HomeMy WebLinkAboutReso - PC - 2024-04.08 - 9D-Entitlement - 1499 OLD BAYSHORE HIGHWAYRECORDING REOUESTED BY
Planning Department
City of Burlingame
WHEN RECORDED MAIL TO
C0Mt\.4UNlTY DEVEL0PMENT DEPARTMENT
CIW OF BURLINGAME
501 PRIMROSE ROAD
BURLINGAME. CA 94010
2024-025408
3:04 pm 05/1,V2024 R'l Fee: NO FEE
Count of Pages '14
Recorded in Off icial Records
CountY of San Mateo
Mark Church
Ass€sso r€o u nty Clerk-Recorder
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Resolution No. 2024-04.08-9D ENTITLEMENT
1499 OLD BAYSHORE HIGHWAY
APNs 026-322-150 & 026-322-050
TITLE OF DOCUMENT
I hereby certify this to be a full, true and conect copy of the
document it purports to be, the original of which is on file in my
office.
ril 19 2024
Ww eavkwt
CITY
BUEEJT{SAMEcA. r t
ATED T'UNE aA
Kevin Gardiner, AICP, Community Development Director
DocuS:gn Enveiope lD: 5F6F48OB-221D-4364-9468-4688854C1DA6
Date:
RESOLUTION NO. 2024-04,08.9D-ENTITLEIVENT
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BURLINGAME
APPROVING AN APPLICATION FOR COMMERCIAL DESIGN AND SPECIAL PERMITS
FOR HEIGHT AND OEVELOPMENT UNDER TIER 3/COMMUNITY BENEFITS AND
RECOMMENDING A VESTING TENTATIVE MAP FOR A NEW, 8-STORY RESEARCH AND
DEVELOPMENT BUILDING WITH A T.STORY PARKING STRUCTURE AT
1499 OLD BAYSHORE HIGHWAY / 825 MAHLER ROAD
(ASSESSOR PARCEL NOS: 026-322-150 & 026-322-050)
WHEREAS, on September 12, 2022, King 1499 Bayshore Owner LLC ("applicant") fited an
application with the City of Burlingame Community Development Department- Planning Division ("City")
requesting approval of the following requests:
Environmental Review pursuant to CEQA Guidelines;
Commercial Design Review (Code Sections 25.12.090 and 25.68.020(CX3Xa));
Special Permit for building height greater than 65'-0" for properties fronting on Old Bayshore
Highway (Code Sections 25.12.O30, Table 25.12-2 and 25.78.060(AX2));
Special Permit for Community Beneflts for increased Floor Area Ratio for a Tier 3 project (Code
Sections 25.12.030, Table 25.12-2, 25.12 04O(C), and 25.78.070(A)), and
WHEREAS, on May 22,2023,lhe Planning Commission conducted duly noticed public hearing
to review the proposed 8-story research and development building with 7-story parking structure. At that
time the Planning Commission requested additional information and direction was provided to the
applacant regarding design modifications: and
WHEREAS, ICF Jones & Stokes, lnc. was the consultant selected to prepare the environmental
review of the application, and they prepared an lnitial Study /Mitigated Negative Declaration (lS/MND)
per Article 6 of the California Environmental Quality Act (CEQA) Guidelines which circulated for the
required 30-day public review and comment period from January 10, 2024 through February 9, 2024;
and
WHEREAS, following consideration of all information contained in the April 8, 2024 staff report to
the Planning Commission regarding the project, all written correspondence, and all public comments
received at the public hearing, the Planning Commission grants approval of the project entitlements and
recommends approval of the Vesting Tentative Parcel Map for a new, 8-story research and development
building with a 7-story parking structure based on the following findings:
Desiqn Review Findinqs
That the proposed project is consistent with the General Plan designation of l-l zoning for parcels
fronting on Old Bayshore Highway. That the proposed buildings and parking garage have a
contemporary commercial architectural style, featuring vision glass spandrel with shadowbox,
metal panel reveals, precast concrete spandrel and infill panels, ribbon wrndow walls, and
perforated metal mechanical penthouse screens with a non- reflective finish that is in compliance
with all applicable provisions of Title 25, with the exception of the Special Permit for Building
1
Vesting Tentative Parcel Map for lot combination of two lots (1499 Old Bayshore Highway and
825 Mahler Road).
RESOLUTION NO. 2024-04.08.9D-ENTITLEMENT
Height and for Community Benefits for lncreased Floor Area Ratio for a Tier 3 Project; that the
project will be replacing tvvo dated structures that underutilized the site and will provide a modern
architectural style on this prominent corner location.
