HomeMy WebLinkAboutMin - CC - 1994.10.17227
BURLINGAME, CALIFORNIA
October 17,1994
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 at 7:32 p.m. by Mayor O'Mahony.
PLEDGE OF ALLEGIANCE TO THE FLAG
If,d by City Librarian Al Escoffier.
ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI
NONE
MINUTES
The minutes of the Regular Meeting of October 3, 1994 were unanimously approved after a change
on page 2 by Councilman Harrison to show there was a contribution, not donation, to SAMCEDA,
and on page 5 by Councilman Spinelli to indicate he told about the number of tracks in BART's tail
track area.
PUBLIC HEARING - APPEAL FOR FIVE VARIANCES TO RETAIN AN ILLEGALLY
CONVERTED GARAGE AS A LIVING UNIT AT 34 ANITA ROAD - D WITHOUT
PREJUDICE
City Planner reviewed her memo of September 12 which recommended council hold a public
hearing and take action. Yvette Medina is requesting five variances in order to retain a dwelling
unit in a detached garage at the rear of her property at 34 Anita. The unit was discovered when the
building inspector made a site inspection for repairs for fire damage to the duplex residential
structure at the front of the lot. Building permits were issued to build this structure at the rear of
the lot as a 500 SF garage in 1964 with attached 136 SF storage area added in 1979. No building
permits were issued for conversion to a dwelling unit. The R-3 zone requires that all dwelling units
on a single lot be in one structure. A variance is needed for a detached dwelling unit. The
detached dwelling use triggers four other variances: side setback variance, rear setback variance,
parking variance and parking dimension. The planning commission denied this request at its
meeting of August 22. She responded to council questions; the zoning allows a triplex; fire
occurred in front building.
Mayor O'Mahony opened the public hearing. A contractor representing the applicant said they are
asking for denial without prejudice so the applicant can remodel the building into a triplex and
reduce the number of variances. City Planner noted denial without prejudice allows the applicant to
redesign and resubmit a project without having to pay additional fees; if council denies without
prejudice it should set specific time period for resubmittal of plans. The hearing was closed.
Councilman Spinelli moved to deny without prejudice with condition that new plans be submitted by
November 1,1994. Seconded by Councilwoman Knight. City Planner confirmed that the applicant
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would have to appear before Planning Commission for any new variance. The motion carried
unanimously on roll call vote.
VIEW F ONDITIONAL USE PERMIT F R
AT I44O CHAPIN - RESOLUTI ON 8O-q4 APPROVING SAME
City Planner reviewed her memo of October 11 which recommended council hold a public hearing
and take action. Greg Terry, representing Cornish and Carey Residential Real Estate, is requesting
a conditional use permit in order to have a real estate use in 2,669 SF of office area on the first
floor of the office building at 1440 Chapin. Real estate use requires a conditiorul use permit. The
ground floor office will be open from 8:00 a.m. to 6:00 p.m seven days a week; they anticipate 25
people will be employed. Cornish and Carey currently occupies 8,600 SF of office area on the
second floor of this building with 50-60 employees; there will be no internal connection with the
first floor office. Employees from both office sites would meet together on Monday from 9:00 a.m.
to 10:00 a.m. There are 160 parking spaces in this office building; the applicant had TJKM prepare
an updated parking study which they did for a previous application in 1989; this study indicates peak
hour demand is 1:30 to 2:30 p.m. There are presently 19,700 SF of office area vacant in this
building. TJKM indicates there is adequate parking on site for this proposed use and the fully
leased floor area. The Planning Commission approved this request at its September 26 meeting.
Mayor O'Mahony opened the public hearing. Greg Terry and Chuck Sweet were present to
represent Cornish and Carey. They noted that the first floor office would have a maximum of 25
employees, would be closer to 20 employees; with new technology, more employees would be
working at home; except for the Monday moming meeting, there would be fewer employees on site
and the amount of street parking is plentiful at that time of day. They responded to Councilman
Pagliaro's questions about parking availability if the building were fully occupied; noting this
company is using a substantial portion of the parking spaces in garage. Glenn Mendelson, 475
Cumberland, said his office is located in this area and he felt sure from his observations there were
adequate parking spaces. Mayor O'Mahony closed the public hearing.
Councilman Harrison said after review of the testimony and parking study he concurred with
Planning Commission decision and moved for adoption of RESOLUTION 80-94 with conditions.
