HomeMy WebLinkAboutReso - PC - 2021.06.28 - 8D-1DocuSlgn Envelope lD: 7 1 4427 6C-21 6E-4AF9-ACA5- 1 A0 1 E3oABSD E
RECORDING REQUESTED BY:
Planning Department
City of Burlingame
WHEN RECORDED MAIL TO:
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF BURLINGAME
5O1 PRIMROSE ROAD
BURLINGAME, CA 94010
2021-165534
1:04 pm 12102121 R1 Fee: NO FEE
Count of Pages 22
Recorded in Official Records
CountY of San Mateo
Mark Church
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Resolution No. 2021-06.28-8d-1
61 9-625 CALIFORNIA DRIVE
029-131-140, -150, & -160
J
TITLE OF DOGUMENT
I hereby certify this to be a full, true and correct copy of the
document it purports to be, the original of which is on file in my
office.
October 25 2021
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Date:
Kevin Gardiner, AICP, Communig Development
RESOLUTION NO. 2O21.06.28.2I.8d.1.ENTITLEMENTS
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BURLINGAME
APPROVING AN APPLICATION FOR AMENDMENT TO COiiIMERCIAL DESIGN REVIEW,
CONDITIONAL USE PERMIT FOR BUILDING HEIGHT, AND CONDOMINIUM PERMIT FOR
A NEW 44-UNIT LIVE/WORK DEVELOPMENT
AT 619-625 CALIFORNIA DRIVE
(ASSESSOR PARCEL NOS: 029-13{-{40, 029-,t31-150 & 029-13t-160)
WHEREAS, on July 22,2020, Ed Duffy, on behalf of Ed 1005 BM LLC, filed an apptication with
the City of Burlingame Community Development Department - Planning Division requesting approval of
the following requests:
Amendment to Commercial Design Review for construction of a new five-story, 44-unit live/work
building (C.S. 25.31.045 and 25.57.010 (c) (1) and Chapter 5 of the Downtown Specific ptan);
Conditional Use Permit for building height (54'-8%" proposed where 55'-0" is the maximum
allowed; Conditional Use Permit required if buitding exceeds 35'-0') (C.S. 25.31.060 (c)); and
condominium Permit for construction of the new building (each unit to be privately owned) (c.s.
26.30.020).
WHEREAS, on November 9, 2020 the Planning Commission conducted a duly noticed public
hearing (design review study meeting) to review a 44-unit live/work development project. At that time
direction was provided to the applicant to provide additional information and comments were received
from the Commission and public regarding issues to be addressed in the Addendum to the project lnitial
Study/Mitigated Negative Declaration (lS/MND); and
WHEREAS, an Addendum to the IS/MND was prepared to analyze project impacts; and
Following consideration of all information contained in the June 28, 2021 staff report to the
Planning Commission regarding the project, all written conespondence, and all public comments
received at the public hearing, the Commission grants approval of the 44-unit live/work development
project based on the following findings regarding the project entitlements:
that the proposal consists of exterior facades with a variety of materials, including Parklex fagade
cladding, metal batten siding, architectural concrete, stainless steel columns and canopies,
aluminum balcony railings, and aluminum framed windows and doors, is consistent with the
pattern of diverse architectural styles that characterize the city's commercial areas, and that
architecturally the design is consistent by using a single architectural style on the site that is
consistent among primary elements of the structure;
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Commercial Desiqn Review Findinqs:
that the proposed ground floor facade along California Drive, consisting of an aluminum and glass
system recessed at various points along the building fagade and a metal canopy at the main entry
to the building, and concealing the parking garage by locating it behind the building and placing
the vehicle entry to the garage along the side of the building off Oak Grove Avenue, promotes
pedestrian activity by allowing views directly into the lobby, workshare/co-working space and
conference room,
that the proposed design fits the site and is compatible with the surrounding development in that
the project is consistent with existing buildings in the area characterized by simple massing, flat
walls and roofs, and repetitive fenestration; the project mediates between existing two- and three-
story buildings in the area to create a continuous neighborhood, is well articulated, and embraces
the street and the pedestrian realm;
that the design exhibits thoughtful massing, character and pedestrian scale and contains a four-
story faqade at the front and rear of the building (fifth floor is setback 19'-6" along the front of the
building and g'-0" along the rear of the building); and
Conditional Use Permit Fi dinqs for Buildino Heiqht
The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience, in that the live/work use is consistent with the existing commercial and
multiple-family residential uses in the neighborhood;
The proposed use will be located and conducted in a manner in accord with the Burlingame
General Plan and the purposes of this title, in that it provides a live/work use on a property
determined to be suitable for such use in the Zoning Code and Burlingame General Plan; and
The proposed project will be compatible with the aesthetics, mass, bulk, and character of the
existing and potential uses on adjoining properties in the general vicinity in that given the
neighborhood, bounded by California Drive, Oak Grove Avenue, El Camino Real and Bellevue
Avenue, is generally composed of two- to four-story structures, the project is generally compatible
with the surrounding structures in mass and scale with a proposed building height of 54'-8/a" lo
top of roof; and because the top (5th) floor is stepped back 19 -6" along the front of the building
and 9 -0" along the rear of the building, it will provide a sense of a four-story building when viewed
from nearby locations, will be a less prominent element of the front building faqade, and given the
proximity of the project site to other three- and four-story buildings in the general vicinity and in
the Downtown area it will be compatible with the mass and character of buildings in the area.
