HomeMy WebLinkAboutReso - CC - 074-2015RESOLUTION NO, 74-2015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING APPLICATIONS FOR DESIGN REVIEW, A CONDOMINIUM PERMIT,
CONDITIONAL USE PERMITS, SPECIAL PERMITS, FENCE EXCEPTION, REQUEST
FOR EARLY DEMOLITION, AND OF A VESTING TENTATIVE MAP FOR A MULTI-
FAMILY DEVELOPMENT CONSISTING OF 22 RESIDENTIAL CONDOMINIUMS AND
268 RESIDENTIAL APARTMENTS ON PROPERTY LOCATED AT 1008-1028
CAROLAN AVENUE AND 1007-1025 ROLLINS ROAD (ASSESSOR PARCEL NOS:
026-240-290, 026-240-3401 026-240-360 & 026-240-370)
WHEREAS, on March 7, 2014 SummerHill Apartment Communities filed an application with
the City of Burlingame Community Development Department — Planning Division requesting
approval of the following requests:
Design Review for a multi -family development consisting of 22 residential townhome
condominium units and 268 residential apartment units;
• Vesting Tentative Map to merge and subdivide the existing four parcels that constitute
the development site;
• A Condominium Permit to establish the 22 townhomes;
• Conditional Use Permits for the multiple family residential use and for building height for
the two apartment buildings allowing a height of up to 61 -feet, six -inches tall, where
buildings over 35 feet tall (to a maximum height of 75 feet) require a conditional use
permit;
• Special Permits for a driveway within the required 20 -foot setback along the south
property line and to allow a 34 -foot, four -inch building height for the condominium
structures where a special permit is required for buildings between 30 feet and 36 feet in
height;
• A Fence Height Exception to permit a fence with a height of a maximum height of eight -
feet for a solid fence along the south property line adjacent to the Toyon Drive
properties; and
• Authorization for early demolition of existing site improvements; and
WHEREAS, on June 23, 2014 the Planning Commission conducted a duly noticed public
hearing (design review study session/environmental scoping session) to review and comment
upon the project design and to identify subjects to be analyzed in the project Environmental
Impact Report (EIR). At that time direction was provided to the applicant for revisions to the
project design and 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 DEIR was
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RESOLUTION NO. 74-2015
circulated for public review and comment commencing on February 6, 2015 and concluding on
April 3, 2015. During the circulation period, the Planning Commission conducted a duly noticed
public hearing on March 9, 2015 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 DEIR on April 3, 2015; the FEIR containing responses to all comments
received on the DEIR was released for public review on May 15, 2015; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on May
26, 2015 at which time it considered certification of the final EIR and approval of all project
entitlements. Following consideration of all information contained in the May 26, 2015 staff
report to the Planning Commission regarding the project, all written correspondence, and all
public comments received at the public hearing, the Commission passed motions to certify the
final EIR and grant all project entitlements. Resolutions memorializing the Planning
Commissions actions were adopted at its regular meeting of June 8, 2015; and
WHEREAS, on May 21, 2015 the Mayor submitted an email to the City Clerk informing
her that she wished to have the Summerhill Apartment Communities project, including
certification of the FEIR, reviewed by the full City Council; and
WHEREAS, on June 15, 2015, the City Council conducted a duly noticed public hearing
to consider certification of the FEIR and on the project and 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 information presented at the June 15, 2015 public hearing,
the City Council hereby makes the following findings relative to each aspect of the project
application:
Design Review Findings
• The project design is compatible with the existing character of the neighborhood, in that
it mediates between the high- and low-density developments in the area to create a
continuous residential neighborhood, is well articulated and landscaped, embraces the
street and the pedestrian realm, provides pedestrian circulation within and through the
project, provides significant amenities within the development, and exhibits sensitivity to
the existing neighborhood pattern;
The project design respects 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 high
-density to low density neighborhood, and has upper top story setback so the design fits
into the setting;
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RESOLUTION NO. 74-2015
• The project design maintains 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 with entries, recessed windows
with projecting sills, trellises, porches, balconies, and -a variety of materials; and
• The project design incorporates quality materials and thoughtful design which will last
into the future, in that the building materials include brick, plaster, horizontal siding,
ornamental railings, and trellises, and high-quality windows, roofing, and paving
materials.
