HomeMy WebLinkAboutReso - CC - 080-2000RESOLUTION NO. 80-2000
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
GRANTING APPEAL OF PLANNING COMMISSION DECISION AND APPROVING A
NEGATIVE DECLARATION AND PARKING VARIANCES
AT 1411 CHAPIN AVENUE, BURLINGAME, CALIFORNIA WITH CONDITIONS
ZONE C-1
PROPERTY OWNER AND APPELLANT: JOSEPH KARP, TRUSTEE
APN 029-122-350
RESOLVED by the CITY COUNCIL of the CITY of BURLINGAME that:
WHEREAS, this matter came before the City Council on June 5, 2000, on an appeal by the
applicant and property owner from a Planning Commission decision denying the parking variances
sought for the property and was regularly noticed in accordance with State and City law; and
WHEREAS, the Council received and considered all written documentation and oral
testimony submitted from all interested persons; and
WHEREAS, the applicant is willing to grant the City a permanent easement for public
parking over approximately 2,280 square feet of the applicant's property; and
WHEREAS, the applicant is further willing to construct the improvements pursuant to City
standards and requirements to this easement area as well as existing Lot B-1 so that an additional 17
public parking spaces would be created; and
WHEREAS, the new public parking spaces will generate income to the City to support
parking maintenance and possible further improvements; and
WHEREAS, the increased public parking will not require the purchase of private property
or the removal of any existing uses; and
WHEREAS, because those additional public parking spaces will be immediately adjacent to
the project, will be improved entirely at applicant's own cost, will be developed through a permanent
easement in favor of the City, will not be subject to any control or oversight by the applicant, and will
be open to general public use, the amount of the on-site parking required for this project can be
properly reduced in scope from a total of 28 to 11 parking spaces, although this reduction can only
occur through approval of this specific variance; and
1
WHEREAS, without the then -owners claiming any credits, the property paid into City
assessment districts in the 1960's and 1970's for purposes of improving and creating public parking
in the Burlingame Avenue area and should be allowed some benefit for the use existing at the time
of the assessment districts; and
WHEREAS, the benefit given to the property as intensified by this proposal should be an
8 -parking space exemption because the Zoning Code at that time required one parking space per
residential unit, and the property contained 8 residential units; and
WHEREAS, this policy decision is approved even though the project will result in the
elimination of approximately 9 parking spaces now existing on the site; and
WHEREAS, one of the parking spaces that applicant seeks to have counted in mitigation of
his variance request is currently encompassed within an encroachment permit to another property
owner, John and Sherry Chiapelone of the Burlingame Garden Center; and
WHEREAS, that adjacent property owner has agreed to relinquish the encompassed area
from its encroachment permit if the project is approved by the City; and
WHEREAS, this project is a difficult in -fill project that will basically complete the
redevelopment of Chapin Avenue as a commercial area; and
WHEREAS, the difficulty in redeveloping the site while also providing parking makes the
proposed joint reconstruction of the public parking lot an appropriate reason for the variances
requested and appropriate mitigation; and
WHEREAS, the proposed public parking will also support surrounding uses; and
WHEREAS, the architecture and design of the project will be consistent with and will
enhance neighboring properties; and
WHEREAS, the 3 compact parking spaces to be provided on-site with back-up area on City
property are an existing condition; and
WHEREAS, the parking variances required by the placement of spaces that are partially on-
site and partially on City property will be open to the public and will conform to the parking standards
of the City; and]
WHEREAS, the negative declaration was properly prepared and noticed pursuant to the
State and City requirements, and it properly identifies possible significant environmental impacts of
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the proposed project and the mitigations required to reduce those potential impacts to less than
significant levels; and
WHEREAS, the conditions contained in Exhibit A hereto contain the mitigation monitoring
plan required pursuant to the negative declaration and CEQA; and
WHEREAS, the proposed project is consistent with the intent of the General Plan and the
Zoning Code,
NOW, THEREFORE, it is hereby ordered and directed as follows:
1. The appeal of the property owner and applicant from the decision of the Planning
Commission on this application is granted as provided below.
2. The negative declaration prepared pursuant to CEQA is approved subject to the mitigation
plan as provided in the conditions attached to this resolution as Exhibit A hereto.
3. The request for the following variances are approved subject to the conditions contained
in Exhibit A hereto:
a. A parking variance for providing 19 parking spaces where 20 are required after
deducting the 8 parking spaces provided because of the previous, full participation by the
property in City assessment districts used to develop public parking.
b. A parking variance for on-site dimension where 15 of the spaces proposed for the
project range from 17 to 13 feet in depth rather than the 20 -foot depth required.
c. A parking variance for providing no on-site back-up area for 15 of the 19 parking
spaces proposed for the project.
d. A parking variance for providing only 4 feet of the required back-up area for 4 of
the parking space proposed for the project.
e. A parking variance for providing 3 compact parking stall on-site where only one
compact parking stall would be allowed.
