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HomeMy WebLinkAboutMin - CC - 1971.12.20ti3 Burlingame, December Cal i forn ia 20, 197l- PLEDGE OF ALLEGIANCE At the Chaj.r's invitation, the City Planner led the assemblage in the P1edge of Allegiance to the flag. ROLL CALL Present - councilmen: AmstruP-crosby-Johnson-Mangini-Martin Absent - Council,men: None !,IINUTES The minutes of the meetinq of December 6, L97L, previously sub- mitted to Council, were apProved and adopted. HEARINGS 1. Appeal of Willian J. ThomPson, Planning Corunission denial of 2701 Mariposa Drive, from special permit. Mayor Anstrup announced that this was the time and place scheduled to conduct a public hearing in the matter of an appeal taken by !{r. and urs. ililliam J. Thompson from the denial by the Planning commission of the application for a speciaL Permit allowing modifi- cation of an existiir! accessory structure at 2701 Mariposa Drive. The city Attorney, responding to the Chai.r, revievred the city's experiences with the apPellants in connection srith the structure, explained that the aPplicant was within his rights in filing the application for special Permit and, following denial by the Planni.ng Commission, in asking for an aPPeal' hearing before the council. The City Attorney stated he was not certain why Mr. Thompson elected to seek approval of a use permit inasmuch as the structure has been declared by the city to be in violation of building and zoning codes and an action is pending in court awaiting trial to enjoin its continued use. Mayor Amstrup recognized cyrus J. McMillan, attorney for the appli- cant, who announced that his client has decided to withdraw the application for special permit and to request a building permit in oider to reconstruct the structure according to code. l'tr. McMillan reported that application t/ras made for a building permit and plans weie brought to the building department but the inspector indicated the perrnit shoul.d not be processed because of the special Permit application before Council and the pending legal action. Mr. McMillan statea he will- confer lilith the city Attorney concerning resolution of the judgxnent sought by the city and, thereafter, allowing for the rainy season, the structure will be :made to conform to code. The Clty Attorney stated that the structure was built for the Purposeof an accessory Luilding for a swimming pool--a permitted use in the R-l zone--and if Mr. Thompson is willing to raze all of the structure to the extent that it is necessary to do so to conform, he may proceed to rebuild according to code. Mayor Amstrup declared the matter removed from the agenda of Council business as requested by the applicant. A regular meeting of the Burlingame City Council was held on the above date. The meeting was cal1ed to order at 8:05 P.m., bY Mayor Irving S. Amstrup. CATL TO ORDER L74 2 Appeal from Planning Commission grant of variance toR.F.Mcl,aushlin, I![.D. Mayor Amstrup announced that this was the time and place scheduledto conduct a public hearing on the appeal of Dr. and Mrs. L.P.Cusick, 1715 Ralston Avenue, from the Planning Commission approval of avariance to R.F. Mclaughlin, M.D., to a1low more than one residentialbuilding to a lot in an R-l zone. The City Plannerr at the Chair's reguest, reviewed the proceedings r-! before the Planning Conmission at its meeting of November 22, L97L,wherein a public hearing was held on two applications filed byDr. McLaughlin--a reclassification from R-I to R-3A of three lotsat 1513 and 1517 Burlingame Avenue and a variance to constructthree buildings on a single parcel--the three lots to be combinedinto a single lot for a condominium-type project of three buildingsof four units each. The City Planner reported that the city parking lot adjacent tothe l'lclaughlin property, presently classified R-I, is proposed to be included in the reclassification process. The City Planner stated that action on the reclassification was delayed until February, he pointed out that reclassification isnot a conditional action and, once accomplished, the ownerr or a successor owner in the event of a sale, could, conceivably, decide not to pursue the variance and to develop the property according to the zoning classification; for this reason, to assure development in accordance with the plans, the Commission made the variance conditional upon resolution of the agreement betureen the city and the property orvner for the public improve- ments and postponed reclassification. The City Planner explained that R-3A regulations provide for one dwelling unit for each 1500 sguare feet of land and that formula applied to the subject