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HomeMy WebLinkAbout970 Davis Road - Staff Report (3)Ciry of Burlingnme P[nnning Commission Minutes February 23, /998 APPLIC ION FOR A SPECIAL PER AND PARKING VARIANC FOR THE EXPANSION OF A XISTING RESTAURANT 1190 CALIFORNIA DRIV , ZONED UNCLASSIFIED, (U ERTO GIBIN, NEXT CENT Y RESTAURANTS, APPLI NT AND PUBLIC UTILITIE C MISSION OF THE CITY D COUNTY OF SAN FRA ISCO WATER DEPARTM T ND THE PENINSULA RRIDOR JOINT POWER BOARD OF THE STAT OF CALIFORNIA, PROPERT OWNERS). (77 NOTICED,�CONTINUED TO THE MQ'NDAY, Chair Key noted 9, 1998, howeve to allow anvon� were no 1998. h�,p'the applicant has requested a ntinuance of this item to the eting of March ��ince this item was noticed the ommission would open the pu ic hearing tonight ho might be here and unable attend the meeting on March , to comment. There s from the floor and the lic hearing was continued to e meeting of March 9, �PUBLIC HEARING TO CONSIDER REVOCATION OF A CONDITIONAL USE PERMIT FOR OUTDOOR TRUCK STORAGE AT 970 DAVID ROAD, ZONED M-1 (JOEL BECK, PROPERTY OWNER). (14 NOTICED) Chair Key noted that the property owner/business operator in this permit revocation has requested a continuance of this matter to the meeting on March 23, 1998, since this item was noticed for a public hearing the commission will open the public hearing tonight to allow anyone who might be here and unable to attend the meeting on March 23, 1998, an opportunity to comment. There were no comments from the floor and the public hearing was continued to the meeting of March 23, 1998. APPLICAT N FOR A SPECIAL PERMI FOR TAKE-OUT FOOD ASS CIATED WITH A PERMIT D RESTAURANT USE AT 1 5 DONNELLY AVENUE (IN R R OF BUILDING AT 1218 1230 BURLINGAME AV UE), ST. CLAIR'S, ZON G1, SUBAREA A, BU INGAME AVENUE COMM CIAL (ST. CLAIR'S, APPLIC T AND HAMMER I LLC, Reference staff report, 02. .98, with attachments. CP nroe and Commission discus d the request, reviewed criter' , Planning Department comme s, and study meeting questi s. Six conditions were reco ended for consideration. The are 24 parking spaces at the ear of this building on the site an they be designated to partic r tenants, yes; when the plans ere submitted for Banana Repu ic and Pottery Barn this area w shown as storage, does that a ct the restaurant designation o his site, no; the area inside des' nated for seating is sized for occupancy of only 17 people, es. There were no further ques ' ns from the commissioners. Chair ey opened the public hearing. illy Harris, 267 Edgewood, Pa fica, Martin Drelling, 1103 Ju ita, and Alex Podell, 1201 Ho rd spoke representing the pro' ct. This is a relocation of an--' isting use, it had a low impact the previous location and was f'rly successful; this is an excellent situation at the back of this hu' ing, on Donnelly which is bec ing a stronger pedestrian location; can designated parking wit n parking lot be shifted and t o spaces dedicated to this use; yes if needed; the only storage n this site was some personal ds for a year or two; project show 60-70 customers increase to 0 in five years, a doubling; im ct low because of specific use„eustomers are , -3- MINUTES CITY OF BURLINGAME PLANNING COMMISSION February 23, 1998 7:00 P. M. CAL TO ORDER A re ular meeting of the Pla ning Commission, Ci Ke on February 23, 1998 t 7:00 p.m. R LL CALL Commissioners Coffey, Absent: Staff Present MINUTES None City Planner, Marg Keith Marshall of Burlingame was Galligan, Monroe; City - The minutes for , were corrected: � then approved as a voice vote 7-0. AGENDA - ineeting of the Febr 3, line 1 to read; of rected, moved by C. to order by , Mink, Wellford ', Frank Erbacher; Fire 9, 1998 Planning �a;l columnar; the � igan, seconded by Key nmission �tes were Deal, on CP Monroe noted that the applicants of two action items have requested to be continued from tonight's agenda. Since these items have been noticed for hearing tonight, the CA has suggested the commission open the public hearings on these items tonight and then continue the hearing to a date certain. In this way any testimony received tonight becomes a part of the record for each item, in the event that the interested party is unable to attend a future meeting where the item is considered. Based on this CP Monroe asked that items 5, 1190 California Drive, and 6, 970 David Road, on