HomeMy WebLinkAbout619-625 California Drive - Approval LetterCITY OF BURLINGAME
City Hall — 501 Primrose Road
Burlingame, California 94010-3997
October 24, 2018
Ellis A. Schoichet
EASA Architecture
307 South B Street #12
San Mateo, CA 94401
Re: 619-625 California Drive
Dear Mr. Schoichet,
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HURLINGAME
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- .,�.'r
COMMUNtTY DEVELOPMENT DEPARTMENT
Planning Division
PH: (650) 558-7250
FAX: (650) 696-3790
Since there was no appeal to or suspension by the City Council, the September 24, 2018, Planning
Commission approval of your application for Mitigated Negative Declaration, Commercial Design
Review, Conditional Use Permit for building height, Condominium Permit and Lot Merger became
effective October 4, 2018. This application was for construction of a new four-story, 26-unit live/work
development with retail commercial space on the ground floor at 619-625 California Drive, zoned C-2,
North California Drive Commercial District.
The September 24, 2018 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 September 18, 2018, sheets A0.1 through A9, L1 through L3, C-1, C-2, and RC1.1
through RC5.1;
2. that prior to issuance of a building permit, the applicant shall submit an FYI for Planning
Commission review to address the following items: 1) refine the exterior color palette by working
in some warmth and depth; 2) revisit the size of the roof terraces, particularly those at the rear of
the building facing the adjacent neighbor; and 3) revisit the articulation of the stairvvell at the
corner of the building, including adding glazing to soften the stairwell;
3. that prior to issuance of a building permit for construction of the project, the project construction
plans shall be modified to include a cover sheet listing all conditions of approval adopted by the
Planning Commission, or City Council on appeal; which shall remain a part of all sets of
approved plans throughout the construction process. Compliance with all conditions of approval
is required; the conditions of approval shall not be modified or changed without the approval of
the Planning Commission, or City Council on appeal;
4. that any changes to the siie 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�;
5. that the maximum elevation at the top of the roof ridge shall not exceed elevation 53'-5'/2 as
measured from the average elevation at the top of the curb for a maximum height of 53'-83/8', and
that the top of each floor and final roof ridge shall be surveyed and approved by the City
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Engineer as the framing proceeds and prior to final framing and roofing inspections. Should any
framing exceed the stated elevation at any point it shall be removed or adjusted so that the final
height of the structure with roof shall not exceed the maximum height shown on the approved
plans;
6. that 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 $59,325.20, made payable to the City of
Burlingame and submitted to the Planning Division;
7. 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 $59,325.20, made payable to the City of Burlingame
and submitted to the Planning Division;
8. that the final inspection shall be completed and a certificate of occupancy issued before the close
of escrow on the sale of each unit;
9. 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;
10. that the trash receptacles, furnaces, and water heaters shall be shown in a legal compartment
outside the required parking and landscaping and in conformance with zoning and California
Building and Fire Code requirements before a building permit is issued;
11. that Klaus MultiBase 2072 stacker system, or equivalent parking lifts, 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 in each garage 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.
12. Construction Management Plan: 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, tra�c and parking congestion during construction:
a. 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;
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b. 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;
c. Notification procedures for adjacent property owners and public safety personnel regarding
when major deliveries, detours, and lane closures would occur;
d. 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.;
e. 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; 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.
