HomeMy WebLinkAboutMin - PC - 1998.01.26MINUTES
CITY OF BURLINGAME PLANNING COMMISSION
January 26, 1998
7:00 P.M.
CALL TO ORDER
A regular meeting of the Planning Commission, City of Burlingame was called to order by Chairman
Key on January 26, 1998 at 7:02 p.m.
ROLL CALL
Present: Commissioners Coffey, Deal, Galligan, Luzuriaga, Mink and Key
Absent: Commissioners Wellford
Staff Present: City Planner, Margaret Monroe; City Attorney, Larry Anderson; City
Engineer, Frank Erbacher; Assistant Fire Marshal, Keith Marshall
MINUTES - Page 4, line 16, 1236 Cabrillo Avenue, "The applicant addressed how this
structure could be adjusted, staff would note it would probably need to be
removed to meet a two covered parking space requirement;. " Commissioner
Deal moved approval of the minutes of the January 12, 1998 Planning
Commission; C. Mink seconded. Motion passed 6-0-1 (C. Wellford absent).
AGENDA - The order of the agenda was approved.
FROM THE FLOOR There were no comments from the floor.
STUDY ITEMS
APPLICATION FOR A RESIDENTIAL CONDOMINIUM PERMIT FOR A FOUR (4) UNIT
CONDOMINIUM PROJECT AT 1424-26 EL CAMINO REAL, ZONED R-3, (G'LUSH DESIGN
ASSOCIATES, APPLICANT AND MEHDI AND DEBRA SHAHMIRZA, PROPERTY OWNERS).
Staff reviewed the project and the Commissioners made the following requests: clarify how the access
to the storage areas works, appears doors open into flower beds; it appears in Unit A the powder room
is on the first level at the entry landing, is this what is intended, what impact would this have on
parking and storage; are there other areas in the units where storage can be added; explain the
usefulness of balconies to provide private open space off the master bathroom; delineate the area of
the common open space at the rear, shade in; City Engineer asks water drain to El Camino but looks
as if drainage is being taken by a easement to Capuchin, explain; driveway is 20 feet wide at the
sidewalk but narrows to 12 feet, could width at sidewalk be reduced and more landscaping be added;
one guest parking space is not enough on El Camino, how will deliveries be made, is there sufficient
turning space for UPS. The item was set for public hearing on February 9, 1998, providing all the
questions can be responded to by then.
City of Burlingame Planning Commission Mimaes January 26, 1998
APPLICATION FOR A TENTATIVE CONDOMINIUM MAP FOR A FOUR (4) UNIT
CONDOMINIUM PROJECT 1424-26 EL CAMINO REAL, ZONED R-3, (G'LUSH DESIGN
ASSOCIATES, APPLICANT AND MEHDI AND DEBRA SHAHMIRZA, PROPERTY OWNERS).
There were no questions on the tentative map. The item was set for public hearing on February 9,
1998.
ACTION ITEMS
APPLICATION FOR A SIDE SETBACK VARIANCE AT 1701 QUESADA WAY, ZONED R-1,
(JEFF AND SUSAN KOCKOS, APPLICANT AND PROPERTY OWNERS).
Reference staff report, 01.26.98, with attachments. CP Monroe and Commission discussed the
request, reviewed criteria, Planning Department comments, and study meeting questions. Five
conditions were recommended for consideration. There were no questions of staff.
Chair Key opened the public hearing. Jeff Kockos, 1701 Quesada, spoke. Commissioners asked with
this review when the sun screen attached to the fence would be required to be removed; CA responded
20 days after the end of the appeal period or Council action if the item is appealed. Applicant noted
that he bought the house about 11 years ago, did not know the structure in. the side yard was illegal,
he enters the house from the side yard and it is nice to have the cover in bad weather; was there no
disclosure of the problems with the purchase of the property, do not know wife did the negotiations
on the purchase; were these things illegal then, yes. There were no further comments and the public
hearing was closed.
