Loading...
HomeMy WebLinkAboutReso - CC - 135-2020DocuSign Envelope ID: C3A1266B-3207-4F97-9EF1-355CA09B6135 RESOLUTION NO. 135-2020 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING APPLICATIONS FOR DESIGN REVIEW, CONDITIONAL USE PERMIT AND ZONING CODE AMENDMENT (OFFICE PARKING IN NBMU DISTRICT) FOR A 7-STORY, MIXED -USE DEVELOPMENT AT 1766 EL CAMINO REAL (ASSESSOR PARCEL NO: 025-161-110) THE CITY COUNCIL OF THE CITY OF BURLINGAME finds as follows: WHEREAS, on March 15, 2019, Certosa, Inc. c/o Mario Muzzi, filed an application with the City of Burlingame Community Development Department — Planning Division requesting approval of the following: ■ Environmental Review in accordance with CEQA; ■ Design Review for construction of a new 7-story, mixed -use building with retail, office and 60 residential units with below grade parking (C.S. 25.40.020); ■ Conditional Use Permit for mechanical parking stackers (C.S. 25.40.050)(D); ■ Approval of Community Benefits Bonuses for a Tier 3 project (Code Section 25.40.030); and ■ Zoning Code Amendment to reduce the office parking ratio from 1:300 SF to 1:400 SF for office uses in the NBMU zone (C.S. 25.70.040) (refer to accompanying staff report for zoning code amendment). WHEREAS, on September 23, 2019 the Planning Commission conducted a duly noticed public hearing (environmental scoping session and design review study meeting) to review the proposed 7-story mixed -use building 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 (second design review study meeting) to review revisions to the proposed 7-story mixed -use building; and WHEREAS, an IS/MND was prepared to analyze project impacts; said IS/MND was circulated for public review and comment commencing on July 15, 2020 and concluding on August 4, 2020; and WHEREAS, on August 24, 2020, the Planning Commission conducted a duly noticed public hearing and voted 7-0 to recommend approval of the applicant's requests for Environmental Review, Design Review, Conditional Use Permit, and Zoning Code Amendment; and WHEREAS, on October 19, 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 DocuSign Envelope ID: C3A1266B-3207-4F97-9EF1-355CA09B6135 RESOLUTION NO. 135-2020 WHEREAS, as a result of the oral and written testimony presented at the October 19, 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 proposed project supports the pattern of diverse architectural styles that characterize the City's mixed -use area with a grand canopy that unifies the building massing horizontally along the angled slip road and articulates the position of the upper residential floors from the main body of the office floors. ■ That the subject property is a gateway site that will provide a new scale of building and a new type of architecture with a mix of uses added to this area. This visually prominent, gateway site has been designed with a strong punched opening expression that anchors both facades at El Camino Real and Trousdale Drive and will maintain a transparency to acknowledge this important part of the building. • That the design respects and promotes pedestrian activity by providing a public plaza on the El Camino Real frontage, which wraps around to Trousdale Drive. The plaza is sized relative to the building and provides an opportunity for outside passive recreation, with new street trees, planters, and amenities while creating activity along the route to the nearby transit opportunities. ■ That the facade also has additional layering of the fagade with extended slab edges to provide more depth on the corners, with an extended cantilevered slab at the second floor that is 8-feet beyond the face of the building to provide additional pedestrian coverage and a strong corner emphasis. ■ That the proposed building materials would include a stone base tile (dark almond porcelain), vision glass, spandrel glass, pre -cast concrete panels (white/almond/light gray), and glass hand rails. For the reasons above the project may be found to be compatible with the requirements of the City's mixed -use design review criteria. Conditional Use Permit Findin ■ That the proposed project 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, in that the mixed of uses proposed is consistent with the intent and allowable uses in the NBMU District; ■ That the proposed use will be located and conducted in a manner in accord with the Burlingame General Plan and the purposes of this title, in that it provides a mix of uses on a prominent corner property determined to be suitable for such use in the Zoning Code and Burlingame General Plan, that the site is close to transit options and centrally located to shops and service that won't require typical vehicular travel; 2 DocuSign Envelope ID: C3A1266B-3207-4F97-9EF1-355CA09B6135 RESOLUTION NO. 135-2020 That the project includes a TDM plan to reduce trips and that with the use of stackers and the TDM plan, the proposed 385 on -site parking spaces exceeds the code required amount (with the code amendment and 20% TDM