HomeMy WebLinkAbout01.22.07 PC Minutes APPROVEDCITY OF BURLINGAME PLANNING COMMISSION APPROVED MINUTES
501 Primrose Road, Burlingame, CA
January 22, 2007
Council Chambers
I. CALL TO ORDER Chair Brownrigg called the January 22, 2007, regular meeting of the
Planning Commission to order at 7:00 p.m.
II. ROLL CALL Present: Commissioners Auran, Brownrigg, Cauchi, Deal, Osterling,
Terrones and Vistica
Absent: Commissioners: Osterling, arrived at 7:02 p.m.
Staff Present: City Planner, Margaret Monroe; Zoning Technician, Erica
Strohmeier; City Attorney, Larry Anderson; Senior Engineer, Doug Bell.
Chair Brownrigg noted that C. Osterling had called to tell him he was
traveling down from Sacramento and because of traffic may be a few minutes
late, but was intending to be present this evening.
III. MINUTES The minutes of the January 8, 2007 regular meeting of the Planning
Commission were approved as mailed.
C. Osterling arrived at 7:02 p.m.
IV. APPROVAL OF AGENDA There were no changes to the agenda.
V. FROM THE FLOOR Pat Giorni, 1445 Balboa, spoke on the FYI items on tonight’s agenda. She
commented that she supports the hospital opening the new garage but
considers the relocation of the security function from the top deck of the
parking garage to inside the adjacent Medical Office Building to be a
significant change from the original approval, adding 6 ADA compliant
parking spaces is not the same as having the security function in the garage.
Residents in the area are objecting to the fact that the security system in the
garage is not functional at this time, commission should discuss the
relocation of the security function and how it is provided.
Chair Brownrigg asked all the commissioners if they had visited all the sites
being discussed this evening. All acknowledged that they had visited the
sites being discussed tonight.
VI. STUDY ITEMS
There were no study items for review.
VII. ACTION ITEMS
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Consent Calendar - Items on the consent calendar are considered to be routine. They are acted on simultaneously unless
separate discussion and/or action is requested by the applicant, a member of the public or a commissioner prior to the time the
COMMISSION VOTES ON THE MOTION TO ADOPT.
1A. 1327 BROADWAY, ZONED C-1, BROADWAY COMMERCIAL AREA – APPLICATION FOR
CONDITIONAL USE PERMIT AMENDMENT AND PARKING VARIANCE TO INCREASE THE
SEATING ARE OF AN EXISTING FOOD ESTABLISHMENT (BAR) (GERARD MITCHELL,
APPLICANT; STEPHEN T. HIGGINS, DESIGNER; BOB NERLI, PROPERTY OWNER) (56 NOTICED)
PROJECT PLANNER: ERICA STROHMEIER
1b. 2533 HAYWARD DRIVE, ZONED R-1 – APPLICATION FOR ONE YEAR PERMIT EXTENSION
FOR AN APPROVED DESIGN REVIEW AND HILLSIDE AREA CONSTRUCTION PERMIT FOR A
SINGLE STORY ADDITION TO A SINGLE FAMILY DWELLING (DAVID AND KELLY TILLMAN,
APPLICANTS AND PROPERTY OWNERS; AND GEORGE SKINNER, ARCHITECT) (27 NOTICED)
PROJECT PLANNER: RUBEN HURIN
C. Deal noted that he would abstain from voting on 1327 Broadway because he lives within 500 feet of
the property.
Chair Brownrigg asked if anyone in the audience or on the Commission wished to call any item off the
consent calendar. There were no requests.
C. Osterling moved approval of the consent calendar based on the facts in the staff reports, Commissioners’
comments and the findings in the staff reports with recommended conditions in each staff report and each by
resolution. The motion was seconded by C. Terrones. Chair Brownrigg called for a voice vote on the
motion to approve item 1a, 1327 Broadway, and it passed 6-0-1(C. Deal abstaining). Chair Brownrigg
called for a voice vote on the motion to approve item 1b 2533 Hayward Drive, and it passed on a 7-0 voice
vote. Appeal procedures were advised. This item concluded at 7:05 p.m.
VIII. REGULAR ACTION ITEM
2. 1251 BROADWAY, ZONED C-1, BROADWAY COMMERCIAL AREA – APPLICATION FOR
CONDITIONAL USE PERMIT FOR A FULL SERVICE FOOD ESTABLISHMENT (LILY LI,
APPLICANT; CLEMENT YEN, TOYO COMPANY, DESIGNER; K.J. NICKMEY LLC, PROPERTY
OWNER) (67 NOTICED) PROJECT PLANNER: ERICA STROHMEIER
Commissioner Deal noted that he lives within 500 feet of the project and will recuse himself from the
proceedings. He left the chambers.
Reference staff report dated January 22, 2007, with attachments. ZT Strohmeier presented the report,
reviewed criteria and staff comments. Fifteen (15) conditions were suggested for consideration.
Commission commented that the graffiti is still on the front of the building, thought it was to be removed
before the project came back. CP noted this might not have been clearly understood. There were no further
questions of staff.
C. Auran moved to continue the item until the graffiti has been removed from the building stating that the
applicant and building owner have done nothing with the graffiti when all it takes is paint. The motion was
seconded by C. Brownrigg.
