HomeMy WebLinkAboutReso - CC - 126-2020DocuSign Envelope ID: B93F7FD7-E5D0-43E9-BEA2-04F9F5D1A76C
RESOLUTION NO. 126-2020
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING
APPLICATIONS FOR DESIGN REVIEW, CONDITIONAL USE PERMIT, CONDOMINIUM
PERMIT AND LOT COMBINATION FOR A NEW THREE-STORY, 14-UNIT MIXED USE
COMMERCIAL/RESIDENTIAL DEVELOPMENT AT 1214-1220 DONNELLY AVENUE
(ASSESSOR PARCEL NOS: 029-151-150, 029-151-160 AND 029-151-170)
THE CITY COUNCIL OF THE CITY OF BURLINGAME hereby finds as follows:
WHEREAS, on May 16, 2016, John Britton filed an application with the City of Burlingame
Community Development Department — Planning Division requesting approval of the following
requests:
■ Amendment to the Downtown Specific Plan (Donnelly Avenue Area) and Donnelly
Avenue Commercial (DAC) District to allow residential use above the first floor on
properties located north of Donnelly Avenue that have sole frontage on Donnelly
Avenue;
■ Design Review for construction of a new three-story, mixed use commercial/residential
building with at -grade parking (C.S. 25.36.045, 25.57.010 (c)(1) and Chapter 5 of the
Downtown Specific Plan);
■ Conditional Use Permit for building height (43'-10" to top of parapet and 54'-3" to top
of stairway enclosure proposed, where a Conditional Use Permit is required for any
building exceed 35'-0"; 55-0" maximum building height allowed) (C.S. 25.36.055);
■ Condominium Permit for 14 residential condominium units (each unit to be privately
owned) (C.S. 26.30.020); and
■ Lot Merger to combine three existing lots (1214, 1218 and 1220 Donnelly Avenue) into
one lot; and
WHEREAS, on October 9, 2018, the Planning Commission conducted a duly noticed
public hearing (environmental scoping session and design review study meeting) to review a 14-
unit mixed use commercial/residential development and to identify subjects to be analyzed in the
project Initial Study/Mitigated Negative Declaration (IS/MND). At that time direction was provided
to the applicant regarding issues to be addressed in the project IS/MND; and
WHEREAS, on October 28, 2019, the Planning Commission conducted a duly noticed
public hearing (design review study meeting) to review changes made to the project in response
to the Planning Commission's direction and comments previously provided to the applicant; and
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RESOLUTION NO. 126-2020
WHEREAS, an IS/MND was prepared to analyze project impacts; said IS/MND was
circulated for public review and comment commencing on May 15, 2020 and concluding on June
15, 2020; and
WHEREAS, on August 10, 2020, the Planning Commission conducted a duly noticed
public hearing and voted 6-0-0-1 to recommend approval of the applicant's requests for Design
Review, Conditional Use Permit, Condominium Permit, and Lot Combination; and
WHEREAS, on September 21, 2020, the City Council conducted a duly noticed public
hearing to consider all project entitlements, at which time it reviewed and considered the staff
report and all other written materials and oral testimony presented at said hearing; and
WHEREAS, as a result of the oral and written testimony presented at the September 21,
2020 public hearing, as well as the analysis in the staff report, the City Council hereby makes the
following findings relative to each aspect of the project application:
Design Review Findings:
■ That the project is consistent with the diverse architectural styles of existing residential
and commercial buildings in the area characterized by simple massing, an articulated
fagade with windows, entry doors and awnings on the ground floor, and articulated walls
and fenestration on the upper floors, including covered balconies, substantial recesses
and varied architectural features throughout the building; the project mediates between
existing buildings in the area ranging from one to three stories in height and a six -story
office building at the corner of Donnelly Avenue and Primrose Road, is well articulated,
and embraces the street and the pedestrian realm;
■ That the architectural style is compatible with adjacent neighborhoods and the City as a
whole, and that human scale is provided at the street level by incorporating several entry
elements and canvas awnings along the front of the building, and on the upper levels
individual balconies provide residential scale and character;
■ That parking for the project does not dominate the street frontage because the garage
