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HomeMy WebLinkAboutAgenda Packet - CC - 2015.01.05Monday, January 5, 2015 City of Burlingame Meeting Agenda - Final City Council 7:00 PM STUDY SESSION - 6:00 p.m. - Council Chambers a. Housing Policy Options BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Council Chambers 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 a. There are no Presentations. 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. City of Burlingame Page 1 Printed on 1213012014 City Council Meeting Agenda - Final January 5, 2015 a. Approve City Council Meeting Minutes of December 15, 2014 Attachments: 12-15-14 Unapproved Minutes b. Adoption of Resolutions Awarding a Construction Contract to K.J. Woods Construction Inc.. for the Airport Boulevard Force Main and Carolan Avenue Utility Improvements Proiect, City Proiect No. 83670: and Approving a Professional Service Agreement with Hatch Mott MacDonald for the Construction Management Services Related to the Proiect Attachments: Staff Report Resolution Awarding Construction Contract Resolution Approving a Professional Service Agreement Bid Summary Proiect Location Map Construction Contract Agreement Professional Services Agreement C. Recommendation to Confirm Mayor's Council Assignments for 2015 Attachments, Council Assignments 2015 Revised 12-30-14 Adoption of a Resolution Authorizing Amendment of the City Manager's Employment Agreement to Provide a Salary Increase of 3% and a 2% Contribution to a Deferred Compensation Plan Attachments: Staff Report Resolution Goldman Employment Agreement Goldman Salary Amendment e. Adoption of a Resolution Authorizing the City Manager to Execute a Side Letter Agreement with AFSCME Local 2190 to Establish an Emergency Contact Procedure for Parks and Recreation Staff Attachments: Staff Report Resolution Side Letter 9. PUBLIC HEARINGS (Public Comment) a. Adoption of an Urgency Moratorium on New Applications for Marijuana Dispensaries Collectives, Growing Operations, and Related Uses Attachments: Staff Report Urgency Ordinance City of eudingame Page 2 Printed on 72/30/2014 City Council Meeting Agenda - Final January 5, 2015 b. Adoption of an Urgency Moratorium on New Applications for Massage Establishments Attachments: Staff Report Urgency Ordinance C. Public Hearing and Action to Consider Adoption of a Resolution of Approval of the 2015-2023 Housing Element Update - Negative Declaration and Amendment to the General Plan Attachments: Staff Report CEQA Resolution Housing Element Update Resolution Negative Declaration Revised Draft 2015-2023 Housing Element dated November 25 2014 Letter from HCD dated November 25, 2014 Council Staff Report dated September 2 2014 Council Staff Report dated August 18 2014 Notice of Public Hearin - Published on December 3 2014 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) a. Adoption of an Ordinance of the City Council of the City of Burlingame Amending Chapter 25.63 of the Burlingame Municipal Code to Comply with State Law Requiring Incentives or Concessions for Qualifying Developments (Density Bonus Ordinance) Attachments: Staff Report Ordinance November 17, 2014 City Council Staff Report November 17, 2014 City Council Minutes Prototypical Development Scenarios b. Adoption of a Resolution Authorizing the CitV Manager to Execute a Professional Services Agreement with MIG for Preparation of an Update of the City's General Plan and Zoning Ordinance with Accompanying Environmental Impact Report (Project Name: "Burlingame 2040") Attachments: Staff Report Proposed Resolution Draft Agreement City of Burlingame General Plan and Zoning Ordinance Update Work Program 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council Members report on committees and activities and make announcements. City of Burlingame Page 3 Prinfed on 1213012014 City Council Meeting Agenda - Final January 5, 2015 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS a. Commission Minutes: Traffic. Safety & Parking October 9 & 23 2014 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.burliiigalne.org. Agendas and minutes are available at this site. NEXT CITY COUNCIL MEETING - Next Regular City Council Meeting - Tuesday, January 20, 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. 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PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Supervisor Dave Pine. 3. ROLL CALL MEMBERS PRESENT: Brownrigg, Keighran, Nagel, Ortiz, Root MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION CA Kane advised that Council met in Closed Session, direction was given and there was no reportable action at this time. 5. Mayor Brownrigg reviewed the upcoming events taking place in the City. 6. PRESENTATIONS There were no presentations. PUBLIC COMMENTS Burlingame residents Brian Glick and Louise Bekins spoke about second hand smoke in their condominium buildings and requested that smoking in multi -unit residential buildings be prohibited. Burlingame resident Tanya Gonzalez spoke about parking permits on Floribunda Avenue. There were no further comments from the floor. 8. CONSENT CALENDAR Mayor Brownrigg asked if any Councihnembers wished to remove any items from the Consent Calendar and there were no requests. Burlingame City Council December 15, 2014 Unapproved Minutes Councilmember Keighran made a motion to adopt the Consent Calendar; seconded by Vice Mayor Nagel. The motion was approved unanimously by voice vote, 5-0. a. APPROVE THE CITY COUNCIL MEETING MINUTES OF DECEMBER 1, 2014 CC Kearney requested Council approve the City Council meeting minutes of December 1, 2014. b. RECOMMENDATION TO ADOPT 2015 CITY COUNCIL CALENDAR CC Kearney requested Council approve the 2015 City Council calendar. c. ADOPTION OF RESOLUTIONS RELATED TO THE CITY COUNCIL'S ACTION WITH RESPECT TO LINDA RYAN'S APPEAL OF THE PLANNING COMMISSION'S OCTOBER 27, 2014 ACTIONS AMENDING THE DESIGN REVIEW PERMIT FOR 1521 CABRILLO AVENUE CDD Meeker requested that Council adopt Resolution No. 108-2014 finding that approval of an amendment to a previously approved design review permit for construction of a single-family residence at 1521 Cabrillo Avenue is categorically exempt from review pursuant to the California Environmental Quality Act (CEQA) pursuant to section 15303(A) of the CEQA guidelines. CDD Meeker further requested that Council adopt Resolution No. 109-2014 modifying the Planning Commission's October 27, 2014 approval of amendments to a design review permit for single-family residence located at 1521 Cabrillo Avenue, situated within a single-family (R-1) zone. d. ADOPTION OF A RESOLUTION AUTHORIZING A GRANT APPLICATION TO THE CALIFORNIA ENERGY COMMISSION FOR UNDERTAKING AN ENERGY STUDY FOR CITY FACILITIES DPW Murtuza requested Council adopt Resolution No. 110-2014. e. ADOPTION OF A RESOLUTIONAUTHORIZING THE CITY MANAGER TO EXCUTE A CONTRACT FOR FINANCIAL ADVISORY SERVICES WITH PUBLIC FINANCIAL MANAGEMENT (PFM), INC. FinDir Augustine requested Council adopt Resolution No. 111-2014. 9. PUBLIC HEARINGS There were no public hearings. 10. STAFF REPORTS AND COMMUNICATIONS There were no staff reports. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reported on various events and committee meetings they each attended on behalf of the City. 2 Burlingame City Council December 15, 2014 Unapproved Minutes 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS a. Department Reports: Building, November 2014 14. CEREMONIAL a. ROTATION OF MAYOR AND VICE MAYOR Mayor Brownrigg introduced Supervisor Dave Pine and former Mayor Cathy Baylock and thanked them for attending the meeting. Mayor Brownrigg spoke and said that he has enjoyed interacting with the community this past year as Mayor. Mayor Brownrigg commented on the highlights of his year as Mayor and thanked fellow Councilmembers, City staff and Commissioners for their expertise and support. Mr. Brownrigg also thanked his family for their support. Mayor Brownrigg noted that there is a lot of vitality in the City and said he is looking forward to the development of Burlingame Point on the Bayfront and the Post Office property. Mayor Brownrigg explained the Rotation of Council Officers process, introduced the new Mayor Terry Nagel, and turned the meeting over to Mayor Nagel. Mayor Nagel presented outgoing Mayor Brownrigg with a plaque commemorating his year as Mayor. Mayor Nagel opened the meeting for public comment and former Mayor Cathy Baylock presented Mayor Brownrigg with a commendation from the Burlingame Historical Society for his efforts in dealing with Caltrans representing the City in defense of the trees at Floribunda Avenue. Burlingame resident Cynthia Cornell and members of the Burlingame Advocates for Renters Protection (BARP) presented Mayors Brownrigg and Nagel with gifts. Burlingame resident Cynthia Wukotich spoke and said she and the BARP members look forward to working with the Council next year. Mayor Nagel spoke and praised outgoing Mayor Brownrigg for his great year as Mayor and thanked her fellow Councilmembers, Commissioners, and City staff for their dedication and commitment to the City. Mayor Nagel also thanked her family for their support. Mayor Nagel invited everyone to join her and the Councilmembers for refreshments in the lobby. 14. ADJOURNMENT Mayor Nagel adjourned the meeting at 7:54 p.m. Respectfully submitted, Mary Ellen Kearney City Clerk Burlingame City Council December 15, 2014 Unapproved Minutes aSTAFF REPORT AGENDA NO: 8b MEETING DATE: January 5, 2015 To: Honorable Mayor and City Council Date: January 5, 2015 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of Resolutions Awarding a Construction Contract to K.J. Woods Construction, Inc., for the Airport Boulevard Force Main and Carolan Avenue Utility Improvements Project, City Project No. 83670; and Approving a Professional Services Agreement with Hatch Mott MacDonald for the Construction Management Services Related to the Project RECOMMENDATION Staff recommends that the City Council adopt the attached resolutions as follows: (1) Award a construction contract to K. J. Woods Construction, Inc., for the Airport Boulevard Force Main and Carolan Avenue Utility Improvements Project in the amount of $1,128,000, and authorize the City Manager to execute the same; and (2) Approve a professional services agreement with Hatch Mott MacDonald (HMM) in the amount of $175,320 for the construction management services related to the project, and authorize the City Manager to execute the same. BACKGROUND Airport Boulevard Sewer Force Main System The sewer force main system on Airport Boulevard has experienced multiple failures/collapses in the last few years. The latest failure occurred last summer, and an emergency repair was made to continue providing sewer services to the businesses and hotels in the Bayfront area. The force main system was originally constructed in the early 1960s. It has served its intended design life and needs to be upgraded to prevent future failures and disruption of sewer services to the businesses and hotels in the Bayfront area. The project consists of rehabilitating approximately 3,100 linear feet of existing 8 -inch diameter asbestos cement sanitary sewer force main using cured -in-place pipe. Carolan Avenue Water and Sewer Main System The water and sewer main systems on Carolan Avenue are approximately 60 and 100 years old, respectively. These utilities have served their design life cycle and are in need of replacement. The rehabilitation of these utilities was originally planned for construction in FY2015-16. 1 Construction Contract Award to K.J. Woods Construction Inc., January 5, 2015 for the Airport Boulevard Force Main and Carolan Avenue Utility Improvements Project, and Professional Services Agreement with HMM for the Project Construction Management Services However, due to the accelerated schedule of the Carolan Avenue Complete Streets Project, the sewer and water main rehabilitation work had to be advanced ahead to ensure that the underground utilities are installed prior to the beginning of street construction work and to ensure there are no construction conflicts between these projects. The project consists of upgrading approximately 1,300 linear feet of 6 -inch and 8 -inch diameter sanitary sewer main, and upgrading approximately 770 linear feet of existing 6 -inch diameter water main. DISCUSSION Construction Contract: The construction project was advertised for bids on November 18, 2014. The sealed bids were opened on December 18, 2014, and four bid proposals were received ranging from $1,128,000 to $1,507,709. K. J. Woods Construction, Inc. is the lowest responsible bidder with its bid amount of $1,128,000, which is approximately 25.6% lower than the engineer's estimate of $1,517,000. Staff has reviewed the contractor's bid proposal and believes the contractor has met all the project requirements, and has a good track record of successfully performing similar work for the City and other public agencies. Professional Services Contract: HMM was selected from a list of qualified consultants for the construction management services for the water system Capital Improvement Program. Additionally, HMM has performed the project engineering design, and is familiar with the project requirements. Staff has negotiated the following scope of professional services with HMM for the project construction management work in the amount of $175,320: • Review, process, and approve pre -construction project drawings and submittals; • Attend and manage pre -construction meetings between the City and Contractor; • Review and advise the City on Contractor's overall and weekly construction schedule; • Perform daily construction inspections and provide construction management services for 75 of the construction working days; • Prepare daily written construction reports and a photographic record of the project; • Attend weekly construction progress meetings, perform necessary field engineering work, and perform quality assurance assessments; • Perform project close out inspections and develop final punch list; • Review and respond to requests for information and contract change orders requests and process construction progress payments; • Negotiate claims, liquidated damages, and final payment; and • Prepare final project recording drawings. The professional service fee amount represents approximately 15.5% of the total construction cost. The amount is consistent with the industry standards for construction management and inspection services based on the scope and complexity of the project involving various methods of pipeline installation. The construction is anticipated to begin in February 2015 and anticipated to be completed by August 2015. 2 Construction Contract Award to K.J. Woods Construction Inc., January 5, 2015 for the Airport Boulevard Force Main and Carolan Avenue Utility Improvements Project, and Professional Services Agreement with HMM for the Project Construction Management Services FISCAL IMPACT Estimated Project Expenditures: The following are the estimated project construction expenditures: Construction Contract $ 1,128,000 Construction Management and Inspection $ 175,320 Contract Administration and Testing $ 88,585 Contingency (15%) $208,695 Total $1,600,000 Estimated Funding Availability: There are adequate funds available in the Sewer and Water Capital Improvement Programs to complete the project as follows: Treatment Plant and Force Main Upgrade (83670) $700,000 Sanchez Sewer Phase 4 (82623) $500,000 Emergency Water Main Replacement (81230) $400,000 Total $1,600,000 Exhibits: • Resolution Awarding a Construction Contract • Resolution Approving a Professional Services Agreement • Bid summary • Project location map • Construction Contract Agreement • Professional Services Agreement 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AWARDING A CONSTRUCTION CONTRACT TO K.J. WOODS CONSTRUCTION, INC. FOR THE AIRPORT BOULEVARD FORCE MAIN AND CAROLAN AVENUE UTILITY IMPROVEMENTS PROJECT, CITY PROJECT NO. 83670; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT WHEREAS, on November 18, 2014, the City issued notice inviting sealed bid proposals for the AIRPORT BOULEVARD FORCE MAIN AND CAROLAN AVENUE UTILITY IMPROVEMENTS PROJECT, CITY PROJECT NO. 83670; and WHEREAS, on December 18, 2014, all proposals were received and opened before the City Clerk and representatives of the Public Works Department; and WHEREAS, K. J. WOODS CONSTRUCTION, INC., submitted the lowest responsible bid for the project in the amount of $1,128,000. NOW, THEREFORE, be it RESOLVED, and it is hereby ORDERED, that the Plans and Specifications, including all addenda, are hereby approved and adopted; and BE IT FURTHER RESOLVED that the bid proposal of K. J. WOODS CONSTRUCTION, INC., for said project in the amount of $1,128,000, and the same hereby is accepted; and BE IT FURTHER RESOLVED THERETO that a contract be entered into between the successful bidder hereinabove referred to and the City of Burlingame for the performance of said work, and that the City Manager be, and hereby is, authorized for and on behalf of the City of Burlingame to execute said contract and to approve the faithful performance bond and the labor materials bond required to be furnished by the contractor. 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 5T" day of JANUARY, 2015, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH HATCH MOTT MACDONALD (HMM) FOR THE CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE AIRPORT BOULEVARD FORCE MAIN AND CAROLAN AVENUE UTILITY IMPROVEMENTS PROJECT, CITY PROJECT NO. 83670; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, it is necessary for the City of Burlingame to employ the services of an engineering consulting firm to perform construction management work related to the Airport Boulevard Force Main and Carolan Avenue Utility Improvements Project; and WHEREAS, HMM was competitively selected from a list of qualified engineering consultants to perform construction management services for the water system capital improvements projects; and WHEREAS, HMM has also performed the project engineering design for Airport Boulevard Force Main and Carolan Avenue Utility Improvements Project, and is familiar with the project requirements; and WHEREAS, the Burlingame Public Works Department has negotiated the scope of work for construction management services in the amount of $175,320. NOW, THEREFORE, be it RESOLVED, and it is hereby ORDERED, that the scope of services under the above cited professional services agreement, including all addenda, are hereby approved and adopted; and BE IT FURTHER RESOLVED that the professional services fee proposal of HMM, for said project in the amount of $175,320 and the same hereby is accepted; and BE IT FURTHER RESOLVED THERETO that the City Manager be, and hereby is, authorized for and on behalf of the City of Burlingame to execute said agreement. 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Woods Construction. Inc., a California Corporation hereinafter called "Contractor," WITNESSETH: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided for and to authorize execution of this Contract; and WHEREAS, pursuant to State law and City requirements, a notice was duly published for bids for the contract for the improvement hereinafter described; and WHEREAS, on January 5, 2015, after notice duly given, the City Council of Burlingame awarded the contract for the construction of the improvements hereinafter described to Contractor, which the Council found to be the lowest responsive, responsible bidder for these improvements; and WHEREAS, City and Contractor desire to enter into this Agreement for the construction of said improvements, NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 1. Scope of work. Contractor shall perform the work described in those Contract Documents entitled: AIRPORT BOULEVARD FORCE MAIN AND CAROLAN AVENUE UTILITY IMPROVEMENTS PROJECT, CITY PROJECT NO. 83670 AGREEMENT -1 2. The Contract Documents. The complete contract between City and Contractor consists of the following documents: this Agreement; Notice Inviting Sealed Bids, attached hereto as Exhibit B; the accepted Bid Proposal, attached hereto as Exhibit C; the provisions contained in the contract book titled "Airport Boulevard Force Main and Carolan Avenue Utility Improvements Project, City Project No. 83670" attached as Exhibit A; the complete General Provisions and Special Provisions set forth in the State of California Standard Specifications for Construction of Local Streets and Roads, July 2006 edition, as promulgated by the California Department of Transportation; prevailing wage rates of the State of California applicable to this project by State law; and all bonds; which are collectively hereinafter referred to as the Contract Documents. All rights and obligations of City and Contractor are fully set forth and described in the Contract Documents, which are hereby incorporated as if fully set forth herein. All of the above described documents are intended to cooperate so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. 3. Contract Price. The City shall pay, and the Contractor shall accept, in full, payment of the work above agreed to be done, the sum of one million one hundred twenty-ei-ght thousand dollars (_$1,128,000.00), called the "Contract Price". This price is determined by the lump sum and unit prices contained in Contractor's Bid. In the event authorized work is performed or materials furnished in addition to those set forth in Contractor's Bid and the Specifications, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in progress payments as provided in the Contract Documents. 4. Termination At any time and with or without cause, the City may suspend the work or any portion of the work for a period of not more than 90 consecutive calendar days by notice in writing to Contractor that will fix the date on which work will be resumed. Contractor will be granted an adjustment to the Contract Price or an extension of the Time for Completion, or both, directly attributable to any such suspension if Contractor makes a claim therefor was provided in the Contract Documents. The occurrence of any one or more of the following events will justify termination of the contract by the City for cause: (1) Contractor's persistent failure to perform the AGREEMENT -2 work in accordance with the Contract Documents; (2) Contractor's disregard of Laws or Regulations of any public body having jurisdiction; (3) Contractor's disregard of the authority of the Engineer; or (4) Contractor's violation in any substantial way of any provision of the Contract Documents. In the case of any one or more of these events, the City, after giving Contractor and Contractor's sureties seven calendar days written notice of the intent to terminate Contractor's services, may initiate termination procedures under the provisions of the Performance Bond. Such termination will not affect any rights or remedies of City against Contractor then existing or that accrue thereafter. Any retention or payment of moneys due Contractor will not release Contractor from liability. Contractor's services will not be terminated if Contractor begins, within seven calendar days of receipt of such notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 calendar days of such notice. Upon seven calendar days written notice to Contractor, City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract for City's convenience. In such case, Contractor will be paid for (1) work satisfactorily completed prior the effective date of such termination, (2) furnishing of labor, equipment, and materials in accordance with the Contract Documents in connection with uncompleted work, (3) reasonable expenses directly attributable to termination, and (4) fair and reasonable compensation for associated overhead and profit. No payment will be made on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 5. Provisions Cumulative. The provisions of this Agreement are cumulative and in addition to and not in limitation of any other rights or remedies available to the City. 6. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to the City shall be addressed as follows: AGREEMENT -3 Donald Chang, P.E., Sr. Civil Engineer CITY OF BURLINGAME 501 Primrose Road Burlingame, California 94010 Notices required to be given to Contractor shall be addressed as follows: Kieran Woods, President K.J. Woods Construction, Inc. 1485 Bayshore Blvd, #149 San Francisco, CA 94124 7. Interpretation As used herein, any gender includes the other gender and the singular includes the plural and vice versa. 8. Waiver or Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and the Contractor. One or more waivers of any term, condition, or other provision of this Agreement by either party shall not be construed as a waiver of a subsequent breach of the same or any other provision. 9. Controlling Law. This Agreement is to be governed by and interpreted in accordance with the laws of the State of California. 10. Successors and Assignees. This Agreement is to be binding on the heirs, successors, and assigns of the parties hereto but may not be assigned by either party without first obtaining the written consent of the other party. 11. Severability. If any term or provision of this Agreement is deemed invalid, void, or unenforceable by any court of lawful jurisdiction, the remaining terms and provisions of AGREEMENT -4 the Agreement shall not be affected thereby and shall remain in full force and effect. IN WITNESS WHEREOF, two identical counterparts of this Agreement, consisting of five pages, including this page, each of which counterparts shall for all purposes be deemed an original of this Agreement, have been duly executed by the parties hereinabove named on the day and year first hereinabove written. CITY OF BURLINGAME, a Municipal Corporation By Lisa K. Goldman, City Manager Approved as to form: Kathleen Kane, City Attorney MAIN a1:619 Mary Ellen Kearney, City Clerk "CONTRACTOR" Print Name: K.J. Woods Construction. Inc. AGREEMENT -5 AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES WITH HATCH MOTT MACDONALD FOR AIRPORT BOULEVARD FORCE MAIN AND CAROLAN AVENUE UTILITY IMPROVEMENTS PROJECT CITY PROJECT NO. 83670 THIS AGREEMENT is entered into this day of 20_, by and between the City of Burlingame, State of California, herein called the "City", and HATCH MOTT MACDONALD engaged in providing PROFESSIONAL CONSTRUCTION MANAGEMENT services herein called the "Consultant'. RECITALS A. The City is considering conducting undertaking activities for the consultant construction management services for Airport Boulevard Force Main and Carolan Avenue Utility Improvements Project. B. The City desires to engage a professional construction management consultant to provide construction period 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. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. The Consultant shall provide professional construction management services such as on-site inspections, documentation of construction activities, review of submittals and request for information, production of record drawings, and as detailed in `Proposed Tasks" 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. Page 1 of 8 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 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 $175.320.00; 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. Page 2 of 8 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. 8. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Tracie Sakakihara, P.E., Principal Project 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: Donald Chang, P.E. Senior Civil Engineer City of Burlingame 501 Primrose Road Burlingame, CA 94010 To Consultant: Tracie Sakakihara, P.E. Hatch Mott MacDonald 181 Metro Drive, Suite 510 San Jose, CA 95110 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. Page 3 of 8 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. 12. Conflict of Interest. Consultant understands that its professional responsibilities is 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 Page 4 of 8 i I ($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 "Occurrence" Form CG 0001. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her 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 coverjoint 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, Page 5 of 8 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. 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 anytime. Page 6 of 8 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 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 subconsultant. 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. Page 7 of 8 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. 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 By Lisa K. Goldman City Manager Approved as to form: Kathleen Kane City Attorney ATTEST: Mary Ellen Kearney City Clerk "Consultant" Hatch Mott MacDonald Print Name: L cc- 4 � rarer g pll Title: Principal Page 8 of 8 Hatch Mott MacDonald Exhibit "A" Proposed Scope of Construction Period Services Airport Boulevard Force Main and Carolan Avenue Utility Improvements Project City Project No. 83670 City of Burlingame, California Project Understanding and Overview Hatch Mott MacDonald (HMM) will provide Construction Period Services for the rehabilitation of the City of Burlingame's (the City) wastewater collection system identified in the Contract Documents for the Airport Boulevard Force Main and Carolan Avenue Utility Improvements Project. The general scope items included in this proposal are the following: • Preconstruction Phase Services • Construction Phase Services • Construction Completion and Closeout Services The Contract Documents provide for an 85 working day construction period during which an estimated 75 days will require an inspector. We assume our inspector will be paid for every hour he works on the project, even if in excess of 8 per day or 40 per week. The fee for construction services assumes 75 inspection days with the availability to use the contingency if the additional construction days are approved. Proposed Tasks The proposed scope of services will include the tasks outlined within this section. A. Preconstruction Phase Contract Documents Prior to the start of construction, HMM's inspector will review the final Contract Documents. This is essential for those team members not involved in the design to gain a comprehensive understanding of the Project. HMM's inspector will also coordinate with the City's Department of Public Works inspection personnel in order to understand City procedures and philosophies. Per the construction Contract Documents, authority for approving and executing change notices and change orders will be established. HMM's inspector will consult with the City's representative on specific issues as they arise. This will ensure that the will of the City is properly communicated to the Contractor. Bid Review At the request of the City, HMM will provide the necessary expertise to evaluate bids received for the Project. Document Review and Processing Procedures HMM's Document Control System (DCS) will be used on this Project and incorporate existing procedures which the City uses to manage public works projects. Where the City already has forms in use, these will be incorporated into the system. The DCS will utilize an electronic database and incorporate electronic transmission of documents wherever possible Hatch Mott MacDonald Preconstruction Conference A preconstruction conference is recommended as a means for formally introducing the project principals to each other. Meeting invitees should include all those with an interest in the project so that they can become informed at an early stage. The meeting should be structured so that outside parties, such as utilities and other agencies which may be impacted by the construction of the project need to attend only the fust half of the meeting where the project overview, anticipated schedule, communication and notification protocols, and similar non - construction related issues are reviewed.. The second part can then be more detailed for the benefit of those most closely involved, namely the City, the Contractor, and HMM. B. Construction Phase On -Site Inspection The HMM inspector will be on-site for the construction activities by making visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed work of the Contractor. Based on observations during the inspection services, HMM shall determine in general if such work is proceeding in accordance with the Contract. Inspection is required primarily to ensure that the project is constructed in substantial conformance with the Contract Drawings and Specifications. The inspector will include comments and observations pertaining to the Contractors' performance with daily reports including logging work force and equipment used in the work each day as further described under Reports and Logs below. In this manner, a body of information will be compiled that will be useful in measuring progress and schedule compliance and will also serve as a baseline should a claim situation arise. HMM will not supervise, direct or have control over the Contractors' work. Nor shall HMM have authority over or responsibility for the following: the means, methods, techniques, sequences or procedures of construction selected by the Contractor, the safety precautions or safety programs incident to the work of the Contractor or for site safety generally, or for any failure of the Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor furnishing and performing their work. As the on-site representative for the City, the HMM inspector will respond to questions from residents in a manner agreed to by the City ahead of time. The HMM inspector will monitor the Contractor for conformance with the contract requirements for notifying residents of construction activities. Health and Safety The Contractor is solely responsible for site safety on the Project, including public health and safety. IIMM will review the Phase I and 2 Injury Illness Prevention Plan (IIPP) designed solely for our personnel. The IIPP will be updated for Phase 3 based on the specific type of construction. Reviewing Contractor's Project Master CPM Schedule A primary goal for the HMM team as the CM is to foster completion of the project on time. HMM will review the Contractors' schedules, monitor the work, and track the Contractors' schedule updates and revisions. Records and Logs Written records will be primarily in the form of standard reports, which will ensure consistency and continuity of approach. Notes will be taken in the field and these will provide the basis of formal reports, as needed. Notes will be filed in the form of daily reports in a template sent to the City for approval ahead of construction. These daily reports will be prepared after the completion of each work shift but normally no later than the end of the following working day. A hard copy of the report will be signed by the inspector, filed, and included in the weekly correspondence file. Hatch Mott MacDonald In addition to keeping written records of the work, the inspector will maintain a photographic record of the project. The Contractor is solely responsible for site condition surveys while the inspector's photographs are considered complementary to the daily reports. Photographs will be taken at intervals throughout the shift and be appended to the daily reports. Photographs should record operations during the shift, and conditions of interest, particularly where they involve damage or poor practices. The photographs will be cataloged with an entry detailing the photographer, date and time taken, location, and description of the content. For some operations, a video may be preferable to still photographs. Videos will be cataloged with similar information. Submittals/Requests for Information The Contract requires the submission of various types of submittals. The work to which each applies cannot be started until the submittal has been reviewed. This process has the potential to delay the work if the submittal is not received in a timely fashion, is incomplete, or fails to meet the specification. To ensure no significant delay in this area, HMM will track a full schedule of what submittals are required under the Contract. The Contractor will also be encouraged to prepare his own master list of submittals. The submittal schedule will be coordinated with the Contractor's approved construction schedule so that sufficient time is allowed for the review process. Submittals will be checked to ensure that they are complete and contain the correct references before being entered into the system. Thereafter, their progress through the system will be tracked to keep all parties aware of the submittal's status and the need to maintain schedule. The submittals will be reviewed for conformance with the design. RFIs will be handled similarly. RFIs questioning the design or with the potential to impact design, will be reviewed by the design team who will issue responses. Others will be dealt with at the site. An RFI log will be maintained daily. Should the response to an RFI appear to have the potential to impact the contract schedule or cost, the issue will be immediately addressed with the City. Where appropriate, alternatives will be suggested and explored. JAMM's team will at all times be mindful of the need to meet the contractual obligations for return of submittal and RFI documents. Wherever possible, we will attempt to expedite the response so that the Contractor has the maximum time at his disposal to process the information provided and to factor it into his schedule. Where necessary, responses to submittals and RFIs will be formalized with a directive such as a change notice or field instruction if there are implications to the scope of work. Under the terms of the contract, notification of any changes or potential changes will need to be given by the Contractor. HMM will coordinate with the City and then respond on both the condition cited for the request and possible impacts on the Contractors' operations. In this manner, information will be gathered that will allow for a determination of merit on the request and quantification of the Contractors' losses, if any. HMM will make a preliminary assessment of the situation to identify whether additional resources or measures will be necessary for the process. These might include such things as testing for hazardous waste or additional compaction testing. All issues that have the potential to impact the time and cost of the Project will be given issue status and be addressed. Weekly Meetings The weekly progress meetings will be the main forum for dialog between HMM, the City and the Contractor. The prime focus at the meetings will be on safety, quality, performance, and schedule. The object of the meeting will be to encourage open communications during the meetings and to engender a spirit of collaboration. Seeking consensus and maintaining cooperation between the parties will foster a successful Project. This can be most effectively achieved by approaching issues in a constructive fashion. The Contractors' progress since the previous meeting will be reviewed against the last schedule update. If the schedule has slipped, the reasons will be identified and discussed to assess measures to avert further delays of the Hatch Mott MacDonald same nature and to identify ways of recovering lost time. The Contractors' schedule for the following three-week period will be further reviewed in light of these discussions to determine whether or not the projections are realistic. All aspects of the project will be open for discussion in the meetings so that the parties are each fulfilling their commitments and that all issues are receiving due attention. Quality Assurance The HMM Inspector will confirm that quality control is being performed by the Contractor. The HMM Inspector will observe the work and record his observations as described above. A key element of the inspection process will be the acceptance or rejection of work. Work will generally be acceptable if workmanship has been in substantial conformance with the technical specifications and if the results of materials or equipment tests confirm compliance with applicable performance levels. Compaction testing will be performed by the City's testing firm. The remaining testing will be performed by the Contractor. In the event that a situation arises whereby there is non-compliance, either real or potential, the initial focus will be on correcting the non-compliance without recourse to formal procedures. However, if the Contractor does not resolve or correct the problem within a reasonable period of time or if the Contractor further compounds the problem, the HMM Inspector will issue a Non -Conformance Notice (NCN) to the Contractor. The NCN will require the Contractor to propose a method for rectification. Document Control The Document Control System (DCS) described in the Preconstruction Phase will include a filing system. This will also acknowledge existing protocol within the City. Files will be maintained at HMM's San Jose office for reference. Progress Payments In order to process progress payments, the Contractor will need to provide verification of quality and a breakdown of lump sums and quantities of the various bid items. This will be used to agree on progress payments. IBM will review the Contractors' invoices and provide feedback to the City. This review will include quality control test results and quantities of measured work to establish the correct billing amount for the month. Review of pay requests will be very much tied to the requirements of the Contract. The City will perform review of the Contractors' certified payroll. C. Construction Completion and Closeout The closeout process will be performed in accordance with the City's closeout procedures and is briefly described below. HMM will discuss closeout procedures with the City and agree upon the final output before the end of construction. Field Activity Closeout The HMM team will develop a final punchlist. In addition, permitting jurisdictions and stakeholder agencies will be requested to perform a final inspection and joint walk through, so their concerns can be heard and a final punchlist developed. A functional test of field systems shall be performed in the presence of the appropriate jurisdiction. Photographic documentation of post construction conditions will be performed. Permanent Records Final project records will be assembled in accordance with the City's filing system for archiving. The HMM team will also prepare the comprehensive closeout binder which gives a snapshot of the project construction record. Negotiate Claims, Liquidated Damages and Final Payment After acceptance of the contract, the HAM team will prepare the Proposed Final Estimate (PFE), which includes payment for all work performed under the contract and approved change orders. In accordance with the contract, the Contractor shall submit his exceptions to the proposed final estimate, including substantiation for all additional payments. HMM will assist the City to resolve formal claims, if any. Closeout Procedures and As -built Plans The Contractor is responsible for incorporating all deviations from Contract Drawings into redline drawings. The deviations to be recorded shall include change orders, field modifications, differing site conditions, etc. At the end of the project, redlines will be incorporated into the CAD files, in accordance with City requirements. Items Excluded from Scope of Work The following items are not included in H AM's proposed Scope of Work: • Material testing • Assessment of environmental characteristics at the project sites, particularly those involving hazardous substances • Review of certified payroll (performed by the City) • Supervision of Contractor's safety procedures Fees for Proposed Services The foregoing proposed scope of services will be performed on a time and materials, reimbursable, not to exceed fee basis per the attached Hourly Rate Schedule. Expenses will be invoiced at costs plus a 10% handling fee. The fees proposed to perform the services described above amount to $175,320. The City will be invoiced monthly based on actual hours and costs completed during each billing cycle. Invoices are due and payable within 30 days of presentation. Proposed Schedule The foregoing proposed scope of services will be completed within 5 months of the Contractor's date of authorization of Notice to Proceed. Hatch Mott MacDonald Schedule of Charges Hatch Mott Hatch Mott MacDonald MacDonald Hourly Rates Senior Project Manager Senior Project Engineer (Technical Expert Senior Engineer Project Engineer Inspector Staff a $ 268.00 $ 246.00 $ 246.00 $ 210.00 $190.00 $170.00 $152.00 $135.00 $119.00 $103.00 $ 84.00 an ele.,uov.m. nw per- work PPo°XBoulewJ fere. M.ln mtl Cwlx Plnnm uulM npm�rl WP4-1 mry pprlugo Impwtivn.n<Can.Wetivn BuppeXlmlm Naecl�Mon m Mm;d.n:eM 'u*Kamw°10 nw per- work _ W mea m Faop.mmew�lelewp Y`o�au Agenda Item F,.-- Meeting cMeeting Date tl S CITY OF BURLINGAME 2015 COUNCIL ASSIGNMENTS— Revised 12-30-14 Committee Schedule Comments Bold names are members, alternates in parentheses. 1 ABAG — City Delegate Quarterly Brownrigg (Ortiz) 2 Airport Land Use Commission Quarterly meetings C/CAG Ortiz (Keighran) held at Burlingame City subcom- Hall mittee 3 Airport Round Table Meets quarterly on V Ortiz (Brownrigg) Wednesday each month, 7 p.m. 4 Audit Committee Meets 2-3 times per Ortiz & Root year, including once in December 5 Bay Area Water Supply and Conservation Meets 3rd Thurs of O'Mahony Agency (BAWSCA) every other month, starting January 6 I Caltrain Modernization Policymaker Group Monthly Root (Ortiz) 7 Central County Fire Board For 2015, meetings Minimum 2- Brownrigg & Keighran begin at 4 p.m. on: year terms. Feb. 11 at Burlingame Brownrigg Apr. 8 at Hillsborough joined in Dec. Sept. 9 at Burlingame 2011, Dec. 9 at Hillsborough Keighran joined in Mar. 2013 8 Chamber of Commerce Liaison 25d Tuesday of each Keighran & Root month, noon -1:30 p.m. 9 City/County Association of Governments 2"d Thursday of each Nagel (Ortiz) (C/CAG) month, 6:30 p.m. 10 City/Schools Liaison Committee 3 times a year, usually Keighran & Ortiz midweek at 9 a.m. 11 Civic Engagement Subcommittee As needed Nagel & Keighran 12 Community Center Master Plan Advisory As needed Keighran & Ortiz Committee -6 Downtown Plan Implementation As needed Brownrigg & Keighran 14 Economic Development Subcommittee 4th Wednesday of the Brownrigg & Ortiz month 15 Emergency Services Council (quarterly) 3rd Thursday in January, Nagel (Ortiz) April, June and September, 5:30 p.m. at Hall of Justice in Redwood City 16 Fire ALS Joint Powers Authority Twice annually as Root (Brownrigg) group agrees, usually at 6 p.m. 17 Grand Boulevard Task Force Quarterly, 10 a.m: Root (Ortiz) noon, location varies 18 Housing Endowment and Regional Trust Quarterly on Wed at 3 Keighran (Ortiz) (H EART) p.m. 19 Peninsula Cities Consortium Quarterly, 8:15 a.m. Brownrigg (Ortiz) (location rotates among 6 cities) 20 Peninsula Congestion Relief Alliance (now Every other month on Root (Ortiz) . called Commute.org) Tues. or Thurs. at 8 a.m. 21 South Bay Waste Management Authority Quarterly, 2 pm, Brownrigg (Root) Thursdays Members Elected or Selected to the Following, Not Appointed by Mayor 22 San Mateo County Transportation Authority 1st Thursday of month, Elected Nagel 5 p.m., SamTrans through Dec. building, San Carlos 2015 23 Peninsula Health Care District Long Term 6 x/ year, generally Selected Brownrigg & Ortiz Planning Committee Tues evenings All Council Members Invited to Following Committees/Groups 24 Peninsula Division League of California Cities 4 dinner meetings per All year, plus January reception for newly elected council members 25 Council of Cities Usually 4th Friday of All month, rotating city STAFF REPORT AGENDA NO: 8d a MEETING DATE: January5, 2015 To: Honorable Mayor and City Council Date: January 5, 2015 From: Leslie Loomis — (650) 558-7209 Subject: Adoption of a Resolution Authorizing Amendment of the City Manager's Employment Agreement to Provide a Salary Increase of 3% and a 2% Contribution to a Deferred Compensation Plan RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the Mayor to execute an amendment to City Manager Lisa Goldman's employment agreement to increase her salary by 3% and to contribute 2% of her monthly salary into a deferred compensation account effective the first pay period in January 2015. BACKGROUND City Manager Lisa Goldman began her service with the City of Burlingame on December 27, 2012. In December 2013, the City Council reviewed her performance and authorized a 2.25% increase effective the first pay period beginning after her anniversary date. On December 3, 2014, the City Council met with Ms. Goldman in closed session to review her performance after her second year in office. The City Council also met in closed session with Human Resources Director Leslie Loomis to review City Managers' compensation in cities of a similar size to Burlingame and to discuss increasing the City Manager's salary. DISCUSSION During the December 3rtl closed session, the City Council decided to increase the City Manager's salary by 3% in recognition of her successful completion of her second year and to contribute 2% of her salary into a deferred compensation plan to keep her salary and benefits package within the labor market norm. In order to increase her salary, Section 5 of the employment agreement must be amended to increase the monthly salary from $18,233.69 per month to $18,780.70. The Council also authorized an additional payment of 2% of salary, which amounts to $364.67 per month, into a City sponsored deferred compensation plan. This change will be effective beginning with the first pay period in January 2015. FISCAL IMPACT The financial impact for the remainder of this fiscal year is approximately $5500. The City Manager's Office budget can absorb this amount using existing funds. 1 Amendment to the City Manager's Employment Agreement January 5, 2015 Exhibits: • Resolution • Agreement Between the City of Burlingame and Lisa K. Goldman for Employment as City Manager of the City of Burlingame • Second Amendment to City Manager's Employment Agreement RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING AMENDMENT OF THE CITY MANAGER'S EMPLOYMENT AGREEMENT TO PROVIDE A SALARY INCREASE OF 3% AND A CONTRIBUTION OF 2% TO A DEFERRED COMPENSATION ACCOUNT WHEREAS, City Manager Lisa K. Goldman began her service with the City on December 27, 2012; and WHEREAS, the City Council has conducted performance evaluations for Ms. Goldman upon completion of each year with the City, both of which have been positive; and WHEREAS, the City Council determined, following the evaluation on December 3, 2014, that a salary increase of 3% was warranted in recognition of Ms. Goldman's successful performance, effective at the beginning of the first pay period in January 2015; and WHEREAS, the City Council also agreed to increase the City's contribution into a deferred compensation account by 2% of Ms. Goldman's salary; and , WHEREAS, all other terms and conditions of Ms. Goldman's employment are to remain as provided in her original employment agreement; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame does hereby authorize the Mayor to execute the attached Second Amendment to Ms. Goldman's City Manager Employment Agreement, to increase Ms. Goldman's gross salary by 3%, and to contribute an amount equal to 2% of her gross salary into a deferred compensation account, effective the first pay period in January 2015, and leaving all other terms and conditions of employment as provided in the City Manager Employment Agreement. 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 5th day of January, 2015, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers Mary Ellen Kearney, City Clerk AGREEMENT BETWEEN THE CITY OF BURLINGAME AND LISA K GOLDMAN FOR EMPLOYMENT AS CITY MANAGER OF THE CITY OF BURLINGAME THIS AGREEMENT is entered into this day of , 2012, by and between the City of Burlingame, a Municipal Corporation existing under the laws of the State of California, herein called the "City", and Lisa K. Goldman ("Ms. Goldman"). RECITALS A. The City is seeking a new City Manager and desires to employ Ms. Goldman in that position pursuant to the terms and conditions of this Agreement and consistent with Chapter 3.04 of the Burlingame Municipal Code. B. Ms. Goldman has the education and experience for the position of City Manager and is willing and able to assume the duties and responsibilities of that position pursuant to the terms and conditions of this Agreement. AGREEMENT NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Employment and Duties. Ms. Goldman shall serve as City Manager of the City and as an employee of the City for all purposes as provided in Burlingame Municipal Code, Chapter 3.04, the California Government Code, and other applicable ordinances, resolutions, and laws. Ms. Goldman shall also serve as Executive Director of the Burlingame Financing Authority. Ms. Goldman shall perform such further duties as the City may direct. 2. Time of Performance. Ms. Goldman shall begin employment with the City no later than January 1, 2013. 3. Devotion to Duties. During such time as Ms. Goldman is employed pursuant to this Agreement, Ms. Goldman shall not accept or undertake any employment which would interfere with, conflict with, or be inconsistent with her duties and obligations under this Agreement or which would interfere with, conflict with or be inconsistent with her duties under any State, Federal or City laws or regulations. 4. Nonassignabilitv. The services to be performed under this Agreement are unique and personal to Ms. Goldman, and she is being employed solely because of her personal qualifications, qualities, and character. No portion of these services shall be assigned or subcontracted in any way. 5. Monthly Compensation. Upon beginning employment with the City, City shall pay Ms. Goldman a salary of $17,833.33 per month. This compensation shall be paid on the same payment schedule as City Department Heads, which is currently biweekly. 6. Deferred Compensation Contribution. City shall contribute the same amount per year to Ms. Goldman's 457 deferred compensation account as for the City Department Heads. 7. Employment Benefits. Except as expressly amended by this Agreement, City shall provide Ms. Goldman with the same benefits, including retirement, holidays, medical, dental, long-term disability, vision, life insurance, professional development, unreimbursed health, and administrative leave benefits, as provided to the City Department Heads. 8. Vacation Accrual. Upon employment pursuant to this Agreement, Ms. Goldman shall accrue fifteen (15) vacation days per year. Except as provided in this paragraph, Ms. Goldman's vacation leave shall be the same rules as for the City Department Heads. 9. Service Club Participation. City shall reimburse Ms. Goldman for her membership and necessary participation in one service club in Burlingame of Ms. Goldman's choosing. 10. Professional Memberships and Training. In addition to the benefits provided by the Professional Development/Umeimbursed Health Account benefit should such benefits be reinstated, City shall pay for Ms. Goldman's membership in the International City Managers Association. It is the intention of the parties that Ms. Goldman's department budget shall include Ms. Goldman's attendance at professional associations, city associations, and professional training, and that Ms. Goldman's expenses in connection with those associations and training shall be paid for or reimbursed pursuant to that budget and City policies governing travel and reimbursement. 11. Performance Review. At least once per year, the City Council shall meet with Ms. Goldman and review her performance. During this performance review, the City Council and Ms. Goldman may agree on performance objectives and priorities for the coming year for Ms. Goldman. 12. Termination of Agreement by Ms. Goldman. Ms. Goldman may terminate this Agreement at any time upon giving at least sixty (60) days written notice to the City. 13. Termination of Agreement by Citv. a. Pursuant to the Burlingame Municipal Code, the City may terminate this Agreement at any time, with or without cause, pursuant to the provisions of the Burlingame Municipal Code. In. Except as required by State or Federal law, no further payment to Ms. Goldman shall be required pursuant to this Agreement if the City terminates this Agreement for the following reasons: i. If Ms. Goldman dies. ii. If Ms. Goldman is convicted of a felony or misdemeanor involving moral turpitude or personal gain from public employment. iii. If the City Council determines that Ms. Goldman has violated City policy regarding sexual harassment or drug or alcohol usage, or has violated State or Federal law with regard to civil rights, and the City Council determines that termination from City employment is the appropriate sanction. iv. If the City Council determines that Ms. Goldman has stolen public monies. c. In the event that the City terminates this Agreement for a reason not stated in subparagraph (b) above and Ms. Goldman is still willing and able to perform her duties under this Agreement, City shall pay to Ms. Goldman upon termination of the Agreement an amount equal to six (6) months of then -current monthly compensation, in addition to the payment of the accrued benefits as provided to the City Department Heads upon resignation or termination. 19. . 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: City Clerk City of Burlingame 501 Primrose Road Burlingame, CA 94010 To Ms Goldman: Ms. Lisa Goldman 20. 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. 21. Binding Effect. This Agreement was negotiated and drafted by both parties. This Agreement is binding on the heirs and executors, administrators, and conservators of Ms. Goldman. 22. Governing Law. This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior or Municipal Court of the County of San Mateo or Santa Clara. 23. Non -Liability of Officials and Employees. No official or employee of the City shall be personally liable for any default or liability under this Agreement except Ms. Goldman. 24. No Rights in Third Parties. Nothing contained in this Agreement is intended to nor shall it be construed to create any right of action of any kind in any third parry. 25. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and Ms. Goldman. 26. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the City and Ms. Goldman. 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 Ms. Goldman have executed this Agreement as of the date indicated on page one (1). CITY OF BURLINGAME Ann Keighran, Mayor Michael Brownrigg, Vice Mayor Cathy Baylock, Council Member Terry Nagel, Council Member Jerry Deal, Council Member LISA K. GOLDMAN ATTEST: Mary Ellen Kearney, City Clerk Approved as to Form: Gus Guinan, City Attorney SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF BURLINGAME AND LISA K. GOLDMAN FOR EMPLOYMENT AS CITY MANAGER OF THE CITY OF BURLINGAME This amendment is entered into this day of 2015, by and between the City of Burlingame, a Municipal Corporation existing under the laws of the State of California, herein called the "City," and Lisa K. Goldman ("Ms. Goldman"), as follows: RECITALS: A. Ms. Goldman is currently serving as City Manager for the City of Burlingame pursuant to that contract denominated "Agreement Between the City of Burlingame and Lisa K. Goldman for Employment as City Manager of the City of Burlingame" (`Employment Agreement"), entered into on November 19, 2012, and amended on January 6th, 2014. B. Ms. Goldman has successfully completed her second year with the City. Subsequent to a performance evaluation, the City Council determined that her salary should be increased by 3%. An additional 2% of her adjusted gross salary will be contributed into a City - sponsored deferred compensation plan on Ms. Goldman's behalf, effective with the first pay period in January 2015. C. Both parties are amenable to this change and desire that all other terms and conditions of the existing Employment Agreement remain in full force and effect. AMENDMENT TO EMPLOYMENT AGREEMENT NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Paragraph 5, Monthly Compensation, of the Employment Agreement shall be amended to provide that the City shall pay Ms. Goldman a salary of $18,780.70 per month and to provide that an amount equal to 2% of Ms. Goldman's salary shall be contributed into a deferred compensation plan, effective with the first pay period in January 2015. 2. All other terms and conditions of the Employment Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City and Ms. Goldman have executed this Amendment as of the date indicated above. CITY OF BURLINGAME Terry Nagel, Mayor ATTEST: Mary Ellen Kearney, City Clerk LISA K. GOLDMAN APPROVED AS TO FORM: Kathleen Kane, City Attorney BURL,INGAME STAFF REPORT AGENDA NO: He MEETING DATE: January5, 2015 To: Honorable Mayor and City Council Date: January 5, 2015 From: Leslie Loomis, Human Resources Director — (650) 558-7209 Subject: Adoption of a Resolution Authorizing the City Manager to Execute a Side Letter Agreement with AFSCME Local 2190 to Establish an Emergency Contact Procedure for Parks and Recreation Staff Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to amend the AFSCME Local 2190 Memorandum of Understanding to include the attached side letter agreement related to an emergency contact procedure for Parks and Recreation staff. City Council authorization is needed to adopt the side letter attached to the resolution. During emergencies, the Parks and Recreation Department needs to contact Parks staff to respond to emergency calls for service during non -business hours. In the past, the Police Department Communications Dispatch Center has been responsible for finding a staff member from the Parks Division to return to work to handle an emergency call. Typically, these calls require staff to remove fallen trees or branches, work that the Police Department is not equipped to handle. Because it is often difficult for the Dispatcher to find an employee who is available to return to work, the Police Department asked the Parks and Recreation Department to figure out a more efficient method to manage these calls for response. As a result, the City met with representatives from AFSCME Local 2190 to work on the issue of determining an efficient way to handle Parks emergency calls. The City and AFSCME 2190 have reached agreement on a solution to this problem, and this agreement has been memorialized in the attached side letter. The agreement can be terminated at any time if the solution does not work. DISCUSSION The side letter provides an incentive to Parks staff to be on a monthly call out list for emergency response. One person will be designated as the "Emergency Contact Person'. This person will be issued a City cell phone and will be responsible for answering all the calls and for handling the emergencies. Assignments to the "Emergency Contact Person" list will be made on a voluntary basis and rotated once a month. The staff member serving the assignment will be paid $50 for that month only. 1 Resolution Regarding AFSCME Side Letter FISCAL IMPACT January 5, 2015 Funding for the minimal cost of $50 per month for an "Emergency Contact Person" can be absorbed in the current Parks and Recreation budget. Exhibits: 1. Resolution 2. December 22, 2014 Side Letter Between AFSCME Local 2190 and the City RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE A SIDE LETTER AGREEMENT WITH AFSCME LOCAL 2190 TO ESTABLISH AN EMERGENCY CONTACT PROCEDURE FOR PARKS AND RECREATION STAFF WHEREAS, representatives for the City of Burlingame and representatives for the American Federation of State, County and Municipal Employees (AFSCME 2190) have met and agreed to modify the Memorandum of Understanding between the parties, which expires on June 30, 2015, through the adoption of a side letter agreement for a specific situation only, on a non -precedent setting basis; and WHEREAS, the City and AFSCME have agreed on a method for contacting Park staff to return to work to handle emergency calls; and WHEREAS, the side letter may be revoked by either party at any time if it is not an effective solution; and WHEREAS, the cost of the "Emergency Contact Procedure" is $50.00 per month, and there are sufficient funds in the Parks and Recreation Department budget to cover this cost. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame does hereby authorize the City Manager to execute the attached side letter agreement with AFSCME 2190 effective with the beginning of the first pay period following January 1, 2015. 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 5th day of January, 2015, and was adopted thereafter by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Mary Ellen Kearney, City Clerk CSIDE LETTER AGREEMENT BETWEEN AFSCME LOCAL 2190 AND THE CITY OF BURLINGAME December 22, 2014 Representatives for the City of Burlingame and representatives for American Federation of State, County and Municipal Employees (AFSCME) Local 2190 have met and agree to modify the Memorandum of Understanding between the parties, which expires on June 30, 2015, for the following specific situation only: Background The Parks and Recreation Department needs a system to contact employees when there is the need for employees to return to work to handle emergencies during off duty hours. AFSCME representatives and the City met and agreed to enter into a six month pilot program to provide a communication link between the Dispatch Center and the Department. Both parties agree that the City may cancel the program at any time if it is not working. Program When the City Dispatch Center receives call for emergency service, the Dispatch center will call the person designated as the "Emergency Contact Person" who will have a City cell phone. This person is responsible for responding to the call and for contacting additional staff if the situation requires additional staff to resolve. The "Emergency Contact Person" will serve for a minimum of one month at a time. To be eligible, employees in the Parks Corporation Yard must be qualified to handle the calls for service, be off probation, live within a 30 minute response time, based on google maps, from the Parks Building, and be willing to answer the City cell phone during non- business hours, 7 days a week for a month. When assigned as the "Emergency Contact Person" employees may not take vacation of compensation time. In the event they are ill, on bereavement leave or jury duty, they are responsible for giving the City cell phone to appropriate personnel so the Dispatcher can reach the cell phone at all times. Assignments to the "Emergency Contact Person" are voluntary. The monthly compensation for carrying the cell phone is $50.00 per month. If the foregoing is in accordance with your understanding, please indicate your approval and acceptance in the space provided below. Approved and Accepted: For AFSCME Local 2190 For City of Burlingame Date: 1-2, 12C c Date: STAFF REPORT AGENDA NO: 9a a MEETING DATE: January 5, 2015 To: Honorable Mayor and City Council Date: January 5, 2015 From: Kathleen Kane, City Attorney — (650) 558-7204 Subject: Adoption of an Urgency Moratorium on New Applications for Marijuana Dispensaries, Collectives, Growing Operations, and Related Uses Staff recommends that the City Council consider adoption of an urgency moratorium on new applications for marijuana dispensaries, collectives, growing operations, and related uses. In order to do so, the Council should: • Receive the staff report and ask any clarifying questions. • Ask the Clerk to read the title of the proposed ordinance. • By motion, waive further reading and introduce the ordinance. • Hold a public hearing. • Discuss the ordinance and determine whether to adopt it. • By motion, approve the temporary moratorium. This motion would require 4 affirmative votes. BACKGROUND Planning staff has been approached on a periodic basis with proposals to open marijuana dispensaries and collectives within Burlingame. Currently, the City's Zoning Code does not address marijuana -related establishments. Under Section 25.04.070 of the Code, uses that are not listed as permitted or conditional are prohibited. Therefore, the Community Development Department has indicated that marijuana -related land uses are not permissible in the city. This approach is consistent with both the letter of the Code and its usual application by Planning staff. This item is being brought to Council because although such uses are generally prohibited under the Zoning Code's catch-all provision, increasing ambiguity exists under state law and recent court decisions regarding marijuana -related uses and how they may be regulated as a matter of local jurisdictions' police and zoning powers. Local jurisdictions have in some cases enacted total bans on marijuana -related land uses, finding that the public safety implications of such uses warrant their prohibition. Other jurisdictions have opted to allow certain marijuana -related uses under varying degrees of regulation and special tax structures. However, jurisdictions permitting marijuana -related land uses have observed the need I Marijuana Moratorium January 5, 2015 for increased public safety services associated with those uses. State case law is rapidly evolving on what kinds of regulation are permissible and what findings must be made in order to support them. On a local level, Burlingame is undertaking a major revision of its General Plan, which will include a thorough re-examination of the Zoning Code and land use regulation in the city. The City should avoid taking an action regarding marijuana -related uses that may be in conflict with policies currently under review and development. Under these circumstances, and to provide clarity to prospective applicants for marijuana -related land uses, the attached moratorium would give the City time to assess what, if any, regulation of marijuana -related uses should be adopted as part of a permanent Zoning Code revision. Cities are empowered to enact temporary urgency moratoria as an extension of their powers to regulate land use, where such moratoria are necessary to protect the public safety, health and welfare. See California Government Code § 65858. Such moratoria may prohibit "any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or planning department is considering or studying or intends to study within a reasonable time." Id. The initial urgency moratorium requires a four- fifths vote of the legislative body and shall be in effect for 45 days; the moratorium may be extended following additional notice and hearing. The maximum extension possible under the statute is 22 months. Should Council determine a direction on medical marijuana land uses before the expiration of the moratorium or any extension, the moratorium can be repealed in favor of any permanent approach to regulation. In the case of marijuana -related land uses, the City needs the opportunity to study such uses in conjunction with the General Plan review that is currently being undertaken. Additionally, the experience of other jurisdictions permitting such uses has demonstrated that the public safety, health, and welfare require planning for potential crime and safety-related impacts of permitting marijuana -related establishments. Medical marijuana dispensaries and collectives have been associated with increased risks of robberies, identity falsification, fraudulent resale of marijuana, and loitering. Should the City choose to allow marijuana -related establishments, proper planning for regulation, monitoring, and public safety staffing will be necessary to mitigate any negative ancillary effects on neighboring properties and the public. Nothing in the proposed urgency ordinance is intended to affect the rights of individuals as established by the Compassionate Use Act of 1996, otherwise known as Proposition 215 and enacted at California Health and Safety Code §11362.5 et seq., and as elaborated under the Medical Marijuana Program Act, Health and Safety Code § 11362.7, et seq. The attached ordinance is limited to any marijuana -related uses that would require business licenses, home occupancy permits, or permits or entitlements under Burlingame's Zoning Code. It does not affect individuals possessing a valid prescription, or healthcare facilities that provide in-patient or residential care. 2 Marijuana Moratorium January 5, 2015 The adoption of the moratorium is not a project per California Environmental Quality Act Guidelines Section 15378 because it has no potential for resulting in physical change to the environment; -directly or indirectly. It is a temporary limitation only on certain approvals and will not change the status quo of the de facto prohibition currently in place. Any permanent changes in land use regulations taken following the proposed moratorium would have to be separately evaluated regarding whether they would require analysis under the Act. Should the Council adopt the attached urgency moratorium, the City Attorney will return with a report addressing the measures taken to alleviate the conditions identified as creating the need for the moratorium, per Government Code § 65858(d). FISCAL IMPACT None. Exhibit: • Proposed Urgency Ordinance ,F, ORDINANCE NO. AN INTERIM ORDINANCE OF THE CITY OF BURLINGAME PROHIBITING THE ESTABLISHMENT AND OPERATION OF MARIJUANA DISPENSARIES, COLLECTIVES, GROWING OPERATIONS, AND OTHER RELATED USES WITHIN THE CITY WHEREAS the City has received inquiries regarding the potential for opening medical marijuana collectives and dispensaries; and WHEREAS the City's Zoning Code currently does not specifically address marijuana -related uses within the City; and WHEREAS the Zoning Code prohibits those uses which are not specifically permitted or allowed conditionally; and WHEREAS greater clarity for prospective applicants for marijuana -related uses would be advantageous; and WHEREAS the City is undertaking a comprehensive review and update of its General Plan and Zoning Code; and WHEREAS the City does not want to take actions that could become inconsistent with such updated General Plan and Zoning Code; and WHEREAS marijuana dispensaries, collectives, and growing operations have been associated in other jurisdictions with increased crime and risk to neighboring properties and persons; and WHEREAS the public health, safety, and welfare require that the City be afforded adequate time to assess and plan for any impacts associated with permitting marijuana -related uses; NOW, THEREFORE, the City Council of the City of Burlingame does hereby find and declare as follows: Section 1: Council Findines A. The City Council finds and declares that the potential establishment of medical marijuana -related uses including dispensaries, collectives, and growing operations, or any such related uses that would require a business license or permits or approvals under the City's Zoning Code, poses a current and immediate threat to the public health, safety, and welfare, and that without the adoption of this interim urgency ordinance, the City Council will not have sufficient time and ability to study the complex legal and practical issues surrounding medical marijuana in order to develop a viable long-term regulatory approach. B. The City Council finds that the City of Burlingame is currently undertaking a comprehensive review and revision of its General Plan and Zoning Code, and that the General Plan Update may generate guidance on permanent approaches to the regulation of medical marijuana -related uses in the City. C. State and Federal law on medical marijuana are currently in conflict, and State law is rapidly evolving through legislation, administrative guidance, and court decisions regarding local governments' regulation of medical marijuana -related uses. D. The City has received multiple inquiries related to opening medical marijuana -related establishments such as collectives and dispensaries. E. This urgency moratorium is necessary at this time in order to study the impacts on public health, safety, and welfare of medical marijuana -related uses and to evaluate appropriate regulatory approaches. Section 2: Imposition of Moratorium. In accordance with the authority granted to the City by California Government Code Section 65858, and pursuant to the findings stated herein, from and after the date of this ordinance, no use permit, variance, building permit, business license, or other applicable entitlement shall be approved or issued for the establishment of a marijuana collective, dispensary, growing operation, or other medical marijuana - related use for a period of forty-five days. A. "Establishment" of a medical marijuana -related use means and includes any of the following: the opening or commencement of a marijuana -related use as a new business or establishment; the conversion of an existing business or establishment to function as a marijuana dispensary, collective, or growing operation; and the addition of a medical marijuana dispensary, collective, or growing operation to an existing business or establishment. B. Prohibited medical marijuana uses under this moratorium include any use or operation that would require a business license or permit or entitlement under the City's Zoning Code. C. This moratorium does not affect the rights of individuals as established by State law to possess or use medical marijuana. D. This moratorium does not affect the establishment or operation of clinics and health care facilities licensed pursuant to Division 2 of the California Health and Safety Code. This moratorium does not affect residential care facilities for persons with life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, nor residential care facilities for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code. This moratorium does not affect the establishment or operation of a residential hospice, nor of a home -health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, provided it complies with all applicable State law provisions. E. "Marijuana" means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, or mixture prepared therefrom. It includes marijuana or cannabis infused in foodstuffs. F. The penalties for violation of this ordinance are as provided in Burlingame Municipal Code Chapter 1.12. Section 3. The City Council hereby finds and determines that this interim urgency ordinance is necessary as an emergency measure pursuant to Government Code Section 65 85 8 for preserving the public health, safety, and welfare of the citizens of the City of Burlingame. Section 4. This interim urgency ordinance shall take immediate effect upon adoption by four-fifths vote of the City Council. The interim urgency ordinance shall continue in force and effect for forty-five days from the date of its adoption and shall thereafter be of no force and effect unless, after notice pursuant to Government Code Section 65090 and a public hearing, the City Council extends this urgency ordinance. Section 5. The City Attorney shall review and consider options for the regulation of medical marijuana -related uses in the City and provide to the City Council a report describing the measures that the City has taken to address the conditions which led to the adoption of this interim urgency ordinance. Section 6. The City Clerk shall publish this urgency ordinance in the manner required by law. Section 7. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Terry Nagel, Mayor I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced 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 BURLINGAME STAFF REPORT To: Honorable Mayor and City Council Date: January 5, 2015 From: Kathleen Kane, City Attorney — (650) 558-7204 AGENDA NO: 9b MEETING DATE: January 5, 2015 Subject: Adoption of an Urgency Moratorium on New Applications for Massage Establishments RECOMMENDATION Staff recommends that the City Council consider adoption of an urgency moratorium on new applications for massage establishments. In order to do so, the Council should: • Receive the staff report and ask any clarifying questions. • Ask the Clerk to read the title of the proposed ordinance. • By motion, waive further reading and introduce the ordinance. • Hold a public hearing. • Discuss the ordinance and determine whether to adopt it. • By motion, approve the temporary moratorium. This motion would require 4 affirmative votes. BACKGROUND In 2009, the State legislature enacted sweeping revisions to local governments' ability to regulate massage establishments. Last year, the Council adopted an ordinance to come into compliance with that law. In essence, the 2009 legislation prevented local governments from exercising significant regulatory authority over any massage establishment where practitioners were licensed by the newly created California Massage Therapy Council. The impacts of the 2009 legislation were large. Many cities experienced a proliferation of massage establishments, some of which operated as cover for illicit activities. Acknowledging pressure from local jurisdictions, the State legislature recently altered the regulatory landscape for the massage industry again — this time restoring some, but not all, of the powers previously exercised by local government in regulating massage establishments. The new law, known as AB 1147, went into effect on January 1, 2015. Under AB 1147, cities again have land use authority to regulate the massage industry. However, that authority is limited in some areas and unclear in others. Across the state, cities are evaluating the new law and enacting a range of ordinances in response. Several are enacting or considering moratoria. 