property would allow a total of 18 units as opposed to 12 unitsr ot one unit for each 2200 square feet of land, proposed by the applicant. He stated that general plan guidelines project medium density or 9 to 20 dwelling units per acre for the area, that the subject property contains approximately 261000 square feet or 0.5 of an acre and the proposal meets density standards recited in the general p1an. Exhibits prepared by the City P}anner were displayed. He statedthat following the hearing before the Planning Commission ques- tions were raised by eome residents in the Burlingame Park area as to why they did not receive a notice of the hearing. He showed a map indicating the location of the subject Propertywith a circle drawn describing the 500 foot radius, explained that 94 owners stere notified within the radius, as required by code, and that two or three appeared to raise questions but no one spoke in opposition; nextr Er overlay showing the existing apattment zone on E} Camino Real, multiple dwellings that exist throughout Burlingame Park beyond the boundaries of the apartment zoner and land uses and density proposed by the general plan. The City Planner discussed general plan projec- tions for the area, suggested that the area of higher density may be too extensive and perhaps should not cross Occidental nor extend beyond Howard and reported that the Planning Com- mission has the matter under study at the present time. In response to Councilman Martin's inquiry concerning density in the various zoning classifications, the City PLanner reported that on the minimum R-l lot of 5,000 square feet, there may be 6-L/2 to 7 dwelling units per acre--the general plan proPoses up to 8 units; in R-2, 16 dwelling units per acre, R-3Ar 29i 175 R-3, 25 to 40 and R-4 over 40. He stated that the Planning com- mission is considering a new zoning classification--R-2A--density up to 20 dwelling units per acre, which would conformto general^ plan medium density criteria. Mayor Amstrup announced ground rules for the hearing, acknowledgedreceipt of approximately 14 letters in opposition to the variance and, thereafter, declared the floor open to the appellants. Mrs. Lawrence P. Cusick, 1716 Ralston Avenue, read from a pre- pared statement, reciting in detail her reasons for opposing the variance. (The statement rras accepted by the City Clerk to be made a part of the permanent file.) Mr. Williarn Ward, 120 Occidental Avenue, Irtr. Robert V. Ohlson, 21I occidental Avenue, Mr. Bruce G. Paton, 317 Chapin Lane, Irlrs. A.B. Collom, 310 Chapin Lane, Mr. Don cole and Miss cole, 117 Occidental Avenue, Mrs. R.E. Anderson, 113 crescent Avenue, Mf" D. Jackson, 149 occidental Avenue, Mr. Gerald w. cole, 341 occidental Avenue, Mrs. Robert craig, 157 Occidental Avenue, Mr. G.H. Beaulaurier, 146 Eln Avenue, Mr. David Carr, 148 Elm and Mr. F.J. Yeager, 200 occidental Avenue objected to the variance . The speakers concurred with the issues raised by Mrs. Cusick, noted that the resi.dents of Burli.ngame Park muEt appear regu-Iarly before the City council to oppose efforts at spot zoning through the variance procedure, have requested consistentlythat the single-farnily character of the area no and that the illegal multiple units that are sc out the area be abated; Council was asked to de torium on further applications for variances an tbatt c1adr e changed, ered through-re a mora- elated spot zoning procedures until a determination can be nade $rhether or not more high density areas are necessary for the benefit of the coNnunity as a whole; a request eras made for clarificationof the proposal to include the city parking lot in the reclas-sification process and the question raised whether there may be a proposal forthcoming that the lot be sold to private investors for development. Larrrence P. cusick, M.D., 1715 Ralston Avenue, read from a prepared statement challenging the legality of the grant of variance on the grounds that the applicant failed to satisfy conditions requisite to grants of variance as recited in the Municipal code. (The statenent ltas accepted by the City Clerk for f i1in9 r,{ith related material. ) Dr. cusick also filed with the city clerk a series of photo- graphs showing vacancy signs on apartment buildings throughout the city, construction of new apartment buildings in progress on Iand classified for multi-family uses and a photograph of the city parking lot proposed to be included in the reclassifi-cation process, to illustrate that the lot is used to capacity. There r,rere no further comments from the floor in opposition. The proponents were invited to speak. Mr. James Mclaughlin represented the