HomeMy WebLinkAboutReso - CC - 126-2025RESOLUTION NO. 126-2025
1
RESOLUTION OF THE CITY COUNCIL OF CITY OF BURLINGAME DENYING THE APPEAL
OF THE PUBLIC WORKS DIRECTOR’S DECISION ON AN ENCROACHMENT PERMIT
APPLICATION AT 1151 ROSEDALE AVENUE UPHOLDING THE PUBLIC WORKS
DIRECTOR’S DECISION
THE CITY COUNCIL OF THE CITY OF BURLINGAME finds as follows:
WHEREAS, on July 11, 2025, the property owners (“Owners”) at 1151 Rosedale Avenue
(“Property) submitted a complete application for the following encroachments erected in the
public right of way:
1. Two stone fence pillars on the Rosedale Avenue frontage of the Property; and
2. A solid wooden fence, landscaping, and pavers along the Westmore Road frontage
of the Property.
WHEREAS, on July 29, 2025, pursuant to the authority granted to him by Burlingame
Municipal Code section 12.10.040, the Public Works Director granted in part and denied in part
the Owners’ encroachment permit application; and
WHEREAS, the Public Works Director granted, in part, the request for encroachments
along the Rosedale Avenue frontage, permitting the Owners to retain the encroachments
thereon for a period of five years; and
WHEREAS, the Public Works Director denied the encroachment permit application as
to all encroachments along the Westmore Road frontage of the Property; and
WHEREAS, on August 4, 2025, pursuant to Burlingame Municipal Code section
12.10.050, the Owners filed a timely appeal as to both aspects of the Public Works Director’s
determinations; and
WHEREAS, on November 3, 2025, the City Council conducted a duly noticed public
hearing to consider the Owners’ appeal of the Public Works Director’s decision; and
WHEREAS, as a result of the oral and written testimony presented at the November 3,
2025, public hearing, as well as the analysis in the staff report, Owners’ brief and exhibits, and
Respondent’s brief and exhibits, the City Council hereby denies the Owners’ appeal and
approves the Public Works Director’s decision, finding the following:
Encroachments on Rosedale Avenue Frontage
The City Council denies the Owner’s appeal of the Public Works Director’s decision
regarding the Rosedale Avenue frontage encroachments, upholding the Public Works
Director’s decision, with the direction to City staff to negotiate strong indemnity language
in favor of the City of Burlingame.
Docusign Envelope ID: A2547D46-C674-4381-9D7A-A04068790FCC
RESOLUTION NO. 126-2025
2
Encroachments on Westmore Road Frontage
The City Council denies the Owner’s appeal of the Public Works Director’s decision
regarding the Westmore Road encroachments, upholding the Public Works Director’s
decision.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Burlingame that the
Owners’ appeal of the Public Works Director’s decision regarding the encroachment permit
application at 1151 Rosedale Avenue is denied, and the Public Works Director’s decision is upheld,
and City Staff shall negotiate with the Owners to impose strong indemnity language applicable to
the encroachment permit issued for the encroachments on the Rosedale Avenue Frontage
insulating the City from liability arising from such encroachments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution shall become effective
immediately upon its passage and adoption.
Peter Stevenson, Mayor
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing
resolution was adopted at a regular meeting of the City Council held on the 3rd day of November,
2025, by the following vote:
AYES: COUNCILMEMBERS: Brownrigg, Colson, Pappajohn, Stevenson, Thayer
NOES: None
ABSENT: None
Meaghan Hassel-Shearer, City Clerk
Docusign Envelope ID: A2547D46-C674-4381-9D7A-A04068790FCC
RESOLUTION NO. 126-2025
3
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Burlingame that the
Owners’ appeal of the Public Works Director’s decision regarding the encroachment permit
application at 1151 Rosedale Avenue is denied, and the Public Works Director’s decision is
approved and shall be enforced in accordance with the findings set forth above.
NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution shall become effective
immediately upon its passage and adoption.
Peter Stevenson, Mayor
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing
resolution was adopted at a regular meeting of the City Council held on the 3rd day of November,
2025 by the following vote:
AYES: COUNCILMEMBERS: Brownrigg, Colson, Pappajohn, Stevenson, Thayer
NOES: None
ABSENT: None
Meaghan Hassel-Shearer, City Clerk
Docusign Envelope ID: A2547D46-C674-4381-9D7A-A04068790FCC