HomeMy WebLinkAbout567 Airport Boulevard - Approval LetterDocuSign Envelope ID: 987F304A-CBOF-44B2-6092-9E376E287C00
CITY OF BURLINGAME
City Hall — 501 Primrose Road
Burlingame, California 94010-3997
BURLINGAME
r;� �
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
PH:(650)558-7250
FAX: (650) 696-3790
November 5, 2021
Nick Menchel
Principal
Lane Partners
644 Menlo Avenue 2nd Floor
Menlo Park, CA 94025
Re: 567 Airport Boulevard
Dear Mr. Menchel,
Since there was no appeal to or suspension by the City Council, the October 25, 2021, Planning
Commission approval of your application for Mitigated Negative Declaration, Commercial Design Review,
and Conditional Use Permit for floor area ratio and building height became effective November 4, 2021.
This application was for a new, eight-story office/research and development building and parking garage
at 567 Airport Boulevard, zoned AA.
The October 25, 2021, minutes of the Planning Commission state your application was approved with the
following conditions:
that the project shall be built as shown on the plans submitted to the Planning Division date
stamped September 30, 2021, sheets A1 through A11.1, C1.0 through C5.0, L1 through L5, and
LT-1 through LT-2B; and that the maximum elevation at the top of the building parapet shall not
exceed elevation 145.00 feet as shown on the plans;
2. that prior to issuance of a building permit for construction of the project, the project construction
plans shall be modified to include a cover sheet listing all conditions of approval adopted by the
Planning Commission, or City Council on appeal; which shall remain a part of all sets of approved
plans throughout the construction process. Compliance with all conditions of approval is required;
the conditions of approval shall not be modified or changed without the approval of the Planning
Commission, or City Council on appeal;
3. 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 finishes, windows,
architectural features, roof height or pitch, and amount or type of hardscape materials shall be
subject to Planning Division or Planning Commission review (FYI or amendment to be determined
by Planning staf�;
4. that the conditions of the Building Division's September 21 and May 19, 2020 memos, the Fire
Division's November 3, October 7, and June 20, 2020 memos, the Engineering Division's October
19 and May 19, 2020 memos, the Parks Division's October 7 and May 28, 2020 memos, and the
Stormwater Division's October 27, October 1 and May 27, 2020 memos shall be met;
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DocuSign Envelope ID: 987F304A-CBOF-4462-6092-9E376E287C00
November 5, 2021
567 Airport Boulevard
Page 2
5. that the applicant shall submit to the Department of Public Works, Engineering Division any
required applications for a tentative and final parcel map for processing in conformance with the
Subdivision Map Act;
6. that construction of the foundation systems for the building and parking garage shall not include
pile driving;
7. 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 applicant shall permit authorized representatives of the City to gain access to the
equipment location for purposes of installation, maintenance, adjustment, and repair upon
reasonable notice to the property 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;
8. that prior to issuance of a building permit for the project, the applicant shall pay the first half of the
Bayfront Development fee in the amount of $336,054.65, made payable to the City of Burlingame
and submitted to the Planning Division;
9. that prior to approval of final framing of the building, the applicant shall pay the second half of the
Bayfront Development fee in the amount of $336,054.65, made payable to the City of Burlingame
and submitted to the Planning Division;
10. that prior to issuance of a building permit for the project, the applicant shall pay the affordable
housing commercial linkage fee in the amount of $4,833,580 (with prevailing wages) or
$6,041,975 (without prevailing wages), made payable to the City of Burlingame and submitted to
the Planning Division;
11. that prior to issuance of a building permit for the project, the applicant shall pay the Public Impact
Fees in the amount of $562,145.35, made payable to the City of Burlingame and submitted to the
Planning Division;
12. that the project shall include the Project Transportation Demand Management (TDM) Measures
as proposed in the TDM Plan, prepared by Krupka Consulting, dated November 6, 2020;
13. that a TDM annual report shall be prepared by a qualified, independent consultant and paid for by
the owner and submitted to the City of Burlingame annually; with the initial, or baseline, commute
survey report to be conducted and submitted one (1) year after the granting of a certificate of
occupancy for 75 percent or more of the project and annually after that;
14. that the TDM annual report shall provide information about the level of alternative mode-uses and
in the event a 20 percent mode shift (i.e., proportion of occupants that use something other than a
car to/from the subject property) towards alternative transportation is not met, the report shall
explain how and why the goal has not been reached; in such a circumstance the annual report
shall identify a 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 mode shift;
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November 5, 2021
567 Airport Boulevard
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15. 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 mobility mode shift;
16. 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 requirements that discloses the
required Transportation Demand Management (TDM) provisions and any conditions of approval
related herein to compliance and reporting for the TDM;
17. prior to issuance of a building permit for vertical construction, the project sponsor shall verify that
the January 8, 2021, FAA determination of no hazard to air navigation for the project is still current
and has not expired (July 8, 2022) 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;
18. 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 time of building permit application for vertical construction and the street trees
will be protected during construction as required by the City Arborist;
19. 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 requurements; any partial or full demolition of a structure,
interior or exterior, shall require a demolition permit;
20. that demolition or removal of the existing structures and any grading or earth moving on the site
shall not occur until a sitework permit has been issued and such site work shall be required to
comply with all the regulations of the Bay Area Air Quality Management District;
21. that during construction, the applicant shall provide fencing (with a fabric screen or mesh) around
the project site to ensure that all constructic�n equipment, materials and debris is kept on site;
22. that storage of construction materials and equipment on the street or in the public right-of-way
shall be prohibited;
23. 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;
24. that the applicant shall prepare a construction staging and traffic control plan for the duration of
construction for review and acceptance by the City Engineer prior to the issuance of a building
permit for vertical construction; the construction staging plan shall include construction equipment
parking, construction employee parking, timing and duration of various phases of construction and
construction operations hours; the staging plan shall address public safety and shall ensure that
worker's vehicles and construction equipment shall not be parked in public parking areas with
exceptions for construction parking along the street frontages of the project site;
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567 Airport Boulevard
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25. that the project applicant and its construction contractor(s) shall develop a construction
management plan for review and approval by the City of Burlingame. The plan must include at
least the following items and requirements to reduce, to the maximum extent feasible, traffic and
parking congestion during construction:
a. 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;
b. Identification of haul routes for movement of construction vehicles that would minimize
impacts on motor vehicular, bicycle and pedestrian traffic, circulation and safety, and
specifically to minimize impacts to the greatest extent possible on streets in the project
area;
c. Notification procedures for adjacent property owners and public safety personnel
regarding when major deliveries, detours, and lane closures would occur;
d. 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
e. 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.