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Chair Brownrigg opened the public hearing and discussion of the motion. Hong Lily Li, 1251 Broadway,
and Ken Toy, 1251 Broadway, represented the project. Commission commented:
Called attention to the graffiti on the phone booth and the building at the study meeting; the graffiti
is a violation and should be removed immediately by the property owner or tenant;
There are requirements for certain types of wall finishes in a can wash area, what types of finishes
will be used; could do a tile wall 4’ high in area; issues are wall finishes, floor finishes and wall
base; think that tile wall needs to be higher than 4’; a mop sink needs to be included;
The location of the garbage area is a matter of sanitation; not sanitary to be washing cans as shown;
also will be issues with smell and ventilation;
Toyo company prepared plans, information needs to get from this hearing into the revisions on the
plans;
Answers are inadequate in regards to the garbage area which has just been wedged into the exit area;
information on how the garbage area is going to be detailed is not included on the plans; if the
details are not called out on the plans they will get overlooked; this visible to the diners and not the
type of design encouraged in Burlingame;
Think it is great that another garbage solution is being researched; want to have no problems with
garbage and clean-up area; and
How much foot traffic will be going through this area?
Next submittal shall include interior elevations for the garbage can storage/wash area with egress
addressed
The applicant responded that they did not think they could remove the graffiti without a Building Permit;
two sides of the garbage area are glass, and the other two sides are in the exit way to the restaurant and the
second exit doorway from the restaurant; the finish on the walls will be waterproof with wall tiles or other
materials; the fire department wants the area open for an exit path; and they thought the revised plans
addressed the access to the garbage area and rear exit. There were no further comments and the public
hearing was closed.
Commission commented: can support the motion to continue and resubmit after the removal of the graffiti
and in order to resolve the garbage situation, maybe the architect could come to the next meeting and
explain what is going on in the plans; design review provides a method to offer assistance to the applicant,
staff responded that there was no assistance for interior improvements only; the applicant could come in and
listen to the tapes; do not think applicant is allowed to remove the pay phone without the owner’s consent to
remove, uncomfortable asking the applicant to remove something without permission.
Chair Brownrigg called for a voice vote on the motion to continue. The motion passed on a 6-0-1 (C. Deal
abstaining). Appeal procedures were advised. This item concluded at 7:25 p.m.
C. Deal returned to the Dias.
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3. 2300 AND 2750 ADELINE DRIVE, ZONED R-1 – APPLICATION FOR CONDITIONAL USE
PERMIT TO ESTABLISH A BASELINE FOR AN EXISTING HIGH SCHOOL AND RELIGIOUS
FACILITY USE (JEAN HASTIE, SISTERS OF MERCY AND LAURA HELD, MERCY HIGH SCHOOL,
APPLICANTS AND PROPERTY OWNERS) (191 NOTICED) PROJECT PLANNER: MAUREEN
BROOKS
C. Brownrigg noted that he lives within 500 feet of the property so must recuse himself from this
deliberation. He passed the gavel to Vice-Chair Deal and stepped down from the dais and left the chambers.
Reference staff report January 22, 2007, with attachments. CP Monroe presented the report, reviewed
criteria, letters received from the public and applicant since the staff report was delivered, and staff
comments. Twenty conditions were suggested for consideration. Commission asked staff: letters indicate
that there is no one on site after business hours to answer noise complaints? Staff suggested that the
applicant address this. CA did not agree with contention that City could not allow Kohl Mansion to
continue to be used for community and private events as part of a school or religious facility use.
Conditional permit granted by San Mateo County in the 1960’s was very broad and purpose of current
proceeding is to define the operational limits to that broad permit. Does the Commission have the authority
to require the applicant to have an event manager on the site during the events at the Kohl Mansion? CA
noted yes, regarding how the use occurs. Can on site use be controlled by a contract and state what criteria
must be met during the event and after? CA yes. Concern with conditions 9, 10, and 11. Can these
conditions be modified to address any amplified sound, not just music and could condition 11 be changed to
say no take-down indoors and outdoors after 11:00 p.m.? Would like the word ‘only’ be added to conditions
8 and 18 to clarify that only Kohl Mansion shall be used in these cases. Can Mercy publish a schedule of
events available on line? CA noted that the Commissioners should ask the applicant about these matters.
