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HomeMy WebLinkAboutMin - CC - 1981.09.21268 BURLINGAME, CALIFORNIA September 2l , 198), A regul-ar meeting of the Burlingameabove date in the City Ha1I Councilto order at 8:05P.M. by Mayor Victor CALL TO ORDER COUNCIL MEMBERS ABSENT: MINUTES Minutes of the and adopted. City Council was hel-d on theChambers. Meeting r.ras ca1ledA. Mangini. PLEDGE OF ALLEGIANCE Led by Alfred J. Palmer, police Chief. ROLL CALL COUNCIL MEMBERS PRESENT:BARTON, CROSBY, MANGINI, MARTIN AMSTRUP (Vacation) regul-ar meeting of September 8, f981 were approved HEARING, APPEAL OF FOR 728/730 LAUREL PLANNING COMMISSION DENIAL OF SPECIAL PERMIT AVENUE, MR. AND MRS. DONALD CORY City Planner reviewed her report of 9/21/gL. She reviewed historyof this application which was considered by the planning Commissiontwice and is being considered by the Council for the seiond time. She noted change by the Corys from original application of 1,637 SF garagelworkshop with storage area of 8f0 SF, 16' high lo garage/ workshop of 1,033 SF, 14' high - which complies with code re-quirements - with storage area of 390 SF, She further noted thatthe Corys have now agreed to reduce size of structure to 998 SF in compli-ance with Fire Departmentrs request and planning staff'sconditions. She stated City Engineer had no comment on this p1an,fire marshall specified building under 1,000 SF and compliancewith fire code; planning staff recommended approval of this permitwith these two condiitions. She reported the planning Commission'sconcern with phasing of the project with the remodeling of the twoduplexes which will requj-re the addition of two more offstreetparking spaces in addition to the three proposed. Mayor Mangini opened public hearing. Mrs. certrude Cory addressed Council. She spoke of their drastic U€fiE8ifi E-*qi{€e"€8" :df f"i€fl .s€!fl Et ost ance Bo h n f" ItF" Ffi 8ifi 6hi 6€ducl8,s .E 8"!8"ereo sne ano ner nusband _nact 30' done their asked for a to cooperate wit at rebuttaf of utm ch all City departments, and egative comments. The following people spoke in favor of the project: Gabe Friel, 740 Laurel; Rita Brown, 746 Laureli Josie Friel, 740Laureli Mrs. Thomas But1er, 732 Laurel-. t Their comments included: The Corys are honorable, dependable people; they are withj-n theirlega1 rights to plan a retirement project, parking will be addedto help an overcrowded street; they have greatly improved theirresidence at 800 Maplei they would eventual-fy live on theproperty and do not have enough storage space. Speaking against the proj ect : James Waldron, 735 Winchestert Phillip DeRosa, 731 Winchester; Stan Solo, 739 Winchester. .tJoooc 'ftFlo oE.{J ,.lErd od a ,r,o U).Q ofthui. comments: There could be a business established in this!'!Uuitaing; the workshop is objectionable because of possible !+tnoise; must keep rental- units out of this area; this building wj-1liroset a precedent for other large lotsi what will happen if the ..! $corys sell it? o]U.' qJ gln rebuttal, Mrs. Cory reaffirmed their rights to have a work-'a';shop in a retirement home. She stated that if they couldEfinot be allowed this special permit there was a chance they wouJ-dirf use the porperty as an investment and Iegally coul_d build a $ fimuch Larger and higher duplex which the neighborhood might find , r flor€ obj ectionable. o> fi!ttrere were no further comments and the public hearing was b,C) declared closed. ..r 0J d 0) S t t gf In response to questions from Councilman Crosby staff stated that'I ,5d- criteria for storage area variance is more than 5OO SF, more than.ot_q6800 SF, or more than 108 of area of the primary structure, They ,SESlalso stated no business allowed by code in the-R-2 area.tr (U OrjOO C.Fl -A= .