HomeMy WebLinkAboutReso - PC - 2020.09.28 - 8BPocuSign Envelope lD: DEA78943-1 992.4629-840A-BECD93E4SD97
RECORDING REQUESTED BY:
Planning Department
City of Burlingame
WHEN RECORDED MAIL TO:
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF BURLINGAME
501 PRIMROSE ROAD
BURLINGAME, CA 94010
2021-167915
12:35 pm 12llgl21 R1 Fee: NO FEE
Count of Pages 10
Recorded in Official Records
County of San Mateo
Mark Church
r ttlr r illfimllflililii]liiililXfi nil tiflitnnfi ilil il lt tl]*$R0003184511$,t
(
Resolution No. 2020-09.28-8b
601 CALIFORNIA DRIVE
029-131-380
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 2021
h^rrru
JUNE
Date:
Kevin Gardiner, AICP, Community Development
,{
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BURLINGAME
APPROVING CATEGORICAL EXEMPTION, CONDOMINIUM PERMIT, COMMERCIAL DESIGN
REVIEW CONDITIONAL USE PERttiIT FOR BUILDING HEIGHT, AND TENTATIVE
CONDOMINIUM MAP FOR A 2s-UNIT LIVE/WORK CONDOMINIUM AT 601 CALIFORNIA
DRIVE, ON PROPERTY SITUATED WTHIN THE C.2. NORTH CALIFORNIA COMMERCIAL
DISTRICT
RESOLVED, BY THE PLANNING COMMISSION OF THE CITY OF BURLINGAME THAT:
WHEREAS, a Categorical Exemption has been prepared and application has been made for
dominium Permit Commercial De Conditional Use r buildion
and Tentative Condominium Map for construction of a new 25-unit live/work condominium at
601 California Dri ve, zoned C-2- North California Commercial District, E dward Duffv, prooertv
owner APN: 029-131-380
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
September 28. 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:
1. 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, ln-Fill Development Projects, is
hereby approved.
2. Said Commercial Design Review, Condominium Permit, Conditional Use Permit, and
Tentative Condominium Map are approved subject to the conditions set forth in Exhibit
"A" attached hereto. Findings for such Commercial Design Review, Condominium
Permit, Conditional Use Permit, and Tentative Condominium Map are set forth in the
staff report, minutes, and recording of said meeting.
3. lt is further directed that a certified copy of this resolution be recorded in the official
records of the County of San Mateo
Chairperson
5. SC,l-lrM lb , Secretary of the Planning Commission of the City of Burlingame,
do hereby certify that the foregoing resolution was introduced and ad atare gular meeting
of the Planning Commission held on the 28th da of llowing vote
601 CAUFORI'IIA AVE - RESO 2020{r9.28{b
AYES: COIAROTO, GAUI- LOmS
SARGET{T, SGHIID, TERROI{ES, TSE
IIOES: NOI{E
ABSEI{T; NOI{E
RECUSED: l{Ol{E
Secretary
Conditions of Approval for Condominium Permit, Commercial Design Review, Conditional Use Permit,
and Tentative Condominium Map
601 California Drive
Effective October 8, 2020
J
1
2
that the project shall be built as shown on the plans submitted to the Planning Division date
stamped September 22, 2020, sheets 40.01 through 4-6.00, L-1.00 through L-3.00, C-1, and
Architectural Site Survey dated November 20, 2019;
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 prior to issuance of a building permit, 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 prior to issuance of the building permit for the project, the applicant shall pay the residential
impact fees in the amount of $610,410.00 to $712,145.00 (to be determined based on use of
prevailing wage labor) made payable to the city of Burlingame and submitted to the planning
Division;
that prior to issuance of the final framing inspection of the project, the applicant shall pay the
public facilities impact fees in the amount of $'125,759.00, made payable to the City of Burlingame
and submitted to the Planning Division;
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);
7
8
that the final inspection shall be completed and a certificate of occupancy issued before the close
of escrow on the sale of each unit;
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 a Klaus automated vehicle stacker parking system, or an equivalent parking lift system, 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.
signage shall be installed 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.
o
a
b
c
EXHIBIT "A"
4.
5.
6.
