HomeMy WebLinkAboutReso - CC - 097-2014RESOLUTION NO. 97.9n14
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING
APPLICATIONS FOR DESIGN REVIEW AND CONDITIONAL USE PERMITS FOR
CONSTRUCTION OF A FIVE AND SIX -STORY, 132 -UNIT ASSISTED LIVING AND MEMORY
CARE FACILITY AT 1600 TROUSDALE DRIVE
RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT:
WHEREAS, on September 221 20141 the Planning Commission made a
recommendation to the City Council for approval of requests for applications for Design Review
and Conditional Use Permits for an assisted living and memory care facility and building height
for construction of a five and six -story, 132 -unit assisted living and memory care facility at 1600
Trousdale Drive (APN: 025-121-031 and 025-121-032), owned by Peninsula Health Care
District; and
WHEREAS, the City Council considered public comment on the project on October 20,
2014 and conducted a public hearing on November 3, 2014; considered all information
contained in the written and oral staff reports, the environmental assessment of the project, and
all written and oral testimony received during the public hearing. Following the conclusion of the
public hearing, the City Council moved to approve the requests for Design Review and
Conditional Use Permits for an assisted living and memory care facility and building height.
NOW, THEREFORE, ITIS RESOLVED AND DETERMINED BY THE CITY COUNCIL THAT:
Said Design Review and Conditional Use Permits are approved by the City Council subject
to the conditions set forth in the following pages. Findings for such Design Review and
Conditional Use Permits are set forth in the staff report, minutes, and recording of said
meeting.
2. It is further directed that a certified copy of this resolution be recorded in the official
records of the County of San Mateo.
Michael
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the regoing
resolution was introduced and adopted at a regular meeting of the City Council held n the 3rd
day of November, 2014, by the following vote:
AYES: COUNCILMEMBERS:BROWNRIGG,
REIGI3RAN,NAGEL,ORTIZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
RECUSED: COUNCILMEMBER: ROOT
iA^lg4
Mary Ellen Kearney, City Clerk
RESOLUTION NO,
1600 TROUSDALE DRIVE —132 -UNIT ASSISTED LIVING/MEMORY CARE FACILITY
(Approved by City Council: November 3, 2014)
Conditions of Approval:
that the assisted living and memory care facy shall be built as shown on the plans
submitted to the Planning Division date stamped October 28, 2014, sheets GO.1 through
31.31 C1.00 through C3.00, L0.01 through L5.01, AD2.1.1 and A0.1 through A7.2.2;
2. that a building permit for the project shall not be issued until 30 days after adoption of
the Ordinance amending Title 25 of the Burlingame Municipal Code (Zoning Ordinance)
related to building heights within the Trousdale West (TW) Zoning District;
3. that .prior to issuance of a building permit, the applicant shall consult with the City
Arborist to choose a tree species for the two street trees flanking the front entry of the
building;
4. to minimize damage to public sidewalks, a root barrier and a deep root watering system
shall be installed at every street tree located within the right-of-way along Trousdale
Drive and Magnolia Avenue; details for the root barriers and deep root watering system
shall be included in the plan set and shall be reviewed and approved by the City Arborist
prior to issuance of a building permit;
5. 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;
6. 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;
7. 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);
8. that the 44 on-site parking spaces shall be used only for the residents, visitors and
employees of the assisted living and memory care facility and shall not be leased or
rented for storage of automobiles or goods either by businesses on this site or by other
businesses for off-site parking;
9. that a "Right Turn Only" sign shall be installed at the exit point along Trousdale Drive to
clearly define the vehicular direction for drivers exiting the site; prior to issuance of a
building permit, the applicant shall work with the City's traffic engineer to determine the
required signage and location on the property;
10. that card
reader/intercom
system shall
be installed in the
driveway off Trousdale Drive a
minimum
20'-0' back from
the property
line;
2
RESOLUTION NO.
