HomeMy WebLinkAbout07.23.07 PC Minutes APPROVED
CITY OF BURLINGAME PLANNING COMMISSION
APPROVED MINUTES
City Council Chambers
501 Primrose Road - Burlingame, California
July 23, 2007 - 7:00 p.m.
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I. CALL TO ORDER Chair Deal called the July 23, 2007, regular meeting of the Planning
Commission to order at 7:02 p.m.
II. ROLL CALL Commissioners Present: Commissioners Auran, Brownrigg, Deal, and
Terrones. Commissioner Cauchi participated via telephone conference call
from 12915 Fairway Drive, Truckee, California for Item 5.
Commissioners Absent: Commissioners Osterling, Vistica and Cauchi.
Staff Present: Community Development Director, William Meeker; Planner,
Erica Strohmeier; City Planner, Margaret Monroe; Senior Engineer, Doug
Bell; and City Attorney, Larry Anderson
Chair Deal indicated that he would need to recuse himself on item 9. He
also indicated that since only four Commissioners were present at the
meeting, the applicants for the two Design Review Study matters (Items 9
and 10) may wish to request a delay until more Commissioners are present.
III. MINUTES July 9, 2007 Minutes – Commissioner Brownrigg requested the following
correction (addition) to the comments made regarding the project at 1537
Drake Avenue (on Page 3 of the Minutes): “Commissioner Brownrigg noted
that this, and the next item, are the end of a long and, at times, contentious
process. He still regrets that the large parcel was divided into three parcels,
since Burlingame values a diverse housing stock, which includes various lot
sizes. That said, compromises were made on size and setbacks, and this is
a reasonable outcome.”
Commissioner Auran moved, seconded by Commissioner Terrones to
approve the minutes of the July 9, 2007 regular meeting of the Planning
Commission, with the correction noted by Commissioner Brownrigg. Passed
4-0-3 (Commissioners Osterling, Vistica and Cauchi absent)
IV. APPROVAL OF AGENDA There were no changes to the agenda.
V. FROM THE FLOOR
Pat Giorni, 1445 Balboa Avenue, indicated that she was proud of Commission at the July 9, 2007 when
they made the decision to deny the project at 2516 Hale Drive without prejudice. It was a prime example of
when Design Standards worked. The project wasn’t consistent with neighborhood. Denial without
prejudice was the proper move. This is the best Planning Commission that has served.
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VI. STUDY ITEMS
1. 1141 BALBOA AVENUE, ZONED R-1 – APPLICATION FOR SIDE SETBACK VARIANCE FOR A NEW
TRELLIS (RON AND CAROLINE CANNOBIO, APPLICANTS AND PROPERTY OWNERS) PROJECT
PLANNER: LISA WHITMAN
Planner Strohmeier presented a summary of the staff report.
Commission comments:
Who built the new trellis on the property and when.
Why wasn’t a building permit obtained for the trellis?
Provide details regarding the complaint received regarding the property.
Clarification of how the applicant intends to address the Building Code required two-foot correction.
Does the deck also need to be moved back two feet?
How long has a trellis been on the property in this location?
At the time the original trellis was built, was a building permit required?
How high is the deck above grade?
This item was set for the regular Action Calendar when all the information has been submitted and
reviewed by the Planning Department. This item concluded at 7:14 p.m.
2. ORDINANCES TO AMEND THE CONDOMINIUM REGULATIONS OF THE MUNICIPAL CODE –
PROJECT PLANNER: MARGARET MONROE
a. AMEND CHAPTER 26.30 OF THE MUNICIPAL CODE (CONDOMINIUM SUBDIVISION
REGULATIONS) TO ADD PROVISIONS TO ADDRESS TW AND ECN ZONING DISTRICTS
b. AMEND CHAPTER 26.32 OF THE MUNICIPAL CODE (CONDOMINIUM CONVERSION
REGULATIONS) TO ADD PROVISIONS TO ADDRESS TW AND ECN ZONING DISTRICTS
City Planner Monroe presented a summary of the staff report.
