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HomeMy WebLinkAboutReso - PC - 2022.10.24 - 8DDocuSign Envelope lb: AESOEFAC-14CC,48D7-8E7F-1048C6968877 RECORDING REQUESTED BY Planning Department City of Burlingame WHEN RECORDED II/AIL TO: COM[,{UNITY DEVELOPt!,lENT DEPARTMENT CITY OF BURLINGAIUE 501 PRIMROSE ROAD BURLINGAME. CA 94010 2023-004600 3:Ol pm O1/3'112023 R1 Feer NO FEE Cou nt of Paq66 9 R€cordsd in Off icial Recods Cou nty of san Mateo Mark church Assossor-counly clerk_Recorder l illll I lllnl lllllll[il|fl ulilu lllllllllllllllfll|!illlllil! illltlr Resolution No. 2022-10.24-8D 1669/1699 BAYSHORE HIGHWAY & 8101821 MALCOLM ROAD APNs: 026-302-530, 026-302-550, 026-302-400, 026-301 -1 80 TITLE OF DOCUMENT I hereby cerlify this to be a full, true and mnect copy of the document it purports to be, the original of which is on file in my office November 4 2022 b CITY o Date Kevin Gard ner AICP Community Development Director ATEO rJUNE 1( RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BURLINGAME APPROVING AN APPLICATION FOR CATEGORICAL EXEMPTION, COMIUERCIAL DESIGN REVIEW AND SPECIAL PERMITS FOR BUILOING HEIGHTS AND FOR INCREASED FLOOR AREA RATIO WTH APPROVAL OF COMMUNITY BENEFITS UNDER TIER 3 DEVELOPMENT STANDARDS FOR A NEW RESEARCH AND DEVELOPMENT CAMPUS AT ,I669/1699 OLD BAYSHORE HIGHWAY AND 810/82,I MALCOLM ROAD WHEREAS, on September 29, 2021 , King Bayshore Owner, LLC filed an application with the City of Burlingame Community Development Department - Planning Division requesting approval of the following requests: Commercial Design Review (Code Sections 25.12.090 and 25.68.020(C)(3)); special Permit for building height greater than 65 feet for properties fronting on old Bayshore Highway (90'-6', 120'-6', and 135'-6" proposed) (Code Sections 25.12.030,f ab\e 25.12-2 and 25 78.060(A)(2)), Special Permit for Community Benefits for increased Floor Area Ratio for a Tier 3 project (2.41 FAR proposed for entire campus (2.71 FAR for north parcel and 2.23 FAR for the south parcel), where 2.75 FAR is the maximum allowed) (Code Sections 2512!30, f able 25.12-2, 25.12.040(C), and 25.78.070(4)); and . Vesting Tentative Parcel Map (Parcel A, Parcel Map Yol 3117; Lots 1 & 2, Block 4, East Millsdale lndustrial Park Unit No. 2 and adjacent portion of Old Bayshore Highway and City of Burlingame; and Lots 33 and 34, Block 4, East Millsdale lndustrral Park Unit No. 2). WHEREAS, on January 24, 2022 and August 22, 2022, the Planning Commission conducted duly noticed public hearings (environmental scoping and design review study) to review a new Office/Research and Development campus consisting of a seven-story building, an eight-story building, and a nine-level parking garage. At that time the Planning Commission requested additional information and asked the applicant to consider making changes to the project to address their concerns; and Following consideration of all information contained in the October 24. 2022 staff report to the Planning Commission regarding the project, all written correspondence, and all public comments received at the public hearing, the Planning Commission grants approval of the Office/Research and Development project based on the following findings regarding the project enttflements: Desion Review Findinqs That the proposed buildings and parking garage have a contemporary commercial architectural style, featuring vision glass spandrel with shadowbox, metal panel reveals, precast concrete spandrel and infill panels, ribbon window walls, horizontal metal sun shades, and perforated metal mechanical penthouse screens with a non- reflectjve finish will blend with the exrsting office buildings in the area and will also be compatible with the newer buildings in the surrounding area, such as those on Anza Boulevard; and that the parking structure will be enhanced with art installations to incorporate that structure with the rest of the campus; That the proposed new streetscape improvements and the coordinating plazas on either side of Malcom Road promote pedestrian activity and create a new open space that can be accessed and connected with the Bay Trail, 1 That the site is adjacent to four to ten story buildings and therefore would be compatible with the mass and bulk of buildings in the area and is consistent with the overall heights establtshed in the General Plan and the Zoning Code, and That the proposed landscaping and paving on the site, including the tiered seating used to integrate the grade change from Old Bayshore Highway to Malcolm Road, the raised and paved walkway between the plazas, the art installations in the plazas, and the proposed 106 new trees to be planted on site and in the