HomeMy WebLinkAboutReso - PC - 2023.06.12 - 9DDocusign Envelope lD: IFCD9B4C-Al86-4198-A90E-BF82CC5B030A
RECORDING REOUESTED BY
Planning Department
City of Burlingame
WHEN RECORDED I\,1AIL TO
COMI/UNIW DEVELOPMENT DEPARTI\,4ENT
CITY OF BURLINGAfuIE
501 PRIMROSE ROAD
BURLINGAI\4E, CA 94010
2023-039123
2:42 pmOBl14l2023Rl Fee: NO FEE
Count of Paqes 12
Recorded in Off icial R€cords
County of San Mat6o
Mark Clrurch
Ass€ssor-Co unty Clerk-Recorder
rilll,.$
irlt llillll lIil ril I ilt tiil il ltR000333313$*
Resolution No 2023-06. 12-9D
.128 LORTON AVENUE
APN 029-231-210
TITLE OF DOCUMENT
I hereby certify this to be a full, true and conect mpy ofthe
document it purports to be, the original of which is on flle in my
June 23.2023
hrriw hyliw.y
ITY o
NffEMH
ED !'UNE b
Date:
Kevin Gardiner, AICP, Community Development
office.
RESOLUTION APPROVING CATEGORICAL EXEMPTION
AND AMENDMENT TO DESIGN REVIEW AND DENSITY BONUS WAIVERS/MODIFICATIONS
RESOLVED, by the Planning Commission of the City of Burlingame that
WHEREAS, a Categorical Exemption has been prepared and app lication has been made for Amendment
to Desion Review and Densitv Bonus Waivers/Mo diflcations fo rch an o estoa orev touslv aooroved 19-
unrt residen tial condominium at 128 Lorton Avenue zoned R-4 R-4 lncentive Overlav).Louisa Zee Kao
Mu h Wood lnc APN 31-210r
1
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on June'12.
2023, al 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
On the basis of the documents submitted and reviewed, and comments received and addressed
by this Commission, it is hereby found that there is no substantial evidence that the project set
forth above will have a significant effect on the environment, and the amendment to increase the
height of the building falls within the scope of the previously approved categorical exemption, per
CEQA Section 15332, ln-Fill Development Projects.
Said Amendment to Design Review and Density Bonus Waivers/Modifications are approved
subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Amendment to
Design Review and Density Bonus Waivers/Modifications are set forth in the staff report, minutes,
and recording of said meeting.
3. lt is further directed that a certifled copy of this resolution be recorded in th offlcial records of the
County of San Mateo
0 \ttl.,Ail), Secretary of the Planning Co sion of
hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the
Planning Commission held on the 12th dav of June, 2023 by the following vote.
'128 LORTON AVE. - RESO 2023{r6.12-9DAYES: COHAROTO
SCHUID, SHORES, TSENOES: HORAl,l, PFAFF
ABSENT LOWENTHAL
RECUSED: NONE E(.)
Secretary
0
t,the City of Burlingame, do
1
Conditions of Approval for Categorical Exemption, Design Review and Special Permit
128 Lorton Avenue
Effective June 22, 2023
Page 1
that the project shall be built as shown on the plans submitted to the Planning Division date
stamped May 23. 2023, sheets A0.0 through 45.1 and L0.08,
that prior to issuance of a building permit for construction ofthe project, the project construction
plans shall be modifled to include a cover sheet listing all conditions of approval adopted by
the Planning Commission, or City Council on appeali 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 appealt
that prior to issuance of a building permit, the applicant shall apply for a tentative and final
condominium map with the Public Works, Engineering Division for processing in conformance
with the Subdivision Map Act;
that prior to issuance of the final inspection of the project, the applicant shall pay the pubtic
facilities impact fee rn the amount of $83,055.00, made payable to the City of Burlingame and
submitted to the Planning Division:
that any changes to the size or envelope of the building, which would include expanding the
footprint or floor area of the structure, replacing or relocating windows or changing the roof
height or pitch, shall be subject to Planning Commission review (FYl or amendment to be
determined by Planning staff)l
that the project shall include two (2) affordable units for a 55-year term; the applicant shall enter
into an agreement for the administration of the sale, renting, or leasing of the affordable units
at least 120 days before the final inspection;
that the two (2) moderate income restricted affordable units shall remain restricted and
affordable to the designated income group for a minimum period of fifty-five (55) years (or a
longer period of time if required by the construction or mortgage financing assistance program.
