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Home My WebLink About1010 Cadillac Way - Staff ReportPROJECT LOCATION 1010 Cadillac Way Item No. 7 Regular Action City of Burlingame Parking Variance Amendment Address: 1010 Cadillac Way Item No. 7 Regular Action Meeting Date: January 13, 2014 Request: Amendment to Parking Variance for changes to the conditions of approval for a previously approved Commercial Design Review and Parking Variance for expansion of an existing automobile dealership, including changes to multiple fa�ades of the existing commercial building. Property Owner: Jim Hannay, Rector Motors Car Co. Architect 8� Applicant: Ken Rodrigues, Kenneth Rodrigues & Partners, Inc. General Plan: Commercial Uses: Service & Special Sales APN: 026-233-080 Lot Area: 41,597 SF Zoning: C-2 Environmental Review Status: The project is Categorically Exempt from review pursuant to the California Environmental Quality Act (CEQA), per Section 15301 (e)(2), which states that additions to existing structures are exempt from environmental review, provided that the addition will not result in an increase of more than 10,000 SF, and if all public facilities are available for maximum development permissible in the general plan, and the site is not in an environmentally sensitive area. Project Background: On September 23, 2013, the Planning Commission approved an application for Commercial Design Review and Parking Variance for expansion of an existing automobile dealership, including changes to multiple fa�ades of the existing commercial building at 1010 Cadillac Way, zoned C-2. All public impact fees for the project have been paid and a building permit was issued on November 25, 2013. Proposed Revisions: The applicant is proposing to amend the language included in Condition of Approval #5 because they were unable to comply with the condition as was written. The applicant is now proposing to amend the operative lease agreement for Rector to reflect the City's parking requirements. Staff has changed the language of Condition of Approval #5 to provide for automatic termination of the Parking Variance if parking becomes unavailable (suggested edits are reflected in Condition of Approval #5 below). Project Description (of project approved on September 23, 2013): The subject site contains an existing two- story automobile dealership building that is occupied by Rector Motor Car Company (Audi and Porsche) at 1010 Cadillac Way (corner of Broadway, Rollins Road and Cadillac Way), zoned C-2. The existing 38,869 SF building contains approximately 4,777 SF of office space, 7,806 SF of showroom space, 19,276 SF of service area and 7,010 SF of storage area. This application is for a 4,297 SF first floor addition, a 1,667 SF mezzanine level addition, a reconfiguration of the existing uses in the building and proposed changes to the fa�ade of the existing commercial building. Changes to the exterior of the building include: removing all of the existing exterior fa�ade and storefront system along the North and West elevations and replacing it with perForated corrugated metal siding and a differential mullion curtain wall with clear glass. Please refer to the proposed exterior elevations (sheets A4 and A5) provided by the architect. A sample of the proposed perforated corrugated metal siding will be brought to the public meeting by the architect. All new signage shown on the plans is not part of this application and will be reviewed and approved under a separate application to the Planning Division. This project is subject to Commercial Design Review because it includes a second story addition and changes to more than 50% of the front fa�ade of a building located in the C-2 zoning district. The existing 38,869 SF automobile dealership building requires 60 on-site spaces based upon the breakdown of uses in the building (office, 1:300; showroom, 1:600; service, 1:800; and storage, 1:1000). There are currently 80 parking spaces provided on-site between the spaces at ground level, on the roof deck, and additional spaces at the ground level within the City's right-of-way that are leased to the property owner by the City. There are also 26 spaces on the parcel next to the subject property that is also owned by this property owner; for a total of 106 spaces designated for this property. The block as a whole contains a total of 170 parking spaces. With the proposed 4,297 SF first floor addition, 1,667 SF mezzanine level addition and reconfiguration of the Parking Variance Amendment 1010 Cadillac Way existing uses in the building (building will total 44,833 SF), the number of spaces required on-site will increase from 60 spaces to 83 spaces. Also, the number of spaces provided on-site (including spaces at ground level, on the roof deck, and additional spaces at the ground level within the City's right-of-way that are leased to the property owner by the City) will be reduced from 80 spaces to 46 code-compliant spaces. Although the number of parking spaces on-site is being reduced, the property owner has access to 24 additional code-compliant spaces on the adjacent property that he owns. The property owner has also entered into a long-term lease agreement with the owner of the three other parcels that make up this block. Therefore, the entire block will be tenanted by the Rector Motor Car Company. When analyzed as a whole, the block (including all five properties) will contain 137 code-compliant parking spaces, where the parking requirement for both buildings on the block (1010 Cadillac Way and 1100 Carolan Avenue) is 95 spaces (42 spaces more than the requirement). As part of the project, the applicant has proposed to enclose all of the automobile sales lot areas with an ornamental hedge which will be maintained at a minimum height of 24" (per CS 25.74.010). All other zoning code requirements have been met. The following applications were approved by the Planning Commission on September 23, 2013: ■ Commercial Design Review for expansion of an existing automobile dealership, including changes to multiple fa�ades of the existing commercial building (CS 25.57.010 (c)); and ■ Parking Variance for number of parking spaces provided on site (46 spaces provided on-site, where 83 spaces are required) (CS 25.70.040). 1010 Cadillac Way Lot Area: 41,597 SF Plans date stamped: Auqust 28, 2013 EXISTING Use: Floor Area Rafio: Parking Automobile Dealership __ (38,869 SF) 38,869 SF 0.93 FAR _ ...... 31'-0'� __ 80 spaces on site 170 spaces on block PROPOSED Automobile Dealership ; (44,833 SF) __ _... 44,833 SF 1.08 FAR _ _. ___.. _ ._ :.. 27'-6" (to addition) __ .._.. _. _ _... 46 spaces on site' 137 spaces on block ' ALLOWED/REQUIRED Automobile Dealership 3.0 FAR _ 35'-0" _. _........__ ___ _ 83 spaces for subject site 95 spaces for entire block ' Parking Variance for number of parking spaces provided on site (46 spaces provided on-site, where 83 spaces are required) (CS 25.70.040). Staff Comments: See attached memos from the City Engineer, Chief Building Official, Parks Supervisor, Fire Marshal and Stormwater Coordinator. Required Findings for a Variance: In order to grant a Parking Variance the Planning Commission must find that the following conditions exist on the property (Code Section 25.54.020 a-d): (a) (b) (c) (d) there are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the same district; the granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss or unnecessary hardship; the granting of the application 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; that the use of the property will be compatible with the aesthetics, mass, bulk and character of -2- Parking Variance Amendment existing and potential uses of properties in the general vicinity. 1010 Cadillac Way Planning Commission Action: 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. At the public hearing the following conditions should be considered: that the project shall be built as shown on the plans submitted to the Planning Division date stamped August 30, 2013, sheets A0.0 through A8.3 and L1; 2. 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; 3. 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; 4. that if the structure is demolished or the envelope changed at a later date the Parking Variance as well as any other exceptions to the code granted here will become void; �: that, should any of the parking identified as available on the plans provided for this project become unavailable due to sale, lease, conversion, adverse possession, or any other mechanism within the control of the applicant or the respective property owners on whose property the parking is located, Applicant shall notify the Community Development Department and apply for a modification of these approvals within 60 days of such change to the project parking. Should Applicant fail to complete such application for modification or the application, once made, is denied by the Planning Commission, the approvals and entitlements conferred herein shall immediately be rescinded and terminated; „ , . ; 6. that prior to issuance of a building permit for the project, the applicant shall pay the Public Impact Fees, made payable to the City of Burlingame and submitted to the Planning Division; 7. that the conditions of the City Engineers August 15, 2013 and June 25, 2013 memos, the Chief Building Official's August 20, 2013, July 23, 2013 and June 5, 2013 memos, the Park Supervisor's August 5, 2013 and June 10, 2013 memos, the Fire Marshal's June 10, 2013 memo and the Stormwater Coordinator's June 11, 2013 memo shall be met; 8. 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; 9. 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; 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; -3- Parking Variance Amendment 1010 Cadillac Way 11. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; 12. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2010 Edition, as amended by the City of Burlingame; THE FOLLOWING CONDITIONS SHALL BE MET DURING THE BUILDING INSPECTION PROCESS PRIOR TO THE INSPECTIONS NOTED IN EACH CONDITION: 13. 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; and 14. 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. Erica Strohmeier Associate Planner c. Jim Hannay, Rector Motor Car Company, 1010 Cadillac Way, Burlingame, CA 94010, applicant. Ken Rodrigues, Kenneth Rodrigues & Partners, Inc., 445 N. Whisman Road Suite 200, Mountain View, CA 94043, architect. Attachments: Letter of explanation from applicanYs attorney, date stamped January 7, 2014 Application to the Planning Commission Letter of request from project applicant, date stamped January 7, 2014 Letter of request from property owner, date stamped January 7, 2014 Revised lease agreement, date stamped January 7, 2014 Original Variance Application, date stamped September 3, 2013 September 23, 2013, Planning Commission Consent Calendar Minutes September 9, 2013, Planning Commission Design Review Study Minutes Staff Comments (for originally approved project) Planning Commission Resolution (Proposed) Notice of Public Hearing — Mailed January 3, 2014 Aerial Photo -4- JAMES H. NIVEN STANLEY W. SMITH JOMN W. 6A59ETT LEO M. L.eROCCA NIVEN & SMITH ATiORNEYS AT L,QW 425 CALIFORNIA STREE% SUITE iB28 SAN FRANCISCO, CALIFORNIA 941p4-221� January 7, 2014 Planning StafF City of Burlingame Dear AAembers of the Planning Department: TELEPHONE (Q.15) 981-5481 TEL.