right-of-way along the three frontages will promote the use of the new outdoor spaces and enhance pedestrian use on this site and in connection with the Bay Trail located across the street. Special Permit Findin os (lncre ased Floor Area Ratio with Appro val of Communitv Benefits) That the proposed floor area ratio for the campus is appropriate sited with frontage on Old Bayshore Highway because the increased density will integrate with the development encouraged in the adjacent BFC zoning district and create a reinvigorated commercial district; That the proposed floor area ratio for the campus is concentrated at the center of the sites and that there are adequate setbacks to neighboring properties to provide a buffer and ensure public health, safety, and general welfare; and Special Permit Findin qs (Buildino Heiqhts) That the proposed modification to standard heights for the buildings on the campus rs consistent with an existing building across the street and promote the intent of the Zoning Code to promote more density for select uses along the Old Bayshore Highway corridor; and That the proposed heights of the building on the campus are consistent with the goals and policies of the Burlingame General Plan. WHEREAS , said matters were heard by the Planning Commission of the City of Burlingame on , at which time it reviewed and considered the staff report and all other writtenOctober 24 2022 materials and testimony presented at said hearing; NOW, THEREFORE, IT IS RESOLVED AND DETERMINED BY THIS PLANNING COMMISSION THAT: Section 1. On the basis of 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. Section 2. Said Commercial Design Review and Special Permits are approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Commercial Design Review and Special Permits are set forth in the staff report, minutes, and recording of said meeting. Section 3. lt is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. 2 That the proposed floor area ratio for the campus aligns with the goals and policies of the Burlingame General Plan, as amended in 2021. Cha rperson Secretary of the Planning Commission of the City of regoing resolution was introduced and adopted at a regular on the 24th ber 2022 by the following vote Burlingame, do hereby certify that the fo meeting of the Planning Commission held 1669/1699 BAYSHORE HWy & 81U821 f,ALCOt-I Rf,t _ RESO 2022_102,1-8I)AYES: GAUI- HORAN, LO}IENTHAL PFAFFtlO€S: NOI{E ABSEI{T: COIAROTO, SCHXID, TSE RECUSED: IIOXE -,1f lit-i..rl\+L-- Secretary EXHIBIT "A" Conditions of Approval for Categorical Exemption, Commercial Design Review, and Special Permits 1669/1699 Bayshore Highway and 810/821 Malcolm Road Effective November 3, 2022 Page 1 that the project shall be built as shown on the plans submitted to the Planning Division date stamped October 20. 2022, sheets G00-10 through G20-02, A01-00 through A2O-03, L01-01 through 108-01, A0.3 through A6.1, and C0.0 through Cg.0; and that if the proposed Research and Development use is revised to a more intense use the project may be subject to an Amendment application or additional review by the Planning Division and/or the Planning Commission. 2 ,> 7 5 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 any changes to the size or envelope of building, which would include changing or addjng exterior walls or parapet walls, or changes to building materials, exterior finishes, wrndows, architectural features, roof height or pitch, and amount or type of hardscape materials shall be subject to Planning Division or Planning commission review (Fyl or amendment to be determined by Planning staff); that the conditions of the Building Division's october 12, 2022 memo, the Fire Division's October 13,20222 memo, the Engineering Division's October i4,2022 memo, the public Works- Mapping October 19, 2022 memo, and the Stormwater Division's October 13, 2022 memo shall be met; that the conditions put forth in the Septembet 22, 2022 letter from Perkins & wjll to the city of Burlingame's senror civil Engineer shall be addressed; and that the flood gate system specified on Sheet A01-01 or a similar system shall be installed prior to final inspection for the project; that the project design measures outlined rn the water supply Assessment, dated september 2022, and the Water Supply Assessment lvlemorandum, dated October 13. 