Vesting Tentative 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 residential use in an area identified as suitable for such use in
the Burlingame General Plan Housing Element, provides ample vehicular and pedestrian
circulation to serve the project, and is consistent with required development standards including
setbacks, lot coverage and building height.
Condominium Permit Findings:
• The project as designed represents sound community planning; the economic,
ecological, social and aesthetic qualities of the community, and on public health, safety
and general welfare in that the 22 townhome condominiums are scaled to be compatible
with adjacent existing single family dwellings, feature ample landscaping with water -
conserving features and design, provide vehicular parking access removed from public
streets, and provide a variety of dwelling types suitable to a range of households;
• The overall impact on schools, parks, utilities, neighborhoods, streets, traffic, parking
and other community facilities and resources are adequately addressed through
mitigations designed into the project and the FEIR has found there will be no significant
impacts; and
• The project is in conformance with the general plan and density permitted by zoning
regulations, in that the project provides residential units consistent with the applicable
general plan and zoning designations.
Conditional Use Permit Findings (Building Height for Apartment Buildings):
• 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,
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RESOLUTION NO. 74-2015
safety, general welfare, or convenience in that the project links together existing
residential uses on each side to create a continuous residential neighborhood, the
massing satisfies the general plan objective to provide high-density residential
development while being scaled to be compatible with existing adjacent development,
building massing steps down to adjacent streets and residences, and landscaping
provides visual enhancement and privacy;
• 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 residential
use on a properties determined to be suitable for such use in the Burlingame General
Plan Housing Element;
• The Planning Commission has imposed such reasonable conditions or restrictions as it
deems necessary to secure the purposes of the Zoning Code and to assure operation of
the use in a manner compatible with the aesthetics, mass, bulk and character of existing
and potential uses on adjoining properties in the general vicinity.
Special Permit Findings (Driveway Location and Building Height for Townhomes):
The blend of mass, scale and dominant structural characteristics of the new construction
are consistent with the existing street and neighborhood, in that the townhomes have
been scaled to be compatible with adjacent single family dwellings, the driveway is a
benefit to the transition to the adjacent single-family neighborhood, and the landscape
plan provides for extensive screening;
• The variety of roof line, facade, exterior finish materials and elevations of the proposed
new structure is consistent with the street and neighborhood, in that the that the
architectural style blends traditional and contemporary design elements to be compatible
with the street and neighborhood, including gabled roofs, plaster and lap siding, and
porches;
• The proposed project is consistent with the residential design guidelines adopted by the
city, in that it is meets design review criteria applicable to multifamily residential
development as set forth in Municipal Code Section 25.57.030(f); and
• Removal of any trees located within the footprint of any is necessary and is consistent
with the city's reforestation requirements, and the mitigation for the removal that is
proposed is appropriate, in that the 16 trees to be removed are necessary for the project
and the removal will be mitigated by the addition of 174 new trees.
Fence Height Exception:
• There are exceptional
circumstances, in
that the fence height represents a continuation
of an existing condition
initially
provided
to mitigate differences in land uses, and is a
request put forward by
adjacent
property
owners after engagement with the applicant;
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RESOLUTION NO. 74-2015
• That there is no public hazard, in that the wall will be required to obtain a Building Permit
and will be evaluated for structural integrity accordingly;
• That neighboring properties will not be materially damaged, in that the wall will utilize a
pier foundation to minimize disruption to adjoining landscaping, and that the request is
put forward by the owners of the neighboring properties;
• That the regulations cause unnecessary hardship upon the petitioner, in that the
regulations would not otherwise permit reconstruction of the existing privacy wall in a
manner to which the owners of the neighboring properties are accustomed.
