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HomeMy WebLinkAbout1011 Cadillac Way - Staff Report_ � , P.C. 8/11/86 Item #5 (� �,��. MEMO TO: PLANNING COMMISSION FROM: SUBJECT: CITY PLANNER VARIANCE TO ON-SITE SEPARATE PARCEL FOR WAY, ZONED R-4 PARRING REQUIREMENTS TO CREATE A AN OFFICE BUILDING AT 1011 CADILLAC Mike Chandler is requesting an eight space parking variance (18 spaces required) for an existing nonconforming office building in an R-4 zone in order to convert the site from a leasehold to fee simple ownership (Code Sec. 25.70.030). This existing office building originally served as the construction office, then leasing office for Northpark Apartments. When it was no longer needed for that purpose Mike Chandler bought the structure to use as an insurance office. Northpark retained a long term lease on the land. The designated leasehold site was big enough for the office building and ten parking spaces. Over the years Mr. Chandler owned the building Northpark arranged for Mr. Chandler to lease 10 additional spaces during the day from their required residential parking. Northpark is willing to continue this lease agreement to the new owner, but a variance is needed because with the separation of the leasehold under the office building from the rest of Northpark's holdings, these leased spaces become off-premise parking. The code does not allow on-site parking requirements to be met on a separate site without a variance since these spaces are not under the control of the property owner. Moreover, this arrangement was unique since it represented a shared use of required parking, the office use during the day (8:00 A.M, to 5:00 P.M.) and the residence at night. However, since the areas used were all in the same ownership, they technically met requirements of the city code for required parking. Staff Review City staff have reviewed the request. The Fire Prevention Officer (July 8, 1986 memo) and the Chief Building Inspector (July 9, 1986 memo) had no comments. The Director of Public Works (July 21, 1986 memo) noted that he had no objection if the spaces could be leased for a long term from Northpark. Planning staff would note that even if the long term spaces are available this office site would need a parking variance because leased spaces are not in the same property ownership. The variance would go with the land. The office use is nonconforming in the R-4 zone. The building has been continually used for office so the nonconformity is not an issue. Even with the parking variance the use would continue to be nonconforming and, if the office use were discontinued for six consecutive months or the structure destroyed over 50�, the office use could not be reinstituted. Applicant's Letter Mike Chandler wrote a letter describing his request and the reasons for it. He notes the building is about 5,000 SF and requires under current parking requirements 18 spaces. There are 10 parking spaces on site. -2- He would like Commission to consider the 10 spaces leased from Northpark as offsetting the eight spaces he is short on site. He feels that the shared (day/night) use of the space is complementary and should not be subtracted from Northpark's parking. He states he understands that the concept of shared parking has been used elsewhere in Burlingame. In addition he notes that this shared use has been employed since he owned and occupied the building, the variance won't affect anyone's safety, welfare and public health, and that the Northpark Apartment owners agree to the sale and lease and the variance won't affect the zoning in the city. This action is merely being taken to formalize and legalize an arrangement which has existed for at least the past 15 years. A letter from Mr. indicating that he of the variance. Study Questions Thomas Newman (July 17, 1986) is also attached represents the potential purchaser who is in favor The Planning Commission had two questions at study (Planning Commission Minutes, July 28, 1986>. The lease agreement negotiated between Northpark and the buyer is for shared use of the 10 parking stalls for 20 years. The term of the lease is five years with three subsequent five year extensions (total 20 years). The contractor, Joe Harvey, was contacted regarding alternative parking arrangements. He is trying to contact the property owners involved. Planninq Commission Action The Planning Commission should hold a public hearing. Affirmative action should be taken by resolution. The reasons for any action should be clearly stated. At the public hearing the following conditions should be considered: l. that the parcel map as filed and recorded conform to the map submitted to the Planning Department and date stamped June 30, 1986; 2. that the 10 parking spaces on site be clearly marked and designated for the use of the office building's occupants and that the property owner shall be responsible for maintaining markings and enforcing use; 3. that the property owner secure and maintain for at least 20 years a lease to use 10 parking spaces on the adjacent Northpark apartment site for use from 8:00 A.M, to 5:00 P.M., Monday through Friday, and that these parking spaces be clearly marked/posted for the office use during these times, the posting to be installed and maintained by the owner of the office building with the consent of the Northpark Apartment management; 4. that the striping of the parking spaces leased from Northpark Apartments be maintained by the owner of the office building; and -3- 5. that if Northpark should ever convert to condominium use during the 20 year term of the lease that they would make arrangements to provide eight permanent parking spaces for the office or make arrangements to allow weekday, daytime use to continue. �/�/]�/j� � "`�C1 �� �.vl Margaret Monroe City Planner MM/s cc: Mike Chandler Eric Rath, Northpark Properties, et al David T. 0'Neal, Jr., c/o Thomas W. Newman Joe Harvey Eric Rath (465-7500) Northpark Prop. et