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HomeMy WebLinkAboutReso - PC - 2021.05.10 - 7D (34-2021)DocrrSign Enyeloper'l O :59E67836-1 FE9-4559-ABA'1 -FE'.t 647 C67BB4 RECORDING REQUESTED BY: Planning Department City of Burlingame WHEN RECORDED MAIL TO: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CA 94010 2021-139019 11:08 am Ogl29l21 Rl Fee: NO FEE Count of Pages 21 Recorded in Official Records County of San Mateo Mark Church ,\Assessor-County Clerk-Recorder ilililirllliiliiillllillllilillllllilillllilllilllillliiillliliiiiiriillr*$Rr1 00314 88189* Resolution No. 34 - 2021 220 PARK ROAD APNs 029-204-250 & 029-204-230 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. Date: Kevin 09.09.21 by; Director DocuSign.Envetope 1D: 59E67836-1 FE9-4559-ABAi -FE1 647C67B84 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BURLINGAME APPROVING MODIFICATIONS TO TWO CONDITIONS OF APPROVAL TO CORRECT MINOR TEXT ERRORS FOR A PREVIOUSLY APPROVED APPLICATION FOR ENVIRONMENTAL REVIEW, COMMERCIAL DESIGN REVIEW, HISTORIC VARIANCES FOR HEIGHT (TITLE 2t) AND PARKING, AND A PARKING EASEMENT (BELOW GRADE UNDER LOT E) FOR THE REDEVELOPMENT AND RESTORATION OF PORTIONS OF THE EXISTING POST OFFICE BUILDING AND CONSTRUCTION OF A NEW 6-STORY OFFICE PROJECT WITH GROUND FLOOR RETAIL AND TWO LEVELS OF UNDERGROUND PARKING AT 220 PARK ROAD. WHEREAS, on April 9, 2020,220 Park - Burlingame, LLC (Sares Regis / Dostart Development Company) on behalf of the property owner, Burlingame Park Square LLC, filed an application with the City of Burlingame Community Development Department - Planning Division requesting approval of the following requests: Environmental Review (CEQA Section 15183) consisting of a checklist and lvlitigation Monitoring and Reportlng plan (MMRP); Commercial Design Review for a new, six-story mixed use office building Getail and office) (Code Sections 25.57.010 (c) and 25.33.020); Historic Variance (Title 2'1) for Building Height, 98'-6" proposed where 55' is the maximum allowed (Code Section 21.04.120 (a)(3)(BXi)); Historic Variance (Title 21) for Parking for 187 parking spaces; 2BO on-site parking spaces provided (1 :500 SF ratio for office) where 467 parking spaces are required (1 :300 SF ratio for office) (Code Section 21.04.120 (a)(3XB)(i)); and Parking Easement (below grade under Lot E) for encroachment beyond property line on City Parking Lot E which is subject to approval by City Council and will be subject to specific terms and conditions to be determined. WHEREAS, on July 13,2020the Planning Commission conducted a duly noticed public hearing (design review study) to review the proposed project. At that time direction was provided to the applicant regarding minor design modifications; and WHEREAS, on November 23, 2020 the Planning Commission conducted a duly noticed public hearing, and following consideration of all information contained in the staff report, all written correspondence, and all public comments received at the public hearing, the Planning Commission granted approval for the redevelopment and restoration of portions of the existing Post Office building and construction of a New 6-story Office Project with Ground Floor Retail and two levels of Underground Parking based on the following findings regarding the project enti ements; and WHEREAS, on May 10, 2021 lhe Planning Commission conducted a duly noticed public hearing to review modifications to two of the conditions of approval which are not considered substantive changes but are simply clerical changes. The plans approved for the project on November 23, 2o2o arc unchanged. 1 DocuSign Envelope lDi 59E67836-1FE9-4559-ABA'1-FE1647C67884 Desion Review Findinos that the proposal consisting of a variety of materials such as cast stone panels, brick veneer, stone concrete trim with a painted aluminum canopy and vision glass window wall system, in a contemporary style that would differentiate the new construction from the historic portion of the Post Office that is being retained will complement the downtown urban fabric and is consistent with the pattern of diverse architectural styles that characterize the city's commercial areas; that the proposed storefront, consisting primarily of an aluminum and glass system recessed at various points along the building fagade and a metal canopy at the main entry to the building, and concealing the parking garage by locating it below grade and placing the vehicle entry to the garage at the rear of the building, promotes pedestrian activity by allowing views direcfly into the retail business; that the proposed project respects the promotion of pedestrian activity by placement of buildings to maximrze commercial use of the street frontage with the creation of new retail and restaurant uses that would be located adjacent to the newly expanded sidewalk on Lorton Avenue and would provide a direct inter face with pedestrians; the design provides off-street public spaces with a promenade that would provide public space from park Road directly through to Lorton Avenue (independent ofthe proposed town square); and the parking would not dominate street frontages as it would be located below grade and would also be available for public use in the evenings and on weekends; that the subject property is a center piece of the downtown area and is visually prominent, and while it would be significantly over the ss-foot height timit, at 98 -6", the design fits the site and is compatible with the surrounding development in that the architecture steps back and pays homage to the Post office with a variety of terraces and stacked volume that work to respect the surrounding subordinate structures, in addition the proposed building is consistent with the architectural style and mass and bulk with other structures by using a variety of materials including precast concrete, brick veneer, ceramic tile and painted aluminum; that the site features such as landscaping, with five new street trees along Lorton Avenue and three new street trees along Park Road, as well