has been located behind the ground floor building fagade with one driveway access to
the garage measuring 18 feet in width, or 12.2% of the frontage along Primrose Road;
■ That the building is characterized by a single contemporary architectural style and its
design fits the site and is compatible with the surrounding development by exhibiting
thoughtful massing, character and pedestrian scale, and successfully creates a good
transition between the existing commercial neighborhood and the residential
neighborhood to the north with well -articulated massing and a variety of architectural
elements, textures and colors;
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■ That the building is compatible with the mass, bulk, scale, and existing materials of
existing development in that the exterior building materials include cement plaster siding
(smooth steel troweled finish), Hardie "Reveal" panel system and trim (along blind wall
on east elevation), smooth lap siding and exposed concrete or concrete block at the
blind walls, decorative metal guardrails, decorative foam relief panels, and metal clad
wood windows with simulated true divided lites on the upper floor residential units;
aluminum window sashes, painted wood entry doors, canvas awnings and a painted
metal garage door on the ground floor; and varying architectural elements, including
Spanish barrel clay roof tiles with foam eave brackets/corbels, a wood trellis along the
front fagade, and articulated parapets with ornamental metal trim along the upper portion
of the building; and
■ That site features such as low stucco walls and entry gates, a variety of landscaping and
hardscape along the front of the building, and pedestrian circulation will enrich the
existing opportunities of the commercial neighborhood.
Conditional Use Permit Findings
■ That the proposed three-story building, measuring 43'-10" to the top of the building
parapet and 54'-Y to the top of the stairway enclosure, at the proposed location, will not
be detrimental or injurious to property or improvements in the vicinity and will not be
detrimental to the public health, safety, general welfare or convenience, since it is well
articulated with substantial recesses and will be compatible with buildings in the area
that are one to six stories in height;
■ That the proposed mixed use commercial/residential use will be located and conducted
in a manner in accord with the Burlingame general plan and the purposes of this title;
and
■ That reasonable conditions are proposed to assure operation of the use in a manner
compatible with the aesthetics, mass, bulk and character of existing and potential uses
on adjoining properties in the general vicinity.
Condominium Permit Findings:
■ That the 14-unit mixed use commercial/residential development is compatible with the
surrounding development by exhibiting thoughtful massing, character and pedestrian
scale, and successfully creates a good transition between the existing commercial
buildings in the neighborhood and the residential neighborhood to the north, and will not
have a significant impact on public health, safety and general welfare;
■ That based on the environmental analysis, it was determined that the proposed project
would have no adverse environmental impacts (with mitigations for utilities) on schools,
parks, utilities, neighborhoods, streets, traffic, parking and other community facilities and
resources; and
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• That this application incudes a request for Amendment to the Downtown Specific Plan
(Donnelly Avenue Area) to allow residential use above the first floor.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BURLINGAME THAT the applications for Design Review, Conditional Use Permit, Condominium
Permit and Lot Combination are hereby granted, subject to the following conditions:
1. that the project shall be built as shown on the plans submitted to the Planning Division
date stamped July 9, 2020, sheets A0.0 through A4.3, C-1 through C-3 and 1-1.1 through
L2.2;
2. that prior to issuance of a building permit for construction of the project, the project
construction plans shall be modified to include a cover sheet listing all conditions of
approval adopted by the Planning Commission, or City Council on appeal; which shall
remain a part of all sets of approved plans throughout the construction process.