Vice-Chair Deal opened the public hearing. Sister Ellene Egan, 2300 Adeline Drive, representing Sisters of
Mercy; Jean Hasty, 2300 Adeline Drive, Executive Director of the Campus, representing Sisters of Mercy,
Laura Held, 2750 Adeline Drive, Principal, representing Mercy High School and Sandy Slone, attorney,
1100 Alma Street, Menlo Park, representing the applicants; spoke: Sisters of Mercy purchased this property
in 1924, when it was surrounded by pasture and before any of the City development extended around the
campus; they have maintained the Kohl Mansion and preserved it as a landmark making it available to the
community for cultural and educational purposes; the Sisters of Mercy support the establishment of a
baseline conditional use permit with the conditions in the staff report as amended by their attorney’s letter
submitted tonight. Used to live in the residential area near the Sisters of Mercy site in the mid-1980’s, do
not think the use has changed much since then, this application is not about change but to establish a
baseline to formalize what is going on on-site today; reviewed the activities which are on-site and related to
the Sisters of Mercy and Mercy Center; support the application with the following findings: the use is not
detrimental and if approved would not provide an unequal benefit, the site benefits the community, provides
open space which they allow the community to use, Mercy High School provides an important educational
benefit to the community; and the site provides a place for the community to grow spiritually; the use is
consistent with the City’s General Plan which acknowledges its role as open space, the present R-1 zoning
allows the present uses with a conditional use permit and the uses fit within those allowances; the residential
neighborhood grew around the campus not the reverse; proposal is not to add uses to the site but for a
determination that the use is compatible, have made reasonable changes when asked to do so, as recently as
January 1, 2007, have established a program to have a campus receptionist answer the main line 24/7 and
that person is empowered to take action regarding complaint calls received. Mercy High School is a co-
applicant for this conditional use permit, the idea of a baseline grew out of an earlier request to remodel the
school’s fitness center, the school opened in 1931 with 530 students, today have 500 high school students
and 30 Montessori pre-school students on the campus. Regarding the High School - Kohl Mansion is a part
of the school, built in 1913, always used as a cultural center and for weddings, the money raised from rental
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of the Kohl Mansion goes to the support of the school for maintenance, capital improvements, and
scholarships; studies show that there is enough parking on site, visiting students and teams are provided
parking on site, campus facility booking policy and requirements limit guests on site to 300 at one time;
regarding noise, do not allow the removal of tents after 10 p.m., hire security for each event, they are
responsible for closing doors if noise is heard in the neighborhood, all the events are managed by one staff
member, have voice mail to reach the Principal at any time, if complaint comes in over the weekend will be
addressed on Monday; as a result of the first meeting with Planning Commission over the fitness center held
three out reach meetings with the neighbors, had a good turnout, answered all the issues raised, will create a
neighborhood-community program for the future; urge Commission to approve the proposed conditional use
permit.
Comments from the floor: Linda Abbey, 2415 Adeline Drive, Donna Colson, 2616 Hale Drive; Michael
Gaul, 2838 Adeline Drive; Friederike Johnston, 2509 Adeline Drive; Charlotte Kiesel, 2105 Hale Drive;
Alexandra Kromelow, 2621 Adeline Drive; Jok Legallet, 1474 Alvarado Avenue; Ed Watson, 1444 Balboa
Avenue; Aileen Whelan, 3029 Rivera Drive; Virginia Wright, 2811 Adeline Drive; David Tillman, 2533
Hayward Drive. Live across from the service driveway, Sisters of Mercy give a lot of good service but they
are stressful to live near, have been a lot of changes since annexation and am opposed to granting them a
conditional use permit with a base line as outlined, all the questions are not answered, roads serving the area
were not built for the number of uses there, would like to see an environmental document done on this
request; feel that the 17 parking spaces on the service driveway are a safety issue, my cars have been hit,
sudden noises at night wake them up, submitted comment letter and pictures of damaged cars. Aware of the
uses on the Sisters of Mercy site and all they do for the community, attended two of their outreach meetings,
addressed issues in a positive manner, have contacted representatives with questions and concerns, all have
been resolved, encourage approval. Resident and contractor in Burlingame for 20 years, purchased property
from Sisters of Mercy, built a house which now live in, very accommodating during his construction; traffic,
noise and parking do not seem to be a problem in the neighborhood, his construction had a greater impact;
long family relationship with the Sisters of Mercy, feel they are a huge asset to the community with the
school, religious facilities and free public use of the trail, they are an asset to the homeowner as well,
provide open space, quality education, urge approval.
Further comment from the floor: Not concerned with the school use, concerned with the night club type use
on the site during the summer; the use of the batting cage with pinging from the bats 50 feet from the
houses, drunk drivers after events, this has nothing to do with religious activities, if need parties to raise
funds, should do it off site. 30 year resident, attended Mercy High School, Kohl Mansion was available for
music, fine arts, weddings, etc. when she was a student, makes us feel welcome, give the property to all of
us and not ask for return, they were surrounded by cows when they came, now the city owes them a lot.
Support the high school and retreat center, not use as a party center, questions about the conditions:
condition 8 is referring to what events, does it include school vacations, what happens during the summer –
use 4 nights a week; condition 10 is DJ outside in a tent, have they done noise measurements to determine if
proposal is within city code; numbers allow rental of Kohl during the year, happy someone on campus now
to take night calls, last year called Police more than 3 times, know others called also, but log says only three,
seems to be a problem with the logs. Resident 40 years, traffic has increased a lot, problem is Adeline and
Alvarado, traffic through school should be made one way to protect the neighborhood, in 1979 not hear
parties and there was no traffic; should be allowed one party per weekend, should stop at 10:00 p.m. on
Friday, Saturday and 6 p.m. on Sunday. Lived in Burlingame entire life, Sisters of Mercy tremendous
resource, relative’s sisters at the convent, ask not to do anything that would harm this resource, without Kohl
Mansion the revenue to the school would be reduced and the economic viability of the school would be
damaged; parking has been made available on the campus, not nearly as bad today as was in 1979 when
guests parked on the dirt edge on the north side of Adeline Drive along the edge of the campus; have walked
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by at night and do not hear a lot of noise, about the same as a neighborhood party. Alumnae, Member of
Board of Mercy High School, local business woman, long term resident as is family, not heard relatives who
live nearby complain about noise, invite neighborhood at Christmas, allow the public to use their trail and
site to enjoy open space, ask approve conditional use permit.
Continued comment from the floor: live across and up from the high school since 1988, high school activity
is consistent, the greatest change is in the late night events and noise from them; Commission should look at
being sure the existing noise regulations continue to apply, would like a direct means to address the noise
problem, switchboard covered 24/7 is good; all amplification, not just music should be kept inside; 11:00
p.m. is too late for week night events; conditions for use of Kohl Mansion should be clearer to renters and
should be included in their contracts, so not a surprise when asked to comply during an event.
