HomeMy WebLinkAboutMin - PC - 1997.01.13CITY OF BURLINGAME PLANNING COMMISSION
NEWUTES
January 13, 1997 - 7:30 P.M.
CALL TO ORDER
A regular meeting of the Planning Commission, City of Burlingame: was called to order by
Chairman Ellis on January 13, 1997 at 7:30 p.m.
ROLL CALL
Present: Commissioners Coffey, Deal, Galligan, Key, Mink, Wellford and Ellis
Absent: None
Staff Present: City Planner, Margaret Monroe; City Attorney, Larry Anderson; City
Engineer, Frank Erbacher; Fire Marshal, Keith Marshall
Chairman Ellis took this opportunity to introduce and welcome the new City Attorney, Larry
Anderson.
MINUTES - The minutes of the December 9, 1996, Planning Commission meeting
were approved as mailed.
AGENDA - The order of the agenda was approved.
FROM THE FLOOR There were no public comments.
PRESENTATION OF COMMENDATION TO SHERI SAISI
Chairman Ellis presented a resolution from all the commissioners thanking Planner Sheri Saisi
for 6 years of service to the city, commission and department.
ITEMS FOR STUDY
APPLICATION FOR TENTATIVE AND FINAL PARCEL MAPS AT 601 ANSEL AVENUE,
ZONED R-3. (CON BROSNAN, PROPERTY OWNER AND NEIL GABBAY, APPLICANT)
Requests: How will the address of the merged lot be determined since the lot also has
substantial frontage on Floribunda. Item set for hearing on January 2.7, 1997.
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CITY OF BURLINGAME PLANNING COMMISSION MINUTES January 13, 1997
APPLICATION FOR SPECIAL PERMITS FOR AN ACCESSORY STRUCTURE AT 1141
PALOMA AVENUE, ZONED R-3, (KARABET ZENCIRCI, APPLICANT AND PROPERTY
OWNER).
Requests: Revise drawing of elevation showing overall height since it does not seem to reflect
the height of the foundation; what is the exact size and location of the door; what type of
material will be put on the plywood; what are the special circumstances to justify the 9'-6" plate
height; what structural divisions exist in the garage, provide a floor plan; what is the proposed
or intended use for the garage, in addition to two cars; from outside the house appears to have
two stories, plans reflect only one, what is the square footage of the house; what is the
permissible lot coverage for the R-3 zone; plans show a side setback of 4 feet, but neighbor who
did survey indicates that setback is less, what is the side setback from the structure. If the
information can be gathered in time the item is set for hearing at the meeting of January 27,
1997.
ITEMS FOR ACTION
APPLICATION FOR A HILLSIDE AREA CONSTRUCTION PERMIT AT 1704 TOLEDO
AVENUE, ZONED R-1, (LI YIN LIANG, PROPERTY OWNER AND GABRIEL Y. NG,
AIA, APPLICANT)
Reference staff report, 01.13.97, with attachments. CP Monroe discussed the request, reviewed
criteria, Planning Department comments, and study meeting questions. Two conditions were
suggested for consideration.
Chairman Ellis opened the public hearing. Gabriel Ng, architect for the applicant, 1375 Sutter
Street, suite 311, San Francisco and Shu Re Liang, daughter of the owner addressed the
commission. Both spoke about the restrictions, caused by the lot and location of the house,
placed on the remodel attempt, noting communications with the neighbors and changes made to
the plans reducing the size of the second floor and changes made to the plans reducing the size
of the second floor and design of the front of the house. Commission asked if they were
informed of the need for a Hillside Area Permit in initial discussions with the Planning
Department prior to their purchase and told that there could be opposition from the neighbors
if the views would be blocked. Ms. Liang responded in the affirmative. Karlyn Schneider,
2705 Arguello, Susanne Bock, 2704 Arguello Drive, Hera Kostekogllu, 2708 Arguello Drive,
Henry Sommer, 2709 Arguello Drive, John Morgan, 2720 Martinez; Drive and Alba Lopez,
2725 Arguello Drive, spoke against the application verifying the rooms in their houses from
which their distant panoramic views would be blocked by the second floor addition and the
probable negative impact on the value of their properties. The neighbors would prefer the
addition go out on the first floor not up. They also presented a petition in opposition to the
application with 60 signatures There were no other comments and the public hearing was
closed.
