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HomeMy WebLinkAboutReso - PC - 2022.09.26 - 8BDoc.!Sign Envelope lD: C02 EgF4g-F589-41 E0-8FE8-E81 B5EA8C D89 PJanning Depaftment City of Burlingame COMI\,IUNITY DEVELOPMENT DEPARTMENT CIry OF BURLINGAME 501 PRIMROSE ROAD BURTINGAME CA 94010 2023-004599 1nil;illil11fllfl1[lIi11lll]1i[i1illlllfll[l[l];11 rli vf Resolution No. 2022-09.26-8B 1855-1881 ROLLINS ROAD APNs 025-1 66-230, 025-i 66-240, and UNION PACIFIC RAILROAD PARCEL TITLE OF DOCUMENT I hereby certify this to be a full, true and mnect mpy of the document it purports to be, the original of which is on file in my office. october 6. 2022 bu;w Arkwt b ATED TJUNE Date Kevin Gardiner, AICP, Community Development Director RECORDING REQUESTED BYI WHEN RECORDED I'i AIL TO 3:O'l pm 01/31/2023 R'l Fee: NO FEE Count of Pages 13 Recorded in off icial Records Cou nty of San Mateo Mark C h Llrch Assessor-County Clerk-Recorder RESOLUTION APPROVING CATEGORICAL EXEMPTION, DESIGN REVIEW, DENSITY BONUS, AND APPROVAL OF COMfI'UNITY BENEFITS RESOLVED, by the Planning Commission of the City of Burlingame that WHEREAS, a Categorical Exemption has been prepared and application has been made for a Desiqn Review. Densit V Bonus, and Aporoval of C ommunitv Benefits fo r construct ion of a new. 420-unit multi- unit residential development at 'l 855-1881 Rollins R oad, Zoned RRMU.The Hanover Companv, E & S Prooertv LLC. ANRM H oldinos LLC. SJ Amaroso Properties, and Union Pacific Railroad Comoanv. orooertv o wners, APNs: 025-166-230. 025-166-240. and Union Pacific Railroad oarcel WHEREAS, said matters were heard by the Planning Commission of the City of Burli ngame on September 26, 2022 at which time it reviewed and considered the staff report and all other written materials and testimony presented at satd hearing; NOW, THEREFORE, it js RESOLVED and DETERMINED by this Planning Commission that on the basis of the lnitial study and 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 categorical exemption, per CEQA Section 15332, ln-Fill Development Projects, is hereby approved. 2. Said Design Review, Density Bonus, and Approval of Community Benefits are approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Design Review, Density Bonus, and Approval of Community Benefits are set forth in the staff report, minutes, and recording of said meeting. 3. lt is further directed that a certified copy of this resolution be recorded in the official records of h arr ons Iocur [)'B]'4-c-, Secretary the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 26th da of Seotember. 202 2 by the following vote 185S188' ROLLtl{Si RO. - RESO 2022{Xr26{BAYES: COIIAROTO, IK)RA , LOWET{THAL, PFAFF, SCHiIID, TSENOES: I{ONE ABSE T: GAUL RECUSED: l{ONE Secretary the County of San Mateo. 2 3 EXHIBIT "A" Conditions of Approval for Categorical Exemption, Design Review, Density Bonus, and Approval of Community Benefits 1855-1881 Rollins Road Effective October 6, 2022 Page 1 that the project shall be built as shown on the plans submitted to the Planning Division date stamped September 12, 2022, sheets AP0.0 through AP4.01 , L1 .'l .0 through L6.1.0, C1.0 through C8.1, and Draft WM1.0 through VTM 3.0; including a totat of 11 exterior bicycle racks (parking for 22 bicycles); that the applicant shall apply for a Vesting Tentative Parcel lvlap with for processing as required by the Public Works Department, Engineering Division, that the project shall include thirtyjive (35) affordable units to households of "Low lncome" category, as defined as earning a maximum of 80% of the San Mateo County Area lvledian lncome. the City Manager shall be authorized to execute an agreement with the applicant and the applicant shall enter into an agreement for the administration of the renting or leasing of the affordable units at least '120 days before the final inspection. that the required affordable dwelling units shall be constructed concurrently with market- rate units; that the thirty{ive (35) low 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 thirty-five (35) restricted affordable units shall be built on-site and be dispersed within the development. The number of bedrooms of the restricted affordable units shall be equivalent to the bedroom mix and average sizes of the non-restricted units in the development: except that the applicant may include a higher proportion of restricted affordable units with more bedrooms. The design and construction of the affordable dwelling units shall be consistent with the design, unit layout, and construction of the total project development in terms of appearance. exterior construction materials, and un it layout: 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 of very low, lower, and moderate income housing shall be assured in a manner consistent with Government Code Section 65915(c)(1);(b) An equity sharing agreement pursuant to Government Code Section 65915(c)(2);(c) The location, dwelling unit sizes, 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; 4 5 6 7 1 EXHIBIT "A" Conditions of Approval for Categorical Exemption, Design Review, Density Bonus, and Approval of Community Benefits 1855-1881 Rollins Road Effective October 6, 2022 Page 2 that the above noted regulatory agreement regarding the thirty-five (35) 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; the project shall include the Transportation Demand Management Measures as proposed in the Transportation lmpact Analysis, prepared by Hexagon Transportation Consultants, lnc., dated July 22,2022; that a TDM annual report shall be prepared by a qualified, independent consultant and paid for by the owner and submitted to the city of Burlingame annually; with the initial, or baseline, commute survey report