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