13. that during construction, the applicant shall provide fencing (with a fabric screen or mesh) around
the project site to ensure that all construction equipment, materials and debris is kept on site;
14. that storage of construction materials and equipment on the street or in the public right-of-way
shall be prohibited;
15. that 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;
16. that all runoff created during construction and future discharge from the site shall be required to
meet National Pollution Discharge Elimination System (NPDES) standards;
17. 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 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;
18. 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;
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19. that methods and procedures such as sediment basins or traps, silt fences, straw bale dikes,
storm drain inlet protection such as soil blanket or mats, and covers for soil stock piles to
stabilize denuded areas shall be installed to maintain temporary erosion controls and sediment
control continuously until permanent erosion controls have been established;
20. 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;
21. 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;
22. 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;
23. that the applicant shall obtain a Tree Work Permit from the Parks Division for removal of the
existing red oak street tree along Oak Grove Avenue;
24, that the applicant shall coordinate with the City of Burlingame Parks Division regarding the
replacement of the two existing street trees along California Drive with two new London Plan
street trees and the replacement of the existing red oak tree with a new red oak tree along Oak
Grove Avenue;
25. 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;
26. 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;
27. that demolition or removal of the existing structures and any grading or earth moving on the site
shall not occur untit 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;
28. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water
Management and Discharge Control Ordinance;
29. that the project shall be required to comply with all the standards of the California Building and
Fire Codes, in effect at time of building permit issuance, as amended by the City of Burlingame;
30. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance;
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The following four (4) conditions shall be met during the Building Inspection process prior to the
inspections noted in each condition:
31. 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;
32. 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;
33. 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;
34. 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 the Downtown Specific Plan:
35. 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;
36. the project sponsor shall implement all appropriate control measures from the most currently
adopted air quality plan at the time of project construction;
37. 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.
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e. All roadways, driveways, sidewatks to be paved shall be compieted as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders
are used.
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.
38. the project sponsor shall implement the following Greenhouse Gas reduction measures during
construction activities:
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.
Recycle at least 50 percent of construction waste or demolition materials.
39. the project sponsor shall provide adequate secure bicycle parking in the plan area at a minim�m
ratio of 1 bicycle spot for every 20 vehicle spots;
40. that employers shall post and update information on alternate modes of transportation for the
area (i.e. bus/shuttle schedules and stop locations, maps);
41. 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;
42. 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;
43. 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;
44. 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 we�l 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
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the young have fledged (left the nest), the nest is vacated, and there is no evidence of second
nesting attempts;
45. 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;
46. 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.
47. 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;
48. 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.
49. 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:
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that prior to issuance of a buiiding 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.
50. 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;
51. 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
52. 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.
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Mitigation Measures from Environmental Impact Report:
Air Quality
53. MM AIR-1: During construction activities, the following air pollution control measures shall be
implemented:
• Exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
• All visible mud or dirt track-out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day. The use of dry power sweeping is
prohibited.
• All roadways, driveways, and sidewalks shall be paved as soon as possible.
• Idling times shall be minimized either by shutting equipment off 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 California Code of Regulations [CCRj). Clear signage
shall be provided for construction workers at all access points.
• All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified visible
emissions evaluator.
• A publicly visible sign shall be posted with the telephone number and person to contact at
the City regarding dust complaints. This person shall respond and take corrective action
within 48 hours of a complaint or issue notification. The BAAQMD's phone number shall
also be visible to ensure compliance with applicable regulations.
54. MM AIR-2: The developer or Project Applicant shall ensure all off-road construction equipment in
excess of 50 horsepower used on-site by the developer or contractors is equipped with engines
meeting the EPA Tier IV off-road engine emission standards. The construction contractor shall
maintain a log of equipment use at the construction site with make, model, serial number, and
certification level of each piece of construction equipment that will be avaitable for review by City
building inspection staff.
Biological Resources
55. MM BIO-1: Migratory Birds and Nesting Raptors
If construction or tree removal is proposed during the breeding/nesting season for local avian
species (typically March 1 through August 31), a focused survey for active nests of raptors
and migratory birds within and in the vicinity of (no less than 250 feet outside the project
boundaries, where possible) the project site shall be conducted by a qualified biologist. One
survey will be conducted 30 days prior to tree removal or construction activities. If no active
nests are found, tree removal or construction activities may proceed.
2. If an active nest is located during pre-construction surveys, the United States Fish and
Wildlife Service and/or the California Department of Fish and Wildlife (as appropriate) shall
be notified regarding the status of the nest. Furthermore, construction activities shall be
restricted to avoid disturbance of the nest until it is abandoned or the biologist deems
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disturbance potential to be minimal. Restrictions may include establishment of exclusion
zones or alteration of the construction schedule.