2
. that the proposal is consistent with the design guidelines established in Chapter 5 of the
Downtown Specific Plan (Design & Character).
Sound community planning; the economic, ecological, social and aesthetic qualities of the
communiA; and on public health, safety and general welfare in that the 44-unit live/work
development project is scaled to be compatible with existing commercial and multifamily
buildings in the area and features appropriate landscaping with usable common open space
both on the ground level and on the fourth floor terrace;
conformity with the general plan and density permitted by zoning regulations, in that the project
provides 44 live/work units and consistent with the applicable general plan and zoning
designations.
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
Section 1. Said applications for Amendment to Commercial Design Review, Conditional Use
Permit for Building Height, and Condominium Permit for a new 44-Unit LiveMork Development are
approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Amendment
to Commercial Design Review, Conditional Use Permit, and Condominium Permit are set forth in the staff
report, minutes, and recording of said meeting.
Section 2. lt is further directed that a certified co
records of the County of San Mateo.
Chairman
t,h.lnn 0s , 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 28h dav of June. 2021. by the following vote:
2
Condominium Permit Findinqs:
The overall impact on schools, parks, utilities, neighborhoods, streets, traffic, parking and other
community facilities and resources in that the project site is located in an urban area and is
surrounded by commercial and residential development which is served by utility and public
services; and that a Mitigated Negative Declaration and Addendum prepared for the project
analyzed potential impacts of new infill development and included conditions of approval to
mitigate potential environmental impacts, and with incorporation of these conditions of approval,
the project would not result in any significant effects relating to traffic, noise, air quality, or water
quality; and
of this resolution be recorded in the official
SCHTIO, TERROI{ESNOES: I{OI{E
ABSENT: cAUl- TSE
REGUSED: NONE
I
4
RESOLUTION NO.
EXHIBIT "A"
Conditions of Approval for Amendment to Commercial Design Review, Conditional Use Permit,
and Condominium Permit.
61 9-625 California Drive
Effective July 8,2021
Page 1
1 that the project shall be built as shown on the plans submitted to the Planning Division
date stamped January 25, 2021 , sheets A-0.01a through 4-6.00, Architectural Site Survey,
L-01.00 through L-02.00, C-1 and C-2;
that prior to issuance of a building permit, the applicant shall consult with the City Arborist
to determine the number, size, spacing and species of street trees along California Drive
in front of the project site; all new street trees shall be shown on the plans submitted for a
building permit;
the applicant shall apply for a tentative and final condominium map and tentative and final
parcel map for lot merger with the Public Works, Engineering Division for processing in
conformance with the Subdivision Map Act;
that prior to issuance of a building permit for construction of the project, the project
construction plans shall be modified to include a cover sheet listing all conditions of
approval adopted by the Planning Commission, or City Council on appeal; which shall
remain a part of all sets of approved plans throughout the construction process.
Compliance with all conditions of approval is required; the conditions of approval shall not
be modified or changed without the approval of the Planning Commission, or City Council
on appeal;
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 the maximum elevation at the top of the roof ridge shall not exceed elevation 73.91'
as measured from the average elevation at the top of the curb for a maximum height of
54'-8%, and that the top of each floor and final roof ridge shall be surveyed and approved
by the City Engineer as the framing proceeds and prior to final framing and roofing
inspections. 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;
that prior to issuance of a building permit for the poect, the applicant shall pay the first
half of the public facilities impact fee in the amount of $94,442.90, made payable to the
City of Burlingame and submitted to the Planning Division;
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4
5
6
7
1
RESOLUTION NO.
EXHIBIT "A"
Conditions of Approval for Commercial Design Review, Conditional Use Permit, Condominium
Permit, Tentative Condominium Map and Tentative Parcel Map for Lot Merger.
