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HomeMy WebLinkAboutReso - CC - 067-2013RESOLUTION NO. 67-2013 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, GRANTING THE APPEAL OF MARK HUDAK, ON BEHALF OF VANGUARD REAL ESTATE HOLDINGS, LLC AND APPROVING A REQUEST FOR AN EXTENSION OF A CONDITIONAL USE PERMIT FOR AN AUTO RENTAL, STORAGE AND REPAIR FACILITY LOCATED AT 778 BURLWAY ROAD, ON PROPERTY SITUATED WITHIN THE SHORELINE (SL) ZONE RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT: WHEREAS, on May 28, 2013, the Planning Commission denied (without prejudice) the application of Vanguard Real Estate Holdings, LLC for an extension of the conditional use permit for an existing auto rental, storage and service facility located at 778 Burlway Road; and WHEREAS, the Planning Commission's May 28, 2013 denial was appealed by Mark Hudak, on behalf of Vanguard Real Estate Holdings, LLC on June 4, 2013; and WHEREAS, the City Council conducted a public hearing to consider the appeal of the Planning Commission's denial of the extension of the conditional use permit at its regular meeting of July 1, 2013; NOW, THEREFORE, IT IS RESOLVED AND DETERMINED BY THE CITY COUNCIL THAT: Section 1. The City Council hereby grants the appeal and approves the request for an extension of the conditional use permit for an existing auto rental, storage and repair facility at 778 Burlway Road for a period of two years, until February 22, 2016, based upon the following findings, pursuant to Section 25.52.020 of the Burlingame Municipal Code: a) The auto rental, storage and service facility has existed at 778 Burlway Road since 1985. Continuation of the use for the extended term of the conditional use permit 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 auto rental, storage and repair facility is a legal non -conforming use of the property; the use is conducted in a manner in accord with the purposes of the Zoning Ordinance. C) There will be no removal of trees associated with the continuation of the existing auto rental, storage and repair facility at the location. d) Conditions are imposed upon the use to ensure that its operations are compatible with the purposes of the Zoning Ordinance and with the aesthetics, mass, bulk and character of existing and potential uses on adjoining properties and in the general vicinity, as follows: 1 RESOLUTION NO. 67-2013 that the project shall be built as shown on the plans submitted to the Planning Department and date stamped January 3, 2003, sheets A0.1, A1.0, A1.1, A2.1, and A22.1, site plan, partial site plan, second floor -administration, and building C floor plan, kiosk floor plan and reflected ceiling plan; 2. that this approval shall expire in years and all said uses on the site shall cease unless the applicant applies for a permit extension by February 22, 20_, to be reviewed and approved by the Planning Commission; 3. that the car rental, maintenance and storage facility may be open for business from 6:00 a.m. to 10:30 p.m., seven days a week , and that there shall be no more an 50 employees and 25 customers on-site at any one time; 4. that there shall be a maximum of 600 cars stored on the site at any one time, this number shall include cars that are on-site for maintenance and there shall be a maximum of 2 car carriers on-site to deliver vehicles at any one time; 5. that no trucks delivering or picking up cars at this site shall arrive or depart between 7:00 a.m. and 9:00 a.m. or 4:00 p.m. and 6:00 p.m. daily, and all such deliveries shall be made on-site with no impact on the public street or right-of- way; 6. that the required number of handicap stalls for employees and/or customers shall be provided and designated at 778 Burlway Road as per the California Building Code, 2001 edition, and all employees shall be required to park in the 78 space employee parking lot in the southwestern portion of the site, employee parking shall be designated and employee cars shall have sticker identifying them as belonging to employees on-site; 7. that all employee parking shall be provided 24 hours a day, seven days a week at the south end of the site; 8. that the car rental operation at this site shall pay to the City of Burlingame $36,500 per year; the annual payment shall be payable in advance no later than April 30 of each year during which this permit is in effect. When one percent (1%) of the total gross rental for any vehicles for lease or rental originating from this site, whether those agreements are signed in Burlingame or adjacent jurisdictions exceeds $36,500 during any calendar year, the applicant shall then pay one percent of the total gross rentals to the City of Burlingame on a quarterly basis for the duration of the permit; this amount shall be due and payable no later than 30 days after the end of each calendar -year quarter. For purposes of this condition, agreements for rental from San Francisco International Airport car rental facility shall not be included in calculating the 1 % payment to the City. In addition to making the payments required by this condition (either annual/flat amount or quarterly), the car rental operation shall file quarterly statements with the City of Burlingame Finance Department documenting the number of vehicle rental agreements signed at the site per month during the quarter on such forms as may be required by the City, and shall include a breakdown of the monthly vehicle rentals from the 778 Burlway Road site. In addition, the City of Burlingame shall accrue any sales tax revenue from rental contracts written in the City of Burlingame. Whether paying a fixed fee or 1% of the gross rental RESOLUTION NO. 67-2013 rates, the car rental operation on this site shall keep and preserve, for a period of three years, all records as may be necessary to determine the rentals from which the one percent (1%) payment calculation may be derived. Such records shall be available for delivery to the City for review with fifteen (15) days after request therefore; that no cars shall be loaded, unloaded or stored on any public street, in any public right-of-way, or in any public access area; 10. that any change to the rental of cars, number of employees, amount of auto storage, addition of services or secondary business to the site, or any other aspect of the operation of the car rental business at this location shall require an amendment to this use permit; 11. that the fire lane from the east end of the site to Burlway Road shall be provided and maintained, unobstructed, on a permanent basis as required by the Fire and Public Works Department of the City of Burlingame; 12. that the property owner shall be responsible for the maintenance of the public access trail and improvements adjacent to the subject property for the life of the project and shall be liable for any damage caused to the public for failure to maintain these facilities to a safe standard, and further that the property owner shall seek Bay Conservation and Development Commission approval for redesigning the narrowest existing section of the trail and replacing and expanding the pavement in this area; 13. that the property owner shall install and maintain on a regular basis as prescribed by the city's NPDES inspector, petroleum filter pillows in all parking lot catch basins throughout the site, that all water used for washing cars on site shall be recycled by a method approved by the City Engineer, and that failure to install these systems within 90 days of approval of this use permit amendment or failure to maintain the effectiveness of these systems on an on-going basis shall cause this conditional use permit to be review by the Planning Commission; and 14. that any improvements for the use shall meet all California Building and Fire Code, 2010 edition as amended by the City of Burlingame. 15. that at all times during the operation of the facility and, in particular, after cessation of the use, the property shall be maintained in a clean and orderly manner consistent with all applicable provisions of the Burlingame Municipal Code. Section 2. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. Mayor RESOLUTION NO. 67-2013 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 1" day of July, 2013 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN COUNCILMEMBERS: COUNCILMEMBERS:NAGEL