HomeMy WebLinkAboutReso - PC - 2021.09.27 - 8B\r--i--
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RECORDING REQUESTED BY:
Planning Department
City of Burlingame
WHEN RECORDED MAIL TO:
COMMUNIry DEVELOPMENT DEPARTMENT
CITY OF BURLINGAME
501 PRIMROSE ROAD
BURLINGAME, CA 94010
2021-165531
1:04 onr 'l2t12t21 R1 Fee: NO FEE
Count of Pages 18
Recorded in Official Records
CountY of San Mateo
Mark Church
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Resolution No. 2021 -09.27 .21 -Bb
1814.1820 OGDEN DRIVE
025-121-110 & 025-1 10-120
g I
TITLE OF DOGUMENT
I hereby certify this to be a full, true and conect copy of the
document it purports to be, the original of which is on file in my
office.
October 2021
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\irtJ*ffi
Date:
Kevin Gardiner, AICP, Community Development
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BURLINGAME
APPROVING AN APPLICATION FOR DESIGN REVIEW, CONDITIONAL USE PERMIT,
COMMUNIry BENEFITS, CONDOMINIUM PERMIT AND RECOMMENDING APPROVAL OF
A LOT MERGER AND TENTATIVE CONDOMINIUM MAP FOR CONSTRUCTION OF A NEW
gO-UNIT RESIDENTIAL CONDOMINIUM BUILDING AT 18,I4-1820 OGDEN DRIVE
WHEREAS, on August 25, 2020, DPT 1820 Ogden Drive LLC and 1814 Ogden Drive LLC and
Patel Family Trust filed an application with the City of Burlingame Community Development Department
- Planning Division requesting approval of the following requests:
Environmental Review in accordance with CEQA (15183 checklist);
Design Review for construction of a new 6-story, 90-unit residential condominium development
(c.s.2s.40.020);
Conditional Use Permit for tandem parking and use of mechanical puzzle stackers (C.S.
25.40.050XD);
Approval of Community Benefits Bonuses for a Tier 3 project; the Planning Commission may
approve Tier 3 projects if it determines that a project includes at least three community benefits.
(c.s.25.40.030(BX3);
Condominium Permit for go-unit residential condominium development (C.S. 26.30.020): and
Recommendation of Lot Merger to combine Lots 1 1 & 12 (1814 and 1820 Ogden Drive), Block 7,
Mills Estate No.3.
WHEREAS, on January 25,2021 lhe Planning Commission conducted a duly noticed public
hearing (design review study) to review a 90-unit residential condominium development project. At that
time the project was well received with djrection provided to the applicant to make adjustments to the
project to address privacy and noise concerns for the adjacent senior assisted living facility; and
Following consideration of all information contained in the Septembet 27,2O2l staff report to the
Planning Commission regarding the project, all written conespondenc€, and all public comments
received at the public hearing, the Planning Commission grants approval of the go-unit residential
condominium building based on the following findings regarding the project entiflements:
Desiqn Review Findinosi
That the proposed project supports the pattem 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 proposed massing and
articulation at the front fagade includes three vertical elements that each have different
materials which provide visual interest and breaks up the overall frontage. The exterior
finishes include a mix of differing panel materials including cement plaster in various
colors, composite board, metal panels, horizontal composite siding, and exposed concrete
columns to provide texture and articulation;
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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 pervious pavers, wood benches, table and
chairs, new street trees, planters, and bike racks;
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; that the mass,
bulk and scale have been carefully designed to respect the privacy and interface with the
adjacent senior housing by window placement, wall at the second floor podium, landscape
screening and setbacks; and
That the site is close to transit options and centrally located to shops and services 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 75o/o (110) of the 145 parking spaces
will be in the form of tandem parking and mechanical parking stackers, that the on-site
parking spaces exceed the code required amount (with the 20o/o TDM reduction) by 50
spaces. Forthe 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.
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 90 new residential condominiums proposed are consistent with
the intent and allowable uses in the NBMU Diskict;
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;
Condom inium Permit Findinos
Sound community planning; the economic, ecological, social and aesthetic quatities of the
community; and on public health, safety and general welfare in that the go-unit residential
condominium project is scaled to be compatible with existing multifamily buildings along
Ogden Drive and features ample landscaping with usable common open space in addition
to a public plaza at the street level;
The overall impact on schools, parks, utilities, neighborhoods, streets, traffic, parking and
other communw facilities and resources in that with the mitigations designed in6 the
project in the CEQA 15183 document have found there will be no significant impacts; and
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' 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 Findinqs:
Conformity with the general plan and denstty permitted by zoning regulations, in that the
project provides 90 additional residential units (for home ownership) consistent with the
applicable general plan and zoning designations.
