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HomeMy WebLinkAboutReso - PC - 2021.09.27 - 8B\r--i-- DocuSi gn Envelope lD : 7 1 4427 6C-21 6E-4AF9-ACA5- 1 A0 1 E30AB5D E 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 1l!ill!lllllll[lll[ill[ilu ilil 1 itilllil$* 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 tr^^rru \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; 1 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 2 ' 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; 8 9 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); 2 3 4 5 6 7 1 10 11 12 14 (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 2 15 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; 17 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; 22 23 19 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 3 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; 4 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; 31 30 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; a b E 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; b 34 35 36 3t 20 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; 7 49 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