mortgage insurance program, or rental subsidy program),
that the applicant shall enter into a regulatory agreement with the City; the terms of this
agreement shall be approved as to form by the City Attorney's Office, and reviewed and revised
as appropriate by the reviewing City official; this agreement will be a form provided by the City,
and will include the following terms:(a) The affordability moderate income housing shall be assured in a manner consistent with
Government Code Section 6591 5(c)(1 );(b) An equity sharing agreement pursuant to Government Code Section 65915(cX2);(c) The location, dwelling unit sizes, sale or rental cost, and number of bedrooms of the
affordable units;(d) A description of any bonuses and incentives, if any, provided by the City; and(e) Any other terms as required to ensure implementation and compliance with this section,
and the applicable sections of the density bonus law;
2
?
4
6
7
I
I
EXHIBIT "A"
that the required affordable dwelling units shall be built on-site and shall be constructed
concurrently with market-rate units;
10
EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review and Special Permit
128 Lorton Avenue
Effective June 22,2023
Page 2
11
that the above noted regulatory agreement regarding the two (2) restricted affordable units
shall be binding on all future owners and successors in interest; the agreement required by this
Zoning Code Section 25.63.080 is hereby a condition of all development approvals and shall
be fully executed and recorded prior to the issuance of any building or construction permit for
the proposed project;
that the final inspection shall be completed and a certiflcate of occupancy issued before the
close of escrow on the sale of each unit;
that the developer shall provide to the inrtial purchaser of each unit and to the board of directors
of the condominium association, an owner purchaser manual which shall contain the name
and address of all contractors who performed work on the pro1ect, copies of all warranties or
guarantees of appliances and fixtures and the estimated life expectancy of all depreciable
component parts of the property, including but not limited to the roof. painting, common area
carpets, drapes and furniture:
'13 that CityLift Model No. 2LP parking lift system, or an equivalent parking lift system, shall be
installed, with the following conditions.
the parking lifts shall be properly illuminated to provide safety for easy loading and
unloading. while not causing excessive glare.
signage shall be installed explaining the proper use of the lifts and emergency contact
information for lift maintenance or problems.
the final design of the parking lifts shall be subject to the review and approval of the
Community Development Director.
that the project shall be constructed in accordance with the June 4. 2020 "Request for Alternate
Materials or Methods of Construction" agreement between Chris Grant and Central County
Fire Department;
t3 that if the City determines that the structure interferes with City communications in the City, the
property owner shall permit public safety communications equipment and a wireless access
point for City communications to be located on the structure in a location to be agreed upon by
the City and the property owner. The applicant shall provide an electrical supply source for use
by the equipment. The applicant shall permit authorized representatives of the City to gain
access to the equipment location for purposes of installation, maintenance, adjustment, and
repair upon reasonable notice to the property owner or owner's successor in interest. This
access and location agreement shall be recorded in terms that convey the intent and meaning
of this condition;
'16. that all construction shall abide by the construction hours established in the Municipal Code;
14
12.
a.
b.
EXHIBIT "A"
that the project applicant and its construction contractor(s) shall develop a construclion
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 construction parking plan to provide worker parking off site and generally off
neighborhood streets, with shuttles or other transportation as needed to transport
workers to the site;
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;
ldentification of haul routes for movement of construclion vehicles that would minimize
impacts on motor vehicular, bicycle and pedestrian traffic, circulation and safety, and
specifically to minimize impacts to the greatest elitent 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;
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 submit an erosion and sedimentation control plan describing BMps
(Best Management Practices) to be used to prevent soil, dirt and debris from entering the storm
drain system; the plan shall include a site plan showing the property lines, existing and
proposed topography and slope; areas to be disturbed, locations of cuufill and soil
storage/disposal areas; areas with existing vegetation to be protected; existing and proposed
drainage patterns and structures; watercourse or sensitive areas on-site or immediately
downstream of a project; and designated construction access routes, staging areas and
washout areas;
b
d
t
Conditions of Approval for Categorical Exemption, Design Review and Special Permit
128 Lorton Avenue
Effective June 22, 2023
Page 3
17.
18.
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
19.
