HomeMy WebLinkAboutReso - CC - 033-2021DocuSign Envelope ID: 266FAC96-D427-4D86-B98F-57A28A7BC888
RESOLUTION NO. 033-2021
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING APPLICATIONS FOR DESIGN REVIEW, CONDITIONAL USE PERMIT,
CONDOMINIUM PERMIT AND TENTATIVE CONDOMINIUM MAP FOR A NEW
SIX -STORY, 120-UNIT CONDOMINIUM BUILDING AT
1868-1870 OGDEN DRIVE (ASSESSOR PARCEL NO: 025-121-190)
THE CITY COUNCIL OF THE CITY OF BURLINGAME finds as follows:
WHEREAS, on July 25, 2019, Greenbanker LLC, filed an application with the City of
Burlingame Community Development Department — Planning Division requesting approval of the
following:
■ Environmental Review in accordance with the California Environmental Quality Act
(CEQA) (Environmental Impact Report);
■ Design Review for construction of a new 6-story, 120-unit residential condominium
development (C.S. 25.40.020);
■ Conditional Use Permit for tandem parking (C.S. 25.40.050) (d));
■ Approval of Community Benefits Bonuses for a Tier 3 project (C.S. 25.40.030
(b)(3));
■ Condominium Permit for 120-unit residential condominium development (C.S.
26.30.020); and
• Tentative Condominium Map.
WHEREAS, on November 12, 2019 the Planning Commission conducted a duly noticed
public hearing (environmental scoping session and design review study meeting) to review the
proposed 6-story 120-unit Condominium Building and to identify subjects to be analyzed during
the CEQA review; and
WHEREAS, on July 10, 2020, a Notice of Preparation of an Environmental Impact Report
(EIR) was issued, the City retained ICF (an independent CEQA consultant) to prepare the EIR
and on November 23, 2020 the City duly noticed the availability and completion of the Draft EIR
(DEIR) and a public comment period of forty-nine (49) days was opened from November 23, 2020
to January 11, 202; a public hearing to receive any public comments on the DEIR was held on
December 14, 2020 and on February 12, 2021 the Response to Comments Document was made
available to the public; and
WHEREAS, on February 22, 2021, the Planning Commission conducted a duly noticed
public hearing and voted 6-0-0-1 (Commissioner Sargent absent) to recommend approval to City
Council of the applicant's requests for Design Review, Conditional Use Permit, Condominium
Permit and Tentative Condominium Map along with a recommendation to certify the EIR with a
Statement of Overriding Considerations for the 120-unit Condominium Building; and
WHEREAS, on March 15, 2021, the City Council conducted a duly noticed public hearing
to consider all project entitlements and the certification of the Final Environmental Impact Report
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RESOLUTION NO. 033-2021
(FEIR) with a Statement of Overriding Considerations, 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 March 15, 2021
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 the use of a variety of materials to
express a modern style that serves as part of the transition area between the
southern edge of the City of Millbrae and the City of Burlingame's northern
border. The building massing is tactfully broken up into two distinct pieces, joined
together with an elevated podium that serves two district purposes by providing
visual relief at the front facade and by providing outdoor open space for
residents. The exterior finishes include a mix of differing panel materials
including fiber cement panels, metal panels, and composite panels with varying
colors to provide visual interest and articulation;
That the design respects and promotes pedestrian activity by providing a public
plaza to enliven Ogden Drive. The plaza is sized relative to the building and
provides an opportunity for outside passive recreation, with new street trees,
planters, bike racks and amenities; in addition this space will include a historical
marker that will provide passersby with details on the historical events that took
place on the property related to Cesar Chavez and the United Farm Workers
eventual agreement with the Teamsters Union;
That while the subject property is not specifically a visually prominent, gateway
site the building has an urban design that compliments both the new and old
architectural fabric in the surrounding area;
That the building is compatible with the mass, bulk, scale, and materials of
existing developments and that the proposed building materials also include
finishes that introduce a modern element to compliment some of the new
development in the area; and
■ That site features such as fencing, landscaping, and pedestrian circulation to be
provided in a public plaza that will enrich the existing opportunities of the
neighborhood.
Conditional Use Permit Findings
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 120 new residential condominiums
proposed are consistent with the intent and allowable uses in the NBMU District;
that the proposed residential 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 needed housing opportunity on a site that has been determined to be
suitable for such use in the Zoning Code and Burlingame General Plan, that the
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RESOLUTION NO. 033-2021
site is close to transit options and centrally located to shops and service that will
not require typical vehicular travel or will result in reduced vehicle travel;
that the project includes a TDM plan to reduce trips; and that while 44% (or 66) of
the 150 parking spaces will be in the form of tandem parking, that the on -site
parking spaces exceed the code required amount (with the 20% TDM reduction)
by 31 spaces. For the reasons, the project may be found to be compatible with the
requirements of the City's three Conditional Use Permit criteria for the utilization of
a tandem parking configuration.
