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HomeMy WebLinkAboutMin - CC - 1993.02.17510 BT,RIJINGAI,IE, CALIBORNIA February L7, L993 A duly noticed regular meeting of the Burlingame City Cguncil washeld on the above date in the city'HaI1 Council chanbers.'. Theneeting was call-ed to order at 7:30 p.m. by }tayor Bud Harrison. CALL TO ORDER PLEDGE OF ALLEGIANCE TO THE FLAG Led by Fire Chief MaIcoLn Torrns. ROLL CALL COIJNCIL PRESENT: COIJNCIL ABSENT: HARRISON, KNIGHT, LEMBI , OIU.AHONY, PAGLIARO NONE PUBLIC HEARING - APPEAL FOR PARKING VARIANCE FOR IIIEDICAL OFFICEAT 1846 EL rNO REAL RESOLUTION 9-9 3 PROVING SAME City Planner reviewed her memo of January 21 which recommendedcouncil hold a public hearing and take action. Dr. Chen ChungHo, applicant, and Alfred E. Croci, property owner, are requeit-ing a two space parking variance in order to change the use of an863 square foot office area to health service use in the twostory office building at 1846 EI Canino. The applicant wants touse the first floor area for an acupuncture and herb center. Thefacility would be open Monday, Wednesday and Friday from 9:30a.m. to 11:30 a.m. and 2:30 p.m. to 6:30 p.m. and Saturday from9:00 a.m. to 12:00 noon. There would be one fuI1 tirne employee(Dr. Ho) and one part time emp1oyee who uses public transit.There are 12 parking spaces on site. The applicant stated theforner use at the site was a nedical laboratory (Meris Labs).The city has no record of a business license for Meris, the 1abwas listed in the teLephone directory from March 1999 to Septem-ber 1990. A parking variance was not required for Meris becausethe city did not know of its existence. This is a code enforce-rnent issue. The Planning Conmission voted 5-1 to deny thevariance at its January 11 rneeting and noted the problerns hrithparking in the general, area. Councilwoman OtMahony asked aboutapplicant not being at Planning meeting, and about finding thesebusinesses which do not have permj-ts and licenses. CouncilwonanKnight asked about code enforcement and remodel lrithout buildingpermits; if hair salons are retail business; variance goes withthe site so next health service business in site which operatedunder sarne constraints srould have this requested two spacevariance if council grants it; easement for parking in Sp 1ot,staff said that parking is no longer available. l{ayor Harrison opened the public hearing. Dr. Ho, applicant, explained his business of acupuncture andchinese herbs; he likes the area and wants to stay in Burlingarne.In response to council questions, Dr. Ho explained the storagearea behind the reception desk is for herb storage, some people corne in just for herbs and so herbs must be cl,ose to receptionarea; patients stay 30-45 minutes, one might be in examinitionroom, another in treatment roorn; there would be tno or threepatients there at one time; he sees seven or eight patients aday; he understood requirement to get building permits. MINUTES ?he minutes of the Regular Meeting of February 1, 1993 were approved unanirnously on rnotion of Councilwonan Knight, second.edby Councilnan Lembi. Councilwornan Knight asked about a hearingon tonightrs agenda which was scheduled for the March 1 meetingin those minutes. Staff explained another hearing was canceled and the applicant asked to be moved forhrard to this neeting. 511 Douglas Ucclashon, attorney representing Dr. Ho, said storage roon A is for herbs, storage roon B is for sterilization equip-ment. Findings to allow variance are the limited use of theproperty, onl-y 19 hours a week, much less than a retail businesslDr. Ho rnade a substantial investrnent in remodeling and moving tothis site; he showed pictures of parking lot which is never fuIl,while surrounding parking lots are fu11, parking for this busi- ness is not a problen; medical use is conpatibte r{rith the area,especially with the linited hours and parking. Two patients also spoke in favor and said they had never experienced problensparking; Dr. Ho is bringing lots of new peopte to Burlingame;they urged approval . Mayor Harrison closed the public hearing. Councilrnan Lenbi thought this use hras better than some that couldgo into the site; he noved approval of the variance by adoptionof RESOLUTION 9-93 with conditions in staff report, amendnent tocondition 2 liniting activity to one professional practitioner, and made findings that this use rrould not injurious to others,there would be less parking inpact than with a retail business, and this business was compatible with the