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Home My WebLink AboutAgenda Packet - CC - 2015.05.18Monday, May 18, 2015 City of Burlingame Meeting Agenda - Final City Council 7:00 PM CLOSED SESSION - 5:45 p.m. - Conference Room A a. Approval of the Closed Session Agenda BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Council Chambers b. Closed Session Community Forum: Members of the Public May Address the Council on any Item on the Closed Session Agenda at this Time. C. Adjournment into Closed Session d. Conference with Labor Negotiator Pursuant to Goverment Code 54957.6(a) City Negotiators: Leslie Loomis, Lisa Goldman Carol Augustine Glenn Berkheimer (IEDA) Employee Organization: AFSCME Locals 829, 2190 STUDY SESSION - 6:15 p.m. - Conference Room A a. Discussion of Citv's Public Information and Community Outreach Activities Note: Public comment is permitted on all action items as noted on the agenda below and in the non -agenda public comment provided for in item 7. Speakers are asked to fill out a "request to speak" card located on the table by the door and hand it to staff, although the provision of a name, address or other identifying information is optional. Speakers are limited to three minutes each; the Mayor may adjust the time limit in light of the number of anticipated speakers. All votes are unanimous unless separately noted for the record. 1. CALL TO ORDER - 7:00 p.m. - Council Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. REPORT OUT FROM CLOSED SESSION 5. UPCOMING EVENTS 6. PRESENTATIONS City of Burlingame Page 1 Printed on 511412015 City Council Meeting Agenda - Final May 18, 2015 a. Adopt -A -Unit Flag Presentation b. Presentation by Pacific Gas & Electric 7. PUBLIC COMMENTS, NON -AGENDA Members of the public may speak about any item not on the agenda. Members of the public wishing to suggest an item for a future Council agenda may do so during this public comment period. The Ralph M. Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter that is not on the agenda. 8. APPROVAL OF CONSENT CALENDAR Consent calendar items are usually approved in a single motion, unless pulled for separate discussion. Any member of the public wishing to comment on an item listed here may do so by submitting a speaker slip for that item in advance of the Council's consideration of the consent calendar. a. Approve City Council Meeting Minutes of May 4 2015 Attachments: 5-4-15 Unapproved Minutes b. Adoption of a Resolution Approving a Professional Services Agreement with Kimlev-Horn & Associates. Inc.. for the California Drive Roundabout Project City Prosect No 83920' and Authorizing the City Manager to Execute the Agreement Attachments: Staff Report Resolution Professional Services Agreement Project Location Mao c. Adoption of a Resolution Memorializing the City Council's Action with Respect to Mark Robertson's Appeal of the Planning Commission's March 23 2015 Denial with Prejudice of Applications for Design Review and a Special Permit for Construction of a New Single-Familv Residence at 1516 Howard Avenue Attachments: Staff Report Resolution d. Adoption of a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Panorama Environmental Inc to Perform Environmental Review Services Related to the Proposed Multi -Family Residential Development Proiect at 1128-1132 Douglas Avenue and 524 Oak Grove Avenue Attachments: Staff Report Resolution Professional Services Agreement Scope of Work 9. PUBLIC HEARINGS (Public Comment) City of Burlingame Page 2 Printed on 511412015 City Council Meeting Agenda - Final May 18, 2015 a. City Council Consideration of an Appeal of the Planning Commission's Denial Without Prejudice of Applications for Design Review and Special Permits for Declining Height Envelope, an Attached Garage and a Basement for a New Two -Story Single Family Dwelling, on Property at 1906 Easton Drive Located Within a Single -Family Residential (R-1) Zone Attachments: Staff Report Appeal Letter April 13 2015 Planninq Commission Minutes April 13 2015 Planning Commission Staff Report Proiect Plans Letter from Applicant b. Public Hearing and Adoption of Broadway Area Business Improvement District (BID) Assessments for Fiscal Year 2015-16 and Introduction of an Ordinance to Reestablish the District Attachments: Staff Report Resolution Ordinance Broadway BID FY2015-16 Roll C. Public Hearing to Renew the Levy and Collection of Assessments for the Downtown Burlingame Avenue Streetscape Improvements Project for Fiscal Year 2015-16 Attachments: Staff Report Resolution Staff Report Dated May 4 2015 for the Downtown Burlingame Avenue Streetsci d. Public Hearing to Introduce an Ordinance Amending Title 18 of the Burlingame Municipal Code to Update Chapter 18.22 "Flood Damage Prevention" Attachments: Staff Report Ordinance Copy of Municipal Code section showing changes 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) City of Burlingame Page 3 Printed on 511412015 City Council Meeting Agenda - Final May 18, 2015 a. Update on the State Water Resources Control Board (SWRCB) Mandatory Water Conservation Regulations and Adoption of a Resolution Implementing Water Use Restrictions in Compliance with State Regulations Attachments: Staff Report Resolution SWRCB Adopted Text of Emergency Regulations SWRCB Regulatory Framework dated April 23 2015 Staff Report and Attachments dated April 20 2015 b. Policy Discussion Regarding the Regulation of Secondhand Smoke in Multi unit Housing Attachments: Staff Report 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council Members report on committees and activities and make announcements. 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS 14. ADJOURNMENT Notice: Any attendees wishing accommodations for disabilities please contact the City Clerk at (650)558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for public review at the City Clerk's office, City Hall, 501 Primrose Road, from 8:00 a.m. to 5:00 p.m. before the meeting and at the meeting. Visit the City's website at www.burlingame.org. Agendas and minutes are available at this site. NEXT CITY COUNCIL MEETING - Next Regular City Council Meeting - Monday, June 1, 2015 VIEW REGULAR COUNCIL MEETING ONLINE AT WWW.BURLINGAME.ORG - GO TO "CITY COUNCIL VIDEOS" Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Water Office counter at City Hall at 501 Primrose Road during normal business hours. City of Burlingame Page 4 Printed on 51IW2915 0 Jo, Legend Gas Transmission a max, v ry. '44Q J OJ Burlingame gat ,o� 0 o^ i31 t� Hillsborough s 109 1 in=0.4 miles JJ PG&E Planned ' • 2015 City of Burlingame �I-095A S-094 V-012 Planned Projects G Digs-2015 Station-2015 01 © Valve -2015 ® Valve Automation-2015 1-015D Replace-2015 ILI Inspect-2015 -061 :ILI Upgrade-2015 Gas Transmission 1'a t RT-082. `n..« -061 D-028K 101 -- 301 0 ti,.V-168 o /30653 V103/ 23249 tog 132. I-XXX-132(N) S -XXX-132(N) 1^9 1 in=0.4 miles 1 027 The Status of PG&E'z Planned—j— ;. Az Of:4/03/2015 Projects are subject to scope and schedule changes. - Agenda Item 8a Meeting Date: 5/18/15 �� ciTr c BURLINGAME e BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of May 4, 2015 1. CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. Mayor Nagel called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Chief Elections Officer Mark Church. 3. ROLL CALL MEMBERS PRESENT: Brownrigg, Keighran, Nagel, Ortiz, Root MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION There was no closed session. 5. Mayor Nagel reviewed the upcoming events taking place in the City. 6. PRESENTATIONS a. PRESENTATION OF A CERTIFICATE OF COMMENDATION TO THE BURLINGAME COMMUNITY FOR EDUCATION FOUNDATION Mayor Nagel presented a Certificate of Commendation to Emily Beach of the Burlingame Community for Education Foundation in recognition of their commitment to sustaining and enhancing public education for all students in the Burlingame School District. b. PRESENTATION BY COUNTY ELECTION OFFICE ON AB 2028 THE ALL MAIL BALLOT FOR THE NOVEMBER 3, 2015 ELECTION Chief Elections Officer Mark Church gave a presentation on Assembly Bill 2028 authorizing San Mateo County to conduct an all -mailed ballot for the November 3, 2015 election. Mr. Church said San Mateo County was selected to participate in this pilot program because it is a diverse, urban County with a high percentage of vote -by -mail voters. Burlingame City Council May 4, 2015 Unapproved Minutes Mr. Church introduced Elections Division Supervisor Meaghan Hassel Shearer who reviewed ballot drop-off locations, voting centers, and Election Day voting. Ms. Hassel Shearer said the County Election Office will be doing extensive public outreach and education and will target voters who don't usually vote by mail. The City Council had questions for both Mr. Church and Ms. Hassel Shearer and thanked them for coming to the meeting and giving the presentation. C. PRESENTATION OF THE BUSINESS RESOURCE GUIDE Economic Development Specialist Cleese Relihan spoke about the new Business Resource Guide that he developed to assist businesses starting up in Burlingame. The City Council thanked Mr. Relihan for such a thorough, informative guide and said it is the first time the City has ever had such a valuable resource to provide to new businesses and residents. 7. PUBLIC COMMENTS Burlingame residents Cynthia Cornell, Cynthia Wukotich, and Thomas Hornblower spoke about the high cost of rental housing in Burlingame. Sheryl Brady requested that her item 9b be heard before item 9a since she had a family emergency and had to leave to catch a plane. Burlingame resident Pat Giomi expressed displeasure that she is unable to get copies of architectural plans and blueprints for on-going projects from the Planning Department and is only able to look at them in their office. Ms. Giorni also suggested establishing a Senior Commission to review housing alternatives for seniors living in Burlingame. 8. CONSENT CALENDAR Mayor Nagel asked the Councilmembers and the public if they wished to remove any items from the Consent Calendar and Councilmember Ortiz removed item 8h and Mayor Nagel removed item 8k. Vice Mayor Keighran made a motion to adopt items 8a, 8b, 8c, 8d, 8e, 8f, 8g, 8i, and 8j of the Consent Calendar; seconded by Councilmember Brownrigg. The motion was approved unanimously by voice vote, 5-0. a. APPROVE THE CITY COUNCIL MEETING MINUTES OF APRIL 20.2015 CC Kearney requested Council approve the City Council meeting minutes of April 20, 2015. b. ADOPTION OF A RESOLUTION DIRECTING THE COUNTY CHIEF ELECTIONS OFFICER TO CONDUCT AN ALL MAIL BALLOT FOR THE NOVEMBER 3 2015 CC Kearney requested Council adopt Resolution No.39-2015. Burlingame City Council May 4, 2015 Unapproved Minutes C. THE CDD Meeker requested Council schedule a public hearing on May 18, 2015 to hear an appeal for a new single-family dwelling at 1906 Easton Drive. d. ADOPTION OF A RESOLUTION AUTHORIZING A CONTRACT WITH GROUP 4 ARCHITECTURE & PLANNING, INC. FOR CONCEPTUAL DESIGN SERVICES FOR THE BURLINGAME COMMUNITY CENTER AND WASHINGTON PARK P&RD Glomstad requested Council adopt Resolution No. 40-2015. Councilmember Brownrigg commented that as we move forward with this program it is necessary to keep in mind that if this project is principally just a seismically safe, very expensive, better version of what is already there, it will be difficult to win approval of the voters. Councilmember Brownrigg requested that the staff and consultant look for ways to set this project apart from what is already there. e. ADOPTION OF A RESOLUTION ACCEPTING THE DEDICATION OF A SIDEWALK EASEMENT AT 1818 TROUSDALE DRIVE DPW Murtuza requested Council adopt Resolution No. 41-2015. f. ADOPTION OF RESOLUTIONS INITIATING PROCEEDINGS FOR RENEWING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENT PROJECT FOR FISCAL YEAR 2015-16 DPW Murtuza requested Council adopt Resolution No. 42-2015, Resolution No 43-2015, and Resolution No. 44-2015 related to the Downtown Burlingame Avenue Streetscape Project. g. UPDATE TO THE CITY'S RESPONSE TO THE GRAND JURY REPORT REGARDING THE SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY (SBWMA) BOARD FinDir Augustine requested Council approve the updated City's response to the 2012-2013 San Mateo Grand Jury report, South Bayside Waste Management Authority Board. h. QUARTERLY INVESTMENT REPORT, PERIOD ENDING MARCH 31, 2015 FinDir Augustine requested that the Council review and accept the quarterly investment report for the period ending March 31, 2015. Councilmember Ortiz commented that there is still money in the County pool and the City is making quite a bit more on our managed money. Councilmember Ortiz said he knew there were restrictions and asked if the City was still moving money over. FinDir Augustine said the City is restricted to only moving 20% of the declining balance in a one month period until it is down to $250,000. Ms. Augustine said that it will take about two years before all the money is moved. Burlingame City Council May 4, 2015 Unapproved Minutes Councilmember Ortiz made a motion to adopt item 8h; seconded by Councilmember Root. The motion was approved unanimously by voice vote, 5-0. i. ADOPTION OF A RESOLUTION AUTHORIZING AMENDMENT OF THE CITY ATTORNEY'S EMPLOYMENT AGREEMENT TO PROVIDE A SALARY AND BENEFIT INCREASE HRD Loomis requested Council adopt Resolution No. 45-2015. j. APPROVAL OF CITY MANAGER'S OUT-OF-STATE TRAVEL CM Goldman requested Council approve her out-of-state travel to Seattle, Washington to attend the ICMA Annual Meeting September 27-30, 2015. k. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE PENINSULA CONFLICT RESOLUTION CENTER FOR Mayor Nagel said the City has been contracting with them for many years now and hopes more people learn about it and take advantage of the services they offer. Mayor Nagel said Burlingame is one of 13 cities in the area that retains their services. Councilmember Brownrigg made a motion to adopt Resolution No. 46-2015; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. 9. PUBLIC HEARINGS a. CITY COUNCIL CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF AN APPLICATION FOR NEGATIVE DECLARATION, DESIGN REVIEW AND SPECIAL PERMIT FOR DECLINING HEIGHT ENVELOPE FOR A NEW, TWO-STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE, ON PROPERTY AT 1516 HOWARD AVENUE, LOCATED WITHIN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE CDD Meeker reviewed the staff report and advised that the applicant proposes to demolish an existing two- story single family dwelling and attached one -car garage to build a new, two-story single family dwelling and two -car garage. Mr. Meeker said that at their March 23, 2015 meeting the Planning Commission denied the application and their concerns focused on the design of the front porch, noting that the front porch is not harmonious with the rest of the house and additional work is needed to resolve the issue. Mayor Nagel opened the public hearing and David Finkelstein, attorney for applicant Peggy Statz spoke and said the proposed house at 1516 Howard would be very similar to the applicant's home at 133 Costa Rica Avenue in Burlingame. Project Designer Mark Robertson spoke and said the applicant was opposed to a front porch since the house is so close to El Camino Real and it is bad feng shui. Mayor Nagel asked if anyone in the audience wished to speak and Steve Schmidt, neighbor of 1516 Howard Avenue spoke, the son of the applicant spoke, and Burlingame resident Pat Giorni spoke. Vice Mayor Keighran clarified with CDD Meeker that the project did not go to design review and Mr. Meeker agreed. 4 Burlingame City Council May 4, 2015 Unapproved Minutes City Council discussion and questions followed and Councilmember Brownrigg made a motion to overturn the Planning Commission's decision of denying the application with prejudice to denying the application without prejudice, and return it to the Planning Commission with a strong sense that the applicant and the Commission can work it out with one more go; seconded by Councilmember Root. Mayor Nagel asked CA Kane if it was permissible to send it back to the Planning Commission without prejudice, and CA Kane said yes. Mayor Nagel expressed concern that this could cause a financial burden to the applicant. Vice Mayor Keighran said she would prefer that the project be sent to design review. After reviewing at the Planning Commission meetings, the design reviewer could provide clear direction and work with the applicant. Council asked CDD Meeker for his input on Vice Mayor Keighran's recommendation and Mr. Meeker said he liked the idea of sending the project to design review, and it would be an appropriate step to take. Mr. Meeker said if the applicant chooses to submit revised plans for the project, staff would be directed to refer the revised project plans to a design reviewer in advance of it going back to the Planning Commission. Councilmember Brownrigg amended his motion and converted it to denial without prejudice and if they want to resubmit the project, the requirement is that they go to design review. The seconder of the motion agreed. Mayor Nagel spoke and asked for clarification on the direction to the applicant and Council advised that they were not requiring a porch be added to the front of the house, but rather the front of the house be articulated much better so it does not look like the back entrance to a home. Council said they have given suggestions and now it is time for the applicant, the architect and the design reviewer to figure it out. Mayor Nagel called for a vote on the motion and the motion was approved 4-1 with Mayor Nagel voting no. b. REQUEST FOR A FINDING OF PUBLIC CONVENIENCE AND NECESSITY (PCN) PURSUANT TO SECTION 23958.4 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE, RELATED TO A REQUEST FOR A TYPE -20 (OFF -SALE, BEER AND WINE SALES) ALCOHOLIC BEVERAGE SALES PERMIT ISSUED THROUGH THE CALIFORNIA OFF-SITE CONSUMPTION FROM THE HYATT REGENCY HOTEL GIFT SHOP AT 1333 OLD BAYSHORE HIGHWAY Atthe request of the applicant, this item was the first public hearing. CDD Meeker reviewed the staff report and advised that there are already three off -sale locations in the hotel that sell alcohol. Mayor Nagel opened the public hearing and the applicant Sheryl Brady of Travel Traders/Permit Places spoke and requested that the Council approve her request since it would be a convenience to the hotel guests. The Councilmembers questioned the necessity portion of the alcoholic beverage sales permit and the applicant was not able to provide a strong case for that. Police Chief Wollman spoke and said he does not support the request and does not see any value to selling alcohol in the gift shop. Chief Wollman said he and Captain Matteuci spoke to the hotel manager and found that there are sufficient places in the hotel to purchase alcohol. Chief Wollman also said that selling alcohol in hotel gift shops is not something that is common in Burlingame. Burlingame City Council May 4, 2015 Unapproved Minutes Mayor Nagel asked if anyone in the audience wished to comment and Burlingame resident Pat Giomi spoke. Councilmember Brownrigg made a motion to support the Police Chief's decision and not grant the request; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. c. PUBLIC HEARING AND ADOPTION OF A RESOLUTION APPROVING THE CITY OF BURLINGAME MASTER FEE SCHEDULE EFFECTIVE JULY 3.2015 FinDir Augustine reviewed the staff report and advised that fee adjustments are not automatic and they require an annual review and approval by the City Council. Mayor Nagel opened the item for public comment and no one spoke. Vice Mayor Keighran made a motion to adopt a Resolution No. 47-2015 approving the master fee schedule effective July 3, 2015; seconded by Councilmember Ortiz. The motion was approved unanimously by voice vote, 5-0. At the request of the City Attorney, the following item was heard priorto the Master Fee Public Hearing. 10. STAFF REPORTS AND COMMUNICATIONS a. ADOPTION OF A RESOLUTION AUTHORIZING REIMBURSEMENT AND INDEMNITY AGREEMENTS FOR COMPLEX DEVELOPMENT PROJECTS AND PROVIDING FOR REIMBURSEMENT FOR ATTORNEY WORK CA Kane spoke and said the reason for moving this item out of order is that if it is approved, it would create a fee in the master fee schedule, and if it is not approved, it would need to be removed from the master fee schedule. CA Kane reviewed the staff report and advised that there are certain projects that require an inordinate amount of staff time. She said approval of the proposed Resolution would provide explicit authority for staff to enter into reimbursement agreements with developers of complex projects, which are defined as residential projects of 16 or more units or non-residential projects greater than 10,000 square feet. Ms. Kane further advised that projects would not be required to reimburse the City for staff time that is adequately compensated by existing flat fee rates. Council discussion followed and Council asked how neighboring cities handle this, and CA Kane said they use this policy. Council clarified that this pertains to 16 units or more and non-residential projects greater than 10,000 square feet. Mayor Nagel opened the item for public comment and no one spoke. Mayor Nagel made a motion to adopt Resolution No. 48-2015 authorizing reimbursement and indemnity agreements for complex development projects and providing for reimbursement for attorney work; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. 6 Burlingame City Council May 4, 2015 Unapproved Minutes 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reported on various events and committee meetings they each attended on behalf of the City. 12. FUTURE AGENDA ITEMS There were no requests from the Councilmembers for future agenda items. 13. ACKNOWLEDGMENTS a. Commission Minutes: Traffic, Safety & Parking, February 12, 2015 and March 12, 2015 14. ADJOURNMENT Mayor Nagel adjourned the meeting at 10:01 p.m. in memory of Burlingame business owner Bruce Balshone. Respectfully submitted, Mary Ellen Kearney City Clerk Burlingame City Council May 4, 2015 Unapproved Minutes 9 HURL�ryGgf.1E STAFF REPORT AGENDA NO: 8b MEETING DATE: May 18, 2015 To: Honorable Mayor and City Council Date: May 18, 2015 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of a Resolution Approving a Professional Services Agreement with Kimley-Horn & Associates, Inc., for the California Drive Roundabout Project, City Project No. 83920; and, Authorizing the City Manager to Execute the Aareement Staff recommends that the City Council adopt the attached resolution approving a professional services agreement with Kimley-Horn & Associates, Inc., in the amount of $292,906 for engineering design services for the California Drive Roundabout Project, City Project No. 83920; and authorizing the City Manager to execute the agreement. BACKGROUND The intersections of California Drive and Bellevue Avenue/Lorton Avenue are located on the northeastern edge of the Burlingame Avenue downtown commercial district. The intersections border popular restaurants, high-end multi-level residential units, a Caltrain parking lot, City Parking Lot O, and SamTrans bus stops. The intersection configuration is such that California Drive, Bellevue Avenue and Lorton Avenue converge as an extended 5 -legged intersection with a highlighted crosswalk crossing California Drive from City Parking Lot O and the Caltrain parking lot. The extended convergence of the three streets, along with the highlighted crosswalk, requires multiple turning movements to negotiate the intersections. The current configuration also regularly places pedestrians and vehicles in significant potential conflict with each other. Both pedestrian and vehicular right-of- way is confusing, often placing pedestrians in precarious situations. The long crosswalk across California Drive also contributes to pedestrians having a high level of anxiety when crossing. In the early 2000s, staff performed a preliminary feasibility analysis of the complicated intersection, and identified a traffic roundabout configuration to address the problem. The roundabout design solution for these intersections was also independently identified in the Burlingame Downtown Specific Plan as part of overall improvements in and around the downtown area. In December 2013, the City submitted a grant application under the San Mateo County Transportation Authority Measure A Funds (Pedestrian and Bicycle Program) for undertaking 1 Professional Services Agreement for the California Drive Roundabout Project May 18, 2015 engineering design and construction of a traffic roundabout at California Drive and Bellevue/Lorton Avenues intersections. In April 2014, the San Mateo County Transportation Authority's Board of Directors awarded the City $1,000,000 for the project. The project consists of the construction of a traffic roundabout on California Drive at Bellevue Avenue and Lorton Avenue intersections. The project goal is to improve traffic safety for pedestrians and motorists by implementing traffic calming measures through the roundabout, which would facilitate safe access and improve traffic flow for pedestrians, bicyclists and motor vehicles. The project will address existing pedestrian and bicycling safety concerns created by complicated intersection traffic movements and the lack of a clear right-of-way determination among pedestrians, bicycles, and vehicles. Due to the project proximity to the Burlingame Avenue downtown businesses, Auto Row, and the Burlingame Caltrain Station, the scope of services includes detailed traffic studies and simulations to identify an optimum project solution. The scope of work also includes extensive public outreach efforts to seek public input as part of the project design. A detailed description of the scope of services is outlined in Exhibit A of the attached Professional Services Agreement. Staff issued a 'Request for Proposals' for professional engineering services, and received five proposals from qualified firms. After careful evaluation and interviews, staff selected Kimley-Horn & Associates, Inc. based on their high understanding of the overall project, project needs, a well- defined scope of work, and quality of their proposal. Staff has negotiated the scope of engineering services with Kimley-Horn in the amount of $292,906. The following are the key elements of the scope of services: • Project Management — Develop and maintain critical path project schedule, attend meetings with the City staff to review design and changes at 60%, 95% and 100% plans, provide QA/QC monitoring process for contract deliverables. • Data Gathering — Conduct pre -design investigations, field analyses including surveying, utility location, and preparation of base map. • Traffic Engineering and Simulation — Perform vehicle and pedestrian volume counts, accident/collision history analysis, traffic simulations of existing and proposed conditions, using Synchro and SIDRA software or equivalent to determine Level of Service (LOS) changes and evaluate/identify optimum roundabout configurations to address the problems. • Public Outreach — Conduct three public outreach meetings to gather input and further project support; create and mail up to 1,000 postcard notifications; and provide up to three 3D sketch illustrations or graphic plans. • Conceptual Design — Create 15% conceptual plans of multiple roundabout concepts for public outreach meetings. Plans should include proposed horizontal layout and striping, and identify areas for stormwater best management practices and landscaping. 2 Professional Services Agreement for the California Drive Roundabout Project May 18, 2015 • Final Design — Prepare 60%, 95%, and 100% design plans, construction details, specifications, and engineer's estimates. Upon selection of the final design, construction documents will be developed, and the project construction will be advertised for bids. FISCAL IMPACT The estimated preliminary cost of the project is $1,200,000, which includes engineering design and construction. The final costs will be determined upon completion of the final engineering design. The project is funded by a combination of Measure A funds in the amount of $1,000,000, and City matching funds in the amount of $200,000. Exhibits: • Resolution • Professional Services Agreement • Project Location Map RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN & ASSOCIATES, INC., FOR THE CALIFORNIA DRIVE ROUNDABOUT PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT CITY PROJECT NO. 83920 RESOLVED, by the CITY COUNCIL of City of Burlingame, California and this Council does hereby FIND, ORDER and DETERMINE AS FOLLOWS: 1. The public interest and convenience require execution of the agreement cited in the title above. 2. The City Manager be, and is hereby, authorized to sign said agreement for and on behalf of the City of Burlingame. 3. The City Clerk is hereby ordered and instructed to attest such signature. Mayor I, MARY ELLEN KEARNEY, 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 18`" day of May, 2015 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH KIMLEY-HORN & ASSOCIATES, INC. FOR CALIFORNIA DRIVE ROUNDABOUT PROJECT CITY PROJECT NO. 83920 THISAGREEMENT is entered intothis day of 2015, by and between the City of Burlingame, State of California, herein called the "City", and KIMLEY—HORN & ASSOCIATES, INC. engaged in providing PROFESSIONAL ENGINEERING DESIGN services herein called the "Consultant". RECITALS A. The City is considering conducting undertaking activities for the consultant engineering design services for California Drive Roundabout Project. B. The City desires to engage a professional engineering consultant to provide engineering design services because of Consultant's experience and qualifications to perform the desired work, described in Exhibit A. C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. The Consultant shall provide professional engineering services such as design, public outreach, project management, and technical support for the project, and as detailed in "Scope of Services" of the attached Exhibit A of this agreement. 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement with completion of all work as set forth in Exhibit A. 3. Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City Page 1 of 8 that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. Consultant shall maintain a City of Burlingame business license. 4. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 5. Information/Report Handling. All documents furnished to Consultant by the City and all reports and supportive data prepared by the Consultant under this Agreement are the City's property and shall be delivered to the City upon the completion of Consultant's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Consultant shall not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before such release. The City acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and City's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at City's risk, unless Consultant expressly consents to such use in writing. City further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant. 6. Compensation. Compensation for Consultant's professional services shall not exceed $292,906.00; and payment shall be based upon City approval of each task. Billing shall include current period and cumulative expenditures to date and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for City review, even if only in partial or draft form. 7. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the City at the Consultant's offices during business hours upon written request of the City. Page 2 of 8 8. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be John Pulliam, Proiect Manager. 9. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the City. 10. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City: Syed Murtuza — Director of Public Works City of Burlingame 501 Primrose Road Burlingame, CA 94010 To Consultant: John Pulliam, P.E. — Project Manager Kimley-Horn & Associates, Inc. 6150 Stoneridge Mall Road, Suite 200 Pleasanton, CA 94588 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to City. 11. Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to City employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. Page 3 of 8 12. Conflict of Interest. Consultant understands that its professional responsibilities are solely to the City. The Consultant has and shall not obtain any holding or interest within the City of Burlingame. Consultant has no business holdings or agreements with any individual member of the Staff or management of the City or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the City in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at the City's sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify City of this employment relationship, and shall, at the City's sole discretion, sever any such employment relationship. 13. Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. 14. Insurance. A. Minimum Scope of Insurance: i. Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: One million dollars ($1,000,000) combined single limit per occurrence and two million dollars ($2,000,000) aggregate for bodily injury, personal injury and property damage in a form at least as broad as ISO AOccurrence@ Form CG 0001. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her Page 4 of 8 and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than two million dollars ($2,000,000) each claim/aggregate sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement. iv. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. B. General and Automobile Liability Policies: i. The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. The endorsement providing this additional insured coverage shall be equal to or broader than ISO Form CG 20 10 11 85 and must cover joint negligence, completed operations, and the acts of subcontractors. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. The Consultant's insurance coverage shall be endorsed to be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insurances maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Page 5 of 8 iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. D. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice by mail, has been given to the City (10 days for non-payment of premium). Current certification of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. E. Acceptability of Insurers: Insurance is to be placed with insurers with a Best's rating of no less than A -:VII and authorized to do business in the State of California. F. Verification of Coverage: Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before any work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15. Indemnification. To the fullest extent permitted by law, (including without limitation, California Civil Code sections 2782 and 2782.6), Consultant shall save, keep and hold harmless indemnify and defend the City, its officers, employees, authorized agents and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity, including but not limited to attorneys' fees, that may at Page 6 of 8 any time arise, result from, relate to, or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, or any of the Consultant's officers, employees, or agents or any sub -consultant. This provision shall not apply if the damage or injury is caused by the sole negligence, active negligence, or willful misconduct of the City, its officers, agents, employees, or volunteers. 16. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 17. Governing Law. This Agreement, regardless of where executed, shall be governed by and construed under the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of San Mateo. 18. Termination of Agreement. The City and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen (15) days written notice of termination. In the event of termination, the Consultant shall deliver to the City all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, City shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the City bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination. 19. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and the Consultant. 20. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, as well as costs not to exceed $7,500 in total. Page 7 of 8 21. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the City and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date indicated on page one (1). City of Burlingame Lisa K. Goldman City Manager Approved as to form: City Attorney - Kathleen Kane ATTEST: City Clerk - Mary Ellen Kearney "Consultant" yfi9��r Kimley-Horn & Associates, Inc. Print Name:1^�ria n Sou)ers Title: Vice -'1 r e s i a2✓k-F' Page 8 of 8 KHACA 18 Exhibit A Scope of Services The California Drive Roundabout Project involves the realignment of California Drive at Bellevue Avenue and Lorton Avenue into a roundabout circle at this three-way, extended intersection. It will improve the safety and accessibility of pedestrians, cyclists, and vehicles traveling through the intersection of California Drive, Bellevue Avenue, and Lorton Avenue. As part of the roundabout design, landscaping and storm water treatment facilities will be incorporated. The following is the Kimley-Horn team's proposed scope for delivering this project; our fee is based on this scope. Upon Notice to Proceed, the Kimley-Horn team will commence the work as outlined in this Scope of Services, with a date for final (100%) PS&E completion of September, 2016. Task 1: Project Management The Kimley-Horn Project Manager will supervise, coordinate, and monitor all aspects of the project. We will work with the City of Burlingame ("City") at the start of the project to establish and understand the standards and policies which will guide the project development. Kimley- Horn will coordinate with the City, Caltrain, Caltrans, and other project stakeholders to ensure timely delivery of products. We will hold an initial kick-off meeting with the City and other recommended stakeholders to determine the preferred approach to a number of design issues. This meeting would be summarized with a memo back to the City, and would serve as a basis of design for the concepts developed and presented at the first public meeting. Our Project Manager will develop and maintain a critical path method (CPM) project schedule, updating it as -needed to manage the project, and as requested by the City. We will maintain frequent communication with the City through phone calls, emails, conference calls, and in- person meetings. Kimley-Horn will attend up to five (5) in-person meetings with the City for project status and review of plan submittals. The Kimley- Horn Team will attend up to three (3) public outreach meetings (as discussed under Task 4: Public Outreach), and up to two (2) City Council meetings, with the remaining coordination assumed to be via phone or email. Kimley-Horn follows a structured QC/QA process that will be implemented throughout the life of the project. We have designated a senior roadway engineer to perform independent reviews ahead of major submittals (60% PS&E, 95% PS&E, and 100% PS&E) to ensure the quality of our deliverables. This task also includes time for the QA/QC manager to attend a field visit, either separate or as part of a project kick-off meeting. Task 2: Data Gathering The Kimley-Horn team will coordinate its effort for efficiently performing field reconnaissance and gathering the required data/information. This task will consist of data collection including assembling readily available information from the City. It includes performing field and topographic surveys for the development of base mapping, gathering of utility information, and traffic data collection. Kimley-Horn assumes that the City will provide available as -built information of the various improvements in the area, including past roadway/frontage and drainage improvements. We will work with the City to gather readily available developer plans adjacent to the project area. Exhibit A We will also collect any accident data that is available from the past three (3) years to perform and accident/ collision history analysis. We will collect vehicular (turning movement counts), pedestrian and bicycle counts at the California/Lorton, California/Bellevue, Bellevue/Lorton, and the California/North intersections. The counts will be collected on a typical weekday during the morning (7:00 AM to 9:00 AM) and afternoon (3:00 PM to 6:00 PM) peak periods. We will also collect 24-hour Average Daily Traffic (ADT) counts at one location on California Drive Avenue. Our team will send out utility coordination letters to area utilities to gather facility information. We will review record plans received from utilities and analyze utility data captured during topographic surveys and the 60% design to identify potential conflicts with the proposed improvements. Our intent will be to design around utility conflicts wherever feasible. For budgeting purposes, it is assumed up to six (6) potholes will be performed for this project. Additional potholes, as authorize by the City, will be treated as additional services. We will work with identified utility companies and with the City to determine the best strategy for dealing with utility conflicts, including adjustments, relocations, and protection in place. Our team will focus on determining potential conflicts early and working proactively with utilities to preferably design improvements that will avoid requiring relocations. Where relocation cannot be avoided, we will coordinate with affected utilities to determine relocation strategies. Our scope does not include utility design services. Our subconsultant, LCC, Inc., will perform a topographic survey of the intersection and the street segments of California Drive, Bellevue Avenue, and Lorton Avenue. Survey will be taken to a distance along the street segments to facilitate roundabout design. LCC will also identify locations of private property access points so the proposed design can provide sufficient access to adjacent businesses and buildings. LCC will also survey and locate those utilities that are potholed. Our scope does not include right-of-way resolution. Subconsultant WRECO will take roadway coring samples to a depth of up to 5 feet to determine the existing pavement depths and subsurface conditions. They will determine the R -value of the subsurface materials. WRECO and Kimley-Horn will develop a recommended pavement section. Task 3: Traffic Engineering and Simulation Kimley-Horn will create a traffic analysis model to evaluate operations with the proposed project improvements. The model will be calibrated using factors that affect traffic operations including pedestrian or bicyclist volumes, uneven lane distribution, and parking maneuvers. We anticipate that Synchro analysis software will be used for stop -controlled intersection configurations, while SIDRA INTERSECTION analysis software will be utilized to evaluate roundabout configurations. The traffic operations analysis will be performed for three scenarios: existing conditions, proposed project conditions, and proposed project under future conditions, using 2045 traffic projections. Existing traffic data collected in Task 2 will be utilized for both analysis scenarios. The quantitative analysis will focus on vehicular performance (delay, queueing and level of service). A qualitative analysis will also be performed to evaluate criteria such as nearby driveway access, effects on corridor flow, pedestrian and bicycle access and safety, and other safety factors such as sight distance, driver expectations and speed. We expect this to be an iterative process with the civil design where incremental adjustments to the project design will be evaluated until an optimal solution is developed. At the 95% design level, the traffic analysis model will be updated as necessary to reflect the current design. Exhibit A The traffic analysis will also include a summary of collision history based on City -furnished collision reports. We will provide a comparison of the accident rate of the corridor to national averages for similar roadway types. We will prepare a technical memorandum summarizing our findings from the traffic analysis. The memorandum will summarize relevant data and findings in tabulated format, with figures and photos provided, where applicable. Kimley-Horn will prepare a visual simulation using VISSIM micro -simulation software for use at the public outreach meetings for demonstrating the benefits and/or impacts of the preferred project concepts. This scope of work assumes that traffic simulations will be prepared for one refined project concept. Task 4: Public Outreach We understand that the City desires three (3) community meetings. Public outreach will be led by our subconsultant, Apex Strategies. Our team will work with City staff to determine the appropriate community meeting format, and we will prepare the agenda, press releases, and meeting notification postcard. We will create and edit meeting materials, including PowerPoint presentations. We will create and mail up to 1,000 post cards for each of the three community meetings. Our scope assumes the City will provide the mailing list in a format which can be easily manipulated. Our team will create up to three (3) 3D sketch illustrations or enlarged graphic plans for the proposed design. Our team will facilitate the three community meetings. This includes attendance by up to two (2) Kimley-Horn team members, and one person from Apex Strategies. We assume the City will provide and reserve meeting locations for the three meetings. Our team will provide meeting minutes to the City for each meeting. We have assumed a total of 90 hours for Apex Strategies, and 66 hours for Kimley-Horn for public outreach. Should the City desire public outreach efforts beyond the scope provided here, those would be treated as additional services. Task 5: Conceptual Design (155,o) Kimley-Horn and our team will create conceptual plans for multiple roundabout concepts. The concept plans will include proposed horizontal layout and striping, and will identify areas for stormwater best management practices (BMPs) and landscaping. These conceptual design will be used at the public outreach meetings and will also serve as the basis for the proposed improvements to be developed through Task 6: Final Design. We anticipate preparing up to three(3) alternatives for the first public meeting, then revising one or more of those alternatives for the second public meeting, which we propose to hold at or near the end of the 15% Design Phase. Comments received from the public meetings and City staff for the conceptual design will be addressed and incorporated into the 60% plans. Task 6: Final Design (60% 95%, 100% PS&E, and Final PS&E) The Kimley-Horn team will create 60%, 95%, and 100% plans, special provisions, and engineer's opinion of probable cost (PS&E) for the project. Exhibit A Our design will focus on improving the safety and circulation of the intersection with enhanced pedestrian and bicycle facilities, while incorporating green infrastructure elements consistent with San Mateo County stormwater management policies and guidelines. Our team will prepare and coordinate layout and construction plans, details and specifications for rain garden planters, plant materials, and irrigation, as well as hardscape elements such as pervious paving and/or furnishings as appropriate. We anticipate developing the following plan sheets (estimate of 25 total sheets): cover sheet, horizontal control, typical sections, layout plan, construction details, drainage plans and details, utility plans (as needed), signing and striping, lighting, landscaping/bio-swale/rain garden plans and details, irrigation, and stage construction plans. Kimley-Horn will perform a lighting analysis for the proposed intersection improvements based on the City's preferred light fixture and lighting requirements, and will design street lighting for the roundabout. We will develop special provisions utilizing the City's provided boiler plate and based on the Caltrans 2010 Standard Specifications. The 60%, 95%, and 100% deliverables will be provided to the City for their review and comment. We will provide up to four (4) full-size or half-size sets of plans, and one (1) complete set of the special provisions (bound hardcopy) and estimate. All PS&E documents will also be provided to the City in PDF format. We assume the City will provide one set of non -conflicting comments on the 60%, 95%, and 100% deliverables. Meetings to review the City's comments for the 60%, 95%, and 100% submittals are included in Task 1: Project Management. We will provide responses to all City comments prior to the next deliverable submittal. For the Final PS&E deliverable, we will provide (1) full-size set of plans with wet signatures and one (1) half-size (reproduced from full-size) set of wet -signed plans, up to three (3) additional copies of either full-size or half-size plans, and one (1) bound hardcopy of the special provisions. A high-resolution PDF copy of the wet -signed plans and special provisions suitable for duplication will be provided. 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V 7 H CLa moa 0 aM Z o ZZoa V ce O O f av W � H � Gv� a a LL a aSTAFF REPORT AGENDANo: 8c MEETING DATE: May 18, 2015 To: Honorable Mayor and City Council Date: May 18, 2015 From: William Meeker, Community Development Director — (650) 558-7255 Subject: Adoption of a Resolution Memorializing the City Council's Action with Respect to Mark Robertson's Appeal of the Planning Commission's March 23, 2015 Denial with Prejudice of Applications for Design Review and a Special Permit for Construction of a New Single -Family Residence at 1516 Howard Avenue RECOMMENDATION The City Council is asked to adopt the following resolution: • A Resolution of the City Council of the City of Burlingame, Denying the Appeal of Mark Robertson and Upholding Planning Commission's Denial of Applications for Design Review and a Special Permit, but Modifying that Denial to One without Prejudice, for Construction of a New Single -Family Dwelling at 1516 Howard Avenue, Zoned Single -Family Residential (R-1) BACKGROUND The City Council considered Mark Robertson's appeal of the Planning Commission's denial with prejudice of an application for Design Review and a Special Permit at 1516 Howard Avenue at its meeting of May 4, 2015. The attached resolution memorializes the Council's action at that meeting. FISCAL IMPACT None. Exhibit: Resolution 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, DENYING THE APPEAL OF MARK ROBERTSON AND UPHOLDING PLANNING COMMISSION'S DENIAL OF APPLICATIONS FOR DESIGN REVIEW AND A SPECIAL PERMIT, BUT MODIFYING THAT DENIAL TO ONE WITHOUT PREJUDICE, FOR CONSTRUCTION OF A NEW SINGLE-FAMILY DWELLING AT 1516 HOWARD AVENUE, ZONED SINGLE-FAMILY RESIDENTIAL (R-1) RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT: WHEREAS, an application for Design Review, Special Permit for declining height envelope was submitted by Mark Robertson on September 10, 2014 for property situated at 1516 Howard Avenue; WHEREAS, the application was considered by the Planning Commission at a duly noticed design review study hearing on November 24, 2014 at which time the Planning Commission provided specific direction to the applicant regarding the project design, particularly with respect to the lack of a well-defined, front porch entry; WHEREAS, the Planning Commission considered the applicant's proposed plan revisions prepared in response to its November 24, 2015 direction at a duly noticed public hearing on February 9, 2015, at which time the Commission denied the application without prejudice in large part due to the lack adequate design revisions made to address the Commission's desire to create a well-defined porch entry to the new residence; WHEREAS, the applicant subsequently submitted revised project plans for the new residence with three proposed options for a front porch entry, with a specific selection of a particular design that was preferred by the property owner. The revised project plans were considered at a duly noticed public hearing conducted by the Planning Commission on March 23, 2015, at which time the Commission denied the application with prejudice, finding that the applicant's redesign of the front porch was not harmonious with the rest of the house and that additional work is needed to resolve the issue; WHEREAS, the applicant filed a timely appeal of the Planning Commission's March 23, 2015 denial with prejudice on March 27, 2015; and WHEREAS, on May 4, 2015 the City Council conducted a duly noticed public hearing to consider the appeal of the Planning Commission's March 23, 2015 denial with prejudice of the application for Design Review and a Special Permit. NOW, THEREFORE, IT IS RESOLVED AND DETERMINED BY THE CITY COUNCIL THAT: RESOLUTION NO. Section 1. The City Council hereby denies the appeal and upholds the Planning Commission's denial of the application for Design Review and a Special Permit for 1516 Howard Avenue, finding that the design of the front elevation of the proposed residence, particularly the front porch, is inconsistent with the direction of the City's Neighborhood Design Guidelines that require the architectural design of the residence to be harmonious and to be compatible with the neighborhood character. The front elevation, particularly the porch as designed, is not harmonious with the rest of the home's design and the lack of a well-defined entry such as a porch, is not consistent with the neighborhood character. Section 2. Further, the City Council hereby modifies the Planning Commission's denial of the application for Design Review and a Special Permit to be a denial "without prejudice". If the applicant chooses to submit revised plans for a new residence on the property at 1516 Howard Avenue, staff is directed to refer the revised project plans to a design reviewer in advance of presenting the revised project to the Planning Commission for reconsideration. Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 18th day of May, 2015 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 2 City Clerk V STAFF REPORT Honorable Mayor and City Council May 18, 2015 AGENDA ITEM NO: 8d MEETING DATE: May 18, 2015 William Meeker, Community Development Director — (650) 558-7255 Subject Adoption of a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Panorama Environmental, Inc. to Perform Environmental Review Services Related to the Proposed Multi - Family Residential Development Project at 1128-1132 Douglas Avenue and 524 Oak Grove Avenue RECOMMENDATION The City Council is asked to adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with Panorama Environmental, Inc. for environmental review services in the amount of $158,328 related to the proposed Multi -family Residential Development Project at 1128-1132 Douglas Avenue and 524 Oak Grove Avenue. BACKGROUND The City of Burlingame has received an application for a proposed multi -family residential development with 29 apartment units located at 1128-1132 Douglas Avenue. The project proposes to develop the 15,492 square foot site into a multi -family residential development, which would include 29 apartment units in a five -story building, at -grade and below -grade parking, amenities and landscaping. Currently, the site is occupied by two single family dwellings, a four -unit apartment building, and a detached one -car garage. The proposal also includes relocating the front portion of the existing house at 1128 Douglas Avenue to 524 Oak Grove Avenue and a first and second story addition and a new detached garage following relocation to that address. Environmental analysis pursuant to the California Environmental Quality Act (CEQA) is required. In this instance an Environmental Impact Report will be prepared. DISCUSSION The Community Development Department has selected Panorama Environmental, Inc. to perform the environmental review required for the proposed project. Environmental review is a duty imposed on the lead agency under state law, but such review is funded by the development applicant. Therefore, although the contract is with the City of Burlingame, the applicant will pay $158,328 to the City to cover the costs of the environmental Professional Services Agreement— Panorama Environmental, Inc. May 18, 2015 review. The City will administer the contract, and will pay the consultant on a monthly basis as services are rendered. Attached is a draft Agreement for Professional Services with Panorama Environmental, Inc. to perform the environmental review services required for the proposed project, in an amount not to exceed $158,328. Because the cost of the agreement exceeds $100,000 Council approval is required. FISCAL IMPACT Funding for the project's environmental review is provided by the project applicant. Therefore, there will be no fiscal impact to the City's budget. Exhibits: • Resolution • Professional Services Agreement Scope of Work 2 RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH PANORAMA ENVIRONMENTAL, INC. FOR ENVIRONMENTAL REVIEW SERVICES REQUIRED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), FOR A PROPOSED DEVELOPMENT AT 1128-1132 DOUGLAS AVENUE AND 524 OAK GROVE AVENUE WHEREAS, The Community Development Department - Planning Division has received an application for approval of applications related to the construction of a 29 -unit apartment development at 1128-1132 Douglas Avenue. As part of the project, a portion of an historic residence situated on the property at 1128 Douglas Avenue is to be relocated to a property at 524 Oak Grove Avenue; WHEREAS, the scope of the proposed development necessitates a full environmental analysis (i.e. preparation of an Environmental Impact Report) pursuant to CEQA; WHEREAS, The Community Development Department — Planning Division has selected Panorama Environmental, Inc. to prepare the Environmental Impact Report for the project at an estimated cost of $158,328. NOW, THEREFORE, it is RESOLVED by the City Council of the City of Burlingame that the City Manager is authorized to execute a Professional Services Agreement with Panorama Environmental, Inc. for environmental review services required for the proposed development project at 1128-1132 Douglas Avenue and 524 Oak Grove Avenue, at a cost not to exceed $158,328. Terry Nagel, Mayor f, Mary Ellen Kearney, Clerk of the City of Burlingame, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame City Council held on the 18`" day of May, 2015, by the following vote to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: 1 Mary Ellen Kearney, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BURLINGAME AND PANORAMA ENVIRONMENTAL, INC. FOR ENVIRONMENTAL REVIEW SERVICES RELATED TO THE MULTI -FAMILY DEVELOPMENT PROJECT AT 1128-1132 DOUGLAS AVENUE AND 524 OAK GROVE AVENUE THIS AGREEMENT is by and between Panorama Environmental, Inc. ("Consultant") and the City of Burlingame, a public body of the State of California ("City"). Consultant and City agree: 1. Services. Consultant shall provide the Services set forth in Exhibit A, attached hereto and incorporated herein. 2. Compensation. Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum compensation amount, Consultant agrees to perform all of the Scope of Services herein required of Consultant for $158,328.00, including all materials and other reimbursable amounts ("Maximum Compensation"). Consultant shall submit invoices on a monthly basis. All bills submitted by Consultant shall contain sufficient information to determine whether the amount deemed due and payable is accurate. Bills shall include a brief description of services performed, the date services were performed, the number of hours spent and by whom, a brief description of any costs incurred and the Consultant's signature. 3. Term. This Agreement commences on full execution hereof and terminates on December 31, 2015, unless otherwise extended or terminated pursuant to the provisions hereof. Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with any schedules specified herein. In the performance of this Agreement, time is of the essence. Time extensions for delays beyond the Consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator prior to the expiration of the specified completion date. 4. Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement is the professional reputation and competence of Consultant. Neither this Agreement nor any interest herein may be assigned or subcontracted by Consultant without the prior written approval of City. It is expressly understood and agreed by both parties that Consultant is an independent contractor and not an employee of the City. 5. Insurance. Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof, acceptable to the City, the insurance coverages specified in Exhibit B, "City Insurance Requirements," attached hereto and incorporated herein by reference. Consultant shall demonstrate proof of required insurance coverage prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance to City. 6. Indemnification. Consultant shall indemnify, defend, and hold City, its directors, officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of, pertaining or relating to the negligence, recklessness or willful misconduct of Consultant, its employees, subcontractors, or agents, or on account of the performance or character of the Services, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, employees, agents, or volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Notwithstanding the foregoing, for any design professional services, the duty to defend and indemnify City shall be limited to that allowed pursuant to California Civil Code section 2782.8. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 7. Termination and Abandonment. This Agreement may be cancelled at any time by City for its convenience upon written notice to Consultant. In the event of such termination, Consultant shall be entitled to pro -rated compensation for authorized Services performed prior to the effective date of termination provided however that City may condition payment of such compensation upon Consultant's delivery to City of any or all materials described herein. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the Services described in this Agreement, Consultant shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this Agreement. Consultant shall be paid for the reasonable value of the authorized Services performed up to the time of Consultant's cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment. 8. Ownership of Materials. All documents, materials, and records of a finished nature, including but not limited to final plans, specifications, video or audio tapes, photographs, computer data, software, reports, maps, electronic files and films, and any final revisions, prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of City. All documents and materials of a preliminary nature, including but not limited to notes, sketches, preliminary plans, computations and other data, and any other material referenced in this Section, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additional charge and without restriction or limitation on their use. Upon City's request, Consultant shall execute appropriate documents to assign to the City the copyright or trademark to work created pursuant to this Agreement. Consultant shall return all City property in Consultant's control or possession immediately upon termination. 9. Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States and the State of California, and all ordinances, regulations, and policies of the City. Consultant warrants that all work done under this Agreement will be in compliance with all applicable safety rules, laws, statutes, and practices, including but not limited to Cal/OSHA regulations. If a license or registration of any kind is required of Consultant, its employees, agents, or subcontractors by law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the term of this Agreement, and that any applicable bond shall be posted in accordance with all applicable laws and regulations. 10. Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code § 81000 et seq.) respecting this Agreement. 11. Whole Agreement and Amendments. This Agreement constitutes the entire understanding and Agreement of the parties and integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or any previous written or oral Agreements between the parties with respect to all or any part of the subject matter hereof. The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein. This Agreement may be amended only by a written document, executed by both Consultant and the City Manager, and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend certain terms and conditions of this Agreement. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document. This Agreement and all matters relating to it shall be governed by the laws of the State of California. 12. Capacity of Parties. Each signatory and party hereto warrants and represents to the other party that it has all legal authority and capacity and direction from its principal to enter into this Agreement and that all necessary actions have been taken so as to enable it to enter into this Agreement. 13. Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties. 14. Notice. Any notice required or desired to be given under this Agreement shall be in writing and shall be personally served or, in lieu of personal service, may be given by (i) depositing such notice in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to a party at its address set forth in Exhibit A; (ii) transmitting such notice by means of Federal Express or similar overnight commercial courier ("Courier"), postage paid and addressed to the other at its street address set forth below; (iii) transmitting the same by facsimile, in which case notice shall be deemed delivered upon confirmation of receipt by the sending facsimile machine's acknowledgment of such with date and time printout; or (iv) by personal delivery. Any notice given by Courier shall be deemed given on the date shown on the receipt for acceptance or rejection of the notice. Either party may, by written notice, change the address to which notices addressed to it shall thereafter be sent. 3 15. Miscellaneous. Except to the extent that it provides a part of the definition of the term used herein, the captions used in this Agreement are for convenience only and shall not be considered in the construction of interpretation of any provision hereof, nor taken as a correct or complete segregation of the several units of materials and labor. Capitalized terms refer to the definition provide with its first usage in the Agreement. When the context of this Agreement requires, the neuter gender includes the masculine, the feminine, a partnership or corporation, trust or joint venture, and the singular includes the plural. The terms "shall", "will", "must' and "agree" are mandatory. The term "may" is permissive. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. When a party is required to do something by this Agreement, it shall do so at its sole cost and expense without right to reimbursement from the other party unless specific provision is made otherwise. Where any party is obligated not to perform any act, such party is also obligated to restrain any others within its control from performing such act, including its agents, invitees, contractors, subcontractors and employees. IN WITNESS WIIEREOF, Consultant and City execute this Agreement. CITY OF BURLINGAME CONSULTANT 501 Primrose Road Panorama Environmental, Inc. Burlingame, CA 94010 One Embarcadero Center, Suite 740 San Francisco, CA 94111 By: By. Lisa Goldman Laurie Hietter City Manager Principal Federal Employer ID Number: Mary Ellen Kearney City Clerk Approved as to form: Kathleen Kane City Attorney Attachments: Exhibit A Scope of Services Exhibit B City Insurance Provisions PAN*RAMA ENVIRONMENTAL, INC. 1 PROJECT UNDERSTANDING DOUGLAS AVENUE REDEVELOPMENT Panorama reviewed the following project materials provided by the City of Burlingame (City) for the new five -story, 29 unit apartment building at 1128-1132 Douglas Avenue in Burlingame: • Application forms and other correspondence submitted by the applicant • Plan Check comments from the City's Planning, Building, Parks, Engineering, Fire, and Stormwater Divisions • Proposed Project plans • Historic resource studies for the structures at 1128 and 1132 Douglas Avenue Proposed Project Dreiling Terrones Architecture, hie. submitted a project description, application to the Planning Commission for Design Review, and a Conditional Use Permit (CUP) application for redevelopment of 1128 and 1132 Douglas Avenue in Burlingame. The applicant proposes to combine the two lots and build a new, 45,770 square foot apartment building with one, two, and three bedroom apartments. The project involves demolishing several structures (see Table 1) and relocating a historic home to 524 Oak Grove Avenue in Burlingame. Table 1 Project Demolition 1128DouglosAve 1132 Douglas A Two-story 4 -unit Apartment Two-story, single-family residence Two-story single-family residence One-story garage Storage Shed The project is generally consistent with current zoning for use and density. The project requires a CUP application because the applicant proposes to construct the apartment building to a height of approximately 60 feet. Zoning Ordinance 25.29.060 requires a CUP when the height exceeds 35 feet. The maximum height conditionally allowable is 75 feet. The applicant is also seeking a variance for a reduced front setback (18.4 feet) and a reduced driveway width (9 feet) to accommodate preserving two protected trees. Historic Structures The structure at 1128 Douglas Avenue was evaluated by historic architecture consultants Page & Turnbull. The home is considered historic and eligible for the California Register of Historical 1128 and 1132 Douglas Avenue • February 25, 2015, Revised May 13, 2015 1-1 Panorama Proposal to Prepare an EIR 1128 and 1132 Douglas Avenue City of Burlingame Resources under Criterion 1 (Events) and Criterion 2 (Persons); it is not eligible under Criterion 3 (Architecture). The structure was determined not eligible for the National Register of Historic Places. The current study did not evaluate whether the building contributes to a potential historic district. The applicant proposes to relocate the historic home from 1128 Douglas to 524 Oak Grove Avenue. The structure at 1132 Douglas Avenue was determined not individually eligible for listing in the National or California Registers under Criterion A/1 (Events), under B/2 (Persons), or C/3 (Architecture). The current study did not evaluate whether the building contributes to a potential historic district. 2 SCOPE OF WORK APPROACH The City determined that the project should be analyzed under the California Environmental Quality Act (CEQA) in an Environmental Impact Report (EIR). Panorama will review all materials and determine whether a focused EIR can be prepared. The key areas of focus are expected to be effects to historic resources, aesthetics, traffic and transportation, and biology (protected trees). Stormwater runoff may also be an issue, based on current plans. TASK 1: PROJECT INITIATION AND NOP The Panorama project manager will meet with the City to initiate the project and refine the project schedule. The scope of work will be refined to meet the City's needs and any concerns. Panorama team members will review relevant documentation and identify data needs. This task also provides for time for coordination with the City and team members. Deliverables: Revised schedule and data needs memo Panorama will prepare a Notice of Preparation (NOP) in accordance with CEQA Guidelines §15082(a)(1). Panorama will prepare a NOP that describes the: • Proposed project and location • Entitlements sought by the applicant • Scope of the environmental review • Key issues and potential impacts • Date and time for the Scoping Meeting • Methods to submit comments on the scope of the EIR 1128 and 1132 Douglas Avenue • February 25, 2015, Revised May 13, 2015 2-2 Panorama Proposal to Prepare an EIR 1128 and 1132 Douglas Avenue City of Burlingame The NOP will be sent to the State Clearinghouse, Trustee Agencies (such as the State Historic Preservation Office), the local water supply entity, and residents within 300 feet of the proposed project. Panorama will work with the City to determine the appropriate mailing list. Deliverable: NOP/Initial Study and mailing list TASK 3: CONDUCT STUDIES OF KEY ISSUES Aesthetics The key issue for aesthetics will be the height and mass of the building and the architectural character of the building in light of the City's Downtown Specific Plan guidelines. Though light and shade may be an aesthetic issues, and these building impacts will be addressed, no detailed shade modeling is proposed. 2M Associates and Panorama propose to prepare up to two simulations of the project after construction and two simulations of a "reduced intensity" project alternative. Given the height of the proposed structure, it is probable that these simulations will be from viewpoints not immediately adjacent to the site, but somewhat set back, such as from City Hall. Patrick Miller from 2M will: Review proposed project architectural and landscape design plans of both the proposed apartment building and the historic home to be relocated to Oak Grove Avenue. Consideration will be given, but not limited to: building and site materials, forms, fenestration, and colors and textures; preservation of existing trees; future screening potential of proposed landscape plantings; and lighting. Conduct field reconnaissance of the project sites and vicinity and develop a photo library of views looking toward the site(s) from within the surrounding neighborhoods. The most sensitive publicly accessible key observation points will be identified for use in developing photo -simulations of the project and alternatives. Analyze and document the impact of the proposed project to aesthetic resources including, but not limited to: — General visibility (foreground, middleground, background) — Visibility and duration of view from local routes of travel (streets) — Visibility from public facilities (schools, parks, etc.) — Visibility from residences — Scale relationships Analyze, in compliance with CEQA, the impacts of the proposed project on aesthetic resources Develop two (2) photo -simulations of the proposed apartment building from key observation points selected in consultation with City staff. The photo -simulations will include before and after images using industry standards. They are assumed be from 1128 and 1132 Douglas Avenue • February 25, 2015, Revised May 13, 2015 2-3 Panorama Proposal to Prepare an EIR 1128 and 1132 Douglas Avenue City of Burlingame observation points 1/2 to 3 blocks away from the apartment building. A simulation immediately off of Douglas Avenue in front of the structure would be limited to the first few floors of the structure and not representative of the height and bulk of the building. Simulations will be based on the site plans and elevations contained in the Planning Application. Alternatively, the longitude, latitude, and elevation of key observation points will be provided to the project proponent from which 3-dimensional illustrations of the building could be developed and used in the simulations. Up to two additional photo simulations will be developed and presented for a "reduced intensity" project alternative. Define mitigation measures to reduce or avoid significant impacts to aesthetic resources. Mitigation measures to be considered may include: - Landscape features around the building including screening walls, fencing, and planting - Materials, colors, and textures of proposed facilities Biological Resources The proposed project has the potential to affect several significant trees. Panorama's arborist will peer review the appbcant's arborist's report for the Douglas and Oak Grove properties and prepare a peer review memo. The arborist will review the findings on the trees and determine whether the proposed project would have an adverse effect on the trees to be saved. Construction under the drip line of the trees could have a significant effect. Mitigation measures will be developed to avoid significant effects. Cultural Resources—Historic Architecture Richard Brandi, historic resources specialist, will describe and analyze the historic resources that would be affected by the proposed project. Mr. Brandi will: • Prepare a Historic Resources Technical Report • Peer review the Carey Downtown historic report on 1132 Douglas and the Page & Turnbull project -specific reports on 1128 and 1132 Douglas Avenue • Evaluate the suitability of the 524 Oak Grove Street location for the relocation of the Murphy house • Determine the eligibility of the house at 524 Oak Grove Avenue, which will be tom down • Review the plans for the rehabilitation of 1128 Douglas Avenue house for conformity to the Secretary of Interior's Standards for Rehabilitation • Analyze, in compliance with CEQA, the impacts of the proposed project on historic resources • Define mitigation measures to reduce or avoid significant impacts to historic resources 1128 and 1132 Douglas Avenue • February 25, 2015, Revised May 13, 2015 2-4 Panorama Proposal to Prepare an EIR 1128 and 1132 Douglas Avenue City of Burlingame The peer review will include reviewing the project historic reports, performing a site visit, analysis, and making findings and conclusions. The peer review does not include archival research or completing Department of Parks and Recreation (DPR) forms. The applicant proposes to relocate the historic house from 1128 Douglas Avenue to 524 Oak Grove Avenue. The existing home at 524 Oak Grove will be demolished. Mr. Brandi will evaluate the eligibility of the existing home for listing on the National or State Historic Register and the suitability of the Oak Grove location to relocate the house. The house will be rehabilitated once it is moved. Mr. Brandi will evaluate the effects of the rehabilitation to determine whether the rehabilitation conforms to the Secretary of Interior's Standards for Rehabilitation. Recommendations in the form of mitigation measures will be defined to ensure conformity with the standards. Traffic Peter Galloway of Omni -Means will review and assess the potential for traffic and transportation impacts. Issues may include peak hour traffic generation, the substandard width of the driveway, and adequacy of parking and traffic flow. Omni -Means will review all project related material, including; site maps, site access locations, project descriptions, project applications, and the City's Downtown Specific Plan. The total number of daily, AM and PM peak hour vehicle trips expected to be generated by the proposed development will be calculated. The trip generation will be established based on standard rates from Institute of Transportation Engineers trip generation data. The site's existing trip generation will be similarly calculated and the net new trips identified. The trip changes on the street network will be compared with the Downtown Specific Plan volumes and the effects discussed, based on the likely distribution of trips. Omni -Means' initial review indicates the added trip generation would result in minimal traffic increases on adjacent streets. Based on applicant input relative to the construction process, Omni -Means will qualitatively assess the peak construction activity/duration relative to traffic and pedestrian impacts/disruption. The possible effects of the driveway width variance will be evaluated. The analysis will be summarized in a letter report including text tables, and figures to explain the technical evaluation and recommendations. A draft report will be prepared and submitted, and a final letter report will be completed following receipt of comments. Shadow Study Panorama will prepare the shadow study at the same level of detail as the shadow study prepared by the City for the 1433 Floribunda Avenue project. Panorama will use SketchUp Pro to produce the study. The shadow study will include the following: 1128 and 1132 Douglas Avenue . February 25, 2015, Revised May 13, 2015 2-5 Panorama Proposal to Prepare an EIR 1128 and 1132 Douglas Avenue City of Burlingame • A figure with 24 illustrations of existing shadows on the winter and summer solstice (December 21 and June 21) and the spring and fall equinox (March 21 and September 21) depicted at 9:00 AM, 12:00 noon, and 3:00 PM • A figure with 24 illustrations of existing plus proposed project shadows on the winter and summer solstice (December 21 and June 21) and the spring and fall equinox (March 21 and September 21) depicted at 9:00 AM, 12:00 noon, and 3:00 PM • Illustrations that will graphically distinguish between existing shadows and new shadow cast by the proposed project • A north arrow, legend, and caption on the figures. The scope for the shadow study assumes the following: • All illustrations will be from the same bird's eye view, extent, and scale • The modeling will not include shadow cast by vegetation • The modeling will not factor in topography or changes in ground elevation because the project site and immediate area is flat • The modeling will flatten all rooftops at the highest point • The modeling will use building existing building footprint data provided by the City for the existing buildings(digitized in 2011 using aerial imagery from 2005 and 2008) • The existing building heights will be provided by the City • The modeling will not include shade calculations. TASK 3: PREPARE DRAFT EIR Task 3.1 Prepare Administrative Draft EIR Panorama will prepare an Administrative Draft EIR, including a completed environmental checklist consistent with Appendix G of the California Environmental Quality Act (CEQA) Guidelines. The EIR will address each of the environmental parameters identified in the checklist, with the exception of Agricultural Resources and Mineral Resources, which are unlikely to be affected by the proposed project. Additional topics that may be eliminated from further consideration in the EIR include Population and Housing, Public Services, and Recreation. Section 1 — Introduction The Introduction will present an overview that describes the proposed project, the purpose of the EIR, a summary of the EIR review and approval process, the format of the EIR, permits required for project implementation, and a brief summary of the key areas of environmental concern raised during scoping. 1128 and 1132 Douglas Avenue . February 25, 2015, Revised May 13, 2015 2-b Panorama Proposal to Prepare an EIR 1128 and 1132 Douglas Avenue City of Burlingame Section 2 - Project Description The Project Description will present a detailed description of the proposed project and identify the project's objectives. Section 3 - Environmental Analysis The Environmental Analyses section of the EIR will describe the existing environmental and regulatory setting for the site and project, followed by analysis of the direct and indirect impacts of the project, focusing on significant impacts. Mitigation measures will be designed to eliminate or reduce any potentially significant environmental impacts to less than significant levels. Thresholds of significance will be defined in consultation with City staff, to ensure consistency with recent City determinations. The basis of all thresholds of significance is presumed to be those outlined on the CEQA Checklist. Mitigation measures will be developed based on established City practice, using a format that will allow the measures to be easily integrated into the City's entitlement documents as project conditions. The measures will be specific and verifiable. The preliminary scopes for the key environmental parameters affected by the proposed project follow. Aesthetics. The proposed project would redevelop the site with greater overall building density, mass, and height, including the development of a five -story structure where two two- story buildings are located. The proposed project would be visible from Douglas Avenue, adjacent properties, Primrose Avenue, California Drive, City Hall, and surrounding neighborhood streets. Patrick Miller of 2M Associates will prepare up to two photo simulations of the proposed development from vantage points determined in consultation with the City. The visual simulations will include before and after photos of the project using the site plan, elevations and 3-dimensional illustrations provided by the project architect. An additional two photo simulations will be developed and presented for a "reduced intensity" project alternative. Additional information on the scope of the aesthetics analysis is provided above. Air Quality. Construction of the proposed project would be expected to generate short-term construction related emissions from earthmoving operations and from construction equipment. Panorama will quantify the projected generation of airborne emissions during construction based on standard generation rates developed by the Bay Area Air Quality Management District (BAAQMD). Panorama will identify mitigation measures to reduce construction related emissions to the extent feasible within the context of current technology. The proposed project would be expected to alter the project site's current generation of airborne emissions due to changed traffic generation and movements. Panorama will quantify the net change in airborne emissions that would result from project implementation in excess of the 1128 and 1 132 Douglas Avenue • February 25, 2015, Revised May 13, 2015 2-7 Panorama Proposal to Prepare an EIR 1128 and 1132 Douglas Avenue City of Burlingame emissions generated under the current site use. The basis for the analysis will be a combination of trip generation rates identified in a traffic study to be prepared by Omni -Means and emission rates and impact thresholds identified by the BAAQMD. Air pollutant emissions modeling is not anticipated for this task. Biological Resources. The biological resources of concern are expected to be the existing oak and redwood trees at the project site and the large oak at 524 Oak Grove where the historic house will be relocated. Measures will be proposed to insure the ongoing protection and health of these two significant trees. Cultural Resources. The cultural resources analysis will focus on the evaluation of the affected properties as historic resources. Mr. Brandi will prepare a Historic Resources Technical Report. Mr. Brandi will peer review existing historic resources reports related to the properties (Page & Turnbull and Carey & Co.) and the findings will be used to define the existing setting. The effects to the properties will be described and mitigation measures will be identified to reduce or avoid significant impacts, if possible. Geology, Soils, and Seismicity. Panorama will evaluate the proposed project's potential impacts in the areas of geology, soils, and seismicity at a general level, using the applicant's geotechnical report as an initial resource (if available). The project site is located on alluvial sediments. A high water table may be an issue for the underground garage. The existing geologic conditions would be evaluated for potential geologic hazards. The evaluation will be expected to establish mitigation measures designed to ensure the project design would reflect analysis of the site-specific geologic characteristics, with attention to the seismic setting of the Bay Area. Hazards and Hazardous Materials. Prior uses of the site may have included the use and/or accidental spill of hazardous materials on the site's soils. Panorama will review the Phase I Site Assessment prepared on behalf of the applicant and utilize the information included in that Assessment to prepare the analysis of hazards and hazardous materials associated with the proposed project. Hydrology and Water Quality. The proposed project has the potential to change the site's contribution to downstream flows from impervious surfaces and downstream water quality due to pollutants in urban runoff. Depth to groundwater maybe a concern. Panorama will quantify the proposed project's impervious surfaces, based on the project architect's or engineer's calculations, examine areas of potential water quality degradation, and develop mitigation measures to ensure compliance with applicable water quality standards and City requirements. Land Use and Planning. The proposed project would introduce a more intensive development to the project site than currently exists. The project will require variances and a conditional use 1128 and 1132 Douglas Avenue • February 25, 2015, Revised May 13, 2015 2.8 Panorama Proposal to Prepare an EIR 1128 and 1132 Douglas Avenue City of Burlingame permit. Panorama will evaluate the proposed project's conformance with applicable provisions of the General Plan and Zoning Ordinances within the context of the CEQA Checklist. Noise. The proposed project would include demolition and construction in a residential neighborhood. Panorama will conduct a qualitative evaluation of the existing and projected noise environment and the proposed project's compatibility with that environment. Noise modeling will not be conducted for this task. As necessary, mitigation measures will be developed to ensure conformance with established noise standards, including noise during construction of the project. Population and Housing. The proposed project would introduce permanent population, housing units, and employment to the site. The proposed project would introduce 29 residential apartment units, resulting in an incremental increase in the City's population. Compared to the City's existing population, the incremental increase is not be expected to be significant. Panorama will determine if the increase in population and housing are consistent with the City's General Plan, the Downtown Specific Plan, and housing goals. Public Services. The proposed project would change the site's current demand for public services, including fire and police protection, and potentially demand for schools and parks. Panorama will evaluate the net change in the demand for public services based on standard generation rates as may be established by the service providers. Recreation. The introduction of 29 apartment units to the project site would not likely result in a substantial increase in the demand for recreational facilities. This topic may be focused out of the EIR. Traffic and Transportation. Omni -Means will prepare a traffic study of the proposed project. The study will focus on potential traffic impacts on area streets and on site access, circulation, and parking. That study will form the basis for the EIR's Transportation and Traffic analysis. The scope of work does not include intersection capacity and operations analyses, due to the relatively low volumes of traffic anticipated from the development and the nature of the surrounding street system. Utilities and Service Systems. The proposed project would increase the current demand for utilities and service systems at the site. Panorama will determine the net change across the range of systems and services, including wastewater collection and treatment, water supply and delivery, storm water drainage, and solid waste disposal to determine if the net change would result in a potentially significant impact on system operators and service providers. If any systems are determined to be significantly impacted, mitigation measures will be proposed to address the impacts. 1128 and 1 132 Douglas Avenue • February 25, 2015, Revised May 13, 2015 2-9 Panorama Proposal to Prepare an EIR 1128 and 1132 Douglas Avenue City of Burlingame Section 4. Alternatives to the Proposed Project The alternatives section will address alternatives to the proposed project that would avoid significant effects and still meet the basic objectives of the proposed project. Alternatives might include a project building with fewer stories or less mass, and an alternative historic building relocation site. CEQA requires identification of a No Project Alternative and an Environmentally Preferred Alternative as part of this analysis. The effects of the alternatives will be addressed in comparison to the proposed project Section 5. Cumulative Impacts and Other CEQA Considerations CEQA requires that an EIR discuss cumulative impacts of a project when the project's incremental effect is cumulatively considerable, as defined in 14 CCR Section 15130. Where a lead agency is examining a project with an incremental effect that is not "cumulatively considerable," a lead agency need not consider that effect significant, but shall briefly describe its basis for concluding that the incremental effect is not cumulatively considerable. Section 5 will address the cumulative impacts of the proposed project when combined with a list of past, present, and future projects. Section 6. Report Preparation The Report Preparation section of the EIR will list the preparers of the EIR, the public agencies that were consulted, and the members of the public involved in the EIR process. Section 7. References The References section will list the sources of information used in the preparation of the EIR. Deliverables: Electronic Administrative Draft EIR and 5 hard copies Task 3.2 Prepare Check Draft EIR Panorama will address and incorporate City comments on the Administrative Draft EIR and prepare the Check Draft for City review. The Check Draft will include the Mitigation Monitoring and Reporting Plan (MMRP) for the project. The MMRP will be included as an appendix. Deliverables: One electronic copy and one hard copy of the Check Draft EIR Task 3.3. Prepare Draft EIR and Notices Panorama will incorporate City comments on the Check Draft and produce the Draft EIR for public review. Panorama will draft the required CEQA notices, including the Notice of Completion and Notice of Availability. We assume the City will distribute the notices to the Office of Planning and Research (OPR), affected agencies, affected individuals, and post the notice of availability with the County Clerk. Deliverables: 25 copies of Draft EIR and 15 CDs 1128 and 1 132 Douglas Avenue • February 25, 2015, Revised May 13, 2015 2-10 Panorama Proposal to Prepare an EIR 1128 and 1132 Douglas Avenue City of Burlingame TASK 4 PREPARE FINAL EIR The Final EIR will consist of an Introduction, a list of agencies and entities that commented on the Draft EER, Comments and Responses, and Errata. The Introduction will summarize the proposed project and the environmental review process. The Comments and Responses section will include the comment letters followed by responses. Task 4.1 Prepare Responses to Comments Panorama will review comments received on the Draft EER and prepare a list of commenters and their affiliation. Panorama will give each letter an alpha designation and each individual comment will receive an alpha -numeric designation. The comments will be reviewed to determine if any changes need to be made to the Draft EIR. Master responses will be prepared for multiple similar comments to avoid repetition (if warranted). Each substantive comment will receive a response. Deliverables: 5 copies of Response to Comments Task 4.2 Prepare Administrative Final EIR The Administrative Final EER will include the Introduction, Comments and Responses (with City comments incorporated), and the Errata section. The Errata section will identify any necessary changes to the EIR. The Draft EIR will not be reprinted in the Final EER. Deliverables: 5 copies of Administrative Final EIR Task 4.3 Prepare Check Final EIR Panorama will incorporate City comments on the Administrative Final EIR and prepare a Check Final EER. Deliverables: One electronic copy and one hard copy of the Check Final EIR Task 4.4 Prepare Final EIR Panorama will incorporate comments on the Check Final EER and prepare the Final EIR for distribution. Deliverables: 25 hard copies and one electronic copy of Final EER Task 4.5 Prepare Draft Findings or Statement of Overriding Considerations (Optional) If requested, Panorama will prepare Draft Findings or a Draft Statement of Overriding Considerations if all significant impacts cannot be mitigated to levels below significance. 1128 and 1132 Douglas Avenue* February 25, 2015, Revised May 13, 2015 2-I1 Panorama Proposal to Prepare an EIR 1128 and 1132 Douglas Avenue City of Burlingame TASK 5 ATTEND PUBLIC MEETINGS AND CONDUCT CONSULTATION Curtis Williams and an environmental analyst will attend five public meetings for the project: 1. Project initiation with the Planning Commission 2. Public Scoping Meeting 3. Meeting on the Draft EIR 4. Meeting on the Final EIR with the Planning Commission 5. Meeting on the Final EIR with the City Council Panorama will provide summary meeting notes for each meeting. The budget includes 12 hours for regular communication with the City. Additional meetings will be attended on a time -and - materials basis at the specified rate. Patrick Miller (aesthetics), Peter Galloway (traffic), and Richard Brandi (historic architecture) would be available to attend meetings if warranted by the level of comments or if requested by the City. 3 PANORAMA TEAM The Panorama team will be led by Curtis Williams, AICP. Curtis will direct Kirni Worrell and Leo Mena, who will prepare certain sections of the EIR. Laurie Hietter will serve as overseeing principal. The Panorama team will also include technical specialists to address key issues, including: • Patrick Miller, 2M Associates—Aesthetics • Peter Galloway, Omni Means—Traffic and Transportation • Richard Brandi—Historic Architecture Resumes of team members are provided in Appendix A. The need for an arborist will be determined in consultation with the City. 4 PROPOSED BUDGET AND SCHEDULE BUDGET The proposed budget is shown in the table below. 1128 and 1132 Douglas Avenue . February 25, 2015, Revised May 13, 2015 4-12 Panorama Proposal to Prepare an EIR 1128 and 1132 Douglas Avenue City of Burlingame Table 2: Summary Budget Panorama Expenses $24 $951 $1,268 $120 $2,363 Subtotal Panorama Labor and Expenses $9,704 $3,570 $48,881 $31,868 $27,060 $117,513 2M—Aesthetics $12,100 Arborist $3,300 Brandi—Historic $15,950 Omni -Means— Traffic $5,895 Subtotal Subcontractors $37,245 $37,245 Total $9,704 $40,815 $48,881 $31,868 $27,060 $158,328 This budget is based on the assumptions listed below. Deviations from these assumptions may increase the scope and budget. 1. The project will not change from that described above and in the provided documentation; additional scope and budget may be required for project changes 2. The applicant and City will respond to data requests within 7 days 3. The Draft EIR will require up to 10 graphics and will be approximately 125 pages 4. Panorama will consult with the City Traffic Engineer regarding effects to traffic 5. The addition of 29 residential dwellings will not result in a substantial increase in traffic and no traffic study is required 6. The site is previously disturbed and developed and will not require biological surveys 7. An arborist's report is available addressing the significant oak and redwood trees and the City Arborist will provide further input as needed 8. City comments on administrative drafts will be consolidated into one document 9. There will be no new issues raised in the public comments 10. Panorama will provide: — 5 hard copies of the Admin Draft EK with an electronic copy in Word for editing — 3 hard copies of the Check Draft, with an electronic copy showing tracked changes and one clean copy — 25 hard copies of the Draft EIR — 25 copies of the Final EIR document — 5 hard copies of the Final EIR 11. Additional meetings and copies will be provided at additional cost 1128 and 1132 Douglas Avenue . February 25, 2015, Revised May 13, 2015 4-13 Panorama Proposal to Prepare an EIR 1128 and 1132 Douglas Avenue City of Burlingame 12. The City will prepare Findings or Statement of Overriding Considerations. Panorama can prepare this document at additional cost. SCHEDULE The proposed schedule is shown below. The schedule assumes that the City will review administrative drafts in 21 days and check drafts in 5 days. Panorama will work with the City to refine the schedule. Project Initiation 0 March 10, 2015 Publish NOP and Initial Study 30 April 10, 2015 Scoping Meeting 1 April 29, 2015 Close of Scoping Period 30 May 10, 2015 Submit Administrative Draft EIR 90 June 10, 2015 City Completes Review of Admin Draft 21 July 1, 2015 Submit Check Draft EIR 14 July 15, 2015 City Completes Review of Check Draft 5 July 20, 2015 Publish Draft EIR 7 July 27, 2015 Public Meeting on Draft EIR (Planning Commission) 1 August 24, 2015 Close of Public Review 45 September 10, 2015 Submit Admin Final EIR 21 October 1, 2015 City Completes Review of Admin Final EIR 21 October 21, 2015 Submit Check Final EIR 14 November 4, 2015 City Review of Check Final 7 November 11, 2015 Publish Final EIR 7 November 17, 2015 Planning Commission Meeting 1 November 23, 2015 City Council Meeting 1 December 7, 2015 1128 and 1132 Douglas Avenue . February 25, 2015, Revised May 13, 2015 4.14 Frank Wong MAY 14 2015 1906 Easton Drive Burlingame, CA 94010 CITY CLERK'S OFFICE COMMUNICATION RECEIVED CITY OF BURLINGAME AFTER PREPARATION OF STAFF REPORT 5-13-2015 Honorable members: Burlingame City Council My hope is to follow my Father's lead in building my own home in Burlingame as he did on Hillside a couple of years ago. However I was surprised to be confronted with what I deem and unfair and inconsistent decision by the Planning Commission on April 13t", which has momentarily derailed my hopes. My preceding statement is based on the following information. During the meeting the following Commissioners commented and discussed the following and are not to be considered verbatim. Sargent: Questions regarding tree removal permit process. How does this fit into the neighborhood, the flat roof and the overall design. Declining height envelope question / resolved later as OK. Yee: Wanted clarification of basement plate heights. Have you seen the plans for the house next door that we approved? I can approve the attached garage. Don't think the style of this house fits in (this comment was rethought later). Would like to see the second story plate height reduced to 8'. Talked about materials and elements of the design. Loftus: Think it could be a nice house / it's articulated well / it's massed well. Questioned some material and design element choices. Glass rail leaves me a little cold. There are flat roof houses that have modernist leanings that don't give all the detailing ( at this point Loftus saw the rendering and said "This helps". Houses like this live and die by their details. It could be quite a nice house, seeing the rendering does help a lot. Talked about materials. With the changes I could see this house fitting in with some different kind of detailing. YEE: Did you do this house ( referring to a home I designed on Los Montes with a flat roof). Loftus: Yeah I look at that and it is a much easier for me to take the leap- well that fits into the neighborhood- it's well articulated and it's got similar details that makes it fit in. YEE: Street is woodsy; material choices would make a difference. Talked about second floor plate height ( I then discussed the lesser mass with the flat roof vs a sloped roof). Sargent: Discussed the second floor plate height and the Declining Height Envelope. Yee: Overhang and column discussion. Sargent: Discussion of siding material choice with several commissioners. Demartini: How long have you owned the property? ( owner responded about 2 years) Talked about tree report and maintenance. Caterpillar (equipment) stored at the front of the property ( owner removed the next day). Concerns with attitude we will cut all the trees down and put them in the perimeter / hoping you can take another look at the landscape plan. Rendering helped a ton / its intriguing / a couple of things need to happen. Agree with Sargent that the wood needs to be rich. Critical in a house like this that the landscape plan really helps out the house and fits into the neighborhood. On the Drake house the landscaping fits into the neighborhood. Need to take that extra step when removing these trees / really work on the landscape plan. The front yard has an area where there could be a tree where the grass is. Yee: Another property up in the hills had the same issue, this row of trees, also a modern house, make it look a little more organic. Demartini: Owner talked about respect for the neighborhood and the caterpillar (moved the next day). Gum: Speaking at the end tough to come up with something new: Reiterate that I am in support of doing whatever you can to help those trees on the left side. Something other commissioners have already said about the look and feel, don't know what the words are, maybe minimalist, it's not as rich as other homes in the neighborhood, not that it has to be exactly like those homes, there's something I know you are going to work on to make it fit in a little bit better. Landscaping the same way/ seems a little bit Spartan Saw the artificial turn and hard for me to swallow ( corrected by other commissioner). Last thing, it's a nit ; was mentioned in a letter from the adjoining neighbor that the left side elevation needs an architectural element in the blank area to break up the wall. That is all I have. Demartini Something I forgot to mention: something that works quite well in the drake house and doesn't work so well in Los Montes is the windows; the pattern on the windows on Drake is fantastic; pulls it away from the modern look; take a look at it; in this neighborhood take another look at the muntin bars Yee & Loftus Question and discussion about left side elevation and termination of materials. Yee: I have a couple of other suggestions: On the second floor left elevation felt there was an opportunity for some windows in the blank stucco wall. Also a suggestion regarding the first floor plan. FROM THE FLOOR Neighbor spoke in agreement with proposed plan HEARING WAS CLOSED Yee: Made a motion to take another look the material choices, the muntin pattern on the windows, reduce the second floor plate height, bring it back to the regular action calendar, is there anything else with regard to direction. Gum: Do you want to say anything about landscaping. Yee: Landscaping. Loftus: Paying attention to where materials change, how they end, also look at the continuation of how it works horizontally and vertically to avoid that bathtub ring In general I think the house could be a really nice one. Yee: I think the material choices will be important also second floor plate height. Bandrapolli: Asked for any discussion on the motion. Yee: Are we comfortable with the DHE intrusion/ talk between Loftus and Sargent which was resolved into they were OK with it. Gum: Mentioned that the roof height is shy of the maximum by a couple of feet. Sargent: We focus so much on the design that the bones of the design are very good and that the discussion we have had tonight with the applicant it will be a very much improved design. Thinks that the neighbor in their letter stated it that it doesn't really fit in with the neighborhood and I have that same question (neighbor wrote another letter after the redesign saying that it now fit better with the neighborhood) Even if the design is approved I am not sure if it is supportable Yee: My first reaction was that it didn't fit in but 1 think, I'm hoping that, some of the changes it can soften it, blend it and make it work Talked about materials and reacted to the materials. Motion was approved 6 to 0. The meeting of February 23rd was the Commissions opportunity to advise us of their concerns and what would alleviate their concerns. We felt that with their guidance, if we revised the drawings and took the Commissions advice we would get an approval. We realized that we would not get an approval from Commissioner Sargent as he was very forthright in his opinion and that was appreciated. No other commissioners concurred with his opinion. For the Commission meeting of April 13th the drawings were revised to accommodate all requests except for the following; 1. Reduce the place height of the second floor to 8'-1" (my designer provided a drawing showing how the proposed flat roof and plate height would actually be less bulky than a pitched roof) One might argue that we also did not change the style of the home when it fact we did. My designer added many details and changed materials to reflect Commission comments as well as elements of the neighborhood. I do not consider this to be a Modern home any longer. Although 50 neighbors were noticed we received only one letter and that was from the adjoining neighbor which just had their project approved. No one from the neighborhood was at either meeting to voice their opinions except one. One neighbor spoke in favor of the proposed design. To close, we relied on the Commissions advice and were completely shocked by the vote of April 13th and believe the decision was unfair and not consistent with the February 23`d instructions. It is imperative that the Council Members view both the Planning Commission meeting of February 23 and of April 13, 2015. If you do, I believe you will understand my concerns. I look forward to presenting my argument before you on Monday, May 17tH Property Owner W Frank Wong 1906 Easton Burlingame awl {I• R - i s� � s A BURL,INGAME AGENDA NO: 9a STAFF REPORT MEETING DATE: May 18, 2015 To: Honorable Mayor and City Council Date: May 18, 2015 From: William Meeker, Community Development Director— (650) 558-7255 Subject: City Council Consideration of an Appeal of the Planning Commission's Denial Without Prejudice of Applications for Design Review and Special Permits for Declining Height Envelope, an Attached Garage, and a Basement for a New, Two -Story Single Family Dwelling, on Property at 1906 Easton Drive, Located Within a Single -Family Residential (R-1) Zone RECOMMENDATION The City Council should conduct a public hearing, consider all oral and written testimony received during the hearing and, following closure of the hearing and deliberations, take one of the following actions: • Deny the appeal and uphold the Planning Commission's denial of the application; • Grant the appeal and approve the application; or • Remand the application to the Planning Commission for reconsideration. Following the City Council's action, staff will prepare a resolution memorializing the action for adoption on the next regular City Council agenda. BACKGROUND Project Description: The proposal is to demolish an existing single -story single family dwelling and detached carport to build a new, two-story single family dwelling with an attached garage and basement. The proposed project will have a total floor area of 3,017 SF (0.50 FAR), where 3,034 SF (0.50 FAR) is the maximum allowed (including covered porch and basement exemptions). The applicant proposes to remove five protected size trees on the site. An arborist report dated November 15, 2014, was submitted to evaluate the health of the trees. Protected Tree Removal Permits must be granted by the Parks Department prior to the approval of a Building Permit for the demolition of the existing structures. The proposed project requires Special Permits for declining height envelope and for an attached garage. The right side of the second story encroaches into the declining height envelope by 15 square feet (1' x 15). A total of two off-street parking spaces are required for the proposed four- Appeal -1906 Easton Drive May 18, 2015 bedroom house, one of which must be covered. The attached, lower -level half -story garage will provide one code -compliant covered parking space; one uncovered parking space (9' x 20') is provided in the driveway. The proposed project requires Special Permits for the basement. The basement behind the garage has a ceiling height greater than six feet, six inches (nine feet is proposed) and a direct exit that is not a light well (a sliding door is proposed). All other Zoning Code requirements have been met. The applicant requests approval of the following applications: • Design Review for a new, two-story single family dwelling with an attached garage; and • Special Permit for attached garage; and • Special Permit for declining height envelope (15 square foot encroachment into the declining height envelope on the right side of the house); and Special Permit for a basement with a ceiling height that is greater than six feet, six inches (nine feet is proposed); and • Special Permit for a basement with direct exit that is not a light well (a sliding door is proposed as an exit into the rear yard). A copy of the April 13, 2015, report to the Planning Commission is attached to this report and contains a detailed analysis of the proposal. Planning Commission Action: At its meeting of April 13, 2015, the Planning Commission denied the applicant's requests without prejudice on a vote of 3-2-2. The Planning Commission's concerns focused on the compatibility of the proposed design with the neighborhood, and in particular the proposed plate heights, the flat roof, and the requested encroachment into the declining height envelope. The Commission also recommended a garage door with additional detailing. Appeal of Planning Commission's Action: Subsequent to the Planning Commission's action, the property owner, Frank Wong, submitted a timely appeal of the Commission's action. Exhibits: • Appeal Letter • April 13, 2015 Planning Commission Minutes April 13, 2015 Planning Commission Staff Report • Project Plans 2 Cit) of Burlingame 501 Pnmro� Burlingame. C:\'"01n April 16. _'1115 Re. Planning cununission meeting of April 13. '01 1906 Excton Drive. Burlingame. C 4 43010 As the owner of the property at 1906 Facum. I nish to appeal the decisuxt made Fn" the Burlingame Planning Commission that resulted in .kniai of m% personal homy M a 3 to trate. Regards, �r Frank Wong JERRY DEAL D ASS000VESIn ----- – -- —.. —� - �URUNG" X01001612 [r 2696 PAY TO 7HE O-�r ORDER OF I$ ¢,s�' I©o; ® =zn D"L R, 8i FOR awl - MNween Monday, April 13, 2015 City of Burlingame Meeting Minutes - Draft Planning Commission 7:00 PM BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Council Chambers b. 1906 Easton Drive, zoned R-1 - Application for Design Review for a new, two-story single family dwelling and Special Permits for an attached garage, a basement, and declining height envelope (50 noticed) (Jerry Deal, J Deal Associates, applicant and designer; Easton Estates LLC, property owner) (50 noticed) Staff Contact: Erika Lewit Attachments: 1906 Easton Dr Staff Report 1906 Easton Dr Attachments 1906 Easton Dr - 04 13 15 - recd after 1 pdf All Commissioners had visited the project site. There were no ex -parte communications. Community Development Director Meeker provided an overview of the staff report. There were no questions of staff. Vice -Chair De Martini opened the public hearing. Jerry Deal and Frank Wong represented the applicant. Commission comments/questions: > Requested clarification of the plate heights. (Deal - only the top floor has been reduced in height.) > Feels the design is much nicer now; certainly has a Prairie -style feel about it. > Feels that the main character issues have been addressed and are an improvement. > Questioned why the space between the first and second floor is so thick? (Deal - necessary to permit duct -work to be installed.) > Is there an opportunity to provide a garage door with greater detail? (Deal - can stain the door the same color as the siding. Could also provide more of a panel -type system.) > How does the style fit into the neighborhood; he feels it doesn't. (Deal - is a matter of opinion. The style is what the client wants. The changes that have been made with the materials help the design to fit in.) > Neighbor to the left has requested one of the Oak trees remain. (Deal - the owner is having conversations with the neighbor, but it is a tough issue given the condition of the tree.) There were no public comments. Vice -Chair DeMartini closed the public hearing. Commission discussion: > Feels that the home does not fit into the neighborhood. Changes could be made to the roof and with lower plate heights to make the design fit better with the neighborhood. > Feels the building is massed quite nicely and fits well with the Craftsman -style home next door. Doesn't see the design as Modernist at all. Doesn't see the lack of a peaked roof as a problem. Likes the variety that it adds to the neighborhood. City arauningame Page 1 Printed on 51712015 Planning Commission Meeting Minutes - Draft April 13, 2015 > Feels that the attached garage is also a factor in the incompatibility with the neighborhood. Would definitely be something new in this part at town. > The design has scale and good detailing. Adds variety to the neighborhood. Has difficulty drawing a hard line on where Modem styles are appropriate and where they are not. > The problem with a flat -roof is that it eliminates the opportunity for vaulting the ceilings. > The project is supportable as designed. > The current design is a great improvement over the prior design. The massing and detailing is handled well. Still has questions regarding the fit with the neighborhood. > Projects are considered individually, but also take into account past decisions on other parts of the City. > If there was going to be a request for an encroachment into height, it should be for some element of the design that is not standard. > The FAR is maximized with this design, plus the two nine -foot plate heights compounds the problem of compatibility. > Discussed whether or not to recommend further design changes with a continuance. Commissioner Loftis moved to approve the project with the suggested conditions of approval included in the staff report and with an additional condition requiring a revision to the garage door to include more detailing. The motion was seconded by Commissioner Terrones. Vice -Chair DeMartini called for a roll call vote on the motion and it failed 2-3-2-0 (Commissioners Gum, Sargent and DeMartini dissenting, Commissioners Gaul and Bandrapalli absent. Commissioner Sargent made a motion, seconded by Vice -Chair DeMartini, to deny the application without prejudice. The motion carried by the following vote: Aye: 3 - DeMartini, Gum, and Sargent Nay: 2 - Loftis, and Terrones Absent: 2 - Gaul, and Bandrapalli City of Burlingame Page 2 Printed on 51712015 i City of Burlingame Item No. 8b Design Review and Special Permits Regular Action Address: 1906 Easton Drive Meeting Date: April 13, 2015 Request: Design review and Special Permits for an attached garage, declining height envelope, basement ceiling height, and a direct exit from a basement for a new, two-story single family dwelling. Applicant and Designer: Jerry Deal, J Deal Associates APN: 026-063-110 Property Owner: Easton Estates LLC Lot Area: 6,045 SF General Plan: Low Density Residential Zoning: R-1 Environmental Review Status: The project is Categorically Exempt from review pursuant to the California Environmental Quality Act (CEQA), per Section 15303 (a) of the CEQA Guidelines, which states that construction of a limited number of new, small facilities or structures, including one single-family residence, ora second dwelling unit in a residential zone, is exempt from environmental review. In urbanized areas, this exemption may be applied to the construction or conversion of up to three (3) single-family residences as part of a project. Project Description: The property slopes upward from the front of the lot to the rear. The left side property line angles inward at about halfway down the length of the property, so that the width at the rear of the property is 10 feet less than the width at the front. The applicant proposes to replace the existing single -story house and detached carport with a new, two-story dwelling with an attached garage and a basement. The total proposed floor area is 3,017 SF (0.50 FAR), where 3,034 SF (0.50 FAR) is the maximum allowed (including covered porch and basement exemptions). This proposed project is within 1 % of the maximum allowable FAR. The applicant is requesting a special permit for encroachment into the declining height envelope. The proposed second story encroaches into the declining height envelope on the right side by 15 SF (1'-0" x 15'-0"). The proposed dwelling has a basement and lower level that will contain a garage, a bathroom, and a media/exercise room. The applicant is requesting two special permits for the basement: • Special permit for a ceiling height that is over 6-6", where 9'-0" is proposed; • Special permit for a direct exit from the basement that is other than alight well, to allow sliding doors at the rear of the media/exercise room in the basement. A special permit is also requested for the proposed attached garage. The proposed 4 -bedroom house requires 2 parking spaces, 1 of which must be covered. The attached garage is located at the basement level and will provide 1 covered parking space (10' x 20' interior dimensions). There will be a second parking space, uncovered, in the driveway leading to the garage, for a total of two parking spaces on site. There are 5 protected -size trees on the site and all of these trees are proposed to be removed for the project (see the attached Arborist report dated November 15, 2014). The Parks Supervisor requires that the applicant applies for Protected Tree Removal Permits with the Parks Department prior to this project being scheduled for an action hearing (see Parks Division comment sheet dated February 12, 2015). The applicant is requesting the following applications: • Design Review for anew single family dwelling (C.S. 25.57.010 (a) (1)). • Special Permit for encroachment into the Declining Height Envelope (C.S. 25.26.035 (c)). • Special Permit for construction of an attached garage (C.S. 25.26.035 (a)). • Special Permit for abasement with any interior ceiling height of six and one-half (6 1/2) feet or greater (C.S. 25.26.035 (f)); and Design Review and Special Permits 1906 Easton Drive • Special Permit for ad irect exit from abasement to the exterior of the structure that is anything other than a light or window well (C.S. 25.26.035 (g)). 1906 Easton Drive LOT Area: e,vas sr Plans date stamped: March 18, 2016 PROPOSED I ALLOWED/REQ'D i SETBACKS Front (1st 11r): 26'4" 22'-11 "(block average) (2nd f/r): 28'-8" 22'_11" (attached garage): 1 26'-4" I 25'-0" Side (left): 9'-8" 4'-0" (right): 5.0 4'-0" Rear (1st fir): 33'4" 15'-0" (2nd fir)' 29'-8" 20'-0" Lot Coverage: ------_._..--------- 1,880 SF 2,418 SF FAR: ( 3,017 SF 3,034 SF' 0.50 FAR 0.50 -FAR Basement Ceding Basement with 9'-0" ceiling height' Requires Special Permit (C.S. 2526.035 (f)) Height: Basement Exit: Exit other than alight well Requires Special Permit (C.S. 25 26.035 (g)) # of bedrooms: 4 Parking: 1 covered (10' x 20') 1 uncovered (9'x 20') Attached Attached garage 1 covered (10' x 20') 1 uncovered (9'x 20) Requires Special Permit (C.S. 25.26.035 (a)) Height: '', 28'-6" 30.0" DH Envelope: Right side encroaches by 15 SF s Requires Special Permit (C.S. 25.26.035 (c)), lu.s2 x b,u4b sr) + 1,100 SF = 3,034 SF (0.50 FAR). 3 Special permit requested for basement ceiling height greater than 6-6". Special permit requested for a direct exit from a basement to the exterior of the structure that is anything other than a light or window well. eSpecial permit requested for construction of an attached garage. Special permit requested for 15 SF encroachment (1'-0" x 15'-0") into the Declining Height Envelope on the right side. Staff Comments: See attached memos from the Chief Building Official, Fire Division, Engineering Division, Parks Division, and Stormwater Division. -2- Design Review and Special Permits 1906 Easton Drive Design Review Study Meeting: At the Planning Commission design review study meeting on February 23, 2015, the Commission had questions and suggestions regarding this project and voted to place this item on the regular action calendar when all information has been submitted and reviewed by the Planning Division (see attached February 23, 2015 Planning Commission Minutes). The applicant submitted a response letter and revised plans date stamped March 18, 2015, in response to the Commission's comments. Some of the changes made to the project are listed below. A more detailed review of the revisions made to the plans can be reviewed in the applicant's response letter. 1. Materials are critical for helping the style to fit into the neighborhood; materials should give the design a woodsier, organic feel. In particular the front columns look skinny and the steel and glass rail system for the porch seems cold. • The applicant is proposing a natural cedar siding, a sample of which will be brought to the hearing. The columns have been made thicker and the material changed to stucco. • The porch materials have been changed to stone or stucco guardrails and wood balustrade. • The aluminum clad wood windows throughout have been changed to a'prairie style' with simulated true divided lites. 2. Applicant should look at the landscape plan more critically, there are only trees at the perimeter of the property, which is too spartan for the neighborhood and the site. • The landscape plan has been revised to add an additional large-scale evergreen in the front yard, to the left of the entry walkway. Additional species of screening trees and shrubs have been included in the plantings on the left side property line. More curved shapes have been added to the landscape layout to give the property a more organic, less linear feel. 3. The siding shown appears that it could be extended both vertically and horizontally in some areas to more natural termination points. The applicant has revised the natural cedar siding at the second floor of the front and right side elevations, and on the first and second floors of the rear and left side elevations. 4. The second floor plate heights should be reduced to create less mass and to help the house to better fit in the neighborhood; flat roof does not fit in the neighborhood. • The applicant has not made revisions to the proposed plate heights or the roof style. Design Review Criteria: The criteria for design review as established in Ordinance No. 1591 adopted by the Council on April 20, 1998 are outlined as follows: 1. Compatibility of the architectural style with that of the existing character of the neighborhood; 2. Respect for the parking and garage patterns in the neighborhood; 3. Architectural style and mass and bulk of structure; 4. Interface of the proposed structure with the structures on adjacent properties; and 5. Landscaping and its proportion to mass and bulk of structural components- -3- Design Review and Special Permits 1906 Easton Drive Findings for a Special Permit: In order to grant a Special Permit, the Planning Commission must find that the following conditions exist on the property (Code Section 25.51.020 a -d): (a)The blend of mass, scale and dominant structural characteristics of the new construction or addition are consistent with the existing structure's design and with the existing street and neighborhood; (b) the variety of roof line, facade, exterior finish materials and elevations of the proposed new structure or addition are consistent with the existing structure, street and neighborhood; (c) the proposed project is consistent with the residential design guidelines adopted by the city; and (d) removal of any trees located within the footprint of any new structure or addition is necessary and is consistent with the city's reforestation requirements, and the mitigation for the removal that is proposed is appropriate. Suggested Special Permit Findings (Attached Garage): Based on the findings stated in the attached minutes of the Planning Commission's February 23, 2015, Design Review Study meeting, there is a precedent of attached garages in the neighborhood, and in particular on Easton Drive. The subject property slopes up from the street, which presents difficulties for a design with a detached garage at the rear of the lot. Suggested Special Permit Findings (Declining Height Envelope): Based on the findings stated in the attached minutes of the Planning Commission's February 23, 2015, Design Review Study meeting, the width of the property narrows as it extends from the front property line to the rear property line, which drives the siting of the proposed house. The design results in a minor encroachment of 15 SF (1'-0" x 15'-0") into the Declining Height Envelope on the front, right side of the second floor. The proposed encroachment provides articulation to the second floor wall on that side. While the encroachment could be eliminated by changing the pitch of the roof, the flat roof is architecturally consistent with the contemporary style of the proposed design. In addition, a row of tall -growth evergreen shrubs will be planted along the right side property line to reduce the visual impact of the encroachment for the neighbors. Suggested Special Permit Findings (A Basement with a ceiling height greater than 6'-6" and a direct exit from a basement): Based on the findings stated in the attached minutes of the Planning Commission's February 23, 2015, Design Review Study meeting, in order to meet the height restrictions while at the same time maximizing allowable floor area on this sloped lot, the proposed design includes a basement that will be utilized as living area. The increase in slope on the site from the front to the rear property line means that a direct exit is necessary at the rear of the basement level in order to access the backyard from that living area. Planning Commission Action: The Planning Commission should conduct a public hearing on the application, and consider public testimony and the analysis contained within the staff report. Action should include specific findings supporting the Planning Commission's decision, and should be affirmed by resolution of the Planning Commission. The reasons for any action should be stated clearly for the record. At the public hearing the following conditions should be considered: that the project shall be built as shown on the plans submitted to the Planning Division date stamped March 18, 2015, sheets Al -A7, SF -1 and SF -2, L-1, and Boundary Survey and Topographic Map; that any changes to building materials, exterior finishes, windows, architectural features, roof height or pitch, landscape plan or amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staff); 3. that any changes to the size or envelope of the first or second floors, or garage, which would include adding or enlarging a dormer(s), shall require an amendment to this permit; KIM Design Review and Special Permits 1906 Easton Drive 4. that the conditions of the Engineering Divisions December 23, 2014 and February 11, 2015 memos, the Building Division's December 23, 2014 and February 12,2015 memos, the Parks Division's January 7 and February 12, 2015 memos, the Fire Division's December 23, 2014 memo, and the Stormwater Divisions December 23, 2014 memo shall be met; 5. that any recycling containers, debris boxes or dumpsters for the construction project shall be placed upon the private property, if feasible, as determined by the Community Development Director; 6. that demolition for removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 7, that a building permit shall not be issued until the protected -size trees on site that are scheduled to be removed have Protected -Size Tree Removal Permits approved by the Parks Division 8. that prior to issuance of a building permit for construction of the project, the project construction plans shall be modified to include a cover sheet listing all conditions of approval adopted by the Planning Commission, or City Council on appeal; which shall remain a part of all sets of approved plans throughout the construction process. Compliance with all conditions of approval is required; the conditions of approval shall not be modified or changed without the approval of the Planning Commission, or City Council on appeal; 9. that prior to issuance of a building permit for demolition or construction of the project, the project construction plans shall be modified to include a cover sheet and a landscape plan that lists the Kielty Arborist report, date stamped November 15, 2014, and recommendations; 10. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a single termination and installed on the portions of the roof not visible from the street; and that these venting details shall be included and approved in the construction plans before a Building permit is issued; 11. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; 12. that during demolition of the existing residence, site preparation and construction of the new residence, the applicant shall use all applicable "best management practices" as identified in Burlingame's Storm Water Ordinance, to prevent erosion and off-site sedimentation of storm water runoff; 13. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2013 Edition, as amended by the City of Burlingame; THE FOLLOWING CONDITIONS SHALL BE MET DURING THE BUILDING INSPECTION PROCESS PRIOR TO THE INSPECTIONS NOTED IN EACH CONDITION: 14. that prior to scheduling the framing inspection the applicant shall provide a certification by the project architect or residential designer, or another architect or residential design professional, that demonstrates that the project falls at or below the maximum approved floor area ratio for the property; 15. that prior to scheduling the foundation inspection, a licensed surveyor shall locate the property corners, set the building footprint and certify the first floor elevation of the new structure(s) based on the elevation at the top of the form boards per the approved plans; this survey shall be accepted by the City Engineer; -5- Design Review and Special Permits 1906 Easton Drive 16. that prior to scheduling the framing inspection the project architect or residential designer, or another architect or residential design professional, shall provide an architectural certification that the architectural details shown in the approved design which should be evident at framing, such as window locations and bays, are built as shown on the approved plans; architectural certification documenting framing compliance with approved design shall be submitted to the Building Division before the final framing inspection shall be scheduled; 17. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Division; and 18, that prior to final inspection, Planning Division staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans. Erika Lewit Senior Planner c. Jerry Deal, applicant Attachments: Applicant's Response to Commission's comments, date stamped March 18, 2015 Minutes from the February 23, 2015 Planning Commission Meetings Application to the Planning Commission Special Permit Forms (4 Special Permits requested) Kielty Arborist Report, dated November 15, 2014 Neighbor's Letter, date stamped February 23, 2015 (2 pages) Staff Comments Photographs of the neighborhood Planning Commission Resolution (Proposed) Notice of Public Hearing — Mailed April 3, 2015 Aerial Photo 51 j,,O Mitten Road Suite li)_N Buyl4igame, C '14010 Tele: 65+0-697-1370 F -mail: office((aWealassoeiates.com weltisite' ww N dealassociates.co_m 3-17-2015 Re Response to Planning Commission Continents Project: Wong Residence 1906 Easton Drive Burlingame, CA 94010 kdditjoas i Rem dell; +usti m Hom-Desigtis Interio iTes4mllt.emode;s Siv- %' I almille. Fea;ih'�Iit} stodies Efle-VIV consefilati€fin ' Green Tenani '4711provements 1 OT`s OF BURR INGAME DIV The plans have been revised with respect to almost all requests as noted below: Commissioner wanted to know if we were using a natural cedar siding and preferred stain. A siding sample will be brought to the meeting and will be natural cedar siding with a stain applied. Commissioner concern that all tress will be removed and a perimeter of trees will result. Unfortunately as we stated in the last PC meeting all three pine trees will be removed. The oak tree which has a severe lean onto the adjoining property also will be removed Commissioners has asked that the landscape plan display a more organic feel. The landscape architect has listened to the PC meeting and addressed those comments with a new landscaping plan. Commissioner expressed the desire to have the Caterpillar equipment removed. The equipment in concern has been removed Commissioner expressed a desire to add more detail to the windows in the form of muntin bars. Muntin bars have been added that in the Marvin catalogue are called "prairie style" Several alternatives were looked at before this choice was made Commissioner expressed a desire to extend siding in a couple of places and to eliminate in some to provide a more natural termination point. The natural cedar siding has been added to or eliminated at the following locations: 1. Front elevation, second floor, Bedroom #2, siding was continued upward to the underside of the overhang 2. Rear elevation: Siding was eliminated at the first floor rear of the dining room 3. Left side elevation: Siding was eliminated at the first floor, left side of the dining room 4. Left side elevation: Siding was added to the second floor, left side of Bedroom #2 5. Right side elevation: Siding was added to the second floor, right side of Bedroom # 2 and now extends to the underside of the overhang. Commissioner questioned the void area shown on the first floor bedroom #I The void has been eliminated resulting in a slight loss of a corner in the Garage that does not affect the required parking space Commissioner made a suggestion that a second floor window across from the washer/dryer be added to provide more light and also add a window into the entryway of second floor bedroom #2. ) r 1 Two additional windows have been added to the *htside elevation Commissioner suggested that a cabinet in the kitchen be removed and the long closet in the first floor bedroom #1 could serve as both a coat closet for the entry and a closet for bedroom U. The plans were revised as per these suggestions Commission commented on the "skinny columns" and lack of detail, didn't like the simplicity of the steel and glass guardrail leaving the commissioner "a little cold". Asked for a more detailed railing. Both comments have been addressed by changing and adding a guardrail that carries upward the stone from below along wills a new wood balustrade Commissioner was uncomfortable with the intrusion of the building into the Declining Height Envelope. Another commissioner made a justification for its encroachment to the satisfaction of that commissioner. No changes have been made to encroachment into the DHE Commissioner commented on the second floor ceiling height of 9 feet and suggested it be lowered to 8'. We have chosen to keep the second floor height at 9 feet for the following reasons: A sloped roof with a pitch of 5/12 and a plate height of 8'-1 " actually creates greater bulk than a flat roof with a 91-011plate. See attached drawing as an example. Many times we use the attic as a space to run out HVAC ducts. Of course with a flat roof this is not possible and running the ducts on the roof is objectionable. Our plan was to lower the ceiling to 8 feet in the hallway area, top of stairs and some areas leading to the bedrooms to run our HVAC ducts. With a top plate of 8'-I " these areas would need to have the ceiling height reduced to 7 feet which we find unacceptable. Our consultant which has done the 3D image is trying to replicate as close as possible the new landscape plan but cautions us that it will not be exact. The new 3D image will also show the correct siding and a stain as close as possible to that being contemplated Thank you for your guidance and my client is eagerly waiting to live in his new home. Best Regards, z'i Jerry Deal Principal J Deal & Associates Monday, February 23, 2015 City of Burlingame Meeting Minutes Planning Commission 7:00 PM BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Council Chamber: d. 1906 Easton Drive, zoned R-1 - Application for Design Review for a new, two-story single family dwelling and Special Permits for an attached garage, a basement, and declining height envelope (Jerry Deal, J Deal Associates, applicant and designer; Easton Estates LLC, property owner) (50 noticed) Staff Contact: Erika Lewit Attachments: 1906 Easton Dr- Staff Report 1906 Easton Dr -Attachments Ex -Parte Communications: Commissioner Sargent had a brief text conversation with the contractor, and Commissioner Gum spoke to the neighbors to the left and behind. Visits to Property: All had visited the property. Planning Manager Gardiner provided a bdef overview of the staff report and noted that a received -after communication had been received. Questions of Staff.. > How does the tree removal permit factor in to the process? (Kane: The Planning Commission has jurisdiction when it is part of a development application) Chair Bandrapalli opened the public healing, Jerry Deal represented the applicant, and Frank Wong represented the property owner > Would prefer not to take down trees, but they are infected with bark beetles so will die regardless. Neighbor has asked to retain existing tree to the left, and while it does not have bark beetle is concerned with how far it is leaning. Concerned with pine canker. > Owners are willing to work with neighbors to left on landscaping. > Property is not conducive to a 2 -car garage at back since it narrows to back, and rises. > Special Permits for basement height, and door to basement. > Property slopes, up the hill, so is one of the reasons for the flat roof. Did not want to apply for a variance for the height of the house. Commission questions/comments: > How does flat roof fit into the neighborhood? (Deaf Would need a Special Permit or Variance to have a roof high enough to have a pitch. Suspects it would need to be higher than 36 feet. Style of house is what owners are looking for. Has a lot of articulation, is not a box. Has cascaded it up the hill.) > Not sure the desire to avoid a Special Permit or Variance is justification to have a flat roof > Can support the front garage since the neighboring house will have one too, but does not think the style of the house fits into the neighborhood. Plate heights should be reduced to Bleat otherwise it looks like a ship. Choice of materials, wide fascias, big overhang, skinny columns. House does not fit location. Could be a nice house - is articulated well, massed well. Columns look skinny, and tubed steel and glass rail seems cold. Chy Oraurlingame Page f Printetl on 3/412015 Planning Commission Meeting Minutes February 23, 2015 > Details are critical with this type of architecture. Examples provided in neighbor's letter have the type of details that could allow the house to fit into the neighborhood. > Street has a very woodsy, serene quality. Material choices are important. > Lot sloping up furthers need for plate height to come down. (Deal., Typically with an 8'4" plats height there is a sloped roof above which creates more mass. With flat roof there is not roof mass above so plate height could be higher.) > Proportions of overhang and columns - columns look to spindly compared to the big overhangs. (Deal.., Overhangs are only 24 inches. But can have thicker columns.) > Would look better with wood. Does not specify whether it is stained or painted. (Deal. Rendering shows hamliplank, but was intended to be wood.) > How long have you own the property? (Deal: 2 years). There has not been tree maintenance, and construction equipment has been in carport for a long time. (Wong: Had initially thought would be using construction equipment sooner. Arborist report did not think trees were worth saving.) > Should look at landscape plan more critically. Having trees on perimeter does not seem to fit the pattern of the neighborhood. (Deal: According to the City Arborist, pine trees in this area are not doing well because of pine canker and bark beetle infestation. Trees cannot be saved.) > Landscape plan needs to help house fit into the neighborhood. Should take extra step to fit better into neighborhood, not just trees on perimeter. The example on Drake Avenue has landscaping that fits the neighborhood. (thong: Has been talking with neighbor about trying to keep tree to the left.) > Look and feel of the house does not fit in with the neighborhood. Landscaping seems spartan. > Left side elevation has a blank face of stucco — maybe a small window or something to break up the space. > Window patterns on the Drake Avenue example make the house fit much better for Easton Addition. > Siding on left side terminates arbitrarily. (Deal: Is supposed to give the impression of wrapping around, but doesn't want to have the wood continue all the way across. Would prefer to remove it rather than add more.) > Vertical volume void near Bedroom #1 does not continue all the way up — vertical volume is broken up by the horizontal line. Instead could have volumes with wood all the way to the top, or stucco all the way up. Articulating the volume all the way up could be beneficial to the house. > A window across from the washer/dryer will add natural light and break up the expanse of windowless wall. Could also have a window in the entry of the bedroom. Public comment: Resident, 1320 Drake Avenue, spoke on this application. > Can move the construction equipment. > Trees have been there but are not in good condition. House to the right has problems with pine needles in the gutters, and the grass is dying. Commission discussion: > Applicant should look at material choices, muntin patterns, second floor plate heights, landscaping, and composition of materials horizontally and vertically. > Special Permit - will improve the articulation of the house. > Design of the house has good bones and may be improved, but not sure it fits into the neighborhood. > Needs a more organic feel to fit into the neighborhood. Commissioner Yie made a motion, seconded by Commissioner Loftis, to place the item on the Regular Action Calendar when plans have been revised as directed. The motion was approved by the following vote: Aye: 6 - Bandrapalli, DeMartini, Yie, Loftis, Sargent, and Gum Absent: 1 - Terrones Page 2 Printed on 31412015 COMMUNITY DEVELOPMENT DEPARTMENT • 501 PRIMROSE ROAD s BURLINGAME, CA 94010 p: 650.558.7250 • f: 650.696.3790 • www.burlingame.org APPLICATION TO THE PLANNING COMMISSION Type of application: 12) Design Review ❑ Variance ❑ Parcel #: 026-063-110 ❑ Conditional Use Permit ❑ Special Permit ❑ Other: PROJECTADDRESS: 1906 EASTON DRIVE APPLICANT project contact person® OK to send electronic copies of documents 14 Name: J DEAL ASSOCIATES Address: 337 BEACH ROAD, SUITE A City/State/Zip: BURLINGAME, CA, 94010 Phone: (650) 697 -1370 Fax: E-mail: office@jdealassociates.com ARCHITECTIDESIGNER project contact person H OK m send electronic copies of documents IR Name: J DEAL ASSOCIATES Address: 337 BEACH ROAD, SUITE A City/State/Zip: BURLINGAME, CA, 94010 Phone: (650)697-1370 Fax: E-mail: office@jdealassociates.com it Burlingame Business License #: 05755 PROPERTY OWNER project contact person ❑ OK to send electronic copies of documents 0 Name: KINSON WONG , 6S4vn 6fAa e LLC, Address: 1906 EASTON DRIVE City/State/Zip: BURLINGAME, CA, 94010 Phone: Fax: E-mail: kinsonkwong@gmail.com, frankbwong@gmail.com PROJECT DESCRIPTION: New Two Story wl Basement Residence & attached Garage n; #% ( t s r €..�tg -;= tP.UPILINOf'ME "5, Nmtvc, DIV. AFFADAVIT/SIGNATURE: I here y certify under penalty of perjury that the information given herein is true and correct to the best of my knowledge and bell Applicant's signature: Date: ► I am aware of the proposed applicatioail nd herreebb� orize the above applicant to submit this application to the Planning Commission. � Property owner's signature: Date• Date submitted: ,t Verification that the project architecNdesigner has a valid Burlingame business license will be required by the Finance Department at the time application fees are paid. 5 1 HANDOUr51PC Application. dm SPECIAL PERMU APPLICATION - MY OF BURLINGAME Wong Residence 1906 Easton Drive Burlingame, CA. Special permit for an attached garage for a single-family dwelling unit. Explain why the blend ofmass, scale and dominant structural characteristics of the new construction or addition are consistent with the existing structure's design and with the existing street and neighborhood This is a new residence and the existing carport which is only 12'-6" from the front property line is being removed. The new residence will have a new parking space which has a minimum setback of 26'-4", will now be enclosed and conforms to the City of Burlingame parking standards Explain how the variety of roof line, facade, exterior finish materials and elevations ofthe proposed new structure or addition are consistent with the existing structure, street and neighborhood. The garage matches the style of the main dwelling and is consistent with the eclectic character of the neighborhood. The "flat roof' which is sloped for drainage ensures that the maximum allowable height is not exceeded. T How will the proposed project be consistent with the residential design guidelines adopted by the city (CS 25.57)? The existing neighborhood as many are in Burlingame, is composed of an eclectic mix of designs. The dwelling as proposed is one that will fit in well with the neighborhood and the sloping site. Explain how the removal of any trees located within the footprint of any new structure or addition is necessary and is consistent with the city's reforestation requirements. What mitigation is proposed for the removal of any trees? Explain why this mitigation is appropriate. Two very large pine trees are to be removed which are in the footprint of the new dwelling. An arborist report has been submitted. The property will be reforested to the City of Burlingame requirements and much more. SPECIAL PERMrf APPLICATION - CITY OF BMINGAME Wong Residence 1906 Easton Drive Burlingame, CA. Special permit for Construction exceeding the limits of the declining height envelope; Explain why the blend ofmass, scale and dominant structural characteristics of the new construction or addition are consistent with the existing structure's design and with the existing street and neighborhood The second floor of the new residence has a setback along the left side of 9'-8" and a setback along the right side of 10'-6". The lot width at this location is 45'-0". The combined setbacks are almost as wide as the second floor addition. There are 20'-2" of setbacks for a second floor that is 24'-10" wide. Clearly the slope of the lot creates this situation. The encroachment is along the right side of the new dwelling and has a setback of 10'-6" to the side property line 2 Explain how the variety of roof line, facade, exteriorjinish materials and elevations of the proposed new structure or addition are consistent with the existing structure, street and neighborhood Easton Drive is a mix of eclectic designs many of which are not influenced by having a sloping uphill lot. This puts additional demands on the dwelling to stay under the 30 foot maximum height above the average of the top of curb. Because of this situation a flat roof is being proposed and the design of the dwelling relates well to it. How will the proposed project be consistent with the residential design guidelines adopted by the city (C. S. 25.57)? The existing neighborhood as many are in Burlingame, is composed of an eclectic mix of designs. The dwelling as proposed is one that will St in well with the neighborhood and the sloping site. 4 Explain how the removal of any trees located within the footprint of any new structure or addition is necessary and is consistent with the city's reforestation requirements. What mitigation is proposed for the removal of any trees? Explain why this mitigation is appropriate. Two very large pine trees are to be removed which are in the footprint of the new dwelling. An arborist report has been submitted. The property will be reforested to the City of Burlingame requirements and much more. SPECIAL PERMrr APPLICATION - MY OF BURLINGAME Wong Residence 1906 Easton Drive Burlingame, CA. Special permit for a basement with any interior ceiling height of six and one-half (6 1/2) feet or greater; Explain why the blend ofmass, scale and dominant structural characteristics of the new construction or addition are consistent with the existing structure's design and with the existing street and neighborhood The existing carport within the front setback is to be removed and a new garage complying with setback requirements is being proposed. Due to the slope of the lot a detached garage in the rear30% of the lot is not feasible resulting in a loss of possible living space. The basement makes up for that shortcoming. In order viable living space the ceiling height must be greater than 6 112 feet and is proposed to be 9'-0". Explain haw the variety ofroofline, facade, exteriorfinish materials and elevations ofthe proposed new structure or addition are consistent with the existing structure, street and neighborhood Easton Drive is a mix of eclectic designs many of which are not influenced by having a sloping uphill lot. This puts additional demands on the dwelling to stay under the 30 foot maximum height above the average of the top of curb. Because of this situation a flat roof is being proposed and the design of the dwelling relates well to it. How will the proposed project be consistent with the residential design guidelines adopted by the city (C. S. 25.57)? The existing neighborhood as many are in Burlingame, is composed of an eclectic mix of designs. The dwelling as proposed is one that will fit in well with the neighborhood and the sloping site. Explain haw the removal of any trees located within the footprint of any new structure or addition is necessary and is consistent with the city's reforestation requirements. What mitigation is proposed for the removal of any trees? Explain why this mitigation is appropriate. Two very large pine trees are to be removed which are in the footprint of the new dwelling. An arborist report has been submitted. The property will be reforested to the City of Burlingame requirements and much more. SPECIAL PERMIT APPLICATION - CTI'Y OF BURLINGAME Wong Residence 1906 Easton Drive Burlingame, CA. Special permit for a) A direct exit from abasement to the exterior of the structure that is anything other than a light or window well; A direct exitfrom the basement / media -exercise room, provides a means to connect the only useable outdoor space to a valuable interior space Explain why the blend ofmass, scale and dominant structural characteristics of the new construction or addition are consistent with the existing structure's design and with the existing street and neighborhood The mass of the building is reduced by allowing a basement to increase useable floor area Explain how the variety of roof line, facade, exterior finish materials and elevations of the proposed new structure or addition are consistent with the existing structure, street and neighborhood Easton Drive is a mix of eclectic designs many of which are not influenced by having a sloping uphill lot. This puts additional demands on the dwelling to stay under the 30 foot maximum height above the average of the top of curb. Because of this situation a flat roof is being proposed and the design of the dwelling relates well to it. How will the proposed project be consistent with the residential design guidelines adopted by the city (C. S. 25.57)? The existing neighborhood as many are in Burlingame, is composed of an eclectic mix of designs. The dwelling as proposed is one that will fit in well with the neighborhood and the sloping site. Explain how the removal ofany trees located within the footprint ofany new structure or addition is necessary and is consistent with the city's reforestation requirements. What mitigation is proposed for the removal ofany trees? Explain why this mitigation is appropriate. Two very large pine trees are to be removed which are in the footprint of the new dwelling. An arborist report has been submitted. The property will be reforested to the City of Burlingame requirements and much more. Date: To: From: Project Comments December 19, 2014 0 Engineering Division (650) 558-7230 0 Building Division (650) 558-7260 X Parks Division (650) 558-7334 Planning Staff 0 Fire Division (650) 558-7600 0 Stormwater Division (650) 342-3727 0 City Attorney (650) 558-7204 Subject: Request for Design Review and Special Permit for a new two-story house with basement at 1906 Easton Drive, zoned R-1, APN: 026-063-110 Staff Review: December 22, 2014 Site Plan needs to include major trees and shrubs. Indicate if any trees are to be removed. Include arborist report on plans. 3� Include new Eucalyptus citriodora in City Planter Strip to replace eucalyptus that was removed. 4. No existing tree over 48 inches in circumference at 54 inches form base of tree may be removed without a Protected Tree Permit from the Parks Division. (558-7330) 5. Landscape plan is required to meet `Water Conservation in Landscape Regulations", Irrigation Plan required for Building permit. Audit due for Final. -=6 Acer palmatum "Dissectum" not considered privacy trees as indicated on plans_ Replace with trees that will grow to an appropriate height to screen neighbors. � 7) Neighbors on west side of property will be concerned about privacy and tree placement. Consider adding Quercus (suber) to west side landscape. Reviewed by: B Disco Date: 1/7/15 To: 0 Engineering Division (650) 558-7230 X Building Division (650) 558-7260 0 Parks Division (650) 558-7334 From: Planning Staff 0 Fire Division (650) 558-7600 0 Stormwater Division (650) 342-3727 0 City Attorney (650) 558-7204 Subject: Request for Design Review for a new, two-story dwelling and special permits for an attached garage and basement at 1906 Easton Drive, zoned R-1, APN: 026-063-110 Staff Review: Revised plans date stamped January 23, 2015 No further comments. All conditions of approval as stated in the review dated 12-23-2014 will apply to this project. Reviewed by From: Planning Staff Subject: Request for Design Review and Special Permit for a new two-story house with basement at 1906 Easton Drive, zoned R-1, APN: 026-063-110 Staff Review: December 22, 2014 1) On the plans specify that this project will comply with the 2013 California Building Code, 2013 California Residential Code (where applicable), 2013 California Mechanical Code, 2013 California Electrical Code, and 2013 California Plumbing Code, including all amendments as adopted in Ordinance 1889. Note: If the Planning Commission has not approved the project prior to 5:00 p.m. on December 31, 2013 then this project must comply with the 2013 California Building Codes. 2) Specify on the plans that this project will comply with the 2013 California Energy Efficiency Standards. Go to http://www.energy.ca.gov/title24/2013standards/ for publications and details. 3) Provide two completed copies of the attached Mandatory Measures with the submittal of your plans for Building Code compliance plan check. In addition, replicate this completed document on the plans. Note: On the Checklist you must provide a reference that indicates the page of the plans on which each Measure can be found. Place the following information on the first page of the plans: "Construction Hours" Weekdays: 7:00 a.m. — 7:00 p.m. Saturdays: 9:00 a.m. — 6:00 p.m. Sundays and Holidays: 10:00 a.m. — 6:00 p.m. (See City of Burlingame Municipal Code, Section 13.04.100 for details.) Construction hours in the City Public right-of-way are limited to weekdays and non -City Holidays between 8:00 a.m. and 5:00 p.m. Note: Construction hours for work in the public right of way must now be included on the plans. 5) On the first page of the plans specify the following: "Any hidden conditions that require work to be performed beyond the scope of the building permit issued for these plans Project Comments Date: December 19, 2014 To: 0 Engineering Division 0 Fire Division (650) 558-7230 (650) 558-7600 X Building Division 0 Stormwater Division (650) 558-7260 (650) 342-3727 0 Parks Division 0 City Attorney (650) 558-7334 (650) 558-7204 From: Planning Staff Subject: Request for Design Review and Special Permit for a new two-story house with basement at 1906 Easton Drive, zoned R-1, APN: 026-063-110 Staff Review: December 22, 2014 1) On the plans specify that this project will comply with the 2013 California Building Code, 2013 California Residential Code (where applicable), 2013 California Mechanical Code, 2013 California Electrical Code, and 2013 California Plumbing Code, including all amendments as adopted in Ordinance 1889. Note: If the Planning Commission has not approved the project prior to 5:00 p.m. on December 31, 2013 then this project must comply with the 2013 California Building Codes. 2) Specify on the plans that this project will comply with the 2013 California Energy Efficiency Standards. Go to http://www.energy.ca.gov/title24/2013standards/ for publications and details. 3) Provide two completed copies of the attached Mandatory Measures with the submittal of your plans for Building Code compliance plan check. In addition, replicate this completed document on the plans. Note: On the Checklist you must provide a reference that indicates the page of the plans on which each Measure can be found. Place the following information on the first page of the plans: "Construction Hours" Weekdays: 7:00 a.m. — 7:00 p.m. Saturdays: 9:00 a.m. — 6:00 p.m. Sundays and Holidays: 10:00 a.m. — 6:00 p.m. (See City of Burlingame Municipal Code, Section 13.04.100 for details.) Construction hours in the City Public right-of-way are limited to weekdays and non -City Holidays between 8:00 a.m. and 5:00 p.m. Note: Construction hours for work in the public right of way must now be included on the plans. 5) On the first page of the plans specify the following: "Any hidden conditions that require work to be performed beyond the scope of the building permit issued for these plans may require further City approvals including review by the Planning Commission." The building owner, project designer, and/or contractor must submit a Revision to the City for any work not graphically illustrated on the Job Copy of the plans prior to performing the work. 6) Anyone who is doing business in the City must have a current City of Burlingame business license. 7) Provide a fully dimensioned site plan which shows the true property boundaries, the location of all structures on the property, existing driveways, and on-site parking. 8) Due to the extensive nature of this construction project the Certificate of Occupancy will be rescinded once construction begins. A new Certificate of Occupancy will be Issued after the project has been finaled. No occupancy of the building is to occur until a new Certificate of Occupancy has been issued. 9) Provide a complete demolition plan that includes a legend and indicates existing walls and features to remain, existing walls and features to be demolished, and new walls and features. NOTE: A condition of this project approval is that the Demolition Permit will not be Issued and, and no work can begin (including the removal of any building components), until a Building Permit has been issued for the project. The property owner is responsible for assuring that no work is authorized or performed. 10) When you submit your plans to the Building Division for plan review provide a completed Supplemental Demolition Permit Application. NOTE: The Demolition Permit will not be issued until a Building Permit is issued for the project. 11) Show the distances from all exterior walls to property lines or to assumed property lines 12) Show the dimensions to adjacent structures. 13) Obtain a survey of the property lines. 14) Rooms that could be used for sleeping purposes must have at least one window or door that complies with the egress requirements. Specify the location and the net clear opening height and width of all required egress windows on the elevation drawfn s. 2013 California Residential Code (CRC) §R310. 5) ndicate on the plans that, at the time of Building Permit application, plans and engineering will be submitted for shoring as required by 2013 CBC, Chapter 31 regarding the protection of adjacent property and as required by OSHA. On the plans, indicate that the following will be addressed: a. The walls of the proposed basement shall be properly shored, prior to construction activity. This excavation may need temporary shoring. A competent contractor shall be consulted for recommendations and design of shoring scheme for the excavation. The recommended design type of shoring shall be approved by the engineer of record or soils engineer prior to usage. b. All appropriate guidelines of OSHA shall be incorporated into the shoring design by the contractor. Where space permits, temporary construction slopes may be utilized in lieu of shoring. Maximum allowable vertical cut for the subject project will be five (5) feet. Beyond that horizontal benches of 5 feet wide will be required. Temporary shores shall not exceed 1 to 1 (horizontal to vertical). In some areas due to high moisture content / water table, flatter slopes will be required which will be recommended by the soils engineer in the field. c. If shoring is required, specify on the plans the licensed design professional that has sole responsibility to design and provide adequate shoring, bracing, formwork, etc. as required for the protection of life and property during construction of the building. d. Shoring and bracing shall remain in place until floors, roof, and wall sheathing have been entirely constructed. e. Shoring plans shall be wet -stamped and signed by the engineer -of -record and submitted to the city for review prior to construction. If applicable, include surcharge loads from adjacent structures that are within the zone of influence (45 degree wedge up the slope from the base of the retaining wall) and / or driveway surcharge loads. `16)I icate on the plans that an OSHA permit will be obtained for the shoring* at the excavation in the basement per CAL / OSHA requirements. See the Cal / OSHA handbook at: httr)://www.ca-osha.comlpdfoubs/osha userauide.pdf * Construction Safety Orders : Chapter 4, Subchapter 4, Article 6 , Section 1541.1. 17) Indicate on the plans that a Grading Permit, if required, will be obtained from the Department of Public Works. 18) Provide guardrails at all landings. NOTE: All landings more than 30" in height at any point are considered in calculating the allowable lot coverage. Consult the Planning Department for details if your project entails landings more than 30" in height. 19) Provide handrails at all stairs where there are four or more risers. 2013 CBC §1009. 20) Provide lighting at all exterior landings. NOTE: A written response to the items noted here and plans that specifically address items 4, 15, and 16 must be re -submitted before this project can move forward for Planning Commission action. The written response must include clear direction 2013 CALIFORNIA GREEN BUILDING CODE RESIDENTIAL CHECKLIST New residential buildings must be designed to include the Green Building mandatory measures specified in this checklist. These Green Building mandatory measures also apply to additions or alterations o existin residential buildin s where the addition or alteration increases the buildings conditioned area, volume, or size. These requirements apply only to the specific area of addition or alteration. Vic- ,_ ` ED Building Permit Number: i -C l 8 201& Site Address: MOO EASTON DRIVE PURLINvNIM.E '�ANJMNG DIV In the column labeled "Plan Reference" WT AI_I AVM= MiAN specify wnere eacn measure can be found on the plans. Green Building Measure Plan Reference A plan has been developed,and will be implemented, to manage storm water drainage during SHT SMP construction. CGC §4,106.2 & §4.106.3 SHT N-3, NOTE M/AM 2013 Energy Code performance compliance documentation must be provided in 8-1/2" X 11" format and must be replicated on the plans. SHEET T24 ATTACHMENT Walls with 2 X 6 and larger framing require R-19 insulation §150.0 (c) 2 N/A *1 Hot water piping insulation §150.0 (j) 2 A ii SWT N-3, NOTE 11B01 Lighting — new mandatory requirements for indoor rooms. §150.0 (k) BHT N-3, NOTE M/Bn *2 Duct insulation (R-6) required §150.0 (m) 1 BHT N-3, NOTE M/503 Duct leakage testing — 6% w/o air handler and 4% with air handler §150.0 (m) 11 BHT N-3, NOTE M/1344 Return duct design/fan power, airflow testing, and grill sizing requirements §150.0(m)13 BIT N-3, NOTE MB5 Water heating —120 volt receptacle < 3 ft., Cat III or IV vent, and gas supply line capacity of at least 200,000 Btu / hour §150.0 (n) WT N-3, NOTE MB Kz New third -party HERS verification for ventilation and indoor air quality §150.0 (o) BHT N-3, NOTE MBh New mandatory Ll -factor (0.58) for fenestration and skylights §150.0 (q) BHT N-3, NOTE MB18 Luminaire efficiency levels 2013 California Energy Code Table 150.0 B BHT N-3, NOTE MBS' Refrigerant charge verification for ducted package units, mini -splits, and other units §150.1(c) 7 WA *3 Radiant barrier now required in Climate Zone 3 §150.1 (c) 2 *4 BWT N-3, NOTE MBMI Reduce U -factor (0.32) and SHGC (0.25) for high performance windows §150.1(c) 3 A BHT N-3, NOTE MBMP Green Building Measure Plan Reference WATE& EFFICIENCY ANT} CtfN5�lt`U'A7[t�l (21123'C6C §43) � : . ,�.. Plumbing fixtures (water closets and urinals) will comply with the following: 1. The effective flush volume of all water closets will not exceed 1.28 gal/ flush. SHT N-3, NOTE M/CM 2013 CGC §4.303.1.1 2. The effective flush volume of urinals will not exceed 0.5 gal/ flush. 2013 CGC §4.303.1.2 WA *5 The fittings for faucets and showerheads will have all required standards listed on the plans; SHT N-3, NOTE M/C 1.5 GPM for faucets and 2.0 GPM for showers. 2013 CGC §4.303.1.3 and 2013 CGC §4.303.1.4 15,14, 15 An automatic irrigation system controller for landscaping will be provided by the builder and SLIT N-3, NOTE M/C installed at the time of final inspection, 2013 CGC §4.304.1 K, ENI�EIY.IIlTY AINf} i�I� if�i�fKt�E;,(20i3-t`fiC§�:�6J. F Annular spaces around pipes, electric cables, conduits or other openings in sole/bottom plates at exterior walls will be rodent -proofed by closing such openings with cement mortar, concrete SHT N-3, NOTE M/A masonry, or similar method acceptable to the enforcing agency. 2013 CGC §4.406.1 �li73i�fUfIAI iNtiISFE ii�Ql, �N� i3($i+E3�ALe.A�i{R kECI!CEi1+1�,Ij'�.�fG=§�4:� . "`. A minimum of 60% of the non -hazardous construction and demolition waste generated atthe site will be diverted to an offsite recycle, diversion, or salvage facility per City of Burlingame SHT N-3, NOTE M/A 02 Ordinance # 1704 and 2013 CGC §4.408 An operation and maintenance manual will be provided to the building occupant or owner. 2013 SHT N-3, NOTE M/A CGC §4.410.1 ry nw- 77777777777 Any gas fireplaces will be direct -vent, sealed -combustible type. 2013 CGC §4.503,1 SHT N-3, NOTE M/D0l Any wood stove or pellet stove will comply with US EPA Phase II emission limits. 2013 CGC §4.503.1 N/A 1 77_<, Pfiti:ffi1ITQAITR{it CCa34.SII47777777 At the time of rough installation, during storage on the construction site, and until final startup of the heating, coolingand ventilating equipment, all duct and other related air distribution SHT N-3,NOTE M/E components openings will be covered with tape, plastic, sheet metals, or other methods of acceptable to the enforcing agency to reduce the amount of water, dust, or debris that may enter the system. 2013 CGC §4.504.1 Adhesives, sealants, and caulks used on the project shall follow local and regional air pollution SW N-3, NOTE M/E or air quality management district standards. 2M3CGC §4.504.2.1 + 1 Paints and coatings will comply with VOC limits per CGC §4.504.2.2 SHT N-3, NOTE M/E42 Aerosol paints and coatings will meetthe Product -weighted MIR limits for ROC and other requirements.2013CGC §4.504.2.3 SHT N-3, NOTE M/E3 Documentation provided verifies compliance with VOC finish materials. 2013 CGC §4.504.2.4 SHT N-3, NOTE M/E$ Carpet system installed in the building interior will meet the testing and product requirements found in the 2013 California Green Building Code. 2013 CGC §4.504.3 SHT N-3, NOTE MiE IE Where resilient flooring is installed, at least 80% of the floor area receiving resilient flooring will comply with the California Green Building Code requirements. 2013 CGC §4.504.4 ENT N-3, NOTE M/E� Hardwood plywood, particleboard, and medium densityfiberboard composite wood products used on the interior and exterior of the building will comply with the low formaldehyde emission SWT N-3, NOTE M/E"1 standards. 2013 CGC §4.504.5 Green Building Measure Plan Reference INTERIOR MOISTURE CONTROL (2013 CGC §4.505) A capillary break will be installed if a slab on grade foundation system is used. The use of a 4° thick base of%" or larger clean aggregate under a 6 mil vapor retarder with joint lapped not less than 6" will be provided unless an engineered design has been submitted and approved by the Building *7 Division. 2013 CGC §4.505.2 and California Residential Code (CRC) §11506.23 Building materials with visible signs of water damage will not be installed. Wall and floor framing will not be enclosed when the framing members exceed 19% moisture content. SHT N-3, NOTE M / F Moisture content will be verified priorto finish material being applied. 2013 CGC §4.505.3 g.. , . 1NE t1ki9, >0 01U A"Oo AiIS' Ow000* .506 = - _- Exhaust fans that are ENERGY STAR -compliant, ducted and that terminate outside the building will be provided in every bathroom. 2013 CGC §4.506.1 Unless functioning as a component of a whole -house ventilation system, fans must be ST N-3, NOTE M / G controlled by a humidistat. 2013 CGC §4.506.1 :,fN4fIRTAL COMFORT (CGC §4.507) The heating and air-conditioning system will be sized, designed and have their equipment selected using the following methods: 1. Heat Loss/Heat Gain values in accordance with ANSI/ACCA 2 Manual J-2004 or equal; 2. Duct systems are sized according to ANSI/ACCA 1, Manual D-2009 or equivalent; NIT N-3, NOTE M / H 3. Select heating and cooling equipment in accordance with ANSI/ACCA3, Manual S-2004 or equivalent. 2013,CGC §4{..(5;007n�+ .7.s�3 .�'_'•.�__a;u-:<'Z, aY 3.. HVAC system installers will be trained and certified in the proper installation of HVAC systems and equipment by a recognized training/certification program. 2013 CGC §702.1 6HT N-3, NOTE M / 04 NOWy Upon request, verification of compliance with this code may include construction documents, plans, specifications, builderor installer certification, inspection reports, or other methods acceptable to SHTN-3,NOTE M/A the Building Division that will show substantial conformance with the 2013 Code requirements. 2013 CGC §703.1 itesponslE+Ieigneiicrt�rL ;=afarn5t T' I hereby certify that this project has been designed to I hereby certify, as the builder or installer, under permit meet the requirements of the 2013 Green Building listed herein, that this project will be constructed to Code. meet the requirements of the 2013 Green Building Code. Name: i DEAL ASSOCIATES Name: Address: 331 BEACH RD, SUITE A Address: City/State/Zip Code BURLINGAME, CA , 54olo City/State/Zip Code Signature: Signature: Date: Date: 3 GREEN BUILDING MEASURE NOTES: (SHEET N-3 TO BE PROVIDE DURING: BUILDING PERMIT PROCESS) *1 - THERE IS NO 2x6's PERIMETER STUDWALL USED ON THIS PROJECT *2 - SEE ELECTRICAL PLAN *3 - NOT APPLICABLE TO THIS PROJECT *4 - SEE DETAIL 3/A-6 *5 - THERE 15 NO URINAL FLUMBING UNIT PROVIDED *5 - THERE IS NO STOVE PROVIDED IN THIS PROJECT *7 - NOT APPLICABLE TO THIS PROJECT - NO NEW CONC SLAB A GEOTECHNICAL INVESTIGATION for the PROPOSED RESIDENCE on the EASTON ESTATES LLC PROPERTY 1906 EASTON DRIVE BURLINGAME, CALIFORNIA by PGSoils, Inc. 901 Rose Court Burlingame, California October 2013 D 2;114 O-SUM-INIGAME =�.: f.7 -P1 AFiNING DIV PGSoiis, Inc. 901 Rose Cutin Burlin.-amc. CA 94010 _._..----__.-.----- (650)347-3934 (650) 344-6772 (Fax) Sob: 1357 October 31, 2013 Easton Estates LLC (Attn: Flannan Lum) 631 Kearny Street San Francisco, CA 94108 Subject: GEOTECHNICAL INVESTIGATION Proposed Residence 1906 Easton Drive Burlingame, California Dear Mr, Lum: In accordance with your authorization performed a geotechnical investigation the Easton Estates LLC property at 190 California. This report summarizes ou and provides recommendations related t the project. Paul A Grishakr, P.E., Principal Comulrnrg Soils Ehghieerh?.- Services of October 14, 2013, we have for the proposed residence on 6 Easton Drive in Burlingame, r findings and conclusions, o the geotechnical aspects of It is proposed to demolish the existing house, shed, and carport on the property. No plans were available to us at this time. However, we understand that it is proposed to construct a two-story wood -frame residence with a lower level/basement garage on the lot. Building loads for this structure are expected to be light to moderate which is typical for wood -frame construction. The lot slopes downward from the back to the front of the lot, and it is planned to make a cut into the ground that is increasingly higher toward the rear for the lower level garage. Retaining walls are anticipated to be constructed around the upslope sides of the garage area that may be up to about 8 feet high. It is expected that the new garage floor, sidewalks, porch and patio areas will be comprised of concrete slabs. The new driveway may have a concrete paver surface. Site grading is expected to consist of the excavation of the lower level garage area. Our services included an initial visit to the property on October 4, 2013. We returned to the site on October 21, 2013 to drill two test borings. The soil materials were sampled during the drilling and written logs of the materials encountered were generated. Laboratory testing was performed on the samples that we obtained. We assessed the site and subsurface conditions in relation to the proposed construction to prepare our geotechnical recommendations. Finally, we prepared this written report. Job: 1357 October 31, 2013 The subject property is a trapezoidally-shaped residential lot located along the northwest side of Easton Avenue in Burlingame, California (See Figure 1 - Vicinity Map). The property encompasses approximately 5500 square feet of land. It is relatively level in the front and back yards. Between these two levels, the ground slopes upward at a gentle to moderate slope from the front to the back. Most of this sloping area is terraced with low rock walls. The lot is occupied by a one story house and detached shed in the rear portion of the lot, and a detached carport along the front of the property. The driveway has an asphalt and gravel surface. The carport floor is comprised of a concrete slab. There are rock and concrete stepping stone walkways and a flagstone covered patio. Landscaping on the property consists of shrubs and trees. On October 21, 2013, two test borings were drilled on the property at the approximate locations shown on the Site Plan (See Figure 2 - Site Plan). The test borings were drilled with truck -mounted, and portable ("Minuteman"), rigs using continuous flight augers. The test borings were drilled to depths of 14.1 and 12.5 feet below the existing ground surface. During the drilling of the test borings, selected subsurface samples were obtained by driving a 3.0 -inch diameter (Modified California) sampler into the undisturbed soil mass using 140 and 70 pound hammers freely falling 30 inches. The locations of the samples and descriptions of the soil materials encountered are shown on the Logs of Test Borings (Figures 3 & 4). The number of blows required to drive the sampler into the undisturbed soil mass has been converted to an approximate equivalent number of blows that would be required to drive a Standard Penetration Test sampler one foot into the same materials using a 140 -pound hammer. The number of blows is shown on the Test Boring Logs under the "Penetration Resistance" column. After the field work, the samples obtained were delivered to a soils laboratory for selective testing. The tests performed included determinations of in-place density, moisture content, and strength. The results of these tests are shown on the Logs of Test Borings. The materials found in Test Boring 1 in the front yard included an upper layer of hard Sandy CLAY with some organics down to a depth Of 4.1 feet. This is underlain by medium dense Silty and Clayey SAND with some gravel and rock fragments down to the bottom of the test boring at 14.1 feet. -2- Job: 1357 October 31, 2013 The subsurface materials encountered in Test Boring 2 in the back yard included an upper layer of medium dense Silty Fine SAND with some organics down to a depth of 1.5 feet. It is underlain by very stiff Sandy CLAY with some gravel down to 3.5 feet. Below this, medium dense Silty and Clayey SAND with gravel and rock fragments was found down to a depth of 7.0 feet. Then, very stiff/medium dense to dense Sandy CLAY/Clayey SAND with gravel and rock fragments were found down to the bottom of the test boring at 12.5 feet. No groundwater was encountered in the test borinqs. Most of the soils encountered are very stiff to hard, and medium dense to dense, such that the potential for significant consolidation of these underlying soils is low under the anticipated building loads. The upper clayey soils may be considered to be at least moderately expansive. (Expansive soils swell when wetted and shrink when they dry.) The site is geologically mapped as being underlain by the "Colma Formation". This formation includes sandy clay, silty sand, and gravel. The site lies about 2.2 miles northeast of the San Andreas Fault Zone, 9.2 miles northeast of the San Gregorio Fault, and about 16.5 miles southwest of the Hayward Fault. These are considered to be active fault zones. Strong to very strong ground shaking must be expected at the site from significant seismic activity emanating from these fault zones during the life of the proposed residence. The intensity of the shaking at the site will be dependent upon the actual earthquake magnitude, distance from the epicenter, and the subsurface materials underlying the site. No fault traces are mapped through the site, and therefore, ground surface rupture is not likely. The site area is mostly level to gently sloping, and there are no nearby unsupported creek channels, such that a slope failure or lateral spreading at the site is not likely to take place during a strong earthquake. Most of the granular soils encountered in the test borings were found to be medium dense to dense, they contain clay, and no groundwater was encountered, such that it is our opinion that the potential for liquefaction at this site is low. The subsurface materials at this site may be assumed to be in site Class "D", as described in the 2010 California Building Code. The site latitude is 37.58296 degrees and the longitude is -122.37188 degrees. This results in Spectral Accelerations of Ss = 2.088, S1 = 1.142, SMs = 2.088, SMI = 1.713, SDs = 1.392, SDI = 1.142, and Site Coefficients of Fa = 1.0 and Fv = 1.5. -3- Job: 1357 October 31, 2013 The site is geotechnically suitable for the construction of the proposed residence provided the recommendations contained in this report are included in the design and carried out during the construction. Our recommendations for site preparation and earthwork, the design of foundations and retaining walls, concrete slabs, and drainage are presented in subsequent sections of this report. The preparation of the site will involve the stripping and removal of the existing structures, pavements, utility lines, debris, vegetation, organic topsoil, and deleterious materials in the new building and pavement areas. Any disturbance to the ground as a result of the clearing operations should be properly backfilled using the native soil, or approved import soil. The soil should be moisture -conditioned as necessary, and then compacted to a Minimum Relative Compaction of not less than 90% of the Maximum Dry Density as determined by ASTM Test Procedure D1557. In consideration of the ground disturbance during the removal of the existing structures and their foundations, it is recommended that the surface of the subgrade soil after stripping, or the depth of ground disturbed during the demolition, whichever is deeper, in the new building, driveway, and all new slab areas should be recompacted prior to the excavation of footings and the placement of the gravel base and concrete slabs. The extent of any additional soil recompaction should be further reviewed during the construction by the project geotechnical engineer. It is expected that the new lower level/basement garage excavation will be located about 8 feet below the existing grade. Based on our test borings, groundwater will not be encountered in this depth range. The sails that will be exposed along the sides of the excavation will include very stiff clayey soils and medium dense to dense sandy/gravely soil layers. It is likely that most of these soils will stand up vertically (on a temporary basis) while the basement walls are constructed. However, portions of the sandy soil layers may be more prone to sloughing. Therefore, the contractor should be prepared to shore the sides or slope back the sides until the lower level retaining walls are completed. As a minimum, the upper half of the excavation may be sloped back at a gradient of approximately 1:1 (Horizontal to Vertical), while the bottom portion of the excavation may be cut vertical. (This does not preclude the need for sloping the sides to a less steep gradient or shoring during construction.) Alternatively, the sides of the excavation may be shored prior to the excavation. -4- Job: 1357 October 31, 2013 The excavation work should comply with the City of Burlingame ordinances and Cal -OSHA safety regulations. The contractor must be responsible for site safety of the excavation until the lower level/ basement retaining walls are completed. Fill soil should be placed in lifts no thicker than 6 inches (loose thickness before being compacted), moisture -conditioned as needed, and then properly compacted. ("Moisture -conditioning" may involve the addition of water if the soil is too dry, or drying the soil if it is too wet when the compaction work is performed.) All fills and utility trench backfills should be compacted to the same standard indicated above. The native soils may be used as fill material provided that they are free of organics, deleterious materials, and rocks larger than 3 inches in size. Trench backfill should consist of the native soil and rock materials. If imported fill soil is required, it should be of good quality (equal to or better than the native soils) that is preferably granular, relatively non -expansive, and is free of deleterious materials. Predominantly clayey fill soil should be avoided if possible. Prior to its use on the site, all import soil should be submitted to our office for inspection, testing (as necessary), and final approval for use on the site. 101161110 4D W0111AWY•R The soils at the depth of the bottom of the anticipated lower level/ basement garage (roughly about 2 to 8 feet below the existing ground surface) will provide adequate support for the new foundation. we advise that the exposed surface at the bottom of the lower level/ basement excavation be compacted to provide a firm surface upon which to construct the new floor slab. The building foundation may consist of a thickened, reinforced mat slab that is connected to the perimeter retaining walls. The mat slab should be a minimum of 12 inches thick. The mat slab should be embedded a minimum of 18 inches below the lowest adjacent ground surface. This depth recommendation may require that a perimeter turned -down edge be provided for the mat slab along the front of the house. The mat slab may be designed for an allowable bearing capacity of 2000 psf for Dead plus Live Loads. This may be increased by one third for wind and seismic loads. The mat slab should be underlain by a 6 -inch thick gravel base layer (such as 3/4 -inch crushed rock) Settlements for a mat slab that imposes the recommended allowable bearing pressure are estimated to be less than 1/2 inch at the corners and less than 1 inch in the middle. -5- Job: 1357 october 31, 2013 The weight of the mat slab may be neglected in determining the bearing pressure. For lateral force considerations, a friction factor of 0.35 acting between the concrete mat slab foundation and the native soils may be used. Alternatively, a passive resistance of 300 pcf EFW may be assumed, starting at the top of the mat slab foundation. The bottom of the mat slab should be provided with a water -proofing layer that extends continuously up the walls. It is recommended that the architect or structural engineer specify acceptable water- proofing materials for use on this project. Consideration should also be given to the use of Xypex in the concrete mix as a further measure to reduce the potential for seepage through the floor slab. An additional drainage measure that should be considered to further help to minimize the possibility of water collection under the mat slab foundation would be the installation of an underslab drainage system. This drainage system would consist of shallow trenches that extend to a minimum depth of 12 inches below the bottom of the lower level/basement subgrade elevation. These drainage trenches be a minimum of 12 inches wide, and should be installed parallel to the perimeter walls of the lower level, roughly at a distance of 5 to 6 feet inside of the interior side of the perimeter walls and down the middle of the building area. The trenches should be graded to slope toward a low point in the lower level/basement level subgrade. In addition, the ground surface (over the whole subgrade area) should be sloped toward these trenches. The trenches should be lined with a filter fabric. Then, a perforated pipe (3 inches minimum diameter) should be installed at the base of the trenches and surrounded by drain rock. Finally, the filter fabric should be wrapped over the top of the drain rock. These pipes should be drained into a sump from which the water may be pumped to a suitable discharge location away from the building area. Lower Level Rgtainina Walls If the new lower level/basement retaining walls will be restrained at the top, the walls should be designed for an at -rest, drained lateral earth pressure that consists of 50 pcf EFW (triangular distribution) lus 8 x H psf (uniform, rectangular distribution where H = Height of retained ground in feet). This may be considered for level backfill behind the walls. If the walls are designed for the cantilever condition (free to move at the top), then an active earth pressure may be used. In that case, the design should consist of 50 pcf EFW for a level backfill and a drained condition. The structural engineer should determine if a restrained or cantilever condition will occur for these walls. Where necessary, appropriate surcharge loads should be included in the lateral design calculations of the building retaining walls. These may include nearby foundation or other structural loads. The wall design may also consider an added seismic force of 10 pcf EFW. Job: 1357 October 31, 2013 The lower level/basement retaining walls must be provided with a back -drainage system to prevent the build-up of hydro -static pressure behind them. The typical elements of a retaining wall back -drain are shown on Figure 5. The perforated drain pipe should be placed at the base of the footing. The exterior sides of the new lower level/basement walls must be completely water -proofed. Further, all construction joints must be provided with a water -stop or other water -proofing means. It is recommended that the project architect or structural engineer specify acceptable water -proofing materials. Consideration should also be given to the use of Xypex in the concrete mix as a further measure to reduce the potential for seepage through the walls. HOUSE FOUNDATIONS NOT UND_ERfAIN BY THE LOWER LEVEL PLAT SLAB If there are any portions of the proposed residence that will not be underlain by the lower level/basement garage, support should be obtained through the use of drilled, cast -in-place, steel -reinforced concrete piers. The perimeter piers should be tied together with structural grade beams. The pier length, diameter and reinforcement should be determined by the project structural engineer using the values quoted in this section. (Additional recommendations for these foundation members may be necessary after the structural plans have been prepared.) It is recommended that drilled piers penetrate a minimum of 9 feet below the lowest adjacent ground surface (approximately the same as the bottom of the basement excavation), and also a minimum of 5 feet into undisturbed soil, whichever is deeper. The greater embedment into undisturbed soil may be important if piers are located in a backfilled ground area. Drilled piers should be a minimum of 16 inches in diameter. It is advised that the edges of any drilled piers be set at least 5 to 6 feet away from the exterior sides of the new building retaining walls. Drilled piers may be designed for vertical bearing capacity using a skin friction value of 500 psf for the Dead Load plus Code Live Load condition. This may be increased by one third for wind and seismic loadings. For lateral resistance, the piers may be designed for a passive pressure of 250 pcf EFW, which may be assumed to act over 1.5 pier diameters. The upper 2 feet of ground should be neglected in the determination of the vertical bearing capacity and lateral resistance. The perimeter foundation grade beams should be embedded to a minimum depth of 16 inches below the exterior ground surface and B inches below the interior crawl space ground surface or concrete slabs. The intent of these embedment depths is to help minimize the penetration of moisture into crawl space areas or under concrete floor slabs. -7- 2013 CALIFORNIA GREEN BUILDING CODE RESIDENTIAL CHECKLIST New residential bulldinas must be designed to include the Green Building mandatory measures specified in this checklist. These Green Building mandatory measures also apply to additions or alterations of existing residential buildings where the addition or alteration increases the buildings conditioned area, volume, or size. These requirements apply only to the specific area of addition or alteration. tit i' 4!VE Building Permit Number: 7 18 Z1`4 Site Address: IeOco EASTON DRIVE utrn;;NGAR^r In the column labeled "Plan Reference" specify where each Measure can be found an the mans_ SHT N-1, NOTE M/Ah Green Building Measure Plan Reference A plan has been developed,and will be implemented, to manage storm water drainage during SHT BMP construction. CGC §4.106.2 & §4.106.3 SNT N-3, NOTE M/Ah )� n' P� ± F �nn^E>.b�� { Cz.Y' �' 1."'4—R.'..1 ] 2�.'2y��{�i�'t+�`y -? '•�� q� ��. {, -. 