al CC d�SO t0: PROJECT APPLICATION ���"�" °� 1011 CADILLAC WAY �r CEQA ASSESSMENT BURLINGAME project address- �b,�p'���;'� project name - if any Application received � 3/3/86 Staff review/acceptance ( 7/9/$( j 5�/� 1. APPLICANT Michael Chandler 692-� name telephone no. 1733 California Drive, Burlingame, CA 94010 applicant's address: street, city, zip code �/ Michael Chandler 692-9�� contact person, if different telephone no. 2. TYPE OF APPLICATION Speci�?1 Per�it () Variance* (X ) Ccnc�omini�m Perr•.it () Other *Attach letter which addresses each of the 4 findings required by Code Chapter 25.54. s. PROJECT DESCRIPTION PARKING VARIANCE to allow 10 on-site parking spaces for this existing office building (18 required). The building and 10 spaces are located on a leased parcel. Now the land owner proposes to subdivide the property at the lease line and create two separate parcels. The office buildinq would therefore be left with 10 on-site parking spaces althou h the land owner proposes to lease the remaininq required parkinq spaces from the apartment for daytime (office hours) use. a c/o (attach letter of explanation if additional space is needed) Ref. code section(s): ( 25.70.030 ) ( PROPERTY IDENTIFICATION �AP 026-231-270 � ( R-4 ) zoning district Friedkin-Becker land owner's name Reauired �yes) (no) (yes ) � Nly Ptn of Parcel ( ) ( ) lot no. block no. ( .30 Ac MOL. ) land area, square feet 1, Parcel Map Vol. 13/18 (subdivision name 300 Grand Avenue �ark�and, CA 94610 Date received city zip code ( - ) Proof of ownershio (MISSING ) Owner's consent to application David T. 0'Neal, Jr. c/o Thomas W. Newman 5 First San Francisco Corp. 989 E.Hillsdale Blvd.#200 Foster City, CA 94404 Joe Harvey (Nicolaides) EXISTIPIG SITE CONDITIONS Existing ±5,300 SF building on a±13,000 SF parcel with on-site parking for 10 cars. Reo,ui red �YeS ) %$) (3�e�s) (no) (�Fs) (no) (�c�) (no) (other) Date received ( 6/30/86> ( 2/28/86j Site plan showing: property lines; public sidewall;s and curbs; all str�!ctures and improvements; paved on-site parkino; landscaping. Floor plans of all buildings showing: gross floor area by type of us�`on each floor plan. Building elevations, cross sections (if relevant). Site cross section s) (if relevant). letter of exp anation *Land use classifications are: residential (show # dwelling units); office use; retail sales; restaurant/cafe; manufacturing/repair shop; warehousing; other (to be described). 5. PROJECT PRnp�SAL NO NEW CONSTRUCTION IS PROPOSED Proposed censi:ruction, �elow qrade ( - SF) Second floor ( - SF) gross floor area First floor ( - SF) Third floor ( - S�) COde EX1 Stl nc� RPqui rem�nt Front setback � 15' Side setback - n�d Side yard Q�1$' S' Rear yard 44' 15' EX1St1C1 Code g Requirement Lot coveraae 41 . 4% 50% max . Ruildin� height 35' SP over 5' Lar.dscaoed area - - on site �k�.space�- ],O 1 8 6. PROJECT PROPOSAL (continued) Full tir�e em�loyees on site Part time emnloyees on site Visitors/customers (weekday) Visitors/customers (Sat.Sun.) Residents on property Trin ends to/from site* Peak hour trip ends* Trucks/service vehicles 7. EXISTING after 8-5 5 PM IPl 2 YEARS � after 8-5 5 PM *Show calculations on reverse side or attach senarate sheet. ADJACENT BUSINESSES/LAfJD USES Restaurant and service station to the north; IP! 5 YEARS after 8-5 5 PM Northpark apartments �o the east and south; auto sales to the west; this building is an existing, nonconforming use at this location and should be allowed Required Date received 0 COn 111U� e. Fyes) (no) ( ' ) Location plan of adjacent properties. (3�es) (no) ( - ) Other tenants/firms on property: no. firr�s ( ) no. employees ( ) floor area occupied ( SF office space) ( SF other) no. employee vehicles regularly on site ( ) no. comoany vehicles at this location ( ) 8. FEES Special Permit, all districts $100 () Other application type, fee 3 () Variance/R-1,R-2 districts $ 40 () Project Assessment $ 25 (X ) Variance/other districts $ 75 ( X) Negative Declaration $ 25 (X ) Condominium Permit $ 50 () EIR/City & consultant fees $ () TOTAL FEES $125 . �� RECEI PT NO 131 OH Recei ved by B• wh i ttemore I hereby cer ify under penalty of perjury that the information given herein is true.and co ect to the best of knowledge and belief. ' 3/3/86 Signature � �+'• � c � t�` f � �t L�� t�� �_ - Date pp icant STAFF USE ODlLY NEGATIVE DECLARATION File No. The City of Burlingame by on completed a review of the proposed project and determined that: ( ) It will not have a significant effect on the environment. ( ) No Environmental Impact Report is required. Reasons for a Conclusion: 19_, Categoricall.v exempt: Reference Code Sec. 15301, Existing Facilities. r��' 2Q�- 6U..�Y1(� `� � 3► 9� gnature of Processino fficial T tle ^ Dai; Signed Unless appealed within 10 days hereof the date posted, the deternination shall be final. DECLARATIO'V OF POSTI^JG Dai;e Posted: I declare under penalty of perjury that I ar� City Clerk of the City of Burlingame and that I posted a true copy of the above Ne�ati��e Declaration at the City Hall of said City near the doors to th� Council Chambers. Executed at 6urlingame> California on Apoealed: ( )Yes ( )P;o 19 JUDIfHT.- M�LFATT�-CITY CLERK, CITY ('r= oURLINGAh1E STAFF REVI EW 1. CIRCULATION OF APPLICATIOPd Project proposal/plans have been circulated for review by: Ci ty Engi neer Building Inspector Fire Marshal Park Department City Attorney date ci rcul ated ( 7/2/86 ) � �� ) � " ) � — ) � — ) reply received (yes) (no) (yes) (no) (yes) (no) (yes) (no) (yes) (no) 2. SUMMARY OF STAFF CONCERNS/POSSIBLE MITIGATIOPJ MEASURES memo attached (yes) (no) (yes) (no) (yes) (no) (yes) (no) (yes) (no) Concerns Mitigation Measures Does the applicant satisfy the Review applicant's letter; four legal requirements for a make findings. Variance? Will the proposal comply with Request comments from the all Fire and Building Code Fire Marshal and Chief Bldg. requirements? Inspector. 