Commissioner asked if 11:00 p.m. is too late on weeknights for all events, or just parties? Really just
parties. Property backs up to Kohl Mansion, people walk the trail all the time, have never head noise, flutes
at night on occasion; wedding music is stopped at a certain time (was married at Mercy).
Applicant Response: letter from neighbor’s attorney is written as if the uses on the Sisters Mercy site and
High School are nonconforming, this is not so, they have a conditional use permit from the County which
runs with the land, were asked by City staff and the community to accommodate them to establish a more
specific baseline; it is clear from the LAFCo letter, exhibit E page 2, that part of the activities on the site at
the time of annexation were cultural and community events; they hold weddings at the school and that is not
incompatible with school use, many schools are used for weddings, they also host community events and
concerts, these are common ways that private schools fund improvements and scholarships. Regarding the
conditions would like a heading ‘Sisters of Mercy’ added before condition 14; would like to correct
condition 18 to allow 35 not 25 employees, that count does not include the 10 employees of the school who
work in Russell Hall; are fine with providing a contact person on site, started such a program January 2,
2007; will work with staff to add a calendar of events on their web site, may need some time to get this
done; are fine with adding a condition which requires that students be dropped off on site not off campus
and have suggested wording; not fine with changing condition 10 to prohibiting all amplified sound outside,
clearly students at Mercy need opportunity to have student events outside during the day, pep rallies are
important to school spirit. Commissioner asked, good that 24/7 switchboard operator added, what happens
after the call is received? Person who answers is trained to handle an event problem, over sees the security
guards on campus, security guard will contact the event manager who is a staff member who is present for
the full term of the event. Commissioner asked, if an event is over at 1l:00 p.m., and the party planners
cannot take the tents down what can they do? The party planners may pack up the kitchen and put dishes
away, can put the extra food, dishes etc. in catering truck parked in the service area behind the Mansion,
truck leaves between 11:30 and 11:45 pm. So there is one truck after 11:00 p.m.? Yes. How hard would it
be to stop week-day events at 9:00 p.m.? In May and June through Summer have events on Thursday
evenings both weddings and parties. Commissioner asked how did you monitor music before the
complaints? Security guards on campus also provide security for the events at the Mansion, one of their
jobs is to monitor the level of the music, they walk the perimeter of the campus and see how it sounds
outside. There is no objective standard? No but would welcome suggestion by the City for a more objective
measure. There are easily available portable decibel meters, could establish a baseline and measure during
an event and log. Seems from testimony that some nearby areas are affected by noise from events at Kohl
Mansion and other areas are not, have you looked at that? No, have no data to support but would be happy
to evaluate. CA asked what does the applicant expect the total number of events to be a Kohl Mansion each
year? Applicant noted don’t know if prepared to answer that, Mansion can be used week-end nights through
out the year, never had a limit, larger events are always on Friday and Saturday nights. What kinds of
events occur at Kohl Mansion? Weddings, parties, speakers, music, high school events like sports awards
night. The approach used is not to address the number of events; but the fact that there will never be more
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than 300 guests on the site at one time plus 50 staff or support personnel. This year there have been four (4)
events at the Mansion since the beginning of January, including a reception for the departing Bishop on a
Sunday 7 – 9 p.m., a fund raiser for the Catherine Center which was dinner with piano music. There were
no further comments. The public hearing was closed.
Commissioner comments: Mercy High School and Center are integral parts of the cultural fabric of the city,
compatible with the city and glad that the hotline with formal process to communicate with events in process
and get instant response has been put into place; truck traffic noise leaving is not an issue, one catering truck
leaving after 11:00 p.m. seems acceptable; use of a noise meter would begin to define the neighbor’s
concerns in terms of the city’s requirements, when measure should look at the measurement location to
determine if noise is traveling differently, a meter would be a more objective measure, 11:00 p.m. should be
all right on week-days with good monitoring; should add a condition that the applicant shall provide the
Planning Commission with an update on the complaints received and their responses, this would allow an
evaluation of the effectiveness of the various conditions approved. Agree that the Sisters of Mercy are
invaluable to the community and generally a good neighbor, should add a condition that they acquire a
portable decibel meter, that the on-site security force be trained in its use and that no noise from the site
should exceed the city’s noise standard of a an increase of 5 decibels over ambient at property line, also a
copy of the city’s noise ordinances and requirement should be available on site and should be included in
every rental contract; the word ‘only’ should be added to condition 8 relating to use of Kohl Mansion and
condition 18 relating to use of Russell Hall, and should add a condition that these conditions shall be
reviewed in a year to evaluate how effective they are in establishing a base line for the operations of all the
collective uses on the Sisters of Mercy site. The condition requiring the drop off of students on site should
also be added.
Commissioners comments continued: support these conditions and think the details can be worked out
when revisit in a year, can remember cars parking on the unpaved north side of Adeline, no longer happens;
would like to add a condition that a calendar of events for the whole site be published and the 24/7 hot line
as now implemented be included in the conditions. CA noted would like to see the quantity of events
defined some how, maybe the log of events could be included in the annual response noting those events
with amplified music and sound and those without.
