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HomeMy WebLinkAboutMin - CC - 1992.10.05452 BURLINGAI,IE, CAIJIFORNIA october 5. L992 CALL ORDER l9lfy noticed regular meeting of the Burlingarne City Council washeld on the above date in the city Ha11 coun;i1 chamlers. Themeeting was called to order at tzlZ p.m. by Mayor Frahk fagtiaro. PLEDG E OF ALLEGI ANCE TO TH FLAG Pledge was 1ed by Bernard Transano. ROLL CALL COIJNCIL PRESENT: HARRISoN, KNIGHT, o II.{AHoNY, PAGLIARo COITNCIL ABSENT: LEMBI ( illness) MINUTES The mj,nutes of the Regular Meeting of September 21, L992 and theStudy.Meeting of Septenber 23, LggZ were approved on rnotion ofCouncilwoman OrMahony, seconded by Counciltnan Harrison, after Councj-l-$/oman Knight Lorrected the spelling of speaker names atthe Study Meeting. PUBLTC EARTNG - DENIAL OF APPEAL FOR NEGATIVE DECLARA TTON AND NDOM IT UNIT IAL COEL CAM NO REAL D NTAL OF TENT TIVE CONDOMI NIUIII },IAPS FO AT 53 SAME City Planner reviewed her memo of September 28 lrhich reconmend.ed.council hold a public hearing and take action. Habitat (archi-tect) and CPS Investnent (property owners) are requesting anegative declaration, condominium permit and tentttive mip inorder to buifd a four story, 38 unit residential, condominlum at530 EI Canino Rea1. The project is proposed for a 42,900 squarefoot lot which has street frontage on EI canino and 1,2 feetfrontage on Alrner; the design inc]udes 38 units averaging 1,950square f eet each r. the units are one , t\^/o and three bedrooms; the77 parking spaces required are provided in below grade garage (66spaces) and at-grade parking (11 spaces) on the Alner side of thebuilding; security gates with intercoms are provided at each sideof the project. Landscaping requirements are met with 90 percentlandscaping in the front setback and 7,242 sqvare feet of iomrnonopen space at the rear, 67 percent of which is landscaped, Thedriveway at the EI Camino side was placed to protect the estab-Iished Eucalyptus trees; at the rear a large oak is retained butthree acacias on the property line are to be removed at therequest of the adjacent property owners. one of these threetrees has reached protected size and a permit wil-I be needed fronthe Park Director. The Planning Commission approved the negativedeclaration but denied the condoninium permit and recommendeddenial of the tentative map, finding the project r4ras too dense,built to the maxirnum and they were concerned about four storiesbeing built within the 35 foot height linit. City Planner responded to councif guestionsl the 1ot slopes downfrom E1 Camino and height of a project is measured from curb onthe El- Camino side; two tenants of adjacent properties had not been aware of this project; staff said notices are sent toproperty owner, if the residents are tenants they rnight not beaware of project; suggested in future the subject property couldbe posted with notice so neighbors are aware, or an addition tothe notice could direct the owner to notify residents so everyoneis aware of a project. Mayor Pagliaro opened the public hearing. AIex Mortazavi of Habitat said he has been working on thisproject for a year; worked closety $/ith staff to rneet a1-1 cityrequirements and address Planning Comrnission concerns; this site 453 is one of the largest sites teft in Burlingame; the project neets all city requj-rernents including height Iinit; he distributed papers Lo council showing slab construction; showed graphics of Lornparison of height of buildings on El- Carnino in this vicinity; showed how height of this project is rneasured fron EI camino and is 40 feet plus above existing grade at the rear; project is zs feet fron neighbor so will not cast a shadow; it would be a nice addition to Burlingarne and wilt appear to be three stories in height from EI Camino side. council was concerned about discus- sion at Planning Commission neeting about seven foot ceiling heights; Mortazavi said the ceilings would be eight feet, seven feet is illegal; Mayor asked about the drawings Mortazavi pre- sented, appear to show Llz inc.h gyp board, reviewed one hour fire resistance requirements and sprinklering of project; Mortazavi said everything would have to rneet code and be approved by Fire Marshal,i reviewed waterproofing of underground garage wal1s and sump punp, there woufd be an energency generatorl discussed height on A1mer side; and pool and spa at center of building. Alan Horn, 1325 Patoma, rrras concerned about $/ater seepage into the underground garage and faj.lure of the sunp pump; about fire danger with half inch gypsurn board; about tree protectj,on; abouttraffic; E1 canino nakes a rigrht