reduction) and for the reasons above the project may be found to be compatible with the requirements of the City's three Conditional Use Permit criteria for the utilization of mechanical stackers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT the applications for Design Review, Conditional Use Permit, and Zoning Code Amendment are granted, subject to the following conditions: that the project shall be built as shown on the plans submitted to the Planning Division date stamped August 10, 2020, sheets T.01, A0.01 through A4.1, sheets FT1.1 through FT1.4, sheets L1.0 through L4.0; 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 City Council; 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 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); 4. that the project shall include three (3) affordable units to households of "Low Income" category, as defined as earning a maximum of 80% of the San Mateo County Area Median Income; the City Manager shall be authorized to execute an agreement with the applicant and the applicant shall enter into an agreement for the administration of the renting or leasing of the affordable units at least 120 days before the final inspection; 5. that the required affordable dwelling units shall be constructed concurrently with market -rate units; 6. that the three (3) low income restricted affordable units shall remain restricted and affordable to the designated income group for a minimum period of fifty-five (55) years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program); 7. that the three (3) restricted affordable units shall be built on -site and be dispersed within the development. The number of bedrooms of the restricted affordable units shall be equivalent to the bedroom mix and average sizes of the non -restricted units in the development; except that the applicant may include a higher proportion of restricted affordable units with more bedrooms. The design and construction of the affordable dwelling units shall be consistent with the design, unit layout, and construction of the total project development in terms of appearance, exterior construction materials, and unit layout; 3 DocuSign Envelope ID: C3A1266B-3207-4F97-9EF1-355CA09B6135 RESOLUTION NO. 135-2020 8. that the applicant shall enter into a regulatory agreement with the City; the terms of this agreement shall be approved as to form by the City Attorney's Office, and reviewed and revised as appropriate by the reviewing City official; this agreement will be a form provided by the City, and will include the following terms: (a) The affordability of very low, lower, and moderate income housing shall be assured in a manner consistent with Government Code Section 65915(c)(1); (b) An equity sharing agreement pursuant to Government Code Section 65915(c)(2); (c) The location, dwelling unit sizes, rental cost, and number of bedrooms of the affordable units; (d) A description of any bonuses and incentives, if any, provided by the City; and (e) Any other terms as required to ensure implementation and compliance with this section, and the applicable sections of the density bonus law; 9. that the above noted regulatory agreement regarding the three (3) restricted affordable units shall be binding on all future owners and successors in interest; the agreement required by this Zoning Code Section 25.63.080 is hereby a condition of all development approvals and shall be fully executed and recorded prior to the issuance of any building or construction permit for the proposed project; 10. that the project shall include the Transportation Demand Management Measures as proposed in the Recommended TDM Measures memorandum, prepared by Hexagon Transportation Consultants, Inc., dated June 18, 2019; 11. that a TDM annual report shall be prepared by a qualified, independent consultant and paid for by the owner and submitted to the City of Burlingame annually; with the initial, or baseline, commute survey report to be conducted and submitted one (1) year after the granting of a certificate of occupancy for 75 percent or more of the project and annually after that; 12. that the TDM annual report shall provide information about the level of alternative mode -uses and in the event a 25 percent mode shift (i.e., proportion of occupants that use something other than a car to/from the subject property) towards alternative transportation is not met, the report shall explain how and why the goal has not been reached; in such a circumstance the annual report shall identify a work plan, to be approved by the City of Burlingame, which describes additional or alternative measures for implementation that would be necessary to enhance the TDM program to attain the TDM goal of 25 percent mode split; 13. that the City may consider whether the employer/tenant has made a good faith effort to meet the TDM goals and may allow the owner a six-month "grace period" to implement additional TDM measures to achieve the 25 percent mobility mode shift; 14. that prior to