11. that the conditions of the Building Division's January 23, 2014 and October 11, 2013
memos, the Engineering Program Manager's March 26, 2014 memo, the Engineering
Division's March 27, 2014, February 12, 2014 and November 14, 2013 memos, the
Parks Division's March 17, 2014, January 23, 2014 and November 7, 2013 memos, the
Fire Division's January 22, 2014 and October 17, 2013 memos, and the Stormwater
Division's April 16, 2014 and February 13, 2014 memos shall be met;
12. that if the structure is demolished or the envelope changed at a later date the conditional
use permits as well as any other exceptions to the code granted here will become void;
13. 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 $81,989.60, made payable to the
City of Burlingame and submitted to the Planning Division;
14. 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 $81,989.60, made payable to the
City of Burlingame and submitted to the Planning Division;
15. that prior to issuance of a building permit for the project, the applicant shall pay the first
half of the North Burlingame/Rollins Road Development fee in the amount of $34,474.79,
made payable to the City of Burlingame and submitted to the Planning Division;
(Planning)
16. that prior to scheduling the final framing inspection, the applicant shall pay the second
half of the North Burlingame/Rollins Road Development fee in the amount of $34,474.79,
made payable to the City of Burlingame and submitted to the Planning Division;
17. 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;
18. 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;
19. that during cons'ruction, 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;
20. that storage of construction materials and equipment on the street or in the public right-
of-way shall be prohibited;
21. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water
Management and Discharge Control Ordinance;
RESOLUTION NO.
22. 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 five (5) conditions shall be met during the Building Inspection process
prior to the inspections noted in each condition;
23, that prior to scheduling the foundation inspection a licensed surveyor shall locate the
property corners, set the building envelope;
24. that prior to the underfloor frame inspection the surveyor shall certify the first floor
elevation of the new structure;
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;
Mitigation Measures from Initial Study
Air Quality
28. The project applicant shall ensure that construction plans include the BAAQMD Best
Management Practices for fugitive dust control. The following will be required for all
construction activities within the project area. These measures will reduce fugitive dust
emissions primarily during soil movement, grading and demolition activities, but also
during vehicle and equipment movement on unpaved project sites:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c. 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.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All streets, 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.
RESOLUTION NO.
f. Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of CCR). Clear signage
shall be provided for construction workers at all access points.
g. 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 Lead Agency regarding dust complaints. This person shall respond
and take corrective action within 48 hours. BAAQMD's phone number shall also be
visible to ensure compliance with applicable regulations.
29. The project applicant shall ensure that construction contract specifications include a
requirement that all off-road diesel -powered construction equipment used for project
improvements be equipped with a Level 3 Verified Diesel Emissions Control (VDEC),
which would reduce diesel particulate emissions by at least 85 percent.
Biological Resources
30. If construction or vegetation removal is initiated during nesting bird season, between
February 1 and August 31 annually, the project applicant shall hire a qualified biologist to
survey the project site for active nests. If active nests are observed, no -work buffer
zones will be established around trees/shrubs/structure with nests, with a buffer size
established by the qualified biologist through consultation with the appropriate regulatory
agency (e.g., CDFVV). Buffer zones will be avoided during construction activities until
young have fledged or the nest is otherwise abandoned.
31. The project applicant shall reduce impacts associated with accidental damage caused to
existing off-site trees (for example, the accidental cutting of branches or roots) during
construction activity. Any damaged off-site trees will be mitigated for using a 1:1 planting
replacement ratio. Any damaged trees will be replaced by an approved replacement
species per City of Burlingame, Urban Forest Management Plan (City of Burlingame,
2009).
Cultural Resources
32. The project applicant, in consultation with City staff and a Secretary of the Interior -
qualified archaeologist, shall undertake archaeological testing following aemolition of the
existing building on the site but prior to any ground disturbing activities associated with
the project. Testing shall involve boring and/or trenching of the site, at locations
determined appropriate by the archaeologist, to determine whether site constituents
associated with CA -SMA -74 are located at the project site, and would thereby ensure
proper treatment of significant archaeological resources and reduce work stoppages
resulting from archaeological finds. If testing reveals the presence of archaeological
resources associated with CA -SMA -74, or other resources, the archaeologist would
determine whether the identified resources are California Register -eligible and therefore
considered significant under CEQA. If the resources are significant, the archaeologist
would consult with the project applicant and the appropriate Native American
representative to determine whether avoidance of significant archaeological resources is
feasible. Consistent with CEQA Guidelines Section 15126.4(b)(3), this may be
RESOLUTION NO.
accomplished through: planning construction to avoid the resource; incorporating the
resource within open space; capping and covering the resource; or deeding the site into
a permanent conservation easement. If avoidance is not feasible, the qualified
archaeologist, in consultation with the appropriate Native American representative, will
design and implement an Archaeological Research Design and Treatment Plan
(ARDTP), including systematic data recovery, interpretive/public outreach efforts, and
recommendation for additional requirements, including archaeological and Native
American monitoring during project implementation, as set forth in Mitigation Measure
3UL-1b. If archaeological testing reveals no presence of significant archaeological
resources, the project sponsor shall implement Mitigation Measure CUL -1c, which calls
for the appropriate handling and treatment of archaeological resources that may be
accidentally encountered during project excavation and construction.
