HomeMy WebLinkAboutReso - CC - 067-2017RESOLUTION NO. 67-2017
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING
APPLICATIONS FOR DESIGN REVIEW, CONDITIONAL USE PERMIT, FRONT SETBACK
LANDSCAPE VARIANCE, PARKING VARIANCE, AND TENTATIVE PARCEL MAP FOR A
MULTI -FAMILY DEVELOPMENT CONSISTING OF 27 RESIDENTIAL APARTMENTS ON
PROPERTY LOCATED AT 1128-1132 DOUGLAS AVENUE (ASSESSOR PARCEL NOS:
029-132-180 and 029-132-190) AND APPLICATIONS FOR DESIGN REVIEW AND FRONT
SETBACK VARIANCE FOR RELOCATION OF A PORTION OF THE EXISTING HOUSE AT
1128 DOUGLAS AVENUE TO PROPERTY LOCATED AT 524 OAK GROVE AVENUE
(ASSESSORS PARCEL NO: 029-083-010)
WHEREAS, on June 13, 2014, Jacob Furlong filed an application with the City of
Burlingame Community Development Department — Planning Division requesting approval of
the following requests:
1128-1132 Douglas Avenue:
• Design Review for construction of a new five -story, 27 -unit apartment building with at -
grade and below -grade parking (reduced from 29 units);
• Conditional Use Permit for building height (56'-10" proposed where a Conditional Use
Permit is required if the building exceeds 35'-0" in height; 75'-0" is the maximum
allowed);
• Front Setback Landscape Variance (40% front setback landscaping proposed where
60% is the minimum required);
• Parking Variance for driveway width (9'-0" width proposed for the driveway along the
north property line where 12'-0" is the minimum required); and
• Tentative Parcel Map for Lot Combination to combine 52 feet of portion of Lot 3, Block 5
(1128 Douglas Avenue) and 50 feet of Lot 3, Block 5 (1132 Douglas Avenue),
Burlingame Land Company Map No 2;
524 Oak Grove Avenue:
• Design Review to demolish the existing house at 524 Oak Grove Avenue and replace it
with an existing house to be moved from 1128 Douglas Avenue; the project includes a
first and second story addition to the house moved from Douglas Avenue and
construction of a new detached garage;
• Front Setback Variance to the second floor of the house (18'-0" proposed where 20'-0" is
the minimum required); and
RESOLUTION NO. 67-2017
WHEREAS, on March 23, 2015 the Planning Commission conducted a duly noticed
public hearing (design review study session) to review and comment upon the project designs at
1128-1132 Douglas Avenue and 524 Oak Grove Avenue. At that time direction was provided to
the applicant for revisions to the project designs; and
WHEREAS, on May 11, 2015 the Planning Commission conducted a duly noticed public
hearing (environmental scoping session) to identify subjects to be analyzed in the project
Environmental Impact Report (EIR). At that time comments were received from the Commission
and public regarding issues to be addressed in the project EIR; and
WHEREAS, a draft EIR was prepared to analyze project impacts; said draft EIR was
circulated for a 45 -day public review and comment period commencing on September 6, 2016
and concluding on October 20, 2016. During the circulation period, the Planning Commission
conducted a duly noticed public hearing on October 11, 2016 that provided the opportunity for
the Commission and interest members of the public to provide commentary on the analysis
contained within the project EIR; and
WHEREAS, a final EIR for the project was prepared following conclusion of the
circulation period for the draft EIR on October 20, 2016; the final EIR containing responses to all
comments received on the draft EIR was released for public review on February 3, 2017; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on
February 13, 2017 at which time it considered certification of the final EIR and approval of all
project entitlements, and continued action on the FEIR and on the project until additional
information was provided by the applicant and staff; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on
April 24, 2017 at which time it considered certification of the final EIR and approval of all project
entitlements. Following consideration of all information contained in the April 24, 2017 staff
report to the Planning Commission regarding the project, all written correspondence, and all
public comments received at the public hearing, the Commission made the following findings
regarding the project entitlements:
1128-1132 Douglas Avenue
Design Review Findings:
• Compatibility with the existing character of the neighborhood, in that the project is
consistent with existing buildings on the block characterized by simple massing, flat
walls and roofs, and repetitive fenestration; the project mediates between existing two-,
three- and four-story buildings in the area to create a continuous residential
neighborhood, is well articulated and landscaped, and embraces the street and the
pedestrian realm;
2
RESOLUTION NO. 67-2017
• Respect the mass and fine scale of adjacent buildings even when using different
architectural styles, in that the design exhibits thoughtful massing, character and
pedestrian scale, successfully creates a good transition between the existing two-, three -
and four-story buildings in the neighborhood, and contains a four-story facade at the
front of the building (fifth floor is setback 10 feet);
• Maintain the tradition of architectural diversity, but with human scale regardless of the
architectural style used, in that the architectural style blends traditional and
contemporary design elements to be compatible with adjacent neighborhoods and the
City as a whole, and that human scale is provided at the street level consisting of a front
entry element, a pedestrian walk and benches, and on the upper levels individual
balconies provide residential scale and character; and
• Incorporate quality materials and thoughtful design which will last into the future, in that
the exterior building materials include stucco, horizontal wood and concrete siding,
balconies with wood railings and a wood base trim, aluminum windows and doors to be
inset five inches, powder coated steel awnings above some of the windows throughout
the building, and a decorative concrete shear wall is proposed to the left of the front
entry.
