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
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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
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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
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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.
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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
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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