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HomeMy WebLinkAboutReso - CC - 084-2004RESOLUTION APPROVING AMENDMENT TO CONDITIONAL USE PERMIT RESOLVED by the CITY COUNCIL of the City of Burlingame that: WHEREAS, an environmental impact report has been proposed and application has been made for a shared use to allow cars parked in the adjacent long term airport parking at 620 Airport Blvd. to exit through the property located at 600 Airport Boulevard, zoned C-4, APN: 026-363-490; Harbor View Hotels Inc., property owner. WHEREAS, this matter was heard by the City Council and a hearing thereon held on Se ten .mher 7, 20x14 at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is hereby RESOLVED and DETERMINED by this Council that: 1. On the basis of Mitigated Negative Declaration ND -533-P 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 the Mitigated Negative Declaration is hereby approved. 2. Said amendment to the conditional use permit is approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such amendment to the conditional use permit are as set forth in the minutes and recording of said meeting. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. I, Doris Mortensen, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 7th day of September , 2994, and adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, NAGEL, O'MAHONY NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINING: COUNCILMEMBER GALLIGAN CITY CLERK Recording Requested by: Doris J. Mortensen, City Clerk City of Burlingame 501 Primrose Road Burlingame, CA 94010 When Recorded Mail to: Doris J. Mortensen, City Clerk City of Burlingame 501 Primrose Road Burlineame. CA 94010 2005-098482 11:01 am 06/14!05 R1 Fee: NO FEE Count of pages 6 Recorded in Official Records County of San Mateo Warren Slocum Assessor -County Clerk -Recorder 111111111 1E1 111I Ilii 111111II11i'l1111111111111111111 I'l I * 2 0 0 5 0 0 9 8 4 8 2 A R* THIS SPACE FOR RECORDER'S USE ONLY RECEIVED JUL 15 2005 CITY CLERK'S OFFICE CITY OF BURLINGAME TITLE OF DOCUMENT: RESOLUTION APPROVING MITIGATED NEGATIVE DECLARATION AND CONDITIONAL USE PERMIT 620 AIRPORT BOULEVARD, BURLINGAME 94010 APN: 026-342-330 Owner: Boca Lake Office, Inc. 433 California, 7th Floor San Francisco, CA 94104-2201 ;K RESOLUTION APPROVING MITIGATED NEGATIVE DECLARATION AND CONDITIONAL USE PERMIT RESOLVED by the CITY COUNCIL of the City of Burlingame that: WHEREAS, a Mitigated Negative Declaration has been proposed and application has been made for tinnal use nermit for a long-term aimnrtan rking interim nse at 620 Airport Boulevard, Zoned C-4 _ WHEREAS, the Planning Commission held a public hearing on said application on June 28, 2004 at which time said application was approved; WHEREAS, this matter was appealed to City Council and a hearing thereon held on September 7, 2004, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is hereby RESOLVED and DETERMINED by this Council that: On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this commission, it is hereby found that there is no substantial evidence that the project set forth above with the mitigation measures proposed will have a significant effect on the environment, and a mitigated negative declaration, per Mitigated Negative Declaration No. ND -533P, is hereby approved. 2. Said conditional use permit is approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such conditional use permit are as set forth in the minutes and recording of said meeting. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. VICE MAYOR I, Doris Mortensen, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 71h day of � tep._mher 2004 and adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, NAGEL, O'MAHONY NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINING: COUNCILMEMBER GALLIGAN CITY CLERK Conditiotes of approvalfor 620 Airport Blvd City Council Resolution EDIT "A'• Conditions for 620 Airport Blvd. Recommended by the Planning Commission 1. that the long-term airport parking facility use shall operate as shown on the plans submitted to the Planning Department and date stamped June 22, 2004, sheet Sk.la and date stamped September 2, 2003, sheet Sk.2a; 2. that should the operator decide to have the shuttle buses that pick up and deliver the customers exit using the 20 foot wide driveway ramp located on site, rather than exit through the adjacent hotel parking lot ,the shuttle bus rolling stock shall be limited in size to a maximum of 30 feet in length and 8.5 feet in width, the driveway apron on Airport Blvd shall be increased to 24 feet and the transition area at the bottom of the ramp shall be increased to 40 feet in width where there shall be a 14 foot outbound lane and an 30 foot inbound lane designated along with a three foot area in between for the gate controller box; all