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HomeMy WebLinkAbout250 California Drive - Approval LetterDocuSign Enyelope ID: CAE80138-B9F0-4A30-A90G-BFIJBFD7C656A CITY OF BURLINGAME City Hall — 501 Primrose Road Burlingame, California 94010-3997 r��7 e`u �z �,� ry �,� rvr� COMMUNITY DEVELOPMENT DEPARTMENT Planning Division PH: (650) 558-7250 FAX: (650) 696-3790 May 7, 2020 Ryan Guibara 20 Hobart LLC 999 Baker Way, Suite 300 San Mateo, CA 94404 Re: 250 California Drive Dear Mr. Guibara, Since there was no appeal to or suspension by the City Council, the April 27, 2020, Planning Commission approval of your application for a One Year Extension of a previously approved application for Commercial Design Review and Conditional Use Permits for office use in a portion of the ground floor and building height became effective May 7, 2020. This application was for construction of a new, four-story mixed use office building (retail and office) at 250 California Drive, zoned CAR. The April 27, 2020, minutes of the Planning Commission state your application was approved with the following conditions: that the project shall be built as shown on the plans submitted to the Planning Division date stamped February 27, 2018, sheets A0.0.0 through A9.2.1, ALTA, C-4, L1.01 and L2.01; 2. that any changes to the size or envelope of building, which would include changing or adding exterior walls or parapet walls, shall require an amendment to this permit; 3. that any changes to building materials, exterior finishes, windows, architectural features, roof height or pitch, and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staffl; 4. that the maximum elevation at the top of the roof screen shall not exceed elevation 89.24', and that the maximum elevation at the top of the roof ridge shall not exceed elevation 85.22' for a maximum height of 55'-0", and that the top of each floor and final roof ridge and top of roof screen shall be surveyed and approved by the City Engineer as the framing proceeds and prior to final framing and roofing inspections. The main lobby finished floor shall be elevation 31.0'; the second floor finished floor shall be elevation 46.92'; the third floor finished floor shall be elevation 59.22', and the fourth floor finished floor shall be elevation 71.52'. 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; �: Register online to receive City of Burlingame e-mail updates at www.burlingame.org w� DocuSign Envelope ID: CAE80138-B9F0-4A30-A90C-BFDBFD7C656A May 7, 2020 250 California Drive Page 2 5. that the on-site parking spaces shall be used only for the tenants and visitors of the office and retail facilities on this site and shall not be leased or rented for storage of automobiles or goods either by individuals or businesses not on this site or by other businesses for off-site parking; 6. that prior to issuance of a building permit for the project, the applicant shall pay the parking in- lieu fee as calculated by the Planning Division based on the final number of parking spaces provided on-site, made payable to the City of Burlingame and submitted to the Planning Division; 7. that prior to issuance of a building permit for the project, the applicant shall pay the commercial linkage fee in the amount of $683,675.00, made payable to the City of Burlingame and submitted to the Planning Division; 8. that prior to issuance of a building permit for the project, the applicant shall pay the first half of the public facilities impact fee in the amount of $195,233.05, made payable to the City of Burlingame and submitted to the Planning Division; 9. that prior to scheduling the final framing inspection, the applicant shall pay the second half of the public facilities impact fee in the amount of $195,233.05, made payable to the City of Burlingame and submitted to the Planning Division; 10. 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; 11. that storage of construction materials and equipment on the street or in the public right-of-way without an encroachment permit shall be prohibited; 12. that the conditions of the Building Division's September 20, 2017 and July 13, 2017 memos, the Engineering Division's January 11, 2018, November 17, 2017, September 25, 2017 and July 28, 2017 memos, the Fire Division's October 4, 2017 and August 14, 2017 memos, the Parks Division's September 27, 2017 and July 25, 2017 memos, and the Stormwater Division's September 27, 2017 and July 20, 2017 memos shall be met; 13. 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; 14. 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; 15. 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; 16. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; ;;" Register online to receive City of Burlingame e-mail updates at www.burlingame.org �;��` DocuSign Envelope ID: CAE80138-69F0-4A30-A90C-BFUBFD7C656A May 7, 2020 250 California Drive Page 3 17. 