to be conducted and submitted one (1) year after the granting of a certificate of occupancy for 75 percent or more of the project and annually after that; that the TDM annual report shall provide information about the level of alternative mode- uses and in the event a 25 percent reduction in peak-hour vehicle trips and reduction in overall parking demand rs not met, the report shall explain how and why the goal has not been reached; in such a circumstance the annual report shall identify a worli plan, to be approved by the city of Burlingame, which describes additional or alternative measures for implementation that would be necessary to enhance the TDM program to attain the TDM goal of 25 percent mode split; that the city may consider whether the owner has made a good faith effort to meet the TDM goals and may allow the owner a six-month "grace period" to lmplement additional TDM measures to achieve the 25 percent vehicle trip reduction; that prior to the issuance of building permits, a covenant agreement shall be recorded office with the San Mateo County Assessor and Recorder's Office to provide constructive notice to all future owners of the property of any ongoing programmatic requirements that discloses the required Transportation Demand Management (TDM) provisions and any conditions of approval related herein to compliance and reporting for the TDM; that the residents of new live/work, mixed-use, and stand-alone residential development projects, whether owners or tenants, shall be notified in writing before taking up residence that they will be living in an urban{ype environment, that the norse levels may be higher than in a stnctly residential area, and that there may be odors assocjated with commercial and industrial uses. The covenants, conditions, and restrictions of any development with a residential use shall require that prospective residents acknowledge the receipt of the written noise notification. such written noise notrfication shall be provided in residential leases. signatures shall confirm receipt and understanding of this information, 9 10 11 14 8. 12. 13. tb EXHIBIT "A" Conditions of Approval for Categorical Exemption, Design Review, Density Bonus, and Approval of Community Benefits 1855-188{ Rollins Road Effective October 6, 2022 Page 3 15 that the public plazas shall be owned, operated, and maintained by the developer or property manager in accordance with an approved maintenance plan to be reviewed and approved by the Community Development Director; that the public plaza shall be open to the public, without charge, each day of the year, except for temporary closures for necessary maintenance or public safety; 17 that prior to issuance of a building permit for construction of the project, the project construction plans shall be modified to include a cover sheet listing all conditions of approval adopted by the Planning Commission, or City Council on appeal; 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; 18 that any changes to the size or envelope of the building, building materials, exterior finishes, windows, architectural features, roof height or pitch, and amount or type of hardscape materrals shall be subject to Planning Divrsion or Planning Commission review (FYl or amendment to be determined by Planning staffl; 19 that the maximum elevatron at the top of the roof ridge shall not exceed 64 feet from the average elevation at reference top of the curb (9.32') or as alternately shown on the plan building elevations shall not exceed an elevation 62'-2" as measured from the average elevation at the top of the curb (-1'-9 %"), and that the top of each floor and final roof ridge shall be surveyed by a licensed surveyor and approved by the City Engineer as the framing proceeds and prior to final framing and roofing inspections. Should any framing exceed the stated elevation it shall be removed or adjusted so that the final height of the structure with roof shall not exceed the maximum height shown on the approved plans; that the conditions of the, the Fire Division's August 3,2022 memo, the Parks Division's November 23, 2022 memo, and the Stormwater Division's August '1, 2022 memo the Public Works-Engineering Division's August 29, 2022 memo, including provisions on the plans to address comment #13 for a sea wall at the north end of the stte and to address comment #14 lor a gate and maintenance easement for the drainage canal, and shall be met; 21 that prior to issuance of a building permit, the applicant shall prepare and submit to the Department of Public Works - Engineering Division a sanitary sewer analysis that assesses the impact of this pro1ect to determine if the additional sewage flows can be accommodated by the existing sewer line. lf the analysis results in a determination that the existing sewer line requires upgrading, the applicant shall perform the necessary upgrades as determined by the Engineering Division, 20. Conditions of Approval for Categorical Exemption, Design Review, Density Bonus, and Approval of Community Benefits 1855-1881 Rollins Road Effective Oclober 6, 2022 Page 4 22 that prior to issuance of a building permit for the project, the project applicant shall pay the first half of the North Burlingame/Rollins Road Development 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; that prior to scheduling the final framing inspection, the project applicant shall pay the second half of the North Burlingame/Rollins Road Development 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; that prior to issuance of the final inspection of the project, the applicant shall pay 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; that the project shall comply with the SFO Comprehensive Airport Land Use Compatibility