Early Demolition:
There are special circumstances that exist in this instance, in that site preparation will require
the potential clean-up of contaminants. Mitigation Measures MM HAZ-1.1 through MM HAZ 1.6
identified in the EIR present special circumstances to warrant early demolition and grading in
order to prepare the required report to comply with MM HAZ-1.7, and the provision for early
demolition specific to these circumstances is incorporated into Condition #12 of this Resolution;
and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Burlingame,
that the applications for Design Review, Vesting Tentative Map, Condominium Permit,
Conditional Use Permits for building height, Special Permits for driveway location and building
height, Fence Height Exception, and Early Demolition of existing improvements 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 May 19, 2015, sheets A0.0 through A5.4, L1.1 through L6.1, and TM 1.0
through TM 8.1;
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 conons 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;
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;
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);
RESOLUTION NO, 74-2015
5, that the townhome units shall incorporate aluminum clad wood windows with divided or
simulated true divided lights;
6. that the maximum elevation at the top of the roof ridge shall not exceed elevation 61'-6"
as measured from the average elevation at the top of the curb along Carolan Avenue (9'-
6'), 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 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;
7. that the
project shall
include the following
Transportation
Demand Management
Measures
as proposed
in the project description
provided by the
applicant dated July 11,
2014:
a. Four electric vehicle charging stations
b. Preparation for ten additional electric vehicle charging stations for apartments
C. Preparation for electric vehicle charging outlet in all townhome garages
d. Provision for two -car -sharing vehicle spaces (e.g., Zipcar)
e. 134 secure guest bicycle parking spaces
f. Bike repair station
g. Tenant web portal for carpooling
h. Business center and conference room for telecommuting.
8. that as a communitv benefit. the oroiect shall include 29 "Moderate Income" rental units.
period of at least twenty. -five (25) years;
10. that the conditions of the Building Division's June 13, 2014, May 14, 2014 and March 20,
2014 memos, the Park's Division's May 25, 2014 memo, ,the Engineering Division's
June 19, 2014 memo, and the Fire Division's June 16, 2014 and March 24, 2014 memos
shall be met;
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RESOLUTION NO. 744015
11. 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 $644.609.00,
made payable to the
City
of
Burlingame and submitted
to the Planning Division;
12. 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 $644,609.00, made payable to the
City
of
Burlingame and submitted
to the Planning Division;
13. 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;
14. 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, except as provided under Condition of Approval #12 and/or unless applicant
produces evidence, to the satisfaction of the Community Development Director, that
special circumstances exist to warrant early demolition, in accordance with the
provisions of Burlingame Municipal Code Chapter 18.07.065;
15. that early demolition and grading permits shall be issued in advance of a building permit
to implement MM HAZ-1.1 through MM HAZ-1.6 in order to prepare the required report
to comply with MM HAZ-1.7. Prior to issuance of the demolition and grading permits, the
applicant will provide evidence that it is having plans prepared for the project for which
the demolition is intended;
16. 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;
17. that storage of construction materials and equipment on the street or in the public right-
of-way shall be prohibited;
18. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water
Management and Discharge Control Ordinance;
19. 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;
20. that all construction shall abide by the construction hours established in the municipal
code, with the exception that there shall be no construction activities on Sundays and
holidays;
21. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance:
22. that the applicant shall prepare a construction staging and traffic control plan for the
duration of construction for review and acceptance by the City Engineer prior to the
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RESOLUTION NO. 74-2015
issuance of a building permit; the construction staging plan shall include construction
equipment parking, construction employee parking, timing and duration of various
phases of construction and construction operations hours; the staging plan shall address
public safety and shall ensure that worker's vehicles and construction equipment shall
not be parked in public parking areas with exceptions for construction parking along the
street frontages of the project site.
23. that a construction traffic management plan shall be submitted to the City for approval
prior to the issuance of a demolition permit which addresses: (1) construction vehicle
and delivery routes to and from the project site, including streets providing the safest
access and having the least impact on existing traffic, and (2) additional traffic control
such as signals, warning signs or flaggers to facilitate vehicular and pedestrian
movement during construction activities.
