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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 228 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 229 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 230 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. 231 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. 232 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 234 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.