Compliance with all conditions of approval is required; the conditions of approval shall not
be modified or changed without the approval of the Planning Commission, or City Council
on appeal;
3. that prior to issuance of a building permit, the applicant shall apply for a tentative and final
condominium map with the Public Works, Engineering Division for processing in
conformance with the Subdivision Map Act;
4. that 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 staff);
5. that the final inspection shall be completed and a certificate of occupancy issued before
the close of escrow on the sale of each unit;
6. 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;
7. that a Klaus TrendVario 4200 parking lift system, or an equivalent parking lift system, shall
be installed, with the following conditions:
a. the parking lifts shall be properly illuminated to provide safety for easy loading and
unloading, while not causing excessive glare.
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b. signage shall be installed explaining the proper use of the lifts and emergency
contact information for lift maintenance or problems.
C. the final design of the parking lifts shall be subject to the review and approval of
the Community Development Director.
8. that if the City determines that the structure interferes with City communications in the
City, the property owner shall permit public safety communications equipment and a
wireless access point for City communications to be located on the structure in a location
to be agreed upon by the City and the property owner. The applicant shall provide an
electrical supply source for use by the equipment. The applicant shall permit authorized
representatives of the City to gain access to the equipment location for purposes of
installation, maintenance, adjustment, and repair upon reasonable notice to the property
owner or owner's successor in interest. This access and location agreement shall be
recorded in terms that convey the intent and meaning of this condition;
9. that all construction shall abide by the construction hours established in the Municipal
Code;
10. that the project applicant and its construction contractor(s) shall develop a construction
management plan for review and approval by the City of Burlingame. The plan must
include at least the following items and requirements to reduce, to the maximum extent
feasible, traffic and parking congestion during construction:
a. A construction parking plan to provide worker parking off site and generally off
neighborhood streets, with shuttles or other transportation as needed to transport
workers to the site;
b. A set of comprehensive traffic control measures, including scheduling of major truck
trips and deliveries to avoid peak traffic hours, detour signs if required, lane closure
procedures, signs, cones for drivers, and designated construction access routes;
C. Identification of haul routes for movement of construction vehicles that would
minimize impacts on motor vehicular, bicycle and pedestrian traffic, circulation and
safety, and specifically to minimize impacts to the greatest extent possible on streets
in the project area;
d. Notification procedures for adjacent property owners and public safety personnel
regarding when major deliveries, detours, and lane closures would occur;
e. Provisions for monitoring surface streets used for haul routes so that any damage
and debris attributable to the haul trucks can be identified and corrected by the
project applicant; and
f. Designation of a readily available contact person for construction activities who
would be responsible for responding to any local complaints regarding traffic or
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parking. This coordinator would determine the cause of the complaint and, where
necessary, would implement reasonable measures to correct the problem.
11. 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;
12. that the applicant shall submit a Construction Noise Control Plan. This plan would include
measures such as:
■ Using smaller equipment with lower horsepower or reducing the hourly utilization
rate of equipment used on the site to reduce noise levels at 50 feet to the allowable
level.
■ Locating construction equipment as far as feasible from noise -sensitive uses.
■ Requiring that all construction equipment powered by gasoline or diesel engines
have sound control devices that are at least as effective as those originally
provided by the manufacturer and that all equipment be operated and maintained
to minimize noise generation.
■ Prohibiting gasoline or diesel engines from having unmuffled exhaust systems.
■ Not idling inactive construction equipment for prolonged periods (i.e., more than
5 minutes).
■ Constructing a solid plywood barrier around the construction site and adjacent to
operational businesses, residences, or other noise -sensitive land uses.
■ Using temporary noise control blanket barriers.
■ Monitoring the effectiveness of noise attenuation measures by taking noise
measurements.
■ Using "quiet" gasoline -powered compressors or electrically powered compressors
and electric rather than gasoline- or diesel -powered forklifts for small lifting.
