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HomeMy WebLinkAboutMin - CC - 1988.10.03266 BURLINGAME, CALIFORNIA October 3, 198 8 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council vrasheld on the above date in the City HaII Council Chambers. The meeting was called to order at 7:33 p.m. by Mayor Frank J. Pagliaro,Jr. PLEDGE OF ALLEGIANCE TO THE FLAG Led by the City of San Mateo Council-man Paul Gumbinger. ROLL CALL COUNCfLMEMBERS PRESENT: COUNCILMEMBERS ABSENT: MINUTES AMSTRUP, BARTON, LEMBI , PAGLIARO MANGINI (vacation ) Minutes of the Regular Meeting of September 19, and the Study Meeting of September 27, 1988 were approved. PRESENTATION OF PROCLAMATION FOR IIMATH-A-THONII WEEK Mayor Pagliaro read the proclamatj-on for "Math-A-Thont' \4reek, October10-14, 1988 and Suzette Tolifson of the Burlingame Elementary Schools thanked council for its support. APPEAL OF VARIANCE FROM SIDE YARD SETBACK FOR AN ADDITION AT 2017 EASTON DRIVE - APPROVED City Planner reviewed her memo of September 30 in which she recommended council hold public hearing and take action. Steve Karpis requesting a variance to the side setback requirements so that he can make an addition to tEaston. The first floorsetback. The lot is oddl and an 82.5 foot front pr takes the average of therequired side setback; th setback is therefore sevefor the second floor. Th ond floor of the house at 2017 house has a 3 foot 10 inch side ed with a 50 foot rear property lineIine. In such a case, the city and rear lot Iines to determine the age is 66 feet and the required sidefor the first floor and eight feeticant wishes to build the second he secof they shap opertyfront n foote applfloor over the existing first floor wa11 arequired). The Planning Commission voted e aver t 3 foot 10 inches (8 feetto approve this varianceat its meeting of JuIy 25, 1988. A neighbor, Michael Sexton, has appealed the approval. Mayor Pagliaro questioned the size of any eave overhang. Mayor Pagliaro opened the public hearing. David Carr, attorney representing the property owner, noted that theapplicant is not opposing at this time the city's interpretation ofa code section; 60 percent of the Iot is 50 feet wide and most ofthe house is within that 50 foot \"ridth portion of the lot. The neighbors $rho were concerned about the aviary can rest assured thatthe birds have been moved to another site. The second storyconstruction will be toward the rear of the house, not over thegarage. A number of homes in that neighborhood have second stories. The side setback variance is adjacent to the neighbor's driveway, soit will not shado$, that neighbor's home. Architect PauI Gumbinger responded to the Mayor's question regarding eave overhangs which aretwo feet, noting they would cut them back to UBC and/or zoning requirements. Michael Sexton, 2013 Easton, expressed his concerns that thisaddition would shadow his property and shut off afternoon sun. Henoted the lot is large and the proposed project is very Iarge, it 267 would be no hardship to obey the city's eight foot side setback requirement . Mayor Pagliaro closed the public hearing. Council discussed the aviaries with applicant;the two story aviary has been eliminated, there is a one story aviary on the other side from Mr. sextonrs property. Councilman tembi moved to uphold the Planning Commissionts approval of the variance with the conditions in staff report and the additional conditions that the two story aviary be removed and the eave overhang be no greater than one foot three inches. He noted that any change in a neighborhood will have an impact, but this oneis in character \"rith other homes, many of which have second stories. Seconded by Councilman Amstrup. Councilwoman Barton noted that she understood the concerns of Mr. Sexton but since the addition will be next to his driveway, she felt it would be separated from his house and not affect his house. The motion carried 4-0 on ro11 calL vote, councilman Mangini absent. DENIAT OF TWO VARIANCES FOR SECOND STORY ADDITfON AT 1365 DESOTO City Planner reviewed her memo of September 30 in which she recommended council hotd a public hearing and take action. The applicants, John and Carol Fraher, are requesting two variances to make a two bedroom, thro bath second storY addition to their house. A parking variance is required because the number of bedrooms will increase from three to four without a second off street parking stal1 . The applicants propose to retain the existing 19 by 13 foot wide garage, where a 20 by 20 foot garage is required. A side setbaek variance is needed because the new second floor addition $riII be extended to the existing waII of the garage next to the house. The existing garage is built on the property Iine. The Planning Commission denied the variances at its meeting of September 1"2, 1988. The