HomeMy WebLinkAboutMin - CC - 1992.01.06310
BI'RIJINGEUE, CAI'IFORIIIA
JanuarY 5, Lgg2
CALL TO ORDER
A duLy noticed reguLar neeting of the Burlingame city council was
held on the above date in the city HafI Councif Chambers. The
meeting was cal-l-ed to order at 7:30 p.m. by Mayor Frank Pagliarb.
PLEDGE OF ALLEGIANCE TO THE FLAG
Pledge was led by carlos Al-ca1a, reporter for San tlateo Times.
ROI.,I, CAI.,L
COUNCIL PRESENT: HARRISON, KNIGHT, LEUBI, O IMAIIONY, PAGLIARO
COT,NCIL ABSENT: NONE
MINUTES
The rninutes of the Regular Meeting of December 2, ]-99:- and the
Study Meeting of December 4, 1991 hrere unanimously approved.
PUBLIC HEARING FOR NEGATIVE DECIJARATION AND CONDOI.{INII]M PERMIT
DENI EDFOR FOI]R I'NITS AT 962 CHULA VISTA AVENUE -
City Planner briefly reviewed her memo of November 20, 1991 which
recornmended council- hold a public hearing and take action; thishearing was continued frorn December 2, L99f to tonightts rneetingafter council received a request from Attorney David Carr.
Attached to the staff report was City Attorneyts response to Mr.Carrrs letter and copj-es of public notj.ce and letter sent topersons who were in attendance at the December neeting and wishedto be notified of tonight's neeting. The applicant, Habitatrepresented by Alex Mortazavi, architect, and the property owner,C.R, Pai, Alex }lortazavj- and Lin Pai, are requesting a negativedeclaration, tentative map and condorninium pernit in order tobuild a four unit residential condoninium at 962 ChuLa Vista inthe R-3 zone. The 9,270 sguare foot structure would include fourtwo bedroom units of about 1,200 square feet each. On-siteparking for eight cars will be provided at grade, seven spacesunder the residential, unj,ts and one l-4 by 20 foot space uncoveredin the rear setback. Private open space of at least 75 squarefeet is provided for each unit in bal-conies about 30 inches deep.
The project includes 507 square feet of conmon space. The conmon
open space is divided into two landscaped areas in the rear yard
separated by the parking space. The Pl-anning Commission approvedthe negative decLaration but denied the condominiurn pernit; the
comrnissioners noted the inpact this project would have on the
neighborhood and adjacent properties, it woul-d not be compatible;proposal to split the common open space renders it unsafe andunusablel the uncovered parking space at the rear coutd make theother parking spaces adjacent unusable, and parking below grade
vrould be more compatibl-e with the area because it would lower theoverall height of the devel-opnent. It was noted the project isIocated in fl-ood zone which affects the location of the parking.
Mayor Pagliaro asked the City Pl-anner to explaj,n the negativedeclaration for the audience and he asked about maxirnum height inthis zone and the height of this project.
Mayor Pagliaro opened the public hearing.
David Carr, 148 EIm, attorney representing the applicants andAlex llortazavi, applicant, $rere present. Carr said he concludedthe commission's objection was not specifically to this project
but to the zoning which allovred such a project; the project neetsall city requirements for a condominiurn; the applicant couldbuild an identical apartment building without corning before the
Planning Commission for any permits; the neighbors would be
better off with a condo than an apartment buil-ding because the
condo owners would have pride of ownership r' this developnentwil-L increase property values in the area; it has been suggestedthat R-3 zoning is irnproper and should be changed, but that can't
be done until after notices and public hearings; the zoning hasexisted for years and changing it would decrease property values;this neighborhood is in transition, he syrnpathized with neiqhbors
and was sure ere lrou1d all like to keep the city sma11 withindividual homes but this cantt happen, this block acts as buffer
zone from lower density residential to the commercial area onCalifornia Drive; there are several three story apartments onnext block and one on this block of Chu1a Vistar' this block is in
a flood zone so parking can't be underground; the project doesnot exceed height limit and there is a single fanily home next
door which is almost as taII as this building would be; there $rasa study that showed most condo ohrners have one car, thereforethere is ample parking on site; Chula Vista is not a narrowstreet and traffic and parking would not be irnpacted; the appli-cant is wilLing to meet all conditions suggested in staff report;this project is permitted by 1aw and by zoning, the applicants
have tried to nake it an interesting and aesthetically pleasingproject; he urged approval.