26. that if construction is done during the wet season (October 1 through April 30), that prior to
construction during the wet season the developer shall implement a winterization program to
minimize the potential for erosion and polluted runoff by inspecting, maintaining and cleaning all
soil erosion and sediment control prior to, during, and immediately after each storm even;
stabilizing disturbed soils throughout temporary or permanent seeding, mulching matting, or
tarping; rocking unpaved vehicle access to limit dispersion of mud onto public right-of-way;
covering/tarping stored construction materials, fuels and other chemicals;
27. that trash enclosures and dumpster areas shall be covered and protected from roof and surface
drainage and that if water cannot be diverted from these areas, a self-contained drainage system
shall be provided that discharges to an interceptor;
28. that this project shall comply with the state-mandated water conservation program, and a
complete Irrigation 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;
29. 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;
30. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water
Management and Discharge Control Ordinance;
31. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance;
32. that the project shall meet all the requirements of the California Building and Uniform Fire Codes,
as amended by the City of Burlingame;
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DocuSign Envelope ID: 987F304A-CBOF-44B2-B092-9E376E287C00
November 5, 2021
567 Airport Boulevard
Page 5
The following five (5) conditions shall be met during the Building Inspection process prior to the
inspections noted in each condition:
33. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property
corners, and set the building envelope;
34. that prior to the underfloor frame inspection the surveyor shall certify the first floor elevation of the
new structure;
35. 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. Certifications shall be submitted to the Building Division;
36. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the
roof parapet and provide certification of that height to the Building Division;
37. that prior to final inspection, Planning Division staff will inspect and note compliance of the
architectural details (trim materials, window type, etc.) to verify that the project has been built
according to the approved Planning and Building plans;
Mitigation Measures from Initial Study
Air Quality
38. The Project Sponsor shall ensure that all off-road diesel-powered equipment greater than
50 horsepower used during construction is equipped with engines that meet EPA Tier 4 Final
emission standards.
Biological Resources
39. The Project Sponsor shall protect nesting birds and their nests during construction through
implementation of the following measures:
a. Construction shall avoid the avian nesting period (February 1 through August 31) to the
extent feasible.
b. If construction occurs during the bird nesting season, a qualified wildlife biologist* shall
conduct a nesting bird preconstruction survey within 7 days prior to the start of
construction at areas that have not been previously disturbed by Project activities or after
any construction breaks of 10 days or more. The survey shall be performed within a
radius of 100 feet and 500 feet of the construction area to locate any active nests of
passerine and raptor (including peregrine falcon) species, respectively, and shall be in
those areas that constitute suitable habitat for the species.
c. If active nests are located during the preconstruction nesting bird survey, a qualified
biologist shall determine if the schedule of construction activities could affect active nests;
if so, the following measures shall apply:
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567 Airport Boulevard
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If the qualified biologist determines that construction is not likely to affect an active
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 shall be determined on a nest-by-nest basis, considering the
particular construction activity, duration, proximity to the nest, and physical barriers
that may screen activity from the nest.
ii. If it is determined that construction may cause a direct impact or abandonment of an
active nest, the qualified biologist shall establish a no-disturbance buffer around the
nest(s), and all Project work shall halt within the buffer to avoid disturbance or
destruction until a qualified biologist determines that the nest is no longer active.
Typically, buffer distances are a minimum of 50 feet for passerines, 250 feet for
raptors, and 500 feet for peregrine falcons; however, the buffers may be decreased if
an obstruction, such as a building, is within the line of sight between the nest and
construction.
iii. Modifying nest buffer distances, allowing certain construction activities within the
buffer, and/or modifying construction methods in proximity to active nests shall be
approved by the qualified biologist and in compliance with the California Fish and
Game Code and other applicable laws.
iv. Any work that must occur within established no-disturbance buffers around active
nests shall be monitored by a qualified biologist. If adverse effects in response to
Project work within the buffer are observed and could compromise the nest, work
within the no-disturbance buffer(s) shall halt until the nest occupants have fledged.
Any birds that begin nesting within the Project site and survey buffers amid
construction activities are assumed to be habituated to construction-related or similar
noise and disturbance levels. Work may proceed around these active nests, subject
to the measure above that begins with "Modifying nest buffer distances..."
40. The Project Sponsor shall protect bats during construction by implementation of the following
measures:
a. A qualified wildlife biologist (i.e., experienced with roosting habitats in trees and the life
histories of local bats) shall examine trees for suitable bat roosting habitat (e.g., large tree
cavities, basal hollows, loose or peeling bark, large snags, palm trees with intact thatch)
prior to removal or trimming. Trees that provide suitable or potentially suitable bat habitat
shall be flagged and identified as habitat. Because of the limited timeframe for tree
removal (September 15 to October 31), the tree habitat assessment should be conducted
early to provide information for tree removal planning. Riparian woodlands, orchards, and
stands of mature broadleaf trees are considered potential habitat for solitary foliage-
roosting bat species. Because signs of bat use are not easily found, and because trees
cannot be completely surveyed for bat roosts, the protective measures listed below shall
be implemented for trees that contain potential roosting habitat.
b. Removal or disturbance of trees that provide bat roosting habitat shall be avoided between
April 1 and September 15 (the maternity period) to avoid effects on pregnant females and
active maternity roosts (whether colonial or solitary).