That as shown on the development table and on the proposed plans, the project will be
constructed on a parcel that is adequate in shape, size, and topography to accommodate the
proposed development.
That the proposed project respects and promotes pedestrian activity in this district with the overall
site design that enhances the interface with Mills Creek on the south side and with the parking
structure tucked at the rear of the site with the entrance located on the Mahler Road side.
That the project is designed and arranged to provide adequate consideration to ensure the public
health, safety, and general welfare, and to prevent adverse effects on neighboring property in that
the proposed project will encourage pedestrian activity through improvements to the sidewalk and
streetscape on Old Bayshore Highway with a corner (grand) staiMay that anno.unces the building
at the center of the corner. These improvements include a new public plaza at the rear of the
building, along Old Bayshore Highway with inviting lighting and landscaping, and a public trail
from Old Bayshore Highway onto the site adjacent to Mills Creek. A continuous pedestrian path
through the southern property of the site would follow Mills Creek with two overlooks along the
trail.
That the proposed on-site landscaping and off-site improvements, including the planting of 35
new trees will enhance this site that fronts on Mill Creek and is prominently viewed from Old
Bayshore Highway. That the proposed project would significantly improve the pedestrian
experience along Old Bayshore Highway and would provide new amenities and enhance
shoreline resilience to and protection from sea-level rise.
That while the proposed 8-story building at 151'-7" in height and 7-story garage at 76'- 1 f inheight
are a modification to the 65'-0" height limit. the proposed project has been designed to respect
and preserve the character of the Bayfront neighborhood in that the project site is located in the
vicinity other new buildings that would exceed the baseline height; the project has been designed
t with a large plaza and is well suited for this corner location; overall the height is in context with
surrounding buildings.
That the proposed modification to standards respects and preserves the character of the
neighborhood in which the project is located because the Tier 3 development for this project with
2
Special Permit Findinqs - lncreased Floor Area Ratio with Approval of Communitv Beneflts.
Soecial Permit Findinos - Buildinq Heiqht
That the proposed project will not be detrimental or injurious to property or improvements in the
vicinity and will ncit be detrimental to the public health, safety, general welfare or convenience,
since it is well articulated and includes high quality materials and will be compatible with buildings
in the area that range in height; the proposed modification will allow additional height and result
in a higher intensity office/research and development use that will allow the development to occur
on a smaller footprint, which opens space for the development of larger public amenities around
the site with the public plaza and publicly accessible spaces that will be created with the trail
extension along Mills Creek. The additional height will be consistent with the existing character of
the Bayfront development; that the proposed height of the building is consistent with the goals
and policies of the Burlingame General Plan.
RESOLUTION NO 2024-04,08-9D-ENTITLEMENT
increased floor area ratio (FAR) facilitates a design that accommodates greater open space and
public improvements on-site, the proposed FAR is appropriate for this site given the site width
and depth; the community beneflts proposed improve the pedestrian experience along Old
Bayshore Highway and enhance shoreline resilience to and protection from sea-level rise and
therefore respect and preserve the character ofthe neighborhood in which the project is located.
That the proposed project will not be detrimental or injurious to property or improvements in the
vicinity and will not be detrimental to the public health. safety, general welfare or convenience
because the 3.0 FAR is not anticipated to have any significant adverse impact on the
environmental on surrounding properties sanitation, air quality, sewer or stormwater discharge,
or water supply, and all public safety requirements will be addressed. The proposed
development has been designed in compliance with all required setbacks and includes
landscape buffers and pedestrian amenities that complement the building design.
That the proposed height of the buildings and the additional development capacity, with a Tier 3
development at 2.35 FAR where 2.75 FAR is the maximum allowed is consistent with General
Plan goals and policies.
