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HomeMy WebLinkAboutMin - CC - 1973.02.05390 CALL TO ORDER A regular meeting on the above date PLEDGE OF ALLEGIANCE Burlingame, California F ebruary 5, 197 3 of at the Burlingame City Council was called to order 8305 p.m., Mayor Victor A. Mangini presiding. Amstrup-Crosby-Cus i c k -Mang i n i -Mar ti n None Present: Absent: Councilmen: Councilmen: The minutes of the meeting of January ]-5, 1973, previously submitted to Council, were approved and adopted \rrith the following revisions: Hearing *1, Pacific western Contractors "Park P1aza Towers. " The City Attorney's comment "The Councit does not have the right not to make the EIR and it may be adverse or notrt was amended to "The Council has a duty to make an EIR and it may be adverse or not.'l Hearing #2, SF Airport Towers, 1350 OId Bayshore Highway. The state- ment "Councilman Martin asked for a reduction in height" leas corrected to "Councilman Martin asked for reduction of bulk." MINUTES BAY AREA RAPID TRANSIT Councilman Amstrup spoke of a presentation heard by the Council at the January study meeting in connection with possibl-e extension of BART into San Mateo County. For the benefit of the audience, he exptained that the plans shovred a transit yard in the City of Burlingame between California Drive and Millsdale Industrial Park in the area of Trousdale to Grove Avenue, possibly involving con- demnation of several substantial buildings in the industrial area, a subway station at Burlingame Avenue that contemplates total reconstruction on the Avenue between California Drive and Lorton Avenue, and a route southerLy from the station extending into a section of the city's "auto row. " He stated that a recent news- paper article indicated the preliminary "route location" report is in form to be detivered to the Board of Control shortly, if this is so, it is imperative that the Council formally declare its oppositj.on to the plan presented at the study meeting. furthermore, a special public meeting should be scheduled as soon as possible where a1I of the people will have the opportunity of viewing the plans and expressing their reactions. The City Manager reported the consultants have said they will make a public presentation whenever the Council desires. At Mayor Mangini's request, the City Manager agreed to make the arrangements. The Recreation Center was con- sidered suitable for such a meeting. A motion j-ntroduced by Councilman AmstruP, second by Councilman Martin and unanimously carried, affirmed the Council's position "that the draft report as it stands is totally unaccePtable to the City of Burlingame . " Councilman Cusick referred to the communication from West Bay Railway dated January 16, 1973, concerning thej.r Program for a transit system and suggested they be invited to appear before the CounciI. Also, Councilman Amstrup thought a meeting hrith the Metropolitan Transportation Conmission might be desirable and asked the city Manager to investigate that possibility. The City PLanner led the assemblage in the Pledge of Allegiance to the Flag. ROLL CAIJT I HEARINGS PROPOSED CODE AMENDMENT . NZONING' OFF-STREET PARKING REOUIREMENTS NEW APARTMENTS AND APARTMENT HOTELS Mayor Mangini announced a continued hearing from the meeting of January 2, 1973, on proposed amendments to parking regulations for apartments and apartment hotels. The Chair acknowledged communications on the subject from the City Planner dated January 30 and 31, 1973, reporting that results of a survey of existing apartments and apartment parking needs are being prepared for review by the Planning Commission, that a study of on- street parking is p1annerl, and that the Pl-anning Commission, at its meeting on January 22, unanimously recommended that the City Council consi<ler extension of ordinance No. 971 "Interim Urgency Zoning ordinance Anending Section 25.70.030 (b) Tj-t1e 25 (zoning) Of The Municipal Code Regulating Off-Street Parking Requirements For Apart- ment,s and Apartment Hotels. " In the communications, the Planner advised that the urgency ordinance will expire March 6, 1973, and that it may be extended for eight (8) months after a public hearing. The Planner's recommendation that the subject of extension be set for hearing at the regular Council meeting on March 5, 1973, was concurred in by the City Manager in addendums to the Plannerrs communications. In elaborating on the corununications, the City Planner rePorted that on-street parking studies have been made, that the report will be ready for the Planning Commission at its meeting on February 14 and the Comnission's recommendations forwarded to the Council thereafteri extension of the urgency ordinance will allow time for orderly pro- cedures and consideration of new parking regulations. with Council concurrence, Mayor Mangini announced that a public hearing will be held on Monday, March 5, 1973, to consider extension of emergency Ordinance No. 971 for a period of eight (8) months. The hearing on proposed amendments to parking regulations for apart- ments and apartment hotels was continued to the meeting on Monday, I'{arch 5, 1973. 