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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