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HomeMy WebLinkAboutMin - CC - 1993.10.0441 BIJRLINGAME, CALIFORNIA October 4, 1993 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. The meeting was called to order at7 3L p.m.by Mayor Harrison. PLEDGE OF ALLEGIANCE TO THE FLAG lrd by the Fire Chief, Malcolm Towns ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, KNIGHT, LEMBI, O'MAHONY, PAGLIARO NONE MINUTES The minutes of the Regular Meeting of September 20, 1993 and the Study Meeting of September 22, 1993 were unanimously approved. PUBLIC HEARING - REVIEW OF REDESIGN OF HOUSE AND HEIGHT VARIANCE FOR ADDITION AT 1369 BERNAL - RESOLUTION 71-93 APPROVING SAME City Planner reviewed her memo of September 24,1993 which recommended council hold a public hearing and take action. The applicant, Pat O'Connor, has submitted a new design for a new five bedroom, four bath house. The proposed project needs a height variance for 35 feet, 9 inches, where code allows a maximum of 30 feet (the previous design requested a height variance of 39 feet, 6 inches). The new project has been pushed back on the lot over nine feet further than the first design which was denied without prejudice; the new project has a 36 foot front setback and the side setbacks have been increased by inches on both sides. With the new design lot coverage increased from 34 to 39 percent (40 percent being maximum allowed). One leffer from Charles Penner, 1364 Bernal, was received after preparation of the staff report. She responded to council questions about the plot plans showing setback lines and the driveway location. Mayor Harrison opened the public hearing. Jerry Deal, designer representing applicant, showed visuals of previous and new elevations and various roof pitch designs; reviewed council direction from previous meeting and felt they have met requirements by moving structure back on lot, changing roof pitch and reducing height; because of slope of lot there are special circumstances; he responded to council questions. Bill Schinagl,3022 Hillside, said he thought the house was too big for the lot; since city has a height restriction the building should be kept within those limits. Mike Bates, 1373 Bernal, asked about height and location of retaining walls and amount of excavation for site. Deal rebutted, noting the city allows for variances because no two lots are exactly the same; he told about excavation work and retaining walls. Mayor Harrison closed the public hearing. Council noted the applicant has attempted to address council direction and there is great improve- ment over previous design; this is a difficult lot because of slope; there was lengthy discussion of front chimney location and its effect on the appearance of the width of the house; all houses on the 42 block seem to loom over street and others are same height as this proposal; suggested change of chimney to push into the house and lessen its impact; designer agreed it could be moved into the living room reducing the visual width of the house. Councilman kmbi moved to approve the design by adoption of RESOLUTION 71-93 with conditions and additionally add to condition one that the front chimney be relocated so that it projects about halfway into the room and visually moves toward the house to reduce the apparent width of the structure. Councilwoman O'Mahony seconded the motion which carried unanimously on ro11 call vote. City Planner rbviewed her memo of September 24 which recommended council hold a public hearing and take action. David Connor, applicant, and Don Sabatini, property owner, are requesting a parking variance for 39 spaces and a special permit for billiards for a micro brewery restaurant at this site in the Burlingame Avenue Commercial Area, Subarea B. They propose to remodel the structures and develop a new eating establishment with an on-site micro brewery. The restaurant will have 37 tables in the 5,249 SF indoor and 585 SF outdoor eatrng areas. The restaurant and brewery are allowed in this area, the billiards require a special permit. The proposed restaurant is a substantial increase in parking requirements from the previous use (a car dealer) and requires 45 parking spaces. The applicant is providing 6 on-site parking spaces, therefore a 39 space variance is required. The applicant did two parking studies. The Planning Commission voted to grant the request at its September 13 meeting; Councilwoman Knight called it up for review. City Planner responded to council questions; site is in Subarea B which does not have limitation on number of restaurants; why remove parking spaces to