Loading...
HomeMy WebLinkAboutMIN - PC - 2000.10.23 1 UNAPPROVED MINUTES CITY OF BURLINGAME PLANNING COMMISSION 501 Primrose Road, Burlingame, CA October 23, 2000 7:00 P.M. Council Chambers I. CALL TO ORDER Chairman Luzuriaga called the October 23, 2000, regular meeting of the Planning Commission to order at 7:15 p.m. II. ROLL CALL Present: Commissioners Bojués, Deal, Dreiling, Keighran, Vistica and Luzuriaga Absent: Commissioner Osterling (arrived at 7:20 p.m.) Staff Present: City Planner, Margaret Monroe; Planner, Ruben Hurin; City Attorney, Larry Anderson; City Engineer, Syed Murtuza; Fire Marshal, Keith Marshall; Police Commander, Jack VanNetten III. MINUTES The minutes of the October 10, 2000 meeting regular meeting of the Planning Commission were approved with a correction to page 5, paragraph 5, line 9 A sitting room on the second floor@. IV. APPROVAL OF AGENDA At the request of the applicant item 6c, 800 Airport Blvd., was continued to the action calendar for meeting of November 6, 2000. V. FROM THE FLOOR There were no public comments. VI. STUDY ITEMS 1.1405 EL CAMINO REAL - ZONED R-3 - APPLICATION FOR A RESIDENTIAL CONDOMINIUM PERMIT AND THREE PARKING VARIANCES FOR A THREE (3) STORY, FOUR (4) UNIT RESIDENTIAL CONDOMINIUM (FRANK GONSALVES, A.I.A., APPLICANT AND ARCHITECT; ROMAN AND GALINA KNOP, PROPERTY OWNERS) 1. CONDOMINIUM PERMIT AND PARKING VARIANCES 2. TENTATIVE CONDOMINIUM MAP CP Monroe presented the staff report. Commission had no questions for staff. Commissioner asked if the applicant thought of any other proposals which would not require three parking variances; three parking variances is a problem, need to address, can understand request for parking maneuvers not others; asked applicant to provide a more detailed landscape plans showing existing landscaping and landscaping to be removed; also show landscaping which will address the scale of the building; show outline of adjacent buildings on site plan; explain why windows on the driveway side elevation are different than windows on all other elevations, windows style should be consistent on all elevations, will be seen by neighbors; show fourth floor loft plan in order to explain mass; common open space at the rear of the lot is not useable; location of bike rack and trash enclosure might be a pro blem near stairway; concerned with the City of Burlingame Planning Commission Unapproved Minutes October 23, 2000 2 articulation on the building, both side are flat with minor projections, suggest reducing the flatness; El Camino Real elevation needs more study in regards to window patterns and articulation on facade; variance for back-up is driven by six-foot side setback along right side property line, why not move building over by one foot to eliminate the variance for back-up; suggest revising interior stairway so that the variance for parking space dimension in Unit A is elimin ated; provide entrance dimensions for Units A and B; show proper room for trash/recycling enclosure as shown, too small for proposed functions; concerned with exterior of building, interior space determines exterior appearance, need to consider exterior appearance more carefully; concerned with landscaping, not enough large scale plant material, please address scale of proposed landscaping; applicant should address additional variance required for the guest parking space to back out onto El Camino Real. This item was placed on the regular calendar, for the meeting of November 27, 2000, providing all the information is submitted to the Planning Department in time. This item concluded at 7:20 p.m. 2.535 ALMER ROAD - ZONED R-3 - APPLICATION FOR AN AMENDMENT TO AN APPROVED MITIGATED NEGATIVE DECLARATION AND CONDOMINIUM PERMIT TO REDUCE THE NUMBER OF RESIDENTIAL UNITS FROM 7 TO 6 UNITS FOR CONSTRUCTION OF A NEW RESIDENTIAL CONDOMINIUM (MANOOCHEHR JAVAHERIAN, APPLICANT AND PROPERTY OWNER; KAMRAN EHSANIPOUR, ARCHITECT) a. AMENDMENT TO NEGATIVE DECLARATION AND CONDOMINIUM PERMIT b. TENTATIVE CONDOMINIUM MAP CP Monroe briefly presented the staff report. There were no questions for staff about the project from the Commission. Commissioner noted that this project has been reviewed by the City Council once, minor revisions are now being proposed, and suggested that this project be placed on consent calendar; asked applicant to rethink the additional balconies on the front elevation, adds mass and bulk to the front, will look better without these balconies. The item was placed on the consent calendar for the meeting of November 13, 2000, providing all the information is submitted to the Planning Department in time. This item concluded at 7:23 p.m. VII. DESIGN REVIEW STUDY ITEMS 3.1700 HILLSIDE DRIVE - ZONED R-1 - APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMIT FOR DECLINING HEIGHT ENVELOPE FOR A FIRST AND SECOND-STORY ADDITION (JOHN AND CAROLYN LEUNG, APPLICANTS AND PROPERTY OWNERS; JOHN LEUNG, DESIGNER) Planner Hurin presented the project description. Commissioner asked staff to verify that the project does not exceed the maximum allowed FAR because the request is so close to the maximum allowed. Chairman Luzuriaga opened the public comment. John Leung, applicant, 2503 Coronet Boulevard, Belmont, represented the project. Commissioners discussed with the applicant: appears that the second floor roof eave of the adjacent house extends to the property line, plans should show relationship of project with adjacent building, will be close to each other; floor plan shows second floor balcony having a slight curve, elevation shows a greater curve, applicant should choose the shape of the balcony and should be clarified on all plans; metal railing on balcony is out of character and massive; cannot find reasons or exceptions on this lot to justify special permit for declining height envelope, on this side building is close to the property line; vinyl sliders (windows) are not compatible with the character of the neighborhood, should match type City of Burlingame Planning Commission Unapproved Minutes October 23, 2000 3 of windows used in the neighborhood; side elevation is a two-story wall with no articulation; garage roof, parapet with eyebrow, on new structure is not in character with the design of the house; concerned with the wall a t the rear of the house, applicant should address solid, two-story wall; house is built to the maximum floor area with a single-car garage, would like to see a two-car garage or a decrease in the total FAR used to allow for a two-car garage in the future; concerned with mass and bulk of building, full two-story walls makes house appear boxy; entry doors are too big need to be reduced to human scale, windows are too big when compared to size of doors; provide a more detailed landscape plan showing existing landscaping to remain and new, needs larger scale trees and planting to soften mass; entry has a wide arch with double-wide doors, suggest using a