area. The rnotion was seconded by Councilwoman Orl{ahony. Council$ronan Knight confirmedthe applicant understood he would have to get building permits, she could support the request because it is a reduced typemedical use. The motion carried unanimously 5-O on roll caII vote . PUBLIC HEARING - APPEAL FOR SPECIAL PERMITS FOR AN OVERSIZE E I{I HALF BA AT 916 ARK APPROVING SAME city Planner reviewed her neno of February 10 which recommendedcouncil hold a public hearing and take action. David and Toni Nava are requestj-ng three special perrnits for a proposed 874 sguare foot detached garage with laundry, half bath and 216 square feet of storage. The proposed uses in the new structure would be for parking three vehicles, for half bath (sink andtoilet) and laundry area, and for storage. The house as shorrn onthe plans submitted is 1,,290 square feet; based on this size house the maxirnum amount structure is 129 square submitted plans for a sethe square footage of th 10 percent storage in ththree use perrnits for (1 storage pernitted in a detachedt. The applicant has noted that hed story addition which would increase ouse and therefore the basis for thearage. The applicant is requestingn accessory structure exceeding 500 of fee coneheg )asquare feet in size (874 requested), (2) accessory structure withwater, sewer and toilet, (3) storage area exceeding 10 percent ofthe gross floor area of the main structure (129 allowed, 210requested). If the pl,ans subnitted for a second floor areconsidered, the gross square footage of the house r^rould be 2390 and this third pennit would not be needed. The Ptanning Couunis-sion reviewed this reguest on January 25 and voted 5-1 to denythe request because the garage was too big. Councilman Pagliaro asked if the plans for the second floor addition required anyvariancesl staff said no; staff reviewed overnight parking requirements for streets. IIayor Harrison opened the public hearing. David Nava, appLicant, said he presently lives in San Itlateo andwill nove to this house when remodel is completed; the nes, housewill have four bedrooms; shed in back yard witJ. be rernovedl rearof the property backs onto two properties; need bathroon ingarage because he is a mechanic and his wife does not want hirn coming into the house to use bathroon; explained why steel beamswould be needed if garage size is reduced; mechanic tork is a hobby. Mrs. Richmond, neighbor, was happy to see this young couplemoving in, she hoped city approved their plans. Mayor Earrison closed the public hearing. 5t2 council discussion ensuedi house remodel will neet all code requirements and no variances would be needed; parking require- nents for four bedroon house were discussedp accessory structure cannot exceed 500 square feet in size without a special usepermiti also need pennit for sink and serrer connections ingaralrei storage can be up to 10 percent of the gross square footage of main house. Councilwoman O I ![ahony said she had lotsof problens with this application; she rrould like to see plansfor the house remodel before approving the garage, council should deny without prejudice so applicant can come back !,rith complete house plans as well as garage plans. councilman Pagliaro thoughtthe garage was too large, he would agEee to deny without preju-dice. City Planner said if applicant nade substantial revisionof plan he could corne back even if the project were denied; she would consider a significant reduction in size to be substan-tially different. Al-1 council agreed they were concerned aboutsize of structures, residents are against large bulky projects. After further discussion, Councilman Lembi moved adoption of RESOLUTION 10-93 to allow the applicant a tlro car garage with Iaundry, half bath and storage to be built within the 500 squarefoot lirnitation, with other conditions suggested in the staffreport. seconded by Mayor Harrison, carried 3-2 on roll callvote, Councilwoman OtMahony and Councilnan PagJ.iaro voting no. TENTATIVE MAP FOR FOT'R LOT SUBDIVISION, NEGATTVE DECLARATTON AND ANCES AT 2202 S Director of Public l,lorks reviewed his rnerno of February 11 which recommended council hold hearinq and take action. The appli-cants, l{r. and Mrs. Hutnick and their representatives, are askingto divide a 116,200 square foot 1ot (2.67 acres) into fourparcels. The existing house on Lot 1 would remain. Approval ofthicri 24 fee feefro steterifeettprtre ntag ntative nap requires waivers of the physical designa requiring minor streets to be 34 feet wide (they propose