The following four (4) conditions shall be met during the Building Inspection process
prior to the inspections noted in each condition:
24. that prior to scheduling the foundation inspection a licensed surveyor shall locate the
property corners, set the building envelope;
25. 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;
26. 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;
27. 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;
provjsions4
• '' Story poles shall be erected prior o construction of Ithe fence or wall indicating
the proposed height of the;fence or wall structure;
Written documentation
•
shall be provided to he Community DeveloomentiDirer.
poles and are in :agreement with the. proposed structure;
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RESOLUTION NO. 74-2015
• Should there not be maiority agreement from -ahuttinn`nrnnprty nwnprc ranarninn
the height of the fence or wall, the item will return to the Planning Commission for
further review,
gation Measures from Environmental Impact Report:
29. MM NOI-1.1: The proposed project includes a six-foot tall, acoustical glass fence at the
opening of the central courtyard along the northern boundary of the project site to shield
the outdoor use area from traffic noise along Carolan Avenue. The total length of the
proposed fence would be approximately 45.5 feet, stretching from unit 2A to unit 1G,
with approximately 3.5 feet used as an access gate.
The proposed fence shall be continuous from grade to top, with no cracks or gaps, and
have a minimum surface density of three pounds per square feet [e.g., one -inch thick
marine -grade plywood, Yz-inch laminated glass, concrete masonry units (CMU)]. A fence
height of six feet would be sufficient for reducing noise levels to 60 dBA CNEL or less.
The fence height shall be measured relative to the elevation of the central courtyard.
30. MM NOI-1.2: At the time of final site design, a qualified acoustical consultant shall
review the final site plan, building elevations, and floor plans prior to issuance of a
building permit and project construction to calculate expected interior noise levels.
Specific acoustical analyses shall be completed to confirm that the final site design
results in interior noise levels reduced to 45 dBA CNEL or lower for all floors in each
building on the project site. Buildings on the project site would need sound -rated
construction methods and building facade treatments to maintain interior noise levels at
or below acceptable levels. These treatments could include, but are not limited to,
sound -rated windows and doors, sound -rated wall constructions, acoustical caulking,
and protected ventilation openings. Implementation of these measures will result in
reductions of at least 33 dBA CNEL in interior noise levels nearest US 101 having the
worst-case noise exposure, which will achieve resulting interior noise levels of 45 dBA
CNEL or less at the units. Similarly, interior noise levels within the remaining units have
a relatively lower future noise exposures will also be maintained at or below 45 dBA
CNEL with the implementation of these measures.
The specific determination of what noise insulation treatments are necessary
shall be
conducted on a unit -by -unit basis during final design of the project. Results of the
analysis, including the description of the necessary noise control treatments, shall be
submitted to the City along with the building plans and approved design prior to issuance
of a building permit.
31. MM NOI-1.3: Building sound insulation requirements shall include the provision of
forced -air mechanical ventilation for all perimeter residential units so that windows could
be kept closed at the occupant's discretion to control noise.
RESOLUTION NO. 74-2015
Z. MM NOI-2.1: The project shall implement the following standard construction best
management practices during all phases of construction:
i Sundays`and holidays,
• Equip all internal combustion engine -driven equipment with intake and exhaust
mufflers that are in good condition and appropriate for the equipment.
• Unnecessary idling of internal combustion engines shall be strictly prohibited.
• Locate stationary noise -generating equipment, such as air compressors or
portable power generators, as far as possible from sensitive receptors. Construct
temporary noise barriers to screen stationary noise -generating equipment when
located near adjoining sensitive land uses. Temporary noise barriers could
reduce construction noise levels by five dBA.
• Utilize "quiet" air compressors and other stationary noise sources where
technology exists.
• Control noise from construction workers' radios to a point where they are not
audible at existing residences bordering the project site.
• The contractor shall prepare a detailed construction plan identifying the schedule
for major noise -generating construction activities. The construction plan shall
identify a procedure for coordination with adjacent residential land uses so that
construction activities can be scheduled to minimize noise disturbance.
• Designate a "disturbance coordinator" who would be responsible for responding
to any complaints about construction noise. The disturbance coordinator will
determine the cause of the noise complaint (e.g., bad muffler, etc.) and will
require that reasonable measures be implemented to correct the problem.
Conspicuously post a telephone number for the disturbance coordinator at the
construction site and include in it the notice sent to neighbors regarding the
construction schedule.
