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HomeMy WebLinkAboutReso - CC - 019-2003RESOLUTION APPROVING AMENDMENT TO A CONDITIONAL USE PERMIT RESOLVED by the CITY COUNCIL of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for an amendment to the Conditional Use Permit to allow a car rental, storage and maintenance facility located at 778 Burlway Road, -zoned C4 , APN: 026-113-510; Alamo Rent -A -Ca , property owners. WHEREAS, the Planning Commission held a public hearing on said application on January 27, 2003 at which time said application was approved; WHEREAS, this matter was appealed to City CounciL and a hearing thereon held on February 18, 2003, 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 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 will have a significant effect on the environment, and a categorical exemption per Article 19, Section 15303 -Class I, 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 staff report, 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. MAYOR 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 _18th day of February, 2003, and adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, JAMNEY, O'MARONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Exhibit A Conditions of approval, with categorical exemption and amendment to conditional use permit for 778 Burlway Road, effective February 18, 2003 1) that the project shall be built as shown on the plans submitted to the Planning Department and date stamped January 3, 2003, sheets A0.1, A1.0, ALL, A2.1, and A22.1, site plan, partial site plan, second floor -administration, and building C floor plan, kiosk floor plan and reflected ceiling plan; 2) that the car rental, maintenance and storage facility may be open for business from 6:00 a.m. to 10:30 p.m. , seven days a week, and that there shall be no more an 50 employees and 25 customers on-site at any one time; 3) that there shall be a maximum of 600 cars stored on the site at any one time, this number shall include cars that are on-site for maintenance and there shall be a maximum of 2 car carriers on-site to deliver vehicles at any one time; 4)that no trucks delivering or picking up cars at this site shall arrive or depart between 7:00 a.m. and 9:00 a.m. or 4:00 p.m. and 6:00 p.m. daily, and all such deliveries shall be made on-site with no impact on the public street or right-of-way; 5) that the required number of handicap stalls for employees and/or customers shall be provided and designated at 778 Burl way Road as per the California Building Code, 2001 edition, and all employees shall be required to park in the 78 space employee parking lot in the southwestern portion of the site, employee parking shall be designated and employee cars shall have sticker identifying them as belonging to employees on-site, 6) that all employee parking shall be provided 24 hours a day, seven days a week at the south end of the site; 7) that the car rental operation at this site shall pay to the City of Burlingame $5,000 per year; the annual payment shall be payable in advance no later than April 30 of each year during which this permit is in effect. When one percent (1%) of the total gross rental for any vehicles for lease or rental originating from this site, whether those agreements are signed in Burlingame or adjacent jurisdictions exceeds $5,000 during any calendar year, the applicant shall then pay one percent of the total gross rentals to the City of Burlingame on a quarterly basis for the duration of the permit; this amount shall be due and payable no Tater than 30 days after the end of each calendar -year quarter. For purposes of this condition, agreements for rental from San Francisco International Airport car rental facility shall not be included in calculating the 1% payment to the City. In addition to making the payments required by this condition (either annual/flat amount or quarterly), the car rental operation shall file quarterly statements with the City of Burlingame Finance Department documenting the number of vehicle rental agreements signed at the site per month during the quarter on such forms as may be required by the City, and shall include a breakdown of the monthly vehicle rentals from the 778 Burlway Road site. In addition, the City of Burlingame shall accrue any sales tax revenue from rental contracts written in the City of Burlingame. Whether paying a fixed fee or 1% of the gross rental rates, the car rental operation on this site shall keep and preserve, for a 1wdod of three years, all records as may be necessary to determine the rentals L,•hibit A - 778 Burlmwy Road Page 2 from which the one percent (1%) payment calculation may be derived. Such records shall be available for delivery to the City for