ohrner of the property. Itlr. Mclaughlin explained that his business is not constructionof apartment buildings, but construction of single-family residences, clustered-type houses with a common roof and a com- mon entrance; he stated that the project proposes trro-bedroom houses and that the sales price will approximate 560,000.00for each dwelling and that it is not intended that any of the 176 units be used for rental incorne Purposes. Mr. Mclaughlin stated that the town-house code of the State of California regulates such construction very closely, he pointed out that the properties are in an area where multiple-fanily buildings exist, ranging from duplex to triplex to full-scale aPartmentbuildings, that the general plan recommends the area for higher density usesi he referred to the elevation on display in the chambers, stating that the project will conform,ingeneral, in layout and design; lrith resPect to the water line, Mr. Ir{claughlin confirmed that the new line will run from the property to occidental Avenue to tie in with the main line, thereby providing sufficient water flow to all of the proPerties on Burlingame Avenue for fire protection if the area does develop in higher density uses. !trs. Elizabeth B. Rosell, 1525 Burlingame Avenue, owner of the property immediately adjacent to the subject property, stated that the proiect will upgrade and increase proPerty values and benefit the entire block by replacing two old houses, that have been abused by a series of tenants, lrith navt attractive buildings; she stated that the developers offer to widen the street and to install the new water line will be benef i.cial to all of the abutting orrners and that she rrras unable to agreelrith the arguments that the project would be detrimental to the community. Mr. Dan Thurston, 1530 Burlingame Avenue, Mrs. J.L. Kump, 320 chapin Lane and Miss Elizabeth Barnett, 1.575 Ralston Avenue, asked that the variance be approved, they mentioned that the block where the properties are located is beginning to show evidences of neglect and deterioration and that the Project nay foster additional redevelopment throughout the area. MiEs Jones, a resident of Oak Grove Avenue, sPoke of the improve- ments on that Etreet, resulting from demolition of older homes to make way for new apartment buiLdings. Mr. Thomas Sine, Planning Commission Chairman, stated that the Planning Commission, at its hearing, would have apPreciated the opportunity of hearing from the people who spoke at this meeting . There qtere no further cotnments from the audience; the Chair declared the hearing closed and invited council to comment. A series of guestions raised by Councilman Mangini., Council'man Crosby and councilman Martin rrere anslrered by the city Planner and City Engineer, as follows:with respect to the application for reclassi fication, the city Planner explained that the Planning conunission postponed action for 90 days to allow the city and the developer to resolve the matter of funding of the public improvements, the Commission wanted to assure that the property would be developed in conformance with the plans that were submitted and made the variance conditional upon there being agreement as to the public improvements i furthermore, the matter of one developer paying the total cost of public imProvements, with subseguent properties paying back their fair share as redeveloPment occurs, is innovative but it has been tried tdith success. The city Engineer rePorted there is sufficient water at present to satiEfy fire flow requirements of the existing lingle-family zoning and land uses; if there are zoning changes and density increases appreciably, fire flow requirements will increase commensurably. With respect to street widening, the City Engineer explained 777 that the developer proposes to widen the street only along the frontage of the three lots at a cost of approximately $4,000.00,and that none of this cost can be recoveredi the $15,000.00which the developer proposes to deposit for the water line fronEl Camino Real to Occidental Avenue may be recovered from other developers, as described by the city Planner. The City Planner stated that reclassificationlot rrras considered by the Planning Comnissioncontinuity of the R-3A zoning and appeared to down adjacent to the R-3 zone on E1 Camino Rea of fo be 1. the city parkingr purposes ofa logical step- Councilman }ilartin referred to comnents from the audienceindicating there is apparently some misconception as to olrner- ship of the parking lots; he explained that the lots are owned by the assessment district which supplied the funds fortheir acquisition and improvement