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HomeMy WebLinkAboutReso - PC - 2020.05.11 - 8ADocuSign Envelope lD: DEA78943-1 992-4629-840A-8ECD93E45D97 RECORDING REQUESTED BY: Planning Department City of Burlingame WHEN RECORDED MAIL TO: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CA 94010 2021-167800 10:37 am 12lDet21 Rl Fee: NO FEE Count of Pages 13 Recorded in Official Records County of San Mateo Mark Church Clerk-Recorder ililIil*$ilillt lllilllilililililil00031 lil ilililu R Resolution No. 2020-05.1 1 -8a 250 ANZA BOULEVARD APN 026-290-380 $* TITLE OF DOGUMENT I hereby certify this to be a full, true and correct copy of the document it purports to be, the original of which is on file in my office. October 25 2021 &r*ru r&,&S Date: Kevin Gardiner, AICP, Community Development {1 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BURLINGAME APPROVING AN APPLICATION FOR DESIGN REVIEW AND CONDITIONAL USE PERMIT FOR A NEW COII,IMERCIAL RECREATION USE WTH ASSOCIATED RESTAURANT AND BAR AT 250 ANZA BOULEVARD (ASSESSOR PARCEL NO: 026-290-380) WHEREAS, on June 20, 2016, the City issued a Request for Proposats (RFp) for the lease management of the Golf Center site for the operation of golf or other recreational or entertainment activities that would be open to the public; WHEREAS, on March 21, 2017, the City Council selected Topgolf lnternational as the preferred operator of the site and on May 21, 2018 the City Council entered into an Exclusive Negotiation Agreement (ENA) with Topgolf which covers the terms of the environmental review and design review process to be completed at which time a Final Lease Agreement can be executed; WHEREAS, on August 8, 2018 Topgolf filed an entitlement application the City of Burlingame Community Developmenl Departmen! Planning Division requesting approval of the following requests: Design Review for construction 25.57.0"1 0(c)(1 )); and of a new commercial building (C.S. . Conditional Use Permit for a commercial recreation use with associated restaurant and bar on a property zoned "unclassified" (C.S. 25.12.041). WHEREAS, on March 13,20'19 the Planning Commission conducted a duly noticed public hearing (environmental scoping session & design review study meeting) to review the proposed commercial recreation development project and to identify subjects to be analyzed in the project lnitial Study/Mitigated Negative Declaration (lS/MND). At that time direction was provided to the applicant for revisions to the project design and comments were received from the Commission and public regarding issues to be addressed in the project IS/MND; and WHEREAS, an IS/MND was prepared to analyze project impacts; said IS/MND was circulated for public review and comment commencing on February 12,2020 and concluding on March 12, 2020 there were three public comments received on the IS/MND; and Following consideration of all information contained in the May 11, 2020 staff report to the Planning Commission regarding the project, all written conespondence, and all public comments received at the public hearing, the Commission recommends approval of the proposed commercial recreation use with associated restaurant and bar uses based on the following findings regarding the project entitlements: That the proposed commercial recreation facility will have a unique building design with an entire side of the building being open to accommodate the hitting bays facing the range, given that it is a driving range use. The front of the building will face west, and Desion Review Findinos: while visible from Highway 10'l , the building will not block scenic vistas or views of San Francisco Airport or San Francisco Bay. The materials proposed for the exterior of the building include white stone, grey stone, metal panels, faux wood panels and glass panel windows, providing a modern and fresh fagade that will complement the surrounding office and hotel buildings. The three story (approximately 46-foot) tall building will be compatible with the surrounding structures, including the 1O-story hotel directly west of the site and the seven-story hotel directly to the east of the site. The proposed landscape plan with 142 new trees and a total of 186 trees on-site will enrich the Bayfront landscape and will provide a visual softening to the 27 net poles that will surround the range. The proposed building and site design are consistent with the purpose of the Anza Extension guidelines in the Bayfront Specific Plan in that the project will provide a recreational facility with parking, landscaping and an open space design that will complement the Bayfront. For the reasons above the project may be found to be compatible with the requirements of the City's six commercial design commercial design review criteria. 