HomeMy WebLinkAboutReso - PC - 2021.08.09 - 8ERECORDING REQUESTED BY:
Planning Department
City of Burlingame
WHEN RECORDED MAIL TO:
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF BURLINGAME
501 PRIMROSE ROAD
BURLINGAME, CA 94010
2021-165533
'l :04 pm 12102121 Rl Fee: NO FEE
Count of Pages 14
Recorded !n Official Records
County of San Mateo
Mark Church
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Resolution No. 2021-08.09.2 1 -8e
1418 BELLEVUE AVENUE
029-112-350
{
TITLE OF DOCUMENT
I hereby certify this to be a full, true and correct copy of the
document it purports to be, the original of which is on file in my
office.
October 2021
kxi'r" hrknr
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Date:
Kevin Gardiner, AICP, Community Development Director
Docusign EnvetoBe to: fT qzrw-i7€<AF9-ACA5- 1 Ao 1 E3oAB5D E
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BURLINGAME
APPROVING AN APPLICATION FOR CATEGORICAL EXEMPTION, DESIGN REVIEW,
CONDOMINIUM PERMIT, DENSITY BONUS, AND LOT SPLIT, FOR CONSTRUCTION OF
A NEW 1s.UNIT RESIDENTIAL CONDOMINIUM AT 1418 BELLEVUE AVENUE
WHEREAS, on February 18,2020, Philip Lesser filed an application with the City of Burlingame
Community Development Department - Planning Division requesting approval of the following
requests:
Design Review for the proposed construction of a new six-story, 15-unit residential
condominium building (C.S. 25.29.020 and 25.57.010, and Chapter 5 of the Downtown
Specific Plan);
Condominium Permit for construction
26.30.020); and
of new residential condominium building (C.S
Density Bonus to allow development concessions and waiver/modifications to development
standards to facilitate the provision of affordable housing; concession for a building height
over 35 feet and Waivers/Modifications of development standards including setbacks for the
existing and proposed building (right sides for both buildings and rear for the new building),
lot coverage for the existing building, parking aisle width and shared site access for existing
and proposed parking, and number of parking spaces for the existing building). (C.S.
25.63.050).
WHEREAS, on September 28, 2020 the Planning Commission conducted a duly noticed
public hearing (design review study) to review a 1s-unit residential condominium project. At that
time the Planning Commission requested additional information and asked the applicant to consider
making changes to the project to address their concerns; and
Following consideration of all information contained in the August 9,2021 staff report to the
Planning Commission regarding the project, all written correspondence, and all public comments
received at the public hearing, the Planning Commission grants approval of the 1S-unit residential
condominium project based on the following findings regarding the project entitlements:
that the project is consistent with the diverse architectural styles of existing residential and
municipal buildings in the area characterized by simple massing, an articulated fagade, and
articulated walls and repetitive fenestration on the upper floors and landscape elements
throughout; the project mediates between existing buildings in the area ranging from one to
six stories in height and municipal buildings such as City Hall and the Main Library, to create
a continuous mixed-use residential neighborhood, is well articulated, and embraces the street
and the pedestrian realm;
that the architectural style blends traditional and contemporary design elements to be
compatible with adjacent neighborhoods and the City as a whole, and that human scale is
provided at the street level consisting of an entry element at 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 at the side of the ground floor building fagade with one driveway access to the
garage;
Desiqn Review Findinqs:
that the building is characterized by a single contemporary architectural style and its design
fits the site and is compatible with the sunounding development by exhibiting thoughtful
massing, character and pedestrian scale, and successfully creates a good transition between
the existing residential and municipal buildings in the neighborhood;
that site features such as fencing, landscaping, and pedestrian circulation will enrich the
existing opportunities of the neighborhood transitioning from municipal to residential uses.
Condominium Permit Findinos
that the '1S-unit residential condominium project and is compatible with the surrounding
development by exhibiting thoughtful massing, character and pedestrian scale, and
successfully creates a good transition between the existing residential and municipall
buildings in the neighborhood, and will not have a significant impact on public health, safety
and general welfare;
that the project has fulfilled all criteria for an lnfill Exemption and therefore will have no
significant impacts on schools, parks, utilities, neighborhoods, streets, traffic, parking and
other community facilities and resources; and
that the project includes new fencing and landscaping on the project site, as well as
installation of a green landscaping wall, and therefore will enrich the neighborhood
transitioning from commercial to residential uses.
