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HomeMy WebLinkAboutMin - CC - 1990.05.21L7 BURLINGAME, CALIFORNIA May 21, 1990 COUNCILMEMBERS PRESENT : COUNCILMEMBERS ABSENT : MfNUTES BARTON, HARRISON, LEMBI , OIMAHONY PAGL]ARO Minutes of the Regular Meeting of May 7 and the Joint City Council/ Planning Commission Study Meeting of May L2, L990 were approved unanimously on motion of Councilman Harrison, second by Councilwoman Barton. city Attorney announced that the public hearing on the taxi ordinance would be at the next meeting, June 4. Joyce chong, l-014 Chula vista, showed council photoqraphs of thesite and other sites with additions built toward rear and towardfront of lots. She felt her proposal to build at the rear of theIot $ras best. She said she has nine foot ceilings in her home andif she added a second floor over the first, she would have to lowerthe ceilingr one foot. Councilman Harrison asked if she would have to remove the threetrees in the back yard for the proposed addition, she responded yes. He also asked what she felt were exceptionaL circumstances towarrant the variance. She thought the smaII size and narrowness ofthe Iot, and the fact that she needed an attached garage forsecurity purposes. Mayor Lembi closed the public hearing. councilwoman orMahony said she had visited the site; in response to Chong's letter she disagreed that the city designed this smal-l- Iot,the lot was subdivided by a property owner many years agoi she wasglad to see property owners trying to improve their properties, butthought it could be done within the city rulesi she was concernedthat Chongts letter said the waI1s and foundation would not sustaina second floor and suggested that chong strengthen these. CALL TO ORDER A duly noticed regular meeting of the Burlingame city Council was held on the above date in the city HaII council Chambers and was called to order at 7:30 p.m. by Mayor Don Lembi. PLEDGE OF ALLEGIANCE TO THE FLAG Led by City Clerk Judy Malfatti. ROLL CALL APPEAL FOR VARIANCE TO LOT COVERAGE FOR AN ADDITION AT 1014 CHULA VISEA AVENUE - RESOLUTION 53-90 - DENYING SAME City Planner reviewed her memo of May 11 which recommended council hold a public hearing and take action. Joyce chong is requesting a variance for lot coverage to make a two story addition at the rearof her house in order to add a bedroom, master bedroom and bath,children's room, family room and attached one car garage. The present detached garage and storage shed would be removed. The new addition would represent an 89 percent increase in the size of thestructure. The Iot coverage allowed for single family homes is 40percent and this proposal would increase lot coverage to 48 percent. The lot is zoned R-3, but because it is developed with a singlefamily home, it must meet the rufes of a single family home zoningor R-1". She ackno!,rledge<i a letter dated May 15 from Chong further explaining the appeal. Mayor Lembi opened the public hearing. 18 Councilwoman Barton agreed; council always receives letters fromresidents saying to keep additions within code and not allor", more1ot coverage. She moved to uphold the Planning Commission deniaL by adoption of RESoLUTIoN 53-90. Seconded by Councilman Haffison. Mayor Lembi noted he goes out of his way to aIIoh, people to improvetheir property and this is a unique 1ot; he suggested council might deny without prejudice. After some discussion, council declinedthis suggestion. The motion was carried 4-0 on roll call vote, councj-lman Pagliaro being absent. APPEAL FOR SPECIAL PERM]T FOR REAL ESTATE OFFICE USE AT L4T2-L4T6 CHAPIN AVENUE,BURLINGAME AVENUE COMMERCIAL AREA, SUB AREA B-1 city Planner reviewed her memo of May 14 which recommended council hold a public hearing and take action. Fox and Carskadon, aresidential real estate business, is requesting a use permit to locate a real estate office in the first floor area of a new commercial structure to be built at L4L2-1416 chapin. The secondfloor of the structure will be Ieased for a general office use or use still to be determined. A use permit is required for real estate offices in this portion of sub Area B because of the concentration of real estate offices and street parking problems inthis area. The proposed structure would provide 31 parking spaces on-site which meets the requirement for office uses. The business would empLoy 36 agents and three clerical people. Thirty-three of the agents are employed part-time. This first floor business is entitled to 15 of the parking spaces, the