Plan (ALUCP), specifically in accordance with Safety Compatibility Policy SP-2 pertaining to land uses; and that any future tenants of the commercial and office space comply with the Safety Compatibility Criteria for Safety Zone 3 as contained in Table lV-2 of the SFO ALUCP; this table defines uses to avoid and uses that are incompatible, summarized as follows: lncompatible Uses - Use is not com patible in the indicated zones and cannot be permitted Biosafety Level 3 and 4 facilities - which include medical and biological research facilities involving the storage and processing of extremely toxic or infectious agents. See Policy SP-3 of the SFO ALUCP for additional detail Children's schools - Public and private schools serving preschool through grade 'l 2, excluding commercral services Large child day care centers - Commercial facilities defined in accordance with Health and Safety Code, Section 1596.70, et seq., and licensed to serve 15 or more children. Family day care homes and noncommercial employer-sponsored facilities ancillary to place of business are allowed. Hospitals, nursing homes Stadiums, arenas Avoidable Uses - Uses that are not fully compatible and should not be permitted unless no feasible alternative is available as follows: Biosafety Level 3 and 4 facilities - Hazardous use other than Biosafety Level 3 and 4 facilities - which include medical and biological research facilities involving the storage and processing of extremely toxic or infectious agents. See Policy SP-3 of the SFO ALUCP for additional detail. a a a EXHIBIT "A" 23. 24. 25. EXHIBIT "A" Critical public utilitaes - Facilities that, if disabled by an aircraft accident, could lead to public safety or health emergencies. They include the following. electrical power generation plants, electrical substations, wastewater treatment plants, and public water treatment facilities. 26 27 that the applicant shall be required to comply with the real estate disclosure requirements of State law and General Plan as outlined in Policy lP-1 of the SFO ALUCP and that the following statement must be included in the notice of intention to offer the property for sale or lease: "Notice of Airport in Vicinity This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example. noise, vibration, or odors). lndividual sensitivittes to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase or lease and determine whether they are acceptable to you."; that the project applicant shall be required to evaluate potential airport noise impacts if the project is located within the 65 CNEL contour line of San Francisco lnternational Airport (as mapped in the Airport Land Use Compatibility Plan for the Environs of San Francisco lnternational Airport). All projects shall be required to mitigate impacts to comply with the interior and exterior noise standards established by the Airport Land Use Compatibility Plan; that any action that would either permil or result in the development or construction of a land use considered to be conditionally compatible with aircraft noise of CNEL 65 dB or greater (as mapped in the Airport Land Use Compatibility Plan) shall include the grant of an avigation easement to the City and County of San Francisco prior to issuance of a building permit(s) for any proposed buildings or structures, consistent with Airport Land Use Compatibility Plan Policy NP-3 Grant of Avigation Easement: that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires afiected 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 existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District unless applicant produces evidence, to the satisfaction of the Community Development Director, that special circumstances exist that warrant early demolition, in accordance with the provisions of the Burlingame Municipal Code Chapter 18.07.065; 30 Conditions of Approval for Categorical Exemption, Design Review, Density Bonus, and Approval of Community Benefits 1855-1881 Rollins Road Effective October 6, 2022 Page 5 28. 29. 34 EXHIBIT "A" Conditions of Approval for Categorical Exemption, Design Review, Density Bonus, and Approval of Community Benefits '1855-1881 Rollins Road Effective October 6, 2022 Page 6 31 that the applicant or contractor shall ensure that a Soils Management Plan is prepared by a Certified Environmental Consultant to address the appropriate handling, storing, an sampling of any soil to be removed from the subject property. 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; 32 JJ 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 prior to, during, and immediately after each storm even; stabilizing disturbed soils throughout temporary or permanent seeding, mulching matting, or tarping; rocking unpaved vehicle access to limit dispersion of mud onto public right-of-way; covering/tarping stored construction materials, fuels and other chemicals; 35 that the applicant shall prepare a construction staging and traffic control plan for the duration of construction for review and acceptance by the City Engineer prior to the issuance of a building permit; the construclion 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 street frontages; 36 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, traffic and parking congestion during construction: A set of comprehensive traffic control measures, including scheduling of major truck trips and deliveries to avoid peak traffic hours, delour 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 exient 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, a b c EXHIBIT "A" Conditions of Approval for Categorical Exemption, Design Review, Density Bonus, and Approval of Community Benefits 1855-1881 Rollins Road Effective October 6, 2022 Page 7 Provisions for monitoring surface streets used for haul routes so that any damage and debris attributable to the haul trucks can be identified and corrected by the project applicant; and Designation of a readily available contact person for construction activities who would be responsible for responding to any local complaints regarding trafflc or parking. This coordinator would determine the cause of the complaint and, where necessary. would implement reasonable measures to correct the problem. 