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HomeMy WebLinkAboutReso - PC - 2021.04.26 - 8DF DocuSign Envelope lD: 7 1 44276C-21 6E.4AF9-ACA5-1A01 E30AB5DE RECORDING REQUESTED BY: Planning Department City of Burlingame WHEN RECORDED MAIL TO: COMMUNITY DEVELOPMENT DEPARTMENT CIry OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CA 94010 2021-165578 2:29 pm 12102121 Rl Fee: NO FEE Count of Pages 12 Recorded in Official Records County of San Mateo Mark Church r llltt r r rilfiminfiililt iliiifiilfiiniilfriiififinltlt i I lt lut*$R00031817?1$* Resolution No. 2021-04.26-8d 1095 ROLLINS ROAD 026-231 -250 & 026-23 1 -260 TITLE OF DOGUMENT I hereby certify this to be a full, true and conect copy of the document it purports to be, the original of which is on file in my office. October 25 2021 &r^^rt," hrkw.r {firIVE Date: Kevin Gardiner, AICP, Community RESOLUTION APPROVING DESIGN REVIEW AMENDMENT RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, an application has been made for Desion Review Amendment for chanqes to a previouslv approved application for a Mitiqated Neqative Declaration, General Plan Amendment, Rezoninq. Desiqn Review. Conditional Use Permit. Densitv Bonus. and Vestinq Tentative and Final Map for a new 6-storv. 150-unit residential apartment buildinq at 1095 Rollins Road. Burlinoame: 1095 Rollins Road LP (Prometheus Real Estate Group) propertv owner. APN: 026-231-250 and 026-231-260: WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on 4ori126.2021, 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 RESOLVED and DETERMINED by this Planning Commission that: On the basis of the lnitial Study and the documents submitted and reviewed, and comments received and addressed by this commission on January 13,2020, it is hereby found that there is no substantial evidence that the project set forth above will have a significant effect on the environment, per Mitigated Negative Declaration ND-604-P, approved on February 18, 2020. Said Design Review Amendment is approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Design Review Amendment are set forth in the staff report, minutes, and recording of said meeting. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. J SC*+MtN Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 26th dav of April. 2021. by the following vote: 1095 ROLLINS RD - RESO 2021{14.26{d AYES: COUAROTO, GAUL, LOffiS, SARGENT, SCH]f,ID, TERRONES, TSE NOES: NONE ABSENT: NONE REGUSED: NOilE 1 2 3 an EXHIBIT'A" Conditions of Approval for Design Review Amendment '1095 Rollins Road Effective ltay 6, 2021 Page 2 1 that the project shall be built as shown on the plans submitted to the Planning Division date stamped December 4,2019, sheets AP0.0 through AP0.70, sheets C1.01 through C8.04, sheets AP"l .0 through AP8.0 and sheets L'l .0 through L2.5; with revised elevations and landscape plans, as amended on the plans submitted to the Planning Division date stamped March 22, 202'1, sheets A3.00 through A3.33 and L1 .1 through L1 .1 1 , with the exception of the living walls (vertical cable trellis system with vines); if living walls are proposed on any portion of the building, they shall be subject to Planning Commission review as an amendment to this permit; that the species for the trees along Rollins Road shall be determined with final approval by the Parks Division prior to issuance of the building permit and shall be selected from the example species in the March 22,2021 plans; 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 City Council; 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; that any changes to the size or envelope of the building, which would include expanding the footprint or floor area of the structure, replacing or relocating windows or changing the roof height or pitch, shall be subject to Planning Commission review (FYl or amendment to be determined by Planning staff); that prior scheduling the final inspection, the applicant shall pay the public facilities impact fee in the amount of $784,110.20, made payable to the City of Burlingame and submitted to the Planning Division; that the project shall include fifteen (15) affordable units for a 55-year term; the applicant shall enter into an agreement for the administration of the renting or leasing ofthe affordable units at least '120 days before the final inspection; that the required affordable dwelling units shall be constructed concurrently with markelrate units; 2 a 4 6 7 8 that the fifteen (15) moderate income restricted affordable units shall remain restricted and affordable to the designated income group for a minimum period of fifty-five (55) years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program); that the fifteen (15) restricted affordable units shall be built on-site and be dispersed within the development. The number of bedrooms of the restricted affordable units shall be equivalent to the bedroom mix and average sizes of the non-restricted units in the development; except that the applicant may include a higher proportion of restricted affordable units with more bedrooms. The design and construction of the 9. EXHIBIT "A" Conditions of Approval for Design Review Amendment 't095 Rollins Road Effective May 6, 2021 Page 3 10 11. 