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HomeMy WebLinkAboutReso - PC - 2022.02.14 - 7ADocuSign Envelope lD: F03DEAE5-ABB5-4847-9A1 3-39CBF743DF1 s RECORDING REQUESTED BY: Planning Department City of Burlingame WHEN RECORDED MAIL TO: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CA 94010 2022-019999 3:33 pm 03iOTt22 Rl Fee. NO FEE Count of paqes 9Recorded in Offici-al Records County of San Mateo Mark Church /llill/lillill*gR Resolution No. 2022-02.1 4-T A 1431 EL CAMINO REAL 026-013-1 10 //flltlilrtilU tilil /il/ilfi*Z 1 ( TITLE OF DOGUMENT I hereby certify this to be a full, true and conect copy of the document it purports to be, the original of wtrich is on file in my office. February 25,2022 h*ru hrkwt bdUNE \) Date: Kevin Gardiner , AICP, Community Development Director RESOLUTION APPROVING CATEGORICAL EXEMPTION AND ONE YEAR PERMIT EXTENSION RESOLVED, by the Planning Commission of the City of Burlingame that: property owner, APN: 026-013-110; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on Februarv 14, 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: L The proposed project is covered by Mitigated Negative Declaration 598-P, approved February 12,2019. Said One Year Extension and Landscape Plan Revisions for a previously approved Mitigated Negative Declaration, Condominium Permit, Design Review and Parking Variance are approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Mitigated Negative Declaration, Condominium Permit, Design Review and Parking Variance are set forth in the staff report, minutes, and recording of said meetings. 2 3.resolution be official records of n Secretary of the Planning Commission of the Burli ngame, do he certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning commission held on the 14th dav of Februarv.2022. by the following vote: It is further directed that a certified copy of the County of San Mateo. Secretary WHEREAS,a Categorical Exemption has been prepared and application has been made for a One construction of a t,ll Gutt-- Conditions of Approval for One Year Permit Extension 143'l El Camino Real Effective February 24, 2022 Page 1 1 that the project shall be built as shown on the plans submitted to the Planning Division date stamped March 8, 2019, sheets A0.0 through A5.3 and with revised landscaping (only) on the plans date stamped February 2,2022, with two 36-inch box evergreen trees (Brisbane Box) at the rear property line on sheet Ll.1 and sheets A0.0 through A5.3; that prior to issuance of a building permit for the project, the applicant shall pay the first half of the Public Facilities lmpact fee in the amount of $5,537.00, made payabie io the city of Burlingame and submitted to the Planning Department, that.. prior to scheduling the final framing inspection for the condominium building, the applicant shall pay the second half of the public Facilities lmpact fee in the amount of $5,537.00, made payable to the City of Burlingame and submitted to the planning Department; parking lifts, three (3) Klaus 2061-190 and three (3) Ktaus 2061-200, or an equivatent parking lifts, shall be installed in the garage of each residential unit, with the following conditions: a. that the interior clearance height of the garages shall be at least 13'-3,,0, measured from floor to ceiling- as show on sheet A4.1 of the plans, in order to permit the parking of sport utility vehicles on the parking lifts; b. the parking lifts shall be properly illuminated to provide safety for easy loading and unloading, while not causing excessive glare. c. signage shall be installed in each garage explaining the proper use of the lifts and emergency contact information for lift maintenance or problems. d. the final design of the parking lifts shall be subject to the review and approval of the Community Development Director. 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 the applicant shall apply for a tentative and final condominium map with the public works, Engineering Division for processing in conformance with the subdivision Map Act; that the applicant shall apply for an encroachment permit from the Department of Transportation for any work proposed in the state right-of-way; that the applicant shall coordinate with Caltrans and a licensed arborist to replant the exisgng elm tree within the caltrans right-of-way in front of the subject property a few feet to the south (left) in order to accommodate the new driveway location in accordance with the sols Action PIan and the ESA Action Plan; 2 2 4 5 6 7 EXHIBIT "A" EXHIBIT "A" Conditions ofApproval for One Year Permit Extension 1431 El Camino Real Ell ecliv e F ebr uary 24, 2022 Page 2 10 11 13 14 15 that the applicant shall implement tree protection measures for the (second) elm tree that currently exists within the planter strip in front of the subject property that will be retained as part of this project in accordance with the SOIS Action Plan and the ESA Action ptan (see appendices of the lS/lilND); that documentation with exhibits that show detailed project construction plans inctudang work on the driveway, sidewalk adjacent to the two elm trees in the planter strip, and a descriptjon of any other ground-disturbing work within 1oo-feet of the matures trees shall be submitted to the Department of Transportation for review and approval of an encroachment permit. The documentation should describe efforts to avoid affecting the trees and if avoidance is impossible, efforts to lessen the impact on the trees must be described and shall be in accordance with the SOIS Action Plan and the ESA Action plan (see appendices of the ts/MND); that the maximum elevation at the top of the roof ridge shall not exceed elevation 49.75' as measured from the average elevation at the top of the curb along El Camino Real (14.75') tot a maximum height of 35 -0", 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. The garage/first floor finished floor elevatjon shall be elevation 16.86'; second floor finished floor shall be elevation 29.58'; third ftoor finished ftoor shall be elevation 39.91'. 