and that any changes or modifications in the district may be accomplished only afterpublic hearings before the Council where the people who sup-port the district are given the opportunity to be heard. councilrnan tttartin stated that the general plan rras adoptedafter a series of public hearings before the Planning Commission and the City Council, extending over a period of approximately two years, and a number of meetings held by a citizens com- mittee,where 40 to 45 members of the community studied every phase of the p1an, he stated that some revisions will be made eventually and, at that time, council will look to the com- munity for assistance. with respect to suggestions that the variance procedure be halted, councilnan uartin explained that variances are a neces- sary part of the zoni.ng process, that a zoning code cannotpossibly provide for every situation that rdill arise and that a property owner cannot be denied the right to apply for variance and to be heard. Councilman Johnson recalled that a few years ago a similarsituation arose in a smaller degree on Bloonfield Road where a request for a variance to construct an apartment building brought the residents of the area out in force--they did not want an apartment building, they were concerned with protecting their homeE and expressed themselves very strongly in opposition; a few years prior to that, a suggestion for rezoning to garden- type apartnents in the same area met with equal opposition.stating that the City Council listened to the people on the two prior occasions and denied the proposed changes in the zoning laws on tha grounds that the people knew what they wanted, Councilman Johnson questioned how Council could do other- wise in the present situation, she agreed that a policy should be established for orderly redevelopment throughout the city,stated she objected to plecemeal changes and to gradual nibbling away of the cityrs residential" areas, favored the Mclaughlinproject but not in the location, and supported the position of aL1 of the people who were concerned with protecting their invest- ments in their homes and erith the concept of maintaining single- family neighborhoods free from intrusion of apartment buildings. Counci Iman Mangini expressed his position in favor of the project on the condition that there be some form of reclassification to redefine the city's plans for ultimate land uses in the area and, assuming approval of the variance, that there be no further zoning variances until such reclassification can be accomplished. councilman Crosby stated that as an ordner of a residence on occidental Avenue he verified with the city Attorney to confirm 178 that he was not restricted from participating in the discussion and voting on the issue. He stated that he has lived in the area for approximately 12 years, that he agreed with some of the arguments that had been advanced and disagreed with others; he referred to comrnents from Miss Jones concerning replacementof older single-family homes with apartment bui}dings on Oak Grove Avenue and pointed out that that street is apartment zoned; he stated that he was attempting to weigh the pros and cons judiciously and, for the moment, had not reached a decision. Mayor Amstrup referred to a reference from the floor in connec-tion with an article he had written, which appeared in a loca1 newspaper, wherein he spoke of his great affection for the City of Burlj.ngame, he stated that the articLe was trulyindicative of his feelings. Explaining that he believed in progress and that, in his opinion, the project symbolized a form of acceptable progress, he expressed sympathy with the people who were in opposition as he, alsor had been confrontedwith a similar situation where he argued against an apartment building in his neighborhood. Councilman l{artin thereafter introduced a motion that the appeal be upheld and that the decidion of the Planning Commission approving the variance to R.F. Mctaughlin, M.D., for theproperties at 1513 and 1517 Burlingame Avenue, be reversed. Ehe motion lras seconded by Councilman Crosby and declared carried on the following rolL call: AYES: COUNCIIJ,TEN: Amstrup-Crosby-Johnson-Martin NOES: COUNCILI{EN: [langini. RECONVENE Following a recess at 10:55 p.m. r the Chair reconvened the meeting at lL:00 p.m. HEARINGS (cont.) 3. Hyatt House Readerbqer{ ls:Lg!!r Mayor Amstrup announced that this was the time and place scheduledto conduct a public hearing on the appeal of Burlingame Hyatt House from the Planning Commission denial of an application forspecial permit to modify the existing readerboard sign. Cyrus J. McMillan, att,orney representing