-uiCouncil-man Crosby stated that as far as he was concerned there $ Pfifllwoufd never be a-business in a residential area, and he did not H: g o consider it a valid argument that this structure shoul-d not bed I E :oall-owed because there might be a possibility of this.o o{Jtrtr N t-l Fl (d- il 3; -Councilwoman Barton question the legality of adding on to the h;: HSi qr duplex and was informed by City planner it could be done, although E.H'"fionIy two units would be allowed.rl .tJ qn lJ o.i O <-Co+ --o*'- Councifman Martin received confirmation that it would be possible toq ! !'!f trave a 2-car garage on the rear of the lot, 4OO SF added to the 5 . I o.tJ house, and there would be no var j-ance requirement. .tJ (J rdOO E! ! $"t"t"y"r Mangini was concerned about the phasing in of the project, "€.'il3H9.y": informed by staff rhar alrhough toral plan could Ue !ul_ I ll g rimitted-and a building permit issued, there is no r^ray to forcer-i i i"isomebody to do all of the construction. councilwoman Barton statedg, ",fl lrthat the reason for the accessory building code is because of sollluimany abuses in the past; that she did not feel anybody has a right E ?.5 Suao _build _anvthing thev want on a piece or p.opeily-rhe city ha$.a .q R:"ocode; and that the Pfanning Commission tras:right -in its denial. .She..r..i 6.rsmov€d that the Planning commission denial be upheld. The motion! o !rSfai-rdd for want of a secohd., o om! o.p rr'r- ocoLrncr- lman Martin moved that the planning commission decisi-on beoverruled and that speciar permit-be appioved r,rith the concitionsspecified +n gity planner,s report ot -OJZyet, plus conditionsplaced on it by various departments with exceptlo., trrut the speci-fication of type of one hour walf be changed Lo be as specrtrla-inthe buildinq_code. second by councirmil 6;;=;t.- Motion carried. onfollowing ro1l calI vote: Eoid I6 ..{ O trco.lJ .-i '.H..1 A !.q! .d ,qd!]-J '.Jodtr O 'l-l..r!traaooo ..r oOo.dosBoOo.rJtr ..{ AYES: NAYES: AB SENT : COUNCILMEMBERS: COI]NCILMEMBERS : COUNCILMEMBERS: CROSBY, MANGINI,MAR?IN BARTON AMSTRI]P HEARING, APPEAL AT 132 8 MARSTEN OF PLANNING COMMISSION DENIAL OF' SPECIAI PERI.{IT ROAD BY TROPTCAL RENT-A-CAR City Pfanner reviewed her report of 9/21/gl which related thePlanning Commission denial- based on their concerns about on-sitevehicle parking and historic City policy of locating car rentalagencies on the east side of the freeway. She notea that mostcar rental- agencies are located in the M-L zone, there were noobjections to proposat from the property owner and two neighbors,the r:oadway access is good at this localion, and the site ippearsto be more than adequate for offstre&. parking for fleet and- em-ployees. PLanning staff recorunended with thiee conditions: 1. siteimprovements and code compliances as specified by City Engineer,Chief Building Inspector and Fire Marsha1. 2. Work lerf5rmed. onthe site conform to applicant,s letter of. g/11/gl . 3. Review ofcondition compliance in one year. 269 t I 270 Lage Anderson, attorney for the applicant, introduced Don Coder, acting marketing sales director for the mainland. Mr. Coder addressed Council on the quality of the firm's operation. He pointed out that this company is interested in making a move to the Mainland from its operations in Hawaii, that it works in cooperation with travel agents and airlines on a "fIy-drive" program with inexpensive rates and new cars, and that it r^,ants to be involved in community affairs. The company will be writing alt its contracts on the location site, hence all sales tax will come to Burlingame. There is no intention of having a representa- tive in the airport. He questioned the opposition to focation on the \^/est side of the freeway since the site is near Millbrae on a dead-end street and traffic is minimal . with regard to precedent, he noted two other rental car agencies are already there. Mr. Anderson addressed Council, stressing that applj-cation was recommended for approval by the Planning staff; there is over 20,000 SF of parking, with shuttle bus service to and from the airport; there is plenty of site room for loading and unloading vehicles. He noted that agencies near the airport add to the traffic, and pointed out this business would add to sales tax revenues and tocal employment. He projected sales tax revenues