C. Osterling moved to approve the application, by resolution, including the added conditions noted in the
discussion and with the following conditions:
MERCY HIGH SCHOOL
(1) that the Mercy High School shall only be open during the hours of 6:00 a.m. to 4:00 p.m., Monday
through Friday, from August to mid-June, with a maximum enrollment of 500 students and 80 faculty/staff
members; (2) that after school programs shall occur only during the hours of 3:00 p.m. to 6:00 p.m.,
Monday through Friday; (3) that students shall be informed that cars shall only be parked on site in
designated parking areas, no student parking shall occur in the surrounding residential streets; (4) that all
busses used by students or visiting teams shall be parked on site; parking directions to on-site parking areas
shall be provided to visiting teams and schools; (5) that enrollment for summer school and sports camp
programs shall be limited to a total of 275 participants; summer school and camps may occur only during the
hours of 8:15 a.m. to 3:15 p.m. Monday through Friday; (6) that Montessori Preschool shall only be open
during the hours of 9:00 a.m. to 1:00 p.m. Monday through Friday, with a maximum enrollment of 30
students; (7) that all vehicles delivering students to the Mercy High School and Montessori school sites or
picking students up from the schools on the site shall enter the school campus area though the gates to the
site and drop students off or pick them up on-site in front of their school;
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KOHL MANSION
(8) that any intensification of use including maximum number of students enrolled in the school, number of
support educators and staff or summer school and sports program enrollment number, which exceeds the
maximums stated in these conditions shall require an amendment to this use permit; (9) that each contract
for rental or use of Kohl Mansion shall include a copy of the noise and other requirements for operation
included in these conditions of approval along with the requirement that the contractor shall be required to
comply with each of these requirements or cease their event on the Kohl Mansion site; (10) that the base
line for defining noise problems used on the Sisters of Mercy site and the sisters of Mercy High School site
shall be the established City standard which includes: any noise which is five (5) decibels over the ambient
noise level at the time of the event at property line; and the requirements of Chapter 10.40 of the Burlingame
Municipal Code; (11) that the agency on site responsible for leasing the Kohl Mansion for non-school
events shall purchase one or more decibel meter(s) as appropriate designed for the purpose of measuring
sound out-of-doors; that the security and other appropriate staff shall be trained in the proper use and
maintenance of the noise meters; that the Center and/or school staff shall work with a qualified noise
specialist to establish a baseline ambient noise level at various noise sensitive locations and at various times
during a 24 hour period along the property line of the Sisters of Mercy campus site; and that during each
event scheduled at Kohl Mansion for the next year, the noise levels at these established locations shall be
measured and recorded in a log, the log shall document which events used mechanical amplification and
whether the amplification was inside or outside, including those events with music; and that this data shall
be tabulated monthly into a log and shall be submitted to the City as a part of the annual review of the
baseline conditions of approval; and that noise measurements shall not be required during the occasional
weekday Mercy High School student body events; (12) that outside of ordinary school events, Kohl
Mansion shall be only used: for events, including, but not limited to, receptions and musical concerts, only
on Fridays, Saturdays, Sundays; weekday evenings after school; and, in addition, up to a maximum of six
(6) events may be held on weekdays during the school year, provided most guests arrive by bus. Such uses
of the Kohl Mansion shall be considered along with the other events on the Sisters of Mercy campus and the
collective events shall be limited to a combined maximum number of 300 guests plus a total of fifty (50)
event support staff on the campus, for a maximum of 350 persons; that any changes in the area leased,
operation, maximum number of guests which exceeds these maximums as stated in this and the other
conditions shall require an amendment to this use permit; (13) that evening events held at the Kohl
Mansion shall end no later than 11:00 p.m.; (14) that between the hours of 10:00 p.m. and 8:00 a.m., the
"take-down" for outdoor parties shall be limited to activities that do not cause a noise disturbance across
property lines into a property located in a residential district, in accordance with Burlingame Municipal
Code Section 10.40.039; (15) that Sisters of Mercy and Mercy High School shall provide the neighbors and
public with a 24/7 phone number for emergencies and complaints, that this telephone ‘hot line’ shall be
answered by an individual trained to respond to neighborhood complaints at the time the complaint is
received, and that, in the case of after-hours events at Kohl Mansion, a process shall be instituted that would
convey information about a complaint immediately to the staff member supervising the event who has the
authority to address the issue immediately with the customers and site security; (16) that the Sisters of
Mercy and Mercy High School shall be responsible for producing and providing online to the public and
directly by mail to the neighbors a comprehensive calendar of events planned for the facilities on the
properties owned by the Sisters of Mercy, the calendar of events shall include, at a minimum, the nature of
the event, the duration of the event, the date of the event and the contact number for someone wishing to
inquire about the calendar and events; that this calendar shall be compiled, maintained and distributed
regularly through out the year;
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MERCY CENTER
(17) that overnight programs at the Mercy Center shall be limited to a maximum of 97 guests; meetings and
sessions as a part of these programs shall conclude by 9:00 p.m.; these programs may include an internship
program in July with a maximum of 60 participants, and retreats which last an average of three (3) days and
a maximum of ten (10) days with an average of 33 retreat participants; (18) that day programs and
activities at the Mercy Center and Chapel shall be limited to the activities such as a Sunday speaker series;
Saturday spiritual direction programs; daily meditation, chapel and prayer groups; evening services,
including, but not limited to, the Friday evening Taizé service; Sunday mass; non-profit organizational
meetings, Mercy Center bookstore. Day Program events shall be scheduled only during the hours of 9:00
a.m. and 9:00 p.m., and shall be limited to no more than 150 participants;
SISTERS OF MERCY
(19) The Labyrinth Garden shall be only open to the public daily from sunrise to sunset; (20) that the
Motherhouse Room and Board facility for Sisters of Mercy shall be limited to a maximum of 50 residents;
(21) that the Marian Care Convent and Infirmary for Sisters of Mercy shall be limited to a maximum of 40
residents; (22) that the Lodge Cottage House shall be limited to housing a maximum of 4 residents; (23)
that Russell Hall may include classrooms for Mercy High School and administrative offices for the Sisters of
Mercy and Mercy High School, shall be open only during the hours of 7:00 a.m. to 7:00 p.m. daily and shall
be limited to a maximum of 35 employees;
ENTIRE SITE
(24) that the combined total of participants for events scheduled at the Kohl Mansion and Mercy Center
shall not exceed 350 participants, including event staff, on site at any one time; and (25) that as a part
of the agreement for use of any facility on the site, information shall be provided regarding available
parking for the event; participants shall be informed that all parking shall occur on site, there shall be no
overflow parking on the surrounding public streets; (26) that this conditional use permit shall be
reviewed in one year (January 2008) to evaluate the effectiveness of the conditions in establishing a base
line for operations of the collective uses on the properties owned by the Sisters of Mercy which
compose this site, this review shall include a review of any complaints logged, including the responses
and resolutions of the complaints, and any changes to operations initiated as a result of any complaints
received or from the administration of the conditions of approval.