Seconded by Councilman Spinelli and carried unanimously by roll call vote.
PUBLIC HEARING - SECOND READING OF ORDINANCE 1513 REVISING ANTENNA
REGULATIONS - CONTINUED
City Attorney reviewed his memo of October 11 which recommended council hold a public hearing
and take action. At the last meeting council introduced this ordinance; Hammett & Edison prepared
a study for the city which determined that the maximum size dish antenna which is necessary for
reception in our city is seven feet in diameter. He noted possibly because of cable there has been a
drop in requests for residential dish antenna. This new ordinance proposes a maximum size of
seven feet in diameter, some antenna can be approved over the counter, those which cannot be
approved over counter must have an exception, and the city can ultimately deny an application for
an exception on the basis of health, safety or aesthetic considerations. At the last meeting council
also received a letter from Alexander Bogdis who noted his disagreement with the proposed
ordinance. Councilman Pagliaro confirmed the maximum distance off the ground for any part of a
satellite dish antenna would be seven feet; distinction between roof antenna and requirements for
permits; distributed flyers for a small dish antenna and wondered why the larger size would be
allowed given current technology. Mayor O'Mahony noted reception for the small antenna is very
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limited. Councilman Spinelli discussed other types of antenna for amateur radio and other uses;
concemed about first amendment rights.
Mayor O'Mahony opened the public hearing. Alexander Bogdis, 601 Burlingame Avenue, reviewed
the many types of antennae, some receive and some send signals; felt new ordinance was nothing
more than the original; felt the city could not limit antennae in any marmer, showed FCC ruling;
discussed his willingness to work with staff on rules; noted different antenna had different location
and height needs for public safety. The hearing was closed.
Councilman Spinelli had a real concern about lumping all antennae into one set of criteria; this
ordinance is too broad in scope; said City Engineer might be able to assist with technical aspects.
Councilman Pagliaro appreciated comments by Bogdis; he agreed with City Attomey that city could
regulate satellite dish antenna; but he was not sure about other antenna listed in ordinance. After
considerable discussion, council concurred in sending this back for further revision or study; agreed
to continue until November 21 meeting. Councilman Harrison moved to continue this ordinance.
Seconded by Councilman Spinelli and carried unanimously.
PUBLIC RING AND SECOND READING OF THREE RDINANCES MAKIN CHANGES
TO ZONIN G CODE TO EXPED PROCESSING AND I NITIATE IMPLEMENT ATION OF
THE 1990-95 HOt ]SING ELEMENT
City Planner reviewed her memo of October 12 which recommended council hold a public hearing
and take action on the three ordinances. At the time of review of tie housing element, council
indicated it would like to expedite the planning review process in general as well as implement the
housing element. She recommended council adopt the three ordinances.
(1)READING.E 1510 MODIFIC
COMMERCIAL AND INDU USES AND ST NDARDS
Staff reviewed all Planning and Council actions over the past five years to identify items which were
consistently approved with rather standard conditions; these items might be more rapidly processed
by a more administrative process. This ordinance witl allow specific exceptions to code standards to
be issued planning permits after notification of the adjacent neighbors within 100 feet, as well as
notification of planning commissioners and council members. One exception is an increase in
garage size up to 630 SF in R-l and R-2 zones. Exceptions in C-l ard C-2 zones are an increase in
signage to 10 SF, an increase in compact parking stalls, classes associated with retail except in
Subareas A and B, schools above the first floor operating outside 8:00 a.m. to 5:00 p.m. weekdays
and parking lots for public use which comply with code requirements. Exceptions proposed in O-M
and M-l zones are to increase compact parking stalls up to 30 percent of total, and outdoor storage
of materials which are incidental to a permitted use and occupy less than 25 percent of the gross lot
area. Another simplification is the change in noticing area to 100 feet rather than the current 75
feet; this is consistent with the 100 feet noticing requirement for Hillside Construction permits.
(2)ING -GRO
HOMELESS AS CONDITIONAL USE AT CHURCHES
Currently our code does not address where one could provide facilities for the homeless. We
committed to address this legal oversight in the Housing Element. Over the past few years several
churches in our city have participated in a countywide cooperative program to provide meals and
shelter for homeless families for a month at a time on a rotating basis. While these programs were
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at individual churches, we received no complaints from neighbors. In light of this, staff proposed
making an addition to the conditional uses in R-3 where most of our churches are located to allow
homeless housing as a conditional use. This would have the advantage of notifying neighbors and
allow the city to incorporate requirements which would minimize the impact on neighbors and public
facilities and services.