as pedestrian circulation that will be provided with a through promenade from Park Road to Lorton Avenue will enrich the existing opportunities of the commercial neighborhood; and that the proposal is consistent with the design guidelines established in chapter 5 of the Downtown Specific Plan (Design & Character)- Historic V nce Findinos Title 21 - For Parking That the parking reduction is appropriate to account for the obstacle of building around a historic building (Post Office); that the site is constrained by the required preservation of portions ofthe historic building under the Preservation Covenant as well as the underground box culvert that passes through the property, which diminish the ability to construct parking at grade given the dimensional constraints with the retention ofthe building and the code required aisle and parking space dimensions, therefore the granting of the parking Variance is necessary for the preservation and enjoyment ofa substantial property right and to prevent unreasonable property loss or unnecessary hardship; that the granting of the parking variance 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 because the proposed ratio of 1 parking space per 500 square feet is appropriate given the location of the project in a downtown area near 2 Docusign Envelope lD: 59E67836-1FE9-4559-ABA1-FE1647C67884 services and high quality public transit and the project includes a TDM plan to support alternative modes of transportation. For these reasons, the proposed project may be found to be compatible with the Variance criteria. Title 21 - For Height That since the proposal meets the Goals and Policies of the Downtown Specific plan to guide growth and development in Downtown Burlingame, the use will be in compliance with the General Plan for the area; and that conditions of approval have been suggested for consideration to assure that the proposal is compatible with the aesthetics, mass, bulk and character of existing and potential uses on adjoining properties in the general vicinity; that the physical location of the historic Post Office building along with the underground box culvert that passes through the property precludes portions of the property from being built upon and therefore is tantamount to exceptional or eltraordinary circumstances or conditions applicable to the subject property involved that does not apply generally to other properties in the same dishict and therefore justifies the requested Height Variance of 43'-6" over the 55'-0" height limit with an overall height of 98 -6"; that an equivalent property in the HMU District could support the code complying construction of an approximately 220,000 SF building based on the applicant,s example scenario therefore, the additional height requested, 43'-6" to allow a maximum height of 98'-6'where 55' is the maximum in the HMU District is necessary for the preservation and enjoyment of a substantial property right ofthe applicant, and to prevent unreasonable property loss or unnecessary hardship. For these reasons, the proposed project may be found to be compatible with the Variance criteria. WHEREAS, said matlers were heard by the Planning Commission of the City of Burlingame on Mav 10. 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 l. On the basis of the documents submitted and reviewed, and comments received and addressed by this Commission, it is hereby found that there is no substantial evidence that the project set forth above will have a significant effect on the environment, per CEQA Section 15183, Consistency with the General Plan and Downtown Specific Plan, with incorporation of the project specific mitigation measures as set forth in the Mitigation Monitoring and Reporting plans (lvlMRP) is hereby approved. Section 2. Said Commercial Design Review, and Historic Variances are approved subject to the conditions set forth in Exhibit "A" attached hereto, with a recommendation to City Council for approval of the Parking Easement. Findings for such Commercial Design Review, and Historic Variances 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. 3 DocuSign' Envelope lD: 59E67836-1 FEg.455S-ABA1 -FE1 647C67884 M'nslr il an Rav I arios 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 10bjgy {_lv!E}t28e!- by the following vote: Secretary 220 PARK RD. . RESO }L2021 AYES: CO AROTO, GAUL, LARlOs, LOMS, SCH ID, TERRONES, TSE ABSEI{T NONE RECUSED: NOI{E Gkd 4 t, DocuSign Envelope lD: 59E67836-1 FE9-4559-ABA1-FE'1647C67884 EXHIBIT "A" Minor Modifications to Conditions of Approval for Environmental Review, Commercial Design Review, Historic Variances, and Parking Easement. 220 Park Road Effective May 20,2021 Page 1 that the project shall be built as shown on the plans submitted to the planning Division date stamped October 16, 2020, sheets A0.1 through A3.5, sheets t-001 through l-601, sheets C'l .00 through C4.00; 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; 2 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 staffl; 7 8 that the project shall include the Transportation Demand Management Measures as proposed in the Transportation Demand Management (TDM) Plan, prepared by Fehr & Peers, dated November 12, 2020i that a TDM annual report shall be prepared by a qualified professional 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 reduction in trip generation compared to the standard rate estimated by the lnstitute of Transportation Engineers (lTE) Trip Generation Manual ('lOth Edition) is not achieved, the report shall explain how and why the goal has not been reached; in such a circumstance the annual report shall identify a work plan, to be approved by the City of Burlingame, which describes additional or alternative measures for implementation that would be necessary to enhance the TDM program to attain the TDM goal of 20 percent reduction in trip generation; that the City may consider whether the employer/tenant has made a good faith effort to meet the TDM goals and may allow the employer/tenant a six-month "grace period', to implement additional TDM measures to achieve the 20 percent vehicle trip reduction; that prior to the issuance of building permits, a covenant agreement shall be recorded office with the San Mateo County Assessor and Recorder's Office to provide constructive notice to all future owners of the property of any ongoing programmatic requirements that discloses the required Transportation Demand Management (TDM) provisions and any conditions of approval related herein to compliance and reporting for the TDM; 1 4. 