HomeMy WebLinkAbout1095 Carolan Avenue - CEQA Document6. PROJECT PROPOSAL (continued)
Full tir�e employees on site
Part tir�e emnloyees on site
Visitors/customers (weekday)
Visitors/customers (Sat.Sun.)
Residents on property
Trip ends to/from site*
Peak hour trip ends*
Trucks/service vehicles
EXISTING
after
8-5 5 PM
IN 2 YEARS
� after
8-5 5 PM
IN 5 YEARS
after
8-5 5 PM
*Show calculations on reverse side or attach se�arate sheet.
7. ADJACENT BUSINESSES/LAND USES
Northpark Apartments and retail uses to the north; train tracks
to the south and east; this use conforms to the qeneral plan.
Required Date received
(3res� (no) ( — ) Location plan of adjacent properties.
(�res� (no) ( n, a, ) Other tenants/fi rms on property: )
no. firms ( ) no. employees (
floor area occupied ( SF office space)
( SF other)
no. employee vehicles regularly on site ( )
no. company vehicles at this location ( )
�.
8. FEES Special Permit, all districts $100 () Other application type, fee $ 2 5.(X )
Variance/R-1,R-2 districts $ 40 () Project Assessment $ 25 ()
Variance/other districts $ 75 () Neoative Declaration $ 25 ()
Condominium Permit $ 50 () EIR/City & consultant fees $ ()
TOTAL FEES $ 25.�0 RECEIPT N0. 5553 Received by H. Towber
I hereby certify under penalty of perjury that the information given herein is
true and correct to t best f my knowledge and belief.
i
Signature > Date 9/8/84
App ican
STAFF USE ONLY
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 ,
Categorically exemnt• Reference CEOA
Code Sec. 15301 �xistinq Facilities
�1 � � � ►o-i-�-
`ign ture of Processino Official Title Daie Signed
Unless appealed within 10 days hereof the d�te posted, the deternination shall be final.
DECLARATION OF POSTIPJG 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 Neqative Declaration at the City Hall of said City near
the doors to th�a Council Chambers.
Executed at Qurlingame, California on
Apoealed: ( )Yes ( )P!o
19
JU�i�H��TT ,�LERK, CITY f?F 6URLINGAME
��
STAFF REVI EW
1. CIRCULATION OF APPLICATION
Project proposal/plans have been circulated for review by:
date circulated reply received
City Engineer ( g�17�84 ) (yes) (no)
Building Inspector ( " ) (yes) (no)
Fire htarshal ( �� ) (yes) (no)
Park Department ( _ ) (yes) (no)
City Attorney ( _ ) (yes) (no)
2. SUMMARY OF STAFF CONCERNS/POSSIBLE MITIGATION MEASURES
memo attached
(yes) (no)
(yes) (no)
(yes) (no)
(yes) (no)
(yes) (no) �
Concerns Mitigation Measures
What will the noise impact Request comments at the public
be on the Northpark residents hearing.
with the car wash operating
an hour earlier?
3. CEQA REQUIREMEPITS
If a Negative Declaration has not been posted for this project:
Is the project subject to CEQA review? No — ratPanri'ral�i exem{�t
IF AN EIR IS REQUIRED:
Initial Study completed
Decision to prepare EIR
Notices of preparation mailed
RFP to consultants
Contract awarded
Admin. draft EIR received
Draft EIR accepted by staff
Circulation to other agencies
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)
)
)
)
)
)
)
)
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. APPLICATION STATUS Date first received ( g/11/84 >
Accepted as complete: no( ) letter to applicant advising info. required ( )
Yes( ) date P.C. study ( l��y�84 )
Is application ready for a public hearing? (yes '(no) Recommended date (�'d��� �8�)
Date staff report mailed to aoplicant (io !7 f�y) Date Correnission hearing (lpr�.2/ C/�
Application approved ( ) Denied ( ) � Appeal to Council (yes) (no) �
Date Council hearing ( ) Application aporoved ( ) Denied ( )
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signed date
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DATE : 9�/���
MEMO T0: CITY ENGINEER
CHIEF BUILDING INSPECTOR
,,.F�E MARSHAL
FROM: PLANNING DEPARTMENT
SUBJECT:
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An application has been received for the above project for review by the
Planning Commission. The application will be scheduled for �Dy
at their �p -�f - d'� meeting. We would appreciate having
your comments by f �Z6��'�
�— �
Thank you.
Helen Towber
Planner
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DATE : 9�/7��
MEMO T0: CITY ENGINEER
�C-�iIEF BUILDING INSPECTOR
FIRE MARSHAL
FROM: PLANNING DEPARTMENT
SUBJECT:
i�-p� LC�is�+.o
An application has been received for the above project for review by the
Planning Commission. The application will be scheduled for ��y
at their /p - 9- d'� meeting. We would appreciate having
your comments by f �Z6 ���%
Thank you.
Helen Towber
Planner
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att.
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DATE : 9�/7��
MEMO T0: �C'�TY ENGINEER
CHIEF BUILDING INSPECTOR
FIRE MARSHAL
FROM: PLANNING DEPARTMENT
SUBJECT:
An application has been received for the above project for review by the
Planning Commission. The application will be scheduled for ��y
at their /p - 9-�� meeting. We would appreciate having
your comments by f �26 ��'f
�—�
Thank you.
Helen Towber
Planner
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SAN MATEO COUNTY
CITY HALL-501 PRIMROSE ROAD
BURLINGAME� CALIFORNIA 94010
August 31, 1984
�E�i��V�r�
W. A. Storum
671 P. Oak Grove Avenue
Menlo Park, CA 94025
Subject: 1095 Carolan Avenue
A U G 31 198�
�-�ANNf1�6��► �
Dear Mr. Storum:
TEL:(415) 342-8931
Enclosed is a copy of the Planning Commission minutes of
March 20, 1972 which deals with the special permit granted
for the car wash at the above location. As you will note,
� on page 225 the operating hours were specified to be 9:00 a.m.
to 9:00 p.m, without any exception for weekdays. Our file
indicates other correspondence dealing with noise, particularly
in 1975 and 1976. That is the particular problem which was
cured by certain site modifications.
