Loading...
HomeMy WebLinkAboutMin - CC - 1988.09.06252 BURLINGAME, September CALIFORNIA 6, 1988 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City HalI Council Chambers. The meeting was caIled to order at 7:33 p.m. by Mayor Frank J. Pagliaro, Jr. PLEDGE OF ALLEGIANCE TO THE FLAG Led by San Mateo Council Member PauI Gumbinger from the audience. ROLL CALL COUNC]LMEMBERS PRESENT: AMSTRUPI BARTON, LEMBI , MANGINI , PAGLIARO COUNCILMEMBERS ABSENT: NONE MINUTES Minutes of the ReguLar Meeting of August 15, 1988 vrere approved. APPEAL HEARING CONTINUED - VARIANCE FOR S]DE YARD FOR SECOND STORY ADDITION AT 2O].? EASTON DRIVE Mayor Pagliaro changed the order of the agenda in order to continuethis appeal at the request of the appellant. The applicant's attorney, David Carr, requested the continuance be to the meeting of October 3 rather than September 1,9 because the applicant \"rou]d not be available for the next meeting. Council- concurred. URGENCY ]NTERIM ORDINANCE 7372 - ESTABLISHING DECTINING HEIGHT ENVELOPE FOR R-1 AND R-2 ZONES - CONTINUED HEARING Mayor Pagliaro noted. this was a continuance of the public hearing on Ordinance 1368. He observed that council has several alternatives open to it; it can consider adopting an interim urgency ordinance to provide temporary limits on second story additions; adopt the proposed ordinance with the three amendments which were suggested at the Iast meeting, this would be effective in 30 days; deny the ordinance; or take no action. Councilwoman Barton noted that comments from the public at the last meeting were very helpful to council, she asked that Peop1e not repeat themselves at this hearing, Mayor Pagliaro said council had received a number of Letters which had been analyzed by staff and the ad hoc comnittee. The proposed ordinance includes the three items of concern di-scussed at the last meeting regarding sloping lots, dormer windows and homes built with more than three feet above grade. Council-man Lembi was concerned that homes built 4 to 5 feet above grade were adequately provided for in the ordinance. city Planner reviewed the provisions which address homes with finished floors above grade and noted it is not possible in an ordinance to provide for the most extreme circumstance, this is where variances would be considered. Mayor Pagliaro opened the public hearing. Speakers were Charles Voltz, 725 Vernoni Deborah Schrieber, 215 Bloomfield; William caplan, 1514 Granada; Richard Ames, 217 Stanley; John Morgan, 2720 Martinez; Terry Fibish, 2339 Adel-ine; Dorothy Cusick, l-716 Ralston; Jerry Deal, 1228 Palomai Shelly Caplan, 1514 Granadai Eric Hanson, 431 Bloomfield; Ken Castle, 1411 Drake; William Ritter, 519 Franciscoi Margaret Shea, 1269 Cortez; and Maureen Byrne, 1315 Bernal. The co[unents received included concern about requirements that horizontal extensions of existing first floor wal1s meet setback requirements; issue was not cause for 253 urgency ordinancei technical coflunents; should consider height, density and size compared to rest of neighborhood; should consider each addj-tion case by case; ordinance only considers the Tudorstyle, discriminates against smalI lots; consider Redwood City'sl/3--2/3 law which allows additions over first floor setback for 1/3of the side of a building; several complaints and slides of an addition on Arguello which blocked views; need to consider view lots as well as "flat land't lots; ordinance might preclude young people from coming to city because they could not add to smaller homes which are all they can afford; need grandfather clause for existing additions; need to notify neighbors of any additions; ordinance does nothing to reduce the bulk of an addition; several people supported having an architectural review board; this ordinance does not include R-3 additionsi one person had an addition next door which was supposed to be family room addition, but is now a rental unit. Mayor Pagliaro closed the public hearing. City Attorney reviewed the aLternative action available; an urgency ordinance would be effective for 45 days unless council held anotherpublic hearing to extend it to a maximum of one year. Councilwoman Barton noted something must be done immediately tocontrol additions and supported the need for an urgency ordinance. During the interim, council and the ad hoc committee could study the issue further. She moved to adopt URGENCY INTERIM oRDINANCE 1"372. The motion was seconded by Councilman Mangini. Councilman Lembi said he would support the Urgency Ordinance with the understanding that it could come back to council for furtherconsideration. He noted he would Iike to see an architect on the ad hoc committee and suggested Mike Nilmeyer, an architect who spoke at the last meeting, be appointed. Mr. Nilmeyer said he would bewilling to serve on the corunittee. Council discussed the membership of the corunittee, which included arealtor, Frank Contii a contractor/bui lder, Joe Harvey; and a designer, Jerry Deal . council- was agreeable to adding an architect. Mayor Pagliaro asked the public to send letters with any further conunents regarding this ordinance. Council then agreed to review the concerns of the ad hoc committee with them at the study meetj.ng on September 21. The Mayor remarked this study meeting is a public meeting, but not a public hearing. Comnents from the public would be accepted when the next public hearing is held. The motion to adopt the Urgency ordinance carried unanimously on aroll caII vote. Mayor Pagliaro noted this ordinance is effective immediately. Mayor Pagliaro decLared a recess at 9:07 p.m. The meeting reconvened with aII council members present at 9:27 p.m. DENIAL OF VARIANCE TO REAR SETBACK TO BUILD DECK AT 433 OCCIDENTAL City Planner reviewed her memo of August 30 in which she recommended council hold a public heari.ng and take action. The applicants, Donald and Pamela Asplund, are requesting a variance for a five footrear yard setback where l-5 feet is required to build a deck at therear of their house. A creek runs through the rear of their lot and the house is located at the edge of the top of the bank about 15feet from the rear property 1ine. They wish to build a deck offtheir dining room which would extend 10 feet over the creek tovrardthe rear property line. The Planning Commission voted to deny the variance without prejudice at its meeting of JuIy 11. They thoughta smaller deck could be designed with screening at the property line and they wished no footings be located in the creek. Mayor Pagliaro opened the public hearing. The applicants both spoke in favor, noting that the 10in shape, being triangular and they have no usable rea noted that they did not intend to have footings of deccity Planner stated that the only plan considered by t t isryakin heP unusualrd. They creek. lanning Commission was with footings in creek area, and that council should consider that plan only. Council could add condition that the deck by cantilevered on1y. A resident of 1615 Chapin spoke in favor. PauI Schumann, 1525 Bel-Ievue in Hillsborough, spoke in opposition.His Iot is at the rear of this property and would be impacted bythis deck bej-ng so close to his yard. He noted he had just recently received the material that the applicant had sent to council and apologized that he coul-d not submit written comments to councj-I. He then reviewed Asplundts letter and responded to certaj-n points. He thought the Asplunds could use the pie shaped area for yard. He urged denial. Mayor Pagliaro closed the public hearing. Council members were very concerned about building into the creek, knew of previous flooding at this site and would not vrant toobstruct the creek in any way. Discussed cantilevered deck versus footings in creek bed. Council-woman Barton moved to uphold the Planning Commissionts denial without prejudice, noting that a smaller deck could be designed andthe creek would not be obstructed if the deck were cantilevered. Seconded by councilman Mangini, carried 4-1 on roII call vote, Mayor Pagliaro voting no. SECOND READING - ADOPTION OF ORDINANCE 1370 - ESTABLISHING WASTE WAEER COTLECTION RATES AIiID CHARGES Director of Public Works reviewed his memo of September 1 in which he recommended council hold public hearing and adopt this ordinance establishing the sewer rates for 88-89 fiscal year, beginning with meter readings on or after October 1, 1988. EPA requirements arethat fees support the sewer operations. The rates are proposed to increase 23.6 percent for single family homes; commercial andindustrial would be increased 8.2 and 13.7 percent respectively. A eomparison with other cities shows Burlingame to have the lowestresidential rate. Mayor Pagliaro opened the public hearing. There being no comments, the hearing was closed. Councilman Mangini moved adoption of oRDINANCE L370. Seconded by Councilman Amstrup, carried unanimously by voice vote. SECOND READING - ADOPTION OF ORDfNANCE 1371 - ESTABLISHING TWO HOUR PARKING ON LORTON AND HOWARD -f Public Works Director reviewed the memo recommended council hold public hearingthis ordinance establishing several twoof one hour meters at Howard and LortonTraffic, Safety and Parking Commission. mechanisms of the meters would be about the Parking Fund. of August 8 which and take action to adopt hour parking meters in place as recommended by the The cost of replacing the $600 and would be charged to Mayor Pagliaro opened the public hearing. There being no corunents, the hearing was closed. Mayor Pagliaro said he could not support this change when there are Iong term parking lots so close to this corner. Councilman Mangini moved to adopt ORDINANCE 13?1. Seconded by Councilman funstrup, carried 4-1 by voice vote, Mayor Pagliaro voting no. 254 Mayor Pagliaro had visited the site and agreed that the Asplunds need deck, he had no problem approving this with condition that the deck be supported by cantilevers. Council discussed with Public Works Director the method of computingcostsi impact of drought and rationing on sewer chargesi Burlingamers use of summer and winter ratesi commercial andindustrial rates. 