Conditional Use Permit Findings (Building Height):
• 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, in that the multiple -family residential use is
consistent with the existing multiple -family residential uses in the neighborhood and that
the massing satisfies the general plan objective to provide high-density residential
development while being scaled to be compatible with existing adjacent development;
• The proposed use will be located and conducted in a manner in accord with the
Burlingame General Plan and the purposes of this title, in that it provides a multiple -
family residential use on a property determined to be suitable for such use in the Zoning
Code and Burlingame General Plan; and
• The proposed project will be compatible with the aesthetics, mass, bulk, and character of
the existing and potential uses on adjoining properties in the general vicinity, in that
given the existing neighborhood is generally composed of two to four story structures
below 50 feet in height, the project is generally compatible with the surrounding
structures in mass and scale with a proposed building height of 53'-7" to top of roof and
56'-10" to top of parapet); and because the top (5`") floor is stepped back 10 -feet from
the face of the building, it will provide a sense of a four story building when viewed from
nearby locations, will be a less prominent element of the front building fagade, and given
the proximity of the project site to other buildings that exceed 35 -feet in the general
vicinity and in the Downtown area it will be compatible with the mass and character of
3
RESOLUTION NO. 67-2.017
buildings in the area.
Variance Findings (Front Setback Landscape):
• There are exceptional or extraordinary circumstances or conditions applicable to the
property involved that do not apply generally to property in the same district, in that there
are two protected sized trees located at the north east corner of the site, consisting of a
39 -inch diameter Redwood tree and a 27.6 -inch diameter Coast Live Oak tree, and that
that the applicant is proposing to retain as a part of the project;
• The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant, and to prevent unreasonable property loss or
unnecessary hardship, in that the reduction of landscaping within the front setback
enables a circular driveway to be added to help alleviate congestion on the street by
allowing temporary parking for delivery vehicles, guests, and residents;
• The granting of the application 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, in that the proposed front setback landscaping is
consistent with the existing multiple -family residential uses in the neighborhood; and
• The use of the property will be compatible with the aesthetics, mass, bulk and character
of existing and potential uses of properties in the general vicinity, in that given the
proposed front setback landscaping and circular driveway is consistent with existing
multiple -family residential uses in the general vicinity and in the Downtown area, it will be
compatible with the mass and character of buildings in the area.
Variance Findings (Parking — Driveway Width
• There are exceptional or extraordinary circumstances or conditions applicable to the
property involved that do not apply generally to property in the same district, in that there
are two protected sized trees located at the north east corner of the site along the
driveway, consisting of a 39 -inch diameter Redwood tree and a 27.6 -inch diameter
Coast Live Oak tree, and that that the applicant is proposing to retain as a part of the
project;
• The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant, and to prevent unreasonable property loss or
unnecessary hardship, in that the reduction in the driveway width from 12 feet to 9 feet
along portions of the driveway enables two existing protected sized trees to be retained;
• The granting of the application 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, in that the reduction in the driveway width from 12 feet
to 9 feet along portions of the driveway represents a minor reduction and permits access
to the at -grade parking area at the rear of lot; and
EI
RESOLUTION NO. 67-2017
• The use of the property will be compatible with the aesthetics, mass, bulk and character
of existing and potential uses of properties in the general vicinity, in that the driveway is
provided by an existing ingress/egress easement located along the north side property
line which is consistent with driveway designs in the area.
Tentative Parcel Map Findings:
The proposed parcel 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, and that the site is physically suited for the proposed type and density of
development in that it provides a multiple -family residential use in an area identified as suitable
for such use in the Zoning Code and Burlingame General Plan, provides vehicular and
pedestrian circulation to serve the project, and is consistent with required development
standards.
524 Oak Grove Avenue
Design Review Findings:
• Compatibility of the architectural style with that of the existing character of the
neighborhood, in that the architectural style, mass and bulk of the addition contains hip
and gable roofs, composition shingle roofing, proportional plate heights, wood shingle
siding, wood windows with wood trim, and covered porches throughout the house;
• Respect for the parking and garage patterns in the neighborhood, in that the new
detached garage, located at the rear of the site, will not be the dominant feature at the
front of the house and that the driveway leading to the garage will provide a separation
between the subject house and the adjacent house;
• Architectural style and mass and bulk of structure, in that in that the architectural style,
mass and bulk of the addition contains hip and gable roofs, proportional plate heights,
and covered porches, fenestration and varied roof lines throughout the house to help
break up the massing;
• Interface of the proposed structure with the structures on adjacent properties, in that the
windows and architectural elements of the proposed structure are placed so that the
structure respects the interface with the structure with the adjacent property to the north
(two other sides of triangular lot are bounded by streets); and
• Landscaping and its proportion to mass and bulk of structural components, in that the
three existing protected size trees and two large street trees to remain, and four new
trees and shrubs to be planted throughout the site will compliment and be compatible
with the proposed addition.
5
RESOLUTION NO. 67-2017
Variance Findings (Front Setback):
• There are exceptional or extraordinary circumstances or conditions applicable to the
property involved that do not apply generally to property in the same district, in that the
triangular shape of the subject property is unusual where most of the lots in the
neighborhood are rectangular and that the applicant is proposing to retain an existing
40.7 -inch diameter protected size tree in the rear yard as part of the project;
• The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant, and to prevent unreasonable property loss or
unnecessary hardship in that the encroachment into the front setback on the second
floor (3 feet) enables an existing protected sized trees to be retained by allowing the
building footprint to be stepped away the required distance from the tree;
• The granting of the application 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 in that the single-family residential use is consistent with
the existing single-family residential uses in the neighborhood and that the proposed 3
foot encroachment into the required second floor setback represents a minor
encroachment and that the impact of the second floor is mitigated by varied rooflines, a
dormer and chimney; and
• The use of the property will be compatible with the aesthetics, mass, bulk and character
of existing and potential uses of properties in the general vicinity in that the architectural
style, mass and bulk of the addition contains hip and gable roofs, composition shingle
roofing, proportional plate heights, wood shingle siding, wood windows with wood trim,
and covered porches throughout the house, and therefore will be compatible with the
mass and character of buildings in the area.