(3)SECOND READING . ORDINANCE 1512 ALLOWING MULTIPLE FAMILY RESIDEN-
TIAL USES AS CONDITIONAL USE IN SPECIFIC C-l AREAS
The housing element contained a list of sites identified as being suitable for multiple family housing.
One of the areas identified are the blocks bounded by Murchison, California, El Camino and the
rear of lots facing Dufferin. This area is presently developed in office uses, vacant lots and parking
lots. It is adjacent to the railroad righrof-way and within walking distance of train stations and bus
lines. Because of a change in state planning law, a mixed residential/commercial project could be
built in areas zoned C-l such as this, but a straight multiple family residential project may not
without an amendment of the general plan and rezoning. Our present general plan would allow
straight multiple family in this area but our zoning ordinance needs to be adjusted to be consistent
with the general plan in this area.
Councilwoman Knight had some concenE about classes in the commercial area during evening hours
in subareas A and B because of parking impact from restaurants, and also about dry cleaning
facilities in those areas. Councilman Spinelli wanted to establish a method of giving notice to
business owners, not just property owners; also wondered about the small area for noticing, within
100 feet. Staff discussed how tenants of properties are now noticed by posting on site; staff was
concerned about the accuracy and cost of noticing tenants. Councilman Harrison asked that staff
report back to council at the first meeting in December on possible methods for notifying business.
Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed.
Councilman Pagliaro moved to adopt ORDINANCE 1510 with changes concerning classes and dry
cleaning mentioned by Councilwoman Knight, adopt ORDINANCE 15ll and ORDINANCE 1512.
Councilman Harrison seconded the motion which carried unanimously on roll call vote.
PUBLIC HEARING - URGENCY ORDINANCE 1 5I4 REGULATING TANNING FACILITIES
City Attorney reviewed his memo of October 11 which recommended council introduce and adopt
an Urgency Ordinance to regulate tanning facilities. A year ago the city pursued and closed down
two local massage businesses for violation of prostitution laws and other crimes. Now a neighbor-
ing city is experiencing prostitution problems with tanning salons. A traditional tanning salon has
one or two employees, but the new tanning businesses have a high ratio of employees who do such
service as applying tanning liquids to customers. Working with the police department, he had
prepared an ordinance similar to our massage ordinance to regulate these businesses. It would
provide an exception for tanning businesses with only one or two employees on site at one time. It
would also amend the zoning code to require a conditional use permit in commercial zones only.
City Attorney responded to Councilman Harrison's question about exemptioru and number of
employees. Councilwoman Knight mentioned she overheard an applicant for business license
discussing an "adult spa" and she wondered if that type business is regulated.
Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed.
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Councilman Pagliaro moved to adopt URGENCY ORDINANCE 1514. Seconded by Councilwoman
Knight and carried unanimously 5-0 on roll call vote.
PUBLIC COMMENTS
Angelo Dellacasa complained about homes in his area which had added illegal second units and lack
of concern by city; Mayor O'Mahony reviewed city's concern and how council had acted upon
abatement of one zuch unit at the frst hearing tonight. Mayor O'Mahony called for a brief recess at
9:08 p.m. The meeting reconvened at 9:15 with all council members present.
AMUS PERMIT REVIEW - MR,,S CABARET. 1819 EL C MINO REAL
City Attorney reviewed his memo of September 20 with police report attached which recommended
council revoke the permit, in the last few months there have been three incidents involving guns.
The matter was set for hearing and the operator and his attorney have requested two continuances.
Douglas Van Vlear, attorney representing the business, introduced larry Monti, their new head of
security. He reviewed his letter of October 12 which listed 18 measures to guarantee the safety of
the general public and customers. They plan to monitor their staff and guests as they enter, in the
restrooms and on the dance floor; will use metal detectors to keep out weapons; entertainment has
changed, no rap or "high energy " music; have established a dress code, no shorts or tank tops; CHP
will come to site to instruct bartenders.
