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HomeMy WebLinkAboutMin - CC - 1966.05.02385 Burlingane, california t{ay 2, 1966 A regular neeting of the Burlingarne city Council was held on the above given date. lte€ting called to order at 8:0O p.m., - Hayor George in the Chair. PLEDGE OF ALLEGIN{CE At worrdl fro the Chair, all in the Council Chanber arose anal gave the Pledge of Nlegianc€ to the Plag. Present - Councilmen: lbaent - Councilnen: Cro sby-D iede r ich sen-George-John son-ltart in . None I.IINUTES Ihe litinutes of the regular neeting of April 18 ard the minutes of the neeting canvasaing election returns, April 19, rrere approved and adopted. BrDS - RESTTRFACTNG Crllr STREETS (S.S.10?-108-11) Contractorr a proposala received and opened epril 28, 1966, llro0 a.n., for tlre city's annual atreet inproveoent progran, aa per bid advertise- ment, were declared as follous 3 L. C. SBith Co. Bragato Paving Co. Loryrie Paving Co. Fisk, Pirenze & llclrean Co. $ 97,7r1 .87 lo1, 351 . 90 I02,802.17 LO2,97L.O2 Engineer's Estinate $LzL,25O.44 Ihe Chair, aacertaining that the bids were received and verified, referred to the Director of Public works' rec@endation that the contract be asarded to the loweat reaponsible bidder, the L. C. snith coepany, Incorporated, in the total amount of $97,711.87. including both Schedules A aod B. RESOLUTION NO. 28-66 "Awardi n9 contract for Reaurfacing l.tiecellaneoua city Streets, ilob No. 65-U - s.s. 1O7-IO8-I11" (L. c. snith Co., $97,711.8?) rras introduced for passage on motion of Councilman croBby, geconded by Councilrnan irohnson and unanimously adopted upon Roll call. Ihe city Bngineer, advieing that the 1o bid under Schedul.e A, to be financed from a budgeted allocation of 960,OOO.O0. amounts to 946,531.55, requested authorization to u6e the remainder to aervice other City streets. In reply to council, the city Engineer confirmed that funds will be expended not to exceed the budgeted $60.000.00 and that a provision for the additional street work hae been included in the specifi.cations. T'hera being no objections, the proposal of the City Engineer waa appaoved. IIEARIIIG - FRAI{-SI.|OOK-GARD C0RP. APPEAL RE: TENTATIVE IIIAP II{ILLS ESTATE NO . 2 7 the Chair announced that this wag the t ime and place scheduled to conduct a ptrblic hearing on an action of the Planning Comisaion in rejecting a Tentative ltap of ltills EEtate No. 27, as appealed by the Fra.D-Smook- Gard corp., owners of the aubject property. CAI.L TO ORDER ROI,L CALL BIDDER IOTAIJ BID 386 Ground rules to include statements fron proponents, opponents, menbers of the City staff and the City Council were set forth by Mayor ceorge. The City Clerk advised that a petition, dated lltay I, 1956, bearing the signaturea of thirty-three ltills Estate residents, and filed on this date, requested that a public walkt ay be constructed to pernit an ingreea and egress frou litille Bstate No. 27 to tlre t{i118 canyon wild- life area. The city Attorney, to clarify procedural reguirements, atated that the findings of the Planning Comiseion with respect to tentative mapa are automatically referred to Council for final determination and recomended that the appeal and the report from the Planning comisaion be considered s imultaneously. Council concurring, cormunicatione from A. J. Franzi, l{. D., President, Frarn-Snook-card corp., dated April 14, 1966, appealing the recmendation of the Planning Couuission to deny the application to subdivide property in lt{ills Estate (Ho. 2?) and fron the City Planner, dated April 14, 1966, reporting the action of said Comisaion in rejecting the tentative map, were acknorrledged. iltre privilege of the Floor rras first extended to Dr. A. J. Pranzi,, the appellant. Dr. Sranzi advieed of the purchase of the land early in 1955i that the original intention was to construct a rotd on the lorrer portion of the property but later revised. after coneultatione with the city Engineer and the City Planner, to construct the road in the upper portion; the originally proposed seventeen lot eubdivision has been reduced to a total of fourteen lots; the minimun-eized lota are 8,4OO square feet, in excesa of code requirements; a landscaped green belt area has b€en planned; the proposed subdi.vieion shall involve varianceg in the length of the cul-de-sac and the width of the Etreeti to compensate for the latter, it is proposed (I) to construct homes only along the c.rnyon side of the streeti (2) to conatruct a thirty-foot street, per:nitting two eleven-foot travel lanes for traffic and eight feet for parking by (3) re8trlcting parking on one side of