WHEREAS, following the April 24, 2017 public hearing, the Planning Commission
certified the final EIR for the project and adopted mitigation measures and a mitigation
monitoring plan for the project as recorded in a separate resolution adopted by the Commission.
All mitigation measures shall be incorporated into the conditions of project approval; and
WHEREAS, subsequent to the Planning Commission's April 24, 2017 action, Larry
Stevenson, 1124 Douglas Avenue filed a timely appeal of the Commission's actions approving
the project; and
WHEREAS, on June 5, 2017 the City Council conducted a duly noticed public hearing to
consider the appeal, and following conclusion of the public hearing and in consideration of all
oral and written testimony provided at the hearing, the City Council denied the appeal and
upheld the Planning Commission's April 24, 2017 actions related to the project.
I
RESOLUTION NO. 67-2017
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Burlingame, that the
applications for Design Review, Conditional Use Permit for building height, Front Setback
Landscape Variance, Parking Variance for driveway width, and Tentative Parcel Map at 1128-
1132 Douglas Avenue, zoned R-4; and Design Review and Front Setback Variance to relocate
the existing house at 1128 Douglas Avenue to 524 Oak Grove Avenue, which includes a first
and second story addition to the relocated house and a new detached garage at 524 Oak
Grove, zoned R-1 are hereby granted, subject to the following conditions:
Conditions of Approval for 1128-1132 Douglas Avenue:
that the project shall be built as shown on the plans submitted to the Planning Division
date stamped April 14, 2017, sheets A0.0 through A5.1, C1, AR1.0, L1.1, L1.2, and GP -
1;
2. that as a community benefit freely offered by the applicant, the project shall include one
one -bedroom unit and one two-bedroom unit set aside for a period of twenty-five (25)
years for households with incomes of 110% of the Area Median Income (AMI) for the
County of san Mateo. The City Manager shall be authorized to execute an agreement
memorializing this provision;
3. that prior to issuance of a building permit for construction of the project, the project
construction plans shall be modified to include a cover sheet listing all conditions of
approval adopted by the Planning Commission, or City Council on appeal; which shall
remain a part of all sets of approved plans throughout the construction process.
Compliance with all conditions of approval is required; the conditions of approval shall
not be modified or changed without the approval of the Planning Commission, or City
Council on appeal;
4. that at all points along the length of the shared driveway located along the easterly side
of the property, a minimum 9' driveway width at grade shall be maintained along the path
of vehicular travel;
5. that the maximum elevation to the top of the parapet and roof shall not exceed elevation
80.96' and 77.71', respectively, as measured from the average elevation at the top of the
curb along Douglas Avenue (24.20') for a maximum height of 56'-10" to the top of the
parapet; the garage floor finished floor elevation shall be elevation 13.30'; 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 any changes to the size or envelope of the building, which would include expanding
the footprint or floor area of the structure, replacing or relocating windows or changing
the roof height or pitch, shall be subject to Planning Commission review (FYI or
amendment to be determined by Planning staff);
7. 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 $58,138.50, made payable to the
City of Burlingame and submitted to the Planning Division;
RESOLUTION NO. 67-2017
8. 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 $58,138.50, made payable to the
City of Burlingame and submitted to the Planning Division;
9. that the guest/delivery parking stall shall be marked and designated on the plans, this
stall shall not be assigned to any unit and shall always be accessible for parking and not
be used for resident storage;
10. that if a security gate system across the driveway is installed in the future, the gate shall
be installed a minimum 20'-0' back from the front property line; the security gate system
shall include an intercom system connected to each dwelling which allows residents to
communicate with guests and to provide guest access to the parking area by pushing a
button inside their units;
11. that the trash receptacles, furnaces, and water heaters shall be shown in a legal
compartment outside the required parking and landscaping and in conformance with
zoning and California Building and Fire Code requirements before a building permit is
issued;
12. that trash enclosures and dumpster areas shall be covered and protected from roof and
surface drainage and that if water cannot be diverted from these areas, a self-contained
drainage system shall be provided that discharges to an interceptor;
13. that all construction shall abide by the construction hours established in the municipal
code;
14. 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;
15. that storage of construction materials and equipment on the street or in the public right-
of-way shall be prohibited;
16. that construction access routes shall be limited in order to prevent the tracking of dirt
onto the public right-of-way, clean off-site paved areas and sidewalks using dry
sweeping methods;
17. that if construction is done during the wet season (October 1 through April 30), that prior
to October 1 the developer shall implement a winterization program to minimize the
potential for erosion and polluted runoff by inspecting, maintaining and cleaning all soil
erosion and sediment control prior to, during, and immediately after each storm even;
stabilizing disturbed soils throughout temporary or permanent seeding, mulching
matting, or tarping; rocking unpaved vehicle access to limit dispersion of mud onto public
right-of-way; covering/tarping stored construction materials, fuels and other chemicals;
18. that this project shall comply with the state -mandated water conservation program, and a
complete Irrigation Water Management and Conservation Plan together with complete
landscape and irrigation plans shall be provided at the time of building permit
application;
RESOLUTION NO. 67-2017
19. that all site catch basins and drainage inlets flowing to the bay shall be stenciled. All
catch basins shall be protected during construction to prevent debris from entering;
20. that this proposal shall comply with all the requirements of the Tree Protection and
Reforestation Ordinance adopted by the City of Burlingame in 1993 and enforced by the
Parks Department; complete landscape and irrigation plans shall be submitted at the
time of building permit application and the street trees will be protected during
construction as required by the City Arborist;
21. that project approvals shall be conditioned upon installation of an emergency generator
to power the sump pump system; and the sump pump shall be redundant in all
mechanical and electrical aspects (i.e., dual pumps, controls, level sensors, etc.).