Commission comments:
With respect to utility metering, the Commission may waive the requirement for separate metering of
units.
Page 5 of the annotated comments; change reference to Planning Department to Community
Development Department, and capitalize throughout the document.
Page 3, definitions; be clear that all items that serve a recreational purpose are included in the
calculation of open space.
The proposed ordinance clearly demonstrates that an effort to increase density will decrease
greenery.
The proposed ordinance does not include a discussion regarding no reduction in the existing number
of dwelling units. This should be discussed as a separate matter by the Commission.
Affordable housing sometimes requires smaller unit sizes; this should not be overlooked.
Tenants-in-Common (TIC); the State Department of Real Estate doesn’t regulate TICs closely. The
City/County of San Francisco has lost a court challenge regarding regulation of TICs. It is a question
for the Department of Real Estate; but there is no way to address the issue currently. TICs are
usually more affordable units; they are another way for people to become property owners.
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This item was set for the regular Action Calendar when all the information has been submitted and
reviewed by the Planning Department. This item concluded at 7:30 p.m.
3. ORDINANCE TO AMEND THE TROUSDALE WEST (TW) AND EL CAMINO NORTH (ECN) ZONING
DISTRICTS TO ESTABLISH CONSISTENCY BETWEEN THE DISTRICTS – PROJECT PLANNER:
MARGARET MONROE
City Planner Monroe presented a summary of the staff report.
There were no Commission comments.
This item was set for the regular Action Calendar when all the information has been submitted and
reviewed by the Planning Department. This item concluded at 7:33 p.m.
VII. ACTION ITEMS
Consent Calendar - Items on the Consent Calendar are considered to be routine. They are acted upon
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.
Chair Deal asked if anyone in the audience or on the Commission wished to call any item off the consent
calendar. There were no requests.
4. 446 MARIN DRIVE, ZONED R-1 – APPLICATION FOR DESIGN REVIEW, SIDE SETBACK VARIANCE,
PARKING VARIANCE AND SPECIAL PERMIT FOR DECLINING HEIGHT ENVELOPE FOR A FIRST AND
SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING (TED AND CYNTHIA CROCKER,
APPLICANTS AND PROPERTY OWNERS; AND MARK PEARCY, ARCHITECT) (71 NOTICED)
PROJECT PLANNER: RUBEN HURIN
Commissioner Brownrigg moved approval of the Consent Calendar based on the facts in the staff report,
Commissioner’s comments and the findings in the staff report with recommended conditions in the staff
report and by resolution. The motion was seconded by Commissioner Auran. Chair Deal called for a voice
vote on the motion and it passed 4-0-3 (Commissioners Osterling, Vistica and Cauchi absent). Appeal
procedures were advised.
VIII. REGULAR ACTION ITEMS
5. 1440 CHAPIN AVENUE, SUITE 101, ZONED C-1, SUBAREA B-1 – APPLICATION FOR CONDITIONAL
USE PERMIT FOR A FINANCIAL INSTITUTION (BOREL PRIVATE BANK AND TRUST, APPLICANT;
AND CORTINA INVESTMENTS, PROPERTY OWNER) (68 NOTICED) PROJECT PLANNER: LISA
WHITMAN
(Commissioner David Cauchi participated in the Public Hearing on this item by telephone conference call
from 12915 Fairway Drive, Truckee, California.)
Commissioner Auran recused himself due to a conflict of interest.
Reference staff report dated July 23, 2007, with attachments. Planner Strohmeier presented the report,
reviewed criteria and staff comments. Five (5) conditions were suggested for consideration.
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Chair Deal opened the public hearing at 7:38 p.m.
Emmy Allgood, 160 Bovet Road, San Mateo, California represented the applicant.
There were no Commission comments.
There were no public comments.
There were no further comments and the public hearing was closed at 7:40 p.m.
Commissioner Brownrigg moved to approve the application, by resolution, with the following conditions:
1. that the financial institution shall be limited to 4,841 SF rentable (4,303 SF usable) in Suite 101 at
1440 Chapin Avenue, as shown on the plans submitted to the Planning Department and date
stamped June 12, 2007.