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
September 27, 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, per CEQA Section 15183, Consistency with
the General Plan, is hereby approved.
Section 2. Said Design Review, Conditional Use Permit, Community Benefits Bonuses,
Condominium Permit, and Recommendation of Lot Merger and Tentative Condominium Map are
approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Design
Review, Conditional Use permit, Community Benefits, Condominium Permit and Recommendation of Lot
Merger and Tentative Condominium Map are set forth in the staff report, minutes, and recording of said
meeting.
Section 3. lt is further directed that a certified copy of this resolution be recorded in the official
records of the County of San Mateo.
Chairm an
R r0s Secretary of the Planning 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 27th dav of September, 2021 . by the following vote:
1814-1820 oGDEN DR - RESO 2021-{t9.27{bAYES: GAUL LARIOS, LOFT|S,
SCHMID, TERRONES, TSENOES: NONE
ABSENT COIIAROTO
RECUSED: NONE
3
t,
EXHIBIT "A"
Conditions of Approval for Design Review, Lot Merger, Conditional Use Permit, Community
Benefits, Condominium Permit and Tentative Condominium Map.
'1814-1820 Ogden Drive
Effective October 7, 2021
Page 1
I that the project shall be built as shown on the plans submitted to the Planning Division
date stamped August 27, 2021, sheets A0.0 through A5.6, sheets T-1 through T-3, sheets
11.1 through 13.3 and sheets A1 .0 through 45.6i
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 Councjl; which shall remain a part of all sets of approved
plans throughout the construction process. Compliance with all conditions of approval is
requiredi the conditions of approval shall not be modified or changed without the approval
ofthe Planning Commission, or City Councilon appeal;
that any changes to the size or envelope of the building, which would include expanding
the footprint or floor area ofthe structure, replacing or relocating windows or changing the
roof height or pitch, shall be subject to Planning Commission review (FYl or amendment
to be determined by Planning staf0;
that prior to issuance of a building permit, the project sponsor shall obtain and provide
proof of approval of an Alternate Means of Protection or Methods of Construciion from
Central County Fire Department and that the project shall be constructed in accordance
with the'Request forAlternate Materials or Methods of Construction" agreement between
the applicant (or any future owner) and Central County Fire Department
that the applicant shall apply for a lot merger, tentative and final condominium map with
the PublicWorks, Engineering Division for processing in conformance with the Subdivision
Map Act;
that the building permit set of plans shall include red curbs next to the project driveway to
avoid issues associated with on-street parking obstructing the vision of exiting drivers, as
recommended in the transportation impact analysisi
that the project shall include five (5) affordable units to households of "Low lncome"
category, as defined as earning a maximum of 80olo ofthe San Mateo CountyArea Median
lncome; the City Manager shall be authorized to execute an agreement with the applicant
and the applicant shall ente. into an agreement for the administration of the sale, rent or
lease of the affordable units at least 120 days before the final inspection;
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that the required affordable dwelling units shall be constructed concurrently with markel
rate units;
that the five (5) 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);
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5
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7
1
10
11
12
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(a)
(b)
(c)
(d)
(e)
that the five (5) 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 unjt
layout;
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 agreementwill be a form provided
by the City, and will include the following terms:
The affordability of very low, lower, and moderate income housing shall be
assured in a manner consistent with Government Code Section 65915(c)(1);An equity sharing agreement pursuant to Government Code Section
65915(c)(2);
The location, dwelling unit sizes, rental cost, and number of bedrooms of the
affordable units;
A description of any bonuses and incentives, if any, provided by the City; and
Any otherterms as required to ensure implementation and compliance with this
section, and the applicable sections of the density bonus law;
that the above noted regulatory agreement regarding the five (5) restricted affordable units
shall be binding on allfuture owners and successors in interest; the agreement required
by this Zoning Code Section 25.63.080 is hereby a condition of a development approvals
and shall be fully executed and recorded prior to the issuance of any building or
construction permit for the proposed project;
that priorto issuance of a building permit forthe project, the project applicant shall pay the
flrst half of the North Burlingame/Rollins Road Development Fee in the amount of
$20,776.82, made payable to the City of Burlingame and submitted to the planning
Division;
that prior to scheduling the final framing inspection, the project appticant shall pay the
second half of the North Burlingame/Rollins Road Development Fee in the amount of
$20,776.A2, made payable to the City of Burlingame and submitted to the planning
Division;
that prior to final inspection or the date the certificate of occupancy is issued, whichever
occurs first, the project applicant shall pay the Public lmpact Fees in the amount of
$351,450.30 in full, payable to the City of Burlingame and submitted to the planning
Divisionl
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EXHIBIT "A"
Conditions of Approval for Design Review, Lot Merger, Conditional Use Permit, Community
Benefits, Condominium Permit and Tentative Condominium Map.