The motion was seconded by C. Vistica.
Comments on the motion: noise standard used should be the same as used throughout the city, increase of
five (5) decibels over ambient at property line; do not think in condition 10 music should be replaced with
the word ‘sound’, should weekend and weekday be different in terms of ending time of evening events;
these conditions will be monitored and measured and will be reviewed in a year; suggest that remove the
wording in condition 10 which limits amplified music to inside Kohl Mansion and replace with city noise
standard of increase of five decibels over ambient at property line, the occasional pep rally for the high
school students should continue to be allowed.
Vice-Chair Deal called for a voice vote on the motion to approve the base line conditions for the uses on the
Sisters of Mercy site at 2300 and 2750 Adeline Drive as amended by the Commission. The motion passed
on a 6-0-1 (C. Brownrigg abstaining). Appeal procedures were advised. This item concluded at 9:15 p.m.
Chair Brownrigg returned to the chambers and took his seat on the dais. Vice-Chair Deal passed the gavel
back to Chair Brownrigg.
City of Burlingame Planning Commission Approved Minutes January 22, 2007
10
.
IX DESIGN REVIEW STUDY ITEMS
4. 1221 CABRILLO AVENUE, ZONED R-1 – APPLICATION FOR DESIGN REVIEW AND SPECIAL
PERMITS FOR A NEW, TWO-STORY SINGLE FAMILY DWELLING WITH A BASEMENT AND
DETACHED GARAGE (BRET AND SUZANNE BOTTARINI, APPLICANTS AND PROPERTY
OWNERS; MARK ROBERTSON, DESIGNER) (62 NOTICED) PROJECT PLANNER: RUBEN HURIN
CP Monroe briefly presented the project description. Commission asked staff: worked on construction site
maintenance requirements, would they apply to this site yet? Staff responded no, but they could be added as
a condition of approval. The new requirements have not been approved by the City Council yet. There is a
basement area with this project, when is it considered to be habitable space? Staff responded that the
Building Code considers habitable space to be any area with a 7’-6” ceiling height but that the Planning
Department counts any area with a ceiling height of 6’-0” or greater towards FAR.
Chair Brownrigg opened the public comment. Mark Robertson, designer, 918 E. Grant Pl., San Mateo, and
Brett Bottarini, property owner, stated that the house was designed in a Craftsman style with a large front
porch. Commission commented:
Will there be a sump pump located in the basement patio area; where will it be located; and make
sure it is soundproof;
In regards to the uniform plate height of 8’-6” at the second floor, have you looked at any other
options; concern with the uniformity of the roof line without breaking up more of the line; would
like to see a little more play to plate heights; if the plate heights vary then the whole thing would not
seem like a second story;
What is the 18” catch basin on the plans?
Some of the trim is a little weak, should be at least 6X; posts at front porch should have a proper
material size, current size should be increased;
Should adhere to 9’ plate on the first floor and 8’-1”plate on the second floor, which was made a
standard in Burlingame; could still vault up ceilings for 12’ in height inside; asked for 8’-1” on all
other projects because it is the standard for comparison and because of slope in area; heights of
houses on the same side of the street should be shown on a sketch;
Lowering the house is odd for a Craftsman, not typically one step up or on slab; most houses seen
18” off grade, this one is 12”; and
Good job, but needs a little more detailing; porch off laundry room is a great space.
The applicant responded that: the sump pump will be in an enclosed mechanical room in the basement and
will be soundproof; asked architect for more ceiling height on the second floor, therefore 8’-6” plate heights
were used; wants crown moldings and can’t do them with vaulted ceilings; the 18” catch basin is a bubbler
at the street with a three inch pipe to the sidewalk with an open grate for overflow; and brought house down
into the ground without getting involved with water and flooding issues to accommodate the plate heights
the property owners wanted.
Public comment: Pat Giorni, 1445 Balboa Avenue, glad to see first class windows; and the window grid
pattern is symmetrical and gives the sense of a very large house. There were no other comments from the
floor and the public hearing was closed.
City of Burlingame Planning Commission Approved Minutes January 22, 2007
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C. Auran made a motion to place this item on the regular action calendar at a time when the requested
revisions have been made and plan checked.
