HomeMy WebLinkAboutReso - CC - 036-2011RESOLUTION NO. 36-2011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING THE DISPOSITION OF A PORTION OF CITY PARKING
LOT G (APN 029-220-170) ON PRIMROSE ROAD IN EXCHANGE FOR
A PARCEL OF PROPERTY LOCATED AT 161 HIGHLAND AVENUE
(APN 029-231-060) AND APPROVING A LOT LINE ADJUSTMENT
WHEREAS, after several years of public discussion, meetings and study, the City of
Burlingame adopted the Burlingame Downtown Specific Plan pursuant to the State Planning
Law; and
WHEREAS, as part of the Burlingame Downtown Specific Plan, the City of Burlingame
has set a policy goal of promoting economic development and increased housing opportunities in
the City's downtown area, including a specific goal of developing housing in the air space above
City parking lots; and
WHEREAS, in conformance with that objective, the City has attempted during the past
two years to obtain a parcel of property on Highland Avenue adjacent to City Parking Lot N so
as to increase the size of that lot in anticipation that the additional size may stimulate future
development of housing over that property while also providing additional downtown parking;
however, the City was unable to negotiate the purchase of that property; and
WHEREAS, in recent months, St. Catherine's Church approached the City with a
proposal to purchase the Highland Avenue property and to convey it to the City in exchange for
the City's conveyance of a portion of City Parking Lot G to St. Catherine's Church;
St Catherine's objective, at some undetermined time in the future, is to construct a gymnasium
and parish center on the assembled property; and
WHEREAS, St. Catherine's Church has indicated to the City that it would exchange the
parcels without any additional cash compensation from the City, regardless of the fact that the
Highland Avenue parcel appraised value is $420,000.00 more than the portion of Parking Lot G
which the City would convey as part of the exchange; and
WHEREAS, St. Catherine's Church has indicated that it would permit the City to
continue operating the portion of Parking Lot G as a parking lot and collecting the parking
revenue from that lot for a minimum of one year from the date of the land swap; and
WHEREAS, the City Planning Department performed an initial study on this proposed
property exchange project and determined that the project would not result in any significant
impact on the environment and, accordingly, prepared a negative declaration and the City
Council has adopted a negative declaration stating that this project will have no significant effect
on the environment; and
WHEREAS, to complete the land exchange transaction, a lot line adjustment would be
required to reconfigure the lot line between the City's remaining Parking Lot G and the
expanded parcel of St. Catherine's; and
WHEREAS, the Burlingame Planning Commission considered this property exchange
project at its meeting of April 25, 2011 and determined that the property exchange was consistent
with the Burlingame Downtown Specific Plan and recommended the matter to the Council,
though some Commissioners questioned the advisability and benefit of the transaction; and
WHEREAS, the increased land value to the City and the enhanced development
potential of an enlarged Parking Lot N resulting from this property exchange, would comprise a
significant public benefit; and
WHEREAS, pursuant to California Government Code section 37350, the City Council
has the authority to acquire and dispose of City property in any manner it deems appropriate as
long as such acquisition and/or disposition is for the public benefit and as long as such
acquisition and/or disposition has been found by the City Planning Commission to be consistent
with the General Plan or applicable Specific Area Plan; and
WHEREAS, the City Council noticed and conducted a pubic hearing at its meeting of
June 20, 2011, received and considered all public testimony and all written material submitted
including the staff reports for the Planning Commission and the City Council;
NOW, THEREFORE, the City Council of the City of Burlingame does hereby resolve,
determine and find as follows:
1. At the conclusion of the public hearing on June 20, 2011, the City Council
considered all of the facts presented in the Planning Commission staff report and minutes of that
meeting, the City Council staff report, minutes from the previous City Council meeting, all
related documentation and any and all written and oral comments.
2. The City Council of the City of Burlingame hereby approves the conveyance of a
portion of City Parking Lot G (APN 029-220-170) located on Primrose Road, between Howard
and Bayswater Avenues, Burlingame, California, to St. Catherine of Siena Church, however
legally designated, in exchange for a parcel of property adjacent to City Parking Lot N (APN
029-231-060) located at 161 Highland Avenue, Burlingame, California, as the properties are
described in Exhibit A attached hereto.
3. The City Council specifically finds that this property exchange is in the best
interests of the City and of the public because public parking will be increased, the value of the
land that the City will receive exceeds the value that it is exchanging, the potential for
development on the property that the City receives is enhanced under the Downtown Specific
Plan, and for such other reasons set forth in the record.
4. The City Council specifically finds that the property exchange is consistent with
applicable General and Specific Plan and adopts the findings therefore as set forth in the
testimony and papers presented to the City Council.
5. The Mayor and the City Manager are authorized to execute an agreement to
complete the property exchange and any other documents necessary to complete the transaction,
provided that the agreement and related documents are consistent with this approval and do not
add conditions to the exchange other than procedural and timing matters necessary to complete
the transaction.
Terry Nagel, Mayor
I, Mary Ellen Kearney, City Clerk of the City of Burlingame do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the City Council on the 20h day of
June, 2011, and was adopted thereafter by the following vote:
AYES: Councilmembers:BROWNRIGG, DEAL, KEIGHRAN, NAGEL
NOES: Councilmembers: NONE
ABSENT: Councihnembers:BAYLOCK (recused)
Mary Ellen keamey, City Clerk