'1814-1820 Ogden Drive
Effective October 7, 2021
Page 2
'13.
EXHIBIT "A"
Conditions of Approval for Design Review, Lot Merger, Conditional Use Permit, Community
Benefits, Condominium Permit and Tentative Condominium Map.
1814-'1820 Ogden Drive
Effective October 7, 2021
Page 3
16 that the project shall include the Transportation Demand Management Measures as
proposed in the Transportation Demand Management (TDM) Plan, prepared by Hexagon
Transportation Consultant, lnc., dated November g, 2020;
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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t6 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 25 percent mode split;
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 vehicle trip reduction;
20 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
21 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;
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;
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that the conditions of the Building Division's December 17,2020 memo, the Stormwater
Division's September 9, 2020 memo, the Park's Division's December 23, 2020 memo, Fire
Division's December '19, 2020 memo and the Public-Works Engineering Division,s
December 18, 2020 memo related to the building permit submittal shall be met;
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
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24.
EXHIBIT "A"
Conditions ofApproval for Design Review, Lot Merger, Conditional Use permit, Community
Benefits, Condominium Permit and Tentative Condominium l\,Iap.
1814-1820 Ogden Drive
Effective October 7. 2021
Page 4
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 ofthis condition, prior to installation
of any public safety communications equipment, it if is deemed necessary;
that prior to issuance of a building permit, the project sponsor shall fite Form 7460-1 with
the FAA, and provide to the City of Burlingame an approval of the FAA determination of
no hazard to air navigation;
that the pro.ject applicant shall be required to evaluate potential airport noise impacts ifthe
project is located within the 65 CNEL contour line of San Francisco lnternational Airport
(as mapped in the Airport Land Use Compatibility Plan for the Environs of San Francisco
lnternational 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;
27 that that the project shall comply with the SFO Comprehensive Airport Land Use
Compatibility Plan (ALUCP), specifically in accordance with Safety Compatibility poticy
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
lV-2 of the SFO ALUCP; this table defines uses to avoid and uses that are incompatible,
summarized as follows:
lncomDatible Uses- Use is not compatible in the indicated zones and cannot be
permitted:
a. Children's schools - Public and private schools serving preschool through grade
12, excluding commercial services
b. Large child day care centers and noncommercial employer-sponsored
centers ancillary to a place of business - Commercial facilities defined in
accordance with Health and Safety Code, Section 1596.70, et seq., and licensed
to serve '15 or more chlldren.c. Hospitals, nursing homesd Hazardous uses - Uses involving the manufacture, storage, or processing of
flammable, explosive, or toxic materials that would substantia y aggravate the
consequences of an aircraft accident. See Policy SP-3 of the SFO ALUCP for
additional detail.
e. Critical public utilities - Facilities that, if disabled by an aircraft accident, coutd
lead to public safety or health emergencies. They include the following: etectrical
power generation plants, electrical substations, wastewater treatment plants, and
public water treatment facjlities;
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EXHIBIT "A"
Conditions of Approval for Design Review, Lot Merger, Conditional Use permit, Community
Benefits, Condominium Permit and Tentative Condominium Map.
1814-1820 Ogden Drive
Effective Odober 7, 2021
Page 5
28.that all new development shall be required to comply with the real estate disclosure
requirements of State law and General Plan as outlined in Policy lP-1 of the SFO ALUCP.
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. Forthat 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). lndividual 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."
29 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;
that storage of construction materials and equipment on the street or in the public right-of-
way shall be prohibited;
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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 worke/s vehicles and constructron equipment shall not be
parked in public parking areas with exceptions for construction parking along the street
frontages of the project site;
32 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;
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;
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EXHIBIT "A"
Conditions of Approval for Design Review, Lot Merger, Conditional Use Permit, Community
Benefits, Condominium Permit and Tentative Condominium Map.
