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HomeMy WebLinkAboutReso - CC - 073-2015RESOLUTION NO, 73-2015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) AND ADOPTING MITIGATION MEASURES AND A MITIGATION MONITORING PLAN PREPARED FOR A MULTI -FAMILY DEVELOPMENT CONSISTING OF 22 RESIDENTIAL CONDOMINIUMS AND 268 RESIDENTIAL APARTMENTS ON PROPERTY LOCATED AT 1008-1028 CAROLAN AVENUE AND 1007-1025 ROLLINS ROAD (ASSESSOR PARCEL NOS: 026-240-2909 026-240-340, 026-240-360 & 026- 240-370) WHEREAS, an Environmental Impact Report (EIR) has been prepared and application has been made for Design Review, Vesting Tentative and Final Map to merge and subdivide the existing four parcels, and Condominium Permit to establish the 22 townhomes, Conditional Use Permits for the multiple family residential use and for building height for the two apartment buildings with heights up to 61'-6" tall, Special Permits for a driveway within the required 20 -foot setback along the southerly property line and to allow a building 34'-4" in height for the condominium structures where a special permit is required for buildings between 30 feet and 36 feet in height, Demolition Permit Exception, and Fence Height Exception for construction of a new 22 -unit residential condominium and 268 -unit residential apartment building at 1008-1028 Carolan Avenue and 1007-1025 Rollins Road, zoned C -2/R-4 Overlay, property owners Stucker Family Trust (Assessor Parcel Nos: 026-240-340, 026-240-360 & 026-240-370) and Oscar F. Person Testamentary Trust (Assessor Parcel No: 026-240-290); WHEREAS, on June 16, 2014, a Notice of Preparation of an EIR was submitted to the California Office of Planning and Research (OPR), and OPR notified State agencies of the preparation of the preparation of the EIR and directed that they make comments on the proposed project, in addition, the City of Burlingame sent the Notice of Preparation to local agencies requesting comment; and WHEREAS, the Planning Commission held a public hearing to conduct a scoping session on June 23, 2014, to receive any oral or written comments that the public might wish to offer in defining the scope of the environmental review; and completion of the Draft WHEREAS, the City retained an independent consultant to prepare an EIR; and WHEREAS, WHEREAS, on February on February 6, 2015, following staff review and comment on the Administrative Draft of the EIR, the City duly noticed the availability and completion of the Draft EIR (DEIR) and the public comment period on the DEIR with a Notice of Completion; and 13, 2015, an updated Notice of Completion was released on February 13, 2015 to include additional documents in the appendices; and WHEREAS, a public comment period exceeding forty-five (45) days was opened from February 6, 2015 to April 6, 2015, during which all written public comments were welcomed; and RESOLUTION NO, 73-2015 WHEREAS, during the public comment period, the Planning Commission held a public hearing on March 9, 2015, to receive any oral or written comments that the public might wish to offer on the DEIR; and WHEREAS, in response to the comments received during the comment period, the City's independent consultant prepared responses to each of the comments made in the form of a Response to Comments document; and WHEREAS, on May 15, 2015, the Response to Comments Document was made available to the public; and WHEREAS, on May 26, 2015, the Planning Commission conducted a duly noticed public hearing on the Final EIR (FEIR) and on the project, at which time it reviewed and considered the staff report and all other written materials and oral testimony presented at said hearing and adopted a motion certifying the FEIR that was memorialized via adoption of a resolution at the Planning Commission's June 8, 2015 regular meeting; and WHEREAS, on May 21, 2015 her that she wished to have the the Mayor submitted an Summerhill Apartment email to the City Clerk Communities project, informing including certification of the FEIR, reviewed by the full City Council; and WHEREAS, on June 15, 2015, the City Council conducted a duly noticed public hearing to consider certification of the FEIR and on the project and all project entitlements, at which time t reviewed and considered the staff report and all other written materials and oral testimony presented at said hearing; and WHEREAS, the FEIR, consisting of the DEIR, Responses to Comments and Revisions to the DEIR, clearly presents the issues involved in the development of this property and identifies appropriate alternatives as required by the CEQA and the CEQA Guidelines (Title 14, Chapter 13 of the California Code of Regulations); and WHEREAS, the FEIR concludes that all of the potential significant impacts identified can be reduced to less than significant levels through implementation of the mitigation measures identified DEIR, as outlined in Exhibit A to this Resolution; and