�COPIER (41B) 433-b439 EMAiL law�nlvensmith.com I thought it would be helpful to outfine why Rector Motor Car Company is coming back to the Planning Commission to seek a modiflcation to the terms and canditions for approval of its Building Permit, specifically with respect to Item No. 5 having to do with parking, The parcels of real property which constitute the site are owned by #wo separate landowners, one is The Hannay Famlly Trust and the other is the Donald D. Tateosian and Nancy L. Tateosian, as Trustees, under Revocable Trust Agreernent dated October 16, 1989. Rector Motor Car Is a tenant by virtue of a sublease beiween The Hannay Family Trust and Rector Motor. In order to create substantially similar rights and obligations with respect to parking as those one might find with cross-easements, I rewrote the lease agreement with Rector Motor Car and The Hannay Family Trust to contain very strong and straight-forward language which requires Rector or its successor to return to the Planning Commission with an application for a �ariance modification should there be material changes in the parking on the overall site. I also made clear to the Tateossan Trust and to Rector Motor that if the modifica�on was not acceptable to the City of Burlingame, the original variance was automatically rescinded which necessarily results in the occupancy permit being no longer valid. The Tateosian Trust has written a letter supporting the universal agreement that their property is being used to create parking for the site and they do not now have any plans to do anything different from the terms and conditions of their lease. Further, they understand that should they do something in violation of the lease that causes the potential revocation of the Rector variance and consequently Rector Motor's right to operate, there would be a very substantial lawsuit of a value significantly greater than the value of the Tateosian leased properties. The Tateosians and the Rectors have a relationship that goes back for rnore than forty years. There is no reason to believe that the Tateosian Trust will violate its lease or wili take any steps except in good faith in an effort to maintain the relationship as it is today. We believe that the provisions of Section 6 of the First Amended Sublease and, especially, the draconian remedy of rescission of the variance make everyone involved very aware of the importance of parking and of maintaining the required parking. cc: I appreciate your consideratfon of this request for modification. Very uly o rs, �' � `-� � �~ KiIES H. NIVEN E. James Hannay �� =a-� .s k , k U '� t, ��;;' � . CITY OF BURLINGAME CDD-PLANNING DIV. i • • � . . CDMMUNITY bffiV&LoPMEt�'� Dgpq��NT • 6D1 Pitia�Rc,s� FiaAo • gu�ttNo�� GA 94U�t0 , . A� 8�50.Sb8.726C • f; 68b.696.�790 • wwrrv.burtingama:arg , APPLt.CA7ION T� TH� P� �j�{� C;[.'`(� Mli�tSS[ON � Type of app[lcai�on; � f �6'•�:��-�.�5'" . �a��i�a oao I� Dasign Fieview• ��'.Variance � ❑ � parC�al #: 'A.'°�3 d26--233--09.� • � ' �1 Condifionel Use Permit D Specle� Perm(# ,!�S Other, ��o� r�m�nt of C � ' %r �rnval , x�it 5) � pRaJ�CTApL�i2,�SS: ��.0�.0 Cac�i17:�Q .�1, az� CA•.g4010 AP��.IG�AN�' ('j'eTIaTY�) proJootoonfeotpareonti OK to sand aieatronlo poptes o! dooumants p Name: �� ;�,� ACidr9S8: _ �.dIO �at�.]1PlC WAY . CitylSlatef,Z1�: _ � Btx�'yinr�am�,' CA ?9�0`l� � Phone: (65p):3�&-p7,�,1, • Fa� (G�0), 34�-7291 ��maU� � �e�h�u�aY@�ectaxx��oxs.r.ona AFiCHtT�C�"JDESIGNER pro��tco�act p�i�on a CKta sartd eleoiconlc aapiss of doaumente q PROP�RTY OWN�I� r��B.�OR ,- prolaat wnt�t por6an ❑ OKtu aond aiqofronta cople� oidooumsnts p E. Jamea �ianr�ay and Marsha Haynes Hannay, as N8C119: Trustee oF the H�n�' Family il'uet dated 5eptember 1�'1887 , AddreSs: 97 �ca�.oas� Av�:nue � Clty/Staieilfp; A'��tm, � CA 9�427 . Phone; t550j 3�6-0�1 . Fa� � ' �-mall; ��Y@�to�rmo�:ox�.c3oam �E�Ii1B� _ C��19'�h �i�-i . : Addres�: �5 �ox�ta T�i�'sman �� _ ��,�e 2b0 ' " ' CfiylSi�ttaFZip: M��ain i7�,ew . C�3. 9�t1�3 � ' . _... Phona: __ i650� 965�p700 � � .,-�----_ �...r... ._�.,_..,,, F� ' i650). 9'60��i'�{�7: . � E�mafk ��=��'�.�s.cc�n; nataly�.�cxp�ehi�c�s,c�n � �k Btaltngame Buslnsss LEcense #; 2g��3 . � . pROJ�CT p�3CRlpT(p�[: Ses �ax�].�.c�x ap�1�.c�.ti.oia. fiYais, app�.��,ior� is a r�uest �a� an ama�z�en� iaa Qtr�er" 4, �Q�3 ►' c�7,c3i�.i.on � xegaxding pa�.ri►g. ' AFFADAVI�'1SIGNq'fURE• [ hareb aertHy der psnaiEy of pe�jury that the infornuatlo��glven hereln is true and correat to the f�sat of tity kr►owlacige an�f, �� .. . , . Applfaan�'s BlgEzatur, E am awware of �he p�� 0►1N11�68�011. . E� roperty owner's elg � ' - Date• .0�.%07/14 the a�o�app�cant fo submft fhls appllcat�on fo ihe �lanr�tng bate: ' .0 .0'I �.4 �/ I]�ia submHted: • �r Ver�'icatlari thaf �he prnjec# $ fectldos�gn,er has a iralld �urJJn�atste buslness ticsnse wif�'be rsaurred hy the �Jnanca 4epartment at the tirna app!►aatlon faos nre pald: ��I�� S:iHANDOU?31PGANPlkcllv»,dDc '\! % Z O � 4 January 07, 2014 Members Planning Commissfon c�ty of gurltngame �tF1i�. 'i � .L� i[� L ! r _ � Dear AAembers of fihe Ptannlr�g Commisslon: I am the President QY RecEor Motor Ca� Company, a Califorr�la Carporation, whtch � doing busfness at 101fl Cadllhac INay, Burlirtgame, Cq ("the Company") es a pursche dea�ershlp and as an Audi dealership. My cvmpahy feases ita parking from The Hannay Family Truat, which fn iurn leases the paticirtg from The Tateoslan 7rust of pctober 96, 1889. The Hapnay Fami}y irust and Rector Matur Cornpany are applying for an amendment ta the varlance regardtng parking. Ths speciflcs of the amendment arE set forEh in the propased Lease Agr�eament. My auggest(on is ihat the Company and the Hannay Fam{ty Trust be co-appUaants because the affect of revocaflon af the v�riance +anuld be thsi thn Cnmpany wouid not be abie to conduct business as a deatership at thfs sit�, As ia obvlous, the laua4ion without the leased parking wiQ no# meet the requtrem�rrts of the City af Burlingame, nor will it mset the requfrements of efther Porsche ar Audi. I appreclate your consideratian vf our appllration for an amendm�nt to the c�r��tions for �ran�ing the varlance. Very b u!y yows, ,��'LGt E. JAM S HANIdAY� PR�51 EN�f T R T MOTOR CAR COMPANY (TF�lAI�'i') BY� �lZ.., �. ES HAAINA'Y, rustee of the Hannay Fa ily Trust (Lssso ��/�i� q� — ^ ..n� '.f E January 7, 2014 Members Pianning Commission City of Burlingame Re: Recior Moior Car Parkinp Variance Dear Members of the Planning Commission: I am one of the Trustees of the Trust that is leasing the parking area to Rector Motor Car Company. We have had a long relationship with Recfor Motor Car and our lease is intended to demonstrate our commitment to an even longer relationship in the future. We understand that this parking and the land governed by the lease is important to the operations of the dealership. We da not intend to do anything that will interfere with the lease in any fashion. We are aware of the proposed application for an amendment to the conditions to granting a parking variance and hereby give consent to the Appficants to submit an application for that purpase to the Planning Commission. Very truly yours, DONALD D. TATEOSlAN AND NANCY L. TATEOSIAN, REVOCABLE TRUST AGREEMENT DATED OCTOBER 16, 1989 By: NANCY L. TATEOSIAN, Trustee REC��i��:� JAN - i 20;�� CITY OF BURLINGAME CDD-PLANNING DIV. s� T��S `k,e�se. ts �rr[ade� �to be e�'e+cfiVs �s� of :this �� ay n{ �?ctober; ?0.9.2�, .�nd: by and: be�r�e� DlJNAE,Iy p., "fAT�bSJA[�. ,�nd NAi.�lCY L. TA.TEOSIA%1, as �rustee€�i �t1iCJ�1` RevO�bile 7�st' �r�iei��n� d�i�' f��tof�sr 7B, ��$9 (`�:��"� a�tti E. J�141�. �ANNA'Y and I�A��kfA H.. HA#�-f�AY, Truafee� :of T1� ��rt�t�y F"arnf�y Tt�st{"L�see"�. V1flTNE9S�'�H; Tfit�s l�se ts �made Wltt�, r�spect to.#lia �ll�r� �aLi� �r�s! �ciraurrtsl�nices; Lessar (g �t� owrler �of those ce�fair�� pre�lses poraderli�g Cadtllaa V1ta�, C�rolan Aven�� and Bro�dw�y, R�rr�in�ama;. Gallfforni�; t�or,e par�awlarly �de�cxibed 4r+ Ez�hibi� °A^ at�acHted h�r:eto; wi�ich �rer�is�s �r� fiere3n�fter referTed .to �s °t�ie Pr+�mE.s..es", l..essox �esfl�a to iease #hs Premises, incCuding Empcouar�etifs.; t�� L;esse� attd�:Lessee Qes�s ko [easa ft+a�i?r�ti�ises f�om �.�ssor su�,�est ht�iFi� i4llo.vuing ferm� at�d.poriditton�;. NQ'�117'�ILI�EKQRE,:#he p�itl�s:t�areta agree as.%I��ws:° °'1► Lea e., �ubJe�4:to f�� fetz�ta�:and c..oncc�ltio�a.:set forEit �ie�'etn� L�ssoc� hor�ii� leases to ` Lessee �nd i.$�se.� heceb�r leases fram �;�or'#he `:t'ret�ilse"s 1n �rr9ingame, C�lj�rrtfar. cuns1s�fng �f comrrl�fsl�l bulldi'ngg a� l� .nd: 2ti t��aa�e T�, The ltii�a! �ferin of [h€s Lea$e sha�i be fhs p�c(nd tiegtn:ning. on C7ota��r° 1� 2n72;, •pnd'��r,�il�a�ir►g:on ��ilfat�h 3'f,; ��29, 3'� �; a. Begln�l.ng -C�ctober 1, 2D.12`; ettd..th�rQuS� ht��ro1131, 2� 1 ti; fih'e. l�as� ren�t due �i�reurir��ar sliai� b� S�va�r#aen'Y'hp�is�rid. TY�r,e�: liuhc�red {�ollars t$1.�,346:{fOj p�r t�o�tth pal�4` �n advan�.a �a�h. t�n�n,fl��h�rsr��ter o.n Yhe �1�st of #h�, m, '�:C� � � it..�.�G� � b: �8�ttttiilrxg �4�r11 1,�9�FE-�s�s� �coratihz�� ar��fte.r, fhe base: rera# clurlr�g tri�. remair�ing: ini�af tei�;"t� arlc},a.ny„4ptlp�. perlad �.� #�'is L�s� ��p�l�;te �r� �qt�al. n`l��titt�iy r$n#�1 payr�e��s �Y�a�l . be tnar.eased �b� '�nta; percar�� (��) pe�: ��aar�. �ase .rer�t' `sl�all ki�� :paid .�antf�f.y' durJ�� .fhe �tsrm ��•�h� l:�ase.. '{ r i� '�.s` I�. W�6' VL. � LI�IJ-i'Lii{V�'d�i�l:i 1.':'.. �lRST AMENDED SUBLEASE 1. Parties. � This First Amended Sublease, dated for reference purposes only, October 1, 2012, is made by and between The Hannay Fam[ly Trust ("Sublessor") and RECTOR MOTOR CAR COMPANY, a California corporation ("Sublessee'�. 2. Lease With Master Lessor. Sublessee agrees to perform all obligations of The Hannay Family Trust under the Master Lease between the Master Landlord, the Trustees of Revocable Trust Agreement Dated October 16, 't989 and The Hannay Family Trust ("Master Lease"} excluding payment of rent but including and not limited to providing liability insurance, defense, hofd harmless, indemnity, repairs, tax payments, maintenance, plate glass insurance, and other matters relating to operations and compliance with law which are provided for therein. The Master Lease is incorporated herein by reference. The payments and pertormances under this Sublease shall be net, net, net. 3. Premises, Month{v Rent Subiessor hereby subleases to Sublessee and Sublessee subleases from Sublessor for the Term and any extension the Premises shown on Exhibit "A" to this Sublease (the "Premises"). Rent shall be paid monthly in advance in the sum of Nineteen Thousand Two Hundred Dollars ($19,200.00) for the first five {5) years of the Term and thereafter monthly rent shali be at a sum fixed by Sublessor i'or each five (5) year period. 