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567 Airport Boulevard
Page 7
c. Removal of trees providing bat roosting habitat shall be conducted between September 15
and October 31, which corresponds to the time period when bats have not yet entered
torpor or begun caring for nonvolant young.
d. If a maternity roost is found, whether solitary or colonial, that roost shall remain
undisturbed until September 15 or until a qualified biologist has determined that the roost
is no longer active. The qualified biologist shall determine the extent of suitable no-work
buffers around roost and/or hibernaculum sites. Buffer distances may vary, depending on
the species and activities being conducted.
Removal of trees (September 15 to October 31) that provide suitable roosting habitat
shall be monitored by qualified biologists. Trees that provide suitable habitat for bats
shall be trimmed and/or removed in a two-phase removal process conducted over
two consecutive days. In the afternoon on the first day, limbs and branches shall be
removed by a tree cutter, using chainsaws only. Limbs with cavities, crevices, or
deep bark fissures shall be avoided, and only branches or limbs without those
features shall be removed. On the second day, the entire tree shall be removed.
Biologists shall search downed vegetation for dead and injured bats. The presence
of dead or injured bats that are species of special concern shall be reported to
CDFW. The biologist shall prepare a biological monitoring report, which shall be
provided to the Project lead, sponsor, and CDFW.
The loss of occupied roosting habitat shall be mitigated by constructing and/or
installing suitable replacement habitat on the Project site. Suitable replacement
habitat could include a bat house mounted on a pole or on the side of a building or
structure at least 10 feet off the ground to protect it from predators. Bat houses
are usually made of wood or a combination of wood and other materials (e.g.,
metal and plastic) and vary in size. Bat Conservation International recommends
that bat houses be at least 24 inches high and 16 inches wide. Existing and new
buildings as well as landscaped areas on the Project site afford ample
opportunities for placement of a bat house.
Placement and installation methods for replacement habitat shall be designed so
as not to affect riparian habitats or other sensitive natural communities or state or
federally protected wetlands. In addition, the installation of replacement habitat
shall avoid the avian nesting period (February 1 through August 31) to the extent
feasible. If not, Mitigation Measure BIO-1 shall be implemented prior to
installation. A roosting habitat design and monitoring plan shall be developed in
coordination with CDFW. The roosting habitat shall be monitored to ensure it
functions as intended.
41. The applicant, or contractor, shall implement the following measures to minimize hazards for birds:
a. Reduce large areas of transparent or reflective glass;
b. Locate water features, trees, and bird habitat away from building exteriors to reduce
reflection;
c. Reduce or eliminate the visibility of landscaped areas behind glass;
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November 5, 2021
567 Airport Boulevard
Page 8
d. Turn non-emergency lighting off at night, especially during bird migration season
(February—May and August—November);
e. Include window coverings that adequately block light transmission from rooms where
interior lighting is used at night and install motion sensors or controls to extinguish lights in
unoccupied spaces; and
Design and/or install light fixtures that minimize light pollution, including light trespass, over-
illumination, glare, light clutter, and skyglow, and use bird-friendly colors for lighting when
possible. The City of San Francisco's Standards for Bird-safe Buildings provides an
overview of building design and lighting guidelines to minimize bird/building collisions that
could be used to guide the applicant.
Cultural Resources
42. The applicant shall retain a professional archaeologist to provide a preconstruction briefing to
supervisory personnel of any excavation contractor and alert them to the possibility of exposing
significant prehistoric archaeological resources within the Project site. During the briefing, the
archaeologist shall discuss archaeological objects that could be exposed, the need to stop
excavation at the site of the discovery, and the procedures to follow regarding protection of the
discovery and notification of the Project Sponsor and archaeological team. An "Alert Sheet" shall
be posted in conspicuous locations at the Project site to alert personnel to the procedures and
protocols to follow regarding the discovery of potentially significant prehistoric archaeological
resources.
In the event that archaeological resources are encountered during construction, work shall halt
within at least 100 feet of the discovery and the area avoided until a qualified professional
archaeologist has evaluated the situation and provided appropriate recommendations. If the find
is determined to be potentially significant, the archaeologist, in consultation with the Native
American representative, shall develop a treatment plan, which could include site avoidance,
capping, or data recovery.
43. If human remains are unearthed during construction, pursuant to Section 50977.98 of the Public
Resources Code and Section 7050.5 of the State Health and Safety Code, there shall be no
further excavation or disturbance of the site or any nearby area reasonably suspected to overlie
adjacent human remains. The county coroner shall be informed to evaluate the nature of the
remains. If the remains are determined to be of Native American origin, the Lead Agency shall
work with the NAHC and the Project Sponsor to develop an agreement for treating or disposing of
the human remains.
Geology/Soils
44. In areas containing Middle to Late Pleistocene—era sediments where it is unknown if
paleontological resources exist, prior to grading, an assessment shall be made by a qualified
paleontological professional to establish the need for paleontological monitoring. Should
paleontological monitoring be required after recommendation by the professional paleontologist
and approval by the Community Development Director, paleontological monitoring shall be
implemented.