WHEREAS, the FEIR provides the City Council, the City and the public with sufficient and thorough information regarding the potential significant environmental impacts of the project; and WHEREAS, the FEIR has been prepared and considered in conformance with CEQA and the CEQA Guidelines, with independent preparation by a City -retained independent consultant and application of the independent comment and judgment of both City staff and the City Council; and WHEREAS, the mitigation measures required by the FEIR have been incorporated into the conditions of approval for the project as outlined in the attached Exhibit B; and 2 RESOLUTION NO, 73-2015 WHEREAS, the FEIR outlines the proposed project, presents the issues involved in the development of this property, analyzes all potentially significant environmental impacts, and identifies appropriate mitigation measures and alternatives as required by the CEQA and the CEQA Guidelines (Title 14, Chapter 13 of the California Code of Regulations). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Burlingame that: 1. The FEIR provides sufficient disclosure of the issues involved as required by CEQA. 2. The extensive public participation in the development of this FEIR has provided valuable information and analysis, as well as important changes and alterations to the original project. 3. The FEIR addresses the significant potential environmental effects of the project in the areas of: (1) Land Use, Plans and Policies, (2) Visual Quality, (3) Transportation, (4) Air Quality, (5) Climate Change, (6) Noise, (7) Biological Resources, (8) Hydrology and Water Quality, (9) Population and Housing, (10) Parks and Wind Effects on Recreation, and (11) Utilities and Service Systems, a summary of the potential environmental impacts and mitigation measures is outlined in Exhibit A to this resolution. 4. The FEIR provides the City Council, the City and the public with sufficient and thorough information regarding the potential significant environmental impacts of the project. comment and judgment of both 5. The FEIR has been prepared and considered in conformance with CEQA and the CEQA Guidelines, with independent preparation by a City -retained consultant and application of the independent comment and judgment of both City staff and the City Council. 6. The mitigation measures required by the FEIR as described in the attached Exhibit A have been incorporated into the conditions of approval for the project as outlined in the attached Exhibit B. BE IT FURTHER RESOLVED that: 1. The City Council has reviewed and considered the documents constituting the FEIR and received testimony regarding the FEIR at public hearings. The City Council finds that the FEIR has been completed in compliance with the CEQA, and the FEIR is the independent judgment and analysis of the City. The FEIR contains additions, clarifications, modifications and other information in its Responses to Comments on the DEIR, and such additions, clarifications, modifications and other information are not significant new information as that term is defined under CEQA. Changes or alterations have been required in, or incorporated into the project that mitigate, avoid or substantially lessen the significant effects identified in the EIR, as described in the mitigation measures incorporated as project conditions in Exhibit B. On the basis of the FEIR documents and comments received and addressed by the City Council, it is hereby found that the FEIR is complete pursuant to CEQA Guidelines Section 15090 and the City Council hereby certifies the FEIR. 3 RESOLUTION NO. 73-2015 2. Said Design Review, Vesting Tentative Map to merge and subdivide the existing four parcels, and Condominium Permit to establish the 22 townhomes, Conditional Use Permits for the multiple family residential use and for building height for the two apartment buildings with heights up to 61'-6" tall, Special Permits for a driveway within the required 20 -foot setback along the southerly property line and to allow a building 34'- 4" in height for the condominium structures where a special permit is required for buildings between 30 feet and 36 feet in height, Demolition Permit Exception, and Fence Height Exception is approved subject to the conditions set forth in Exhibit B attached hereto. Findings for such Design Review, Vesting Tentative Map to merge and subdivide the existing four parcels, and Condominium Permit to establish the 22 townhomes, Conditional Use Permits for the multiple family residential use and for building height for the two apartment buildings with heights up to 61'-6" tall, Special Permits for a driveway within the required 20 -foot setback along the southerly property line and to allow a building 34'-4" in height for the condominium structures where a special permit is required for buildings between 30 feet and 36 feet in height, Demolition Permit Exception, and