3. CEQA REQUIREP�EPlTS If a Negative Declaration has not been posted for this oroject: Is the project subject to CEQA review? No - categoricallv exempt. IF AN EIR IS REQUIRED: Initial Study comoleted Decision to prepare EIR Notices of preparation mailed 2FP to consultants Contract awarded Admin. draft EIR received Draft EIR accepted by staff Circulation to other agencies � � � � � � � � ) ) ) ) ) ) ) ) Study by P.C. Review period ends Public hearing by P.C. Final EIR received by P.C. Certification by Council Decision on project Notice of Determination 4. APPLICATIOP� STATUS Date first received (3/3/86 ) Accepted as complete: no( X) letter to applicant advising info. required (3/ 1 0/ 8 6 ) Yes( ) date P.C. study (��28�g6 ) Is application ready for a public hearing? (yes) �(no) Recommended date ( Q//i ��) Date staff report mail�ed� doplicant (�d v G) Date Commission hearing (4' f;/ !;'�) Application approved (J ) Denied ( ) ' Appeal to Council (yes) no) Date Council hearing ( ) Apnlication aporoved ( ) Denie Il�"1(�►I��p� •/ .�' � � signed date cxaNni.Ex INSURANCI�: MANAGEMENT S F R V I C F S 1 � C I) K P O R A 7' F, t) February 26, 1986 Ms. Helen Williams c/o Planning Department Burlingame City Hall Burlingame, CA 94010 K1�,�,C� � �� � � � � � �9$6 CI� NNI� pEp ME Dear Ms. Williams: I would like to request your consideration of a variance for the parking requirements for the building located at 1011 Cadillac Way, Burlingame, California. It is my understanding that Burlingame code requires one parking space for every 300 square feet of commercial office space or 18 spaces for the Cadillac Way building of approximately 5,300 square feet. The building currently has 10 spaces on site. The variance requested would count 10 spaces leased from Northpark Apartments (copy of lease attached) for the purpose of fulfilling the balance of the code requirement. I would like to further request that since the parking spaces leased are for daytime parking only (office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday) the parking spaces being leased be counted in fulfilling the parking requirements for 1011 Cadillac Way and the Northpark Apartments and, specifically, that the leased spaces not be deducted from the current spaces counted for Northpark parking requirements. It is my understanding that a similar variance was granted in Burlingame whereby parking spaces were used by one business for daytime business use and another for nighttime and weekends. 1733 California Drive, Burlingame, California )4010. (800) 242-6353 in California, (800) 831-1388 outside California Ms. Helen Williams February 26, 1986 Page 2 I further request that you consider the following: A. That there are exceptional and extraordinary circumstances involved and that a denial of variance will result in substantial and undue property value loss. B. The variance requested is necessary to preserve and enjoy property rights which has been used and exercised by the current owner during the entire period of his ownership. C. The granting of the variance will have no impact whatsoever on the property rights, safety, welfare, public health or enjoyment of property rights of others and is in full concurrence and agreement with the owners of Northpark Apartments. D. The variance requested would have no adverse effect on the zoning of the city. The building located at 1011 Cadillac Way has been used as office space for approximately 15 years, 8 under current ownership. An additional 10 parking spaces have been made available by the current and past owners of the Northpark Apartments for daytime business hours use. This request is made to formalize and legalize that use under current Burlingame City Code requirements. Thank you for your consideration. � ,, � A � ; ���..�.._� Owner First San Francisco Corporation INVESTMENT BANKERS Thomas W. Newman July 17, 1986 Ms. Margaret Monroe City Planner City of Burlingame San Mateo County City Hall - 501 Primrose Road Burlingame, CA 94010 h I�, �v �: U ��.. J�V •.� CI P��MNING DEP7ME 989 East Hillsdale Boulevard • Suite 200 Foster City, California 94404 •(415) 349-5050 TWN-86-133 SUBJECT: Change of Ownership - 1011 Cadillac Way, Burlingame, CA Dear Ms. Monroe: Please be advised that Mr. David T. 0'Neal, Jr, is purchasing the property located at 1011 Cadillac Way through Escrow No. O1-901145-KC at Chicago Title in Burlingame. It is anticipated that this escrow will close on Tuesday, July 22 after which time Mr. 0'Neal will be the sole owner. Mr. 0'Neal has authorized me as attorney in fact to represent him in negotiating the contracts for rehabilitation and the applications with respect to the variance and the subdivision already in process with the City. Please be further advised that we will be using Joe Harvey and Nicolaides Builders as the general contractor in performing the rehabilitation work to be done. Should you have any auestions, pleas� call me at 349-5050. Thank you for your attention to this matter. Si �rely, � �� � \ 'i � �/� �'��h� s . �ewman�.�-- Attorney in Fact for David T. 0'Neal, Jr. /vh cc: Mr. Joe Harvey Nicolaides & Son, Inc. DATE : ��.?%�G MEMO T0: CISY ENGINEER ,�•�IEF BUILDING INSPECTOR FIRE MARSHAL FROM: PLANNING DEPARTMENT SUBJECT: /°�ii�ir � ��iY� %�� tA1�/ i/ i.-� o 0��� CC Q. f ID �� ` GtGi%/ /! � v ;�/l'{:!.✓ (�� / lGj Gf�1 i�ll � . : �L� �•�w S� sC , ��� t ,�, An application has been received for the above project for review by the Planning Commission. The application will be scheduled for �T�� y at tl�eir �Z��d'/� meeting. We would appreciate having your comments by %�/�'��� ,%l � �/ �, 9-%�� Thank you . � a ,� ,�" /�► r, � ,.,`• ,�� /� - � � Helen Williams Planner S� dtt. �G� C_ d .�r� �� � . � A � � � � ` \ � /1�iL�'-'� Cn'l. �aTE: %/�j�� MEMO T0: CITY ENGINEER CHIEF BUILDING INSPECTOR vf�IRE MARSHAL FROM: PLANNING DEPARTMENT SUBJECT: %�'f �'n-� ��"r�kH c_� /(/CC.GI Lt'LG' ! C./ k' 6i.; ' "�: %`r� c°4/iI`i:�_st 0,;�,1C �jf /0/i �Gc. �1/!� c� /i- / � � i(`' �'i r Yi;, .