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HomeMy WebLinkAboutMin - CC - 1994.02.0790 BIJRLINGAME, CALIFORNIA February 7,1994 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 at7:30 p.m.by Mayor O'Mahony PLEDGE OF ALLEGIANCE TO THE FLAG kd by Marilyn Short, Burlingame Historical Society. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI NONE MINUTES The minutes of the Regular Meeting of January 19, 1994 were approved 4-0 on motion of Councilwoman Knight, second by Councilman Spinelli, Councilman Harrison abstaining because he was absent from that meeting. The minutes of the Study Meeting of January 22, 1994 were approved on motion of Councilman Harrison, seconded by Councilman Pagliaro and carried 5-0. CEREMONIAL MATTERS Mayor O'Mahony presented three awards: (1) A police commendation to Joe Ramos, city street sweeper, who noticed some suspicious activity during his early morning rounds and called the police who apprehended burglars at an Oak Grove Avenue store. (2) A proclamation to Steve Haag commending Haag & Haag Photo for water conservation; they installed a new film processor which reduced their water usage by 98 percent. (3) A proclamation commending the San Francisco Forty Niners on the exciting and successful season. R.C. Owens, former football star who is now with the Public Relations Department of the Forty Niners, was present to accept the award. PUBLIC HEARING - APPEAL FOR NEGATIVE DECLARATION AND RESIDENTIAL CONDOMINIUM PERMIT FOR A 19 UNIT CONDOMINIUM AT 808-820 EL CAMINO REAL AND MAPS FOR SAME PROJECT - CONTINUED TO MARCH 7. 1994 City Planner reviewed her memo of December 6 which recommended council hold a public hearing and take action. The applicant is requesting a negative declaration, condominium permit and tentative map approval in order to build a 19 unit residential condo project at 808, 812 and 820 El Camino Real, zoned R-3. The proposed three story structure would include 19 two bedroom, two bath units ranging in size from 1200 SF to 1465 SF. The 38 required parking spaces are provided, four at grade and 34 in a secured below grade garage. The site includes a species redwood tree which would require protective measures during construction; the root system of a large maple tree on adjacent property would also need to be protected. The Planning Commission approved the negative declaration but denied the condominium permit and recommended denial of the maps to council. In response to council questions, she reviewed the history of this site; this is the third revision of plans for a condominium project, the first plan was for two lots at 812 and 820 and 91 included removal of the redwood tree; the second design was for a four story project on two lots retaining the redwood tree; this latest design uses three lots and reduces the project to a three story building and 19 units, and provides egress from the parking garage through the church parking lot onto Palm Avenue; the church on Palm is zoned R-l but the parking lot is zoned R-3; egress could be to El Camino but might be less safe because of lack of visibility; if retaining wall on El Camino was removed the sidewalk grade would have to meet safety requirements; two handicap parking spaces are provided on the project, only one is required. Mayor O'Mahony opened the public hearing. John Ward, consultant representing the property owners, introduced his associates and the owners; asked council to look at the "big picture" that this project is providing housing opporilnities for people who could not afford to purchase a single family home in Burlingame; El Camino is a transition zone between single family residential and El Camino, a state highway; old houses are being phased out on El Camino and apartments and condos are built as a buffer to the single family homes; told of meeting he had with residents of area; traffic consultant concluded there would be little impact from this project; a drainage report was presented to council stating little effect on downstream drainage from this project if the size of catch basin were enlarged; visual impact would be slight except for the three houses at the rear of lot; showed photos showing condition of houses presently on the three lots proposed for the project; the property owners are willing to reduce the size of the project to 18 units by removing the large third story center unit and would relocate the ramp to the front; he showed drawing of the rear elevation of the changed project. Michael McCracken, attorney for applicants, addressed the negative declaration which *i, ,pprored by the Planning Commission; the project complies with the General Plan and zoning laws; regarding the easement from the church, he said it has been finalized and is an easement in perpetuity. Councilman Pagliaro