12 14 15. affordable dwelling units shall be consistent with the design, unit layout, and construction of the total project development in terms of appearance, exterior construction materials, and unit layout; that the applicant shall enter into a regulatory agreement with the City; the terms of this agreement shall be approved as to form by the City Attorney's Office, and reviewed and revised as appropriate by the reviewing City official; this agreement will be a form provided by the City, and will include the following terms: (a) The affordability of very low, lower, and moderate income housing shall be assured in a manner consistent with Government Code Section 65915(cX1);(b) An equity sharing agreement pursuant to Government Code Section 6se15(c)(2);(c) The location, dwelling unit sizes, rental cost, and number of bedrooms of the affordable units;(d) A description of any bonuses and incentives, if any, provided by the City; and(e) Any other terms as required to ensure implementation and compliance with this section, and the applicable sections of the density bonus law; that the above noted regulatory agreement regarding the fifteen (15) restricted affordable units shall be binding on all future owners and successors in interest; the agreement required by this Zoning Code Section 25.63.080 is hereby a condition of all development approvals and shall be fully executed and recorded prior to the issuance of any building or construction permit for the proposed project; that the project shall be constructed in accordance with the December 24,2018 "Request for Alternate Materials or Methods of Construction" agreement between The Hanover Company and Central County Fire Department; that the conditions of the Building Division's December 4, 2019 memo, the Stormwater Division's November 27, 20198 memo, the Park's Division's November 30, 201 8 memo, and the Public-Works Engineering Division's December 5, 20 18 memo related to the building permit submittal shall be met; prior to issuance of a building permit, the project sponsor shall file Form 7460-1 with the FAA, and provide to the City of Burlingame an FAA determination of no hazard to air navigation; that all new development shall be required to comply with the real estate disclosure requirements of State law and General Plan as outlined in Policy lP-i of the SFO ALUCP. The following statement must be included in the notice of intention to offer the property for sale or lease: "Notice of Airport in Vicinity This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations EXHIBIT "A" Conditions of Approval for Design Review Amendment 1095 Rollins Road Effective ltay 6, 2021 Page 4 16 20 that during construction, 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; that storage of construction materials and equipment on the street or in the public righfof-way shall be prohibited; that the applicant shall prepare a construction staging and traffic control plan for the duration of construction for review and acceptance by the City Engineer prior to the issuance of a building permit; the construction staging plan shall include construction equipment parking, construction employee parking, timing and duration of various phases of construction and construction operations hours; the staging plan shall address public safety and shall ensure that worker's vehicles and construction equipment shall not be parked in public parking areas with exceptions for construction parking along the street frontages of the project site; that the project applicant and its construction contracto(s) shall develop a construction management plan for review and approval by the City of Burlingame. The plan must include at least the following items and requirements to reduce, to the maximum extent feasible, traffic and parking 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. ldentification 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; (for example: noise, vibration, or odors). lndividual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase or lease and determine whether they are acceptable to you."; that if the City determines that the structure interferes with City communications in the City, the property owner shall permit public safety communications equipment and a wireless access point for City communications to be located on the structure in a location to be agreed upon by the City and the property owner. The applicant shall provide an electrical supply source for use by the equipment. The applicant shall permit authorized representatives of the City to gain access to the equipment location for purposes of installation, maintenance, adjustment, and repair upon reasonable notice to the property owner or owner's successor in interest. This access and location agreement shall be recorded in terms that convey the intent and meaning of this condition; 17. '18. 19. EXHIBIT "A" Conditions of Approval for Design Review Amendment 1095 Rollins Road Effective May 6, 2021 Page 5 21. 22. 23. 24. 