Any modification of these hours
the special use permit. That is
Planning Commission and a public
these minutes and then consider
such action. If you do, please
staff for information regarding
would take an amendment to
done by application to the
hearing. I suggest you study
whether or not you wish to take
contact the Planning Commission
fees and application forms.
aurs truly
I �
E O F. COLEMAN
ity Attorney
JFC/b �
cc: Planning Dept.
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6. SPECTAL PER"•1IT FOR AUTOi•1ATIC CAR ti`7�1SH AT '�ROAD?-V.AY AI`TD CA;.20LAN
AVE�NE EiY CAELE CAR Tr�TASH, NAPA, TENANT OD7 LANDS OF SOli':�'iiE:tN
PACIFIC TF�AI•:SPO�T�TIO�d CO�QPANY
Chairman Sine announced this application for public hearing. Atto-ney
Cyrus AZcP•iillan was p�esent as representative ef the applicant.
Seczetary Kinda.g reported on �he applicatian stating there ��fas rio new
mate.rial in the fiie and the Ccmmission-had only the o=ini.rzal app1; catio:�
resubm�.tted anci the original lette•r of applica�ion of March 3, 1971.
Ci.ty Planner ��ran reviewed t?�e events le�ding up to this heari_ng. He
quoied thn G. �y Council minutes af Jar.uaYy 17, 1972, "Cour�cil concu�r..��
with Co�incilm�n fdar.ti_n's recommendati_on that the mat�er be returnec�
. to �he Planr_ing Commission for a comtileLe reh�ar;_ng, �,ait?� t;�e unCer-
standing that a resubdivision map is to be filed delineai:ing the
boundar_i.Es of the parcel to be used tox �:he ca�r �rash. " tie broug�t
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up the question of whether or not this can be considered a gasoline
,� service station, since, according to the municipal code, gasolix�e
service stations must not be within 490 feet of each other. There
are several in this location which would be closer. In addition,
� he stated that a tentative subdivision map shou].d be filed as soon
- as possible. He stated that the Police Chief had been requested to
prepare a repo�t regarding traffic in that area. There had beEn no
written report, but the Police Chief had stated it was a less than
satisfactory location for a car wash. �
The City Planner brought out several points which need resolution:
Where will the driveway out of the car wash be and in what direction
will the traffic go after it leaves the car wash? �+Vill there be a
sidewalk on the westerly si�ie of Carolan for Northpark residents or a
Y pedestrian crossing of the railroad? There is a sidewalk on the east
side but part is occupied by cars at the Peninsul� General Tire on
the corner of Broadway. He stated that to the best of his knowledge
�. the old file had contained no plo':. plans or drawin�s for_this develop-,
ment, and he had received no new infor_mation. He thought action --
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shoul�c not be ta en until sufficient detail has been__ su m�_t�ed for
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�,revie� bv y t e Planning—�ommission. He showed slides of the car wash
site na �u cing areas ana"also transpar_encies o� the location.
Attorney Mctdillan then addressed the Commission, He apologized for
the absence of Mr. A1 Kamura of Cable Car :�Tash because of illness,
He at�ted that p1oL plan, rend�ring, and other_ �ocuments had been
fYled with the City in 1971; but upon being advised that they could
not be located he had brought with him plot p].an showing area landscaping
and layc�u�t for rendering of proposed �.mnroveme:its. Also there had
been filed previously a�hoto of a similar installation in Napa. Ne
felt that sufficient information was now in the hands of_ the Cammissi�n.
iie noted that the appeal before the Council had been with represen�atives
of the Southern Pacific, and the Southern Pacific had agreed to
contribute $6,000, going up $2,000 from their previous offer of
January 12, toward Carolan Avenue improvements. He questioned the
definition of the Cable Car Wash as a gasoli.ne se;rvice station, quotirig
from the code that a gasoline service station is "for the retail dis-
tri'bu'tion of•gasoline directly to motor vehicles; oils, grease, tires
and batteries, greasing anc3 washing, the sale of minor accessories,
and services incioental thereto." He stated that this car wash did
not come within this definition. On the c�uestion of traffic he
commented that more traffic would be genera�ed, but the installation
would �e a considerable irnprovem�nt over what is there now. He commented
that the installation would cost S100,000. These improv�ements would
be subject to taxes, and �he applicant i-iad paid over $4,000 in ta;{es
on a similar installacion in the City of Davis. Fie offered to sho�.a a
copy �f the tax bill. �
On a Commission question, City Engineer Marr indicated that estimated
COst of improvements for b00 f�et along Carolari Avenue would be
$12,000.
Commissioner Taylor askecl Mr. ricMillan's interpretation of the wording
in the Council minutes ". ..with the understanding that a resubdivisi�n
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�. map be filed." Mc.Millan indicated he had not been at that meeting but
ronsidered this statement was not intended in the technical sense, but
referr.ed to a plo� plan layout with dimensi.ons, since there was �
virtual.ly no public work involved. Attorn�y McMillan statec3 he did�
not intend to file a resubdivision map. He had filed a plot plan.
�
ChaS.rman Sine asked for audience comment. No one in the audience was
either for or against. The public hearing was declared closed.