2013 Energy Code performance compliance documentation must be provided in SHEET T24v4 8-1/2" X 11" format and must be replicated on the plans. ATTACHMENT Walls with 2 X 6 and larger framing require R-19 insulation §150.0 (c) 2 Hot water piping insulation §150.0 0) 2 A ii SNT N-3, NOTE MBw Lighting— new mandatory requirements for indoor rooms. §150.0 (k) BHT N-3, NOTE MB02 *2 Duct insulation (R-6) required §150.0 (m) 1 BHT N-3, NOTE M/543 Duct leakage testing — 6% w/o air handler and 4% with air handler §150.0 (m) 11 SNT N-3, NOTE M4304 Return duct design/fan power, airflow testing, and grill sizing requirements §150.0(m)13 BHT N-3, NOTE Mara Water heating —120 volt receptacle < 3 ft., Cat III or IV vent, and gas supply line capacity at least 200,000 Btu / hour §150.0 (n) T N-3, NOTE M/13%of New third -party HERS verification for ventilation and indoor air quality §150.0 (o) NOTEBM New mandatory U -factor (0.58) for fenestration and skylights §150.0 (q) SHT N-3, NOTE M/518 Luminaire efficiency levels 2013 California Energy Code Table 150.0 B SWT N-3, NOTE M43#9 Refrigerant charge verification for ducted package units, mini -splits, and other units §150.1(c) 7 N/A *a Radiant barrier now required in Climate Zone 3 §150.1 (c) 2 *4 BHT N-3, NOTE M/M Reduce 1.1 -factor (0.32) and SHGC (0.25) for high performance windows §150.1(c) 3 A 6HT N-3, NOTE M . a i...a Ri. � m.„ � � ..a.�. L �. ka„.C� %.�zx. ��.t .4:. • '"a:: ��"...-ems ..s'e = a+.=' h�rt'� �.E Green Building Measure Plan Reference YV1k fit EF#Iit1 i11GCRl t [G7lNSEH1f14TK3}V' 1*4WIM"_,277777 Plumbing fixtures (water closets and urinals) will comply with the following: 1. The effective flush volume of all water closets will not exceed 1.28 gal /flush. SWT N-3, NOTE M/CM 2013 COC §4.303.1.1 2. The effective flush volume of urinals will not exceed 0.5 gal/ flush. 2013 CGC §4.303.1.2 N/A*5 The fittings for faucets and showerheads will have all required standards listed on the plans; SWT N-3, NOTE M/C 1.5 GPM for faucets and 2.0 GPM for showers. 2013 CGC §4.303,1.3 and 2013 CGC §4.303.1.4 S, 04, 5 An automatic irrigation system controller for landscaping will be provided by the builder and SHT N-3, NOTE MIC installed at the time of final inspection. 2013 CGC §4.304.1 �y EfNfCE13 tlt�nx ery �O REi?U€� 1111i�i1�AN �2�ti3 C8� �4.4f>i6) Annular spaces around pipes, electric cables, conduits or otheropenings in sole/bottom plates at exteriorwalls will be rodent -proofed by closing such openings with cement mortar, concrete SWT N-3, NOTE M/A #6masonry, or similar method acceptable to the enforcing agency. 2013 CGC §4.406.1 PMOM "H III W1lREDUCTIck3 iSPl3$1111 p1111 Rk06M" (2013 CGL §4 4os) A minimum of 60% of the non -hazardous construction and demolition waste generated atthe site will be diverted to an offsite recycle, diversion, or salvage facility per City of Burlingame SHT N-3, NOTE M/A Ordinance # 1704 and 2013 CGC §4.408 R BUILDING MAINTENANCE AND OPERATION (2013 CGC 0.410) An operation and maintenance manual will be provided to the building occupant or owner. 2013 SHT N-3, NOTE M/A CGC §4.410.1 =. FIREPLACES (2013 CGC §4.503) Any gas fireplaces will be direct -vent, sealed -combustible type. 2013 CGC §4.503.1 SHT N-3, NOTE M/p7 Any wood stove or pellet stove will comply with US EPA Phase II emission limits. 2013 CGC §4.503.1 N/A At the time of rough installation, during storage on the construction site, and until final startup of the heating, coolingandventilatingequipment,allductandotherrelatedairdistribution 51ITN-3, NOTEM/E components openings will be covered with tape, plastic, sheet metals, or other methods I acceptable to the enforcing agency to reduce the amount of water, dust, or debris that may enter the system. 2013 CGC §4.504.1 Adhesives, sealants, and caulks used on the project shall follow local and regional air pollution SHT N-3, NOTE M/E or air quality management district standards. 2013CGC §4.504.2.1 0i Paints and coatings will comply with VOL, limits per CGC 94.504,2.2 SHT N-3, NOTE Aerosol paints and coatings will meet the Product -weighted MIR limits for ROC and other requirements. 2013CGC §4.504.2.3 514T N-3, NOTE M/E9 Documentation provided verifies compliance with VOC finish materials. 2013 CGC §4.504.2.4 SHT N-3, NOTE M/E' Carpet system installed in the building interior will meet the testing and product requirements found in the 2013 California Green Building Code. 2013 CGC §4.504.3 SHT N-3, NOTE *12 Where resilient flooring is installed, at least 80% of the floor area receiving resilient flooring will comply with the California Green Building Code requirements. 2013 CGC §4.504.4 SHT N-3, NOTE M/E% Hardwood plywood, particleboard, and medium densityfiberboard composite wood products used on the interior and exterior of the building will comply with the low formaldehyde emission 5HT N-3, NOTE M/E#1 standards. 2013 CGC §4.504.5 Green Building Measure Plan Reference INTERIOR MOISTURE CONTROL (2013 CGC §4.505) A capillary breakwill be installed if a slab on grade foundation system is used. The use ofa 4" thick base of Yd' or larger clean aggregate under a 6 mil vapor retarder with joint lapped not less than 6" will be provided unless an engineered design has been submitted and approved by the Building *7 Division, 2013 CGC §4.505.2 and California Residential Code (CRC) §R506.2.3 Building materials with visible signs of water damage will not be installed. Wall and floor framing will not be enclosed when the framing members exceed 19% moisture content. SHT N-3, NOTE M / F Moisture content will be verified prior to finish material being applied. 2013 CGC §4.505.3 RND Exhaust fans that are ENERGY STAR -compliant, ducted and that terminate outside the building will be provided in every bathroom. 2013 CGC §4.506.1 Unless functioning as a component of a whole -house ventilation system, fans must be 514T N-3, NOTE M / controlled by a humidistat. 2013 CGC §4.506.1 . :1R0[iENfiJk•007) The heating and air-conditioning system will be sized, designed and have their equipment selected using the following methods: 1. Heat Loss/Heat Gain values in accordance with ANSI/ACCA 2 Manual J-2004 or equal; 2. Duct systems are sized according to ANSI/ACCA 1, Manual D-2009 or equivalent; 6NT N-3, NOTE M / H 3. Select heating and cooling equipment in accordance with ANSI/ACCA 3, Manual S-2004 or equivalent.E 2013 CGC §4.507 , 3.. : s �, ... ��G�� L'.L.i�%�Pi[;kle .. �. kF -._ � ..�•_ = .� c� �`�� v d : r.. HVAC system installers will be trained and certified in the proper installation of HVAC i.��`lni SNT N-3, NOTE M / systems and equipment by a recognized training/certification program. 2013 CGC §702.1 04 h(A> ItN!!.'#11 CiC.g7D3j n_ z Upon request, verificationof compliance with this code mayinclude construction documents, plans, specifications, builderor installer certification, Inspection reports, or other methods acceptable to 6FITN-3,NOTE M/A the Building Division that will show substantial conformance with the 2013 Code requirements. 2013 CGC §703.1 I hereby certify that this project has been designed to I�hereby certify, as the builder or installer, under permit meet the requirements of the 2013 Green Building listed herein, that this project will be constructed to Code. meet the requirements of the 2013 Green Building Code. Name: J DEAL ASSOCIATES Name: Address: 33-1 BEACH RD, SUITE A Address: City/State/Zip Code BURL INGAME, CA, 94010 City/State/Zip Code Signature: Signature: Date: 8-06-14 Date: GREEN BUILDING MEASURE NOTES: (SHEET N-3 TO BE PROVIDE DURING BUILDING PERMIT PROCESS) *1 - THERE IS NO 2x6's PERIMETER STUDWALL USED ON THIS PROJECT *2 - SEE ELECTRICAL PLAN *3 - NOT APPLICABLE TO THIS PROJECT *4 - SEE DETAIL 3/A-6 *5 - THERE IS NO URINAL FLUMBING UNIT PROVIDED *6 - THERE IS NO STOVE PROVIDED IN THIS PROJECT *7 - NOT APPLICABLE TO THIS PROJECT - NO NEW CONC SLAB Date: December 19, 2014 To: 0 Engineering Division (650) 558-7230 0 Building Division (650) 558-7260 0 Parks Division (650) 558-7334 X Fire Division (650) 558-7600 0 Stormwater Division (650) 342-3727 0 City Attorney (650) 558-7204 From: Planning Staff Subject: Request for Design Review and Special Permit for a new two-story house with basement at 1906 Easton Drive, zoned R-1, APN: 026-063-110 Staff Review: December 22, 2014 Provide a residential fire sprinkler throughout the residence. 1. Provide a minimum 1 inch water meter. 2. Provide backflow prevention device/double check valve assembly — Schematic of water lateral line after meter shall be shown on Building Plans prior to approval indicating location of the device after the split between domestic and fire protection lines. 3. All sprinkler drainage shall be placed into landscaping areas. 4. Drawings submitted to Building Department for review and approval shall clearly indicate Fire Sprinklers shall be installed and shop drawings shall be approved by the Fire Department prior to installation. Reviewed by: _ Date: _-73 f� Date: `n From: Subject: Staff Review: Project Comments December 19, 2014 0 Engineering Division (650) 558-7230 0 Building Division (650) 558-7260 0 Parks Division (650) 558-7334 Planning Staff 0 Fire Division (650) 558-7600 X Stormwater Division (650) 342-3727 0 City Attorney (650) 558-7204 Request for Design Review and Special Permit for a new two-story house with basement at 1906 Easton Drive, zoned R-1, APN: 026-063-110 December 22, 2014 Any construction project in the City, regardless of size, shall comply with the city's stormwater NPDES permit to prevent construction activity stormwater pollution. Project proponents shall ensure that all contractors implement appropriate and effective Best Management Practices (BMPs) during all phases of construction, including demolition. When submitting plans for a building permit, please include a list of construction BMPs as project notes, preferably, on a separate full size (2'x 3' or larger), plan sheet. A downloadable electronic file is available at: http://www.flowstobay.org/Construction Please contact Kiley Kinnon, Stormwater Coordinator, for assistance at: (650) 342- 3727 Reviewed by: KJK Date: 12/23/14 Project Comments Date: February 10, 2015 To: 0 Engineering Division (650) 558-7230 0 Building Division (650) 558-7260 X Parks Division (650) 558-7334 From: Planning Staff 0 Fire Division (650) 558-7600 0 Stormwater Division (650) 342-3727 0 City Attorney (650) 558-7204 Subject: Request for Design Review for a new, two-story dwelling and special permits for an attached garage and basement at 1906 Easton Drive, zoned R-1, APN: 026-063-110 Staff Review: Revised plans date stamped January 23, 2015 1 J Eucalyptus citriodora need to be moved to planter to city owned planter strip. 2.` Water Conservation in landscape ordinance checklist and irrigation -' plan still required. 3; Protected Tree Removal Permit required. Reviewed by: BD Date: 2/12/15 Date To: From: Project Comments February 10, 2015 �IUEngineering Division (650) 558-7230 0 Building Division (650) 558-7260 0 Parks Division (650) 558-7334 Planning Staff U Fire Division (650) 558-7600 0 Stormwater Division (650) 342-3727 U City Attorney (650) 558-7204 Subject: Request for Design Review for a new, two-story dwelling and special permits for an attached garage and basement at 1906 Easton Drive, zoned R-1, APN: 026-063-110 Staff Review: Revised plans date stamped January 23, 2015 D lease c;hCAM thn dFa age patter and roof I ad ' term i n ati AI additional StOFrn Funoff will be allowed from pre GORStFLIGtion te Post The proposed sidewalk underdrains increases the storm runoff offsite from the pre -construction development. Please revise the drawings and show how the new development will treat and absorb the storm runoff onsite. 2Nen r.i sir uni areallowed 'R the ("i ' Fight F way. PIease nenc' rm this with d'rneR6iGRG aR the site plans showing the mailbox and aRy ethe landSF"dpp strunt:.re-s behind the r.. rt y. n the plans, please show all sidewalk, removed and replaced fronting the property. 4. On the. GGRStFUGtion 6Ghedule, please update and inslude the following to- weekdays and nGn CUY HG#days between SwOO a.m. and 5.00 p.m. Reviewed by: M. Quan Date: 2111115 Kielty Arborist Services Certified Arborist VNT,110476A P.0,Box 6157 San Mateo, CA 94403 650-515-9783 November 15,2014 Mr. 5,2014 Mr. Michael Callan 1233 Oak Street San Mateo, CA 94402 Site:906 Easton drive, Burlingame, CA Dear Mrs Callan. As requested on Friday, November 14; 2014, l visited the above site for the purpose of inspecting and cormuenting on the trees. A new =home and landscape is planned for this site -,aid your concern as to the Nature health and safety has prompted tills visit, Method: All inspections were made from the ground; the trees were not climbed for this inspection. The trees in question were located on a map provided by you. The trees were then measured for diameter at 54 inches above ground level (171311 or diameter at breast height). The tree was given a condition rating for form and vitality. The trees' condition rating is based on 50 percent vitality and 50 percent form, using the following scale, 1 29 Very Poor 30 - 49 Poor 50 - 69 hair 70 - 89 Good 90 - 100 Excellent The height of the tree was nreasured using a Nikon forestry 550 Hypsometer. The spread was paced off. Comments and recommendations for future maintenance are provided. 1906 Easton drive 11/15/14 (2) Survey Tree# Species DBH CON HT/SPComtneots 1 Pittosporum 112 60 35/25 Fair vigor, poor fornn, multi leader (Pittosporum eageniyirles) at 4 feet with included bark, minor decay in trunk at? abet. 2 Canary island palm est20 60 20720 Good`vigor, Lair farm, treevery small (Phoenix-canariensis) suppressed by neighboring privet. 3 - Monterey pine 24.8 50 80/30 Fair vigor, poor form, topped at 70 (Pints rszrjiwa) feet, leans south towards neighbor's house, history of limb loss: 4 Coast lite oak 16.0 55 45/3:5 Good vigor, poor form, leans heavy (Querrzrsagrtfolia) southwest towards neighbor's house at a 45 degree angle, codominant at 35 feet. 5 Monterey pine 35.9 45 (Quercus agrifolia) 6 Liquidambar 10.3 55 (Liquiriuuabar stYz lrcuflzrtt) 7 Monterey pine 38,4 40 (Pinus radiala) 85145 Fair vigor, poor form, slight lean to the south towards neighbor's house, history of limb loss, north side of tree suppressed by number 7 making majority of weight of tree heavier on leaning side, tree has bark beetles. 45/30 Fair vigor, poor form, codominant tit 7 feet with included bark. 85/45 Pair vigor, poor form, multi leader at 12 feet with included bark, heavily infested with bark beetles. Summary.- The ummary:The trees on site are all imported except for the cost live oak. `fie imported trees consist of Monterey pines, liquidambar, canary island palm, and a pittosporum, The Monterey pines#i5 and #7 are heavily infested with bark beetles, Monterey pines all throughout the: peninsula have been slowly dying because of the drought, pine pitch canker and bark beetles. For this reason their life expectancy is considerably shortened and removal of these trees should be considered. The trees on the property have not been maintained far years. A new landscape and home will be beneficial to the neighborhood as the property looks somewhat abandoned, 906 Euston drive 11/15/14 (3) Tree Protection Plan: 'Free protection zones should be established and maintained throughout the entire length of the project. Fencing for the protection zones should he 6 foot tall metal chain link type supported my 2 inch metal poles pounded into the ground by no less than 2 feet. The support poles `should be spaced no more than 10 feet apart on center. The location for the protection fencing should be as close to the dripline as possible still allowing room for construction to safely continue. Signs should be placed. on fencing signifying''rree Protection Lone - Deep Out". No materials or equipment should be stored or cleaned inside the tree protection zones. Areas outside tele fencing but still beneath the driphne of protected trees, where foot traffic is expected to be heavy; should be mulched with 4 t b inches of'chipper chips. 'Tree protection for the trees on tire- perimeter where construction will not affect the trees can be o f orange plastic fencing supported by metal stakes: Trenching for irrigation, electrical, drainage or any other reason should be hand dug when beneath the driplines of protected trees, Hand digging and carefully laying pipes below or beside protected roots will dramatically reduce root loss of desired trees thus reducing tratuna to the entire tree. Trenches should be backfilled as soon as possible with native material and compacted to near its original level. Trenches that must be lets exposed for a period of time should also be covered with lay0s of burlap or straw wattle and kept moist. Plywood over the top of the trench will also help protect exposed roots below. Nornad irrigation should be maintained throughout the entire length of the project. The imported trees onthissite will require irrigation di rim the warm season months. Sonic irrigation may be. required.during the winter months depending on the seasonal rainfall, touring the sumtxter months the trees on this site should receive lic,ny flood type irrigation 2 times a mouth. During the fall and winter 1 time mouth should suffice. Mulching the root zone of protected trees will help the soil retain moisture, thus reducing water consumption. The information included in this report is believed to be tate and based on sound arboricuhural principles and practices. Sincerelx, It 02.23.15 PC Meeting Item #9d 1906 Easton Drive Page 1 of 2 Dear Burlingame Planning Commission, COMMUNICATION RECEIVED AFTER PREPARATION OF STAFF REPORT RECEIVED FEB 23 2015 CITY OF BURLINGAME CDD — PLANNING DIV We live at , Easton Drive, directly to the left of the proposed house at 1906 Easton. We have lived here for 10 years, next to the existing shack there, so we look forward to the new house next door. However, we do have a few concerns about the proposed plans and have regrettably not been able to discuss these with the owner or various designers. Existing Trees First, we would like to keep some of the existing heritage trees along the property line. We have lived here for 10 years and have greatly enjoyed the forest -like greenery that exists on the 1900 block of Easton. However, over the last two years, we will have lost many large trees on the immediate block, including a city -owned eucalyptus at 1906 Easton and a very large kumquat on the comer of Easton and Drake. Now, the two large pines in the center of the lot at 1906 will inevitably have to be removed for construction, along with many other smaller trees. This will significantly change character of our block. So, we are requesting that a few larger trees remain, especially those along our shared property line. The 56" diameter oak tree and the 82" diameter pine tree along the property line do not appear to impact construction, so as heritage trees (>48" diameter), we believe they should remain in place. The oak tree in particular grows at an angle, such that the majority of the tree is actually over our lot and our children use it for a swing. Trees like that simply can't be replaced by new trees that take a generation to grow. In addition, there is a beautiful maple tree in the back yard that also doesn't appear to impact construction, but is visible from all neighboring lots. Given the fall beauty of that tree, we (and adjacent neighbors) would prefer that it remain too, despite that it is only a 37" diameter tree. New Trees Second, we have preliminary concerns about the trees that are proposed along our shared property line. The fern pines can apparently grow to heights of 3 0-50' and have quite dense foliage. The pacific wax myrtle can apparently grow to heights of 30'. While we love big trees, a 50' high wall of dense foliage will be a bit much in terms of blocking the sky. We think that would be at odds with the intent of declining height envelopes. House Desim While the proposed modem design of the house is rather unique for the Easton addition, we realize that a boxy, flat -roofed house in not unprecedented. We note that there are some attractive houses in this style, although they often incorporate more elements of Frank Lloyd Wright's prairie style, like 1135 Drake and 1535 Los Montes (see below). However, we feel the proposed design of 1906 is a bit lacking in terms of finish and style. The narrow steel columns and aluminum & glass railings seem a bit out of place (compare to 1535 Los Montes). While the stone work is attractive, the combination of wood siding and stucco is also a bit odd. There is very little trim and the windows lack any architectural detail (compare to 1135 Drake). Perhaps taller, narrower windows with muntin grids would complement the style better (see 1135 Drake). Lastly, we note that the left side of the house facing our lot is particularly bland, given the lack of windows or other architectural details. ffol ill i z ., klwft w S z wrc a° w6 QY� Kw 0a o w O Z O F O a LU N RESOLUTION APPROVING CATEGORICAL EXEMPTION, DESIGN REVIEW, AND SPECIAL PERMITS RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a Categorical Exemption has been prepared and application has been made for Design Review for a new two and half story house and Special Permits for an attached_9arage, declining heiaht WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on April 13, 2015, 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 RESOLVED and DETERMINED by this Planning Commission 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 will have a significant effect on the environment, and categorical exemption, per CEQA Section 15303 (a), which states that construction of a limited number of new, small facilities or structures including one single family residence or a second dwelling unit in a residential zone is exempt from environmental review, is hereby approved. 2. Said Design Review and Special Permits are approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Design Review and Special Permits are 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. Chairman I, , Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 13th day of April 2015 by the following vote: Secretary EXHIBIT "A" Conditions of Approval for Categorical Exemption, Design Review, and Special Permits 1906 Easton Drive Effective April 23, 2014 Page 1 that the project shall be built as shown on the plans submitted to the Planning Division date stamped March 18, 2015, sheets Al -A7, SF -1 and SF -2, L-1, and Boundary Survey and Topographic Map; 2, that any changes to building materials, exterior finishes, windows, architectural features, roof height or pitch, landscape plan or amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staff); 3. that any changes to the size or envelope of the first or second floors, or garage, which would include adding or enlarging a dormer(s), shall require an amendment to this permit; 4. that the conditions of the Engineering Divisions December 23, 2014 and February 11, 2015 memos, the Building Division's December 23, 2014 and February 12,2015 memos, the Parks Division's January 7 and February 12, 2015 memos, the Fire Division's December 23, 2014 memo, and the Stormwater Divisions December 23, 2014 memo shall be met; 5. that any recycling containers, debris boxes or dumpsters for the construction project shall be placed upon the private property, if feasible, as determined by the Community Development Director; 6. that demolition for removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; that a building permit shall not be issued until the protected -size trees on site that are scheduled to be removed have Protected -Size Tree Removal Permits approved by the Parks Division 8. that prior to issuance of construction plans shall approval adopted by the remain a part of all se Compliance with all con not be modified or chan Council on appeal; a building permit for construction of the project, the project be modified to include a cover sheet listing all conditions of Planning Commission, or City Council on appeal; which shall is of approved plans throughout the construction process. ditions of approval is required; the conditions of approval shall ged without the approval of the Planning Commission, or City 9. that prior to issuance of a building permit for demolition or construction of the project, the project construction plans shall be modified to include a cover sheet and a landscape plan that lists the Kielty Arborist report, date stamped November 15, 2014, and recommendations; EXHIBIT "A" Conditions of Approval for Categorical Exemption, Design Review, and Special Permits 1906 Easton Drive Effective April 23, 2014 Page 2 10. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a single termination and installed on the portions of the roof not visible from the street; and that these venting details shall be included and approved in the construction plans before a Building permit is issued; 11. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; 12. that during demolition of the existing residence, site preparation and construction of the new residence, the applicant shall use all applicable "best management practices" as identified in Burlingame's Storm Water Ordinance, to prevent erosion and off-site sedimentation of storm water runoff; 13. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2013 Edition, as amended by the City of Burlingame; THE FOLLOWING CONDITIONS SHALL BE MET DURING THE BUILDING INSPECTION PROCESS PRIOR TO THE INSPECTIONS NOTED IN EACH CONDITION: 14. that prior to scheduling the framing inspection the applicant shall provide a certification by the project architect or residential designer, or another architect or residential design professional, that demonstrates that the project falls at or below the maximum approved floor area ratio for the property; 15. that prior to scheduling the foundation inspection, a licensed surveyor shall locate the property corners, set the building footprint and certify the first floor elevation of the new structure(s) based on the elevation at the top of the form boards per the approved plans; this survey shall be accepted by the City Engineer; 16. that prior to scheduling the framing inspection the project architect or residential designer, or another architect or residential design professional, shall provide an architectural certification that the architectural details shown in the approved design which should be evident at framing, such as window locations and bays, are built as shown on the approved plans; architectural certification documenting framing compliance with approved design shall be submitted to the Building Division before the final framing inspection shall be scheduled, 17. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Division; and 18. that prior to final inspection, Planning Division staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans. EXHIBIT "A" Conditions of Approval for Categorical Exemption, Design Review, and Special Permits 1906 Easton Drive Effective April 23, 2014 • CITY OF BURLINGAME BURLINGAME COMMUNITY DEVELOPMENT DEPARTMENT 501 PRIMROSE ROAD BURLINGAME, CA 94010 PH: (650) 558-7250 0 FAX: (650) 696-3790 www.burlingame.org Site: 1906 EASTON DRIVE The City of Burlingame Planning Commission announces the following public hearing on MONDAY, APRIL 13, 2015 at 7:00 P.M. in the City Hall Council Chambers, 501 Primrose Road, Burlingame, (A: Application for Design Review for a new, two-story s;^gle family dwelling and Special Permits for an attached garage, a basement, and declining height envelope at 1906 EASTON DRIVE zoned R-1. APN 026-063-110 Mailed: April 3, 2015 (Please refer to other side) City of Burlingame PUBLIC HEARING NOTICE A copy of the application and plans for this project may be reviewed prior to the meeting at the Community Development Department at 501 Primrose Road, Burlingame, California. If you challenge the subject application(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing, described in the notice or in written correspondence delivered to the city at or prior to the public hearing. Property owners who receive this notice are responsible for informing their tenants about this notice. For additional information, please call (650) 558-7250. Thank you. William Meeker Community Development Director PUBLIC HEARING NOTICE (Please refer to other side) eF Yg , -s R-1 a CO .+ ,API ;. .7 z �g ` tz t j "�7p'� Fi _ Ir a f 7 2S 73WWI 73Z NN T C A VFA Nc f 5-a. 73d ;d 2 t. j� 7328, �-` 730 CO N �,, 378 _ �• °' % - �, �� 7" 2� - _ ��/�- =�• - � � � � - ro �I 726 72' .7323 �• =• - ._ z 37$ ~° { 00 r ,Q 7ja / 00 b e ® N a P c ra 'lip 700 32 S4 F • 06 Easton Drive ..� Al PA�� :� tai ��f.'� •�- .. t a.. �- n� '� � �<- �ste3 a'- ells r_s 04.13.15 PC Meeting Item #8b 1906 Easton Drive Page 1 of 1 ----Original Message --- From: Brooke Hill [mailto:brooke.i.hillCcagmail coml Sent: Monday, April 13, 2015 6:43 AM To: CD/PLG-Barber, Catherine Subject: 1906 Easton Dr Please forward to the commissioners. Thanks! COMMUNICATION RECEIVED AFTER PREPARATION OF STAFF REPORT RECEIVED APR 13 2015 CITY OF BURLINGAME CDD — PLANNING DIV. Planning Commissioners, We appreciate the updates to the plans at 1906 Easton Drive as some of the changes better reflect the style of the neighborhood. We continue to request that the Oak tree and liquid Amber trees remain, in light of all the other mature tree removals. Regarding the new landscape plan, we have spoken to the owner and have agreed to collaborate on plant choices along the property line as both of our projects progress. Thanks, Brooke and Scott Hill 1908 Easton Dr. Sent from my iPad :99 Jill! L � jj ii i yq i 1 i i7; i i i a i i i a I i i I i i u( �' ��• S� I I I _� I I 7 w � � I �i - ,•i � "IIID y�iT � � -2 4 lit II'I'ii I'i L'IIi., IAF I I. _ v It JJ I ! :. �Mmm_ L "4'E 3�MO Itl1OY3 9661 31421 M "40M M311AIB3O TYu19aIB3J �431VIw"V 1V34 r jR I II C3 � Il II I I I I 7,J I I I I I II II I I II'Iill I $ I I:II I I iJ i11`4 8)a q id gg2 JI �� ' I s aI F' I I I U-g II I I z I . 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Yfas*Eh 2 m m•''kiH2H£oa 9DMEETINGREPORT AGENDANO: 9b 9D MEETING DATE: To: Honorable Mayor and City Council Date: May 18, 2015 From: Carol Augustine — Finance Director (650) 558-7222 May 18, 2015 Subject: Public Hearing and Adoption of Broadway Area Business Improvement District (BID) Assessments for Fiscal Year 2015-16, and Introduction of an Ordinance Renewing and Reestablishing the District RECOMMENDATION The City Council is being asked to consider both the fiscal year 2015-16 assessments for the Broadway Area Business Improvement District and an ordinance reestablishing the District. Both items may be combined into one public hearing, which was duly noticed for this date. In order to consider these items, staff recommends that the City Council: 1. Receive the staff report and ask any clarifying questions. 2. Ask the Clerk to read the title of the proposed ordinance. 3. By Motion, waive further reading and introduce the ordinance. 4. Conduct a public hearing on both the ordinance and the 2015-16 fiscal year assessment. During the hearing, members of the public may present protests to the Broadway BID assessments and renewal. 5. End the public hearing and ask the City Clerk to report out any protests filed with the City. 6. Discuss the ordinance and determine whether to bring it back for second reading and adoption. If the Council is in favor of the ordinance, direct the City Clerk to publish a summary of the ordinance at least five days before its proposed adoption. 7. If protests do not represent 50% of the majority of the assessments, then adopt the resolution setting the 2015-16 fiscal year assessments. BACKGROUND On April 20, 2015, the City Council adopted a resolution of intention to renew the Broadway Avenue Business Improvement district (BABID) and levy assessments for the district for the 2015-16 fiscal year; and established May 18, 2015, at 7:00 p.m. as the public hearing date and time. No changes in the boundaries, assessments or business classifications of the business district are proposed. The Council also stated its intent to introduce an ordinance renewing and reestablishing the BABID. Both items were noticed for a public hearing on May 18. If there is a protest by businesses that represent a majority of the value of the assessments, then the resolution setting assessments cannot be approved. As of the time of writing this memorandum, the City has not received any protests, although protests may be presented in writing before or at the hearing. Any and all protests must be received by the Citv Clerk at or Broadway BID Assessments for FY 2015-16 and Ordinance Renewal May 18, 2015 FISCAL IMPACT Approximately $25,000 in assessments for the BABID is collected annually with City business licenses. All of these funds are forwarded to the Broadway Area Business Improvement District for improvements as authorized by the BID Board of Directors. The City of Burlingame covers the expenses associated with the renewal of the BID. Exhibits: • Resolution of the City Council of the City of Burlingame Establishing 2015-16 Fiscal Year Assessments for the Broadway Area Business Improvement District and Determining that No Majority Protest Has Been Made • Ordinance Renewing and Reestablishing the Broadway Area Business Improvement District • Broadway BID Assessment Roll (showing weight of protest votes) 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ESTABLISHING AND LEVYING 2015-16 ASSESSMENTS FOR THE BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT WHEREAS, pursuant to California Streets and Highways Code Section 36500 et seq., the City Council of the City of Burlingame established the Broadway Area Business Improvement District ("BABID") for the purpose of promoting economic revitalization and physical maintenance of said business district, and WHEREAS, the BABID Advisory Board has filed its 2014-15 annual report with the City Clerk and has requested the Burlingame City Council to set and levy the BABID assessments for the 2015-16 fiscal year; and WHEREAS, on April 20, 2015, the Burlingame City Council approved the BABID's annual report and adopted a Resolution of Intention to reauthorize the BABID and levy assessments for the 2015-16 fiscal year; and WHEREAS, the Burlingame City Council set a public hearing to consider its levy of assessments on the businesses in the BABID for May 18, 2015, at 7:00 p.m, at the Council Chambers, Burlingame City Hall, 501 Primrose Road, Burlingame, and said public hearing was duly noticed as required by State law; and WHEREAS, at the public hearing held on May 18, 2015 the Burlingame City Council received and considered all oral and written testimony from all interested persons and any and all written protests presented by businesses within the BABID; and WHEREAS, the current level of assessments on businesses in the BABID will continue to be levied for the fiscal year 2015-16 so that improvements and programs may continue in the BABID; and WHEREAS, the BABID's proposed activities and improvements, the proposed assessments and the boundaries of the District for the 2015-16 fiscal year are without change from those currently in place for the BABID; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE, DETERMINE, AND FIND AS FOLLOWS: 1. All of the facts and assertions recited above, in the staff report and supporting documentation are true and correct. 2. Written protests to assessments, improvements or activities were not received at or before the close of the public hearing on May 18, 2015, that constituted a majority as defined in Government Code sections 36500 and following 3. The City Council does hereby levy an assessment for the 2015-16 fiscal year on businesses in the BABID as described in City of Burlingame Ordinance No. 1461, to pay for improvements and activities of the BABID. 4. The types of improvements and activities to be funded by the levy of assessments on businesses in the BABID are set forth in Exhibit "A", attached hereto and incorporated herein. 5. The method and basis for levying the assessments on all businesses within the BABID are set forth in Exhibit "B", attached hereto and incorporated herein. Terry Nagel, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council on the 18th day of May, 2015, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: 2 Mary Ellen Kearney, City Clerk EXHIBIT A TYPES OF IMPROVEMENTS AND ACTIVITIES PROPOSED TO BE FUNDED BY THE LEVY OF ASSESSMENTS 1) Streetscape Beautification, Seasonal Decorations, and Public Arts Programs a. Seasonal street plantings of flowers. b. Seasonal flags and banners. c. Sidewalk enhancement and maintenance. 2) Business Recruitment and Retention a. Matching funds for storefront improvement incentive. b. Develop strategy to fill commercial vacancies. c. Small business assistance workshops. 3) Commercial Marketing, Public Relations, and Advertising a. Organize special events throughout the year. 4) Shuttle a. Establish a people mover system between the area and the hotel district, to be funded on a cooperative cost sharing basis. 5) Develop, implement and maintain a website for Broadway Area Business Improvement District. 6) Hire professional photographer to have a portfolio of photos of Broadway Area Business Improvement District for marketing and advertising. 7) Create a directory brochure for Broadway Area Business Improvement District for the Burlingame Trolley and hotels. 8) Work with hotels to link Broadway Area Business Improvement District website to hotel website. 9) Create and maintain a Facebook page to promote Broadway Area Business Improvement District. K EXHIBIT B BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT ASSESSMENT BASIS* BUSINESS TYPE NO. OF STAFF ** ANNUAL ASSESSMENT RETAIL & RESTAURANT SERVICE PROFESSIONAL FINANCIAL 4+ ----------------------------------------- $450 1-3 $300 3+ ----------------------------------------- $250 1-2 $150 3+ ----------------------------------------- $200 1-2 $150 NA $500 * ----- Amount shown is annual total ** --- Staff means any persons working (full time or full time equivalency) including owners, partners, managers, employees, family members, etc. Business Definitions (Burlingame Municipal Code § 6.52.010): Retail ❑ Businesses that buy and resell goods. Examples are clothing stores, shoe stores, office supplies, etc. Restaurant ❑ Selling prepared food and drink. Service ❑ Businesses that sell services. Examples are beauty and barber shops, repair shops that do not sell goods, contractors, auto shops, etc. Professional ❑ Includes engineering firms, architects, attorneys, dentists, optometrists, physicians, realtors, insurance offices, etc. Financial ❑ Banks, savings and loans, household finance companies, etc. 13 ORDINANCE NO: AN ORDINANCE OF THE CITY OF BURLINGAME RENEWING AND REESTABLISHING THE BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT WHEREAS Ordinance No. 1461 established the Broadway Area Business Improvement District, including boundaries of the District, and provisions of that ordinance were codified in Chapter 6.52 of the Municipal District; and WHEREAS the District was renewed and reestablished by Ordinance No. 1524 to extend to June 30, 1998; and WHEREAS the District was renewed and reestablished to extend to June 30, 2003, with a reduction of the number of members of the advisory board from eleven to seven, by Ordinance No. 1592; and WHEREAS the District has been renewed and reestablished every five years by resolution since that time with the annual approval of assessments; and WHEREAS the renewal of the District without a five-year limitation appears to be an appropriate and efficient means of serving the public interest for which the District was formed; and WHEREAS procedures exist under state law for dissolving the District should that become advisable in the future, thereby obviating the need for a predetermined termination date for the District; and WHEREAS the businesses and properties within the District will continue to be benefited by the proposed improvements and activities for which the annual assessments are levied; and WHEREAS the City of Burlingame intends to continue to provide for a public hearing as required prior to the approval of each annual proposed assessment; NOW, THEREFORE, the City Council of the City of Burlingame does hereby find, declare and ordain as follows: Section 1: Pursuant to Sections 36500 et seq. of the Streets & Highways Code and City Council Resolution No. 38-2015, Resolution Of The City Council Of The City Of Burlingame Declaring Its Intention To Renew The Broadway Area Business Improvement District, To Establish 2015-16 Assessments For The Broadway Area Business Improvement District, And Approving The 2014-15 Annual Report, adopted April 20, 2015, due notice was given of a public hearing on the reestablishment and amendment to the Broadway Area Business Improvement District, a public hearing was duly held on May 18, and all comments and evidence received and considered. Written protests from businesses in the District paying fifty percent or more of the proposed assessment were not received or were otherwise withdrawn by the close of the public hearing. Section 2. The Broadway Area Business Improvement District, as described and governed by Ordinance 1461 and Chapter 6.52 of the Municipal Code, is hereby reestablished, and Section 4 of the Ordinance 1461, is hereby deleted. With this action, the Broadway Area Business Improvement District shall be deemed to have been in full force and effect continuously since its last renewal. Section 3. This ordinance supersedes any conflicting provisions of Ordinance Nos. 1461, 1524, and 1592. Businesses in the District shall be subject to amendments to the Parking and Business Improvement District Area Law of 1989 (Streets & Highways Code sections 36500 and following). Section 4. This ordinance shall be published in accordance with law and shall take effect thirty (30) days after the date of its adoption. Terry Nagel, Mayor I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council on May 18, 2015, and adopted at a regular meeting of the City Council held on the day of 2015, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: MARY ELLEN KEARNEY, City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO.11 a2 ORDINANCE OF THE CITY OF BURLINGAME RENEWING THE BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT FOR FIVE YEARS AND REDUCING THE NUMBER OF ADVISORY BOARD MEMBERS FROM ELEVEN TO SEVEN The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1. (a) Ordinance No. 1461 established the Broadway Area Business Improvement District, including boundaries of the District, and provisions of that ordinance were placed in Chapter 6.52 of the Municipal District. The District was renewed and reestablished by Ordinance No. 1524 to extend to June 30, 1998. (b) The Broadway Area Business Improvement District Advisory Board has asked the City Council to renew and reestablish the District for an additional five years and to approve reduction of the number of members of the advisory board from eleven to seven. (c) These proposed changes and assessments seem fair and equitable and would serve the public interest for which the District was formed. The businesses and the properties within the I District will continue to be benefitted by the proposed improvements and activities for which the assessments are to be levied. (d) Pursuant to Sections 36500 and following of the Streets & Highways Code and City Council Resolution No. 19-98 [RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING ITS INTENTION TO RENEW THE BROADWAY AREA BUSINESS RVIPROVEMENT DISTRICT AND TO ESTABLISH 1998-1999 ASSESSMENTS FORTHEBROADWAY AREABUSINESS IMPROVEMENT DISTRICT] adopted April 6,1998, due notice was given of public hearings on the reestablishment and amendment to the Broadway Area Business Improvement District, public hearings were duly held on May 4 and June 1, 1998, and all comments and evidence received and considered. (e) Written protests from businesses in the District paying fifty percent or more of the proposed assessment were not received or otherwise withdrawn by the close of the second public hearing. 1 2 3 4 5 6 7 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 2. The Broadway Area Business Improvement District, as described and governed by Ordinance 1461 and Chapter 6.52 of the Municipal Code, is hereby reestablished for a period of five (5) years and Section 4 of Ordinance 1461, is hereby amended to read as follows: "Except for any necessary purposes of collecting unpaid assessments, this ordinance shall have no further force and effect after June 30, 2003." Section 3. Section 6.52.030 is amended to read as follows: 6.52.030 Advisory Board. There shall be an Advisory Board, which shall consist of seven members. Members shall be elected for a term of two years by the businesses participating in the District. Voting shall be based on the value of the benefit assessments. The members of the board shall be classified so that the terms of four (4) members shall expire during one year, and the terms of the other three members shall expire the following year. The Board shall be incorporated as a non-profit corporation. Board members shall represent businesses which have currently paid the annual benefit assessment. The Board shall make recommendations to the City Council on expenditure of District revenues, make an annual report for each fiscal year for which assessments are levied, and do those things required by the Streets and Highways Code to be performed by the Advisory Board. Section 4. This ordinance supersedes any conflicting provisions of Ordinance Nos. 1461 and 1524. Businesses in the District shall be subject to amendments to the Parking and Business Improvement District Area Law of 1989 (Streets & IHghways Code sections 36500 and following). Section 5. This ordinance shall be published (3 0) days after the date of its adoption, -2- law and shall take effect thirty /1, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Judith A, Malfatti, City Clerk ofthe City ofBurlingame, do hereby certify that the foregoing Ordinance was introduced at a meeting of the City Council of the City of Burlingame on May 4 , 1998 and the Ordinance was duly adopted at a regular meeting of the City Council on June 1, 1998, by the following vote: AYES: COUNCILM NIBERS: GALL I GAN, JANNEY, KNIGHT, 0' MAHONY, SP I NELL I NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE �- ' City Cler C:\wP51\FILESUdbrdwy\ord2chmg98.bid.wpd -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROMEF. COLEMAN CT' ATTORNEY CRY OF BURLINGAME W1 PRIMROSE ROAD BURUNOAME, CALIK S"W ORDINANCE No. 1524 ORDINANCE AMENDING "SUNSET" PROVISION AND REESTABLISHING BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT The CITY COUNCIL of the CITY OF BURLINGAME does hereby find and ordain as follows: Section 1. Pursuant to Sections 36500 et sea. of the Streets and Highways Code a public hearing was held on May 1, 1995, after having given due notice thereof as required by law, on the reestablishment of the Broadway Area Business Improvement District. All oral and written protests and other comments regarding such proposed action were heard. Protests from businesses in the district paying fifty percent or more of the proposed assessment were not received at said meeting. Section 2. The Broadway Area Business Improvement District is hereby reestablished as more fully set forth in Ordinance 1461 and Chapter 6.52 of the Burlingame Municipal Code. Section 3, Section 4 of ordinance 1461, establishing a termination date for the Broadway Area Improvement District, is hereby amended to read as follows: "This ordinance shall have no force or effect after June 30, 1998." Section 4 This ordinance shall be published as required by law. V Mayor 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CMY, OR= CRY OF BUR4NGAME 601 PRIMROSE ROAD WRIJNOAME.0 F.54010 1, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 1st day of MAY , 1995, and adopted thereafter at a regular meeting of the City Council held on the 15th day of MAY , 1995, by the following vote: AYES: COUNCILMEMBERS: HARRISON, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PAG?4A City Clerk 0 n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CM WORNEY CITY OF BUR LIN GAME 001 PRIMROSE ROAD SURIJNGAME. CALIF.94010 ORDINANCE NO. 1461 AN ORDINANCE OF THE CITY OF BURLINGAME ADDING CHAPTER 6.52 TO THE BURLINGAME MUNICIPAL CODE ESTABLISHING THE BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT The CITY COUNCIL of the CITY OF BURLINGAME does hereby ORDAIN as follows: SECTION 1. FINDINGS A. Pursuant to the Parking and Business Improvement Area Law of 1989, Section 36500, Streets and Highways Code, on March 16, 1992, the CITY OF BURLINGAME adopted Resolution No. 23-92 , entitled "Resolution of the City Council of the City of Burlingame Declaring its Intention to Establish the Broadway Area Business Improvement District", to levy a benefit assessment on all businesses, trades, professions, and vendors within said District, the proceeds of which shall be used for the public purposes herein described to benefit the businesses in the District. B. Pursuant to said law and the Resolution, the City conducted a public hearing on April 6, 1992, after having given due notice thereof as required by law. All oral and written protests and other comments regarding such proposed actions were heard. Protests from businesses in 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CRY ATTORNEY CITY OF BURLINGAME 601 PRIMROSE ROAD BNRUNBAME. CALIF.94O1O the proposed District paying fifty percent (50%) or more majority of the proposed assessment were not received at said meeting. C. Following the closure of said hearing the matter was continued to June 1, 1992 for decision by this Council; further written comments were received and considered prior to and at said continued meeting. D. The City Council has now determined to establish the proposed District as a parking and business improvement area, to provide for the imposition of a benefit assessment and to adopt an ordinance to such effect. E. Assessments levied through the District will benefit all businesses and properties within the District directly or indirectly, and are not taxes for the general benefit of the City but confer special benefits upon the businesses for which the actives are provided. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: SECTION 2. Chapter 6.52 is hereby added to the Burlingame Municipal Code, providing as follows: "Chapter 6.52 BROADWAY AREA IMPROVEMENT DISTRICT Section 6.50.010 - Definitions. In order to distinguish between District businesses and for the purpose of calculating and applying the amount of assessments owed, the following definitions shall apply: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CRY ATTORNEY QTY OF BURL[ GAME. SOl PRIMROSE ROAD SURLINOAME, CAUF 54010 (a) "Retail" businesses include all businesses not covered by other definitions set out in this Section, at least fifty percent (503%) of whose gross income is derived from "retail sales" as that term is defined under the California Sales and Use Tax Law. The fact that a substantial part of its business consists of sales and other than retail sales does not exclude said business from this classification so long as such other business component does not account for more than fifty percent (50%) of said business' gross income. (b) "Restaurant" businesses include cafes, eating establishments, sandwich shops, dinner houses, restaurants, fast food services and other similar businesses. (c) "Service" businesses include general office, news and advertising media, printers, photographers, personal care facilities and outlets, contractors/builders, service stations, repairing and servicing businesses, renting and leasing businesses, utilities, vending machine businesses and other similar businesses not otherwise included in the other definitions of this Section. (d) "Professional" includes attorneys, architects, engineers, surveyors, physicians, dentists, optometrists, chiropractors and others in a medical/health service field, consultants, real estate brokers, laboratories (including dental and optical), hearing aid services, artists and designers. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F COLEMAN C.ry ATION NEY CITY OF SURLINGAME 501 PRIMROSE ROAD SURUNGAME, CAURS4010 (e) "Finance" shall mean a business that offers bank, savings & loan, thrift, or credit union financial services. (f) "Government" shall mean public, local, state or federal agencies. (g) "Fiscal Year" means July 1st to and including June 30th of the following year. (h) "District" is the Broadway Area Business Improvement District. Section 6.52.020 Establishment of Boundaries A parking and business improvement district known as the "BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT" is hereby established pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et sea. The boundaries of the District shall be as set forth on Exhibits "A" and "B", attached to Ordinance No. 1461. Section 6.52.030 Advisory Board. The City Council shall appoint the first Advisory Board, which shall consist of eleven members. The members of said initial board shall draw lots so as to classify five members with terms of one year and six members with terms of two years. At the end of such terms new members shall be elected for a term of two years by the businesses participating in the District. Voting shall be based on the value of the benefit assessments. The Board shall incorporate as a non-profit E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN cll ArtoR NE, CT' OF 90RLRIG ME $01 PRIMROSE ROAD EIURUNGAME,GAUP."010 corporation within six months of its appointment. Board members shall represent businesses which have currently paid the annual benefit assessment. The Board shall make recommendations to the City Council on expenditure of District revenues, make an annual report for each fiscal year for which assessments are levied, and do those things required by the Streets and Highways Code to be performed by the Advisory Board. Section 6.52.040 Establishment of Benefit Assessments. All businesses, trades and professions located within the District boundaries shall pay an annual benefit assessment to the District for each fiscal year in the following amounts: Section 6.52.050 Purpose and Use of Benefit Assessments All funds derived from the assessment will be used for the enhancement and appearance of the District and promotion, advertising and image building for the businesses within the District. Funds derived from the 5 of Business Types Empl" Retail & 4+ $450 Restaurant 1-3 $300 Service 3+ $250 1-2 $150 Professional 3+ $200 1-2 $150 Financial $500 Section 6.52.050 Purpose and Use of Benefit Assessments All funds derived from the assessment will be used for the enhancement and appearance of the District and promotion, advertising and image building for the businesses within the District. Funds derived from the 5 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN VR AT ORNET OflY OF BUR4IN(GAME 501 PRIMROSE ROAD BURUNDAIAE, CAIJF.84010 District shall not be used to offset or diminish maintenance, capital improvement and/or business promotion programs currently sponsored by the City within the District. The types of improvements and activities proposed to be funded by the levy of assessments on businesses in the District are as follows: 1.) Streetscape Beautification, Seasonal Decorations and Public Arts Programs a. Erect a district sign on E1 Camino Real b. Place kiosks for posting local events, public information, local business information, and for relocation of newspaper racks C. Place benches along Broadway d. Seasonal street plantings of flowers e. Seasonal flags and banners and relocation of City signs f. Sidewalk enhancement and maintenance 2.) Business Recruitment and Retention a. Shopper preference survey to determine most desired new businesses b. Develop strategy to fill commercial vacancies C. Small business assistance workshops. 3.) Parking a. Remove parking meters 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F, COLEMAN CRY ITTORNEY CITY OF 9URUNGAME SOI PRIMROSE ROAD BURLINGRmE, CALJF, 9400 b. Create more effective directional signage to lots C. Sponsor parking maps and/or directories d. Annual contribution to parking facility development and maintenance fund 4.) Commercial Marketing, Public Relations and Advertising a. Create cable T.V. and radio spots b. Produce seasonal direct mail pieces C. Organize special events throughout the year 5.) Shuttle Establish a people mover system between the area and the hotel district, to be funded on a cooperative cost sharing basis. Section 6.52.060 Exclusions from Benefit Assessment. No person or business shall be required to pay an assessment if it is: (a) a residential use of the property within the District, or (b) a non-profit organization, as defined by section 6.04.040 of this code, located within the District, Section 6.52.070 collection of Benefit Assessment. The benefit assessment authorized by this Chapter shall be billed and collected at the same time and manner as City business licenses. The City will make such collections 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CITY ATw.w CRY OF BURLINGAME 501 PRIMROSE ROAD BURLINO FCALJF 94010 without charge and will forward collected funds to the Advisory Board monthly, Section 6.52.080 Late Payment Penalties and Prorations.. Late payment penalties shall be applied to businesses that do not provide their respective assessment. payments in the same time, manner, and amount; as penalties upon late payment of City business licenses. Assessments shall be prorated for new business in the same manner as City business licenses. Section 6.57..050 Annual Budget: Process (a) The Advisory Board shalt. present an annual budget for City council review and approval prior to the beginning of each fiscal year. (b) The City shall not adopt, modify or otherwise amend any fiscal year budget of the District that is inconsistent in.any way with said fiscal year's budget: aea agreed to and presented by the Advisory Board, except in the case of a written majority protest (.regarding elimination or modifications of any specific budget item) from business owners who will pay fifty percent (50%) or more of the assessments proposed to be levied as to any specific budget .item pursuant to Government Code Section 36525(b). In such case the written protest regarding any specific budget item shall be grounds to eliminate or modify said expenditure from the proposed budget. (c) The original assessment formula shall not be E] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CM ATTORNEY CITY OF BUR41NOAME EOI PRIMROSEROAD BBRUNGAME, GU F.94010 increased unless requested by a. majority of the businesses located within the District. (d) Decisions of the Advisory Board regarding expenditures of all funds generated under these programs shall be final to the extent they are consistent with the District's fiscal year budget adopted by the City Council. _ECTION _3, If any section, subsection, subdivision, paragraph, clause or phrase of the Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid, or ineffective by any court of Competent jurisdiction, such decision shall. not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof and the City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional or invalid or ineffective. SECTION 4. This ordinance shall have no force or effect after June 30, 1995, SECTION 5 This ordlnaj�,ee—t3�iall be pub��E d as required by law. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME P. COLEMAN CIT ATTORNEY CITY OF BURLINGAME 6O1 PRIMROSE ROAD BURLINGAME. CALIF.54010 I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held on the bth day of April 1 1992, and was adopted at a regular meeting of the City Council held on the 1st day of June, 1992 , by the following vote: AYES: COUNCILMEMBERS: HARRISON, LEMBI, O'MAHONY, PAGLIARO NOES: COUNCILMEMBERS: KNIGHT ABSENT: COUNCILMEMBERS: NONE CITY CLERK 10 BROADWAY AVENUE BUSINESS IMPROVEMENT DISTRICT T7 •yi Au iff I• I-0':' tv a n14 ze pi t] ,J'M t. . ,; fi I to Asa l v •r a Yid :�9 al o;wz x• t• ,4 ,• „ N. RDLLINB RD.4 P rae n•. W /a[J Cn •...•.. r ar g+$ IS x^u e "li �II n dw �a �• 5rt •' s �. •!� a p�..� It mev�.w ri I• j= < ry • Hxry � • A wqs . z I• � I,No,,... g p;xe s•W ,•. .10 I] r.S P.P �. p SpHC5l1. P.M VIX.55. � � I "° W AJE. � � - d850i a ar :e a• -%,,, It p GARC4A__sDUTNERN $ iz Is �4i E la . la a•'t i4 la IS 91 T7 •yi Au iff I• I-0':' tv a n14 ze pi t] ,J'M t. . ,; fi I to Asa �M1 n' v •r a Yid :�9 al o;wz x• t• ,4 ,• „ I• OALIFORNIA n•. r ar g+$ IS x^u e "li �II n dw �a �• 5rt •' s �. •!� a p�..� It ri I• j= < ry • Hxry � • A . z I• � F F a.v to Ir ca p'i. II ly xr. .10 I] r.S Z a4..❑ Ia"4a W Ia < Z It p $ iz Is �4i E la . la a•'t i4 la IS la "n to • • r a • a ] t { la 1) • m .aux.. -art n n a° a u to,F a/t to la J � pa' 7° Al ph p✓N Y p, 1],SI •yi Au iff I• I-0':' tv a n14 ze pi t] ,J'M t. . ,; fi I to Asa �M1 n' v •r a Yid :�9 al o;wz x• t• ,4 n • sa xN I• ar g+$ IS ■ • il,21 pso mxe ea a ea n ! er ei to C• n • sa xN ar g+$ IS x^u an "li �II n dw �a �• 5rt •' s �. •!� a p�..� 1 �S i]. Rdkr, r • pip! t ° m. II I _ oP ui t � --•�"; � I• I• '� Iii Z .� � �. w F SISTA .. a ... CHUL.A lIt 1 e 1 113 w J "•q ' t r • • 1 4 I e .r 2 g sa IS !]laL� !r i a'T ez a s LAGUNA d" ] • 10 11 � I � 1• M a t• al s° r• o 'r w i t < i d• � a J PALOMA _ '� le •3 a .+ ea +d d w u la u K '. to GAPUCHINO s aF o" la Slay �� ] �a i• :lo FII wu q � +.w E� GAMWo RFAL EXHIBIT "A" 1�FM.4N•a pNr11 1 to .r. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CRY/.TTORNET CITY OF BURLMGAME BOI PRIMROSE ROAD BURUH4 F.CALIF. 99010 EXHIBIT B STREET ADDRESS DESCRIPTION OF BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT 1000 to 1480 Broadway; 1190 California Drive; 1199 Chula Vista Avenue; 1188 El Camino Real. B CITY OF BURLINGAME SUMMARY OF ADOPTED ORDINANCE ESTABLISHING BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT Pursuant to Government Code Section 36933 (c)(1) following is a summary of Ordinance No. 1461 adopted June 1, 1992: Establishes Broadway Area Business Improvement District; defines categories of businesses; describes boundaries; establishes advisory board; sets annual benefit assessment and describes uses of funds; describes collection procedures and budget process; provides for "sunset" of district. AYES: COUNCILMEMBERS: HARRISON, LEMBI, O'MAHONY, PAGLIARO NOES: COUNCILMEMBERS: KNIGHT ABSENT: COUNCILMEMBERS: NONE A certified copy of said adopted ordinance is available in the City Clerk's office, 501 Primrose Road, Burlingame, California. 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Hold a Public Hearing; and 2. Adopt a Resolution confirming the assessments and ordering the levy for the Downtown Burlingame Avenue Streetscape Improvement Assessment District No. 2012-1 for fiscal year 2015-16. BACKGROUND At the April 2, 2012 meeting, the City Council initiated the proceedings to form the Downtown Burlingame Avenue Streetscape Improvement Assessment District No. 2012-1. The proceedings were conducted under the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (Act). Weighted ballots were sent via certified mail to the property owners on April 5, 2012. At the May 21, 2012 meeting, the City Council conducted a Public Hearing to tabulate ballots for the Assessment District. The results of the ballot showed no "majority protest", thereby allowing the City Council to order improvements, form the Assessment District, and levy assessments totaling $335,787 annually for 30 years to the downtown Burlingame Avenue property owners. Property owners were given the option to pre -pay their assessments to avoid paying annually. Five property owners have exercised this option. DISCUSSION The Engineer's Report is updated annually to reflect any changes that may have occurred to property configuration in the Assessment District. The Act requires an annual Public Hearing to confirm and levy the assessment. The Public Hearing will be held on May 18, 2015. There have been minor changes made to the assessments for 1301 and 1309 Burlingame Avenue. The changes are the result of a parcel map recordation that slightly changed the factors used in 1 Public Hearing to Renew the Levy and Collection of Assessments for the Downtown Burlingame Avenue Streetscape Improvements Project for Fiscal Year 2015-16 May 18, 2015 computing the assessment. The result is a decrease in the annual assessment of $54.95 for 1301 Burlingame Avenue, and an increase of the same amount for 1309 Burlingame Avenue. It should also be noted that both parcels are owned by the same property owner. FISCAL IMPACT The total assessment for fiscal year 2015-16 is $310,156, which reflects pre -payments by property owners. Funds collected through assessments will be used as part of debt payment for Burlingame Avenue Streetscape bonds. Exhibits: • Resolution • Staff Report dated May 4, 2015 for the Downtown Burlingame Avenue Streetscape Improvements Assessment District No. 2012-1 for Fiscal Year 2015-16 with attachments 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, CALIFORNIA, CONFIRMING THE ASSESSMENT AND ORDERING THE LEVY FOR THE DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENTS ASSESSMENT DISTRICT 2012-1 FOR FISCAL YEAR 2015-16 The City Council of the City of Burlingame does resolve as follows: WHEREAS, the Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") to establish the City's Downtown Burlingame Avenue Streetscape Improvements Project (the "Assessment District"); and WHEREAS, the City has, by previous resolution, declared its intention to hold a Public Hearing concerning the levy and collection of assessments within the Assessment District; and WHEREAS, a Public Hearing has been held and concluded and notice thereof was duly given in accordance with Section 22626 of the Act; and WHEREAS, at the time and place specified in the Resolution of Intention the City conducted such hearing and considered all objections to the assessment. NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE COUNCIL, AS FOLLOWS: 1. Confirmation of Assessment and Diagram: The Council hereby confirms the assessment and the diagram as is described in full detail in the Annual Report on file with the Clerk. 