2. PARK PLAZA TOWERS PACIFIC WESTERN CONTRACTORS , DEVELOPERS Mayor Mangini announced that the hearing on the above matter $ras con-tinued from the meeting of January 15, 1973, to the present date for the developer to attempt to make certain modifications in the p1ans. The Chair acknowledged a communication from Richard G. Randolph,attorney for the developer, aclvising that the plans were amended to remove aII partitions separating living rooms from dens in aIl units,including the townhouse designs that had dens, thus making the area an adjunct to the living room. Copies of the amended pIans, State of California Preliminary Sub-division Public Report and schematic representation to scale of com-parative differences in height of five (5) and six (6) stories were furnished the Council. The dj,scussion was initiated by CounciJ.man Amstrup who observed that the only change in the plans appears to be elimination of walls separating Iiving rooms from dens. He recaLled that at the last meeting there was some confusion about the parking arrangement, hoi,7 the spaces were to be assigned and use and control of surplus parking. He asked Mr. Randolph to corunent. j-i t) l Councilman Martin reported he talked with Mr. Riskas in regard tothe project and examined the plans to determine if the height could be reduced. 392 Mr. Randolph explained there was no physical change in parking lay- out but in keeping with the condominium concept parking will be controlled by the owners association and assigned as needed, as opposed to having it a part of the condominium unit and controlled by an individual owner of a particular unit' Mayor Mangini asked about the chart indicating height of church fuildings across Park Road and if the developer intended to reduce the building to five (5) stories. Mr. RandolPh reported that the chart propose<I to show rel-ative height differences between five (5) floor! and six (6) and that the building would remai-n at six (6). Councilman Cusick asked if the rectangle area of Unit "A," page 3A of the pIans, represented Mr. Randolph confirmed that this was "bookcase accouterments in the original design. in the living room a built-in bookcase. and wet bar, " den Mr. Randolph stated that the applicant is seeking the Council's approval to a special Permit for a 44-unit condominium residential stiucture within the parking district at Baysvrater and Park Road as required by emergency legislation (ordinance No. 959) prohibiting issuance oi a building Permit for any building in the parking district having more than 15,000 square feet of gross floor area or exceeding two stories in height excePt upon special permit granted by the City Council. Mr. Randolph referred to the language of the ordj.nance to the effect that high-rise commercial buil-dings should not be allowed as a matter of course pending completion of a study of off-street parking needs within the parking district but such buildings may be allowed after there has been consideration by the Council of the impact of any such buildings upon public Parking facilities in the area. Mr. Randolph - proceeded to describe parking facilities to be included within the project, 90 on-site spaces consisting of 85 covered, five (5) suiface, or a ratio in excess of two to one. He stated that an analysis made by the developer of parking facilities in 11 multi-fam1Iy Uuilaings similarly located to the business district revealed a ratio of I.06 to 1. He submitted that parking desiqn is adequate for the needs of the occupants. Concerning traffic movements, Mr. Randolph stated that the Patternin similai buildings appears to be one (1") car per unit and perhaps three (3) round trips per day per car, indicating 264 car movements daily to be generated by the project. He mentioned that if the propErty vrere to be developed in commercial uses conforming to the Zoning iesultant traffic and congestion would be greater than that generated by residential use of the type proposed. Mr. Randolph stated that public parking adjacent to the building probably wilL be used by visitors. Ile referred to a recent appli- Lation Lefore the Council wherein the proponents offered to make an in lieu payment for acquisition by the city of two parking spaces, payment to be del-iverable at time of issuance of building permit- t"tr. Randolph advised that his cLients are prePared to contribute to the parking district a sum of money equivalent to the cost of six spacls at $4r500.00 per space; prior to issuance of building permit, Sg,OOO.00 in cash to be used at the discretion of Council for acquisition, maintenance or operation of off-street parking facilities- aviilable for use by the general Public; balance to be Paid if the district undertakes construction of additional parking $rithin two years from the time the condominium project is completed. Mr. Randolph stated that elimination of dens will control density maximum and the combination of the use permit and plans submitted to the Council guarantee