HomeMy WebLinkAbout150 Park Road, Lot F - Approval Letter, DoL�tSigr,-��r.�elope ID: 45C99800-17C0-4C7A-ABF7-OBCC4692616A
CITY OF BURLINGAME
City Hall — 501 Primrose Road
Burlingame, California 94010-3997
March 20, 2020
Chris Grant
The Pacific Companies
430 E. State Street, Suite 100
Eagle, ID 83616
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COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
PH:(650)558-7250
FAX: (650) 696-3790
Mailing date: 04.23.20
Re: Design Review Amendment for Previously Approved
132-Unit Workforce and Senior Apartment Development at 150 Park Road (Lot F)
Dear Mr. Grant,
Since there was no appeal to or suspension by the City Council, the March 9, 2020, Planning
Commission approval of your application for Design Review Amendment for design changes to a
previously approved 132-unit affordable workforce and senior apartment development at 150 Park Road
(Public Parking Lot F), zoned HMU and R-4 Incentive District Subarea, became effective March 19,
2020.
The March 9, 2020 minutes of the Planning Commission state your application was approved with the
following conditions:
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that the project shall be built as shown on the plans submitted to the Planning Division date
stamped January 7, 2020, sheets T1.2 and A1.2 through A10.6;
that prior to issuance of a building permit, the applicant shall submit an FYI for Planning
Commission review of the following items:
■ revise the type and style of windows from internal grids to either simulated true divided
muntins with a spacer bar between the dual glazing or windows with no muntins; provide
window details and revise building elevations/renderings;
■ revisit the color specified for the storefront and awnings ("Jargon Jade" or equal previously
specified);
■ revisit the color specified for the structures on the roof ("Honey Bees" or equal previously
specified);
■ provide bicycle parking and bench seating near the main entrance to the building; must be
determined feasible by the Department of Public Works if provided within the right-of-way;
and
■ revisit alternative options for the Hardie horizontal lap siding, such as wood or other
material.
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3. that no entitlements are complete or may vest until the project sponsor enters into any required
final agreements with the City and has consent from the City Council as to the mechanism for the
transfer of property rights and any other required legal agreements or actions required to acquire
the rights to build the project as specified in the plans date stamped December 5, 2018;
4. that the affordable housing development shall contain 77 workforce housing rental units (65 one-
bedroom units and 12 two-bedroom units) and 55 senior apartment rental units (50 one-bedroom
units and 5 two-bedroom units) and shall consist of the following:
■ 82 units targeted to households earning up to 50% Area Median Income (AMI)
■ 35 units targeted to households earning up to 80% AMI
■ 14 units targeted to households earning up to 120°/o AMI
■ 1 manager rental unit (workforce)
5. the applicant shall enter into an agreement for the administration of the renting or leasing of the
affordable units at least 120 days before the final inspection;
6. 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 of very low, low, and 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) if units are
converted to for sale units in the future;
(c) The location, dwelling unit sizes, 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;
7. that prior to issuance of a building permit, the project applicant shall coordinate with the City to
design the passive park located in the 45' x 150' portion of lot at the rear of the site off Lorton
Avenue. The passive park should contain elements such as landscape trees (species and size
to be determined by the City), meandering paths, boulders, seating areas, etc. The project
applicant shall be responsible for preparing the plans, obtaining all necessary permits and
constructing the passive park;
8. that the project shall be required to construct the public parking garage on Lot N;
9. 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;
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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
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.
