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.