HomeMy WebLinkAbout128 Lorton Avenue - Staff ReportPROJECT LOCATION
128 Lorton Avenue
Item No. 8b
Regular Action item
City of Burlingame
New 19-Unit Residential Condominium
Address: 128 Lorton Avenue
Item No. 8b
Regular Action Item
Meeting Date: July 13, 2020
Request: Application for Design Review, Condominium Permit and Density Bonus Concession and
Waivers/Modifications for construction of a new five-story, 19-unit residential condominium with
at-grade parking.
Applicant: Chris Grant, The Pacific Companies APN: 029-231-210
Property Owner: Lorton Management Corp. Lot Area: 7,500 SF
Architect: Architects Orange
General Plan Designation: Downtown Specific Plan Zoning: R-4 (R-4 Incentive District Subarea)
Adjacent Development: Five-level public parking garage (under construction), multifamily residential and
commercial uses
Current Use: Multifamily residential (4 units)
Proposed Use: 19-unit condominium building with at-grade parking.
Allowable Use: Multifamily, duplex, and single family residential uses.
Environmental Review: Section 15332 of the California Environmental Quality Act (CEQA) Guidelines is
intended to promote in-fill development within urbanized areas. This class consists of in-fill projects which are
consistent with local general plan and zoning requirements. This class is not intended to be applied to projects
which would result in significant impacts on endangered, rare, or threatened species, traffic, noise, air quality,
water quality, utilities, and public services. Application of this exemption, as all categorical exemptions, is
limited by the exceptions described in Section 15300.2 of the CEQA Guidelines. Section 15332 states:
(a) The project is consistent with the applicable general plan designation and all applicable general plan
policies as well as with applicable zoning designation and regulations.
(b) The proposed development occurs within city limits on a project site of no more than five acres
substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare or threatened species.
(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or
water quality.
(e) The site can be adequately served by all required utilities and public services.
On the basis of the evidence provided in the analysis, it was determined the project is eligible for a Class 32
categorical exemption, in accordance with Section 15332, Infill Development Projects, of the CEQA Guidelines
(see attached CEQA Class 32 Infill Exemption prepared by ICF, dated July 2020). Based on City of Burlingame
threshold criteria, no additional substantial adverse impacts beyond those discussed in the analysis are
anticipated. Because the project meets the criteria for categorically exempt infill development projects, and
because it would not have a significant effect on the environment, this analysis finds that a Notice of Exemption
may be prepared for the Project. No further review is needed.
Project Summary: The applicant is proposing construction of a new five-story, 19-unit residential
condominium building with an enclosed at-grade parking garage at 128 Lorton Avenue, zoned R-4, within the
R-4 Incentive District Subarea. The R-4 Incentive District Subarea is located within the Burlingame Downtown
Specific Plan Area and located south of Howard Avenue between Highland Avenue and Park Road. In order
to provide an incentive to encourage high density residential uses, buildings or structures up to fifty-five (55)
feet in height are allowed by right within this Subarea. Multifamily residential uses are permitted, but are
limited to a maximum average unit size of 1,250 SF.
Design Review, Condominium Permit, and Density Bonus Concession and Waivers/Modifications 128 Lorton Avenue
The project site is located immediately adjacent and to the south of the approved five-level public parking
garage (construction is underway) which will provide 368 parking stalis when completed. The parking garage
will be set back 10'-0" from the shared side property line, 14'-0" from the shared rear property line, and will be
48 feet tall.
The project site currently contains four residential units in two separate buildings. These buildings would be
demolished to build the proposed 19-unit residential condominium building. The existing buildings were not
identified on the Draft Inventory of Historic Resources of the Burlingame Downtown Specific Plan. The site is
bordered by three-story apartment buildings to the south and across Lorton Avenue to the east, and a
privately-owned vehicle storage lot to the west. A five-level public parking garage will be built on the lot
immediately to the north (construction is underway).
The proposed building would contain 19 residential units in four floors above an enclosed at-grade parking
garage. Each of the units will contain a kitchen/great room, bedrooms, bathrooms and a space for a
washer/dryer. The proposed project includes 11 one-bedroom units, 7 two-bedroom units and 1 three-
bedroom unit. Unit sizes range from 675 SF to 1,528 SF; the average unit size proposed is 864 SF (1,250 SF
average maximum unit size permitted). An enclosed trash room is provided within the garage.
A total of 17 parking spaces are provided on-site in an enclosed at-grade parking garage (14 parking spaces in
a puzzle stacker system and 3 independent spaces). All vehicles would enter and exit the project through a
driveway entrance on Lorton Avenue.
The following applications required for this project:
■ Design Review for the proposed construction of a new five-story, 19-unit residential condominium
building (C.S. 25.29.020 and 25.57.010, and Chapter 5 of the Downtown Specific Plan);
■ Condominium Permit for construction of new residential condominium building (C.S. 26.30.020); and
■ Density Bonus to allow development concessions and waiver/modifications to development standards
to facilitate the provision of affordable housing; concession for off-street parking and
waivers/modifications of development standards including building setbacks (front, left/right sides and
rear), lot coverage, building height, common open space, and private open space requirements (C.S.
25.63.050).
Design Review Study Meeting: At the Planning Commission Design Review Study meeting on October 15,
2019, the Commission noted several comments and concerns with the project and voted to place this item on
the Regular Action Calendar (see attached October 15, 2019 Planning Commission Minutes). Please refer to
the attached meeting minutes for a complete list of comments/concerns expressed by the Planning
Commission.
The applicant submitted revised plans, date stamped June 5, 2020, to address the Planning Commission's
comments and concerns. Please refer to the applicant's letters dated July 7, 2020, for a detailed summary of
the changes made to the project and responses to the Planning Commissions concerns and comments.
Design Review: The proposed project is subject to Chapter 5 of the Downtown Specific Plan (Design &
Character). Section 5.3 (pages 5-17 through 5-21) provides design guidelines specifically for residential
projects within the Downtown Specific Plan area. Section 5.4 (pages 5-22 through 5-27) provides more
general design guidelines that apply to all areas of the downtown, including residential and mixed use areas.
These applicable sections of the Design and Character chapters of the Downtown Specific Plan have been
attached for reference.
Design Review, Condominium Permit, and Density Bonus Concession and Waivers/Modifications 128 Lorton Avenue
The materials proposed for the exterior of the building include cement plaster walls with decorative reveals,
manufactured stone veneer, decorative cornice/trip along the top edge of the building, and glass guardrails at
balconies. The building would also include glass entry doors and fiberglass windows with interior wood jamb
e�ensions.
Please refer to the building elevations on sheets A2.0 and A2.1 and perspective renderings on sheets A0.3
and A0.4 for additional information. The building elevations and renderings also include the approved five-level
public parking garage for reference.
Off-Street Parking: Parking requirements are based on the number of bedrooms proposed per unit. Zoning
Code Section 25.70.032 provides reduced residential parking standards specific to properties located within
the boundaries of the Downtown Specific Plan. In the R-4 Incentive District Subarea, the minimum parking
requirement is 1 space for each studio unit or one-bedroom unit, 1.5 spaces for each two-bedroom unit, and 2
spaces for each three-bedroom unit. The proposed project includes 11 one-bedroom units, 7 two-bedroom
units and 1 three-bedroom unit. Therefore, the zoning code requires a total of 24 off-street parking spaces
where 17 parking spaces are proposed. The applicant is applying for a density bonus concession for off-street
parking requirements (see "Density Bonus Concession and Waivers/Modifications" section further in the staff
report). There is no guest parking required on-site for properties located within the Downtown Specific Plan.
The code requires that the condominium development provide an area for deliveries. The code does not
specify that it be a dedicated parking space, only that it be "an area for on-site deliveries." The project
proposes that space #17 double as a short-term delivery or service vehicle parking; the space would be posted
to allow for such use.
The project includes an at-grade parking garage providing a total of 17 parking spaces. Within the garage, the
applicant is proposing to install a puzzle stacker parking system manufactured by CityLift (Model No. 2LP, see
sheet A6.0 on plans for system information), which would provide 14 of the 17 parking spaces. The remaining
three spaces, including a disabled-accessible space, would be provided as standard parking spaces.
The proposed puzzle stacker system accommodates two vehicles stacked vertically and provides independent
access to all cars parked on the system (one empty slot required for each automated unit). All vehicles would
enter and exit the project through a driveway entrance on Lorton Avenue.
The Municipal Code does not include specifications for automated parking systems, so the City currently does
not have a standard mechanism for review and approval. However, as a policy the Downtown Specific Plan
encourages "creative approaches" to providing on-site parking including automated parking systems. The
parking system and sharing space #17 to provide an area for delivery vehicles could each be considered within
the scope of "creative approaches" to providing the required on-site parking. To date, the City has approved
several commercial and residential projects with parking lifts/automated parking systems.
The Downtown Specific Plan notes that "new development should provide safe, secure facilities for bicycles.
This can be accomplished in a number of ways, depending on the type of development. Where possible,
secured, indoor parking space (i.e. lockable, caged space) for bikes should be provided in all new residential
and commercial buildings. New projects should include bike stalls to allow users the opportunity to securely
store their bicycles. These can include racks or hooks on walls in front of parking spaces in residential
buildings, and designated and secure bicycle storage areas in commercial buildings." The applicant proposes
to provide bicycle storage in an 8-bike rack system (DoubleUp Single Sided Rack, Model 543-4010, see
attached) located within the rear yard. Bike storage in each units would also be provided with racks or hooks
on walls.
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Design Review, Condominium Permit, and Density Bonus Concession and Waivers/Modifications 128 Lorton Avenue
Common and Private Open Space: A total of 500 SF (26.3 SF/unit) of common open space is proposed for
the condominium project where 1,900 SF (100 SF/unit) is required. The common open space is provided at
the rear of the lot and would contain paving, landscaping and tables/chairs. The applicant is applying for a
waiver/modification of the common open space requirements (see "Affordable Units/Density Bonus Incentives"
section further in the staff report).
The applicant is proposing to provide private open spaces (balconies) in five of the 19 units; three balconies
would be located on the south side of the building (one each on the podium, second, and fourth levels), and
two balconies would be located on the west side of the building (on the podium level). The balconies range
in size from 99 SF to 308 SF (75 SF/unit is the minimum required). The applicant is applying for a
waiver/modification of the private open space requirements (see "Affordable Units/Density Bonus Incentives"
section further in the staff report).
Landscaping: Existing landscaping consists of turf and shrubs at the front and rear of the site. There is one
small street tree in front of the site. The applicant is proposing to replace all of the existing landscaping with
new landscaping.
Proposed landscaping is shown on the Landscape Plan (sheet L1), which includes planting four Ever Red
Japanese Laceleaf Maple trees (24-inch boxes) as well as a combination of shrubs, perennials, vines, and
ground cover throughout the site. The applicant is proposing 62°/o (155 SF) landscaping within the required
front setback where 50% (125 SF) is the minimum required. The project meets all other zoning code and
condominium permit requirements.
In accordance with the City's requirements, each lot developed with a multifamily residential use is required to
provide a minimum of one 24-inch box-size minimum non-fruit trees for every 2000 SF of lot coverage. Based
on the proposed project, a total of three landscape trees are required on site. In addition, the City Arborist is
requiring that the existing street tree be replaced with two new 24-inch box street trees within the planter strip
on Lorton Avenue.
Housing Accountability Act (HAA): The Housing Accountability Act (HAA), codified in State of California
Government Code Section 65589.5, limits the ability of municipalities to deny a multifamily residential project
that complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including
design review standards, in effect at the time that the application is determined to be complete. "Objective
standards" are those that can be independently measured (such as height, density, and lot coverage) rather
than subjective (such as "does not fit with the neighborhood character"). The table below outlines the proposed
project's compliance with the applicable objective development standards.
128 Lorton Avenue
Lot Area: 7.500 SF
Front Setback
Left Side Setback:
Right Side Setback:
PROPOSED
5'-0" (all floors) '
0'-0" (all floors) '
5'-0" (all floors) '
Plans date stamped: June 5, 2020
ALLOWED/REQUIRED
18'-6" (all floors) (block average)
5'-0" on first floor + add'I 1'-0"
for each floor above the first floor
5'-0" on first floor + add'I 1'-0"
for each floor above the first floor
Rear Setback:
10'-0" (all floors) '
20'-0" (all floors)
Density bonus waiver/modification requested for front, right and left side, and rear setback requirements.
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Design Review, Condominium Permit, and Density Bonus Concession and Waivers/Modifications 128 Lorton Avenue
128 Lorton Avenue
_ot Area: 7,500 SF Plans date stam ed: June 5, 202C
PROPOSED ALLOWED/REQUIRED
Lot Coverage: 5,977 SF 3,750 SF
79.6% 2 50%
._.... -- - - - ............... - .... - - .......___. - - - - - - - ... < - -....- -� - --- .......- - - -..._._._.
Building Height: 59'-6" to top of stair/elevator enclosures' ' 75'-0" maximum
56'-6" to top of building parapet 55'-0" by right
CUP required to exceed 35'-0"
Front Setback 62% 50%
Landscaping: 155 SF 125 SF
Private Open Space: 99 SF — 308 SF/unit in 5 of 19 units 4 75 SF per unit
Common Open Space: 500 SF 5 1,900 SF
Off-Street Parking: 17 spaces 28 bedrooms x 0.5 = 14
(14 spaces provided in automatic puzzle 14 spaces by California
stacker + 3 standard spaces) State Government Code
11, 1-bdrm units x 1= 11
spaces
7, 2-bdrm units x 1.5 = 10.5
spaces
1, 3-bdrm units x 2= 2 spaces
Area for deliveries in space #17 24 spaces by Zoning Code
100% covered Area for on-site deliveries
required
80% must be covered
2 Density bonus waiver/modification requested for lot coverage requirements.
3 Density bonus waiver/modification requested for building height requirements. Building height measured
to elevator and stairway enclosures because they take up more than 5% of roof area (8.2% proposed).
4 Density bonus waiver/modification requested for private open space requirements.
5 Density bonus waiver/modification requested for common open space requirements.
Density Bonus Concession and Waivers/Modifications - Affordable (Below-Market Rate) Units: The
Density Bonus Ordinance is discretionary, and while projects are required to submit residential impact fees,
they are not obligated to provide affordable units unless they seek to utilize development concessions and
waivers/modifications of development standards offered by the ordinance, and/or provide affordable units in
lieu of submitting residential impact fees. Code Section 25.63.40 allows development concessions and
incentives where affordable units are offered, with more incentives offered when lower income and a higher
percentage of BMR units are provided.
