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HomeMy WebLinkAboutMin - CC - 1989.03.20BURLINGAME, CAL]FORNfA March 20, 1989 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. The meeting was caIled to order at 7:34 p.m. by Mayor Irving S. tunstrup. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Fire Chief Malcolm Towns. ROLL CALL COUNCILMEMBERS PRESENT:AMSTRUP, BARTON, LEMBI , MANGINI , PAGLIARO NONECOUNCILMEMBERS ABSENT : MINUTES Minutes of the Regular Meeting of March 6, 1989 $rere approved. CONTINUE APPEAL HEARING FOR FENCE EXCEPTION AT 1.152 CABRILTO AVENUE Mayor Amstrup continued the public hearing for this appeal to the next meeting, April 3, at the request of the appel-1ants. APPEAL OF PARKING VARIANCE FOR SECOND STORY ADDITION * 1351 CABRILLO City Planner reviewed her memo of March 10 which recommended council hold public hearing and take actj-on. Patrick Barrett is requesting a parking variance to make a second story addition to his house at 1361 Cabri1lo. The parking variance is required because the exist- ing oversized one car garage does not meet code required 20 by 20foot two car covered parking required for a house with four or more bedrooms. The house is only 22 feet from the front property line so cars cannot be parked in the driveway behind the 15 foot setback asrequired. The Planning Commission voted to deny the request withoutprejudice and directed the applicant to reduce the square footage, the bulk of the building and to reduce the number of bedrooms. Mayor Amstrup opened the public hearj.ng. Patrick Barrett reviewed his familyrs need for the addition, he hasfour children and three boys who all sleep in the same bedroom; he has been active in the community coachj-ng soccer and baseball; he could not afford to move to a larger home. He presented a petition signed by 25 neighbors approving of the addition. He noted that both the adjacent homes will also be making additions. James Devine spoke in favor; he designed the addition with the same roof style and pitch to match the building and fit in with the neighborhood; he felt it would not look massive; moving the second story wa1Is in from the first floor would increase construction costs greatly. Council asked several questions of Devine regarding measurements and possible redesign of garage. Council agreed that two cars could fit in the garage parked tandem. Councilman Pagliaro suggested that Barrett widen the driveway to al1ow more parking. Several friends and neighbors of Barrett's spoke in favor, noting that the garage is large enough to park two cars; the church across the street is very massive building so would not be affected by the mass of this additioni this is a large family and needs more room. Mayor Amstrup closed the public hearing. Councilman Lembi had viewed the property and would grant the variance, he noted the footprint of the building is set back so the addition would not be so noticeable; it's a hardship to not be able to expand the garage, he thought it lvould be a good idea to expand the width of the driveway to accommodate more cars; the design and character of the project fit in with the neighborhood. 330 331 Mayor Amstrup noted that t\"ro cars could indeed be parked in the garagei he supported the project. Councilwoman Barton had no problem with the design but tandem parking and the narrow driveway caused her some concerni she thought the idea of widening the driveway a great idea; could not support unfess more room for off-street parking; she suggested denying without prejudice and directing that the driveway be widened. councilman Mangini observed that he had reviewed with applicant the possibility of removi-ng soil along the side of the driveway to allow more cars; perhaps they couLd park aII of their bikes in garage too. Councilman Pagliaro agreed with Barton, there should be some effort to increase the parking. Mayor Amstrup inquired if the applicant would agree to widening the driveway; Barrett replied he would. Councilman Lembi moved to reverse the Planning Commission and approve the variance with the six conditions in the staff report and an additional condition that the driveway be widened in a manner approved by the City Planner and City Engineer to a hlidth of 20 feet to allow more off-street parking. The motion carried unanimously 5-0 on roII call vote. RESOLUTION 30-89 APPROVING NEGATfVE DECLARATION ND 420 P - AND RESOLUTION 3].