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HomeMy WebLinkAboutReso - CC - 079-2010RESOLUTION NO. 79-2010 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, DENYING THE APPEAL OF THOMAS A. DAILEY AND UPHOLDING THE PLANNING COMMISSION'S JULY 26, 2010, APPROVAL OF THE APPLICATION FOR COMMERCIAL DESIGN REVIEW, CONDITIONAL USE PERMIT AND PARKING VARIANCE TO CONVERT AN EXISTING AUTOMOBILE SERVICE BUILDING TO SELF STORAGE UNITS AND TO ADD NEW SELF STORAGE UNITS AT 1070 BROADWAY, ZONED RR (ROLLINS ROAD), SOUTHERN GATEWAY ENTRANCE OVERLAY AREA RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT: WHEREAS, on July 26, 2010, the Planning Commission approved an application for Commercial Design Review, Conditional Use Permit and Parking Variance to convert an existing automobile service building to self storage units and to add new self storage units at 1070 Broadway (APN: 026-131-200); Michael R. and Krystyna Harvey Tr, property owner, 1070 Broadway, Burlingame, CA, 94010; and WHEREAS, the Planning Commission's July 26, 2010 approval was appealed by Thomas A. Dailey, and the City Council conducted a public hearing on the appeal on October 18, 2010; denying the appeal and upholding the Planning Commission's approval. NOW, THEREFORE, IT IS RESOLVED AND DETERMINED BY THE CITY COUNCIL THAT: The City Council hereby denies the appeal and upholds the Planning Commission's July 26, 2010 approval of the application for Commercial Design Review, Conditional Use Permit and Parking Variance, based upon the Council's finding that the new modular storage units are consistent with the mass and bulk in the commercial neighborhood, that the proposed storage use is compatible with existing uses in the surrounding area and that the existing automobile sales use in the main building on the site would be retained. Additional findings for the City Council's action are as set forth in the minutes and recording of the City Council meeting of October 18, 2010. 2. On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this council, it is hereby found that there is no substantial evidence that the project set forth above will have a significant effect on the environment, and categorical exemption, per CEQA Article 19, 15301 (e) (2), which states that additions to existing structures are exempt from environmental review, provided that the addition will not result in an increase of more than 10,000 SF (7,559 SF net new building area proposed), and if all public facilities are available for maximum development permissible in the general plan, and the site is not in an environmentally sensitive area. 3. Said Commercial Design Review, Conditional Use Permit and Parking Variance are approved subject to the conditions set forth in Exhibit "A" attached hereto. 4. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. Mayor EXHIBIT A CONDITIONS OF APPROVAL —1070 BROADWAY COMMERCIAL DESIGN REVIEW, CONDITIONAL USE PERMIT AND PARKING VARIANCE that the project shall be built as shown on the plans submitted to the Planning Division date stamped July 16, 2010, sheets AO -1 through A3-2; 2. that prior to issuance of a building permit, the lease agreement for use of the Caltrain lot shall be amended to allow placement of the self storage units within the Caltrain lot, in addition to parking and landscaping, as reflected on the project plans date stamped July 16, 2010. In the event that the Caltrain lease is not extended, or is terminated at any time in the future, the matter shall return to the Planning Commission for consideration of an amendment to the Conditional Use Permit; 3. that this approval includes a waiver of the following development impact fees: Burlingame/Rollins Road Development Fee, General Facilities and Equipment Fee, Parks and Recreation Fee, and Storm Drainage Fee. The applicant shall still be responsible for payment of development impact fees as follows, based upon the new building floor area added to the property: Police Fee and Fire Fee; 4. that the 19 parking spaces provided on-site will be used only for customer and employee parking for the self storage facility and automobile dealership that is approved under this application and shall not be leased or rented for storage of automobiles either by customers of the self storage facility or by other businesses for off-site parking; 5. that the landscaping noted on sheet AO -1 shall be installed according to plan and shall be irrigated with an automatic irrigation system; landscaping that does not survive on the site shall be immediately replaced with an equivalent species; 6. that any changes to building materials, exterior finishes, windows, architectural features, roof height or pitch, and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staff); 