turn at this site and driveway wilL cause accidents; project is too big and bul-ky. Robert Jones, resident of Hillsborough across EI Camino from thissj.te, was worried about effect of increased traffic and nolse; 1tis too nuch project for this site. Bob Harris, 525 A1mer, said he heard there $/ere 7 foot 9 inchceilings in project; the driveway on Almer was supposed to be onl-y for egress frorn site but plans show two way driveway andthere is an intercorn at gate on Almer; concerned about traffic onA1mer. Staff noted some residents of this proposed project rnightprefer to enter from Almer side where there is less traffic. Mayor Pagliaro closed the public hearing. Council discussion ensuedi Mayor raised sorne concerns about firesafety with the proposed construction; tv/elve foot wide driveway on Almer \4ras too narrow for two way traffic; project is too dense; dangerous curve on E1 Camino at this sitel entering andexiting onto Almer wiJ,I irnpact traffie; this is a very valuablepiece of property and owners have gone to considerable tirne and expense for project but afraid it is too big; with zonj-ng of thisarea, neighbors must real-ize sone l-arge apartment or condo willbe built at site eventuall"y, but this one is too large. CityAttorney said because Councilvronan OrMahony lives in such closeproxinity to this project, she shoutd abstain from this item. Councilman Harrison moved to uphold the Planning Commissiontsaction approving the Negative Declaration, denying the condomini- um permit and denying the tentative nap with findings. Secondedby Councilwoman Knight, carried 3-0 on ro11 call vote, Council- v/oman orMahony abstaining and Councilman Lembi absent. REHEART NG OF APPEAL FOR CONDTTIO NAL USE PERMIT FOR LMfNG AND REFRTGER-AT D HOLD FACILITY AT 12 80 ROLLINS ROAD RES OLUTION 88-92 APPROVTNG WITH CONDITIONS City Attorney reviewed his staff report of September 24 lrhich recomrnended councj-l hold a public hearing and take action. On May 18 | L992, council reviewed this project which was approved bythe.Planning Commissi-on and reversed that decision denying theproject. A writ of mandate Lras sought by the applicanl, wiftianScott, and an injunction was sought by the city because the citysuspected scott r.ras conducting business without a permit on thesite; on september 11 a hearing was held in superior court andthe judge denied the injunction and directed council to hold arehearing because there $/as improper reliance on the failure topay a business license in 1979 and upon events which occurred intle City of San Mateo and Scott did not receive a fair hearing.City Planner then reviewed her memo of May '1 , Lg92; Willian Scott(applicant) and We1ls Fargo Bank (property ov/ner) are requestinga conditionaf use perrnit in order to use a I,ZZS square foot warehouse for an enbalming and refrigerated hording facirity forhurnan rernains prior to delivery to the airport or ior cremalionat a licensed crernatory. The ipplicant pllns to use the h/are-house on the first floor for refrigerated storage and an embalm-ing room and the second floor for otfice and st6ragei there aresil- required parking spaces on site and Landscapin{ iequirementswiLl be net. Because of Lirnitations placed on Lfrii 1o€ when thesubdivision was created, it fronts on Rollins but has no directaccess to Rollins; access is via a 20 foot easement across therear. of the property at 1304 Marsten to Ner1i Lane (a privateroad); access and parking are through this easernent and theapplicant must ensure that he has continual use of this easement.This type of use also requires a sevrer discharge permit becauseof the chernicals used and wi1l also require reguflr fire inspec-tions and inspections by the county hetlth depirtment. Stafisuggested an added requj,rement for OSHA inspections every sixmonths and that no vehicles associated with the business visit orbe parked overnight (except the business presidentrs car) at ZO2OEaston r^/here the applicant has a home occupatj-on 1icense. Staffresponded to council questions; the applicant cannot apply for adischarge permit untif he get this conaitionat use perrnitl.discussed chemicals used, only above certain concentrations arethey prohibited; city sampling of discharges take place periodi-cal1yr' they would not dispose of body parts, bodily f l-uids are same as discharged by the hospital and mortuary in the city. Mayor Pagliaro opened the public hearing. La\^/rence Jacobson, attorney representing applicant, described thebusiness procedures of receiving, storing and shipping dead hurnanbodies, and embalming procedure; bodity fluids are sane ashospital and mortuary in city also discharge