-89 APPROVING SPECIAL PERMfT - FOR HOBBY SHOP AT ]-OO CALIFORNIA DRIVE City Planner reviewed her memo of March 13 which recommended councif hold public hearing and take action. David James Arata is proposing to convert the auto showroom/service building at 100 California Drive to a retail hobby shop. The shop would include retail sales area, a radio control car test track, office area and building is one of three on a large parceli the other showroom and a parking garage are proposed to remain i present use. Thirty-five parking spaces in the parkin be set aside for the hobby shop customersi a total of spaces would be provided for this site. No parking variance is needed but a special permit is required for any use in Sub-Area D that is not auto sales or service related. The Planning Comnission approved the negative declaration and special permit on February 27. Councilman Mangini expressed some concern over the parking and whether it would be sufficient. Mayor Amstrup opened the public hearing. David James Arata, applicant, spoke in favor, noting he realized that councilrs concern was this non-auto related business on auto row. IIe reflected on the current difficulties with auto franchisegetting another auto deal-er in the nd Burlingame now has a second ng studies concerning hobby shops assured council that there would storagtwo, an theig gara 53 par e. The Hondar ge would king limitations asite; he said auto roht. He and felt this the likelihood of imes are changing a eviewed his marketi as a good site; he ndtr w at rh be no racingcontrol cars the test txack and showed council one of the radio at would be in use. Scott Andrews, partner in the hobby shop, urged approval and related that the hobbyists range in age from 25 to 45 and are mainly ma1e. Mayor Amstrup closed the public hearing and noted that while he has nothing against hobby shops, he was not sure the auto row area is the right place for one. councilman Mangini agreed, noting that a hobby shop could be successful in Burlingame but vrould be dangerous to auto ro!r. Councilwoman Barton saw no problem with the project and moved to uphold the Planning Commission approval with conditions. In response to council, City Planner \"rent over allowed uses in the sub-area and that any other use must get a condj-tional use permit. 332 She noted that any use given a such a permit could be used as an example of an acceptable alternative use for the area. Councilman Pagliaro suggested a limitation on the actuaIength of the permit such as three years, in addition t review each year. 1tot erm or he usual Councilwoman Barton added to her motion an additional condition thatthe permit be for a three year period and that Arata would have toreapply for an extension after three years. Councilman Pagliaro seconded the motion. Staff noted that the negative declaration must be approved bycouncil first. Councilman Mangini moved to approve the negativedeclaration by adoption of RESOLUTION 30-89. Seconded by CouncilmanPagliaro, carried unanimously by roll call vote. The motion to approve the special permit by adoption of RESOLUTION 31-89 was approved 3-2 on roll- call vote, Mayor Amstrup and Council-man Mangini voting no. RESOLUTION 32-89 APPROVING NEGATIVE DECLARATION ND 421-P - AND RESOLUTfON 33-89 APPROVfNG SPECfAL PERMfT - FOR CHURCH USE AT 1157 CALfFORNIA DRIVE city Planner reviewed her memo of March 15 which recommended councj-l hold public hearing and take action. Reverend Richard Fernandez is requesting a special permit to use part of the existing theater building at l-L57 California for church and related activities. There are 12 parking spaces on site, three of these spaces are usedfor two retail businesses al-so in the building. The remaining spaces are available for church use. The applicant plans to j-nstall 54 fixed seats which is the maximum for 9 parking spaces. There would be two church services on Saturday and two on Sunday, other church related activities would take place hteekday evenings after 7:00 p.m. for a maximum of 10 people. No children attend thechurch. The Planning Commission approved the negative declaration and special use permit noting that additional parking could be available in the cornrnuter parking Iot across the street and thatthis is a low intensity use that would not impact the adjacentretail area. Mayor Amstrup opened the public hearing. Reverend Fernandez was present and responded to council inquiry that he would reinstall arailing near a drop by the building; that he does conduct weddings but they have been off site, that he hoped he would not have to conduct funerals. council discussed putting a time limitation on the length of the permitted use such as the previous permit received. Reverend Fernandez hoped council would not do so because he had to raise funds to make many improvements to the site and would not want to lose the site after a couple years. Mayor Amstrup closed the public hearing. Councilman Mangini moved to uphold the Planning Commission approvalof the negative declaration by adoption of RESOLUTfON 32-89 and the approval of the special permit by adoption of RESoLUTIoN 33-89 srith conditions of staff report. Seconded by Councilwoman Barton, carried unanimously by roII caII vote. DRAFT RESOLUTION FOR COMMISSION APPOINTMENTS DROPPED Councilman Pagliaro noted after some consideratj-on he feels the matter of term limitations for commissioners should be dropped. Councilwoman Barton stated she still believed in having a two termIimit but had faith that other council members would know when it was time for a commissioner to retire. Council- concurred in dropping the proposed resolution. AREAS City Planner reviewed her memo of March 9 which recommended council consider three options concerning the upcoming sunset of the