That the proposed vesting tentative map, together with the provisions for its design and
improvement, is consistent with the Burlingame General Plan and consistent with 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 with required development standards.
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
Agtil S. 2024, at which time it reviewed and considered the staff report and all other written materials and
testimony presented at said hearing:
NOW. THEREFORE, IT IS RESOLVED AND DETERMINED BY THIS PLANNING COMMISSION THAT
Section 1. Said Commercial Design Review, Special Permits, and Vesting Tentative Parcel
Map are approved sublect to the conditions set forth in Exhibit "A" attached hereto. Findings for such
Commercial Design Review, Special Permits, and Vesting Tentative Parcel Map are set forth in the staff
report, minutes, and recording of said meeting.
s resolution recorded in the official
records of the County of San Mateo
I lowrruTHAL Chair 1, ?f-r,{F
l,
-,
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 8th dav of April, 2024, by the following vote:
ecretary
Vestinq Tentative Parcel Map Findinos.
Section 2. lt is further directed that a certified copy
149II OLD BAYSHORE HWY-
RESO an24{!r.04-9l) EiTTITLEXENTS
AYES: COIARoTO,LOWENTHA
PFAFF, SCHIID, SHORES'TSE
}{oES: NOI{E
ABSENT: HORAN
RECUSED: iaoNE
2
EXHIBIT "A"
Conditions of Approval for Commercial Design Review, Special Permtts & Vesting Tentative Map
1499 Old Bayshore Highway / 825 Mahler Road
Effective April 1 8, 2024
Page 1
that the project shall be built as shown on the plans submitted to the Planning Division
date stamped March 20, 2024 sheets G.001,G 002, Cl 0 through C6.1, 1001 through
1801, A.001 through A.0'13, PA2 through PA16, and E-001 through E-004-3;
that at least 20 of the parking stalls on Level 1 in the Parking Structure shall be public
stalls dedicated for use from 7:00 am to 7:00 pm, seven days a week;
that the applicant shall contribute $100,000 towards improvements on the Old Bayshore
Highway frontage near the City of Burlingame Shorebird Sanctuary,
that prior to issuance of a building permit for construction of the project, the project
construction plans shall be modrfled to include a cover sheet listing all conditions of
approval adopted by the Planning Commission; which shall remain a part of all sets of
approved plans throughout the construction process. Compliance with all conditions of
approval is required; the conditions of approval shall not be modified or changed without
the approval of the Planning Commission, or City Council on appeal,
that any changes to the size or envelope of building, which would include changing or
adding exterior walls or parapet walls. or changes to building materials, exterior flnishes,
windows, architectural features, roof height, and amount or type of hardscape materials
shall be subject to Planning Division or Planning Commission review (FYl or amendment
to be determined by Planning staff);
that construction of the foundation systems for the building and parking garage shall not
include pile driving;
that the conditions of the Building Division's October 24, 2022 memo, the Fire Division's
March 29, 2023 memo, the Engineering Division's April 15, 2023 memo, the Parks
Division's April 13, 2023 memo. and the Stormwater Division's April7,2023 memo shall
be met,
that prior to issuance of a building permit for the project, the applicant shall pay in full the
commercial linkage fee (final fee amount to be calculated based on the fee schedule in
effect at the time the building permit is issued), made payable to the City of Burlingame
and submitted to the Planning Division; fees shall be payable to the City of Burlingame
and submitted to the Planning Division;
that prior to issuance of a building permit for the project, the applicant shall pay in full the
Public Facilities lmpact Fee (flnal fee amount to be calculated based on the fee schedule
in effect at the time the building permit is issued), made payable to the City of Burlingame
and submitted to the Planning Division; fees shall be payable to the City of Burlingame
and submitted to the Planning Division;
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that the project is conditionally approved by Public Works subject to the approval of the
parcel map and abandonment of easements both of which must be approved prior to
submittal of the building permit;
1
EXHIBIT'A"
Conditions of Approval for Commercial Design Review, Special Permits & Vesting Tentative Map
1499 Old Bayshore Highway / 825 Mahler Road
Effective April 1 8, 2024
Page 2
11 that the Project will be required to contribute their pro rata share of the remarning
streetscape elements within the project frontage to the median consistent with the Old
Bayshore Highway Streetscape lmprovement Plan;
that the project design measures outlined in the Water Supply Assessment, dated July
2023, prepared by EKI Environment & Water lnc., shall be included on the plans submitted