Councilman I{arrison asked about the study showing only one carfor condo owners; carr had heard about this study but did not
have it available. City Planner confirmed that two bedroorn condounits are required to have two parking spaces, the same as
apartment developments. Councilnan Lerubi asked about the flood
zone - with drainage improvements the city has made he wonderedif this flood area is still in existence; Director of Pub1ic
Works replied the improvernents made in drainage hrere not to this
area and the flood zone still existsi people in the area are
eligible for flood insurance.
Speaking in opposition to the project were: El1is Schoichet, 966
chula Vista; chris Robinson, 1014 chula Vista; Thomas Mclaughlin
and Linda Mclaugh]in, 958 chula Vista; Katherine Fortier, 967
Chula Vista; AIan Horn, 1325 Pal-oma r' Norman Thompson, 923 Laguna;
and David Adams. Schoichet showed photographs of existingnultipl,e fanily buildings in the area which did not inpact the
area as nuch as this project night; he showed one new building at
1022 chula Vista which did not fit into the neighborhood the waysnaller apartnents did; this proposed project would jeopardize
his own property rights; project is too tall and too much bulk;
does not match the architectural scale of the neighborhoodi most
buildings are o1d one and tr^/o story homes; existing apartrnents
have driveways on either side which increases setback appearance;
there was concern about loss of old trees on property; fire standpipe should be i.n a weII planned location; several speakers
received phone calls the night before erhich threatened the owner
would build a five unit apartment if the condo is denied; the
city is losing its small hones to large condos; this is a narrow
street with irnpacted parking; nearby auto shops race cars downstreet; most houses on this bl-ock $/ere built with separategarages, if this project has separate garage it would reduce theheight; windows of project lrifl- be too close to neighbor; balco-
nies proposed are unusable and the parking spaces are too sna1li
building is too big and is an insult to the neighborhood; the
front setback is too sma11, should be same as rest of area; would
lose open view, roof line too tall; wondered where would childrenplay since there was no useable outdoor space. Carr hras not
aware of hrho might have placed the phone caL]s to residents, he
and the applicant had no knolrledge of it.
lilayor Pagliaro closed the public hearing.
councilman Harrison could not vote for the negative decl-aration
because the project e/ould have significant effects on parking andthe aesthetics of the neighborhood. council$/oman otMahony
agreed, based on the Planning Conmission concerns and including
thern here, she could not recommend the negative declaration; she
found dividing the conmon open space by parking wiLl render it
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unusable; the individuaL open space areas are not useable because
they are only 30 inches wide; the parking space within the open
area rnight be a hazard. Councilwoman Knight said condos are very
different from apartnent housesi this project is not in character
with the neighborhood,' it is too big for the lot; the guest
parking would not be useable being behind a gate. Councilrnan
Lenbi had lots of problems with this issue; the property owner
bought R-3 property with thought of building condominium; the
council adopted a set of rules for approving condominium projects
and we haven't changed the rules; he likes to support the proper-
ty owner but this project would have a significant effect on the
area, it would be overwhelming to the neighborhood; this project
would impact the quality and style of the area. Mayor Pagliaro
agreed with other council members, it is not compatible with the
neighborhood. He commented the council- should look at zoning inthe area at a later date.
councilman Harrison moved to deny the Negative Declarati-on, the
Tentative uap and the Condorninium Permit. Seconded by Council-
woman otMahony, carried unanirnousty by ro11 calL vote. city
Attorney said he would prepare a resolution of denial for next
meeting.
Mayor Pagliaro called for a
reconvened r.rith a1I council
at 8:44 p.n. The neetingpresent at 8:55 p.n.recess
members
PUBLIC HEARING - APPEAL FOR EXTENSION OF SPECIAL PERMITS FOR
TWO HOTELS AT 460 AND 480 AIRPORT BOULEVARD
city Planner reviewed her meno of December 9,
mended council hold a public hearing and take
1991 the two applicants for the hotel projects
requesting a one year extension to the specialgranted by council in November 1990. She said
could not be present, but caIled today to statthe conditions listed in staff report.
19 91 which recon-
action. In Novembersubnitted letters
permits
app I icants
ey agreed to
use
theeth
Mayor Pagliaro opened the public hearing. There being no con-
ments, the hearing was closed.
Councilman Harrison was surprised the applicants v/ere not pres-
ent; he noted that tirnes have changed and while he voted to
approve these pennits a year ago, he could not support them no$/.
councilman Lembi said the tirning of the original request was veryuncertain and with the economy and the hotel industry in suchquestionable condition, he seriously doubted this project couldget off the ground. Councilwoman OtMahony agreed. Council,womanKnight said she $rould not have voted for these projects if she
had been on the council, at that time.