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November 5, 2021
567 Airport Boulevard
Page 9
Noise
45. Best practices to minimize construction noise include the following:
a. Limiting heavy equipment use to daytime hours not regulated by the City (i.e., between
8:00 a.m. and 7:00 p.m. Monday to Friday and 9:00 a.m. to 6:00 p.m. on Saturday);
b. Locating stationary equipment (e.g., generators, pumps, cement mixers, idling trucks)
as far as practical from noise-sensitive land uses;
Requiring that all construction equipment powered by gasoline or diesel engines have
sound-control devices such as exhaust mufflers that are at least as effective as those
originally provided by the manufacturer and that all equipment be operated and
maintained to minimize noise generation;
d. Using equipment powered by electric motors instead of gasoline or diesel-powered
engines;
e. Preventing excessive noise by shutting down idle vehicles or equipment;
Using noise-reducing enclosures around noise-generating equipment;
g. Constructing barriers between noise sources and noise-sensitive land uses or taking
advantage of existing barrier features (e.g., buildings) to block sound transmission to
noise-sensitive land uses (the barriers should be designed to obstruct the line-of-sight
between the noise-sensitive land use and onsite construction equipment); and
Notifying adjacent residents in advance of construction work.
46. As required, the applicant shall provide acoustical treatments for building mechanical equipment,
such as the HVAC system and emergency generator, to ensure that noise levels do not exceed
the City daytime noise level limit of 60 dBA Leq or the nighttime noise limit of 50 dBA Leq at the
property line. Required performance standards for acoustical treatments can be specified by a
qualified acoustical consultant. Treatments include, but are not limited to:
a. Constructing enclosures around noise-generating mechanical equipment,
Using mufflers or silencers on equipment exhaust fans, and
c. Limiting the testing of emergency generators to daytime hours (7:00 a.m. to 10:00 p.m.).
All site improvements and construction work will require separate application to the Building Department.
This approval is valid for one year during which time a building permit must be issued. An
extension of up to one year may be considered by the Planning Commission if application is made before
the end of the first year.
The decision of the Council is a final administrative decision pursuant to Code of Civil Procedure Section
1094.6. If you wish to challenge the decision in a court of competent jurisdiction, you must do so within
90 days of the date of the decision unless a shorter time is required pursuant to state or federal law.
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DocuSign Envelope ID: 987F304A-CBOF-44B2-B092-9E376E287C00
November 5, 2021
567 Airport Boulevard
Page 10
Sincerely,
��, ���
Kevin Gardiner, AICP
Community Development Director
c. Kenny Hung, DES Architects
Chief Deputy Valuation, Assessor's Office
(PARCEL H 1.94 AC MOL PARCEL MAP VOL 52/70 PRC 6127.1, parcel 15; APN: 026-363-470)
(10.953 AC MOL PTN OF PARCEL G PM VOL 52/70 & PTN OF PARCEL APM VOL 34/1-2; APN:
026-363-590)
File
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RECORDING REQUESTED BY
PENINSULA OWNER LLC
c/o 13arings LLC
300 South Tryon Street, Suite 2500
Charl�t�e, NC 28202
WHEN RECORDED MAIL TO:
RRUBEN� JUNIUS & ROSE� LLP
One Iiush Street, Suite 60U
San t�rancisco, C1� 94104
Attn: 11974.01.MD V. CAE
APN: 026-3G3-590 and 026-3G3-470
Property Address: 555-577 Airport Boulevard
Burlingame, CA 94010
2024-043598
�5�,
9:09 am 08/20/2024 DR Fee: 5191.00
Count of Pages 9
Recorded in Official Records
County of San Mateo
Mark Church
Assessor-County Clerk-Recorder
IIII I IIIII III II II I IIIII I I I I I IIII I II I IIII II I I I IIII
*$ R 0 0 0 3 4 9 2 5 4 8$*
(Space abovc linc For Reeordci s unc c�nly)
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
[Transportation Demand Maiiagement Plan]
This DECLARATION OF COVF.NANTS, CONllI'TIONS AND RESTRICTIONS
("Declaration"), effective as of the date of recording ("Effective Date"� lil the Of£icial Records of
San Mateo County ("Of�cial Records") is made by Peninsula Owner I,I.C, a Delaware li�nited liability
company ("Declarant"), at Che directiun of and for the benefit of tl�e City of Burlingame ("City"):
A. Declarant is the record owner of that certain real property commonly lcnown as 555-
577 Airport Boulevard, in Burlingame, California, also ]cnown as San Mateo County rlssessor's Parcel
No. 026-363-590 and 026-363-470 ("Property'�, and more fully described in Exhibit A, appended
hereto and incorporated herein by this reference.
B. The Property wati imrroved with two office buildings at 555 1lirport Boulevard and
577 r�irport Boulevard and associated parking areas ar�d improvements (the "Exieting
Improvements'�.
C. Declarant applied for approval of a new, eight-story office/research and development
builciing and parking garage at 567 Airport Boulevard (the "Project").
D. The Pioject was approved by the Planning Commission for the City on Octobcr 25,
2021, subject to certain conditions, including the requirement that p17or to the issuance of a certificate
of occupancy, a covenan[ agreement be recorded widi the San ivlateo County Assessor and Recorder's
Offce to provide constructive notice to all future owners of the Project of any ongoing programmatic
requirements that discloses the required Transportation Demand Management ("TDM") provisions
and any conditions of approval relaled herein to compliance and reporting for the TDM.
E.
Page 1
34364\1G9539592
This Declaration is heing recorded t:o comj�ly with such requitement.
