HomeMy WebLinkAboutReso - CC - 008-2017RESOLUTION NO. 8-2017
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING APPLICATIONS FOR DESIGN REVIEW AND VESTING TENTATIVE
SUBDIVISION MAP FOR A NEW AUTOMOBILE SERVICE FACILITY AT AN
EXISTING AUTOMOBILE DEALERSHIP ON PROPERTY LOCATED AT 85
CALIFORNIA DRIVE
RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT:
WHEREAS, on April 9, 2015, Kent Putnam, representing 1063 Bayswater LLC, filed an
application with the City of Burlingame Community Development Department — Planning
Division requesting approval of the following requests:
• General Plan Amendment to change the land use designation of a portion of the site
from R-4 Incentive District to California Drive Mixed Use District;
• Rezoning of a portion of a site from R-4 (high density multifamily residential) to CAR
(California Drive Auto Row);
• Commercial Design Review for a new automobile service facility at an existing
automobile dealership;
• Vesting Tentative Subdivision Map to combine four existing parcels and portions of a
fifth and sixth parcel into one parcel; and
WHEREAS, on February 22, 2016 the Planning Commission conducted a duly noticed
public hearing (environmental scoping session and design review study meeting) to review
development of a new automobile service facility at an existing automobile dealership and to
identify subjects to be analyzed in the project Mitigated Negative Declaration/Initial Study
(MND/IS). At that time direction was provided to the applicant regarding issues to be addressed
in the project MND/IS; and
WHEREAS, an MND/IS was prepared to analyze project impacts; said MND/IS was
circulated for public review and comment commencing on November 23, 2016 and concluding
on December 12, 2016; and
WHEREAS, on December 12, 2016 the Planning Commission conducted a duly noticed
public hearing and voted 7-0-0-0 to recommend approval of the applicant's requests for Design
Review and Vesting Tentative Subdivision Map; and
WHEREAS, on January 3, 2017, the City Council conducted a duly noticed public
hearing to consider all project entitlements, at which time it reviewed and considered the staff
report and all other written materials and oral testimony presented at said hearing; and
WHEREAS, as a result of the oral and written testimony presented at the January 3,
2017 public hearing, as well as the analysis in the staff report, the City Council hereby makes
the following findings relative to each aspect of the project application:
1
RESOLUTION NO. 8-2017
Commercial Desian Review Findinas
• The proposed project is compatible with the City's commercial design review criteria in
that the proposal consisting of prefinished horizontal metal and aluminum composite
panel siding, painted steel and aluminum trim, and an aluminum anodized storefront
system is consistent with the pattern of diverse architectural styles that characterize the
city's auto -row commercial area, and is consistent with the architectural style, mass, and
bulk of the existing showroom building; that the proposal is consistent with the design
guidelines established in Chapter 5 of the Downtown Specific Plan (Design &
Character); and that 879 SF of new landscaping in the ground and six new street trees
along California Drive and Bayswater Avenue will be planted to enrich the existing
commercial neighborhood.