33. Prior to authorization to proceed, or issuance of permits, the project proponent will retain
a Secretary of the Interior -qualified archaeologist to design and implement an
Archaeological Research Design and Treatment Plan (ARDTP) to recover important
archaeological resources that may be present in the project site. The ARDTP shall
identify how the proposed data recovery program will preserve the significant information
the archaeological resource is expected to contain. The ARDTP will identify what
scientific/ historical research questions are applicable to the expected resource, what
data classes the resource is expected to possess, and how the expected data classes
would address the applicable research questions. Data recovery, in general, shall be
limited to the portions of the historical property that could be adversely affected by the
proposed project. Destructive data recovery methods shall not be applied to portions of
the archaeological resources if nondestructive methods are practical. The ARDTP shall
include the following elements:
a. Field Methods and Procedures. Descriptions of proposed field strategies,
procedures, and operations.
b. Cataloguing and Laboratory Analysis. Description of selected cataloguing system
and artifact analysis procedures.
c. Discard and Deaccession Policy. Description of and rationale for field and post -
field discard and deaccession policies.
d. Interpretive Program. Consideration of an on-site/off-site public interpretive
program during the course of the archaeological data recovery program.
e. Security Measures. Recommended security measures to protect the
archaeological resource from vandalism, looting, and non -intentionally damaging
activities.
f. Final Report
. Description of proposed report format and distribution of results.
g. Curation. Description of the procedures and recommendations for the curation of
any recovered data having potential research value, identification of appropriate
curation facilities, and a summary of the accession policies of the curation
facilities.
Once the ARDTP is approved, the archaeologist shall implement the data recovery
investigation and/or other treatment, consistent with the ARDTP. A Native American
representative will be present during all ground -disturbing activities associated with the
RESOLUTION NO.
data recovery effort. Upon completion of the data recovery and treatment efforts, the
archaeologist will prepare an Archaeological Data Recovery Report (ADRR). The ADRR
shall include:
the archaeological and historical research methods employed in the
archaeological data recovery program;
a full artifact catalog, analysis of items collected, and results of any special
studies conducted;
interpretations of the resource within a regional and local context;
k. potential avenues of public outreach including exhibit displays; public lectures or
lecture series; site visits to ongoing archaeological excavations; popular -level
articles, books, or pamphlets describing area history; news releases to local
venues; and/or website updates, website "exhibits," and interactive websites
combined with activities and timelines; and
recommendations for pre -construction archaeological sensitivity training for all
project personnel, as well as archaeological and Native American monitoring to
the extent deemed appropriate by the qualified archaeologist who carried out the
work.
Once approved, copies of the final confidential ADRR shall be submitted to the
appropriate Native American representative Northwest Information Center of the
California Historical Resources Information System, the project applicant, the City of
Burlingame, and interested professionals.
34. If prehistoric or historic -period archaeological resources are encountered, all
construction activities within 100 feet would halt and the City of Burlingame would be
notified. Prehistoric archaeological materials might include obsidian and chert flaked -
stone tools (e.g., projectile points, knives, scrapers) or toolmaking debris; culturally
darkened soil ("midden") containing heat -affected rocks, artifacts, or shellfish remains;
and stone milling equipment (e.g., mortars, pestles, handstones, or milling slabs); and
battered stone tools, such as hammerstones and pitted stones. Historic -period materials
might include stone, concrete, or adobe footings and walls; filled wells or privies; and
deposits of metal, glass, and/or ceramic refuse. A Secretary of the Interior -qualified
archaeologist would inspect the findings within 24 hours of discovery. If it is determined
that the project could damage a historical resource or a unique archaeological resource
(as defined pursuant to the CEQA Guidelines), mitigation would be implemented in
accordance with PRC Section 21083.2 and Section 15126.4 of the CEQA Guidelines,
with a preference for preservation in place. Consistent with Section 15126.4(b)(3), this
may be accomplished through planning construction to avoid the resource; incorporating
the resource within open space; capping and covering the resource; or deeding the site
into a permanent conservation easement. If avoidance is not feasible, a qualified
archaeologist would prepare and implement a detailed treatment plan in consultation
with the City of Burlingame. Treatment of unique archaeological resources would follow
the applicable requirements of PRC Section 21083.2. Treatment for most resources
would consist of (but would not be not limited to) sample excavation, artifact collection,
site documentation, and historical research, with the aim to target the recovery of
important scientific data contained in the portion(s) of the significant resource to be
impacted by the project. The treatment plan would include provisions for analysis of data
7
RESOLUTION NO.