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 commercial recreation facility will provide a benefit to the immediate neighborhood consisting primarily of hotel uses; that the proposed use will be located and conducted in a manner in accordance with the Burlingame General Plan and the purposes of this title, in that it provides an recreational activity for both Burlingame residents, hotel guests as well as for people living the Bay Area at large. That the proposed use will replace an existing golf facility with an updated and modern facility that can support and compliment the surrounding hotels on the east side of Highway 101 . For the reasons above the project may be found to be compatible with the requirements of the City's three Conditional Use Permit criteria. WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on Mav 11. 2020, 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 'l . Said application for Design Review and Conditional Use permit for a new commercial recreation use at 250 Anza Boulevard is approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Design Review and Conditional Use Permit are set forth in the staff report, minutes, and recording of said meeting. Section 2. lt is further directed that a certified copy of this the official records of the County of San Mateo. ution be recorded in hairperson Conditional Use Permit Findinos for Unclassified Zone: l, f. SCFlt4l b , secretary of the Planning Commission of the City of Burtingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 11th dav of Mav. 2020 by the following vote: 250 AI{ZA BLVD - RESO 2020{t5-11{a AYES: COMAROTO, GAUL, LOffiS, SARGENT, SCHTID, TERRONES, TSENOES: NONE ABSET{T NONE RECUSED: NONE RESOLUTION NO. EXHIBIT .,A" Conditions of Approval for Design Review and Conditional Use permit. 250 Anza Boulevard Effective May 21, 2020 Page 1 2 3 q 4 that the project shall be built as shown on the plans submitted to the Planning Division date stamped February 26, 2019 sheets C0.0 through C6.0, sheets L-1.00 through L-3.00, sheets 51.1A and sheet S'1.1B and revised sheets dated April 30, 2020, sheets A-000 through A- 304, , sheet L-2.01, and sheet C2.0 (sheet 3 of 12); that prior to issuance of a building permit for construction of the project, the project construction plans shall be modified to include a cover sheet listing all conditions of approval adopted by the City Council; which shall remain a part of all sets of approved plans throughout the construction process. compliance with all conditions of approval is required; the conditions of approval shall not be modified or changed without the approval of the Planning Commission, or City Council on appeal; that any changes to the size or envelope of the building, which would include expanding the footprint or floor area of the structure, replacing or relocating windows or changing the roof height or pitch, shall be subject to Planning commission review (Fyl or amendment to be determined by Planning staff); that the on-site parking spaces shall be used only for the tenants and visitors of the approved commercial recreation facilities on this site and shall not be leased or rented for storage of automobiles or goods either by individuals or businesses not on this site or by other businesses for off-site parking; that any damage to the lower parking lot (serves Murray Field) that provides access to the proiect site as a result of the construction of the proposed project shall be repaired at the applicant's cost, to the satisfaction of the Director of parks and Recreation and the city Engineer; that prior to scheduling the final inspection, the applicant shall pay the public facilities impact fee in the amount of $143,988, made payable to the City of Burlingame and submitted to the Planning Division; b 7 I that prior to issuance of the building permit the applicant shall pay half of the Bayfront Development Fees in the amount of $124,377.50, made payable to the City of Burlingame and submitted to the Planning Division and that prior to scheduling the final inspection, the second half of the Bayfront Development Fees shall be paid in the amount of $124,377.50, made payable to the city of Burlingame and submitted to the planning Division (for a total Bayfront Development fee of 9248,755); that prior to the issuance of the building permit the commercial Linkage Fee in the amount of $355,370 shall be paid in full, payable to the city of Burlingame and submitted to the planning Division; that the conditions of the Building Division's March 1 , 2019 memo, the stormwater Division's March 6, 2019 memo, the Park's Division's March 4, 201 9 memo, the Fire Department,s March 25, 2019 and october 27, 2019 memos and the public-works Engineering Division,s April 8, 2019 memo related to the building permit submittal shall be met; 1. RESOLUTION NO. EXHIBIT "A" Conditions of Approval for Design Review and Conditional Use permit. 250 Anza Boulevard Effective May 21, 2020 Page 2 10. 12. 