Comment on motion: 10’ plate heights on the first floor are out of place in Burlingame; okay with 9’ plate
height on the first floor and 8’-6” on the second floor; concerned about the possibility of someone falling
into the lowered patio area, fencing would apply; not opposed to 9’ and 8’-6” plate heights; still 152 SF
from max, room to play with to reduce the massing on the second floor so it is not all 8’-6”; one step up
makes a Craftsman look like its sitting in a hole, go up 18”, reduce plate height and will reduce excavation
for basement; encourage debris pick-up on site; and currently no street tree in front of property, should
provide one. This motion was seconded by C. Deal.
Chair Brownrigg called for a vote on the motion to place this item on the regular action calendar when plans
had been revised as directed. The motion passed on a voice vote 7-0. The Planning Commission's action is
advisory and not appealable. This item concluded at 9:45 p.m.
5. 1538 BURLINGAME AVENUE, ZONED R-1 – APPLICATION FOR DESIGN REVIEW, SPECIAL
PERMIT FOR ATTACHED GARAGE AND VARIANCES FOR FLOOR AREA RATIO AND REAR
SETBACK FOR A FIRST FLOOR ADDITION (TRG ARCHITECTS, APPLICANT AND ARCHITECT;
NANCY BLACHMAN, PROPERTY OWNER) (56 NOTICED) PROJECT PLANNER: ERICA
STROHMEIER
ZT Strohmeier briefly presented the project description. Commission commented that because the existing
living room which is not proposed to be changed has a ceiling height greater than 12’, it is counted twice
and therefore adds 618 SF to the FAR calculation.
Chair Brownrigg opened the public comment. Randy Grange, architect, 205 Park Road, and David Des
Jardins, property owner, stated: because the 630 SF living room counts twice, the house already exceeds the
max FAR; the existing one story living room element that counts twice does not exceed the mass and bulk of
the neighborhood; consider Burlingame Avenue to be the front property line for this house; applicant wants
the new bay window to look out into the 15’ rear yard which is more like a rear corridor; and applicant
wants to maintain and improve the historical character of the house. Commission commented:
Architect addressed why the bay window has to be off the rear of the house; could bay window
qualify as a minor modification?
Like what has been done with the garage; makes a good case for a variance;
Sympathize on the existing plate height in the living room;
It is a gorgeous home; why does the roof eave stop at the garage and not extend to the mudroom; and
Architect forgot to mention that the existing shed on the property will be removed.
Applicant responded: the addition contains an interesting roof element where it cannot extend out too far to
cover garage area; the intent of the roof is consistent and has the same detail everywhere; and will revise the
plans to correctly portray the proposed roof.
Public comment: Pat Giorni, 1445 Balboa Avenue, this is a mansion-sized house that is on a 12,000 SF lot;
when look at a house like this and have to double the living room FAR, makes a question of how this plays
out; with the full basement exemption, can get a house the same size as this, but on a 6,000 SF lot. There
were no other comments from the floor. The public hearing was closed.
City of Burlingame Planning Commission Approved Minutes January 22, 2007
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C. Osterling made a motion to place this item on the consent calendar at a time when the corrections to the
plans have been made and plan checked. This motion was seconded by C. Terrones.
Chair Brownrigg called for a vote on the motion to place this item on the consent calendar when plans had
been corrected as directed. The motion passed on a voice vote 7-0. The Planning Commission's action is
advisory and not appealable. This item concluded at 10:00 p.m.
6. 1501 LOS MONTES DRIVE, ZONED R-1 – APPLICATION FOR DESIGN REVIEW AND HILLSIDE
AREA CONSTRUCTION PERMIT FOR A FIRST AND SECOND STORY ADDITION (TIFFANY AND
GUS KINIRIS, APPLICANTS AND PROPERTY OWNERS; TRG ARCHITECTS, ARCHITECT) (47
NOTICED) PROJECT PLANNER: LISA WHITMAN
ZT Strohmeier briefly presented the project description and noted that the numbers for the FAR calculation
provided on the chart in the staff report are incorrect. Commission asked staff if the provided numbers in
the chart on the overhead were also incorrect. Staff responded yes and the numbers will be corrected to
address the current revisions for the action meeting. There were no further questions of staff.
Chair Brownrigg opened the public comment. Randy Grange, architect, 205 Park Road and Tiffany and Gus
Kiniris, property owners, stated: problem with the lot was to avoid the layered cake look; took a long time
looking at the views in the neighborhood, do not think that any of this house will block any views of the
neighbors. Commission commented:
Have concerns with the landscaping, do not see any softening; needs a lot more landscaping; a full
landscape plan should be submitted; this is a big house in a prominent location, the visual impact
should be mitigated by the landscaping; always want to make sure landscaping is installed with a
maximum sized house;
Need larger scale trees in keeping with the size of the house; would like to see several evergreen
trees like bay laurels and pittosporums mixed in with deciduous trees to add color;
Concerns with left elevation, it is broad, would help if there was layering up to the house; and
The fence along Hillside Drive is laying down, include in the landscape plan how this will be
resolved.
Applicant responded: they plan to do a lot more landscaping with grass and trees after the house is built;
looked into extending fence area along Hillside and install Italian cypress, this is a space that needs a lot of
attention; and the wind conditions dropped the fence down, did not know how to address the fence issue
until knew what the house would look like.