619-625 California Drive
Effective October 4, 2018
Page 2
o that prior to scheduling the final framing inspection, the applicant shall pay the second half
of the public facilities impact fee in the amount of $94,442.90, made payable to the City of
Burlingame and submitted to the Planning Division;
that the final inspection shall be completed and a certificate of occupancy issued before
the close of escrow on the sale of each unit;
10 that the developer shall provide to the initial purchaser of each unit and to the board of
directors ofthe condominium association, an owner purchaser manual which shall contain
the name and address of all contractors who performed work on the project, copies of all
warranties or guarantees of appliances and fixtures and the estimated life expectancy of
all depreciable component parts of the property, including but not limited to the roof,
painting, common area carpets, drapes and furniture;
11 that the trash receptacles, furnaces, and water heaters shall be shown in a legal
compartment outside the required parking and landscaping and in conformance with
zoning and California Building and Fire Code requirements before a building permit is
issued;
12 that Klaus MultiBase 2072i and Klaus Trendvario 3100 stacker systems, or equivalent
parking lifts, shall be installed with the following conditions:
the parking lifts shall be properly illuminated to provide safety for easy loading and
unloading, while not causing excessive glare.
a
b signage shall be installed in each garage explaining the proper use of the lifts and
emergency contact information for lift maintenance or problems.
the final design of the parking lifts shall be subject to the review and approval of
the Community Development Director.
Construction Management Plan: The project applicant and its construction contractor(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:
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2
L
RESOLUTION NO.
EXHIBIT "A"
Conditions of Approval for Commercial Design Review, Conditional Use Permit, Condominium
Permit, Tentative Condominium Map and Tentative Parcel Map for Lot Merger.
6'19-625 California Drive
Effective October 4, 2018
Page 3
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.;
A construction parking plan to provide worker parking off site and generally off
neighborhood streets, with shuttles or other transportation as needed to transport
workers to the site; 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 conect the problem.
14.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;
15 that storage of construction materials and equipment on the street or in the public right-of-
way shall be prohibited;
16.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 righfof-
way; covering/tarping stored construction materials, fuels and other chemicals;
a
b
c
d
f
c
EXHIBIT "A"
Conditions of Approval for Commercial Design Review, Conditional Use Permit, Condominium
Permit, Tentative Condominium Map and Tentative Parcel Map for Lot Merger.
619-625 California Drive
Effective October 4, 2018
Page 4
17 that all runoff created during construction and future discharge from the site shall be
required to meet National Pollution Discharge Elimination System (NPDES) standards;
'18.that the applicant shall submit an erosion and sedimentation control plan describing BMPs
(Best Management Practices) to be used to prevent soil, dirt and debris from entering the
storm drain system; the plan shall include a site plan showing the property lines, existing
and proposed topography and slope; areas to be disturbed, locations of cut/fill and soil
storage/disposal areas; areas with existing vegetation to be protected; existing and
proposed drainage patterns and structures; watercourse or sensitive areas on-site or
immediately downstream of a project; and designated construction access routes, staging
areas and washout areas;
'19 that construction access routes shall be limited in order to prevent the tracking of dirt
onto the public rightof-way, clean off-site paved areas and sidewalks using dry sweeping
methods;
20 that methods and procedures such as sediment basins or traps, silt fences, straw bale
dikes, storm drain inlet protection such as soil blanket or mats, and covers for soil stock
piles to stabilize denuded areas shall be installed to maintain temporary erosion controls
and sediment control continuously until permanent erosion controls have been
established;
21.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;
22.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;
23.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 the applicant shall obtain a Tree Work Permit from the Parks Division for removal of
the existing red oak street tree along Oak Grove Avenue;
24
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RESOLUTION NO.
RESOLUTION NO.
EXHIBIT "A"
Conditions of Approval for Commercial Design Review, Conditional Use Permit, Condominium
Permit, Tentative Condominium Map and Tentative Parcel Map for Lot Merger.
6'19-625 California Drive
Effective October 4, 2018
Page 5
25 that the applicant shall coordinate with the City of Burlingame Parks Division regarding the
replacement of the two existing street trees along California Drive with two new London
Plan street trees and the replacement of the existing red oak tree with a new red oak tree
along Oak Grove Avenue;
26 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 inigation 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;
27.that the poect 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;
28.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;
29 that the applicant shall comply with Ordinance '1503, the City of Burlingame Storm Water
Management and Discharge Control Ordinance;
that the project shall be required to comply with all the standards of the California Building
and Fire Codes, in effect at time of building permit issuance, as amended by the City of
Burlingame;
31. that this project shall comply with Ordinance No. 1477, Exterior lllumination Ordinance;
The following four (4) conditions shall be met during the Building lnspection process prior
to the inspections noted in each condition:
32 that prior to scheduling the foundation inspection, a licensed surveyor shall locate the
properly corners, set the building footprint and certify the first floor elevation of the new
structure(s) based on the elevation at the top of the form boards per the approved plans;
this survey shall be accepted by the City Engineer;
30
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35
RESOLUTION NO.
