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HomeMy WebLinkAboutReso - PC - 2023.07.10 - 9EDocuSign,Envelope lD | 07 52F 876-CF7 6478+8487-656C7C7297A3 RECORDING REOUESTED BY WHEN RECORDED I\,IAIL TO: COMMUNITY DEVELOPMENT DEPARTI\,IENT CITY OF BURLINGAi/E 501 PRIMROSE ROAD BURLINGAME, CA 94010 lffiliiilliliilliiiillilllillriilliiiilillllillillllilliillrlllilllllll*$F0003391q02$t 2 r0 I hereby certify this to be a full, true and mnect copy of the document it purports to be, the original ofwhich is on file in my office. JU 21,2023 bttiw htkwl TITLE OF DOCUMENT c ITY EAMGstuNBU Date; Kevin Gardiner, AICP, Community Development Di Planning Department City of Burlingame 2423-A44334 3r14 pm 09/13/2023 R1 Feo: NO FEE Count ,I Paqes 10 RecordeC in Official Records Co unty ofSan Matm Mark Church Assesso r-Co unty Clork-Recoder Resolution No. 2023-07.10-9E 123-135 PRIMROSE ROAD APNs 029-221-040 and 029-221-05O RESOLUTION APPROVING CATEGORICAL EXEMPTION, DESIGN REVIEW AND SPECIAL PERi'IT RESOLVED, by the Planning Commission of the City of Burlingame that WHEREAS, a Categorical Exemption has been prepared and application has been made for a Desion Review and Soecial P rmit for buildinq heiqht for construction of a new. 14-unit multi-unit residential apartment buildinq at 123-1 35 Primrose Road . Zoned HMU.Albert and Tlleresa Wono Trust and Svlvia n o Trust o ro o e rtv owners APNS: 029-22 1 -040. 029-221 -050 WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on July 10. 2023, 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, ln-Fill Development Projects, is hereby approved. 2. Said Design Review and Special Permit are approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Design Review and Special Permit 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 rrperson , Secretary of the Planning mission of the City of Burlingame, do hereby certify that the foregoing resolutron was introduced an d adopted at a regular meeting of the Planning Commission held on the 1Oth dav of Julv, 2023. by the following vote 123-135 PRIHROSE AVE. - RESO 203{17.10€E AYES: COITAROTO, HORAN, LOWENTHAL PFAFF, SCHTID, SHORES, TSE NOES: NONE ABSENT NONE RECUSED: NONE Secretary 0 klcud 1 EXHIBIT "A" Conditions of Approval for Categorical Exemption, Design Review, and Special permit 123-135 Primrose Road Effective July 20, 2023 Page 1 that the project shall be built as shown on the plans submitted to the planning Division date stamped May 31, 2023, sheets A0.1 through A5 2a, Cl through C8, and 11.0 and L2.0; and that the gate to the garage shall remain open/ up during daylight hours; that prior lo 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 for the project, the applicant shall pay the Residential lmpact Fees (final fee amount to be calculated based on the fee schedule in effect at the time the building permit is issued), made payable to the City of Burlingame and submitted to the Planning Division; that prior to issuance of a building permit for the project, the applicant shall pay the first half of the Public Facilities lmpact fee (fee amount to be calculated based on the fee schedule in effect at the time the building permit is issued), made payable to the City of Burlingame and submitted to the Planning Division. that prior to scheduling the final framing inspection for the apartment building, the applicant shall pay the second half of the Public Facilities lmpact fee (fee amount to be calculated based on the fee schedule in effect at the time the building permit is issued), 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); that the maximum elevation at the top of the parapet shall not exceed elevation 89.65, and that the top of the two stair enclosures shall not exceed elevation 96.48' as measured from the average elevation at the top of the curb along Park Road (38.05'), for a maximum height to parapet of 51'-7" and a maximum height to top of stair enclosures of 58'-5"; that the top of each floor and final roof parapet height and the flnal stair enclosure heights 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 38.25'; second floor finished floor shall be elevation 52.42'; lhtd floor finished floor shall be elevation 63.27'; and fourth floor finished floor shall be elevatio n 7 4.19' . 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, 2 4 6 7 5. 8 EXHIBIT "A" Conditions of Approval for Categorical Exemption, Design Review, and Special permit 123-'135 Primrose Road Effective July 20, 2023 Page 2 that the applicant shall coordinate with the City of Burlingame Parks Division regarding the installation of the street trees along Primrose Road; 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; 10 that during construction, the applicant shall provrde fencing (with a fabric screen or mesh) around the project site to ensure that all construction equipment, materials, and debris is kept on site; 11 that storage of construction malerials and equipment on the street or in the public right- of-way shall be prohibited; 12 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 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 project; and designated construction access routes, staging areas and washout areas; The Project sponsor shall ensure implementation of the following BMPs during Project construction, in accordance with the BAAQMD's standard 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. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. I IJ, 14. that all runoff created during construction and future discharge from the site shall be required to meet National Pollution Discharge Elimination System (NPDES) standards; EXHIBIT "A" Conditions of Approval for Categorical Exemption, Design Review, and Special permit 1 23-135 Primrose Road Effective July 20, 2023 Page 3 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 power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to l5 miles per hour. e. All roadways, driveways, and 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 equipment off when not rn use or reducing the maximum idling time to 5 minutes (California Code of Regulations [CCR] Title 13 S 2485). Clear signage regarding idling restrictions shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with the manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. The prime construction contractor shall post a publicly visible sign with the telephone number and person to contacl at the City of Burlingame regarding dust complaints. The City of Burlingame and the construction contractor shall take corrective action within 48 hours. The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. 