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HomeMy WebLinkAboutMin - CC - 2000.08.07BURLINGAME, CALIFORNIA August 712000 1. REGULAR MEETING CALLED 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 at7:00 p.m. by Mayor Rosalie O'Mahony. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by John Root. 3. ROLL CALL COLTNCIL PRESENT COUNCIL ABSENT: COFFEY, GALLIGAN, JANNEY, O'MAHONY, SPINELLI NONE 5. a. 4. MINUTES The minutes of the Regular Meeting of July 5,2000, were unanimously approved after Councilman Spinelli noted a correction on page 9, paragraph 4, that should read, " .. ..if scaled back, parking structures could be added and a park included on the northwest side of the property". PUBLIC HEARINGS PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL OF A AND SECOND STORY ADDITION AT 1701 CARMELITA AYENUE, ZONED R-1 RESOLUTION APPROVING CATEGORICAL EXEMPTION VARIANCE City Planner Monroe reviewed the staff report of August7,2000, which recommended that City Council hold a public hearing and take action on the variance and design review requested. The applicant is proposing to make a first floor addition which includes adding a second attached covered parking space in lieu ofproviding one uncovered parking space and a second story addition which will bring the total floor area of the remodeled structure to 3,053 SF (.55 FAR) from the existing 1,575 SF (.38 FAR). The proposed house exceeds the code allowed floor area maximum (.48 FAR) by 393 SF. The current proposed project is a different design and 113 SF larger than a project previously approved but not built on this site. Council members asked staff: how much square footage is added to the size of the house for the second covered parking space, 200 square feet; what would the FAR be for this development on this lot if it were 6000 SF, .51 FAR an increase of 183 SF; what would the FAR bonus be if the garage was detached, VARIANCE FOR FLOOR AREA RATIO AND DESIGN REVIEW FOR A FIRST i8l FOR FLOOR AREA RATIO AND DESIGN REVIEW FOR A FIRST ANI) SECOND STORY ADDITION 350 SF; how big is a detached two car garage, about 441 SF. There were no further questions from the Council members. Mayor O'Mahony opened the public hearing. Jeff Owens, property owner, 1701 Carmelita spoke. He noted that he bought the house with the previously approved plans; the attached garage flows with the house and does not impact the rear yard; they prepared new plans based on the old FAR; only one neighbor is affected, on the south side who already have a second story. He noted that the design reviewer noted the project would have a minimum effect on the neighborhood, the south side is protected by existing landscaping, FAR variance should be approved. Council questions: applicant has been asked to submit a landscaped plan and did not, architect made the decision not to prepare a landscape plan, will do one if you feel you need one. The Plaruring Commission studied this project in March, no changes were made to reduce the FAR, why? present architect feels this should pass; was it the second set of plans submitted in March? yes, made some changes in window style, revised a stair case to meet code. When you bought the house did you know that the driveway to the west was not your property? did know his lot was smaller than other lots; did you know that the drive way was not your property, yes; where does the applicant run his business? he has an office in the house; are there trucks parked there daily, yes. Do you have a commercial dumpster on the site for refuse from your business; yes. Is the shed in the rear yard used for storing items used in your business; no store household goods there. Applicant noted that he has a shop in Burlingame, no employees come to the house, he uses a Public Storage space to keep his tools and materials. Why do you need the 300 SF over the FAR. Applicant commented the project is well designed, it fits the family's needs. There were no other comments from the floor and the public hearing was closed. Council discussion: Councilman Coffey addressed the landscape plan issue, landscape plans are expensive to prepare and to change, could ask for arborist study to avoid landscape plans; the 1998 zoning codes are not an issue with this application, the project is subject to current code requirements and this is a new