of these improvements shall be reviewed and approved by the City Engineer prior to issuance of a building permit or any required encroachment permits, it shall be the responsibility of the operator to insure the maintenance of the improvements in the public right-of-way and on site and to insure that roll stock/shuttle standards are met, failure to do so shall cause this conditional use permit to be reviewed by the Planning Commission; 3. that the conditions of the City Engineer's July 30, 2003, memo and the City Arborist's June 17, 2004, memo shall be met, which includes planting 5 -gallon Frazer's Photinia spaced four feet apart, with proper irrigation, in front of the security fence along Airport Boulevard; 4. that the property owner shall pay to the city a Bayfront Development Fee, based on p.m. peak hour trips generated by the interim use, one-half at the time of applying for any permits for construction, including encroachment permits from the city, and one half at the time of final inspection of construction work; 5. that drainage from paved surfaces, parking lot and driveways, shall be routed to catch basins that are equipped with fossil filters (sand/gravel filters) prior to discharge into the storm drain system, the property owners shall be responsible for inspecting and cleaning all filters twice each year as well as immediately prior to and once during the rainy season (October 15 — April 1) and shall submit to the City and have approved a plan for filter/drain maintenance; 6. that the long-term airport parking use shall be operated seven days a week, 24 hours a day with a maximum of 350 parking spaces, and no auto maintenance, auto repair, auto washing or enclosed van storage shall take place on site nor shall the use of any number of parking spaces be contracted to a single user or corporation without amendment of this use permit; 7. that the property owners agree to assume all responsibility for any on-site flooding or storm drainage problems and to hold the City harmless from any claims arising from such problem and that this assumption shall be in a recorded written agreement in a form approved by the City Attorney; 8. that the landscape plan shall be reviewed and approved by the City Arborist prior to issuing a building Conditions of approval for 620 Airport Blvd. City Council Resolution or grading permit for this project; 9. that the landscaping and irrigation system shall be maintained by the property owner including but not limited to weed control, pedestrian and vehicular clearance along the sidewalks and bike path, and replacement of plant material as necessary to maintain a visual barrier and the approved landscape design; 10. that this use permit for long term airport parking with the conditions listed herein is a temporary use and shall expire on September 7, 2009 (5 years); 11. that the parking lot lighting shall be energy efficient to the extent feasible to provide adequate light for customer safety, 12. that the applicant shall work with the City to establish an agreement regarding how the long term airport parking tax is to be collected if the parking spaces are used in association with a park and fly hotel room or other promotion program in association with the adjacent hotel or any office, hotel or other use; 13. that prior to commencement of grading and/or construction activities, the project sponsor shall submit a dust abatement program for review and approval of the City's NPDES (National Pollution Discharge Elimination System) administrator; the project sponsor shall require the construction contractor to implement this dust abatement program; 14. that if archaeological remains are uncovered, work at the place of discovery should be halted immediately and a qualified archaeologist retained to evaluate the find; accidental discovery of archaeological deposits could require additional archaeological investigations to determine the significance of the find; 15. that if human remains are encountered during project construction, the San Mateo County Coroner's Office will be notified immediately. The coroner will determine if the remains are those of a Native American, and if they are, will notify the Native American Heritage Commission. The Native American Heritage Commission will make a determination regarding the individual's "most likely descendant" who will then make recommendations for the disposal of the remains. The Native American Heritage Commission will mediate conflicts between the project proponent and the most likely descendant. Accidental discovery of human remains could require additional investigations to determine if other graves are present; 16. that a site-specific, design -level geotechnical investigation shall be prepared that assesses the impacts of proposed project modifications to the