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HomeMy WebLinkAbout998 Howard Avenue - Staff Report� • Item No. 7a � � Consent Calendar City of Burlingame One-Year Extension Address: 988 Howard Avenue Meeting Date: March 27, 2017 Request: Application for a One-year Permit Extension of a previously approved application for Design Review for an application for Environmental Review, Commercial Design Review, Conditional Use Permit for building height, and Rear Setback Variance for a new 3-story commercial building. Applicant: Dimitrios Sogas APN: 029-214-220 Architect: Toby Levy, Levy Design Partners Property Owners: Robert Lugliani General Plan: Shopping and Service- Downtown Specific Plan (Myrtle Road Mixed Use Area) Lot Area: 15,352 (0.35 Acres) Zoning: MMU (Myrtle Road Mixed Use Area) Adjacent Development: Auto sales, service and storage; residential and single family residential, railroad right-of-way Current Use: Gas Station/Automobile Repair Proposed Use: 3- Story Commercial Building (retail/office) Allowable Use: Retail, Personal Services, Business Services, Government Agencies. retail and personal service, multiple-family Service Commercial, Office, Travel Agencies, Summary of Request: The applicant is applying for a one-year extension of a previously approved application for Environmental Review, Commercial Design Review, Conditional Use Permit for building height and Rear Setback Variance for a new 3-sotry commercial building. The project was originally approved by the Planning Commission on March 14, 2016 (March 14, 2016 Planning Commission Minutes attached). The applicant has provided reduced sets of the approved plans, date stamped March 9, 2016. There are r�o changes proposed to the originally approved project. The Planning Commission approval of this application became effective on March 24, 2016. This approval is valid for a period of one year during which time a building permit must be issued. The applicant applied for a building permit on June 29, 2016, however a permit has not yet been issued. An additional one-year extension may be considered by the Planning Commission. If the extension is not granted, the property owner must reapply with a new application. The applicant's extension request letter, dated March 10, 2017, notes that there were some substantial design changes needed to the foundation and therefore their consultants needed additional time to complete this work, which delayed the permit processing. They have submitted their third set of revisions to the Building Division and hope to have their permit issued soon. Project Description of Previously Approved Project: The subject property is located at 988 Howard Avenue. The site is bound by three streets, East Lane, Howard Avenue and Myrtle Road. The narrowest portion of a parcel is considered the frontage for zoning purposes; in this case Myrtle Road is considered the front of the property. The site is currently occupied by a gas station and automobile repair shop. Abutting the property to the north is an automotive service garage, across the street to the south is an automobile storage lot, across the street to the east is a two-story mixed use building with retail and personal services on the ground floor and residential above, and across the street to the west are the railroad tracks with automobile sales and service beyond (along California Drive). The applicant is proposing to construct a new three-story commercial building. The proposed building will contain 1,325 SF of retail space on the ground floor with 22,295 SF of office space on the two floors above. The proposal also includes a 3,500 SF roof deck. The building height proposed is 45-feet. There will be at-grade parking located behind the lobby and retail space on the ground floor, with access off of East Lane. In addition there will be below-grade parking provided as well with access off of Howard Avenue with a total of 67 on-site parking spaces provided including one permanent car sharing space. One —Year Permit Extension 988 Howard Avenue The retail space will be accessible from both Howard Avenue and Myrtle Road. The main entrance to the lobby to access the second and third floor office spaces will be along East Lane. At this time the office space is being designed to accommodate either a single tenant or multiple tenants. In addition to the roof deck that is proposed, both floors of office will provide multiple deck areas along the three street facing sides of the building. The following applications are requested for this project: ■ Commercial Design Review (Code Section 25.57.010(c)); ■ Conditional Use Permit for building height (45'-0" proposed where 35'-0" is the maximum allowed without a CUP) (C.S. 25.34.055); ■ Rear Setback Variance (10'-0" rear setback proposed where 20'-0" is the minimum required) (C.S. 25.34.060(c)) The original application also included a request for a Parking Variance for 5 on-site parking spaces (68 on-site parking spaces provided where 73 parking spaces are required for the proposed uses). However the Downtown Specific Plan allows on-site parking requirements to be reduced by up to 10% (as determined by the Community Development Director) for developments with at least one car share facility provided on-site. The project has subsequently provided one permanent car share space (allowing a reduction of up to 7 spaces) and the Parking Variance request has been withdrawn from the application. Table 1 below provides a comparison of the proposed project (including earlier versions) to the Myrtle Mixed Use (MMU) development standards. Table 1— 988 Howard Avenue Lot Area: 15,352 SF 0.35 Acres Plans date stam ed: March 9, 2017 ORIGINAL PROPOSAL REVISED PROPOSAL CURRENT PROPOSAL ALLOWED/REQUIRED JuNE 13, 2015 AuGusT 12, 2015 JANUARY 4, 2016 & FEBRUARY 23, 2016 Use Office — 22,225 SF Office — 22,295 SF Office — 22,295 SF Office Use — Permitted Retail Uses —1,325 SF Retail Uses —1,325 SF Retail Uses —1,325 SF C.S. 25.34.020(e) Retail Use — Permitted C.S. 25.34.020 a SETBACKS Front: 20'-0" 20'-0" 20'-0" 10'-0" (Myrtle Road) Side (interior): 0 0 0 None Required (exterior): 5'-0" 5'-0" 5'-0" None Required Rear: 10'-0"' 10'-0"' 10'-0"' 20'-0" (East Lane) BUILD/NG ENVELOPE: Lot Coverage: 20'-0" 20'-0" 20'-0" 11,514 SF 75% 0 0 0 Heights over 35'-0" Height: 45'-0"2 45'-0" 2 45'-0" 2 require CUP u to maximum of 45' Page 2 of 14 One —Year Permit Extension 988 Howard Avenue ORIGINAL PROPOSAL REVISED PROPOSAL CURRENT PROPOSAL ALLOWED/REQUIRED JUNe 13, 2015 AUGusT 12, 2015 JANUARY 4, 2016 8� FEBRUARY 23, 2016 OFF-STREET PARK/NG; Number of 60 spaces 68 spaces 67 spaces Office -1 space / 300 Parking Standard 44 Standard 30 Standard 30 SF Spaces: ADA 3 ADA 3 ADA 3 Retail - 1SFace / 400 Stacker 5 Stacker 27 Stacker 25 Tandem 8 Tandem 8 Tandem 8 Total 60 Total 68 Carshare 1 Office: Total 67 20,880 SF/300= 69.6 sp Retail: 1,325 SF/400 = 3.31 Subtotal = 73 spaces Carshare Bonus (10%)= 7 spaces max = 66 s aces Drive Aisle/ 24'-0" 24'-0" 24'-0" 24'-0" aisle for 90° Clear Back-up parking or exit in 3 S ace: maneuvers or less Parking Standard spaces = Standard spaces = Standard spaces = Standard spaces = Space 8'-6" x 18' 8'-6" x 18' 8'-6" x 18' 8'-6" x 18' Dimensions: Driveway 12'-0" driveway width- 12'-0" driveway width- 12'-0" driveway width- Parking areas with not Width: East Lane entrance East Lane entrance East Lane entrance more than 30 vehicle (21 vehicles) (30 vehicles) (30 vehicles) spaces shall have a minimum driveway width of 12'-0" 18'-0" driveway width- 18'-0" driveway width- 18'-0" driveway width- Howard Avenue Howard Avenue Parking areas with more Howard Avenue entrance entrance than 30 vehicle spaces entrance (38 vehicles) (38 vehicles) shall have a minimum (39 vehicles) driveway width of 18'-0" LANDSCAPING: Landscaping: 78% 78% 78% 10% of front setback (820 SF) (820 SF) (820 SF) 1,050 x 10%= 105 SF 1 Kear setbacK variance requested tor a 10'-0" rear setback where a minimum of a 20'-0" rear setback is required. 2 Conditional Use Permit required for 45'-0" height where 35'-0" is the maximum allowed without a CUP. 3 Parking variance had been requested for 5 spaces; 68 on-site parking spaces proposed where 73 on- site spaces are required. Variance request has been withdrawn with provision of carshare space. 