Air Quality
33. MM AIR -1.1:
The project shall
implement
the
following standard BAAQMD dust control
measures
during all phases of
construction
on
the project site:
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shall be watered two times per day.
• All haul trucks transport
ing soil, sand, or other loose material off-site shall be
covered.
RESOLUTION NO. 74-2015
• All visible mud or dirt track -out 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.
• All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).
• 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.
• Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to five 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.
• 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.
A publicly visible sign shall be posted with the telephone number and person to
contact at the City of Burlingame regarding dust complaints. This person shall
respond and take corrective action within 48 hours. The Bay Area Air Quality
Management Air District's phone number shall also be visible to ensure
compliance with applicable regulations
34. MM AIR -2.1: All diesel -powered off-road equipment larger than 50 horsepower and
operating at the site for more than two days continuously shall meet US EPA particulate
matter emission standards for Tier 2 engines or equivalent.
35. MM AIR -2.2: All portable pieces of construction equipment (i.e., air compressors,
cement mixers, concrete/industrial saws, generators, and welders) shall meet US EPA
particulate matter emissions standards for Tier 4 engines or equivalent.
36. MM AIR -2.3: Avoid staging diesel -powered equipment within 100 feet of adjacent
residences.
37. MM AIR -3.1: Install air filtration for residential units that have predicted cancer risks in
excess of 10 in one million or PM2.5 concentrations above 0.3 micrograms per cubic
meter (Ng/m3) from either US 101 or the Caltrain rail line. Air filtration devices shall be
rated MERV13 or higher. To ensure adequate health protection to sensitive receptors, a
ventilation system shall meet the following minimal design standards (Department of
Public Health, City and County of San Francisco, 2008):
• A MERV13 or higher rating;
• At least one air exchanges(s) per hour of fresh outside filtered air; and
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RESOLUTION NO. 74-2015
• At least four air exchange(s) per hour recirculation.
Alternately, at the approval of the City, equivalent control technology may be
used if it is shown by a qualified air quality consultant or heating, ventilation, and
air conditioning (HVAC) engineer that it would reduce risk below significance
thresholds.
38. MM AIR -3.2: Require an ongoing maintenance plan for the buildings' HVAC air filtration
system. Recognizing that emissions from air pollution sources are decreasing, the
maintenance period shall last as long as significant excess cancer risk or annual PM2.5
exposures are predicted. Subsequent studies shall be conducted by an air quality expert
approved by the City to identify the ongoing need for the filtered ventilation systems as
future information becomes available.
39. MM AIR -3.3: Ensure that the lease agreement and other property documents (e.g.,
CC&Rs):
• Require cleaning, maintenance, and monitoring of the affected units for air flow
leaks;
• Include assurance that new owners and tenants are provided information on the
ventilation system; and
• Include provisions that fees associated with owning or leasing a units) in the
building include funds for cleaning, maintenance, monitoring, and replacements
of the filters, as needed.
40. MM AIR -3.4: Require that, prior to building occupancy, an authorized air pollutant
consultant or HVAC engineer verify the installation of all necessary measures to reduce
toxic air contaminant (TAC) exposure.
41. MM AIR -3.5: The
type
of MERV-rated filtration
required to be
installed as part of the
ventilation system
in the
residential building shall
be as follows:
• A minimum of MERV13 shall be installed unless the increased cancer risk can be
demonstrated to be less than 10 in one million; and
• MERV16 filtration shall be utilized for areas where the increased cancer risk is
greater than 20.0 in one million for unmitigated cancer risks.
• Note that PM2.5 concentrations at all sensitive receptor locations across the site
would also be reduced to a level of less than significant by using MERV13 and
MERV16 filters necessary to mitigate excess cancer risk.
Biological Resources
42. MM BIO -1.1: Avoidance and Inhibit Nesting. Construction and tree removal/pruning
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RESOLUTION NO. 74-2015
activities shall be scheduled to avoid the nesting season to the extent feasible. If
feasible, tree removal and/or pruning shall be completed before the start of the nesting
season to help preclude nesting. The nesting season for most birds and raptors in the
San Francisco Bay area extends from 1 February through 31 August.
