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HomeMy WebLinkAboutMin - CC - 1997.04.12CITY OF BURLINGAME JOINT CITY COUNCIL/PLANNING COMMISSION MEETING Saturday, April 12, 1997 Holiday Inn Crowne Plaza Mayor Rosalie O'Mahony called the joint session of the City Council and Planning Commission to order on the above date in the Board Room of the Holiday Inn Crowne Plaza, Airport Boulevard, at 9:00 a.m. CouNclI- PRpsBNt: O'MRltoNy, SpINELLI, HaRrusoN, JmtNEy, KNIcgr PLeNNrr{c couulssroNpRs PnrsENT: ELLrs, KEy, corrgv, DEAL, GelltceN, MrNK, WBr-lrono Srerr PRsssNr: ARcyRgs, ANnpnsoN, BAGDoN, MoNRos 1. NEIGHBORHOOD CONSISTENCY: PROGRESS REPORT AND DISCUSSION Mayor O'Mahony asked Planning Commission Chairman Ellis to update the group on the progress the commission has made on "neighborhood consistency." He noted that the commission had decided to take a tiered approach based on the size of the house, and that incentives or "bonuses" should be included to encourage designs within each tier, which would be more consistent with the existing structure and its neighborhood. However, the commission has not gotten to the discussion yet of the precise square footages and specific bonuses. Councilman Harrison stated the commission had made a good start; he liked the idea of the tiered approach. Councilwoman Knight also liked the work to date. She noted that it could include multiple family uses too. She liked the idea of "incentives" better than "regulations." Since lot sizes vary so, she felt that house size to trigger review might be based on a proportion of lot size rather than an absolute square footage. She would like neighbors noticed even if the design had a lot of bonus points; bonus points should include "aesthetic" bonuses, e.g., finish materials, roof lines, etc. Councilman Spinelli agreed and wanted the compatibility to be extended to the adjacent neighborhood even if it were a different density. He felt that incentives worked for the Poppy project. Councilwoman Janney noted that the rules were not bent for Poppy they were changed; not want to react, prefer to have proper regulations in place. Mayor O'Mahony noted that the new regulations are a work in progress. She likes the tiered approach and feels that a fixed review size will not work for lots less than 5,000 SF. Would like to see bonuses work to increase side setbacks. Need to be concerned that exceptions to requirements can be interpreted as possibilities for other property owners who do not have the same conditions on their sites. Parking requirement should be held to. Planning Commissioners explored some ideas including the concept that the Council was looking for "control and direction" on architecture rather than a design review process. Mayor O'Mahony noted that the focus should be on the broader based consistency with the existing building and with the neighborhood. Councilwoman Janney noted that flexibility was important so product could be consistent in the end. Commissioner Galligan pointed out it t37 was hard to legislate "nice;" some element of design review is necessary if only to address light and air and privacy issues for the neighbors. Councilwoman Knight noted that "aesthetically pleasing" includes light and air access and privacy. Councilman Harrison stated that the current ordinance now provides in the findings all the legislation needed to review design, and council direction is for commission to use the findings for evaluation of consistency. Commissioner Mink pointed out that the [rague of California Cities says the Planning Commission should test a project against the ordinance and the role of the Council is to test the ordinance. One alternative is to reconsider establishing transition zones so high density zoning does not abut single family. Councilman Spinelli said he was reluctant to rezone R-l areas since over 50% of the city's dwellings were already in high density residential developments. Mayor O'Mahony noted that a bonus could be given, for example, to a project where the development on the front of the lot was higher than 35' in exchange for a one or two story height at the rear next to an R-1 zone. It was concluded that the Planning Commission should take time and study its recommendations carefully before bringing them forward to the City Council. 2. TAIG-OUT SERVICE FOOD BUSINESSES AND FOOD ESTABLISHMENTS IN BUTTLTNGAME AVENUE COMMERCIAL AREA: STATUS REPORT AND DISCUSSION CP Monroe reviewed briefly the staff report. Councilman Harrison contended that we need a definition of "fast food" as distinguished from take-out food service. Real problem are the places where the food is intended to be eaten on the street. CA Anderson noted that it is ixtremely hard to define fast food, need to look at the component parts. Commissioners and Council people suggested components such as 50% take out, cafeteria line for ordering, type of containers food is served in, where food intended to be consumed, availability of plastic flatware. It was also suggested that a dishwasher and grease separator often distinguished between destination and fast food operations, as does a required minimum amount of seating' Councilwoman Knight stated that the idea of defining all take-out service food businesses and food establishments as one use and working back to the original number on the Avenue had real appeal because it would protect and encourage pedestrian oriented retail and would also address traffic circulation and parking issues. Councilman Spinelli agreed, empty store fronts are a negative to an area's image. Commissioner Mink said that restaurants fail for many reasons: quality of food, management, service; we need to know why. Commissioner Galligan noted the need to have a basic understanding of the traffic problem. The demographics of the "fast food" market are changing, can tell by looking at plans. Commissioner Coffey maintained that the Commission needs focus for this issue. Mayor O'Mahony declared that we need a meaningful cap on the number of restaurants; the regulation should address both Subareas A and B as well as Broadway. Others agreed. It was noted that corporations can afford to buy restaurant rights, and it forces the Mom-and-Pop businesses out. It was agreed that the sale of restaurant rights should be stopped. Issue is that April12,1997 138 Burlingame City Council once pennit given it goes with the propefty; all foods not the same, candy sales can become restaurant Councilwoman Knight noted that sidewalk encroachment permits are also a problem, people congregate on the sidewalk, hassle pedestrians, are rowdy and seem to be served liquor. Councilman Harrison related that the Chamber of Commerce has also expressed concern about the abuse of sidewalk seating. They have even asked that abusers have their