Emergency generators shall be housed so that they meet the City's noise requirement;
22. 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;
23. 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;
24. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water
Management and Discharge Control Ordinance;
25. that the project shall meet all the requirements of the California Building and Uniform
Fire Codes, 2016 Edition, as amended by the City of Burlingame;
26. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance;
27. In consultation with the Community Development Director and where feasible, surface
parking spaces at the rear of the property shall be assigned to residents of individual
apartments within the development.
28. Directional signage shall be placed on the property to promote use of the circular
driveway at the front of the property for pick-ups and deliveries.
29. The landscape planter at the northeasterly portion of the building, adjacent to the
driveway shall be reduced in depth in order to permit widening of the driveway within that
area.
30. The surface parking space at the northeast corner of the property shall be designed and
marked as a compact parking space.
The following four (4) conditions shall be met during the Building Inspection process
prior to the inspections noted in each condition:
31. that prior to scheduling the foundation inspection a licensed surveyor shall locate the
9
RESOLUTION NO. 67-2017
property corners, set the building envelope;
32. 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;
33. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the
height of the roof ridge and provide certification of that height to the Building Division;
34. 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 Environmental Impact Report:
Aesthetics
35. MM AES -1: Design Review of the Proposed Project: The applicant shall submit
revised plans for the proposed building at 1128-1132 Douglas Avenue to the City of
Burlingame for design review. The Planning Commission as the responsible body for
design review shall review the proposed project for compatibility with the City's
guidelines for a residential apartment building in the Downtown Specific Plan R-4 Base
District.
36. MM AES -2: Exterior Lighting Plan: Prior to issuance of a building permit, a detailed
Exterior Lighting Plan shall be provided. The lighting plan shall utilize the following
standards:
a) Control stray light through use of low -brightness fixtures with optical controls.
b) Fully block all exterior light sources from off-site views.
c) Do not permit any uplighting from any outdoor light fixture.
d) Employ on -demand exterior lighting systems where feasible. Area lighting and
security lighting shall be controlled by the use of timed switches and/or motion
detectors.
e) Use tinted windows in all buildings to reduce glare from interior lights.
37. MM AES -3: Use of Non -reflective Exterior Paint: Flat, non -reflective paint or
integrated coloring shall be used in all exterior building materials throughout the project.
Air Quality
38. MM AIR -1: Construction Equipment Emissions Reduction: The construction
contractor shall implement the BAAQMD Enhanced Exhaust Emissions Reduction
Measures for Project Construction Equipment measure that requires project off-road
10
RESOLUTION NO. 67-2017
equipment greater than 25 horsepower (hp) that operates for more than 20 total hours
over the entire duration of construction activities to meet the following requirements:
a) All backhoes engines shall meet CARB Tier 4 off-road emission standards.
b) All other equipment engines shall meet or exceed CARB Tier 3 off-road emission
standards or be retrofitted with a CARB Level 2 diesel particulate filter (DPF).
39. MM AIR -2: Air Filtration: A standard house heating, ventilation, and air conditioning
(HVAC) system with a permanent filter of a minimum efficiency reporting value (MERV)
of 13 or greater shall be installed at the relocated residence at 524 Oak Grove Avenue.
The MERV13 filter shall provide one air exchange per hour if the air source is
outside/unfiltered air or four air exchanges per hour if the air source is inside/recirculated
air to provide an 80 percent or greater reduction of outdoor fine particulate matter
(including DPM).
Biological Resources
40. MM BIO -1: Pre -construction Bat Surveys The applicant shall implement the following
measures during demolition of structures and tree removal or tree pruning.
Structures. Before demolition of existing structures, a qualified bat specialist shall
conduct a day time search for potential roosting habitat and evening emergence surveys
to determine if the structure is being used as a roost. Biologists conducting surveys for
roost sites shall use naked eye, binoculars, and a high power spotlight to inspect
buildings features that could house bats. The surfaces of the structure and the ground
around the structure shall be surveyed for bat signs, such as guano, staining, and prey
remains. Evening (i.e., dusk) emergence surveys shall consist of at least one bat
specialist positioned at different vantage points from the structure, watching for emerging
bats from a half hour before sunset to 1 to 2 hours after sunset for a minimum of 2 nights
within the season that construction will be taking place. Night vision goggles or full
spectrum acoustic detectors should be used during emergence surveys to assist in
species identification. All emergence surveys shall be conducted during favorable
weather conditions (i.e., calm nights with temperatures conducive to bat activity [55° F
and above] and no precipitation predicted). If roosting, special -status bats are present,
measures developed by the bat specialist shall be implemented, as needed. Measures
to protect the bats may include postponing demolition until after the May 1st through
October 1st roosting period. Measures may include monitoring roosting to determine if
the roost site is a maternal roost by either a visual inspection of the roost bat pups, or
monitoring the roost after the adults leave for the night and listening for bat pups.
Eviction of a maternal roost cannot occur because bat pups are not mature enough to
leave the roost. If a roost is determined not to be a maternal roost, eviction of bats shall
be conducted using bat exclusion techniques developed by Bat Conservation
International and in consultation with CDFW that allow the bats to exit the roosting site,
but prevent re-entry to the site. This work shall be completed by a BCI -recommended
exclusion professional. The exclusion of bats shall be timed and carried out concurrently
with any scheduled bird exclusion activities. Each roost lost (if any) shall be replaced in
11
RESOLUTION NO. 67-2017
consultation with the CDFW and may include construction and installation of BCI -
approved bat boxes suitable to the bat species and colony size excluded from the
original roosting site. Roost replacement shall be implemented before bats are excluded
from the original roost sites. Once the replacement roosts are constructed and it is
confirmed that bats are not present in the original roost site, the structures may be
removed or sealed.