43. MM BIO -1.2: Pre construction Survev(s). If it is not possible to schedule construction
activities between 1 September and 31 January then a qualified ornithologist shall
conduct a preconstruction survey to identify active bird nests that may be disturbed
during project construction. This survey shall be completed no more than seven (7) days
prior to the initiation of demolition/construction activities (including tree removal and
pruning). During this survey, the ornithologist shall inspect all trees and other possible
nesting habitats in and immediately adjacent to the construction areas for nests.
If the survey does not identify any nesting birds that would be affected by construction
activities, no further mitigation is required.
If an active nest is found sufficiently close to work areas to be disturbed by these
activities, the ornithologist (in consultation with the CDFW) shall designate a
construction -free buffer zone (typically 300 feet for raptors and 100 feet for non -raptors)
to be established around the nest to ensure that no nests of species protected by the
FMBTA and California Fish and Game Code will be disturbed during construction
activities. The buffer shall remain in place until a qualified ornithologist has determined
that the nest is no longer active.
44. MM BIO -1.3: Reporting. A final report on nesting birds and raptors, including survey
methodology, survey date(s), map of identified active nests (if any), and protection
measures (if required), shall be submitted to the Planning Manager and be completed to
the satisfaction of the Community Development Director prior to the start of grading.
Cultural Resources
45. MM CUL -1.1: Uniaue Paleontological and/or Geologic Features and Reporting. Should a
unique paleontological resource or site or unique geological feature be identified at the
project site during any phase of construction, all ground disturbing activities within 25
feet shall cease and the City Planning Manager notified immediately. A qualified
paleontologist shall evaluate the find and prescribe mitigation measures to reduce
impacts to a less than significant level. The identified mitigation measures shall be
implemented. Work may proceed on other parts of the project site while mitigation for
paleontological resources or geologic features is carried out. Upon completion of the
paleontological assessment, a report shall be submitted to the City and, if
paleontological materials are recovered, a paleontological repository, such as the
University of California Museum of Paleontology.
46. MM CUL -1.2: Undiscovered Cultural Resources. A testing program to assess the
potential presence or absence of undiscovered cultural resources shall be implemented
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RESOLUTION NO. 74-2015
by a qualified archaeologist after all buildings and other materials obscuring the ground
surface have been removed, but before any construction related grading or trenching, in
order to search for possible buried archaeological resources.
In the event archaeological deposits are discovered, work shall be halted within a
sensitivity zone to be determined by the archaeologist. The archaeologist shall prepare a
plan for evaluation of the resource to the California Register and submit the plan to the
City's Planning Manager for review and approval prior to any construction related
earthmoving within the identified zone of archaeological sensitivity. The plan shall also
nclude appropriate recommendations regarding the significance of the find and the
appropriate mitigation. The identified mitigation shall be implemented and can take the
form of limited data retrieval through hand excavation coupled with continued
archaeological monitoring inside of the archaeologically sensitive zone to ensure that
significant data and materials are recorded and/or removed for analysis. Monitoring also
serves to identify and thus limit damage to human remains and associated grave goods.
47. MM CUL -1.3: Human Remains. Pursuant to Section 7050.5 of the Health and Safety
Code and Section 5097.94 of the Public Resources Code of the State of California, in
the event of the discovery of human remains during construction, there shall be no
further excavation or disturbance of the site within a 100 -foot radius of the remains or
any nearby area reasonably suspected to overlie adjacent remains. The San Mateo
County Coroner shall be notified and shall make a determination as to whether the
remains are Native American. If the Coroner determines that the remains are not subject
to his authority, he shall notify the Native American Heritage Commission within 24
hours. The Native American Heritage Commission shall attempt to identify descendants
of the deceased Native American. If no satisfactory agreement can be reached as to the
disposition of the remains pursuant to this State law, then the land owner shall re -inter
the human remains and items associated with Native American burials on the property in
a location not subject to further subsurface disturbance.
48. MM CUL -1.4: Report of Archaeological Resources. If archaeological resources are
dentifiedI a final report summarizing the discovery of cultural materials shall be
submitted to the City's Planning Manager prior to issuance of building permits. This
report shall contain a description of the mitigation program that was implemented and its
results, including a description of the monitoring and testing program, a list of the
resources found and conclusion, and a description of the disposition/curation of the
resources.