2. that the financial institution may not be open for business except during the hours of 9:00 a.m. to 4:00
p.m., Monday through Friday; with a maximum of 20 persons on site at any one time which includes
fifteen (15) full-time employees and customers; and the maximum of persons on site shall not be
increased (from 20) without an amendment to this permit;
3. that the owner of the property shall file a report with the Community Development Director by March 1
of each year declaring how many managers, employees, and independent contractors have been
working at the site over the previous calendar year;
4. that any changes in operation, floor area, use, or number of employees, which exceeds the
maximums as stated in these conditions shall require an amendment to this Conditional Use Permit;
and
5. that the use and any improvements for the use shall meet all the requirements of the California
Building Code and California Fire Code, 2001 edition, as amended by the City of Burlingame.
Commissioner Brownrigg noted that this is a benign use. Chapin Avenue has become the de-facto
financial/real estate district in Burlingame.
The motion was seconded by Commissioner Cauchi.
Chair Deal called for a roll call vote on the motion to approve. The motion passed 4-0-2-1 (Commissioners
Osterling and Vistica absent, Commissioner Auran recused). Appeal procedures were advised. This item
concluded at 7:43 p.m.
6. 857 PALOMA AVENUE, ZONED R-1 – APPLICATION FOR SPECIAL PERMITS FOR GARAGE EXEMPT
FROM SETBACK REQUIREMENTS IN THE REAR 40% OF THE LOT AND GREATER THAN 28 FEET IN
LENGTH FOR A NEW DETACHED GARAGE (DAVID ARANA, APPLICANT AND PROPERTY OWNER;
AND MIKE PIZZOLON, DESIGNER) (73 NOTICED) PROJECT PLANNER: ERICA STROHMEIER
Reference staff report dated July 23, 2007, with attachments. Planner Strohmeier presented the report,
reviewed criteria and staff comments. Six (6) conditions were suggested for consideration.
Chair Deal opened the public hearing at 7:45 p.m.
Mike Pizzolon, 752 Sycamore Avenue, San Bruno, represented the applicant.
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Commission comments:
Consider bringing the garage forward from the rear property line a bit more, could have room for a
tree. Could provide a canopy to shield the neighboring fences.
Install a barge rafter on the front of the garage to improve the visual appearance where overhangs
have been eliminated. Check with Chief Building Official to determine if this is acceptable.
Public comments:
David Arana ( property owner), 857 Paloma Avenue, Burlingame, indicated that he had considered moving
the garage forward, but the elevation at the rear of the property slopes up by roughly ten feet. He didn’t
think that it would improve his view.
There were no further comments and the public hearing was closed at 7:51 p.m.
Commissioner Terrones moved to approve the application, by resolution, with the following amended
conditions:
1. that the project shall be built as shown on the plans submitted to the Planning Department and date
stamped July 9, 2007, site plan, garage plan and garage elevations, and date stamped May 16, 2007,
house floor plans, and shall not exceed an overall height of 12'-0" measured from adjacent grade to
the roof ridge, and a maximum plate height of 8'-6" measured from adjacent grade to top of plate; with
the exception that the applicant may move the garage forward on the lot by up to two feet in order to
provide additional area for landscaping within the rear yard, and a “barge rafter” shall be installed on
the front of the garage to offset the lack of an overhang on the side, if deemed acceptable by the
City’s Building Official.
2. that the conditions of the Chief Building Official's March 29, 2007 memo, the City Engineer’s Mar 30,
2007 memo and the NPDES Coordinator’s April 2, 2007 memo shall be met;
3. that the accessory structure shall only be used as a one-car garage and storage area; shall never be
used for accessory living or sleeping purposes or as a second dwelling unit; all storage areas in the
detached garage shall not include additional utility services and/or a toilet or be used as accessory
living space without an amendment to this special permit;
4. that the only plumbing in the accessory structure shall be for a utility sink and that any waste line
to the accessory structure shall be limited to a maximum 2 inches in diameter and the waste line
and number and type of fixtures, including a washer and dryer, shall not be increased in size
without an amendment to this permit;
5. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which
requires affected demolition, new construction and alteration projects to submit a Waste Reduction
plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior,
shall require a demolition permit; and
6. that the project shall meet all the requirements of the California Building and Uniform Fire Codes,
2001 Edition, as amended by the City of Burlingame.
The motion was seconded by Commissioner Auran.