56. MM BIO-2: Special-status Bat Species
To reduce construction related impacts to special-status bat species, a bat survey shall be
conducted between March 1 to July 31 by a qualified wildlife biologist within the year of
proposed construction start and prior to ground disturbance. If no bat roosts are detected,
then no further action is required. If a colony of bats is found roosting on-site, then the
following mitigation will be implemented to reduce the potential disturbance:
If a female or maternity colony of bats are found on the project site, a wildlife biologist through
coordination with CDFW shall determine what physical and timed buffer zones shall be
employed to ensure the continued success of the colony. Such buffer zones may include a
construction-free barrier of 200 feet from the roost and/or the timing of the construction
activities outside the maternity roost season (after July 31 and before March 1).
Cultural and Tribal Cultural Resources
57. MM CUL-1: In the event a potentially significant cultural resource is encountered during
subsurface earthwork activities, all construction activities within a 100-foot radius of the find shall
cease and workers should avoid altering the materials until an archaeologist who meets the
Secretary of Interior's Professional Qualification Standards for archaeology has evaluated the
resource. The Applicant shall include a standard inadvertent discovery clause in every
construction contract to inform contractors of this requirement. The resource shall be recorded
on appropriate Department of Parks and Recreation (DPR) forms and evaluated for significance
in terms of CEQA criteria by the qualified archaeologist. If the resource is determined significant
under CEQA, the qualified archaeologist shall prepare and implement a research design and
archaeological data recovery plan that will capture those categories of data for which the site is
significant in accordance with Section 15064.5 of the CEQA Guidelines. The archaeologist shall
also perform appropriate technical analyses, prepare a comprehensive report complete with
methods, results, and recommendations, and provide for the permanent curation of the
recovered resources. The report shall be submitted to the City of Burlingame, the Northwest
Information Center, and the State Historic Preservation Office (SHPO), as required.
58. MM CUL-2: In the event that fossils or fossil-bearing deposits are discovered during construction
activities, excavations within a 100-foot radius of the find shall be temporarily halted or diverted.
The project contractor shall notify a qualified paleontologist to examine the discovery. The
applicant shall include a standard inadvertent discovery clause in every construction contract to
inform contractors of this requirement. The paleontologist shall document the discovery as
needed in accordance with Society of Ve�tebrate Paleontology standards and assess the
significance of the find under the criteria set forth in CEQA Guidelines Section 15064.5. The
paleontologist shall notify the appropriate agencies to determine procedures that would be
followed before construction activities are allowed to resume at the location of the find. If the
Applicant determines that avoidance is not feasible, the paleontologist shall prepare an
excavation plan for mitigating the effect of construction activities on the discovery. The plan shall
be submitted to the City of Burlingame for review and approval prior to implementation, and the
Applicant shall adhere to the recommendations in the plan.
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59. MM CUL-3: In the event of the accidental discovery or recognition of any human remains, CEQA
Guidelines Section 15064.5, Health and Safety Code Section 7050.5, and Public Resources
Code Sections 5097.94 and Section 5097.98 must be followed. If during the course of project
development there is accidental discovery or recognition of any human remains, the following
steps shall be taken:
There shall be no further excavation or disturbance within 100 feet of the remains until the
County Coroner is contacted to determine if the remains are Native American and if an
investigation of the cause of death is required. If the coroner determines the remains to be
Native American, the coroner shall contact the Native American Heritage Commission
(NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be
the most likely descendant (MLD) of the deceased Native American. The MLD may make
recommendations to the landowner or the person responsible for the excavation work within
48 hours, for means of treating or disposing of, with appropriate dignity, the human remains
and any associated grave goods as provided in Public Resources Code Section 5097.98.
2. Where the following conditions occur, the landowner or his or her authorized representative
shall rebury the Native American human remains and associated grave goods with
appropriate dignity either in accordance with the recommendations of the most likely
descendant or on the project site in a location not subject to further subsurface disturbance:
The NAHC is unable to identify a most likely descendent or the most likely
descendent failed to make a recommendation within 48 hours after being notified by
the commission.
The descendant identified fails to make a recommendation.
The landowner or his authorized representative rejects the recommendation of the
descendant, and mediation by the NAHC fails to provide measures acceptable to the
landowner.