into see/ers; chemi-cals are used to replace bodily fluids, very 1ittle $/ould bedischarged into sewer; applicant will improve exterj-or appearanceof site, he showed photo and artist's rendition; the planning Commission approved this projecti applicant woul-d not use theadjacent vacant 1ot; he reviewed al,I the conditions, nost of I^rhich they agreed to, but to require OSHA to make six monthinspections is not reasonable and OSHA probably would not comply;and the condition that no vehicles from the business visit 2O2OEaston is not reasonable, a home occupation license al}ows the res ident/bus iness licensee to have one other employee on sj-te;they would not park other vehicles overnight at Easton; businesswould be an improvement over the auto repair businesses in thearea, would have very little impact; he requested approval. Council asked about signage for the business; complaints aboutvehicles at Easton site; State license is required for this typebusiness; hoped home occupation would be phased out as there isoffice space at the Rollins site. Hugh Connolly, attorney, spoke in favor of the application; theprevious denial was not proper. AIan Horn, 1325 Paloma, spoke in opposition; he asked aboutdischarge of bodily f l-uids in sewersl concerned about chernicals, what volune and concentrations and how are they disposed of, concerned about diseases. Jacobson responded to questions. Joe Karp, 1209 Burlingane Avenue, felt the home occupation business problems were not being addressed; parking is a problemr. should require office be rnoved to RolIins site. Jacobson re- sponded, noted Karprs son also has three vehicles. city Attorneysaid it r,ras not unusual to have a horne occupation and anotherbusiness site in the city, there are other sirnilar businesses. Mayor Pagliaro closed the public hearing. Council,man Harrison said he had call"ed this project up for reviewin May; at that tirne he had looked at it as a licensing problembut this is a zonlng issue. He moved to uphold the Planning Comrnissj-onrs approval by adoption of RESOLUTION 88-92 withconditions as amended in the staff report in addition to al1owonly the presidentts car overnight at Easton and that OSHA make 454 ADIN 4s5 onl-y an ini-tial inspection with proper follo$, up by the appli- canl, not an inspection every six months. Seconded by coun- cilwornan otMahony, carried 4-o on ro11 cal-1 vote. council noted somebody has to provide this service; it is part of life and part of death. ING CE DIN ORD rT CE OF CERTAIN OUTD OOR LIGHTING Councilwoman o'Mahony moved adoption of oRDINANCE by councilwonan Knight, carrj.ed unanirnously 4-0 by T City Attorney reviewed his memo of September 14 v'rhich recommended council hotd a public hearing and adopt this ordinance. At the september s rneeting council directed outdoor lighting restric- tions be considered at a study neeting and directed staff to prepare an ordinance to extend the present restrictions until January L, L993. Mayor Pagliaro opened the public hearing. Karen Key inquired about christnas lights. city Attorney indi- cated that since these do not usually require a building permit there should not be any problem. uayor Pagliaro closed the public hearing. L472. voice Seconded vote . ING - SECON ANCE t-4 7 3 LATERAL TEST REOUI NTS AND PROCEDURES Director of Public works revj,ewed the proposed procedures and the city Attorneyrs memo of september 20 which recommended council- adopt these rnodifications to our sewer lateral testing procedure. The city adopted the originaL sewer lateral testing requirements in 1-986 and staff has found that the law needs updating. The purpose of this law is to reduce storm r^/ater infiltration of our sewer treatment plant. Mayor Pagliaro opened the pubfic hearing. There being no com- nents, the hearing was closed. Councj-lwoman OtMahony rnoved adoption of ORDINANCE l-473. Seconded by Councilwonan Knight, earried unanimously 4-o on voice vote. PUBLIC COI,IMENTS Mayor Pagliaro rnentioned a letter from Barbara Rogers requesting continuance of the matter about deannexation frorn Burlingame and annexation to Hillsborough; council agreed to continuing the iten to the next meeting. Mike Nilrneyer, 1-28 Pepper, said he woutd like to be considered for the FAR conrnittee but he saw no notices in newspapers about this comnittee and missed the deadline for applying. COMMITTEE TO STUDY REGULATTON OF RESTDENTTAL MASS Mayor Pagliaro revj.ewed the city I,lanagerrs memo of September 29 r^rhich reconmended council direct staff, attached were applica- tions to the comrnittee and a report from the city PLanner regard-ing the city of San Mateors process on the same