the streeti and to cornply with the Chief of the Fire DepartEent's recomendation, three fire hydrants shall be placed within the area. Dr. Franzi stated that in hia opinion, the plan propoaed ia a practical onei a reduction from fourteen 1ot6 to trrelve lots would not appreciably relieve the traffic congeation; the subdivision ag propo8ed would add between $7,OOO to $8,O0O to the tax roIls, and in concluding hia presentation, stated that he would be willing to deed a portion of the land to provide an acc€sa to and from the canyon wi.ld-life area. lltrere be ing no further proponents to speak, the Chair recognized ttr. williaD Kaplan, 27Ol Arguello Avenue, President, tti115 88tate Ho|[le mers' Asaociation. Irtr. Kap1an stated that the development of the property in a "proper rray, would not be a detrinent to the area" i that the lots should be comparable in value to the existing view lotsi the 8,400 square footage lota, becauae of the slope of the land, limitE the excavation pad areai a frontage of sixty-five feet proposed for some of the lots is not compatible with the eighty feet or more prevelant in the ttlille Estater a sixty-five foot frontage together witlr the slope of the area is likely to cause a greater obstruction to the vi* enjoyed by abutting lr{i118 Estate properties (t.till8 #lI); that if the lot aizes rrere increaeed and the street tras Eade wider, the traffic trpuld be rcre "c@fortable" r that there ig no he ight limitation except ttrat affecting R-l Zoning (35 feet); eurrounding hones are one story fr@ the front curb (or less) and it was therefor reconraended that a deed reatriction include that "all hoea be linited to a height of onestory" to eliminate the incunbent reduction of privacy to abutting ProPerties. In a sumarization, l{r. Kaplan recounended that (1) the proposed 'Irtille Canyon Court' road be sidened and the "degree of drop', reduced;(2) an accesa to the wild-life canyon area be provided; and (3) the extension of Granada Drive and the area itoned iately to the west be tnore suitably graded. l,lr. ilhomaa Z. ttar8hall , 27LS uartinez Drive, Hr. Robert w. Bailey, 2819 Argruello Drive, l,trs. D. ll. Teixeira, 160l cranada Drive and Urs. J. P. Chaney, 2927 Arguello Drive, all with .butting properties within Irtills Estate No. 11, each stated their individual objection, comenting on the proximity of the proposed street to their respective hones as an "invasion of property"; the construction of a hone in exceaa of a one-story dselling obstructing their views; the responaibility in naintaiaing the proposed green belt area artd the question of a guarantee to assure that the area will not include a planting that will gro$ to a height to obstruct the view; that the proposed street willjoin cranada Drive, a level atreet, with lt{artinez Drive, a steeply- inclined street, creating four "blind" corners and a potential traffic hazardi and nore fuiportantly, the issue of drainage and the possibility of further land "slippage. " !lr. alames S. Schupp. engineer for the project, in replying to iasuea of concern, stated that (1) the developnent of the property has been so desigmed to conform with the existing grade; (2) a narrow street ia proposed to accomodate hones only on one aide and to permit an addit ional four feet for driving; (3) because tha developnent shall conforn to existing down-slopes, the home s will be one-storiedr (4) a ten-foot eaaement will be included in tlre plans to provide access to the canyon area; (5) the overall density approximatea three lots per acrei there will be no drainage into private property and in referring to a drawing posted, explained the catch basin system proposed, adding that tlre lratera vould drain into an exi8ting storm drain facility and into the creek. ttr. schupp, in reply to councilnan croaby, advised that a registered landscape ardritect has recormended a low-growing plant covering, including an "erosian-type" ivy to alleviate seepager a sprinkler system will. be installed and the develogers have agreed to include in their deeds of gale a proviaion that the home ownere shall becone rnembe rs of an areal "maintenance district" to maintain the green belt. Replying to further inquiries fron the Ploor on the issue of drainage and the prevelance of existing aprings in the adjoining area, t{r. Schupp Btated that a gualified soil engineer sill be engaged and his findinge subnitted to thc developer. lfhere being no further co nents fro the audience, llayor George referred to Council. Councilman Diederichsen spoke of his personal visitation to the area and questioned the City Attorney wtether R-I DiEtrict regulati.ona aet forth deed reatrictiona on the height8 of the hooea. I'he city Attorney replied negatively, stating that the subject is strictly betrreen the l and developer and ttre purchase and one in whj.ch the City does not becone a participant. The city Planner, in reply to Councilman Diederidraen, advised that the subject property wa6 not included in the original design of the llills Estate and that it was hia inpreasion that the original developers intended to deed the area to the City; hmever, it was not accomplished and the property sold aa acreage under the classification of R-I zoning. 