the issuance of building permits, a covenant agreement shall be recorded with the San Mateo County Assessor and Recorder's Office to provide constructive notice to all future owners of the property of any ongoing programmatic requirements that discloses the required Transportation Demand Management (TDM) provisions and any conditions of approval related herein to compliance and reporting for the TDM; 4 DocuSign Envelope ID: C3A1266B-3207-4F97-9EF1-355CA09B6135 RESOLUTION NO. 135-2020 15. that prior to issuance of a building permit for the project, the project applicant shall pay the first half of the North Burlingame/Rollins Road Development Fee in the amount of $75,159.50, made payable to the City of Burlingame and submitted to the Planning Division; 16. that prior to scheduling the final framing inspection, the project applicant shall pay the second half of the North Burlingame/Rollins Road Development Fee in the amount of $75,159.50, made payable to the City of Burlingame and submitted to the Planning Division; 17. that prior to the issuance of the building permit the Commercial Linkage Fee in the amount of $2,317,820.00 shall be paid in full, payable to the City of Burlingame and submitted to the Planning Division; 18. that the public plaza shall be owned, operated, and maintained by the developer or property manager in accordance with an approved maintenance plan to be reviewed and approved by the Community Development Director; 19. that the public plaza shall be open to the public, without charge, each day of the year, except for temporary closures for necessary maintenance or public safety; 20. that the conditions of the Building Division's June 7, 2019 memo, the Stormwater Division's August 8, 2019 memo, the Park's Division's November 30, 2018 memo, Fire Division's August 16, 2019 memo and the Public -Works Engineering Division's August 1, 2019 memo related to the building permit submittal shall be met; 21. prior to issuance of a building permit, the project sponsor shall verify that the July 28, 2020, FAA determination of no hazard to air navigation for the project is still current and has not expired (1/28/22) and if expired a new FAA determination of no hazard to air navigation shall be submitted to the City of Burlingame prior to building permit issuance; 22. that the project shall comply with the SFO Comprehensive Airport Land Use Compatibility Plan (ALUCP), specifically in accordance with Safety Compatibility Policy SP-2 pertaining to land uses; and that any future tenants of the commercial and office space comply with the Safety Compatibility Criteria for Safety Zone 3 as contained in Table IV-2 of the SFO ALUCP; this table defines uses to avoid and uses that are incompatible, summarized as follows: Incompatible Uses- Use is not compatible in the indicated zones and cannot be permitted: • Biosafety Level 3 and 4 facilities —which include medical and biological research facilities involving the storage and processing of extremely toxic or infectious agents. See Policy SP-3 of the SFO ALUCP for additional detail • Children's schools - Public and private schools serving preschool through grade 12, excluding commercial services • Large child day care centers - Commercial facilities defined in accordance with Health and Safety Code, Section 1596.70, et seq., and licensed to serve 15 or more children. Family day care homes and noncommercial employer -sponsored facilities ancillary to place of business are allowed. • Hospitals, nursing homes • Stadiums, arenas 5 DocuSign Envelope ID: C3A1266B-3207-4F97-9EF1-355CA09B6135 RESOLUTION NO. 135-2020 Avoidable Uses — Uses that are not fully compatible and should not be permitted unless no feasible alternative is available as follows: • Biosafety Level 3 and 4 facilities — Hazardous use other than Biosafety Level 3 and 4 facilities — which include medical and biological research facilities involving the storage and processing of extremely toxic or infectious agents. See Policy SP-3 of the SFO ALUCP for additional detail. • Critical public utilities - Facilities that, if disabled by an aircraft accident, could lead to public safety or health emergencies. They include the following: electrical power generation plants, electrical substations, wastewater treatment plants, and public water treatment facilities. 