Additionally, Califomia Public Resources Code Section 15064.5 requires the following relative to
Native American Remains:
When an initial study identifies the existence of, or the probable likelihood of, Native American
Remains within a project, a lead agency shall work with the appropriate Native Americans as
identified by the Native American Heritage Commission as provided in Public Resources Code
Section 5097.98. The applicant may develop a plan for treating or disposing of, with appropriate
dignity, the human remains and any items associated with Native American Burials with the
appropriate Native Americans as identified by the Native American Heritage Commission.
Geology and Soils
60. MM GEO-1: Prior to the issuance of a building permit and during the foundation phases of
construction, the project applicant shall follow the recommendations of the Geotechnical
Investigation, by retaining a qualified geotechnical consulting firm. Subsurface conditions may
vary from those encountered at the locations of borings during the Geotechnical Investigation.
The geotechnical firm retained by the project applicant shall review final engineer plans as well
as observe and test during the earthwork and foundation phases of construction. This would
ensure recommendations from the Geotechnical Investigation are properly incorporated into the
project plan and development.
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61. MM GEO-2: Prior to the issuance of a building permit, the project's plans shali reflect foundations
that extend deep enough to penetrate more stable soils. The project applicant shall follow the
recommendations of the Geotechnical Investigation, by ensuring the building be supported on
conventional spread footing foundation system bearing on stiff native soils or properly compacted
structural fill. All continuous footings shall have a width of at least 15 inches and shall extend at
least 30 inches below exterior grade or at least 24 inches below the bottom of concrete slabs-on-
grade, whichever is deeper. Footings Iocated adjacent to utility lines shall bear below a 1:1 plane
extending up from the bottom edge of the utility trench. Continuous foundations shall be
designed with sufficient depth and reinforcing to tolerate the estimated differential settlement.
The geotechnical consulting firm retained by the applicant shall observe all footing excavations
prior to the placement of reinforcing steel to confirm that suitable material has been exposed and
properly cleaned. If soft or loose soil is encountered in the foundation excavations, the
geotechnical consulting firm may require overexcavation and/or compactive effort or a deeper
footing depth below the reinforcing steel is placed.
Alternative to the spread footing foundation described above, the building may be supported on a
reinforced concrete mat foundation bearing on a properly prepared and compacted soil
subgrade. The mat foundation shall have a thickened perimeter edge that extends at least eight
inches into the soil subgrade below the bottom of the mat or at least four inches below the base
of the capillary break rock section. This should improve edge stiffness, reduce the potential for
map slab dampness, and increase resistance to lateral loads imposed on the mat. The mat
foundation shall be reinforced to provide structural continuity and to permit spanning of local
irregularities. It shall be designed with sufficient depth and reinforcing to be able to tolerate the
estimated differential settlements. Prior to mat construction, the subgrade shall be proof-rolled to
provide a smooth firm surface for mat support. Where dampness of the mat would be
undesirable, a high quality membrane vapor barrier shall be installed.
62. MM GEO-3: Prior to the issuance of a building permit, the structural engineer shall cansult with
the membrane manufacturer for the coefficient of friction to be assumed for design. Lateral loads
may be resisted by base friction between the vapor barrier or damp proofing membrane shown
below the mat and the supporting subgrade and by passive soil pressure acting against the sides
of the mat foundations. Lateral resistance may be provided by passive soil pressure acting
against the sides of foundations cast neat in footing excavations or backfilled with compacted
structural fill. The upper foot of passive soil shall not be neglected where soil adjacent to the
footing or mat will be landscaped or subject to softening from rainfall and/or surface runoff.
63. MM GEO-4: Prior to the issuance of a building permit, the building foundations shall be designed
as recommended by the Geotechnical Investigation. The 30-year post-construction differential
settlement due to static loads is not expected to exceed 1 inch across the proposed building.
Less differential movement would be expected across a structural mat foundation. Additional
differential settlement may occur as a result of liquefaction and dynamic densification caused by
severe ground shaking during a major earthquake.