2022, shall be included on the plans submitted to the Building Division; including installing purpte piping in the frontage of the project site for future recycled water usage: implementing the prescriptive Compliance Option of the Model Water Efficient Landscaping Ordinance (see California Code of Regulations Title 23, Chapter 2.7. Appendix D): installing 1OO% WaterSense tabeled products. as available; and under Leadership in Energy and Environmental Design (LEED) certification, incorporate a minimum of four points under the water Efficiency credit category, that the applicant shall submit to the Department of Public works, Engineering Division any additional applications for a flnal parcel map for processing in conformance with the Subdivision Map Act; that the app[cant shall submit to the Planning Division either a recorded parcel Map showrng a parking easement between the two parcels or the applicant shall submit a san Mateo county Assessor and Recorder's office deed restriction for shared parking between the two parcels; 1 4 6. EXHIBIT "A" Conditions of Approval for Categorical Exemption, Commercial Design Review. and Special permits 1669/'1699 Bayshore Highway and 810/821 Malcolm Road Effective November 3, 2022 Page 2 o o 10 11 12 13 14 15 that in compliance with the approved special Permit and as a community Benefit, the project shall include a $100,000.00 allowance to be dedicated to Bay Trail improvements; that the city Manager shall be authorized to execute an agreement with the applicant and to collect the funds prior to the Planning final inspection for the project; that construction of the foundatron systems for the building and parking garage shall not include pile driving; that if the City determines that the structure interferes with City communications in the City, the property owner shall permit public safety communications equipment and a wireless access point for City communications to be located on the structure in a location to be agreed upon by the City and the property owner. The applicant shall provide an electrical supply source for use by the equipment. The applicant shall permit authorized representatives of the city to gain access to the equipment location for purposes of installation, maintenance, adjustment, and repair upon reasonable notice to the property owner or owner's successor in interest. This access and location agreement shall be recorded in terms that convey the intent and meaning of this condition; that prior to issuance of a building permit for the project, the applicant shall pay the first half of the Bayfront Development Fee, if applicable (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 approval of final framing of the building, the applicant shall pay the second half of the Bayfront Development Fee, if applicable (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 affordable housing commercial linkage fee (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 jssuance of a building permit for the project, the applicant shall pay the public Facilities lmpact Fee (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 the project shall include the Project rransportation Demand Management (TDM) Measures as proposed in the TDM Plan, prepared by Kittelson & Associales and dated August 3, 2022; that a TDM annual report shall be prepared by a qualified, independent consultant and paid for by the owner and submitted to the city of Burlingame annually, with the initial, or baseline, commute survey report to be conducted and submitted one (1) year after the granting of a certificate of occupancy for 75 percent or more of the project and annually after that; 16 EXHIBIT "A" Conditions of Approval for Categorical Exemption, Commercial Design Review, and Special Permits 1669/1699 Bayshore Highway and 810/821 Malcotm Road Effective November 3, 2022 Page 3 17 18 19 20 21 z3 24 l5 that the TDM annual report shall provide information about the level of alternative mode-uses and in the event mode shift percentage noted in the TDM (i.e., proportion of occupants that use something other than a car to/from the subject property) towards alternative transportation is not met, the report shall explain how and why the goal has not been reached; in such a circumstance the annual report shall identify a work plan, to be approvedby the City of Burlingame, which describes additional or alternative measures for implementation that would be necessary to enhance the TDM program to attain the TDM goal; that the city may consider whether the employer/tenant has made a good faith effort to meet the TDM goals and may allow the owner a sjx-month "grace period" to implement additional TDM measures to achieve the TDM goal; that prior to the issuance of a certificate of occupancy. a covenant agreement shall be recorded with the San Mateo County Assessor and Recorder's Offlce to provide constructive notrce to ali future owners of the property of any ongoing programmatic requirements that discloses the required Transportation Demand Management (TDM) provisions and any conditions of approval related herein to compliance and reporting for the TDM; prior to issuance of a building permit for vertical construction, the project sponsor shall verify that october 15,2022, FAA Determination of No Hazard to Air Navigation for the project is still current and has not expired (october 15,2023) and if expired a new FAA Determination of No Hazard to Air Navigation shall be submitted to the city of Burlingame prior to building permit issuance for construction; that a Protected rree Removal Permit dated August 18. 