HomeMy WebLinkAboutReso - PC - 2021.10.25 - 8D-EntitlementsDocuSign Envelope lD: 26539A68-3030-41 FA-BSC7494SO41OD2B4
RECORDING REQUESTED BY:
Planning Department
City of Burlingame
WHEN RECORDED MAIL TO:
COMMUNITY DEVELOPMENT DEPARTMENT
CIW OF BURLINGAME
501 PRIMROSE ROAD
BURLINGAME, CA 94010
2022-014163
1:25 pm 02116122 R1 Fee: NO FEE
Count of Pages 14
Recorded in Official Records
County of San Mateo
Mark Church
Assessor-Cou nty C lerk-Recorder
t ilil i i lllill iti t]ti ilril ilfl ililtiililililfii ilil ilililil il ilt ilt*$R0003214811$*
Resolution No. 2021-1 0.2S-8D-ENTITLEMENTS
567 AIRPORT BLVD.
APN 026-363-590 & 026-363-470
TITLE OF DOCUMENT
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.
2022
&r^^it,u hrhlu
tA
rrUNE
\-
Date:
Kevin Gardiner,unity Development
,+(
RESOLUTION NO. 202I.I0.25.2I-8d-ENTITLEMENTS
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BURLINGAIIIE
RECOMMENDING APPROVAL OF APPLICATIONS FOR COMMERCIAL DESIGN REVIEW
AND CONDITIONAL USE PERiIIITS FOR FLOOR AREA RATIO AND BUILDING HEIGHT
FOR A NEW EIGHT-STORY, OFFICE'RESEARCH AND DEVELOPMENT BUILIDNG AND
PARKING GARAGE AT 567 AIRPORT BOULEVARD
(ASSESSOR PARCEL NOS: 026-363-590 and 026-363"170)
WHEREAS, on May 12, 2020, EW - PG Airport Owner, LLC (property later sold to
Peninsula Owner LLC) filed an applicataon with the City of Burlingame Community Development
Department - Planning Division requesting approval of the following requestsi
Environmental Review in accordance with CEQA; lnitial Study/Mitigated Negative
Declaration;
Commercial Design Review for construction of a new 8-story, office/research and
development building and parking garage (Code Sections 25.47.060 and 25.57.0'10(c));
Conditional Use Permit for Floor Area Ratio greater than 0.6 FAR (0.9 FAR proposed)
(C.S. 25.a7.040 (a)); and
. Conditional Use Permit for Building Height (133-0",8 stories proposed to the top ofthe
office building and 65 -0", 6levels proposed to the top ofthe parking structure, where
65 -0" or 5 stories, whichever is less, is the maximum allowed) (C.S. 25.47.025 (D.
WHEREAS, on November 23, 2020 the Planning Commission conducted a duly noticed
public hearing (environmental scoping session and design review study meeting) to review a new
eighlstory, oftice/research and development building and parking garage and to identify subjects
to be analyzed in the project lnitial Study/lritigated Negative Declaralion (lS/lilND). At that time
direction was provided to the applicant regarding issues to be addressed in the project lS/MND;
and
WHEREAS, an IS/MND was prepared to analyze project impacts; said IS/MND was
circulated for public review and comment commencing on June 28, 2021 and concluding on July
29, 202'l; a Final IS/MND, which comprises of the Responses to Comments, together with the
Draft lS/IilND, Draft lS/MND appendices, and the Mitigation Monitoring and Reporting Program,
was also prepared; and
Following consideration of all informatjon contained in the October 25, 2021 staff report to
the Planning Commission regarding the project, all written correspondence, and all public
comments received at the public hearing, the Commission grants approval of the proposed eigh!
