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HomeMy WebLinkAboutMin - CC - 1993.02.01500 BURLINGAUE, CaLIFORTIIA February 1, 1993 CALL TO ORDER A duly noticed regular rneeting of the Burlingame City Council washeld on the above date in the City HaII Council Chambers. The meeting was ca1led to order at 7:31 p.m. by Mayor Bud Harrison. PLEDGE OF ALLEGIANCE TO THE FLAG Led by City Manager Dennis Argyres. ROLL CALL COT'NCIL PRESENT: COI'NCIL ABSENT: HARRISON, KNTGHT, LEMBI, OIMAHONY, PAGLIARO NONE MINUTES The minutes of the Study Meeting of January L6, L993 were amendedby Councilwoman OtMahony on page one to read that [she had re-ceived calls from constituents who were concerned about receivinga reduced quality of service if there were consolidation of fireservices, rr those minutes were then approved with the minutes ofthe Regular Meeting of January 20, 1993, unanimously on motion ofCouncilwoman OtMahony, seconded by Councilman Lembi. APPEAL FOR FOUR SPECTAL PERMITS AND TWO PARKING VARTANCES TO REBUILD A RESTAIJRANT AT 1492 BAYSHORE HIGHWAY - RESOLUTION 6-93 APPROVTNG SAME City Planner reviewed her memo of January 21 which recommendedcouncil hord a pubric hearing and take action. The propertyolrner, Michaer Gerardi, is requesting to rebuild the risrrermanRestaurant which was demolished in a fire in February L992. Theproposed design is a two story, L2,849 square foot slructure, (32square feet smaller than the structure which burned). rt isproposed to be buirt on the pires and pire caps of the originarstructure. Structural engineering reports show about 10 percentof this base for the foundation will need to be upgraded or addedto for the new two story structure. rn L977 the city granted aparking variance to the site to allow an expansion oi tne firstfroor; with the rernoder the use requires 130 on-site parkingspaces (same as required now). rn L977 they were only abre toprovide 100 parking spaces on-site, and arranged tor laaitionalparking at a gas station at the corner of gurlway Road, howeverthese spaces were abandoned at some time and are no longeravairabre. They propose to resurface and restripe the parkinglot to provide 120 on-site parking spaces, 18 self-park- spacei,five handicap accessible and the remlinder valet paiXing spaces. BcDc has required that three of the serf-park spaces be markedfor shoreline access parking, these spaces will also be availablefor the restaurant patrons. The two parking variances are forproviding 100 spaces where L3O are required and for undersizeparking space dimensions in the valet parking spaces. rn addi-tionl the design for thc new structurc and site does not complywith four Bayfront Design Gui'delines. A special use permit is - required for each of the design guidelines not met: (1) Floor Area Ratio (FAR) allowed for restaurants is . 15, the proposed FAR is .232 | (2) Building Height guidelines require it be equal tothe distance the buil-ding is set back from the 6.4 foot tideline, the proposed set back is 30 feet while the height is 35feet, (3) View Corridor blockage should not be more than 60 percent of the width of the 1ot, the proposed structure bl-ocks B0 percent of the width of the lot, (4) Landscaping standards forthe bayfront area require 15 percent of the 1ot outside BCDCjurisdiction be landscaped, only 9 percent is landscaped, half of the view of the parking from the front property line shoul-d be screened and no screening between the access drive and parking 1ot is provided and finally, 10 percent of the area within the parking lot should be landscaped and no landscaping is provided 501 in the parking lot. The Planning Comnission voted 3-4 and denieda rnotion to approve the four special permits and two parking variances, noting this was an opportunity to bring the site into compliance with code. The applicant subnitted two letters afterpreparation of the staff report that stated a five-year tease had been arranged for 30 additional parking spaces fron 6:oo p.n. to2:00 a.m. at 1499 Bayshore. Councj.lman Pagliaro asked about the number of self-park spaces, City Planner confirrned there are 18self-park spaces. I{e also asked about landscaping, the Tobin &Tobin (applicantrs attorney) letter said there hras 20 percent landscaping and staff report refers to 9 percent; City Planneragreed there is a total of 20 percent of the entire site land-scaped, but the city neasures landscaping in increments dependingon the area of the site inside and outside the BcDc jurisdiction. For