4. A certified copy of this resolution shall be recorded in the official records of the County
of San Mateo.
This decision is a final administrative decision of the City of Burlingame. Anyone wishing to
challenge this decision in a court of competent jurisdiction must do so within 90 days pursuant to
Code of Civil Procedure Section 1094.6 unless a shorter time is provided by State or Federal law.
The approval granted by this permit must be used within one year of the approval by the
Council or it may be subject to lapsing as provided in the Municipal Code.
D' n
Mayor
I, ANN T. 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 5th day
of July , 2000, and adopted thereafter by the following vote:
AYES: COUNCILMEMBER: COFFEY, GALLIGAN, JANNEY, OWAHONY, SPINELLI
NOES: COUNCELMEMBER:
ABSENT: COUNCILMEMBER:
Deputy City Clerk
MUV
CONDITIONS OF APPROVAL MITIGATED NEGATIVE DECLARATION AND
PARKING VARIANCES
1411 Chapin Avenue
1. The project including the reconstruction of public parking lot B-1 shall be built as shown on
the plans submitted to the Planning Department and date stamped May 17, 2000, Sheet Al -1,
Site Plan and Sheet A3-2, Building Sections, and date stamped January 10, 2000, Sheets A2-
1 through A3-1, Scheme A, and Site Survey, sheet 1;
2. The property owner shall replace the sidewalk, curb and gutter in front of 1411 Chapin
Avenue and public parking lot B-1 to the standards and with all the amenities required in the
Burlingame Avenue Streetscape Plan for this portion of the Chapin Avenue street frontage;
these improvements shall be put in place, inspected and accepted by the city prior to issuance
of an occupancy permit for the building;
An amendment to the encroachment permit for the Garden Center at 1417 Chapin Avenue
which deletes the 3' x 16.5' display rack area shall be granted prior to issuance of a building
permit for the construction of the office building;
4. The property owner shall dedicate an easement to the City over that portion of the lot shown
on the site plan, sheet Al -1 date stamped May 17, 2000, the irrevocable easement shall be for
use of property to expand City Parking Lot B-1, the form of the easement agreement shall be
approved by the City Engineer and the City Attorney, and the easement shall be recorded
prior to issuance of a building permit for the construction of the office building;
The property owner shall reconstruct and rebuild City Parking Lot B-1 to include the
easement area, including asphalting, striping, opaque fencing, purchasing and installing
parking meters, so that the lot accommodates 26 off-street parking spaces, two of which are
disabled accessible, and provide landscaping with irrigation improvements along the Chapin
Avenue street frontage and within the parking lot as shown in the plan date stamped January
10, 2000, all landscaping in the city parking lot shall be subject to the construction standards
of the city as set out by the City Engineer, to be completed prior to final inspection of the
proposed office building;
6. The contractor shall develop and implement a Demolition/Deconstruction Plan that makes
waste reduction, recycling and reuse a priority in the dismantling of buildings; the contractor
shall contact the City's franchised waste hauler/handler to arrange for waste handling
methods. The plan shall be reviewed and approved by the City Engineer and shall include,
but not be limited to the amount of waste expected to be generated, identification of the types
and estimates of quantities of materials to be reused or recycled, and the amount of material
estimated to be disposed of in landfill;
* — Condition required as part of
mitigation monitoring plan A-1
7. The contractor shall divert as much material as possible for reuse and recycling during the
construction of the project, and shall submit to the City Engineer at the end ofthe project and
prior to calling for final inspection statement copies of the amounts of materials reused, and
recycled, and disposed of in landfill during the course of the demolition/deconstruction and
construction;
8. The following conditions of the Public Works Director's memo of March 9, 2000 shall be
met:
a. The proposed plan shall provide stalls measuring 9 feet wide and 20 feet long, including
a 2.5 foot concrete sidewalk (with curb) on each side of the proposed public parking lot.