5. DocuSign.Envelope rD: 59E67836-1 FE9-4559-ABAI -FEl 647C67884 EXHIBIT "A" Conditions of Approval for Environmental Review, Commercial Design Review, Historic Variances and Parking Easement. 220 Park Road Effective May 20, 2021 Page 2 that prior to issuance of a building permit for the project, the project applicant shall pay in full the commercial linkage fee estimated to be $3,449,408.00, as of the entiflement approval hearing on November 23, 2020', however this fee shall be calculated based on the fee schedule in effect at the time the building permit is issued and therefore may change from the above estimated depending upon when the building permit is issued; 10.that prior to final inspection or the date the certificate of occupancy is issued, whichever occurs flrst, the project applicant shall pay the Public lmpact Fees in the amount of g 1,415,974.00 in full, payable to the City of Burtingame and submitted to the planning Division; o 11. 12 13 14. 15 that the project shall be conshucted in accordance with the July 14, 2020 "Request for Alternate Materials or Methods of Construction" agreement between the applicant (The Fire Consullants lnc. Brian Gagnon, PE for Andrew Turco, Sares Regis or any future owner) and Central County Fire Department which requires the following: that the conditions of the Building Division's April 17, 2020 memo, the Stormwater Division's April 13, 2020 memo, the Park's Divislon's April 21,2O2O and July 7,2020 memos, Fire Division's May 5, 2020 and August 11, 2020 memos and the public-Works Engineering Division's April 23, 2020 and June 29, 2020 memos related to the building permit submittal shall be met; a. The fire sprinkler system shall be equipped with quick response sprinkler heads throughout the garage levels; b. The fire command center shall be a minimum of 144 square feet, with a minimum dimensions of 10 feet; c. Standpipe outlets shall be located immediately outside the stairwell doors on the roof level. All other standpipe outlets shall be located at the intermedlate stairwell landing within each stairwell. that a 1s-foot long painted red curb should be provided adjacent to the project driveway on Lorton Avenue to comply with Caltrans sight distance requirements. Appropriate visible warning signs and audible warning signals should also be provided at the parking garage entrance to alert pedestrians and bicyclists of vehicles exiting the garage; that during construction, the applicant shall provide fencing (with a fabric screen or mesh) around the project site to ensure that all construction equipment, materaals 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 except for portions of the historic post office structure that would be temporarily stored as explicitly outlined in the development agreement, which would allow the Post office building to be temporarily relocated outside of the footprint of the to-be-constructed parking garage to the adjacent site (Lot E) to the northwest and to a portion of the adjacent Park Road righlof-way to the southeast; the preserved portions 2 Docusign Envelope lD: 59E67836-1FE9-4559-ABA1-FE1647C67884 of the building would then be returned to their historic location and orientation following completion of the underground parking garage and grade-equivalent concrete deck above the underground parking; 16 17. 18 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 construclion 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 of the project site; that the project applicant and its construction contracto(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. Designation of a readily available contact person for construction activities who would be responsible for responding to any local complaints regarding traffic or parking. This coordinator would determine the cause of the complaint and, where necessary, would implement reasonable measures to 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 storm even; stabilizing disturbed soils throughout temporary or permanent seeding, mulching matting, or tarping; rocking unpaved vehicle access to limit dispersion of mud onto public right-of- way; covering/tarping stored construction materials, fuels and other chemicals; 3 EXHIBIT "A" Conditions of Approval for Environmental Review, Commercial Design Review, Historic Variances and Parking Easement. 220 Park Road Effective May 20, 202'l Page 3 DocuSign Envelope ID: 59E67836-1 FE9-4559-ABA1-FE1647C67884 EXHIBIT'A" Conditions of Approval for Environmental Review, Commercial Design Review, Historic Variances and Parking Easement. 220 Park Road Effective May 20, 2021 Page 4 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 interceplor; 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; 21.thatall site catch basins and drainage inlets flowing tothe bayshall 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 Reforeslation 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; 22 19 20. 4 23. that project approvals shall be conditioned upon installation of an emergency generator to power the sump pump system; and the sump pump shall be redundant in all mechanical and electrical aspects (i.e., dual pumps, controls, level sensors, etc.). Emergency generators shall be housed so that they meet the City's noise requirement; 24. that the project sponsor shall coordinate improvements to the existing sanitary sewer infrastructure with the City Engineer, as required by SCA-21, and upgrade approximately 200 linear feet of the sewer line in Lorton Avenue from a 6-inch vitrified clay pipe to an 8-inch high-density polyethylene pipe; 25. 