7. that the conditions of the Chief Building Official's April 5 and June 23, 2010 memos, the Fire Marshal's April 12 and June 14, 2010 memos, the City Engineer's May 1, 2010 memo, the Parks Supervisor's April 5, 2010 memo, and the NPDES Coordinator's April 1, 2010 memo shall be met; 8. that any recycling containers, debris boxes or dumpsters for the construction project shall be placed upon the private property, if feasible, as determined by the Community Development Director; 9. that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; EXHIBIT A CONDITIONS OF APPROVAL —1070 BROADWAY COMMERCIAL DESIGN REVIEW, CONDITIONAL USE PERMIT AND PARKING VARIANCE 10. that prior to issuance of a building permit for construction of the project, the project construction plans shall be modified to include a cover sheet listing all conditions of approval adopted by the Planning Commission, or City Council on appeal; which shall remain a part of all sets of approved plans throughout the construction process. Compliance with all conditions of approval is required; the conditions of approval shall not be modified or changed without the approval of the Planning Commission, or City Council on appeal; 11. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; 12. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; 13. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2007 Edition, as amended by the City of Burlingame; and 14, that prior to final inspection, Planning Division staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans. 2 I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the City Council held on the 18th day of October, 2010 by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE City Cle k E Recording Requested by: Mary Ellen Kearney, City Clerk City of Burlingame 501 Primrose Road Burlingame, CA 94010 When Recorded Mail to: Mary Ellen Kearney, City Clerk City of Burlingame 501 Primrose Road Burlingame, CA 94010 RECEIVED DEC 13 2010 y,TY CLERK' OFFICE Wr 2010-145293 11:26 am 11/30/10 R1 Fee: 27.00 Count of Pages 5 Recorded in Official Records County of San Mateo III Warren Slocum I $II II III Inll I I ork-Recorder II II * R 0 0 0 1 0 9 0 6 3 0 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: RESOLUTION NO. 79-2010 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DENYING THE APPEAL OF THOMAS A. DAILEY AND UPHOLDING THE PLANNING COMMISSION'S JULY 26, 2010 APPROVAL OF THE APPLICATION FOR COMMERCIAL DESIGN REVIEW, CONDITIONAL USE PERMIT AND PARKING VARIANCE TO CONVERT AN EXISTING AUTOMOBILE SERVICE BUILDING TO SELF STORAGE UNITS AND TO ADD NEW SELF STORAGE UNITS AT 1070 BROADWAY, ZONED RR (ROLLINS ROAD), SOUTHERN GATEWAY ENTRANCE OVERLAY AREA ON PROPERTY SITUATED WITHIN A COMMERCIAL (R -R) ZONE APN: 026-131-200 MICHAEL R. AND KRYSTYNA HARVEY, TR. PROPERTY OWNER 1070 BROADWAY BURLINGAME, CA 94010 RESOLUTION NO. 79-2010 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, DENYING THE APPEAL OF THOMAS A. DAILEY AND UPHOLDING THE PLANNING COMMISSION'S JULY 26, 2010, APPROVAL OF THE APPLICATION FOR COMMERCIAL DESIGN REVIEW, CONDITIONAL USE PERMIT AND PARKING VARIANCE TO CONVERT AN EXISTING AUTOMOBILE SERVICE BUILDING TO SELF STORAGE UNITS AND TO ADD NEW SELF STORAGE UNITS AT 1070 BROADWAY, ZONED RR (ROLLINS ROAD), SOUTHERN GATEWAY ENTRANCE OVERLAY AREA RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT: WHEREAS, on July 26, 2010, the Planning Commission approved an application for Commercial Design Review, Conditional Use Permit and Parking Variance to convert an existing automobile service building to self storage units and to add new self storage units at 1070 Broadway (APN: 026-131-200); Michael R. and Krystyna Harvey Tr, property owner, 1070 Broadway, Burlingame, CA, 94010; and WHEREAS, the Planning Commission's July 26, 2010 approval was appealed by Thomas A. Dailey, and the City Council conducted a public hearing on the appeal on October 18, 2010; denying the appeal and upholding the Planning Commission's approval. NOW. THEREFORE. IT IS RESOLVED AND DETERMINED BY THE CITY COUNCIL THAT: The City Council hereby denies the appeal and upholds the Planning Commission's July 26, 2010 approval of the application for Commercial Design Review, Conditional Use Permit and Parking Variance, based upon the Council's finding that the new modular storage units are consistent with the mass and bulk in the commercial neighborhood, that the proposed storage use is compatible with existing uses in the surrounding area and that the existing automobile sales use in the main building on the site would be retained. Additional findings for the City Council's action are as set forth in the minutes and recording of the City Council meeting of October 18, 2010. 