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Reso - CC - 128-2000
Recording Requested by: Doc xe 2001-069227 Ann T. Musso, City Clerk 05/15/2001 12:00P RI Fee:NC City of Burlingame Page 1 of B Recorded in Official Records 501 Primrose Road County of San Mateo Burlingame, CA 94010 Warren Slocum Assessor -County Clerk -Recorder Recorded By CITY OF BURLINGAME IIIII Iilll I I II III III IIII III I II II When Recorded Mail to: Ann T. Musso, City Clerk City of Burlingame 501 Primrose Road Burlingame, CA 94010 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: RESOLUTION APPROVING MITIGATED NEGATIVE DECLARATION, CONDITIONAL USE PERMITS AND VARIANCE RESOLUTION #128-00 Saturn Investment Group, LLC 1755 Bayshorc Highway Burlingame, CA 94010 Zoned O -M, APN: 024-403-450 RESOLUTION APPROVING MITIGATED NEGATIVE DECLARATION, CONDITIONAL USE PERMITS AND VARIANCE 128-00 RESOLVED by the CITY COUNCIL of the City of Burlingame that: WHEREAS, a mitigated negative declaration has been proposed and application has been made for conditional use permits for a hotel use in the O -M zone, to exceed 35' in height in the O -M zone to exceed the front setback limitations and front setback landscaping requirements of the Design Guidelines for Bayfront Development and a variance for front setback for construction of a new four- story. 77 -room hotel at 1755 Bayshore Highway. zoned O -M. APN: 024-403-450• Saturn Investment Group. LLC, 6051 N Thesta Avenue, Fresno, CA 93710 property owner; WHEREAS,the Planning Commission held a public hearing on said application on Sepbember 25. 2000 . at which time said application was APPROVED; WHEREAS, this matter was appealed to City Council- and a hearing thereon held on October 16, 2000 , at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is hereby RESOLVED and DETERMINED by this Council that: 1. On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this commission, 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 507P, is hereby approved. 2. Said mitigated negative declaration, conditional use permits, and variance is approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such mitigated negative declaration, conditional use permits, and variance are as set forth in the minutes and recording of said meeting. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. e� A, D` _ IIIIIIIIIIIIIIIIIIIIIIIIIIIIlIIIIIIIIIIIIII IIIIIIIIII 200 02 of 6 12 OOP 7 MAYOR I, ANN MUSSO, City Clerk of 1h6010f 135flingawe;'d'o"hereby certify that M`fbregoing resolution was introduced at a regular meting of the City-Couricil held on the 16th da of October, 2000 , and adopted thereafter by the folk*liWf&t:to be, the original o Zicis on file in my office. AYES: COUNCILMEMBERS: Co�a�e'di LIGAN, JANNEY, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE City .'lerk Y a City of Burl ingaia` tJ • �� CITY CLERK EXHIBIT "A" Conditions of approval for mitigated negative declaration, conditional use permits, and variance. 1755 BAYSHORE HIGHWAY effective October 2, 2000II IIIIIIII I III III IIIIII II IIIIII II II ©500 Q-0OOP page -1- Rt Page. 3 of 5 that the project shall be built as shown on the plans submitted to the Planning Department and date stamped September 13, 2000, Sheets SDI, Al, A2, A211, A2C, A3, A3B,. A4, and Ll with an eight (8) foot sidewalk across the entire front of the property, that the surface under the porte cochere shall be covered with pavers not concrete, that additional trellises which match the design of the trellis at the front shall be placed over all of the pedestrian entrances to the hotel located on the sides and rear of the structure, that all trees shown on the landscape plan (Ll) shall be replaced with trees of the same size at planting which would achieve the same size at maturity selected from a list of trees which will flourish in the Bayside environment and which the City Arborist has reviewed and approved for their environmental compatibility and for their match for potential size at maturity; 2. that the conditions of the City Engineer's May 23 and May 31, 2000 memos, the Chief Building Official's November 1, 1999 memo, the Fire Marshal's November 1, 1999 memo, and the Senior Landscape Inspector's May 30, 2000 memo shall be met; that any changes to the footprint, floor area, setbacks, or height of the building shall require and amendment to this permit; 4. that two lanes shall be striped or delineating through the porte cochere area; one of the lanes shall be marked "Keep Clear" so that guests already registered at the hotel can circulate through the porte cochere to parking spaces without having to stop and to allow departing vehicles to leave the site unhindered; 5. that the applicant shall provide airport shuttle service for hotel guests, this shuttle service shall be made available to hotel employees to connect to Caltrain, BART, and SamTrans at shift changes; 6. that the applicant shall be required to contribute a proportional share towards operation of the City's "FreeBee" shuttle service, based on a prorated share of the operating costs to be determined by the City Finance Director, which provides transportation between this area and the transportation corridor and commercial centers on the west side of the freeway (U.S. 101); 7.. that the project shall be built and designed to conform to all seismic related requirements of the latest edition of the California Building Code as amended by the City of Burlingame in effect at the time a building permit is issued in addition to the limitations of hours of construction imposed by the City of Burlingame Municipal Code (CS 18.08.035), and any additional seismic requirements established by the State Architect's office; 8. that seismic -resistant construction shall follow the recommendations of the site-specific geotechnical investigations as approved by the City Engineer; IW40411.10Wry Conditions of approval for mitigated negative declaration, conditional use permits, and variance. 