7he monthiy rent may be increased each five (5) year period but such increase shall not exceed ten percent (10%) above the rnonthly rental for the !as# month of the previous five (5) year period. 4. Term. a. The term of this Sublease shall commence on the date �rst set forth above (the "Commencement Date'�, and shall run until March 31, 2029, unless sooner terminated or extended pursuant to any option contained in the Master Lease {the "Term"). b. Sublessor shalt have the righf to terminate this Sublease upon six (6) months written notice. 5. Condition of Premises and Services. Sublessee has had an opportunity to review and evaluate the condition of the Premises, and the personal property and provided under Section 4, and acknowledges that Sublessee is fiaking possession of the Premises on an "as is," and "as delivered" basis. Sublessor shall deliver the Prernises to Sublessee, as is, clean and free of alf debris on the Commencement Date. The foregoing "as-is" and �as delivered". Sublessee acknowledges that all of the above are subject to possible irnpairment, limitation or interrup#ion by acts of God, force majeure, accident, casualty, andlor by non-performance or non-delivery by third parties and fhat in such event(s), Sublessor has no liability or responsibitity therefor. Subfessee further accepts the Premises in their candition existing as of the Comrnencement Date subject io all applicable zoning, municipal, federaf, state and county laws, ordinances and regulatfons governing and regulating the use of the Premises, and any co�enants or restrictions of record, and accepts this Sublease subject thereto and to all matters disclosed thereby. ,, r'a--. - ._ _. :��aY �� aN -7 2oi4 CITY OF BURLINGAME CDQ-P■ I I lin�r ni�i 1 I 6. Use of Premises. a. 1'he Premises shall be used for the operatian of an automobile sales, service and repair facility and related activities. The principal activity ior the open ground subject to the Master Lease is that of providing parking. The Premises shall not used for any other purpose without obtaining the prior w'ritten consent of the Lessor which shall not be unreasonably wiihheld. (i} The parties to this Sublease fully support the restrictions on removal of any leased ground or a single parcei or more than one parcel from the Master Lease or the subletting of a parcel or a portlon of a parcel under the Master Lease to someone other than Rector Motor or for a purpose other than Rector Motor's purposes and further the parties recognize that any actions or modifications of the Master Lease which could eliminate parking from the lease premises require prior approval fram the Planning Commission of the City of Burlingame. (fi) The parties to this Sublease acknowiedge that providing adequate parking is the highest importance for the use of the parcels that are subject to the Master Lease. The granting of the building permi# and the variance for parking was based on the additional parking provided to the site by the leased six (6) parcels. In the event of any change in the terms of the Master L.ease whereby the parcels, ar any one (1) of them, or any part of any of one (1) of them which are subject to the Master Lease are transferred to another use or purpose other than parking or a service necessary for Rector Motor Car, and such change has the effect of removing parking fram the control of the Master Lease or reducing the amount of parking available to the site then notice of such change shail be given in writing to the City of Burlingame Community Development Department at least sixty (6fl) days before fhat change occurs and an application must be made to the City of Burlingame Planning Commission for an amendment to the parking variance depending upon the circumstances presented by the proposed changes and in consideration of any proposed mitigation. (iii) Any proposed change in the contractual terms and relationshfps of the Master Lease or this Sublease including but not limited to a voluntary or involuntary termination of the Master Lease but not including matters of rent, maintenance, and payrnent of money shall be subject to notice to the City of Burlingame Community Development Departrnent and if such proposed changes materially affect parking or reduce parking, at least sixty (60) days before such lease modification can be made, an application must be made to the City of Burlingame Planning Commission for an amendment io the parking variance depending upon the circumstances presented by the proposed changes and in consideraiion of any proposed mitigation. (iv) In the event the duration of this Sublease is made shorier than the original term, or if such term has been extended by exercise of an option, made shorter than the entire option period, or in the event litigation has been resolved the result of which is the Master Lease is terminated, or sorne part or all of the leased parcels are no longer subject to the Master Lease, then at least sixty (60) days before the effect of such change notice of such change shalt be given in writing #Q the City of Burlingame Community Development Department and an application must be made to the City of Burlingame Ptanning Commission for an amendment to the parking �ariance depending upon the circumstances presenied by the proposed changes and in consideration of any proposed mitigation. (v) It is the understanding of the parties to this Sublease that the parking variance was granted in reliance upon the parking provided by the Masfer Lease and its leased parcels and the parking variance may be re�cinded if the events which are subject to the notices described above materially affect parking and no mitigation steps have been approved by the Planning Commission through an amendment to fhe parking variance. The parties recognize that a failure to notify the City of Burlingame Department of Development and to request a modification to the parking varfance from the Planning Commission as provided in Section 6(a)(ii), (iii) and (iv) above or the refusal of the P[anning Commission to grant such modiflcation to the variance shall consfitute an event which causes the variance to be automatically rescinded and no longer in force. (vi) If the loss of parking under this Sublease or the Master Lease is a result of eminent domain, act of God, fire, flood, war, terrorism, or instability of the land, written notice must be given to the City of Burlingaine Community Development Departmen# with respect to such eveni or events. The City of Burlingame and Rector Motor shaA discuss measures to resolve any related parking issues, but such event or events shall not be an automatic basis for revocation or rescission of the parking variance or occupancy perrnit. 7. Maintenance and Sublessor's Obtiaations. Sublessee shall keep the Prernises in good order, condition and repair. Subiessee shall repair or be financially responsible for those repairs. Sublessor shall not be responsible for the demoli6on or removal of any tenant improvements or �ixtures, 8. Surrender. On the )ast day of the Term, or any sooner termination, Sublessee shall surrender the Premises to Sublessor in the same condition as when received, ordinary wear and tear excepted, clean and free of debris. 9. No AssEanment and Sublettina,. Sublessee may not assign, transfer, mortgage, sublet, or otherwise transfer or encumber all or any part of Sublessee's interest in this Sublease or in the Premises 10. Severabilitv. The invalidity of any provision of this Sublease as deterrnined by a caurt of competent jurisdiction, shall in no way affect the validity of any other provision hereof. 11. Incorporatlon of Prior A�reernents• Amendments. This Sublease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement, including without limitation is effective. This Sublease may be modified in writing only, signecl by the parties in interest at the time of the modification. 12. Notices. Any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by certified mail, and if given personally or by mail, shall be deemed sufficientiy given upan the earlier of receipt or three (3} days after rnailing If addressed to Sublessee or to Sublessor at the address noted opposite the signature of the respective parties, as the case may be. 13. Recordlnc�. This Sublease shall not be recorded. 14. Si na e. Sublessee shall be entitled to erect Sublessee's business sign in accordance with Master Landlord's rules. The cost of installation and removal of the signage shall be paid by Sublessee. 3 16. Insurance. a. Sublessee shall maintain a commercial general liability policy in an am�unt of Twenty Million Dollars ($20,000,000) or greater and shall maintain coverage in reasonable amounts with respect to worker's compensation insurance and any other insurance required by all state and local s#atutes and regulations. 5ublessee shall provide proof of insurance for afl premises liability, fire, general liability and oiher insurance maintained by Sublessee. Such proof of insurance shall be sent not less than annually to Sublessar or at any time Sublessor reasonably requires. b. The follorr�ing persons or entities shall be additional named insured on all liability policies: Donald D. Tateosian and Nancy L. Tateosian, as Trustees, under Revocable Trusf Agreernenf Dated October 18, 1989; and all Successor Trustees under the Revocable Trust Agreement Dated October 16, 1989 The Hannay Family Trust The Edwin James Hannay, Jr. Exempt Trust The Cafherfne Elizabefh Hannay Exempt Trust The Hannay Company Certificates of insurance shall be issued annually to the named insureds confirming the extent and terms of coverage. c. Sublessee shall hold harmless, indemnify and defend Sublessor for any claims arising out of the accupancy of the Premises or conducting business. 16. Condemnation. a. Sublessor and Sublessee agree that this Sublease shall govern the rights and obligations of the parties in the event of a taking by eminent domain. Each waives the right provided for in C.C.P. § 1265.130 permitting a party to a lease to petition the Superior Court for a termination of lease in the event of a partial taking. b. In the event of a partial or total taking of the Premises and/or improvements, al) compensation and damages awarded shall belong to and be the sole properly of Sublessor and Sublessee shall have no claim to either compensation or damages for property condemned. Such claim is assigned by Sublessee to Sublessor irrevacably. 17. O tion. The Master Lease contains options to extend its term. Those options are not transferred to Sublessee by reason of this Sublease. Sublessor may elect to exercise an option or both aptions to extend ihe term. In the event of such election this Sublease sha(I be extended by the term of years set forth in such option. 