2. Levy of Assessment: Pursuant to Section 22631 of the Act, the adoption of this resolution shall constitute the levy of an assessment for the fiscal year commencing July 1, 2015 and ending June 30, 2016. 3. Ordering of the Levy: The Council hereby orders City staff to prepare and submit the levy of assessments to San Mateo County for placement on the Fiscal Year 2015-16 secured property tax roll, including executing any necessary and appropriate documents on behalf of the City to accomplish the levy and collection of assessments. Terry Nagel, Mayor I, Mary Ellen Kearney, 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 May, 2015 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Mary Ellen Kearney, City Clerk BURL AGENDA NO: 8f STAFF REPORT MEETING DATE. May 4, 2015 To: Honorable Mayor and City Council Date: May 4, 2015 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of Resolutions Initiating Proceedings for Renewing the Levy and Collection of Assessments for the Downtown Burlingame Avenue Streetscape Improvement Project for Fiscal Year 2015-16 RECOMMENDATION Staff recommends that the City Council adopt the attached resolutions to initiate proceedings for renewing the levy and collection of assessments for the Downtown Burlingame Avenue Streetscape Improvement Assessment District No. 2012-1 for fiscal year 2015-16 as follows: a. Initiate proceedings for the levy and collection of assessments for fiscal year 2015-16; b. Approve the Annual Engineer's Report for fiscal year 2015-16; and c. Declare the intention to levy and collect assessments for fiscal year 2015-16. BACKGROUND At the April 2, 2012 meeting, the City Council initiated the proceedings to form the Downtown Burlingame Avenue Streetscape Improvement Assessment District No. 2012-1. The proceedings were conducted under the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Califomia Streets and Highways Code (Act). Weighted ballots were sent via certified mail to the property owners on April 5, 2012. At the May 21, 2012 meeting, the City Council conducted a Public Hearing to tabulate ballots for the Assessment District. The results of the ballot showed no "majority protest", thereby allowing the City Council to order improvements, form the Assessment District, and levy assessments totaling $335,787 annually for 30 years to the downtown Burlingame Avenue property owners. Property owners were given the option to pre -pay their assessments to avoid paying annually. Five property owners have exercised this option. DISCUSSION The Engineer's Report is updated annually to reflect any changes that may have occurred to property configuration in the Assessment District. The Act requires an annual Public Hearing to confirm and levy the assessment. The Public Hearing will be held on May 18, 2015. There have been minor changes made to the assessments for 1301 and 1309 Burlingame Avenue. The changes are the result of a parcel map recordation that slightly changed the factors used in computing the assessment. The result is a decrease in the annual assessment of $54.95 for 1301 1 Resolutions for Initiating Proceedings for Renewing the Levy May 4, 2015 and Collection of Assessments for the Downtown Burlingame Avenue Streetscape Improvement Project for Fiscal Year 2015-16 Burlingame Avenue, and an increase of the same amount for 1309 Burlingame Avenue. It should also be noted that both parcels are owned by the same property owner. FISCAL IMPACT The total assessment for fiscal year 2015-16 is $310,156, which reflects pre -payments by property owners. Funds collected through assessments will be used as part of debt payment for Burlingame Avenue Streetscape bonds. Exhibits: • Resolution Approving Annual Report FY 2015-16 • Resolution Declaring Intention to Levy & Collect Assessments • Resolution Initiating Proceedings for Levy & Collections • Updated Engineer's Report for FY2015-16 • Staff Report — April 2, 2012, Downtown Burlingame Avenue Streetscape Improvements — Assessment District 2012-1 • Staff Report — May 21, 2012, Public Hearing to Form Assessment District for Downtown Burlingame Avenue Streetscape Improvements F RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, CALIFORNIA, APPROVING THE ANNUAL REPORT FOR THE DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENT PROJECT FOR FISCAL YEAR 2015-16 The City Council (the "Council") of the City of Burlingame (the "City") does resolve as follows: WHEREAS, the Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") to establish the City's Downtown Burlingame Avenue Streetscape Improvement Project (the "Assessment District"); and WHEREAS, the Council has, by previous resolution, ordered staff to prepare and file the Annual Report concerning the levy and collection of assessments within the Assessment District; and WHEREAS, staff has prepared and filed such Annual Report with the Clerk; and WHEREAS, the Council has reviewed the Annual Report. NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE COUNCIL, AS FOLLOWS: 1. Approval of Report: The Council hereby approves the Annual Report concerning the levy of assessments as submitted for the fiscal year commencing July 1, 2015 and ending June 30, 2016. Terry Nagel, Mayor I, Mary Ellen Kearney, 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 4th day of May, 2015 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Mary Ellen Kearney, City Clerk zi�YeIl4111[eLI►[0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENT PROJECT FOR FISCAL YEAR 2015-16 The City Council (the "Council") of the City of Burlingame (the "City") does resolve as follows: WHEREAS, the Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways, Code (commencing with Section 22500) (the "Act") to establish the City's Downtown Burlingame Avenue Streetscape Improvement Project (the "Assessment District"); and WHEREAS, there have been minor adjustments to the prior year Annual Report concerning the levy and collection of assessments within the Assessment District and these changes are noted in the Annual Report. NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE COUNCIL, AS FOLLOWS: 1. Intention: The Council hereby declares its intention to levy and collect assessments within the Assessment District to pay the costs of the Improvements for the fiscal year commencing July 1, 2015 and ending June 30, 2016. The Council finds that the public's best interest requires such action. 2. Improvements: The Improvements include, but are not limited to: streetscape items such as sidewalk, street and pedestrian lighting, trees and landscaping, seating, signage, kiosks, gateway treatments, site furnishings, and other parking improvements, appurtenant facilities, and soft costs. 3. Assessment District Boundaries: The boundaries of the Assessment District are as shown by the assessment diagram filed in the offices of the City Clerk, which map is made a part hereof by reference. 4. Annual Report: Reference is made to the Annual Report, on file with the Clerk, for a full and detailed description of the improvements, the boundaries of the Assessment District and the zones therein, and the proposed assessments upon assessable lots and parcels of land within the Assessment District. 5. Notice of Public Hearing: The Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments in accordance with Section 22629 of the Act. All objections to the assessment, if any, will be considered by the Council. The Public Hearing will be held on Monday May 18, 2015 at 7:00 pm or as soon thereafter as is feasible in the Council Chambers located at 501 Primrose Road, Burlingame, CA 94010. The Council further orders the Clerk to publish notice of this resolution in accordance with Section 22626 of the Act. 6. Increase of Assessment: The maximum assessment is not proposed to increase from the previous year above that previously approved by the property owners (as "increased assessment' is defined in Section 54954.6 of the Government Code). Terry Nagel, Mayor I, Mary Ellen Kearney, 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 4th day of May, 2015 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Mary Ellen Kearney, City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENT PROJECT FOR FISCAL YEAR 2015-16 The City Council (the "Council") of the City of Burlingame (the "City") does resolve as follows: WHEREAS, the Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") to establish the City's Downtown Burlingame Avenue Streetscape Improvement Project (the "Assessment District"); and WHEREAS, the Engineer's Report is updated annually ("Annual Report") to reflect any changes that may have occurred to property configuration in the Assessment District. NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE COUNCIL, AS FOLLOWS: Annual Report: The Council hereby orders staff to prepare and file with the Clerk the Annual Report concerning the levy and collection of assessments within the Assessment District for the fiscal year commencing July 1, 2015 and ending June 30, 2016. 2. New Improvements or Changes to Existing Improvements: There are no changes to existing improvements nor are there any items being added to the list of improvements previously approved at the formation of the Assessment District. Terry Nagel, Mayor I, Mary Ellen Kearney, 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 4th day of May, 2015 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Mary Ellen Kearney, City Clerk City of Burlingame Assessment District No. 2012-1, Downtown Burlingame Avenue Streetscape Improvement Project Engineer's Report City of Burlingame Fiscal Year 2016116 — Annual Report TABLE OF CONTENTS 1. EXECUTIVE SUMMARY 1-1 2. INTRODUCTION 2-1 2.1. Background of District..................................................................................2-1 2.2. Reason for the Assessment..........................................................................2-1 2.3. Establishment of the Assessment ........................................ ............. ............ 2-1 3. PLANS AND SPECIFICATIONS 3-1 3.1. Description of the Boundaries of the District.................................................3-1 3.2. Description of the District Improvement Project............................................3-1 3.3. Map of District Improvement Project ............................................... .............. 3-1 4. ESTIMATE OF COSTS 4-1 4.1. District Improvement Project Budget ............... ............................................. 4-1 5. SPECIAL AND GENERAL BENEFIT 5-1 5.1. Introduction .......... :........................................................ ......................... ....... 5-1 5.2. Identification of Benefit.................................................................................5-1 5.3. Separation of General Benefit......................................................................5-3' 5.4. Quantification of General Benefit .................................. ...................... .......... 5-4 5.5. Apportioning of Special Benefit .............................. ....................................... 5-5 6. METHOD ASSESSMENT 6-1 6.1. Assessment Budget........................................................ .............................. 6-1 6.2. Method of Assessment Spread ............................................. ........................ 6-2 6.3. District Improvement Project Debt Financing................................................6-2 6.4: Assessment Prepayment Formula ................. ............................................... 6-3 7. ASSESSMENT DIAGRAM 7-1 8. ASSESSMENT ROLL 8-1 On April 2, 2012, the City Council of the City of Burlingame, State of California, adopted Resolution No. 20-2012, a Resolution of the City Council of the City of Burlingame, California, Initiating Proceedings for Proposed City of Burlingame Assessment District No. 2012-1, Pursuant to the Landscape and Lighting Act of 1972 ("Resolution Initiating Proceedings") In connection with the formation of the assessment district known and designated as "Assessment District No, 2012-1, Downtown Burlingame Avenue Streetscape Improvement Project', (hereafter referred to as the "District"). The Resolution Initiating Proceedings directed NBS to prepare and file an Engineer's Report In connection with the formation proceedings for the District. This Engineer's Report includes the reason for the assessment, Identifies the parcels upon which the assessment is imposed, and presents a basis upon which the assessment Is to be calculated. The following assessment Is authorized In order to pay the estimated costs of the improvements, debt financing of the improvement costs and annual administrative costs to be paid by the assessable real property within the boundaries of the District In proportion to the special benefit received. The following table summarizes the assessment: Description Amount District Improvement Project Costs $11,770,664 Less: Allocation to General Benefit(1) (3,395,837) Subtotal: Allocation to Special Benefit $8,374,827 Less: Sewer and Water Enterprise Fund Contribution(2) $922,105) Less: Additional Contribution from Parking Enterprise Fund (2,977,722 Total Amount to be Specially Assessed $4,475,000 Annual Assessable Budget: Average Annual Debt Service Payment(3) $335,787 Total Annual Assessable Budget $335,787 (1) See Section 6.4. (2) Contemporaneously with the District Improvement Project, the City, using sewer and water enterprise funds, is replacing the sewer and water lines under Budingeme Avenue (the overall total cost for all projects is $15,921,549). A portion of the money for that project was allocated for patching the streets and sidewalks. Since the District Improvement Project will eliminate the need for patching, the $922,1051s being contributed to the District Improvement Project. (3) See Section 6.3, This annual report represents minor changes to the Fiscal Year 2014/15 annual report. These changes are noted on pages 5-10 and 8-2. Art Morimo o Assistant Public Works Director City of Burlingame Assessment District No. 2012-1 — City of Burlingame Fiscal Year 2015/16 1-1 2, INTRODUCTION 2.1. Background of District The City of Burlingame ("City') has undertaken, in coordination with planned utility Improvements, the Downtown Burlingame Avenue Streetscape Improvement Project ("District Improvement Project°). The District Improvement Project provides an opportunity for community stakeholders to plan and implement streetscape and sidewalk Improvements that will complement the evolving vision and needs of the Burlingame Avenue property owners, merchants and community. The District Improvement Project improves the public infrastructure that fronts property along Burlingame Avenue (and portions of certain side streets at intersections with Burlingame Avenue) between EI Camino Real and California Drive. Further, the District Improvement Project enhances the overall experience of merchants and visitors by creating a memorable Burlingame Avenue for shopping, dining and strolling. 2.2. Reason for the Assessment The assessment covered by this Engineer's Report will generate the assessment revenue necessary to provide for a portion of the public Improvements provided by the District Improvement Project and further described in Section 3.2 of this Engineer's Report. The District improvements may Include but are not limited to, all of the following: streetscape improvements, sidewalk Improvements, District financing costs, and administrative costs associated with the ongoing annual administration of the District. 2.3. Establishment of the Assessment The City formed the District and established assessments by complying with the procedures specified in Article XIIID and Proposition 218, In November 1996, the voters in the State of California added Article XIIID to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted, the opportunity to express their support for, or opposition to, the proposed assessment. The basic steps of the assessment ballot procedure are outlined below. The City prepared a Notice of Public Hearing ("Notice"), which describes, along with other mandated Information, the reason for the proposed assessments and provided a date, time, and location of a public hearing to be held on the matter. The City prepared an assessment ballot, which clearly gave the property owner the ability to sign and execute their assessment ballot either in favor of, or In opposition to, the assessment. The Notice and assessment ballot were mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown In the Notice. The City held community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the Notice and assessment ballot were mailed, property owners were given until the close of the public hearing, as stated in the Notice, to return their signed and executed assessment ballot. During the public hearing, property owners were given the opportunity to address the City Council and ask questions or voice their concerns. After the public hearing, the returned assessment ballots received prior to the close of the public hearing were tabulated, weighted by the proposed assessment amount on each property and the results were announced by the City Council. Article XIIID provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to enact the assessments as proposed. A majority Assessment District No. 2012-1— City of Burlingame 2-1 Fiscal Year 2015/16 protest exists if the assessments represented by ballots submitted In opposition exceed those submitted In favor of the assessment. All returned ballots were tabulated and weighted according to the financial obligation of each particular parcel. There wasn't a majority protest as described above and the City Council approved the Districtformation and assessments. The City Council will annually declare its Intention to levy and collect the assessments within the District and hold a public hearing concerning such levy of assessments. At which time all Interested persons shall be afforded the opportunity to hear and be heard. Assessment District No. 2012-1 — City of Burlingame 2-2 Fiscal Year 2015/16 The District provides for various Burlingame Avenue streetscape and sidewalk improvements located within the public right-of-way and dedicated easements within the boundaries of the District. 3.1. Description of the Boundaries of the District The boundaries of the District include properties located along Burlingame Avenue within the City. The District runs along Burlingame Avenue and is bounded on the east by California Drive and on the west by EI Camino Real. The City will not provide public improvements from the District Improvement Project to any area located outside of the District boundaries. Section 7 of this Engineer's Report provides an assessment diagram that more fully provides a description of the District's boundaries and the parcels within those boundaries. 3.2. Description of the District Improvement Project The District Improvement Project includes streetscape Items such as sidewalk, street and pedestrian lighting, trees and landscaping, seating, signage, kiosks, gateway treatments, site furnishings, and other parking improvements, appurtenant facilities, and soft costs. The District Improvement Project provides for public improvements to be distributed throughout the entire District, and as such, is of direct and special benefit to the parcels within the District. The District Improvement Project consists of a classic design style with touches of traditional and contemporary design. This desired design style will create a structured, timeless design with patterned, elegant materials consistent throughout the Burlingame Avenue area, Not only does the District Improvement Project provide necessary street improvements, but it allows for an increase in pedestrian space along Burlingame Avenue. To allow for this additional pedestrian space, parallel parking will replace the existing angled parking. The change from angled parking to parallel parking will allow for an expanded 16 foot width of sidewalk area on both sides of Burlingame Avenue, This additional sidewalk area can provide sufficient space for seating, art features, landscaping, and lighting. Burlingame Avenue will be maintained with two-way traffic and 10 foot wide travel lanes. The parallel parking stalls, with a parking assist.zone, will have a width of nine feet. The parking assist zone allows for car door openings and limited bike through lanes along Burlingame Avenue. At the intersection corners along Burlingame Avenue. bulb -outs are proposed to allow for additional pedestrian areas. In addition to providing an enhanced pedestrian area, the corner Intersection bulb -outs will reduce pedestrian crossing distances. As an additional safety feature, the crosswalks will be of a different construction material than the street surface to provide a warning for traffic to slow down. The District Improvement Project Includes asphalt paving In the roadway and concrete for the parking assist zones. The sidewalks, corner intersection bulb -outs, cross walks, Intersections and parking areas will be constructed of concrete pavers. Trees, street lights with limited features and other public furnishings will also be included throughout the District. 3.3. Map of District Improvement Project The following map provides the approximate location (for reference only — may not include all) of the improvements provided by the District Improvement Project throughout the District. Assessment District No. 2012-1 — City of Burlingame Fiscal Year 2015/16 3-1 a 41 a u u _ 0 u m r. p 4J u 0 0 o. _ E 0 i a m a u u i v Q a W .i 7 4. ESTIMATE OF COSTS The estimated cost of the District Improvement Project as more fully described in Section 3 of this Engineers Report is outlined below. 4.1. District Improvement Project Budget The following table provides the budget for the District Improvement Project. Refer to Section B for more detail on the financing plan and the annual assessment budget. Description Amount District Improvement Project Costs Vehicle Roadway and Parking $1,525,392 Pedestrian Sidewalk 5,880,307 Intersections and Crosswalks 796,036 Pedestrian Access Control 501,535 Construction Phasing 398,717 Construction Contingency 1,305,490 Construction Management 881,261 Professional Design Fees 322,439 Construction Engineering 159.487 Total District Improvement Project Costs $11,770,664 Contemporaneously with the District Improvement Project, the City, using sewer and water enterprise funds, is replacing the sewer and water lines under Burlingame Avenue (the overall total cost for all projects Is $15,921,549). By completing the District Improvement Project in coordination with the utility improvements, It will save significant project costs and minimize the construction impacts to property and businesses along Burlingame Avenue. A portion of the planned utility Improvement budget, $922,105, is allocated for patching the streets and sidewalks. Since the District Improvement Project will eliminate that need for patching, the $922,105 is being contributed to the streetscape project from the sewer and water enterprise funds and thus will not be specially assessed. Thus, overall, the District Improvement Project will be funded by state gas tax, Measure A funds, grant funds, sewer and water enterprise funds, the parking enterprise fund,.and revenues from District special assessments. Assessment District No. 2012-1— City of Burlingame 4-1 Fiscal Year 2015/16 5. SPECIAL AND GENERAL BENEFIT 5.1. Introduction Pursuant to Article MID, all parcels that receive a special benefit conferred upon them as a result of the Improvements shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the Improvements. Division 12 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by local agencies for the purpose of providing certain public improvements necessary or convenient for providing certain public services. Section 22573 of the Landscape and Lighting Act of 1972 requires that assessments must be levied according to benefit rather than according to assessed value. This Section states: 'The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article MID also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Examples of parcels exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. Furthermore, Proposition 218 requires that the City separate the general benefit from special benefit, so only special benefit may be assessed. 5.2. . Identification of Benefit The District Improvement Project will provide benefits to both those properties within the District boundaries and to the community as a whole. The benefit conferred to property within the District can be grouped into three primary benefit categories; aesthetic benefit, safety benefit, and economic activity benefit. The three District benefit categories are further expanded upon in each section below. Aesthetic Benefit The aesthetic benefit relates to the increase In the overall aesthetics as a result of the District Improvement Project The District Improvement Project will provide public street and sidewalk infrastructure beautification throughout the District that will enhance the overall Image and desirability of the properties within the District. Burlingame Avenue streetscape improvements within the District were last completed back in the early 1960s. Since that time, the public facilities have deteriorated. The following aesthetic benefits will be provided as a result of the District Improvement Project: • The District Improvement Project will enhance the community identity of the Burlingame Avenue area, which will lead to a stronger and healthier street corridor. The image of the Burlingame Avenue area will be increased by correcting the visual clutter such as trash containers and news racks that currently encroach on the pedestrian area. e Uniform and up to date streetscape and sidewalk improvements will create cohesion throughout the District from EI Camino Real to California Drive. This District cohesion will enhance the retail experience as well as encourage maximum use of space. Assessment District No. 2012-1 — City of Burlingame 5-1 Fiscal Year 2015/16 _ ...... , ...... _ ......... f� is Upgraded streetscaping and sidewalk amenities provided by the District Improvement Project will enhance the appearance, desirability, and "livability" of the property directly fronting the improvements provided throughout the District. As a result of the District Improvement Project, the overall "livability" of the District will Increase. "Livability" encompasses several qualities and characteristics that are unique to a specific area. The Victoria Transport Policy Institute (www.vtpi.org) expands on the concept of "livability" and the various benefits associated with that designation: "The livability of an area increases property desirability and business activity. Livability Is largely affected by conditions in the public realm, places where people naturally interact with each other and their community, including streets, parks, transportation terminals and other public facilities. Livability also refers to the environmental and social quality of an area as perceived by employees, customers and visitors. This includes local environmental conditions, the quality of social interactions, opportunities for recreation and entertainment, aesthetics, and existence of unique cultural and environmental resources." Safety Benefit The District Improvement Project will provide an Increased level of safety to the property, businesses and visitors to the District. Additionally, the District Improvement Project will help mitigate potential criminal activity throughout the District area. The following safety benefits will be provided as a result of the District Improvement Project: • The District Improvement Project will repair uneven and deteriorating sidewalks within the District. Improvements to the existing sidewalk infrastructure will reduce the number of future trip and fall occurrences potentially occurring in front of District property. • The District Improvement Project will provide better lighting throughout the Burlingame Avenue area. The improved lighting will ensure that sidewalks, streets, and property fronts are more visible. This increased level of visibility will reduce the opportunities for vandalism to property within the District. • Wider sidewalks provide additional space between vehicle and property as well as vehicle and pedestrian, which provides a safety benefit for both property and pedestrian. • Traffic calming Improvements can reduce automobile traffic and speeds, which in tum, increases the safety for vehicular passengers, pedestrians, and other non -motorized travels. The streetscaping strategies utilized In the development of the District Improvement Project will provide numerous safety benefits to property and people throughout the District. Again, the Victoria Transport Policy Institute (www.vtpi.org) notes the safety benefit attributable to streetscaping improvements: "Several studies indicate that common streetscaping strategies, such as landscaping and narrowing traffic lanes, tend to increase traffic safety. Streetscaping that reduces traffic speeds and improves pedestrian crossing conditions can significantly reduce collisions. Research by the U.S. Highway Safety Research System concludes that road diets (arterial street traffic calming) typically reduce crash rates by 47% on major highways through small urban areas, by 19% on corridors In larger city suburban areas, and 29% overall." Assessment District No. 2012-1 — City of Burlingame 5-2 Fiscal Year 2015116 Economic Activity Benefit The economic activity benefit relates to the Increase in the District's economic activity and further potential as a result of the District Improvement Project. The economic activity for property within the District can best be described as the ability for the property within the District to develop and operate at the property's highest and best use. Properties within the District will receive the following economic activity benefits as a result of the District Improvement Project: • The District Improvement Project will revitalize the Burlingame Avenue area. This revitalization will encourage new business development and existing business expansion which will reduce vacancy rates and Increase lease rates for property within the District. • The planned streetscaping Improvements will encourage an Increase in commerce throughout the District. The Burlingame Avenue area will become more pedestrian friendly, thus improving customer activityfor stores and restaurants. The streetscaping improvements not only add economic value to property adjacent to the improvements, but the improvements make the property appear more stable and prosperous. The National Complete Streets Coalition (www.completestreets.org) notes that: "Street design that is inclusive of all modes of transportation, where appropriate, not only improves conditions for existing businesses, but also is a proven method for revitalizing an area and attracting new development. Washington, DC's Barracks Row was experiencing a steady decline of commercial activity due to uninviting sidewalks, lack of streetlights and speeding traffic. After many design improvements, which Included new patterned sidewalks, more efficient public parking, and new traffic signals, Barracks Row attracted 44 new businesses and 200 new jobs. Economic activity on this three-quarter mile strip (measured by sales, employees, and number of pedestrians) has more than tripled since the inception of the project." 5.3. Separation of General Benefit Section 4 of Article MID of the California Constitution provides that once a local agency which proposes to impose assessments on property has Identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included In the amount of the assessments Imposed. General benefit is an overall and similar benefit to the public at large resulting from the improvements to be provided by the assessments levied. The District Improvements, which are more fully presented in Section 3.2 of this Engineer's Report, will be constructed and provided within the District boundaries only. There will be no improvements from the District Improvement Project constructed outside of the District boundaries. The District Improvement Project will provide aesthetic, safety, and economic benefits to the property within the District, but it Is recognized that the District Improvement Project will also provide a level of benefit to some property and businesses within proximity to the District, as well as visitors and individuals passing through the District. Vehicular and pedestrian traffic from property within and outside of the District as well as individual passing through the downtown Burlingame Avenue area will be able to utilize the improvements to not only access property and businesses located within a close proximity to the District, but also roadways located outside of the District. Therefore, the general benefit created as a result of the District Improvement Project has been considered. Assessment District No. 2012-1 — City of Burlingame 5-3 Fiscal Year 2015/16 5.4. Quantification of General Benefit In order for property within the District to be assessed only for that portion of special benefit received from the District Improvement Project, the general benefit provided by the District Improvement Project needs to be quantified. The amount of general benefit provided from the District Improvement Project cannot be assessed to the benefitting properties within the District. To quantify the general benefit provided to the variety of traffic that passes through the District for the general benefit of enjoying the surrounding atmosphere, observing the level of economic activity, or accessing adjacent property or arterial streets In a more efficient and safe manner, both vehicular and pedestrian traffic flows have been incorporated In the quantification of general benefit. Veh Icular Traffic Activity Access to the Burlingame Avenue commercial core area is provided by major north -south arterials. Those major arterials are EI Camino Real to the west of the District and California Drive to the east of the Dlstdct Collector streets feed traffic to these and other arterials throughout the City, As such, Burlingame Avenue is considered a collector street within the City. in 2010, the City adopted the Burlingame Downtown Specific Plan ("Specific Plan"), The Specific Plan Included a Traffic Impact Analysis Technical Memorandum ("Traffic Analysis") prepared by Wilbur Smith Associates, This Traffic Analysis evaluated existing traffic conditions at various points throughout the project area. One point evaluated by the consultants was existing travel conditions at the intersection of Burlingame Avenue and Park Road. The Traffic Analysis evaluated, among other characteristics, traffic counts, turning movement data, vehicle delay, and level of service for each intersection, Existing conditions for the project area intersections, including the Burlingame Avenue Intersection, were evaluated during a weekday, evening peak hour timeframe. There were 664 observed traffic counts at the Intersection of Burlingame Avenue and Park Road. Park Road terminates at Burlingame Avenue requiring traffic to either tum left or right onto Burlingame Avenue. in addition to the Traffic Analysis, Information related to vehicle trips by purpose was used from the Summary of Travel Trends 2009 National Household Travel Survey ("2009 NHTS") sponsored by the U.S. Department of Transportation Federal Highway Administration. Of the observed 2,171 vehicle trips in the 2009 NHTS survey, 643 trips represented social, recreational and other travel purposes; the remaining 1,425 vehicle trips represented work, shopping and other errands. Applying this vehicle trip breakdown to the observed traffic counts at the intersection of Burlingame Avenue and Park Road, 207 of the traffic counts represent social, recreational and other travel purposes not directly related to District activities but more likely utilizing Burlingame Avenue as a collector street to feed to one of the adjacent arterial streets, This non -District related traffic count represents approximately 31.20% of the total observed traffic counts and is considered to be general benefit from the District Improvement Project. Pedestrian Traffic Activity As result of the sidewalk Improvements and beautification provided by the District Improvement Project, there will be a level of benefit to those pedestrians not Involved with any of the shopping, dining, or other commerce activities provided by the District properties. People walk for a variety of reasons; work, errands, shopping, recreation, health, and many others. Further, pedestrians will seek out and utilize sidewalk facilities that provide a safe place to walk as well as an environment that provides a certain amount of visual interest. Again, the 2009 NHTS analyzed the annual number of walking trips and the purpose of the walking trips made by Individuals surveyed. Of the annual total 40,962 (in millions) walking trips, 30,129 of those walking trips were for travel, work, shopping, errands, business obligations, and meals; the remaining 10,633 walking trips were for social, recreational, and other purposes. The social, recreational, and other purpose walking trips represented 26.5% of the total walking trips reported. Therefore, to account for that portion of the Burlingame Avenue pedestrian activity utilizing the improvements provided by the District Improvement Project for non -District related activities, 26.50% of pedestrian traffic activity is considered to be of general benefit Since the District Improvement Project will provide a blend of both vehicular and pedestrian activity the two categories must be addressed in a collective form rather than Independently. Therefore, to appropriately quantify the overall level of general benefit provided by the District Improvement Project the Assessment District No. 2012-1 — City of Burlingame 5-4 Fiscal Year 2015/16 arithmetic mean of the general benefit percentages from the vehicular traffic activity and the pedestrian traffic activity has been calculated. This general benefit result Is provided in the table below. Description Percentage General Benefit 28.85% Accordingly, 71.15% of the benefits from the District Improvement Project are considered to provide special benefits to the properties within the District and thus could be subject to assessment therein. 5.5. Apportioning of Special Benefit As outlined above, each of the parcels within the District is deemed to receive special benefit from the District Improvement Project. Each parcel that has a special benefit conferred upon it as a result of the District Improvement Project is identified and the proportionate special benefit derived by each identified parcel is determined In relationship to the entire cost of the District Improvement Project. Benefit Point Assignment Aesthetic Benefit Points Aesthetic benefit points are assigned' based upon not only the property's location to the District Improvement Project, but also the property's zoning designation, All District parcels are located within the Burlingame Avenue Commercial District, which has a commercial zoning designation. Additionally, since the District Improvement Project is provided uniformly throughout the District all properties within the District are within the same proximity to the location of the infrastructure provided by the District Improvement Project. Therefore, the aesthetic benefit to each parcel In the District is deemed to be the same. Each property within the District is assigned one (1.00) benefit point for the aesthetic benefits received from the District Improvement Project. Safety Benefit Points The safety benefit points are assigned based upon not only the property's location to the District Improvement Project, but also the property's zoning designation. All District parcels are located within the Burlingame Avenue Commercial District, which has a commercial zoning designation. Additionally, since the District Improvement Project is provided uniformly throughout the District all properties within the District are within the same proximity to the location of the infrastructure provided by the District Improvement Project. Therefore, the safety benefit to each parcel in the District Is deemed to be the same. Each property within the District is assigned one (1.00) benefit point for the safety benefits received from the District Improvement Project. Economic Activity Benefit Points The economic activity benefit points are assigned based upon not only the property's location to the District Improvement Project, but also the property's zoning designation. All District parcels are located within the Burlingame Avenue Commercial District, which has a commercial zoning designation. Additionally, since the District Improvement Project is provided uniformly throughout the District all properties within the District are within the same proximity to the location of the infrastructure provided by the District Improvement Project. Therefore, the economic activity benefit to each parcel in the District is deemed to be the same. The Burlingame Avenue Commercial District is already a well-established commercial district with a strong economic activity presence. The Burlingame Avenue area features a mixture of restaurants, national retail stores, and many locally based retailers, Marketing and promotional efforts to increase the economic presence of an expanded area that Includes the District boundaries Is currently being funded by the Burlingame Avenue Downtown Business Improvement District ("DBID"). In an effort to increase the economic presence, business owners within the DBID pay an annual assessment to fund various activities that aid in the promotion, advertising and Image building of the businesses within the DBID boundaries. Existing marketing and promotional activities throughout the District area have resulted in highertenant lease rates. According to Loopnet.com on March 23, 2012, the Assessment District No. 2012-1 — City of Burlingame 5-5 Fiscal Year 2015/16 average lease rate along Burlingame Avenue is approximately 45% higher than the average lease rate along the City's Broadway Avenue, another commercial area. Retail sales are also strong within the District, according to City Economic Development data, with sales per square foot generally ranging from $300 to $800+ per square foot. Further, there have been a few new buildings constructed in the downtown In recent years and several major remodels of existing buildings to accommodate new retail uses generally limited to tenant improvements. Given this already existing strong economic activity presence throughout the District, as well as the potential for property to further develop and enhance their economic presence, each property within the District is assigned one-half (0.50) benefit point for the economic activity benefits received from the District Improvement Project. The following table provides a summary of the special benefit points assigned to each parcel within the District. Parcel Factors The method of apportioning the benefit to the parcels within the District reflects the proportional special benefit assigned to each property from the District Improvement Project based upon the various property characteristics for each parcel as compared to other properties within the District. As part of the special benefit analysis various property characteristics were analyzed Including parcel size, street frontage, building size, land use, trip generation etc. Given that the special benefits provided by the District Improvement Project focuses on aesthetic benefit, safety benefit, and economic activity benefits it was determined that linear frontage and lot square footage are the most appropriate parcel factors. Each parcel's linear frontage and lot square footage have been used as the primary assessment variables for the calculation and assignment of parcel factors. By adjusting the assigned special benefit points set forth above by parcel factors, a more complete picture of the proportional special benefits received by each parcel from the District Improvement Project is presented. Therefore, linear and lot parcel factors were calculated for each parcel in the District according to the formulas below: Linear Factor Pursuantto.Section 25.32.050 of the City's Zoning Code for the Burlingame Avenue Commercial District, each lot shall have a street frontage of at least 50 feet. Utilizing the prescribed street frontage as set forth in the City's Zoning code, a linear factor Is calculated for each parcel based upon the assigned linear frontage for the parcel divided by 50.00; Linear Factor Aesthetic Safety Economic Parcel Land Use Benefit Point Benefit Point Activity Benefit Classification Assignment Assignment Point Asst nment All District Parcels 1.00 1.00 0.50 Parcel Factors The method of apportioning the benefit to the parcels within the District reflects the proportional special benefit assigned to each property from the District Improvement Project based upon the various property characteristics for each parcel as compared to other properties within the District. As part of the special benefit analysis various property characteristics were analyzed Including parcel size, street frontage, building size, land use, trip generation etc. Given that the special benefits provided by the District Improvement Project focuses on aesthetic benefit, safety benefit, and economic activity benefits it was determined that linear frontage and lot square footage are the most appropriate parcel factors. Each parcel's linear frontage and lot square footage have been used as the primary assessment variables for the calculation and assignment of parcel factors. By adjusting the assigned special benefit points set forth above by parcel factors, a more complete picture of the proportional special benefits received by each parcel from the District Improvement Project is presented. Therefore, linear and lot parcel factors were calculated for each parcel in the District according to the formulas below: Linear Factor Pursuantto.Section 25.32.050 of the City's Zoning Code for the Burlingame Avenue Commercial District, each lot shall have a street frontage of at least 50 feet. Utilizing the prescribed street frontage as set forth in the City's Zoning code, a linear factor Is calculated for each parcel based upon the assigned linear frontage for the parcel divided by 50.00; Linear Factor = Parcel's Assigned Linear Street Frontage There are several parcels located at street Intersections within the District, The District Improvement Project partially extends along the side streets at these intersections with Burlingame Avenue. To account for the partial extension of the District Improvement Project at each street intersection, the side street linear frontage has been added to each comer parcel to account for this increased linear frontage adjacent to the District Improvement Project. Assessment District No. 2012-1 — City of Burlingame 5-6 Fiscal Year 2015/16 Lot Factor Pursuant to Section 25.32.050 of the City's Zoning Code for the. Burlingame Avenue Commercial District, each lot shall have an area of at least 5,000 square feet. Utilizing the prescribed lot square footage as set forth in the City's Zoning code, a lot factor is calculated for each parcel based upon the assigned lot square footage for the parcel divided by 5,000: Lot Factor = Parcel's Assigned + 5,000 Aesthetic Points Parcel's Total Economic Lot Square Footage x Aesthetics Points Total Special Benefit Point Calculation Parcel's Total Special Benefit = Parcel's Total + Parcel's Total Aesthetic Points Parcel's Total Economic Points x Aesthetics Points Safety Points Activity Points Parcel's Total Aesthetic Points The District Improvement Project, as well as the store and property fronts that are adjacent to those linear improvements will provide an enhanced level of Interest and "curb appeal" that will add to the overall experience along Burlingame Avenue. Since the planned improvements and furnishings are uniform throughout the District, the "curb appeal" will be consistent for the front of each parcel located within the District. Additionally, the uniform landscaping will aid in softening the surrounding edges of each parcel's front exposure to the District Improvement Project by adding life, color and texture to the property's appearance and overall pedestrian experience. Given the linear nature of the aesthetic benefits provided by the District Improvement Project, the aesthetic benefit that each property receives is also perceived on a linear basis. To appropriately quantify and assign the aesthetic benefit received by each parcel within the District, the aesthetic benefit point is further adjusted according to the formula below: Parcel's Total _ Aesthetic Benefit x Linear Factor Aesthetic Points _ Points Assigned x Linear Factor Parcel's Total Safety Points The District Improvement Project will provide enhanced lines of travel and sight along Burlingame Avenue, which will increase the level of safety by mitigating potential accidents and crime by having the additional exposure to property and traffic. The lighting Improvements will also Increase the visual sight line by providing additional exposure to property fronts, especially during the evening hours. This additional exposure will reduce the potential for crime and vandalism to the front of property throughout the District. Further, the sidewalk and parking zone along Burlingame Avenue will provide a buffer for traffic and the property frontage. Again, given the linear nature of the safety benefits provided by the District Improvement Project, the safety benefit that each property receives Is also perceived on a linear basis. To appropriately quantify and assign the safety benefit received by each parcel within the District, the safety benefit point is further adjusted according to the formula below: Parcel's Total _ Safety Benefit x Linear Factor Safety Points Points Assigned Parcel's Total Economic Activity Points The District Improvement Project will create a more pedestrian friendly and inviting Burlingame Avenue environment that will support and encourage additional commerce activity throughout the District. The improvements will allow parcels within the District to develop and redevelop to their highest and best use In accordance with City zoning and development regulations. However, the one limiting property characteristic that constrains a parcel from developing to the highest and best use is the size of the parcel itself. The size of a parcel limits the amount of development and redevelopment that may occur on the footprint of the parcel. Larger parcels allow for greater area to develop and redevelop than do smaller Assessment District No. 2012-1 — City of Burlingame 5-7 Fiscal Year 2015(16 parcels, which corresponds to larger parcels receiving proportionally greater economic activity benefit when compared to smaller parcels within the District. Therefore, the economic activity benefit for parcels in the District is In direct proportion to the size of the parcel. Since the economic activity benefits are in direct relation to the size of a parcel, then the economic activity benefits provided by the District Improvement Project is also perceived on a parcel size basis. To appropriately quantify and assign the economic activity benefit received by each parcel within the District, the economic activity benefit point is further adjusted according to the formula below: Parcel's Total Economic _ Economic Activity x Lot Factor Activity Points Benefit Points Assigned Data Considerations and Parcel Changes The use of the latest San Mateo County Assessor's Secured Roil Information served as the basis in determining each parcel's linear frontage and lot square footage, unless better data was available to the City. In addition, If any parcel within the District is Identified by the San Mateo County Auditor/Controller to be an invalid parcel number, the linear frontage and lot square footage of the subsequent valid parcel shall be the basis for assigning the future total special benefit points. If a single parcel subdivides into multiple parcels, the total special benefit points shall be apportioned based on the linear frontage and lot square footage of the newly created parcels, Total Special Benefit Points The total special benefit points assigned to the parcels in the District Is 183.28, The following table provides a breakdown of the total special benefit point assignment for each parcel in the District: Assessment District No. 2012-1— City of Burlingame Fiscal Year 2015/16 I. r O M O n M m N T O N M rmmo<MmnmMn< IW cVMI�NrTfOM 2 m N Pl W N O M fNO•MNS{N9r1i N ai m [V m m pl NM r M Nd M YrNrNrN M M fV M fq O) m mODNm M li — O. N C V' to Wma •E� NooWp�oMomgwmUmmnincon�nmMMou>`ovWWM M m O W W W W M m W N M N o p m m m O ao V' O O r n m M O r d O T O r 0 r r o r N 0 0 0 O O O do O ONO 00 r 0 O 0 0 0 6 r;� O O r 0 C OM W ;C D >a o � r a •wk�YOS0000� cRq ss}} W CR RNMgci w W NNot wO•n ^ W M0, 0Qop! {� W Sm�O p r(y p� C C tV [V-0.. rr 0�.-r Nrrr c=o r CV rr ro'>N OG N< F -NN a m V w VO•OOOOOO�OMNfO hNMc7 N oo mNNOwmATm S�OOOr�Ohm n7 rNNrorre-r O«r(yr �-OrNr �-N1 (V 00 •N p�00OW1, N� m<Mtm+l fmD�hNO NO oNYOf• tmp•hrhr Oa Nw �OrnOm ww Y7v w`D J � ONNrr rN N+-M�fi •-0r «�=rrrr�O<00 Nrr(V <rOOfV th 00 N�- LL m L W�rNIW`•Oni Mmm mn W W W �(Cppp ��pp Rog W s� npO mOpM (NNN�ppW m<n p8 �pp�OD MN W mO nom �O OOimM000NNfVOmWn w W ONDn NIS St+1NN OmJS�MIDNnrO'd pfC 1` os 0V;` V) V m"i W o(O�I�f7S W W M MthWMM cm m0 NIh 0 < r �'h' LL N p V;000OOO��Noryr�N cq ON000�t`7op pN OegNcqNL ��o N� 3 LL S SOD O S S S S S S O S Sp S Wp O Oq D O O O N m So O o 0 0 0 O 0 0 0 N grs�j Q n040,�u07 i0f1N hamm�rw(OD W p It IOD (DDOr uJ W w W mom s0� M NN C V V1Nmm0 om]tp0 LL 000p o00000000poop0000ppp000 �O �O�mN�u�mm�mmmmmY7m �n ug vi �:im V1 o �ONmmLO o 0 W o o inmNm o o o po mLO O C O o° 00 O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 6 0 0 6 O 0 0 0 0 ac W m Yi 00 000 OS O O 00 O O O O O O 000000 OOOOO S O O O O O O O O O 0 O O O O O O S C r r r r T< T r r r « r T< r r Y a< m •°ay_gSSSSooSo$SOSSSSooaogSog$000000000gS0000 C• tea%.=ter «rr r r<rr rr�-rrrr� rr «r'-<rrrrr< QpOpa° � �..NM V mmnm W � o��r�m� W W NNNNNN NN NN NNMMON'1 m �}tO i9m om7M MPW'1 y l O rNN O O O NNNNNMM O O O p m Om O Oi W O N$ O W O NN O N ON O O O rNM o M o W O NOM O OO sF O^ t0 Om S p N f00 r pW p N odm dN � � �� " N � � NNN � N ��?'7'? L 4 44R��?'7"t'7pR O E,V NN N N N N N �O N N N �m N N t�' �D Y] w a 000000 r 000 0000 3 }�°•zdd�o>o>d,mdN�mmmo�o>d� T`m o, d, 221 d� N dN�dN, oS N N N 0 N N N 8 N N dN, N oNS N d�d>d�oS N N N ` 0 0 0 0 0 0 o O o 0 o O o 0 0 0 8 a o 0 O o 0 6 O o g 0 0 0 0 o O 6 O o 0 c 0 O M O n M m N T O N M rmmo<MmnmMn< IW cVMI�NrTfOM 2 Y SIC l3 W cl OO v, Nip 4)h MM NN �p M'Y vNv00� n(O 41 Op�pp P'�x`x O � C Cr<P1 T O) f`1N N NcV f0 O a W Fume V d a m E a Ed Nryvvu�v`QO1l N 'O O a. d N 0 0Q000000oor V E 0 c e �mLufa .O a v S m N E @ m 0, a om = 0 m ay U °YSc 23LL N c� � 0 � 0 Z F o• N N (n U tp No O J mE-a �N m acs `o E } 'p C C LL O U x LL 13407 xp 4�J O� SS W MOc7 Lj C CpC�r�00 <i`!lV pi^ p�l F CO A�a� 4753 U O2 W p010OD, m yC O O r '- r O O r N N W ci ma C�nio oon wm- �V WWM mo< 'g000cr00r<am* m LL p�W(p� 4714 OOOOOIpSnS Nh47 tp 4)a0 pp d' V G ..I'g C414 V V Nvv Nord' 4)N o0 C O O Iq R O O OR lV O p 0 0 0 N S SS S 0f7, (i at q d N NN NNr4�4a h N 4,a��O fOpN r r r N LL i'/ 0000000 4gtp 04t 4) N4) 000 O4) o v C 0 0 0 0 0 0 0 0 0 0 0 N p N IL �' w Wad m Y �i X13 O 0q O O O000 O O O 0 0 0 0 0 �N ,00000 n 00 m 0 000000 ooaoo ��y000000 ,00000 mo a � �d'dN"NV'V OV1 V Vd'�f7 y� cQiv 00000 wrn��yd7jj'� 07 0y yQ}Qu�ca44o}}nr 0 0 0 Q m yy N O O O O O O O N }3 4d1 LL N N N N N N N N N N N N N N N N p ~ 0 0 Ndl 0 Na 0 0 0 0 N 0 0 0 NC6 0 O C L6 d 0 T O) N f0 O a W v V d a m E a o N 'O O a. d N < V E 0 c .O a v S m N E @ m 0, a om = 0 m ay U °YSc 23LL N c� � 0 � 0 Z F o• N N (n U tp No O J mE-a �N m acs `o E } 'p C C LL O U x LL 6.1. Assessment Budget In order to assess the parcels within the District for the special benefits received from the District Improvement Project, the general and special benefits must be separated. As previously quantified in Section 5.4 of this Engineers Report, the general benefit received from the District Improvement Project is 28.85%. Accordingly, 71.15% of the benefits from the District Improvement Project are considered to provide special benefits to the properties within the District and thus could be subject to assessment therein. However, as shown below, because of contributions from various funds available to the City, Including the sewer, water and parking enterprise funds, Measure A funds, and grant funds, only 38,02% of the District Improvement Project costs are being specially assessed. Reducing the District Improvement Project costs by these contributions, the total District Improvement Project costs to be specially assessed is as follows: Description Amount Total Net District Improvement Project Costs $11,770,664 Less: General Benefit Contribution (28.85%) (3,395,837) Subtotal —portion of Budget Assessable for Special Benefit $8,374,827 Less: Sewer and Water Enterprise Fund Contribution ($922,105) Less: Additional Contribution from Parking Meter Revenue (2,977,722) Total District Improvement Project Costs Assessed for Special Benefit(1) $4,475,000 Annual Assessable Budget (including additional financing costs): Average Annual Debt Service Payment for District Improvement Project Costs $335,787 Total Annual Assessable Budget $335,787 t i i i ms pomon or me ursrnct improvement rroiect t:osts vns oe Tmancea over a perioa or du years. The City will advance the funds for the total District Improvement Project Costs assessed for special benefit and will use the assessment revenues to repay itself, over a period of 30 years, for the Districts portion of that cost, $4,475,000, plus the City's estimated financing and interest costs. Section 6,3 of this Engineers Report provides the basis of the average annual debt service payment used to establish the annual assessments. Assessment Rate per Special Benefit Polnt The assessment rate per special benefit point is calculated by dividing the total annual assessable budget by the total special benefit points assigned to the parcels In the District. The following formula provides the assessment rate per special benefit point calculation: Total Annual Assessable Budget / Total Special Benefit Points = Assessment Rate per Special Benefit Point $335,7871183.28 = $1,832.10 Assessment District No. 2012-1 — City of Burlingame Fiscal Year 2015/16 6-1 _ . ................... _. The total amount of financed District Improvement Project costs, which has been determined to provide special benefit to parcels within the District, will be assessed over a period of 30 years. The individual assessments are shown on the assessment roll in Section 8 of this Engineer's Report. 6.2. Method of Assessment Spread The method of assessment is based upon a formula that assigns the special benefit to each parcel, with special benefit points being adjusted by parcel linear and lot factors. The formulas below provide a summary of the annual assessment calculation for each parcel in the District. (A) Parcel's Parcel's Assigned Aesthetic (D) Total Aesthetic = Benefit Points (1.00) X Linear Factor Points TB) Parcel's Parcel's Assigned (D) otal Safety = Points Safety Benefit Paints (1.00) x Linear Factor Parcel's Total Economic Parcel's Assigned Economic X Activity Benefit Points (0.50) (E) Lot Factor Activity Points (D) __ Parcel's Assigned f 50.00 Linear Factor Linear Frontage (E) _ Parcel's Assigned 5,000 Lot Factor y Lot Square Footage (F) Parcel's Total Special (A) (B) (C) Benefit Points Parcel's Total + Parcel's Total + Parcel's Total Economic Aesthetics Points Safety Points Activity Points I I (F) Parcel's Parcel's Annual _ Assessment Rate: Total Special Assessment $1,832.10 x Benefit Points 6.8. District Improvement Project Debt Financing The $4,475,000 portion of District Improvement Project costs assessed to property within the District will be financed over a period of 30 years. In addition to the amount of financed District Improvement Project costs, any financing costs related to the Issuance of debt such as the cost of issuance, original Issue discount, and contingencies will be Included as part of the total amount financed. The total estimated amount of debt to be financed Is $6,245,000. The following table provides the estimated sources and uses of the debt financing proceeds. Assessment District No. 2012-1 — City of Burlingame 6-2 Fiscal Year 2015116 Description Amount Sources: Par Amount $5,245,000.00 Less: Original Issue Discount 619 348.45 Total Sources $4,625,651.55 Uses: District im rovement Project Fund 4 475 000.00 $4150,000,00 Cost of Issuance 150 000,00 Contingencies 651.55 Total Uses $4,625,651.55 The City has calculated the annual assessment based on its estimated costs of financing the District's portion of the District Improvement Project assessed for special benefit costs over a 30 year period, and has determined that it requires an annual amount of $335,787 from the District. Any differences between the actual financing costs incurred by the City and these estimates will not affect the annual assessments shown In this Engineer's Report. 6.4. Assessment Prepayment Formula Assessment Prepayment Formula During the 30 Days Following District Formation. In the 30 days after the formation of the District, property owners will have the option to prepay and permanently satisfy their portion of the total District Improvement Project Costs assessed for special benefit, without interest, and without financing costs, according to the following formula: Total District Parcel's Total District's Total Parcel's 30 Day Improvement Project x ( Special + Special Prepayment Amount Costs Assessed for Benefit Points Benefit Points Special Benefit Parcel's 30 Day Parcel's Total PrepaymentAmount- $4,475,000 x ( Special + 183.28 Benefit Points Assessment Prepayment Formula After the 30 Day Period Following District Formation Property owners within the District may prepay and permanently satisfy their entire portion (no partial prepayments) of the total annual assessment of an assessor's parcel, provided that a prepayment may be made only if there are no delinquent assessments with respect to such assessor's parcel at the time of prepayment. An owner of an assessor's parcel Intending to prepay the ongoing annual assessment obligation shall provide the City with written notice of Intent to prepay. Within 30 days of receipt of such written notice, the City shall notify such owner of the prepayment amount of such assessor's parcel. The assessment prepayment amount shall be calculated by the following steps: Step 1: Compute the special benefit points that could be assigned to the assessor's parcel prepaying the annual assessment obligation in the fiscal year In which the prepayment would be received by the City. Step 2: Divide the special benefit points computed pursuant to Step 1 for such assessor's parcel by the total special benefit points that could be assigned in that fiscal year to property in the entire District. Assessment District No, 2012-1 - City of Burlingame 6-3 Fiscal Year 2015/16 i ^'^—,.`^'` Ste � the quotient computed pursuant 2 annw�assessment tocompute that� portion of Mthe ultiply {oba|�d onnuomerttohepnapo|d("PoncexoAonuu|AmsooamentAnount"). ' | Step 4:Calculate the revenue stream produced by the Parcel's Annual Assessment Amount from the date ofprepayment uhoqndindud|ngthematuritydobeoftheD 30, 2042, that this assumed final maturity date may be amended by the City no later than the time of the calculation of the prepayment. Step 6: Calculate the present value of the annual revenue stream determined In Step 4. The present value shall becalculated using that discount rate which, when the prepayment |s|nveotud|nO|ty approved available investments earning a rate of interest equal to the discount rate, would produce annual revenues equal tnthe amount calculated inStep 4. Step O:Determine the prepayment amuuntbyadd|ngtotheprenentva|uocm|ou|ob»d|nSh»p5anyfenn or expenses incurred by the City In connection with the prepayment calculation or the application of the ! proceeds ufthe prepayment. i| _ &anenomen(District No. 2Vi2'1—City ofBurlingame 04 Fiscal Year 2015U0 7. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County of San Mateo, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. I' Assessment District No. 2012-1 — City of Burlingame 7-1 Fiscal Year 2015/16 ME ffil 1w" OM zl� 09 HIM All H :14 tg �w 9g. BMW gg a a F A W p e 0 A ptl I d n0LU .g�0 W q�a " tl Q z U o A tl 9 gzvw c :1mLu 0.z A Z:3 r LLJ im U) LL o Woz 9o, p� Y W W UN r Q 55 W W g a � p z x D m O p H O e al ��n.�..r....eGA^:�pF:9PoApaA"�pPpA R'n qWA"pR pR Y:7aa7Y:9g9� 5i zea ri g I 8. ASSESSMENT ROLL The assessment roll is a listing of the assessment apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Mateo. The following table summarizes the assessments for the District for Fiscal Year 2015/16: The assessment roll Is a listing of the District assessment apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Mateo. The assessment roll for the District Is listed on the following page. Assessment District No, 2012-1— City of Burlingame 8-1 Fiscal Year 2016/16 Total Property Land Parcel Special Benefit Allowable Annual Total Annual Use Type Count Points Assessment Assessment All Parcels 45 169.29 $1,832.10 per special $310,156 benefit point Total 45 169.29 $310,156 The assessment roll Is a listing of the District assessment apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Mateo. The assessment roll for the District Is listed on the following page. Assessment District No, 2012-1— City of Burlingame 8-1 Fiscal Year 2016/16 City of Burlingame City of Burlingame Assessment District No. 2012-1 Downtown Burlingame Avenue Streetscape Improvement Project Assessment Roll 2015116 Assessor's Parcel Assessment Total Special Annual Number ID Site Address Benefit Points Assessment(l) 029-122-220 2 1420 BURLINGAME AVE 3.10 5,679.51 029-122-230 3 1426 BURLINGAME AVE 3.03 5,551,26 029-122-240 4 1436 BURLINGAME AVE 2.98 5,459.66 029-122-250 5 1442 BURLINGAME AVE 3.00 5,496.30 029-122-260 6 1448 BURLINGAME AVE 2.62 4,800.10 029-122-270 7 1460 BURLINGAME AVE - 3.39 6,210.82 029-122-280 8 1462 BURLINGAME AVE 3.29 6,027.61 029-122-330 9 1408 BURLINGAME AVE 2,69 4,928.35 029-122-360 10 1490 BURLINGAME AVE 6,32 11,578,87 029-122-999 11 1476-80 BURLINGAME AVE 8,71 15,957.59 029-152-110 12 1200 BURLINGAME AVE 3,78 6,925.34 029-152-120 13 1208 BURLINGAME AVE 1.29 2,363.41 029-152-160 14 1232 BURLINGAME AVE 3135 8,155.66 029-152-200 16 1316 BURLINGAME AVE 3,47 6,357.39 029-152-210 17 1348 BURLINGAME AVE 3.12 5,716,15 029-152-220 18 1354 BURLINGAME AVE 2.16 3,957.34 029-152-230 19 1380 BURLINGAME AVE 3.20 5,862.72 029-152-270 20 1300 BURLINGAME AVE 3.15 5,771.12 029.152-320 22 1218 BURLINGAME AVE 6.94 12,714.77 029-152-330 23 1210 BURLINGAME AVE 3.86 7,071,91 ' 029-153-090 24 1100 BURLINGAME AVE 4,04 7,401.68 029-153-120 25 - 1150-60 BURLINGAME AVE 3.92 7,181.83 029-153-150 26 1108.18 BURLINGAME AVE 4.86 6,904.01 029-201-030 27 1471 BURLINGAME AVE _ 2.10 3,847.41 029-201-040 28 1461 BURLINGAME AVE 2.63 4,818.42 029-201-060 29 1435 BURLINGAME AVE 5.80 10,626.18 029-201.080 31 1423 BURLINGAME AVE 3.13 5,734.47 029-201-100 32 1407 BURLINGAME AVE 2.38 4,360.40 029-201.110 33 1401 BURLINGAME AVE 3.82 6,998.62 029-201-320 34 1479-01 BURLINGAME AVE 7.71 14,125.49 029-201-360 35 1417 BURLINGAME AVE 5.80 10,626.18 029-201-370 36 1453 BURLINGAME AVE 1.32 2,418,37 029-201-380 37 1451 BURLINGAME AVE - 1,32 2,418.37 029-202-010 38 1375 BURLINGAME AVE 6.71 12,293,39. 029-202-D20 39 1325 BURLINGAME AVE 3.13 5,734.47 029-202-040 41 1315 BURLINGAME AVE 1.24 2,271.80 029-202-080 42 (2) 1301 BURLINGAME AVE 3.45 8,320.75 029-202-090 43 (2) 1309 BURLINGAME AVE 2.62 4,816.89 029-204-030 44 1221 BURLINGAME AVE 2,75 5,038.28 029-204-040 46 1213 BURLINGAME AVE 2,25 4,122,23 029-204-050 45 1207 BURLINGAME AVE 2.25 4,122.23 029-204-060 47 1205 BURLINGAME AVE 4.35 7,969.64 029-204270 46 1227 BURLINGAME AVE 5.47 10,021.59 029-211-010 49 1101 BURLINGAME AVE 4.56 8,391.02 029-211-260 50 1111 BU RLINGAME AVE 8.30 15206.43 TOTALS: 169.29 $310,166.23 (1) Difference due to rounding. (2) Minor adjustment In the annual assessment from the FY14115 report due to parcel map recordation that slightly modified the Total Special Benefit Points. Assessment District No. 2012-1- City of Burlingame 8-2 Fiscal Year 2015116 TO; STAFF REPORT Agenda Item # —9a. Meeting Date: April 2, 2012 SUBMITTEABYt;g! APPROVED HONORABLE MAYOR AND CITY COUNCIL DATE: MARCH 26, 2012 FROM: PUBLIC WORKS SUBJECT: DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENTS -ASSESSMENT DISTRICT 2012-1. PURPOSE: It is recommended that Council take the following actions to initiate the formation of the Downtown. Burlingame Avenue Streetscape Improvement Assessment District No. 2012-1, 1. Review and approve the final project concept plan. 2. Review and approve the following attached resolutions. a. Adopt the Downtown Burlingame Avenue Streetscape Improvement Project Assessment Ballot Procedures. b. Initiate proceedings for the proposed Assessment District, c. Approve the preliminary Engineers Report with proposed boundary of the Assessment District. d. Declare the intention to order the formation of the Assessment District. 3. Review and approve the sample public notice and ballot to be sent to each property owner within the district. BACKGROUND; At the January 17, 2012 meeting, the Council reviewed three options for the Burlingame Avenue Streetscape Improvements Project and directed staff to proceed with Alternative 1 for the project design. Since that time, staff and the consultant team have met with the stakeholder group to further develop the design and held. a community workshop with the Council to obtain public input. In general, the recommended streetscape project concept includes 50% wider sidewalks with concrete pavers, parallel parking, intersection bulb -outs, and shorter crosswalks for pedestrian safety, site furnishings, new street lights, street trees, landscaping and new site furnishings. In addition, the project construction will also Include utility replacements for water, sewer, and storm drain systems; asphalt roadway paving; concrete paving for the parking and intersection areas. Funding: The total overall estimated cost of the project (streetscape and utilities) is $15.9 M. Approximately $11.475 M would be contributed by the City using various funding sources including water and sewer enterprise funds; parking meter rate increases, storm drainage funds, state gas tax and Measure A Grant as well as existing funds in the streetscape CIP budget. The remaining $4.475M Is proposed to be funded by the Burlingame Avenue property owners through an Assessment District. DISCUSSION: In order to initiate the formation of the Downtown Burlingame Avenue Streetscape Improvements Assessment District 2012-1, Council must review and approve the following. The Final Concept Plan: The following are the key elements of the final project concept plan (The project consultant RHAA will make the presentation at the meeting). ■ 16 foot wide sidewalk made of concrete pavers ■ 10 foot wide asphalt concrete travel lanes ■ B foot wide concrete parallel parking stalls • 2 feet of parking / assist area ■ Accessible crosswalks of concrete pavers at all Intersections ■ Pedestrian and roadway safety lighting ■ Hanging flower baskets with Irrigation system Street furnishings including bicycle racks and benches ■ Informational signage and kiosks ■ Replacement street trees and landscaping as well as R Gateway entry oolumns. Assessment District Proceedings: In order to proceed with the formation of the Assessment District 2012-1, the Council should review and approve the attached resolutions for establishing protest hearing procedures: initiation of Assessment District proceedings; the Engineer's Report; and declaration of intention to form the Assessment District. The Assessment District comprises a total of 50 parcels fronting Burlingame Avenue between EI Camino Real and California Drive. The attached Engineer's Report provides the Assessment District Boundary Map and details of the special and general benefits The assessments to Individual parcels are based on three factors - aesthetics, safety, and economic benefits. The aesthetic and safety factors use linear lot frontage while the economic factor uses the individual parcel's square footage. The total annual revenue from the proposed Assessment District 2012-1 is estimated at $335,787. The average annual assessment per parcel is $6,716. Actual annual assessment for a given parcel may vary depending on the actual linear frontage and square footage area of the parcel. The annual assessments will be for a period of 30 years. The property owner may pay off the annual assessments at any time during the 30 year period. Upon Council approval, the public notices and ballots will be sent via certified mailed to property owners within the proposed assessment district at least 45 days prior to the public hearing. The public hearing is set for May 21, 2012 at which the Council will hold the public hearing to receive protests and review the ballots received to determine the formation of an assessment district. The ballots are weighted by the i I G proposed assessment amount on each property and the results announced by the City Council. If there is not a majority protest of the total ballots received prior to the close of the public hearing, the Council may proceed with the assessment district i formation and pursue the project, BUDGET IMPACT: If approved, the Burlingame Streetscape Improvements project will be funded by a combination of City and Assessment District financing as described above in the staff report, EXHIBITS: Resolutions a. Assessment District Procedures b, Initiating proceedings for Assessment District No, 2012-1 c. Approve preliminary Engineers Report d. Declare intention to order the formation of the Assessment District No. 2012-1 Preliminary Engineer's Report with Assessment Boundary Map Sample Public Notice Sample Assessment Ballot Final Concept Plan (8 pages) l� J eGomery—Progr Manager sola p4blic works dlreatorylstaff reports181030 assessment district sr 3-26.12,docx TO Agenda Item# 6, Meeting STAFF REPORT Date; May 21, 2012 SUBMITTED BY APPROVED BY HONORABLE MAYOR AND CITY COUNCIL DATE: MAY 13, 2012 FROM: PUBLIC WORKS SUBJECT: PUBLIC HEARING TO FORM ASSESSMENT DISTRICT 2012-1 FOR DOWNTOWN BURLINGAME AVENUE STREETSCAPE _ IMPROVEMENTS. PURPOSE; It is recommended that Council take the following actions to review the ballots cast in the formation of the Downtown Burlingame Avenue Streetscape Improvement Assessment District No. 2012-1. 1. Hold a public hearing to; a. Hear all interested persons in the matter of the proposed assessment district and the amounts of the assessmentrs to be imposed; b. Hear all objections, protests, support or other, written communications relative to the formation of the district or the amounts of the assessments from any person; c. Receive any remaining ballot submissions (must be submitted PRIOR to the conclusion of the public hearing). 2. At the conclusion of the public hearing, Council should continue the proceeding until later in the meeting and direct the City Clerk to review all the ballots and report back to the Council before the end of the meeting. 3. Once the ballots have been tabulated, the Council should then review the ballot results and do one of the following; a. If there is not a "majority protest' the Council may adopt the attached Resolution ordering improvements, ordering formation of the City of Burlingame Streetscape Improvement Assessment District No. 2012-1, confirming the assessment diagram, confirming and levying assessments, and authorizing necessary action; or b. If there is a "majority protest', then Council must abandon the creation of the district. BACKGROUND: At the April 2, 2012 meeting, Council initiated the proceedings to form the Downtown Burlingame Avenue Streetscape Improvement Assessment District No. 2012-1. Weighted ballots were sent via certified mail to all the property owners on April 5, 2012. Ballots are weighted based on the assessment amount calculated for each parcel. To date, of the fifty (50) ballots mailed to property owners, twenty-five (25) have been received by the City Clerk. DISCUSSION-, In order to complete the formation of the Downtown Burlingame Avenue Streetscape Improvements Assessment District 2012-1, Council must review the ballots and determine if there is a "majority protest" vote. In the event that the weighted assessment ballots cast in opposition, exceed the weighted assessment ballots in support, there will be a "majority protest" and the City Council will be precluded from proceeding with formation of the district. If a "majority protest" does not exist, Council may proceed with formation of the assessment district by adoption of the attached resolution. The City Clerk will review the validity of the ballots after the close of the public hearing, and report back to the Council before the end of the meeting. The ballot tabulations will be performed by the City Clerk with assistance from NBS Consultant and staff in Conference Room A at the City Hall, which will be open to the general public for observation. BUDGET IMPACT: If approved, the Burlingame Streetscape improvements project will bfunded by a combination of City and Assessment District financing. EXHIBITS: Resolution ordering improvements and formation of assessment district 2012-1; Affidavit of mailing; Sample ballot; and Engineer's y report. (apne—Gom – Program Manager sia public works directorylstatr report"1030 assessment district ballot count staff report re-gg-5-11-12,docx STAFF REPORT AGENDA NO: 9d a MEETING DATE: May 18, 2015 To: Honorable Mayor and City Council Date: May 18, 2015 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Kathleen Kane, City Attorney — (650) 558-7263 Subject: Public Hearing to Introduce an Ordinance Amending Title 18 of the Burlingame Municipal Code to Update Chapter 18.22 "Flood Damage Prevention" RECOMMENDATION Staff recommends that the City Council hold a Public Hearing to introduce the attached ordinance amending Title 18 of the Burlingame Municipal Code to update Chapter 18.22 "Flood Damage Prevention," by: 1. Requesting the City Clerk to read the title of the attached ordinance. 2. By motion, waiving further reading and introducing the proposed ordinance. 3. Conducting a public hearing on the proposed ordinance. 4. Discussing the proposed ordinance and determining whether to bring it back for a second reading and adoption. 5. Directing the City Clerk to publish a summary of the ordinance at least five days before proposed adoption. BACKGROUND The City of Burlingame has been a participant with the National Flood Insurance Program (NFIP) since 1981, with the adoption of the first Flood Insurance Rate Map (FIRM) and Burlingame Municipal Code Chapter 18.22 "Flood Damage Prevention," which outlines floodplain management measures. The last amendment to this Code chapter was adopted in 1987. In January 2015, the Federal Emergency Management Agency (FEMA) informed the City that administrative changes and an updated FIRM have been completed for this community. In addition, FEMA informed staff that the City's existing ordinance needs to be updated to be in compliance with FEMA requirements by no later than June 16, 2015. As a result, staff has updated Chapter 18.22 of the Burlingame Municipal Code with FEMA's input and coordination. The major amendments to Chapter 18.22 include the following: • Section 18.22.100 "Definitions" — This section has been updated to reflect updated references and missing definitions as required by FEMA. 1 Introduction of Ordinance Amending Title 18 to Update Chapter 18.22 "Flood Damage Prevention" May 18, 2015 • Section 18.22.320 "Basis for establishing the areas of special flood hazard" — This section has been updated to include language providing that future map revisions by FEMA will be automatically adopted. • Section 18.22.420 "Designation of the Floodplain Administrator" — This section has been updated to reflect the proper designation for the Floodplain Administrator (reflected in all other pertinent Sections) • Section 18.22.431 "Permit review" — This section includes the language for the use of a Letter of Map Revision or Conditional Letter of Map Revision as it pertains to the building permit review process. • Section 18.22.432 "Use of other base flood data" — This section adds a resource location for residents to search for information on base flood elevations. DISCUSSION The amendments described above reflect required revisions and provide additional clarifications to assist the residents and City staff to administer the floodplain management measures. Further, the amended ordinance will allow automatic adoption of future Flood Insurance Studies and FIRM's for the community. Additionally, FEMA is in the process of adopting a new Flood Insurance Study and FIRM for this area. The recently released preliminary FIRM shows no significant changes to the existing flood hazard area for Burlingame. FEMA has reviewed the proposed amendments to Chapter 18.22, and has indicated the amendments meet its requirements. Staff recommends that Council introduce the attached ordinance amending Title 18 of the Municipal Code to update Chapter 18.22. Adoption of these amendments will bring the floodplain management measures up to date and provide continued flood insurance coverage for properties in our community. FISCAL IMPACT The proposed amendments to Chapter 18.22 are administrative in nature, and no fiscal impact is anticipated at this time. Exhibits: • Ordinance Amending Title 18, Chapter 18.22 of the Burlingame Municipal Code "Flood Damage Prevention" • Copy of Title 18, Chapter 18.22 of the Burlingame Municipal Code showing the highlighted changes 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 18 OF THE BURLINGAME MUNICIPAL CODE TO UPDATE CHAPTER 18.22 "FLOOD DAMAGE PREVENTION" The City Council of the City of Burlingame does hereby ordain as follows: Section 1. Factual Background and Findings. WHEREAS, the City of Burlingame is a participant with the National Flood Insurance Program (NFIP) since 1981 with the adoption of a Flood Insurance Rate Map (FIRM) and enactment of Burlingame Municipal Code Chapter 18.22, "Flood Damage Prevention; and WHEREAS, Chapter 18.22 "Flood Damage Prevention" outlines floodplain management measures for the City and was last updated in 1987; and WHEREAS, the Federal Emergency Management Agency (FEMA) that oversees the NFIP has informed the City of Burlingame that Chapter 18.22 "Flood Damage Prevention" ordinance needs to be updated for compliance with FEMA regulations; and WHEREAS, to ensure continued coverage under the NFIP, amendments to various sections of Chapter 18.22 are necessary; and WHEREAS, adoption of these amendments will bring the City's floodplain management measures up to date and provide continued flood insurance coverage for properties in our community. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Section 2. Title 18 of the Burlingame Municipal Code is amended as follows: (a) Chapter 18.22, is amended under Title 18 of the Burlingame Municipal Code and shall read as follows: Chapter 18.22 FLOOD DAMAGE PREVENTION 18.22.010 Findings of fact. (a) The flood hazard areas of the city of Burlingame are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (Ord. 1211 § 1, (1981)) 18.22.020 Statement of purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: a) Protect human life and health; b) Minimize expenditure of public money for costly flood control projects; c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; d) Minimize prolonged business interruptions; e) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; f) Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; g) Insure that potential buyers are notified that property is in an area of special flood hazard; and h) Insure that those who occupy the area of special flood hazard assume responsibility for their actions. (Ord. 1211 § 1, (1981)) 18.22.030 Methods of reducing flood losses. In order to accomplish its purpose, this chapter includes methods and provisions for: a) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; c) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters: d) Controlling filling, grading, dredging and other development which may increase flood damage; and e) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters orwhich may increase flood hazards in other areas. (Ord. 1211 § 1, (1981)) 18.22.100 Definitions. Unless specifically defined below, words or phrases in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "A zone" See "Special flood hazard area." "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this chapter or a request for a variance. "Area of shallow flooding" means a designated AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard." See "special flood hazard area." "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also called the 'one -hundred -year flood"). "Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, and VE that indicates the water surface elevation resulting from a flood that has a 1 -percent or greater chance of being equaled or exceeded in any given year. 'Basement' means any area of the building having its floor subgrade (below ground level) on all sides. "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any building to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: 1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and 2) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of a base flood. "Coastal high hazard area" is the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM) as zones V1 — V30. "Conditional Letter of Map Revision (CLOMR)" means a comment letter from FEMA that addresses a development that upon construction would affect the hydrologic or hydraulic characteristics of a flooding source and result in the modification of the existing regulatory floodway, the Base Flood Elevations, or Special Flood Hazard Area. "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1) The overflow of floodwaters; 2) The unusual and rapid accumulation or runoff of surface waters from any source; and/or 3) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. "Flood boundary and floodway map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the city. "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood. "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source (see "flood"). "Floodplain Administrator' is the community official designated by title to administer and enforce the floodplain management regulations. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway." "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Letter of Map Revision (LOMR)" means a letter from FEMA that describes the modification to an effective Flood Insurance Rate Map. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty consecutive days. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale or rent. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on flood insurance rate map are referenced. "New construction" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the city. "One -hundred -year flood" means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout this chapter. "Person" means an individual or his or her agent, firm, partnership, association or corporation or agent of the aforementioned groups, or this state or its agencies or political subdivisions. "Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impact may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. "Riverine" means relating to, performed by or resembling a river (including tributaries), stream, brook, etc. "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach. "Sheet flow area" See "Area of shallow flooding." "Special flood hazard area (SFHA)" means an area having special flood or flood -related erosion hazards, and shown on an FHBM or FIRM as zone A, AH, Al — A30 and V1 — V30. "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Substantial improvement" means any repair, reconstruction or improvement of a structure the cost of which equals or exceeds fifty percent of the market value of the structure either: (1) Before the improvement or repair is started; or (2) If the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement' is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (3) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or (4) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. "Violation" means the failure of structure or other development to be fully compliant with the city's floodplain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. (Ord. 1211 § 1, (1981); Ord. 1326 § 1, (1986); Ord. 1351 § 1, (1987)) "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. 18.22.310 Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of Burlingame. (Ord. 1211 § 1, (1981)) 18.22.320 Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in "The Flood Insurance Study for the City of Burlingame," dated March 16, 1981, with an accompanying Flood Insurance Rate Maps (FIRM's) , and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Floodplain Administrator. The Flood Insurance Study is on file at the Public Works Engineering Department, City Hall, 501 Primrose Road, Burlingame, California. (Ord. 1211 § 1, (1981); Ord. 1326 § 2, (1986)) 18.22.330 Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. (Ord. 1211 § 1, (1981)) 18.22.340 Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other ordinance, easement, covenant or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 1211 § 1, (1981)) 18.22.350 Interpretation. In the interpretation and application of this chapter, all provisions shall be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the governing body; and (c) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 1211 § 1, (1981)) 18.22.360 Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city of Burlingame, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 1211 § 1, (1981)) 18.22.410 Establishment of development permit. For the purposes of this chapter, "development permit' shall mean a development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 18.22.320. Application for a development permit shall be made on forms furnished by the building official and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required. (a) Proposed elevation in relation to mean sea level of the lowest habitable floor (including basement) of all structures; (b) Proposed elevation in relation to mean sea level to which any structure will be floodproofed; (c) All appropriate certifications listed in Section 18.22.433; and (d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.420 Designation of the Floodplain Administrator. The City Engineer/Assistant Public Works Director is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 1211 § 1, (1981)) 18.22.430 Duties and responsibilities of Floodplain Administrator. Duties of the Floodplain Administrator shall include but not be limited to those set forth in Sections 18.22.431 through 18.22.435. (Ord. 1211 § 1, (1981)) 18.22.431 Permit review. The Floodplain Administrator shall review all development permits to determine that: (a) The permit requirements of this chapter have been satisfied; (b) All other required state and federal permits have been obtained; (c) The site is reasonably safe from flooding; (d) The proposed development does not adversely affect the carrying capacity of the floodway. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) (e) All Letter of Map Revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letter of Map Revision (CLOMR's). 18.22.432 Use of other base flood data. When base flood elevation data has not been provided in accordance with Section 18.22.320, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source in order to administer this chapter. (Ord. 1211 § 1, (1981)) NOTE: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas — A Guide for Obtaining and Developing Base (100 -year) Flood Elevations" dated July 1995. 18.22.433 Information to be obtained and maintained. The Floodplain Administrator shall obtain and maintain for public inspection and make available as needed for flood insurance policies; (a) The certification required in Section 18.22.513 (a) (floor elevations); (b) The certification required in Section 18.22.513 (b) (elevations in areas of shallow flooding); (c) The certification required in Section 18.22.513 (c) (elevation or floodproofing of nonresidential structures); (d) The certification required in Section 18.22.513 (d) (1) or (2) (wet floodproofing standard); (e) The certified elevation required in Section 18.22.540 (b) (subdivision standards); (f) The certification required in Section 18.22.560 (1) (floodway encroachments); (g) The information required in Section 18.22.570 (coastal construction standards). (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.434 Alteration of watercourses. The Floodplain Administrator shall: (a) Notify adjacent communities and the department of water resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency; (b) Require that the flood -carrying capacity of the altered or relocated portion of the watercourse is maintained. (Ord. 1211 § 1, (1981)) 18.22.435 Interpretation of FIRM boundaries. The Floodplain Administrator shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 18.22.610 et seq. (Ord. 1211 § 1, (1981)) 18.22.510 Standards. The following standards are required in all areas of special flood hazards. (Ord. 1211 § 1, (1981)) 18.22.511 Anchoring. (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrostatic and hydrodynamic loads, including the effect of buoyance. (b) All manufactured homes shall meet the anchoring standards of Section 18.22.550 (a). (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.512 Construction materials and methods. (a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (b) All new construction and substantial improvements shall be constructed using methods and practices that minimize damage. (c) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (d) Require within zone AH adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.513 Elevation and floodproofing. (a) New construction and substantial improvement of any structure shall have the lowest habitable floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in subsection (c) of this section. Upon completion of the structure, the elevation of the lowest habitable floor including basement shall be determined by a registered professional engineer or surveyor and provided to the Floodplain Administrator. (b) New construction and substantial improvement of any structure in zone AH shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two (2) feet if no depth number is specified. Nonresidential structures may meet the standards in subsection (c) of this section. Upon completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. (c) Nonresidential construction shall either be elevated in conformance with subsection (a) or (b) of this section, or together with attendant utility and sanitary facilities: 1) Be floodproofed so that below the base flood level is watertight with walls substantially impermeable to the passage of water; 2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 3) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator. (d) In all new construction and substantial improvements fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: 1) Either a minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or 2) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration. (e) Manufactured homes shall also meet the standards in Section 18.22.550. (Ord. 1211 § 1, (1981); Ord. 1326 § 3, (1986); Ord. 1351 § 1, (1987)) 18.22.520 Standards for storage of materials and equipment. (a) The storage or processing of materials that are in time of flooding buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited. (b) Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. (Ord. 1211 § 1, (1981)) 18.22.530 Standards for utilities. (a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters; (b) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. 1211 § 1, (1981)) 18.22.540 Standards for subdivisions. (a) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. (b) All final subdivision plans will provide the elevation of proposed structure(s) and pads. the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. (c) All subdivision proposals shall be consistent with the need to minimize flood damage. (d) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (e) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (Ord. 1211 § 1, (1981)) 18.22.550 Standards for manufactured homes. All new and replacement manufactured homes and additions to manufactured homes shall: a) Be elevated so that the lowest floor is at or above the base flood elevation; and b) Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.560 Floodways. Located within areas of special flood hazard established in Section 18.22.320 are areas designed as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply: (a) Prohibit encroachments, including fill, new construction, substantial improvements and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; (b) If subsection (a) of this section is satisfied, all new construction and substantial improvement shall comply with all other applicable flood hazard reduction provisions of Sections 18.22.510 through 18.22.570. (Ord. 1351 § 1, (1987)) 18.22.570 Coastal high hazard area. Coastal high hazard areas (V zones) are located within the areas of special flood hazard established in Section 18.22.320. These areas have special flood hazards associated with high velocity waters from coastal and tidal inundation or tsunamis; therefore the following provisions shall apply. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.571 Location of structures. (a) All buildings or structures shall be located landward of reach of the mean high tide. (b) The placement of manufactured homes shall be prohibited. (Ord. 1211 § 1, (1981)) 18.22.572 Construction methods. a) Elevation. All buildings or structures shall be elevated so that the lowest supporting member (excluding piles and columns) is located no lower than the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in subsection (c) of this section. b) Structural Support. 1) All buildings or structures shall be securely anchored on pilings or columns. 2) Pilings or columns used as structural support shall be designed and anchored so as to withstand all impact forces and buoyancy factors of the base flood. 3) Fill used for structural support will be allowed only with permit from the Floodplain Administrator. c) Space Below the Lowest Floor. 1) Any alteration, repair, reconstruction or improvement to a structure started after the enactment of the ordinance codified in this chapter shall not enclose the space below the lowest floor unless breakaway walls are used as provided in this section. 2) Breakaway walls may be allowed below the base flood elevation provided they are not a part of the structural support of the building and are designed so as to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which they are to be used. 3) If breakaway walls are utilized, such enclosed space shall not be used for human habitation. 4) Prior to construction, plans for any structure that will have breakaway walls must be submitted to the Floodplain Administrator for approval. d) The Floodplain Administrator shall obtain and maintain the following records: 1) Certification by a registered engineer or architect that a proposed structure complies with subsections (a) and (b) of this section; 2) The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. (Ord. 1211 § 1, (1981); Ord. 1326 § 4, (1986); Ord. 1351 § 1, (1987)) 18.22.610 Appeals board. The planning commission shall hear and decide appeals and requests for variances from the requirements of this chapter. (Ord. 1211 § 1, (1981)) 18.22.611 Appeal procedure. a) The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Floodplain Administrator in the enforcement or administration of this chapter. Any person may appeal such decision to the city council as provided in Sections 25.16.070 and 25.16.080. b) In passing upon such appeals, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: 1) The danger that materials may be swept onto other lands to the injury of others; 2) The danger to life and property due to flooding or erosion damage; 3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4) The importance of the services provided by the proposed facility to the community; 5) The necessity to the facility of a waterfront location, where applicable; 6) The availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage; 7) The compatibility of the proposed use with existing and anticipated development; 8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; 9) The safety of access to the property in times of flood for ordinary and emergency vehicles; 10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and 11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, and streets and bridges. (Ord. 1211 § 1, (1981)) 18.22.612 Variances. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided subdivisions (1) through (11) in Section 18.22.611(b) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (Ord. 1211 § 1, (1981)) 18.22.613 Variance conditions. Upon consideration of the factors of Section 18.22.611 and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Ord. 1211 § 1, (1981)) 18.22.614 Variance records. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 1211 § 1, (1981)) 18.22.620 Conditions for variances. a) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. d) Variances shall be issued only upon: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance shall not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or notices. (Ord. 1211 § 1, (1981)) 18.22.621 Notice. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. 1211 § 1, (1981)) Section 3. The Public Works Department is directed to take necessary actions to implement this ordinance. Section 4. The City Clerk is directed to publish this ordinance in the manner required by law. Terry Nagel, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a public hearing occurred at a regular meeting of the City Council held on the 18th day of May, 2015, and adopted thereafter at a regular meeting of the City Council held on the 1st day of June, 2015, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk Chapter 18.22 FLOOD DAMAGE PREVENTION 18.22.010 Findings of fact. (a) The flood hazard areas of the city of Burlingame are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (Ord. 1211 § 1, (198 1)) 18.22.020 Statement of purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (a) Protect human life and health; (b) Minimize expenditure of public money for costly flood control projects; (c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (d) Minimize prolonged business interruptions; (e) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (f) Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; (g) Insure that potential buyers are notified that property is in an area of special flood hazard; and (h) Insure that those who occupy the area of special flood hazard assume responsibility for their actions. (Ord. 1211 § 1, (1981)) 18.22.030 Methods of reducing flood losses. In order to accomplish its purpose, this chapter includes methods and provisions for: (a) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters: (d) Controlling filling, grading, dredging and other development which may increase flood damage; and (e) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. 1211 § 1, (1981)) 18.22.100 Definitions. Unless specifically defined below, words or phrases in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "A zone" See "Special flood hazard area " "Appeal" means a request for a review of the Floodplain Administrator'sinterpretation of --Deleted: city eaginea any provision of this chapter or a request for a variance. Deleted: s "Area of shallow flooding" means a designated AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet: a clearly defined channel does not exist- the path of floodingis s unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard." See "special flood hazard area." "Base flood" means the flood having a one percent chance of being,gqualed or exceeded _ --- Deleted: egg.Jkd in any given year (also called the "one -hundred -year flood"). "Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate Mao for Zones AE. AH, and VE that indicates the water surface elevation resulting from a flood that has a 1 -percent or greater chance of being equaled or exceeded in any given year. "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any building to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: (1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (2) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of a base flood. "Coastal high hazard area" is the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM) as zones V1 — V30. "Conditional Letter of Map Revision (CLOMR)" means a comment letter from FEMA that addresses a development that upon construction would affect the hydrologic or hydraulic characteristics of a flooding source and result in the modification of the existing regulatory floodway, the Base Flood Elevations. or Special Flood Hazard Area. "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of floodwaters; (2) The unusual and rapid accumulation or runoff of surface waters from any source; and/or (3) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. "Flood boundary and floodway map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the city. "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood. "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source (see "flood"). "Floodplain Administrator" is the community official designated by title to administer and enforce the floodplain management regulations. "Floodplain management' means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway." "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Letter of Map Revision (LOMR)" means a letter from FEMA that describes the modification to an effective Flood Insurance Rate Man. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty consecutive days. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale or rent. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on flood insurance rate map are referenced. "New construction" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the city. "One -hundred -year flood" means a flood which has a one percent annual probability of being _,equaled or exceeded. It is identical to the "base flood," which will be the term used ------------------ throughout _--. throughout this chapter. "Person" means an individual or his or her agent, firm, partnership, association or corporation or agent of the aforementioned groups, or this state or its agencies or political subdivisions. "Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impact may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. "Biverine" means relating to, performed by or resembling a river (including tributaries), stream, brook, etc. "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach. "Sheet flow area" See "Area of shallow flooding." "Special flood hazard area (SFHA)" means an area having special flood or flood -related erosion hazards, and shown on an FHBM or FIRM as zone A, AH, At —A30 and VI V30. "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on thepropertyof accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Substantial improvement" means any repair, reconstruction or improvement of a structure the cost of which equals or exceeds fifty percent of the market value of the structure either: (1) Before the improvement or repair is started; or (2) If the structure has been damaged, and is being restored, before the damage occurred. For the purposesof this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (3) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or (4) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. "Violation" means the failure of structure or other development to be fully compliant with the city's floodplain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. (Ord. 1211 § 1, (1981); Ord. 1326 § 1, (1986); Ord. 1351 § 1, (1987)) "Water surface elevation" means the height in relation to the National Geodetic Vertical Datum (NGVD) of 1929. North American Vertical Datum (NAVD) of 1988 or other datum of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas "Watercourse" means a lake, river, creek stream wash arroyo channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. 18.22.310 Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of Burlingame. (Ord. 1211 § 1, (1981)) 18.22.320 Basis for establishing the areas of special flood hazard The areas of special flood hazard identified by the Federal Emereency Management Agency (FEMAJn "The Flood Insurance_ Study for the ity of Burlingame," dated_March_ 16,_____ -- - Deleted: lnwrance Admlmsimion in ascienGLn 1981, with an accompanying Flood Insurance Rate Maps FIRM'S and all subsequent and enginemng repos eneded amendments and/or revisions, are hereby adopted by reference and declared to be a part of this Deleted:. chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and Deleted: is adopted b> reference may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Floodplain Administrator. The Flood Insurance Study is on file at thej?ublic Works Engineering Department, City Hall, 501 Primrose _ ceiered; -Y -y— oa;-e Road, Burlingame, California. (Ord. 1211 § 1, (1981); Ord. 1326 § 2, (1986)) 18.22.330 Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. (Ord. 1211 § 1, (1981)) 18.22.340 Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other ordinance, easement, covenant or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 1211 § 1, (198 1)) 18.22.350 Interpretation. In the interpretation and application of this chapter, all provisions shall be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the governing body; and (c) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 1211 § 1, (1981)) 18.22.360 Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city of Burlingame, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 1211 § 1, (1981)) 18.22.410 Establishment of development permit. For the purposes of this chapter, "development permit" shall mean a development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 18.22.320. Application for a development permit shall be made on forms furnished by the building official and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required. (a) Proposed elevation in relation to mean sea level of the lowest habitable floor (including basement) of all structures; (b) Proposed elevation in relation to mean sea level to which any structure will be floodproofed; (c) All appropriate certifications listed in Section 18.22.433; and (d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.420 Designation of the Floodolain Administrator • Deleted: c The City,ingineer/Assistant Public Works Director is appointed to administer and ------------------- - ---------- --- ---- ------------------ implement this chapter by granting or denying development permit applications in accordance -- Deleted: e with its provisions. (Ord. 1211 § 1, (1981)) 18.22.430 Duties and responsibilities of Duties of the Floodplain Adminis in Sections 18.22.431 through 18.22.435. shall include but not be limited to tho: 18.22.431 Permit review. The loodplain Administrator shall review all development permits_ to determine that: -- Deleted: eiyeesineu (a) The permit requirements of this chapter have been satisfied; (b) All other required state and federal permits have been obtained; (c) The site is reasonably safe from flooding; (d) The proposed development does not adversely affect the carrying capacity of the floodway. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) (e) All Letter of Map Revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letter of Map Revision (CLOMR's). 18.22.432 Use of other base flood data. When base flood elevation data has not been provided in accordance with Section 18.22.320, the floodplain Administrator shall obtain, review and reasonably utilize any base _-,. -- Deleted: dyeeyeee� flood elevation data available from a federal, state or other source in order to administer this chapter. (Ord. 1211 § 1, (1981)) NOTE: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "ManagingFloodplain Development in Approximate Zone A Areas — A Guide for Obtaining and Developing Base (100 -year) Flood Elevations" dated July 1995. 18.22.433 Information to be obtained and maintained. TheF loodplain Administrator shall obtain and maintain forpublic inspection and make -- Deleted: city engineer available as needed for flood insurance policies; (a) The certification required in Section 18.22.513 (a) (floor elevations); (b) The certification required in Section 18.22.513 (b) (elevations in areas of shallow flooding); (c) The certification required in Section 18.22.513 (c) (elevation or floodproofing of nonresidential structures); - (d) The certification required in Section 18.22.513 (d) (1) or (2) (wet floodproofing standard); (e) The certified elevation required in Section 18.22.540 (b) (subdivision standards); (f) The certification required in Section 18.22.560 (1) (floodway encroachments); (g) The information required in Section 18.22.570 (coastal construction standards). (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.434 Alteration of watercourses. TheElo_odolain Administrator shall _-___--- Deleted: city engineer (a) Notify adjacent communities and the department 0f water resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management A eg ncv� - Deleted: mse,anee Ad.m.t flee (b) Require that the flood -carrying capacity of the altered or relocated portion of the watercourse is maintained. (Ord. 1211 § 1, (1981)) 18.22.435 Interpretation of FIRM boundaries. The Floodplain Administrator shall make interpretations where needed, as to the exact _ --- Deleted: city engineer ---- ------- - - - ------------- - location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 18.22.610 et seq. (Ord. 1211 § 1, (1981)) 18.22.510 Standards. The following standards are required in all areas of special flood hazards. (Ord. 1211 § 1, (1981)) 18.22.511 Anchoring. (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrostatic and hydrodynamic loads, including the effect of buoyance. (b) All manufactured homes shall meet the anchoring standards of Section 18,22.550 (a). (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.512 Construction materials and methods. (a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (b) All new construction and substantial improvements shall be constructed using methods and practices that minimize damage. (c) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (d) Require within zone AH adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.513 Elevation and floodprooring. (a) New construction and substantial improvement of any structure shall have the lowest habitable floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in subsection (c) of this section. Upon completion of the structure, the elevation of the lowest habitable floor including basement shall be determined by a registered professional engineer or surveyor and provided to the- lood- Iain _-,.- - Ducted: city engine¢, Administrator. ------ --- (b) New construction and substantial improvement of any structure in zone AH shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two (2) feet if no depth number is specified. Nonresidential structures may meet the standards in subsection (c) of this section. Upon completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to theF loodolain Administrator. - oeieted: -11Yy - (c) Nonresidential construction shall either be elevated in conformance with subsection (a) or (b) of this section, or together with attendant utility and sanitary facilities: (1) Be floodproofed so that below the base flood level is watertight with walls substantially impermeable to the passage of water; (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (3) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the lood Iain -_ _ _ _ _ _ _ -_ _ - Deleted: clay en8ine« Administrator. ------- ---- (d) In all new construction and substantial improvements fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (1) Either a minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or (2) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration. (e) Manufactured homes shall also meet the standards in Section 18.22.550. (Ord. 1211 § 1, (1981); Ord. 1326 § 3, (1986); Ord. 1351 § 1, (1987)) 18.22.520 Standards for storage of materials and equipment. (a) The storage or processing of materials that are in time of flooding buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited. (b) Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. (Ord. 1211 § 1, (1981)) 18.22.530 Standards for utilities. (a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters; (b) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. 1211 § 1, (1981)) 18.22.540 Standards for subdivisions. (a) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. (b) All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. _---- Deleted: city engineu ----------------------- (c) All subdivision proposals shall be consistent with the need to minimize flood damage. (d) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (e) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (Ord. 1211 § 1, (1981)) 18.22.550 Standards for manufactured homes. All new and replacement manufactured homes and additions to manufactured homes shall: (a) Be elevated so that the lowest floor is at or above the base flood elevation; and (b) Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.560 Floodways. Located within areas of special flood hazard established in Section 18.22.320 are areas designed as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply: (a) Prohibit encroachments, including fill, new construction, substantial improvements and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; (b) If subsection (a) of this section is satisfied, all new construction and substantial improvement shall comply with all other applicable flood hazard reduction provisions of Sections 18.22.510 through 18.22.570. (Ord. 1351 § 1, (1987)) 18.22.570 Coastal high hazard area. Coastal high hazard areas (V zones) are located within the areas of special flood hazard established in Section 18.22.320. These areas have special flood hazards associated with high velocity waters from coastal and tidal inundation or tsunamis; therefore the following provisions shall apply. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.571 Location of structures. (a) All buildings or structures shall be located landward of reach of the mean high tide. (b) The placement of manufactured homes shall be prohibited. (Ord. 1211 § 1, (1981)) 18.22.572 Construction methods. (a) Elevation. All buildings or structures shall be elevated so that the lowest supporting member (excluding piles and columns) is located no lower than the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in subsection (c) of this section. (b) Structural Support. (1) All buildings or structures shall be securely anchored on pilings or columns. (2) Pilings or columns used as structural support shall be designed and anchored so as to withstand all impact forces and buoyancy factors of the base flood. (3) Fill used for structural support will be allowed only with permit from the food Iain Administrator. _ Deleted: citye.,neer (c) Space Below the Lowest Floor. (1) Any alteration, repair, reconstruction or improvement to a structure started after the enactment of the ordinance codified in this chapter shall not enclose the space below the lowest floor unless breakaway walls are used as provided in this section. (2) Breakaway walls may be allowed below the base flood elevation provided they are not a part of the structural support of the building and are designed so as to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which they are to be used. (3) If breakaway walls are utilized, such enclosed space shall not be used for human habitation. (4) Prior to construction, plans for any structure that will have breakaway walls must be submitted to the f loodplain Administrator for approval------------------------------------------------------ ,-- Deleted: city e�gmeer (d) The f loodplain Administrator shall obtain and maintain the following records--------------- Deleted: city engineer (1) Certification by a registered engineer or architect that a proposed structure complies with subsections (a) and (b) of this section; (2) The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. (Ord. 1211 § 1, (1981); Ord. 1326 § 4, (1986); Ord. 1351 § 1, (1987)) 18.22.610 Appeals board. The planning commission shall hear and decide appeals and requests for variances from the requirements of this chapter. (Ord. 1211 § 1, (1981)) 18.22.611 Appeal procedure. (a) The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the -Administrator _lain Administrator in ------ Deleted: city ""neer ------------------- - the enforcement or administration of this chapter. Any person may appeal such decision to the city council as provided in Sections 25.16.070 and 25.16.080. (b) In passing upon such appeals, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, and streets and bridges. (Ord. 1211 § 1, (1981)) 18.22.612 Variances. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided subdivisions (1) through (11) in Section 18.22.611(b) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (Ord. 1211 § 1, (1981)) 18.22.613 Variance conditions. Upon consideration of the factors of Section 18.22.611 and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Ord. 1211 § 1, (1981)) 18.22.614 Variance records. The Floodplain Administrator shall maintain the _records of all appeal actions and report -- Deleted: city ee&nee. any variances to the Federal Insurance Administration upon request. (Ord. 1211 § 1, (1981)) 18.22.620 Conditions for variances. (a) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. (b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Variances shall be issued only upon: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance shall not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or notices. (Ord. 1211 § 1, (1981)) 18.22.621 Notice. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. 