1814-1820 Ogden Drive
Effective Oclober 7, 2021
Page 6
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
parking. This coordinator would determine the cause of the complaint and, where
necessary, would implement reasonable measures to conect the problem;
JJ that if construction is done during the wet season (October 1 through April 30), that prior
to October 'l 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;
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;
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;
38 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;
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. lf 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;
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EXHIBIT "A"
Conditions of Approval for Design Review, Lot Merger, Conditional Use permit, Community
Benefits, Condominium Permit and Tentative Condominium Map.
1814-1820 Ogden Drive
Effective Oclober 7, 2021
Page 7
40 that a Protected rree 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;
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;
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 shail be
required to comply with all the regulations of the Bay Area Air Quality Management District;
41
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;
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;
42.
43.
44.
45.
46.
that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water
Management and Discharge Control Ordinance;
that the project shall meet all the requirements of the california Building and uniform Fire
Codes, as amended by the City of Burlingame;
that this project shall comply with Ordinance No. 1477 , Exterior lllumination Ordinance:
that construction access routes shall be limited in order to prevent the tracking of dirt
onto the public rightof-way, clean off-site paved areas and sidewalks using dry sweeping
methods;
The following conditions shall be met during the Building lnspection process prior to the
inspections noted in each condition:
47. that prior to scheduling the foundation inspection a licensed surveyor shall locate the
property corners, set the building envelope;
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48.
EXHIBIT "A"
Conditions of Approval for Design Review, Lot Merger, Conditional Use permit, Community
Benefits, Condominium Permit and Tentative Condominium Map.
1814-1820 Ogden Drive
Effective October 7, 2021
Page 8
50 that prior to final inspection, Planning Division staff will inspect and note compliance of the
architectural details (trim materials, window type, etc.) to verify that the project has been
built according to the approved Planning and Building plans;
The following conditions of approval are from the cEeA lslog checklist prepared for the
proiect:
51 . Mitigation Measure AQ-l: lmplement 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.9., parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shall be watered two times per day.o All haul trucks transporting soil, sand, or other loose material off site shall be
covered.o All visible mud or dirt track-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
o All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.. All roadways, driveways, and sidewalks to be paved shall be completed as soon
as possible. Building pads shall be laid as soon as possible afler grading unless
seeding or soil binders are used.. ldling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to five minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations). Clear signage shall be provided for construction workers at all
access points.
o All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.o A publicly visible sign shall be posted with the telephone number and person to
contact at the Lead Agency regarding dust complaints. This person shall respond
and take corrective action with 48 hours. TheAir District's phone numbershall also
be visible to ensure compliance with applicable regulations;
qt Mitigation Measure AQ-2: BAAQMD Enhanced Exhaust Emissions Reduction
Measures. The applicant shall implement the following measures during construction to
further reduce construction-related exhaust emissions:
1. All diesel-powered off-road equipment larger than 50 horsepower and operating at
the site for more than two days continuously shall meet USEpA particulate matter
emissions standards for Tier 3 engines or equivalent;
a
EXHIBIT "A"
Conditions of Approval for Design Review, Lot Merger, Conditional Use permit, Community
Benefits, Condominium Permit and Tentative Condominium Map.
1814-1820 Ogden Drive
Effective Oclober 7, 2O21
Page 9
2. Where access to alternative sources of power are available, portable diesel engines
shall be prohibited; and
3. All off+oad equipment shall have engines that meet or exceed either USEpA or
CARB Tier 3 (or better) off-road emission standards and Level 3 Diesel particulate
Filters (DPF). Other measures may be the use of added exhaust devices, or a
combination of measures, provided that these measures are approved by the City
and demonstrated to reduce community risk impacts to less than significant;
53 Mitigation Measure BIO-I: 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. lf 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 othena/se determined by the biologist. ln 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.
lf construction activities will not be initiated until after the start of the nesting season, all
potential nesting substrates (e.9., bushes, trees, grasses, and other vegetation) that are
scheduled to be removed by the project may be removed prior to the start of the nesting
season (e.9., priorto March 15). This will preclude the initiation of nests in this vegetation,
and prevent the potential delay of the project due to the presence of active nests in these
substrates;
54 Mitigation Measure BIO-2: lmplement Bird-safe Design Standards into project
Building 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).o lnclude 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 andior 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 sfandards for Bird-
o
EXHIBIT "A"
Conditions of Approval for Design Review, Lot Merger, Conditional Use permit, Community
Benefits, Condominium Permit and Tentative Condominium Map.