4 IN 1MTNESS WHEREOF, the parties hereto have executed thfs First Amendec! Sublease effective the date first above written. SUBLESSEE RECTOR MOTOR CAR COMPANY By: President 101 a Cadillac Way Burlingame, CA &4010 SUBLESSOR THE HANNAY FAMILY TRUST By: By: 5 E. JAMES HANNAY, Trustee 1010 Cadillac Way Burlingame, CA 94010 MARSHA H. HANNAY, Trustee 1010 Cadillac Vilay Burlingame, CA 94010 EXHIBIT "A" /l o � C�,eo�N i� v S� ,, � �/o� ,, „ �� „ � �o �� .�,�.�.�� /ay/ .. ,. � .�r ��-- ��i��L=� V' �� 'AN - i 2014 0 ::1 'r OF BURLINGAME C:DD-PLANNING DIV, � 5 L�� . � �� + . ; � i �.r-} A�� - ,: j,,,, � � . ; � ; � � t.� ' �, r � f , � � � �c,» � . �.1�� ?�" ]t! � .•'�t x i ' � k "` .\3t� ; "} 2 • ,� ��; �. r� � o ! � -,��w�. • . , Q = "".i'�' ` � � A! �4o v v . 19 A� v.r Kw �j� r. O � ":o �— lo �� a � '0. �; I : `zp • _; w. w � . ' . 3 ce A«� a CARqLAAI � � .. � �.-� a o • ' 4� �� /D�" /? � �a � � ��. r N„'u'�+ r' � M � � .��.. � r � r% • . .� r / ��/1' �. !![ t1() r. -^ � ' � �i � � � ,� � �� N�� w�cts r . ,,.._ ri. ,►. '� ra�c • , ., � 1._ . . �..� � � �.YltT�'�i'1 �?! � S!a 7ifo � � !fi_t f __._., u 17Lf:i ` . .� .! ^;T ?� _ . . � K� --�r— s� � � i' `� � '� �� . 231 . � f31JPCEL �� . /� ' . � � . . .. ,tu�s�'s �►.w coi+wrr aF sw �sen+e uc�r Gtr u�' a,1llt�l�� .��.......��,.. a � i �.a � � k.�. ��.�aA`�� :-�'� , �;,�i CITY OF BURLINGAME CDD-PLANNING DIV. �� E :.::. �, � i i� L L.� �F� ` .3 ZOi3 CITY OF BURLINGAME ;?Y OF ��t_i,�� .,,� VARIANCE APPLICATION - �1 ,'''?F� The Planning Commission is required by law to make findings as defined by the City's Ordinance (Code Section 25.54.020 a-d). 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. a. Describe the exceptional or extraordinary circumstances or conditions applicable fo yovr property which do not apply to ofher properties in this area. Rector Porsche/Audi recently expanded and controls all five(5) parcels that make up the entire block on Rollins Rd, Broadway St, Cadillac Wy and Carolan Ave in Burlingame. Three of these parcels are long term leased (copy of lease attached) and the original Rector parcel is owned by Jim Hannay. See attached exhibit "A" showing ownership interest and leased interest. These leased parcels will continue to be used for car sales and additional showroom space and will be controlled by Jim Hannay for approximately 30 years. Due to the long term lease of these properties we feel they should be considered as one parcel with shared parking and support functions to the main dealership property. b. Explain why the variance reqvest is necessary for the preservation and enjoymenf of a substantial property right and what unreasonable property loss or unnecessary hardship mighf result from fhe denial of the application. The parking variance is necessary, because the City of Buriingame's current ordinance does not recognize shared uses, such as parking, across property lines that are not owned by the same ownership. The long term lease will operate the same as ownership of the parcels giving Jim Hannay control of all four parcels on a long term basis. Rector's site does not provide the required amount of parking. Rector Audi, after improvements, will require 83 stalls. The existing car showroom building requires an additional 10 stalls. The total required number of stalls, for the entire site, is 93 stalls. After improvements 137 stalls will be provided. With the variance, taking all five parcels into consideration, the entire site, will meet and exceed the parking requirements. c. Explain why the proposed use at the proposed location will nof be defrimental or injurious to property or improvements in fhe vicinity or to public health, safefy, general welfare or convenience. The proposed use will not be detrimental nor injurious to property or improvements in the area, because it is consistent with the previous use. The only difference is all four parcels will be controlled by the same owner which is beneficial to the site. The improved parking layout will meet the current city parking standards. It will provide better car circulation and traffic flow. There are no health, safety or general welfare issues related to this variance request. d. How will fhe proposed projecf be compatible with the aesthetics, mass, bulk and characfer of the existing and potential uses on adjoining properties in fhe general vicinify? The variance request allows the dealership to have additional parking spaces for used cars, new car sales and circulation space for the block. It will allow the business to expand on contiguous sites vs. using other lots that are off-site which will reduce additional traffic from adjacent city streets. � CITY p �i' ; d 1 i _��-� `� �.. �°4..oWa, CITY OF BURLINGAME PLANNING COMMISSION APPROVED M/NUTES Monday, September 23, 2013 - 7:00 p. m. City Council Chambers — 501 Primrose Road Burlingame, California CALL TO ORDER Chair Sargent called the September 23, 2013 regular meeting of the Planning Commission to order at 7:00 p.m. II. ROLL CALL � IV. � VI. VII. Present: Commissioners Bandrapalli, Davis, DeMartini, Gaul, Sargent, Terrones, and Yie Absent: None Staff Present: Community Development Director William Meeker; Senior Planner Ruben Hurin; City Attorney Kathleen Kane; and Civil Engineer poug Bell MINUTES The minutes of the September 9, 2013 regular meeting of the Planning Commission will be reviewed at the October 15, 2013 Regular Planning Commission Meeting. APPROVALOFAGENDA There were no changes to the agenda. FROM THE FLOOR No one spoke from the floor. STUDY ITEMS There were no Study Items for discussion. ACTION ITEMS Consent Calendar - Items on the Consent Calendar are considered to be routine. They are acted upon simultaneously unless separate discussion and/or acfion is requested by the applicant, a member of fhe public or a Commissioner prior to the time the Commission votes on the motion to adopt. 1a. 2205 RAY DRIVE, ZONED R-1 - APPLICATION FOR DESIGN REVIEW, SIDE SETBACK VARIANCE AND HILLSIDE AREA CONSTRUCTION PERMIT FOR A FIRST AND SECOND STORY ADDITION TO AN EXISTING SINGLE FAMILY DWELLING (JAMES AND LORETTA STEPHENSON, APPLICANTS AND PROPERTY OWNERS; JAMES MCFALL, MCFALL ARCHITECTURE, ARCHITECT) STAFF CONTACT: RUBEN HURIN 1 b. 1010 CADILLAC WAY, ZONED C-2 -APPLICATION FOR COMMERCIAL DESIGN REVIEW AND PARKING VARIANCE FOR EXPANSION OF AN EXISTING AUTOMOBILE DEALERSHIP (KEN CITY OF BURLINGAME PLANN/NG COMMISSION — Approved Minutes September 23, 2013 RODRIGUES, KENNETH RODRIGUES & PARTNERS, APPLICANT AND ARCHITECT; JIM HANNAY, RECTOR MOTORS CAR CO., PROPERTY OWNER) (17 NOTICED) STAFF CONTACT: ERICA STROHMEIER Commissioner Terrones moved approval of the Consent Calendar based on the facts in the sfaff reports, Commissioners comments and the findings in the staff reports, with recommended conditions in the staff reports and by resolution. The motion was seconded by Commissioner Sargent. Chair Sargent called fora voice vote on the motion and it passed 7-0-0-0. Appeal procedures were advised. This item concluded at 7:01 p.m. VIII. REGULAR ACTION ITEMS 2. 2346 HAL DRIVE, ZONED R-1 — PPLICATION FOR AME MENT TO DESIG REVIEW FOR CHANGES A PREVIOUSLY APPR VED SECOND STORY A DITION TO AN EXI ING SINGLE FAMILY DWE ING WITH A DETACHE GARAGE (AUDREY TSE, NSITE DESIGN, APP CANT AND DESIGNER; J N TAM AND LANA L E, PROPERTY OWNE ) STAFF CONTA T: ERICA STROHMEIER II Commissioners h visited the project site. There were no ex parte co munications. Referen staff port dated Septembe 3, 2013, with attachm ts. Community Developm t Director Meeker pres nted th report, reviewed crit �a and staff comments. Que�tions of staff: Chair Sar nt opened the public anng. Audrey Tse d Lana Lee represent the applicant. Commission co ments: ■ Believes t revisions look great. T changes work bette ■ Thanked th applicant for continuin to review the proje improvemen�. ■ Clarified that t�le wall on the left side de wall is in the same blic comments: '� � � ■ None. '< 't There e no further comm Additional mmission comr and the public hearing ■ The c nges enhance the c�sign. �, Commissioner moved to approve fl'ae application, by 1. that the pro September �q ct shall be built as sho\ 9, 013, sheets A1.0 th i the overall design. design and to continu to make as the left wall. (Tse�yes.) with the following co dit, on the plans submitted t he Planning Division ate stamped �gh A2.6.0; and date sta ed March 12, 2013, rvey; 2 closed. CITY OF BURL/NGAME PLANN/NG COMMISSION — Approved Minutes September 9, 2013 9. 1010 CADILLAC WAY, ZONED C-2 — APPLICATION FOR COMMERCIAL DESIGN REVIEW AND PARKING VARIANCE FOR EXPANSION OF AN EXISTING AUTOMOBILE DEALERSHIP (KEN RODRIGUES, KENNETH RODRIGUES & PARTNERS, APPLICANT AND ARCHITECT; JIM HANNAY, RECTOR MOTORS CAR CO., PROPERTY OWNER) STAFF CONTACT: ERICA STROHMEIER All Commissioners had visited the project site. Commissioner De Martini noted that he had met with the applicant. Reference staff report dated September 9, 2013, with attachments. Associate Planner Strohmeier briefly presented the project description. Questions of Staff: How many other parking variances have been granted in the vicinity of this project? Impacts of such variances are cumulative. (Strohmeier — analyzed the impacts on a site basis and on the basis of the entire block. The only other use in the area is North Park Apartments.) In the future would be helpful to take into account other variances that have been granted in the area. Could still have granted many variances, but still have plenty of parking. (Meeker — understands the concern, but not certain how it applies in this instance as the entire site provides adequate parking. The variance is only requested because the parking is distributed across multiple properties that constitute the site. Strohmeier — the applicant has long-term leases for all of the properties on the block and will be making improvements to circulation and parking.) Chair Sargent opened the public comment period. Kenneth Rodrigues and Jim Hannay represented the applicant. Commission comments: The upgrades to the fa�ade are great. Is there a means of including a condition to address cross-parking on the block? Also concerned that if the applicant loses control of a property, then the parking could become substandard. (Meeker — is common under these circumstances to include a condition requiring cross-parking easements. Cited the example of Burlingame Plaza, where there are easements across multiple parcels for parking purposes. Strohmeier — noted that there are a total of 24 additional spaces available on an adjacent property owned by Rector. Rodrigues — are attempting to hold all vehicles on site; other dealerships may have inventory stored elsewhere. Kane — can require cross easements that guarantee the availability of parking.) Need to look at the site as a whole. Has no issue with the parking variance. Expressed concern that the design is appropriate for places like Southern California, but may not be appropriate on Broadway. Is there another building in the area with a similar finish? What will be the actual color of the finishing material? (Rodrigues — the color