levee on levee stability and any fill on site. The geotechnical investigation shall be conducted by a California Certified Geotechnical Engineer or Civil Engineer, and shall include an analysis of expected ground motions along the San Andreas fault in accordance the 1997 Uniform Building Code (UBC) and the California Building Code (Title 24) additions. Expected ground motions determined by a registered geotechnical engineer shall be incorporated into the final design as part of the project. The final seismic considerations for the site shall be submitted to and approved by the City of Burlingame Structural and City Engineers before grading permits are issued; 17. that the project storm drainage system shall be designed and constructed in accordance with the STOPPP NPDES permit, including all provisions to the C.3 requirements, to reduce long-term water Conditions of approval for 620 Airport Blvd City Council Resolution quality impacts from potentially contaminated runoff. The project sponsor shall provide a plan for long-term operations and maintenance of the oil and sediment separator or absorbent filter systems including but not limited to the operating schedule, maintenance frequency, routine service schedule, specific maintenance activities, and the effectiveness of the water treatment systems. The performance of the filters shall be monitored regularly by the project applicant or a third party to determine the effectiveness of the water treatment and conclusions reported to the City. To further help minimize and prevent the amount of pollutants entering the storm drain system, the project sponsor shall implement Best Management Practices and source control measures that shall include, but are not necessarily limited to, regular street sweeping by mechanized equipment, proper clean-up of soil debris following landscape work or small scale construction, available trash receptacles, regular trash collection and the application of absorbent material on oil and fuel leaks from automobiles; 18, that during operation of the project, the project sponsor shall implement a program for regularly collecting and properly disposing of litter and debris that may accumulate on the project site; 19. that order to maintain the existing on-site well for potential use for any future long -tern development on the project site, the well head elevation shall be modified if needed in accordance with proposed project grading and construction plans and a new well vault shall be installed in accordance with San Mateo County water well standards to prohibit infiltration of storm water contaminants and prevent potential damage to the well casing, 20. that the applicant shall require the construction contractor to limit noisy construction activities to the least noise -sensitive times of the day and week (Monday through Friday, 7:00 a.m. to 6:00 p.m.; and Saturday, 10:00 a.m. to 5:00 p.m.; none on Sunday and holidays); 21. that the applicant shall require contractors to muffle all equipment used on the site and to maintain it in good operating condition. All internal combustion engine -driven equipment shall be fitted with intake and exhaust mufflers that are in good condition. This measure should result in all non -impact tools generating a maximum noise level of no more than 85dBA when measured at a distance of 50 feet; 22. that applicant shall require contractors to turn off powered construction equipment when not in use; 23. that the use and any improvements for the use shall meet all California Building and Fire Codes, 2001 Edition as amended by the City of Burlingame; and 24. that should the hotel at 600 Airport Blvd_ at any time deny the long term airport parking facility the use of the exit gate and pay booth, the long term airport parking use at 620 Airport Blvd. shall cease immediately. Cross property of 600 Airport Blvd. is limited to only the exiting of cars from the long term airport parking use at 620 Airport Blvd. and for no other use of 620 Airport Blvd.or any other property, 7 hereby certify this to be a full, true and correct copy of the document it purports to be, the original of which is I'll file in my office. Dated: Co �y97� —U Cler City of Burlingame RESOLUTION APPROVING AMENDMENT TO CONDITIONAL USE PERMIT RESOLVED by the CITY COUNCIL of the City of Burlingame that: WHEREAS, an environmental impact report has been proposed and application has been made for a shared use to allow cars parked in the adjacent long term airport parking at 620 Airport Blvd. to exit through the property located at 600 Airport Boulevard, zoned C-4, APN: 026-363-490; Harbor View Hotels Inc., property owner. WHEREAS, this matter was heard by the City Council and a hearing thereon held on September 7, 20 at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is hereby RESOLVED and DETERMINED by this Council that: 1. On the basis of Mitigated Negative Declaration ND -533-P 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 the Mitigated Negative Declaration is hereby approved. 