Code Section 25.63.050 allows waivers or modifications where affordable units are offered. An applicant may
apply for a waiver or modification of development standards that will have the effect of physically precluding
the construction of a development at the densities. The developer must demonstrate that development
standards that are requested to be waived or modified will have the effect of physically precluding the
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Design Review, Condominium Permit, and Density Bonus Concession and Waivers/Modifications 128 Lorton Avenue
construction of a density bonus project permitted under the law. Please refer to the applicant's density bonus
application, dated April 2, 2020, for additional information.
The application includes a request to utilize the density bonus ordinance, consistent with the provisions set
forth in Government Code Sections 65915 through 65919, which is the state density bonus law. The project
includes 10% of the total units (2) as moderate-income units. In San Mateo County the "Moderate Income"
category is defined as households earning between 81 %-120% of the San Mateo County Area Median Income
(AMI), which in 2020 corresponds to up to $120,200 for a single-person household or $171,700 for a family of
four.
The applicant is requesting the following density bonus concession:
Off-Street Parking Requirements: Consistent with state density bonus law, C.S. 25.63.040 (b) allows
one concession for projects with 10% of the units offered as BMR units for moderate income levels. The
applicant is requesting relief of the off-street parking requirements by providing 17 parking spaces
where 24 spaces are required for the proposed project.
The applicant is requesting the following waivers of the following development standards:
Front, Left and Right Side, and Rear Setback Requirements: The project application includes
requests for waivers from front, left and right side, and rear setback requirements.
Front Setback: The proposed front setback is 5'-0" to all floors of the building, where 18'-6" is required
based on the average of the block. Staff would note that the five-level public parking garage
immediately to the north of the site was approved with a 5'-6" setback along Lorton Avenue.
Left Side Setback: The proposed left side setback is 0'-0" on all floors of the building, where 5'-0" and
an additional 1'-0" for each floor above the first floor is the minimum �equired for condominium
developments. The parking garage adjacent to the site will be set back 10'-0" from the shared property
line.
Right Side Setback: The proposed right side setback is 5'-0" on all floors of the building, where 5'-0"
and an additional 1'-0" for each floor above the first floor is the minimum required for condominium
developments. The adjacent three-story multifamily residential building to the south (124 Lorton
Avenue) is located 11'-0" from the side property line.
Rear Setback: The proposed rear setback is 10'-0" on all floors of the building, where 20'-0" is the
minimum required. The lots directly behind the project site will contain a portion of the public parking
garage (14'-0" from the rear property line) and an existing a privately-owned vehicle storage lot (there
are no existing buildings on this lot).
Lot Coverage: The proposed lot coverage is 79.6% (5,977 SF) where 50% (3,750 SF) is the maximum
allowed.
This space intentionally left blank.
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Design Review, Condominium Permit, and Density Bonus Concession and Waivers/Modifications 128 Lorton Avenue
■ Building Height: As previously noted, in order to provide an incentive to encourage high density
residential uses, buildings or structures up to 55'-0" in height are allowed by right within the R-4
Incentive District Subarea; the maximum building height allowed is 75'-0". The proposed project
consists of the following building heights:
56'-6 to top of building parapet
59'-6" to top of stair and elevator enclosures (the stair and elevator enclosures are not exempt
from the building height requirement since they cover more than 5% of the roof area (8.2%
proposed).
Private Open Space: The applicant is proposing to provide private open spaces, consisting of
balconies, in five of the 19 units where a minimum of 75 SF is required in each unit. Balconies provided
in the five units range in size from 99 SF to 308 SF.
Common Open Space: The proposed common open space is 500 SF where 1,900 SF is the minimum
required based on the 19-unit building (100 SF/unit). The common open space is provided at the rear of
the lot and contains paving, landscaping, and table/chairs.
The Downtown Specific Plan and corresponding zoning do not provide for specific density limits (dwelling units
per acre); therefore, a number of bonus units is not applicable. However, because the proposed project
includes 10% of the units to be offered to moderate income households, under Chapter 25.63 the project is
eligible for concessions and waivers/modifications received in building form of which, in practice, would allow
the project to reach a higher density than what would have been able to under the regular development
standards.
General Plan/Specific Plan: The General Plan designates the site as Downtown Specific Plan. In 2010 the
City Council adopted the Burlingame Downtown Specific Plan (with amendments in 2014, 2015, 2016, and
2017), which serves as an element of the General Plan. The subject property is located within the boundaries
of the planning area for the Downtown Specific Plan; the site is in the R-4 Incentive District. The Plan describes
the R-4 Incentive District as follows:
The R-4 Incentive District consists of lands in the southern portion of Downtown, on either side of
Bayswater Avenue between High/and Avenue and Park Road. The land uses for this area are
predominantly higher density multifamily residential. The development standards for this district provide
incentives to encourage high density residential uses. In addition to residential uses, small corner
retails stores serving local residents would be allowed.
The Downtown Specific Plan includes various Goals and Policies to guide growth and development in
Downtown Burlingame. The table below shows how the proposed project meets these Goals and Policies.
GOAL/POLICY PROJECT PROPOSED
Goal LU-3: Ensure sensitive transitions between The proposed residential condominium development
the existing adjacent residential areas and the includes as a five-story building which provides a
downtown area. sensitive transition between the new development
and the existing two and three-story multi-family
development to the south and the downtown
commercial area to the north, which includes an five-
story public parking garage immediately adjacent to
the ro�ect site.
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Design Review, Condominium Permit, and Density Bonus Concession and Waivers/Modifications 128 Lorton Avenue
GOAL/POLICY PROJECT PROPOSED
Goal LU-6: Promote diversity in housing type and The proposed residential condominium development
affordability within the Downtown area. would contain two affordable units at the moderate-
income level.
Policy P-1.2: Devote less land for parking Less land is devoted for parking by using a puzzle car
Downtown while accommodating increased demand stacker system.
by using the land more efficiently with decked or
underground parking.
Policy P-1.3: Conceal parking areas through the The parking for the project does not dominate the
use of attractively designed above- or below-ground street frontage and has been concealed by locating it
parking structures. behind the ground floor building fa�ade with one
driveway access to the garage.
Policy C-2.6: Consider the needs of pedestrian, Storage for bicycles is provided in a bicycle rack
bicycles, and people with disabilities. system at the rear of the site and within each of the
residential units.
Policy S-1.3: Streetscapes should reflect There is one small existing street tree along Lorton
Burlingame's destination as a"tree city." Trees Avenue in front of the project site, which will be
should be planted throughout the downtown as an removed and replaced with two new street trees.
integral part of the streetscape, and mature streets
trees should be persevered whenever possible.
Policy D-1.1 The project is consistent with the diverse
Ensure that new construction fits into the context architectural styles of existing residential and
and scale of the existing downtown. commercial buildings in the area characterized by
simple massing, an articulated fa�ade and entrance
awning on the ground floor, and articulated walls and
repetitive fenestration on the upper floors; the project
mediates between existing buildings in the area
ranging from one to three stories in height and an
adjacent five-level public parking garage, to create a
continuous mixed-use residential neighborhood, is
well articulated, and embraces the street and the
pedestrian realm.
The building is characterized by a single
contemporary architectural style and its design fits
the site and is compatible with the surrounding
development by exhibiting thoughtFul massing,
character and pedestrian scale, and successfully
creates a good transition between the existing
residential and commercial buildings in the
neighborhood, as we as the adjacent public parking
garage, with well-articulated massing and a variety of
e�erior sidin s, textures and colors.
Policy D-1.2: Require design review for all new The proposed project is subject to the design review
downtown buildings and for changes to existing process.
downtown buildings, and integrate historic review
into the design review process.
Design Review, Condominium Permit, and Density Bonus Concession and Waivers/Modifications 128 Lorton Avenue
GOAL/POLICY PROJECT PROPOSED
Policy D-3.1: Ensure that new development is
appropriate to Burlingame with respect to size and
design.
Policy D-3.2: Evaluate development in the
Downtown Area that is proposed to be taller than
surrounding structures (i.e. over 40 feet) for
potential to create new shadows or shade on public
and/or quasi-public open spaces and major
pedestrian routes.
Public Facilities Impact Fee: The purpose of public facilities impact fees is to provide funding for necessary
maintenance and improvements created by development projects. Public facilities impact fees are based on
the uses, the number of dwelling units, and the amount of square footage to be located on the property after
completion of the development project. New development that, through demolition or conversion, will eliminate
existing development is entitled to a fee credit offset if the existing development is a lawful use under this title,
including a nonconforming use.
Based on the proposed 19-unit multifamily dwelling apartment development, the required public facilities
impact fee for this development project is $83,055.00.
Residential Impact Fee: The purpose of residential impact fees is to support and build new homes for lower-
income residents. The fees can be charged to developers of new residential projects and used for land
purchase, construction costs, or site rehabilitation related to providing workforce housing. The fees are waived
if at least 10% of the units in a development are provided at rents or sales prices affordable to Moderate
Income households for a period of 55 years. Because the project includes 10% of the total units (2) as
moderate-income units, the residential impact fee is waived.
Staff Comments: None.
Design Review Criteria: The criteria for design review in mixed use districts is detailed in Code Section
25.57.030 (g) and requires the proposed project to be reviewed by the Planning Commission for the following
considerations:
(1) Support of the pattern of diverse architectural styles that characterize the city's commercial, industrial
and mixed use areas; and
(2) Respect and promotion of pedestrian activity by placement of buildings to maximize commercial use
of the street frontage, off-street public spaces, and by locating parking so that it does not dominate
street frontages; and
(3) On visually prominent and gateway sites, whether the design fits the site and is compatible with the
surrounding development; and
(4) Compatibility of the architecture with the mass, bulk, scale, and existing materials of existing
development and compatibility with transitions where changes in land use occur nearby; and
(5) Architectural design consistency by using a single architectural style on the site that is consistent
among primary elements of the structure, restores or retains existing or significant original
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Design Review, Condominium Permit, and Density Bonus Concession and Waivers/Modifications 128 Lorton Avenue
architectural features, and is compatible in mass and bulk with other structures in the immediate area;
and
(6) Provision of site features such as fencing, landscaping, and pedestrian circulation that enriches the
existing opportunities of the commercial neighborhood.
Suggested Findings for Design Review: The project may be found to be compatible with the requirements of
the City's criteria for design review based on the following:
that the project is consistent with the diverse architectural styles of existing residential and commercial
buildings in the area characterized by simple massing, an articulated fa�ade and entrance awning on
the ground floor, and articulated walls and repetitive fenestration on the upper floors; the project
mediates between existing buildings in the area ranging from one to three stories in height and an
adjacent five-level public parking garage, to create a continuous mixed-use residential neighborhood, is
well articulated, and embraces the street and the pedestrian realm;
■ that the architectural style blends traditional and contemporary design elements to be compatible with
adjacent neighborhoods and the City as a whole, and that human scale is provided at the street level
consisting of an entry element at the front of the building, and on the upper levels individual balconies
provide residential scale and character;
■ that parking for the project does not dominate the street frontage because the garage has been located
behind the ground floor building fa�ade with one driveway access to the garage measuring 14 feet in
width, or 28% of the frontage along Lorton Avenue;
■ that the building is characterized by a single contemporary architectural style and its design fits the site
and is compatible with the surrounding development by exhibiting thoughtful massing, character and
pedestrian scale, and successfully creates a good transition between the existing residential and
commercial buildings in the neighborhood, as we as the adjacent public parking garage, with well-
articulated massing and a variety of exterior sidings, textures and colors;
■ that the building is compatible with the mass, bulk, scale, and existing materials of existing
development in that the exterior building materials include a mix of cement plaster walls with decorative
reveals, manufactured stone veneer, decorative cornice/trip along the top edge of the building, glass
guardrails at balconies, glass entry doors and fiberglass windows with interior wood jamb extensions;
and
■ that site features such as fencing, landscaping, and pedestrian circulation will enrich the existing
opportunities of the neighborhood transitioning from commercial to residential uses.
Criteria for Permitting a Residential Condominium: The following condominium standards shall apply to all
land and structures proposed as a part of a condominium project and shall be evaluated and processed
pursuant to the procedural requirements set forth for conditional use permits in Title 25 of this code. No
condominium project or portion thereof shall be approved or conditionally approved in whole or in part unless
the planning commission, or city council upon appeal or review, has reviewed the following on the basis of their
effect on:
(a) Sound community planning; the economic, ecological, social and aesthetic qualities of the community;
and on public health, safety and general welfare;
(b) The overall impact on schools, parks, utilities, neighborhoods, streets, traffic, parking and other
community facilities and resources; and
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Design Review, Condominium Permit, and Density Bonus Concession and Waivers/Modifications 128 Lorton Avenue
(c) Conformity with the general plan and density permitted by zoning regulations.
that the 19-unit residential condominium project and is compatible with the surrounding
development by exhibiting thoughtful massing, character and pedestrian scale, and successfully
creates a good transition between the existing residential and commercial buildings in the
neighborhood, as we as the adjacent public parking garage, and will not have a significant impact
on public health, safety and general welfare;
that the project has fulfilled all criteria for an Infill Exemption and therefore will have no significant
impacts on schools, parks, utilities, neighborhoods, streets, traffic, parking and other community
facilities and resources; and
that the project includes new fencing and landscaping on the project site, as well as installation of
two new street trees, and therefore will enrich the neighborhood transitioning from commercial to
residential uses.