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; THE FOLLOWING CONDITIONS SHALL BE MET DURING THE BUILDING INSPECTION PROCESS PRIOR TO THE INSPECTIONS NOTED IN EACH CONDITION: 18. that prior to scheduling the foundation inspection, a licensed surveyor shall locate the property corners, set the building footprint and certify the first floor elevation of the new structure(s) based on the elevation at the top of the form boards per the approved plans; this survey shall be accepted by the City Engineer; 19. that prior to scheduling the framing inspection the project architect or residential designer, or another architect or residential design professional, shall provide an architectural certification that the architectural details shown in the approved design which should be evident at framing, such as window locations and bays, are built as shown on the approved plans; architectural certification documenting framing compliance with approved design shall be submitted to the Building Division before the final framing inspection shall be scheduled; 20. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Division; and 21. that prior to final inspection, Planning Division staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans. THE FOLLOWING CONDITIONS OF APPROVAL ARE FROM DOWNTOWN SPECIFIC PLAN: 22. 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 of Public Works prior to receiving a building permit; 23. the project sponsor shall implement all appropriate control measures from the most currently adopted air quality plan at the time of project construction; 24. 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. �� Register online to receive City of Burlingame e-mail updates at www.burlingame.org �� DocuSign Envelope ID: CAE80138-B9F0-4A30-A90C-BFDBFD7C656A May 7, 2020 250 California Drive Page 4 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. 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. 25. 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. 26. 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; 27. that employers shall post and update information on alternate modes of transportation for the area (i.e. bus/shuttle schedules and stop locations, maps); 28. 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; 29. 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; 30. the project sponsor shall incorporate commercial water efficiency measures such that water consumption is decreased by a minimum of 10 percent over current standard water demand factors; �`� Register online to receive City of Burlingame e-mail updates at www.burlingame.org �� DocuSign Envelope ID: CAE80138-69F0-4A30-A90C-BFDBFD7C656A May 7, 2020 250 California Drive Page 5 31. that construction shall avoid the March 15 through August 31 avian nesting period to the extent feasible. 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; 32. 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; 33. that 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. 34. 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; �.�� Register online to receive City of Burlingame e-mail updates at www.burlingame.org �� DocuSign Envelope ID: CAE80138-69F0-4A30-A90C-BFDBFD7C656A May 7, 2020 250 California Drive Page 6 35. 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. 36. 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. 37. 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; 38. 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 ����: Register online to receive City of Burlingame e-mail updates at www.burlingame.org �� DocuSign Envelope ID: CAE80138-89F0-4A30-A90C-BFDBFD7C656A May 7, 2020 250 California Drive Page 7 39. 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 Department. This approval requires that a building permit be issued no later than March 23, 2021. An extension of up to one year may be considered by the Planning Commission if application is made before the end of the first year. The decision of the Council is a final administrative decision pursuant to Code of Civil Procedure Section 1094.6. If you wish to challenge the decision in a court of competent jurisdiction, you must do so within 90 days of the date of the decision unless a shorter time is required pursuant to state or federal law. Sincerely, DocuSigned by: C�V4� Ll���l:.�.� 28D8423C2E8B49F.-. Kevin Gardiner Community Development Director c. Chief Deputy Valuation, Assessor's Office (87.25 FT ON SOUTH LANE X 107 FT ON CALIFORNIA DR PTN OF BLOCK 16 TOWN OF BURLINGAME MAP NO 1 RSM 2/87 CITY OF BURLINGAME; APN: 029-213-010) File �� Register online to receive City of Burlingame e-mail updates at www.burlingame.org �':