single-wide door to reduce mass. There were no other comments from the floor and the public hearing was closed. C. Keighran made a motion to send this project to a design reviewer with the direction given. The motion was seconded by C. Bojués. Chairman Luzuriaga called for a voice vote on the motion to send this project to the design reviewer. The motion passed 7-0 on a voice vote. The Planning Commission=s action is advisory and not appealable. This item concluded at 7:45 p.m. 4.1219 VANCOUVER AVENUE - ZONED R-1 - APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMIT FOR HEIGHT FOR A FIRST AND SECOND-STORY ADDITION (RAMIN AND NATALIE FOROOD, APPLICANTS AND PROPERTY OWNERS; GARY DIEBEL, DIEBEL & COMPANY, ARCHITECT) Planner Hurin briefly presented the project description. There were no questions of staff. Chairman Luzuriaga opened the public comment. Gary Diebel, architect, Ramin and Natalie Forood, applicants, represented the project. Commissioners discussed with the applicant: is garage roof height being raised; concerned with mass and bulk, 8' first floor plate height and a 10' second floor plate height adds to mass and bulk, am more comfortable with 9' first floor and 8' second floor plate heights; double-doors at front entry should be changed to a single-wide door; concerned with 36' building height, special permit for height is allowed for architectural style to be enhanced, feels that architecture is not being enhanced in this case, understands request to exceed 30' height limit but 36' maximum is too much, lower height in attic and tall side walls create a massive appearance, tudor-style homes use low plate heights with high pitched roofs and does not look massive, needs to be pedestrian friendly; referred applicant to visit new house on 1400 block of Montero Avenue on the bay side, nice house but in a wrong location this has same problem; double-door, three balconies, columns, and railings are overkill for the neighborhood, need to tone down scale and elements; concerned with scale of components, quoins applied to second floor openings suggest heavy stone construction, makes building heavy and bulky; recommend substantial steps to get building down to a human scale, similar to other houses in the neighborhood; concerned with compatibility, style presented as grandiose and substantial, should be modest and tone down; site plan is not clear about relationship between driveway and landscaping; contains a sizeable second floor deck, tends to violate neighbors privacy, should consider reducing balcony size; windows on second floor are very large, bigger than the front door, should reduce window size; not much of existing house will remain, why not consider a new house, most of the walls will be removed, only 30'-40' of wall length left, often find termite damage and all walls are removed, new foundation will be necessary to support second floor, project results in a complete floor plan change; two-thirds of the neighborhood is composed of detached garages, since really new house why not build a detached garage at the rear of the lot and reduce bulk; there is no roof overhang, should consider adding; solution will not be in breaking up the mass, but in working with the scale; concerned with the way the garage works, house is set up high from street, there will be a steep driveway up to a two-car garage, garage will be a prominent view from the street, City of Burlingame Planning Commission Unapproved Minutes October 23, 2000 4 present location of garage door would work better. There were no other comments from the floor and the public hearing was closed. C. Bojués made a motion to send this project to a design reviewer with the direction given. This motion was seconded by C. Osterling. Chairman Luzuriaga called for a vote on the motion to send this project to the design reviewer. The motion passed 7-0 on a voice vote. The Planning Commission=s action is advisory and not appealable. This item concluded at 8:07 p.m. 5.2405 HILLSIDE DRIVE - ZONED R-1 - APPLICATION FOR DESIGN REVIEW AND CONDITIONAL USE PERMIT FOR ACCESSORY STRUCTURE WINDOWS WITHIN 10' OF PROPERTY LINE FOR A NEW TWO-STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE (DAMIR O. RADOS, APPLICANT AND PROPERTY OWNER; DAVE HOWELL, DESIGNER) C. Osterling noted that he lives within 300' of the project so would abstain from this project and stepped down from the dais. CP Monroe briefly presented the project description. There were no questions of staff. Chairman Luzuriaga opened the public comment. David Howell, architect, and Damir Rados, property owner represented the project. Commissioners discussed with the applicant: asked the applicant to explain reasons for the elevator and full basement; would like to see a condition that the basement not be used for living purposes, should be recorded with the deed; appears to be a two-story ranch-style house, Mills Estate and Easton Addition contains a certain style, that style does not look like it fits into this neighborhood, am struggling with the design, cannot tell character of building, see classic elements and craftsman style overlays, was there a goal when determining style; concerned with the removal of two mature redwood trees, they are an important site amenity at edges of side property lines, building can be designed around redwood trees, there are ways to save trees, can adjust basement footprint. There were no other comments from the floor and the public hearing was closed. Commission discussion: would like to see project go to design reviewer, house could be harmonized, direction of architectural style is unclear. C. Dreiling made a motion to send this project to a design reviewer with the direction given. The motion was seconded by C. Deal. Comment on motion: would like to see a copy of the arborist=s report addressing two redwood trees, redwood trees are a wonderful amenity for the site and Burlingame, should be retained. Chairman Luzuriaga called for a voice vote on the motion to send this project to the design reviewer. The motion passed 6-0-1 (C. Osterling abstain) on a voice vote. The Planning Commission=s action is advisory and not appealable. This item concluded at 8:22 p.m. VIII. ACTION ITEMS 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. City of Burlingame Planning Commission Unapproved Minutes October 23, 2000 5 Chairman Luzuriaga noted that the commission had received a letter from the applicant for the project at 800 Airport Blvd., item 6c, asking for a continuance to the action calendar at the November 13, 2000, meeting. He asked if anyone in the public or the commissioners wished to take any other item off tonight=s consent calendar. C. Vistica noted that he would like to add a condition to item 6d, 1009 Burlingame Avenue, requiring a masonry wall between this property and the property to the east as discussed at study. C. Deal noted a business relationship with applicants at both 1228 Bernal Road and 1009 Burlingame Avenue; and he would abstain from the vote on each of those items (6a and 6d). 