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HomeMy WebLinkAboutReso - PC - 2021.06.28 - 8CDocuSign 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 CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CA 94010 2021-165535 1:04 pm 12t02121 Rl Fee: NO FEE Count of Pages 12 Recorded in Official Records County of San Mateo Mark Church Assessor-County Clerk-Recor der l llllil l illill llffilililr ilil ilillilillil lllililti ilil ilil il ililil*$R00031816 85$* Resolution No. 2021-06.28-8c 1095 ROLLINS ROAD 026-231 -250 & 026-231 -260 TITLE OF DOCUMENT 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 2021 h^^rru hrl,it,tt Date: Kevin Gardiner, AICP, Community Development RESOLUTION APPROVING DESIGN REVIEW AMENDMENT #2 RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, an application has been made for Desiqn Review Amendment for chanoes to a previouslv aDDroved application for a Mitioated Neqative Declaration. General Plan Amendment. Rezoninct. Desion Review. Conditional Use Permit. Densitv Bonus, and Vestinq Tentative and Final Map for a new 6-storv, 1SO-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 June 28,2021, 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: 1. 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. 2. Said Design Review Amendment #2 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. 3. lt is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. Chairman I, R..LAAI0S - , 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 28th dav of June. 2021, by the following vote: 1095 ROLLINS RD - RESO 2021{6.28{c AYES: COMAROTO, LARIOS, LOFTIS, SCHiIID, TERRONES NOES: NONE ABSENT: GAUL,TSE REGUSED: NONE I EXHIBIT "A" Conditions of Approval for Design Review Amendment #2 1095 Rollins Road Effective July 8, 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 Cl .01 through C8.04, sheets API .0 through AP8.0 and sheets L1.O through L2.5; with revised elevations and landscape plans, as amended on the plans submitted to the Planning Division date stamped March 22, 2021, sheets A3.00 through 43.33 and L1."1 through L'1.1'l and further amended on the plans submitted to the planning Division date stamped June I , 2021 , sheets V0.1 through Vl .7; 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 9784,110.20, 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 concurrenfly with market-rate units; 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); 4 A 2 J 6 7 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 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; 8. Conditions of Approval for Design Review Amendment #2 1095 Rollins Road Effective July 8, 2021 Page 3 9 10 13. 14 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 Aftorney'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(c)(i);(b) An equity sharing agreement pursuant to Government Code Section 6591s(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 (,l5) 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 proiect; that the project shall be constructed in accordance with the December 24,2O1B "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, 2018 memo, and the Public-Works Engineering Division's December 5,2019 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-l 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 (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."; EXHIBIT "A" 11. 12. EXHIBIT "A" Conditions of Approval for Design Review Amendment #2 1095 Rollins Road Effective July 8,2021 Page 4 15 16 17. 18 19. 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 right-of-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 contraclor(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 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; 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; 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 a b d 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; EXHIBIT "A" Conditions of Approval for Design Review Amendment #2 1095 Rollins Road Effective July 8, 2021 Page 5 21 22. 23 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 I 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 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, Ievel sensors, etc.). Emergency generators shall be housed so that they meet the City's noise requirement; 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; 24 20. 26. 25. that this project shall comply with the state-mandated water conservation program, and a complete lrigation 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; EXHIBIT "A" Conditions of Approval for Design Review Amendment #2 1095 Rollins Road Effective July 8, 2021 Page 6 27 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 time of building permit application and the street trees will be protected during construction as required by the City Arborist; 28 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 requirementsi any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; 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; that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; 31 that the project shall meet all the requirements of the California Building and Uniform Fire Codes, as amended by the City of Burlingame; 32 that this project shall comply with Ordinance No. '1477, Exterior lllumination Ordinance; 33. 