design; design review is not an issue, the Planning Commission and design reviewer agreed that the design is all right; the only issue is the floor area ratio exception. Applicant is asking for a393 SF exception for which he needs a variance, and to grant a variance he needs exceptional circumstances on the property; this lot is substandard for this area because of the 10'x 50' areathat is part of a neighbor's site and cannot be developed, if this area were part of the site it would be 6000 SF which is small compared to many lots in the Easton Addition; the addition of 500 SF to the site would reduce the noncompliance with FAR to 153 SF; the current zoning code penalizes corner lots by allowing only a 350 SF bonus for a detached gatage, to get the desired two covered off street parking spaces in detached configuration it is necessary to reduce the house size; ifprovided one detached covered parking space would increase the useable area in the house by about 220 SF; the proposed attached two car garuge is better for the neighborhood, can use the drive way for at least one car and park the other in the garage. Councilman Coffey, based on his findings, facts in the staff report and the hearing , moved to over turn the Planning Commission and approve the request for an FAR variance and design review by resolution with the conditions in the staff repoit and two additional conditions: that the t82 shed and the concrete slab in the rear yard shall be removed prior to issuance of a building permit for the addition to the house and that the rear yard be fully landscaped with grass and shrubs and that a plan be provided to protect all existing vegetation" and approved by the city arborist before a building permit shall be issued and construction shali be stopped until the requirements of the approved plan are complied with or modifications reviewed and approved by the city arborist are installed and inspected. The motion was seconded by Councilwoman Janney. Council discussion on the motion: Councilman Spenilli noted that he disagreed, he fought the battle for FAR to eliminate the "monster house"; in this project the attached garage is larger and closer to the street than a detached garage would be, creating mass and bulk along the street frontage; the bonus for a detached garage was created to encourage parking back from the street; see this project as a matter of owner's choice, could have used the detached garage bonus; troubled by the fact that there was no attempt by the architect to come back with a better alternative and no landscaping to soften the mass and bulk was remotely addressed; other lots in the city are the same size or smaller and have complied with FAR; applicant wants to do this for his family; do not favor overturning the Planning Commission, do not want the precedent. Councilwoman Janney noted the question is what will the addition do for the house and the needs of the family, have two children with a third on the way; did hear the applicant make a commitment to submit a landscape plan; this is not a monster house it is one that fits and will enhance the neighborhood. Council discussion continued: Vice llayor Galligan noted he was more concerned about the ramifications of this decision than the 393 SF; the project could stay with one car garage, that is all they are required; the drive way to the lot on Cortez is a hardship to this property" CA Anderson noted a circumstance is sufficient if the Council sees it as a hardship. Vice Mayor Galligan noted that the main reason to detach a garage is because the driveway creates open space between the houses, increasing the side setback on one side to 14 to 16 feet, in this case have a driveway to the property on Cortez which provides open space separation for the home adjacent on this side of the project. Mayor O'Mahony noted that the lot next door is very much larger and this creates a hardship. Councilman Coffey cornmented that he did not know how many properties have a driveway at 90 degrees to their property, this is a hardship because it reduced the size of the property to less than average for the area; based on all the discussion regarding FAR, it is better for the neighborhood to have a two car garage. Councilman Coffey noted he would like to direct the Planning Commission to increase the size of the garage bonus on