6a.1228 BERNAL AVENUE - ZONED R-1 - APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMIT FOR DECLINING HEIGHT ENVELOPE FOR A NEW TWO-STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE (JAMES AND MICHELLE DELIA, APPLICANTS AND PROPERTY OWNERS; JD & ASSOCIATES, DESIGNER) 6b.1440 CHAPIN AVENUE, SUITE 100 & 101 - ZONED C-1, SUBAREA B1 - APPLICATION FOR A CONDITIONAL USE PERMIT FOR A FINANCIAL INSTITUTION (MICHAEL NILMEYER REPRESENTING CHARLES SCHWAB, APPLICANT; PATSON DEVELOPMENT, PROPERTY OWNER) 6c.800 AIRPORT BOULEVARD - ZONED C-4 - APPLICATION FOR A CONDITIONAL USE PERMIT TO LEASE ON-SITE PARKING SPACES (TODD GREEN, 800 AIRPORT PARTNERSHIP, APPLICANT AND PROPERTY OWNER) This item was continued to the action calendar of the November 13, 2000, Planning Commission at the request of the applicant. 6D.1009 BURLINGAME AVENUE - ZONED R-3 - APPLICATION FOR ONE YEAR EXTENSION OF A PARKING VARIANCE AND FRONT SETBACK LANDSCAPING VARIANCE FOR A NEW 3-UNIT, 3- STORY APARTMENT BUILDING (FRANK PANACCI, APPLICANT AND PROPERTY OWNER) C. Bojués moved for 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 the staff reports and each by resolution with the conditions for 1009 Burlingame Avenue amended to read: that the property owner shall provide a masonry wall between his property and the property to the east. The motion was seconded by C. Keighran. Chairman Luzuriaga called for a voice vote; 1009 Burlingame Avenue and 1228 Bernal Road passed on a 6-0-1 (C. Deal abstaining) voice vote; 1440 Chapin Avenue passed on a 7-0 voice vote. Appeal procedures were advised. This item concluded at 8:37 p.m. The commission took a break and reconvened at 8:50 p.m. IX. REGULAR ACTION ITEM 7.1310 BAYSWATER AVENUE - ZONED C-1 - APPLICATION FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY HOMELESS FAMILY SHELTER IN AN EXISTING CHURCH TO SERVE HOMELESS FAMILIES (REV. ALBERT VUCINOVICH, ST. CATHERINE CHURCH, APPLICANT; MOST REV. WILLIAMS LEVADA, PROPERTY OWNER) Reference staff report, 10.23.00, with attachments. CP Monroe reviewed the staff report, criteria of the code , conditional use permit request and staff comments. Seven conditions were suggested for consideration including an amendment to the conditions to limit the use of St. Catherine=s church for temporary/emergency housing for five City of Burlingame Planning Commission Unapproved Minutes October 23, 2000 6 homeless families (a maximum of 14 people) to the times when the Parish School is not in session. Commission had no questions of staff. Chairman Luzuriaga opened the public hearing. The following spoke in support of the application: The Reverend Albert Vucinovich, pastor of St Catherine Church; Gary Beswick, 1512 Carol Ave.; Michael Engemann, 810 Alpine Ave.; Wendy Verba, 1548 E Ralson Ave.;Dena Zwingle, 774 Walnut Ave.; Clare Carey Willard, 1457 Bellevue; John Kelly, 1039 Paloma Ave.; Marsha Jurison, 405 Burlingame Ave.; Mary Hansell, 1633 McDonald Way; Cassandra Benjamin, 1560 S. Amphlett Blvd.; Sister Maureen Hally, 1511 Newlands Ave.; Nancy Padilla, 909 Linden Ave.; Jeannine Culligan Derek, 627 Plymouth Way; Annie Crouih, 615 Barroillet Ave.; Pamela Gehrke, 1412 Edgehill Drive; Barbara Zukowski, 1108 Capuchino Ave.; Tessa Beswick, 1512 Carol Ave.; Tom Roberts, 474 Cumberland Road; Cathy Baylock, 1527 Newlands Ave.; Eliza Boughe; Daniel Lonin, 615 Barroillet Ave.; Karyl Eldridge, 415 Primrose Road; Merna Gonzolas, 1508 Burlingame Ave.; Chad Smith, Interfaith Hospitality Network; Pat Journey, 1445 Balboa; Virginia Fox, San Mateo; Elain Yastishock, 221 N. El Camino Real; Paul Watermoulder, Pastor First Presbyterian Church; Joan Zepheral, 740 Laurel; Charlene Schmitz, Bellevue. Commenters noted: Planning Commission=s action is on the use permit, it is a healthy step to help families in the community; over 100 volunteers at St. Catherine=s will be sure children are kept safe; housing market is increasingly tight, Section 8 housing has disappeared, housing is a right and the community needs to provide shelter; live near program but concern is about a community closed to different people; participants a lot like us but circumstances have caused them to have no shelter; it is safe, take my Girl Scout troupe to do volunteer work at a similar program near by; human services agencies will screen people; ran a homeless shelter in San Mateo for 15 years, never received a personal phone call from neighbors complaining about the program; good to see religious groups cooperate; have been homeless due to bad luck, people need help to get their lives in order, children suffer and the scars can stay a long time; work with San Mateo County pre-natal to 3 program, know from experience that rents cause people to share houses and move to frequently, children need a safe, stable place to become healthy, whole people; there are now 48 families on a waiting list for shelter tonight, that is 150 people without shelter in this county tonight, this program would help them; since Richard Allen Davis the Shelter Networks screening process has been changed; but here we are talking about families, young mother, pregnant with a young child who has lived in the county 7 years; work with low income housing programs and tutor children of battered women, this is an opportunity for 3 to 5 families who suffer the greatest loss, the loss of hope; am concerned about the safety of the children in school, and feel safe about this program; live in Burlingame, have suffered this kind of situation which results in homelessness and want to participate as a volunteer; IHN house rules address the fears that people have expressed; support the change which has St. Catherine=s participate outside of the school year; Commission concern should be is there something different about the program in Burlingame so that it would not operate safely and soundly in Burlingame; if this project fails we will be no closer to providing shelter for those in need; need to work together to bring dignity to each of us; as student at St. Catherine=s required to do community service, now at SI must do 100 hours of community service working with people less fortunate than ourselves to graduate, this is an opportunity for volunteers, need to take a risk if there is any harm can stop, opposite of love is indifference; am residential relator, facing the highest housing costs ever, last year this was the most expensive housing market in the nation; religious community wants to help provide services to homeless; need the day center or the entire program will not work, if can save two redwood trees can save this program; want such compassion in the neighborhood I choose to live in; governing board of the First Presbyterian church supports Father Vucinovich in this application and see the religious community as