HomeMy WebLinkAboutReso - PC - 2023.06.12 - 9E-EntitlementsRECORDING REQUESTED BY
WHEN RECORDED MAIL TO
2023-039124
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Count of Pages 15
Recorded in Otf icial RecorEs
County of San Mateo
Mark C h urch
Assessor-County c16rk-Rocorder
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Resolution No. 2023-06.12-9E-ENTITLEMENTS
620 AIRPORT BOULEVARD
APN 026-342-330
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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
offce.
June 23 2023
buiw Edrlraty
CITY o
Eyftr,rHq$,f48
ATEO JUN€/i
Date
Kevin Gardiner, AICP, Community Development
Docusign Envelope lD:'lFCD9B4C-A186-4198-A90E-BF82CC5B030A
Planning Department
City of Budingame
COI\,4MUNITY DEVELOPI/ENT DEPARTMENT
CITY OF BURLINGAI\,IE
501 PRII\,4ROSE ROAD
BURLINGAME, CA 94010
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BURLINGAME
APPROVING AN APPLICATION FOR COMMERCIAL DESIGN AND SPECIAL PERIUIITS
FOR HEIGHT AND DEVELOPMENT UNDER TIER 3/COMMUNITY BENEFITS FOR TWO
NEW g-STORY OFFICE/RESEARCH AND DEVELOPMENT BUILDINGS AT
620 AIRPORT BOULEVARD
(ASSESSOR PARCEL NO: 026-342-330)
WHEREAS, on November 22, 2021, Boca Lake Office lnc. ("applicant") filed an application with
the City of Burlingame Community Development Department ("City") - Planning Division requesting
approval of the following requests:
Commercial Design Review (Code Sections 25 12 060 and 25.68.020(C)(3)(a)),
Special Permit for building height greater than 65 feet (163.2 feet proposed)
Sections 25.12 030, T able 25 12-2 and 25 78 060(AX2)), anO
(Code
. Special Permit for Community Benefits for increased FloorArea Ratio for a Tier 3 project
(3.0 FAR proposed) (Code Sections 25 12 030, rade 25 12-2, 25 12.040. and
25.78 070(A))
WHEREAS. on September 26, 2022, the Planning Commission conducted duly noticed public
hearings (environmental scoping and design review study) to review two new, 9-story offlce/research and
development buildings. At that time the Planning Commission requested additional information and
direction was provided to the applicant regarding design modifications, and
WHEREAS, David J. Powers & Associates, lnc. was the consultant selected to prepare the
environmental review of the application, and they 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
WHEREAS, Following consideration of all information contained in the June 12,2023 staff report
to the Planning Commrssion regarding the project, all written correspondence, and all public comments
received at the public hearing, the Planning Commission grants approval for two, new g-story
office/research and development buildings based on the following flndings regarding the project
entitlements:
That the proposed Office/R&D project is consistent with the General Plan designation of Bayfront
Commercial and is in compliance with all applicable provisions of Title 25, with the exception of
the Special Permit for Building Height and for Community Benefits for lncreased Floor Area Ratio
for a Tier 3 Project; that the project will be replacing a long{erm airport parking lot and will provide
a modern architectural style on a bay/lagoon fronting property; the new buildings will feature a
variety of materials including high performance glass, clear glass, aluminum metal cladding,
shadow boxes, mullion extension fins, louvers and mechanical roof screens, split face CMU,
concrete/stone ledger veneer, stabilized crushed stone, cast in place concrete with integral color
and exposed aggregate finish. The fins provide visual interest and will add detail to the structure;
Environmental Review pursuant to CEQA Guidelines Section 1 5183,
Desiqn Review Findinqs:
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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.
That as shown on the development table and on the proposed plans, the project will be
constructed on a parcel that is adequate in shape, size, and topography to accommodate the
proposed development.
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 project is designed and arranged to provide adequate consideration to ensure the public
health, safety, and general welfare, and to prevent adverse effects on neighboring property in that
the proposed project will encourage pedestnan activity through improvements to the sidewalk and
streetscape on Airport Boulevard, including a new 26,000 SF public plaza with inviting night
lighting and landscaptng, and improvements to the Bay Trail. A continuous pedestrian path
through the center of the site connects Airport Boulevard to the center plaza and then to the
shoreline improvements.