story, office/research and development building and parking garage based on the following
findings regarding the project entitlements:
I
That the proposed building and parking garage, setback 142 feet and 342 feet fromthe property line adjacent to the Burlingame Lagoon, respectively, maintains
accessibility to the existing Bay Trail along the shoreline, retains the network of
interconnected open spaces in the Anza Area, and continues to provide for maximum
user access and supports recreational use by those who work in the area as well as
those who visit;
That the proposed building and parking garage, located more than 200 feet from
Airport Boulevard, are placed on the property so as not to dominate the street frontage;
and that the proposed building and parking garage, setback 142feel and 342 feet from
the property line adjacent to the Burlingame Lagoon, respectively, provide ample open
space to the Burlingame Lagoon and Bay Trail;
That the proposed project includes a variety of materials, finishes, and architectural
treatments, designed in such a way that is compatible with the surroundings, including
preJinish metal panels, fins, columns, rooftop screening, metal sunshades and
canopies, and high-performance glazing for the proposed Office/R&D building and
painted concrete columns and spandrels, pre-finish metal panels, metal fins, metal
wire mesh or perforated metal panels, cable railing, and Low-E green/blue tinted vision
glazing for the parking garage;
that the site is surrounded by 5 to 8 story buildings and therefore would be compatible
with the mass and bulk of buildings in the area; that the project's parking garage is
located behind an existing S-story building and therefore would be screened from
Airport Boulevard; and
That the floor area ratio (FAR) of 0.9 proposed on the site (including the two existing
commercial buildings on the site), although greater than 0.6 FAR allowed currenfly
in the Zoning Code, is significantly less than and in compliance with the maximum
allowed FAR of 3.0 under the adopted new General Plan, and therefore 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, since it is
well articulated with substantial recesses and will be compatible with buildings in the
area that are five to eight stories in height;
That the proposed commercial use, at the proposed FAR of 0.9, will be located and
conducted in a manner in accord with the Burlingame general plan and the purposes
of this title; and
That reasonable conditions are proposed to assure operation of the use in a manner
compatible with the aesthetics, mass, bulk and character of existing and potential
uses on adjoining properties in the general vicinity.
2
Commercial Desiqn Review Findinqs;
' that proposed landscaping on the site, including retaining 148 existing trees on-site
and adding 251 new trees, is designed in such a way that it enhances and creates a
buffer with Burlingame Lagoon.
Conditional Use Permit Findinqs for Floor Area Ratio:
Conditional Use Permit Fin dinqs for Buildino Heioht:
That the proposed eight-story building, measuring 133 -0" in height and the proposed
six-level parking garage, measuring 65 -0" in height, at the proposed locations, 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, since it
is well articulated with substantial recesses and will be compatible with buildings in
the area that are five to eight stories in height;
That the proposed commercial use will be located and conducted in a manner in
accord with the Burlingame general plan and the purposes of this title; and
. That reasonable conditions are proposed to assure operation ofthe use in a manner
compatible with the aesthetics, mass, bulk and character of existing and potential
uses on adjoining properties in the general vicinity.
WHEREAS, said matters were heard by the Planning Commission of the City of
Burlingame on October 25, 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 2. lt is further directed that a certified copy of th solution be record ed in
the official records of the County of San Mateo.
Chairperson
Michael Gaul Secretary of the Burlingame Planning Commission, do hereby certify that the
foregoing resolution was adopted at a regular meeting of the Planning Commission held on the
25th dav of O ctober.202'1 by the following vote
5G7 AIRPORT BLVI' - RESO 2O2I-I0254D€NTITLE EI{TSAYES: GAUL, LOmS,
SCH ID, TERRO ES, TSENOES: NONE
ABSEIT: CO AROTO, LARTOS
RECUSED: NO E
I,
J
Secretary
Section 1 . Said Commercial Design Review and Conditional Use permits are
approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such
Commercial Design Review and Conditional Use Permits are set forth in the staff reporl, minutes,
and recording of said meeting.
I
EXHIBIT "A"
Conditions ofApproval for Commercial Design Review and Conditional Use Permits
567 Airport Boulevard
Effective November 4, 2021
Page 1
that the project shall be built as shown on the plans submitted to the Planning Division
date stamped September 30, 2021, sheets A1 through A11.1, Cl.0 through C5.0, Ll
through L5, and LT-1 through LT-28; and that the maximum elevation at the top of the
building parapet shall not exceed elevation 145.00 feet as shown on the plans;
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 Planning Commission, or City Council on appeal; which shall
remain a part of all sets of approved plans throughout the construction process.
