HomeMy WebLinkAboutReso - PC - 2024-03.11 - 9B-CEQA - 1200 - 1340 OLD BAYSHORE HIGHWAYOocusign Envelope lD: 6'lFAEADC 41 18-4815-S55S-42A0F1C846FD
RECORD NG REQU ESTED BY
Planning Department
City ol Budingame
WHEN RECORDED fuIAIL TO
COMMUNITY DEVELOPMENT DEPARTi/ENT
C]TY OF BURLINGA[,IE
501 PRlt\.1ROSE ROAD
BURLINGAIIIE, CA 94010
2024-025404
3r04 pm 05/1412024 R1 Feer NO FEE
Count of Pages 27
Recorded in Off icial Recods
County of San Mat6
Mark Church
Ass6sso r-Co u nty Clerl-Recoder
r1llliir ltilt llfl i[ilIfl
u
]t11itfllrrliitil[l]llilil lilill l|]lti
Resolution No. 2024-03. 1 1 -98-CEQA
1200-1340 OLD BAYSHORE HIGHWAY
AP N s 026- 1 1 3-47 0, 026- 1 1 3 480, 026 -1 42-220, 026 - 1 42- 1 60,
026-1 42-17 0, 026-1 1 3-330, 026-1 1 3-450 026-1 42-1 00,
026 - 1 42-200, 026 - 1 42-24 0, 026 - 1 42 -020, 026 - 1 42 -030,
& 026-142-180
TITLE OF DOCUMENT
Dale March 22 2024
btxlw hrliaty
CITY
BI"IRLIffiG&ME
Kevin Gard ner AICP Community Developrnent Di
A?ED T'UNE ln
hereby certify this to be a iu I true and conect copy of the
document it purports to be the ong na of wh ch s on file in my
office
RESOLUTTON NO. 2024-03.1 1 -98 _CEQA
WHEREAS, on March 24,2022, DW Burlingame lOwner LLC, DW Burlingame llOwner LLC,
DW Burlingame ll OwnerA LLC, DW Burlingame ll Owner B LLC, and DW Burlingame lll Owner
LLC (""Developed') filed an application with the City of Burlingame Community Development
Department - Planning Division requesting approval of the following requests:
Environmental Review pursuant to the California Environmental Quality Act (CEaA);
Vesting Tentative Map (Code Chapter 26.08);
Commercial Design Review (Code Sections 25.12.060 and 25.68.020(C)(3)(a));
Special Permit for building height greater than 65 feet (214'-6" maximum proposed) (Code
Sections 25j2.030, T able 25.12-2 and 25.78. 060(AX2));
Special Permit for Community Benefits for increased Floor Area Ratio for a Tier 3 prcject
(2.71 FAR proposed) (Code Sections 25.12.030, fable 25.12-2, 25j2i41, and
25.78.070(A)); and
. Development Agreement (Code Chapter 25.104) (collectively, the projecl); and
WHEREAS, on March 11,2024, the Planning Commission considered and recommended
certification of a Final Environmental lmpact Report prepared for the Project (FEIR) which was
prepared in accordance with the requirements of the California Environmental Quality Act (CEQA)
and the CEQA Guidelines, and adoption of a Water Supply Assessment for the Project, and
WHEREAS, also at its March 11,2024 meeting, the Planning Commlssion considered the
Project, the stafl reports prepared for the Prqect, and all documents constituting the Final
Environmental lmpact Report (FEIR) (including the Mitigation Monitoring and Reporting program
and all appendices) and the CEQA Findings; and all other documents, reports, studies,
memoranda, maps, oral and written testimony, and materials in the City's file for the project; and
all adopted City planning documents relating to the Project includang the City's Generat ptan and
Municipal Code and all other applicable City laws and regulations (colleclively, the Record).
NOW, THEREFORE, BE lT RESOLVED by the Planning Commission of the City of Burtingame,
that the Planning Commission recommends that the City Council approve the Project applications
for Commercial Design Review, Special Permits for Height and Development under Tier
3/Community Benefits, and Vestjng Tentative Map, based on the following findings:
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RESOLUTION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN
APPLICATION FOR COMMERCIAL DESIGN REVIEW, SPECIAL PERMITS FOR HEIGHT
AND DEVELOPMENT UNDER TIER 3/COMMUNITY BENEFITS, AND VESTING TENTATME
MAP, FOR A NEW DEVELOPMENT PROJECT CONSISTING OF THREE, 11-STORY
OFFICE/RESEARCH AND DEVELOPMENT BUILDINGS AND TWO, 1O.1O.s-sTORY
PARKING STRUCTURES AT 1200.1340 OLD BAYSHORE HIGHWAY, BURLINGAME
RESOLUTTON NO. 2024-0s.11-98 - CEQA
Desion Review Frndin os:
1. That the proposed Office/R&D project as consistent with the General Plan designation of
Bayfront Commercial and is in compliance with all applicable provisions of Tifle 25, and
that the project includes adequate features addressing the N,lajor Design Review Criteria
for commercial, industrial, and mixed-use zoning districts stated in Burlingame lv,lunicipal
Code Section 25.68.060(E). The proposed project design specifically meets the Design
Review Critena in the following ways:
That the proposed prqect supports the pattern of diverse architecturat styles that
characterize the City's Bayfront Commercial area with the use of a variety of
materials lo express a modern style. The exterior finishes include a mix of
materials tncluding vision glass, shadow box, fritted glass curtainwall, perforated
metal, light metal, textured concrete, cementitious panels, glass with graphic
interlayer, and warm metal with varying colors to provide visual interest and
articulation; these materials will blend with the existing office and hotel buitdings in
the area and will also be compatible wlth the newer buildings in the surrounding
area;
That the design respects and promotes pedestrian activity by providing a missing
link of the Bay Trail as well as various public plazas and amenlties to enliven the
Bayfront area, including Bay overlooks with seating on either side of Easton Creek,
a public plaza at the southern end of the site, a picnic plaza and event lawn at the
northern building's Bay Trail frontage, a shoreline exploration area, nature
drscovery playground, outdoor fitness area, drinking fountains and a public
restroom. The prolect will also provide pedestrian trails along Easton Creek and
new sidewalks along Old Bayshore Highway. Off-street parking will be located in
two parking structures with no proposed surface parking to use the site's space
efficiently and to allow for increased landscaping and open spacel
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That the proposed project is compatible with surrounding development in that the
site is located on the central portion of the Bayfront adjacent to a mix of hotels,
office buildings, the San Francisco Bay, and Easton Creek. The buatding heights in
the immediate area include an ad.lacent g-story office building and a 1o-story hotel
in addition to other existing low-rise commercial developments. While the proposed
project will consist of three 11-story Office/R&D buildings and two 10-10.s-story
parking structures, it is adjacent to existing development of similar scale and will
fit in to the mixed fabric along Old Bayshore Highway. Therefore, it \,l/ilt be
compatible with the mass and bulk of buildings in the area and will be consistent
with the overall hetghts established in the General Plan and the Zoning Code via
a Special Permit application,
That the proposed project uses a single architectural style, using consistent
materials, architectural details, and massing techniques among the project's three
Life Science/ Offlce buildings as well as the two parking structures; and
That the proposed on-site landscaping, including the planting of 195 new trees on-
site, will enhance this site that fronts on San Francisco Bay, Old Bayshore
Highway, and Airport Boulevard. That the proposed project will significan y
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RESOLUTTON NO. 2024-03.11-98 - CEQA
improve the pedestrian and cyclist experience along the Bay Trail by providing a
missing link of the trail, substantral new amenilies, public plazas, and open spaces
along the Bay Trail that will be accessible to the public, and that the project will
enhance shoreline resilience to and protection from sea-level flse.
2. That as shown on the development table and on the proposed plans, the project will be
constructed on a parcelthat is adequate in shape, size, and topography to accommodate
the proposed development; and
3. That the project is designed and arranged to provlde 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 pedestrian activity
through improvements to the sidewalk and streetscape on Old Eayshore Highway,
multiple public plazas and amenities, and a new Bay Trail segment. Pedestrian paths will
provide continuous access through the center of the site connecting Old Bayshore
Highway to the Bay Trail and there would be direct access from Airport Boulevard to the
southern plaza and then on to the Bay Trail.