asked about upkeep of the easement and parking lot; McCracken responded the easement would be maintained by this developer or the property owners, but the parking lot must be maintained by its owner. Alex and Natasha Novosolov, property owners, said they had come to America 13 years ago with nothing, had worked hard and become successful in business; they have hired professional help to assist with this project and assure compliance with laws; have invested lots of time and money; rcalue this is emotional issue for neighbors; willing to reduce to 18 units and provide safe exit through parking lot; he believed this project would be good for the neighborhood; he could build an apartrnent house which would not be as good for neighbors. Ray Holt, pastor of the First Baptist Church, said his church had sold the easement to the adjacent property owner; church was fully aware of the project and the limitations imposed by the easement; they were opposed to original four story building; sold the third lot which has small run-down house on it to Novosolov; this allowed the church to buy a larger house on Palm for their caretaker; neighbors opposed the sale because they opposed the condo project but he felt it was compatible with church. Tom McCloskey, manager of apartment house at 828 El Camino for past 12 years, said he approved of project, houses on the three lots are dilapidated and unkempt; city needs more housing; he said his property owner was aware of him speaking tonight and also supported the project. Speaking in opposition was Robert Teal, 1433 Edgehill; Kevin Ruane, 817 Paloma; Peter Wickman, 815 Fairfield; Fred Herron, Principal of McKinley School; Lynette Watterson, 819 Fairfield; Ellen Freed Wickman, 815 Fairfield; Patty Rossi, 820 Fairfield and Ron Briggs, 751 Farringdon. Their comments included complaints about the church's sale of easement and lot; traffic and congestion; condo project would bring more guest parking; storm drains back up now, sewer system overflows, this project would increase problems; want to preserve these old historic homes; cost of these condos would not be for first time home buyers, too expensive; want only two story project; traffic study wrong, traffic would not use El Camino but would use Palm and increase congestion; feel surrounded by condos; scale of project too large; loss of light and air from large condo; concern 92 that the traffic study does not consider McKinley school traffic and safety of school children; told of experience with original project which resulted in the city's new tree protection ordinance to protect the redwood tree on this property; not asking them not to build, just to build less; easement through parking lot is forever and changes the use of that property, what happens if the church is sold or destroyed; urge require setback guarantee for redwood and maple trees; they urged denial. Mayor called a recess at 9:43 p.m. The meeting reconvened at 9:53. Michael McCracken rebutted; easement does not rezone the parcel, it is part of lot, true that owner might not be able to use for another purpose; density issue is hard to argue but these lots are zoned R-3 and the general plan calls for multi-family construction on El Camino; people who live in R-l next to R-3 must expect multi-family dwellings next to them. Richard Hopper, traffic consultant, said the traffic study only addressed the subject of access to the site; concluded the proposed access from El Camino and egress onto Palm would not have great impact in neighborhood; egress onto El Camino would be unsafe; figures used for trips per day is based on statewide studies for this type project. The hearing was closed. Councilman Pagliaro reviewed criteria for approving a condominium project; he felt that people who own property have the right to use it as allowed by law; he had spoken to people on both sides of this issue; the sketches of changes proposed are a different concept than the one seen by the Planning Commission and the neighbors but he felt more comfortrble with it; they are moving it toward El Camino and moving the ramp and reducing number of units; it is an attempt to further address the concerns of neighbors; he favored denying without prejudice so they could come back to council with revised plans. Councilman Spinelli agreed; earlier proposals were much denser; this newest proposal made tonight is different and offers neighbors more light by varying the third story roof line; people who own the property have a right to develop; concerned about drainage and improving catch basin. Councilwoman Knight did not agree; developer had no concern about tree and was going to remove it; one poorly parked limo for a wedding in the church parking lot would block egress from the project, found the easement