rridth) and a rnaxj.rnun cul-de-sac length of 250 feet (675oposed). A variance is needed for street frontage (60quired and none proposed). Code provi-des that if streete is inpossible, the city nay reconmend an easementproviding ingress and egress to a public street. Maintenance ofthis private road and its improvenents is proposed to be by theprivate property owners of that subdivision and wilL includestreet lighting, lrater mains and all roadlray improvernents. Developnent of the sites will require cutting into the hillsides,with retaining wa1ls for the cuts and structures. Parts of theprivate road, driveways and pads will require fi1l. Approxinate-ly 140 feet of open creek is proposed to be culverted and sometrees will be removed. Planning Cornmission recommended denial ofthis tentative map. Council discussed the 16 conditions recom- mended by staff and the conditions suggested by the Planning Comnission at its neeting,' some concerns lrere about where guests hlould park, the road is a fire lane; l-ots of landslides on this1ot, one very large slide was of particular concerni how wouldresidents exit if road were blocked by slide or fire; should haveanother egress point, applicants $rould have to get an easenentthrough neighboring land; soils engineer would inspect all- cuts and fills; concern about city liability for allowing substandardstreeti parking enforcernent concerns. Mayor Harrison opened the public hearing. Chris Harper, consultj.ng engineer, introduced his associates,soils engineer and architect, he showed overheads of various rnaps and aerial photos; reviewed history of the parcel; said the owners are proposing four very large 1ots, with a 24 faot drive- way and five foot sidewalk; they need three variances, (1) forcul-de-sac length - he noted it would j-mprove access for firesafety, (2) for 24 fool width of roadway, road is now only 14feet wide, and (3) for not having street frontage; he felt this new road would be an improvement and since the site has naturalbeauty you would lose more if you widened the road, you wouldalso lose more treesi improved fire safety tould be benefit forneighbors aIsol road curbs would be painted red and rnarked trfire lanerr; he noted other public roads in area are less wide than 513 this proposed roadwayl the height of future buildings would bewell below houses in area; there are 150 trees on site, nostly bays and oaks, seven bay trees would be renovedi they are in-stalling fire hydrants, new homes woul.d be sprinklered; he notedthere are two paths out of area near proposed lots 3 and 4 andalso there is the trold gravel roadrr near entrance to this parcel which might provide egress. Reed Fisher, geologist, talked about the soils report, showedcreek area, and overhead of landslide sites on parcel. Council- man Pag15.aro was very concerned about one large slide, the toe ofwhich is at the roadway, that slide could block access to theentire subdivision. Councilrroman O rllahony asked about egresspointsi Councilwornan Knight asked if there had been any earth novement since this rainy season began. Jin walsh, Brian Kangas Fau1k, reviewed the cuts and filling that would be done in grading the site, the cut and fill would bebalanced, the soil fron areas that are cut to develop buildingsites will be used as fill in building the street and driveway access in other areas of the subdivision. Councilwoman Knight wondered if they would agree to suggested bulkhead requirenent of Davidson letter dated February 5, 1993. Walsh reviewed the stormdrain channels would be increased in sj.ze, runoff would go intodrainage; they use erosion control guidelines of ABAG. Council asked about drain tiles installed behind retaining wa11s; cost of naj,ntenance of the private road and hydrants to be assessed toproperty ov/ners. Peter Davidson, 2694 Summit, was extremely concerned aboutlandslides and the effect on his property; he was not sure therrgravel roadrr would provide adequate egressi there is also poten-tial for view obstruction (staff noted any building would requirea hillside area construction perrnit) i he urged council to supportstaff and cornmission recommendations and also require 50 percentrrover booktr for soils work, stronger bulkheads. Mary Ann Natly, Summit, adjoins the Hutnick site, she also has aIarge parcel but was told she could only subdivide to two 1ots, she was shocked at the nunber of homes that would go onto thissite; concerned about loss of view; the driveway would be twiceas long as her driveway; this parcel is steeper