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HomeMy WebLinkAbout05.14.07 PC Minutes APPROVED.CITY OF BURLINGAME PLANNING COMMISSION APPROVED MINUTES 501 Primrose Road, Burlingame, CA May 14, 2007 Council Chambers I. CALL TO ORDER Chair Brownrigg called the May 14, 2007, regular meeting of the Planning Commission to order at 7:00 p.m. II. ROLL CALL Present: Commissioners Auran, Brownrigg, Cauchi, Deal, Osterling, Terrones and Vistica Absent: Commissioners: None Staff Present: City Planner, Margaret Monroe; Planner, Ruben Hurin; Community Development Director, William Meeker; City Attorney, Larry Anderson; Senior Engineer; Doug Bell; III. MINUTES The minutes of the April 23, 2007 regular meeting of the Planning Commission were reviewed and approved with the following changes: page 2, first paragraph, bullet 9, correct desk to deck; page 2, first paragraph, bullet 10, delete “Need to know who is responsible for water quality in this reach of creek” because it is a duplicate; page 2, paragraph 6 bullet 3, insert “Existing picket fence needs to be repaired, if it is to remain, show on plans”; page 6, paragraph 3, bullet 9, revise to read: “Change the guardrail on the front rear stairs to craftsman style match the deck rail”. The minutes of the May 1, 2007, Special Study Session were approved as mailed. IV. APPROVAL OF AGENDA There were no changes to the agenda. CP Monroe noted that because of the Regular Action Calendar tonight, any items called off the Consent Calendar will be set for action on the Regular Action Calendar, Tuesday May 29, 2007. V. FROM THE FLOOR Mark Grandcolas, 754 Walnut Avenue, commented on the three common styles of architecture in Burlingame, asked the Planning Commission to be particularly attentive to requiring details like true divided light windows and roofing material consistent with the architectural tradition of the proposed building in all residential and commercial buildings. Chair Brownrigg noted window detail is also a high priority for residential development for the Commission, and this focus on windows has been extended to commercial development now that there is commercial design review. Pat Giorni, 1445 Balboa Avenue, spoke to FYI 2212 Hillside Drive, think that plans presented do not include all the changes requested by the City Council at the appeal hearing including planting wells along the driveway; should hold this item over to action for complete plans. VI. STUDY ITEMS There were no study items for discussion. City of Burlingame Planning Commission Approved Minutes May 14, 2007 2 VII. ACTION ITEMS Consent Calendar - Items on the consent calendar are considered to be routine. They are acted on simultaneously unless separate discussion and/or action is requested by the applicant, a member of the public or a commissioner prior to the time the commission votes on the motion to adopt. Chair Brownrigg asked if anyone in the audience or on the Commission wished to call any item off the consent calendar. He noted that there was a request among the desk items tonight to remove item 1c, 1249 Cabrillo Avenue, from the consent calendar. There were no requests to remove any other items from the Consent Calendar. 1a. 755 PALOMA AVENUE, ZONED R-1 – APPLICATION FOR ONE-YEAR EXTENSION OF AN APPROVED APPLICATION FOR DESIGN REVIEW, SPECIAL PERMITS AND CONDITIONAL USE PERMITS FOR A FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING AND FOR A NEW OFFICE IN AN ACCESSORY STRUCTURE (JONATHAN FELDMAN, APPLICANT AND ARCHITECT; ANN STOWE & MICHAEL CELICEO, PROPERTY OWNERS) (72 NOTICED) PROJECT PLANNER: LISA WHITMAN 1b. 1863 EL CAMINO REAL, ZONED C-1 – APPLICATION FOR A COMMERCIAL RECREATION FACILITY (YOGA STUDIO) ROBIN DUFFY, APPLICANT, STEVE AND MERRY-LEE MUSICH, PROPERTY OWNERS; AND KEVIN KARL, ARCHITECT) (13 NOTICED) PROJECT PLANNER: ERICA STROHMEIER 1c. 1249 CABRILLO AVENUE, ZONED R-1 – APPLICATION FOR A CREEK ENCLOSURE PERMIT FOR REPLACEMENT OF AN EXISTING WOOD DECK WITH A NEW CONCRETE DECK OVER A CREEK BED (JOHN & GAIL DISERENS, APPLICANT AND PROPERTY OWNER; JD & ASSOCIATES, DESIGNER) (61 NOTICED) PROJECT PLANNER: ERICA STROHMEIER Set for first item on the Action Calendar for the Planning Commission meeting of May 29, 2007. 1d. 1412 CAPUCHINO AVENUE, ZONED R-1 – APPLICATION FOR FRONT SETBACK VARIANCE FOR A FIRST FLOOR PORCH ADDITION (MARK AND MAGALI LEIALOHA, APPLICANTS AND PROPERTY OWNERS; BLAISE DESCOLLONGES, RSS ARCHITECTURE, AND ARCHITECT) (77 NOTICED) PROJECT PLANNER: RUBEN HURIN C. Osterling moved approval of Consent Calendar items 1a 755 Paloma Avenue; item 1b 1863 El Camino Real; and item 1d 1412 Capuchino Avenue based on the facts in the staff reports, commissioners comments and the findings in the staff reports with recommended conditions in each staff report and by resolution. The motion was seconded by C. Terrones. Chair Brownrigg called for a voice vote on the motion and it passed 7-0. Appeal procedures were advised. City of Burlingame Planning Commission Approved Minutes May 14, 2007 3 VIII. REGULAR ACTION ITEM 2. 1450 ROLLINS ROAD/20 EDWARDS COURT, ZONED RR – ENVIRONMENTAL IMPACT REPORT AND APPLICATIONS FOR CONDITIONAL USE PERMITS FOR USE AND BUILDING HEIGHT AND DESIGN REVIEW FOR COMPLIANCE WITH THE NORTH BURLINGAME/ROLLINS ROAD SPECIFIC PLAN FOR RECONSTRUCTION AND ADDITION TO AN EXISTING BUILDING FOR THE PENINSULA HUMANE SOCIETY & SPCA (KEN WHITE, PENINSULA HUMANE SOCIETY & SPCA, APPLICANT, GEORGE MIERS & ASSOCIATES, ARCHITECT, HENRY HORN & SONS, PROPERTY OWNER) (59 NOTICED) PROJECT PLANNERS: RUBEN HURIN/MARGARET MONROE Reference staff report May 14, 2007, with attachments. CP Monroe presented the report, reviewed action criteria and staff comments. Eighty-seven (87) conditions were suggested for consideration including the mitigation monitoring plan. The staff report included as attachments the Draft Environmental Impact Report and the Response to Comments Document which together are the Final Environment Impact Report for the Peninsula Humane Society & SPCA project at 1450 Rollins Road/20 Edwards Court. Chair Brownrigg reviewed the ground rules for processing the item. Commissioners asked if there was any relationship between the author of the letter at their desks on EIP letter head and Impact Sciences who prepared the environmental documents. CP noted that the EIP letter was an independent comment. The two firms are not related. Commissioner asked how the 22 foot maximum length of delivery truck would be enforced. Staff noted that the conditions would be the enforcement tool, and the deliveries by truck could be limited to off a.m. and p.m. peak hours when there is less traffic in the area or other times when there are fewer cars in the parking lot. There were no further questions of staff. Chair Brownrigg asked the Commissioners and noted that all had visited the site. Chair Brownrigg opened the public hearing. He called on the applicant to make a 20 minutes presentation. Then he noted that he would give Mr. Guibara 10 minutes to present since he was a local property owner in the area. Noting the level of audience interest in testifying tonight, he then noted he would give everyone else three minutes to comment; and the applicant could return at the end of the public testimony for a final comment. Ken White, President of the Peninsula Humane Society & SPCA in San Mateo County; George Miers, Architect, presented the project; Elaine Chey, Green Building Specialist. They noted: mission of PHS&SPCA; age of facility at Coyote Point; Final EIR identified no significant unavoidable impacts; introduced key project consultants present in the areas of noise, green building, landscape, mechanical plumbing; and economics will answer questions. Noted building would be LEEDS certified, although don’t know level; cleaning agents will be dispersed via pump system, reduce water usage; interior odor would be addressed by walls with smooth covering and no joints to reduce bacteria; roof screen hide roof equipment, add to height of building; if noise is a problem, exercise area has rolling roof which can be kept closed; classroom area can be divided into two classrooms; showed a diagram of ways animals can enter and exit the facility. Commissioners asked about how animals enter building; number of animals euthanized