second floor office area is entitled to the other 16 spaces. The most agents on site at one time will be at the Monday morning meeting when a maximum of 22attend. The real estate busi.ness would operate seven days a week. A negative declaration was prepared for this project to build a commercial structure on two lots previously occupied by multipleresidential and residential/ commercial uses and also to address the effects of a real estate office use at this location. Mayor Lembi opened the public hearing. Mac McManus, Fox and Carskadon, asked for guidance from council. Councilwoman Barton explained that she had called this issue up for council review because of her concerns about the heavy parking impact of real estate offices; she feels that there is adequate parking provided in the new building and, since there is no parking provided at the present Fox and carskadon site, it would be a plus for the city to allow the firm to move to the new site. But if Fox and Carskadon allowed another real estate firm to lease the present site the parking would be further impacted. she noted that she knew the letter dated May 14 from Emnet cashin, President of Fox and carskadon, stating that they would not sublease to another real estate company was not legally binding, and she had heard that Fox and carskadon may be sold and wondered where the city would stand if it were sold. McManus said that Emmet Cashin is considering repurchasing the company from Better Homes and Gardensi that they would gladly sign an agreement which would be acceptable to the City Attorneyi that they wiII never sublease their present site to another real estate, a restaurant or a financial institution; that they would sublease for one year periods only and that the property would be availabte for the city to reclaim for library use at the end of any year's Iease agreement. Councilwoman Barton said she felt reassured, she felt Fox and carskadon would keep their word. Doug Mcceorge, Grubb and ELlis Real Estate, was not opposed to this use but was perplexed that council did not all-ow his comPany to move to a site at 1440 Chapin last yeari 1440 has lower density and much more parking available; he would like council to explain why the previous application was denied. city Attorney said council did not have to explain any action regarding that decision, it is in litigation; he noted council should give reasons for any approval of the application before it now. Dolly Toms of Grubb and Ellis was opposed to council approving something that they denied last year. 19 Mayor Lembi stated that he had supported the crubb & Ellis proposal last year. Councilman Harrison also noted that he had supported it when he was on the Planning Commission. Mayor Lembi closed the public hearing. Councilwoman o'Mahony moved to uphold the Planning Commission and approve the negative declaration, finding that based on the initial study and the cornments received there is no substantial evidencethat the project would have a significant effect on the environment i and moved approval of the special use permit with conditions imposed by the Planning Cornmission, finding that the proposed use at the proposed location wiII not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to thepublic health, safety, general welfare, or convenience; she also found it would be an enhancement to the area and that it provided for adequate parking. Seconded by Councilman Harrison who noted theproject would be located and conducted in a manner in accord with the General PIan. The motion carried unanimously 4-0 on roII call vote of councj-1 members present. city Attorney said he would prepare formal resolutions for this action to be adopted at the next meeting. RESOLUTION 54.90 APPROVING NEGATIVE DECLARATION - RESOLUTION 55-90 APPROVING GENERAL PLAI{ AI\,IENDMENT - SECOND READING AND ADOPTION OF ORDINANCE 14],0 REZONING CERTAIN PARCELS W]THIN BROADWAY AVENUE, ROLLINS ROAD, TOYON DRIVE AND qAROLAN AVENUES City Planner reviewed her memo of May 11 \,rhich recommended council hold a public hearing and take action to approve ( 1) the negative declaration, (2) the general plan amendment and (3) the zoning changes. Following an application to rezone L011 cadillac way, council directed staff and the Planning eomnission to review the land use and zoning for the entire area bounded by Broadway-Rollins- Toyon-carolan (which encompasses cadillac way). The Planning Commission recommended the negative declaration and t\"ro changes to the general plan designation: that the land use designation of the area zoned R-4 where Northpark Apartments are located be changed from service and special sales to high density residential, and thatthe land use designation of the properties fronting on Toyon zoned R-1 be changed from service and special sales to 1o$, density residential . The Commission also recommended that the properties inthe area presently used for auto sales and service be rezoned from M-1 to c-2 to ensure that in the future industrial uses incompatiblewith residential uses not develop here. For the five properties atthe corner of Cadillac way and RoIIins Road (zoned R-4 and M-1) the Conunission recommended the zoning be changed to c-1. The C(commercial) zoning would conform to existing uses and be more compatible with residential uses than the M (industrial) zoning. Councilman Harrison vrondered what would happen to the auto sales and service uses which now have special permits with conditions forparking, because the change in zoning would not require these businesses to have special permits. Staff commented that while the use would now be permitted, the on-site requirements of the zone including on-site parking for employees and customers would still have to be met or a variance granted. Mayor Lembi opened the public hearing. The grandson of the property owner of a Mike Harvey site at 1015- 1017-1025 Rollins spoke on behalf of his grandmother in favor of the proposed changes . Mayor Lembi closed the public hearing. Councilwoman Barton was pleased with the recolunendations and movedfor adoption of RESoLUTIoN 54-90 Approving Negative Declaration ND-435 P, finding that based on the initial study and the corNnents received there is no substantial evidence that the proposed zoning change and general plan amendment would have a significant effect onthe environment; moved for adoption of RESOLUTION 55-90 Approving 20 ceneral Plan Amendments; and for adoption of ORDINANCE 14L0 RezoningCertain Properties Bounded by Broadway-Rollins-Toyon-Carolan. Seconded by Councilman Harrison, carried unanimously on ro11 caII vote of members present. RESOTUTION 55-90 - ORDERING THE DESTRUCTION OF NOXIOUS AND DANGEROUS WEEDS AIiID RUBBISE - CP 013 Council asked if the property owners were al-so notified by letter,staff replied yes . Mayor Lembi opened the public hearing. A student from BIs approved of the city action; he lived at 1473 Alvarado and a home nearby j-s an eyesore and lowers property values. Councilwoman Barton suggested he give an address to staff. Mayor Lembi closed the public hearing. Councilman Harrison moved adoption of RESoLUTIoN 56-90. Seconded by Councilwoman Barton, carried unanimously by voice vote. TRAFFIC ALLOCATIONS - MAY 1990 City Planner reviewed her memo of May 16 which recommended council review the application and take action. Recently Hiram walker, the applicant, decided to close and sell their bottling plant on RoIIins Road. The Mozart Development company is interested in the site as a wholesal-e-retai I corunercial complex. They have not proposed anyspecific tenant but indicate they wiLl seek operators like Food 4 Less, Costco, Home club or Price Club. A11 these businesses appearto be open seven days a week lrith varying hours. The developer expects a projected sales volume of $127 million but does notdistinguish taxable sales because it depends upon the type of store. Those which se11 food would have lovrer taxable sales. The west sideof the Broadhray interchange at Rollins Road is presently operatingat traffic 1evel of service C (light congestion, occasional backups). Level of service is expressed in a range, for example 70to 79 percent of the intersection capacity is level of service C. The net effect of the proposed development is to change the leve1 of service from the mid C range to the lower D range. Mayor Lembi noted from the staff report that if this traffic allocation were allowed the remaining capacity for Broadway Rollins intersection would be 1.4 percent and noted this would allow perhaps one more development in the area. Councilwoman o'Mahony questioned the parking planned for this proposed development, staff respondedit appeared to be adequate but that would be determined when aproject came before the city for approval. councilwoman Barton thought this proposal was too much impact for the areai she works on Roltins Road and is very familiar with the traffic problems in the areai she did not favor this acknowledged a letter receivediffered with the staff proje reviewed methods of