That while the proposed three, 1 1-story Office/R&D buildings and the two 1 0-1 0.5 story
parking garages exceed the base 6s-foot height Iimit, the proposed prolect has been
designed to respect and preserve the character of the Bayfront neighborhood in that the
project site is located immediately adiacent to an existing g-story office building. While
the new buildings at 11-stories will be a change to existing surface parking and low-rise
development on this site, the project has been designed to increase view corridors over
existing conditions, with the broad faces of the buildings oriented perpendicular to Old
Bayshore Highway and the shorter faces facing the public street. While the proiect
buildangs are somewhal taller than some nearby structures, the massing and scale is
broken down to be similar to the frontage widths of surrounding buildings. Vertically,
buildings are subdivided into several distinct massing ''segments" with architectural
reveals, plane changes, and balconies separating one massing segment from the next;
and
That the proposed project will not be detrimental or injurious to property or improvements
in the vicinity and will not be detrimental to the public health, safety, general welfare or
convenience, since it is well articulated and includes high quality materials and will be
compatible with buildlngs in the area that range in from two to 10 stories in height; the
proposed modifjcation will allow additional height and result in a higher intensity
office/research and development use that will allow the development to occur on smaller
footprints, whrch opens space for the creation of larger public amenlties around the site
with the public plazas, public paths and publicly accessible spaces including the
redeveloped Bay Trail, two bay overlooks and an outdoor fitness area. The additional
height will be consistent with character envisioned for the Bayfront district and that the
proposed height of the building is consistent with the following goals and policies of the
Burlingame General Plan:
Goal CCS: Establish a cohesive design character for the Bayfront area that protects
views to the waterfront, encourages biking and walking, accom modates water-based
recreation and ferry service, and addresses sea level rise.
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Soecial Permit Findinqs (Buildinq Heiqht):
RESOLUTTON NO. 2024{3.11-98 - CEQA
Policy CC-6.1: View Preservation. Ensure that new development preserves public
views to the waterfront. Consider sightlines and viewsheds from Bayfront open spaces
when planning future prolects.
Policy ED-1.1: Diverse Building Types and Sizes. Encourage development of new
office, research, and technology spaces to diversify the types of businesses in
Burlingame, focusing specifically on the Rollins Road, Bayfront, and downtown areas.
e ln d F oor ea Ratio with A roval of omm n
That the proposed modrfication to standards respects and preserves the character of
the neighborhood in which the project is located because the increased floor area ratio
(FAR) is appropriately sited with frontage on Old Bayshore Highway and the increased
density will integrate with the development encouraged in the BFC zoning district.
Further, the project creates a reinvigorated commercial district that facilitates a design
that accommodates greater open space and public improvements on-site and the
proposed FAR is appropriate for this stte given the slte width and depth. The community
benefits proposed improve the pedestrian and cyclist experience along Old Bayshore
Highway and along the Bay Trail, provide substantial new amenities along the Bay Trail
that will be accessible to the public, promote accessibility to the Bay Trail, and enhance
shoreline resilience to and protection from sea-level rise and therefore respect and
preserve the character of the neighborhood in which the project ts 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 2.71 FAR prolect has been designed with
adequate setbacks to neighboring properties to provide a buffer and is not anticipated
to have any significant adverse impact on the environmental including 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 with landscape buffers and pedestrian amenities that complement the
building design; and
Goal CC-5: N4aintain and promote the Bayfront area as a premier destination along
San Franclsco Bay for land- and water-based recreation, hospitality uses, creative
industfleS, logastics support, water-based transit service, and local businesses that
benefit from proximity to San Francisco lnternational Airport.
Policy CC-5.1: Commercial Destinations. Support and encourage commercial uses
along the waterfront that enliven the area and seNe as destinations for residents and
visitors, rncluding hotels, restaurants, and entertainment venues.
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That the proposed height of the building and the additional development capacity, wrth
a Tier 3 developmenl a12.71 FAR, aligns with the following goals and policies in the
General Plan:
RESOLUTION NO. 2024{3.1 1 -gB4EQA
Policy CC-6.3: lnfill Development. Encourage increased intensity through high-
quality infill development on surface parking lots and support the conversion of surface
parking lots into active commercial and hospitality uses.
Policy CC-6.4: Design Character. Establish design standards that facilitate attractive
interfaces between use types, enhance the public realm, and activate commercial
districts. Priorilize pedestrian improvements and waterfront access.
That the proposed vesting tentative map, together with the provisions for its design and
improvement, is consistent with the Burlingame General Plan and consistent wtth the
provisions of the Subdivision Map Act, and that the site is physically suited for the
proposed type and density of development in that it provides a commercial development
in an area identified as suitable for such use in the Zoning Code and General Plan,
provides vehicular and pedestrian circulation to serve the project, and is consistent wth
required development standards.
that the project shall be built as shown on the plans submitted to the Planning Division
date stamped September 25,2023 sheets ENT G-000-ENT G-400, sheets ENT AS-101-
ENT AS-331, sheets ENT C-001- ENT C-903, sheets ENT INT-1 - ENT INT-4. sheets ENT
L.OO1 _ ENT L.502, ShEEtS ENT SS-OO1 -ENT SS-010, ShEEtS ENT LT-101 . ENT LT-
104, sheets ENT A.BS-000 - ENT A.BS-332, sheets ENT A.BC-000 - ENT A.BC-332,
ShCEtS ENT A.BN.OOO - ENT A,BN-332, ShEEtS ENT A.PS-OOO . ENT A,PS.331, ANd
sheets ENT A.PN-OOO - ENT A.PN-331;
that the project shall comply with all terms of the Development Agreement, as approved
by Ordinance No. _ ("Development Agreement"). ln the event of a conflict between
the Development Agreement and these conditions of approval, the Development
Agreement shall control;
For purposes of these conditions of approval, the capitalized terms "Phase" and
"Building" shall have the same meaning as they do in the Development Agreement;
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 recommended by the Planning Commission and adopted by the City Council;
which shall remain a part of all sets of approved plans throughout the construction process.
Compliance with all conditions of approval is requtred; the conditions of approval shall not
be modified or changed without the approval of the City Council, unless otheMise
provided pursuant to Section 8.7 of the Development Agreement;
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Vestano Tentative Mao Findinos:
BE lT FURTHER RESOLVED by the Planning Commission of the City of Burlingame that the
Planning Commission recommends that the City Council approve the applications for Commercial
Design Review, Special Permits for Height and Development under Tier 3/Community Benefits,
and Vesting Tentative Map subject to the following conditions of approval:
Conditrons of Aooroval:
2.
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RESOLUTTON NO. 2024-03.11-98 - CEQA
that any changes to the srze or envelope of building, which would include changing or
adding exterior walls or parapet walls, or changes to building materials, extenor finishes,
windows, architectural features, roof height, and amount or type of hardscape materials
shall be subject to Plannang Division, Planning Commission, or City Council review
(provided that such review shall be consistent with the provisions of Article 8 of the
Development Agreement);
that construction shall not include impacl pile driving or blasting activities. Construction
eq uipment Shall be consistent with the eq uipment evaluated in Section 4.1 1 of the project'S
Environmental lmpact Report. Sheet piles shall be installed using a drilled, cast-in-place
method, such as auger-cast or torquedown piles, or a vibratory hammer suspended from
a crane for sheet plles comprising portions of the proposed sea wall;
that the project shall pay all fees as required by the Development Agreement;
that the project design measures outlined in the Water Suppty Assessment, dated
September 2023, prepared by EKI Environment & Water lnc, shall be included on the
plans submitted to the Building Division; including installing purple piping along the
frontage of the project for the onsite irrigatlon system to allow 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
incorporate a minimum of four points under the Water Efficiency credit category under
Leadership in Energy and Environmental Design (LEED) certification;
that the proJect shall include the Transportation Demand Management (TDM) Measures
as proposed in the Transportation Demand Management Plan, prepared by Fehr & Peers,
dated August 2022;
that a TDM annual reporl shall be prepared by a qualified professional and submitted to
the City of Burlingame annually; with the initial, or baseline, commute survey report to be
conducted and submitted one (1) year after the granting of a certificate of occupancy for
75 percent or more of the project and annually after that;
that the City may consider whether the 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;
that prior to the issuance of a certificate of occupancy, a covenant agreement shall be
recorded 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
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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 generatton compared to the standard
rate estimated by the lnstitute of Transportation Engineers (lTE) Trip Generation Manual
(1otn 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 TDN1 program to attain the
TDM goal of 20 percent reduction in tnp generation;
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RESOLUTTON NO. 2024-03.1 1 -gB-CEQA
requirements that discloses the requrred TDM provisions, and any conditions of approval
related herein to compliance and reporting for the TDN'];
that if the project will utilize shuttles under the jurisdiction of the Peninsula Traffic
Congestion Relief Alliance (Commute.org), the employer/tenant shall coordinate with
Alliance staff.