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame
on Auqust 9. 2021, at which time it reviewed and considered the staff report and all other written
materials and testimony presented at said hearing;
NOW, THEREFORE, IT IS RESOLVED AND DETERMINED BY THIS PLANNING COMMISSION
THAT:
Section 1. On the basis of the documents submitted and reviewed, and comments
received and addressed by this Commission, it is hereby found that there is no substantial evidence
that the project set forth above will have a significant effect on the environment, and categorical
exemption, per CEQA Section 15332, ln-Fill Development Projects, is hereby approved.
Section 2- Said Design Review, Condominium Permit, and Density Bonus are approved
subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Design Review,
Condominium Permit, and Density Bonus are set forth in the staff report, minutes, and recording of
said meeting.
Section 3. lt is further directed that a ce
official records of the County of San Mateo.
d lution
Chai n
that the building is compatible with the mass, bulk, scale, and existing materials of existing
development in that the exterior building materials include a mix of painted stucco walls with
wood planter boxes, cedar trim, anodized aluminum guardrails at balconies and anodized
aluminum windows, a louvered trellis and glass guardrail at the roof terrace, and green
screen landscape wall; and
recorded in the
!, R. LRAtO S , Secretary of the Ptan ning Commission of the City of
Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular
meeting of the Planning Commission held on the the following vote:
I
1418 BELLBTUE AVE - RESO 2021{18-09{c
AYES: COilAROTO, LARIOS, LOflS'
SGHlf,ID, TERRONES
NOES: NONE
ABSENT: GAUL,TSE
RECUSED: NOltlE
1
EXHIBIT "A"
Conditions of Approval for Categorical Exemption and Design Review
l418 Bellevue Avenue
Effective August 19, 2021
Page 1
that the required affordable dwelling units shall be built on-site and shall be constructed
concurrently with market-rate units;
that the project shall be built as shown on the plans submitted to the Planning Division date
stamped July 16, 2Q21, sheets A0.0 through A9.3, TM-1 .0 through SU1 , and L1 through L6;
that prior to issuance of a building permit for construction of the pro.iect, 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 ofall 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;
that the applicant shall submit to the Department of Public works, Engineering Division any
required applications for a tentative and final parcel map for lot split and tentative and finjl
condominium map for processing in conformance with the Subdivision Map Act;
that prior to issuance of the final inspection of the project, the applicant shall pay the public
tacilities impact fee in the approximate amount of $83,055.00, made payable to the iity of
Burlingame and submitted to the Planning Division;
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 thg roof
height or pitch, shall be subject to Planning commission review (Fyl or amendmLnt to be
determined by Planning staff);
that the project shall include two (2) affordable units for a ss-year term; the applicant shall
enter into an agreement for the administration of the sale, renting, or leasing of the affordable
units at least 120 days before the final inspection;
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that the two (2) moderate income restricted affordable units shall remain restricted and
affordable to the designated income group for a minimum period of fifty-five (5s) years (or a
longer period of time if required by the construction or mortgage financing assistance
program, mortgage insurance program, or rental subsidy program);
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 moderate income housing shall be assured in a manner consistent
with Government Code Section 65915(cX'1 );(b) An equity sharing agreement pursuant to Government Code Section 65915(c)(2);(c) The location, dwelling unit sizes, sale or 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;
EXHIBIT "A"
Conditions of Approval for Categorical Exemption and Design Review
1418 Bellevue Avenue
Effective August 19, 2021
Page 2
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that the above noted regulatory agreement regarding the two (2) restric{ed 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;
that the final inspection shall be completed and a certificate of occupancy issued before the
close of escrow on the sale of each unit;
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;
that Citylift Model parking lift system, or an equivalent parking lift system, shall be installed,
with the following conditions:
the parking lifts shall be properly illuminated to provide safety for easy loading and
unloading, while not causing excessive glare.
signage shall be installed explaining the proper use ofthe lifts and emergency contact
information for lift maintenance or problems.
the final design of the parking lifts shall be subject to the review and approval of the
Community Development Direclor.