Vesting Tentative Subdivision Map Findings:
• The proposed vesting tentative subdivision map, together with the provisions for its
design and improvement, is consistent with the Burlingame General Plan and consistent
with the provisions of the Subdivision Map Act; that the site is physically suited for the
proposed type and density of development in that the proposed Vesting Tentative
Subdivision Map, together with the provisions for its design and improvement, is
consistent with the Burlingame General Plan and consistent with the provisions of the
Subdivision Map Act; that the site is physically suited for the proposed type of
development in that it provides an automobile service facility use in an area identified as
suitable for such use in the Burlingame General Plan; that the project provides ample
vehicular and pedestrian circulation to serve the project, and is consistent with required
development standards including setbacks, lot coverage and building height.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Burlingame,
that the applications for Design Review and Vesting Tentative Subdivision Map are hereby
granted, subject to the following conditions:
1. that the project shall be built as shown on the plans submitted to the Planning Division
date stamped December 5, 2016, sheets A.001 through A.611 and C1.0 through C3.0;
2. that prior to issuance of a building permit for construction of the project, the project
construction plans shall be modified to include a cover sheet listing all conditions of
approval adopted by the Planning Commission or City Council which shall remain a part
of all sets of approved plans throughout the construction process. Compliance with all
conditions of approval is required; the conditions of approval shall not be modified or
changed without the approval of the Planning Commission, or City Council;
3. that any changes to the size or envelope of building, which would include changing or
adding exterior walls or parapet walls, shall require an amendment to this permit;
2
RESOLUTION NO. 8-2017
4. that any changes to building materials, exterior finishes, windows, architectural features,
roof height or pitch, and amount or type of hardscape materials shall be subject to
Planning Division or Planning Commission review (FYI or amendment to be determined
by Planning staff);
5. that the maximum elevation at the top of the roof parapet shall not exceed elevation
55.70' for a maximum height of 25'-11/2', and that the top of each floor and final roof ridge
shall be surveyed and approved by the City Engineer as the framing proceeds and prior
to final framing and roofing inspections. Should any framing exceed the stated elevation
at any point it shall be removed or adjusted so that the final height of the structure with
roof shall not exceed the maximum height shown on the approved plans;
6. that the conditions of the Building Division's December 29, 2015 and April 14, 2015
memos, the Park's Division's January 5, 2016 and April 17, 2015 memos, the
Engineering Division's January 8, 2016 and April 14, 2015 memos, the Fire Division's
April 13, 2015 memo, and the Stormwater Division's February 15, 2016 and April 22,
2015 memos shall be met;
7. that the on-site parking spaces shall be used only by the visitors and employees of the
automobile showroom and service facility on this site and shall not be leased or rented
for storage of automobiles or goods either by individuals or businesses not on this site or
by other businesses for off-site parking;
8. that prior to issuance of a building permit for the project, the applicant shall pay the first
half of the public facilities impact fee in the amount of $8,749.29, made payable to the
City of Burlingame and submitted to the Planning Division;
9. that prior to scheduling the final framing inspection, the applicant shall pay the second
half of the public facilities impact fee in the amount of $8,749.29, made payable to the
City of Burlingame and submitted to the Planning Division;
10. that the project shall comply with the Construction and Demolition Debris Recycling
Ordinance which requires affected demolition, new construction and alteration projects
to submit a Waste Reduction plan and meet recycling requirements; any partial or full
demolition of a structure, interior or exterior, shall require a demolition permit;
11. that demolition or removal of the existing structures and any grading or earth moving on
the site shall not occur until a building permit has been issued and such site work shall
be required to comply with all the regulations of the Bay Area Air Quality Management
District;
12. that during construction, the applicant shall provide fencing (with a fabric screen or
mesh) around the project site to ensure that all construction equipment, materials and
debris is kept on site;
13. that storage of construction materials and equipment on the street or in the public right-
of-way shall be prohibited;
14. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water
Management and Discharge Control Ordinance;
3
RESOLUTION NO. 8-2017
15. that the project shall meet all the requirements of the California Building and Uniform
Fire Codes, in effect at the time of submittal, as amended by the City of Burlingame;
The following four (4) conditions shall be met during the Building Inspection process
prior to the inspections noted in each condition:
16. that prior to scheduling the foundation inspection, a licensed surveyor shall locate the
property corners, set the building footprint and certify the first floor elevation of the new
structure(s) based on the elevation at the top of the form boards per the approved plans;
this survey shall be accepted by the City Engineer;
17. that prior to scheduling the framing inspection, the project architect, engineer or other
licensed professional shall provide architectural certification that the architectural details
such as window locations and bays are built as shown on the approved plans; if there is
no licensed professional involved in the project, the property owner or contractor shall
provide the certification under penalty of perjury. Certifications shall be submitted to the
Building Division;
18. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the
height of the roof parapet and provide certification of that height to the Building Division;
19. that prior to final inspection, Planning Division staff will inspect and note compliance of
the architectural details (trim materials, window type, etc.) to verify that the project has
been built according to the approved Planning and Building plans;
Mitigation Measures from Initial Study
Aesthetics
20. The project developer shall install low -profile, low -intensity lighting directed downward to
minimize light and glare. Exterior lighting shall be low mounted, downward casting, and
shielded. In general, the light footprint shall not extend beyond the periphery of each
property. Implementation of exterior lighting fixtures on all buildings shall also comply
with the standard California Building Code (Title 24, Building Energy Efficiency
Standards) to reduce the lateral spreading of light to surrounding uses, consistent with
Burlingame Municipal Code Section 18.16.030 that requires that all new exterior lighting
for commercial developments be designed and located so that the cone of light and/or
glare from the light element is kept entirely on the property or below the top of any fence,
edge or wall.