That the site is located on the southern portion of the Bayfront adjacent to a mix of hotels and
offlce buildings. The building heights in this area include several hotels ranging from six to nine
stories, a recently approved eight story office building that is currently under construction, a 13-
story building that was approved at the end ot 2022, and five to eight-story existing buildings
located to the south of the project site. While the proposed project would consist of two g-story
buildings, it is adJacent to an existing 1S-story hotel and will fit in to the mix fabric along Airport
Boulevard. Therefore, it will be compatible with the mass and bulk of buildings in the area and will
be consistent with the overall heights established in the General Plan and the Zoning Code.
That while the proposed two, g-story buildings are a modiflcation to the 65-foot height limit, the
proposed project has been designed to respect and preserve the character of the Bayfront
neighborhood in that the project site rs located immediately adjacent to an existing '1s-story hotel,
while the new buildings at g-stories will be a change to existing surface parking use on this site,
the project has been designed to maintain view corridors with a large plaza between the two
buildings. Given that below grade parking is not generally designed into Bayfront projects given
geologic conditions, 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 15 stories.
That the proposed project will not be detrimental or in.jurious 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 and includes high quality materials and will be compatible with buildings
in the area that range in from 5 to 15 stories in height; the proposed modification will allow
additional height and result in a higher intensity office/research and development use that will
allow the development to occur on a smaller footprint, which opens space for the development of
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. That the proposed on-site landscaping and off-site improvements, including the planting of 191
new trees on-site and off-site, will enhance this site that fronts on the Anza Lagoon and is
prominently viewed from Highway 101 and Airport Boulevard. That the proposed project would
significantly 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 would be accessible to the public, promote accessibility to the Bay Trail, and enhance
shoreline resilience to and protection from sea-level rise.
Special Permit Findinos - Buildinq Heioht.
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 grealer 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 site width and
depth, the community beneflts 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 ofthe neighborhood in which the project is located.
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
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 discharge,
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 that 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
June 12, 2023, 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 COIVMISSION 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 recordlng of said meeting.
Section 2. lt is further dire
records of the County of San Mateo.
cted that a certified copy of rs reso be recorded in the offlcial
0 \tCY^,til
C r
, Secret of the Planning Commission of the City of
by the following vote
Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular
thmeeting of the Planning Commission held on the 2023
620 ATRPORT BLVD. - RESO 2023{16-12-9E_
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PFAFF, SCHTIO, SHORES, TSENOES: NOiIE
ABSiErr: LOWENTHAL
RECUSED: NOl,aE
of J une
Secretary
larger public amenities around the site with the public plaza and publicly accessible spaces that
will be created with the redeveloped Bay Trail. The additional height will be consistent with existing
character of the Bayfront district, that the proposed height of the building is consistent with the
goals and policies of the Burlingame General Plan.
Special Permit Findinos - Increased Floor Area Ratio with Approval of Communitv Benefits:
EXHIBIT "A"
Conditions of Approval for Commercial Design Review and Special Permits
620 Airport Boulevard
Effective June 22, 2023
Page I
that the project shall be built as shown on the plans submitted to the Planning Division
date stamped May 18, 2023, sheets A-1 - A-21 , sheets EXH-01 - EXH-03, sheet C100-
C302, sheets 10 00 - 12.02, sheet LPL 01 - LPL.02;
that prior to issuance of a building permit for construction of the project, the project
construclion 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 with all conditions of
approval is required; the conditions of approval shall not be modified or changed without
the approval of the Planning Commission, or City Council on appeal;
that construction of the foundation systems for the building and parking garage shall not
include pile driving;
that the conditions of the Building Division's March 14, 2023 memo, the Fire Divisron's
March 27, 2023 memo, the Engineering Division's June 2, 2023 memo, the Parks
Division's May 31,2023 memo, and the Stormwater Division's May 31, 2023 memo shall
be met;
that prior to issuance of a building permit for the projecl, the applicant shall pay in full the
commercial linkage fee (flnal fee amount to be calculated based on the fee schedule ln
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,
that the project design measures outlined in the Water Supply Assessment, dated
November 2022, prepaed by EKI Environment & Water lnc., shall be included on the
plans submitted to the Building Division, including installing purple piping in the frontage
of the project site for future recycled water usage, implementing the Prescriptive
Compliance Option of the Model Water Efficient Landscaping Ordinance (MWELO - 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) certification, incorporate a minimum of four points under
the Water Efficiency credit category;
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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 matenals, exterior finishes,
windows, 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 staffl,
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,
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5.