encroachment permits temporarily revoked to encourage the businesses to manage the problems. Mayor O'Mahony noted that the sidewalk seating is a trendy thing; we need to clarify requirements. Councilwoman Janney pointed out that we need to control it better. A moratorium was discussed, but the difficulty in meeting state standards, makes it very problematic. The discussion ended with a consensus and direction that legislation be prepared as soon as possible to address in Subareas A and B and on Broadway: the selling of food establishment rights; requiring grease traps and dishwashers for all take-out service food and food establishments in the three areas; and develop new/clarifying regulations for encroachment permits so that they can be temporarily or permanently revoked if certain standards are not met. 3. EXTENSION OF AUTO ROW SIGNAGE REGULATIONS TO BROADWAY/ ROLLINS ROAD: ISSUES AND DISCUSSION CP Monroe reviewed briefly the staff report, noting that this request to extend the same "more permissive" signage regulations enjoyed in the California Auto Row area (Subarea D of the Burlingame Avenue Commercial Area) came from an auto dealer in the Broadway/Rollins Road area. Mayor O'Mahony noted that her concern was that Broadway was the entrance to Burlingame, and therefore its appearance is important. With that in mind, perhaps there should be two auto row signage standards, less on Broadway with Rollins Road the same as Subarea D. Councilman Harrison stated he did not want any change on Broadway and that there were more pressing issues for the Planning Commission to deal with. Councilwoman Janney commented that this dealer got his sign exception; there seems to be a process in place that is working, so this change is not urgent. Councilman Spinelli commented that the Rollins Road frontage has little impact on the entrance to the city; there it would be all right to increase auto dealer signage, but the presence ofthe auto sales use is bad enough at the entrance to the city. Planning Commissioners remarked that the Honda Used Car Dealership still does not seem to have complied with its approved signage program. Has the city initiated code enforcement? Issues of processing such code enforcement items were discussed. It was suggested that the city talk to Mike Harvey to see if compliance could be negotiated. Other car sales businesses in this area have not asked for a change in the signage allowances. Councilman Harrison suggested that further study of this item be dropped. The other council members concurred. Burlingame City Council 139 April12,1997 4, CHANGES IN THE RULES OF THE ROAD: WHAT MUST GO TO THE PLANNING COMMISSION, USE OF PRESENT TOOLS CP Monroe briefly presented the staff report noting that the Commission had been given the information on conditional uses and findings earlier because it related to alternative approaches for neighborhood consistency. The other items relate to changes in procedure dictated by recent legislation and court cases. Councilwoman Knight noted that reducing the review time for Minor Modification and Hillside Area Construction Permits by having Council and Planning Commission review coterminous with the public appeal period seemed a good idea. Councilman Harrison agreed. He thought new councilmembers and new planning commissioners should be given this report as a part of their orientation. Councilman Spinelli noted that it seemed possible to craft conditions so that when a business left, the permit would expire. Mayor O'Mahony commented that commission minutes are hard to read because the commissioner's comments pro and con are mixed together. Staff suggested that in the Council staff report the iommission's findings pro and con could be collected together to make them easier to review. Councilwoman Janney remarked that it was helpful to know who said what. Commissioner Ellis expressed concern since he felt that when the action included approval of a specific set of plans it meant that the structure to be built would conform exactly to those p1unr. The report indicates that while the approval of plans applies to the exceptions, the applicant could move windows, change the exterior material or do other things that are within the permitted building envelope unless it is specifically stated in the conditions that they cannot. There was a brief discussion of the SAMCEDA permit streamlining criteria. It was noted that some of the high cost, technologically sophisticated items were not appropriate given our client base at this time. However, the current compliance with many of the items was also noted. PUBLIC COMMENTS Mayor O'Mahony invited members of the audience to comment if they wished. Cliff Woods, owner of ChickenlChicken!on Primrose, noted that he was at the meeting to represent the Chamber of Commerce; however he had several coilrments of his own on the Take-out Service Food agenda item based on his experience in the industry. He noted that food service businesses were not the only source of garbage; customers/public were a big part of the problem and this could be managed by enforcing litter laws. His business does not want to be iint O to garbage, their name is on all their paper products, so they are motivated to clean up outside. There is a problem with people foraging in the dumpsters outside stores. Would like the crty to do something about this. He thought requiring a dishwasher was a good idea and would be more effective than saying people could not use plastic utensils. The percentage of take-out is determined by the customers and varies as the market place changes; however, seating is key, a 1000 SF is a good base. The fact that restaurant rights can be dormant for a long piriod of time is troubling. The fees charged by those that hold restaurant permits can raise the entry costs sufficiently that Mom-and-Pop operations cannot get enough financing to come to the Avenue. Some of the existing businesses can also change their menus, which April 12, 1997 140 Burlingame City Council would in turn change their impact significantly. This problem may not be addressed currently. The goal is to keep Burlingame a unique community. If restaurant locations are fixed some economically marginal locations will be continued which should not be. Joe Baylock, 1525 Newlands, commented that he came to hear the discussion about neighborhood consistency, unforhrnately he had difficulty finding the meeting since the meeting notice was not posted at cify hall; so missed the discussion of the item. He noted he would like to read the staff report on Rules of the Road. Mayor O'Mahony thanked the council and commissioners for taking the time for this special meeting. The meeting was adjourned at 11:10 a.m. Judith Malfatti City Clerk MM Burlingame City Council I4t a April12,1997