22 that prior to scheduling the framing inspection the project architect or residential designer,
or another architect or residential design professional, shall provide an architectural
certification that the architectural details shown in the approved design which should be
evident at framing, such as window locations and bays, are built as shown on the approved
plans; architectural certification documenting framing compliance with approved design
shall be submitted to the Building Division before the final framing inspection shall be
scheduled;
that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height
of the roof ridge and provide certification of that height to the Building 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;
The Following Conditions of Approval are from the Downtown Specific Plan:
the project sponsor shall prepare a Geotechnical Study identifying the depth to the
seasonal high water table at the project site. No permanent groundwater dewatering would
be allowed. lnstead, all residential uses must be elevated to above the seasonal high
water table and all areas for non-residential uses shall be flood-proofed and anchored, in
accordance with floodplain development requirements, to the design depth as
recommended by geotechnical engineer. Final design shall be prepared by a qualified
professional engineer and approved by the Burlingame Department of Public Works prior
to receiving a building permit;
37 the project sponsor shall implement all appropriate control measures from the most
currently adopted air quality plan at the time of project construction;
38 the project sponsor shall ensure implementation of the following mitigation measures
during project construction, in accordance with BAAQMD standard mitigation
requirements:
a. All exposed surfaces (e.9., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day or as necessary.
36
b
EXHIBIT "A"
Conditions of Approval for Commercial Design Review, Conditional Use Permit, Condominium
Permit, Tentative Condominium Map and Tentative Parcel Map for Lot Merger.
619-625 California Drive
Effective October 4, 20'18
Page 6
b. All haul trucks transporting soil, sand, or other loose material offsite shall be covered
or otheMise loaded consistent with California Vehicle Code Section 23114.
RESOLUTION NO.
EXHIBIT "A"
Conditions of Approval for Commercial Design Review, Conditional Use Permit, Condominium
Permit, Tentative Condominium Map and Tentative Parcel Map for Lot Merger.
6 19-625 California Drive
Effective October 4, 2018
Page 7
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day. The use of dry sweeping is
prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph
e. All roadways, driveways, sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding
or soil binders are used.
f. ldling times shall be minimized either by shutting off equipment when not in use or
reducing the maximum idling time to 5 minutes (as required by the California airborne
toxics control measure Title 13, Section 2485 of the California Code of Regulations
[CCR]). Clear signage shall be provided for construction workers at all access points.
g. All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified mechanic
and determined to be running in proper condition prior to operation.
h. Post a publicly visible sign with the telephone number and person to contact at the
Lead Agency regarding dust complaints. This person shall respond and take corrective
action within 48 hours. The Air District's phone number shall also be visible to ensure
compliance with applicable regulations.
39 the project sponsor shall implement the following Greenhouse Gas reduction measures
during construction activities:
a. Alternative-Fueled (e.9., biodiesel, electric) construction vehiclesiequipment shall
make up at least 15 percent of the fleet.
c. Recycle at least 50 percent of construction waste or demolition materials
40 the project sponsor shall provide adequate secure bicycle parking in the plan area at a
minimum ratio of 1 bicycle spot for every 20 vehicle spots;
that employers shall post and update information on alternate modes of transportation for
the area (i.e. bus/shuttle schedules and stop locations, maps);
7
41.
b. Use at least 10 percent local building materials.
43
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RESOLUTION NO.
EXHIBIT "A"
Conditions ofApproval for Commercial Design Review, Conditional Use Permit, Condominium
Permit, Tentative Condominium lrap and Tentative Parcel Map for Lot Merger.
6'19-625 California Drive
Effective October 4, 2018
Page 8
42 the project sponsor shall incorporate commercial energy efficiency measures such that
energy efficiency is increased to15% beyond 2008 title 24 standards for electricity and
naturalgas;
the project sponsor shall incorporate recycling measures and incentives such that a solid
waste diversion tate ol 75o/o is achieved upon occupation of each phase of plan
development;
the project sponsor shall incorporate commercial water efficjency measures such that
water consumption is decreased by a minimum of '10 percent over current standard water
demand factors;
45 that construction shall avoid the lrarch '15 through August 31 avian nesting period to the
extent feasible. lf 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 7 days prior to
construction. The area surveyed shall include all clearing/construction areas, as well as
areas within 250 ft. of the boundaries of these areas, or as otherwise determined by the
biologist. ln the event that an active nest is discovered, clearing/construction shall be
postponed within 250 ft. of the nest, until the young have fledged (left the nest), the nest
is vacated, and there is no evidence of second nesting attempts;
46 thatfor projects within the Plan Area that require excavation, a Phase I Environmental Sate
Assessment (and Phase ll sampling, where appropriate) would be required. lf the Phase
I Environmental Site Assessment determines that remediation is required, the project
sponsor would be required to implement all remediation and abatement work in
accordance with the requirements ofthe Department of Toxic Substances Controt (DTSC),
Regional Water Quality Control Board (RWQCB), or other jurisdictional agency;
47 that the following practices shall be incorporated into the construction documents to be
implemented by the project contractor.
a. Maximize the physical separation between noise generators and noise receptors
Such separation includes, but is not limited to, the following measures:
Use heavy-duty mufflers for stationary equipment and barriers around particularly
noisy areas of the site or around the entire site; - Use shields, impervious fences,
or other physical sound barriers to inhibit transmission of noise to sensitive
receptors;
Locate stationary equipment to minimize noise impacts on the community; and
Minimize backing movements of equipment.