7 Massage Establishment Moratorium January 5, 2015 Cities are empowered to enact temporary urgency moratoria as an extension of their powers to regulate land use, where such moratoria are necessary to protect the public safety, health and welfare. See California Government Code § 65858. Such moratoria may prohibit "any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or planning department is considering or studying or intends to study within a reasonable time." Id. The initial urgency moratorium requires a four- fifths vote of the legislative body and shall be in effect for 45 days; the moratorium may be extended following additional notice and hearing. The maximum extension possible under the statute is 22 months. However, staff does not propose a moratorium of long duration for new massage establishments. Instead, staff contemplates a short moratorium in order to be able to evaluate the approaches taken by Burlingame's neighbors in the region and determine the best course of action to yield robust regulation without impeding legitimate businesses in the city. The public health, safety, and welfare are directly affected by illicit activities, including prostitution and human trafficking, that can occur under the guise of massage businesses. The new state law removes one structure for regulating massage businesses without establishing a clear substitute. Criminal and human rights violations with a direct impact on public safety and welfare could occur in the regulatory void created by the change in state mandates unless the proposed moratorium is enacted. The moratorium would give the City time to ensure that Burlingame's approach takes into account regional responses to the legislation and the City's own assessment of its zoning and public safety needs. The City has an interest in conducting this review in an expedited manner, in order to ensure a minimum of disruption to legitimate massage businesses seeking to locate in the City. A short moratorium consisting of the initial 45 -day period and a potential minimal extension should be sufficient for this review. The adoption of the moratorium is not a project, as defined by California Environmental Quality Act Guidelines Section 15378, because it has no potential for resulting in physical change to the environment, directly or indirectly. It is a temporary limitation only on certain approvals. Any permanent changes in land use regulations taken following the proposed moratorium would have to be separately evaluated regarding whether they would require analysis under the Act. Should the Council adopt the attached urgency moratorium, the City Attorney will return with a report addressing the measures taken to alleviate the conditions identified as creating the need for the moratorium, per Government Code § 65858(d). FISCAL IMPACT None. Exhibit: • Proposed Urgency Ordinance 2 MHAD]Io/.1104[]go01[0 AN INTERIM ORDINANCE OF THE CITY OF BURLINGAME PROHIBITING THE ESTABLISHMENT AND OPERATION OF NEW MASSAGE ESTABLISHMENTS WITHIN THE CITY WHEREAS California State law changed in 2009 to remove most local governmental authority to regulate the massage industry; and WHEREAS the City enacted changes to its Municipal Code in 2013 to bring it in alignment with those changes; and WHEREAS the State legislature recently passed AB 1147, which was signed by the Governor and went into effect as of January 1, 2015; and WHEREAS AB 1147 restored some but not all powers to local governments to regulate the massage industry; and WHEREAS the recent legislation contains ambiguities regarding the extent of the regulatory authority conferred; and WHEREAS other cities in the immediate region are currently grappling with how to implement the new legislation; and WHEREAS many massage establishments provide completely legitimate services to the public, while others function as a cover for illicit activities such as prostitution and human trafficking; and WHEREAS the change in State mandates could create a regulatory void in which such illicit uses could proliferate if the City is not afforded the opportunity to evaluate the new legislation and respond with appropriate implementing regulations; and NOW, THEREFORE, the City Council of the City of Burlingame does hereby find and declare as follows: Section 1: Council Findings A. The City Council finds and declares that the potential establishment of new massage businesses in the interim between the recent enactment of AB 1147 and the adoption of a new regulatory scheme by the City poses a current and immediate threat to the public health, safety, and welfare, and that without the adoption of this interim urgency ordinance, the City Council will not have sufficient time and ability to study the new legislation and enact effective implementing regulations. B. The City Council finds that the current Chapter 6.39 of the Burlingame Municipal Code must be amended to reflect recent changes in State law and in order to provide effective regulation of massage establishments within the City. C. The City receives inquiries and applications on a routine basis for the establishment of new massage businesses. D. While most massage businesses provide legitimate services to the public, some such establishments act as a cover for illicit activities including prostitution and human trafficking. E. Prostitution and human trafficking are serious crimes with immediate and detrimental impact on both the victims of such crimes and on the citizens of the surrounding community, including ancillary effects such as increased risk of robbery. F. This urgency moratorium is necessary at this time in order to study the impacts on public health, safety, and welfare of the establishment of new massage businesses and to evaluate appropriate regulatory approaches under recently enacted State law. Section 2: Imposition of Moratorium. In accordance with the authority granted to the City by California Government Code Section 65858, and pursuant to the findings stated herein, from and after the date of this ordinance, no use permit, variance, building permit, business license, or other applicable entitlement shall be approved or issued for the establishment of a new massage business or related use for a period of forty-five days. A. `Establishment" of a new massage business means and includes any of the following: the opening or commencement of a massage use as a new business or establishment; the conversion of an existing business or establishment to function as a massage business; and the addition of a massage operation to an existing business or establishment. B. Prohibited new massage uses under this moratorium include any use or operation that would require a business license or permit or entitlement under the City's Zoning Code. C. This moratorium does not affect existing massage businesses within the City or those whose applications for relevant entitlements have been completed as of the date of adoption of this moratorium. D. This moratorium does not affect the provision of massage services incidental to a clinic or health facility use, including physical therapy and related services. E. The penalties for violation of this ordinance are as provided in Burlingame Municipal Code Chapter 1.12. Section 3. The City Council hereby finds and determines that this interim urgency ordinance is necessary as an emergency measure pursuant to Government Code Section 65858 for preserving the public health, safety, and welfare of the citizens of the City of Burlingame. Section 4. This interim urgency ordinance shall take immediate effect upon adoption by four-fifths vote of the City Council. The interim urgency ordinance shall continue in force and effect for forty-five days from the date of its adoption and shall thereafter be of no force and effect unless, after notice pursuant to Government Code Section 65090 and a public hearing, the City Council extends this urgency ordinance. Section 5. The City Attorney shall review and consider options for the regulation of massage establishments in the City and provide to the City Council a report describing the measures that the City has taken to address the conditions which led to the adoption of this interim urgency ordinance. Section 6. The City Clerk shall publish this urgency ordinance in the manner required by law. Section 7. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Terry Nagel, Mayor [Certification on next page] I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced 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 a STAFF REPORT AGENDA NO: 9C MEETING DATE: January5, 2015 To: Honorable Mayor and City Council Date: January 5, 2015 From: William Meeker, Community Development Director— (650) 558-7255 Subject: Public Hearing and Action to Consider Adoption of a Resolution of Approval of the 2015-2023 Housing Element Update — Negative Declaration and Amendment to the General Plan RECOMMENDATION The City Council should: 1. Conduct a public hearing and consider all public testimony related to the approval of a Negative Declaration and adoption of the 2015-2023 Housing Element as an amendment to the Burlingame General Plan. 2. Following conclusion of the public hearing, consider adoption of a "Resolution of the City Council of the City of Burlingame finding that there is no substantial evidence that the adoption of the 2015-2023 Housing Element Update as an amendment to the General Plan will have a significant effect on the environment under the California Environmental Quality Act (CEQA) pursuant to Article 6 of the CEQA Guidelines'; and 3. Consider adoption of a "Resolution of the City Council of the City of Burlingame adopting the 2015-2023 Housing Element Update as an Amendment to the General Plan". BACKGROUND By State mandate, each city and county in the Bay Area Region of California is required to plan for the housing needs for its share of the expected new households over the next eight years as well as for the housing needs of all economic segments of each jurisdiction's population. This planning is being done in Burlingame by updating the City's adopted 2009-2014 Housing Element of the General Plan. The Housing Element serves as a guiding document for new housing development, how the City allocates resources for new housing, and housing -related services during the period from 2015-2023. The draft Housing Element was reviewed in public hearings before both the Planning Commission and the City Council. At its August 18, 2014 meeting, the City Council directed staff to make specific changes to the document (refer to attached Council staff report dated August 18, 1 Negative Declaration and 2015-2023 Housing Element Update January 5, 2015 2014). The revised document including the requested changes was considered by the City Council on September 2, 2014 (refer to attached Council staff report dated September 2, 2014 for a summary of the changes). Following discussion, the Council authorized the Community if Development Department to submit the revised document to the State Department of Housing and Community Development (HCD) for review and certification. DISCUSSION The Draft Housing Element includes a Housing Inventory Sites list that demonstrates how the City could accommodate its Regional Housing Needs Allocation (RHNA) of 863 units, and contains policies and programs to encourage developers in the production of housing. The sites selected are concentrated in the Downtown Burlingame area near the Caltrain station and in the North Burlingame area, near the Millbrae Intermodal Station. Since the adoption of the most recent Housing Element and the Downtown Specific Plan, implementing zoning is now in place so that all of the identified potential housing sites can be accommodated within the existing zoning for these sites. It is important to note that Housing Element law only requires a community to provide residential zoning opportunities to accommodate its RHNA allocation. It does not require the City to approve or construct such housing. A housing development proposed for one of the sites on the Housing Inventory would be obligated to follow the same development review process and receive the same level of environmental review under the California Environmental Quality Act (CEQA) as any other residential development project. The advantage of adopting a compliant Housing Element is that the community can proactively identify locations suitable for accommodating its future housing needs, and furthermore be eligible for many State housing, transportation and infrastructure funding programs available to local governments that require a certified Housing Element as one of the eligibility criteria. The State's Sustainable Communities law (known as SB 375) to reduce greenhouse gases contains further incentives for cities to submit compliant Housing Elements by conditioning key transportation grants to compliant elements and by extending the housing cycle for cities with certified elements. On September 30, 2014, the Draft Housing Element was submitted to the State Department of Housing and Community Development (HCD) for review and determination that it complies with State Housing Element Law. HCD provided comments requesting changes to the draft Housing Element, and City staff submitted revisions to address these HCD comments. On November 25, 2014, HCD found that the Revised Draft Housing Element will comply with State Housing Element law when it is adopted and submitted to HCD for certification (refer to attached Revised Draft Housing Element dated November 25, 2014 and compliance letter from HCD dated November 25, 2014). The next step in the process is to hold a public hearing and consider adoption of the Housing Element update as an amendment to the General Plan. Once the Housing Element update is adopted, the final document will be submitted to HCD for certification. HCD Comments: As a part of the HCD review process, the Draft Housing Element has been modified to comply with State requirements based on comments received from HCD staff. The following is a summary of the changes made based on this review. 2 Negative Declaration and 2015-2023 Housing Element Update January 5, 2015 Homeless Shelters (Pape 51) — Added information about the availability of properties that could potentially accommodate a homeless shelter with the required performance criteria within the adopted zoning overlay in the RR zoned area, per the requirements of State law. • Development Fees (Pape 57) — Added a table that provides a breakdown of the entitlement fees for both single family and multiple family projects. • Public Facilities Impact Fees (Pape 59) — Added a statement that the City does not have a Quimby Act fee because the community is largely built out and there are limited opportunities to acquire lands for adding parkland. The Quimby Act authorizes cities to pass ordinances requiring that developers set aside land, donate conservation easements, or pay fees for park improvements. The City's Public Facilities Impact Fee for Parks and Recreation has been a source of funding for improvements to existing parks in the community. In addition, a statement was added that if a project includes open spacelrecreational amenities on site, a waiver of the Public Facilities Impact fee can be requested. Waivers would be based on a finding that the provision of these amenities would be available for the use of residents, and the project would not create an impact to existing parks. • Site Inventory (Pape 95) — Added a footnote that clarifies that low and very low income units are provided through unit density. There are no density limits in the R-4 or Downtown Specific Plan zoning districts. • Program H(8-1) - Public awareness of anti -discrimination laws and policies (Page 122) — Added a note that information about anti -discrimination laws will be posted at public locations, such as City Hall, the library and the recreation center. Program H(C-2) - Provide incentives for developers to include affordable units in new residential projects (Page 124) — Added information regarding the schedule for adoption of the Density Bonus Ordinance. • Secondary Dwelling Units (Page 128) — Clarified the existing provision to allow waiver of on-site parking for low and moderate income secondary dwelling unit renters, and recommended additional incentives for smaller units. Goal F: Achieve Increased Affordability of Housing (Page 131) — Added Policy H(F-9): Encourage the development of a variety of housing types that are atmrdable to very low and extremely low income households. Program H(F-5 — Second Unit Amnesty (Page 133) — Added information on the number of units approved. There have been ten units approved through the second unit amnesty program since its adoption in 2001. In addition, there have been three new units approved under the ordinance allowing new second units that was adopted in 2011. Program H(F-6) - To expand the stock of affordable housing (Page 133) — Added a statement that the City will issue a Request for Proposals (RFP) for redevelopment of City -owned parking lots with affordable housing within one year of Housing Element adoption (the RFP was since issued on December 4, 2014). 3 Negative Declaration and 2015-2023 Housing Element Update January 5, 2015 • Program H(F-10) — Housinq for Very Low Income Households (Pape 135 Added Program H(F-10) to identify ways to encourage development of housing for low and extremely low income households, such as smaller units, grant opportunities, joint development with non-profit developers, additional incentives, and prioritizing impact fees toward affordable housing. • Program H(F-11) — Anti -displacement Strategies (Pape 135) — Added Program H(F-11) to acknowledge the issue of tenant displacement and to investigate mitigations such as legislative barriers, and establish or modify strategies as appropriate. The study session scheduled for January 5, 2015 is directly related to this program. • Table VI -2: Quantified Summary of 2009 — 20142015-2023 Housing Element Work Program (Page 137) — Added objectives for rehabilitation and conservation of housing units through code enforcement, rehabilitation loans and second unit amnesty program. Comprehensive Airport Land Use Compatibility Plan (Pape 49): In addition to the changes made in response to comments from HCD, a paragraph was added to indicate that the City/County Association of Governments of San Mateo County (C/CAG) has found the 2015-2023 Housing Element consistent with the policies established in the Comprehensive Airport Land Use Compatibility Plan (November 2012). Policies that govern the safety of critical airways from obstructions beneath the calculated ascent and descent profiles are found under section 4.5.4 (Airspace Protection Policies) in the Plan. Proposed projects in Burlingame must be compliant with policies as established in the Plan, including: 1) notification and filing requirements (4.5.4, AP -1); 2) design recommendations from findings in FAA aeronautical studies (4.5.4, AP -2); 3) height restriction and filing requirements (4.5.4, AP -3); and 4) C/CAG review and project consistency with FAA regulations for land uses that may cause flight hazards (4.5.4, AP -4). Public Process: Broad-based community participation is essential to preparing an implementable and locally meaningful housing policy and action program. After compiling data on Burlingame's housing needs and demographics, the City held two community workshops to receive input from the community about Burlingame's housing needs and potential housing sites. Summaries of the two workshops are included in the Draft Housing Element document. The City also participated in the San Mateo County "21 Element" program, which included engagement with a range of area stakeholder groups including affordable housing advocates, special needs populations, and both affordable and market -rate housing developers. Environmental Review Status: An Initial Study was prepared for the Draft 2015-2023 Housing Element. Based upon the findings of the Initial Study, a Negative Declaration was prepared for consideration by the City Council. It has been determined that the proposed adoption of the Housing Element can be addressed by a Negative Declaration since the Initial Study did not identify any adverse environmental impacts resulting from the adoption of the Housing Element. The Negative Declaration was circulated for public review on December 3, 2014 for 30 days. The 30 -day review period ends on January 5, 2015. n Negative Declaration and 2015-2023 Housing Element Update January 5, 2015 Next Steps: Once the 2015-2023 Housing Element is adopted by the City Council, a copy will be forwarded to the State Department of Housing and Community Development for certification. This will bring Burlingame's Housing Element into compliance with State Housing Element Law. FISCAL IMPACT None. Prepared by: Kevin Gardiner Planning Manager Exhibits: • CEQA Resolution • Housing Element Update Resolution • Negative Declaration • Revised Draft 2015-2023 Housing Element dated November 25, 2014 • Letter from HCD dated November 25, 2014 • Council Staff Report dated September 2, 2014 • Council Staff Report dated August 18, 2014 • Notice of Public Hearing —Published in the San Mateo County Times on December 3, 2014 and mailed December 11, 2014 G RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME FINDING THAT THERE IS NO SUBSTANTIAL EVIDENCE THAT THE APPROVAL OF THE 2015-2023 HOUSING ELEMENT UPDATE WILL HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO ARTICLE 6 OF THE CEQA GUIDELINES THE CITY COUNCIL OF THE CITY OF BURLINGAME hereby finds as follows: Section 1. On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this Council, it is hereby found that there is no substantial evidence that the project set forth above will have a significant effect on the environment, and a Negative Declaration, per Negative Declaration ND -578-P, is hereby approved. Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the City Council held on the 5th day of January, 2015, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ADOPTING THE 2015-2023 HOUSING ELEMENT UPDATE AS AN AMENDMENT TO THE GENERAL PLAN RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT: WHEREAS, California Government Code Article 10.6 requires that the General Plan shall include a Housing Element consisting of standards and plans for the improvement of housing, for the provision of adequate sites for housing, and for regional housing needs; and requires that the Housing Element shall be updated every eight years; and WHEREAS, the 2015-2023 Housing Element update has been reviewed by the State Department of Housing and Community Development and on November 25, 2014, it has been found to be in compliance with State Housing Element law; and WHEREAS, the City Council conducted a public hearing on January 5, 2015; considered all information contained in the written and oral staff reports, the environmental assessment of the project, and all written and oral testimony received during the public hearing. Following the conclusion of the public hearing, the City Council moved to adopt the 2015-2023 Housing Element update as an amendment to the General Plan. NOW, THEREFORE, IT IS RESOLVED AND DETERMINED BY THE CITY COUNCIL THAT: Said 2015-2023 Housing Element Update, an amendment to the General Plan, dated November 25, 2014 is approved by the City Council. Findings for adoption of the 2015-2023 Housing Element update are set forth in the staff report, minutes, and recording of said meeti ng. Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the City Council held on the 5th day of January, 2015, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk 1 of 1 CITY OF BURLINGAME euwunGARE COMMUNITY DEVELOPMENT DEPARTMENT Planning Division City Hall — 501 Primrose Road PH (650) 558-7250 Burlingame. California 94010-3997 FAX: (650) 696-3790 NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION To: Interested Individuals From: City of Burlingame County Clerk of San Mateo Community Development Department Planning Division 501 Primrose Road Burlingame, CA 94010 Subject: Notice of Intent to Adopt a Negative Declaration (ND -578-P) For the 2015-2023 Burlingame Housing Element Update Project Location: City-wide — City of Burlingame, San Mateo County, California Project Description: The project consists of the update of the City of Burlingame's Housing Element, a mandated element of the General Plan. The document includes programs and policies which address the housing needs of the community. New policies and programs in the updated Housing Element include recommendations for the creation of incentives to encourage development of a variety of housing types, allowing fee waivers for affordable rehabilitation, and consideration of residential and commercial in -lieu fees to contribute towards the supply of low- and moderate -income housing. Any future changes in regulations, zoning changes and development of housing will be subject to environmental review per the requirements of the California Environmental Quality Act, and subject to public review and hearings prior to implementation. The specific recommendations for implementation of the goals and policies are outlined in the Draft Housing Element. There are no major changes proposed to the goals and policies of the current 2009-2014 Housing Element, and no changes to any land use or zoning designations. The City of Burlingame is a mature community with very little vacant land available for development. Most of the sites selected for housing are infill sites which are now underdeveloped and could be redeveloped at higher densities under existing zoning regulations. Three areas of the City are specifically identified for development opportunities: Downtown Burlingame, North Burlingame, and sites along Carolan Avenue. Since the Housing Element update is an amendment to the General Plan, the analysis of environmental impacts is being done on a broad scale. All of the programs and policies can be implemented through the zoning code now in place. Analysis of the housing element update will assume development will occur under the existing code as well as the recommended code revisions, which will likely occur within the first year of implementation. In accordance with Section 15072(a) of the California Environmental Quality Act (CEQA) Guidelines, notice is hereby given of the City's intent to adopt a Negative Declaration for the project listed above. A negative declaration is prepared for a project when the initial study has identified no potentially significant effect on the environment, and there is no substantial evidence in the light of the whole record before the public agency that the project may have a significant effect on the environment. The City of Burlingame has completed a review of the proposed project, and on the basis of an Initial Study, finds that the project will not have a significant effect upon the environment. The City has prepared a Negative Declaration and Initial Study that are available for public review at City Hall, 501 Primr^se Read, Burlingame, California, 94010. As mandated by State Law, the minimum comment period for this document is 30 (thirty) days and begins on December 3, 2014. Comments may be submitted during the review period and up to the end of the 30 -day review on January 5, 2015. Persons having comments concerning this project, including objections to the basis of determination set forth in the Initial Study/Negative Declaration, are invited to furnish their comments summarizing the specific and factual basis for their comments, in writing to: William Meeker, Community Development Director, City of Burlingame Community Development Department, Planning Division, 501 Primrose Road, Burlingame, CA 94010-3997, Fax: (650) 696-3790; Email: wmeeker(@burlingame.org. Pursuant to Public Resources Code Section 21177, any legal challenge to the adoption of the proposed Initial Study/Negative Declaration will be limited to those issues presented to the City during the public comment period described above. Public Hearing: The City of Burlingame City Council will hold a public hearing to consider adoption of the proposed 2015-2022 Housing Element Update and the Negative Declaration for this project on Monday, January 5, 2015 at 7:00 p.m. in the Council Chambers, Burlingame City Hall, 501 Primrose Road, Burlingame CA 94010. Published and Posted: December 3, 2014 2015-2023 HOUSING ELEMENT UPDATE INITIAL STUDY AND ENVIRONMENTAL CHECKLIST FORM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) 1. Project Title: 2015-2023 Housing Element Update — General Plan Amendment to Update the Housing Element 2. Lead Agency Name and Address: City of Burlingame 501 Primrose Road Burlingame, CA 94010 3. Contact Person and Phone Number: Kevin Gardiner, Planning Manager Telephone: (650) 558-7250 E -Mail: kgardiner@burlingame.org 4. Project Location: The 2015-2023 Housing Element is a Planning document that provides guidance for new housing development throughout the City of Burlingame. Burlingame is located in central San Mateo County, as shown on Figure 1.1-1, Regional Map. It is bordered by the City of Millbrae to the north, the Town of Hillsborough and Freeway 280 to the west, the City of San Mateo to the south, and San Francisco Bay to the east, as shown on Figure 1.1-2, Vicinity Map. 5. Project Sponsors Name and Address: City of Burlingame Community Development Department 501 Primrose Road Burlingame, CA 94010 7, General Plan Designation: Within the City of Burlingame adopted General Plan, including the adopted Specific Plans, there are a variety of Residential and Mixed Use land use designations that allow residential uses at a variety of densities. The 2015-2023 Housing Element will update the General Plan as a required Element as outlined in State law. It is intended to provide an evaluation of the existing and projected housing needs of the community, provide an inventory of sites available for development to meet the City's share of the regional housing needs, and update the ecals and policies to address the housing needs and remove or reduce constraints to the production and maintenance of housing. S. Zoning: There are a variety of residential and mixed-use zoning districts within the City of Burlingame that provide opportunities for development of housing projects at a variety of densities. A detailed description of the zoning and an inventory of sites available for housing development are contained in Chapter V. of the Housing Element, Community Resources and Opportunities. 2015-2023 Housing Element Update Initial Study City of Burlingame 9. Description of Project: The project consists of the update of the City of Burlingame's Housing Element, a mandated element of ` the General Plan. The document includes programs and policies which address the housing needs of the jl community. New policies and programs in the updated Housing Element include recommendations for changes in the land use regulations pertainingto residential development neartransit stations and along transit corridors, the creation of incentives to encourage development of a variety of housing types, allowing fee waivers for affordable rehabilitation, and consideration of residential and commercial in - lieu fees to contribute towards the supply of low- and moderate -income housing. Any future changes in regulations and development of housing will be subject to environmental review per the requirements of the California Environmental Quality Act, and subject to public review and hearings prior to implementation. None of the housing sites identified in the updated Housing Element would require rezoning to allow the proposed residential uses. The specific recommendations for implementation of the goals and policies are outlined in the Draft Housing Element. There are no major changes proposed to the goals and policies of the current 2009- 2014 Housing Element. The City of Burlingame is a mature community with very little vacant land available for development. Most of the sites selected for housing are infill sites which are currently underdeveloped and could be redeveloped at higher densities. Three areas of the City are specifically identified for development opportunities: Downtown Burlingame, North Burlingame, and sites along Carolan Avenue. Since the Housing Element update is an amendment to the General Plan, the analysis of environmental impacts is being done on a broad scale. Many of the programs and policies can be implemented through the zoning code now in place. Analysis of the housing element update will assume development will occur under the existing code as well as the recommended code revisions, which will likely occur within the first year of implementation. 2015-2023 Housing Element Update Initial Study City of Burlingame ii TABLE OF CONTENTS Contents SECTION 1 INTRODUCTION AND PURPOSE....................................................................................1 Figure 1.1-2: SECTION 2 PROJECT DESCRIPTION..................................................................................................4 Potential Housing Sites.. SECTION 3 ENVIRONMENTAL CHECKLISTAND DISCUSSION OF IMPACTS.....................................6 3.1 AESTHETICS.......................................................................................................6 3.2 AGRICULTURAL RESOURCES.............................................................................8 3.3 AIR QUALITY.....................................................................................................9 3.4 BIOLOGICAL RESOURCES................................................................................12 3.5 CULTURAL RESOURCES...................................................................................15 3.6 GEOLOGY AND SOILS......................................................................................16 3.7 GREENHOUSE GAS EMISSIONS.......................................................................21 3.8 HAZARDS AND HAZARDOUS MATERIALS.......................................................24 3.9 HYDROLOGY AND WATER QUALITY...............................................................27 3.10 LAND USE........................................................................................................31 3.11 MINERAL RESOURCES.....................................................................................34 3.12 NOISE..............................................................................................................35 3.13 POPULATION AND HOUSING..........................................................................39 3.14 PUBLIC SERVICES............................................................................................40 3.15 RECREATION...................................................................................................42 3.16 TRANSPORTATION..........................................................................................43 3.17 UTILITIES AND SERVICE SYSTEMS...................................................................45 3.18 MANDATORY FINDINGS OF SIGNIFICANCE....................................................47 SECTION 6 AUTHORS.....................................................................................................................SO FIGURES Figure 1.1-1: Regional Map ................. Figure 1.1-2: Vicinity Map ................... Figure 1.1-3: Potential Housing Sites.. 2015-2023 Housing Element Update City of Burlingame ................................................................................. 2 ................................................................................. 3 ................................................................................. 4 Initial Study SECTION 1 INTRODUCTION AND PURPOSE This Initial Study of environmental impacts is being prepared to conform to the requirements of the California Environmental Quality Act (CEQA), the CEQA Guidelines (California Code of Regulations 15000 et. seq.), and the regulations and policies of the City of Burlingame. By State mandate, each city and county in California is required to plan for the housing needs for its share of the expected new households over the next eight years, as well as for the housing needs of all economic segments of each jurisdiction's population. This planning is being done in Burlingame by updating the City's adopted 2009- 2014 Housing Element of the General Plan. The Housing Element serves as a guiding document for new housing development, how the City allocates resources for new housing, and housing related services during the period from 2015 through 2023. This Initial Study evaluates the potential environmental impacts which might reasonably be anticipated to result from planning for the potential development of 863 new housing units in various locations throughout the City. The City of Burlingame is the Lead Agency under CEQA and has prepared this Initial Study to address the impacts of updating the Housing Element of the General Plan. 2015-2023 Housing Element Update 1 Initial Study City of Burlingame f Figure 1.1-1: Regional Map 2015-2023 Housing Element Update 2 Initial Study City of Burlingame Figure 1.1-2: Vicinity Map T N E M C) LSJ 4— Q Y A 0 m `o m 3� U � Z 110 2015-2023 Housing Element Update 3 Initial Study City of Burlingame Figure 1.1-3: Potential Housing Sites Map 2015-2023 Housing Element Update 4 Initial Study City of Burlingame C O i y Le N W+ jF. p N N I U O a C f� 2015-2023 Housing Element Update 4 Initial Study City of Burlingame C O i y Le N W+ p N U ?_+ a C 'D a'i tf'a ! m Q O m ° CL Y 0 o w CDT c O O N N L6 L O N N N 2015-2023 Housing Element Update 4 Initial Study City of Burlingame SECTION 2 PROJECT DESCRIPTION 2.1 Project Description The project consists of the update of the City of Burlingame's Housing Element, a mandated element of the General Plan. The document includes programs and policies which address the housing needs of the community. New policies and programs in the updated Housing Element include recommendations for the creation of incentives to encourage development of a variety of housing types, allowing fee waivers for affordable rehabilitation, and consideration of residential and commercial in -lieu fees to contribute towards the supply of low- and moderate -income housing. Any future changes in regulations and development of housing will be subject to environmental review per the requirements of the California Environmental Quality Act, and subject to public review and hearings prior to implementation. None of the housing sites identified in the updated Housing Element would require rezoning to allow the proposed residential uses. The specific recommendations for implementation of the goals and policies are outlined in the Draft Housing Element. There are no major changes proposed to the goals and policies of the current 2009-2014 Housing Element. f The City of Burlingame is a mature community with very little vacant land available for development. Most of the sites selected for housing are infill sites which are currently underdeveloped and could be redeveloped at higher densities and would be reused. Three areas of the City are specifically identified for development opportunities. These sites include Downtown Burlingame, North Burlingame, and sites along Carolan Avenue. Since the Housing Element update is an amendment to the General Plan, the analysis of environmental impacts is being done on a broad scale. Many of the programs and policies can be implemented through the zoning code now in place. Analysis of the housing element update will ` assume development will occur under the existing code as well as the recommended code revisions, 1` which will likely occur within the first year of implementation. 2.1.1 Surrounding land Uses and Setting The Housing Element update involves the entire City of Burlingame, a community with a population of 28,806 located about 16 miles south of San Francisco in San Mateo County. The City is bordered by the City of Millbrae to the north, the Town of Hillsborough to the west, the City of San Mateo to the south, and the San Francisco Bay to the east. A major freeway, U.S. 101, and a State Highway, S.R. 82 (EI Camino Real) run north/south through the City of Burlingame. Interstate 280 runs along the western border of the City. The topography of Burlingame ranges from steep hillsides on the western side of the City to relatively flat parcels to the east. The City of Burlingame encompasses an area of approximately 6.1 square miles, of which 1.7 square miles are under the waters of San Francisco Bay. Several creeks traverse the City, and geologic constraints are not uncommon in the hillside areas. Time San Andreas Fault is located west of Burlingame, running along San Andreas Lake and Crystal Springs reservoir, less than %2 mile from Burlingame's boundary along Skyline Boulevard. 2.1.2 Other Public Agencies Approvals Required • The California State Department of Housing and Community Development (HCD) • City/County Association of Governments (as Airport Land Use Commission for San Mateo County) 2015-2023 Housing Element Update 5 Initial Study City of Burlingame SECTION 3 ENVIRONMENTAL CHECKLIST AND DISCUSSION OF IMPACTS This section describes the existing environmental conditions on and near the project area, as well as environmental impacts associated with the proposed project. The environmental checklist as recommended in the California Environmental Quality Act (CEQA) Guidelines, identifies environmental impacts that could occur if the proposed project is implemented. The right-hand column in the checklist lists the source(s) for the answer to each question. The sources cited are identified at the end of this section. Mitigation measures are identified for all significant project impacts. Measures that are standard and required by the City or law are categorized as `Standard Measures." Measures that are required to reduce significant impacts to a less than significant level are categorized as "Mitigation Measures." 3.1 AESTHETICS 3.1.1 Setting As shown on the potential housing sites maps, the potential development sites are within the fully developed area of Burlingame. Three areas of the City are specifically identified for development - opportunities. These sites include Downtown Burlingame, North Burlingame, and sites along Carolan Avenue. Visually, in all of the areas the potential sites are surrounded by predominantly similar residential uses or commercial uses. In the North Burlingame Area, underutilized sites face the Caltrain railroad tracks and are bordered by commercial uses. The Carolan Avenue opportunity sites face the railroad tracks and US Highway 101, and are bordered by residential uses. The potential project sites are not located near a scenic highway or scenic vista. 3.1.2 Environmental Checklist and Discussion of Impacts AESTHETICS Less Than Potentially Significant Less Than No Information Significant With Significant Impact Source(s) Impact Mitigation Impact Incorporated Would the project: 1) Have a substantial adverse effect ❑ ❑ ® ❑ 1,2 on a scenic vista? 2) Substantially damage scenic ❑ ❑ ® ❑ 1,2 resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 2015-2023 Housing Element Update 6 Initial Study City of Burlingame AESTHETICS Less Than Potentially Significant Less Than No Information Significant With Significant Impact Source(s) Impact Mitigation Impact Incorporated Would the project: 3) Substantially degrade the ❑ ❑ ® ❑ 1 existing visual character or quality of the site and its surroundings? 4) Create a new source of substantial ❑ ❑ ® ❑ 1 light or glare which would adversely affect day or nighttime views in the area? The adoption of the Housing Element update will have no impact on aesthetics. Any future housing development will be required to comply with the zoning code requirements and applicable design guidelines regulating mass, bulk height, and design of buildings, and therefore would be compatible with the areas in which they would be developed. 3.1.3 Conclusion The proposed project would not result in significant, adverse visual or aesthetic impacts. [Less Than Significant Impact] 2015-2023 Housing Element Update 7 Initial Study City of Burlingame f 3.2 AGRICULTURAL RESOURCES 3.2.1 Setting According to the City of Burlingame General Plan Land Use Map, there is no agricultural land in Burlingame. The California Department of Conversation, San Mateo County Important Farmland 2010 Map categorizes land within Burlingame as primarily Urban and Built -Up Land. Specifically, the proposed housing sites are currently in an urban setting. 3.2.2 Environmental Checklist and Discussion of Impacts AGRICULTURAL RESOURCES Potentially Less Than Less Than Information Significant Significant With Significant No Impact Mitigation Impact Impact Source(s) Incorporated Would the project: 1) Convert Prime Farmland, Unique ❑ ❑ ❑ ® 1,2,10 Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? 2) Conflict with existing zoning for ❑ ❑ ❑ ® 1,2,3 agricultural use, or a Williamson Act contract? 3) Involve other changes in the ❑ ❑ ❑ ® 1,2 existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? None of the potential housing sites are located in a "Prime Farmland", "Unique Farmland", or "Farmland of Statewide Importance" area, as shown on the maps prepared for the Farmland Mapping and Monitoring Program of the California Resources Agencies. The sites are not designated for agricultural uses by the Burlingame Genera! Plan, nor are they zoned for agricultural use or regulated by the Williamson Act. The potential housing sites are not currently used for agricultural purposes, and are located within a fully developed urban area and have no impacts on forest or timberland. For these reasons, a proposed project would not result in a significant impact on agricultural resources. 3.2.3 Conclusion A proposed project on identified Housing Inventory Sites would not result in impacts to agricultural resources. [No Impact] 2015-2023 Housing Element Update 8 Initial Study City of Burlingame 3.3 AIR QUALITY 3.3.1 Setting 3.3.1.1 Local and Regional Air Quality Air quality and the amount of a given pollutant in the atmosphere are determined by the amount of pollutant released and the atmosphere's ability to transport and dilute the pollutant. The major determination of transport and dilution are wind, atmospheric stability, terrain, and for photochemical pollutants, sun light. The potential project sites are within the San Francisco Bay Area Air Basin. The Bay Area Air Quality Management District (BAAQMD) has the primary responsibility for ensuring that the San Francisco Bay Area Basin attains and maintains compliance with federal and state ambient air quality standards. This regional agency regulates air quality through its permit authority over most types of stationary emission sources and through its planning and review process. Both the U.S. Environmental Protection Agency and the California Air Resources Board have established ambient air quality standards for common pollutants. These ambient air quality standards are levels of contaminants which represent safe levels that avoid specific adverse health effects associated with each pollutant. The ambient air quality standards cover what are called "criteria" pollutants because the health and other effects of each pollutant are described in criteria documents. The major criteria pollutants are ozone, carbon monoxide, nitrogen dioxide (NOx) sulfur dioxide, and particulate matter. The Bay Area 2010 Clean Air Plan is the current control strategy to reduce ozone, particulate matter (PM), air toxins, and greenhouse gases (GHGs) for the City of Burlingame. The 2010 Clean Air Plan was based on the ABAG population and employment projections for the San Francisco Bay area, including growth that would be accommodated under each City's General Plan. The BAAQMD monitors air quality at several locations in the San Francisco Bay Air Basin. Historically, problematic criteria pollutants in urbanized areas include ozone, particulate matter, and carbon monoxide. Combustion of fuels and motor vehicle emissions are a major source of each of these three criteria pollutants. Burlingame is within the San Francisco Bay Area Air Ozone non -attainment area as delineated by the U.S. EPA. As noted below, the development of potential housing sites would not result in a significant increase in emissions of particulate matter or ozone precursors during operation. Because construction activities require permits from the BAAQMD and Burlingame to regulate emissions, construction emissions would also not result in significant emissions of particulate matter or ozone precursors. Therefore, the proposed project would not conflict with or obstruct implementation of the BAAQMD's air quality plans to -b ing the Air Basin into attainment for particulate matter and ozone, resulting in a less -than - significant impact. Sensitive Receptors BAAQMD defines sensitive receptors as facilities where sensitive receptor population groups (children, the elderly, the acutely ill and the chronically ill) are likely to be located. These land uses include residences, school playgrounds, childcare centers, retirement homes, convalescent homes, hospitals and medical clinics. The Mills -Peninsula Hospital is in close proximity to one of the potential project areas. 2015-2023 Housing Element Update 9 Initial Study City of Burlingame 3.3.2 Environmental Checklist and Discussion of Impacts AIR QUALITY Less Than Potentially Significant Less Than Significant With Significant No Information Impact Mitigation Impact Impact Source(s) Incorporated Would the project: 1) Conflict with or obstruct ❑ ❑ ® ❑ 1,4 implementation of the applicable air quality plan? 2) Violate any air quality standard or ❑ ❑ ® ❑ 1,4 contribute substantially to an existing or projected air quality violation? 3) Result in a cumulatively ❑ ❑ ® ❑ 1,4 considerable net increase of any criteria pollutant for which the project region is classified as non -attainment under an applicable federal or state ambient air quality standard including releasing emissions which exceed quantitative thresholds for ozone precursors? 4) Expose sensitive receptors to ❑ ❑ ® ❑ 1,4 substantial pollutant concentrations? 5) Create objectionable odors ❑ ❑ ® ❑ 1 affecting a substantial number of people? 2015-2023 Housing Element Update 10 Initial Study City of Burlingame 3.3.2.1 Long Term Air Quality Impacts ` BAAQMD has established thresholds for what would be considered a significant addition to existing air /l pollution. According to the BAAQMD CEQA guidelines, a project that generates more than 80 pounds per day of ozone precursors (i.e., reactive organic gases (ROG) and nitrogen oxides) is considered to have a potentially significant impact on regional air quality. On an annual basis, the threshold is 15 tons per year. The potential operational air quality impacts of future residential projects would be associated with motor vehicle trips generated by the proposed development. Since most of the identified Housing Inventory Sites would be redeveloped, the increase in the number of vehicle trips is not expected to be significant. Any minor increase in vehicle trips generated would only marginally increase daily emissions of ozone precursors and PM10 and would be well below BAAQMD established thresholds for consideration of a significant impact. Consequently, the project would not affect air quality in the region or conflict with or obstruct implementation of the applicable Air Quality Attainment Plans. Any stationary sources on site would be subject to the BAAQMD Rules and Regulations. Compliance with BAAQMD Rules and Regulations would ensure that the project would not conflict with or obstruct implementation of the applicable air quality plans. 3.3.2.2 Short -Term Air Quality Impacts Construction -related air quality impacts associated from a proposed project would be the result of dust creating activities, exhaust emissions of construction equipment and the use of typical construction materials such as asphalt and other construction materials that tend to volatilize into the atmosphere. Due to the negligible amount and short duration of these impacts, all are considered to be less than significant, except forthe activities generating dust. Construction activities such as excavation and grading operations and construction vehicles driving over and wind blowing over exposed earth, generate fugitive particulate matter that will affect local and regional air quality. The effects of these dust generating activities will be increased dustfall and locally elevated levels of PM,, downwind of construction activity. Construction dust also has the potential for creating a nuisance at nearby properties.' If uncontrolled, dust generated by construction activities could be a significant impact. Any future project's construction -related activities will be required to comply with BAAQMD and Burlingame regulations, which include implementation of all feasible dust control measures. Compliance with these regulations will reduce construction impacts to a level that is less than significant. 3.3.3 Conclusion Increased density can result in increased traffic and consequent impacts on air quality. However, the areas proposed for residential development are in already d&ieloped urban areas, so the new uses would be replacing uses that already generate traffic. In addition, the Housing Inventory Sites are all within one-half mile of major transit hubs (Caltrain or BART) or along a transit corridor. It is expected that the increase in density will be offset both by the fact that the new residential uses would replace existing uses and by the increased use of transit, thus reducing any potential impact on air quality. Future development resulting from implementation of the housing element would not result in significant long-term regional or local air quality impacts. [Less Than Significant Impact] ' The word nuisance is used in this Initial Study to mean "annoying, unpleasant or obnoxious" and not in its legal sense. 2015-2023 Housing Element Update 11 Initial Study City of Burlingame 3.4 BIOLOGICAL RESOURCES 3.4.1.1 Existing Habitat Special status plants include those listed as "Endangered," "Threatened," or "Candidate for Listing' by the California Department of Fish and Wildlife (CDFW) or the U.S. Fish and Wildlife Service (USFWS), that are included in the California Rare Plant Rank, or that are considered special -status in local or regional plans, policies, or regulations. Special status animals include those listed as "Endangered," "Threatened," or "Candidate for Listing' by the CDFW or the USFWS, that are designated as "Watch List," "Species of Special Concern," or "Fully Protected" by the CDFW, or that are considered "Birds of Conservation Concern" by the USFWS. According to the California Natural Diversity Database (CNDDB), there are occurrences of plant and animal species with special -status within the city limits. However, the areas of Burlingame identified for potential housing development are located within a fully developed urban community with very little native plant and animal life, and there is no record of any rare, unique or endangered species of plants or animals in these specified areas. Any future projects would be evaluated to determine the presence of any special -status plant and animal species within or adjacent to a specific development site. Compliance with federal and State laws, including the Migratory Bird Treaty Act, Clean Water Act, Federal and California Endangered Species Acts, and California Native Plant Protection Act would ensure that any impacts to special -status species associated with potential future development would be less than significant. There is no farmland in Burlingame. Because the areas identified as Housing Inventory Sites have already been disturbed through urban development, no significant changes are anticipated in the diversity or number of species of plants or animals, or in the deterioration of existing wild life habitat. The potential development sites are surrounded by office, commercial and residential development with limited cover and foraging habitat for wildlife. No Habitat Conservation Plans, Natural Community Conservation Plans, or other local, regional, or state habitat conservation plans apply to the potential housing sites. 3.4.1.2 Trees and Impacts to Mature Trees Any trees present on potential development sites would be evaluated on a case by case basis at the time of development. A tree removal permit is required for removal of protected size trees, as outlined in Chapter 11.06 of the Burlingame Municipal Code, Urban Reforestation and Tree Protection. 2015-2023 Housing Element Update 12 Initial Study City of Burlingame 3.4.2 Environmental Checklist and Discussion of Impacts BIOLOGICAL RESOURCES Less Than Potentially Significant Less Than No Information Significant With Significant Impact Source(s) Impact Mitigation Impact Incorporated Would the project: 1) Have a substantial adverse effect, ❑ ❑ ® ❑ 1,2,5 either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 2) Have a substantial adverse effect ❑ ❑ ® ❑ 1,2 on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 3) Have a substantial adverse ❑ ❑ ❑ ® 1,2 effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 4) Interfere substantially with the ❑ ❑ ® ❑ 1,2,5 movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, impede the use of native wildlife nursery sites? 5) Conflict with any local policies or ❑ ❑ ® ❑ 1,2 ordinances protecting biological resources, such as a tree preservation policy or ordinance? 2015-2023 Housing Element Update 13 Initial Study City of Burlingame BIOLOGICAL RESOURCES Less Than Potentially Significant Less Than No Information Significant With Significant Impact Source(s) Impact Mitigation Impact Incorporated Would the project: 6) Conflict with any applicable ❑ ❑ ® ❑ 1,2 Habitat Conservation Plan, or other approved local, regional, or state habitat conservation plan? 3.4.3 Conclusion Future development resulting from implementation of the Housing Element would not result in any biological impacts. [Less Than Significant Impact] 2015-2023 Housing Element Update 14 Initial Study City of Burlingame 3.5 CULTURAL RESOURCES 3.5.1 Setting The types of cultural resources that meet the definition of historical resources under CEQA generally consist of districts, sites, buildings, structures, and objects that are significant for their traditional, cultural, and/or historical associations. Commonly, the two main resource types that are subject to impact, and that may be impacted by potential future development, are historical archaeological deposits and historical architectural resources, as discussed below. Cultural resources are protected by federal and State regulations and standards, including, but not limited to, the National Historic Preservation Act, the California Public Resources Code, and CEQA. If the potential future development underthe proposed Project or adjacent properties are found to be eligible for listing on the California Register, the development would be required to conform to the current Secretary of the Interior's Standards for Treatment of Historic Properties with Guidelines for Preserving; Rehabilitating, and Restoring Historic Buildings, which require the preservation of character defining features which convey a building's historical significance, and offers guidance about appropriate and compatible alterations to such structures. Historical and pre -contact archaeological deposits that meet the definition of historical resources under CEQA could be damaged or destroyed by ground -disturbing activities associated with potential future development. Should this occur, the ability of the deposits to convey their significance, either as containing information important in prehistory or history, or as possessing traditional or cultural significance to Native American or other descendant communities, would be materially impaired. Since any sites proposed for development have already been disturbed, it is not expected that future projects would have an impact on prehistoric or historic archeological resources. 3.5.1.1 Prehistoric and Historic Resources There is no evidence of recorded historic and/or prehistoric archaeological resources inside or immediately adjacent to the areas identified for potential housing sites. 3.5.2 Environmental Checklist and Discussion of Impacts CULTURAL RESOURCES Less Than Potentially Significant Less Than No Information Significant With Significant Impact Source(s) Impact Mitigation Impact Incorporated Would the project: 1) Cause a substantial adverse ❑ ❑ ® ❑ 1 change in the significance of an historical resource as defined in §15064.5? 2015-2023 Housing Element Update 15 Initial Study City of Burlingame 2) Cause a substantial adverse ❑ N ❑ ❑ 1 change in the significance of an archaeological resource as defined in §15064.5? 3) Directly or indirectly destroy a ❑ ❑ ® ❑ 1 unique paleontological resource or site, or unique geologic feature? 4) Disturb any human remains, ❑ ® ❑ ❑ 1 including those interred outside of formal cemeteries? 3.5.2.1 Buried Prehistoric and Historic Resources Based on relevant archaeological reports for the immediate area, adoption of the updated Housing Element and any future housing development should have no effect on archaeological resources. Although it is unlikely that buried cultural materials would be encountered, standard conditions for excavation activities would be applied to a potential project as described below. As required by County ordinance, any future project will incorporate the following guidelines. Pursuant to Section 7050.5 of the Health and Safety Code, and Section 5097.94 of the Public Resources Code of the State of California, for all future projects, if during grading and construction activities, any archaeological or human remains are encountered, construction shall cease and a qualified archaeologist shall visit the site and address the find. The San Mateo County Coroner shall be notified to provide proper direction on how to proceed. If the Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission who shall attempt to identify descendants of the deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to this State law, then the land owner shall re -inter the human remains and items associated with Native American burials on the property in a location not subject to further subsurface disturbance. 3.5.3 Conclusion Since any sites proposed for development have already been disturbed, it is not expected that future projects would have an impact on prehistoric or historic archeological resources. In addition, the protocol established in State law will be followed for any future residential development projects. The proposed project would not result in significant impacts to cultural resources. [Less Than Significant Impact] 2015-2023 Housing Element Update 16 Initial Study City of Burlingame 3.6 GEOLOGY AND SOILS 3.6.1 Setting 3.6.1.1 On -Site Geologic Conditions Seismicity The San Francisco Bay Area is one of the most seismically active regions in the United States. Natural seismic hazards exist in Burlingame because of the City's proximity to two major active earthquake faults: the San Andreas Fault running north to south through the hills to the west; and the Hayward Fault, fifteen miles to the east. Earthquakes cause damage, but the risks of loss of life and property can be reduced with a willingness to require high standards of new construction and a careful review of older buildings, existing hazards and emergency action procedures. San Andreas Fault is one of the more active in California and stretches for 650 miles north -to -south. Its position just west of Burlingame avoids the hazard of surface rupture within the city, but threatens major ground shaking and ground failure in the future. Hayward Fault lies about fifteen miles to the east of Burlingame at the base of the East Bay hills. Historically, this fault has produced the most moderate-sized earthquakes in the Bay Area and future earthquakes could be sharply felt in Burlingame. Serra Fault is a minor thrust fault that runs from Millbrae through Burlingame, passing under the western end of Mariposa Drive. Considered to have common roots with the San Andreas Fault, it is assumed to be potentially active and poses future problems of surface rupture and damage to any structure built over its path. Little risk to life is anticipated. The major cause of damage during an earthquake is ground shaking, with frequency and amplitude of motion dependent on local geologic conditions. Sites on bedrock tend to have sharp, high frequency jolts with little amplitude, while sites on deep alluvium receive lower frequency shocks but suffer movement with high amplitude. Regional studies have suggested that the response of certain soils such as baymuds to earthquakes will also vary according to the depth of soil and the magnitude of the quake. Thus,. ground accelerations of smaller quakes are magnified as much as three times over the underlying bedrock, whereas ground accelerations of a large quake (7.5 or more on the Richter scale) would be reduced to a value below that of the underlying bedrock. Burlingame's industrial area and waterfront commercial district are on fill over baymud and may be subject to both unequal settlement and increased accelerations from most local earthquakes. The additional potential for damage from liquefaction and sliding is also present for those buildings with inadequate foundations. There is no housing proposed in these areas. Landslides Many of the natural factors that promote landsliding, such as steep slopes, poorly consolidated bedrock, and occasional heavy rainfall, are present in Burlingame's western hills. Some recent land developments may have increased the natural hazards; adding structures and fill to marginally stable slopes, removing 2015-2023 Housing Element Update 17 Initial Study City of Burlingame natural vegetation, improperly handling rainwater runoff or simply watering lawns on unstable slopes will increase the danger of a landslide. In general, where slopes are steepened ortheir moisture content increased, a higher landslide potential is created. An area with a history of landsliding should be of special concern, as most landslide activity seems to recur within or adjacent to such areas. None of the potential housing sites are within Burlingame's western hills. Liquefaction Soil liquefaction is a condition where saturated granular soils near the ground surface undergo a substantial loss of strength during seismic events. Loose, water -saturated soils are transformed from a solid to a liquid state during ground shaking. Liquefaction can result in significant deformations. Soils most susceptible to liquefaction are loose, uniformly graded, saturated, fine-grained sands that lie close to the ground surface. Under seismic conditions most Burlingame soils are reasonably stable. Exceptions include the Baylands and the limited areas of the hills where unstable slopes and possible surface rupture from the Serra Fault make local hazardous conditions. Incomplete information makes it difficult to establish the extent of the possible hazard on the alluvium plains and baylands from liquefaction, where a loss of strength suddenly occurs because of excess pore pressure under seismic shock conditions: this hazard is limited to alluvial soils underlain by lenses of water -bearing sands and gravels. None of the proposed housing sites are within either the Baylands area or in the west Burlingame hills. Lateral Spreading Lateral spreading is a type of ground failure related to liquefaction. It consists of the horizontal displacement of flat -lying alluvial material toward an open area, such as a steep bank of a stream channel. There are no stream channels on or adjacent to the potential housing sites that would be subject to substantial lateral spreading. 2015-2023 Housing Element Update 18 Initial Study City of Burlingame 3.6.2 Environmental Checklist and Discussion of Impacts GEOLOGY AND SOILS Less Than Potentially Significant Less Than No Information Significant With Significant Impact Source(s) Impact Mitigation Impact Incorporated Would the project: 1) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: a) Rupture of a known earthquake ❑ ❑ ® ❑ 1,5 fault, as described on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) b) Strong seismic ground shaking? ❑ ❑ ® ❑ 1,5 c) Seismic -related ground failure, ❑ ❑ ® ❑ 1,5 including liquefaction? d) Landslides? ❑ ❑ ❑ ® 1 2) Result in substantial soil erosion or ❑ ❑ ® ❑ 1,5 the loss of topsoil? 3) Be located on a geologic unit or ❑ ❑ ® ❑ 1,5 soil that is unstable, or that will become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? 4) Be located on expansive soil, as ❑ ❑ ® ❑ 1,5 defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? 5) Have soils incapable of adequately ❑ ❑ ❑ ® 1,5 supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? 2015-2023 Housing Element Update 19 Initial Study City of Burlingame The potential housing sites are located in a mapped liquefaction hazard zone, and soils in the area have a moderate potential for expansion. These sites are not located within a fault rupture zone or landslide hazard zone. The project area is located in a seismically active region Proposed development will be required to submit geologic reports, where necessary, and construct buildings pursuant to the California Building Code. 3.6.3 Conclusion Some areas of the City of Burlingame are impacted by geological constraints such as expansive soils and susceptibility to ground shaking. However, the areas proposed for new housing in the Housing Element update are primarily areas which are on level land and have previously been subdivided and developed with urban uses, and are not located on Bay fill. Any new construction will be required to comply with the California Building Code and meet any geological and earthquake standards of the current code. [Less Than Significant Impact] 2015-2023 Housing Element Update 20 Initial Study City of Burlingame 3.7 GREENHOUSE GAS EMISSIONS 3.7.1 Setting 3.7.1.1 Background Information In 2006, California adopted Assembly Bill 32 (AB 32), the Global Warming Solutions Act of 2006. AB 32 established a statewide GHG emissions reduction goal to reduce statewide GHG emissions levels to 1990 levels by 2020. Assembly Bill 32 established a legislative short-term (2020) mandate for State agencies in order to set the State on a path toward achieving the long-term GHG reduction goal of Executive Order S-03-05 to stabilize carbon dioxide (CO2) emissions by 2050. The City of Burlingame adopted a 2009 Climate Action Plan to ensure consistency with statewide efforts to reduce GHG emissions under AB 32 in 2009. The San Francisco Bay Area Air Basin (SFBAAB) is currently designated as a nonattainment area for state and national ozone standards and national particulate matter ambient air quality standards. SFBAAB's nonattainment status is attributed to the region's development history. Past, present and future development projects contribute to the region's adverse air quality impacts on a cumulative basis. By its very nature, air pollution is largely a cumulative impact. No single project is sufficient in size to, by itself, result in nonattainment of ambient air quality standards. Instead, a project's individual emissions contribute to existing cumulatively significant adverse air quality impacts. If a project's contribution to the cumulative impact is considerable, then the project's impact on air quality would be considered significant. 3.7.2 Environmental Checklist and Discussion of Impacts GREENHOUSE GAS EMISSIONS Less Than Potentially Significant Less Than No Information Significant With Significant Impact Source(s) Impact Mitigation Impact Incorporated Would the project: 1) Generate greenhouse gas ❑ ❑ ® ❑ 1,4 emissions, either directly or indirectly, that may have a significant impact on the environment? 2) Conflict with any applicable plan, ❑ ❑ ® ❑ 1,4 policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? 3.7.3 Thresholds of Significance The Bay Area Air Quality Management District's (BAAQMD) approach to developing a Threshold of Significance for Green House Gas (GHG) emissions is to identify the emissions level for which a project would not be expected to substantially conflict with existing California legislation adopted to reduce 2015-2023 Housing Element Update 21 Initial Study City of Burlingame statewide GHG emissions needed to move us towards climate stabilization. If a project would generate GHG emissions above the threshold level, it would be considered to contribute substantially to a cumulative impact, and would be considered significant. The Thresholds of Significance for operational -related GHG emissions are: • For land use development projects, the threshold is compliance with a qualified GHG reduction Strategy; or annual emissions less than 1,100 metric tons per year (MT/yr) of CO2e; or 4.6 MT CO2e/SP/yr (residents + employees). Land use development projects include residential, commercial, industrial, and public land uses and facilities. • For stationary -source projects, the threshold is 10,000 metric tons per year (MT/yr) of CO2e. Stationary -source projects include land uses that would accommodate processes and equipment that emit GHG emissions and would require an Air District permit to operate. If annual emissions of operational -related GHGs exceed these levels, the proposed project would result in a cumulatively considerable contribution of GHG emissions and a cumulatively significant impact to global climate change. The BAAQMD has established project level screening criteria to assist in the evaluation of impacts. If a project meets the screening criteria and is consistent with the methodology used to develop the screening criteria, then the project's air quality impacts may be considered less than significant. Below are some screening level examples taken from the BAAQMD CEQA Air Quality Guidelines, 06/2010 (Table 3-1, Operational -Related Criteria Air Pollutant and Precursor Screening Level Sizes). Land Use Type Operational GHG Screening Size ** Single-family 56 du Apartment, low-rise 78 du Apartment, mid -rise 87 du Condo/townhouse, general 78 du City park 600 acres Day-care center 11,000 sf General office building 53,000 sf Medical office building 22,ODO sf Office park 50,000 sf Quality restaurant 9,OD0 sf **If project size is => screening size, then it is considered significant. State Housing Element law requires that each jurisdiction plan for the anticipated housing needs of the community. The Association of Bay Area Governments provides an estimate for the housing needs for the San Frcncisco Bay Area, which are assigned to ewt city and county through a Regional Housing Needs Allocation (RHNA) process. The RHNA for each community represents the housing need that it must plan for during the 2015-2023 period for the Housing Element. The total allocation for Burlingame is 863 housing units, which would serve the needs of all income levels from very low-income households to above moderate -income households. Any future development project that is submitted will be reviewed to analyze its impact on greenhouse gas emissions and the established thresholds of the BAAQMD. If a project does not meet the criteria established in the BAAQMD CEQA Guidelines, additional analysis will be required. If it is determined that a project's impacts are significant, mitigation measures will be developed to reduce the air quality impacts to the extent feasible. As noted in the discussion regarding air quality, most of the identified 2015-2023 Housing Element Update 22 Initial Study City of Burlingame Housing Inventory Sites are in areas that are fully developed, and are close to major transit hubs or along transit corridors. It is expected that any potential increase in traffic generation and associated air quality impacts will be offset by the availability of transit hubs and corridors to accommodate some of the transportation needs of future residents. 3.7.4 Conclusion: The adoption of the Housing Element will not result in a significant impact on greenhouse gas emissions. [Less Than Significant Impact] 2015-2023 Housing Element Update 23 Initial Study City of Burlingame 3.8 HAZARDS AND HAZARDOUS MATERIALS 3.8.1 Setting 3.8.1.1 Background Information Hazardous materials encompass a wide range of substances, some of which are naturally -occurring and some of which are man-made. Examples of hazardous materials include pesticides, herbicides, petroleum products, metals (e.g., lead, mercury, arsenic), asbestos and chemical compounds used in manufacturing. Determining if such substances are present on or near project sites is important because exposure to hazardous materials above certain thresholds can result in adverse health effects on humans, as well as harm to plants and wildlife. Due to the fact that these substances have properties that, above certain thresholds, are toxic to humans and/or the ecosystem, there are multiple regulatory programs in place that are designed to minimize the chance for unintended releases and/or exposures to occur. Other programs establish remediation requirements for sites where contamination has occurred. 3.8.2 Environmental Checklist and Discussion of Impacts HAZARDS AND HAZARDOUS MATERIALS Less Than Potentially Significant Less Than No Information Significant With Significant Impact Source(s) Impact Mitigation Impact Incorporated Would the project: 1) Create a significant hazard to the ❑ ❑ ® ❑ 1 public or the environment through the routine transport, use, or disposal of hazardous materials? 2) Create a significant hazard to the ❑ ❑ ® ❑ 1 public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 3) Emit hazardous emissions or ❑ ❑ ® ❑ 1 handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? 2015-2023 Housing Element Update 24 Initial Study City of Burlingame HAZARDS AND HAZARDOUS MATERIALS Less Than Potentially Significant Less Than No Information Significant With Significant Impact Source(s) Impact Mitigation Impact Incorporated Would the project: 4) Be located on a site which is ❑ ❑ ® ❑ 1 included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 5) For a project located within an ❑ ❑ ® ❑ 1 airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 6) For a project within the vicinity ❑ ❑ ❑ ® 1 of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 7) Impair implementation of, or ❑ ❑ ❑ ® 1,2 physically interfere with, an adopted emergency response plan or emergency evacuation plan? 8) Expose people or structures to a ❑ ❑ ❑ ® 1,10 significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 3.8.2.1 On -Site Sources of Contamination Each potential development site will be evaluated at the time of development proposal. If sites are determined to contain contaminants, proper remediation will be required. 2015-2023 Housing Element Update 25 Initial Study City of Burlingame J 3.8.2.2 Other Hazards The identified project sites are within the boundaries of the San Mateo County Airport Land Use Plan, and the plan is subject to review by the San Mateo County Airport Land Use Committee (ALUC) for consistency with the Comprehensive Airport Land Use Plan. The potential housing sites in North Burlingame are within an area designated for development in the Comprehensive Airport Land Use Plan forthe San Francisco International Airport. The housing sites within the North Burlingame area are located in the San Francisco International Airport Vicinity Special Use Zone (SUZ) which is an area of frequent aircraft overflight but relatively low accident risk. Multi -family residential uses in this area are conditionally compatible when they meet the required criteria. These criteria include a fair disclosure statement noting the presence of the property within the Airport Influence Area and the potential for aircraft overflights, noise and related affects that is to be recorded by the project sponsor. Project sponsors may also be required to file Federal Aviation Administration (FAA) form 7460-1 "Notice of Proposed Construction or Alteration" with the FAA, depending on the architectural characteristics of the proposal. A small section in the northwest corner of the North Burlingame, near Murchison and Ogden Drives, is designated an Approach Zone (AZ). This area is subject to occasional arrival overflights at low altitude and more frequent departure overflights. Accident data show a tendency for aircraft accidents to occur in these areas, although the pattern is less dense than in the Runway Protection Zone (RPZ) and the Centerline Zone (CLZ), indicating a lower accident risk. Multi -family residential, offices and retail uses in this area are conditionally compatible when meeting required criteria, including height restrictions and a fair disclosure statement noting the presence of the property within the Airport Influence Area and the potential for aircraft overflights, noise and related affects that is to be recorded by the project sponsor. Criteria may also include that the project sponsor file FAA form 7460-1, "Notice of Proposed Construction or Alteration' with the FAA, depending on the architectural characteristics of the proposal. For residential uses, there is an additional criterion stating that clustering to provide relatively large areas of open space shall be considered. Compliance with these criteria is required by the North Burlingame/Rollins Road Specific Plan. The sites are not located within a designated evacuation route for San Francisco International Airport. Portions of the City are located near areas subject to wildfires, however the potential development sites are not located in a fire threatened area .2 3.8.3 Conclusion The proposed project will not result in hazardous materials impacts to workers and future users of the site. (Less Than Significant Impact) 2 Association of Bay Area Governments. (ABAG). Wildfire Hazard Maos and Information. November 2004. 8 May 2008. htto'//www aban ca oov/bavarea/eoma os/wildfire/. 2015-2023 Housing Element Update 26 Initial Study City of Burlingame 3.9 HYDROLOGY AND WATER QUALITY 3.9.1 Setting 3.9.1.1 Hydrology and Flooding According to the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Map (FIRM), the potential housing sites are not located within a flood zone. There are no dams or levee systems in the areas of the potential housing sites. While there are locations within the City that are susceptible, the areas where there are potential housing sites are not subject to inundation from a seiche, tsunami, or muciflow. 3.9.1.2 Storm Drainage The City of Burlingame owns and maintains the municipal storm drainage system within the City. This system serves the potential housing sites. 3.9.1.3 Water Quality The federal Clean Water Act and California's Porter -Cologne Water Quality Control Act are the primary laws related to water quality. Regulations set forth by the U.S. Environmental Protection Agency (EPA) and the State Water Resources Control Board have been developed to fulfill the requirements of this legislation. EPA's regulations include the National Pollutant Discharge Elimination System (NPDES) permit program, which controls sources that discharge pollutants into waters of the United States (e.g., streams, lakes, bays, etc.). These regulations are implemented at the regional level by water quality control boards, for the Burlingame area the responsible agency is the San Francisco Bay Regional Water Quality Control Board (RWQCB). Proposed projects are required to comply with Provision C.3 of the City's NPDES permit and the City's local polices and ordinances regarding urban runoff and water quality. In practical terms, the C.3 requirements seek to reduce water pollution by both reducing the volume of stormwater runoff and the amount of pollutants that are contained within the runoff. The methods used to achieve these objectives vary from site to site, but can include measures such as a reduction in impervious surfaces, onsite detention facilities, biofiltration swales, settlement/debris basins, etc. 3.9.2 Environmental Checklist and Discussion of Impacts HYDROLOGY AND WATER QUALITY Would the project: 1) Violate any water quality standards or waste discharge Potentially Less Than Less Than Significant With Significant MSignificant Mitigation Impact Incornorated Impact No I Information Impact I Source(s) ❑ ❑ ® ❑ 1,2 2015-2023 Housing Element Update 27 Initial Study City of Burlingame HYDROLOGY AND WATER QUALITY Potentially Less Than Less Than Significant Significant With Significant No Information Impact Mitigation Impact Impact Source(s) Incorporated Would the project: 2) Substantially deplete groundwater ❑ ❑ _[IM 1,2 supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3) Substantially alter the existing ❑ ❑ 1,2 drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on -or off- site? 4) Substantially alterthe existing ❑ ❑ ® ❑ 1,2 drainage pattern of the site or area, including through the alteration of the course of a stream or river, orsubstantially increase the rate or amount of surface runoff in a manner which would result in flooding on -or off-site? 5) Create or contribute runoff ❑ ❑ ® 1,2 water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade ❑ ❑ ® El 1,2 water quality? 2015-2023 Housing Element Update 28 Initial Study City of Burlingame HYDROLOGY AND WATER QUALITY Potentially Less ThanLess Significant With Than No Information Significant Mitigation Significant Impact Source(s) Impact Incorporated Impact Would the project: 7) Place housing within a 100 -year ❑ ❑ ® ❑ 1,2,6 flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? 8) Place within a 100 -year flood ❑ ❑ ® ❑ 6 hazard area structures which would impede or redirect flood flows? 9) Expose people or structures to a ❑ ❑ ❑ ® 1 significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? 10) Be subject to inundation by ❑ ❑ ❑ ® 1,2 seiche, tsunami, or mudflow? 