the applicant, informed Council that his client decided to reduce the size of the sign from forty feet in width to thirty feet and that new drawings tere prepared subsequent to the hearing before the Planning Com- mission. Mr. Mct{illan stated that, if in Council's opinion the modification of the plans warrants a referral back to the Planning Commission, his client would have no objection. The matter was thereafter removed from the agenda of Council business for the applicant to submit the revised proposal to the Planning Commission. COMMUNICATIONS I Howard Johnson Motor Lodge and Xestqqq_aq! A letter dated December 9, I97I, from A.W.Ha11, General Partner, Gregory & Sons, referred to a special permit granted by the City Council for construction of a Howard Johnson lt{otor Lodge and Restaurant; the communication stated that unforeseen lessee and financing problems have prevented start of construction and requested that the expiration date of the special permit be extended 120 days to April 16, L9'72. 179 Council agreed with Councilman Martin that a longer extension might obviate the necessity of the applicant returning and asking for additional time; Mayor Amstrup thereafter announced that the special permit for the development will continue to June L9rL972. 2 Karate Studio, 1210 Broqdway A cornmunication from Broadway Burlingame Area Merchants Association, signed by 24 merchants in business in the Broadway area, asked that a business license not be issued for operation of a karate schoolat 1210 Broadway on the grounds that the type of business is not conducive to improving the economic and commercial image of Broad- way nor a suitable operat,ion in the heart of the Broadway businessdistrict. A letter dated December 16, L97L, from R.J. Todd, owner/oPeratorof the business gave a brief resume of his qualifications as a teacher of karate and explained that the studio was scheduled to open formally on Monday, December 2Oi for that reason he would be unable to appear before Council at its regularly scheduled meeting. Council heard a report from the City Attorney to the effect that there would be no authority in the city to deny a license for con- duct of a business that met the requirements of all of the city's laws. The City Ivlanagerreported that, to his knowledge, the license had not, been issued as yet, pending receipt of staff reports and recom- mendations. He stated that he will pursue the matter. 3 Articulated Train Systems A communication dated December L4, 197I, f,rom Articulated Train Systems, South San Francisco, requesting Council's considerationto issuance of a franchise for construction and operation ofelectric underground transit systems in the Bay Area, was referredto the study meeting in January. Planning Commission Resolutions: Utility UndergroundingDistricts Acknowledgment was made of Resolutions Nos. 71-3 and 7L-4 from the Planning Commission recommending consideration by the City Council to establishment of utility undergrounding districts on Chapin Avenue between El Camino Real and Primrose Road; and along Bayshore Highway and the shoreLine from the south boundary of East Millsdale to the City of Burlingame wastewater treatment plant. ORDINANCES ORDINANCE NO. 952 "An Ordinance Amending Sections 9.04.0I1, 9.04.012, And 9.04.020 Of The Municipal Code And Increas ing Dog License Fees And Fees For Impounding, Keeping And Selling Dogs Running At Large" lras introduced for first reading by Councilman Mangini. ORDINANCE NO. 953 "Adding Section 18.12.040a To The Municipal co@or rnstallation of Back waEer Valves" I,rras introduced for first reading by Councilman Crosby. ORDINANCE NO. 954 "An Ordinance Amending The lviunicipal Code Of The ty Bur ame By Adding Subparagraph 47 To Section 13.20.010 And Prov ng For An Intersection Stop For Vehicles At ?he Intersection Of Loma Vista Drive And Loma Vista Circle (North) " was introduced for first reading by Councilman Mart,in. 4 180 ORDINANCE NO. 948 "An Ordinance Amending The llunicipal Code^of @game By Adding Chapter L8.I8 (Radio And Television Antennas) To Title 18 (Building Construction|' was given its second reading and on motion of Councilman Johnson, seconded by Councilman Crosby, said Ordinance passed its second reading and was adopted unanimously on ro11 call. ORDINANCE NO. 949 "An Ordinance Amending Section 22.44.020 of @ Regulating Height Limitations on PoIe Signs" hras given its second reading and on motion of Councilman ltangini, seconded by Councilman Johnson, said Ordinance passed its second reading and was adopted unanimously on roII call. ORDINANCE NO. 950 "An Ordinance Adding Subparagraph rtDrl ro ffi (one Hour Parking) And