8
EXHIBIT'4"
Conditions of Approval for Commercial Design Review, Conditional Use Permit, Condominium
Permit, Tentative Condominium Map and Tentative Parcel Map for Lot lrerger.
619-625 California Drive
Effective October 4, 2018
Page I
b. Use quiet construction equipment whenever possible
c. lmpact equipment (e.9., jack hammers and pavement breakers) shall be hydraulically
or electrically powered wherever possible to avoid noise associated with compressed
air exhaustfrom pneumatically-powered tools. Compressed airexhaust silencers shall
be used on other equipment. Other quieter procedures, such as drilling rather than
using impact equipment, shall be used whenever feasible.
48 the project sponsor shall incorporate the following practice into the construction
documents to be implemented by construction contractors: 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;
49 that if the project increases sewerflows to the sanitary sewer system, the project sponsor
shall coordinate with the City Engineer to determine if improvements to public sanitary
sewer infrastructure are needed. lf improvements are needed, the following shall apply:
that prior to issuance of a building permit, the project sponsor shall develop a plan to
facilitate sanitary sewer improvements. The plan shall include a schedule for
implementing sanitary sewer upgrades that would occur within the development site
and/or contribution of a fair share fee toward those improvements, as determined by
the City Engineer. The plan shall be reviewed by the City Engineer.
50 that prior to issuance of a building permit, the development plans shall be reviewed by the
Fire Marshal to determine if lire flow requirements would be met given the requirements
of the proposed project, and the size of the existing water main(s). lf the Fire Marshal
determines improvements are needed for fire protection services, then the following shall
apply:
I
RESOLUTION NO.
. that prior to issuance of a building permit the project sponsor shall be required to
provide a plan to supply adequate water supply for fire suppression to the project site,
consistent with the Fire l\rarshal's requirements. The plan shaU be reviewed by the
Fire [Iarshal. The project sponsor shall be responsible for implementation of the plan
including installation of new water mains, and/or incorporation of fire water storage
tanks and booster pumps into the building design, or other measures as detemined
by the Fire Marshal.
RESOLUTION NO.
EXHIBIT "A"
Conditions of Approval for Commercial Design Review, Conditional Use Permit, Condominium
Permit, Tentative Condominium Map and Tentative Parcel Map for Lot Merger.
619-625 California Drive
Effective October 4, 2018
Page 10
51. that if evidence of an archeological site or other suspected cultural resource as dellned by
CEQA Guidelines Section 15064.5, including darkened soil representing past human
activity ("midden"), that could conceal material remains (e.9., worked stone, worked bone,
fired clay vessels, faunal bone, hearths, storage pits, or burials) is discovered during
construction-related earth-moving activitjes, all ground-disturbing activity within 100 feet
of the resources shall be halted and the City of Burlingame shall be notified. The project
sponsor shall hire a qualified archaeologist to conduct a field investigation. The City of
Burlingame shall consult with the archeologist to assess the significance of the find.
lmpacts to any significant resources shall be mitigated to a less-than significant level
through data recovery or other methods determined adequate by a quatified archaeologist
and that are consistent with the Secretary of the lnterio/s Standards for Archeological
Documentation. Any identified cultural resources shall be recorded on the appropriate
DPR 523 (A-J) form and filed with the NWIC;
that 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 ofthe discovery and immediately
notify the City of Burlingame. The project sponsor shall retain a qualafied paleontologist to
provide an evaluation of the find and to prescribe mitigation measures to reduce impacts
to a lessthan-significant level. Work may proceed on other parts of the project site whate
mitigation for paleontological resources or geologic features as carried out. The project
sponsor shall be responsible for implementing any additional mitigation measures
prescribed by the paleontologist and approved by lhe City; and
that if human remains are discovered at any project construction site during any phase of
construction, all ground-disturbing activity within 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. lfthe 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 sponsor shall also retain a
professional archaeologist with Native American burial experience to conduct a field
investigation of the specific site and consult with the Most Likely Descendant, if any,
identified by the NAHC. As necessary, the archaeologist may provide professional
assistance to the Most Likely Descendant, including the excavation and removal of the
human remains. The City of Burlingame shall be responsible for approval of recommended
mitigation as it deems appropriate, taking account of the provisions of State law, as set
forth in CEQA Guidelines section 15064.5(e) and Public Resources Code section 5097.98.
