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HomeMy WebLinkAboutMin - CC - 1989.05.15359 BURLINGAME, CATIFORNIA May 15, 1989 CALL TO ORDER A duly noticed regular meeting of the Burl-ingame City Council was held on the above date in the city HalI council Chambers. The meeting was caLled to order at 7:31 p.m. by Mayor Irving S. Amstrup. COUNCILMEMBERS PRESENT : COUNCILMEMBERS ABSENT : MfNUTES AMSTRUP, BARTON, MANGINI , PAGLfARO LEMBf (vacation ) Minutes of the Regular Meeting of May 1, 1989 were approved. PROCLAMATION fN HONOR OF MILTS H]GH SCHOOT THEATER RENOVATION Mayor Amstrup noted a proclamation in honor of the renovation of Mi11s High Schoo1rs theater. He presented the proclamation to Marshal Umpleby, Principal of Mi1ls, who expressed gratitude for councilrs support of this project and invited all to attend the " Community Capers" on Saturday night, a fund raiser for the project. APPEAL FOR VARIANCE TO PARKING AA 2IT2 HILLSIDE - RESOLUTION 59-89 APPROVING VARfANCE City Planner reviewed her memo of May 5 which recommended council hold public hearing and take action. Dr. and Mrs. James Ferarra are requesting a parking variance for one covered parking space where two are required in order to add a 788 square foot triio bedroom, two bath second story addition to their home. Presently there are three bedrooms, one of the current bedrooms will be converted to a family room, thus they will have a four bedroom house which requires t\ro covered parking spaces. The present garage area is 15 by 17 feet (where 20 by 20 feet is required) and is connected with a 13 by 10 foot workshop area and a 5 by 10 foot patio area. The applicants propose to relocate the interior partition wall to increase the parking area to a depth of 20 feet, the 15 foot width would remain. There is an 88 foot driveway on this property. The Planning Commission moved to approve the request for variance to parking but the motion failed on a 2-4 vote. Mayor Amstrup opened the public hearing. James Ferarra stated that he planned the addition because he and his family want to stay in Burlingame; he said he has a large driveway and can accommodate several cars on the driveway and he does park two cars in the present garagei presented a letter of approval from neighbor adjacent to driveway. Councilman Pagliaro inquired if Ferarra would be wilting to move a garage wall to give additional width; Ferarra replied he would prefer not to do so, but if required he would move waII, he had landscaped the back yard and hoped not to disturb the area; hated to cover land with additional structure. Lia Turk, 2108 Hillside, spoke in favor, said the Ferarrars are an asset to the neighborhood; they can park lots of cars in driveway, and two cars in garage. Mayor Amstrup closed the public hearing. Council agreed that it had no objections to the parking variance since t$ro cars would fit in garage and there was a long driveway. Councilman Mangini moved to approve the request for variance to parking with conditions by adoPtion of RESoLUTIoN 59-89. Seconded by Councilwoman Barton, carried unanimously 4-0 on ro11 call vote. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Public Works Director Ralph Kirkup. ROLI CALL 360 APPEAL FOR VARIANCES TO SETBACKS AND DECLINING I]EIGHT ENVELOPE, AND FOR HILLSIDE CONSTRUCTfON PERMfT AT 31-09 CANANEA city Planner revie$/ed her memo of May 5 which recommended council hold public hearing and take action. Michael and Debbie Sanders are requesting three variances and a hillside construction permit inorder to make a 930 square foot garage addition and a 1,572 squarefoot four bedroom/two bath second story addition to the three bedroom house at 3109 Cananea. The variances are for front setback, 11.9 feet requested, 15 feet required; side yard setback, 4.4 feet requested, 6 feet required; and extension beyond the declining height envelope of 2 square feet. Because of the angle of the sideproperty line and the encroachment of the structure into the front setback, the corner of the garage exceeds the declining height envelope. In addition, this house is located in the hillside review area where second story additions require a hillside constructionpermit. In order to grant this permit, council must find that the proposed second story addition does not substantially obstruct the long distance views from habitable areas of neighboring properties. The Planning Commission voted 4-3 to deny the three variances, most commissioners finding the project too big, and 5-2 to deny thehillside construction permit, finding it would impact views. fn response to council questions, City Planner reviewed history of the site. In 1985 the applicant was granted a building permit to make a four car garage addition to the house. The foundation and slab were poured and insepcted, then