Commissioner comments: prior owner in 1981 asked for the same thing that current owner is asking
for; disclosure requirements for sale of residential property were not required 11 years ago; pass by
this house daily, for a small residential street this is a busy intersection because of Burlingame
Intermediate School; this is not a standard lot, 4670 SF, they are not applying for a second story, but
are going to keep the character of the house, addition would not affect view from the street or sight
lines; its OK to compromise to allow some increase in lot coverage in exchange for no increase in
height. C. Galligan for these reasons moved approval of the side setback variance request for
enclosure of an existing covered patio, by resolution, with the conditions in the staff report. The
motion was seconded by C. Coffey.
On the motion Commissioners noted: concerned about the condition referring to the plans since there
is a lot of incorrect information on the plans regarding the main structure, staff noted this was one of
the reasons for the requirement for a survey of property line; back to 1981, there was excessive lot
coverage then, the proposed structure impinged on the adjacent neighbor, it placed potentially
flammable material too close to the neighbor, is a potential hazard in a fire or earthquake, do not want
to create that hazard for neighbor who expects city code to protect him; violates planning ideals in
Burlingame, should have removed the illegal covering between eave and fence years ago, its still there;
would like an amendment to the motion to include a requirement that the exterior wall of the new
addition would be one hour fire rated and have no openings.
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City of Burlingame Planning Commission Minutes January 26, 1998
C. Galligan maker of the motion agreed to amending the motion with a condition that the new
construction for the addition have one hour fire rated wails and no openings. C. Coffey, the seconder,
agreed.
Chair Key called for the vote on the motion to approve the request for a 3'-2" side set back variance
by resolution with the following conditions: 1) that the project shall be built as shown on the plan
submitted to the Planing Department date stamped December 5, 1997 (sheets 1-9) with the wall of the
proposed addition no closer than 3'-2" to the property line, and that all exterior walls of the addition
shall be built of one -hour fire -rated construction with no openings; 2) that, if required by the Building
Department based on the construction plans submitted, the applicant shall complete a property line
survey by a licensed surveyor; 3) that there shall be one unobstructed parking space in the garage
which measures 10'-0"W x 20'-0"L; 4) that the sunscreen presently attached to the eave and property
line fence shall be removed within 20 days; and 5) that the project shall meet all the requirements of
the California Building and Fire Codes, 1995 edition, as amended by the City of Burlingame.
The motion passed 5-1-1 (C. Mink dissenting, C. Wellford absent) on a roll call vote. Appeal
procedures were advised.
APPLICATION FOR NEGATIVE DECLARATION, TWO VARIANCES FOR FRONT SETBACK
AND FOR DWELLING UNITS IN FOUR BUILDINGS ON ONE LOT AND A CONDOMINIUM
PERMIT FOR A NINE (9) UNIT RESIDENTIAL CONDOMINIUM AT 808-812-820 EL CAMINO
REAL, ZONED R-3 (ALEX MORTAZAVI, HABITAT ARCHITECTURE, APPLICANT AND
ALEX & NATASHA NOVOSYOLOV AND MICHAEL AYLWARD & DEBRA MCCULLOUGH,
PROPERTY OWNERS).
Reference staff report, 01.26.98, with attachments. CP Monroe and Commission discussed the
request, reviewed criteria, Planning Department comments, and study meeting questions. Twenty-two
conditions were recommended for consideration. Commissioners asked if all cars were to exit on to
El Camino Real could they be required to put in a right turn only sign, staff commented yes but the
city does not enforce such signs on private property; is the maple tree included in the tree protection
reports, yes; who will enforce protecting the church parking lot from abuse by the residents of the
condominium, CA noted that the church is entitled to post the property and to tow cars.
Chair Key opened the pubic hearing which includes the negative declaration, condominium permit with
the zoning exceptions and the tentative map. Alex Mortizavi, architect, 851 Burlway Road,
represented the project. He agreed that they should put a right turn only sign at the El Camino exit
and that this would be covered in the CC and R's, they would also like to put an arrow on the
driveway indicating a right turn only.