13. 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;
14. 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;
15. that storage of construction materials and equipment on the street or in the public right-of-
way shall be prohibited;
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16. 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;
17. 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;
18. 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;
19. 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;
20. 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;
21. that the applicant shall coordinate with the City of Burlingame Parks Division regarding the
planting of five (5) street trees along Donnelly Avenue;
22. 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;
23. 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;
24. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water
Management and Discharge Control Ordinance;
25. that the project shall meet all the requirements of the California Building and Uniform Fire
Codes, as amended by the City of Burlingame;
26. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance;
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The following conditions shall be met during the Building Inspection process prior to the
inspections noted in each condition:
27. that prior to scheduling the foundation inspection a licensed surveyor shall locate the
property corners, set the building envelope;
28. 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;
29. 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;
30. 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;
31. that the maximum elevation to the top roof parapet shall not exceed elevation 143.90', as
measured from the average elevation at the top of the curb along Donnelly Avenue
(100.34') for a maximum height not to exceed 43'-10" to the top of the parapet; the garage
finished floor elevation shall be elevation 100.34'; 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:
32. the project sponsor shall implement all appropriate control measures from the most
currently adopted air quality plan at the time of project construction;
33. 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.
34. 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;
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35. the condominium management shall post and update information on alternate modes of
transportation for the area (i.e. bus/shuttle schedules and stop locations, maps);
36. 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;
37. 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;
38. 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;
39. 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;
40. 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;
41. 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.
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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.
42. 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;
43. 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.
44. 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.
45. 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.
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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;
46. 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
47. 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.
Mitigation Measures from Initial Study
Aesthetics
48. The project developer shall install low -profile, low -intensity lighting directed downward to
minimize light and glare. Exterior lighting shall be low mounted, downward casting, and
shielded. In general, the light footprint shall not extend beyond the periphery the property.
Implementation of exterior lighting fixtures on all buildings shall also comply with the
standard California Building Code (Title 24, Building Energy Efficiency Standards) to
reduce the lateral spreading of light to surrounding uses, consistent with City Municipal
Code 18.16.030 that requires that all new exterior lighting for residential developments be
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designed and located so that the cone of light and/or glare from the light element is kept
entirely on the property or below the top of any fence, edge or wall. In addition, lighting
fixtures would not be located more than nine feet above adjacent grade or required
landing; walls or portions of walls would not be floodlit; and only shielded light fixtures
which focus light downward would be used, except for illuminated street numbers required
by the fire department.
Air Quality
49. During any construction period ground disturbance, the applicant shall ensure that the
project contractor implement measures to control dust and exhaust. Implementation of
the measures recommended by BAAQMD and listed below would reduce the air quality
impacts associated with grading and new construction to a less -than -significant level.
Additional measures are identified to reduce construction equipment exhaust emissions.
The contractor shall implement the following BMPs that are required of all projects:
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.
b. All haul trucks transporting soil, sand, or other loose material off -site shall be
covered.
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 power
sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).
e. All roadways, driveways, and 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 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.
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.
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50. The project shall develop a plan demonstrating that the off -road equipment used on site
to construct the project would achieve a fleet -wide average 20- percent reduction in DPM
exhaust emissions or greater. One feasible plan to achieve this reduction would include
the following:
a. All diesel -powered off -road equipment, larger than 25 horsepower, operating on the
site for more than two days continuously shall, at a minimum, meet U.S. EPA
particulate matter emissions standards for Tier 3 engines that include CARB-
certified Level 3 Diesel Particulate Filters (DPF)12 or equivalent. Alternatively,
equipment that meets U. S. EPA Tier 4 standards for particulate matter or the use of
equipment that includes electric or alternatively -fueled equipment (i.e., non- diesel)
would meet this requirement.
Biological Resources
51. Activities related to the project, including, but not limited to, vegetation removal, ground
disturbance, and construction and demolition shall occur outside of the bird breeding
season (February 1 through August 31) if feasible. If construction will commence during
the breeding season, then a pre -construction nesting bird survey shall be conducted no
more than 7 days prior to initiation of ground disturbance and vegetation removal. The
nesting bird pre -construction survey shall be conducted within the disturbance footprint
and a 300-foot buffer for raptors and 150-foot buffer for passerines where access can be
authorized. The survey shall be conducted by a biologist familiar with the identification of
avian species known to occur in San Mateo County.
If nests are found, an avoidance buffer (which is dependent upon the species, the
proposed work activity, and existing disturbances associated with land uses outside of the
site) shall be determined and demarcated by the biologist with bright orange construction
fencing, flagging, construction lathe, or other means to mark the boundary. All construction
personnel shall be notified as to the existence of the buffer zone and to avoid entering the
buffer zone during the nesting season. No ground disturbing activities shall occur within
this buffer until the avian biologist has confirmed that breeding/nesting is completed, and
the young have fledged the nest. Encroachment into the buffer shall occur only at the
discretion of the qualified biologist.
Cultural Resources
52. In the event Native American or other archaeological resources are encountered during
construction, work shall be halted within 100 feet of the discovered materials and workers
shall avoid altering the materials and their context until a qualified professional
archaeologist has evaluated the situation and provided appropriate recommendations.
If an archaeological site is encountered in any stage of development, a qualified
archeologist will be consulted to determine whether the resource qualifies as an historical
resource or a unique archaeological resource. In the event that it does qualify, the
archaeologist will prepare a research design and archaeological data recovery plan to be
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implemented prior to or during site construction. The archaeologist shall also prepare a
written report of the finding, file it with the appropriate agency, and arrange for curation of
recovered materials.
53. In the event that human remains are discovered during project construction, there shall be
no further excavation or disturbance of the site or any nearby area reasonably suspected
to overlie adjacent human remains. The county coroner shall be informed to evaluate the
nature of the remains. If the remains are determined to be of Native American origin, the
Lead Agency shall work with the Native American Heritage Commission and the applicant
to develop an agreement for treating or disposing of the human remains.
Geology and Soils
54. Project design and construction shall adhere to Title 18, Chapter 18.28 of the City
Municipal Code, and demonstrate compliance with all design standards applicable to the
California Building Code Zone 4 would ensure maximum practicable protection available
to users of the buildings and associated infrastructure.
55. Foundations of the project will be reinforced to tolerate differential soil movement. The
project may be supported on a reinforced concrete mat foundation bearing on a properly
prepared and compacted soil subgrade and a non -expansive fill section. Alternately, the
project may be supported on a conventional spread footing foundation bearing on stiff
native soils. Implementation of a reinforced foundation would reduce the potential for
damage caused by liquefaction.
56. Project design and construction, including excavation activities, shall comply with Chapter
33 of the CBC, which specifies the safety requirement to be fulfilled for site work. This
would include prevention of subsidence and pavement or foundations caused by
dewatering.
57. The applicant shall prepare a monitoring program to determine the effects of construction
on nearby improvements, including the monitoring of cracking and vertical movement of
adjacent structures, and nearby streets, sidewalks, utilities, and other improvements. As
necessary, inclinometers or other instrumentation shall be installed as part of the shoring
system to closely monitor lateral movement. The program shall include a pre -construction
survey including photographs and installation of monitoring points for existing site
improvements.
58. A discovery of a paleontological specimen during any phase of the project shall result in
a work stoppage in the vicinity of the find until it can be evaluated by a professional
paleontologist. Should loss or damage be detected, additional protective measures or
further action (e.g., resource removal), as determined by a professional paleontologist,
shall be implemented to mitigate the impact.
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Hazards and Hazardous Materials
59. The contractor shall comply with Title 8, California Code of Regulations/Occupational
Safety and Health Administration requirements that cover construction work where an
employee may be exposed to lead. This includes the proper removal and disposal of
peeling paint, and appropriate sampling of painted building surfaces for lead prior to
disturbance of the paint and disposal of the paint or painted materials.
60. The applicant shall contract a Certified Asbestos Consultant to conduct an asbestos
survey prior to disturbing potential asbestos containing building materials and following
the Consultant's recommendations for proper handling and disposal.
61. Workers handling demolition and renovation activities at the project site will be trained in
the safe handling and disposal of any containments with which they are handling or
disposing of on the project site.