4 Carshare bonus/credit requested for up to 10% reduction in onsite parking (maximum 7 spaces) for providing 1 permanent carshare space. Page 3 of 14 , One —Year Permit Extension 988 Howard Avenue January 11, 2016 Action Meeting: On January 11, 2016 the Planning Commission held a public hearing to take action on the proposed project. The Planning Commission had several comments at that meeting (refer to attached 1/11/16 minutes). -Comments from various commissioners included: • Do not like ground level with two driveways into two different garages - takes up too much ground floor space, one parking entrance would be better; • Would prefer to see less parking on ground floor; • Retail is in right location — adds urban vibrancy on ground floor; • Retail on East Lane would not be successful; • Retail is on wrong side of the project; • Like simplicity of Myrtle Road elevation; • Liked the East Lane elevation on the first design; too boxy now; • Architectural design is supportable-applicant has been responsive to design suggestions; • Not compatible with the neighborhood; • Not sure this is the right building for this location; • Consider reducing building height, which would reduce parking requirement; • Height is acceptable - buildings within 1 or 2-blcoks that are similar height as proposed; • Taller plate heights are needed for office; • Height and massing are too big for this gateway location on the edge of a residential area; and • Would like to see more trees- larger trees; and The applicant submitted a response letter, dated March 4, 2016, and revised plans, date stamped February 23, 2016, to address the Planning Commission's comments from the January 11, 2016 meeting. In summary staff notes that the building footprint, number of parking spaces, parking layout and access, overall building height and square footage remain unchanged from the previous proposal. However, the major change was to the building "skin" to address the Commission's concerns, with the additional changes summarized below: • Myrtle Elevation: portion of building parapet lowered by 42-inches with a reduction to the size of the roof deck from 3,800 SF to 3,500 SF; • Horizontal sun shade projection on top of upper floor windows lowered; � Composite wood siding material eliminated and replaced with cement panel siding; and • Change to tree selection for new planting to increase overall mature height (40'-55'). June 8, 2015 Study Meeting: On June 8, 2015 the Planning Commission held an environmental scoping meeting and design review study meeting for the proposed project. The Commission had several comments at that meeting. Please refer to the attached minutes for the complete overview. A brief summary is provided below: • Parking variance needs additional findings, hard to justify for a new building; • Consider going two stories below for parking or add more stackers; • Height is a concern; how will it fit in with the neighborhood- consider stepping back top floor; • Concerned with Myrtle/Howard fa�ade; • Building is not a good extension of downtown or transition into the residential neighborhood; • Design should provide a buffer between downtown and residential area; and • Architectural style, scale and massing should blend with surrounding area. The applicant submitted a response letter, revised plans and renderings date stamped August 12, 2015, to respond to the Planning Commission's comments. Page 4 of 14 , One —Year Permit Extension 988 Howard Avenue September 14, 2015 Study Meeting: On September 14, 2015 the Planning Commission held a follow-up design review study meeting for the proposed project to consider the revisions that had been made to the design. Please refer to the attached minutes for the complete overview. A brief summary is provided below: • Car sharing seems like a good opportunity; • Parking variance may be difficult to support, though the shortage is modest; • There are taller buildings in the area and this will not be the tallest. However building height should provide a buffer to the residential neighborhood to the East; • Wings on front fa�ade of previous design helped lessen the sense of mass; • There may be more materials in the palette than necessary, and the logic in the material transitions needs to be more clear; • Retail space will be a benefit, but may need designated parking depending on the specific use; • Office is good for the location, and the building height provides a buffer from the railroad tracks. The applicant submitted revised plans and renderings date stamped January 4, 2016, to respond to the Planning Commission's comments. Environmental Review: The June 8, 2015 Planning Commission meeting included environmental scoping as well as design review. An Initial Study (IS) was prepared by Circlepoint environmental consultants. Based on the Initial Study, a Mitigated Negative Declaration (MND) has been prepared for review by the Planning Commission. As presented the Mitigated Negative Declaration identified issues that were "less than significant with mitigation incorporation" in the areas of aesthetics, air quality, biological resources, cultural resources, geology/soils, hazards/hazardous materials, and noise. Based upon the mitigation measures identified in the Initial Study, it has been determined that the proposed project can be addressed 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 Initial Study/Mitigated Negative Declaration No. 587-P). The mitigation measures in the Initial Study have been incorporated into the recommended conditions of approval (in italics). The Mitigated Negative Declaration was circulated for public review on November 16, 2015, and the required 20-day public review period concluded on December 7, 2015. No comments were received during the review period, and no comments on the IS/MND have been received as of the publication of this staff report. Design Review: Design Review is required for new commercial buildings pursuant to C.S. 25.57.010(c)(1). Design Review was instituted for commercial projects in 2001 with the adoption of the Commercial Design Guidebook. While there was already a design review study session for this project on June 8, 2015 the applicant requested a second study meeting to get additional feedback on the revised project from the Planning Commission while the CEQA document for this project is being prepared. The subject property is located within the boundaries of the Downtown Special Plan therefore in addition to the guidelines provided in the Commercial Design Guidebook, there are design recommendations provided in the Chapter 5.0 of the Downtown Specific Plan that apply to the proposed project. The site is located in the Myrtle Road Mixed Use Area, which has specific design provisions that apply as noted in Section 5.2.4 (Page 5-7) of the Downtown Specific Plan. General Plan and Zoning: The Burlingame General Plan designates this site for Shopping and Service Uses. In 2010 the City Council adopted the Burlingame Downtown Specific Plan, which serves as an element of the General Plan. The subject property is located within the boundaries of the planning area for the Downtown Specific Plan, specifically in the Myrtle Road Mixed Use Area. The Plan describes the Myrtle Road Mixed Use Area as follows: Page 5 of 14 One —Year Permit Extension 988 Howard Avenue The Myrtle Road Mixed Use area is centered on Myrtle Road and East Lane, east of the CalTrain railroad tracks. Development will be consistent with the existing neighborhood sca/e of small streets and mix of varied commercial and residential buildings. Existing residential and commercial properties could be improved and expanded at a scale consistent with the adjacent residential areas. The area is meant to serve as a buffer between the downtown commercial district and the residential neighborhoods to the east. Parking and Trip Generation: The code requires one parking space for each 300 SF of office space and one parking space per 400 SF of retail space, for a total of 73 on-site parking spaces required given the proposed square footage. However the Downtown Specific Plan allows on-site parking requirements to be reduced by up to 10% for developments with at least one car share facility provided on-site, which would reduce the required parking to a minimum of 66 spaces. The project includes 67 on-site spaces, including a car share space. The ground floor includes 29 spaces tucked behind the retail space and office lobby with an entrance along Howard Avenue. The ground floor parking includes five, 5-car puzzle stackers, three accessible parking spaces, and one car share space. A puzzle stacker is a mechanical parking option that provides independent access to all cars parked on the system. Below grade in the underground garage there will be 38 parking spaces with access from a driveway along East Lane. Eight of the 38 spaces will be provided as tandem spaces. The Municipal Code does not include specifications for parking lifts or stackers, so the City currently does not have a standard mechanism for review and approval. However, as a policy the Downtown Specific Plan encourages "creative approaches" to providing on-site parking including parking lifts. The parking lifts and tandem spaces could each be considered "creative approaches" to providing the required on-site parking. Other Bay Area communities including neighboring San Mateo have approved similar projects with parking lifts. In Burlingame, two residential projects have been approved with parking lifts (one completed at 1225 Floribunda Avenue, one approved but not built at 1433 Floribunda Avenue.) Furthermore the Municipal Code does not include specifications for the provision of car sharing, though the Downtown Specific Plan provides direction with the provision: On-site parking requirements may be reduced by up to 90% (as determined by the Community Development Director) for developments with at least one car share facility provided on-site. The car share program would require recorded easements which must be maintained indefinitely and cannot be modified without the Cify's consent (Downtown Specific Plan page 3-12). Car sharing allows people to rent vehicles for a short period