that prior to issuance of a buildang permit for vertical construction, the applicant shall verify
that the October 3, 2023 FAA Determination of No Hazard to Air Navigation for the proJect
is still current and has not expired (April 3, 2025) 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;
that prior to demolition or grading permit issuance, the applicant shall provide evidence of
approval of demolition or grading from the Bay Conservation and Development
Commission (BCDC); the applicant may apply for an at-risk demolition or at-risk grading
permit for the demolition and removal of the existing structures and grading or earth
moving on the site prior to providing evidence of approval from the Bay Conservation and
Development Commission (BCDC);
that prior to building permit issuance, the applicant shall provide evidence of projecl
approval for all Bay Trail improvements from the BCDC;
that the applicant shall receive and provide evidence of approval ftom Caltrans for
improvements proposed to the intersection at the US-101 Offramp and Old Bayshore
Highway prior to building permit issuance;
that the project applicant, in consultalion with a qualified wind consultant, shall develop
and incorporate into the Project design wind-reduction features at Locations B and C
(indicated Figure 4.1-16 in the EIR) to reduce the speed of, and potentially avoid,
uncomfortable and potentially unsafe wind speeds. Wind reduction features may include
installation of some combination of canopies and/or trellises on the buildings to deflect
downwashing winds, and/or vertical wind screens to shield pedestrians from
uncomfortable and potentially hazardous winds;
that a Protected Tree Removal Permit shall be required from the City of Burlingame Parks
Drvision to remove any existing protected size trees on the subject property and that the
project shall comply with the Tree Protection and Reforestation Ordinance as adopted by
the City of Burlingame and enforced by the Parks Division; complete landscape and
irrigation plans shall be submitted at the time of building permit application for vertical
construction;
that street trees shall be planted as shown in Exhibit A to the entitlement resolution,
assuming that the City is able to exercise its rights within respective franchise agreements
to relocate the utilities in conflict with the planned street lrees and improvement along Old
Bayshore Highway as part of the Old Bayshore Highway Corridor Feasibility Study. Once
the utilities have been relocated, it is expected the will plant street trees in accordance
with the following:
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RESOLUTTON NO. 2024-03.1 1 -9B-CECI,A
a. Street trees shall be planted in theCity right-of-way along Old Bayshore Boulevard,
as many as can be placed in accordance with City standards. Placement and
spacing subject to City approval, aiming for even spacing between 25 -30'.
b. Trees shall be healthy stock and of standard form.
c. Trees shall be 24-inch box size specrmens.
d. Species shall be Platanus acerifolia'Columbia'.
e. Trees shall be double staked with bubbler inigation supplied to each root ball (as
specified in the attachment).
Should it be determined by the City that the utilities in conflict are not able to be relocated
in entirety or should the City determine utilities cannot be relocated at the time of the
approval of the encroachment permit for offsite improvements, the Developer agrees to
pay an in-lieu fee for each street tree not planted prior to Certificate of Occupancy. The in-
lieu fee shall be a total of $3,600 per tree for each of the twenty-two (22) street trees not
planted in the City right-of-way along Old Bayshore Highway;
that the applicant shall install shoreline infrastructure to the full elevation specified in the
City of Burlingame Map of Future Conditions with the finished floor elevations being raised
to 16-feet and public open spaces raised to 17jeet as detailed on the plans submitted to
the Planning Drvision date stamped September 25, 2o23,lhal prior to issuance of a
building permit for the superstructure, the applicant shall execute an agreement with the
City identifying the landowners', landowners' assignee(s), or owners' association's
ongoing maintenance obligations for the shoreline infrastructure approved as parl of the
development;
that prior to issuance of a building permit for the superstructure, a licensed professional
engineer retained by the applicant shall certify that the design, specifications, and plans
for the construction of shoreline infrastructure are in accordance with FEMA's
requirements in Title 44, Section 65.'10 of the Code of Federal Regulations (or a similar
relevant Title and Section of the Code, if updated) as of the Application Date;
that the applicant shall submit and obtain separate approval of permits for a
Comprehensive I\,4aster Signage Plan with clear Public Access signage;
that prior to building permit issuance for each Building, the applicant shall dedicate a
Public Access easement over any trails or other required public access areas shown on
the Vesting Tentative Map included in that Building's Phase of the project. The term of the
easements shall be in perpetuity;
that prior to building permit issuance, a cross access easement for vehicle circulation and
access to parking between parking garages located on Lots 1 and 6 and buildings located
on lots 2, 5, and 7 (lot numbering shown on Sheet ENT C-301) shall be recorded with the
San Mateo County Assessor and Recorder's Office and a copy ofthe recorded documents
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22.
that the applicant shall submjt a topographic survey ofthe property, such as a LiDAR or
field survey, prepared by a licensed professional land surveyor after completion of site
grading and prior to Certificate of Occupancy for each Phase and for every one of the
proposed Buildings. Such survey shall be at the landowner or applicant's expense and
shall be conducted in consultation with City staff to be approved as compliant with City
survey standards;
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RESOLUTTON NO. 2024-03.1 1-98-CEQA
that the following public amenities, shown on sheets ENT AS-171 - ENT-AS-I74, shall be
owned, operated, and maintained by the developer, property manager, owners'
association or successor in interest in accordance with a maintenance plan to be reviewed
and approved by the Community Development Director prior to the approval of the
certificate of occupancy for the Building in the Phase with which such amenities are
delivered.
a. the public restroom in the southern parking garage
b. the airplane viewing platform in the southem parking garage
c. the shoreline exploration area
d. the nature discovery playground
e. the outdoor fitness areaf. the two bay overlook areas on either side of Easton Creek
g. the public plaza
h. the performance area and community gathering spacei. the picnic plaza and evenl lawnj. the bay trail
Public access to public amenities shall be provided. Clear signage shall be provided to
indicate public access is allowed, and all public amenities shall be made available to the
public from, at minimum, 7 am lo7 pm, 7 days per week;
that the areas and improvements within publrc amenity areas shall be maintained by and
at the expense of the property owners or their assignees, or by an owners' association.
Such maintenance shall include, but is not limited to. repairs to all path surfaces;
replacement of any plant matenals that die or become unkempt; repairs or replacement
as needed of any public access amenities such as signs, benches, trash containers, and
lights; periodic cleanup of litter and other matenals deposited within the access areas;
removal of any encroachments into the access areas; assurance that the public access
signs remain in place and visable; and repairs to any public access areas or improvements
that are damaged by future subsidence oT uneven settlement, floodang, to protect and
ensure the usability of the public access areas and improvements at all times. Within 30
days after notification by the City and/or BCDC staff, the property owners, their assignees,
or the owners' association shall conect any mainlenance deflciency noted in a staff
inspection of the site. The permittees shall obtain approval by or on behalf of the BCDC
of any maintenance that involves more than in-kind repair and replacement;
that pnor to building permit issuance for each Phase, the applicant shall submit a property
maintenance and management plan for that Phase, which shall include but not be limited
to:
a. General cleaning of litter and debns on-site.
b. Maintenance of all exterior building materials.
c. Maintenance of all landscaping.
d. Maintenance of all stormwater treatment and drainage measures-
e. Maintenance of all shoreline infrastruclure.