interior and comer lots to a size which would allor,.,a Cetached 2 car garage without using any of the FAR allotted to the residential structure. Councilman Galligan then noted he would like to add two conditions to the motion: first that the construction dumpster on the site be permanently hidden from view from the street or removed; and, second, that no portion of the garage on this site shall be used to store tools, equipment or materials for any business owned by the home owner or home occupation on the site. Councilman Coffey who made the motion and Councilwoman Janney who seconded it, agreed to the proposed amendments and to adding another condition that the fence along the neighbor's driveway shall not exceed the maximum height or design requirements allowed by the city. Mayor O'Mahony called for a roll call vote on tlle rnotion to approve the FAR variance and design review for a first and second story addition with the following conditions of approval: 183 (1), that the project shall be built as shown on the plans submitted to the Planning Department date stamped May 19,2000 Sheets A-1 through A-5, and that any changes to the footprint or floor area of the building shall require an amendment to this permit; (2),that the conditions of the City Engineer's and Chief Building Offrcial's January 10, 2000, memos shall be met; (3), that any changes tot he size or envelope of the first floor or second floor, which would include adding or enlarging a dormer, expanding the footprint or floor area of the structure, moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to design review; (4), that the project shall meet all the requirements of the California Building and Fire Codes, 1998 edition, as anrended by the City of Burlingame; (5), that the shed and the concrete slab in the rear yard shall be removed prior to issuance of a building permit for the addition to the house; (6), that the rear yard be fully landscaped with grass and shrubs and that a plan be provided to protect all existing vegetation and approved by the city arborist before a building permit shall be issued and construction shall be stopped until the requirements of the approved plan are complied with or modifications reviewed and approved by the city arborist are installed and inspected; (7), that the construction dumpster on the site be permanently hidden from view from the street or removed; (8), that no portion of the garage on this site shall be used to store tools, equipment or materials for any business owned by the home owner or home occupation on the site; and (9), that the fence along the neighbor's driveway shall not exceed the maximum height or design requirements allowed by the city. The motion passed on a 4 -1 roll call vote with Councilman Spinelli dissenting. b.PUBLIC HEARING AND RES APPRO VING FRANCHISE AGREEMENT WITH RCN TELECOM SERVICES OF CALIFORNIA,INC. AND RENDERING FINDINGS PURSUANT TO STATE LAW Assistant City Manager Becker came forward to review the background regarding telecom services. Initially, RCN obtained open video system agreements and cable TV franchises in different areas of the United States, including San Mateo, Daly City, South San Francisco and San Mateo County. Once those agreements were completed, RCN approached five additional communities: Redwood City, Belmont, San Carlos, Millbrae and Burlingame. Redwood City elected to conduct their own negotiations, while the remaining cities, including Burlingame, agreed to joint negotiations. Vice Mayor Galligan asked Assistant City Manager Becker if one of the four City's decides not to use RCN, would it affect the decision the.Council would make this evening. ACM Becker stated it would not. David Hankins and David Spiegelman came forward to give a presentation on RCN. They stated that RCN is the premier provider of bundle telecommunication services in the country. They provide four services over their network - cable television, high-speed Internet access, local phone service and long distance. They were the first company to come to the residential market with these services. Mr. Hankin stated RCN's network is very high capacity that allows them to plan for today's as well as tomorrow's needs. Councilman Spinelli asked if digital television would be available as well as analog. Mr. Hankin confirmed that digital television would also be available. 