1814-1820 Ogden D ve
Effective October 7, 2021
Page 10
safe Buildings provides an overview of building design and lighting guidelines to
minimize bird/building collisions that could be used to gujde the apptacant;
Mitigation Measure CULT-l: 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
importanl, 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 CULT-2). 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 "Alert 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;
56 Mitigation Measure CULT-2: Develop and lmplement a Tribal Cultural and
Archaeological Monitoring Plan: civen the reasonable potential for tribal cullural and
archaeological resources to be present within the proposed work area, the following
measures shall be underlaken to avoid any significant impacts on these potential
resources. A Tribal Cultural and Archaeological l\ronitoring Plan shall be developed by a
qualified archaeologist prior to any Project-related ground disturbance to determine
specific areas of archaeological sensitivity within proposed work areas. The TribalCultural
and Archaeological Monitoring Plan willdetermine whether an onsite Native American and
qualified archaeological monitor are required during project-related ground disturbance.
The plan shall include protocol that outlines tribal cultural and archaeological monitoring
best practices, anticipated resource types, and an Unanticipated Discovery protocol. The
Unanticipated Discovery Protocol shall describe steps to follow if unanticipated
archaeological discoveries are made during project work and a chain of contact,
Mitigation Measure CULT-3; Unanticipated Discovery protocol: Should an
archaeological resource be encountered during Project construction activities, the
construction contractor shall halt construction within 100 feet of the find and immediately
notify the City of Burlingame. Construction activities shall be redirected, and a qualified
archaeologist shall 1) evaluate the archaeological resource to determine if it meets the
CEQA definition of a historical or unique archaeological resource and 2) make
recommendations about the treatment of the resource, as warranted. lf the resource
does meet the CEQA definition of a historical or unique archaeological resource, then it
shall be avoided to the extent feasible by project construction activities. lfavoidance is not
feasible, then adverse effects to the deposit shall be mitagated through an archaeological
10
EXHIBIT "A"
Conditions of Approval for Design Review, Lot Merger, Conditional Use permit, Community
Benefits, Condominium Permit and Tentative Condominium Map.
1814-1820 Ogden Drive
Effective Oclober 7, 2021
Page 1 '1
treatment plan. This mitigation may include, but is not limited to, a thorough recording of
the resource on Department of Parks and Recreation Form 523 records, archaeological
data recovery excavation, curation of artifacts found, the preparation of an archaeological
monitoring report, and public interpretation;
58 Mitigation Measure CULT.4: Handling of Human Remains: lf any human remains are
discovered during ground-disturbing activities, an evaluation shall be performed to assess
likely age and provenance in a manner that is respectful of the disturbed remains. lf
determined to be, or likely to be, Native American, the District shall comply with state laws
regarding the disposition of Native American burials, which fall within the jurisdiction of
NAHC (PRC Section 5097). lf human remains are discovered or recognized in any location
other than a dedicated cemetery, there shall be no further excavation or disturbance within
50 feet of the until:
1 . The county coroner has been informed by the District and has determined whether
investigation of the cause of death is required
2. lf the remains are of Native American origin:
a. The descendants of the deceased Native Americans have made a
recommendation to the landowner or the person responsible for the excavation
work for means of treating or disposing of, with appropriate dignity, the human
remains and any associated grave goods as provided in pRC Section 5097.gg;
or
b. NAHC was unable to identify a descendant or the descendant failed to make a
recommendation within 24 hours after being notified by the commission.c. NAHC recommends a Most Likely Descendant to make a recommendation to
the landowner or the person responsible for the excavation work for means of
treating or disposing of, with appropriate dignity, the human remains and any
associated grave goods as provided in PRC Section 5097.98.
According to California Health and Safety Code, disturbance of Native American
cemeteries is a felony (section 7052). section 7050.5 requires that excavation be stopped
in the vicinity of the discovered human remains until the coroner can determine whether
the remains are those of a Native American:
59 General Plan Mitigation Measure 12-1. paleontological Assessment: ln areas
containing middle to late Pleistocene-era sediments where it is unknown if paleontological
resources exist, prior to grading an assessment shall be made by a qualified
paleontological professional to establish the need for paleontological monitoring. should
paleontological monitoring be required after recommendation by the professional
paleontologist and approval by the community Development Director, paleontological
monitoring shall be implemented.c Paleontological Monitoring. A project that requires grading plans and is located in
an area of known fossil occurrence or that has been demonstrated to have fossils
11
EXHIBIT "A"
Conditions of Approval for Design Review, Lot Merger, Conditional Use permit, Community
Benefits, Condominium Permit and Tentative Condominium Map.