called upon to give leadership in meeting the community needs, the decision to adjust the rotation to have the program at St. Catherine=s when the children are away is a response to the direct concerns expressed, give the program a chance to be hospitable; feel screening is very thorough, have similar program in San Ramon and have had no problems. The following spoke in opposition: Louise Natoli, 117 Bancroft Road; Janet Lena, 25. E. Carol; Claire Haggarty, 2546 Butternut Drive; Joe LaMariana, 1336 Balboa Ave.; Lynn Bernard, 143 Dwight Road; Marc Klaas, Sausalito; Ron City of Burlingame Planning Commission Unapproved Minutes October 23, 2000 7 Gonzales, 1508 Burlingame Ave.; John Shapiro, 129 Humboldt Road; Steve Shivs, 1525 Chapin Ave.; Keith McWilliams, near St. Paul=s; Marie Metcalf, 401 Occidential; Bev Bernard, San Bruno. They commented: hope to remain friends when this is done, thank Father Al for adjusting the program to summers only, need to address safety regarding volunteers, weapons, alcohol and drugs on site; concern with screening of clients, need to be broader than the county, this is not a moral issue before the Planning Commission but a conditional use permit; live one block away concerned about the safety of the neighborhood and children walking downtown; cannot rely on good intentions, have not had good responses from the applicant on background screening will eventually have a tragedy, conditions do not include a policy or procedure for neighbors to review; problem not clients but people who wish to see them; when the homeless hear about the program they will come looking for food and shelter at any time of the year; Burlingame police called three small cities for information, 2 of the 3 had some kind of police action, one had sale of drugs on site; Shelter Network knew Davis on parole but allowed him housing anyway, parents are concerned about children, the issue is doing criminal history at an appropriate level, what they are proposing not enough, do not use Megan=s law which is free or fingerprint tests; this program should just be for Burlingame people; a lot of people make bad choices which affect children it is their responsibility; today had to discipline an employee for living in the office parking lot am concerned, worst effect here is division of congregation, there are 220 families in the school and 2200 families in the parish, the issues concern them not the Planning Commission; have not provided specifics on how the screening is done, once approved how will we know about changes to the program or violations, St. Paul=s tried to do this without a permit; have had intruders in backyard and friend in Burlingame had someone prey on his daughter, do the police feel up to the job if this program comes in, happy St. Catherine=s decided to work around the school year, but what will this do to St. Paul=s and First Presbyterian; what are the qualifications of the volunteers and how are they trained to deal with confrontation; asked for national statistics on the safe ty of this program, given information on 6 communities of applicant=s choosing, don=t know if we have heard what the problems are, we are given this program this way or not at all; San Bruno residents fought the use of their armory for a homeless shelter because it was within 65 feet of an elementary school, the program was not presented honestly, it is the duty of applicant to answer questions for the children=s safety. There were no further comments from the floor and the public hearing was closed. Commissioner comment: focus is on the use permit and the use of this facility by 14 people on occasion; this facility shelters hundreds of people regularly, don=t know about those groups, but these are 14 people, not necessarily bad or criminals; 14 people screened more than our neighbor=s guests, do not see a planning impact; feel background check and police department participation are adequate for safety. Police Chief Missel noted that the maximum criminal check is the NCIC, this is not a criminal investigation, cannot guarantee all problems will be identified. Do not know if the Federal Department of Justice would do evaluation for a shelter. Megan=s Law will identify, through the sheriff=s office, records of child abuse, molestation. Commander VanPatten noted was given the names and locations of 6 programs, surveyed police departments in three that were in smaller communities, like ours, late last week was given about 24 additional names have not checked these out so do not know what each police department response would be. Chairman Luzuriaga reopened the public hearing: Diana Linn, Director IHN, Claire Haggarty, 2546 Butternut Drive, Angela Johnson, Ralston; Carol Costa, 1265 Balboa; Tim Johnson; Marc Klaas, Sausalito; Carol Spencer, 1100 Dufferin Ave., Catherine Wetherwax, 1611 Ralson, spoke. Screening process occurs from intake agency as well as Shelter Network and IHN, talk to employers, landlords, credit check, call District Attorney for criminal record in San Mateo county and any other counties may have lived in the past 10 years, do not do a nationwide check, but doing as much or more than any other social service agency. Volunteers will be trained, including by police and fire, if person comes to church after 10 p.m. door will not be opened, if not leave will call police, if participants do not follow rules they are asked to leave. Have a number of licenses in the case of each have had to give permission to the Department of Justice for clearance; there are 80 networks nationwide, the national does not keep statistics on the number of police calls, there have been no serious acts of violence or vandalism; participants only need to be clean and sober for a period City of Burlingame Planning Commission Unapproved Minutes October 23, 2000 8 of 90 days, too short a time; nonprofit program should evaluate law enforcement calls; Commission in design review is concerned with size of trash areas, should be concerned with infringement on property rights; do not know more desperate people than those without housing; three programs police looked at had two incidents over how many people and how long a period. There were no further comments from the floor. Chairman Lurzuiaga closed the public hearing. Commissioner comments: whatever the decision some will be happy, others upset, Commission=s charge is to evaluate the conditional use permit whose conditions require annual review, no program when school is in session, but the stakes are high, cannot support. This is not a moral issue for the Commission, not see a major detrimental impact to the city, conditions are needed including the January review, a lot of people will be watching this program and will report concerns, in general it has a minor effect and will vote in favor of 1310 Bayswater. Effect on community is minimal regarding planning there is enough space, there is