10. that prior to issuance of a building permit, the applicant shall apply for a tentative and final map
to merge the parcels with the Public Works, Engineering Division for processing in conformance
with the Subdivision Map Act;
11. 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;
12. 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�;
13. that prior to issuance of the final inspection of the project, the applicant shall pay the public
facilities impact fee in the amount of $730,884.00, made payable to the City of Burlingame and
submitted to the Planning Division;
14. that the project shall be constructed in accordance with the August 24, 2018 "Request for
Alternate Materials or Methods of Construction" agreement between The Pacific Companies and
Central County Fire Department which requires the following: a) the use of quick response
sprinkler heads; b) provide two stairwells with full access to the roof from the residential ground
floor; and c) provide a positive pressure system in these two stairwells for smoke control;
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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;
that storage of construction materials and equipment on the street or in the public right-of-way
shall be prohibited;
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17. 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;
18. 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;
19. 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;
20. 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;
21. 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;
22. that a Protected Tree Removal Permit shall be required from the City of Burlingame Parks
Division to remove any existing protected size trees and that the project shall comply with the
Tree Protection and Reforestation Ordinance adopted by the City of Burlingame 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 shall be protected during construction as required
by the City Arborist;
23. that if there are any existing trees on adjacent properties abutting the project site that are
determined to remain, the applicant shall have an arborist's report prepared which documents
how the trees should be protected during construction; this report shall be reviewed and
approved by the City Arborist and the contractor shall call for the City Arborist to inspect the
protection measures installed before a building permit shall be issued;
24. that a certified arborist shall be on site during any grading or digging activities that take place
within the designated tree protection zones, including the digging for the foundation and digging
for removal or installation of any utilities; and that if at any time during the hand digging a root
greater than 3 inches in diameter is encountered, the City Arborist shall be notified for further
inspection;
25. that the applicant shall coordinate with the City of Burlingame Parks Division regarding the
planting of at least two (2) Magnolia street trees along Park Road;
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26. that project approvals shall be conditioned upon installation of an emergency generator to power
the sump pump system; and the sump pump shall be redundant in all mechanical and electrical
aspects (i.e., dual pumps, controls, level sensors, etc.). Emergency generators shall be housed
so that they meet the City's noise requirement;
27. that prior to issuance of a building permit, the applicant shall prepare and submit to the
Department of Public Works — Engineering Division a sanitary sewer analysis that assesses the
impact of this project to determine if the additional sewage flows can be accommodated by the
existing sewer line. If the analysis results in a determination that the existing sewer line requires
upgrading, the applicant shall perform the necessary upgrades as determined by the Engineering
Division;
28. 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;
29. 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;
30. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water
Management and Discharge Control Ordinance;
31. that the project shall meet all the requirements of the California Building and Uniform Fire Codes,
2016 Edition, as amended by the City of Burlingame;
32. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance;
33. 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;
The following conditions shall be met during the Building Inspection process prior to the
inspections noted in each condition:
34. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property
corners, set the building envelope;
35. 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;
36. 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;
37. that prior to final inspection, Planning Division staff will inspect and note compliance of the
architectural details (trim materials, window type, etc.) to verify that the project has been built
according to the approved Planning and Building plans;
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38. that the maximum elevation to the top roof parapet shall not exceed elevation 96.37', as
measured from the average elevation at the top of the curb along Park Road (37.29') for a
maximum height not to exceed 60'-0" to the top of the parapet; the garage finished floor elevation
shall be elevation 28.69'; 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:
39. 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;
40. the project sponsor shall implement all appropriate control measures from the most currently
adopted air quality plan at the time of project construction;
41. the project sponsor shall ensure implementation of the following mitigation measures during
project construction, in accordance with BAAQMD standard mitigation requirements:
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.
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.
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.
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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.
42. 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. Recycle at least 50 percent of construction waste or demolition materials.
43. 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;
44. the apartment management shall post and update information on alternate modes of
transportation for the area (i.e. bus/shuttle schedules and stop locations, maps);
45. 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;
46. 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;
47. 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;
48. 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 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, until the young have fledged (left the nest), the nest is vacated, and there is no
evidence of second nesting attempts;
49. 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;
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50. 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.
51. 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;
52. 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.
53. 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.
54. 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
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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 consutt 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;
55. 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
56. 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.
All site improvements and construction work will require separate application to the Building Division.
This approval is valid for one year during which time a building permit must be issued. Generally, an
extension of up to two years may be considered by the Planning Commission if application is made
before the end of the first year, in accordance with the provisions of the Subdivision Map Act for a
Tentative Map.
The decision of the Council is a final administrative decision pursuant to Code of Civil Procedure Section
1094.6. If you wish to challenge the decision in a court of competent jurisdiction, you must do so within
90 days of the date of the decision unless a shorter time is required pursuant to state or federal law.
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Sincerely,
CDocuSigned by:
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26D6423C2EBB49F...
Kevin Gardiner, AICP
Community Development Director
Caleb Roope, The Pacific Companies
Chief Deputy Valuation, Assessor's Office
(LOTS 14 15 16 SELY 45 FT OF LOT 8 BLK 7 TOWN OF BURLINGAME MAP NO 1 RSM
2/87 & LOT 17 BLK 7 POLO FIELD SUB RSM 3/64; APN: 029-224-270)
File
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