387 388 Councilman Diederichsen suggested that a minimum seventy-foot frontage would encourage builders to conEtruct a "wider" house; that the developer provide additional fire hydrants to protect adjacent prop- erties and electroliers to discourage prowlers and ttE t Council seriously consider remedies to prevent soil erosian in the Irtills Estate. CouncilDan John8on, c.oruaenting that the subject under discueeion ie consideration to a tentative nap and is subject to certain conditione and details, referred several inquiries to the City Angineer and to the City Planner. The City Engineer in his reply, advised that "any movement of land on private property" is the responsibility of the property oMnrer. The City Planner, in ansrrering Councilman Johnson's inquiries stated that the two cul-de-sac forming 'Iitills Canyon Court' are five hundredfifty and three hundred seventy feet respectively, and referring toprior variances approved, p€rnitting "excessive" cul-de-sacs in El Quanito Acrea and Kenmar Terrace, stated that "topography circumatances make it so. " Councilman Johnaon, continuing her statenenta, expreased the opinionthat the proposed development would be an assetr the developers and the architect have indicated a "cooperative spirit" and menbers of the City's ataff have indicated Eherr acceptance of the project. Councilman Uartin questioned Dr. Franzi concerning the "gre€n beltn area and was advised that a landscape engineer was engaged and hisplanting recomrnendations were incorporated into the project plans; a sprinkler syatem shall be provided with meters installed on bothlots 1 and 14; and that in the process of the saIe, a "maintenancedistrict" will be formed wherein all property ownera will participate in the maintenance and costs of the planted area. To Dr. Franzi's reply that oirnership of the property in the future would not guarantee that the area would be maintained with low-groningplants, Councihoan llartin suggested that this particular area be deededto the property orners at the rear of the proposed subdivision (f.fills $o. 11) as precautionary measures to safeguard their views. Councilman llartin'8 further inquiriea included: (a) Catctr basin installation on Iot 9t 1!he Engineer for the project explained the functiona of the installation. (b) Building Eeight L,initation deaignation by map: Ihe City Attorney stated that it may be made a part of the record, poseibly by a recorded document. (c) a "fourteen lot" subdivisions Dr. Franzi stated that it waa the opinion of the owners that " fourteen represented a practical figure; that the variance request is by reasonof the "layout of the land"; the center lota are nearly level, pernit- ting ease in construction, hrith additional land provided those lots having a more sloped terrain. (d) parking restri.ctione enforced: fhe City ltanager advieed that parking reatricti.ons on one side of thestreet only may re6ult in enforcement on a "conplaint basis. " 389 RECESS A recess wa6 declared by the Chair at 1O:15 p.rr. CALL IO ORDER fhe meeting was again called to order by Hayor ceorge at 10:3O p.ro. COLLEGE STI.IDENTS WELCOI{ED l.{ayor George welcomed students from the College of San Uateo in attendance a6 part of their political science study assigmments. HEARING CONTINUED - UILLS ESTATE NO. 27 llayor eeorge, in announcing the continuation of the hearing on Mills Estate No. 27, expressed his concern with the possibility of landslides and property erosion in the area and comented briefly on the concern of the Fire Chief with respect to the number of fire hydrant8 proposed. Councilman Uartin stated that in his opinion. the proposal is a "definite crowding of land that is too steep to develop lnto nomalized lots" and referred to property frontages on llartinez Drive averaging seventy-fi.ve and eighty feet, eatablishing a pattern in the area. :fhe follwing suggestions were offered by councilman Martin: 1. A soil test be obtained prior to building c-onstruction t 2. An agreement be entered into