construction ceased. This year the applicant decided to complete the job, they submitted revisedplans showing the garage with a second story addition over the new and existing garages. The new garage is located at right angles to the driveway, requiring more than three maneuvers to enteri the curbcut and driveway would have to be moved to Cananea to better access the garage. Councilman Pagliaro also wondered why there were so many windows shown in the new garage and if any consideration had been given to making entrance to new garage on the Los Montes side. Mayor Anstrup opened the public hearing. Michael Sanders said the architect had added the windows in the garage for light; they are not planning a seven bedroom house, oneof the rooms would be an office and another a guest room; theaddition is only five feet higher than present house, so would not impact views much. Councilman Pagliaro asked him why the new garage faced north requiring more than three maneuvers to enteri Sanders responded entrance facing Los Montes would allow wind and blown leaves to enter garage; he owns nine cars that need storing, the new garage was not intended for everyday use; Sanders said there arefour people living at the house, they needed more bedrooms for grandchildren and guestsi Councilman Mangini had viewed many cars in various stages of repair/disrepair stored on grounds; Councilwoman Barton wondered if Sanders did car repairs or restoration there, he replied he does some work on cars. Debbie Sanders requested approval , she presented a letter of approval signed by neighbors; they are willing to reduce size of project somer^rhat. Frederick and Susan Smith, 1515 Los Montes, requested denial. They hated to see two story house where there are now only one story andsplit Ievels; size of project is too big; hard to assess impact offive additional feet in height; would like to see garage finished. Phil Nato1i of 1516 Los Montes objected to this garage project sitting unfinished for so many yearsi now applicant !,rants to finishit but city won't let him; he wanted to see garage finished. Council explained that the applicant had made many changes from hisoriginal plans including a second story to the garage; since he had waited so long, some code revisions have been made. Mayor Amstrup closed the public hearing. Councilwoman Barton had viewed the site, she did not approve ofgranting the requests; the project was too big; concerned about views; other council members agreed. Councilwoman Barton moved to uphotd the Planning Commission denials. Seconded by Councilman Mangini, carried unanimously 4-0 on roll cal-I vote. 361 ADDITION AT 2108 ADEL]NE - RESOLUTION 60-89 city Planner reviewed her memo of May 5 which recommended council hold a public hearing and take action. Robert Galindo is requesting a parking variance and declining height envelope variance for a second story addition at 2108 Adeline. The parking variance is for a 19 by 19 foot garage where 20 by 20 feet is required. In addition, the placement of the garage provides only 10.5 feet clearance between the house and garage, so a second vehicle eannot maneuver into the garage. There is a 95 foot long driveway on thisproperty. The declining height variance is for 146 feet outside the envelope. A previous owner converted half of the garage into a living unit; the present owner is only using this area for storage. The Planning Commission denied the request for declining height variance, and approved the parking variance with conditions, at its April 10 meeting. Mayor Amstrup opened the public hearing. Robert Galindo presented a petition in favor of the addition. He said his addition would not block views, shade neighbors or invadeprivacy. He showed architect's drawing of the proPosed project. He had made many improvements to the property, it was an eyesore and he wanted to further improve the site. Councilman Mangini mentioned the Planning Commission's alternatj-ves and thought calindo could build and stay within the declining height envelope. Councilman Pagl-iaro had a problem with the condition number 2 that if the garage were reconstructed, it should be a one car garage; city Planner replied that was due to the difficulty of entering the second garage parking space because it was too close to house. Galindo stated that he can get a second car into the garage, but agreed it was a difficult maneuver. Bill Hammock, neighbor, realized city has had problems with large additions, but there is already an enormous roof line on the house, he urged approval of the addition. Another neighbor from 2204 Poppy said the height of house would remain the same, he urged approval. A friend of Galindo's from San Jose, Gary Pollick, has worked with Galindo on improvements to the property; Galindo is trying to make