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 processp or to the inspections noted in each condition: that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners, set the building envelope; 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; 30 34 29. EXHIBIT "A" Conditions of Approval for Design Review Amendment #2 1095 Rollins Road Effective July 8, 2021 Page 7 36 that prior to scheduling the framing inspection, the project architect, engineer or other licensed professional shall provide architectural certification that the architectural details such as window locations and bays are built as shown on the approved plans; if there is no licensed professional involved in the project, the property owner or contractor shall provide the certification under penalty of perjury. Certifications shall be submitted to the Building Division; 39.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 shatl atso compty with the standard California Building Code (Title 24, Building Energy Efficiency Standards) to reduce the lateral spreading of light to surrounding uses, consr.srent uyrth 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 watt. ln addition, lighting fixtures would not be located more than nine feet above adjacent grade or required landing; walls or poftions of walls would not be floodlit; and onty shielded light fixtures which focus light downward would be used, except for i uminated street numbers required by the fire depafiment; Air Quality 40. 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 particulate mafter. Project construction equipment shalt be equipped with at least one of the following requirements: 1. Mobile diesel-powered off-road equipment larger than 2O 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: 37. 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; 38. 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 Aesfhefrcs EXHIBIT "A" Conditions of Approval for Design Review Amendment #2 1095 Rollins Road Effective July 8, 2021 Page 8 41a. 41b. . Engines meeting US Environmental Protection Agency pafticulate matter emr.ssrbns standards for Tier 4 engines or equivalent; o Use of alternatively-fueled equipment (i.e., non-dieset) would meet this requirement; or . Other measures may include the use of added exhaust devices; or a combinationof measures, provided that these measures are demonstrated to reduce community isk impacts to a lesslhan-significant level. 2. Ail diesel-powered off-road equipment targer than 2s horsepower must appty diesetpafiiculate filters that reduce diesel pafticulate mafter emissions by at tbast 9s percent; Option A A location specific health rlsk assessment (HRA) shall be prepared by a qualified airquality specialist in accordance with the most recent Bay Area Air euaiity Management District guidelines for modeling local risks and hazards. tf the HRA indicates lhat heproject would expose sensftlve receptors to an unacceptabte heatth risk from theproject's proximtu to u.s. 101 and caltrain or if the cumulative heatth risk exceeds applicable thresholds, then mitigation (such as incorporating HVAC systems with high efficiency DPFs or MERV-I3 filters into the ventitation design, weatheiproofing windoirs and doors, installation of passive electrostatic filtering systems, and adoption of a maintenance plan for the HVAj and air filtration syslems.) that reduces health risk below standards recommended by the Bay Area Air euatity 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 ticensed 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 alt dwelting units would be below the excess cancer risk level of 10 in 1 million established by the BAAeMD. The specific means by which these pefformance standards are achieved wilt be determined by the applicant; however, it is assumed that installation of Minimum Efficiency Reporting value 13 filters with a Dust spot Efficiency rating of 89 to 90 percent and an'arrestanci rate of over 98 percent will be required. Additional measures used to meet the aforementionedpeiormance standards could include, but would not be timited to the following: 1 . For units that would use operable windows or other sources of infiltration of ambient air, the development should instalt a heating ventilation and cooling (HVAC) system that includes high efficiency particutate fitters. 2. For units that would limit infittration through non-operable windows, a suitabteventilation system should include filtration specifications equivatent to or betterthan the following: (1) American Society of Heating, Refrigerating and Air_conditioning Engineers Minimum Efficiency Repofiing value 1i suppiy air fitters,(2) greater than or equal to one air exchanges per hour of fresh outside filtered aii, EXHIBIT "A" Conditions of Approval for Design Review Amendment #2 {095 Rollins Road Effective July 8,2021 Page I J 4 (3) greater than or equal to four air exchanges per hour recirculation, and (4) less than or equalto 0.25 air exchanges per hour in unfiltered infittration. These types of filtration methods are capable of removing approximately gO percent of the DpM emissions from ah introduced into the HVAC system. Windows and doors should be fully weatherproofed with cautking 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 functionatity for the lifetime of the project. Where appropriate, install passive (drop-in) electrostatic especially those with low air velocities (i.e., 1 mile per hour) filtering systems, Biological Resources Ensure an ongoing maintenance plan for the HVAC