betseen the orrners of lr{ille Eatate No. 27 and adjoining Mills Estate property ounera to coordinate deed restrictionsl 3. Set-back lines be relocated to elirninate view obstruction; 4. Propoaed mininum lot frontages be increasedi 5. An additional catdr basin be installed at the corner of the proposed "uills canyon court" and the extension of, Granada Drive; and 6. A foot path, fifteen feet in width be constructed for access into the canyon area and to provide a fire access in case of emergenc:r. In conclusion, Councilman l{artin recorunended that lots be combined to establish a totaL of seven lots. councilman Diederidrsen, cmenting on the excellent building potential, stated he was not in agreement with the proposed development of the road; that the soil should be specially treated, particularly at the entrance of the property and cranada Drive and more specific information should b€ aet forth on the tentative map. Councilman crosby stated that he had no objection to the subdivision i the lot sizes proposed are above the nini-mr:m standards r that he vras concerned, hot^rever, with the excavation necessary and the effect on the alrutting propertiea and suggested that f,urther engineering information be submitted. Councilman Johnson stated that sone of Council's proposals were, in ber opinion, too drastic and reconrnended that the property be re-exaninedprior to Council action. Councilman ltartin referred to the zoning ordinance, particularly to "conditions for granting variances, " sub-section "c" stipulating that the 'lranting of variances rrould not be materially detrisental to thepublie health, Bafety or we1fare.... or the quiet enjoyment of such property or improvements, " stating that in his opinion, the tentative 390 map aa proposed would be "injurious to the improvements of other property ownerE. " Follorring a brief discussion, Councilman Cro Bby moved that the hearing be continued to the next regular meeting of Council, uay 15, and thatin the i.nterim, Council consider the isaues raised as possible conditions to the approval of the tentative map. 1[he mot ion was seconded by Councilman ilohnson and carried. 1. JOINT TRAFFIC SIGNAL INSTALLATION A corulunication was acknowledged from the City Manager, under date ofApril 28, 1956, reporting that the City's Traffic Department hag reviewed and approved the warrants for signals at the Peninsula AveDue intersections of Dt ight Road and Euttrboldt Road, and an agreement to be prepared by the City of San ateo proposing a joint city project ehall be presented to Council for action. 2. S IDEIYALK REPORT PROGRA}I APPROVED A communication was received from the City fhgineer, dated April 28, 1966, bearing a certification from the City l,tanager, also dated April 28, 1966, advising that the City's Sidet alk Repair progran, under contract to U. Peira and Son haa been satisfactorily completed. RESOLUTION !{o. 29-66 "Acce pting Sidewalk Repair Program - 1965-66, irob No. 65-19" (U. Peira & Son) was introduced for passage on notion of Councilman ilohnson, seconded tD/ Councilman Crosby and unani.mously adopted by RoU CaIl vote. 3. IIIILLS ASTATE SUBDIVISION I}IPROVEII{ENTS A memo from the City [anager, dated April 28, 1965, adviaed that the Director of Public Works has reported that c.ompletion of iDprovements and the repair of faulty construction and damage to the j.mprovenents in lfills Estate No. 2 3 and No. 2 5 , has conrenced . f'he City Engineer, in a verbal report, referred to a tetter received from Ur. alalnes ar. Roermer, Eichler Corporation representative, dated April 26, 1966, confirming the rrork to be courple ted and requested Council instruction concerning the type of street resurfacing desired. Council concurred hrith the recomtendation of Councilman Martin that a one-inch resurfacing be placed on Escalante Drive. 4. MAYORS-COT'NCILIITEN INSTITUTE An announcement from the League of California Cities pertaining to a llayors-Councilmen Inatitute in l.{onterey, nay 22-25, L966, was acknow- ledged and Council members desiring to attend requested to notify the City ltanager. 