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HomeMy WebLinkAboutReso - CC - 010-2010RESOLUTION NO. 10-2010 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, ADOPTING A MITIGATED NEGATIVE DECLARATION, AND APPROVING APPLICATIONS FOR COMMERCIAL DESIGN REVIEW, EL CAMINO SETBACK VARIANCE, CONDITIONAL USE PERMITS FOR HEIGHT, 24-HOUR OPERATION OF A GROCERY STORE, AND SALE OF ALCOHOLIC BEVERAGES AND TAKE-OUT SERVICES, AND TENTATIVE AND FINAL PARCEL MAP FOR LOT COMBINATION AND RESUBDIVISION FOR REPLACEMENT OF THE EXISTING SAFEWAY AND DRUG STORE WITH A NEW GROCERY STORE, A NEW RETAIL/OFFICE BUILDING AND RENOVATION OF AN EXISTING BUILDING RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT: WHEREAS, on January 11, 2010, the Planning Commission made a recommendation to the City Council for approval of requests for a Mitigated Negative Declaration, applications for Commercial Design Review, EI Camino Setback Variance, Conditional Use Permits for height, 24-hour operation of a grocery store, and sale of alcoholic beverages and take-out services, and Tentative Parcel Map for lot combination and resubdivision for replacement of the existing Safeway and drug store with a new grocery store, a new retail/office building and renovation of an existing building at 1420-1450 Howard and 249 Primrose Road (APNs: 029-201-190, -200, -270 & -280), and owned by Safeway, Inc.; and WHEREAS, the City Council conducted a public hearing on February 1, 2010; 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 adopt the Mitigated Negative Declaration and approving the requests for Commercial Design Review, EI Camino Setback Variance, Conditional Use Permits for height, 24-hour operation of a grocery store, and sale of alcoholic beverages and take-out services, and Tentative Parcel Map for lot combination and resubdivision. NOW, THEREFORE, IT IS RESOLVED AND DETERMINED BY THE CITY COUNCIL THAT: On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by the City Council, it is hereby found that there is no substantial evidence that the project set forth above will have a significant effect on the environment, and mitigated negative declaration, per Mitigated Negative Declaration No. ND -551 P is hereby approved. 2. Said Mitigated Negative Declaration, Commercial Design Review, EI Camino Real Setback Variance, Conditional Use Permits, are approved by the City Council subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Mitigated Negative Declaration, Commercial Design Review, EI Camino Real Setback Variance, Conditional Use Permits are set forth in the staff report, minutes, and recording of said meeting. Said Vesting Tentative and Final Parcel Map for lot combination of and resubdivision of portions of five parcels is hereby approved. 1420-1450 Howard Avenue & 249 Pnmose Road 1 of 2 RESOLUTION NO. 4. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. &U—A fi-pl� Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the City Council held on the 1st day of February, 2010, by the following vote: AYES: COUNCILMEMBERS: BAYLOCR, BROWNRIGG, DEAL, REIGHRAN, NAGEL NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE City CI rk 1420-1450 Howard Avenue and 249 Pn.ae Road 2 of 2 EXHIBIT "A" 1420-1450 Howard Avenue and 249 Primrose Road Conditions of Approval for Mitigated Negative Declaration, Commercial Design Review, EI Camino Setback Variance and Conditional Use Permits (Effective February 1, 2010) Conditions of Approval: that the project shall be built as shown on the plans Division date stamped December 23, 2009, sheets A0. L0.1 through L1.2; and revised sheets A1.1, A1.2 January 11, 2010; submitted to the Planning 1 through A5.3 and sheets and L1.1 date stamped 2. that the following refinements shall be included in the plans submitted for building permits for the project: a. The paving material to be used for the pedestrian pathways shall be scored colored concrete; b. The no parking area in the truck turnaround area shall be identified with a red curb; C. The site lighting shall be provided as shown on the plans date stamped December 23, 2009, and the design shall substantially confo.rm with the details shown on the materials board shown to the City Council on February 1, 2010; d. The trash enclosures shall be designed as shown on the conceptual drawings submitted by Lowney Architecture dated January 20, 2010, and shall include green screen vines covering the walls; e. The gateway feature shall be designed as shown on the design concept drawings presented to the City Council on February 1, 2010, and shall include a stone seat wall with halo -lit street name signage, a low vine wall to screen parking, a fountain with uplighting, a boulder plaque commemorating the De Anza Expedition, and a backdrop of low shrubs and three Forest Green Oak trees; f. Additional shopping cart storage shall be provided within the parking lot and in the roof top parking area as shown in the design concept drawings presented to the City Council on February 1, 2010; and g. The rear of the building facing City Parking Lot K shall include green screen vines planted in triangular pockets within Lot K, as shown on the design concept drawings presented to the City Council on February 1, 2010, and subject to obtaining an encroachment permit from the Public Works Department for the vine planters; h. A vine green screen to match the screen along EI Camino Real shall be added adjacent to the loading dock to provide screening of the loading