Fence Height Exception are set forth in the staff report, minutes, and recording of said meeting. Terry Nag I, Mai6r I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 6'" day of July, 2015 by the following vote: AYES: COUNCILMEMBERS: BROWNRIGG, KEIGHRAN, NAGEL, ORTIZ, ROOT NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS:NONEf IL ity Clerk t 0 EXHIBIT "A" SUMMARY OF ENVIRONMENTAL IMPACTS AND MITIGATION 1008-1028 CAROLAN AVENUE & 1007-1025 ROLLINS ROAD RESIDENTIAL PROJECT Im act Mitigation Measures Noises Impact N0I-1: The proposed residences and Central MM N0I-1.1: The proposed project includes a six-foot tall, Courtyard would be exposed to exterior and interior noise acoustical glass fence at the opening of the central levels greater than the City's General Plan noise goals of courtyard along the northern boundary of the project site 60 dBA CNEL and 45 dBA CNEL, respectively. to shield the outdoor use area from traffic noise along Carolan Avenue. The total length of the proposed fence Less Than Significant Impact with Mitigation would be approximately 45.5 feet, stretching from unit 2A Incorporated to unit 1G, with approximately 3.5 feet used as an access gate. The proposed fence shall be continuous from grade to top, with no cracks or gaps, and have a minimum surface density of three pounds per square feet [e.g., one -inch thick marine -grade plywood, %-inch laminated glass, concrete masonry units (CMU)]. A fence height of six feet would be sufficient for reducing noise levels to 60 dBA CNEL or less. The fence height shall be measured relative to the elevation of the central courtyard. MM N0I-1.2: At the time of final site design, a qualified acoustical consultant shall review the final site plan, building elevations, and floor plans prior to issuance of a building permit and project construction to calculate expected interior noise levels. Specific acoustical analyses shall be completed to confirm that the final site design results in interior noise levels reduced to 45 dBA CNEL or lower for all floors in each building on the project site. Buildings on the project site would need sound -rated construction methods and building facade treatments to maintain interior noise levels at or below acceptable levels. These treatments could include, but are not limited to, sound -rated windows and doors, sound -rated wall constructions, acoustical caulking, and protected ventilation openings. Implementation of these measures will result in reductions of at least 33 dBA CNEL in interior noise levels nearest US 101 having the worst-case noise exposure, which will achieve resulting interior noise levels of 45 dBA CNEL or less at the units. Similarly, interior noise levels within the remaining units have a relatively lower future noise exposures will also be maintained at or below 45 dBA CNEL with the implementation of these measures. The specific determination of what noise insulation treatments are necessary shall be conducted on a unit - by -unit basis during final design of the project. Results of the analysis, including the description of the necessary noise control treatments, shall be submitted to the City along with the building plans and approved design prior to issuance of a building permit. MM N0I1.3: Building sound insulation requirements shall include the provision of forced -air mechanical ventilation for all perimeter residential units so that windows could be kept closed at the occupant's discretion to control noise. EXHIBIT A — Summary of Environmental Impacts and Mitigation 1008-1028 Carolan Ave. & 1007-1025 Rollins Rd. Impact -2. Mitigation Measures Impact NOI-2: Construction of the proposed project would MM NOI-2.1: The project shall implement the following result in a significant, though temporary, noise impact at standard construction best management practices during nearby residences. all phases of construction: Less Than Significant Impact with Mitigation • Construction activities shall be limited to the daytime Incorporated hours between 7:00 AM and 7:00 PM, Monday through Friday, between 9:00 AM and 6:00 PM on Saturdays, and between 10:00 AM and 6:00 PM on Sundays and holidays (per Chapter 18.07.110 of the City of Burlingame Municipal Code). • Equip all internal combustion engine -driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. • Unnecessary idling of internal combustion engines shall be strictly prohibited. • Locate stationary noise -generating equipment, such as air compressors or portable power generators, as far as possible from sensitive receptors. Construct temporary noise barriers to screen stationary noise -generating equipment when located near adjoining sensitive land uses. Temporary noise barriers could reduce construction noise levels by five dBA. • Utilize "quiet" air compressors and other stationary noise sources where technology exists. • Control noise from construction workers' radios