put in outdoor dining when they need a parking variance; first parking study included entire Burlingame Avenue area, second study was within 400 feet of site. Mayor Harrison opened the public hearing. David Connor, applicant, said billiards are for entertainment of patrons after dinner; felt this would draw customers into the city; he has been in hotel business in area for t2 years; hotels will shuttle people to restaurant; any project at the site would need a parkrng variance; this would be high class business. Council asked how children would be kept from billiards, about 3:00 p.m. start for billiards; the patio dining area could be eliminated if necessary but would only gain one parking space if it were eliminated; Clty Planner explained parking space size and handicap requirements; council asked about odors from brewery. Cory Jensen, applicant from Eugene Oregon, said he had been in restaurant business for 30 years, named many organizations to which he belonged and his qualifications; brewery would be only small part of restaurant site; would be glassed off from table area; his other brewery has never had odor complaints. Councilman Pagliaro asked if Jensen would agree to stop brewing if there were an odor complaint to city; Jensen said he would want specific guidelines about odor, wondered who would decide about odor; council asked about sewer permits and hauling of waste, Public Works Director explained; asked about beer consumption, lunch hours; Jensen said most beer is consumed in evening; council discussed city smoking laws; Jensen said bar and pool areas would be posted about age restrictions; they plan to restore this historic building, the building has been empty for over two years; he believed outdoor seating was essential for restaurant. Tevis Martin, attorney representing property owner, reviewed history and changes in area, this remodel and business would be a change for the better; there will be seismic upgrade; applicant is providing 6 parking spaces and 3 more would be provided with curb changes on California; he believed lack of parking is PUBLIC HEARING - REVIEW OF SPECIAL PERMIT AND PARKING VARIANCE FOR A MICRO BREWERY RESTAURANT WITH BILLIARDS AT 321-333 CALIFORNIA DRIVE - RESOLUTION 72-93 APPROVING SAME 43 grandfathered into the site; he was asked how many adjacent properties Sabatini owns, Martin did not know. Speaking in opposition was Edith May, 1548 Drake and owner of Bowers Art Store on Lorton; Marilyn Schmidt, Nathan's Restaurant; William Schinagl, 3022 Hillside; Mike Spinelli, 1301 Mills; Glenn Mendelson, 475 Cumberland. They told of difficulty in parking in area; not opposed to business just to parking variance; strong security needed to keep children from billiards; don't need another restaurant; concern about odor; parking studies were done in August, slowest business time; great restaurant idea but wrong location for iU perhaps should require underground parking. Applicant Jensen said he would agree to any reasonable requirements about odor control. The hearing was closed. Councilwoman Knight said she called this up for review because of parking concerns; noted Sabatini also owns the Stacks Restaurant site and she knew the owner of that business objected to this proposal; this is very intensive use; the previous billiard hall approval was not a sit-down restaurant; area is impacted at lunch hour but parking is difficult to find at night too; she thought a less intensive use would be better for site. Councilman Pagliaro was concerned about the billiards and bar and students; also the odors that might emit from brewery; there are residents living above stores across the street. Councilwoman O'Mahony spoke about parking and subareas, perhaps need to review; agreed outdoor eating has special ambiance; she was concerned about billiards, did not feel comfortable with project. Councilman kmbi was amazed at negative comments; he has known applicant Connor for several years through the Convention & Visitors Bureau; he appreciated Cory Jensen introducing himself because he is new to this area and wants to show his experience; this project would be a first class operation; he felt Donnelly Square fitness center is the major parking offender; if council is concerned about bringing in business and improving area, this project should be allowed; building has been empty for two years, this applicant is willing to invest $1 million into improvements; would be good for the city; regarding odor, he was sure it could be controlled; regarding children, he was sure posting the premises and enforcing age limits would work, they would