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HomeMy WebLinkAbout1625 Adrian Road - Staff Report (2)MID PACIFIC ENGINEERING, INC. Statement of Qualifications CHW Radiation & Oncology Facility, Sacramento This historic building was originally a cannery built back in the � �93o's and has gone through several renovations as office space and is now being converted to a state of the art radiation and oncology facility. The central feature of the project is the Vault r--� which is an extremely heavy concrete box structure having walls — four to six feet thick and up to i8 feet tall. The existing soft soils �, � underlying the site required an ' ,,,, i^, � innovative approach for foundation �''�<; �� `' support. Drilled displacement '' w, "`� ;: columns were used to improve '�t� bearing capacity of the soils, control ' +��' ,}� � settlement and allow the use of a conventional mat slab for structural , j 1 ?' �� {�� support. MPE is providing a full scope of geotechnical engineering and j, # „ special inspections for the entire project. New Brighton, Sacramento The New Brighton project encompasses approximately 4,00o acres of previously mined property. The project will reclaim these areas, and develop single- and multi- family residential, schools, commercial and retail properties. MPE is providing Geotechnical Engineering services to Teichert, updating older reports for the project. City of Burlingame Item # Mitigated Negative Declaration, Creek Enclosure Permit and Amendment to Conditional Action Item Use Permit forAutomobile Storage in the Drainage Right-of-Way Address: 1616 Rollins Road and 1625 Adrian Road Meeting Date: 05/11/09 Request: Mitigated Negative Declaration, Creek Enclosure Permit and Amendment to Conditional Use Permit for automobile storage in the drainage right-of way in the RR Zoning District. Applicant: Geoff Burns APN: 025-262-510 (1616 Rollins Road) Property Owners: Sanjaylyn Company and William D. Spencer 025-262-330 (1625 Adrian Road) Engineer: Lea & Braze Engineering, Inc. Lot Area: 4.03 acres (1616 Rollins Road) Zoning: RR 2.53 acres (1625 Adrian Road) General Plan: Industrial — Office Uses North Burlingame/Rollins Road Specific Plan: Industrial and Office Space — Central Rollins Road Sub Area (1616 Rollins Road) Industrial and Office Space — Adrian Auto Row District (1625 Adrian Road) CEQA Status: Refer to attached Mitigated Negative Declaration No. ND-550P. Previous Use: Long term overflow parking for rental fleet vehicles. Proposed Use: Overflow parking for BMW Service Center and Cammisa Motorcar Hyundai Allowable Use: RR zoning requires a Conditional Use Permit for storage for operable vehicles including automobiles and trucks subject to performance criteria (C.S. 25.44.060 b, 2). Site History: On July 8, 2002, the Planning Commission approved an application for a Mitigated Negative Declaration and Conditional Use Permit Amendment to allow long term hotel/motel parking for up to 185 vehicles on the drainage easement at the rear of 1616 Rollins Road, in addition to the existing 117 employee and ambulance parking spaces on the drainage easement for American Medical Response, an ambulance service. The site was graded, paved and striped for 185 parking spaces from the previous application. On July 23, 2007, the Planning Commission approved an application for Conditional Use Permit for parking in the drainage right-of-way for long term overflow parking of rental fleet vehicles for Enterprise Rent-a-Car. At that time, Enterprise replaced the hotel/motel parking and American Medical Response continued to use the remaining portion of the drainage easement for parking. Enterprise Rent-a-Car and American Medical Response no longer use the drainage right-of-way to store their vehicles. The Peter Pan BMW Service Facility and Cammisa Motorcar Hyundai are now proposing to use the drainage right-of-way to store their vehicles. Study Meeting: At the Planning Commission study meeting on April 13, 2009, the Commission had several comments and questions regarding this project (April 13, 2009 Planning Commission Minutes). The applicant submitted a response letter dated April 24, 2009. Listed below are the Commissions' comments and responses by the applicant. 1. Cammisa Hyundai is parking af the sife now; clarify if these are the trade-in vehicles and in running order; there is a/so a boat trailer on the property. • The representative for Cammisa Hyundai notes that with the exception of the Cammisa van and a Toyota pick-up, which are used for utility purposes, the used cars at the site are all trade-ins and are rotated regularly. All vehicles are in running condition. The owner of the boat trailer is unknown and the property owner is working on getting it towed away. Mitigated Negafive Declaration, Creek Enclosure Permit and Amendment 1616 Rollins Road and 1625 Adrian Road to Conditional Use Permit forAufo Storage in Drainage Right-of-Way 2. Regarding fhe one-way ramps for the red-legged frog; consider a condition fhat requires fhe exits to be cleaned-out periodically. • A condition of approval has been added requiring the entrance to the ramps and ramps at the K-rails on the parking lot side be checked and cleaned once a month. In his letter dated April 24, 2009, the applicant notes that he has no objection to adding this condition of approval. 3. The report indicafes that wifh respecf to habifat enhancement, the applicant may eifher do planfing or pay an in-lieu fee, what would be the amount of the in-lieu fee? Whaf will fhe applicant do for habitat enhancement? In an email dated May 5, 2009, Patrick Kobernus of Coast Range Ecology, who prepared the Biological Resource Assessment, notes the following with respect to the in-lieu fee: "When I put the JARPA (Joint Aquatic Resource Permit Application) together, the communications I received from CDFG (California Department of Fish and Game) and the Corps were somewhat unclear as to what they wanted as mitigation (the Corps said they wanted mitigation on site and could not accept an in-lieu fee due to the lack of an approved regional mitigation bank for our area that could accept the funds), while DFG said they were not sure if the site was worth protecting due to the industrial area surrounding the site, and would prefer an in- lieu fee. In response to this, I wrote up in the JARPA that the project would either a) mitigate on site or b) provide a compensatory in lieu fee. As it stands, the project has built in mitigation at a 5:1 ratio (2000 square feet of riparian/upland habitatfor400 square feet of permanentwetland impacts), so ifthe agencies accept this, there would be no in-lieu fee. If the DFG and/or USFWS decided they would rather have an in lieu fee instead of mitigating on site, then it would be up to their determination what the fee would be, and they would have to get concurrence with the Corps. In summary, at this point the on site mitigation appears to be satisfactory as compensation for the wetland impacts, and we have not heard differently from the agencies." Planning Staff would note that the determination for habitat enhancement would come from the California Department of Fish and Game (CDFG). Since the CDFG and U.S. Army Corps of Engineers require that the CEQA document for the project be completed and approved before they will begin permit processing, it is unknown at this time whether the CDFG will accept the on-site mitigation or require the in-lieu fee, so the amount of any potential fee is not known at this time. In his letter dated April 24, 2009, the applicant notes the riparian floodplain restoration includes the following: "The project will restore riparian floodplain vegetation (at a 5:1 mitigation ratio) to a 0.05 acre (2000 square feet) area adjacent to the drainage channel. This strip of land extends approximately 8-10 feet wide along the width (265 feet) of the property. Revegetation of the ruderal area on site would commence immediately after culvert construction is completed. Invasive species would be removed from the ruderal area on site, and native riparian floodplain species would be planted, consisting of native grasses such as blue wild rye (Elymus glaucus) and California oat grass (Danthonia californica), and native shrubs such as arroyo willow (Salix lasiolepis), coyote brush (Baccharis pilularis), California coffeeberry (Rhamnus californica) and hairy gum plant (Grindelia hirsutula). The site will be managed for weeds and replacement planting will be conducted as necessary. Weeds would be suppressed for the first year through mowing, hand control and placement of mulch around the plantings, and the site would be irrigated with temporary drip irrigation for the first year. The site will be managed for 5 years, with annual monitoring reports submitted to ACOE, USFWS, SRWQCB, DFG and the City of Burlingame." 2 Mitigated Negative Declaration, Creek Enclosure Permit and Amendment 1616 Rollins Road and 1625 Adrian Road to Conditional Use Permit forAuto Storage in Drainage Righf-of-Way Summary: On October 27, 2008, the Planning Commission approved an application for Commercial Design Review and Variances for Build-to Line and Landscaping for an addition to an existing commercial building for an automotive service facility, Peter Pan BMW, at 1625 Adrian Road. A building permitwas issued and construction is underway. Peter Pan BMW would like to use a portion of the existing paved drainage right-of-way, located at 1616 Rollins Road (directly behind 1625 Adrian Road), for overflow parking of vehicles to be serviced as well as storage of new vehicles (approximately 217 spaces). Although 1625 Adrian Road is only a service facility and vehicles are sold from an existing sales facility in San Mateo, Peter Pan BMW would like to use the drainage right-of-way to store some new vehicles before they are taken to the sales facility in San Mateo. An existing drainage channel separates 1625 Adrian Road from the paved parking area in the drainage right-of-way at 1616 Rollins Road. In order to access this site from the parking area on Adrian Road, the applicant is proposing to construction a box culvert and road crossing. The remaining portion of the paved parking area at 1616 Rollins Road (approximately 95 spaces), is proposed to be used by Cammisa Motorcar Hyundai, located at 1020 Carolan Avenue. The use of the paved parking area by Cammisa is included as part of this application. Access to the Cammisa parking spaces would come from Rollins Road. The RR zoning district requires a Conditional Use Permit for storage for operable vehicles including automobiles and trucks within the drainage right-of-way provided the following requirements are met: a) vehicles must be in operable condition and must be managed at all times by a single, responsible person with access to the keys for all vehicles; b) vehicles shall be moved by appointment only and shall not be moved during a.m. and p.m. peak hour traffic periods as defined by the City Engineer; c) minimum site size of 0.7 acres; d) site has approved access to a public street; and e) no customers shall visit the site. Planning staff would note that the proposed use of the drainage right-of-way complies with all of the listed requirements. The applicant is requesting the following applications: • Mitigated Negative Declaration, a determination that with mitigation measures there are no significant environmental effects as a result of this project; • Creek Enclosure Permit in order to install a concrete box culvert and construct a road crossing across an existing drainage channel (CS 18.24.020); ■ Amendment to Conditional Use Permit for automobile storage in the drainage right-of-way (CS 25.44.060, b 2); and • Amendment to Conditional Use Permit for additional fencing in the drainage easement (CS 25.44.060, b, 5). Planning staff would note that because the project will include construction of a new concrete box culvert and road crossing in an existing drainage channel, the project requires a Streambed Alteration Permit from the California Department of Fish and Game and review by the U.S. Army Corps of Engineers as well as the San Francisco Bay Regional Water Quality Control Board. All of these approvals and permissions must be in hand before a building {�ermit or any other construction can commence. The applicant is currently working with these agencies. An Encroachment Permit must be obtained from the City of Burlingame Public Works Department, Engineering Division, for any development within the 140' drainage right-of-way. A building permit will be required from the City of Burlingame Community Development Department, Building Division, for construction of the concrete box culvert and road crossing. Sife Description: The site at 1616 Rollins Road is 4.03 acres in area and has a rectangular portion with a 120 foot frontage along Rollins Road. The remaining portion of the lot forms a'T' and spans 1,203 feet long by 140 feet wide at the rear running north to south behind 1576 to 1704 Rollins Road. This rear 'T' portion serves as an easement for PG&E towers and transmission lines and a paved drainage easement which has historically been used for vehicle parking. The site also contains a drainage ditch that runs the length of the lot, bordering the rear {�roperty line. Water flows north in the drainage ditch to EI Portal Creek which flows into San Francisco Bay. The 3 Mitigated Negative Declaration, Creek Enclosure Permit and Amendmenf 1616 Rollins Road and 1625 Adrian Road to Conditional Use Permit forAuto Storage in Drainage Right-of-Way site is flat and is approximately four feet above mean sea level, except for the drainage ditch which is lower, and varies in width from 10 to 20 feet. The surrounding land uses are industrial in nature and include warehouse, manufacturing and commercial recreation uses east of the project site and warehouse and manufacturing uses west of the project site. Creek Enclosure: The applicant, representing a recently approved automobile service faciliry project located on an adjacent property at 1625 Adrian Road (Peter Pan BMW), is requesting approval of a Creek Enclosure Permit in order to install a concrete box culvert and construct a road across an existing drainage channel, to connect the property at 1625 Adrian Road to additional parking in an existing paved drainage right-of-way located on separate property to the southwest at 1616 Rollins Road. The box culvert and road crossing would be located entirely on the property at 1616 Rollins Road. The road crossing would be 25 feet wide and would allow enough space for two- way vehicular traffic across the drainage channel. The applicant has acquired a 20 foot strip of land between the properties (previously owned by Southern Pacific Railroad), which would provide paved access to the road crossing from 1625 Adrian Road, and has processed a tentative and final map for lot merger to merge this 20-foot strip with the adjacent property at 1625 Adrian Road. Approximately 840 square feet (0.02 acres) of the drainage channel would be impacted by construction of the box culvert to provide a road crossing over the channel. The project involves construction of a 4 foot tall x 16 food wide x 32 foot long box culvert in an existing drainage channel. The box culvert would be constructed of concrete and contain precast wingwalls. A 6'-0" tall chain link fence would be installed along the edges of the road crossing. The existing flow line of the drainage channel is at elevation 4.00 above mean sea level (MSL) and top of bank is at elevation 7.00 MSL; the proposed paved road crossing is at elevation 8.30 at its lowest point and 8.70 at its highest point. Approximately 613 SF of new paving would be added to the site as a result of the box culvert and road crossing. Vehicle Sforage in Drainage Righf-of-Way: The applicant is also requesting a Conditional Use Permit Amendment for automobile storage in the drainage right-of-way at 1616 Rollins Road for overflow parking from the automotive service facility, as well as storage of new vehicles (approximately 217 spaces). Although 1625 Adrian Road is only a service facility and vehicles are sold from an existing sales facility in San Mateo, Peter Pan BMW would like to use the drainage right-of-way to store some new vehicles before they are taken to the sales facility in San Mateo. New vehicles may also be checked and tested at the service facility before being taken to the sales facility. Automobiles from the automotive service facility would have access to approximately 217 parking