Planning Commission Action: The Planning Commission should hold a public hearing on the application and
consider public testimony and the analysis contained within the staff report. Affirmative action should be by
resolution and include findings for Design Review, Condominium Permit, and Density Bonus concessions and
waiver/modifications. The reasons for any action should be clearly stated 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
June 5, 2020, sheets A0.0 through A6.0, C1.1 through C1.3 and L1;
2. that prior to issuance of a building permit for construction of the project, the project construction plans
shall be modified to include a cover sheet listing all conditions of approval adopted by the Planning
Commission, or City Council on appeal; which shall remain a part of all sets of approved plans
throughout the construction process. Compliance with all conditions of approval is required; the
conditions of approval shall not be modified or changed without the approval of the Planning
Commission, or City Council on appeal;
that prior to issuance of a building permit, the applicant shall apply for a tentative and final
condominium map with the Public Works, Engineering Division for processing in conformance with the
Subdivision Map Act;
4. that prior to issuance of the final inspection of the project, the applicant shall pay the public facilities
impact fee in the amount of $83,055.00, made payable to the City of Burlingame and submitted to the
Planning Division;
5. that any changes to the size or envelope of the building, which would include expanding the footprint or
floor area of the structure, replacing or relocating windows or changing the roof height or pitch, shall be
subject to Planning Commission review (FYI or amendment to be determined by Planning staf�;
6. that the project shall include two (2) affordable units for a 55-year term; the applicant shall enter into an
agreement for the administration of the sale, renting, or leasing of the affordable units at least 120 days
before the final inspection;
7. that the required affordable dwelling units shall be built on-site and shall be constructed concurrently
with market-rate units;
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Design Review, Condominium Permit, and Density Bonus Concession and Waivers/Modifications 128 Lorton Avenue
8. that the two (2) moderate income restricted affordable units shall remain restricted and affordable to the
designated income group for a minimum period of fifty-five (55) years (or a longer period of time if
required by the construction or mortgage financing assistance program, mortgage insurance program,
or rental subsidy program);
9. that the applicant shall enter into a regulatory agreement with the City; the terms of this agreement shall
be approved as to form by the City Attorney's Office, and reviewed and revised as appropriate by the
reviewing City official; this agreement will be a form provided by the City, and will include the following
terms:
(a) The affordability moderate income housing shall be assured in a manner consistent with
Government Code Section 65915(c)(1);
(b) An equity sharing agreement pursuant to Government Code Section 65915(c)(2);
(c) The location, dwelling unit sizes, sale or rental cost, and number of bedrooms of the affordable
units;
(d) A description of any bonuses and incentives, if any, provided by the City; and
(e) Any other terms as required to ensure implementation and compliance with this section, and the
applicable sections of the density bonus law;
10. that the above noted regulatory agreement regarding the two (2) restricted affordable units shall be
binding on all future owners and successors in interest; the agreement required by this Zoning Code
Section 25.63.080 is hereby a condition of all development approvals and shall be fully executed and
recorded prior to the issuance of any building or construction permit for the proposed project;
11. that the final inspection shall be completed and a certificate of occupancy issued before the close of
escrow on the sale of each unit;
12. that the developer shall provide to the initial purchaser of each unit and to the board of directors of the
condominium association, an owner purchaser manual which shall contain the name and address of all
contractors who performed work on the project, copies of all warranties or guarantees of appliances
and fixtures and the estimated life expectancy of all depreciable component parts of the property,
including but not limited to the roof, painting, common area carpets, drapes and furniture;
13. that CityLift Model No. 2LP parking lift system, or an equivalent parking lift system, shall be installed,
with the following conditions:
a. the parking lifts shall be properly illuminated to provide safety for easy loading and unloading,
while not causing excessive glare.
b. signage shall be installed explaining the proper use of the lifts and emergency contact
information for lift maintenance or problems.
c. the final design of the parking lifts shall be subject to the review and approval of the Community
Development Director.
14. that the project shall be constructed in accordance with the June 4, 2020 "Request for Alternate
Materials or Methods of Construction" agreement between Chris Grant and Central County Fire
Department;
15. that if the City determines that the structure interferes with City communications in the City, the property
owner shall permit public safety communications equipment and a wireless access point for City
communications to be located on the structure in a location to be agreed upon by the City and the
property owner. The applicant shall provide an electrical supply source for use by the equipment. The
applicant shall permit authorized representatives of the City to gain access to the equipment location for
purposes of installation, maintenance, adjustment, and repair upon reasonable notice to the property
12
Design Review, Condominium Permit, and Density Bonus Concession and Waivers/Modifications 128 Lorton Avenue
owner or owner's successor in interest. This access and location agreement shall be recorded in terms
that convey the intent and meaning of this condition;
16. that all construction shall abide by the construction hours established in the Municipal Code;
17. that the project applicant and its construction contractor(s) shall deve�op a construction management
plan for review and approval by the City of Burlingame. The plan must include at least the following
items and requirements to reduce, to the maximum extent feasible, traffic and parking congestion
during construction:
a. A construction parking plan to provide worker parking off site and generally off neighborhood
streets, with shuttles or other transportation as needed to transport workers to the site;
b. A set of comprehensive traffic control measures, including scheduling of major truck trips and
deliveries to avoid peak traffic hours, detour signs if required, lane closure procedures, signs,
cones for drivers, and designated construction access routes;
Identification of haul routes for movement of construction vehicles that would minimize impacts on
motor vehicular, bicycle and pedestrian traffic, circulation and safety, and specifically to minimize
impacts to the greatest extent possible on streets in the project area;
Notification procedures for adjacent property owners and public safety personnel regarding when
major deliveries, detours, and lane closures would occur;
e. Provisions for monitoring surface streets used for haul routes so that any damage and debris
attributable to the haul trucks can be identified and corrected by the project applicant; and
Designation of a readily availabie contact person for construction activities who would be
responsible for responding to any local complaints regarding traffic or parking. This coordinator
would determine the cause of the complaint and, where necessary, would implement reasonable
measures to correct the problem.
18. that the applicant shall submit an erosion and sedimentation control plan describing BMPs (Best
Management Practices) to be used to prevent soil, dirt and debris from entering the storm drain system;
the plan shall include a site plan showing the property lines, existing and proposed topography and
slope; areas to be disturbed, locations of cuUfill and soil storage/disposal areas; areas with existing
vegetation to be protected; existing and proposed drainage patterns and structures; watercourse or
sensitive areas on-site or immediately downstream of a project; and designated construction access
routes, staging areas and washout areas;
19. that the applicant shall submit a Construction Noise Control Plan. This plan would include measures
such as:
■ Using smaller equipment with lower horsepower or reducing the hourly utilization rate of
equipment used on the site to reduce noise levels at 50 feet to the allowable level.
■ Locating construction equipment as far as feasible from noise-sensitive uses.
■ Requiring that all construction equipment powered by gasoline or diesel engines have sound
control devices that are at least as effective as those originally provided by the manufacturer
and that all equipment be operated and maintained to minimize noise generation.
■ Prohibiting gasoline or diesel engines from having unmuffled exhaust systems.
■ Not idling inactive construction equipment for prolonged periods (i.e., more than 5 minutes).
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Design Review, Condominium Permit, and Density Bonus Concession and Waivers/Modifications 128 Lorton Avenue
■ Constructing a solid plywood barrier around the construction site and adjacent to operational
businesses, residences, or other noise-sensitive land uses.
■ Using temporary noise control blanket barriers.
■ Monitoring the effectiveness of noise attenuation measures by taking noise measurements.
■ Using "quiet" gasoline-powered compressors or electrically powered compressors and electric
rather than gasoline- or diesel-powered forklifts for small lifting.
20. that all off-road diesel-powered equipment used during construction is equipped with
U.S. Environmental Protection Agency (EPA) Tier 4"final" engines;
21. that construction access routes shall be limited in order to prevent the tracking of dirt onto the public
right-of-way, clean off-site paved areas and sidewalks using dry sweeping methods;
22. that during construction, the applicant shall provide fencing (with a fabric screen or mesh) around the
project site to ensure that all construction equipment, materials and debris is kept on site;
23. that storage of construction materials and equipment on the street or in the public right-of-way shall be
prohibited;
24. that if construction is done during the wet season (October 1 through April 30), that prior to October 1
the developer shall implement a winterization program to minimize the potential for erosion and polluted
runoff by inspecting, maintaining and cleaning all soil erosion and sediment control prior to, during, and
immediately after each storm even; stabilizing disturbed soils throughout temporary or permanent
seeding, mulching matting, or tarping; rocking unpaved vehicle access to limit dispersion of mud onto
public right-of-way; covering/tarping stored construction materials, fuels and other chemicals;
25. that trash enclosures and dumpster areas shall be covered and protected from roof and surface
drainage and that if water cannot be diverted from these areas, a self-contained drainage system shall
be provided that discharges to an interceptor;
26. that this project shall comply with the state-mandated water conservation program, and a complete
Irrigation Water Management and Conservation Plan together with complete landscape and irrigation
plans shall be provided at the time of building permit application;
27. that all site catch basins and drainage inlets flowing to the bay shall be stenciled. All catch basins shall
be protected during construction to prevent debris from entering;
28. that this proposal shall comply with all the requirements of the Tree Protection and Reforestation
Ordinance adopted by the City of Burlingame in 1993 and enforced by the Parks Department; complete
landscape and irrigation plans shall be submitted at the time of building permit application and the
street trees will be protected during construction as required by the City Arborist;
29. that the applicant shall coordinate with the City of Burlingame Parks Division regarding the planting of
two (2) street trees along Lorton Avenue;
30. 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;
14
Design Review, Condominium Permit, and Density Bonus Concession and Waivers/Modifications 128 Lorton Avenue
31. 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;
32. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management
and Discharge Control Ordinance;
33. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, as
amended by the City of Burlingame;
34. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance;
The following conditions shall be met during the Building Inspection process prior to the inspections
noted in each condition:
35. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners,
set the building envelope;
36. that prior to underfloor frame inspection the surveyor shall certify the first floor elevation of the new
structure(s) and the various surveys shall be accepted by the Building Division;
37. 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;
38. that prior to finai 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;
39. that the maximum elevation to the top roof parapet shall not exceed elevation 93.56, as measured from
the average elevation at the top of the curb along Lorton Avenue (37.06') for a maximum height not to
exceed 56'-6" to the top of the parapet; the garage finished floor elevation shall be elevation 37.06'; the
top of each floor and final roof ridge shall be surveyed by a licensed surveyor who shall provide
certification of that height to the Building Division; Should any framing exceed the stated elevation at
any point it shall be removed or adjusted so that the final height of the structure with roof shall not
exceed the maximum height shown on the approved plans;
The following conditions of approval are from Downtown Specific Plan:
40. that if subgrade structures are proposed, the project sponsor shall prepare a Geotechnical Study
identifying the depth to the seasonal high water table at the project site. No permanent groundwater
dewatering would be allowed. Instead, all residential uses must be elevated to above the seasonal high
water table and all areas for non-residential uses shall be flood-proofed and anchored, in accordance
with floodplain development requirements, to the design depth as recommended by geotechnical
engineer. Final design shall be prepared by a qualified professional engineer and approved by the
Burlingame Department;
41. the project sponsor shall implement all appropriate control measures from the most currently adopted
air quality plan at the time of project construction;
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Design Review, Condominium Permit, and Density Bonus Concession and Waivers/Modifications 128 Lorton Avenue
42. the project sponsor shall ensure implementation of the following mitigation measures during project
construction, in accordance with BAAQMD standard mitigation requirements:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved
access roads) shall be watered two times per day or as necessary.
b. All haul trucks transporting soil, sand, or other loose material offsite shall be covered or otherwise
loaded consistent with California Vehicle Code Section 23114.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power
vacuum street sweepers at least once per day. The use of dry sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, sidewalks to be paved shafl be completed as soon as possible. Building
pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
f. Idling times shall be minimized either by shutting off equipment when not in use or reducing the
maximum idling time to 5 minutes (as required by the California airborne toxics control measure
Title 13, Section 2485 of the California Code of Regulations [CCR]). Clear signage shall be
provided for construction workers at all access points.
g. All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified mechanic and
determined to be running in proper condition prior to operation.
h. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency
regarding dust complaints. This person shall respond and take corrective action within 48 hours.
The Air District's phone number shall also be visible to ensure compliance with applicable
regulations.
43. the project sponsor shall implement the following Greenhouse Gas reduction measures during
construction activities:
a. Alternative-Fueled (e.g., biodiesel, electric) construction vehicles/equipment shall make up at
least 15 percent of the fleet.
b. Use at least 10 percent local building materials.
c. aecycle at least 50 percent of construction waste or demolition materials.
44. the project sponsor shall provide adequate secure bicycle parking in the plan area at a minimum ratio of
1 bicycle spot for every 20 vehicle spots;
45. the condominium management shall post and update information on alternate modes of transportation
for the area (i.e. bus/shuttle schedules and stop locations, maps);
46. the project sponsor shall incorporate commercial energy efficiency measures such that energy
efficiency is increased to 15% beyond 2008 title 24 standards for electricity and natural gas;
47. the project sponsor shall incorporate recycling measures and incentives such that a solid waste
diversion rate of 75% is achieved upon occupation of each phase of plan development;
fi[:�
Design Review, Condominium Permit, and Density Bonus Concession and Waivers/Modifications 128 Lorton Avenue
48. the project sponsor shall incorporate residential water efficiency measures such that water consumption
is decreased by a minimum of 10 percent over current standard water demand factors;
49. that construction shall avoid the March 15 through August 31 avian nesting period to the e�ent
feasible, as determined by staff. If it is not feasible to avoid the nesting period, a survey for nesting
birds shall be conducted by a qualified wildlife biologist no earlier than 7 days prior to construction. The
area surveyed shall include all clearing/construction areas, as well as areas within 250 ft. of the
boundaries of these areas, or as otherwise determined by the biologist. In the event that an active nest
is discovered, clearing/construction shall be postponed within 250 ft. of the nest, untii the young have
fledged (left the nest), the nest is vacated, and there is no evidence of second nesting attempts;
50. that for projects within the Plan Area that require excavation, a Phase I Environmental Site Assessment
(and Phase II sampling, where appropriate) would be required. If the Phase I Environmental Site
Assessment determines that remediation is required, the project sponsor would be required to
implement all remediation and abatement work in accordance with the requirements of the Department
of Toxic Substances Control (DTSC), Regional Water Quality Control Board (RWQCB), or other
jurisdictional agency;
51. the following practices shall be incorporated into the construction documents to be implemented by the
project contractor.
a. Maximize the physical separation between noise generators and noise receptors. Such separation
includes, but is not limited to, the following measures:
Use heavy-duty mufflers for stationary equipment and barriers around particularly noisy
areas of the site or around the entire site; - Use shields, impervious fences, or other physical
sound barriers to inhibit transmission of noise to sensitive receptors;
Locate stationary equipment to minimize noise impacts on the community; and
Minimize backing movements of equipment.
b. Use quiet construction equipment whenever possible.
Impact equipment (e.g., jack hammers and pavement breakers) shall be hydraulically or
electrically powered wherever possible to avoid noise associated with compressed air exhaust
from pneumatically-powered tools. Compressed air exhaust silencers shall be used on other
equipment. Other quieter procedures, such as drilling rather than using impact equipment, shall
be used whenever feasible.
52. the project sponsor shall incorporate the following practice into the construction documents to be
implemented by construction contractors: The project sponsor shall require that loaded trucks and other
vibration-generating equipment avoid areas of the project site that are located near existing residential
uses to the maximum extent compatible with project construction goals;
53. that if the project increases sewer flows to the sanitary sewer system, the project sponsor shall
coordinate with the City Engineer to determine if improvements to public sanitary sewer infrastructure
are needed. If improvements are needed, the following shall apply:
that prior to issuance of a building permit, the project sponsor shall develop a plan to facilitate
sanitary sewer improvements. The plan shall include a schedule for implementing sanitary sewer
upgrades that would occur within the development site and/or contribution of a fair share fee
toward those improvements, as determined by the City Engineer. The plan shall be reviewed by
the City Engineer.