1211 § 1, (1981)) AGENDA ITEM NO: 1 Oa ,a�R�E STAFF REPORT MEETING DATE: May 16, 2015 To: Honorable Mayor and City Council Date: May 18, 2015 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Update on the State Water Resources Control Board (SWRCB) Mandatory Water Conservation Regulations and Adoption of a Resolution Implementing Water Use Restrictions in Compliance with State Regulations RECOMMENDATION Staff recommends that the City Council review the information presented in this staff report pertaining to the SWRCB mandatory water conservation regulations. Staff further recommends that the City Council adopt the attached resolution to comply with the State regulations to reduce water use by: • Declaring that a water shortage condition exists per Section 15.06 of the City of Burlingame Municipal Code; and • Adopting water use restrictions consistent with State regulations, the Municipal Code, and the City of Burlingame Water Shortage Contingency Plan. BACKGROUND On April 20, 2015, the City Council received an update on the State of California water shortage emergency conditions. At the meeting, the City Council deferred formal implementation of the City's water use restrictions until the State adopted its final water use regulations. On May 5, 2015, the SWRCB adopted emergency regulations requiring an immediate 25 percent reduction in overall potable urban water use statewide in accordance with Gov. Jerry Brown's April 1, 2015 Executive Order. The regulations adopted by the SWRCB place each urban water supplier into one of eight tiers of water use reduction standard, ranging from 4% to 36% percent. These water use reduction targets are based on each water agency's current level of water conservation efforts and per capita water consumption. According to the State regulations, Burlingame is required to reduce water use by 16% compared to the baseline water consumption period in 2013. It is important to note that the SWRCB shows that Burlingame is already conserving approximately 17% of water use compared to the baseline consumption period. Each month, the SWRCB will compare urban water suppliers' water use with their baseline consumption for the same month in 2013 to determine if they are on track for meeting their targeted water use reduction. Local water agencies will determine the most cost effective and 1 Update on the State Water Resources Board Mandatory Water Conservation May 18, 2015 Regulations and Adoption of a Resolution Implementing Water Use Restrictions locally appropriate way to achieve their standard. The SWRCB will be working closely with water suppliers to implement the regulations and improve local efforts that may be falling short of the requirements. Summary of New Requirements • The conservation savings for all urban water suppliers (serving more than 3,000 connections) are allocated across eight tiers of increasing levels of residential gallons per capita per day (R-GPCD) water use to reduce water use by 25 percent statewide and will take effect June 1, 2015. • Smaller water suppliers (serving fewer than 3,000 connections) must either reduce water use by 25 percent, or restrict outdoor irrigation to no more than two days per week. These smaller urban suppliers, that collectively serve fewer than 10 percent of Californians, must submit a report on December 15, 2015, to demonstrate compliance. • Commercial, Industrial and Institutional properties that are not served by a water supplier (or are self -supplied, such as by a groundwater well) also must either reduce water use by 25 percent or restrict outdoor irrigation to no more than two days per week. No reporting is required, but these properties must maintain documentation of their water use and practices. The new prohibitions in the Executive Order apply to all Californians and will take effect immediately upon approval of the regulation by the Office of Administrative Law. These include: o Irrigation with potable water of ornamental turf on public street medians; and o Irrigation with potable water outside of newly constructed homes and buildings not in accordance with emergency regulations or other requirements established by the Building Standards Commission and the Department of Housing and Community Development. • These are in addition to the existing restrictions that prohibit: o Using potable water to wash sidewalks and driveways; o Allowing runoff when irrigating with potable water; o Using hoses with no automatic shutoff nozzles to wash cars; o Using potable water in decorative water features that do not recirculate the water; o Irrigating outdoors during and within 48 hours following measurable rainfall; and o Restaurants serving water to their customers unless the customer requests it. 2 Update on the State Water Resources Board Mandatory Water Conservation May 18, 2015 Regulations and Adoption of a Resolution Implementing Water Use Restrictions • Additionally, hotels and motels must offer their guests the option to not have their linens and towels laundered daily and prominently display this option in each guest room. DISCUSSION As indicated above, the City's water use is already approximately 17% less than it was during the equivalent 2013 time period. This is greater than the water conservation target of 16% set by the State for Burlingame. However, continued conservation efforts by the community will be needed to achieve the required overall 25% reduction statewide water use through February 18, 2016 as mandated by the Governor. The City's Urban Water Management Plan, which contains the City's Water Shortage Contingency Plan, was adopted in 2011. The Water Shortage Contingency Plan contains a majority of the conservation steps contained in the SWRCB regulations. Per the requirements of Chapter 15.06 of the Burlingame Municipal Code, and the Water Shortage Contingency Plan, a declaration by the City Council of a "water shortage condition" is required to formally authorize staff to implement some of these measures. To fully comply with State regulations, a portion of Stage 3 of the City's Water Shortage Contingency Plan will need to be implemented. Additionally, at the April 20, 2015 meeting, the City Council expressed an interest in implementing water use restrictions above and beyond what is required by the State. As such, staff recommends that the City Council declare a water shortage condition, and authorize staff to implement the following water use restrictions and prohibitions: • Water waste, flooding, or runoff into the street or gutters is prohibited; • Hoses cannot be used to clean hard surface areas, including but not limited to sidewalks, driveways, roofs, and awnings; • Hoses used for vehicle or building washing must have positive shutoff valves; • Irrigation with potable water is prohibited between the hours of 7 a.m. and 7 p.m.; • No irrigation shall be permitted on any day other than Monday and Thursday. It is recognized that providing specific maximum irrigation time limitations for various types of landscaping is difficult; however, staff recommends that the maximum timing for irrigating lawns be limited to no more than 15 minutes per station. This provision does not apply to City parks and facilities. However, City parks and facilities shall be managed to reduce the overall water use by 20% compared to the baseline period in 2013. This will allow staff to selectively manage irrigation to maintain high public use facilities and reduce water to other facilities as required. This provision also does not apply to hand-held hose watering of vegetation, if the hose is equipped with a positive water shutoff valve. • Potable water shall not be used to clean, fill, or maintain levels in outdoor decorative fountains; interior fountains must recirculate water; • Businesses must post notification of water shortage conditions in restrooms; 3 Update on the State Water Resources Board Mandatory Water Conservation May 18, 2015 Regulations and Adoption of a Resolution Implementing Water Use Restrictions • Hotels must post notification of water shortage conditions in rooms; • City buildings must post notification of water shortage conditions in restrooms and break rooms; • Broken or defective plumbing, sprinklers, or irrigation systems that permit the escape or leakage of potable water must be repaired within 24 hours of the discovery of the defect or leak; • Irrigation with potable water of ornamental turf on public street medians is prohibited; • Irrigation with potable water outside of newly constructed homes and buildings not in accordance with emergency regulations or other requirements established by the Building Standards Commission and the Department of Housing and Community Development is prohibited; • Irrigating outdoors during and within 48 hours following measurable rainfall is prohibited; • Restaurants shall not serve water to their customers unless the customer requests it; and • The City shall track and monitor overall citywide water consumption and report the information to the SWRCB. Public Outreach The City has sent citywide mailers stressing the importance of water conservation along with indoor and outdoor conservation tips. Numerous eNews articles as well as public billboards and roadway signage boards have also been used to remind the community of the need to save water during the drought. Going forward, staff will further intensify the public outreach and enforcement efforts to ensure that water conservation targets are met as follows: • Water conservation mailer to customers informing them about the new regulations and the continued need to conserve water and offering water saving tips; • Water conservation information and updates through the eNews, water bills, garbage bills, Chamber of Commerce newsletter and other publications; • Inspection of complaints related to potential water use violations, follow up with the customers, and provision of written warnings, door hangers, issuance of violation notices and fines as needed; • Posting of water conservation information in City buildings; and • Placement of message boards with water conservation information along the major thoroughfares. Enforcement The State has authorized issuing fines of up to $500 per violation. Given the level of conservation that has occurred to date, staff intends to issue notices of violations and warnings, n Update on the State Water Resources Board Mandatory Water Conservation May 18, 2015 Regulations and Adoption of a Resolution Implementing Water Use Restrictions and work to educate the customers who violate the state requirements of their obligations. In the event of multiple warnings and repeated violations, staff will issue administrative fines incrementally at $100, $200 and $500 as authorized by the Municipal Code. City's Current Water Conservation Programs Prior to the drought, the City had been actively promoting and participating in various water conservation programs including: • Annual rebate programs in conjunction with the Bay Area Water Supply and Conservation Agency (BAWSCA) for replacing old, inefficient toilets with high efficiency toilets; • Annual rebate programs in conjunction with BAWSCA and PG&E for replacing old, inefficient washing machines with high efficiency washing machines; • Performing water audits for large commercial customers to provide water conservation recommendations; • Providing water conservation education materials for schools; • Providing water efficient landscaping classes to residents through BAWSCA; • Providing water conservation giveaways, such as low flow shower heads, spray nozzles, moisture sensors, etc. at community events; • Adoption of an ordinance establishing indoor water use regulations requiring high efficiency water conservation fixtures; • Adoption of an ordinance establishing water conservation in landscaping regulations to irrigation areas for newly developed properties; • Installation of high efficiency toilets and water -less urinals in City buildings; and • Adoption of tiered water rates to promote water conservation. Many of these programs target indoor water use, thereby providing year-round reductions for "essential" water use and resulting in cost decreases for customers in both water and sewer bills. The City budgets $40,000 annually for rebate programs for high efficiency toilets and high efficiency washing machines and partial rebates for hotel replacement of toilets. These rebates are very popular with the residents and are generally oversubscribed. State regulations as well as the City's Water Shortage Contingency Plan target outdoor irrigation for water conservation because it provides the greatest opportunity to achieve water savings by restricting non-essential outdoor water use. Lawn Be Gone Program and Rain Barrel Rebate Programs At the April 20, 2015 meeting, the City Council requested information regarding BAWSCA's Lawn Be Gone and Rain Barrel Rebate programs: 5 Update on the State Water Resources Board Mandatory Water Conservation May 18, 2015 Regulations and Adoption of a Resolution Implementing Water Use Restrictions Lawn Be Gone Program The Lawn Be Gone Program rebate program is managed by BAWSCA for member agencies. Participating agencies provide a rebate amount ranging from $1 to $4 per square foot of converted lawn, with most providing the $1 rate. There is no maximum rebate; however, each application is subject to participating agency pre -approval and availability of funds. The program requires multiple inspections by the participating agency. A pre -construction inspection is required to verify eligibility for the program. Post -construction inspections are required to confirm that the converted area is at least 50 percent low water use plants (the difference may be permeable hardscape); there is at least a 3 -inch layer of mulch on exposed soil surfaces; and existing irrigation is capped and converted to drip with a rain shut off valve and pressure regulator. The program requires significant staffing resources to perform pre -and post - inspections to ensure the replaced landscaping meets the requirements. The City has not participated in the past, primarily due to the program's labor-intensive requirements. Rain Barrel Rebate Program The Rain Barrel Rebate Program is also managed by BAWSCA and allows customers to receive rebates for the purchase of rain barrels that meet specified criteria. The rebate amounts are up to $100 or the cost of the barrel, whichever is less. Although providing some benefit of storm water capture and use, the City has not been a participant in this program in the past due to limited resources, minimal benefit of water savings due to storage limitations of the barrels, and the climate of the area that provides minimal collection of storm water in summer months. FISCAL IMPACT Staff estimates that there will be significant immediate impacts associated with staff time to increase public outreach efforts, inspections, responses to complaints, and reporting to the SWRCB. The exact level of effort cannot be determined at this time as it will depend on the community response to the current drought. In addition, as water consumption decreases, revenue to the City from water charges will also decrease, but will be partially offset by the reduction in the total cost of wholesale water purchased from the San Francisco Public Utilities Commission (SFPUC). However, the SFPUC has already announced a 28% increase in the wholesale water rates for FY2015-16 to make up for their revenue shortfalls from reduced water consumption. The City will be updating the water rate model and will include decreased consumption assumptions in calculating rate requirements. The results of the study will be brought before the Council later this year. Exhibits: • Resolution • SWRCB Adopted Text of Emergency Regulations • SWRCB Regulatory Framework dated April 23, 2015 • Staff Report and Attachments dated April 20, 2015 I RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING THAT A WATER SHORTAGE CONDITION EXISTS, AND IMPLEMENTING WATER RESTRICTIONS IN COMPLIANCE WITH STATE REGULATIONS WHEREAS, over the past year, the Governor has taken unprecedented actions to target reduction of water use within the state; and WHEREAS, On May 5, 2015, the State Water Resources Control Board (SWRCB) adopted emergency regulations requiring an immediate 25 percent reduction in overall potable urban water use statewide in accordance with Gov. Jerry Brown's April 1, 2015 Executive Order; and WHEREAS, local water agencies are allowed to determine the most cost effective and locally appropriate way to achieve their water use reduction standard; and WHEREAS, based on per capita water consumption and current level of conservation efforts, a 16 percent water use reduction standard relative to the established base year consumption is set for the City of Burlingame; and WHEREAS, the SWRCB shows that Burlingame is already conserving approximately 17% of water use compared to the baseline consumption period in 2013. WHEREAS, a summary of new requirements is as follows: • The conservation savings for all urban water suppliers (serving more than 3,000 connections) are allocated across eight tiers of increasing levels of residential gallons per capita per day (R-GPCD) water use to reduce water use by 25 percent statewide and will take effect June 1. 2015. • Smaller water suppliers (serving fewer than 3,000 connections) must either reduce water use by 25 percent, or restrict outdoor irrigation to no more than two days per week. These smaller urban suppliers, that collectively serve less than 10 percent of Californians, must submit a report on December 15, 2015 to demonstrate compliance. • Commercial, Industrial and Institutional properties that are not served by a water supplier (or are self -supplied, such as by a groundwater well) also must either reduce water use by 25 percent or restrict outdoor irrigation to no more than two days per week. No reporting is required but these properties must maintain documentation of their water use and practices. • The new prohibitions in the Executive Order apply to all Californians and will take effect immediately upon approval of the regulation by the Office of Administrative Law. These include: o Irrigation with potable water of ornamental turf on public street medians; and o Irrigation with potable water outside of newly constructed homes and buildings not in accordance with emergency regulations or other requirements established by the Building Standards Commission and the Department of Housing and Community Development. • The above requirements are in addition to the existing restrictions that prohibit: o Using potable water to wash sidewalks and driveways; o Allowing runoff when irrigating with potable water; o Using hoses with no automatic shutoff nozzles to wash cars, o Using potable water in decorative water features that do not recirculate the water; o Irrigating outdoors during and within 48 hours following measurable rainfall; and o Restaurants serving water to their customers unless the customer requests it. • Additionally, hotels and motels must offer their guests the option to not have their linens and towels laundered daily and prominently display this option in each guest room; and WHEREAS, Stage 3 of City of Burlingame Water Shortage Contingency Plan, adopted as part of the City's 2011 Urban Water Management Plan, contains a majority of the conservation steps contained in the SWRCB regulations; and WHEREAS, per the requirements of Chapter 15.06 of the Burlingame Municipal Code, and the Water Shortage Contingency Plan, a declaration by the City Council of a "water shortage condition" is required to formally authorize staff to implement some of these measures; and WHEREAS, to fully comply with State regulations, a portion of Stage 3 of the City's Water Shortage Contingency Plan will need to be implemented; and WHEREAS, the following components of the Water Shortage Contingency Plan along with State mandated restrictions and prohibitions go beyond what is mandated by the State: • Water waste, flooding, or runoff into the street or gutters is prohibited; • Hoses cannot be used to clean hard surface areas, including but not limited to sidewalks, driveways, roofs, and awnings; • Hoses used for vehicle or building washing must have positive shutoff valves; • Irrigation with potable water is prohibited between the hours of 7 a.m. and 7 p.m.; • No irrigation shall be permitted on any day other than Monday and Thursday. It is recognized that providing specific maximum irrigation time limitations for various types of landscaping is difficult, however it is recommended that the maximum timing for irrigating lawns be limited to no more than 15 minutes per station. This provision does not apply to City Parks and facilities. However, the City Parks and facilities shall be managed to reduce the overall water use by 20% compared to the baseline period in 2013. This will allow staff to selectively manage irrigation to maintain high public use facilities and reduce water to other facilities as required. This provision also does not apply to hand- held hose watering of vegetation, if the hose is equipped with a positive water shutoff valve; • Potable water shall not be used to clean, fill, or maintain levels in outdoor decorative fountains; interior fountains must recirculate water; • Businesses must post notification of water shortage conditions in restrooms; • Hotels must post notification of water shortage conditions in rooms; • City buildings must post notification of water shortage conditions in restrooms and break rooms; • Broken or defective plumbing, sprinklers, or irrigation systems that permit the escape or leakage of potable water must be repaired within 24 hours of the discovery of the defect or leak; • Irrigation with potable water of ornamental turf on public street medians is prohibited; • Irrigation with potable water outside of newly constructed homes and buildings not in accordance with emergency regulations or other requirements established by the Building Standards Commission and the Department of Housing and Community Development is prohibited; • Irrigating outdoors during and within 48 hours following measurable rainfall is prohibited; and • Restaurants serving water to customers unless the customer requests it is prohibited; and WHEREAS, the State has authorized issuing fines of up to $500 per violation of these restrictions, and WHEREAS, the City's Municipal Code Chapter 1 authorizes the issuance of fines, which will be issued incrementally at $100, $200 and $500 in the event of violations continuing after multiple warnings and repeated violation notices. NOW, THEREFORE, be it RESOLVED, and it is hereby ORDERED, that the City Council of the City of Burlingame hereby declare that a water shortage condition exists in accordance with Section 15.06 of the Burlingame Municipal Code; and BE IT FURTHER RESOLVED that the City Council hereby adopts water use restrictions consistent with State regulations, the Municipal Code, and components of Stage 3 of the City's Water Shortage Contingency Plan as set forth above; and BE IT FURTHER RESOLVED that City staff is authorized to interpret and implement the provisions of this resolution, including enforcement of violations of the restrictions listed here through the provisions of Chapter 1 of the Municipal Code. Mayor I, MARY ELLEN KEARNEY, 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 May, 2015, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk ADOPTED TEXT OF EMERGENCY REGULATION Article 22.5. Drought Emergency Water Conservation. Sec. 863. Findings of Drought Emergency. (a) The State Water Resources Control Board finds as follows: (1) On January 17, 2014, the Governor issued a proclamation of a state of emergency under the California Emergency Services Act based on drought conditions; (2) On April 25, 2014, the Governor issued a proclamation of a continued state of emergency under the California Emergency Services Act based on continued drought conditions; (3) On April 1, 2015, the Governor issued a% -Executive Order that, in part, directs the State Board to impose restrictions on wit F suppliers to achieve a statewide 25 percent reduction in potable urban usage through February, 2016; require commercial, industrial, and institutional users to implement water efficiency measures; prohibit irrigation with potable water of ornamental turf in public street medians; and prohibit irrigation with potable water outside newly constructed homes and buildings that is not delivered by drip or microspray systems; (4) The drought conditions that formed the basis of the Governor's emergency proclamations continue to exist; (5) The present year is critically dry and has been immediately preceded by two or more consecutive below normal, dry.or critically dry years; and (6) The drought conditions will -likely continue for the foreseeable future and additional action byboth the .(ate Water Resources Control Board and local water suppliers will li)G I� be necessto prevent waste and unreasonable use of water and to further promote conservation Authority: Section 1058.5, Water Code References: Cal. Const., Art., X § 2; Sections 102, 104, 105, and 275, Water Code; Light i,. State Water Resources Control Board {2014) 226 Cal.AppAth 1463. Sec. 864. End -User Requirements in Promotion of Water Conservation. (a) To prevent the waste and unreasonable use of water and to promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency: (1) The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non -irrigated areas, private and public walkways, roadways, parking lots, or structures; (2) The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (3) The application of potable water to driveways and sidewalks; and (4) The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system; (5) The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall; (6) The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased; (7) The irrigation with potable water of ornamental turf on public street medians; and (8) The irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development. (b) To promote water conservation, operators: ofotels and motels shall provide guests with the option of choosing not to have towel's and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language. (c) Immediately upon this subdivts� making effect, all commercial, industrial and institutional properties that use a waterply, any portion of which is from a source 34- other than a water supplier subject to section 865, shall either: (1) Limit outdoor irrigation of ornamental landscapes or turf with potable water to no more than two days per we (2) Reduce potable water tas$ge'supplied by sources other than a water supplier by 25 percent for the months of Jlark 2015 through February 2016 as compared to the amount used from those sources for the same months in 2013. (d) The taking of any action prohibited in subdivision (a) or the failure to take any action required in'subdivisions (b) or (c), is an infraction, punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or Atltity: Section 1058.5, Water Code Refeices: Cal. Const:, Art., X § 2; Sections 102, 104, 105, 275, 350, and 10617, Water 6e; Light v. State; F1'ater Resogrces Control Board (2014) 226 Cal.App.4th 1463. Sec. 865. Mandato cttonsby Water Suppliers. (a) As used ction: (1) "Distrt�utor of a public water supply" has the same meaning as under section 350 of the Water Code, except it does not refer to such distributors when they are functioning solely in a wholesale capacity, but does apply to distributors when they are functioning in a retail capacity. (2) "R-GPCD" means residential gallons per capita per day. (3) "Total potable water production" means all potable water that enters into a water supplier's distribution system, excluding water placed into storage and not withdrawn for use during the reporting period, or water exported outsider the supplier's service area. (4) "Urban water supplier" means a supplier that meets the definition set forth in Water Code section 10617, except it does not refer to suppliers when they are functioning solely in a wholesale capacity, but does apply to suppliers when they are functioning in a retail capacity. (b) In furtherance of the promotion of water conservation each urban water supplier shall: (1) Provide prompt notice to a customer whenever the supplier obtains information that indicates that a leak may exist within the end-user's exclusive control. (2) Prepare and submit to the State Water Resources Control Board by the 15th of each month a monitoring report on forms provided by_the;.Board. The monitoring report shall include the amount of potable water the urbatmw upplier produced, including F water provided by a wholesaler, in the preceding -cadar month and shall compare that amount to the amount produced in the same calendar month in 2013. The monitoring report shall specify the population served by the urban water supplier; the percentage of water produced that is used for the resideri l sector, descriptive statistics on water conservation compliance and enforcement efforts,_and the number of days, that outdoor irrigation is allowed, and monthly.commercial, industrial and institutional sector use. The monitoring report shall also estifr♦ate the gallons of water per person per day'$sed by the residential customers it serves. (c)(1) To prevent the waste and unreasonable use of.water and to meet the requirements of the Governor's April=l, 2015 Executive Orde teach urban water supplier shall reduce its totak notable water prod*on by-the percentai entified as its conservation standard in this subdivisions u an wate supplier's conservation standard considers its service area's relative p€r'capita water usage. (2) Each urbi;n wyater supplier whose source of supply does not include groundyea„W r water imported from outside th8,hydrologic region in which the water suppligrYsToe;,d thithas a minimum of four years' reserved supply available may, submit to the Exeeufive Director for approval a',request that, in lieu of the reduction that would otherwise be required under paragraphs (3) through (10), the urban water supplier shall reduce its total potable; water production by 4 percent for each month as compared to the amount used in the same month n 2013. Any such request shall be accompanied by informatidifshowing that the supplier's sources of supply do not include groundwater or water import#from outS'idthe hydrologic region and that the supplier has a minimum of four years' reserved supply available. (3) Each urban water supplier whose average July-September 2014 R-GPCD was less than 65 shall reduce its total potable water production by 8 percent for each month as compared to the amount used in the same month in 2013. (4) Each urban water supplier whose average July-September 2014 R-GPCD was 65 or more but less than 80 shall reduce its total potable water production by 12 percent for each month as compared to the amount used in the same month in 2013. (5) Each urban water supplier whose average July-September 2014 R-GPCD was 80 or more but less than 95 shall reduce its total potable water production by 16 percent for each month as compared to the amount used in the same month in 2013. (6) Each urban water supplier whose average July -September 2014 R-GPCD was 95 or more but less than 110 shall reduce its total potable water production by 20 percent for each month as compared to the amount used in the same month in 2013. (7) Each urban water supplier whose average July -September 2014 R-GPCD was 110 or more but less than 130 shall reduce its total potable water production by 24 percent for each month as compared to the amount used in the same month in 2013. (8) Each urban water supplier whose average July -September 2014 R-GPCD was 130 or more but less than 170 shall reduce its total potable water production by 28 percent for each month as compared to the amount used in the same month in 2013. (9) Each urban water supplier whose average July -September 2014 R-GPCD was 170 or more but less than 215 shall reduce its total potable water production by 32 percent for each month as compared to the amount used in the same month in 2013. (10) Each urban water supplier whose average July -September 2014 R-GPCD was 215 or more shall reduce its total potable water production by 36 percent for each month as compared to the amount used in the same month in 2013. (d)(1) Beginning June 1, 2015, each' urban water supplier shall comply with the conservation standard specified in subdivision (c). (2) Compliance with the requirements of this subdivision shall be measured monthly and assessed on a cumulative basis. (e)(1) Each urban water supplier that provides --Potable water for commercial agricultural use meeting the definition of Governmentode section 51201, subdivision (b), may subtract the amount of water provided for commeWal agricultural use from its potable water production total, provided that any urban water kplilier that subtracts any water provided for commdial agricultl use from its total potable water production shall: - (A) Impose reductions determined locally appropriate by the urban water supplier, after considering the applicable urban water supplier conservation standard specified in subdivision, (c), for comamrcial agricultural users meeting the definition of Government Code section 51201, subdivision (b) served by the supplier; (B) Report its total potable water production pursuant to subdivision (b)(2) of this section, the total amount of water supplied for commercial agricultural use, and shall identify the reduction imposed on its commercial agricultural users and each recipient of potable water for commercial` agricultural use; (C) Certify that the agricultural uses it serves meet the definition of Government Code section 51201 subdivision (b)• and (D) Compliftth tt[d-Agricultural Water Management Plan requirement of paragraph 12 of the r' l 2015 Executive Order for all commercial agricultural water served by the supplier that is subtracted from its total potable water production. (2) Submitting any information pursuant to subdivision (e)(1)(B) or (C) of this section that is found to be materially false by the board is a violation of this regulation, punishable by civil liability of up to five hundred dollars ($500) for each day in which the violation occurs. Every day that the error goes uncorrected constitutes a separate violation. Civil liability for the violation is in addition to, and does not supersede or limit, any other remedies, civil or criminal. (f)(1) To prevent waste and unreasonable use of water and to promote water conservation, each distributor of a public water supply that is not an urban water supplier shall take one or more of the following actions: (A) Limit outdoor irrigation of ornamental landscapes or turf with potable water by the persons it serves to no more than two days per week; or (B) Reduce by 25 percent reduction its total potable water production relative to the amount produced in 2013. (2) Each distributor of a public water supply that is not an urban water supplier shall submit a report by December 15, 2015, on a form provided by the Board, that either confirms compliance with subdivision (f)(1)(A) or identifie -tgtal potable water production, by month, from June through November, 20_l"rid total potable water production, by month, for June through November 201 Authority: Section 1058.5, Water Code. =r, References: Cal. Const., Art., X § 2; Sepft-0 102, 104, 105, 275;350, 1846, 10617 and 10632, Water Code; Light v. State Wcldiesources Control Board (2014) 226 Cal.AppAth 1463. A Sec. 866. Additional Conservation Tools. ' (a)(1) To prevent the waste and unreasonable use of water and to promote conservation, when a water supplier does not meet its conservation standard required by section 865 the Executive Director, or the Executive Director's designee, may issue conservation orddrs requiring additional actions by the supplier to come into compliance with its conservation standard. (2) A decision or order issued under this article by the board or an officer or employee of the_board is subject toi%onsideration under article 2 (commencing with section 1122) a£`chapter 4 of part 1 of'drkion 2 of the California Water Code. (b) The Executive Director, or hisesignee, may issue an informational order, requiring water suppliers, or commercial, industrial or institutional properties that receive any portion of their supply;&om a source other than a water supplier subject to section 865, to submit additional iftf mationrelating to water production, water use or water conservation: The failure tavide the information requested within 30 days or any additional time extension granTed is a violation subject to civil liability of up to $500 per day for each day the violation'continues pursuant to Water Code section 1846. Authority: Section 1058.5, Water Code. References: Cal. Const., Art., X § 2; Sections 100, 102, 104, 105, 174, 186, 187, 275, 350, 1051, 1122, 1123, 1825, 1846, 10617 and 10632, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463. 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Staff further recommends that the City Council adopt the attached resolution to comply with the State Water Resource Control Board's (SWRCB) water use regulations to reduce water use by: • Declaring that a water shortage condition exists per Section 15.06 of the City of Burlingame Municipal Code; and • Adopting water use restrictions consistent with State regulations, the Municipal Code, and Stage 3 of the City of Burlingame Water Shortage Contingency Plan. BACKGROUND California is in the fourth year of a severe drought, with the lowest snow pack on record. Over the past year, the Governor has taken unprecedented actions to target reduction of water use within the state. The SWRCB will soon promulgate regulations and restrictions regarding the methods by which cities and towns are to achieve additional water use reductions as mandated by the Governor's most recent emergency Executive Order. The following summarizes the recent Executive Orders that have been issued by the Governor and regulations adopted by the SWRCB to achieve water use reductions statewide: Governor's Executive Orders On January 17, 2014, Governor Brown issued Proclamation No. 1-17-2014, a drought emergency proclamation, in response to three critically dry years in California. On April 25, 2014, Governor Brown issued an Executive Order to speed up actions necessary to reduce harmful effects of the drought, and he called on all Californians to redouble their efforts to conserve water. On December 22, 2014, Governor Brown issued another Executive Order, B- 28-14, extending certain provisions of the April 25, 2014, Executive Order through May 31, 2016. 1 Update on the State of California Water Shortage Emergency and Adoption of April 20, 2015 Resolution Implementing Stage 3 of the City Water Shortage Contingency Plan Most recently on April 1, 2015, Governor Brown issued Executive Order B-29-15, which requires the first-ever statewide mandatory water reductions, thereby triggering the SWRCB to implement measures to reduce urban potable water demand by 25% statewide compared to the amount used in 2013. Preliminary guidance has been provided by the SWRCB on specific reduction targets for individual agencies based on their per capita water consumption. The guidance also provides an estimated target water -use reduction for each agency, and a baseline for future determinations of excessive water use. Based on water conservation since the beginning of the drought, and the residential per capita water use per day for agencies throughout the state, the SWRCB has identified four categories of conservation standards as follows: Agencies with Residential Per Capita Per Day (Units in Gallons) Conservation Standard (Cuts Required) Under 55 10% 55-110 20% 110-165 ' 25% Over 165 35% Although Burlingame cut approximately 20% of its water use in the year 2014 compared to the same period in 2013, the SWRCB shows that Burlingame has conserved approximately 17% of water use, comparing to a slightly different time frame between the years 2013 and 2014. Because of the conservation efforts to date, and also because Burlingame's residential per capita water use per day is currently at 87.8 gallons, the SWRCB is placing Burlingame in the second group of water agencies, which are required to conserve 20%, as part of the overall plan to achieve a 25% statewide reduction. The 20% reduction in water use will be measured against 2013 consumption. SWRCB Drought Regulations On July 15, 2014, the SWRCB approved Resolution No. 2014-0038 to adopt an Emergency Regulation for Statewide Urban Water Conservation to ensure water suppliers, their customers, and state residents increase water conservation in urban settings. On March 17, 2015, the SWRCB issued Resolution No. 2015-0013 to adopt an Emergency Regulation for Statewide Urban Water Conservation, which contained expanded drought -related emergency regulations to ensure water suppliers, their customers, and state residents increase water conservation in urban settings. State Requirements on Californians and Businesses To date, the SWRCB regulations have prohibited the following water uses in California: Applying potable water to any driveway or sidewalk; 2 Update on the State of California Water Shortage Emergency and Adoption of April 20, 2015 Resolution Implementing Stage 3 of the City Water Shortage Contingency Plan Using potable water to irrigate outdoor landscapes in a manner that causes runoff to adjacent property, non -irrigated areas, private and public walkways, roadways, parking lots or structures; • Using a hose that dispenses potable water to wash a motor vehicle, unless the hose is fitted with a shut-off nozzle; • Using potable water in a fountain or decorative water feature, unless the water is recirculated; • Applying potable water to outdoor landscapes during and within 48 hours after measurable rainfall; and Serving drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars or other public places where food or drinks are served and/or purchased. In addition, operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily.' Requirements for Urban Water Suppliers Additionally, staff understands that the SWRCB is in the process of imposing the following requirements on urban water suppliers: • Implement water shortage contingency plans to a level where restrictions on outdoor irrigation are mandatory; • Report monthly water production, including an estimate of the gallons per capita per day used by residential customers; • Implement water shortage contingency plans to a level where the number of days that outdoor irrigation of ornamental landscapes or turf with potable water is restricted (i.e., two days per week for Burlingame); • Provide prompt notice to a customer whenever the supplier obtains information that indicates that a leak may exist within the end -user's exclusive control; and • Develop rate structures and other pricing mechanisms, including but not limited to surcharges, fees, and penalties, to maximize water conservation consistent with statewide water restrictions. Finally, violations of prohibited activities are considered infractions and may be punishable by fines of up to $500 for each day on which the violation occurs. 3 Update on the State of California Water Shortage Emergency and Adoption of April 20, 2015 Resolution Implementing Stage 3 of the City Water Shortage Contingency Plan DISCUSSION The City's Urban Water Management Plan, which contains the City's Water Shortage Contingency Plan, was adopted in 2011. The Water Shortage Contingency Plan already contains a majority of the conservation steps contained in the SWRCB regulations. Per the requirements of Chapter 15.06 of the Burlingame Municipal Code, and the Water Shortage Contingency Plan, a declaration by the City Council of a "water shortage condition" is required to formally authorize staff to implement some of these measures. To fully comply with State regulations, most of Stage 3 of the City's Water Shortage Contingency Plan will need to be implemented. As such, staff recommends that the City Council declare a water shortage condition, and authorize staff to implement the following components of Stage 3 of the Water Shortage Contingency Plan: • Water waste, flooding, or runoff into the street or gutters is prohibited. • Hoses cannot be used to clean hard surface areas, including but not limited to sidewalks, driveways, roofs, and awnings. • Hoses used for vehicle or building washing must have positive shutoff valves. • Irrigation with potable water is prohibited between the hours of 10 a.m. and 5 p.m. • Irrigation shall be restricted to two days a week according to the below schedule: o Odd Address — Monday and Thursday o Even Address —Tuesday and Friday o No Address — Monday and Thursday The above outdoor irrigation schedule is based on extensive discussions with the Bay Area Water Supply and Conservation Agency (BAWSCA) member agencies, and is proposed in an effort to maintain consistency with other agencies in the region. Additionally, this provision does not apply to hand-held hose watering of vegetation, if the hose is equipped with a positive water shutoff valve. Hand-held watering is allowed between the hours of 5 p.m. and 10 a.m. • Potable water shall not be used to clean, fill, or maintain levels in outdoor decorative fountains; interior fountains must recirculate water. • Businesses must post notification of water shortage conditions in restrooms. • Hotels mustpost notification of water shortage conditions in rooms. • City buildings must post notification of water shortage conditions in restrooms and break rooms. 4 Update on the State of California Water Shortage Emergency and Adoption of April 20, 2095 Resolution Implementing Stage 3 of the City Water Shortage Contingency Plan • Broken or defective plumbing, sprinklers, or irrigation systems that permit the escape or leakage of potable water must be repaired within 24 hours of the discovery of the defect or leak. Furthermore, this Council action will formally adopt certain regulations issued by the SWRCB that are not specifically listed in the City's Water Shortage Contingency Plan. As indicated above, the City's water use is already approximately 17% less than it was during the equivalent 2013 time period. This is very close to the water conservation target of 20% set by the State for Burlingame. However, continued conservation efforts by the community will be needed to achieve the required overall 25% reduction statewide water use through February 18, 2016 as mandated by the Governor. As stated above, the State has authorized issuing fines of up to $500 per violation. At this time, staff is not requesting authority from the Council to issues fines for water use violations. Staff will monitor the effect of the state regulations, implementation of Stage 3 of the City's Water Shortage Contingency Plan, and the City's ongoing conservation efforts to determine if additional enforcement in the form of fines and penalties is necessary to achieve further reductions. Given the level of conservation that has occurred to date, staff intends to only issue notices of violations and warnings, and work to inform the customers who may violate the state requirements of their obligations. Based on the monitoring of water conservation efforts, staff may return to the City Council with further updates, and/or for modifications to the regulations. City's Current Water Conservation Programs Prior to the drought, the City had been actively promoting and participating in various water conservation programs including: • Annual rebate programs in conjunction with BAWSCA for replacing old inefficient toilets with high efficiency toilets; • Annual rebate programs in conjunction with BAWSCA and PG&E for replacing old inefficient washing machines with high efficiency washing machines; • Performing water audits for large commercial customers to provide water conservation recommendations; • Providing water conservation education materials for schools; • Providing water efficient landscaping classes to residents through BAWSCA; • Providing water conservation giveaways, such as low flow shower heads, spray nozzles, moisture sensors, etc. at community events; • Adoption of an ordinance establishing indoor water use regulations requiring high efficiency water conservation fixtures; • Adoption of an ordinance establishing water conservation in landscaping regulations to irrigation areas for newly developed properties; 5 Update on the State of California Water Shortage Emergency and Adoption of April 20, 2015 Resolution Implementing Stage 3 of the City Water Shortage Contingency Plan • Installation of high efficiency toilets and water -less urinals in City buildings; and •. Adoption of tiered water rates to promote water conservation. Many of these programs target indoor water use, which provides year-round reductions for "essential" water use and results in cost decreases for customers in both water and sewer bills. State regulations as well as the City's Water Shortage Contingency Plan target. outdoor irrigation for water conservation because it provides the greatest opportunity to achieve water savings by restricting non-essential outdoor water use. The most recent Executive Order requires the SWRCB to work with agencies to implement tiered water rates to provide cost incentives for water conservation. Consistent with this philosophy for water pricing, in January 2013 the City adopted tiered water rates. Additionally, the City has sent citywide mailers stressing the importance of water conservation along with indoor and outdoor conservation tips. Numerous eNews articles as well as public billboards and roadway signage boards have also been used to remind the community of the need to save water during the drought. Going forward, staff will be further intensifying the public outreach and enforcement efforts to ensure that water conservation targets are met as follows: • Water conservation mailer to customers informing them about the new regulations and the continued need to conserve water and offering water saving tips; • Water conservation information and updates through the eNews; water bills, garbage bills, Chamber of Commerce newsletter and other publications; • Inspection of complaints related to potential water use violations, follow up with the customers, and provision of written warnings, door hangers, and issuance of violation notices; • Posting of water conservation information in City buildings; • Placement of message boards with water conservation information along the major thoroughfares; and • Tracking and monitoring of overall citywide water consumption and reporting to the SWRCB. FISCAL IMPACT Staff estimates that there will be significant immediate impact associated with staff time to increase public outreach efforts, inspections, responses to complaints, and reporting to the SWRCB. The exact level of effort cannot be determined at this time as it will depend on final regulations from the SWRCB and the community response to the current drought. In addition, as water consumption decreases, revenue to the City from water charges will also decrease but will be partially offset by the reduction in the total cost of wholesale water purchased from the San Francisco Public Utilities Commission (SFPUC). However, the SFPUC 0 Update on the State of California Water Shortage Emergency and Adoption of April 20, 2015 Resolution Implementing Stage 3 of the City Water Shortage Contingency Plan - has already announced a 28% increase in the wholesale water rates for FY2015-16 to make up for their revenue shortfalls from reduced water consumption. The City will be updating the water rate model and will include decreased consumption assumptions in calculating rate requirements. The results of the study will be brought before the Council later this year. Exhibits: • Resolution • Governor's Executive Order dated April 1, 2015 • SWRCB Resolution 2014-0038 • SWRCB Resolution 2015-0013 • SWRCB Regulatory Framework dated April 7, 2015 • Burlingame Municipal Code, Chapter 15.06 for Water Shortage Emergencies • City of Burlingame Water Shortage Contingency Plan Stages of Action 7 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING A WATER SHORTAGE CONDITION EXISTS, AND IMPLEMENTING STAGE 3 OF THE CITY'S WATER SHORTAGE CONTINGENCY PLAN WHEREAS, California is in the fourth year of a severe drought with the lowest snowpack on record; and WHEREAS, over the past year, the Governor has taken unprecedented actions to target reduction of water use within the State; and WHEREAS, most recently on April 1, 2015, Governor Brown issued Executive Order B-29-15 that required the first ever statewide mandatory water reductions requiring the State Water Resources Control Board (SWRCB) to implement measures to reduce potable water demand by 25% statewide compared to the amount used in 2013; and WHEREAS, the target reduction articulated by the SWRCB for Burlingame is 20% as part of the overall plan to achieve a 25% statewide reduction; and WHEREAS, to date, SWRCB regulations have prohibited the following water uses for Californians and businesses: • The application of potable water to any driveway or sidewalk; • Using potable water to irrigate outdoor landscapes in a manner that causes runoff to adjacent property, non -irrigated areas, private and public walkways, roadways, parking lots or structures; • Using a hose that dispenses potable water to wash a motor vehicle, unless the hose is fitted with a shut-off nozzle; • Using potable water in a fountain or decorative water feature, unless the water is recirculated; • The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall; • The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars or other public places where food or drinks are served and/or purchased; and • Operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily; and WHEREAS, SWRCB will soon be imposing the following requirements on urban water suppliers: • Implement water shortage contingency plans to a level where restrictions on outdoor irrigation are mandatory; • Report monthly water production beginning August 15 including an estimate of the gallons per capita per day used by residential customers; • Implement water shortage contingency plans to a level where the number of days that outdoor irrigation of ornamental landscapes or turf with potable water is allowed (i.e., two days per week for the City of Burlingame); • Provide prompt notice to a customer whenever the supplier obtains information that indicates that a leak may exist within the end-users exclusive control; • Violations of prohibited activities are considered infractions and are punishable by fines of up to $500 for each day in which the violation occurs; and • Develop rate structures and other pricing mechanisms, including but not limited to surcharges, fees, and penalties, to maximize water conservation consistent with statewide water restrictions; and WHEREAS, Stage 3 of City of Burlingame Water Shortage Contingency Plan, adopted as part of the City's 2011 Urban Water Management Plan, already contains a majority of conservation steps contained in the SWRCB regulations; and WHEREAS, components of Stage 3 of the Water Shortage Contingency Plan for implementation consists of: • Water waste, flooding, or runoff into the street or gutters is prohibited; • Hoses cannot be used to clean hard surface areas, including but not limited to sidewalks, driveways, roofs, and awnings; • Hoses used for vehicle or building washing must have positive shutoff valves; • Irrigation with potable water is prohibited between the hours of 10 a.m. and 5 p.m.; • Irrigation shall only be permitted two days per week. This provision does not apply to hand-held hose watering of vegetation, if the hose is equipped with a positive water shutoff valve, which is allowed between the hours of 5 p.m. and 10 a.m.; • Potable water shall not be used to clean, fill, or maintain levels in outdoor decorative fountains; interior fountains must recirculate water; • Businesses must post notification of water shortage conditions in restrooms; • Hotels must post notification of water shortage conditions in rooms; • City buildings must post notification of water shortage conditions in restrooms and break rooms; • Broken or defective plumbing, sprinklers, or irrigation system which permit the escape or leakage of potable water must be repaired within 24 hours of the discovery of the defect or leak; and WHEREAS, the Bay Area Water Supply and Conservation Agency (BAWSCA) is coordinating a consistent public outreach message for outdoor irrigation restrictions that would limit irrigation to two days per week according to the following schedule: • Odd Address — Monday and Thursday . • Even Address — Tuesday and Friday o No Address —Monday and Thursday. NOW, THEREFORE, be it RESOLVED, and it is hereby ORDERED, that the City Council declare that a water shortage condition exists in accordance with Section 15.06 of the Burlingame Municipal Code; and BE IT FURTHER RESOLVED that the City Council adopt water use restrictions consistent with State regulations, the Municipal Code, and components of Stage 3 of the City's Water Shortage Contingency Plan including to adherence to a modified BAWSCA recommended outdoor irrigation schedule; and BE IT FURTHER RESOLVED THERETO that the water use restrictions include all aforementioned restrictions and actions. Mayor I, MARY ELLEN KEARNEY, 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 20T4 day of APRIL, 2015, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk Zxetutine Department ,5tetc of olifornia EXECUTIVE ORDER B-29-15 WHEREAS on January 17, 2014, I proclaimed a. State of Emergsncy.to,exist throughout the State of California due to severe drought conditions; and WHEREAS on April 25, 20.14, 1 proclaimed a. Continued State of Emergency toexistthroughout the State of California duetothe ongoing drought; and. - WHEREAS California's water supplies continue to be severely depleted despite a limited amount of rain acid snowrall this winter, with record low snmpack in the Sierra Nevada mountains, decreased water levels in most of California's reservoirs, reduced flows in the state's rivers and shrinking supplies In underground. water basins; and WHEREAS the severe drought conditions: continua to present urgent challenges including: dfinking water shortages in communitles across the state, diniihlshed water foragrictrltuml productiori,. degraded habitat for many fish and wildlife species, increased wildfire risk, and the threat of saltwater contamination to fresh wafer supplies in,the Sacramento -San Joaquin Bay Delta; and WHEREAS a distinct possibility exists that the current drought will stretch Into a fifth straight year in 2010 and beyond; and WHEREAS new'expedlted actions are needed to reduce the harmful impacts from water shortages and other impacts of the drought; and WHEREAS the magnitude of the severe drought conditions continues to presont threats beyond the: control of the services; personnel, equipment, and facilities of any single local government and require the combined forces of a'mutual aid region or regions to combat;: and WHEREAS under the provisions of section 8558(b) of the Government Code, I find that conditions'of extreme peril to the safety of.persom and property continue to exist in California due to water shortage and drought conditions with which. local authority Is unable to cope; end WHEREAS under the provisions. of section 8571 of the California Government Code, I findthat strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay the mitigation. of the affects of the drought: NOW, THEREFORE, t; EQMUND G. BROWN JR., Governor of the. State of California, In accordance. with the authority vested in me by the Constitution and, statutes of the State of California, in particular Government Code. sections 8557 and 8571 of the California Govemn-rent Code, do hereby Issue. this Executive Order, effective Immediately. IT IS HEREBY ORDERED THAT: 1. The orders and provisions contained in my January 17, 2014 Proclamation, my April 26i 2014 Proclamation, and ExecutlVe Orders B-26-14 and B-28-14 rertiain in full force and effact:except as modified herein, SAVE MATER 2, The State Water Resource's Control Board (Water Board) shall impose restrictions lo.achieve asteewide 25'% reduction inmpoiable urban wafer usage through February 28, 2016. These restrictions will require water suppliers to California's cities and towns to reduce usage as compared to the amount used in 2013,.These. restrictions should corisiderthe relative'per . capita Water usage of'deck water suppllers' service area, and require that those areas With high per capita use achieve proportionally greater reductions then those with tow use. The Calffomta Public Utilities Commisslon is requested to take similar action with respect to Investor-owned .utliitles providing: water services.: 3. The Department of Water Resources (the Department). shall lead a statewide initiative, In partnership with local agencies, to collectively replace 6o million sc(uarefeet.of.lawnsand ornamental turf with drought tolerant landscapes. The Department shall prcvidefundina to allow for lawn replacement programs 1h.underserved communities, which will complement local programs already underway across the statai 4. The California Energy Commission, jointly with the. Department and the. Water Board, shall implement a time-limited statewide appliance rebate program to provide monetary incentives for the replacement of Inefficienthousehold devices. 5. The Water Board shall Impose restrictions to require that commercial, Industrial, and institutional properties,. such, as :campuses, golf courses, and cemeteries, immediately implementw.ater efficiency measures: to reduce potable Water usage in an amount consistent with the reduction. targets mendated by Directive 2 o this Executive Order. 6. The Water Board shall prohibitinigationwith potable water of ornamental turf on public streetmedians. 7. The Water Board shall prohibit irrigation with potable water outside of newly constructed homes and:buildingsthat is not delivered by drip or mierospray systems; -r p• . 8. The Water Board shall direct urban water suppliers to develop rate structures and otherpribing mechanismsi.including but not limited to surcharges, fees, and penalties, to maximize water conservation consistent with statewide water restrictions: The Water Board !a directed to adopt emergency regulations, as it deems necessary, pursuant to Water Code section 1058:5 to implement this directive, The Water Board is further directed to work with state agehcles and water suppliers to: identify mechanisms that Would' encourage and facilitate the adoption of rate structures And other pricing mechanlsmsthat promote water cohser(afion. The. Californla Public Utilitles Commission Is requested to take slinilar action with respect to investor-owned utilities providing water services. INCREASE ENFORCEMENT AGAINST WATER WASTE 9, The Wafer Board shall require urban watersuppllers to provide monthly information on water usage, conservation, and enforcement on a permanent basis•. 10. The: Water Board shall require frequent reporting of water diversion and use I y water right holders, conduct inspections to determine whether illegal diversionsi or wasteful and unreasonable: use ofweler are occurring, and bring enforcement actions against diverters and those.engaging in the wasteful and unreasonable use of water. Pursuant to Government Code sections 8570 and 8027, the Water Board is granted authority to inspect property or diversion fsoliRlee to ascertain compllanoe with water rights laws and regulations where there Is cause to beileve such laws and regulations have been violated. When.access is not granted by a property owner, the Water Board may obtain An inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1 B22.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive. 11. The Department shall update the State Model WaterEfficient Landscape Ordinance through expedited regulatlorl. This:updated Ordinance shall increase water efficiency standards for new and existing landscapes through more efficient irrigation systems, greywater'usage, onsitestdrm water capture, and by limiting the portion of landscapes that can be covered in turf. Itwill also require reporting on the implementation and enforcement of.lgcal. ordinances; with required reports due by December 31, 2015, The Department shall, provide Information on local compliance to the Water Board, which.shalf consider adopting regulations or taking appropriate enforcement actions to promote.compllance.. The Department shalt provide technical assistance and give priority In grantfunding to public agencies for actions necessary.lo, comply with, local ordinances. 1Z Agricultural water suppliers that supply water to mpre than 25,01)0 acres shall Include in their required 2015Agriobltdral Water Management Plans a. detailed.drought ma'hagement plan that descrlbeathe: actions and measures the supplier will take to managei water demand during drought. The Department shall require those plans to include quantification of water supplies and demands for 2013, 2014, and 2015 to the extent data is available; The Department will provide technical assistance to water suppliers in preparing the plans. 13; Agricultural.water suppliers that supply water to 10,0Q0 to 25,000 acres of irrigated'lands shall develop Agricultural Water Management Plans and Submit plans to the Department by July, 2016. These plans shall include.a detailed drought management plan and quantification of water supplies and demands in'2Q13,.2014, and 415, to the. extent that data is availabla.,The Department shall give priority in grantfunding tuagricultural water suppliers that Supplywaterto 10,000 to 26,000 acres of land for development and implementation. -of Agilcuitural Water Management Plans; 14t The.DepeitmentShall report to water Board on thestatus of the.Agricultural Wafer bifdnagerrieni P.Ian subm teals within one month of receipt ofthose . reports. 15. Local wateragencies in high and medium priority groundWaterbaslns shah IrnmedWelyimplementall requirements of the California Statewide Elevation evation Mon$bring Program pursuant to Water Code.section 10933, The Depafti cont shall refer noncompliant local water agencies within high and medium priority, groundwater basins to the Water Board by December 31, 2015, which shall consider adopting regulations or taking appropriate enforcement to promote compliance. 16. The.California Energy Commission shall adopt emergency regulations establishih9 standards that improvethe efficiency of water appliances, including,tollets, urinals, and, faucets available for sale and Instatlatiorrtn. new and w6sting buildings. INVEST IN NEW TECHNOLOGIES 1-7. The.Californla Energy Commission, jointly with the Department and the Water Board, shall implerr erd a Water Energy Technology (WET) program to: deploy Innovative water management technologies for businesses, residents, Industries, and agriculture. This program will achieve water and energy savings and greenhouse gas reductions by accelerating use of cutting-edge technologies such a$ renewable energy -powered desalination, integrated on- site reuse systems, water -use monitoring software,. irrigation system timing and precision technology, and on-farm precision technology. STREAMLINE GOVERNMENT RESPONSE 14, The Office of Emergency Services and the Department of,Housing and: QommunityOevelopmegt ahall 'workjointlywith counties to. provlde temporary assistance for persons movingirom Housing units due to.a lack of potable water who are served by a private weli'or water utility with less than 15 connections, and where all reasonable attempts:to find a potable water source have been exhausted. 19. State permitting agencies shall prioritize review. and approval of water Infrastructure. projects. and_ programs that increase local water supplies, including water recycling and. reservoir Improvement projects, surface water treatment plants, desalination plants, stormwater capture, and greywater systems. Agencles-shall report to the Governor's Office on applications,that have been pending for longer than.90.days, 222 20. The Department shall take actions required to plan and, if necessary, implement Emergency Drought Salinity Barriers in coordination and consultation with the Water Board and the Department of Fish and Wildlife at locations within the Sacramento.- San Joaquin delta estuary'.. These barriers will be designed to conserve water for use later in the year to meet state and federal Endangered Species Act requirements, preserve to the extent possible water quality in the Delta, and retain water supply for essential human health and safety in. 2015 and In the future. 21. The Water Board and the.Departmentof Fishand Wildlife shall Immediately consider any.necessary regulatory approvals .for the purpose of installation of the Emergency Drought Salinity Barriers. 22 The Department shall Immediately consider voluntary crop idling water transfer and water exchange proposals of oneryear or less in duration that are initiated by local.publio agencies and approved In 2015by the Department subjectto.the criteria set forth in.Water Code section 181.0. 23. The Water Board will prioritize new and amended We drinking water permits that enhance: watensupplyand, reliability for community water systems facing water shortages orthe texpand service connections to Include existing residences facing water shortages. As the Department of Public Health's. drinking Water program was transferred to the Water Board, any reference to the Department of PoblP.Health in any prior ProdUrriation or Executive Order Is in Paragraph 1. is deemed to refer to the Water Board. 24. The Califoriria Department of Forestry and Fire Protection shall launch a public Information campaign to educate the public on actions they can taketo help to prevent wildfires including the propertreatment of dead and dying trees. Pursuant to Government Code section 8645, $1.2 million from the State ResponsibllityArea Fire Prevention Fund (Fund 3063) shall be allocated to the Califorhia:Departmentof Forestry and. Fire Protection to carry out this directive. 25. The Energy Commission shall expedite. the processing of.all .applications. or petitions fo. r amendments.to power plant certifications Issued by the Energy Commission for the purpose of:secu[ingeltemate.water supplynecessary for continued pourer plant operation. Title- 20, section 1769 of the California Code of.RegUlati6ns la herebywaived for any Stich pefiition, and the Energy Commission' is authorized to create and Implement an alternative process to consider such petltlons. This process may delegate arnendment.approval authority, as appropriate, to the Energy Commission Executive Director. The. Energy Commissloh shall give timely notice to all relevant local, regional, and state agencies ofany petition subject to this directive, and shall post on its website any such petition. 