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Reso - CC - 006-1993
RECORDING REQUESTED BY CITY CLERK CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME CA 94010 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 file in my office., Dated: of SurlsnplM RESOLUTION NO. 6-93 RESOLUTION.APPROVING CATEGORICAL EXEMPTION SPECIAL PERMITS AND PARKING VARIANCES RESOLVED by the CITY COUNCIL of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for four special permits and two parking variances for a new restaurant at _ 1492 Bayshore Hiahwav WHEREAS, the Planning Commission held a public hearing on said application on December 14 , 1992 , at which time said application was denied; . WHEREAS, this matter was appealed to City Council and a hearing thereon held an February 1 , 1993 , 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 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 a Categorical Exemption, Sec. 15302 Class 2 (b) Replacement or reconstruction of existing structures and facilities, is hereby approved. 2. Said special permits and variances are approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such variances and special permits 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. e� MAYOR I, JUDITH A. MALFATTI, 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 1st day of February , 1993 , and adopted thereafter by the following vote: AYES: COUNCILMEN: HARRISON, KNIGHT, LEMBI, O'MAHONY, PAGLIARO NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE '�? CITY CLERK R-1 EXHIBIT "A" Conditions of approval, special permits and parking variances, 1492 Bayshore Highway (effective February 2, 1993) 1. that the new structure as built shall conform to the plans submitted to the Planning Department and date stamped November 30, 1992, Sheets Al, A2, A3, A4, L1 and Site Survey dated June 25, 1992, except that there shall be at least 113 parking spaces striped on site, 18 self park including handicapped accessible spaces and 95 valet parking spaces; 2. that before a building permit is issued the project shall receive a permit/permit amendment from the Bay Conservation and Development Commission and that all conditions of the BCDC permit shall be met; 3. that the highest point of the roof of the new structure shall be no higher than 30'-0" in height from the average top of curb (elevation 8.841) and the framing shall be surveyed to confirm the as built elevation and the survey accepted by the City Engineer prior to the final framing inspection and before the roofing material or exterior covering is attached; 4. that the conditions of the City Engineer's November 16, 1992 memo and the Fire Marshal's November 16, 1992 memo shall be met, and that any intensification of the use of the building such as adding a nightclub within the facility shall be reviewed by the Planning Commission to determine the impacts on parking; 5. that the parking layout shall be as shown on the plans date stamped November 30, 1992 as modified by City Council action with five handicap accessible spaces, 13 self park spaces designed to standard parking stall dimensions and 95 valet parking spaces none smaller than 8' x 16', that the asphalt shall be so marked and markings visibly maintained by the property owner at all times and that stalls set aside for self parking shall be clearly posted in such a way, that customers are aware that they are there and available for use, that there shall be no fee charged for valet parking and valet parking service shall be provided on site daily from opening to closing hours of the restaurant and at the off- site location between 6:00 P.M. and 2:00 A.M.; 6. that 30 off-site parking spaces shall be provided at 1499 Bayshore Highway for five years (from the date of the opening of the reconstructed restaurant), that this off-site parking shall be available for restaurant employees, customer valet parking and customer self parked cars between 6:00 P.M. and 2:00 A.M. daily, and that the lease for these spaces shall be renewed after five cc CO to c.J V Jvouu£e 9 years or 1492 Bayshore Highway shall be returned to the City Council for review and appropriate action; 7. that no cars, patrons or employees shall be parked in the set. c"e area on the south side of the building and it shall be the responsibility of the restaurant operator to police and enforce the parking limitations; 8. that the entrance driveway and parking layout on the project site shall not infringe upon any adjacent properties; 9. that the property owner shall be responsible for installing and maintaining the public access areas and shall see that trash receptacles are installed, maintained and emptied on a regular basis to ensure the public's health and safety and to maintain the appearance of the area in accordance with the requirements of the BCDC permit; and if after a seven day notice by registered mail the area has not been maintained, the property owner shall be subject to a $100 per day fine until the area is maintained to a standard acceptable to the city Director of Parks; 10. that during construction the following practices shall be followed: construction activities involving soil excavation of the seawall and riprap toe shall occur during the approximately 14 days a month of low water or neap tides, all loose soil shall be removed from this part of the project site or compacted and t2.D protected during this period; a temporary silt fence shall be W constructed at about the 4.5' NGVD elevation to serve as a barrier © for construction equipment, to prevent disturbance to lower CU shoreline communities and to filter out runoff; A,a 11. that the trash enclosure shall be modified as necessary to provide ¢.