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Design Review, Condominium Permit, and Density Bonus Concession and Waivers/Modifications 128 Lorton Avenue
54. that prior to issuance of a building permit, the development plans shall be reviewed by the Fire Marshal
to determine if fire flow requirements would be met given the requirements of the proposed project, and
the size of the existing water main(s). If the Fire Marshal determines improvements are needed for fire
protection services, then the following shall apply:
that prior to issuance of a building permit the project sponsor shail be required to provide a plan to
supply adequate water supply for fire suppression to the project site, consistent with the Fire
Marshal's requirements. The plan shall be reviewed by the Fire Marshal. The project sponsor
shall be responsible for implementation of the plan including installation of new water mains,
and/or incorporation of fire water storage tanks and booster pumps into the building design, or
other measures as determined by the Fire Marshal.
55. that if evidence of an archeological site or other suspected cultural resource as defined by CEQA
Guidelines Section 15064.5, including darkened soil representing past human activity ("midden"), that
could conceal material remains (e.g., worked stone, worked bone, fired clay vessels, faunal bone,
hearths, storage pits, or burials) is discovered during construction-related earth-moving activities, all
ground-disturbing activity within 100 feet of the resources shall be halted and the City of Burlingame
shall be notified. The project sponsor shall hire a qualified archaeologist to conduct a field investigation.
The City of Burlingame shall consult with the archeologist to assess the significance of the find. Impacts
to any significant resources shall be mitigated to a less-than significant level through data recovery or
other methods determined adequate by a qualified archaeologist and that are consistent with the
Secretary of the Interior's Standards for Archeological Documentation. Any identified cultural resources
shall be recorded on the appropriate DPR 523 (A-J) form and filed with the NWIC;
56. that should a unique paleontological resource or site or unique geological feature be identified at the
project construction site during any phase of construction, the project manager shall cease all
construction activities at the site of the discovery and immediately notify the City of Burlingame. The
project sponsor shall retain a qualified paleontologist to provide an evaluation of the find and to
prescribe mitigation measures to reduce impacts to a less-than-significant level. Work may proceed on
other parts of the project site while mitigation for paleontological resources or geologic features is
carried out. The project sponsor shall be responsible for implementing any additional mitigation
measures prescribed by the paleontologist and approved by the City; and
57. that if human remains are discovered at any project construction site during any phase of construction,
all ground-disturbing activity within 100 feet of the resources shall be halted and the City of Burlingame
and the County coroner shall be notified immediately, according to Section 5097.98 of the State Public
Resources Code and Section 7050.5 of California's Health and Safety Code. If the remains are
determined by the County coroner to be Native American, the Native American Heritage Commission
(NAHC) shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the
treatment and disposition of the remains. The project sponsor shall also retain a professional
archaeologist with Native American burial experience to conduct a field investigation of the specific site
and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the
archaeologist may provide professional assistance to the Most Likely Descendant, including the
excavation and removal of the human remains. The City of Burlingame shall be responsible for
approval of recommended mitigation as it deems appropriate, taking account of the provisions of State
law, as set forth in CEQA Guidelines section 15064.5(e) and Public Resources Code Section 5097.98.
The project sponsor shall implement approved mitigation, to be verified by the City of Burlingame,
before the resumption of ground-disturbing activities within 100 feet of where the remains were
discovered.
`E:3
Design Review, Condominium Permit, and Density Bonus Concession and Waivers/Modifications 128 Lorton Avenue
Ruben Hurin
Planning Manager
c. Chris Grant, The Pacific Companies
Attachments:
October 15, 2019 Planning Commission Meeting Minutes
Response Letter, dated July 7, 2020
Application to the Planning Commission
Density Bonus Application, dated September 30, 2019
Bicycle Rack Specifications
Downtown Specific Plan Applicable Design Guidelines (reference only)
Planning Commission Resolutions (Proposed)
Notice of Public Hearing — Mailed July 2, 2020
Area Map
Submitted Separately:
CEQA Class 32 Infill Exemption prepared by ICF, dated July 2020
19
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City of Burlingame
Meeting Minutes
Planning Commission
BURLINGAME CITY HALL
501 PRIMROSE ROAD
BURLINGAME, CA 94010
Tuesday, October 15, 2019 7:00 PM Council Chambers
c. 128 Lorton Avenue, zoned R-4 Incentive District Subarea - Application for Environmental
Scoping, Design Review, Condominium Permit and Density Bonus Concessions and
Waivers/Modifications for a new 5-story, 19-unit residential condominium building with
at-grade parking. (Chris Grant, The Pacific Companies, applicant; Architects Orange,
architect; Thomas Cady, property owner) (203 noticed) Staff Contact: Ruben Hurin
Attachments: 128 Lorton Ave - Staff Report
128 Lorton Ave - Attachments
128 Lorton Ave - Plans
All Commissioners had visited the property. Commissioner Terrones indicated that he had met with the
applicant and with the property owner several weeks ago. Commissioner Comaroto indicated she had had
a conversation with the property owner several months ago. Commissioner Sargent indicated he had met
with the property owner.
Community Development Director Gardiner provided an overview of the statf report.
Questions of staff
> How many parking spaces are required per code? (Gardiner. 24.)
Chair Comaroto opened the public hearing.
Chris Grant, The Pacific Companies, represented the applicant.
Commission Questions/Comments:
> Supportive of adding housing units with the need for housing, and this is a good context for additional
density.
> Which are the moderate income units? (Grant: First floor 2-bedroom, and second floor 1-bedroom.)
> Will there be a gate at the garage entry? (Grant Either a gate or security mechanism to secure the
garage at night.) The gate will be an important part of the street frontage so should be designed
accordingly.
> Not sure there is enough room for the accessible parking stall. There is not enough room for the
loading area. (Grant: Needs to be studied further.)
> The green screen will be alongside the garage? (Grant: Intent is to discourage tagging, and can
eliminate the need for mechanical ventilation. Will provide a complement to the walkway along the side of
the parking garage.)
> Has the color and manufacturer of the vinyl windows been decided? (Grant: Will be using the same
windows that were used in a San Diego project called Vici Condominiums. Color has not yet determined
but can provide further details.) Should provide a cut sheet.
> Where would the bike storage be in each unit? (Grant: Will provide a plate with a wall hook inside
each unit. There is a finite amount of space on the ground floor. It would be owner discretionary whether to
install the hooks.)
City of Burlingame page 1 Printed on 7/9/2020
Planning Commission Meeting Minutes October 15, 2019
> Since there is a reduction in parking, needs to accommodate other uses such as bicycles. (Grant:
Can consider that.)
> Would encourage space for bike storage. Outdoor area at the rear may be in shade much of the time .
Not sure it will be utilized.
> What is open area on the rear elevation? (Grant Opens to the garage_ Will provide a screening
treatment.)
> Bathroom windows on the plans don't appear on the elevations. (Grant: Still working on thaf.)
> Is there a significance to the particular pattern of the decorative pre-cast panel? (Grant: Nothing
specific.)
> Would like to consrder a treatment to integrate with the paseo next door alongside fhe parking garage .
(Grant: Could add a bench if it would fit.) Main point is to unify the paving materials.
> Why does the screening on the roof need to be at the edge? (Grant: Does not need fo be pushed out
to the edge. Could pull it in.) Pulling it in would reduce the apparent height of the building.
> What is GFRC? (Grant: Gypsum fiber reinforced concrete - it is a cast concrete material, very
durable, can be cast into intricate shapes and colors, holds up well.)
> Number of concessions and waivers seems large compared to number of affordable units. (Grant:
Only needs to provide 10% of the units as affordable to earn a concessron.)
> Concern with the waiver for the side setbacks, creates a canyon. Did you /ook at other options that
would not need so many waivers? (Grant: Width of the property is difficult, would need to configure to have
access from a property line, facing sideways. Needs the full width to accommodate the parking spaces.)
> Narrow setback and height will have an impact on the neighboring property.
> Needs to have adequate justification for waivers; needs to have more in terms of community benefit.
> Seems like asking for a lot for relatively few units. (Grant: Had originally submitted with 20%
affordable units, could reconsider.)
> Having a hard time justifying why the waivers are required. If can grant more concessions than waivers
would make it easier to justify. Would like to see more affordable units.
> Fundamental challenge is the 50-foot wide lot.
> Wants to see the housing but it is a heavy lift to get there.
> Was there consideration for another floor given that the height could be taller? (Grant: Would impact
parking dynamic. Right now it is just under 1:1, thought it would be a stretch fo have a lower ratio. Thought
five floors over a podium would be hard.) If the building were taller, might be possible to have more
generous setbacks.
> Would like to see more detail in the design of the front area.
Public Comments: None.
Chair Comaroto closed the public hearing.
Commission Discussion:
> Would like to see some revisiting of the concessrons and waivers. Would like better affordability.
> Lobby is not resolved, could impact the parking and other details.
> Appreciates the commitment to housing, but wants to see reworking of the program and entitlements.
> Asking quite a bit, but not delivering much for the community in return. Design is a block. Would
benefit from more generous setbacks, which would benefit the community and the residents. Would like
to see the sca/e reduced and more detail on the overall program.
> This is a market-rate condo project, needs thoughtful design. Would like more attention to the outdoor
space.
> Could consider roof open space.
> Lowest decks next to lowest units would be dark and exposed, facing a tunnel.
> When looking at a project that needs lots of exceptions/waivers, it implies the project is too big for the
site.
> Would like more detail on the windows. Hesitant to accept vinyl except under special circumstances.
There was no action, as the application wilt return on the Regular Action Calendar once the
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Planning Commission Meeting Minutes October 15, 2019
environmental review has been completed.
City of Burlingame Page 3 Printed on 7/9/2020
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July 7, 2020
City of Burlingame Planning Division
Attn: Ruben Hurin
501 Primrose Road
Burlingame, CA 94010
Subject: LORTON HEIGHTS WHAProject#2019306
128 Lorton Ave., Burlingame, CA 94010
Planning Response Letter
Plan Check Response Narrative:
This narrative is a response to the Planning Review Comments issued on 10-15-2019 by the Planning
Commission in the City of Burlingame. The following comments have been adtlressed and identified on the
Entitlement Submittal dated 6/3/20.
Comment Number Response
Planning Department Comments
B Planning Commission Review (Notes from 10115/2019 Meeting)
1.1 Comment addressed in current design. Bicycle storage provided inside
dwelling units and at rear open space area.
1.2 See response to comment 1.1
1.3 Landscape Architect will provide a unified paving material to tie both the
new development and the parking garage together.
1.4 Parapet height has been increased to facilitate screening of inechanical
equipment, aid in controlling roof drainage for required BMP's, antl
provitle fall protection at roof access hatches.
1.5 through 1.8 We have evaluatetl the project design to ensure the project compliments
both the existing and future uses for the development. The concessions
antl waivers as proposed with this design are consistent with the Density
Bonus.
1.9 Comment has been addressed, front elevation has been revised.
1.10 See response to comment 1.5
1.11 See response to comment 1.5
1.12 The project has been designed to complement the new public parking
structure antl provide a similar massing height but also provide a visual
shielding from the neighborhood. Increasing the building setback for a
builtling this narrow woultl be very problematic with circulation and unit
layouts. It would most likely reduce the number of units which indirectly
reduce the number of affordable units. The builtling details has been
expanded throughout the elevations. Please see revised elevations.
1.13 The neighboring property has a similar setback. To the north is the new
public parking structure which is much more massive and a floor taller. To
the east is the parking structure and parking lot. To the south is a three
story very boxy apartment building with similar setbacks on all sides. Our
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front setback is further back than the public parking structure and is half
of the building to the south. Our (4 story) building is the compromise of
the (5 story) parking structure and the (3 story) Apartment building to the
south.
1.14 Comment addressed in current design. Lobby has been redesigned.
1.15 Outdoor space is limited in this urban infill site. Outdoor seating/gathering
area has been added at rear of builtling to address this concern.
1.16 The roof deck option is not possible. The roof deck would require 2
enclosed exit stair towers. These exits would approximately 6 feet higher.
The elevator would also be required to serve the roof and that structure
would be an additional 8 feet higher than the present height. The Fire
Department has requested that the building construction be upgraded
from Type VA to Type IIIA. This mitigation requirement would not allow
for an occupied 5th floor.
1.17 Additional lighting has been provided to address this concern.
1.18 128 Lorton is locatetl in the R4 Incentive District. This tlesign looks to
both fulfil the vision of this special designated zone as well as buffer the
cities new parking garage from existing residential units. Increasing the
number of units on this site looks to align with the Incentive District goal
of bringing much needed adtlitional housing units to Burlingame. The
location of this site is best suited to the proposed tlesign because of its
walking tlistance to the train station. Additionally, the proposed size of
this project will be tempered by the massing of the adjacent 5 level
garage.
1.19 The project will utilize fiberglass windows with wood jamb extensions.
This will assist in achieving titie-24 compliance, increased rigidity and
weather resistance, while adding to the overall quality of the project
giving it an overall upscale look and feei.
Regards,
WILLIAM HEZMALHALCH ARCHITECTS, INC.
Pete Gabrich, Architect, Principal, WHA
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BURLINGAME
COMMUNITY DEVELOPMENT DEPARTMENT • 501 PRtMROSE ROAD • BURLINGAME, CA 94010
p: 650.558.7250 • f: 650.696.3790 • www.burlingame.org
APPLICATION TO THE PLANNING COMMISSION
Type of application:
[.� Design Review ❑ Variance fa�' Parcel #: c� �%' 0�-3� ��1.��
❑ Conditional Use Permit ❑ Special Permit ❑ Zoning / Other:
PROJECT ADDRESS: I� �"� �ev�v2..
APPLICANT
Name: ���`'� ��'�y�
Address: y3° � s�Z/� g�
City/State�zip: ���,�� �� 53��6
Phone: �'�`�� �53� -- �'`�38
E-mail: C. �`r 3�1 ���C li ov�5:.+. c�, , Cv�
PROPERTY OWNER
Name: `��-:Ls � : ��10�
Address: % 2� �c,27'o n,` �. , � �.