time, generally for a few hours or even a fraction of an hour. Zipcar is one of the more familiar commercial car share providers, but there are a variety of providers offering the service, and some companies choose to operate their own car sharing in the form of fleet or "pool" vehicles. In general, car sharing is one of many tools in a Transportation Demand Management (TDM) strategy that cities use to reduce the impacts on the region's transportation system. Car sharing can reduce private automobile ownership, reduce vehicle miles traveled (VMT) and help encourage the use of transit because there would be reliable transportation available once someone gets off the transit system. For example, office employees may be more likely to utilize transit for their commute if they know a car would be available for midday errands. As further information the applicant has prepared trip generation and parking demand analyses for the proposed project. The analysis, prepared by Nelson Nygaard is attached for reference, memo dated March 4, 2015 and September 8, 2015. In summary the trip generation analyses indicate that due to the project location near the Caltrain station and services, such as Samtrans Route 292 (connects to San Francisco and Millbrae BART), bike routes, pedestrian connectivity and retail services that the number of trips generated will be reduced by 16.2% when compared to standard ITE trip generation rates. The parking demand analysis used ITE's Parking Generation Manual, 4th Edition, and when compared to the City' parking requirements the study indicates that the project would generate a demand for 59 spaces where the City's Zoning Code requires 73 Page 6 of 14 One -Year Permit Extension 988 Howard Avenue spaces. The proposed project will provide 67 on-site parking spaces. Using standard ITE trip generation rates, the existing gas and service station use generates 674 daily trips, where the proposed office use would generate 256 daily trips. However, staff notes that approximately two years ago the owner ceased gasoline sales and currently the site operates as an automobile repair shop only. The gasoline tanks are still on-site and hypothetically the gasoline station use could resume in the future. Rear Setback Variance Request: Code Section 25.34.060 (c) requires properties in the MMU (Myrtle Road Mixed Use) zone to have a rear setback of at least 20-feet. The subject property is bordered by three streets, with Myrtle Road considered the front and East Lane considered the rear of the property. The properties along Myrtle Road are a mix of residential and retail /personal service uses, where East Lane acts as a frontage road along the railroad tracks. In order to have more of an interface with the existing neighborhood the applicant wishes to provide a larger front setback along Myrtle Road and essentially swap the front and rear setback requirement. The project will provide a 20-foot front setback along Myrtle Road, where only 10-feet is required and a 10-foot rear setback along East Lane where 20-feet is required, which will require approval of a rear setback variance. Conditional Use Permit Request for Height: The Myrtle Road Mixed Use District states that no building shall exceed a height of 45-feet. A conditional use permit is required for any building which exceeds thirty-five (35) feet in height. The proposed height, measured to the top of the parapet, will be 45 feet (from average top of curb) to the highest point. Public Impact Fees: The purpose of public impact fees is to provide funding for necessary maintenance and improvements created by development projects. In imposing such fees, cities must necessarily establish a "nexus" between the fee and the impact of a proposed development. Based upon the proposed size of the project, the public impact fees for the project total $202,439.97, based upon the following breakdown: Commercial/Retail Office Existing Automobile Use Service Area 1,325 SF 22,295 SF 4,848 SF fee calculated er 1000 SF fee calculated er 1000 SF fee calculated er 1000 SF General Facilities & $640 x 1.325 = $848.00 $930 x 22.295 = $20,734.35 $(640 x 4.848 = $(3,102.72 Equipment 1 > > — _ ___.--�--- �._._. _..�.. __._.. _._..---._....� Libraries Not applicable Not applicable Not applicable Police $102 x 1.325 = $135.15 $147 x 22.295= $3,277.37 ��1� x 4.848 =$(494.50)__ _Parks and Recreation...... .._$1.1_8 x. 1...325_= $156..35.._._.....__ $172 x....22.295..=....._$3,834.75 --...�..$�118).....x..4.848....._....__ $(572.06).........-- ........ Streets and Traffic .$1810 x 1_325 .$2398 25 �$7,285 x 22 295 $162,419_08 __ ,$�1810) x 4 848 .$�8,774.88) _ _----. . ..._. _....... - - Fire �__ �_ _$248 x 1.325 = $328 60_ _� $360 x 22.295= $8,026.20 $.(248) x 4.848 = $(1,202 30)_ Storm Draina e $442 x 1.325 =$585.65 $717 x 22.295= $15,985.52 $ 442 x 4.848 =$ 2,142.82 Subtotal _ $4,452.00 �_� $214,277.25 ___ $�16,289•28)� $218,729.25 Total $(16,289.28) (credit for existinq automobile use) $202,439.97 This fee is required to be paid in full prior to issuance of a building permit. Staff Comments: See attached comments from the Building, Parks, Engineering, Stormwater and Fire Divisions. Findings for a Mitigated Negative Declaration: For CEQA requirements the Planning Commission must review and approve the Mitigated Negative Declaration, finding that on the basis of the Initial Study and any comments 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. 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Planning Commission Action to Extend Permit to March 24, 2018: 988 Howard Avenue The Planning Commission should conduct a public hearing on the application, and consider public testimony and the analysis contained within the staff report. Action should include specific findings supporting the Planning Commission's decision, and should be affirmed by resolution of the Planning Commission. The reasons for any action should be stated clearly for the record. Please note that the conditions below include mitigation measures taken from the IS/MND (shown in italics). The mitigations will be placed on the building permit as well as recorded with the property and constitute the mitigation monitoring plan for this project. At the public hearing the following mitigation measures and conditions should be considered: 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped March 9, 2016, sheets A0.0 through A4.1, C-1, L-1.1 through L-2.2; 2. 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; 3. that any changes to the size or envelope of building, which would include changing or adding exterior walls or parapet walls, shall require an amendment to this permit; 4. that any changes to building materials, exterior finishes, windows, architectural features, roof height or pitch, and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staffl; 5. that the maximum elevation at the top of the roof parapet shall not exceed elevation 141.56' for a maximum height of 45'-0", and that the top of each floor and final roof ridge shall be surveyed and approved by the City Engineer as the framing proceeds and prior to final framing and roofing inspections. The ground floor finished floor shall be elevation 97.78'; second floor finished floor shall be elevation 111.78'; third floor finished floor shall be elevation 124.78', and the roof level shall be elevation 137.78'. Should any framing exceed the stated elevation at any point it shall be removed or adjusted so that the final height of the structure with roof shall not exceed the maximum height shown on the approved plans; 6. that the project shall include at least one dedicated off-street, car share parking space with the following requirements: a. the car share space shall be maintained in perpetuity and cannot be modified without the City's consent; b. the car share space shall be clearly labeled both with painted in-ground signage as well as eye- level signage; Page 9 of 14 One —Year Permit Extension 988 Howard Avenue c. the car share space shall be accessible to tenants of the building and at the discretion of the building owner may also be available to non-tenant subscribers from outside the building; d. the dimensions of the car share space shall be in accordance with requirements set forth in the Zoning Code for off-street parking spaces. 7. that the 66 on-site parking spaces (excluding the car share space) shall be used only for the tenants and visitors of the commercial/retail and office facilities on this site and shall not be leased or rented for storage of automobiles or goods either by individuals or businesses not on this site or by other businesses for off-site parking; 8. that the conditions of the Building Division's March 20, 2015 and May 14, 2015 memos, the Park's Division's March 16, 2015 and May 19, 2015 memos, the Engineering Division's April 13, 2015 memo, the Stormwater Division's March 17, 2015 and May 12, 2015 memos, and the Fire Division's March 26, 2015 and May 14, 2015 memos shall be met; 9. that prior to issuance of a building permit for the project, the applicant shall pay the first half of the public facilities impact fee in the amount of $101,219.00, made payable to the City of Burlingame and submitted to the Planning Division; 10. that prior to scheduling the final framing inspection, the applicant shall pay the second half of the public facilities impact fee in the amount of $101,220.97., made payable to the City of Burlingame and submitted to the Planning Division; 11. 