3.9.2.1 Drainage and Flooding The potential housing sites are not within flood prone areas. Therefore, implementation of the project would not result in people or structures being exposed to any significant flood risk. 3.9.2.2 Water Quality Construction activities on site could temporarily generate dust, sediment, litter, oil, paint, and other pollutants that could contaminate runoff from the site. All future housing development projects would be required to include stormwater quality best management practices such as directing site runoff into vegetated swales in conformance with requirements in the City of Burlingame's Municipal NPDES Permit. Vegetated swales may be located in or adjacent to trees and shrubs, but must include only vegetation consistent with their function. All future housing projects will be required to comply with building codes that address flood safety issues. Development projects are required to implement Best Management Practices (BMPs) for construction activities as specified by the California Storm Water Best Management Practices Handbook and the Manual for Standards for Erosion and Sediment Control Measures. The BMPs include measures guiding the management and operation of construction sites to control and minimize the potential contribution of pollutants to storm runoff from these areas. These measures address procedures for controlling erosion and sedimentation and managing all aspects of the construction process to ensure control of potential water pollution sources. All development projects are required to comply with all City, State and Federal standards pertaining to storm water run-off and water quality. Best Management 2015-2023 Housing Element Update 29 Initial Study City of Burlingame Practices for each project would typically include measures for reducing impacts such as silt fences/straw waddles around the perimeter of the site, regular street cleaning and inlet protection. 3.9.3 Conclusion The proposed project would not result insubstantial adverse flooding or drainage impacts. With implementation of the required Best Management Practices during construction, water quality impacts would be less than significant. [Less Than Significant Impact] 2015-2023 Housing Element Update 30 Initial Study City of Burlingame 3.10 LAND USE j 3.10.1 Setting t The potential housing sites are generally located within the areas of Downtown Burlingame, North Burlingame, and along Carolan Avenue. These sites are currently designated and zoned for residential and mixed uses. None of the potential housing sites will require rezoning to accommodate residential uses at the densities proposed. 3.10.1.1 Existing General Plan and Zoning General Plan Land Use Designation The Burlingame General Plan designates a certain portion of the community for residential use, and anticipates new residential growth within these areas. The existing Housing Element adopted in 2010 proposed the addition of up to 650 housing units to Burlingame's housing stock. Since the adoption of the 2010 Housing Element, 77 new units have been built. The 2015-2023 Housing Element update proposes to accommodate 863 housing units, pursuant to the Regional Housing Needs Allocation for the City. This is well within the growth anticipated by the General Plan. The 2010 Census identified 12,869 housing units in Burlingame. The addition of 863 housing units, which would represent an increase of 6.7 percent, is not considered to be substantial. The Housing Element update proposes to create incentives for development to promote residential uses in areas that are now primarily office and commercial. The Housing Element update also proposes changes to the zoning code regulations for housing development near transit hubs. None of the proposed changes require amendments to the land use element of the general plan. Any future development projects on potential housing sites will require additional environmental review when they are considered for approval. The General Plan, in addition to designating the land uses allowed in particular areas, includes goals and policies for Burlingame. The general plan goals which relate to the need for housing are as follows: GOALS: To assure that Burlingame will continue to be a "well-rounded" City with residences, schools, business, industry, and space and facilitiesforsocial, recreational and cultural facilities. • To maintain and enhance the identity of the City and encourage a maximum sense of identification by residents with the City. • To encourage mixed commercial uses to provide a transition between districts fully commercial or residential and to provide housing opportunities for those dependent on transit and desiring a pedestrian -oriented living environment. Implementing Objectives: Maintain or increase the variety in uses of land in the City; Encourage assembly of small lots in suitable locations to provide largersites for apartments, office buildings and commercial enterprises; • Keep codes and standards free of arbitrary or obsolete provisions that would tend to inhibit construction of sound buildings in suitable locations to house a variety of uses. 2015-2023 Housing Element Update 31 Initial Study City of Burlingame • Maintain and enhance rational relationships among functional parts of the City (residential areas, business districts, industrial areas, public areas, transportation, etc.). Zoning Designation The potential housing sites are all zoned for residential and/or mixed residential and commercial/office uses. Modifications to the zoning to add development incentives are proposed with the Housing Element Update. 3.10.2 Environmental Checklist and Discussion of Impacts LAND USE Less Than Potentially Significant Less Than No Information Significant With Significant Impact Source(s) Impact Mitigation Impact Incorporated Would the project: 1) Physically divide an established ❑ ❑ ❑ ® 1,2 community? 2) Conflict with any applicable land ❑ ❑ ® ❑ 1,2,3 use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 3) Conflict with any applicable ❑ ❑ ❑ ® 1,2,3 habitat conservation plan or natural community conservation plan? 3.10.2.1 Proposed General Plan and Zoning All of the potential housing sites already have zoning in place to achieve new resi-i^ntial development. No additional action is required to accommodate residential development on any of the Housing Inventory Sites. In order to improve the opportunities on existing residential sites, the following actions are required. Amend the Zoning Code to Offer Additional Incentives for Affordable Housing and Transit Oriented Development. In areas near a transit hub, zoning code changes will be considered to: • Provide incentives for affordable housing; • Outside of Downtown, provide for reduced parking and increased height for development within one-third mile of a transportation hub or corridor; 2015-2023 Housing Element Update 32 Initial Study City of Burlingame • Provide incentives such as reduced parking requirement for efficiency units if all units are affordable; • Amend the zoning code regulations to provide opportunities for live/work units and mixed use projects in areas outside Downtown; • Provide incentives for lot consolidation in areas where there are small underdeveloped lots and/or residential development design would benefit from larger lots; • Provide multiple incentives, such as reduced parking requirements and increased height, for projects that propose units affordable to Extremely Low Income (ELI) households. 3.10.2.2 Land Use Compatibility Land use conflicts can arise from two basic causes: 1) a new development or land use may cause impacts to persons or the physical environment in the vicinity of the project site or elsewhere; or 2) conditions on or near the project site may have impacts on the persons or development introduced onto the site by the new project. Both of these circumstances are aspects of land use compatibility. Potential incompatibility may arise from placing a particular development or land use at an inappropriate location, or from some aspect of the project's design or scope. Depending on the nature of the impact and its severity, land use compatibility conflict can range from minor irritation and nuisances to potentially significant effects on human health and safety. The discussion below distinguishes between potential impacts from the proposed project upon people and the physical environment, and potential impactsfrom the project's surroundings upon the project itself. Impacts from a Potential Project Any proposed housing project could change the character of the project site. The proposed housing sites, however, are located in areas where there are currently residential or mixed commercial/residential uses. Therefore, it is not anticipated that there will be land use compatibility impacts from any proposed housing project. Impacts to a Potential Project Any proposed housing project would develop either vacant or underutilized sites. Proposed development would be compatible with both the existing and planned land uses in the area. Some of the sites are adjacent to railroad and highway corridors. Appropriate analysis regarding noise and vibration at the time of development proposal would be required. No on-going land use conflicts with adjacent uses are anticipated. 3.10.3 Conclusion The proposed project would not result in significant, adverse land use impacts. [Less Than Significant Impact] 2015-2023 Housing Element Update 33 Initial Study City of Burlingame 3.11 MINERAL RESOURCES 3.11.1 Setting The potential housing sites do not contain any known or designated mineral resources. 3.11.2 Environmental Checklist and Discussion of Impacts MINERAL RESOURCES Potentially Less Than Significant With Less Than Significant Mitigation Significant Im Impact Incorporated Impact Would the project: Jpact 1) Result in the loss of availability of ❑ ❑ ❑ a known mineral resource thatwould be ofvalueto the region and the residents of the state? 2) Result in the loss of availability of ❑ ❑ ❑ a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? The project would not result in the loss of availability of a known mineral resource, and no mineral excavation sites are present within the general area. Therefore, the adoption of the Housing Element Update and subsequent residential development would not result in impacts to known mineral resources. 3.11.3 Conclusion The proposed adoption of the Housing Element update would not result in impacts to known mineral resources. [No Impact] 2015-2023 Housing Element Update 34 Initial Study City of Burlingame 3.12 NOISE 3.12.1 Setting 3.12.1.1 Noise Background The City of Burlingame is impacted by noise from five major traffic arteries - Bayshore Freeway (SR 101), Southern Pacific Railroad (including Caltrain service), California Drive, EI Camino Real and the Junipero Serra Freeway (SR 280). There is also the potential that residential areas may be adversely impacted by airport noise. During worst case months in the winter and early spring, when flight paths are directed over North Burlingame, airport noise would potentially impact some residential areas. Residential and public facilities (schools, parks, hospitals) land uses adjacent to the City's major traffic arteries are impacted by noise with the area adjacent to Bayshore Freeway being impacted to the greatest degree. Noise in these areas immediately adjacent to the arterials may be unacceptable from both a hearing conservation and land use compatibility standpoint unless mitigation is provided. Noise levels in commercial areas are generally acceptable except in those areas immediately adjacent to major traffic arteries. Noise levels in industrial areas are generally acceptable. Noise is defined as unwanted sound. Noise can be disturbing or annoying because of its pitch or loudness. Pitch refers to relative frequency of vibrations, higher pitch signals sound louder to people. A decibel (dB) is measured based on the -relative amplitude of a sound. Ten on the decibel scale marks the lowest sound level that a healthy, unimpaired human ear can detect. Sound levels in decibels are calculated on a logarithmic basis such that each 10 decibel increase is perceived as a doubling of loudness. The California A -weighted sound level, or dBA, gives greater weight to sounds to which the human ear is most sensitive. Sensitivity to noise increases during the evening and at night because excessive noise interferes with the ability to sleep. Twenty-four hour descriptors have been developed that emphasize quiet -time noise events. The Day/Night Average Sound Level, L&, is a measure of the cumulative noise exposure in a community. It includes a 10 dB addition to noise levels from 10:00 PM to 7:00 AM to account for human sensitivity to night noise. 3.12.1.2 Applicable Noise Standard The Noise Element of the City of Burlingame's General Plan identifies noise and land use compatibility standards for various land uses (General Plan Table 4-1). The City establishes 55 dB Ldp as the outside noise limit to protect public health and welfare. The indoor noise limit is 45 dB Ld,,. 2015-2023 Housing Element Update 35 Initial Study City of Burlingame 3.12.2 Environmental Checklist and Discussion of Impacts NOISE Less Than Potentially Significant Less Than Significant With Significant No Information Impact Mitigation Impact Impact Source(s) Incorporated Would the project result in: 1) Exposure of persons to or ❑ ® ❑ ❑ 1,2 generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 2) Exposure of persons to, or ❑ ® ❑ ❑ 1 generation of, excessive groundborne vibration or groundborne noise levels? 3) A substantial permanent increase ❑ ❑ ® ❑ 1 in ambient noise levels in the project vicinity above levels existing without the project? 4) A substantial temporary or ❑ ❑ ® ❑ 1 periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 5) For a project located within an ❑ ❑ ❑ ® 1,2 airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 6) For a project within the vicinity of ❑ ❑ ❑ ® 1 a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 3.12.2.1 Noise Exposure Impacts to a Potential Project Many of the potential Housing Inventory Sites are located either near the railroad tracks serving Caltrain and the Southern Pacific Railroad, or near EI Camino Real, a major transportation corridor. Existing noise levels at these locations may exceed noise standards considered suitable for outdoor activities 2015-2023 Housing Element Update 36 Initial Study City of Burlingame associated with residential development. Current building code insulation standards would provide ! adequate noise insulation for indoor noise levels. Although noise levels for an individual project may (i exceed the standards for outdoor public uses, the project's design could locate any areas for outdoor activities, such as play areas and common open space, away from the noise source. With the proper project -level mitigation, it is not expected that a future housing project would expose people to high levels of noise for any length of time that would result in a significant impact. 3.12.2.2 Noise Impacts from Project Traffic The potential housing sites are located in areas of existing commercial, mixed use and residential uses. Traffic increases due to a potential project would need to be analyzed at the project level to determine impacts from traffic noise. 3.12.2.3 Noise Impacts from Construction The construction of a proposed project would generate noise, and would temporarily increase noise levels at adjacent land uses. The significance of noise impacts during construction depends on the noise generated by various pieces of construction equipment, the timing and duration of noise generating activities, and the distance between construction noise sources and noise sensitive receptors. Construction activities generate considerable amounts of noise, especially during the construction of project infrastructure when heavy equipment is used. Typical hourly average construction generated noise levels are about 75 dBA to 80 dBA measured at a distance of 100 feet from the source during busy construction periods (e.g., earth moving equipment, impact tools, etc.). Construction generated noise levels drop off at a rate of about six dBA per doubling of distance between the source and receptor. ` Construction noise impacts are more significant when construction occurs during noise -sensitive times t of the day (early morning, evening, or nighttime hours near residential uses), the construction occurs in areas immediately adjoining noise sensitive land uses, or when construction lasts extended periods of time. Construction activities may result in annoyances to existing uses adjacent to the project site. In addition, the project will be required to comply with the applicable provisions related to construction activities in the City of Burlingame Municipal Code, including limitations on construction hours. The construction hours established by the Municipal Code are from 7:00 a.m. to 7:00 p.m. on weekdays, from 9:00 a.m. to 6:00 p.m. on Saturdays, and from 10:00 a.m. to 6:00 p.m. on Sundays and holidays. All development, including construction activities, are required to comply with the construction hours outlined in Burlingame Municipal Code Section 18.07.110 which restricts the timing associated with construction activity. Short-term temporary construction noise that complies with the municipal code would result in impacts that are expected to be less than significant. The proposed Housing Inventory Sites are located in established residential and mixed use commercial/residential districts near major transportation hubs and corridors, including railroads and EI Camino Real. The existing noise conditions are not quiet, and with compliance to the City's construction hours, the temporary construction activities will not create any new significant noise impacts. 3.12.3 Conclusion Individual housing projects will be required to assess any potential noise impacts to a project to comply with the noise insulation requirements of the building code. For those projects located adjacent to existing noise sources, project level analysis of noise impact will be required. With the proper project 2015-2023 Housing Element Update 37 Initial Study City of Burlingame level mitigation, it is not expected that a project would expose people to high level of noise for any length of time that would cause a significant impact. Because future projects would be required to comply with the City's construction hours, possible construction noise impacts would be reduced to a less than significant level. [Less than Significant Impact] 2015-2023 Housing Element Update 38 Initial Study City of Burlingame 3.13 POPULATION AND HOUSING 3.13.1 Setting Implementation of the 2015-2023 Housing Element would allow the development of up to 863 housing units on various sites in the City of Burlingame. According to the Association of Bay Area Government's Projections 2013, the City of Burlingame had an estimated total of 29,540 jobs and 14,880 employed residents in 2010, resulting in a jobs/housing ratio of 1.98 jobs per employed resident. 3.13.2 Environmental Checklist and Discussion of Impacts POPULATION AND HOUSING Potentially Significant Less Than With Less Than No Information Significant Mitigation Significant Impact Source(s) Impact Incorporated Impact Would the project: 1) Induce substantial population ❑ ❑ ❑ ® 1,2 growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 2) Displace substantial numbers of ❑ ❑ ❑ ® 1,2 existing housing, necessitating the construction of replacement housing elsewhere? 3) Displace substantial numbers of ❑ ❑ ❑ ® 1,2 people, necessitating the construction of replacement housing elsewhere? According to the California Department of Finance, the population of Burlingame was 29,685 as of January 1, 2014. The Association of Bay Area Governments projects that the population of Burlingame will increase by about 2000 people by the year 2020. Based on an average household size of 2.75 persons, the 863 additional units proposed in the Housing Element would accommodate the anticipated population growth. T.^= addition of housing in Burlingame would induce population growth in the City and alter the City's jobs/housing ratio, resulting in a jobs/housing ratio closer to 1.0, therefore resulting in a less than significant impact. A potential housing development project is not likely to displace housing or residents since the majority of identified housing sites are currently developed with underutilized commercial buildings. 3.13.3 Conclusion The proposed project would not result in significant population or housing impacts. The potential impact on the jobs/housing balance is a positive one. [Less Than Significant Impact] 2015-2023 Housing Element Update 39 Initial Study City of Burlingame 3.14 PUBLIC SERVICES 3.14.1 Settin The City of Burlingame is a built out community and could only add housing through infill development. The City is currently adequately served by public services and facilitates such as parks and schools. 3.14.2 Environmental Checklist and Discussion of Impacts PUBLIC SERVICES Potentially Less Than Less Than Significant Significant With Significant NoInformation Impact Mitigation Impact Impact Sources) Incorporated Would the project: 1) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in orderto maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire Protection? ❑ ❑ X ❑ 1 Police Protection? ❑ ❑ ® ❑ 1 Schools? ❑ ❑ ® ❑ 1 Parks? ❑ ❑ ® ❑ 1 Other Public Facilities? ❑ ❑ ® ❑ 1 3.14.2.1 Public Services Impacts Implementation of the Housing Element could result in an increase in the population of Burlingame by approximately 2,300 persons. An increase in housing development would not adversely impact Police and Fire response times since Burlingame is a built out community and new development would be infill. Proposed development on the identified sites would be reviewed by the City of Burlingame Police and Fire Departments prior to project approval. Potential projects could generate population growth in certain areas, resulting in the increased use of public park facilities in the City by new residents. The Parks and Recreation Department would review all new project proposals and determine if the project has an impact on park facilities. Potential projects could generate new students resulting in an increase in school population or result in the need for new or modified school facilities. Each project would be evaluated on a case by case basis depending on the size and location of the project. The Burlingame School District and San Mateo High School District collect school impact fees on new residential and commercial construction within District 2015-2023 Housing Element Update 40 Initial Study City of Burlingame boundaries. Therefore, any proposed residential development would contribute through the payment of fees to offset the cost of facilities for any increase in school population. 3.14.3 Conclusion Implementation of the 2015-2023 Housing Element and providing the potential for new housing units would not result in significant impacts to public facilities. Any new projects would be reviewed at time of application. [Less Than Significant Impact] 2015-2023 Housing Element Update 41 Initial Study City of Burlingame 3.15 RECREATION 3.15.1 Setting The City of Burlingame General Plan states that access for residents to parks and open space is of great importance to the City. The City's recreational system is augmented by local school facilities, which are available to the general public. 3.15.2 Environmental Checklist and Discussion of Impacts RECREATION Potentially Less Than Less Than Significant Significant With Significant No Information Impact Mitigation Impact Impact Source(s) Incorporated Would the project: 1) Increase the use of existing ❑ ❑ ® ❑ 1,2 neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2) Does the project include ❑ ❑ ® ❑ 1,2 recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Additional housing could increase usage of nearby parks and recreation facilities, however, it is expected that the increase in population from any new housing units can be accommodated by the existing park and recreation facilities in Burlingame. None of the proposed housing sites would displace any recreation facilities and would not have an impact on these facilities such that adverse physical effects would result. 3.15.3 Conclusion The proposed project would not result in significant impacts to parks and recreational facilities. [Less Than Significant Impact] 2015-2023 Housing Element Update 42 Initial Study City of Burlingame 3.16 TRANSPORTATION 3.16.1 Settin 3.16.1.1 Existing Roadway Network The potential housing sites are located within a mile of Highway 101 and can also be accessed from EI Camino Real, California Drive as well as smaller collectors and minor arterial streets. 3.16.1.2 Existing Transit Service Transit service in the area includes local bus service provided by the San Mateo County Transit District (SamTrans), train service from the CalTrain commuter rail line, and Bay Area Rapid Transit (BART) at the north end of Burlingame, at the Millbrae multimodal transit station. 3.16.1.3 Existing Pedestrian and Bicycle Facilities Pedestrian facilities comprise sidewalks, crosswalks, and pedestrian signals. Sidewalks are abundant around all of the proposed housing sites. Bicycle facilities comprise paths (Class 1), lanes (Class II), and routes (Class III). Bicycle paths are paved trails that are separate from roadways. Bicycle lanes are lanes on roadways designated for bicycle use by striping, pavement legends, and signs. Bicycle routes are roadways designated for bicycle use by signs only. 3.16.2 Environmental Checklist and Discussion of Impacts TRANSPORTATION/TRAFFIC Potentially Less ThanLess Significant With Than No Information Significant Mitigation Significant Impact Source(s) Impact Incorporated Impact Would the project: 1) Cause an increase in traffic which ❑ ❑ ® ❑ 1 is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio of roads, or congestion at intersections)? 2) Exceed, either individually or ❑ ❑ ® ❑ 1 cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? 2015-2023 Housing Element Update 43 Initial Study City of Burlingame TRANSPORTATION/TRAFFIC Potentially Less Than Less Than Significant Significant With Significant No Information Impact Mitigation Impact Impact Source(s) Incorporated Would the project: 3) Result in a change in airtraffic ❑ ❑ ❑ ® 1 patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 4) Substantially increase hazards due ❑ ❑ ❑ ® 1 to a design feature (e.g., sharp curves or dangerous intersections) or incompatible land uses (e.g., farm equipment)? 5) Result in inadequate emergency ❑ ❑ ❑ ® 1 access? 6) Result in inadequate parking ❑ ❑ ❑ ® 1 capacity? 7) Conflict with adopted policies, ❑ ❑ ❑ ® 1 plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? 3.16.2.1 Transportation Impacts A proposed housing project could generate new trips to the site and in the area, depending on the previous use of the site. Traffic impacts would be evaluated at the project proposal stage. Infill housing development could potentially increase ridership of public transit, especially at those sites located near transit opportunities. Most of the sites are located near the Burlingame Train Station, the Millbrae BART/Caltrain Multimodal station, or along transit corridors (EI Camino Real and California Drive) with frequent SamTrans bus service. New projects would be required to install or upgrade pedestrian or bicycle facilities, where appropriate. These requirements would be evaluated at the project proposal stage. The potential housing sites are located along major transportation corridors. Emergency access would be provided to each housing site via existing or proposed public right-of-way. New projects would be evaluated by emergency service providers at the project proposal stage. 3.16.3 Conclusion Any proposed project would be evaluated for transportation impacts at the time of submittal. Implementation of the Housing Element would not result in significant transportation impacts. [Less Than Significant Impact] 2015-2023 Housing Element Update 44 Initial Study City of Burlingame 3.17 UTILITIES AND SERVICE SYSTEMS 3.17.1 Setting Water and sewer services are provided by the City of Burlingame. The City owns and maintains the municipal storm drainage system which would serves the potential housing sites. Solid waste collection in the City of Burlingame is provided by Recology San Mateo County through a contract with the City. 3.17.2 Environmental Checklist and Discussion of Impacts UTILITIES AND SERVICE SYSTEMS Potentially Less Than Significant With Less Than No Information Significant Mitigation Significant Impact Source(s) Impact Incorporated Impact Would the project: 1) Exceed wastewater treatment ❑ ❑ ® ❑ 1 requirements of the applicable Regional Water Quality Control 2) Board? Require or result in the ❑ ❑ ® ❑ 1 construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 3) Require or result in the ❑ ❑ ® ❑ 1 construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 4) Have sufficient water supplies ❑ ❑ ® ❑ 1 available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 5) Result in a determination by the ❑ ❑ ® ❑ 1 wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 6) Be served by a landfill with ❑ ❑ ® ❑ 1 sufficient permitted capacity to accommodate the project's solid waste disposal needs? 2015-2023 Housing Element Update 45 Initial Study City of Burlingame 61 UTILITIES AND SERVICE SYSTEMS Potentially Less Than Less Than Significant Significant With Significant No Information Impact Mitigation Impact Impact Source(s) Incorporated Would the project: 7) Comply with federal, state, and ❑ ❑ ® ❑ 1 local statutes and regulations related to solid waste? Any proposed project will be served by existing utilities in place in the area, or will be required to connect to these systems. The City of Burlingame is substantially built out and public facilities in place are adequate to serve existing and proposed development identified in the Housing Element update. Most of the housing sites are now developed with other uses, and it is anticipated that there will be no significant increase in the demand on existing utilities and service systems or impacts to these services. There have been two major public improvement projects involving upgrades to the sanitary sewer system and wastewater treatment plant which have been completed in the last 15 years which have removed any constraints to new residential development, particularly at the north end of the city. Many of the sites identified are located in the northern portion of the City. 3.17.4 Conclusion Implementation of the Housing Element update would not exceed the capacity of existing utilities and service systems that serve the community. [Less Than Significant Impact] 2015-2023 Housing Element Update 46 Initial Study City of Burlingame 3.18 MANDATORY FINDINGS OF SIGNIFICANCE 3.18.2 , Discussion With the implementation of policies in place and avoidance measures required by the City of Burlingame and other agencies as described in the specific sections of this report (refer to Section 3. Environmental Checklist and Discussion of Impacts), on pages 6 through 44 of this Initial Study, the implementation of the Housing Element would not result in significant environmental impacts. A 2015-2023 Housing Element Update 47 Initial Study City of Burlingame Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporated Information Source(s) 1) Does the project have the potential to ❑ ❑ ® ❑ 1-10 degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 2) Does the project have impacts that ❑ ❑ ® ❑ 1-10 are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? 3) Does the project have the potential to ❑ ❑ ® ❑ 1-10 achieve short-term environmental goals to the disadvantage of long -ter environmental goals? 4) Does the project have environmental ❑ ❑ ® ❑ 1-10 effects which will cause substantial adverse effects on human beings, either directly or indirectly? 3.18.2 , Discussion With the implementation of policies in place and avoidance measures required by the City of Burlingame and other agencies as described in the specific sections of this report (refer to Section 3. Environmental Checklist and Discussion of Impacts), on pages 6 through 44 of this Initial Study, the implementation of the Housing Element would not result in significant environmental impacts. A 2015-2023 Housing Element Update 47 Initial Study City of Burlingame 3.18.3 Conclusion Each potential housing project will be evaluated with regard to the mandatory findings of significance. The implementation of the Housing Element update is not expected to have impacts that are cumulatively considerable. [Less Than Significant Cumulative Impact] 2015-2023 Housing Element Update 48 Initial Study City of Burlingame Checklist Sources 1. CEQA Guidelines - Environmental Thresholds (Professional judgment and expertise and review of document). 2. City of Burlingame, City of Burlingame General Plan. 3. City of Burlingame, Municipal Code, Title 25, Zoning Ordinance and Title 18, Building Construction. 4. Bay Area Air Quality Management District, CEQA Guidelines, Updated May, 2012. 5. California Department of Conservation, Geologic Map of the San Francisco -San Jose Quadrangle, 1990. 6. Federal Emergency Management Agency, Flood Insurance Rate Map, Community Panel Nos. 055019 000-0004,2009. 7. Association of Bay Area Governments, Dam Failure Inundation Hazard Map for Burlingame/Millbrae/Hillsborough, 1995. http://www.abag.ca.gov/cgi-bin/pickdamL.Pi 8. Association of Bay Area Governments, Projections 2013, December 2013. 9. Association of Bay Area Governments. (ABAG). Wildfire Hazard Maps and Information. November 2004. 8 May 2008. http7//www.abag.ca.gov/bayarea/`­egmaps/wildfire/. 10. California Department of Conservation, 2010, San Mateo County Important Farmland 2D10, ftp://ftp.consrv.ca.gov/pub/dlrplFMMP/pdf/2010/smtlO.pdf 2015-2023 Housing Element Update 49 Initial Study City of Burlingame / SECTION 6 AUTHORS Authors: City of Burlingame Maureen Brooks, Project Manager Kevin Gardiner, Planning Manager William Meeker, Community Development Director 2015-2023 Housing Element Update 50 Initial Study City of Burlingame kaY j Burlingame Housing Element Table of Contents I. Executive Summary ................................................................................................ 5 II. Introduction......................................................................................................... 7 III. Profile of the Community.....................................................................................11 BURLINGAMETODAY.............................................................................................11 HOUSINGNEEDS ASSESSMENT..............................................................................12 1. Demographic Profile........................................................................................12 2. Employment and Travel Patterns......................................................................17 3. Household Profile............................................................................................22 4. Special Needs Populations................................................................................25 S. Housing Stock Characteristics..........................................................................34 6. Regional Housing Needs..................................................................................45 IV. Housing Constraints.............................................................................................47 GOVERNMENTAL CONSTRAINTS..............................................................................47 1. Land Use Regulations....................................:.................................................47 2. Building Codes...............................................................................................53 3. NPDES (National Pollutant Discharge Elimination System) Requirements ...............53 4. On and Off -Site Improvements.........................................................................54 5. Environmental Requirements............................................................................54 6. Fees and Exactions.........................................................................................55 7. Process and Permitting Procedures....................................................................61 8. Constraints to Housing for Persons with Disabilities.............................................63 NON-GOVERNMENTAL CONSTRAINTS......................................................................65 1. Environmental................................................................................................65 2. Land and Construction Costs............................................................................65 3. Financing and Affordability...............................................................................66 V. Community Resources and Opportunities.................................................................6; LAND INVENTORY AND SITE IDENTIFICATION..........................................................67 PROPERTIES WITH POTENTIAL FOR DEVELOPMENT...................................................67 SITEINVENTORY...................................................................................................70 ZONING TO ACCOMMODATE HOUSING FOR LOWER INCOME HOUSEHOLDS ...............106 SUMMARY OF SITES TO MEET RHNA......................................................................108 ACTIONS REQUIRED/ZONING CHANGES................................................................108 PUBLIC FACILITY CAPACITY..................................................................................110 Table of Contents Page i ENERGY CONSERVATION OPPORTUNITIES..............................................................112 VI. Housing Goals, Policies and Action Programs: 2015-2023 .......................................115 VII. Data Sources...................................................................................................139 Appendices............................................................................................................. AO APPENDIX A - WORKSHOP SUMMARIES.................................................................. Al Outreach Summary: Workshop #1......................................................................... Al Outreach Summary: Workshop #2......................................................................... A2 Table of Figures Table III -1: Population Growth and Projections............................................................14 TableIII -2: Age Trends.............................................................................................15 Table III -3: Race and Ethnicity...................................................................................16 Table III -4: Commute Characteristics of Burlingame Residents.......................................17 Table III -5: Burlingame's Major Employers................d..................................................18 Table III -6: Jobs in Burlingame by Industry .................................................................19 Table III -7: Jobs Held by Residents by Industry...........................................................20 Table III -8: Workforce Age, Salary and Education.........................................................21 Table III -9: Number of Households.............................................................................22 Table III -10: Average Size of Households, County and State Comparisons .......................22 Table III -11: Household Type, between 2000 and 2011 .................................................23 Table III -12: Household Type, County and State Comparison.........................................23 Table III -13: Median Household Income......................................................................24 Table III -14: Senior Householder Age.........................................................................25 Table III -15: Elderly Households by Income.................................................................26 Table III -16: Elderly Households by Income, Tenure, and Age.......................................26 Table III -17: Age and Type of Disability......................................................................27 Table III -18: Living Arrangements of Persons with Developmental Disabilities .................. 29 Table III -19: Estimated Housing Need for Persons with Developmental Disabilities ...........29 Table III -20: Female Headed Households....................................................................30 Table III -21: Female Headed Households, County and State Comparison ........................30 Table III -22: Households of 5 or More by Tenure and Housing Problems ..........................31 Table III -23: Housing Units by Bedroom and Tenure.....................................................31 Table III -24: Number of Overcrowded Units.................................................................32 Table III -25: Income Limits.......................................................................................33 Table III -26: Number of Housing Permits Issued between 2007 and 2013 by Affordability.34 Table III -27: Housing Units by Type...........................................................................36 Table III -28: Housing Units by Type and Tenure...........................................................36 Table III -29: Housing Units by Type, County and State Comparison...............................37 Table III -30: Households by Tenure............................................................................37 Table III -31: Age of Housing Stock as of 2010.............................................................38 Table III -32: Median Home Sales Prices, 2005 -2012 .....................................................39 Table I1I-33: Ability to Pay for For -Sale Housing...........................................................40 Table of Contents Page Table III -34: Average Rents in Burlingame..................................................................41 Table III -35: Countywide Median Rental Rates.............................................................41 Table III -36: Households Overpaying..........................................................................42 Table III -37: Households Overpaying by Tenure...........................................................42 Table III -38: Overpayment among Low Income Households..........................................43 TableIII -39: Overcrowding........................................................................................44 Table III -40: Housing Problems — Cost Burdens...........................................................44 Table III -41: Projected Housing Need by Income Category ............................................46 Table IV -1: Burlingame Planning Fees............................................................................................55 Table IV -2: Burlingame Development Fees....................................................................................56 Table IV -3: Example of Single Family and Multiple Family Project Fees ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,57 Table IV -4: Burlingame Public Facilities Impact Fees...................................................................59 Table V-1: Vacant or Underused Sites...................................:.....................................70 Table V-2: Sites with Projects Approved or Under Construction......................................96 Table V-3: 2009-2014 Housing Element Sites No Longer Available................................105 Table V-4: Zoning for Lower Income Households ........................................................106 Table V-5: Site Capacity to Meet the RHNA................................................................108 Table of Contents Page iii [This page intentionally left blank] Table of Contents Page iv I. Executive Summary INTRODUCTION By state mandate each city and county in California is required to plan for the housing needs for its share of the expected new households in the Bay Region over the next five to eight years as well as for the housing needs of all economic segments of the city's population. This planning will be done in Burlingame by updating the City's 2009-2014 Housing Element of the General Plan. Broad based community participation is essential to preparing an implementable and locally meaningful housing policy and action program. The programs included in this document evolved from the participation and experience of local residents and representatives of agencies which provide housing and other social service assistance to city, county and regional residents. PROFILE OF THE COMMUNITY Research on Burlingame community demographics identifies some themes of change through the years. While the city's total population has remained fairly stable over the past 40 years there has been an increase in ethnic diversity and number of children living at home as well as growth in the population approaching retirement. The median income in 2011 was $88,915 (in 2013 inflation adjusted numbers). The median prices of single-family homes ($1,400,000) and multiple -family homes ($650,000) in 2012 reflected the rising home prices in a recovering housing market. More than three-quarters of the city's housing stock is over 50 years old, but most remain well maintained as exemplified by the number of building permits issued for improvements during the previous planning period. HOUSING CONSTRAINTS Residential developers looking to build in Burlingame face zoning regulations and fees comparable to those in other San Mateo cities. Like all cities in the state, but particularly because of our location on the edge of San Francisco Bay, the regulations of outside agencies have come to play an increasing role. These regulations tend to increase both processing time and cost of new residential development. Since, like our San Francisco Peninsula neighbors, the city is essentially "built out," scarcity of land and high construction costs increase the cost of housing. While energy is a critical parameter to future growth throughout California today, Burlingame has been aggressive in implementing local conservation and recycling legislation as well as providing information on energy conservation programs offered by other agencies. COMMUNITY RESOURCES The city began as a small settlement centered on the Burlingame Train Station (designated a State Historic Landmark). In a sense, this was an early example of what urban planners now refer to as "transit villages," though at the time it was simply a reflection of the transportation and development patterns of the time. Later the City of Burlingame annexed the Broadway train station and the settlement adjacent to it. A century later, the Millbrae train station just to the north of Burlingame was expanded to provide both Caltrain and BART (Bay Area Rapid Transit) service, as well as SamTrans bus service, creating a robust regionally -oriented transit hub within proximity to Burlingame's northern neighborhoods. Over these same decades, EI Camino Real developed with the city's highest -density Profile of the Community Page 5 residential uses - a pattern distinctly different from other cities on the Peninsula, where it developed as a commercial corridor. Because the land area of Burlingame is primarily built -out, the majority of new housing opportunities will have to replace existing development. In the proposed planning program the key sites for residential reuse follow the compact, transit -oriented pattern of our past, building on the transit access opportunities offered at the northern end of the city, in Downtown and along EI Camino Real. Beyond these areas, additional sites in "buffer areas" offer opportunities to improve compatibility between low -scale residential and other land uses. The site selection program evaluated residential densities and affordability, and these opportunities were influenced by community goals such as situating housing within proximity to transit and providing sensitive transitions between existing lower -scale residential neighborhoods and other uses. An infrastructure study and program confirmed that services are available through collection and processing facilities that are in place to support these programs. Implementation of the 2009-2014 Housing Element demonstrated the effectiveness of using local legislation to achieve housing policy. Zoning changes were implemented to incorporate high density residential and mixed use zoning in the Downtown area, with incentives such as reduced parking and increased height. Continuing the single family residential design review process effectively conserved neighborhood character while supporting maintenance of an older housing stock. A new second unit ordinance was implemented to allow second units on some R-1 zoned lots when certain development standards are met. The Second Unit Amnesty program was continued to legalize and preserve older second units in the single family zoned areas. COMMUNITY OPPORTUNITIES The 2009-2014 Housing Element set the foundation for policies and programs that provide the best opportunities to meet the City's fair share of housing needs. Starting with the areas already identified for housing opportunities in the Downtown and North Burlingame areas, additional opportunities were added within these areas and along the EI Camino Real Priority Development Area. The most effective programs from the 2009-2014 Housing Element have been carried forward, as well as new programs which will expand opportunities for zoning incentives to the transportation corridors as well as the transit hubs. EVALUATION OF THE 2009-2014 HOUSING ELEMENT There were several key programs which were most successful in implementing the goals and policies of the 2009-2014 Housing Element. These include the following: 1) Zoning Implementation for the Downtown Specific Plan, which created new multi- family and mixed use zoning districts within the Downtown area, and provided for reduced parking requirements for properties within this transit oriented area; 2) Adding a residential overlay zone in an older commercial area between two existing residential communities to allow for high density residential use; 3) Providing opportunities for emergency shelters for the homeless and for supportive and transitional housing as outlined in State law; 4) Adopting a Reasonable Accommodations for Accessibility Ordinance to establish a process by which an individual with a disability may request modification to development standards to install improvements such as ramps, handrails or lifts, necessary to accommodate the disability; and 5) Allowing for new secondary dwelling units subject to performance standards on some single family residential lots. Profile of the Community Page 6 Other programs that continued successfully throughout the planning period, which include: f 1) Continuation of the second unit amnesty program which allows nonconforming l second units which meet certain criteria to become a permanent part of the city's housing stock; and 2) Residential design review to provide for compatibility of additions and new construction with existing neighborhoods. All of these programs are being used as a basis for development of the 2015-2023 work program where the following is also proposed: 1) Additional incentives be offered in a wider area (along the EI Camino Real and California Drive transit corridors); 2) Consider adoption of a commercial impact in -lieu fee based on a nexus impact fee study and a residential in -lieu fee as an alternative to providing affordable units on site; and 3) Implement an outreach program for persons with disabilities. HOUSING GOALS, POLICIES AND ACTION PROGRAM The Housing Element's goals and policies describe the City's land use and development parameters for residential land uses. The action program for each policy describes the specific means and targets for each program to implement the City's housing policies between 2015 and 2023. The Housing Element is unique because a quantified eight-year program is required. Each action program also has a specific time frame. These requirements form the basis of the annual progress report provided to the City Council. II. Introduction ROLE AND ORGANIZATION OF HOUSING ELEMENT Each city and county in California is required to plan for the housing needs of all economic segments of its population. California Government Code Section 65400 sets forth requirements for a Housing Element, one of the seven mandatory elements of a local general plan. Communities in the nine Bay Area counties are required to update their Housing Elements by January 31, 2015. The law sets guidelines for the preparation and adoption of a Housing Element. Local governments are required to "make a diligent effort" to involve all economic segments of their population in development of the Housing Element. The future local housing needs numbers for Burlingame which are to be addressed in the housing element were developed by the twenty-one cities within San Mateo County, as well as the County itself, with the help of the Association of Bay Area Governments (ABAG). The twenty-one cities, organized as the 21 Elements Technical Advisory Committee, determined a methodology for housing unit allocation specific to their region. Local governments are also directed by the government code to address housing needs by lowering barriers and encouraging the construction of housing for all economic segments of the population; but local governments are not required by State mandate to build housing directly or commit the City's operating funds to the effort of building housing. Profile of the Community Page 7 Burlingame's Housing Element identifies strategies and programs that focus on: • Preserving and improving housing and neighborhoods; • Providing adequate housing sites; • Assisting in the provision of affordable housing; • Removing governmental and other constraints to housing investment; and • Promoting fair and equal housing opportunities. The City's Housing Element consists of the following major components: • An analysis of the city's demographic, household and housing characteristics and related housing needs. • A review of potential market, governmental, and infrastructure constraints to meeting Burlingame's identified housing needs. • An evaluation of residential sites, financial and administrative resources available to address the City's housing goals. • The Housing Element Work Program for addressing Burlingame's housing needs, including housing goals, policies and programs. The Burlingame Housing Element is a statement of community housing goals and policies. It outlines the strategies that will be pursued to implement the community's housing objectives during the planning period (2015-2023). The action program identifies the strategies to be pursued in conserving and improving the existing housing stock, in providing adequate sites for future housing; in assisting in developing affordable housing, in removing government constraints which might affect housing production and cost; and in promoting housing opportunities within the community. The goals, policies and action program for the 2015-2023 Burlingame Housing Element is included in this report as its own section. SOURCES OF INFORMATION Burlingame's current Housing Element was prepared in 2009 and was certified by the California Department of Housing and Community Development (HCD) the same year. The present document is an update of the 2009-2014 Housing Element. In preparing the Housing Element, various sources of information are consulted. Demographic, economic, and housing data, prepared by 21 Elements, became the basis for analysis. It was supplemented by additional data from the U.S. Census and American Community Survey. This updated element uses population data and housing and employment data from the 2000 and 2010 Census; the 2009-2011 American Community Survey; income limits from the Department of Finance; projections from the Association of Bay Area Governments Projections 2013 forecasts for tir;:: San Francisco Bay Area; ABAG's Certified Final 2013 Regional Housing Needs Allocation (RHNA); and current local perspectives and opportunities related to housing collected from local sources as referenced in the text. A list of all the data sources used in preparation of Burlingame's 2015-2023 Housing Element is included at the end of the document. Profile of the Community Page 8 CIVIC ENGAGEMENT To create an inclusive process in the development of housing policy, the City of Burlingame hosted two community workshops, along with Planning Commission and City Council meetings open to the public. The workshops were publically advertised, and attendees comprised Burlingame residents, local organizations and affordable housing providers. Planning Commission and City Council meetings that discussed the Public Review Draft prior to initial submittal to the Department of Housing and Community Development (HCD) provided opportunities for additional public input, as did adoption hearings to approve the Final Housing Element. City staff created an open process that allowed residents to learn more about the Housing Element process and comment on housing issues (see the Appendix A). In the two community workshops, informational materials were available in hardcopies at the meetings and posted on the City's website www.burlingame.org, under the Community Development Department webpage. Attendees were given opportunities to ask questions and make comments during the meeting. City staff was also available to speak with residents after the meeting. The public was invited to attend Planning Commission and City Council meetings prior to submittal of documents to HCD. Through these avenues, the City established open channels to provide information and gather input. The key discussion points in the community workshops reflected the nature of development opportunities available in a built -out community such as Burlingame, located in a region with ever-increasing housing prices. In the first community workshop, audience members were given the opportunity to comment on housing issues after hearing an overview of demographic and housing characteristics of the city. They voiced support for mixed use development, expressed concern about rising housing prices in the city and around the ` region and discussed whether developers would be attracted to constructing smaller units. l In the second community workshop, City staff opened discussion about opportunity sites for development. Those who attended the meeting expressed general agreement with the sites proposed by City staff, which were selected largely from sites identified in the existing Housing Element and expanded to include new parcels largely near those sites. Other discussions covered issues about areas that were no longer available for housing, the challenges of developing sites where the parcels are owned by different parties, the requirements for second unit development and the existing constraints on sites that were not included in the proposed opportunity sites. CONSISTENCY WITH OTHER GENERAL PLAN ELEMENTS The Burlingame General Plan provides the long-range policy direction for future land use and development within the city. The General Plan is made up of nine elements, one of which is the Housing Element. It is essential that the goals and policies of all of the General Plan elements should be internally and mutually consistent. If the Housing Element as adopted makes other elements of the general plan inconsistent, those elements should be adjusted. While the Housing Element is the primary document regarding housing, the other elements establish goals, policies, objectives and actions that have a relation or directly affect housing. The Land Use Element establishes categories of net residential density which are confirmed on the plan diagram: low density up to 8 dwelling units per acre; medium density 9 to 20; medium high density 21- 50; and high density over 50 dwelling units per acre. In Profile of the Community Page 9 addition, Specific Plans for the North Burlingame/Rollins Road area, the Bayfront Area, and the Downtown area near the Burlingame Train Station have been adopted. These Specific Plans are refinements of the General Plan and also specify residential densities. Areas of the city identified as having potential for residential development include the North Burlingame area between EI Camino Real and the railroad tracks, and along Trousdale Drive between Magnolia Avenue and Ogden Drive; in the Downtown area along Howard Avenue and California Drive; and on Carolan Avenue, south of the Northpark Apartments. These areas were identified for future housing development in the 2009-2014 timeframe and continue to be areas of housing opportunity for the 2015-2023 Housing Element. A review of the policies, objectives and actions of the other elements indicates that the proposed policies and implementing actions of this Housing Element are also consistent with the intent of these other elements in the General Plan as well as local and regional planning documents. Compliance with the San Mateo County Comprehensive Airport Land Use Plan, as amended, for San Francisco International Airport: Government Code Section 65302.3 requires that a local agency general plan and/or any affected specific plan must be consistent with the applicable airport/land use compatibility criteria in the relevant adopted airport land use plan (CLUP). The housing policies, goals, programs, and any other provisions to accommodate future housing development, as specified herein, do not conflict with the relevant airport/land use compatibility criteria contained in the San Mateo County Comprehensive Airport Land Use Plan, as amended, for San Francisco International Airport. PREPARATION OF THE HOUSING ELEMENT The Housing Element was prepared in house by the Burlingame Community Development Department staff with technical assistance provided by Metropolitan Planning Group. The Housing Element programs were developed building on the lessons learned through the implementation of the 2009-2014 Housing Element and by widening the scope of the successful Housing Element programs. Profile of the Community Page 10 III. Profile of the community BURLINGAME TODAY Burlingame's residential population has experienced only a modest growth over the past twenty years. The city's population in 2010 was 28,806, which is only a 2.3 percent increase from the 2000 population of 28,158 and a 7.48 percent increase from the city's 1990 population of 26,801. Despite these measures of growth, the region as a whole is projecting population growth in the coming decades and a share of this growth will look to be accommodated in Burlingame. The Association of Bay Area Governments' population projections predict an increase from 28,806 residents in 2010 to 31,700 in 2020, a further increase to 34,800 in 2030, and finally an increase to 38,400 in 2040. This amounts to about a 10 percent population increase each decade between 2010 and 2040. The demographic of the city's population has been steadily changing since 2000: • The White population, which had accounted for 76.9 percent of the population in 2000, had decreased to 67.7 percent in 2010, with gains from all other groups; • Age groups that experienced growth included school age residents (under 20) and older adults (45 to 74); • The population of adults between 20 and 44 years decreased as a whole; and • The median age of the population increased from 38.4 in 2000 to 40.5 in 2010. Burlingame's housing stock consists of 13,027 dwelling units, of which 48 percent are multiple family structures, 4 percent are single family attached structures (such as townhomes), and 48 percent are single family detached structures. Fifty-one percent of the ` housing stock in 2011 was occupied by renters. This proportional distribution is contrasted t with the rest of San Mateo County in which 59 percent of housing units in 2011 were owner - occupied and 41 percent were occupied by renters. The following are characteristics of the city's households: • In 2011, there were 12,137 households in Burlingame. The average household size was 2.3 persons. Owner -occupied units had an average household size of 2.6 persons, larger than the average household size of 2.1 persons in renter -occupied units. These figures were slightly lower than the San Mateo County average household size of 2.7 persons (2.8 persons in owner -occupied units and 2.7 in renter -occupied units); • Families constituted more than half of the households (56 percent) in Burlingame. Those families with children made up about 29 percent of all households. Four percent of househcl^s had a female head of household caring for children alone; and • In owner -occupied units, the vacancy rate was 1.3 percent, while the rate was 4.5 percent for renter -occupied units. The workforce and jobs in the city are projected to grow by 2040 together with (and in likelihood influencing) the population growth, based on the following trends: • The unemployment rate was 3.6 percent in 2013, compared 5.0 percent in San Mateo County; • In Burlingame, about 54 percent of households earned more than $75,000 and 19 percent earned less than $35,000; Profile of the Community Page 11 Professional, Scientific, Management, and Administrative and Waste Management Services was the industry group that employed the most residents (19.4 percent). Educational Services, Health Care and Social Assistance employed the second largest percent of residents (19.0 percent); and ABAG projects a growth of jobs to 37,780 by 2040, a 27.9 percent increase from 29,540 jobs in 2010. Since Burlingame is a built out community, the total number of housing units has remained fairly stable. • In 2010 there were 13,027 housing units in Burlingame; • Nearly three-quarters of the city's housing units were more than 50 years old (built before 1960), and almost two-thirds were more than 60 years old; • The median cost of a single family dwelling was $1,384,000. The median cost of a multiple family dwelling was $654,000; and • Average monthly rent for a 2 bedroom, 1 bathroom unit in 2013 was $2,346. HOUSING NEEDS ASSESSMENT Fundamental to Burlingame's housing policies and programs is an assessment of the components of the city's housing stock and the residents' needs. To determine the size and appropriate programmatic approaches, the needs assessment is divided into segments: household conditions, housing stock conditions, housing needs of special segments of the resident population, and evaluation of potential conversion of 'affordable" units to market rate. 1. Demographic Profile The type and amount of housing neede population growth and other demographic occupation, and income level combine to ability to afford housing. Population Growth and Trends d in a community are largely determined by variables. Factors including age, race/ethnicity, influence the type of housing needed and the Over the past 40 years, Burlingame's population has remained fairly stable in terms of total population. In 1970, the population was 27,320. It declined in 1980 to 26,171 and increased again in 1990 to 26,666, to 28,158 in 2000, and 28,806 in 2010. This represents an increase of 5.4 percent since 1970, including a 2.3% increase in the decade from 2000 to 2010. The Association of Bay Area Governments (ABAG) predicts a growing population over the next 30 years in the Bay Area, including Burlingame. Between 2010 and 2040, ABAG projects Burlingame to see an addition of nearly 10,000 new residents. The forecast anticipates a consistent percentage change of about 10 percent each decade. The growth anticipated in the ABAG projections would represent a significant departure from historic trends in Burlingame, however, with an assumption that the population will increase much faster than it had in previous years. During the past thirty years from 1980 to 2010 the Burlingame population increased by 2,635 (approximately 10 percent over thirty years), whereas ABAG anticipates an increase of 9,594 over the next thirty years from 2010 to 2040 (approximately 33 percent over thirty years). Profile of the Community Page 12 For comparison, the State Department of Finance (DOF) issues population estimates each f year for all California cities. These estimates are based on annual housing unit change data l that are supplied by local jurisdictions and the U.S. Census Bureau. Household population estimates are derived by multiplying the number of occupied housing units by the current persons per household. The persons per household estimates are based on 2010 census benchmark data and are adjusted by raking the current county population series into these estimates. From 2010 to 2014, the DOF estimates the population of Burlingame to have grown by 901 (3 per cent), for an average annual growth rate of 7.5%. DOF does not provide population growth projections on a city level, but anticipates the population of San Mateo County to grow approximately 18 percent between 2010 and 2040. Some explanation for the variation between the ABAG projections compared to historic trends and DOF data and projections would be assumptions about the location and nature of future development. ABAG anticipates a significant amount of development in the region over the next thirty years to be in infill locations within close proximity to transit and services. In many cities, this would represent a change in approach to development over the past thirty years. Burlingame is served by an existing rail station (Burlingame Caltrain), a regional multi -modal station (Millbrae BART/Multimodal), and frequent express bus service on EI Camino Real. Furthermore the Broadway Caltrain station is anticipated to return to full service by the end of the decade. Given that a significant portion of Burlingame is situated within proximity to transit and services, the ABAG assumption that future development in the region will focus on such areas would imply an increase in the city's rate of growth compared to historical trends. Furthermore, historical trends and DOF forecasts are based on existing housing stock, whereas ABAG forecasts account for projected employment growth in the region that will put pressure on the housing supply. This assumption presents challenges for Burlingame, however. Through its history, Burlingame's densest neighborhoods have developed in areas served by transit and services, so those areas assumed for future infill development are already developed with multiple family residential housing at relatively high densities. Typically infill projects in Burlingame involve replacing an existing use with a new, slightly more intensive new use. While new projects typically result in an increase in the number of units compared to the buildings being replaced, the net increase is less than if the sites were vacant or less intensively developed. Profile of the Community Page 13 T�hln TTT_t • Dr.nnlatinn rrnwth and PrniPrtinnc 50000 30000 Burlingame 20000 —4--Ccu my Average 1000'9 0 2DOD 2010 2020 2030 2040 Population Difference Percent Change 2000 (Census) 28,158 2010 (Census) 28,806 648 2.3% 2020 (Projected) 31,700 2,894 10.0 /0 2030 (Projected) 34,800 3,100 9.8% 2040 (Projected) 1 38,400 3,600 10.3% Source: ABAG Projections 2013 The Housing Element is the General Plan document that articulates the City's plan to accommodate a growing population. While each population projection uses its own methodology and takes different growth factors into account, a certain amount of population growth is likely with a corresponding necessity to plan for future housing needs. Profile of the Community Page 14 Age Characteristics Median Age The median age is the midpoint of the city's population distribution. Burlingame's median age in 2010 (40.5) increased from the median in 2000 (38.4). The growing number of residents who aged into the 45 to 74 year range, coupled with the decrease of residents in the 20 to 44 year range, contributed to the rising median age. Table ITI-2 shows the population changes between 2000 and 2010. Source: Census 2000 and 2010 Children Between 2000 and 2010, the school age population increased. Table III -2 shows that the number of residents under 20 accounted for 23.0 percent of the population in 2010, an increase from 20.7 percent in 2000. Over a decade, the group of children under the age of 5 increased by 19.3 percent and the group in the 5 to 9 year range increased by 23.7 percent. These trends show an expanding school age population that may place extra demand on school facilities. As children age the pressure to accommodate them throughout their education will be a continuing challenge. Profile of the Community Page 15 2000 2010 Difference 2000-2010 Percent Change000-2 2000-2010. Number Percent Number Percent Under 5 years 1,574 5.6% 1,877 6.5% 303 19.3% 5 to 9 years 1,516 5.4% 1,875 6.5% 359 23.7% 10 to 14 years 1,494 5.3% 1,591 5.5% 97 6.5% 15 to 19 years 1,230 4.4% 1,309 4.5% 79 6.4% 20 to 24 years 1,150 4.1% 1,100 3.8% -50 -4.3% 25 to 34 years 5,105 18.1% 3,933 13.7% -1,172 -23.0% 35 to 44 years 5,277 18.7% 4,939 17.1% -338 -6.4% 45 to 54 years 4,062 14.4% 4,691 16.3% 629 15.5% 55 to 59 years 1,356 4.8% 1,905 6.6% 549 40.5% 60 to 64 years 1,107 3.9% 1,540 5.3% 433 39.1% 65 to 74 years 1,818 6.5% 1,940 6.7% 122 6.7% 75 to 84 years 1,698 6.0% 1,308 4.5% -390 -23.0% 85 years and over 771 2.7% 798 2.8% 27 3.5% Total 28,158 100°/% 28,806 100% 648 2.3% Median Age 38.4 40.5 Source: Census 2000 and 2010 Children Between 2000 and 2010, the school age population increased. Table III -2 shows that the number of residents under 20 accounted for 23.0 percent of the population in 2010, an increase from 20.7 percent in 2000. Over a decade, the group of children under the age of 5 increased by 19.3 percent and the group in the 5 to 9 year range increased by 23.7 percent. These trends show an expanding school age population that may place extra demand on school facilities. As children age the pressure to accommodate them throughout their education will be a continuing challenge. Profile of the Community Page 15 Elderly Although persons of retirement age (65 and older) had decreased between 2000 and 2010, a growing segment of the population had been entering age groups on the verge of retirement, as shown in Table III -2. An overall decrease in the retirement age population was attributed to a significant decline of residents between ages 75 and 84, which decreased by 23 percent over a decade. Populations approaching retirement age had grown, however. Residents nearing retirement (age 60 to 64) comprised 3.9 percent of the population in 2000, growing 39 percent over a decade to 5.3 percent of the population in 2010. The population of older adults approaching retirement age - residents ages 55 to 59 - grew more than 40 percent over the same period of time. This trend of aging citizens coupled with a decrease in the working -age population between 20 and 44 years could impact the dynamics of the community in the coming years. Gender In 2010, 52 percent of residents were male and 48 percent female. Demographic characteristics related to female heads of household are described later in the document under Special Needs Populations. Ethnic Diversity Burlingame is becoming a more diverse city. Between 2000 and 2010, the number and proportional distribution of the White population had decreased while the population of all other groups had increased. The Asian/ Pacific Islander population saw the largest increase, ahead of all other groups with an addition of nearly 2,000 residents over a decade and enough to expand their proportional distribution from 14.3 percent of the population to 20.8 percent. Between 2000 and 2010, the Hispanic population had also grown, with nearly 1,000 new Hispanic residents added to Burlingame's population, representing a 32.4 percent increase. This contributed to a changing demographic where the Hispanic population now represents 13.8 percent of the Burlingame community. T.M. TTT-2• Para nnrd Fthniritv source: Census 2000 and 2010 Profile of the Community Page 16 2000 2010 Difference 2000-2010 Percent Change Persons Percent !PersonsPercent White 21,648 76.9% 19,510 67.7% 2,138 -9.9% Black 296 1.1% 360 1.2% 64 21.6% Asian/ Pacific Islander 4,016 14.3% 5,980 20.8% 1,964 48.9% Other 1,084 3.8% 1,525 5.3% 441 40.7% More than One Race 1,114 4.0% 1,431 5.00/0 317 28.50/a Hispanic 2,995 10.6% 3,966 13.8% 971 32.4% Not Hispanic 25,163 89.4% 24,840 86.2% -323 -1.3% Total population 28,158 1000/0 28,806 1000/0 source: Census 2000 and 2010 Profile of the Community Page 16 2. Employment and Travel Patterns The 2007-2011 American Community Surveys estimates that there were more than 14,700 employed residents in the city. According to U.S. Census OnTheMap 2011, there were approximately 35,600 jobs in Burlingame. Despite the large number of jobs relative to the number of residents employed, most residents actually worked outside of the city. • 12 percent of employees worked and lived in the city; • 22 percent worked in other cities around San Mateo County; 18 percent of Burlingame residents worked in San Francisco; 10 percent worked in Santa Clara County; and 7 percent worked in the East Bay. The small percentage of residents who worked and lived in Burlingame suggests that, for a number of Burlingame's employees, finding housing affordable and suitable for their households in the city is a significant challenge. The commute patterns of Burlingame residents show that car travel was the predominant mode of transportation but other modes, including public transportation, were viable options. The average commute time was 25.4 minutes in 2011. More than 72 percent of residents drove to work alone. About 22 percent found alternative transportation options, including 11 percent who used public transportation, as shown in Table III -4. Between 2000 and 2011, Burlingame had an increasing percentage of residents using public transportation and a decreasing percentage driving to work. Despite these changes, driving alone remains the predominant means for the commute. Since most residents worked outside of Burlingame, driving and spending an hour on the road continue to be expected parts of the daily commute. Table III -4: Commute Characteristics of Burlingame Residents Source: Census 2000 and ACS 2UU/-2u11 Profile of the Community Page 17 2000 2011 Drive Alone 77% 72% Carpool 7% 6% Public Transportation 8% 11% Walked 2% 3% Other Means 10/( 20X Worked at Home Source: Census 2000 and ACS 2UU/-2u11 Profile of the Community Page 17 Burlingame's 2012 Comprehensive Annual Financial Reports identifies the top 10 employers in the city. Virgin America was the largest employer in 2012, followed by Wright Medical Technology Inc. The remaining eight were comparable in their workforce sizes - from 460 to 555 employees. Table III -5: Burlinaame's Maior Emolovers Source: City of Burlingame, 2012 Profile of the Community Page 18 NUMBER & EMPLOYEES Virgin America, Inc 2,056 Wright Medical Technology Inc 1,200 United Natural Foods 555 Critchfield Mechanical, Inc 517 California Teachers Association 500 Getinge USA 500 Wine Warehouse 483 Hyatt Regency San Francisco Airport 467 Berkeley Farms 463 ECC Remediation Services Corp 460 Source: City of Burlingame, 2012 Profile of the Community Page 18 The largest industry in Burlingame was Transportation and Warehousing and Utilities, which categorized nearly one-third of the jobs in the city. The Professional, Scientific, / Management, Administrative, and Waste Management Services sector employment made up more than 16 percent of jobs in the city. Educational, Health, and Social Services sector employment made up nearly 15 percent of jobs in the city. More than 11 percent of jobs were in Arts, Entertainment, Recreation, Accommodation, and Food Services. Table III -6 shows the breakdown of employment industries. T�klo TTT_p- Tnhc in Rnrlinnam P. by Inclustry Source: 2011 U.S. Census OnThe Map The ABAG projects continued employment growth between 2010 and 2040 in Burlingame and San Mateo County. In their 2013 projections, ABAG used a base employment number of 29,540 jobs to forecast an employment figure of 37,780 in 2040. This 28 percent increase is comparable to the 29 percent increase projected in San Mateo County. Although employment figures and forecasts are expected to change over time, and ABAG will continue to adjust their predictions, Burlingame is expected to experience continued growth in employment. Profile of the Community Page 19 2011 Number Percent Transportation and Warehousing, and Utilities 11,243 31.5% Professional, Scientific, Management, Administrative, and Waste Management Services 5,859 16.4% Educational, Health, and Social Services 5,238 14.7% Arts, Entertainment, Recreation, Accommodation, and Food Services 4,145 11.7% Retail Trade 2,094 5.9% Finance, Insurance, Real Estate, and Rental and Leasing 1477 4.2% Manufacturing 1,269 3.6% Wholesale Trade 1,245 3.5% Other Services (except Public Administration) 1,116 3.1% Construction 1,075 3.0% Information 485 1.4% Public Administration 363 1.0% Agriculture, Forestry, Fishing and Hunting, and Mining 0 0.0% Total Jobs 35,609 100.0% Source: 2011 U.S. Census OnThe Map The ABAG projects continued employment growth between 2010 and 2040 in Burlingame and San Mateo County. In their 2013 projections, ABAG used a base employment number of 29,540 jobs to forecast an employment figure of 37,780 in 2040. This 28 percent increase is comparable to the 29 percent increase projected in San Mateo County. Although employment figures and forecasts are expected to change over time, and ABAG will continue to adjust their predictions, Burlingame is expected to experience continued growth in employment. Profile of the Community Page 19 The Professional, scientific, management, administrative and waste management services occupations were held by 2,858 residents in 2011. The second largest sector, with jobs held by 2809 residents, was Educational, health, and social services. The former experienced a decrease of 1.5 percent since 2000, whereas the latter experienced an increase of 21.2 percent. Educational, health, and social services had the largest growth in the number of jobs since 2000. The Information sector underwent the largest decline with 431 fewer residents holding jobs in the sector, or more than half of the number reported in 2000. Manufacturing had the second largest decrease with 342 jobs. T,1.1.. TTT-7• 1�kc 41.1A 6v Ouci.inntc by Tnrluctry Source: Census 2000 and ACS ZUU/-ZU11 Profile of the Community Page 20 2000 2011 Difference Percent' 2000-2011 ' Change Number Percent Number Percent Professional, Scientific, Management, Administrative, and 2,902 18.9% 2858 19.4% -44 -1.5% Waste Management Services Educational, Health, 2,317 15.1%- 2809 19.0% 492 21.2% and Social Services Retail Trade 1,712 11.1% 1431 9.7% -281 -16.4% Arts, Entertainment, Recreation, 1,236 8.0% 1372 9.3% 136 11.0% Accommodation, and Food Services Finance, Insurance, Real Estate, and Rental 1,564 10.2% 1358 9.2% -206 -13.2% and Leasing Construction 863 5.6% 1031 7.0% 168 19.5% Manufacturing 1,223 7.9% 881 6.0% -342 -28.0% Other Services (except 653 4.2% 875 5.9% 222 34.0% Public Administration Transportation and Warehousing, and 1,053 6.8% 722 4.9% -331 -31.4% utilities Wholesale Trade 626 4.1% 658 4.5% 32 5.1% Information 801 5.2% 370 2.5% -431 -53.8% Public Administration 412 2.7% 369 2.5% -43 -10.4% Agriculture, Forestry, Fishing and Hunting, 23 0.1% 32 0.2% 9 39.1% and Mining Employed Civilian Population 16 years 15,385 100% 14,766 100% -619 -4.0% and Over Source: Census 2000 and ACS ZUU/-ZU11 Profile of the Community Page 20 Table III -8• Workforce Age, Salary and Education Jobs by Worker Age Age 29 or Younger 16% Age 30 to 54 59% Age 55 or Older 25% Salaries Paid by Jurisdiction Employers - $1,250 per Month or Less 12% $1,251 to $3,333 per Month 30% More than $3,333 per Month 59% Jobs by Worker Educational Attainment Less than High School 9% High school or Equivalent, No College 15% Some College or Associate Degree 27% Bachelor's Degree or Advanced Degree 33% Educational Attainment Not Available 16% source: 2011 U.S. Census OnTneMap, via u Unemployment Rate According to the California Employment Development Department (EDD) the unemployment rate in San Mateo County was 5.0 percent in 2013. Of the 16,200 members of Burlingame's work force, 600 (3.6%) were unemployed at that time. This range is within what is considered "full employment" (typically defined as somewhere between 3 percent and 4 percent, reflecting the normal ebb and flow of the workforce as people transition between jobs). Page 21 Profile of the Community 3. Household Profile Household type and size, income levels, and the presence of special needs populations all affect the type of housing needed by residents. This section details the various household characteristics affecting housing needs in Burlingame. Household Size Burlingame had 12,137 households in 2011. More than half of households were renters, continuing a trend from 2000. The total number of households actually decreased from 2000. Table III -9 provides a summary of household data. T�hle TTT_O• Numhnr of Hnncnhnldc Source: 2000 US Census St -1, zUU9-ZU11 American Community purvey In 2011, Burlingame's average household size was 2.3 persons per household, smaller than the County size of 2.7 persons and State size of 2.9 persons. The size of households was larger for owners (2.6) than for renters (2.1). Tahlo TTT-1 n• AvPranP Rimae of Hnucehnlds_ Countv and State Comnarisons 2000 2011 Number Percent Number Percent Owner 5,987 47.9% 5,960 49.1% Renter 6,524 52.1% 6,177 50.9% Total 12,511 100% 12,137 100% Source: 2000 US Census St -1, zUU9-ZU11 American Community purvey In 2011, Burlingame's average household size was 2.3 persons per household, smaller than the County size of 2.7 persons and State size of 2.9 persons. The size of households was larger for owners (2.6) than for renters (2.1). Tahlo TTT-1 n• AvPranP Rimae of Hnucehnlds_ Countv and State Comnarisons Source: 2000 US Census SFl, 2UU9-tu11 American Community Survey, via a riements Profile of the Community Page 22 Burlingame County State Average Household Size 2.2 2.7 2.9 2000 percent Owners 48% 61% 57% Percent Renters 52% 39% 43% Average Household Size 2.3 2.7 2.9 Owners Average Household Size 2.6 2.8 3.0 2011 Renters Average Household Size 2.1 2.7 2.9 Percent Owners 49% 59% 56% Percent Renters 51% 41% 44% Source: 2000 US Census SFl, 2UU9-tu11 American Community Survey, via a riements Profile of the Community Page 22 Household Type Burlingame has undergone some change in its household types since 2000. The city had an 1 increase in families without children and a corresponding decrease in families with children. In 2011, families without children increased to 27.4 percent of the population from 24.1 percent in 2000. Table III -10 shows the proportional distribution of household types for 2000 and 2011. Over that period of time, single person households did not experience much change in terms of their population distribution. The trend indicates that while people have been forming family households with relative consistency, fewer of these households have children. Despite an increasing number of households without children, Burlingame still had a lower percentage than the County and the State in 2011, as shown in Table III -12. San Mateo County and the State as a whole also had lower percentages of single persons. This comparison suggests that more residents in Burlingame were in single person households rather than families compared to those in the County and the State. rohln TTT_1 I . Mniicehnid Tvne. between 2000 and 2011 Source: 2009-2011 American Community Survey, via 21 Elements, supplemented with Census 2000 r 1.1.. rrr_1'f. Llnucuhn1A rvna Cnnnty and State Comparison 2000 2011 ' Single person 35.6% 35.8% Family no children 24.1% 27.4% Family with children 31.5% 28.7% Multi -person, nonfamily 8.8% 8.2% Total 100% 100% Source: 2009-2011 American Community Survey, via 21 Elements, supplemented with Census 2000 r 1.1.. rrr_1'f. Llnucuhn1A rvna Cnnnty and State Comparison Source: 2009-2011 American Community purvey, via a oemenu Profile of the Community Page 23 3 Burlingame , County State Single person 35.8% 25.2% 24.3% Family no children 27.4% 36.7% 35.5% Family with children 28.7% 31.3% 33.0% Multi -person, nonfamily 8.2% 6.9% 7.2% Total households 12,137 256,305 12,433,049 Source: 2009-2011 American Community purvey, via a oemenu Profile of the Community Page 23 3 Household Income The median income in Burlingame was $83,098 according to the 2009-2011 American Community Survey. When adjusted for inflation to 2013 dollars, the median income for Burlingame was $88,915 in 2011. Approximately 19 percent of households earned less than $35,000. Households that earned more than $75,000 made up more than half (54%) of the households in the city. San Mateo County had a similar composition of households earning more than $75,000 (56%). Table III -13: Median Household Income Source: ABAG, via 21 Elements Profile of the Community Page 24 Burlingame County State Under $25,000 12% 12% 21% $25,000 to $34,999 7% 6% 9% $35,000 to $49,999 13% 10% 13% $50,000 to $74,999 141/b 16% 17% $75,000 to $99,999 139/b 12% 12% $100,000+ 41% 44% 28% Poverty Rate 7.2% 7.4% 16% Total 12,137 256,305 12,433,049 Median Income 2000 (adjusted for inflation to 2013 dollars $92,510 $95,606 $64,116 Median Income 2011 (adjusted for inflation to 2013 dollars $88,915 $91,958 $63,816 Source: ABAG, via 21 Elements Profile of the Community Page 24 4. Special Needs Populations Housing is a basic necessity of life for everyone. However, the search for decent affordable ` housing is greatly complicated for many individuals because of various barriers, including disability, advanced age, and life crisis. The City has identified several special populations that are in need of particular housing services and are most likely to be in the Extremely Low -Income category: seniors, persons with disabilities, large families, single -parent households, college students, and families and persons in need of emergency shelter. (Given Burlingame's urban location, farmworkers are not considered a population with special needs, but a short description is provided below.) Senior Households Seniors, the persons over the age of 65, have four primary concerns: 1) Income: People over 65 are usually retired and living on a fixed income; 2) Health Care: Because the elderly have a higher rate of illness and dependency, health care and supportive housing is important; 3) Transportation: Many seniors use public transit. However, a significant number of seniors have disabilities and require alternatives to transit; 4) Housing: Many seniors live alone and rent. Approximately 4,000 residents 65 years or older live in the city of Burlingame, representing 14 percent of the population. There were 2,343 senior households, more than 81 percent of which are homeowners. l rahla rrr-ta- Ceninr Householder Aae Source: 2009-2011 American t,ommunay purvey Seniors who live on fixed and limited incomes may encounter difficulties in finding affordacle housing. Nearly one-third of senior households in Burlingame have incomes under $30,000. About half have incomes under $49,000. Generally, persons 75 and older who are heads of household are homeowners, but there are many who are in the Low, Very - Low and Extremely -Low Income categories. Profile of the Community Page 25 Owner HH Renter HH 65 to 74 932 256 75 to 84 585 87 85 and over 387 96 Total 1904 439 Source: 2009-2011 American t,ommunay purvey Seniors who live on fixed and limited incomes may encounter difficulties in finding affordacle housing. Nearly one-third of senior households in Burlingame have incomes under $30,000. About half have incomes under $49,000. Generally, persons 75 and older who are heads of household are homeowners, but there are many who are in the Low, Very - Low and Extremely -Low Income categories. Profile of the Community Page 25 Table III -15: Elderly Households by Income Source: 2009-2011 American Communities Survey, via 21 Elements Table III -16: Elderly Households by Income, Tenure, and Age Burlingame County State Below Poverty Level 3% 6% 10% Income under $30,000 27% 28% 38% $30000-$49,000 18% 19% 20% $50,000-$74,999 14% 16% 16% $75,000-$99,999 16% 11% 9% $100,000+ 24% 26% 17% Total Seniors 2,343 55,093 2,474,879 Source: 2009-2011 American Communities Survey, via 21 Elements Table III -16: Elderly Households by Income, Tenure, and Age Source: CHAS Data 2006-2010, via 21 Elements Profile of the Community Page 26 Extremely Very I Lower Above Low Low Low Moderate Median <30% of 50% of 80% of Median Median Median 100% of >100% of Median Median Income Income Income Owner 41% 46% 35% 46% 59% All Ages Renter 59% 54% 65% 54% 41% Total 1,400 11075 2,000 1,380 5,685 Owner 44% 59% 57% 77% 85% Age 62-74 Renter 56% 41% 43% 23% 15% Total 135 135 305 300 555 Owner 72% 95% 80% 100% 97% Age 75+ Renter 28% 5% 20% 0% 3% Total 460 290 255 145 390 Source: CHAS Data 2006-2010, via 21 Elements Profile of the Community Page 26 Persons with Disabilities A disability is defined as a long lasting condition that impairs an individual's mobility, ability l to work, or ability to care for themselves. Persons with disabilities include those with physical, mental, or emotional disabilities. Disabled persons have special housing needs because of their fixed income, shortage of affordable and accessible housing, and higher health costs associated with their disability. The 2009-2011 American Community Survey reported that 1,835 persons in Burlingame had one or more disabilities, accounting for roughly 7 percent of the population. Table III - 17 shows the age and types of disabilities. It is important to note that a person may have multiple disabilities. T,I 1- TTT-19. Aran �nA Tvnn of nicnhiiifv Source: Zoog-Zoll Amencan Lommuni y Juwey, via a oeumnu The living arrangements for persons with disabilities de, end on the severity of the disability. Many persons live at home in an independent environment with the help of other family members. To maintain independent living, disabled persons may require assistance. This can include special housing design features for the physically disabled, income support for those who are unable to work, and in-home supportive services for persons with medical conditions. Accessible housing can also be provided via senior housing developments. Developmentally Disabled: Persons with developmental disabilities are a separate population identified by the State of California, with differing housing needs from others with disabilities. The Lanterman Developmental Disabilities Act ensures that "patterns and Profile of the Community Page 27 Number Percent Burl!ngame County, State Burlingame `- County State Under 18 with 82 3,270 280,649 1.3% 2.1% 3.0% Disabilit Age 18-64 with 856 23,231 1,8-43,497 3.0% 5.0% 7.9% Disability Age 65 + with 897 28,703 1,547,712 26% 31% 37% Disability Any Age with Any 1,835 55,204 3,671,858 6% 8% 10% Disability Any Age With 500 15,651 1,022,928 1.8% 2.2% 2.8% Hearing Disability With Vision 259 8,199 685,600 0.9% 1.1% 1.9% Disability With Cognitive 532 19,549 1,400,745 1.9% 2.7% 3.8% Disability With Ambulatory 888 29,757 1,960,853 3.1% 4.2% 5.3% Disability With Self Care 388 12,819 862,575 1.4% 1.8% 2.3% Disability With Independent 658 22,735 1,438,328 2.3% 3.2% 3.9% LivingDisability Source: Zoog-Zoll Amencan Lommuni y Juwey, via a oeumnu The living arrangements for persons with disabilities de, end on the severity of the disability. Many persons live at home in an independent environment with the help of other family members. To maintain independent living, disabled persons may require assistance. This can include special housing design features for the physically disabled, income support for those who are unable to work, and in-home supportive services for persons with medical conditions. Accessible housing can also be provided via senior housing developments. Developmentally Disabled: Persons with developmental disabilities are a separate population identified by the State of California, with differing housing needs from others with disabilities. The Lanterman Developmental Disabilities Act ensures that "patterns and Profile of the Community Page 27 conditions of everyday life which are as close as possible to the norms and patterns of the mainstream of society" are available to these individuals. Furthermore, the Olmstead v. L.0 and E.W. United States Supreme Court case required an "Integration Mandate" that "States are required to place persons with mental disabilities in community settings rather than institutions ... when determined to be appropriate." Despite these laws, people with developmental disabilities are finding it increasingly difficult to find affordable, accessible, and appropriate housing that is inclusive in the local community. A developmental disability is defined by the State as "a lifelong disability caused by a mental and/or physical impairment manifested prior to the age of 18 and are expected to be lifelong." The conditions included under this definition include: • Mental Retardation, • Epilepsy, • Autism, and/or • Cerebral Palsy, and • "Other Conditions needing services similar to a person with mental retardation." Source: Background Report, 2008, Developmental Disabilities Board Area 5 According to the Golden Gate Regional Center, the entity designated to provide all services for people living with developmental disabilities in the San Mateo County area, there are 138 persons with developmental disabilities living in Burlingame. According to the Department of Social Services — Community Care Licensing Division (April 2014), the city has 4 adult day care facilities, with a total capacity of 150 persons, capable of serving persons with developmental disabilities. Two adult residential facilities and one group home have the ability to accommodate persons with developmental disabilities and can serve up to 24 individuals at maximum capacity. The housing needs of persons with developmental disabilities can vary from person to person. Many live with parents or guardians. Some can live independently or in community care facilities. A prediction of housing needs for the developmentally disabled was calculated based on the living arrangement distributions presented in Table III -18 and estimates of population growth using ABAG population forecasts. Table III -19 shows the estimated housing need. Profile of the Community Page 28 1 -LI- TTr.-1Q. I :. w A---AOMOntC of Parcnnc with Develnomental Disabilities .......... ..tea ...... _.�... .... _.. __ ______ __ --- Number - Percent Lives with Burlingame County Burlingame County Parents/Legal Guardian 105 2,289 76% 66% Community Care Facility (1-6 Beds) 18 532 13% 15% Community Care Facility (7+ Beds) 0 73 0% 2% Independent/Supportive Living 12 349 9% 10% Intermediate Care Facility 0 191 0% 5% All Others 3 60 2% 2% Total: 138 3,494 1 100% 100°/% Source: Golden Gate Regional Center, via a tiemenis _a_.a Ll......:.... IJeeri Fnr ocrannc with navainnmPntal nkahllities Source: ABAG, Projections ZU1d; boiaen bare Kegionai Uernni, via 11 EIMIII�JIL> * Projections based on the proportion of persons with developmental disabilities to the 2010 City pop. ** Based on the proportion of persons not living with parents/guardians (24%) in Table III -17: Living Arrangements of Persons with Developmental Disabilities. Accessible Accommodations: Both the Federal Fair Housing Act and the California Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodations (i.e. modifications or exceptions) in their zoning and other land use regulations when such accommodations may be necessary to afford disabled persons an equal opportunity to use and enjoy a dwelling. For example, it may be a reasonable accommodation to allow covered ramps in the setbacks of properties that have already been developed in order to accommodate residents with mobility impairments. The Burlingame zoning ordinance has been amended to provide a process to request reasonable accommodations for these types of physical improvements to a residence. The City does not require special building codes or onerous project review to construct, improve, or convert housing for persons with disabilities. Residential care facilities with six or fewer persons are permitted by right in all residential zoning districts and several commercial districts. Care facilities with seven or more persons are also permitted in residential districts and several commercial districts, subject to a conditional use permit. Profile of the Community Page 29 `, 20102020` 2030 2040' Population 28,806 31,700 34,800 38,400 Persons with Developmental Disabilities* 138 152 167 184 Housing Need** 33 36 40. 44 Source: ABAG, Projections ZU1d; boiaen bare Kegionai Uernni, via 11 EIMIII�JIL> * Projections based on the proportion of persons with developmental disabilities to the 2010 City pop. ** Based on the proportion of persons not living with parents/guardians (24%) in Table III -17: Living Arrangements of Persons with Developmental Disabilities. Accessible Accommodations: Both the Federal Fair Housing Act and the California Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodations (i.e. modifications or exceptions) in their zoning and other land use regulations when such accommodations may be necessary to afford disabled persons an equal opportunity to use and enjoy a dwelling. For example, it may be a reasonable accommodation to allow covered ramps in the setbacks of properties that have already been developed in order to accommodate residents with mobility impairments. The Burlingame zoning ordinance has been amended to provide a process to request reasonable accommodations for these types of physical improvements to a residence. The City does not require special building codes or onerous project review to construct, improve, or convert housing for persons with disabilities. Residential care facilities with six or fewer persons are permitted by right in all residential zoning districts and several commercial districts. Care facilities with seven or more persons are also permitted in residential districts and several commercial districts, subject to a conditional use permit. Profile of the Community Page 29 `, Female Headed Households Single -parent households typically have a special need for such services as childcare and health care, among others. Female -headed households with children in particular tend to have lower incomes, which limits their housing options and access to supportive services. Female -headed households comprised 3,548 of 12,137 households in 2011, or 29.2 percent of all households. Most of these households were females living alone. Female -headed family households represented 8.4 percent of Burlingame's households according to the 2009-2011 American Community Survey, an increase in households since 2000. In particular, the percentage of single mother households increased from 3.5 to 4.4 percent. If a trend towards more female headed households with children continues, these households may require special services to meet their specific needs. Table III -20: Female Headed Households Source: 2009-2011 American Community Survey, via 21 Elements, supplemented by Census 2000 SFS & SF3 Table III -21: Female Headed Households, County and State Comparison 2000 2011 Number Percent Number Percent Female living with own children, no husband 436 3.5% 534 4.4% Female living with other family members, no husband 531 4.2% 483 4.0% Female living alone 2,615 20.9% 2,531 20.9% Total female -headed households 3,582 28.6% 3,548 29.2% Total Households 12,511 1000% 12,137 100% Source: 2009-2011 American Community Survey, via 21 Elements, supplemented by Census 2000 SFS & SF3 Table III -21: Female Headed Households, County and State Comparison Source: 2009-2011 American Community Survey, via 21 Elements Profile of the Community Page 30 Burlingame County State Number Percent Percent Percent Female living with own children, no husband 534 4.4% 4.4% 7.3% Female living with other family members, no husband 483 4.0% 6.0% 6.2% Female living alone 2,531 20.9% 14.5% 13.5% Total female -headed households 3,548 29.2% 25.0% 27.0% Total Households 12,137 100% 100% 100% Female Households Below Poverty Level NA 8.0% 7.8% 16.5% Source: 2009-2011 American Community Survey, via 21 Elements Profile of the Community Page 30 Large Households Large households (those with five or more persons) often have special housing needs due to their income and the lack of adequately sized, affordable housing. As a result, large households often live in overcrowded conditions. The lack of large units is especially evident among rental units. Based on the CHAS (Comprehensive Housing and Affordability Strategy) Databook prepared by HUD, Burlingame's large renter households suffer from one or more housing problems, including housing overpayment, overcrowding and/or substandard housing conditions. Burlingame had 850 large households, accounting for approximately 7 percent of all households. There were 575 owner -occupied units with large households and 275 renter - occupied units with large households. Of all large households, about one-third were renters. _u_ .e .... m--- k— and Hnneinn Prnhlamc Source: ZUUb-ZULU I.HAJ Ua[a, via a ociucuu Burlingame had more than 6,000 rental units, of which 725 (12%) have more than 3 bedrooms. A breakdown detailing the number of bedrooms in occupied units is shown in Table III -23. Given that the city had 275 large renter households, in theory there should be an adequate supply of rental units to accommodate the city's large families. However, 4.1% of rental units were either overcrowded or extremely overcrowded, as shown in Table III - 24, indicating that some larger families may not necessarily be renting the larger units. Tahla TTT-774• Housina Units by Bedroom and Tenure Burlingame Number' Percent County. Percent State Percent Owner occupied Housing Problems 275 48% 59% 61% o 0 No Housing Problems 300 SZ /0 41 /0 0 39 /o Renter -occupied Housing Problems 180 65% 84% 81% No Housin Problems 95 35% 16% 19% Source: ZUUb-ZULU I.HAJ Ua[a, via a ociucuu Burlingame had more than 6,000 rental units, of which 725 (12%) have more than 3 bedrooms. A breakdown detailing the number of bedrooms in occupied units is shown in Table III -23. Given that the city had 275 large renter households, in theory there should be an adequate supply of rental units to accommodate the city's large families. However, 4.1% of rental units were either overcrowded or extremely overcrowded, as shown in Table III - 24, indicating that some larger families may not necessarily be renting the larger units. Tahla TTT-774• Housina Units by Bedroom and Tenure Source: 2009-2011 American Uommunicy purvey Profile of the Community Page 31 Units Total: 12,137 Owner occupied: 5 -19 -6 -0 - 960No No bedroom 0- 1 bedroom 264 2 bedrooms 5203 1-1-52-0- 3 bedrooms 2,356 4 bedrooms 1,365 5 or more bedrooms 455 Renter occupied: 6,177 No bedroom 611 1 bedroom 3,053 Z bedrooms 1,78-8 3 bedrooms 552 4 bedrooms 97 5 or more bedrooms 76 Source: 2009-2011 American Uommunicy purvey Profile of the Community Page 31 T.M. TTT-94• Numhar of nuprcrnwded 11nits Source: 2009-2011 American Community Survey, via Zl dements Homeless The number of homeless persons and families has been increasing nationally and in the Bay Area. The demographics of the homeless also have been changing, from predominately single persons often with substance abuse or mental illness to an increasing number of families unable to afford high rents. According to the San Mateo County Homeless Census and Survey, there were 2,281 homeless people in Santa Mateo County counted in 2013. Approximately 43 percent of these individuals were found in shelters; 57 percent were unsheltered. In the city of Burlingame, 13 persons were counted during this survey; all of whom were unsheltered. Although these numbers represent small fractions of the total population (less than one percent at both the city and county level), the shelter and care needs of homeless individuals are great. Farmworkers Farmworkers are traditionally defined as persons whose primary incomes are earned through seasonal agricultural work. Farmworkers have special housing needs because they earn lower incomes than many other workers and move throughout the season from one harvest to the next. The USDA 2012 Census of Agriculture found that 1,722 farmworkers were hired in San Mateo County. However there are no farms in Burlingame, and ABAG reported only 20 Burlingame residents working in Agriculture and Natural Resources ]obs, representing less than 0.01 percent of the population. This low percentage, combined with the fact that there are no agricultural lands or farm labor housing within or adjacent to the City's limits, indicates that the number of actual farm workers in Burlingame is very small and, therefore, the -City has no specialized housing programs targeted to this group beyond overall programs for housing affordability. Profile of the Community Page 32 Occupied Homes Burlingame Percent Burlingame County State Not overcrowded 5,896 99% 96% 96% Owner Overcrowded 52 0.9% 3% 3% Extremely overcrowded 12 0.2% 1% 1% Not overcrowded 5,923 96% 86% 86% Renter Overcrowded 95 1.5% 8% 8% Extremely overcrowded 159 2.6% 5% 6% Source: 2009-2011 American Community Survey, via Zl dements Homeless The number of homeless persons and families has been increasing nationally and in the Bay Area. The demographics of the homeless also have been changing, from predominately single persons often with substance abuse or mental illness to an increasing number of families unable to afford high rents. According to the San Mateo County Homeless Census and Survey, there were 2,281 homeless people in Santa Mateo County counted in 2013. Approximately 43 percent of these individuals were found in shelters; 57 percent were unsheltered. In the city of Burlingame, 13 persons were counted during this survey; all of whom were unsheltered. Although these numbers represent small fractions of the total population (less than one percent at both the city and county level), the shelter and care needs of homeless individuals are great. Farmworkers Farmworkers are traditionally defined as persons whose primary incomes are earned through seasonal agricultural work. Farmworkers have special housing needs because they earn lower incomes than many other workers and move throughout the season from one harvest to the next. The USDA 2012 Census of Agriculture found that 1,722 farmworkers were hired in San Mateo County. However there are no farms in Burlingame, and ABAG reported only 20 Burlingame residents working in Agriculture and Natural Resources ]obs, representing less than 0.01 percent of the population. This low percentage, combined with the fact that there are no agricultural lands or farm labor housing within or adjacent to the City's limits, indicates that the number of actual farm workers in Burlingame is very small and, therefore, the -City has no specialized housing programs targeted to this group beyond overall programs for housing affordability. Profile of the Community Page 32 Extremely -Low Income and Very -Low Income Households and Housing Provided The CHAS 2006-2010 database reported 1,405 extremely -low income (ELI) households, l representing 11.6 percent of the total households (12,137) in the city of Burlingame. In addition, 1,075 households were defined as very -low income, representing another 8.9 percent of total households. Assuming the same proportions over time (i.e. no change in income) and utilizing ABAG projections of 13,620 households by 2020 and 14,890 households by 2030, it is estimated that there will be approximately 1,577 ELI households and 1,206 very -low income households by 2020, and 1,724 ELI and 1,319 very low income households by 2030. For the purposes of meeting the RHNA, half of the very -low income units are assumed to be needed by ELI households. This is consistent with the proportion determined by the CHAS data and HCD provisions. Table III -25 shows the income limits for various income categories. T ki TTT_OC• 1 imita Source: HCD State Income Limits 2013, via 21 Elements Profile of the Community Page 33 Extremely Very Low Low Moderate Above Moderate Low - <30% of 50070 of 800/0 of 120010 of >120% Median Median Median Median of Median Family Size Income, Income Income 1 $23,750 $39,600 $63,350 $86,500 >$86,500 2 $27,150 $45,250 $72,400 $98,900 >$98,900 3 $30,550 $50,900 $81,450 $111,250 >$111,250 4 $33,950 $56,550 $90,500 $123,600 >$123,600 5 $36,650 $61,050 $97,700 $133,500 >$133,500 6 $39,400 $65,600 $104,950 $143,400 >$143,400 Source: HCD State Income Limits 2013, via 21 Elements Profile of the Community Page 33 S. Housing Stock Characteristics This section identifies the characteristics of Burlingame's physical housing stock. This includes an analysis of housing growth trends, housing conditions, housing prices and rents, and housing affordability. Number of Housing Units Since Burlingame is a built out community, the total number of housing units has remained fairly stable. There were 13,027 units identified in the 2010 Census. The 2000 Census identified 12,869 housing units in Burlingame. Between 2007 and 2013, an additional 77 housing units were added. This is an average of 11 new units per year. As an older community with little remaining vacant residential land for new development, housing growth in recent years has primarily been attributable to infill on small residential sites. Table III -26: Number of Housing Permits Issued between 2007 and 2013 by ALL sa 40 Very Loc. 30 q. Lose 20 _ .. . Moderate s Above ;0 LL __ Fioesrate a 2007 2008 2009 2010 2011 2012 2013 Affordability 2007 2008 2009 2010 2io 2012 2013 Total. Very Low 0 0 0 0 0 0 0 Low 0 0 0 0 0 0 0 Moderate 1 1 0 1 5 0 8 Above Moderate 6 4 6 9 44 0 69 Annual Total 7 S 6 10 0 49 0 1 77 source: city or Buninganle, Ann uai tiennem rruyiese rceNuii wi nEJuci ny L CIE ICIIL nupi JIICuI Uu.nI �..�. ��... Profile of the Community Page 34 Increase in Housing Stock Burlingame has had an incremental increase in new housing units over the past several Housing Element cycles: • Between 1994 and 1998, 152 housing units were built in the city. Of these 152 new units, 102 units were multifamily, 2 units were single family, and the remaining 48 units were in an elderly housing development. • Between 1999 and 2007, 111 housing units were added to the city's housing stock, 38 market rate units and 73 moderately affordable units. • From 2008 to 2012, 7 moderate and 63 above moderate units were added. Housing developments under construction or in the building permit review phase are primarily comprised of condominium and apartment projects: • 1459 Oak Grove Ave is a 3 -unit condominium project (all market rate) that replaces a single family dwelling unit. 1321 EI Camino Real replaces a single family dwelling with a 5 -unit apartment building containing 1 moderate income unit. • 904 Bayswater Ave is a 6 -unit condominium project that replaces 5 existing units; one of the new units is a moderate income unit. • 1800 Trousdale Drive features a new 25 unit condominium (22 market, 3 moderate income) that replaces an office building. • 1225 Floribunda Ave (5 market rate, 1 moderate income, replacing 2 existing units) has submitted an application for building permits and is expected to be completed within the planning period. Cumulatively, these projects would result in 45 new units, with 39 market rate and 6 deed - restricted affordable units, replacing 9 units and an office building. In addition to projects under construction, several pending proposals could add a number of units to the housing stock: • 1509 EI Camino is a 15 -unit condominium project (13 market rate, 2 moderate income) that would replace 11 existing units. • 556 EI Camino Real is a 25 -unit project (22 market, 3 moderate income) that would replace 14 existing units. • 1433 Floribunda Ave is a 10 -unit project (9 market rate, 1 moderate income) that would replace 5 units. • 21 Park Road proposes 8 units (7 market rate, 1 moderate income) that would replace an existing commercial use on the site. These projects could add up to 58 new units to the city, with 51 market rate units and 7 deed -restricted affordable units, while replacing 30 units and a commercial use. Housing Type and Tenure Table III -27 presents the mix of housing types in Burlingame. Typical of a built out community, the overall distribution of housing types in the city has remained relatively stable. Of the city's more than 13,000 housing units in 2010, 48 percent were single-family homes and 50 percent were multi -family units. The remaining 2-3 percent of units (approximately), are made up of "attached" single-family units. Burlingame has no mobile home units. Profile of the Community Page 35 Single Family Homes Vs Multiple Family Units Single-family detached homes made up 48 percent of Burlingame's housing stock. Single- family attached units were 4 percent of the housing stock. Multiple family units were 48 percent of the housing stock and are occupied predominantly by renters. The housing composition in Burlingame is contrasted with the greater prevalence of single family detached homes in the County (57%) and the State (58%). The high percentage of multiple family units in Burlingame gives the community a unique character and different range of housing opportunities compared to the greater proportion of single family housing stock found in many jurisdictions in the County and around the State. TahlP TII-27: Housing Units by Tvoe Type Percent. Number' Single Family Detached 48% 6,246 Single Family Attached 4% 543 2 units 3% 354 3 or 4 units 6% 842 5 to 9 units 12% 1,530 10 to 19 units 13% 1,660 20 or more units 14% 1,764 Mobile Home or Other 1% 88 Total 100% 13,027 Source: Percentages from 2009-2011 American Community Survey, via 21 Elements, supplemented by Census 2010 housing counts Tnhlo iii-7Re Hnucinn llnitc by Tvoe and Tenure Source: 2009-2011 American Community Survey Profile of the Community Page 36 Owner - Renter Number Percent Number Percent' 1, detached or attached 5,330 44% 1,088 9% 2 to 9 units 161 1% 2,321 19% 10 or more units 402 3% 2,748 23% Mobile home and all other types of units 67 1% 20 <1% Sub total 5,960 49% 6,177 51% Total households 12,137 100% Source: 2009-2011 American Community Survey Profile of the Community Page 36 Table III -29. Housin Units b T e, Count and State Comparison Source: ZUU9-tu11 Amencan lAmmun EY Jurvey, via a cicuicii I Renter Vs Owner Occupied Housing tenure refers to whether a housing unit is owned, rented or is vacant. Tenure is an important indicator of the housing climate of a community, reflecting the relative cost of housing opportunities, and the ability of residents to afford housing. Tenure also influences residential mobility, with owner units generally exhibiting lower turnover rates than rental housing. According to the 2009-2011 American Community Survey, 49 percent of Burlingame's households were homeowners. The 2009-2011 American Community Survey indicates that of Burlingame's occupied units, 49 percent were owner occupied and 51 percent were renter occupied. The number of owner occupied units has increased from 48 percent in 2000. Thin TTT_gn• Mnucehnldc by Tenure --.---- Burling ame County State Single Family Detached 48% 57% 58% Single Family Attached 4% 9% 7% 2 units 3% 2% 3% 3 or 4 units 6% 5% 6% 5 to 9 units 12% 6% 6% 10 to 19 units 13% 6% 5% 20 or more units 14% 14% 11% Mobile Home or Other 1% 1% 4% Source: ZUU9-tu11 Amencan lAmmun EY Jurvey, via a cicuicii I Renter Vs Owner Occupied Housing tenure refers to whether a housing unit is owned, rented or is vacant. Tenure is an important indicator of the housing climate of a community, reflecting the relative cost of housing opportunities, and the ability of residents to afford housing. Tenure also influences residential mobility, with owner units generally exhibiting lower turnover rates than rental housing. According to the 2009-2011 American Community Survey, 49 percent of Burlingame's households were homeowners. The 2009-2011 American Community Survey indicates that of Burlingame's occupied units, 49 percent were owner occupied and 51 percent were renter occupied. The number of owner occupied units has increased from 48 percent in 2000. Thin TTT_gn• Mnucehnldc by Tenure --.---- -"..-Percent,. Owners 48% 2000 Renters 52% Owners 49% 2011 Renters 51% Source: 2009-2011 American Community Survey, via 21 Elements Vacancy Rate A vacancy rate measures the overall housing availability in a community and is often a good indicator of how efficiently for -sale and rental housing units are meeting the current demand for housing. A vacancy rate of five percent for rental housing and two percent for ownership housing is generally considered healthy and suggests that there is a balance between the demand and supply of housing. A lower vacancy rate may indicate that households are having difficulty finding housing that is affordable, leading to overcrowding or households having to pay more than they can afford. F., Profile of the Community Page 37 The 2010 Census reports a homeowner vacancy rate of 1.3 and a rental vacancy rate of 4.5. The vacancy rate had increased for owners since 2000, when the homeowner rate was 0.4 and the rental rate was 4.5. Housing Age and Condition The age of a community's housing stock can provide an indicator of overall housing conditions. Typically housing over 30 years in age is likely to have rehabilitation needs that may include new plumbing, roof repairs, foundation work and other repairs. Condition of Housing Stock Based on building permit activity, with many new homes replacing older homes, second floor additions and remodels, the overall condition of the housing stock in Burlingame has been improving. Between 2007 and 2013, the City has issued 99 permits for new single family dwelling units and 2,165 permits for residential alterations. The City has also issued 347 permits for bathroom upgrades and 279 permits for kitchen upgrades, most of which were for residential units. In 2000, the number of housing units in the city was 12,858. The 2010 Census reported 13,027 units. Approximately 87 percent of these units were built prior to 1980. Typically, structures over 30 years old may be in need of major repairs, however, discussions with the City's Code Enforcement Officer revealed that no units have been cited for property upkeep or identified as unfit for human habitation in the past seven years. Tahle TTT-31: Aae of Housino Stock as of 2010 �-urce: Percentages from 2009-2011 American Community Survey, via 21 Elements, supplemented by Census 2010 housing count. Profile of the Community Page 38 Percent Units Built in 2000 or more recently 4% 529 Built in 1990s 5% 598 Built in 1980s 4% 512 Build in 1970s 14% 1,819 Built in 1960s 15% 1,892 Built 1950s or earlier 59% 7,676 100% 13,027 �-urce: Percentages from 2009-2011 American Community Survey, via 21 Elements, supplemented by Census 2010 housing count. Profile of the Community Page 38 Housing Cost and Affordability The cost of housing is directly related to the extent of housing problems in a community. If housing costs are relatively high in comparison to household income, there will be a higher prevalence of overpayment and overcrowding. This section summarizes the cost and affordability of the housing stock to Burlingame residents. Housing Costs The median price of a single-family home ranged from $1.2 million to $1.6 million between 2005 and 2012. During this period the price peaked to $1,652,000 for single-family homes and $771,000 for multiple family homes in 2007, before a steep drop during the housing crisis and recession. After a decline in prices between 2007 and 2011, single-family and multiple family home prices rose in 2012. With the recovering housing market in the region, Burlingame may see an increase in median sale prices in following years. r,�i.. rrr_oo. Mi. A!-- ur.ma Coln. Drirac_ 7nnR-7M 7 _ - Single Family Multi Family Burlingame County State Burlingame County State 2005 $1,575,029 $939,148 $576,436 $0 $586,432 $498,848 2006 $1,617,477 $961,170 $636,410 $747,500 $625,140 $534,980 2007 $1,652,134 $935,536 $594,272 $771,288 $600,432 $493,920 2008 $1,485,802 $865,512 $485,784 $672,840 $554,364 $412,776 2009 $1,402,284 $749,304 $365,580 $618,300 $465,696 $337,716 2010 $1,321,072 $762,910 $359,948 $576,998 $449,507 $333,733 2011 $1,296,534 $691,439 $330,527 $551,050 $390,576 $300,142 2012 $1,384,217 $660,944 $305,727 $654,480 $360,065 $271,185 Source. San Mateo County ASSOciate OT Keamors, Aa]u5Luu iur wuauuu w'uio wuai o, via a There is a significant difference between the maximum affordability price of a home and the actual median values of single family homes and condominiums. The maximum affordable home price is based on annual income. Table ITI-33 shows a large disparity between a maximum affordable price and the median price in San Mateo County. A median -priced single family home for a single person earning the median income is more than four times the person's maximum afr-rdable price. A median -priced condominium is more than twice the maximum affordable price. For persons who earn less than the median income, the affordability gap becomes even larger and a median priced home becomes more than four times their maximum affordable home price. Profile of the Community Page 39 TahlP IIT -33: Abilitv to Pav for For -Sale Housino Source: Baird+Driskell Community Planning; San Mateo County Association of Realtors, via 21 Clements Renter Vs Owner Occupied: Since 2010, rents in Burlingame and San Mateo County have been increasing. In 2010, the average rent for a two-bedroom, one -bath apartment in Burlingame was $1,847. The average rent rose to $2,364 in 2013. In 2010, the median rent in San Mateo County was $1,760 for a two-bedroom unit. The rent for a two-bedroom unit in 2013 grew to $2,234. The rental prices in 2013 were the highest recorded over the past decade. Affordability of rental units will continue to be a concern for lower income families. Profile of the Community Page 40 Median Affordability Maximum Priced Gap for Median Priced - Affordability Annual Affordable Single Single Townhouse Gap for Income Home Family Family or Condo Price Detached Home Condominium Home Single Person Extremely $23,750 $97,114 $1,384,217 -$1,287,103 $654,480 -$557,366 Low Income Very Low $39,600 $161,925 $1,384,217 -$1,222,292 $654,480 -$492,555 Income Low Income $63,350 $259,039 $1,384,217 -$1,125,178 $654,480 -$395,441 Median $72,100 $294,818 $1,384,217 -$1,089,399 $654,480 -$359,662 Income Moderate $86,500 $353,699 $1,384,217 $1,030,518 $654,480 $300,781 Income Four Person Extremely $33,950 $138,822 $1,384,217 -$1,245,395 $654,480 $515,658 Low Income Very Low $56,550 $231,233 $1,384,217 -$1,152,984 $654,480 -$423,247 Income Low Income $90,500 $347,655 $1,384,217 -$1,036,562 $654,480 -$306,825 Median $103,000 $370,055 $1,384,217 -$1,014,162 $654,480 -$284,425 Income Moderate $123,600 $505,402 $1,384,217 -$878,815 $654,480 -$149,078 Income Source: Baird+Driskell Community Planning; San Mateo County Association of Realtors, via 21 Clements Renter Vs Owner Occupied: Since 2010, rents in Burlingame and San Mateo County have been increasing. In 2010, the average rent for a two-bedroom, one -bath apartment in Burlingame was $1,847. The average rent rose to $2,364 in 2013. In 2010, the median rent in San Mateo County was $1,760 for a two-bedroom unit. The rent for a two-bedroom unit in 2013 grew to $2,234. The rental prices in 2013 were the highest recorded over the past decade. Affordability of rental units will continue to be a concern for lower income families. Profile of the Community Page 40 Tahle TTT-34e Averaae Rents in Burlinaame Source: RealFacts Annual Trends Report (adjusted for inflation to 2013 dollars), via 21 Elements Table III -35: Countvwide Median Rental Rates Studio 1 Bdrm 1 Bath. 2 Bdrm i Bath 3 Bdrm 2 Bath 2003 Price Percent Increase Price Percent., Increase Price Percent Increase Price Percent Increase 2005 $1,102 x $1,467 x $1,784 1 x $2,642 x 2006 $1,206 9% $1,505 3% $1,777 0% $2,798 6% 2007 $1,287 7% $1,612 7% $1,857 5% $3,046 9% 2008 $1,426 11% $1,703 6% $2,029 9% $3,304 8% 2009 $1,331 -7% $1,730 2% $1,882 -7% $2,943 -11% 2010 $1,253 -6% $1,592 -8% $1,847 -2% $3,399 16% 2011 $1,381 10% $1,772 11% $2,069 12% $3,306 -3% 2012 $1,635 18% $1,964 11% $2,397 16% $3,557 8% 2013 $1,686 3% $1,931 -2% $2,346 1 -2% $3,345 -6% Source: RealFacts Annual Trends Report (adjusted for inflation to 2013 dollars), via 21 Elements Table III -35: Countvwide Median Rental Rates Source: San Mateo County Department of Housing, via 21 Elements Second units can provide an affordable rental option for households. Based on a survey of 39 secondary dwelling units on Craigslist, prepared by 21 Elements in December 2013, the median price of secondary rental units in San Mateo County was $1,350. Rents ranged from $500 to $2,650, and unit sizes var =j from studios to two-bedroom units. Alth _gh the survey was based on a small sample, some information was gleaned about the breakdown of second unit rental affordability: • 3 percent was affordable to extremely low income one and two person households. • 12 percent was affordable to very low income one and two person households. 57 percent was affordable to low income one person households. 0 64 percent was affordable to low income two person households. • 18 percent was affordable to moderate income one person households. 0 16 percent was affordable to moderate income two person households Profile of the Community Page 41 ibr Yearly Increase ir 26r Yearly Increase' 2003 $1,580 -9.2% $1,916 -7.9% 2004 $1,503 -4.9% $1,806 -5.8% 2005 $1,472 -2.1% $1,698 -6.0% 2006 $1523 3.4% $1714 0.9% 2007 $1628 7.0% $1,840 7.4% 2008 $1,715 5.30% $1,957 6.3% 2009 $1,672 -2.5% $1,871 -4.4% 2010 $1555 -7.0% $1,760 -5.9% 2011 $1,600 2.9% $1,818 3.3% 2012 $1,824 14% $2,087 15% 2013 $1,954 7.1% 1 $2,234 1 7.1% Source: San Mateo County Department of Housing, via 21 Elements Second units can provide an affordable rental option for households. Based on a survey of 39 secondary dwelling units on Craigslist, prepared by 21 Elements in December 2013, the median price of secondary rental units in San Mateo County was $1,350. Rents ranged from $500 to $2,650, and unit sizes var =j from studios to two-bedroom units. Alth _gh the survey was based on a small sample, some information was gleaned about the breakdown of second unit rental affordability: • 3 percent was affordable to extremely low income one and two person households. • 12 percent was affordable to very low income one and two person households. 57 percent was affordable to low income one person households. 0 64 percent was affordable to low income two person households. • 18 percent was affordable to moderate income one person households. 0 16 percent was affordable to moderate income two person households Profile of the Community Page 41 Overpayment With the high cost of housing in and around the city, households often spend a large portion of their income on housing. According to CHAS data from the U.S. Department of Housing and Urban Development, overpayment is defined as households that spend more than 30 percent of income on housing. More than 40 percent of households in the city were either overpaying or severely overpaying for housing. About 29 percent of all households in the city were categorized in the low or very low income range and experienced some level of housing overpayment. Table III -36 shows households overpaying by income category. Overpayment and severe overpayment greatly affect very low to low income renter households and moderate to above moderate owner households, as shown in Table III -37. Table III -36: Households Overoavina Source: CHAS 2006-2010 based on Acs, via ABAG 1013 Data for Bay Area Housing Elements Table III -37: Households Overoavino by Tenure Overpaying (30-500/o of HH Income) Severely Overpaying (>50% of HH Income) Number Percent ofPercent _ Total HH Number of Total HH" Very Low Income <_50% of HAMFI 655 6% 1,435 12% Low Income 50- 80% 935 8% 350 3% Moderate 80 to 120% 435 4% 250 Z% Above Moderate 1200/0+ 555 5% 190 2% Total 2,580 .22% 2,ZZ5 19% Source: CHAS 2006-2010 based on Acs, via ABAG 1013 Data for Bay Area Housing Elements Table III -37: Households Overoavino by Tenure oource: UHAs 20ub-Lu10 Oasea on ACS, via ABAG 2013 Data for Bay Area Housing Elements Overpayment disproportionately affects younger households (between 15 and 24 years old) and older households (65 years and above). For younger households, this is likely due to the fact that they recently purchased homes at high prices and are stretching their incomes to pay monthly costs. For older households, this is likely due to the fact that residents in this age group may be retired and receive fixed incomes. Profile of the Community Page 42 Overpaying (30-50% of HH Income) Severely Overpaying (>50% of HH Income) Owner Renter Owner Renter Very Low Income :550% of HAMFI 180 475 595 840 Low Income 50- 80% 140 795 295 55 Moderate 80 to 120% 265 170 250 0 Above Moderate 120%+ 545 10 190 0 Total by Tenure 1,130 1,450 1,330 895 Total Units paying 30-50% 2,580 2,225 oource: UHAs 20ub-Lu10 Oasea on ACS, via ABAG 2013 Data for Bay Area Housing Elements Overpayment disproportionately affects younger households (between 15 and 24 years old) and older households (65 years and above). For younger households, this is likely due to the fact that they recently purchased homes at high prices and are stretching their incomes to pay monthly costs. For older households, this is likely due to the fact that residents in this age group may be retired and receive fixed incomes. Profile of the Community Page 42 According to the 2006-2010 CHAS Data Query Tool from the Department of Housing and 6 Urban Development, a high percentage of low income households were overpaying for t housing. Overpayment affects about 88 percent of extremely low income households, 79 percent of very low income households, and 64 percent of low income households. The majority of owner households in all lower income categories that overpaid for housing were contributing more than 50 percent of their incomes. Most extremely low income renter households paid more than 50 percent of their incomes to housing. The majority of very low and low income renter households paid between 30 and 50 percent towards housing. Table III -38 shows the percentage of households overpaying at different income categories. T�L1.. TTT-'f a, e I ^xa, Tnr^mP iinmicPhniric Source: CHAS 2006-2010 Data Query Tool, via HUD Overcrowding Overcrowded housing is defined as units where the number of occupants is greater than the number of rooms. An overcrowded unit has greater than 1 and up to 1.5 persons per room. An extremely overcrowded unit has more than 1.5 persons per room. In Burlingame, about 150 households were living in overcrowded conditions and about 170 households were living Profile of the Community Page 43 Owner Renter Total Percent PercentPercent in HH in HH in HH # Income` # Income # Income Level Level Level Overpaying 120 21% 95 12% 215 15% (30-50% of Income) Extremely Severely Overpaying 360 62% 660 80% 1020 73% Low (>50% of Income) Income Total Overpaying 480 83% 755 92% 1235 88% HH Total Extremely Low 580 100% 825 100% 1405 100% Income HH Overpaying 55 11% 380 65% 435 40% (30-50% of Income) Very Low Severely Overpaying 235 48% 180 31% 415 39% Income (>50% of Income) HH Total Overpaying 290 59% 560 96% 850 79% Total Very Low 490 100% 585 1000/a 1075 100% Income HH Overpaying 140 20% 795 61% 935 47% (30-50% of Income) Low Severely Overpaying 295 42% 55 4% 350 17% Income (>50% of Income) HH Total Overpaying 435 62% 850 65% 1285 64% Total Low Income 705 100% 1300 100% 2005 100% HH Source: CHAS 2006-2010 Data Query Tool, via HUD Overcrowding Overcrowded housing is defined as units where the number of occupants is greater than the number of rooms. An overcrowded unit has greater than 1 and up to 1.5 persons per room. An extremely overcrowded unit has more than 1.5 persons per room. In Burlingame, about 150 households were living in overcrowded conditions and about 170 households were living Profile of the Community Page 43 in extremely overcrowded units. A greater number of renter households faced overcrowded conditions than owner households. Although overcrowding was not an issue among the majority of residents, it did affect a number of residents, especially renter households where 1.5 percent lived in overcrowded conditions and 2.6 percent lived in extremely overcrowded conditions. Overcrowding may be associated with housing problems that affect the quality of life. The cost burden of housing affected more than 90 percent of extremely low and very low income renter households. Owner households that experience cost burdens included 83 percent of extremely low income households and 59 percent of very low income households. Cost burden was an issue for more than 60 percent of low income households, for both renters and owners. Table III -39: Overcrowding Source: Z009-2011 American Community Survey, via 21 Elements Table III -40: Housina Problems - Cost Burdens Number Percent- Extremely Low Income Not overcrowded 5,896 990/0 Owner Overcrowded 52 0.90/0 15% Extremely overcrowded 12 0.2% 73% Not overcrowded 5,923 96% Renter Overcrowded 95 1.5% 0% Extremely overcrowded 159 2.6% Source: Z009-2011 American Community Survey, via 21 Elements Table III -40: Housina Problems - Cost Burdens source: unAa uaca zuub-2uiu, via a tiemenis Profile of the Community Page 44 Total Renters Total Total Owners Households Extremely Low Income Percent without adequate kitchen or plumbing 9% 0% 5% Cost Burden >30% to 49% of income 12% 21% 15% Cost Burden >50% of income 80% 62% 73% Total 825 580 1405 Very Low Income Percent without adequate kitchen or plumbing 0% 0% 0% Cost Burden >30% 96% 59% 79% Total 585 490 1075 Low Income Percent without adequate kitchen or plumbing 0% 0% 0% Cost Burden >30% 65% 62% 64% Total 1300 705 2005 source: unAa uaca zuub-2uiu, via a tiemenis Profile of the Community Page 44 Assisted Housing at Risk of Conversion The State Housing Element law and HUD Consolidated Plan regulations require cities to prepare an inventory including all assisted multi -family rental units which are eligible to 1 convert to non -low-income housing uses due to termination of subsidy contract, mortgage prepayment, or expiring use restrictions. State Housing Element law requires this inventory to cover a ten-year evaluation period following the statutory due date of the Housing Element (January 31, 2015); whereas the HUD regulation requires the inventory to cover only the five-year planning period of the Consolidated Plan. According to a study conducted by the California Housing Partnership Corporation published in August 2008, the city of Burlingame has no HUD subsidized properties (with HUD 236 and 221 (d)(3) mortgages and/or Section 8). In 2014, CHPC confirmed again that there were no HUD subsidized affordable housing properties in the city. This means that there are no units at risk of conversion to market rate. While the City does maintain over 100 Section 8 contracts, those contracts are tied to individual households, not units. 6. Regional Housing Needs State law requires that a housing element quantify existing and projected housing needs for persons of all income levels within each community, including the community's share of the regional housing need by income level. The Association of Bay Area Governments (ABAG) is responsible for preparing estimates of local and regional housing need based on factors prescribed by State Law (Section 65884 or Article 10.6). The factors included in the division of the regional housing need into individual community assignment are: market demand for housing, availability of suitable sites and public -facilities, commuting patterns, housing type and tenure, and housing needs of farm workers. In addition ABAG looks at regional and L local vacancy rates and at housing values and rents as indicators of market demand. l Household projections are based on employment opportunities, availability of sites and commuting patterns. Type of housing is based on census data and regional projections. Existing Housing Needs The projected housing need obligation for the 2015 to 2023 planning period is 863 units. Of these units, the city will need to accommodate 420 low to extremely low income housing units. From 2009 to 2013, 59 above moderate income and 6 moderate income units have been built. No low or very low income units were constructed during that period. Eight -Year Projected Housing Need State law requires that each community consider the housing needs of people of all income levels. In addition, State law requires that the regional housing needs should be balanced throughout the region so that communities will not be impacted with relatively high proportions of lower income housing. In considering existing need, we also should give attention to the number of existing units needed to replace substandard structures or substandard living conditions generally marked by overcrowding and overpayment. ABAG has the responsibility of projecting the housing needs for the 2015-2023 period based on the factors identified in State law. The eight-year housing need numbers include market rate housing as well as units for those with lower incomes. The projected need number is Profile of the Community Page 45 the number of dwelling units needed to provide for the total expected household growth and Burlingame's share of the projected regional housing need. For this cycle, the 21 cities within San Mateo County, and the County as well, combined efforts to develop a housing allocation for the sub -region. The projected need number for the planning period (2015- 2023) for Burlingame is 863 dwelling units. Following are the projected housing need numbers for 2015 through 2023 for the City of Burlingame by income category: Table III -41: Proiected Housing Need by Income Cateaory Income Category Definition Income for No. ofFamily of 4 Units Extremely Low Household income up to $33,950 138 o 0-30% of AMI Very Low Household income up to $56,550 138 31-50% of AMI Low Household income up to $90,500 144 51-80% of AMI Median Income Area Median Income $03,000 AMI Moderate Household income up to $123,600 155 81-120% of AMI Above Moderate Household income above Market Rate 288 120% of AMI Total Current need 863 Average Yearly Need 108 Source: ABAG, Final ZU14-Z0Z2 Kegional Housing Need Allocation by county, via 21 Elements; Income for family of 4 from HCD State Income Limits 2013, via 21 Elements Profile of the Community Page 46 IV. Housing Constraints One of the roles of the Housing Element is to identify possible constraints to the creation of affordable housing. Constraints can be government policies, financial burdens, market trends, environmental factors, and more. This section will discuss potential constraints, both governmental and non-governmental to the production of housing. GOVERNMENTAL CONSTRAINTS 1. Land Use Regulations General Plan: The General Plan establishes land uses and land use densities for the city of Burlingame. Residential densities and corresponding zoning designations are as follows: single family uses (up to 8 dwelling units per acre) R-1; medium density (duplex at 9 to 20 units per acre) R-2; medium high (21 to 50 units per acre); and high density (51 plus units per acre) R-44. Specific Planning Areas: North Burlingame/Rollins Road Specific Plan: The North Burlingame/Rollins Road Specific Plan, adopted in 2004, specifies areas in North Burlingame for multiple family residential uses with a maximum density of 40 units per acre. Mixed uses projects with a residential component are also allowed, with a maximum density of 40 units per acre for the residential portion of the project. To implement the North Burlingame/Rollins Road Specific Plan, the TW (Trousdale West) and ECN (EI Camino North) zoning designations have been established. The TW zone district allows by right both stand-alone multifamily residential development or mixed office ` and residential development. It is also required that at least one-half of the floor area be in t residential use. In a mixed use building, the maximum residential density is 30 units per acre, and a stand-alone multi -family residential development would have a maximum density of 40 units per acre. The zoning requires a minimum building height of 3S feet, and a maximum height which varies from 62 to 75 feet, depending on the street frontage. The zoning also encourages reduced setbacks, requiring a front build -to line of ten feet. These standards would encourage development at the upper ranges of density, and would also encourage re -use of sites that are now developed with smaller office buildings. There are many single story offices that were built in the 1960's and 1970's in this area. The ECN zone district allows by right both stand-alone multi -family residential development or mixed office/retail and residential development. The density for both stand-alone and mixed use residential is 40 units per acre, and the mixed use project must include a r-Sidential component. In this zone, there is a minimum building height of 35 to 48 feet, depending on the street frontage, and maximum allowed heights of between 62 and 75 feet. Depending on the street frontage, structures are required to be constructed at a front build - to -line, in some cases with no setback. Density bonuses are given to a development when the project includes lot consolidation. Downtown Specific Plan: The Burlingame Downtown Specific Plan was adopted by the City Council on October 4, 2010, and the implementing zoning for the plan was adopted by the Council on September 19, 2011. Downtown Burlingame is divided into a series of Planning Areas, and each planning area or district provides for a different mix of uses and intensities. Multi -family residential uses are permitted in eight of the twelve areas, both on the ground floors and upper floors of buildings. The zoning districts within the Downtown Specific Plan area where multi -family residential uses are permitted are HMU (Howard Mixed Use), CAR Housing Constraints Page 47 (California Auto Row), MMU (Myrtle Mixed Use), BMU (Bayswater Mixed Use) as well as the R-3 and R-4 zoned properties within the Downtown Area. The adopted zoning for the downtown area includes parking reductions for sites within the downtown area based on the fact that they are within walking distance to the transit centers. Additional incentives outside of the Downtown Specific Plan regulations would apply for affordable housing and lot consolidation. The CR zone is for a very small area along California Drive with through lots to Edgehill Drive. The mixed use zone provides for retail commercial development on California Drive, combined with residential development fronting on Edgehill. The residential development standards are similar to the R-2 standards which apply to other properties along Edgehill Drive. Although there has been one project built within this zone within the last 10 years, there are no opportunity sites identified within this district. Zoning Ordinance: The City of Burlingame's Zoning Ordinance sets forth requirements that can affect the type, appearance and cost of housing built in Burlingame. The zoning ordinance sets the standards for lot size, use, lot coverage, floor area ratio, setbacks, height, open space and parking. In Burlingame, there are four residential zoning districts. With implementation of the North Burlingame/Rollins Road and Downtown Specific Plans, there are also several mixed use districts (C-R, TW, ECN, HMU, CAR, MMU and BMU), allowing all multi -family residential or mixed commercial/residential use. All of these mixed use zoning districts are close to the city's major transportation corridors, encouraging residential development in these locations. The minimum residential lot size in Burlingame is 5,000 square feet. There are some areas in the city, mostly hillside areas, where the minimum lot size is 7,000 and 10,000 square feet. There are also some nonconforming 3,000 and 4,000 square foot parcels in the city's older subdivisions. The lot coverage allowed for single-family development is 40%, and 50% coverage is allowed for multiple family development. Lot coverage on corner lots in R-3 and R-4 zoning districts is 60%. Side setback requirements are based upon lot width, range from 4 to 7 feet, and are required for all residential developments. The minimum front and rear setback requirement is 15 feet. Private and shared open space are required only for residential condominium developments. These requirements are on a per unit basis, with 75 square feet of private open space required per unit, and 100 square feet of common open space required per unit. Floor area ratio pertains only to single-family projects and depends on the lot size, location and placement of the house. Unlike other cities in San Mateo County, over half of Burlingame's housing stock is multi- family units. The densities of the multi -family units vary from 20 units per acre, to over 50 units per acre. Except for the addition of residential condominium requirements for multiple family units in the 1970s, the zoning regulations for multi -unit developments have, not changed much over the years. Burlingame does not have density limits (units per acre) established by zoning in the residential zoning districts, except for a density limit of 40 units per acre is required in the residential mixed use zoning districts (ECN and TW) in North Burlingame. Within the Downtown Specific Plan, there is an average maximum unit size of 1,250 square feet per unit (meaning the average unit size of all units cannot exceed 1,250 square feet), which in effect serves as a minimum density. In practice, the number of parking spaces that can be accommodated on a site is the ultimate determination of the maximum number of units on a multiple family zoned lot. The parking requirement in Burlingame is based upon the number of bedrooms, per unit. One Housing Constraints Page 48 and one-half spaces are required for each studio or one -bedroom unit; two parking spaces required for a two bedroom unit; two and one-half spaces required for a three or more bedroom unit. Within the Downtown Burlingame area, the parking requirement for multi- family districts is reduced based on the area's proximity to the Caltrain station and regional bus routes. Within Downtown Burlingame, one space is required for each studio or one bedroom unit; one and on -half spaces for each two bedroom unit; and two spaces for units with three bedrooms or more. Guest parking is required only for multiple family condominium projects and is required based upon the project size. Guest parking is not required for projects within the Downtown Specific Plan area. Parking is one of the major limiting factors in developing high-density housing in Burlingame. Often parking in below grade structures is used to increase the dwelling unit densities in multi -family developments, through typically only one level of underground parking is financially feasible for projects. The Code allows group residential facilities for the elderly to be built with 25% of the required parking per unit. Except within the Downtown Specific Plan area, there are currently no provisions for reduced parking for multi -family development near mass transit, although some compact spaces are allowed. The height limit for residential structures in the R-1 and R-2 zoning districts is two and one- half stories or 30 feet, and can be increased to 36 feet to accommodate design features of certain architectural styles. The R-3 zoning district has a height limit of four stories or 55 feet and the R-4 zoning district is six stories or 75 feet in height. A conditional use permit is required for any multiple family structure over 35 feet in height. However, the inclusionary zoning regulations contain an incentive which allows heights up to 46 feet (4 stories) by right for any project which complies with the inclusionary zoning provisions. In addition, heights of between 62 and 75 feet are allowed by right for residential uses in the TW and ECN zones (North Burlingame). In the Downtown Specific Plan area, heights up to 55 feet are allowed by right in the HMU and R-4 Incentive areas; within the MMU and BMU zoned areas, heights up to 35 feet are allowed by right and up to 45 feet (MMU) or 55 feet (BMU) are allowed with a Conditional Use Permit. At the north end of the city near the BART station in Millbrae, there are height limits imposed by the FAA and SFO Airport. The maximum height in the portions of this area affected by the flight paths is limited based on the Height Restrictions specified in the San Mateo County Comprehensive Airport Land Use Plan. Comprehensive Airport Land Use Compatibility Plan: The City/County Association of Governments of San Mateo County (C/CAG) has found that the Burlingame 2015-2023 Housing Element is consistent with the policies established in the Comprehensive Airport Land Use Compatibility Plan (November 2012). Policies that govern the safety of critical airways from obstructions beneath the calculated ascent and descent profiles are found under section 4.5.4 (Airspace Protection Policies) in the Plan. Proposed projects in Burlingame must be compliant with policies as established in the Plan, including: 1) notification and filing requirements (4.5.4, AP -1); 2) design recommendations from findings in FAA aeronautical studies (4.5.4, AP -2); 3) height restriction and filing requirements (4.5.4, AP -3); and 4) C/CAG review and project consistency with FAA regulations for land uses that may cause flight hazards (4.5.4, AP -4). Federal Aviation Administration: All future housing development in the city of Burlingame, within the area bounded by Murchison Drive, Sequoia Avenue, Quesada Way, Davis Drive, Dufferin Avenue and California Drive will require formal FAA review, per the FAA Form 7460- 1 review process. The project sponsor is responsible for this requirement, at or before the time of project submittal to the City. The City considers the FAA's evaluation and recommendation (s), as part of its review of the proposed project. Housing Constraints Page 49 In areas where there are airport height restrictions, the FAA requires that an applicant obtain a "Determination of No Hazard to Air Navigation." In the North Burlingame area, the airport height restrictions generally extend higher than the 75 foot height limit of the ECN and TW zone districts. However, since it is a sloped surface, there is the potential for the project to be affected. The applicant submits the proposed project plans to the FAA, the FAA staff reviews the height proposed by the project and compares it to the obstruction standards of the FAA regulations. This process is an administrative process, and generally takes about 30 days for a determination. Of the four projects reviewed by the FAA within the North Burlingame area, none have exceeded the FAA's obstruction standards. Conditional Use Permits: A Conditional Use Permit (CUP) is a regulatory mechanism to allow the proper integration into the community, uses which may be suitable only in specific locations in a zoning district, or only if such uses are designed or arranged on the site in a particular manner. Per the City of Burlingame Zoning Ordinance, the Planning Commission may impose such requirements and conditions with respect to location, construction, maintenance, operation, site planning, traffic control and time limits for the use permit as it deems necessary for the protection of adjacent properties and the public interest. The Planning Commission may grant a Conditional Use Permit if, from the application or the facts presented at the public hearing, it finds: a) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or convenience; b) The proposed use will be located and conducted in a manner in accord with the Burlingame general plan and the purposes of this title; c) The planning commission may impose such reasonable conditions or restrictions as it deems necessary to secure the purposes of this title and to assure operation of the use in a manner compatible with the aesthetics, mass, bulk and character of existing and potential uses on adjoining properties in the general vicinity. (Ord. 1378 § 8 (part), (1988)) In 2011, the City Council adopted zoning implementation for the Housing Element which includes definitions for emergency shelters, transitional housing, supportive housing and temporary housing. The code indicates that the uses are permitted by right in any zone that allows residential uses, subject to the same restrictions as other residential uses of the same type in the same zone. Second Units: A second unit amnesty program was adopted by the City Council to legalize existing second units on single family zoned (R-1) lots. The program was originally adopted for two years, and has since been made a permanent program. Burlingame first adopted a zoning code in 1921 when second units were allowed on R-1 zoned lots. In January 1954, R-1 district regulations were revised to allow only one dwelling on an R-1 zoned lot. Many of the older second units were originally built during the housing crisis associated with World War II, and the program sought to retain existing units as a legal part of Burlingame's housing stock. The units are usually smaller, more affordable, and are suitable for single or elderly people with limited incomes. The intent of the program was also to make these units safe and sanitary for the current and future tenants. In order for a second unit to qualify for the amnesty program it must meet certain criteria, including being able to conform to the requirements of the California Health and Safety Code. The amnesty process is primarily administrative and includes an inspection by the Building Inspector and notification to neighbors within 100 feet of the property. Any appeals Housing Constraints Page 50 are resolved by the Planning Commission. If all the criteria are met and no appeals are filed, the unit is granted amnesty. With the grant of amnesty for a second unit, some limitations are placed on the property including future expansion of the second unit and a requirement that one of the two units on-site be owner occupied. In 2011, the City Council amended the zoning code to also allow construction of new second units on certain properties subject to complying with performance standards. The new second dwelling unit is required to be on a lot with a minimum lot size of 6,000 square feet, there shall be no more than one secondary unit on a lot with one primary dwelling, one of the units shall be occupied by the property owner, the secondary unit shall be a studio or one -bedroom unit limited to a maximum unit size of 640 square feet, and shall comply with the other measurable standards of the zoning. Residential Design Review: Design review is required for second story additions, new construction and first floor additions which involve substantial construction in the residential zoning districts. The intent of the design review is to preserve the original and unique patterns of the distinct residential neighborhoods in Burlingame. Design review is required for both single family and multi -family projects. Concurrent Processing: When a project requires more than one type of application (such as Design Review and a Conditional Use Permit), the applications are processed concurrently, which reduces the overall timeline for processing. Factory -Built and Mobilehome Units: Factory built housing or mobilehome units would be considered similar in use as a single-family use. These units are permitted in all residential zones, and if a new structure, would require Design Review consistent with any new single- family home. Approval of factory built or mobilehome unit would not require additional regulatory requirements over and above similar uses in the same zone. Homeless Shelters: The zoning ordinance provides the opportunity for homeless shelters in the R-3, R-4, C-1 and C-2 zoning districts. These districts allow temporary homeless shelters in conjunction with a church or nonprofit institution on those properties located along a transportation corridor. Most of the properties along EI Camino Real are zoned R-3, and many of the community's churches are located along this corridor. Conditional use permits have been granted at several local churches along the EI Camino Real corridor for the Interfaith Hospital Network program which provides shelter at the churches to homeless families on a rotating basis. In 2011, the City Council adopted zoning implementation for the Housing Element which allows homeless shelters by right subject to performance standards in the northern part of the RR (Rollins Road) zoning district. The City of Burlingame had identified the northern portion of the Rollins Road area as the appropriate zone to accommodate emergency shelters. In addition to being near transit, this area is appropriate for this type of facility because it is located near support services including the new Peninsula Hospital and grocery stores. There are about 70 properties in the RR zoned area with the zoning overlay allowing homeless shelters subject to performance criteria. These properties range in size from 0.35 acres to 13.63 acres. It is anticipated that a smaller homeless shelter could be accommodated on a site between 0.5 and 1.0 acres, and a larger homeless shelter would fit on a parcel between 1.0 and 2.0 acres in size. There are 20 properties in this area between 0.5 and 1.0 acre in size, and there are 22 properties between 1.0 and 2.00 acres. Most of Housing Constraints Page 51 these properties are now developed with older light industrial or warehouse buildings which may be suitable for conversion, or could be replaced with a new building. The identified area can accommodate a shelter large enough to have capacity for the City's unmet homeless need. The 2013 San Mateo County Homeless Census and identified 13 unsheltered persons in Burlingame. Depending on the size of site required, and other amenities provided in a homeless shelter, an adequately sized facility could be accommodated in this zone. While the majority of the sites are less than one half acre, there are opportunities for site consolidation, as well as sites that are one acre or more. Transitional and Supportive Housing: This type of facility is longer term than a temporary shelter and generally provides housing for people with specific needs for six months or longer to allow them time to rehabilitate, save money, and search for permanent housing and jobs. These types of facilities are often located in converted apartment buildings. In 2011, the City Council adopted zoning implementation for the Housing Element which includes clear definitions for transitional and supportive housing as outlined in State law, and provides that these uses are allowed by right in all zones which allow residential uses, only subject to those restrictions that apply to other residential uses of the same type in the same zone. InnVision Shelter Network, a non-profit organization which operates programs providing both emergency shelter and transitional housing throughout San Mateo County, now operates four transitional housing facilities for families and one facility for shingle adults. The facility located in Daly City serves northern San Mateo County with housing and services for 14 families, the facility in Menlo Park serves southern San Mateo County with services for 23 families, and the facility in Redwood City serves central San Mateo County from Burlingame to Redwood City with housing and services for nine families. There is also a facility in the City of San Mateo which offers transitional housing for 39 families. The facility for single adults in Redwood City serves 75 persons. Other programs also provide support for persons facing homelessness, such as the Housing First Program, which provides financial assistance for permanent housing to persons who are homeless but have reliable incomes, and the Bridges Program, which provides transitional housing while formerly homeless individuals enroll in schools to obtain job skills. The City of Burlingame contributes financial support to InnVision Shelter Network in its annual budget as well as other programs to increase housing options such as HIP Housing, Samaritan House and Samaritan House Safe Harbor — Winter Shelter. As noted above, pursuant to Senate Bill 2, the City of Burlingame has amended its zoning code to require that an application for supportive and transitional housing will be treated equal to any other multifamily residential project application in process and review. See Housing Element Policy H(D-5). Single -Room Occupancy (SRO) Units: SRO Units would be considered similar in use to a multi -family development, permitted in multi -family residential zones in a new development, subject to Environmental Review. Any new building or multi -family residential use requires these same entitlements; therefore approval of SRO housing would not require additional regulatory requirements over and above similar uses in the same zone. Burlingame Fair Property Rights Ordinance. In 1987, the voters of Burlingame passed an Ordinance called the Burlingame Fair Property Rights Ordinance (`Measure T"). This ordinance contains the provision that an owner of real property has the right to establish the price for which that property may be sold, leased, rented, transferred or exchanged. The ordinance further states that the City of Burlingame shall enact no law which imposes Housing Constraints Page 52 restrictions on the price for which real property may be sold, leased, rented, transferred or exchanged. Therefore, in order to implement a program that includes rent control, the matter would have to be brought to the voters of the City of Burlingame to repeal the t provisions of this ordinance that might be in conflict with the anticipated rent control program. 2. Building Codes The City of Burlingame applies the 2013 California Building Code (CBC) and California Fire Code (CFC) to review minimum health and safety standards for residential and commercial construction projects. There are local amendments that require more restrictive standards for certain items. The local amendments that apply to housing include a requirement for the installation of automatic fire sprinkler systems in all residential developments larger than 2,000 square feet in area and for structures taller than two stories. For all structures, residential included, all storm water roof drainage must be collected and conveyed to the public storm water system. There are seismic standards applied, and extra engineering may be required for structures in the hillside areas. Because Building and Fire Code standards are established for life safety reasons, it is not reasonable to consider not complying with the Code in order to reduce housing costs. Burlingame enforces energy conservation standards enacted by the State. The standards may increase initial construction costs, but will reduce household costs over the long term by reducing energy costs. In addition, for residential remodels and new construction, applicants are required to complete a Build It Green "Green Points" checklist to document what measures have been incorporated in the project to promote healthy, durable, energy and resource efficient buildings. Burlingame code enforcement is distributed among Planning, Building, Public Works, and City Attorney personnel. In each case, the most applicable department leads enforcement based on the nature of the nature of the issue. Most of the code enforcement in Burlingame is complaint driven, but there is some active enforcement initiated by staff based upon observation. It is unlikely that the code enforcement in Burlingame would have a negative impact on the long term affordability of the city's housing stock. 