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HomeMy WebLinkAboutReso - PC - 2024-04.08 - 9D ENTITLEMENTRECORDING 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 ll!ili! illlr ll[illill[ilulililr[lilllillllllllilllllillil lil]!il 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; J 4 7 8 t) I 10 1 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 2 18 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; e 34 Jb 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; d 5 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 8 49 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. 10