Air Quality
21. The contractor shall implement the following BMPs:
1) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shall be watered two times per day.
2) All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
4
RESOLUTION NO. 8-2017
3) All visible mud or dirt tracked onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
4) All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).
5) All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
6) Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations (CCR)). Clear signage shall be provided for construction workers at all
access points.
7) All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
8) Post a publicly visible sign with the telephone number and person to contact at the
Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District's phone number shall also be
visible to ensure compliance with applicable regulations.
22. All diesel -powered off-road equipment larger than 25 horsepower and operating on the
site for more than two continuous days shall, at a minimum, meet U.S. EPA particulate
matter emissions standards for Tier 4 engines or equivalent.
23. If construction activities would commence anytime during the nesting/breeding season of
native bird species potentially nesting near the site (typically February through August in
the project region), a pre -construction survey for nesting birds shall be conducted by a
qualified biologist within two weeks of the commencement of construction activities.
If active nests are found in areas that could be directly affected or are within 150 feet of
construction and would be subject to prolonged construction -related noise, a no -
disturbance buffer zone shall be created around active nests during the breeding season
or until a qualified biologist determines that all young have fledged. The size of the buffer
zones and types of construction activities restricted within them will be determined by
taking into account factors such as the following:
• Noise and human disturbance levels at the construction site at the time of the survey
and the noise and disturbance expected during the construction activity;
• Distance and amount of vegetation or other screening between the construction site
and the nest; and
0 Sensitivity of individual nesting species and behaviors of the nesting birds
RESOLUTION NO. 8-2017
Biological Resources
24. Prior to the removal of any trees, the project applicant shall evaluate if the on-site trees
meet the requirement to be considered a `protected" tree. A permit shall be obtained
from the Parks and Recreation Department prior to the removal of a protected tree.
Cultural Resources
25. In the event archaeological resources are encountered during construction, work shall
be halted within 100 feet of the discovered materials and workers shall avoid altering the
materials and their context until a qualified professional archaeologist has evaluated the
situation and provided appropriate recommendations.
If an archaeological site is encountered in any stage of development, a qualified
archeologist will be consulted to determine whether the resource qualifies as an
historical resource or a unique archaeological resource. In the event that it does qualify,
the archaeologist will prepare a research design and archaeological data recovery plan
to be implemented prior to or during site construction. The archaeologist shall also
prepare a written report of the finding, file it with the appropriate agency, and arrange for
curation of recovered materials.
26. A discovery of a paleontological specimen during any phase of the project shall result in
a work stoppage in the vicinity of the find until it can be evaluated by a professional
paleontologist. Should loss or damage be detected, additional protective measures or
further action (e.g., resource removal), as determined by a professional paleontologist,
shall be implemented to mitigate the impact.
27. In the event that human remains are discovered during project construction, there shall
be no further excavation or disturbance of the site or any nearby area reasonably
suspected to overlie adjacent human remains. The county coroner shall be informed to
evaluate the nature of the remains. If the remains are determined to be of Native
American origin, the Lead Agency shall work with the Native American Heritage
Commission and the applicant to develop an agreement for treating or disposing of the
human remains.
Geology and Soils
28. Project design and construction shall adhere to Title 18, Chapter 18.28 of the
Burlingame Municipal Code, and demonstrate compliance with all design standards
applicable to the California Building Code Zone 4 would ensure maximum practicable
protection available to users of the buildings and associated infrastructure.