to a point where they are not audible at existing residences bordering the project site. • The contractor shall prepare a detailed construction plan identifying the schedule for major noise -generating construction activities. The construction plan shall identify a procedure for coordination with adjacent residential land uses so that construction activities can be scheduled to minimize noise disturbance. • Designate a "disturbance coordinator" who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include in it the notice sent to neighbors ing he construction schedule. AIS qualat Impact AIR -1: The project would generate significant dust MM AIR -1.1: The project shall implement the following during construction activities that would affect nearby standard BAAQMD dust control measures during all sensitive receptors, if best management practices are not phases of construction on the project site: implemented. • All exposed surfaces (e.g., parking areas, staging Less Than Significant Impact with Mitigation areas, soil piles, graded areas, and unpaved access Incorporated roads) shall be watered two times per day. EXHIBIT A —Summary of Environmental Impacts and Mitigation 1008-1028 Carolan Ave. & 1007-1025 Rollins Rd. Impact -3. Mitigation Measures • 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. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (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. • Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes [as required by the California Airborne Toxics Control Measure Title 13, Section 2485 of California Code of Regulations (CCR)]. Clear signage shall be provided for construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • A publicly visible sign shall be posted with the telephone number and person to contact at the City of Burlingame regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Bay Area Air Quality Management Air District's phone number shall also be visible to ensure compliance with applicable regulations. Impact AIR -2: Construction of the proposed project would MM AIR -2.1: All diesel -powered off-road equipment larger result in significant health risks to nearby sensitive than 50 horsepower and operating at the site for more receptors from DPM emissions unless mitigated. than two days continuously shall meet US EPA particulate matter emission standards for Tier 2 engines Less Than Significant Impact with Mitigation or equivalent. Incorporated MM AIR -2.2: All portable pieces of construction equipment (i.e., air compressors, cement mixers, concrete/industrial saws, generators, and welders) shall meet US EPA particulate matter emissions standards for Tier 4 engines or equivalent. MM AIR -2.3: Avoid staging diesel -powered equipment within 100 feet of adjacent residences. Impact AIR -3: Pollutant emissions from US 101 and MM AIR -3.1: Install air filtration for residential units that Caltrain would pose significant health risk impacts to have predicted cancer risks in excess of 10 in one million proposed residences on the ground floor and podium -level or PM2.5 concentrations above 0.3 micrograms per cubic located nearest the freeway and rail lines unless mitigated. meter (Ng/m3) from either US 101 or the Caltrain rail line. Air filtration devices shall be rated MERV13 or higher. To EXHIBIT A- Summary of Environmental Impacts and Mitigation 10084028 Carolan Ave. B 10074025 Rollins Rd. Less Than Significant Impact with Incorporated Please note that if the Caltrain Peninsula Corridor Electrification Project is approved and implemented as currently proposed, the health risk from locomotives on the Caltrain rail line would be less than significant and mitigation is not required for health risk impacts from the rail line (refer to Section 4.0 Cumulative Impacts), though the below mitigation would still be required to reduce health risk impacts from US 101 to a less than significant level, -4- res ensure adequate health protection to sensitive receptors, a ventilation system shall meet the following minimal design standards (Department of Public Health, City and County of San Francisco, 2008): • A MERV13 or higher rating; • At least one air exchanges(s) per hour of fresh outside filtered air; and • At least four air exchange(s) per hour recirculation. Alternately, at the approval of the City, equivalent control technology may be used if it is shown by a qualified air quality consultant or heating, ventilation, and air conditioning (HVAC) engineer that it would reduce risk below significance thresholds. MM AIR -3.2: Require an ongoing maintenance plan for the buildings' HVAC air filtration system. Recognizing that emissions from air pollution sources are decreasing, the maintenance period shall last as long as significant excess cancer risk or annual PM2.5 exposures are predicted. Subsequent studies shall be conducted by an air quality expert approved by the City to identify