Loading...
HomeMy WebLinkAbout1500 Howard Avenue - Staff ReportDecember 2, 1976 MEMO TO: City Council FROM: City Planner SUBJECT: Reclassification of Gittelsohn Property An application for Reclassification of Lot 3, Block 4, Burlingame Park (being a portion of 1500 Howard Avenue, APN 028-291-010) from R-1 to R-3 was filed August 3, 1976. On August 8 the Commission recommended that a parcel map be prepared to combine the two lots into one parcel. It was decided to schedule the reclassification and tentative parcel map for concurrent hearing and action. At the hearing on September 27 the Planning Commission unanimously approved the Tentative Parcel Map and the Reclassification of one lot from R-1 to R-3. Thereafter, on October 13 they adopted Resolution No. 4-76, Recommending the Adoption of an Ordinance Reclassifying One Lot on Howard Avenue from R-1 (Single -Family Dwelling) District to R-3 (Multi -Family Dwelling)District. This resolution was filed with the City Clerk and referred to the City Council. On November 1 the Council scheduled it for hearing December 6, 1976. The Final Parcel Map was approved by the Planning Commission October 27 and by the City Council November 15 (via the consent calendar). The Sol and Hope Gittelsohn property at 1500 Howard is now one lot with the zoning district boundary going through it. The Commission resolution recommended relocation of the zoning district boundary to follow the side lot line. Ordinance No. 1092, which was introduced for first reading November 15, 1976, recommends amending Sec. 25.12.020 regarding zoning district boundaries. The change would locate the boundary on the line dividing lots as shown on the most recently approved Record of Survey parcel map or subdivision map. WMS/s Wayne M. Swan Attachments: Planning Commission Resolution No. 4-76 Planning Commission Meeting Minutes of September 27, 1976 Negative Declaration ND-89P posted September 16, 1976 Staff Report on Subject: 1500 Howard Avenue Reduced copy of Parcel Map PLANNING COMMISSION - CITY OF BURLINGAME RESOLUTION NO. 4-76 RECOMMENDING THE ADOPTION OF AN ORDINANCE RECLASSIFYING ONE LOT ON HOWARD AVENUE FROM R-1 (SINGLE-FAMILY DWELLING) DISTRICT TO R-3 (MULTI -FAMILY DWELLING) DISRICT WHEREAS, on or about August 3, 1976, pursuant to the provisions of Chapter 25.16 of the Municipal Code, an application was filed by HOPE and SOL GITTELSOHN for reclassification of Assessor's Parcel No. 028-291-010, Lot p-3, Block 4, Burlingame Park No. 2; and WHEREAS, the Planning Commission fixed Monday, September 27, 1976, at 7:30 p.m. in the Council Chambers of the Burlingame City Hall at 501 ,Primrose Road, Burlingame, California, as the time and place for a hearing upon ;`said application; and 5y WHEREAS, the Planning Commission finds that the notice of time iand place of said hearing has been given by publication as required by Section i !65854 of the Government Code, and Section 25.16.020 of the Burlingame Municipal ;Code, and by mailed notices to -all affected property owners, and no other tice is necessary; NOW, THEREFORE, IT IS HEREBY RESOLVED that: 1. The Planning Commission makes the following findings: (a) The information contained in Environmental Impact Report 32-P so far as it is relevant to this lot, and in the Negative Declaration signed by the City Planner and dated August 4, 1976, is incorporated in these.findings by reference. (b) The subject lot is owned by the owner of Lot 2, Block 4, Burlingame Park No. 2, adjacent thereto, and is the subject of a parcel map for the combination of both parcels. (c) The boundary line dividing the R-3 and the R-1 Districts is the common boundary line between Lots 2 and 3. I I 9/28/76 1 i (d) Section 25.12.020 (4) of the Burlingame Municipal Code provides: "Where a district boundary line, as shown on the zoning map, divides a lot, as now existing or as hereinafter subdivided, the use permitted in the least or lesser restricted portion of such lot shall extend to the entire lot, provided the property is developed as one unit." (e) Lot 2 cannot feasibly be developed as a multi -family parcel, nor can Lot 3 feasibly be developed as a single-family parcel. A combination of said parcels will allow a multi -family dwelling of eight to ten units to be built thereon fronting on Howard, with a twenty foot side setback from El Camino Real. (f) The proposed zoning change will be consistent with the Burlingame General Plan. 2. The Planning Commission recommends to the City Council the reclassification of Lot 3, Block 4, Burlingame Park No. 2 from R-1 (single- family dwelling district to R-3 (multi -family dwelling) district. 