at the beginning as $15,000 per year' Henry Bostwick, vice president, San Mateo Development Association, urged Councit to approve the application, as did Dick Schroeder, owier of the adjacent building. Miss Paula Craig, airlines em- ployee family, recommended the agency. Mr. Aniierson tott Council the company was willing to comply with conditions specified by the Planning Department. There were clos ed. NAYES: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEIV1BERS: no further comments and the public hearing was declared In response to questj-on from Councilman Martin, Director of Public works stated he saw no traffic problems. Councilman Crosby questioned if there were actualfy a keeping rental car agencies on the other side of the attorney replied he knew of none except that it might of assumption ' discussions about discouragj-ng them City policy of freeway. Ci ty be a matter keep ing from primeCouncil-woman Barton noted many Council these agencies in one area of town and M-I l-and. AYES : Mayor Mangini suggested this was "attitude" rather than "polj-cy" siirce car - rental - igencies impacted streets and brought in littIe revenue. tte thought Tropical's offer of community involvement interesting. Councilman Martin said Council comments in car rental agencies were not wanted in the going to be anywhere he woutd prefer them it was not prime M-1 land and might be an is there now. Councilman Martin moved that the Planning Commission be overruled and the speciat permit application be approved s"biq9! .to con- ditions estrblist"d in the City Planner's memo of 9/2I/8L, and the conditions that aI1 rental agreements for the use of the cars be written at this site and that at least 808 of the cars be licensed in Burlingame within one year of the date the original license is issued. Second by Counci-tman Crosby, carried on following rol l- call vote: the past had been that City, but if they were in this location s ince improvement over what ABSENT: CROSBY, MANGINI,MARTIN BARTON AMSTRUP HEARING, APPEAI AT 1640 GILBRETH OF PLANNING COMMISSION DENIAL OF SIGN EXCEPTION ROAD BY TONY CONSUL OF ADARTI t 27L By letter of September 17,for appeal hearing. 1981, Mr. Consul withdrew this request ENTERTAINMENT PERMITS 1. GOLDIES SAIOON, 241 CALIFORNIA DRIVE Report of August 14, 1981 from Servj-ces Bureau Supervisor ofPolice Department listed no negatj.ve corunents on this establishment. Councilman Crosby moved entertainment permit be approved for oneyear, second by Councilman Martin, carried. unanimously by memberspresent. 2. SLY FOX RESTAURANT, 1419 BURIINGAME AVENUE Report of 8/25/8L from PoIice Services Bureau Supervisor reportedthree calls for service at this establishment since report of3/12/8I. Pofice report recommended renewal of permit for six months . Councilwoman Barton commented she had received. complaints from merchants in the Fox MaI1 regarding vandaLism and suggestions itmight be caused by patrons of the S1y Fox. Ken Skinner, owner of the Sly Fox, dlsavowed his patrons were responsible merely because the vandalism occurred when his wasthe only establishment open. He asked if it were possible to geta permit for longer than six months. Police Chief reported that recorunendations for shorter periods of time h,ere ordinarily given for purpose of review whenincidents have been reported. Councilman Crosby moved. approvalfor six montirsrsecond by Councilwoman Bartonrcarrj-ed unanimously. SPECTAL ENCROACHMENT PERMIT - FOX MALL, 1419 BURLINGAME AVENUE Director of Public Works submitted his report of 9/15/81 on Fox Mall and other establi.shments which have encroachmentpermits. He requested that discussion be delayed to next Council meetj-ng so that owner of Fox MalI could be notified and present. Mayor Mangini postponed discussion to the Council meeting ofto/s/8r- O RD I NANCES HEARING ORDINANCE NO. 1212 - "ORDINANCE REMOVING TWO HOUR PARKING LIMITS rOR RIIINETTE AND JUANITA AVENUES '' Mayor Mangin.i opene were no comments an d public d public hearing on hearing was ordinance No. l-212 