is as represented on the sample provided. Cannot deviate from the material as it is required by Audi corporate. The design provides an extensive amount of glass that doesn't currently exist and will improve the pedestrian character of the site. Are making significant structural modifications in order to improve the site. Have come up with a great solution that marries City requirements with the Audi corporate requirements. Pacific Audi in Torrance is the closest location with a similar design. Hannay — noted that the design cannot be deviated from and that construction must commence by December 2013 or funding will be compromised.) Noted some variation in the appearance of the actual material and the rendering; shadows create an effect. (Rodrigues — this will occur due to the honeycomb pattern. Meeker — suggested providing 23 CITY OF BURLINGAME PLANN/NG COMMISSION — Approved Minufes September 9, 2013 high-definition photos of an existing project as no one will be traveling to Southern California to see an example.) ■ Feels the exterior finish is gorgeous. It has an organic quality about it. ■ Has no problem with the parking variance. ■ Has always been bothered by the Broadway elevation of the property. This is the gateway to the North Rollins Road area. ■ Reminded the Commission that there are three gas stations within a block of the site. This will be a significant improvement. (Rodrigues — had no idea of the quality of the Broadway overpass improvements. That will also contribute to the attractiveness of the area. Would be surprised if the gas stations will remain following such significant improvements to the area.) ■ Excited about the improvements. Public comments: None. There were no other comments from the floor and the public hearing was closed. Commissioner Yie made a motion to place the item on the Consent Calendar when complete. This motion was seconded by Commissioner Sargent. Discussion of motion: None. Chair Sargent called for a vote on the motion fo place this item on the Consent Calendar when plans have been revised as directed. The motion passed on a voice vote 7-0-0-0. The Planning Commission's action is advisory and not appealable. This item concluded at 10:23 p.m. X. COMMISSIONERS' REPORTS There were no Commissioner's Reports. XI. DIRECTOR'S REPORT Commission Communications: None. Actions from Regular City Council meeting of September 3, 2013: None to report. FYI: 1800 Trousdale Drive - review of proposed changes to a previously approved Design Review Project: The item was pulled for a future public hearing. 24 Project Comments Date: To: From: Revised Plans Submitted July 16, 2013 X Engineering Division (650) 558-7230 � Building Division (650) 558-7260 0 Parks Division (650) 558-7334 0 Fire Division (650) 558-7600 0 Stormwater Division (650) 342-3727 � City Attorney (650) 558-7204 Planning Staff Subject: Request for Commercial Design Review for expansion of an existing automobile dealership at 1010 Cadillac Way, zoned C-2, APN: 026- 233-090 Staff Review: N/A Responses to previous comments #1 and 2 from June 25, 2013 are acceptable. If the easement is not being utilized and the owner is responsible for the sewer lines within the property, the easement needs to be abandoned. Reviewed by: V V Date: 8/15/2013 Project Comments Date: To: From: June 4, 2013 X Engineering Division (650) 558-7230 � Building Division (650) 558-7260 � Parks Division (650) 558-7334 0 Fire Division (650) 558-7600 � Stormwater Division (650) 342-3727 � City Attorney (650) 558-7204 Planning Staff Subject: Request for Commercial Design Review for expansion of an existing automobile dealership at 1010 Cadillac Way, zoned C-2, APN: 026-233-090 Staff Review: June 10, 2013 � It appears that the storm drain and sanitary sewer systems within the site are shown incorrectly. Plans need to be revised to show existing utilities and easements accurately as the proposed improvements may be affected. � Applicant needs to contact Augustine Chou at (650) 558-7236 to coordinate with the Broadway interchange project to avoid potential conflicts. 3. Storm drainage shall be designed to drain towards the street frontage or to the City storm drain system. 4. Replace all displaced/damaged sidewalk, driveway, curb and gutter. 5. Sewer backwater protection certification is required. Contact Public Works — Engineering Division at (650) 558-7230 for additional information. Reviewed by: V V Date: 6/25/2013 r. ,. .�, . . ._.,, .. .... . _.,r.- . .... , ..... . .,: ....... . , .... o,., . ....,, ..._,.,. � Project Comments Date: Revis , To: � Engineering Division � Fire Division (650) 558-7230 (650) 558-7600 From: Subject: Staff Review: X Building Division (650) 558-7260 0 Parks Division (650) 558-7334 Planning Staff � Stormwater Division (650) 342-3727 0 City Attorney (650) 558-7204 Request for Commercial Design Review and Parking Variance for expansion of an existing automobile dealership at 1010 Cadillac Way, zoned C-2, APN: 026-233-090 N/A All conditions of approval as stated in all previous reviews of this project will apply to this project. When plans are submitted for Building Code compliance plan check, revise the plans to include the following information: 1. Remove all references to "Handicap", "Handicapped", or "HC" and replace with the terms "Accessible", "ACC", or "D.A." References to "HC" continue to be found on the plans. See page A1.1. 2. Label the showers in the Minimum Plumbing Fixture Table to show that one shower will be designated for Men and another shower shall be designated for Women. 3. Since a Request for Unreasonable Hardship was not submitted as required in comment Number 22a the plans must show full compliance with the accessibility requirements found in CBC Chapter 11 B for existing buildings. 4. A response was not found to comment 22g. On the plans specify accessible countertops at the "service reception" areas, "service write up" areas, "parts counter" and "cafe." 5. Architects are advised to specify construction dimensions for accessible features that are below the maximum and above the minimum dimension required as construction tolerances generally do not apply to accessible features. See the California Access Compliance Manual — Interpretive Regulafion 11B-8. �-----��---; Reviewed b • �� Date: 8-20-2013 / �' � �..�� . .�.�,..,... _.,...... .. _,....:: , , _,,..,�....._,. � Project Comments � Date: � From: Subject: Staff Review: Revised Plans Submitted July 16, 2013 0 Engineering Division (650) 558-7230 X Building Division (650) 558-7260 � Parks Division (650) 558-7334 � Fire Division (650) 558-7600 � Stormwater Division (650) 342-3727 0 City Attorney (650) 558-7204 Planning Staff Request for Commercial Design Review for expansion of an existing automobile dealership at 1010 Cadillac Way, zoned C-2, APN: 026- 233-090 N/A Resubmittal Comments : --.. . ._. _ _ . _, Plans we.r.�-xa�o#--revised to address comments 1, 2, 3, 4, 7, 8, 10, 11;�12;`�18;��22;��4; -------�..` `_..._._._ - _ -- -�Z"5; nd�26. Revise the plans to provide the information as requested. ��_..._— ___. _. _. .�. ,-', �----. ' 13. In �i�cate on the plans that a Grading Permit, if required, will be obtained from the ��artment of Public Works. No response �1lustrate compliance with the minimum plumbing fixture requirements, for the new addition, as described in the 2010 California Plumbing Code, Chapter 4, Table 4-1 Minimum Plumbing Facilities and Table A- Occupant Load Factor. Revise the Plumbing Fixture Calculation on Sheet A2 as follows: In the row labeled Office/Sales/Showroom Occupant Load Men/Women Water Closets required Urinals required Lavatories required 48 / 48 Men 2 Men 1 Men 2 Women 3 Women 2 Water closets to be provided Men 2 Women 3 Urinals to be provided Men 1 Lavatories to be provided Men 2 Women 2 Showers to be provided Men 1 Women 1 Drinking Fountains to be provided 1 Show the location of the accessible drinking fountain on the plans. In the row labeled Service/Workshop/Storage Occupant Load Men/Women 6/ 6 27. ecify the total number of customer parking spaces and the number of employee parking spaces on site. The response to this comment did not clearly address all aspects of the question. On the plans indicate which parking spaces are designated for customers, employees, and inventory. Although no accessible parking is required for parking spaces designated for auto inventory, accessible parking is required for both customers and employees. ��On Page A1 relocate the accessible parking space which has an access aisle on the driver's side. Note: It will be difficult to achieve Code compliance if the access aisle is placed on the passenger side of the vehicle at this location Because you have elected to keep this accessible parking space at this location the path of travel from the access aisle to the main entry, via the public sidewalk, is difficult as indicated in the original comment "Note." (See above!) On the plans show a Code compliant path of travel from this accessible parking access aisle to the front entry. �9.f S cify if customers will be allowed access to the parking spaces at the new ition or if this parking area wi11 be solely for vehicle inventory. The response to this comment did not address the question. A written response to the items noted here and plans that specificallv address and / or _qraphically illustrate items 1, 2, 3, 4, 7, 8, 10, 11, 12, 13, 18, 20, 22, 24, 25, 26, 27, 28, and 29 must be re-submitte � fore this project can move forward for Planning Commission action. ___.._._� � ., � Date: 7-23-2013 w,.� ...... . ........ . .,.�.„... ,.,....._ . ,. 4..,_ . ...,,_,.., _ .....,.. _,.. ,._,.._....�. � Pro�ect Comments Date: June 4, 2013 To: � Engineering Division (650) 558-7230 X Building Division (650) 558-7260 � Parks Division (650) 558-7334 From: Planning Staff 0 Fire Division (650) 558-7600 � Stormwater Division (650) 342-3727 � City Attorney (650) 558-7204 Subject: Request for Commercial Design Review for expansion of an existing automobile dealership at 1010 Cadillac Way, zoned C-2, APN: 026-233-090 Staff Review: June 10, 2013 ;� On the plans specify that this project will comply with the 2010 California Building Code, ` 2010 California Residential Code (where applicable), 2010 California Mechanical Code, 2010 California Electrical Code, and 2010 California Plumbing Code, including all amendments as adopted in Ordinance 1856-2010. Note: If the Planning Commission has not approved the project prior to 5:00 p.m. on December 31, 2013 then this project must comply with the 2013 California Building Codes. � Specify on the plans that this project will comply with the 2008 California Energy Efficiency Standards. Go to http://www.enerqy.ca.gov/title24/2008standards/ for publications and details. '3) Place the following information on the first page of the plans: "Construction Hours" Weekdays: 7:00 a.m. — 7:00 p.m. Saturdays: 9:00 a.m. — 6:00 p.m. Sundays and Holidays: 10:00 a.m. — 6:00 p.m. (See City of Burlingame Municipal Code, Section 13.04.100 for details.) �� On the first page of the plans specify the following: "Any hidden conditions that require work to be performed beyond the scope of the building permit issued for these plans may require further City approvals including review by the Planning Commission." The building owner, project designer, and/or contractor must submit a Revision to the City for any work not graphically illustrated on the Job Copy of the plans prior to performing the work. 5) Anyone who is doing business in the City must have a current City of Burlingame business license. 