2. Said amendment to the conditional use permit is approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such amendment to the conditional use permit are as set forth in the minutes and recording of said meeting. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. MAPR I, Ann Musso, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the -7E day of September 2000, and adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, NAGEL, O'MANONY NOES: COUNCILMEMBERS: NOME ABSENT: COUNCILMEMBERS: NONE CITY CLERK Conditions of Approval for 600 Airport Blvd. City Council Resolution EYJMIT "A" Current Conditions and Additions to Conditions for 600 Airport Blvd.: that the controlled access parking plan shall be built and implemented as shown on the plans submitted to the Planning Department and date stamped April 12, 2000, Site Plan and date stamped February 23, 2000, Lower Level Parking, and the installation shall conform to all the requirements of the California Building and Uniform Fire Codes, 1998 Edition, as amended by the City of Burlingame; 2. that a fee may be charged for self -park visitors at a rate of up to $1.00 per hour with a maximum of $12.00 for a 24-hour period; the fee for valet parking shall be a $9.00 flat fee for the first six hours and a $16.00 flat fee for hours 6 through 24; and any change to these fees shall be reviewed by the Planning Commission at a public hearing; 3. that any change to the number of parking spaces provided on site, their configuration and/or the operation of the parking controls shall require amendment to this use permit; 4. that any change to the operation of the controlled and/or valet parking affecting the fee charged, the area used, or the traffic controls shall require amendment to this use permit; 5. that the hotel on-site parking shall be reserved for hotel guests and employees and no parking spaces shall be rented or uses as a part of a room rental or any other promotion which shall require or allow customers to leave their cars on the hotel site with or without payment while that customer is not present on the site as a registered guest; 6. employees shall not leave their vehicles on site for longer than their shifts at the hotel; 7. the hotel shall report to the city twice a year in 6 month intervals the number of cars which have parked longer than 24 hours and are not registered hotel guests and the use permit shall be reviewed if more than 10% of the on-site parking spaces are employed for this duration; 8. that the required parking areas shall not be used for long-term parking or converted to useable/leasable space as a part of any hotel promotion; 9. that all parking spaces on the hotel site shall be used by guests present on the site or visitors to the site using hotel facilities, no required on-site parking spaces shall be used for any hotel promotions which include parking while the guest is not present on the site; Conditions of Approval for 600 Airport Blvd. City Council Resolution 10. that should the hotel operator ever wish to undertake a promotion which includes providing parking while the guest is not present on the site, the operator shall be required to amend the conditional use permit granted for the hotel use on the site before instituting such a promotion, such request shall include a letter documenting how, when and where the cars of the guests who are not present on site will be parked and how the long term airport parking tax accrued by these parked cars shall be paid to the city, 11. that this proposal for controlled access to parking providing 423 on-site parking spaces is for the existing 404 -room hotel and its support facilities; a plan for controlled access parking for a proposed addition to this hotel shall require an amendment to this conditional use permit; 12. that no room in the hotel shall be leased to a single individual, company or corporate entity for more than 29 days and no rooms and/or any part of the building shall be leased for permanent residential purposes; 13. that the applicant shall provide an airport shuttle service to pick up and deliver customers and which shall include connections to the local CalTrain and Bart stations to accommodate employees at shift changes, failure to do this shall result in review of the hotel's conditional use permit; 14. that hotel employees shall not be charged to park in the hotel parking lot; 15. that the hotel shall contribute its proportional share to the operation of the City's freebee shuttle service; 16. that the applicant shall provide 8 public access parking spaces to be located outside the access