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HomeMy WebLinkAboutReso - CC - 030-2015RESOLUTION NO. 30-2015 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, OVERTURNING THE PLANNING COMMISSION'S FEBRUARY 23, 2015 DENIAL OF A CONDITIONAL USE PERMIT FOR VEHICLE STORAGE ON PROPERTY LOCATED AT 1260 CALIFORNIA DRIVE, SITUATED WITHIN AN UNCLASSIFIED ZONE RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT: WHEREAS, on January 15, 2015, E. James Hannay (dba Rector Motors) filed an application for a conditional use permit for motor vehicle storage on property located at 1260 California Drive (northeast corner of Broadway and California Drive); and WHEREAS, the Planning Commission considered the request at public hearings held on February 9, 2015 and February 23, 2015; and WHEREAS, following conclusion of the public hearing on February 23, 2015, by a tied vote of 3-3, the Planning Commission denied the application for a conditional use permit for vehicle storage at 1260 California Drive; and WHEREAS, subsequent to the Planning Commission's action, a City Council Member called the item up for review by the City Council pursuant to Section 25.16.070 of the Burlingame Municipal Code.; and WHEREAS, the City Council conducted a public hearing to review and consider the application at its regular meeting of April 6, 2015. NOW, THEREFORE, IT IS RESOLVED AND DETERMINED BY THE CITY COUNCIL THAT: Section 1. The City Council hereby overturns the Planning Commission's denial of the application and hereby approves the application for a conditional use permit for vehicle storage based upon the following findings: a) The use of the subject property for vehicle storage within a fenced area with controlled access to vehicles only by employees of Rector Motors, with movement of vehicles to and from the site at limited times, will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or convenience. b) The use of the property for vehicle storage is similar in nature to its past use as a public parking lot and is consistent with the policies of the Burlingame General Plan and the implementing regulations contained within the Zoning Ordinance. C) Conditions are imposed upon the motor vehicle storage use to assure that the use will not be in conflict with other uses in the area. The use does not include the erection of improvements upon the property, with the exception of a decorative security fence that will prohibit entry by unauthorized personnel and is designed to enhance the appearance of the site while used for RESOLUTION NO. 10-7015 vehicle storage and not create aesthetic impacts upon nearby uses and the character of the neighborhood. d) The use of the subject site for motor vehicle storage is Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA), Section 15311(b), Class 11- Accessory Structures - consists of construction, or replacement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (b) small parking lots. Section 2. The City Council hereby approves the application for a conditional use permit for vehicle storage associated with Rector Motors for property located at 1260 California Drive, subject to the following conditions: 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped January 15, 2015 and February 17, 2015, site plan, modified aerial and elevation; 2. that the proposed fence shall be a 3 -rail, black iron fence not to exceed a height of 6 feet, as detailed in the application materials dated January 15, 2015; 3. that the proposed fence shall include a pedestrian gate located near the intersection of Broadway and California; 4. that no cars shall be moved to and from this site between 7:00 a.m.- 9:00 a.m. and 4:00 p.m. - 7:00 p.m. Monday through Friday; 5. that the applicant shall complete a street address application to be assigned a physical address; 6. that the site shall be used for car storage only, no car sales, car repair, washing/detailing or other auto related activity shall be permitted on this site; 7. that no additional lighting or loudspeakers shall be installed or used at this site; 8. that should the lease agreement with the City and County of San Francisco Water Department and/or San Mateo County Transportation Authority (SamTrans) expire, this use permit shall become void; 9. that this approval shall be limited to a 5 -year term from the date of City Council approval; the applicant may apply to renew the use permit on or before April 6, 2020 at which time this use permit shall expire; 10. that the applicant agrees to meet with representatives of the City and discuss any proposed alternative uses for the subject area identified pursuant to City planning efforts; and RESOLUTION NO. zn_�ni 5 11. that a Fire Department lock box (Knox Box) shall be provided if deemed necessary by the Central County Fire Department's Fire Marshal. M yor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 6th day of April, 2015 by the following vote: AYES: COUNCILMEMBERS: BROWNRIGG, KEIGHRAN, NAGEL, ORTIZ, ROOT NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE L�6L,t,15 I �&� City Clerk