exarnple there is no landscaping of parking lot area wherecode requires 10 percent of the area be landscaped. Councilwonan orMahony noted the lease agreement for additional parking andtherefor the applicant would only need one parking variance; CityPlanner said the lease is only for part of day during dinnerhours. l,[ayor Harrison thought under certain conditions the cityallows a property to be rebuilt as it was after total destructionby fire; staff noted that does not apply to cornmercial property,only residential; some other council questions needed to be answered by the applicantrs architect. IIayor Harrison opened the public hearing. Julian Hubbard, attorney representing applicant, introduced hisassociates, architects and valet parking operator for the site;they were unable to lease additional parking for 24 hour period,this parking lease does offer additional parking during heaviestrestaurant use period after 5:00 p.n. He believed they would show there is adequate parking available for the use. Randall Paul, architect, showed slides of the site, schematics and adjacent restaurantrs parking lot use; the new restaurantwill exploit the beautiful setting and vj-ews, will be open andairy looking, will use existing foundation that hras not damagedin fire; because of difficult parking 1ot, valet parking will assure best use of space and added safety for patrons and cars;other restaurant parking lots in area are not full; will nreetstate disabled accessibility lans; parking 1ot wilt be resurfaced and striped; he believed there was exceptional circumstances because the restaurant had existed there for 20 years; BCDC has approved all plans, new seawaII, landscaping and paths; thefoundation is structurally soundr' he reviewed height of project and tide line; as far as views being blocked, the site is notvisible from Bayshore, only view blocked is fron Alamo buitding;this new buiJ,ding does not exceed the height or bulk of theoriginal building. Councilnan Pagliaro asked about an architec-tural feature on front of building he objected to, it appears toincrease the height, building looks like a box,' architect saidthat feature is an extension of the seisrnic shear waI1, if it were eliminated the building would look even nore Like a box, hesaid the building wiII be very open; Councilman Pagliaro wouldlike to see some landscaping along edges of parking lot; archi-tect said they could reduce parking on site and add trees. Counci.lman Lembi asked about valet parking; architect said anyone lrould be allowed to park their car if they did not r,irant to usevalet parking service. Councilwoman Knight asked where the enployees would park; applicant noted some in lot, sone onstreets in area, depends on demand for on-site parking. Council- wonan O I l,lahony said the applicant is providing 150 parking spacesduring dinner hours with the lease; her concern r^ras need tocontinually upgrade these sites; council required additional landscaping for the Alamo site, she would like to see morelandscaping in the parking lot of this site. llayor asked if off-site parking lease were perrnanent; architect said fi.ve years,hopefully it could be rene$red,. attorney said the original restau-rant did fine with only 1OO parking spaces, he was sure they didnot need additional park j-ng. Va1et parking operator Jim Brickey operated parking at the o1drestaurant for 22 years, he is familiar with other sites in the 502 area; if patrons rrant to self park, they may do sor' restaurant staggers its reservations, so the parking would not be too greatat any one time; he never had an overflow crowd, never usedalternate parking site; he believed people are car pooling more.council questioned hin regarding valet parkinq for off-site area; employee parking off-site, noted enployees would not all be thereat the sane tinel size of parking spaces; asked about the six spaces closest to restaurant and ho!, lrould peopl.e get in and out; Brickey said they would leave their keys with valet. Attorney Hubbard reviewed the four special pernits, height is staggered from the bayfront sider' regarding view corridor, thissite is landlocked, not visible from street so no views are lost; the narket will dictate parking need; parking lot is surrounded by buildings, so it is not visible; there is 20 percent landscap-ing of the site; parking operator verified parking was adequatefor old site, there were no conplaints about lack of parkingthere; the restaurant existed for 20 years