20
21
22
ZJ
EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review and Special Permit
128 Lorton Avenue
Effective June 22, 2023
Page 4
that the applicant shall submit a Construction Noise Control Plan. This plan would include
measures such as:
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;
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;
24
that storage of construction materials and equipment on the street or in the public right-of-way
shall be prohibited;
that if construction is done during the wet season (October 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 priorto, 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;
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;
. Using smaller equipment with lower horsepower or reducing the hourly utilization rate
of equipment used on the site to reduce noise levels at 50 feet to the allowable level.. Locating construction equipment as far as feasible from noise-sensitive uses.. Requiring that all construction equipment powered by gasoline or diesel engines have
sound control devices that are at least as effective as those originally provided by the
manufacturer and that all equipment be operated and maintained to minimize noise
generation.. Prohibiting gasoline or diesel engines from having unmuffled exhaust systems.. Not idling inactive construction equipment for prolonged periods (i_e., more than
5 minutes).. Constructing a solid plywood barrier around the construction site and adjacent to
operational businesses, residences, or other noise-sensitive land uses.. Using temporary noise control blanket barriers.. Monitoring the effectiveness of noise attenuation measures by taking noise
measurements.. Using "quiet" gasoline-powered compressors or electrically powered compressors and
electric rather than gasoline- or diesel-powered forklifts for small lifting.
that all off-road dresel-powered equipment used during construction is equipped with
U.S. Environmental Protection Agency (EPA) Tier 4 "final" engines;
25.
EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review and Special Permit
128 Lorton Avenue
Effective June 22, 2O23
Page 5
that this projecl shall comply with the state-mandated water conservation program, and a
complete lrrigation Water Management and Conservation Plan together with complete
landscape and inigation plans shall be provided at the time of building permit application;
that all site catch basins and drainage inlets flowing to the bay shall be stenciled. All catch
basins shall be protected during construction to prevent debris from entering;
that this proposal shall comply with all the requirements of the Tree Protection and
Reforestation Ordinance adopted by the City of Burlingame in 1993 and enforced by the Parks
Department, complete landscape and irrigation plans shall be submitted at the time of building
permit application and the street trees will be protected during construction as required by the
City Arborist;
)o that the applicant shall coordinate with the City of Burlingame Parks Division regarding the
planting of two (2) street trees along Lorton Avenue;
30 that the project shall comply with the Construction and Demolition Debris Recycling Ordinance
which requires affected demolition, new construction and alteration projects to submit a Waste
Reduction plan and meet recycling requirements; any partial or full demolition of a structure,
interior or exterior, shall require a demolition permit;
that demolition or removal of the exrsting structures and any grading or earth moving on the
site shall not occur until a building permit has been issued and such site work shall be required
to comply with all the regulations of the Bay Area Air Quality Management District;
that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water
Management and Discharge Control Ordinance;
that the project shall meet all the requirements of the California Building and Uniform Fire
Codes, as amended by the City of Burlingame;
that this poect shall comply with Ordinance No. 1477, Exterior lllumination Ordinance;
The following conditions shall be met during the Building lnspection process prior to the
inspections noted in each condition:
35. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property
corners, set the building envelope;
36 that prior to underfloor frame inspection the surveyor shall certify the first floor elevation of the
new structure(s) and the various surveys shall be accepted by the Building Division;
that prior to scheduling the framing inspection, the project architect, engineer or other licensed
professional shall provide archrtectural 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;
3'l
32
JJ
34
J/
26.
27.
28.
EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review and Special permit
'128 Lorton Avenue
Effective June 22, 2023
Page 6
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 bujlt
according to the approved Planning and Building plans;
that the maximum elevation to the top the stair and elevator enclosures shall not exceed
elevatron 106.74 and elevation 103.74 to the top of the building parapet, as measured from the
average elevation at the top of the curb along Lorton Avenue (37.06') for a maximum height
not to exceed 69'-8" to the top of the stair and elevator enclosures and 63 -2" to the top of the
parapet; the garage finished floor elevation shall be elevation 37.06'; the top of each floor and
final roof ridge shall be surveyed by a licensed surveyor who shall provide certification of that
height to the Building Division; Should any framing exceed the stated elevatton at any point it
shall be removed or adjusted so that the final height ofthe structure with roof shall not exceed
the maximum height shown on the approved plans;
39
The following conditions of approval arc from Downtown Specific Plan:
40. that if subgrade structures are proposed, 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 residential uses must be elevated to
above the seasonal high water table and 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;
41- the projecl sponsor shall implement all appropriate control measures from the most cunently
adopted air quality plan at the time of project construction;
42. the project sponsor shall 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, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day or as necessary.