that the buiJ.ding cannot be modified to increase density. He d.iscussed environmental aspects, noting that the clevelopers have evidenced concern for open space - by - limiting structural coverage to 4Ot of the site and have retained a land- scape architect to assure Plantings of quality producing the most desirable effect. Mr. Randolph pointed out that the maximum height in residential districts is iix (6) stories or 75 feet, the Proposal is 66-1/2 to 67 feet. The six lots could be improved for commercial use with none of the amenities of open space or landscaping, nor provj-sion for parking, and a high level of traffic movements. Furthermore, the developer is willing to enter into an agreement with the city for payment of costs of a new eight (8) inch water main on Park Road as reconmended by the City Engineer. 39;i an of they y Attorneyg district r iatere a Partds thate the and the permi t . In response to Councilman Amstrup, Mr. Randolph explained that existinq redwood tree will be retained on the property; because their height, the palm trees cannot be uprooted and replanted; i,/iIf be replaced with guality specj-men trees. CounciLman Cusick asked if a building permit could issue for repLace- ment of partitions between living rooms and dens upon expir:ation of the emergency ordinance. The City Attorney advised that if the building permit is granted on specific plans the building must be constructed in accordance with such plans; Iawfully, the builder can make no alterations or additions to the plans except as approved by the city. In response to Councilman Cusick and Mayor Mangini, the Cit indicated that the offers of in tieu payments to the parkin and to share in costs of the new vrater main would be apProp additions to the Envirorunental Impact Report because they a of the mj.tigation of the ailverse impact, if the Council fin such exists. He stated further that these matters should b subject of a separate agreement between developer and city fact of that agreement shoul-d be ref l-ected in the building The City Engineer stated that i.f the project is approved a four (4) inch water main on Park Road must be replaced for purposes of adequate fire f1ow. He reiterated conunents made on prior occasions to the effect that the city would prefer a 12 inch main, that the developer deposit an amount to cover eight (8) inch, the city pay the difference, and the project be completed in the city's annual water main improvement program. The City Engineer reported estimated costs of 650 feet of eight (8) inch l-ine with connections and other appurtenances at $13,000.00 and for 12 inch, $19,000.00. RESOLUTION No. 9-73 "Making Environmental Impact Report Six-Story eondominium Bui1ding (Park P laza Towers) 110 Park Road, E.I.R. ?he motion was seconded by Mayor Mangini and unanimously carried on ro11 call . No. 88" tdas introduced by Councilman Crosby, who moved its adoption with the following modifications: -:1 l1. /rhat the structure shall be constructed according to the plans \.prepared by Wil"liam Kubach & Associates, as amended on January'eil, 1973, and submitted to City February 5, 1973, said plans specifically containing no rooms designated "Den;"2. That the applicant mitigate possible adverse impacts on the environment by: - ! (a) Payment to city of the cost of six (6) motor vehicle Ioff-street parking facilities at S4500.00 each, payable (1) S9'000.00 -- prior to issuance of building permit and (2) The remaining four (4) spaces to be paid for as additional motor vehicle off-street Parking spaces are conmenced by City within the Burtingame Avenue Area Off- Street Parking District; 3. That the applicant make a pro rata contribution to the cost of a 12 inch water Ij.ne over and above the cost of an eight (8) inch water line along Park Road between Howard Avenue and Bayswater Avenue; 4. Execution by and between the applicant and the city of a r^rritten agreement embodying the provisions set forth in ltems 1,2, and 3 above. During a period of Council conunent, Councilman Amstrup announced he 394 investigated the project thoroughly, discussed the matter of six(6) stories vs. five (5) with experts and was willing to reversehis earlier position that building height should be reduced tofive (5) stories for the reason that the proposal is a better useof the land than some of the permitted uses recited in the code. Councilman Martin considered the density too high. He agreed thatthe plans were an improvement over the original presentation but, because there is no practical way to produce 44 units including townhouses in five (5) stories, there will be a six story buildingif the project is approved. It was Councilman Martin's positionthat the structure was too large for the site. Councitman Cusick indicated a preference for bur (4) or five (5) stories but, because the zoning would permit something much less desirable, not subject to review by the Council, and because the developers have made concessions in areas considered unacceptable in the original plan, she declared her intention of voting for