Chair Deal called for a voice vote on the motion to approve. The motion passed 4-0-3 (Commissioners
Osterling, Vistica and Cauchi absent). Appeal procedures were advised. This item concluded at 7:53 p.m.
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7. 1401 BURLINGAME AVENUE, ZONED C-1, SUBAREA A – APPLICATION FOR COMMERCIAL DESIGN
REVIEW FOR EXTERIOR RENOVATIONS TO AN EXISTING BUILDING AND AMENDMENT TO
CONDITIONAL USE PERMIT FOR A FULL SERVICE FOOD ESTABLISHMENT (NIDAL NAZZAL,
APPLICANT; JOE CONWAY, PROPERTY OWNER; AND WILLIAM SCOTT ELLSWORTH, ARCHITECT)
(37 NOTICED) PROJECT PLANNER: RUBEN HURIN
Reference staff report dated July 23, 2007, with attachments. Community Development Director Meeker
presented the report, reviewed criteria and staff comments. Sixteen (16) conditions were suggested for
consideration.
It was noted that the applicant was not present at this point in the meeting. Chair Deal suggested, and the
rest of the Commission concurred, that the item would be deferred until later on the agenda to provide the
applicant more time to arrive at the meeting.
8. 1616 ROLLINS ROAD, ZONED RR – APPLICATION FOR CONDITIONAL USE PERMIT FOR PARKING
IN THE DRAINAGE RIGHT-OF-WAY (ENTERPRISE RENT-A-CAR, APPLICANT; AND N.E. TOUSSAINT
& ASSOCIATION, PROPERTY OWNER) (22 NOTICED) PROJECT PLANNER: ERICA STROHMEIER
Reference staff report dated July 23, 2007, with attachments. Planner Strohmeier presented the report,
reviewed criteria and staff comments. Fourteen (14) conditions were suggested for consideration.
Chair Deal opened the public hearing at 8:05 p.m.
Commission comments:
It was noted that a letter from the original Civil Engineer who designed the site allowed the current
applicant to use the existing plans. However, the area at entry to site is slightly different; the plans
show some sort of separation between the rental car area and where the ambulance are parked.
The K-Rail barriers with one-way ramps were noted as a mitigation to allow Red-Legged frogs to
access the wetland area on the property. It was noted that this mitigation from the prior permit has
proved successful in that the frog population has dramatically increased.
Derek Watts and Adam Rudd, Enterprise Rent-A-Car, 820 Malcolm Road, Burlingame, represented the
applicant. They agreed to provide a fence to separate the rental car parking from the ambulance parking, if
needed.
It was noted that a building permit and a Conditional Use Permit may be required for a fence at this
location.
There were no public comments.
There were no further comments and the public hearing was closed at 8:08 p.m.