1755 BAYSHORE HIGHWAY effective October 2, 2000 IIIIII IIIIIIIIIIIIIIIIIIII II VIII IIII IIIIIIII o 0® 04 0O 69227 page -2- that the grading plan shall be prepared by a licensed Civil Engineer and approved by the City Engineer. All applicable requirements of the NPDES permit for the site shall be adhered to in the design and during construction; 10. that all applicable San Mateo County Stormwater Pollution Prevention Program Best Management Practices shall be adhered to in the design and during construction, including stabilizing areas denuded due to construction prior to the wet season; erosion shall be controlled during and after construction to protect San Francisco Bay waters; 11. that the project structures shall be built on piles, as mitigation for static and seismic forces as approved by the City's structural engineer, and the building shall be built on pads that raise their first floor elevation to elevation to + 10 feet MSL as flood protection; 12. that all water and sewer lines shall be constructed from flexible material with flexible connections with the degree of flexibility established by the City Engineer and with his approval and inspection; 13. that in the event that there is subsidence as the result of an earthquake, the site shall be repaired as approved by the City Engineer; 14. that all runoff created during construction and future discharge from the site shall be required to meet the applicable San Mateo County Stormwater Pollution Prevention Program Best Management Practices for surface water runoff and Storm Drain maintenance; 15. that all runoff in the parking lot,, including runoff from the landscaped areas, shall be filtered to remove oil and grease prior to discharge by a method approved by the City Engineer and such facilities shall be installed and maintained by the property owner, failure to maintain such filters and facilities in working conditions shall cause this conditional use permit to be called up for review, all costs for the annual or more frequent inspection and enforcement of this condition shall be paid for by this project's property owner; 16. that all site and roof drainage shall be directed to the street frontage; 17. that grading shall be done so that impacts from erosion and runoff into the storm drain will be minimal; 18. that the applicant shall provide a complete Irrigation Water Management Conservation Plan together with landscape and irrigation plans at time of permit application; 19. that low flow plumbing fixtures shall be installed and City water conservation requirements shall be met at all times, including special additional emergency requirements; 20. that the site shall be periodically sprayed with water to control dust during grading and construction as required by the BAAQMD and City Engineer; EXHIBIT "A" Conditions of approval for mitigated negative declaration, conditional use permits, and variance. 1755 BAYSHORE HIGHWAY effective October 2, 2000 III IIII I Illillllllllll I I I III IIII IIIIIII ©0@ 0-0OOP page -3- RI Page. 5 of 6 21. that before demolition and construction, the applicant shall obtain appropriate permits from the Bay Area Air Quality Management District and construction equipment emissions shall be in compliance with their standards; 22. that payment of a Bayfront Development fee to the City of Burlingame for traffic impacts in the Anza area shall be required to mitigate cumulative impacts of this and other projects on area circulation, one-half due at the time of planning application and one-half due before the final framing inspection; 23. that the required parking areas shall not be used for long-term parking or converted to useable/leasable space as a part of any hotel promotion; 24. that if the hotel proposes to charge for customers or guests to park in the parking lot, an amendment to the conditional use permit shall be required, and the conditional use permit shall include conditions of approval which provide that employees can park for free, and that the rates charged for short-term parking shall be limited and the rate charged geared to penalize those non -hotel guests/visitors who would abuse the availability of parking; 25. that the developer shall pay for the installation of a median refuge area for vehicles turning left from Cowan Road to northbound Bayshore Highway; the median refuge area shall be designed to meet the current code standards and must be approved by the City Engineer; 26. that notwithstanding the Burlingame Municipal Code requirements, no piles shall be driven before 9:00 a.m. on Saturday, and none shall be driven on Sunday; 27. that the hotel shall be built so that the interior noise level in all rooms does not exceed 45 dBa; 28. that before a building permit is issued for the project, the applicant shall perform a study and capacity analysis of the existing sanitary sewer system to analyze the impact of the proposed project to the existing collection and processing system. The study shall include all the existing flows and proposed flows, the capacity of the system using the peak factors governing the existing conditions, increase in BOD/TSS (Biological Oxygen Demand/Total Suspended Solids) due to the project volumes, and mitigation of impact to the system; 29. that all new utility connections to serve the site, and which are affected by the development, shall be installed to meet current code standards and local capacities; 30. that sewer laterals from the site to the public sewer main shall be checked and shall be replaced to city standards as required by the development; 31. that all abandoned utilities and hookups shall be removed; EXHIBIT "A" Conditions of approval for mitigated negative declaration, conditional use permits, and variance. 