arrivinghalf the traffic was assumed tohrard Mi1lbrae. cation. Councilman Harrison om Mozart Development which n of traffic impact. Staff he traffic impact and noted thatravel toward Broadway and half a1lodfrctioatttot Michael Wilson, Mozart Development, reviewed figures arrived a his traffic consultant; he noted Hiram walker is going to sel1 site and traffic will be generated; it is the last large site city and the last chance for an oPeration of this type; the pr use would be a benefit to the city and bring revenue through s tax, and would benefit the citizens; industrial uses are not t tin op a1 by he the osed ES Director of Public Works reviewed his memo of May 10 which recommended council hold a public hearing and take action. Eachyear the city establishes the weed and Rubbish Abatement Program. Lands to be abated have been posted and he had a list of 37properties. After the hearing council should order the abatementof these weeds and rubbish; if the property is not cleaned by the owner the city will contract to have the work done and bill theproperty owneri if they do not pay the cost wiII be attached totheir property taxes by council action in July. 2L appropriate fousei most othecouncil suppor rt tt he area and this project is a higrher and betterities have at least one such operation; he urgedhis request for traffic allocation. Councilwoman o'Mahony was agreeable to approving the trafficallocation; she said she would be delighted to have this type storein the cj-ty, though she would not like a 24 hour operation; thisallocation would enable Hiram Wa1ker to sell the property. Councilwoman Barton disagreed, stating this use would require a change in the general plan; she thought there would be great objections from the cityrs retailers. Councilwoman o'Mahony moved to approve the traffic allocation to the Hiram walker property. Seconded by Councilman Harrison, carried 3-1 on roII call vote, Councilwoman Barton voting no. 1990-91 BUDGET TRANSMITTAL City Manager noted that council had been sent the proposed 1990-9L budget; the June 6 Study Meeting would be devoted to the budget and adoption is proposed for the June l-8 meeting. City Manager acknowledged a letter from Library Trustee Bill Bacigalupi statinq he would not request reappointment in June and noted that Library Trustee Loretta Blevins' term also expires June30, l-990. Council set June 13 as the last date for applications tothe Library Board. APPOINTMENT TO THE PENINSULA LIBRARY SYSTEI4 ADVISORY BOARD Mayor Lembi acknowledged a letter from Library Board President Bacigalupi requesting reappointment of Library Trustee Shirley Robertson to the PLS Advisory Board for another two year term. councilman Harrison moved to reappoint Shirley Robertson. Seconded by Councilwoman o'Mahony, carried unanimously. CONSENT CALENDAR Councilwoman o'Mahony asked for a wording correction on the Taxi ordinance (item a), City Attorney will correct; she also asked ifthe retainer was paid to the Liability Claims Administrator even if there were no claims (item f). city Attorney responded there are always claims, but that the retainer would be paid even if there were none . Staff asked that item g, approval of maps for a project at 1499crove, be removed because that project has been appealed. a. INTRODUCTfON OF ORDINA}ICE 1411- INCREASING TAXfCAB FARES City Attorney's memo of May 8 recommended council introducethis ordinance to increase taxicab fares as directed by councilat the May 7 meeting. Oak b RESOLUTION 57-90 AUTHORIZING PARTICIPATION IN FEDERAT AID PROGRAM TO REPAIR EARTHgUAKE DAI4AGED STREETS - CP 928 & OO1 Public Works memo of May 9 recommended council approve theauthorization to participate in the state program for repair ofquake damaged streetsi this would pay for repairs to California and Broadway, and to Bayshore Highway and Rollins Road. RESOLUTION 58-90 ACCEPTING COMPLETION OE MAIN PUMP STATION IMPROVE}4ENTS - CP 602 LIBRARY BOARD VACANCY Public Works memo of May 11 recorunended council accept thisproject as completed by Monterey Mechanical company in the amount of $1,536,783.95. 