26 d e Notification procedures for adjacent property owners and public safety personnel regarding when major deliveries, detours, and lane closures would occur; 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; and Designation of a readily available contact person for construction activities who would be responsible for responding to any local complaints regarding traffic or parking. This coordinator would determine the cause of the complaint and, where necessary, would implement reasonable measures to correct the problem. that if construction is done during the wet season (October 1 through April 30), that prior to October 1 the developer shall implement a winterization program to minimize the potential for erosion and polluted runoff by inspecting, maintaining and cleaning all soil erosion and sediment control prior to, during, and immediately after each storm even; stabilizing disturbed soils throughout temporary or permanent seeding, mulching matting, or tarping, rocking unpaved vehicle access to limit dispersion of mud onto public right-of-way; covering/tarping stored construction materials, fuels and other chemicals; that trash enclosures and dumpster areas shall be covered and protected from roof and surface drainage and that if water cannot be diverted from these areas, a self- contained drainage system shall be provided that discharges to an interceptor; that this project shall comply with the state-mandated water conservation program, and a complete lrrigation Water Management and Conservation Plan together with complete landscape and irrigation plans shall be provided at the time of building permit application; that all site catch basins and drainage inlets flowing to the bay shall be stenciled. All catch basins shall be protected during construction to prevent debris from entering; that this proposal shall comply with all the requirements of the Tree Protection and Reforestation Ordinance adopted by the City of Burlingame in 1993 and enforced by the Parks Department; complete landscape and irrigation plans shall be submitted at the time of building permit application and the street trees will be protected during construction as required by the City Arborist; that project approvals shall be conditioned upon installation of an emergency generator to power the sump pump system; and the sump pump shall be redundant in all mechanical and electrical aspects (i.e., dual pumps, controls, level sensors, etc.). Emergency generators shall be housed so that they meet the City's noise requirement, 25 EXHIBIT ..A" Conditions of Approval for Design Review Amendment 1095 Rollins Road Effective May 6, 202{ Page 6 that prior to issuance of a building permit, the applicant shall prepare and submit to the Department of Public Works - Engineering Division a sanitary sewer analysis that assesses the impact of this project to determine if the additional sewage flows can be accommodated by the existing sewer line. lf the analysis results in a determination that the existing sewer line requires upgrading, the applicant shall perform the necessary upgrades as determined by the Engineering Division; 28 that a Protected Tree Removal Permit shall be required from the City of Burlingame Parks Division to remove any existing protected size trees on the subject property and that the project shall comply with the Tree Protection and Reforestation Ordinance adopted by the City of Burlingame and enforced by the parks Department; complete landscape and irrigation plans shall be submitted at the timeof building permit application and the street trees will be protected during construction as required by the City Arborist; 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; 30 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 euality Management District; 31 that the applicant shall comply with Ordinance '1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; that the project shall meet all the requirements of the California Building and Uniform Fire Codes, as amended by the City of Burlingame; 33 that this project shall comply with Ordinance No. 1477, Exterior lllumination Ordinance; 34. that construction access routes shall be limited in order to prevent the tracking of dirt onto the public right-of-way, clean off-site paved areas and sidewalks using dry sweeping methods: The following five (5) conditions shall be met during the Building lnspection process prior to the inspections noted in each condition: 35. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners, set the building envelope; 32 27. 29. EXHIBIT "A" Conditions of Approval for Design Review Amendment 1095 Rollins Road Effective May 6, 2021 Page 7 5b 37 38. that prior to underfloor frame inspection the surveyor shall certify the first floor elevation (0 -5") of the new structure(s) and the various surveys shall be accepted by the Building Division; that prior to scheduling the framing inspection, the projec{ 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; 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; 39 that the maximum elevation to the top roof shall not exceed elevation 82.6', as measured from the average elevation at the top of the curb along Rollins Road (8.36') for a maximum height not to exceed 74' to the top of the parapet; the top of each floor and final roof ridge shall be surveyed by a licensed surveyor who shall provide certification of that height to the Building Division; Should any framing exceed the stated elevation at any point it shall be removed or adjusted so that the final height of the structure with roof shall not exceed the maximum height shown on the approved plans; Mitigation Measures from lnitial Study Aesthefics 40 The project developer shall install low-profile, low-intensity lighting directed downward to minimize light and glare. Exterior lighting shail be low mounted, downward casting, and shielded. ln general, the light footprint shall not extend beyond the periphery the propefty. lmplementation of exterior lighting fixtures on all buildings shall also comply with the standard California Building Code (Title 24, Building Energy Efficiency Standards) to reduce the lateral spreading of light to surrounding useg consrslent wlfh City Municipal Code 18.16.030 that requires that all new