3. The Secretary of the Planning Commission be, and he hereby is, ordered to transmit to the City Council a copy of the minutes of said public hearing as and for a summary of hearing provided for by law. 4. The Secretary of the Planning Commission be, and he is hereby, ordered to transmit to the City Council a cer/fied copy of this resolution. Thomas C. Tayor Chairman, Planning Commission City of Burlingame s ` I, THOMAS W. SINE, Secretary of the Planning Commission of the City o Burlingame, do hereby certify that the foregoing resolution was introduced and ;!adopted at a regular meeting of the Planning Commission on October 13 , 1976, .by the following vote: AYES: COMMISSIONERS: Cistulli, Francard, Jacobs, Kindig, Sine, Taylor NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Mink tcretary 2 THE CITY OF BURLINGAME PLANNING COMMISSION September 27, 1976 MEETING ITEMS FOR ACTION 1. TENTATIVE PARCEL MAP, BEING A RESUBDIVISION OF LOTS 2 AND 3, BLOCK 4, BURLINGAME PARK NO. 2 (APN 028-291-010) AT 1500 HOWARD AVENUE, ZONED R-1 (LOT 3) AND R-3 LOT 2), BY WILLIAM WRIGHT FOR SOL AND HOPE GITTELSOHN. C. Taylor determined that Mr. and Mrs. Sol Gittelsohn and Mr. and Mrs. M. P. Bruton were present in the audience. C. P. Swan advised that notices had been sent to all property owners within 300 feet, and to some other interested parties,. This is a concurrent application for a tentative parcel map and reclassification (Item #2 of the agenda). He referred to the map received September 27. The rear property line had been revised September 24 to exclude about 1,000 SF of area beyond the creek. The revised lot area of Parcel A is now reported as 12,524 SF (per map revision of September 29). The purpose of this hearing is to eliminate an existing property line and consolidate two lots into one parcel. Sol and Hope Gittelsohn live at 1500 Howard Avenue, a single family dwelling at the corner of E1 Camino Real and Howard Avenue; their house is located on two lots, and is a nonconforming structure. The C.P. read from staff report, noting that the Gittelsohn house is located partly on Lot 2 which has a side yard along El Camino Real and is in an R-3 District, and Lot 3 which is in an R-1 District. Planning Commission Resolution No. 3-75 recommended to Council the adoption of an ordinance reclassifying seven lots in Burlingame Park from R-1 to R-3 and this included Lot 3 of Block 4, the Gittelsohn lot. One of the Commission findings at that time stated only one parcel was likely to change, the property at 1500 Howard Avenue; the owners favored the reclassification since it would present an opportunity to develop the site satisfactorily. The C.P. noted no project has been proposed at the present time and that the proposal to relocate the property line appears reasonable and consistent with objectives of the General Plan. Chm. Taylor asked for audience comments in favor or opposed. Receiving none, he declared the public hearing closed. C. E. Kirkup advised utilities are adequate to handle either single family or apartment use and advis.ed Commission it could approve the map. C. Mink moved approval of this Tentative Parcel Map; second C. Sine and approved by unanimous roll call vote. 2. RECLASSIFICATION OF ONE LOT FROM R-1 TO R-3, BEING A PORTION OF 1500 HOWARD AVENUE (APN 028-291-010) BY SOL AND HOPE GITTELSOHN.' C. P. Swap commented that the Reclassification had been discussed with the Tentative Map (Item #1). ND-89P relative to reclassification had been posted; the C.P.'s "Reasons for a Conclusion" noted that no EIR was required because EIR-32P, which was certified by the Council on April 21, 1975, was prepared for reclassification of this lot and 9 other lots from R-1 to R-3. The negative declaration also