not want to jeopardize their investment by not complying; thought majority of parking would be at night. City Attorney reviewed our "reasonable man" rules about complaints regarding odor or noise, he felt there would be no problem enforcing. Councilwoman Knight noted many other unreinforced masonry buildings will need similar repairs and if this project is allowed we would need to be fair to others. Councilman kmbi said regarding audience comments about parking, any successful business will bring in traffic and parking, there is nowhere to put more parking lots, we may have to build another parking garuge. Councilwoman O'Mahony asked about parking requirements in Subareas A and B. Mayor Harrison said this project is exciting and he was happy to hear about gaining three curb parking spaces from Tevis Martin's comments about filling curb cuts; he also agreed it may be time for council to study parking in Subareas A and B. Councilman Pagliaro moved to uphold the Planning Commission approval by adoption of RESOLUTION 72-93 with conditions in staff report including a change to condition 3 to not allow billiards before 5:00 p.m. and a change to condition 7 that if an odor complaint is confirmed by the designated city staff the brewing activity on site shall cease until the odor problem is resolved. The motion was seconded by Councilman kmbi and carried 4-1 on roll call vote, Councilwoman Knight voting no. AMUSEMENT PERMIT FOR BILLIARDS AT MICRO-BREWERY AT 321-333 CALIFORNIA City Attorney reviewed his memo of September 30 which recommended council approve this application for a review six months after opening, subject to conditions regarding minors and gambling, and incorporating the conditions of granting the above restaurant and parking variance. The applicant proposes six billiard tables as part of the restaurant business. It was moved and 44 seconded to approve the amusement permit. The motion carried 4-1 on roll call vote, Council- woman Knight voting no. PRESENTATION OF PROCLAMATION HONORING KAREN KEY ON HER RETIREMENT FROM THE CHAMBER OF COMMERCE Mayor Harrison asked Karen Key, recently retired executive director of the Burlingame Chamber of Commerce, to come forward; he read the proclamation and presented it to Karen with thanks for her years of work and effort for the city; during her tenure the chamber grew from 100 members to 500 members. She received a round of applause and she thanked council. PUBLIC COMMENTS Joe Karp, merchant, complimented Karen Key and noted he was on the Chamber Board when Karen was hired; she has done a great job; he then introduced the new executive director, Georgette Naylor. William Schinagl, 3022 Hillside, council candidate, said he has noticed graffiti on public propefty which he hated to see. Mayor explained city law regarding removal and that crews remove graffiti within days. PROPOSED NEW REGULATIONS AND REZONING OF INDUSTRIAL AREAS EAST OF HIGHWAY 101 - REFER TO STUDY City Planner reviewed her memo of September 29 which recommended council discuss and possibly introduce a proposed ordinance to create a new zoning district which is presently zoned M-l on the east side of 101 . lrr1992 the Chamber's Office Council wrote to council expressing concern about the business climate in the area east of 101. A group of five property owners/managers was appointed by the Office Council as a subcommittee to work with city staff in reviewing regulations; subsequently staff drafted a proposed ordinance for a new O/M (office/manufacturing) district which is more performance based, encourages office type activities, allows retail activities which support office uses and works to develop a better interface between the light industrial and waterfront commercial areas. She noted a letter received from the office council which included some minority reports. Council discussed retail service uses, gas stations, concern about fast-food business; City Planner responded and noted the focus of the office council was to simplify procedures. After discussion, council asked that this matter be continued to the November 17 study meeting for further discussion. Councilwoman O'Mahony asked about 820 Malcolm. CANCELLATION OF OCTOBER 20 STUDY MEETING City Manager's memo of September 27 suggested council cancel the upcoming study meeting since we only have one tentative item regarding satellite dish antennas which could be placed on the regular meeting agenda. It was moved by Councilman Pagliaro, seconded by Councilman kmbi and carried unanimously, to cancel the study meeting. REPORT ON BURLINGAME AVENUE STREET LIGHTING Public Works Director reviewed his memo of September 28 which recommended council review information on antique style light poles to replace those now on Burlingame Avenue; costs would run between $190,000 and $225,000; there are currently no budgeted funds for this type project. 