13 14 that following a three year time operational period after the formal opening of the Topgolf facility to the public, the applicant shall, at their cost, conduct a signal warrant analysis at the new intersection of the ingress/egress driveway and Airport Boulevard. The signal warrant analysis shall include all of the applicable MUTCD signal warrants and data collection necessary to conduct the analysis (8 hour, 4 hour, weekday AM peak, weekday pM peak on all approaches; accident data (provided by city of Budingame)). The applicant should consult the City Engineer for direction regarding the appropriate time of when to collect the traffic data necessary for such analysis considering school sessions and events. Said analysis shall be submitted to the city Engineer upon completion for review and approval. ln the event that the findings of the study shows that a traffic signal is warranted per the MUTCD and that the need for a signal is a direct result of only the Topgolf traffic, the applicant shall, at their cost, design and construct a traffic signal at the said intersection. ln such event, engineering design should be completed by a licensed professional engineer within six months following the conclusion of the signal warrant study, and a traffic signal be constructed by properly licensed contractor within a year thereafter. No work shall be undertaken in the public righlof-way by the applicant without a written approval from the City. However, in an event if the study indicates there is no need for a traffic signal at that time, no further action shall be required that prior to final inspection, the project applicant shall provide a letter of intent with a minimum of two (2) local crane operators to the city acknowledging that more than the crane operator has equipment that could, if needed, provide adequate lift to access birds in the nets at the Burlingame Topgolf facility should there be bird strikes that result in birds being trapped in the nets; prior to issuance of a building permit, the project sponsor shall file Form 7460-1 with the FAA, and provide to the City of Burlingame an updated FAA determination of no hazard to air navigation; that if the City determines that the structure interferes with City communications in the City, the property owner shall permit public safety communications equipment and a wireless access point for City communications to be located on the structure in a location to be agreed upon by the City and the property owner. The applicant shall provide an electrical supply source for use by the equipment. The applicant shall permit authorized representatives of the City to gain access to the equipment location for purposes of installation, maintenance, adjustment, and repair upon reasonable notice to the property owner or owner's successor in interest. This access and location agreement shall be recorded in terms that convey the intent and meaning of this condition; that 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; tc.that storage of construction materials and equipment on the street or in the public righlof-way shall be prohibited; 11. EXHIBIT ,.A'' Conditions of Approval for Design Review and Conditional Use permit. 250 Anza Boulevard Effective May 21, 2020 Page 3 18 '19. that the applicant shall prepare a construction staging and traffic control plan for the duration of construction for review and acceptance by the city Engineer prior to the issuance of a building permit; the construction staging plan shall include construction equipment parking, construction employee parking, timing and duration of various phases of construction and construction operations hours; the staging plan shall address public safety and shall ensure that worker's vehicles and construction equipment shall not be parked in public parking areas with exceptions for construction parking along the street frontages ofthe project site; that the project applicant and its construction contractor(s) shall develop a construction management plan for review and approval by the City of Burlingame. The plan must include at least the following items and requirements to reduce, to the maximum extent feasible, traffic and parking congestion during construction: a. A set of comprehensive traffic control measures, including scheduling of major truck trips and deliveries to avoid peak traffic hours, detour signs if required, lane closure procedures, signs, cones for drivers, and designated construction access routes; b. 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 the project applicant; and e. Designatton of a readily available contact person for construction activities who would be responsible for responding to any local complaints regarding traffic or parking. This coordinator would determine the cause of the complaint and, where necessary, would implement reasonable measures to correct the problem. that if construction is done during the wet season (october 1 through April 30), that prior to October 1 the developer shall implement a winterization program to minimize the potential for erosion and polluted runoff by inspecting, maintaining and cleaning all soil erosion and sediment control prior to, during, and immediately after each slorm 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; 20 RESOLUTION NO. 16. 