Noise
62. Prior to the issuance of building permits, mechanical equipment shall be selected and
designed to reduce impacts on surrounding uses to meet the City's 60 dBA daytime and
50 dBA nighttime requirements at the property lines of surrounding noise sensitive uses.
Section 5.2.5.8 of the City of Burlingame DSP includes a provision for rooftop equipment.
Mixed -use buildings with a residential component should exhibit rooflines and architectural
character consistent with the Downtown commercial character. Rooftop equipment shall
be concealed from view and/or integrated within the architecture of the building and
screened for noise.
A qualified acoustical consultant shall be retained to review mechanical noise as these
systems are selected to determine specific noise reduction measures necessary to reduce
noise to comply with the City's noise level requirements. Noise reduction measures could
include, but are not limited to, selection of equipment that emits low noise levels and/or
installation of noise barriers, such as enclosures and parapet walls, to block the line -of -
sight between the noise source and the nearest receptors.
63. As required under Section 9.9.20 of the City of Burlingame DSP, loaded truck and other
vibration -generating equipment shall avoid areas of the project site that are located near
existing residential uses to the maximum extent possible to still meet construction goals.
Additionally, the following measures would be implemented during construction:
a. Operating equipment on the construction site shall be placed as far as possible from
vibration -sensitive receptors.
b. Smaller equipment shall be used to the extent feasible to minimize vibration levels
below the limits.
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C. Use of vibratory rollers, tampers, and impact tools near sensitive areas shall be
avoided to the extent feasible.
d. Neighbors within 500 feet of the construction site shall be notified of the construction
schedule and that there could be noticeable vibration levels during project
construction activities.
e. If heavy construction is proposed within 12 feet of commercial structures and/or 18
feet of residential structures, a construction vibration -monitoring plan shall be
implemented prior to, during, and after vibration generating construction activities
located within these setbacks. All plan tasks shall be undertaken under the direction
of a licensed Professional Structural Engineer in the State of California and be in
accordance with industry accepted standard methods. The construction vibration
monitoring plan should be implemented to include the following tasks:
f. The contractor shall conduct a photo survey, elevation survey, and crack monitoring
survey for structures located within 25 feet of construction. Surveys shall be
performed prior to and after completion of vibration generating construction activities
located within 25 feet of the structure. The surveys shall include internal and external
crack monitoring in the structure, settlement, and distress, and shall document the
condition of the foundation, walls and other structural elements in the interior and
exterior of the structure.
g. The contractor shall conduct a post -survey on the structure where either monitoring
has indicated high levels or complaints of damage. Make appropriate repairs in
accordance with the Secretary of the Interior's Standards where damage has
occurred as a result of construction activities.
h. The contractor shall designate a person responsible for registering and investigating
claims of excessive vibration. The contact information of such person shall be clearly
posted on the construction site.
The results of any vibration monitoring shall be summarized and submitted in a
report shortly after substantial completion of each phase identified in the project
schedule. The report will include a description of measurement methods, equipment
used, calibration certificates, and graphics as required to clearly identify vibration -
monitoring locations. An explanation of all events that exceeded vibration limits will
be included together with proper documentation supporting any such claims.
Utilities and Service Systems
64. The project sponsor shall coordinate with the City Engineer to improve the public sanitary
sewer infrastructure. Prior to issuance of a building permit, project sponsors shall develop
a plan to facilitate sanitary sewer improvements. The plan shall include a schedule for
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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.
65. Prior to issuance of a building permit, development plans for projects proposed in the Plan
Area, 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, 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.
DocuSigned by:
D066C125928D48D_
Emily Beach, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that
the foregoing resolution was adopted at a regular meeting of the City Council held on the 51h day
of October, 2020 by the following vote:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, O'BRIEN KEIGHRAN, ORTIZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
"D"ocuSigned by:
RnenerznRnF�aeo
Meaghan Hassel -Shearer, City Clerk
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