the ongoing need for the filtered ventilation systems as future nformation becomes available. MM AIR -3.3: Ensure that the lease agreement and other property documents (e.g., CC&Rs): Require cleaning, maintenance, and monitoring of the affected units for air flaw leaks; Include assurance that new owners and tenants are provided information on the ventilation system; and nclude provisions that fees associated with owning or leasing a unit(s) in the building include funds for cleaning, maintenance, monitoring, and replacements of the filters, as needed. MM AIR -3.4: Require that, prior to building occupancy, an authorized air pollutant consultant or HVAC engineer verify the installation of all necessary measures to reduce toxic air contaminant (TAC) exposure. MM AIR -3.5: The type of MERV-rated filtration required to be installed as part of the ventilation system in the residential building shall be as follows: • A minimum of MERV13 shall be installed unless the increased cancer risk can be demonstrated to be less than 10 in one million; and • MERV16 filtration shall be utilized for areas where the increased cancer risk is greater than 20.0 in one million for unmitigated cancer risks. Note that PM2.5 concentrations at all sensitive receptor EXHIBIT A -Summary of Environmental Impacts and Mitigation 10084028 Carolan Ave. 8 10074025 Rollins Rd. Impact -5. Mitigation Measures locations across the site would also be reduced to a level of less than significant by using MERV13 and MERV16 filters necessary to mitigate excess cancer risk. Biolo icaLResources. Impact BIO -1: Development of the project would impact MM BIOAA: Avoidance and Inhibit Nesting. Construction nesting birds and raptors, if present on-site or in the and tree removal/pruning activities shall be scheduled to immediate vicinity, avoid the nesting season to the extent feasible. If feasible, tree removal and/or pruning shall be completed before the Less Than Significant Impact with Mitigation start of the nesting season to help preclude nesting. The Incorporated nesting season for most birds and raptors in the San Francisco Bay area extends from 1 February through 31 August. MM BIO -1.2: Preconstruction Survey(s). If it is not possible to schedule construction activities between 1 September and 31 January then a qualified ornithologist shall conduct a preconstruction survey to identify active bird nests that may be disturbed during project construction. This survey shall be completed no more than seven (7) days prior to the initiation of demolition/construction activities (including tree removal and pruning). During this survey, the ornithologist shall inspect all trees and other possible nesting habitats in and immediately adjacent to the construction areas for nests. If the survey does not identify any nesting birds that would be affected by construction activities, no further mitigation is required. If an active nest is found sufficiently close to work areas to be disturbed by these activities, the ornithologist (in consultation with the CDFW) shall designate a construction -free buffer zone (typically 300 feet for raptors and 100 feet for non -raptors) to be established around the nest to ensure that no nests of species protected by the FMBTA and California Fish and Game Code will be disturbed during construction activities. The buffer shall remain in place until a qualified ornithologist has determined that the nest is no longer active. MM BIO -1.3: Reporting. A final report on nesting birds and raptors, including survey methodology, survey date(s), map of identified active nests (if any), and protection measures (if required), shall be submitted to the Planning Manager and be completed to the satisfaction of the Community Development Director prior to the start of grading. Cultural Resources Impact CUL -1: Construction of proposed project would MM CUL -1.1: Unigue Paleontological and/or Geologic result in significant impacts to archaeological resources, Features and Reporting. Should a unique paleontological unique paleontological resources/sites, unique geologic resource or site or unique geological feature be identified features, or human remains, if present on-site. at the project site during any phase of construction, all ground disturbing activities within 25 feet shall cease and Less Than Significant Impact with Mitigation the City Planning Manager notified immediately. A Incorporated qualified paleontologist shall evaluate the find and EXHIBIT A —Summary of Environmental Impacts and Mitigation 1008-1028 Caro/an Ave. & 10074025 Rollins Rd. Measures prescribe mitigation measures to reduce impacts to a less than significant level. The identified mitigation measures shall be implemented. Work may proceed on other parts of the project site while mitigation for paleontological resources or geologic features is carried out. Upon completion of the paleontological assessment, a