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 and the street trees will be protected during construction as required by the City Arborist; 26. 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; 27. 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 complywith allthe regutations of the Bay Area Air Quality Management District; 28. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; DocuSign Envelope lDi 59E67836-1FE9-4559-ABAI-FE1647C67884 EXHIBIT'A" Conditions of Approval for Environmental Review, Commercial Design Review, Historic Variances and Parking Easement. 220 Park Road Effective May 20,2021 Page 5 that the project shall meet all lhe requirements of the California Building and Uniform Fire Codes, as amended by the City of Burlingame; that this project shall comply with Ordinance No. 1477, Exterior lllumination Ordinance; 29 30 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; 32 33 The following conditions shall be met during the Building lnspection process prior to the inspections noted in each condition: that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners, set the building envelope; that prior to scheduling the framing inspection, the project architect, engineer or other licensed professional shall provide archilectural certification that the architectural details such as window locations and bays are built as shown on the approved plans; if there is no licensed professional involved in the project, the property owner or contractor shall provide the certification under penalty of perjury. Certifications shall be submitted to the Building Division; 35. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Division; that prior to final inspection, Planning Division staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans; The following conditions of approval are from the CEQA 15183 Checklist prepared for the project: 36. that the project sponsor shall ensure that all off-road diesel-powered equipment used during construction is equipped with engines that meet EpA Tier 4 ,,final', emission standards; J/.that the project sponsor, or conlractor, shall implement the following measures to minimize hazards for birds: . Reduce large areas of transparent or reflective glass; . Locate water features, trees, and bird habitat away from building exteriors to reduce reflection; . Reduce or eliminate the visibility of landscaped areas behind glass; 34 ( 31. DocuSiOn Envelope ID: 59E67836-1FE9-4559-ABA1-FE1647C67884 EXHIBIT "A" Conditions of Approval for Environmental Review, Commercial Design Review, Historic Variances and Parking Easement. 220 Park Road Effective May 20, 2021 Page 6 Turn non-emergency lighting off at night, especially during bird migration season (February-May and August-November); lnclude window coverings that adequately block light transmission from rooms where interior lighting is used at night and install motion sensors or controls to extinguish lights in unoccupied spaces; Design and/or install lighting fixtures that minimize light pollution, including light trespass, over-illumination, glare, light clutter, and skyglow, and use bird-friendly colors for lighting when possible. The City of San Francisco's Standards for Bird- safe Buildingsl provides an overview of building design and lighting guidelines to minimize bird/building collisions that could be used to guide the Project Sponsor. that the Project Sponsor shall provide acoustical treatments for the proposed emergency generator to ensure that noise levels do not exceed the 60 dBA L"q daytime threshold for mechanical equipment. ln addition, the Project Sponsor shall provide acoustical treatments as needed for the proposed HVAC equipment to ensure noise levels do not exceed the nighttime noise limit of 50 dBA L"q at the property line. These limits are in accordance with the noise limitations specified in the City Municipal Code. Any required acoustical treatments can be specified by retaining a qualified acoustical consultant. Treatments may include, but are not limited to: . lnstalling stationary equipment as far as possible from offsite noise-sensitive land uses and the property line to reduce noise levels at adjacent parcels; o Construcling enclosures around noise-generating mechanical equipment; . Placing barriers around the equipment; o Using mufflers or silencers on equipment exhaust fans; . Orienting or shielding equipment to protect sensitive uses to the greatest extent feasible; and . Limiting the testing of emergency generators to daytime hours (7:00 a.m. to 10:00 p.m.) that prior to the start of construction, a vibration conhol plan shall be prepared to describe the specific methods that the contractor will use to avoid vibration impacts on the historic Post Office building during removal and temporary relocation, as applicable. The plan shall include a building inspection and conditions report prior to construction, which will determine the need for ongoing monitoring or subsequent inspections. Because of the historic status of the building, the plan shall provide details on how vibration from Project City and County of San Francisco. 2011. Standards for Bird-safe Buildings. San Francisco Planning Department. July 14. Available: http://www.sf-planning.org/ftp/files/publications-reports/bird_safe_bldgs/ Standards_for_Bird_Safe_Buildings_7-5-1 1.pdf. Acc€ssed: September 1 1, 2020. 38. 39 6 1 DocuSign En,,/elope lD: 59E67836-1FE9-4559-ABA1-FE1647C67884 EXHIBIT "A" Conditions of Approval for Environmental Review, Commercial Design Review, Historic Variances and Parking Easement. 