184 Mayor O'Mahony opened the public hearing. Howard Page, I I I Central Avenue, wanted to thank the Council for bringing competition to the marketplace, and also asked if RCN planned on offering high definition television. Mr. Hankin stated RCN does have the bandwidth to carry high definition television. Gary Stephens, 29 Dwight Road, asked what kind of packages would be offered. Mr. Hankin gave an example of a package; for approximately $109.00 per month, one would receive full basic service with 85 channels, 10 premium channels, 45 digital music channels, and high-speed Internet access, and local telephone service that covers I I area codes in Northern California. There were no further comments from the floor and Mayor O'Mahony closed the public hearing. Vice Mayor Galligan made a motion to approve the Resolution, seconded by Councilwoman Janney; motion carried unanimously, 5-0. 5c. ADOPT ORDINANCE #1635 TO INSTALL THREE STOP SIGNS AT THE INTERSECTION OF'EASTON DRIVE AND MONTERO AVENUE Director of Public Works Bagdon requested that the proposed ordinance be adopted to install three stop signs at the intersection of Easton Drive and Montero Avenue. This request was prompted by a collision at Easton Drive and Benito Avenue on April 9,2000 where both drivers were injured. A petition from approximately 80 residents in the area asked that the intersection be made safer. As a result, the issue has been discussed several times at the Traffic, Safety and Parking Commission and although the stop signs are not warranted based upon the volume of accidents over a period of time, staff is recommending that the stop signs be placed due to a visibility issue. One change has been made since the ordinance was introduced at the July 5 meeting, which is to add athird stop sign; currently there are no stop signs at the three legged intersection and installing just two stop signs could be confusing tc drivers. Mayor O'Mahony opened the public hearing. John Root, 1407 Montero, stated the intersection at Montero and Easton is extremely dangerous and urged Council to adopt the ordinance to install the stop signs. There were no further comments from the floor and Mayor O'Mahony closed the public hearing. Councilman Coffey made a motion to adopt Ordinance #1635 to install three stop signs at the intersection of Easton Drive and Montero Avenue; Vice Mayor Galligan seconded the motion. Motion carried unanimously, 5-0. Mayor O'Mahony instructed the City Clerk to publish a sunmary of the Ordinance within 15 days of adoption. sd)ADOPT ORDINANCE #1636 ESTABLISHING PLANNING COMMISSION STIPEND City Manager Argyres noted that in June Council discussed the idea of a stipend for the Planning Commission. The idea was supported based on the many hours the Planning Commission 185 spends on City business. Council directed staff to prepare the Ordinance amendment that calls for a $200 monthly stipend for each Planning Commissioner. These would be handled as part- time wages subject to social security but no other benefits. The total annual cost of the stipend would be $18,085 for seven commissioners. If approved, staff recommends these funds be transferred from the contingency reserve to the planning department budget. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed. Councilman Coffey made a motion to adopt Ordinance #1636 to establish a planning commission stipend of $200 per month, seconded by Councilwoman Janney; motion carried unanimously by voice vote, 5-0. Mayor O'Mahony instructed the City Clerk to publish a summary of the Ordinance within 15 days of adoption. 5e)LOCAL LAW ENFORCEMENT BLOCK GRANT ADVISORY BOARD Police Chief Missel stated that in 1999 the department applied for and was granted a federal grant from the Department of Justice in the amount of $25,326. This amount has to be matched by llo/o, or $2,814, for a total of $28,140. The money will be used to purchase on-board computers for the police cars. The law requires a public hearing be held to accept the grant for this use. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed. Councilwoman Janney made a motion to approve the plan, seconded by Vice Mayor Galligan; motion carried unanimously by voice vote, 5-0. 