On the project Lynnette Waterson, 819 Fairfield, spoke, she lives behind the redwood tree; she
reviewed briefly the history of the previous development on the site which was a single, bigger (more
units) building with more traffic and noise impact which was approved but not built. Feels that this
project is a tremendous improvement and endorses it. The project reduces the number of structures,
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City of Burlingame Planning Commission Minutes January 26 1998
divides the units into a number of units which has much less impact on her property and preserves the
redwood tree; she noted that the sparse number of people at the meeting indicates that there is no
opposition to this project; she asked that the commission insure that the plans be executed exactly as
they are shown with divided windows and other building features as depicted on the plans; she
complemented the architect on his good work with the neighborhood. Ellen Freed -Wickman, 815
Fairfield, spoke she asked for the addition of a condition that the maple tree on her property be
protected; she noted that the property line fence was adjusted around the tree which would protect the
roots; could this be made a condition of approval; she also expressed concern about the noise impact
of a gate between the Baptist Church parking lot and the project, feared that its regular use would
generate a lot of noise for her immediately adjacent property. She submitted two letters from other
neighbors in support of the project.
Alex Mortizavi, architect, spoke about the gate, noting that they would prefer to have a gate because
they were afraid that church members parking in the adjacent lot would figure out that it was a short
cut to exit through the project to El Camino, especially since the parking spaces in the lot are angled
toward 808 El Camino and it is difficult now to turn around and exit onto Palm. They felt that they
would leave the issue of a gate up to the commission and are willing to go either way. Commissioner
noted that these units have three bedrooms and some owners will have three cars, where will they park
the third car, the CC and R's are going to need to include that there be no parking in the church lot;
it was noted that if the church allowed resident parking it was between the church and homeowners.
If there are guest parking spaces behind a gate, how will they be accessed; could a gate be used on
Sunday only; who will open and close the gate on Sunday; if you have a gate at all, you will need a
call box so people in the units can open the gate for guests; could have a gate with an arm that raises,
that is quieter than the kind that rolls in a rail; gate could work on a timer like a furnace, so that it
is closed only on Sunday, then no resident would have to operate it. There were no further comments
and the public hearing was closed.
C. Deal noted that this project was a pleasure to look at and the architect and owner should be
complemented for their ultimate design decision. He then moved approval of the negative declaration
with the mitigations as shown in the staff report finding that the disclosure studies and project
evaluation in the staff report and comments at the public hearing demonstrate that with the suggested
mitigations including protection of the maple tree by relocating the fence, there are no significant
effects on the environment from this proposed project. The motion was seconded by C. Mink.
On the motion it was noted that this applicant had worked hard to devise a solution which was neat,
sensitive to the neighborhood and appropriate on El Camino Real. Chair Key called for the vote. The
motion to approve the Negative Declaration with mitigations was approved by voice vote 6-0-1 (C.
Wellford absent).
C. Deal moved approval of the project by resolution noting that there were two variances required for
the project: on the front setback he noted that for this project three properties were combined which
had greater than required setbacks from El Camino because they were developed as single family
homes, to resolve an access problem the developer had to place a driveway through the middle of the
property which forced the buildings forward however the facade of the front structure angles away
from El Camino so visually the setback will look greater; on the multiple structures in the R-3 zone
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City of Burlingame Planning Commission Minutes January 26, 1998
the proposed layout greatly benefits the transition between the multiple family and adjacent single
family uses and zoning by creating a compatible interface which serves the neighbors to the rear much
better than a single structure; his motion included the conditions in the staff report with four additional
conditions: that a right turn only sign be placed at the El Camino Real exit; that the architectural
elements shown on the submitted plans and drawings be incorporated into the drawings for building
permit and into the actual construction; that the maple tree be protected as recommended in the two
tree studies and by the Senior Landscape Inspector; and that an access gate using a rising arm, on a
timer, be installed along with an intercom to each unit so each owner could operate the gate when it
is closed on Sunday during church services and, if the residents wish, at night from 10:00 p.m. to 6:00
a.m. for on -site security. The motion was seconded by C. Mink.
On the motion: this project is a good example of the use of open space and streetscape as conceived
in the general plan which the city closely adheres to, it is visually a nice development; complimented
the property owners/developer on their support for this solution; some times try to maximize the
number of units, in this case responded to the neighbors; concerned about gate being down all the
time, no way to make deliveries if not home; could a condition be added to provide for an unlocked
pedestrian access, this amendment was accepted by the maker of the motion and the seconder; this is
the first good example to deal with the transition between multiple family and single family zones that
the commission has seen.