Commissioner Norb�rg questioned the public use of the gasoline pumps
and Attorney McMillan stated gasoline would be sold to car wash
customers as needed. The Commissioner questioned the 10' easement
in the 600' strip and was informed that the car wash would occupy
35' oi which Southern Pacific o�ans 25' and 10' is leased from
Paca�fic Telephone. Comrniss�.on�r Norberg asked about the sidewalk
along Carolan and Attorney McMillan stated that there would be no
sidewalk pu�t in. Commissioner Norberg then asked if the $100,000
intprovement had to be demolished for BART, u�ould the City have to
pay for it? i�lr. McMillan sta;:ed that would be conceivable,
Commissioner Jacobs had no comment. Commissioner Taylor stated his
previous negative vote had not been because of lack of contribution
to the improvements but because he thought and s�cill t�hinks it is a
poor plan, agreeing with Commissioner Norberg that it would lay in
the way of EART. �
Commissione-r P4ink asked the Cii:y Atto_r_ney's interpretation of the
requirement that a resubdivision mag be filed. City Attorney Karmel
stated he had the impression the Council kn�w the difference bettaeen a
resubdivision map and a plot plan and wanted the resub map. Commissione.r
Mink c�u.es�ioned if the su'�mission of the application and the draw�_ng
would indic��e the S.P. did agree to submit to zoning. T�le City
Attorney replied that if_ Southern Pacific had submitted the resub
map, or signec� the anplication, or caid the money for the appl�.cation,
it woulcl be indica�ion of a joint applica�ion, Hoc•�ever, this has not
been c7on�.
Commissioner Kind3_y asked the dispositior of the telephone po1�s on
the strip o�•�ned by Pacific Telephone and was infarmed 'py Mr. TZcMillan
they would nei.ther be removed nor underqround�d. Commissioner Kindig
then stated he, too, had not voted aqainst this previously because of
non-contribution but because he did not consider it the right place
for a car wash and retained that opinion. Commissioner Cistulla.
questioned the lease time of boLh properties and Attorney 2•icP�iillan
stateci one property was �or 10 year_s and the other for 15. The
Corlmissi.oner thouqh� it would be a good project to have a car wash
in Burlingame instead o� going ta oth�r cities for�this service.
Chairman Si.ne coin,•nente�l on his own work with Southern Pacific in
upgrading railroad c-rassings. He quest;ioned if the Parking Comr�ission
had consider�d the idea of ano�her pedestrian crossing or if_ there
were any comments on this application, and �aas informed by the City
Plannc�r that this co;nmission had deferred the matter to their_ 2���rch
me��ing. The Chaitman s�:�ted }ie would rather see this right-of-�•�ay macie
into a mini-park and feared the possi.ble development of various other
business on this S.P. land i� this applicant set a prec�dent. Ther_e
was further discuss:,on on the questions of BART and service s�ations.
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Ck�airman Sine asked if Attorney McD2illan would he willing to�amend
' the application to eliminate the gasoline pump, and the attorney
stated he was not autnorized to do so. He stated further he
• thought that signs were not part of the application.
v" "
• City Planner S�aan questioned the extent of Southern Pacific
participation in the application. Attorney McMillan rep].ied it was
his understanding that the Commission preferred to have the tenant
make the application rather than the landlord; however the Southern
Pacific had sent a letter to Mr. A1. Kamura stating they approved the
filing of the application by him anc� i;�iat they would agree to be bound
by any conditions that the City would impose. He stated he would file
- the letter if necessary. �
Comrnissioner Kindig moved that the special permit for_ automatic
car wash by Cable Car Wash o� Napa be denied. Commissioner Taylor
seconcled the motion, and the motion passed on the follow5.ng roll
call vote:
AY�S: COMMISSIC�NERS KINDIG, MINK, NORBERG, TAYr,QR, STNE
, , NOES: COb'lMISSIONERS CISTULLI, JACOBS �
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6. SPECIAL PERMIT FOR AUTO�•1_ATIC CAR �JASH AT BROAD;VAY AND CAROLAN
AVENUE 3Y CAELE CAR Tr1ASH, NAPA, TENANT ON LANDS Or SOUTHERN
PACIFIC TRANSPORT�TIO�I C0�4PANY
Chairman Sine announced this application for public hearinu. Atto;_ney
Cyrus R1cP�iillan was p�esent as representative of the applicant,
S�cretary Kindig repo-rted on the application stating there .�as rio new
� material in the file and the Commission-had only the original applicatiori
resubmitted anci the original letter of application of March 8, 1971.
City Planner. S�aan reviewe�3 i:he events leading up to this hearing. He
quotec� the City Council minutes of January 17, 197?_, "Council concur.r�d
�� with Councilman P4artin's recom;�enc7ation that the matter be returned
ta th� Planning Commission for a comoleLe rehearing, with the un�er-
standing that a resubdivision map �s to be filed delineating the
� boundaries of the parcel to �e used for the ca�r wash." He brought
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up the question of whether or not this can be considered a gasoli.ne
service station, since, according to the municipal code, gasoline
service stations must not be within �90 feet of each other. There
are several in this location which would be closer. In addition,
he state� that a tentative subdivision map should be filed as soon
as possible. He stated that the Police Chief had been requested to
prepare a report regarding traffic in that area. There had been no
written report, but the Police Chief had stated it was a less than
satisfactory location for a car wash. -
The City �lanner brought out several points which need resolution:
W'here will the driveway out of the car wash be and in what direction
will the traffic go after it leaves the car wash? �+Vill there be a
sidewalk on the westerly si�?e of Carolan for Northpark residents or a
Y pedestrian crossing of the railroad? There is a sidewalk on the east
side but part is occupied by cars at the Peninsula General�Tire on
the corner of Broadway. He stated that to the best af his kn�wledr,e
�, the old file had contained no ploi� plans or drawings_for this develop-,
ment, and he had receiveC no new information. He thought action� �-
s ould not be taken until sufficient detail has�been__su m�_tted tor
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,revi bve� y t e Planning Commissiori.--He sho�aed slides of the car wash
sii:e an surroun�cing areas and-also transparencies of the location.