C. Deal then made a motion to deny this application noting the original CC & R's which limited
these houses to a single story had lapsed and had been supplanted by an addition to the zoning
ordinance requiring a Hillside Area Construction Permit. Noting the specified review criteria
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CITY OF BURLINGAME PLANNING COMMISSION MINUTES January 13, 1997
are obstruction, by construction, of the existing distant view from habitable areas within dwelling
units. Each application is taken on its individual merit.
C. Galligan seconded the motion. Motion passed on a 7-0 roll call vote. Appeal procedures
were advised.
Commission complimented both the neighbors and the applicant's architect for their attempts to
resolve this issue.
APPLICATION FOR A NEGATIVE DECLARATION AT 601 ANSEL AVENUE, ZONED
R-3, CON BROSNAN, PROPERTY OWNER AND NEIL GABBA-1I, APPLICANT).
Reference staff report, 01.13.97, with attachments. CP Monroe discussed the request, reviewed
criteria, Planning Department comments, and study meeting questions. Eight conditions were
suggested for consideration.
Chairman Ellis opened the public hearing. Neil Gabbay,19 South "B" Street, Suite 7, San
Mateo, architect for the property owner, presented a rendering and pictures depicting revised
elevations of the proposed building and the surrounding streetscape to the commission. There
were no questions or comments from the public and the hearing was closed.
Commission discussed the benefit of adding to the housing stock and noted for the record that
if this project is not built to the requirements of a condominium, i.e., parking and open space;
a future condominium conversion and a variance would probably not be granted.
Commissioner Galligan then moved to approve the negative declaration, by resolution, with the
following conditions: 1) that the project shall be built as shown on the plans submitted to the
Planning Department and date stamped January 6, 1997, Sheet A.1 through A. 7, PL-1 and T1.
2) that the conditions of the City Engineer's November 14, 1996 memo, the Fire Marshall's
November 12, 1996 memo and the Parks Department's November 20, 1996 memo shall be met;
3) that the use and any construction for the use shall meet all the requirements of the Uniform
Building and Uniform Fire Codes, 1995 Edition, as amended by the City of Burlingame; 4) that
the project shall be subject to the state -mandated water conservation program; a complete
Irrigation Water Management Plan shall be submitted with landscape and irrigation plans at time
of permit application; 5) that this proposal shall be required to meet the Tree Protection and
Reforestation Ordinance passed by the City of Burlingame in 1993 and enforced by the Parks
Department; 6) that all construction shall abide by the construction hours established by the
municipal code; 7) 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; abandoned utilities and hookups shall be removed;
and 8) that should any cultural resources be discovered during construction, work shall be halted
until they are fully investigated.
The motion was seconded by C. Mink and approved 7-0 voice vote. Appeal procedures were
advised.
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CITY OF BURLINGAME PLANNING COMMISSION MINUTES January 13, 1997
are obstruction, by construction, of the existing distant view from habitable areas within dwelling
units. Each application is taken on its individual merit.
C. Gailigan seco'dd d the motion. Motion passed on a 7-0 roll call vote. Appeal procedures
were advised. \
Commission complimen%NEGA
e neighbors and the applicant's architect for their attempts to
resolve this issue.
APPLICATION FOR AVE DECLARATION AT 601 ANSEL AVENUE, ZONED
Reference staff report, 01.13.97, w th attachments. CP Monroe discussed the request, reviewed
criteria, Planning Department com ents, and study meeting questions. Eight conditions were
suggested for consideration.
Chairman Ellis opened the public ng. Neil Gabbay,19 South "B" Street, Suite 7, San
Mateo, architect for the property o ner, presented a rendering and pictures depicting revised
elevations of the proposed building d the surrounding streetscape to the commission. There
were no questions or comments from the public and the hearing was closed.
Commission discussed the benefit of adqing to the housing stock and noted for the record that
if this project is not built to the require nts of a condominium, i.e., parking and open space;
a future condominium conversion and a vlariance would probably not be granted.
