Loading...
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.