Commissioner Auran moved to approve the application, by resolution, with the following conditions:
1. that the project shall be built as shown on the plans submitted to the Planning Department date
stamped May 11, 2007, site plan, parking plan, and drainage plan; that 180 parking spaces shall be
used for auto storage only for Enterprise rental fleet vehicles at the north end of the site without
amendment to this use permit;
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2. that the site shall be used for long term overflow parking for rental fleet vehicles for up to 180 vehicles
to be brought to and from the site by Enterprise employees only; that no customers shall ever visit the
1616 Rollins Road drainage right-of-way site;
3. that the conditions of the City Engineer’s July 11, 2007 and May 17, 2007 memos, and the NPDES
Coordinator’s May 14, 2007 memo shall be met;
4. that all runoff and future discharge from the site will be required to meet National Pollution Discharge
Elimination System (NPDES) standards;
5. that each storm water inlet on the site shall be equipped with a sand/oil separator; all sand/oil
separators shall be inspected and serviced on a regular basis, and immediately following periods of
heavy rainfall, to ascertain the conditions of the chambers; maintenance records shall be kept on-site;
6. that drainage from paved surfaces, including parking lots, driveways and roofs shall be routed to
storm water inlets equipped with sand/oil-separators and/or fossil filters, then the water shall be
discharged into the storm drain system; the property owners shall be responsible for inspecting and
cleaning sand/oil separators and changing fossil filters on a regular basis as well as immediately prior
to, and once during, the rainy season (October 15 – April 1);
7. that all vehicles to be stored on-site for long term overflow parking for rental fleet vehicles shall not be
moved during the peak traffic hours, and shall only be moved during off-peak traffic hours from
9:00a.m. to 4:00 p.m. on both the weekdays and weekends;
8. that a K-rail barrier shall be installed along the top of the drainage ditch. This barrier shall include 13
one-way ramps to allow the movement of frogs back into the drainage ditch, should they be trapped in
the parking area;
9. that if required for any improvements, the applicant shall amend the California Department of Fish
and Game and U.S. Army Corps of Engineers permits for any operational or physical changes made
for these uses in this drainage area, and if those permits are not issued and maintained these uses
shall cease;
10. that the property owner shall provide access easement rights to the City of Burlingame for
maintenance with the drainage easement. The City of Burlingame shall be held harmless for any
property damage which might occur as a result of flooding within the drainage easement adjacent
spur track right-of-way. The property owner shall repair, to City standards, the 21 inch drain line and
extend it to the drainage channel;
11. that the improvements over the drainage channel shall not compromise the surface drainage flow to
the drainage ditch at the rear of 1616 Rollins Road and shall not compromise the holding capacity of
the basin during flooding;
12. that no fencing shall obstruct existing flow of water into and through the easement from the adjacent
parcels and from Rollins Road;
13. that all the vehicles shall be relocated during any flood situations and shall be the responsibility and
liability of the property owner; and
14. that the project shall meet all the requirements of the California Building and Uniform Fire Codes,
2001 Edition, as amended by the City of Burlingame.
The motion was seconded by Commissioner Brownrigg.
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Chair Deal called for a voice vote on the motion to approve. The motion passed 4-0-3 (Commissioners
Osterling, Vistica and Cauchi absent). Appeal procedures were advised. This item concluded at 8:09 p.m.
IX. DESIGN REVIEW STUDY ITEMS
9. 1226 EL CAMINO REAL, ZONED R-3 – ENVIRONMENTAL SCOPING FOR AN APPLICATION FOR
ENVIRONMENTAL REVIEW, CONDOMINIUM PERMIT, AND PARKING VARIANCE FOR A NEW, FOUR-
STORY 9-UNIT RESIDENTIAL CONDOMINIUM PROJECT (1226 EL CAMINO LLC, APPLICANT AND
PROPERTY OWNER; AND KIRK MILLER AFFILIATES, ARCHITECT) (108 NOTICED) PROJECT
PLANNER: RUBEN HURIN
Chair Deal asked the applicant if he would like to postpone both the 1226 El Camnio Real and 1509 El
Camino Real projects because not all Commissioners were available for comments. Pat Fellowes,
applicant, stated that he would like to move forward with the Commission discussion of the projects and not
postpone them.
Chair Deal recused himself from this item since he lives within 500-feet of the site, and left the dais.
Secretary Terrones assumed responsibilities as acting Chair.
City Attorney Anderson indicated that, due to a lack of a quorum, a subcommittee of the remaining three (3)
members of the Planning Commission would provide comments relative to this item.
Community Development Director Meeker briefly presented the project description. There were no
questions of staff.
Acting Chair Terrones opened the public comment period at 8:15 p.m.
Patrick Fellowes and Sherry Chow, 1008 Laurel Street, San Carlos, represented the project. They
described the access to parking across easements. The same curb cuts as exist today will be retained.
Commission comments:
Simulated true divided lite windows will be required on the project; call this out on the plans.
The project is an ideal candidate for a roof garden. The open space on the site appears to be an
afterthought. A roof garden should be considered.