f. Maintenance of all public access and fire lanes;
that if the City determines that the structure interferes with City communications in the
City, the property owner shall permit public safety communications equipment and a
wireless access point for City communications to be located on the structure in a location
to be agreed upon by the City and the property owner where the public safety
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shall be sent to the City Engineer;
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RESOLUTTON NO. 202443.1 1 -gB-CEQA
communications equipment will function at a satisfactory level or better. The applicant shall
provide an electrical supply source for use by the equipment. The applicant shall permit
authorized representalives of the City to gain access to the equipment location for
purposes of installation, maintenance, adjustment, and repair upon reasonable notice to
the property owner or owner's successor in interest. This access and location agreement
shall be recorded in terms that convey the intent and meaning of this condition;
that the prolect shall comply with the Construction and Demolition Debris Recycling
Ordinance which requires affected demolition, new construction and alteration projects to
submit a Waste Reduction Plan and meet recycling requirements; any partial or full
demolition of a structure, interior or exterior, shall require a demolition permit,
that demolition or removal of the existing structures and any grading or earth moving work
shall be required to comply with all the regulations of the Bay Area Air Quatity Management
District (BAAQMD), the Bay Conservation and Development Commissaon (BCDC), and
Caltrans;
that dur ng construction, the applicant shall prov de fencing (with a fabric screen or mesh)
around all portions of the project site affected by the project Phase(s) under construction
to ensure that all construction equipment. materials and debris is kept on site;
that construction access routes shall be limited in order to prevent the tracking of dirt onto
the public right-of-way, and that off-site paved areas and sidewalks are cleaned;
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 parkang areas with exceptions for construction
parking along the street frontages of the project site;
that the project applicant and its construction contractor(s) shall develop a construction
management plan (CIr,1P) for review and approval by Public Works Engineering. The plan
must be consistent with the Development Agreement and must include at least the
following items and requirements to reduce, to the maximum extent feasible, traffic and
parking congestion during constructioni
A set of comprehensive tramc control measures, including scheduling of major
truck trips and deliveries to avoid peak traffic hours, detour signs if required, lane
closure procedures, signs, cones for drivers, designated construction access
routes, and safe pedestrian traffic routing measures;
ldentiflcation of haul routes for movement of construction vehtcles that would
minimize irnpacts 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;
a
b
that storage of constructaon materials and equipment on the street or in the public righlof-
way shall be prohabited;
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RESOLUTTON NO. 2024-03.1 1-98-CEQA
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 matenals,
fuels and other chemicals;
that trash enclosuTes and dumpster areas (except temporary enclosures or areas during
construction) shall be covered and protected from roof and surface drainage and that jf
water cannot be diverted from these areas, a self-contained drainage system shall be
provided that discharges to an interceptori
that this project shall comply with the state-mandated water conseNation program, and a
complete lrrigation Water Management and Conservation Plan together with complete
landscape and inigation plans associated with each project Phase shall be provided at the
time of building permit application for vertical construction of that Phase;
that the applicant shall comply wrth Ordinance 1503, the City of Burlingame Storm Water
[,4anagement and Discharge Control Ordinance;
that this proJect shall comply with Burlingame Municipal Code Section 25.31 .1 00, Outdoor
Lighting and lllumination;
that all project exterior lighting, except roadway and select site lighting needed for public
safety, would be required to be controlled with an astronomic timeclock to reduce
brightness levels or turn off select lights at either 10 pm (facade lighting)or 12 midnight
(non-essential site lighting). Parking garage lights shall operate with occupancy sensors
to dim Iights to 50 percent level during periods of inactivity, including rooftop parking areas.
ln addition, all lights in the parking garage for vehicular circulation and parking areas shall
be full-cutoff fixtures with no light emitted above horizontal. Parking garage light fixtures
shall be located/designed to prevent light spillage beyond the garage footpnnt and include
glare shield accessories to mitigate glare from light sources;
that the project shall meet all the requirements ol he 2022 Calitornia Building and Uniform
Fire Codes, as amended by the City of Burlingame and the current Building Codes that
are in effect at the time of bu ilding permit submittal, as amended by the City of Burlingame;
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Notifjcation 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 debns attributable to the haul trucks can be identified and conected by the
project applicant; and
Designation of a readily available contact person for construction activities who
would be responsible for responding to any local complaints regarding traffic or
parking. This coordinator would determine the cause of the complaint and, where
necessary, would implement reasonable measures to correct the problem;
39.
41.
48
The following conditions shall be met during the Building lnspec{ion process prior to the
inspec{ions noted in each condition:
46. that prior to scheduling the foundation inspection a licensed surveyor shall locate the
property corners, set the building envelopes;
47.that prior to the underfloor frame inspection the surveyor shall certify the first-floor
elevation of the new structures;
49 that prior to final jnspection, 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;
Public Works:
Prior to Building Permit lssuance
50. Based on the scope of work, this is a "Type lV" project that requires a Stormwater
Construction Pollution Prevention Permit. This permit shall be required prior to issuance
of a Building Permit. An initial field inspection shall be required prior to the start of any
construction (on private property or in the public right-of-way);
As this project site is within the Flood Zone, each Building shall prepare an "elevation
cerliflcate" using FEMA standard forms to demonstrate that the proposed buildings are
elevated above the FEMA base elevations and submit a FEMA Conditional Letter of Map
Revision for Fill (CLO[/R-F) application to remove the parcel out of the Special Ftood
Hazard Area (SFHA). lf the applicant is unable to submit the CLOMR-F application prior
to issuance of the certificate of occupancy for each Building, applicant must provide
security, which can take the form of a security deposit of at least $500,000 or a letter of
credit of equal amount to Public Works Engineering to be held until such time that the
applicant €n submit the FEt\4A CLON4R-F application;
A stormwater maintenance agreement shall be recorded with the County for all c3
treatment measures. This agreement must be recorded prior to building permit signoff;
Provide a letter from Recology indicating that the proposed trash room sizes are sufficient
to service the development;
Driveway and sidewalk approaches shall be at least 12' above the flow line of the frontage
curb rn the street to prevent overflow of stormwater from the street into private property;
Submit an erosion control plan. This plan shall include, but not be limited to, delineation
of area of work, show primary and secondary erosion control measures, protection of
creek or storm drain inlets, perimeter controls, protections for construction access points,
and sedrment control measures,
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RESOLUTION NO. 2024{3.1,I.98-CEQA
that prior to scheduling the roof deck inspections, a licensed surveyor shall provide
surveyed elevations of the height of the roof deck and parapet and provide certification of
that height to the Burldrng Drvrs'on:
51
RESOLUTTON NO. 2024-03.1 1 -98-CEQA
Subgrade parking is shown to be constructed near the property line. lf excavation method
is by means of tie-backs, a shoring and tieback agreement shall be required for any
encroachment into the city's righ!of-way;
A flood contingency plan is required for the garages construcled below the base flood
elevation. Review and approval of the plan is required prior to building permit final;
Any nonstandard sidewalk detaals that are constructed jn the public right-of-way will
require a maintenance agreement with the City as responsibility will be borne by the
property owner, their assignee(s), or an owners' association;
Project wi I be assessed sewer and water capacity charges based on the size of the
domestic water mete(s) per the lee schedule at time of building permit issuance;
This project is in the flood zone and must show evidence of floodproofing all
structures/utilities that will be inundated as well as provtde a flood contingency plan for the
occu pants;
A photometric study shall be required to confirm the prolect is providing sufficient amount
of vehicular and pedestrian lighting at a minimum of 0.5FC. Any deficiencies, the prolect
will be required to sponsor the addition of street lights;
All water meters shall be located outside the property line, or inside the property within a
public utility easement;
The City will review fire hydrant localion and determine if they will be private or public
hydrants on a case-by-case basis during the building permit review Phase;
RP back flow device is required for flre service lines connected to the reservoir;
Applicant shall enter into a Subdivision lmprovement Agreement prior to Final Map
approval, which ensures completion of all proposed off-site public jmprovements. Such
Subdivision lmprovement Agreement shall, at minimum, require completion of the
following improvements prior to issuance of certificate of occupancy for the first Building:
all underground utility improvements, street rehabilltation, street lighting, signage, curb,
gutter, sidewalk, and landscape improvements as shown on and proposed in the civil,
landscape, and joint trench entitlement plans;
Project will be required to construct the following streetscape elements withrn the project
frontage to the median as shown on sheets ENT C-400, ENT C-401, ENT C-701, ENI L-
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to
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60.
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67.
68.