Chair Key called for a voice vote on the motion to approve the negative declaration with mitigations,
the condominium permit and two variances (front setback and more than one building on a site); with
the following conditions: 1) that the project shall be built as shown on the plans submitted to the
Planning Department date stamped December 4, 1997, sheets A-1, A-5 through A-11, and date
stamped January 16, 1998, sheets A-2 through A-4, and Landscape Plan, and Vesting Tentative
Subdivision Map for Condominium Purposes, Sheets 1 and 2, date stamped December 4, 1997; 2) that
the maximum elevation at the top of the roof ridge shall not exceed elevation 71.6' as measured from
the average elevation at the top of the curb along El Camino Real (36.60') for a maximum height of
35'-0", and that the top of each floor and final roof ridge shall be surveyed and approved by the City
Engineer as the framing proceeds and prior to final framing and roofing inspections. Should any
framing exceed the stated elevation at any point it shall be removed or adjusted so that the final height
of the structure with roof shall not exceed the maximum height shown on the approved plans; 3) that
the conditions of the City Engineer's December 15, 1997 memo, the Chief Building Official's October
20, 1997 memo, the Fire Marshal's September 22, October 20, and December 15, 1997 memos, and
the Senior Landscape Inspector's October 29 and December 10, 1997 memos shall be met; 4) that
`guest parking stall' shall be marked on the five uncovered parking stalls and designated on the final
map and plans, shall not be assigned to any unit, but shall be owned and maintained by the
condominium association, and the guest stalls shall be always accessible for parking and not be
separately enclosed or used for resident storage; 5) that the on grade uncovered parking spaces shall
be designed to city standards and shall be managed and maintained by the condominium association
to provide parking at no additional fee, solely for the condominium owners, and no portion of any
parking area and the egress aisles shall be converted to any other use or any support activity such as
storage or utilities; 6) that the Covenants Conditions and Restrictions (CC&Rs) for the condominium
project shall require that the 5 guest parking stalls shall be reserved for guests only and shall not be
used by condominium residents; 7) that the final inspection shall be completed and a certificate of
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occupancy issued before the close of escrow on the sale of each unit; 8) that the developer shall
provide to the initial purchaser of each unit and to the board of directors of the condominium
association, an owner purchaser manual which shall contain the name and address of all contractors
who performed work on the project, copies of all warranties or guarantees of appliances and fixtures
and the estimated life expectancy of all depreciable component parts of the property, including but not
limited to the roof, painting, common area carpets, drapes and furniture; 9) that the trash receptacles,
furnaces, and water heaters shall be shown in a legal compartment outside the required parking and
landscaping and in conformance with zoning and California Building and Fire Code requirements
before a building permit is issued; 10) that the project shall meet the requirements of the Municipal
Code Chapter 15.14 Storm Water Management and Discharge Control including the Storm Water
Pollution Prevention guidelines; 11) that in the case of emergency the City shall have the right to
remove cars from the ingress easement area on the church property for fire access and the driveway
shall be marked as a fire lane; no cars shall park in the ingress driveway; 12) that the CC&R's shall
specify that residents and guests of the condominium project shall not park in the church parking lot;
13) that if a gate system is installed at the property line between the condominiums and the church or
at the egress onto El Camino Real, there shall be an intercom system from the gate connected to each
dwelling which allows residents to provide guests access to their site by pushing a button inside their
units; 14) that a right turn only sign shall be placed on the property at the El Camino Real exit
driveway to be maintained and enforced by the condominium association through the CC and R's; 15)
that all the architectural elements and construction materials shown on the plans and drawings
submitted to the Planning Commission shall be incorporated into the plans submitted for a building
permit and included in the construction of the project; 16) that the maple tree adjacent to the rear
property line shall be protected as shown by the placement of the property line fence as shown on the
landscape plan and by the procedures outlined in the S.P. McClenahan Co. letter dated June 10, 1992
and Mayne Tree Expert Company report dated December 16, 1997 and any changes to these