All haul trucks transporting soil, sand, or other loose material offsite shall be covered or
othenryise loaded consistent with California Vehicle Code Section 23114.
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.
All vehicle speeds on unpaved roads shall be limited to 15 mph
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.
b
c
d
co
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.
All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specrfications. All equipment shall be checked by a certifled mechanic
and determined to be running in proper condition prior to operation.
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.
the project sponsor shall implement the following Greenhouse Gas reduction measures during
construction activities:
Alternative-Fueled (e.9., biodiesel, electric) construction vehicles/equipment shall make
up at least 15 percent of the fleet.
g
h
44
46
47
48
49
50
Recycle at least 50 percent of construction waste or demolition materials
the project sponsor shall provide adequate secure bicycle parking in the plan area at a
minimum ratio of 1 bicycle spot for every 20 vehicle spots;
the condominium management shall post and update information on alternate modes of
transportation for the area (i.e. bus/shuttle schedules and stop locations, maps);
the project sponsor shall incorporate recycling measures and incentives such that a solid waste
diversion .ale of 7 sYo is achieved upon occupation of each phase of plan development.
the project sponsor shall incorporate residential water efficiency measures such that water
consumption is decreased by a minimum of 10 percent over current standard water demand
factors;
that construction shall avoid the March 15 through August 31 avian nesting period to the extent
feasible, as determined by staff. 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 otheMtse determined by the biologist. ln
the event that an active nest is discovered, clearing/construction shall be postponed within 250
ft. of the nest, until the young have fledged (left the nest), the nest is vacated, and there is no
evidence of second nesting attempts;
45
EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review and Special Permit
128 Lorton Avenue
Effective June 22,2023
Page 7
f.
Use at least 10 percent local building materials.
the project sponsor shall incorporate commercial energy efficiency measures such that energy
efficiency is increased to 15% beyond 2008 title 24 standards for electricity and natural gas,
a.
b.
c.
EXHIBIT "A"
that for proJecls within the Plan Area that require excavation, a Phase I Environmental Site
Assessment (and Phase ll sampling, where appropriate) would be required. lf the Phase I
Environmental Site Assessment determines that remediation is required, the 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;
52 the following practices shall be incorporated into the construction documents to be
implemented by the project contractor.
Maximize the physical separation between noise generators and noise receptors. Such
separation includes, but is not limited to, the following measures:
5'l
E2
a
Use heavy-duty mufflers for stationary equipment and barriers around particularly
noisy areas of the site or around the entire site; - Use shields, impervious 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.
c. lmpact equipment (e.9., jack hammers 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.
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.
Conditions of Approval for Categorical Exemption, Design Review and Special Permit
128 Lorton Avenue
Effective June 22,2023
Page 8
54.
55
5b
EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Design Review and Special Permit
't28 Lorton Avenue
Effective June 22, 2023
Page 9
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 prolect. and the size of the existing water main(s). lf the Fire lvlarshal determines
improvements are needed for fire protection services, then the following shall applyl
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, 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 qualifled
archaeologist to conduct a fleld investigation. The City of Burlingame shall consult with the
archeologist to assess the significance of the flnd. lmpacts to any significant resources shall
be mitigated to a less{han signiflcant 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 NWICI
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 qualifled paleontologist to provide an evaluation
of the find and to prescribe mitigation measures to reduce impacts to a less{han-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
s8 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 lmmediately, 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 fleld investigation of the speciflc 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
57.
Conditions of Approval for Categorical Exemption, Design Review and Special Permit
128 Lorton Avenue
Effective June 22,2023
Page '1 0
of the human remains. The City of Burlingame shall be responsible for approval of
recommended mitigation as it deems appropriate, taking account of the provisions of State law,
as set forth in CEQA Guidelines section 15064.5(e) and Public Resources Code Section
5097.98. The project sponsor shall implement approved mitigation, to be verified by the City of
Burlingame, before the resumption of ground-disturbing activities within 100 feet of where the
remains were discovered.
EXHIBIT "A''