Conditions of Approval for Condominium Permit, Commercial Design Review, Conditional Use Permit,
and Tentative Condominium Map
601 California Drive
Effective October 8, 2020
10. that the developer shall install a visual and audio pedestrian warning system shall be installed at
the exiUentrance to the building parking area and that the developer shall install a red curb along
Floribunda Avenue from the intersection with California Drive to the edge of the driveway apron
for the multifamily property immediately to the south and abutting the subject site rear property
line; and that both installations are subject to approval by the Public Works Division;
11. that the project shall be constructed in accordance with the July 29, 2019 "Request for Alternate
Materials or Methods of Construction" agreement between Edward Duffy and Central County Fire
Department;
12.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;
13.that all construction shall abide by the construction hours established in the Municipal Code; with
the exception of certain activities noted in the Class 32 Categorical lnfill Exemption dated
September 2020 and subject to the approval of the Chief Building Official;
that 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:
a. 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;
14.
A set of comprehensive traffic control measures, including scheduling of major truck trips
and deliveries to avoid peak traffic hours, detour signs if required, lane closure procedures,
signs, cones for drivers, and designated construction access routes;
ldentification of haul routes for movement of construction vehicles that would minimize
impacts on motor vehicular, bicycle and pedestrian traffic, circulation and safety, and
specifically to minimize impacts to the greatest extent possible on streets in the project area;
Notification procedures for adjacent property owners and public safety personnel regarding
when major deliveries, detours, and lane closures would occur;
Provisions for monitoring surface streets used for haul routes so that any damage and
debris attributable to the haul trucks can be identified and corrected by the project applicant;
and
b
c.
d
EXHIBIT "A"
EXHIBIT "A"
Conditions of Approval for Condominium Permit, Commercial Design Review, Conditional Use permit,
and Tentative Condominium Map
601 California Drive
Effective October 8, 2020
15.
to
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 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 cuUfill 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 projec.t; and
designated construction access routes, staging areas and washout areas;
f
that the applicant shall submit a Construction Noise Control Plan. This plan would include
measures such as:
' Using smaller equipment with lower horsepower or reducing the hourly utilization rate of
equipment used on the site to reduce noise levels at 50 feet to the allowable level.. Locating construction equipment as far as feasible from noise-sensitive uses.
' Requiring that all construction equipment powered by gasoline or diesel engines have
sound control devices that are at least as effective as those originally provided by the
manufacturer and that all equipment be operated and maintained to minimize noise
generation.. Prohibiting gasoline or diesel engines from having unmuffled exhaust systems.
' Not idling inactive construction equipment for prolonged periods (i.e., more than
5 minutes).
' Constructing a solid plywood barrier around the construction site and adjacent to
operational businesses, residences, or other noise-sensitive land uses.. Using temporary noise control blanket barriers.
' Monitoring the effectiveness of noise attenuation measures by taking noise
measurements.
' Using "quiet" gasoline-powered compressors or electrically powered compressors and
electric rather than gasoline- or diesel-powered forklifts for small lifting.
17. that all off-road diesel-powered equipment used during construction is equipped with
U.S. Environmental Protection Agency (EPA) Tier 4 "final" engines;
18. 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;
19. that during construction, the applicant shall provide fencing (with a fabric screen or mesh) around
the project site to ensure that all construction equipment, materials and debris is kept on site;
20. that storage of construction materials and equipment on the street or in the public right-of-way
shall be prohibited;
21. 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
EXHIBIT "A"
Conditions of Approval for Condominium Permit, Commercial Design Review, Conditional Use Permit,
and Tentative Condominium Map
601 California Drive
Effective October 8, 2020
22
23
24
25
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 righlof-way; covering/tarping stored
construction materials, fuels and other chemicals;
that trash enclosures and dumpster areas shall be covered and protected from roof and surface
drainage and that if water cannot be diverted from these areas, a self-contained drainage system
shall be provided that discharges to an interceptor;
that 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 all site catch basins and drainage inlets flowing to the bay shall be stenciled. All catch basins
shall be protected during construction to prevent debris from entering;
that this proposal shall comply with all the requirements of the Tree Protection and Reforestation
ordinance adopted by the city of Burlingame in 1993 and enforced by the parks Department;
complete landscape and irrigation plans shall be submitted at the time of building permit
application and the street trees will be protected during construction as required by the C1y
Arborist;
that the applicant shall coordinate with the City of Burlingame Parks Division regarding the
planting of three (3) street trees along Floribunda Avenue;
that the project shall comply with the Construction and Demolition Debris Recycling Ordinance
which requires affected demolition, new construction and alteration projects to submit a Waste
Reduction plan and meet recycling 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 Quality Management District;
that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water
Management and Discharge Control Ordinance;
that the project shall meet all the requirements of the California Building and Uniform Fire Codes,
as amended by the City of Burlingame;
that this project shall comply with Ordinance No. 1477 , Exterior lllumination Ordinance;
to
27.