It rrras moved, seconded and carried unanirnously to deny the
request for special permit extensions for both applicants.
SECOND READING - ORDINANCE I44A - CLARIFYING AREAS SUBJECT TO
HILLSIDE AREA CONSTRUCTION PERMIT REOU]REMENTS
City Planner reviewed her rnemo of December 9 v/hich recommendedcouncil hoLd a public hearing on the proposed ordinance arnendmentincluding the new map and take action. It came to staffts
attention that several lots adjacent to the hillside area had
been annexed to the city and were not clearly included in thepresent ordinance,' future construction on these lots would be
exenpt fron the requirements of the Hil-l-side Area construction
Pernits. The new wording would autornatically extend the areas
under perrnit requirements to any future property annexed which j-s
adjacent to the mapped area. The new map includes the same areas
adopted in 1989 but is more clearl,y drafted and includes allaffected areas nos, srithin the city lirnits.
Mayor Pagliaro opened the public hearing. There being no com-
nents, the hearing was closed.
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councilman Harrison noved adoption of oRDINANCE 1448.
by Councilr,voman otMahony, carried unanimously by ro11
secondedcall vote
COMI{TSSION APPOINTMENTS AND APPLICANTS
ltayor Pagliaro noted that Councilman Harrison and Councilwornan
Knight had recently interviewed applicants for the civil Service
Commission. councilwoman Knight nominated the incurnbents, Linda
chester and Doug Schvrartz. There being no other nomi,nations,
council, affirmed the norninees.
Mayor Pagliaro said he and Councilman Lembi had interviewed
applicants for the Park and Recreation Commission. councilman
Lembi nominated the incumbents, Beau clark and Don Roberts.
There being no other nominations, the nominees lrere affirmed.
Mayor Pagliaro noted the number of applicants for the Beautifica-
tion, the Planning and the Traffic Conmj,ssj,on openings. council-
man Lembi thought with the recent holidays peopfe might not have
been aware of these comrnission openings; he was sure there would
be more appticants if the papers 1et the public know about this.
Mayor Pagliaro extended the application period for another 30
days and asked press to notify the publicr' he introduced Jufie
Dennis, new reporter for the Boutique and villager newspaper.
WATER RATIONING PENALTY APPEAL - 129 CRESCENT AVENUE
city t{anager reviewed the Fj-nance Dj-rector|s memo of December 12
which recommended councj,I review the appeal and take action.otto uiller, absentee owner of this vacant property, explained byletter that a gardener opened the nain valve to water plants andleft it open, atLowing the irrigation system on a time clock to
water the landscape every day. He hras una!/are of this untif abill was received with a large penalty; since then the system has
been disconnected and he asked the penalty be waived or reduced.
councilman Lenbi thought council should stick with its policy and
not grant this request; he moved to deny the appeal. seconded by
councilman Harrison, carried unanimously.
WATER RATIONING PENALTY APPEAL - 1801 CARMELITA
city Manager reviewed the Finance Directorrs memo of Decenber 30
which recornmended councif review and take action on this appeal.
The issue is whether staff shoul-d abate penalties for underground
leaks beyond one billing period. The appellant Donn Deffebach
was present and explained that they had installed a new sprinkler
system which apparently caused a break in the water maj-n underthe side!,ralk; they hrere una$/are of this until they received their
water bill with a large penalty; they arranged for repairs andnotified the water departnent which reduced the penal-ty; when the
next biIl, was received it also had a large penalty and they notedthe repairs were made at the end of a billing period while theleak continued for about 10 days into the next billing period
before they got their bilL and had it repaired; they requestedthe city change its policy regarding not aflowing reduction ofpenalties when leaks occur over adjacent billing periods.
council noted these people were unavrare of this underground leak
and repaired it within 10 days of receiving notification of theleak; in this case council felt it could be lenient.
councilman Lembi noved to waive the penal-ty. seconded by coun-
cilman Harrison, carried unanimously by voice vote. council$roman
Knight said the city cannot al,ways subsidize homeowners, we needto raise public awareness; staff reviewed notices that were
rnailed with water bills and the Recreation brochure about ho$, to
read water meters and check for leaks.
CONSENT CALENDAR
Councilnan Harrison mentioned three jobs on the consent calendar
which went over budget; he also discussed the use of Measure A
314
funds to p
asked if cexisting sin Parkingat it; she
ay part of the C/CAG billing. Councilwoman O'Mahony
ounciL would consj-der helping businesses to keepigns. Councilwonan Knight asked about the landscapingot H; staff said the Park Department will be lookinglso inquired about population figures used by c/cAG.