in a regional context, reporting of results within a timely manner, CUM= of artifacts and
data at an approved facility, and dissemination of reports to local and state repositories,
libraries, and interested professionals.
35. In the event of the discovery of human remains during archaeological data recovery,
monitoring, or construction activity, there shall be no further excavation or disturbance of
within 100 feet of the find or any nearby area reasonably suspected to overlie adjacent
remains. The San Mateo County Coroner shall be notified by the project applicant 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, who will 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 State law, then the landowner shall reinter the
human remains and items associated with Native American burials on the property in a
location not subject to further subsurface disturbance.
Hazards and Hazardous Materials
36. Prior to issuance of a demolition permit, the project applicant shall retain a state certified
contractor to conduct pre -demolition surveys of the existing structure for the presence of
asbestos and lead-based paint. If these materials are identified to be present in the
surveys, they shall be removed by state -certified contractors according to applicable
regulations and disposed of as hazardous waste in accordance with the requirements of
the state licensed receiving facility.
Noise
37. The project applicant shall include sound -rated assemblies (i.e., windows, exterior doors,
and walls) as described in the Environmental Noise Study Draft to achieve acceptable
interior noise levels (45 dBA DNL/CNEL) in proposed residences. In addition, an
alternative means of providing outside air (i.e., HVAC, Z -ducts) to habitable spaces is
required since windows must be closed to achieve the interior criterion in units along
Trousdale Drive and Magnolia Avenue, where sound -rated windows are required. A
qualified acoustical engineer must review the design as it is developed to refine the
specific STC ratings once the building design and site layout has been approved.
38. The project applicant shall require construction to comply with the City of Burlingame
Municipal Code operational hour limits, specifically restricting construction activities to the
hours of 7:00 a.m. and 7:00 p.m. on weekdays, 9:00 a.m. to 6:00 p.m. on Saturdays, and
10:00 a.m. to 6:00 p.m. on Sundays and holidays.
39. To reduce daytime noise impacts due to construction, the project applicant shall require
construction contractors to implement the following measures:
a. Equipment and trucks used for project construction will utilize the best available
noise control techniques, such as improved mufflers, equipment redesign, use of
intake silencers, ducts, engine enclosures and acoustically -attenuating shields or
shrouds, wherever feasible.
b. Impact tools (i.e., jack hammers, pavement breakers, and rock drills) used for
project construction shall be hydraulically or electrically powered wherever
possible to avoid noise associated with compressed air exhaust from
pneumatically powered tools. However, where use of pneumatic tools is
RESOLUTION NO.
unavoidable, an exhaust muffler on the compressed air exhaust will be used; this
muffler can lower noise levels from the exhaust by up to about 10-d BA. External
jackets on the tools themselves will be used where feasible, and this could
achieve a reduction of 5-d BA. Quieter procedures will be used, such as drills
rather than impact equipment, whenever feasible.
c. Stationary noise sources will be located as far from adjacent receptors as
possible, and they will be muffled and enclosed within temporary sheds,
incorporate insulation barriers, or other measures to the extent feasible.
d. Signs will be posted at the construction site that include permitted construction
days and hours, a day and evening contact number for the job site, and a contact
number with the City of Burlingame in the event of noise complaints. The project
applicant will designate an onsite complaint and enforcement manager to track
and respond to noise complaints.
Transportation and Traffic
40. The project applicant and its construction contractors) will develop a construction
management plan for review and approval by the City of Burlingame. The plan will
include at least the following items and requirements to reduce, to the maximum extent
feasible and traffic 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; and
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.