Declaration of Covenants, Conditions and Restrictions
NOW TH�R�I'(�R�, Declaraiit hereby covenants and agrees as follows:
1. California Civil Code Sectioti 14G8. The ce�venants, reslricCi�ris, rights, dutics,
Uenefits and burdens set forth herein are covenants running with the land under California Civil Code
section 1468 and ec�uitable seivitudes that benefil- and burden the Project, its owner, and each
successive owner, lessee, or occupant of the Project, and each of their respective agents, assigns, and
representatives, effective on the date this Declararion is recorded in the C�Eficial Records. `l'he tertn
"Owner" as used herein shall mean the o�vner oE fee title to the Project at the applicable ume.
2. Programmatic TDM Measures. Given that the I'roject tnay Ue occupied by cme or
more teriants ancl iz�c�sr candidate Cenanrs are familiar wit11 and routinely incorporate TI�IVf in �ractice,
Owner will require tenants of the Project Uy lease agreement to actively incorporate and participate in
TDM measures most suitaUle to thein to achieve the TDIVI purpose,
3. TDM Rec�uirements. Owner shall o�rersee the TDM program and require tenants of
the Project Co iinplemenl and consisCently carry out and monitoL the following'1'DM measures:
a. 'I'DNI CoordinaCor. A Project "I'DM coordinator shall be responsible for
impleinenting, maintaining and monitoring the TDM plan. The TDIVI coordinator sha11 participate in
TDM Craining sponsort:d l�y C;ommul:e.c>rg cluring I:he ftr.st year �f tenant occupancy(ies�.
b. i;n���lo�ee Si.irve�. r1 c<�nficiential swve.y c�f trar�sportatiot� charact:eristics of
employees shall be conducted with findings submitted to the Ciry upon full occupancy of the Project
and periodically thereafter. The suivey shall include residence location, mode of travel to worlc,
duration oF commute, L1SU11 work schedule and interest in commute alternatives. The proposed
questions to be included in the survey are summarizcd in Exhibit S, appendcd hereto and
ir►corporar.ed herein by Chis reference.
c. Coinmut:e ��lternative Inforinatioii. A summaiy pamphlet shall be prepared
t:}iac clescribes c<�mmuce alteri�atives (co dr.iving alone) and tiummari�es the Ti�M plan. This pamphlet
shall be made available to all employees at tl�e Project and updated at least annually.
d. Commute AlCernative Plan. The Project shall implement TDM measures to
meet the City's TDM policy and goal, which is: at least 20% of all employees regularly commute to
worlc using modes other than single occupant vehicles or use an alternative work hour schedule. "1'he
'1'DiVI I'lan shall comply �vith thc C/CAG Land Usc Guidclines that stipulatc the "1'llM P11n havc rhe
capacity to fully reduce the estimated demai�d for new peak hour trips genexated by the Project.
e. Shutde Seivice. Dcdicated peak period shuede service be��veen I:he Pr�jecr. and
Br'�RT/Caltrain ChaC secves at leasl CO round trip riders during tlze peak hour. This would be provided
through direct contract or shared arrangement with a shuttle seivice sponsored by another
development or entiry.
£ Subsidized Transit Passes. Subsidized transit passes for at least 25% of
employees at the Project with value of at least �20 per month per pass, or equivalent commuter benefit
allowance or subsidy. This would be an cmployee bcncfit Eor thc duration of cmployment and subject
to change and customization to meet particular tenant conditions.
Page 2 llcclaiadon of Covenants, Conditions and Rcstrictions
34364\ 1 G 953959.2
4. Other TDM Measures. Other TD1�I measures that tenants oF the 1'roject may
incorporate include, but are not litnited to, the following:
1. l�lternative woYlc schedules or telecommuting;
b. Guai-anteed emergency ride home, which gives eligible employees free rides
home in case of personal emergencies of unexpected late work days that cause them to miss a
customary transit ride or carpool seat; and
c. Coordination and incentives to enhance alternative mode usage, including the
following functions:
Introduce employees to the TDM Plan;
spaces;
ii. Help use 511 Rideshare and 511 Transit Trip Planning;
ui. Help tnatch "�ike buddies" and "walli bucidies";
iv. Coorclinate and tnanage Uicycle parking and preferential parlcing
v. Help assess and establish alternative work schedules and
telecommuting; and
vi. Catalog and update available transportation services, bicycle routes,
bil�e share facilities, transit schedules and shutde services; provide alerts regarding changes and new
opportunities.
5. Monitoring and Re�orting. The following monitoring and reporting plan shall be
implemented by the Owner. co help Owner and the City assess the effectiveness of l-he TDM plan
against its stated goal.
a. Em�loy�e Surve�. Each year the Project is occupied and prior to submitting
the TDM annual report described below, Uwner shall cause tenants of the Project to survey existing
employees to estimate the proportion of employees commuting in single occupant vehicles and assess
employees' work and travel chatacCeristics, overall perceptions of tra.vel alternatives, and concerns
about the TDM plan. The proposed questions to be included in the survey a.re summarized in
Exhibit B, appended heieto and incorporated herein by this reEerence.
b. Annual Project TDM Progr�un Re�ort. Each year prior to March 30, a TDM
annual report shall be prepared by a qualified, independent consultant and paid for by the Owner and
suUmitted to the City 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 inore of
t11e I'roject and annually after that.
i. The report shall summarize the results of the employee surveys of the
tenants of the Project and TDM plan activities.