unacceptable; felt a little more comfortable with the newest proposal but because it is different it should go back to Planning Commission; regarding egress to El Camino, all projects on El Camino must cope with the trees; thought it was too big a project. Councilman Harrison said he had talked to both sides; agreed with Pagliaro, this latest proposal cuts down on bulk; direct plans with greater separation, eliminate ramp at rear, provide landscaping and place balconies behind trees for privacy, double catch basin size for drainage. Mayor O'Mahony thanked all the speakers; project has gone through three phases, they have exceeded all city requirements and are trying to preserve trees, like the new proposal for removing middle unit; move retaining wall at least six feet from tree; she was concerned about the easement but that is already established. City Attorney suggested instead of denying without prejudice council could continue the issue to a certain date and reopen the hearing to address only new issues. After discussion with applicants and noting direction for revisions discussed, Councilman Pagliaro moved to continue the project to the March 7, 1994 meeting. Seconded by Councilman Harrison, carried unanimously by roll call vote. John Ward indicated he would meet with the neighbors again before the item came back to council. He noted they would strive for submittal of the project to staff by February 22, 1994. PUBLIC HEARING - APPEAL FOR AN AMENDMENT TO THE MASTER SIGN PROGRAM AND SIGN EXCEPTION AT 1160 PALOMA - PLANNING COMMISSION DENIAL UPHELD City Planner reviewed her memo of January 28, 1994 which recommended council hold a public hearing and take action. Max Fatemi, owner of Classic Import Rugs, is requesting an amendment to the March 1992 sign program for 1249-1251 Broadway/l160-1158 Paloma building. There are 93 presently three tenant spaces in this building: Chic Beauty Salon, the Coffee Stop and a Chinese Restaurant. The applicant proposes to use a rear portion of the Chic Beauty Salon which has a door on Paloma for his rug sales business. He is asking to make a four feet square double faced addition to the top of the existing marquee sign at the corner of the building at Broadway and Paloma. Presently the three tenants are represented on this four foot by 14 foot double faced marquee sign mounted 24 feet above grade; the applicant wants to add the four square foot double faced sign above this existing sign for a total of 168 SF (100 SF is maximum signage allowed). A sign exception is required to add to the approved master sign program. On the secondary frontage the applicant is requesting to add a 25 SF sign on the wall to identify his business location. He has provided no descriptive information or elevations for this sign. The Planning Commission denied this request at its meeting of January 10, 1994. Mayor O'Mahony opened the public hearing. The applicant spoke briefly and responded to council queitions about the roof overhang and clearance requirements. There were no other comments and the hearing was closed. Mayor O'Mahony was concerned about existing problems with signage on this site; other businesses are trying to improve appearance of the Broadway business district, this does not help; would like to see a good master sign program and want to see illustrations of the proposed signs before she could considir. Councilman Harrison said council lacked the information to make a decision; he moved to uphold the Planning Commission denial. Seconded by Councilwoman Knight and carried unani- mously by roll call vote. City Planner responded to questions about the history of this sign jutting from wall and the circumstances which make a master signage program required. PUBLIC HEARING - SECOND READING - ORDINANCE 1496 ESTABLISHING TWO HOUR PARKING LIMIT ON CALIFORNIA DRIVE SOUTH OF BURLINGAME AVENUE City Attorney reviewed his memo of December 7 which recommended council adopt this ordinance after a public hearing. At the December 6 meeting council considered and rejected a proposal to change parking time limits to four hour but in research of the city code staff discovered that while the area is posted as two-hour parking, the code states the area is one-hour parking. This ordinance would correct the code to read two hours. Councilman Harrison commented this is an example of the Mayor's promise to get rid of unenforceable or archaic ordinances. Mayor opened the public hearing. There were no comments and the hearing was closed. Councilman Harrison moved adoption of ORDINANCE 1496. Seconded by Councilwoman Knight, carried unanimously by roll call vote. PUBLIC COMMENTS Ellen Freed Wickman asked about public review of the new plans for El Camino condo project. Glenn Mendelson, 475 Cumberland; said he was videotaping the