review with fifteen (15) days after request therefore, 8) that no cars shall be loaded, unloaded or stored on any public street, in any public right-of- way, or in any public access area; 9) that any change to the rental of cars, number of employees, amount of auto storage, addition of services or secondary business to the site, or any other aspect of the operation of the car rental business at this location shall require an amendment to this use permit; 10) that the fire lane from the east end of the site to Burlway Road shall be provided and maintained, unobstructed, on a permanent basis as required by the Fire and Public Works Department of the City of Burlingame; 11) that the property owner shall be responsible for the maintenance of the public access trail and improvements adjacent to the subject property for the life of the project and shall be liable for any damage caused to the pubic for failure to maintain these facilities to a safe standard, and further that the property owner shall seek Bay Conservation and Development Commission approval for redesigning the narrowest existing section of the trail and replacing and expanding the pavement in this area; 12) that the property owner shall install and maintain on a regular basis as prescribed by the city's NPDES inspector, petroleum filter pillows in all parking lot catch basins throughout the site, that all water used for washing cars on site shall be recycled by a method approved by the City Engineer, and that failure to install these systems within 90 days of approval of this use permit amendment ( May 3, 2003) or failure to maintain the effectiveness of these systems on an on-going basis shall cause this conditional use permit to be review by the Planning Commission; 13) that the project shall be reviewed for compliance with the conditions in one year, by February 3, 2004; 14) that this approval shall expire in two years and all said uses on the site shall cease unless the applicant applies for a permit extension by February 3, 2005, to be reviewed and approved by the Planning Commission; and 15)that any improvements for the use shall meet all California Building and Fire Code, 2001 edition as amended by the City of Burlingame. Recording Requested by: Ann T. Musso, City Clerk City of Burlingame 501 Primrose Road Burlingame, CA 94010 When Recorded Mail to: Ann T. Musso, City Clerk City of Burlingame 501 Primrose Road Burlingame, CA 94010 DOC a 2003-105976 Conformed Copy 04/22/2003 Warren Slocum Assessor -County Clerk -Recorder THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: RESOLUTION APPROVING AMENDMENT TO A CONDITIONAL USE PERMIT 778 Burlway Road Burlingame, CA 94010 Owners: Alamo Rent -a -Car APN: 026-113-510 RESOLUTION APPROVING AMENDMENT TO A CONDITIONAL USE PERMIT RESOLVED by the CTI'Y COUNCIL of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for an amendment to the Conditional Use Permit to allow a car rental, storage and maintenance facility located at 778 Burlway Road zoned C4 , APN: 026-113-510; Alamo Rent -A -Ca , property owners. WHEREAS, the Planning Commission held a public hearing on said application on January 27, 2003 at which time said application was approved; WHEREAS, this matter was appealed to City Council and a hearing thereon held on February 18, 2003, 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 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 will have a significant effect on the environment, and a categorical exemption per Article 19, Section 15303 -Class I, 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 staff report, 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. r OR 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 _18th day of February, 2003, and adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BAYLOCR, COFFEY, GALLIGAN, JANNEY, O'MAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Exhibit A Conditions of approval, with categorical exemption and amendment to conditional use permit for 778 Burlway Road, effective February 18, 2003 1) that the project shall be built as shown on the plans submitted to the Planning Department and date stamped January 3, 2003, sheets A0.1, A1.0, Al. t, A2.1, and A22.1, site plan, partial site plan, second floor -administration, and building C floor plan, kiosk floor plan and reflected ceiling plan; 2) that the car rental, maintenance and storage facility may be open for business from 6:00 a.m. to 10:30 p.m. , seven days a week, and that there shall be no more an 50 employees and 25 customers on-site at any one time; 3) that there shall be a maximum of 600 cars stored on the site at any one time, this number shall include cars that are on-site for maintenance and there shall be a maximum of 2 car carriers on-site