220 Park Road Effective May 20, 2O21 Page 7 demolition and the operation of heavy equipment near this building at the original and/or the new building site will be addressed. lf determined at the temporary site that the potential for damage to the building during construction is high, the temporary location for building storage shall be modified so that vibration from construction will be below the applicable damage threshold for the building; 40 that as construction conditions permit, heavy vibration-producing equipment such as hoe rams, bulldozers, and drill rigs will be located at least 25 feet away from adjacent office buildings. During construction, if this type of equipment is required inside 25 feet, alternative techniques that rely on smaller equipment types shall be used. lf the use of heavy equipment is required within 25 feet of buildings and no equipment alternatives are feasible, a designated coordinator shall be responsible for handling and responding to any complaints received during such periods of construction. A reporting program shall be required that documents complaints received, actions taken, and the effectiveness of these actions in resolving disputes; The following conditions of approval are Standatd Conditions of Approval applicable to a project within the Burlingame Downtown Specific Plan Area: 41 that priorto issuance of a demolition, grading, building, or other construction-related permit the project sponsor shall 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 areas for non-residential uses shall 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 qualified professional engineer and approved by the Burlingame Department of Public Works prior to receiving a building permit; 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 sha ensure implementation of the following mitigation measures during project construction, in accordance with BAAQMD standard mitigation requirements: a All exposed surfaces (e.9., parking areas, slaging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day or as necessary. b. All haul trucks transporting soil, sand, or other loose material offsite shall be covered or otherwise loaded consistent with California Vehicle Code Section 231 14. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry sweeping is prohibited. 7 DocuSign Envelope lD: 59E67836-1 FE9-4559-ABA1-FE1647C67884 EXHIBIT "A" Conditions of Approval for Environmental Review, Commercial Design Review, Historic Variances and Parking Easement. 220 Park Road Effective May 20, 2021 Page I d. All vehicle speeds on unpaved roads shall be limited to 15 mph e. All roadways, driveways, sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. 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. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall 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 of the fleet. b. Use at least 10 percent local building materials c. Recycle at least 50 percent of construction waste or demolition materials. 45.that the project sponsors Shall Provide Adequate Secure Bicycle Parking in the Plan Area at a Minimum Ratio of 1 Bicycle Spot for Every 20 Vehicle Spots; that employers shall post and update information on alternate modes of transportation for the area (i.e. bus/shuttle schedules and stop locations, maps); 47.that long{erm parking lots shall provide preferential parking for carpool/vanpool drivers as well as low/no emission vehicles; the project sponsor shall incorporate recycling measures and incentives such that a solid waste diversion 'ate oi 75yo is achieved upon occupation of each phase of plan development; 46 48 49. the project sponsor shall incorporate commercial water efficiency measures such that water consumption is decreased by a minimum of 10 percent over curent standard water demand factors; 8 Docusign Envelope lD: 59E67836-1FE9-4559-ABA1-FE1647C67884 EXHIBIT "A" Conditions of Approval for Environmental Review, Commercial Design Review, Historic Variances and Parking Easement. 220 Park Road Effective May 20, 2021 Page 9 that prior to issuance of a demolition, grading, or other construction-related permit, all development proposals in the Downtown Specific Plan Area that require a traffic study shall evaluate trip contribution to the California DriveiLorton Avenue intersection. For projects that are determined to contribute trips to the California Drive/Lorton Avenue intersection, condition of approval #51 shall apply; 51 that prior to issuance of a demolition, grading, building, or other construction-related permit, in order to fund the installation of a new traffic signal, the City of Burlingame shall collect a fair share fee from each project sponsor identified under condition of approval #50. The fair share fee shall be determined in consultation with the City Engineer; 52.that prior to issuance of a demolition, grading, building, or other construction-related permit, where avoidance of regulated wetlands and waters is not feasible, and before any construction activities are initiated in jurisdictional areas, the City shall consult with USACE, RWQCB, and CDFG to determine if permits would be required for construction activities. If deemed necessary, the following permits shall be obtained, as applicable to the activities in question. . CWA Section 404 permit from the USACE. . CWA Section 401 water quality certification from the RWQCB. . CDFG Section 1602 streambed alteration agreement from CDFG. Copies of these permits shall be provided to the contractor, along with the construction specifications. The project sponsor shall be responsible for complying with all of the conditlons set forth in these permits, including any financial responsibilities; 53 that construction shall avoid the March 15 through August 31 avian nesting period to the extent feasible. lf it is not feasible to avoid the nesting period, a survey for nesting birds shall be conducted by a qualified wildlife biologist no earlier than 7 days prior to construction. The area surveyed shall include all clearing/construction areas, as well as areas within 250 ft. of the boundaries of these areas, or as otherwise determined by the biologist. ln lhe 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; 54 that for projects within the Plan Area that require excavation, a Phase I Environmental Site Assessmenl (and Phase ll sampling, where appropriate) would be required. lf the phase I Environmental Site Assessment determines that remediation is required, the project sponsor would be required to implement all remediation and abatement work in accordance with the requirements of the Department of Toxic Substances Control (DTSC), Regional Water Quality Control Board (RWOCB), or other jurisdictional agency; 50. q DocuSign Envetope iO: 59E67836-1 FE9-4559-ABA1-FE.1647C67B84 EXHIBIT "A" Conditions of Approval for Environmental Review, Commercial Design Review, Historic Variances and Parking Easement. 