and more woodedthan her parcel, if they renove trees they shouLd be required toreplace them; another concern was only one access road to thesubdivision. charles Mahnken, 2514 Sunmit, showed photos of vielrs from his hone; this subdivision would irnpact 22 fanilies around the canyoni people who buy these lots wiII have to get variances tobuild; he urged denial. Council asked if he was against any developrnent of the parcel, I'Iahnken replied he would not oppose atwo 1ot subdivision, he vrould like it to remain open area. Natly asked about rear setback requirements, staff said ninimum $rouldbe 15 feet. Illayor Harrison closed the hearing. CounciLnan Lernbi asked the architect, Veronica Gomez, if she hadplans for homes on these sites. She said she had rough plans forLot 4 where she would live and Lot 2 where her brother would1ive, her parents, the Hutnicks, would continue to live on Lot 1. Councilman Pagliaro disagreed with the Negative Declaration,there is great potential- for slides and fire danger; he would deny and ask they provide reasonabl,e egress from the back ofparcel. Councilwornan Knight agreed, she was al-so concerned aboutthe creek enclosure and retaining walls, the narro$, streets andparking for guests; would like to see plans for buitdings on theparcels. Council$/oman OtMahony thought the property owner has aright to develop his property but she agreed the negative decla-ration was fu11 of holesi this is a magnificent piece of land butthe owner needs direction. Councilrnan Lenbi was worried aboutproperty rights and the uphill neighbors imposing their wishes onthe downhill neighbor but in this case he would prefer to seethree lots because of the steep terrain. Councilnan Lenbi noved to uphold the Planning Conmission denial. Seconded by councihronan Knight, carried 5-0 on roLl call vote. Mayor Harrison called a recess at 10:28 p.n. The neeting recon- vened at 10:35 p.n. with a]1 council menbers present. PUBLIC COMMENTS Tim Auran, 1323 Bernal, asked council to reconsider the date ofthe FAR study meeting because it conflicts with the St. Patrickrs Day holiday. There hrere no other public conments. REPORT ON BALL FIELD ALLOCATION Uayor Harrison commended Councilmen Lenbi and Pagliaro for the neeting and report. Councilnan Lenbi reviewed the neeting on February 10 with two Park and Recreation Connissioners and staffto discuss allocation of fields. Ile suggested a conpromise that rrould all,ow Little League to play over one-third of their ganes in Burlinqanei they would be pernitted to use the two fields at Burlingarne High all day Saturday as of March 20, the main diamondat washington Park is already issued to Little League Monday through Friday and all day Saturday and Sunday for the senior league; Little League can use the nain field at washington Parkfor games or practice for 7-L2 year old. Council concurred with these suggestj-ons. Councilnan Pagliaro said the city shouldrepair the fields at Franklin School because the city's children need these fields for baseball and soccer. CONTINUANCE OF I"IASSAGE LICENSE REVocATIoN HEARINGS City Attorneyrs meno of February I inforned council that these hearings are continued because building and fire inspectors have found nany code violations at the sites and misderneanor com-plaints have been filed for those violations which entitle the operators to a new hearing before the City l"lanager. HOUSING ELEI,,IENT T{ORKSHOP DATES ELIIi{INATE RENTAL FE E FOR ENC ROA PERMIT AT 1201-1209 BI'RLIN- GAIUE AVENUE city Manager reviewed his rneno of February 8 which recornmendedcouncil consj-der this request. Joe Karp has requested thatcouncil elininate the rent charged for a trash and recyclingenclosure he buil,t with city encroachnent perrnit in a nedianstrip of a parking lot behind this address. He noted in hisletter that the city has since built sinilar trastr recyclingenclosures in other parking lots for businesses to use. Council- woman OrMahony moved to elirninate the rental fee for this en- croachment perrnit. seconded by }tayor Harrison, carried 5-O onvoice vote. Councilwonan Knight mentioned a city recyclingenclosure which appears to open in the wrong direction and which has a large pothole in front of it. CONSENT CALENDAR City Attorney withdrew itern a. There was brief discussion regarding d) a tentative nap and the property setbacks and e) an encroachment pernit, the applicant must notify Pc&E beforebuilding walls. Councilman Pag),iaro asked about a paynent to anattorney under f) Warrants, staff explained that the issue was adisputed property acquisition. ORDINANCE - REVISING LICEN SING OF CERTATN BUSINESSESa City Attorney withdrew this ordinance. 