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; 12. that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 13. that during construction, the applicant shall provide fencing (with a fabric screen or mesh) around the project site to ensure that all construction equipment, materials and debris is kept on site; 14. that storage of construction materials and equipment on the street or in the public right-of-way shall be prohibited; 15. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; 16. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2013 Edition, as amended by the City of Burlingame; The following five (5) conditions shall be met during the Building Inspection process prior to the inspections noted in each condition: 17. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners, set the building envelope; Page 10 of 14 One -Year Permii Extension 988 Howard Avenue 18. that prior to the underfloor frame inspection the surveyor shall certify the first floor elevation of the new structure; 19. that prior to scheduling the framing inspection, the project architect, engineer or other licensed professional shall provide architectural certification that the architectural details such as window locations and bays are built as shown on the approved plans; if there is no licensed professional involved in the project, the property owner or contractor shall provide the certification under penalty of perjury. Certifications shall be submitted to the Building Division; 20. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof parapet and provide certification of that height to the Building Division; 21. that prior to final inspection, Planning Division staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans; Mitigation Measures from Inifial Study Aesthetics 22. The project deve/oper shall install low-profile, low-intensity lighting directed downward to minimize light and glare. Exterior lighting shall be low mounted, downward casting, and shielded. In general, the light footprint shall not extend beyond the periphery of each property. Implementation of exterior lighting fixtures on all buildings shall also comply with the standard California Building Code (Title 24, Building Energy Efficiency Standards) to reduce the latera/ spreading of light to surrounding uses, consistent with Burlingame Municipal Code Section 18.16.030 that requires that all new exterior lighting for commercia/ developments be designed and located so that the cone of light and/or glare from the light element is kept entirely on the property or below the top of any fence, edge or wall. Air Quality 23. The contractor shall implement the following best management practices: a. Al/ exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. Al/ hau/ trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at /east once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. e. Al/ roadways, driveways, and sidewa/ks to be paved shall be comp/eted as soon as possib/e. Building pads shall be laid as soon as possib/e after grading un/ess seeding or soil binders are used. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control Page 11 of 14 One —Year Permit Extension 988 Howard Avenue measure Title 13, Section 2485 of California Code of Regulations (CCR]). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the City of Burlingame regarding dust complaints. This person shall respond and take corrective action within 48 hours. Bay Area Air Quality Management District (BAAQMD) phone number shall also be visible to ensure compliance with applicable regulations. 24. The contractor shall select specific equipment during construction in order to minimize emissions. The equipment selection would inc/ude the regulation that all diesel-powered equipment larger than 50 horsepower and operating on the site for more than two days continuously shall, at a minimum, meet the U. S. EPA particulate matter standards for Tier 2 engines or equiva/ent. Biological Resources 25. If construction activities would commence anytime during the nesting/breeding season of native bird species potentially nesting near the site (typically February through August in the project region), a pre-construction survey for nesting birds would be conducted by a qualified biologist within two weeks of the commencement of construction activities. The pre-construction survey wou/d encompass the project site and surrounding area, within 150 feet, so as to account for construction- related noise. Cultural Resources 26. In the event archaeological resources are encountered during construction, work will be halted within 100 feet of the discovered materials and workers will avoid altering the materials and their context until a qualified professional archaeologist has evaluated the situation and provided appropriate recommendations. 27. A discovery of a paleontological specimen during any phase of the project shall result in a work stoppage in the vicinity of the find until it can be evaluated by a professional pa/eonto/ogist. Should loss or damage be detected, additional protective measures or further action (e.g., resource removal), as determined by a professional paleontologist, shall be implemented to mitigate the impact. 28. In the event that human remains are discovered during project construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains. The county coroner shall be informed to evaluate the nature of the remains. If the remains are determined to be of Native American origin, the Lead Agency shall work with the Native American Heritage Commission and the applicant to develop an agreement for treating or disposing of the human remains. Geology and Soils 29. Project design and construction shall adhere to Title 18, Chapter 18 of the Burlingame Municipal Code, and demonstrate adherence to the latest seismic design parameters as required by the Page 12 of 14 One -Year Permit Extension 988 Howard Avenue California Building Code including, but not limited to, anchorage, load combinations, and structure integrity. Hazards and Hazardous Materials 30. The contractor shall comply with Title 8, California Code of Regulations/Occupational Safety and Health (OSHA) requirements that cover construction work where an employee may be exposed to lead. This includes the proper removal and disposal of peeling paint, and appropriate sampling of painted building surfaces for lead prior to disturbance of the paint and disposal of the paint or painted materials. 31. The applicant shall contract a Certified Asbestos Consultant to conduct an asbestos survey prior to disturbing potential asbestos containing building materials and shall implement the Consu/tant's recommendations for proper handling and disposal. 32. The applicant shall prepare, and submit, a Soils Management Plan (SMP) to the San Mateo County Health Department for approval, prior to the issuance of a building permit. The SMP will address the possibility of encountering subsurface contaminants, including groundwater, during construction activities, and the measures for identifying, handling, and disposing of subsurface contaminants. The SMP shall be submitted to the City prior to issuance of a building permit. 33. The contractor shall ensure the appropriate handling, storing, and sampling of any soil to be removed from the subject property, as per the SMP, so as to eliminate potential health and safety risks to the public, including construction workers. 34. In the event that groundwater, or other subsurface contaminants, are encountered during excavation, grading, or any other demolition/construction activities at the project site, the contractor shall ensure that the procedure for evaluating, handling, storing, testing, and disposing of contaminated groundwater is implemented, as per the SMP. 35. Workers handling demolition and renovation activities at the project site shall be trained in the safe handling and disposal of residual chemicals, solvents, heavy metals, motor and transmission oils, /ubes, greases, antifreeze, Freon, solvents, and lead-acid batteries etc. associated with the former gas station and auto repair maintenance shop. Noise 36. The contractor shall ensure that the interior noise levels are maintained at or below 50 d8A Leq (1- hr). Treatments would include, but are not limited to, sound-rated wall and window constructions, acoustica/ cau/king, protected ventilation openings, etc. The specific determination of what noise insulation treatments are necessary shall be conducted on a room-by-room basis during final design of the project. Results of the analysis, including the description of the necessary noise control treatments, shall be submitted to the City, along with the building plans and approved design, prior to issuance of a building permit. 