22 f d RESOLUTION 59-90 AWARDTNG CONTRACT FOR RENOVATION OF WASHINGTON PARK TENNIS COURTS - CP 924 Recreation Dj.rector's memo of May 16 recommended council award the contract to Interstate crading & Paving for the 1ow bid of $224,5t6.89. RESOLUTION 60-90 ACCEPTING COMPLETION OF THE BOWLING ALLEY DEMOTITION - CP 725 Pubtic Works memo of May L6 recommended council accept thisproject as completed by Ferma Corporation in the amount of $178, ?51. RESOLUTION 61-90 AGREEMENE FOR LIABILITY CLAIMS ADMINISTRATION SERVICES city Attorney's memo of May 11 recommended council approve this contract with George Hi1ls company for one year. withdrawn (Maps for 1499 oak Grove) TENTAEIVE AND FINAL PARCEL MAP FOR 1472-1,4T6 CHAPIN AVENUE Public works memo of May L6 recommended council concur with the Planning Commission and approve the tentative and final parcel map for 1ot combination purposes. i. RESOLUTION 62-90 AGREEMENE W]TH SOUTHERN PACIFTC RAILROAD FOR STORM DRAIN CROSS]NG TRACKS - CP 415 Public works memo of May 11 recommended council approve this agreement with SPRR for replacing a storm drain crossing SPRR right-of-way near Mills Avenue i as a term of this agreement the city will pay to SPRR a one-time charge of $435. WARRANTS AND PAYROLL I h J k.A Finance Director recorunended council approve warrants 8837 - 9430, duly audited, in the amount of $1,651,128.09 and PayroII checks 24867 - 25604 for the month of April, 1990, in the amount of $1,000,316.12. PPROVAL OE' CHAMBER OF COMMERCE CALENDAR OF EVENTS city Managerts memo of May 15 recommended council approve the list of events for 1990, excepting the Broadway Street Fair which will be considered by council- at its next study meeting. councilwoman Barton moved approval of the Consent calendar with the exception of item g. Seconded by Councilman Harrj.son, carried unanimously by voice vote. COI'NCII COMMITTEE REPORTS Audit Committee: Councilman Harrison reported on the recent Audit committee meeting which he and Councilwoman o'Mahony attended. Water QuaLity Control- Board: Mayor Lembi had attended a hearing of the }'IQCB regarding use of Apanolio Canyon for a disposal site. Councilwoman o'Mahony hoped there would be a letter writing campaign of support for this use before the JuIy vote on this issue. NEW BUSINESS Mayor Lembi scheduled appeal hearings for 910 Howard Avenue; 720 Burlingame Avenuei 1499 oak Grove Avenue; 347 Primrose, four appeal letters received; hearings set for the June 4 meeting. Loading Zone: Councilwoman Barton asked for the Traffic Commission to look into putting a loading zone at the rear of Fox MaIl. 23 Water Rationing Notices for Hotels: Councilman Harrison asked whether the city had these place cards ready. Staff said the draftis at the printer, a folder would be prepared for hotels and also one for restaurants stating water was avaiLable by reguest only. Sinkhole: Councilman Harrison reported there was a sinkhole appearing at the intersection of Humboldt and Bayswater. studebaker Letter: councilman Harrison acknowledged a letter from Helen Studebaker objecting to trees and shrubbery blockingsidewalks. He suggested notices in the Recreation Bulletin or on water bi1ls regarding proper trimming of shrubs. Staff will have the park department drive through the area where she lives since shedid not give a specific address for this problem. cable Tv: Councilwoman Barton noted the many letters council is receiving from cable viewers concerning changes in programming. Staff said the city has no control over TV programming. ACKNOWLEDGMENTS Commission Minutes: Library Board, May 15; Civil Service,April 10; Beautification, May 3; and Planning, MaY 14, 1990. Department Reports3 Building Report, March 1990; Treasurerrs Report, April 30, 1990; Police Report, April 1"990. FROM THE FLOOR Marti Knight asked if vacant gasoline station lots would be clearedof weeds and rubbish in the weed abatement program. cary cohn, applicant for the 347 Primrose project, asked that the hearing be set for a meeting with a fuII council present. City Manager noted that one of the four letters received appealing 347 Primrose requested the hearing be set for June 18 meeting in orderto have a fuII council present. Council and staff were not aware if Councilman Pagliaro would be present on June 18 and will inguire when he returns to determine date for hearing. Councilwoman Barton said she would also prefer to have a full council present. Takkuo Kanno, applicant for L499 oak crove, wondered about the procedure for the council hearing; staff informed him he could makethe same presentation he did before the Planning Commission. The meeting was regularly adjourned at 9:15 p.m Judith A. Mal-f attiCity Clerk a t- Parking Structure: Councilman Harrison said the structure needscleaning. Mayor Lembi suggested some type of warning sign for theisland entering the parking structure from Donnelly. staff suggested reflective paint and will check into it. ADJOURNMENT