� - ,✓��l-c't:.: � (�� / l j !. r�i.�<l > _ An application has been received for the above project for review by the Planning Commission. The application will be scheduled for �TG�� y at tf�eir 7����'/v meeting. We would appreciate having —��—,, your comments by % /�' �'� Thank you. Helen Williams Planner 5� �-�-�8� att. �V lt=l,t� � 01-� Si�,� , � ►-� cA� �1 �,�r� DATE : ,��/�� MEMO T0: �TY ENGINEER CHIEF BUILDING INSPECTOR FIRE MARSHAL FROM: PLANNING DEPARTMENT SUBJECT: /�'��i�r! ��'��2y�c�� �,� r �/�tt,ct ���: !L� ��� ?'t� ,q� %lc2 �x/:%J�i��-� ���,C.G Q.f /D/� ���%1�1� � S/ s� r �j� � -%.1�rcC.� ( �� �-«'I Gr.i'�-�) , An application has been received for the above project for review by the Planning Commission. The application will be scheduled for �T�-� y at tl�eir 7���d'/v meeting. We would �ppreciate having » yo ur c ommen ts by 7�/�'��'� �T Thank you. Helen Williams Planner S� dtt. %� - L�4 n.� � i n.�' Ci �/� � r''� , �E� n � 1 �� 1��2,<<s / / � ' / / V .L7 � ' �) ] �' t/r t"' "9 i � ,3 �Ot�. G-C J" C f-�/i �fJ� V /�s.s �.� �� ��.- s �-..,.- , �, �-�--�� Page 8 Burlingame Planning Commission Minutes July 28, 1986 the E�►bassy Suites Hotel, it will combine several parcels of land, subdivided lands and State lands; it indicates some easements which will be abandoned, public access easements and utility easements to be accepted and other easements as needed. The map is ready for City Council approval. CP noted for the record this map will not become final and effective until it is signed by the State of California. Howard Hickey, civil engineer, was present. Chm. Schwalm opened the public hearing. There were no audience comments and the public hearing was closed. C. Jacobs moved to recommend this tentative and final parcel map to City Council for approval, all parties including the State of California are required to sign the map. Second C. Graham; motion approved on a 5-0 roll call vote, C. Giomi absent. Staff will forward to Council. Recess 9:32 P.M.; reconvene 9:40 P.M. ITEMS FOR STUDY 10. VARIANCE TO ALLOW AN EXISTING HOME TO BE REMODELED TO FOUR APARTMENTS - 315 EL CAMINO REAL Requests: length of the substandard driveway; include correspondence with adjacent property owner in action packet. Item set for hearing August 11, 1986. 11. VARIANCE TO CREATE A SEPARATE PARCEL FOR AN EXISTING OFFICE BUILDING AT 1011 CADILLAC WAY Requests: clarify length of lease for the 10 parking spaces; are there other parking alternatives. Item set for hearing August 11, 1986. 12. TENTATIVE AND FINAL PARCEL MAP - 1011 CADILLAC WAY Item set for hearing August 11, 1986. 13. SIGN EXCEPTIONS - 101 CALIFORNIA DRIVE Requests: does this site have a master sign permit; was Sign C previously approved or is it a new sign. Item set for hearing August 11, 1986. 14. SPECIAL PERMIT TO EXTEND OPERATING HOURS - WALGREEN DRUG - 1420 HOWARD AVENUE Requests: will liquor department also be open for the hours requested; how were original hours established. Item set for hearing August 11, 1986. Page 7 Burlingame Planning Commission Minutes July 28, 1986 control of expansion and more intensive use of land; in this case he is using space which is already there; other merchants have not objected; believe there has been adequate justification for a finding of hardship. Motion approved on a 5-0 roll call vote, C. Giomi absent. Appeal procedures were advised. 8. SPECIAL PERMIT TO ALLOW AN ART STUDIO AND SCHOOL AT 1530 GILBRETH ROAD, ZONED M-1 Reference staff report, 7/28/86, with attachments. CP Monroe discussed details of the request, staff review, Planning staff comment, applicant's letter, property owner's letter, study meeting questions. Three conditions were suggested for consideration at the public hearing. Discussion: this use would more properly belong in the C-2 district; the zoning code requires a use permit for classes in any district; area proposed for this use would require one parking space for warehouse use, four parking spaces for office use. Geri Kelly, applicant, was present. She expressed some concern about the CE's requirement that no classes by held between 4:00 an3 6:00 P.M.; this condition could be modified to read "no classes shall begin or end between 4:00 and 6:00 P.M." All classes will be taught by the applicant herself, not 12 hours a day every day, schedule presented is an overall schedule. Chm. Schwalm opened the public hearing. There were no audience comments and the public hearing was closed. With the statement this use would have less impact than an office use and that there are racquetball clubs in the M-1 district already, C. Jacobs moved for approval of the special permit and for adoption of Commission Resolution Approving Special Permits with the following conditions: (1) that the art studio/class use be limited to the hours of 9:30 A.M. to 8:00 P.M, and 9:00 A.M, to 2:30 P.M,, Monday through Saturday, except that no classes shall begin or end between the hours of 4:00 P.M. and 6:00 P.M. daily. Classes shall be limited to a maximum of eight students and one instructor and have a maximum duration of three hours; (2) that this use shall be operated in conformance with the requirements of the Uniform Building Code and Uniform Fire Code; and (3) that this use permit shall be reviewed in one year's time (July, 1987). Second C. Graham; motion approved on a 5-0 roll call vote, C. Giomi absent. Appeal procedures were advised. 9. TENTATIVE AND FINAL PARCEL MAP FOR RESUBDIVISION OF LOTS 2 AND 3, BLOCK 6, ANZA AIRPORT PARK NO. 6 AND A PORTION OF THE LANDS OF THE STATE OF CALIFORNIA, PROPERTY OCCUPIED BY THE EMBASSY SUITES HOTEL, 150 ANZA BOULEVARD Reference agenda memo from the DPW, July 22, 1986. CE Erbacher reviewed the item; this map is one of the conditions of approval for C I T Y 0 F B U R L I N G A M E MEMO T0: PLANNING COMMISSION FROM; PLANNER SUBJECT: 1011 CADILLAC WAY, STUDY QUESTIONS At the July 28 study meetinq the following information was requested: l. Duration of the parking lease agreement: the lease is for a five year term with three options to extend the lease an additional five years for a total of 20 years (Exhibit A, pp. 1 and 3). 