applicant then appealed to council. Mayor Pagliaro asked the City Attorney to explain to applicant theeffect of a tie vote. city Attorney noted it requires three votesof council to approve or deny; if there were a 2-2 t].e vote, the Planning Commission decision would prevail. Mayor Pagliaro opened the public hearing. John Fraher, applicant, requested approval; building a two car garage would use most of back yard; it would be built too close toutility lines and cause the removal of a large 56 inch diametertreei he discussed a drainage problem he experienced from an easement at the rear of his property where he has installed a sump,putting the garage there would obstruct the water flow; he has a J-ong driveway lvhich will accommodate five cars; he could consider changing plans from four bedrooms to three bedrooms and a den. CounciL questioned why he wished to build using the waII of the oId garage; Fraher responded that a structural engineer said it would add to stability of structures; if he did not build on the shared1it would reduce the size of the master bedroom upstairs because our foot separation is required. Councilman Lembi thought thisject \"ras similar to others council had approved, he had no blem approving it. Mayor Pagliaro agreed and noted due to the g driveway, the parking variance was no problem. Mayor Pagliaro closed the public hearing. Council discussed alternatives such as not using the garage wall; the new structure would have to be 4 feet from the garage; staff noted the applicant would sti1l need a parking variance but would eliminate the side setback variance; most thought this project could be redesigned. councilman Amstrup had a problem with the applicant using the non- conforming garage wall, he moved to deny the request without waIaf pro pro lon prejudice in order for the applicant to redesign the project and eliminate the use of the garage waI1. Mayor Pagliaro and Councilman Lembi noted that although they had no objections to the variances,with the denial without prejudice the applicant can redesign and come back in a short time. Seconded by Councilwoman Barton, carried 4-0 on ro11 call vote. APPEAL OF SIGN EXCEPTION AT 1649 ADRIAN ROAD - DENIED City Planner reviewed recommended council ho Incorporated is requesinch high pole sign wh of September 22 La which she hearing and take action. cood cuys,gn exception to allow a 35 feet 10feet high pole sign is allowed. They in place; General Electric removed n they left the site. The Planningat its September l-2 meeting, notings in the area were installed before cE sign was installed in 1959. he 1dri er r memopublicngasie a 20 31.5 feet high poles are alreadtheir sign from these pol-es whe Commission denied this requestthat the other over height signthe sign code was adopted; the Mayor Pagliaro opened the public hearing. creg Steele of Good cuys requested approval; granting an exception would not be special privilege; other businesses in the area have high signs; the proposed sign is much smaller than the GE sign; thesign faces the freeway and is needed for identification. Mayor Pagliaro closed the public hearing. Councilwoman Barton moved to uphold the Planning Commission, noting she could see no xeason to make an exception to the sign ordinance. Councilman Lembi seconded the motion, stating there would be no hardship to the applicant to meet city requirementsi he could have a 20 foot pole sign. The motion carried 4-0 on voice vote. APPEAL OF SPECfAL PERMIT FOR CAR RENTAL AGENCY AT 820 MALCOLM ROAD RESOTUTION 95-88 APPROVING SAME City Planner reviewed her memo of September 23 in which she recommended council hold public hearing and take action. American International Rent-A-car is requesting a special permit to operate a L00 car fleet operation at 820 Malcolm Road. This site waspreviously used as office space by a credit union. The applicant proposes to have 21 employees, 14 on site from 8:00 a.m. to 5:00 p.m. and 7 on site from 5:00 p.m. to midnight. The applicant wishesto be approved for 24 hour operation, because he anticipates that withj-n five years he will be operating at that level. of the 7,560 square foot office building on the site, 70 percent will be converted to light auto maintenance and detailing, and the rest would be office area. Cars will be gassed at a local gas station. They would provide parking for employees, customers and rental fleet on sitei and will provide airport shuttle. City Planner acknowledged six letters in opposition to the special permit received after the preparation of staff report. Councilman Lembi noted that one of these Ietters stated they were not notified of the hearing. City Attorney reviewed that law requires that the property owner be notified, the city uses the county Assessors Tax Rolls to determine the property owner. Tenants are