Attorney McMillan then addressed the Commission. He apologized for
the absence of P�Ir. A1 Kamura of Cable Car Tr7ash because of illness.
He stated that plo� plan, render.ing, and other_ documents had been
filed �rith the City i.n 1971; but upon being advised that they cotilu
not be located he hac3 brought with him plot plan showing area landscaping
and layout for r.enc7ering of proposed impro��ements. Also there had
been filed previously a photo oi a similar installation in Napa. He
felt that suff_icient information was no�a in the hands of the Commission.
�ie noted that th2 appeal before the Council had been with �epresentatives
of the Southern Pacific, and the Sou�hern Pacific had agreed to
con-tribute $6,000, going up $2,000 from their previous offer of
January ].2, toward Carolan Avenue improvements. �ie questioned the
definition of the Cable Car TiVash as a gasoline service station, quoting
from the code that a gasoline service station is "for the retail dis-
tribution of gasoline directly to motor vehicles; oils, grease, tires
and batteries, greasing and washing, the sale of minor accessories,
and services incidental thereto." He stated that this car wash did
not come withi.� this definition. On the question of traffic he
commented that more traffic would be genera�ed, but the installati.on
would be a considerable improvement over what is there now. He commented
that t'ne installation would cost $100,000, These improvements would
be subject to taxes, and the applicant had paid over $4,000 in taxes
on a similar installation in the City of Davis, He offered to show a
copy of the tax bill. �
On a Convnission question, City Engineer Marr indicated th�t estimated
cost of improvements for 600 feet along Carolan Avenue would be
$�2,ODU.
Commissioner. Taylor asked riro McMillan's interpretata.on of the wor�3ing
in the Council minutes ". ..with the ul�ders�anding that a resubdivision
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�. map be filed." McMillan indicated he had not been at that meeting but
considered this statement was not intended in the technical sense, but
' referred to a plot plan layout with dimensions, since there was
' virtually no public work involved, Attorney McMillan stated he did
not intend to file a resubdivision map. He had filed a plot plan.
J
Chairman Sine asked for audience comment. No one in the audience was
either for or against. The public hear�.ng was declared closed.
Commissioner Norberg questioned the public use of the gasoline pumps
and Aitorney McMillan stated gasoline would be sold to car wash
�ustomers as needed. The Commissioner questioned the 10' easement
ix� the 600' strip and was informed that the car wash would occupy
. 35' of which Southern Pacific ocans 25' and 10' is leased from
Par_ific TelEphone. Com�-nissioner Norberg asked about the sidewalk
along Carolan and Attorney McMillan stated that there would be no
sidewalk pu�t in. Commissioner Alorberg then asked if the $100,000
improvement had i:o be demolished for BAF,T, ��ould the City have to
. pay for it? Mr. McMillan stated that would be conceivable,
Commissianer Jacobs had no comment. Commissioner Taylor stated his
previous negative vo�e had not been because of lack of contribution
to the improvements but because he thought and s��ill i,hinks it is a
poor plan, agreeing with Commissioner Norberg that it would lay in
�he way oi EART. �
Commissione� Mink as}:ed the Cii:y Attor_ney's interp.retation of the
requirement that a resubdivision map be �iled. City Attorney Kar.mel
st�.ted he had the inpression the Council kne:•� the dif ference bet��een a
resubc�ivi�ion map anU a plot plan and wanted the resub map. Commissioner
Mink ques�ioned if the submission of the application and the drawing
would indicate the S.P, did agree to submit to zoning. The City
Attorney replied thzt if Southern Paciric had submitted the resub
map, or signec� the a�plica-tion, or paid the money for the application,
it would k�e indica�.ion of a joint applica4ion. Hoc•�ever, ihis has not
been done.
Commissioner Kindig asked the disposition of the telephone poles on
the strip o�vned by Pacific Telephone and was informed 'py Mr. r'icMillan
they woulc� r�either be remaved nor ur.dergrounded. Commissioner Kindig
then siated he, too, had not voted again:st this previously because of
non-contribution but because he did not consider it the rierht place
for a ca.r wa�h and retained that opinion. Commissioner_ CistuJ.li
questioned the lease i:ime of boLh properties and Attorney McPdillan
stateci one property was �or 10 years and the other for 15. The
Conmissioner thoua,ht it would be a goo� project to have a car wash
in Burli.ngam� instead of going to other cities for this service.
Chairman Sine commented on his own work with Southern Pacific in
upgrading railroad c�ossings. He questioned if the Parking Comrnission
had considered the �_dea of ano4her pedestrian crossing or if there
WP.re any comments on this application, and was infor.m�d bv the City
Planne.r tha.t this commission had c3e�e�_red the matter to their_ rlarch
meeting. The Chairman s�ated he would rather see this rirht-of--�•�ay mac�e
into a mini-park and fea-red the possible development of va�i.ous other
business on this S.P, iand if this apFla.cant set a precedent. There
was f.urther discus�ion on the questions of �3ART and service stations.
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Chairman Sine asked if Attorney McDiillan cvould he willing to�amend
�' the application to eliminate the gasoline pump, and the attorney
stated he was not authorized to do so. He stat�d further he
thought that signs were not part of the application.
� v. :
• City Planner S�an questioned the extent of Southern Pacific
participation in zhe application. Attorney McMillan replied it was
his understanding that the Commission preterred to have the tenant
make the appliration rather than the landlord; however the Southern
Pacific had sent a �etteY to tdr. Al Kamura stating they approved the
filing of the application by him and that they would agree to be bound
by any conditions that the Ciiy would impose. He stated he would file
- the letter if necessary, �
Commissioner Kindig moved that the special permit for au�omatic
car wash by Cable Car V7ash of Napa be denied. Cammissioner Taylor
seconded the motion, and the motion passed on the followi.ng roll
call vote:
AYES: COMMISSIONERS KINDIG, MINK, NORBERG, TAYLOR, SINE
NOES: COI�IMTSSIONERS CISTULLI, JACOBS • � �
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HEARINGS
1. CAR WASii LANDS OF SOUTIiERN PACIFIC APPROVED
Mayor Amstrup announced that this was the time and place
scheduled to conduct a public hearing on the aFpeal of Cable
Car Saasil Co., Inc., from the Planning Com�-nission denial of a
special use permit for a car wash on Southern Pacific Company
right of way fr�nting Carolan Avenue, southerly of Broadway.