spaces in the existing parking area within the drainage right-of-way by using the road crossing over the drainage channel. The applicant notes that new vehicles to be stored at the site would be dropped off by a vehicle transporter. The site design at 1625 Adrian Road allows the transporter to off-load vehicles entirely on site. The vehicles would then be driven to the parking area at 1616 Rollins Road using the proposed road crossing. Currently, Peter Pan BMW gets approximately 30 new cars per week which equals about 4 or 5 transports. Assuming all deliveries come to the Adrian Road site (worst case) and are grouped together, there may be three deliveries in one day. The application for Conditional Use Permit Amendment also includes the use of the remaining parking spaces within the drainage channel (approximately 95 parking spaces) for overflow parking by a separate automobile dealership, Cammisa Motorcar Hyundai, located at 1020 Carolan Avenue. Access to the parking area within the drainage right-of-way for this auto dealership would be through an existing 20 foot wide easement and driveway off Rollins Road, located adjacent to the building at the front of the 1616 Rollins Road parcel. In a letter dated March 26, 2009, Mr. Rick Peterson of Cammisa Motorcar Hyundai, notes that the parking spaces would be used for overflow storage of new Hyundai vehicles. Trade-in vehicles would also be stored for a short time until they are wholesaled; used cars are kept at the sales facility on Carolan Avenue. Mr. Peterson notes that new vehicles will be driven to 1616 Rollins Road after their initial inspection, once or twice a week. Vehicles will not be moved during a.m. and p.m. peak hour traffic periods. Vehicles are brought back to the sales facility when inventory is low on the main lot, which varies and depends on the sales rate, but does not occur on a daily basis. Typically, vehicles are driven to the sales lot on Saturday morning and Sunday evening. Based on sales volumes, the applicant estimates an average of 5 to 10 trips to and from the site per week. Customers will not visit the site to view vehicies. L� Mitigated Negative Declaration, Creek Enclosure Permit and Amendment 1616 Rollins Road and 1625 Adrian Road to Conditional Use Permit forAuto Storage in Drainage Right-of-Way Based on the biological study prepared by Thomas Reid Associates for the initial project to pave the drainage right- of-way in 2002, K-rails with 13, one-way ramps attached to the K-rails were installed at the top of the drainage ditch along the edge of the parking area. The one-way ramps would allow escape routes into the drainage channel for red-legged frogs that have ventured out to the parking area. The proposed project would eliminate approximately 30 feet of K-rails for the roadway crossing into 1616 Rollins Road, which is an insignificant length compared to the overall length of the existing K-rails along the drainage channel. A new chain link fence would be installed to separate the two parking areas for Peter Pan BMW and Cammisa Motorcar Hyundai at 1616 Rollins Road. An application for Amendment to Conditional Use Permit is required for installation of the chain link fence in the drainage right-of-way to determine if the fence will have any impact on the flow within the drainage right-of-way. The Engineering Division had no comment since the proposed fence will be chain link and allowwaterto flowfreely through it. No other changes are proposed at 1616 Rollins Road. Traffic/Parking: Rollins Road parallels U.S. Highway 101 and is located approximately 800' west of U.S. 101. The project site can be accessed from Millbrae Avenue and Broadway along Rollins Road. Rollins Road is a four-lane arterial street with primarily industrial uses. It begins at Millbrae Avenue in Millbrae in the north, and continues through Burlingame to the southern border of the Burlingame with the City of San Mateo. Both Millbrae Avenue and Broadway provide access to U.S. 101. The average daily traffic volume along Rollins Road is approximately 14,000 to 15,000 vehicles. This project involves the culverting of a 32' portion of an existing drainage channel to provide a road crossing. The most recent uses in the drainage right-of-way on this site included overflow parking for an automobile rental company and parking for an ambulance company. These businesses no longer use the site to store vehicles. The automobile rental business averaged approximately 35 trips per day. The additional number of trips added by the ambulance company is unknown. The proposed uses on the site include overflow parking for an automotive service center (approximately 217 parking spaces) located at 1625 Adrian Road and overflow parking for an automobile dealer (approximately 95 spaces) located at 1020 Carolan Avenue. The proposed box culvert and road crossing would provide vehicle access to the existing parking area on this site from 1625 Adrian Road. With the installation of the road crossing, vehicles from the automotive service facility at 1625 Adrian Road would not need to be driven on the surrounding streets, and therefore will not be adding trips to and from the site. The remainder of the site would be used by the automobile dealership, which anticipates approximately 5 to 10 trips perweek. With the proposed uses there will be a decrease in the number of vehicle trips to and from the site as compared to existing conditions, and therefore will not have an impact on transportation and circulation in the area. Landscaping: The acquisition of the 20 foot wide strip of land behind 1625 Adrian Road would allow the applicant to add a paved access to the road crossing and to add six parking spaces in the south corner of the lot at 1625 Adrian Road. These site alterations would impact 700 square feet (0.016 acres) of ruderal upland vegetation. Although no special status species were observed on site, areas within the drainage channel nearthe property have been found to provide potential habitat for the federally threatened California red-legged frog, state and federally endangered San Francisco garter snake, and the saltmarsh common yellowthroat, a California species of special concern. The project would enhance the remaining 0.18 acres of ruderal upland habitat on the site by restoring it to a native riparian floodplain plant community orthe applicant can contribute an in lieu fee for habitat restoration that assists in the recovery of the California red-legged frog and/or San Francisco garter snake that is commensurate with the impacts of this project (i.e. 0.009 acres of freshwater emergent wetland). The project would also install a stormwater treatment system to remove pollutants from runoff before entering the channel. Planning staff would note that with the approval of the BMW service facility at 1625 Adrian Road, a Variance for total site landscaping was granted (7.4% total site landscaping provided where 10% is required). The addition of six parking spaces and paved access to the road crossing was previously landscape area and would reduce the total on-site landscaping amount. However, with the acquisition of the 20 foot wide strip of land and the proposed landscaping within this area, the total on-site landscaping on the now larger site increases to 10.1 % where a minimum 10% is required. Therefore, the proposed alterations increase the amount of on-site landscaping so that is in compliance with landscaping requirements. 5 Mitigated Negative Declaration, Creek Enclosure Permit and Amendment 1616 Rollins Road and 1625 Adrian Road to Conditional Use Permit forAuto Storage in Drainage Right-of-Way Environmental Review: Since the project includes construction of a box culvert in an existing drainage channel, the project is subject to the requirements of the California Environmental Quality Act. Planning staff prepared an initial study for this project for review by the Planning Commission. The initial study identifies potential impacts in the area of biological resources, geology and soils and hydrology and water quality. Based upon the mitigation measures identified in the initial study, it has been determined that the proposed project can be covered by a Mitigated Negative Declaration since the initial study did not identify any adverse impacts which could not be reduced to acceptable levels by mitigation (please refer to the attached Mitigated Negative Declaration No. 550P). Below is a summary of the issues discussed in the initial study. Since there is a state agency involved in the review, the Mitigated Negative Declaration was circulated for 30 days for public review. The 30-day review period ended on April 27, 2009. During the review period there were no comments submitted by any agencies. The purpose of the present review is to hold a public hearing and evaluate that this conclusion, based on the Initial Study, facts in the Mitigated Negative Declaration, public comments and testimony received at the hearing, and Planning Commission observation and experience, are consistent with the finding of no significant environmental impact. The mitigation measures in the Initial Study have been incorporated into the recommended conditions of approval (see conditions in italics). Biological Resources Summary (Potenfiallysignificant unless mitigafion incorporated): The applicant, representing a recently approved automobile service facility project located at 1625 Adrian Road, is requesting approval of a Creek Enclosure Permit in order to install a concrete box culvert and construct a road crossing across an existing drainage channel. The applicant has acquired a 20 foot strip of land along the rear of 1625 Adrian Road between the properties, which consists of ruderal (weedy) nonnative vegetation. A portion of this area would be paved to provide access to the road crossing over the drainage channel from 1625 Adrian Road. The existing drainage channel is located entirely on the property at 1616 Rollins Road. Approximately 840 square feet (0.02 acres) of the drainage channel would be impacted by construction of the box culvert to provide a road crossing over the channel. The acquisition of the 20 foot wide strip of land behind 1625 Adrian Road has allowed the applicant to add a paved access to the road crossing and to six parking spaces in the south corner of the lot at 1625 Adrian Road. These site alterations would impact 700 square feet (0.016 acres) of ruderal upland vegetation. Although no special status species were observed on site, areas within the drainage channel near the property have been found to provide potential habitat for the federally threatened California red-legged frog, state and federally endangered San Francisco garter snake, and the saltmarsh common yellowthroat, a California species of special concern. The project would enhance the remaining 0.18 acres of ruderal upland habitat on the site by restoring it to a native riparian fioodplain plant community or the applicant can contribute an in lieu fee for habitat restoration that assists in the recovery of the California red-legged frog and/or San Francisco garter snake that is commensurate with the impacts of this project (i.e. 0.009 acres of freshwater emergent wetland). The project would also install a stormwater treatment system to remove pollutants from runoff before entering the channel. The property at 1625 Adrian Road is located in a highly urbanized setting, and vegetation on the property is primarily restricted to small isolated strips of ornamental vegetation, surrounded by pavement and structures. On the rear portion of the property there is a narrow strip of ruderal (weedy) vegetation that is 0.2 acres in size. Ruderal vegetation on the site consists of invasive species such as pampas grass (Cortaderia jubata), Himalaya blackberry (Rubus discolor), iceplant (Carpobrotus edulis), and a variety of nonnative herbaceous and grass plant species. Only one native plant species -- one coyote brush shrub (Baccharis pilularis) --was observed on the property. Along the southwest boundary of the property at 1616 Rollins Road, there is a shallow, unnamed perennial drainage that is dominated by narrow leaf cattail (Typha augustifolia). This drainage extends for approximately 260 feet along the boundary of the property. A small grove of ornamental trees (five Eucalyptus (Eucalyptus globulus) and one (1) pine (Pinus sp.)), are located on an adjacent property to the north. The property was surveyed for biological resources on November 21, 2008. The California Department of Fish and Game (CDFG) Natural Diversity Database (CNDDB) was consulted for known occurrences of sensitive � Mitigafed Negative Declaration, Creek Enclosure Permit and Amendment 1616 Rollins Road and 1625 Adrian Road to Conditional Use Permit forAuto Storage in Drainage Right-of-Way plant, animal, and natural plant communities of concern on the San Mateo and eight surrounding 7.5' USGS topographic quadrangles (CNDDB, 2008). No special status species were observed at 1625 Adrian Road, however the drainage channel and associated vegetation located off the southwest boundary of the property provides potential habitat for the federally threatened California red-legged frog (Rana aurora draytonii), state and federally endangered San Francisco garter snake (Thamnophis sirtalis tetrataenia) and the saltmarsh common yellowthroat (Geothlypis trichas sinuosa), a California species of special concern. No disturbance or impacts to migratory or movement corridors for wildlife or fish will occur from this project. There is no Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan in effect for the project area and therefore no conflict with such a plan is anticipated. On July 8, 2002, the Ciry of Burlingame Planning Commission approved an application for a Mitigated Negative Declaration and Conditional Use Permit Amendment to allow for long term hotel/motel parking on a drainage easement at 1616 Rollins Road, which included paving the drainage right-of-way. Based on the biological study prepared by Thomas Reid Associates for that project, K-rails with 13, one-way ramps attached to the K-rails were installed at the top of the drainage ditch along the edge of the parking area. The one-way ramps would allow escape routes into the drainage channel for red-legged frogs that have ventured out to the parking area. The proposed project would eliminate approximately 30 feet of K-rails for the roadway crossing into 1616 Rollins Road, which is an insignificant length compared to the overall length of the existing K-rails along the drainage channel. As noted above, the California red-legged frog, San Francisco garter snake, and the saltmarsh common yellowthroat may be present within the drainage channel. Ornamental shrubs and ruderal vegetation provides potential nesting habitat for songbirds. These species could be potentially impacted through the construction of a road crossing and culvert in the drainage channel. Regulated waters are presentwithin the drainage channel that borders the southwestern boundary of the property. To avoid impacts to the California red-legged frog, San Francisco garter snake, and the saltmarsh common yellowthroat and regulated waters within the drainage channel it is recommended that the following mitigation measures be required: • Staging areas and access routes to the work area shall be delineated and inspected by the project biologist prior to establishment to avoid unnecessary impacts to California red-legged frogs, San Francisco garter snakes and their habitat. ■ Exclusion fencing shall be erected around the project boundary prior to the onset of project activities. Fencing will be a minimum of 3 feet in height and buried in the soil to inhibit California red-legged frogs and San Francisco garter snakes from entering the project area; once the exclusion fence is installed, a pre- construction survey will be conducted to ensure that no San Francisco garter snakes or California red- legged frogs are present in the restoration area. A US Fish and W ildlife Service-approved biologist shall be onsite during ground-disturbing activities and will have the authority to halt any action that might result in impacts to California red-legged frogs or San Francisco garter snakes. The Service-approved biologist will survey the work site prior to the start of the day's activities. If California red-legged frogs are found, the approved biologist will ensure that the individual(s) is moved safely away from the work site before work activities begin. If