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HomeMy WebLinkAboutReso - CC - 070-1998RESOLUTION NO. 70-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (EIR 98-1PW) AND APPROVING AND MAKING FINDINGS WITH RESPECT TO THE PROPOSED PARK TO BE LOCATED ON THE FORMER LANDFILL AT 250 ANZA BOULEVARD, BURLINGAME RESOLVED, by the City Council of the City of Burlingame: WHEREAS, a draft environmental impact report (EIR) was prepared for the Landfill Park proposed for 250 Anza Boulevard, Burlingame, California; and WHEREAS, notice of preparation of the EIR was given to all interested persons in accordance with State law and regulations; and WHEREAS, this draft EIR was made available for review and comment by all interested persons in accordance with State law and regulations; and WHEREAS, the draft EIR was submitted for review and comment by public agencies having jurisdiction with respect to the project as required by State law and regulations, and comment was sought from persons, organizations, and agencies having special expertise concerning the possible environmental effects of the proposed project; and WHEREAS, the City Council held a noticed public hearing on June 10, 1998, to review and receive comments on the draft EIR; and WHEREAS, the comments and questions received during the public comment period and the public hearing were incorporated in the EIR together with responses to the comments and questions; and WHEREAS, the City Council set Monday, July 20, 1998, as the time and place for another public hearing to consider the final EIR and to receive any additional comments that any interested person might wish to make on the EIR; and WHEREAS, at the public hearing the City Council received testimony from any interested person who might wish to offer any written or oral comments on the EK and WHEREAS, the City Council has reviewed and considered the Final EIR, including all comments and responses received on the EIR, and WHEREAS, the final EIR presented to the City Council adequately and fully describes and analyzes the proposed project, alternatives to the proposed project, and potential environmental effects of the proposed project and alternatives; and WHEREAS, the final EIR also provides proposed mitigation measures that would avoid or substantially lessen the potential environmental effects of the proposed project; and WHEREAS, the expertise provided by citizens and professionals during the EIR process has also developed conditions of approval that, while not required to address environmental effects under law, will improve the project and implement City standards; and WHEREAS, the City Council has reviewed and considered the Final EIR in its review of the proposed park project, in addition to all of the comments and testimony that the Council has received regarding the project, NOW, THEREFORE, IT IS RESOLVED AND ORDERED: 1. The Final EIR (EIR 98-1PW) for the Landfill Park at 250 Anza Boulevard is certified as having been completed in compliance with the California Environmental Quality Act and the CEQA Guidelines. 2. The Final EIR has been reviewed and considered by the City Council before taking action on the proposed project itself. 3. The mitigation measures contained in Exhibit A hereto are adopted as conditions for the proposed project and will either eliminate or reduce the potential significant environmental impacts of the project to less than significant, and the project as approved below will not have a significant effect on the environment. 4. The conditions of approval contained in Exhibit B hereto are adopted as conditions of approval to enhance the project. 5. Subject to these mitigation measures and these conditions of approval, the proposed park project generally defined in Exhibit C hereto is approved, and the City Manager is directed to proceed with detailed design and development of specifications for contracts to construct the project. 6. The City Clerk is directed to file a Notice of Dete ,fin with t yiei Clerk of San Mateo County as provided in CEQA. / "$I7 I, JUDnU A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 20th day of i i u v . 1998, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: C:\WPSI\FELES\RESOkeimppmvl.pla.wpd GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE NONE EXHIBIT A - MITIGATION MEASURES LANDFILL PARK (EIR 98-1PW) 250 ANZA BOULEVARD MITIGATION MEASURES: The following mitigation measures are required to minimize or eliminate significant impacts with respect to wildlife and noise. AVIAN ENTANGLEMENT - The proposed 20 foot to 40 foot high netting that surrounds the golf range is identified as an obstruction to free flight path and could be a potential source of bird mortality due to entanglement. 1. Netting Design. The City shall require marking devices be installed on each rectangular span of netting to make the netting more visible to birds. The marking device shall consist of standard 2 -inch wide, solid -color vinyl flagging tape. The City shall maintain the marking devices and replace them if necessary. 2. Inspection. The City shall require the operator of the driving range to regularly inspect the netting and maintain a record of bird entanglements. The City shall consult with the California Department of Fish and Game and the U.S. Fish and Wildlife Service if bird entanglement occurs. CONSTRUCTION NOISE DISTURBANCE TO WILDLIFE AND REMOVAL OF EUCALYPTUS GROVE AND OTHER NON-NATIVE TREES - Construction noise levels and removal of trees in the lower deck area could result in short-term wildlife disturbance and nest abandonment. 3. Pre -Construction Surveys. A wildlife biologist shall survey the site. If birds are found to be nesting within 150 feet of the project boundary, construction activities shall be moved or shall be delayed until after the birds fledge. 4. City Noise Ordinance. The City shall enforce Ordinance 1462, which imposes time limitations for construction activities. WILDLIFE DISTURBANCE - The number of humans and pets near the Sanchez Marsh will increase with the proposed project which would result in disturbance and/or displacement of wildlife. 5. Trail Landscaping. The City shall include landscaping between Sanchez Marsh and the proposed pedestrian/bicycle trail to provide a visual barrier for marsh wildlife. 6. Interpretive Signs. The City shall place three interpretive signs along the south side of the proposed pedestrian/bicycle trail to educate the public about the causes and effects of wildlife disturbance. 7. Leash Law. The City shall require pet owners to have their pets on a leash at all times while the recreational facilities except in the dog run area. OPERATIONAL NOISE DISTURBANCE TO ADJACENT LAND USES - Adjacent land uses including Sanchez Marsh could be adversely affected by noise from the recreational improvements. 