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 any changes to the size or envelope of the bualding, which would include expanding the footprint or floor area of the structure, replacing or relocating windows or changing thq roof height or pitch, shall be subject to Planning Commission review; that the conditions of the Building Division memos dated February 27 , 2017 and October 3, 2016; Parks Division memos dated October 5, 2016; the Engineering Division memos dated February 24,2017 and October 7, 2016; the Fire Division memos dated October 12, 2016; and the Stormwater Division memos dated November 14, 2016 shall be met; that storage of construction materials and equipment on the street or in the public right-of- way shall be prohibited; that the'service vehicle stall'shall be marked on the service parking space and designated on the final map and plans, this stall shall not be assigned to any unit, but shall be owned and maintained by the condominium association, and the service vehicle stall shall always be accessible for parking and not be separately enclosed or used for resident storage; that the Covenants Conditions and Restrictions (CC&Rs) for the condominium project shall require that the service vehicle stall shall be reserved for service vehicles or guests only and shall not be used by condominium residents; 17 that the final inspection shall be completed and a certificate of occupancy issued before the close of escrow on the sale of each uniti 't2. 20 22 EXHIBIT "A" Conditions of Approval for One Year Permit Exlension I'131 ElCamino Real Elf ecliv e F ebruary 24, 2022 Page 3 '18 19 21 23 25 that the developer shall provide to the initial purchaser of each unit and to the board of directors oI the 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; lhat 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; that any security gate system across the driveway shall be installed a minimum 20,-0,back from the front property line; that prior to underfloor frame inspection the surveyor shall certify the first floor elevation of the new structure(s) and the various surveys shall be accepted by the City Engineer; 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 the applicant shall submit an erosion and sedimentation control plan desc.ibing BMps (Best Management Practices) to be used to prevent soil, dirt and debris from entering the storm drain systemi the plan shall include a site ptan showing the property lines, existing and proposed topography and slope; areas to be disturbed, locations of cuufill and soit storage/disposal areas; areas with existing vegetation to be protected; existing and proposed drainage patterns and structures; watercourse or sensitive areas on-sile or immediately downstream of a project; and designated construction access routes, staging areas and washout areas: 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 contanuously until permanent erosion controls have been established; 26. 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; that if construction is done during the wet season (October 15 through April 15), that prior to October'15 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 common landscape areas shall be designed to reduce excess lrrigation run-off, promote surface filtration and minimize the use offertilizers, herbicides and pesticides; 24. 27. 30 32 34 EXHIBIT "A" Conditions of Approval for One Year Permit Extension 1431 El Camino Real Effective February 24, 2022 Page 4 28 29. 31 33. 35 36 31. 38 39. 40 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 ordinance "1845, the city of Burlingame water Conservation in Landscaping Regulations, and complete landscaps and irrigatioln 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 irom entering; that all new utility connections to serve the site, and which are affected by the development, shall be installed to meet current code standards and local capacities of the collection anddistribution systems shall be increased at the developer,s expenie if necessary; that all utilities to this site shall be installed underground. Any transformers needed for thissite shall be installed underground or behind the front setback on this site; that sewer laterals from the site to the public sewer main shall be checked and shall bereplaced to city standards as required by the development; that all abandoned utilities and hookups shall be removed; that.all .drainage (including water from the below grade parking garage) on site shall berequired to be collected and pumped to the street as determlned b-y ine public worksDepartment; that demolition of the existing structures and any grading or earth moving on the site shall berequired to comply with all the regulations of the Bay Area Air euality Ma-nagement District; that the applicant shall install fire sprinklers and a fire alarm system monitored by anapproved central station prior to the final inspection for building permit; that all construction shall abide by the construction hours established in the Municipal Code; that the_applicant shall comply with ordinance 1645, the city of Burlingame Recycling andwaste Reduction ordinance, and shall submit a waste reduciion plan aia recycling dEposit for demolition and new construction, before receiving a demolition permit; that this project shall comply with ordinance No. 1477, Exterior lllumination ordinance; and that the project shall be required to comply with all the standards of the California Buildingand Fire codes, in effect at time of building permit issuance, as amended by the city oiBurlingame. 41. EXHIBIT "A" Conditions of Approval for One Year Permit Extension 1431 El Camino Real Effective February 24, 2022 Page 5 The following four (4) condit'tons shall be met during the Building lnspecfron process prior tothe inspections noted in each condition: 42- that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners, set the building envelope; 43. that prior to scheduling the framing inspection, the project architect, engineer or otherlicensed professional shall provide architectural certification that the architectriral details suchas window locations and bays are built as shown on the approved plans; if there is nolicensed professional involved in_the project, the property owner or contractor shall provide the certification under penalty of perjury. Certifications shall be submitted to the BuildingDepartment; 44. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height ofthe roof ridge and provide certification of that height to the Buirding Division; 45. that.prior to final inspection, Planning Division staff will inspect and note compliance of thearchitectural details (trim malerials, window type, etc.) to veiify that the project has been builtaccording to the approved Planning and Building plans; Mitigation Measures from lnitiat Study Cultural Resources 46. Unanticipated Discovery of Archaeological Resources. All construction crew members shallbe abrted b the potential to encounter sensitive archaeological materiat. tn the event thatarchaeological resources (sites, features, or aftifacts) ar6 exposed during constructionactiuities for the proposed project, all construction work occurring within 1\0-feet of the find shall immediately stop until a quatified archaeotogist, meeting the Secretary of the tnterior'sProfessional Qualification Standards, can evaluate the -significance of tne find anddetermine whether additional study is warranted. Prehistoric -archaeological deposits maybe indicated by the presence of discolored or dark soit, firelaffected materia'I,concentrations of fragmented or whole marine shell, burned or complete bone, nonlocallithic materials, or a characteristic obserued to be atypical of tie surrounding area.Common prehistoric artifacts may inctude modified or batiered tithic materiats; lithic or bonetools that appeared to have been used for chopping, dri ing, or grinding; projectile points; fired clay ceramics or non-functional items; and other items.- Uistdric-agi'Oeposits are oftenindicated by the presence of g/ass botttes and shards, ceramic -mateiiat, building ordomestic refuse, ferrous metal, or otd features such as concrete foundations or priiies.Depending on the significance of the find under cEeA (14 ccR 1so64.s[t];' pubtic Resources Code Section 21082), the archaeotogist may simpty record the iintd and allowwork to continue. lf the discovery proves significant una'er CEC|A, additionat work, such aspreparation of an archaeological treatment plan, testing, or data recovery, may bewarranted. EXHIBIT "A" Conditions of Approval for One Year Permit Extension 1431 El Camino Real Effective February 24, 2022 Page 6 47. 48. IVoise 50 unanticipated Discovery of Human Remains. ln accordance with section 7ooo.s of the lalitorlia Health and safety code, if human remains are found, the county coroner sha beimmediately notified of the discovery. No further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shalt occur untit the county coroner has determined, witlin 2 working days of notification of the discovery, theappropriate treatment and disposition of the human remains. lf the county ioroner determines that the remains are, or are believed to be, Native American, he oi she shalt notify the Native American Heritage commission (NAHC) in sacramento within 24 hours. tnaccordance with califomia Public Resources code, section 5097.9g, the NAH} mustimmediately notify those persons it believes to be the most tikely descendant from thedeceased Native American. The most likety descendant shall complete hisher inspection within 48 h.ours of being granted access fo the site. The designated Native Americanrepresentative would then determine, in consultation with the property owner, the disposition of the human remains. Unanticipated Discovery of Paleontologicat Resources. Paleontological resources are limited,nonrenewable resources of scientific, cultural, or educational value and are affordedprotection under state laws and regutations (CEQA). Paleontologicalresources are expticittyafforded protection by )EQA, specificalty in section v(c) ot cieA Guidelines nppenaix e,the Environmental checklist Form, which addresses the potentiat for adverse' impacts to"uniq-u-e paleontological resource[s] or site[s] or . .. unique geologicat feature[s]', (t I cca15000 et seq.). Fufiher, )EQA provides that, generaliy, a resource shall be- considered'historically significant" it it hat yielded or may be likeiy to yietd information impoiint inpr:h.lst9rv (14 CCR 1506a.5[a][3][D]). ln the event that paleontologicat resourcei (siticified shell, bone, or other features) are .exposed during construction adtivities for the proposedproiect' all construction work occuning within 100 ieet of the find shall immediately'stop untita qualified paleontologist can evaluate the significance of the find. This anatysis s'hall complywith g.uidelines and significance citeria specified by the society of veftebrate paiiitingv. tf the .discovery proves significant under cEeA, additionat work, such as preparatioi if anarchaeological treatment plan, testing, or data recovery, may be wananted. 49 The proiect sponsor shall retain a qualified acoustical engineer to prepare an acoustical studyin accordance with State Title 24 requirements. The acoistical study shatt identify methods ofdesign and construction to comply wilh the appticabte poftions of the California Building CodeTitle 24 to achieve an indoor noise level of 45 A-weighted decibet communfi noiseequivalent level or less from traffic noise sources. All construction equipment shall use available nolse-suppress ion devices and propertymaintained mufflers. All internal combustion engines used on the project site'shatt beequipped with the type of muffler recommended by the vehicle manufacturer. tn addition,all equipment shall be maintained in a good mechanical condition to minimize noisecreated by a faulty or poorly maintained engine, drive train, or other component. EXHIBIT "A" Conditions of Approval for One Year Permit Extension 1431 El Camino Real Effective February 24, 2022 Page 7 51. 52. During construction, stationary construction equipment shall be placed such that emitted norse r.s directed away from sensrtrve noise receptors and as far as posslb/e from the boundary of sensitive receptors. Pursuant to the city of Burlingame Municipal code, the applicant shall timit construction activities to between I a.m. and 7 p.m. Mondays through Fridays, and saturdays between g a.m. and 6 p.m.