6) Please Note: Architects are advised to specify construction dimensions for accessible features that are below the maximum and above the minimum dimension required as construction tolerances generally do not apply to accessible features. See the California Access Compliance Manual — Interpretive Regulation 11 B-8. r7) Provide fully dimensioned plans. �� Provide a fully dimensioned site plan which shows the true property boundaries, the `--� location of all structures on the property, existing driveways, and on-site parking. 9) Provide existing and proposed elevations. ��)�Provide a complete demolition plan that indicates the existing walls, walls to be demolished, new walls, and a legend. NOTE: A condition of this project approval is that the Demolition Permit will not be issued and, and no work can begin (including the removal of an building components), until a Building Permit has been issued for the project. The property owner is responsible for assuring that no work is authorized or performed. �1 Show the distances from all exterior walls to property lines or to assumed property lines Show the dimensions to adjacent structures. � Indicate on the plans that a Grading Permit, if required, will be obtained from the Department of Public Works. 14) Provide guardrails at all landings. NOTE: All landings more than 30" in height at any point are considered in calculating the allowable lot coverage. Consult the Planning Department for details if your project entails landings more than 30" in height. 15) Provide handrails at all stairs where there are four or more risers. 16) Provide lighting at all exterior landings. � Provide a title block on the plans that includes the name of the owner(s) and the name, address, and phone number of the project designer. � On your plans provide a table that includes the following: a. Occupancy group for each area of the building b. Type of construction c. Allowable area d. Proposed area e. Allowable height f. Proposed height g. Proposed fire separation distances h. Exterior wall and opening protection i. Allowable ii. Proposed i. Indicate sprinklered or non-sprinklered �9�" Acknowledge that, when plans are submitted for building code plan check, they will include a complete underground plumbing plan including complete details for the connection of any new underground piping to existing underground drainage piping. �� Illustrate compliance with the minimum plumbing fixture requirements, for the new addition, as described in the 2010 California Plumbing Code, Chapter 4, Table 4-1 Minimum Plumbing Facilities and Table A- Occupant Load Factor. �) Separate toilet facilities are required for each sex, except: a. Residential occupancies b. Occupancies serving ten or fewer people may have a toilet facility for use by more than one person at a time, shall be permitted for use by both sexes. c. Business and Mercantile occupancies with 1500 square feet or less may have a toilet facility for use by no more than one person at a time, shall be permitted for use by both sexes. 2010 CPC §412.3 �` ) Show compliance with all accessibility regulations found in the 2010 CBC for existing buildings including: a. Provide details on the plans which show that the entire site complies with all accessibility standards. NOTE: If full accessible compliance cannot be achieved complete the attached Request for Unreasonable Hardship. b. Specify the accessible path of travel from the public right of way to the area of alteration. c. Specify an accessible path of travel from all required exits to the public right of way. d. Specify the path of travel from on-site parking to the area of alteration. e. Specify the path of travel from the cashier to the vehicle pickup area. f. Specify a level landing, slope, and cross slope on each side of the door at all required entrances and exits. g. Specify accessible countertops at the "service reception" areas, "service write up" area, "parts counter", and "cafe." h. Provide complete dimensioned details for the "employee washroom" i. Eliminate the "Unisex Restroom" in the employee washroom area and specify on the plans that a separate accessible restroom will be provided for each gender. j. Provide complete dimensioned details for accessible bathrooms k. Specify that an "employee washroom" will be provided for each gender I. Provide complete, dimensioned details for accessible parking m. Specify a minimum 48" wide walkway with a 6" x 6" concrete curb (or 42" high guardrail) where a walkway is adjacent to the drive aisle n. Provide details on the plans which show that the building elevator complies with all accessible standards �Acknowledge that a complete accessible signage package will be provided on the set of plans submitted for Building Code compliance plan check. Q Provide the interior dimensions for the elevator. � Provide an exit plan showing the paths of travel � Provide details for the new car wash specifically addressing how it will interface with the existing Showroom Building. 27 Specify the total number of customer parking spaces and the number of employee parking spaces on site. � On Page A1 relocate the accessible parking space which has an access aisle on the driver's side. Note: It will be difficult to achieve Code compliance if the access aisle is placed on the passenger side of the vehicle at this location. �j Specify if customers will be allowed access to the parking spaces at the new addition or if this parking area will be solely for vehicle inventory. NOTE: A written response to the items noted here and plans that specifically address items 1, 2, 3, 4, 7, 8, 10, 11, 12, 13, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29 must be re-submitted before this pro' ct can move forward for Planning Commission action. _ _�-- /� ate: 6-5-2013 Project Comments Date: To: From: Revised Plans Submitted July 16, 2013 � Engineering Division (650) 558-7230 � Building Division (ss�) ��s-�2�� X Parks Division (650} 558-7334 � Fire Division (650) 558-7600 � Stormwater Division (65L) 3T2�3727 � City Attorney (650) 558-7204 Pfanning Staif Subject: Request for Commercial Design Review for expansion of an existing automobile dealership at 1010 Cadillac Way, zoned C-2, APN: 026- 233-090 Staff Review: N/A i. Irrig�tieri Pi�r� r��quir�al far Buiiding P�rmii Reviewed by: B Disco Date: 8/5/13 OUTDOOR �fUA�'ER USE EFFICtE�CY CHECKLi�T I that the subjett oject mee specified requirements of the Water Consenration in Landscaping Ordinance. u �',� 2013 � Date ❑ Single Family 0 Multi-Family Appficant Name (printj: �y Praject 5ite Address: i D i � Project Area (sq.ft. or acre): '�. Turf Non-Turf Muich �rrfgatian ��stem Eificier�cy irrigation System f�esign lrrigatlon Time Commercial ❑ lnstitutional ❑ Irrigation only 0 lndustrial D Other: � I�. L�� Contact Phone #: � � �!��i # of Units: { Landscape Area (sq.ft.): # of Meters: Turf Irrigated Area (sq.ft.): Non Turf Irrigated Area (sq.ft.): Special Landscape Area (SLA) (sq.ft.): Water Feature Surfare Area (sq.ft.}: Less than 25% of the (andsppe area is ❑ Yes �rf �l No, See Water Budget All turF a reas are > 8 feet wide Q1i Yes All turf is planted on slopes < 25% � Yes At least 80% of non-turf area is native D Yes or low water use plants 1� No, Se� Water Budget Plants are grouped by Hydrozones �Yes Rt least 2-inchs of mulch on exposed 8� Yes soil surfaces 7Q% ETo (100% ETo for SIAs) {� Yes No Qverspray or runo� � Y� 5ystem efficiency > 70% �i• Yes Automatic, self-acijusung irrigation ❑ No, not required ror Tier 1 controllers � �Ps Moisture sensor/rain sensor shutofrs �! Yes No sprayheads in <�-ft wide area � Yes �5ystem only operates behveEn S PM A� Yes and 10 AAA tYletering Separate irrigation meter Q No, not required because < 5,000 sq.ft. • C� Yes �win�m€ng Poaks /�pas Cover highl;� recommend�d ❑ Yes 1.L/� nj 0 No, not required �l�►ater Fea�ures Recirculating � Y� � Less than 10% of landscape area ❑ Yes Documantatfan Checktist � Y� Landscap2 and {rrigation Design Plan ❑ Prepared b�� applicant � Prepared by professianal� Lhrater Budget (optional) Q Prepared 6}� applicant � � Pr2par�d by p� ofessional �u�� Post-install�ti�n audit compieted a Complet?d Sy applicant � Campleted by professional OUl"DOOR If�ATE� USE EFFICIENCY GHEC�LIST � : - Q � - � o � • - Auditar: �- -;�rF - ` . ` ' �"�� sss. �'r: �. . •� w. . •�' rria,�,�: .. Mate als Received and Reviewed• �ater Conservation in Landscaping Ordinance �utdoor Water Use EfFiciency Checklist Outdoor Water Use Efficiency Checklist Water Budget '�Water Budget Calculation Worksheets �Landscape Plan ❑ Plant List ❑ Post-InstalfationAudit ❑ Other�� J �`��/ y'�' ��,� �,�� -F'/� . a. • r' ' Y Date Reviewed: `T .�. " ' i ❑ Follow up required (expiain): 0 Drip irrigation ❑ Self-adjusting Irrigation Controller Date Resu6mitted: �f Plant palate Date Approved: �"f�ee (3) inches of mulch Dedicated lrctgation Meter Required: � il amendment (e.g., compost) Meter sizing: � Greding ❑ Pool and/or spa cover O Dedicated irrigation meter a Other: Comments: .�� , �yo� / Cy�V � / �%�(,(� � 'yt,t'a1f 5efected des�nitlans: Tier 1 New canstruction ancl rehabilitated landscapes with irrigated landscape areas between 1,000 and 2,500 square feet requiring a builc#ing or lancfscape permit, plan check or design review,�or new or expanded water sei-nrice. Tier Z New construction and rehabflltated landsrapes with irrigated landscape areas greater than 2,500 square feet requiring a bu(Idfng or landscape permit, plan checkor design review. �o Reference evapotranspiration means the quantity of water evaporated frorn a large field of four-to severrinch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of estimating water budgets so that r2gional differences in climate can be accommodated. g� Special l�ndscaped Area. Includes edible plants, ar�as irrigated with recycled water, surface water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surFace. Pro#essional Professional is a"certined professional° or "authorized professional" that is-a certified irrigation designer, a certified landscape irrigation auditor, a licensed landscape architect, a licensed landscape contrector, a licensed professional engineer, or any other person authorized by the state to design a landscape, an irrigation system, or authoriz�d to complete a water budget, irrigation survey or irrigation audit. Wzter Feature A design element where open water performs an aesthetic or recreational function.lNater features include ponds, lakes, watErfalis, fountains, arCiricial streams, spas, and swimming pools (where water is artificially supplied}. Project Comments Date: To: From: June 4, 2013 � Engineering Division (650) 558-7230 � Building Division (650) 558-7260 X Parks Division (650) 558-7334 0 Fire Division (650) 558-7600 � Stormwater Division (650) 342-3727 � City Attorney (650) 558-7204 Planning StafF Subject: Request for Commercial Design Review for expansion of an existing automobile dealership at 1010 Cadillac Way, zoned C-2, APN: 026-233-090 Staff Review: June 10, 2013 1. Landscape plan is required to meet `Water Conservation in Landscape Regulationsn (attached). Irrigation Plan required for Building permit. Audit due for Final. Reviewed by: B Disco Date: 6/10/13 Project Comments Date: To: From: June 4, 2013 � Engineering Division (650) 558-7230 � Building Division (650) 558-7260 0 Parks Division (650) 558-7334 8 Fire Division (650) 558-7600 � Stormwater Division (650) 342-3727 0 City Attorney (650) 558-7204 Planning Staff Subject: Request for Commercial Design Review for expansion of an existing automobile dealership at 1010 Cadillac Way, zoned C-2, APN: 026-233-090 Staff Review: June 10, 2013 r. 3 �! 