this house livable for his family; it would enhance neighborhood. Councilwoman Barton agreed that Galindo is doing a beautiful improving the property, but she supported the declining heigh envelope and wondered if there were any way Galindo could briproject into complj-ance. Galindo noted the severe angle of t line makes any addition difficult. Jim Gibson, 2204 Ade1ine, reviewed the many improvements made by Galindo; was anxious to see the project finished; roof pitch is difficult to work with. Kathy orBrian urged approval, the house was a terrible sight and Galindo has made improvements. Mayor Amstrup closed the public hearing. Mayor Amstrup was very impressed with the work Galindo had done to the property so far; he agonized over this project, but the declining height envelope was established for the betterment of the entire town; felt Galindo could work within the envelope. Councilman Mangini said he had viewed the site; he also thought Galindo coutd build within the envelope. Councilwoman Barton asked what Galindo would lose if addition were moved within the envel-ope; City Planner responded about 150 square feet on the second floor. Counci"Iman Pagliaro said Galindo is doing a fine job on improvements but plans could be redesigned to stay within the envelope; the only exceptional thing about the property is the steep pitch and high roof line. job on t ng the he roof APPEAL OF VARIAI.,.ICES TO PARKING AND DECLINING HEIGHT ENVELOPE FOR 362 Councilman Mangini moved to deny the variance from declining height. Seconded by Councilman Pagliaro, carried unanimously 4-0 on ro11call vote. Councilman Pagliaro moved to approve the parking variance with condition 1 and 3 of staff report, by adoption of RESOLUTION 60-89. Seconded by Councilman Mangini, carried unanimously by ro11 call vote. Mayor Amstrup ca1Ied for a recess at 8:33 p.m. The meeting reconvened with four council members present at 8:36 p.m. APPEAL OF VARIANCES TO PARKING AND F'LOOR AREA RATIO, AND SPECIAL PERMIT FOR RESTAURANT AT 1461 BAYSHORE - NEGATIVE DECTARATION City Planner reviewed her memo of May 5 in which she recommended council hold publie hearing and take action. The o1d Spaghetti Factory is requesting a special permit for a freestanding restaurant and two variances for floor area ratio (.49 FAR requested, .15 FAR allowed) and for parking (41 spaces proposed, 165 spaces required)in order to convert an existing 14,985 square foot warehouse/ catering business to a restaurant. The applicant proposes to use 117 parking spaces on adjacent properties after 5:00 p.m. as well asstreet parking to meet parking requirements. There would be 10 to 15 employees on site during day, they would move their cars betvireen 4:00 and 5:00 p.m.; additionally there are periodic staff meetings during the day where up to 50 people are present, on-site parking would be exceeded those days. The applicants pointed out that manyof their employees are college students who take mass transit towork. There would be truck deliveries all through the day. The applicants brought up many clarifications about the project at the Planning Commission meeting which were not addressed by the negative declaration; the Planning Corunission found the negative declaration prepared for this project (ND-403P) based on the originalapplication, does not address those clarifications made and recommended the document to the council as incomplete and denied the special permit and two variances at its April 10 meeting. Mayor Amstrup opened the public hearing. Robert Blunk of Blunk Demattei Associates Architects cornrnented that the old Spaghetti Factory is a unique family restauranti there are two j-n the Bay Area, nine in California and 23 total in the chain;it would be an asset to the city and to Bayshore Highway area; he noted there is a high ratio of patrons per car because this a familystyle restauranti they have an agreement \^rith the property owner who also owns the adjacent sites, to use adjacent sites for parking after 5:00 p.m.; the parking lease would go with these sites if theproperty were soId, though there are no plans to seII; the adjacentparking areas are only 100 feet away from the site. David cook, Vice President of the Old Spaghetti Factory, Portland, oregon, said he would to clarify confusion that appeared at the Planning Commission meeting; he was not sure where the number of two employees being on site during day came from, that was not a reasonable number, there would be 10 to 15 employees there during day, they could park on site; the general meeting referred to only happens two times a year and on a Saturday morning, so parking would not be impacted; the parking lots proposed to be used would be provided with night lighting for patrons safety; they did a traffic/parking study based on their