220 Park Road Effective May 20,2021 Page 1 0 55. that 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 around particularly noisy areas of the slte or around the entire site; - Use shields, impervlous fences, or other physical sound barriers 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. lmpact equipment (e.9., jack hammerc and pavement breakers) shall be hydraulically or electrically powered wherever possible to avoid noise associated with 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. 56 R7 the project sponsor shall incorporate the following practice into the construction documents to be implemented by construction contractors: The project sponsor shall require that loaded trucks and other vibration-generating equipment avoid areas of the project site that are located near existing residential uses to the maximum extent compatible with project construction goals; that if the project increases sewer flows to the sanitary sewer system, the project sponsor shall coordinate with the City Engineer to determine if improvements to public sanitary sewer infrastructure are needed. lf improvements are needed, the following shall apply: . that prior to issuance of a building permit, the project sponsor shall develop a plan to facilitate sanitary sewer improvements. The plan shall include a schedule for 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 applv: . that prior to issuance of a building permit the project sponsor shall be required to provide a plan to supply adequate water supply for fire suppression to the project site, 10 58. DocuSign Envelope lD: 59E67836-1FE9-4559-ABAl-FE1647C67B84 EXHIBIT "A" Conditions of Approval for Environmental Review, Commercial Design Review, Historic Variances and Parking Easement. 220 Park Road Effective May 20, 2021 Page 1 1 consistent with the Fire Marshal's requirements. The plan shall be reviewed by the Fire Marshal. The project sponsor shall be responsible for implementation of the plan including installation of new water mains, and/or incorporation 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 archeological site or other suspected cultural resource as defined by CEQA Guidelines Section 15064.5, including darkened soil representing past human activity ("midden"), that could conceal material remains (e.9., worked stone, worked bone, fired clay vessels, faunal bone, hearths, storage pits, or burials) is discovered during construction-related earth-moving activities, all ground-disturbing activity within 100 feet of the resources shall be halted and the City of Burlingame shall be notified_ The project sponsor shall hire a qualified archaeologist to conduct a field investigation. The City of Burlingame shall consult with the archeologist to assess the significance of the find. lmpacts to any significant resources shall be mitigated to a less{han significant level through data recovery or other methods determined adequate by a qualified archaeologist and that are consistent with the Secretary of the lnterior's Standards for Archeological Documentation. Any identified cultural resources shall be recorded on the appropriate DPR 523 (A-J) form and filed with the NWIC; 60 6'1. 59. that should a unique paleontological resource or site or unique geological feature be identified at the project construction site during any phase of construction, the project manager shall cease all construction activities at the site of the discovery and immediately notify the City of Burlingame. The project sponsor shall retain a qualified paleontologist to provide an evaluation of the find and to prescribe matigation measures to reduce impacts to a lessthan-significant level. Work may proceed on other parts of the project site while mitigation for paleontological resources or geologic features is carried out. The project sponsor shall be responsible for implementing any additional mitigation measures prescribed by the paleontologist and approved by the City; and that if human remains are discovered at any project construction site during any phase of construction, all ground-disturbing activity within 100 feet of the resources shall be halted and the City of Burlingame and the County coroner shall be notified immediately, according to Section 5097.98 of the State Public Resources Code and Section 7O5O.S of california's Health and safety code. lf the remains are determined by the county coronerto 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 aprofessional 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.s(e) and pubtic Resources code section 5097.98. The project sponsor shall implement approved mitigation, to be verified by the City of 11 DocuSign Envelope lD: 59E67836-1FE9-4559-ABA1-FE1647C67884 EXHIBIT "A" Conditions of Approval for Environmental Review, Commercial Design Review, Historic Variances and Parking Easement. 