passed its second this ordinance. There decfared closed. reading and was adopted on by Councilman Martin, carried onpresent. motion of unanimous Councilman Crosby, secondroff call vote of members ORDINANCE NO. 1213 - "EXTENDING URGENCY INTERIM ORDINANCE IMPOSING A MORATORIUM ON PERMITS FOR NEW CONSTRUCTION IN THE BURLINGAME AVENUE OFF-STREET PARKTNG DISTRICTII City Attorney explained this 60 day extension of the present urgency ordinance is necessary to have sufficient tj.me to discuss and implement the or:dinance establishing regulationsfor Burlingame Avenue Commercial Area and Automobile Row. Council requested that this be changed to a 90 day extension. Mayor Mangini opened public hearing. There was no the public hearing was declared closed. ordinance No. 1213 comment and o Counc man ros passed its reading and was adopted on motiony, second by Councilman Martin, carried on unanimous ro11 call vote of members present. INTRODUCTION: ORDINANCE NO. 1214 "AN ORDINANCE ESTABLISHING BURLINGAME AVENUE COMMERCIAL AREA, AUTO ROW AREA, AND REGULATIONS TH EREEOR " 272 City Attorney specifically noted that buildings destroyed by catastrophe or major disaster could be rebuilt with prior use andparking, even j-f buildings were non-conforming at the time of thedisaster. He told Council a major issue was when a non-conforming use is terminated. The Planning Commission did not have a con- census on this subject, and hence he had shown alternate languagein parentheses in the ordinance so that Council could make a choice when the ordinance was adopted. There was some Council discussion as to whether or not to have a study meeting to discuss this ordinance. However, it was pointed out that many people would attend the study meeting, it would in effect be a public hearing, and. there should not be two hearings. A1so, the ordinance could be amended. at the public hearing if necessary. Counci]man Crosby introduced ordinance No. l-214 for first reading. AMENDMENT TO AGREEMENT WITH DEL DAVIS ASSOCIATES, INC. ENVIRONMENTAL NOISE STUDY AS A PART OF EIR PREPARATION EL CAMINO REAL FOR AN FOR 1800 City Planner reviewed her memo of 9/75/81 on this subject. She explained to Council that the California Office of Noise Control had requested that an evaluation of noise and appropriate mitigation measures be j-ncluded in the EIR for this location. The developer has agreed to pay the $1,500 necessary for compLetion of theadditional work. She requested that City approve letter of 9/21/81 to the developer from the City Manager setting forth necessity for environmental noise study as an amendment to the agreement v/iththe City of Burl ingame. Councilman Martin vigorously protested presumed necessity for noise study for this location and type of development. Councilman Crosby moved letter of 9/21/81- from City Manager be accepted as an amendment to the agreement with DeI Davis Associates, second by Councilwoman Barton, carried unanimous 1y by memberspresent. CITY MANAGER - SAN MATEO ACTION ON THEIR DUMP SERVICE Report of 9/17/81 from City Manager attached l-etter of 9/Ll/81 from City of San Mateo announcing closing of their dump 3 days a week, with open days to be Saturday, Sunday, Monday, Tuesday. Request was made that City of Burlingame aIlow San Mateo residents access to Burlingame dump to provide local dumping alternativessix days a week. City Manager presented Council with three alternatives, recommending that Burlingame continue with the existing schedule (Thursday, Friday, Saturday, Sunday) and request operators to tighten up on exclusion of out of City disposers. Council discussed at length, deciding to keep the dump open the reguJ-ar Burlingame schedule and accommodate San Mateo residents but with a checking system for showing either Burlingame business Ij-cense, San Mateo business license, or verification of address for either city. Director of Public Works stated he would monitor the system with a report back to council if a problem develops. CORRES PON DENCE 1. COUNTY OF SAN MATEO RE TAX INCREMENT