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HomeMy WebLinkAboutReso - CC - 006-2009RESOLUTION NO. 6-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, GRANTING THE APPEAL OF KEVIN CULLINANE, ADOPTING A MITIGATED NEGATIVE DECLARATION, AND APPROVING APPLICATIONS FOR COMMERCIAL DESIGN REVIEW, PARKING AND SETBACK VARIANCES, AND A CONDITIONAL USE PERMIT FOR 24-HOUR OPERATION OF A DRUG STORE, FOR A NEW 13,755 SQUARE FOOT RETAIL BUILDING AT 260 EL CAMINO REAL, ON PROPERTY SITUATED WITHIN A COMMERCIAL (C-1) ZONE, SUB -AREA A RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT: WHEREAS, on November 24, 2008, the Planning Commission denied, without prejudice, requests for a Mitigated Negative Declaration, Commercial Design Review, parking and setback Variances and a Conditional Use Permit for 24-hour operation of a drug store, for a new 13,755 square foot retail building at 260 EI Camino Real (APN: 029-201-320), and owned by Kevin Cullinane (SC Properties); and WHEREAS, the Planning Commission's November 24, 2008 denial was appealed by the applicant, Kevin Cullinane, on November 25, 2008; and WHEREAS, the City Council conducted a public hearing on the appeal on January 5, 2009; 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 grant the appeal, and overturn the Planning Commission's denial without prejudice; adopting the Mitigated Negative Declaration and approving the requests for Commercial Design Review, parking and setback Variances and a Conditional Use Permit for 24-hour operation of a drug store. 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 -548 P is hereby approved. Said Mitigated Negative Declaration, Commercial Design Review, Parking and Setback Variances and a Conditional Use Permit for 24-hour operation of a drug store is approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Mitigated Negative Declaration, Commercial Design Review, Parking and Setback Variances and a Conditional Use Permit are set forth in the staff report, minutes, and recording of said meeting. 260 EI Camino Real 1 of 2 3. RESOLUTION NO. 6-2009 It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. a:iei" A442. 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 20th day of January, 2009, by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, DEAL, KEIGHRAN, NAGEL NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: O'MAHONY (L City Clerk 260 EI Camino Real 2 of 2 EXHIBIT "A" 260 EL CAMINO REAL Conditions of Approval for Mitigated Negative Declaration, Commercial Design Review, Parking and Setback Variances and Conditional Use Permit (Effective January 20, 2009) Conditions of Approval: The project shall be built as shown on the plans submitted to the Planning Division date stamped November 13, 2008, sheets A-1, A-5 and A-6, and date stamped October 29, 2008, sheets T-1 through C-4.0, A-2 through A-4 and sheets L-1 through L-6; with the exception that the project plans shall be revised as follows: a. The windows facing Burlingame Avenue and EI Camino Real shall be designed to improve the line of sight into the interior of the store, as follows: The westernmost window facing Burlingame Avenue shall be redesigned to include a minimum 8 -foot wide window clear of obstruction from floor to ceiling. The middle window facing Burlingame Avenue shall be redesigned to reduce the height of the display area, as measured from the interior finished floor, to a maximum of 3 -feet, as measured from the finished floor elevation within the interior of the store. Above this display area, the full width of the window shall be clear of obstruction from the top of the display area to the ceiling. The easternmost window facing Burlingame Avenue shall be redesigned to include a minimum 6 -foot wide window clear of obstruction from floor to ceiling. Display areas on the interior of northernmost two (2) windows facing EI Camino Real shall be restricted to a maximum height of 4 -feet, as measured from the finished floor elevation within the interior of the store. Above the display areas, the full width of the windows shall be clear of obstruction from the top of the display areas to the ceiling. The final design of the windows facing Burlingame Avenue and EI Camino Real shall be prepared and forwarded to the Community Development Department for submission to the City Council for final approval as an FYI item (utilizing the FYI procedure employed by the Planning Commission). Information submitted for review by the City Council shall include a revised floor plan and building elevations, and any other visual simulations that may be deemed necessary by the Community Development Director to ensure that the revisions to the window treatments on both facades may be clearly interpreted. b. Two pedestrian benches shall be provided on the site, at the corner of Burlingame Avenue and EI Camino Real, subject to City Council approval as an FYI item. 1 of 9 EXHIBIT "A" 260 EL CAMINO REAL Conditions of Approval for Mitigated Negative Declaration, Commercial Design Review, Parking and Setback Variances and Conditional Use Permit (Effective January 20, 2009) C. All requested changes to the plans shall be approved by the City Council in advance of issuance of a building permit for the project. 2. The security and maintenance of the pedestrian walkway along the eastern side of the building shall be reviewed by the Community Development Department, with a report to the City Council, one year following final inspection and occupancy of the building. Upon review, if it is determined that measures need to be implemented to improve security and maintenance of this area, the applicant and his/her successors agree to install gates, or other means of securing the area, at his/her own expense, subject to approval of the City Council; 3. The applicant shall pay a Parking In -Lieu fee to the City for five (5) parking spaces, in the amount of $212,285.00, prior to issuance of building permits for the project; 4. If, based upon analysis of the City's Public Works Department, it is determined that a curb -cut into City Parking Lot K is feasible, the applicant shall assist the Public Works Department in filing a request with CalTrans for a