5t4 City Planner reviewed her merno of February 10 srhich recommendedcouncil give staff direction for selecting dates for the Housing Element workshops. One date, April 17 (originally the joint council/Planning saturday neeting) is agreeable to everyone.Council directed a Wednesday evening in May be chosen as theother date. 515 b RESOLUTION 11-93 - A1ITHORTZING CTTY TO ACOUIRE FEDERAL SURPLUS PROPERTY City ltlanager i s memo of February 3 recommended council ap-prove a resolution authorizing the city to acquire sonefederal surplus property from the State. RESOLUTION 12-93 - AMENDING APPLICATION FOR STATE LOAN FOR WASHINGTON PARK WATER WELL AND ADOPTING CITY POLICY FOR USE OF WELL WATER Public Worksr memo of February 9 reconmended council autho-rize the City Uanager to nake an anended application andadopt a policy to use well water as much as possible. d. RESOLTnTO 13-93 APPROVING TENTATIVE AND FT MAP AND c VARIANCES FO A TWO LOT SUBDIVISION T 729 LINDEN ENCROA PERMTT FOR B rCK WALL AT 3 015 ARGUELLO COUNCIL TTEE REPORTS Public Worksr nemo of February 9 recommended council concurwith the Planning Commission and approve this map subject toconditions listed in staff report. Public Worksr meno of February 9 recommended counciL approvethis permit subject to condition that the applicant asiurethat PG&Ers underground conduit is clear before installa-tion. f. WARRANTS AND PAYROLL Finance Director recomnended approvaL of Warrants 24923 -25310, duly audited, in the anount of 9L,244,655.56 andPayroll Checks 53272 - 54382 for the rnonth of January 1993in the anount of $1,716,063.16. Councilman Lenbi moved approval of the Consent Calendar. Second-ed by councilwoman Knight, carried unanirnously by voice vote. Criminal Justice: Councih{roman Knight attended a meeting, EastPalo AIto had two representatives there. C/CAG: CounciLman Pagliaro went to a meeting where C/CAG agreedto withhold action for a year like Burlingama did, l,tenlo pa;k hasapproved the airport UOU. He reported on funding availablethrough AB 434, night be a chance for a shuttle from hotels to doldntoern areas. CounciL discussed bus travel routes in area. TSM: Iilayor Harrison appointed Councilwonan Knight as neu repre-sentative to the TSM Authority. NEW BUSINESS Councilman Pagliaro asked about litigation, City Attorney willreport in closed session if council wishes. CHANGE COIJNCI L STUDY DATE Mayor Harrison noted a nemo fron the City Clerk about phone ca11sof concern about having the FAR study rneeting on St. patrick'sDay. Councilrnan Pagliaro said if we change this date we shouldalso change any meeting that fa11s on Bastill,e Day or cinco deMayo. CounciLwoman Knight agreed and noted at the last FAR studythe date of March 17 was announced to everyone. Council,womanO'Mahony said she has been besieged with r-quests to change thisdate. Staff suggested if council does change the date, that thenen date be after March 17 so that people do not rniss the meet-ing. After more discussion, Councilwornan OrMahony noved tochange the date for the FAR study neeting to l,tarch 24. Secondedby.Ivlayor Harrison, carried 3-2 on roII caII vote, CouncilwornanKnight and Councilnan pagliaro voting no. Council asked that anotice be in newspaper about this meeting. 516 a b BIS: Councilman Pagliaro noted a meno from the city Attorney regarding joint city/school athletic travel and insurance for any overnight or out of state trip. ACKNOWLEDGEMENTS Cornmission lilinutes: Civil Service, January 12; Planning, February 8, 1993. Department Reports: Treasurerrs, January 3L, L993i Police, January 1993. llerno fron city Attorney regarding school/city athl-etics. Proclamation for Arbor Day, March 7, L993. Copy of letter to Mills-Peninsula Board regarding cutbacks. council nembers said they are receiving lots of calls regardingthis subject. Letter from cancer Society urginq council to ban smoking inpublic places. AS S EMBLY]'{AN CONDIT LETTER tlayor Harrison asked a letter be sent to congressrnan Lantos regarding congressnan Conditrs letter urging support of his HR 140 Federal }landate Relief Act. ADJOI'RNMENT IN }IIEI'{ORY OF HARRY LEHRFELD Ilayor Harrison noted with regret the passing of fonner TSP Conmissioner Harry Lehrfeld who was a long-time resident and operator of Burlingane Realty. After a moment of silence, the meeting was adj ourned in his nemory at L1:12 p.n. ith A. Malfatt City Clerk c d e f (-/