San Francisco garter snake(s) are found, DFG will be notified for guidance and the animal will be allowed to disperse away from the project area. Only Service-approved biologists may participate in activities associated with the capture, handling, and monitoring of California red-legged frogs and San Francisco garter snakes. ■ Before any construction activities begin, worker education and awareness training shall be conducted for all construction crews and contractors that access the site for any period of time. The education training will be conducted prior to starting work on the project and upon the arrival of any new worker. The training will include a brief review of the California red-legged frog and the San Francisco garter snake life history, field 7 Mitigated Negative Dec/aration, Creek Enclosure Permit and Amendment 1616 Rollins Road and 1625 Adrian Road �o Conditional Use Permit forAuto Storage in Drainage Right-of-Way identification, habitat requirements, location of sensitive areas, possible fines for violations, avoidance measures, and correction actions if sensitive species are encountered. The program will coverthe mitigation measures, environmental permits and regulatory compliance requirements as applicable. In addition, a record of all personnel trained during the project will be maintained for compliance verification. ■ During project activities, all trash that may attract predators shall be properly contained, removed from the work site and disposed of regularly. Following construction, all trash and construction debris will be removed from work areas. • All practicable erosion control Best Management Practices (BMPs) shall be implemented to minimize the potential of impacts to water quality. ■ No smoking except in vehicles shall be permitted within vegetated areas. ■ Trash dumping, firearms, open fires, hunting, and pets shall be prohibited. • To mitigate impacts to the wetland habitat for CRF and SFGS, the project shall a) remove invasive plant species from the 0.2 acre ruderal area and replant with native riparian floodplain plant species orcontribute an in lieu fee for habitat restoration that assists in the recovery of the California red-legged frog and/or San Francisco garter snake that is commensurate with the impacts of this project (i.e. 0.009 acres of freshwater emergent wetland); b) install a drainage collection system on site to treat stormwater pollutants that currently drain untreated from the parking areas and into the drainage. ■ To avoid impacts to nesting birds within the project area, including the saltmarsh common yellowthroat, preconstruction surveys for nesting birds shall be conducted prior to construction between: February 15 and August 31. If active nests are found, and project activities could potentially impact nesting success, the US Fish and Wildlife Service Migratory Bird Treaty Office and the Department of Fish and Game shall be consulted for guidance and all necessary permits would be obtained. 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. ■ Maintenance of construction equipment within 100 feet of the drainage location shall be prohibited. ■ Areas of bare soil shall be reseeded, planted, or otherwise stabilized with erosion control as soon as possible after work has ceased and prior to the onset of the rainy season (October 31). ■ Storage of any hazardous materials shall be prohibited within 100 feet of wetlands or other waters. ■ No invasive nonnative plants, as listed by the California lnvasive Plant Council on-line database (Cal-IPC 2008), should be planted on the property at 1625 Adrian Road or within the adjacent drainage channel. Geologic Summary (Potentiallysignificant unless mitigafion incorporated): The site at 1616 Rollins Road is flat and located in an urban setting which has been developed with industrial and office uses for about fifty years. The site is located in an area mapped as Holocene-age artificial fill. The artificial fill is between 150 feet deep beneath the bay to less than 1 foot thick around the margins of the bay. It is characterized as having very low shear strength and potential to liquefy where shallow sand beds exist. The soil has low permeability, and therefore poor drainage, and provides poor foundation conditions and earthquake stability. The water table is high due to the proximiry to the Bay as well as the low elevation. Since the project consists of installing a `� Mitigated Negative Declaration, Creek Enclosure Permit and Amendment 1616 Rollins Road and 1625 Adrian Road fo Conditional Use Permit forAufo Storage in Drainage Right-of-Way concrete box culvert and road crossing between two existing paved and developed sites and does not involve construction of significant structures or buildings, the soil conditions are not considered a significant issue. The site currently has 2.66 acres (115,870 SF) of the total 4.03 acres paved, with the remaining portion of the lot consisting of a drainage ditch and an existing building at the front portion of the lot. The proposal includes installing a concrete box culvert in an existing drainage channel, measuring 4 feet tall x 16 feet wide x 32 feet long. A concrete road crossing would be constructed above the box culvert to provide vehicle access from 1625 Adrian Road to the existing paved parking area in a drainage right-of-way at 1616 Rollins Road. The project would not increase erosion, but the area of impermeable surface will increase by approximately 613 SF. There are no changes proposed to the flood easement area (drainage right-of-way), and therefore will remain at a low enough elevation (4' mean sea level) to continue to function as an overflow containment area. There are several existing storm water inlets installed within the easement area, each equipped with a sand/oil separator. All runoff from the surface and Rollins Road is collected in an underground storm sewer system which drains into the drainage channel and flow north toward the City's pump station. No unstable earth conditions or changes in geologic substructures will occur as a result of the proposed box culvert and road crossing. No structures will be added by the project which would expose people to greater risks from geologic hazards such as earthquakes or ground failure. The new box culvert and road crossing will be required to be installed to the standards of the City of Burlingame Public Works Department and California Building Code Editions in effect at the time. Potentially significant seismic and soils impacts would be mitigated to less than significant levels through implementation of the following mitigation measures: • A design-level geotechnical report shall be required for the project. 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; ■ The project design shall meet all the requirements of the California Building and Fire Code, 2007 edition, as amended by the City of Burlingame. The grading plan shall be prepared by a licensed Engineer and approved by the City Engineer before a grading permit is issued. All applicable requirements of National Pollutant Discharge Elimination System (NPDES) shall be adhered to in the design and during construction, including the following listed below. • The applicant shall submit a grading plan and erosion control plan for review and approval by the City Engineer. ■ The applicant shall submit an erosion and sedimentation control plan describing Best Management Practices (BMP's) 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. • Off-site runoff shall be diverted around the construction site and all on-site runoff shall be diverted around exposed construction areas. ■ 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. 0 Mitigated Negative Declaration, Creek Enclosure Permit and Amendment 1616 Rollins Road and 1625 Adrian Road to Conditional Use Permit forAuto Storage in Drainage Right-of-Way ■ The erosion and sedimentation control plans should include notes, specifications, and/or attachments describing the construction operation and maintenance of erosion and sediment control measures, including inspection frequency; methods and schedule for grading, excavation, filling clearing of vegetative cover and mulch, including methods and schedules for planting and fertilization; and provisions for temporary and permanent irrigation. Hydrology and Water Summary (Potentiallysignificant unless mitigation incorporated): The existing flow line of the drainage channel is at elevation 4.00 above mean sea level (MSL) and top of bank is at elevation 7.00 MSL; the proposed paved road crossing is at elevation 8.30 at its lowest point and 8.70 at its highest point. Approximately 613 SF of new paving would be added to the site as a result of the box culvert and road crossing. All runoff from the road crossing would be collected in an existing underground storm collection system which drains into the drainage channel and flows north toward the City's pump station. The existing storm water collection would have adequate capacity for the added runoff from 613 SF road crossing. This added impervious surface will cause a slight increase in storm water runoff, but is considered less than significant given the size of the lot. The Public Works Department, Engineering Division, has reviewed the application for the impact of the enclosure on flow capacity of the drainage ditch, methods of keeping the structure clear of debris, the economic life and ease of repair of the enclosure, and the length of the culvert. The City Engineer has reviewed the proposed plans and application materials for the design of the box culvert and has determined that with the following mitigations the project will not impact the flow within the drainage ditch. Potentially significant water quality impacts would be mitigated to less than significant levels through implementation of the following mitigation measures: ■ All applicable requirements of NPDES for runoff and drainage will be adhered to in the design and during construction. • The applicant shall implement spill prevention measures to control the storage and handling of any hazardous materials, including concrete, at the construction site. ■ At no times shall hazardous materials be released and discharged into the drainage channel. • Any accidental spill or hazardous substances shall be reported to the City of Burlingame, the San Mateo County Environmental Health Department, and the California Department of Fish and Game within 24 hours of the release or spill. The applicant shall implement a corrective action plan to contain and cleanup the release within 24 hours of the accident or release. ■ Any additional applicable requirements of NPDES for runoff and drainage, as well as any requirements of the Department of Fish and Game and U.S. Army Corps of Engineers will be adhered to in the design and during construction. ■ No vehicles or equipment shall be cleaned, fueled or maintained on-site, except in designed areas where runoff is contained and treated. ■ All clearing limits, easements, setbacks, sensitive or critical areas, bufferzones trees, and drainage courses are clearly delineated with field markers or fencing and that adjacent properties and undisturbed areas are protected from construction impacts with vegetative buffer strips, sediment barriers or filters, dikes or mulching. • Clearing, earth moving activities and the application of pesticides and fertilizers shall be performed only during dry weather (April 15 through October 15). 10 Mitigated Negative Declaration, Creek Enclosure Permit and Amendment 1616 Rollins Road and 1625 Adrian Road to Conditional Use Permit forAuto Storage in Drainage Right-of-Way • If construction is done during the wet season (October 1 through April 30), that prior to October 15 the developer shall implement a winterization program to minimize the potential for erosion and polluted runoff by inspecting, maintaining and cleaning all soil erosion and sediment control prior to, during, and immediately after each storm even; stabilizing disturbed soils throughout temporary or permanent seeding, mulching matting, or tarping; rocking unpaved vehicle access to limit dispersion of mud onto public right-of- way; covering/tarping stored construction materials, fuels and other chemicals. Staff Comments: An Encroachment Permit must be obtained from the City of Burlingame Public Works Department, Engineering Division, foranydevelopmentwithin the 140' drainage right-of-way. A building permitwill be required from the City of Burlingame Community Development Department, Building Division, forconstruction of the concrete box culvert and road crossing. Because the project will include construction of a new concrete box culvert and road crossing in an existing drainage channel, the project requires a Streambed Alteration Permit from the California Department of Fish and Garr�e and review by the U.S. Army Corps of Engineers as well as the San Francisco Bay Regional Water Quality Control Board. All of these approvals and permissions must be in hand before a building permit or any other construction can commence. Other than the proposed box culvert and road crossing, there will be no new structures built on the site, but may require a permit from Bay Area Air Quality Management District. National Pollution Discharge Elimination System (NPDES) guidelines and San Mateo County Pollution Program Best Management Practices shall be required to be followed for any construction activities and for future management of the site. See attached comments from the City Engineer, Chief Building Official, Fire Marshal and NPDES Coordinator. Findings for a Negative Declaration: For CEQA requirements the Planning Commission must review and approve the Mitigated Negative Declaration (ND 550-P) finding, on the basis of the Initial Study and anycomments received in writing or at the public hearing, that there is no substantial evidence that the project will have a significant (negative) effect on the environment. Findings for a Conditional Use Permit: In order to grant a Conditional Use Permit, the Planning Commission must find that the following conditions exist on the property (Code Section 25.52.020, a-c): (a) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or convenience; (b) The proposed use will be located and conducted in a manner in accord with the Burlingame general plan and the purposes of this title; (c) The planning commission may impose such reasonable conditions or restrictions as it deems necessary to secure the purposes of this title and to assure operation of the use in a manner compatible with the aesthetics, mass, bulk and character of existing and potential uses on adjoining properties in the general viciniry. Findings for a Creek Enclosure Permit (C.S. 18.24.020): In orderto grant a creek enclosure permit, the Planning Commission must find that these criteria are met: (a) adequate flow capacity; (b) adequate methods of keeping the structure clear of debris; (c) reasonable economical life and ease of repair; (d) proper horizontal alignment of the pipe or culvert; and (e) identifiable length of pipe or culvert. 11 Mitigated Negative Declaration, Creek Enclosure Permit and Amendment 1616 Rollins Road and 1625 Adrian Road to Conditional Use Permit forAuto Storage in Drainage Right-of-Way Planning Commission Action: The Planning Commission should hold a public hearing. Affirmative action on the following items should be taken separately by resolution including the conditions representing mitigation for the Mitigated Negative Declaration (in italics below) and any conditions from the staff report and/or that the commissioners may add. The reasons for any action should be clearly stated. 1. Mitigated Negative Declaration. 