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HomeMy WebLinkAboutReso - PC - 2022.01.10 - 8BDocuSign Envetope I D : 7 1 AOD4a9-3ggg+teC-aoEA- E4o5g27 448E8 RECORDING REQUESTED BY Planning Department City of Burlingame WHEN RECORDED MAIL TO: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CA 94010 2022_020901 1:24 pm 03t09t22 R1 Fee: NO FEE Count of pages 11Recorded in Official Records County of San Mateo Mark Church 11rilt1 ilfl4lfl tifl fitq ilu1 il[ Ii[ ilUril iiilliil j I ilfl Resolution No. 2022-01. 1 0-8B 1 ADRIAN COURT 025-169-380 TITLE OF DOCUMENT $ I hereby certify this to be a full, true and correct copy ofthe document it purports to be, the original of which is on file in my office. 20227 H tffitrffi{ dUNE Date: Kevin h^^it" Development It is hereby found that the project set forth above falls within the scope of the previously adopted Categorical Exemption, per Section 15332 (lnfill Development projects) of the California Environmental Quality Action (CEQA) Guidelines. Said Design Review Amendment is approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Design Review Amendment is set forth in the staff report, minutes, and recording of said meeting. 1 3 It is further directed that a certified records of the County of San Mateo. copy of this re ton rded in the official airperson V , Secretary of the Planning Co mission 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 10th dav of Januarv, 2022 by the following vote: 1 ADRIAI{ COURT - RESO 2OZT{II.,IO{B AYES; COiIAROTO, GAUI- LOffiS, SCHIID, TERRONES, TSE NOES: ltlONE ABSENT: NONE RECUSED: NOI{E Secretary RESOLUTION APPROVING CATEGORICAL EXEMPTION AND DESIGN REVIEW AMENDMENT RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a Categorical Exemption has been proposed and application has been made for Desiqn Review Amendment for chanoes to a Dreviou develooment proiect at 1 Adrian court. zoned RRMU: carmel partners. propertv owner. ApN: 025-169-380: WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on JanuaN 10.2022, 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: 2. t, Conditions of approval for Categorical Exemption and Design Review Amendment 1 Adrian Court Ell ecliv e J anuary 20, 2022 Page 1 that the project shall be built as shown on the plans submitted to the Planning Division date stamped September 6, 2019, sheets A0.0 through A7.2, L1 through 18, C1.O through C6.0, VTM '1.0 through VTM 3.0, lNTl through lNT3, pM1 and pt 2, and date stamped December 2, 2021, sheets A1 01, A3.00 through A3.03, A7.23, 11.'lA, 11.18, 12.4, L5.11 and 15.12; that one year after occupancy of the project, the applicant shall provide and present to the Planning Commission a written update regarding the status of the need for the security gates at the public plaza and publically accessible park; that the park hours for the publically accessible park shall be reviewed and approved by the Parks and Recreation Director; the building's maintenance staff shall follow procedures for opening and closing of the park as established by the Parks and Recreation Director: 2. 3 6 7 that prior to issuance of a building permit, the applicant shall submit an Fyl for planning Commission review of the graphics to be applied to the curved concrete wall enclosing the garage; 8 I that the project shall include thirty-eaght (38) units affordable to households of "Low lncome" category, as defined as earning a maximum of 80% of the San Mateo County Area l\rledian lncome, for a peraod of at least fifty-five (55) years; the City lrlanager shafl be authorized to execute an agreement with the applicant; the applicant shall enter into an agreement with the City for the administration of the renting or leasing of the affordable units at least 120 days before the final inspection; that the applicant shall enter into an agreement wjth the City for the applicant's maintenance of the publicly accessible park; 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 City l,Ianager; that the project shall dedicate a Public Park Easement as depicted on Sheet C2.0 in conjunction with the park agreement; that the residents of new live/work, mixed-use, and stand-alone residential development projects, whether owners or tenants, shall be notified in writing before taking up residence that they will be living in an urban-type environment, that the noise levels may be higher than in a strictly residential area, and that there may be odors associated with commercial and industrial uses- The covenants, conditions, and restrictions of any development with a residential use shall require that prospective residents acknowledge the receipt of the written noise notification. Such written noise notification shall be provided in residential leases. Signatures shall confirm receipt and understanding of this information; EXHIBIT "4" 4. 