6. PUBLIC COMMENTS A petition that was signed by a number of Dwight Road residents was presented by Joseph Blanke, 23 Dwight Road. These residents are requesting an improvement in the safety in the Dwight Road neighborhood; they feel the multitude of vehicles speeding down Dwight Road presents an increased safety risk to themselves and their children. The following residents spoke regarding the situation: Brian Martinson, 9 Dwight Road, Maryanne Wood, 9 Dwight Road, Teresa Colone, 30 Dwight Road, Linda Feeny, 15 Dwight Road, James Shannon, 18 Dwight Road, Randy Grange,21 Dwight Road, Victoria Smith, 19 Dwight Road, Gary Stephens, 29 Dwight Road, Bob Furr, 38 Dwight Road, Frank Vasquez. 25 Dwight Road, Leslie Lemar,2l Dwight Road. Mayor O'Mahony requested DPW Bagdon refer this situation to the TSP Commission to come up with a solution. The residents who have signed the petition will be notified when this will be discussed at an upcoming TSP meeting. 186 7. STAFF REPORTS AND COMMUNICATIONS A. DESIGNATION OF VOTING DELEGATE FOR LEAGUE ANNUAL CONFERENCE CM Argyres stated that the League of California Cities Conference being held in September in Anaheim is requesting that all cities be represented at the annual business meeting. If no member of the Council can attend, a voting representative can be designated. It was determined that the City Clerk will be the only person attending the conference and would need to be the voting delegate. Vice Mayor Galligan made a motion to designate Ann Musso, City Clerk, as the voting delegate at the League conference; seconded by Councilwoman Janney; motion carried unanimously by voice vote, 5-0. 8. CONSENT CALENDAR Item 8e was removedfor separate voting at the request of Councilman Spinelll a.RESOLUTION 83.2OOO ELECTING STATE DISABILITY INSURANCE COVERAGE WITH THE BURLINGAME PUBLIC SERVICE EMPLOYEES ASSOCTATTON (AFSCME 829) Assistant City Manager Becker recommended approval of Resolution #83-2000 to elect state disability insurance coverage with the Burlingame Public Service Employees Association (AFSCME 829). b. AT&T CABLE PROPOSAL TO CONNECT PUBLIC BUILDINGS WITH FIBER CABLE ACM Becker recommended approval of AT&T Cable Proposal to Connect Public Buildings with fiber cable. c. RE,COMMENDATION FOR PENINSULA LIBRARY SYSTEM ADVISORY BOARD MEMBER City Librarian Escoffier recommended Mary Lou Morton be appointed as the Burlingame Representative for the Library System Advisory Board. d. APPROVE AGREEMENT FOR CONTINUANCE OF LEASEHOLD INTEREST AND WAIVER OF RE,LOCATION ENTITLEMENTS AND COMPENSATION FOR LOSS OF BUSINESS GOODWILL BETWEEN THE CITY PACIFIC CONSTRUCTION, AND WILLIAMSON CABINET CO. REGARDING 1369 NORTH CAROLAN AVENUE 187 City Attorney Anderson recommended adoption of Resolution #84-2000 approving the agreement to continue existing tenancies at 1369 N. Carolan in exchange for waiver of claims for relocation and goodwill. f. RESOLUTION #86.2000 ACCEPTING WITHDRAWL OF BID BY J. HOWARI) ENGINEERING INC. AND AWARDING OF CONTRACT TO INTERSTATE GRADING AND PAVING INC. FO R 1140 LAGUNA AVENUE PARIflNG LOT h. IMPROVEMENTS _ CITY PROJECT NO. 9934 Director of Public Works Bagdon recommended that Council approve Resolution #86-2000, accepting withdrawal of the bid by the apparent low bidder, J. Howard Engineering, Inc., and award the 1140 Laguna Avenue Parking Lot Improvement project to the second low bidder, Interstate Grading and Paving, Inc., in the amount of $154,550. o TENTATIVE AND FINAL PARCEL MAP - SUBDIVIDE PARCEL 3 INTO PARCEL "3" AND PARCEL "4', VOLUME 71 OF PARCEL MAPS AT PAGES 51 AND s2, 1ss0 BAYSHORE IIIGIIWAY DPW Bagdon recommended that Council concur with the Planning Commission and approve the tentative and final parcel map for 1550 Bayshore Highway. AND FINAL PARCEL MAP - LOT COMBINATION PARCEL 2 AND 3, BLOCK 8, MILLS ESTATE NO. 3, BURLINGA REAL, PM OO.O4 DPW Bagdon recommended that Council concur with the Planning Commission and approve the tentative and final parcel map for 1825 El Camino Real. i. SPECIAL ENCROACHMENT PERMIT FOR A CEMENT BLOCK RET AINING WALL WITHIN THE CITY'S RIGHT.OF.WAY AT 1145 DRAKE AVENUE DPW Bagdon recommended that Council approve the Special Permit in accordance with the drawings and standard permit conditions regarding I145 Drake Avenue. j SPECIAL ENCROACHMENT PERMIT AMENDMENT FOR A WOODEN FENCE rN THE PUBLIC BtCUr-Or-WlV. tZOt g DPW Bagdon recommended that Council approve the amendment for a wooden fence in the public Right-of-W ay, 17 0 I Broadway. K. SPECIAL ENCROACHMENT PERMIT FOR A DUPLEX STRUCTURE, ENCROACHING INTO THE CITY'S STORM DRAINAGE EASEMENT t0t2 LAGUNA AVENUE DPW Bagdon recommended that Council approve the Special Encroachment Permit in accordance with the drawings and conditions regarding 1012 Laguna Avenue. 