45 b Councilman Pagliaro asked about uses for existing light poles if they were removed; staff said they could be removed and stored to be used to replace damaged lights in Bayshore area. Councilman Pagliaro asked the Chamber to set up a meeting of some merchants to discuss this issue. CONSENT CALENDAR a. RESOLUTION 73-93 - AUTHORIZING AGREEMENT WITH SACRAMENTO SAVINGS Finance Director's memo of September 20 recommended council approve an agreement with Sacramento Savings as an alternative for employees' deferred compensation funds. RESOLUTION 74-93 - AUTHORIZING AGREEMENT FOR RENTAL OF CITY LAND FOR BEE KEEPING City Manager's memo of September 27 recommended council approve an agreement with Marc Maas, a Burlingame bee keeper to rent an unused portion of city land between I-280 and Skyline for bee keeping; Maas would pay $10 a month and would provide the city with bee removal services on city property. RESOLUTION 75-93 - ACCEPTING COMPLETION OF 1993 STREET RESURFACING - cP 92t7 Public Works memo of September 28 recommended council accept this street resurfacing job as completed by G. Bortolotto and Company in the amount of $426,356. d. APPROVAL OF OUT-OF-STATE TRAVEL - PUBLIC WORKS SUPERINTENDENT Public Works' memo of September 28 recommended council approve attending the meeting of the American Water Works Association in Reno, Nevada on October 26-29, 1993. TENTATIVE PARCEL MAP TO COMBINE FIVE LOTS INTO ONE PARCEL AT 620 AIRPORT BOULEVARD Public Works' memo of September 29 recommended council concur with the Planning Commission and approve this tentative map subject to four conditions. Councilwoman Knight moved approval of the Consent Calendar. Seconded by Councilwoman O'Mahony and carried unanimously. Mayor Harrison told about recent meetings of ALUC and the Convention Bureau. OLD BUSINESS Auto Dealer Sign: Councilman Pagliaro said the deadline has passed for the auto dealer on Broadway to apply for a revised sign permit for the changeable sign. City Attorney said he would begin sign permit revocation process. c e COUNCIL COMMITTEE REPORTS 46 Fitness Center: Councilman I"rmbi commented on the impact the Donnelly Square Fitness Center has upon parking in that area, this is more of a classroom business. City Planner noted this use is governed by a special use permit. Library: Councilwoman Knight said she is constantly being told by constituents that they did not wart to see our library torn down; she thought council had discussed replication and that it would be helpful for the council and library board to meet with the public on this issue. Staff said the library architect would bring three models to the November study meeting to help council visualize proposals, perhaps the library board could attend. Political Signs: Councilwoman Knight hoped all candidates were aware of city requirements regarding political sign permits and where signs could be placed. NEW BUSINESS Mayor Harrison set a water appeal from 3060 Atwater for the next meeting, October 18. kaf Blowers: Councilman Pagliaro noted a letter from Dolores Huajardo regarding noisy leaf blowers; Mayor said this issue was brought up at a recent Burlingame Homeowner's meeting and since only a couple in audience were even interested, the matter was dropped. Council asked that this issue be reviewed in early L994. a.Commission Minutes: Senior, September 16; Traffic, Safety, Parking, September 9; Park and Recreation, September L6; Library Board, September 21; Planning, September 27, L993. b. lrtter from Dolores Huajardo regarding leaf blowers. c. ktter from Kenneth Rumbaugh complaining about "Art on the Avenue. " d. letter from Richard Ehikian requesting hearing regarding 264 Hatch Lane. Council asked the City Attorney to respond to Ehikian's letters. RECYCLING IN CONDOS AND APARTMENTS Councilwoman Knight had received a request that the city require apartments to recycle. Staff noted BFI does provide recycling services to aparffnents and condos, but some older apartments do not have space to provide for recycling carts. ADJOURNMENT IN MEMORY OF PRESTON A. POPE Mayor Harrison noted with regret the tragic accident which claimed the life of his friend and long- time Burlingame Lions Club member Preston Pope. The Mayor asked for a moment of silence and Malfatti then adjourned the meeting in memory of Preston Pope at 10:38 p.m. City Clerk