220 Park Road Effective May 20, 2021 Page 12 Burlingame, before the resumption of ground-disturbing activities within 100 feet of where the remains were discovered. The following conditions of approval are from applicable policies of the 2040 Generat plan or the Environmental lmpact Report prepared for the 2040 General Plan: bl Policy HP-3:12: Project-Specific Gonstruction Best Practices. The Project sponsor shall ensure implementation of the following BMPS during Project construction, in accordance with the BAAQMD's standard requirements:. All exposed surfaces (e.9., parking areas, staging areas, soil piles, graded areas, unpaved access roads) shall be watered two times per day.. All haul trucks transporting soil, sand, or other loose material offsite shall be covered.. All visible mud or din track-out onto adjacent public roads shall be removed using wet-power vacuum street sweepers at least once per day. The use of dry-power sweeping shall be prohibited.. All vehicle speeds on unpaved roads shall be limited to 15 mph.. All roadways, driveways, and sidewalks that are to be paved shall be paved as soon as possible. Building pads shall be laid as soon as possible 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 5 minutes (as required by the California Airborne Toxics Control Measure, Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points.. All construction equipment shall be maintained and properly tuned, in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.. A publicly visible sign with the name and telephone number of the person to contact at the lead agency regarding dust complaints shall be posted. This person shall respond and take corrective action within 48 hours. The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. 63 PSM-CUL-1 : Undiscovered Archaeological Resources. A qualified archaeologist shall conduct a pre-construction archaeological sensitivity training session for the excavation crew. This training will include an overview of what cultural resources are and provide information regarding why such resources are important, archaeological terms (such as site, feature, deposit), project site history, the types of cultural resources that are likely to be uncovered during excavation, the laws that protect cultural resources, and the protocol for unanticipated discoveries (see below). An "Alert Sheet" shall be posted in conspicuous locations on the project site to alert personnel to the procedures and protocols to follow after discovery of potentially significant precontact archaeological resources. 12 DocuSign Envelope lD: 59E67836-lFE9-4559-ABA1-FE1647C67B84 EXHIBIT'A" Conditions of Approval for Environmental Review, Commercial Design Review, Historic Variances and Parking Easement. 220 Park Road Effective May 20, 2021 Page 13 64. PSM-CUL-I: Undiscovered Archaeological Resources. ln the event that archaeological resources are encountered during construction, work shall be halted withln 100 feet ofthe 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. 65.PSM-CUL-I: Undiscovered Archaeological Resources. 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 ofthe site or any nearby area reasonably suspected to 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 in origin, the lead agency shall work with the NAHC and the applicant to develop an agreement for treating or disposing of the human remains. 66 PSM-CUL-l : Undiscovered Archaeological Resources. lf archaeological resources are identified, a final report summarizing the discovery of cultural materials shall be submitted to the City's Community Development Director prior to issuance of building permits. This report shall contain a description of the mitigation program that was implemented and its results, including a description of the monitoring and testing program, a list of the resources found and conclusion, and a description of the dispositionicuration of the resources. b/CS4.l0: Project-Specific Construction Noise Control Measures. To reduce construction noise impacts, the project contracto(s) shall implement the following actions:. ln compliance with Chapter 18.07.1 1 0 of the Municipal Code, construction activities, including truck traffic coming to and from the construction site for any purpose, shall be limited to the hours of 8:00 a.m. to 7:00 p.m., Monday to Friday, and 9:00 a.m. to 6:00 p.m. on Saturdays, unless permission is granted with a development permit or other planning approval.. Construction staging areas shall be established at locations that will create the greatest distance between the construction-related noise sources and noise- sensitive receptors nearest the project site during all project construction.. Avoid the use of circular saws, miter/chop saws, and radial arm saws near the adjoining noise-sensitive receptors. Where feasible, shield saws with a solid screen with material having a minimum surface density of 2 pounds per square foot (e.9., such as 0.74 inch plywood).. Unnecessary idling of internal combustion engines shall be stricfly prohibited.. Control noise from construction workers' radios to a point where they are not audible at existing residences bordering the project site.. Maintain smooth vehicle pathways for trucks and equipment accessing the site and avoid local residential neighborhoods as much as possible. 13 Docusign Envelope lb: 59E67836-1FE9-4559-4BA1-FE1647C67884 EXHIBIT'A" Conditions of Approval for Environmental Review, Commercial Design Review, Historic Variances and Parking Easement. 220 Park Road Effective May 20, 2021 Page 14 During final grading, substitute graders for bulldozers, where feasible. Wheeled heavy equipment are quieter than track equipment and should be used where feasible. During interior construction, locate noise-generating equipment within the building to break the line-of-sight to the adjoining receptors. The contractor shall prepare a detailed construction plan identifying the schedule for major noise-generating construction activities. The construction plan shall identify a procedure for coordination with adjacent residential land uses so lhat construction activities can be scheduled to minimize noise disturbance. Designate a "disturbance coordinator" who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.9. bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction schedule. Policy CS-4.12: Project-Specific Vibration Control Measures. To reduce construction vibration impacts, the project contracto(s) shall implement the following actions:. A list of all heavy construction equipment to be used for the proposed project known lo produce high vibration levels (tracked vehicles, vibratory compaction, jackhammers, hoe rams, etc.) shall be submifted to the City of Burlingame by the contractor. This