with no problerns or complaints; there is an existing foundation they can rebuild upon; the FAR was preexisting; he believed there were exceptional circumstances to grant the request. councilnan PagLiaro asked if they hrould object to a condition that the ohrner keep the public path clean and to a fine if it were not kept clean; Hubbard saidthe operator would agree to take responsibility. Dr. Santoni, a patron of the old restaurant for 20 years, said he never had a problem parking; he appreciated the valet parking; the business is an asset to the conmunity, creates jobs and should be approved. A resident of San Mateo said he had patron- ized the old restaurant and the owners are good people; he never had a problern with the parkingr. llayor Harrison closed the public hearing. Councilwonan O'Mahony had no problen with the project or theparking; the setback is acceptable because there is an existing foundation but she would tike to see nore Landscaping. Council- woman Knight could also support this project, the property isunusual, has been existing for 20 years, there is an existing foundation which should be used; there are exceptional circurn- stances and it would be an unnecessary hardship if council didnot grant this use; she was not crazy about the proposed facade,looks like an office building. CounciLnan Pagliaro had notrouble with parkingr' he would like to add a requirement that if rnaintenance of the public path area is a problen, after seven days notice, the owner would clean and maintain the public path area or be subject to $100 a day fine; he would also like to see landscaping in the parking 1ot along the north side of thedriveway. Staff e/as concerned about additional landscaping andsize of parking spaces, would there be planting area or just single trees. Council discussed the facade and possible redesignof the rrfinrr wall that spans the width of the structure I perhaps should be denied without prejudice. Councilman Lembi noved to approve the project by adoption of RESOLUTION 6-93 with 14 conditions in staff report and amendmentsto conditions number (1) except that there shall be at least 113parking spaces striped on site, 18 self park including handi- capped accessible and 95 valet parking spacesi (3) that thehighest point of the roof of the new structure shall be no higherthan 30 feet fron average top of curb,. (5) that the parkinglayout sha11 be as shown on the plans as nodified by councilaction with five handicap accessible spaces, 13 self park spaces designed to standard parking stall dimensions and 95 valetparkinq spaces, non sma]ler than I by 16 feet; (6) that 30 off-site parking spaces be provided at 1499 Bayshore for five years fron the date of the opening of restaurant, that this off-siteparking shal-I be availabLe for restaurant ernployees, customervaLet and sel,f-parked cars between 6 p.m. and 2 a.m. daily andthe lease be renewed after five years or be returned to councilfor review; (9) if after seven day notice by registered rnail thepublic access area has not been naintained, the property ownershall be subject to a $100 per day fine until the area is main-tained to a standard acceptable to the Park Directori and (13) 503 that a row of trees placed in protected wells shaI1 be installed aLong the north side of the entry driverray and the stripedparking layout urodified to acconmodate at least 18 seJ.f park spaces and 95 valet parking spaces. Seconded by CouncilwomanKnight, carried 5-o on ro11 call vote. Mayor Harrison called arecess at 9:11 p.m. The meeting reconvened at 9:23 p.n. t ith allcounciL menbers present. PUBLIC HEARING - SECOND READING - ORDINANCE 1479 - ESTABLISHINGIINO PARKING AT TTMETI ON BT'RLWAY ROAD EAST OF BAYSHORE IIWY Public Works Director revi,ewed his nemo of ilanuary 5 which recommended council adopt an ordinance establishing no parking atany time on both sides of Burl.rray Road east of Bayshore. As partof Alano Auto Rentalrs expansion to the old Amfac Hotel site, thePlanning Commission recornrnended and the Traffic Cornmissionsupported elirninating street parking on this short congestedstreet. Alamo is required to pay the cost of installation of theno parking signs. Mayor Harrison opened the public hearing. There being no com-nents, the hearing was closed. Councilwoman OtMahony noved adoption of ORDINANCE 1479. Secondedby CounciLnan Pagliaro, carried unanimously by voice vote. PUBLIC COMMENTS Gary and Sandra Lang, 22]- Dwight; Anthony Kakis, 2oo9 ClariceiJohn