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October 24, 2018
619-625 California Drive
Page 13
Hydrology and Water Quality
64. MM HYD-1: The project applicant shall prepare and implement a stormwater pollution prevention
plan (SWPPP) for all construction activities at the project site. At a minimum, the SWPPP shall
include the following:
• A construction schedule that restricts use of heavy equipment for excavation and grading
activities to periods where no rain is forecasted during the wet season (October 1 thru April
30) to reduce erosion associated intense rainfall and surface runoff. The construction
schedule shall indicate a timeline for earthmoving activities and stabilization of disturbed
soils;
• Soil stabilization techniques such as covering stockpiles, hydroseeding, or short-term
biodegradable erosion control blankets;
• Silt fences, compost berms, wattles or some kind of sediment control measures at
downstream storm drain inlets;
• Good site management practices to address proper management of construction materials
and activities such as but not limited to cement, petroleum products, hazardous materials,
IitteNrubbish, and soil stockpile; and
• The post-construction inspection of all drainage facilities and clearing of drainage structures
of debris and sediment.
65. MM HYD-2: Prior to project approval, the project applicant shall prepare the appropriate
documents consistent with San Mateo Countywide Water Pollution Prevention Program
(SMCWPPP) and NPDES Provisions C.3 and C.6 requirements for post-construction treatment
and control of stormwater runoff from the site. Post-construction treatment measures must be
designed, installed, and hydraulically sized to treat a specified amount of runoff. Furthermore,
the project plan submittals shall identify the owner and maintenance party responsible for the
ongoing inspection and maintenance of the post-construction stormwater treatment measure in
perpetuity. A maintenance agreement or other maintenance assurance must be submitted and
approved by the City prior to the issuance of a final construction inspection.
Public Services
66. MM PS-1: The project Applicant would be responsible for paying all school impact fees at the time
of building permit issuance.
Transportation/Traffic
67. MM TRANS-1: In order to maintain adequate sight distance, on-street parking shall be prohibited
on Oak Grove Avenue between the project driveway and the western neighboring driveway.
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.
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October 24, 2018
619-625 California Drive
Page 14
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,
�~
Kevin Gardiner
Community Development Director
c. Ed 1005 Bm �Ic, property owner
414 Pinehill Road
Hillsborough, CA 94010
Chief Deputy Valuation, Assessor's Office
619 California Drive (LOT N BLOCK 6 BURLINGAME LAND CO MAP NO 2 RSM D/38; APN:
029-131-160)
621 California Drive (LOT M BLOCK 6 BURLINGAME LAND CO MAP NO 2 RSM D/38; APN:
029-131-150)
625 California Drive (LOT L BLOCK 6 BURLINGAME LAND CO MAP NO 2 RSM D/38; APN:
029-131-140)
File
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City of Burlingame
Meeting Minutes
Planning Commission
BURLINGAME CITY HALL
501 PRIMROSE ROAD
BURLINGAME, CA 94010
Monday, September 24, 2018
7:00 PM
Council Chambers
d. 619-625 California Drive, zoned C-2 (North California Drive Commercial District) -
Application for Mitigated Negative Declaration, Commercial Design Review, Conditional
Use Permit for building height, Condominium Permit, and Tentative Condominium Map
and Tentative Parcel Map for a new four-story, 26-Unit tive/work development with retail
commercial space on the ground floor. (Ellis A. Schoichet, AIA, applicant and architect;
Ed 1005 BM LLC, property owner) (239 noticed) Staff Contact: Ruben Hurin
All Commissioners had visited fhe project site. Commissioners Tse and Loftis met with the applicant.
Planning Manager Hurin provided an overview of the staff report.
• Page 4 of staff report indicates that the maximum building height allowed is 75 feet, is that correct?
(Hurin: No, the maximum height allowed rs 55 feet, will correct the staff report.)
• We don't have a breakdown of the public impact fees, but is the fee stated in the staff report correct?
(Hurin: Yes, it is correctly stated in the staff report.)
Chair Gaul opened the public hearing.
Ellis Schoichet, project architect, represented the applicant.
Commission Questions/Commenfs:
• What is the average unit size for the residential units? (Schoichet: Unit sizes vary between 900 and
1,100 square feet; average is approximafely 1,000 square feet.)
• Point out CERACLAD "Cannonball" siding on proposed building elevations and materials board.
