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HomeMy WebLinkAboutReso - PC - 2020.08.10 - 8DDocuSign Envelope lD: DEA78943-1 992-4629.840A-BECD93E45D97 RECORDING REQUESTED BY: Planning Department City of Burlingame WHEN RECORDED MAIL TO: COMMUNIry DEVELOPMENT DEPARTMENT CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CA 94010 2021'167914 12:35 Pm 12t}gl21R1 Fee: NO FEE Count of Pagee 11 Rscorded in Official Records CountY of San Mateo Mark Church N u rtrffi[ilfiiftffiixruitnlfitlitttttutl u il ll Resolution No. 2020-08.1 0-8d 21 PARK ROAD 026-233-130 TITLE OF DOCUMENT I hereby certify this to be a full, true and conect copy of the document it purports to be, the original of wtrich is on file in my office. October 2021 k ^irn" Aarkvru JUHE Date: Kevin Gardiner, AICP, Community Development p Itl 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 prepared and application has been made for Desiqn Review Amendment for chanqes to a previouslv approved seven-unit residential condominium buildinq at 21 Park Road. Zoned BMU. Xiucheno Sun, propertv owner, APN: 026-233-130; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on Auqust 10, 2020, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is RESOLVED and DETERMINED by this Planning Commission that: On the basis of the lnitial Study and the documents submitted and reviewed, and comments received and addressed by this Commission, it is hereby found that there is no substantial evidence that the project set forth above will have a significant effect on the environment, and categorical exemption, per CEQA Section 15332,1n-Fill Development Projects, is hereby approved. 1. Said Design Review Amendment is approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Design Review Amendment are set forth in the staff report, minutes, and recording of said meeting. 2. lt is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. hairpe rson l, T. SNMIb , 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 10th dav of Auqust, 2020 by the following vote: 21 PARK RD - RESO 2020{t8.10{d AYES: COilAROTO,GAUL SARGENT, SCHUID, TERRONES, TSE NOES: NONE ABSENT LOFTIS RECUSED: NONE \ Secretary EXHIBIT "A" Conditions of Approval for Categorical Exemption and Design Review Amendment 21 Park Road Effective Aug usl 20, 2020 Page 1 that the project shall be built as shown on the plans submitted to the Planning Division date stamped June 25, 2020, sheets G0.0, and Al .0 through A3. 1 and Aprit 30, 2018, sheets AO.O through A5.2, L1.1, and Topographic and Boundary Survey; that prior to the final inspection, the project sponsor shall provide and install evergreen hedges on the 33 Park Road property along the north property line between 21 and 33 park Road; the final layout and plant locations shall be determined at time of construction and after consulting with each of the 33 Park Road residents that have balconies and/or patios adjacent to the north property line; the project sponsor shall provide to the planning Divisiona revised Site Plan and Landscape Plan once the final planting locations have been determined; 1 A 4 that Klaus singleVario 2061 parking lifts, or equivalent parking lifts, shall be installed in the garage of each residential unit, with the following conditions: the parking lifts shall be properly illuminated to provide safety for easy loading and unloading, while not causing excessive glare. signage shall be installed in each garage explaining the proper use of the lifts and emergency contact information for lift maintenance or problems. c. 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; a b b 7 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 $14,798.50, made payable to the City of Burlingame and submitted to the Planning Division; 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 $14,798.50, made payable to the City of Burlingame and submitted to the planning Division; 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; Conditions of Approval for Categorical Exemption and Design Review Amendment 21 Park Road Effective August 20, 2020 Page2 that the maximum elevation at the top of the roof ridge shall not exceed elevation 73.25' as measured from the average elevation at the top of the curb along Park Road (38.25') for 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 elevation shall be elevation 40.25'; second floor finished floor shall be elevation 52.50'; third floor finished floor shall be elevation 62.75'. 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; 11 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 Division or Planning Commission review (FYl or amendment to be determined by Planning staff); that storage of construction materials and equipment on the street or in the public righfof- way shall be prohibited; 12 that the service/delivery vehicle area, located adjacent to the trash enclosure area, shall be identified on the site and designated on the final map and plans, the service/delivery vehicle area shall not be assigned to any unit, but shall be owned and maintained by the condominium association, and the service/delivery vehicle area shall always be accessible for parking and not be used for resident storage; 13.that the Covenants Conditions and Restrictions (CC&Rs) for the condominium project shall require that the service/delivery vehicle area shall be reserved for service/delivery vehicles only and shall not be used by condominium residents; 14 that the final inspection shall be completed and a certificate of occupancy issued before the close of escrow on the sale of each unit; 15 that the developer shall provide to the initial purchaser of each unit and to the board of directors of 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; 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; that any security gate system across the driveway shall be installed a minimum 20,-0, back from the front property line; o 10. 16 17 EXHIBIT "A" EXHIBIT "A" Conditions of Approval for Categorical Exemption and Design Review Amendment 21 Park Road Effective August 20, 2020 Page 3 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 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 cuVfill and soil storageidisposal 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; 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 18 19 23 22 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 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 irrigation run-off, promote surface filtration and minimize the use of fertilizers, herbicides and pesticides; 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 landscape and irrigation plans shall be provided at the time of building permit application; that all site catch basins and drainage inlets flowing to the bay shall be stenciled. All catch basins shall be protected during construction to prevent debris from entering; 24 25 26 28 EXHIBIT .,A" Conditions of Approval for Categorical Exemption and Design Review Amendment 21 Park Road Effective August 20, 2020 Page 4 27 that all new utility connections to serve the