Compliance with all conditions of approval is required; the conditions of approval shall not
be modified or changed without the approval ofthe Planning Commission, or City Council
on appeal;
that any changes to the size or envelope of building, which would include changing or
adding exterior walls or parapet walls, or changes to building materials, exterior finishes,
windows, architectural features, roof height or pitch, and amount or type of hardscape
materials shall be subject to Planning Division or Planning Commission review (FYl or
amendment to be determined by Planning staf0;
that the conditions ofthe Building Division's September 21 and May 19, 2020 memos, the
Fire Division's November 3, October 7, and June 20, 2020 memos, the Engineering
Division's October '19 and lvlay '19, 2020 memos, the Parks Division's October 7 and lvlay
28, 2020 memos, and the Stormwater Division's October 27, Octobet 1 and May 27,2020
memos shall be met;
that the applicant shall submit to the Department of Public Works, Engineering Division
any required applications for a tentative and final parcel map for processing in
conformance with the Subdivision Map Act;
that construction of the foundation systems for the building and parking garage shall not
include pile driving;
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 prope(y owner. The applicant shall provide an electrical supply
source for use by the equipment. The applicant shall permit authorized representatives ofthe
City to gain access to the equipment location for purposes of installation, maintenance,
adjustment, and repair upon reasonable notice to the property owner or owner's successor in
interest. This access and location agreement shall be recorded in terms that convey the intent
and meaning of this condition;
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4
5
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4
o
EXHIBIT "A"
Conditions of Approval for Commercial Design Review and Conditional Use permits
567 Airport Boulevard
Effective November 4, 2021
Page 2
a
10
11
12.
13.
14
15
that prior to issuance of a building permit for the project, the applicanl shall pay the first
half of the Bayfront Development fee in the amount of $336,054.65, made payable to the
City of Burlingame and submitted to the Planning Division;
that prior to approval of final framing of the building, the applicant shall pay the second
half of the Bayfront Development fee in the amount of $336,054.65, made payable to the
City of Burlingame and submitted to the Planning Division;
that prior to issuance of a building permit for the project, the applicant shall pay the
affordable housing commercial linkage fee in the amount of $4,833,580 (with prevailing
wages) or $6,041,975 (without prevailing wages), made payable to the City of Burlingame
and submitted to the Planning Division;
that prior to issuance of a building permit for the poect, the applicant shall pay the public
lmpact Fees in the amount of $562,145.35, made payable to the City of Burlingame and
submitted to the Planning Division;
that the p@ect shall include the Project Transportation Demand Management (TDM)
Measures as proposed in the TDM Plan, prepared by Krupka Consulting, dated Novembei
6,2020,
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;
that the TDM annual report shall provide information about the level of alternative mode-
uses and in the event a 20 percent mode shift (i.e., proportion of occupants that use
something other than a car to/from the subject property) towards alternative transportation
is not met, the report shall explain how and why the goal has not been reached; in such a
circumstance the annual report shall identify a work plan, to be approved by the City of
Burlingame, which describes additional or alternative measures for implementation ihat
would be necessary to enhance the TDM program to attain the TDM goal of 20 percent
mode shift;
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 peiiod,, to implement
additional TDM measures to achieve the 20 percent mobility mode shift;
that prior to the issuance of a certificate of occupancy, a covenant agreement shall be
recorded with the san Mateo county Assessor and Recorder's office to provide
constructive notice to all future owners of the property of any ongoing programmatic
requirements that discloses the required rransportation Demand Manigement (TDM)
provisions and any conditions of approval related herein to compliance and reporting foi
the TDM;
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16.
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19
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EXHIBIT "A"
prior to issuance of a building permit for vertical construction, the project sponsor shall
verify that the January 8,2021, FAA determination of no hazard to air navigation for the
project is still current and has not expired (July 8, 2022) and if expired a new FAA
determination of no hazard to air navigation shall be submitted to the City of Burlingame
prior to building permit issuance for vertical construction;
that a Protected Tree Removal Permit shall be required from the City of Burlingame parks
Division to remove any existing protected size trees on the subject property and that the
project shall comply with the Tree Protection and Reforestation Ordinance adopted by the
City of Burlingame and enforced by the Parks Department; complete landscape and
irrigation plans shall be submitted at the time of building permit application for vertical
construction 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;
21.
that demolition or removal of the existing structures and any grading or earth moving on
the site shall not occur until a sitework 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;
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;
that construction access routes shall be limited in order to prevent the tracking of dirt
onto the public right-of-way, clean off-site paved areas and sidewalks using dry sweeping
methods;
22
23.
24 that the applicant shall prepare a construction staging and traffic control plan for the
duration of construction for review and acceptance by the City Englneer prior to the
issuance of a building permit for vertical construction; the construction staging plan shall
include construction equipment parking, construction employee parking, timing and
duration of various phases of construction and construction operations hours; the staging
plan shall address public safety and shall ensure that worker's vehicles and constru&ion
equipment shall not be parked in public parking areas with exceptions for construction
parking along the street frontages of the project site;
6
Conditions of Approval for Commercial Design Review and Conditlonal Use Permits.
567 Airport Boulevard
Effective November 4, 2021
Page 3
18.
EXHIBIT "A"
Conditions of Approval for Commercial Design Review and Conditional Use permits.