2. Parking alternatives was discussed with Joe Harvey. He will be in contact with the new property owner and alternatives will be discussed at the public hearing. /��- �-P.��►� Helen Williams Planner HW/s / / � f � p ��',T ' L� .,,s ?'�4r� ' \ �.. ,/ . . 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City of Burlingame 501 Primrose Road Burlingame, CA 94010 I hereby certify this to be a full, true and correct copy of the document it purports to be, the original of which is on file in my office. Date. � � ���� � V --- � Margaret M nroe, City Planner 11/2/84 Rr ��� ��;;- AF ` h'� 8610380`� L��UilUk�! Al f1kUUk51 U; `�"�- ���i/�n.C� � � � �u� cl � 3p rM °�p ''^:,,F,1''i�t � �+I,'r,,ri.F'tCi1rG�R st:�r r�a���� c����r;tY ��F F�i.r,i,a� �r r:o►�os RESOLUTIO:� �o. 23-86 RESOLUTION APPROVING Variance � RESOLVED by the Planning Commission of the City of Burlingame that; , I WHEREAS, application has been made for a Variance i �! to on-site parkinq requirements to create a separate ! parcel for an office bui1dinq j I at 1011 Cddi 11 aC Wdy (p,pp� 026-231-270 �, � ' and - i i I i taHEREAs, this Commission held a Public hearing on said ' application on AUgUSt 11 ,lgp6 � ; :70W THEREFORE, it is hereby RESOLVED and DETERPIINED by this Planning Commission that said Variance is approved, subject to the conditions set forth in Exhibit "A" attached hereto. It is further directed that a certified copy of this I resolution be recorded in the official records of the County of i San 29ateo. f� _ � / .� , ^ �_, _.; /,,� i , %;/ ,� � „� .,�, / � "Jarnette M. Giom,; � Chairman Charles F. Schwalm, Vice Chairman I, X���Xv�.X���� �CXJ�3CdC�C}X of the Planning Comr,iission of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the Planning Commission held on the Zlth day of August ,1986 , by the following vote: AYES: NOP•.S : ABSENT: corir�zssioN�,Rs: GARCIA,GIOMI,JACOBS,SCHWALM � COMMISSIONERS: NONE , cocKr�rsszorrERs: GRAHAM/LEAHY . � � � 1 �.�Zjc� t E- -� i � - �iH%i°tr z10 -l�fdhlr � - 6 GC1'Q{`flSt7 - - - Charles F. Schwalm, Vice Chairman ��tP C�t��? II� �1t��t2�T��tYTtF SAN MATEO COUNTY CITY HALL- 501 PRIMROSE ROAD BURLINGAME,CALIFORNIA 94010 TEL:(415) 342-8931 NOTICE OF HEARING .� NOTICE IS HEREBY GIVEN that Monday, the llth day of Auqust, 1986 , at the hour of 7:30 P.M., in the City Hall Council Chambers , 501 Primrose Road, Burlingame, California the Planning Commission of the City of Burlingame will conduct - a public hearing on the application to allow 10 on-site parking spaces (18 spaces required) for an existing office building at 1011 Gadillac Way, zoned R-4, a�_ ar of a subdivision proposal to create two separate parcels At the time of the hearing all persons interested will be heard. For further particulars reference is made to the Planning Department. MARGARET MONROE CITY PLANNER August 1, 1986 u � RESOLUTION VO. � RESOLUTION APPROVING Variance ; RESOLVED by the Planning Commission of the City of Burlingame that; i i, WHEREAS, application has been made for a UdY'1d11C2 �, to on-site parking requirements to create a separate I I� ' ;i parcel for an office bui1dinq ,, �` at 1011 CddilldC Wdy (ppN 026-231-270 �,' I, � and . �� WHEREAS, this Commission held a Public hearing on said � � application on August 11 19II6 i , CIOW THEREFORE, it is hereby RESOLVED and DETERMINED by I this Planning Commission that said Variance is approved, I subject to the conditions set forth in Exhibit "A" attached ' hereto. � It is further directed that a certified copy of this � ! resolution be recorded in the official records of the County of i I i San i4ateo. � � � ( ; Nannette M. Giomi I Chairman � I � � I, ROBERT J. LEAHY, Secretary of the Planning � Commission of the City of Burlingame, do hereby certify that I the foregoing Resolution was introduced and adopted at a regular � meeting of the Planning Commission held on the Zlth day of August ,1986 , by the following vote: AYES: CObiMISSIONERS: I NOES: COMMISSIONERS: - � -• ABSENT: COMMISSIONERS: � Robert . Lea y � 11/2/84 Secretary � "EXHIBIT A" Conditions of approval, parking variance, 1011 Cadillac Way (effective August 19, 1986) Property owner: David T. 0'Neal, Jr. c/o Thomas W. Newman First San Francisco Corp. 989 East Hillsdale Blvd. - #200 Foster City, CA 94404 l. that the parcel map as filed and recorded conform to the map submitted to the Planning Department and date stamped June 30, 1986; 2. that the 10 parking spaces on site be clearly marked and designated for the use of the office building's occupants and that the property owner shall be responsible for maintaining markings and enforcing use; aj 0� 3. that the property owner secure and maintain a lease to use 10 ~ O parking spaces on the adjacent Northpark Apartments site for use � from 8:00 A.M, to 5:00 P.M., Monday through Friday, and that these parking spaces be clearly marked/posted for the office use during ,p these times, the posting to be installed and maintained by the owner of the office building with the consent of the Northpark Apartments management; 4. that the striping of the parking spaces leased from Northpark Apartments be maintained by the owner of the office building; 5. that if Northpark should ever convert to condominium use they would make arrangements to provide eight permanent parking spaces for the office or make arrangements to allow weekday, daytime use to continue; and 6. that the variance will become null and void should access to eight additional parking spaces no longer be available, loss of the variance would affect the amount of office use on site. Page 4 Burlingame Planning Commission Minutes August 11, 1986 proposed with staff conditions as listed in staff report, eliminating the monument sign (Sign A) and adding a 4' x 11'-10" double faced sign (about 95 SF) to the pole sign approved in the ori.ginal sign exception, raising the top of the pole sign to 24' fro ade. The motion included approval of the two signs on awning as shown in the amendment to the sign excep,�ion an pproval of the location of the 24' pole sign as shown on the sign�' it approved for the Embassy Suites hotel. Second C. Schwalm. otion app� d on a 4-0 roll call vote, Cers Graham and Leahy a ent. Appeal proc�e�d'i��were advised. CP requested thr copies of the proposal approved this"'evening be delivered to e Planning Department on Tuesday, August 12, 1986. 