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3240, 3260 & 3280 Bayshore Boulevard Brisbane Technology Park SP-1-98, PD-1-98, PDP-1-98 (approved by the City Council 9/15/98) & PD-1-98-A (approved by the Zoning Administrator 8/21/03) Conditions of Approval A. Prior to the City’s filing of a Notice of Determination, the applicant shall provide a check made to the San Mateo County Clerk/Recorder in the amount of $1,250 for payment of fees if and as required by the California Department of Fish and Game. B. The following uses are permitted: (1.) Offices; (2.) Research and Development, (a.) as allowed under Type B Occupancy per California Code of Regulations, Title 24, Part 2, Section 304.1, for Type III N construction, (b.) as allowed under Type B Occupancy with not more than 4 Control Areas per building consistent with CCR, Title 24, Part 2, Tables 3-D & 3-E, (c.) as allowed under Type B Occupancy with H7 Rooms limited to no more than 10% of the area per floor as provided by CCR, Title 24, Part 2, Sections 307.1.1 (Division 7) and 504.3 (Exceptions 1 & 2)—in the event of multiple tenants per floor, each tenant shall be allowed its proportionate share of the 10% (unused shares may be reallocated with the approval of the property owner), (d.) including biotechnology research using Biosafety Level 1 or 2 organisms (excluding live HIV), in conformance with the US Department of Health and Human Services’ “Biosafety in Microbiological and Biomedical Laboratories” Guidelines, as they currently exist or may hereafter be revised, with BSL2 laboratory environments specifically required to be constructed for any research with BSL2 organisms (excluding live HIV), (e.) including biotechnology research using Biosafety Level 3 organisms or live HIV, incorporating construction design features and operating procedures in conformance with the US Department of Health and Human Services’ “Biosafety in Microbiological and Biomedical Laboratories” Guidelines, as they currently exist or may hereafter be revised, with BSL3 laboratory environments specifically required to be constructed for any research with BSL3 organisms, (f.) including animal research restricted to rats and mice, in compliance with the Institute of Laboratory Animal Resources’ “Guide for the Care and Use of Laboratory Animals,” as it currently exists or may hereafter be revised; (3.) Media Studios; (4.) Restaurants, (a.) including delicatessens and cafeterias (retail food sales), (b.) the combined total floor area of which shall not exceed 10% of the total floor area of the site, (c.) open no sooner than 7:00 a.m. and no later than 6:00 p.m.; (5.) Light fabrication, Page 1 of 7 (a.) (6.) limited to manufacturing ancillary to a primary office and/or research and development use; (b.) not, in the aggregate for all occupants, to exceed 10% of the total floor area in the Brisbane Technology Park; (c.) truck deliveries and pick-ups related to the light fabrication use limited to the hours from 7 a.m. to 6 p.m.; (d.) excluding any light manufacturing that would generate sound or odors generally or distinctly detectable from any off-site location; Printing, (a.) limited to the production of technical publications using equipment such as Xerox’s “Docutech” system, ancillary to a primary office and/or research and development use, (b.) not to exceed 10% of the floor area of the primary use. C. The following uses are expressly prohibited: (1.) Any H1 through H6 Occupancies; (2.) Any research with Biosafety Level 4 organisms. D. Prior to occupancy, each potential tenant shall provide: (1.) an inventory of hazardous materials and a Hazardous Materials Management Plan for Brisbane Fire Department review; (2.) a completed “Criteria for Life Sciences Industry Applicants” form to be provided by the City based upon the format proposed in the risk analysis; (3.) proof of compliance (such as San Francisco Public Utilities Commission wastewater discharge permits, Radiologic Health Licenses and Bay Area Air Quality Management District exhaust emission permits) with the requirements of all applicable regulatory agencies, including the Environmental Protection Agency, Cal EPA Department of Toxic Substances Control, the Department of Transportation, and the Food and Drug Administration; (4.) plans and permit applications required to construct required Control Areas and H7 Rooms as allowed for Type B Occupancy; (5.) signed agreements to comply with the US Department of Health and Human Services’ “Biosafety in Microbiological and Biomedical Laboratories” Guidelines, and the Institute of Laboratory Animal Resources’ “Guide for the Care and Use of Laboratory Animals,” as they currently exist or may hereafter be revised, as applicable; (6.) signed reimbursement agreements, deposits and/or fees as approved by the City Council to cover the costs of reviewing proposals and monitoring compliance. E. Regarding hazardous materials: (1.) No outdoor storage of hazardous materials shall be permitted. (2.) Standard lease provisions concerning use or restriction of hazardous materials shall be furnished to the City Attorney for review and approval. F. The building owner and/or tenants shall post hazardous materials placards to the satisfaction of the Brisbane Fire Department on each building and room containing hazardous materials. Page 2 of 7 G. The property owner shall abide by the provisions of the Operating Program for Administrative Parcel 1-06, the Habitat Conservation Plan, Habitat Conservation Plan Agreement and Section 10(a) Permit. H. Consistent with the San Bruno Mountain Area Habitat Conservation Plan’s Administrative Program for Administrative Parcel 1-06: (1.) the area to be dedicated to the County shall exclude the northwest corner of the property, which was planned