report shall be submitted to the City and, if paleontological materials are recovered, a paleontological repository, such as the University of California Museum of Paleontology. MM CUL -1.2; Undiscovered Cultural Resources. A testing program to assess the potential presence or absence of undiscovered cultural resources shall be mplemented by a qualified archaeologist after all buildings and other materials obscuring the ground surface have been removed, but before any construction related grading or trenching, in order to search for possible buried archaeological resources. In the event archaeological deposits are discovered, work shall be halted within a sensitivity zone to be determined by the archaeologist. The archaeologist shall prepare a plan for evaluation of the resource to the California Register and submit the plan to the City's Planning Manager for review and approval prior to any construction related earthmoving within the identified zone of archaeological sensitivity. The plan shall also include appropriate recommendations regarding the significance of the find and the appropriate mitigation. The identified mitigation shall be implemented and can take the form of limited data retrieval through hand excavation coupled with continued archaeological monitoring inside of the archaeologically sensitive zone to ensure that significant data and materials are recorded and/or removed for analysis. Monitoring also serves to identify and thus limit damage to human remains and associated grave goods. MM CUL -1.3: Human Remains. Pursuant to Section 7050.5 of the Health and Safety Code and Section 5097.94 of the Public Resources Code of the State of California, in the event of the discovery of human remains during construction, there shall be no further excavation or disturbance of the site within a 100 -foot radius of the remains or any nearby area reasonably suspected to overlie adjacent remains. The San Mateo County Coroner shall be notified and shall make a determination as to whether the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall attempt to identify descendants of the deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to this State law, then the land owner shall re -inter the human remains and tems associated with Native American burials on the property in a location not subject to further subsurface -b- EXHIBIT A - Summary of Environmental Impacts and Mitigation 1008-1028 Carolan Ave. & 10074025 Rollins Rd. Impact Mitigation Measures disturbance. MM CULAA: Report of Archaeological Resources. If archaeological resources are identified, a final report summarizing the discovery of cultural materials shall be submitted to the City's Planning Manager prior to issuance of building permits. This report shall contain a description of the mitigation program that was implemented and its results, including a description of the monitoring and testing program, a list of the resources found and conclusion, and a description of the disposition/cu ration of the resources. Hazardous Materials Impact HAZ-1: Construction workers and future MM HAZAA: Thirty-two above ground lifts were noted in residences could be exposed to contaminated soils and the auto servicing areas of CalBay Collision, Anchor Auto groundwater located on-site. Body & Detailing, Hyundai of Burlingame, Chilton Auto Body, Topline Automobile, and Cammisa Motor Car Less Than Significant Impact with Mitigation Company. Seven below ground lifts were observed inside Incorporated the auto servicing area of CalBay Collision. Two above- ground auto lifts, two capped grouted lifts and six former lifts were noted at Chilton auto body. The existing lifts shall be removed in accordance with local regulations. Selective sampling shall also be conducted to confirm that residual contamination, if present, does not exceed residential ESLs and RSLs. MM HAZ-1.2: A Health and Safety Plan (HSP) shall be developed to establish appropriate protocols for working in contaminated materials. Workers conducting Site investigation and earthwork activities in areas of contamination shall complete a 40 -hour HAZWOPER training course (29 CFR 1910.120 1), including respirator and personal protective equipment training. Each contractor will be responsible for the health and safety of their employees as well as for compliance with all applicable federal, state, and local laws and guidelines. This document shall be provided to the City and the oversight agency prior to issuance of demolition and grading permits. MM HAZ-1.3: A Ground Water Management Plan shall be prepared to evaluate water quality and discharge/disposal alternatives, the pumped water shall not be used for on-site dust control or any other on-site use. If long-term dewatering is required, the means and methods to extract, treat and dispose of ground water also shall be presented. MM HAZ-1.4: Some components encountered as part of the