at this site; clarify services provided on this site as opposed to Coyote Point; four hour construction on property line; metal frame and mesh on aviary and outdoor habitat; metal grill on Rollins Road side of building; LEED certification; how would public traffic enter and leave the site; procedure for departing with animal; variety of classes offered. City of Burlingame Planning Commission Approved Minutes May 14, 2007 4 Kevin Guibara, Executive Director for Coordinating Resources and Development, California Watershed Posse; Albert Guibara, property owner in area. Neighboring property owners addressed: land use; on-site parking requirement; driveway width and on-site circulation; not meet ADA requirements; designated staff parking inadequate; traffic table wrong size for ARF facility, question parking ratio, not include classes; basic error in comparative parking count; no designated on-site loading; on street parking close by is very limited; property value study should base value on rental income; CCandR’s require four hour building; parking violates CCandR’s ; added roof equipment requires screen which increases height; and staff had pointed out problem of comparative parking analysis not including class use. Chair Brownrigg opened the public hearing. He asked each speaker to limit their presentation to three minutes and to focus on new information. The following spoke: Oscar Braun, Executive Director of Half Moon Bay Coastside Foundation and California Watershed Posse; Debbie Fischer, President , Peninsula Humane Society & SPCA, 361 Half Moon Lane, Daly City; William St. Lawrence, 832 Morrell Avenue; William Nack, 1153 Chess Drive, Foster City; David Moutoux, Law Office at 1400 Rollins Road; Jennifer Pfaff, 615 Bayswater Drive; John Root, 728 Crossway Drive; Scott Delucchi, 190 E. O’Keefe Street, Menlo Park; Maria Eguren, 1222 Oak Grove Avenue; Katie Dinneen, 536 Johnson Avenue, Pacifica; Rebecca Allen, 217 Arkansas Street; Pat Giorni, 1445 Balboa Avenue; Karen Key, 1499 Oak Grove Avenue; Michele Moffat, Peninsula Humane Society volunteer; Susan Castner-Paine, 728 Concord Way; Nick Brownrigg, 1524 Columbus Drive; Jim Knapp, Citizens for Accountability spoke. Issues noted were: consideration should be limited to Final EIR; position on no alternative; must certify EIR within one year; time for the city to decide; give the people working for animals a better facility; three building trades property owners at 1511, 1519, and 1521 Rollins Road support PHS/SPCA, good neighbor, will generate jobs; confirm that letter on recirculation of EIR and failure to act in one year in record; project being processed under M-1 zoning, violates section prohibiting boarding of animals; activity not contained within building, noise is audible; permitted uses allow a wide variety of uses; traffic volume is light on 4 lane Rollins Road; good location for this project/good for county residents; noise from freeway incredible in this area; review outreach services , animal behavior, wildlife rescue services offered by PHS/SPCA; no threat to endangered species; Mills Creek needs refuse removal; 50 Edwards Court needs to maintain their landscaping; loud during day, at night no one lives there; not affect land values, cited San Francisco examples; Burlingame should be honored to be selected as site; little noise audible from animals at Coyote Point, lots of parking there too; this area not good choice, decision should be based on law, administrative record and CEQA; EIR alternatives inadequate; Red Legged Frog not adequately addressed; post- construction pollution control not adequately addressed; Response to Comments document was not circulated to public; where is the Final EIR. There were no further comments and the public hearing was closed. Chair Brownrigg called for a break at 9:25 p.m. The meeting was reconvened at 9:32 p.m. Chair Brownrigg asked the applicant if they would like to respond. Jennifer Renk, attorney, Luce, Forward, Hamilton and Scripps, 121 Spear Street, San Francisco; Timothy Tosta, attorney Luce, Forward, Hamilton and Scripps, 121 Spear Street, San Francisco, commented on: euthanasia, on-site parking includes employees and visitors; explained error in parking table; agree to review parking in one year; ADA accessible parking requirements; loading areas; CCandR’s private property owner issue; if any existing hazards in building required by City code to address before demolition; project creates 6,500 SF of additional space, could have been addressed by Negative Declaration; no significant impacts; no need to recirculate; new information on Red Legged Frogs and drainage does not raise a significant impact; permit streamlining designed for benefit of applicants to move project along. City of Burlingame Planning Commission Approved Minutes May 14, 2007 5 Commissioners asked the applicant: eviction from Coyote Point; continue to look for a site until find one; animal control; sufficient funding for project; PHS/SPCA not oppose high density use at east end of Edwards Court. Applicant agreed to conditions: add list of services which would never occur on this site- stay at Coyote Point or elsewhere, never convert aviary and outdoor habitat to conditioned space, study parking after one year and again two or three years later, all dogs kept at the Center are neutered unless a veterinarian recommends that it is not safe for the animal’s health, required to have LEEDS certification with silver as the goal and submittal of program to Planning Commission for FYI before issuance of a building permit, increase the width of the sidewalks on Rollins Road and Edwards Court to 8 feet and place the street trees on the private property adjacent to the sidewalk. There were no further comments from the floor. The public hearing was closed. Commission discussion: Chair Brownrigg suggested that the discussion begin with the adequacy of the Final EIR, since if the document is not determined to be adequate there is no point in discussing the project. Find Final EIR overly adequate, comfortable with analysis of odor, supported by testimony at public hearing that at existing sites in San Francisco located in more sensitive neighborhoods than this and there is no detectable odor, went to San Francisco and had the same experience; traffic analysis is adequate both that done by Fehr & Peers but also the responses at the Study and Public hearing; noise conclusions are adequate; moreover the water evaluation evolved into something that addressed the problem of animal waste effectively; adequate due process has been provided though the number of public hearings, study and action meetings outlined in the staff report; the purpose of the CEQA process is to inform the public, particularly the alternatives, there are adequate alternatives explored to determine that there are no significant issues which are not mitigated at the proposed site and the report is adequate to determine that there are no significant unavoidable impacts or significant impacts which cannot be reduced to acceptable levels with mitigation on this site, the analysis is sound; the issue of eviction is not a concern, it is not an issue which is within the Planning Commission’s jurisdiction, and was never considered in the merits of this project. Never would storm water and animal or human sewage be allowed to mix, the on site sewage collection system is not a choice or an option, and what is proposed is appropriate and addresses possible impacts. The study of the parking is adequate, Commission has approved different parking standards for a number of use applications such as table tennis and badminton, it is clear that these recreational uses are different in use than commercial recreation gyms which is the basis for the parking table in the zoning code; this is a similar use to one allowed so different standards can be considered, however, as a project requirement do need to review periodically to determine that there will not be a problem. Commission discussion of the Final EIR continued: do not feel that the parking analysis is adequate, all of the square footage of the building was not included, aviary and outdoor wildlife habitat were left out; 200 birds will have more than one attendant, the aviary and outdoor