The entryway is anemic for the size of the building.
Cautioned about using more trees near El Camino Real due to site lines.
Concern about a reduction in number of dwelling units below what currently exists.
Prepare a streetscape simulation and possibly shadow analysis (shadow analysis only required if
deemed necessary by the Community Development Director).
A concern was raised regarding the massing of project; prepare a visual simulation.
The pedestrian level design is fairly lifeless; have severe concerns about massive four-story building.
Massing could affect environmental scoping. Perhaps scale back on some of the units to provide
different massing on the building. Rear elevation massing is broken up; the same should be done at
the front. Bring visual elements down in height.
The open space at the rear is merely a token. Include restrooms, water supply, gas line and other
amenities that will encourage use by residents rather than a fountain.
It may be beneficial to have other Commissioners present to comment on the design.
A direction/style needs to be chosen.
Public comments:
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Pat Giorni, 1445 Balboa Avenue, Burlingame, indicated that she lives one block from El Camino Real.
People don’t use the front facing balconies on apartment buildings facing El Camino Real. Encouraged
placing balconies further back on property so that they are more useable.
There were no other comments from the floor and the public comment period was closed at 8:32 p.m.
No action could be taken since the Planning Commission lacked a quorum.
Chair Deal returned to the dais.
10. 1509 EL CAMINO REAL, ZONED R-2 AND R-3 – ENVIRONMENTAL SCOPING FOR AN APPLICATION
FOR ENVIRONMENTAL REVIEW, GENERAL PLAN AMENDMENT, REZONING OF A PORTION OF THE
SITE FROM R-2 TO R-3, CONDOMINIUM PERMIT, VARIANCE FOR TWO BUILDINGS ON ONE LOT
AND FRONT SETBACK VARIANCE FOR A NEW, THREE-STORY 10-UNIT RESIDENTIAL
CONDOMINIUM PROJECT (1509 EL CAMINO LLC, APPLICANT AND PROPERTY OWNER; AND KIRK
MILLER AFFILIATES, ARCHITECT) (48 NOTICED) PROJECT PLANER: RUBEN HURIN
Planner Strohmeier briefly presented the project description. There were no questions of staff.
Chair Deal opened the public comment period at 8:34 p.m.
Patrick Fellowes, 1008 Laurel Street, San Carlos, represented the applicant. He indicated he is willing to
provide rooftop open space and make changes to rear-yard to make it more useable, based upon
Commission comments in the prior case. He noted that Fish and Game didn’t want the trees in the creek to
be touched. Preservation of the trees on the front of the site would require removal of units.
Commission comments:
Concern that the landscape plan doesn’t address the creek. The creek is an amenity that should be
enhanced.
Concerned regarding removal of fir trees on lot. The City of Burlingame values trees. The existing
trees should remain.
Perhaps increase the height of the building at certain locations to compensate for the loss of units to
preserve trees.
Landscape plan to show all of the trees in the creek and how the creek will enhance the living
situation of the people.
Consult with the City Arborist regarding landscaping.
Tree maintenance should be addressed as part of the project.
Like the way the building has been designed to preserve individuality of units.
Public comments:
Ann and Paul Wallach 1524 Balboa Way, Burlingame; Nina Weil, 1520 Balboa Avenue, Burlingame; John
Gottsche (owner of 1524-26 Albermarle Way), 1457 El Arroyo Road, Hillsborough; and Pat Giorni, 1445
Balboa Avenue, Burlingame; provided testimony, commenting as follows: the Wallachs and Ms. Weil
wanted to be certain the Commission considered the comments contained in their letters of July 16, 2007
and July 17, 2007, respectively; expressed concern regarding the proposed rezoning; opposed to more
density along El Camino Real towards Ray Drive; concern regarding loss of privacy; protect sewer line
within sewer easement during construction; have arborist review construction impacts on trees; Balboa
Avenue is too narrow, impacted with traffic and parking; provide more trees to screen the property; lighting
impacts from new project; concern about the project being overbuilt for the lot; lower the height of the
building; protect creek and trees during construction, and control dust; the area has a high water table,
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sump pumps will be pumping continuously from parking area; should provide one parking space per
bedroom.