dock; i. If it is structurally feasible, shading structures planted with vines shall be provided on the parking deck above the Safeway store, the design shall substantially conform to the conceptual drawings presented to the City Council on February 1, 2010; j. A trellis system planted with wisteria vines shall be added to the corner building roof garden, as shown on the conceptual drawings presented to the City Council on February 1, 2010; k. Benches provided throughout the site shall be made of wire mesh and shall have a back; and 1 of 8 EXHIBIT "A" 1420-1450 Howard Avenue and 249 Primrose Road Conditions of Approval for Mitigated Negative Declaration, Commercial Design Review, EI Camino Setback Variance and Conditional Use Permits (Effective February 1, 2010) Where feasible and appropriate, replace permeable pavers with gravel, particularly to provide drainage for landscaped areas and around the base of the heritage oak tree. that any changes to the size or envelope of buildings, 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); 5. that the conditions of the Chief Building Official's June 10, 2009 and April 28, 2009, memos, the City Engineer's December 28, 2009, memo, the Fire Marshal's April 27, 2009, memo, and the NPDES Coordinator's November 26, 2007, memo shall be met; 6. that the applicant shall pay public facilities impact fees as outlined in the Public Facilities Impact Fee calculation dated December 23, 2009, and that the Parks and Recreation fee ($2011.03), and the Storm Drain fee (7,929.95), shall be waived; the total remaining fee due shall be $73,057.32; the required fee shall be submitted to the Planning Division prior to the issuance of a building permit for the project; 7. that the grocery store may include take-out service and may be open 24 hours a day, seven (7) days a week; 8. 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; 9. 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; 10. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; 2 of 8 EXHIBIT "A" 1420-1450 Howard Avenue and 249 Primrose Road Conditions of Approval for Mitigated Negative Declaration, Commercial Design Review, EI Camino Setback Variance and Conditional Use Permits (Effective February 1, 2010) 11. Exterior lighting for the project would be designed to meet the requirements of Burlingame Municipal Code Section 18.16.030 (pertaining to light spillage off site in commercial or residential areas), the California Energy Commission, and the Illuminating Engineering Society of North America for illumination levels. Compliance with these performance standards would minimize the dispersion of light in a manner that reduces the glow or aurora effect to acceptable and allowable levels. In addition, the project area already contains numerous sources of exterior lighting, and is not adjacent to uses that would be sensitive to light spillover. 12. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; 13. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2007 Edition, as amended by the City of Burlingame; 14. All landscaping, including plants, trees, corner fountain, benches and other fixtures and plant material installed on the site and on adjoining public property as per the projects approved plans and drawings, shall be maintained by applicant, at applicant's sole cost, in good condition, free from garbage, litter, dead plant material or other debris; The following three (3) conditions shall be met during the Building Inspection process prior to the inspections noted in each condition: 15. 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 Department; 16. 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 Department; 17. that prior to final inspection, Planning Department 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; 3of8 EXHIBIT "A" 1420-1450 Howard Avenue and 249 Primrose Road Conditions of Approval for Mitigated Negative Declaration, Commercial Design Review, EI Camino Setback Variance and Conditional Use Permits (Effective February 1, 2010) Mitigation Measures from Initial Study: Hydrology and Water Quality 18. Preparation of a Water Quality Management Plan Incorporating Low Impact Development (LID) Practices. In order to ensure compliance with the existing Stormwater National Pollutant Discharge Elimination System (NPDES) Permit and expected Regional Stormwater NPDES Permit, the Applicant shall prepare a Water Quality Management Plan (WQMP) for the proposed project that incorporates LID practices to the maximum extent practicable and required BMPs, as identified in the Regional Stormwater NPDES Permit tentative order. In addition to site design consideration, source control Best Management Practices (BMPs), and non-structural BMPs, this WQMP shall identify the required treatment volume (or rate) and the selected stormwater quality treatment BMPs, sizes, and locations for treating required flow volume (or rate), in accordance with both the existing and tentative Stormwater NPDES Permits. Runoff from the entire project site must be treated. The WQMP shall be prepared in compliance with the expected Regional Stormwater NPDES Permit conditions, which will also ensure compliance with the existing Stormwater NPDES Permit. It is not likely that the final, adopted Regional Stormwater NPDES Permit would include substantially different requirements than the current draft version. 