meeting tonight as a test so that Pacific Cable could see the quality of the tape for telecasting; manager of cable said she would like indication from council that it approved of the concept of regularly airing meetings; he was pleased to hear the Mayor say at a study meeting that she was open to looking into television coverage of meetings. He mentioned the San Mateo City Council has withdrawn from the Airport MOU 94 agreement. He talked about the Peninsula Hospital Board considering dissolving Comprehensive Human Services, if that happens he was told the seven properties which belong to that group would transfer to Mills-Peninsula; he asked the hospital board about earthquake insurance which he believed to be inadequate given the Los Angeles earthquake. RADISSON/SHERATON HOTEL SIGN. 1177 AIRPORT City Attorney reviewed his memo of January 31 which recommended council review the request from Radisson to allow the nonconforming Sheraton roof sign to be changed. A letter from Larry May, attorney representing Radisson, suggested State code requires the city to allow a change in lettering on nonconforming signs and that the sign may remain indefinitely unless we have an amortization ordinance which requires removal of nonconforming signs after a number of years. Our city does not have an amortization ordinance. City Attorney thought there was a chance of winning litigation. Larry May responded to council questions. Most council members had no objection to the nonconforming sign remaining on site; Mayor commented litigation would be expensive. Councilman Pagliaro did not believe our sign ordinance was unenforceable and did not favor allowing the sign to remain. City Attorney said if council agrees our ordinance is unenforceable the applicants could proceed with an over the counter permit. Councilwoman Knight moved that the City Attorney revise our sign ordinance because that code section is unenforceable. Seconded and carried 4-1 on roll call vote, Councilman Pagliaro voting no. Larry May introduced the manager of the Radisson Hotel who thanked council and stated he looked forward to being a part of the community. BURLINGAME TRAIN STATION CENTENNIAL COMMITTEE REOUEST FOR FUNDS City Manager reviewed the letter from the Committee dated January 14, 1994 which requested the city become a sponsor of the special commemorative publication of La Peninsula produced by the County Historical Society at a cost of $1,000. Councilman Harrison moved approval of $1,000 donation to the Committee for this publication. Seconded by Councilman Spinelli, carried unanimously. COMMISSIONER APPOINTMENTS Traffic, Safety and Parking Commission: Councilman Harrison said he and Councilman Spinelli had interviewed several excellent candidates for the three openings. He nominated for reappoint- ment Ron Karp and Jim Evans, and appointment of Joseph Norton. There were no other nomina- tions and they were unanimously appointed. Civil Service: Councilwoman Knight said she and Councilman Harrison had interviewed the two incumbents and she nominated them for reappointment. Jack Heffernan and Janet Galeno were unanimously reappointed. Knight mentioned the incumbents praised the staff liaison, Ginger Fortmiller for her knowledge in personnel matters. Park and Recreation: Councilman Spinelli said he and Councilmarr Pagliaro had interviewed some great candidates for this commission, he nominated Janet Henderson and Mike Nilmeyer to the commission. There were no other nominees and they were unanirnousiy appointed. 95 UNREINFORCED MASONRY ruRM) BUILDING STATUS REPORT Director of Public Works reviewed his memo of February 1 which recommended council review the status of the URM buildings and either adopt a "wait and see" position or direct staff to re-notify affected property owners and include a notice of the requirement to post their building. In 1990 council adopted regulations to mitigate seismic hazards from URM buildings with a deadline for submitting plans for a building permit by January 1, 1995 and completing structural modifications by June 30, 1996. An engineer surveyed the city and identified 54 buildings; corrective work has been completed in 12 of these buildings, three are in plan check and another three are in discussion with city engineers which leaves 36 on which no action has been taken. Council accepted the report and asked that owners be reminded of deadlines. LIBRARY BOARD REOUEST FOR ENDORSEMENT OF A LIBRARY FOUNDATION A letter from the Library Board President Jane Taylor requested council endorse the idea of a Library Foundation endowment to collect funds for library projects. City Manager briefly explained that several large libraries including the San Mateo Library have such foundations. Council unanimously supported the establishment of a