2. Creek Enciosure Permit and Amendments to Conditional Use Permit for automobile storage and additional fencing in the drainage right-of-way. The resolution with conditions shall be recorded with the property and filed with the building permit to insure implementation of the required mitigations. Please note that the conditions below which are in italics reflect the mitigation measures taken from the Mitigated Negative Declaration. All of these conditions will be placed on the building permit if the project is approved: that the project shall be built as shown on the plans submitted to the Planning Division date stamped March 25, 2009, sheets C-2.1 through C-2.8, C-3.1 through C-3.4, ER-1, ER-2, SW-1, L1.1 and L2.1 through L2.3; 2. that the conditions of the City Engineer's March 13, 2009 memo, the Chief Building Official's February 25, 2009 memo, the Fire Marshal's February23, 2009 memo and the NPDES Coordinator's February23, 2009 memo shall be met; 3. that the existing K-rail barrier shall be maintained along the top of the drainage ditch; this barrier shall include 13 one-way ramps to allow the movement of frogs back into the drainage ditch, should they be trapped in the parking area; 4. that the entrance to the frog ramps and ramps at the K-rails on the parking lot side shall be checked and be maintained free of debris at least once a month, or more often if necessary; 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; 6. that an Encroachment Permit must be obtained from the City of Burlingame Public Works Department, Engineering Division, for any improvements within the 140' drainage right-of-way; Conditions of Approval for Creek Enclosure Permif: 7. that prior to issuance of a building permit and any work in the drainage channel, the project shall obtain necessary permits to meet the standards of the required permitting agencies including: California Department of Fish and Game, San Francisco Bay Regional Water Quality Control Board, State Water Resources Control Board, U.S. Army Corps of Engineers and U.S. Fish and Wildlife Service; 8. that the applicant and/or property owner shall keep the portion of the drainage channel located at 1616 Rollins Road clear of debris and shall adequately maintain the culvert to insure free flow of the drainage channel and to minimize erosion; 9. that demolition for 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; 12 Mitigated Negative Declaration, Creek Enclosure Permit and Amendment 1616 Rollins Road and 1625 Adrian Road to Conditional Use Permit forAuto Storage in Drainage Right-of-Way 10. 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; 11. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2007 Edition, as amended by the City of Burlingame; Conditions of Approval for Parking in the Drainage Righf-of-Way: 12. that parking within the drainage right-of-way shall be exclusively used for storage of vehicles associated with the automotive service center located at 1625 Adrian Road (approximately 217 spaces) and for overflow parking for an automobile dealership (approximately 95 spaces); vehicles stored by the automotive service center shall only be brought to the site by using the road crossing at the rear of 1625 Adrian Road; 13. that vehicles associated with the automobile dealership shall not be moved during the peak traffic hours, and shall only be moved during off-peak traffic hours from 9:30a.m. to 4:00 p.m. and 6:30 p.m. to 7:00 a.m. on the weekdays, with no time restrictions on moving vehicles on Saturday and Sunday; there shall be no car carriers used to deliver vehicles to the site or remove them, nor shall car carriers be parked in the public right-of-way to load or unload cars from this site; 14. that all the vehicles in the drainage right-of-way shall be relocated during any flood situations and shall be the responsibility and liability of the property owner; and it is the responsibility of the business to make tow trucks available to move any vehicles stored on the site that are not in operable condition; 15. Applicant shall provide a hold harmless agreement in a form approved by the City Attorney that provides as follows: A. Owner agrees and understands that some of the parking proposed in the application is to be located in a drainage area that is subject to periodic flooding. The Owner has obtained professional analysis of the effects and impacts of the drainage area. B. Owners agrees and affirms that Owner is relying solely on Owner's own knowledge and the representations of Owner's own experts and consultants in designing, constructing, and using the project and in no way relying on any representations or analyses of the City or any of its officers or employees in proceeding with the construction and uses. C. Owner agrees that Owner shall defend and indemnify the City, its officers and employees against, and will hold them and each of them harmiess from any and all actions, claims, damages to persons or properties, penalties, obligations, and liabilities, including any attorneys fees or associated costs, that may be asserted by any person arising from the approval, design, location, methods, installation, operation, and existence of the parking within the drainage area approved by the City. D. This agreement shall be recorded by the City in the Official Records of the Recorder of San Mateo County. 16. that all runoff created during construction and future discharge from the site will be required to meet National Pollution Discharge Elimination System (NPDES) standards; 17. that each storm water inlet on the site shall be equipped with a sand/oil separator; all sand/oil separators shall be inspected and serviced on a regular basis, and immediately following periods of heavy rainfall, to ascertain the conditions of the chambers; maintenance records shall be kept on-site; 13 Mrtigated Negative Declaration, Creek Enclosure Permit and Amendment 1616 Rollins Road and 1625 Adrian Road to Condifional Use Permit for Auto Storage in Drainage Right-of-Way 18. that drainage from paved surfaces, including parking lots, driveways and roofs shall be routed to storm water inlets equipped with sand/oil-separators and/or fossil filters, then the water shall be discharged into the storm drain system; the property owners shall be responsible for inspecting and cleaning sand/oil separators and changing fossil filters on a regular basis as well as immediately prior to, and once during, the rainy season (October 15 — April 1); 19. the property owner shall provide access easement rights to the City of Burlingame for maintenance with the drainage easement. The City of Burlingame shall be held harmless for any property damage which might occur as a result of flooding within the drainage easement adjacent spur track right-of-way; 20. the improvements over the drainage channel shall not compromise the surface drainage flow to the drainage ditch at the rear of 1616 Rollins Road and shall not compromise the holding capacity of the basin during flooding; all the vehicles shall be relocated during flood situations; 21. that if required for any improvements, the applicant shall amend the California Department of Fish and Game and U.S. Army Corps of Engineers permits for any operational or physical changes made for these uses in this drainage area, and if those permits are not issued and maintained these uses shall cease; Mitegations from Initial Study: 22. A design-level geotechnical report shall be required for the project. The design-level geotechnical investigation shall be reviewed byfhe Burlingame DepartmentofPublic Works forcompliance with existing building codes and ordinances. The City field inspectors shall inspect construction forimplementation of the recommend site preparation activities; 23. The project design shall meet all the requirements of the California Building and Fire Code, 2007 edition, as amended by the City of Burlingame. The grading plan shall be prepared by a/icensed Engineer and approved by the City Engineer before a grading permit is issued. All applicable requirements of National Pollutant Discharge Elimination System (NPDES) shall be adhered to in the design and during construction, including the following listed below,� 24. The applicant shall submit a grading plan and erosion control plan for review and approval by the City Engineer,� 25. The applicant shall submit an erosion and sedimentation control plan describing Best Management Practices (BMP's) 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 cubfill and soil storage/disposal areas; areas with existing vegetation to be protected; existing and proposed drainage patterns and structures; watercourse orsensitive areas on-site or immediately downstream of a project; and designated construction access routes, staging areas and washout areas; 26. Off-site runoff shall be diverted around the construction site and all on-site runoff shall be diverted around exposed construction areas; 27. Methods and procedures such as sediment basins or traps, earthen dikes or 6erms, silt fences, straw bale dikes, check dams storm drain inlet protection soil blanket or mats, and covers forsoil 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; 14 Mitigated Negative Declaration, Creek Enclosure Permit and Amendment 1616 Rollins Road and 1625 Adrian Road to Condifional Use Permit for Auto Sforage in Drainage Right-of-Way 28. The erosion and sedimentation control plans should include notes, specifications, and/or attachments describing the construction operation and maintenance of erosion and sediment control measures, including inspection frequency; methods and schedule forgrading, excavation, �lling clearing of vegetative coverand mulch, including methods and schedules for planting and fertilization; and provisions for temporary and permanent irrigation; 29. All applicable requirements of NPDES for runoff and drainage will be adhered to in the design and during construction; 30. The applicant shall implement spill prevention measures to control the storage and handling of any hazardous materials, including concrete, at the construction site; 31. At no times shall hazardous materials be released and discharged into the drainage channel; 32. Any accidental spill or hazardous substances shall be reported to the City of Burlingame, the San Mateo County Environmental Health Department, and the California DepartmentofFish and Game within 24 hours of the re/ease or spill. The applicant shall implement a corrective actron plan to contain and cleanup the re/ease within 24 hours of the accident or re/ease; 33. Any additional applicable requirements of NPDES for runoff and drainage, as well as any requirements of the Department of Fish and Game and U. S. Army Corps of Engineers will be adhered to in the design and during construction; 34. No vehicles or equipment shall be cleaned, fueled or maintained on-site, except in designed areas where runoff is contained and treated; 35. All clearing limits, easements, setbacks, sensitive orcritical areas, bufferzones trees, and drainage courses are clearly delineated with field markers or fencing and that adjacent properties and undisturbed areas are protected from construction impacts with vegetative buffer strips, sediment barriers or filters, dikes or mulching; 36. Clearing, earth moving activities and the application of pesticides and fertilizers shall be performed only during dry weather (April 15 through October 15); 37. !f construction is done during the wet season (October 1 through April 30), that prior to October 15 the developer shall implement a winterization program to minimize the potential for erosion and polluted runoff by inspecting, maintaining and cleaning all soil erosion and sediment control prior to, during, and immediately after each storm even; stabilizing disturbed soils throughout temporary or permanent seeding, mulching matting, or tarping; rocking unpaved vehicle access to limit dispersion ofmud onto public right-of- way; covering/tarping stored construction materials, fuels and other chemicals; 38. Staging areas and access routes to the work area shall be delineated and inspected by the project biologist prior to establishment to avoid unnecessary impacts to California red-legged frogs, San Francisco garter snakes and their habitat; 39. Exclusion fencing shall be erected around the project 6oundary prior to the onset of project activities. Fencing will be a minimum of 3 feet in height and buried in the soil to inhibit California red-legged frogs and San Francisco garter snakes from entering the project area; once the exclusion fence is installed, a pre- construction survey will be conducted to ensure that no San Francisco garter snakes or California red- legged frogs are present in the restoration area; 15 Mifigafed Negative Declaration, Creek Enclosure Permit and Amendment 1616 Rollins Road and 1625 Adrian Road to Conditional Use Permit forAuto Storage in Drainage Right-of-Way 40. A US Fish and Wildlife Service-approved biologist shall be onsite during ground-disturbing activities and will have the authority to halt any action that might result in impacts to California red-legged frogs or San Francisco garter snakes. The Service-approved biologist will survey the work site prior to the start of the day's activities. If California red-legged frogs are found, the approved biologist will ensure that the individual(s) is moved safely away from the work site before work activities begin. If San Francisco garter snake(s) are found, DFG will be notified forguidance and the animal will be allowed to disperse awayfrom the project area. Only Service-approved biologists may participate in activities associated with the capture, handling, and monitoring of California red-legged frogs and San Francisco garter snakes; 41, Before any construction activities begin, worker education and awareness training shall be conducted for all construction crews and contractors that access the site for any period of time. The education training will be conducted prior to starting work on the project and upon the arriva! of any new worker. The training will include a brief review of the California red-legged frog and the San Francisco gartersnake life history, field identification, habitat requrrements, location of sensitive areas, possible fines for violations, avoidance measures, and correction actions ifsensitive species are encountered. The program will coverthe mitigation measures, environmental permits and regulatory compliance requirements as applicable. In addition, a record of all personnel trarned during the project will be maintained for compliance verification; 42. During project activities, all trash that may attract predators shall be properly contained, removed from the work site and disposed of regularly. Following construction, all trash and construction debris will be removed from work areas; 43. All practicable erosion control Best Management Practices (BMPs) shall be implemented to minimize the potential of impacts to water quality; 44. No smoking except in vehicles shall be permiited within vegetated areas; 45. Trash dumping, �rearms, open fires, hunting, and pets shall be prohibited; 46. To mitigate impacts to the wetland habitat for CRF and SFGS, the project shall a) remove invasive plant species from the 0.2 acre ruderal area and replant with native riparian floodplain plant species orcontribute an in lieu fee for habitat restoration that assists in the recovery of the California red-legged frog and/or San Francisco gartersnake that is commensurate with the impacts of fhis project (i.e. 0.009 acres of freshwater emergent wetland); b) install a drainage collection system on site to treat stormwater pollutants that currently drain untreated from the parking areas and into the drainage; 47. To avoid impacts to nesting brrds within the project area, including the saltmarsh common yellowthroat, preconstruction surveys for nesting birds shall be conducted prior to construction between: February 15 and August 31. If active nests are found, and project activities could potentially impact nesting success, the US Fish and Wildlife Service Migratory Bird Treaty O�ce and the Department of Fish and Game shall be consulted for guidance and all necessary permits would be obtained; 48. If construction is done during the wet season (Octo6er 1 through April 30), that prior to October 15 the developershall implement a winterization program to minimize the potential forerosion 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 ofmud onto public right-of- way; covering/tarping stored construction materials, fuels and other chemicals; 49. Maintenance of construction equipment within 100 feet of the drainage locatron shall be prohibited; 50. Areas of bare soil shall be reseeded, planted, or othenvise stabilized with erosion control as soon as possible after work has ceased and prior to the onset of the rainy season (Ocfober 31); 16 Mitigated Negative Declarafion, Creek Enclosure Permit and Amendmenf 1616 Rollins Road and 1625 Adrian Road to Conditional Use Permit forAuto Storage in Drainage Right-of-Way 51. Storage of any hazardous materials shall be prohibited within 100 feet of wetlands or other waters; 52. No invasive nonnative plants, as listed by the California lnvasive Plant Council on-line database (Cal-IPC 2008), should be planted on