City/State/Zip: �J rl�,��� , G.� . 9'�0�0
Phone: �,�� — �'15'Z � 75� 7
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ARCHITECT/DESIGNER
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City/State/Zip: � l�•y,f E C/�. �a�`$(9�
Phone: 7� ( " �j � � ` `� $6�
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Burlingame Business License
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Authorization to Reproduce Proiect Plans:
I hereby grant the City of Burlingame the authority to reproduce upon request and/or post plans submitted with this
application on the City's website as part of the Planning approval process and waive any claims against the City
arising out of or related to such action. (Initials of ArchitectlDesigner)
PROJECT DESCRIPTION: �� Gs�t�f 4rfi�(rr�L° �ev'��•-sr� ,G�e�-''
AFFIDAVIT/SIGNQTURE: I hereby certify under penalty of perjury that the information given herein is true and correct to the
best of my knowledge and belief.
Applicant's signature: , Date: l� a-% �/�
I am aware of the proposed application and hereby authorize the above applicant to submit this application to the Planning
Commission.
Property owner's signature: C�t" •��6Gc Date: � 1 !�7��. a( �S
Date submitted: �� I 2� I� g
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COMPANIES
Revised — Apri12, 2020
Revised — December 16, 2019
Revised — October 10, 20l 9
Revised — September 30, 2019
Revised - July l 5, 2019
November 21, 20 ] 8
Mr. Ruben Hurin
Planning Manager
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
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RE: Density Bonus Application � � -
Lorton Heights - 128 Lorton Avenue
Applicants: Stephanie Gildred and Pacific West Communities, Inc.
Architects: Peter Gabrich, William Hezmalhalch Architects (WHA)
Dear Ruben:
We are pleased to provide for review 128 Lorton, a condominium project with affordable units
located at 128 Lorton Avenue (APN 029-231-210). The project will be a joint venture between the
owner of the property, Stephanie Gildred, and Pacific West Communities, Inc., an affordable
housing developer. Plans provided with this application demonstrate our ambition to redevelop the
property for higher density residential dwelling units.
Pursuant to Government Code Section § 65915 and Burlingame Municipal Code 25.63 we hereby
submit this Density Bonus application. This document is prepared with the intent of providing the
written explanation of our requests and clarifying use of California Gov. Code § 659] 5, known as
Density Bonus Law, and California Gov. Code § 65589.5, known as the Housing Accountability
Act.
To accomplish this density the project will rely on California Gov. Code, § 65915 (hereafter
Density Bonus Law). This statute provides qualifying affardable housing developments specific
rights as defined in Density Bonus Law subdivision (b).
Far purposes of density bonus eligibility, the project elects to be classified as having an affordable
housing camponent under Government Code § 65915 (b)(1)(D). This project will contain at least
10% of units for moderate income households in a common interest development. Compliance
with this section provides for application of State Density Bonus Law to the project and bestows
all of the rights, privileges and benefits of the statute.
Ph: 208.461.0022 // Fax: 208.461.0033 // 430 E. State Street, Ste. 100 // Ea91e, ID 83616 // ;:��� � r s�� ����.���� , ��
Proiect Description
The property is located in Zoning District R4. Lot size is 0.172 acres. The project is designed
with 19 dwelling units. The building will consist of 4 levels of residential over an on-grade
parking podium. 17 parking spaces will be provided for the project via a two level stacking
system. The housing unit mix includes ] 1 one-bedroom, 7 two-bedroom, and 1 three-bedroom
apartments. Unit sizes range from 675 square feet to 1,528 square feet. Private balconies are
provided for 5 of the units.
California Gov. Code § 65915 offers four categories of benefits to affordable housing
developments, such as this project. They include density bonuses, as described in subdivision (b),
incentives or concessions, as described in subdivision (d), waivers or reduction of development
standards, as described in subdivision (e), and parking ratios, as described in subdivision (p). Each
category is discussed in appropriate detail in this letter.
Densitv Bonus — subdivision (b)
It is important to understand how density bonus law is intended to work in tandem with the local
jurisdiction's development procedures. In keeping with Government Code § 65915(b) the granting
of the density bonus and concessions are given as a matter of right, simply for providing the
affordable housing. The statute is mandatory. The developer is entitled to receive a specific
percentage increase in the number of units and between one to three incentives or concessions
based on the level of affordability of the project. [See § 65915(d)(2) and (�]. The amount of the
density bonus that the developer is entitled to receive is determined by a simple mathematical
formula as set forth in subdivision (�.
Lorton Heights qualifies for the density bonus by complying with Government Code §
65915(b)(1)(D) by providing for 10% of the units for moderate income households. The zoning
for this 0.172 acre site is R-4. With 19 units the density will be l 1 l dwelling units per acre�. We
find no restriction on density per acre for R-4 in Burlingame Municipal Code. As such no increase
in density is required for the project. Should density limitations be identified by staff during the
project design review process this section will be further developed.
Concessions/Incentives — subdivision (d)
The developer also has the right to request any particular incentive or concession that will
positively impact the project's ability or capacity to provide units at affordable housing costs or
rents far the targeted units. The local agency must approve the requested incentives or concessions
� Fraction is rounded up per § 65915(q)
unless it makes a statutorily prescribed written finding, based upon substantial evidence. [See §
65915(d)(l )]. If such a finding can be made to deny a particular concession, the developer would
have the right to utilize another concession.
Under § 65915(d)(l ), the City must grant the concession requested by the applicant unless it makes
one of three written finding as specified in the statute, based upon substantial evidence. These
findings, as set forth in subdivision (d)(1)(A)-(C), are limited to the following:
A. The concession or incentive does not result in identifiable and actual cost reductions,
consistent with subdivision (k), to provide for affordable housing costs, as defined in
Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set
as specified in subdivision (c).
B. The concession or incentive would have a specific, adverse impact, as defined in
paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety ar the
physical environment ar on any real property that is listed in the California Register of
Historical Resources and for which there is no feasible method to satisfactorily mitigate
or avoid the specific, adverse impact without rendering the development unaffordable to
low-income and moderate-income households.
C. The concession or incentive would be contrary to state or federal law.
Density bonus projects are entitled by right to receive between one and three incentives or
concessions, depending on the level of affordability. In this case, since the developer proposes to
restrict at least 10% of the units for occupancy by moderate income households, as shown in the
first page of this document, the project qualifies for one concession [Govt. Code § 65915(d)(2)(A);
BMC 25.63.040]. As you will see below, the project's requested concession results in identifiable
and actual cost reductions for this project, consistent with the definition of a concession under state
density bonus law�. The requested concession is as follows:
1) Reduction in Required Parking:
BMC § 25.70.032 provides reduced residential parking standards specific to properties located
within the boundaries of the Downtown Specific Plan. In the R-4 Incentive District Subarea,
the minimum parking requirement is 1 space for each studio unit ar one-bedroom unit, l.5
spaces for each two-bedroom unit, and 2 spaces for each three-bedroom unit. The proposed
'' Under Subdivision (k)(l ), a concession or incentive means:
"A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that
exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5
(commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and
square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and
actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5. of the Health and Safety Code, or for rents
for the targeted units to be set as specified in subdivision (c).
project includes 11 one-bedroom units, 7 two-bedroom units and 1 three-bedroom unit.
Therefore, the zoning code requires a total of 24 off-street parking spaces where 17 parking
spaces are proposed.
To provide the additional 7 parking spaces we would have to either eliminate all ground level
open space or provide for a very complex subterranean parking system. The extra 7 parking
spaces would cost at a minimum $50,000 each, and likely much more depending on drainage
and other structural requirements. The financial cost savings for the concession is estimated at
$350,000. As such, we request that the number of required parking spaces be reduced from 24
to 17.
Waivers or Reductions of Development Standards — subdivision (e)
This project site is located in a very unique area of the city. A brief survey of the surrounding
properties shows the common practice of nearly the entire block the practice of building very close
to the property line. Typical lot coverage greatly exceeds the code standard of 50%. The current
structures on 128 Lorton are no exception. The existing on-site structures are built very close to
property lines. With that said the ambition of the design team is to align with the character of the
Incentive District Subarea where possible.
Density Bonus projects have the right to relief from development standards via waivers and/or
reduction of development standards. The local agency must grant a waiver or modification of any
development standard that would have the effect of physically precluding the construction of the
density bonus project at the densities or with the concessions ar incentives permitted under the
law. [See § 65915(e)(1)]. Our requests for waivers are identified below.
Height - Code Section 25.29.060
BMC § 25.29.095 sets height limitations for this property. R-4 Incentive District limits the height
to fifty-five (55) feet and requires a conditional use permit for projects exceeding 55 feet.
However, BMC § 25.29.095 includes this site within the R-4 Incentive District Subarea and
accordingly is entitled to by right high density residential uses up to 55 feet in height. If limitation
of 55 feet in height standard were applied to this project it would result in the loss of either 1) an
entire floor of dwelling units ar 2) elimination of all upper stacked parking spaces in the parking
system. This would deprive the project of the benefit of the densiry requested far the project or
prevent the project from benefiting from the concession requested herein. We request that the
development standard for maximum height be waived so that all l9 units can be constructed and
no parking count reduction below proposed is required.
Lot Covera�e — Code Section 25.29.070
BMC § 25.29.070 identifies the maximum lot coverage for all buildings and structures as 50% for
interior lots. If the project were required to meet the standard of no greater than 50°/o coverage it
would reduce unit count by greater than 1 unit far each floor. This would deprive the project of
the requested density and concessions. We request that the development standard for lot coverage
be waived for this project. �
Setback Lines — Code Section 25.29.075
BMC § 25.29.075 identifies minimum setback lines for this site. They are as follows:
Front — 15' or the average of the actual front setback of such existing structures
Side — 4' for lots less than 5 l feet wide and an increase setback of one foot for every floor
above the first floar. We note that the current setback on the side of the lot is 2'.
Rear — 20' for more than 2 stories
If these setback standards were applied to this development it would result in the following:
Front — Front access stairs would have to be moved interior to the project. This would
reduce the number of bedrooms in the entire building by 1 bedroom per floor.
Side — This results in the top floor residential space losing a total of 16 feet of usable site
width. On grade parking spaces would be reduced by 4 spaces. Increase of setback by
1' per floar would result in loss of 2 units on the 4th and St�' floors of the building.
Rear — Loss of 1 unit fram each of the residential floors on the building.
These combined impacts would prevent the project ftom the density proposed and preclude 4 full
units and an additional 4 bedrooms from the development. We request that the development
standard for setbacks be waived for this project. Of note is the point that a quick study of the lots
on this block show that this property is the only one without improved structures adjacent to the
rear property line.
Private Open Space — Code Section 26.30.070(e)3
The project provides private opens space for 5 of the 19 units. The site constraints for this project
are such that additional private open space would reduce the unit count. With the future Lorton
Park coming online in the very near future and the close walking distance to downtown the future
residents of these units will have adequate locations to recreate outdoors. As such the cost of
providing open space at the expense of losing much needed units seems a poor exchange. We
request that the private open space requirement be waived for this project.
Common Open Space — Code Section 26.30.070(e)4
The project provides 500 SF of common open space at the back of the property. The site
constraints for this project are such that additional common open space would reguire reduction of
unit count or loss of parking spaces. A con�mon question for common open space is that of
providing it on the roof of the building. We have attempted on other projects to provide this
amenity on other projects without success. The logistics and design to waterproofing, enhanced
structural loads, consolidation of inechanical equipment, safety railing measures, meeting
accessibility standards and various other costs preclude the option of common open space on the
roof of the building. We request that the common open space requirement be waived for this
proj ect.
Housing Accountabilitv Act — Review Standards
Additionally, I am sure that the City appreciates that as a moderate-income housing development,
this project also falls within the protected class under the Housing Accountability Act (HAA)
[Govt. Code §65589.5]. In keeping with the legislative intent of the HAA, a local government may
not reject or make infeasible a housing development that contributes to meeting the jurisdiction's
need for moderate income housing as determined pursuant to the housing element process "without
a thorough analysis of the economic, social, and environmental effects of the action and without
complying with subdivision (d)" [Govt. Code § 65589.5(b)].
Subdivision (d) provides that a jurisdiction shall not disapprove a moderate-income housing
development project or condition approval in a manner that renders the project infeasible for
develop�nent of moderate income households, "including through the use of design review
standards, unless it makes written findings, based upon substantial evidence in the record."
Subdivision (d) delineates five very specific reasons that would authorize a jurisdiction to deny an
affordable housing project. In this case, none of the statutorily prescribed reasons that would
authorize such a finding are present. Additionally, if any local jurisdiction denies a moderate
income housing development or conditionally approves the project, including design changes that
have a substantial adverse effect on the viability or affordability of the housing development, the
jurisdiction would bear the burden to show that its decision is consistent with the findings required
under § 65589.5(d) and that such findings are supported by substantial evidence in the record
[Govt. Code § 65589.5(i)].
We appreciate the gracious support from the City of Burlingame for affordable housing
developments. Thank you far your attention and time commitments associated with your review
and approva] of this project. With construction costs escalating daily we request this project be
processed through the approval process expeditiously to limit financial impacts to the viability of
this affordable housing project.
Re�rds, �,�
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Chris Grant
The Pacific Companies
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5.3 DESIGN STANDARDS FOR RESIDENTIAL AREAS
Residential buildings in Downtown Burlingame offer higher density
development than elsewhere in the City, providing a lifestyle for those who want
to live within walking distance of the Downtown commercial axeas and transit
opportunities. New buildings will mediate this density with thoughtful design
and details that create attractive, livable residential environments. Buildings
should contribute to an appealing neighborhood chaxacter and should employ
recognizable residential design details such as visible residcntial entries, porches,
bay windows and roof overhangs, and balconies and small outdoor areas.
Below are recommendations for the architectural treatment and organization
of buildings and open space, and the suggested criteria foc xeviewing projects
during the design review process.
5.3.1 ARCHITECTURAL DIVERSITY
Residenrial pxojects should xespect the diversiry of building rypes and
styles in the residential areas Downtown and seek to support it by
applying the following principles:
• Design buildings to maintain general compatibility with the
neighborhood.
• Respect the mass and fine scale of adjacent buildings even when
using differing architectural sryles.
• Maintains the tradition of architectural diversity, but with human
scale regardless of the architectural sryle used.
• Create buildings with qualiry materials and thoughtful design to
last into the future.
5.3.2 PEDESTRIAN USE AND CHARACTER
5.3.2.1 Entrances
Primary pedestrian access to all ground-level uses should be from
the sidewalk along the public street Entries should be clearly defined
features of front fa�ades. Common entrances for multiple units are
FIGURE 5-27: Buildings should contribute to an appealing
neighborhood character and should employ recognizable residential
design details such as visible residential entries, porches, bay
windows and roof overhangs, and balconies and small outdoor areas.
FIGURE 5-28: Eutries should be clearly defincd fcatures of front
fa�ades, and are encouraged to have appropriately-scaled, usable
gathering spaces that invite informal social interaction with neighbors.