building demolition waste stream may contain hazardous materials. Universal wastes, lubrication fluids, CFCs, and HCFC's shall be removed before structural demolition begins. Materials that may result in possible risk to human health and the environment when improperly managed include lamps, thermostats, and light switches containing mercury, batteries from exit signs, emergency lights, and smoke alarms; lighting ballasts EXHIBIT A —Summary of Environmental Impacts and Mitigation 10084028 Carolan Ave. & 1007-1025 Rollins Rd. R which contain PCBs; and lead pipes and roof vent flashings. Demolition waste such as fluorescent lamps, PCB ballasts, lead acid batteries, mercury thermostats, and lead flashings have special case-by-case requirements for generation, storage, transportation, and disposal. Before disposing of any demolition waste, the Owner, Developer and Demolition Contractor shall determine if the waste is hazardous and shall ensure per disposal of waste materials. MM HAZ-1.5: Significant quantities of asphalt concrete (AC) grindings, aggregate base (AB), and Portland Cement Concrete (PCC) will be generated during demolition activities. AC/AB grindings shall not be reused beneath building areas. MM HAZ-1.5: During demolition and construction activities, contaminated material may be encountered. A Soil Management Plan (SMP), prepared by ENGEO, establishing management practices for handling contaminated soil, groundwater, or other materials for the site has been approved by the San Mateo County Environmental Health Department. The SMP (refer to Appendix H) includes the following protocols and safety measures: ENGEO will provide full-time observation services during demolition and grading activities. Soils encountered across the entire property will be observed for discoloration/staining or olfactory evidence of contaminant impacts, with particular attention given to the location of identified soil impacts. In the event unforeseen environmental conditions, such as those listed above, are encountered during demolition and pre -grading work, the site SMP shall be implemented. Once the buildings on-site have been demolished and the debris removed from the site, the soil beneath the buildings in the area of the planned underground parking structure will be characterized for removal to the appropriate landfill. The findings from this study wilI be used to begin to quantify the soil for the various disposal options prior to beginning the excavation. Refer to the SMP in Appendix H for a full methodology on soil characterization. Primarily, visual and olfactory evidence will be used to screen for contaminated soil; however, aphoto- ionization detector (PID) will also be used to further screen soils for potential contaminates, as well as ambient air during excavation work. The specific locations of air monitoring will be field -adjusted based on potential access and safety limitations, but will generally include within the excavation area, along with the perimeter of the excavation. PID readings will generally be taken at least every hour and whenever EXHIBIT A —Summary of Environmental Impacts and Mitigation 1008-1028 Carolan Ave. & 10074025 Rollins Rd. suspect material is encountered. Refer to Appendix H for a complete methodology of the PID screenings. With regard to ambient air screening, any PID reading for volatile organics that is 10 ppm above background for more than three minutes will result in a stop work order. Background shall be determined at the beginning of the day prior to excavation activities. Work shall not continue until PID readings have attenuated below the action level. The PID will provide real-time data on the presence of potentially hazardous compounds to provide for proper selection of Personnel Protection Equipment (PPE). The nitial PPE will be Level D (modified) which includes safety glasses, hard hat, steel -toed boots, gloves, hearing protection, and high visibility vests. In the unlikely event significant unforeseen environmental conditions are discovered, work shall stop and San Mateo County Environmental Health will be contacted. A primary and backup PID unit will be maintained onsite for the duration of fieldwork. Each unit will be fully charged and calibrated daily. Work activities shall be conducted Monday through Friday between 7:00 AM and 6:00 PM. Excavation will be performed using a combination of scrapers, backhoes, track -mounted excavators and/or loaders. The contractor wilI adhere to OSHA guidelines. If excavations require shoring, it will be provided by the contractor. • The development will include an engineered cut of up to six (6) to nine (9) feet below the ground surface in the northern portion of the site for the construction of the underground parking. Prior to beginning the excavation, the soil in the planned excavation area will be characterized to determine the appropriate disposal options and