3. NPDES (National Pollutant Discharge Elimination System) Requirements Burlingame is located at the foot and along the east side of the coastal ridge between the Pacific Ocean and San Francisco Bay. Seven creeks drain the area directly into San Francisco Bay. For these reasons, runoff and water quality are important considerations in development and construction. The Clean Water Act of 1972 prohibits the discharge of stormwater into United States waters tm�less the discharge is in compliance with a National Pollutant Discharge Elimination System (NPDES). To meet its mandate from the State, the City of Burlingame has joined with the other cities in San Mateo County, to obtain a regional discharge permit from the State Water Quality Control Board (SWQCB) for stormwater water discharge. In order to reduce non -point pollution sources, each construction project is required to implement "best management practices" on job sites to minimize erosion, stop contaminated run-off and control construction site pollution. NPDES requirements also encourage site planning including swales, detention ponds and other design elements that can be incorporated into project design to reduce storm water run-off and contamination. The City of Burlingame requires stormwater run-off to be collected and channeled into a public storm water system. Current regulations focus on solutions that encourage on-site retention and recharge of stormwater, so that all drainage does not have to enter the storm ` Housing Constraints Page 53 l drain system. This can result in a more affordable solution for accommodating storm water runoff. The impact of the current requirements will require additional site planning, post construction controls and maintenance that will likely result in additional time and expense to developers. 4. On and Off -Site Improvements On and off-site improvements also add to the cost of development projects, and are usually required before a building permit can be signed off for occupancy of a structure. Residential developments in the city of Burlingame are required to meet City standards for curb cuts, which is a width not exceeding 25% of the lot dimension or 16 feet for a two -car garage. As stated above, all storm water roof drainage must be collected and conveyed to the public storm water system. Sewer laterals are required to be tested upon sale and replaced all the way from the house to the city clean out for all new residential buildings. For single family residential and duplex projects, the City's urban reforestation ordinance requires that one landscape tree be planted on-site for each 1,000 square feet of floor area. For multiple family residential projects, one tree is required for each 2000 square feet of floor area. These trees can be 15 gallon up to 24" box size when planted. For properties along EI Camino Real (State Route 82), sidewalk and curb cut changes require Caltrans approval. Communal amenities are also considered on-site improvements within a new housing development. While amenities such as swimming pools, club houses, on-site laundry facilities, etc. are not required, they are encouraged. If a new project proposes such an amenity, this would be seen as a positive aspect to the project which could attract potential tenants. Program H(B-3) encourages provision of communal amenities in new housing developments, but specifically states only where feasible and provision of which does not impair achievement of maximum densities or the financial feasibility of developing housing affordable to lower-income households. S. Environmental Requirements Burlingame is mandated to follow the procedures set forth in the California Environmental Quality Act (CEQA). Since two square miles of the city is under San Francisco Bay water, the city has a substantial bay edge. Four creeks drain the coastal range to the bay through the city. Sites that have unusual topography and/or sensitive habitat may require in-depth review and special studies to evaluate the environmental impacts of a proposed project. This can add additional costs to a project. Residential properties containing a creek that are proposing significant alterations or culverting of a creek are also required to obtain approval from the California Department of Fish and Game and the U.S. Army Corp of Engineers. Potential development sites with sensitive habits, endangered species, or significant environment problems are generally not recommended sites for affordable housing. For example, steeply sloping sites in the Burlingame Hills that may be available for housing would be quite expensive to develop because of geotechnical problems. Housing Constraints Page 54 6. Fees and Exactions The costs involved with development in the city of Burlingame include planning and building plan check and permit fees; utility service fees, school fees and a recycling fee. The City does not have park dedication fees or bedroom tax, as do many cities. The City has no exactions on residential developers to provide public art or sound walls. Although the fees established for the Planning permit process have been increased in the past few years to recover as much as possible of the costs to process the applications, Burlingame's planning processing fees are below the average for communities in San Mateo County. Planning Fees: The Planning Department fees required for residential development include the following: Table IV -1: Burlingame Planning Fees unusea pomon or oeposa ws ae remnoe. Handling fee wdl be refunded It pmject does not get referred to a design review consultant. ' 50% of preliminary plan check fee will be credited toward required application fees if and wren project is submitted as a complete apolicedon. Source: Burlingame Planning Department, 2014 Housing Constraints Page 55 Other development fees associated with new construction include: Table IV -2: Burlingame Development Fees Sewer Connection Fee as of July 2013: (updated annually and payable at the fee amount in effect at the time of request for connection): Single Family & Duplex $237/unit Multi -Family $180/unit Commercial/Retail $377/TSF' Office $82/TSF* Warehouse $105/TSF* Restaurant $932/TSF- Hotel w/Restaurant $595/room Hotel w10 Restaurant $368/room Bayfront Development Fee As Of July, 2013: Applies to development within the Burlingame Bayfront Specific Plan Area. One-half of the fee shall be paid with submittal of project application and one-half shall be paid prior to the approval of final framing of buildings or additions. The fees are adjusted annually to reflect the increase or decrease in the latest Engineering. News Record Highway Construction Cost Index as of July 1st of eachear. Office $2,362IrSF Restaurant $9,51 01T Hotel $774/room Hotel, Extended Stay $752/room OfficeNJarehouse/ Manufacturing $3,580/TSF* Retail — Commercial $8,6941TSF Car Rental $55,175/acre Commercial Rec. $17,123/acre All Other $1,780/trip* *TSF =Thousand Square Feet per p.m_ peak hour trip as determined by Traffic Study approved by City Source: Burlingame Planning Department, 2014 Burlingame School District/San Mateo High School District Fees: (current fees, collected by the City of Burlingame at the time of issuance of building ermds Residential, 500 SF or more $3.06/SF Commercial or Industrial $0.49/SF Mini -storage $0.01/SF Note: Sixty percent of the School Fee is collected for the Elementary School District and Forty percent of the fee is collected for the High School District, North Burlingame/Rollins Road Development Fee As Of July, 2013: Applies to development within the North Burlingame/Rollins Road Specific Plan Area. One-half of the fee shall be paid with submittal of project application and one-half shall be paid prior to the approval of final framing of buildings or additions. The fees are adjusted annually to reflect the increase or decrease in the latest Engineering News Record Highway Construction Cost Index, as of July 1st of each year Ei Camino Real North Subarea Multi Family Dwelling or Duplex $0.52 per SF Any Other Use $0.66 per SF Rollins Road Subarea All uses 1 $0.52 per SF Curbs, gutters and sidewalks: New construction and certain actions such as mapping will require replacement of frontage street improvements Housing Constraints Page 56 Burlingame's Planning Department is only partially funded by fees, with the remaining costs covered by the general fund. The cost of planning is partially subsidized in Burlingame, with ` the fees collected for projects not entirely covering the cost of staff time to process such l projects. rabi. ry_,z. Firamnla of Cinnle Family and Multiple Family Proiect Fees * Single family home is assumed to be a new home on an empty lot in an existing neighborhood, with no complicating factors. "Multiple family development is assumed to be 96 units, 145,500 square foot construction, requiring General Plan and Zoning Amendments, and tentative map. Housing Constraints Page 57 Fees/Costs Single Family* Multiple Family** Design Review 1,071 1,071 Engineering Plan Review 218 218 Arborist Review 172 172 Noticing 261 1,254 CEQA Categorical Exemption 84 GP Amendment - 2,612 Entitlement Rezoning - 2,612 Fees EIR (estimate) - 200,000 EIR Handling Fee (35% of contract - 70,000 Environmental Posting Fee41,806 265 County EIR Fish & Game Fee 2,969 Condominium Map 50,137 Subtotal 331,310 Buiding Permit 29,000 1,400,000 Fire Sprinkler Permit 600 5,000 Construction Fees Utility Connection 2,800 25,000 Alarm Permit - 1,000 Subtotal 32,400 1,431,000 General Facilities and Equipment 2,756 157,056 Libraries 2,283 135,840 Police 24,864 Parks and Recreation 590 33,600 Impact Fees Streets and Traffic E437 1,573 106,080 Fire 642 ' 36,576 Storm Damage 781 37,536 Subtotal 9,062 531,552 Total 43,268 2,293,862 * Single family home is assumed to be a new home on an empty lot in an existing neighborhood, with no complicating factors. "Multiple family development is assumed to be 96 units, 145,500 square foot construction, requiring General Plan and Zoning Amendments, and tentative map. Housing Constraints Page 57 Building Fees: Building permit fees are charged on a sliding scale that is based upon the valuation of the project, plus plan check fees. The estimated valuation of a project is checked against a minimum valuation per square foot for residential development. The basic plan check fee is 65% of the building permit fee. The energy plan check fee (when applicable) is an additional 25% of the building permit fee. The basic fee for electrical, plumbing and mechanical permits is $25 dollars, with additional fees charged on a line item basis. Public Impact Fees: Ordinance No. 1830 was adopted in 2008 by the Burlingame City Council in order offset the impacts of new development projects on City facilities. In establishing the fees, the City had a study conducted that provided information on the nexus between development projects and impacts on City facilities and set out a formula of fees that would serve to offset some of those impacts. Public Impact Fees applicable to new residential development are shown on Table IV -4 below. Housing Constraints Page 58 T -til. T11 -d.- Rnrlinnn mo puhlir Farilities Tmnact Fees Service Area - Single Family Fee per Dwelling Unit Multifamily Fee per Dwelling Unit General Facilities and Equipment $2,756 $1,636 Libraries $2,283 $1,415 Police $437 $259 Parks and Recreation $590 $350 Streets and Traffic $1,573 $1,105 Fi re $ 642 $381 Storm Drainage $781 $391 Source: Burlingame Planning Department, ZU14 Due to the physical constraints of a largely, built -out environment, the City does not have a Quimby Act fee for adding parkland. There are limited opportunities to acquire land for parks and any acquisitions would be costly. To pursue improvements to parks and other public recreational facilities, the City's Parks and Recreation Public Facility Impact Fee has been a source of funding for these types of projects. If a project proposes to include open space/recreational amenities on site, the project applicant can request a waiver of the Public Facilities Impact fee related to Parks and Recreation. The Municipal Code Chapter related to Public Facilities Impact fees allows a developer of a project to apply to the Community Development Director for a reduction or waiver of any one of the fees. The fee waiver request will be considered by the Planning Commission at the time that the development application is considered. The findings for such a waiver would be based on the provision of open space/recreational amenities to be available for the use of the residents, therefore, the project would not create an impact to the existing parks in the community. Recycling Fees: Ordinance No. 1645 was adopted in 2000 by the Burlingame City Council in order to meet the goals of the California Integrated Waste Management Act of 1989, which requires all California cities and counties to divert 50% of waste they generate away from landfills. The City's recycling ordinance requires that 60% (by weight) of all waste generated from demolition and new construction be reused and/or recycled, and that a minimum of 25% of structural material (excluding concrete, asphalt and dirt) must be recycled. Prior to permitting,-niplicants must complete a recycling and waste reduction form, then a City employee makes a site visit to verify the estimated waste anticipated to be generated by the project. The applicant is then required to pay a deposit at the rate of $50 per ton of waste generated. For example, if a project is estimated to generate 10 tons of debris, the deposit would be ($50 X 10 tons) $500, and 5 tons is required to be recycled. All recycling, reuse and disposal must be documented by receipts, weight tags or other records. If the recycling goal is met, the full deposit is refunded, however if the recycling goal is not met only a proportionate amount of the deposit will be returned. Some waste materials can be sold by the developer to offset his/her additional cost of removal caused by recycling. Public Works: Public Works fees associated with housing development typically include sewer connection fees which are $237 for a single family dwelling or duplex and $180 per Housing Constraints Page 59 unit for multi -family structures. Water meter and service connection fees can range from $4,100 to $5,420 depending on the size of the service and meter required. Sidewalk and ( special encroachment fees are range from $315 to $570 for properties in residential zoning districts. Fees for street frontage improvements commonly associated with housing development, including sidewalk, curb, gutter and curb drain modifications, are $402 for changes to 150 square feet or less. School Fees: Two school districts serve Burlingame: the Burlingame Elementary School District and the San Mateo Union High School District. School fees are collected to offset costs of rehabilitation and maintenance of school buildings, with 60% of the fees collected going to the elementary school district and 40% to the high school district. Fees are collected on all new construction projects and residential remodels in Burlingame that add 500 square feet or more. Residential school development fees for 500 square feet or more of development are $3.06 per square foot, and commercial and industrial projects are charged $0.49 per square foot. Mini -storage buildings are also charged a fee of $0.01 per square foot. Housing Constraints Page 60 7. Process and Permitting Procedures Planning Process: Single Family Construction Burlingame adopted interim single family residential design review guidelines in 1998 for new single family construction and second story additions in the R-1 zoning district. The process was revised slightly to include first floor additions involving substantial construction and to expedite processing times, and was made permanent in April 2000. The intent of the guidelines is to preserve the original and unique patterns of distinct neighborhoods through consistency of character in individual homes to allow protection of each homeowner's investment when future projects are initiated. The process requires that all qualifying projects go before the Planning Commission in a design review study meeting, with notice to all neighbors within 300 feet. The project is either referred to a design review consultant or the project is moved forward on the Planning Commission calendar for action. The Planning Commission action is appealable to City Council. The average processing time for a project that is not referred to a design review consultant is 60 days. Approximately 26% of the projects requiring design review are sent to a design review consultant. The average processing time for these projects is approximately 90 days. These average processing times include "out of court" time in which the applicant is revising drawings. The design review process has been extended to include all types of residential and commercial development. In addition to design review, applicants may request exceptions to the zoning code in the form of variances, conditional use and special permits. A variance is generally a measurable standard, such as parking space dimension or front setback dimension. Special permits and conditional use permits are more discretionary. The average processing times for these types of applications is about 8 to 10 weeks (56 to 70 calendar days). This time line is generally driven by legal noticing requirements and Planning Commission hearing availability. The Burlingame Planning Commission meets the second and fourth Monday of each month. All applications require two meetings before the Commission; one for design review study and one for action. Three weeks is added to the review time if a decision is appealed to the City Council because of the requirements to comply with the Ralph M. Brown Act provisions. There are two administrative processes in Burlingame: minor modifications and hillside area construction permits. Minor modifications are similar to variances, but are for minor encroachments beyond the established development regulations. For example, a property owner may seek a minor modification rather than a variance for a 1 foot extension into the required side yard. In the hillside areas of the city, any construction requires a hillside area construction permit. The intent of this process is to allow opportunity to review construction for its effect on existing distant views from inside structures on r-2arby properties. Administrative permits are noticed to immediate neighbors (within 100 feet). If there are no appeals within 7 days, the permit is issued administratively. If a neighbor wishes to appeal the project it moves on to full review with a public hearing before the Planning Commission. An administrative permit review which is not appealed takes about 16 days. Multiple Family Construction Residential Condominium permits: All proposals for condominiums, residential or commercial, require a condominium permit. The Planning Commission and City Council must approve the project based on the following criteria: conformity with zoning regulations and General Plan densities, its effect on surrounding community, impact on schools, parks, public utilities, streets, traffic, and submittal of legal tentative parcel map approved by the City Engineer. Condominium projects must also meet certain development criteria such as Housing Constraints Page 61 common and private open space, as well as greater setbacks than is required for apartments. Apartment Development: Apartments are allowed by right in the R-3 and R-4 zoning districts, assuming all development standards of the district are met. However, these projects are subject to the design review process. There are no requirements for common and private open space in apartment projects. The California Environmental Quality Act allows categorical exemptions for projects involving four or less units, and for larger infill projects which meet certain criteria. For those larger developments which do not meet the infill criteria, the environmental review process may add time to development projects, as discussed above. Plan Check: The City of Burlingame offers a parallel plan check process which allows applicants by their choice to submit construction plans to the Building Department while they are simultaneously going through the zoning review process. The intent of providing this option to the public is to expedite the review process. However, there is a risk involved with this process in that plan drawings and engineering and structural calculations may be required to be redone should the action of the Planning Commission cause a substantial change to the project. Additional plan check fees are charged for revised plans. There is a 7 day performance standard for Planning Department review of building permit applications. Public Works: Since Burlingame operates its own wastewater treatment plant, and it must meet the operating requirements of the San Francisco Region Water Quality Control Board, it is a part of the City's permit that a sewer lateral test be completed prior to the sale of a house that is 25 years old or older and before renovations occur where two or more plumbing fixtures are added. Typically these tests cost $315, in addition to any repairs or line replacement required. Coastal Zone Requirements: A portion of Burlingame is adjacent to the San Francisco Bay, which is considered part of the State of California's Coastal Zone. The San Francisco Bay Conservation and Development Commission (BCDC) has authority over the portion of the Coastal Zone which is adjacent to San Francisco Bay. The area along Burlingame's San Francisco Bay frontage is zoned SL, Shoreline and AA, Anza Area, both of which allow development of hotels, offices, restaurants and commercial recreational uses but do not allow residential uses. Therefore there is no housing allowed within the area that falls within BCDC's jurisdiction. Housing Constraints Page 62 S. Constraints to Housing for Persons with Disabilities Existing Regulations 1 a. Building Code: The City of Burlingame has adopted the California Building Code and Uniform Fire Code, 2013 Editions for reviewing construction plans. Burlingame has adopted amendments to the California Building Code which relate to the appeals procedure and requirements for lighted street addresses, roof covering, drainage, reroofing, retaining walls, slab thickness, bracing framed walls and suspended ceiling upgrades. None of these amendments would impact additions of accessibility features to a home or upgrades required for a group home. Building code regulations are established to provide minimum health and safety standards for structures. These minimum standards for occupancy and exiting must be met for any group home occupancy in a single family residence. The Building Code and Federal ADA standards require that certain accessibility amenities for persons with disabilities be included in new construction and improvements to property. b. Zoning Code: Per State law, the Burlingame zoning ordinance allows licensed care facilities, including group homes with up to six residents, by right in all residential zoning districts. Since these facilities are considered a "single housekeeping unit', no additional parking is required for this use, the group home only needs to meet the parking requirement for a single family home (one or two covered and one uncovered parking space, depending on the number of bedrooms). There are no City restrictions on the distance between two (or more) group homes. The City does not have occupancy standards that apply to unrelated adults and are not required of families. The maximum occupancy for a residential use is based on the safety requirements of the fire and building codes. Group residential facilities for the elderly are allowed in the multiple -family R-3 and R-4 zoning districts with a conditional use permit. Parking for group residential facilities is required at the rate of one parking space for each three dwelling units, or one for each four lodgers, if separate units are not provided. This is about one-third of the parking required for an apartment building. Rooming and Boarding Houses are also allowed with a conditional use permit; they have a parking requirement of one space for each rented room for the first four rooms, plus one space for each two additional rooms. All residential zoning districts require building setbacks from property lines and are limited in the area of the lot that can be covered by structures. Generally, all structures over 30 inches high, including the portions of such ramps which are over 30 inches above grade, are subject to the setback and lot coverage requirements. At least a portion of ramps and landings installed to provide access for the disabled are over 30 inches high and would be required to meet the lot coverage and setback requirements. As a part of the Housing Element Implementation program adopted by the City Council in September, 2011, provisions were added to the zoning code which would allow supportive and transitional housing to be considered as a residential use, and only subject to the restrictions that apply to other residential uses of the same type in the same zone. Supportive housing is defined as housing with no limit on the length of stay, that is occupied by target populations, as defined in the California Health and Safety Code, and that is linked to on- or off-site services that assist the supportive housing residents. Transitional housing is housing development that provides residence and support services for a specified length of time. Housing Constraints Page 63 opportunities to Remove Constraints to Housing for Persons with Disabilities To improve the options for housing for persons with disabilities, Burlingame has adopted a Reasonable Accommodation for Accessibility procedure as a part of the zoning code. This allows a person with a disability to request modifications to zoning standards in order to install physical improvements to a residence to accommodate the person's disability. These improvements would include such improvements as ramps, walls, handrails, as well as elevators or lifts. This is an administrative procedure, subject to meeting the criteria outlined in the zoning code chapter. Housing Constraints Page 64 NON-GOVERNMENTAL CONSTRAINTS 1. Environmental Geotechnical/Noise: The topography in Burlingame goes from the waters of San Francisco Bay to the coastal range foothills. Four creeks drain from the coastal range, through the. city, to the bay. In Burlingame the face of the coastal range is divided into large -lot single- family dwellings. Due to the steep slopes and shallow underground streams, some areas are vulnerable to landslides during the wet weather. The hillside area is divided into larger lots (10,000 SF minimum). Developments on these lots require additional seismic and structural engineering features. The flat land areas in Burlingame are subject to a high water table and, in some areas to short term flooding. These constraints increase the cost of building housing in some areas. Certain areas of the city are also subject to high noise levels. These areas include sites close to US 101, the Caltrain rail line, and areas subject to over flight from planes departing San Francisco International Airport. A larger area of the flat land and upward sloping area at the north end of the city are also subject to back blasts (low frequency) noise from departing airplanes. Housing development in these areas will require noise mitigation, which also adds to increased housing costs. It should be noted that due to advance technology in airplane design, noise impacts from the airport have decreased. 2. Land and Construction Costs Housing and land costs within San Mateo County have dramatically increased in recent decades. This is due in large part to the rapid growth of high-technology businesses in the Bay Area region, particularly on the San Francisco Peninsula. The increase in the F employment and housing demand has been more dramatic than any time in the past twenty l years, with housing costs rising much faster than household income levels. In general lots are small in Burlingame with the typical lot between 5000 and 6000 SF. There are fewer than 30 acres of vacant undeveloped land in the city, and most new development will occur by re -use of already developed land. It has become common practice to see proposals that include the demolition of a single family dwelling and reconstruction of a larger single family dwelling on the lot. Many of these proposals are made by developers who intend to market these homes on the high-end real estate market. The largest increase in residential units has been in the multi -family zoned areas. Between 1999 and 2007, 111 multi -family units were added to the city's housing stock. From 2008 to 2013, 70 units were added, resulting in 181 units added between 1999 and 2013. Th_ cost of construction for residential development has dramatically increased in recent decades as well. The economic boom in the technology industry sparked a large demand for office space in the Bay Area in the late 1990s, but then fell dramatically early in the next decade. Demand for office space has only recently begun to increase in Silicon Valley and San Francisco, but has yet to increase on the rest of the Peninsula. Building construction costs are estimated by the Building Department to be $200 per square foot for single family residential development. Housing Constraints Page 65 3. Financing and Affordability In San Mateo County "affordable" housing is defined as that with a contract rent or price affordable to low and moderate income households, based upon rent not exceeding 30% of monthly income and monthly mortgage payment not exceeding 33% of gross monthly income. The median sales price in 2012 for a single family detached home in San Mateo County was $661,000 (compared to $600,000 in 2000). The median price in 2012 for a condominium in San Mateo County was $360,000, which is the same price as in 2000. In Burlingame, the average price for a single family detached home in Burlingame in 2012 was $1,382,000 - compared to $811,418 in 2000. The median sales price in 2012 for a condominium in Burlingame was $654,000 - compared to $747,000 in 2006. And where 47 percent of the housing stock is multiple family units, the average monthly rent for a 2 -bedroom unit in Burlingame was $2,346 in 2013, up from $1,784 in 2005. Assuming a 20% down payment, a $1,384,000home financed for 30 years at 4.5 percent would require a monthly payment of approximately $5,610. An annual household income of about $192,300 would be required for the mortgage to be considered affordable - with affordability defined as 35 percent of household income for owner -occupied units. The median annual -household income for Burlingame was $88,915 in 2011 (based on 2013 inflation adjusted dollars), which shows the large disparity between affordability and the median income. Housing Constraints Page 66 V. Community Resources and Opportunities LAND INVENTORY AND SITE IDENTIFICATION State law requires that local governments identify sufficient vacant or underdeveloped land to accommodate the community's housing needs. One of the primary ways to do this is the identification of lands suitable for future residential development. This identification should include review of vacant sites and sites that have potential for reuse or whose use could be intensified for residential use. An important factor in suitability of sites for housing is the relationship of the identified sites to appropriate zoning, public facilities and services. PROPERTIES WITH POTENTIAL FOR DEVELOPMENT The selection of areas of the city and sites within those areas with the greatest potential for development was based on a number of considerations, including the experience with effective programs in the 2009-2014 Housing Element and changes in our developed environment which have served to attract residential development. The sites potentially available for housing in the city of Burlingame range from as small as 50 feet by 100 feet to as large as 2 acres. While these may be considered "small sites," the majority of the sites are fairly typical for the city. Because Burlingame is built out and there are no large, vacant parcels available, projects are proposed and built on these smaller sites, at fairly high densities. Some of these parcels are adjacent to one another, such -as in the Downtown area. The City can encourage lot consolidation through development incentives such as reduced parking, increased heights, and density bonuses for lots that are developed over 1/2 acre. (See Implementation Policy H(F-1) and Table V-1 for opportunity sites). In addition, in the past 20 years, there have been 15 multi -family projects built with three to six units each on lots as small as 5000 square feet, with densities averaging 24 units per acre. With lot consolidation, increased density could easily be achieved. Although the City of Burlingame does not currently have a housing authority with the ability to purchase land for redevelopment, the City is in constant contact with property owners and potential developers to facilitate development. Since Burlingame is virtually built out the focus of the 2009-2014 Housing Element was on in -fill development and changing the use of existing properties. During the planning period of the previous Housing Element between 1999 and 2006, a net of 104 dwelling units were added on in -fill sites (including one at the north end of the city) near the city's commercial areas and along EI Camino Real. These were sites which had been developed in lower density residential uses and on which multiple family (R-3 and R-4) zoning had been in place fora number of years. Between 2007 and 2012, 77 units were been added. An important reuse development incentive in the 2002 Housing Element was to create a new zoning district which allowed for the highest density multiple family zoning in areas with previous commercial zoning on two of the blocks at the north end of the city within one-quarter mile of the Millbrae BART/Caltrain station. The intention of this new zoning was to encourage more transit oriented residential development on these properties now developed with older, more marginal office buildings. Since the implementation of the zoning in this area, one 45 -unit multiple family residential development has been built on a former office site, and another 25 -unit multi -family project is under construction. In addition, a 77 -unit senior housing facility is under construction in this area, and a 124 -unit senior housing facility is under review. Community Resources and Opportunities Page 67 The Bay Area Rapid Transit (BART) District extended BART to San Francisco International Airport with an end of the line station and cross platform with Caltrain's San Francisco Peninsula rail service at the Millbrae Intermodal station, one quarter mile from Burlingame's northern border. This regional transportation service provides unique incentives for multiple family residential development at the north end of the city. Furthermore, SamTrans recently upgraded its EI Camino Real bus route to provide service every 15 minutes, with a stop at the Millbrae Intermodal station, thereby improving transit access to multifamily properties along EI Camino Real. Building on the experience of implementing the earlier Housing Element action programs (particularly the multiple family mixed use zoning) and the proposed residential incentive programs built into the 2015-2023 Housing Element the City has every expectation of meeting its fair share housing numbers particularly in the north end of the city and along EI Camino Real. There were several new residential development incentive programs included in the 2009- 2014 Housing Element to encourage reuse of the identified sites and other sites in the area not specifically cited but with residential potential, whose development will be stimulated by market demand, overlay zoning or other owner initiative. The action programs proposed were: • Provide additional incentives in the new multi-family/mixed use zoning districts at the north end of the city adjacent to BART/Caltrain and Peninsula Hospital; • Offer developers incentives in all residential areas to include affordable housing; • Provides opportunities for increasing densities with reduced parking requirements and increased height for housing within one-third mile of a major transportation hub; • Amend the zoning code regulations to expand types of housing, live/work units and mixed commercial/residential; and • Provides incentives for lot consolidation. Several of these programs were implemented with the Council's 2011 adoption of the Zoning Implementation for the Housing Element. The zoning for the North Burlingame area includes incentives for multi -family and mixed use development as well as for lot consolidation. The Council adopted reduced parking requirements within the Downtown Burlingame area for residential projects based on its proximity to Caltrain and along two major transit corridors and added provisions to provide smaller, more affordable units. The zoning for both the North Burlingame and Downtown Specific Plan areas include provisions for mixed use as well as standalone residential projects. The properties included in the analysis of properties for development include underdeveloped or vacant properties zoned for high density residential use or mixed use. An inventory of these properties, along with an estimated buildout capacity of 80 percent density (to control for site variations that would likely reduce total unit count in practice), is included in Table V-1. The identified sites yield a total potential of 1,486 units (at 800/0 density). Based on the 1981 Flood Insurance Rate Maps (FIRM) for the city of Burlingame, all sites identified for potential residential development are outside of the 100 and 500 year flood boundaries. In addition to proposing rezoning programs for these sites, it is proposed that zoning code changes be implemented which would offer incentives for building affordable housing, incentives for building more housing within one-third mile of the three transportation hubs, and incentives for consolidating smaller lots into a larger development. A description of the actions to be taken to achieve these goals is at the end of this chapter. Vacant Or Underused Sites Now Zoned For Residential Use North Burlingame Area Community Resources and Opportunities Page 68 Although Burlingame is a built -out community with few vacant sites, there are a number of sites already zoned for residential use where the full potential has not been used. Many of these sites are located in the Downtown Specific Plan area and the North Burlingame/Rollins Road Specific Plan area. There is a concentration of underutilized parcels within the area bounded by Murchison and Dufferin between EI Camino Real and California Drive. This office commercial area was rezoned to a new multi -family residential/mixed use zone district (ECN — EI Camino North) in 2006 to implement the North Burlingame/Rollins Road Specific Plan. Prior to that, as a part of the 1994 Housing Element work program, an R-4 overlay zone was created. One office building was removed and the 1.24 acre site has been developed with a 20 -unit residential condominium and a 48 -bed residential care facility for the elderly. In addition, an area west of EI Camino Real and North of Trousdale Drive was rezoned to a new residential mixed use district (TW — Trousdale West). Within this area, a condominium project at 1800 Trousdale Drive is under construction; it will replace an office building with 22 market rate units and 3 moderate income units. All of these sites are within one-half mile of the Millbrae Intermodal Station. Because of proximity to a transit terminal, these sites would warrant special provisions for higher residential density such as reduced parking requirements and increased height. All development of sites in this area is subject to Federal Aviation Administration (FAA) approval for height. Carolan Avenue Residential Overlay In 2009 the City Council approved the rezoning of the C-2 zoned sites along Carolan and Rollins Road to include a high-density overlay (R-4). This rezoning allows stand-alone high density residential uses on these parcels, which total 5.4 acres combined. Downtown Specific Plan In 2010 the City adopted a Specific Plan for the area framed by Oak Grove Avenue on the north side, the Caltrain tracks south to Burlingame Avenue and Anita Road on the east side, Peninsula Avenue and the City limits on the south side, and EI Camino Real on the west side. Within this area the plan has areas of medium-high (R-3) and high (R-4) density residential, as well as mixed-use development opportunities. The Specific Plan identifies new mixed use areas (previously zoned C-1) along Howard and Lorton Avenues, Primrose and. Park Roads, and along California Drive. Within the mixed use zones, it is proposed that a project could either be mixed use or standalone high density residential. Table V-1: Vacant or Underused Sites identifies those sites within the proposed Downtown Specific Plan. The development standards vary for the different areas within the planning area, but include zero setback requirements in many instances, average maximum unit sizes of 1,250 square feet, increased height limits, and reduced parking standards. These development standards will facilitate mixed-use and multi -family residential housing, particularly because housing was not previously permitted in some of these areas, and because the new standards allow more intensive development compared to other residential areas in the city. The Downtown Specific Plan area contains numerous sites with the potential for reuse. In 2011, these areas were rezoned to reflect the mixed use area identified in the Downtown Specific Plan. The areas determined to be appropriate for mixed use zoning, which includes the opportunity for standalone multiple family residential uses are: HMU (Howard Mixed Use), BMU (Bayswater Mixed Use), CAR (California Auto Row), and MMU (Myrtle Mixed Use). In addition, there are areas within the boundaries of the Downtown Specific Plan which are zoned R-3 and R-4, including an R-4 incentive district, which allows building heights up to 55 feet. As a part of the zoning implementation, reduced parking standards for multiple family residential development was adopted for properties within the Downtown Specific Plan area. Since the Downtown Specific Plan and zoning amendments were adopted, 12 new units have been approved and another 70 units have been proposed. 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HWY 101 026240370 C2(R-4 OVerlay 026240290 026240360 026240340 I Carolan Avenue N e�URIINGAME Housing Opportunity Sites W+E 2009-2014 Opportunity Sites IN Burlingame City Limits S New 2015-2023 Opportunity Sites Feet Approved or Under Construction 0 250 500 1;000 Community Resources and Opportunities Page 102 M Downtown Burlingame y„ N BURIINGgME Housing Opportunity Sites E -2009-2014 Opportunity Sites Is Burlingame City Limits S ® New 2015-2023 Opportunity Sites Feet Approved or Under Construction 0 250 500 1,000 Community Resources and Opportunities Page 103 / \ i \Rit \ 'Air ZIN� M Pei DA'C"I" V \\ / / / / G\ / 029235140 \ r 029234020, 629235"I50 N/ iq ,\ 028232160 029232030 \ r \ i 0292042 0 \ / 4 029232049 T / 029231050 03923'1040 029232050 0292 29 5032 060 / 029204250 029231030 029232070 r' \ / i \_ 03231020' 029231060 / \ 0292310A0 / _ CAR •,� \ \\ 029232170 024242040 / "\l 029203020 029293 40 / / / / 0029203030 029203050 r 12121'i,240 • / \ } \ 0292x2050 !' 029203100 0292U3b60\ \ i /'` /�,.' t` �i`�f ' \_\.// ^029242030 / r H `0 U v ' / / 029242020 r mh o 029224270 029242230\ 029222650 029203060 T. \\ 0202Z2030�v_ R4vy/� / AVA iAr % i� / / v\ 029242159 a \. Y 029222180 \, \ / 029221030' \/" \ 029221040 029221050 \ /� ?. / % ry ✓ 1 rj)' 5029223430 / C ( 3 i� Downtown Burlingame N alingame City LimHousing Opportunity Sites W� E 2009-2014 Opportunity Sites Is Burlingame S ® New 2015-2023 Opportunity Sites Feet Approved or Under Construction 0 250 500 1,000 Community Resources and Opportunities Page 104 Sites from the 2009-2014 Housing Element Sites Inventory that are not included ` in the 2015-2023 opportunity sites inventory The following sites were opportunity sites in the 2009-2014 Housing Element that are no longer available for development. Table V-3: 2009-2014 Housing Element Sites No Longer Available. APN Address Reason Site is zoned C-2 and is surrounded by an existing 026-011-020 1501 EI neighborhood shopping center. The C-2 zoning no longer Camino Real allows mixed use 027-093-110 12 Vista property has been developed with two single family homes Lane 1840 Ogden Property has been developed with a 45 -unit condominium 025-121-130 Drive project. This was included in the 2009-2014 Housing Element 736 Laurel because there was an application to build a duplex 029-062 080 Avenue condominium on this site. The application has since been withdrawn. 220-234 029-203-090 Primrose A new retail building has been constructed on this site. Road 218-222 029-211-180 Lorton Ave The adopted Burlingame Downtown Specific Plan and BAC zoning included this portion of Lorton Avenue as part of 226 Lorton 029-211-190 Ave the downtown core which was determined not to be appropriate for residential uses - residential and mixed 236-240 029-211-200 Lorton Ave use zoning was added on the periphery of the downtown core. 246-250 029 211 210 Lorton Ave Community Resources and Opportunities Page 105 ZONING TO ACCOMMODATE HOUSING FOR LOWER INCOME HOUSEHOLDS State law requires cities to demonstrate the capacity of the site inventory to accommodate a city's share of lower income households. Cities can show the ability to accommodate lower income households by identifying sites zoned for higher densities. California Government Code Section 65583.2(c) establishes the minimum density, or "default" density, deemed appropriate to accommodate lower income households. This is based on the recognition that sites zoned for higher densities allow for more units which can potentially lower per unit costs through economies of scale. For Burlingame, the "default" density is 30 dwelling units per acre, consistent with the rest of San Mateo County. About half of the sites identified in the inventory have been zoned for more than 30 units per acre and are available for development. The default density is applicable to a total of 40 parcels with the potential to accommodate 1,076 units, which exceeds the RHNA allocation of 575 for very low, low and moderate income households. Table V-4: Zoning for Lower Income Households Community Resources and Opportunities Page 106 Max Realistic APN Address Zoning Acres Total: Density 80% Density' Unclassified - 1501 Trousdale 025123130 (portion of site) any use 40 4.15 133 reg uires CUP TW - Trousdale 025144170 1740 Marco Polo 40 0.6 19 West ECN (EI 025150160 1876 EI Camino 40 0.35 11 Camino North 029112400 501 Primrose R-4 51 1.14 46 029224270 Parking Lot F HMU & R-4 51+ 0.84 26 029231240 Parking Lot N R-4 51+ 0.51 20 026240360 1008 Carolan C -2/R-4 Overlay 51+ 2.03 290 026240340 1016 Carolan C -2/R-4 Overlay 51+ 0.73 026240290 1028 Carolan C -2/R-4 Overlay 51+ 0.58 026240370 935 Rollins C -2/R-4 Overlay 51+ 2.05 029242020 1063 Bayswater R-4 51+ 0.11 4 029242150 1100 Peninsula R-4 51+ 0.84 26 029242030 No Site Address R-4 51+ 0.11 4 029242230 No SLre Address R-4 51+ 0.23 7 029132180, 1128-1132 Douglas R-4 51+ 0.35 13 029132190 026011010, 1509 EI Camino R-3 50 0.31 12 025228130 TW (Trousdale 025121031 1600 Trousdale 40 1.01 32 West 029231060 161 Highland R-4 51+ 0.26 9 TW (Trousdale 025121040 1710 Trousdale 40 0.48 15 West) ECN (EI Camino 025161110 1766 EI Camino 40 1.7 54 North Community Resources and Opportunities Page 106 Community Resources and Opportunities Page 107 Realistic APN Address Zoning Max Density Acres Total: 80% Density 025121260 1777 Murchison TW (Trousdale West 40 2.74 87 025121110 1814 Ogden TW (Trousdale West) 40 0.41 12 025121120 1820 Ogden TW (Trousdale 40 0.35 11 West 025121170 1825 Magnolia TW (Trousdale West 40 1.4 44 025150220 1828 EI Camino ECN (EI Camino North 40 0.92 29 025150200 1838 EI Camino ECN (EI Camino North 40 0.6 19 025150180 1840-46 EI Camino ECN (EI Camino North 40 0.16 4 1848-1850 EI ECN (EI Camino 40 0.16 4 025150170 Camino North 025150210 1860 El Camino ECN (EI Camino North 40 0.58 18 025150190 1870 EI Camino ECN (EI Camino North 40 0.79 24 025150010 1875 California ECN (EI Camino North 40 0.35 11 025144070 1875 Trousdale TW (Trousdale West 40 0.32 9 029111260 556 EI Camino Real R-3 50 0.36 14 No Site Address - 025150040 Parking lot - same ECN (EI Camino 40 0.28 8 owner as 1860 EI North) Camino 025144190 1730 Marco Polo TW (Trousdale West) 40 0.88 28 025150090 1810 EI Camino ECN (EI Camino North 40 0.57 17 025150100 1818 EI Camino ECN (EI Camino North 40 0.25 8 No Site Address ECN (El Camino 40 0.17 8 025150070 (adjacent to 1810 & North) 1818 EI Camino Total Potential Capacity for Lower Income 1,076 Community Resources and Opportunities Page 107 SUMMARY OF SITES TO MEET RHNA The site inventory has the potential to meet projected housing needs for all income levels as provided by the RHNA. A summary of the inventory in comparison with the RHNA is shown in Table V-5. The City has the capacity to accommodate housing needs through the following: • Currently approved projects to be completed within the 2014-2022 RHNA cycle; • A site inventory with total unit development potential above the RHNA target; • Sufficient sites zoned to accommodate lower income housing through "default densities" (Government Code Section 65583.2(c)). Table V-5: Site Capacity to Meet the RHNA *Very low, low and moderate income each received one-third of the units from the "total potential capacity for lower income' (Table V-4) ACTIONS REQUIRED/ZONING CHANGES All of these areas already have zoning in place to achieve new residential development. In order to improve the opportunities on existing residential sites, the following actions are required. Community Resources and Opportunities Page 108 Very Low Moderate Above Total Low Moderate RHNA 276 144 155 288 863 Approved/ 9 145 154 Under Construction Available Site 358 358 358 281 1355 Capacity* Units Over RHNA 82 214 212 138 646 Capacity *Very low, low and moderate income each received one-third of the units from the "total potential capacity for lower income' (Table V-4) ACTIONS REQUIRED/ZONING CHANGES All of these areas already have zoning in place to achieve new residential development. In order to improve the opportunities on existing residential sites, the following actions are required. Community Resources and Opportunities Page 108 Amend the Zoning Code To Offer Additional Incentives For Affordable Housing And Transit Oriented Development In areas near a transit hub, zoning code changes would be considered to: • Provide incentives for affordable housing; • Outside of Downtown, provide for reduced parking and increased height for development within one-third mile of a transportation hub or corridor; • Provide incentives such as reduced parking requirement for efficiency units if all units are affordable; • Amend the zoning code regulations to provide opportunities for live/work units and mixed use projects in areas outside of Downtown; • Provide incentives for lot consolidation in areas where there are small underdeveloped lots and/or residential development design would benefit from larger lots; • Provide multiple incentives, such as reduced parking requirements and increased height, for projects that propose units affordable to Extremely Low Income (ELI) households. Community Resources and Opportunities Page 109 PUBLIC FACILITY CAPACITY The city of Burlingame is almost built out and public facilities in place are adequate to serve existing and proposed development. There are two public sewer projects which have been completed in the last 20 years which have removed any constraints to new residential development, particularly at the north end of the city. Many of the sites identified are located in the northern portion of the city. Sewer Treatment Plant Improvements In 1994, major improvements were made to the city's wastewater treatment plant facilities. As a result of these upgrades, the capacity of the plant was increased to accommodate the ultimate population anticipated in the City's General Plan. According to estimates made by the Association of Bay Area Governments, Burlingame's General Plan buildout would accommodate an additional 1240 housing units above what is shown to exist in Burlingame by Census 2010. Therefore, there is adequate capacity at the wastewater treatment to handle the projected 863 units proposed. Sewer Interceptor Project In 1998, the Public Works Department completed a major sewer interceptor project which included installation of new sewer collection main along California Drive from the city's north boundary to the Wastewater Treatment Plant. This project improved the capacity of the sewer collection system and provided sufficient capacity for development in the north end of Burlingame, including all the sites selected north of Peninsula Hospital. Water Supply The City of Burlingame provides water service to properties within its boundaries as well as to the unincorporated Burlingame Hills area adjacent to the west. The Burlingame Hills area is a residential subdivision of 420 dwelling units which is entirely built out. The City's sole source of potable water is the San Francisco Public Utilities Commission (SFPUC) system, which also supplies water to the City and County of San Francisco and other cities along the Peninsula. In May of 2011, the City of Burlingame adopted an Urban Water Management Plan in accordance with State law requirements. The plan looks at the City's water needs and anticipated supplies to accommodate current needs and future growth. The Urban Water Management Plan uses the Association of Bay Area Governments (ABAG) population projections as well as updated General Plan projections based on the adoption of the North Burlingame/Rollins Road Specif..- Plan and the Downtown Specific Plan to anticipate the future water supply needs for the city of Burlingame and the unincorporated Burlingame Hills. ABAG had projected that the population for Burlingame by 2030 will be 34,000 people. The Department of Finance indicates that as of January 1, 2013, the current population of Burlingame is 29,426 people. ABAG projections anticipate an increase in population of about 4500 people by 2030. The Housing Element update plans for the potential addition of 863 housing units in Burlingame by the year 2023. The 2010 Census indicates that the average household size in Burlingame is 2.29people. Therefore, the 863 new housing units would accommodate a population increase of about 2000 people by the year 2023. This is well within the scope of Community Resources and Opportunities Page 110 the 4500 person increase in population projected by ABAG and used as a basis for the Urban Water Management plan. The city of Burlingame now uses about 4.8 million gallons of water per day (mgd). By 2019- 2020, the Urban Water Management Plan projects that Burlingame will use about 4.97 mgd (a 4% increase). Burlingame has a guaranteed allotment of 5.24 mgd from the total supply of the SFPUC system (300 mgd), which may be modified in the future. At the writing of this document, there is an adequate supply of water available to accommodate the addition of 863 housing units within the next eight years. If there are any substantial changes to the future water supply, the appropriate analysis will be completed. The City of Burlingame provides waste water treatment for its residents and those in the Burlingame Hills area as well as parts of neighboring Hillsborough. Burlingame has started using recycled water for non -potable uses at its Waste Water Treatment Plant, and will be building a water distribution system to use recycled water for irrigation at some of the City's parks and other municipally owned landscaped areas. Larger commercial developments on the east side of US 101 are required to extend water lines for non -potable irrigation water to support their required landscaping. The Burlingame Municipal code requires that any new landscape installation shall include water conservation measures, and this is implemented by the Department of Public Works. Implementation of these measures will help reduce future demand for water from the SFPUC system. Housing Funding Opportunities Because the city's population is less than 50,000, Burlingame does not receive Federal housing assistance money (Block Grant/CDBG) directly. However, the City does have an administrative agreement with San Mateo County, which is the recipient of the CDBG funds for the unincorporated county and all the jurisdictions too small to receive Block Grant funds directly. Although the City of Burlingame does not offer assistance directly to first time homebuyers; the City does participate with the County consortium in a Community Development Block Grant program funded by the Federal Government, which provides some first time homebuyer programs. The San Mateo County Office of Housing and Community Development is the lead agency for the Consortium. San Mateo County HOME Consortium receives federal block grants from which they fund housing projects. The Home Investment Partnership Program (HOME) is one of the more active loan programs operating in the county. The participating cities, along with the unincorporated area of the County compete for funding from this grant. The local jurisdiction in which a project is funded, must match 25% of the Federal funds. Projects seeking funding from the block grant must complete a request for proposal (RFP) that is reviewed by the HOME Program Review Committee that formulates recommendations to the Board of Supervisors. The Board of Supervisors makes the final decision on which projects are to be funded. The other main program operating in the County is the Mortgage Credit Certificate Program (MCC). The MCC is a tax credit certificate that is issued by San Mateo County Department of Housing and Community Development to eligible homebuyers. The certificate allows a tax credit equal to 20 percent of the annual mortgage interest paid on a home loan, with the remaining 80 percent of the mortgage interest still eligible to be taken as an itemized deduction. With this benefit, new homeowners may wish to adjust their Federal tax Community Resources and Opportunities Page 111 withholdings, resulting in more spendable income each month. In order to qualify for this program, applicant's total gross household income cannot exceed $84,400 for a 1 or 2 person household, and $105,500 for a 3 or more person household, according to 2014 limits. The purchase price cannot exceed $673,616 for a newly constructed or existing dwelling. Due to the high cost of housing in Burlingame, it may be difficult to find a property that would meet the criteria for the above stated programs. The Metropolitan Transportation Commission (MTC) is promoting investments in priority development areas through its four-year, $320 million OneBayArea Grant (OBAG) Program. The OBAG funding distribution formula to county Congestion Management Agencies (CMA) is based on factors such as population, past housing production, and future housing commitments — the allocation for San Mateo County is about $26 million. The City/County Association of Governments (C/CAG), the CMA for San Mateo County, programs OBAG funds to projects that meet requirements in one of six transportation improvement categories: Local streets and roads preservation; bicycle and pedestrian improvements; transportation for livable communities; safe routes to school; priority conservation areas; and CMA planning activities. Only jurisdictions with an adopted complete streets resolution or a general plan that complies with the California Complete Streets Act of 2008 will be eligible for OBAGs. Additionally, a jurisdiction must have a housing element certified by the Department of Housing and Community Development (HCD). Human Investment Project for Housing (HIP) is a non-profit organization located in San Mateo County that has programs to assist people with special needs, either from income or circumstance, to live independent, self-sufficient lives in decent, safe, low cost housing. HIP Housing's Home Sharing program matches those who have space in their home with those who need an affordable place to live, maximizing housing inventory and turning existing housing stock into a new affordable housing option. It is the only program of its kind in San Mateo County and provides a housing option for over 700 people each year. Over 90% of those using the Home Sharing program are low to extremely low income. There are several other grants and low interest loan opportunities that are available for housing rehabilitation, construction, acquisition, retention, and preservation in the city of Burlingame. Many of these funds are accessed through the County Office of Housing and Community Development, like the HOME program described above. An example of some of the other housing assistance programs include; CalHome Program, Emergency Solutions Grant (ESG) Program, and Multifamily Housing Program (MHP). ENERGY CONSERVATION OPPORTUNITIES It is a requirement of every housing element to include a section on residential energy conservation opportunities. Since the deregulation of energy companies in 1998, the price of energy has increased substantially. With such an increase in prices, energy costs can be a -substantial portion of housing costs. Effective energy conservation measures built into or added to existing housing can help residents manage their housing costs over time and keep lower income households affordably housed. There are a number of programs offered by the City of Burlingame, the local energy provider (PG&E) and the State of California, which provide cost-effective energy saving programs. Energy Programs Offered by the City of Burlingame Primary Programs: • All new residential and nonresidential construction in the city must abide by the State of California's residential building standards for energy efficiency (Title 24 of the California Administrative Code). Title 24 Standards were established in 1978 to insure that all-new construction meets a minimum level of energy efficiency Community Resources and Opportunities Page 112 standards. Burlingame requires that new development must exceed Title 24 energy conservation requirements by fifteen percent. • The City's zoning ordinances do not discourage the installation of solar energy systems and other natural heating and cooling opportunities. Secondary Programs: • The City of Burlingame enforces a tree preservation and reforestation ordinance. Part of the ordinance requires that when additions are made or new residences are built, property owners shall plant one (1) landscape tree for every 1,000 square feet of lot coverage or habitable space for single family homes or duplexes; and one (1) landscape tree for every 2,000 square feet of lot coverage for apartment houses and condominiums. New trees planted shall be 15 gallon to 24" box size, and shall not be fruit trees. In addition, the ordinance provides for the protection of the larger, existing trees in the city. With the proper siting of trees to allow sun exposure in the winter and shade in the summer, a homeowner can save up to 25% of a household's energy consumption for heating and cooling. Computer models devised by the U.S. Department of Energy predict that the proper placement of only three trees will save an average household between $100 to $250 in energy costs annually. • The Bay Area Air Quality Management District is encouraging cities to adopt an ordinance which would allow only pellet -fueled wood heaters, an EPA certified wood heater,__ or a fireplace certified by the EPA should the EPA develop a fireplace certification program for installation of any woodburning appliance. The use of properly regulated woodburning appliances would decrease the amount of natural gas and electricity required to heat homes in the city while preserving the region's air quality. • The City of Burlingame adopted an ordinance requiring the recycling and salvaging of construction and demolition materials. Enforcement of this ordinance reduces the amount of materials going to landfills and also conserve energy through the reuse and recycling of these materials. The Steel Recycling Institute reports that steel recycling, the number one recycled material in the U.S., saves enough energy to electrically power the equivalent of 18 million homes for a year. Community Resources and Opportunities Page 113 Local Energy Supplier (PG&E) The Pacific Gas and Electric Company (PG&E) supplies all of the electric and gas needs to the residents of Burlingame. PG&E offers an assortment of programs that provide residents with the opportunity for energy conservation. These programs are available to all residents, but there are additional programs for households that qualify as low-income. PG&E has been the sponsor of energy savings assistance programs which provide energy education, weatherization measures, and energy-efficient appliances to low-income households. The State Of California California Energy Commission Rebate Programs: Open to all residents of California, independent of their income. Rebates are provided based on current funding. Rebate opportunities are updated by the California Energy Commission. The California Solar Initiative has provided rebates and incentives to home owners for installation of photovoltaic systems. Public Outreach: The City of Burlingame has prepared an informational packet available to residents highlighting the available energy conservation programs. This packet is made available to all persons coming to the Building and Planning counters for building permit information. In addition, the City of Burlingame publishes a recreation brochure that is mailed to all residents twice a year. An advertisement will be included in this brochure to direct residents to the energy conservation programs. This information will also be included in the community newsletter sent out with the City's utility bills. Community Resources and Opportunities Page 114 VI. Housing Goals, Policies and Action Programs: 2015-2023 The Burlingame community and City Council have worked hard and achieved many of the implementing action programs set out in the 2009-2014 Housing Element. In some cases time and opportunity hindered the accomplishment of some programs. Over the past five years circumstances facing the city and its residents have also changed. In this section the focus is on the particular successes of the 2009-2014 Housing Element which should be carried forward, the lessons to be learned from the action programs not achieved, and the changing circumstances which will affect the city's housing opportunities and programs in the coming planning period, as well as the goals and policies that the City of Burlingame intends to implement to address the housing needs identified in the needs assessment evaluation. Key Programmatic Accomplishments of the 2009-2014 Housing Element Burlingame's 2009-2014 Housing Element action program was divided by planning goals. The premise was that the residents, Council and staff would work together identifying and implementing action programs to create opportunity for more housing to assist in meeting the City's share of California's housing need but also to assist those households with unique housing needs. In Burlingame these households include persons with disabilities, the elderly who live on lower or fixed incomes, single heads of households, and our service and public employees. Because more than half the city's single family housing stock and neighborhoods were built before 1940, maintenance and conservation of neighborhood character was a leading issue during the planning period. Burlingame's 2009-2014 Housing Element action program contained a number of items that have been accomplished. Among the programs implemented during the planning period / were: Il • Reasonable Accommodation for Accessibility: The zoning code was amended to include a Reasonable Accommodation for Accessibility procedure which establishes a process by which an individual with a disability may request modifications to development standards to install physical improvements (such as ramps, handrails, elevators or lifts) necessary to accommodate the disability. • Emergency Shelters: The zoning code was amended to permit emergency shelters by right within the northern part of the Rollins Road (RR) zoning district subject to performance standards. This area was identified as appropriate for emergency shelters because it is near services and transportation (close to the Millbrae BART/Caltrain Station) • Transitional and Supportive Housing: The zoning code was amended to include definitions for transitional and supportive housing as outlined in State law, and to specify that these uses are considered a residential use subject rn the same restrictions as other residential uses of the same type in the same zone district. • Secondary Dwelling Units: The zoning code was amended to allow secondary dwelling units on certain lots within the R-1 zone district, subject to performance standards. • Downtown Specific Plan Zoning Implementation: In addition, the Downtown Specific Plan was adopted as well as all implementing ordinances. The zoning implementation actions for the Downtown Specific Plan which also implemented the Housing Element programs include the following: o Established a series of Mixed Use Zoning District in areas which were previously zoned exclusively for commercial uses. These districts would allow both mixed use buildings which include residential uses as well as stand-alone multiple family residential uses. Housing Goals, Policies and Action Program Page 115 o Established an R-4 Incentive District adjacent to the Downtown Commercial core which allows taller buildings to encourage multiple family residential development. o Established reduced parking requirements for any multiple family residential use within the Downtown area west of California Drive. o Established a maximum average dwelling unit size throughout the downtown area to encourage smaller, more affordable units. In addition, the City continued to implement the following programs which were established in previous housing elements: • Single family residential design review which places an emphasis on structural and neighborhood conservation and maintenance; • Second Unit Amnesty which encourages the retention and maintenance as lower cost housing of second units built before 1954 on single family lots; • An active code enforcement program to manage property maintenance issues and broker tenant/owner disputes; • Participated in and funded the City's proportional share of a new north San Mateo County homeless shelter for single adults; • A day center and emergency shelters at local churches to participate in an ongoing program of emergency housing and support assistance for homeless families have continued to successfully operate in the community; • Continued to promote and enforce urban reforestation and exterior illumination regulations which support local goals for energy conservation. Building on these programs, over the planning period the City added 77 dwelling units and rehabilitated 216 dwelling units. The City laid more ground work for adding more opportunities for new housing and maintaining the city's residential quality and supporting affordable housing than with any other Housing Element implementation program. The 2015-2023 Housing Element will build on and expand on this legislative base and implementation experience. Lessons from the 2009-2014 Housing Element Implementation The City has learned from the variety of experience implementing the 2009-2014 Housing Element. The proposed 2015-2023 Housing Element work program is based on the current Housing Element's successes and reality checks. We have been successful with legislation which provides incentives for private developers to change land use from commercial to residential using multiple family overlay zones and residential mixed use zones on commercial properties, both of which allow standalone multiple family development, as well as with incentives to single family homeowners to maintain their properties, retain older second units and in some cases add second units. Without a redevelopment agency or direct government entitlement funds, we have learned that City staff must work at being informed and build a bridge of information and program linkage between developers and available assistance. Moreover, as the regulatory programs outside the City's control multiply and discourage new residential development by increasing its cost, City staff must be trained to facilitate and communicate. The 2015-2023 Housing Element work program is built on these lessons. The City's mandate is to facilitate development which implements the City's planning goals and policies and to maintain the City's services and facilities to meet the standards of regulatory agencies and residents needs so that new residential development can be accommodated. The private sector's mandate is to build new residential units within the established goals and policies. The Housing Element will provide the link to form a partnership. Housing Goals, Policies and Action Program Page 116 The types of programs proposed in the 2015-2023 Housing Element which should succeed because they build on the success and experience of the 2009-2014 Housing Element are: ` • Continue rehabilitation through code enforcement; t • Allow fee waivers for affordable rehabilitation; • Continuation of Second Unit Amnesty program coupled with participation in county housing rental rehabilitation programs; • Facilitate creation of new second units that meet the criteria outlined in the zoning code; • Residential and neighborhood maintenance through residential design review; • Expand zoning incentives for transit oriented development with inclusion of affordable units to include the Priority Development Area along the EI Camino Real and California Drive corridors as well as areas within 1/3 mile of the city's three transit hubs; • Continue to maintain partnerships with a local non-profit organizations to insure existing and new residential units stay affordable; • Build on successful partnerships with non-profit providers and provide more regulatory incentives to encourage housing assistance for senior citizens including assistance in modifying existing housing for the elderly and disabled; • Continue to promote housing in areas which have been zoned for mixed use; • Reduce greenhouse gas emissions through sustainable building practices; Establish a policy to maintain zero net -loss of housing units when new development is proposed; and, • Continue staff training and encouragement in their role as program facilitator and broker between funding agencies and private developers; • Implement an outreach program for persons with disabilities; • Continue to provide incentives for developers to include affordable units in new residential projects; ` • Consider adoption of a commercial impact in -lieu fee that would require developers of employment -generating commercial and industrial developments to contribute to the supply of low- and moderate -income housing through the provision of commercial in -lieu fees as prescribed in a nexus impact fee study; • Consider adoption of a residential in -lieu fee as an alternative to providing affordable units on site. 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O V = 7 d a, W C p 3 O E � W D CL E> a)�6 4 N E> C U H W O W 41 ai U D >; C Q� U o � i+ v L i, C U 3 c o Cl j d 0 = L Q o O W m i W UI R C W V/ vI w IEIIu U a+ pN v 0 'p 9 - C a+ o MX LLJ y m LL U W U W D_ LL U WCD E C E Wfa L> m E i C W w T Y ra fp C) d O 0 U -O Y v-- w L 01 is 3 '0 C 0) C T d 3 T m o 0 n. M 3 m W O o La O m Y C E W !n E W m 7 C > p_ a Y C W Y N 'B i 61 7— W W N G C W O CO L O> CL 7 w C Y 'C C .O IO O 0 W 'B W m C C -6 W L d •� Y N O w +T+ 'WO ate_, -0 aT+ m °m Cu L° 33 m��� c ;�s,0,— C 1 Y U m Y (a i E i 0 L ++ Y f0 W O m {A W 'p L 0 a +.' L O C ra C7 -O L O = L O. -p V O 7. pur 3c Q '0 O \mo c ro Wmm �Wo W .0 oEamNu7 00 �vEwdN-„-,Wm >�N o� a� oouo°�m �p u v��Np o L W 7 to U O '+' Y U C O to W— 1n C L C C O Ol p M 7 W m _ Wa) W U W -O C �p fa N _C a7 ^ IM C: 0 E W O W W W > N W O N Y C 7 W O 0_ W Y �j Y V1 •to E C C ++ O Y i O1 O U C 01 O '�- p Ot i W W C O u CD O 7— Ol> � G W OC N L C O C -O p Q 'O [a > u> N .G E VI C 01 '�W' C N E i 0 C= .. W W of 7 co >, a INO W aj NC EWo _ WOu N+0' N O W d L � O coUO O M W ra 'o O0 O IL 1)NTO W , Op U U - �"L1 p 0 UY U C C N 3 OC m u W v O N C N C W W W 01 a3 C U SC C Ol C - .p = O- X ate., C W E, �` i W cL 'D C m N O 0 W O1 C p N W -O W 'O C O W -p O 0 a U .UI G .L ” E G N Y OIL R 1p W��moLmv�0C:>�ma7oc0_'u.°E�3N�0a L C O `� W O -6 I 01 O W> Y X L O_ -0 � O W U 'O m d O L U d' to m O., Z3 O C L E O U O1 W Y O C 7 �. o n3 W fl_ 0 .-� m .— ouo0Cnn U L w o m d Q 0- is OL. . . . . . . Ln M W CD W O_ 3 Ol 0 o_ 0 0 u Q C co N W V O 0- 0 O 0 CD C I As required by Section 65583 of the California Government Code, the goals, policies, and actions in this chapter seek to meet quantified housing objectives. Table VI -2 summarizes these findings, which result in a total estimated capacity of 1,066 housing units. All of these units will be produced through new construction. Although the City expects to rehabilitate homes, these upgrades may not meet the definition of "substantial rehabilitation" as required under Section 65583. Planning staff consulted with the Building Official and Code Enforcement Officer and determined that no units within the city have been found to be unfit for human habitation. r �. n..__a.:c:...a a....... �.