busiest restauranti they do not expectthat traffic and parking would be as heavy as projected for thissite; he had observed parking and traffic on Burlway Road and there appear to be no problems; aII the off-site parking proposed is on the same side of street so patrons would not have to cross anystreets, protecting public safety. Councilman Pagliaro coul-d not agree that there would be no parking problem because the adjacent business's parking lots would not aIIinstantly empty at 5:00 p.m. when the restaurant opened; he wasquite concerned. Cook said that they vrould not have 400 patrons arrarr he p.m adj iving aive ear expecte.allt acent b t 5:00 p.m. on weekdays, perhaps on weekends they wouldlier and wait for the restaurant to open, but on weekdays d most would not arrive until 6:00 p.m. or afteri by 6:00 he adjacent lots are empty, in fact the largest of the usinesses closes at 4:00 p.m. 363 Councilman Pagliaro wondered if they could limit future tenants useof parking Iots. Cook said his business could not control this, butthe property owner, Mr. Crisafi, has said he would place conditions on his future tenantrs use of parking lots and hours of operation. Councilman Mangini had no doubt that this was an excellent restaurant business, but was shocked that they would request such alarge restaurant with only 41 parking spacesi council has nevergranted permits based on off-site or street parking availability. Cook said he was aware of this, but he is dealing with property owner who o\"rns the entire block and would make parking available. Cook questioned the negative declarationrs statements that theproject would potentially impacpollution; particularly in ligh and major hotels and restaurant exception to Cook's statementswith City Planner. raffic, air pollution and noisef the proximity of airport noi.se, cross street. Council took suggested he discuss the meaning He tttosa and Councilwoman Barton could not see point in arguing the negative declaration when the issue is off-site parking; they canrt guarantee parking; and can't guarantee these buildings won't be sold. Cook said if adjacent properties were soId, they would still be subjectto the recorded lease. Nick Crisafi, 808 Burlway and owner of the project site and adjacentsites, said he had owned the properties for over 10 years; Burlwayis a unique street because it is a dead end, has no through traffic and there have never been parking or traffic problems; one major tenantrs employees are off at 4:00 p.m.; when the Hyatt Hotel was being built all the construction workers parked on Burlway and there were stilf \.ras no parking or traffic problems. Councilman Pagliaro inquired if Crisafi would record the Ieases for adjacent properties with limitations to provide parking for therestauranti crisafi said he would record lease requiring thatparking be available to the restaurant from 5:00 to 12:00 p.m. andthat the restaurant provide lighting in the parking lots; he could not police or enforce use of the lots. The hearing was closed. Mayor Amstrup stated he had visited one of these restaurants in oregon and it was a fine restaurant; would love to have one here but had problem with parking. councilwoman Barton could see no way tobring this restaurant to Burlingame with no guarantee for parking; the landlord will not enforce the parking requirements for adjacentproperties; she would vote against this request. Councilman Mangini wondered if patrons of the restaurantrs other sites had to walk asfar as they would at this site if parking were allowed. Cook said they would provide lighted paths; if leases are recorded they would have tshe parking needed. City Attorney reviewed that Crisafi said he would record the leases but would not enforce them. Councilman Pagliaro said the old Spaghetti Factory is a wonderful restaurant chain, but parking availability is very questionable. moved to sustain the Planning Commission denial . Seconded by Councilwoman Barton, carried unanimously 4-0 on ro11 call vote. city Planner reviewed her memo of May 4 which recommended council review the proposed procedure and take action. In 1982 staff prepared a description of the processing procedure for projects located in the Rollins Road-Bayf ront-Anza areas. The procedure focuses on projects which are new construction or major changes i-n use which would generate measurable volumes of traffic at thecritical intersections. The volume of traffic generated and theidentification of the critical intersections were based on thetraffic analyzer model which is used as the basis for determining l-and use densities in the specif j.c Area PIan. Councilman Mangini moved adoption of RESOLUTION 61-89. Seconded by Councilwoman Barton, carried unanimously by voice vote. RESOLUTION 61-89 - ESTABLISHING TRAFFIC ALLOCATION REQUIREMENTS