the project. A motion introduced by Councilman Crosby to approve a building permit for construction of the structure in accordance with plans submitted and subject to the same conditions attached to the E.I.R. was seconded by Mayor Mangini. Mayor Mangini stated that the project will be an excellent improve- ment at a major entrance to the city; the alternative could be commercial buildings with litt1e or no visual quality. Councilman Crosby reiterated comments made at the last meeting to the effect that he was thoroughly familiar with the property, that he did not consider the location suitable for commercial development, and that he shared the opinion of one staff member that if the city does not act to foster redevelopment of oId, neglected residential properties some other governmental agency may'come in and force redevelopment. The motion to approve the building permit carried on the followinq ro11 call: AYES: COUNCILMEN: Amstrup-Crosby-Cusick-Mangini NOES: COUNCILMEN: Martin ABSENT COUNCILMEN: NOnC RECONVENE Following a recess at 9:I0 p.m., the Chair reconvened the meeting at 9 :30 p.m. HEARINGS (cont. ) 2. SF ATRPORT TOWERS, CHARLES KrNG & ASSOCTATES A hearing on the above project, continued to the present date from the meeting of January 15, L973, was declared continued to the meeting of February 20,1973, by Mayor Mangini with Council con- currence, in response to a written request from the developers under date of February 1, 1973. 3. ADDITIONAL SCREENS DRIVE-IN MOVIE THEATER Mayor Mangini announced that this was the time and place scheduled, puisuant to public notice, to conduct a public hearing and to con- sider Environmental Impact Report 9-B dated January L2, 1973, con- cerning the addition of two movie screens at the drive-in theater site, 350 Beach Road. Declaring the hearing open, Mayor Mangini invited comments from the proponents. I ;]95 I'1r. David Keyston, Vice-President, Anza Paci of the land in question, reported he has rev Impact Report and finds no reason to object. fic Corporation, owner iewed the Environmental In response to the Chair's inquiry, there were no speakers from the floor favoring the project. oPponents were j-nvj.ted to comment. I'1r. David Larson, L2L6 Cortez Avenue, referred to his communication to the Council dated Januaty 6, !973, requesting an environmental impact study because of 'brobable deterioration to the waterfront due to increased concentrations of automobiles and people in the area and very real damage to visual character of the shoreline the large and ugly structures produce." Mr. Larson asked for clarification on orientation of the screens, how they related to Bayshore Freeway and to the residential districts in the areas of the city closest to the freeway. Mr. Keyston reported that the proposed screens will be in the north corners of the existing theater parking area, oriented at 45 degree angles to the freeway and to Airport Boulevard. He stated that con- ferences were heLd with representatives of the State Highway Depart- ment concerning their reaction to the drive-in theater use and theY indicated no interest in anything over 600 feet from their right of way. Furthermore, the screens will be approximately 1500 feet from th; frontage road. at Rollins Road, which would be the closest resj-- dential area of the city. He stated that existing industrial buildings between the freeway and theater sj.te, combined with reduced height of the screens, tri11 make the structures virtually invisible from the city; the buildings will block them out. Mrs. Gloria Barton, 734 !{inchester Drive, referred to comments by the landowners at a prior meeting concerning landscaping and tree planting on the perimeter of the proPerty to create a sight barrier. Mr. Keyston reported that some hndscaping has been accomplished- He acknowledged a promise made to the city to plant additional trees, including eucalyptus, and advised it is difficult to obtain trees of a height that witl create an immediate sight barrier. Mr. A. Woods Giberson, 27L4 Easton Drive, Protested that eucalyptus trees planted close to sea water wiII not grow. Mr. Stanley G. Thomas, 443 Cumberland Road, asked if the existing screens coutd be reorie bd as part of the new construction project. Mr. Keyston discussed problems that h'ould arise if rearrangement of existing screens $rere attemPted, particularly relocation of the projection booth. The hearing was declared closed. Mr. Keyston confirmed, in response to Pacific Corporation, as landlord, wi1l" lease and intends to remove al-I of the lease should terminate for any reason. Councilman Martin disagreed hlith the "Conclusion" expressing his position that two new screens will significant impact on the environment. Councilman Amstrup, that Anza not approve assignment of the improvements if the present recited in the E.I.R.,definitely have Councilman Cusick felt there would be significant effect on the environment and considered the drive-theater a lrrong use of land next to the bay. Councilman Crosby conmented that if the theater was not there the