Commissioner Galligan then moved to approv6lbe negative declaration, by resolution, with the
following conditions: 1) that the project shall be ilt as shown on the plans submitted to the
Planning Department and date stamped November 2 996, Sheet A.1 through A. 7, PL-1 and
T1. 2) that the conditions of the City Engineer's Novemb 14, 1996 memo, the Fire Marshall's
November 12, 1996 memo and the Parks Department's No mber 20, 1996 memo shall be met;
3) that the use and any construction for the use shall meet the requirements of the Uniform
Building and Uniform Fire Codes, 1995 Edition, as amended the City of Burlingame; 4) that
the project shall be subject to the state -mandated water con rvation program; a complete
Irrigation Water Management Plan shall be submitted with landsc pe and irrigation plans at time
of permit application; 5) that this proposal shall be required to eel: the Tree Protection and
Reforestation Ordinance passed by the City of Burlingame in 199 and enforced by the Parks
Department; 6) that all construction shall abide by the constructi hours established by the
municipal code; 7) that all new utility connections to serve the site nd which are affected by
the development shall be installed to meet current code standards anc diameter; sewer laterals
shall be checked and replaced if necessary; abandoned utilities and hoo ps shall be removed;
and 8) that should any cultural resources be discovered during construction, work shall be halted
until they are fully investigated.
The motion was seconded by C. Mink and approved 7-0 voice vote. Appeal procedures were
advised.
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CITY OF BURLINGAME PLANNING COMMISSION MINUTES January 13, 1997
APPLICATION FOR A SIGN EXCEPTION AT 1234 BROADWAY, ZONED C-1, (TSTN
PARTNERSHIP, PROPERTY OWNER AND BROADWAY CLEANERS, APPLICANTS).
DENIED WITHOUT PREJUDICE OCTOBER 28, 1996.
Reference staff report, January 13, 1997, with attachments. CP Monroe discussed the request,
reviewed criteria for action, staff and Planning Department comments. Three conditions were
suggested for consideration.
Chairman Ellis opened the public hearing. The applicant was not present. There were no
questions or comments from the public and the hearing was closed.
Commissioner Deal noted this reduces the number of signs and removes one non -conforming
roof sign, cleans up the facade and does not constitute special privilege by allowing more
signage than other businesses in the area have, he then moved to approve this application 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 December 9, 1996; 2) that all other
existing signs on the site not part of this application shall be removed within 30 days, (February
22, 1997) from the final date of this action; and 3) that the project shall meet all the
requirements of the California Building and Fire Codes as amended by the City of Burlingame,
1995 edition.
The motion was seconded by Commissioner Wellford and passed on a 7-0 voice vote. Appeal
procedures were advised.
APPLICATION FOR A SPECIAL PERMIT AND PARKING VARIANCE TO CONVERT
TWO SECOND -STORY APARTMENTS TO REAL ESTATE OFFICE USE AT 251 PARK
ROAD, ZONED C-1, SUBAREA A, (BRUCE HERMAN, APPLICANT AND CLAY
HERMAN, PROPERTY OWNER).
Reference staff report, January 13, 1997, with attachments. CP Monroe discussed the request,
reviewed criteria for action, and staff and Planning Department comments. Four conditions
were suggested for consideration; the first condition was modified to note that the plans may
need to be revised to meet the requirements of the Chief Building Inspector and Fire Marshall.
The commissioners commented on the plans and staff report noting that a condition of this action
is compliance with building code requirements, plans have many shortcomings and do not show
how the second stair to the second floor would be provided; need a workable plan in order to
act; CA noted that item could be continued until adequate plans had been submitted; plans which
meet CBC requirements could reduce amount of office area on first floor which could be a factor
in parking variance, so need better information; should discuss with CBI the need for ADA
accessible bathrooms on the second floor, could they be put on the first floor; building is large
and plans do not show all the tenant spaces on the first floor, plans should include this; how
does one get to the second floor if you are handicapped; what was the parking requirement for
the apartments when they were originally built, should this be the basis for determining the size
of the parking variance; feel that there is enough on the plans to make a decision, the foot print
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CITY OF BURLINGAME PLANNING COMMISSION MINUTES January 13, 1997
of the building will not change and the bathrooms will not change; the applicant needs to know
how the commission feels before he spends more money on plans and possibly gets denied; CBC
not met, stairs are too steep, condition will see that the new ones, do; do they want two
bathrooms on the second floor so they can in the future return to apartment use. The
commission decided to have a public hearing since the applicant was present to discuss.