10
RESOLUTION NO.
EXHIBIT "A"
Conditions of Approval for Commercial Design Review, Conditional Use Permit, Condominium
Permit, Tentative Condominium Map and Tentative Parcel Map for Lot Merger.
619-625 California Drive
Effective October 4, 2018
Page 1 1
The project sponsor 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.
Mitigation Measures from Environmental lmpact Report:
Air Quality
54 MM AIR-1: During construction activities, the following air pollution control measures shall
be implemented:
EE
11
. Exposed surfaces (e.9., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.. All visible mud or dirt track-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.. All roadways, driveways, and sidewalks shall be paved as soon as possible.. ldling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California airborne
toxics control measure Title '13, Section 2485 of California Code of Regulations
[CCR]). Clear signage shall be provided for construction workers at all access
points.. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
visible emissions evaluator. A publicly visible sign shall be posted with the telephone number and person to
contact at the City regarding dust complaints. This person shall respond and take
corrective action within 48 hours of a complaint or issue notification. The BAAeMD,s
phone numbershall also be visible to ensure compliance with applicable regulations.
MM AIR-2: The developer or Project Applicant shall ensure all off-road construction
equipment in excess of 50 horsepower used on-site by the developer or contractors is
equipped with engines meeting the EPA Tier lV off-road engine emission standards. The
construction contractor shall maintain a log of equipment use at the construction site with
make, model, serial number, and certification level of each piece of construction
equipment that will be available for review by City building inspection staff.
RESOLUTION NO.
EXHIBIT "A"
Conditions of Approval for Commercial Design Review, Conditional Use Permit, Condominium
Permit, Tentative Condominium Map and Tentative Parcel Map for Lot Merger.
6'19-625 California Drive
Effective October 4, 2018
Page 12
Biological Resources
56. MM BIO-'I: Migratory Birds and Nesting Raptors
lf construction or tree removal is proposed during the breeding/nesting season for
local avian species (typically March 1 through August 31), a focused survey for active
nests of raptors and migratory birds within and in the vicinity of (no less than 250
feet outside the project boundaries, where possible) the project site shall be
conducled by a qualified biologist. One survey will be conducted 30 days prior to
tree removal or construction activities. lf no active nests are found, tree removal or
construction activities may proceed.
lf an active nest is located during pre-construction surveys, the United States Fish
and Wildlife Service and/or the California Department of Fish and Wildlife (as
appropriate) shall be notified regarding the status of the nest. Furthermore,
construction activities shall be restricted to avoid disturbance of the nest until it is
abandoned or the biologist deems disturbance potential to be minimal. Restrictions
may include establishment of exclusion zones or alteration of the construction
schedule.
57 . MM BIO-2: Special-status Bat Species
2
1 To reduce construction related impacts to special-status bat species, a bat survey
shall be conducted between March 1 to July 31 by a qualified wildlife biologist within
the year of proposed construction start and prior to ground disturbance. lf no bat
roosts are detected, then no further action is required. lf a colony of bats is found
roosting on-site, then the following mitigation will be implemented to reduce the
potential disturbance:
lf a female or maternity colony of bats are found on the project site, a wildlife biologist
through coordination with CDFW shall determine what physical and timed buffer
zones shall be employed to ensure the continued success of the colony. Such buffer
zones may include a construction-free banier of 200 feet from the roost and/or the
timing of the construction activities outside the maternity roost season (after July 31
and before March 1).
12
1.
EXHIBIT "A"
Conditions of Approval for Commercial Design Review, Conditional Use Permit, Condominium
Permit, Tentative Condominium Map and Tentative Parcel Map for Lot Merger.
619-625 California Drive
Effeciive October 4, 2018
Page 13
Cultural and Tribal Cultural Resources
58.MM CUL-I: ln the event a potentially significant cultural resource is encountered during
subsurface earthwork activities, all construction activities within a 10O-foot radius of the
find shall cease and workers should avoid altering the materials until an archaeologist who
meets the Secretary of lnterior's Professional Qualification Standards for archaeology has
evaluated the resource. The Applicant shall include a standard inadvertent discovery
clause in every construction contract to inform contractors of this requirement. The
resource shall be recorded on appropriate Department of Parks and Recreation (DpR)
forms and evaluated for significance in terms of CEQA criteria by the qualified
archaeologist. lf the resource is determined significant under CEQA, the qualified
archaeologist shall prepare and implement a research design and archaeological data
recovery plan that will capture those categories of data for which the site is significant in
accordance with Section 15064.5 of the CEQA Guidelines. The archaeologist shall also
perform appropriate technical analyses, prepare a comprehensive report complete with
methods, results, and recommendations, and provide for the permanent curation of the
recovered resources. The report shall be submitted to the City of Burlingame, the
Northwest lnformation Center, and the State Historic Preservation Office (SHpO), as
required.