^ for trash recycling and it shall be the responsibility of the +O restaurant operator to ensure recycling occurs; 12. that the project as built shall meet all the requirements of the Uniform Building Code and Uniform Fire Code as amended by the City of Burlingame; 13. that a row of trees placed in protected wells shall be installed along the north side of the entry driveway between 1496 Bayshore Highway and this property and the striped parking layout modified to accommodate at least 18 self park parking spaces and at least 95 valet parking spaces; and 14. that this project shall be reviewed for compliance with these conditions of approval in 18 months time (July, 1994) and/or upon complaint. RESOLUTION NO. 6-93 RESOLUTION APPROVING CATEGORICAL EXEMPTION, SPECIAL PERMITS AND PARKING VARIANCES RESOLVED by the CITY COUNCIL of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for four special permits and two parking variances for a new restaurant at 1492 Bayshore Hiohwav Street, San Francisco, CA 94109 ); and WHEREAS, the Planning Commission held a public hearing on said application on December 14 , 1992 , at which time said application was denied; WHEREAS, this matter was appealed to City Council and a hearing thereon held on February 1 , 1993 , 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 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 a Categorical Exemption, Sec. 15302 Class 2 (b) Replacement or reconstruction of existing structures and facilities, is hereby approved. 2. Said special permits and variances are approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such variances and special permits 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. MAYOR I, JUDITH A. MALFATTI, 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 1st day of February , 1993 , and adopted thereafter by the following vote: AYES: COUNCILMEN: HARRISON, KNIGHT, LEMBI, O'MAHONY, PAGLIARO NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE CITY CLERK EXHIBIT "A" Conditions of approval, special permits and parking variances, 1492 Bayshore Highway (effective February 2, 1993) 1. that the new structure as built shall conform to the plans submitted to the Planning Department and date stamped November 30, 1992, Sheets Al, A2, A3, A4, L1 and Site Survey dated June 25, 1992, except that there shall be at least 113 parking spaces striped on site, 18 self park including handicapped accessible spaces and 95 valet parking spaces; 2. that before a building permit is issued the project shall receive a permit/permit amendment from the Bay Conservation and Development Commission and that all conditions of the BCDC permit shall be met; 3. that the highest point of the roof of the new structure shall be no higher than 30'-0" in height from the average top of curb (elevation 8.841) and the framing shall be surveyed to confirm the as built elevation and the survey accepted by the City Engineer prior to the final framing inspection and before the roofing material or exterior covering is attached; 4. that the conditions of the City Engineer's November 16, 1992 memo and the Fire Marshal's November 16, 1992 memo shall be met, and that any intensification of the use of the building such as adding a nightclub within the facility shall be reviewed by the Planning Commission to determine the impacts on parking; 5. that the parking layout shall be as shown on the plans date stamped November 30, 1992 as modified by City Council action with five handicap accessible spaces, 13 self park spaces designed to standard parking stall dimensions and 95 valet parking spaces none smaller than 8' x 161, that the asphalt shall be so marked and markings visibly maintained by the property owner at all times and that stalls set aside for self parking shall be clearly posted in such a way that customers are aware that they are there and available for use, that there shall be no fee charged for valet parking and valet parking service shall be provided on site daily from opening to closing hours of the restaurant and at the off- site location between 6:00 P.M. and 2:00 A.M.; 6. that 30 off-site parking spaces shall be provided at 1499 Bayshore Highway for five years (from the date of the opening of the reconstructed restaurant), that this off-site parking shall be available for restaurant employees, customer valet parking and customer self parked cars between 6:00 P.M. and 2:00 A.M. daily, and that the lease for these spaces shall be renewed after five years or 1492 Bayshore Highway shall be returned to the City Council for review and appropriate action; 7. that no cars, patrons or employees shall be parked in the service area on the south side of the building and it shall be the responsibility of the restaurant operator to police and enforce the parking limitations; 8. that the entrance driveway and parking layout on the project site shall not infringe upon any adjacent properties; 9. that the property owner shall be responsible for installing and maintaining the public access areas and shall see that trash receptacles are installed, maintained and emptied on a regular basis to ensure the public's health and safety and to maintain the appearance of the area in accordance with the requirements of the BCDC permit; and if after a seven day notice by registered mail the area has not been maintained, the property owner shall be subject to a $100 per day fine until the area is maintained to a standard acceptable to the city Director of Parks; 10. that during construction the following practices shall be followed: construction activities involving soil excavation of the seawall and riprap toe shall occur during the approximately 14 days a month of low water or neap tides, all loose soil shall be removed from this part of the project site or compacted and protected during this period; a temporary silt fence shall be constructed at about the 4.5' NGVD elevation to serve as a barrier for construction equipment, to prevent disturbance to lower shoreline communities and to filter out runoff; 11. that the trash enclosure shall be modified as necessary to provide for trash recycling and it shall be the responsibility of the restaurant operator to ensure recycling occurs; 12. that the project as built shall meet all the requirements of the Uniform Building Code and Uniform Fire Code as amended by the City of Burlingame; 13. that a row of trees placed in protected wells shall be installed along the north side of the entry driveway between 1496 Bayshore Highway and this property and the striped parking layout modified to accommodate at least 18 self park parking spaces and at least 95 valet parking spaces; and 14. that this project shall be reviewed for compliance with these conditions of approval in 18 months time (July, 1994) and/or upon complaint.