2022 shall be effective at the time the designated protected trees on the project site are removed or the applicant shall be required to obtain a permit extension from the City Arborist; that the project shall comply with the construction and Demolition Debris Recycling ordinance which requires affected demolition, new construction and alteration pde;ts to submit a waste Reduction PIan 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 sitework permit has been issued and such site work lhatt be required to comply with all the regulations of the Bay Area Air euality Management District; 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 storage of construction matenals and equipment on the street or in the public right-of- way shall be prohibited; that construction access routes shall be limited in order to prevent the tracking of dirt onto thepublic right-of-way, clean off-site paved areas and sidewalks using dry sweeping methods; 26 EXHIBIT "A'' Conditions of Approval for Categorical Exemption, Commercial Design Review, and Special Permits 1669/1 699 Bayshore Highway and 810/821 Malcotm Road Effective November 3, 2022 Page 4 1'7 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 for vertical construction; the construction staging plan shall include construction 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 worke/s vehicles and construction equipment shall not be parked in public parking areas with exceptions for construction parking along the street frontages of the project site; 28 that the project applicant and its conslruction 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: 30 a. 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;b. ldentification of haul routes for movement of construction vehicles that would minimize jmpacts on motor vehicular. bicycle and pedestrian trafflc, circulation and safety, and specjfically to minimize impacts to the greatest extent possible on streets in the project area;c. Notification procedures for ad.iacent property owners and public safety personnel regarding when major deliveries, detours. and lane closures would occur:d. Provisions for monitoring surface streets used for haul routes so that any damage and debris attributable to the haul trucks can be identified and corrected by the project applicant: ande. 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 if construction is done during the wet season (october 1 through April 30), that prior to construction during the wet season 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 eveni stabilizing disturbed soils throughout temporary or permanent seeding, mulching matting, or tarping; rocking unpaved vehicle access to limit dispersion of mud onto public iight-of-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 acomplete lrrigation water Management and conservation plan together wiih complete landscape and irrigation plans shall be provided at the time of building permit application for vertical construction. )a 31. EXHIBIT "A" Conditions of Approval for Categorical Exemption, Commercial Design Revtew, and Special Permits 1669/1699 Bayshore Highway and 810/821 Matcotm Road Effective November 3, 2022 Page 5 32. 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. 33. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance: 34. that this project shall comply with Ordinance No. '1477. Exterior lllumination Ordinance, 35. that the project shall meet all the requirements of the California Building and Uniform Fire Codes. as amended by the City of Budingame, The following five (5) conditions shall be met during the Building lnspection process prior to the inspections noted in each condition: that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners, and set the building envelope; 3/that prior to the underfloor frame inspection the surveyor shall certify the first floor elevation of the new structure, ?a 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; Jb 39. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof parapet and provide certificatron of that height to the Building Division; 40. 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.