Page 3 Declaration of Covenants, Conditi�ns and Restrictions
:i43CrF\16953959.2
ii. Thc rcl��rr �hall a1s<� inclucle descrip�ic�ns oF any tiew ��r m�di�ed
progratris co 1�e ii�cr�clucec� in [he nesl yraf�, c�r any ��r��;rat�zs thal wc>iild Ue cli�tt�;eci as a resulL c�f user
commencs. Owner shall mee� wich Ciry staff to review comments on the report and discuss reasonable
chaii�es or other actions req�.iired to address the comments. Such chan�es or actions, and their
implcincnt�tion status, �vould bc rcporccd in thc subscqucnt rcport.
iii. '1'hc rcport shall providc information about thc lctrcl of altcrnauvc
mode-uses auci in ehc cvcut. a 20 1�crccnl i�ic�dc ehiFt (zr., l�rc>porcic�n oE<�ccupanl.s Chal usc sc�tnct.hing
c�lher i:hari a car tc�/frc>m Che Pi-ojecc) �owarcls alternalive tr�us��c�ecatic�n is nc�l: n�et, Ihe rei�c�ri tihall
ex�lain hc��v and �vhy che �;c�al has noe l�ec�n reacliecl; in sucll a circumstance the annual report shall
identify :� �vorlc plan, to be approved by the City, which describes additional or allernative measures
tor implcmentacion that would bc ncccssary to cnhancc thc "1'D VI program to attain thc '1'llM goal of
20 pciccnt modc shitt.
iv. `I�lie City ma�� consider whethcr an cmploycr/icn;tnt has ma�le a gc�od
failh eff<>r(. lc� inect llie T1:�1�1 ��als and rnay allc��v Uwner a si�-rn<�i�l:h "g�:�ce pericxl" to t»iplemenl
aciclitic�r.al Ti71��[ rneasiires t:o acllie.ve tlie 2� �ercenl: mr�bility tnc���e sliift.
G. ModtCca[ions. C�wner t-eserves che �•i�rhl I.c> revise il:ti TI7tii plan as necessary to
achieve TI�ivt plan g�al in the mose cost effcctive manner, and understands that such revisions are
subject to review and �tpproval of the Communiry llevelopment Director of the City. O���ner also
understands thc (:oinmunity L�cvcloptncnt llirector of thc C;ity reservcs thc right to rcqucst
t1��odiEcatiotis tc� thc "1DM j�Lari.
7. �nforcetnent. "1'hc C:tt.y rescr-ves rllc right �o asscss a r�asonable anr�ual �>ena.11y Ec>r
i�c>n-corn��liance �vieh Che recluirernenl.s oFthis I7eclaralic�n.
8. Mortga��ee Protectiori. Nc�t}iing lierc.in shall l�e inter1neCed Ic� rencler invalic3 any
�lee:cl c�f tr.ust c�r mort�a�;e. cm llie Prc���erty. N<> benr.�ciary t.1riC�C]' S7fly sucl� cleed of teust, purchaser at
a foreclosui•e sale or sucli deed of trust or grantee of a deed in lieu of ioreclosure shall be obli�ated to
cure any default of his/her/its prcdccessor-in intcrest unlcss such obli�ation is expressl� assumed in
writing;, providcd that such purchascr or grantcc upon rccciving tidc to the Yroperty- tlkcs titic st.ibjcct
to thi� l�ecla.racic�n a�ul asstuiies tlie e>l:�lig�lic>>is �f his/l�er/its pi•edecessor-in-in�eresl accrui�i� frc�m
and altex tl�e dal:e hc/she/iC receivec� I.itle.
9. (Governing Law; Venue. This T�eclaraticxi shall be iiii:erJ�retec�, enfc�rcecl ancl
gove:rnc �l l��- and under tlie laws of the Sr.at.e of California wi[hout re�rard to its principles of con(licts
of law. It shall be deerned to have been entered into, and to be performed, in the Counry of San Vlateo,
C:ali Eornia.
;SIC�I�ATUlZF FC�LLO�`USj
Pagc �E llcclaration of Covcnants, Conditions and ltcstrictions
343G4\1695i9592
IN WITNLSS WHF:RF,OI��, this Dcclaration is exccuted as of the �ffective Date.
DECLARANT
PENINSULA OWNER LLC,
a Delawar.e lirn' ed liability company
By:
justin Herman
Director
Page 5 Declaration of Covenants, Conditions and Restrictions
34364\]G953959.2
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGEMENT
A notary public or other officer completing this certificlte vecifies only the identity of the
individual wl�o signed the document to which this certificate is attached, and not the
h•uthfiilness, accuracy, or validity of that document.
STATE Or CALIFORNIA )
COUNTY OF Q3 � )
On '� � 7�Z�/ 2024, before me, /'L-�' �7���/�`� , Notaiy
Yublic, pei �onally appeared �L,/ r�t-2/fY7G�t , who proved to me on the basis
of saeisfactory evidence co Ue d�e person� whose name� is/ar�ubscribed to the within instiument
and acl�nowled ed o m th t h s�/tl�y executed the same ii is r/t�r authorized capa�c�i ies),
and that 1���� eir signatur�) on the instrument the perso�, or the entity upon liehalf of
which the perso� acted, executed the instrument.
I cextify under PLNALT'Y OI' PERJURY under the laws of the St1te of California that che foregoing
paragiaph is true and correct.
WITNF,SS my hand and official scal.
Signatu of Notary Public
�1Vot�try Seal)
< •�•..'ti C_RY�5T1A,LPITtHER
� ; Notary Public • California
� �Y • � Los Angeles County �
Commissfon H 2341286 '
"""�� My Comm. Expires Jan 12, 2p25
I?XI-IiTiiT A
LEGAL DL;SCRIP'1'ION
The Land referred tc> herein is situ,iteci ii� lhe Sl:a�e c�f Calif�i-nia, Cc>ur�Cy c>ESan Maeeu, City of
I3urliil�ame, ancl clescribecl �s foli�ws:
PARCEL ONE:
Patccl "G", as shown on tha� ccrtain L�Iap cntiticd, "1'1�RCL,L NIt1P 13L[NCU �7 RCSU13DIl7iSiON
nr I,nTS 14, 15 & 1G, i�LC�(;IL 7"1�NLA AIRPC�RT PARK L�NTT NO. 7" (98 M1�PS, 90-93);
P,-�RC1;T_, "B" (2g P�1R. M,�PS, 39); 8c PARCRT, "F," (41 PAR, MAPS. 13), BL'RLINGAI��IE, SAN
IvIr�TI;O COL'NT�c', CALII'OR:.'�IIr�", filed in the office of the Recorder of the Counry of San
Mateo, Stale of California on June 1C, 1982 in Book 52 of Yarccl �Viaps ac Pagc 70.
