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HomeMy WebLinkAboutReso - PC - 2022.11.14 - 8E-EntitlementsDocuSign Envelope lD: DDEDEC25-73C'1-49FE-84C0-926EA78983D7 RECORDING REOUESTED 8Y Planning Department City of Burlingame WHEN RECORDED [i AIL TO COMMUNITY DEVELOP[,,IENT DEPART[,,IENT CITY OF BURLINGAI\,,IE 501 PRIMROSE ROAD BURLINGAI\,4E, CA 94010 2023-006206 2:43 pm 0211UN23R1 F66: NO FEE Counl ol Pagea 13 Recorded in Olf icial Rocolds Co unty ofSan Mat60 Mark Church As66ssor-County Clork-Record6r [] llrl llilll lll ll llltill lltlll lillll llllrl lll3 3 3'1 147 $a*$R000 Resolution No 2022-11.14-8E-ENTITLEMENTS 777 AIRPORT BOULEVARD APN: 026-344-130 TITLE OF DOCUMENT I hereby certify this to be a full, true and conect copy of the document it purpo(s 10 be. the original ofwhich is on file in my ofilce Date November 28 2422 bujw earhwv \ Kevin Gardrner, AICP Community Development Director ITY RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BURLINGAME APPROVING AN APPLICATION FOR COMMERCIAL DESIGN AND SPECIAL PERMITS FOR BUILDING HEIGHT AND DEVELOPMENT UNDER TIER 3/COMMUNITY BENEFITS FOR A NEW 13.STORY OFFICE/RESEARCH AND DEVELOPMENT BUILDING AT 777 AIRPORT BOULEVARD. (ASSESSOR PARCEL NO: 026-3,t4-130) WHEREAS, on November 10,2021 , LPC West (Lincoln Property Company) filed an application with the City of Burlingame Community Development Department ("City") - Planning Division requesting approval of the following requests: Special Permit for building height greater than 65 feet (194 -0" proposed) (Code Sections 25.12.O3O, Table 25.12-2 and 25 78.060(A)(2)); and ' Special Permit for Community Benefits for increased Floor Area Ratio for a Tier 3 project (3.0 FAR proposed) (Code Sections 25.12 O30, f ade 25 12-2, 25.12.040, and 25 78 070(4)). WHEREAS, on June 13, 2022 and September 12, 2022, the Planning Commission conducted duly noticed public hearings (environmental scoping and design review study) to review a new, 13-story office/research and development building. At that time the Planning Commission requested additional information and direction was provided to the applicant regarding design modifications: and WHEREAS, David J. Powers was the CEQA consultant selected and they have prepared a CEQA checklist under Section 15183 of the California Environmental Quality Act (CEOA). This is based on an understanding that the proposed project is consistent with the updated Burlingame General Plan; and Following consideration of all information contained in the November 14,2022 staff report to the Planning Commission regarding the project, all written correspondence, and all public comments received at the public hearing, the Planning Commission grants approval for a new 13-story office/research and development building based on the following findings regarding the project entitlementsl That the proposed building will be removing a dated hotel and will provide a fresh and modern architectural style on a site that is visible from both Highway 1O1, Anza and Airport Boulevards; the new building will feature a variety of materials including wood soffit materials and stainless steel cladded columns on the ground floor promenade, metal panel systems and unitized curtain wall aluminum framing with spandrel glass on the upper body of the building detailed with extruded aluminum fins. The fins, with a geometric pattern provide visual interest and will add detail to the structure; these materials will blend with the existing office and hotel buildings in the area and will also be compatible with the newer buildings in the surrounding area; Environmental Review pursuant to CEQA Guidelines Section 15183); Commercial Design Review for a new, 13-story office/research and development building (Code Sections 25.13.060 and 25 68.020(C)(3)(a)); Desiqn Review Findinos: 1 That the proposed project respects and promotes pedestrian activity in this district with the overall site design with the parking entrance located on the south side, not facing the street; there would only be a small number of surface parking spaces provided on-site that will be tucked at the rear of the building primarily serving Bay Trail users; That the proposed project will encourage pedestrian activity through improvements to the sidewalk and streetscape on Anza and Airport Boulevards, including a new 7,800 SF public plaza with inviting night lighting and landscaping, and improvements to the Bay Trail. A continuous pedestrian path along the southern edge of the building connects the Airport Boulevard Plaza lo the shoreline improvements, and a new accessible path connects the Anza Boulevard streetscape to the shoreline improvements; That the site is located on the southern portion of the Bayfront adlacent to a mix of hotels and office buildings. The building heights in this area include several hotels ranging from six to nine stories and a recently approved eight story office building that is currently under construction, as well as the Meta campus to the south with office buildings and parking structures ranging from five to eight stories. While the proposed project would be 13-stories. it is prominent corner location that will act as an anchor to this gateway intersection at Anza and Airport Boulevards and that it will be compatible with the mass and bulk of buildings in the area and is consistent with the overall heights established in the General Plan and the Zoning Code. and That the proposed landscaping on the site as well as the improvements off-site, including the planting of 106 new trees on-site and off-site, will enhance