59 MM CUL-2: ln the event that fossils or fossil-bearing deposlts are discovered during
construction activities, excavations within a 10o-foot radius of the find shall be temporarily
halted or diverted. The project contractor shall notify a qualified paleontologist to examine
the discovery. The applicant shall include a standard inadvertent discovery clause in
every construction contract to inform contractors of this requirement. The paleontologist
shall document the discovery as needed in accordance with Society of Vertebrate
Paleontology standards and assess the significance of the find under the criteria set forth
in CEQA Guidelines Section '15064.5. The paleontotogist shall notify the appropriate
agencies to determine procedures that would be followed before construction activities
are allowed to resume at the location of the find. lf the Applicant determines that
avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating
the effect of construction activities on the discovery. The plan shall be submitted to the
city of Burlingame for review and approval prior to implementation, and the Applicant shall
adhere to the recommendations in the plan.
MM CUL-3: ln the event of the accidental discovery or recognition of any human remains,
CEQA Guidelines Section 15064.5, Heatth and Safety Code Section 7OSO.5, and pubtic
Resources code sections 5097.94 and section 5097.98 must be followed. lf during the
60
13
RESOLUTION NO.
RESOLUTION NO.
EXHIBIT "A"
Conditions of Approval for Commercial Design Review, Conditional Use Permit, Condominium
Permit, Tentative Condominium Map and Tentative Parcel Map for Lot Merger.
619-625 California Drive
Effective October 4, 2018
Page 14
course of project development there is accidental discovery or recognition of any human
remains, the following steps shall be taken:
There shall be no further excavation or dlsturbance within 100 feet of the remains
until the County Coroner is contacted to determine if the remains are Native
American and if an investigation of the cause of death is required. lf the coroner
determines the remains to be Native American, the coroner shall contact the Native
American Heritage Commission (NAHC) within 24 hours, and the NAHC shall
identify the person or persons it believes to be the most likely descendant (MLD) of
the deceased Native American. The MLD may make recommendations to the
landowner or the person responsible for the excavation work within 48 hours, for
means of treating or disposing of, with appropriate dignity, the human remains and
any associated grave goods as provided in Public Resources Code Section
5097.98.
Where the following conditions occur, the landowner or his or her authorized
representative shall rebury the Native American human remains and associated
grave goods with appropriate dignity either in accordance with the recommendations
of the most likely descendant or on the project site in a location not subject to further
subsurface disturbance:
The NAHC is unable to identify a most likely descendent or the most likely
descendent failed to make a recommendation within 48 hours after being
notified by the commission.
The descendant identified fails to make a recommendation.
The landowner or his authorized representative rejects the recommendation
of the descendant, and mediation by the NAHC fails to provide measures
acceptable to the landowner.
Additionally, Califomia Public Resources Code Section 15064.5 requires the following
relative to Native American Remains:
When an initial study identifies the existence of, or the probable likelihood of, Native
American Remains within a project, a lead agency shall work with the appropriate Native
Americans as identified by the Native American Heritage Commission as provided in
Public Resources Code Section 5097.98. The applicant may develop a plan for treating
or disposing of, with appropriate dignity, the human remains and any items associated
with Native American Burials with the appropriate Native Americans as identified by the
Native American Heritage Commission.
2
14
1.
RESOLUTION NO
Conditions ofApproval for Commercial Design Review, Conditional Use Permit, Condominium
Permit, Tentative Condominium Map and Tentative Parcel Map for Lot Merger.
6'19-625 California Drive
Effective October 4, 2018
Page 15
Geology and Soils
6'1 [r[, GEO-1: Prior to the issuance of a building permit and during the foundation phases
of construction, the project applicant shallfollow the recommendations of the Geotechnical
Investigation, by retaining a qualified geotechnical consulting firm. Subsurface conditions
may vary from those encountered at the locations of borings during the Geotechnical
lnvestigation. The geotechnical firm retained by the project applicant shall review final
engineer plans as well as observe and test during the earthwork and foundation phases
of construction. This would ensure recommendations from the Geotechnical lnvestigation
are properly incorporated into the project plan and development.
62 [I[I GEO-2: Prior to the issuance of a building permit, the project's plans shall reflect
foundations that extend deep enough to penetrate more stable soils. The project applicant
shall follow the recommendations of the ceotechnical lnvestigation, by ensuring the
building be supported on conventional spread footing foundation system bearing on stiff
native soils or properly compacted structural fill. All continuous footings shall have a width
of at least 15 inches and shall extend at least 30 inches below exterior grade or at least
24 inches below the bottom of concrete slabs-on-grade, whichever is deeper. Footings
located adjacent to utility lines shall bear below a 1:1 plane extending up from the bottom
edge of the utility trench. Continuous foundations shall be designed with sufficient depth
and reinforcing to tolerate the estimated differential settlement. The geotechnical
consulting firm retained by the applicant shall observe all footing excavations prior to the
placement of reinforcing steel to confirm that suitable material has been exposed and
properly cleaned. lf soft or loose soil is encountered in the foundation excavations, the
geotechnical consulting firm may require overexcavation and/or compactive effort or a
deeper footing depth below the reinforcing steel is placed.