wildlife areas should be held to the same parking standard as conditioned space; this facility will be a destination, concerned about the right of the industrial area to continue as industrial, this use will conflict – classes, retail, funeral services; site is too compressed this is not addressed in the Final EIR; noise from emergency vehicles and the effect on the dogs and birds was not mitigated. Feel that those comments address the use not the Final EIR; found it compelling that the net increase in area on this site is 6, 500 SF, could have been addressed by a Mitigated Negative Declaration but chose to prepare an EIR for more thorough review; project is better for the thorough review than it would have been otherwise, particularly in the areas of odor, noise, traffic, believe the document is adequate. The parking problem is an issue without a direct solution; the width of Rollins Road is not pedestrian friendly, parking on the west side of the street; Final EIR is thorough and complete, the problem is the location of the facility particularly with traffic at the entrance to the industrial area, other locations in the industrial area would be more appropriate, Adrian Court or at the end of Edwards Court. Final EIR did a good job of evaluating the number of issues raised, the record is exhaustive, does the City of Burlingame Planning Commission Approved Minutes May 14, 2007 6 disclosure job it is supposed to do. Final EIR addresses the fact that the runoff from the site will not pollute habitat of endangered species, Planning Commission has taken great care and has been successful in protecting the Red Legged Frog causing the numbers in Burlingame to increase substantially; dog waste on this site is handled well by being directed into the sanitary sewer system, there are an estimated 7, 300 dogs in Burlingame all of whose waste we can guarantee is not going into the sewer collection system; based on information on noise and odor in the Final EIR opinion that the Final EIR did reach a level to convince that there will be no significant or economic impacts created on neighboring properties from the project. Regarding the alternatives analysis the information put into the record by the applicant that the Final EIR concludes that there are no negative impacts which exceed CEQA and community standards and that without significant unavoidable impacts the alternatives section has a different purpose. The alternatives section offers a reasonable range of alternatives for comparison with the project. It was noted by staff that the alternatives section included addressed the no project alternative, a reduced density alternatives, an alternative similar to the proposed project at a different location on a site which turned out not to be available for sale, which was not needed if there were no significant impacts; nonetheless staff developed an alternative on Rollins Road for an alternative similar to the proposed project for comparison, the discussion in the Final EIR also included a site in Half Moon Bay and one in San Carlos. Commissioner noted that whether the one alternative was on a site which was not available, it did represent a viable program and showed that no significant environmental impacts would be caused, the no build/no project alternative includes the Coyote Point alternative because there would be no change in the current services there if the project were not built. Alternatives analysis appears to be a matter of procedure which had been met since there were no significant unavoidable impacts to be addressed for reduction though the alternatives analysis. Chair Brownrigg asked for a motion on the adequacy of the Final EIR prepared for the PHS/SPCA project at 1450 Rollins Road. C. Terrones made a motion to approve the Final EIR as adequate and to certify it as required by the California Environmental Quality Act based on the reasons given by the Planning Commission. The motion was seconded by C. Vistica. Chair Brownrigg called for a roll call vote on the motion to find that the Final EIR for the PHS/SPCA project is adequate and to certify the Final EIR as required by CEQA. The motion passed on a roll call vote 6-1 (C. Auran dissenting). The Commission discussion on the PHS/SPCA project: issues noted for additional conditions were parking for animal rescue facilities, pedestrian safety, access to facility by private buses; limitation for delivery times for larger (up to 22 feet) trucks; aviary not become conditioned space; LEEDS certification; sidewalk size and location of street trees; warrants for traffic signal and financial support if needed. Other issues noted: presence of commercial recreation uses in area and their impacts; promote Burlingame businesses on site and provide consideration for Burlingame residents; not opposed new development on Edwards Court in future. Chair Brownrigg made a motion to approve the conditional use permit to exceed the 35 foot height review line because the design guidelines in the North Burlingame/Rollins Road Specific Plan suggest taller buildings in the Rollins Road area, and this building is less than the maximum proposed in the design guidelines, the added roof equipment screen which increases the height of the building provides an important aesthetic benefit by screening the equipment on the roof so it cannot be seen from the street or sidewalk. The motion was seconded by C. Terrones. Chair Brownrigg called for a voice vote on the motion to approve the conditional use permit to exceed the 35 foot height review line. The motion passed on a 7-0 voice vote. City of Burlingame Planning Commission Approved Minutes May 14, 2007 7 C. Deal made a motion to approve the parking ratio for animal rescue facilities and shelters with an increase from the 1.56 proposed to 1.6 parking spaces per 1,000 SF plus one space for outdoor habitat/aviary. The motion was seconded by C. Vistica. Discussion on the motion: opposed because the city’s standard parking ratios should be used and a variance required with parking study as justification. Staff noted that the determination for 1.6 parking spaces for the animal rescue/shelter facility would include the conditioned space and one additional space for outdoor habitat area. Commission clarified that this parking ratio would only apply to animal rescue and shelter facilities and that since such facilities require a conditional use permit they would be reviewed and their parking studied at the time of submittal. Conditional uses are subject to constant review, could bring parking and traffic back on a semi-annual or other basis as do in other areas of the city; could add parking with vehicle lifts, could reduce activities on the site, could add signage to direct people to parking, suggested condition for the project was that the applicant could work with City Traffic Engineer to develop an adequate directional program to the site and facility. Chair Brownrigg called for a roll call vote on the motion to accept 1.6 parking spaces per 1,000 SF plus one space for outdoor habitat/aviary space as the parking ratio for animal rescue and shelter uses. The motion passed on a 5 – 2 (Cers. Auran and Osterling dissenting). Through their discussion the Commissioners identified a number of additional conditions for the project. These are summarized:  add list of services which would never occur on this site-stay at Coyote Point or elsewhere e.g. the following services shall never be allowed at the PHS/SPCA Center for Compassion: an initial triage; dead animal pick-up and disposal; housing of stray animals; housing of aggressive animals prior to hearing; quarantine for rabies and other possible zoonoitic illnesses; euthanasia of animals without the presence of their owners and an appointment; spay/neuter for the public’s animals and shelter animals; lost and found services, 24/7 animal ambulance service, local code enforcement, and, except in circumstances of individual members of the public misunderstanding, animal receiving;  that the aviary and outdoor habitat shall never be covered with a permanent roof or be converted to conditioned space;  that a parking supply and demand study shall be prepared one year after the facility opens and again two years later and at a regular interval