to the Building Division; including installing purple piping in the frontage of the project site
for future recycled water usage; implementing the Prescriptive Compliance Option of the
Model Water Efflcient Landscaping Ordinance (MWELO - see California Code of
Regulations Title 23, Chapter 2.7, Appendix D); installing 100% Watersense labeled
products, as available; and Under Leadership in Energy and Environmental Design
(LEED) certification, incorporate a minimum of four points under the Water Efficiency
credit category;
13 that the project shall include the Transportation Demand Management Measures as
proposed in the Transportation Demand Management Plan, prepared by Klt eson &
Associates, dated June 19, 2O23i
14 that a TDM annual report 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 submitled one (1) year after the granting of a certificate of occupancy for
75 percent or more of the project and annually after that;
15 that the TDM annual report shall provide information about the level of alternative mode-
uses and in the event a 20 percent reduction in trip generation compared to the standard
rate estimated by the lnstitute of Transportation Engineers (lTE) Trip Generation Manual
(1Oth 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 TDM program to attain the
TDM goal of 20 percent reduction in trip generation;
that the City may consider whether the employer/tenant has made a good faith effort to
meet the TDM goals and may allow the owner a six-month "grace period" to implement
additional TDM measures to achieve the 20 percent vehicle trip reduction;
that prior to the issuance of a certificate of occupancy, 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 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;
16
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12.
17.
EXHIBIT "A"
Conditjons of Approval for Commercial Design Review, Special Permits & Vesting Tentative Map
1499 Old Bayshore Highway / 825 Mahler Road
Effective April 18, 2024
Page 3
19 that prior to issuance of a building permit for vertical construction, the project sponsor shall
verify that the November 28, 2023, FAA Determination of No Hazard to Air Navigation for
the project is still current and has not expired (May 28, 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;
20 that the applicant shall provide evidence of project approval for all Bay Trail improvement
from the Bay Conservation and Development Commission (BCDC) prior to building permit
issuance;
21 that a Protected Tree Removal Permit shall be required from the City of Burlingame Parks
Division to remove any existing protected size trees on the subject property and that the
project shall comply with the Tree Protection and Reforestation Ordinance adopted by the
City of Burlingame and enforced by the Parks Department; complete landscape and
irrigation plans shall be submitted at the trme of building permit application for vertical
construction and the street trees will be protected during construction as required by the
City Arborist;
22 that the applicant shall install shoreline infrastructure to the full elevation specified in the
City of Burlingame Map of Future Conditions. However, in-lieu of installing shoreline
infrastructure to the full elevation specified in the City of Burlingame Map of Future
Conditions, the applicant may do both of the following:
(a) install shoreline infrastructure to an elevation equal to the FEMA Coastal BFE + 3.0
feet that is FEMA-certified (conforming to Title 44, Section 65.10 of the Code of
Federal Regulations); and
(b) dedicate a Public Use Easement to the City and/or the San Mateo County Flood and
Sea Level Rise Resiliency District (District) across the 100{oot shoreline band to
accommodate the full elevation of required shoreline infrastructure
improvements which easement expressly allows the City and/or District to install
such improvements within the Public Use Easement. Any Public Use Easement
must be reviewed and approved by the City and the District prior to certificate of
occupancy and to recordation, which approval shall not be unreasonably withheld.
23 that prior to issuance of a building permit for the superstructure, the applicant shall execute
an agreement with the City identifying the landowner's ongoing maintenance obligations
for the shoreline infrastructure approved as part of the development, per the plans
submitted to the Planning Division date stamped Matct120, 2024,
that if the City determines that the structure interferes with City communications in the
City, the property owner shall permit public safety communications equipment and a
wireless access point for City communications to be located on the structure in a location
to be agreed upon by the City and the property owner. The applicant shall provide an
electrical supply source for use by the equipment. The applacant shall permit authorized
representatives of the City to gain access to the equipment location for purposes of
24.