23. that the applicant shall be required to comply with the real estate disclosure requirements of State law and General Plan as outlined in Policy IP-1 of the SFO ALUCP and that the following statement must be included in the notice of intention to offer the property for sale or lease: "Notice of Airport in Vicinity This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase or lease and determine whether they are acceptable to you."; 24. that the project applicant shall be required to evaluate potential airport noise impacts if the project is located within the 65 CNEL contour line of San Francisco International Airport (as mapped in the Airport Land Use Compatibility Plan for the Environs of San Francisco International Airport). All projects shall be required to mitigate impacts to comply with the interior and exterior noise standards established by the Airport Land Use Compatibility Plan; 25. that any action that would either permit or result in the development or construction of a land use considered to be conditionally compatible with aircraft noise of CNEL 65 dB or greater (as mapped in the Airport Land Use Compatibility Plan) shall include the grant of an avigation easement to the City and County of San Francisco prior to issuance of a building permit(s) for any proposed buildings or structures, consistent with Airport Land Use Compatibility Plan Policy NP-3 Grant of Avigation Easement; 26. that the property owner shall permit the relocation of City of Burlingame Police Department public safety communications equipment and a wireless access point for City communications to be placed on the roof of the new structure as indicated on the roof plans, sheet A1.10, as 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 prior to building permit issuance; 27. 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; 6 DocuSign Envelope ID: C3A1266B-3207-4F97-9EF1-355CA09B6135 RESOLUTION NO. 135-2020 28. that storage of construction materials and equipment on the street or in the public right- of-way shall be prohibited; 29. that the applicant shall prepare a construction staging and traffic control plan for the duration of construction for review and acceptance by the City Engineer prior to the issuance of a building permit; the construction staging plan shall include construction equipment parking, construction employee parking, timing and duration of various phases of construction and construction operations hours; the staging plan shall address public safety and shall ensure that worker's vehicles and construction equipment shall not be parked in public parking areas with exceptions for construction parking along the street frontages of the project site; 30. 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 set of comprehensive traffic control measures, including scheduling of major truck trips and deliveries to avoid peak traffic hours, detour signs if required, lane closure procedures, signs, cones for drivers, and designated construction access routes; • Identification of haul routes for movement of construction vehicles that would minimize impacts on motor vehicular, bicycle and pedestrian traffic, circulation and safety, and specifically to minimize impacts to the greatest extent possible on streets in the project area; • Notification procedures for adjacent property owners and public safety personnel regarding when major deliveries, detours, and lane closures would occur; • Provisions for monitoring surface streets used for haul routes so that any damage and debris attributable to the haul trucks can be identified and corrected by the project applicant; and • Designation of a readily available contact person for construction activities who would be responsible for responding to any local complaints regarding traffic or parking. This coordinator would determine the cause of the complaint and, where necessary, would implement reasonable measures to correct the problem. 31. 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; 32. 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; 33. 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; 7 DocuSign Envelope ID: C3A1266B-3207-4F97-9EF1-355CA09B6135 RESOLUTION NO. 135-2020 34. 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; 35. 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; 36. that project approvals shall be conditioned upon installation of an emergency generator to power the sump pump system; and the sump pump shall be redundant in all mechanical and electrical aspects (i.e., dual pumps, controls, level sensors, etc.). Emergency generators shall be housed so that they meet the City's noise requirement; 37. that prior to issuance of a building permit, the applicant shall prepare and submit to the Department of Public Works — Engineering Division a sanitary sewer analysis that assesses the impact of this project to determine if the additional sewage flows can be accommodated by the existing sewer line. If the analysis results in a determination that the existing sewer line requires upgrading, the applicant shall perform the necessary upgrades as determined by the Engineering Division; 38. that a Protected Tree Removal Permit shall be required from the City of Burlingame Parks Division to remove any existing protected size trees on the subject property and that the project shall comply with the Tree Protection and Reforestation Ordinance adopted by the City of Burlingame and enforced by the Parks Department; complete landscape and irrigation plans shall be submitted at the time of building permit application and the street trees will be protected during construction as required by the City Arborist; 39. 