19. Existing Storm Drain Protection. During construction, any damage to the existing concrete slab over the box culvert storm drain, or the storm drain culvert structure itself, will be immediately repaired by the Applicant. The new structure overlying this culvert shall be structurally bridged over the culvert to ensure adequate conveyance. Access to this culvert for maintenance and repairs shall be provided in the site design and site plan. Air Quality 20. Implement Feasible Control Measures to Minimize Emission of PM10 during Construction. The project sponsor shall ensure implementation of the following mitigation measures during project construction, in accordance with the Bay Area Air Quality Management District (BAAQMD) standard mitigation requirements: 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 transporting soil, sand, or other loose material off-site shall be covered. 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 mph. EXHIBIT "A" 1420-1450 Howard Avenue and 249 Primrose Road Conditions of Approval for Mitigated Negative Declaration, Commercial Design Review, EI Camino Setback Variance and Conditional Use Permits (Effective February 1, 2010) • 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 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. • 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. • Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The phone number of the BAAQMD shall also be visible to ensure compliance with applicable regulations. 21. Implement Energy Efficiency Measures above 2005 Title 24 Standards. The project sponsor shall implement energy efficiency measures, such that efficiency is at least 10 percent above the Title 24 standards promulgated in the 2005 California Energy Code. Traffic 22. Install a Traffic Signal at the Howard Avenue/Primrose Road Intersection. The project sponsor shall pay a proportionate share, as determined by the Public Works Department, toward the future installation of a traffic signal dt the Howard Avenue/Primrose Road intersection. Biological Resources 23. Pre -construction Nesting Bird Survey. Construction of the proposed project shall avoid the March 15 through August 31 bird nesting period to the extent feasible. If it is not feasible to avoid the nesting period, a survey for nesting birds shall be conducted by a qualified wildlife biologist no earlier than 14 days prior to construction. The area surveyed shall include all clearing/construction areas, as well as areas within 250 ft. of the boundaries of these areas, or as otherwise determined by the biologist. In the event that an active nest is discovered, clearing/construction shall be postponed within 250 ft. of the nest until a wildlife biologist has determined the nesting avian species and consulted on further measures with the CDFG. If the avian species present is protected under the MBTA or the California Fish and Game Code, further mitigation could entail postponement of clearing or construction activities within 250 ft, of the active nest until the young have fledged (left the nest), the nest is vacated, and there is no evidence of second nesting attempts. If the avian species is not protected under 5of8 EXHIBIT "A" 1420-1450 Howard Avenue and 249 Primrose Road Conditions of Approval for Mitigated Negative Declaration, Commercial Design Review, EI Camino Setback Variance and Conditional Use Permits (Effective February 1, 2010) the MBTA or the California Fish and Game Code, no further action is required and construction activities may proceed. 24. Protection of Street Trees and Protected Trees. The project sponsor shall submit an application to the City of Burlingame's Parks and Recreation Department for a tree removal permit and meet the regulations of the Municipal Code, Chapter 11.06 (Urban Reforestation and Tree Protection) and Chapter 11.04 (Street Trees), including any tree replacement requirements. Included with the permit application shall be a landscaping plan that illustrates species, numbers, and sizes of replacement trees. The City's General Plan — Conservation Element, encourages the planting of "indigenous materials." While the planting of nonnative, ornamental species in landscaping the project site would not violate any policies, the project sponsor shall give reference to planting species native to the project site. Biological Resources 25. Implement Best Management Practices to Reduce Construction Noise. The following practices shall be incorporated into the construction documents to be implemented by the project contractor. a. Maximize the physical separation between noise generators and noise receptors. Such separation includes, but is not limited to, the following measures: • Use heavy-duty mufflers for stationary equipment and barriers around particularly noisy areas of the site or around the entire site; • Use shields, impervious fences, or other physical sound barriers to inhibit transmission of noise to sensitive receptors; • Locate stationary equipment to minimize noise impacts on the community; and • Minimize backing movements of equipment. b. Use quiet construction equipment whenever possible. C. Impact equipment (e.g., jack hammers and pavement breakers) shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically -powered tools. Compressed air exhaust silencers shall be used on other equipment. Other quieter procedures, such as drilling rather than using impact equipment, shall be used whenever feasible. d. Prohibit unnecessary idling of internal combustion engines. e. Select routes for movement of