-. ..F 7n7 c_7n j a Hnnainn Flamant Wnrk Prnnram Income Category ABAG Fair Share New Construction Rehabilitation** Conservation*** Total Very low* 276 276 50 58 384 Low 144 144 45 50 239 Moderate 155 155 0 0 155 Above Moderate 288 288 0 0 288 Total 863 863 95 108 1,066 *Note-. The "extremely -low income- category is nor incwaeo In the Kn NH. rluweVel, UIICJ are charged with addressing the housing needs of this population in the housing element. Although ELI need was not calculated by ABAG, HCD allows the City to assume that approximately half of the very -low income households qualify as ELI. **rehabilitation objectives through code enforcement/ rehabilitation loans (20) and potential fee waivers (75) ***although no affordable units are currently at risk of conversion to market rate housing, the City has set objectives to maintain all current Section 8 units (100). Additionally, it is estimated that eight second unit amnesty applications would be approved based on past performance. Housing Goals, Policies and Action Programs Page 137 [This page intentionally left blank] Housing Goals, Policies and Action Programs Page 138 VII. Data Sources City of Burlingame • Community Development Department • Finance Department • Code Enforcement Public Works Department CA Housing and Community Development Census 1990, 2000, 2010 2011 US Census OnTheMap 2007-2011 American Community Survey 2009-2011 American Community Survey CA Department of Finance, 2013 HOPE Homeless Census and Survey Final Report (2007) Association of Bay Area Governments (ABAG) Projections 2013 21 Elements Housing and Urban Development CHAS 2006-2010 • Real Facts 2013 • San Mateo County Department of Housing • Zillow Real Estate • San Mateo County Association of Realtors • Golden Gate Regional Center • 2009 San Mateo County Homeless Census and Survey 1981 Flood Insurance Rate Maps, City of Burlingame Data Sources Page 139 Appendices City of Burlingame 2015-2023 BURL�NRA11 L d 4 a C5 & N f n UN Housing Element _ APPENDIX A — WORKSHOP SUMMARIES Outreach Summary: Workshop #1 The City of Burlingame hosted Workshop #1 of the Housing Element Update on March 18, 2014. The meeting convened at the Burlingame Recreation Center at 7:00 pm. The fifteen people in attendance were introduced to the Housing Element Update project. The workshop was structured as an informational session that highlighted the findings of the Housing Needs Assessment and covered demographics, housing needs, Burlingame's existing housing stock, housing affordability and the Regional Housing Need Allocation (RHNA) target for the City. Attendees were informed about the importance of the Housing Element being certified by the California Department of Housing and Community Development (HCD) and the necessary steps to adopt a certified Housing Element by the January 31, 2015 deadline. City staff answered questions that arose during the presentation and during the comments session after the presentation. City staff fielded questions about several housing element requirements. Several questions related to the consequences of failing to certify a Housing Element and how smaller communities would be able to meet their RHNA. Although the presentation touched on the consequences of an uncertified Housing Element, City staff and the consultant expanded upon the legal challenges that would arise from noncompliance. Further, the RHNA numbers and the role of HCD and ABAG were discussed to clarify why the City needs to plan for its share of the regional housing needs allocation. There were a number of inquiries regarding the process for identifying potential housing sites. Attendees asked whether existing single-family homes would be replaced with multifamily units, but staff replied that it was not recommending any changes to zoning designations. The opportunity sites analysis typically focuses on determining sites with development potential — these sites may be vacant, underused or have a potential for reuse, but in Burlingame do not require rezoning. An audience member expressed support for mixed use developments and felt a need for more development featuring residential units over ground -floor shops. City staff explained that mixed use development is indeed promoted in Burlingame, particularly in the Downtown and North Burlingame areas. The rising cost of housing in Burlingame is a concern for residents. As stated by one of the attendees, there is increasing pressure that is driving up rents in the rental market. Those who can afford rents in Burlingame are concerned with rents rising beyond what they can afford. Others who want to be part of the community, who are working in the city but have lower incomes, will continue to be excluded as a result of chronically high housing costs. High rents can also force larger households into smaller apartments. Attendees asked whether developers would be interested in building smaller units. City staff responded that there is a market for smaller units, as evidenced by a few projects in the Downtown that feature smaller units to comply with unit size regulations in the Downtown Specific Plan. Several projects featuring smaller units are under review as well. A member of the audience who works in affordable housing development confirmed that there is indeed interest among developers. Developers may look to develop affordable housing projects but the project must be financially sound. Developing more units at smaller sizes is Appendix A Page Al one method to create a more financially viable project. There is interest in smaller units among buyers, which makes is viable for developers to build units that cater to this market. In responding to questions about tools that the City may use to promote the development of more affordable units, City staff raised the idea of fee generation through a variety of mechanisms. A nexus study is being prepared to determine the link between new development and the cost of housing. Other programs that are also being considered include linkage fees and impacts. The meeting concluded with an invitation to attend the next community meeting to discuss opportunity sites. outreach Summary Workshop #2 The City of Burlingame hosted Workshop #2 of the Housing Element Update on May 20, 2014. The meeting convened at the Burlingame Recreation Center at 7:00 pm. Twelve people who were in attendance listened to the presentation of potential housing opportunity sites, program accomplishments and strategic approaches in developing housing programs. The workshop was structured as an informational session that encouraged audience members to ask questions and make comments about sites and programs. City staff explained that many sites were carried over from the existing site inventory in the adopted Housing Element. Maps of these sites, as well as newly proposed sites, were shown to residents on maps in a PowerPoint presentation. The new sites were highlighted in colors that distinguished them from the previously identified sites to show the relative locations of all housing opportunity sites that are proposed for the 2015-2023 Housing Element. The majority of sites were concentrated in North Burlingame and Downtown Burlingame. Sites After City staff went through these sites, attendees asked a few questions about specific sites that were included and wondered whether other sites could be included: • Peninsula Hospital area: Located in North Burlingame, this area could accommodate new housing in the City. An audience member stated that the area around Peninsula Hospital used to be affordable to seniors but is now too expensive. She wondered whether there was a way to make housing affordable to keep people in -their homes. Staff replied that new development at the site would be required to meet the City's affordability requirements, but that plans are only conceptual at this point. • North Burlingame area office buildings: One attendee believes that some of the sites in the North Burlingame area seem to be neglected in terms of new development. Staff noted that there are a number of Appendix A Page A2 individual property owners in the area, which makes it difficult to consolidate parcels and gain efficiencies of scale with larger parcels. Older office buildings are still being rented out, and many long-term property owners do not want to put their properties on the market. • East Burlingame/ Burlingame Bayfront: The movie theater site was not included in the housing opportunity sites inventory, but was a location that an audience thought might warrant some consideration. Staff stated that the zoning would need to be changed in order to accommodate housing, and that the current update was not focusing on zoning changes. However the City's upcoming General Plan update will provide an opportunity to reconsider land uses and would provide a better venue for considering changes to sites that the community thinks would be better utilized, including the Bayfront area. In terms of physical constraints, the lack of services near the site to support housing development is an existing challenge and will require more planning and investment if it were to become a residential location. • Burlingame Plaza: A question arose about changes to Burlingame Plaza. Zoning allows changes to Burlingame Plaza but owners are pursuing a remodel instead. The shopping center is split into multiple parcels, so it is difficult to coordinate a project. • Other: One attendee was interested in assisted living projects that may be developed. A Sunrise Senior Living assisted living project has resumed construction in North Burlingame after being dormant for several years. There is also an application under review for an additional assisted living project on a nearby site. Affordable Housing City staff and attendees discussed opportunities for affordable housing development in Burlingame. Affordable housing is often located near amenities such as transit, senior centers, and parks. Burlingame's BART and Caltrain stations can provide housing units with great access to public transportation. Sites with the potential to support affordable housing development are ones that meet eligibility for State and Federal funding, with transit proximity as a common requirement. Second Units Questions and interest about second units were discussed, including the definition of second units, restrictions and applicability towards the RHNA. In brief, City staff stated that second units count towards the RHNA and are defined as independent dwelling units occupying the same lot as a primary unit. There are provisions in the zoning code which allow new second units on certain lots in Burlingame, subject to performance standards to make sure the units are compatible with the neighborhood. O rci a n izatio ns Attendees and City staff had conversations about organizations that can help the City and residents in the provision of affordable housing options for all residents. Appendix A Page A3 • Neighborhood Housing Services of Silicon Valley is an affordable housing resource It manages Burlingame's affordable housing programs, however the number of affordable housing units in Burlingame is still relatively small. • Human Investment Program opportunities Human Investment Program (HIP) connects people to affordable housing options, including a homesharing program linking people in need of housing with people who have space in their homes. The homesharing program is mentioned in the Housing Element and the City will continue to monitor the affordable housing alternatives managed by HIP. While home sharing is not counted towards RHNA targets, it provides a valuable option for meeting housing needs of the community. • Center for Independence of Individuals with Disabilities as an additional local resource City staff has conducted outreach with the Golden Gate Regional Center, which provides services to persons with disabilities in the region encompassing San Mateo, San Francisco, and Marin counties. In expanding outreach to persons with disabilities, staff will also reach out to other local resources including the services provided by the Center for Independence. The meeting concluded with an invitation to attend the Planning Commission meeting to discuss the public review draft of the Housing Element. Appendix A Page A4 .-, I L , I ZM, Role], W91 ll Z4 &I RwA Lei wvo,. .. , LO.AlLel 4 . N] L& 1 . -:.1 ,. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. EI Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-29111 FAX (916) 263-7453 w .hcd.ca.gov November 25, 2014 Mr. Kevin Gardiner, Planning Manager Community Development Department City of Burlingame 501 Primrose Road Burlingame, CA 94010-3997 Dear Mr. Gardiner: RE: City of Burlingame's 5th Cycle (2015-2023) Draft Housing Element `UpMUNfTy a �'f L ro U'.tlf'UAlnP Thank you for submitting the City of Burlingame's draft housing element update which was received for review on September 30, 2014, along with additional revisions received on November 19, 24 and 25, 2014. Pursuant to Government Code (GC) Section 65585(b), the Department is reporting the results of its review. Our review was facilitated by various communications including a telephone conversation with you on October 27, 2014. The Department conducted a streamlined review of the draft housing element based on the City meeting all eligibility criteria detailed in the Department's Housing Element Update Guidance. The City also utilized 21 Elements pre -approved housing needs assessment. In addition, the Department received comments from Karyl Eldridge, on behalf of San Francisco Organizing Project and Peninsula Interfaith Action (SFOP/PIA) and Housing Leadership Council of San Mateo County (HLC), pursuant to GC Section 65585(c). The draft element with revisions meets the statutory requirements of State housing element law. The element will comply with State housing element law (GC, Article 10.6) when the draft and revisions are adopted and submitted to the Department, in accordance with GC Section 65585(g). Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower -'income and special needs households, by making information regularly available, considering and incorporating comments where appropriate. The Department appreciates the hard work and dedication of the City in preparation of the housing element and looks forward to receiving Burlingame's adopted element. If you have any questions or need additional technical assistance, please contact Greg Nickless of our staff, at (916) 274-6244. SincereI , 4 Paul McDougall Housing Policy Manager City of Burlingame Staff Report To: Honorable Mayor and City Council Date: September 2, 2014 From: William Meeker, Community Development Director - (650) 558-7255 Kathleen Kane, City Attorney - (650) 558-7204 BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Subject: Review and Comment on Revisions to the Draft 2015-2023 Housing Element Update and Authorize the Community Development Department to Submit the Document to the State Department of Housing and Community Development for Review and Certification RECOMMENDATION The City Council should review revisions to the Draft Housing Element Update, as directed subsequent to the public hearing conducted at the August 18, 2014 City Council meeting. Provided that the revisions as attached are acceptable, the Council should, by motion, authorize the Community Development Department to submit the revised document to the State Department of Housing and Community Development for review and certification. BACKGROUND By State mandate, each city and county in the Bay Area Region of California is required to plan for the housing needs for its share of the expected new households over the next eight years as well as for the housing needs of all economic segments of each jurisdiction's population. This planning is being done in Burlingame by updating the City's adopted 2009-2014 Housing Element of the General Plan. The Housing Element serves as a guiding document for new housing development, how the City allocates resources for new housing, and housing -related services during the period from 2015-2023. The draft Housing Element was reviewed in public hearings before both the Planning Commission and the City Council. Following its discussion, the Council directed staff to make identified changes to the draft and bring it back for action. At its August 18, 2014 meeting the City Council conducted a public hearing, considered public input, and provided comments on the Draft Housing Element. Revisions have been made to the draft document to reflect Council comments. The revised document with revisions shown as tracked changes is attached to this report. Summary of Revisions to the Draft Housing Element: Revisions to the Draft Housing Element include: Population Growth and Trends Goes 10-12) - The Population Growth and Trends section has been expanded to include a discussion of historic population increases, the Association of Bay Area City of Burlingame Page i of 4 Printed on 8128/2014` powered by Legistar^ Government (ABAG) projections, and State Department of Finance (DOF) Estimates. • Concurrent Processing (page 48) - A note has been added to the Governmental Constraints Land Use Regulations section clarifying that when a project requires more than one type of application, the applications are processed concurrently. • Burlingame Fair Property Rights Ordinance (Measure T)(iaae 49) - A description of the Burlingame Fair Property Rights Ordinance has been added to the Governmental Constraints section. • Stormwater Runoff (page 50) - A notation is been added to the NPDES (National Pollutant Discharge Elimination System) Requirements section acknowledging that current regulations encourage on-site stormwater retention and recharge. • Provisions for Smaller Units (page 6161) - Mention of provisions to provide smaller, more affordable units has been added to the discussion of Community Resources and Opportunities. • Energy Conservation (page 92) - Acknowledgement that Burlingame requires new development to exceed Title 24 energy conservation requirements by 15 percent. • Program H(A-3): Allow Fee Waivers for Affordable Rehabilitation (pace 99) - The program has been expanded to identify not only San Mateo County programs and non-profit agencies, but also other means including Federal Programs. The program further suggests providing incentives for property owners to maintain their properties. • Program H(B-2): Implement an Outreach Program for Persons with Disabilities and Others with Special Needs (page 101) - Agencies identified in the program have been expanded to include InnVision Shelter Network, Call Primrose, and Center for Independence of Individuals with Disabilities. City Council Comments Follow -Up : The City Council provided a number of comments relating to the function of the Housing Element and its relationship to other regulatory documents. Some of the comments address related City initiatives that do not necessarily need to be specifically addressed in the Housing Element text but merit further discussion for future implementation. • Inclusionary Housing Incentives - As described in the August 18, 2014 staff report, the City's existing Inclusionary Housing requirements as outlined in Chapter 25.63 of the Zoning Ordinance will need to be reviewed to ensure consistency with local and state legi�fative requirements, including the Burlingame Fair Property Rights Ordinance (Measure T). This will be conducted in conjunction with consideration of an amendment to the zoning code to include a density bonus ordinance in accordance with State standards for the provision of housing units for very low- and lower-income renters, seniors and moderate income residents in compliance with Government Code Section 65915, et seq. This will provide the opportunity to study alternate incentives to providing below-market rate units in new developments, including consideration of formulas based on floor area in addition to numbers of units. • Impact Fee Nexus Study - Burlingame has joined with other San Mateo County jurisdictions in a nexus and financial feasibility study to consider Housing Impact Fees to assess new market rate development for the increased demand that it creates for affordable housing. The nexus study is required for City of Burlingame Page 2 of 4 Printed on 8/28/2014 powered by LegistaT- implementation of in -lieu fees, as well as to provide a legal basis to support the City's existing inclusionary housing requirements. The nexus study will include a range of recommendations for fees that take a variety of considerations into account, including construction costs and project feasibility. While all San Mateo County jurisdictions are participating in the study, the fee options will be specific to each jurisdiction, and each jurisdiction will make its own determination with the types and amounts of fees it may adopt. • Renters' Task Force - There have been suggestions of a task force to consider options for enabling residents to remain in the community in the face of scarce housing and rising rents. Given the constraints of the Fair Property Rights Ordinance, options may be limited for many common anti - displacement tools. However creative solutions could be considered, such as homesharing which benefits both renters and homeowners. Program H(D-1) of the Draft Housing Element specifies referring seniors who are homeowners to the Human Investment Project (HIP) for Housing Home Sharing Program, to find eligible tenants to share their housing. This effort could also establish a "dashboard of indicators" to track rent and sales trends as well as consumer price data that impact overall affordability. Relationship to the General Plan and Zoning Ordinance : Current zoning and land use designations provide sufficient capacity to accommodate the City's Regional Housing Needs Assessment (RHNA) targets, so it will not be necessary to rezone or change land use designations to implement the updated Housing Element. Given this situation, the adoption of the updated Housing Element will not convey any potential entitlements that do not already exist under the current General Plan, specific plans, and Zoning Ordinance. A comprehensive update of the City's General Plan is anticipated in the next two years. However there has( been some confusion regarding the relationship of the 2015-2023 Housing Element to the General Plan, particularly whether the 2015-2023 Housing Element Update will set the direction for the rest of the General Plan. To clarify: • The General Plan is the City's top-level policy planning policy document - in effect, its "master plan." • The Housing Element is one part of the General Plan. Other parts include the Land Use, Circulation/Transportation, Open Space, Conservation, Safety, Scenic Roads and Highways, and Noise Elements. • While the Housing Element is the key policy document relating to housing, it must be consistent with all other General Plan elements including the Land Use Element. • In the hierarchy of plans and regulations, the General Plan sets the framework for all the zoning and codes that follow, with the exception of State building codes. If the community desired to make a policy change to zoning or any other ordinances, it would start with the General Plan. Given that the 2015-2023 Housing Element is required to be adopted prior to the timeframe of the General Plan Update, the approach to the update of the Housing Element has been to work within existing land use and zoning designations. If there is interest in making any changes to land use that may impact housing, the General Plan update will provide a venue for considering such changes as part of a broader city-wide context that addresses housing needs as well as employment and economic development. Any such changes would be considered as part of a city-wide General Plan discussion, rather than the current Housing Element Update. City of Burlingame Page 3 of 4 Printed on 8/28/2014 powered by Legistar- Next Stens : After Council action on the revisions to the Draft 2015-2023 Housing Element, Community Development Department staff will submit the document to the California Department of Housing and Community Development for review and certification. Once the State review is complete and the Housing Element is certified as compliant with State law, the document will be resubmitted to the public, Planning Commission and City Council for final adoption. FISCAL IMPACT None. Prepared by: Kevin Gardiner, Planning Manager Exhibits: 1. Council Resolution (Proposed) 2. Revised Draft 2015-2023 Housing Element dated September 2, 2014 City of Burlingame Page 4 of 4 Printed on 8/28/2014 petered by Legistar"" a STAFF REPORT AGENDA ITEM NO: IMIAaII0Lei V:\Iso To: Honorable Mayor and City Council Submitted by Date: August 18, 2014 Approved by From: William Meeker — (650) 558-7250 August 18, 2014 Subject Review and Comment on Draft 2015-2023 Housing Element Update and Authorize the Community Development Department to Submit the Document to the State Department of Housing and Community Development for Review and Certification RECOMMENDATION The City Council should review the Draft Housing Element Update, conduct a public hearing, and consider public input on the contents of the Draft Housing Element. At the conclusion of the hearing, the City Council should: 1. Provide direction about any changes to be made to the proposed draft document; and 2. Authorize the Community Development Department to submit the document, with any suggested changes, to the State Department of Housing and Community Development for review and certification. BACKGROUND By State mandate, each city and county in in the Bay Area Region of California is required to plan for the housing needs for its share of the expected new households over the next eight years as well as for the housing needs of all economic segments of each jurisdiction's population. This planning is being done in Burlingame by updating the City's adopted 2009-2014 Housing Element of the General Plan. The Housing Element serves as a guiding document for new housing development, how the City allocates resources for new housing, and housing - related services during the period from 2015-2023. DISCUSSION The Draft Housing Element includes a Housing Inventory Sites list that demonstrates how the City could accommodate its Regional Housing Needs Allocation (RHNA) of 863 units, and contains policies and programs to encourage developers in the production of housing. The sites selected are concentrated in the Downtown Burlingame area near the Caltrain station and in the North Burlingame area, near the Millbrae Intermodal Station. Since the adoption of the most recent Housing Element and the Downtown Specific Plan, implementing zoning is now in place 1 I Draft 2015-2023 Housing Element Update August 18, 2014 so that all of the identified potential housing sites can be accommodated within the existing zoning for these sites. Public Process: Broad-based community participation is essential to preparing an implementable and locally meaningful housing policy and action program. After compiling data on Burlingame's housing needs and demographics, the City held two community workshops to receive input from the community about Burlingame's housing needs and potential housing sites. Summaries of the two workshops are included in the Draft Housing Element document. Review of Draft 2015-2023 Housing Element: California State Housing Element law requires each city and county to update its housing element every five to eight years to ensure that all localities provide adequate development sites for sufficient new housing to meet their fair share of the regional housing need. As part of the Regional Housing Needs Allocation (RHNA) process overseen by the Association of Bay Area Governments (ABAG), the City of Burlingame was assigned a quantified goal of 863 housing units. This represents the City's "fair share" of projected housing need for the 2015-2023 planning period, distributed among the following income groups: extremely low (138 units), very low (138 units), low (144 units), moderate (155 units) and above moderate (288 units) income categories. San Mateo County as a whole was designated 16,418 housing units, which is 8.7 percent of the Bay Area allocation. Housing Element law is the State's primary strategy to increase housing supply, choice and affordability. The Housing Element identifies the existing and projected housing needs of all economic segments of the community, including the homeless and persons with disabilities, and promotes a variety of housing types, including multifamily rental units, transitional and other types of supportive housing. The Housing Element also defines the policies and programs that the community will implement to achieve its housing goals and objectives. It is important to note that Housing Element law only requires the City to provide residential zoning opportunities to accommodate its RHNA allocation, it does not require the City to approve or itself construct such housing. However, the programs and policies in the Housing Element must present a reasonable framework for entities wanting to build housing, and should represent a good faith effort to address market and regulatory constraints. Cities and counties without compliant housing elements may be faced with legal challenges pursuant to Housing Element law and/or fair housing law. In addition, many State housing, transportation and infrastructure funding programs available to local governments require a certified Housing Element as one of the eligibility crit: ia. The State's sustainable communities law (known as SB 375) to reduce greenhouse gases contains further incentives for cities to submit compliant Housing Elements by conditioning key transportation grants to compliant elements and by extending the time frame of the housing cycle for cities with certified elements. The Housing Element is a subset of the General Plan. Relevant policies in the Housing Element, along with policies from the other elements of the General Plan, provide the overall guidance to address neighborhood compatibility, location, density, design, environmental constraints, and public services for new housing opportunities. The document contains five mandatory components including a Housing Needs Assessment, which identifies the City's existing and projected housing needs; a sites inventory analysis including a detailed land Draft 2015-2023 Housing Element Update August 18, 2014 inventory and analysis of potential housing sites; an analysis of constraints on housing, both governmental and non-governmental; housing programs and quantified objectives. Within the Housing Element, the Profile of the Community identifies current and past trends in l Burlingame regarding the demographic profile of the City, housing characteristics and employment patterns, and it contains the Housing Needs Assessment identifying the components of the City's housing stock and the residents' needs. The Housing Constraints section identifies governmental, market and environmental -related constraints to the development of housing, and offers solutions to alleviate the restrictions. The Community Resources and Opportunities section identifies the potential development sites for housing within the city, any required changes to the zoning of those sites, public infrastructure capacity, financial resources and opportunities for energy conservation. The Housing Goals, Policies and Action Programs section outlines key program accomplishments from the 2009-2014 Housing Element and creates a road map for implementation of the policies and programs for the current Housing Element update. KeV Changes to the Housing Sites Inventory: The housing sites inventory includes many of the same sites that were identified as appropriate for housing in the 2009-2014 Housing Element. There are a few new sites identified in the Downtown area, based on the adopted Downtown Specific Plan. These sites include the Post Office site, City Parking Lots E, F & N, and the City Hall site. IntheNorth Burlingame area, the vacant portion of the Peninsula Hospital site and an adjacent site on Marco Polo Way, and the gas station site at the corner of EI Camino Real and Murchison have been identified. Other sites in the Downtown area have been included where there are active proposals submitted now under review. ` Goals, Policies and Action Programs: The updated 2015-2023 Housing Element carries over many of the Goals, Policies and Action Programs from the previous Housing Element. These include goals to preserve the character of existing neighborhoods; remove barriers to housing choice based on discrimination; provide housing opportunities for City employees, teachers, hospital workers and others in the service industry; provide incentives to developers to include affordable units in new residential projects; encourage special purpose housing for the elderly, the disabled population and single parent households; reduce residential energy use to conserve energy and reduce housing costs; and to provide programs to increase affordability of housing. New programs proposed to be added to achieve these goals elude the following: • Program H(A-3) — Allow fee waivers for affordable rehabilitation: Consider amendment to the Master Fee Schedule to allow for waiver of permit fees for rehabilitation of affordable housing achieved through San Mateo County programs or through non-profit agencies. • Prooram H(8-2) — Implement an outreach program for persons with disabilities: Work with the Golden Gate Regional Center, a state -funded nonprofit organization serving individuals with developmental disabilities in Marin, San Francisco and San Mateo counties, to implement an outreach program that informs families in Burlingame about housing and services available for persons with disabilities. The program could include 3 Draft 2015-2023 Housing Element Update August 18, 2014 the development of an informational brochure, providing information on services on the City's website, and providing housing -related training for individuals/families through workshops. • Program H(C-3) — Consider adoption of a commercial in -lieu fee: Consider adopting a commercial in -lieu fee that would require developers of employment -generating commercial and industrial developments to contribute to the supply of low- and moderate -income housing through the provision of commercial in -lieu fees as prescribed in a nexus impact fee study. • Program H(C-4) — Consider adoption of a residential in -lieu fee option: Consider adopting a residential in -lieu fee as an alternative to providing affordable units on-site. • Program H(F-3) — Create Priority Development Area (PDA) Housing Overlay Zone: Amend the zoning code to create a "Priority Development Area Housing Overlay Zone" to establish standards and incentives for housing in the portions of the community zoned for high density residential and/or mixed use development that are adjacent to transit corridors and transit centers. Specific standards to be considered are densities, development standard incentives, parking requirements, building heights, transitions with adjacent lower -density residential neighborhoods and specified level of affordability. The Priority Development Area covers the North Burlingame area, the EI Camino Real and California Drive corridors and the Downtown Specific Plan area. Accomplishments Achieved Based on the 2009-2014 Action Program: Burlingame's 2009- 2014 Housing Element action program contained a number of items that have been accomplished. Among the programs implemented during the planning period were: • Reasonable Accommodation for Accessibility The zoning code was amended to include a Reasonable Accommodation for Accessibility procedure which establishes a process by which an individual with a disability may request modifications to development standards to install physical improvements (such as ramps, handrails, elevators or lifts) necessary to accommodate the disability. • Emergency Shelters: The zoning code was amended to permit emergency shelters by right within the northern part of the Rollins Road (RR) zoning district subject to performance standards- This area was identified as appropriate for emergency S-haIters because it is near services and transportation (close to the Millbrae BART/Caltrain Station). • Transitional and Supportive Housing: The zoning code was amended to include definitions for transitional and supportive housing as outlined in State law, and to specify that these uses are considered a residential use subject to the same restrictions as other residential uses of the same type in the same zone district. • Secondary Dwelling Units: The zoning code was amended to allow secondary dwelling units on certain lots within the R-1 zone district, subject to performance standards. Draft 2015-2023 Housing Element Update August 18, 2014 • Downtown Specific Plan Zoning Implementation: In addition, the Downtown Specific Plan was adopted as well as all implementing ordinances. The zoning implementation actions for the Downtown Specific Plan, which also implemented the Housing Element programs, include the following: ✓ Established a series of Mixed Use Zoning District in areas that were previously zoned exclusively for commercial uses. These districts would allow both mixed use buildings that include residential uses as well as stand-alone multiple family residential uses. ✓ Established an R-4 Incentive District adjacent to the Downtown Commercial core that allows taller buildings to encourage multiple family residential development. ✓ Established reduced parking requirements for any multiple family residential use within the Downtown area west of California Drive. ✓ Established a maximum average dwelling unit size throughout the Downtown area to encourage smaller, more affordable units. Related Initiatives: Concurrent with developing the Draft 2015-2023 Housing Element Update, staff has been working on related initiatives that will need to be implemented prior to final certification of the Housing Element in January 2015: • Density Bonus Ordinance: Planning staff is in the process of proposing an amendment t to the zoning code to include a density bonus ordinance in accordance with State standards for the provision of housing units for very low- and lower-income renters, seniors and moderate income residents in compliance with Government Code Section 65915, et seq. The Density Bonus Ordinance must be adopted prior to final certification of the Housing Element in order for the City to qualify for streamlined review and to qualify for the 8 -year review cycle (as opposed to a 4 -year cycle). It is expected that the Density Bonus Ordinance will be considered by the Planning Commission at either the July 14th or July 28, 2014 meeting, and by the City Council in late summer or early fall. • Impact Fee Nexus Study.' Burlingame has joined with other San Mateo County jurisdictions in a nexus and financial feasibility study to consider Housing Impact Fees to assess new market rate development for the increased demand that it creates for affordable housing. The nexus study is required for implementation of in -lieu fees, as well as to provide a legal basis to support the City's existing inclusionary housing requirements. The nexus study will be completed prior to final certification of the Housing Element. General Plan Update: A comprehensive update of the City's General Plan is anticipated in the next two years. Staff is currently developing a Request for Proposals for qualified consultants to assist with the effort, and plans to engage the City Council in the work plan is anticipated after the summer break. Given that the 2015-2023 Housing Element is required to be adopted prior to the timeframe of the General Plan Update, the approach to the update of the Housing Element Draft 2015-2023 Housing Element Update August 18, 2014 has been to work within existing land use and zoning designations. Current zoning and land use designations provide sufficient capacity to accommodate the City's RHNA targets, so it is not necessary to rezone or change land use designations. However, as part of the community engagement for the Housing Element, there has been interest in exploring housing opportunities in other areas of the community that do not currently allow residential use. The approach in the current Housing Element Update has been to suggest that any consideration of expanding residential uses be taken up as part of the General Plan Update, since any changes could impact other land uses and economic interests. The General Plan Update will provide a venue for considering such changes as part of a broader city-wide context that addresses housing needs as well as employment and economic development. Planning Commission Action: On June 23, 2014, the Planning Commission, by a 6-0-0-1 vote (Commissioner DeMartini absent), recommended to the City Council that the Draft 2015- 2023 Housing Element be submitted to the State Department of Housing and Community Development for review and certification. The Planning Commission and members of the public made the following comments regarding the Draft Housing Element. Commission Comments: • Based on the statistics in the Housing Element, it appears that there are about 30,000 jobs in Burlingame where the people who hold these jobs do not live here. Would like to know the number of service employees who work here but don't live here. • Would like to see a few clarifications in the chapter on Government Constraints: ✓ Clarify that there are other methods to handle storm drainage so that some of the runoff can be retained on site and all drainage does not have to be accommodated by the storm drain system. Alternative solutions could help affordability. ✓ Clarify that for energy conservation, Burlingame requires that new development must exceed Title 24 energy conservation requirements by 15 percent. ✓ Clarify that when several types of applications are required for a project, they are processed concurrently; therefore, the timelines for a project would not be as long as if they were processed sequentially. • In addition to the sites identified in the Draft Housing Element that are already zoned for multi -family residential use, consider adding a band of R-2 zoning behind the R-3 zoned properties along EI Camino Real to provide a transition and to add another type of housing opportunity. • Want to make sure that if in -lieu fees are established, there is a clear mechanism to show that the fees collected are used to achieve Housing Element goals. 6 Draft 2015-2023 Housing Element Update August 18, 2014 • Growth in Burlingame is limited by availability of sites, demand is now exceeding supply, and housing prices indicate that there is demand, so if the housing stock is increased perhaps there will be less price pressure. • The affordable requirements the City now has seem perfunctory and it seems the City could do more. It does not go far enough to add more affordable units. • There was a downturn in the economy during the last Housing Element cycle, there were projects approved that didn't go forward, which could partly explain why housing production was not greater. We are seeing more projects proposed now that the economy is improving. • Projects need to be well planned and crafted to fit into the neighborhood. • The Housing Element framework has been crafted to accommodate housing; it has to make sense to build the units. If it doesn't make sense, the units won't be built. With direction from the City Council, the Commission's clarifications to the text of the Governmental Constraints chapter can be incorporated into the Draft Housing Element when it is sent to the State Department of Housing and Community Development for review and certification. Public Comments: Prior to action on this item, the Commission received public testimony regarding the Draft Housing Element. Following is a summary of public comments: • Want to make sure we maintain the quality of Burlingame's neighborhoods. There are no shabby neighborhoods now; what contributes to a shabby neighborhood is the appearance of the buildings and congested parking. Concerned with reducing parking standards, and how will that affect the quality of Burlingame's neighborhoods. • Burlingame appears to be focusing on a walkable urbanism which relies on higher density and access to transportation. However this density would be greater than what Burlingame can sustain. Transit oriented development relies on High Speed Rail and electrification of Caltrain in the future, and these are not given. It is understandable that there is a desire to increase the tax base, but this can be done either through hyper - development c, through enhancing what already makes the community unique. Should look at the Bayshore area as another alternative for locating housing. • Represent a coalition of community groups that promote best practices to address affordable housing need, and many of these best practices have been incorporated into the Draft Housing Element. Would like to see more robust anti -displacement policies, since rents have gone up at an alarming rate and the impacts are profound. Would like the City to recognize this threat and include a policy to study anti -displacement. • Lived in an apartment building in North Burlingame, the rent went up by $800, and all but ` one tenant had to move out. This is an issue that needs to be addressed. The Housing 1! Element states that 42% of people who work in Burlingame make less than $33,000 a 7 Draft 2015-2023 Housing Element Update August 18, 2014 year, but there are no affordable housing options for seniors or the disabled. The Housing Element has no muscle to affect change. In the last Housing Element cycle, only 77 units were built out of more than 600 planned for. • Without an adopted Housing Element, the community won't get transportation funds; do we want transit development that looks like San Mateo or Millbrae? Not sure people will use public transit, but Priority Development Areas need transit to work. Population in Burlingame has only changed by 1000 people, so why do we need more housing? Senior assisted living projects should be required to include affordable units. In addition, staff received two emails with comments on the Draft Housing Element (refer to attached emails from Mark Haberecht, 1505 Balboa, and from David DeNola, Center for Independence). Next Steps: After Council action on the Draft 2015-2023 Housing Element, Community Development Department staff will submit the document to the California Department of Housing and Community Development for review and certification. Once the State review is complete and the Housing Element is certified as compliant with State law, the document will be resubmitted to the public, Planning Commission and City Council for final adoption. FISCAL IMPACT None. Kevin Gardiner Planning Manager Exhibits: • Council Resolution (Proposed) • Draft 2015-2023 Housing Element (separate document) • Email from Mark Haberecht, 1505 Balboa, dated June 23, 2014 • Email from David DeNola, Center for Independence, dated June 23, 2014 • Planning Commission Resolution • Planning Commission Minutes, June 23, 2014 • Notice of Public Hearing — Mailed and Published in the San Mateo County Times June 27, 2014 ', COMMUNITY DEVELOPMENT DEPARTMENT CITY OF BURLINGAME B R�,N�AE Planning Division City Hall — 501 Primrose Road l.f. PH: (650) 558-7250 Burlingame, California 94010-3997 FAX: (650) 696-3790 NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION To: Interested Individuals From: City of Burlingame County Clerk of San Mateo Community Development Department Planning Division 501 Primrose Road Burlingame CA 94010 Subject: Notice of Intent to Adopt a Negative Declaration (ND -578-P) Forthe 2015-2023 Burlingame Housing Element Update Project Location: City-wide — City of Burlingame, San Mateo County, California Project Description: The project consists of the update of the City of Burlingame's Housing Element, a mandated element of the General Plan. The document includes programs and policies which address the housing needs of the community. New policies and programs in the updated Housing Element include recommendations for the creation of incentives to encourage development of a variety of housing types, allowing fee waivers for affordable rehabilitation, and consideration of residential and commercial in -lieu fees to contribute towards the supply of low- and moderate -income housing. Any future changes in regulations, zoning changes and development of housing will be subject to environmental review per the requirements of the California Environmental Quality Act, and subject to public review and hearings prior to implementation. The specific recommendations for implementation of the goals and policies are outlined in the Draft Housing Element. There are no major changes proposed to the goals and policies of the current 2009-2014 Housing Element, and no changes to any land use or zoning designations. The City of Burlingame is a mature community with very little vacant land available for development. Most of the sites selected for housing are infill sites which are now underdeveloped and could be redeveloped at higher densities under existing zoning regulations. Three areas of the City are specifically identified for developme opportunities: Downtown Burlingame, North Burlingame, and sites along Carolan Avenue. Since the Housing Element upda is an amendment to the General Plan, the analysis of environmental impacts is being done on a broad scale. All of the programs and policies can be implemented through the zoning code now in place. Analysis of the housing element update will assume development will occur under the existing code as well as the recommended code revisions, which will likely occur within the first year of implementation. In accordance with Section 15072(a) of the California Environmental Quality Act (CEQA) Guidelines, notice is hereby given of the City's intent to adopt a Negative Declaration for the project listed above. A negative declaration is prepared for a project when the initial study has identified no potentially significant effect on the environment, and there is no substantial evidence in the light of the whole record before the public agency that the project may have a significant effect on the environment. The City of Burlingame has completed a review of the proposed project, and on the basis of an Initial Study, finds that the project will not have a significant effect upon the environment. The City has prepared a Negative Declaration and Initial Study that are available for public review at City Hall, 501 Primr.-se Road, Burlingame, Californi=, 94010. As mandated by State Law, the minimum comment period for this document is 30 (thirty) days and begins on December 3, 2014. Comments may be submitted during the review period and up to the end of the 30 -day review on January 5, 2015. Persons having comments concerning this project, including objections to the basis of determination set forth in the Initial Study/Negative Declaration, are invited to furnish their comments summarizing the specific and factual basis for their comments, in writing to: William Meeker, Community Development Director, City of Burlingame Community Development Department, Planning Division, Sol Primrose Road, Burlingame, CA 94010-3997, Fax: (650) 696-3790; Email: wmeeker@burlingame.org. Pursuant to Public Resources Code Section 21177, any legal challenge to the adoption of the proposed Initial Study/Negative Declaration will be limited to those issues presented to the City during the public comment period described above. Public Hearing: The City of Burlingame City Council will hold a public hearing to consider adoption of the proposed 2015-2k Housing Element Update and the Negative Declaration for this project on Monday, January 5, 2015 at 7:00 p.m. in the Council Chambers, Burlingame City Hall, 501 Primrose Road, Burlingame CA 94010. Published and Posted: December 3, 2014 40URL[NGAME S TA F F REPORT AGENDA NO: 1 Oa 65 MEETING DATE: January5, 2015 To: Honorable Mayor and City Council Date: January 5, 2015 From: William Meeker, Community Development Director — (650) 558-7255 Kathleen Kane, City Attorney — (650) 558-7204 Subject: Adoption of an Ordinance of the City Council of the City of Burlingame, Amending Chapter 25.63 of the Burlingame Municipal Code to Comply with State Law Requiring Incentives or Concessions for Qualifying Developments (Density Bonus Ordinance) RECOMMENDATION The City Council should: 1. Consider public comment and discuss the proposed ordinance. 2. Adopt the ordinance by motion: "An Ordinance of the City Council of the City of Burlingame, Amending Chapter 25.63 of the Burlingame Municipal Code to Comply with State Law Requiring Incentives or Concessions for Qualifying Developments (Density Bonus Ordinance)". BACKGROUND State Density Bonus Law, Government Code Section 65915, was first enacted in 1979. The law requires local governments to provide density bonuses and other incentives to developers of affordable housing who commit to providing a certain percentage of dwelling units to persons whose income does not exceed specific thresholds. Cities also must provide bonuses to certain developers of senior housing developments, and in response to certain donations of land and the inclusion of childcare centers in some developments. Essentially, state density bonus law establishes that a residential project of five or more units that provides affordable or senior housing at specific affordability levels may be eligible for: • a "density bonus" to allow more dwelling units than otherwise allowed on the site by the applicable General Plan Land Use Map and Zoning; • use of density bonus parking standards; • incentives reducing site development standards or a modification of zoning code or architectural requirements that result in financially sufficient and actual cost reductions; 1 Introduction - Density Bonus Ordinance January 5, 2015 • waiver of development standards that would otherwise make the increased density physically impossible to construct; • an additional density bonus if a childcare facility is provided. A density bonus may be approved only in conjunction with a development permit (i.e. tentative map, parcel map, use permit or design review). Under State law, a jurisdiction must provide a density bonus, and incentives will be granted at the applicant's request based on specific criteria. The amount of the density bonus is set on a sliding scale. Jurisdictions are required to adopt a density bonus ordinance prior to or in conjunction with the final certification of the 2015-2023 Housing Element in January 2015. The updated Burlingame 2015-2023 Housing Element includes 35 different programs, each designed to respond to various aspects of the community's housing needs. No one program is able to address every housing issue in itself, but each has an important place in contributing to a comprehensive housing strategy. The Density Bonus Ordinance (and the previous Inclusionary Ordinance) is intended to allow new housing development to contribute towards the community's need to provide housing opportunities for a range of households and incomes. In this respect, the Density Bonus Ordinance is an implementation of Housing Element Program H(C-2) which calls for incentives for developers to include affordable units in new residential projects. Additional background and discussion of the Density Bonus Ordinance can be found in the staff report provided for the November 17, 2014 City Council meeting. That report is included as an attachment,- the remainder of this report provides follow-up analysis to Council comments. DISCUSSION The City Council last considered the Density Bonus Ordinance at its November 17, 2014 meeting (meeting minutes attached). Councilmembers requested follow-up on potential impacts of the proposed density bonus on typical development sites, expressed concern with reduced parking standards in locations outside of Downtown, and requested staff to engage housing developers for further input. Potential Impact on Typical Sites: At the November 17th meeting, staff presented two sample scenarios showing how the sliding scale for the density bonus would translate to numbers of units on a prototypical one -acre site. Councilmembers asked for further analysis such as illustrating the physical implications of a density bonus on a project, and the differences in the amounts of parking provided. Attached to this report is an exhibit that provides a series of scenarios for a prototypical 20,000 square foot site. This parcel size was determined to be more representative of a typical infill project in Burlingame. A number of potential scenarios are illustrated since different applicants may choose different incentives. Furthermore, the implications of additional units on a project may result in greater building mass, but alternatively could result in a greater number of smaller units within the same building mass. The prototypes are meant to illustrate a range of potential FA Introduction - Density Bonus Ordinance January 5, 2015 scenarios that could result from the provisions in the proposed ordinance. The prototypes do not indicate that the City would approve any particular project, and are for illustration purposes only. Developer Input: The proposed ordinance is a merger of the State's density bonus provisions and the City's previous Inclusionary Housing Ordinance. As such, it is intended to provide a mechanism for continuing (and expanding) the City's previous inclusionary housing program, as well as comply with the State mandate to provide specific incentives to help make the development of affordable and senior housing economically feasible. The State legislation has been in place in its current form since 2008, and the incentives it provides have been vetted by both affordable housing and market -rate developers. The City's Inclusionary Housing Ordinance has been in place since 2003 and has been applied to a total of eight multifamily residential projects representing 115 units, including 14 affordable units. Incentives in the draft ordinance represent direction from the state legislation, together with the City's experience with projects approved and constructed since the Inclusionary Ordinance was adopted in 2003. For perspective from a representative affordable housing developer, staff reviewed the proposed ordinance with MidPen Housing. MidPen is familiar with Burlingame and has made a number of presentations to the City Council on affordable housing. Because MidPen projects are typically 100% affordable, the provisions of the ordinance regarding the percentages of affordable units would not apply, but the incentives offered by the ordinance would be a consideration in evaluating the feasibility of a potential project. MidPen has utilized the State density bonus provisions in other jurisdictions, and while the benefits vary for each project, MidPen has found that the incentives related to parking standards, height, density, and setbacks have been the most important in improving project feasibility. In evaluating a potential project, MidPen considers the density bonus incentives alongside all other development standards to determine whether a project will be financially feasible. With some projects, the incentives will make the difference between feasibility and infeasibility, whereas with others, the incentives will simply improve the financials for an otherwise feasible project. Regarding parking, MidPen reported that the reduced parking standards allowed by the State law are important for improving project feasibility (particularly for projects with structured parking), but they also emphasized that they would not build a project with less parking than would be needed to accommodate the residents. As an affordable developer, they may be especially sensitive to avoiding spill-over parking into adjacent streets. Through their post -occupancy evaluations, they have found that residents of affordable housing tend to own fewer vehicles than residents of market -rate developments. Because the Density Bonus Ordinance is designed to encourage affordable units in market -rate projects, staff also interviewed several market -rate developers familiar with Burlingame. Like MidPen, those interviewed said that they consider the density bonus incentives alongside all other development standards to determine whether a project will be feasible. Given that infill projects typically have structured parking, the lowered parking ratios provided by the State law are particularly important. Like MidPen, the market -rate developers have an interest in providing sufficient parking for demand, but from their perspective adequate parking is more directly related to the project's marketability and its competitiveness with other projects. In identifying other incentives, increased height and reduced setbacks were most commonly mentioned. rej Introduction - Density Bonus Ordinance January 5, 2015 Further Reduction in Parking for Projects Near Transit: In its review of the Density Bonus Ordinance, the Planning Commission recommended adding the incentive further reduction in parking for projects near transit to those outlined in 25.62.040 (c) of the draft ordinance. However in its November 17th meeting, members of the City Council expressed concern with reducing parking standards outside of the Downtown Specific Plan area, given that those areas are not necessarily served by high -frequency regional rail transit. Therefore the recommendation has not been added to the proposed ordinance. An applicant can request the parking standards specified in the state legislation as outlined in 25.62.040 (c) of the draft ordinance, but the proposed ordinance does not offer further reductions outside of the Downtown Specific Plan area. FISCAL IMPACT None. Exhibits: • Density Bonus Ordinance • November 17, 2014 City Council Staff Report • November 17, 2014 City Council Minutes • Prototypical Development Scenarios 0 T a -J U1 +' Ln p V Ln ` � O QJ 4-J l!1 V V O �^ Ln 0o ra O - .N o N U D r6 U ateJ O Q O 0).- l.— +' /Ln 4—j i o Qj V 1 0 O 4J U L- O Q rB ro ot M 0� N U V 0 0 N Q) -0 _0 — (3)Ln O ra ( _0 Ln c ro Ln:. -0 � O N CL O 4_oa, �Ln 4-j 4-- V D c V Lf) ro } , r6 ra O 0- V) Ln n r6 v�1 X0 a, 0— -0 Z O ro l7 M N ro N Ln N O N c v Ln >, CJ) co U ro '-EQ ro -0 Q 4J i U U r i 4- 0 Ln ro ro o _ v E-0 Vl ro Ln X c v O_ UJ Ln >14-J W +- ro —_ > v) _> ro Ol :-:Ln > 4J O ro 4J 4-J +j L cl� E _0 uv u Ero o - O � Qv OV -I--�° O -0 a) .— i Ln QJ 4J Ln ci 0 ro ++ o C CY1 O -0O L �' OU -� D O N c .01 2 — O a) v GJ v ro s M > . �^ ai _0 rC C 1 Ln C v ro 0O U ro U) Q 2 ro N Ln N O N c v Ln >, CJ) co U ro '-EQ ro -0 Q 4J i U U r i 4- 0 Ln ro ro o _ v E-0 Vl ro X L ai 3 ap l T { 1 VI 3 i ill /O RS i i{ Sari i ii +ail # O V m { l T iii{ V€ C r ^1 — Fn QW o m L ai l T 1 VI /O RS c O V m l T 'V V€ C r ^1 — Fn QW o m = .4; ro ra 4- 4 -JO to O _ (n N L C � � v O U E i C � v L �M D 4J � N i Ln Ln v1 E T L � 1 T 0 fir\ E V € 111 ^ W O C s •L m o 4— O m N N O O N Ln F a-+ C O O Ln N Q) v 0- 4-j Ln v v Ln D E E O ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, AMENDING CHAPTER 25.63 OF THE BURLINGAME MUNICIPAL CODE TO COMPLY WITH STATE LAW REQUIRING INCENTIVES OR CONCESSIONS FOR QUALIFYING DEVELOPMENTS (DENSITY BONUS ORDINANCE) WHEREAS State Law requires the adoption of a Density Bonus Ordinance, under Government Code §65915-65919; and WHEREAS the City's existing Inclusionary Housing provisions require modification to reflect governing state law and account for local conditions; and WHEREAS current regulations should be updated to reflect governing state law and account for local conditions; and WHEREAS efficiency and transparency are served by combining the objectives served by the existing Inclusionary Housing provisions into the required Density Bonus Ordinance; NOW, THEREFORE, the City Council does hereby ordain as follows: DIVISION 1: Section 1: Burlingame Municipal Code Chapter 25.63 is repealed in its entirety and replaced with the following: 25.63.010 Purpose. (a) It is the City Council's intent that this chapter be implemented in a manner consistent with the provisions set forth in Government Code §§65915-65919, hereinafter the "density bonus law." This chapter creates procedures for identifying qualifying developments, and the submission, review, and granting of incentives and concessions consistent with state law. (b) All applicable provisions of the density bonus law are hereby incorporated by reference and shall be the default law unless otherwise provided by this chapter. (c) This chapter shall not abrogate the any other requirements set forth by federal, state, or local law, including but not limited to California Environmental Quality Act requirements and Burlingame Municipal Code. 25.63.015 Definitions. The following terms shall have the following meanings when used in this chapter. All other terms shall be interpreted consistent with the meaning set forth in the density bonus law. 1 ORDINANCE NO. (a) Affordable units" shall collectively mean units qualifying as "very low," 'lower," and "moderate" income units as used in this chapter and in the density bonus law. (b) `Applicant" shall mean any person, firm, partnership, association, joint venture, corporation, entity, or any combination thereof, who seeks a density bonus and/or concessions as defined in this section. (c) "Child care facility" shall mean a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and schoolage child care centers. (d) "Concessions" shall be interchangeable with "incentives," unless otherwise indicated. The meaning shall be consistent with Government Code §65915(k). (e) "Density bonus" shall mean a density increase over the otherwise maximum allowable residential density as of the date of the application. (f) `Development" shall have the meaning set forth in Government Code §65915(i). (g) "Incentives" shall be interchangeable with "concessions," unless otherwise indicated. The meaning shall be consistent with Government Code §65915(k). (h) "Lower income" shall have the same definition set forth in Health and Safety Code §50079.5. (i) "Moderate income" shall have the same definition set forth in Health and Safety Code §50093. Q) "Specific adverse impact" shall have the same definition as set forth in Government Code §65589.5(d)(2). (k) "Very low income" shall have the same definition as set forth in Health and Safety Code §50105. 25.63.020 Density Bonus. This section describes the density bonuses that will be provided, at the request of an applicant, when that applicant provides restricted affordable units as described below. (a) The city shall grant a 20 percent (20%) density bonus when an applicant for a development of five (5) or more dwelling units seeks and agrees to construct at least any one of the following in accordance with the requirements of this Section and Government 2 ORDINANCE NO. Code Section 65915: (1) At least 10 percent (10%) of the total dwelling units of the development as restricted affordable units affordable to lower income households. For each one percent (1%) increase in the percentage of restricted lower income units, a development will receive an additional one and one-half percent (1.5%) density bonus up to thirty-five percent (35%) of the maximum residential density; or (2) At least five percent (5%) of the total dwelling units of the development as restricted affordable units affordable to very low income households. For each one percent (1%) increase in the percentage of restricted very low income units, a development will receive an additional two and one-half percent (2.5%) density bonus up to thirty-five percent (35%) of the maximum residential density; or (3) A senior citizen housing development; or (4) A qualifying mobile home park. (b) The city shall grant a five percent (5%) density bonus when an applicant for a development of five (5) or more additional dwelling units seeks and agrees to construct, in accordance with the requirements of this Section and Government Code Section 65915, at least 10 percent (10%) of the total dwelling units in a common interest development as defined in California Civil Code Section 4100 for moderate income households, provided that all dwelling units in the development are offered to the public for purchase. For each one percent (1%) increase in the percentage of restricted moderate income units, a development will receive an additional one percent (1%) density bonus up to thirty-five percent (35%) of the maximum residential density. (c) No additional density bonus shall be authorized for a senior citizen development or qualifying mobile home park beyond the density bonus authorized by subsection (a) of this section. (d) When calculating the number of permitted density bonus units, any fractions of units shall be rounded to the next highest number. An applicant may elect to receive a density bonus that is less than the amount permitted by this section; however, the city shall not be required to similarly reduce the number of restricted affordable units required to be dedicated pursuant to this section and Government Code Section 65915(b). (e) Each development is entitled to only one density bonus, which shall be selected by the applicant based on the percentage of very low restricted affordable units, lower income restricted affordable units, or moderate income restricted affordable units, or the development's status as a senior citizen housing development or qualifying mobile home park. Density bonuses from more than one category may not be combined. In no case 3 ORDINANCE NO. shall a development be entitled to a density bonus of more than thirty-five percent (35%). (f) The density bonus units shall not be included when determining the number of restricted affordable units required to qualify for a density bonus. When calculating the required number of restricted affordable units, any resulting decimal fraction shall be rounded to the next larger integer. (g) Any restricted affordable unit provided pursuant to a below market rate housing program adopted by the City shall be included when determining the number of restricted affordable units required to qualify for a density bonus or other entitlement under this chapter. However, the payment of a housing impact or in lieu fee shall not qualify for a density bonus or other entitlement under this chapter. (h) Certain other types of development activities are specifically eligible for a density bonus pursuant to state law: (1) A development may be eligible for a density bonus in return for land donation pursuant to the requirements set forth in Government Code Section 65915(g). (2) A condominium conversion may be eligible for a density bonus or concession pursuant to the requirements set forth in Government Code Section 65915.5. (i) Notwithstanding any provision of this chapter, all developments must satisfy all applicable requirements of any below market rate housing program adopted by the City, which may impose requirements for restricted affordable units in addition to those required to receive a density bonus or concessions. Table 1 summarizes the density bonus provisions described in this Section. Table 1: Density Bonus Summary Table Additional Percentage Bonus for of Restricted Minimum Each 1% Units Percentage Percentage Increase in Required for of Restricted of Density Restricted Maximum Restricted Affordable Affordable Bonus Affordable 35% Density Units or Category Units Granted Units Bonus Very Low Income 5% 200/6 2.50% 110/, Lower Income 100/o 20% 1.50% 20% Moderate Income 10% 5% 1% 40% Senior Citizen 100% 20% ____ ------ ORDINANCE NO. Housing Qualifying Mobile Park 100% 20% ------ Note: A density bonus may be selected from only one category up to a maximum of 35% of the Maximum Residential Density. 25.63.030 Development Standards for Affordable Units. The affordable housing standards are as follows: (a) Concurrent Construction. The required affordable dwelling units shall be constructed concurrently with market -rate units unless both the final decision-making authority of the city and developer agree within the affordable housing agreement to an alternative schedule for development. (b) Moderate income restricted affordable units shall remain restricted and affordable to the designated income group for a minimum period of 30 years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program). Very low and lower restricted affordable units shall remain restricted and affordable to the designated income group for a period of 30 years for both rental and for -sale units (or a longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program). (c) Design. Restricted affordable units shall be built on-site and be dispersed within the development. The number of bedrooms of the restricted affordable units shall be equivalent to the bedroom mix of the non -restricted units in the development; except that the applicant may include a higher proportion of restricted affordable units with more bedrooms. The design and construction of the affordable dwelling units shall be consistent with general plan standards; compatible with the design, unit layout, and construction of the total project development in terms of appearance, construction materials, unit layout, and finished quality and conform to general plan standards; and consistent with any affordable residential development standards that may be prepared by the City. (d) Minimum Dwelling Unit Size. To qualify as affordable dwelling units under this chapter, the affordable dwelling units shall meet the following minimum size requirements, excluding common areas, storage units, and assigned parking areas or spaces: Type of Unit Minimum Size Studio 500 square feet One -bedroom 650 square 5 ORDINANCE NO. feet Two-bedroom 800 square feet (e) A regulatory agreement, as described in Section 25.63.080, shall be made a condition of the discretionary permits for all developments pursuant to this chapter. The regulatory agreement shall be recorded as a restriction on the development. 25.63.040 Development Concessions and Incentives. (a) By Right Parking Incentives. Upon request by the applicant a development that is eligible for a Density Bonus may provide parking as provided in this subsection (a), consistent with Government Code Section 65915(p), inclusive of accessible and guest parking: (1) Zero to one bedroom unit: one on-site parking space; (2) Two to three bedroom unit: two on-site parking spaces; (3) Four or more bedroom unit: two and one-half parking spaces. (b) Other Incentives and Concessions. A development is eligible for other Concessions or Incentives as follows: (c) In submitting a request for Concessions or Incentives, an applicant may request the specific Concessions set forth below. The following Concessions and Incentives are deemed not to have a specific adverse impact: (1) A height for structures of forty-six (46) feet in height or less without a conditional use permit; (2) Reduction of common open space in the rear yard of a residential development by up to fifty (50) percent or two hundred (200) square feet, whichever is more, without necessity of a variance, so long as no dimension of the common open space provided is less than ten (10) feet in any direction; or (3) Use of unistall parking spaces each with a clear interior measurement of eight 2 % very low income units %lower income units % moderate income units 1 incentive 5 10 10 2 incentives 10 20 20 3 incentives 15 30 30 (c) In submitting a request for Concessions or Incentives, an applicant may request the specific Concessions set forth below. The following Concessions and Incentives are deemed not to have a specific adverse impact: (1) A height for structures of forty-six (46) feet in height or less without a conditional use permit; (2) Reduction of common open space in the rear yard of a residential development by up to fifty (50) percent or two hundred (200) square feet, whichever is more, without necessity of a variance, so long as no dimension of the common open space provided is less than ten (10) feet in any direction; or (3) Use of unistall parking spaces each with a clear interior measurement of eight 2 ORDINANCE NO. and one-half (8 1/2) feet in width and eighteen (18) feet in length without necessity of a variance; or (4) Allowance of up to fifty (50) percent of the required parking as compact parking stalls as defined in Chapter 25.70, without necessity of a variance. (d) Nothing in this chapter shall be construed to require the provision of direct financial concessions for the development, including the provision of publicly owned land by the city or the waiver of fees or dedication requirements. 25.63.050 Waiver/Modification of Development Standards An applicant may apply for a waiver or modification of development standards that will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by this chapter. The developer must demonstrate that development standards that are requested to be waived or modified will have the effect of physically precluding the construction of a development meeting the criteria of subsection (a) of Section 25.63.020 at the densities or with the concessions or incentives permitted by this chapter. 25.63.060 Child Care Facilities. (a) An applicant otherwise qualifying for density bonuses and/or incentives under this chapter may be eligible for the following density bonuses or incentives if they propose to construct a qualifying child care facility, consistent with §65915(h). (b) The density bonus shall be in an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility. (c) The incentive shall be granted if it contributes significantly to the economic feasibility of the construction of the child care facility. (d) The City may deny the density bonus or incentives described in this section if it finds, based on substantial evidence, that the community has adequate child care facilities. 25.63.070 Application and Review Process. (a) An application for a density bonus or incentive shall be made to the Community Development Department on forms provided by the City. The application shall include the following information: (1) A brief description of the proposed housing development, including the total 7 ORDINANCE NO. number of dwelling units, affordable housing units, and density bonus units proposed. (2) The requested density bonus amount and requested incentives, if any. (3) Site plans showing the location of market -rate, density bonus, and affordable housing units. (4) Any other such information as is necessary to verify that the applicant and/or the housing development meets all requirements set forth by state and local law. (b) The application, or an incentive therein, may be wholly or partially denied for any of the following reasons: (1) The application is incomplete. (2) The application contains a material misrepresentation. (3) The incentive has an insufficient relationship to providing affordable housing. (4) The incentive has a specific, adverse impact as defined in this chapter. (5) The incentive is contrary to federal or state law. (c) The applicant may file an appeal to the City Council within 14 days of being notified of his application's final denial. 25.63.080 Regulatory Agreement. (a) After approval of the application as detailed in §25.63.050, applicant shall enter into a regulatory agreement with the City. The terms of this agreement shall be approved as to form by the City Attorney's Office, and reviewed and revised as appropriate by the reviewing city official. This agreement shall be on a form provided by the City, and shall include the following terms: (1) The affordability of very low, lower, and moderate income housing shall be assured in a manner consistent with Government Code §65915(c)(1). (2) An equity sharing agreement pursuant to Government Code §65915(c)(2). (3) The location, dwelling unit sizes, rental cost, and number of bedrooms of the affordable units. E ORDINANCE NO. (4) A description of any bonuses and incentives, if any, provided by the City. (5) Any other terms as required to ensure implementation and compliance with this section, and the applicable sections of the density bonus law. (b) This agreement shall be binding on all future owners and successors in interest. The agreement required by this section shall be a condition of all development approvals and shall be fully executed and recorded prior to the issuance of any building or construction permit for the project in question. DIVISION 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 3: This Ordinance shall be published in a newspaper of general circulation in accordance with California Government Code Section 36933, published, and circulated in the City of Burlingame, and shall be in full force and effect thirty (30) days after its final passage. 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 held on the 17th day of November, 2014 and adopted thereafter at a regular meeting of the City Council held on the 5`h day of January, 2015 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: IF, Mary Ellen Kearney, City Clerk 9 BURLINGAME STAFF REPORT AGENDA NO: MEETING DATE: November 17, 2014 To: Honorable Mayor and City Council Date: November 17, 2014 From: William Meeker, Community Development Director— (650) 558-7255 Subject: Introduction of an Ordinance of the City Council of the City of Burlingame, Amending Chapter 25.63 of the Burlingame Municipal Code to Comply with State Law Requiring Incentives or Concessions for Qualifying _Developments (Density Bonus Ordinance) The City Council should: Introduce the following ordinance by title only, waiving further reading: "An Ordinance of the City Council of the City of Burlingame, Amending Chapter 25.63 of the Burlingame Municipal Code to Comply with State Law Requiring Incentives or Concessions for Qualifying Developments (Density Bonus Ordinance)". 2. Conduct a public hearing and consider all public testimony related to the ordinance. 3. Following conclusion of the public hearing, provide direction to staff regarding any desired changes to the proposed ordinance. 4. Direct staff to place adoption of the proposed ordinance on the December 1, 2014 regular meeting agenda of the City Council. BACKGROUND State Density Bonus Law, Government Code Section 65915, was first enacted in 1979. The law requires local governments to provide density bonuses and other incentives to developers of affordable housing who commit to providing a certain percentage of dwelling units to persons whose income does not exceed specific thresholds. Cities also must provide bonuses to certain developers of senior housing developments, and in response to certain donations of land and the inclusion of childcare centers in some developments. Essentially, state density bonus law establishes that a residential project of five or more units that provides affordable or senior housing at specific affordability levels may be eligible for: • a "density bonus" to allow more dwelling units than otherwise allowed on the site by the applicable General Plan Land Use Map and Zoning; 1 Introduction - Density Bonus Ordinance • use of density bonus parking standards; November 17, 2014 • incentives reducing site development standards or a modification of zoning code or architectural requirements that result in financially sufficient and actual cost reductions; • waiver of development standards that would otherwise make the increased density physically impossible to construct; • an additional density bonus if a childcare facility is provided. The density bonus may be approved only in conjunction with a development permit (i.e., tentative map, parcel map, use permit or design review). Under State law, a jurisdiction must provide a density bonus, and incentives will be granted at the applicant's request based on specific criteria. The amount of the density bonus is set on a sliding scale, based on the percentage of affordable units at each income level, as shown on Table 1 on the following page: 2 Introduction - Density Bonus Ordinance November 17, 2014 Table 1: Density Bonus Chart Unit Percentage*Income 5% Income Density Bonus 2070 Density :. - Moderate ' Bonus - Donation Bonus - Housing Density Bonus 20% 6% 22.5% 20% 7% 25% 20% 8% 27.5% 20% 9% 30% 20% 10% 32.5% 20% 50/6 15% 20% 11% 359% 21.5% 6% 16% 20% 12% 35% 23% 7% 17% 20% 13% 35% 24.5% 8% 18% 209/6 14% 350% 26% 9% 19% 20% 15% 350/6 27.59% 10% 20% 20% 16% 35% 29% 110% 21% 20% 17% 35% 30.5% 12% 22% 20% 18% 35% 32% 13% 23% 20% 19% 35% 33.5% 14% 24% 20% 20% 35% 35% 15% 25% 200/6 21% 35% 35% 16% 26% 20% 22% 35% 35% 170% 27% 20% 23% 35% 35% 18% 28% 20% 24% 35% 35% 19% 29% 20% 25% 35% 35% 20% 30% 20% 26% 35% 35% 21% 31% 20% 27% 35% 35% 22% 32% 20% 280% 35% 35% 23% 33% 20% 29% 35% 35% 24% 34% 20% 309/6 35% 35% 25% 35% 20% 31% 350% 359/. 269% 35% 209/6 329/6 35% 35% 27% 35% 20% 339/6 35% 35% 28% 359/6 209/6 34% 35% 35% 29% 35% 20% 350/6 35% 35% 309/6 350% 200/6 360/6 35% 35% 31% 35% 209/6 37% 35% 359/6 329/6 35% 20% 38% 35% 35% 330/6 359/6 20% 399% 359/6 359/6 349/o 35% 20% 409/6 359/6 359/6 35% 35% 20% uansuy uunus uaiuwauuns resuming in Tracnons are rounded up to the next whole number. ** Affordable unit percentage is calculated excluding units added by a density bonus. *** No affordable units are required for senior housing units to receive a density bonus. Introduction - Density Bonus Ordinance November 17. 2014 Furthermore the State Density Bonus law provides maximum parking requirements upon the applicant's request. Requesting these parking standards does not count as an incentive or concession. Table 2 outlines the maximum parking requirements set forth by the State Density Bonus law compared to multifamily parking standards in the Burlingame Municipal Code: Table 2: Density Bonus Parking Standards Compared to Burlingame Municipal Code If a child care center is also included in the affordable or senior housing development, the local agency shall grant either an additional density bonus equal to or greater than the amount of square feet of the child care center or grant an additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility, with the following additional requirements: 1. The child care facility shall remain in operation for a period of time as long as the term of the affordable units; 2. The percentage of children from very low-, low- and moderate income -families reflects the percentage of affordable units in the development; 3. The local agency shall not be required to provide a density bonus or concession for a child care facility if it finds that the community has adequate child care facilities. Burlingame's current Housing Element was adopted in 2010. A draft of the updated 2015-2023 Housing Element is currently under review by the State Department of Housing and Community Development (HCD). It includes the following implementation programs related to density bonuses: Program H(C-2) - Provide incentives for developers to include affordable units in new residential projects. 1. Amend the Inclusionary Housing Ordinance to comply with local and state legislative requirements 0 D- e. Burlingame .... - Specific.- cific Plan Type of Use Standards Standards except for Area West of Rail Area East of Rail Downtown Specific Plan Area Corridor Corridor Studio 1 space/unit 1.5 space/unit 1 space/unit 1 space/unit 1 Bedroom 1 space/unit 1.5 space/unit 1 space/unit 1.5 space/unit 2 Bedroom 2 spaces/unit 2 spaces/unit 1.5 spaces/unit 2 spaces/unit 3 Bedroom 2 spaces/unit 2.5 spaces/unit 2 spaces/unit 2 spaces/unit Apartments: none required Guest parking None required Condominiums: 1 for 2-4 units None required None required 2 for 5-15 units 3 for 15 or more units If a child care center is also included in the affordable or senior housing development, the local agency shall grant either an additional density bonus equal to or greater than the amount of square feet of the child care center or grant an additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility, with the following additional requirements: 1. The child care facility shall remain in operation for a period of time as long as the term of the affordable units; 2. The percentage of children from very low-, low- and moderate income -families reflects the percentage of affordable units in the development; 3. The local agency shall not be required to provide a density bonus or concession for a child care facility if it finds that the community has adequate child care facilities. Burlingame's current Housing Element was adopted in 2010. A draft of the updated 2015-2023 Housing Element is currently under review by the State Department of Housing and Community Development (HCD). It includes the following implementation programs related to density bonuses: Program H(C-2) - Provide incentives for developers to include affordable units in new residential projects. 1. Amend the Inclusionary Housing Ordinance to comply with local and state legislative requirements 0 Introduction - Density Bonus Ordinance November 17, 2014 2. Amend the Inclusionary Housing Ordinance or adopt a Density Bonus Ordinance to accommodate a Low -Income component of required affordable housing. 3. Amend the Inclusionary Housing Ordinance or adopt a Density Bonus Ordinance to encourage smaller unit sizes (i.e. studio, SROs, one- and two-bedroom units). 4. Amend the Inclusionary Housing Ordinance or adopt a Density Bonus Ordinance to extend the affordability time restrictions. 