land could be j.mproved with some other form of commercial use. Councilman funstrup commented that the owner has agreed, as a con- dition to the permit for the two new screens, to terminate the theater use upon expiration of the current lease. A far more harmful impact could result if the screens were disallo$red, thereby pavingfor the present use to continue inddfinitely since there was sucr cr.ltuuitlrcrrt gi.ven when the original permit hras granted. the way no RESOTUTION NO. IO-73 "Making Environmental Impact Report Drive-Infheater Screen-1 35O Beach Road" was introduced by Councilman Anstrup, who moved its adoption, second by Councilman Crosby and declared car- ried on the follohring ro11 cal1. AYES: COUNCILTYEN: Ams trup-Crosby-Mang ini NOES: COUNCILMEN: Cusick-Martin ABSENT COUNCILMEN: None COMMUNICAT IONS ]-. BROADWAY WIDENING JOB ACCEPTED In a co[ununication dated February 1, 1973, the Director of Public works reported that Lor^rrie Paving Company has satisfactorily com-pleted i.ts contract for widening of a short strip of Broadway betvreen Southern Pacific Railroad to RoIIins Road, and recommended that the project be accepted. In an addendum to the communication, the City Manager concurred in the reconmendation. RESoLUTION NO. 11-73 "Accepting Broadvray Widening Southern Pacific Railroad To Rollins Road, Job No. 72-5" was introduced by Council- man Martin, r^rho moved its adoption, second by Councilman Crosby and unanimously carried on roll call. A recorunendation from the City Engineer that the prohibition on parking bet$/een the hours of 4:00 and 6:00 p.m., currently in effect in the area of widening be rescinded was referred to the study meeting . 2. HEARING SCHEDULED EXTENSION OF ORDINANCE NO. 960 Under date of January 31, 1973, the City PLanner reported that the emergency ordinance restricting building permits within the Burlingame Avenue Area Off-Street Parking District (ordinance No. 959 extended by Ordinance No. 960) will- expire on March 20, 1973, prior to adoptj.on of new use and zoning regulations applicable within the parking district. The Planner recomrnended that the ordinance be extended for a period of one year as provided by Iaw and that a public hearing on the extension be held at the meeting on March 5, 1973. In an addendum to the communicati.on, the City Manager concurred in the recommendation. RESOLUTION NO. 12-7 3 Grievance Procedures" was introduced its adoption, second by Councilman "Adopti ng who moved5y Coiincilman Cusick, I\mstruP . on the question, Councilman Martin inquirecl if there were city employees present who wished to object to procedures recited in the resolution. There was no response from the floor. The City Manager reported that all employee groups were furnished copies of the document for review. The resolution was thereafter adopted unanimousLy on ro11 call vote. UNFINISHED BUSINESS I. LOYOLA DRIVE CONSTRUCTION In responseproperty at to an inquiry from Councilman Amstrup concerning the 1829 Loyola Drive, the City Engineer reported that the 396 Council indicating no objection, the Chair scheduled the hearing as requested by staff. RESOLUT IONS '397 owner and the building contractor have been notified in writingthat the city will not permit the project to continue until certainconditions have been meti a1so, they have been informed of remedial- work that the ci.ty will require. The City Engineer advised there has been nothing done as yet by the owner. Counci l-man Martin sug-gested that a complaint be filed against the contractor with theState License Board. NEW BUSINESS EXPIRATION OF COMMISSIONERS TERMS Mayor l,langini acknowledged a communication from the City Clerkvrith an addendum from the City Manager advising that the terms of Wal-t.er A. Hobrer and Archie L. Offield, Civil Service Commissioners,expired December l, !972. The City Manager confirmed that bothwill be contacted about reappointment. PROCLAMATI ONS EDUCATIONAL WEEK, n Week of February L2, ),973, 'LEAGUE OF WOMEN VOTERS WEEK, " Saturday, March 3, 1973, UNITED CEREBRAL pALSy ASSOCIATION "HAPPINESS WALK" DAY, February 11 through 18, 1973,',KQED WEEK.,, ACKNOWLEDGPIENTS AMERICAN HEART AD.]OURNMENT There being no furtherregularly adjourned at AP V tor A a 1n Mayor Mayor Mangini declared the Month of February, L973 MONTH," February 11 through 17, L973, "VOCA?IONAL A cornmunication from Wil-l- Slocum, 310 Cuardo Avenue, Mitlbrae,concerning public access and a proper walkway at the bay front wasreferred to the City Manager for rep1y. Report fron City Planner: Planning Commission actions and recom-mendations, meeting of January 22, 1973.Minutes: Beautification Commission, January 4, park & Recreation,January 9, Health, Safety & Traffic, January II, parking, January 24,Planning, January I and 22, Library Board, ,fanuary 16, 1973. Parking Commission request for redesign of Lot e, Broadway area,and Engineering Department recolunendations , were referred to theFebruary study meeting. bus ine s sI0:00 p.m for transaction, the meeting was Respectfully submitted, Her ert K te, C1 ty Clerk D