5. APPEAL RE: VARIAT{CE 212 AIIITA ROAD A comrunication from !lr. and !lrs. Joseph Arnaudo, 1004 N. Hutriboldt st., San Uateo, dated April 2A, L966, appealing the decision of the planning Cosmiaaion in denying a variance to permit the conatruction of an apartment building on their property at 212 Anita Road, Burlingarne, was acl<nwledged and a publie hearing acheduled before Council at its regular meeting, ttay 16, 1966. CO}TMI,'NICATIONS 391 5. DAIICING PERI,IIT REII'EST A cormunication was received frm ceorge F. Elliott, partner in "IhePutter" 1817-1819 El camino Real, dated April 18, 1966, reguesting that a dance permit be issued the establishment. ur. Elliott, in attendance, and in reply to council inquiries, atated that the pennit was not renewed in 1965 because of the excessive coet of the excise taxt with the rernoval of the tax, it is requested that the former permit be reinstated; and that since Auguat of 1965, he has become a part-erner of the business. Tte subject was referred for report to Council as to the Police, Fire and Health Departnents required by City ordinance. 7 TENTATIVE MAP EDWARD R. JOHNSTCIN A cqmunication was read fron the City Planner, dated April 26, L966, advieing that the Planning CoEaisaion has approved the resubdiviaion of a parcel of land into three lots, owrred by Edward R. ilohnston on La ltle sa Drive, subject to certain conditions; the lots front on a thirty-foot aection of a street of whidr the najor portion slipped into the canyon aome years ago; because of the rridth and grade an extension of the street cannot be constructed and the subdivider has proposed a drivetray eaaement to serve two lots of wh ich the City rrould be nade an oh,ner of the eas€otent i portions of the utility easementa will lie in the driveway eaaenent and it was the recotmendation of his office and that of the City Engineer, that the entire drivenay easement be made a public utility easement. councilman Johnson and Councilman crosby voiced their individual approval to the proposed subdivision of property. Councilman l.{artin referred to two gimilar resubdivisions currently before Council for consideration, that of lY. F. Rhoads on La lr{esa Drive and Dr. A. J. Franzi in the ltill8 Estate, stating that eadr proposes "too nany lots" in relation to the acreage and that it was his intention to vote *no" on the tentative map. Councilman Diederichsen, relating his personal visitation to the properties of !lr. Johnston and the neighboring properties of !1r. Rhoads, expreaeed his disapproval to both be ing served by an ingresa of a type roadway not conducive to good planning and that the plans for the entrance can be irryroved upon. Councifunan Diederichsen further expressed apprehension that approval to the tentative map of the Johnston resubdivision would serve as an incentive to other property ownera in the area to submit eimilar requests. A general discussion thereafter included references to the matter of acceaa to certain of the lots to be reeubdivided over property belonging to the City of Burlingane and to conditions recmended by the city Attorney in his letter to the Planning Comission under date of April 11, 1966, and the increaee in the density of the area by the propoeed creation of additional building lote. A motion lraa thereafter introduced by Councilman Diederichsen that the resubdivision aa requested by I{r. Edward R. ilohnston be denied and that further consideration be given btr the applicant to a more degirable treatment of the area. llhe motion was seconded by Councilman l,tartin and a Roll call vote recorded as follows: Ayess Councilmen: Diederichsen-George-I{artin. Noes: Councilmen: crosby-ilohnaon. LA I,iESA DRIVE RESUBDIVISION 3y^2 W. F. RHOADS RESUBDIVISION LA UESA DRIVE Councilman l.lart in moved l53O La uesa Drive, for parcels, before Council The motion was seconded the follor^ring RoIl call Councilmen: councilmen: that the requeat of tlr. lI. F. Rhoads, a resubdivision of hia property into four at the laat regular meeting, be disapproved. by councilman Diederidlsen and carried by vote: Diederichsen-c€orge-I{art j.n. crosby-.rohnson. RESOLUTIONS None ORDINAIiICE S None ACKNOWLEDGT{ENTS Mayor George acknowledged receipt of Uinutes frqr the Planning Com- mission and fron the Library Board. T'NFINISEED BUSINESS None NEW BUSINESS CHURCH DI RECIIONAL SIGN REQUEST A memo from the City l,ianager, dated April 29, 1966, advised ttrat the Lutheran Churclr of the cood Shepherd has requested permission to place a directional sign at the northeaat corner of PeninEula Avenue and Channing Road. A rec@nendation frm the City l{anager ttrat the request be approved, was concurred in by council. UILLS HIGH SCH@L STT'DENT REOUEST Councilman ltartin advieed of an inquiry recei.ved from students attending uius High School but living in the City of Burlingame concerning their participation in a local " Student Government Day. " llhe subject was referred to the City trtanager for repo* to Council. ADi'OI'RIUIENT Ihe meeting was regularly adjourned at 12:50 p.n. Respectfully subsitted, APPROVED:EERBERT K. WHITE, CIIY CLERX a**e EDWARD D. GEO F,uavo{ Ayes: Noes: 1. tA- -(-