5. Amend the zoning code to provide incentives to developers who provide additional affordable units and/or serve a broader range of income levels than that required by the Inclusionary Housing Ordinance or state density bonus requirements, such as reduced parking requirements, increased height limits, reduced landscaping requirements, flexible setback requirements and reduced fees. The Density Bonus Ordinance must be adopted prior to final certification of the 2015-2023 Housing Element in January 2015. Relation to Chapter 25.63 Inclusionary Housing: Chapter 25.63 of the Municipal Code, adopted by the City Council in 2003, currently provides for density bonuses and affordable housing units. The provisions in the existing chapter were developed to comply with earlier versions of the State Density Bonus Law, and to respond to community objectives to provide affordable units in new developments. The proposed Density Bonus Ordinance is intended to fully replace the existing Chapter 25.63 Inclusionary Housing chapter. The proposed ordinance combines most of the elements of the existing Chapter 25.63 Inclusionary Housing together with the most recent requirements of the State Density Bonus Law. The most significant modifications to the existing Inclusionary Housing provisions as set forth in Chapter 25.63 would be: • Affordable units would no longer be a requirement of projects; the inclusion of affordable units would be at the discretion of the applicant, in an agreement with the City for the concessions and incentives offered in the Density Bonus Ordinance. • Units affordable to Moderate Income households would be required to remain restricted and affordable for a minimum period of 30 years, rather than the current 10 years. • The list of incentives currently provided in 26.63.030(b) would be expanded to provide additional options. • Applicants would be able to apply for a waiver or modification of development standards that would have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by the Density Bonus Ordinance. 5 Introduction - Density Bonus Ordinance November 17, 2014 Application of Density Bonuses: Density bonuses would be applicable to the maximum residential density of the respective General Plan, Zoning, or Specific Plan designation for a given property. Most residential areas within Burlingame have either a designated range of residential densities and/or a maximum residential density. The exception is the High Density Land Use/R-4 Zoning District, which is designated on the General Plan Land Use map as "51 plus dwelling units per acre." Developments in the R-4 district would not need to request a density bonus since there is no upper density limit, but would be eligible to request concession(s) or incentive(s) provided in the Density Bonus Ordinance in exchange for building affordable units. The incentive to allow additional building height without a Conditional Use Permit currently provided in 26.63.030(b) was originally intended to provide additional floor area that would be the approximate equivalent to a unit density bonus. The height incentive is proposed to remain in the new ordinance both to provide a mechanism for a bonus in the R-4 district, as well as to provide an incentive for providing affordable units in any residential district. Incentives: Because affordable units would be an option rather than a requirement, it is important that the incentives offered be sufficient to offset the cost of providing the affordable units, and provide sufficient encouragement for developers to participate in the program. Exhibit 1 (attached) lists the multifamily residential developments approved since Chapter 25.63 was adopted in 2003, including the incentives each development utilized. Of the eight developments, five utilized increased building height and five utilized the provision of compact parking spaces (some projects utilized two incentives). No developments requested the reduction of rear yard common open space. In meeting with prospective housing development applicants, staff has found the most commonly requested incentives to be increased building height, reduced parking stall dimensions, and reduced parking ratios. The developments approved since Chapter 25.63 went into effect (as shown in Exhibit 1) would appear to support this observation. There has also been interest from some prospective developers to incorporate a uniform reduced parking stall dimension rather than a mix of standard and compact stalls. Currently an 81/2' x 18' "unistall" option is available in the EI Camino Real North (ECN) and Trousdale West (TW) zoning districts; the Density Bonus Ordinance proposes to allow the unistall option for developments with affordable units in all multifamily districts. Reduction in parking standards for developments with affordable units is mandated by State Density Bonus law and does not count as an incentive or concession. As shown in Table 2, the maximum parking standards outlined in the state law are slightly lower than the City's base multifamily parking standards, and are relatively comparable to those in the City's Downtown Specific Plan area. While the State Density Bonus law also allows a developer to apply for a waiver or modification of development standards that it deems to preclude the construction of a development at the densities provided in the ordinance, there are benefits to both the community and developers to 0 Introduction - Density Bonus Ordinance November 17, 2014 having a defined "menu' of choices as currently provided in Chapter 25.63 and proposed to be further expanded in the new ordinance. A menu of options offers predictability for both the community and applicants, and allows options to be vetted in advance. In reviewing the draft ordinance, the Council, community members, and prospective developers of affordable housing may want to suggest additional incentives in addition to or in place of those outlined in the draft ordinance. In -lieu Fees, Impact Fees and Alternate Density Bonus Approaches: Burlingame has joined with other San Mateo County jurisdictions in a nexus and financial feasibility study to consider Housing Impact Fees to assess new market rate development for the increased demand that it creates for affordable housing. The nexus study is required to determine and implement impact and in -lieu fees. The study will include a range of recommendations for fees that take a variety of considerations into account, including construction costs and project feasibility. It may also provide data to assist in developing alternative options for density bonuses such as formulas based on floor area. While all San Mateo County jurisdictions are participating in the study, the fee options will be specific to each jurisdiction, and each jurisdiction will make its own determination as to the types and amounts of fees it may adopt. The study is expected to be completed at the end of this year, and further legislative action may be taken at that time. However the City is required to enact a density bonus ordinance in the meantime. Planning Commission Review and Recommendation: The Planning Commission reviewed the Density Bonus Ordinance in its September 22nd and October 14`h meetings (October 14th meeting minutes attached). With the objective of encouraging affordable units through incentives, commissioners were asked to consider additional incentives in addition to or in place of those outlined in 25.62.040 (c) of the draft ordinance. Potential additional incentives evaluated by the Planning Commission included: • Relief to upper -floor step -back requirements; • Less costly interior finishes on affordable units; • Further reduction in parking for projects near transit; • Further reduction in parking for projects that have car sharing available. Some commissioners also expressed interest in requiring that the units be affordable for longer than thirty years, establishing a maximum density for the R-4 District, and eliminating the increased building height incentive. Of the potential additional incentives evaluated, the Planning Commission recommended adding the incentive further reduction in parking for projects near transit to those outlined in 25.62.040 (c) of the draft ordinance. There was not a consensus to add any of the other suggested additional incentives that had been evaluated. For the purposes of identifying areas that are convenient to transit, the staff report suggested referencing the 'Priority Development Area" (PDA) that approximately corresponds to one-quarter mile from a major rail station (Downtown Burlingame and Millbrae Intermodal) or major transit corridor (EI Camino Real with 15 -minute headway 7 Introduction - Density Bonus Ordinance November 17, 2014 express bus service), and proposing the existing Downtown Specific Plan parking regulations as a reference for reduced parking ratios. FISCAL IMPACT None. Exhibits: Density Bonus Ordinance Exhibit 1: Burlingame Multifamily Project References Exhibit 2: Multifamily Residential Projects with Planning Approvals since adoption of Code Chapter 25.63 Burlingame Priority Development Area (PDA) map EXHIBIT 1: BURLINGAME MULTIFAMILY PROJECT REFERENCES 1512-1516 Floribunda Avenue 1838 Ogden Drive c _ pleted 2008 Units 9 Units T 1 per Acre 28.6 ing Height 53'-1" tives Completed 50% Compact Parking 2012 Total Units 45 BMR Units 5 Units per Acre 49.5 Building Height 46'-0" Incentives Completed Total Units Height, 50% Compact Parking 2010 1226 El Camino Real l� 1 1111 _ 1321 El Camino Real goCompleted 9 1 BMR Units Units per Acre 30.5 Building Height Incentives 45'-5" Height, 50% Compact Parking 2014 (estimated) Total Units 5 BMR Units 1 Units per Acre 29.9 Building Height 42'-4" Incentives Height .0, Bayswater Avenue J6 i �kIMM Completed 2014 (estimated) Total Units 6 BMR Units 1 Units per Acre 26.1 Building Height 26'-1" :11 Trousdale - .rte r '- - Floribunda1225 Avenue T62 �, fill �ai4.bru.ee ' 1433 Floribunda a �� Incentives Completed 50% Compact Parking under construction -approved 2013 Total Units 25 BMR Units 3 Units per Acre 50 Building Height 60'-4" Incentives Completed 50% Compact Parking under construction - approved 2013 Total Units 6 BMR Units 1 Units per Acre 31.7 Building Height 43'-07/8" Incentives Completed Height approved 2014 Total Units 10 BMR Units 1 Units per Acre 45.9 Building Height 46'-0" Incentives Height EXHIBIT 2: CITY OF BURLINGAME MULTI -FAMILY RESIDENTIAL PROJECTS WITH PLANNING APPROVALS SINCE ADOPTION OF MUNCIPAL CODE CHAPTER 25.63 1512-1516 Floribunda Ave 1 Lot Area (sq ft) 13,709 Acres 0.32 Units 9 BIVIR Units 11 Units/ Acre 28.6 Type Condo PC Approval 10/11/OS Completed/ Finaled 4/17/08 508 Peninsula Ave. 5,021 0.12 3 0 26.1 Condo 7/26/04 5/6/09 1840 Ogden Drive 38,905 0.91 45 5 49.5 Condo 7/24J06 3/1/12 1459 Oak Grove Ave 5,790 0.13 3 0 22.6 Condo 6/23/08 4/3/14 1226 El Camino Real 12,874 0.30 9 1 30.5 Condo SJ27/08 6/14/10 1321 El Camino Real 7,311 0.17 5 1 29.9 Apt 1/10/11 under constr 904 Bayswater Ave 10,000 0.23 6 1 26.1Cando 7/23/12 underconstr 1800 Trousdale Drive 21,741 0.50 25 3 50.0 Condo 3/11/13 under constr 3.225 Floribunda Ave 8,223 0.19 6 1 31.7 Condo 9/9/13 under constr 1433 Floribunda Ave 9,515 0.22 10 1 45.78 Condo 2/24/14 .6.x__1_,.• no J. PUBLIC HEARING a. INTRODUCTION OF AN ORDINANCE AMENDING THE CHAPTER 25.63 OF THE BURLINGAME MUNICIPAL CODE TO COMPLY WITH STATE LAW REQUIRING INCENTIVES OR CONCESSIONS FOR QUALIFYING DEVELOPMENTS (DENSITY Planning Manager Kevin Gardiner reviewed the staff report and gave a presentation on the State Density Bonus Law that requires local governments to provide density bonuses and other incentives to developers of affordable housing who commit to providing a certain percentage of dwelling units to persons whose income does not exceed specific thresholds. Mr. Gardiner advised that the state law also requires cities to provide bonuses to certain developers of senior housing developments, and to certain donations of land and the inclusion of child care centers in some developments. Council questions and comments followed and Council expressed concern over sufficient parking for any new housing units that might be built. Council also discussed in lieu fees, incentive programs for existing buildings and not just focusing on new construction. Mayor Brownrigg requested CC Kearney read the title of the proposed Ordinance to amend Chapter 25.63 of the Burlingame Municipal Code to comply with State law requiring incentives or concessions for qualifying developments. Councilmember Ortiz made a motion to waive further reading and introduce the Ordinance; seconded by Vice Mayor Nagel_ The motion was approved unanimously by voice vote, 5-0. Mayor Brownrigg directed the City Clerk to publish a summary of the proposed Ordinance within five days of the public hearing_ Mayor Brownrigg opened the public hearing and Burlingame residents Cynthia Cornell, Cynthia Wukotich, and Melinda spoke. There were no further comments from the floor, and the hearing was closed. Council requested that this item be agendized again for the January 5, 2015 meeting with more practical suggestions for Burlingame. Council asked staff to provide additional analysis on case studies, explore conversion to affordable housing of some existing units, and consult with some non-profit housing organizations for their input. CA Kane commented that this was our first pass on this matter, so it can always come back with adjustments. • 1 11 1A 11101 FARIA U ralk, __ 1- _ _ -1. ! 6 1 _ �_ • � �. _ _ � .1. � � • � ill ill __ �� _ Burlingame City Council November 17, 2014 Approved Minutes DENSITY BONUS PROTOTYPICAL DEVELOPMENT SCENARIOS The Prototypical Development Scenarios illustrates a variety of potential applications of the proposed Density Bonus Ordinance on a prototypical 20,000 square foot (0.46 acre) infill site. The proposed ordinance offers a range of options and incentives, and applicants may choose different solutions depending on the development program, type of construction, neighborhood context, and their own priorities for project feasibility. The prototypes are meant to illustrate a range of potential scenarios. 4` �� f I op Base Scenario The Base Scenario illustrates a multifamily residential infill project with the following assumptions: Site Area 20,000 square feet (0.46 acre) Density 40 units/acre maximum Building Height 35 feet maximum Lot Coverage 50% maximum Parking 1 Bedroom = 1.5 spaces/unit 2 Bedroom = 2 spaces/unit (City of Burlingame standards for multifamily residential, except in Downtown Specific Plan area) At 40 units per acre the site could accommodate up to 18 units. The number of parking spaces would depend on the unit mix. Two scenarios are shown: 1 Bedroom Units 6 9 2 Bedroom Units 12 9 Total Parking Required 33 32 The diagram illustrates a three-story building situated over a partially -underground parking garage, with a 35 -foot height and 50% lot coverage. Moderate Income Category Density Bonus The minimum threshold to qualify for a density bonus would be 10% Moderate Income units. This would provide a density bonus of 5% over the base standard. On the prototypical 20,000 square foot development site, two units would need to be affordable to Moderate Income households (10% of the total), and the project would be eligible for one additional unit (5% bonus): Base Density 40 units/acre maximum Units @ Base Density 18 units Affordable Units 2 units affordable to Moderate Income households Percent Bonus 5% Bonus Units 1 unit Total Units 19 units The project would be eligible for the reduced parking specified in the State legislation: Once again, the number of parking spaces would depend on the unit mix. Two scenarios are shown: 1 Bedroom Units City of Burlingame Multifamily Residential Standard (except for Downtown Specific Plan) Density Bonus Standards Studio 1.5 spaces/unit 1 space/unit 1 Bedroom 1.5 spaces/unit 1 space/unit 2 Bedroom 2 spaces/unit 2 spaces/unit 3 Bedroom 2.5 spaces/unit 2 spaces/unit Guest Parking Apartments: None required None required Condominiums: 3 spaces for 15 or more units Once again, the number of parking spaces would depend on the unit mix. Two scenarios are shown: 1 Bedroom Units 6 9 2 Bedroom Units 13 10 Total Parking Required 32 29 Low Income Category Density Bonus If 10% of the units were affordable to Low Income households, the density bonus would increase to 20% over the base standard. On the prototypical 20,000 square foot development site, two units would need to be affordable to Low Income households (10% of the total), and the project would be eligible for four additional unit (20% bonus): Base Density 40 units/acre maximum Units @ Base Density 18 units Affordable Units 2 units affordable to Low Income households Percent Bonus 20% Bonus Units 4 unit Total Units 22 units Again, the number of parking spaces would depend on the unit mix. Two scenarios are shown: 1 Bedroom Units 8 10 2 Bedroom Units 28 24 Total Parking Required 36 34 0 Concept #1: 50% Compact Parking Spaces Since Burlingame's Inclusionary Housing Ordinance was adopted in 2003, two-thirds of the multifamily residential projects have utilized the incentive to provide 50% compact parking spaces. Given the high costs of constructing structured parking, reducing the overall size of the garage can result in significant savings. On constrained sites, compact spaces may be the most feasible method for accommodating the required number of parking spaces. The diagram shown below illustrates a project with 19 units (1 more than the base scenario) but no change to the building envelope. As shown, an additional 1 -bedroom unit is accommodated, and one of the 2 -bedroom units is switched to a 1 -bedroom unit. Parking would depend on the unit mix: Base Scenario: 18 Units Density Bonus Scenario: 19 Units 1 Bedroom Units 6 9 6 9 2 Bedroom Units 12 9 13 10 Total Parking Required 33 32 32 29 The diagram illustrates a three-story building situated over a partially -underground parking garage, with a 35 -foot height and 50% lot coverage. Concept #2: Increased Building Height for Architectural Variation The proposed Density Bonus Ordinance would retain the current incentive for a 46 -foot building height or less without a conditional use permit. The additional height could accommodate an additional story, varied architectural forms, or a combination of both. In this concept, pitched roof forms are added to the 35 -foot building module, to bring the building height to approximately 45 to 46 -feet. Depending on the roof form, additional loft spaces could be provided for the upper -floor units. Concept #3: Increased Building Height for Neighborhood Context In this concept, an additional floor is added to one side of the building, while the height is reduced on the other side. This approach could be desirable where the site borders a sensitive use such as lower -density residential. As shown, units on the lower side of the building would have a townhome configuration, which would provide additional variety to the unit mix. 9 a1URLINGAME STAFF REPORT AGENDA NO: 10b MEETING DATE: January5, 2015 To: Honorable Mayor and City Council Date: January 5, 2015 From: William Meeker, Community Development Director — (650) 558-7255 Subject: Adoption of a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with MIG for Preparation of an Update of the City's General Plan and Zoning Ordinance with Accompanying Environmental Impact Report (Project Name: "Burlingame 2040") RECOMMENDATION The City Council is asked to adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with MIG in an amount not to exceed $1,320,281 for preparation of an update of the City's General Plan and Zoning Ordinance, and to prepare an environmental impact report for the project pursuant to the California Environmental Quality Act (CEQA). BACKGROUND California State Law requires each city and county to adopt a General Plan that provides for the physical development of lands within its jurisdictional boundaries or sphere of influence. The General Plan serves much like a constitution that embodies a community's development goals and public policy relative to the distribution of public and private land uses. The policies of the General Plan are intended to inform and provide support for all land use decisions made in the community. Preparation of a General Plan is predicated upon having an open public process that considers the vision and desires of the community at the time the plan is prepared, and projects this vision of the community into the future. The typical shelf -life of a general plan is 10 to 20 years; however, the last comprehensive update of the City of Burlingame's General Plan was in 1969. The 1969 Plan was completed in advance of adoption of the California Environmental Quality Act (CEQA); therefore, the current Plan does not benefit from a detailed environmental analysis that ensures the soundness of the policy direction contained therein. Since 1969, the City has adopted a rather piecemeal approach to comprehensive planning by adopting specific plans for three primary non-residential areas in the City. Additionally, the Housing Element of the Plan has been updated periodically, as required by State law. On February 18, 2014, the City Council authorized the Community Development Department to apply for grant funds from the State of California's Strategic Growth Council through its Sustainable Communities and Incentive Program to update the City's General Plan. The grant 1 MIG Professional Services Agreement- General Plan Update January 5, 2015 program is meant to foster the development of sustainable communities throughout California, with objectives to promote equity, strengthen the economy, protect the environment, and promote healthy, safe communities. These objectives are consistent with the City's most recently adopted specific plans, and the expectation is that they will be furthered through the General Plan Update. On February 28, 2014, the Community Development Department submitted the application to the Strategic Growth Council. On June 3, 2014, the Strategic Growth Council awarded a grant of $491,770 to the City of Burlingame for the preparation of the update of the General Plan and the Zoning Ordinance. The City Council previously allocated $500,000.00 from FY 13-14 and $500,000.00 from FY 14-15 from the General Fund, for a total budget of $1,491,770. DISCUSSION The Community Development Department sought proposals from qualified consulting firms to assist with the update of the General Plan and Zoning Ordinance and to prepare a comprehensive environmental impact report (EIR) to support the efficacy of the policy document and implementing regulations. Proposals were received from Dyett & Bhatia, Metropolitan Planning Group, MIG, and Placeworks. Estimated costs for the update from each of the firms were fairly comparable, all between $1.3 and $1.4 million (not including contingencies). The update of the General Plan and Zoning Ordinance is expected to take approximately 30 months to complete. All four firms were interviewed by a panel consisting of the Community Development Director, Planning Manager, Senior Planners and Economic Development Specialist. At the conclusion of the interviews and after reviewing references, the panel felt that MIG would be best qualified to prepare the updates of the General Plan and Zoning Ordinance based upon: 1) the firm's involvement in numerous General Plan updates in comparable jurisdictions in the Bay Area; 2) its experience with and approach to the Zoning Ordinance Update, including a consultant on the team who specializes in zoning and development regulations; 3) recognized leadership in community engagement, with the proposal including a comprehensive community participation and outreach plan; and 4) the overall expertise of the team assembled for the project. Attached is a draft Agreement for Professional Services with MIG to perform the services required for the update of the General Plan and the Zoning Ordinance. The MIG budget is an amount not to exceed $1,320,281 (Agreement, Exhibit 2). As the total budget allocated for the General Plan and Zoning Ordinance Update is $1,491,770, a balance of $171,489 will be remaining. Any unused budget would be returned to the General Fund at the completion of the project and/or be available for follow-up implementation activities. Because the cost of the agreement exceeds $100,000, Council approval is required. The Work Program for services to be provided by MIG, including the project budget, is attached to this report as Exhibit 3. FISCAL IMPACT The General Plan update is being funded through a $491,770 Strategic Growth Council Sustainable Communities Grant approved on June 3, 2014, and through two $500,000 General Fund allocations authorized by the City Council in FY 13-14 and FY 14-15. 2 MIG Professional Services Agreement- General Plan Update January 5, 2015 Exhibits: • Proposed Resolution • Draft Agreement for Professional Services with MIG • City of Burlingame General Plan and Zoning Ordinance Update Work Program —- 3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MIG PREPARE THE UPDATE OF THE CITY'S GENERAL PLAN AND ZONING ORDINANCE WHEREAS, the City of Burlingame has embarked on an update to the City's General Plan and zoning ordinance to provide a comprehensive plan for the community; and WHEREAS, the Community Development Department sought proposals from qualified consulting firms to prepare the update of the General Plan and Zoning Ordinance; and WHEREAS, the City has selected MIG to prepare the update of the General Plan update based on its experience preparing similar documents in the Bay Area region, its experience with zoning ordinance updates, its comprehensive community participation and outreach plan, and the expertise of the team assembled for preparation of the update; and WHEREAS, an agreement has been prepared incorporating the Work Program, Cost Estimate and Project Schedule prepared by MIG in the amount of $1,320,281.00, which was found to be adequate to complete the update of the General Plan and Zoning Ordinance; and WHEREAS, because the agreement will authorize work in excess of $100,000, City Council approval is required. NOW, THEREFORE, BE IT RESOLVED AND ORDERED: The City Manager is authorized and directed to enter into a Professional Services Agreement with MIG for the update of the General Plan and Zoning Ordinance, consistent with the Work Program attached to this resolution, for a maximum cost of $1,320,281.00, as stated in the Work Program. The City Clerk is directed to attest to the signature of the City Manager upon execution of the Professional Services Agreement. Mayor Resolution No. 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 5th day of January, 2015, and as adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NAYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BURLINGAME AND MIG TO PREPARE THE UPDATE OF THE CITY'S GENERAL PLAN AND ZONING ORDINANCE THIS AGREEMENT is by and between MIG ("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 $1,320,281, 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 June 30, 2016 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 endorsements and 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. Agreement for Professional Services Between the City of Burlingame and MIG for preparation of an Update to the General Plan and Zoning Code Update 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 Agreement for Professional services Between the City of Burlingame and MIG for preparation of an Update to the General Plan and Zoning Code Update 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 parry 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 parry 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 parry 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 Agreement for Professional Services Between the City of Burlingame and MIG for preparation of an Update to the General Plan and Zoning Code Update 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 parry 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 WHEREOF, Consultant and City execute this Agreement. CITY OF BURLINGAME 501 Primrose Road Burlingame, CA 94010 Lisa Goldman City Manager CONSULTANT MIG 800 Hearst Avenue Berkeley, CA 94710 By:_ Name Title Federal Employer ID Number: Mary Ellen Kearney City Clerk Agreement for Professional Services Between the City of Burlingame and MIG for preparation of an Update to the General Plan and Zoning Code Update Approved as to form: Kathleen Kane City Attorney Attachments: Exhibit A Scope of Services Exhibit B City Insurance Provisions City of Burlingame General Plan and Zoning Ordinance Update Work Program Updated December 18, 2014 Introduction The MIG Team's proposed work program presents a detailed, logical series of phases and tasks, with information from each step creating the foundation for the next. Our approach uses resources efficiently while allowing City staff, the Planning Commission, City Council, Community Advisory Committee, property and business owners as well as residents ample opportunity to review and comment on the information compiled during each major task. We have included an extensive, inclusive public outreach and engagement program with innovative and proven high-tech and high -touch tools that will result in genuine community participation throughout the project. This approach ensures that the community will be kept well informed and actively engaged in the General Plan and Zoning Ordinance update processes. This engagement which will result in new planning and regulatory documents that have a higher level of community acceptance, user-f(endliness and legal compliance. We also intend to utilize the planned Technical Advisory Committee, Community Advisory Committee and Planning Commission Sub -committee throughout the project in a genuine, focused and well -organized process; these meetings are all described under Phase 9. The MIG Team will meet with these committees on a regular basis to: 1) present draft ideas and work products, 2) discuss emerging concepts and strategies, and 3) confirm and expand upon community input. Our approach will ensure that the City has a complete, internally consistent and legally defensible General Plan that reflects the community's vision for Burlingame. Also, the updated Zoning Ordinance and amended specific plans will fully reflect and implement the General Plan. For this project to be a success, City staff must be a key partner throughout the entire process. To show how we proposed to integrate City staff, we have included specific assignments for City staff in blue/italicized text at the end of each task. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program Phase 1: Project Start -Up and Background Materials Task 1.1: Kick-off Meeting and City Tour E At the beginning of the project, the MIG Team will visit Burlingame for an all day kick-off meeting and City tour to formally launch the project. This event will have four primary components: Meeting with City Project Manager. The MIG Team and the City's Project Manager will meet to discuss the overall project and develop project management, communication, invoicing and billing protocols. The kick- off meeting will provide an opportunity for the MIG Team to collaborate with the City to finalize the project framework and refine the customized outreach strategy. 2. Meetings with Individual Departments. Key members of the MIG Team will meet individually with City department heads for their respective topic areas. During these meetings, the MIG Team will discuss major project goals and will collect hard copy or digital files of existing data, reports and plans from City staff. 3. Identification of Key Issues and Opportunities. The MIG Team, working with City staff, will develop a preliminary list of issues and opportunities to be addressed. 4. City Tour. City staff will lead the MIG Team on a tour of Burlingame to highlight individual neighborhoods and community areas, the overall geography of the City, key issue and opportunity sites, economic development areas, areas where land use change may be desired and other factors. The focus of the tour will be to view and understand the neighborhoods, districts and opportunity areas. MIG will photo -document the tour for use in subsequent presentations and work products. City staff will be responsible for meeting and tour logistics (e.g., scheduling meetings, securing meeting rooms and van for City tour, etc.), and for attending the meeting and tour. Task 1.2: City Council Retreat and Refined Work Program At the onset of the project, MIG will meet with the City Council during a Study Session (just prior to a regular Council meeting) to discuss the community engagement process for the General Plan Update. MIG will then meet with the City Council, Planning Commission, and senior staff during their annual meeting City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program (March 7, 2014) to discuss the General Plan Update purpose, process and work plan. This will include a discussion on the historical, legal and regulatory role of a general plan, and how the comprehensive update process will benefit the City and community. The annual meeting will be an opportunity for the City Council and Planning Commission to ask questions about the process, and for City staff and the consultants to get a better understanding of what the key objectives are for the update. Based on the outcome of the discussion, MIG will prepare a refined scope of work and detailed project schedule that will be critical components to ensure deadlines are met and the project is completed on time and on budget. City staff will be responsible for scheduling the study session, the logistics for the annual meeting, inviting Council and Commission members and staff and providing input and feedback necessary to refine the overall Work Program. Task 1.3: Community Participation and Outreach Plan MIG will develop a comprehensive Community Participation and Outreach Plan in coordination with City staff. This plan will include outreach strategies, tools and tactics, and will guide the work of City staff and consultants to effectively engage community members throughout the program. The initial plan will include a schedule, target audiences, priorities, public involvement activities, communication tools and key community relationships. It will also include a detailed process diagram to illustrate the sequence and timing of project activities in a succinct format easily understood by a public audience. It is likely that the plan will be updated or revised throughout the course of the project as issues and policies unfold. MIG will also develop a project logo, look and feel (color palette and brief style guide) and templated materials (e.g., flyer, postcard) to brand the program and ensure outreach materials are consistent and easily identifiable by the community. A Community Advisory Committee will also be convened to advise the project team and help the City promote participation in the General Plan Update process. The specific task for committee meetings and involvement is described under Phase 9 below. The following are major components and products of the Outreach Plan that will be developed under this task: • Speakers Series. During the first two Phases of the project, MIG will manage a Speaker Series that will be open to the public and include City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 3 keynote presentations from leaders in areas including community involvement, downtown planning and sustainability. These sessions will be intended to share best practices relevant to Burlingame and the General Plan/Zoning Ordinance Update as well as to inspire and encourage community members to be active participants in the plan development. We will work with City staff to develop the final list of keynote speakers. MIG will be responsible for scheduling the speakers and arraigning all logistics (flights, hotels, etc.). • Community Surveys. MIG will develop a survey to gather input on community opinions and ideas for the General Plan update. The survey will be designed in a format that collects the richest and most informative data while enabling efficient data collection and tabulation methods. The survey will be available electronically, and paper versions of the survey will be distributed at community events and visioning workshops. Using Metroquest—an eye-catching, user-friendly survey interface—MIG will conduct a web -based survey designed to collect input on goals, priorities and trade-offs. Metroquest is an easy to use and visually appealing interface that helps simplify complex policy and planning questions into more accessible question formats. Participants can take the survey using the web, smart phones, tablets or desktop computers. MIG will also rent attractive touch screen kiosks (3-4 total) that are located in high -traffic areas (e.g., shopping and recreational centers) in the City to allow people to participate where they are. The kiosks can be very effective in reaching participants that might not normally get involved, and in the right location, kiosks can attract 100 to 300 participants daily. Additionally, Metroquest can be translated into multiple languages. The results of the survey will be collected and analyzed by MIG and will assist in the development of the Vision and Transformative Strategies. City staff will review two drafts of the survey instrument and will provide MIG with two consolidated sets of revisions. City staff will also assist with dissemination of the electronic and paper versions of the questionnaire. • Email Updates. MIG will work with City staff to develop a comprehensive list of email addresses for people interested in the project. MIG will prepare and send regular email updates to maintain interest in the project and generate participation. • Project Newsletters. MIG will prepare a series of five newsletters throughout the project that update the community on the project. Each newsletter will include a short overview of the project, schedule, notice of upcoming meetings/hearings and summary of recently produced materials. The City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 4 newsletters will include a combination of graphics and narrative text. MIG will post each newsletter on the project website, distribute them via email blast, and provide hard copies to the City for distribution. As an optional item, MIG can also produce versions of this newsletter in Spanish. The general topics for each newsletter include: o Newsletter # 1 -General Plan Update Introduction and Overview o Newsletter #2 - Existing Conditions Summary o Newsletter #3 - Vision and Transformative Strategies o Newsletter #4 - Concept Alternatives and Major Policy Concepts o Newsletter #5 - Public Review and Adoption Process • Postcards. MIG will prepare a total of five highly graphic postcards that will be used to promote the project, community workshops and public hearings. The postcards will be 4 inches x 5 inches, double -sided pieces designed to drive participation in the project. The postcards will also be mass -mailed to residents and businesses throughout Burlingame. The budget assumes that the City would be responsible for printing and mailing the postcards. • Outreach Toolkit and Volunteer Training. MIG will design and develop an Outreach Toolkit to be used by trained community volunteers and City staff to meet with a variety of community groups, associations and individual citizens to collect community input in a variety of settings, such as regular meetings of community organizations or at a gathering of interested neighbors. Each Toolkit will include a discussion guide, Frequently Asked Questions (FAQs), comment cards and PowerPoint presentation as necessary. MIG will develop two kits: one for use at the beginning of the process and one updated midway through the project in order to get feedback as the draft General Plan develops. MIG will conduct two training sessions for community volunteers and City staff on how to use the Outreach Toolkits. City staff will be responsible for summarizing the results of these efforts for the MIG Team. • Mobile Outreach -The Plan Van. If desired by the City, MIG can design graphic materials that highlight the project and can be printed on vinyl and used to cover an existing City fleet vehicle (preferably either a van or truck). The Plan Van would be used to bring attention to the project and as a mobile workshop tool. City staff can park the van at major gathering places during event times and solicit people to learn more about the project and fill out surveys. While MIG would prepare the graphics and organize the application of vinyl materials with a third -party vendor, MIG City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 5 would not provide or drive the vehicle. It is assumed the City would cover the costs for the vinyl materials (production and application). City staff will be responsible for providing input and feedback necessary to refine the overall Community Participation and Outreach Plan. City staff will also be responsible for printing and mailing the postcards, attending Outreach Toolkit training sessions, and securing a vehicle for the Plan Van (if used). Task 1.4: Decision Maker and Stakeholder Interviews The MIG Team will conduct three days of stakeholder interviews (approximately 20 one-on-one and small group interviews). This will include interviews with each City Council member, Planning Commissioner, chairs of other City commissions as well as local stakeholders (e.g., community group leaders, major business/property owners, school districts, etc.). The interviews will be informal and will provide a valuable opportunity to better understand desired project outcomes and perspectives of key decision makers and stakeholders. We have budgeted three full days for interviews. The final list of interviewees will be developed by MIG in close coordination with City staff. City staff will be responsible for contacting and coordinating interview times as well as securing room(s) at City Hall to hold the interviews. Task 1.5: Project Website Development and Maintenance MIG will work with City staff to create a unique project website that links to the City's website. This will include incorporating the project logo, fonts and colors to make the page easily identifiable with the General Plan Update project. While it is assumed the website will be hosted by the City, we also assume that it will be linked to various features through MIG's suite of proprietary web -based tools know as TownSquareTM. This software will allow the webpage to host a moderated blog, online survey, and interactive mapping and visualization tools. MIG will work with City staff to determine final website features and content. However, we anticipate using some combination of the following tools: • Comment Publisher: this tool can be used for registered users to provide web -based comments on planning topics and draft documents • Virtual Meeting: an interactive tool to engage community members online, utilizing the same materials developed for main workshops • Interactive Survey; this can include mapping exercises, virtual tours and visual preference surveys • Google Translate Toolbar: to enable users to easily translate the website into over 60 different languages City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 6 • Calendar and Event Manager • Document Library The website and associated features will be used throughout the process for 20- 30 months or longer as needed and mutually agreed to. Once the project is completed, MIG will send the City electronic copies of all webpage materials and content to be reloaded on the city's website. MIG retains ownership of all underlying software and publishing tools. Reporting of site statistics, usage and network performance will be provided at the request of City staff, but no more frequently than quarterly. City staff will be responsible for hosting the website, maintaining City webpage html, CSS or other code language, coordinating with MIG on all external TownsquareTM features, reviewing and approving all content, and assisting the MIG Team in preparing responses to digitally submitted community comments. Task 1.6: Social Media Program MIG will identify key social media platforms and constituent segments to share project messaging and promote outreach activities. MIG will recommend a social media strategy that establishes and leverages pre -segmented social media audiences by demographics and/or interests. The strategy could include publishing posts to established City, and other agency, social media accounts, starting a new social media account, supplying posts to social media accounts targeted at key audiences and/or promoting a hash tag. The social media program will enhance communications with educational content, community -building incentives and calls -to -action. Social media touch - points could include City and community organization social media feeds (Facebook, YouTube, Twitter, free or paid advertising) and blog articles. City staff will be responsible for developing a posting protocol and reviewing all social media content prior to posting. Task 1.7: Base Mapping and GIS Database MIG will collect and review GIS data from the City, including existing land use, General Plan land use designations, zoning, existing dwelling units per parcel, existing jobs or non-residential square footage per parcel, street centerlines, and county assessor data. Building footprint and height attributes are also desirable, if available. All information will be assumed to be accurate and up to date. MIG, in coordination with the City, will also define and format a series of base maps for use throughout the update process. These base maps will include existing City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 7 conditions information, such as existing land use, zoning, circulation and environmental information. We will ensure all maps have a uniform style, legend and title block. At the culmination of the project, MIG will provide the City with the GIS maps and associated files developed during the process. All GIS data and mapping prepared for the General Plan will be developed consistent with City protocols and data formats to ensure easy integration into the City's information system upon project completion. City staff will be responsible for providing GIS data, coordinating on formatting and metodata protocols, and reviewing and providing feedback on the base maps. Task 1.8: Existing Conditions Reports The MIG Team will conduct an analysis of existing conditions and the regulatory context in Burlingame. This will include a thorough review and analysis of the current General Plan, Zoning Ordinance, Specific Plans, existing Climate Action Plan, infrastructure master plans, Housing Element, and other City plans and programs. We will also conduct a thorough analysis of existing physical conditions in Burlingame, including urban design, mobility, open space and environmental features. This review and analysis will be compiled into a series of in-depth Existing Conditions Reports. Each report will include opportunities and challenges associated with the current conditions in Burlingame, as well as synthesize key findings from each of the main sections. The reports will include: • Land Use and Urban Form. MIG will analyze the existing land use patterns and adopted and pending plans that affect development in the city. We will describe, analyze and map existing land uses and identify constraints and opportunities for future growth and development. Special attention will be paid to defining built -out residential areas and identifying infill opportunity areas and areas with potential to generate new economic and employment activities. MIG will also summarize key adopted City plans, as well as plans in progress and plans for areas surrounding Burlingame (e.g., Millbrae, City of San Mateo, County of San Mateo and Hillsborough General Plans, and San Francisco International Airport plans and proposals). This will include a discussion on regional plans affecting the City. MIG will prepare an urban design summary that describes the look, feel and character of existing development and public spaces. This will include identifying architectural patterns and themes to be preserved, City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 8 character elements to emphasize and barriers to be addressed. MIG will produce associated maps and graphics that illustrate existing conditions in Burlingame, including gateways, scenic resources, major geographic features, major community features, open space, character areas, landmarks and gateways, and up to three other maps identified during the process. Economic and Market Demand Analysis Strategic Economics (SE) will conduct a market analysis for residential, office/R&D, industrial and commercial uses. For each of these land uses, SE will estimate the total potential demand (in number of units or square feet of development) over the short term (5-10 years) and the long term (10-20 years) in the mid - Peninsula region, the City of Burlingame and the areas of change. The Market Demand Analysis summary includes the following: o Demographic and Employment Trends - SE will conduct an analysis of historical and projected population and household growth as well as a review of employment trends and estimates of projected job growth by industry sector. The analysis will consider trends for the mid -Peninsula region and the City of Burlingame. o Residential Market Analysis - SE will estimate market demand for residential units (for -sale and rental) for the mid -Peninsula region and Burlingame; assess the competitive advantages of the areas of change and potential challenges for attracting development; identify product types that the areas of change are most likely to attract; and determine the likely sales prices/rents of new housing by type. o Office/R&D/Light Industrial Market Analysis - Based on an analysis of industry trends, projected job growth by industry, and a review of newly built and proposed development in the mid -Peninsula region, SE will estimate the demand for new office/R&D/light industrial development in Burlingame by product type. The analysis will consider the performance and quality of existing office/R&D/light industrial parks in the areas of change, and assess whether these buildings can accommodate future demand, or if they require reinvestment or reconfiguration to attract and retain businesses. The analysis will determine the likely tenants and rental rates that could be achieved with existing building stock and new product types in the areas of change. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 9 o Retail Market Analysis - SE will assess the demand for both regional - serving and neighborhood -serving retail in the areas of change. The analysis will first assess the City's competitiveness in specific retail sectors relative to existing large shopping centers in the market area, collecting information on rents, vacancy rates, major tenants, and retail taxable sales. Based on this analysis, SE will estimate the potential for additional regional -serving retail in the areas of change. SE will also estimate the demand for neighborhood -serving retail in the areas of change based on household and employee spending from the new residential units and office/R&D/light industrial development potential calculated in the previous sub -tasks. The retail market analysis will result in recommendations on the type of retail most likely to succeed in the areas of change without detracting from downtown Burlingame, Broadway and other existing retail centers. o Hotel - SE will assess the market for hotels in the areas of change based on the performance of existing hotel properties in the mid - Peninsula region, planned and proposed projects as well as the competitive advantages of the areas of change. • Sustainability and Public Health. MIG will analyze and summarize the existing conditions in the community related to sustainability and public health. We will summarize sustainability topics including water and energy use and efficiency, green buildings, and climate change adaptation. MIG will summarize public health topics including physical activity levels, land use patterns and transportation networks as they relate to active transportation as well as access to nutritious foods, health care and health facilities. • Transportation and Mobility. Nelson\Nygaard (N\N) will summarize and analyze existing transportation and mobility facilities in the City, including streets and roadways, public transit, bicycle facilities, pedestrian mobility, freight movement, and rail. N\N will prepare an assessment of existing mobility conditions by travel mode that describes the following existing conditions: o Travel patterns: mode splits for journey -to -work resident and nonresident employees, and origin/destination patterns o Street network: overview of existing street classifications, map of existing street classifications including planned facilities relevant to Future Baseline conditions City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 10 o Bicycle travel: overview of existing circulation conditions for cyclists, existing and proposed bike network map, and barriers and constraints to cycling in Burlingame o Motor vehicles: overview of existing circulation conditions for motor vehicle travel including parking, existing vehicle network classification map, daily and peak -hour volumes, and intersection operations (existing and future baseline conditions) o Pedestrian: Overview of existing pedestrian circulation conditions, a pedestrian circulation map identifying pedestrian priority zones, key constraints and barriers, and/or sidewalk gaps where applicable o Transit: Overview of existing transit service and access, map of exiting public transit service and private shuttles providing service to Burlingame, and a description of key factors affecting transit access in the City, including physical constraints and barriers as well as service constraints affecting transit access • Public Services and Infrastructure: Fuscoe Engineering will summarize information on existing conditions in the city related to water, sewer, hydrology and dry utilities (i.e., electrical, telephone, natural gas, cable television, etc.). This analysis will focus on existing conditions and trends as well as the regulatory framework affecting the issues addressed. Fuscoe will review pertinent documents (i.e., existing General Plan elements, special studies, EIRs, existing specific plans) and contact appropriate agencies and organizations. MIG will summarize existing police and fire services, as well as schools, childcare and senior care facilities. • Natural Resources. MIG will summarize existing natural resources in Burlingame. MIG will check the California Natural Diversity Database for known occurrences of special -status species in the area, and will prepare a map of the habitat types found in the City. The summary will describe the natural and urban environments, including vegetation types, common wildlife, whether important wildlife movement corridors are present, and what special -status species are known or expected to occur within the General Plan boundaries. The report will describe the urban forest and its value to the community history and to wildlife. This summary will also describe the regulatory setting, including state and federal laws that apply to biological resources in the City. • Open Space and Recreation. MIG will summarize the City's parks, recreation facilities, recreation services and open space areas. This will include an inventory of existing parks and facilities, existing programs (including level of participation), and gaps in services and facilities, including but not limited to, use and location. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 11 Community Indicators. MIG will summarize key indicators of current conditions in the community, especially those that measure quality of life, public safety, economic growth, health and sustainability. The indicators will be drawn from all sections of the report and will serve as a starting point for identifying issues and opportunities. City staff will be responsible for reviewing and providing one consolidated set of City comments to the MIG Team for each Existing Conditions Report. Task 1.9: Settings and Opportunities Summary Building upon the information contained in the Existing Conditions Reports, MIG will prepare a highly visual, easy -to -read and user-friendly summary of key findings and opportunities. This summary report will include narrative, maps, photo documentation, illustrative examples from comparable communities and other graphics as appropriate, and will be approximately 40-45 pages. It will be created in a PowerPoint format to provide maximum digital accessibility and allow easy online viewing on multiple platforms. City staff will be responsible for reviewing the summary and providing one consolidated set of City comments to the MIG Team. Task 1.10: Planning Commission Study Session MIG will prepare for and facilitate a study session of the Planning Commission to review the status of the program, present the Settings and Opportunities Summary, and solicit input on major issues and opportunities for Burlingame that need to be addressed during the General Plan Update process. City staff will be responsible for preparing the staff report and a short summary of this study session. Task 1.1 1: City Council Study Session MIG will prepare for and facilitate a study session of the City Council to review the status of the program, present the Settings and Opportunities Summary, and solicit input on major issues and opportunities for Burlingame that need to be addressed during the General Plan Update process. City staff will be responsible for preparing the staff report and a short summary of this study session. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 12 Task 1 Deliverables • Kick -Off Meeting and City Tour Materials: agenda, sign -in sheet, photo database and brief summary (Word/PDF/PPT/JPEG) • Retreat Agenda and Facilitation (Word/PDF) • Refined Work Program (Word/Excel/PDF) • Community Participation and Outreach Plan (Word/InDesign/PDF) • Project Logo, Style Guide and Templates (InDesign/PDF) • Project Newsletters (InDesign/PDF/printed by City) • Post Cards (InDesign/PDF) • Outreach Toolkits (InDesign/PPT/PDF/hard copies for 20 sets) • Stakeholder Interview Summaries (Word/PDF) • Project Webpage and TownSquareTM Products (HTML/CSS/Flash/PDF) • Social Media Strategy and Content (Word/PDF) • Base Maps (GIS/Illustrator/PDF) • Existing Conditions Reports (Word/Illustrator/GIS/PDF/10 printed copies each) • Settings and Opportunities Report (PPT/PDF/10 printed copies) • Planning Commission and City Council Study Session Materials (Word/PPT) Phase 2: Vision and Transformative Strategies Task 2.1: Community Workshop — Vision for the Future At the beginning of this phase of work, MIG will facilitate a community workshop to provide an update on the project and solicit input from the community. The agenda for this workshop will include: 1) project status, 2) summary of work to date, and 3) an interactive exercise to refine an overall vision for the City and identify major urban design, land use, mobility, community health and sustainability objectives. We will utilize the specific plan work the City has conducted as a starting point for developing the General Plan vision by asking participants to confirm, refine or revisit concepts included in those plans. MIG, in coordination with City staff, will be responsible for developing the content, printing materials, and facilitating the workshop. MIG will provide one facilitator and one graphic recorder for this workshop. City staff will be responsible for securing workshop locations, printing and mailing announcements, and providing food. Task 2.2: Draft Vision and Transformative Strategies Framework City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 13 Based on the input received from the Community Workshops and in close coordination with City staff, the Community Advisory Committee and the Planning Commission Sub -committee, MIG will develop a Vision and Transformative Strategies Framework for the updated general plan. This framework will include a vision for future growth, stability and sustainability in Burlingame. This will be followed by a series of transformative strategies designed to create positive change in the city. MIG will submit a draft for City staff review, and will produce a revised version that reflects staff edits. City staff will be responsible for reviewing the draft and providing MIG with one set of consolidated and confirmed edits. Task 2.3: Planning Commission Study Session MIG will prepare for and facilitate a study session of the Planning Commission to review the status of the program and present the draft Vision and Transformative Strategies Framework. The Planning Commission will provide direction to City staff and MIG on any rewording to the Vision and Transformative Strategies Framework. City staff will be responsible for preparing the staff report and a short summary for this study session. Task 2.4: City Council Study Session MIG will prepare for and facilitate a study session of the City Council to review the status of the program and discuss the draft Vision and Transformative Strategies Framework. The City Council will review Planning Commission recommendations and provide direction to City staff and MIG on final wording for the Vision and Transformative Strategies Framework. As an alternative, this study session can be conducted as a joint session with the Planning Commission. City staff will be responsible for preparing the staff report and a short summary for this study session. Task 2.4: Final Vision and Transformative Strategies Framework MIG will revise and prepare a final version of the Vision and Transformative Strategies Framework based upon direction received from the City Council and Planning Commission. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 14 Phase 2 Deliverables • Community Workshop Materials and Summary (Word/InDesign/PPT/PD F/hard copies) ■ Draft Vision and Transformative Strategies Framework (InDesign/PDF) • Planning Commission and City Council Study Session Materials (Word/PPT) • Final Vision and Transformative Strategies Framework (InDesign/PDF) Phase 3: Concept Alternatives Task 3.1: Areas of Stability and Change Mapping MIG will analyze existing land use patterns, development patterns, potential projects, circulation opportunities, and environmental resources and constraints. Based on this analysis, and the information prepared during earlier tasks, MIG will prepare a series of Stability and Change Area Maps that will be used as a starting point for developing scenarios during Phase 3. As part of this task, MIG will also prepare a series of public health maps that will be used throughout the project as a way of educating the public and identifying areas of concern and opportunities. City staff will be responsible for reviewing the draft mapping and providing MIG with one set of consolidated and confirmed edits. Task 3.2: Concept Alternatives Summary Building upon the Areas of Stability and Change Maps, the MIG Team will develop, in close coordination with City staff, three Concept Alternatives that will be used to show land use, mobility and policy options for the future. This will include identifying specific "focus areas" that are expected to be the primary locations of land use change resulting from the General Plan Update. The Concept Alternatives will be highly graphical and include descriptive text, a diagram and images (including photo simulations and sketches). The Concept Alternatives will be formatted to be large display boards (42" x 60") that can be used during the public outreach and engagement process. The MIG Team will work with City staff to evaluate the Concept Alternatives in terms of implications of land use, mobility, economic development, public facilities and services, and the natural environment. Based on the evaluation, we will prepare a Concept Alternatives Summary Report that includes text, graphics, images and maps. An underlying objective of the report will be to communicate technical and policy issues in a straight -forward manner that is easily understood City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 15 by community members and decision makers. It is anticipated that the report will be prepared in PowerPoint and be approximately 40 pages in length. Specific areas that will be addressed and compared include: • Land use and development, such as planning areas, City limits and opportunity area buildout projections (i.e., dwelling units, building square footage, population and employment), timing, infill and redevelopment potential as well as industrial land conversion. • Urban design criteria to promote future development that builds on the City's existing desirable features and facilitates improvements to areas that will likely undergo change during the timeframe of the new General Plan. • Economic trends, such as number and types of jobs created and tax revenue generated. • Housing, such as dwelling unit types, choices, location and affordability (based on the adopted Housing Element). • Transportation and mobility, including general automotive circulation and multimodal access improvements. The analysis will include performing a set of trip generation calculations and brief qualitative evaluation. • Public infrastructure and service demands, including water, sanitary, storm drainage, flooding, recycled water, police and fire. • Open space and parks and recreation, including the demand for parks, open spaces, recreation programs and impacts on cultural resources. • Conservation and environmental resources, such as water and air quality, water and energy consumption, climate change and greenhouse gas emissions. • Public safety, such as vulnerability to natural and manmade hazards (e.g., sea level rise, floods, heat waves). City staff will be responsible for reviewing the draft report and providing MIG with one set of consolidated and confirmed edits. City of Buringame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 16 Task 3.3: Fiscal and Economic Analysis SE will build a pro forma model to explore the financial feasibility of various land uses in the three alternatives. SE will work closely with the City and MIG Team to develop up to five prototypical building types to be tested in the analysis. Cost and revenue assumptions in the model will be vetted with local developers active in Burlingame and/or the mid -Peninsula. In addition to helping to identify the most feasible product types for the plan area, the analysis will provide insight on how different development standards could factor into a project's financial performance. The pro forma will test sensitivity to variables such as building heights, FARs, parking ratios, and other planning/zoning factors to provide recommendations on market - appropriate standards for the areas of change. SE will estimate the fiscal impact of up to four land use alternatives (including the existing baseline) on the City's General Fund, on a net annual and cumulative basis over a 25 -year period. SE will update its existing fiscal impact model used for the Downtown and EI Camino Real Specific Plan for the analysis. The fiscal impact analysis will estimate the current operating revenues and expenditures in the areas of change based on existing conditions, and estimate the potential change from projected growth in residential, office/industrial, and retail land uses for each alternative. SE will analyze the property tax, tax increment, sales tax, and other major sources of General Fund revenues generated by each scenario. Based on interviews with key City departments including Police, Fire, Public Works, Parks and Recreation, and Finance, SE will calculate the increase in General Fund expenditures for providing services to new residents and employees under each alternative. Based on the results of the fiscal analysis, SE will determine the extent to which each alternative provides sufficient revenues to offset the increased costs to the City General Fund. Task 3.4: Community Workshop - Concept Alternatives MIG will facilitate a community workshop to solicit input on the Concept Alternatives Summary. The agenda for this workshop will include project update, summary of work to date, and an interactive exercise to review and discuss the various alternatives. The objective of this workshop will be to gain direct feedback from the community regarding which concepts they support. This feedback will help inform the selection of a preferred concept that will be used as the basis for the updated General Plan. MIG, in coordination with City staff, will be responsible for developing content, printing materials and facilitating each workshop. MIG will provide one facilitator and one graphic recorder for this workshop. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 17 City staff will be responsible for securing workshop locations, printing and mailing announcements, and providing food. Task 3.5: Planning Commission Study Session MIG will meet with the Planning Commission to provide it with an update on the project, discuss the Concepts Alternatives Summary, and present feedback received during the Community Workshop. MIG will facilitate a discussion with the Planning Commission to identify a preferred concept. As an option, this can be scheduled as joint session with the City Council. City staff will be responsible for preparing the staff report and a short summary for this study session. Task 3.6: City Council Study Session MIG will meet with the City Council to provide it with an update on the project, discuss the Concepts Alternatives Summary, present feedback received during the Community Workshop, and discuss the Planning Commission preferred concept. MIG will facilitate a discussion with the City Council to identify the final preferred concept. This preferred concept will be used as the basis for preparing the General Plan Update. City staff will be responsible for preparing the staff report and a short summary for this study session. Task 3.7: Preferred Concept Based on direction received from the City Council and Planning Commission, the MIG Team will prepare a Preferred Concept that will be used as the basis for developing the Draft General Plan Update. Phase 3 Deliverables • Stability and Change Area Maps (GIS/Illustrator/PDF) • Concept Alternatives Summary (InDesign/PDF/20 hard copies) • Community Workshop Materials and Summary (Word/InDesign/ PPT/PDF/printed copies) • Planning Commission and City Council Study Session Materials (Word/PPT) • Preferred Concept (InDesign/PDF) City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 18 Phase 4: Draft General Plan Task 4.1: Policy Framework Prior to drafting the updated General Plan, MIG will create a policy framework document that identifies new or modified goals, policies and implementation programs. Our objective is to create a streamlined, action -oriented General Plan. Below we outline a structure that largely follows the structure established in State statutes. However, we are amenable to structuring the General Plan in any manner that works best for Burlingame. In all cases, we look to integrate sustainability and healthy communities principles into all of the Plan elements. The policy framework may identify responsible parties and timeframes for implementation of each plan policy. Color maps and graphics may be used as needed to illustrate various concepts such as sustainability, design and character areas, transit -oriented development, roadway networks, transit improvements, street standards, natural resources, open space, environmental and physical hazards, locations of public facilities, and economic development strategies. The policy framework will be reviewed by City staff as well as by commissions and committees, per staff direction. City staff will be responsible for reviewing the draft and providing MIG with one set of consolidated and confirmed edits. Task 4.2: Administrative Draft General Plan The MIG Team will prepare a new, comprehensive General Plan based on the technical analysis, input received during earlier phases and State legal requirements. The draft General Plan will reflect expressed community values, such as economic vitality, sustainability, safe and healthy communities, connectivity and education throughout each element. As noted above, we will incorporate sustainability and healthy community concepts into each of the individual elements. The updated Plan will also include a comprehensive implementation program that will focus on having the Plan be a living document that results in the desired change in the community. The updated General Plan will include the following elements/sections; the exact order and arrangement of elements and topics will be discussed and confirmed with City staff: Introduction. MIG will prepare an Introduction that summarizes the new General Plan. This will include a summary of the update process, extensive City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 19 public outreach and engagement process, and a specific discussion on how the updated Plan addresses recent and emerging state sustainability and greenhouse gas reduction mandates. • Land Use Element. MIG will prepare a Land Use Element that includes a new Land Use Diagram and updated land use designations that include allowable use, density ranges, floor -area ratios and other appropriate standards. We will describe the general land use patterns envisioned for Burlingame, and map the distribution of open space and density. This will include developing a set of standard street design guidelines based on the variety of street typologies specified in the plan. Building from the vision and community values, MIG will identify new goals, policies and implementation measures that will form the basis of urban design components to the General Plan. We will utilize the extensive public outreach and engagement process results as a resource that provides initial direction for defining urban design standards and guidelines. MIG will use photo examples to illustrate development standards, prototypes and character in focus areas. We will create a map and describe the distribution of character areas, building heights, development intensity and key public/private interface areas. MIG will also develop policies to promote community goals such as public health and equality, promote infill and compact development, revitalize urban and community centers, and protect natural resources. The Land Use Element will also include a specific section on climate change and adaptation. Building upon the work the City has already done to prepare an initial draft Climate Action Plan, MIG will develop a complete set of policy directives necessary to fully address climate change. Our recommendation is to include all relevant CAP policy within the General Plan (as opposed to a separate stand-alone document) to fully integrate policy. This is a common approach that we have had success with on previous projects. In addition, and as part of the EIR process (see Phase 5), MIG will conduct necessary greenhouse gas and air quality modeling to support the climate change analysis. • Mobility Element. MIG, with support from Nelson\Nygaard and Hexagon, will prepare a Mobility Element that describes the planned transportation network, including a new Circulation Diagram. We will produce full-color maps showing planned pedestrian facilities; bicycle facilities; bus, shuttle and paratransit facilities and services; rail transit facilities and services; electric vehicle infrastructure; and streets and roadways for automobiles, including freight and high -occupancy -vehicles. We will update general plan policies related to Complete Streets and multimodal transportation, City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 20 Transportation Demand Management, access for the mobility impaired, site design guidelines, guidelines for the coordination of land use and development with the provision of adequate transportation facilities and services, and neighborhood traffic management. We will also develop an Access Action Plan, including a work plan and timeline for near-term and long-range actions necessary to implement the plans and policies in the Mobility Element. • Conservation and Open Space Element MIG will prepare an updated Conservation and Open Space Element that shows the distribution and potential locations of recreation facilities, schools, public buildings and waste facilities. We will produce maps and define requirements for trails, parks and recreation access as well as cultural and historical resources. We will also identify methods for conservation of features such as water, soils, archeological resources and wildlife. • Noise Element. MIG will prepare a Noise Element that includes appropriate noise standards and policies to address development under the new General Plan. We will produce Future Noise Exposure Contours calculated based upon future traffic data, railroad usage assumptions and other information provided by the City. MIG will prepare a Noise Contour Map in terms of Len in increments of 5 decibels down to 60 dab Len. • Safety Element. MIG, with support from Fuscoe Engineering, will prepare an updated Safety Element that addresses areas constrained by hazards such as high noise levels, flooding, seismic and geologic hazards, fire danger, hazardous materials and other topics as appropriate. This will include policies and programs specifically related to greenhouse gas reduction, climate change adaptation and sustainability. • Economic Development Element. MIG, with support from Strategic Economics, will prepare an Economic Development Element that supports the General Plan's vision from an economic perspective. The element will include a realistic plan to implement its economic goals and objectives in the absence of redevelopment. In preparing this element, SE will evaluate current and future development opportunities, and help the City identify related goals in terms of job quality, reduced unemployment, tax benefits, retail shopping opportunities and visitor -serving uses. Based on the assessment of goals and opportunities, SE will craft a policy framework, internally consistent with other general plan elements, to clearly express the City's economic development vision. The element will include an implementation action plan that recognizes the City's anticipated staffing City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 21 capabilities and which leverages local and regional resources to maximize Burlingame's profile in the marketplace. • Public Services and Infrastructure Element. MIG, with support from Fuscoe Engineering, will develop a Public Services and Infrastructure Element. This element will include goals, policies and programs related to fire, police, emergency medical services, disaster preparedness, water, wastewater, telecommunications, and drainage. There will be a special focus on the creation of Low Impact Development (LID) techniques and sustainability concepts in new infrastructure investment. The Administrative Draft General Plan will be submitted to the City as a series of separate Word files with embedded or attached images and figures. City staff will be responsible for reviewing each element, adding track -change comments and edits to the Word files, and providing one set of consolidated and confirmed edits. Task 4.3: Public Draft General Plan MIG will incorporate City staff comments and prepare a public draft General Plan. The public draft General Plan will include final formatting in InDesign and will be highly graphic and easy to read. (If the City desires an ePlan document, the Public Draft General Plan would not be formatted in InDesign.) This will include all images, figures and diagrams necessary to fully articulate the policy concepts included under each element. City staff will be responsible for reviewing the full plan, and providing one set of consolidated and confirmed edits. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 22 Task 4.4: Community Open House MIG will plan and facilitate a citywide open house on the draft General Plan. The MIG Team will be available to answer questions about the project and the draft General Plan elements. This will provide an opportunity for members of the public to provide feedback on the draft elements, including the vision, goals, policies and programs. MIG will prepare large boards or posters that describe each of the draft elements, highlighting new policy concepts and major changes from the existing General Plan. MIG, in coordination with City staff and the project team, will be responsible for developing the content, printing materials and facilitating each workshop. City staff will be responsible forsecuring workshop locations, printing and mailing announcements, and providing food. Phase 4 Deliverables • Policy Framework (Word/Illustrator/GIS/PDF/20 hard copies) • Administrative Draft General Plan (Word/Illustrator/GIS/PDF/5 printed copies) • Public Draft General Plan (Word/Illustrator/GIS/PDF/printed copies to be defined) • Community Workshop Materials and Summary (Word/InDesign/PPT/PDF/printed copies) Phase 5: Environmental Review Task 5.1: Initial Study, Notice of Preparation and Scoping Meeting MIG will complete an Initial Study (IS) checklist and narrative to appropriately focus the topical contents of the General Plan Environmental Impact Report (EIR). Although the Zoning Ordinance update will not have been completed by this time, we will write the EIR to anticipate changes to the Zoning Ordinance to achieve General Plan consistency, as well as revisions to Specific Plans required to achieve the same. This will allow us to prepare a Consistency Finding or Addendum for future actions associated with this work program (following General Plan adoption). Those focus topics determined to have a potentially significant impact on the environment will be further analyzed during development of the Draft EIR, and associated mitigation strategies closely linked to General Plan policies and zoning ordinance updates will be identified. MIG will also prepare the EIR Notice City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 28 of Preparation (NOP) to attach to the IS, and will attend one CEQA-required EIR scoping session with responsible/interested agencies and members of the public. City staff will be responsible for reviewing and approving the NOP/IS, compiling the mailing list (with MIG assistance), and distributing the NOP/IS to responsible and interested agencies. Task 5.2: Draft Environmental Impact Report The MIG Team will develop a program -level Draft EIR that considers all aspects of General Plan implementation (i.e., citywide policy initiatives, as well as potential individual project approvals, construction and operation) in order to streamline both future entitlements and CEQA work. This task will be concurrent and collaborative with the General Plan update process. Environmental topic areas and potential CEQA-defined impacts will be aligned with potential new policies and amendments. General Plan policies will address environmental topics such as sustainability, efficient land use, and connectivity, which in turn will avoid or reduce potential impacts. The EIR will not react to a completed General Plan Update; the EIR will help form the update process. Mitigation will be developed through close coordination with General Plan policies and implementation strategies, integration of uniformly applicable development standards (CEQA section 15183 - Projects Consistent With a Community Plan or Zoning), and application of mitigation measures from recent projects. In turn, the evaluation of focus topics in the Draft EIR will identify how proactive measures will avoid or reduce potential impacts to less -than -significant levels, without the need for additional mitigation. CEQA encourages the efficient use of applicable, certified CEQA documents and discourages redundancy. The EIR will enable streamlined CEQA review for future individual development proposals, based on the following CEQA Guidelines sections: • 15183 - Projects Consistent With a Community Plan or Zoning 15183.3 -Streamlining for Infill Projects • 15152 -Tiering • 15162 -Subsequent EIRs and Negative Declarations • 15163 -Supplement to an EIR • 15168 - Program EIR • SB 743 - Draft revisions to CEQA (July 2014) Each of the CEQA Guidelines sections listed above affords opportunities for significant streamlining. MIG will prepare guidelines explaining how the City can City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 24 apply these CEQA streamlining opportunities to future projects. The guidelines will be included in the Draft EIR introduction -so that decision makers and other readers can easily understand how the City will use the EIR proactively over time as the Update is implemented. The guidelines can also be printed separately as a handout for individual project applicants to help the applicant better understand the CEQA process and how the City's process can save time and money. We anticipate that the following 14 focus topics will be of importance to City decision makers, interested agencies and the public during their consideration of the General Plan. These topics will receive emphasis in the Draft EIR. For the remaining topics (agriculture and forestry resources, mineral resources), the Initial Study will include brief written statements explaining why no significant impacts are anticipated. Likewise, the Initial Study will be the foundation for focusing potential impacts so that the EIR does not include irrelevant information that obscures environmental issues that need to be addressed. • Aesthetics: Consistent with CEQA, the EIR will independently evaluate the potential impacts of the land use and urban design policies on the visual character and image of the planning area, including on vistas of San Francisco Bay. This will include potential citywide impacts under the General Plan buildout. Beneficial aesthetic effects of the project also will be discussed. The EIR will recommend any project refinements warranted to minimize identified visual impacts, including measures that ultimately may be incorporated into the Zoning Ordinance and/or Specific Plans. • Air Quality. The EIR will assess the local and regional air emission impacts of General Plan buildout based on the most recently adopted modeling criteria of the Bay Area Air Quality Management District (BAAQMD), with criteria and toxic air contaminant modeling. For any significant impacts, the EIR will identify mitigations consistent with BAAQMD CEQA requirements that can be formulated into General Plan policies or zoning amendments. Current guidance from BAAQMD recommends the use of a recently released modeling tool: the California Emissions Estimator Model (CalEEMOd). MIG will consult with BAAQMD regarding use of CaIEEMod and preferred modeling approach at the time of analysis. • Biological Resources. Based on available biological surveys of special - status plants and animals in the City and Bay Shore, MIG will ensure that General Plan Update policies and amendments regarding these resources are consistent with Best Management Practices and jurisdictional protocols for mitigating potential impacts. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 25 Cultural and Historic Resources. Pursuant to CEQA Guidelines section 15064.5, the EIR will evaluate the potential effects of the General Plan Update on any identified or potential cultural or historic resources in the planning area. CEQA-based mitigation protocols that can be incorporated directly into General Plan policy will be identified. The results of these assessments will be incorporated into the impact findings, with mitigation protocols that can be included in updated policy and amendments. Geology and Soils. The EIR will identify potential geotechnical impacts of General Plan development and describe mitigation protocols (including City Building Department requirements) to reduce potential impacts of earthquakes to less -than -significant levels. Greenhouse Gas Emissions (GHG). The EIR will address the GHG implications, both beneficial and adverse, of General Plan buildout. The EIR will quantify project climate change impacts based on the most recently adopted modeling criteria of the BAAQMD. The EIR will also analyze consistency with BAAQMD's adopted Clean Air Plan (CAP). For any significant impacts, the EIR will identify mitigations consistent with BAAQMD CEQA requirements that can be included in General Plan Update policies and amendments. Hazards and Hazardous Materials. Based on review of available data (including the Department of Toxic Substances Control EnviroStor website), the EIR will discuss the potential for future hazardous material exposure impacts associated with potential development under General Plan buildout and describe associated jurisdictional mitigation protocols. MIG will prepare a technical report on the Federal, State, County and local regulations that apply to the use, storage, transport and disposal of hazardous materials in the planning area (this information will also provide the "Regulatory Setting" section of this EIR chapter). Based on this technical report, the EIR will describe the project's proposed changes to the City's review process regarding hazardous materials and evaluate how those changes would avoid or reduce potential environmental impacts. Hydrology and Water Quality. The EIR will describe drainage, flooding and water quality issues. Fuscoe Engineering will assist in analyzing potential impacts and identifying mitigations. Land Use and Plannina. The EIR will independently evaluate the land use implications, both beneficial and adverse, of the General Plan Update City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 26 and will identify any significant impacts under CEQA (e.g.," division of an established neighborhood"). The EIR will then identify any associated mitigations, including recommended General Plan refinements that can be incorporated directly into Update policies and amendments. In addition, to comply with CEQA, the consistency of the General Plan proposed policies with relevant regional planning policies (e.g., BAAQMD) will be evaluated. Noise and Vibration. The EIR will describe the impacts of General Plan development policies and associated future buildout on the local noise/vibration environment. Short- and long-term noise measurements and existing noise contours will be provided. Projected noise modeling and contours under the proposed Update will be developed. The EIR will analyze construction noise/vibration, traffic and rail noise/vibration, and land use compatibility within the projected noise environment. The EIR will then identify effective and feasible mitigations that can be incorporated directly into General Plan Update policies and amendments. Population and Housina. The EIR will describe the project's potential effects on housing and population in order to provide the statistical basis for related quantitative environmental impact evaluations (e.g., public services and utilities). General Plan Update implementation is not, in itself, expected to cause CEQA-defined population or housing impacts (e.g., substantial displacement). Public Services (including recreation). The EIR will evaluate the project's effects on the following public services: fire protection, police protection, schools and parks/recreation. Appropriate service providers (identified in coordination with City staff) will be contacted to help identify potential impacts and formulate any mitigations that can be incorporated into General Plan Update policy and uniform standards. Transportation and Traffic. Hexagon will prepare the travel demand forecasts using the VTA/CCAG model, which includes a sophisticated routine for forecasting transit trips. The model also includes a module to forecast bicycling trips. However, the bicycling module could use better validation. Hexagon could work on validating the bicycle module as an optional task. Walking trips generally occur within a zone and are accounted for with the trip generation equations. The Year 2040 modeling process consists of the following subtasks: A. Refine and Validate the Model: Hexagon will refine the VTA/CCAG model for application in Burlingame. This will involve comparing 2014 City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 27 model forecasts to 2014 traffic counts. The City of Burlingame will supply the 2014 land use data. Hexagon will adjust model parameters to get a reasonable validation. B. Develop Future Land use Data Files: City staff will develop land use forecasts for the 2040 baseline and proposed General Plan scenarios. The land use and demographic data used by the model is expressed in terms of the number of households, household population, household income, six types of employment (retail, service, other, agricultural, manufacturing, and wholesale) and school enrollment (elementary, high school and college). C. Transportation Improvements: Hexagon will consult with VTA and City staff to determine which regional and local transportation improvement projects will be assumed for the General Plan horizon year. The model's transportation networks (highway and transit) will be updated to reflect these improvement projects. The baseline transit network will include the Caltrain electrification project. D. Develop Forecasts: Forecasts of future demand on the City's transportation system will be prepared using the adjusted VTA/CCAG travel demand model. This model uses widely accepted transportation planning formulas to convert forecasts of future land use into the number and distribution of future vehicle trips on the roadway network and transit ridership on the transit system. Peak -hour traffic volumes (peak -hour intersection turning movement volumes and roadway segment volumes) and transit ridership on the public transportation system (bus routes and Caltrain) will be forecasted by the model. Other model outputs will include vehicle miles traveled, hours of delay, travel speeds, the number of trips generated, and trips by mode (drive alone, carpool, transit, bike and walk). E. Model Adjustment Interface: Although the model will be calibrated against existing traffic counts and should reflect existing travel patterns reasonably well, it is not recommended to use model forecasted turning movements at intersections, verbatim. Therefore, the model forecasts will be adjusted based on existing traffic counts, base year and future year model volumes. F. Review and Report Forecasts: The output data from the model forecasts will be reviewed to ensure that the results are reasonable and reflect expected changes in traffic as a result of the assumed land use growth and transportation improvements. Hexagon will supply City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 28 link -level adjusted forecasts to Nelson\Nygaard for use in the operational assessment. G. Transportation Impact Assessment: Nelson\Nygaard will prepare an operational assessment that will utilize the travel demand forecasts to be prepared by Hexagon. The operational assessment will identify potentially significant transportation impacts for incorporation into the Draft EIR. H. Additional Travel Demand Scenario Testing (optional): Hexagon can prepare additional scenario testing utilizing the VTA/CCAG model to test TDM measures, such as parking cost, increased transit services or discount transit passes. Utilities and Service Systems. The EIR will evaluate the project's effects on water supply and distribution, sanitary sewer treatment capacity and distribution, and storm drainage. The EIR will also evaluate solid waste/recycling services. A sequence of two Administrative Draft EIRs will be delivered for City staff review, and then a Screencheck Draft EIR will be prepared for final review by a limited number of City staff before a public release Draft EIR is completed. City staff will be responsible for reviewing and providing one consolidated set of City comments to the MIG Team on the two Administrative Draft EIRs and the Screencheck Draft EIR. Task 5.3: Final Environmental Impact Report MIG will prepare a Final EIR that includes responses to public and agency comments received on the Draft EIR during the 45 -day public review period. The budget assumes there will be approximately 120 individual comments requiring a response (note: each comment letter may include multiple comments). MIG will also prepare a Mitigation Monitoring and Reporting Program for adoption with the Update. An Administrative Final EIR will be delivered for City staff review before a public release Final EIR is completed. City staff will be responsible for reviewing and providing one consolidated set of City comments to the MIG Team on the Administrative Draft Final EIR, Final EIR and the Mitigation Monitoring and Reporting Program. Phase 5 Deliverables City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 29 • Notice of Preparation and Initial Study Checklist (Word/PDF) • Scoping Public Meeting Materials and Summary (Word/Illustrator/InDesign/PDF/hard copies) • Two Administrative Draft EIRs; Screencheck Draft EIR and Public Release EIR (Word/PDF/20 printed copies, with technical appendices on a CD) • Final Environmental Impact Report and Mitigation Monitoring and Reporting Program (Word/PDF/20 printed copies) Phase 6: General Plan Hearings and Adoption Task 6.1: Planning Commission Public Hearings (2) MIG will meet with the Planning Commission two times to present, discuss and receive input/direction on the Draft General Plan and Draft EIR. These hearings will provide an opportunity for the Planning Commission to formally receive public comments on the draft documents. The conclusion of these hearings will be a formal recommendation on the project to the City Council. City staff will be responsible for preparing the formal staff reports for these hearings. Task 6.2: City Council Public Hearings (2) MIG will meet with the City Council once to present, discuss and receive input/direction on the Draft General Plan and EIR. This public hearing will provide an opportunity for the City Council to review Planning Commission recommendations and formally receive public comments on the draft documents. Following this hearing, MIG will attend a second Adoption Hearing with the City Council to review and discuss the final documents. The conclusion of this hearing will be the City Council's formal adoption of the updated General Plan and certification of the EIR. City staff will be responsible for preparing the formal staff reports for these hearings. Task 6.3: Final General Plan MIG will prepare a Final General Plan based on the outcome of the City Council adoption hearing. Following Plan adoption, MIG will submit all project files to the City, including all GIS shapefiles developed during the process. If desired by the City, this would be the time the digital ePlan would be developed by MIG. (The budget assumes a standard, searchable and updateable ePlan would be City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 30 developed. Additional features and functionality is available as an optional budget item.) City staff will be responsible for preparing the formal staff reports for these hearings. Task 6 Deliverables • Planning Commission and City Council Hearing Materials (Word/PPT) • Final General Plan (InDesign/Illustrator/GIS/PDF/printed copies to be determined) Phase 7: Zoning Ordinance Update The City of Burlingame Zoning Ordinance (Title 25 of the Municipal Code) has not been comprehensively updated since the 1950s. Over the years, revisions have been made to address evolving land use and development practices, incorporate Specific Plans and special purpose zones and address changes in State law. However, this piecemeal update approach has resulted in internal inconsistencies and a somewhat disorganized structure, with new provisions tacked onto the end of the Ordinance rather integrated into the most logical chapter or section. Also, outdated regulations and confusing administrative provisions have remained embedded in the Ordinance, making it difficult to use. Undertaking a comprehensive approach to updating the Ordinance together with the General Plan Update will give the City the opportunity to evaluate the entire document and rewrite toward these ends: • Reflect modern land use regulations and development approaches, including those incorporating sustainability principles • Implement new General Plan policies developed through the comprehensive update, including anticipated goals that promote complete neighborhoods and districts, as well as transit access • Incorporate all current laws and laws that may become effective during preparation of the General Plan Update • Address all of City staff's "fix it" provisions • Incorporate graphics and tables to make the Ordinance easier to use • Reflect the City's objectives for good design and quality development by including urban design standards and illustrations • Respond to community goals regarding neighborhood preservation • Establish provisions that incentivize high-quality infill projects that are compatible with established development • Create performance standards that reflect conditions and objectives specific to Burlingame City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 31 Ensure that administrative procedures are clear, consistent, compatible with State law, and capable of providing for streamlined review Establish a logical overall Ordinance structure that allows for future amendments in locations where it makes sense. Based on our review of current Title 25, our knowledge of Burlingame, discussions with Planning staff, and information presented in the Request for Proposals, the work plan for the Zoning Ordinance update responds to the City's objectives and incorporates approaches we have found to be successful in other Zoning Code update programs. We will incorporate good design principles and standards into the provisions for each zone category (single-family residential, multifamily residential, commercial, and industrial), with graphics to illustrate what the City seeks to achieve. We anticipate beginning work on the Zoning Ordinance during preparation of the General Plan to inform development/revision of land use categories. However, most of the work will be completed quickly following General Plan adoption. Below we present our initial thoughts on how Title 25 can be reorganized. New Zoning Ordinance, Section L Existing Zoning Ordinance Section Recommended Improvements Section 25.04.010 Zoning plan established—Purpose. Section 25.04.040 Incorporation of State planning act by reference. Section 25.04.050 Interpretation of Title as Article 1 minimum requirements. General Provisions Section 25.04.060 Application to municipal buildings and uses. Section 25.04.070 Uses limited to those permitted. Section 25.04.080 Consistency with General or Specific Plans and CEQA. We will revise/update material to appropriately summarize the General Plan vision. At a minimum we will add: ■ Relationship to other Plans and CEQA ■ Interpretation of Regulations ■ Zoning Map Adopted and Zones Established ■ How to deal with projects already in the pipeline City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 32 New Zoning Ordinance Section brisling Zoning Ordinance Section Recommended Improvements All existing districts will be evaluated to ensure consistency with General Plan land use designations. Some districts will be deleted, merged with others, and/or added. The provisions for each district will be rewritten and will include a clear purpose statement, land uses tables and permit requirements, zone -driven development standards displayed in a table format, and references to other applicable standards. For the residential districts, we will ensure that the use regulations and development standards reflect specific programs in the current Housing Element necessary to maintain its certified status. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 33 Chapter 25.26 R-1 District Regulations Chapter 25.27 R-2 District Regulations Chapter 25.28 R-3 District Regulations Chapter 25.29 R-4 District Regulations Chapter 25.30 C-1 District Regulations Chapter 25.31 C-2 District Regulations Chapter 25.32 BAC (Burlingame Avenue Commercial) District Regulations Chapter 25.33 HMU (Howard Mixed Use) District Regulations Chapter 25.34 MMU (Myrtle Road Mixed Use) District Regulations Chapter 25.35 BMU (Bayswater Mixed Use) District Regulations Article 2 Chapter 25.36 DAC (Donnelly Avenue Zones, Allowable Commercial) District Regulations Uses, and Chapter 25.37 CAC (Chapin Avenue Development Commercial) District Regulations Standards Chapter 25.38 CAR (California Drive Auto Row) District Regulations Chapter 25.40 Trousdale West of EI Camino Real (TW) District Regulations Chapter 25.41 EI Camino North District Regulations (ECN) Chapter 25.42 C-R District Regulations Chapter 25.43 Inner Bayshore District (IB) Chapter 25.44 Rollins Road (RR) District Regulations Chapter 25.45 Shoreline District (SL) Chapter 25.46 T -P District Regulations Chapter 25.47 Anza Area Chapter 25.48 Anza Point North (APN) Chapter25.49 Anza Point South (APS) Recommended Improvements All existing districts will be evaluated to ensure consistency with General Plan land use designations. Some districts will be deleted, merged with others, and/or added. The provisions for each district will be rewritten and will include a clear purpose statement, land uses tables and permit requirements, zone -driven development standards displayed in a table format, and references to other applicable standards. For the residential districts, we will ensure that the use regulations and development standards reflect specific programs in the current Housing Element necessary to maintain its certified status. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 33 New Zoning Ordinance Section Article 3 Site Planning and General Development Regulations Existing Zoning Ordinance Section Chapter 25.56 Rental or Lease of Vacant School Properties Chapter 25.58 General Use Provisions Chapter 25.63 Inclusionary Housing Chapter 25.70 Off -Street Parking Chapter 25.77 Wireless Communications Facilities Chapter 25.78 Fences and Hedges Chapter 25.59 Secondary Dwelling Units Chapter 25.60 Accessory Structures In R-1 and R-2 Districts Article 4 Chapter 25.61 Additions To or Standards for Modifications of Residences In Hillside Areas Specific Land Uses Chapter 25.68 Home Occupations Chapter 25.74 Automobile Parking Lots, Sales Lots, and Service Stations Chapter 25.76 Adult Entertainment Businesses Recommended Improvements We will revise/update existing sections and add the following sections, among others, as determined to be appropriate by City staff: ■ Site Planning and General Development Standards • Outdoor Lighting Standards ■ Accessory Structures ■ Fences, Walls, and Hedges ■ Landscaping Standards ■ Property Maintenance ■ Performance Standards ■ Infill Development Standards ■ Revised Off -Street Parking and Loading Standards ■ Density Bonus and Incentives ■ Sustainable Development Practices Regulations and standards for specific uses will be organized into one new Article. Other specific uses that require more detailed regulations specific to the City will be identified and added to this Article. We will draw from provisions currently included throughout the Code and add additional specific uses, including for example: ■ Child Care Facilities per State Law ■ Drive-In/Drive-Through ■ Live Entertainment (with reference to other portions to the Municipal Code( ■ Outdoor Dining ■ Places of Religious Assembly per Federal Law ■ Residential Care Facilities ■ Identity other uses to be considered/added We recommend establishing a new, separate Article to address nonconformities. The new Article will be organized to clearly distinguish Article 5 between nonconforming uses, nonconforming Nonconformities Chapter 25.50 Nonconforming Uses and structures, nonconforming development Structures standards, and nonconforming lots. Also, we Will consult with the staff and City Attorney regarding the extent to which these provisions Will be revised, particularly with regard to amortization requirements, if any. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 34 New Zoning Ordinance Section Article 6 Permit Processing Procedures Existing Zoning Ordinance Section Chapter 25.16 Procedure for Classification, Reclassification, Variance or Special Permit Chapter 25.20 Permits and Licenses Chapter 25.24 Fees Chapter 25.51 Special Permits Chapter 25.52 Conditional Use Permits Chapter 25.54 Variances Chapter 25.55 Minor Modifications Chapter 25.57 Design Review Chapter 25.66 Requests for Reasonable Accommodation for Accessibility Chapter 25.16 Procedure for Article 7 Classification, Reclassification, Variance Zoning Ordinance or Special Permit Administration Section 25.04.020 Powers and Duties of Planning Commission Recommended Improvements We will organize all of the City's required planning -related permits and approvals into this new Article. Each article will begin with a purpose statement and will be followed by application filing requirements, processing procedures, required findings, and post decision making procedures. We will work with City staff to determine new administrative provisions to be considered to streamline project review. • General Provisions ■ Application Processing Procedures (including a comprehensive Review Authority table) ■ Conditional Use Permits ■ Administrative/Minor Use Permits • Home Occupation Permits ■ Development/Design Reviews ■ Temporary Use Permits • Variances ■ Minor Modifications ■ Zoning Clearances • Planned Development Permits ■ Reasonable Accommodations ■ Permit Implementation, Time Limits, and Extensions We will organize all of the City's planning - related administrative provisions into this new Article. ■ Administrative Responsibilities ■ Amendments ■ Appeals ■ Public Notices and Hearings ■ Development Agreements ■ Specific Plans ■ Permit Modifications and Revocations We will modernize the definitions by adding an Article 8 abbreviations section, rewriting text, defining all Chapter 25.08 Definitions allowed land uses, adding new terms, deleting Definitions outdated language, and incorporating graphics. Involving Stakeholders, Decision Makers, and the General Public In Phase 1, we describe the robust public engagement planned for the General Plan Update work program. During the stakeholder interviews (Task 1.4), we will talk to Planning Commissioners, developers, property owners, and others who work closely with the Zoning Ordinance to understand their concerns and ideas for improvement. We will also conduct study sessions with the Commission and City Council to get policy direction on key zoning -related issues while Ordinance City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 35 preparation is underway. We will plan and facilitate at least one community- wide workshop to present new provisions included in the Zoning Ordinance for public review and will invite property owners likely to be affected by the General Plan Update and subsequent re -zoning. Review of Draft Zoning Ordinance Materials MIG will prepare the following documents to allow for comprehensive review and coordination with City staff throughout the process: • A Diagnosis of current Zoning Ordinance and other sections of the Burlingame Municipal Code that have a relationship to the Zoning Ordinance • Draft Style Sheet and Annotated Outline of Zoning Ordinance • Policy White Papers for discussion with the Planning Commission during preparation of the update Zoning Ordinance • Administrative Draft: First draft (in sections) for internal staff review • Preliminary Draft: Second draft (in sections) to ensure that comments have been appropriately addressed, and for discussion with the Planning Commission in study sessions • Public Hearing Draft: Third draft for public review, environmental review, and public hearings with the Planning Commission and City Council Screencheck • Final Zoning Ordinance: Following final Council action on the Zoning Ordinance, internal Screencheck draft to confirm accurate incorporation of changes approved by the City Council • Final Zoning Ordinance: Final Zoning Ordinance codification and publication • On-line Zoning Ordinance: Searchable on-line version of the adopted Ordinance (optional task) Use of a City Staff Technical Advisory Committee The MIG Team will work closely with City staff throughout the process of draft Zoning Ordinance preparation, review, and adoption. To help the program proceed most efficiently and effectively, we recommend that staff establish an in-house Technical Advisory Committee, or TAC. The TAC can consist of select planning staff, representatives from Code Enforcement, and, as needed, the City Attorney and Public Works staff. It may include members from the General Plan TAC, but may also include members with specific zoning or development review expertise who were not part of the General Plan TAC. We will conduct meetings with the TAC to review project progress and significant new portions of the Ordinance. We will be highly responsive to any evolving City objectives that City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 36 may emerge from the TAC or as the document is reviewed. TAC meetings are included in the schedule and budget as staff meetings. Updated Zoning Map MIG will prepare a new Zoning Map to reflect the updated General Plan. This will begin with a General Plan/zoning consistency analysis and result in a new GIS - based Zoning Map. Because properties will be re -zoned citywide either to achieve consistency or reflect new zones, property owners should be engaged and notified. We recommend conducting a workshop focused solely on the proposed zone changes, as our experience has shown that such a meeting addresses specific issues and concerns of affected property owners. State law requires that property owners be directly notified if fewer than 1,000 properties are directly affected. We recommend direct notification of all property owners subject to a zone change. MIG can prepare communication materials for this notification, such as a postcard or newsletter. Task 7.1: Initial Strategy Meeting At the outset of this effort, staff from MIG and Jacobson & Wack (J&W) will meet with City staff to confirm objectives for the Zoning Ordinance update, finalize and schedule the public engagement tasks specific to this phase of the work program, and define how recently adopted land use policies will be reflected in the updated zoning regulations. We will also discuss problems and issues associated with present land use and development regulations (including regulatory topics that need attention but are not fully addressed in the current Zoning Ordinance), and we will review and discuss format and organizational alternatives. (Please refer to our initial thoughts on this topic above.) We understand that several City staff members may keep a list of inconsistencies and confusing provisions (a "fix -it" list) in the current Ordinance that they wish to address. We will ask that staff prepare a consolidated, comprehensive list prior to the meeting to help our team understand staff's objectives and desires for amending the regulations. As part of this meeting, we will review with staff the Municipal Code as a whole to identify other provisions that should be included or cross-referenced in the Zoning Ordinance, or that will, at a minimum, need to be understood so that no conflicts occurwith the updated provisions. City staff will meet with MIG and J& W to discuss issues and strategies for updating the Municipal Code. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 37 Task 7.2: Diagnosis of the Zoning Ordinance Based upon the results of meetings with staff, stakeholder interviews, our review of City staff's list of identified problems with the current Title 25, and our in-depth review of the Ordinance and other relevant documents, MIG and J&W will prepare a diagnosis of the Ordinance and an annotated outline showing how we propose to address issues in the updated Zoning Ordinance. The outline will identify existing deficiencies, the revisions deemed necessary to correct those deficiencies, and where the revisions will be addressed in the comprehensive updated Title 25. We will prepare the diagnosis in a matrix format. The matrix can be used to track revisions to the existing Ordinance during the drafting process and is intended to assist in the preparation of staff report(s) when the updated Ordinance goes through the public review and adoption process. As part of this task, MIG and J&W will also prepare a recommended style sheet, a standard chapter format that will be used, and a working outline for the updated Zoning Ordinance. In consultation with City staff, we will identify which existing zones will remain to implement General Plan land use designations, which will be eliminated as no longer necessary or purposeful, and new zones that will need to be created. MIG and J&W will meet with staff to review the diagnosis, style sheet and format, and outline. Because we anticipate that the Ordinance ultimately will be incorporated into the City's on-line Municipal Code, we will structure the document to allow for easy conversion. Based on the input received from staff, MIG and J&W will revise the annotated outline, format and style sheet, and sample chapter format to illustrate the intended format and style of the updated Zoning Ordinance. The revised outline will form the basis for the comprehensive update. City staff will meet with MIG and J&W,• review the diagnosis, style sheet, format and outline; and provide feedback. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 38 Task 7.3: Administrative Draft Zoning Ordinance MIG and J&W will prepare an Administrative Draft Zoning Ordinance for Planning staff and TAC review. The Ordinance will be prepared as individual articles, chapters and sections in order to allow staff to provide timely, focused feedback. The efforts will focus on: • Restructuring the Ordinance for ease of use (see the draft outline above for recommended restructuring); • Eliminating redundancies and inconsistencies; • Extensive use of tables and illustrative graphics; • Implementing General Plan land use and urban design policies; • Incorporating State law provisions that are not currently reflected in the Code; • Addressing smart growth and environmentally sustainable development practices (such as site design and use of materials); and • Streamlining development review processes. MIG and J&W will prepare the Administrative Draft of all articles of the updated Ordinance. The Ordinance will generally address the following, with the details to be defined as part of the diagnosis process. Chapter 1: General Provisions This Chapter corresponds to Chapters 25.04, 25.20, and 25.24 of current Title 25. We will reformat per the new structure and expand the regulations to address zoning relationships to the CEQA process as well as other provisions required by law. Chapter 2: Zone Provisions Chapters 25.26 through 25.49 establish the various zones in Burlingame and the land use and development regulations that apply. We note that the provisions largely do not contain Purpose and Intent statements for each zone. We will draft purpose statements for each existing and new proposed zoning district. The current Ordinance structure provides long lists of permitted and conditionally permitted uses for each zone. To create an easy-to-use code, we will construct use tables for each zone or groups of zones. (An example section of a table is provided on the next page). We will analyze the use regulations applicable to each zone and the development standards to ensure they reflect the General Plan, other City objectives, and current State law. For the residential districts and other zones that allow residential uses, we will ensure that the use regulations and City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 39 development standards reflect specific programs in the current Housing Element necessary to maintain its certified status. We will expand the development standards to incorporate the following, to the extent desired by City staff: • Good site design and building design principles (those that can and should be codified) • Universal access standards • Sustainable design practices, to the extent desired by the City Residential Zones We understand that the City does not envision substantive changes to the residential zones. Our work here will focus on reorganizing Chapters 25.26 through 25.29 into a single chapter with use and development standard matrices. We will make land use regulatory changes only as directed by staff and as required to meet current State law. Language will be clarified and simplified as needed. Regulations provided for specific uses (e.g., corner stores) may be relocated to new Article 4. A separate table will be prepared for development standards, and these will only be adjusted to include clarifying language, so as not to create widespread nonconformities. To the extent practical and desired by the City, we will move provisions from the current residential design guidelines to the Ordinance. For example, we envision guidelines addressing privacy, porches, and fences could easily be codified by changing Ordinance language (e.g., "shall" instead of "should"). If it makes sense to do so, we will also incorporate updated hillside regulations from existing Chapter 25.61 into this Chapter. If the City prefers that the hillside regulations be kept separate, we will update and incorporate them instead into Article 3. We also recommend including in the Residential Zone Chapter existing Chapter 25.59 (Secondary Dwelling Units). Example of Land Use Table Where the last column in the Table 2-5 includes a Chapter or Section number, the regulations in the referenced Chapter or Section shall apply to the use. Provisions in other Sections of this Development Code may also apply. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 40 Table 2-5 Allowed Uses and Permit Requirements Commercial Zone Permit P Permitted By Right A Permitted as Accessory Use MUP Minor Use Permit CUP Conditional Use Permit Not Allowed Land Use C -P C -G C -F Specific Use Regulations Retail Trade Uses Alcohol Beverage Sales A Alcohol Sales (off -sale) A CUP CUP See 19.60.030 Alcohol Sales (on -sale), Accessory Only A A A (Alcohol Beverage Sales Business) Convenience Store CUP CUP A Pawn Shop Retail Store (Less than 20,000 sf) P P Retail Store (20,001 to 80,000 sf) MUP MUP Retail Store (80,001 or greater sf) CUP CUP Shopping Center Neighborhood CUP See 19.12.040 Community CUP CUP (Limitations on Regional CUP CUP Shopping Centers) Vehicle Rental MUP MUP Vehicle Sales - New CUP P Vehicle Sales - Used CUP Vehicle Parts Sales (including stereos/alarms, but no installation) P A Vending Machines - Outside MUP MUP MUP See 19.60.170 (Vending Machines - Outdoor) Business, Financial, and Professional ATMs A A A Financial Institutions and Related Services P P MUP Offices — Business or Corporate P P ana Accessory Food Service (open to public) A A A Bars, Lounges, Nightclubs, and Taverns CUP CUP City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 41 Commercial and Mixed -Use Zones Burlingame has approximately 12 zones for commercial and mixed-use development. Several have been crafted to respond to unique conditions and goals for a focused area (for example, Burlingame Avenue Commercial), and others implement Specific Plans (for example, EI Camino North). During the General Plan process of revisiting land use categories, we will do the same for the commercial and mixed-use zones to ensure they continue to achieve the City's objectives by encouraging the types of land uses and scale of development desired. In consultation with City staff/TAC, we will determine whether any zones should be combined, eliminated, or substantially revised. MIG will prepare a matrix of development standards, with particular attention paid to crafting standards that encourage high-quality, compatible infill development. As with the Residential zones, we will draw from the adopted Commercial Design Guidelines to include design standards into the Zoning Ordinance (e.g., building entries, pedestrian access, massing, fencing/gates) and develop new standards as needed to illustrate the quality the City seeks to achieve. Chapter 3: Regulations Applicable to All Zones MIG and J&W will update provisions that address development regulations applicable to all zones, including parking and loading, landscaping, property maintenance, and operational performance standards. In particular, we will: • Consolidate landscaping requirements into a single article, revise them to meet City aesthetic objectives, and address the requirements of AB 1881 if the City has not already done so; • Update parking and loading requirements as appropriate, including parking structure standards; • Develop comprehensive and clear standards for property maintenance; and • Include performance standards for lighting, noise, and any other conditions desired. Parking MIG and J&W will update the parking standards to address any difficulties staff has had in their interpretation and/or application. In particular, we will create a parking space requirement matrix (with standards changed as needed based on best practices and in discussion with City staff), provide graphics, address sustainable parking lot design, and update the loading facilities requirements. We will also develop standards for bicycle parking and accommodations for parking of electric and other alternative fuel vehicles. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 42 Sianage The City's sign regulations are currently contained in Chapter 22 (Signs) and appear to have been updated in 2007. The Sign Ordinance will be updated to ensure consistency with any changes to the Zoning Ordinance. We have budgeted an allowance for focused revisions to the Sign Ordinance. We will discuss with the City whether the it wishes to allow LED signs, either on-site or off- site (billboards) and if so, will develop regulations accordingly. LED signs are an issue we recommend staff explore early with the Planning Commission, as this can be a controversial issue that can take up a lot of time and discussion. Sustainable Development The City may wish to incorporate sustainability principles and green building concepts into the Zoning Ordinance. This approach to planning and development has a spectrum of options depending on how "green" the City wishes to be. For this work program, we recommend a modest approach, incorporating, for example, building orientation, LEED or equivalent standards that can be addressed through zoning controls, and use of sustainable building materials. The City may consider providing incentives for green development strategies, such as increased densities or intensities or expedited application processing. Based on direction we receive during the initial outreach, we will incorporate additional sustainability principles and standards. As part of the scope refinement task, we will discuss with staff how far along the green spectrum the City wishes to go. The Cal Green Code includes provisions related to sustainability that if not currently addressed in the City's Building Code, either explicitly or by reference, can be folded into the Zoning Ordinance. As part of our discussions with the City, we will identify the best approach to addressing Cal Green Code standards. Other Standards MIG and J&W will incorporate other standards and updates to reflect current practices into Chapter 3 including fence and hedges, measurement of building height, accessory structures, outdoor storage, trash enclosures, performance standards (e.g., lighting, noise), property maintenance, trip reduction and transportation demand management and treatment alleys. Chapter 4: Special Land Use Regulations MIG and J&W will update provisions of the Ordinance that address specific uses allowed in multiple zones. We will also identify uses that staff routinely write conditions of approval for and create new regulations to codify these. At a City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 43 minimum, the MIG Team will prepare updated regulations for the following uses currently addressed in the Zoning Ordinance: • Adult Entertainment Businesses (working closely with the City Attorney) • Alcoholic Beverage Sales • D(ve-Through Businesses • Large Family Day Care • Residential Care Facilities • Service Stations • Wireless Telecommunications Facilities Chapter 5: Nonconformities We recommend establishing a new, separate chapter to address nonconformities. The new chapter will be organized to clearly distinguish between nonconforming uses, nonconforming structures, nonconforming development standards, and nonconforming lots. Also, we will discuss with staff and the City Attorney whether amortization provisions are desired for any particular uses. Chapters 6 and 7: Administrative Provisions We anticipate making fairly substantive revisions to current Chapters 25.51 through 25.55, as well as bringing into Chapter 6 the administrative provisions that may currently be scattered throughout the Zoning Ordinance, with the goals of: 1) streamlining certain development processes, 2) consolidating provisions to improve usability of the Code and ensure consistency among processes (such as a standard time period to file Appeals), and 3) updating/revising any other administrative provisions that staff has found problematic. We will include a Review Authority table (see example provided) that clearly identifies primary approval and appeal authority for each type of review and discretionary permit. At a minimum, new articles will address: Purpose and adoption of the Zoning Ordinance, applicability, responsibility and authority for its administration, interpretation procedures, and provisions addressing pipeline applications (applications deemed complete but not yet approved/disapproved that might be affected by an Ordinance amendment) Definition of the roles of each project review entity, including the Planning Department, Planning Commission, City Council, and any other pertinent bodies Administrative procedures for discretionary use permits, establishment of an administrative adjustment process, site plan review, development City at Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 44 agreements, specific plans, appeals, zoning map changes, Zoning Ordinance and general plan amendments. We also envision making the provisions for the Special Permit more robust, clearly indicating the circumstances under which the Special Permit may be requested and indicating more clearly the public benefits and trade-offs that must be attained. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 45 Example of Review Authority table Table 6-1 Applicable Role of Review Authority (1) Review Authority Code Chapter/ City Zoning Commission Council Type of Action Section Planner I Administrator Administrative and Legislative Actions Development Agreements and 10.118 Amendments Recommend Decision General Plan Amendments 10.112 Recommend Decision Interpretations 10.06 Decision (2) Appeal Appeal Specific Plans and Amendments 10.120 Recommend Decision Zoning Code Amendments 10.112 Zoning Map Amendments 10.112 Recommend Decision Recommend I Decision Planning Permits and Approvals Conditional Use Permits 10.84 Decision Appeal Home Occupation Permits 10.86 Decision (2) Appeal Appeal Minor Use Permits 10.84 Decision (2) Appeal Appeal Minor Variances 10.98 Decision (2) Appeal Appeal Planned Development Permits 10.88 Decision Appeal Reasonable Accommodations 10.90 Decision (2) Appeal Appeal Sign Permits 10.34 Decision (2) Appeal Appeal Site Plan and Design Review (See Table 6-2 for specified thresholds.) 10.94 Decision (2) Decision/ Appeal Appeal Temporary Use Permits 10.96 Decision (2) (3) Appeal Variances 10.98 Decision Appeal Zoning Clearances 10.100 Decision Appeal Appeal Notes: (1) 'Recommend" means that the review authority makes a recommendation to a higher decision making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision making body, in compliance with Chapter 10.114 (Appeals). (2) The City Planner or Zoning Administrator may choose to refer the application to the Commission for review and final decision, as authorized by this Zoning Code. (3) The City Manager shall serve as the first line of appeal for Temporary Use Permits in compliance with Subsection 10.96.080 D. (City Manager to Act as Appeal Review Authority). The decision of the City Manager is appealable to the Council. Chapter 8: Definitions MIG and AW will move the Definitions to be the last Chapter of the Ordinance, and will comprehensively update these provisions to reflect changes made to other parts of the Ordinance, ensure consistency with state and federal laws, include illustrations of key terms, and consolidate and standardize all definitions that may now be found throughout the Ordinance. We will provide a definition City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 46 for each allowed land use specified in Chapter 2 (Zoning District Provisions) and for the codified Specific Plans. City staff will provide the consultant team one version of the Administrative Draft that contains all staff mark-ups and comments, preferably using Word's track changes tool. Task 7.4: Prepare Preliminary Draft Zoning Ordinance This task will include revisions to the Administrative Draft Zoning Code Ordinance based on Planning staff/TAC input, the creation of a detailed table of contents, and the addition of graphics and illustrations. Graphics will be used throughout the updated Ordinance wherever they may assist users in visualizing the meaning and applicability of standards, or otherwise improve understanding or ease of use. Following staff review of the Preliminary Draft, the MIG Team will meet with staff to review comments. City staff will provide the consultant team one version of the preliminary draft Zoning Ordinance that contains all of staff's mark-ups and comments using Word's track -changes function. City staff will provide the consultant team one version of the Preliminary Draft that contains all staff mark-ups and comments, preferably using Word's track changes tool. Task 7.5: Prepare Public Review Draft Zoning Ordinance MIG and J&W will prepare the Public Review Draft Zoning Ordinance to incorporate final staff comments on the Preliminary Draft. This is the version that will be available for the Planning Commission workshops. City staff will review the Public Draft and provide a consolidated set of staff mark- ups comments. Task 7.6: Public Workshops with the Planning Commission Prior to formal public hearings on the Draft Zoning Ordinance, we propose to conduct a series of workshops with the Planning Commission, to which the public will be specifically invited to attend and participate. These will be informal sessions that will allow the consultant team and City staff to present the draft Ordinance and Zoning Map to policy makers and the public, to highlight key revisions and new provisions, to discuss mixed-use provisions in a focused manner, to describe development review processes, and otherwise review City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 47 important sections of the updated Ordinance. We find this approach to be very helpful for the subsequent public hearing process. During the workshops, the Commission and public can identify any issues they may have with draft Ordinance provisions, and the staff/consultant team can prepare responses/options to bring back to the Planning Commission as part of the formal public hearing process. Up to 20 workshops will be held throughout the course of the program. Several of these will be allocated to the Zoning Ordinance component. The topics and structure will be determined in consultation with City staff. MIG and J&W will be responsible for preparing all workshop materials, including "white papers" to guide the review process. We will meet with staff prior to each workshop or series of workshops to coordinate presentation of the materials. City staff will be responsible for securing workshop locations, printing and mailing announcements, and providing food. Task 7.7: Zoning Map and Related Public Outreach The City will need to prepare an updated Zoning Map that reflects any new zoning districts and achieves consistency with the General Plan land use policy map. This map will need to be part of the public hearing process for the Zoning Ordinance. In additional to creating the updated map, the City may need to individually notify any property owners of proposed zone changes (unless more than 1,000 properties are affected, then a general notice will suffice). Consistency Analysis Our work scope assumes that the City will provide our team with the current GIS file of the Zoning Map. We will use this and the General Plan land use policy map GIS file created during the MIG the General Plan Update to conduct a consistency analysis and identify where rezoning will need to be accomplished. The consistency review process we will use involves: • Creating a General Plan land use/zoning consistency matrix for staff review. Preparing a map based on the consistency matrix, showing where properties need to be rezoned because (1) the underlying land use designation has changed, (2) a new land use/zone has been created, or (3) the old zone no longer exists as a result of the comprehensive update; and Working with City staff to identify the appropriate new zones for affected properties. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 48 Focused Outreach for Rezoning We recommend focused outreach to property owners likely to be affected by re -zoning. Our experience has shown that the public hearing process can be eased when we directly address the concerns of property owners whose properties will be rezoned to achieve General Plan consistency and/or reflect changes in the updated Zoning Ordinance (for example, renaming or elimination of zones). Many properties may be rezoned as a result of the update to the Zoning Map, and affected property owners may need to be individually noticed in this regard. State law requires individual notice if fewer than 1,000 properties are affected; if 1,000 or more will be changed, then public notice can be limited to an eighth -page newspaper notice. However, many cities elect to provide individual notices in any case. In any event, to help affected property owners understand the reasons for the rezoning and its effects, MIG will prepare an informational newsletter that can be produced in a relatively inexpensive black - and -white format and mailed to affected owners, as well as posted on the City's website. We also recommend conducting one or more of the Planning Commission workshops as a focused rezoning public workshop to answer questions that property owners may have regarding proposed rezoning. The newsletter can also serve as a workshop notice. We have found that many property owners, after they have read the newsletter and/or contacted City staff with questions, are satisfied with the proposals. However, the workshop provides a good forum to allow property owners to review maps and ask questions in a public forum. The City will be responsible for newsletter reproduction costs and mailing/distribution, and responsible for securing workshop locations, printing and mailing announcements, and providing food. Task 7.8: CEQA Documentation The EIR prepared for the General Plan update will address the Zoning Ordinance update; thus, separate CEQA documentation will not be required other than requiring the decision-making bodies to adopt a consistency finding. City staff will be responsible for reviewing draft documents. Task 7.9: Public Review and Adoption City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 49 MIG and J&W will attend two Planning Commission hearings and two City Council hearings to support Zoning Ordinance adoption. We are available to attend additional hearings on a reimbursable basis. City staff will be responsible for preparing the formal staff reports for these hearings. Task 7.10: Final Zoning Ordinance and Zoning Map After the final City Council hearing on the updated Zoning Ordinance and before its effective date, we will prepare a final version to incorporate all changes made by the City Council. We will provide a screencheck version so that City staff can verify that the document accurately incorporates all changes approved by the City Council (including changes recommended by the Planning Commission and accepted by the Council) during the adoption process. Because we cannot anticipate the scope of changes to be directed by the City Council, our budget includes a specific allowance for this task. Any work required beyond this allowance will be billed on a time -and -materials basis with prior authorization from the City. We will prepare the final Zoning Ordinance for delivery to the City for codification and publication. Based on final City Council direction during the hearings, we will make revisions to the Zoning Map. City staff will be responsible for reviewing the final Zoning Ordinance. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 50 Optional Tasks Below are a series of optional tasks that the City may consider incorporating into the Zoning Ordinance work program. Task 0.1: Searchable Online Zoning Ordinance If desired by the City—and if the City intends to adopt the Zoning Ordinance separate from the Municipal Code—we can prepare and deliver a complete hypertext version of the updated Zoning Ordinance for the City website home page. This version would contain all text, charts, graphics, and illustrations included in the printed document. The functional details of the Online Zoning Ordinance and the appearance of its user interface would be worked out through discussions with City staff; however, the following describes our recommended approach. (Our caution: If the City publishes Title 25 through its Municipal Code publisher as the official Zoning Ordinance, the online hypertext version will always need to be revised in tandem with the official published version. This creates a situation that could arise regarding possible inconsistencies between the two documents. The way to avoid this is to not publish Title 25 with the balance of the Municipal Code, and to have the City maintain the official version. Planning staff will need to discuss with the City Clerk whether this approach is acceptable. We will work out details with the City as part of the scope refinement process.) If the Zoning Ordinance is published online separate from the Municipal Code, a user accessing the City's website would find a scrollable hypertext table of contents showing titles of all chapters. Any selection would jump to the applicable page. Each page would be scrollable (pages larger than the computer screen frame can be shifted up or down to allow viewing of all parts of the page). "Forward" and "Back" buttons on the web browser software toolbar at the top of the screen would allow moving from page to page. Additional functions would allow printing individual or groups of pages, saving one or more pages to a text file, marking a page or section for future reference, and accessing a key word search of the entire Code. The website Zoning Ordinance would be produced in two tasks. A "proof of concept" version consisting of the user interface, search, and other facilities with a demonstration portion of the data would be produced for City staff review. A final, complete version of the website would be produced after City Council adoption of the final document. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 51 We would assist with the installation of a test version of the software in the Department (or on the consultant's website) and instruct City staff on its use. Based on City staff feedback from use of the test version, we would prepare final versions of the software and conduct workshops for staff on the installation and use of the system. We would remain available to answer City staff questions and correct any problems with the software for a period of one year at no additional cost to the City. 0.2: Updated Design Guidelines As part of the scoped and budgeted work program, MIG intends to incorporate good design principles and standards into the provisions for each zone category (single-family residential, multifamily residential, commercial, and industrial), with graphics and illustrations showing what the City looks to achieve. More detailed, highly illustrative design guidelines that build on the existing City documents can be prepared as an optional task. MIG has an in-house team of talented urban designers who are well qualified to complete design guidelines for the many areas described above. We envision creating a complete Design Guidelines manual to address all areas, with separate chapters focusing on discrete districts or development types. Because the work program can vary widely depending upon the City's expectations and the level of community engagement undertaken, we have provided a budget range in our cost proposal. If the City elects to pursue this optional task, the scope and cost will be determined during the initial scope refinement process. 0.3: Interactive Zoning Map MIG can prepare an interactive Zoning Map that allows members of the public to find out a range of information—and foremost the zoning of a property—using a property address or Assessor's Parcel Number (APN). We would develop an application using an Arc Explorer map project that will enable staff and the public to navigate and conduct basic queries of the GIS data created during the update program. We would deliver a stand-alone Arc Explorer Map application package preconfigured with Burlingame's parcel -level GIS data. This application package would be preconfigured to run directly from a CD-ROM or could be installed on a computer. Task 7 Deliverables: • Diagnosis of Zoning Ordinance • Annotated Outline of updated Zoning Ordinance • Sample format and style sheet and chapter format • Administrative Draft Zoning Ordinance (Word/PDF/5 printed copies) City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 52 We would assist with the installation of a test version of the software in the Department (or on the consultant's website) and instruct City staff on its use. Based on City staff feedback from use of the test version, we would prepare final versions of the software and conduct workshops for staff on the installation and use of the system. We would remain available to answer City staff questions and correct any problems with the software for a period of one year at no additional cost to the City. 0.2: Updated Design Guidelines As part of the scoped and budgeted work program, MIG intends to incorporate good design principles and standards into the provisions for each zone category (single-family residential, multifamily residential, commercial, and industrial), with graphics and illustrations showing what the City looks to achieve. More detailed, highly illustrative design guidelines that build on the existing City documents can be prepared as an optional task. MIG has an in-house team of talented urban designers who are well qualified to complete design guidelines for the many areas described above. We envision creating a complete Design Guidelines manual to address all areas, with separate chapters focusing on discrete districts or development types. Because the work program can vary widely depending upon the City's expectations and the level of community engagement undertaken, we have provided a budget range in our cost proposal. If the City elects to pursue this optional task, the scope and cost will be determined during the initial scope refinement process. 0.3: Interactive Zoning Map MIG can prepare an interactive Zoning Map that allows members of the public to find out a range of information—and foremost the zoning of a property—using a property address or Assessor's Parcel Number (APN). We would develop an application using an Arc Explorer map project that will enable staff and the public to navigate and conduct basic queries of the GIS data created during the update program. We would deliver a stand-alone Arc Explorer Map application package preconfigured with Burlingame's parcel -level GIS data. This application package would be preconfigured to run directly from a CD-ROM or could be installed on a computer. Task 7 Deliverables: • Diagnosis of Zoning Ordinance • Annotated Outline of updated Zoning Ordinance • Sample format and style sheet and chapter format • Administrative Draft Zoning Ordinance (Word/PDF/5 printed copies) City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 52 • Preliminary Draft Zoning Ordinance (Word/PDF/5 printed copies) • Public Review Draft Zoning Ordinance (Word/PDF/15 printed copies) • Workshop Materials (Word/PPT/PDF/printed copies) • Consistency Matrix (Excel) • Consistency Map (GIS/Illustrator/PDF) • Administrative Draft and Final Rezoning Newsletter (InDesign/PDF/printed copies to be determined) • Hearing presentation materials (PowerPoint/PDF) • Screencheck Final Zoning Code (PDF) • Final Zoning Code (master reproducible; Word/PDF) • GIS files of Final Zoning Map (GIS/PDF) • Searchable Online Zoning Ordinance (Optional Task) • Updated Design Guidelines (Optional Task) • Interactive Zoning Map (Optional Task) Phase 8: Specific Plan Technical Updates 8.1: Administrative Draft Specific Plan Updates Based upon the updates to the General Plan and the Zoning Ordinance, MIG will prepare focused, technical updates to the North Burlingame/Rollins Road, Downtown, and Bayfront specific plans to ensure consistency. These updates will be included within the current Word or InDesign files of the Specific Plans. It is assumed that MIG will be making text edits to these documents, and that any new graphic edits would be an out of scope item. MIG will submit Administrative Drafts of each updated specific plan to City staff for review. City staff will provide the consultant team one version of the administrative draft that contains all staff mark-ups and comments, preferably using Word's track changes tool. 8.2: Public Draft Specific Plans Based upon City staff comments, MIG will prepare Public Drafts of each Specific Plan within their original Word or InDesign files. It is assumed that the specific plan updates will not require additional CEQA analysis, but instead they will rely on the EIR prepared for the General Plan. City staff will coordinate with MIG on final edits and refinements to the specific plans. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 53 Phase 8 Deliverables: Administrative Draft Specific Plans (Word/InDesign/PDF) Public Draft Specific Plans (Word/InDesign/PDF/printed copies to be determined) Phase 9: Ongoing Coordination and Management The Project Management Team, in close coordination with City staff, will be responsible for managing the General Plan Amendment process in order to keep the project on schedule and budget. This phase includes internal and external project coordination and management activities, including weekly calls, quarterly meetings, and coordination with other public agencies and community organizations. This phase also includes internal coordination and management between the City and the MIG Team. The MIG Team will also work with three groups - the Technical Advisory Committee, Community Advisory Committee and Planning Commission Sub - Committee to review draft work products, discuss emerging concepts and strategies, and confirm and expand upon community input. Task 9.1: Coordination Calls and Meetings The Project Management Team and Topic Area Leaders will attend weekly conference calls with City staff to coordinate on the project, discuss draft ideas or work products, and schedule near term items or data needs. Laura Stetson and/or Dan Amsden will attend each of these calls. Other team members will be included in calls related to their tasks or work products as needed. As such, the budget assumes a reasonable level of involvement for all team members during the duration of the project. City staff will be responsible for reviewing draft agendas and participating in calls. Task 9.2: City Technical Advisory Committee Meetings (10) As noted above in Phase 7, MIG recommends the City convene a Technical Advisory Committee, or TAC, to consult and advise the project team during the development of the General Plan Update and Zoning Ordinance. The TAC would consist of City staff from Community Development, Engineering, Parks and Recreation, Public Works and other departments with a vested interest in this City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 54 project. Staff from other partner agencies may be invited to participate on the TAC as well. MIG will consult with City staff to develop the TAC roster. The TAC will be convened up to 10 times during the course of the project schedule, to review draft work products, advise on policy and plan development and help staff prepare for public meetings, workshops and hearings. City staff will be responsible for finalizing the list of TAC members and inviting them to participate. For regular meetings, the City will secure meeting locations and provide materials. Task 9.3: Community Advisory Committee Meetings (20) The MIG Team will plan and facilitate up to 20 meetings of a Community Advisory Committee, or CAC, that will represent a range of community interests to advise the project team during the development of the General Plan Update and Zoning Ordinance. Members may include representatives from neighborhood associations, business groups, transportation and housing advocacy groups, environmental organizations as well as residents representing a range of perspectives, including youth and seniors. MIG will consult with City staff to develop the CAC roster. MIG will plan, facilitate and briefly summarize each CAC meeting to inform the work of the project team. The CAC will be active participants in the planning process at each stage, from visioning through adoption, and will serve as liaisons to their constituent groups, inviting input into the process and encouraging community participation in public events, community workshops and online surveys. All CAC meetings will be open to the public and may include public comment periods. City staff will be responsible for finalizing the list of CAC members and inviting them to participate. For regular meetings, the City will secure meeting locations and provide materials and refreshments. Task 9.4: Planning Commission Sub -committee Meetings (10) A sub -committee of the Planning Commission will be convened to work closely with the project team during the General Plan and Zoning Ordinance updates. This group will advise the project team and provide informational updates to the Planning Commission. MIG will plan, facilitate and briefly summarize each meeting to inform the work of the project team. City staff will be responsible for meeting locations and provide materials and refreshments. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 55 Task 9.5: Other Agency and Community Group Coordination The MIG Team will coordinate with other public agencies throughout the General Plan and Zoning Ordinance Update processes. This task includes up to five meetings with other agencies during the course of the project, and ongoing phone and email coordination. This task will allow MIG to have flexible and timely engagement with key groups that may have specific issues or require in-depth conversations with the project team. These meetings will help keep other community workshops focused and ensure the project remains on topic and schedule. City staff will be responsible for assisting MIG with any meeting logistics. Task 9.6: Project Management MIG will have a lead role managing the process to ensure the project remains on budget and schedule. This task accounts for MIG's project management and coordination (emails, calls, data transfers, etc.) with both City staff and the subconsultant team. City staff will be responsible for regular communication with the MIG project management team. Phase 9 Deliverables: • Weekly Project Management Calls • As -needed phone and email communication and in-person staff meetings • TAC Meeting Materials and Summaries (Word/PDF/hard copies) • CAC Meeting Materials and Summaries (Word/PDF/hard copies) • Planning Commission Sub -Committee Materials and Summaries (Word/PDF/hard copies) • Meetings with Community Groups and Agencies • Monthly invoices, budget and progress reports (PDF) Process Schedule The MIG Team believes that the phases and tasks outlined in our work program can be completed within the 24 month timeframe envisioned by the City for General Plan adoption (and 30 month to complete all tasks, including the Zoning Ordinance Update and technical updates to the Specific Plans). To illustrate how we would schedule the project, we have prepared the following detailed Process Schedule graphic that outlines our proposed approach in detail. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 56 Budget The attached budget presents the MIG Team's estimate of costs for the General Plan and Zoning Ordinance update project. As for all of our projects, we anticipate working closely with the City of Burlingame to revise and tailor the work program and budget to ensure that they reflect Burlingame's needs, resources and goals. City of Burlingame Updated December 18, 2014 General Plan and Zoning Ordinance Update Work Program 57 a;epoll aOueucpdo JuiuoZ pue ueld ledauao aun:aulldng V LOZ'e L H3ONAD30 ov LLOZ Ain£ HOOOLHI SLOZ AHvnNvr:SHINOW iinaIHDS IDIM id sfiupaaW 3uauwfieueW l.atmd 9'6 aau e avi'w ]VI']tl p w d uonew pw., uo4ez!uefi+O Ayunwwa,/.( ua6tl+a4}O 5"6 �_ ys� Tr L) s6 4ry (0 6n aaW aaiilwwo, Aos!nPtl A!fiaww.lJ £'6 (oz), _ .. .... ... .. .. .... ... .... .. 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Floribunda Avenue/EI Camino Real Intersection Safety Project — DEIR The following is a summary of the comments and question brought up at the Special Traffic Safety and Parking Commission meeting on Thursday, October 23, 2014. Public Comments: Jennifer Pfaff: 1) All trees contribute to the overall feel of the canopy along EI Camino Real, not just the trees on the National Register. Pat Giorni: 1) Project is significantly reduced from previous versions. 2) Concerns regarding no tree replacement within 200' of intersection. 3) City has previously requested 25 MPH along ECR north of Floribunda. 4) Trees along ECR act has unofficial pedestrian safety barriers. Michael Wiebraght: 1) Significant visual impacts due to tree removal. 2) Tree removal will have impact on nearby residences. 3) Quantitative data used in all the operational analysis? Why not in the Appendix? 4) Modeling data and assumptions used? Appendix? 5) Why does State's (TASAS) accident data differ from Burlingame Police's data? 6) Provide detailed explanation of "every attempt to replace trees". Provide process and locations of tree replacement. 7) What is the highest accident rate in the State? How does ECR/Floribunda compare? 8) Re-issue/extend, and re -notice 45 -day noticing period. 9) Concerns that Caltrans will go directly to "Build" scenario. 10) Project possibly addressing a problem that no longer exists. 11) What is ultimate plan for entire ECR Corridor, especially if ECR/Floribunda is not the primary collision location? 12) Has Caltrans considered a NB left -turn at Bellevue? 13) Has Caltrans considered a signal at Bellevue to provide gaps? 14) DEIR fundamentally flawed because report states tree analysis was done, but without a link/citation to the Visual Impact Report. 15)Try low impact/cost alternatives first, before going forward with "Build" alternative. 16) How does this project fit into the overall plan of the Grand Boulevard Initiative? 17) Will all crosswalks be restored? Or, will the pork -chop island remain? 18) What is the delay when using protected -left turns? 19) Does this proposed project's funding allow for improvements to adjacent intersection which may be impacted by the proposed changes to ECR/Floribunda? 20) If the DEIR is certified, who certifies it? 6. ADJOURNMENT 8:50 p.m. 11 c�Ty �9poa� TRAFFIC, SAFETY AND PARKING COMMISSION Approved Minutes Regular Meeting of Thursday, October 9, 2014 1. CALL TO ORDER. 7:06 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. 3. ROLL CALL. MEMBER PRESENT: MEMBERS ABSENT: Wettan, Akers, Martos Noworolski, Londer 4. APPROVAL OF MINUTES a) Motion: To accept the minutes of September 11, 2014 as submitted. M/S/C: Akers/Martos; 3/0/0 5. PUBLIC COMMENTS — NON -AGENDA Joe Kavalaris commented that the radar signs on Floribunda Avenue were only functioning during daylight hours. He also asked about an update on if Council was supportive of making Floribunda Avenue a one-way street. Mr. Kavakaris said that he also wanted to see crosswalks on Floribunda Avenue. Manito Velasco distributed copies of a staff report accepting a resurfacing project done one year ago which should have included a northbound bike lane on California Drive. He stated that this bike lane was never installed and h& -found it to be very disappointing. Mr. Velasco said that he felt the sharrows and speed radar on California Drive were no longer effective. 6. DISCUSSION/STUDY ITEMS a. Floribunda Avenue/EI Camino Real Area Traffic Safety, Pedestrians & Crosswalks) Mr. Chou presented a staff report which recommended that the Commission hold a public discussion regarding possible traffic circulation and safety mitigations to address concerns in the vicinity of Floribunda/EI Camino Real intersection. He said that it was anticipated that 1 Caltrans would release the Draft EIR tomorrow afternoon (October 10, 2014) and hold an open -house public event on November 13, 2014. He added that Caltrans would continue to accept public comments for the DEIR until November 30, 2014. Mr. Chou reported that staff was preparing a staff report and presentation to seek Council direction at the November 3, 2014 Council meeting. A discussion occurred about the need for accident data to be complete as Floribunda Avenue & EI Camino Real did not seem to be at the top of the accident history list. The Commission mentioned possible options such as split -phasing the signal for EI Camino Real north and south, making Floribunda Avenue a one-way street, or implementing No Left -Turn restrictions on EI Camino Real. Chair Wettan opened the floor for public comment. Jennifer Pfaff noted that the Caltrans public meeting was the same date as the next TSPC meeting. Ms. Pfaff recalled that over the initial study period of ten years, Caltrans looked at had over 100 accidents at this intersection, which translated into roughly 2/3 turning into Hillsborough and 1/3 turning in Burlingame. Manito Velasco stated that he had previously forwarded a project study report which referenced a three year period from 2006-2008, showing 35 collisions at an average of 12 per year. Mr. Velasco said there had been some improvements made by Caltrans at this intersection and suggested that the City look at trends. The Commission agreed that they needed a more complete accident data set to be able to better weigh in on the issues with this intersection. The Commission went on to discuss the timeliness of this discussion, possible Council direction at their November 3rd meeting, and the Caltrans public comment period. Motion: To hold a Special Meeting on October 23, 2014 to focus on the EI Camino Real & Floribunda Avenue intersection and review the Caltrans Draft EIR. M/S/C: Wettan/Akers; 3/0/0 7. ACTION ITEMS a) Traffic & Safety Brochures (Bicycle -Vehicles, Neighborhood Traffic Safety, Pedestrians & Crosswalks). Mr. Chou presented the Bicycle -Vehicles, Neighborhood Traffic Safety and the Pedestrian & Crosswalks brochures. Chair Wettan called a ten minute recess to allow the Commissioners an opportunity to 2 review the brochures and then resumed at 8:50 p.m. (Commission recessed at 8:40 p.m. and resumed at 8:50 p.m.) Motion: To adopt the drafts of the Bicycle -Vehicles, Neighborhood Traffic Safety and the Pedestrian & Crosswalks brochures with concurrence on the comments regarding driving below the posted speed limit as opposed to recommending people to schedule their time and that this adoption is not a barrier to update or revise these brochures going forward. M/S/C: Akers/Martos; 3/0/0 8. INFORMATION ITEMS a) Engineering Division Reports Mr. Wong presented a staff report which gave status updates on various Public Works — Engineering project and activities. o Floribunda Traffic Calming review - Driver feedback signs active along Floribunda as well as on Cypress. o Burlingame Avenue Streetscape Project - Mostly complete. Completing punch list items. The Ribbon Cutting Ceremony will be held November e. "Free Friday" parking will terminate after November 6`" and this information will be distributed via eNews and through DBID. o Linden/Larkspur Intersection Temporary Traffic Circle - Finalizing contractor contract. Work to be completed by end of October. o ECR/Ray/Rosedale - Staff has met with Caltrans. Reviewing countdown pedestrian signals, as well as driver feedback signs on Ray and Rosedale. The Commission would like to see this on a future agenda to see if the City budget can support another crossing guard. o 2014 Street Resurfacing Program - Project underway, subdrain and concrete work completed. Repaving operations have started (Rivera, Hunt, Granada, Toledo, Rio). Project completion was anticipated for end of October. o HowardNictoria Traffic Concerns - Data collection work -for stop sign warrant analysis still pending. Crosswalks installed on Howard at Bloomfield, Howard and Channing, and Channing at Bayswater. o Floribunda/EI Camino Real Intersection Update - Staff to respond after Caltrans' Draft Environmental Impact Report document (DEIR) has been released. 3 o Carolan Complete Street Proiect — Consultant team Kimley-Horn under contract, with next steps to setup public outreach meetings. o US 101/Broadway - Demolition and clearing & grubbing operations have begun. Major construction scheduled for spring 2015. o Broadway Grade Separation PSR - Design consultant URS Corporation selected and preparing for a project "kick-off' meeting. b) Police Department Reports Sergeant Kiely reported that a new grant cycle started this month. A checkpoint will occur on October 24th followed by DUI enforcement on October 25th Selective enforcement has been occurring at Arguello and Martinez Drives due to parents speeding down the hill to get to school; and, selective enforcement continues on EI Camino Real by the Mills -Peninsula Hospital. 9. COMMISSION & COMMITTEE REPORTS a) Burlingame Bicycle/Pedestrian Advisory Committee (B/PAC) B/PAC did not meet this month and there was no report. b) Traffic & Safety Brochures Sub -committee Mr. Chou said that he would be providing the next three brochures for the Commissioners to review and mark up. Mr. Chou asked that they are returned to him by October 30th so that he can then redistribute with revisions. c) Downtown Parking Strategy Sub -committee Mr. Chou presented a slightly revised parking lot way -finding sign to be used. He also reported that staff was going to Council on October 20th with a staff report to reduce the parking rate for Parking Lot H from $3 per day to $1 per day. He added that the City's parking lot maps have been updated and a larger version would also be placed at pay station lots. Mr. Chou stated that the sub -committee also discussed way -finding signs and having them placed with specific "entry points" to Burlingame Avenue. Finally, the sub -committee discussed how to move forward regarding employee parking and modifying the business permit system. Il 10. FUTURE AGENDA ITEMS Commissioner Martos requested any Hoover School updates for future meetings. Chair Wettan requested discussion of commuter paths to the Millbrae transit hub for future meetings. 11. ADJOURNMENT 9:33 p.m.