29. Project design and construction, including excavation activities, shall comply with
Chapter 33 of the CBC, which specifies the safety requirement to be fulfilled for site
work. This would include prevention of subsidence and pavement or foundations caused
by dewatering.
Cl
RESOLUTION NO. 8-2017
30. The applicant shall prepare a monitoring program to determine the effects of
construction on nearby improvements, including the monitoring of cracking and vertical
movement of adjacent structures, and nearby streets, sidewalks, utilities, and other
improvements. As necessary, inclinometers or other instrumentation shall be installed as
part of the shoring system to closely monitor lateral movement. The program shall
include a pre -condition survey including photographs and installation of monitoring
points for existing site improvements.
Hazards and Hazardous Materials
31. The contractor shall comply with Title 8, California Code of Regulations/Occupational
Safety and Health Administration (OSHA) requirements that cover construction work
where an employee may be exposed to lead. This includes the proper removal and
disposal of peeling paint, and appropriate sampling of painted building surfaces for lead
prior to disturbance of the paint and disposal of the paint or painted materials.
32. The applicant shall contract a Certified Asbestos Consultant to conduct an asbestos
survey prior to disturbing potential asbestos containing building materials and following
the Consultant's recommendations for proper handling and disposal.
33. Workers handling demolition and renovation activities at the project site will be trained in
the safe handling and disposal of any containments with which they are handling or
disposing of on the project site.
Noise
34. The following measures, in addition to the best practices specified in Impact 3, shall be
implemented to reduce vibration impacts from construction activities to a less -than -
significant level:
For all construction proposed to be located within 20 feet of adjacent structures, a
construction vibration -monitoring plan would need to be implemented to document
conditions prior to, during and after vibration generating construction activities. All
plan tasks shall be undertaken under the direction of a licensed Professional
Structural Engineer in the State of California and be in accordance with industry
accepted standard methods. The construction vibration monitoring plan should be
implemented to include the following tasks:
Perform a photo survey, elevation survey, and crack monitoring survey for each
identified structure. Surveys shall be performed prior to any construction activity
and after project completion and shall include internal and external crack
monitoring in structures, settlement, and distress and shall document the
condition of foundations, walls and other structural elements in the interior and
exterior of said structures.
- Designate a person responsible for registering and investigating claims of
excessive vibration. The contact information of such person shall be clearly
posted on the construction site.
Make appropriate repairs or compensation where damage has occurred as a
result of construction activities.
7
RESOLUTION NO. 8-2017
The results of all vibration monitoring shall be summarized and submitted in a
report shortly after substantial completion of each phase identified in the project
schedule. The report will include a description of measurement methods,
equipment used, calibration certificates, and graphics as required to clearly
identify vibration -monitoring locations. An explanation of all events that exceeded
vibration limits will be included together with proper documentation supporting
any such claims.
Transportation and Traffic
35. Prior to issuance of grading and building permits, the project applicant shall submit a
Traffic Control Plan. The Traffic Control Plan would indicate how parking for construction
workers would be provided during construction and ensure a safe flow of traffic in the
project area during construction. The requirements within the Traffic Control Plan
include, but are not limited to, the following: truck drivers would be notified of and
required to use the most direct route between the site and U.S. 101, as determined by
the City Engineering Department; all site ingress and egress would occur only at the
main driveways to the project site; specifically designated travel routes for large vehicles
would be monitored and controlled by flaggers for large construction vehicle ingress and
egress; warning signs indicating frequent truck entry and exit would be posted on
adjacent roadways if requested; and any debris and mud on nearby streets caused by
trucks would be monitored daily and may require instituting a street cleaning program.
36. On -street parking to the east and west of the outbound driveways on Bayswater Avenue
shall be prohibited by painting red curb for a distance of approximately 20 feet on either
side.
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the
foregoing resolution was adopted at a regular meeting of the City Council held on the 17'" day of
January, 2017 by the following vote:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, K IGHRAN, ORTIZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE /% �J
Meaghan