Lusardi, !24L Cortez i and Brian Delehanty, 211 Occidental;spoke of concerns about allocation of ball fields for Littte League baseball teamsi they thought Recreation Department uassupporting the neu league to the detrinent of Little Leaguei theyare allowed use of city fields only on Friday night and Sunday;they would like to have practice fields at BHs; Little League hadbeen in existence for 20 years; there shoutd be proportionil useof fields; never saw split of fields based on percentage ofBurlingame chil,dren a in leaguei are we trying to keep children frorTr other cities out of our parks; children are being hurt bythis contention amongst parents r. rrished councit would help toresolve issue, form an impartial cornmi.ttee to study and nakesuggestions on allocation of fields. Council had recej.ved aIetter thls evening from l,lichael price, an attorney and parentrepresenting Little League, but council had not had a chance toread it. Council members Lenbi and Pagliaro had been active inLittte League and understood some of these questions; council hasalready directed Recreation staff to be inpartial r. after consid-eratj.on discussion, Mayor Harrison appointed Councilmen Lembi andPagliaro to meet with three park & Recreation Commissioners andthe Recreation Director to revier{ this issue. He would like thisconmittee to report back to council at the rneeting of FebruaryL7. l,layor Harrison closed the public conment period. There hrasa brief recess. COMMI SS TON RESIGNATTON AND TERM IRATTONS I{ayor llarrison accepted with regret the resignation of LindaChester from the Civil Service Cornmission. Some other termexpirations frorn Senior, Planning and Library Board are upconingiCity Managerls meno recornmended council set l,Iarch 5 as deadtinefor appli,cations. councj.Irroman Knight noted the Libruntil June and she thought Irlarch 5 She told of another city which estspective comrnissioners and criteria commj.ssion neeting prior to applidea of what being a commissi.onerput off Library deadl,ine to a late PROPOSE I NCREASE TN FALSE FEES Board terms are not ups too early for deadline.ished questions to ask pro-hat these applieants attendg so that they have soneails. Council concurred toate. ary 9ra ab1atyin entrd Police Chief reviewed his memo of January 20 which recommendedcouncil consider an increase in false allrm fees (which have not changed sj.nce 1988) and adopt an ordinance to require an annualcity pernit for residential and conmercial aLarms. In 1992 thePofice Department responded to 11859 false aLarn caIIs, which is99.5 percent of the total alarm calls. The department has attenpted to educate alarn holders and penalizes false alarms butto date this has not had the desired effect of reducing falsealarms. A revision of the fee schedule upwards and requirenentof an alarn pernit would give the departnent greater control. Council wondered if there would be lots of appeals from thesefees; discussed procedure when an alarn sounds. Councilnan Lenbi moved approval of an j.ncrease in false alarmfees and directed staff to prepare legislation to establish analarn pennit procedure. seconded by Councilwoman orlrtahony,carried unanimously by voice vote. II.{PACT OF TNREINFORCED MASONRY STRUCTURES ON FOOD ESTABLISHMENTS IN THE BURLINGAME AVENUE AND BROADWAY COI'{MERCIAL DISTRICTS city Planner revj.ewed her meno of January 25 which reconmended council give staff direction. At the January 20 council meeting, council received a letter requesting assistance frorn Bob Burrows, olrner of a restaurant on Burlingame Avenue (Bit of England) which would be closing for LIRM repairs. Council directed staff toidentify options to ease the difficulty that existing food establishrnents night experience if they happen to be presently located j,n an unreinforced masonry building. In many cases this would mean the relocation of the existing tenant whife work is under way and rnay also result in an increase in rents. There are 11 food establishnents located in unU buildings in the Burlingarne Avenue commercial Area Subarea A and five in the Broadway commer-cial Area. Currently the nunber of food establishnents islinited to in Subarea A and on Broadway, and use pernits arerequired for relocation or expansion of food establishments. Shelisted five options for consideration. Council discussed the various options at Length; noted they lrould hate to lose the rBitr'n considering the time and expense ofrelocating a restaurant and conmercial kitchen and the relativelyshort time in which URM repairs can be made, council deterninedto nake no changes. REOUEST TO WAIVE PENALTY FEES FOR BUILDING PERMIT RENEWAL FOR 1445 EL CA!