Tree Removal. A qualified bat specialist shall examine trees to be removed or trimmed
for suitable bat roosting habitat. High quality habitat features (large tree cavities, basal
hollows, loose or peeling bark, larger snags, etc.) shall be identified and the area around
these features searched for bats and bat sign (guano, culled insect parts, staining, etc.).
The qualified bat specialist shall conduct evening visual emergence surveys of the
source habitat feature, from a half hour before sunset to 1 to 2 hours after sunset for a
minimum of two nights within the season that construction will be taking place. If it is
found that roosting, special -status bats are present, measures developed by the bat
specialist shall be implemented, as needed.
41. MM BIO -2: Tree Protection Measures: Tree protection specifications were developed
by Mayne Tree Expert Company Inc. for the protected trees surveyed at the Douglas
Avenue and Oak Grove Avenue project sites. The applicant shall implement the
following tree protection measures developed by Mayne Tree Expert Company Inc. and
approved by the Arborist for protected trees. The Mayne Tree Expert Company Inc.
reports shall be included on the demolition and construction plans of the project.
Mulching. A 6 -inch layer of coarse mulch woodchips shall be placed beneath the
dripline of protected trees. Mulch is to be kept 12 inches from the trunk.
Protective Barrier. A protective barrier or 6 -foot chain link fence shall be installed
around the dripline of protected trees. The fencing can be moved within the dripline if
authorized by the Project Arborist or the City Arborist, but no closer than 2 feet from the
trunk of any tree. Fence posts shall be 1.5 inches in diameter and are to be driven 2 feet
into the ground. The distance between posts shall not be more than 10 feet. This
enclosed area is the Tree Protection Zone (TPZ). Moveable barriers or chain link fencing
secured to cement blacks can be substituted for "fixed" fencing if the Project Arborist and
City Arborist agree that the fencing would have to be moved to accommodate certain
phases of construction. The applicant may not move the fence without authorization from
the Project Arborist or City Arborist.
Construction Restrictions. During construction, the following restrictions shall be
implemented:
a) Runoff or spillage of damaging materials to the area below any tree canopy shall not
be allowed.
b) Storing materials, stockpiling soils, or parking/driving vehicles within the TPZ is not
allowed.
12
RESOLUTION NO. 67-2017
c) Cutting, breaking, skinning, or bruising roots, branches, or trunks of protected trees
is prohibited without first obtaining authorization from the City Arborist.
d) Fires shall not be allowed under and adjacent to trees.
e) Discharging exhaust into foliage shall be prohibited.
f) Securing cables, chains, or ropes to trees or shrubs is prohibited.
g) Trenching, digging, or excavating within the dripline of the TPZ of trees is prohibited
without first obtaining authorization from the City Arborist.
h) Applying soils sterilants under pavement near existing trees is prohibited.
i) Machine trenching is prohibited within the driplines of trees, only excavation by hand
or compressed air is allowed.
Avoiding injury to roots. When a ditching machine, which is being used outside of the
dripline of trees, encounters roots smaller than 2 inches, the wall of the trench adjacent
to the street shall be hand trimmed, making clear, clean cuts through the roots. All
damaged, torn, and cut roots shall be given a clean cut to remove ragged edges, which
promote decay. Trenches shall be filled within 24 hours, but, where, this is not possible,
the side of the trench adjacent to the trees shall be shaded with four layers of
dampened, untreated burlap, wetted as frequently as necessary to keep the burlap wet.
Roots 2 inches or larger, when encountered, shall be reported immediately to the Project
Arborist, who will decide whether the applicant may cut the roots as mentioned above or
shall excavate by hand or with compressed air under the root. The root is to be protected
with dampened burlap. In addition, the top 2 feet of the foundation closest to trees shall
be air spaded or hand dug under supervision of a licensed arborist to locate and
evaluate any significant roots prior to mechanical excavation. The licensed arborist shall
be required to submit a report to the City regarding the findings of the excavation and
recommend any additional actions needed to protect the roots to preserve the health
and structure of both the redwood and oak trees.
Routing pipes. To avoid conflict with routes, pipes shall be routed outside of an area,
ten times the diameter of a protected tree. In addition, where it is not possible to reroute
pipes or trenches, the applicant shall bore beneath the dripline of the tree. The boring
shall take place not less than 3 feet below the surface of the soil in order to avoid
encountering feeder roots.
Reporting. The City Arborist, or his designee, shall be present when any digging occurs
in the vicinity of the narrowest portion of the proposed shared driveway in the vicinity of
the root ball of the adjacent protected tree to ensure that all appropriate measures are
taken to protect the tree roots. If a protected tree is damaged, the applicant shall follow
any remedial actions deemed necessary by the City Arborist, such as planting additional
trees, consistent with Chapter 11.06.090.
13
RESOLUTION NO. 67-2017
Cultural Resources
42. MM CUL -1: Compatible Cladding for Historic House: New construction on the
relocated historic house shall be differentiated from the old and shall be compatible with
the historic materials, features, size, scale and proportion, to protect the integrity of the
property and its environment consistent with the Secretary of Interior's standards for
rehabilitation. The choice of materials shall be submitted to the City for approval as part
of the design review process.
Geology and Soils
43. MM GEO-1: Implementation of Geotechnical Recommendations: The Applicant and
their contractors shall implement the measures outlined and recommended in the
Geotechnical Investigation Report Chapters 5 through 10 for the proposed construction
at 1128-1132 Douglas Avenue.