FINANCING Letter ot 9/2/87 from County Supervisor John M. Ward discussed tax increment financing as an approach to meeting redevelopment needs of County cities. The letter indicated the Board of Supervisors had concerns about the use of this method. Mayor Mangini noted City had no tax increment financing consider- City Attorney explained some of the provisions of this ordinance which regulates first commercial district - Area A; second com- merciaf district - Area B; and Auto Row - Area D. He stateddistrict for mixed comrnercial and residential use - Area C -would be dealt with at another time. I 273 ation and 2, MIKE acknowledged HARVEY - MIKE the letter as information only. HARVEY OLDSMOBILE RE PARKING Director of Public Works reviewed letter of 9/70/81 from Mike Harvey which offered to provide 25 onsite parking spaces at 1007 Rollins Road, as an alternative necessary for the approval of an amendmentto his special permit for this site. Councilman Crosby moved that Council grant an amendment to this special permit showing the provision of 25 onsite parking spaces striped and marked for employee parking at th j-s site, second by Councilwoman Barton, carried on unanimous vote of members present. CONSENT CALENDAR I. RESOLUTION NO. 7O-81 "AUTHORIZING DESTRUCTION OF CERTAIN RECORDS DOCUMENTS AND PAPERS . " 2. TENTATIVE AND FINAL PARCEL MAP, 14].f VANCOUVER AVENUE City Enginer's memo of 9/76/81 recommended approval of tentative and final parcel map for f4f1 Vancouver Avenue. 3. TENTATIVE CONDOMINIUM MAP, 35/52 EL CAMINO REAL City Engineer's memo of 9/16/8L recommended approval of tentative condominium map for 16 unit condominium al 35/52 El Camino Real be approved with two conditions. Councilwoman Barton moved approval of the consent calendar, second by Councilman Crosby, carried by unanimous vote of members present. WARRANTS Warrant Nos. l-0221 through 10591, duly audited, $862,649.73 were approved for payment on motion Crosby, second by Councilman Martin, carried by members present. in the amountof Counci fman unanimous vote of of PAYROLL Payroll for August, 1981, Check nos. 28034-28671 in the amount of $450,341.79 was approved for payment on motion of Councilman Crosby, second by Councilwoman Barton, carried by unanimous vote of memberspresent. t]NFlNISHED BUS INES S Mayor }{angini acknowledged receipt of memo of 9/8/81 from ParkDirector noting Beautification Commission term expirations: Clarence Rusch, who is not eligible for reappointment; and Stuart Bacon who is eligible for reappointment. Mayor Mangini directed that Mr. Rus ch be sent a fetter of commendation for his twelveyears on this Commission and announcecl Councilwoman Barton and Councilman Martin would serve on interview committee. AIso received vras letter of 9/16/81 from administrative Assistant noting expiration of terms of Commissioners Donald Lembi and Frank J. Paglj-aro. He directed that they be contacted as to their willingness to serve another term.on Park & Rec. Commission. Mayor Mangini announced that he and Councilman Martin would serve as interview committee for Mosquito Abatement Board. P ROCLAMAT IONS Mayor Mangini proclaimed Eire Prevention Week as October 4 through 10 and White Cane Days, October 2 and 3, 1981. APPROVA],S Commission vacancies 274 1 2 ACKNOW],E DGMENTS Exhibit Design 7nc., 9/9/81 letter re traffic.Heather Sterner, I56f Ralston, re Red Cross Building. Ms.Sterner addressed Council, urging they take under considerationthe preservation of older historical buildings in Burlingame.Council was interested, setting this for discussion at a studymeeting. City Pfanner stated she was famifiar with techniquesused in other cities and would outline them for the Council. Council of Mayors - minutes and agendaCity Planner negative declaration, 1008 E1 Camino Minutes - Traffic, Safety & Parking, B/L3/8Lt planning, 9/14/81; Beautification, 9/ 3/8L.Police Report August . Treasurer's Report, 8/31/81 . Meeting regularly adjourned at 10:30 P.M FQ2 r/ zUL Eve 1yn HilICity Clerk 3 4 5 6 7 ADJOURNMENT i t i t I tz4