(Schoichet: CERACLAD "Cannonball" is noted with a different keynote on plans. It is proposed to be
used on panels with a horizontal reveal.)
• Rendering is deceiving because it makes the building very grey and monotone.
• Concerned that the color disappeared and looks monochromatic. (Schoichet: There will be several
stucco colors and a palette of textures, from very smooth to slightly textured. Idea of using CERACLAD
fiber cement panels on fourth floor is to have it be fog like. Horizontal CERACLAD is intended to be in
more highly visible locations at the base and shaft of the building. Porcelain panels in a gray, stone
texture are proposed in and around storefronts on ground floor. Provided examples of similar palette of
materials on building in San Francisco.)
• What is happening with the glazing? (Schoichet� Want to have maximum glazing for light into the units
and also for the aesthetic of the building, but at same time don't want people on street looking up into the
units. So a spandrel panel, consisting of fritted glazing, would be used across the bottom of the windows .
Fritted glazing would also be used on some of the storefronts.)
• How deep are fourth floor private terraces? Specifically concerned with the terraces at the rear of the
building. At 12 feet wide by 47 and 49 feet long, they seem large. (Schoichet: Yes, they are large. With
all that roof space, it's what we've decided to do.)
• There is an 8.5 foot wide curb cut on California Drive. Is it just for trash removal? (Schoichet: Yes,
it's just for the dumpsters.)
• Is curb cut on California Drive reason for removal of the Magnolia street tree? (Schoichet This is a
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Planning Commission Meeting Minutes September 24, 2018
13-inch diameter tree and is not in very good shape. Curb cut would require removal of the tree.)
• Have you considered replacing it with another tree? (Schoichet: Believe there is another existing tree
next to it, so did not consider adding a new street tree.)
• Understand traffic study and traffic flow and am familiar with that intersection. Given that westbound
Oak Grove Avenue is one lane, am concerned about impacts from someone wanting to turn left into site
off Oak Grove Avenue. Has consideration been given to somefhing like painting "keep clear" in the
street, like you would see at an approach to a left hand turn? (Schoichet: Would like to leave it to the
experts, but my understanding is that the Public Works Department doesn't want to make a permanent
sign/marker in street.)
• Corner plaza area could turn into natural high school meeting spot before and after school for student
drop off and pick up; could increase amount of traffic at intersection. (Schoichet: Curb will be painted red
at corner to prevent vehicles from stopping there.)
• Red zone will be from project driveway to corner along Oak Grove Avenue? (Schoichet: Currently, red
zone starts at middle of proposed driveway and extends to the corner and wil! remain. Mitigation measure
from traffic report calls for a red zone from project driveway to west end of property to maximize visibility
from driveway and enhance safety of vehicles exiting the site.)
• Find balance by brown color shown in commercial space on rendering; compliments and offsets cool,
light colors on rest of building. Seems like there should be some counter balance to colors, consider
adding warmth to finishes. (Schoichet: Point is well taken.)
• Design has moved along nicely.
Public Comments:
• Danelle Renks: Longtime resident and live around the corner. What buildings are being demolished
and are they currently occupied? (Schoichet: Two houses on corner and existing auto shop will be
demolished. Corner building is being used as an office, there is a short ferm tenant in building behrnd it
and an automobile shop in the commercial building). Concerned that current occupants are being moved
out. Think this is a beautiful building, should use green building materials and greywater system to
irrigate landscaping. Concerned with traffic, Oak Grove Avenue is major thoroughfare to freeway, Carolan
Avenue, California Drive and high school. Would like to see construction vehicle parking moved to
Caltrain parking lot fo alleviate traffic jams.
• Sam Jones, Coffee Family Trust: Own apartment Building across street. Trying to reconcile results
of the traffic study, see backups of 10-15 cars all the time and area of proposed driveway constantly
blocked with cars. Perhaps studies were done when school was not in session, there is a lot of traffic
generated from parents dropping off and picking up kids. Intersecfion is a mess, traffic impacts are not
just during peak hours.