issue. At the septenber 23 study meeting, council had discussed forming a committee to study residential- mass and set a deadl-ine of one week, to october 1, for citi-zens to apply for this connittee;during the recess of that rneeting a council member of san Mateotold some council rnembers about the process used by that city where the AIA helped; when council resurned the rneeting they discussed using AIA in a similar way. Mayor said council- must decide if it wants a comrnittee of professionafs, citizens or a cornbination of both; perhaps council could have a presentation from AIA concerni-ng Floor Area Ration (FAR); Mayor envisioned AfA showing elevations of various FAR situations; giving direction tothe committee membersl shoul-d continue the appointments until a 456 fulI council is present; might be useful to have a charette;donrt s/ant to see Planning Cornmissioners on the comrnj-ttee,instead they should help councir consider recomnendati-ons of theproposed conmittee; donrt want to delay this issue, we need to dosomething; must consider impact any reLommendation would have onstaff tine and.permit process; felt need for technical hel"p L/hichAIA.coul,d provide. City Manaqer will write to AIA to requastassistance regarding iterns on 1ist from staff report. LRE RHIN ING City Manager reviewed his merno of Septerober 28 which recommendedcouncil direct staff. The appraisal report estimated a value of $415,000 or approxinatel,y 947.50 per square foot. council haddirected that the city sell this lot piior to development of 1133Chula Vista as a parking 1ot. The adjacent property owned by theBiscay estate is also for salel there is a possiUifity a buyermight want both sites. Council was concerned about the Bisiaysite having contarnination frorn gas and oil because of the autorepair business on the site for many years; staff said theproperties would not be 1ega11y tied together, sirnply sold at the same time; woul-d like councilman Lembi's input on this subject.Council determj.ned to postpone action until- the next rneeting whenthere is a ful1 council. APPROVAL O CITY COUNCTL CALEND FOR 1993 Council considered the 1993 calendar for council meetings dates;changed the Joint Counci 1/ planning cornmission neeting to april17, 1993. Councilnan Harrison noved to approve the calendar as amended. Seconded by Councilwoman OtMahony, carried unanirnously. CONSENT CALENDAR Regarding trerr several council nembers had questions about hiringa back-up plan checker for the building inspection division andpossible delays frorn sending pfans out for checking. publ-ic Works Director responded plans would stay in-house, only excep-tion would be a major project li.ke a hotel. a INTRODUCTTON O F ORDINANCE 1474 ALLOWING R SIDENTIAL CARE FACILITIES FOR THE ELDERLY AS A CONDITIONAL USE AND ESTAB- LTSHTNG REAR SETB CK IN ?HE C-3 ZONE City Plannerrs nemo of Septenber 29 recomnended councilintroduce this ordinance and set for public hearing at thenext rneeting. At the septenber 23 study neeting councildirected staff to prepare an ordinance to a1low seniorcitizen housing in the c-3 zone. In 1978 the council adopt-ed an ordinance prohibiting residential uses in the C-3 zonefor some unknown reason. No anendment to the General Planis required because this change J.s going back to a useallowed in 1969 when the ceneral Plan was adopted. b City Managerts nemo of September 30 recomnended council approve this agreement for promotional servj-ces in the arnount of L2.5 percent of our ]-992-93 hotel, tax not exceed $329,28o. This is a 2 percent reduction from the previous year which v/as approved by council at the June 3 budgetstudy session. c ENCROACHM ENT PERMTT FOR FENCE AT 3O9 BA SWATER AVENUE Public Works nemo of September 25 recommended council ap-prove this perrnit subject to standard conditions for a threefoot high wood fence one foot from the sidewatk. City Managerrs memo of accept this negotiated 19 recommended $/i.th the BPSEA September agreement councilfora4 5 RESOLUTTON 89-92 - APPROVING CONTRACT WTTH SAN MATEO COUNTY CONVENTION & VTSTTORS BUREAU d. TENTATIVE LABOR AGREEMENT - PUBLIC SERVTCE EMPLOYEES ASSN 457 RESOLUTION 90-92 - APPROVING CONTRACT FOR PLAN CHECK SERVIC- ES, BUILDING DIVISION Chief Buitding Inspectorts memo of september 29 recommended council approve a contract with Linhart, Petersen, Powers Associates to provide backup plan check services at the Building Departnent. For more than two years the division has used professional consultants to plan check applications for code and ordinance compJ-iance; the plan checker the division has been using provided by wildan Associates has separated fron wildan and formed his own business and staff $/ou1d tike to continue with this person; he will stiI1 be plan checking at city haII and be available over the counter for the public. f. ENCROACHMENT PERMIT FOR FEN CE A.T 108 LOMA VISTA AVENUE Public !