2. On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this council, it is hereby found that there is no substantial evidence that the project set forth above will have a significant effect on the environment, and categorical exemption, per CEQA Article 19, 15301 (e) (2), which states that additions to existing structures are exempt from environmental review, provided. that the addition will not result in an increase of more than 10,000 -SF (7,559 -SF -net -new -building area -proposed), and if all -public facilities are available for maximum development permissible in the general plan, and the site is not in an environmentally sensitive area. 3. Said Commercial Design Review, Conditional Use Permit and Parking Variance are approved subject to the conditions set forth in Exhibit "A" attached hereto. 4. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Matp.o>., I hereby certify this to be a full, true and correct copy of the document it purports to be, the original of which is on flid in my office_ Wim, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the City Council held on the 18th day of October, 2010 by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE City Cie k EXHIBIT A CONDITIONS OF APPROVAL -1070 BROADWAY COMMERCIAL DESIGN REVIEW, CONDITIONAL USE PERMIT AND PARKING VARIANCE that the project shall be built as shown on the plans submitted to the Planning Division date stamped July 16, 2010, sheets AO -1 through A3-2; 2. that prior to issuance of a building permit, the lease agreement for use of the Caltrain lot shall be amended to allow placement of the self storage units within the Caltrain lot, in addition to parking and landscaping, as reflected on the project plans date stamped July 16, 2010. In the event that the Caltrain lease is not extended, or is terminated at anytime in the future, the matter shall return to the Planning Commission for consideration of an amendment to the Conditional Use Permit; 3. that this approval includes a waiver of the following development impact fees: Burlingame/Rollins Road Development Fee, General Facilities and Equipment Fee, Parks and Recreation Fee, and Storm Drainage Fee. The applicant shall still be responsible for payment of development impact fees as follows, based upon the new building floor area added to the property: Police Fee and Fire Fee; 4. that the 19 parking spaces provided on-site will be used only for customer and employee parking for the self storage facility and automobile dealership that is approved under this application and shall not be leased or rented for storage of automobiles either by customers of the self storage facility or by other businesses for off-site parking; 5. that the landscaping noted on sheet AO -1 shall be installed according to plan and shall be irrigated with an automatic irrigation system; landscaping that does not survive on the site shall be immediately replaced with an equivalent species; 6. that any changes to building materials, exterior finishes, windows, architectural features, roof height or pitch, and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staff); 7. that the conditions of the Chief Building Official's April 5 and June 23, 2010 memos, the Fire -Marshal's April --12 and June 14, 2010 memos, the City Engineer's May 1, 2010 memo, _the Parks Supervisor's April 5, 2010 memo, and the NPDES Coordinator's April 1, 2010 memo shall be met; 8. that any recycling containers, debris boxes or dumpsters for the construction project.shall be placed upon the private property, if feasible, as determined by the Community Development Director; 9. that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay _Area Air Quality Management District; EXHIBIT A CONDITIONS OF APPROVAL —1070 BROADWAY COMMERCIAL DESIGN REVIEW, CONDITIONAL USE PERMIT AND PARKING VARIANCE 10. that prior to issuance of a building permit for construction of the project, the project construction plans shall be modified to include a cover sheet listing all conditions of approval adopted by the Planning Commission, or City Council on appeal; which shall remain a part of all sets of approved plans throughout the construction process. Compliance with all conditions of approval is required; the conditions of approval shall not be modified or changed without the approval of the Planning Commission, or City Council on appeal; 11. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; 12. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; 13. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2007 Edition, as amended by the City of Burlingame; and 14. that prior to final inspection, Planning Division staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans.