HomeMy WebLinkAboutReso - PC - 2020.07.13 - 8BDocuSign Envelope lD: D'EA78943.1 992*4629-840A-BECD93E45D97
RECORDING REQUESTED BY:
Planning Department
City of Burlingame
WHEN RECORDED MAIL TO:
COMMUNIry DEVELOPMENT DEPARTMENT
CITY OF BURLINGAME
50,1 PRIMROSE ROAD
BURLINGAME, CA 94010
2021-167807
10:37 am 12lOOl21 R1 Fee: NO FEE
Count of pages 14
Recorded in Official Records
County of San Mateo
Mark Church
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Resolution No. 2020-OT .13-8b
128 LORTON AVENUE
029-231-210
TITLE OF DOCUMENT
I hereby certify this to be a full, true and correct copy of the
document it purports to be, the original of which is on file in my
office.
October 2021
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Date:
Kevin AICP, Community Development
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RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BURLINGAME
APPROVING AN APPLICATION FOR CATEGORICAL EXEMPTION, DESIGN REVIEW,
CONDOMINIUM PERMIT, AND DENSITY BONUS FOR CONSTRUCTION OF A NEW {9-
UNIT RESIDENTIAL CONDOMINIUM AT 128 LORTON AVENUE
WHEREAS, on November 27,2018, Chris Grant filed an application with the City of Burlingame
Community Development Department - Planning Division requesting approval of the following requests:
. Design Review for the proposed construction of a new five-story, 19-unit residential condominium
building (C.S. 25.29.020 and 25.57.010, and Chapter 5 of the Downtown Specific plan);
. Condominium Permit for construction of new residential condominium building (C.S. 26.30.020);
and
Density Bonus to allow development concessions and waiver/modifications to development
standards to facilitate the provision of affordable housing; concession for off-street parking and
waivers/modifications of development standards including building setbacks (front, lefUright sides
and rear), lot coverage, building height, common open space, and private open space
requirements (C.S. 25.63.050).
WHEREAS, on October 15,2019 the Planning Commission conducted a duly noticed public
hearing (design review study) to review a 19-unit residential condominium project. At that time the
Planning Commission requested additional information and asked the applicant to consider making
changes to the project to address their concerns; and
Following consideration of all information contained in the July 13, 2020 staff report to the
Planning Commission regarding the project, all written correspondence, and all public comments
received at the public hearing, the Planning Commission grants approval of the 19-unit residential
condominium project based on the following findings regarding the project enti ements:
that the project is consistent with the diverse architectural styles of existing residential and
commercial buildings in the area characterized by simple massing, an articulated fagade and
entrance awning on the ground floor, and articulated walls and repetitive fenestration on the upper
floors; the project mediates between existing buildings in the area ranging from one to three
stories in height and an adjacent five-level public parking garage, to create a continuous mixed-
use residential neighborhood, is well articulated, and embraces the street and the pedestrian
realm;
that the architectural style blends traditional and contemporary design elements to be compatible
with adjacent neighborhoods and the city as a whole, and that human scale is provided at the
street level consisting of an entry element at the front of the building, and on the upper levels
individual balconies provide residential scale and character;
that parking for the project does not dominate the street frontage because the garage has been
located behind the ground floor building fagade with one driveway access to the garage
measuring 14 feet in width, or 28% of the frontage along Lorton Avenue;
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Desiqn Review Findinqs:
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' that the building is characterized by a single contemporary architectural style and its design fits
the site and is compatible with the surrounding development by exhibiting thoughtful maising,
character and pedestrian scale, and successfully creates a good transition between the existing
residential and commercial buildings in the neighborhood, as we as the adjacent public parking
garage, with well-articulated massing and a variety of exterior sidings, textures and colors;
' that the building is compatible with the mass, bulk, scale, and existing materials of existing
development in that the exterior building materials include a mix of cement plaster walls wit6
decorative reveals, manufactured stone veneer, decorative cornice/trip along the top edge ofthe
building, glass guardrails at balconies, glass entry doors and fiberglass windows with interior
wood jamb extensions; and
' that site features such.as.fencing, landscaping, and pedestrian circulation will enrich the existing
opportunities of the neighborhood transitioning from commercial to residential uses.
Condominium Permit Findinqs:
' that the 19-unit residential condominium project and is compatible with the surrounding
developmenl by exhibiting thoughtful massing, character and pedestrian scale, and successfull!
creates a good kansition between the existing residential and commercial buildings in the
neighborhood, as we as the adjacent public parking garage, and will not have a significant impact
on public health, safety and general welfare;
' that the project has fulfilled all criteria for an lnfill Exemption and therefore will have no significant
impacts on schools, parks, utilities, neighborhoods, streets, traffic, parking and other coirmunity
facilities and resources; and
' that the project includes new fencing and landscaping on the project site, as well as installation
of two new street trees, and therefore will enrich the neighborhood transitioning from commercialto residential uses.
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
Julv 13' 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 1. On the basis of the documents submitted and reviewed, and comments received and
addressed by this commission, it is hereby found that there is no substantial evidence that the project set
forth above will have a significant effect on the environment, and categorical exemption, per CEQA Section
15332, ln-Fill Development Projects, is hereby approved.
section 2. said Design Review, condominium permit, and Density Bonus are approved
subject to the conditions set forth in Exhibit "A" attached hereto. Findings foi such Design Review,
Condominium Permit, and Density Bonus are set forth in the staff report, minutes, and recording of said
meeting.
Section 3. lt is further directed that a certified copy of this resolution be recorded in the official
records of the County of San Mateo.
J.s Mlb 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 13th dav of Julv. 2020. by the following vote:
SARGENT_ SCHtl|D, TERROI{ES, TSENOES: NONE
ABSETTIT GAUL
RECUSED: NO]{E
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EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review, Condominium permit, and
Density Bonus.
128 Lorton Avenue
Effective July 23,2020
Page 1
1 that the project shall be built as shown on the plans submitted to the planning Division
date stamped June 5, 2020, sheets A0.0 through 46.0, Cl.1 through C.l.3 and L1;
that prior to the submittal of a building permit, the applicant shall apply for an Fyl that
includes a materials board, window specifications, clarifies which windows will be
operable, and further defines the detailing and articulation of the northwest elevation;
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 of the planning commission, or city council
on appeal;
that prior to issuance of a building permit, the applicant shall apply for a tentative and final
condominium map with the Public works, Engineering Division for processing in
conformance with the Subdivision Map Act;
that prior to issuance of the final inspection of the project, the applicant shall pay the public
facilities impact fee in the amount of $83,055.00, made payabie to the City of Burlingame
and submitted to the Planning Division;
that any changes to the size or envelope of the building, which would include expanding
the footprint or floor area of the structure, replacing or relocating windows or changing thE
roof height or pitch, shall be subject to planning commission review (Fyl or ame-ndirent
to be determined by Planning staff);
that the project shall include two (2) affordable units for a Ss-year term; the applicant shallenler into an agreement for the administration of the sale, renting, or leasing of the
affordable units at least 120 days before the final inspection;
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that the required affordable dwelling units shall be built on-site and shall be constructed
concurrently with markelrate units;
that the two (2) moderate income restricted affordable units shall remain restricted and
affordable to the designated income group for a minimum period of fifty-five (55) years (ora longer period of time if required by the construction or mortgage financing assistance
program, mortgage insurance program, or rental subsidy program); -
that the applicant shall enter into a regulatory agreement with the city; the terms of this
agreement shall be approved as to form by the city Attorney's office, and reviewed and
revised as appropriate by the reviewing city ofiicial; this agreement will be a form provided
by the City, and will include the following terms:(a) The affordability moderate income housing shall be assured in a manner consistent
with Government Code Section 659 j 5(cX1);
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EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review, Condominium permit, and
Density Bonus.
128 Lorton Avenue
Effective July 23,2020
Page2
11.
12.
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14
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(Ot An equity sharing agreement pursuant to Government Code Section 6591b(c)(2);(c) The location, dwelling unit sizes, sale or rental cost, and number of bedrooms of
the affordable units;
(d) A description of any bonuses and incentives, if any, provided by the City; and(e) Any other terms as required to ensure implementation and compliance with this
section, and the applicable sections of the density bonus law;
that the above noted regulatory agreement regarding the two (2) restricted affordable units
shall be binding on all future owners and successors in interest; the agreement required
by this Zoning code section 25.63.080 is hereby a condition of all devel-opment appiovals
and shall be fully executed and recorded prior to the issuance of-any building or
construction permit for the proposed project;
that the final inspection shall be completed and a certificate of occupancy issued before
the close of escrow on the sale of each unit;
that the developer shall provide to the initial purchaser of each unit and to the board of
directors of the condominium association, an owner purchaser manual which shall contain
the name and address of all contractors who performed work on the project, copies of allwarranties or guarantees of appliances and fixtures and the estimated life expectancy of
all
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depreciable component parts of the property, including but not limited io the roof,painting, common area carpets, drapes and furniture;
that citylift Model No. 2LP parking lift system, or an equivatent parking lift system, shallbe installed, with the following conditions:a. the parking lifts shall be properly illuminated to provide safety for easy loading and
unloading, while not causing excessive glare.b. signage shall be instafled expraining the proper use of the rifts and emergency
contact information for lift maintenance or problems.c. the final design of the parking lifts shall be subject to the review and approval ofthe Community Development Director.
that the project shall be constructed in accordance with the June 4, 2020 .Request forAlternate Materials or Methods of construction" agreement between chris Grant andCentral County Fire Department;
that if the city determines that the structure interferes with city communications in thecity, the property owner shal permit pubric safety communicltions equipment and awireless access point for city communications to be located on the structure in a roiationto be agreed upon by the city and the property owner. The applicant snarr proviae anelectrical supply source for use by the equlpment. The applicant shall permit au$rorizeJrepresentatives of the city to gain access to the equipment location for purposes ofinstallation, maintenance, adjustment, and repair upon reasonable notice to in"'proplrtvowner or owner's successor in interest. This access and location agreement indrr u6recorded in terms that convey the intent and meaning of this condition;
EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review, Condominium permit, and
Density Bonus.
128 Lorton Avenue
Effective July 23,2020
Page 3
17. that all construction shall abide by the construction hours established in the Munici pal
Code;
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that the project applicant and its construction contractor(s) shall develop a construction
management plan for review and approval by the City of Burlingame. The plan must
include at least the following items and requirements to reduce, to the maximum extent
feasible, traffic and parking congestion during construction:
a. A construction parking plan to provide worker parking off site and generally off
neighborhood streets, with shuttles or other transportation as needed to traniport
workers to the site;b. A set of comprehensive traffic control measures, including scheduling of major truck
trips and deliveries to avoid peak traffic hours, detour signs if required, lansclosure
procedures, signs, cones for drivers, and designated construction access routes;c. 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;d. Notification procedures for adjacent property owners and public safety personnel
regarding when major deliveries, detours, and lane closures would occur;'e. Provisions for monitoring surface streets used for haul routes so that any damage
and debr;s attributable to the haul trucks can be identified and corrected by t6e
project applicant; andf. Designation of a readily available contact person for construction activities who
would be responsible for responding to any local complaints regarding traffic orparking. This coordinator wourd determine the cause of the complaint and, *here
necessary, would implement reasonable measures to correct the problem.
that the applicant shall submit an erosion and sedimentation control plan describing BMps(Best Management Practices) to be used to prevent soil, dirt and debris from enteiing the
storm drain system; the plan shall include a site plan showing the property lines, exiiting
and proposed topography and slope; areas to be disturbed, locatlons oicuufill and soi
storage/disposal areas; areas with existing vegetation to be protected; existing andproposed drainage patterns and structures; watercourse or sensitive areas on-s]te or
immediately downstream of a project; and designated construction access routes, stating
areas and washout areas;
that the applicant shall submit a construction Noise control plan. This plan would include
measures such as:
' Using,smaller equipment with lower horsepower or reducing the hourly utilization
rate of equipment used on the site to reduce noise levels at 5b feet to the allowable
level.
' Locating construction equipment as far as feasibre from noise-sensitive uses.
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20.
EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review, Condominium permit, and
Density Bonus.
128 Lorton Avenue
Effective July 23,2020
Page 4
21.
22.
23.
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25.
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. Requiring that all construction equipment powered by gasoline or diesel engines
have sound control devices that are at least as effective as those originally
provided by the manufacturer and that all equipment be operated and maintained
to minimize noise generation.. Prohibiting gasoline or diesel engines from having unmuffled exhaust systems.. Not idling inactive construction equipment for prolonged periods (i.e., more than
5 minutes).. Constructing a solid plywood barrier around the construction site and adjacent to
operational businesses, residences, or other noise-sensitive land uses.. Using temporary noise control blanket barriers.. Monitoring the effectiveness of noise attenuation measures by taking noise
measurements.. Using "quiet" gasoline-powered compressors or electrically powered compressors
and electric rather than gasoline- or diesel-powered forklifts for small lifting.
that all off+oad diesel-powered equipment used during construction is equipped with
U.S. Environmental Protection Agency (EPA) Tier 4 "final" engines;
that construction access routes shall be limited in order to prevent the tracking of dirt
onto the public righlof-way, clean off-site paved areas and sidewalks using dry sweeping
methods;
that during construction, the applicant shall provide fencing (with a fabric screen or mesh)
around the project site to ensure that all construction equipment, materials and debris is
kept on site;
that storage of construction materials and equipment on the street or in the public right-of-
way shall be prohibited;
that if construction is done during the wet season (october 'l through April 30), that priorto october 1 the developer shall implement a winterization program to mhimize thepotential for erosion and polluted runoff by inspecting, maintaining and cleaning all soil
erosion and sediment control prior to, during, and immediately after each stor-m even;
stabilizing disturbed soils throughout temporary or permanent seeding, mulching matting,
or tarping; rocking unpaved vehicle access to limit dispersion of mudtnto public right-oi-
way; covering/tarping stored construction materials, fuels and other chemicals; -
that trash enclosures and dumpster areas shall be covered and protected from roof andsurface drainage and that if water cannot be diverted from these areas, a self-contained
drainage system shall be provided that discharges to an interceptor;
that this project shall comply with the state-mandated water conservation program, and acomplete lrrigation water Management and conservation plan togethei wit-h complete
landscape and irrigation ptans shail be provided at the time of buitdiig permit appiiijtion;
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EXHIBIT "A"
conditions of Approval for categorical Exemption, Design Review, condominium permit, and
Density Bonus.
128 Lorton Avenue
Effective July 23, 2020
Page 5
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29
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;
30. that the applicant shall coordinate with the City of Burlingame Parks Division regarding theplanting of two (2) street trees along Lorton Avenue;
31 that the project shall comply with the Construction and Demolition Debris Recycling
Ordinance which requires affected demolition, new construction and alteration projeAs t6submit a waste Reduction plan and meet recycling requirements; any partiai or full
demolition of a structure, interior or exterior, shall require a demolition permii;
32. 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 issuedlnd srich site work sha berequired to comply with all the regulations of the Bay Area Air Quality Management District;
33. that the applicant shall comply with ordinance 1503, the city of Burlingame storm water
Management and Discharge Control Ordinance:
34. that the project shall meet all the requirements of the California Building and Uniform Fire
Codes, as amended by the City of Burlingame;
35. that this project shall comply with Ordinance No. 1477, Exterior lllumination Ordinance;
The following conditions shall be met during the Buitding lnspection process prior to theinspections noted in each condition:
36. that prior to scheduling the foundation inspection a licensed suryeyor shall locate theproperty corners, set the building envelope;
37. that prior to underfloor frame inspection the surveyor shall certify the first floor elevation
of the new structure(s) and the various surveys shall be accepted'by the Building Diri.ion;
38. that prior to scheduling the framing inspection, the project architect, engineer or otherlicensed professional shall provide architectural certiflcaiion that the irchiiecirr"i o"t"it"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 shallprovide the certification under penalty of perjury. Ceriitications snatt Ue suOmittJ to tfreBuilding Division;
EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review, Condominium permit, and
Density Bonus.
128 Lorton Avenue
Effective July 23, 2O20
Page 6
39. 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;
40. that the maximum elevation to the top roof parapet shall not exceed elevation 93.56, as
measured from the average elevation at the top of the curb along Lorton Avenue (37.06,)
for a maximum height not to exceed 56 -6" to the top of the parapet; the garage finished
floor elevation shall be elevation 37.06'; the top of each floor and final rooi ridge shall be
surveyed by a licensed surveyor who shall provide certification of that neigtrt to tne
Building Division; Should any framing exceed the stated elevation at any point-it shall be
removed or adjusted so that the final height ofthe structure with roof shall not exceed the
maximum height shown on the approved plans;
The following conditions of approval are from Downtown Specific plan:
41. that if subgrade structures are proposed, the project sponsorshall prepare a Geotechnical
study identifying the depth to the seasonal high water table at the project site. No
permanent groundwater dewatering would be allowed. lnstead, all residential uses must
be elevated to above the seasonal high water table and all areas for non-residential usesshall be flood-proofed and anchored, in accordance with floodplain development
requirements, to the design depth as recommended by geotechnical engineer. Final
design shall be prepared by a quarified professionar engineer and appr6ved by the
Burlingame Department;
42. the project sponsor shall implement all appropriate control measures from the most
currently adopted air quality plan at the time of project construction;
43. the project sponsor shall ensure implementation of the following mitigation measuresduring project construction, in accordance with BAAeMD- staridard mitigation
requirements:
a. All exposed surfaces (e.g_, parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shal be watered two times per dayor as-necessary.
b. All haul trucks transporting soil, sand, or other loose material offsite shall be covered
or otherwise roaded consistent with carifornia Vehicre code section 231 14.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed usingwet power vacuum street sweepers at least once per day. The use of dry sweeping
is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, sidewarks to be paved shal be compreted as soon aspossible. Building padsshall be laid as soon as possible aftergrading unless seeding
or soil binders are used.
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EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review, Condominium permit, and
Density Bonus.
128 Lorton Avenue
Effective July 23,2020
Page 7
f. ldling times shall be minimized either by shutting off equipment when not in use or
reducing the maximum idling time to 5 minutes (as required by the California airborne
toxics control measure Title 13, Section 2485 of the California Code of Regulations
[CCR]). Clear signage shall be provided for construction workers at all access points.
S. 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 opeiation.
h. Post a publicly visible sign with the telephone number and person to contact at the
Lead Agency regarding dust compraints. This person sharr respond and take
corrective action within 48 hours. The Air District's phone number shall also be
visible to ensure compliance with applicable regulations.
44. the project sponsor shall implement the following Greenhouse Gas reduction measures
during construction activities:
a. Alternative-Fueled (e.9., biodiesel, electric) construction vehicles/equipment shall
make up at least 15 percent ofthe fleet.
b. Use at least 10 percent local building materials.
c. Recycle at least 50 percent of construction waste or demorition materiars.
45. the project sponsor shall provide adequate secure bicycle parking in the plan area at a
minimum ratio of I bicycle spot for every 20 vehicle spots;
46. the condominium management shall post and update Information on altemate modes of
transportation for the area (i.e. bus/shutfle schedules and stop locations, maps);
47. the project sponsor shall incorporate commercial energy efficiency measures such thatenergy efficiency is increased to '15% beyond 2008 title 24 standirds for electricity and
natural gas;
48. the project sponsor shall incorporate recycling measures and incentives such that a solidwaste diversion rale of 75yo is achieved upon occupation of each phase of plan
development;
49. the pdect sponsor shall incorporate residential water efficiency measures such that waterconsumption is decreased by a minimum of 10 percent over curent standard water
demand factors;
50 that construction shall avoid the March 15 through August 31 avian nesting period to theextent feasible, as determined by staff. lf it is not feaaible to avoid the neiting period, asurvey for nesting birds shall be conducted by a qualified wildlife biologist no Jaiier than7 days prior to construction. The area surveyed shall include all clelring/construction
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EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review, Condominium permit, and
Density Bonus.
128 Lo(on Avenue
Effective July 23,2020
Page 8
areas, as well as areas within 250 ft. of the boundaries of these areas, or as otheMise
determined by the biologist. ln the event that an active nest is discovered,
clearing/construction shall be postponed within 250 ft. of the nest, until the young have
fledged (left the nest), the nest is vacated, and there is no evidence of second nesting
attempts;
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53.
that for projects within the Plan Area that require excavation, a phase I Environmental site
Assessment (and Phase ll sampling, where appropriate) would be required. lf the phase
I Environmental site Assessment determines that remediation is required, the pro.iect
sponsor would be required to implement all remediation and abatement worli in
accordance with the requirements ofthe Department of roxic substances control (DTSc),
Regional Water QuaIity Control Board (RWOCB), or other jurisdictional agency;
the following practices shall be incorporated into the construction documents to be
implemented by the project contractor.
a. Maximize the physical separation between noise generators and noise receptors.