8. Portable Loudspeaker Regulations. The City shall distribute and post a list of rules for the soccer field and softball field teams suggesting that no portable amplified sound devices be used after 7 p.m., and requesting that they not be used after 10 p.m. The City shall also include these provisions in the contract agreement with the operator of the golf driving range. NOISE EXPOSURE AT THE LOWER DECK - Noise exposures for park users of the lower deck softball field and playground would exceed 70 dBA CNEL. 9. Sound Wall Design. The City shall either construct a berm at least two feet high along the outside boundary of the outfield with a solid fence on top to achieve a total height of eight feet, or build a solid eight foot high fence. The fence shall be constructed out of material that achieves a transmission loss of at least 15 dBA . Material options would include wood, light concrete, foam -core plastic, steel, or sheet aluminum. The solid fence shall have either a warning track or shock absorbing material on the infield side of the fence to protect outfielders. FINDINGS: The above Mitigation Measures will reduce or eliminate significant environmental impacts to less than significant impacts. As stated on page 3.2-15 and 16 of the EIR, regularly inspected, golf netting markers will encourage the netting to be more visible to birds. Pre -construction surveys to identify nesting sites, followed by enforcement of the city noise ordinance which limits construction activities as noted on page 3.2-19 in the EBR, will reduce noise disturbances to wildlife. As discussed on page 3.2-21 of the EIR, trail landscaping with interpretive signs and pet leash laws will reduce the potential of human - related wildlife disturbances. Regulating the use of portable loudspeakers at the soccer and softball fields will reduce noise disturbances to adjacent land uses as indicated on page 3.3-11 in the EIR. Finally the implementation of a sound wall along the outfield of the softball field will reduce noise impacts to visitors of the lower deck area as stated on page 3.3-15 in the EBR. The EIR also reviewed three alternatives to the project - a no build alternative, a modified site plan, and a passive recreation facility. The environmentally inferior alternatives were reviewed and rejected because they did not accommodate City and regional needs for a variety of recreational facilities including soccer, softball, golf, children's playgrounds, and a dog exercise area. s Aapubl icworksdir%author\jmcg\exhibit.a F) EXHIBIT B - CONDITIONS OF APPROVAL LANDFILL PARK (EIR 98-IPW) 250 ANZA BOULEVARD CONDITIONS OF APPROVAL: The following conditions of approval serve as `good practice' measures to improve the project or ensure that the proposed project meets agency standards. 1. The City shall require that the operator of the driving range maintain a regular inspection schedule to ensure the netting has not deteriorated in such a way that would allow golf balls to pass through or over the netting. The City is responsible for netting repairs when they arise. 2. The City shall also require that the operator maintain a regular schedule to inspect the grounds outside the driving range netting for errant balls. 3. Should more than 15 golf balls appear outside the driving range netting per month, the City shall consider reserving the right to refuse service to those customers who repeatedly hit balls over the netting, using reduced flight golf balls, increasing the height of the netting, and/or adding tee dividers to the center tee stations. 4. The City shall maintain a regular inspection schedule to ensure that the fence has not deteriorated in such a way that would allow softballs to pass through or over the fence. The City shall be responsible for fence repairs when they arise. 5. On the lower deck softball field, the City shall maintain a regular schedule to inspect the grounds outside the eight foot high fence for errant softballs. 6. Should more than eight softballs or baseballs appear outside of the eight foot high fence per month, the City shall consider increasing the height of the fence, limiting use of the field to slow -pitch games, and/or eliminating use of the field by adult male or top-level teams. 7. The City shall prohibit the use of baseballs on the softball field, except during little - league or women -league games and shall post signs around the perimeter of the field to that effect. 8. Posted signs shall also indicate that balls hit over the fence should not be retrieved because of the potential to disturb Sanchez Marsh wildlife. 9. The City shall consider native landscaping such as vines that can mask the height and mass of the eight foot high section of fence to enhance the visual appearance and discourage graffiti. 10. No bleachers shall be allowed adjacent to the left side of the softball field next to the Wastewater Treatment Plant. Screening shall be installed along this side of the Wastewater Treatment Plant to screen the facilities from park users. 11. The City shall require that lights for the recreational facilities be shut off by 10:30 p.m. so as not to disturb nocturnal wildlife activities. 12. The City shall require that all project lighting be directed downwards away from Sanchez Marsh and/or fitted with internal hardware to prevent spill light into Sanchez Marsh and surrounding upland habitat. 13. The City shall have erected a four foot high fence on the south side of the trail from the Anza Bridge west to the end of the established public trail. The fence shall be placed outside of the upland habitat boundary and its installation shall not result in the removal of any trees or shrubs. Gaps in the fence could be established to ensure that possible outside wildlife movement corridors remain unobstructed. 14. The City shall install netting with a neutral color such as gray so the contrast between the netting and sky is reduced. 15. The City shall specify that the steel poles supporting the golf driving range netting be galvanized so that they have a duller finish that would not reflect sunlight. 16. The City shall specify in its construction documents that it requires all light fixtures to meet or exceed industry standards for cutoff performance to minimize spill light, reduce glare effects, and assist in conforming with the City's illumination ordinance. 17. The City shall require the lighting contractor to provide the minimum level of desired light, appropriate to the sport and level of play. Details shall be provided to the City to justify the number of poles, lamps, and wattage. 18. The lighting contractor shall be required to install the lights at the proper angle, to minimise spill light. S: \apublicworkddir\author\j aneg\exhibitb 0 I SITE Burlingame Landfill 97.051. City of Burlingame, CA IL IL