37 that the applicant shall submit a Construction Noise Control Plan. This plan would include measures such as: Using smaller equipment with lower horsepower or reducing the hourly utilazation 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 marntained 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). Using "quiet" gasoline-powered compressors or electrically powered compressors and electric rather than gasoline- or diesel-powered forklifts for small lifting. d e 2a JY 40 that the applicant shall submit an erosion and sedimentation control plan describing BMPs (Best lvlanagement 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 cuVfill and sorl storage/disposal areasi areas wtth 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, that construction access routes shall be limited in order to prevent the tracking of dirt onto the public righlof-way, clean off-site paved areas and sidewalks using dry sweeping methods; that all runoff created during construction and future discharge from the site shall be required to meet National Pollution Discharge Elimination System (NPDES) standards; 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 lnterceptor; 41 43 44 45 EXHIBIT "A" Conditions of Approval for Categorical Exemption, Design Review, Density Bonus, and Approval of Community Benefits 1855-1881 Rollins Road Effective October 6, 2022 Page 8 that this project shall comply with the state-mandated water conservation program, and a complete lrrigation Water Management and Conservation Plan together with complete landscape and irrigation plans shall be provided at the time of building permit application; 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 the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; that a Protected Tree Removal Permit shall be required from the City of Burlingame Parks Division to remove any existing protected size trees and that the project shall comply with the Tree Protection and Reforestation Ordinance adopted by the City of Burlingame and enforced by the Parks Department; complete landscape and irrigation plans shall be submitted at the time of building permit application; 46 that if there are any existing trees on adjacent properties abutting the project site that are determined to remain, the applicant shall have an arborist's report prepared which documents how the trees should be protected during construction; this report shall be reviewed and approved by the City Arborist and the contractor shall call for the City Arborist to inspect the protection measures installed before a building permit shall be issued; 47 that the applicant shall coordinate with the City of Burlingame Parks Division regarding the installation of the street trees along Broderick Road and Rollins Road; that this project shall comply with Ordinance No. 1477, Exterior lllumination Ordinance; that the project shall meet all the requirements of the California Building and Uniform Fire Codes, in effect at the time of building permit submittal, as amended by the City of Burlingame; 48 49 The following conditions shall be met during the Building lnspection process prior to the inspections noted in each condition: 51 that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners, set the building envelope; that prior to scheduling the framing inspection, the poect architect, engineer or other licensed professional shall provide architectural 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; 42. 50. Conditions of Approval for Categorical Exemption, Design Review, Density Bonus, and Approval of Community Benefits 1855-1881 Rollins Road Effective October 6, 2022 Page 9 52 that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Division; that prior to final inspection, Planning Division staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the poect has been built according to the approved Planning and Building plans; 53 The following conditions of approval are from applicable policies of the 2040 General Plan or the Environmental lmpact ReporT preparcd for the 2040 General Plan: 54. HP-3.12. The Project sponsor shall ensure implementation of the following BMPs during Project construction, in accordance with the BAAQMD's standard requirements: All exposed surfaces (e.9., parking areas, staging areas, soil piles, graded areas, unpaved access roads) shall be watered two times per day. All haul trucks transporting soil, sand, or other loose material offsite shall be covered. All visible mud or did track-out onto adjacent public roads shall be removed using wet-power vacuum street sweepers at least once per day. The use of dry-power sweeping shall be prohibited. All vehicle speeds on unpaved roads shall be limited to 15 mph. All roadways, driveways, and sidewalks that are to be paved shall be paved as soon as possible. Building pads shall be laid as soon as possible after grading, unless seeding or soil binders are used. ldling times shall be minimized, either by shutting equipment off when not tn use or reducing the maximum idling time to 5 minutes (as required by the California Airborne Toxics Control Measure, Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points. All construction equipment shall be maintained and properly tuned, in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. A