list shall be used to identify equipment and activities that would potentially generate substantial vibration and to define the level of effort for reducing vibration levels below the thresholds.. Operating equipment on the construction site shall be placed as far as possible from vibration-sensitive receptors.. Smaller equipment shall be used where possible to minimize vibration levels below the limits.. Vibratory rollers and tampers shall not be used within 20 feet of abutting buildings.. Demolition methods not involving impact tools shall be used.. Alternative construction methods to reduce vibration levels below the limits shall be identified and used.. Dropping of heavy objects or materials shall be avoided.. Neighbors within 100 feet of the construction site shall be notified ofthe construction schedule and that there could be noticeable vibration levels during project construction activities.. lf heavy construction is proposed within 20 feet of abutting buildings, a construction vibration-monitoring plan shall be implemented prior to, during, and after vibration generating construction activities located within these setba;ks. All plan tasks shall be undertaken under the direction of a licensed professional Structural Engineer in the State of California and be in accordance with industry accepted standard methods. The construction vibration monitoring plan should be implemented to include the following tasks: 68 14 DocuSign Envelope lb: 59E67836-1 FE9-4559-ABA'1 -FEl 647C67B84 EXHIBIT "A" Conditions of Approval for Environmental Review, Commercial Design Review, Historic Variances and Parking Easement. 220 Park Road Effective May 20, 2021 Page '15 bv 70. 15 o Performance of a photo survey, elevation survey, and crack monitoring survey for the abutting buildings. Surveys shall be performed prior to and after completion of vibration generating construction activities located within 20 feet of the structure. The surveys shall include internal and external crack monitoring in the structure, setflement, and distress, and shall document the condition of the foundation, walls and other structural elements in the interior and exterior of the structure.o Conduct a post-survey on the abutting buildings where either monitoring has indicated high levels or complaints of damage. Make appropriate repairs in accordance with the Secretary of the lnterior,s Standards where damage has occurred as a result of construction activities.o The results of any vibration monitoring shall be summarized and submitted in a report shortly after substantial completion of each phase identified in the project schedule. The report will include a description of measurement methods, equipment used, calibration certificates, and graphics as required to clearly identify vibration-monitoring locations. An explanation of all events that exceeded vibration limits will be included together with proper documentation supporting any such claims.o Designate a person responsible for registering and investigating claims of excessive vibration. The contact information of such person shall be clearly posted on the construction site. HP-5.2: Migratory Birds. Avoid construction activilies that involve tree removal between March and June, unless a bird survey has been conducted to determine that the tree is unused during the breeding season by avian species protected under california Fish and Game Codes 3503, 3503.5, and 351 1 ; MM 12-1: Paleontological Assessment. ln areas containing middle to late pleistocene- era sediments where it is unknown if paleontological resources exist, prior to grading an assessment shall be made by a qualified paleontological professional to establish the need for paleontological monitoring. should paleontological monitoring be required after recommendation by the professional paleontologist and approval by the Community Development Director, paleontological monitoring shall be implemented. Paleontological Monitoring. A project that requires grading plans and is located in an area of known fossil occurrence or that has been demonstrated to have fossils present ina paleontological field survey or other appropriate assessment shall have all grading monitored by tralned paleontological crews working under the direction of a qualified professional, so that fossils exposed during grading can be recovered and preserved. should any potentially unique fossils be encountered during development activities, work shall be halted immediately within 50 feet of the discovery, the city of Burlingame planning Department shall be immediately notified, and a qualified paleontologist shall be retainel to determine the significance of the discovery. DocuSign Er.'vetope io: 59E67836-1 FE9-4559-ABA1-FE1647C67884 Paleontological Recovery, ldentification, and Curation. The City and a project applicant shall consider the mitigation recommendations of the qualified paleontologist for any unanticipated discoveries. The City and the project applicant shall consult and agree upon implementation of measures that the City and project applicant deem feasible and appropriate. Such measures may include avoidance, preservation in place, excavation, documentation, curation, data recovery, or other appropriate measures. The project applicant shall be required to implement any mitigation necessary for the protection of paleontological resources. Paleontological Findings. Qualified paleontological personnel shall prepare a report of findings (with an itemized appendix of specimens) subsequent to implementation of paleontological recovery, identification, and curation. A preliminary report shall be submitted, subject to approval by the Community Development Director before granting of building permits, and a final report shall be submitted, subject to approval by the Community Development Director before granting of occupancy permits. 16 EXHIBIT "A" Conditions of Approval for Environmental Review, Commercial Design Review, Historic Variances and Parking Easement. 220 Park Road Effective May 20,2021 Page 16