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6.
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that the project shall include the Transportation Demand Management Measures as
proposed in the Transportation Demand Management Plan, prepared by Fehr & Peers,
dated July 2022:
that a TDM annual report shall be prepared by a qualifled professional and submitted to
the City of Burlingame annually; with the initial, or basefine, 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;
11 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
(101h 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 TD[il 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 owner a six-month 'grace period" to implement
additional TDM measures to achieve the 20 percent vehicle trip reduction,
13 that prior to the issuance of a certificate of occupancy, a covenant agreement shall be
recorded office with the San lvlateo 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 TDIV1,
14 that if the project will utilize shuttles under the jurisdrction of the Peninsula Traffic
Congestion Relief Alliance (Commute.org), the employer/tenant shall coordinate with
Alliance staff;
15 that prior to issuance of a building permit for vertical construction, the pro.lect sponsor shall
verify that the July 18,2022, FAA Determination of No Hazard to Air Navigation for the
project is still current and has not expired (January 18, 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,
16 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;
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
a
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EXHIBIT "A"
Conditions of Approval for Commercial Design Review and Special Permits
620 Airport Boulevard
Effective June 22, 2023
Page 2
EXHIBIT "A"
Conditions of Approval for Commercial Design Review and Special Permits
620 Airport Boulevard
Effective June 22, 2023
Page 3
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;
that the approximately 1.63 acres of off-site streetscape improvements (Community
Beneflt #2, #12, #13), abutting Anza Lagoon, shall be approved by the State Lands
Commission (State of California - property owner) and the Bay Conservation and
Development Commission (BCDC) prior to issuance of a building permit, this area shall
be improved as shown on the plans date stamped May 18,2023 and shall be maintained
by the applicant,
that an Amendment to the entitlements approved herein shall be required if the
approximately 1 .63 acres of off-site streetscape improvements (Community Benefit #2,
#12, #13), abutting Anza Lagoon, rs not approved by the State Lands Commission (State
of Caljfornia - property owner) for lease by the applicant for the improvements per the
plans dated May 18, 2023, since this area contains three of the Community Benefits
allowing development of this under Tier 3;
that the applicant shall 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 full elevation specified in the City of Burlingame Map of Future
Conditions, the applicant 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 (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 Publac Use Easement. Any Public Use Easement
must be reviewed and approved by the City and the Drstrict prior to recordation,
which approval shall not be unreasonably withheld.
that prior to issuance of a building permit for the superslructure, the applicant shall execute
an agreement with the City identifying the landowner's ongoing maintenance obligations
for the shoreline infrastructure approved as part of the development;
that if the City determines that the structure interferes with City communicattons 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
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EXHIBIT'A"
Conditions of Approval for Commercial Design Review and Special Permits
620 Airport Boulevard
Effective June 22, 2023
Page 4
owner or owner's successor in interest. This access and location agreement shail be
recorded in terms that convey the intent and meaning of this condition;
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, rnterior or exterior, shall require a demolition permit;
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;
that during construction, the applicant shall provide fencing (with a fabric screen or mesh)
around the projed site to ensure that all construction equipment, materials and debris is
kept on site;
that storage of construction materials and equipment on the street or in the public right-of-
way shall be prohibited;
27 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,
28 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;
29.that the project applicant and its construction contractor(s) shall develop a construction
management plan for review and approval by the City of Burlingame. The plan must
include at least the following items and requirements to reduce, to the maximum extent
feasible, trafflc and parking congestion during construclion:
A set of comprehensive traffic control measures, including scheduling of major
truck trips and deliveries to avoid peak trafiic hours, detour signs if required, lane
closure procedures, signs, cones for drivers, and designated construction access
routes;
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,
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EXHIBIT'A''
Conditions of Approval for Commercial Design Review and Special Permits
620 Airport Boulevard
Effective June 22, 2023
Page 5
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 identifled 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 trafflc or
parking. This coordinator would determine the cause of the complaint and, where
necessary, would implement reasonable measures to correct the problem.