Mayor PagIiover five tlarge truck
L
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o
ro also asked about (a) Parking Lons in size because that seemed likstaff said State vehicle code ref
t H liniting truckse an extrernelyers to that size as
e vehicl,e weighs
termined by itsa large truck, the tonnage is based on what th
Ioadedi Police Chief said truck size can be deregistration.
b
a INTRODUCTTON OF ORDINANCE 1449 - PROHIBITING OVERNIGHT PARK-
ING - OF COMMERCIAL VEHTCLES N PARKING LOT H
City Attorneyts memo of Decenber 11 reconnended counci.l
introduce this ordinance to prohibit overnight parking of
l-arge trucks in Lot H.
INTRODUCTION OF ORDINANCE 1450 - REVISING SIGN CODE TO
ADDRESS }IIOVEABLE COPY SIGNS AND BAY ORTENTED SIGNS
city Plannerrs memo of December 11 recommended council
introduce this ordinance to regulate and define moveable
copy siqns, chanqe of face on non-conforning signs, and bayoriented signage for hotel- development.
c INTRODUCTION OF ORDINANCE 1451 - ESTABLISHING NO PARKING
ZONES ON BROADWAY FROM ROLLINS TO CALIFORNIA AT ALL TIMES,
AND ON SOUTH STDE OF BROADWAY FROM CHULA VISTA TO CALIFOR-
NIA FROM 7:OO TO 9:OO A.M.
Public Works nemo of December 10 reconmended council intro-
duce this ordinance j-n response to council direction from
its December 4 study neeting when the Broadsiay, California,
Carolan intersections were discussed.
RESOLUTION L-92 - AUTHORIZING RENEWAIJ OT' CONTRACT FOR WORK-
ERS COUPENSATION CLAIMS AD}IINISTRATION
City Attorneyts memo of December 23 recommended councj-I
approve this agreement with Gates McDonald; an outside audit
has been conducted of their handling of city cl-aims and boththe auditor and he recornmend renewal for a two year period.
e RESOLUTION 2_92 _ ACCEPTING COMPLETION OF CALfFORNIA DRIVE
DTGOUT AND REPAIRS - CP 118
PubLic Works nemo of Decenber 23 reconmended council accept
as completed this project for street repairs performed by
Fisk-Firenze-Mclean in the amount of $78 t'747.04.
d
s
RESOLUTION 3-92 - ESTABLISHING A RECORDS RETENTION SCHEDULE
FOR THE PLANNING DEPART}.,IENT
city Attorneyrs neno of Decenber 16 recommended councif
approve this retention schedule for the Planning Department.
RESOLUTION 4-92 - AUTHORIZING AGREEMENT FOR USE OF
NEIGHBORI S PROPERTY DURING FIRE STATION REMODELING
City Attorneyrs neno of December L7 recommended councif
approve this agreement with Robert FrudenbergT, the property
owner adjacent to the Fire station, for use of a portion ofthe property during rernodelj-ng of the statj-on; the city will
pay $500 per month for 10 to 12 months.
h. RESOLU:TION 5-92 - AI.{ENDING CONTRACT WITH HLA FOR AIRPORT
BOULEVARD REHABILITATION. PHASE 1 B - cP 328
Public works nemo of December
an amendment in the amount of 30 reconmended council approve
$34,500 with Harding Lawson
f
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Associ-ates to increase the construction service to fulf tirneinspection for the soils engineer vrork.
i. RESOLUTION 6-92 - ACCEPTING COUPLETION OF },TILLS CREEK STORM
DRAIN ovEli{ENTS - CP 415 A
Public Works memo of December 13 reconmended councilthis project conpleted by wayne L. Grist Incorporated
amount of $103 ,32O.53.
acceptin the
j. pENTAL oF cr,ArM oF ELATNE wrLL
City Attorneyrs memo of December 26 recommended councilthis claim for injuries fron a sidewalk faIl.deny
K. APPROVAL OF TENTATIVE LABOR AGREEMENT WITH POLICE OFFICERS
AS SOCTATT N
City Uanagerts memo of December 9 recommended council ap-prove this labor agreeruent with the pOA for salary adjust-ments of 4 percent each year for a two year period.