5 ��.�� ; �I �.i �: Y E I- '- ' Any modifications to the sprinkler system shall not be conducted until a fire sprinkler permit has been obtained from the Central County Fire Department. Relocation of any paint booths shall require a fire code permit and verification that the paint booth and paint booth fire suppression system are currently serviced. Prior to final of the project, the fire sprinkler system shall complete it's required five year service as required by Title 19 and NFPA 25. The service was due to expire in 2012. Plans for the existing fire sprinkler backflow prevention device shall be submitted for review by the Burlingame Water Department and shall be made compliant to current San Mateo County Environmental requirements prior to final. The applicant shall ensure proper drainage in accordance with the City of Burlingame Engineering Standards is available for the fire sprinkler main drain and inspector test on the building plumbing drawings. These items may drain directly to landscape or in the sewer with an air gap. �'ii�` (i(� .V �,`��, :._j� il.ai�Nl� c��-f��r�hir�G ��v. __ Reviewed by: �� Date: s d/�-�- �3 Project Comments Date: 1� From: June 4, 2013 � Engineering Division (650) 558-7230 � Building Division (650) 558-7260 � Parks Division (650) 558-7334 0 Fire Division (650) 558-7600 X Stormwater Division (650) 342-3727 � City Attorney (650) 558-7204 Planning Staff Subject: Request for Commercial Design Review for expansion of an existing automobile dealership at 1010 Cadillac Way, zoned C-2, APN: 026-233-090 Staff Review: June 10, 2013 The Stormwater Requirements Checklist has been filled out and returned. It indicates that the project does not trigger the new stormwater requirements. 1) Comments included in earlier review should be incorporated during building permit issuance. For assistance please contact Stephen D. at 650-342-3727 F�ECi��E[� �; �.,� � ; �.:: ; ; 0!= BURLi�GAt�tE GDL-P`1;��^�;r.G DIV. Reviewed by: SD ' � Date: 6/11/13 � SAN MATE� COUNTYWIDE Water Pollution Preverrtion Program INSERT CITY SPECIFIC INFO HERE Stormwater Checklist for Small Projects ADDRESS Municipal Regional Stormwater Permit (MRP) PHONE Order No. R2-2009-0074 ; Order No. R2-2011-OOS3 F� NPDES No. CAS612008 WEB (for those who allow download etc) Complete this form for individual single family home projects of any size, other projects that create and/or replace less than 10,000 square feet of impervious surface, and projects in the following categories that create and/or replace less than 5, 000 square feet of impervious surface: restaurants, retail gasoline outlets, auto service facilities', and parking lots (stand-alone or part of another use). t � , r ,� �, A.Projectlnformation �E�' � `}, i ° .�''„.�` A.1 Project Name: ��DI� /7K�/ q,2 Project Address: �� 'dj�� %�-� �f�(rL �l�L��llC.2 A.3 ProjectAPN: �� -233 '�� l ,•, ._ _ �,-,_i, _•o�,nG � , �� a'. ! �.:, i_', , . B. Select Appropriate Site Design Measures B.1 Does the project create and/or replace 2,500 square feet or more of impervious surFace2? ❑ Yes � No ➢ If yes, and the project will receive final discretionary approval on or after December 1, 2012, the projecf must include one of Site Design Measures a through f.3 Fact sheets regarding site design measures a through f may be downloaded at http://www.flowstobay.org/bs new development.php#flyers. ➢ If no, or the project will receive final discretionary approval before December 1, 2012, the project is encouraged to implement site design measures4, which may be required at municipality discretion. Consu/t with municipal staff about requirements for your project. 6.2 Is the site design measure included in the project plans? a. Direct roof runoff into cisterns or rain barrels and use rainwater for irrigation or other non-potable use. b. Direct roof runoff onto vegetated areas. c. Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas. Plan Yes No Sheet No. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ d. Direct runoff from driveways and/or uncovered parking lots onto vegetated areas. e. Construct sidewalks, walkways, and/or patios with permeable surfaces. f. Construct bike lanes, driveways, and/or uncovered parking lots with permeable surfaces. g. Minimize land disturbance and impervious surface (especially parking lots). h. Maximize permeability by clustering development and preserving open space. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ i. Use micro-detention, including distributed landscape-based detention. j. Protect sensitive areas, including wetland and riparian areas, and minimize changes to the natural topography. k. Self-treating area (see Section 4.2 of the C.3 Technical Guidance) ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ I. Self-retaining area (see Section 4.3 of the C.3 Technical Guidance) ❑ ❑ m. Plant or preserve interceptor trees (Section 4.1, C.3 Technical Guidance) � See Standard Industrial Classification (SIC) codes here. Z Complete the C.3/C.6 Development Review Checklist if the project is not an individual single family home, and it creates and/or replaces 10,000 square feet or more of impervious surface; or if it is a restaurant, retail gasoline outlet, auto service facility, or parking lot project that creates and/or replaces 5,000 square feet or more of impervious surface. 3 See MRP Provision C.3.i. 4 See MRP Provision C.3.a.i.(6). 1 Approved December 4, 2012 Stormwater Checklist for Small Projects C. Select appropriate source controis (Encouraged for all projects; may be required at municipal discretion. Consult municipal staff.5) Are these Features that features in require source project? control measures Source control measures (Refer to Local Source Control List for detailed requirements) Is source control measure included in project plans? Plan Yes No Sheet No. �� 0� 0� nr•� Storm Drain Floor Drains Parking garage Landscaping � � Pool/Spa/Fountain ❑ ❑ Food Service Equipment (non- residential) ❑ ❑ Refuse Areas ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Outdoor Process Activities Outdoor EquipmenU Materials Storage Vehicle/ Equipment Vehicle/ Equipment Repair and Maintenance ❑ ❑ Fuel Dispensing Areas ❑ � ❑ � Loading Docks ❑ � ❑ � Fire Sprinklers ■ Mark on-site inlets with the words "No Dumping! Flows to Bay" or equivalent. ■ Plumb interior floor drains to sanitary sewer [or prohibit]. ■ Plumb interior parking garage floor drains to sanitary sewer.s ■ Retain existing vegetation as practicable. ■ Select diverse species appropriate to the site. Include plants that are pest- and/or disease-resistant, drought-tolerant, and/or attract beneficial insects. ■ Minimize use of pesticides and quick-release fertilizers. ■ Use efficient irrigation system; desiqn to minimize runoff. ■ Provide connection to the sanitary sewer to facilitate draining.s Provide sink or other area for equipment cleaning, which is: ■ Connected to a grease interceptor prior to sanitary sewer discharge.s • Large enough for the largest mat or piece of equipment to be cleaned. ■ Indoors or in an outdoor roofed area designed to prevent stormwater run-on and run-off and signed to require equipment washing in this area. ■ Provide a roofed and enclosed area for dumpsters, recycling containers, etc., designed to prevent stormwater run-on and runoff. ■ Connect any drains in or beneath dumpsters, compactors� and tallow bin areas serving food service facilities to the sanitary sewer. ■ Perform process activities either indoors or in roofed outdoor area, designed to prevent stormwater run-on and runoff and to drain to the sanitary sewer.fi • Cover the area or design to avoid pollutant contact with stormwater runoff. ■ Locate area only on paved and contained areas. ■ Roof storage areas that will contain non-hazardous liquids, drain to sanitary sewer6 and contain by berms or similar. ■ Roofed, pave and berm wash area to prevent stormwater run-on and runoff, plumb to the sanitary sewers, and sign as a designated wash area. ■ Commercial car wash facilities shall discharge to the sanitary sewer.6 ■ Designate repair/maintenance area indoors, or an outdoors area designed to prevent stormwater run-on and runoff and provide secondary containment. Do not install drains in the secondary containment areas. ■ No floor drains unless pretreated prior to discharge to the sanitary sewer. 6 • Connect containers or sinks used for parts cleaning to the sanitary sewer. 6 • Fueling areas shall have impermeable surface that is a) minimally graded to prevent ponding and b) separated from the rest of the site by a grade break. ■ Canopy shall extend at least 10 ft in each direction from each pump and drain away from fueling area. ■ Cover and/or grade to minimize run-on to and runoff from the loading area. ■ Position downspouts to direct stormwater away from the loading area. ■ Drain water from loading dock areas to the sanitary sewer.s ■ Install door skirts between the trailers and the buildinq. ■ Design for discharge of fire sprinkler test water to landscape or sanitary sewers ❑ ❑ Miscellaneous • Drain condensate of air conditioning units to landscaping. Large air Drain or Wash conditioning units may connect to the sanitary sewer.6 Water ■ Roof drains shall drain to unpaved area where practicable. • Drain boiler drain lines, roof top equipment, all washwater to sanitary sewers. ❑ ❑ Architectural ■ Drain rinse water to landscaping, discharge to sanitary sewers, or collect and Copper dispose properly offsite. See flyer "Requirements for Architectural Copper." �� C �C OC ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 5 See MRP Provision C.3.a.i(7). 6 Any connection to the sanitary sewer system is subject to sanitary district approval. � Businesses that may have outdoor process activities/equipment include machine shops, auto repair, industries with pretreatment facilities. 