this site that front on the Burlingame Lagoon and is prominently viewed from Highway 10'l and from Anza and Airport Boulevards; that the proposed project would significantly improve the pedestnan experience along Airport Boulevard and the pedestrian and bicyclist experience along the Bay Trail. provide substantial new amenities along the Bay Trail that would be accessible to the public, promote accessibility to the Bay Trail, and enhance shoreline resilience to and protection from sea-level rise. That while the proposed 13 story building is a modification to the 65-foot height limit, the proposed project has been redesigned to respect and preserve the character of the Bayfront neighborhood in that the prolect site is uniquely located on a narrow corner property that is a promtnent site visible from Highway 101, Anza Boulevard and Airport Boulevard, while the building is 13 stories this increased height facilitates less surface parking and maintains view corridors. Given that below grade parking is not generally designed into Bayfront projects given geologic conditaons, the on-site parking has been incorporated into the overall design resulting in the increased height; overall the height is in context with surrounding hotel and office buildings, with the upper limit being 1 5 stories, That the proposed project will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or convenience, since it is well articulated with three distinct terraces that have substantial recesses tnto the building elevations on the upper six floor that provides depth on both the north and south elevations; includes high quality materials and will be compatible with buildings in the area that are five to eight stories in height; the proposed modification will allow additional height and result in a higher intensity office/research that will allow the development to occur on a smaller footprint, which opens space for the development of larger public amenities around the site with the public plaza al the front along Airport Boulevard, the Shoreline Plaza with 22,500 SF of publically accessible spaces that will be created plus the redeveloped Bay Trail. The additional height will be consistent with existing character of the Bayfront district; Special Permit Findinos - Buildinq Heiqht: 2 That the proposed height of the building is consistent with the goals and policies of the Burlingame General Plan. Soecial Permit Findinos - lncreased Floor Ratio with Approval of Communitv Benefits That the proposed modification to standards respects and preserves the character of the neighborhood in which the project is located because the Tier 3 development for this project with increased floor area ratio (FAR) facilitates a design that accommodates greater open space and public improvements on-site that complement and also enhance proposed off-site public improvements as well; the proposed FAR is appropriate for this site given the limitations due to the site width and depth; the community benefits proposed improve the pedestrian experience along Airport Boulevard and the pedestrian and bicyclist experience along the Bay Trail, provide substantial new amenities along the Bay Trail that will be accessible to the public, promote accessibility to the Bay Trail, and enhance shoreline resilience to and protection from sea-level rise and therefore respect and preserve the character of the neighborhood in which the project is located: That the proposed project will not be detrimental or rnjurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or convenience because the 3.0 FAR is not anticipated to have any significant adverse impact on the environmental on surrounding properties sanitation, air quality, sewer or stormwater drscharge, or water supply, and all public safety requirements will be addressed. The proposed development has been designed in compliance with all required setbacks and includes landscape buffers and pedestrian amenities lhat complement the building design; That the proposed height of the building and the additional development capacity. with a Tier 3 development at 3.0 FAR is consistent with General Plan goals and policies. WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on November 14, 2022 , at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing, NOW. THEREFORE, IT IS RESOLVED AND DETERMINED BY THIS PLANNING COMMISSION THAT Section 1. Said Commercial Design Review and Special Permits are approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Commercial Design Review and Special Permits are set forth in the staff report, minutes, and recording of said meetrng. Section 2. lt is further directed that a certrfied copy of this resolution be recorded in the official records of the County of San Mateo. Chair s Lclrrt-l-i-filL-, Secretary of the Planning Commission of the City of 2 ].r7 AIRPORT BLVD. - RESO 2022-,I ,1/LAE{NTTTLEENTS ^YE+ COXAROTO, GAUL }IORAII' LOWENTHAT- PFAFF, SCH ID. ISE iaOES: NONE ABSiENTi NONE RECUSED: NOXE Secretary Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 14th dav of November, 2022, by the following vote. 1 EXHIBIT "A" Conditions of Approval for Commercial Design Review and Special Permits 777 Airport Boulevard Effective November 28, 2022 Page 1 that prior to issuance of a building permit for construction of the project, the project construction plans shall be modified to include a cover sheet listing all conditions of approval adopted by the Planning Commission; which shall remain a part of all sets of approved plans throughout the construction process. Compliance wrth all conditions