AND PROCEDURES Mayor Amstrup asked that office FAR be discussed at a future study meeting. RESOLUTION 62-89 - ADOPTING ENVIRONMENTAL REVIEW PROCEDURES City Planner reviewed her memo of May 4 which recommended council formally adopt this procedure for public input for various types of envirorunental reviews. There are three types of environmental review possible; an environmental exemption; a negative declaration; and an environmental impact report. The procedure addresses how these actions brould be handled by the Commission and the Council. Councilwoman Barton moved adoption of RESoLUTIoN 62-89. Seconded by Councilman Mangini, carried unanimously by voice vote. INTRODUCTION OF ORDINANCE ].390 - REVfSING PARK]NG REgUIREMENTS FOR SINGLE FAMI LY HOMES City Planner reviewed her memo of May 4 which recommended council introduce this ordinance and set for public hearing on June 5. This proposed revision to single family parking requirements is to make achieving on-site parking more consistent with existing circumstance and more closely parallel the size of the proposed dweIling. It would allow an 18 by 20 foot existing garage to be counted as two covered parking spaces so long as it is existj-ng, or an existing house being enlarged or remodeled. Councilman Pagliaro said this ordinance was going in the hrrong direction by easing requirements and allowing less off-street parking; he would not even want to see this introduced. Councilwoman Barton said this may have been initially discussed when Councilman Pagliaro was absent; council is allowing many variances for this type parking when the spaces are on site as proPosed in the new ordinance. City Manager said this had been discussed at thejoint City Council/Planning Commission meeti-ng. The majority of eouncj-I determined to discuss further after the public hearing. councilwoman Barton introduced oRDINANCE 1390. INTERIM ORDINANCE 1391 - PROHIBITING ISSUA}.ICE OF BUILDING PERMITS ON CERTAI N PARCELS BOUNDED BY EDGEHILT AND CALIFORNfA DRIVES City Planner reviewed her memo of May 10 which recommended council consider the necessity for an interim ordj-nance and take action. In April the city council considered and denied a colunercial project located in an area zoned c-2 between Edgehill and California Drives. concern was expressed at that meeting about the compatibilj-ty of the heavy corunercial designation vrith the residential use on EdgehiII. This area is unique because there are 15 lots with double frontage on both Edgehill and California. Except for two lots at the corner of Palm and Edgehill, these lots are all Presently developed in some type of residential usei some also have commercial use in the rearide. Current zoning and general plan d al1ow commercial development on anystrict standards. This means that a 5 foot talI structure, property line ong as aII parking requirements were met on site. If council wishes to take action it can adopt an interim ordinance to prohibit atl- building permits excepE for those for maintenance or repair of existing structures. Council agreed that the interim ordinance r"ras necessary to preclude someone from coming in tomorrow for such a project; Burlingame also has a housing shortage; council wiII study further. Councilwoman Barton moved adoption of ORDfNANCE 1391. Seconded by Councilman Mangini, carried unanimously 4-0 on roII caII vote. city Attorney noted this ordinance would expire in 45 days and may be extended at the June 19 meeting. He suggested noticing people within 300 feet of this area. Council concurred. RESOLUT]ON 63-89 - TERMINATING WATER RATIONING of the Iot on the CaIi designation for this a one of these 15 lots tproperty owner could bto property 1ine, so 1 fornia s rea woulo C-2 diuild a 3 364 City Manager reviewed his memo of May 20 which recommended council adopt a resolution to terminate the \"rater shortage emergency. On 365 May 9 the San Francisco Public Utilities Commission ended the mandatory rationing effective May 10. He also noted that theyproposed to i-ncrease suburban customer rates 33.4 percent in accordance with the 1984 settlement agreement and master water salescontract. the Bay Area Water Users Association has retained Price Waterhouse to review the rate increase. Burlingame would have to increase $rater rates by 16 to 17 percent to offset this San Franci-sco increase. He also asked council to commend citizens for conserving water up to 20 percent as compared to 1987 use and encourage continued conservation to avoid future shortages. Councilwoman Barton inquired if suburban users have ever fought these water rate increases. City Manager reviewed previouslitigation which resulted in the current contract which allows increases due to emergencies. The increase will be carefull-y reviewed. Councilwoman Barton moved