Regulating Parking On Broadway Betlreen Lands Of The Southern Pacific Company And Rollins Road" rrras given its second reading and on motion of Councilman Crosby, seconded by Councilman Mangini, said Ordinance passed its second reading and was adopted unanimously on ro11 cal1. ORDINANCE NO. 95I "An Ordinance Repealing Section 13.35.010 (q) Of The Municipal Code And Adding Sub-Section 11 To Section 13.36.020 Of The Municipal Code Prohibiting Parking On The Northerly Side Of Burlingame Avenue Opposite Washington Park" vras given its second reading, and on motion of Councilman Johnson, seconded by Councilman Crosby, said Ordinance passed its second reading and was adopted unanimously on roll caII. UNFINISHED BUSINESS 1. Newspaper Collectioq Biq Mayor Amstrup asked the City Manager to contact the people who are responsible for the van at California Drive and Oak Grove Avenue used as a public drop for collection of newspapers, he stated that the area is again becoming unsightly because the papers are not placed inside the van. NEW BUSINESS 1 Soccer Facilities at Bayside Park Mayor Anstrup reported that he has been approached by a Mr. Celesino Romoli who wishes to address Council concerning the soccer football practice field at the new city park. Following some comments from Mr. Romoli, Council agreed that the matter should be explored at the study meeting and that a rePre- sentative of the Recreation Department should be present. Councilman Mangini suggested inviting the Park and Recreation Commission also. The City Manager lras requested to inform Mr. Romoli of the date of the study meeting. 2. Proposed Development Lands of Melba M.Riley The City Council heard a report from the City Engineer concerning a project proposed to be developed on the lands of Melba M.RiIey, Iying-betwLen-Bayshore Highway and the bay, involving certain public improvements and easements for purposes of utilities and ingress and egress. Council reviewed copies of the parcel maprand discussed provisions for circulation of traffic. RESOLUTION NO. 73-7L "Authorizing Execution Of Agreement For -{ Improvement,s On Acceptance O f Final Parcel I'lap" was introduced 181 by Councilman crosby, who moved its adoPtion, seconded by Council- itan Johnson, and carri.ed unanimously on ro11 call. RESoLUTION No. 74-71 "Authorizin g Acceptance Of Grant Of Easement" was introduCeil foi passage on motion of counc ilman Johnson, seconded by Councilman l.{artin and carried unanimously on roII call. A Mr. Ratto asked for Councilts assistance in resolving diffi- culties he is experiencing in collecting funds that are due from the tenants who will operate the restaurant that is proposed to be built on the property, to whom he sold a liquor license. The Citythe cityever, th number o close an Attorney stated that this is not a matter of concern to but betrreen Mrs. Riley and Mr. Rattoi he explained, hor^r- at the project has been very complex and there are a f problems to be resolved before the transaction will d the funds are released by the title company. Study Meeting Date January L2, L972, eras selected as the date of the next Council study meeting. The City lrlanager waE requested to Place the matter of a meeting between Council and the Art/Cultural Center Committee on the study meeting agenda. ACXNOWLEDGMENTS f. Communication December 7, L97L, Inspector for his benef i t . from Children's Health Home Auxiliary, dated expressing appreciation to the Chief Building assistance during the recent Haunted House 2. Communication from Senator John v. Tunney concerning emergency unemployment comPensation. 3. l.tinutes: Beautifi,cation Commission, November 4, Health, Safety & Traffic Commission, December 9, Planning Commission, December 13, 1971. Police and Fire Department reports for November, 1971. APPROVALS warrants - Nos. 9191 through 9446 in the amount of $326,610.66,duly audited, were authorized for payment on motion of Councilman Mangini, seconded by Councilman Crosby and unanimously carried. Payroll checks - Nos. 20681 through 20780 and 200I through 2586,for November, 1971, in the amount of $236,957.95, Itere approved on motion of Counci lman Mangini, seconded by Councilman Crosby and unanimously carried. Councilman Johnson extended congratulations to the City Manager on the birth of a grandson. Councilman Mangini expressed appreciation on behalf of his family for Council's actj.on in adjourni.ng its Iast regular meeting in respect to the memory of his father. Mayor Amstrup adjourned the meeting at 12 Midnight to an Executive Session immediately thereafter. pectfully submi tted APPROVED: I ng Amstrup, M or Res te c t cle rk ADJOURNMENT