recommendations shall be made by an ISA certified Arborist and shall be submitted to and approved
by the City's Senior Landscape Inspector before they are implemented; 17) that an electronic security
gate of the type with a rising arm shall be placed at the entrance to the project at the end of the church
parking lot, this gate shall be designed to be operated by an automatic timer which will close the gate
on Sunday morning before, during and immediately after church services and, if the project residents
wish for security, daily from 10:00 p.m. to 6:00 a.m. the gate and timer shall be maintained by the
homeowners association as set out in the CC and R's for the condominium association; 18) that an
unlocked person gate shall be provided on the south side of the site to provide pedestrian access to the
site when the automobile security gate is closed; 19) that the project is subject to the state -mandated
water conservation program, and a complete Irrigation Water Management Plan shall be submitted with
complete landscape and irrigation plans at time of building permit application; 20) that this proposal
shall meet all requirements of the Tree Protection and Reforestation Ordinance passed by the City of
Burlingame in 1992 and amended in 1993; 21) that all construction work in the vicinity of the
approximately 68" diameter coast redwood tree shall comply with the requirements of the Tree
Protection Ordinance Section 11.06.050, the recommendations of the S.P. McClenahan Co. dated June
10, 1992 and the report from the Mayne Tree Expert Company dated December 16, 1997; and that
all required fencing around the redwood and maple trees shall be approved by the City before the start
of construction; 22) that all recommendations concerning irrigation, fertilization, pruning, and
inspection of the coast redwood tree as outlined in the S.P. McClenahan Co. letter dated June 10, 1992
shall be followed; than any changes to these recommendations shall be made by an ISA Certified
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City of Burlingame P!<uw g Commission Minutes January 26, 1998
Arborist and shall be submitted to and approved by the City before they are implemented; and that all
work and inspections relating to this tree shall be under the immediate direction and supervision of an
ISA Certified Arborist; 23) that piers and grade beams shall be used for construction of the foundation
within the dripline of the tree, and the piers shall be on 4 - 6 feet centers and cross beams shall be at
or near grade level; 24) that this project shall meet all the requirements of the California Building and
Fire Codes, 1995 edition, as amended by the City of Burlingame; 25) that all construction shall abide
by the construction hours established by the municipal code; 26) that all new utility connections to
serve the site and which are affected by the development shall be installed to meet current code
standards and diameter; sewer laterals shall be checked and replaced if necessary, and abandoned
utilities and hookups shall be removed; and 27) that should any cultural resources be discovered during
construction, work shall be halted until the findings can be fully investigated and proper protection
measures, as determined by qualified professionals acceptable to the City, can be implemented.
APPLICATION FOR A TENTATIVE CONDOMINIUM MAP FOR A NINE (9) UNIT
RESIDENTIAL CONDOMINIUM AT 808-812-820 EL CAMINO REAL, ZONED R-3 (ALEX
MORTAZAVI, HABITAT ARCHITECTURE, APPLICANT AND ALEX & NATASHA
NOVOSYOLOV AND MICHAEL AYLWARD & DEBRA MCCULLOUGH, PROPERTY
OWNERS).
Reference staff report, 01.26.98, with attachments. CE Erbacher and Commission discussed the
request, reviewed criteria, Public Works comments, and study meeting questions. One condition was
suggested. There were no questions from the commissioners.
C. Deal moved to recommend approval of the tentative map to the City Council. The motion was
seconded by C. Galligan. Chair Key called for a voice vote on the motion to approve which was
passed on a 6-0-1 vote (C. Wellford absent). It was noted that this item would be forwarded to the
City Council.
APPLICATION FOR AN AMENDMENT TO A SPECIAL PERMIT TO SELL BEER FOR OFF -
SITE CONSUMPTION, ALLOW TAKE-OUT FOOD SERVICES AND REVISE THE HOURS OF
OPERATION AND DELIVERY SCHEDULE AT 333 CALIFORNIA DRIVE, ZONED C-1,
SUBAREA B, (GOLDEN STATE BREWING CO., DBA STEELHEAD BREWING CO.,
APPLICANT AND DONALD SABATINI, PROPERTY OWNER).
Reference staff report, 01.26.98, with attachments. CP Monroe and Commission discussed the
request, reviewed criteria, Planning Department comments, and study meeting questions. Eight
conditions were recommended for consideration. Commission asked if any of the 10 nearby
restaurants and bars shown on the table in the staff report had take-out food service, staff responded
two; can there be a last call before 1:20 a.m., yes depends upon when bar closes; is this request for
take-out service food and drink, yes; can customers wanting to take-out beer do so at any time in this
request, yes except after last call.