following the first study, should it be determined to be necessary;  that all dogs kept at the Center shall be neutered unless a veterinarian recommends that neutering is not safe for the animal’s health and age; and the animal, while in the care of the SPCA, shall be neutered when it is safe;  that the project shall have a LEEDS certification with silver as the goal; and that the LEEDS check list shall be submitted to Planning Commission for FYI review before the building permit is issued;  that the property owner shall increase the width of the sidewalks along the Rollins Road and Edwards Court property frontages to 8 feet, as measured from face of curb, and that the street trees shall be placed on the private property adjacent to the sidewalk;  that delivery trucks shall be limited to a maximum of 22 feet in length and shall load and unload on the site only during off peak traffic hours (outside of 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m.) and not during the peak on-site parking demand on –site, 2 p.m. to 4 p.m. daily;  that, in the interest of pedestrian safety and access across Rollins Road at Edwards Court to the facility, should the traffic warrants based on the City’s standards for a traffic signal or lighted pedestrian crosswalk ever be achieved, the property owner shall fund the installation of a lighted City of Burlingame Planning Commission Approved Minutes May 14, 2007 8 crosswalk or two legs of the traffic signal whichever the City’s Traffic Engineer determines to be appropriate;  that the green curb zone on Rollins Road at Edwards Court along this property frontage shall remain and that one privately owned bus at a time shall be allowed access to the PHS/SPCA facility;  that the hardscape in the memorial garden shall be paved with pervious material to support the landscaping and drainage on the site;  that the facility operator shall work with the City Traffic Engineer to develop and implement a directional signage program for the facility and that is include direction to on-site parking; and  that during construction radios on-site shall be limited to those needed to manage the construction activity. C. Deal made a motion to approve by resolution the conditional use permit to allow an animal rescue and shelter facility as defined by the applicant at 1450 Rollins Road/20 Edwards Court with the conditions in the staff report which include the mitigation monitoring plan from the Final EIR which the Commission determined to be adequate and certified as required by CEQA and including the amended conditions to the project which were added by the Commission during the public review and following it because the animal rescue and shelter use as proposed would not be detrimental to the area, the use is positive for the community and in order to care for the needy animals the proposed project is a needed facility in the city as shown by the applicant and supporters, the action includes the following amended conditions: Construction 1. that the project shall be built as shown on the plans submitted to the Planning Department date stamped April 17, 2007, A.1 through A5.2 and CL1, and that any changes to building materials, exterior finishes, footprint or floor area of the building shall require an amendment to this permit; that the hardscape in the memorial garden area shall be paved with pervious material to support the landscaping and drainage on the site and that the aviary and outdoor habitat shall never be covered with a permanent roof or be converted to conditioned space (Planning) 2. that the conditions of the Chief Building Official's April 26, 2006, August 22, 2005 and July 1, 2005, memos, the City Engineer's April 24, 2006, August 24, 2005 and July 7, 2005, memos, the Fire Marshal's April 24, 2006, memo, the City Arborist's April 26, 2006 and August 31, 2005 memos, the Recycling Specialist's May 5, 2006 and July 6, 2005, memos, and the NPDES Coordinator's April 24, 2006 and July 5, 2005, memos shall be met; (Building, Public Works, Fire, Planning) 3. that the following services shall never be allowed at the PHS/SPCA Center for Compassion: and initial triage; dead animal pick-up and disposal; housing of stray animals; housing of aggressive animals prior to a mandated hearing; quarantine for rabies and other possible zoonoitic illnesses; euthanasia of animals without the presence of their owners and an appointment; spay/neuter for the public’s animals and shelter animals; lost and found services, 24/7 animal ambulance service, local code enforcement, and, except in circumstances of individual members of the public misunderstanding, animal receiving; (Planning) 4. that any hazardous materials on the site and in the existing building to be demolished shall be investigated and identified by a licensed engineer who will prepare a plan for their removal which shall be approved by the Burlingame Fire Department and Building Division before a building permit is issued; and that any such material shall be removed in compliance with regulations and the plan before demolition of the building can commence; (Building, Fire) City of Burlingame Planning Commission Approved Minutes May 14, 2007 9 5. that the building plans for all new construction and remodel of any existing structure on this site shall comply with the requirements of Chapter 18.22 Flood Damage Prevention in the Burlingame Municipal Code before issuance of a building permit, and all construction shall be inspected for compliance with these requirements as a part of the final building inspection; (Public Works, Building) 6. that prior to scheduling the final framing inspection, the applicant shall pay the second half of the North Burlingame Rollins Road Development fee in the amount of $5,384.82, made payable to the City of Burlingame and submitted to the Planning Department; (Building, Planning) 7. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; (Public Works) 8. that the project shall include an on-site filtration system designed to remove solid material generated from this use which could reduce the capacity of the City’s sewer collection system serving this site and area, the location and filter system design and maintenance schedule shall be approved by the Public Works Department prior to the issuance of a building permit; the installation of the filter system shall be inspected by the Building and Public Works as a part of the regular construction inspections on the site; and following installation during operation of the facility the filter system installation shall be inspected regularly on a schedule determined by the staff of the Waste Water Treatment plant; all material cleaned regularly from the filters shall be stored in containers and disposed of by the same method as the soiled cat litter; failure to provide, maintain and properly dispose of filtered material and used filters shall cause review of the conditional use permit for this use on this site. (Public Works, Building) 9. that the project is subject to the state-mandated water conservation program, and a complete Irrigation Water Management Plan must be submitted with landscape and irrigation plans at time of permit application; (Public Works) 10. that all air ducts, plumbing vents, and flues shall be combined where possible and installed on the portions of the roof not visible from the street; and that these venting details shall be included and approved in the construction plans before a Building permit is issued; (Building) 11. that any changes to the size or envelope of building, which would include changing or adding exterior walls or parapet walls, moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to design review; (Planning) 12. that prior to issuance of a building permit, a detailed Exterior Lighting Plan shall be provided to the City of Burlingame for review. The lighting plan shall be based on the following standards: (a) The cone of light shall be focused on the site and stray light shall be controlled through use of low-brightness fixtures with optical controls; (b) All exterior light sources shall be shielded and fully blocked from off-site views, except for the street address; (c) No lighting of the structure or vegetation will be permitted from any outdoor light fixture; and (d) On-demand exterior lighting systems shall be employed where feasible. Area lighting and security lighting will be controlled by the use of timed switches and/or motion detectors. (Building, Planning) City of Burlingame Planning Commission Approved Minutes May 14, 2007 10 13. that demolition of the existing structures and any grading for site preparation shall be required to receive a permit from the Bay Area Air Quality Management District prior to issuance of a demolition and building permit by the Building division; that no such demolition and site work shall occur until after a building permit has been issued; and that all requirements of the Bay Area Air Quality Management District permit shall be complied with during construction; (Building) 14. 