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; 40. 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; 41. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; 42. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, as amended by the City of Burlingame; 43. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance; 44. 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; . DocuSign Envelope ID: C3A1266B-3207-4F97-9EF1-355CA09B6135 RESOLUTION NO. 135-2020 The following five (5) conditions shall be met during the Building Inspection process prior to the inspections noted in each condition: 45. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners, set the building envelope; 46. 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; 47. 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; 48. 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; Mitigation Measures from Initial Study Air Quality 49. the applicant shall ensure that all off -road diesel -powered equipment used during construction is equipped with engines that meet EPA Tier 4 "final" emission standards; 50. Implement BAAQMD Basic Construction Mitigation Measures - The applicant shall require all construction contractors to implement the basic construction mitigation measures recommended by BAAQMD. The emissions reduction measures shall include, at a minimum, the following: • All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times a day. • All haul trucks shall be covered when transporting soil, sand, or other loose material off -site. • All visible mud or dirt track -out material on adjacent public roads shall be removed using wet -power vacuum -type street sweepers at least once a day. The use of dry - power sweeping is prohibited. • All vehicle speeds shall be limited to 15 miles per hour on unpaved roads. • All roadways, driveways, and sidewalks that are to be paved shall be paved as soon as possible. Building pads shall be laid as soon as possible after grading, unless seeding or soil binders are used. • All construction equipment shall be maintained and properly tuned in accordance with manufacturers' specifications. All equipment shall be checked by a certified visible - emissions evaluator. 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). 9 DocuSign Envelope ID: C3A1266B-3207-4F97-9EF1-355CA09B6135 RESOLUTION NO. 135-2020 • Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations; Biological Resources 51. Pre -construction Nesting Bird Surveys and Protection Measures: - The applicant shall implement the measures that follow prior to structure demolition and tree removal or trimming. Construction shall avoid the avian nesting period (March 15 through August 31) to the extent feasible. If it is not feasible to avoid the nesting period, a survey for nesting birds shall be conducted by a qualified wildlife biologist no earlier than 7 days prior to construction. The area surveyed shall include all clearing/construction areas as well as areas within 250 feet 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 50 feet of a passerine nest and 250 feet of a raptor nest until the young have fledged (left the nest), the nest is vacated, and there is no evidence of second nesting attempts; 52. Implement Bird -safe Design Standards into Project Buildings and the Lighting Design: - The applicant, or contractor, shall implement the following measures to minimize hazards for birds: • Reduce large areas of transparent or reflective glass • Locate water features, trees, and bird habitat away from building exteriors to reduce reflection • Reduce or eliminate the visibility of landscaped areas behind glass • Turn non -emergency lighting off at night, especially during bird migration season (February —May and August —November) • Include window coverings that adequately block light transmission from rooms where interior lighting is used at night and install motion sensors or controls to extinguish lights in unoccupied spaces • Design and/or install lighting fixtures that minimize light pollution, including light trespass, over -illumination, glare, light clutter, and skyglow, and use bird -friendly colors for lighting when possible. The City of San Francisco's Standards for Bird -safe Buildings' provides an overview of building design and lighting guidelines to minimize bird/building collisions that could be used to guide the applicant; Cultural Resources 53. Pre -construction Archaeological Sensitivity Training: - A qualified archaeologist shall conduct a pre -construction archaeological sensitivity training session for the excavation crew. This training will include an overview of what cultural resources are and provide information regarding why such resources are important, archaeological terms (such as site, feature, deposit), Project site history, the types of cultural resources that are likely to be uncovered during excavation, the laws that protect cultural resources, and the protocol for unanticipated discoveries (see Mitigation Measure CUL-2). An "Alert