5U 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 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 chemicalsi
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;
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 irngation plans shall be provided at the time of building permit application
for vertical construction,
that all site catch basins and drainage inlets flowing to the bay shall be stencrled. All catch
basins shall be protected during construction to prevenl debris from entering;
that the applicant shall comply with Ordinance 1503. the City of Burlingame Storm Water
Management and Discharge Control Ordinance:
35. that this project shall comply with Ordrnance No. 1477, Exterior lllumination Ordinance;
36. 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:
37. that prior to scheduling the foundation inspection a licensed surveyor shall locate the
property corners, set the building envelope;
that prior to the underfloor frame inspection the surveyor shall certify the first floor elevation
of the new structure;
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EXHIBIT "A"
Conditions of Approval for Commercial Design Review and Special Permits
620 Airport Boulevard
Effective June 22, 2023
Page 6
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;
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40 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 priorto 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 15183 checklist prepared
for the project:
42. 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.
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 i'ive 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.
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.
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EXHIBIT "A"
Conditions of Approval for Commercial Design Review and Special Permits
620 Airport Boulevard
Effective June 22, 2023
Page 7
that all construction equipment larger than 25 horsepower used at the site for more than
two continuous days or 20 hours total shall meet U.S. EPA Tier 4 emission standards for
particulate matter (PMro and PMz s), 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 emisstons control equivalent to CARB Level 3 verifiable
diesel emission control devices. Alternatively, the applicant can also use alternatively
fueled or electric equipment;
44 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
1 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,
Bird Protection Measures
o That bird-safe glazing treatment shall be applied such that the north, east, and west
facades of the proposed buildings consist of no more than 10 percent untreated
glazing.
o Bird-safe glazing treatment may include fritting, netting, permanent stencils,
frosted glass, exterior screens, physical grids placed on the exterior of glazing, or
ultraviolet patterns visible to birds. To qualify as Bird-safe glazing treatment,
vertical elements of the window patterns should be at least 1/4 inch wrde at a
maximum spacing of four inches, or have horizontal elements at least 1/8 inch
wide at a maximum spacing of two inches.
. Trees and tall shrubs shall be located directly adjacent to glazing (within three feet)
to slow birds down on approach or placed far enough away to avoid reflecting
canopies in the glazing.
. Provide minimal nighttime lighting, both indoor and outdoor, as an additional way to
make building more bird-friendly,. Provide shielded lighting fixtures,
. Provide flxtures with seal of approval of Dark-Sky association or equally performing
luminaires,
. No upward lighting shall be provided,
o Provide astronomical controls with manual override for night time dimming,. Provide interior shading at perimeter, ando Provide astronomical controls with manual ovenide for operation of interior shading
devices.
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EXHIBIT "A"
Conditions of Approval for Commercial Design Review and Special Permits
620 Airport Boulevard
Effective June 22. 2023
Page 8
Additionally, as a condition of approval, the project is required to submat a lighting
plan to the Community Development Director prior to issuance of a building permit.