the property at 1625 Adrian Road or within the adjacent drainage channel; 53. The property owner shall provide access easement rights to the City of8urlingame formaintenance with the drainage easement. The City of Burlingame shall be held harmless for any property damage which might occur as a result of flooding within the drainage right-of-way; 54. Parking shall be setback from the foot of these towers and adequate access provided by parked "lanes"on the pavement through parking areas to insure continued access for maintenance and repair of these structures at all times without damaging sensitive environmental resources on the site or in the area; 55. Construction of the box culvert and road crossing shall not compromise the surface drainage flow to the drainage ditch at the rear of 1616 Rollins Road and shall not compromise the holding capacity of the basin during flooding. No fencing shall obstruct existing surface drainage into and through the drainage right-of- way from the adjacent parcels. All the vehicles shall be relocated during flood situations; and 56. If any prehistoric or historic archeological relics are discovered during grading and construction, all work will be halted until the finding can be fully investigated and proper protection measures, as determined by qualified experts, can be implemented. Ruben Hurin Senoor Planner c. Geoff Burns, applicant Attachments: ApplicanYs Response Commissions' Comments, Letter from Geoff Burns, dated April 24, 2009 April 13, 2009; July 23, 2007; July 8, 2002 Planning Commission Minutes App'lication to the Planning Commission Appllication Letter from Rick Peterson, Cammisa Motorcar Hyundai, dated March 26, 2009 Conditional Use Permit Environmental Information Form Staff Comments Plar�ning Commission Resolution (Proposed) Notice of Public Hearing — Mailed May 1, 2009 Aerial Photo Mitigated Negative Declaration No. ND-550P 17 Q/�1/,OE/@'�'li/1/ OsvB/opmBnt Pa�t�e�s April 24, 2009 Mr. Ruben Hurin Senior Planner City of Burlingame 501 Primrose Road Burlingame, CA 94010 RE: 1616 Rollins Rd. Response to PC Study Comments from 04/13/09 PC meeting Dear Ruben; ,t����d�'s� '�{ 2 7 2009 �" �'L�RLINGAME ' � I'�pT This letter is to address the 3 items that the Planning Commission brought up in their study meeting on Monday, 4/13. The following are the responses for each item: Periodical cleaning of one-way ramps for the red-legged frog — we don't object to language in the conditions of approval for periodic cleaning on the parking lot side of the k-rail/ramps. Obviously, there would be an issue with cleaning on the creek side of the k-rail as then we would be in the frog's habitat which is not permitted. Habitat enhancement (planting or fee) — we started our inquiries of this creek crossing by first getting an environmental consultant on board, then meeting with the US Fish and Wildlife Services (USFWS), Department of Fish (DFG) and Game and Army Corps. By using this approach we feel we have worked as a team with the agencies to develop our plans with mitigation in mind. Our plans include providing a fenced in area that acts to expand the creek habitat up onto the adjacent 1625 Adrian Rd. property. By providing this 'mitigation' to the area of the creek that we are covering we should avoid any in Iieu of fees. flowever, we do understand the process and that there may be findings from the agencies that would require additional fees to be paid, and we are prepared to enter into that negotiation/solution if necessary. Those fees are determined by the DFG and USFWS. Habitat Enhancement — as mentioned above, we have worked through this process hand in hand with the different agencies and have tried to implement all of their requests for planting and design of barriers (i.e. fencing with slats/mesh to prevent frogs from passing through). Preliminary plans were reviewed and commented on by the agencies and their comments were implemented into the final documents that have been distributed for approval. The JARPA package also addresses this issue as follows: Riparian Floodolain Restoration The �roiect will restore riparian floodolain veqetation (at a 5�1 mitiqation ratio) to a 0 05 acre (2000 sauare feeU area adiacent to the drainage channel This stri� of land extends aooroximatelv 8 10 feet wide alonq the width (265 feetl of the propertv Revegetation of the ruderal area on site would commence immediatelv after culvert construction is comAteted Invasive species would be removed from the ruderal area on site and native riparian floodplain soecies would be olanted consistinq of native qrasses such as blue wild rye (Elvmus qlaucus) and California oat arass (Danthon�a califomical and native shrubs such as arrovo willow lSalix lasioleois) covote brush (Baccharis pilulans). Califorrna coffeebem (Rhamnus califomical and hairy gum plant (Gnndelra hirsutulal. The site will he mananPr� Should you have any questions or comments regarding this work/phasing, please don't hesitate to contact me. I can be reached at 858.650.4432 (office) or 760.521.6478 (cell). Sincerely, Geoff Burns Anderson Development Partners (for Penske Automotive Group) Anderson Development Partners, LLC / 2555 S. Telegraph Rd. / Bloomfield Hills 48302 / 7e1: 248-648-2571 / Fax: 248-648-2575 Western Regional Office I 5202 Kearny Mesa Road ! San Dlego, CA 92111 1958-650-4432 / Fax: 858-650•4430 Once again, we are very excited about this project and look forward to moving forward with the construction of this facility. CITY OF BURLINGAME PLANNIIWG COMMISSION UNAPPROVED M/NUTES Monday, April 13, 2009 — 7:00 p.m. City Council Chambers — 501 Primrose Road Burlingame, California VI. STUDY ITEMS 1. 1616 ROLLINS ROAD, ZONED RR — APPLICATION FOR MITIGATED NEGATIVE DECLARATION, CREEK ENCLOSURE PERMIT AND AMENDMENT TO CONDITIONAL USE PERMIT FOR PARKING IN THE DRAINAGE EASEMENT (GEOFF BURNS, APPLICANT; SANJAYLYN COMPANY, PROPERTY OWNER; AND LEA & BRAZE ENGINEERING, INC., ENGINEER) STAFF CONTACT: RUBEN HURIN Community Development Director Meeker presented a summary of the staff report, dated April 13, 2009. Commission comments: ■ Cammisa Hyundai is parking at the site now; clarify if these are the trade-in vehicles and in running order; there is also a boat trailer on the property. • Regarding the one-way ramps for the red-legged frog; consider a condition that requires the exits to be cleaned-out periodically. • The report indicates that with respect to habitat enhancement, the applicant may either do planting or pay an in-lieu fee, what would be the amount of the in-lieu fee? (Meeker — will research.) ■ What will the applicant do for habitat enhancement? (Meeker — will research.) This item was set for the regularAction Calendar when all the information has been submitted and reviewed by the Planning Department. This item concluded at 7:12 p.m. City of Burlingame Planning Commission Approved Minutes July 23, 2007 8. 1616 ROLLINS ROAD, ZONED RR—APPLICATION FOR CONDITIONAL USE PERMIT FOR PARKING IN THE DRAINAGE RIGHT-OF-WAY (ENTERPRISE RENT-A-CAR, APPLICANT; AND N.E. TOUSSAINT & ASSOCIATION, PROPERTY OWNER) (22 NOTICED) PROJECT PLANNER: ERICA STROHMEIER Reference staff report dated July 23, 2007, with attachments. Planner Strohmeier presented the report, reviewed criteria and staff comments. Fourteen (14) conditions were suggested for consideration. Chair Deal opened the public hearing at 8:05 p.m. Commission comments: ■ It was noted that a letter from the original Civil Engineer who designed the site allowed the current applicant to use the existing plans. However, the area at entry to site is slightly different; the plans show some sort of separation between the rental car area and where the ambulance are parked. • The K-Rail barriers with one-way ramps were noted as a mitigation to allow Red-Legged frogs to access the wetland area on the property. It was noted that this mitigation from the prior permit has proved successful in that the frog population has dramatically increased. Derek Watts and Adam Rudd, Enterprise Rent-A-Car, 820 Malcolm Road, Burlingame, represented the applicant. They agreed to provide a fence to separate the rental car parking from the ambulance parking, if needed. It was noted that a building permit and a Conditional Use Permit may be required fora fence at this location. There were no public comments. There were no further comments and the public hearing was closed at 8:08 p.m. Commissioner Auran moved to approve the application, by resolution, with the following conditions: that the project shall be built as shown on the plans submitted to the Planning Department date stamped May 11, 2007, site plan, parking plan, and drainage plan; that 180 parking spaces shall be used for auto storage only for Enterprise rental fleet vehicles at the north end of the site without amendment to this use permit; 2. that the site shall be used for long term overflow parking for rental fleet vehicles for up to 180 vehicles to be brought to and from the site by Enterprise employees only; that no customers shall ever visit the 1616 Rollins Road drainage right-of-way site; 3. that the conditions of the City Engineer's July 11, 2007 and May 17, 2007 memos, and the NPDES Coordinator's May 14, 2007 memo shall be met; 4. that all runoff and future discharge from the site will be required to meet National Pollution Discharge Elimination System (NPDES) standards; 5. that each storm water inlet on the site shall be equipped with a sand/oil separator; all sand/oil separators shall be inspected and serviced on a regular basis, and immediately following periods of heavy rainfall, to ascertain the conditions of the chambers; maintenance records shall be kept on-site; 6. that drainage from paved surFaces, including parking lots, driveways and roofs shall be routed to storm water inlets equipped with sand/oil-separators and/orfossil filters, then the water shall be discharged into the storm drain system; the property owners shall be responsible for inspecting and cleaning sand/oil separators and changing fossil filters on a regular basis as well as immediately prior to, and once during, the rainy season (October 15 — April 1); 7 City of Burlingame Planning Commission Approved Minutes �uiy 23, 200� 7. that all vehicles to be stored on-site for long term overflow parking for rental fleet vehicles shall not be moved during the peak traffic hours, and shall only be moved during off-peak traffic hours from 9:OOa.m. to 4:00 p.m. on both the weekdays and weekends; 8. that a K-rail barrier shall be installed along the top of the drainage ditch. This barrier shall include 13 one-way ramps to allow the movement of frogs back into the drainage ditch, should they be trapped in the parking area; 9. that if required for any improvements, the applicant shall amend the California Department of Fish and Game and U.S. Army Corps of Engineers permits for any operational or physical changes made for these uses in this drainage area, and if those permits are not issued and maintained these uses shall cease; 10. that the property owner shall provide access easement rights to the City of Burlingame for maintenance with the drainage easement. The City of Burlingame shall be held harmless for any property damage which might occur as a result of flooding within the drainage easement adjacent spur track right-of-way. The property owner shall repair, to City standards, the 21 inch drain line and extend it to the drainage channel; 11. that the improvements over the drainage channel shall not compromise the surface drainage flow to the drainage ditch at the rear of 1616 Rollins Road and shall not compromise the holding capacity of the basin during flooding; 12. that no fencing shall obstruct existing flow of water into and through the easement from the adjacent parcels and from Rollins Road; 13. that all the vehicles shall be relocated during any flood situations and shall be the responsibility and liability of the property owner; and 14. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2001 Edition, as amended by the Ciry of Burlingame. The motion was seconded by Commissioner Brownrigg. Chair Deal called for a voice vote on the motion to approve. The motion passed 4-0-3 (Commissioners Osterling, Vistica and Cauchi absent). Appeal procedures were advised. This item concluded at 8:09 p.m. 0 City of Burlingame Planning Commission Minutes Ja�ly 8, 2002 10. 1616 ROLLINS ROAD — ZONED M-1— APPLICATION FOR MITIGATED NEGATNE DECLARAI'ION AND CONDITIONAL USE PERMIT AMENDMENT FOR PARKING IN A DRAINAGE EASEMENT (PETER O'HARA, PACIFIC PROPERTY ASSET MGMT., APPLICANT; NEAL MARTIN, PLANNER/CONSULTANT; SANJAYLYN COMPANY, PROPERTY OWNER�(46 NOTICED) PROJECT PLANNER: CATHER.INE KEYLON Reference staff report 7.08.02, with attaclunents. CP Monroe presented the report, reviewed criteria and staff comments. Twenty-four conditions were suggested for consideration. Commissioners asked: if this is not long term airport parking how is its operation different? Staff noted users do not drive to the site themselves and take a shuttle to the airport and come back to the parking site when they pick up their cars. Cars are driven from the l�otel site to the storage lot by valets, then returned to the hotel site to be there when the travelers return to the hotel from their trip. Who are the drivers? Hotel employees. When will the Army Corps of Engineer decide whether a permit is required. Staffnoted that after the City acts on this applicatioil the Corps will revie�v and decide what they will require. There were no further questions of staff. Chair Keighran opened the public hearing. Bob Lanzone, 939 Laurel Street, San Carlos, attorney, and Peter O'Hara, representative of the property owner, represented the project. This project has been in process for 1 '/z years, done a full report of the site, Corps will need to evaluate use as it relates to an isolated wetland and whether protection proposed is sufficient; accept the conditions, this is a low intensity use, 16 cars a day in and out during off peak hours; will take care of damaged drainage pipe, mitigations will require full compliance with NPDES, wil] preserve the limited habitat area, will provide the 9 parking spaces for neighbor, although he needs to apply for a variance in order to use them; this shifting of parking to the easement area will allow the trucks to load and unload across his property as they are now; there is a remaining issue between the property owners of a prescriptive easement, but this is a pnvate matter and would not affect this use since adequate access for the parking in the drainage area is provided on site. Comtnissioner noted that this area will play a part in the overall planning for the Rollins Road area, and committing it to some use now may be premature since that planning study is at its inception. Applicant noted that he had been contacted by economist and discussed the impact of the new BART station on the potential uses of his property; his view was that the drain was suitable for liinited uses and parking was probably best for it. How does one know that the K-rails will be effective in protecting the frogs. The professional biologist who has had experience suggested them; frogs outside the habitat area tend to follow the edge of the rails until they find an opening. There were no further comments from the floor and tlle public hearing was closed. C. Osterling moved approval of the Mitigated Negative Declaration finding that with the mitigations it would reduce any potentially significant effects of the project to levels acceptable to the community and to ainend the conditional use permit because the effects of the use would be minimal, by resolution with the following conditions: 1) that the project shall be built as shown on the plans submitted to the Planning Department date stamped January 17, 2002, site plan, parking plan, and grading and drainage plan, sheets 1 tlu-ough 5; with the parking for the ainbulance serve and their employees shifted to the south end of the site and 185 parking spaces for auto storage at the north end of the site, a fence shall separate the two parking areas and only the area to the north shall be used for auto storage without ainendment to this use permit; 2) that the site shall be used for long term hotel/motel parking only for up to 185 vehicles to be brought to and from the site from hoteUmotel employees and/or valets; the site shall not be used for airport self parking; personal vehicle owners are not permitted to bring their vehicle to the site to and from the