stated improvement of this corner lot with an 8 to 10 unit apartment building would have little or no adverse impact. There was no audience comment in favor or opposed to the application and Chm. Taylor declared the public hearing closed. C. Sine moved approval of this Reclassification application; second C. Cistulli, and approved by unanimous roll call vote. Replying to a question from C. Jacobs, C.A. Coleman advised that reclassification is simply a bookkeeping matter under Burlingame's code; the code provides that when a parcel map such as this, which combines lots in two different districts, is approved, the resulting lot will go to the least restrictive toning district. C. Mink suggested Chm. Taylor direct staff to prepare a study dealing with deletion of this section of the code. C. Cistulli concurred and Chm. Taylor so directed staff. 1 I:):l1:1131''1' 13 I)ECT.11Il1TION • 1 ' Ten t.a tive 1'roccdurc • ! <•,�'�" 5/10/73, Suhjcct- to Revision ' •1500 140%10• AVENUE c, 1'rojecL Addresn 01: Locatrioii TO: COUNTY CLERK ! . ,i. County of San Mateo �'1., '!-� Redwood City, California 94063. • File No. IID-89P Project Title: Gittels hn Property Type of Permit:* Reclassification , Legal Description: Lot 3 Block 4 Burlingame Park Portion of•APN 028-291-010 j Zone: R-1 - --- Property Owner: Name: Sol and Hope Gittelsohn _ Address : 1500 Howard Avenue Burlingame, CP.. �4010 Applicant: Name: Sol Gittelsohn Address Contact Person: Area Code: Phone: 343-3758 PROJECT DESCRIPTI'-11: Reclassify one lot from R-1 to R-3 to combine rwn Ints Into one R-3 parcel. A single family dwelling is located on two lots at the northwesterly corner of El Camino Real and Howard Avenue. No immediate project has been proposed just the rezoning of one R-1 lot. Tile City of Burlingame by Wayne M. Swan on August 4 1976 1.9 76 , completed a review of the proposed project and determined that: (. ) it will not have a significant effect on the environ-inert. (x) 1�o Environmental Impact Report is required. Environmental -Impact Report EIR-32P for the reclassification Reasons for a Conclusion :9 f th�lo an �9�n�ha � ae�=1 rt�ra r " PC. Res. N0.2-75 and later modin eg an IF, i ie y e ci y counci pri , Reclassification of this lot was recommended by_pC Rec tin -75 adnpted March 10, 1c7-_ The 'resulting R-3 parcel would be 12, 560 S.F. in area. The urban corner lot could be improved with an 8 to 10 unit apartment building fronting on Howard with a 20 foot side setback from El Camino such an improvement would ha.vs little or no adverse impact but measurable _ benefits to the City .of Burlingame. /4 Date Signed S1911atu e of Processing Of—c -a_ City Planner • Title Unlb-s appealed within 10 days hereof the date posted, the dc•termir.ation ::hall be final. ' Date Posted: 1)l:CJ,7% NT1OV OF POSTIt:G ' I declare under penalty of perjury that I am a Deputy City Clerk of the - City of Burlingame and that I posted a true copy of the above 1lcgat3-Ve Declaration at the City lIall of said City near the doors to the Cour.c4l Chambers on: . Executed at Burlingame, California, on _ , .� /C 197 Appealed: ( ) Yes ( ) No A4'TI:ST: _ �� ✓�i°e Deputy City Clerk ' 1� L•'Vly YN I1. / III,L, City Clerk City of. Burlingame Staff Report Item 1 & 2 9/27/76 SUBJECT: 1500 HOWARD AVENUE In 1974 the Planning Commission was charged by Council to make the zoning map consistent with the General Plan. After extensive study of Burlingame Park and East Burlingame areas, a project consisting of Reclassification of 10 lots from R-1 to R-3 was reported in a Draft EIR and recommended to Council. Planning Commission Resolution No. 2-75 Making Draft Environmental Impact Report, EIR-32P included a finding that the first 150 feet southwesterly of E1 Camino Real was designated medium high density residential use. Their Resolution No. 3-75 recommending the adoption of an ordinance reclassifying seven lots in Burlingame Park from R-1 to R-3 included Lot 3 of Block 4, the Gittelsohn lot. Sol and Hope Gittelsohn live at 1500 Howard Avenue in a single family dwelling at the corner of E1 Camino Real and Howard Avenue. Their house is located on two lots; Lot 2 which has a side yard along E1 Camino Real is in