construction -related vehicles and equipment in conjunction with the Burlingame Planning Division so that noise sensitive areas, including residences and schools, are avoided as much as possible. f. The project sponsor shall designate a "disturbance coordinator" for construction activities. The coordinator would be responsible for responding to any local complaints regarding construction noise and vibration. The coordinator would determine the cause of the noise or • EXHIBIT "A" 1420-1450 Howard Avenue and 249 Primrose Road Conditions of Approval for Mitigated Negative Declaration, Commercial Design Review, EI Camino Setback Variance and Conditional Use Permits (Effective February 1, 2010) vibration complaint and would implement reasonable measures to correct the problem. The phone number of the disturbance coordinator shall be prominently posted on a sign at the entrance to the construction site. Cultural Resources 26. Undiscovered Cultural Resources. If evidence of an archaeological site or other suspected cultural resource as defined by CEQA Guideline Section 15064.5, including darkened soil representing past human activity ("midden"), that could conceal material remains (e.g., worked stone, worked bone, fired clay vessels, faunal bone, hearths, storage pits, or burials) is discovered during construction related earth -moving activities, all ground -disturbing activity within 100 feet of the resources shall be halted and the City of Burlingame shall be notified. The project applicant shall hire a qualified archaeologist to conduct a field investigation. The City of Burlingame shall consult with the archeologist to assess the significance of the find. Impacts to any significant resources shall be mitigated to a less -than - significant level through data recovery or other methods determined adequate by a qualified archaeologist and that are consistent with the Secretary of the Interior's Standards for Archaeological Documentation. 27. Unique Paleontological/Geological Features. Should a unique paleontological resource or site or unique geological feature be identified at the project construction site during any phase of construction, the project inanager shall cease all construction activities at the site of the discovery and immediately notify the City of Burlingame. The project applicant shall retain a qualified paleontologist to provide an evaluation of the find and to prescribe mitigation measures to reduce impacts to a less -than -significant level. Work may proceed on other parts of the project site while mitigation for paleontological resources or geologic features is carried out. The project applicant shall be responsible for implementing any additional mitigation measures prescribed by the paleontologist and approved by the City. 28. Human Remains. If human remains are discovered at any project construction site during any phase of construction, all ground -disturbing activity ;00 feet of the resources shall be halted and the City of Burlingame and the County coroner shall be notified immediately, according to Section 5097.98 of the State Public Resources Code and Section 7050.5 of California's Health and Safety Code. If the remains are determined by the County coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The project applicant shall also retain a professional archaeologist with Native American burial experience to conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide professional assistance to the Most Likely Descendant, including the excavation and removal of the human remains. The City of Burlingame shall be responsible for approval of recommended mitigation as it deems appropriate, taking account 7 of 8 EXHIBIT "A" 1420-1450 Howard Avenue and 249 Primrose Road Conditions of Approval for Mitigated Negative Declaration, Commercial Design Review, EI Camino Setback Variance and Conditional Use Permits (Effective February 1, 2010) of the provisions of State law, as set forth in CEQA Guidelines section 15064.5(e) and Public Resources Code section 5097.98. The project applicant shall implement approved mitigation, to be verified by the City of Burlingame, before the resumption of ground -disturbing activities within 100 feet of where the remains were discovered. Improvement Measures: 29. Provide a "Keep Clear" pavement legend within the entrance drive aisle accessing Howard Avenue to keep outbound vehicles from blocking access to the adjacent drive aisle to the west. 30. The City should monitor the driveway access to the project site from Howard Avenue. If regular queuing to the EI Camino Real/Howard Avenue intersection is identified, the City should restrict the Howard Avenue driveway access to right - turns in and out only. Left -turning vehicles would then be required to utilize the Primrose Road driveway. 31. The trash enclosure in front of the retail and office building should be relocated one space further inside the lot. 32. One on -street parking space on either side of Fox Plaza Lane should be removed to improve visibility for outbound Fox Plaza Lane vehicles. 33. Pavement markings indicating "No Parking" should be added as shown in Figure 26, to prevent drivers from blocking the aisle needed for delivery truck turn around. 34. The City should monitor potential conflicts between delivery trucks and vehicles on Howard Avenue. If needed, the City might consider limiting deliveries to off- peak hours to avoid conflict with eastbound traffic on Howard Avenue.