567 Airport Boulevard
Effective November 4, 2021
Page 4
25
26
27.
28
29
that the project applicant and its construction conlractor(s) shall develop a construction
management plan for review and approval by the City of Burlingame. The plan must
include at least the following items and requirements to reduce, to the maximum extent
feasible, traffic and parking congestion during construction:
a. A set of comprehenstve traffic control measures, including scheduling of major
truck trips and deliveries to avoid peak traffic hours, detour signs if required, lane
closure procedures, signs, cones for drivers, and designated construction access
routes;b. 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;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 t[e
project applicant; ande. 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 lmplement reasonable measures to correct the problem.
that if construction is done during the wet season (october 1 through April 30), that prior
to construction during the wet season the developer shall implement a winterizationprogram to minimize the potential for erosion and polluted runoff by inspecting,
maintaining and cleaning all soil erosion and sediment control prior to, ouring, an!
immediately after each storm even; stabilizing disturbed soils throughout tempoiiry orpermanent seeding, mulching matting, or tarping; rocking unpaved vehicle access to iimit
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 togethei wit-h complete
landscape and irrigation plans shall be provided at the time of building permit application
for vertical construction;
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 debiis from entering;
that the applicant shall comply with ordinance 1s03, the city of Burlingame storm water
Management and Discharge Control Ordinance;
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30
EXHIBIT ..A"
Conditions of Approval for Commercial Design Review and Conditional Use permits
567 Airport Boulevard
Effective November 4, 202'l
Page 5
31. that this project shall comply with Ordinance No. 1477, Exterior lllumination Ordinance;
32. that the project shall meet all the requirements of the California Building and Uniform Fire
Codes, as amended by the City of Burlingame;
The following five (5) conditions shall be met during the Building Inspection process prior
to the inspections noted in each condition:
33. that prior to scheduling the foundation inspection a licensed surveyor shall locate the
property corners, and set the building envelope;
34. that prior to the underfloor frame inspection the surveyor shall certify the first floor elevation
of the new structure;
35. 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 isno 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;
36. that prior to scheduling.the roof deck inspection, a licensed surveyor shall shoot the height
of the roof parapet and provide certification of that height to the Building Division;
37 . that prior to final inspection, Planning Division staff will inspect and note compliance of thearchitectural details (trim materials, window type, etc.) to verify that the project has been
built according to the approved planning and Building plans;
Mitigation Measures from lnitial Study
Air Quality
38. The Project Sponsor shall ensure that all off-road diesel-powered equipment greater than
50 horsepower used during construction is equipped with engines ihat meeiepA Tier eFinal emission standards.
Biological Resources
39. The Project Sponsor sha.ll protect nesting birds and their nests during construction throughimplementation of the following measures:
a. construction shall. avoid the avian nesting period (February 1 through August 31)to the extent feasible.
8
EXHIBIT "A"
Conditions ofApproval for Commercial Design Review and Conditional Use Permits
567 Airport Boulevard
Effective November 4, 202'1
Page 6
lf it is determined that construction may cause a direct impact or
abandonment of an active nest, the qualified biologist shall establish a no-
disturbance buffer around the nest(s), and all Project work shall halt within
the buffer to avoid disturbance or destruction until a qualified biologist
determines that the nest is no longer active. Typically, buffer distances are a
minimum of 50 feet for passerines, 250 feet for raptors, and 500 feet for
peregrine falcons; however, the buffers may be decreased if an obstruction,
such as a building, is within the line of sight between the nest and
construction-
t.Modifying nest buffer distances, allowing certain construction activities within
the buffer, and/or modifying construction methods in proximily to active nests
shall be approved by the qualified biologist and in compliance with the
Califomia Fish and Game Code and other applicable laws.
Any work that must occur within established no-disturbance buffers around
active nests shall be monitored by a qualified biologist. lf adverse effects in
response to Project work within the buffer are observed and could
compromise the nest, work within the no-disturbance buffe(s) shall halt until
the nest occupants have fledged.
c.