�, The City Planner, in response to the Chair, reviewed the
bacicground of the application, cor�menting that the most ,
recent action by the Planning Corl.�nission took place at a
meeting o�1 February 28, 1972, wiien the use per:nit ��as denied
on a vote of five to two, reaffirming the identical vote
when the matter was first heard by the Co.^unission in t4arch, 1971.
. The City Planner recalled that in an appeal hearing approximately
a year ago the Council upheld the Com�nission's action, one of
the prirnary reasons appearing to be failure on the part of
Southern Pacific Company to join in the application.
Tne City Planner discussed issues that were raised at the
time of the Planning Commission hearing, reported that other
than the agreenent reacned between the Council ar.d Southern
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Pacific for improvements on Carolan Avenue, there has been
no indication from the Company as to its interest in the
application. - ��
The Chair declared the hearing open and invited comments from
the proponents.
� Mr. Cyrus J. Mcrli.11an, attorney for the applicant, produced
, a letter dated February 23, 1972, from Southern Pacific Land
Company, signed by D.G. �aldwiii stating"This is to advise
that Southern Pacific Transportation Company approves use of
' • its property for a car wash and approves the application of
Cable Car Wash for special permit to allo:a for building of
a car wash on Southern Pacific Transportation Company property
' at Broadway extending 600 feet along Carolan Avenue."(A
i copy of the letter is on file in the Office of the City Clerk.)
Mr. Mc�illan noted that Southern Pacific Company has agreed
to payment of $6,000.00 toward Carolan Avenue street improve-
ments as a condition to approval of the use per�it.
Mr. ric�illan stated that one member of the Planning Com-
mission announced his intention of voting against t.he project
because at some time in �the future it may interfere with the
right of way for rapid transit. Mr. Mc:•lillan questioned
whether this could be consiaered a valid reason for denial.
He maintained that the proposed use does not qualify as a
service station as definecl in the zoning ordinance, that the
dispensing of gasoline is an incidental part of the car wash
operation. iie pointed OLlt that auLomobile repair shops sell
gasoline as a service to their customers, citirig Ho���er Auto
Repair as an example, and stated that that ooeration certainly
would not be classified a service station. He referred to
the code provision that there shall be a distance of 490 feet,
exclusive of intervening streets, between service stations,
suggested that the intent was to prevent service stations on
all four corners of every major in�ersection in the city and
that the proposed location should not be considered a subject
for application of the distance restriction.
Mr. Mctdillan reported that Cable Car Wash o.perations in the
cities of Napa and Davis have be�n acknowledged by city
officials as suitable alditions to the business communities.
He stated that the project proposed for Burlingame will
prove equally acceptable by improving vacant land that. has
been neglected and by offering a service that is virtually
non-existent in the city. �
Mr. McP�lillan stated that the structure proper is about 80 feet
by 24 feet, that one of the advantages of the location is
ample space for on-site parking--there shouZd be no problem
of cars lining the street with 1G to 18 off-street spaces
available.
Mr. George Altamura, partner in Cable Car Wash Company,
informed the Council that tne driveway nearest Broadway has
been relocated 40 feet back from the intersection and the
intervening strip will be landscaped as required by the city.
Mr�. Altamura reported that the facility in the City oi Davis
was built on Souttlern Pacific Company pro�ae:-ty that had
been a problem area for many years; in Nana a permit was
granted after city officials inspected tne operation in Davis.
ite reported that taxes in Davis apUro:cimate $4,000.00
annually, basec9 on market va2ue of $116,000.00. iie stated
that the investment in Burlingame will approxi*nate $100,000.00.
� Comments were invited from the fZoor.
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Mr.. P.ogcr Duncan, �404 Primrose Road, supported the application,
si:ated that ot.her uses of Southern Pacific Company pronerty
ne�d not be influenced by this project, inasmuch as Council
wil.i make the final. clecision on all. propos�al.s and, f.inally,
'there is a.need in Burlingame for a car wash.
t�r. William Hauser, Chamber of Commerce General Manager,
reported that he receives inquiries periodically about the
lack of car wasn services and,since the recent press pub-
licity in conriection with the current proposal, has had
calls from individuals and automobile dealers interested in
-� having the service here.
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There were no further comments from the floor.
Mayor Aristrup acknowledged_communications from the Broadway
Burlingame Area P4erchants Association and from Rector Cadillac
in opposition to the pr�ject on the grounds that the location
- is not suitable.
The hearing cvas declared closed.
Councilman :iangini agreed th3t the service is needed in the
, city but.he was troubled because of the critical traffic
situation that exists in the Broadway-Carolan area and
additional hazards that may be created by motorists attempting
to cross against oncoming traffic to enter the propert��.
Councilmai�;dartin asked for clarification from the City
Attorney as to the basis on which the land and improvements
will be assessed and the city collect its taxes.
The City Attorney explained that the City of Burlingame
receives tax money on Southern 'Pacific property, the city's
tax rate being applied by the county assessor on the assessed
valuation f.urnished by the State Soard of Equalization; with
respect to leasehold �_mprovements, the tenant will have an
assessory interest tax to pay on an assessed valuation
determined by the county assessor.
Councilman Johnson inquired concerning rights of Southern
Pacific Company to build on its right of way.