curb -cut from EI Camino Real into City Parking Lot K, which lies south of the property at 260 EI Camino Real. If CalTrans approval is granted for a curb -cut, the applicant shall fund the improvement, or install the improvement at his own expense during project construction. Failure to receive approval of the curb -cut from CalTrans, and/or undue delays in the processing of a request for CalTrans approval that are out of the control of the applicant, shall not be deemed cause to nullify project entitlements granted herein, nor to otherwise delay issuance of permits for project construction, subject to all other project conditions; 5. Deliveries to the property shall be limited to only between the hours of midnight and 6 a.m., seven (7) days per week; 6. The applicant is encouraged to utilize sustainable construction techniques and energy efficient materials in the construction of the project; 7. The trees to be planted along the EI Camino Real frontage of the property shall be of a species that does not impede the flow of pedestrians on the sidewalk through the area, and that promote the landscaping principles of the Grand Boulevard Initiative; 8. 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; 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); 2of9 EXHIBIT "A" 260 EL CAMINO REAL Conditions of Approval for Mitigated Negative Declaration, Commercial Design Review, Parking and Setback Variances and Conditional Use Permit (Effective January 20, 2009) 10. The conditions of the Chief Building Official's November 26, 2007 and August 14, 2008, memos, the City Engineer's August 18, 2008, memo, the Fire Marshal's November 26, 2007, memo, and the NPDES Coordinator's November 26, 2007, memo shall be met; 11. If the structure is demolished or the envelope changed at a later date, the Parking Variance, Setback Variance and Conditional Use Permit as well as any other exceptions to the code granted here will become void; 12. The commercial retail building shall be allowed to be open 24 hours a day, seven (7) days a week; 13. Any changes to the floor area, use and hours of operation which exceeds the maximums as stated in these conditions shall require an amendment to this permit; 14. The 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; 15. 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; 16. 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; 17. Exterior lighting for the project shall 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 shall 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. 18. The applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; 3of9 EXHIBIT "A" 260 EL CAMINO REAL Conditions of Approval for Mitigated Negative Declaration, Commercial Design Review, Parking and Setback Variances and Conditional Use Permit (Effective January 20, 2009) 19. The project shall meet all the requirements of the California Building and Uniform Fire Codes, 2007 Edition, as amended by the City of Burlingame; THE FOLLOWING THREE (3) CONDITIONS SHALL BE MET DURING THE BUILDING INSPECTION PROCESS PRIOR TO THE INSPECTIONS NOTED IN EACH CONDITION 20. 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; 21. 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; 22. 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; MITIGATION MEASURES FROM INITIAL STUDY Hydrology and Water Quality: 23. Run-on diversion: During construction, the contractor shall implement run-on diversion best management practices (i.e. use of gravel bags and/or sand bag berms or perimeter trenching) to prevent stormwater run-on from entering and ponding in excavated areas. Diversion of stormwater run-on would prevent stormwater from entering the excavation and contributing to alterations in the groundwater hydrologic gradient. Additionally, it would protect the local groundwater from contamination by potential pollutants in stormwater; 24. Construction Scheduling: Excavation of old fill and replacement with engineered fill shall not occur during the rainy season (from October 15 to April 15). By limiting excavation to the dry season, the potential for stormwater run-on would be minimized and the direct effect of precipitation would be minimized; Air Quality: 25. Implement feasible control measures for construction emission of PM10: The project sponsor shall ensure implementation of the following mitigation measures during project construction, in accordance with BAAQMD standard mitigation requirements: a. Water all active construction areas at least twice daily. 4of9 EXHIBIT "A" 260 EL CAMINO REAL Conditions of Approval for Mitigated Negative Declaration, Commercial Design Review, Parking and Setback Variances and Conditional Use Permit (Effective January 20, 2009) b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. C. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. Traffic: 26. Large Truck loading procedures: Large trucks shall load from Burlingame Avenue. Site plans propose three metered public parking spaces in front of the project site, where loading would occur. In order to minimize parking impacts, the parking stalls should be regulated to prohibit customer parking during loading hours. The proposed parking spaces in front of the site would not be eliminated and proper signage would inform patrons that during specific delivery hours from midnight to 6 a.m., seven days per week, parking within these three stalls is prohibited. Such signage designating the loading times shall be installed in this area. If access to Fox Plaza Lane is ever provided from EI Camino Real, large truck loading may occur at the rear of the site; 27. Medium and Small Truck loading procedures: Medium and small trucks shall load from the three spaces in the lot south of the project building, adjacent to the loading area. Site plans show three accessible parking stalls in that area. These three proposed parking spaces would not be eliminated; and proper signage would inform patrons that during specific delivery hours from midnight to 6 a.m., seven days per week, parking within these three stalls is prohibited. Such signage designating the loading times shall be installed in this area; Biological Resources: 28. Pre -construction