Chair Key opened the public hearing. Domingo Garcia, General Manager of the Steelhead Brewing
Co., spoke noting a farmer picks up the spent grain to use as fodder for his cows; take-out food and
drink service is less than I % of the business' gross sales, they would not even consider a delivery
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City of D-Ungame Planning Commission Minutes January 26, 1998
service; most people who take-out food are local employees who want to pick up food and take it back
to their work place to eat; it is their policy that there is no keg pick up after 6 p.m. because they
cannot off-load during the dinner hour; customers will make arrangements to pickup ahead of time so
it can happen quickly; could keg pickup be limited to 11 a.m. to 7 p.m., yes; they sell a maximum
3 to 4 kegs a week, stopped doing it when they realized they were not permitted to do it under their
use permit; most of their off -site sales are to customers in the restaurant; last call is to notify
customers it is time to order one last drink before the bar closes, when close at 1 a.m. last call is
usually at 12:15 a.m. There were no further comments from the floor and the public hearing was
closed.
Commissioner comments: the last call at 1:20 a.m. is just for Friday and Saturday the bar closes at
1:00 a.m. on other nights; have a problem with keg pick up on the Lorton side, city granted 39 space
parking variance to this business, they provide 6 parking space on the Lorton side which are always
full, don't see how there will be space available for people to pick up kegs unless they reduce patron
parking; only selling 3 to 4 kegs a week why need to do at all; other micro -breweries sell kegs through
a local liquor store, why not use that outlet; sale of beer from site will cause an impact on traffic on
Lorton, opposed to any take-out of liquor; not have a problem with the sale of the smaller half and
gallon containers because customers can carry them out themselves to their off -site parking spaces;
there is no parking on this site at 11:30 a.m.; people play pool at this establishment all day so the
parking is needed for the patrons; need to look at the effect of take-out food on the traffic in the area,
want to serve the local person but if it is convenient people will double park to do it, not park two
blocks away; will need to provide short term parking and it will impact other businesses in the area;
no problem with selling food since it will be principally to local employees and the amount sold is low;
pick up is a problem and the Lorton side is the only solution, going to have to reduce time for pick
ups; agree take-out food incidental as with other high end restaurants in the area; if cannot park will
park in back up aisle on Lorton side and leave quickly; no kegs should be sold between 11:30 a.m.
to 2:00 p.m. and 5:30 p.m. to 9:00 p.m., other times traffic and business demand in area is low; if
can sell kegs and increase advertising, then volume of keg sales will increase; if use Lorton parking
area back up aisle for pick up then have to back onto Lorton, this would create a traffic hazard;
picking up a keg is not a 5 minute process, lots of paper work generally takes closer to 30 minutes;
real issue is the increased traffic density caused by the take-out activity.
C. Galligan moved to approve the amendment to the special permit subject to the findings in support
in the discussion and staff report and the conditions in the staff report with two additional conditions:
that the sale of kegs of beer shall not be allowed from the site, but smaller half gallon and gallon
containers may be sold; and that this use permit as amended shall be reviewed in one year for
compliance with the conditions of approval and review of their impacts and effects, particularly on
parking, given the variance previously granted to the site, appropriate changes to the conditions of
operation may be made at that time. The motion was seconded by C. Deal.
Commission asked for a summary of what was included in the motion. C. Galligan noted that the
motion included approval of the amended hours of operation, the take-out food service permit; the
take-out permit for the sale of alcoholic beverages in smaller one-half and one gallon containers, no
sale of beer in kegs; review and possible modification in one year; the change in the delivery schedule
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City of Burlingame Planning Commission Minutes January 26, 1998
and last call at 1:20 a.m. on Friday and Saturday only. C. Deal the seconder agreed that that was an
accurate summary of the motion.
Comment on the motion: can permits be reviewed and changed in one year, yes. Chair Key called
for a roll call vote on the motion to approve with the conditions in the staff report amended, the
motion failed on a 3-3-1 (Cers. Coffey, Deal and Mink voting dissenting, C. Wellford absent) vote.