to deliver vehicles at any one time; 4) that no trucks delivering or picking up cars at this site shall arrive or depart between 7:00 a.m. and 9:00 a.m. or 4:00 p.m. and 6:00 p.m. daily, and all such deliveries shall be made on-site with no impact on the public street or right-of-way; 5) that the required number of handicap stalls for employees and/or customers shall be provided and designated at 778 Burl way Road as per the California Building Code, 2001 edition, and all employees shall be required to park in the 78 space employee parking lot in the southwestern portion of the site, employee parking shall be designated and employee cars shall have sticker identifying them as belonging to employees on-site; 6) that all employee parking shall be provided 24 hours a day, seven days a week at the south end of the site; 7) that the car rental operation at this site shall pay to the City of Burlingame $5,000 per year; the annual payment shall be payable in advance no later than April 30 of each year during which this permit is in effect. When one percent (1%) of the total gross rental for any vehicles for lease or rental originating from this site, whether those agreements are signed in Burlingame or adjacent jurisdictions exceeds $5,000 during any calendar year, the applicant shall then pay one percent of the total gross rentals to the City of Burlingame on a quarterly basis for the duration of the permit; this amount shall be due and payable no hater than 30 days after the end of each calendar -year quarter. For purposes of this condition, agreements for rental from San Francisco International Airport car rental facility shall not be included in calculating the 1% payment to the City. In addition to making the payments required by this condition (either annual/flat amount or quarterly), the car rental operation shall file quarterly statements with the City of Burlingame Finance Department documenting the number of vehicle rental agreements signed at the site per month during the quarter on such forms as may be required by the City, and shall include a breakdown of the monthly vehicle rentals from the 778 Burlway Road site. In addition, the City of Burlingame shall accrue any sales tax revenue from rental contracts written in the City of Burlingame. Whether paying a fixed fee or 1% of the gross rental rates, the car rental operation on this site shall keep and preserve, for and of three years, all records as may be necessary to determine the rentals Exhibit A — 778 Burlwny Road Page 2 from which the one percent (1%) payment calculation may be derived. Such records shall be available for delivery to the City for review with fifteen (15) days after request therefore; 8) that no cars shall be loaded, unloaded or stored on any public street, in any public fight -of - way, or in any public access area; 9) that any change to the rental of cars, number of employees, amount of auto storage, addition of services or secondary business to the site, or any other aspect of the operation of the car rental business at this location shall require an amendment to this use permit; 10) that the fire lane from the east end of the site to Burlway Road shall be provided and maintained, unobstructed, on a permanent basis as required by the Fire and Public Works Department of the City of Burlingame; 11) that the property owner shall be responsible for the maintenance of the public access trail and improvements adjacent to the subject property for the life of the project and shall be liable for any damage caused to the pubic for failure to maintain these facilities to a safe standard, and further that the property owner shall seek Bay Conservation and Development Commission approval for redesigning the narrowest existing section of the trail and replacing and expanding the pavement in this area; 12) that the property owner shall install and maintain on a regular basis as prescribed by the city's NPDES inspector, petroleum filter pillows in all parking Pot catch basins throughout the site, that all water used for washing cars on site shall be recycled by a method approved by the City Engineer, and that failure to install these systems within 90 days of approval of this use permit amendment ( May 3, 2003) or failure to maintain the effectiveness of these systems on an on-going basis shall cause this conditional use permit to be review by the Planning Commission; 13) that the project shall be reviewed for compliance with the conditions in one year, by February 3, 2004; 14) that this approval shall expire in two years and all said uses on the site shall cease unless the applicant applies for a permit extension by February 3, 2005, to be reviewed and approved by the Planning Commission; and 15)that any improvements