S.0 Design & Character
encouraged to have appropriately-scaled, usable gathering spaces at
or adjacent to entrances that invite infoxmal social interacrion with
neighbors.
5.3.2.2 Ground Level Treatment
Residential development may have a finished floor elevation up to 5
feet above sidewalk level to provide more interiox pxivacyr for residents.
Entry porches or stoops along the street are encouraged to bridge this
change in elevarion and connect these units to the sidewalk to minimize
any physical sepaxation fxom the street level. The stxeet-level Erontage
should be visually interesting with frequent urut entxances and clear
orientarion to the stxeet.
5.3.2.3 Site Access
Curb cuts should be minitnized to promote traffic and pedestrian safety
and create cohesive landscaping and building fa�ades. A ma�rnum of
two curb cuts should be pYovided fox projects requiring 30 paYking
spaces ox more; for projects with less than 30 spaces, only one curb cut
should be provided. One-way dxiveways should have cuxb cuts with a
fully depressed width no greatex than 12 feet two-way curb cuts should
be no greater than 22 feet. On-site bicycle parking for residcnts is
encouraged.
5.3.3 ARCHITECTURAI. COMPATIBILITY
5.3.3.1 Development Massing
The residential areas within Downtown Burlingame have a range
oE building heights, and so particular attention must be paid to
the massing of new buildings to ensure an appropriate transition
with surrounding development. Massing and street fa�ades shall
be designed to create a xesidential scale in keeping with Burlingame
neighborhoods.
5-1�
FIGURE 5-29: The street-level frontage should be visually interesting
with frequent unit entrances and strong orientation to the street.
FIGURE 5-30: Articulation, setbacks, and materials should
minimize massing, break down the scale of buildings, and
provide visual interest.
Articulation, setbacks, and materials should minimize massing, break
down the scale of buildings, and provide visual interest.
5.3.3.2 On-Site Structured Parking
Given the density and premium land values Downtown, new projects
will likely provide on-site parking in enclosed garage structures,
underground, or in "semi-depressed" gaYages that are partially
underground and partially above ground.
Paxking should not be allowed to dominate the chaxacter of the project.
Where enclosed paxking is at gxound level, it should be fronted or
wrapped with habitable uses when possible. If it is not possible to
fully wrap the parking, it should be incorporated into the design of
the facade. Semi-depressed parking (partly below ground and partly
exposed above ground) should be screened with architectural elements
that enhance the streetscape such as stoops, porches, or balcony
overhangs.
5.3.3.3 Roof Treatment
Interesting and varied roof forms ase encouraged. Rooflines should
emphasize and accentuate significant elements of the building such
as entsies, bays, and balconies. Rooftop equipment shall be concealed
fxom view and/or integxated within the architecture of the btulding.
5.3.4 ARCHITECTURAL DESIGN CONSISTENCY
5.3.4.1 Facade Design
Facades should include projecting eaves and overhangs, porches, and
other architectural elements that provide human scale and help break
up building mass. All exposed sides of a building should be designed
with the same level of care and integrity. Facades should have a
variation oE both positive space (massing) and negative space (plazas,
inset doorways and windows).
Occupicd spacc �>�>
screcns parking
from sidewalk. �
�
�'
�,
�.
FIGURE 5-31: Where enclosed parldng is at ground level,
it should be fronted or wrapped with uses that can be
occupied such as lobbies and living space when possible.
FIGURE 5-32: Semi-depressed
parking should be screened
with architectural elements that
enhance the streetscape such
as stoops, porches, or balcony
overhangs.
5.0 Design & Character
Elements such as entrances, stairs, porches, bays and balconies should
be visible to people on the street. Coxnex parcels are encou:aged to
incorporate featuxes such as corner entrances, bay windows, and corner
roof features, but should avoid monumentally-scaled elements such as
towers.
5.3.4.2 Windows
projecring eaves and overhangs, porches, and other
architectural elements that provide human scale and help
break up building mass
Building walls should be accented by well-proporuoned openings that
provide relief, detail and variation on the fa�ade. Windows should be
inset generously fxom the building wall to create shade and shadow
detail. The use of high-qualiry window products that contribute to the
xichness, detail, and depth of the fa�ade is encouraged. W'indows with
mullions should have individual window lights, xather than applied
"snap-in" mullions that lack depth and are not integral to the window
structure. Reflective glass is undesirable because of its tendency to
create uncomfortable glare condiuons and a visual barrier. �'�iere
residential uses are adjacent to each other, windows should be placed
with regard to any open spaces or windows on neighboring builclings
so as to pYotect the privacy of residents.
5.3.4.3 Materials
Building matexials should be richly detailed to provide visual interest.
The use of materials that are reflected in the histoxic axchitecture
present in the neighbozhood is encouraged. Metal siding and large
expanses of stucco or wood siding are also to be avoided. Roofing
materials and accenting features such as canopies, cornices, tile accents,
etc. should also offer color variation. Residential building materials
should indude quality details such as wrought iron, wood-framed
windows, wood brackets and tile roofs.
5.3.5 SITE AMENITIES
5.3.5.1 Setbacks
Table 3-2 in Chapter 3 specifies basic building standards such
as setbacks and height. Builcling setbacks are intended to cxeate
5-20
FIGURE 5-33: Residential facades should include
FIGURE 5-34: Windows should be inset generously from the
building wall to create shade and shadow detail.
5.0 Design & Character
a transition between the hardscape, urban environment of the
commercial axeas and the suburban setting in the surrounding
neighborhoods. Setbacks have multiple purposes, including providing
sunlight, places for landscaping, and areas for activiry and recreation.
Building setbacks should be appropriately landscaped to provide
screening and introduce txees and plantings in this area. Landscaped
setback areas should be integrated with buildings by providing
openings in the building walls that connect the peruneter landscaping
with interior courtyards and landscape pathways. Landscaping should
be planned in relation to suxrounding vegetarive types with special
consideration being given to native species where possible. Pathways
and courtyards should be made of pervious materials to allow
gxoundwatex absoYption.
5.3.5.2 Open Space
Private on-site open space within the Downtown aYea is not intended
to provide xecreational spaee or large landscaped areas, sulce this is
a more urban environment. However, open space is an important
element foY xesidential buildings and should be used to effectively
articulate building forms, promote access to light and fresh air, and
maintain privacy for powntown residents. In residenual development,
most open space should be used to pYovide attxactive amenities for
residents, including interior courryards, outdoox seating options and
perimeter landscaping. Balconies and rooftop terraces are encouraged.
Where open space is situated over a structuxal slab, podium or rooftop
it should have a combination of landscaping and high quality� paving
materials, including elements such as planters, medium-si�ed trees,
and use of textured and/or colored paved surfaces. Planters may be
designed to not only� accommodate colorful ornamental landscaping,
but could also accommodate garden plots for "urban agriculture."
Trees should be selected from the City's tree list.
FIGURE 5-35: Where open space is situated over a structural slab,
podium or rooftop it should have a combination of landscaping and
high qualiry paving materials, including elements such as planters,
mature trees, and urban agriculture.
5.0 Design & Character
Tran,rition Element.r
3
� 2 Story 3 Story 4-Story
�
:1
Low Densiry r
1-2 Story a; � , z`�: �.�
�..r,°� ��:�.... ���Ir ..:� 4 .�.
' i
>
� v� � �
: � �
�y
,,, � i
FIGURE 5-37: Transitions can also be made by stepping massing down within a
project, with lower building elements providing a buffer between taller elements
and adjacent lower-density development.
5.4 ADDITIONAL DESIGN STANDARDS FOR ALL AREAS OF
DOWNTOWN
5.4.1 LAND USE TRANSITIONS
Where appropriate, when new projects are built adjacent to existing
lower-scale residential development, care shall be taken to respect
the scale and privacy of adjacent propexties.
5.4.1.1 Massing and Scale Transitions
Transitions of development intensity from higher densiry
development building types to lowex can be done through diffexent
building sizes or massing treatmcnts that are compatible with the
lower intensity� surrounding uses. Massing and orientation of new
buildings should respect the massing of neighboring structures by
varying the massing within a project, stepping back upper stoxies,
reducing mass b�� composition of solids and voids, and vazying sizes
of elements to ttansition to smaller scale buildings.
5.4.1.2 Privacy
Privary of neighboring structures should be maintained with
windows and upper floor balconies positioned so they minimize
views into neighboring properties, minimizing sight lines into and
Erom neighboring properties, and limiting sun and shade impacts on
abutting properties.
5.4.1.3 Boundaries
Where appropriate, when different land uses or building scales are
adjacent, boundaries should be established by providing pedestrian
paseos and mews to create separation, rather than walls or fences.
I 5-22
FIGURE 5-36: Transitions of development intensity from higher density
development building types to lower can be done though building types or
treatments that are compatible with the lower intensity surrounding uses.
Boundaries can be established by providing pedestrian paseos and mews to
create separation, rather than walls or fences.
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Pl, �.:. :,- ,�L_ _,
— Dl?I�F,NS[Vl�.
l�ence scpazatcs projects
FIGURE 5-38: Following a cooperative, rather than defensive design approach for the spaces between buildings results in a
more coherent downtown feel, as opposed to a collection of unrelated projects.
FIGURE 5-39: Example of two diffexent land use intensities joined with a
common paseo pathway.
S.0 Design & Character
9am
12 noon
3pm
5.4.2 SHADOW IMPACTS
Every building invariably casts some shadows on adjoining parcels,
public streets, and/or open spaces. However, as the design of a
project is developed, consideration should be given to the potential
shading unpacts on surroundings. Site plans, massing, and building
design should xespond to potential shading issues, minimizing
shading unpacts where they would be undesirable, or conversely
maximizing shading where it is desired.
March 21 st
June 21 st
March 21 st
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l, � Propo5etil� �'.
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June 27 st
March 21 st
June2lst
As paxt oE the design review process, development in the Specific
Plan Area that is proposed to be taller than existing surrounding
structures should be evaluated for potential to cxeate new shadows/
shade on public and/or quasi-public open spaces and major
pedestrian routes. r1t a minunum, shadow diagrams should be
prepared fox 9 AM, 12 noon, and 3 PM on Maxch 21 st, June 21 st,
September 21st, and December 21st (appxoximately corresponding
to the solstices and e9uinoxes) to identify extseme condirions and
trends. If warranted, diagrams could also be prepared for kev dates
ox times of day — far example, whether a sidewalk ox public space
would be shaded at lunchtime during warmer months.
September 21 st
September 21st
September 21st
December 21st
FIGURE 5-40: Sample shadow analysis shows the range of shading conditions
through the year.
5-24
December 21 st December 21 st
S.0 Design & Character
5.4.3 SUSTAINABILITY AND GREEN BUILDING DESIGN
Project design and materials to achieve sustainability and green building
design should be incoxporated into projects. Ureen building design
considers the cnvironment during design and construction and aims
for compatibility with the local environment to protect, respect and
benefit from it. In general, sustainable buildings are encrgy efficient,
water conserving, durable and nontoxic, with high-quality spaces and
high recycled content materials. The following considerations should be
included in site and building design:
• Resilient, durable, sustainable materials and finishes.
• Flexibility over time, to allow far re-use and adaptation.
• Optimize building orientation for heat gain, shading, daylighting,
and natural ventilation.
• Design landscaping to create comfoxtable micxo-climates and
xeduce heat island effects.
• Design for easy pedestrian, bicycle, and transit access, and provide
on-site bicycle parking.
• Maximize on-site stormwater management through landscaping
and pexmeable pavement.
• On flat roofs, utilize cool/white roofs to minirnize heat gain.
• Design lighting, plumbing, and equipment for efficient enexgy use.
• Cxeate healthy indoor environments.
• Pursue adaptive re-use of an existing building or portion of a
building as an alternative to demolition and rebuilding.
• Use creativity and innovation to build more sustainable
environments. One example is establishing gardens with edible
fruits, vegetables or othcr plants as part of project open space, or
providing gaxden plots to residents fox urban agriculture.
To xeduce carbon footprint, new pYojects are encouraged to follow
the standards and guidelines of the Leadership in Enexgy and
Envi�onmental Design (LEED) Green Building Rating System,
developed by the U.S. Green Building Council (USGBC), and puxsue
LEED certificahon if appropriate.
South facing �vindows with shading
Summer dcvices to control ovcnc�ating in
Sun . Summer
,�ti j !
t
W�n«r s�r
Direet sunlight througl�
south Eacing windows would
improve passive heating i�
WinCer
FIGURE 5-41: Use of shading devices to control solar loads in
summer and gain passive heat in winter.
impermeable areas with landscaping, green roofs, and
rain gardens when possible.
FIGURE 5-42: Minimize stormwater runoff to
S.0 Design & Character
5.4.4 LANDSCAPE TREES
'The Ciry of Burlingame has a long history of proactive tree planting
and propeY tcee caxe. Fxom the late 1800's when trees were planted
along El Camino Real and Easton Drive to the cuYrent day, Buxlingame
has enjoyed the many benefits trees provide to an uYban area.
Burlingame's longtimc commitment to trees is evidenced by recogni-
tion as a"Tree Ciry USA" for 30 consecutive years. This is the longest
streak in the County, 5th longest in the State and one of the longest in
the Country for receiving this award.
In Downtown Burlingame, trees include street trees lining sidewalks
and xoadways (typically within the public xight-of-way), as well as txees
on private property in settings such as landscaped setback areas, court-
yards, and roof gardens.
open space plans.
ChapteY 4: Streetscapes & Open Space) pYovides guidance fox street
trees within the public right-of-way. Landscape trees on pxivate prop-
erty have equal importance as part of the "urban forest," in contrib-
uting environmental and aesthetic benefits to downtown. Trees are
impartant fox theie beauty, shade and coolness, economic benefits, and
role in reducing energy use, pollution, and noise.
The City of Burlingame has an Uxban Foxest Management Plan that
includes policies and management practices for both city and pxivate
trees. Maintaining existing trees is a priority, and large trees on private
properry are protected by Ciry Ordinance. Any tree with a c�cumfer-
ence of 48 inches or more when measuzed 54 inches above the ground
is a"Protected Tree." A permit is required to remove or heavily prune
a pxotected tree.
Consistent with Btulingame's status as "Tree Ciry USA," new projects
are required to incorporate trees into landscape and private open space
plans. Property owners should consult the Burlingame Uxban Forest
Management Plan fvr design considerations, planting techniques, and
maintenance guidance.
5-2G
FIGURE 5-43: Consistent with Burlingame's status as "Tree City USA,"
new projects are required to incorporate trees into landscape and private
S.0 Design & Character
5.4.5 PRESERVATION OF HISTORIC BUILDINGS
Downtown Burlingame is the symbolic and historic center of the City.