The Ci.ty Attorney explained that it appears to be the Company's
position that it is not subject to the city's zoning ordinance
and that it has the right to use the property as it pZeases,
' whether railroad uses or not. FIe stated that if an operating
uni.t of the railroad �vere proposed, perhaps this would not be
subject to city approval but, in his opinion, where there is
anything but railroad uses proposed, the Company must conform
to zoning regulations.
Councilman Crosby referred to a building on Southern Pacific
property at iio�vard Avenue, formerly a freight shed and used
in recent years as a privately operated ham radio supply out-
. let. The City Attorney reported thc tenant was granted a
use permit by che Planning Commission,
Resp�nding to Councilman Crosby's inquiry concerning use of
a high intensity blower, �dr. :�ic�iillan stated that none of
the equipment produces ex.cessive noise. I+ir. P•ic�4illan read
a l.etter from a representative of the City of Napa confirming
that traere have been no problems of traffic congest.ion or
noise resulting.from the operation in tnat city.
Mr. Altamura repo�t�c1 that in Napa the wash is located 60
feet from a mobile home park, that the hours are limited
to 9:00 a.m. to 9:00 p.m., and the location is on a corner
of a prominent intersection carrying heavy traffic.
�ouncilman Crosby ref.erred to f9r. Mct�iillan's statement that
the oper.ati�n does not cenform to th� concnnt of a service
station as defined in the zoning ordinance and requested
the City Attorney to comment. The latter reported that
Mr. ��Ic:�Iillan a.nd ci.ty staff are not in arreement in th.is area,
that the former City Planner George biann held that the apoli-
cants were wrong, the present Planner agrees and he, personally,
� believes they are wrong. The City Attorne� reported the appli-
cant was asked if he could operate without the sale of gas
� and he replied in the negative, which would indicate this is
an important part of th� operation. Commenting that
Mr. Mc�illan, in debating the issue of the service station
classification, discussed the services his client will not per-
form, the City Attorney stated it is significant that the
applicant will not be offering any services outside of the
" components of the definition of a service station--he will
sell gasoline and wash cars.
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The City Attorney noted that a garage
'� repairs, gasoline sales or car wash is
j a gasoline pump or car �•�ash is wholly
of new automobiles. The City Attorney
find no difficulty in staff's position
, a servi�e station within the meaning o
is for the purpose of
�incidental, just as
incidental to the sale
reported he could
that the pr000sal is
f the zoning ordinance.
Mayor Amstrup commented on the city's past disagreements
with the Southern Pacific Company and pointed out that in
recent discussions with Company representatives it became
evident that they were interested in cooperating with the city;
they agreed to give the city $6000.OU as their share of tne
cost of street improvements on Carolan Avenue and also to
initiate improvements in the area of the Burlingame Av�nue
depot, ile stated that any difficulties that may have e�:isted
should not be carried over to an individual who is attempting
to open a legitimate business. P4ayor Amstrup suc�gested that
perhaps the project could be relocated farther south, thereby
providing a parking area close to Broadway,as requested by
the merchants.
Councilman Crosby agreed that if parY.ing were made avail_ahle
it would be helpful in overcoming the merchants' objections.
Councilman biartin commented that the Southern Pacific Cor.�pany
has agreed to certain requests made by the city recently and,
on the basis of such agreements, he would prefer not to
attempt to interfere in arrangements for the location of the
car wash. He suggested that perhaps the t-iarket Street Railway
right of caay south of Carmelita Avenue could be made avail-
able to businesses on Broadway for parking. iie recommended
approval of the use permit.
There was discussion concerning the parking prohibition on
the west side of Carolan Avenue between Oak Grove Avenue and
Cadillac L9ay. The suggestion was made that the parking
situation in the Broadway area might be improved if the ordinance
were amended or repealed. The matter was reierred to the Chie�
of Police for investigation and report.
Respoiiding to Councilman Johnson, Mr. McMillan confirmed that
40 feet of frontage will be landscaped in accordance with the
Park Superintendent's requirements.
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. Councilman Johnson explained that the Council has heen con-
cerned �aith the appearance of the right of way and �ndeavoring
to find some solution. She stated that she was convincer'_ of ,
the need for a car was'n and was satisfied that the proposal ��
would meet the need and, for that reason, would support the
application.
Mayor Iunstrup asked f4r. A].tamura to cliscuss the possibility
of lzndscaping a strip along the right of way on the opposi.te
side of Broadway adjacent to Bekins' property �vith the people
at Soutnern Pacific. The t4ayor also suggested that the
right of way north of T3roadway might orovide an excellent bike
route.
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� Planning Conmissioner Frank Cistu2li reported the applicant
- agreed in his original presenta•tion to install a fence four
feet in height at the west boundary to prevent pedestrian
traffic across the tracks.
In response to Councilman Mangini, idr. McMillan confirmed
.. that sign displays are not a part of the application for
the use permit. �. �
Councilman Nlartin introduced a motion appr,oving the applica-
tion oi Cable Car Wash Co., Inc., for speaial use permit to
construct and operate a car wash on a portion of property
-. ' otaned by Southern Pacif ic Cor�pany on the follo�ving conditions :
1. The use to be restricted to an area 600 feet in lengt'i
south from Broadway and west of Carolan Avenue; 2. Southzrn
Pacific Company to pay to the city a sum_. of $6,000.00 for
its share of street improvements on Carolan Avenue;
3. 40 feet of the Carolan Avenue frontag2, measured from
Broadway, to be landscaped to conform to Park Departnent
� requirements and to be maintainecl; the driveway to be
relocated south of the landscaped strip; 4. Operating hours
_'-to be 9:00 a.m. to_9:00 p.m.; 5. Impr.ovem�nts to conform to
plans submitted; 6. A fence four feet in height to be placed
along the w�st property line.
� The motion was seconded by Councilman Johnson and carried
unanimously on roll call.