LXCr�PTING TIII?RI;F�RC�M, �.he fi�Il�wing� de,cril��ed pro��crty:
BEGII�'I�NG at an an�le point aloii� the Northerly line oE said Parcel U, said point also bein� the
most Southwesterly corner of Parcel A as said Paicel is shown on that certain map entirled
"PARCLI �1r1P" filed for record on November 8, 1 J75 in Volumc 34 of Parcel Maps al Yagcs 1
and 2 in the otFce of the ltecorder of San Vlateo County, State oE (:alifornia; thence along the said
Nc>rfherly li��e <�f saicl Parcel G, Ncntli 4C" 00' 00" `�es�. a disCance oE 82.50 Eeet t<� I:he TRjJF;
POiNT' OF' T3F,GIN:�tING; �hr.nce leavin� saicl line Sc�uch 44° 00' 00" West, a distance of 56.00 feet
to the most Easterly corner of Parcel r1 as said Parcel is shown on that certain IViap entitied
"PARCEL MAP" filed for record on July 24, 1975 in Volume 28 of Parcel i�laps at Yage 39 in the
oFtice of thc Kccordcr of San 1�latev County, 5tate ot Galiforni�; thcncc along tize Norcheasterly line
of said 1'arce111, said line being the Northerly line oE 1'nrcel C;, Nortli 46" 00' 00" ��est, a distance o�
1f�2.50 Eee.i �c� cl�e beginning oF a tatigetlt curve Cc� t�1e lefl; [hence along s;tid lir�e being said curve
liavin�; a radius c�f 20.00 feet; throu�;h a central an�le of 90° 00' 00", an arc length of 31.42 feet to the
poiiZt of cusp; thence lea��in� said Pa�-ce1 :� line and contii:uing alon� said I�Tortherly line of Parcel G
North 44� 00' 00" F,ast, a dis�ance of 76.00 feet to the beginning of a tangent cuive to thc right;
thence continuing along said line bcing said cuivc having a radius of 556.50 feet, through a ccntral
an�,rle c�E 2° 0£i' 11 ", an arc len�th uf 20.75 feel. r�� a 1�c�int ��f cus�� anci die Sc�uthweste.rl�� litic. of said
Parcel A as �ai�� Parcel is shown on said Map V<�luine 34 of Parcel Ma�s at Pages 1 a.nc� 2.; chence
Sontherly alon� snid South�vescerly line aiso bein�; said Northerly line along a curve to the left having
an initial radial line bearin�; South 43' 51' S0" East, a radius of 20.00 feet, through a central angle of
92° O�i' "10", arc length of 32.1 C fccr; thcncc co:�tinuing along said linc South 46" 00' 0�" �;ast a
distance of 182.13 fcct to thc'1'1ZliL: PUIN'1" OI� Bl?GINNING.
PARCFL TWO:
��1 portion oFParcel A, as show�� on that certain Map entit�ed, "PARC�,L �VIAP" filed in the officc of
thc ltecoidcr of the County of San Matco, Statc of Caiifornia on Novcmber 8, 1)75 in t3ook 34 of
Parcel Maps at 1'agcs 1 and 2, morc particularly descrilicd as follows:
F3T;,GINNTNCT ac che m<�sl Sc>uChwes�erly curner c�f said Parcel A; thence alon� the South�vesterly
line of said Parcel, North 46° 00' 00" West a distance of 82.50 feet; thence leaving stid line North
4�4° 00' 00" Easc, a distance of 28.17 feet; thence I�ordi 87° 00' 00' East, a distance of 120.97 feet to
3a3��4\ic�ss��s�z L.xhibit 11— Page 1
at1 an�rle ��<�i�ii oti lhe Sc�ucl,��-1y line c�f saic3 Parcel A; �lience ale�ng said Sc�Lieherly line Se>ul:li 44° 00'
00" Wes�, a distance oE 11C.64 feet to the PC�INT C�I� BL;C'TINNII�G.