under the HCP as access to the property to the north (Administrative Parcel 1-05-01); (2.) the project’s contribution to the San Bruno Mountain Conservation Fund, as a nonresidential project, will be $10.00 per 1,000 sq. ft. in 1982 dollars adjusted for inflation; (3.) the relocated drainage swale/wetland mitigation area shall be revegetated and adjoining habitat shall be enhanced as stated in the letters from Singer & Hodges, Inc., dated July 30 and August 10, 1998, and accompanying Preliminary Site Plan annotated to show 10,519 sq. ft. of Vegetated Swale Area and 12,588 sq. ft. of Habitat Enhancement Area; (4.) the landowner shall covenant in favor of the City and County to maintain the northern parking lot as a 30 ft. buffer between the buildings and the wildland areas to the north to the satisfaction of the Fire Department. I. Prior to the issuance of a grading/building permit and to the satisfaction of the County of San Mateo (as Plan Operator), the property owner shall become a signatory to the San Bruno Mountain Area Habitat Conservation Plan Agreement by signing an “Agreement to Comply with Terms and Conditions of the Agreement with Respect to the San Bruno Mountain Area Habitat Conservation Plan and Section 10(a) Permit” and shall record a Declaration of Covenants and Restrictions per Exhibit G of the Agreement with Respect to the San Bruno Mountain Area Habitat Conservation Plan. J. Prior to the issuance of a grading/building permit, the property owner shall prepare a Reclamation Plan for the area to be graded and thereafter dedicated as Conserved Habitat for approval by the City and the County and shall comply with the requirements of Section 2.d. of the HCP Operating Program. K. A San Bruno Mountain Habitat Conservation Plan Site Activity Permit shall be obtained from the County of San Mateo prior to any site work on the property. The applicant shall contact Roman Gankin, San Mateo County Parks and Recreation, 590 Hamilton, Redwood City, CA 94063, for further information regarding this requirement. L. Grading, paving and drainage plans shall be submitted for approval by the City Engineer prior to the issuance of a building permit. Details on driveway/street connections, water, sewer and other utility services shall be included. All storm water concentrated and collected on the site shall be brought to the City’s storm drain system in a piped underground system. An encroachment permit shall be obtained prior to any work within the public right-of-way. Page 3 of 7 M. The grading, paving and drainage plans shall address compliance with the National Pollution Discharge Elimination System Program, not only in terms of grading and construction impacts on stormwater quality, but also to address the impact of any pollutants washed by stormwater from the parking lot. Additional requirements for NPDES compliance, such as accidental-spill kits at loading docks, shall apply to any delivery and removal of hazardous materials to and from the site. N. Prior to issuance of grading permits, any required approvals from the U.S. Army Corps of Engineers, the Regional Water Quality Control Board and the State Department of Fish and Game shall be obtained to fill the existing 0.07 acres of wetlands and to relocate the existing 450 linear feet of drainage swale (“other waters of the U.S.”). O. The grading permit shall be subject to the requirement that existing vegetation, including plant species used as nectar sources for the Mission blue and callippe silverspot butterflies, shall only be removed outside the adult flight season (May 1st-August 15th) to avoid potential take of individual callippe silverspot butterflies. P. All grading shall be contained on the site and shall comply with the provisions of Brisbane Municipal Code Chapter 15.01. Q. Compliance with the Bay Area Air Quality Management District’s standard dust control measures shall be required during grading and construction. R. Prior to issuance of a building permit, the building permit plans shall be approved by a geotechnical engineer consistent with the geotechnical investigation and shall be subject to the recommendations of the investigation. S. Prior to issuance of the Building Permit, the final site plan shall provide the following: (1.) the proposed Bayshore Boulevard improvements, including acceleration and deceleration lanes, left turn lanes and a bike lane, all designed in accordance with professional traffic engineering standards to the satisfaction of the City Engineer, (2.) a 5 ft. wide sidewalk (including curb) along the Guadalupe Canyon Parkway frontage connecting the farthest-most crosswalks at Bayshore Boulevard and North Hill Drive, as required by the City Engineer, (3.) installation of flume and telemetry in the sanitary sewer lateral connection, to the satisfaction of the City Engineer, (4.) installation of the standard sanitary sewer lateral industrial facility test monitoring station(s), (5.) extension of the City water main, as required by the City Engineer, (6.) a fire apparatus access roadway around the entire building, to be marked in an approved manner by the Fire Prevention Bureau, (7.) a private hydrant system along the apparatus access roadway in an approved manner, with fire flow and hydrant location as determined by the Fire Prevention Bureau, (8.) specification that all compact parking spaces shall be identified on the pavement as "compact", Page 4 of 7 (9.) specifications for the curbs designed to accommodate 2 ft. bumper overhangs (where striped standard-size spaces are up to 2 ft. less than 18 ft. long). T. Prior to issuance of the Building Permit, detailed roof plans for all buildings showing satisfactory screening of all exterior mechanical equipment shall be submitted for the Planning Director’s