exterior lighting for residential developments be designed and located so that the cone of light and/or glare from the light element is kept entirely on the property or below the top of any fence, edge or wall. ln addition, lighting fixtures would not be located more than nine feet above adjacent grade or required landing; walls or portions of walls would not be floodlit; and only shielded light fixtures which focus light downward would be used, except for illuminated street numbers required by the fire department; Air Quality 41. The project applicant shall require that all construction equipment, dieset trucks, and generators be equipped with Best Available Control Technology for emission reductions of diesel pafiiculate matter. Project construction equipment shatt be equipped with at least one of the following requirements: Conditions of Approval for Design Review Amendment 1095 Rollins Road Effective May 6, 2021 Page 8 41a. 41b 1. Mobile diesel-powered off-road equipment larger than 25 horsepower and operating on the site for more than two days continuously (or 20 hours in total) shall meet, at a minimum, one of the following: . Engines meeting US Environmental Protection Agency pafticulate matter emissions standards for Tier 4 engines or equivalent; . Use of altematively-f ueled equipment (i.e., non-diesel) would meet this requirement; or c Other measures may include the use of added exhaust devices; or a combination of measures, provided that these measures are demonstrated to reduce commun$ isk impacts to a lesslhan-significant level. 2. Ail diesel-powered off-road equipment larger than 25 horsepower must apply dieset pafticulate filters that reduce diesel particulate matter emissions by at /east 95 percent; Option A A location specific health rlsk assessment (HRA) shall be prepared by a quatified air quality specialist in accordance with the most recent Bay Area Air Quality Management District guidelines for modeling local risks and hazards. lf the HRA indicates that the project would expose sensrfrve receptors to an unacceptabte health risk from the project's proximity to U.S. 101 and Caltrain or if the cumulative health risk exceeds applicable thresholds, then mitigation (such as incorporating HVAC systems with high efficiency DPFs or MERV-I3 filters into the ventilation design, weatherproofing windows and doors, installation of passive electrostatic filtering systems, and adoption of a maintenance plan for the HVAC and air filtration systems) that reduces health risk below standards recommended by the Bay Area Air Quality Management District sha be incorporated into the development prior to permit issuance; OR Option B The applicant shall submit to the City a ventilation proposal prepared by a licensed design professional for the resrdences that describes the ventilation design and how that design will (a) filter outside air entering the building through its HVAC system with an efficiency of at least 90 percent, and (b) ensure all dwetting units would be below the excess cancer risk level of 10 in 1 million established by the BAAeMD. The specific means by which these performance standards are achieved wi be determined by the applicant; however,,t is assumed fhat installation of Minimum Efficiency Reporting Value 13 filters with a Dust spot Efficiency rating of 89 to go percent and an anestance rate of over 98 percent will be required. Additional measures used to meet the aforementioned peiormance standards could include, but would not be limited to the fo owing: 1 . For units that would use operable windows or other sources of infittration of ambient air, the development should install a heating ventilation and cooling (HVAC) system that includes high efficiency particulate fifters. EXHIBIT "A" EXHIBIT "A" Conditions of Approval for Design Review Amendment 1095 Rollins Road Effective May 6,2021 Page 9 For units that would limit infiltration through non-operable windows, a suitable ventilation system should include fiftration specifications equivalent to or better than the following: (1) American Society of Heating, Refrigerating and Air- Conditioning Engineers Minimum Efficiency Reporting Value 13 suppty air fitters, (2) greater than or equal to one air exchanges per hour of fresh outside filtered air, (3) greater than or equal to four air exchanges per hour recirculation, and (4) less than or equal to 0.25 air exchanges per hour in unfiltered infiltration. These types of filtration methods are capable of removing approximately g0 percent of the DPM ernlssions from air introduced into the HVAC system. Windows and doors should be fully weatherproofed with caulking and weather- stripping that is rated to last at least 20 years. Weatherproof should be maintained and replaced by the propefty owner, as necessary, to ensure functional$ for the lifetime of the project. Where appropriate, install passive (drop-in) electrostatic filtering systems, especially those with low air velocities (i.e., 1 mile per hour) Ensure an ongoing maintenance plan for the HVAC and filtration systems. Manufacturers of these types of filters recommend that they be replaced after tvvo to three months of use. The applicant should infom occupants regarding the proper use of any installed air filtration system; Biological Resources 42. lf construction activities commence during the nesting/breeding season of native bird species potentially nesting near the site (typicaily February 1 through August 31 in the project region), a pre-construction