the action calendar be moved to the top of the action calendar and renumbered items 4 and 5, respectively. Bud Ha ison, 376 Lexington W y, approached the commission noting he was not an ld Planning Commissio er but a former one. He went on to note that he wo ld like each Planning C mmissioner to take the opportunity to visit the site a 1545 Bernal, and make the decision based on what the commissioners see i the field. APPLICATION FOR A PECIAL PERMIT AM DMENT TO ALLOW NTERIOR WATER A D SEWER SERVICE (W T BAR, SHOWER, SI AND TOILET) TO MAIN; AND ALLO A WINDOW WITHIN '-0" OF THE REAR P OPERTY LINE TO R MAIN IN AN EXIST G ACCESSORY STRU TURE LOCATED AT 45 BERNAL AVENU , ZONED R-1 (PAUL .& V. M. MALONE PPLICANTS AND PRO ERTY OWNERS . After a brief pres ntation of the project fro the staff the Commiss' ners asked that the questions be add ssed: explain where the h t water heater would be relocated; want an ex and documentat' n of what it will mean for e existing structure to m et the requirements of Chief ✓ �i /� ITEM �� 6 CITY OF BURLINGAME Revocation of a Conditional Use Permit for Truck Storage Address: 970 David Road Cs��i�� � m,.�,� 2�. Meeting Date: 2.23.98 Request: Revoke the conditional use permit for outdoor truck storage at 970 David Road for failure to comply with the conditions of approval and for creating a public safety hazard. Applicant: Joel Beck Lot Size, Area: 20'x 253', .116 a.MOL General Plan: Industrial, Industrial and Office Use Adjacent Development: Warehouse and Industrial Uses APN: 025-272-160 Zoning: M-1 CEQA Status: Categorical Exemption, Section: 15321 Class 21 consists of: (a) actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued,adopted or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. Such action include, but are not limited to, the following;(1) the direct referral of a violation of lease,permit, license, certificate, or entitlement for use or of a general rule,standard, or objective to the Attorney General, or City Attorney as appropriate, for judicial enforcement. Previous Use: Vacant lot, part of railroad spur track right-of-way. Proposed Use: Outdoor, uncovered truck and equipment storage. Allowable Use: Outdoor/uncovered Truck and equipment storage with a special permit. Summary: The City Planner has found that use of the site at 970 David Road is not in compliance with the Conditional Use/Special Permit granted to the site by the Planning Commission on August 22, 1994. The use permit requested by BK Bobcat represented by Joel Beck was to allow outdoor truck storage at 970 David Roacl. The submittal of this application was the result of code enforcement by the city attorney (Coleman letter May 2, 1994). At the time of the application the lot had been regraded, covered with gravel, was partially fenced and had been used for two years to store trucks out-of-doors with out a permit. As a part of the use permit Mr. Beck indicated that he would complete the fencing and add a gate at the front of the lot. Subsequent to granting the permit (September 1994) this work was completed, as well as pouring a new curb cut to city standards. The conditions of the original permit required that the facility would be open from 7:00 a.m. to 5:00 p.m. Monday through Sunday with a maximum of four employees on site at any one time, that a curb cut installed to city standards should be placed on Davis Road, and that the project would meet all the requirements of the Uniform Building and Uniform Fire Codes as amended by the City of Burlingame. (Planning Commission Minutes August 22, 1998, Action letter September 7, 1994). Subsequent to granting the permit the applicant has added two storage structures (a metal shed and a shipping container) to the site as well as a large plywood structure in which he stores and works on large equipment. A number of months ago the applicant requested electrical service to the site. It was installed and he commenced using it to enlarge his capabilities to work on equipment on the site. The city ordered this service removed because the buildings on site were not permitted nor had electrical work on-site been inspected. Further the electrical work had been performed in an unlawful structure. The work in the structure also had not been inspected and is presumed hazardous. Since the removal of the electrical service, the applicant has