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14 that the project shall be constructed in accordance with the May 13,
Alternate Materials or Methods of Construction" agreement between
Central County Fire Department;
2019 "Request for
Philip Lesser and
15.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;
that all construction shall abide by the construction hours established in the Municipal Code;16
EXHIBIT "A"
Conditions of Approval for Categorical Exemption and Design Review
1418 Bellevue Avenue
Effective August 19, 2021
Page 3
17.
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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 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;
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;
ldentification 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.
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 cuvfill 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 p@ect; and designated construction access routes, staging areas and
washout areas;
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EXHIBIT "A"
Conditions of Approval for Categorical Exemption and Design Review
1418 Bellevue Avenue
Effective August 19, 2021
Page 4
19 that the applicant shall submit a Construction Noise Control plan
measures such as:
This plan would include
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' 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 dieselpowered fo*lifts for small lifting.
that all off-road diesel-powered equipment used during construction is equipped with
U.S. Environmental Protection Agency (EPA) Tier 4 "final" engines,
that construction access routes shall be limited in order to prevent the tracking of dirt ontothe public right-of-way, clean off-site paved areas and sidewalks using dry sweeping
methods;
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 kepi
on site;
that storage of construction materials and equipment on the street or in the public right-of-
way shall be prohibited;
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 siorm 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;
that trash enclosures and dumpster areas shall be covered and protected from roof andsurface drainage and that if water cannot be diverted from these areas, a self-contained
drainage system shall be provided that discharges to an interceptor;
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EXHIBIT "A"
Conditions of Approval for Categorical Exemption and Design Review
1418 Bellevue Avenue
Effective August 19, 2021
Page 5
that this project shall comply with the state-mandated water conservation program, and a
complete lrrigation Water Management and Conservation Plan together with complete
landscape and irrigation plans shall be provided at the time of building permit application;
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;
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;
29 that the applicant shall obtain a Protected Tree Removal Permit from the Parks Division to
remove the six protected-size trees on the adjacent City Hall property prior to submittal for a
Building Permit and shall coordinate with the City of Burlingame Parks Division regarding the
replacement trees and grates to be located on City Hall property;
30.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;
JI 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;
32 that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water
Management and Discharge Control Ordinance;
33 that the project shall meet all the requirements of the California Building and Uniform Fire
Codes, as amended by the City of Burlingame;
U. that this project shall comply with Ordinance No. 1477 , Exterior lllumination Ordinance;
The following conditions shall be met during the Building lnspection process prior to the
inspections noted in each condition:
that prior to scheduling the foundation inspection a licensed surveyor shall locate the property
corners, set the building envelope;
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;
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EXHIBIT "A"
Conditions of Approval for Categorical Exemption and Design Review
l418 Bellevue Avenue
Effective August 19, 2021
Page 6
37. 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;
38. 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;
39. that the maximum elevation to the top roof parapet shall not exceed elevation j01.g2,, as
measured from the average elevation at the top of the curb along Bellevue Avenue (37.71')
for a maximum height not to exceed 71'-5" to the top of the parapet; 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:
40. that if subgrade structures are proposed, the project sponsor shall prepare a Geotechnical
Study identifying the depth to the seasonal high water table at the project site. No permanent
groundwater dewatering would be allowed. lnstead, all residential uses must be elevated to
above the seasonal high water table and all areas for non-residential uses shall be flood-proofed and anchored, in accordance with floodplain development requirements, to the
design depth as recommended by geotechnical engineer. Final design shail be prepared by a
qualified professional engineer and approved by the Burlingame Department;
41. the project sponsor shall implement all appropriate control measures from the most currenly
adopted air quality plan at the time of project construction;
42. the project sponsor shall ensure implementation of the following mitigation measures duringproject construction, in accordance with BAAQMD standard mitigation requirements:
a. All exposed surfaces (e.9., parking areas, staging areas, soir pires, graded areas, and
unpaved access roads) shall be watered two times per day or as necessary_
b. All haul trucks transporting soil, sand, or other loose material offsite shall be covered or
otherwise loaded consistent with California Vehicle Code Section 231 .14.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wetpower vacuum street sweepers at least once per day. The use of dry sweeping isprohibited.
d. All vehicle speeds on unpaved roads shall be limited to .lS mph.