37. The contractor shall install forced-air mechanical ventilation, as determined by the local building official, for all exterior-facing rooms of the office building so that windows can be kept closed at the occupant's discretion to control interior noise and achieve the interior noise standards. Page 13 of 14 One —Year Permit Extension Catherine Keylon Senior Planner c. Dimitrios Sogas, applicant Toby Levy of Levy Design Partners, project architect Robert Lugliani, property owner Attachments: March 14, 2016 Planning Commission Minutes Request for One Year Extension, letter dated March 10, 2017 Approval letter for project, dated June 2, 20156 Application to the Planning Commission Planning Commission Resolution (Proposed) Notice of Public Hearing — Mailed March 17, 2017 Aerial Photo 988 Howard Avenue Page 14 of 14 � CITY O �s�': � i � �`r� ��� � � 0 �tica� �� e �Vow�ie City of Burlingame Meeting Minutes Planning Commission BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Monday, March 74, 2016 7:00 PM Council Chambers g. 988 Howard Avenue, zoned MMU - Application for Mitigated Negative Declaration, Commercial Design Review, Conditional Use Permit for building height, and Rear Setback Variance for a new 3-story commercial building (Dimitrios Sogas, applicant; Robert Lugliani, property owner; Toby Levy Design Partners, architect) (129 noticed) Staff Contact: Catherine Keylon All Commissioners had visited the property. Commissioners Bandrapalli, Gum, Terrones, DeMarfini, and Sargent met with the applicant. Planning Manager Gardiner provided an overview of the staff report. Questions of staff.• > Were parts of the application approved previously? (Gardiner: The votes taken previously were to provide guidance on what aspects of the application were supported, given a lack of consensus on the overall application. Those items that were supported previously have not changed substanfia/ly in this application.) Chai� DeMartini opened the public hearing. Dimitrios Sogas represenfed the applicant, with architect Toby Levy. Commission questions✓commenfs: > P/ans show cement panel siding, not composite wood. (Levy: Package was submitted two weeks ago, and materia/s have been revised since from further outreach. Needs to be corrected on the plans.) > Changing the type of tree was good. > Has there been consideration of what kind of signage for the retail space on the comer? (Levy: Assumed individually lettered signs.) Would encourage signage that is inviting and neighborly such as a blade sign or letters standing on the awning, so it is clear it is not just retail space for the office building. > How does the parapet step down on the Myrt/e side? (Levy: Moved the roof deck back - previously it was at the edge. Wth it moved back 12 feet and the eave dropped, it brings the eye down.) > Encourages a local rafher than chain store for the retail space. Public comments: Peter Comaroto, 1576 Cypress Avenue, spoke on this ifem: > Difference between a citizen who has a sincere desire to listen fo the commission and make changes, compared to others who tell the commission what they want to do and not listen to recommendations. > This applicant has taken to heart what was said, and presented thoughtful changes. Chair DeMartini closed the public hearing. Commission discussion: CityofBurlingame Page 1 Printed on 3h8/2017 Planning Commission Meeting Minutes March 14, 2016 > lmpressed with reducing fhe apparent height,� the step-back on Myrt/e helps to provide a sense of a smaller building. > Wood texture helps blend with neighborhood. > Bigger trees have been included as requesfed. > Done a good job making a good-looking building. Appreciafes stepping down to appear /ess massive. > Likes revisions - it is a subsfantial design, and handsome. If is not a huge building but it is important, and it was worfh going through the effort. > Applicant has done everything that was asked, and it is a better project because of it. > Color is critical fo the project, and changed the project dramatically. > Variance supportable by the exceptional site bounded on three sides by sfreet frontage, with fhe desired frontage serving as the fronf. > Appreciates that the parking variance request was eliminated. > Conditional Use Permit supportable in that it wil/ not be detrimental to the neighborhood, and is located in a way that is consistent with the Genera/ Plan and the Downtown Specific Plan. Commissioner Sargent made a motion to approve the Mitigated Negative Declaration, seconded by Commissioner Bandrapalli. The motion carried by the following vote: Aye: 6- DeMartini, Gum, Sargent, Terrones, Gaul, and Bandrapalli Absent: 1 - Loftis Commissioner Sargent made a motion, seconded by Commissioner Bandrapalli, to approve the application with the following condition: > Changes in materials shown in the public hearing presentation shall be reviewed by the Planning Commission as an FYI item prior to issuance of a building permit. The motion carried by the following vote: Aye: 6- DeMartini, Gum, Sargent, Terrones, Gaul, and Bandrapalli Absent: 1 - Loftis Clty of Bur►ingame Page 2 PNnted on 3/18/2017 �111�0I'10 �iI'Otl� II1C i��y�, Il�����:ir�l :A����. u:�'s:; fsiu�lin�;amr (':1 y.ac>>�ic� Catherinc• K���lc,n Burlingamc Cit� Planner ;;c�i Primrns�• Bi�rlinKame. C:� y.�otc� 3/ io/•�c� t� \1,. I:c� (un rLs thr de��eloprr c�t th�• builclin�; at yti�i F[u���ard �•r ,ir�r rc��ur,ti��s� a i ycar c�xt��nsi�in c�Cthe ����rmittinc; rcc�uic��mcnt. ��e <licl.uhniit ��ur fir>t and �cc��ncl p�is� dr,i«�in�;� in Julc and Oct��hc�r 10�(, r��s�����•ti�rl� hut beeause of some substanti.il d�'til};Il CI18D};1�� net��le�cl tu th�� ti,unelation e�f th�� builcii�ir anci th�� indu•tn� ���c�rkl��.ici, �vc �vere not hc•e•i� abli� tc� �;rt �ufficirnl lim�� ��-ith .ill ��1 thr ����n.iiltant� ��ii thr �,rr�jert t�� rumpl��tc th.it �vuck. 41'c� cticl �uhmit 1h�• :ird ��diti��n ��f thc dr����-ing� aruinul F� hruai� i5"' hut �ti�r �•,�nu��t I,�� �urc• fhc°rr ���ilf nc�t h�� morc ch�►nKes requireci. '1'hecefi�re „•r respertfulh� reyuest .�n rxtri��i��ii t'urm th�� F'lannin�; l'��mmis.ii��i. Kr�;ard,, �-'"�1 , % ,. ��� / �' . �� '/'�� __ � �'�111t11�i��� ���};;tti , ; l�:iyr�u�riu Gruup Inc �.i %, �, Co ��� � � � , CITY OF BURLINGAME City Hall — 501 Primrose Road Burlingame, California 94010-3997 June 2, 2016 Dimitrios Sogas 1290 Howard Avenue, Suite 323 Burlingame, CA 94010 Re: 988 Howard Avenue Dear Mr. Sogas, �. C17Y -�� �� , si _!!� Q.=""_. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division PH: (650) 558-7250 FAX: (650) 696-3790 Since there was no appeal to or suspension by the City Council, the March 14, 2016, Planning Commission approval of your application for Commercial Design Review, Conditional Use Permit for Building Height, and Rear Setback Variance became effective March 24, 2016. This application was for the construction of a new 3-story commercial building at 988 Howard Avenue, zoned MMU. The March 14, 2Q16, minutes of the Planning Commission state your application was approved with the following conditions: that the project shall be built as shown on the plans submitted to the Planning Division date stamped February 23, 2016, sheets A0.0 through A4.1, C-1, L-1.1 through L-2.2; 2. that prior to the issuance of a building permit the change in materials shown at the public hearing presentation shall be reviewed by the Planning Commission as an FYI item; 3. 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 canditions 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; 4. that any changes to the size or envelope of building, which would include changing or adding exterior walls or parapet walls, shall require an amendment to this permit; 5. that any changes to building materials, exterior finishes, windows, architectural features, roof height or pitch, and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staf�; 6. that the maximum elevation at the top of the roof parapet shall not exceed elevation 141.56' for a maximum height of 45'-0", and that the top of each floor and final roof ridge shall be surveyed and approved by the City Engineer as the framing proceeds and prior to final framing and roofing inspections. The ground floor finished floor shall be elevation 97.78'; second floor finished floor shall be elevation 111.78'; third floor finished floor shall be elevation 124.78', and the roof level shall be elevation 137.78'. Should o� Register online to receive City of Burlingame e-mail updates at www.burlingame.org �: , ` June 2, 2016 ' 988 Howard Avenue • Page 2 any framing exceed the stated elevation at any point it shali be removed or adjusted so that the final height of the structure with roof shali not exceed the maximum height shown on the approved plans; 7. that the project shall include at least one dedicated off-street, car share parking space with the following requirements: a. the car share space shall be maintained in perpetuity and cannot be modified without the City's consent; b. the car share space shafl be clearly labeled both with painted in-ground signage as well as eye-level signage; c. the car share space shall be accessible to tenants of the building and at the discretion of the building owner may also be available to non-tenant subscribers from outside the building; d. the dimensions of the car share space shall be in accordance with requirements set forth in the Zoning Code for off-street parking spaces. 