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; (Building) 15. that storage of construction materials and equipment on the street or in the public right-of-way shall be prohibited; (Public Works) 16. that all construction shall abide by the construction hours established in the City of Burlingame Municipal Code, and shall occur only between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, 9:00 a.m. and 6:00 p.m. on Saturdays, and 10:00 a.m. and 6:00 p.m. on Sundays and holidays; (Building) 17. that prior to scheduling the framing inspection the project architect or designer, or another architect or design professional, shall provide an architectural certification that the architectural details shown in the approved design which should be evident at framing, such as window locations and bays, are built as shown on the approved plans; architectural certification documenting framing compliance with approved design shall be submitted to the Building Division before the final framing inspection shall be scheduled; ( Planning, Building) 18. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the highest point of the building (roof ridge, parapet or mechanical screening) and provide certification of that height to the Building Department; (Building) 19. that prior to final inspection, Planning Department 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; (Planning) 20. that the landscaping noted on sheets L-2 and L-3 shall be installed according to plan and shall be irrigated with an automatic irrigation system; landscaping that does not survive on the site shall be immediately replaced with an equivalent species, and before the issuance of a Building Permit, the Planning Commission shall review the revised landscape plans as an FYI item; (Planning, Building) 21. that tree grates selected by the City and consistent with the North Burlingame/Rollins Road Specific Plan design criteria shall be installed around all trees to be planted in sidewalk areas on Trousdale Drive, per City guidelines; (Planning, Building) 22. that the project landscaping plan shall be reviewed and approved by the City Arborist prior to issuance of any grading and/or building permits, and all landscaping shall be installed prior to scheduling final inspection. This work shall include installation of all trees within sidewalk areas and the installation of the curb, gutter and sidewalk; (Building) City of Burlingame Planning Commission Approved Minutes May 14, 2007 11 23. that during demolition of the existing structure(s), site preparation and construction of the structure(s), the applicant shall use all applicable "best management practices" as identified in Burlingame's Storm Water Ordinance, to prevent erosion and off-site sedimentation of storm water runoff; (Public Works) 24. 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 cut/fill 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; that compliance shall also include the requirements of the conditions included the mitigation monitoring plan; (Public Works) 25. that off-site runoff shall be diverted around the construction site and all on-site runoff shall be diverted around exposed construction areas; (Public Works) 26. that methods and procedures such as sediment basins or traps, earthen dikes or berms, silt fences, straw bale dikes, check dams storm drain inlet protection 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; (Public Works) 27. that all construction materials and waste, including solid wastes, paints, concrete, petroleum products, chemicals, washwater or sediment, shall be stored, handled and disposed of properly to prevent the discharge of all potential pollutants into stormwater; (Public Works, Fire) 28. that if the project is constructed during the wet season (October through May), an erosion control and/or sediment control plan, compliant with the City’s NPDES (stormwater control) requirements, shall be prepared and implemented, to the satisfaction of the Public Works Department, prior to the onset of the wet season, and shall be maintained throughout the construction period; (Public Works) 29. that all project grading, construction and subsequent operations shall comply with the provisions of the City’s NPDES requirements. A Stormwater Pollution Prevention Plan (SWPPP) outlining construction phase and post-construction phase measures to reduce pollutant discharge from the site shall be submitted for review and approval by the Engineering Department prior to issuance of grading or building permits; (Public Works) 30. that no vehicles or equipment shall be cleaned, fueled or maintained on-site, except in designated areas which runoff is contained and treated; (Public Works) 31. that construction access routes are limited in order to prevent the tracking of dirt onto the public right-of-way, clean off-site paved areas and sidewalks using dry sweeping methods; (Public Works) 32. 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; (Planning, Public Works) City of Burlingame Planning Commission Approved Minutes May 14, 2007 12 33. that the property owner shall, as a part of project construction, widen the sidewalks, place a root barrier along the inner edge of the sidewalk, and build the sidewalks to City sidewalk standards along the Rollins Road and Edwards Court frontages of the property; that the sidewalks shall be a minimum of eight (8) feet in width; and that the required street trees as shown on the approved plans shall be placed two feet from the inner edge of the sidewalk with supporting irrigation installed from the project site; (Public Works, Planning, Building) 34. that the project contractor shall implement best management practices for noise reduction, such as muffling and shielding intakes and exhausts of gas powered tools, generators, and other noise- producing equipment.; (Building) 35. that trucks shall be fully loaded to minimize the number of necessary trips and to further reduce noise related to truck travel; (Public Works) 36. that no radios shall be used by construction personnel on the site at any time; during construction radios on-site shall be limited to those needed to manage the construction activity. (Building) 37. that the project shall have a LEEDS certification with silver as the goal, and that the LEEDS checklist shall be submitted as an FYI item to the Planning Commission before the building permit is issued; (Planning) 38. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2001 Edition, as amended by the City of Burlingame; (Building) Operation 39. that the Center shall have a maximum of 30 staff people on-site at any one time consisting of both paid professionals and volunteers; the Center shall have a maximum of two people present on-site after business hours for 24-hour coverage; that any permanent increase in the number of employees over 30 on site at any one time shall require an amendment to this permit; (Planning) 40. that all dogs kept at the facility shall be neutered before arrival unless a veterinarian recommends that the neutering procedure would be unsafe for the animal’s health or age, if this is the case the animal shall be neutered when it is safe; (Planning) 41. that the Center may not be open for business for adoptions, animal deliveries or permitted veterinary services except during the hours of 11:00 a.m. to 7:00 p.m. seven days a week; in addition to business hours classes/educational activities may occur between 10:00 a.m. and 10 p.m. seven days a week, with the last class ending no later than 10:00 p.m.; class and educational events shall be scheduled with a minimum of fifteen (15) minutes between classes/educational events to insure adequate turnover of on-site parking; (Planning) 42. that because of on-site parking the maximum class size shall be limited to 35 students; for animal behavior classes, the class size shall be limited to ten pet owners and a maximum of 2 instructors at one time; instructors of animal behavior classes shall be in the parking lot to meet students and shall escort them to their vehicles at the end of the class; (Planning) 43. that the facility operator shall work with the City Traffic Engineer to determine a feasible directional program to the facility site including on site parking, the facility operator shall fund the signage and its installation; (Public Works, Planning) City of Burlingame Planning Commission Approved Minutes May 14, 2007 13 44. that no visitors shall be brought to the Center for Compassion by private or school bus for instruction, tours or other services only one bus at a time shall bring visitors or students to the animal rescue and shelter facility, parking for the bus shall be provided on-site at a pre-arranged location and the green curb adequate for loading and unloading shall be retained along the Rollins Road street frontage of the site; (Planning) 45. that a parking study using methodology approved by the City shall be prepared one year after the Center opens and again two years after the center opens and at regular intervals there after should it be determined to be necessary based on the first two studies; that this study shall evaluate the use of the on-site parking throughout the week and particularly during peak usage periods (including during class sessions); the study shall be submitted to the Community Development Director for review, should the study document that on-site parking is inadequate or that those seeking parking regularly prefer to use the public street, then the facility operator shall prepare, within 3 months, an alternative parking plan which shall address the parking shortages identified and the reasons for them; this plan shall be reviewed by the Community Development Director and the City Traffic Engineer and submitted to the Planning Commission for review and amendment to the conditional use permit; failure to provide a remedial plan and appropriate, effective solutions for on-site and off-site parking problems identified in the studies shall result in Planning Commission review of the conditional use permit; (Planning, Public Works) 46. that the retail sales area in the Center for Compassion shall be designed to serve the needs of those adopting animals from the site, the sales area shall be limited to 800 SF and shall not be designed to be a destination or wholesale/discount location for pet supplies; (Planning) 47. that any and all cleaning agents used by the facility which will be washed into the public sewer or into the surface drainage serving the site shall be approved by the operator of the Burlingame Wastewater Treatment Plant and by the City’s NPDES inspector, prior to their being used; failure to use approved products and demonstrated problems at the City’s treatment plant or surface drainage channels shall require a public hearing before the Planning Commission including consideration of amendments to the conditional use permit for this use; (Public Works, Wastewater Treatment Plant) 48. that all animals arriving at the Center for Compassion, except those accompanied by their owners to participate in behavior training classes and those brought by their owners for veterinarian services within 30 days of adoption, shall enter the facility only through the enclosed, staff parking area; the arrival and departure of animals with their owners outside of the caged parking area shall be supervised by a trained staff member who shall supervise the quiet unloading and loading of the animals into their owners vehicles; (Planning) 49. that no stray animals shall be accepted at the Center for Compassion, that should an animal be abandoned at the Center the facility shall provide a holding cage in side the building to secure the animal until the Animal Control Services have been contacted and arrive to remove the animal; (Planning) 50. that the 62 on-site parking spaces shall be used only for the visitors and employees of the Center and City of Burlingame Planning Commission Approved Minutes May 14, 2007 14 shall not be leased or rented for storage of automobiles either by businesses on this site or by other businesses for off-site parking; (Planning) 51. that no more than fifteen (15) percent of the domestic animals, cats and dogs, housed for adoption at the San Mateo Center for Compassion each year shall enter the facility from locations outside of San Mateo County; that the facility operator shall provide to the Community Development Director an annual report documenting by month the source of the domestic animals housed on the site; this report shall be submitted to the Community Development Director no later than December 30, of each year; failure to submit such a report will result in review by the Planning Commission; (Planning) 52. that the facility shall have posted on the site at an accessible location an odor management plan to address basic and additional measures to minimize odors such as more frequent pick up, earlier in the day, application of deodorizing agents, etc.; this plan shall be prepared and reviewed by the City prior to the scheduling of the final inspection; the site shall be inspected for compliance with the posting of the plan and the procedures set out in the plan at the same time that the waste water filter facilities are inspected, failure to comply with the requirements of the plan or valid complaints shall result in a report to the Bay Area Air Quality Control Board and review by the Planning Commission; (Public Works, Wastewater Treatment Plant) 53. that, in the event of air quality violations based on odor, the property owner shall install charcoal air filters or any other devise required by the Bay Area Air Quality Control Board on air exhaust vents and that the air evacuation system for the building shall provide for a minimum of twelve (12) air exchanges per hour; (Public Works, Building, Planning) 54. that the rolling roof over the dog exercise area shall be closed between the hours of 9:00 p.m. and 7:00 a.m. each day; (Planning) 55. that the facility operator shall comply with the behavioral selection criteria setout in the Response to Comments document on pages 3.0-28and 29, attached to the project approval, these requirement will be enforced by requiring that this operator or any other operator of this use shall comply with these criteria for selection of animals to be housed on the Center site; failure to comply with these selection criteria shall cause this permit to be subject to public hearing before the Planning Commission and remediation addressed to the satisfaction of the Planning Commission for continued use of the site; (Planning) 56. that in the interest of pedestrian safety and access across Rollins Road at Edwards Court to the facility, should the traffic warrants based on the City’s standards for traffic signal or lighted pedestrian crosswalk ever be achieved, the property owner shall fund the installation of a lighted pedestrian crosswalk or two legs of the required traffic signal, whichever the City’s Traffic Engineer determines to be necessary; ( Public Works) 57. that deliveries of equipment and supplies to the facility shall be limited to trucks with a maximum length of 22 feet, that such deliveries shall not be made during peak traffic hours (7 a.m.