17. RESOLUTION NO. EXHIBIT "A" Conditions of Approval for Design Review and Conditional Use permit 250 Anza Boulevard Effective May 21, 2020 Page 4 22 23 24 25 zo. 27 28 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 1 993 and enforced by the Parks Department; complete landscape and irrigation plans shall be submitted at the time of building permit application; 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 kees 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 shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 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; 29 that construction access routes shall be limited in order to prevent the tracking of dirt ontothe public right-of-way, clean off-site paved areas and sidewalks using dry sweeping methods; The following four (4) conditions shall be met during the Building lnspection process prior to theinspections noted in each condition: that prior to scheduling the foundation inspection, a licensed surveyor shall locate the property corners, set the building footprint and certify the first floor elevation of the new structure(s) based on the elevation at the top of the form boards per the approved plans; this survey shall be accepted by the City Engineer; that prior to scheduling the framing inspection the project architect, or another architect, shall provide an architectural certification that the architectural details shown in the approved design which should be evident at framing, such as window locations, are built as shown on the approved plans; architectural certification documenting framing compliance with approved 30 RESOLUTION NO. EXHIBIT "A'' Conditions of Approval for Design Review and Conditional Use permit. 250 Anza Boulevard Effective May 21, 2020 Page 5 design shall be submitted to the Building Division before the final framing inspection shall be scheduled; 31.that prior to scheduling framing and roof deck inspections, the top of each floor and roof parapet shall be surveyed by a licensed surveyor and approved by the City Engineer with certification of the following heights to the Building Division; as per the approved plans, dated April 30, 2, 2O2O, the maximum elevation at the top of the roof parapet shall not exceed elevation 146-0", and that the ground floor finished floor shall be elevation 100-0"; second floor finished floor shall be elevation 1 14'-0"; third floor finished floor shall be elevation 129 - 0", and the roof level shall be elevation 142'-O"; 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; 32 Mitigation Measures from lnitial Study/Mitigated Negative Declaration (in italics) Air Quality 33. All diesel-powered off-road equipment, larger than 25 horsepower, operating on the site for more than two days continuously shall, at a minimum, meet U.S. EPA pafticutate matter em,ssiors standards for Tier 4 lnterim engines or equivalent. When Tier 4 lnterim engines are not available, it would be acceptable to use Tier 3 engines with CARB-ceftified Level 3 Dieset Particulate Filters. Akematively, the use of equipment that includes electric or aftematively- fueled equipment (i.e., non-diesel) would meet this requirement. 34 The proiect shall implement the following standard BAAQMD dust control measures during all phases of construction on the project site:. All exposed surfaces (e.9., parking areas, staging areas, sorT pites, graded areas, and unpaved access roads) shall be watered two times per day.. All haul trucks transpofting soil, sand, or other loose material off-site shalt be covered.o All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum sfreef sweepers at least once per day. The use of dry power sweeping is prohibited.. All vehicle speeds on unpaved roads shall be limited to 1S miles per hour (mph).. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soo, as possib/e after 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 Catifornia Airborne Toxics Control Measure Title 13, Section 2485 of California Code of Regutations (CCR)1. Clear signage shall be provided for construction workers at att access points.. All construction equipment shall be maintained and properly tuned in accordance with manufacturels specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.. A publicly visible sign shall be posted with the telephone number and person to contact at the city of Burlingame regarding dust complaints. This person shall respond and take RESOLUTION NO. EXHIBIT "A" Conditions of Approval for Design Review and Conditional Use Permit. 250 Anza Boulevard Effective May 21 , 2020 Page 6 corrective action within 48 hours. The Bay Area Air Quality Management Air Districfs phone number shall also be visible to ensure compliance with applicable regulations. Biological Resources 35. The project applicant shall be responsible for conducting preconstruction surveys by a qualified biologist to ensure the absence of American peregrine falcon. The fotlowing measures shall be implemented for construction work during the nesting season (February 1 through August 31):. lf construction or tree removal is proposed during the nesflng season for migratory birds (typically February 1 through August 31), a qualified biologist shall conduct pre- construction surveys for American peregrine falcon and other nesting birds within the construction area, including a 300-foot survey buffer for raptors such as the American peregrine falcon and a 100-foot buffer for non-raptors. The survey will be conducted no more than three (3) days pior to the start of ground disturbing activities in the construction area.o lf an active