EXHIBIT "A"
Conditions of Approval for Commercial Design Review, Special Permits & Vesting Tentative Map
1499 Old Bayshore Highway / 825 Mahler Road
Effective April 1 8, 2024
Page 4
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 project shall comply with the Construction and Demolition Debris Recycling
Ordinance which requires affected demolition, new construction and alteration projects to
submit a Waste Reduction Plan and meet recycling requirements; any partial or full
demolition of a structure, interior or exterior, shall require a demolition permit;
26 that demolition or removal of the existing structures and any grading or earlh moving on
the site shall not occur until a site work permit has been issued and such sjte work shall
be required to comply with all the regulations of the Bay Area Air Quality Management
District,
tt 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 ls
kept on site;
28 that storage of construction materials and equipment on the street or in the public right-of-
way shall be prohibited,
29
30 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, timang and
duration of various phases of construction and construction operations hours; the staging
plan shall address publtc safety and shall ensure that worker's vehicles and construction
equipment shall not be parked in public parking areas with exceptions for construction
parking along the street frontages of the project site;
31 that the project applicant and its construction contractor(s) shall develop a construction
management plan for review and approval by the City of Burlingame. The plan must
include at least the following items and requirements to reduce. to the maximum extent
feasible, trafflc and parking congestion during construction:
A set of comprehensive traffic control measures, including scheduling of major
truck trips and deliveries to avoid peak traffic hours, detour signs if required, lane
closure procedures, signs, cones for drivers, and designated construction access
routes,
ldentification of haul routes for movement of construction vehicles that would
minrmize impacts on motor vehicular, bicycle and pedestrian trafilc, cjrculation and
a
4
25.
that construction access routes shall be limited in order to prevent the tracking of dirt onto
the public right-of-way, clean off-site paved areas and sidewalks using dry sweeping
methods,
b
EXHIBIT "A"
Conditions of Approval for Commercial Design Review, Special Permits & Vesting Tentative lvlap
1499 Old Bayshore Highway / 825 Mahler Road
Effective April 18, 2024
Page 5
safety, and specifically to minimize impacts to the greatest extent 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;
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 traffic or
parking. This coordinator would determine the cause of the complaint and, where
necessary, would implement reasonable measures to conect the problem.
JI that if construction is done during the wet season (October I 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 sedament 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,
JJ that trash enclosures and dumpster areas shall be covered and protected from roof and
surface drainage and that if water cannot be dlverted from these areas, a self-contained
drainage system shall be provided that discharges to an interceptor;
that this project shall comply with the state-mandated water conservation program, and a
complete lrrigation Water Management and Conservation Plan together with complete
landscape and irrigation plans shall be provided at the time of building permit application
for vertical construction;
35 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;
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37. that this project shall comply with Ordinance No. 1477, Exterior lllumination Ordinance.
38. that the pro.lect shall meet all the requirements of the California Building and Uniform Fire
Codes, as amended by the City of Burlingame;
The following conditions shall be met during the Building lnspection process prior to the
inspections noted in each condition:
39. that prior to scheduling the foundation inspection a licensed surveyor shall locate the
property corners, set the building envelope;
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40 that prior to the underfloor frame inspection the surveyor shall certify the first floor elevation
of the new structure,
that prior to scheduling the framing inspection, the project 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. Certiflcations shall be submitted to the
Building Division;
42 that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height
of the roof ridge and provide certiflcation of that height to the Building Division;
43. that prior to flnal inspection. Planning Division staff will inspect and note compliance of the
architectural details (trim materials, window type, etc.) to verify that the project has been
built according to the approved Planning and Building plans,
The following conditions of approval are mitigation measures from the Mitigated Negative
Declaration prepared for the project:
44 lmplementation of BAAQMD Basic Best Management Practices for Construction-
Related Fugitive Dust Emissions. The Project applicant shall require their contractors,
as a condition of contracts (e.9., standard specifications), to reduce construction-related
fugitive dust emissions by implementlng BAAQMD's basic best management practices,
including the following measures.. All exposed surfaces (e.9., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.o All haul trucks transporting soil, sand, or other loose material off-site shall be covered.. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day. The use of dry power sweeping
is prohibited
. AII 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 seeding
or soil binders are used.o All excavation, grading, and/or demolition activities shall be suspended when average
wind speeds exceed 20 mph.o All trucks and equipment, including their tires, shall be washed off prior to leaving the
srte.