1755 BAYSHORE HIGHWAY effective October 2, 2000 page -4- 32. that the developer shall pay (proportional share) for the installation of any necessary sewer line improvements. If the developer does not install the new line he will be required to pay for the development's portion of the installation cost. If the City Engineer determines that the pipe will not be installed at the time of development, the developer will make a cash deposit to the City for a portion of the estimated cost prior to issuance of a building permit for his construction. The City will use this deposit at the time of the pipe installation for this development's share of the cost; 33. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; 34. that the project applicant shall pay a fee to the City per square foot of developed space to offset costs of treating the additional wastewater and the project's proportional share should the sewer pump station serving this area require resizing; 35. that the developer shall, as a part of the demolition work on the site, prepare, have approved by the City and implement a recycling plan for all material to be removed, prior to issuance of a demolition or grading permit (Assistant City Manager, City Engineer); 36. that the proposed project shall comply with Ordinance 1477 limiting exterior Illumination; and 37. that should any prehistoric or historic archeological relics be discovered during construction, all work shall be halted until the finding can be fully investigated and proper protection measures, as determined by a qualified cultural resources consultant acceptable to the City, can be implemented; all removal or restoration work shall be required to be supervised by qualified professionals approved by the City Planner. Project personnel shall not collect cultural resources. Prehistoric resources include chert or obsidian flakes, projectile points, mortars, and pestles; and dark friable soil containing shell and bone dietary debris, heat - affected rock, or human burials. Historic resources include stone or adobe foundations or walls; structures and remains with square nails; and refuse deposits, often in old wells and privies. * Any identified cultural resources shall be recorded on forms DPR 422 (archaeological sites) and/or DPR 523 (historic properties) or similar forms IIIIIII VIII IIIIIII III VIII IIIIIII VIII IIIVIIIIIIIIIII R1 Page: 0 00 ©6 of 69227 Pteci co Warren Slocum Chief Elections Officer & Assessor -County Clerk -Recorder RECEIPT # 115124 Clerk: EBOADO 05/15/2001 12:01P Document Num: 2001-069226 thru 2001-069227 CITY OFBURLINGAME REC. NO.: 2001-069226 # Pgs : 14 DOC TYPE: AGREEMENT FEE: 46.00 REC. NO.: 2001-069227 # Pgs : 6 DOC TYPE: RESOLUTIONS FEE: 22.00 TOTAL NO CHARGE FEE -----> 68.00 TOTAL FEE ---------------> 0.00 TOTAL PAYMENTS ----------> 0.00 Page 1 555 County Center Redwood City, CA 94063-1665 web wwwoure.co.sonunateo.co.us Assessor Clerk Recorder phone 650.363.4500 fox 650.363.1903 phone 650.363.4712 fox 650.3634843 phone 650.363.4713 fax 650.599.7386 ...if assessor@care.co.sanmateo.co.us .mail derk@care.co.sonmateo.ca.us ..if recorder@core.co.sanmateo.ca.us RESOLUTION APPROVING MITIGATED NEGATIVE DECLARATION, CONDITIONAL USE PERMITS AND VARIANCE 128-00 RESOLVED by the CITY COUNCIL of the City of Burlingame that: WHEREAS, a mitigated negative declaration has been proposed and application has been made for conditional use permits for a hotel use in the O -M zone, to exceed 35' in height in the O -M zone to exceed the front setback limitations and front setback landscaping requirements of the Design Guidelines for Bayfront Development, and a variance for front setback for construction of a new four- story, 77 -room hotel at 1755 Bayshore Highway, zoned O -M, APN: 024-403-450: Saturn Investment Group LLC 6051 N Thesta Avenue Fresno CA 93710, property owner; WHEREAS,the Planning Commission held a public hearing on said application on Sepbember 25. 2000, at which time said application was APPROVED; WHEREAS, this matter was appealed to City Council- and a hearing thereon held on October 16. 2000 , at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is hereby RESOLVED and DETERMINED by this Council that: 1. On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this commission, 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 507P, is hereby approved. 2. Said mitigated negative declaration, conditional use permits, and variance is approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such mitigated negative declaration, conditional use permits, and variance are as set forth in the minutes and recording of said meeting. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. k,- 2, A . D' MAYOR I, ANN MUSSO, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 16th day of October, 2000 , and adopted thereafter by the following vote: AYES: COUNCILMEMBERS: COFFEY, GALLIGAN, JANNEY, O'HAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ]k t1l�L'� , ,� UtL CITY CLERK EXHIBIT "A" Conditions of approval for mitigated negative declaration, conditional use permits, and variance. 