publicly visible sign with the name and telephone number of the person to contact at the lead agency regarding dust complaints shall be posted. This person shall respond and take corrective action within 48 hours. The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. GS-4.7: Airport and Heliport Noise. Monitor noise impacts from aircraft operations at San Francisco lnternational Airport and Mills-Peninsula Medical Center, and implement applicable noise abatement policies and procedures as outlined in the Airport Noise Ordinance and Airport Land Use Compatibility Plan; EXHIBIT "A" IE EXHIBIT "A" Conditions of Approval for Categorical Exemption, Design Review, Density Bonus, and Approval of Community Benefits 1855-1881 Rollins Road Effective October 6, 2022 Page 10 56. CS.4.8: Airport Noise Evaluation and Mitigation. Require project applicants to evaluation potential airport noise impacts if the project is located within the 60 CNEL contour line of San Francisco lnternational Airport (as mapped in the Airport Land Use Compatibility Plan). All projects shall be required to mitigate impacts to comply with the interior and exterior noise standards established by the Airport Land Use Compatibility Plan, 57 CS{.9: Airport Disclosure Notices. Require that all new development comply with real estate disclosure requirements of State law. which requires that the presence of all existing and planned airports within two miles to be disclosed in any sale or lease of property. 58 HP-5.2: Migratory Birds. ldentify and protect habitats that contribute to the healthy propagation of migratory birds, including trees and natural corridors that serve as stopovers and nesting places. Avoid construction activities that involve tree removal between March and June, unless a bird survey has been conducted to determine that the tree is unused during the breeding season by avian species protected under California Fish and Game Codes 3503, 3503.5, and 3511, EO HP-5.5: Protection and Expansion of Tree Resources. Continue to preserve and protect valuable native trees and introduce species that contribute to the urban forest but allow for the gradual replacement of trees for ongoing natural renewal. Consider replacement with native species. Use zoning and building requirements to ensure that existing trees are integrated tnto new developments; 60 HP-5.6; Tree Preservation Ordinance. Continue to adhere to the Burlingame Tree Preservation Ordinance (Burlingame Municipal Code Title 1 1). ensure lhe preservation of protected trees, as designated by the ordinance; and continue to be acknowledged by the Arbor Day Foundation as a Tree City USA; t)t HP-5.7: Urban Forest Management Plan. Continue to update and use the Burlingame Urban Forest Management Plan, which integrates environmental, economic, political, historical, and social values for the community for guidance on BMPs related to tree planting, removal, and maintenance, including onsite protection of extant trees and street trees d uring projects; ol HP-5.'14: Compliance with Environmental Laws. Ensure that all projects affecting resources of regional concern satisfy regional, state, and federal laws; and Paleontological Assessment. ln areas containing middle to late Pleistocene-era sediments where it is unknown if paleontological resources exist, prior to grading an assessment shall be made by a qualified paleontological professional to establish the need for paleontological monitoring. Should paleontological monitoring be required after recommendation by the professional paleontologist and approval by the Community Development Director, paleontological monitoring shall be implemented. tl3 EXHIBIT "A" Conditions of Approval for Categorical Exemption, Design Review, Density Bonus, and Approval of Community Benefits 1855-'1881 Rollins Road Effective October 6, 2022 Page 1 1 Paleontological Monitoring. A project that requires grading plans and is located in an area of known fossil occurrence or that has been demonstrated to have fossils present in a paleontological field survey or other appropriate assessment shall have all grading monitored by trained paleontological crews working under the direction of a qualified professional, so that fossils exposed during grading can be recovered and preserved. Should any potentially unique fossils be encountered during development activities, work shall be halted immediately within 50 feet of the discovery, the City of Burlingame Planning Department shall be immediately notified, and a qualified paleontologist shall be retained to determine the significance of the discovery. Paleontological Recovery, ldentification, and Curation. The City and a project applicant shall consider the mitigation recommendations of the qualified paleontologist for any unanticipated discoveries. The City and the project applicant shall consult and agree upon implementation of measures that the City and project applicant deem feasible and appropriate. Such measures may include avoidance, preservation in place, excavation, documentation, curation, data recovery, or other appropriate measures. The project applicant shall be required to implement any mitigation necessary for the protection of paleontologrcal resources. Paleontological Findings. Qualified paleontological personnel shall prepare a report of findings (with an itemized appendix of specimens) subsequent to implementation of paleontological recovery, identification, and curation. A preliminary report shall be submitted, subject to approval by the Community Development Director before granting of building permits, and a final report shall be submitted, subject to approval by the Community Development Director before granting of occupancy permits.