The development will trigger sewer and waler capacity fees_ These fees will be
determined during the building permit Phase and remitted priorto building permit release;
Development will require multtple state and federal agency (Caltrans, Water Board, Fish
and Wildlife, and Army Corp, as applicable) input and approval letters prior to issuance of
the site work permiti
Along with the required Public Works Encroachment Permit, this project will have a Public
Works Conditions and Requirements, outlining the construction requirements and post-
construction items for final permit approval;
101, ENT LT-102, and ENT LT-103, which sheets are generally consislent with the Old
Bayshore Highway Conidor Feasibility Study: Ctass lV protected bike tane, roadway
resurfacing and restriping, 5'wide planted strip inboard of the curb, 6' wide sidewalks, bus
pull-outs and a bus shelter, high-visibility crosswalks, high-low streeflights (spaced as
required to maintain public safety and appropriate light levels on the roadway per IES
recommended practice), bay trail connection paths, and stormwater treatment;
Stormwater:
Prior to Building Perm t lssuance
70. The project is required to comply wtth Provisron C.3 of the San Francisco Bay Municipal
Regional Stormwater NPDES Permit and must manage stormwater with Low lmpact
Development control measures, such as bioretention areas, flow{hrough planters, rain
barrels or cisterns, green roofs, pervious pavement, or other stormwater treatment
measures designed to infiltrate or detain stormwater runoff. Public righlof-way areas in
front of development projects that are redeveloped as part of the project must be included
in the impervaous surface calculations and runoff must be treated from those areas.
Projects that involve demolition of a building will need to ensure that polychlorinated
biphenyls do not enter the storm drains per t\,4unicipal Code Chapter 15.15 Managing
PCBS during Building Demolition Projects Ordinance. Project applicants must complete,
sign, and return the PCBs Screening Assessment Form before issuance of the buildingpermit as part of the plan review process, the form is available at
www.burlingame.org/stormwaterdevelopment. For assistance with completing the form,
please review the PCBS in Priority Building Materials Applicant Package, which is also
available at the website referenced above;
ensure that all stormwater treatment areas outlined in the cavil plans are also shown
consistently on the landscape plans;
73 The building permit application plans shall show the marking of the words "No Dumping!
Flows to Bay" or equivalent on all storm drarn inlets surrounding and within the project site
consistent with the San Mateo Countywide Water Pollution Prevention Program's C.3
Regulated Projects Guide;
74.Trash storage areas (including recyclables and compostables or similar areas), wash
areas, loading docks, repair/maintenance bays, and equipment or material storage areas
shall be completely covered and bermed to ensure lhal no stormwater enters the covered
area. Covered areas shall be graded so that spills and washwater flow to area drains
connected to the sanitary sewer system, subject to the local sanitary sewer agency's
authonty and standards;
lnterior level parking garage floor drains, and any other interior floor drains, shall be
connected to the sanitary sewer system;
Fire sprinkler test waster shall discharge to onsite vegetated a[eas, or alternatively shall
be discharged to the sanltary sewer system;
Aar conditioning condensale shall drain to landscaping, or alternatively may be connected
to the sanitary sewer system;
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RESOLUTION NO.2O24{3.1 1.98-CEQA
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RESOLUTTON NO. 2024-03.1 1.-98-CEQA
78.All construction projects, regardless of size, must prevent stormwater pollution from
constructlon-related activities. Project applicants shall ensure that all contractors
implement appropriate and effective Best l\4anagement Practices (BMps) during all
Phases of construction, including demolition. When submitting plans for a building permit,
please include the Construction BN,IP plan sheet. An electron c file is available at:
www. bu rlingame. org/stormwaterdevelopm ent i
79 Since the prolect will disturb one (1)or more acres of soil, the project must obtain coverage
under the Construction General Permit from the State Water Resources Control Board.
When submitting plans for a building permit, please include the project s WDID # and a
copy of the Notice of lntent (NOl) for Construction Genera Permit coveragei
80 Post-construction treatment measures must be designed, installed, and hydraulically-
sized to treat a specified amount of runoff. The project plan submittals shall identify the
owner and maintenance party responsible for the ongoing inspection and maintenance ofthe post-construction stormwater treatment measures. A completed, notarized
Stormwater Treatment Measure Maintenance Agreement shall be submitted to the City
prior to the issuance of a final construction inspection;
Building:
Prior to Building Permit lssuance
81. All elements on the site must be accessible including all exterior paths of travel, usable
exterior spaces such as the outdoor terraced seating area. The accessible path of travel
must connect to all entrances of the buildings;
82- For the truck parking area within the buildings for loading and unloading, a fuel loading
analysis must be provided to verify level ol nazad and mitigating measures;
83. lf occupied roof terrace on level 1 1 of the North or Center Buildings have an occupant load
over 100, one of the two exits shall go through a one-hour corridor leading to the staar,
84. Provide a narrative describing how the garage levels will be ventilated per CMC 403.7.
lnclude information on where garage exhaust will terminate as garage exhaust is
considered environmental air and shall comply with CMC 502.2.1 ;
85. Elevator car shall be able to accommodate an ambulance stretcher, 24" x 84' , per CBC
3002.4 and 3002.4a.
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89.
High rise buildings of Risk Category lll must comply with Section 403.2.3;
Fire service access elevators complying with Section 403.6.1 shall be provided;
Provide two completed copies of the Mandatory Measures with the submittal of building
permit plans for Building Code compliance plan check. ln addition, replicate this completed
document on the plans. Note: On the Checklist a reference must be provided that andicates
the page of the plans on which each Measure can be found. BMC 18.30,040, 18.30.045
& 18.30 050;
15
Roof deck shall be designed with a live load of 1.5 times the live load for the area served
and not required to exceed 100 psf. CBC Table 1607.1;
RESOLUTTON NO. 2024-03.1 1 -gB-CEQA
90 Provide two completed copies of the (N) Non-Residential Reach Code Checklist underthe
City's 2020 Reach Code with the submittal of building permit plans for Buitding Code
compliance plan check. ln addition, replicate this completed document on the plans. Note:
On the Checklist a reference must be provided that indicates the page of the plans on
which each Measure can be found. Eurlingame Ordinance 1981. Nonresidential Buildings.
htto:/i www. burlin oa me. o rol reachcode
Fire:
Prior to Building Permit lssuance
91 . The project shall comply with the Alternate Means of Protection/Materials/Methods of
Construction issued by Central County Fire dated September 12,2023, with the following
mitigations:
. Upgrade both Parking Structures to Construction Type 1A. Extend all egress stairs in buildings and parking structures up to the roof in stairwell
penthouse enclosureso Add Fire Command Centers on the ground level of both Parking Structures, with sidewalk
access. Provide layby lanes sized for fire truck use, with no parking signage, near each of the
building lobbieso In Building typical floors (designed for B and L use), upgrade sprinkler density to Ordinary
Hazard Group 2;
92 that the Alternate Means of Protectior/Materials/Method s of Constructlon issued by
Central County Fire dated September 12,2023, with mitigations, shall be inctuded in the
project construction plans which shall remain a part of all sets of approved plans
throughout the conslruction process. Compliance with all mitigations is required and shall
not be modified or changed without the approval of Central County Fire;
that prior to formal submittal of the encroachment permit application by the City on behalf
of the applicant for the project's improvements proposed to the intersection at the US-'101
Offramp and Bayshore Highway, the applicant shall receive approval from Central County
Fire that the design of such improvements does not impede emergency response routes
or vehicles, and that following approval from Caltrans for such improvements, the
applicant shall include reflective paint and/or other means in the design and construction
of the two medians proposed to make them clearly visible, particularly during evening and
early morning hours to avoid conflicts with motorists,
All buildings are determined to be high rise buildings. All CBC/CFC requirements for high
rise buildings shall apply,
95 Project summary states plans are being submitted as a Group B occupancy but Group L
requirements are being incorporated. Building permit plans must be specific to L
requirements for infrastructure, mechanical spaces, etc.;
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93.
The building shall be equipped with an approved NFPA 13 sprinkler system. Sprinkler
drawings shall be submitted and approved by the Central County Fire Department prior to
installation,
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Parks:
107.