nesting bird surrey: Construction of the proposed project shall avoid the February 15 through August 15 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 the construction. The area surveyed shall include all clearing/construction areas, as well as areas within 150 ft. of the boundaries of those areas, or as otherwise determined by the biologist. In the event that an active nest is discovered, clearing/construction shall be postponed within 150 ft. of the nest until a wildlife biologist has identified the nesting avian species and consulted on further measures with the CDFG. If the avian species present is protected under the MBTA, further mitigation could entail postponement of clearing or construction activities within 150 ft. of the active nest until the young have fledged (left the nest), the nest is 5of9 EXHIBIT "A" 260 EL CAMINO REAL Conditions of Approval for Mitigated Negative Declaration, Commercial Design Review, Parking and Setback Variances and Conditional Use Permit (Effective January 20, 2009) vacated, and there is no evidence of second protected under the MBTA, no further action proceed; Hazards and Hazardous Materials: nesting attempts. If the avian species is not is required and construction activities may 29. Conduct testing on fill material: Prior to any demolition or excavation activity, soil sampling and chemical analysis of fill material (soil) shall be performed to determine the extent of the potential contamination in the fill material. If the fill material is deemed to be contaminated, the material shall be disposed off at a certified hazardous materials landfill site; 30. Prepare a Health and Safety Plan: A Health and Safety Plan (HSP) shall be completed and implemented by the project sponsor to protect workers from risks associated with hazardous materials during demolition, construction, and transport and disposal. The plan shall identify the contaminants of concern and the potential risk each contaminant would pose to human health and the environment during construction and post development, and describe measures to protect workers and the public from exposure to potential site hazards. Such measures should include a range of options, including, but not limited to, physical site controls during construction, remediation, long-term monitoring, post -development maintenance or access limitations, or some combination thereof; 31. Install a vapor barrier beneath the building foundation: The project design shall include an engineered vapor barrier to be included as part of the foundation for the new structures. The vapor barrier would be (at a minimum) 10 -mil thick and extend to the edge of the slab -on -grade floor (concrete foundation); Noise: 32. 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 6 of 9 EXHIBIT "A" 260 EL CAMINO REAL Conditions of Approval for Mitigated Negative Declaration, Commercial Design Review, Parking and Setback Variances and Conditional Use Permit (Effective January 20, 2009) 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 Department so that noise -sensitive areas, including residences and schools, are avoided as much as possible. 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 vibration complaint and would implement reasonable measures to correct the problem. g. The construction contractor shall send advance notice to neighborhood residents within 50 feet of the project site regarding the construction schedule and including the telephone number for the disturbance coordinator at the construction site. 33. Implement measures to reduce construction vibration: The project sponsor shall incorporate the following practice into the construction documents to be implemented by the project contractor: The project sponsor shall require that loaded trucks and other vibration - generating equipment avoid areas of the project site that are located near existing residential uses to the maximum extent compatible with project construction goals. Cultural Resources: 34. a. 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 7of9 EXHIBIT "A" 260 EL CAMINO REAL Conditions of Approval for Mitigated Negative Declaration, Commercial Design Review, Parking and Setback Variances and Conditional Use Permit (Effective January 20, 2009) 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 archaeologist 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 Archeological Documentation. Any identified cultural resources shall be recorded on the appropriate DPR 523 (A -J) for and filed with the NWIC; b. Undiscovered Cultural Resources in the State ROW. If there is an inadvertent archaeological or burial discovery in the State ROW, in compliance with CEQA, PRC 5024.5, and Caltrans Standard Environmental Reference (SER) Volume 2 (hftp://www.dot.ca.gov/ser), all construction within 50 feet of the find shall cease. The Department's District 4 Cultural Resources Study Office shall be immediately contacted at (510) 286-5618. A staff archaeologist will evaluate the finds within one business day after contact. Archaeological resources may consist of, but are not limited to, dark, friable soils, charcoal, obsidian or chert flakes, grinding bowls, shell fragments, or deposits of bone, glass, metal, ceramics, or wood. The project applicant shall comply with the appropriate measures as identified by the staff archaeologist; 35. 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 manager 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 prescribed mitigation measures prescribed by the paleontologist and approved by the City; and 36. Human Remains: If human remains are discovered at any project construction sites during any phase of construction, all ground -disturbing activity 100 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 '.e EXHIBIT "A" 260 EL CAMINO REAL Conditions of Approval for Mitigated Negative Declaration, Commercial Design Review, Parking and Setback Variances and Conditional Use Permit (Effective January 20, 2009) and removal of the human remains. The City of Burlingame shall be responsible for approval of recommended mitigation as it deems appropriate, taking account 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. 9 of 9