5. EXHIBIT "A" Conditions of approval for Categorical Exemption and Design Review Amendment 1 Adrian Court Effective January 20, 2022'10. that the public plaza shall be owned, operated, and maintained by the developer or property manager in accordance with an approved maintenance plan to be reviewed and approved by the Community Development Director; 11. that the public plaza shall be open to the public, without charge, each day of the year, except for temporary closures for necessary maintenance or public safety; 12 13 EXHIBIT "A" Conditions of approval for Categorical Exemption and Design Review AmendmentI Adrian Court Effective January 20, 2022 Page2 that prior to issuance of a building permit for construction of the p@ect, 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, building materials, exterior finishes, windows, architectural features, roof height or pitch, and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYl or amendment to be determined by Planning staff); 14 that the maximum elevation at the top of the roof ridge shall not exceed elevation 580.50' as measured from the average elevation at the top of the curb (501.40'), and that the top of each floor and final roof ridge shall be surveyed by a licensed surveyor 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 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 the project shall be constructed in accordance with the February 28,2019 "Request for Alternate Materials or Methods of Construction" agreement between SummerHill Apartment Communities and Central County Fire Department; that the project shall include the Transportation Demand Management Measures as proposed in the Transportation lmpact Analysis, prepared by Hexagon Transportation Consultants, lnc., dated June 24, 2Q19; 17.that the conditions of the Building Division's March 26,2019 memo, the public Works- Engineering Division's April 19, 2019 memo, the Fire Division's March 27,2019 memo, the Parks Division's April 11, 2019 memo, and the Stormwater Division's May 2, 2019 memo related to building permit submittal shall be met; 18 that prior to issuance of a building permit for the project, the project applicant shall pay the first half of the North Burlingame/Rollins Road Development Fee in the amount of $104,712.30, made payable to the City of Burlingame and submitted to the Planning Division; to that prior to scheduling the final framing inspection, the project applicant shall pay the second half of the North Burlingame/Rollins Road Development Fee in the amount of $104,712.30, made payable to the City of Burlingame and submitted to the planning Division; that the poect applicant shall contribute a fixed amount of $250,000, its fair share towards the upsizing of the sanitary sewer main from the project site to the pump station at 1740 Rollins Road; 20 15. 't6. EXHIBIT "A" Conditions of approval for Categorical Exemption and Design Review Amendment I Adrian Court Effective January 20, 2022 Page 3 22 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; that all new development shall be required to comply with the real estate disclosure requirements of State law and General Plan. 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."; 23.that the project applicant shall be required to evaluate potential airport noise impacts if the project is located within the 65 oNEL contour line of san Francisco lnternational Airport (as mapped in the Airport Land Use Compatibility Plan for the Environs of San Francisco lnternational Airport). All projects shall be required to mitigate impacts to comply with the interior and exterior noise standards established by the Airport Land Use Compatibility Plan; 24. 21 25 that any action that would either permit or result in the development or construction of a land use considered to be conditionally compatible with aircraft noise of CNEL 65 dB or greater (as mapped in the Airport Land Use Compatibility plan) shall include the grant of an avigation easement to the City and County of San Francisco prior to issuance of a building permit(s) for any proposed buildings or structures, consistent with Airport Land Use Compatibility Plan Policy NP-3 Grant of Avigation Easement; that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration poects 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; 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 unless applicant produces evidence, to the satisfaction of the Community Development Director, that special circumstances exist that warrant early demolition, in accordance with the provisions of the Burlingame Municipal Code Chapter 18.07.065; 26. EXHIBIT ..A" Conditions of approval for Categorical Exemption and Design Review AmendmentI Adrian Court Effective January 20, 2022 Page 4 27 Z6 29. 30 31 that during construction, the applicant shall provide fencing (with a fabric screen or mesh) around the poect 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 righ! of-way shall be prohibited; that if construction is done during the wet season (october 1 through April 30), that priorto october 1 the developer shall implement a winterization program'to minimize thepotential for erosion and polluted runoff by inspecting, maintaining and cleaning all soilerosion and sediment control prior to, during, and immediately a-fter each stor-m even;stabilizing disturbed soils throughout temporary or permanent seeding, mulching matting, or tarping; rocking unpaved vehicle access to limit dispersion of muJ onto public right-of-way; covering/tarping stored construction materials, fuels and other chemicals; that the applicant shall prepare a construction staging and traffic control plan for theduration of construction for review and acceptance uy tne city Engineer'prior to the issuance of a building permit; the construction staging plan shall inilude construction equipment parking, construction employee parking, timing and duration of various phases of construclion and construction operations hours; the staging plan shall addresspublic safety and shall ensure that worker's vehicles and constrirction