• Elma Kim: Lives in neighborhood, in support of project, important that there are live/work opportunities
provided, needed for entrepreneurs coming to this area. Trusting the Commissron and community to find
the right solution for the traffic. In morning, experience traffic along Oak Grove Avenue wanting to make a
left or right turn onto California Drive. Question veracity and honesty of traffic study. Vehicles will not be
able to turn left into the project site off Oak Grove Avenue due to vehicles driving towards California Drive .
There is a potential for traffic accidents because cars whip around onto Oak Grove Avenue assuming
there will be no hindrances. Would like to see ingress on California Drive. Don'f think there should be a
left hand turn from project driveway.
Chair Gaul closed the public hearing.
Commission Discussion:
• Concerned with traffrc impacfs in area, should be looked at a bit closer.
where ingress and egress fo the site was addressed. See vehicle backup
approaching California Drive all the fime.
• Green zone along California Drive for pick-up and delivery may or may
discussed with Public Works Department.
Didn't see in traffic study
on Oak Grove Avenue
not work, needs to be
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Planning Commission Meeting Minutes September 24, 2018
• With 26 live/work units and two commercial spaces, be/ieve there will be deliveries made every day
and am concerned there is no area provided for deliveries. A space for delivery vehicles is critical.
• Uber and Lyft may also have an impact on traffic.
• Is the transportation consultant selected by the applicant or City? (Hurin: After reviewing proposals
from environmental consultants, the City selects an environmental consultant who has a subconsultant
prepare the traffic analysis; the City, not the applicant, manages the environmental consultant.)
• Traffic studies often don't match a gut feeling one has about traffic will be impacted by a project.
When analyzing projects, need to use best analytical tools available.
• Like fhe direction the architecture has gone, this is a good looking building. The zoning is appropriate
for this kind of project in this area.
• Like idea of having retail here. Will tie in really nicely to retail node north of this site.
• Havrng a hard time with tlie corner location and how the architecture is treated. Most visible part of
this project is going to be what's visible from the corner of Oak Grove Avenue and California Drive.
• Downtown Specific Plan talks about corner locations as being important and having special
architectural requirements. Corne� is least architecturally rnviting part of the building.
• Like direction of architecture, it has an elegant, timeless quality. However, project still needs warmth,
needs to be studied further.
• Regarding traffic, we shouldn't ever rely on gut feel. We have to rely on engineering and calculations,
as required by CEQA. Need to analyze whether or not something rises to the level of impact that causes
any further mitigation relative to CEQA.
• Should look at tratfic controls in an out of the driveway, because of its specific location. Many of the
issues of the specific location are relative somewhat to peak periods.
• There is a real intensity in mornings because of the elementary school and high school in the area.
• Could ask Public Works to comment on whether or not there should be traffic controls at project
driveway.
• Overall good project and adds housing units in great location. We have an opportunity to create
housing in an area where we need it.
• Have better potential to serve our downtown area with housing in locations such as this.
• Have questions for traffic consultant if he is available.
Chair Gaul reopened the public hearing.
Gary Black, Hexagon Transportation Consultants, was present to answer questions.
• Can you explain how trips are analyzed for live/work developments? Are the morning trips eliminated
because residents are working from their units? (Black: Typically treat live/work units as saying that
those two factors offset each other, so in the traffic study they are treated as typical apartment units in
terms of trip generation.)
• That doesn't mean that you've eliminated people leaving to go to work. (Black: No, we haven't.)
• Just because this rs a live/work building, there is no guarantee that someone won't have a job
elsewhere. (Black: There may also be units that have more than one employed person living there.
Traffic study reflects people going to work in the morning.)
• So this trip generation has been accommodated in the traffic study and in the level of service analysis
that's done for fhe intersections nearby? (Black: Yes.)
• Has any consideration been given to left hand turns into site and blocking Oak Grove Avenue?
(Black: Yes, it was addressed in the traffic study on page 14. It discusses the average and maximum
queue length at the signal and whether that would extend back to the driveway to create the situation
where a vehicle wants to turn left into the site and the driveway is blocked. Traffic study concludes that it
would happen rarely and project doesn't generate that much traffic. The busiest time on Oak Grove
Avenue heading towards California Drive is in the moming when people are going to school. Generally,
residents from this project would be leaving the site in the morning, not coming in; they tend to come into
the site in the afternoon. There is not as much traffic on Oak Grove Avenue in the afternoon based on
our traffic counts. So the sifuation you're envisioning will be infrequent. The average queue length, even
in the morning, based on our observations and calculations, does not go back as far as the driveway.
