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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