RESOLUTTON NO. 2024{3.1 1-9B-CEQA
The fire sprinkler system shall be electronically monitored by an approved central
receiving station;
The applicant shall ensure proper drainage in accordance with the City of Burlingame
Engineering Standards is available for the fire sprinkler main drain and inspector test on
the building plumbing drawings. These items may drain directly to landscape or in the
sewer with an air gap;
The fire protection underground water line shall be submitted and approved by the
Burlingame Building Department prior to approval of aboveground fire sprinkler permit and
fire standpipe system by the Central County Fire Department;
The buildings shall be equipped with an approved Class lll NFPA 14 Standpipe System.
The standpipe system shall be submitted and approved by the Central County Fire
Department prior to installation. Outlets shall be located on the intermediate stair landing
of each floor;
A UL listed and certified manual and automatic fire alarm system shall be installed
throughout the buildings;
Approved emergency radio communication capability is requared throughout the buildings.lf building construction/layout cannot accommodate required radio communication
strength, an emergency responder radio coverage system is required throughout. Permit
required to be obtained through the Central County Ftre Dept. prior to installation. Riser
wiring survivability rating shall be the same as interior wall ratings. lnfrastructure should
be designed for this rated shaft, alternates for this requirement will not be approved later
in lieu of the rated shaft. Due to the proximity of the buildings, a single exterior antenna
should be used to reduce potential frequency interference;
Phase I & ll elevator recal for firefighter emergency operation shall be required;
Elevator shunt trip (causing loss of power) is not allowed. Sprinkler head at top of elevalor
shaft and in machine room not allowed. Elevator machine room must be constructed of
the same rating as the elevator shaft;
Provade a fire pump in accordance with NFPA 20 and secondary water supply as required
per CBC 403.3.3;
New landscape plan shall meet the Water Efficient Landscape Ordinance (WELO). Submit
non-residential checklist for review with the building permit submittal. lrrigation Plans shal
be required as part of the building permat submittal;
All buildings shall have a Knox key box for emergency Fire Dept. access.
17
RESOLUTION NO. 2024{3.1 1.9B 4EQA
The following conditions of approval are mitigation /reasures that the project wilt be
required to comply with as identified in the Environmental lmpact Report prepared lor the
proiect:
108. Mitigation Measure AIR-1a: Construction Emissions Minimization. During project
construction, the construction contractor shall comply with the BAAQMD's currenl bastc
control measures for reducing construction emissions of fugitive PM10 and pM2.5. The
construction contractor shall comply with the following:
. 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 offsite 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.
Al vehicle speeds on unpaved roads shall be limited to 15 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
seedang or soil binders are used.
ldling times shall be minimized either by shutting equipment off when not an 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 [CCR]). Clear signage shall be provided for construction workers at
all access pornts.
All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's speclfications. All equipment shall be checked by a certified
mechanic and determined to be running in proper conditton prior to operation.
Post a publicly visible sign with the telephone number and person to contact at the
Lead Agency regarding dust complaints. Ths person shall respond and take
corrective action within 48 hours. The BAAQNID phone number shall also be visible
to ensure compliance with applicable regulations;
1 09 Mitigation Measure AIR-1b: Off-Road Equ ipment Tiers. Att construction equipment
above 50 horsepower shall either be powered by electricity, or meet or exceed either EpA
or CARB Tier 4 Final off-road emission standards if they are powered by diesel;
'l 1 0. M itigation Measure AIR-1c: Haul Truck Tiers. During Project construction, on-road haul
trucks shall be equipped with 2010 or newer model year engines;
111 . Mitigation Measure AIR-1d; Exterior Paint The exteriors of the life scaence/office
bualdings will not be painted; rather, the exteriors shall entirely consist of glass, concrete
or coated materials painted at the time of fabrication at an offsite facility;
18
RESOLUTION NO. 2024.03.1 l.gBCEQA
112. Mitigation Measure AIR-1e: lnterior Paint. During Project construction and operation,
the Project applicant shall use super-compliant architecturalcoatings during construction,
and during operations that occur concurrent with construction for all bu ldings, which shail
have volatile organic compound (VOC) content that meet South Coast Air Quality
1,"'lanagement District (SCAQr\4D) Rule 1113 Architectural Coatings as revised on February
5, 2016;
113 Mitigation Measure AIR-2: Zero-Emission Landscaping Equipment. During Project
operation, zero-emission landscaping equipment shall be used over conventional
gasoline-fueled counterparts. The requirement for zero-emission landscaping equipment
shall be included in the Pro.iect's landscaping maintenance agreement;
114 Mitigation Measure BIO-1a: Worker Environmental Awareness Training. Personnel
involved in outfall replacement and bridge construction over Easton Creek shall be trained
by a qualified biologist (experienced in construction monitoring, as approved by the
City/Agency) in the importance of the marine environment to special-status fish and other
aquatic animals, and the environmental protection measures put in place to prevent
impacts to these species, their habitats, and EFH. The training shall include, at a minimum,
the following.
. A review of the special-status flsh and other aquatic animals, and sensitive habitats
that could be found in or downstream from work areas
I\4easures to avoid and manimize adverse effects to special-status fish and other
aquatic animals, their habitats, and EFH.
115
. A review of all conditions and requirements of environmental permits, reports, and
plans (e.9., USACE permits);
Mitigation Measure BIO-1b: Seasonal ln-Water Restrictions, ln-water work for outfall
replacement shall be conducted between June 1 through November 30, based on the
standard work windows for steelhead and Pacific herring. lf completion of in-water work
within this period is not feasible due to scheduling issues, new timing guidelines shall be
established and approved by NMFS and CDFW prior to initiation of in-water work;
1 16. Mitigation Measure BIO-1c: Fish Exclusion at Dewatering Sites. Prior to outfall
replacement, Construction contractor shall install cofferdams to dewater the work areas.
Cofferdams must be constructed with materials to effectively dewater the work area (e.9.,
inflatable rubber dams, sheet piles, or other materials). lf inflatable rubber cofferdams are
used, they must be installed at low tide when the work area is fully drained. lf sheet pile
cofferdams or other materials are used, the two sidewalls of the cotferdam must be placed
first, followed by the final wall of the cofferdam on the downslope side (closest to the
Easton Creek centerline). The final wall must be placed at low tide to minimize the amount
and depth of water present within the cofferdam. Just before the final wall is installed, if
water is present within the coffer dam, qualified biologists may use nets (with a maximum
mesh size of 9.5 millimeters) to exclude fish from the construction area. At low tide,
qualified biologists shall walk from the upper edge of the work area to the lower edge of
the work area with a seine stretched across any wetted portion of the work area to
encourage fish to move out of the construction area through the gap where the final wall
would be installed. When the lower end of the construction area is reached, a block net
would be installed in that gap to prevent fish from moving back into the cofferdam. This
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procedure shall be repeated until no fish remain in the dewatered area. The final sheet
pile must then be installed. Upon completion of in-water work activities, coffer dams shall
be removed in a manner that would allow flow to resume with the least disturbance to lhe
substratei
Mitigation Measure BIO-1d: Nesting Bird Protection Measures. Nesting birds and their
nests shall be protected during construction by use of the followrng measures:
a, The construction contractor shall conduct initial vegetation removal, tree trimming
and removal, ground disturbance, and demolition of existing buildings outside the
bird nesting season (February 1 to August 31);
b. lf vegetation removal, tree trimming and removal, ground disturbance, and
demolition of existing buildings during the nesting season cannot be fully avoided,
a qualified wildlife biologist (as determined by CDFW) shall conduct pre-
construction nesting surveys during the bird nesting season seven (7) or fewer
days prior to the start of such activities or after any construction breaks of 14 days
or more. Surveys shall be performed for the Project site, vehicle and equipment
staging areas, and suitable habitat within 250 feet in order to locate any active
passerine (songbird) nests and within 500 feet of these individual sites to locate
any active raptor (bards of prey) nests.