9
b.lfconstruction occurs during the bird nesting season, a qualified wildlife biologist*
shall conduct a nesting bird preconstruction survey within 7 days priorto the start
of construction at areas that have not been previously disturbed by Project
aclivities or after any construction breaks of 10 days or more. The survey shall
be performed within a radius of 100leet and 500 feet of the construction area to
locate any active nests of passerine and raptor (including peregrine falcon)
species, respectively, and shall be in those areas that constitute suitable habitat
for the species.
lf active nests are located during the preconstruction nesting bird survey, a
qualified biologist shall determine if the schedule of construction activities could
affect active nestsi if so, the following measures shall apply:
i. lf the qualified biologist determines that construction is not likely to affect an
active nest, construction may proceed without restriction; however, a
qualified biologist shall regularly monitor the nest at a frequency determined
appropriate for the surrounding construction activity to confirm there is no
adverse effect. Spolcheck monitoring frequency shall be determined on a
neslby-nest basis, considering the particular construction activity, duration,
proximity to the nest, and physical barriers that may screen activity from the
nest.
EXHIBIT "A"
Conditions of Approval for Commercial Design Review and Conditional Use permits.
567 Airport Boulevard
Effective November 4, 2021
Page 7
Any birds that begin nesting within the Project site and survey buffers amid
construction activities are assumed to be habituated to construction-related
or similar noise and disturbance levels. Work may proceed around these
active nests, subject to the measure above that begins with "Modifying nest
buffer distances..."
The Project Sponsor shall protect bats during construction by implementation of the
following measures:
a A qualified wildlife biologist (i.e., experienced with roosting habitats in trees and
the life histories of local bats) shall examine trees for suitable bat roosting habitat
(e.9., large tree cavities, basal hollows, loose or peeling bark, large snags, palm
trees with intact thatch) prior to removal or trimming. Trees that provide suitable or
potentially suitable bat habitat shall be flagged and identified as habitat. Because
of the limited timeframe for tree removal (September 15 to October 31), the tree
habitat assessment should be conducted early to provide information for tree
removal planning. Riparian woodlands, orchards, and stands of mature broadleaf
trees are considered potential habitat for solitary foliage-roosting bat species.
Because signs of bat use are not easily found, and because trees cannot be
completely surveyed for bat roosts, the protective measures listed below shall be
implemented for trees that contain potential roosting habitat.
Removal or disturbance of trees that provide bat roosting habitat shall be avoided
between April 1 and September 15 (the maternity period) to avoid effects on
pregnant females and active maternity roosts (whether colonial or solitary).
Removal of trees providing bat roosting habitat shall be conducted between
September'15 and October 31, which corresponds to the time period when bats
have not yet entered torpor or begun caring for nonvolant young.
lf a maternity roost is found, whether solitary or colonial, that roost shall remain
undisturbed until September 15 or until a qualified biologist has determined that
the roost is no longer active. The qualified biologist shall determine the extent of
suitable no-work buffers around roost and/or hibernaculum sites_ Buffer distances
may vary, depending on the species and activities being conducted.
i Removal of trees (September 15 to Oc{ober 31) that provide suitable roosting
habitat shall be monitored by qualified biologists. Trees that provide suitable
habitat for bats shall be trimmed and/or removed in a two-phase removal process
conducted over two consecutive days. ln the afternoon on the first day, Iimbs and
branches shall be removed by a tree cutter, using chainsaws only. Limbs with
cavities, crevices, or deep bark fissures shall be avoided, and only branches or
40.
c.
d
b.
10
EXHIBIT "A"
Conditions of Approval for Commercial Design Review and Conditional Use permits
567 Airport Boulevard
Effective November 4, 2021
Page 8
41.
limbs without those features shall be removed. On the second day, the entire tree
shall be removed. Biologists shall search downed vegetation for dead and injured
bats. The presence of dead or injured bats that are species of special concern
shall be reported to CDFW. The biologist shall prepare a biological monitoring
report, which shall be provided to the Project lead, sponsor, and CDFW.
The loss of occupied roosting habitat shall be mitigated by constructing and/or
installing suitable replacement habitat on the Project site_ Suitable replicement
habitat could include a bat house mounted on a pole or on the side of a building
or structure at least 10 feet off the g.ound to protect it from predators. Bat
houses are usually made of wood or a combination of wood and other materials
(e.9., metal and plastic) and vary in size. Bat Conservation lnternational
recommends that bat houses be at least 24 inches high and 16 inches wide.
Existing and new buildings as well as landscaped areas on the project site
afford ample opportunities for placement of a bat house.
Placement and installation methods for replacement habitat shall be designed
so as not to affect riparian habitats or other sensitive natural communities orstate or federally protected wetlands. ln addition, the installation of
replacement habitat shall avoid the avian nesting period (February 1 through
August 31) to the extent feasibte. lf not, Mitigation Measure AtO-t snatt 5e
implemented prior to installation. A roosting habitat design and monitoring plan
shall be developed in coordination with CDFW. The roosting habitat shlil be
monitored to ensure it functions as intended.