255 DENIAT OF PARCEL MAP FOR SUBDIVfSION OF LOT AT 1801 CARMELITA Director of Public Works reviewed the memo of August 31 which cur with the Planning Commission and approve and finarecommended councilthis map as a tentat n s Burrows, is proposin lots: Lot A is propo 5,108 sf. The exi.st would be built on Lo parcel map. The applicant, Loishis 13,761 square foot lot into two 53 sf and Lot B is proposed to be con ivegt sed ingtB o dividetobe8 house o. Sanch 1t 6 The applicant plans improvement cleaning and slope protection, the applicantts enginee Lot A would remain an Creek runs through tto the creek to inclu d a new house hese Iots. de general r indicated that the work would improve the flow through the creek. The proposed house floor vroul"d be eight feet above the 100 year flood elevation. Many Ietters and petitions have been received from neighbors in opposition to this lot division. Mayor Pagliaro asked for comments from the applicant. tois Burro\^rs, applicant, showed visuals of the site and responded to the petitions and letters. She stated she could demolish the house and divide the lot into two equal sized lots and build new larger homes, but prefers to keep the charming oId house. She revie$red code requirements for lots and noted all requirements are met. Her engineer, Charles Kavanaugh, spoke in favor and stated that planned improvements to the creek wouLd improve flow. carol Boes, attorney for Burrows, spoke in favor' She said approval of this lot division woul-d be fair and equitable; that the 1ot split meets all city code requirements. several neighbors spoke in opposition, noting the smal1 Iot is not compatible with the neighborhood, and there has been severe flooding and ponding at this site; 97 percent of Easton lots are largeri not compatible with creekside lots. Sa1ly Peters spoke in favor, supported restoring the old house. Mayor Pagliaro closed the floor to comments. Councilwoman Barton expressed great concern about these creeksidelots and wondered if council could see that creek area not be included in square footage of Iot size. city Attorney agreed council could change future requirements for creekside subdivisions. Barton felt that Lot l.-B was not compatible or in character with the neighborhood due to its small size. Councilman Amstrup agreed. Councilman Lembi complimented Burrows on her thorough presentation, but noted he also had problems with this subdivision, the Iot 1-B does not belong in this neighborhood, it just does not fit in, and he could not support it. Councilman Mangini and Mayor Pagliaro also agreed, complimenting Burrows on the restoration of the house at 18 01 carmelita. TENTATIVE AND FINAL PARCEL MAP FOR RESUBDIVISION AT 740-750 WALNUT Director of Public Works reviewed the memo of August 30 which recommended council concur with the Planning Comnission and approvethis map. The applicant is proposing to create three lots from tlvoIots by taking a small portion of the Iot at the rear of 750 Walnut, adding it to 740 walnut, and then dividing 740 into two 1ots. Lot sizes would be 10,387 sf for parcel 9-A, 12,638 sf for parcel 9-B (740 walnut) and 15,734 sf for parcel 10-A (750 walnut). The existing house and garage on parcels 9-A and 9-B would be removed. The Planning comnission reconunended eight conditions for approval,including an agreement with the Town of Hillsborough for adding a new connection to its sewer system, and if that approval cannot begranted the applicant must televise and repair the Burlingame sevrer main from 740 Walnut to Floribunda. Councilman Amstrup moved to deny the parcel map. Seconded by Councilwoman Barton, motion carried unanimously by ro11 call vote. Mayor Pagliaro declared a recess at 11:31 p.m. The meeting reconvened vrith all council members present at 11:35 p.m. 256 A representative of the applicant requested approval and responded to questions from council, he stated the applicant did not intend to remove all the trees and was agreeable to the conditions of approval. Several neighbors spoke in opposition; presenting petitions by neighbors in opposition, feared floodi-ng from the creeki want to lose all the trees on that lot; increase in trafficparking; feared building of very large houses. A san Bruno also spoke. Councilman Lembi asked who the property owner r^ras, staff replied BMI . Lembi wondered if this was the same developer that built three large houses at the corner of Cabrillo and Broadway, someone in the audience replied yes. Council members found that these large lots are compatible with the area; the issue of building near creeks was a concern and council agreed that this should be studied in the future, as far as the sizeof the houses, council can control that vrith the side setback ordinance recently passed and the declining height envelope which was passed