nest is located duing pre-construction surveys, construction activities shalt be restricted as necessa4f fo avoid disturbance of the nest until it is abandoned or a qualified biologist deems disturbance potential to be minimal. Restrictions may include establishment of exclusion zones (no ingress of personnel or equipment) around an active nest (typicaily 300-foot buffer for raptors and 100-foot for non-raptors) or alteration of the con struction schedu le.. A qualified biologist shall delineate the buffer using nest buffer signs, Environmentally Sensrtrve Area (ESA) fencing, pin flags, and/or flagging tape. The buffer zone shall be maintained around the active nest site(s) until the young have fledged and are foraging independently. Jb Design Guidelineso A Tree Protection Zone (TPZ) ls necessary to restrict or confine the following activities to help achieve a reasonable assurance of a tree's vigor, Iongevity and anchoing capacity: trenching, soil scraping, compaction, mass and finish-grading, over excavation, sub excavation, tilling, ripping, swales, bio swa/eg sform drains, dissipators, equipment cleaning, removal of underground utilities and vaults, altering existing water/drainage flows, stockpiling and dumping of materials, and equipment and vehicle operation. An ideal rPz should have a linear distance from a trunk of 10 times its diameter (i.e. an 1& inch diameter tree would have a setback of 15 feet in a directions); for multi-trunk measurements, use the combined diameter. ln the event an impact encroaches sligh y within a setback, it can be reviewed on a case-by-case basrs by the project arborist to determine whether measures can sufficiently mitigate the impacts to tesslhan-significant levels.o All site-related plans should contain notes referencing the arborist repoft for tree protection measures.. All final landscape plans and TPZs shall be reviewed by a qualified arborist.. Where within 10 feet from a TPZ, confine grading (cut and filt), over excavation, sub excavation, trenching, compaction, and other ground disturbance to within 12 to 24 inches from any foundation, footing, curb, gutter, pavement, driveway or retaining watt. RESOLUTION NO. EXHIBIT "A" Conditions of Approval for Design Review and Conditional Use permjt. 250 Anza Boulevard Etfective May 21, 2020 Page 7 lrrigation and lighting features (i.e. main line, laterat lines, valve boxes, wiring and controllers) should be established so that no trenching occurs within a TpZ. In the event this is not feasible, they may require being installed in a radial direction to a tree's trunk, and terminate a specific distance from a trunk (versus crossrng past /t). Tiiling, ripping and compaction within TPZs should be avoided.a Before Demolition, Grading and Construction. where within a TPZ, the removal of plant material and groundcover must be manuallypeiormed yersus us,ng heavy equipment operating and traveting on unpaved ground. Additionally, the removal of stumps shall only be peiormed using a stump grinderlversus excavating into the ground and inadveftently damaging roots).. Begin applying supplemental irrigation during the dry months of the year (i.e. May through October), at a rate of approximately 10 gallons per inch of trunk diameter every two to three weeks via flooding the inside of a 12-inch tall berm estabtished around the canopy perimeters (or as close to the peimeters as posslb/e). Alternatives include using soaker hoses or through deep-root injection. Note, ultimately, the methodology, amount and frequency of irrigation can be best outlined closer to construction commencing, and any applicable dewatering may require a more intensive supplemental watering program than otherwise needed.. lnstall tree protection fencing prior to demolition or other site work for the purpose of restricting access rnto unpaved sections of ground within a Tpz. Fencing does not need to enclose any pavement remaining within a TpZ (in effect, the pavement a//ows access within a TPZ, while serving as a superior root zone buffer). Fencing shoutd consist of five- to six-foot tall chain link mounted on two-inch diameter sree/ posts, which are driven intothe ground for vertical alignment. Fencing shall remain in ptace throughout site development, and will need to be installed, as needed, in various phases. Removing hardscape within a TPZ may trigger fencing being modified to capture the newly exposed area. Cultural Resources 37. UndiscoveredArchaeologicalResources. lf evidence of an archaeological site or other suspected cultural resource as defined by CEeA Guideline Section 15064.5, including darkened soil representing past human' activity (.midden"), that could conceal material remains (e.g., worked stone, worked bone, fired ctiy vessels, faunal bone, heafths, storage pits, or buriats) is discovered during construction related earth-moving activities, all ground-disturbing activity within 100 feet of the resources shall be halted and the CW's Community Devetopment Director shalt be notified. The project sporsor shall hire a qualified archaeologist to conduct a field investigation. The City's Community Development Director shall consult