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Planning Commission Meeting Minutes September 24, 2018
Sometimes, when the maximum queue is reached, it does go back to the driveway and past the driveway.
We also have to consider that if we're going to have a project, there needs to be a driveway somewhere,
and in our opinion the driveway is in the best location that you could put a driveway. lt's as far away from
California Drive as you can gef it; would not recommend a driveway on California Drive. Driveway confrols
are not necessary, don't see thaf there would be left turn conflicts on a regular basis.)
• When preparing a traffic study, you're not just using a book and applying the data to the real world,
you're actually taking counts, correct? (Black: Yes, we counted tratfic on Oak Grove Avenue and
California Drive. The am and pm peak hour counts are provided in the traffic study; also make
observations on how traffic operates during these times. The counts were done while school was in
session.)
• Traffic study as part of General Plan updated noted areas of concern. Was this intersection one of
those areas? (Hurin: Believe areas of concern included the intersection at Broadway and the Oak Grove
Avenue/Carolan Avenue intersection.)
Chair Gaul closed the public hearing.
Continued Discussion:
• Project has come a long way, no longer feels like a cartoon, feels like a real building now. Don't think
the colors are right yet. However, the materials are much more substantial. Renderings are not helping
because they're so stark.
• Materials can be fine-tuned, but that shouldn't stop the project from moving forward.
• Concerned about the large private terraces at rear of building facing the residentia! neighborhood .
Suggest that roof planters be added to reduce srze of usable area; should be substanfially reduced .
Could come back for review as an FYI if we move forward with project.
• Like where project is going, appreciate adding more trees in rear yard. Agree that terraces are too
large, concerned wifh noise from actrvity on terraces traveling fo neighbors, size of terraces need to be
reduced.
• Lrke design of building, the stepped back fourth floor and dip in roof, takes away from hard edges
around building.
• No matter what is built, traffic will be a problem for people living in area. City has changed over the
years, can't expect small projecfs to be built any longer at these locations.
• Unfortunate that at some points during the day traffic will be a problem, will be felt by people living in
area, but reality is that someone living in a house at that corner is gone.
• Live/work in Burlingame is still an experiment, but this building in ifs high traffic location is proper
place to try live/work to see rf it will be successful. Think project will be successful.
• Concerned with stairwell design at corner, is tallest part of building and is stark and blank. Would
like design of stairwell to be looked at again.
• Should look at Section 5.2.5.7 of the Downtown Specific Plan regarding fa�ade treafinents on corner
parcels.
Commissioner Terrones made a motion, seconded by Commissioner Comaroto, to approve the
application with the following condition:
• that prior to issuance of a building permit, the applicant shall submit an FYI for Planning
Commission review to address the following items: 1) refine the exterior color palette by working
in some warmth and depth; 2) revisit the size of the roof terraces, particularly those at the rear of
the building facing the adjacent neighbor; and 3) revisit the articulation of the stairwell at the
corner of the building, including adding glazing to soften the stairwell.
Commission discussion:
• Broad to say study articulation on the corner, can we say anything more specific? Perhaps
introducing glazing to soften the stairwell, reduce its apparent size and be more interesting.
Would not be as solid and would see more life in that corner.
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Planning Commission Meeting Minutes September 24, 2018
• Proposed ground level treatment at corner is significant, this is what most people will see.
Pedestrians will experience seating, trees and vegetation. Treatment of stairwell at corner with
the vegetation could be very nice.
• Not in support of motion, feel that approval is premature given concerns with the design of
the stairwell at the corner, merits more consideration by the applicant.
• FYI can be brought back for further discussion. Have seen project several times and
applicant has made significant improvements, need to move on and take action.
The motion carried by the following vote:
Aye: 6- Loftis, Kelly, Comaroto, Gaul, Terrones, and Tse
Nay: 1 - Sargent
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