equipment shallnot be-parked in public parking areas with exceptions for construction pariing along thestreet frontages of the project site; that the project applicant and its construction contractor(s) shall develop a constructionmanagement plan for review and approval by the city of Burlingame. The plan mustinclude at least the following items and requirements to reduce, td the maximum extent feasible, traffic and parking congestion during construction: a. A set of comprehensive traffic contror measures, including scheduring of major truck trips and deriveries to avoid peak traffic hours, detourligns if req-uired, lane closure procedures, signs, cones for drivers, and designated ionstruciion access routes; b. ldentification of haul routes for movement of construction vehicles that would minimize impacts on motor vehicular, bicycle and pedestrian traffic, circulation andsafety, and specifically to minimize impacts to the greatest extent possible on streets in the project area; c. Notification procedures for adjacent property owners and public safety personnel regarding when major deliveries, detours, and lane closures would occur; d. Provisions for monitoring surface streets used for haul routes so that any damageand debris attributable to the haul trucks can be identified and corrected by txeproject applicant; and EXHIBIT'A" Conditions of approval for Categorical Exemption and Design Review Amendment 1 Adrian Gourt Effective January 20, 2022 Page 5 32 33 35 37 38 39 34 Jb e. 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 the applicant shall submit an erosion and sedimentation control plan describing BMPs (Best Management Practices) to be used to prevent soil, dirt and debris frori 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 cuufill and soil storage/disposal areas; areas with existing vegetation to be protected; existing and proposed drainage patterns and structures; watercourse or sensiiive areas on-site or immediately downstream of a project; and designated construction access routes, staging areas and washout areas; that construction access routes shall be limited in order to prevent the tracking of dirt onto the public righlof-way, clean off-site paved areas and sidewalks using dry sweeping methods; that all runoff created during construction and future discharge from the site shall be required to meet National Pollution Discharge Elimination system (NpDES) standards; 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 the applicant shall comply with ordinance 1503, the city of Burlingame storm water Management and Discharge Control Ordinance; that a Protected rree Removal Permit shall be required from the city of Burlingame Parks Division to remove any existing protected size trees and that ihe project shall comply with the Tree Protection and Reforestation ordinance adopted by thL city of Burlingame and enforced by the Parks Department; complete landscape ind irrigaiion plans shall be submitted at the time of building permit application; that if there are any existing trees on adjacent properties abutting the project site that aredetermined to remain, the applicant shall have an arborist'J report prepared which documents how the trees should be protected during construction; this report shall be reviewed and approved by the city Arborist and the contractor shall call for the city Arborist to inspect the protection measures installed before a building permit shall be issued; Conditions of approval for Categorical Exemption and Design Review AmendmentI Adrian Court Effective January 20, 2022 Page 6 40. that the applicant shall coordinate with the City of Burlingame Parks Division regarding the installation of the street trees along Adrian Court and Adrian Road; 41. that thls project shall comply with Ordinance No. 1477 , Exterior lllumination Ordinance; 42. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2016 Edition, as amended by the City of Burlingame; The following conditions shall be met during the Building lnspection process pior 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 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; 43 44 45. 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; 46. 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 applicable polici* of the 2040 General Plan or the Environmental lmpact Repoft prepared for the 2O4O Generat plan: 47. HP-3.12. The Project sponsor shall ensure implementation of the following BMPs during Project construction, in accordance with the BAAeMD'S standard requirements: All exposed surfaces (e.9., parking areas, staging areas, soil piles, graded areas, unpaved access roads) shall be watered two times per day. All haul trucks transporting soil, sand, or other loose material offsite 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 shall be prohibited. All vehicle speeds on unpaved roads shall be limited to 15 mph. All roadways, driveways, and sidewalks that are to be paved shall be paved as soon as possible. Building pads shall be laid as soon as possible after grading, unless seeding or soil binders are used. EXHIBIT "A" EXHIBIT "A" Conditions of approval for Categorical Exemption and Design Review Amendment I Adrian Court Effective January 20, 2022 Page 7 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). 