The CA noted that this vote represented a denial of all of the requests made by the applicant in the
permit amendment.
C. Coffey moved approval by resolution of the revised hours of operations and delivery schedules with
appropriate amendments to the conditions of approval. The motion was seconded by C. Mink.
Comment on the motion: if vote yes then no take-out food or beverage service would be allowed,
correct; would leave choices open to applicant on appeal.
Chair Key called for a roll call vote on the motion; commission voted 6-0-1 (C. Wellford absent) to
approve.
C. Galligan moved by resolution approval of take-out food service with the condition that there be a
one year review of the entire use permit. Motion was seconded by C. Deal. Chair Key called for a
roll call vote, the motion passed 4-2-1 (Cers Coffey and Mink dissented, C. Wellford absent). The
motions passed by resolution included the following conditions: 1) that the project shall be built as
shown on the plans submitted to the Planning Commission and date stamped November 26, 1997, (site
plan and floor plan, dining room floor plan, mezzanine plan); 2) that the micro brewery restaurant
with billiards shall not be open for business except between the hours of 11:00 a.m. to 1:00 a.m.
Sunday through Thursday, and 11:00 a.m. to 2:00 a.m. on Friday and Saturday, with last call for
alcoholic beverages at 1:20 a.m. and with a maximum of 20 employees on site at one time; 3) that no
alcohol shall be sold from the site for off -site consumption in kegs or any other container; 4) that take-
out food service, except alcoholic beverages, shall be allowed from this site during normal business
hours; 5) that the applicant shall purchase and maintain at least daily, more often if necessary, trash
receptacles of the streetscape design on the sidewalk outside the building, one on the California side
and one on the Lorton side, the location to be approved by the City Engineer, a trash receptacle shall
also be placed inside the door to the restaurant; 6) that all deliveries shall be made by vendors between
6:00 a.m. and 9 a.m. daily and after 2:00 a.m. twice a week at the loading dock off of California
Drive and daily between 9:00 a.m. - 11:00 a.m. on the Lorton side of the building; 7) that the loading
and unloading of take-out food shall occur only in the Lorton Avenue side parking lot; 8) that no on -
site parking shall be leased separately to any off -site use, and no portion of the parking lot shall be
converted to any other use than parking ( except for the outdoor patio area as shown on the plans
approved by the Planning Commission in 1993); 9) that the project shall meet all the requirements of
the California Building and Fire Codes, 1995 edition, as amended by the City of Burlingame; and 10)
that this permit shall be reviewed in one year's time (February 1999) for compliance with the
conditions of approval and for impacts caused by the take-out food service and that any of these
conditions of approval may be modified or changed at that time to address identified effects on the
area.
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City of Burlingame Planning Commission Minutes
Appeal procedures were advised.
January 26, 1998
PUBLIC HEARING ON REVISION OF THE DEFINITION FOR FINANCIAL INSTITUTION
Reference staff report, 01.26.98, with attachments. CP Monroe and Commission discussed the
request, reviewed criteria, Planning Department comments, and study meeting questions. CA pointed
out that the definition as now framed would provide that if one sole proprietor shared an office with
another sole proprietor (possibly both in a financial type business or one financial and the other not)
the sole proprietor considered to be financial would be required to comply with all the code
requirements of a financial institution including obtaining use permits where necessary.
Chair Key opened the public hearing. There were no comments from the floor and the public hearing
was closed.
C. Coffey moved recommendation to the City Council for adoption of the change in the definition of
financial institution which updates the definition and exempts independent business operators who have
no employees from the designation. C. Mink seconded the motion which was approved on a 6-0-1
(C. Wellford absent) voice vote.
In comment on this change the Commissioners noted that there were other standards in the code which
could also use review among them the universal use of average front setback and guest parking for
multiple family developments.
PLANNERS REPORTS
CP Monroe reviewed briefly the actions taken at the regular City Council meeting on January
5, 1998.
ADJOURNMENT
Chair Key asked for a motion to adjourn. C. Galligan moved adjournment. The motion was seconded
by C. Coffey. The meeting was adjourned at 9:30 p.m.
MINUTES1.26
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Respectfully submitted,
Jerry Deal, Secretary