parking available, they have done things to address the risk exposure, can support. Agree that the conditional use permit issues are addressed by the facilities which are able to provide room and parking. The risks are minimal but there is no guarantee of no risk, but it is the same in the community as a whole; families with children need help, issue of evaluation and see conditions involve participation in evaluation, feel better; any one can complain and it will be reviewed by the city, can add conditions in the future; support fully for St. Catherine=s when school is out, a good compromise. C. Bojués noted that there is not a detrimental effect caused by the proposed program as amended, IHN will take responsible steps to review participants, a lot of people will be watching and they will be vocal, in addition there is a one year review requirement, so move approval by resolution for the reasons stated in the record with the conditions as amended by the City Planner. The motion was seconded by C. Osterling. Comment on the motion: would the commissioners consider adding two conditions to this application: that the IHN be required to do a Megan’s Law search of each client and that, of the people staying on the site with the clients, at least one be well trained to deal with adversarial situations. The maker of the motion and the second agreed to the amendment to the conditions, and the conditions are as follows: 1) that the emergency/temporary housing for homeless families with children shall be limited to th e existing church auditorium, associated support facilities, on-site outdoor areas, as shown on the plans submitted to the Planning Department and date stamped August 14, 2000, Site Plan, First Floor Plan, and Auditorium Floor Plan; 2) that the emergency/temporary housing for homeless families with children shall operate within the hours of 6 p.m. to 7 a.m. with two meals provided; the use shall be limited to a maximum of five homeless families with a maximum of 14 persons and staff/volunteers; the emergency housing for homeless families shall be limited to operate when the Parish School at St. Catherine=s is not in session for a maximum of six times a year, for no more than seven (7) consecutive days per each of the 6 times; 3) that the City of Burlingame Police Department Operations Division Commander and the Fire Department=s Fire Marshal shall be notified one week in advance of each use of this facility for emergency/temporary housing for homeless families with children; the report shall include the number of people, ages, and any special medical conditions; 4) that the use shall be limited to an emergency/temporary housing use for families with children, and that the site shall be regularly inspected by the Fire Department and all requirements shall be met; 5) that, as a part of the screening process, the Interfaith Hospitality Network or provider shall do a Megan=s Law check of each client before the client or any family member is assigned to stay at St. Catherine=s Church; 6) that at least one of the supervising persons on the St. Catherine=s site, including at least one of the assigned persons staying over night with the clients, shall be trained on how to deal with the type of adversarial situations which may arise in such a program, and that the training materials shall be reviewed regularly by a representative selected by the Burlingame Police Department Operations Commander; 7) that any changes in operation, including hours and frequency of use, floor area, or number of homeless families or total persons participating in the program, which exceed the maximums as stated in these conditions, shall require an amendment to this use permit; 8) that the use of the church auditorium and its City of Burlingame Planning Commission Unapproved Minutes October 23, 2000 9 associated facilities and any improvements or changes made to the building or within the building for this use shall meet all California Building and Fire Codes, 1998 Edition as amended by the City of Burlingame; and 9) that this conditional use permit shall be reviewed annually, in January, for compliance with the conditions of approval. Chairman Luzuriaga called for a voice vote on the motion to approve the conditional use permit to allow a homeless shelter for families at St. Catherine’s Church for no more than 6 times a year for no more than 7 consecutive days during the time when the school is not in session. The motion passed on a 6 - 1 (C. Luzuriaga dissenting) voice vote. Appeal procedures were advised. This item concluded at 11:05 p.m. Chairman Luzuriaga called for a brief recess so that the room could be cleared. He then noted that because of the overlapping testimony already heard, it would be appropriate to take items 8 and 9 together in one hearing and item 10, the Day Center as a separate hearing. 8. 415 EL CAMINO REAL - ZONED R-3 - APPLICATION FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY HOMELESS FAMILY SHELTER IN AN EXISTING CHURCH TO SERVE HOMELESS FAMILIES (RECTOR WARDENS, VESTRY, ST. PAUL=S EPISCOPAL CHURCH, APPLICANT AND PROPERTY OWNER) 9. 1500 EASTON DRIVE - ZONED R-1/R-3 - APPLICATION FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY HOMELESS FAMILY SHELTER IN AN EXISTING CHURCH TO SERVE HOMELESS FAMILIES (FIRST PRESBYTERIAN CHURCH OF BURLINGAME, APPLICANT AND PROPERTY OWNER) Reference staff reports, 10.23.00, with attachments. CP Monroe presented both staff reports noting the differences between the facilities for each site and the fact that the conditions of approval were the same. It was also noted that in the case of these two sites the 6 weeks for the program could occur at any time during the year. C. Dreiling noted that he had had a business relationship with the applicant at 1500 Easton Drive, so he would recuse himself from discussion and action on that item. CA Anderson noted that C. Dreiling could remain and participate only on 415 El Camino Real and his comments should be considered accordingly. Commission had no questions for staff. Chairman Luzuriaga opened the public hearing. Rector Stuart Coxhead of St. Paul=s Episcopal Church and Paul Watermulder, Senior Pastor of First Presbyterian Church, represented their projects. They noted a legal paper regarding issues raised by the Planning Commission had been submitted this evening, at St. Paul=s two additional meetings had been held with the neighbors, resulting in addressing some other problems caused by impacts from the church; have agreed to a 6 month evaluation of the program by the church and neighborhood; agree with the conditions in the staff report; have church staff living on the premise within 50 feet of where people will be ho used, they are in support; funding for this program will not go to any of the churches participating; have a petition signed by 100 parishioners supporting the program at St. Paul=s. First Presbyterian held a