Mr. Fellowes clarified that the rezoning is simply to make zoning consistent with remainder of property
(doesn’t even have frontage); it is an anomaly that needs to be cleared up. Parking is not being changed
much from what currently exists. City’s “Best Management Practices” (BMPs) for construction projects will
address demolition and construction concerns.
There were no other comments from the floor and the public comment period was closed at 9:16 p.m.
Additional Commission comments:
The project is not workable, even though some elements are elegant.
Concern about driveway ingress and egress, given that driveway submerges; there could be potential
conflicts between vehicles entering and exiting the garage at the same time. The driveway is too
narrow.
If the project moves forward, rear two units need to be reduced to two-stories; the design should
respect transitions to adjacent neighborhoods. Additional work needs to be done on the massing.
The project presents a rather pedestrian approach to Spanish architecture; the design will look “tatty”
eventually; Spanish Architecture does not lend itself to a 3-story building.
Retain some portion of the existing trees on the site; tree preservation is a community value.
The site can be identified by the existing trees; the new project should retain the same atmosphere on
the site that currently exists.
The interior street is a step in the right direction; additional work needs to be done with massing.
A visual simulation is required.
A shade and shadow analysis is not necessarily needed.
Poor choice of building materials.
Applicant needs to address neighbor concerns (particular the Wallach’s) and Chief Building Official’s
comments.
Require a condition protecting the neighboring property’s sewer line.
Maximizing the developer’s profit is not a reason for the Commission to approve a project.
This item concluded at 9:25 p.m.
VIII. REGULAR ACTION ITEMS (Continued)
7. 1401 BURLINGAME AVENUE, ZONED C-1, SUBAREA A – APPLICATION FOR COMMERCIAL DESIGN
REVIEW FOR EXTERIOR RENOVATIONS TO AN EXISTING BUILDING AND AMENDMENT TO
CONDITIONAL USE PERMIT FOR A FULL SERVICE FOOD ESTABLISHMENT (NIDAL NAZZAL,
APPLICANT; JOE CONWAY, PROPERTY OWNER; AND WILLIAM SCOTT ELLSWORTH, ARCHITECT)
(37 NOTICED) PROJECT PLANNER: RUBEN HURIN
At this time, the Commission returned to Regular Action Item 7.
Community Development Director Meeker had presented the report, reviewed criteria and staff comments,
including the sixteen (16) conditions suggested for consideration, earlier in the meeting.
Chair Deal opened the public hearing at 9:26 p.m.
Scott Ellsworth, 867 Valencia Street, San Francisco, represented the applicant.
Commission comments:
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The applicant may wish to omit removal of the existing sign on the property from the current plans, in
order to retain flexibility in signage for the property.
New windows are to be simulated true divided lite.
The mural on the east elevation adds interest, why not continue the upper band of ornamentation on
the building if the mural is removed, or create the illusion of continuation of this ornamentation
through a “tromp l’oeil” painting.
There were no further public comments and the public hearing was closed at 9:37 p.m.
Commissioner Terrones moved to approve the application, by resolution, with the following amended
conditions:
1. that the project shall be built as shown on the plans submitted to the Planning Department date
stamped June 18, 2007, sheets A.1 through A.3 and date stamped July 11, 2007, sheets A.4 and A.5;
any changes to the exterior materials shall require review by the Planning Commission, with the
exception that the plans shall be revised to omit removal of the existing sign from the property, and a
“tromp l’oeil” paint treatment mimicking the ornamentation at the top of the building façade on the east
side of the building, shall be applied in the area where the existing mural presently exists.