of approval is required; the conditions of approval shall not be modified or changed without the approval of the Plannrng Commission, or City Council on appeal; that any changes to the size or envelope of building, which would include changing or adding exterior walls or parapet walls, or changes to building materials, exterior finishes, wandows, architectural features, roof height, and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYl or amendment to be determined by Planning stafO; that construction of the foundation systems for the building and parking garage shall not include pile driving; that the conditions of the Building Division's August 25,2022 memo, the Fire Division's October 6,2022 memo, the Engineering Division's September 2,2022 memo, and lhe Stormwater Division's October 14, 2022 memo shall be met; that prior to issuance of a building permit for the project, the applicant shall pay in full the commercial linkage fee (final fee amount to be calculated based on the fee schedule in effect at the time the building permit rs issued), made payable to the City of Burlingame and submitted to the Planning Division; fees shall be payable to the City of Burlingame and submitted to the Planning Division, that prior to issuance of a building permil for the project, the applicant shall pay the first half of the Bayfront Development Fee, if applicable (final fee amount to be calculated based on the fee schedule in effect at the time the building permit is issued), made payable to the City of Burlingame and submitted to the Planning Division; that prior to approval of final framing of the building. the applicant shall pay the second half of the Bayfront Development Fee, if applicable (final fee amount to be calculated based on the fee schedule in effect at the time the building permit is issued), made payable to the City of Burlingame and submitted to the Planning Division; 4 5 6 7 8 I that the project shall be built as shown on the plans submitted to the Planning Division date stamped September 26,2022, sheets A0.01 through 42.05, sheets LSo.01 through LS0.05, sheets Gl .01 through G1 .07, sheets C0.001 through C10.001 , and sheets L0.001 through L9.052, that prior to issuance of a building permit for the project, the applicant shall pay in full the Public Facilities lmpact Fee (final fee amount to be calculated based on the fee schedule in effect at the time the building permit is issued), made payable to the City of Burlingame and submitted to the Planning Division; fees shall be payable to the City of Burlingame and submitted to the Planning Division; 2. 1 tt 12 14 '15 to EXHIBIT "A" Conditions of Approval for Commercial Design Review and Special Permits 777 Aiporl Boulevard Effective November 28, 2022 Page 2 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 City may consider whether the employeritenant has made a good faith effort to meet the TDM goals and may allow the owner a srx-month "grace period" to implement additional TDM measures to achieve the 20 percent vehicle trip reduction; that prior to the issuance of a certificate of occupancy, 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; that if the project will utilize shuttles under the jurisdiction of the Peninsula Traffic Congestion Relief Alliance (Commute.org), the employer/tenant shall coordinate with Alliance staff; that prior to issuance of a building permit for vertical construction, the project sponsor shall verify that the Augusl29,2022, FAA Determination of No Hazard to Air Navigation for the project is still current and has not expired (February 29,2024) and if expired, a new FAA Determination of No Hazard to Air Navigation shall be submitted to the City of Burlingame prior to building permit issuance for vertical construction; 17 2 '10.that the project design measures outlined in the Water Supply Assessment, dated October 2022, prepared by EKI Environment & Water lnc., shall be included on the plans submitted to the Building Division; including installing purple piping rn the frontage of the project site for future recycled water usage; implementing the Prescriptive Compliance Option of the Model Water Efficient Landscaping Ordinance (see California Code of Regulations Title 23, Chapter 2.7 , Appendix D); installing 100% WaterSense labeled products, as available; and Under Leadership in Energy and Environmental Design (LEED) ce(ification, incorporate a minimum of four points under the Water Efficiency credit category; that the project shall include the Transportation Demand Management Measures as proposed in the Transportation Demand Management Plan, prepared by Fehr & Peers, daled May 2022; 13.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 (1Oth 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; EXHIBIT "A" Conditions of Approval for Commercial Design Review and Special Permits 777 Ailpori Boulevard Effective November 28, 2022 Page 3 18 that the applicant shall provide evidence of project approval for all Bay Trail improvement from the Bay Conservation and Development Commission (BCDC) prior to building permit issuance; 19 that a Protected Tree Removal Permit shall be required from the City of Burlingame Parks Division to remove any existing protected size trees on the subject property and that the project shall comply with the Tree Protection and Reforestation Ordinance adopted by the City of Burlingame and enforced by the Parks Department. complete landscape and irrigation plans shall be submitted at the time of building permit application for vertical construction and the street trees will