The applicant, or contractor, shall implement the following measures to minimize hazards
for birds:
a. Reduce large areas of transparent or reflective glass;
b. Locate water features, trees, and bird habitat away from building exteriors to reduce
reflection;
c. Reduce or eliminate the visibility of landscaped areas behind glass;
d. Turn non-emergency righting off at night, especially during bird migration season
(February-May and August-November);
e. 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; and
11
EXHIBIT "A"
Conditions of Approval for Commercial Design Review and Conditional Use permits
567 Airport Boulevard
Effective November 4, 2021
Page 9
Design and/or install light fixtures that minimize light pollution, including tight
trespass, over-illumination, glare, light clutter, and skyglow, and use bird-friendly
colors for lighting when possible. The City of San Francisco's Standards for Bird-
safe Buildings provides an overview of building design and lighting guidelines to
minimize bird/building collisions that could be used to guide the applicant.
Cultural Resources
The applicant shall retain a professional archaeologist to provide a preconstruction briefing
to supervisory personnel of any excavation contractor and alert them to the possibility of
exposing significant prehistoric archaeological resources within the Project site. During
the briefing, the archaeologist shall discuss archaeological objects that could be exposed,
the need to stop excavation at the site of the discovery, and the procedures to follow
regarding protection of the discovery and notification of the Project Sponsor and
archaeological team. An "Alert Sheet" shall be posted in conspicuous locations at the
Project site to alert personnel to the procedures and protocols to follow regarding the
discovery of potentially significant prehistoric archaeological resources.
t.
42.
44 ln areas containing Middle to Late Pleistocene-€ra 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 ihe professionil
paleontologist and approval by the community Development Director, paleontological
monitoring shall be implemented.
12
ln the event that archaeological resources are encountered during construction, work shall
halt within at least 100 feet of the discovery and the area avoided until a qualified
professional archaeologist has evaluated the situation and provided appropriate
recommendations. lf the find is determined to be potentially significant, the archaeologist,
in consultation with the Native American representative, shall develop a treatment plan,
which could include site avoidance, capping, or data recovery.
43. lf human remains are unearthed during construction, pursuant to Section 50977.98 of the
Public Resources Code and Section 7050.5 of the State Health and Safety Code, there
shall be no further excavation or disturbance of the site or any nearby area reasonably
suspected 1o overlie adjacent human remains. The county coroner shall be informed to
evaluate the nature of the remains. lf the remains are determined to be of Native American
origin, the Lead Agency shall work with the NAHC and the project Sponsor to develop an
agreement for treating or disposing of the human remains.
Geology/Soils
EXHIBIT "A"
Conditions of Approval for Commercial Design Review and Conditional Use permits.
567 Airport Boulevard
Effective November 4, 2021
Page 10
Noise
45. Best practices to minimize construction noise include the following
a Limiting heavy equipment use to daytime hours not regulated by the City (i.e.,
between 8:00 a.m. and 7:00 p.m. Monday to Friday and 9:00 a.m. to 6:00 p.m.
on Saturday);
Locating stationary equipment (e.9., generators, pumps, cement mixers, idling
trucks) as far as practical from noise-sensitive land uses;
Constructing barriers between noise sources and noise-sensitive land uses or
taking advantage of existing barrier features (e.g., buildings) to block sound
transmission to noise-sensitive land uses (the barriers should be designed to
obstruct the line-of-sight between the noise-sensitive land use and onsite
construction equipment); and
h.Notifying adjacent residents in advance of construction work.
As required, the applicant shall provide acoustical treatments for building mechanical
equipment, such as the HVAC system and emergency generator, to ensure that noise
levels do not exceed lhe City daytime noise level limit of 60 dBA L"o or the nighttime noise
limit of 50 dBA L"q at the property line. Required performance standards for acoustical
treatments can be specified by a qualified acoustical consultant. Treatments include, but
are not limited to:
b
c
a. Constructingenclosuresaroundnoise-generatingmechanicalequipment,
b. Using mufflers or silencers on equipment exhaust fans, and
c. Limiting the testing of emergency generators to daytime hours (7:00 a.m. to 10:00
p.m.).
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Requiring that all construction equipment powered by gasoline or diesel engines
have sound-control devices such as exhaust mufflers 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;
Using equipment powered by electric motors instead of gasoline or diesel-
powered engines;
Preventing excessive noise by shutting down idle vehicles or equipment;
Using noise-reducing enclosures around noise-generating equipment;
d.
e.
t.
s
46.