Sheet" shall be posted in conspicuous locations on the Project site to alert personnel to the 10 DocuSign Envelope ID: C3A1266B-3207-4F97-9EF1-355CA09B6135 RESOLUTION NO. 135-2020 procedures and protocols to follow after discovery of potentially significant precontact archaeological resources; 54. Unanticipated Discovery Protocol: - In the event that archaeological resources are encountered during construction, work shall be halted within 100 feet of the discovery and the area avoided until a qualified professional archaeologist has evaluated the situation and provided appropriate recommendations. If the find is determined to be potentially significant, the archaeologist, in consultation with the Native American representative, shall develop a treatment plan, which could include site avoidance, capping, or data recovery; 55. Stop Work If Human Remains Are Encountered during Ground -disturbing Activities: If human remains are unearthed during construction, pursuant to Section 50977.98 of the Public Resources Code and Section 7050.5 of the State Health and Safety Code, 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 in origin, the lead agency shall work with the NAHC and the applicant to develop an agreement for treating or disposing of the human remains; Geology, Soils, and Paleontological Resources 56. Stop Work in Case of Discovery of Paleontological Resources: - Discovery of a paleontological specimen during any phase of the Project shall result in 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 the professional paleontologist, shall be implemented to mitigate the impact prior to the continuation of work; Noise 57. Construction Noise Control Plan: - The applicant shall develop a set of site -specific noise attenuation measures. Prior to commencement of construction activities, the applicant shall submit the construction noise control plan to the City for review and approval. Noise attenuation measures shall be identified in the plan and implemented to reduce noise levels to the greatest extent feasible. Noise measures may include, but are not limited to, the following: • Using smaller equipment with lower horsepower or reducing the hourly utilization rate of equipment 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. 11 DocuSign Envelope ID: C3A1266B-3207-4F97-9EF1-355CA09B6135 RESOLUTION NO. 135-2020 • 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; 58. Provide Acoustical Treatments for Mechanical Equipment. - The applicant shall provide acoustical treatments for the proposed emergency generator to reduce noise levels to below the 60 d8A Leq daytime threshold for mechanical equipment, as determined by a qualified acoustical consultant. In addition, the applicant shall provide acoustical treatments for the proposed HVAC equipment to reduce noise levels to below the nighttime noise limit of 50 d8A Leq at the property line, as also determined by a qualified acoustical consultant. Selected acoustical treatments must ensure that noise levels will be below the 60 d8A daytime and 50 d8A nighttime thresholds, as applicable, in accordance with the noise limitations specified in the Municipal Code. Treatments may include, but are not limited to: Installing stationary equipment as far as possible from off -site noise -sensitive land uses and the property line to reduce noise levels at adjacent parcels, Constructing enclosures around noise -generating mechanical equipment, Placing barriers around the equipment, Using mufflers or silencers on equipment exhaust fans, Orienting or shielding equipment to protect sensitive uses to the greatest extent feasible, Limiting the testing of emergency generators to daytime hours (7:00 a.m. to 10:00 p.m.); Transportation 59. Traffic Control Plan: - Prior to issuance of grading and building permits, the applicant shall submit a Traffic Control Plan to the City. The requirements of the Traffic Control Plan include, but are not limited to, the following: Truck drivers shall be notified of and required to use the most direct route between the site and U.S. 101, as determined by the City Engineering Department; all site ingress and egress shall occur only at the main driveways to the Project site; specifically designated travel routes for large vehicles shall be monitored and controlled by flaggers; warning signs, indicating frequent truck entry and exit points, shall be posted on adjacent roadways, if requested; and any debris or mud on nearby streets caused by trucks shall be monitored daily, which may require instituting a street cleaning program. 12 DocuSign Envelope ID: C3A1266B-3207-4F97-9EF1-355CA09B6135 RESOLUTION NO. 135-2020 DocuSigned by: D066C125928D48D... Emily Beach, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 2nd day of November, 2020 by the following vote: AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, O'BRIEN KEIGHRAN, ORTIZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE E "D"ocuSigned by: SD4vU84C3D80E7449... Meaghan Hassel -Shearer, City Clerk 13