Police Chief suggested a possible 90 day extension, noted this business had never had condition
imposed upon it before; over last two weeks there has been no entertainment on site and there have
been no significant problems. Councilwoman Knight was concerned because this business had more
problems than Bobby McGee's and is located in a sensitive area, near residences and stores.
Councilman Spinelli said he had no tolerance for guns or violence. Councilman Pagliaro had
concerns because there is the same administration at the business and was worried about the parking
lot; wondered if we want a business that requires armed guards; if we allow an extension should be
for shorter time period. Councilwoman Knight wanted to know what would happen if there is a
change in owners; staff said they would have to apply for a new amusement permit.
Councilman Harrison moved to approve extending the amusement permit until the first meeting in
December with 18 conditions listed in Van Vlear's letter of October 12, L994. Seconded by
Councilman Pagliaro and carried unanimously by voice vote.
Security head l,arry Monti thanked council and Police Chief; Van Vlear said they hope to reduce the
amount of security as it is very expensive, they are attempting to discourage the "bad clientele" that
frequented the site. They will call the police as they have been requested to do by the Police Chief;
this may increase the number of police calls to the site.
LIBRARY TEMPORARY FACILITIES
City Manager reviewed his memo of October 13 which included the Group 4/Architecture report
outlining six options for library temporary facilities during construction. It appears that Option A,
modular buildings on a city-owned parking lot, is the most feasible and least costly alternative. lot
F between Park Road and Lorton, south of Howard, is suggested because of its location, size and
proximity to other city parking lots. Wayne Gehrke of Group 4 noted any option is a compromise.
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Librarian Escoffier said the modular units seemed the most promising. They discussed other options
with council, as well as lighting and parking.
Councilman Harrison said Lot F looked the best, he moved to approve this site for temporary
relocation of the library. Seconded by Councilman Pagliaro and carried unanimously. Council
urged speed in the process.
CHAMBER OF COMMERCE REOUEST TO EXPAND SHUTTLE BUS SERVICE
City Manager reviewed his memo of October 1l which recommended council consider this request.
The Chamber and the Broadway and Burlingame Avenue merchants are requesting to expand the
new shuttle bus service to add hours of 11:00 a.m. to 3:30 p.m. to the existing commuter hours to
provide service from the hotels to the retail/service areas. The estimated cost of the three-month
pilot program is $13,500 and the merchants are offering to contribute $4,000 of the cost.
l,arry Lyons, President of the Chamber of Commerce, said the group is proposing to delay start of
the increased service until after the holidays, as the holiday season is slow season for the hotels.
They propose to operate the increased service and then evaluate the program. Noted the shuttle is
off to a great start; merchants have been donating prizes for riders; said they are averaging 21 riders
a day. Mayor O'Mahony asked about Saturday and Sunday service; Lyon said hotels are busy on
weekends and bus could bring guests to business areas for lunch and shopping. Councilman Spinelli
wondered about how they would do record keeping and evaluate the service. Lyon said drivers
keep record of riders, they are working on other ways to evaluate service. Councilman Spinelli
asked about route and frequency of bus service. Councilwoman Knight wondered if they considered
riders paying for service; wondered if hotels would contribute to cost of the extended shuttle
service, or employers contribute as this would benefit employees.
Councilman Pagliaro said he and Councilman Spinelli had interviewed for the Park and Recreation
Commission. They both recommended reappointment of Don Roberts and Thomas Nyhan. Council
unanimously concurred.
Councilman Harrison and Mayor O'Mahony had interviewed for the Beautification Commission.
They recommended reappointment of Jill l,auder and David Plyer. They also appointed Virginia
Schinagl to the Beautification Commission. Council unanimously concurred.
RESOLUTION 81-94 OPPOSING PROPOSITION I88. CALIFORNIA UNIFORM TOBACCO
CONTROL ACT
City Marnger reviewed his memo of October 1l which recommended council consider Councilman
Pagliaro's request to take a position opposing Proposition 188 since it would repeal and preempt our
existing smoking ordinance. Councilwoman Knight commented on a flyer she received in the mail
in opposition to Proposition 188 which listed our city as opposing it already. Councilman Pagliaro
noted that opposition we took was to the petition for ballot qualification when it was being
Councilman Harrison moved to approve the pilot program at a cost of $9,500 to come from
contingency reserves. Seconded by Councilman Pagliaro and carried unanimously. Council asked
that the Chamber report back before start of the program on proposed route and evaluation system.