{fNO REAL Public Works Director reviewed his meno of January 27 which reconmended council direct staff. The Uniforrn Building Code (UBC) does not have a tine limit for building permits; howeverthe city code anended the UBc to provide that work under abuitding pernit must be conpleted within a given tj.ne based onthe value of the construction. The fee for extendinq a pernit is equal to the anount required for the original and additional extensions are double the oriqina] fee. At the last roeeting,council recei.ved a letter from David Najafy, owner of this site, requesting waiver of the fees of 52,644.05. Mr. Najafy explainedthe problems he had experienced in excavation with flooding and earth movenent. staff explained that his excavation came too close to an alley where old sewer, storm and water pipes vere Iocated, these pipes broke and flooded his site. Najafy told of expenses he had incurred with permits, difficulty with contrac-tors who would not take on job; finally found a new engineer, his nephew. He said being a foreign born citizen he does not under- stand aII the lahrs. council acknohrledged it has been over three years since this project was first subnitted r' after discussion, Councilman Lembi moved to sp1-it the fee in half. Seconded by Councilwoman Knight, carried unaninously by voice vote. CONSENT CALENDAR RESOLUTION 7-93 - ACCEPTING COMPLETION OF WASI{INGTON PARK IRRIGATION PROJECT - CP 9215 Park Directoris memo recorunended council accept this job as conpleted by B & K Landscaping in the amount of $311953. a 504 505 b. ENCROACM{ENT PERT,IIT FOR TENCES AT 1905 RAY DRIVE Public Worksr meno of January 25 reconroended council approvethis permit subject to standard conditions for tto hroodfences along the side property lines which extend into theright-of-way. c. RESOLUTION 8-93 - AI,THORI ZING AGREEMENT WITH THE BRoADWAY BUSINESS IMPROVEMENT DISTRICT (BID) City Attorneyrs nemo of January 28 recommended councilapprove this agreernent with the BID so the city can disbursefunds collected on its behalf for the t992-93 fiscal year. Councilnan Lembi noved approval of the Consent Calendar. Second-ed by Councilwoman Knight, carried unanimously by voice vote. COT]NCIL CO TTEE REPORTS OLD BUSTNESS - None NEW BUSTNESS at 10:5 p 1 h councilwoman Knight had attended a League conference at the HyattHotel in Burlingane. ABAG: l'layor Harrison announced the Councilman pagliaro wasappointed by the City Selection Committee as a member of the ABAGExecutive Board. Mayor attended the Chamber installation; srentto Samaritan House where he met Mary Bigharn who had a neeting ather home about affordable housing in Burlingane. Iilayor Harrisonannounced the city has a new Postmaster, Clarence Bro$rn, and that DHL r^ri1l be moving into our city. Mayor Harrison scheduled tvro appeal hearings for a new garage at916 Park Avenue, and for a twenty unit condoninium at 812-820 EICamino Real, for the March 1, 1993 neeting. !,tayor llarrison reported on overflowing titter cans on BurlingameAvenue at Starbucks; staff will notify the business and propertyorrner. Councilwornan Knight said some visitors attending theconference at the Hyatt wanted to visit downtown Burlingane andasked the concierge how to get there r. they were told to take SamTrans or walk to Broadlray; she wished the hotels provided ashuttle to downtown areas, apparently Rarnada HoteL does. MayorHarrison asked the Chamber to put this issue on a future agenda;Karen Key said the hotels canrt have a scheduled downtolrn ihuttlebecause that would change their insurance liability status. Housing Element: Mayor acknowledged a memo from the City plannerwith alternative dates for Housing Element Workshops. S[re notedthe consultant is suggesting two workshops. Council set satur-day, April 17 (regularly scheduled joint planning/Counci I rneet-ing) and Saturday, llay 8 fron 9 a.m. to noon. ACKNOWLEDGEMENTS a. Comrnission li{inutes: park and Recreation, January 21; Li-brary Board, January 19; Traffic, Safety and parking, Janu-ary L4i Seni,or, January 21; planning, January 25, ]-rg3. b. Three Letters regarding srnoking controls. Council had alsoreceived phone catls regarding smokers r rights. c. Letter from Senator Kopp regarding new airport noise insula-tion legislation. ADJOI'RNMENT The meeting Lras reguLarly adj ourne City clerk a