foundation. PUBLIC SESSION FOR LIBRARY RENOVATION City Librarian's memo of February l, 1994 informed council that the Library Board has scheduled a public session for Tuesday, March l, 1994 in the Library Community Room at 7:30 p.m. The agenda includes history and background, presentation of the project with slides by the architect, display of the new detailed model showing interiors and functionaltty, and the preliminary timeline. The board will invite questions and comments from the public after the presentation. Council commented the event should be well publicized to get people there. CONSENT CALENDAR City Attorney noted the encroachment permit (item "b") would not be effective until after the ordinance for the stop sign (item 'a') is adopted. a.INTRODUCTION OF ORDINANCE 1497 ESTABLISHING A STOP SIGN ON FAIR. FIELD AT EDGEHILL DRIVE Public Works memo of February 1 recommended council introduce this ordinance to establish a stop sign on Fairfield at Edgehill. At the January 10 Planning Commission meeting conditions of approval for a fence exception at 841 Fairfield Road included a one- way stop sign with the owner paying the cost of installation. The Traffic Commission recommended approval. b. ENCROACHMENT PERMIT FOR BRICK FENCE AT 841 FAIRFIELD ROAD Public Works memo of February 1 recommended council approve this permit subject to conditions including the establishment of the stop sign under item "a" because the fence obscures the sight line at this tee intersection 96 c SPECIAL EVENT PERMIT FOR BICYCLE RACE. ''BURLINGAME CRITERIUM' ON SUNDAY. JUNE 26. 1994 City Manager's memo of January 27 recommended council approve this request with conditions; the event has been held for several years and there have been few complaints d. DENIAL OF CLAIM OF FRANCIS CASADO City Attorney's memo of February L recommended council deny this claim for damage to an apartment house during rains and high tides. Councilwoman Knight moved approval of the Consent Calendar. Seconded by Councilman Pagliaro, carried unanimously. Councilwoman Knight reported on a Council of Cities meeting she attended and on the Children Council. She and the Mayor also attended the meeting with neighbors of the youth home on Mariposa. Mayor O'Mahony told about the CCAG finance committee. Councilman Spinelli reported on the Airport Roundtable meeting he attended and new CNEL maps. Councilman Harrison told about the recent ALUC meeting. OLD BUSINESS Councilman Spinelli reported there is graffiti on the light poles on California Drive. Councilman Pagliaro congratulated Michael knnon in the audience, he was recently appointed to the High School Board of Trustees. Councilwoman Knight asked if the Traffic Commission could look into night lighting and speeding in front of the Recreation Center, she was concerned about safety of pedestrians going to and from the Recreation Center. Council and staff discussed; this is a residential area and strong lighting would be objected to by residents. NEW BUSINESS Mayor O'Mahony scheduled two public hearings for February 23 for (1) an appeal for a sign exception for Jehovah's Witness Church at2828 Trousdale and (2) an appeal for a front setback variance at 1480-8 Oak Grove Avenue. CANCEL STUDY MEETING OF FEBRUARY 16. 1994 City Manager mentioned there are only two items on the Study Meeting agenda and one council member would be absent. Council concurred with canceling the meeting. Commission Minutes: Traffic, Safety and Parking, January 13, 1994; Park and Recreation, January 20, 1994; Broadway BID, December L4, 1993; Library Board, January 18, January 19 and January 31,1994; Planning, January 24, L994. a b. Department Reports: Fire Department Quarterly and Year-end Report. COUNCIL COMMITTEE REPORTS ACKNOWLEDGEMENTS 97 e c ktter from Richard McKinnon regarding building a golf course on city landfill. Mayor asked staff respond.to McKinnon. d. lrtter from City of Pasadena regarding "eradicating rampant violence. " ktter from Daly City mayor regarding adoption of a resolution for "zero tolerance" for illegal guns. f. Press release from SF Airport regarding "SFO wins major environmental lawsuit. " Councilwoman Knight was concerned about violence and guns; she asked about gun stores or dealers in our city; staff responded there are no gun stores but there are a few "home occupation" gun dealers. CLOSED SESSION Council adjourned to a Closed Session on Litigation and Personnel at 11:46 p.m. SETTLEMENT AGREEMENT - HACKER V. BURLINGAME Council approved a $13,500 sefflement in this litigation regarding a sidewalk fall injury. ADJOURNMENT IN MEMORY OF DR. STEVEN SIERRA Mayor O'Mahony asked for a moment of silence in memory of Dr. Steven Sierra, husband of Assemblywoman Jackie Speier. The meeting was then adjourned at 11:55 p.m. Judith A. City Clerk a