Hazards and Hazardous Materials
44. MM HAZ-1: Preparation of a Site-specific Spill Prevention, Control and
Countermeasure Plan: The applicant shall prepare a site-specific Spill Prevention,
Control, and Countermeasure (SPCC) Plan that will identify spill prevention and
response measures and Best Management Practices (BMPs). The plan will emphasize
site specific physical conditions to improve hazard prevention (e.g., identification of flow
paths to nearest drains) and reduce effects of accidental spills if they occur. The
Applicant shall designate a representative to ensure that all hazardous materials and
safety plans are followed throughout the construction period. BMPs identified in SPCC
Plan shall be implemented during project construction to minimize the risk of an
accidental release and to provide the necessary information for emergency response. A
copy of the project SPCC shall be submitted to the City for approval at least 30 days
prior to construction. All construction personnel shall be required to attend SPCC training
prior to conducting any work on the project site.
45. MM HAZ-2: Soils Test: Prior to construction, the applicant shall evaluate shallow soils
at the structure locations for the possible presence of lead and pesticides. If lead or
pesticides are found within the tested soils, the applicant shall dispose of the soils,
consistent with federal, state and local laws regarding disposal of hazardous materials.
Hydrology and Water Quality
46. MM HAZ-3: Project -specific Emergency Access Plan: The Applicant shall develop
and implement a Project specific Emergency Access Plan. The applicant shall submit
the plan to the City and all emergency services within the city, including the fire
department and police department, at least 30 days prior to construction. The
Emergency Access Plan shall require provisions for the:
14
RESOLUTION NO. 67-2017
a) Implementation of standard safety practices, including installation of appropriate
barriers between work zones and transportation facilities, placement of appropriate
signage, and use of traffic control devices.
b) Use of flaggers and/or signage to guide vehicles through or around construction
zones using proper techniques for construction activities, including staging yard
entrance and exit.
c) Traffic detours for any road or lane closures with appropriate signage marking the
detours.
d) Timing of worker commutes and material deliveries to avoid peak commuting hours.
e) Timing of lane and road closures.
f) Plans for construction worker parking and transportation to work sites.
g) Methods for keeping roadways clean.
h) Storage of all equipment and materials in designated work areas in a manner that
minimizes traffic obstructions and maximizes traffic sign visibility.
i) Limiting vehicles to safe speed levels according to posted speed limits, road
conditions, and weather conditions.
j) Coordination with public transit providers.
k) Repair of asphalt and other road damage (e.g., curb and gutter damage, rutting in
unpaved roads) caused by construction vehicles.
1) Detours for cyclists and pedestrians when bike lanes or sidewalks must be closed.
The Emergency Access Plan must at a minimum comply with the requirements of the
City and must be submitted to the City for approval prior to commencing construction
activities.
Hydrology and Water Quality
47. MM HYDRO -1: Stormwater Pollution Prevention Best Management Practices: The
applicant will implement the following best management practices during construction of
the proposed project:
a) Preserve existing vegetation where feasible.
b) Limit disturbance to the work site.
c) Install silt fences around the perimeter of the project site.
15
RESOLUTION NO. 67-2017
Noise
48. MM NOISE -1: Prepare a Relocation Plan and Obtain Approval from the City for
Historic House Relocation Outside of Permitted Construction Hours: The Applicant
shall prepare a Relocation Plan and obtain approval from the City under Municipal Code
Section 18.07.110 for historic house relocation. The Relocation Plan shall include:
1. Exact procedure for cutting and dismantling the historic house, and loading on
trucks.
2. Specific routes for movement of the historic house from its existing location to 524
Oak Grove Avenue.
3. Exact procedure for setting the house in its new location.
4. Estimated duration for the various activities involved in the cutting, dismantling,
loading, and setting of the House.
5. Coordination procedures with utilities, Caltrain, and appropriate City Departments.
6. Advance Notice to residents at each project site and along the route regarding the
start and duration of power interruption.
7. Measures to reduce impacts of power outage on residents such as:
a) Power interruption phasing to reduce amount of time houses are affected.
b) Offering affected parties dry ice for freezers and refrigerators.
c) Offering generators for life support equipment.
d) Security lighting.
Approval from the City for relocating the historic house outside of permitted construction
hours would be contingent on abiding by all the best management practices required
under Condition of Approval 19, and the measures included in the Noise Management
Plan for the project.
49. MM NOISE -2: Compliance with Title 24: Prior to issuance of a building permit, a
qualified acoustical consultant shall review the final building plans to calculate expected
interior noise levels. The building permit shall not be issued until the qualified acoustical
consultant has reviewed the acoustical test report of all sound rated windows and doors
and confirmed that the proposed building treatments will adequately reduce interior
noise levels to 45 dBA or below.
50. MM NOISE -3: Noise Management Plan: The applicant shall prepare a noise
management plan that includes:
a. Identified routes for movement of construction -related vehicles and equipment
developed in conjunction with the Burlingame Community Development Department
RESOLUTION NO. 67-2017
so that noise -sensitive areas, including residences and schools, are avoided as
much as possible.
b. A designated "Community Liaison" for construction activities. The Community Liaison
would be responsible for responding to any local complaints regarding construction
noise and vibration. The Community Liaison would determine the cause of the noise
or vibration complaint and would implement reasonable measures to correct the
problem.
c. Sending advance notice to neighborhood residents within 50 feet of the project site
regarding the construction schedule and including the phone number for the
disturbance coordinator. A notice with the name and phone number of the
Community Liaison shall be posted at the project site.
