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HomeMy WebLinkAboutReso - PC - 2023.06.12 - 9E-EntitlementsRECORDING REQUESTED BY WHEN RECORDED MAIL TO 2023-039124 2:42 pn 08t1A2023 R't Fee: NO r'-EE Count of Pages 15 Recorded in Otf icial RecorEs County of San Mateo Mark C h urch Assessor-County c16rk-Rocorder rtil r][iitltiltilltiliiilltilfl ]lrillt tiltilliiililII rtllllll*$R0003383114$r Resolution No. 2023-06.12-9E-ENTITLEMENTS 620 AIRPORT BOULEVARD APN 026-342-330 l(" ,) ( 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: 1 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 2 . 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_ AYES: COf,AROTO, ttORA", ffi 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; 7 8 1 1 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, 4. 5. 3 6. I 12 10 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 tt 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 18 to 20 22 3 21. 23 24 aR 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, zo a b 4 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; d 34 5 38 3'r. 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; 41 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. 6 20 43 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. 7 AE 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) 53 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