The elevation of the sidewalk shall be 6 inches above the paved parking lot. The curb
shall essentially function as a wheel stop. The design of the curb shall meet City's
standard details;
b. The proposed plan shall provide drainage protection for adjacent buildings as approved
by the City Engineer;
c. The proposed plan shall include reinforced parking meters in the sidewalk area. A pole
with a single head meter shall be positioned to the left of each stall to align with the white
striping. Meter heads shall have a 9 -inch horizontal clearance from the building. Meter
poles (2 1/2 inch diameter) shall be placed within 6 -inch diameter galvanized steel pipes
(or ductile iron pipes) with the void filled with concrete. Meter heads shall have a 1 -inch
vertical clearance from the top of the concrete (37 inches above grade). The concrete
at the top of the pipe shall slope away from the pole for drainage. The foundation shall
be 20 inches below grade. Only a single head meter shall be mounted on each pole. The
City Engineer may require paint or signs on the reinforced parking meters.
d. The applicant shall be responsible for undertaking the parking improvements,
material/parts acquisition, design and construction;
e. The applicant shall hold the City harmless for damage occurring to the property at 1411
Chapin Avenue as a result of the parking stall design;
9. The requirements of the Chief Building Official's April 27, 2000, memo and the Fire
Marshal's April 27, 2000, memo shall be met;
10. The tree on the adjacent property at 1417 Chapin Avenue shall be protected during
construction;
*11. Any improvements placed on the site shall meet all California Building and Fire Codes, 1998
Edition as amended by the City of Burlingame or the amendments and edition in effect at the
time the building permit is to be issued (Building Department);
* — Condition required as part of
mitigation monitoring plan A-2
*12. The design of the new building shall incorporate all the seismic standards and requirements
for structural stability of the California Building Code, 1998 Edition, or whatever edition is
in effect at the time the building permit is issued; (Building Department)
*13. The applicant shall comply with all the requirements of Ordinance 1503, the City of
Burlingame Storm Water Management and Discharge Control Ordinance during construction
and following and that a plan to implement these requirements shall be approved by the City
Engineer prior to issuance of any demolition or grading permits and all provisions of the plan
shall be adhered to during construction, inspections shall not be scheduled unless all the
provisions of the plan are being adhered to; (Public Works and Building Departments)
*14. Demolition of the existing structures and any grading or earth moving on the site shall be
required to comply with all the regulations imposed by the Bay Area Air Quality Management
District and the applicant shall have applied for and received a permit from the BAAQMD
prior to the issuance of an demolition or grading permits; inspections shall not be scheduled
unless all the requirements of the permit are being adhere to; (BAAQMD, Building
Department)
* 15. Prior to scheduling the final inspection of the construction of the building the applicant shall
install fire sprinklers according to a plan approved by the Fire Marshal; the fire sprinklers shall
be monitored by an approved central station via a facility approved by the Fire Marshal; (Fire
Department)
*16. All demolition, grading and construction shall abide by the construction hours established in
the municipal code amended to provide that there shall be no outdoor construction on
Sundays or legal holidays; (Building Department)
* 17. The method of construction and materials used in construction shall insure that the interior
noise level within the building does not exceed 45 dBA and if any question should arise the
developer shall provide appropriate noise tests to confirm that the interior noise level
requirement can be met on site or make adjustments to the structure to insure that these noise
levels are achieved; (Building Department)
*18. All new utility connections to serve the site and all existing utility connections which the City
Engineer determines are affected by the development, shall be installed by the developer at
his expense to meet current code standards and local capacities of the collection and
distribution systems as determined by the City Engineer; the extent of this work and its design
shall be determined, designed, and plans approved by the City Engineer prior to issuance of
a building permit and shall be installed, inspected and accepted by the City Engineer prior to
scheduling a final inspection for the building; (Public Works Department)
* 19. Sewer laterals from the site to the public sewer main shall be tested based on the requirements
of the city and, if found to be deficient, shall be replaced to city standards as approved by the
City Engineer; (Public Works Department)
* — Condition required as part of
mitigation monitoring plan A-3
*20. Any abandoned utilities and hookups identified or discovered during construction shall be
removed, their connections capped at the city source, inspected and accepted by the City
Engineer; all this work shall be completed prior to scheduling a final inspection of the
structure; ( Public Works Department)
*21. This project shall provide lighting in public parking lot B-1 to the standard of the city for
safety as determined by the City Engineer using lighting fixtures as defined in the City's
Streetscape plan for the area; any lighting on the structure or developer's site shall comply
with Ordinance No. 1477, Exterior Illumination Ordinance; (Public Works Department and
Building Division); and
*22. Should any cultural resources be discovered during construction, work shall be halted until
any items found have been fully investigated, at the expense of the developer, by a
professional accepted as qualified by the City Planner; the implementation of the
recommendations of the expert shall observed by the expert or his agent and final inspection
shall not be scheduled until all the recommendations have been executed to the satisfaction
of the City. (Planning Department)
* — Condition required as part of
mitigation monitoring plan A-4