In the event that construction noise complaints are not resolved by scheduling, the
applicant shall install temporary sound absorption barriers, such as noise control
blankets, in addition to the standard noise barriers around the construction site required
under Condition of Approval 19, best management practices. These additional barriers
would be specifically designed for exterior use and would reduce the noise level beyond
the fence line by at least 3 dBA.
If noise complaints continue, the applicant shall install a temporary sound absorption
barrier that would reduce the noise level beyond the fence line an additional 2 dBA, for a
total noise reduction of 5 dBA beyond the fence line.
Transportation and Traffic
51. MM TRAFFIC -1: Construction Management Plan: The project applicant and its
construction contractor(s) shall develop a construction management plan for review and
approval by the City of Burlingame. The plan must include at least the following items
and requirements to reduce, to the maximum extent feasible, traffic and parking
congestion during construction:
a. A set of comprehensive traffic control measures, including scheduling of major truck
trips and deliveries to avoid peak traffic hours, detour signs if required, lane closure
procedures, signs, cones for drivers, and designated construction access routes;
b. Identification of haul routes for movement of construction vehicles that would
minimize impacts on motor vehicular, bicycle and pedestrian traffic, circulation and
safety, and specifically to minimize impacts to the greatest extent possible on streets
in the project area;
c. Notification procedures for adjacent property owners and public safety personnel
regarding when major deliveries, detours, and lane closures would occur;
17
RESOLUTION NO. 67-2017
d. Provisions for monitoring surface streets used for haul routes so that any damage
and debris attributable to the haul trucks can be identified and corrected by the
project applicant.;
e. A construction parking plan to provide worker parking off site and generally off
neighborhood streets, with shuttles or other transportation as needed to transport
workers to the site; and
f. Designation of a readily available contact person for construction activities who
would be responsible for responding to any local complaints regarding traffic or
parking. This coordinator would determine the cause of the complaint and, where
necessary, would implement reasonable measures to correct the problem.
52. MM TRAFFIC -2: Driveway Safety Enhancements: The project applicant and its
construction contractor(s) shall implement the following safety enhancements:
a. Flashing light sensors shall be placed within the project parking garage and rear
surface parking areas to alert motorists outbound from the project parking areas that
vehicles are inbound from Douglas Avenue (these could be video or loop detected);
b. Signs shall be placed at the proposed project's Douglas Avenue entrances that
indicate: "Caution—Watch For Outbound Vehicles'; and
c. The project design shall be modified to allow for 12 -foot access on the eastern -most
driveway, except as necessary to avoid impact to the two significant trees. Toward
the rear of the lot, that would require either loss of landscaping, further setback for
the building (at least on the first floor), and/or loss of a parking space.
Conditions of Approval for 524 Oak Grove Avenue:
1. that the project shall be built as shown on the plans submitted to the Planning Division
date stamped December 22, 2014, sheets A0.0 through A5.1, AR1.0, L1.1, L1.2, and
GP1;
2. 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);
3. that any changes to the size or envelope of the first or second floors, or garage, which
would include adding or enlarging a dormer(s), shall require an amendment to this
permit;
4. that any recycling containers, debris boxes or dumpsters for the construction project
shall be placed upon the private property, if feasible, as determined by the Community
Development Director;
5. that demolition or removal of the existing structures and any grading or earth moving on
M
RESOLUTION NO. 67-2017
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;
6. that prior to issuance of a building permit for
construction plans shall be modified to include
approval adopted by the Planning Commission,
remain a part of all sets of approved
process. Compliance with all conditions of
approval shall not be modified or changed
Commission, or City Council on appeal;
construction of the project, the project
a cover sheet listing all conditions of
or City Council on appeal; which shall
plans throughout the construction
approval is required; the conditions of
without the approval of the Planning
7. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a
single termination and installed on the portions of the roof not visible from the street; and
that these venting details shall be included and approved in the construction plans
before a Building permit is issued;
8. 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;
9. that the project shall meet all the requirements of the California Building and Uniform
Fire Codes, 2013 Edition, as amended by the City of Burlingame;
THE FOLLOWING CONDITIONS SHALL BE MET DURING THE BUILDING INSPECTION
PROCESS PRIOR TO THE INSPECTIONS NOTED IN EACH CONDITION:
10. that prior to scheduling the framing inspection the applicant shall provide a certification
by the project architect or residential designer, or another architect or residential design
professional, that demonstrates that the project falls at or below the maximum approved
floor area ratio for the property;
11. prior to scheduling the framing inspection the project architect or residential designer, or
another architect or residential design professional, shall provide an architectural
certification that the architectural details shown in the approved design which should be
evident at framing, such as window locations and bays, are built as shown on the
approved plans; architectural certification documenting framing compliance with
approved design shall be submitted to the Building Division before the final framing
inspection shall be scheduled;
12. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the
height of the roof ridge and provide certification of that height to the Building Division;
and
13. 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.
19
RESOLUTION NO. 67-2017
Mitigation Measures from Environmental Impact Report
Air Quality
14. MM AIR -2: Air Filtration: A standard house heating, ventilation, and air conditioning
(HVAC) system with a permanent filter of a minimum efficiency reporting value (MERV)
of 13 or greater shall be installed at the relocated residence at 524 Oak Grove Avenue.
The MERV13 filter shall provide one air exchange per hour if the air source is
outside/unfiltered air or four air exchanges per hour if the air source is inside/recirculated
air to provide an 80 percent or greater reduction of outdoor fine particulate matter
(including DPM).
Biological Resources
15. MM BIO -2: Tree Protection Measures: Tree protection specifications were developed
by Mayne Tree Expert Company Inc. for the protected trees surveyed at the Douglas
Avenue and Oak Grove Avenue project sites. The applicant shall implement the
following tree protection measures developed by Mayne Tree Expert Company Inc. and
approved by the Arborist for protected trees. The Mayne Tree Expert Company Inc.
reports shall be included on the demolition and construction plans of the project.