-9 a.m. and 4 p.m. to 6 p.m.) or during the on-site peak parking demand hours of 2 p.m. to 4 p.m. daily; the peak parking demand hours shall be confirmed in the first year parking study and the truck delivery limitations adjusted if the peak on-site parking hours of use is different. City of Burlingame Planning Commission Approved Minutes May 14, 2007 15 Mitigation Monitoring Plan 58. that the project’s design shall be consistent with the proposed site plan, building elevations, and landscaping plan illustrated in Figures 3.0-2, 3.0-3, and 3.0-6 of the Draft EIR. Any alternations to the final approved design shall require approval from the City prior to implementation and be determined to be consistent with the conclusions of the environmental impact report; (Planning) 59. that the landscaping on-site shall be maintained throughout the life of the project. Trees along Rollins Road and Edwards Court shall be replaced in minimum 24-inch box size if any of the trees planted along these roads become severely diseased or do not survive. The City shall approve any changes to the landscaping plan illustrated on Figure 3.0-6 of this EIR;(Planning ) Lighting 60. that to minimize light and glare low profile, low-intensity lighting directed downward shall be used for the parking lot area and all security lighting including that in the rear of the building;(Building) 61. that shielded fixtures shall be used on all exterior fixtures except lights to illuminate signs at the project site to minimize glare produced by lighting on-site; (Building) 62. that all lighting associated with the project shall comply with by the City’s Illumination Ordinance;(Planning, Building) 63. that all signs shall have indirect illumination with shielded focused fixtures or be back lit or ground lit to avoid flooding adjacent walls with light; (Planning, Building) Waste Handling and Treatment 64. that cat feces and urine, including cat litter, shall be bagged daily into heavy duty industrial plastic bags, sealed tight with duct tape, and placed in United Nations (UN) and Title 49 Code of Federal Regulations (CFR) approved sealed-tight steel drums up to 55 gallons with removable lids and locking ring located in an enclosed are within the building or parking structure of the Center. The drums shall be picked up weekly by a qualified contractor and disposed of at a landfill that accepts cat litter and diatomaceous earth;(Public Works) 65. that waste from dogs shall be disposed into the sanitary sewer. Each individual kennel and room shall have drains that feed into the sanitary sewer. A manual grate shall be placed over each drain to allow PHS/SPCA staff to dispose of feces directly into the sewer line. The grate shall be closed at all times, except during cleaning. The disposal drain shall have an automatic flushing system, with a flush valve. Kennel floors shall be washed frequently and appropriately disinfected daily; (Public Works, Wastewater Treatment Plant) 66. that dog feces produced in the Indoor Dog Exercise area shall be collected in the kennel drain system into the sanitary sewer;(Public Works, Wastewater Treatment Plant) 67. that animal waste from the wildlife housed in small enclosures shall be disposed of into drains that discharge into the sanitary sewer;(Building, Public Works) City of Burlingame Planning Commission Approved Minutes May 14, 2007 16 68. that the animal waste from the native wildlife enclosed in the stationary aviaries and duck/diving pools shall be hosed down into sewage drains, which connect to the sanitary sewer. The outdoor wildlife areas shall be hosed with water and appropriately disinfected daily;(Public Works) Odor 69. that an odor management plan shall be developed and approved by the City of Burlingame. The odor management plan shall include: a. Outdoor areas shall be cleaned frequently; b. Waste shall be stored properly and collected for disposal frequently; c. Odor neutralizers shall be used; d. A wind sock shall be used to determine in what direction the odors would drift and trash containers shall be placed in order to minimize drift created by prevailing winds; e. Trash receptacles shall not be left in sunlight; and f. Trash receptacles shall have high surrounding fences and overhang.(Public Works, Wastewater Treatment Plant) Noise 70. that dogs shall be housed in kennels that are designed to minimize the view of other dogs to eliminate or reduce barking. Dogs shall only share a kennel with dogs that have been specifically matched for compatibility as approved by the licensed veterinarian on-site; (Planning) 71. that the acoustics of the facility shall be constructed and designed with specific materials and elements as approved by a noise consultant to attenuate noise, including barking. This includes, but is not limited to the following: a. Minimum sound isolation properties of the classroom exterior windows shall be STC 24; b. Acoustical tile shall be used for the ceiling above the dog kennels; c. The windows and ceiling pads in the lobby area shall have a minimum STC 24 isolation rating, with a single layer of 5/8 gypsum for the ceiling and a single pane of 1/8-inch glass for the window; and d. The minimum reduction from any component of the exterior wall of the building shall be STC 24 for the windows, assuming a single pane of 1/8-inch glass.(Planning) 72. that prior to acceptance at the Center, dogs shall be screened by professional animal behaviorists for serious behavioral problems (e.g., constant barking, aggression, food guarding, etc.). A dog diagnosed with behavioral problems shall not be transferred to the Center unless that behavior is treated and determined to be resolved by a licensed veterinarian prior to transfer;(Planning) Parking/Circulation/Traffic 73. that the applicant shall notify vendors using the site that deliveries made by vehicles greater than 22 feet must use the joint access easement. Vehicles less than 22 feet would be allowed to use the parking area. To the extent possible, the applicant shall work with vendors to schedule deliveries during non-peak traffic times;(Planning) 74. that the project applicant shall design a marked loading zone on-site;(Planning, Public Works) City of Burlingame Planning Commission Approved Minutes May 14, 2007 17 75. that the project applicant shall prepare and implement a dust control plan that is compliant with City requirements. This plan shall be submitted to the City of Burlingame Public Works Department, which shall be responsible for field verification of the plan during construction. The dust control plan shall include the basic, enhanced, and optional dust control measures recommended by the Bay Area Air Quality Management District (BAAQMD), including the measures listed below. Basic Control Measures (for all construction sites) a. Water all active construction areas at least twice daily. b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. c. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites. d. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at construction sites. e. Sweep streets daily (with water sweepers) or more frequently as required by the City if visible soil material is carried onto adjacent public streets. Enhanced Control Measures (for individual or combined construction sites of larger than four acres) a. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). b. Enclose, cover, water twice daily, or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.). c. Limit traffic speeds on unpaved areas to 15 miles per hour (mph). d. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. e. Replant vegetation in disturbed areas as quickly as possible. Optional Measures (based on requirements by the City) a. Install wheel washers for all existing, or wash off the tires or tracks of all trucks and equipment leaving the site. b. Suspend excavation and grading activity when sustained winds exceed 25 mph. c. Limit the area subject to excavation, grading, and other construction activity at any one time.