I. ENCROACHMENT PERMIT FOR TENCE AT 17OO HIJNT DRIVE
Public works memo of December 30 recommended council approvethis perrnit subject to usual conditions for a three footfence to replace an existing hedge.
m. APPROVAL OF PREPAYMENT OF STATE ENERGY LoAN
Finance Directorrs memo of December 30 recommended counciltransfer 973,7a4.05 fron unappropriated funds to StreetLighting and El-ectric budget to prepay this 1oan.
n. APPROVAL OF C/CAG 1991-92 BILLING PAYMENT
City Managerrs memo of December 31 recommended councilauthorize pa)rment of $34,767 for the C/CAG Congestion Man-agement and Administrative expenses in accordance wj"th ourjoint powers agreement; current budget includes g2O,OOO so
$14,167 fron contingency Reserve will" be required.
o. WARRANTS AND PAYROLL
Finance Director recommended approval of Warrants LA2O2-L8735, duly audited, in the amount of 91,429,L4O.16 andPayroll Checks 30407-31L40 (including Check 42739 datedLl/L/91-) for the month of November 1991.
councilr.ronan otuahony noved approval of the consent calendar.
Seconded by Councilwonan Knight, carried unanirnously.
COI'NCIL COMMTTTEE REPORTS
Energency Services: Council$roman O'Mahony attended a recentmeeting; they are working on coordinating city and county firefighting and area wide escape plans, and heara a report on theOakland-Berkeley fire.
OLD BUSINESS
Post Office: Counciltflan Lernbi had heard the post Office srouLd beleasing the southern portion of the Hiran Wafker site, he wasconcerned about the traffic and parking in the area. cityAttorney noted the U.S. covernment is subject to city zoningrequirements if it is renting a site. cily elanner laid the postOffice originally was consj-dering a ternporiry use, but now theuse may want to becone long term; the property owners are stil1lrorkinq on landscaping and other irnprovenents.
Building Department: Mayor pagliaro asked about the consultantrsprogress on review of this department, he thought the consul,tant
316
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should be looking at aII departments that deal with buildingp1ans. city uanager said it wouLd be discussed at the Saturday
study rneeting; staff has established new review procedures such
as tenant irnprovement permits which can be issued imrnediately if
requirenents are met.
NEW BU s rNEss
SB 797: Councilwoman OrMahony asked if council would be taking a
position on this regional governrnent billi Mayor said he would
try to attend hearing. Council nembers discussed the letter frorn
Senator llorgan. Mayor Pagliaro asked Council l.lenbers Harrison
and orl,lahony to draft a response to senator Morgants letter.
Post office Handicap zone: Mayor Pagliaro noted a letter regard-
ing the lack of handicapped ramps or parking at the rnain Post
office. Mayor commented while city can do nothing about the
handicap ramp on Federal property, the city couLd install a
handicap parking space,' he asked the Traffic Commission review
this request. councilnan Lenbi asked the commission also look at
the need for the larqe nunber of very long red zones on Roll-ins
Road; parking is prernium in that area, there are many red zones.
ACKNOWLEDGE}.,IENTS
Commission Minutes: Beautification, December 5i Library
Board, November 19 and December L7; Park and Recreation,
December 19i Traffic, Safety and Parking, December 12; and
Planning, December 9, L99]-.
Notice of Hillside construction Pernit Application at 3104
Margarita.
Departnent Reports: Police, November 1991; Treasurerrs
Report, Novenber 30, 1991.
Letter from EIi Needle regarding establishing a card playing
room in the city.
FROM THE FLOOR
E1i Needle, 3133 Frontera, proposed a garne room on Bayshore
Highway,' he commented he felt the site he had in nind had plenty
of parking; he lives in Burlingame and hoped council- would
approve the concept. city Attorney said council should nake apolicy decision on this natter; he has received several phone
calts regarding sane; it would take an el-ection to allow this use
in the city, then council woufd have to amend zoning and parking
requirements for such estabLishments. Police Chief said these
businesses employ large security forces. Needle said he envi-
sioned seniors enjoying this business, there would be food and
drink availabl-e, bridge tournaments could be hel-d there. coun-
cilwornan OrMahony suggested city research the potential of
revenue from such a business. Councilwoman Knight said she rnay
be otd-fashioned but did not think this was a Burlingarne type
business; council menbers concurred. uayor PagLiaro said while
he personally enjoys card playing he also did not feel ganbling
appropriate for the city; it could create policing problen and
bring in certain elernents. Mayor Pagliaro informed Needle that
council could not approve of this type business.
ADJOURN},IENT
The meeting rras regularly adjourned at 9:50 p.m.
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Judith A.city clerk Malfatt
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