The following measures shall be reflected in the lighting plan as a condition of
approval:
All exterior lighting shall be fully shielded to block illumination from shining outward
towards the Anza Lagoon to the north. All fixtures on the site shall have a BUG rating
of U0, and any finures located along the site's southern property line shall have a
BUG rating of 80, as follows:o U0: 0 lumens (90-180 degrees).o B0: 110 lumens high (60-80 degrees), 220 lumens mid (3G€0 degrees), and
1 'l 0 lumens low (0-30 degrees)
Except as indicated in the measure above, fixtures shall comply with lighting zone
LZ-2, Moderate Ambient, as recommended by the lnternational Dark-Sky Association
(20'l 1) for light commercial business districts and high-density or mrxed-use
residential districts. The allowed total initial luminaire lumens for the project site is 2.5
lumens per square foot of hardscape, and the BUG rating for individual fixtures shall
not exceed 83 or G2, as followsio 83. 2,500 lumens high (6G-80 degrees), 5,000 lumens mid (3GS0 degrees),
2,500 lumens low (0- 30 degrees)o G2:225lumens (forward/back light 80-90 degrees), 5,000 lumens (forward 60-
80 degrees), 1,000 lumens (back light 6G-80 degrees asymmetrical fixtures),
5,000 lumens (back light 6G-80 degrees quadrilateral symmetrical fixtures)
Exterior lighting shall be minimized (i.e., total outdoor lighting lumens shall be
reduced by at least 30 percent or extinguished, consistent with recommendations
from the International Dark-Sky Association [201 1]) from 10:00 p.m. until sunrise,
except as needed for safety and City code compliance.
lnterior or exterior blinds shall be programmed to close on all windows from 10:00
p.m. to sunrise in order to block lighting from spilling outward from these windows.
46 Tree Protection Measure s. 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 proteclion zones (TPZ) both during and after construction.o Protected trees that have been damaged or destroyed by construction shall be
replaced or the city shall be reimbursed, as provided in Section 1 1.06.090 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 lrees.. Signs, wires, or similar devise shall not be aflached to protected trees.. Should any construction activity take place within the 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
8
EXHIBIT "A''
Conditions of Approval for Commercial Design Review and Special Permits
620 Airport Boulevard
Effective June 22, 2023
Page 9
a
- Biostimulant and groMh regulator treatments in advance of disturbance
AntFcompaction measures shall be implemented inside the CRZ but outside the TpZ
if they do not coincide.
Follow ANSI 4300 Pruning Standards when conducting any pruning on trees. Any
pruning beyond 20 percent ofthe tree canopy should be approved by project arborist.
a
47
48
49
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, 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's
Community Development Director shall be notified. The project sponsor shall hire a
qualified archaeologist to conduct 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 consistent 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 (NWC);
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 Descendanl, if any, identified by the NAHC. As necessary, the archaeologist
may provide professional assistance to the Most Likely Descendant, including the
excavation and removal of the human remains. The City of Burlingame shall be
responsible for approval of recommended mitigation as it deems appropriate, taking
account of the provisions of State law, as set forth in CEQA Guidelines section 15064.5(e)
and Public Resources Code section 5097.98. The project sponsor shall implement
approved mitigation, to be verified by the City of Burlingame, before the resumption of
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 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 disposition/curation of the resources;
o
EXHIBIT "A"
Conditions of Approval for Commercial Design Review and Special permits
520 Airport Boulevard
Effective June 22, 2023
Page 1 0
50
51
q)
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ground-disturbing activities within 100 feet of where the remains were discovered;
Unique Paleontological and/or Geologic Features and Reporling. 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 Dtrector notifled 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;
that all earth-disturbing construction activities on-site shall be performed in accordance
with the Occupational Safety and Heatth Administration (OSHA) Standard Number
1926.62. Prior to issuance of a demolition or grading permit, whichever occurs flrst, the
project contractor shall submit a written compliance program to the satisfaction of the
community Development Director including a description of the specific means that will
be employed to ensure that workers are not exposed to concentrations of lead exceeding
the acceptable exposure limit of fifty micrograms per cubic meter of air (50 pg/m3)
averaged over an eight-hour period. Measures to be implemented shall include but not be
limited to, additional lead testing on-site, assessing worker exposure, and requiring
workers to use personal protective equipment during earth-disturbing activities;
ln accordance with FAR Par177. an aeronautjcal 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
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 g 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 SiOO 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 constructaon 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, phastng activities to take
advantage of shielding/attenuation provided by topographic features or buildings,
10
EXHIBIT "A"
Conditions of Approval for Commercial Design Revrew and Special permits
620 Airport Boulevard
Effective June 22, 2023
Page 1 1
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 controli.
11