. Unpaved roads providing access to sites located 100 feet or further from a paved road
shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or
gravel.
. Publicly visible signs shall be posted with the telephone number and name of the
person to contact at the lead agency regarding dust complaints. This person shall
respond and take corrective action within 48 hours. The Air District's General Air
6
EXHIBIT "A"
Conditions of Approval for Commercial Design Review, Special Permits & Vesting Tentative l\4ap
1499 Old Bayshore Highway / 825 Mahler Road
Effective April 18, 2024
Page 6
41.
Pollution Complaints number shall also be visible to ensure compliance with applicable
regulations.
The Project applicant shall submit evidence of comp ance to the City prior to grading permit
issuance,
45 Use Clean Diesel-Powered or Electric Equipment during Construction to Control
Construction-Related Emissions. The Project applicant shall ensure that all off-road
diesel-powered equipment greater than 50 horsepower used during construction shall be
equipped with EPA-approved Tier 4 Final engines or cleaner to reduce PM2.5 and PM10
exhaust emissions. The construction contractor shall submit evidence of the use of EPA-
approved Tier 4 Final engines or cleaner to the City prior to the commencement of Projecl
construction activities;
46 Lighting lmpact Reduction Measures. The following measures shall be implemented to
reduce spillover of lighting into, or glare/increased luminance perceived by animals using
Mills Creek, the Shorebird Sanctuary, and the Bay, as well as adverse effects of lighting
on migratory birds:o Through a combination of proper flxture selection, low mounting height, glare
shielding, and orientation/aiming of light finures, the design team shall actively control
undesirable spill light towards sensitive habitat areas. All exterior lighting shall be fully
shielded to block illumination from shining outlvard towards Mills Creek, the Shorebird
Sanctuary, and the Bay, and to prevent the lit portions of these fixtures (i.e., the lamps)
from being visible to flsh, birds, or mammals in the water or mudflats in these adjacent
areas. Limited uplighting may apply to select building facade areas and landscape
features that are at least 50 feet from the high tide line along the Bay and at least 35
feet from the high tide line along Mills Creek. These up light fixtures shatl incorporate
glare shields and strategtc alming to control undesirable spill light; shall incorporate
timeclock control to turn off uplighting from 1Opm until the next evening; and shall use
4o-Watt maximum lamps to minimize light output.. The Project shall demonstrate, initially via computer calculations and via fleld
measurements following Project construction, that the increase in illumination from all
exterior site and faqade lighting shall not exceed 0.1 footcandles as measured on the
surface of the water of Mills Creek, the Shorebird Sanctuary, and the Bay.. Except as indicated in the previous bullet (and the exceptions for public streets),
flxtures shall comply with lighting zone LZ-2, Moderate Ambient, as recommended by
the lnternational Dark-Sky Association (2011) lor light commercial business districts
and high-density or maxed-use residentjal districts. The allowed total initial luminalre
lumens for the project site is 2.5 lumens per square foot of hardscape, and the
backlight-up light-glare rating for individual fixtures shall not exceed 83 or G2, as
follows. 83: 2,500 lumens high (60-80 degrees), 5,000 lumens mid (30-60 degrees),
2,500 lumens low (0-30 degrees). G2: 225 lumens (fonrvard/back light 80-90
degrees), 5,000 lumens (forward 6G-80 degrees), 1,000 lumens (back light 6G-80
degrees asymmetrical fixtures), 5,000 lumens (back light 60-80 degrees quadrilateral
symmetrical fixtures).. Lighting for public streets, roadways, highways, and trafflc signage lighting, including
lighting for driveway entrances occurring in the public right-of-way, shall be excluded
EXHIBIT "A"
Conditions of Approval for Commercial Design Review, Special Permits & Vesting Tentative Map
1499 Old Bayshore Highway / 825 Mahler Road
Effective April 18, 2024
Page 7
7
EXHIBIT "A"
Conditions of Approval for Commercial Design Review, Special Permits & Vesting Tentative Map
1499 Old Bayshore Highway / 825 Mahler Road
Effective April 1 8, 2024
Page 8
from these backlight-up ljght-glare rating limitations to support public safety and proper
illumination of public streets.