meeting at the church, parking on Balboa is an issue not really related to this program, will require that guests and volunteers for this program will park on church site and will encourage church members not to park on Balboa; there are 8 churches on El Camino, all have one or two homeless people approach them each week asking for shelter, they always refer them to other sites; no one will enter the area housing the homeless families when in operation unless they are supposed to be there; First Presbyterian supports the limitation on the St. Catherine permit to have the program when school is out of session and will adjust, but don=t feel they need that exception; there is a nursery school on the site but it is in a separate building. Chairman Luzuriaga then asked for those who are in favor of these permits to speak: Gloria Barton, 734 Winchester Drive; Tony Dostino, 1320 Castillo Ave.; Charles Mink, Los Montes; Patty Georges; John Chimino, 735 El Camino City of Burlingame Planning Commission Unapproved Minutes October 23, 2000 10 Real; Pat Jorney, Balboa; Keith McWilliams, 320 Chapin Ave. The speakers noted: that the safe guard for the program are the nearby residents and parishioners who will know of any problem and will be the first to ask for the permit to be revoked; the Church council supports program and will review the shelter constantly; the Planning Commission’s action is a technical one, the conditions included amply protect the community; work for the State Department of Social Services, regulations for the state homeless assistance program are limited to one time assistance for an amount of money that is not enough to be too helpful in this county with housing prices as they are, where the state cannot help, the private sector needs to with programs like this; family supports this program and am excited to see it initiated; if these churches are not approved along with the Day Center the last three hours have been wasted; thank St. Paul=s for their increased concern about their neighbors and advise more diligence than with other programs. Chairman Luzuriaga then called for those who would like to speak in opposition: Jo hn Kelly, 1520 Bellevue, spoke noting that this is a property value issue and he estimated that the impact of the program on the adjacent houses would be equivalent to $1 million, he felt that there would be a risk to the neighborhood even when school was out, he asked if introducing risk into a neighborhood was in the Planning Commission=s pervue. There were no further comments from the floor and the public hearing was closed. C. Bojués noted based on the information in the staff report and public hearin gs he would move approval of the conditional use permit for a temporary/emergency homeless shelter for families with children at 415 El Camino Real (St. Paul=s Episcopal Church) by resolution with the conditions as amended by staff. The motion was seconded by C. Dreiling. Comment on the motion: would the maker include the two conditions regarding Megan=s Law review and extra training for adversarial confrontations of at least one volunteer and that one such trained volunteer would be on site at St. Paul=s and First Presbyterian church with clients at all times. The maker of the motion and the second agreed and the conditions of approval are as follows: 1) that the temporary/emergency overnight homeless shelter for homeless families with children shall be limited to the existing church social hall and associated support facilities and as shown on the plans submitted to the Planning Department and date stamped August 14, 2000, Site Plan, First Floor Plan, and Social Hall Floor Plan; 2) that the temporary/emergency housing for homeless families with children shall operate within the hours of 6 p.m. to 7 a.m. with two meals provided; the use shall be limited to a maximum of five homeless families with a maximum of 14 persons and staff/volunteers; the temporary shelter shall be limited to operate for a maximum of six times a year, for no more than seven (7) consecutive days per each of 6 times; 3.that the City of Burlingame Police Department Operations Division Commander and the Fire Department=s Fire Marshal shall be notified one week in advance of each use of this facility for emergency/temporary housing for homeless families with children; the report shall include the number of people, ages, and any special medical conditions; 4) that the use shall be limited to an emergency/temporary housing use for families with children and that the site shall be regularly inspected by the Fire Department and all requirements shall be met; 5) that that the Interfaith Hospitality Network or provider shall be required to do a Megan=s Law check of each client before the client or any family member is assigned to stay at St. Paul=s Episcopal Church; 6) that at least one of the supervising persons on the St. Paul=s=s Episcopal Church site, including one of the persons staying over night with the clients shall be trained on how to deal with the type of adversarial situations which may arise in such a program; and that the training materials addressing confrontation shall be reviewed regularly by a representative selected by the Burlingame Police Department=s Operations Commander; 7) that any changes in operation, including hours and frequency of use, floor area, or number of homeless families or total persons participating in the program, which exceeds the maximums as stated in these conditions, shall require an amendment to this use permit; 8) that the use of the social hall and its associated facilities and any improvements or changes made to the building for this use shall meet all California Building and Fire Codes, 1998 Edition, as amended by the City of Burlingame; and 9) that this conditional use permit shall be reviewed annually, in January, for compliance with the conditions of approval. City of Burlingame Planning Commission Unapproved Minutes October 23, 2000 11 Comment on the motion: have struggled with the issue of the homeless shelter in the same place as the school and with the vocal opposition to that situation, do not have the same problem with these two applications so will support them. Chairman Luzuriaga called for a voice vote on the motion to approve the conditional use permit for a temporary/emergency homeless shelter for families with children at 415 El Camino Real and St. Paul=s Episcopal. The motion passed on a 7-0 voice vote. C. Bojués then moved to approve a conditional use permit for a temporary homeless shelter for families with children at 1500 Easton Drive (First Presbyterian Church) by resolution with the same amended conditions as those for St. Paul=s Episcopal Church as follows: 1) that the temporary overnight homeless shelter use for families with children shall be limited to the existing church social hall and associated support facilities and as shown on the plans