188 I. TREE PRUNING AND STUMP REMOVAL,2OOO.2OO1 Director of Parks and Recreation Williams recommended that Council adopt Resolution #87- 2000, accepting Timberline Tree Service, Inc. as the low responsible bidder for tree pruning and stump removal for 2000-2001. m. WARRANTS AND PAYROLL, JUNE 2000 Director of Finance Becker requested approval for payment of Warrants #70564-71032, duly audited, in the amount of $2,968,211.11 (excluding library check #70564-70712);Payroll checks 127563-128344 inthe amount of $1,371,374.32 and EFT's in the amount of $352,773.61 for the month of June, 2000. Councilman Spinelli made a motion to approve the Consent Calendar with the exception of ltem 8e, seconded by Councilwoman Janney, motion carried unanimously by voice vote, 5-0. 8e)ADOPT L CONFIRMING Df,CISION ON CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR PHASED CTION OF AN OFFICE COMPLEX AT 301 AIRPORT BOULEVARI) AND APPROVING VARIANCES AND CONDITIONAL USE PERMITS FOR CONSTRUCTION OF A DAY CARE CENTER, ZONED C-4 City Attomey Anderson informed the Council that in Exhibit E, page 2,there is an implication that .71FAR only applies if the childcare facility is excluded from the calculation. He explained that a .71 FAR applies whether the childcare facility is included or not because the facility occupies less than .71 of the proposed parcel. Vice Mayor Galligan made a motion to approve Resolution #85-2000, item 8e of the consent calendar, seconded by Councilwoman Janney, motion passed by a roll call vote, 4-1, with Councilman Spinelli dissenting. 9. COUNCIL COMMITTEE REPORTS Vice Mayor Galligan attended a meeting with the Executive Director of SAMSEDA, attended two separate PFRN Teen activities, and Bill and Natalie Lanam's 50th wedding anniversary. Councilwoman Janney attended the meeting with the Executive Director of SAMSEDA, North County Council of Cities Dinner, anci attended a guided tour of the new BART project. Councilman Spinelli participated in the American Cancer Society Relay for Life. Councilman Coffey attended the Airport Roundtable Committee meeting, Regional Airport Planning Commission, Father Michael Mahony's farewell party, the North County Council of Cities Dinner, and ran like a gazelle in the American Cancer Society Relay for Life. Mayor O'Mahony and the Burlingame Postmaster sponsored the American Cancer Society Relay for Life, San Mateo County Investment Advisory Committee, attended a PFRN Teen activity, and met with the Broadway Merchants to discuss the completed portion of the streetscape project. 189 10. OLD BUSINESS 11. NEW BUSINESS a. Council set an appeal hearing for 1108 Burlingame Avenue, Fanny and Alexander's, for the August 21't meeting. b. Council set an appeal hearing for 131 Loma Vista for the August 21't meeting. 12. ACKNOWLEDGEMENTS a.Commission Minutes: Planning, July l0 and July 24,2000; Parks and Recreation, July 20, 2000 b. Department Reports: Police, June 2000; Building, June and July 2000; Finance, June 30, 2000 c.Letter from Joseph L. Blanke, 23 Dwight Road, regarding traffic and speeding on Dwight Road d. Letter from Dick Axen, 1851 Lexington Avenue, San Mateo, regarding exorbitant rents for Burlingame businesses e. Letter from James Quinn, 1116 Vancouver, regarding RCN Telecom Services f. Letter from Emanuel Friedman,2100 Ray Drive, regarding parking on Broadway Avenue Council adjourned to closed session at 9:00 p.m. 13. CLOSED SESSION Council met in closed session following the council meeting to discuss the process for hiring a new City Manager and directed both City Manager and City Attorney with regard to further progress on that matter. Council returned to open session at9;32 p.m. 14. ADJOURNMENT Mayor O'Mahony adjourned the meeting at9:32 p.rn. in memory of David Hamrock, husband of pasi Senior Commissioner Vera Hamro&, in honbr of Bill and Natalie Lanam's 50th wedding anruversary , and in memory of Mrs. Isa Romoli, wife of the late Celestino Romoli, one of the JWuru.P Ann T. Musso City Clerk founders of youth soccer in Burlingame. 190