be protected during construction as required by the City Arborist; 20 that the approximately 24,500 SF of off-site streetscape improvements (Community Benefit #5) rn the northwest corner, abutting Anza Boulevard and Burlingame Lagoon, shall be approved by the City of Burlingame Parks Division with respect to plant species and irrigation prior to issuance of a building permit; this area shall be improved as per the plans date stamped September 26, 2022 and maintained by the City of Burlingame; as determined by the City of Burlingame Parks Division, irrigation for this portion shall be tied in to the City's existing irrigation so that the irrigation is under the existing City irrigation controller, 21 that the applicant must install shoreline infrastructure to the full elevation specified in the City of Burlingame Map of Future Conditions. However, in-lieu of installing shoreline infrastructure to the fuil elevation specified in the City of Burlingame Map of Future Conditions, the appficant may do both of the following. (a) install shoreline infrastructure to an elevation equal to the FEMA Coastal BFE + 3.0 feet that is FEMA-certified (conforming to Title 44, Section 65.10 of the Code of Federal Regulations); and (b) dedicate a Public Use Easement to the City and/or the San Mateo County Flood and Sea Level Rise Resiliency District across the '1oojoot shoreline band to accommodate the full elevation of required shoreline infrastructure improvements which easement expressly allows the City and/or District to install such improvements within the Public Use Easement. Any Public Use Easement must be reviewed and approved by the City and the District prior to recordation, which approval shall not be unreasonably withheld. 22 that prior to issuance of the superstructure building permit, the applicant shall execute an agreement with the City identifying the landowner's ongoing maintenance obligations for the shoreline infrastructure approved as part of a development: that if the City determines that the structure interferes with City communications in the City, the property owner shall permit public safety communications equipment and a wireless access point for City communications to be located on the structure in a location to be agreed upon by the Caty and the property owner. The applicant shall provide an electrical supply source for use by the equipment. The applicant shall permit authorized a1 EXHIBIT'A" Conditions of Approval for Commercial Design Review and Special Permits 777 Aitpoft Boulevard Effective November 28, 2022 Page 4 that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolrtion, 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; 25 that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a site work permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 26 that during construction, the applicant shall provide fencing (with a fabric screen or mesh) around the project site to ensure that all construction equipment, materials and debris is kept on site; 27 that storage of construction materials and equipment on the street or in the public righFof- way shall be prohibited; 28 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; 29 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 for vertical construction; the construction staging plan shall include construction equipment parking, construction employee parking, timing and duration of various phases of construction and construction operations hours; the staging plan shall address public safety and shall ensure that worker's vehicles and construction equipment shall not be parked in public parking areas with exceptions for construction parking along the street frontages of the project site; 30 that the project app cant 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 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; a 4 representatives of the City to gain access to the equipment location for purposes of installation, maintenance, adjustment, and repair upon reasonable notice to the property owner or owner's successor in interest. This access and location agreement shall be recorded in terms that convey the intent and meaning of this condition; 24. EXHIBIT "A" Conditions of Approval for Commercial Design Review and Special Permits 777 Airpo'1. Boulevard Effective November 28, 2022 Page 5 31 that if construction is done during the wet season (October 1 through April 30), that prior to construction during the wet season the developer shall implement a winterization program to minimize the potential for erosion and polluled runoff by inspecting, maintaining and cleaning all soil erosron 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: 32 that trash enclosures and dumpster areas shall be covered and protected from roof and surface drainage and that if water cannot be diverted from these areas, a self-contained drainage system shall be provided that discharges to an interceptor; JJ 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 for vertical construction: that all site catch basrns and drainage inlets flowing to the bay shall be stenciled. All catch basins shall be protected during construction to prevent debris from entering, JO 3t that the project shall meet all the requirements of the California Building and Uniform Fire Codes, as amended by the City of Burlingame; The following conditions shall be met during the Building lnspection process prior to the inspections noted in each condition: 38. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners, set the building envelope; b e 34 5 ldentification of haul routes for movemenl 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; Notification procedures for adjacent property owners and public safety personnel regarding when major deliveries, detours, and lane closures would occur; 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 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 the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; that this project shall comply with Ordinance No. 1477, Exterior lllumination Ordinance. d. 40 EXHIBIT "A" Conditions of Approval for Commercial Design Review and Special Permits 777 Aitpotl Boulevard Effective November 28. 2022 Page 6 39 that prior to the underfloor frame inspection the surveyor shall certify the first floor elevation of the new structure; 41. 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; 42. 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 mitigation measures from the General Plan EIR that the project will be required to comply with as identified in the 1 5183 checklist prepared for the project: 43. that the applicant shall require all construction contractors to implement the basic construction mitigation measures recommended by the Bay Area Air Quality Management District (BAAQMD) to reduce fugitive dust emissions. Additional measures may be identified by the BAAQMD or contractor as appropriate. Emission reduction measures will include, at a minimum, the following measures. 6 that prior to scheduling the framing inspection, the project architect, engineer or other licensed professional shall provide architectural certification that the architectural details such as window locatrons 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; All exposed surfaces (e.9., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 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 power sweeping is prohibited. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as 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 five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). 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. 44 EXHIBIT "A" Conditions of Approval for Commercial Design Review and Special Permits 777 Airport Boulevard Effective November 28. 2022 Page 7 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 BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. that all construction equipment larger than 25 horsepower used at the site for more than tvvo continuous days or 20 hours total shall meet U.S. EPA Tier 4 emission standards for particulate matter (PMro and PMr 5), if feasible. lf use of Tier 4 equipment is not available, alternatively use equipment that meets U.S. EPA emission standards for Tier 3 engines and include particulate matter emissions control equivalent to CARB Level 3 veriflable diesel emission control devices. Alternatively, the applicant can also use alternatively fueled or electric equipment; that Pre-construction nesting bird surveys shall be completed prior to tree removal if removal or construction is proposed to commence during the breeding season (February 'l to August 31) in order to avoid impacts to nesting birds. Surveys shall be completed by a qualified biologist no more than 14 days before construction begins. During this survey, the biologist or ornithologist shall inspect all trees and other possible nesting habitats in and within 250 feet of the project boundary. lf an active nest is found in an area that would be disturbed by construction, the ornithologist shall designate an adequate buffer zone (-250 feet) to be established around the nest. The buffer would ensure that nests shall not be disturbed until the young have fledged (left the nest), the nest is vacated, and there is no evidence of second nesting attempts. The applicant shall submit a report indicating the results of the survey and any designated buffer zones to the satisfaction of the Community Development Director, prior to the removal of trees and issuance of a grading permit or demolition permit; 40 Tree Protection Measures. Trees to be preserved are to be protected by a fence which is to be maintained at all times at a minimum distance of the canopy dripline. All fill soil shall be kept out of the tree protection zones (TPZ) both during and after construction.. Protected trees that have been damaged or destroyed by construction shall be replaced or the city shall be reimbursed, as provided in Section 11.06.090 of the City's Municipal Code.. Chemicals or other construction materials shall not be stored within the drip line of protected trees.. Drains shall be provided as required by the director whenever fill soil is placed around protected trees.. Signs, wires, or similar devise shall not be attached to protected trees.. Should any construction activity take place within lhe Critical Root Zone (CRZ) of any trees, stress reduction measures shall be implemented. These can include:- Air spading and root pruning, Fencing- Signage on the fencing- Biostimulant and growth regulator treatments in advance of disturbance 7 45. Anti-compaction measures shall be implemented inside the CRZ but outside the TPZ if they do not coincide. Follow ANSI A30O Pruning Standards when conducting any pruning on trees. Any pruning beyond 20 percent of the tree canopy should be approved by project arborist. Undiscovered Archaeological Resources. lf evidence of an archaeological site or other suspected cultural resource as defined by CEQA Guideline Section 15064.5, including darkened soil representing past human activity ("midden"), that could conceal material remains (e.9., worked stone, worked