INTRODUCTION OF ORDINANCE 1389 - REPEALING EXP]RATION DATE LIMITING FOOD ESTABLISHMENTS IN THE BROADWAY AND BURLINGAME AVENUE COMMERCIAL c)oc) DOD rrRestaurant Moratorium. rt of food establishments ilimit sunsets on April 1date, (2) repeal the expeffect permanentl-y or (3 1985 council set a limit to the number e city's two commercial areas. The 989 and council can (1) set a new sunset ion date so that the limitation stays in ke no acfion so that the limit expires. In nth 6, L i-rat )ta Councilmembers thought the present limitation was working weII. Councilman Mangini introduced ORDINANCE 1389 which would repeal the sunset date making the limit on restaurants a permanent city law. RESOLUTION 34-89 - URGING FULL F1'NDfNG FOR COUNTY CRIMINAL JUSTICE SYSTEM SUBVENTION PROGRAM CONSENT CALENDAR a RESOTUTION 35-89 - APPROVING DESTRUCTfON OF RECORDS OF POLICE DEPARTMENT City Attorney's memo of March 13 recommended council resolution allowing destruction of Police Department interrogation cards for 1983 and previous years. approve afield b RESOLUT]ON 36-89 - AGREEMENT WITH CITY OF HAYWARD FOR ASSIGN- MENT OF FEDERAL AfD URBAN (FAU) Fi'NDS Public Workts memo of March 15 recommended council approve an agreement with the City of Haylvard for assignment of FAU funds. As part of the funding for Broadway/ California improvements, the city applied for and was allocated $671,000 of FAU funds. The reguirements for meeting FAU regulations have proven to be more costly than the funding we received, therefore council approved withdrawing from the FAU program for this project. FAU requlations allow assignment of funds from one city to another and Ha].luard has offered to buy Burlingame's FAU funds at a 20 percent discount. c. DENIAT OF CLAIM: STELLA TORKELSON City Attorneyrs memo of March 3 recommended denial of this claim for injuries received when the claimant feII \"rhile ascending the steps to the stage at the recreation center. d. SPECIAL ENCROACIIMENT PERMIT FOR THREE COLUMNS EXTENDING EIGHT INCHES INTO THE SIDEWALK AT 1209 HOWARD Public Work's memo of March 15 recommended council approve this permit subject to standard conditions of removal to install three architectural columns on the face of the existing building. SPECIAL ENCROACIIMENT PERMIT FOR FENCE AT 824 FAIRFIELD Public workst memo of March L4 recommended council approve an encroachment permit subject to standard conditions for a 48 inch high brick and wrought iron fence. RESOLUTION 37-89 - SETTING PUBLIC HEARING APRIL 17 FOR ANNUAL WEED AND RUBBISH ABATEMENT PROGRAM - CP 902 Public work's memo of March 14 recommended council approve aresolution setting a public hearing April 17 for the 1989 weed and rubbish program on public and private property. councilman Mangini noted his annual- concerns about the clearing of Skyline Boulevard weeds and rubbish. WARRANTS AND PAYROLL Finance Director recornmended approval of warrants 2428 -duly audited, in the amount of $2,166,7 51.36 and Payroll 283L, checks Councilman Mangini requested that council adopt a resolution urging restoration of full funding for the Criminal Justice CounciI. He moved adoption of RESoLUTfoN 34-89. Seconded by Councilman Lembi, carried unanimously by voice vote. l e. f 334 1,2287 - 13380 for the month of February 1989 in the amount of $'780,247 .'7].. Councilman Lembi moved approval of the Consent Cal-endar. Seconded by councilman Mangini, carried unanimously by voice vote. YOUTH IN GOVERNMENT DAY Mayor Amstrup reminded council that the annual Youth in Goverrment Day would be held on April 25. JOINT MEETING WITH PLANNING COMMISSION Mayor Amstrup mentioned dates for a joint breakfast meeting \4tith the Planning Commission. Council agreed upon April 15 as the best meeting date. SCHEDULE HEARING Mayor Amstrup scheduled an appeal hearing on April 3 for a fence exception at 1915 Adeline Drive. ACKNOWLEDGMENTS Commission Minutes: Beautification, March 2; Civil Service, February 14; Planning, March 13, 1989. a b Department Reports: Report, February 28, February, 1989. In response to Councilwoman Barton, gun control legislation from cities Police Report, February 1,989; Treasurerrs 1989; Building Inspection Report, Police Chief reviewed recent the State. Notice from Padova, ftaIy, of presentation of a gold medal to celestino Romoli of Burlingame for his service to ftaIy. d Letter from Anastasia CoIe regarding a complaint about her art classes. Letter from Senate Insurance Committee regarding SB 103 and auto insurance. f. Letter from senator wilson regarding child care legislation. LOCAL INCOME TAX PROPOSAL councilman Pagliaro mentioned proposed legislation to establish a l-ocal income tax and noted he was strongly opposed to it. Council concurred and requested a letter in opposition be sent. GUN LEGfSLATION the and SHERATON HOTEL TAX LITIGATION Councilman Pagliaro requested a future Closed Session on the Sheraton Hotel Tax litigation if any additional settlement authority is necessary. FROM THE FLOOR There were no comments from the floor. ADJOURNMENT The meeting was regularly adjourned at 9:20 p.m Judith A. Ma1fatcity clerk t-