Exterior lighting shall be minimized in accordance with recommendations from the
lnternational Dark-Sky Association (201 1) from midnight until dawn. at a mtnimum.
except as needed for safety and City code compliance.
Spillage of lighting from building interiors shall be minimized using occupancy sensors,
dimmers, or other mechanisms from midnight until dawn, at a minimum, during bird
migration seasons (February-May and August-Novem ber). lf desired, this measure
may be voluntarily implemented year-round.
47 Nesting Bird Avoidance.
A) Seasonal Avoidance. To the extent feasible, tree removal, demolition, and the start of
construction activities shall be scheduled to avoid the nesting season. lf such activities
take place outside the nesting season, all impacts on nesting birds protected under the
MBTA and California Fish and Game Code shall be avoided through adherence of B, C,
and D of this mitigation measure. The nesting season for most birds in San Mateo County
extends from February 1 through August 31 ;
B) Preconstruction/Pre-Disturbance Surveys. lf it is not possible to schedule
construction activities between September 1 and January 31, then preconstruction
surveys for nesting birds shall be conducted by a qualified biologist to ensure that no nests
of migratory birds will be disturbed during project implementation. These surveys shall be
conducted no more than 7 days prior to the initiation of tree removal, demolition, ground
disturbance, or construction activities for each construction phase. During this survey, the
biologist shall inspect all trees and other potential nesting habitats (e.g., trees, shrubs,
buildings, and the ground) in and immediately adjacent to the impact areas for migratory
bird nests.
C) Buffers. lf an active nest is found within areas that would be disturbed by project
activities, the ornithologist shall determine the extent of a construction-free buffer zone to
be established around the nest (typically 300 feet for raptors and '100 feet for other
species), to ensure that no nests of species protected by the MBTA and California Fish
and Game Code shall be disturbed during project implementation.
D) lnhibition of Nesting. lf construction actrvities will not be initiated until after the start
of the nesting season, all potential nesting substrates (e.9., bushes, trees, grasses, and
other vegetation) that are scheduled to be removed by the Project may be removed prior
to the start of the nesting season (e.9., priorto February 1). This will preclude the initiation
of nests in this vegetation and prevent the potential delay of the Project due to the
presence of active nests in these substrates;
48 Unanticipated Discovery Protocol: Should unknown precontact or historic-period
archaeological materials such as flaked and ground stone tools and debris, shell, bone,
ceramics, and fire-affected rock as well as historic-period artifacts such as glass, metal,
wood, brick, or structural remnants are encountered during Project construction activities;
the construction contractor shall halt construction within 50 feet of the find and immediately
notify the City. Construction activities shall be redirected and a qualified archaeologist, in
consultation with the City, shall: (1) evaluate the archaeologrcal deposit to determine if it
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50 construction Noise control Plan to Reduce Noise from project construction. To reducepotential noise effects resulting from Project construction, a Construction Noise Control plan
shall be developed to ensure feasible construction noise control measures are implemented
to reduce construction noise at nearby sensitive land uses. The Construction Noise ControlPlan, to be developed by the Project applicant, would include certain noise reduction
measures. such as the following:. Using smaller equipment with lower horsepower when working near noise-sensitive
land uses or reducing the hourly utilization rate of equipment used on the site.. Locating construction equipment and equipment staging areas as far as feasible
from noise-sensitive uses. Locating stationary construction equipment, such as generators or pumps, as far as
feasible from noise-sensitive land uses. Requiring that all construction equipment powered by gasorine 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 maintaiied to minimize
noise generation.