Alternative to the spread footing foundation described above, the building may be
supported on a reinforced concrete mat foundation bearing on a properly prepared and
compacted soil subgrade. The mat foundation shall have a thickened perimeter edge that
extends at least eight inches into the sojlsubgrade below the bottom ofthe mat or at least
four inches below the base ofthe capillary break rock section. This should improve edge
stiffness, reduce the potentialfor map slab dampness, and increase resistance to lateral
loads imposed on the mat. The mat foundation shall be reinforced to provide structural
continuity and to permit spanning of local irregularities. lt sha be designed with sufficient
depth and reinforcing to be able to tolerate the estimated differential set{ements. prior to
mat construction, the subgrade shall be proof-rolled to provide a smooth firm surface for
mat support. Where dampness ofthe mat would be undesirable, a high quality membrane
vapor barrier shall be installed.
15
RESOLUTION NO.
EXHIBIT "A"
conditions of Approval for commercial Design Review, conditional Use permit, condominium
Permit, Tentative Condominium Map and Tentative Parcel Map for Lot Merger.
619-625 California Drive
Effective October 4, 2018
Page 16
63. MM GEO-3: Prior to the issuance of a building permit, the structural engineer shall consult
with the membrane manufacturer for the coefficient of friction to be assumed for design.
Lateral loads may be resisted by base friction between the vapor barrier or damp proofing
membrane shown below the mat and the supporting subgrade and by passive soil
pressure acting against the sides of the mat foundations. Lateral resistance may be
provided by passive soil pressure acting against the sides of foundations cast neat in
footing excavations or backfilled with compacted structural fill. The upper foot of passive
soil shall not be neglected where soil adjacent to the footing or mat will be landscaped or
subject to softening from rainfall and/or surface runoff.
64 MM GEo-4: Prior to the issuance of a building permit, the building foundations shall be
designed as recommended by the Geolechnical lnvestigation. The 3o_year post_
construction differential settlement due to static loads is not expected to exceed .l inch
across the proposed building. Less differential movement would be expected across a
structural mat foundation. Additional differential setflement may occur as a result of
liquefaction and dynamic densification caused by severe ground shaking during a major
earthquake.
Hydrology and Water Quality
65.MM HYD-1 : The project applicant shall prepare and implement a stormwater pollution
prevention plan (swPPP) for all construction activities at the project site. At a minimum.
the SWPPP shall include the fottowing:
A construction schedule that restricts use of heavy equipment for excavation and
grading activities to periods where no rain is forecasted during the wet season
(october 1 thru April 30) to reduce erosion associated intense rainfall and surface
runoff. The construction schedule shall indicate a timeline for earthmoving activities
and stabilization of disturbed soils;
soil stabilization techniques such as covering stockpiles, hydroseeding, or short{erm
biodegradable erosion control blankets;
silt fences, compost berms, wattles or some kind of sediment control measures at
downstream storm drain inlets;
Good site management practices to address proper management of construction
materials and activities such as but not limited to cement, peholeum products,
hazardous materials, litterirubbish, and soil stockpile; and
The post-construction inspection of all drainage facilities and clearing of drainage
structures of debris and sediment.
16
67
68
RESOLUTION NO.
EXHIBIT "A"
Conditions of Approval for Commercial Design Review, Conditional Use Permit, Condominium
Permit, Tentative Condominium Map and Tentative Parcel Map for Lot Merger.
61 9-625 California Drive
Effective October 4, 2018
Page 17
66. MM HYD-2: Prior to project approval, the project applicant shall prepare the appropriate
documents consistent with San Mateo Countywide Water Pollution Prevention Program
(SMCWPPP) and NPDES Provisions C.3 and C.6 requirements for post-construction
treatment and control of stormwater runoff from the site- Post-construction treatment
measures must be designed, installed, and hydraulically sized to treat a specified amount
of runoff. Furthermore, the project plan submittals shall identify the owner and
maintenance party responsible for the ongoing inspection and maintenance of the post-
construction stormwater treatment measure in perpetuity. A maintenance agreement or
other maintenance assurance must be submitted and approved by the City prior to the
issuance of a final construction inspection.
Public Services
MM PS-1: The project Applicant would be responsible for paying all school impact fees at
the time of building permit issuance.
Transportation/Traffi c
MM TRANS-1 : ln order to maintain adequate sight distance, on-street parking shall be
prohibited on Oak Grove Avenue between the project driveway and the western neighboring
driveway.
17