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 mechanic and determined to be running in proper condition prior to operation. A publicly visible sign with the name and telephone number of the person to contact at the lead agency regarding dust complaints shall be posted. This person shall respond and take corrective action within 48 hours. The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. CS.4.7: Airport and Heliport Noise. Monitor noise impacts from aircraft operations at San Francisco lnternational Airport and Mills-Peninsula Medical Center, and implement applicable noise abatement policies and procedures as outlined in the Airport Noise Ordinance and Airport Land Use Compatibility Plan; CS.4.8: Airport Noise Evaluation and Mitigation. Require project applicants to evaluation potential airport noise impacts if the project is located within the 60 CNEL contour line of San Francisco lnternational Airport (as mapped in the Airport Land Use Compatibility Plan). All projects shall be required to mitigate impacts to comply with the interior and exterior noise standards established by the Airport Land Use Compatibility Plan; 50 CS-4.9: Airport Disclosure Notices. Require that all new development comply with real estate disclosure requirements of State law, which requires that the presence of all existing and planned airports within two miles to be disclosed in any sale or lease of property; 51.HP-5.2: Migratory Birds. ldentify and protect habitats that contribute to the healthy propagation of migratory birds, including trees and natural corridors that serve as stopovers and nesting places. Avoid construction activities that involve tree removal between March and June, unless a bird survey has been conducted to determine that the tree is unused during the breedlng season by avian species protected under California Fish and Game Codes 3503, 3503.5, and 351 1; 52 HP-5.5: Protection and Expansion of Tree Resources. Continue to preserve and protect valuable native trees and introduce species that contribute to the urban forest but allow for the gradual replacement of trees for ongoing natural renewal. Consider replacement with native species. Use zoning and building requirements to ensure that existing trees are integrated into new developments; 48 49 EXHIBIT "A" Conditions of approval for Categorical Exemption and Design Review Amendment 'l Adrian Court Effective January 20, 2022 Page 8 53 54 HP-5.7: Urban Forest Management Plan. Continue to update and use the Burlingame Urban Forest Management Plan, which integrates environmental, economic, political, historical, and social values for the community for guidance on BMps related to tree planting, removal, and maintenance, including onsite protection of extant trees and street trees during projects; HP-5.6: Tree Preservation Ordinance. Continue to adhere to the Burlingame Tree Preservation Ordinance (Burlingame Municipal Code Title 11); ensure the preservation of protected trees, as designated by the ordinance; and continue to be acknowledged by the Arbor Day Foundation as a Tree City USA; Paleontological Monitoring. A project that requires grading plans and is located in an area of known fossil occurrence orthat has been demonstrated to have fossils present in a paleontological field survey or other appropriate assessment shall have all grading monitored by trained paleontological crews working under the direction of a qualified professional, so that fossils exposed during grading can be recovered and preserved. 56 55 HP-5.14: Compliance with Environmental Laws. Ensure that all projects affecting resources of regional concern satisfy regional, state, and federal laws; and Paleontological Assessment. ln areas containing middle to late pleistocene-era sediments where it is unknown if paleontological resources exist, prior to grading an assessment shall be made by a qualified paleontological professional to establish the need for paleontological monitoring. Should paleontological monitoring be required after recommendation by the professional paleontologist and approval by the Community Development Director, paleontological monitoring shall be implemented. Should any potentially unique fossils be encountered during development activities, work shall be halted immediately within 50 feet of the discovery, the City of Burlingame Planning Department shall be immediately notified, and a qualified paleontologist shall be retained to determine the significance of the discovery. Paleontological Recovery, ldentification, and Curation. The City and a project applicant shall consider the mitigation recommendations of the qualified paleontologist for any unanticipated discoveries. The City and the project applicant shall consult and agree upon implementation of measures that the City and project applicant deem feasible and appropriate. Such measures may include avoidance, preservation in place, excavation, documentation, curation, data recovery, or other appropriate measures. The project applicant shall be required to implement any mitigation necessary for the protection of paleontological resources. Paleontological Findings. Qualified paleontological personnel shall prepare a report of findings (with an itemized appendix of specimens) subsequent to implementation of paleontological recovery, identification, and curation. A preliminary report shall be submitted, subject to approval by the Communily Development Director before granting of building permits, and a final report shall be submitted, subject to approval by the Community Development Director before granting of occupancy permits.