site; 3) that the long term hotel/motel parking use on the subject property shall be subject to the regulations ofresolution 87- 2001 approved by the Burlingame City Council on July 23, 2001 requiring a business license tax on operators of commercial parking facilities in the City of Burlingame; 4) that the conditions of the City Engineer's March 12, 2001 memo shall be met; 5) that the project shall meet all the requirements of the 12 Ciry of Burlingmne Planning Corrimissian Minides July 8, 2002 California Building Code and California Fire Code, 1998 edition, as amended by the City of Burlingame; 6) the project shall obtain necessary permits to meet the standards of the required permitting agencies including: California Department of Fish and Game, San Francisco Bay Regional Water Quality Control Board, State Water Resources Control Board, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service; 7) the grading plan shall be prepared by a licensed Engineer and approved by the City Engineer before a grading permit is issued. All applicable requirements ofNational Pollutant Discharge Elimination System (NPDES) shall be adhered to in the design and during construction, including the following listed below; 8) the applicant shall submit an erosion and sedimentation control plan describing Best Management Practices (BMPs) to be used to prevent soil, dirt and debris from entering the storm drain system and the drainage ditch at the rear of the property; 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; 9) the applicant shall submit an erosion and sedimentation control plan descnbing Best Management Practices (BMPs) to be used to prevent soil, dirt and debris from entering the storm drain system and the drainage ditch at the rear of the property; 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 immediatelydownstream ofthe project; and designated construction access routes, staging areas and washout areas; 10) off-site runoff shall be diverted around the construction site and all on-site runoff shall be diverted around exposed construction areas; 11) 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 pem7anent erosion controls have been established; 12) all runoff created during construction and future discharge from the site will be required to meet National Pollution Discharge Elimination System (NPDES) standards; 13) each storm water inlet on the site shall be equipped with a sand/oil separator; all sand/oil separators shall be inspected and serviced on a regular basis, and immediately following periods of heavy rainfall, to ascertain the conditions of the chambers; maintenance records shall be kept on-site; 14) that drainage from paved surfaces, including parking lots, driveways and roofs shall be routed to storm water inlets equipped with sand/oil-separators and/or fossil filters, then the water shall be discharged into the storm drain system; the property owners shall be responsible for inspecting and cleaning sand/oil separators and changing fossil filters on a regular basis as weli as immediately pnor to, and once during, the rainy season (October 15 — April 1); 15) as part of this proposal, the applicant shall replace the broken 21 inch stormwater drain that is located in the rear easement (behind 1600 Rollins Road, in front of the three PG&E towers), that is part of the subject property, with a new 21 inch re-enforced concrete pipe that will daylight at the rear drainage channel below the top of the bank in the drainage channel at a point in the channel approved by the City Engineer; 16) the site shall be sprayed with water to control dust during grading and construction. Construction equipment emissions shall be in compliance with the standards of the Bay Area Air Quality Management District; 17) all vehicles to be stored on-site for long term hoteUmotel parking shall not be moved during the peak traffic hours, and shall only be moved during off-peak traffic hours from 9:30a.m. to 4:00 p.m. and 6:30 p.m. to 7:00 a.m. on the weekdays, with no time restrictions on moving vehicles on Saturday and Sunday; 18) a K-rail barrier shall be installed along the top of the drainage ditch. This barrier shall include 13 one-way ramps to allow the movement of frogs back into the drainage ditch, should they be trapped in the parking area; 19) all construction shall be required to be done in accordance with the Uniform Building Code requirements as amended by the City of Burlingame, and limits to hours of construction imposed by the City of Burlingame Municipal Code; 20) the property owner shall provide access easement rights to the City of Burlingame for maintenance with the drainage easement. The City of Burlingame shall be held harmless for any property damage which might occur as a result of flooding within the drainage easement adj acent spur track right-of-way. The property owner shall repair, to City standards, the 21 inch 13 Cat}� of Barrlingame Plmznirtg Conunission Minutes July 8, 2002 drain line and extend it to the drainage channel; 21) the property owners shall prepare an access plan for the maintenance and repair for all the power towers on the site which shall be approved by the City Engineer and proper representation of PG&E before a grading permit shall be issued; 22) the improvements over the drainage channel shall not compromise the surface drainage flow to the drainage ditch at the rear of 1616 Rollins Road and shall not compromise the holding capacity of the basin during flooding. No fencing shall obstruct existing surface drainage into and through the easement from the adj acent parcels. All the vehicles shall be relocated during flood situations; 23) fencing shall be required around the site except where it might obstruct drainage during flooding in the drainage easement; and 24) if any prehistoric or historic archeological relics are discovered during grading and construction, all work will be halted until the finding can be fully investigated and proper protection measures, as determined by qualified experts, can be implemented. The motion was seconded by C. Keele. Comments on the motion: concerned about approving this project in the drain at this time with the SAP work at its inception, don't know how this open area will contribute to the open space plan for the industrial area, could recommend pedestrian access or something else in the drain in the future, if this would block such use would vote no on this project; CP noted that the biologist is reviewing all the drain and creek areas in the Rollins Road area at this time, he is identifying potential and also where sensitive habitats may be, do not have results; commissioner noted there are other drains and creeks in the Rollins Road area more removed from US 101 with better open space potential and which provide better pedestrian access within the area than this one; applicant could stack parking which would leave some open space for other uses. Chair Keighran called for a voice vote on the motion to approve the Mitigated Negative Declaration and amendment to the conditional use permit to add hotel/motel parking storage in the drainage area. The motion was approved on a voice vote 6-1 (C. Vistica dissenting). Appeal procedures were advised. This item concluded at 10:15 p.m. 14 '."�..71 +, � u ��� COMMUNITY DEVELOPMENT DEPARTMENT • 501 PRIMROSE ROAD • BURLINGAME, CA 94010 p: 650.558.7250 • f: 650.696.3790 • www.buriingame.org APPLICATION TO THE PLANNING COMMISSICJN Type of apglication: ❑ Design Review ❑ Variance C�' Parcel #: �LS '" Z�Z -�io—�j [�' Conditionai Use Permit ❑ Special Permit CY Other: l"�� ��L�a�v�c �lzp� i C" PROJECT ADDRESS: I�o I L� ��-�- �'JS �T� • CI Picase indicate the contact person for this project APPLICANT projectcontactperson� PROPERTYOWNER projectcontactperson❑ OK to send electronic copies of documents C3� OK to send electronic copies of documents ❑ ���ame: �.�,�-o�-rr��e,.c� Name: LLC' l�ddress: �2az- l� k�`r /�-t�'s.t �. Address: � � � ��/�;� City(State/Zip: ��a� �t�'�o C�1 `�Z«1 CitylState/Zip:�/V �%�Jl��/,�l"�� � Phone: -t�o•�Zt • G�?`d Fax: �S� . ��o • �-�o E-mail: l��rr,,�s(% �Dc-Ysa�s'_��( Phone: �i%J �� �.2 3 � �� .��'�,�,t��,D C�s�c c� L� �/��. N� i E-mail: ,^iRCHITECT/DESIGNER projectcontactpersonCC3� OK to send electronic copies of documents C� Name: Z.-�l, � t�FZA'� ��ctce��-fz�r V,� Ira ��tLL f�C�•vs� Address: Z�S 1,..�nc�s-rrz rn� �ire�wh� t�1°�T` �ity/State/Zip: i��k.Yw�-f� , l�1 ���5 Phone: �I�, �8% � �S'�C Fax: -�10 • ��'7' 3�� F-mail: �Ht--n�t� C � shtswtzE �r-i n Bi�rlingame Business License �r}�V��V�� !. [�' 2 3 2D0�9� "I Ot- �:_. _ .�.,vME liKi$lµr� V�r,'' I:: -_.,�;! PROJECT DESCRIPTION: /�<i'v'j f�Krsn��, v-s O�Krf 7'v /I«vw ,E-vL pc���2�"zo�✓ p� �rc r.,i �. T"� �/6Z5 /i-Dt-r.�,� i,��,t�i � l� ��t T'L Crd�s .�cc��s V�A �1 ��� w�r�r c,�ssn-�, ts��: �-.r� P,���nc3. AFFADAVIT/SIGNATURE: I hereby certify under penalty of perjury that the information given herein is true and Correct to the best of my knowiedge and belief. ���� �l t__ ApplicanYs signature: � date: Z� / f• O� �— I:�m aware of the proposed applicallon and h�reby authorize the above a,�plicant to submit this application to the Planning _.o;��mission. j ��__; �, �.. � � � ; � � ; � r���roperty owners signature: `�"'l�' � ,� �� < 1 '� � �� Date: � / ' � � ,_ . � `'� Date submitted: :t Verification that the project architect/designer has a valid Burlingame business license will be required by the Finance Department at the time application fees are paid. ❑ Please mark one box above with an X to indicate the contact person for this project. S:\HandoutslPC Applicaiion 2008-B.handoui � HYunoai MARCH 26, 2009 C'�1�MMISA Motor Car Company 1020 CAROLAN AVENUE BURLINGAME, CA 94010 650-340-7300 Fax 650-348-3255 COMMUNITY DEVELOPMENT DEPARTMENT 501 Primrose Road Burlingame, Ca. 94010 Attention: Ruben Hurin Dear Rubin, --,.' �_-a f ,:�_ i � : .�, L... `Lo h� Y 4i� �'r.a.,. Ss` �;^,4tt 3 I 2009 �, �-y nF g��Ri_WGAME Thank you for including us in the administrative process for 1616 ROLLINS RD. Cammisa Automotive Inc. uses the space for overflow storage of new Hyundai's. We will also keep trade-ins there for a short time until we wholesale them. We keep our used cars at our main facility at 1020 Carolan Ave. There has been as many as 100 new vehicles there at any given time. We take cars to that site when they arrive after their initial inspection. This happens once or twice a week on average and we can avoid taking them there between 4-6P.M. Since our staff doesn't start until 9:OOA.M. the morning hours are not a problem. We bring cars back when the inventory gets low on the main lot which varies depending on our sales rate but that is not a daily occurrence. The most common times are at the beginning and end of the weekend, Saturday morning and Sunday evening. Best regards, — � � _..___ _ _ � �'��. ✓Rick Peterson GSM Cammisa Motorcar Hyundai Cily of Burlingame • Community Development Department • 501 Primrose Road • P(650) 558-7250 • F(650) 696-3790 • wvnv.budinqame.orq ,����: ::_�� 6URLING.4ME CITY OF BURLINGAME CONDITIONAL USE PERMIT APPLICATION � �/ C� E '� S� �.�' � tB 1 7 2009 � Y OF BURLINGAME .. ^,P1CIiP.,�.r"'. �7�QT The Planning Commission is required by law to make findings as defined by the City's Ordinance (Code Section 25.52.020). Your answers to the following questions can assist the Planning Commission in making the decision as to whether the findings can be made for your request. Please type or write neatly in ink. Refer to the back of this form for assistance with these questions. 1. Explain why fhe proposed use af the proposed location wiU nof be detrimental or injurious to property or improvements in the viciniiy or to public health, safety, general welfare or convenience. `�tt� p(zoPcxa`�j U� oF 7�! s�FRoPcYztz-� vo�� �7c- -lfit f 5 JCPP u C,� 7�c1 tJ C� -(-1-LS S n�-1 c K� `l'fit � Gv 22 �� sJ"� lJ�� � E�/� � K-�N �r �/�N � n2�.��5 '%�a�f GP—�-`11.T� ��( P��-t7�NhL. 77t� lH �-,a-rzA.� f�fTc-c�5 `tfl �}�.tc..{-{�LtF'( ��i���"�`/ � L�C►J�"��t� WtLF•�iet O� Cr�rJtlL-�Ul�'7�JCc_ (r wc�� �GTvnu-r 7,� I� -�c��ir hs !r v�rc.� L�c,r-icz�.� vP 'rJp-�lSIJ'r1A L -rTuFr=fc on� �v�<<.�g -�tj W i7"r'� 7-t-1� /�Dt7`��r.5 iir T7� L �Lc �'SS �Yt �� ��ln] �f� ' 2. How will the proposed use be located and conducfed in accordance wifh the Burlingame General Plan and Zoning Ordinance? —J�r�is �¢-�P�r�-r t� ZeN�--� Lr. %u7�vsrr�r.t L �4 �� �vz c� � 5 G�..�S� S-n�� w l�H ►�3o-r�-r `tt/e �ScCSn wr�, Us= �P��r�rN4� �� TH � Lo r�'� r T7 � OJ.S .�L K� `Co I�G Z S l�� 2� n� �. �.�,.Yro `'�1"� .�'� 15 �}f�"r Rc� � C� (.v r77� ,..� '17-r cr �s cN c2�F� ���'J . 3. How will the proposed projecf be compatible wifh the aesthetics, mass, bulk and character of the existing and potentia/ uses on adjoining properties in fhe general vicinity? � �.�c� ✓-> � /tfL�=. c�Nc.-� �'-N � r� .,� �, h c�ss /}«-�-s3 L+J� ✓c�: -�t � r c� r r.� /�-u r3' c or-u � R�t� � TKrS /'7 �`+ / 5 ,c�c7� �n�i'�� ��� � 7�--r�s ��z°��+ • Rev 06.2D07 CUP2007.FRM City of Burlingame Planning Department >Ol Primrose Road P(650) 558-7250 F(650) 696-3790 www.burlineame.orQ �� ZiTr o�. B�IftIJNOAME ENVIRONMENTAL INFORMATION FORM F.. �°�,_,��,,,,�� (to be completed by applicant when Negative Declaration or Environmental Impact - Report is required) GENERAL 1NFORMATION Project Address: jlvL6 �c.t.�s /�-�. Applicant Name: � eor� �,R.t+ s Address: �2oz I�-�te.��-r b�(�A %Zi7- City/State/"Lip: 5a� `77 ��.a _ e,� �Tz t f l Phone: 7�0 - 57 i� c�'78 Assessor's Parcel Number: DZS -Z�Z •�i �• 8 Property Owner �Iame: Address: C�ity/State/Zip: Phone: Permit applications required for this project (special pem�it, variance, subdivision map, parce] map, condominium permit, building permit. ete.): Gltce-rc �,� [iC�i�e /'cftr« i Related permits, applications and approvals required for this project by City, Regional, State and Federal Agencies: SITE INFORM.ATI0�1 Site size: �����' Acres and � ���,�� Square Feet Existing Zoning: Existing use(s) of property: :>sP�: .--���� � � s � ��=�e a�-�.� �v��'�:-'� %��=�. Total Number of Existing Parking Spaces�: ���'" Number of Compact Spaces�: _�� Number of Existing Structures and Total Square Footage of Each: i`�� �.,. Will any structures be demolished for this project? Yes _� No Size and use of structures to be demolished: '� �.�'� Number and size of existing trees on sitez: � j���n'�- Will any of the esisting tress be removed? Yes X No If Yes, list number, size and type of trees to be removed: NA Are there any natural or man-made �vater channels which run through or adjacent to the site? X Yes No IfYes,where? Drainage Channel on southwest side. � City of Burlingame minimum standard parking space size is 9'x20'. The minimum size for compact parking spaces is 8'x17'. Refer to City of Burlingame Zoning Ordinance C.S. 25.70 for parking requirements for particular uses. Z Refer to the City of Burlingame's Urban Reforestation and Tree Protection Ordinance (C.S. 11.06) for tree removal permit and tree planting requirements. �����C���� . ENVREV.FRM FEB 1 7 2009 CITY OF BURLINGAME PLANNING DEPT. C7 City of Burlingame Planning Department 501 Primrose Road P(650) 5�8-7250 F(650) 696-3790 w�wr.buriingame.org Describe in general the esisting surrounding land uses to the: North Commercial/ Industrial South Commercial/ Industrial East Commercial / Industrial, Adrian Road and Bayshore-101 Freeway West Drainage channel Utility Riqht of Way and Commerc�al/Industrial PROPOSED PROJECT Project Description: The proposed project consists of modification of shipping distribution center into a BMW Service Center The z�ro�ect woulc� ;nv�lve cnn�tructing a road crossin� across a draina�P �rannP� rn r'nnnPrt rhP =rn�artT. to additional�arkinc� a on rhP ��i�rh�•�Psr hnun�lary nf rrP _�rn�erty. Residential Projects: Number of Dwelling U��its: NA Size of linit(s): Household size (number of persons per unit) e�ipected: Commercial/Industrial Projects: Type and square footage of each use: d"��� �°� v�+��� i�� s� �°�-'��'ti�����` �`�t'e�'� ��v�4 6 Estimated number of employees per shift: �°a( �vl � Will the project involve the use, disposal or emission of potentially hazardous materials (including petroleum products}? Yes � No If Yes, please describe: Institutional Projects (public facilities, hospitals, schools): � Major function of facility: �'-.�,�i:a'_��j Estimated number of employees per shift: Estimated Occupancy: For all Projects: Flood Hazard: Is this site within a special flood hazard area? Land Use: If the project involves a conditional use explain why the applications are�quired': �'.