1755 BAYSHORE HIGHWAY effective October 2, 2000 page 4- 1. that the project shall be built as shown on the plans submitted to the Planning Department and date stamped September 13, 2000, Sheets SDI, Al, A2, A2B, A2C, A3, A313, A4, and Ll with an eight (8) foot sidewalk across the entire front of the property, that the surface under the porte cochere shall be covered with pavers not concrete, that additional trellises which match the design of the trellis at the front shall be placed over all of the pedestrian entrances to the hotel located on the sides and rear of the structure, that all trees shown on the landscape plan (Ll) shall be replaced with trees of the same size at planting which would achieve the same size at maturity selected from a list of trees which will flourish in the Bayside environment and which the City Arborist has reviewed and approved for their environmental compatibility and for their match for potential size at maturity; 2. that the conditions of the City Engineer's May 23 and May 31, 2000 memos, the Chief Building Official's November 1, 1999 memo, the Fire Marshal's November 1, 1999 memo, and the Senior Landscape Inspector's May 30, 2000 memo shall be met; 3. that any changes to the footprint, floor area, setbacks, or height of the building shall require and amendment to this permit; 4. that two lanes shall be striped or delineating through the porte cochere area; one of the lanes shall be marked "Keep Clear" so that guests already registered at the hotel can circulate through the porte cochere to parking spaces without having to stop and to allow departing vehicles to leave the site unhindered; 5. that the applicant shall provide airport shuttle service for hotel guests, this shuttle service shall be made available to hotel employees to connect to Caltrain, BART, and SamTrans at shift changes; 6. that the applicant shall be required to contribute a proportional share towards operation of the City's "FreeBee" shuttle service, based on a prorated share of the operating costs to be determined by the City Finance Director, which provides transportation between this area and the transportation corridor and commercial centers on the west side of the freeway (U.S. 101); 7. that the project shall be built and designed to conform to all seismic related requirements of the latest edition of the California Building Code as amended by the City of Burlingame in effect at the time a building permit is issued in addition to the limitations of hours of construction imposed by the City of Burlingame Municipal Code (CS 18.08.035), and any additional seismic requirements established by the State Architect's office; 8. that seismic -resistant construction shall follow the recommendations of the site-specific geotechnical investigations as approved by the City Engineer; IWNIII:lY1III� Conditions of approval for mitigated negative declaration, conditional use permits, and variance. 1755 BAYSHORE HIGHWAY effective October 2, 2000 page -2- 9. that the grading plan shall be prepared by a licensed Civil Engineer and approved by the City Engineer. All applicable requirements of the NPDES permit for the site shall be adhered to in the design and during construction; 10. that all applicable San Mateo County Stormwater Pollution Prevention Program Best Management Practices shall be adhered to in the design and during construction, including stabilizing areas denuded due to construction prior to the wet season; erosion shall be controlled during and after construction to protect San Francisco Bay waters; 11. that the project structures shall be built on piles, as mitigation for static and seismic forces as approved by the City's structural engineer, and the building shall be built on pads that raise their first floor elevation to elevation to + 10 feet MSL as flood protection; 12. that all water and sewer lines shall be constructed from flexible material with flexible connections with the degree of flexibility established by the City Engineer and with his approval and inspection; 13. that in the event that there is subsidence as the result of an earthquake, the site shall be repaired as approved by the City Engineer; 14. that all runoff created during construction and future discharge from the site shall be required to meet the applicable San Mateo County Stormwater Pollution Prevention Program Best Management Practices for surface water runoff and Storm Drain maintenance; 15. that all runoff in the parking lot,, including runoff from the landscaped areas, shall be filtered to remove oil and grease prior to discharge by a method approved by the City Engineer and such facilities shall be installed and maintained by the property owner, failure to maintain such filters and facilities in working conditions shall cause this conditional use permit to be called up for review, all costs for the annual or more frequent inspection and enforcement of this condition shall be paid for by this project's property owner; 16. that all site and roof drainage shall be directed to the street frontage; 17. that grading shall be done so that impacts from erosion and runoff into the storm drain will be minimal; 18. that the applicant shall provide a complete Irrigation Water Management Conservation Plan together with landscape and irrigation plans at time of permit application; 19. that low flow plumbing fixtures shall be installed and City water conservation requirements shall be met at all times, including special additional emergency requirements; 20. that the site shall be periodically sprayed with water to control dust during grading and construction as required by the BAAQMD and City Engineer; EXHIBIT "A" Conditions of approval for mitigated negative declaration, conditional use permits, and variance. 