18'14-1820 Ogden Drive
Effective October 7, 2021
Page 12
present in a paleontological field survey or other appropriate assessment shall
have all grading monitored by trained paleontological crews working under the
direction of a qualified professional, so that fossils exposed during grading can be
recovered and preserved. Should any potentially unique fossils be encountered
during development activities, work shall be halted immediately within 50 feet of
the discovery, the City of Burlingame Planning Department shall be immediately
notified, and a qualified paleontologist shall be retained to determine the
significance of the discovery.
Paleontological Recovery, ldentification, and Curation. The City and a project
applicant shall consider the mitigation recommendations of the qualified
paleontologist for any unanticipated discoveries. The City and the project applicant
shall consult and agree upon implementation of measures that the City and project
applicant deem feasible and appropriate_ Such measures may include avoidance,
preservation in place, excavation, documentation, curation, data recovery, or other
appropriate measures. The project applicant shall be required to implement any
mitigation necessary for the protection of paleontological resources.
Paleontological Findings. Qualified paleontological personnel shall prepare a
report of findings (with an itemized appendix of specimens) subsequent to
implementation of paleontological recovery, identification, and curation. A
preliminary report shall be submitted, subject to approval by the Community
Development Director before granting of building permits, and a final report shall
be submitted, subject to approval by the Community Development Director before
granting of occupancy permits;
60 Mitigation Measure NOI-I: 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:. All construclion equipment shall be properly maintained and in good working order.o Prior to construction activities, designate a 'Construction Noise Coordinator,, who
would be responsible for responding to any local complaints about construction
noise. The Construclion Noise Coordinator shall determine the cause of the
complaint and shall require that reasonable measures warranted to correct the
problem be implemented. The telephone number for the Construction Noise
Coordinator shall be conspicuously posted at the construction site.o Prior to construction activities, notify adjacent residents of the construction
schedule in writing and provide them with the contact information of the
Construction Noise Coordinator.
12
EXHIBIT "A"
Conditions of Approval for Design Review, Lot Merger, Conditional Use permit, Community
Benefits, Condominium Permit and Tentative Condominium Map.
18'14-1820 Ogden Drive
Effective Octobet T, 2021
Page 13
. 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.
o 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.
o Prohibiting gasoline or diesel engines from having unmuffled exhaust systems.o Not idling inactive construction equipment for prolonged periods (i.e., more than
5 minutes).
o 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;
62 Mitigation Measure TRA-I: 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. 10'1, as determined by the City Engineering Department; all site ingress and egress
shall occur only at the main driveways to the Project site; speciflcally designated travel
routes for large vehicles shall be monitored and controlled by flaggers; warning signs,
61. Mitigation Measure NOI-2: Employ Vibration-Reducing Practices and Complaint
Reporting during Construction: As construction conditions permit, heavy vibration-
producing equipment such as vibratory rollers, large bulldozers, auger drill rigs, loaded
trucks, and rock breakers will be located at least 25 feet away from adjacent buildings.
During construction, if this type of equipment is required inside 25 feet, alternative
techniques that rely on smaller equipment types shall be used. lf the use of heavy
equipment is required within 25 feet of buildings and no equipment alternatives are
feasible, a designated coordinator shall be responsible for handling and responding to any
complaints received during such periods of construction. A reporting program shall be
required that documents complaints received, actions taken, and the effectiveness of
these actions in resolving disputes. The designated coordinator shall also address and
resolve complaints from vibration-related impacts, even if the heavy-vibration equipment
is greater than 25 feet from adjacent buildings;
13
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; and
63 Mitigation Measure TCR-{: Stop Work if Precontact or Historic-period Tribal Cultural
Materials are Encountered During Ground-disturbing Activities: lf precontact or
historic-period cultural materials are unearthed during ground-disturbing activities, all work
within 50 feet of the find will halt until a qualified archaeologist and Native American
representative can assess the significance of the find. lf the find is determined to be a
potentially significant TCR, the Project contractor will cause the archaeologist, in
consultation with the Native American representative, to develop a treatment plan, which
could include site avoidance, capping, or data recovery. The Project contractor or the
appropriate agency will be responsible for ensuring that recommendations regarding
treatment and reporting are implemented.
14
EXHIBIT "A"
Conditions of Approval for Design Review, Lot Merger, Conditional Use Permit, Community
Benefits, Condominium Permit and Tentative Condominium Map.
1814-1820 Ogden Drive
Effective Oclobet T, 2021
Page 14