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