with the archaeotogist lo assess ihe significance of the find. lmpacts to any significant resources shatt be mitigated to a lesslhan- significant level through data recovery or other methods determined adequate by a quatified archaeologist and that are consistent with the Secretary of the lnterior's Siandards for Archaeological documentation. Any identified cultural resources shatt be recorded on the appropriate DPR 523 (A-J) form and filed with the NW\C. RESOLUTION NO. EXHIBIT "A" Conditions of Approval for Design Review and Conditional Use permit 250 Anza Boulevard Effective May 21, 2020 Page 8 38 39 Geology and Soils Repott of Archaeological Resources. lf archaeological resources are identified, a final repoft summarizing the discovery of cuttural materials shall be submifted to the City's Community Development Director prior to rssuance of building permits. This repoft shall contain a description of the mitigation program that was implemented and /s resu/fs, including a description of the monitoring and testing program, a list of the resources found and conclusion, and a description of the disposition/curation of the resources. Human Remains. lf human remains are discovered at any project construction site during any phase of construction, all ground-disturbing activity within 100 feet of the resources shalt be hatted and the city's community Development Director and the san Mateo county coroner shatt be notified immediately, according fo sectlon 5097.98 of the state public Resources code and section 7050.5 of california's Health and safety code. lf the remains are determined by the County coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The project sponsor sha// a/s o retain a professional archaeologist with Native Ameican burial experience to conduct a fietd investigation of the speclflc slte and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide professional assistance to the Most Likely Descendant, including the excavation and removal of the human remains. The City of Burlingame shall be responslb/e for approval of recommended mitigation as rt deems appropriate, taking account of the provisions of State /aw, as set forth in CEeA Guidelines section 15064.5(e) and Public Resources code section 5097.98. The project sponsor sha// implement approved mitigation, to be verified by the City of Burlingame, before the resumption of ground-disturbing activities within 100 feet of where the remains were discovered. 40. Unique Paleontological and/or Geologic Features and Reporting. Should a unique paleontological resource or site or unique geological feature be identified at the project site during any phase of construction, all ground disturbing activities within 25 feet shall cease and the City's Community Development Director notified immediately. A qualified paleontologist shall evaluate the find and prescribe mitigation measures to reduce impacts toa less than significant level. Work may proceed on other parts of the project site while mitigation for paleontological resources or geologic features is implemented. Upon completionof the paleontological assessment, a report shall be submitted to the city and, if paleontological materials are recovered, a paleontological repository, such as the University of California Museum of Paleontology. Hazards and Hazardous Materials 41. ln accordance with FAR Pafi 77, an aeronautical study shatl be compteted by the FAA for the proposed proiect which analyzes the final maximum height of the proposed net poles. Theproject shall obtain clearance from the FAA in the form of an lssaance of Determination of No Hazard prior to the commencement of construction. Any conditions set fofth in the FAA RESOLUTION NO. EXHIBIT "A" Conditions of Approval for Design Review and Conditional Use permit. 250 Anza Boulevard Effective May 21, 2020 Page 9 Determination of No Hazard shall be incorporated into the project. The aeronautical study and Determination of No Hazard shall be submitted to the community Development Director. A/oise 42. The project shall implement a noise control plan including, but not timited to, the fottowing measures:o Noise-generating construction operations shail be limited to the hours between g a.m. and 7 p.m. Monday through Friday, and between 9 a.m. and 6 p.m. on Saturdays, with no construction on Sundays or holidays, per BMC 13.04.100.. All construction equipment and equipment staging areas shalt be located as far as poss,b/e from nearby noise-sensfirye /and uses.o All construction equipment shall be properly maintained and equipped with noise- reduction intake and exhaust mufflers and engine shrouds, in accordance with manufacturers' recommendations. Equipment engine shrouds shall be closed during equipment operation.. All motorized construction equipment shall be shut down when not in use to prevent idling.. The primary contractor shall prepare and implement a construction noise management plan. This plan shall identify specific measures to ensure compliance with the noise control measures specified above. The noise control plan shall be submitted to the City of Burlingame before any noise-generating construction activity begins.