approval. Rooftop screening shall include screening by metal panels over metal stud framing, of at least the same height as the rooftop mechanical units, texture-painted to match the concrete wall panels. All roof mounted mechanical units shall be painted to match the roof screen color. Ground-mounted equipment shall be screened with architectural materials compatible with the project site such as textured painted masonry block, textured painted cement plaster or textured painted metal panels in a color to match or complement the building color. Subsequent repairs shall maintain the matching color of the roofing material and equipment. U. Plans submitted for the building permit shall include details as to how sound insulation, housing, baffles or other reasonable measures shall be installed in conjunction with any exterior equipment to effectively mitigate sound emissions distinctly detectable from any off-site location to the satisfaction of the Planning Director, with periodic monitoring, if deemed necessary by the Planning Director. V. Prior to issuance of the building permit, the applicant shall consult with the South San Francisco Scavenger Company to assure that the trash enclosure shall be of sufficient size to accommodate recycling receptacles, as well as trash dumpsters. W. Plans submitted for the building permit shall include details as to how all exterior equipment, including receptacles for trash collection and recycling, shall be screened, fenced, painted or landscaped to mitigate off-site visibility to the satisfaction of the Planning Director per Brisbane Municipal Code Sections 17.19.040.G.2 and 17.19.050.B. X. Plans submitted for the building permit shall include the provision of bicycle parking facilities as approved by the Planning Director. Y. Prior to issuance of a building permit, an exterior lighting plan shall be submitted to include security lighting of the site to the satisfaction of the Police Chief and Planning Director. Such lighting shall be designed so as not to directly cast glare off site. Z. Prior to issuance of the building permit, the final landscape and irrigation plans shall be submitted for approval. To the satisfaction of the Planning Director, the following shall be included: (1.) specifications for planting preparation and maintenance of the Italian stone pines to avoid top-heavy conditions, or substitution of the Italian stone pines with Canary Island pines, (2.) provisions for replacement of the Raywood ash with Brisbane box trees, if it is determined that susceptibility to lilac tip borer or other pests/diseases is a serious concern, (3.) specification that shrubs are to be planted from parking curbs to assure no conflict with the 2 ft. bumper overhang areas. Page 5 of 7 AA. Prior to the issuance of a building permit, the property owner shall enter into the City's standard Landscape Maintenance Agreement, which shall be amended to include specific provisions regarding: (1.) maintaining any Italian stone pines so that they do not become top heavy, (2.) replacing any Raywood ash trees that become seriously threatened by pests or disease with Brisbane box trees, (3.) specification that shrubs along parking curbs shall be maintained so as to assure no conflict with the 2 ft. bumper overhang areas, (4.) maintenance of the landscaping within the northern parking lot so that it shall serve as a 30 ft. buffer between the buildings and the wildland areas to the north to the satisfaction of the Fire Department, (5.) maintainence of the vegetated swale for a 2-year establishment period. BB. Prior to the issuance of a building permit, the property owner shall enter into the City's standard agreement to participate in the Transportation Systems Management Program, which shall be amended to specify the property owner’s and tenants’ participation in the Multi-City TSM Agency’s transit shuttle program, as agreed to by the applicant as part of the mitigated Negative Declaration and as required by Brisbane Municipal Code Chapter 10.52. CC. The property owner will agree in a form as approved by the City Attorney to provide for the project’s proportional fair share of improvements determined necessary to maintain minimum adopted Levels of Service at intersections designated by the General Plan impacted by the project, at such time as required by the City. DD. The property owner shall agree in a form as approved by the City Attorney to provide for a traffic signal at the intersection of the project’s eastern driveway on Bayshore Boulevard when the City Engineer determines that traffic volumes so warrant. EE. At time of final inspection, the San Mateo County Parks and Recreation Division (Ms. Dale Ball) shall be notified of the issuance of the Certificate of Occupancy in order to begin the annual assessment of San Bruno Mountain Area Habitat Conservation Plan fees. FF. Prior to open of business, all tenants shall obtain City business licenses. GG. No signage is approved as part of this permit. A Sign Permit shall be obtained prior to the installation of any signs not otherwise exempt. HH. The required parking spaces shall not be used or converted to any other use that would impair their basic use as parking for motor vehicles per Brisbane Municipal Code Section 17.34.020.A. II. Minor modifications may be approved by the Planning Director in conformance will all requirements of the Brisbane Municipal Code. Page 6 of 7 JJ. This approval shall expire one year from its effective date (upon adoption by the City Council of the Specific Plan and Planned Development Plan), if a building permit application has not yet been submitted for the approved project, subject to approval of an extension by the Planning Commission per Brisbane Municipal Code Section 17.28.090.C. Page 7 of 7