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HEARINGS
1. CAR WASH LANDS OF SOUTiIERN PACIFIC APPROVED
Mayor Amstrup announced that this was the time and place
scheduled to conduct a public hearing on the appeal of Cable
Car Wash Co., Inc., from the Planning Comrnission denial of a
special use permit for a car wash on Southern Pacific Co:npany
right of way fronting Carolan Avenue, sautherly of Broadway.
�. The City Planner, in response to the Chair, revieored the
background of the application,.corlmenting that the most ,
recent action by the Planning Commission took place at a
meeting on February 28, 1972, when the use permit was der.ied
on a vote of five to two, reaffirming the identir_al vote
when the matter was first heard by the Cortmission in P4arch, 1971.
. The City Planner recalled that in an appeal hearing approximately
a year ago the Council upheld the Com*nission's action, one of
ttie prinary reasons appearing to be failure on the part of
Southern Pacific Company to join in the application.
The City Planner discussed issues that were raised at the
time of t:�e Planning Co*nmission hearing, reported that other
than the agreenent reaci►ed between tne Council and Southern
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Pacific for improvemen.ts on Carolan Avenue, there has been
no indication from the Company as to its interest in the.
application. -
! The Chair declared the hearing open and invited comments fro;n
, � the proponents. _
� Mr. Cyrus J. Mci�iillan, attorney for the applicant, produced
, a letter dated February 23, 1972, from Southern Pacific Land
Company, signed by D.G. Baldwin stating"This is to advise
that Southern Pacific Transportation Company approves use of
• its property for a car wash and approves the application of
Cable Car Wash for special permit to allow for building of
' a car wash on Southern Pacific Transportation Company property
� at Broadway extending 600 feet along Carolan Avenue." (A
i copy of the letter is on file in the Office of the City Clerk.}
Mr. McMillan noted that Southern Pacific Company has agreed
to payment of $6,G00.00 toward Carolan Avenue street improve-
ments as a condition to approval of the use permit.
Mr. H1cMillan sta.ted that one member of the Planning Com-
mission announced his intention of voting against the project
because at some time in the future it may interfere cvith the
right of way for rapid transit. Mr. Mc:•iillan questioned
whether this could be considered a valid reason for denial.
He maintained that the proposed use does not qualify as a
service station as defined in the zoning ordinance, that the
dispensing of gasoline is an incidental part of the car wa>h
operation. Fie pointed out that automobile repair shops se11
gasoline as a service to their customers, citing Hoo;er Auto
Repair as an example, and statecl ttiat that operation certainly
would not be classified a service station. He referred to
the code provision that there shall be a distance of 490 feet,
exclusive of intervening streets, between service stations,
suggested that the intent was to prevent service stations on
all four corners of ever_y major intersection in the city and
that the proposed location should not be considered a subject
for application of the distance restriction.
Mr. :�ctdillan reported that Cable Car Wash operations in the
cities of Napa and Davis have been ackno�aleclged by city
officials as suitable additions to the business communities.
He stated that tne project proposed for Burlingame will
prove equally acceptable by improving vacant lana that has
been neglected and by offering a service that is virtually
non-existent in the city.
Mr. Mci•7illan statecl that the struc*ure proper is about 80 feet
by 24 feet, that one of the advantages oi the location is
ample space for on-site parking--there should be no problem
of cars lining the street with 15 to 18 off-street spaces
available. _
Mr. George Altamura, partner in Cable Car Wash Company,
informed the Council that the driveway nearest Broadway has
been relocated 40 feet back from the intersection and tY:e
intervening strip will be landscaped a5 required by the city.
Mr. Altamura reported tha� the facility in the City of Davis
was built on Souttiern Pacific Company property that hacl
been a pronle� area for many years; in Napa a perr�it was
granted after city officials inspected the operation in Davis.
iie repor.ted that taxes in Davis appro:cimate $4,OOO.dO
annually, based on market vaZue of $116,000.00. He stated
that the investment in Burlingame will approximate $100,000.00.
� Comments were invited frum the floor.
Mr. Itoger Duncan, 404 Primrose Road, s�spported the aoolication,
stated that other uses of Southern Pacific Cor,�pany propertf
need IlOt be influenced by this project, ir.�sr,iuch as Council
wzll make the fi3zal decision on all proposals and, finaJ_ly,
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`there is a.need in Burlingame for a car wash.
Mr. LVilliam Hauser, Chamber of Commerce General :�fanager,
� reported that tie receives inquiric�s periodically about the
- lack of car wash services and,since the recent press pub-
licity in conriection with the current proposal, has had
calls from individuals and automobile dealers interested in
�� having the service here.
There were no further comments from the floor.
Mayor Amstrup ackno�aledged_communications from the Broad�vay
Burlingame Area P9erchants Association and from Rector Cadillac
in opposition to the project on the grounds that the location
is not suitable.
The hearing �aas declared closed.
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Councilman Mangini agreed that the service is needed in the
, city but.he was troubled because of the critical traffic .
situation that exists in the Broadway-Carolan area and
additional'hazards that may be created by motorists attempting
to cross against oncoming traffic to enter the property.
Councilmai�;dartin asked for clarification from the City
Attorney as to the basis on which the land and improvements
wi.11 be assessed and the city collect its taxes.
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The City Attorney explained that the City of Burlingame
receives tax money on Southern Pacific property, the city's
tax rate being applied by the county assessor on the assessed
valuation furnished by the State Board of Equalization; with
respect to leasehold improvements, the tenant �•�ill have an
assessory interest tax to pay on an assessed valuation
determined by the county assessor.
Councilman Johnson inquired concerning rights of Southern
Pacific Company to build on its right of way.