The vision for powntown is to preserve the rrus of buildings, the
pedestrian-scaled environment and the caxefully designed public spaces
that contribute to its special community character. Downtown's flex-
ible and timeless late 19th and early 20th Century buildings contribute
historic character and disrinctiveness to this des�able pattern and n�
of buildings. New buildings should be sensitive to the historic scale
and architecture of Downtown.
Historic preservation and adaprive xe-use is encouYaged both to main-
tain the unique ambience of Downtown Burlingamc but also for eco-
logical benefits. Preservation maxixruzes the use of e�sung materials
and infrastructure, reduces waste, and preserves historic character.
Historic buildings were often traditionally designed with many sustain-
able features that responded to climate and site, and when effectively
restored and reused, these features can bring about substantial energy
savings.
The guidelines in this chapter, together with the Commerczal De.rign
Guidebook for commetcial and mixed use developments and the
Inventory of Hirtorii Ke.rource.r are intended to ensuxe that both new
development and improvements to existing properties are compatible
with the historical character of Downtown and will be the basis of
design review
WheYe a building is described in the Inventory of Hi.rtoric Ke.rource.r, the
inventory should be consulted as part of the design review. F3uilding
characteristics described in the inventory should be a consideration in
project design and review, together with other design considerations
described in this chaptex and in the Cornmerczal De.rig�r Guidebook.
F1GUf�� �-44�$: i�o�s-iato�vir's late 19t3� anci early 20th Ceneur5� buildings
contribute historic chazacter and distinctiveness to this desirable pattern and
mix of buildings.
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BURLINGAME
APPROVING AN APPLICATION FOR CATEGORICAL EXEMPTION, DESIGN REVIEW,
CONDOMINIUM PERMIT, AND DENSITY BONUS FOR CONSTRUCTION OF A NEW 19-
UNIT RESIDENTIAL CONDOMINIUM AT 128 LORTON AVENUE
WHEREAS, on November 27, 2018, Chris Grant filed an application with the City of Burlingame
Community Development Department — Planning Division requesting approval of the following requests:
■ Design Review for the proposed construction of a new five-story, 19-unit residential condominium
building (C.S. 25.29.020 and 25.57.010, and Chapter 5 of the Downtown Specific Plan);
■ Condominium Permit for construction of new residential condominium building (C.S. 26.30.020);
and
■ Density Bonus to allow development concessions and waiver/modifications to development
standards to facilitate the provision of affordable housing; concession for off-street parking and
waivers/modifications of development standards including building setbacks (front, left/right sides
and rear), lot coverage, building height, common open space, and private open space
requirements (C.S. 25.63.050).
WHEREAS, on October 15, 2019 the Planning Commission conducted a duly noticed public
hearing (design review study) to review a 19-unit residential condominium project. At that time the
Planning Commission requested additional information and asked the applicant to consider making
changes to the project to address their concerns; and
Following consideration of all information contained in the July 13, 2020 staff report to the
Planning Commission regarding the project, all written correspondence, and atl public comments
received at the public hearing, the Planning Commission grants approval of the 19-unit residential
condominium project based on the following findings regarding the project entitlements:
Desiqn Review Findinqs:
■ that the project is consistent with the diverse architectural styles of existing residential and
commercial buildings in the area characterized by simple massing, an articulated fa�ade and
entrance awning on the ground floor, and articulated walls and repetitive fenestration on the upper
floors; the project mediates between existing buildings in the area ranging from one to three
stories in height and an adjacent five-level public parking garage, to create a continuous mixed-
use residential neighborhood, is well articulated, and embraces the street and the pedestrian
realm;
■ that the architectural style blends traditional and contemporary design elements to be compatible
with adjacent neighborhoods and the City as a whole, and that human scale is provided at the
street level consisting of an entry element at the front of the building, and on the upper levels
individual balconies provide residential scale and character;
■ that parking for the project does not dominate the street frontage because the garage has been
located behind the ground floor building fa�ade with one driveway access to the garage
measuring 14 feet in width, or 28% of the frontage along Lorton Avenue;
1
that the building is characterized by a single contemporary architectural style and its design fits
the site and is compatible with the surrounding development by exhibiting thoughtful massing,
character and pedestrian scale, and successfully creates a good transition between the existing
residential and commercial buildings in the neighborhood, as we as the adjacent public parking
garage, with well-articulated massing and a variety of exterior sidings, textures and colors;
that the building is compatible with the mass, bulk, scale, and existing materials of existing
development in that the exterior building materials include a mix of cement plaster walls with
decorative reveals, manufactured stone veneer, decorative cornice/trip along the top edge of the
building, glass guardrails at balconies, glass entry doors and fiberglass windows with interior
wood jamb extensions; and
that site features such as fencing, landscaping, and pedestrian circulation will enrich the existing
opportunities of the neighborhood transitioning from commercial to residential uses.
Condominium Permit Findinqs:
that the 19-unit residential condominium project and is compatible with the surrounding
development by exhibiting thoughtful massing, character and pedestrian scale, and successfully
creates a good transition between the existing residential and commercial buildings in the
neighborhood, as we as the adjacent public parking garage, and will not have a significant impact
on public health, safety and general welfare;
that the project has fulfilled all criteria for an Infill Exemption and therefore will have no significant
impacts on schools, parks, utilities, neighborhoods, streets, traffic, parking and other community
facilities and resources; and
that tlie project includes new fencing and landscaping on the project site, as well as installation
of two new street trees, and therefore will enrich the neighborhood transitioning from commercial
to residential uses.
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
Julv 13, 2020, at which time it reviewed and considered the staff report and all other written materials
and testimony presented at said hearing;
NOW, THEREFORE, IT IS RESOLVED AND DETERMINED BY THIS PLANNING COMMISSION THAT:
Section 1. On the basis of the documents submitted and reviewed, and comments received and
addressed by this Commission, it is hereby found that there is no substantial evidence that the project set
forth above will have a significant effect on the environment, and categorical exemption, per CEQA Section
15332, In-Fill Development Projects, is hereby approved.
Section 2. Said Design Review, Condominium Permit, and Density Bonus are approved
subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Design Review,
Condominium Permit, and Density Bonus are set forth in the staff report, minutes, and recording of said
meeting.
Section 3. It is further directed that a certified copy of this resolution be recorded in the official
records of the County of San Mateo.
2
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 13t" dav of Julv, 2020, by the following vote:
Secretary
3
EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review, Condominium Permit, and
Density Bonus.
128 Lorton Avenue
Effective July 23, 2020
Page 1
that the project shall be built as shown on the plans submitted to the Planning Division
date stamped June 5, 2020, sheets A0.0 through A6.0, C1.1 through C1.3 and L1;
that prior to issuance of a building permit for construction of the project, the project
construction pians 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 ali sets of approved plans throughout the construction process.
Compliance with all conditions of approval is required; the conditions of approval shall not
be modified or changed without the approval of the Planning Commission, or City Council
on appeal;
3. that prior to issuance of a building permit, the applicant shall apply for a tentative and final
condominium map with the Public Works, Engineering Division for processing in
conformance with the Subdivision Map Act;
4. that prior to issuance of the final inspection of the project, the applicant shall pay the public
facilities impact fee in the amount of $83,055.00, made payable to the City of Burlingame
and submitted to the Planning Division;
5. that any changes to the size or envelope of the building, which would include expanding
the footprint or floor area of the structure, replacing or relocating windows or changing the
roof height or pitch, shall be subject to Planning Commission review (FYI or amendment
to be determined by Planning staf�;
6. that the project shall include two (2) affordable units for a 55-year term; the applicant shall
enter into an agreement for the administration of the sale, renting, or leasing of the
affordable units at least 120 days before the final inspection;
7. that the required affordable dwelling units shall be built on-site and shall be constructed
concurrently with market-rate units;
8. that the two (2) moderate income restricted affordable units shall remain restricted and
affordable to the designated income group for a minimum period of fifty-five (55) years (or
a longer period of time if required by the construction or mortgage financing assistance
program, mortgage insurance program, or rental subsidy program);
9. that the applicant shall enter into a regulatory agreement with the City; the terms of this
agreement shall be approved as to form by the City Attorney's Office, and reviewed and
revised as appropriate by the reviewing City official; this agreement will be a form provided
by the City, and will include the following terms:
(a) The affordability moderate income housing shall be assured in a manner consistent
with Government Code Section 65915(c)(1);
(b) An equity sharing agreement pursuant to Government Code Section 65915(c)(2);
(c) The location, dwelling unit sizes, sale or rental cost, and number of bedrooms of
the affordable units;
(d) A description of any bonuses and incentives, if any, provided by the City; and
EXHIBIT "A"
Conditions of Approval for Categoricai Exemption, Design Review, Condominium Permit, and
Density Bonus.
128 Lorton Avenue
Effective July 23, 2020
Page 2
(e) Any other terms as required to ensure implementation and compliance with this
section, and the applicable sections of the density bonus law;
10. that the above noted regulatory agreement regarding the two (2) restricted affordable units
shall be binding on all future owners and successors in interest; the agreement required
by this Zoning Code Section 25.63.080 is hereby a condition of all development approvals
and shall be fully executed and recorded prior to the issuance of any building or
construction permit for the proposed project;
11. that the final inspection shall be completed and a certificate of occupancy issued before
the close of escrow on the sale of each unit;
12. that the developer shall provide to the initial purchaser of each unit and to the board of
directors of the condominium association, an owner purchaser manual which shall contain
the name and address of all contractors who performed work on the project, copies of all
warranties or guarantees of appliances and fixtures and the estimated life expectancy of
all depreciable component parts of the property, including but not limited to the roof,
painting, common area carpets, drapes and furniture;
13. that CityLift Model No. 2LP parking lift system, or an equivalent parking lift system, shall
be installed, with the following conditions:
a. the parking lifts shall be properly illuminated to provide safety for easy loading and
unloading, while not causing excessive glare.
b. signage shall be installed explaining the proper use of the lifts and emergency
contact information for lift maintenance or problems.
c. the final design of the parking lifts shall be subject to the review and approval of
the Community Development Director.
14. that the project shall be constructed in accordance with the June 4, 2020 "Request for
Alternate Materials or Methods of Construction" agreement between Chris Grant and
Central County Fire Department;
15. that if the City determines that the structure interferes with City communications in the
City, the property owner shall permit public safety communications equipment and a
wireless access point for City communications to be located on the structure in a location
to be agreed upon by the City and the property owner. The applicant shall provide an
electrical supply source for use by the equipment. The applicant shall permit authorized
representatives of the City to gain access to the equipment location for purposes of
installation, maintenance, adjustment, and repair upon reasonable notice to the property
owner or owner's successor in interest. This access and location agreement shall be
recorded in terms that convey the intent and meaning of this condition;
16. that all construction shall abide by the construction hours established in the Municipal
Code;
EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review, Condominium Permit, and
Density Bonus.
128 Lorton Avenue
Effective July 23, 2020
Page 3
17. that the project applicant and its construction contractor(s) shall develop a construction
management plan for review and approval by the City of Burlingame. The plan must
include at least the following items and requirements to reduce, to the maximum extent
feasible, traffic and parking congestion during construction:
a. A construction parking plan to provide worker parking off site and generally off
neighborhood streets, with shuttles or other transportation as needed to transport
workers to the site;
b. A set of comprehensive traffic control measures, including scheduling of major truck
trips and deliveries to avoid peak traffic hours, detour signs if required, lane closure
procedures, signs, cones for drivers, and designated construction access routes;
c. Identification of haul routes for movement of construction vehicles that would
minimize impacts on motor vehicular, bicycle and pedestrian traffic, circulation and
safety, and specifically to minimize impacts to the greatest extent possible on streets
in the project area;
d. Notification procedures for adjacent property owners and public safety personnel
regarding when major deliveries, detours, and lane closures would occur;
e. Provisions for monitoring surface streets used for haul routes so that any damage
and debris attributable to the haul trucks can be identified and corrected by the
project applicant; and
f. Designation of a readily available contact person for construction activities who
would be responsible for responding to any local complaints regarding traffic or
parking. This coordinator would determine the cause of the complaint and, where
necessary, would implement reasonable measures to correct the problem.
18. that the applicant shall submit an erosion and sedimentation control plan describing BMPs
(Best Management Practices) to be used to prevent soil, dirt and debris from entering the
storm drain system; the plan shall include a site pian showing the property lines, existing
and proposed topography and slope; areas to be disturbed, locations of cut/fill and soil
storage/disposal areas; areas with existing vegetation to be protected; existing and
proposed drainage patterns and structures; watercourse or sensitive areas on-site or
immediately downstream of a project; and designated construction access routes, staging
areas and washout areas;
19. that the applicant shall submit a Construction Noise Control Plan. This plan would include
measures such as:
■ Using smaller equipment with lower horsepower or reducing the hourly utilization
rate of equipment used on the site to reduce noise levels at 50 feet to the allowable
level.
■ Locating construction equipment as far as feasible from noise-sensitive uses.
■ Requiring that all construction equipment powered by gasoline or diesel engines
have sound control devices that are at least as effective as those originally
provided by the manufacturer and that all equipment be operated and maintained
to minimize noise generation.
■ Prohibiting gasoline or diesel engines from having unmuffled exhaust systems.
3
EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review, Condominium Permit, and
Density Bonus.
128 Lorton Avenue
Effective July 23, 2020
Page 4
■ Not idling inactive construction equipment for prolonged periods (i.e., more than
5 minutes).
■ Constructing a solid plywood barrier around the construction site and adjacent to
operational businesses, residences, or other noise-sensitive land uses.
■ Using temporary noise control blanket barriers.
■ Monitoring the effectiveness of noise attenuation measures by taking noise
measurements.
■ Using "quiet" gasoline-powered compressors or electrically powered compressors
and electric rather than gasoline- or diesel-powered forklifts for small lifting.