bone, flred 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's Community Development Director shall be notified. The project sponsor shall hire a qualified archaeologist to Gonduct a field investigation. The City's Community Development Director shall consult with the archaeologist to assess the significance of the find. lmpacts to any significant resources shall be mitigated to a less-than-significant level through data recovery or other methods determined adequate by a qualified archaeologist and that are consrstent with the Secretary of the lnterior's Standards for Archaeological documentation. Any identified cultural resources shall be recorded on the appropriate California Department of Parks and Recreation (DPR) 523 (A-J) form and filed with the Northwest lnformation Center (NWIC); 48 49 Human Remains. lf human remains are discovered at any project construction site during any phase of construction, all ground-disturbing activity within 100 feet of the resources shall be halted and the City's Community Development Director and the San Mateo County Coroner shall be notified immediately, according to Section 5097.98 of the State Public Resources Code and Section 7050.5 of California's Health and Safety Code. lf the remains are determined by the County coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The project sponsor shall also retain a professional archaeologist with Native American burial experience to conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide professional assistance to the Most Likely Descendant, including the excavation and removal of the human remains. The City of Burlingame shall be responsible for approval of recommended mitigation as it deems appropriate, taking I EXHIBIT "A" Conditions of Approval for Commercial Design Review and Special Permits 777 Airporl Boulevard Effective November 28, 2022 Page 8 47. Repoft of 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 rssuance 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 disposition/curation of the resources; account of the provisions of State law, as set forth in CEQA Guidelines section '1 5064.5(e) and Public Resources Code section 5097.98. The project sponsor shall implement approved mitigation, to be verified by the City of Burlingame, before the resumption of ground-disturbing activities within 100 feet of where the remains were discovered; Unique Paleontological and/or Geologic Features and Repofiing. Should a unique paleontological resource or site or unique geological feature be identified at the prolect site during any phase of construction, all ground disturbing activities within 50 feet shall cease and the City's Community Development Director notified immediately. A qualified paleontologist shall evaluate the find and prescribe mitigation measures to reduce impacts to a less than significant level. Work may proceed on other parts of the project site while mitigation for paleontological resources or geologic features is implemented. Upon completion of the paleontological assessment, a report shall be submitted to the City and, if paleontological materials are recovered, a paleontological repository, such as the University of California Museum of Paleontology; 51 ln accordance with FAR Part 77, an aeronautical study shall be completed by the FAA for the proposed project which analyzes the final maximum height of the proposed building. The project shall obtain clearance from the FAA in the form of an issuance of Determination of No Hazard prior to the commencement of construction. Any conditions set forth in the FAA Determination of No Hazard shall be incorporated into the project. The aeronautical study and Determination of No Hazard shall be submitted to the Community Development Director; and 52 that the project shall be subject to the applicable construction hour limitations established by the City's Municipal Code. Per Municipal Code 18.07.1 10,_noise-generating construction operations shall be limited to the hours between 8 a.m. and 7 p.m. Monday through Friday, and between 9 a.m. and 6 p.m. on Saturdays, with no construction on Sundays or holidays, per Municipal Code Section 13.04.100. ln the Bayfront Commercial (BFC) zone, construction work may begin at 7:00 a.m. instead of 8:00 a.m. on weekdays. However, the use of chainsaws, jackhammers, pile-drivers or pneumatic impact wrenches shall be prohibited from 7:00 a.m. to 8:00 a.m., unless written approval is granted by the building official. Development projects that are subject to discretionary review and that are located near noise-sensitive land uses shall assess potential construction noise levels and minimize substantial adverse impacts by implementing feasible construction noise control measures that reduce construction noise levels at sensitive receptor locations. Such measures may include, but are not limited to: 1) Construction management techniques (e.9., siting staging areas away from noise-sensitive land uses, phasing activities to take advantage of shielding/attenuation provided by topographic features or buildings, monitoring construction n); 2) Construction equipment controls (e.g., ensuring equipment has mufflers, use of electric hook-ups instead of generators); 3) Use of temporary sound barriers (equipment enclosures, berms, walls, blankets, or other devices) when necessary; and 4) Monitoring of actual construction noise levels to verify the need for noise controls. o EXHIBIT "A" Conditions of Approval for Commercial Design Review and Special Permits 777 Atpori Boulevard Effective November 28, 2022 Page 9 50.