an R-3 District and Lot 3 is in an R-1 District. If the R-1 lot were rezoned to R-3 the resulting parcel would permit a small apartment building with 8 to 10 living units. One of the Commission findings incorporated with P.C. Res. No. 3-75 was: "Only one parcel is likely to change, the property at 1500 Howard Avenue, now partly in R-1 and partly in R-3. The owners favor the reclassification since it presents an opportunity to develop the site satisfactorily." At the regular Council meeting held April 21, 1975 EIR-32P was modified and then unanimously certified by Resolution No. 23-75. One change to the reported environmental impact was the statement that the neighborhoods surrounding the two lots which might be redeveloped would be significantly affected by the reclassification. No building has been proposed by the owners who are seeking this reclassification. If, in the future, someone seeks to construct a modest apartment building, it will not require an EIR. There would be little environmental impact from such a change. Future residential use will be limited by the number of off-street parking spaces that can be provided and conform with zoning regulations. An initial report has been completed for the proposed reclassification. A Negative Declaration, ND-89P, has been prepared for the Gittelsohn property. Reference is made to the Final EIR-32P which was certified by Council Resolution No. 23-75. When the proposed reclassification Ordinance No. 1036 came before the Council for hearing on April 21, 1975 there was considerable public support to retain all of the R-1 lots with no change in the R-3 District boundary. Thereafter the Council unanimously adopted Resolution No. 24-75 Amending Part III General Plan to Restrict Residential Densities in R-1 and R-2 Districts to Those Permitted by the Present Zoning Code. The Gittelsohn application to relocate the house to their side property line appears the General Plan. WMS/s L R-3 District boundary line out from under their reasonable and consistent with objectives of SURVEYOR' 5 CERTIFICATE This map was oreoored by me or under my direction and !s based upon a field survey in conformance with the requirements of The SUbdlV1S/On /gap Acf of the requee% of So/ &1tte/9017n. I hercby stale that d mnfcrms to The approved Tenlative Map and the conditions of approval Thereol ; That a// provisions of opplicab/e Stale Low and Local Ordinances ho �e been compbed w/th. Wm. B. Wright - - - - - - - - L.S. 9917 CITY EI`/GIIYEER'5 CERTIFICATE This mop conforms with The requ/remenle of the Subdivision Act and /aca/ ordinance Doled-----_---- Rb/ph f(irkup -- -- Direclor of Public Y'brks c/TY PL4IY1Y1NG COMM/55/01" CERTIFICATE The City Planning Commission of the Ci/y of Bur/i7ga1r1& , at a re ?u/ar meeting held on The _--_-_day of/976, duly approved the WIIhin rnoP • By Chairman ----------- Secretory ----- -- CITY CLERKS CERTIFICATE I hereby certify that the City Council of the Cify of Bur/inge me, o/ ifs regular meeting held 0r7 the______ -day of___----,/5'7__, duly approved the wi/hirr mop and occeo%d an behalf of the public al/ parcels Of land offered for dedication far pub.'ic use in conform//y with the terms of the offer of dedicoficn. p°led------------- Nerbert K While, Cdy Cisrk OWNERS c—cR7IFIC.47E We hereby certify that we are the owners of or have some right, title or inlereef in and to the real property included within the subdi 'isio" shown upon this map, and we hereby consent to The preporo; ion and recordation of this mop 05 shown within the colored b )rder lines. As Owner___ ____------_------- --- 50/ Gitte/schn — Nape L.Gittefsohr, PARCEL MAP F!T�16�" 1976 Cif\' W.'c'KF.FIt BEING A RESUBDIVISION OF LOTS 2 AND 3, BLOCK CITY OF gi)RLINGAME 4, MAP OF SUBDIVISION NO.2, BURLINGAME PARK, FILED IN BOOK 3 OF MAPS AT PAGES 76 AND 77, RECORDS OF SAN MATEO COUNTY, CALIFORNIA BURLINGAME SAN MATEO COUNTY, CALIFORNIA WM. WRIGHT CO. SURVEYORS 1539 BAYSHORE HIGHWAY, BURLINGAME f397-7752 SCALE: I" = 20' AUGUST, 1976 I SHL'1 7 1 OF I /0.00 6 Not 5ei, Y101,13 w in creek 196,08' PARCEL A ft. 0.2890 Ac. O O former lot 1117e to be elimlnoleol 15 /4L 00' -C Fd 50-01' Fd, -- +1 60-00' E L C A M I N 0 REAL