suNey for nesting birds shall be conducted by a qualified biologist within two weeks prior to the commencement of construction activities. lf active nesrs are found in areas that could be directly affected by construction and would be subject to prolonged construction-related noise, a no-disturbance buffer zone shall be created around active nests during the breeding seaso, or until a qualified biologist determines that all young have fledged. The avoidance buffer size shall be 300 feet for raptor species and 150 feet for all other bird species. The size of the buffer zones and types of construction activities restricted within buffers will be determined by a qualified biologist by taking into account factors such as the following: a. Noise and human disturbance levels at the construction site at the time of the survey and the noise and disturbance expected during the construction activity; Distance and amount of vegetation or other screening between the construction site and the nest; and 2 ., 4 5 b c Sensitivity of individual nesting species and behaviors of the nesting birds; 43. EXHIBIT "A" Conditions of Approval for Design Review Amendment 1095 Rollins Road Effective May 6, 202'l Page 10 Cultural Resources Prior to demolition or other ground disturbance, a qualified archaeologist wi conduct further archival and field study to identify archaeological resources that may show no indication on the sufface, including a good faith efforl to identify whether the shellmound indicated by the California Historical Resources lnformation Syslem search is present on the project site. Field study may include, but is not limited to, hand auger sampling, shovel test units, or geoarchaeological analyses as well as other common methods usedto identify the presence of buied archaeological resources. lf an archaeotogical resource is identified, the archaeologist will provide site-specific recommendations. ln the event archaeological resources are encountered during construction, work witt be halted within 100 feet of the discovered materials and workers will avoid altering the materials and their context until a qualified professional archaeologist has evaluated the situation and provided appropriate recommendations; 44.ln the event that human remains are discovered during project construction, there shalt be no fuiher excavation or disturbance of the site or any nearby area reasonably suspecled to overlie adjacent human remains. The county coroner shall be informed to evaluate the nature of the remains. lf the remains are determined to be of Native American origin, the Lead Agency shall work with the Native Ameican Heritage Commission and the applicant to develop an agreement for treating or disposing of the human remains; Geoglogy and Soils 45. Project design and construction shall adhere to Title 1 B, Chapter 1A.2A ot the City Municipal Code, and demonstrate compliance with all design standards appticabte to the California Building Code Zone 4 would ensure maximum practicabte protection avaitable lo users of the buildings and associated infrastructure; 46. A discovery of a paleontological specimen during any phase ofthe project shatl result in a work stoppage in the vicinity of the find until it can be evaluated by a professional paleontologist. Shou/d /oss or damage be detected, additional protective measures or further action (e.9., resource removal), as determined by a professional paleontotogist, shall be implemented to mitigate the impact; Hazards and Hazardous Materials 47. The contractor shall comply with Title 8, Califomia Code of Regulations/Occupational Safety and Health Administration requirements that cover construction work ihere an employee may be exposed to lead. This includes the proper removal and disposat ofpeeling paint, and appropriate sampling of painted building suiaces for tead prior to disturbance of the paint and disposal of the paint or painted materiats; EXHIBIT "A" Conditions of Approval for Design Review Amendment 1095 Rollins Road Effective May 6, 2021 Page 1 1 48. The applicant shall contract a Certified Asbestos Consultant to conduct an asbeslos survey prior to disturbing potential asbesfos containing building materials and shall follow the consultant's recommendations for proper handling and disposal of asbestos containing materials; 49. The contractor shall ensure the appropriate handling, storing, and sampling of any soil to be removed from the subject propefiy to eliminate potential health and safety isks to the public, including construction workers; 50. IVoise F1 Workers handling demolition and renovation activities at the project site will be trained in the safe handling and disposal of any containments with which they are handling or disposing of on the project site; The following mufflers and sound enclosures shall be utilized during project construction to reduce noise levels from individual pieces of construction equipment; o Generators and air compressors sha// be surrounded by acoustic shietding and/or sound enclosures capable of reducing noise by at least 6 decibets (dB) using the A- weighted sound pressure level (dBA); o An industial grade muffler or muffler of similar capacity capabte of reducing engine noise by at least 10 dBA shall be installed on excavators, dozers, tractors, loaders, backhoes, graders, and bore/dill rigs; and o An industrial grade muffler or muffler of similar capacity capable of reducing engine noise by at least 15 dBA shall be installed on concrete/industflal saws.