for the use shall meet all California Building and Fire Code, 2001 edition as amended by the City of Burlingame. �PtEO co Warren Slocum Chief Elections Officer & Assessor -County Clerk -Recorder RECEIPT # 251237 Clerk: TNGUYEN 04/22/2003 08:52A Document Num: 2003-105976 REC. NO.: 2003-105976 # Pgs : 5 DOC TYPE: RESOLUTIONS FEE: 19.00 TOTAL NO CHARGE FEE -----> 19.00 Assessor phone 650.363.4500 fax 650.363.1903 email assessor@care.co.sonmateo.ca.us TOTAL FEE ---------------> 0.00 TOTAL PAYMENTS ----------> 0.00 Page 1 Clerk phone 650.363.4712 fax 650.363.4843 ...it Berk@core.co.sonmateo.ca.us 555 County Center Redwood City, CA 94063-1665 web www.00re.co.sanmateo.ca.us RECEIVED CiOFFICE Of RURLIGAME Recorder phone 650.363.4713 fax 650.599.7386 ...it recorder@mre.co.sanmateo.ca.us Recording Requested by: Ann T. Musso, City Clerk City of Burlingame 501 Primrose Road Burlingame, CA 94010 When Recorded Mail to: Ann T. Musso, City Clerk City of Burlingame 501 Primrose Road Burlingame, CA 94010 DOC N 2003-067524 03/14/2003 11:52A PE Fee:NC Page 1 of 4 Recorded in Official Records County of San Mateo Warren Slocum Assessor -County Clerk -Recorder Recorded By 1111111111111111111111 $11111111 III 11111111111 THIS SPACE FOR RECORDER'S USE ONLY I OR TITLE OF DOCUMENT: CONDITIONAL USE PERMIT Alamo Rent -a -Car 778 Burlway Road Burlingame, CA 94010 APN #026-113-510 RESOLUTION APPROVING AMENDMENT TO A CONDITIONAL USE PERMIT RESOLVED by the CITY COUNCIL of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for an amendment to the Conditional Use Permit to allow a car rental, storage and maintenance fatality located at 778 Burlway Road, -zoned CA , APN: 026-113-510; Alamo Rent -A -Ca , property owners. WHEREAS, the Planning Commission held a public hearing on said application on January 27, 2003 at which time said application was approved; WHEREAS, this matter was appealed to City Council- and a hearing thereon held on February 18, 2003, at which time it reviewed and considered the staff report and all other written materials and testimony in presented at said 'nearing; hQ N mea NOW, THEREFORE, it is hereby RESOLVED and DETERMINED by this Council that: m N Mo �N N 1. On the basis of the Initial Study and the documents submitted and reviewed, and comments received 0" and addressed by this commission, it is hereby found that there is no substantial evidence that the project set Naa forth above will have a significant effect on the environment, and a categorical exemption per Article 19, Section 15303 -Class 1, 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 staff report, minutes and recording of said meeting. It is finther directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. 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 _18th day of February, 2003, and adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, JANNEY, O'MAHONY NOEl :heA4"GWW": tcNONE a full, true anr� correcr he _'_ - >nt it ABSlpo1TNCU,MIIVIBE13S:igNONE ,which is on file i*, :rice. Dated: �Nm -- UvjrD City Clerk City of Buriingame Exhibit A Conditions of approval, with categorical exemption and amendment to conditional use permit for 778 Burlway Road, effective February 18, 2003 1) that the project shall be built as shown on the plans submitted to the Planning Department and date stamped January 3, 2003, sheets A0.1, Al -0, Al. 1, A2.1, and A22.1, site plan, partial site plan, second floor -administration, and building C floor plan, kiosk floor plan and reflected ceiling plan; 2) that the car rental, maintenance and storage facility may be open for business from 6:00 a.m. to 10:30 p.m. , seven days a week, and that there shall be no more an 50 employees and 25 customers on-site at any one time, 3) that there shall be a maximum of 600 cars stored on the site at any one time, this number shall include cars that are on-site for maintenance and there shall be a maximum of 2 car carriers on-site to deliver vehicles at any one time; 4) that no trucks delivering or picking up cars at this site shall arrive or depart between 7:00 a.m. and 9:00 a.m. or 4:00 p.m. and 6:00 p.m. daily, and all such deliveries shall be made on-site with no impact on the public street or right-of-way; 5) that the required number of handicap stalls for employees and/or customers shall be provided and designated at 778 Burl way Road as per the California Building Code, 2001 edition, and all employees shall be required to park in the 78 space employee parking lot in the southwestern portion of the site, employee parking shall be designated and employee cars shall have sticker identifying them as belonging to employees on-site; 6) that all employee parking shall be provided 24 hours a day, seven days a week at the south end of the site; 7) that the