Public comment: Peter Keyes, 1505 Los Montes Drive, concern is with backyard; going to leave trees in
rear? Applicant responded yes. Report indicates that there are six (6) potential bedrooms, but only three (3)
bedrooms and a bonus room are shown on the plans. Staff responded that for planning, a room does not
need a closet to be counted as a bedroom. There were no other comments from the floor and the public
hearing was closed.
Commission commented: question of the story pole requirement, we typically expect story poles on a
hillside area permit; have required a single story house to have story poles not that long ago; think addition
has to have story poles; and in last three (3) years, Commission has always required story poles in the
hillside area.
City of Burlingame Planning Commission Approved Minutes January 22, 2007
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C. Auran made a motion to place this item on the consent calendar at a time when the story poles have been
installed and surveyed by a licensed surveyor and a full landscape plan has been submitted and plan
checked. This motion was seconded by C. Osterling.
Chair Brownrigg called for a vote on the motion to place this item on the consent calendar when the story
poles have been installed and surveyed by a licensed surveyor and a full landscape plan has been submitted
and plan checked. The motion passed on a voice vote 7-0. The Planning Commission's action is advisory
and not appealable. This item concluded at 10:20 p.m.
7. 1473 CORTEZ AVENUE, ZONED R-1 – APPLICATION FOR DESIGN REVIEW FOR A NEW, TWO-
STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE (JASON AND DENISE PAYNE,
APPLICANTS AND PROPERTY OWNERS; CHU DESIGN & ENGR., INC., DESIGNER) (63
NOTICED) PROJECT PLANNER: LISA WHITMAN
CP Monroe briefly presented the project description. Commission commented: there was an application to
remove one oak tree that was denied, but another tree was removed from the rear yard; was a permit issued
for that removal? Talked to owner to gain access to the rear yard and saw the location of the removed tree
and the remaining oak. There were no further questions from the Commission.
Chair Brownrigg opened the public comment. James Chu, 55 W. 43rd Avenue, San Mateo, and Jason and
Denise Payne, property owners, stated: decided to keep the oak tree which was denied a removal permit on
the property; agree with staff to hire a licensed arborist for a tree protection plan; obtained a tree removal
permit to remove the oak in order to accommodate the construction of the detached garage. Commission
commented:
Did a great job on the design; the right elevation looks nicer when the second floor plate comes
down; the design is handsome;
There are a couple of flat spots on the top of the roof; should not use curb in these areas; wrap
shingles to the ridge to trick the eye;
House has the potential to add a front porch; could extend roof element off to one side; front porch is
important to extend the house to the neighborhood;
At the rear elevation, any thought to French doors instead of the window on the first floor?
Compliment profile of corbels on plans; could include an attic vent on the elevation;
Clarify the permits issued for the tree removal and for the tree to be retained; and
In front driveway side, strawberry tree should be replaced with a larger scale tree like a Bay laurel to
help screen the house, and the Bay laurel shown on the plans at the front could be swapped with the
strawberry tree shown.
The applicant responded: French doors were not added in location of window on first floor so that there
would be more useable living space inside the house in that location; and the tree in the back was approved
for a tree removal permit by Steve Porter because it was a shallow based oak. There were no other
comments from the floor and the public hearing was closed.
C. Cauchi made a motion to place this item on the consent calendar at a time when the requested revisions
have been made and plan checked. This motion was seconded by C. Vistica.
Comment on motion: in favor of porch on this project, would like to see it a little larger; prepared to
approve motion with understanding that porch element be added to plans; porch needs to be brought forward
City of Burlingame Planning Commission Approved Minutes January 22, 2007
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slightly; with respect to the porch, if the front patio area gets used at all, you do not want to create a porch
with a railing, generally make an entry porch to bring house forward towards the street; here want to create a
patio sitting area that augments the living room; accept design as is because of the patio off of the living
room at the front of the house; and the architect can take the suggestions regarding the porch under
advisement.
Chair Brownrigg called for a vote on the motion to place this item on the consent calendar when plans had
been revised as directed. The motion passed on a voice vote 7-0. The Planning Commission's action is
advisory and not appealable. This item concluded at 10:30 p.m.
X. COMMISSIONER’S REPORTS
There were no Commissioner’s Reports for review.
XI. PLANNER REPORTS
- Review of City Council regular meeting of January 16, 2006.
CP Monroe reviewed the actions of the Council meeting of January 16, 2006. Noting that the City Council
upheld the Planning Commission’s action on 1557 Drake Avenue and introduced the amendment to the
zoning map for the ECN district. Council also held a public hearing on the tree removal at the Easton
Branch Library. C. Osterling noted that when they placed the new utility lines in the middle of Easton
Drive, it was notable that none of the major tree roots from either side of the street extended fully across the
street. He expressed concern about the support of the existing trees based on this root growth pattern.
- FYI: 127 Loma Vista Drive: Review of requested revision to landscape plan.
Commission acknowledged this change.
- FYI: Peninsula Hospital Project Complaint Log
Commission acknowledged receipt of this information
- FYI: Proposed Opening of Parking Garage for Peninsula Hospital
Commission acknowledged this information. Commission suggested that it would be helpful if the Hospital
construction manager could provide the Commission with a memo describing the construction activities and
their timing anticipated for next year or so.
- FYI: Peninsula Hospital Replacement Project – Location of Security Department
Commission acknowledged this information.
XI. ADJOURNMENT
Chair Brownrigg adjourned the meeting at 10:45 p.m.
Respectfully submitted,
David Cauchi, Secretary