not notified unless they are also the property o\"rner. Mayor Pagliaro stated he represents one of the parties, Joseph GeIIer, who wrote a letter in opposition. He declared a recess at 8:35 p.m, while he discussed this with City Attorney. The meeting reconvened with four council members present at 8:37 p.m. Mayor Pagliaro stated he would abstain from the discussion and abstain from voting on this matter. He informed the applicant that they would need a unanimous 3-0 vote for approval. He turned the meeting over to Vice Mayor Amstrup who opened the public hearing. George Corey, attorney representj.ng the applicant, revie\"red that the applicant first came to the city for a traffic all-ocation, but was informed that they did not need one because the car rental business would generate less traffic than the office building that was previously on the site. They are a very small operation; would 268 269 never use an auto transport truck or trailer to bring cars to the site. They are providing ample parking and should always have excess parking space available; they agreed to plant trees to make the site more attractive; as far as traffic safety the volume of traffic at the site will be reduced with this business. DECLINING HEIGHT ENVELOPE city Attorney reviewed his memo of September 26 ln which he recommended council adopt an extension to oRDINANCE 7372 after a public hearing in order to give council addition time to study modifications to the ordinance establishing a declining height envelope in the R-1 and R-2 districts. This extension wiII be until December 10, 1988. Mayor Pagliaro opened the public hearing. There being no comments, the hearing was closed. Councilman Amstrup moved adoption of INTERIM oRDINANCE 1373. Seconded by councilwoman Barton, carried unanimously 4-0 by voice vote . REVIEVI OF THE CLAIM OF HSIEN T. KING city Attorney reviewed his memo of september recommended council uphold its previous deniarepair to a sewer lateral. Mr. Kin due to sewer blockages. The offend some years ago was a maple tree; th roots must have a hole through whic 23 in which he1of this claim for aims in 1977 and 19?9 ree which \,ras removed gf ingePhr iled cIcity t ark Director o enter sewer stated that mapleIine, thereforenot responsible.King's line must have been faulty and the city $ras Councilwoman Barton approved of the denial. Councilman Lembi said since the city had cleared the site several times, he favored some compensation to Mr. King. Councilman Amstrup said the city c go back that many years, he favored denial. Mayor Pagliaro a that city trees are the cityts responsibility, but since the Director says the maple tree does not invade sewer Ij-nes unle there is a break or hoIe, he supported the denial; he suggested council study the responsibility of tree damage. city Attorney noted that council has already denied the cIaim, so no further action is needed. Mayor Pagliaro granted Mr. King an opportunity to speak briefly. COMMISSIONER TERM EXPf RATIONS Mayor Pagliaro reviewed the City Manager's memo of September 25 which recommended council schedule interviews for the Park and Recreation Comrnission and the Beautification commission and also set a deadline for applications to Civil Service Commission and Traffic, Safety and Parking Commission. The usual interview teams for Park and Recreation are Amstrup/Pagliaro. Mayor Pagliaro and Councilman Amstrup agreed to interview applicants prior to the next meeting on october 77 at 7:00 p.m. an not greed Park ss Councilman Amstrup inquired if they would agree to a condition that there be no auto transport trucks or trailers used by this business. corey was agreeable to that condition; he reviewed that maintenance on the site was minor, such as changing Iights and washing cars. Councilwoman Barton asked if he was agreeable to another conditionthat no body work be done on site. He agreed. Vice Mayor Amstrup closed the public hearing. Councilman Lembi moved to adopt RESoLUTfoN 95-88 and to uphold the Planning Commission approval with conditions of staff report including the two added following the Planning Commission action regarding additional landscaping and fencing and use of auto transport trucks and that no body work be done on this site. Seconded by Councitwoman Barton, carried 3-0 by roII caII vote, Mayor Pagliaro abstaining and Councilman Mangini absent. INTERIM ORDINANCE 1373 - EXTENDING ORDINANCE 1372 - ESTABLISHING A 270 Council observed that CiviI Service Commissioner Tanner has expressed an interest in serving on the Beautification Commission. Mayor Pagliaro set November 2 as the deadline for applications tothe Civil Service, and the Traffic, Safety and Parking Commissions. TSPC RECOMMENDATION TO MOVE YELLOW ZONE Direetor of Public Works reviewed the Pub1ic works memo of September 27 which recommended council