Such separation includes, but is not limited to, the following measures:
- Use heavy-duty mufflers for stationary equipment and barriers aroundparticularly noisy areas of the site or around the entire site; - use shields,
impervious fences, or other physicar sound baniers to inhibit transmission of
noise to sensitive receptors;- Locate stationary equipment to minimize noise impacts on the community; and- Minimize backing movements of equipment.
b. Use quiet construction equipment whenever possible.
c. lmpact equipment (e.9, jack hammers and pavement breakers) shall behydraulically or electrically powered wherever possible to avoid noise associatedwith compressed air exhaust from pneumatically-powered tools. compressed air
exhaust silencers shall be used on other equipment. other quieter procedures, such
as drilling rather than using impact equipment, shall be used whenever feasible.
the project sponsor shall incorporate the following practice into the constructiondocuments to be implemented by construction contractors: The project
"ponaor,nittrequire that loaded trucks and other vibration-generating equipment ivoid 'areas of theproject site that are located near existing residential uses to the maximum extentcompatible with project construction goals;
that if the project increases sewer flows to the sanitary sewer system, the project sponsorshall coordinate with the city Engineer to determine if improvements to'pu'blic sanitarysewer infraslructure are needed. lf improvements are needed, the following snatr applv: '
' that prior to issuance of a building permit, the project sponsor shall develop a planto facilitate sanitary sewer improvements. Tne flan shall include a scneiute ror
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51.
EXHIBIT "A"
conditions of Approval for categorical Exemption, Design Review, condominium permit, and
Density Bonus.
128 Lorton Avenue
Effective July 23,2020
Page 9
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implementing sanitary sewer upgrades that would occur within the development site
and/or contribution of a fair share fee toward those improvements, as determined by
the City Engineer. The plan shall be reviewed by the City Engineer.
that prior to issuance of a building permit, the development plans shall be reviewed by the
Fire Marshal to determine if fire flow requirements would be met given the requirements
of the proposed project, and the size of the existing water main(s). lf the Fire Marshal
determines improvements are needed for fire protection services, then the following shall
apply:
' that prior to issuance of a building permit the project sponsor shall be required toprovide a plan to supply-adequate water supply for fire suppression to the project
site, consistent with the Fire Marshal's requirements. The pian shall be reviewed by
the Fire Marshal. The project sponsor shall be responsible for implementation of theplan including installation of new water mains, and/or incorpoiation of fire water
storage tanks and booster pumps into the building design, or other measures as
determined by the Fire Marshal.
that if evidence of an archeologjcal site or other suspected cultural resource as defined byCEQA Guidelines section '15064.5, including darkened soil representing past human
activity ("midden"), that could conceal material remains (e.g., woried stonelworked bone,fired clay vessels, faunal bone, hearths, storage pits, oi burials) is discovered ouiinlconstruction-related earth-moving activities, all ground-disturbing activity within 100 feei
of the resources shall be halted and the city of Burlingame snail ue notified. The project
sponsor shall hire a qualified archaeologist to conduct a field investigation. The bity ofBurlingame shall consult with the archeologist to assess the significance of the find.lmpacts to any significant resources shall be mitigated to a lesJ{han signiricant bv;i
through data recovery or other.methods determined adequate by a qualified-archaeologist
and that are consistent with the secretary of the lnterior,s stindards for Archeologi"cai
Documentation. Any identified cultural resources shall be recorded on the appropiiaG
DPR 523 (A-J) form and fited with the NW|C;
that s-hould a unique paleontological resource or site or unique geological feature beidentified at the project construclion site during any phase of con=shuciion, the projeci
manager shall cease all construction activities at the site of the discovery and immediaiely
notifylhe city of Burlingame. The project sponsor shall retain a qualified paleontologist toprovide an evaluation of the find- and to prescribe mitigation measures to reduce im-pactsto a less{han-significant level. work may proceed on other parts of the project site wt"rilemitigation for.paleontological resources or geologic features is carried oui. rne proiectsponsor shall be responsible for implementing any additional mitigation ,""srr""prescribed by the paleontologist and approved by the City; and
that if human remains are discovered at any project construction site during any phase ofconstruction, all ground-disturbing activity within 100 feet of the resources irratl ue naneoand the city of Burlingame 1n! the county coroner shall be notified immeaiatelv,
according to section 5097.98 of the state public Resources code and section 7050.5 oi
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EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review, Condominium permit, and
Density Bonus.
128 Lorton Avenue
Effective July 23,2020
Page 10
10
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 shall also retain a
professional archaeologist with Native American burial experience to conduct a field
investigation of the specific site 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 responsible for approval of recommended
mitigation as it deems appropriate, taking account of the provisions of State law, as set
forth in CEQA Guidelines section 15064.5(e) and Public Resources Code Section
5097.98. The project sponsor shall implement approved mitigation, to be verified by the
City of Burlingame, before the resumption of ground-disturbing activities within 1OO feet of
where the remains were discovered.