site, and which are affected by the development, shall be installed to meet cunent code standards and local capacities of the collection and distribution systems shall be increased at the developer's expense if necessary; that all utilities to this site shall be installed underground. Any transformers needed for this site shall be installed underground or behind the front setback on this site; 29 that sewer laterals from the site to the public sewer main shall be checked and shall be replaced to city standards as required by the development; 30. that all abandoned utilities and hookups shall be removed; that all drainage (including water from the below grade parking garage) on site shall be required to be collected and pumped to the street as determined by the public Works Department; that demolition of the existing structures and any grading or earth moving on the site shall be required to comply with all the regulations of the Bay Area Air Quality Management District; that the applicant shall install fire sprinklers and a fire alarm system monitored by an approved 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 and Waste Reduction Ordinance, and shall submit a waste reduction plan and recycling deposit for demolition and new construction, before receiving a demolition permit; that this project shall comply with Ordinance No. 1477 , Exterior lllumination 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; The following four (4) conditions shall be met during the Building lnspecfion process prior to the inspections noted in each condition: 38. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners, set the building envelope; 39 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 Department; 31. 32. 33. 34. 35. 36. 37. 40 EXHIBIT "A" Conditions of Approval for Categorical Exemption and Design ReviewAmendment 2l Park Road Effective August 20, 2020 Page 5 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; 41 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 lollowing conditions of approvat are from Downlown Specffic Plan: the project sponsor shall implement all appropriate control measures from the most cunenfly adopted air quality plan at the time of project construction; 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 ot as necessary. b. All haul trucks transporting soil, sand, or other loose material offsite shall be covered or otherwise loaded consistent with California Vehicle Code Section 23114. c. All visible mud or dirl track-out onto adjacent public roads shall be removed using wet power vacuum slreet 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 soit 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 ICCR]). 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. 42 43 EXHIBIT "A" Conditions of Approval for Categorical Exemption and Design ReviewAmendment 21 Park Road Effective August 20, 2020 Page 6 the project sponsor shall jmplement the following Greenhouse Gas reduction measures during construction activities: a. Alternative-Fueled (e.9., biodiesel, electric) construction vehicles/equipment shall make up at least 15 percent ofthe fleet. b. Use at least'10 percent local building materials. c. Recycle at least 50 percent of construction waste or demolition materials 44 50 45. 46. 47. 48. 49. 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 spotsi the project sponsor shall incorporate residential energy efficiency measures such that energy efficiency is increased to 'l5olo beyond 2008 title 24 standards for electricity and natural gas; the project sponsor shall incorporate recycling measures and incentives such that a solid waste diversion rate of 750lo is achieved upon occupation of each phase of ptan development; the project sponsor shall incorporate residential and commercial water efficiency measures such that water consumption is decreased by a minimum of 10 percent over current standard water demand factors; that construction shall avoid the lrarch 15 through August 31 avian nestjng 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 ot second nesting attempts; that for projects within the Plan Area that require excavation, a phase I Environmental Site Assessment (and Phase ll sampling, where appropriate) woutd be required. tf 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 of the Department of Toxic Substances Control (DTSC), Regional Water Quality Control Board (RWOCB), or other jurisdictional agency; Conditions ofApprovalfor Categorical Exemption and Design Review Amendment 21 Park Road Effective August 20, 2020 Page 7 that the following practices shall be incorporated into the construciion 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. 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 exhaust from pneumatically-powered tools. Compressed air exhaust silencers shall be used on other equipment. Other quieter procedures, such as drilling rather than using impact equipment, shall be used whenever feasible. the project sponsor shall incorporate the following practice jnto 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; 51 that if the project increases sewer flows 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 sha develop a plan to facilitate sanitary sewer improvements. The plan shall include a schedule for implementing sanitary sewer upgrades thal 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. EXHIBIT "A" EXHIBIT "A" Conditions of Approval for Categorical Exemption and Design Review Amendment 21 Park Road Effective August 20, 2020 Page 8 that prior to issuance of a building permit, the development plans shall be reviewed by the Fire Marshal to determine if fire 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: 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 Marshal's requirements. The plan shall be reviewed by the Fire Marshal. 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 determined by the Fire Marshal. 54 55 56 F-7 that if evidence of an archeological site or other suspected cultural resource as defined 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 activities, 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 qualified archaeologist and that are consistent with the Secretary of the lnterior'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 of the discovery and immediately notify the City of Burlingame. The project sponsor shall retain a qualified 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 while mitigation for paleontological resources or geologic features is carried out. The project sponsor shall be responsible for implementing any additional mitigation measures prescribed by the paleontologist and approved by the 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. lf the 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 EXHIBIT "A" Conditions of Approval for Categorical Exemption and Design Review Amendment 21 Park Road Effective August 20, 2020 Page 9 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.S(e) and public Resources Code Section 5097.98. 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.