submitted to the Planning Department and date stamped August 14, 2000, Site Plan, First Floor Plan, and Social Hall Floor Plan; 2) that the temporary overnight/emergency housing for homeless families with children shall operate within the hours of 6 p.m. to 7 a.m. with two meals provided; the use shall be limited to a maximum of five homeless families with a maximum of 14 persons and staff/volunteers; the temporary shelter shall be limited to operate for a maximum of six times a year, for no more than seven (7) consecutive days per each of the 6 times; 3) that the City of Burlingame Police Department Operations Division Commander and the Fire Department=s Fire Marshal shall be notified one week in advance of each use of this facility for emergency/temporary housing for homeless families with children; the report shall include the number of people, ages, and any special medical conditions; 4) that the use shall be limited to an emergency/temporary housing use for families with children and that the site shall be regularly inspected by the Fire Department and all requirements shall be met; 5) that as a part of the screening process, the Interfaith Hospitality Network or provider shall be required to do a Megan=s Law check of each client before the client or any family member is assigned to stay at First Presbyterian Church; 6) that at least one of the supervising persons on the First Presbyterian Church site, including one of the persons staying over night with the clients shall be trained on how to deal with the type of adversarial situations which may arise in such a program; and that the training materials addressing confrontation shall be reviewed regularly by a representative selected by the by the Burlingame Police Department Operations Commander; 7) that any changes in operation, including hours and frequency of use, floor area, or number of homeless families or total persons participating in the program, which exceeds the maximums as stated in these conditions, shall require an amendment to this use permit; 8) that the use of the social hall and its associated facilities and any improvements or changes made to the building for this use shall meet all California Building and Fire Codes, 1998 Edition, as amended by the City of Burlingame; and 9) that this conditional use permit shall be reviewed annually, in January, for compliance with the conditions of approval. The motion was seconded by C. Keighran. Chairman Luzuriaga called for a voice vote on the motion to approve the conditional use permit for a temporary/emergency homeless shelter for families with children for a maximum of five families at 1500 Easton Drive. The motion passed on a 6-0-1 (C. Dreiling abstaining) voice vote. Appeal procedures were advised. This item concluded at 11:40 p.m. 10. 1720 EL CAMINO REAL - ZONED C-1 - APPLICATION FOR CONDITIONAL USE PERMIT FOR A DAY CENTER FACILITY TO SERVE HOMELESS FAMILIES (REV. CHANNING SMITH, SAN MATEO COUNTY INTERFAITH, APPLICANT; MILLS PENINSULA HOSPITAL, PROPERTY OWNER) Reference staff report, 10.23.00, with attachments. City Planner presented the report, reviewed criteria and staff comments. Seven conditions were suggested for consideration. Commission had no questions of staff. City of Burlingame Planning Commission Unapproved Minutes October 23, 2000 12 Chairman Luzuriaga opened the public hearing. The Reverend Chad Smith represented the Interfaith Hospitality Network Day Center which will provide the professional case management for the families in the program: he noted that the on-site parking required for the Day Center would be minimal just for staff and volunteers, the van pick up and drop off would be off peak; program will have a strong social impact for the community, but the number of families is small; there are already two similar programs on this site so the use is compatible with and similar to those facilities. Chairman Luzuriaga asked for testimony from people in support first. Diana Linn, IHN Director, 1720 El Camino Real; Larry Jensen, 300 - 41st Avenue; Emily Scheinman, 1221 Floribunda; John Chimino, 735 El Camino Real. Comments were have heard concerns about noise, smell caused agency by vans, shared this issue with focus programs, got permission for all vans to load inside parking lot and to have the vehicle turned off completly while people load; on weekends volunteers at Day Center will recommend free and low cost activities off-site for participants if they do not wish to go visit family and friends; in bad weather will offer some activities on site. It is the community=s turn to help children without addresses; need the Day Center for the entire program to work, also need program to clarify our perception of who the homeless families are; own property next door, residential care facility for the elderl y, and support this program and location. Speaking in opposition: Mario Knapic, 1108 Dufferin; Jonathan Gemora, 1104 Dufferin; Carol Costa, 1265 Balboa; James Hansen, 1116 Dufferin; Robert Sims, Dufferin; Rina Knapic, 1108 Dufferin; Grace Wu, 1132 Dufferin; Maria Chen, 1113 Dufferin;Michael Lennon, 1128 Hamilton. Comments: at last meeting submitted a petition in opposition signed by 60 residents of the Dufferin area, it was not referred to by Commissioners nor was it noted in the minutes, these were people with small children and the elderly; this program will add to the problems neighborhood already has, there are enough social programs in this area, the homeless will just increase the problems; two children at St. Catherine=s and live next to Day Center, thank you for amending the schedule for the program at St. Catherine=s, but not convinced about the safety, this neighborhood will be affected not 6 weeks a year but 365 days a year; the side entrance through which clients will enter faces the rear yards of their houses, why can=t they use the front entrance of the buidlding; call homelessness a health issue so can fit the requirements for the conditional use permit, if so should find a place at the county hospital; concerned that the school districts will not provide busing for these children and they will all attend and impact local schools, with maximum class size of 20 in early grads this could have a substantial financial impact, has anyone talked to the school district; feel this Day Center use is out of character in a medical office building, offices don=t have showers or laundry facilities, vans are not stored there, they are not used as people=s home address; this project will reduce property values in the neighborhood, some issues are not clearly addressed within application the vans are an example; there are already a line of CalTrans buses in this neighborhood , BART, and homeless on the railroad tracks affecting this neighborhood; other options are worth considering, this will affect this neighborhood 365 days a year, should be placed in an area where no one