and filtration sysfems. Manufacturers of these Upes of filters recommend that they be reptaced after two to three months of use. The applicant should inform occupants regarding the proper use of any instalted air filtration system; 42. lf construction activities commence during the nesting/breeding season of native bird species potentially nesting near the site (typically February 1 through August 31 in theproject region), a pre-construction survey for nesting birds shalt be conducted by a qualified biologist within two weeks prior to the commencement of construction activiies.lf active resfs are found in areas that could be directty affected by construction and would be subject to prolonged construction-retated noise, a no-disturbance buffer zone shall be created around active nests during the breeding season or untit a quatified biologist determines that all young have fledged. The avoidance buffer size shati be 3OO 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 witl be determined by a qualified biologist by taking into account factors such as the fottowing: a. Nor-se and human disturbance levels at the construction site at the time of the survey and the noise and disturbance expected during the construction activity; b. Distance and amount of vegetation or other screening between the construction site and the nest; and c. Sensitivity of individual nestrng spec,res and behaviors of the nesting birds; Cultural Resources 43.Prio.r to demolition or other ground disturbance, a qualified archaeologist will conductfufther archival and field study to identify archaeological resources thit may show no indication on the surtace, including a good faith effort to identify whether the ihettmound Conditions of Approval for Design Review Amendment #2 1095 Rollins Road Effective July 8, 2021 Page 10 44 47 48. ln the event that human remains are discovered during project constructian, there shaltbe no fufiher excavation or disturbance of the site or any nearby area reasonably suspected 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 oigin, the Lead Agency shatt work with the Native American Heritage commission and the applicant to develop an agreement for treating or disposing of i-he human remains; Geoglogy and Soils 45. Project design and construction shall adhere to Ti e 1g, chapter 1g.2g of the city Municipal Code, and demonstrate compliance with att design standards applicable to the California Building Code Zone 4 would ensure maximum practicabte protection availabte to users of the buildings and associated infrastructure; 46. A discovery of a paleontological specimen during any phase of the project sha resutt ina work stoppage in the vicinity of the find untit it can be evaluated by a professional paleontologist. shou/d /oss or damage be detected, additionat protective measures or further action (e.9., resource removal), as determined by a proiessionat paleontologist, shall be implemented to mitigate the impact; Hazards and Hazardous Materials indicated by the califomia Historical Resources lnformation system search is present on the project site. Field study may include, but is not limited to, hand augei sampling, shove/ test units, or geoarchaeological analyses as wel/ as other common methods usedto identify the presence of buried 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 wilt be halted within 100 feet of the discovered materials and workers wilt avoid alteing the materials and their context until a qualified professional archaeologist has evatuatid the situ ation and provided appropriate recommendation s; T!e- gontractgr shall comply with riile B, catifomia code of Regutations/occupational safety and Health Administration requirements that cover constiuction work where an emp_loyee may be exposed to lead. This includes the proper removal and disposal ofpeeling paint, and appropriate sampting of painted building suiaces for lead prior to disturbance of the paint and disposal of the paint or painted materiats; The applicant shall contract a ceftified Asbestos consuttant to conduct an asbestos s_u1rey priq to disturbing potential asbesfos containing building materiats and shattfollow the consultant's recommendations for proper haiating and disposat of asbestos containing mateials; EXHIBIT "A" EXHIBIT "A" Conditions of Approval for Design Review Amendment #2 1095 Rollins Road Effective July 8, 202'l Page 1 1 49. The contractor shall ensure the appropriate handling, storing, and sampling of any soil to be removed from the subject property to eliminate potential health and safety risks to the public, including construction workers; 50. 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; Arorse 51 The following mufflers and sound enclosures sha// be utilized during project construction to reduce noise levels from individual pieces of construction equipment; . Generators and air compressors sha// be sunounded by acoustic shielding and/or sound enclosures capable of reducing noise by at least 6 decibels (dB) using the A- weighted sound pressure level (dBA); o An industrial grade muffler or muffler of similar capacity capable of reducing engine noise by at least 10 dBA shall be installed on excavators, dozers, tractors, loaders, backhoes, graders, and bore/drill rigs; and . An industrial grade muffler or muffler of similar capacity capable of reducing engine noise by at least 15 dBA shall be installed on concrete/industnal saws.