8. that the 66 on-site parking spaces (excluding the car share space) shall be used only for the tenants and visitors of the commercial/retail and office facilities on this site and shall not be leased or rented for storage of automobiles or goods either by individuals or businesses not on this site or by other businesses for off-site parking; 9. that the conditions of the Building Division's March 20, 2015 and May 14, 2015 memos, the Park's Division's March 16, 2015 and May 19, 2015 memos, the Engineering Division's April 13, 2015 memo, the Stormwater Division's March 17, 2015 and May 12, 2015 memos, and the Fire Division's March 26, 2015 and May 14, 2015 memos shall be met; 10. that prior to issuance of a building permit for the project, the applicant shall pay the first half of the public facilities impact fee in the amount of $101,219.00, made payable to the City of Burlingame and submitted to the Planning Division; 11. that prior to scheduling the final framing inspection, the applicant shall pay the second half of the public facilities impact fee in the amount of $101,220.97., made payable to the City of Burlingame and submitted to the Planning Division; 12. 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; 13. that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 14. that during construction, the applicant shall provide fencing (with a fabric screen or mesh) around the project site to ensure that all construction equipment, materials and debris is kept on site; �o Register online to receive City of Burlingame e-mail updates at www.burlingame.org �� ' June 2, 2016 ' 988 Howard Avenue • Page 3 15. that storage of construction materials and equipment on the street or in the public right- of-way shall be prohibited; 16. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; 17. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2013 Edition, as amended by the City of Burlingame; The following fve (5) conditions shall be met during the Building lnspection process prior to the inspecfions noted in each condifion: 18. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners, set the building envelope; 19. that prior to the underFloor frame inspection the surveyor shall certify the first floor elevation of the new structure; 20. that prior to scheduling the framing inspection, the project architect, engineer or other licensed professional shall provide architectural certification that the architectural details such as window locations and bays are built as shown on the approved plans; if there is no licensed professional involved in the project, the property owner or contractor shall provide the certification under penalty of perjury. Certifications shall be submitted to the Building Division; 21. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof parapet and provide certification of that height to the Building Division; 22. that prior to final inspection, Planning Division staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans; Mitigation Measures from Initial Study Aesthetics 23. The project developer shall install low-profile, low-intensity lighting directed downward to minimize light and glare. Exterior lighting shall be low mounted, downward casting, and shielded. In general, the light footprint shall not extend beyond the periphery of each property. Implementation of exterior lighting fixtures on all buildings shall also comply with the standard Califomia Building Code (Title 24, Building Energy Efficiency Standards) to reduce the lateral spreading of light to surrounding uses, consistent with Burlingame Municipal Code Section 18,16.030 that requires that all new exterior lighting for commercial developments be designed and located so that the cone of light and/or glare from the light element is kept entirely on the property or below the top of any fence, edge or wall. Air Quality 24. The contractor shall implement the following best management practices: :� Register online to receive City of Burlingame e-mail updates at www.burlingame.org �� June 2, 2016 ' 988 Howard Avenue Page 4 a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shali be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCRJ). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the City of Burlingame regarding dust complaints. This pe�son shall respond and take corrective action within 48 hours. Bay Area Air Quality Management District (BAAQMD) phone number shall also be visible to ensure compliance with applicable regulations. 25. The contractor shall select specific equipment during construction in order to minimize emissions. The equipment selection would include the regulation that all diesel- powered equipment larger than 50 horsepower and operating on the site for more than two days continuously shall, at a minimum, meet the U.S. EPA particulate matter standards for Tier 2 engines or equivalent. Biological Resources 26. If construction activities would commence anytime during the nesting/breeding season of native bird species potentially nesting near the site (typically February through August in the project region), a pre-construction survey for nesting birds would be conducted by a qualified biologist within two weeks of the commencement of construction activities. The pre-construction sunrey would encompass the project site and surrounding area, within 150 feet, so as to account for construction-related noise. Cultural Resources 27. In the event archaeological resources are encountered during construction, work will be halted within 100 feet of the discovered materials and workers will avoid altering the :: Register online to receive City of Burlingame e-mail updates at www.burlingame.org p� June 2, 2016 988 Howard Avenue Page 5 materials and their context until a qualified professional archaeologist has evaluated the situation and provided appropriate recommendations. 28. A discovery of a paleontological specimen during any phase of the project shall result in a work stoppage in the vicinity of the find until it can be evaluated by a professional paleontologist. Should loss or damage be detected, additional protective measures or further action (e.g., resource removal), as determined by a professional paleontologist, shall be implemented to mitigate the impact. 29. In the event that human remains are discovered during project construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains. The county coroner shall be informed to evaluate the nature of the remains. If the remains are determined to be of Native American origin, the Lead Agency shall work with the Native American Heritage Commission and the applicant to develop an agreement for treating or disposing of the human remains. Geology and Soils 30. Project design and construction shall adhere to Title 18, Chapter 18 of the Burlingame Municipal Code, and demonstrate adherence to the latest seismic design parameters as required by the California Building Code including, but not limited to, anchorage, load combinations, and structure integrity. Hazards and Hazardous Materials 31. The contractor shalt comply with Title 8, California Code of Regulations/Occupational Safety and Health (OSHA) requirements that cover construction work where an employee may be exposed to lead. This includes the proper removal and disposal of peeling paint, and appropriate sampling of painted building surtaces for lead prior to disturbance of the paint and disposal of the paint or painted materials. 32. The applicant shall contract a Certified Asbestos Consultant to conduct an asbestos survey prior to disturbing potential asbestos containing building materials and shall implement the Consultant's recommendations for proper handling and disposal. 33. The applicant shall prepare, and submit, a Soils Management Plan (SMP) to the San Mateo County Health Department for approval, prior to the issuance of a building permit. The SMP will address the possibility of encountering subsurface contaminants, including groundwater, during construction activities, and the measures for identifying, handling, and disposing of subsurface contaminants. The SMP shall be submitted to the City prior to issuance of a building permit. 34. The contractor shall ensure the appropriate handling, storing, and sampling of any soil to be removed from the subject property, as per the SMP, so as to eliminate potential health and safety risks to the public, including construction workers. 35. In the event that groundwater, or other subsurface contaminants, are encountered during excavation, grading, or any other demolition/construction activities at the project site, the contractor shall ensure that the procedure for evaluating, handling, storing, testing, and disposing of contaminated groundwater is implemented, as per the SMP. �� Register online to receive City of Burlingame e-mail updates at www.burlingame.org �a � ' June 2, 2016 � 988 Howard Avenue ' Page 6 36. Workers handling demolition and renovation activities at the project site shall be trained in the safe handling and disposal of residual chemicals, solvents, heavy metals, motor and transmission oils, lubes, greases, antifreeze, Freon, solvents, and lead-acid batteries etc. associated with the former gas station and auto repair maintenance shop. Noise 37. The contractor shall ensure that the interior noise levels are maintained at or below 50 dBA Leq (1-hr). Treatments would include, but are not limited to, sound-rated wall and window constructions, acoustical caulking, protected ventilation openings, etc. The specific determination of what noise insulation treatments are necessary shall be conducted on a room-by-room basis during final design of the project. Results of the analysis, including the description of the necessary noise control treatments, shall be submitted to the City, along with the building plans and approved design, prior to issuance of a building permit. 