review the recommendation of theTraffic, Safety and Parking Commission to relocate the yellow zone on Lorton Avenue opposite Donnel1y, and change parking spaces. In March 1988 the TSPC recommended installing the yellow zone togetherwith a gain of two parking spaces which was made possible byrelocating a fire hydrant. A business owner in the area has requested that the ye11ow zone be moved from 340 Lorton to 320Lorton. TSPC concurred and recommends to council that the zone be moved. Staff noted that there would be the loss of one parking space, as well as meter revenue. CONTROL OF SECOND STORY ADDITIONS ON HILLSIDE LOTS City Attorney reviewed his memo of September 28 in which he requested council direction on control of second story additions onhillside lots which block views of neighbors. A recent second story addition in the Mills Estates area has blocked views of adjacent neighbors and there has been interest expressed in controlling that kind of construction. The "covenants and Restrictions,r' which were recorded with the MiIIs Estates subdivision, expired in 1982. Theserestrictions prohibited second story additions except for a few designated lots. He proposed an interim ordinance which would provj-de that any second story addition in areas designated for 7,000 square foot minimum lots would be required to go through a proeedure similar to that required for minor modifications. The city Planner would review the proposal and would notify owners of adjacentproperties of the proposed addition. If they wished they could request a public review of the project. Council- was concerned about additional work for the Planning Department. City Planner agreed this proposal might work for a l-imited time period but she did not like to see this as a long termsolution. Council discussed at length, council could adopt an urgency ordinance tonight (urgency ordinance would be for 45 days),or direct city Attorney to draft an interim ordinance and notice apublic hearing for the next meeting. councilman Lembi suggested the ad hoc committee might also study this issue, he would like some guidelines before any adoption of ordinance; council wanted neighbors to be a$rare of these additions; staff suggested a procedure such as minor modification which would notify neighbors and members of Planning Commission and council who can call them upfor revj.ew if they see cause. Council directed city Attorney todraft an interim ordinance for the next meeting. CONTROL OF DEVELOPMENT ON CREEKS city Attorney reviewed his memo of September 28 in which he requested council direction. At a recent study meeting council dj-scussed control of development along creeks and protecting the natural creek and existing vegetative cover. Some of council-'s concerns were the subdivision of existing l-ots using creek area, development within creek area, and flow improvements in creeks which destroy natural conditions. He suggested council consider that the area subject to a 100 year flow level be excluded from computing the subdividable area, that any structures over or in the 100 year flood area be prohibited and that channeling or culverting of creeks be The usual team for Beautification is Lembi/Mangini. Councilwoman Barton offered to substitute for Councilman Mangini. She and CounciLman Lembi will also interview on October 77 aL 7:00 p.m. Council did not favor moving this ye11ow zone. Councilwoman Barton moved to deny this recommendation. Seconded by Councilman Amstrup, carried unanimously by voice vote. 271 b allowed onl-y if the city Engineer agrees that it is necessary for the protection of the property and for public health and safety. Councilwoman Barton wondered if there were some federal or state laws that control the creek areas since this is an environmentalissue. The creek areas are open space, natural areas. Council discussed at length with staff; city Attorney stated some cities have developed ordinances along this line; anything built within a creek will affect the flow; Mayor Pagliaro asked city Attorney toinquire other cities' laws and report back at the next meeting with a proposed interim ordinance for council consideration. CANCELTATION OF STUDY MEETING Mayor Pagliaro indicated he was unavailable for the october studymeeting. City Manager suggested council cancel that meeting sinceonly three council members would be present. Council concurred. CONSENT CALENDAR Mayor Pagliaro requested discussion of item 'r9." He was concernedthat any building projections into the city right-of-way be conditioned to require that a structural engineer submit design for anchoring the GFRC to building face. a INTRODUCTION OF ORDINANCE 1374 - REZONING FOUR PARCELS FROM M.1 (L]GHT INDUSTRIAL) TO C.4 (WATERFRONT COMMERCIAT) City Planner's memo of September 28 recommended council approve an ordinance