adoption of RESOLUTION 63-89. Seconded by Councilman Mangini, carried unanimously by voice vote. CANCELTATION OF STUDY MEETING Mayor Amstrup canceled the Study Meeting scheduled for May 17 due to absence of a council member and light agenda. CONSENT CALENDAR councilman Mangini wondered where a person would find a home in Burlingame for $183,0C0 as suggested by item a. City Planner agreedit wouLd be unlikely, but this resolution would aLlow the county toadminister such a request if a first time home buyer found such a home in Burlingame. Councilwoman Barton inquired about the claim of Sanchez, d(2). city Attorney noted this was the death of a motorcycle rider. Councilman Pagliaro asked about the facade measurements for the encroachment permit, item e. Directorclarif ied measurement. RESOLUTION 64-89 - AUTHORIZING PARTICIPATION IN COUNTY MORTGAGE CREDIT CERTIFICATE PROGRAM City Planner's memo of May 3 recommended council approve thisresolution allowing eligible Burlingame residents toparticipate in the county administered Mortgage Creditcertificate program which provides assistance for moderate income first time home buyers. RESOLUTION 65-89 - AWARDING CONTRACT FOR AIRPORT BOULEVARD REHABILITATION, PHASE 1A, CONTAINMENT BARRIER, CP 328 Public works memo of May 20 recommended council award thiscontract to Ferma Corporation in the amount of $1,393,000.Bids were opened on May 9 and the low bidder appeared to be Fisk-Firenze-Mclean i a $14,400 mistake was found in figures which made it the second lowest bid. The erroneous bid wasrejected and award should be made to Ferma. CHAMBER OF COMMERCE REOUEST FOR UPCOMfNG EVENTS City Manager's memo of May 20 requested that council approvesix events subject to conditions. d. DENIAL OF CLAIMS: (1) SANCHEZ FAMILY; (2 MAI TA COOKE City Attorney's memos recommended denial of (1) the claim ofthe Sanchez family for death of their son and brother; and (2)for taking Mrs. Cooke into temporary custody and transportingher to Peninsula Hospital for observation. e. ENCROACIIMENT PERMIT FOR FACADE AT 1348 BURLINGAME AVENUE Public Works memo of May 10 recommended council approve thisrequest for an encroachment permit for the new facade extendinginto the public sidewal-k six inches on a newly remodeledbuilding. a b f. TRANSFER OF FUNDS TO 1989 STREET REPAIR AND RESURFACING CP 8].7 Public works memo of May 10 recommended council approve the transfer of an additional $156,700 to this project from unexpended capital funds to cover work done by the contractor;in FY 89-90 transfer funds from the 89-90 paving project backto the capital fund. s WARRANTS AND PAYROLL Finance Director recommended approval of warrants 3244 - 3724, duly audited, in the amount of $944,185.74 and Payroll Checks L4249 - L4974 for the month of April l-989 in the amount of $746, s6s. s7. councilman Mangini moved approval of the consent Calendar. by Councilwoman Barton, carried unanimously by voice vote. Seconded a b c d OLD BUSINESS Police chases in residential areas: councilwoman Barton inquired about police policy regarding chases. Chief responded that there is a policy that restricts number of cars in a chase; the officer in charge is required to assess the danger of the chase to community. AB 2400: Councilman Pagliaro noted that hearing on AB 2400 was scheduled for today. Assembl]'rnan Lempert's representative in the audience stated that the hearing had been postponed. Palm trees: Councilwoman Barton inquired about the state of the traffic islands with the palm trees in front of city ha]I; this is a very focal point for city ha11 and library. city Manager responded that lawns were allowed to die during the water shortage, they will be replanted $rith ground cover. City budget: City Manager stated the Proposed budget would be delivered to council shortly, to be discussed at the June ll' study Meeting and adopted on June 19. 7 ACKNOWLEDGMENTS Commission Minutes: Civil Service, April L1; and Planning, May 8, 1989. Proclamations: Mills High Theater l,Ieek; fnsurance womenrs !{eek. Department Reports: Building Inspector's RePort, April 1989. Letter from Mr. and Mrs. Lynes objecting to proposed expansionof SF airport considering the current airPort noise. Letter from SamTrans requesting council pledge to use public transit once a week. FROM THE ELOOR There were no co[unents. CLOSED SESSfON - LABOR NEGOTIATIONS Mayor Amstrup adjourned the meeting to a closed Session regarding labor negotiations at 9242 p.m. and asked for a moment of silence in memory of Dorothea Hughes' daughter, for whom a memorial service was conducted tonight; the meeting would be adjourned in her memory. ADJOURNMENT IN MEMO RY OT DOROTHEA HUGHES t DAUGHTER The meeting was regularly adjourned at 9:47 Dorothea Hughesr daughter Dorothea. p.m. in memory of Judith A. Malfatcity clerk 366