COMMISSION APPOINTMENTS
233
circulated; he suggested changes in the wording of the previous resolution. Council unanimously
approved RESOLUTION 81-94 Opposing Proposition 188.
CONSENT CALENDAR
Councilman Spinelli expressed concerns about the removable balconies and roof section and seismic
safety of Councilman Pagliaro had some questions about the setback and aesthetics of the
project, and projection of the front staircase; Councilwoman Knight asked about removal of trees.
Councilman Pagliaro called the project up for review, a hearing would be held on November 7.
Councilman Pagliaro also had questions about the encroachment permit with MFS, item "c." There
was lengthy discussion; representatives of Metropolitan Fiber Systems (MFS) were present and
responded to council questions; explained that work was usually done under sidewalks by boring,
there would be minimal disruptions; cement vaults would be installed in sidewalk; they would like to
avoid high traffic business areas as that would be most disruptive. Ultimately, the permit was put
off until the next meeting in order for MFS to bring pictures of the underground vaults in sidewalk
areas and to work out a route that would avoid as much as possible the residential areas.
a RESOLUTION 82-94 AUTHORIZING PR SI]PPLEMENT NO. OI 1 OF BROAD.
b
c
d
WAY INTERCONNECT PROGRAM
Public Works memo of October 12 recommended council authorize the Program Supplement
No. 011 for funding the Broadway Intercorurect for traffic signals' This is for 100 percent
tunding of the $154,000 cost for the project.
Tentative Map for Four Unit Condo at 1273 El Camino - Called up for review'
Encroachment Permit for MFS - Continued to next meeting for more information.
WARRANTS PAYROLL
Finance Director recommended approval of Warrants 34455 - 34863, duly audited, in the
amount of $1,043,414.20 and Payroll Checks 69824 - 70533 for the month of September
1994 in the amount of $1,234,091.79.
Councilman Harrison moved approval of the Consent Calendar items "a" and 'd.' Seconded by
Councilman Spinelli and carried unanimously.
COUNCIL COMMITTEE REPORTS
Councilwoman Knight reported on an Historical Preservation meeting she attended, she will share
materials with staff. Councilman Harrison told about a Chamber of Commerce meeting. Council-
man Pagliaro talked about C/CAG meeting; he also attended a Board of Realtors meeting.
Councilman Spinelli told of Airport Roundtable discussions.
Councilman Harrison asked staff about a letter from Joe Karp regarding debris around the recycling
enclosures behind his building; he asked staff to resolve it quickly because it is a continual nuisance.
OLD BUSINESS
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Councilman Pagliaro asked for a letter to CalTrain that the proposal is too restrictive. Council
concurred.
Mayor O'Mahony told about an upcoming transportation meeting in San Francisco, Councilwoman
Knight offered to attend. Councilwoman Knight mentioned a letter she received at home from the
Humane Society about pet overpopulation.
CLOSED SESSION
Mayor O'Mahony adjourned at 11:11 p.m. to a Closed Session where the City Manager reported on
labor negotiations with Police and Fire administrators.
ADJOURNMENT
J A. Malfa
The meeting was regularly adjoumed at 11:17 p.m.
City Clerk
NEW BUSINESS
The Mayor set an appeal hearing for November 7 for a hillside permit at 1531 Los Altos.
ACKNOWLEDGEMENTS
a. Commission Minutes: Broadway BID, September 13; Civil Service, September 13;
Planning, October ll, 1994.
b. Deparment Reports: Building, September 1994; Police, September 1994; Treasurer's
Report, September 30, 1994.
c. lrtter from Tim Auran regarding BART and CalTrain.
d. ktter from Jim Wheeler regarding BART.
e. ktter from R.R. Miller regarding water bills.
f. ktter from John and Ketty Taylor regarding increase in water and sewer charges.
Staff noted it is investigating water use at those sites.
C. Letter from Renee and Wendell Mason regarding BART.
h. Letter from Cities of Monrovia, Ontario and Fillmore regarding the Federal Implementation
Plan (FIP).
Councilman Spinelli suggested we review this letter. Staff thought the plan might have more impact
on the southem cities of California.
i. l,etter from Alan Hirsch regarding CalTrain considering "banning of free speech" at stations.