38. The contractor shall install forced-air mechanical ventilation, as determined by the local building official, for all exterior-facing rooms of the office building so that windows can be kept closed at the occupanYs discretion to control interior noise and achieve the interior noise standards. All site improvements and construction work will require separate application to the Building Department. This approval is valid for one year during which time a building permit must be issued. An extension of up to one year may be considered by the Planning Commission if application is made before the end of the first year. The decision of the Council is a final administrative decision pursuant to Code of Civil Procedure Section 1094.6. If you wish to challenge the decision in a court of competent jurisdiction, you must do so within 90 days of the date of the decision unless a shorter time is required pursuant to state or federal law. Sincerely, F � ,,���� ,. � _ _�____--_—�--._.�._ .,._- William Meeker Community Development Director c. Robert J. Lugliani, property owner 988 Howard Avenue Burlingame, CA 94010 Toby Levy, Levy Design Partners, architect 90 South Park San Francisco, CA 94107 Chief Deputy Valuation, Assessor's Office (LOT 1 BLK 17 SUPP TO TOWN OF BURLINGAME MAP NO 1 RSM 3/71 & LOTS 2A 26 2C & 2D BLK 17 LYON & HOAG SUB RSM 4/26; APN: 029-214-220) File Y� Register online to receive City of Burlingame e-mail updates at www.burlingame.org �: ,� j ���� COMMUNITY DEVELOPMENT DEPARTMENT • 501 PRIMROSE ROAD • BURLINGAME, CA 94010 p: 650.558.7250 • f: 650.696.3790 • www.burlingame.org APPLICATION TO THE PLANNING COMMISSION Type of application: [�I., Design Review �L� Conditional Use Permit ❑ Variance ❑ Parcel #: ❑ Special Permit [�, Zoning / Other: � ���u ��� ,�_ � PROJECT ADDRESS: 9� �. �9 ��-GQ � vp APPLICANT Name: ��n,�� � �.i� s �� C�S PROPERTY OWNER Name: c,rs k � � �.�, a-r� �.L� Address: j2� � r� � �� �i��Z3 Address: _ City/State/Zip: _ �u ,�( ��� �9 �/d City/State/Zip Phone: (o S� `�� ? �� �Z Phone: E-mail: S� S E-mail: ARCHITECT/DESIGNER Name: - Address: S � � ►'` City/State/Zip: � � C� 7��� Q �- Phone E-mail: Burlingame Business License #: � C C � ��� ������ � +.-- � � �.,�� � .� M�,R - � � i; �7 c�rr oF �u�,LlfvuA�J',� CDD-PLANNI�1� DIV. Authorization to Reproduce Proiect Plans: I hereby grant the City of Burlingame the authority to reproduce upon request and/or post plans submitted with this application on the City's website as part of the Planning approval process and waive any claims against the City arising out of or related to such action. (Initials of Architect/Designer) PROJECT DESCRIPTION: AFFIDAVIT/SIGNATURE: I hereby certify unde penalty of perjury that the information given herein is true and correct to the best of my knowledge and belief. / j Applicant's signature: � , Date: �/��� I am aware of the pro Commission. Property owner's signature: � orize the above applicant to submit this application to the Planning � � Date: /� Date submitted: 5: �HANDOUTS�PCApplication. doc This Space for CDD Staff Use Only � Project Description: Key: Abbreviation � Term CUP Conditional Use Permit DHE Declining Height Envelope DSR Design Review E Existin N New SFD Sin le Famil Dwellin SP Special Permit RESOLUTION NO. -RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BURLINGAME, APPROVING A REQUEST FOR A ONE-YEAR EXTENSION RESOLVED, BY THE PLANNING COMMISSION OF THE CITY OF BURLINGAME THAT: WHEREAS, an application has been made for a One Year Extension for a previouslx a�proved apptication for Commercial Design Review, Conditional Use Permit for Buildinq Height, and Rear Setback Variance for construction of a new 3-story commercial buildinq at 988 Howard Avenue, zoned MMU, Robert Lugliani, 988 Howard Avenue, Burlinaame, CA, 94010 propertv owner, APN: 029-214-220; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on March 27. 2017, 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: Section 1. Said One Year Extension for an application for Commercial Design Review, Conditional Use Permit for Building Height, and Rear Setback Variance are approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such One Year Extension for the application for Commercial Design Review, Conditional Use Permit for Building Height, and Rear Setback Variance are set forth in the staff report, minutes, and recording of said meeting. Section 2. 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 27th dav of March, 2017 by the following vote: Secretary � . EXHIBIT "A" Conditions of approval for One Year Extension. 988 Howard Avenue Effective April 6, 2017 that that the project shall be built as shown on the plans submitted to the Planning Division date stamped March 9, 2016, sheets A0.0 through A4.1, C-1, L-1.1 through L-2.2; 2. that prior to the issuance of a building permit the change in materials shown at the public hearing presentation shall be reviewed by the Planning Commission as an FYI item; 3. 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; 4. that any changes to the size or envelope of building, which would include changing or adding exterior walls or parapet walls, shall require an amendment to this permit; 5. that any changes to building materials, exterior finishes, windows, architectural features, roof height or pitch, and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staf�; 6. that the maximum elevation at the top of the roof parapet shall not exceed elevation 141.56' for a maximum height of 45'-0", and that the top of each floor and final roof ridge shall be surveyed and approved by the City Engineer as the framing proceeds and prior to final framing and roofing inspections. The ground floor finished floor shall be elevation 97.78'; second floor finished floor shall be elevation 111.78'; third floor finished floor shall be elevation 124.78', and the roof level shall be elevation 137.78'. Should any framing exceed the stated elevation at any point it shall be removed or adjusted so that the final height of the structure with roof shall not exceed the maximum height shown on the approved plans; 7. that the project shall include at least one dedicated off-street, car share parking space with the following requirements: a. the car share space shall be maintained in perpetuity and cannot be modified without the City's consent; b. the car share space shall be clearly labeled both with painted in-ground signage as well as eye-level signage; c. the car share space shall be accessible to tenants of the building and at the discretion of the building owner may also be available to non-tenant subscribers from outside the building; d. the dimensions of the car share space shall be in accordance with requirements set forth in the Zoning Code for off-street parking spaces. 8. that the 66 on-site parking spaces (excluding the car share space) shall be used only for the tenants and visitors of the commercial/retail and office facilities on this site and shall not be leased or rented for storage of automobiles or goods either by individuals or businesses not on this site or by other businesses for off-site parking; � , EXHIBIT "A" Conditions of approval for One Year Extension. 988 Howard Avenue Effective April 6, 2017 9. that the conditions of the Building Division's March 20, 2015 and May 14, 2015 memos, the Park's Division's March 16, 2015 and May 19, 2015 memos, the Engineering Division's April 13, 2015 memo, the Stormwater Division's March 17, 2015 and May 12, 2015 memos, and the Fire Division's March 26, 2015 and May 14, 2015 memos shall be met; 10. that prior to issuance of a building permit for the project, the applicant shall pay the first half of the public facilities impact fee in the amount of $101,219.00, made payable to the City of Burlingame and submitted to the Planning Division; 11. that prior to scheduling the final framing inspection, the applicant shall pay the second half of the public facilities impact fee in the amount of $101,220.97., made payable to the City of Burlingame and submitted to the Planning Division; 12. 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; 13. that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 14. that during construction, the applicant shall provide fencing (with a fabric screen or mesh) around the project site to ensure that all construction equipment, materials and debris is kept on site; 15. that storage of construction materials and equipment on the street or in the public right-of-way shall be prohibited; 16. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; 17. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2013 Edition, as amended by the City of Burlingame; The following five (5) conditions shall be met during the Building Inspection process prior to the inspections nofed in each condition: 18. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners, set the building envelope; 19. that prior to the underfloor frame inspection the surveyor shall certify the first floor elevation of the new structure; 20. that prior to scheduling the framing inspection, the project architect, engineer or other licensed professional shall provide architectural certification that the architectural details such as window locations and bays are built as shown on the approved plans; if there is no licensed professional involved in the project, the property owner or contractor shall provide the certification under penalty of perjury. Certifications shall be submitted to the Building EXHIBIT "A" Conditions of approval for One Year Extension. 988 Howard Avenue Effective April 6, 2017 Division; 21. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof parapet and provide certification of that height to the Building Division; 22. that prior to final inspection, Planning Division staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans; Mitigation Measures from Initial Study Aesthetics 23. The project developer shall install low-profile, low-intensity lighting directed downward to minimize light and glare. Exterior lighting shall be low mounted, downward casting, and shielded. In general, the light footprint shall not extend beyond the periphery of each property. Implementation of exterior lighting fixtures on all buildings shall also comply with the standard California Building Code (Title 24, Building Energy Efficiency Standards) to reduce the lateral spreading of light to surrounding uses, consistent with Burlingame Municipal Code Section 18.16.030 that requires that all new exterior lighting for commercial developments be designed and located so that the cone of light and/or glare from the light element is kept entirely on the property or below the top of any fence, edge or wall. Air Quality 24. The contractor shall implement the following best management practices: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. EXHIBIT "A" Conditions of approval for One Year Extension. 988 Howard Avenue Effective April 6, 2017 h. Post a publicly visible sign with the telephone number and person to contact at the City of Burlingame regarding dust complaints. This person shall respond and take corrective action within 48 hours. Bay Area Air Quality Management District (BAAQMD) phone number shall also be visible to ensure compliance with applicable regulations. 25. The contractor shall select specific equipment during construction in order to minimize emissions. The equipment selection would include the regulation that all diesel-powered equipment larger than 50 horsepower and operating on the site for more than two days continuously shall, at a minimum, meet the U.S. EPA particulate matter standards for Tier 2 engines or equivalent. Biological Resources 26. If construction activities would commence anytime during the nesting/breeding season of native bird species potentially nesting near the site (typically February through August in the project region), a pre-construction survey for nesting birds would be conducted by a qualified biologist within two weeks of the commencement of construction activities. The pre- construction survey would encompass the project site and surrounding area, within 150 feet, so as to account for construction-related noise. Cultural Resources 27. In the event archaeological resources are encountered during construction, work will be halted within 100 feet of the discovered materials and workers will avoid altering the materials and their context until a qualified professional archaeologist has evaluated the situation and provided appropriate recommendations. 28. A discovery of a paleontological specimen during any phase of the project shall result in a work stoppage in the vicinity of the find until it can be evaluated by a professional paleontologist. Should loss or damage be detected, additional protective measures or further action (e.g., resource removal), as determined by a professional paleontologist, shall be implemented to mitigate the impact. 29. In the event that human remains are discovered during project construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains. The county coroner shall be informed to evaluate the nature of the remains. If the remains are determined to be of Native American origin, the Lead Agency shall work with the Native American Heritage Commission and the applicant to develop an agreement for treating or disposing of the human remains. Geology and Soils 30. Project design and construction shall adhere to Title 18, Chapter 18 of the Burlingame Municipal Code, and demonstrate adherence to the latest seismic design parameters as required by the California Building Code including, but not limited to, anchorage, load combinations, and structure integrity. EXHIBIT "A" Conditions of approval for One Year Extension. 988 Howard Avenue Effective April 6, 2017 Hazards and Hazardous Materials 31. The contractor shall comply with Title 8, California Code of Regulations/Occupational Safety and Health (OSHA) requirements that cover construction work where an employee may be exposed to lead. This includes the proper removal and disposal of peeling paint, and appropriate sampling of painted building surfaces for lead prior to disturbance of the paint and disposal of the paint or painted materials. 32. The applicant shall contract a Certified Asbestos Consultant to conduct an asbestos survey prior to disturbing potential asbestos containing building materials and shall implement the Consultant's recommendations for proper handling and disposal. 33. The applicant shall prepare, and submit, a Soils Management Plan (SMP) to the San Mateo County Health Department for approval, prior to the issuance of a building permit. The SMP will address the possibility of encountering subsurface contaminants, including groundwater, during construction activities, and the measures for identifying, handling, and disposing of subsurface contaminants. The SMP shall be submitted to the City prior to issuance of a building permit. 34. The contractor shall ensure the appropriate handling, storing, and sampling of any soil to be removed from the subject property, as per the SMP, so as to eliminate potential health and safety risks to the public, including construction workers. 35. In the event that groundwater, or other subsurface contaminants, are encountered during excavation, grading, or any other demolition/construction activities at the project site, the contractor shall ensure that the procedure for evaluating, handling, storing, testing, and disposing of contaminated groundwater is implemented, as per the SMP. 36. Workers handling demolition and renovation activities at the project site shall be trained in the safe handling and disposal of residual chemicals, solvents, heavy metals, motor and transmission oils, lubes, greases, antifreeze, Freon, solvents, and lead-acid batteries etc. associated with the former gas station and auto repair maintenance shop. Noise 37. The contractor shall ensure that the interior noise levels are maintained at or below 50 dBA Leq (1-hr). Treatments would include, but are not limited to, sound-rated wall and window constructions, acoustical caulking, protected ventilation openings, etc. The specific determination of what noise insulation treatments are necessary shall be conducted on a room-by-room basis during final design of the project. Results of the analysis, including the description of the necessary noise control treatments, shall be submitted to the City, along with the building plans and approved design, prior to issuance of a building permit. 38. The contractor shall install forced-air mechanical ventilation, as determined by the local building official, for all exterior-facing rooms of the office building so that windows can be kept closed at the occupant's discretion to control interior noise and achieve the interior noise standards. `��. CITY OF BURLINGAME COMMUNITY DEVELOPMENTDEPARTMENT BURLINGAME 501 PRIMROSE ROAD �BURLlNGAME, CA 9401� ` ' PH: (650) 558-7250 • FAX: (650) 696-3790 - www.burlingame.org Site: 98$ HOWARQ AVENUE The City of Burlingame Planning Cammissian announces the following public hearing on MONDAY, MARCH 27, 2017 at 7:00 P.M. in the City Hall Council Chambers, 501 Primrose Raad, Burlingpme, CA: Application for a One-Year Extension to a previously npproved application for a Mitigated Negative Declaration, Commercial Design Review, Conditional Use 'Permit for building height, and Rear Setbock Variance for a new 3- PUBtIC HEQRING NOTICE story commercial building at 988 HOWARD AVENUE zoned MMU. APN 029.214.120 (Plea°e� e%r toyo��iehsl�� 2017 Citv of Burlin ame A copy of the application and plans for this project may be reviewed prior to the meeting at the Cornmunity 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, described in the notice or in written correspondence delivered to the city at or 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 Development Director (Please refer to ofher sideJ PUBLIC HEARING NOTICE