Hazardous Materials
49. MM HAZ-1.1: Thirty-two above ground lifts were noted in the auto servicing areas of
CalBay Collision, Anchor Auto Body &Detailing, Hyundai of Burlingame, Chilton Auto
Body, Topline Automobile, and Cammisa Motor Car Company. Seven below ground lifts
were observed inside the auto servicing area of CalBay Collision. Two above -ground
auto lifts, two capped grouted lifts and six former lifts were noted at Chilton auto body.
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RESOLUTION NO, 74-2015
The existing lifts shall be removed in accordance with local regulations. Selective
sampling shall also be conducted to confirm that residual contamination, if present, does
not exceed residential ESLs and RSLs.
50. MM HAZ-1.2: A Health and Safety an (HSP) shall be developed to establish
appropriate protocols for working in contaminated materials. Workers conducting Site
investigation and earthwork activities in areas of contamination shall complete a 40 -hour
HAZWOPER training course (29 CFR 1910.120 1), including respirator and personal
protective equipment training. Each contractor will be responsible for the health and
safety of their employees as well as for compliance with all applicable federal, state, and
local laws and guidelines. This document shall be provided to the City and the oversight
agency prior to issuance of demolition and grading permits.
51. MM HAZA.3: A Ground Water Management Plan shall be prepared to evaluate water
quality and discharge/disposal alternatives; the pumped water shall not be used for on-
site dust control or any other on-site use. If long-term dewatering is required, the means
and methods to extract, treat and dispose of ground water also shall be presented.
52. MM HAZ-1.4: Some components encountered as part of the building demolition waste
stream may contain hazardous materials. Universal wastes, lubrication fluids, CFCs, and
HCFC's shall be removed before structural demolition begins. Materials that may result
in possible risk to human health and the environment when improperly managed include
lamps, thermostats, and light switches containing mercury; batteries from exit signs,
emergency lights, and smoke alarms; lighting ballasts which contain PCBs; and lead
pipes and roof vent flashings. Demolition waste such as fluorescent lamps, PCB
ballasts, lead acid batteries, mercury thermostats, and lead flashings have special case-
by-case requirements for generation, storage, transportation, and disposal. Before
disposing of any demolition waste, the Owner, Developer and Demolition Contractor
shall determine if the waste is hazardous and shall ensure proper disposal of waste
materials.
53. MM HAZ-1.5: Significant quantities of asphalt concrete (AC) grindings, aggregate base
(AB), and Portland Cement Concrete (PCC) will be generated during demolition
activities. AC/AB grindings shall not be reused beneath building areas.
54. MM HAZ-1.6: During demolition and construction activities, contaminated material may
be encountered. A Soil Management Plan (SMP), prepared by ENGEO, establishing
management practices for handling contaminated soil, groundwater, or other materials
for the site has been approved by the San Mateo County Environmental Health
Department. The SMP (refer to Appendix H) includes the following protocols and safety
measures:
• ENGEO will provide full-time observation services during demolition and grading
activities. Soils encountered across the entire property will be observed for
discoloration/staining or olfactory evidence of contaminant impacts, with
particular attention given to the location of identified soil impacts. In the event
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RESOLUTION NO. 74-2015
unforeseen environmental conditions, such as those listed above, are
encountered during demolition and pre -grading work, the site SMP shall be
implemented.
• Once the buildings on-site have been demolished and the debris removed from
the site, the soil beneath the buildings in the area of the planned underground
parking structure will be characterized for removal to the appropriate landfill. The
findings from this study will be used to begin to quantify the soil for the various
disposal options prior to beginning the excavation. Refer to the SMP in Appendix
H for a full methodology on soil characterization.
• Primarily, visual and olfactory evidence will be used to screen for contaminated
soil; however, a photo -ionization detector (PID) will also be used to further screen
soils for potential contaminates, as well as ambient air during excavation work.