2 Approved December 4, 2012 Stormwater Checklist for Small Projects D. Implement construction Best Management Practices (BMPs) (Required for aJ! projecfs.) D.1 Is the site a"High Priority Site"? (Municipa! staff wi/l make fhis determination; if the answer is yes, Yes ❑ No x the project wiN be referred fo construction site inspection staff for monthly stormwater inspections during the wet season, Ocfober 1 through April 30.) ■"High Priority Sites" are sites that require a grading permit, are adjacent to a creek, or are otherwise high priority for stormwater protection during construction per MRP Provision C.6.e.ii(2). D.2 Atl projects require appropriate stormwater BMPs during construction, indicate which BMPs are included in the project, below. Yes No Best Management Practice (BMP) p❑ Attach the San Ntateo Countywide Water Pollution Prevention Program's construction BMP plan sheet to project plans and require contractor to implement the applicable BMPs on the plan sheet. �❑ Temporary erosion controls to stabilize all denuded areas until permanent erosion controls are established. ❑ � Delineate with field markers clearing Iimits, easements, setbacks, sensitive or critical areas, buffer zones, trees, and drainage courses. xp ❑ Provide notes, specifications, or attachments describing the following: ■ Construction, operation and maintenance of erosion and sediment controls, include inspection frequency; ■ Methods and schedule for grading, excavation, filling, clearing of vegetation, and storage and disposal of excavated or cleared materiat; ■ Specifications for vegetative cover 8 mulch, include methods and schedules for planting and fertilization; ■ Provisions for temporary and/or permanent irrigation. ❑ � Perform clearing and earth moving activities only during dry weather. ❑ X Use sediment controls or filtration to remove sediment when dewatering and obtain all necessary permits. 0 ❑ Protect all storm drain infets in vicinity of site using sediment controls such as berms, fiber rolls, or filters. p � Trap sediment on-site, using BMPs such as sediment basins or traps, earthen dikes or berms, silt fences, check dams, soil blankets or mats, covers for soil stock piles, etc. ❑ p Divert on-site runoff around exposed areas; divert off-site runoff around the site (e.g., swales and dikes). 0❑ Protect adjacent properties and undisturbed areas from construction impacts using vegetative buffer strips, sediment bamers or filters, dikes, mulching, or other measures as appropriate. � ❑ Limit construction access routes and stabilize designated access points. p❑ No cleaning, fueling, or maintaining vehicles on-site, except in a designated area where washwater is contained and treated. � ❑ Store, handle, and dispose of construction materialslwastes properiy to prevent contact with stormwater. �❑ Contractor shall train and provide instn�ction to all employees/subcontractors re: construction BMPs. p � Control and prevent the discharge of all potential pollutants, including pavement cutting wastes, paints, concrete, petroleum products, chemicals, washwater or sediments, rinse water from architectural copper, and non-stormwater discharges to storm drains and watercourses. Name of applicant completing the fortn: Natalva Bach Signature: _ Date: f�r 7� ��j F. CnmmPnts /fnr municioal staff use onlvl: F. NOTES (for municipal staff use only): Section A Notes: 6 Any connecGon lo the sanitary sewer system is subject to sanitary district approval. � Buslnesses that may have outdoor process activities/equipment include machine shops, auto repair, industries with pretreatrnent facilitles. 3 Approved December 4, 2012 RESOLUTION APPROVING CATEGORICAL EXEMPTION AND PARKING VARIANCE AMENDMENT RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for Amendment to Parkinq Variance for chanqes to the conditions of approval for a previouslv approved Commercial Desiqn Review and Parkinq Variance for expansion of an existinq automobile dealership, includinq chanqes to multiple fa�ades of the existinq commercial buildinq at 1010 Cadillac Wav, zoned C-2, Jim Hannay, Rector Motors Car Companv, 1010 Cadillac Way. Burlinqame, CA, 94010, propertv owner, APN: 026-233-080; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on January 13, 2014, 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 categorical exemption, per CEQA Article 19, Section 15301 (e)(2), which states that additions to existing structures are exempt from environmental review, provided the addition will not result in an increase of more than 10,000 SF in areas where all public services and facilities are available and the area in which the project is located is not environmentally sensitive. 2. Said Parking Variance Amendment is approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Parking Variance Amendment 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 13th dav of Januarv, 2014 by the following vote: Secretary EXHIBIT "A" Conditions of approval for Categorical Exemption and Parking Variance Amendment. 1010 Cadillac Way Effective January 23, 2014 that the project shall be built as shown on the plans submitted to the Planning Division date stamped August 30, 2013, sheets A0.0 through A8.3 and L1; 2. 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; 3. 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; 4. that if the structure is demolished or the envelope changed at a later date the Parking Variance as well as any other exceptions to the code granted here will become void; 5. that, should any of the parking identified as available on the plans provided for this project become unavailable due to sale, lease, conversion, adverse possession, or any other mechanism within the control of the applicant or the respective property owners on whose property the parking is located, Applicant shall notify the Community Development Department and apply for a modification of these approvals within 60 days of such change to the project parking. Should Applicant fail to complete such application for modification or the application, once made, is denied by the Planning Commission, the approvals and entitlements conferred herein shall immediately be rescinded and terminated; 6. that prior to issuance of a building permit for the project, the applicant shall pay the Public Impact Fees, made payable to the City of Burlingame and submitted to the Planning Division; 7. that the conditions of the City Engineers August 15, 2013 and June 25, 2013 memos, the Chief Building Official's August 20, 2013, July 23, 2013 and June 5, 2013 memos, the Park Supervisor's August 5, 2013 and June 10, 2013 memos, the Fire Marshal's June 10, 2013 memo and the Stormwater Coordinator's June 11, 2013 memo shall be met; 8. that prior to issuance of construction plans shall approval adopted by the remain a part of all se Compliance with all con not be modified or chan Council on appeal; a building permit for construction of the project, the project be modified to include a cover sheet listing all conditions of Planning Commission, or City Council on appeal; which shall ts of approved plans throughout the construction process. ditions of approval is required; the conditions of approval shall ged without the approval of the Planning Commission, or City 9. 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; EXHIBIT "A" Conditions of approval for Categorical Exemption and Parking Variance Amendment. 1010 Cadillac Way Effective January 23, 2014 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 applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; 12. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2010 Edition, as amended by the City of Burlingame; THE FOLLOWING CONDITIONS SHALL BE MET DURING THE BUILDING INSPECTION PROCESS PRIOR TO THE INSPECTIONS NOTED IN EACH CONDITION: 13. 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; and 14. 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. CITY OF BURLINGAME COMMUNITY DEVELOPMENT DEPARTMENT BURLINGAME 501 PRIMROSE ROAD '�, BURLINGAME, CA 94010 �; , .'_' ,. PH: (650) 558-7250 • FAX: (650) 696-3790 www.burlingame.org Site: 1010 CADILLAC WAY The (ity of Burlingame Planning Commission announces the PUBLIC HEARING following public hearing on MONDAY, JANUARY 13, NOTI�E 2013 at 7:00 P.M. in the City Hall Council Chambers, 501 Primrose Road, Burlingame, CA: Application for Amendment to Parking Variance for expansion of an existing automobile dealership at 1010 CADILLAC WAY zoned C-2. APN 026-063-070 Mailed: January 3, 2013 (Please refer to other side) Citv of Burlingame A copy of the application and plans for 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 applica�ion(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. 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BAS3ETT LEO M. LnROCCA Received After 01.13.14PC Meeting Agenda Item 7: 1010 Cadillac Wy. NIVEN & SMITH Pg 1 of 2 ATTaRNEYS AT LAW TELEPHONE 42S CALIFORNIA STREET; SUITE 1625 «�g> �81-3451 SAN FRANCISCO, CALIFORNIA 94104-2 2 1 6 TE�-ECOPIER �415) Q33-5439 EMA1L Isw�nivensmlth.com January 8, 2014 Erica Sfrohmeirer estrohmeierna bur(inaame or� Associate Planner Planning Department Cfty of Burlingame Re: Recfor Motor Car Dear Erica: '.., � c.t.' ! Al=11; K PRE�.9kf1 � IUN r„�- �.--, , ,,r� ,. ,. ,, , T Enclosed please flnd the fufly-executed letter from the Tateosian Trust. The letter gives consent from the Trust for the apptication to arnend conditions of granting the parking variance. The Trustees of the Tateosian Trust are well familiar with all the issues, and they are supportive of this project as is evidenced by their Istter. Feel free to contact me if you ha�e questions. Very tr y urs, � L='""'°`�JAMES N. NIVEN Enclosure cc: Kathleen A. Kane, Esq. kkane(a�bu�lingame ora ��V�� JAN - S 20?� CITY OF BURLINGAME �-.�� ,,�,,�� i r,�„ Received After 01.13.14PC Meeting Agenda Item 7: 1010 Cadillac Wy. Pg2of2 �..�%.�t_�.i L, _ . . :�L.L.L.1 {' �i%J AFTt:� � '�1TION Janu�ry 7� 2014 nl' �"ORT Membets Rl�nnirog Commissian Gity of Buriingame Re: Reciar Mafor,+�ar Rarklna W�rianc� Dear Mernbers af t�e Planning Commissaon: I am one of ihe Trustees oP th� Trusi that is leasing t�e parking area 'io Rector Motor �ar Company. We f�av� had a long relatio��ahfp with Rec�r Mo#or Car and aur tease is intended. t�r demonstrate owr aommifinent to an ev�n iangsr rela#ianshlp 1n t,he future. VHe undersEand #hat this p.arking and the land govemed by tttie iease is imp�rtant to the operations af the dealershlp, W� dts not intend to do. arrythlrig that will intecfere with t3ie le�s�s in any fashfon. VYe are aware of the proposad applicatiori for an amendment tQ the oond�iQns io grantin� a peHctng varl�r�ce and hereby glve consent to the A,ppticants tp suk�tit �n appl(cation for thaf purnosc� fo the Rlanning Commtssfon. Very iruly yours; DONALp p, TATEQSIAN AND NRPICY L. TAl'EOSIAt�, l��11t��A�I.E 7RU5T AGRE�MENl` narEu oc�raB�R �s, �ess ey: ` —�.�'-�.' 1� N . TATE�Sl�N, Trr�stee a�i(L�,�� 1i CL� JAN - 8 2014 CITY OF BURLINGAME CDD-PLqNNING DIV