Chairman Ellis opened the public hearing. Bruce Herman, 251 Park Road, son of property
owner and real estate tenant on the first floor who wishes to expand to the second floor office
area, spoke in favor. Agrees that the stairs are steep, that was the reason they got a building
permit to fix them. One of the apartments has been rented to the same person for 30 years the
other was easily rented, so no incentive to change. When the lease came up, decided that they
needed to work on the stair to increase safety; discovered that there was not enough head room
so had to relocate a second floor bathroom; later in the process the Fire Marshall inspected
noting that the new construction required more fire protection, the building department seemed
to prefer office use so removed the kitchens; then went to planning. ]Began this stair repair in
September,now it is January, would like to get it done.
Asked if want office or residential use upstairs, noted that if expand office upstairs it would be
necessary to comply with Building Department requirements; noted that level of improvement
on plans and what required will be a big difference financially -stair enlarged, toilet rooms,
significant remodel first and second floors and expansion -before vote: important to know that
applicant aware of cost and willing to proceed if approved. Applicant noted that he would prefer
to expand on the first floor but cannot because of zoning restrictions, so forced to expand
business to second floor; he does not want to change existing offices on first floor nor does he
want to tear the buildings down; he noted building has fire escape and door to exterior on roof.
Commissioners noted that they did not have authority to change ADA requirements or building
and fire codes, cost of improvement is a factor here; applicant noted that use of the second floor
depended upon cost, but if unrealistic how could he expand the business in the building;
commission noted it wouldtake a change in the zoning code to expand real estate use on the first
floor. The public hearing was closed.
Commissioner Galligan moved to continue this item until the February 10, 1997, meeting when
new plans can be submitted, noting it was important for the applicant to discuss with the building
department what is required for construction on both the first and second floors in order to
change the use on the second floor from residential to office; as they stand the plans are too
preliminary for Planning Commission approval; speaking for himself the issue of the parking
variance is not a major concern if the use on the second floor can be accomplished within the
basic parameter of the structure that is there; however they need to stop present work
immediately. The motion was seconded by Commissioner Wellford.
Discussion on the motion: can support the motion if a set of code compliant plans are submitted,
from what can see not object to office use on second floor if the building is made legal;
applicant caught, cannot convert second floor to real estate use without meeting current code
requirements because his use is prohibited on the first floor; need appropriate plans in order for
Planning Commission to decide; part of the problem is that this is an old building.
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CITY OF BURLINGAME PLANNING COMMISSION MINUTES January 13, 1997
The Chairman called for the vote on the motion to continue by voice. The commissioners voted
unanimously in favor of the motion to continue the item to the meeting of February 10, 1997.
APPLICATION FOR AN AMENDMENT TO A MASTER SIGN PROGRAM AND A SIGN
EXCEPTION AT 150 ANZA BOULEVARD, ZONED C-4, EMBASSY SUITES, PROPERTY
OWNER AND ARROW SIGN COMPANY, APPLICANTS)_
Reference staff report, 01.13.97, with attachments. CP Monroe discussed the request, reviewed
criteria, Planning Department comments, and study meeting questions. Three conditions were
suggested for consideration.
Chairman Ellis opened the pubic hearing. Walter McIntyre, 1051 - 46th Avenue, Oakland, the
applicant representing Embassy Suites explained why he now was requesting the signage on the
bay side of the building many customers arrive by plane from SFO. There were no further
comments from the audience and the hearing was closed.
C. Mink noted that he had reviewed the conditions and facts as presented in the staff report and
at the public hearing and felt that they provided adequate findings for a motion of approval of
this amendment to the master sign program and sign exception on a secondary frontage
application, with the following conditions: 1) that approval of this application shall supersede
the Master Sign Program for this site approved on July 22, 1991; 2) that the project shall be
built as shown on the plans submitted to the Planning Department date stamped November 14,
1996, and shall constitute those signs described in Table B, Proposed Sign Program, 150 Anza
Boulevard, January 13, 1997; and 3) that the project shall meet all the requirements of the
California Building and Fire Codes as amended by the City of Burlingame, 1995 edition.
The motion was seconded by C. Galligan and was approved on a 7-0 voice vote. Appeal
procedures were advised.
PLANNER REPORTS
Review of City Council regular meeting of December 16, 1996 and
January 6, 1997
ADJOURNMENT
The meeting was adjourned at 9:35 p. m.
MIN1.13
Respectfully submitted,
Charles Mink, Secretary