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 stockpiles to stabilize denuded areas shall be installed to maintain temporary erosion controls and sediment control continuously until permanent erosion controls have been established; that construction access routes shall be limited to prevent the tracking of dirt onto the public right-of-way, clean off-site paved areas and sidewalks using dry sweeping methodst that if construction is done during the wet season (October 1 through April 30), that prior to October 1 the developer shall implement a winterization program to minimize the potential for erosion and polluted runoff by inspecting, maintaining and cleaning all soil erosion and sediment control prior to, during, and immediately after each storm even; stabilizing disturbed soils throughout temporary or permanent seeding, mulching matting, or tarping; rocking unpaved vehicle access to limit dispersion of mud onto public 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 the duration of construction for review and acceptance by the City Engineer prior to the issuance of a building permit; the construction staging plan shall include construction 16 17 18 19 20 21 24 EXHIBIT "A" Conditions of Approval for Categorical Exemption, Design Review, and Special permit 123-135 Primrose Road Effective July 20, 2O23 Page 4 equipment parking, construction employee parking, timing, and duration of various phases of construction and construction operations hours; the staging plan shall address public safety and shall ensure that worker's vehicles and construction equipment shall not be parked in public parkrng areas with exceptions for construction parking along the street frontages of the project site; 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 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 and distribution systems shall be increased at the developer's expense if necessary; 22 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 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; 23 that the applicant shall install fire sprinklers and a flre 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; 25 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; 26 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; 27 that construction methods shall not include the use of impact, sonic, or vibratory pile driving methods. ln addition, foundation compaction techniques shall exclude the use of vibratory rollers on the project site and shall exclude the use of all vibration-compaction equipment within 25-feet of the proiect boundaries. Alternate methods of compaction to be used shall include the use of back-hoe mounted, nonvibratory, sheepsfoot rollers, or the use of hand-controlled jump-jack compactors, or similar low- or non-vibratory compaction equipment. EXHIBIT "A" Conditions of Approval for Categorical Exemption, Design Review, and Special permit 123-135 Primrose Road Effective July 20, 2023 Page 5 28 thal the applicant shall provide a Construction Vibration Management plan which shall include a list of all heavy construction equipment to be used on the project site that are known to produce high vibration levels (tracked vehicles, vibratory compaction, jackhammers, hoe rams, etc.) to the Community Development Director or the Director's desrgnee. This list shall be used to identify equipment and activities that would potentially generate substantial vibration and to define the level of effort required for continuous vibration monitoring to ensure the project would not exceed acceptable thresholds. The following four (4) conditions shall be met during the Building lnspection process prior to the inspections noted in each condition: 29. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners, set the building envelope, 30 that prior to scheduling the framing inspection, the projecl architect, engineer, or other licensed professional shall provide architectural certiflcation 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; 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; and 32 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 Downtown Specific Plan: the project sponsor shall implement all appropriate control measures from the most currently adopted air quality plan at the time of project construction; 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 ofthe fleet. b. Use at least 10 percent local building materials. c. Recycle at least 50 percent of construction waste or demolition materials. 33 34 Jt. 5b 2R .,1 EXHIBIT "A" Conditions of Approval for Categorical Exemption, Design Review, and Special permit 123-135 Primrose Road Effective July 20, 2023 Page 6 the project sponsor shall incorporate recycling measures and incentives such that a solid waste diversion rate of 7 5o/o is achieved upon occupation of each phase of plan 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; 39 that construction shall avoid the March 15 through August 31 avian nesting period to the extent feasible. lf it is not feasible to avoid the nesting period, a survey for nesting birds shall be conducted by a qualified wildlife biologist no earlier than 7 days prior to construction. The area surveyed shall include all clearing/construction areas, as well as areas within 250 ft. of the boundarres of these areas, or as otherwise determined by the biologist. ln the event that an active nest is discovered, clearing/construction shall be postponed within 250 ft. of the nest, until the young have fledged (left the nest), the nest is vacated, and there is no evidence of second nesting attempts; 40 that for projects 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 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; 41 that the following practices shall be incorporated into the construction documents to be implemented by the project contractor. a. Maximize the physical separation between noise generators and noise receptors Such separation includes, but is not limited to, the following measures. Use heavy-duty mufflers for stationary equipment and baniers 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. 38 b. Use quiet construction equipment whenever possible 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 project sponsor shall incorporate residential energy efficiency measures such that energy efficiency is increased to 15% beyond 2008 title 24 standards for electricity and natural gas; EXHIBIT "A" Conditions of Approval for Categorical Exemption, Design Review, and Special Permit 123-135 Primrose Road Effective July 20, 2023 Page 7 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 into the construction documents to be implemented by construction contraclors: The project sponsor shall require that loaded trucks and other vibration-generating equipment avoid areas of the projecl site that are located near existing residential uses to the maximum extent compatible with project construction goals; 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 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 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 prqect 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. 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, flred 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 lessthan significant level through data recovery or other methods determined adequate by a qualified 43 45 42. 44. 46 Conditions of Approval for Categorical Exemption, Design Review, and Special Permit 123-135 Primrose Road Effective July 20,2023 Page 8 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 constructron, the project manager shall cease all construction activities at the site of the discovery and immediately notifi/ 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 archaeologist may provide professional assistance to the Most Likely Descendant, including the excavation and removal of the human remains. The City of Burlingame shall be responsible for approval of recommended mitigation as it deems appropriate, taking account of the provisions of State law, as set forth in CEQA Guidelines section '15064.5(e) and public Resources Code Section 5097.98. 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. EXHIBIT "A" 47.