car rental operation at this site shall pay to the City of Burlingame $5,000 per year; the annual payment shall be payable in advance no later than April 30 of each year during which this permit is in effect. When one percent (1%) of the total gross rental for any vehicles for lease or rental originating from this site, whether those agreements are signed in Burlingame or adjacent jurisdictions exceeds $5,000 during any calendar year, the applicant shall then pay one percent of the total gross rentals to the City of Burlingame on a quarterly basis for the duration of the permit; this amount shall be due and payable no later than 30 days after the end of each calendar -year quarter. For purposes of this condition, agreements for rental from San Francisco international Airport car rental facility shall not be included in calculating the 1% payment to the City. In addition to making the payments required by this condition (either annual/flat amount or quarterly), the car rental operation shall file quarterly statements with the City of Burlingame Finance Department documenting the number of vehicle rental agreements signed at the site per month during the quarter on such forms as may be required by the City, and shall include a breakdown of the monthly vehicle rentals from the 778 Burlway Road site. In addition, the City of Burlingame shall accrue any sales tax revenue from rental contracts written in the City of Burlingame. Whether paying a fixed fee or 1% of the gross rental rates, the car rental operation on this site shall keep and preserve, for a_4)cnod of three years, all records as may be necessary to determine the rentals Exhibit A - 778 Burinny Road Page 2 from which the one percent (1%) payment calculation may be derived. Such records shall be available for delivery to the City for review with fifteen (15) days after request therefore, 8) that no cars shall be loaded, unloaded or stored on any public street, in any public right-of- way, or in any public access area; 9) that any change to the rental of cars, number of employees, amount of auto storage, addition of services or secondary business to the site, or any other aspect of the operation of the car rental business at this location shall require an amendment to this use permit; 10) that the fire lane from the east end of the site to Burlway Road shall be provided and maintained, unobstructed, on a permanent basis as required by the Fire and Public Works Department of the City of Burlingame; 11) that the property owner shall be responsible for the maintenance of the public access trail and improvements adjacent to the subject property for the life of the project and shall be liable for any damage caused to the pubic for failure to maintain these facilities to a safe standard, and further that the property owner shall seek Bay Conservation and Development Commission approval for redesigning the narrowest existing section of the trail and replacing and expanding the pavement in this area; 12) that the property owner shall install and maintain on a regular basis as prescribed by the city's NPDES inspector, petroleum filter pillows in all parking lot catch basins throughout the site, that all water used for washing cars on site shall be recycled by a method approved by the City Engineer, and that failure to install these systems within 90 days of approval of this use permit amendment ( May 3, 2003) or failure to maintain the effectiveness of these systems on an on-going basis shall cause this conditional use permit to be review by the Planning Commission; 13)that the project shall be reviewed for compliance with the conditions in one year, by February 3, 2004; 14) that this approval shall expire in two years and all said uses on the site shall cease unless the applicant applies for a permit extension by February 3, 2005, to be reviewed and approved by the Planning Commission; and 15) that any improvements for the use shall meet all California Building and Fire Code, 2001 edition as amended by the City of Burlingame. Q N N h� N NO 0�0 oma J,E O CO G Warren Slocum Chief Elections Officer & Assessor -County Clerk -Recorder RECEIPT # 243264 Clerk: JGREEN 03/14/2003 11:52A Document Num: 2003-067524 thru 2003-067525 REC. NO.: 2003-067524 # Pgs : 4 DOC TYPE: PERMIT FEE: 16.00 REC. NO.: 2003-067525 # Pgs : 5 DOC TYPE: RESOLUTIONS FEE: 19.00 TOTAL NO CHARGE FEE -----> 35.00 TOTAL FEE ---------------> TOTAL PAYMENTS ----------> Page 1 555 County Center Redwood City, CA 94063-1665 web w .mre.co.sonmateo.ca.us Assessor Clerk Recorder phone 650.363.4500 fax 650.363.1903 phone 650.363.4712 fax 650.363.4843 phone 650.363.4713 fax 650.599.7386 email ossessor@mre.co.sanmateo.ca.us emoil derWoore.co.sanmateo.cams ..it recorder@care.co.sonmateo.m.us