26. For purposes of carrying, but directives 2•-9; 11, 16-17, 20-23, and 25,. Division 'i3 ('comrhenclrlg With sectlon 21000) of the Public Resources Code and regulations adopted pursuant to tti'at Diviaion are:hereby su'sppanded. This suspension applies to any actions. taken by state agencies, and.for actions taken by local agenoies.where the.state agency with primay 'responsibility for implementing -the directive concurs that local action is required, as; well as for any necessary permits or approvals required to complete these actions. This suspension,, and those specified in paragraph 9 of the January .17 2014 Proclamation, paragraph 19 of the April 25, 2014 proclamation, and paragraph 4'of Executive Order 8-26-14, shall r..emain in effect until May 31,201:@. Drought relief actions taken pursuant to these paragraphsahat are started prior to May 31, 2018,:but not completed, shall .not be subject to Division 1'3 (comrnencing With.section 21000) of the Public Resources Code for the tirpe required to cor plete them. 27. For purposes of carrying out directives 20.6nd 21, section 13247 and Chapter 3 of Part3 (commencing with section 85225). of the: Water Code are suspended. 28. For actions called for in this.proclamation in directive 20; the Department .shall exercise any authority vested in the Central Valley Flood Protection Board, as codified im Water Code section 8521., -et seq., that is necessary to enable these urgegt:actiom to be taken more quickly'than otherwise possible. The Director of the Department of Water Resources is specifically authooriied, oh behalf of the; State:.of California, to regUest that the Secretary of the Army, on the recommendation of the Chief of Enginsere ofthe Army Corps of Engineers, grant any permisslawrequired pursuant to section 14 ofthe' Rivers and Har5ors Act of 1899 and codified In section 48 of title 33 of the United States Code. 29'. The Department is directed to enter into agreements with landowners-fdr the purposes of planning and installation of the Emergency Drought Barriers In 2015 to the extent necessary to: accommodate access to barrier locations; land -side and water -side construction, and materials staging in proximity to barrier locations.. Where the D.eparthrent Is -unable tofeach an agreement with landowners, the Department may exercise thefull authority of Government Code section 8572. 30. For purposes of this. Executiva Order., chapter 3.5 (commencing with section 1'13401 of part 1 of division 3 of the Govemme .t Code and 'chapter 5 (conri-nencling with seetion 25400)' of division 15 of the Public, Resources Code are suspended for the devetoprrient and adoptlon. of regulations or guidelines needed to carry out'the provisions In this Order, Any entity issuing regulations or guidelines pursuantto this directive shall conduct a public , meeting on the. regulations and guidelines prior to adopting them. QrY 'l 31. In order to ensure that equipment and services necessary for drought response can be procured quickly; the provisions of the Government Code and the Public Contract Code applicable to state contracts, including; but not IirnRed to, advertising and competitive bidding requirements, are hereby suspendedfor directives 17, 20, and 24. Approval by the Department of Finance is required: prior to the execution of any contract entered Into pursuant to_these directives. This Executive Order Is not -intended to, and does not,:create any rights or benefits; substantive or procedural; enforceable at law or in. equity, against the. State of California, its agencies, departments, entities, officers, employees,. or any other person. I FURTHER DIRECT that as soon as. hereafter possible, this Order be filed In the Office: of the Secretary of State and that widespread publicity and.notibe lye given to this. Order. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of CaiffomIs to be affixed this 161 day of April 2015., EDMUND G. BROWN'JR. Governor of California ATTEST: ALEX PAD.ILLA Secretary of State. - �v=,a STATE WATER RESOURCES CONTROL BOARD RESOLUTION NO. 2014-0038 TO ADOPT AN EMERGENCY REGULATION FOR STATEWIDE URBAN WATER CONSERVATION WHEREAS: On April 25, 2014, Governor Edmund G. Brown Jr. issued an executive order to strengthen the state's ability to manage water and habitat effectively in drought conditions and called on all Californians to redouble their efforts to conserve water. The executive order finds that the continuous severe drought conditions present urgent challenges across the state including water shortages in communities and for agricultural production, increased wildfires, degraded habitat for fish and wildlife, threat of saltwater contamination, and additional water scarcity if drought conditions continue into 2015. The National Integrated Drought Information System reported that nearly 80% of the state was reported to be under "extreme" drought conditions at the end of June; 2. The executive order refers to the Governor's Proclamation No. 1-17-2014, issued on January 17, 2014, declaring a State of Emergency to exist in California due to severe drought conditions. The January Proclamation notes that the state is experiencing record dry conditions, with 2014 projected to become the driest year on record. Since January, state water officials indicate that reservoirs, rainfall totals and the snowpack remain critically low. This follows two other dry or below average years, leaving reservoir storage at alarmingly low levels. The January Proclamation highlights the State's dry conditions, lack of precipitation and the resulting effects on drinking water supplies, the cultivation of crops, and the survival of animals and plants that rely on California's rivers and streams. The January Proclamation also calls on all Californians to reduce their water usage by 20 percent; 3. There is no guarantee that winter precipitation will alleviate the drought conditions that the executive orders address, which will lead to even more severe impacts across the state if the drought wears on; 4. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: "prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter's priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports"; 5. Over 400,000 acres of farmland are expected to be (allowed, thousands of people may be out of work, communities risk running out of drinking water, and fish and wildlife will suffer. 6. Many Californians have taken bold steps over the years and in this year to reduce water use; nevertheless, the dire nature of the current drought requires additional conservation actions from residents and businesses. Some severely affected communities have implemented water rationing, limiting water use in some cases to only 50 gallons per person per day, foregoing showers, laundry, toilet flushing, and all outdoor watering. 7. Water conservation is the easiest, most efficient and most cost effective way to quickly reduce water demand and extend supplies into the next year, providing flexibility for all California communities. Water saved this summer is water available next year, giving water suppliers the flexibility to manage their systems efficiently. The more water that is conserved now, the less likely it is that a community will experience such dire circumstances that water rationing is required ; 8. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for lawns and outdoor landscaping. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water; 9. Public information and awareness is critical to achieving conservation goals and the Save Our Water campaign, run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response (ham:/lsaveounaater. co m). 10. Enforcement against water waste is a key tool in conservation programs. When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated; 11. The emergency regulations set a minimum standard requiring only, modest lifestyle changes across the state. Many communities are already doing more and have been for years. They should be commended, but can and should do more. Others are not yet doing so and should at least do this, but should do much more given the severity of the drought; 12. On July 8, 2014, the State Water Board issued public notice that the State Water Board would consider the adoption of the regulation at the Board's regularly -scheduled July 15, 2014 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations; 13. On April 25, 2014, the Governor suspended the California Environmental Quality Act's application to the State Water Board's adoption of emergency regulations pursuant to Water Code section 1058.5 to prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion of water, to promote water recycling or water conservation; 14. As discussed above, the State Water Board is adopting the emergency regulation because of emergency drought conditions, the need for prompt action, and current limitations in the existing enforcement process; 15. Disadvantaged communities may require assistance in increasing water conservation and state agencies should look for opportunities to provide assistance in promoting water conservation; 16. Nothing in the regulations or in the enforcement provisions of the regulations, preclude a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulations adopted by this resolution and local agencies retain their enforcement discretion in enforcing the regulations, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation. THEREFORE BE IT RESOLVED THAT: 1. The State Water Board adopts California Code of Regulations, title 23, sections 863, 864, and 865, as appended to this resolution as an emergency regulation; 2. The State Water Board staff will submit the regulation to the Office of Administrative Law (OAL) for final approval; 3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes; 4. These regulations shall remain in effect for 270 days after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions, or unless the State Water Board renews the regulations due to continued drought conditions as described in Water Code section 1058.5; 5. The State Water Board directs staff to provide the Board with monthly updates on the implementation of the emergency regulations and their effect; 6. Directs State Water Board staff to condition funding upon compliance with the emergency regulations, to the extent feasible; 7. Directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulations; and 8. Directs State Water Board staff in developing an electronic reporting portal to include data fields so that local agencies may provide monthly reporting data on (i) conservation - related implementation measures or enforcement actions taken by the local agency and (ii) substitution during the drought of potable water with recycled water to extend water supplies. THEREFORE BE IT FURTHER RESOLVED THAT: 9. The State Water Board commends water suppliers that have increased conservation messaging and adopted innovative strategies to enhance customer awareness of water use, such as applications that let customers compare their water use to water use by others; reduce system losses, such as fixing system leaks which can deplete supplies by 10 percent or more; and establish incentives to reduce demand, such as tiered or drought rate structures. The State Water Board also commends all Californians that have already been working to maximize their conservation efforts, both at home and at work; 10. The State Water Board calls upon water suppliers to take the following actions: Educate customers and employees • Retail water suppliers should provide notice of the regulations in English and Spanish in one or more of the following ways: newspaper advertisements, bill inserts, website homepage, social media, notices in public libraries; • Wholesale suppliers should include reference to the regulations in their customer communications; • All water suppliers should train personnel on the regulations; • All water suppliers should provide signage where recycled or reclaimed water is being used for activities that the emergency regulations prohibit with the use of potable water, such as operation of fountains and other water features; • All water suppliers should redouble their efforts to disseminate information regarding opportunities and incentives to upgrade indoor fixtures and appliances; All water suppliers should use education and the tools available through the Save Our Water website (http:/Isaveourwater.com); and • All.water suppliers should educate and prepare their boards and councils on the drought response actions contained in the emergency regulations and in this resolution, and to make sure that drought response items are placed on agendas as early as possible; Increasing local supplies • All water suppliers should accelerate the completion of projects that will conserve potable water by making use of non -potable supplies, such as recycled water, . "greywater," and stormwater collection projects; • All water suppliers should improve their leak reporting and response programs and request that police and fire departments and other local government personnel report leaks and water waste that they encounter during their routine duties/patrols; • Smaller water suppliers — those with fewer than 3,000 service connections — should take proactive steps to secure their communities' water supplies and educate their customers about water conservation and the status of their supply reserves; • All water suppliers should conduct water loss audits and make leak detection and repair a top priority for the duration of the drought; and • All urban water suppliers should evaluate their rate structures and begin to implement needed changes as part of planning for another dry year. Information and assistance on setting and implementing drought rates is available from the Alliance for Water Efficiency. (http://www.allianceforwaterefficiency.orgo. 11. The State Water Board calls on all Californians to take the following additional actions: • Further reduce water demand, whether by using less water in daily routines indoors and out, retrofitting appliances and installing greywater and rainwater catchment systems; and • Check residential and business water bills to see if there are high charges that may indicate a leak and to fix the leak, if they are able, or contact their local water utility if they need assistance. 12. The State Water Board encourages its staff, the Department. of Water Resources, the Public Utilities Commission, urban water suppliers, and other local agencies to look for opportunities to encourage and promote new technologies that reduce water usage, including through timely access to water usage information and behavioral response. 13. The. State Water Board encourages all state and local agencies to look for additional opportunities to minimize potable water use in outdoor spaces. 14. The State Water Board encourages investor-owned utilities to expeditiously submit applications for implementation of the regulations to the California Public Utilities Commission. CERTIFICATION The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on July 15, 2014. AYE: Chair Felicia Marcus Vice Chair Frances Spivy-Weber Board Member Steven Moore Board Member Dorene D'Adamo NAY: None ABSENT: Board Member Tam M. Doduc ABSTAIN: None 2 L 9CU�tt10 Jeaniyfo Townsend Clerk the Board PROPOSED TEXT OF EMERGENCY REGULATIONS Article 22.5. Drought Emergency Water Conservation Sec. 863 Findings of Drought Emergency (a) The State Water Resources Control Board fords as follows: (1) On January1 7, 2014, the Governor issued a proclamation of a state of emergency under the California Emergency Services Act based on drought conditions; (2) On April 25 2014 the Govemor issued a proclamation of a continued state of emergency under the California Emergency Services Act based on continued drought conditions; U The drought conditions that formed the basis of the Governor's emergency proclamations continue to exist; (4) The presentear is critically dry and has been immediately preceded by two or more consecutive below normal, dry, or critically dry years: and (5) The drought conditions will likely continue for the foreseeable future and additional action by both the State Water Resources Control Board and local water suppliers will likes be necessary to further promote conservation. Authority: Wat. Code, 6 1058.5. References: Wat. Code, §§ 102, 104, 105. Sec. 864 Prohibited Activities in Promotion of Water Conservation (a) To promote water conservation each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency: (1) The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non -irrigated areas, private and public walkways roadways parking lots, or structures; cease dispensing water immediately when not in use: addition to any other applicable civil or criminal penalties, is an infraction, punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs, Authority Wat. Code, S 1058.5. References: Wat Code, H 102, 104. 105. PROPOSED TEXT OF EMERGENCY REGULATIONS sWTliers when they are functioning solely in a wholesale capacity, but does VTll y to smpliers when they are functioning_in a retail capacity. (c) To promote water conservation, each urban water supplier that does not have a water shortage contingency plan or has been notified by the Department of Water ornamental landscapes or turf with potable water by the persons it serves to no more than two days per week or shall implement another mandatory conservation measure or measures intended to achieve a comparable reduction in water consumption by the persons it serves relative to the amount consumed in 2013. of each month a monitoring report on forms provided by the Board. The monitoring rroort shall include the amount of potable water the urban water supplier produced including water provided by a wholesaler, in the preceding calendar month and shall compare that amount to the amount produced in the same calendar month in 2013. Beginning October 15, 2014, the monitoring report shall also estimate the gallons of water per person per day used by the residential customers it serves. In its initial defined in Water Code section 350, that is not an urban water supplier shall, within thirty (30) days, take one or more of the following actions: (1) Limit outdoor irrigation of ornamental landscapes or turf with potable water by the persons it serves to no more than two days per week or Authority Wat. Code, 6 1058.5. References: Wat. Code, H 102,104,105; 350: 10617: 10632. STATE WATER RESOURCES CONTROL BOARD RESOLUTION NO. 2015-0013 TO ADOPT AN EMERGENCY REGULATIONS FOR STATEWIDE URBAN WATER CONSERVATION WHEREAS: 1. On April 25, 2014, Governor Edmund G. Brown Jr. issued an executive order (April 2014 Proclamation) to strengthen the State's ability to manage water and habitat effectively in drought conditions, and called on all Californians to redouble their efforts to conserve water. The April 2014 Proclamation finds that the continuous severe drought conditions present urgent challenges across the State, including water shortages in communities and for agricultural production, increased wildfires, degraded habitat for fish and wildlife, threat of saltwater contamination, and additional water scarcity, if drought conditions continue into 2015. The April 2014 Proclamation also suspends the environmental review required by the California Environmental Quality Act to allow the emergency regulation and other actions to take place as quickly as possible; 2. The April 2014 Proclamation refers to the Governor's Proclamation No. 1-17-2014, issued on January 17, 2014, declaring a drought State of Emergency to exist in California due to severe drought conditions (January 2014 Proclamation). The January 2014 Proclamation finds that dry conditions and lack of precipitation present urgent problems to drinking water supplies and cultivation of crops, which put farmers' long- term investments at risk. The conditions also threaten the survival of animals and plants that rely on California's rivers, including many species in danger of extinction. The January 2014 Proclamation also calls on all Californians to reduce their water usage by 20 percent; 3. On December 22, 2014, In light of the continued lack of rain, Governor Brown issued Executive Order B-28-14, which extends the California Environmental Quality Act suspension through May 31, 2016 for Water Code section 13247 and certain activities identified in the January 2014 and April 2014 proclamations; 4. Drought conditions are continuing. As of March 3, 2015, snow water equivalents for the Northern, Central, and Southern Sierra regions were at 16 percent, 20 percent, and 21 percent of normal for that date, respectively. Additionally, most reservoirs are less than 60 percent full and January 2015 was one of the driest months ever recorded in California history. Moreover, many communities face the prospect of needing emergency drinking water supplies; 5. The likelihood that any additional precipitation will significantly reduce the severity of drought conditions this year is extremely low; 6. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: "prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is hot available under the diverter's priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports"; 7. On July 15, 2014, the State Water Board adopted an emergency regulation to support water conservation (Resolution No. 2014-0038), and that regulation became effective July 28, 2014 upon approval by the Office of Administrative Law (OAL); 8. The current emergency regulation will expire on April 25, 2015; 9. The current emergency regulation has supported Californians' water conservation efforts, with over 119 billion gallons saved from August 2014 through January 2015; 10. Many Californians have taken bold steps over the years and in this year to reduce water use; nevertheless, the dire nature of the current drought requires additional conservation actions from residents and businesses. Some severely -affected communities have implemented water rationing, limiting water use in some cases to only 50 gallons per person per day, foregoing showers, laundry, toilet flushing, and all outdoor watering; 11. Water conservation is the easiest, most efficient and most cost-effective way to quickly reduce water demand and extend supplies into the next year, providing flexibility for all California communities. Water saved this summer is water available later in the season or next year, giving water suppliers the flexibility to manage their systems efficiently; 12. In many areas, 50 percent or more of daily water use is for lawns and outdoor landscaping. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water; 13. Most urban water suppliers have placed restrictions on outdoor watering, but the State Water Board has nevertheless received many reports of excessive water use; 14. Education and enforcement against water waste is a key tool in conservation programs. When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated; 15. Public information and awareness is critical to achieving conservation goals, and the Save Our Water campaign, run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response (http://saveourwater. com); 16. Other parts of the world have faced social and economic hardship due to severe drought. Californians must continue to make lifestyle changes, including landscape choices that conserve even more water; 17. On March 6, 2015, the State Water Board issued public notice that it would consider the adoption of the emergency regulation at the Board's regularly -scheduled March 17, 2015 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment.a Finding of Emergency that complies with State laws and regulations; 18. As discussed above, the State Water Board is adopting the emergency regulation because of the continuing emergency drought conditions, the need for prompt action, and the need to act before the current emergency regulation expires on April 25, 2015; and 19. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and local agencies retain the enforcement discretion In enforcing the regulation to the extent authorized. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation. THEREFORE BE IT RESOLVED THAT: 1. The State Water Board re -adopts California Code of Regulations, title 23, sections 863, 864,and 865, as appended to this resolution as an emergency regulation; 2. State Water Board staff will submit the regulation to the OAL for final approval; 3. If, during the approval process, State Water Board staff, the State Water Board, or CAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes; 4. This regulation shall remain in effect for 270 days after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions, or unless the State Water Board renews the regulation due to continued drought conditions as described in Water Code section 1058.5; 5. The State Water Board directs staff to provide the Board with monthly updates on the implementation of the emergency regulation and its effect; 6. The State Water Board directs staff to condition funding upon compliance with the emergency regulation, to the extent feasible; 7. The State Water Board directs staff to work with the DWR and the Save Our Water campaign to disseminate information regarding the emergency regulations; and B. The State Water Board directs staff to update the electronic reporting portal to include data fields for local agencies to report on compliance and enforcement activities. THEREFORE BE IT FURTHER RESOLVED THAT: 9, The State Water Board commends Californians who heeded the call for conservation and have helped to save over 119 billion gallons from August 2014 through January 2015. The State Water Board calls upon Californians to redouble their conservation efforts in the face of a fourth year of severe drought. For homeowners and businesses that have delayed removing turf, planting drought -tolerant landscapes, or installing efficient irrigation systems, the time to act is now; 3 10. The State Water Board calls upon water suppliers to ensure that they have adequate personnel and financial resources to implement conservation requirements not only for 2015, but also for another year of drought should it occur. Water suppliers that face budget shortfalls due to reduced sales should take immediate steps to raise necessary revenues in a way that actively promotes continued conservation. In Resolution No. 2014-0038, the State Water Board called on all urban water suppliers to evaluate their rate structures and begin to implement needed changes as part of planning for another dry year. These efforts should be continued and redoubled; 11. Disadvantaged communities may require assistance in increasing water conservation and State agencies should look for opportunities to provide assistance in promoting water conservation; 12. The State Water Board calls upon all water suppliers to take further actions to increase water conservation, such as by: a. providing customers with timely and easy -to -understand information on the average b. number of gallons they use each month and each day within their billing period; accelerating the completion of projects that will conserve potable water by making use of non -potable supplies, such as recycled water and stormwater collection projects; and c, accelerating projects to fix leaks, and to conduct a system -wide water loss audit as soon as possible; 13. The State Water Board calls upon the restaurant and hospitality industry to take further actions to increase water conservation, such as by utilizing water efficient pre -rinse spray valves for dish washing and training staff on the new regulation so that the minimum amount of water is used to wash towels and linens; and 14. The State Water Board directs staff to develop a statewide portal for reporting water waste. CERTIFICATION The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on March 17, 2015. AYE: Chair Felicia Marcus Vice Chair Frances Spivy-Weber Board Member Tam M. Doduc Board Member Steven Moore Board Member Dorene D'Adamo NAY: None ABSENT: None ABSTAIN: None ti�Ii��Ud7�- Jeani Townsend Clerk o the Board ADOPTED TEXT OF EMERGENCY REGULATION Article 22.5. Drought Emergency Water Conservation Sec. 863 Findings of Drought Emergency (a) The State Water Resources Control Board finds as follows: (1) On January 17, 2014, the Governor issued a proclamation of a state of emergency under the California Emergency Services Act based on drought conditions; (2) On April 25, 2014, the Governor issued a proclamation of a continued state of emergency under the California Emergency Services Act based on continued drought conditions; (3) The drought conditions that formed the basis of the Governor's emergency proclamations continue to exist; (4) The present year is critically dry and has been immediately preceded by two or more consecutive below normal, dry, or critically dry years; and (5) The drought conditions will likely continue for the foreseeable future and additional action by both the State Water Resources Control Board and local water suppliers will likely be necessary to further promote conservation. Authority: Wat. Code, § 1058.5. References: Wat. Code, §§ 102,104,105. Sec, 864 Prohibited AefivifiesEnd-User Requirements in Promotionof Water Conservation (a) To promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency: (1) The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non -irrigated areas, private and public walkways, roadways, parking lots, or structures; (2) The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (3) The application of potable water to driveways and sidewalks; -and (4) The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system:; (5) The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall• and other public places where food or drink are served and/or purchased. (b) To promote water conservation, operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel_ or motel shall prominently display notice of this option in each auestroom using clear and easily understood language. Of c The taking of any action prohibited in subdivision (a) or the failure to take any action required in subdivision (b)is-seetien, in addition to any other applicable civil or criminal penalties, is an infraction, punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. Authority: Wat. Code, § 1058.5. References: Wat. Code, §§ 102, 104, 105. Sec, 865 Mandatory Actions by Water Suppliers (a) The term "urban water supplier," when used in this section, refers to a supplier that meets the definition set forth in Water Code section 10617, except it does not refer to suppliers when they are functioning solely in a wholesale capacity, but does apply to suppliers when they are functioning in a retail capacity. (b)(1) To promote water conservation, each urban water supplier shall implement all requirements and actions of the stage of its water shortage contingency plan that impeses-includes mandatory restrictions on the number of days that outdoor irrigation of ornamental landscapes or turf with potable water is allowed, or shall amend its water approved alternate plans as described in subdivision (b)(2) are exempted from this requirement. (2) _ urban water supplier may submit a request to the Executive Director for approval of an alternate plan that includes allocation -based rate structures that satisfies the requirements of chapter 3.4 . (commencing with section 370) of division 1 of the Water Code, and the Executive Director may approve such an alternate plan upon determining that the rate structure, in conjunction with other measures, achieves a level of conservation that would be superior to that achieved by implementing limitations on outdoor irrigation of ornamental landscapes or turf with potable water by the persons it serves to no more than two days per week. (c) To promote water conservation, each urban water supplier that does not have a water shortage contingency plan that restricts the number of days that outdoor irrigation of ornamental landscapes and turf with potable water is allowed, or has been notified by the Department of Water Resources that its water shortage contingency plan does not meet the requirements of Water Code section 10632 shall, within thii#y-fo -five(3045) days,, limit outdoor irrigation of ornamental landscapes or turf with potable water by the persons it serves to no more than two days per we or sha4l implement ..nacho_ (d) In furtherance of the promotion of water conservation each urban water supplier shall (1) Provide prompt notice to a customer whenever the supplier obtains information that indicates that a leak mU exist within the end-users exclusive control. Q Prepare and submit to the State Water Resources Control Board by the 15a' of each month a monitoring report on forms provided by the Board. The monitoring report I shall include the amount of potable water the urban water supplier produced, including water provided by a wholesaler, in the preceding calendar month and shall compare that amount to the amount produced in the same calendar month in 2013. Beginning Oeteber °� 1 , tThe monitoring report shall specify the population served by the urban water supplier, the percentage of water produced that is used for the residential sector, descriptive statistics on water conservation compliance and enforcement efforts, and the number of days that outdoor irrigation is allowed. The monitoring report shall also estimate the gallons of water per person per day used by the residential customers it serves. In its i-nitial manitaFiag repei4, eash ufban watef supplier shall state the number e%persens-n.,�,._ve�.r (e) To promote water conservation, each distributor of a public water supply, as defined in Water Code section 350, that is not an urban water supplier shall, within d4ity h -five (3045) days, take one or more of the following actions: (1) Limit outdoor irrigation of ornamental landscapes or turf with potable water by the persons it serves to no more than two days per week; or (2) Implement another mandatory conservation measure or measures intended to achieve a e@mparable20 percent reduction in water consumption by the persons it serves relative to the amount consumed in 2013. Authority: Wat. Code, § 1058.5. References: Wat. Code, §§ 102, 104,105; 350; 10617; 10632. 3 MANDATORY CONSERVATION PROPOSED REGULATORY FRAMEWORK The Governor's AApril 1. 2015 Executive Order directs the State Water Board to impose restrictions to achieve an aggregate statewide 25% reduction in potable urban water use through February2016. The Executive Order stipulates the 25% reduction in water use as compared to 2013, but proposes flexibility in how to achieve this reduction In recognition of the level of conservation already achleve,,d by many communities around the State, Input Requested: The State Water Board is interested In receiving feedback on these regulatory concepts as well as other Ideas on how a 25% reduction could be structured. Please submit comments and Ideas on the proposed framework by email to Jessica Bean at Jessica.Bean(a)waterboards,ce.aov by April 13, 2015, Urban Water Suppliers Apportioning Water Supplier Reductions: The Executive Order directs the State Water Board to consider the relative per capita water usage of each water suppliers' service area, and have those areas with high per capita use achieve proportionally greater reductions than those with low use. Reporting on residential per capita (R-GPCD) water use began in October 2014 for the September 2014 reporting period. Residential per capita water use is highest during the summer months when outdoor irrigation demand Is high. Reported summertime water use is also generally more consistent because the weather varies less from year to year than during the winter, Accordingly, September 2014 R-GPCD serves as a reasonable basis for placement of the 411 urban water suppliers into five categories as follows: R-GPCD Range (Sept 2019 # of -Suppliers within Range Conservation Standard Under5S 18 10% 55-110 126 20%. ' 110-165 132 25% Over 165 135 35% The proposed breakdown of water suppliers into R-GPCD groupings with corre§pohding conservatign standards is intended to equitably and effectively achieve a 25%aggregate statewide reduction in potable urban water use. Draft Regulatory Framework *** April 7,.2015 Page 1 11. New Reporting Requirements: To assess compliance by commercial, industrial, and Institutional (CII) sector customers and actions taken by urban water suppliers to reduce CII sector use, the following additional reporting requirements are proposed: • Monthly commercial sector use; • Monthly large landscape commercial customer use (e.g. golf course's, amusement parks); • Monthly Industrial sector use; • Monthly institutional sector use; and • Monthly large landscape Institutional customer use (e.g. cemeteries, college campuses). Reporting requirements under the existing Emergency Regulation that took effect March 27, 2015, will remain In effect. ill. Compliance Assessment: To determine If urban water suppliers are meeting required use reductions, water production data, as reported by each Individual water supplier for the months of June 2015 through February 2016, will be compared to the same period(s) in 2013. Given the severity of the current drought, the State Water Board will assess suppliers' compliance for both monthly and cumulative water usage reductions. IV. Enforcement: The State Water Board has a variety of tools available to enforce its regulations: • Informal enforcement, such as warning letters, can provide a clear reminder to water suppliers of the requirements and an alert that their conservation programs are not achieving the desired water savings. Warning letters would generally not be accompanied by monetary penalties • Formal enforcement actions include Cease and Desist Orders (CDO) to stop non- compliant activity. These Orders generally contain a description of the specific actions, and a timeline for implementing them, required for the recipient to return to codipilance. Nan-compllance with a CDO during a drought emergency, such as the current one, can result in a complaint to assess Administrative Civil Liabilities of up to $.10,000 for each day of non-compliance. In addition to those existing tools, other tools maybe needed to ensure compliance for the " short duration of the regulations. These tools would be developed through the emergency " rulemaking and would be remain In effect for Its duration (2.70 days unless extended by the State Water Board). The tools Include:.• . Draft Regulatory Framework *** April 7, 7,015 Page 2 • informational orders that would enable the Board to require specific data and other facts on conservation practices if conservation targets are not being met. • Conservation Orders that would go into effect immediately upon receipt, as opposed to CDOs that can only be issued and enforced afterthe State Water Board holds an evidentiary hearing, If one Is requested. A conservation order would describe the specific actions required for the recipient to come Into compliance with the requirements of the regulation. Issuance of a conservation order would be subject to recons[deration by the Board and violation of a conservation order would not be subject to the enhanced penaltles associated with violation of a CDO during a drought emergency. The tools will be used alone, or in combination, to address the following compliance problems: • Failure of water suppliers to file reports as required by the regulation; • Failure to implement prohibitions and restrictions as described in the Governor's Executive Orders and the emergency regulation; and • Failure of water suppliers to meet the assigned water use reduction target, Small Water Suppliers there are over 2,600 small water suppliers (those with fewer than 3,000 service connections) thatprovide water to over 1.5 million Californians. Under the existing Emergency Regulation that took effect -March 27, 2015, these suppliers are required to either limit outdoor Irrigation to no more than two times per week or to institute measures that achieve a 20% reduction In use. Small suppliers are not required to report their water production to the Board, but are expected to have the data available on request. Small suppliers will need to contribute to achieving the statewide 25% potable urban water use reduction called for in the Executive Order. Apportioning Water Supplier Reductions: Up until the release of the April 1, 2015 Executive Order, all water suppliers were being asked to achieve a voluntary 20% reduction in water use, The existing emergency regulation assigns responsibilities to both larger urban watersuppliers and small suppliers to restrict Irrigation to achieve the 20% reduction target. Under this proposal, small water suppliers would be required to achieve a 25% water savings as compared to their 2013 water use under the new regulation. Draft Regulatory Framework ** April 7,2M I Page 3 11, Reporting Requirements: To date, small water suppliers have not been required -to report on their water use or conservation measures. Small suppliers would now be directed to provide a one-time report to the State Water Board, 180 days after the effective date of the new emergency regulation, addressing at a minimum; • Potable water production from June -November 2013 and June -November 2015; • The number of days per week outdoor irrigation is allowed and other restrictions implemented to achieve a 25% water use reduction, and • Specific restrictions on CIi sector use. III. Compliance Assessment: Compliance would be based upon whether small suppliers submitted the required dataand metthe 25% water use reduction requirement. IV. Enforcement: The State Water Board may use any of the tools discussed above, as appropriate. Additional Prohibitions and End -User Requirements The State Water Board's existing emergency regulation includes a number of water use ' prohibitions that apply to all Californians and end-user restrictions that apply to specific water users, such as restaurants and hotels. These existing restrictions will remain in effect, and consistent with the Executive Order, the following new prohibitions will be put in place: • The use of potable water outside of newly constructed hombs and buildings that is not delivered by drip or micro -spray systems will be prohibited; and • The use of potable water to Irrigate ornamental turf on public street medians will be prohibited. The State Water Board will also consider adding requirements for large landscape users (e.g. commercial, Industrial, institutional) not served by elthertype of water supplier discussed above to achieve the 25% statewide reduction in potable urban water use. Draft Regulatory Framework � April 7, 2015 Page 4 MANDATORY CONSERVATION ACHIEVING A 25% STATEWIDE REDUCTION IN POTABLE URBAN WATER USE FACT' SHEET Background With California facing one of the most severe droughts on record, Governor Brown declared a drought State of Emergency in January 2014, Since that time, the Governor has Issued three additional Executive Orders directing actions to prepare for water shortages. For the first time in state history, the.Governor, In his April 1, 2015 Executive Order, directed the State Water Boardto Implement mandatory water reductions In cities and towns across California to reduce potable urban water usage by 25 percent statewide, This savings amounts to approximately 1.3 million acre-feet of water overtha next nine months, or nearly as much water as Is currently Intake Oroville, To achieve these savings, the State Water Board Is expediting emergency regulations to set usage targets for communities around the State. Applicability The mandatory water reductions, along with specific restrictions on commercial, Industrial and institutional Irrigation uses, apply to urban, water suppliers as defined in water code section 10617, excluding wholesalers. Generally, urban water suppliers serve more than 3,000 customers or deliver more than 3,000 acre feet of water per year. Suppliers regulated by the Public Utilities Commission are Included in the mandatory water restrictions. The Executive Order requests that the Public Utilities Commission require Investor-owned water utilities to Implement reductions consistent with the State Water Board requirements for all other urban water suppliers, The specific restrictions and prohibitions on water use in the Executive order apply to all Californians and are In addition to the specific . restrictions and prohibitions contained In the emergency conservation regulation approved by the Office of Administrative Law (DAL) on March 27, 2015. Proposed Schedule The State Water Board Is expediting the development and adoption of additional regulations to Implement the new restrictions and prohibitions contained in the Executive order. There will be several opportunitles for stakeholder involvement priorto the release of the formal notice of emergency rulemaking. The first opportunity followsthe release of a Proposed Regulatory Framework and the second will follow the release of -draft a regulation, as follows: • Governor issues Drought Executive Order April 1, 2015 • Notice announcing release of draft•regulatory April 7, 2015 framework and request for public comment • Notice announcing rvleaseof draft April 17, 2015 " regulation for Informal public comment • Emergency rulemaking formal notice April 28, 2015 Board hearing and adoption May 5 or 6, 2015 Mandatory Conservation Regulatf on FACT SURT *** April 7, 2013 Page l Content of Emergency Rulemaking Package This rulemaking package will address the following provisions of the April 1;2035 Executive Order, Ordering Provision 2: Mandatory 25% reduction In potable urban water use; . Ordering Provision 5: Commercial, Industrial and Institutional potable water use reductions; Ordering Provision 6: Prohibition on using potable waterfor Irrigation of ornamental turf In street medians; and Ordering Provision 7: Prohibitlon on using potable waterfor irrigation outside of new,home construction without drip or micro -spray systems. Rate structuresand other pricing mechanisms, which are very Important tools for reducingwater use, will betaken up in the coming weeks as required by Ordering Provision 8. How You Can Help To meet a mid-May to June 1 timeline far implementation of the emergency regulation, Interested persons and organizations will be requested to provide input within one weekof a document's release, To assist the Board In most thoughtfully addressingthls dire situation, please consider the following general questions asyou prepare your comments: 1. Are there other approaches to achieve a 25% statewide reduction in potable urban water use that would also Impose a greater responsibility on water suppliers with higher per capita water use than those that use less? 2. How should the regulation differentiate between tiers of high, medium and low per capita water users? 3. Should water suppliers disclose their list of actions to achieve the required water reductions? 4. should these actions detail specific plans for potable water use reductions In the commercial, industrial, and institutional {CII} sectors? 5, Should additional information be required in the monthly conservation reports for urban water suppliers to demonstrate progress towards achieving the required water reductions? 6. How and when should compliance with the required water reductions be assessed? 7. What enforcement response should be considered If water suppliers fall to achieve their required water use reductions? How to Provide Input information Including discussion drafts, draft regulations and related materials will be available on the State Water Board's'webslte at: - http•//wwwwaterboardscaxovlwaterrights/water Issues/programs/ rou ht/emergency mandatory regulations.shtml , clear and concise written comment and questions can be sent to Jessica Bean at iesslca.hean@ waterboards.ca.gov, Mandatory Conservation Regulation FACT SHEET *** April 7, 2015 page 2 �vNi ryT 'o, � eq101 liii�vO1i�w��`u�i�n Ydnmo 6e k. I'll b �p b aC oo �aqp b a° o �aqq b 0 o aE 0 aC 0 0 3E 0 de 0 X 0 aap� aa aF X p X D 2: o a@ b d4 pp 24 o 34 a d2 po 2E o 24 G 2C o eE Qo � 0 a 0 o a a 0 o H 2 H W H N N N N N N N N N N N N N N N N 3 1'YYiA�_'. ST.p.` �tf _ i =`':': f..�y ri N .-1 •i H cl �-1 .-� e� H N W H H �`I H H H N N N N N N N N N N N N N N N N '•, x 4gv!Zeaioeaeaeoer vt j l}§: .ti a m rp y m M w 7 nrH't w :° �i t� a w `-.:+,r�y�p.: d pO o aD N tp a V�f h n H m 0 m N OO d Iryryn� w h o > N`�.�•'�'r. (. 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WAS! g tot 4, .......... ... tj 0.1 - ml 11 1 T A Y Chapter 15.06 WATER SHORTAGE EMERGENCIES Burlingame Municipal Code Up Previous Next Main Title 15 WATER AND SEWERS http://qcode.us/codes/burlingarne/view.php?topic=l5-15_06&showA[I=... collapse Search Print No Frames Chapter 15.06 WATER SHORTAGE. EMERGENCIES_. __ 15.06.010 Implementation of chapter. (a) The provisions of this chapter shall be implemented only upon adoption by the city council of a declaration that a water shortage condition exists that requires special conservation measures or emergency allocation measures pursuant to California Water Code Sections 350 et seq. (b) The provisions of the chapter shall be of no further force or effect when the city council determines that a water shortage condition no longer exists. (Ord. 1101 § 1, (1977); Ord. 1365 § 1, (1988)) 15.06.020 Definitions, For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this chapter: (a) "Customer" is any person using water supplied by the Burlingame water department. (b) "Director" is the director of public works of the city of Burlingame. (c) "Emergency allocations" are the allocations allowed various classifications of customers to achieve a specific reduction in water use necessitated by a water shortage of emergency proportions. (d) "Person" is any person, firm, partnership, corporation, company or organization of any kind. (e) "Special conservation measures" are the measures required to achieve a specific reduction in water use necessitated by a water shortage which has not reached emergency proportions. (f) "Unit of water" is one thousand (1,000) gallons of water. (g) "Water" is water from the water department. (h) "Water department" is the Burlingame municipal water system. (i) "Water shortage" means a water shortage condition declared by the city council pursuant to Sections 350 et seq. of the Water Code. (Ord. 1101 § 1, (1977); Ord. 1365 § 1, (1988)) 15.06.030 Allocations. When the city council declares a water shortage that requires emergency allocations, it shall specify in the declaration the specific allocations required to achieve the specified reduction in water use. The allocations may include any or all of the following classifications: (a) Single -party residential and multifamily residential customers, including a minimum or lifeline allocation; (b) Nonresidential customers: (1) Industrial customers using process water to manufacture, alter, convert, clean, heat or cool a product, including water used in laundries and recycled car wash facilities, (2) Industrial, commercial (including nonrecycled car wash facilities) and governmental agency customers; (c) Irrigation and Outside Water Usage Customers. Irrigation of lawns, gardens, playfields, parks, median strips and landscaping of any type. (Ord. 1101 § 1, (1977); Ord. 1365 § 1, (1988)) 15.06.040 Regulations and restrictions. I Of 3 4/13/2015 2:37 PM Chapter 15.06 WATER SHORTAGE EMERGENCIES http://gcode.us/codes/burlingame/view.php?topic=l5-15_06&showAll=.... The city council at the time it declares a water shortage may adopt water use regulations and restrictions, including, but not limited to any or all of the following: (a) Broken or defective plumbing, sprinklers, watering or irrigation systems which permit the escape or leakage of water shall be immediately repaired. (b) Irrigation of lawns, gardens, playfields, parks, median strips and landscaping of any type shall be reduced by an amount determined by the city council to be necessary to achieve the goals set forth in its declaration of a water shortage. (c) No use of water shall be allowed which results in flooding or runoff in gutters, driveways or streets. (d) When a hose is used for washing cars, buses, boats, trailers or other vehicles, or washing building structures or parts thereof, or any similar purpose, it shall have a positive shutoff valve. (e) Use of a hose for the purposes set forth in subsection (d) of this section shall be prohibited. (f) Restaurants shall serve water to customers only upon request. (g) No water shall be used to clean, fill or maintain levels in decorative exterior fountains; interior fountains must recirculate water. (h) "Sidewalks, walkways, driveways, patios, parking lots, tennis courts or other hard -surfaced areas shall not be cleaned using water from hoses or by other use of water directly from faucets or other outlets. (i) Draining and filling of any existing or new swimming pools with city -supplied water shall be prohibited. (j) Service connections for new construction incorporating water -saving devices shall be granted as long as conditions of this chapter are met, provided no residential landscaping shall be installed during the water shortage. (k) Construction water for consolidation of backfill and other nondomestic uses shall be denied if other methods of water sources can be used. (1) No new residential irrigation services shall be permitted, and additional water shall not be allowed for expansion of existing irrigation facilities. (Ord. 1101 § 1, (1977); Ord. 1365 § 1, (1988)) 15.06.050 Exceptions. Considerations for exceptions regarding allocations of water or from any of the regulations and restrictions set forth herein shall be as follows: (a) Written applications for exceptions shall be made to the City of Burlingame Water Department, 501 Primrose Road, Burlingame, California 94010. (b) Each application shall be reviewed and determined by the director. Denials of applications may be appealed to the city council whose decision shall be final. (e) The only grounds for granting such exceptions are: (1) Undue hardship to the applicant, including adverse economic impacts such as loss of production or jobs; (2) A condition affecting the health, sanitation or safety of the applicant or the general public. Prior to granting an exception, the director must be'satisfied that all practical water conservation measures have been adopted by the applicant. (Ord. 1101 § 1, (1977); Ord. 1365 § 1, (1988)) 15.06.060 Penalties for excess water consumption., .. The following penalties may be imposed on excess water consumption: (a) Excess Use Charge. The city council shall set by resolution an amount to be added to the normal cost per unit for each unit in excess of allocation. (b) Flow -restricting Devices. The city manager may, after one written warning, direct the installation of a flow -restricting device on the service line of any customer observed by city personnel to be violating any of the 2 of 3 4/13/2015 2:37 PM Chapter 15.06 WATER SHORTAGE EMERGENCIES http://gcode.us/codestburlingaine/view.php?topic=l5-15_06&showAll=... regulations and/or exceeding water allocations hereinabove set forth. Charges for installation and removal of flow -restricting devices shall be set by council. First installation shall be a minimum of three (3) days, second and last installation, ten (10) days minimum. (c) Discontinuance of Water Service. Continued water consumption in excess of the allocation may result in the discontinuance of water service by the water department. A reactivation charge shall be paid prior to reactivating the service. (Ord. 1101 § 1, (1977); Ord. 1365 § 1, (1988)) 15.06.070 Enforcement. The director, all employees of the water department, public works department and fire department have the duty and are authorized to enforce the provisions of this chapter and shall have all the powers and authority contained in California Penal Code Section 836.5, including the power to issue written notices to appear. (Ord. 1101 § 1, (1977); Ord. 1365 § 1, (1988)) View the mobile version. 3 of 3 4/13/2015 2:37 PM Table 15 Water Shortage Contingency Plan - Stages of Action (a) City of Burlingame, California Stage of Supply Action Reduction Cutbacks a Reduction Methods Stage I 5% Indoor (5%) • Water waste, flooding, or runoff into the street or gutters is prohibited. Watch Outdoor (5%) • Hoses cannot be used to clean hard surface areas, including but not limited to sidewalks, driveways, roofs, and awnings. • Hoses used for vehicle or building washing must have positive shutoff valves. Stage H 10% Indoor (5%) • Stage 1 Reduction Methods and the following method. Alert Outdoor (25%) • Irrigation with potable water is prohibited between the hours of 10 a.m. and 5 pm. Stage III 20% Indoor (100/o) • Stage 2 Reduction Methods and the following methods. Warning Outdoor (50%) • No irrigation shall be permitted on any day other than Monday and Thursday. This provision does not apply to hand-held hose watering of vegetation, if the hose is equipped with a positive water shutoff valve, which is allowed between the hours of 5 p.m. and 10 a.m. • Potable water shall not be used to clean, fill, or maintain levels in outdoor decorative fountains; interior fountains must recirculate water. • Businesses must post notification of water shortage conditions in restrooms. • Hotels must post notification of water shortage conditions in rooms. • City buildings must post notification of water shortage conditions in restrooms and break rooms. • Broken or defective plumbing, sprinklers, or irrigation system which permit the escape or leakage of potable water must be repaired within 24 hours of the discovery of the defect or leak. Stage IV 30% Indoor (15%) 0 Stage 3 Reduction Methods and the following methods. Crisis Outdoor (75%) • All irrigation with potable water is prohibited unless performed with a hose equipped with a positive shutoff valve. • Restaurants and hotel banquets shall serve water to customers only • upon request. • Draining and/or filling any existing or new swimming pools with potable water is prohibited. The use of potable water for construction uses or street sweeping is • prohibited. Stage V 50% Indoor (35%) 1 • Stage 4 Reduction Methods and the following methods. Emergency Outdoor (100°/x) • All irrigation with potable water is prohibited. • The use of potable water for vehicle washing is prohibited. Notes; (a) From City of Burlingame Water Shortage Contingency Plan, June 2011. 2010 Urban Water Management Plan ERLER & KALINOWSKI, INC. 6/12/2011 Page 1 of 1 EKI (A20031.18) BURL,INGAME STAFF REPORT AGENDA NO: 10b MEETING DATE: May 18, 2015 To: Honorable Mayor and City Council Date: May 18, 2015 From: Lisa K. Goldman, City Manager — (650) 558-7243 Kathleen Kane, City Attorney — (650) 558-7204 Subject: Policy Discussion Regarding the Regulation of Secondhand Smoke in Multi -unit Housing Staff recommends that the City Council provide policy direction regarding the regulation of secondhand smoke in multi -unit housing. BACKGROUND Recently, some members of the community have expressed interest in the City adopting legislation prohibiting or otherwise regulating smoking in multi -unit housing. Councilmember Root also brought up the matter as a future agenda topic. Rather than present the City Council with an ordinance that might not meet the City Council's interests in this area, staff thought it prudent to request policy direction regarding this matter. The City's existing smoking regulations are codified in Chapter 8.18 of the Municipal Code. Smoking is currently prohibited in a number of areas, including lobbies, hallways, and other common areas in apartment buildings, condominiums, senior citizen residences, nursing homes, and other multiple -unit residential facilities. Last year, the City Council expanded the prohibition on smoking in City -owned facilities to include parks, playgrounds, parking lots, and any areas within 25 feet of such facilities. DISCUSSION Smoke in multi -unit housing poses health problems for non-smoking residents through the drifting of smoke from neighboring units, balconies, and outdoor spaces. The Surgeon General has determined that the dangers from secondhand smoke cannot be controlled by ventilation, air cleaning, or the separation of smokers from non-smokers. Several studies have concluded that smoking in multi -unit housing also contributes to higher maintenance and insurance costs. Many cities in California have begun to address the health dangers and additional costs related to secondhand smoke by implementing secondhand smoke housing policies. According to the American Lung Association in California, the San Mateo County cities of Belmont, Burlingame, Daly City, East Palo Alto, Foster City, Menlo Park, San Carlos, and South 1 Secondhand Smoking in Multi -unit Housing May 18, 2015 San Francisco have enacted some form of smokefree housing protections. (In Burlingame, smoking is prohibited in common areas.) Generally, the provisions of a secondhand smoke housing policy can be broken up into three policy areas: common area prohibitions, individual unit prohibitions, and the size and type of multi -unit housing to be regulated. Common Area Prohibitions Many secondhand smoke housing policies include a prohibition on smoking in both indoor and outdoor common areas, except for areas designated for smoking that meet certain criteria. Provisions for outdoor buffer zones are also another important aspect for determining where smoking may be prohibited. Buffer zones protect tenants from drifting smoke from adjacent areas that can include balconies, patios, and decks that are within a "reasonable distance" of enclosed areas where smoking is prohibited. Burlingame's Municipal Code Section 8.18.040 (a)(12) prohibits smoking in the lobbies, hallways, and other common areas in apartment buildings, condominiums, senior citizen residences, nursing homes, and other multiple -unit residential facilities. This ordinance has been interpreted to include the incursion of smoke into such places even if the smoker is not physically located within the bounds of the identified areas. That is, it is prohibited to exhale smoke into such areas even if the smoker is standing or sitting behind a threshold that divides private from common areas. Individual Unit Prohibitions Most of the community members who have requested that the City Council consider legislation on secondhand smoke have advocated for prohibitions on smoking in individual units. Some cities with such prohibitions use a tiered approach to secondhand smoke housing protections by requiring that new complexes be 100% smoke-free, while permitting existing complexes to allow for a certain percentage of smoking units, perhaps clustered in a certain part of the building or complex. Other cities allow for the phasing in of smoke-free units in existing complexes, either as leases expire or after a certain amount of time has passed, such as six months or a year. This phase-in period may allow smokers to find alternative housing if they wish to continue smoking at home. (Given the current housing market, however, finding alternative accommodations may be difficult or cost prohibitive.) The management company for the Northpark and Skyline Terrace apartment complexes in Burlingame has implemented the phase-in approach for its units. When leases expire, tenants must either move, or sign new leases that include prohibitions on smoking in the units and in the common areas. The Size and Type of Multi -Unit Housing Regulated Should the City Council wish to pursue some type of prohibition on smoking in multi -unit housing, it should determine the minimum size of the multi -unit housing complex upon which to impose the regulations. Some cities impose regulations on complexes with two or more units, while others only begin to regulate complexes with a higher number of units. In the City of Dublin, for example, the prohibitions on smoking are imposed on complexes with 16 or more units, since state law requires on-site resident managers for complexes of this size. Smaller complexes are exempt from the regulations. C Secondhand Smoking in Multi -unit Housing May 18, 2015 If the City Council determines that it would like to regulate smoking in multi -unit housing, it will also need to determine if the ordinance should apply to rental housing or to rental housing and condominiums. Condominiums pose a more difficult challenge because the regulatory avenues used to mitigate the dangers of secondhand smoke in rental housing, i.e. the clustering of smoking units, is not as practical for condominiums, since they are individually owned. Nevertheless, some cities do regulate smoking in individual units in condominiums, as well as in common areas. Enforcement Enforcing prohibitions on smoking in multi -unit housing can be difficult. The City does not have sufficient resources to deploy Police Officers to handle smoking-related complaints. In addition, securing probable cause and appropriate warrants for entry into individual unit spaces is potentially burdensome and intrusive. Having the prohibition in the Code, however, would allow private litigants to rely on violations to establish nuisances in civil actions between residents. FISCAL IMPACT There is no fiscal impact associated with this report. 3