5. VARIANCE TO ON-SITE PARKING REQUIREMENTS TO CREATE A SEPARATE PARCEL FOR AN EXISTING OFFICE BUILDING AT 1011 CADILLAC WAY Reference staff report, 8/11/86, with attachments. CP Monroe reviewed details of the request, staff review, Planning staff comment, applicant's letter, study meeting questions. Five conditions were suggested for consideration at the public hearing. Discussion: variance, if approved, will run with the land, i.e., the office parcel; reference to property owner in condition #2 is the owner of 1011 Cadillac Way (a new owner who will own the building and the land under the building); office building on this site is a nonconforming use on R-4 zoned property, tnis has been a long term nonconforming situation; if office building became a conforming use it would still be nonconforming in parking, it would need 18 parking spaces and there are only 10 spaces on site. Chm. Giomi opened the public hearing. Joe Harvey, 2205 Adeline Drive, was present representing the previous owner of the building and present owner of the building and land both of whom were out of town. His comments: he has been involved in the overall planning of the project through his contracting business, Nicolaides & Son; lease on the 10 required additional spaces has been executed and approved by Northpark and the new purchaser, it does allow for use of the spaces for 20 years; the lease definitely sets forth guidelines which will guarantee the spaces as required; there will be no expansion of the footprint of the building, no change in the exterior other than repainting; use of the property will continue as it has been used in the past, there will be no intensification of use; title of the building has transferred, item #7 of tonight's agenda addresses transfer of the land; lease for the parking spaces is a formal agreement, with specifics, and all conditions in the staff report can be met; the previous understanding for the spaces at Northpark was informal, it was not an issue with the city at the time since the land under the office building was still owned by Northpark and it wasn't considered off-premise parking. For tne record Mr. Harvey stated he became involved in this application some time ago prior to his appointment as City Treasurer and he was not speaking this evening in any capacity other than as a general contractor. Page 3 Burlingame Planning Commission Minutes August 11, 1986 4. SIGN EXCEPTION TO ADD THREE SIGNS AT 150 ANZA BOULEVARD WHICH EXCEED NUMBER AND AMOUNT OF SIGNS ALLOWED BY THE CODE Refer�nce staff report, 8/11/86, with attachments. PLR.Williams revie�ed details of the request, code requirements, st�ff review, applic�nt's comments. One condition was suggested for' consideration at the pu�lic hearing. '� Commission/staff discussion: could the proposed mo�iument sign be added to the existing pole sign; applicant had wanted ,�`eparate identification for the hotel and the restaurant at separate lor�ations; visibility of signage from Anza Boulevard. Chm. Giomi opened the public hearing. Paul Salisbury, representing United Suites Development Co. and Bobby M ee's (the restaurant) addressed Commission: restaurant became lessee of the hotel following approval of th� previous signage packag ; since the amendment to the sign permit was submitted it has occur ed to the hotel and restaurant owners that it mi�ght be advantageous o combine the proposed monument sign with the Embassy Suites pole s' n, placing the 4' x 11'-10" restaurant sign under the Embassy ites sign, raising the approved pole sign and top of�;, Embassy Suit sign to a height of 24' and retaining the propos�� awning si�ns; hotel has given its approval of this change. '� ��" CP noted the diagram pre ente�d by the applicant this evening had no dimensions and she would r�,�er to continue the item to give staff and Commission time to review °is revised proposal. CE�s only concern was that intersection requirem� s for visibility be adhered to. Planning staff further advised this w ld not be an amendment to a master sign program, there was no master 'gn program previously approved, just a sign program. There were no audien�e comments a d the public hearing was closed. Further Commission/staff discussion°� think this is a good compromise, would support approval this evening; �staff pointed out if the proposed combination sign comes in at 24' the aV`�plicant will need another sign exception for height; Commission's usua�time for review of a sign exception is two weeks, would action thi evening be giving the proposal due consideration; proposal will�give the restaurant signage better exposure. Applicant advised hotel �lans to open the first week of September and would like to have signageti�up prior to that time. Y C. Jacobs moved to continue the item to the me�ting of August 25, 1986r'�Motion died for lack of a second. Siz�,A=height and total square footage of the combined pole sign was discussed as well as color of the awning signs. C. Jacobs found there were exceptional circumstances applicable to this property in its location which is difficult to see from the street, the proposal will consolidate two signs, it will not be detrimental to adjacent properties. C. Jacobs moved to amend the sign exception as Page 5 Burlingame Planning Commission Minutes August 11, 1986 There were no audience comments and the public hearing was closed. C. Jacobs found there were