{orks meno of September 29 recommended council ap- prove this encroachment permit for a wood fence betweenproperties at 108 and 110 Loma Vista at the back of sidewal,k with standard conditions and additional condition thatvertical- clearance of two inches fron the rneter box cover inthe driveway of 108 Loma vista. g DENTAL OF CLAIM OF JACKIE MAROUEZ City Attorneyts memo of Septenber 21 reconmended council deny this claim from a young wornan bitten by a police dog in order to start the six month statute of linitation forfiling suit, h. TENTATTVE LABOR AGREEMENT - DISPATCHERS city Managerts memo of September 28 recommended council approve this negotiated labor agreement with the Cornrnunica-tion Dispatchers (Teamster Loca1 856) for a 4 percent salary adjustment beginning June 29, 1-992 and June 28, 1993. 1 ENCROACHMENT PERMI T FOR ROCK RETAINING WALL AT ]-8]-6 BARRI- ) OLHET AVENUE Public Works memo of September 30 reconmended council ap-prove this permit subject to standard conditions and addi-tional- conditions (l-) that the city sha11 not be liable for damages to the landscape area and retaining lrall due towater maj,n failure and (2) and if the water main needs to bereplaced, repaired or upgraded in the future, the retainingwall may be required to be removed at the ownerrs expense. RESOLUTTON 91-9 2 AWARDING NTRACT FOR BURLINGAME AVENUE AVER BLOCKS Public Works memo of October l- reconmended council acceptthe lor^, bid of AI4BO Engineering in the amount of 921,623 to removed portions of sidewalk and install paver blocks or exposed aggregate concrete in selected portions of Burlin- game Avenue. Councilman Harrison moved approval of the Consent CaLendar. Seconded by Councilr^/onan Knight, carried unanimously. Snoking: I,layor Pagliaro mentioned that at the last rneetlng heasked for a report at a future study meeting on our smokingordj-nance in order to consider possibly tightening up our iegula-tions; a couple days later counci1 reeeived a letter from somenew council members of a city in the south who had unseated anol-d council which instituted a snoking ban which was repealed bythese ne!, council members; he totd the press he suspected thetobacco lobby really had its ear to the ground. percent salary raise effective July 1, L992 and 3.5 percent July 1, 1993. This agreement is in accordance with council AEENDET'AEiOO?99529XPPROVTNG CONTRACT FOR PLAN CHECK SERVIC- 458 a b COUNCIL COMMITTEE REPORTS Ground-breaking ceremony for child care: councilwoman Knightreported she, Councilwoman OtMahony and Councilman Harrison hadattended the ceremony for the new airport child care center onCalifornia Drive; it will be a very impressive facility. C/CAG: Mayor Pagliaro said Councilwoman Knight had been electedto the criminar Justice council- at the last meeting; at the nextmeeting they will consider possible rules about confrict ofinterests for LAFCo; Mayor asked staff put this on next agendafor consideration. Cable TV: Councilwoman OtMahony thanked staff for help in faxing messages to Senators concerning the successful override of thePresidential veto of cable TV regulation. OLD BUSTNESS Measures B and c: Mayor Pagllaro said the Board of supervisorswiIl be considering removal of these measures regarding BART andCaltrain from the ballot. NEW BUSTNESS Appeal Hearing: Mayor Pagliaro set an appeal hearing for a takeout food facility and parking variance at t-408 chapin for theOctober L9, L992 meeting. ACKNOWLEDGEMENTS Commission Minutes: Park and Recreation, September L7;Senior, September 1-7; Library Board, September 15; planning, September 29, 1992. Letter from Joan Lawler regarding a large house built at 1338 Castillo. Mayor asked staff to write her about the proposed FAR study. Letter from two council members of the City of Bellflowerregarding its former smoking ban. Notice of Hillside Construction Permit for t62O Granada. e. Letter from Shirin Coleman regarding the Baha'j- report onrace unity. Mayor asked staff arrange for her to make this presentation atthe next meeting. f. Letter from CarI Lollin, former police chief, regarding needfor desalination p1ant. Mayor asked staff respond to him regarding our new waste watertreatment pIant. CLOSED SESSION Mayor Pagliaro adjourned the meeting to a Ctosed Session on labornegotiations, and personnel at L0:1l- p.m. ADJOURNMENT The meeting was regularly adjourned at 10:45 p.m. Judith A. Malfattcity Clerk c d