lf aclive nests are located during the pre-construction nesting bard survey,
the qualified wildlife biologist shall evaluate rf the schedule of construction
activities could affect the active nests and the following measures shall be
implemented based on their determanataon:
lf construction is not likely to affect the actlve nest, construction may
proceed without restriction; however, a qualified biologist shall
regularly monitor the nest at a frequency determined appropriate for
the surrounding construction activity to confirm there is no adverse
effect. Spot-check monitoring frequency would be determined on a
nest-by-nest basis considering the particular construction activity,
duration, proximity to the nest, sensitivity of the species to
disturbance, and physical barriers that may screen activity from the
nest. The qualified biologist may revise his/her determination at any
time during the nesting season in coordination with the City of
Burlingame.
b. lf ( is determined that construction may affect the active nest, the
qualifaed biologist shall establish a no-dasturbance buffer around the
nest(s) and all project work shall halt within the buffer until a
qualified biologist determines the nest is no longer in use. Typically,
these buffer distances are 250 feet for passerines and 500 feet for
raptors; however, the buffers may be adjusted due to the pre-
construction disturbance level and/or if an obstruction. such as a
building, is within line-of-sight between the nest and construction,
c. N,lodifying nest buffer distances, allowing certain construction
activities within the buffer, and/or modify ng construction methods
in proximity to active nests shall be done at the discretion of the
a
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RESOLUTION NO. 2024-03.1 1 -98-CEQA
118
RESOLUTTON NO. 2024-03.1 1 -98-CEQA
qualified biologist and in coordination with the City of Burlingame,
who would notify CDFW.
d. Any work that must occur within established no-disturbance buFfers
around active nests shall be monitored by a qualified biologist. lf
adverse effects in response to project work within the butfer are
observed and could compromise the nest, work within the no-
disturbance buffe(s) shall halt until the nest occupants have
fledged.
Any birds that begin nesting within the Proiect stte and survey buffers amid
construction activities shall be assumed to be habituated to construction-
related or similar noise and disturbance levels and no work exclusion zones
shall be established around active nests in these cases, however, should
lhese nesting birds begin to show disturbance associated with construction
activities that could result in nest failure, no-disturbance buffers shall be
established as determined by the qualified wildlife biologist;
Mitigation Measure BIO-1e: Avoidance and Minimization Measures for Bats. A
qualified biologist (as defined by CDFW)who is experienced with bat surveying techniques
(including auditory sampling methods), behavior, roosting habitat, and identification of
local bat species shall be consulted prior to initiation of construction activities to conduct
a pre-construction habitat assessment of the ProJect site to characterize potential bat
habitat and identify potentially active roost sites. No further action is required should the
pre-construction habitat assessment not identify bat habitat or signs of potentially active
bat roosts within the Project site (e.9., guano, urine staining, dead bats, etc.).
The following measures shall be implemented should potential roosting habitat or
potentially actrve bat roosts be identified during the habitat assessment in buildings to be
demolished or relocated, or in trees adjacent to construction activities that could be
trimmed or removed within the study area:
a. ln areas identified as potential roosting habitat during the habitat assessment,
initial building demolition, relocation, and any tree work (trimming or removal) shall
occur when bats are active, approximately between the periods of March 1 to April
15 and August 15 to October 15. These periods avoid the bat maternity roosting
season and period of winter torpor.
b. lf construclion occurs during the roosting season, the qualified biologisl shall
conduct pre-construction surveys of potential bat roost sites identified during the
initial habitat assessment no more than 14 days prior to buildtng demolition or
relocation, or any tree tnmming or removal.
c. lf active bat roosts or evidence of roosting is identified during pre-construction
surveys for building demolition or tree work, the qualifled biologist shall delermine,
af possible, the type of roost and species. A no-disturbance buffer shall be
established around roost sites until the start of the seasonal windows identified
above, or the qualified biologist determines roost sites are no longer active. The
size of the no-disturbance buffer would be determined by the qualified biologist
and would depend on the species present, roost type, existing screening around
the roost site (such as dense vegetation or a building), as well as the type of
construction activaty that would occur around the roost site.
1 '19
120
RESOLUTTON NO. 202443.1 1-98{EQA
d. Buildings and lrees with potential bat roosting habitat or active roosts shall be
disturbed only under clear weather conditions when precipitation ls not forecast for
three days and when daytime temperatures are at least 50 degrees Fahrenheit.
e. The demolition of buildings containing or suspected to contajn potentiat bat
roosting habitat or active bat roosts shall be done under the supervision of the
qualified biologist during daytime. When appropriate, buildings shall be partialty
dismantled to significantly change the roost conditions, causing bats to abandon
and not return to the roost, likely in the evening and after bats have emerged from
the roost to forage. Under no circumstances shall active maternity roosts be
disturbed until the roost disbands at the completion of the maternity roostang
season or otherwise becomes inactive, as determined by the qualified biologist.
Tnmming or removal of existing trees with potential bat roosting habitat or active
(non-maternity or hibernation) bat roost sites shall follow a two-step removal
process (which shall occur during the time of year when bats are active, according
to a) above.
i. On the first day and under supervision of the qualified biologist, tree
branches and limbs not containing cavities or fissures in which bats could
roost shall be cut using chainsaws or other handheld equipment.
ii. On the following day and under the supervision of the qualified biologist,
the remainder of the tree may be tnmmed or removed, either using
chainsaws or other equapment (e.9., excavator or backhoe).
iii. All felled trees shall remain on the ground for at least 24 hours prior to
chipping, off-site removal, or other processing to allow any bats to escape,
or be inspected once felled by the qualified biotogist to ensure no bats
remain withrn the tree and/or branches;
Mitigation Measure BIO-2a: ln-Situ Restoration of Temporary lmpacts. Although
much of the impact on tidal salt marsh and open water/tidal aquatic habitat in Easton Creek
resulting from outfall replacement will be permanent, some of the impacts may be
temporary, occurring only during removal of the existing outfalls and installalion of new
ones. Alltemporarily impacted areas (i.e., areas where new hardened material will not be
placed) will be restored by the Project applicant or designee following construction by
restoring topography and soils to pre-project conditions. The sparse pickleweed habitat
along Easton Creek is likely to become recolonized easily without the need for seeding
and planting, as long as the existing hydrology and topography are restored following
temporary impacts;
Mitigation Measure BIO-2b: Compensatory Mitigation for permanent lmpacts. The
Project applicant wjll provide compensatory mitigation for permanent loss of tidal salt
marsh and open water/tidal aquatic habitat resultrng from direct fill from outfall
replacement, and for potential loss of tidal salt marsh from shading from bridges. The
Project applicant will provide new wetland or aquatic habitat of the same type that was
impacted to offset this impact, either through the creation, enhancement, or restoration of
wetlands in an appropriate locatjon or via the purchase of mitigation credits in a USACE,
BCDC, and/or RWQCB-approved wetland mitigation bank. The purchase of such credits
at a 1:1 ratio, on an acreage basis, or as specified by any state or federal permitting
22
RESOLUTTON NO. 2024-03.1 1-98-CEQA
agencies, shall serve as full mitigation for impacts to these wetland features. lf pro.iect-
specific creation, enhancement, or restoration of wefland habitat is implemented, habitat
will be restored or created at a m inim um ratio of '1 : 1 (compensation: im pact) on an acreage
basis, or as otherwise required by any state or federal permitting agencies. USACE,
BCDC, and/or RWQCB approvals may be required to authorize permanent impacts to this
teature.
lf compensatory mitigation is not provided by purchasing mitigation credits from a USACE-
or RWQCB-approved wetland mitigation back, then, the Project applicant wi provide
compensation by creating, enhancing, or restoring wetland habitat so as to achieve the
1 : 1 ratio somewhere in San Mateo Counly, or as otherwise required by any state or federal
permitting agencies. A qualified biologist shatt develop a "We and Mitigation and
Monitoring Plan" describing the mitigation, which will contain the following components (or
as otheMise modified by regulatory agency permitting conditions):
a. Summary of habitat impacts and proposed mitigation ratios
b. Goal of the restoration to achteve no net loss of habitat functions and values
c. Location of mitigation site(s) and description of existing site conditions
d. Mitigation design
Existing and proposed site hydrology
Grading plan if appropriate, including bank stabitization or other site
stabilization features
e
iii. Soil amendments and other site preparation elemenls as appropriate
iv. Planting plan
v. lrngation and maintenance plan
vi. Remedial measures and adaptive management
Monitoring plan (including performance criteria, monitoring methods, data
analysis, reporting requirements, and monitorang schedule). Success criteria will
include quantifiable measurements of wetland vegetation type (e.g., dominance by
natives) and extent appropriate for the restoration location, and provision of
ecological functions and values equal to or exceeding those in the wefland habitat
affected. At a minimum, success criteria will include following:
i. At Year 5 post-rnitigation, at least 75 percent of the mitigation site for tidal
salt marsh will be dominated by native hydrophlic vegetation.