PARCEL THREE: (I,I:ASEHOLI�)
I3LUINNING at the most Soutlierlj� corner of Lot 13, 131c�cic 7, as sh�wn c�n Chat certain Map
eri�i�led, "r�N'l,A ATRPOR'r P�1RK UNTT NC�. 7, CTTY C)F RiJRi,INGAI�tT;, Sf1N iY1t1TF,0
COLTN'I'Y, CALIFORNIA", filed in rhe office of the Recorder of the County of San I�Iateo, State
of California on January 15, 1979 in F3ook 98 of IYlaps at Pages 90, 91 and 92; thence froin said
described point of beginning along rhe Southerly line of said Blocic 7, South 85° 44' 23" �:asC a
distance of )�8.97 feet; thence South 31.11 fcet �o the most 5outlZerly corner of said lilock 7; thence
aloiig the I��st:erlj� litie oC saici I31oc:le ?, N�rrh 64° 00' l�;asc 19.88 feet; theiice Nc�rtl, 00� 9 7' 00" �X7est
C89.30 Eeet to ehe NorCheasterly cen•ner r>f saicl Rl�ck 7; thence alon� Che most Easterly line of Parcel
"E", as said Parcel "F:" is sho�vn on that certain Parcel Map entitled "PARCEL Mr1P BI;ING A
REStiBDIVISION OF LOTS 5 AND 6, BLOCK NO. 8; AN7r1 AIRPOR'1' PARK - L?NI'1' �IO. 6
(1Z.S.I�1. VOL. 70, 1'G. 35) 13UlZL,1NCT�1N1F;, S11N IVl��'1'�:U CC�I;N'1'Y, Cr1LIf�O1tNI��", which
map was recorded in t3ook 41 oEYarcel Maps at 1'age 13, on l�ebruazy 10, 1973, in Yhe office of the
Reeorcler c�ESan Maleo Cr�iinty, CaliEe�rnia; I:hence c<mCinuing al�ng last said eourse alc>ng die
Eastei•ly line of s�ici Parcel "F.", North 0° 17' 00" ��1est 80.55 feet to Che Southe�tsterlj� corner of
Parcel "D", as said Parcel "D" is shown on said described Parcel Map; thence along the South line of
said Parcel "D", West 50.00 feet to a point; thence leaving said South litic of Parcel "I�", South 0°
17' 00" �:ast 2iU.55 feet to a poinc on the Northerly line of said 131oc1c 7; thcnce continuing along last
cntirsc, alc�ng a linc wit.hin said Tilock 7, SouCh 0° 17' 00" T',asl G14�.34 feet; thei�ce Nnrth 85° 44' 23"
West 971.30 Eeec to a�oine ��n the Fasterly Cne <�E said Lc�1 13; �hence along said Fasterly line of said
Lot 13 South 14° 49' 03" I?ast 26.45 feet; thence South 4° 15' 37" �X'est 25.00 feet co the said
described point of be�innin�.
11PNs: 02C-363-590 and 026-363-47U
343G4\IGJ53959.2 Exhibit 1'� — Pagc 2
T?�CIIIFii`1' R
i'ROPOSl?1) T:l�[Pi,OYI?I:'s SLJRVI?Y QLIT?STIONS
1. ��'haf cirne dc� y�>u ly��ic�lly arrive Ccn• ���e>rlc in thc: riic�rnin€;?
a. Si�ifc ��'c�rlc c>r Varies
b. Bcfore 5:00 i�I�I
c. S:UO 1�I�I to 10:00 1�I��f - 13y 3O i�Iiiluee lucrcment (iilcrements are listcd iii the suivey)
d. ��!�tcc 1O:00 1�itii
2. ��'h�te titne �lc> y<�u typically lea��e u�orl:?
a. Shif(: Work or Varies
b. Before %4:00 Pi�I
c. �I:UO 1'l�i to �3:00 1'�'1 - F35- 30 �1�iiiiutc Incrcincnt (incrcmcnts arc listcd in thc survcy,`,
d. :1Etcr f3:00 1'I��I
3. D�u•ing a nt�rinal weclz, hc>�v vartal�le ;�re yc�ur �v<�riz hc>ucs?
a. Start and finish at s�p��roxini.�lel3� lhe sarne, citrie ever.y day
6. Wc�rk hotirs vary occ_�si�nally
c. VC%ork hot,rs vary ofr.en
1, C)n a rypical da�r, ho�v lon� docs it takc to gct to work (primary commutc)?
.1. i�ull [it�nc ccic�v��rlccr, sc> a�mmut:c titYie is neg�li�iL�le
b. 2 io 1?O ininures iti inc-rcmcnl�� c�C �15 ;incl 30 i�iinutcs (incremcnrs are lisCecl in Phc
sut•ve�'�
c. �reater than 12(1 tninu�es
�. :1�proximatcly ho�t> far is it Erom j�our hotnc Co �rour wor�c siYc �one-�vay)?
a. �'i.ill-time teleworlcer, so cotnmute distance is nc�ligiblc
l>. 1 �0 100 niilcs in seel�wisc incrcmcnt.s of 5, 10, 1�, 2O an�l 40 i��iilcs (increinencs arc
listeci in the survey�
c. GreaCer I.han 100 rniles
6. `�'hich of the follo�ving best describes your re�ular �vorlc schedule?
a. Five da�• �vork �veek (fu11 �time)
b. Pour day work wecl�, 10-hour days (full un��c)
c. Nit�c days �0 hc�urs ���orl�cd in i.v,-c� wccl: l�cric>d (ftill Cirnc)
cl. Parl iin�r.
7. �C'hac is yc�ur ��rirnlry m<>cle �f cravel l.c> �vc�rk tor each of these s��ecific clat�s (seven lis[ecl)?
�sub modes are listed in survey�
a. Drive (alonc, caipool, �>anpool, cnotorcycic/mopcd)
b. 1'a�scngcr ((aki/libcr/LyEC, cari�ool, vaii��oc>l)
c. 'I'i•a�lsic �Sarn"I.'raiis (I�xl�rc5s L�tts, lZcgular I3u5'), (;all:rain, T)urnl�artc�n [�:xl�rc�s)
cl. Cc.�rrzrnuCe shul.�lc j�rc�vi<lec3 l�y emple>yer
e. F3icycle
f. W'all�in�, jog�in�, in-linc sl�atin�, similar
g. W'ork froin homc, oFE�-site, siniilar
h. Variable oc coinpce:ssccl wc�cl: scheclulc - day c>ff
.. .1�v�y fr<�in c>Cfcc(sicic, vacal.ioii, nc�n-�v<�rl: cla��, l�tisitl�ss crav��l)
�. Please ofEer your �ersl�ectives ori alcernati�-e cravel c�E�tic�n� ar your w�rk si�e.
7. Please offer• and coinments or concerns j�ou have about the '['DtiI pinii.
'��3�>�\i����s.3��s�.z I��xhil�i� �Ii — Pagc 1