exceptional circumstances in that the office building was located in the R-4 (residential) zone, in the combination of building and land, and in the 20 year lease for parking spaces; it is a property right of the owner to use his buildingand it will not be detrimental to the area, there is a definite need for more parking in the city. C. Jacobs moved for approval of the variance application and for adoption of Commission Resolution Approving Variance with the conditions in the staff report. Second C. Garcia. Following discussion on the motion C. Jacobs amended her motion to eliminate reference to 20 years in conditions #3 and #5 and to include condition #6; amended motion accepted by C. Garcia. Revised conditions of approval follow: (1) that the parcel map as filed and recorded conform to the map submitted to the Planning Department and date stamped June 30, 198b; (2) that the 10 parking spaces on site be clearly marked and designated for the use of the office building's occupants and that the property owner shall be responsible for maintaining markings and enforcing use; (3) that the property owner secure and maintain a lease to use 10 parking spaces on the adjacent Northpark Apartments site for use from 8:00 A.M, to 5:00 P.M,, Monday through Friday, and that these parking spaces be clearly marked/posted for the office use during these times, the posting to be installed and maintained by the owner of the office building with the consent of the Northpark Apartments management; (4) that the striping of the parking spaces leased from Northpark Apartments be maintained by the owner of the office building; (5) that if Northpark should ever convert to condominium use they would make arrangements to provide eight permanent parking spaces for the office or make arrangements to allow weekday, daytime use to continue; and (6) that the variance will become null and void should access to eight additional parking spaces no longer be available, loss of the variance would affect the amount of office use on site. Comment on the motion: am comfortable with this action, it has been a long term on-going use with a unique history, do not believe it will set a precedent for off-premise parking in the city, Commission has been hesitant to grant off-premise parking; the day might come when this site would be more valuable for R-4 (residential) use; shared use of parking makes sense and is reasonable as long as uses continue as they are. Motion approved on a 4-0 roll call vote, Cers Graham and Leahy absent. Appeal procedures were advised. 6. TENTATIVE AND FINAL PARCEL MAP TO CREATE A SEPARATE PARCEL FOR THE BUILDING AT 1011 CADILLAC WAY (NLY PORTION OF PARCEL 1, PARCEL MAP VOL. 13/18) CE Erbacher recommended changes to the conditions in Engineering's memo of July 21, 1986 so it would reflect Planning Commission action on the variance and that the map be forwarded to Council for approval with these revised conditions. Chm. Giomi opened the public hearing. There were no audience comments and the public hearing was closed. Page 6 Burlingame Planning Commission Minutes August 11, 1986 C. Schwalm moved to recommend this tentative and final oarcel map to City Council for approval with the following conditions: (1) a sanitary sewer easement be provided to Parcel A for sewer line to existing building; (2) ingress and egress easement to Parcel B be granted through the driveway area of Parcel A as approved by the City Engineer; and (3) a sanitary sewer and storm drain easement be dedi gated to city by owner for. approximately 7' x 94' adjacent to 20' stornf sewer easement at �ollins Road adjacent to sewer pump statio��. Second C. Jacobs; moti�n approved on a 4-0 roll call vote. �� 7. SPECIAL P�2MIT TO EXTEND THE OPERATING HOURS 0,� THE WALGREEN DRUG STORE?�AT 1420 HOWARD AVENUE ,< Reference staff�report, 8/11/86, with attachme�ts. CP Monroe reviewed details of the r quest, staff review, applic �t's letter, study meeting questions. Two nditions were suggested f consideration at the public hearing, oning code regulation re uiring a special permit for hours of operation outside of 7:00 A.M, t,,�' 11:00 P.M, for grocery, drug and department stor s was noted. This r�quest is to extend the operating hours to �dnight seven days�_� week. P Chm. Giomi opened the�public hearingr David Devencenzi, store manager, stated their main conc rn is to kee `the pharmacy open until midnight seven days a week. Wal reen's has;�een experimenting with 24 hour stores, the Millbrae st e is ope�'24 hours. Walgreen's/Burlinqame plan to put in a mini-gr ery and`"other items which people might need late at night; grocery it s wo !ld include ice cream, dairy products, frozen foods, non-alcoholi be,�erages, canned goods; no microwave items and no food cooked on the p ecTr'ises for immediate consumption would be sold from the site. They feq� this will provide better service to the commun i ty . � There were no audience com�4ients nd the public hearing was closed. C. Jacobs found this wouA�d be a b efit to the community, it would not be detrimental; the 24 �iour store i Millbrae appears to be a success. C. Jacobs moved for approval of the pecial permit and for adoption of Commission Resolution;�Approving Speci 1 Permits with the following conditions: (1) that,�the hours of oper tion shall be limited to 8:00 A.M, to 12:00 midnig`ht seven days a wee • and (2) that this use permit shall be reviewed �'or compliance in one ar (August, 1987). In comment on the"�motion it was noted that� ould take-out food service develop on this site a special permit would required, staff will be reviewing for compliance with the conditions o, approval in one year's time. Motion approved on a 4-0 roll call vote, Cers Grah�m and Leahy absent. Appeal p�ocedures were advised. �� 8. SPECIAL PERMIT TO OPERATE R GROCERY STORE 24 HOURS A DAY, SAFEWAY STORES, INC., 1450 HOWARD AVENUE Continued to August 25, 1986. Page 6 Burlingame Planning Commission Minutes