The City Attorney explained that it app�ars to be the Compar.y's
position that it is not subject to the city's zoning ordinance
and that it has the right to use the property as it pleases,
� whether railroad uses or not, iie stated that if an operating
� unit of the ra.ilroad �vere proposed, perhaps this would not be
sub�ect to city approval but, in his opinion, where there is
anything but railroad uses.propo�ed, th� Company r:►ust conform
to zoriing reyulations.
Councilman Crosby referred to a building on Southern Pacific
property at Howard Avenue, formerly a freight shed and used
in receni: years as a privately ooerated ham radio supply out-
let. The City Attorney reported the tenant was granted a
use permit by the Planning Commission.
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Responding to Councilman Crosby's inquiry concerning use of
a tiigh intensity blower, P4r, bic`�Sillan stated that none of
the equipment produces eacessive noise. tdr. P-ic�dillan read
a letter from a representative of the City of Napa confirminy
that there have been no pxoblems of traffic congestion or
noise resulting.from the operation in tnat city.
Mr. 111tamura reported that in Napa the wash is located 60
feet from a mobile home park, that the hours are limited
to 9:00 a.m, to y:00 p.m., and the location is on a corner
of a prominent inter_section carr.ying l�eavy �raffic.
Councilman Crosby referred to t�r. Mc"�[illan's statement that
i:he operation does not conform to the concent of a service
sta�ion as defined in t}le zoning ordinance and requested
the City Attorney to comr:lent. The latter repor�.ed that
i4r. �Ic.dillan arid ci.ty staff are not in ar,reement in thi.s area,
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� that the former City Planner George :�iann held that the apoli-
� cants were wrong, the present Planner a�rees and he, personally,
believes they are wrong. The City Attorney reported the appli-
' cant was asked if he could operate without the sale of gas
; � and he replied in the negative, which wQuld indicate this is
an important part of the operation. Commenting that
Mr. Mc�Iillan, in debating the issue of the service station
elassification, discussed the services his client �aill not per-
' form, the City Attorney stated it is significant that the
, applicant will not be offering any services outside of the �j
' components of the definition of a scrvice station--he will �
, sell gasoline and wash cars. 1�
The City Attorney noted that a garage is for the purpose of
�repairs, gasoline sales or car ���ash is�inciclental, just as
� a gasoline pump or car wash is wholly incidental to the sale
� of new automobiles. The City Attorney reported he could
find no difficulty in staff's position that the proposal is
, a service station within the meaning of the zoning ordinance.
� Mayor 1lmstrup commented on the city's past disagreements
with the Southern Pacific Company and pointed out that in
� recent discussions with Company representatives it became
� evident that they were interested in cooperating with the city;
'• . they agreed to give the city $G000.00 as their share of the
, cost of street improvements on Carolan 1�venue and also to
i 'initiate improvements in the area of the Burlingame Av�nue
j.' depot. He stated that any difficulties that may have existed
! should not be carried over ta an individual who is attemptinq
Ito open a legitimate business. Mayor Amstrup suggested that
� perhaps the project could be relocated farther south, thereby
' providing a parking area close to Broadway,as requested by
i the merchants.
Councilman Crosby agreed that if parking were made avail_able
it would be helpful in overcoming the merchants' objections.
Councilman tilartin commented that the Southern Pacific Company
has agreed to certain requests made by the city recently and,
on the basis of such agreements, he would prefer not to
attempt to interfere in arrangements for the location of the
car wash. He suggested that perhaps the i�tarket Street Railway
right of caay south of Carmelita Avenue could be made avail-
able to businesses on Broalway for parking. Iie reco:nmended
approval of the use permit.
There was discussion concerning the parking prohibition on
the west side of Carolan Avenue between OaY. Grove Avenue and
Cadillac Way. The suggestion was made that the parking
situation in the Broadway area might be improved if the ordinance
were.amended or repealed. The matter was referred to the Chie�
of Police for investigation and reporL-.
Responding to Councilman Johnson, Mr. i4cMillan confirmed that
40 feet of frontage will be landscaped in accordance s•:ith the
Park Superintenden�'s requirements.
. Councilman Johnson explained that the Council has been con-
cerneci with the appearance of the right of way and endeavoring
to find some solution. She stated that she �vas convinced of
the need for a czr wash and was satisfied that the proposal __;
would meet the need anc3, for that reason, would support the �
application.
Mayor I�mstrup asked tdr. Altamura to discuss the possibility
of landscapirig a strip along L-he righ� of way on the opposite
side of Broadway adjacent to IIekins' property with the people
at Soutner.n Facif.ic. The Mz�yor. also suggested that the
right of_ way north of: Broadway miUht pr�vide an excellent bi;:e
zoute.
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� Planning Commissioner Frank Cistulli reported the applicant
:��.agreed in his original presentation to install a fence four
feet in height at the west boundary to prevent pedestrian
traffic across the tracks. �
In response to Counc.ilman Mangini, Mr. �Ic�iillan confirmed
,. that sign displays are not a part of th� application for
the use permit. , �
Councilman Alartin intrqduced a motion approving the applica-
tion of Cable Car Wash Co., Inc., for s�iecial use permit to
construct and operate a car wash on a portion of property
�. 'owned by Southern Pacific Company on th� following conditions:
1. The use to be restricted to an area�60� feet in length
south from Broadv�ay and west of Carolan�Avenue; 2. Southern
Pacific Company to pay to the city a sum_. of $6,000.00 for
. its share of street improvements on Caralan Avenue;
3. 40 feet of the Carolan Avenue frontage, measured from
Broadcvay, to be landscaped to conform to Park Departnent
� xequirements and to be maintained; the driveway to be
relocated south of the landscaped strip; 4. Operating hours
_''to be 9:00 a.m. to 9:00 .m.; 5. Improvements to conform to
p ans submitted; 6. A fence four feet in height to be placed .
.along the west property line.
The motion was seconded by Councilman Johnson and carried
unani:nously on roll call.
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