1755 BAYSHORE HIGHWAY effective October 2, 2000 page -3- 21. that before demolition and construction, the applicant shall obtain appropriate permits from the Bay Area Air Quality Management District and construction equipment emissions shall be in compliance with their standards; 22. that payment of a Bayfront Development fee to the City of Burlingame for traffic impacts in the Anza area shall be required to mitigate cumulative impacts of this and other projects on area circulation, one-half due at the time of planning application and one-half due before the final framing inspection; 23. that the required parking areas shall not be used for long-term parking or converted to useable/leasable space as a part of any hotel promotion; 24. that if the hotel proposes to charge for customers or guests to park in the parking lot, an amendment to the conditional use permit shall be required, and the conditional use permit shall include conditions of approval which provide that employees can park for free, and that the rates charged for short-term parking shall be limited and the rate charged geared to penalize those non -hotel guests/visitors who would abuse the availability of parking; 25. that the developer shall pay for the installation of a median refuge area for vehicles turning left from Cowan Road to northbound Bayshore Highway; the median refuge area shall be designed to meet the current code standards and must be approved by the City Engineer; 26. that notwithstanding the Burlingame Municipal Code requirements, no piles shall be driven before 9:00 a.m. on Saturday, and none shall be driven on Sunday; 27. that the hotel shall be built so that the interior noise level in all rooms does not exceed 45 dBa; 28. that before a building permit is issued for the project, the applicant shall perform a study and capacity analysis of the existing sanitary sewer system to analyze the impact of the proposed project to the existing collection and processing system. The study shall include all the existing flows and proposed flows, the capacity of the system using the peak factors governing the existing conditions, increase in BOD/TSS (Biological Oxygen Demand/Total Suspended Solids) due to the project volumes, and mitigation of impact to the system; 29. that all new utility connections to serve the site, and which are affected by the development, shall be installed to meet current code standards and local capacities; 30. that sewer laterals from the site to the public sewer main shall be checked and shall be replaced to city standards as required by the development; 31. that all abandoned utilities and hookups shall be removed; EXHIBIT "A" Conditions of approval for mitigated negative declaration, conditional use permits, and variance. 1755 BAYSHORE HIGHWAY effective October 2, 2000 page -4- 32. that the developer shall pay (proportional share) for the installation of any necessary sewer line improvements. If the developer does not install the new line he will be required to pay for the development's portion of the installation cost. If the City Engineer determines that the pipe will not be installed at the time of development, the developer will make a cash deposit to the City for a portion of the estimated cost prior to issuance of a building permit for his construction. The City will use this deposit at the time of the pipe installation for this development's share of the cost; 33. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; 34. that the project applicant shall pay a fee to the City per square foot of developed space to offset costs of treating the additional wastewater and the project's proportional share should the sewer pump station serving this area require resizing; 35. that the developer shall, as a part of the demolition work on the site, prepare, have approved by the City and implement a recycling plan for all material to be removed, prior to issuance of a demolition or grading permit (Assistant City Manager, City Engineer); 36. that the proposed project shall comply with Ordinance 1477 limiting exterior Illumination; and 37. that should any prehistoric or historic archeological relics be discovered during construction, all work shall be halted until the finding can be fully investigated and proper protection measures, as determined by a qualified cultural resources consultant acceptable to the City, can be implemented; all removal or restoration work shall be required to be supervised by qualified professionals approved by the City Planner. Project personnel shall not collect cultural resources. Prehistoric resources include chert or obsidian flakes, projectile points, mortars, and pestles; and dark friable soil containing shell and bone dietary debris, heat - affected rock, or human burials. Historic resources include stone or adobe foundations or walls; structures and remains with square nails; and refuse deposits, often in old wells and privies. Any identified cultural resources shall be recorded on forms DPR 422 (archaeological sites) and/or DPR 523 (historic properties) or similar forms