control gates at the south entrance from Airport Boulevard, these spaces shall be posted with shore access parking signs per BCDC requirements; and a decomposed granite pathway shall be installed between the parking area and the paved public access pathway along the lagoon; 17. that the exit from the hotel parking garage shall be shared with the adjacent long term airport parking facility located at 620 Airport Blvd. and that this joint use shall be used on by exiting cars from the long term airport parking and that there shall be no direct access from the hotel below grade parking into the long term airport parking lot for hotel guests or visitors, the access shall be protected with tire shredders, to prevent overflow of hotel parking into the long term airport parking lot; and 18. that this project shall meet all the requirements of the California Building and Fire Codes, 1998 Edition, as amended by the City of Burlingame; that all construction and site improvements be generally consistent with the plans and project description contained in EIR-52P; 2. that the mitigation measures identified in Exhibit A of the Planning Commission Resolution N. 5-79 be implemented by the project sponsor; Conditions of Approval for 600 Airport Blvd. City Council Resolution 3. that a development fee consistent with Ordinance No. 1151 be paid; such fee is presently estimated to be $37,180, and the developer shall be allowed to exceed the maximum height of 50 feet; 4. that the final drawings for this project show a parapet height above curb grade of not more than 162 feet; 5. that prior to the issuance of a building permit by the City of Burlingame the following requirements be met: (a) all permits required from other responsible agencies be obtained, such permits to include (but not be limited to) the Bay Conservation and Development Commission and the State Lands Commission (for use of the improvements on adjacent State owned parcels); (b) a design for the modification of the center island of the Airport Boulevard median strip be approved by the City; construction to be at the expense of the project sponsor; (c) all landscaping and irrigation systems be approved by the City, and be so designed that the maximum feasible on-site parking spaces are screened from adjacent State lands; and 6. that the proposed signs for this project are specifically excluded from this approval, and will require a separate application. Recording Requested by: 2004-188426 Ann T. Musso, City Clerk City of Burlingame 08:39am 09/20/04 R1 Fee: NO FEE Count of pages s 501 Primrose Road Recorded in Official Records Burlingame, CA 94010 County of San Mateo Warren Slocum Assessor -County Clerk -Recorder When Recorded Mail to: IIII II I�I�II 1111111111111IIII � I I�II188II I i Ann T. Musso, City Clerk City of Burlingame 501 Primrose Road p Burlingame, CA 94010 THIS SPACE FOR RECORDER'S USE ONLY �1 RECEIVED OCT 4 2004 CITY CLU. OFFICE CITY OF LL - _; lG,MIE TITLE OF DOCUMENT: RESOLUTION APPROVING AMENDMENT TO CONDITIONAL USE PERMIT APN: 026-363-490 Owners: Harbor View Hotels Inc. 600 AIRPORT BOULEVARD Burlingame, CA 94010 Conditidns of Approval for 600 Airport Blvd. City Council Resolution EXHIBIT "A" Current Conditions and Additions to Conditions for 600 Airport Blvd.: that the controlled access parking plan shall be built and implemented as shown on the plans submitted to the Planning Department and date stamped April 12, 2000, Site Plan and date stamped February 23, 2000, Lower Level Parking, and the installation shall conform to all the requirements of the California Building and Uniform Fire Codes, 1998 Edition, as amended by the City of Burlingame; 2. that a fee may be charged for self -park visitors at a rate of up to $1.00 per hour with a maximum of $12.00 for a 24-hour period; the fee for valet parking shall be a $9.00 flat fee for the first six hours and a $16.00 flat fee for hours 6 through 24; and any change to these fees shall be reviewed by the Planning Commission at a public hearing; 3. that any change to the number of parking spaces provided on site, their configuration and/or the operation of the parking controls shall require amendment to this use permit; 4. that any change to the operation of the controlled and/or valet parking affecting the fee charged, the area used, or the traffic controls shall require amendment to this use permit; that the hotel on-site parking shall be reserved for hotel guests and employees and no parking spaces shall be rented or uses as a part of a room rental or any other promotion which shall require or allow customers to leave their cars on the hotel site with or without payment while that customer is not present on the site as a registered guest; 6. employees shall not leave their vehicles on site for longer than their shifts at the hotel; the hotel