. Prohibiting gasoline or diesel engines from having unmuffled exhaust systems.. Not idling inactive construction equipment for prolonged periods (i.e., more than
5 minutes).. constructing a solid plywood barrier around the construction site and adjacent to
nearby noise-sensitive land uses.. Using temporary noise control blankets or barriers along the project construction
fence;
EXHIBIT "A"
Conditions of Approval for Commercial Design Review, Special Permits & Vesting Tentative Map
1499 Old Bayshore Highway / 825 Mahler Road
Effective April 18, 2024
Page 9
meets the CEQA definition of a historical or unique archaeological resource, and (2) make
recommendations about the treatment of the deposit, as warranted. lf the deposit does
meet the GEQA definition of a historical or unique archaeological resource then it shall be
avoided to the extent feasrble by project construction activities. lf avoidance is not feasible,
then adverse effects to the deposit shall be mitigated as specified in cEeA Guidelines
Section 15126.4(b) (for historic resources) or CEeA Section 21083.2 (for unique
archaeological resources). This mitigation may include a thorough recording of the
resource on DPR Form 523 records, or archaeological data recovery excavation. lf data
recovery excavation is warranted, CEQA Guidelines Section 15126.4(b)(3)(C), which
requires a data recovery plan prior to data recovery excavation, shall be followed. lf the
srgnificant identified resources are unique archaeological resources, mitigation of these
resources shall be subject to the limitations on mitigation measures for irchaeological
resources identified in CEQA Sections 21083.2(c) through 21083.2(f);
stop work in case of Discovery of pareontorogicar Resources. Discovery of a
paleontologrcal specimen during any phase of the project shall result in work stoppage in the
vicinity of the find until it can be evaluated by a professional paleontologist. should loss or
damage be detected, additional protectrve measures or further action (e.g , resource removal),
as determined by the professionat paleontologist, shall be implemented io mitigate the impact
prior to the continuation of work;
o
EXHIBIT "A"
Conditions of Approval for Commercial Design Review, Special Permits & Vesting Tentative l\ilap
1499 Old Bayshore Highway / 825 Mahler Road
Effective April 18, 2024
Page 10
51. Reduce Noise from Project Mechanical Equipment. To reduce potential noise effects
resulting from Project mechanical equipment, including heating. cooling, and ventilation
equipment as well as project emergency generators, an operational equrpment noise analysis
shall be prepared (once final makes, models and design features of associated equipment are
selected) to conflrm actual noise levels of projeclspecific equipment will comply with
applicable local noise standards. The analysis shall be conducted prior to the issuance of
building permits and shall be prepared by persons qualified in acoustical analysrs and/or
engineering and shall demonstrate with reasonable certainty that the mechanical equipment
selected for the project will not result in an exceedance of the applicable City noise standards
of 50 dBA Leq during nighttime hours and 60 dBA L"q during daytime hours.
Options to reduce noise from mechanical equipment include the following.. Enclosing equipment in mechanical equipment rooms.. Shielding equipment with mechanical screens, walls or barriers at least as tall as the
equipment.. Selecting quieter equipment and/or emergency generator models.. lncorporating weather enclosures and/or exhaust silencers or filters into emergency
generator design.
All recommendations from the acoustical analysis necessary to ensure that noise sources
meet the above standards shall be incorporated into the building design and operations:
52. Traffic Control Plan. Prior to issuance of grading and building permits, the applicant shall
submit a trafflc control plan to the City. The traffic control plan shall include the following
requirements: Truck drivers shall be notified of and required to use the most direct route
between the srte and U.S. '101, as determined by the City Engineering Department; all site
ingress and egress shall occur only at the main driveways to the Project site; specifically
designated travel routes for large vehicles shall be monitored and controlled by flaggers;
warning signs, indtcating frequent truck entry and exit points, shall be posted on adjacent
roadways, if requested; and any debris or mud on nearby streets caused by trucks shall be
monitored daily, which may require instituting a street cleaning program; and
6?Contribute to Water Conservation Programs under the City,s Development Offset
Program. Per the Development Offset Program, the Project sponsor shall contribute to
funding of water conservation programs to offset the Project's contribution to the City,s water
demand overage.
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