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 Tentative Condominium Map 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 February 11, 2021, sheets A0.0.01 through A0.96, sheets C0.1 through
C4.2, sheets L1.1 through L5.3 and sheets A1.0 through A5.3;
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 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;
5. that the project shall include six (6) 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 sale, rent or
lease of the affordable units at least 120 days before the final inspection;
6. that the required affordable dwelling units shall be constructed concurrently with market -
rate units;
7. that the six (6) 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);
8. that the six (6) 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
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RESOLUTION NO. 033-2021
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;
9. 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;
10. that the above noted regulatory agreement regarding the six (6) 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;
11. 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
$17,365.25, made payable to the City of Burlingame and submitted to the Planning
Division;
12. 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
$17,365.250, made payable to the City of Burlingame and submitted to the Planning
Division;
13. that prior to final inspection or the date the certificate of occupancy is issued, whichever
occurs first, the project applicant shall pay the Public Impact Fees in the amount of
$452,387.70 in full, payable to the City of Burlingame and submitted to the Planning
Division;
14. that the project shall include the Transportation Demand Management Measures as
proposed in the Transportation Impact Analysis, prepared by Hexagon Transportation
Consultants, Inc., dated November 9, 2020;
15. 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;
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RESOLUTION NO. 033-2021
16. that the TDM annual report shall provide information about the level of alternative mode -
uses and in the event a 25 percent reduction in peak -hour vehicle trips and reduction in
overall parking demand 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 20 percent mode split;
17. that the City may consider whether the owner/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 20 percent vehicle trip reduction;
18. that prior to the issuance of building permits, a covenant agreement shall be recorded
office 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;
19. 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;
20. 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;
21. that the conditions of the Building Division's October 19, 2019 memo, the Stormwater
Division's August 9, 2019 memo, the Park's Division's October 16, 2019 memo, Fire
Division's August 8, 2019 memo and the Public -Works Engineering Division's October 30,
2019 memo related to the building permit submittal shall be met;
22. 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, prior to installation
of any public safety communications equipment, it if is deemed necessary;
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
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RESOLUTION NO. 033-2021
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. prior to issuance of a building permit, the project sponsor shall file a Form 7460-1, Notice
of Proposed Construction and provide an FAA determination of no hazard to air navigation
approval letter;
26. 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;
27. that storage of construction materials and equipment on the street or in the public right-of-
way shall be prohibited;
28. 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;
29. 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 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;
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; and
e. 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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RESOLUTION NO.033-2021
parking. This coordinator would determine the cause of the complaint and, where
necessary, would implement reasonable measures to correct the problem.
30. 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; coveringltarping stored construction materials, fuels and other chemicals;
31. 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;
32. 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;
33. 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;
34. 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;
35. 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;
36. 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;
37. 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;
38. 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;
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RESOLUTION NO. 033-2021
39. 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;
40. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water
Management and Discharge Control Ordinance;
41. that the project shall meet all the requirements of the California Building and Uniform Fire
Codes, as amended by the City of Burlingame;
42. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance;
43. that construction access routes shall be limited in order to prevent the tracking of dirt
onto the public right-of-way, clean off -site paved areas and sidewalks using dry sweeping
methods;
The following five (5) conditions shall be met during the Building Inspection process prior
to the inspections noted in each condition:
44. that prior to scheduling the foundation inspection a licensed surveyor shall locate the
property corners, set the building envelope;
45. 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;
46. 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;
47. 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 the Environmental Impact Report
Air Quality
48. MM AQ-9: 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:
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RESOLUTION NO.033-2021
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 offsite.
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).
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.
49. MM AQ-2: Use Tier 4 Equipment: 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.
Biological Resources
50. MM BIO-1: 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,
51. MM B1O-2: 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).
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RESOLUTION NO. 033-2021
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
52. MM CR-1: Prepare and Submit Historical Documentation of 1868-1870 Ogden Drive:
The Project sponsor shall retain a professional who meets the Secretary of the Interior's
Qualification Standards for Architectural Historian or Historian (36 Code of Federal
Regulations Part 61) and a photographer with demonstrated experience in Historic
American Buildings Survey (NABS) photography to prepare written and photographic
documentation for the building at 1868-1870 Ogden Drive. The HABS documentation
package for the resource shall be reviewed and approved by the staff of the Burlingame
Planning Division, which may require the services of a professionally qualified architectural
historian or historian hired by the City to perform this review, prior to the issuance of any
demolition, site, or construction permit for the Project. Documentation may be used in the
interpretive display or signage described in Mitigation Measure CR-2.