shall report to the city twice a year in 6 month intervals the number of cars which have parked longer than 24 hours and are not registered hotel guests and the use permit shall be reviewed if more than 10% of the on-site parking spaces are employed for this duration; 8. that the required parking areas shall not be used for long-term parking or converted to useable/leasable space as a part of any hotel promotion; 9. that all parking spaces on the hotel site shall be used by guests present on the site or visitors to the site using hotel facilities, no required on-site parking spaces shall be used for any hotel promotions which include parking while the guest is not present on the site; Conditions of Approval for 600 Airport Blvd. City Council Resolution 10. that should the hotel operator ever wish to undertake a promotion which includes providing parking while the guest is not present on the site, the operator shall be required to amend the conditional use permit granted for the hotel use on the site before instituting such a promotion, such request shall include a letter documenting how, when and where the cars of the guests who are not present on site will be parked and how the long term airport parking tax accrued by these parked cars shall be paid to the city; 11. that this proposal for controlled access to parking providing 423 on-site parking spaces is for the existing 404 -room hotel and its support facilities; a plan for controlled access parking for a proposed addition to this hotel shall require an amendment to this conditional use permit; 12. that no room in the hotel shall be leased to a single individual, company or corporate entity for more than 29 days and no rooms and/or any part of the building shall be leased for permanent residential purposes; 13. that the applicant shall provide an airport shuttle service to pick up and deliver customers and which shall include connections to the local CalTrain and Bart stations to accommodate employees at shift changes, failure to do this shall result in review of the hotel's conditional use permit; 14. that hotel employees shall not be charged to park in the hotel parking lot; 15. that the hotel shall contribute its proportional share to the operation of the City's freebee shuttle service; 16. that the applicant shall provide 8 public access parking spaces to be located outside the access control gates at the south entrance from Airport Boulevard, these spaces shall be posted with shore access parking signs per BCDC requirements; and a decomposed granite pathway shall be installed between the parking area and the paved public access pathway along the lagoon; 17. that the exit from the hotel parking garage shall be shared with the adjacent long term airport parking facility located at 620 Airport Blvd. and that this joint use shall be used on by exiting cars from the long term airport parking and that there shall be no direct access from the hotel below grade parking into the long terra airport parking lot for hotel guests or visitors, the access shall be protected with tire shredders, to prevent overflow of hotel parking into the long term airport parking lot; and 18. that this project shall meet all the requirements of the California Building and Fire Codes, 1998 Edition, as amended by the City of Burlingame; 1. that all construction and site improvements be generally consistent with the plans and project description contained in EIR-52P; 2. that the mitigation measures identified in Exhibit A of the Planning Commission Resolution N. 5-79 be implemented by the project sponsor; Conditions of Approval for 600 Airport Blvd. City Council Resolution - 3. that a development fee consistent with Ordinance No. 1151 be paid; such fee is presently estimated to be $37,180, and the developer shall be allowed to exceed the maximum height of 50 feet; 4. that the final drawings for this project show a parapet height above curb grade of not more than 162 feet; 5. that prior to the issuance of a building permit by the City of Burlingame the following requirements be met: (a) all permits required from other responsible agencies be obtained, such permits to include (but not be limited to) the Bay Conservation and Development Commission and the State Lands Commission (for use of the improvements on adjacent State owned parcels); (b) a design.for the modification of the center island of the Airport Boulevard median strip be approved by the City; construction to be at the expense of the project sponsor; (c) all landscaping and irrigation systems be approved by the City, and be so designed that the maximum feasible on-site parking spaces are screened from adjacent State lands; and 6. that the proposed signs for this project are specifically excluded from this approval, and will require a separate application.