(Public Works) Cultural 76. that if any prehistoric or historic archeological relics are discovered during construction activities, all work shall be halted until the finding can be fully investigated and proper protection measures, as determined by a qualified expert, can be implemented; (Planning) 77. that if previous unknown human remains are encountered during construction, an appropriate representative of Native American groups and the County Coroner shall be informed and consulted, as required by State law; (Planning) 78. that any new structures shall be constructed and installed according to the standards of the Burlingame Public Works Department and California Building Code Editions in effect at the time a building permit is issued;(Building, Public Works) Construction City of Burlingame Planning Commission Approved Minutes May 14, 2007 18 79. that a design-level final geotechnical report shall be required for the project. This report shall include specific recommendations to minimize post construction settlements. The design-level geotechnical investigation shall be reviewed by the Burlingame Department of Public Works for compliance with existing building codes and ordinances. The City field inspectors shall inspect construction for implementation of the recommend site preparation activities;(Building, Public Works) 80. that all storm water discharge shall adhere to State and Federal requirements. All storm drainage that discharges into public water shall be required to meet water quality standards outlined in the NPDES permit requirements;(Public Works) 81. that best Management Practices (BMPs) shall be developed for the site and approved by the City;(Public Works) 82. that hazardous materials or wastes found or generated at the project site shall be transported and handled in accordance with applicable disposal regulations;(Building, Fire) 83. that any hazardous waste generated at the project site shall be removed by a licensed hazardous waste hauler for approved disposal off-site;(Building, Fire) 84. that the BAAQMD shall issue a permit and be notified 10 days in advance of any proposed demolition or abatement work on-site;(Building) 85. that the local office of Occupational Safety and Health Administration (OSHA) shall be notified in writing of any asbestos abatement to be carried out as a part of demolition;(Building, Fire) 86. that a Storm Water Pollution Prevention Programs (SWPPP) shall be developed and approved by the City. The SWPPP shall identify BMPs that will minimize sedimentation and contamination of storm water runoff generated during construction;(Public Works) 87. that the modifications to the existing buildings on-site, as well as new construction, shall comply with the requirements in Chapter 18.22 Flood Damage Prevention of the Burlingame Municipal Code;(Public Works) 88. that an acoustical engineer, familiar with aviation noise, shall prepare an acoustical study in accordance with Title 24. The study shall determine if construction design of the project site would comply with the Uniform Building Code Title 24, Appendix 36, Sound Transmission Controls and FAR Part 150, Appendix A, table 1 criteria, in order to achieve an indoor noise level of 45 dB or less for noise episodes associated with aircrafts; (Building,) 89. that the project shall incorporate appropriate design measures (interior sounds insulation) to reduce aviation noise if the acoustical study (prepared as part of mitigation measure Noise 1) determines that the design of the project would not achieve an indoor noise level of 45 dB;(Planning, Building) 90. that the waste containers shall be in compliance with requirements found in the California Code of Regulations, Title 14, Chapter 3 Minimum Standards for Solid Waste Handling and Disposal, Article 5 Solid Waste Storage and Removal Standards. The containers shall be replaced as needed to ensure compliance with this regulation; (Planning) City of Burlingame Planning Commission Approved Minutes May 14, 2007 19 91. that the applicant shall obtain a sanitary sewer discharge permit from the City’s Office of Environmental Compliance. The design of this project’s system shall be approved by the City’s Office of Environmental Compliance through the permitting process;(Public Works, Wastewater Treatment Plant) 92. that no cat litter or diatomaceous earth shall be disposed of into drains that feed into the sanitary sewer system. Such litter will be disposed of into 55-gallon steel drums;(Public Works, Wastewater Treatment Plant) 93. that the waste containers shall be in compliance with the following requirements found in the California Code of Regulations Title 14 Chapter 3: Minimum Standards for Solid Waste Handling and Disposal Article 5; and Solid Waste Storage and Removal Standards, particularly Section 17315, Garbage Containers.(Public Works, Wastewater Treatment Plant) The motion was seconded by C. Terrones. Comment on the motion to approve the conditional use permit for an animal rescue/shelter use in the Rollins Road zoning area: does the motion include all the conditions and all the amendments discussed? Maker and second agreed that the motion included all the conditions in the staff report and the amendments discussed through the public hearing and commission comments. Generally agree with 95% of what was said, but would like to see a better location and a bigger site; all concerned about Rollins Road and the speed of traffic. Chair Brownrigg called for a roll call vote on the motion to approve the conditional use permit for an animal shelter and rescue center at 1450 Rollins Road/20 Edwards Court with the conditions in the staff report as amended and with the conditions which compose the mitigation monitoring plan as outlined in the Final EIR for the project which was determined to be adequate and certified by the Planning Commission as required by CEQA. C. Vistica made a motion to find that the proposed design and project and the previous motions on the project take into consideration the information, conclusions, and mitigations included in the Final EIR and that the actions are consistent with the disclosures and mitigations in the Final EIR as well as the project being consistent with the design guidelines for the Rollins Road area set out in the North Burlingame/Rollins Road Specific Plan, noting that the fencing shown along the Rollins Road frontage meets the open design intent and that the fencing and walls provide sufficient articulation to be consistent with the design guidelines for the area. The motion was seconded by C. Deal. Commission comment on the design review motion: thank the architect for making the revisions which the Commission identified earlier in the review process, the model provided was very helpful in understanding how the design would function; maker and second to the motion agreed to amend the motion to add that in considering this motion and the previous three motions addressing the project that the information, conclusions and mitigations in the Final EIR were considered and the actions are consistent with the disclosures and information in the Final EIR. Chair Brownrigg called for a roll call vote on the motion to the determination that the proposed project is consistent with the intent of the Rollins Road design guidelines of the North Burlingame/Rollins Road Specific Plan. The motion passed on a 5-2 (Cers. Auran and Osterling dissenting) roll call vote. Appeal procedures were advised. This item concluded at 11:25 p.m. City of Burlingame Planning Commission Approved Minutes May 14, 2007 20 . IX DESIGN REVIEW STUDY ITEMS There were no design review study items for discussion. X. COMMISSIONERS’ REPORTS There were no Commissioner's Reports for review. XI. ROTATION OF OFFICERS XII. PLANNER REPORTS - City Council regular meeting of May 7, 2007 CP Monroe noted that the City Council reappointed Commissioners Brownrigg and Deal, each for another four year term on the Commission. The City Council also adopted a new procedure for interviewing and selecting commissioners. - FYI: Update to a previously approved design review project at 2212 Hillside Drive. Commissioner asked that this item be placed on the action calendar when the submitted plans include the divided light grid pattern on all of the windows through out the house and all of the conditions added by the City Council are shown on the plans. - Confirm Rotation of Commission Officers. The rules of procedure of the Planning Commission require that the officers of the Commission rotate annually at the first regular Commission meeting in May. Commission confirmed the rotation of officers with C. Deal becoming Chair; C. Cauchi becoming Vice-Chair; and C. Terrones becoming Secretary. Out going Chair Brownrigg thanked the Commissioners for a great year, he noted that they did not always agree, but that was the way it should be. He then passed the gavel to Chair Deal. XI. ADJOURNMENT Chair Deal adjourned the meeting at 11:35 p.m. Respectfully submitted, Richard Terrones, Secretary V:\MINUTES\unapproved 05.14.07.doc