2. that the conditions of the Chief Building Official's June 14, 2007 memo, the Fire Marshal's June 15,
2007 memo, the City Engineer's May 24, 2007 memo, and the NPDES Coordinator's May 21, 2007
memo shall be met;
3. that this business location presently occupied by a full service food establishment, with 433 SF of on-
site seating may change its food establishment classification only to a limited food service or bar upon
approval of a Conditional Use Permit for the establishment change; the criteria for the new
classification shall be met in order for a change to be approved;
4. that the 433 SF area of on-site seating of the full service food establishment shall be enlarged or
extended to any other areas within the tenant space only by an amendment to this Conditional Use
Permit;
5. that this food establishment shall provide trash receptacles as approved by the city consistent with
the streetscape improvements and maintain all trash receptacles at the entrances to the building and
at any additional locations approved by the City Engineer and Fire Department;
6. that the applicant shall provide daily litter control along all frontages of the business and within fifty
(50) feet of all frontages of the business;
7. that an amendment to this Conditional Use Permit shall be required for delivery of prepared food from
this premise;
8. that there shall be no food sales allowed at this location from a window or from any opening within 10'
of the property line;
9. that if this site is changed from any food establishment use to any retail or other use, a food
establishment shall not be replaced on this site and this Conditional Use Permit shall become void;
10. that this full service food establishment may be open seven days a week, on Sunday through
Thursday from 11:00 a.m. to 10:00 p.m., and on Fridays and Saturdays from 11:00 a.m. to 11:00
p.m., with a maximum of four employees on site at any one time;
11. that demolition or removal of the existing structures and any grading or earth moving on the site shall
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not occur until a building permit has been issued and such site work shall be required to comply with
all the regulations of the Bay Area Air Quality Management District;
12. that any changes to the size or envelope of building, which would include changing or adding exterior
walls or parapet walls, moving or changing windows and architectural features or changing the roof
height or pitch, shall be subject to design review;
13. that prior to scheduling the framing inspection, the project architect, engineer or other licensed
professional shall provide architectural certification that the architectural details such as window
locations and bays are built as shown on the approved plans; if there is no licensed professional
involved in the project, the property owner or contractor shall provide the certification under penalty of
perjury. Certifications shall be submitted to the Building Department;
14. that prior to final inspection, Planning Department staff will inspect and note compliance of the
architectural details (trim materials, window type, etc.) to verify that the project has been built
according to the approved Planning and Building plans;
15. that the project shall meet all the requirements of the California Building and Uniform Fire Codes,
2001 Edition, as amended by the City of Burlingame; and
16. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which
requires affected demolition, new construction and alteration projects to submit a Waste Reduction
plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior,
shall require a demolition permit.
The motion was seconded by Commissioner Brownrigg.
Chair Deal called for a voice vote on the motion to approve. The motion passed 4-0-3 (Commissioners
Osterling, Vistica and Cauchi absent). Appeal procedures were advised. This item concluded at 9:37 p.m.
X. COMMISSIONERS’ REPORTS
Chair Deal deferred the discussion of Commission Subcommittee assignments until the next regular
meeting.
Commissioner Terrones expressed concern regarding condition of landscaping at “Pisces” (the Broadway
train depot building on California Drive).
XI. DIRECTOR’S REPORT
Commission Communications – City Attorney – Planning Commissioners are to be provided with
individual e-mail addresses. County working on a consistent approach. Will work with CC regarding
mass communications. Communication with other commissioners through CD Director.
City Council actions from regular meeting of July 16, 2007:
- Community Development Director Meeker reported that the City Council scheduled the appeal
hearing for 2212 Hillside Avenue for the regular City Council Meeting of August 20, 2007.
- He also noted that the public outreach plan for the Downtown Specific Plan project was presented
to the City Council at its July 16, 2007 meeting. This marked the “kick-off” for the Specific Plan
project.
FYI: 110 Clarendon Road: changes to a previously approved Design Review project: Commissioners
had no comments.
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FYI: 1351 Howard Avenue: update to a previously approved Commercial Design Review project:
Commissioners had no comments.
FYI: Peninsula Hospital Complaint Log: June 18 to July 9, 2007: Commissioner Terrones indicated that
the log appears to show that there is movement regarding the “tree issue” that has been recurring.
XII. ADJOURNMENT
Chair Deal adjourned the meeting at 9:49 p.m.
Respectfully submitted,
Richard Terrones, Secretary