August 11, 1986 C. Schwalm moved to recommend this tentative and final parcel map to City Council for approval with the following conditions: (1) a sanitary sewer easement be provided to Parcel A for sewer line to existing building; (2) ingress and egress easement to Parcel B be granted through the driveway area of Parcel A as approved by the City Engineer; and (3) a sanitary sewer and storm drain easement be dedicated to city by owner for approximately 7' x 94' adjacent to 20' storm sewer easement at Rollins Road adjacent to sewer pump station. Second C. Jacobs; motion approved on a 4-0 roll call vote. SPECIAL PERMIT TO EXTEND THE OPERATING HOURS OF THE WALGREEN DRUG STORE AT 1420 HOWARD AVENUE Re rence staff report, 8/11/86, with attachments. CP Monroe reviewed deta'ls of the request, staff review, applicant's letter, study meeting quest'ons. Two conditions were suggested for consideration at the public earing. Zoning code regulation requiring a special permit for hours o�operation outside of 7:00 A.M, to 11:00 P.M, for grocery, drug and depar£�ent stores was noted. This request is to exten� the operating h�urs to midnight seven days a week. ,,,�` Chm. Giomi ope d the public hearing. David Devence i, store manager, stated their mai concern is to keep the pharmacy en until midnight seven days a week. Walgreen's has been experime ing with 24 hour stores, the Millbra� store is open 24 hours. lgreen's/Burlingame plan to put in a mini�;rocery and other item which people might need late at night; grocery��tems would include ce cream, dairy products, frozen foods, non-alcoho 'c beverages, c ned goods; no microwave items and no food cooked on the remises for mmediate consumption would be sold from the site. They f 1 this "11 provide better service to the community . There were no audience comment�nd the public hearing was closed. C. Jacobs found this would e a ben fit to the community, it would not be detrimental; the 24 ho store in illbrae appears to be a success. C. Jacobs moved for app val of the sp ial permit and for adoption of Commission Resolution proving Special rmits with the following conditions: (1) that he hours of operatio .shall be limited to 8:00 A.M, to 12:00 midni t seven days a week; an (2) that this use permit shall be reviewed or compliance in one year ( gust, 1987). In comment develop on reviewing f time on�e motion it was noted that should 't�ke-out food th's site a special permit would be requi"�,�d, staff o� compliance with the conditions of aoprova,l in one Motion a,�proved on Appeal,procedures 8. $PECIAL PERMIT �'SAFEWAY STORES ` 'v,. service will be year's a 4-0 roll call vote, Cers Graham and Leahy absent. were advised. TO OPERATE A GROCERY STORE 24 HOURS A DAY, INC., 1450 HOWARD AVENUE Continued to August 25, 1986. Burlingame Planning Commission Minutes Page 5 August 11, 1986 There were no audience comments and the public hearing was closed. C. Jacobs found there were exceptional circumstances in that the office building was located in the R-4 (residential) zone, in the combination of building and land, and in the 20 year lease for parking spaces; it is � property right of the owner to use his buildingand it will not be det�;imental to the area, there is a definite need for more parking in the �ity. C. Jacobs moved for approval of the variance application and for adoption of Commission Resolution Approving Variance,�ith the condi�ions in the staff report. Second C. Garcia. � Following discussion on the motion C. Jacobs amende her motion to eliminate reference to 20 years in conditions #3 a #5 and to include condition #6; amended motion accepted by C. Garc' . Revised conditions of approv�l follow: (1) that the parcel map as led and recorded conform td the map submitted to the Planning D partment and date stamped Jui�,e 30, 1986; (2) that the 10 parki g spaces on site be clearly marl�ed and designated for the use the office building's occupants an�that the property owner sha be responsible for maintaining m�rkings and enforcing use; 3) that the property owner secure and mai ain a lease to use 10 �arking spaces on the adjacent Northpark Apart nts site for use fr 8:00 A.M, to 5:00 P.M., Monday through Friday, a d that these park'ng spaces be clearly marked/posted for the office use during these t' es, the posting to be installed and maintained by the o ner of the o ice building with the consent of the Northpark Apartments anagemen ,(4) that the striping of the parking spaces leased from No hpark artments be maintained by the owner of the office building; ( tha if Northpark should ever convert to condominium use they wou d ake arrangements to provide eight permanent parking spaces for the of ce or make arrangements to allow week3ay, daytime use to continue;,a (6) that the variance will become null and void should access to e�''�ght dditional parking spaces no longer be available, loss of the,dvarian e would affect the amount of office use on site. / Comment on the mot' n: am comfort le with this action, it has been a long term on-goin use with a uniq history, do not believe it will set a precedent or off-premise park' g in the city, Commission has been hesitant t grant off-premise pa ing; the day might come when this site woul be more valuable for R�`4 (residential) use; shared use of parking ma es sense and is reasonable���;as long as uses continue as they are. Motion app�oved on a 4-0 roll call Appeal prglcedures were advised. �� vote, Cer`s�,Graham and Leahy absent. �, 6. TEN TIVE AND FINAL PARCEL MAP TO CREATE A SEPARATE PARCEL FOR THE BU LDING AT 1011 CADILLAC WAY (NLY PORTION OF PARCEL l, PARCEL MAP V . 13/18) CE bacher recommended changes to the conditions in Engineering's memo of uly 21, 1986 so it would reflect Planning Commission action on the va iance and that the map be forwarded to Council for approval with these revised conditions. Chm. Giomi opened the public hearing. There were no audience comments and the public hearing was closed.