20. that all off-road diesel-powered equipment used during construction is equipped with
U.S. Environmental Protection Agency (EPA) Tier 4"final" engines;
21. that construction access routes shall be limited in order to prevent the tracking of dirt
onto the public right-of-way, clean off-site paved areas and sidewalks using dry sweeping
methods;
22. that during construction, the applicant shall provide fencing (with a fabric screen or mesh)
around the project site to ensure that all construction equipment, materials and debris is
kept on site;
23. that storage of construction materials and equipment on the street or in the public right-of-
way shall be prohibited;
24. that if construction is done during the wet season (October 1 through April 30), that prior
to October 1 the developer shall implement a winterization program to minimize the
potential for erosion and polluted runoff by inspecting, maintaining and cleaning all soil
erosion and sediment control prior to, during, and immediately after each storm even;
stabilizing disturbed soils throughout temporary or permanent seeding, mulching matting,
or tarping; rocking unpaved vehicle access to limit dispersion of mud onto public right-of-
way; covering/tarping stored construction materials, fuels and other chemicals;
25. that trash enclosures and dumpster areas shall be covered and protected from roof and
surFace drainage and that if water cannot be diverted from these areas, a self-contained
drainage system shall be provided that discharges to an interceptor;
26. that this project shall comply with the state-mandated water conservation program, and a
compfete Irrigation Water Management and Conservation Plan together with complete
landscape and irrigation plans shall be provided at the time of building permit application;
27. that all site catch basins and drainage inlets flowing to the bay shall be stenciled. All catch
basins shall be protected during construction to prevent debris from entering;
4
EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review, Condominium Permit, and
Density Bonus.
128 Lorton Avenue
Effective July 23, 2020
Page 5
28. that this proposal shall comply with all the requirements of the Tree Protection and
Reforestation Ordinance adopted by the City of Burlingame in 1993 and enforced by the
Parks Department; complete landscape and irrigation plans shall be submitted at the time
of building permit application and the street trees will be protected during construction as
required by the City Arborist;
29. that the applicant shall coordinate with the City of Burlingame Parks Division regarding the
planting of two (2) street trees along Lorton Avenue;
30. 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;
31. 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;
32. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water
Management and Discharge Control Ordinance;
33. that the project shall meet all the requirements of the California Building and Uniform Fire
Codes, as amended by the City of Burlingame;
34. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance;
The following conditions shall be met during the Building Inspection process prior to the
inspections noted in each condition:
35. that prior to scheduling the foundation inspection a licensed surveyor shall locate the
property corners, set the building envelope;
36. that prior to underFloor frame inspection the surveyor shall certify the first floor elevation
of the new structure(s) and the various surveys shall be accepted by the Building Division;
37. 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;
38. 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 P�anning and Building plans;
5
EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review, Condominium Permit, and
Density Bonus.
128 Lorton Avenue
Effective July 23, 2020
Page 6
39. that the maximum elevation to the top roof parapet shall not exceed elevation 93.56, as
measured from the average elevation at the top of the curb along Lorton Avenue (37.06')
for a maximum height not to exceed 56'-6" to the top of the parapet; the garage finished
floor elevation shall be elevation 37.06'; the top of each floor and final roof ridge shall be
surveyed by a licensed surveyor who shall provide certification of that height to the
Building Division; Should any framing exceed the stated elevation at any point it shall be
removed or adjusted so that the final height of the structure with roof shall not exceed the
maximum height shown on the approved plans;
The following conditions of approval are from Downtown Specific Plan:
40. that if subgrade structures are proposed, the project sponsor shall prepare a Geotechnical
Study identifying the depth to the seasonal high water table at the project site. No
permanent groundwater dewatering would be allowed. Instead, all residential uses must
be elevated to above the seasonal high water table and all areas for non-residential uses
shall be flood-proofed and anchored, in accordance with floodplain development
requirements, to the design depth as recommended by geotechnical engineer. Final
design shall be prepared by a qualified professional engineer and approved by the
Burlingame Department;
41. the project sponsor shall implement all appropriate control measures from the most
currently adopted air quality plan at the time of project construction;
42. the project sponsor shall ensure implementation of the following mitigation measures
during project construction, in accordance with BAAQMD standard mitigation
requirements:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shall be watered two times per day or as necessary.
b. All haul trucks transporting soil, sand, or other loose material offsite shall be covered
or otherwise loaded consistent with California Vehicle Code Section 23114.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry sweeping
is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding
or soil binders are used.
�
EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review, Condominium Permit, and
Density Bonus.
128 Lorton Avenue
Effective July 23, 2020
Page 7
Idling times shall be minimized either by shutting off equipment when not in use or
reducing the maximum idling time to 5 minutes (as required by the California airborne
toxics control measure Title 13, Section 2485 of the California Code of Regulations
[CCR)). Clear signage shall be provided for construction workers at all access points.
g. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
Post a publicly visible sign with the telephone number and person to contact at the
Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District's phone number shall also be
visible to ensure compliance with applicable regulations.
43. the project sponsor shall implement the following Greenhouse Gas reduction measures
during construction activities:
a. Alternative-Fueled (e.g., biodiesel, electric) construction vehicles/equipment shall
make up at least 15 percent of the fleet.
Use at least 10 percent local building materials.
c. Recycle at least 50 percent of construction waste or demolition materials.
44. the project sponsor shall provide adequate secure bicycle parking in the plan area at a
minimum ratio of 1 bicycle spot for every 20 vehicle spots;
45. the condominium management shall post and update information on alternate modes of
transportation for the area (i.e. bus/shuttle schedules and stop locations, maps);
46. the project sponsor shall incorporate commercial energy efficiency measures such that
energy efficiency is increased to 15% beyond 2008 title 24 standards for electricity and
natural gas;
47. the project sponsor shall incorporate recycling measures and incentives such that a solid
waste diversion rate of 75% is achieved upon occupation of each phase of plan
development;
48. the project sponsor shall incorporate residential water efficiency measures such that water
consumption is decreased by a minimum of 10 percent over current standard water
demand factors;
49. that construction shall avoid the March 15 through August 31 avian nesting period to the
extent feasible, as determined by staff. If it is not feasible to avoid the nesting period, a
survey for nesting birds shall be conducted by a qualified wildlife biologist no earlier than
7 days prior to construction. The area surveyed shall include all clearing/construction
7
EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review, Condominium Permit, and
Density Bonus.
128 Lorton Avenue
Effective July 23, 2020
Page 8
areas, as well as areas within 250 ft. of the boundaries of these areas, or as otherwise
determined by the biologist. In the event that an active nest is discovered,
clearing/construction shall be postponed within 250 ft. of the nest, untii the young have
fledged (left the nest), the nest is vacated, and there is no evidence of second nesting
attempts;
50. that for projects within the Ptan Area that require excavation, a Phase I Environmental Site
Assessment (and Phase II sampiing, where appropriate) would be required. If the Phase
I Environmental Site Assessment determines that remediation is required, the project
sponsor would be required to implement all remediation and abatement work in
accordance with the requirements of the Department of Toxic Substances Control (DTSC),
Regional Water Quality Control Board (RWQCB), or other jurisdictional agency;
51. the following practices shall be incorporated into the construction documents to be
implemented by the project contractor.
a. Maximize the physical separation between noise generators and noise receptors.
Such separation includes, but is not limited to, the following measures:
Use heavy-duty mufflers for stationary equipment and barriers around
particularly noisy areas of the site or around the entire site; - Use shields,
impervious fences, or other physical sound barriers to inhibit transmission of
noise to sensitive receptors;
Locate stationary equipment to minimize noise impacts on the community; and
Minimize backing movements of equipment.
b. Use quiet construction equipment whenever possible.
c. Impact equipment (e.g., jack hammers and pavement breakers) shall be
hydraulically or electrically powered wherever possible to avoid noise associated
with compressed air exhaust from pneumatically-powered tools. Compressed air
exhaust silencers shall be used on other equipment. Other quieter procedures, such
as drilling rather than using impact equipment, shall be used whenever feasible.
52. the project sponsor shall incorporate the following practice into the construction
documents to be implemented by construction contractors: The project sponsor shall
require that loaded trucks and other vibration-generating equipment avoid areas of the
project site that are located near existing residential uses to the maximum extent
compatible with project construction goals;
53. that if the project increases sewer flows to the sanitary sewer system, the project sponsor
shall coordinate with the City Engineer to determine if improvements to public sanitary
sewer infrastructure are needed. If improvements are needed, the following shall apply:
that prior to issuance of a building permit, the project sponsor shall develop a plan
to facilitate sanitary sewer improvements. The plan shall include a schedule for
EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review, Condominium Permit, and
Density Bonus.
128 Lorton Avenue
Effective July 23, 2020
Page 9
implementing sanitary sewer upgrades that would occur within the development site
and/or contribution of a fair share fee toward those improvements, as determined by
the City Engineer. The plan shaii be reviewed by the City Engineer.
54. that prior to issuance of a building permit, the development plans shall be reviewed by the
Fire Marshal to determine if fire flow requirements would be met given the requirements
of the proposed project, and the size of the existing water main(s). If the Fire Marshal
determines improvements are needed for fire protection services, then the following shall
apply:
that prior to issuance of a building permit the project sponsor shall be required to
provide a plan to supply adequate water supply for fire suppression to the project
site, consistent with the Fire Marshal's requirements. The plan shall be reviewed by
the Fire Marshal. The project sponsor shall be responsible for implementation of the
plan including installation of new water mains, and/or incorporation of fire water
storage tanks and booster pumps into the building design, or other measures as
determined by the Fire Marshal.
55. that if evidence of an archeological site or other suspected cultural resource as defined by
CEQA Guidelines Section 15064.5, including darkened soil representing past human
activity ("midden"), that could conceal material remains (e.g., worked stone, worked bone,
fired clay vessels, faunal bone, hearths, storage pits, or burials) is discovered during
construction-related earth-moving activities, all ground-disturbing activity within 100 feet
of the resources shall be halted and the City of Burlingame shall be notified. The project
sponsor shall hire a qualified archaeologist to conduct a field investigation. The City of
Burlingame shall consult with the archeologist to assess the significance of the find.
Impacts to any significant resources shall be mitigated to a less-than significant level
through data recovery or other methods determined adequate by a qualified archaeologist
and that are consistent with the Secretary of the Interior's Standards for Archeological
Documentation. Any identified cultural resources shall be recorded on the appropriate
DPR 523 (A-J) form and filed with the NWIC;
56. that should a unique paleontological resource or site or unique geological feature be
identified at the project construction site during any phase of construction, the project
manager shall cease all construction activities at the site of the discovery and immediately
notify the City of Burlingame. The project sponsor shall retain a qualified paleontologist to
provide an evaluation of the find and to prescribe mitigation measures to reduce impacts
to a less-than-significant level. Work may proceed on other parts of the project site while
mitigation for paleontological resources or geologic features is carried out. The project
sponsor shall be responsible for implementing any additional mitigation measures
prescribed by the paleontologist and approved by the City; and
57. that if human remains are discovered at any project construction site during any phase of
construction, all ground-disturbing activity within 100 feet of the resources shall be halted
and the City of Burlingame and the County coroner shall be notified immediately,
according to Section 5097.98 of the State Public Resources Code and Section 7050.5 of
�
EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review, Condominium Permit, and
Density Bonus.
128 Lorton Avenue
Effective July 23, 2020
Page 10
California's Health and Safety Code. If the remains are determined by the County coroner
to be Native American, the Native American Heritage Commission (NAHC) shall be
notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the
treatment and disposition of the remains. The project sponsor shall also retain a
professional archaeologist with Native American burial experience to conduct a field
investigation of the specific site and consult with the Most Likely Descendant, if any,
identified by the NAHC. As necessary, the archaeologist may provide professional
assistance to the Most Likely Descendant, including the excavation and removal of the
human remains. The City of Burlingame shall be responsible for approval of recommended
mitigation as it deems appropriate, taking account of the provisions of State law, as set
forth in CEQA Guidelines section 15064.5(e) and Public Resources Code Section
5097.98. The project sponsor shall implement approved mitigation, to be verified by the
City of Burlingame, before the resumption of ground-disturbing activities within 100 feet of
where the remains were discovered.
10
M
CITY OF BURLINGAME COMMUNITY DEVELOPMENT DEPARTMENT
F3ti�LlNG�IME
Planning Division
City Hall — 501 Primrose Road
Burlingame, California 94010-3997 PH: (650) 558-7250
FAX:(650)696-3790
PUBLIC HEARING NOTICE
The City of Burlingame Planning Commission announces the following public hearing on
Mondav, Julv 13, 2020 at 7:00 P.M.
Project Location: 128 Lorton Avenue, zoned R-4 (APN: 029-231-210)
Description: Application for Design Review, Condominium Permit and Density Bonus
Concessions and Waivers/Modifications for a new 5-story, 19-unit residential
condominium building with at-grade parking.
Pursuant to the CDC's social distancing guidelines which discourage large public gatherings, the
Planning Commission meeting will be held via Zoom, a teleconference platform (see below for access
details). The Council Chambers will not be open to the public for the July 13, 2020 Burlingame Planning
Commission meeting.
To access the meeting by computer:
Go to www.zoom.us/ioin
Meeting ID: 846 2316 9257
Password: 116435
To access the meeting by phone:
Dial 1-669-900-6833
Meeting ID: 846 2316 9257
Password: 116435
Members of the public may provide written comments by email to publiccommentCc�burlinqame.orct.
Comments submitted during the meeting will be read aloud by staff for the record.
Questions/Comments
If you have any questions about the proposed project or would like to schedule an appointment to view
a hard copy of the application and plans, please contact Ruben Hurin, staff planner for the project,
at rhurin(a�burlinqame.orq or (650) 558-7256. Written comments on the project may also be emailed to
the staff planner prior to the public hearing. We encourage you to review the proposed plans for this
project online now at www.burlinqame.orq/planninqcommission/aqenda.
Agenda and Staff Reports
The City of Burlingame will publish the meeting agenda at 5 p.m. on Thursday, July 9, 2020. The agenda
will be available online at www.burlinqame.orq/planninqcommission/aqenda and will contain the staff
report, related documents, and proposed plans for this application. The agenda will also be posted at
City Hall, 501 Primrose Road, Burlingame, CA. A hardcopy of the staff report and related documents
may be obtained upon request to the staff planner (see contact information above).
(please refer to other side)
PUBLIC HEARING NOTICE
Accessibility
In compliance with the Americans with Disabilities Act, individuals who require special assistance or a
disability-related modification or accommodation to participate in this meeting, or who have a disability
and wish to request an alternative format for the agenda, meeting notice, agenda packet or other
writings that may be distributed at the meeting, should contact the Planning Division
at planninqdept(c�burlinqame.orq or (650) 558-7250, by 10:00 a.m. on Monday, July 13, 2020.
Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting, the materials related to it, and your ability to comment.
If you challenge the subject application(s) in court, you may be limited to raising only those issues you
or someone else raised at the public hearing, described in the notice or in written correspondence
delivered to the City at or prior to the public hearing.
Property owners who receive this notice are responsible for informing their tenants about the notice.
Kevin Gardiner, AICP
Community Development Director
Mailed: Julv 2, 2020
128 Lorton Avenue
300' noticing
APN #: 029.231.210
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