to rezone four parcels to improve consistency between the general plan designation and the zoning of theHyatt Hotel at L333 Bayshore, 1299 Bayshore office building,the Sheraton Hotel at 7777 Airport and 350 Beach Road (drive-intheater). The Planning Commission unanimously approved recommending this rezoning to council. RESOLUTTON 96-88 - ACCEPTING COMPLETION OF 1988 STREET RESURFACING - CP 720 city Engineerrs memo of September 27 recommended council accept completion of the roadway improvements by OrGrady Paving in the amount of $245,141. c WARRANTS AND PAYROLL City Accountant reconunended approval of Warrants 41320-41777,duly audited, in the amount of $1,070,394.06 and Payroll Checks 86005-86757 for the month of August 1988 in the amount of $77 4 ,266 .7 8 . d. ENCROACHMENT PERMIT FOR BRICK FENCE AT ].05 PEPPER AVENUE City Engineer's memo of September 22 recommended council approve this permit !,rith standard conditions. e. ENCROACHMENT PERMIT FOR BR]CK,/ IRON FENCE AT 110 ARUNDEL City Engineerrs memo of September 22 recommended council approve this permit subject to standard conditions. f. ENCROACHMENT PERMIT FOR PLANTER/RAMP AT ].100 CAROLAN City Engineer's memo of September 28 recommended council approve this permit to install a pl-anter area and door rampssubject to standard conditions and (1) landscaping andirrigation be approved by city using current water conservationguidelines; and (2) the width of planter be five feet maximum and shortened to the width required by the maximum ramp slope. ENCROACIIMENT PERMfT FOR WALL FACING/LA}IDSCAPING, 1O7O BROADWAY city Engineerrs memo of September 28 recommended council approve this permit to install decoratj.ve concrete and steelfacing encroaching fifteen inches into the sidewalk area and 272 require that landscaping be provided and the additional condition by Mayor Pagliaro that a structural engineer submit report on method of anchoring the cFRc to the building face. h. NEGOT IATED AGREEMENT WITH DEPARTMENT HEADS AND UNREPRESENTED city Managerts memo of September 21 recommended council approvethis negotiated agreement with the eight department heads and three unrepresented employees, which includes 5 percent salary adjustments for each of two years. L.DENIAL OF CLAIM: MARIE FTORES city Attorney recommended denial of this claim for falling on sidewalk. Councilman Amstrup moved approval of the Consent Calendar. by Councilman Lembi, carried unanimously by voice vote. seconded NEW BUSINESS Councilman Amstrup complimented the Park and Recreation Commission on pursuing the issue of volleybalI in the parks. He also wanted the people responsible for the excetlent city employee barbeque and the city golf tournament to be commended. Councilman Lembi lvanted congratulations sent on the successful Burlingame Days by the Bay; but he hoped it could be moved back to Washington Park. Council discussed the letter from Roseann Mirosnkoff regarding the crosswalk on oak Grove. Director reviewed the TSPC recommendation is that children cross oak Grove at EI Camino where there is a crossing guard on duty. Councilwoman Barton noted that there are three crosswalks at that area, Director of Public Works wilL investigate as he thought there were two. Mayor Pagliaro reviewed the traffic pattern required for pick up of children at that school; he asked that the Director of Public works review the matter. Mayor Pagliaro calIed up the Planning Commission action for council review of the Crowne Plaza HoteI project and scheduled a public hearing for october 17. REVIEW OF CROWNE PLAZA HOTEL PROJECT ACKNOWLEDGMENTS Commission Mi-nutes: Library Board, SePtember 20; Park and Recreation, September 12; and Planning, September 25, 1988. a b Letter from James Yawn lIf lots. regarding development of creekside Letter requesting endorsement of Measure 1, Increase. Bridge To11 d. tetter requestinq regulation of number of cats in a home. Mayor Pagliaro agreed with this lady. Council directed that City Attorney prepare an ordinance to limit the number of cats to three. e. Letter from Roseann Mirosnkoff regarding oak Grove crosswal-k. MTC TRANSPORTAT ION AWARD TO MAYOR PAGLIARO Mayor Pagliaro thanked council for nominating him for the MTc Transportation Award. He recently received the award. OLD BUSINESS Councilman Amstrup commented on the repair of the Broadway Arch sign which is not working properly. City Manager noted that the repair company wiII correct this at no cost to city. 273 FROM THE FLOOR James Yawn reviewed the need for regulation of creekside developments; buildinq in creeks can change the f1o$, and cause flooding; he wished council had adopted an urgency ordinance tonightto prohibit building in creeks; he said the residents are concerned. ADJOURNMENT The meeting was regularly adjourned at 9:47 p.m. Judith A. Malfat City clerk I I