The documentation shall consist of the following:
Historic American Buildings Survey —level Photographs: HABS standard digital
photography shall be undertaken to document the building at 1868-1870 Ogden
Drive and its surrounding context. Large -format negatives are not required. The
scope and number of photographs shall be reviewed and approved by the staff of
the Burlingame Planning Division prior to documentation, and all photography shall
be conducted according to the current National Park Service HABS standards.
o The photograph set shall include the following: distant views to capture the
extent and context of the resource, contextual views of each fagade of the
building, fagade details showing the character -defining exterior features of
the building, and general interior views documenting current interior
conditions.
o All views shall be referenced on a key map of the resource that includes a
photograph number with an arrow to indicate the direction of the view.
o The draft photograph contact sheets and key map shall be provided to the
Burlingame Planning Division, or professionally qualified reviewer hired by
the City, for review and approval to determine the final number of
photographs and views for inclusion in the final dataset.
• Written Historic American Buildings Survey Narrative Report: A written historical
narrative shall be prepared in accordance with NABS Historical Report Guidelines.
The HABS historical narrative should incorporate content from the DPR 523A and
523B form set for 1868-1870 Ogden Drive. Historic photographs identified in
previous studies and updated research shall also be collected, scanned as high -
resolution digital files, and reproduced in the dataset.
1 City and County of San Francisco. 2011. Standards for Bird -safe Buildings. San Francisco Planning
Department. July 14. Available: http:llwww.sf-planning.org/ftp/files/publications_reports/bird_safe_bldgs/
Standards_for Bird, Safe_Buildings_7-5-11.pdf. Accessed: July 17, 2020.
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RESOLUTION NO. 033-2021
Format of Final Dataset:
The Project sponsor shall contact the Burlingame Historical Society; Northwest
Information Center, California Historical Society, University of California, San
Diego Library, and no fewer than two additional research repositories with existing
collections related to labor and ethnic history in California to inquire as to whether
the repositories would like to receive a hard or digital copy of the final dataset.
Labeled hard copies and/or digital copies of the final photograph sets and narrative
report shall be provided to these repositories in their preferred format.
The Project sponsor shall prepare documentation, along with the final HABS
dataset, for review and approval by Burlingame Planning Division staff members
that records the outreach, response, and other actions taken with regard to the
repositories listed above. The documentation shall also include the research
conducted to identify additional interested groups and the results of that outreach.
53. MM CR-2: Develop and Implement and Interpretive Program: The Project sponsor
shall install and maintain a permanent onsite interpretive display commemorating the
historical significance of the building at 1868-1870 Ogden Drive in relation to labor
conflicts between the Western Conference of Teamsters and the United Farm Workers of
America during the 1960s and 1970s. The interpretive program shall include the creation
of a permanent display with photos of the building at 1868-1870 Ogden Drive and a
description of its historical significance in a publicly accessible location on the Project site.
The interpretive display can feature interactive or dynamic media, such as video, but, at a
minimum, must include one display board containing narrative and visual materials to
interpret the history of the building. Development of the interpretive display shall be
overseen by a qualified professional who meets the Secretary of the interior's Professional
Qualification Standards (36 Code of Federal Regulations Part 61) for Historian or
Architectural Historian. The Project sponsor shall prepare an outline of the format,
location, and general content of the interpretive display to be reviewed and approved by
Burlingame Planning Division staff members prior to issuance of a demolition permit or
site permit. The Project sponsor shall submit an illustrated memorandum that specifies the
format, location, content (draft text and images), specifications, and maintenance of the
interpretive displays for review by the Burlingame Planning Division prior to the issuance
of any building permits for the Project. The approved display shall be fabricated and
installed onsite prior to the issuance of the occupancy permit for the Project.
54. MM-CR-3: Pre -construction Archaeological Sensitivity Training: A qualified
archaeologist shall conduct a pre -construction archaeological sensitivity training session
for the excavation crew. This training shall 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 CR-4). All crew
members conducting ground disturbance shall attend archaeological sensitivity training.
A sign -in sheet shall be provided to track who has attended the training. An "Alen` Sheet"
shall also be posted in conspicuous locations on the Project site to alert personnel to the
procedures and protocols to follow any discovery of potentially significant prehistoric
archaeological resources.
55. MM-CR-4: Unanticipated Discovery Protocol: In the event that archaeological
resources are encountered during construction, work shall be halted within 100 feet of the
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RESOLUTION NO. 033-2021
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.
56. MM-CR-5: 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 and Soils
57. MM GEO-1: 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
58. MM N0I-1: 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.
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.
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RESOLUTION NO.033-2021
Transportation
59. MM TRA-1: Traflfic 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.
ox
-
Ann O'Brien Keighran ayor
1, 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 151' day of March,
2021 by the following vote:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, O'BRIEN KEIGHRAN, ORTIZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
CDocuSigned by:
/�Lta�ia.. Jd'aSSt� .S4ta t�
Meaghan Hassel -Shearer, City Clerk
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