The Wetland N,litigation and Monitoring Plan must be approved by the City of Burlingame
prior to the wetland impacts, and implementation of the plan must begin w thin one year
after the discharge of fill jnto or construction of a bridge over tidal salt marsh or open
water/tidal aquatic habitat;
23
121.
RESOLUTION NO. 2024-03.1 1-9BCEQA
122 Mitigation Measure CUL-2a: Cultural Resources Awareness Training. Before any
ground-disturbing and/or construction activities, an archaeologist meeting or under the
supervision of an archaeologist meeting the Secretary of the lntenor Standards for
Archeology shall conduct a training program for all construction and field personnel
involved in ground disturbance. If a Native American tribe has expressed interest in the
Prolect via tribal consultation, they will be invited to participate in the training program. On-
site personnel shall attend a mandatory pre-Project training that shall outline the general
archaeologrcal sensilivity of the area and the procedures to follow in the event an
archaeological resource and/or human remains are inadvertently discovered, A training
program shall be established for new Project personnel before they begin Project work,
123. Mitigation Measure GUL-2b: lnadvertent Discovery of Cultural Resources. lf pre-
contact or historic-era archaeological resources are encountered during Project
implementation, all construction activaties within 100 feel shall halt, and a qualified
archaeologist, defined as an archaeologist meeting the U,S. Secretary of the lnterior's
Professional Qualification Standards for Archeology, shall inspect the find within 24 hours
of discovery and notify the City of their initial assessment. Pre-contact archaeological
materials might include obsidian and chert flaked-stone toots (e.9., projectile points,
knives, scrapers) or toolmaking debris; culturally darkened soil ("mldden") containing heat-
affected rocks, artifacts, or shellfish remains; and stone milling equipment (e.9., mortars,
pestles, handstones, or milling slabs); and battered stone tools, such as hammerstones
and pitted stones. Historic-era materials might include building or structure footings and
walls, and deposits of metal, glass, and/or ceramic refuse.
lf the City determines, based on recommendations from a qualified archaeologist and a
Native American representative (if the resource is pre-contact), that the resource may
qualify as a historical resource or unique archaeological resource (as defined in CEQA
Guidelines Section 15m4.5) or a tribal cultural resource (as defined in PRC Section
21080.3), the resource shall be avoided, if feasible. Consistent with Section i 5126.4(b)(3),
this may be accomplished through planning construction to avoid the resource;
incorporating the resource within open space, capping and covering the resource; or
deeding the site into a permanent conservation easement.
lf avoidance is not feasible, the City shall consult with appropriate Native American tnbes
(if the resource is pre-contact), and other appropriate jnterested parties to determine
treatment measures to avoid, minimize, or mitigate any potential impacts to the resource
pursuant to PRC Section 21083.2, and CEQA Guidelines Section 15126.4. This shall
include documentation of the resource and may include data recovery (according to pRC
Section 21083.2), if deemed appropriate, or other actions such as treating the resource
with culturally appropriate dignity and protecting the cultural character and integrity of the
resource (according to PRc section 21084.3);
124 Mitigation Measure CUL-3: lnadvertent Discovery of Human Remains. ln the event of
discovery or recognition of any human remains during construction activities, such
activities within 100 feet of the find shall cease until the appropriate County Coroner has
been contacted to determine that no investigation of the cause of death is required. The
Native American Heritage Commission (NAHC) will be contacled within 24 hours if it is
determined that the remains are Native American. The NAHC wi then identify the person
or persons it believes to be the most likely descendant from the deceased Natrve
raE
RESOLUTION NO, 2024-03.1 1-gBCEQA
American, who in turn would make recommendations to the lead agency for the
appropriate means of treating the human remains and any grave goods;
Mitigation Measute HAZ-1 : Construction Soil and Groundwater Management plan.
The contraclor conductjng excavation of fill and soil and dewatering of excavations shall
develop and implement a soil and groundwater management plan (SGMP) for the
management of soil, fill, Soil gas, and groundwater before any ground-disturbing activity
to manage contaminated materials, if encountered. The SGMP shall include the following,
at a minimum:
Site description, including the hazardous materials that may be encountered.
Roles and responsibilities of on-site workers, supervisors, and the regulatory
a9ency.
Training for site workers focused on the recognition of and response to
encountering hazardous materials or unknown struclures, e.9., underground
storage tanks (USTS).
Notification requirements in the event of discovery of unknown structures or
contamination.
Protocols for the materials (fall, soil, and dewatering effluent) testing, handling,
removing, transporting, and disposing of all excavated materials and dewatering
effluent in a safe, appropriale, and laMul manner.
Reportrng requirement to the overseeing regulatory agency, if any contamination
s found that requires agency oversjght, documenttng that site activities were
conducted in accordance with the SGIUP.
The SGMP shall be submitted to the SMCEHS and the City of Burlingame Building
Division for review to inform their permit approval process before the start of demolition
and construction activities and as a condition of the grading, construction, and/or
demolition permit(s). The contract specifications shall mandate full compliance with all
applicable federal, state, and local regulations related lo the identification, transportation,
and disposal of hazardous materials.
The SGfUP shall include measures to remove and/or treauremedtate the jmpacted soil, fill,
and groundwater, as needed, in a manner that is protective of human health and the
environment and compatible with commercial land use, in compliance with all applicable
regulatory standards, under supervision of a qualified environmental professional. The
SGMP shall describe measures for (i) management of excavated soil, fill, and
groundwater, (ii) characterization of soil and fill to determine whether they qualify as
hazardous waste under regulations such as 22 C.C.R. Section 66262.1 1 or other
regulations identified an the SGMP or otherwise identified by the oversight agencies, and
(iii) offsite disposal of excavated soil and fitl, and disposal of dewatered groundwater in
compliance with all applicable regulations. The SGMP shall also provide measures for the
evaluation of vapor intrusion risk at the Project site, and if necessary, modification of the
Project design and/or installation of a vapor intrusion mitigation system consistent with the
25
RESOLUTTON NO. 2024-03.r r -98-CEOA
procedures and performance standards set forth in DTSC'S October 201 1 Vapor lntrusion
Mitigation Advisory or as otherwise determined applicable by the oversight agency at the
time of construction.
For work that would encounter groundwater, as part of the SGMP, the contracto(s) shall
include a groundwater dewatenng control and disposal plan specifying how groundwater
(dewatering effluent) will be handled and disposed of in a safe, appropriate, and laMul
manner. The groundwater portion of the SGMP shall include the followang, at a minimum:
. The locations at which groundwater dewatering is likely to be required.
. Test methods to analyze groundwater for hazardous substances.
Appropriate treatment and/or disposal methods.
Discussion of discharge to a publicly owned treatment works or lhe stormwater
system, in accordance with any regulatory requirements the treatment works may
have, if this effluent disposal option is to be used; and
126. Mitigation Measure UTIL-2: Contribute to Water Conservation Programs under the
City's Development Offset Program. Per the Development Offset Program and the
WSA, the Project applicant shall make a monetary contribution to pay for its fair share of
funding of water conservation programs to offset the Poect's contribution to the City's
water supply shortfall of 4.2 MGY during multiple dry years. The Project applicant shall
make this contribution in three installments prior to issuance of Certificate of Occupancy
for each of the three office/R&D buildings in amounts calculated at that time which are
proportional to each building's square fmtage.
h,
C
I,, Secretary of the Burlingame Planning Commission, do hereby
certiry that the foregoing resolution was adopted at a regular meeting of the Planning
Commission held on the 'llth day of March 2024 by the following vote:
120o-13all OLD BAYSHORE HWY- RESO 202,1-{t3.11-9BAYES: COIAROTO, I{ORAX, LOWENTHAL
PFAFF, SCH ID, SIIORESNOES: I{ONE
ABSENT TSE
RECUSED: NOi{E
26
Secretary