lives; have had a number of activities which affect this neighborhood,why do we need to be the testing ground for IHN, what will the children do over the week end and during the day in the summer, there are no recreation programs will they use my lawn; the Day Center will attract a negative element; used to be a quiet friendly neighborhood now heard that there was a rape in the office building and my house has been broken into, don=t feel safe; we heard the Abenefit all@ argument a few years ago with BART, want some safeguards, met with the CEO Peninsula Hospital he says program is just a tenant, he does not see the relationship to medical uses, the hospital will review the lease annually, conditions should be articulated in writing: who will monitor the program, how and to whom should violations be reported; what action will the city take if a violation occurs. Diana Linn, representing the Day Center, responded the McKinney Act insures that free public education, preferably at the school of origin, shall be provided to homeless children; if cannot go to home school Burlingame and Millbrae will absorb children on a space available basis. Commissioner asked: who will monitor Day Center program. Applicant noted director will report to national association monthly, they are morally and financially responsible to the Board of Directors, of which Reverend Chad Smith is Chair, and to funders of program, in addition any citizen complaint will go City of Burlingame Planning Commission Unapproved Minutes October 23, 2000 13 back to the Planning Commission. Families will be responsible for providing child care when their children are out of school as any working parent does, can help them find scholarships if necessary; however, are occasions when all could be on site on a week end day and will provide activities indoor for them when that happens. There were no further comments from the floor and the public hearing was closed. Commission discussion: satisfied that this will work well, condition will insure that compliance is reviewed annually, lot of concern from neighborhood so will be watched closely and can complain to city; did look at the petition, aware of Dufferin neighborhood concerns, do not think the fears will be realized, if they are can report to the city and have the permit revoked. Have to support this because the church sites will not work without, there is more risk in this case but there is a strong physical barrier between this site and the residences and the Police station is close by, the additional conditions that staff be trained for confrontation is also a protection along with additional screening for Megan=s Law. School enrollment is dropping so district is probably not as adverse to taking on these children, we are a friendly community and this program is what friends would do for one another; am opposed to BART and support CalTrain, support this because it works with a small number of people. Program involves a small number, is located near the Police Station, will be reviewed annually so neighbors have an opportunity to bring concerns back before the Commission and revocation can be considered. C. Osterling noted that the Burlingame police have not had an incident with a homeless family; Burlingame schools can take inter-district children to increase headcount and increse ADA dollars; good to add this service to the community, so would move approval of the conditional use permit for a Day Center for five homeless families with children at a maximum of 14 people 1720 El Camino Real by resolution with conditions as amended by staff requiring Megan=s Law screening and conflict resolution training for staff members as follows: 1) that the Day Center facility use for homeless families with children shall be limited to 1720 El Camino Real, Suite 7 (2,730 SF), and as shown on the plans submitted to the Planning Department and date stamped August 8, 2000, Site Plan and Floor Plan (Sheets 1 and 2) with a maximum use of ten (10) on-site parking spaces; 2) that the Day Center facility shall operate seven days a week, within the hours of 7 a.m. to 6 p.m.; the use shall be limited to a maximum of five homeless families with children with a maximum of 14 persons and five staff members and volunteers; 3) that as required by the Chief Building Official there shall be no cooking facilities or overnight sleeping at this location; 4) that any changes in operation of the service offered, including hours of operation, floor area, use, or number of homeless families with children or total persons participating in the program which exceeds the maximums as stated in these conditions, shall require an amendment to this use permit; 5) that the Day Care facility staff shall contact the City of Burlingame Police Department=s Operations Division Commander and the Fire Department=s Fire Marshal for program coordination and volunteer training purposes, and shall review the program materials and training needs annually with representative of these agencies; 6) that, as a part of the screening process, the Interfaith Hospitality Network or provider shall do a Megan=s Law check of each client before the client or any family member is allowed to become a part of the program; 7) that at all times at least one of the supervising persons on the Day Center site shall be trained on how to deal with the type of adversarial situations which may arise in such a program, the content of this training shall be reviewed regularly by a representative selected by the Burlingame Police Department the Operations Division Commander; 8) that the use of the Day Center facility and any improvements or changes made to the building for this use shall meet all California Building and Fire Codes, 1998 Edition, as amended by the City of Burlingame; and 9) that this conditional use permit shall be reviewed annually, in January, for compliance with the conditions of approval. The motion was seconded by C. Vistica. Chairman Luzuriaga called for a voice vote on the motion to approve a conditional use permit for a Day Center to assist five homeless families with children (maximum of 14 people) in 2,700 SF at 1720 El Camino Real with amended conditions. The motion passed on a 7-0 voice vote. Appeal procedures were advised. This item concluded at 12:30 p.m. X. PLANNER REPORTS City of Burlingame Planning Commission Unapproved Minutes October 23, 2000 14 - Review of City Council regular meeting of October 16, 2000. CP Monroe reviewed the council actions at their October 16, 2000, meeting. Chairman Luzuriaga noted that he had, at their request, met with the Burlingame Homeowners Association and they inquired about requiring public notice for demolition permits. The history of past discussion on this topic was reviewed briefly. XI. ADJOURNMENT Chairman Luzuriaga adjourned the meeting at 12 :45 p.m. Respectfully submitted, Ann Keighran, Secretary UNAPPROVEDMINUTES10.23