The specific locations of air monitoring will be field -adjusted based on potential
access and safety limitations, but will generally include within the excavation
area, along with the perimeter of the excavation. PID readings will generally be
taken at least every hour and whenever suspect material is encountered. Refer
to Appendix H for a complete methodology of the PID screenings.
With regard to ambient air screening, any PID reading for volatile organics that is
10 ppm above background for more than three minutes will result in a stop work
order. Background shall be determined at the beginning of the day prior to
excavation activities. Work shall not continue until PID readings have attenuated
below the action level.
The PID will provide real-time data on the presence of potentially hazardous
compounds to provide for proper selection of Personnel Protection Equipment
(PPE). The initial PPE will be Level D (modified) which includes safety glasses,
hard hat, steel -toed boots, gloves, hearing protection, and high visibility vests. In
the unlikely event significant unforeseen environmental conditions are
discovered, work shall stop and San Mateo County Environmental Health will be
contacted.
A primary and
backup
PID unit will be maintained
onsite for the duration of
fieldwork. Each
unit will
be fully charged and calibrated
daily.
Work activities shall be conducted Monday through Friday between 7:00 AM and
6:00 PM. Excavation will be performed using a combination of scrapers,
backhoes, track -mounted excavators and/or loaders. The contractor will adhere
to OSHA guidelines. If excavations require shoring, it will be provided by the
contractor.
• The development will include an engineered cut of up to six (6) to nine (g) feet
below the ground surface in the northern portion of the site for the construction of
the underground parking. Prior to beginning the excavation, the soil in the
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RESOLUTION NO. 74-2015
planned excavation area will be characterized to determine the appropriate
disposal options and to allow for excavation and off -haul without first stockpiling
on site.
A PID will be used to screen soils during the excavation. Also, if soils exhibiting
evidence of environmental impact (e.g., odor or staining) are identified at the
proposed margins or bottom of the excavation, the excavation shall be advanced
to a greater depth and/or lateral dimension as appropriate until impacted soils
exhibiting evidence of impact have been removed.
55. MM HAZ-1.7: Upon completion of the soil excavation, confirmation sampling and
backfill, a final report documenting work for submittal to the County of San Mateo
Environmental Health Department. The report will include details regarding soil
excavation, sampling, and landfill disposal documentation.
56. MM HAZ-1.8: A permit may be required for facility closure (i.e., demolition, removal, or
abandonment) of any facility or portion of a facility (e.g., lab) where hazardous materials
are used or stored. The Property Owner and/or Developer shall contact the Fire
Department and San Mateo County Environmental Health Department to determine
facility closure requirements prior to building demolition.
57. MM HAZ-1.9: Due to the age of the on-site structures, building materials may contain
asbestos. Because demolition of the buildings is planned, an asbestos survey is required
by local authorities and/or National Emissions Standards for Hazardous Air Pollutants
(NESHAP) guidelines. NESHAP guidelines require the removal of potentially friable
asbestos containing building materials prior to building demolition or renovation that may
disturb these materials.
58. MM HAZ-1.10: The Consumer Product Safety Commission banned the use of lead as
an additive in paint in 1978. Based on the age of the buildings, lead-based paint may be
present. Because demolition is planned, the removal of lead-based paint is not required
if it is bonded to the building materials. However, if the lead-based paint is flaking,
peeling, or blistering, it shall be removed prior to demolition. In either case, applicable
OSHA regulations must be followed; these include requirements for worker training, air
monitoring and dust control, among others. Any debris or soil containing lead must be
disposed appropriately.
Geology
59. MM GEO-1.1: The project shall be designed and constructed in conformance with the
recommendations in the design -level geotechnical report prepared for the project and
peer review (see Appendix 1), which includes the removal and replacement of
undocumented fill with engineered fill; measures addressing construction dewatering,
hydrostatic uplift, and building waterproofing; and seismic design standards.
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RESOLUTION NO, 74-2015
Terry Nagel, Mayo
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing
resolution was adopted at a regular meeting of the City Council held on the 6th day of July,
2015 by the following vote:
AYES: COUNCILMEMBERS: BROWNRIGG, KEIGHRAN, NAGEL, ORTIZ, ROOT
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS:NONE
ity Clerk