tonight. Councilman Mangini moved to approve this Tentative and Final Parcel Map subject to conditions in staff report. Seconded by Council\roman Barton, carried unanimously by ro11 call vote. COMMf SSION TERM EXPIRATIONS Mayor Pagliaro reviewed the City Manager's memo of August 1? which noted four commissioner terms would expire on october 7; twopositions on Park and Recreation and two on Beautification' He suggested council establish September 26 as deadline for applications and noted that a Civil Service Commissioner, Herb Tanner, has asked to be considered for a Beautification position. Council concurred on the deadline date. a. RESOLUTION 89-88 - ESTABLISHING WATER CONSERVATION POLICY Public vlorks memo of August 23 recommended council approve this water Conservation Po1icy and Guidelines. we now require that developers install 1ow water use and drought resistant tandscaping. San Francisco water Department is calling on all its wholesale customers to develop water conservationguidellnes, their suggested guidelines have been reviewed and developed by our Park, Planning and Public works department to fit our needs. councilman Lembi clarified that these guidelines do not apply to single family homes. LETTER AMENDMENT TO AGREEMENT WITH C/REM FOR PENINSULA WATER MAIN DESIGN - CP 513 Public Works memo of August 30 recommended council approve these additional fees to C/REM in the amount of $10,085.36 for extra design efforts made for the first phase of this project. c. RESOLUTION 90-88 - AGREEMENT WfTH OWNERS OF 933 PALOMA FOR SEWER EASEMENT AND GARAGE ACCESS RESOLUTION 91-88 - AGREEMENT WITH BFI RECYCLING PROGRAM EOR WEEKLY CURBS]DE Finance Director's memo of August 25 recommended council approve this agreement to implement the weekly recycling program which will start in early 1989. b d s igneddid not and res ident CONSENT CALENDAR Public Works memo of August 30 recommended that council approve an agreement with the owners of 933 Paloma for a sewer easement and a ticense to the owners to continue maintaining an existing garage and vehicular access over the city storm drainage culvert . C. SPECIAL ENCROACiIMENT PEP.MIT FOR FENCE AT 846 PALOMA Public Works memo of August 25 recornmended council approve an encroachment permit for a 36 inch high picket fence adjacent to the sidewal-k with the standard conditions of removal from thecity right of way. f SETTLEMENT AUTHORITY FOR CLAIM OF CHERYL LEE KELLER City Attorney's memo of August 24 recommended council approve settlement of $7,811 for this claim and lawsuit for an accident on Airport Boulevard in 1985 lvhere a city employee rear ended a car in which Kel1er was a passenger. S. DENIAL OF CLAIMS: (1) HSIEN T. KING; (2) LEE THOMPSON; (3) RICHARD,RONALD AND FREDERICK TAN; (4) MARELICH MECHANICAL City Attorney's memos recommended denial of these claims for(L) sewer lateral repair; (2) auto damage by police car; (3) injuries suffered at the hands of police; (4) damage due to not awarding this company the contract for CP 502. Councilwoman Barton moved approval of the consent Calendar. Seconded by councilman Mangini, carried unanimously by voice vote . Mayor Pagfiaro stated that both he and Councilman Mangini had been approached during a recess tonight to inquire if a home owner could also be appointed to the ad hoc coNnittee studying the declining height issue. After brief discussion, council determined to make no more additions to this comnittee. NEW BUSINESS Mayor PagLiaro scheduled a public hearing for September 19 for an appeal of variance at 468 Bloomfield Road. ACKNOWLEDGMENTS commission Minutes: Beautification, August 4; and Planning, August 22, 7988. b. Letter from Lula ossipoff regarding denial of her cl-aim, Council determined to take no action on this request for recon-sideration of the denial. Letter from Bay Area Water Users regarding water conservation , Po1ice Report, July 1988. Letter from San Mateo county Labor Council requesting support of cal oSHA. f. Treasurerrs Report, July 31, 1988. FROM THE FLOOR Director of Public Works responded to Council-woman Bartonrs inquiry about a business being closed because the water was turned off aII day. He reviewed that the city is in the process of installing new water meters and the water must be turned offduring installation which generally takes an hour or so. Businesses are told the day of the shut down in advance, then the exact time is told to them during the day. The water is not off a ,I e 257 OLD BUSINESS Councilman Amstrup noted another encroachment permit for a picket fence on tonight's agenda, He requested that the issue ofliabilj.ty for these fences on city property be studied in thefuture. Mayor Pagliaro set for the october Study Meeting. 258 all day. The contractor works as quickly as he can to restorethe service. CLOSED SESSION Council adjourned to a Closed Session regarding labornegotiations at 12:23 p.m. ADJOURNI4ENT The meeting was regularly adjourned at 12:28 p.m. Judith A. Ma1faCity C1erk ]-