�� Yes �� No variance or rezoning application, please __. , �_ { ._ 3 Please fill out and submit the appropriate application form 9variance special permit, etc.) tNvx�v.tKH City of Burlingame Planning Departnent 501 Primrose Road P(650) >58-7250 F(650) 696-3790 www.burlineame.org Building gross square footage: Existing: �''-�:�;�; a i�w Proposed: �'`-�:�.� � Number of floors of construction: E�isting: �_ 4��:�7 �`� _ Proposed: j'�-=:�. �-t�: TraffidCirculation: Standard and compact off-street parking spaces provided: Existing: Standard �`:'' Compact -�'� Total '"' � _rt�— Proposed: Standard �� Compact -�yi �' Total (�_ Grading: Amount of dirt�'fill material being moved (check one): a,._ 0-500 cubic yards �,000-20,000 cubic yards 500-�,000 cubic yards Over 20,000 cubic yards(indicate amo�mt) Note: If fill is being placed over esisting bay fill, provide engineering reports which show the effect of the new fill on the underlying bay mud. Storm �,jter runoff: Indicate area of site to be covered with impervious surfaces (parking lot paving, etc.): 1`t;�w'tt � v.:�. �y.;,..�-� fl�-rr�' 'Sc w���St'"�%�t�,r. Is the area with impervious surfaces less than 200 feet away from a we�land, stream, lagoon or bay? '�,. Yes No �i�'�i v��� v►1��^'�. Noise: Describe noise sources and timtng of activity generated by your project during construction: _ +'�'aw. � . +� � , - - rJ . . - ,.,G., s: ia Noise sources generated during operation of facility: �, �_���-�- Vibration: VJill the proposal cause vibration that may affect adjacent properties? Describe any potential sources of vibration: ty� T —_ Exterior Lighting: Please describe any proposed exterior lighting of the facility�: �'��,�, -� Water: EYpected amount of water usage: Domestic �' � eal/day Peak use �s"'` �al/min Commercial .t.-,� eal/day Peak use -���` gaUmin Expected fire tlow demand ��'_�` " galimin As per the C.3 regulations set forth b�� the California Regional Water Quality Control Board, please respond to the following questions: 1. Would the proposed project result in an increase in pollutant discharges to receiving waters? ° Refer to City of Burlingame Exterior tllumination Ordinance (No. ] 477) regardin� requirements which limit exterior illumination in both residential and commercial zones. ENVREV.FRM City of Burlingame Planning Department �01 Vrimrose Road P(650) �58-72�0 F(6?0) 696-3790 www.burlin an�e_org 2. Would the proposed project result in signiticant alteration of receiving �vater quality during or followingconstruction? ��� 3. �v'ould the proposed project result in increased impervious surfaces and associated increased ninoff? �'� � , _ _ 4. Would the proposed project create a significant adverse environmental impact to drainage patterns due ro changes in runoff flow rates volumes? �a�,� � 5. Would the proposed project result in increased erosion in its watershed? No . 6. Is the project tributary to an atready impaired water body, as listed on the Clean Water Action Section 303(d) list? If so �� ill it result in an inerease in any pollutant for which the �vater body is already impaired? No . 7. Would the proposed project have a potential significant environmental impact on surface water quality, to marine, fresh, or wetland waters? No . 8. Would the proposed project have a potentially significant adverse impact on ground w�ater quality? No. 9. Will the proposed project cause or contribute to an esceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? No . l0. Will the project impact aquatic, wetland, or riparian habitat? Yes, the project would impact approximately 840 sq. ft.(0.02 acres) of freshwater emergent wetland within a drainage channel. Sewer: Espected daily sewer discharge t�''��� i���- Source of wastewater• discharge on site (i.e. restrooms, restaurants, laboratory, material processing, etc.) LNVRLV.I�RM City of Burlingame Planning Department 501 Prirnrose Road P(650) 558-7250 F(650) 696-3790 www.burlineame.ore General: Are the following items applicable to the project or its effects? Provide attachment to explain nature of all items checked `yes'. Yes No Change in scenic views or vistas from existing residential areas or public lands or roads. X Change in existing features of any bays, tidelands, beaches, or hiis, or substantial alteration of ground contours. Change in pattern, scale or character of generak area of project. X Significant amounts of solid waste or litter. Change in dust, ash, smoke fumes or odors in vicinity. X X Change in bay, lagoon, stream, channel or groundwater quality or quantity, or alteration of existing drainage patterns. X Substantia) change in e�tisting noise or vibration levels in the vicinity (during X construction and/or during operation). _ Site on filled land or on slope of ] 0°/n or more. � Use or disposal of potentially hazardous materials, such as toxic substances, flammable materials or explosives. X Substantial change in demand for municipal services (police, fire water, sewage) X Substan[ial increase in fossil fue! consumption (oil, natural gas, etc.). X Relationship to a larger project or series of projects. CERTIFICATION I hereby certify that the stazements fumished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are truc and correct to the best of my knowledge and belief. Date Z'��"�� Signat�/ — X � CNVRFV.FRM r 11 • . Project Comments Date: February 19, 2009 To: �ity Engineer (650) 558-7230 �hief Building Official (650) 558-7260 �ity Arborist (650) 558-7254 From: Planning Staff �ecycling Specialist (650) 558-7273 �ire Marshal (650) 558-7600 �1PDES Coordinator (650) 342-3727 �City Attorney Subject: Request for Creek Enclosure Permit and Amendment to Conditional Use Permit for parking in the drainage right-of-way at 1616 Rollins Road, zoned RR, APN: 025-262-510 Staff Review: February 23, 2009 The following items are noted as requirements. Please review and indicate your method of compliance for each item: 1 replace damaged sidewalk, curb, gutters, etc., 2 stormwater drainage, 6 encroachment permit, 7 conform to Planning Commission and City Council actions, 8 NPDES permit requirements and debris storage requirements, lu prOpCYty �WVc'y' Additional requirements: a. provide hydraulics / flow calculations to determine and show 100 year storm event stormwater elevation line on plan for Easton Creek (Noted design criteria per Note 3, Sht C 1 accepted) b. indicate method on plans to protect streambed from deposition of construction debris, while constructing deck over the streambed. c. provide permit from Califomia Fish and Game dept, as necessary. (At minimum, provide copy of application for F/G permit) Si�nature of owner or agent is required on the attached form. Reviewed by: �%� �� Date: ���✓Z/a j � GENERAL BUILDING IMPROVEMENTS Encroachment permit is required for any work in the City's right-of-way. Permit Na — �f>"� 6a,_(�^ �6a � �'�/D PUBLIC WORKS DEPARTMENT CONDITIONS FOR ISSUANCE OF BUILDING PERMITS (THESE CONDITIONS SHALL SE INCLUDED AS A PART OF APPROVED BUILDING PLANS) �I . Replace damaged and displaced curb, gutter and/or sidewalk fronting site. A city encroachment permit is required. � �2. "No storm waters, underground waters draining from any lot, building, or paved areas shall be allowed to drain to � adjacent properties nor shall these waters be connected to the city's sanitary sewer system. These waters shall all drain to either artificial or natural storm drainage facilities by gravity or pumping regardless of the slope of the propertv. No rain water from roofs or other rain water drainage shall discharge upon a public sidewalk (except in single family area)." Municipal code sections 18.08.010( i). � Storm water shall be drained through a curb drain or to the storm drainage system. See city standards for curb drain design. [] Provide elevations to confirm drainage and site design. [] Flood zone [] requires flood zone confirmation and/or protection of habitable space. [] 3. The sanitary sewer ]ateral (building sewer) shall be tested per ordinance code chapter 15.12. Testing information is available at the Building department counter. An encroachment permit is required from the Public Works department whenever the city's portion of the sewer lateral or city's cleanout is to be laid and/or connected to the sewer mains. [] 4. Sewer backwater protection certification is required for the installation of any new sewer fiacture per Ordinance Nc. 1710. [] 5. All water lines connections to city water mains for services or fire line protection are to be installed per city standard procedures and material specifications. Contact the city Water deparhnent for connection fees. All fire services and services 2" and over will be installed by builder. �6. �7. i '�8. � r]9. �'� 10 [] 11 Construction and building use shall conform to conditions as described by planning commission and/or city council actions. The project shall comply with the city's NPDES permit requirements to prevent storm water pollution. New driveway or driveway widenin� must be approved by the City Engineer. Show distance between the proposed driveway opening to the closest adjusted driveway on site plan. f� PiOPeifj� SlliVCj� 15 r0qlll�Cd lI 2I1V p3r[ OI PerRl3IleI14 SiCI1CI11PZ lY1ClUulii� iuuiiii� iS wiihiII i��� vi j�ivj�ciiy iiR�. A sewer connection fee is required prior to permit issuance. Fill out attached worksheet. �] 12. 5ewer Use Code will be changed from to The undersigned permittee agrees to the aforestated requirements as conditions of issuance for the attached plans. All work shall be done in accordance with current City standards. X X Rev.4(3/07 Signature of owner or agent Tit1e Address: �� �� �6 /�� S !� Gi. Datz Representing 5:44 PubGc lb'orks D'vectory��F'ORMS�Building Pecmit CONDITIONSIGENERAL BUILDI?JG IMPR��pd � Project Comments .� Date To: From: February 19, 2009 ❑ City Engineer (650) 558-7230 X Chief Building Official (650) 558-7260 ❑ City Arborist (650) 558-7254 ❑ Recycling Specialist (650) 558-7273 ❑ Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Planning Staff Subject: Request for Creek Enclosure Permit and Amendment to Conditional Use Permit for parking in the drainage right-of-way at 1616 Rollins Road, zoned RR, APN: 025-262-510 �taff Review: February 23, 2009 Comments that address the creek crossing only: 1) On the plans specify that this project will comply with the 2007 California Building Codes (CBC). 2) Anyone who is doing business in the City must have a current City of Burlingame business license. 3) Provide a building permit application and five complete sets of plans to the Building Division for plan review and approval. 4) Provide fully dimensioned plans. 5) Provide existing and proposed elevations. 6) Obtain approval from the Department of Fish and Game. Reviewed by: � —�� Date: -� Project Comments Date: To: From: February 19, 2009 ❑ City Engineer (650) 558-7230 ❑ Chief Building Official (650) 558-7260 ❑ Recycling Specialist (650) 558-7273 d Fire Marshal (650) 558-7600 ❑ City Arborist (650) 558-7254 Planning Staff ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Subject: Request for Creek Enclosure Permit and Amendment to Conditional Use Permit for parking in the drainage right-of-way at 1616 Rollins Road, zoned RR, APN: 025-262-510 Staff Review: February 23, 2009 No comments at this time. Reviewed by: ��L��� Date: z 3 ��ocf. Project Comments Date To: From: February 19, 2009 0 City Engineer (650) 558-7230 � Chief Building Official (650) 558-7260 � City Arborist (650) 558-7254 Planning Staff 0 Recycling Specialist (650) 558-7273 � Fire Marshal (650) 558-7600 X NPDES Coordinator (650) 342-3727 � City Attorney Subject: Request for Creek Enclosure Permit and Amendment to Conditional Use Permit for parking in the drainage right-of-way at 1616 Rollins Road, zoned RR, APN: 025-262-510 Staff Review: February 23, 2009 No additional comments For additional assistance, contact Kiley Kinnon, Stormwater Coordinator, at (650) 342-3727. Reviewed by: ��� � ✓% � Date: �� � ✓ /r� �, � RESOLUTION APPROVING MITIGATED NEGATIVE DECLARATION, CREEK ENCLOSURE PERMIT AND AMENDMENT TO CONDITIONAL USE PERMIT RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for Mitiqated Neqative Declaration, Creek Enclosure Permit and Amendment to Conditional Use Permit for automobile storage in the drainape right-of wav at 1616 Rollins Road and 1625 Adrian Road, zoned RR, Saniavlyn Company, propertv owner, 364 Bush Street, San Francisco CA, 94104 (APN: 025-262-510) and William D. Spencer, propertv owner 99 S. Hill Drive Brisbane, CA, 94005 (APN: 029-262-330); WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on Mav 11, 2009, 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 Initial 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 a Mitigated Negative Declaration, per Mitigated Negative Declaration ND-550-P, is hereby approved. 2. Said Mitigated Negative Declaration, Creek Enclosure Permit and Conditional Use Permit are approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Mitigated Negative Declaration, Creek Enclosure Permit and Conditional Use Permit are set forth in the staff report, minutes, and recording of said meeting. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. Chairman I, , Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 11th dav of Mav, 2009 by the following vote: EXHIBIT "A" Conditions of approval for Mitigated Negative Declaration, Creek Enclosure Permit and Conditional Use Permit. 1616 Rollins Road and 1625 Adrian Road Effective May 21, 2009 Page 1 that the project shall be built as shown on the plans submitted to the Planning Division date stamped March 25, 2009, sheets C-2.1 through C-2.8, C-3.1 through C-3.4, ER-1, ER-2, SW-1, L1.1 and L2.1 through L2.3; 2. that the conditions of the City Engineer's March 13, 2009 memo, the Chief Building Official's February 25, 2009 memo, the Fire Marshal's February 23, 2009 memo and the NPDES Coordinator's February 23, 2009 memo shall be met; 3. that the existing K-rail barrier shall be maintained along the top of the drainage ditch; this barrier shall include 13 one-way ramps to allow the movement of frogs back into the drainage ditch, should they be trapped in the parking area; 4. that the entrance to the frog ramps and ramps at the K-rails on the parking lot side shall be checked and be maintained free of debris at least once a month, or more often if necessary; 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; 6. that an Encroachment Permit must be obtained from the City of Burlingame Public Works Department, Engineering Division, for any improvements within the 140' drainage rig ht-of-way; Conditions of Approval for Creek Enclosure Permit: 7. that prior to issuance of a building permit and any work in the drainage channel, the project shall obtain necessary permits to meet the standards of the required permitting agencies including: California Department of Fish and Game, San Francisco Bay Regional Water Quality Control Board, State Water Resources Control Board, U.S. Army Corps of Engineers and U.S. Fish and Wildlife Service; 8. that the applicant and/or property owner shall keep the portion of the drainage channel located at 1616 Rollins Road clear of debris and shall adequately maintain the culvert to insure free flow of the drainage channel and to minimize erosion; 9. that demolition for 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; 10. 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; EXHIBIT "A" Conditions of approval for Mitigated Negative Declaration, Creek Enclosure Permit and Conditional Use Permit. 1616 Rollins Road and 1625 Adrian Road Effective May 21, 2009 Page 2 11. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2007 Edition, as amended by the City of Burlingame; Conditions of Approval for Parking in the Drainage Right-of-Way: 12. that parking within the drainage right-of-way shall be exclusively used for storage of vehicles associated with the automotive service center located at 1625 Adrian Road (approximately 217 spaces) and for overflow parking for an automobile dealership (approximately 95 spaces); vehicles stored by the automotive service center shall only be brought to the site by using the road crossing at the rear of 1625 Adrian Road; 13. that vehicles associated with the automobile dealership shall not be moved during the peak traffic hours, and shall only be moved during off-peak traffic hours from 9:30a.m. to 4:00 p.m. and 6:30 p.m. to 7:00 a.m. on the weekdays, with no time restrictions on moving vehicles on Saturday and Sunday; there shall be no car carriers used to deliver vehicles to the site or remove them, nor shall car carriers be parked in the public right-of- way to load or unload cars from this site; 14. that all the vehicles in the drainage right-of-way shall be relocated during any flood situations and shall be the responsibility and liability of the property owner; and it is the responsibility of the business to make tow trucks available to move any vehicles stored on the site that are not in operable condition; 15. Applicant shall provide a hold harmless agreement in a form approved by the City Attorney that provides as follows: A. Owner agrees and understands that some of the parking proposed in the application is to be located in a drainage area that is subject to periodic flooding. The Owner has obtained professional analysis of the effects and impacts of the drainage area. B. Owners agrees and affirms that Owner is relying solely on Owner's own knowledge and the representations of Owner's own experts and consultants in designing, constructing, and using the project and in no way relying on any representations or analyses of the City or any of its officers or employees in proceeding with the construction and uses. C. Owner agrees that Owner shall defend and indemnify the City, its officers and employees against, and will hold them and each of them harmless from any and all actions, claims, damages to persons or properties, penalties, obligations, and liabilities, including any attorneys fees or associated costs, that may be asserted by any person arising from the approval, design, location, methods, installation, operation, and existence of the parking within the drainage area approved by the City. D. This agreement shall be recorded by the City in the Official Records of the Recorder of San Mateo County. EXHIBIT "A" Conditions of approval for Mitigated Negative Declaration, Creek Enclosure Permit and Conditional Use Permit. 1616 Rollins Road and 1625 Adrian Road Effective May 21, 2009 Page 3 16. that all runoff created during construction and future discharge from the site will be required to meet National Pollution Discharge Elimination System (NPDES) standards; 17. that each storm water inlet on the site shall be equipped with a sand/oil separator; all sand/oil separators shall be inspected and serviced on a regular basis, and immediately following periods of heavy rainfall, to ascertain the conditions of the chambers; maintenance records shall be kept on-site; 18. that drainage from paved surfaces, including parking lots, driveways and roofs shall be routed to storm water inlets equipped with sand/oil-separators and/or fossil filters, then the water shall be discharged into the storm drain system; the property owners shall be responsible for inspecting and cleaning sand/oil separators and changing fossil filters on a regular basis as well as immediately prior to, and once during, the rainy season (October 15 — April 1); 19. the property owner shall provide access easement rights to the City of Burlingame for maintenance with the drainage easement. The City of Burlingame shall be held harmless for any property damage which might occur as a result of flooding within the drainage easement adjacent spur track right-of-way; 20. the improvements over the drainage channel shall not compromise the surface drainage flow to the drainage ditch at the rear of 1616 Rollins Road and shall not compromise the holding capacity of the basin during flooding; all the vehicles shall be relocated during flood situations; 21. that if required for any improvements, the applicant shall amend the California Department of Fish and Game and U.S. Army Corps of Engineers permits for any operational or physical changes made for these uses in this drainage area, and if those permits are not issued and maintained these uses shall cease; Mitigations from initial Study: 22. A design-level geotechnical report shall be required for the project. 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; 23. The project design shall meet all the requirements of the California Building and Fire Code, 2007 edition, as amended by the City of Burlingame. The grading plan shall be prepared by a licensed Engineer and approved by the City Engineer before a grading permit is issued. All applicable requirements of National Pollutant Discharge Elimination System (NPDES) shall be adhered to in the design and during construction, including the following listed below; 24. The applicant shall submit a grading plan and erosion control plan for review and approval by the City Engineer; EXHIBIT "A" Conditions of approval for Mitigated Negative Declaration, Creek Enclosure Permit and Conditional Use Permit. 1616 Rollins Road and 1625 Adrian Road Effective May 21, 2009 Page 4 25. The applicant shall submit an erosion and sedimentation control plan describing Best Management Practices (BMP's) 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; 26. Off-site runoff shall be diverted around the construction site and all on-site runoff shall be diverted around exposed construction areas; 27. 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; 28. The erosion and sedimentation control plans should include notes, specifications, and/or attachments describing the construction operation and maintenance of erosion and sediment control measures, including inspection frequency; methods and schedule for grading, excavation, filling clearing of vegetative cover and mulch, including methods and schedules for planting and fertilization; and provisions for temporary and permanent irrigation; 29. All applicable requirements of NPDES for runoff and drainage will be adhered to in the design and during construction; 30. The applicant shall implement spill prevention measures to control the storage and handling of any hazardous materials, including concrete, at the construction site; 31. At no times shall hazardous materials be released and discharged into the drainage channel; 32. Any accidental spill or hazardous substances shall be reported to the City of Burlingame, the San Mateo County Environmental Health Department, and the California Department of Fish and Game within 24 hours of the release or spill. The applicant shall implement a corrective action plan to contain and cleanup the release within 24 hours of the accident or release; 33. Any additional applicable requirements of NPDES for runoff and drainage, as well as any requirements of the Department of Fish and Game and U.S. Army Corps of Engineers will be adhered to in the design and during construction; 34. No vehicles or equipment shall be cleaned, fueled or maintained on-site, except in designed areas where runoff is contained and treated; EXHIBIT "A" Conditions of approval for Mitigated Negative Declaration, Creek Enclosure Permit and Conditional Use Permit. 1616 Rollins Road and 1625 Adrian Road Effective May 21, 2009 Page 5 35. All clearing limits, easements, setbacks, sensitive or critical areas, buffer zones trees, and drainage courses are clearly delineated with field markers or fencing and that adjacent properties and undisturbed areas are protected from construction impacts with vegetative buffer strips, sediment barriers or filters, dikes or mulching; 36. Clearing, earth moving activities and the application of pesticides and fertilizers shall be performed only during dry weather (April 15 through October 15); 37. If construction is done during the wet season (October 1 through April 30), that prior to October 15 the developer shall implement a winterization program to minimize the potential for erosion and polluted runoff by inspecting, maintaining and cleaning all soil erosion and sediment control prior to, during, and immediately after each storm even; stabilizing disturbed soils throughout temporary or permanent seeding, mulching matting, or tarping; rocking unpaved vehicle access to limit dispersion of mud onto public right-of-way; covering/tarping stored construction materials, fuels and other chemicals; 38. Staging areas and access routes to the work area shall be delineated and inspected by the project biologist prior to establishment to avoid unnecessary impacts to California red-legged frogs, San Francisco garter snakes and their habitat; 39. Exclusion fencing shall be erected around the project boundary prior to the onset of project activities. Fencing will be a minimum of 3 feet in height and buried in the soil to inhibit California red-legged frogs and San Francisco garter snakes from entering the project area; once the exclusion fence is installed, a pre-construction survey will be conducted to ensure that no San Francisco garter snakes or California red-legged frogs are present in the restoration area; 40. A US Fish and Wildlife Service-approved biologist shall be onsite during ground- disturbing activities and will have the authority to halt any action that might result in impacts to California red-legged frogs or San Francisco garter snakes. The Service- approved biologist will survey the work site prior to the start of the day's activities. If California red-legged frogs are found, the approved biologist will ensure that the individual(s) is moved safely away from the work site before work activities begin. If San Francisco garter snake(s) are found, DFG will be notified for guidance and the animal will be allowed to disperse away from the project area. Only Service-approved biologists may participate in activities associated with the capture, handling, and monitoring of California red-legged frogs and San Francisco garter snakes; 41. Before any construction activities begin, worker education and awareness training shall be conducted for all construction crews and contractors that access the site for any period of time. The education training will be conducted prior to starting work on the project and upon the arrival of any new worker. The training will include a brief review of the California red-legged frog and the San Francisco garter snake life history, field identification, habitat requirements, location of sensitive areas, possible fines for violations, avoidance measures, and correction actions if sensitive species are encountered. The program will cover the mitigation measures, environmental permits and regulatory compliance requirements as applicable. In addition, a record of all personnel trained during the project will be maintained for compliance verification; EXHIBIT "A" Conditions of approval for Mitigated Negative Declaration, Creek Enclosure Permit and Conditional Use Permit. 1616 Rollins Road and 1625 Adrian Road Effective May 21, 2009 Page 6 42. During project activities, all trash that may attract predators shall be properly contained, removed from the work site and disposed of regularly. Following construction, all trash and construction debris will be removed from work areas; 43. All practicable erosion control Best Management Practices (BMPs) shall be implemented to minimize the potential of impacts to water quality; 44. No smoking except in vehicles shall be permitted within vegetated areas; 45. Trash dumping, firearms, open fires, hunting, and pets shall be prohibited; 46. To mitigate impacts to the wetland habitat for CRF and SFGS, the project shall a) remove invasive plant species from the 0.2 acre ruderal area and replant with native riparian floodplain plant species or contribute an in lieu fee for habitat restoration that assists in the recovery of the California red-legged frog and/or San Francisco garter snake that is commensurate with the impacts of this project (i.e. 0.009 acres of freshwater emergent wetland); b) install a drainage collection system on site to treat stormwater pollutants that currently drain untreated from the parking areas and into the drainage; 47. To avoid impacts to nesting birds within the project area, including the saltmarsh common yellowthroat, preconstruction surveys for nesting birds shall be conducted prior to construction between: February 15 and August 31. If active nests are found, and project activities could potentially impact nesting success, the US Fish and Wildlife Service Migratory Bird Treaty Office and the Department of Fish and Game shall be consulted for guidance and all necessary permits would be obtained; 48. If construction is done during the wet season (October 1 through April 30), that prior to October 15 the developer shall implement a winterization program to minimize the potential for erosion and polluted runoff by inspecting, maintaining and cleaning all soil erosion and sediment control prior to, during, and immediately after each storm even; stabilizing disturbed soils throughout temporary or permanent seeding, mulching matting, or tarping; rocking unpaved vehicle access to limit dispersion of mud onto public right-of-way; covering/tarping stored construction materials, fuels and other chemicals; 49. Maintenance of construction equipment within 100 feet of the drainage location shall be prohibited; 50. Areas of bare soil shall be reseeded, planted, or otherwise stabilized with erosion control as soon as possible after work has ceased and prior to the onset of the rainy season (October 31); 51. Storage of any hazardous materials shall be prohibited within 100 feet of wetlands or other waters; 52. No invasive nonnative plants, as listed by the California lnvasive Plant Council on-line database (Cal-IPC 2008), should be planted on the property at 1625 Adrian Road or within the adjacent drainage channel; EXHIBIT "A" Conditions of approval for Mitigated Negative Declaration, Creek Enclosure Permit and Conditional Use Permit. 1616 Rollins Road and 1625 Adrian Road Effective May 21, 2009 Page 7 53. The property owner shall provide access easement rights to the City of Burlingame for maintenance with the drainage easement. The City of Burlingame shall be held harmless for any property damage which might occur as a result of flooding within the drainage right-of-way; 54. Parking shall be setback from the foot of these towers and adequate access provided by parked "lanes" on the pavement through parking areas to insure continued access for maintenance and repair of these structures at all times without damaging sensitive environmental resources on the site or in the area; 55. Construction of the box culvert and road crossing shall not compromise the surface drainage flow to the drainage ditch at the rear of 1616 Rollins Road and shall not compromise the holding capacity of the basin during flooding. No fencing shall obstruct existing surface drainage into and through the drainage right-of-way from the adjacent parcels. All the vehicles shall be relocated during flood situations; and 56. If any prehistoric or historic archeological relics are discovered during grading and construction, all work will be halted until the finding can be fully investigated and proper protection measures, as determined by qualified experts, can be implemented. —'� CITY OF BURLINGAME �� �� _ - �° ' COMMUNITY DEVELOPMENT DEPARTMENT BURLINGAME 501 PRIMROSE ROAD ' ��� � BURLINGAME, CA 94010 ' _ —4�' ,;� . PH: (650) 558-7250 � FAX: (650) 69� 3790 r www.burlingame.org �..-`'-� �� .y� Site: 1616 ROLLINS RD. & 1625 ADRIAN RD. �� PIJ�LIC HEAFtInIG The City of Burlingame Planning Commissian announces the fallowing pu6lic hearing on MONDAY, MAY 11, 2009 at 7:00 P.M. in the City Hall Council Chambers, 501 Primrose Road, Burlingame, CA: Application for Mitigated Negative Declaration, Creek Enclosure Permit and Amendment to Conditional Use Permit for automohile storage in the drainage right-of- way at 1616 ROLLINS ROAD & 1625 ADRIAN ROAD zoned RR. APNs 025-262-510 & 025-262-330 Mailed: May 1, 2009 (Please refer to other side) Cifv of �ur6in� i�'_ A copy of the application and plans r`or this project may be reviewed prior to the meeting at the Community Development Department at 501 Primrose Road, Burlingame, California. If you challenge the subject application(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing, d2SCflb@d Ill Til@ f10tiC@ Of ifl V�ii`I`lieil uui i cSj�vi iuci iCc ucl�V�� �� �C �h� Clty ut pr prior to the public hearing. Property owners who receive this notice are responsible for informing their tenants about this notice. For additional information, please call (650) 558-7250. Thank you. William Meeker Community Dsvelopment Director - = . -�- " ��.��u,r�s � y^_ yiJ��R•.'sL (Please refer fo other side) $ y '+ A �,v., ,,`°h'!�,�b' �a `�F ��„-' +� r`,,. w'�:r-i+" ."�1 �y �`y� ��+a,,.' :. .. Y�- �� +am� �� ' .� � � �9. 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