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