Conditions of Approval for Categorical Exemption and Design Review
1418 Bellevue Avenue
Effective August 19, 2021
Page 7
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All roadways, driveways, sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding
or soil binders are used.
ldling times shall be minimized either by shutting off equipment when not in use or
reducing the maximum idling time to 5 minutes (as required by the california airborne
toxics control measure Title 13, section 2485 of the california code of Regulations
[CCR]). Clear signage shall be provided for construction workers at all access points.
All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specificatlons. All equipment shall be checked by a certified mechanic
and determined to be running in proper condition prior to operation.
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.
the project sponsor shall implement the following Greenhouse Gas reduction measures
during construction activities:
Alternative-Fueled (e.9., biodiesel, electric) construction vehicles/equipment shall make
up at least 15 percent of the fleet.
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Use at least 10 percent local building materials
Recycle at least 50 percent of construction waste or demolition materials.
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;
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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;
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);
the project sponsor shall incorporate commercial energy efficiency measures such that
energy efficiency is increased to 15% beyond 2008 tifle 24 standards for electricity and
natural gas;
the project sponsor shall incorporate recycling measures and incentives such that a solid
waste diversion rale of 75o/o is achieved upon occupation of each phase of plan
development;
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EXHIBIT "A"
EXHIBIT'A"
Conditions of Approval for Categorical Exemption and Design Review
l418 Bellevue Avenue
Effective August 19, 2021
Page 8
that construction shall avoid the March '15 through August 31 avian nesting period to the
extent feasible, as determined by staff. lf it is not feasible to avoid the neiting period, a
survey for nesting birds shall be conducted by a qualified wildlife biologist no eaiier 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 oiherwise determined by
the biologist. ln the event that an active nest is discovered, clearing/construction shall bepostponed 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;
that for projects within the Plan Area that require excavation, a phase I Environmental Site
Assessment (and Phase ll sampling, where appropriate) would be required. lf 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 accordahce with the
requirements of the Department of roxic substances control (DTSC), Regional water
Quality Control Board (RWQCB), or other jurisdictional agency;
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 stattonary equipment to minimize noise impacts on the community; and- Minimize backing movements of equipment.
b. Use quiet construction equipment whenever possible.
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c lmpact equipment (e.9., jack hammers and pavement breakers) shall be hydraulicalry 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.
the project sponsor shall incorporate the following practice into the construction documents tobe implemented by construction contractors: The project sponsor shall require that loadedtrucks.and other vibration-generating equipment avoid areas of the project site that arelocated near existing residential uses to the maximum extent compaiible with project
construction goals;
EXHIBIT'A"
Conditions of Approval for Categorical Exemption and Design Review
1418 Bellevue Avenue
Effective August 19, 2021
Page 9
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that if the p0ect 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. lf 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.
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 lhe requirements ofthe proposed project, and the size of the existing water main(s). lf the iire 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 rire
Marchal. The project sponsor shall be responsible for implementation of the plan
including installation of new water mains, and/or incorporation of fire water stoiage
tanks and booster pumps into the building design, or other measures as determined 6y
the Fire Marshal.
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 oithe resources
shall be halted and the city of Burlingame shall be notified. The project sponsor shall hire aqualified archaeologist to conduct a field investigation. The City of Burlingame shall consult
with the archeologist to assess the significance of the find. lmpacts 1o 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 lnteriods Standards for Archeological Documentation. Any identified cultural
resources shall be recorded on the appropriate DpR 523 (A-J) form and filad with the NWlc;
that should a unique paleontological resource or site or unique geological feature beidentified at the project construction site during any phase of conltruciion, the project
manager shall cease all construction activrties at the site of the discovery and immediaiely
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 impactls to aless{han-significant level- work may proceed on other parts of the project site whilemitigation 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
EXHIBIT "A"
Conditions of Approvalfor Categorical Exemption and Design Review
1418 Bellevue Avenue
Effective August 19, 2021
Page 10
57 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 Califomia's
Health and Safety Code. lf the remains are determined by the County coroner to be Native
American, the Nalive 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 [rost 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 15@1.5(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.