28
29
3'1
30
The following 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 property
corners, set the building envelope;
33. that prior to underfloor frame inspection the surveyor shall certify the first floor elevation of the
35
EXHIBIT "A"
Conditions of Approval for Condominium Permit, Commercial Design Review, Conditional Use permit,
and Tentative Condominium Map
601 California Drive
Effective October 8, 2020
34
new structure(s) and the various surveys shall be accepted by the Building Division;
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;
36
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;
that the maximum elevation to the top roof parapet shall not exceed elevation 75-26,, as
measured from the average elevation at the top of the curb along California Drive (20-31') for a
maximum height not to exceed 54'-11" to the top of roof of the fifth floor; the garage finished floor
elevation shall be elevation 20.12': the top of each floor and final roof ridge shall be surveyed by a
licensed surveyor who shall provide certification of that height to the Building Division; Should any
framing exceed the stated elevation at any point it shall be removed or adjusted so that the final
height of the structure with roof shall not exceed the maximum height shown on the approved
plans;
The following conditions of approval are from Downtown Specific plan:
37. that if subgrade structures are proposed, the project sponsor shall prepare a Geotechnical Study
identifying the depth to the seasonal high water table at the project site. No permanenl
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;
38. the project sponsor shall implement all appropriate control measures from the most currenly
adopted air quality plan at the time of project construction;
39. 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.
b. All haul trucks transporting soil, sand, or other loose material offsite shall be covered or
otheruise loaded consistent with California Vehicle Code Section 23114.
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.
EXHIBIT "A"
Conditions of Approval for Condominium Permit, Commercial Design Review, Conditional Use permit,
and Tentative Condominium Map
601 Galifornia Drive
Effective October 8, 2020
43
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]). ctear 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 operalion.
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.
the project sponsor shall implement 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 of the fleet.
b. Use at least'10 percent local building materials.
c. Recycle at least 50 percent of construction waste or demolition materials.
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;
the condominium management shall post and update information on alternate modes of
transportation for the area (i.e. bus/shuttle schedules and stop locations, maps);
the project sponsor shall incorporate commercial energy efficiency measures such that energy
efficiency is increased to 15% beyond 2008 title 24 standards for electricity and natural gas;
the project sponsor shall incorporate recycling measures and incentives such that a solid wastediversion rale of 7 5o/o is achieved upon occupation of each phase of plan development;
the project sponsor shall incorporate residential 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 March 15 through August 31 avian nesting period to the extentfeasible, as determined by staff. lf it is not feasible to avoid the nesting-period, a survey fornesting birds shall be conducted by a qualified wildlife biologist no ea iJr ihan 7 days prior toconstruction. The area surveyed shall include all clearing/construction areas, as wel[ as areas
within 250 ft. of the boundaries of these areas, or as otheruise determined by ihe biologist. ln the
44.
45.
46.
47.
48.
49.
EXHIBIT "A"
Conditions of Approval for Condominium Permit, Commercial Design Review, Conditional Use Permit,
and Tentative Condominium Map
601 California Drive
Effective October 8, 2020
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;
50 that for projecis within the Plan Area that require excavation, a Phase I Environmental Site
Assessment (and Phase ll sampling, where appropriate) would be required. lf the Phase I
Environmental Site Assessment determines that remediation is required, the projecl 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;
51.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.
Use quiet construction equipment whenever possible
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.
52 the project sponsor shall incorporate the following practice into the construction documents to be
implemented by construction contractors: The poect 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;
53 that if the p@ect 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 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.
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
b
c
54
EXHIBIT "A"
Conditions of Approval for Condominium Permit, Commercial Design Review, Conditional Use Permit,
and Tentative Condominium Map
601 California Drive
Effective October 8, 2020
proposed project, and the size of the existing water main(s). lf the Fire Marshal determines
improvements are needed for fire protbction 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.
55
56
E-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{han
significant level through data recovery or other methods determined adequate by a qualified
archaeologist and that are consistent with the Secretary of the lnterio/s Siandards 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 less{han-significant level. Work may
proceed on other parts of the project site while mitigation for paleontological resources or
geologic features is canied 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 ba halied 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 NAHo 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, ifany, 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 asit deems appropriate, taking account of the provisions of state law, as set forth in cEeA
Guidelines section 15064.5(e) and Public Resources code Section 5097.99. 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.