Mulching. A 6 -inch layer of coarse mulch woodchips shall be placed beneath the
dripline of protected trees. Mulch is to be kept 12 inches from the trunk.
Protective Barrier. A protective barrier or 6 -foot chain link fence shall be installed
around the dripline of protected trees. The fencing can be moved within the dripline if
authorized by the Project Arborist or the City Arborist, but no closer than 2 feet from the
trunk of any tree. Fence posts shall be 1.5 inches in diameter and are to be driven 2 feet
into the ground. The distance between posts shall not be more than 10 feet. This
enclosed area is the Tree Protection Zone (TPZ). Moveable barriers or chain link fencing
secured to cement blacks can be substituted for "fixed" fencing if the Project Arborist and
City Arborist agree that the fencing would have to be moved to accommodate certain
phases of construction. The applicant may not move the fence without authorization from
the Project Arborist or City Arborist.
Construction Restrictions. During construction, the following restrictions shall be
implemented:
a) Runoff or spillage of damaging materials to the area below any tree canopy shall not
be allowed.
b) Storing materials, stockpiling soils, or parking/driving vehicles within the TPZ is not
allowed.
c) Cutting, breaking, skinning, or bruising roots, branches, or trunks of protected trees
is prohibited without first obtaining authorization from the City Arborist.
20
RESOLUTION NO. 67-2017
d) Fires shall not be allowed under and adjacent to trees.
e) Discharging exhaust into foliage shall be prohibited.
f) Securing cables, chains, or ropes to trees or shrubs is prohibited
g) Trenching, digging, or excavating within the dripline of the TPZ of trees is prohibited
without first obtaining authorization from the City Arborist.
h) Applying soils sterilants under pavement near existing trees is prohibited.
i) Machine trenching is prohibited within the driplines of trees, only excavation by hand
or compressed air is allowed.
Avoiding injury to roots. When a ditching machine, which is being used outside of the
dripline of trees, encounters roots smaller than 2 inches, the wall of the trench adjacent
to the street shall be hand trimmed, making clear, clean cuts through the roots. All
damaged, torn, and cut roots shall be given a clean cut to remove ragged edges, which
promote decay. Trenches shall be filled within 24 hours, but, where, this is not possible,
the side of the trench adjacent to the trees shall be shaded with four layers of
dampened, untreated burlap, wetted as frequently as necessary to keep the burlap wet.
Roots 2 inches or larger, when encountered, shall be reported immediately to the Project
Arborist, who will decide whether the applicant may cut the roots as mentioned above or
shall excavate by hand or with compressed air under the root. The root is to be protected
with dampened burlap. In addition, the top 2 feet of the foundation closest to trees shall
be air spaded or hand dug under supervision of a licensed arborist to locate and
evaluate any significant roots prior to mechanical excavation. The licensed arborist shall
be required to submit a report to the City regarding the findings of the excavation and
recommend any additional actions needed to protect the roots to preserve the health
and structure of both the redwood and oak trees.
Routing pipes. To avoid conflict with routes, pipes shall be routed outside of an area,
ten times the diameter of a protected tree. In addition, where it is not possible to reroute
pipes or trenches, the applicant shall bore beneath the dripline of the tree. The boring
shall take place not less than 3 feet below the surface of the soil in order to avoid
encountering feeder roots.
Reporting. Any damage due to construction activities shall be reported to the Project
Arborist or City Arborist within 6 hours. If a protected tree is damaged, the applicant shall
follow any remedial actions deemed necessary by the City Arborist, such as planting
additional trees, consistent with Chapter 11.06.090.
Cultural Resources
16. MM CUL -1: Compatible Cladding for Historic House: New construction on the
relocated historic house shall be differentiated from the old and shall be compatible with
21
RESOLUTION NO. 67-2017
the historic materials, features, size, scale and proportion, to protect the integrity of the
property and its environment consistent with the Secretary of Interior's standards for
rehabilitation. The choice of materials shall be submitted to the City for approval as part
of the design review process.
Noise
17. MM NOISE -1: Prepare a Relocation Plan and Obtain Approval from the City for
Historic House Relocation Outside of Permitted Construction Hours: The Applicant
shall prepare a Relocation Plan and obtain approval from the City under Municipal Code
Section 18.07.110 for historic house relocation. The Relocation Plan shall include:
1. Exact procedure for cutting and dismantling the historic house, and loading on
trucks.
2. Specific routes for movement of the historic house from its existing location to 524
Oak Grove Avenue.
3. Exact procedure for setting the house in its new location.
4. Estimated duration for the various activities involved in the cutting, dismantling,
loading, and setting of the House.
5. Coordination procedures with utilities, Caltrain, and appropriate City Departments.
6. Advance Notice to residents at each project site and along the route regarding the
start and duration of power interruption.
7. Measures to reduce impacts of power outage on residents such as:
a) Power interruption phasing to reduce amount of time houses are affected.
b) Offering affected parties dry ice for freezers and refrigerators.
c) Offering generators for life support equipment.
d) Security lighting.
Approval from the City for relocating the historic house outside of permitted construction
hours would be contingent on abiding by all the best management practices required
under Condition of Approval 19, and the measures included in the Noise Management
Plan for the project. --7 f
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 19`h day
of June, 2017 by the following vote:
22
RESOLUTION NO. 67-2017
AYES: COUNCILMEMBERS: BEACH, COLSON, KEIGRHAN
NOES: COUNCILMEMBERS: ilCnE�
ABSENT: COUNCILMEMBERS: NONE
23
Hassel -Shearer,