to allow for excavation and off -haul without first stockpiling on site. A PID will be used to screen soils during the excavation. Also, if soils exhibiting evidence of environmental impact (e.g., odor or staining) are identified at the proposed margins or bottom of the excavation, the excavation shall be advanced to a greater depth and/or lateral dimension as appropriate until impacted soils exhibiting evidence of mpact have been removed. Impacted soils, if encountered, will be stockpiled onsite. To prevent potential impacts to underlying soils or surfaces, stockpiles shall be placed on 10-milimeter (mil) plastic sheeting, as appropriate. The soil stockpiles shall be covered with 10 -mil plastic sheeting and secured to prevent dust or runoff during storm events. Appropriate dust control and stormwater best management practices (BMPs) shall be implemented during the soil mitigation -g- EXHIBIT A -Summary of Environmental Impacts and Mitigation 10084028 Carolan Ave. & 10074025 Rollins Rd. The soil stockpiles shall be profiled for landfill disposal in general accordance with the "CAL -EPA Department of Toxic Substances Control (DTSC) Information Advisory — Clean Imported Fill Material' document. The specific laboratory profile will be determined prior to excavation activities; however, it is anticipated that as a minimum, the stockpile samples will be analyzed for Total Petroleum Hydrocarbons as diesel and motor oil with ca gel cleanup (EPA 8015) and CAM 17 metals (EPA 601013). • Where impacted soils are encountered and removed, verification samples shall be collected from the resulting excavations. Sample areas exhibiting levels (see list below) in excess of the corresponding screening levels wilI be excavated an additional 12 inches vertically and aterally, with subsequent confirmation sampling. This process shall continue until all concentrations are below the applicable screening levels. Discrete soil samples shall be recovered from the center of 20 by 20 foot excavation grids identified with soil mpact for laboratory testing (minimum one base sample per excavation). Sample grids exhibiting COPCs in excess of the corresponding residential ESLs will be excavated an additional twelve inches vertically with subsequent confirmation sampling. A minimum of one sample shall be recovered for each sidewall on a 20 lineal foot basis. Sidewall samples shall be recovered from the mid -paint of the sidewall on a three vertical foot interval. This process shall continue until the laboratory testing shows that the soil left in place is below the corresponding ESLs. If groundwater is encountered within any remedial excavation, a grab water sample will be recovered in addition to the base sample(s). Refer to Appendix H for a full methodology of the verification sampling. It is anticipated that following soil stockpiling and characterization of impacted materials, these soil materials will be transported to an appropriate landfill facility. Prior to off-site disposal, soils shall be sampled and characterized. A minimum of one stockpile sample wilI be collected. As necessary, one sample per 250 cubic yards of stockpile volume will be collected. MM HAZ-1.7: Upon completion of the soil excavation, confirmation sampling and backfill, a final report documenting work for submittal to the County of San Mateo Environmental Health Department. The report will nclude details regarding soil excavation, sampling, and andfill disposal documentation. MM HAZ-1.8: A permit may be required for facility closure ., demolition, removal, or abandonment) of any facility or portion of a facility (e.g., lab) where hazardous -10- EXHIBIT A — Summary of Environmental Impacts and Mitigation 10084028 Carolan Ave. & 1007-1025 Rollins Rd. Impact Mitigation Measures materials are used or stored. The Property Owner and/or Developer shall contact the Fire Department and San Mateo County Environmental Health Department to determine facility closure requirements prior to building demolition. MM HAZ-1.9: Due to the age of the on-site structures, building materials may contain asbestos. Because demolition of the buildings is planned, an asbestos survey is required by local authorities and/or National Emissions Standards for Hazardous Air Pollutants (NESHAP) guidelines. NESHAP guidelines require the removal of potentially friable asbestos containing building materials prior to building demolition or renovation that may disturb these materials. MM HAZ-1.10: The Consumer Product Safety Commission banned the use of lead as an additive in paint in 1978. Based on the age of the buildings, lead- based paint may be present. Because demolition is planned, the removal of lead-based paint is not required if it is bonded to the building materials. However, if the lead-based paint is flaking, peeling, or blistering, it shall be removed prior to demolition. In either case, applicable OSHA regulations must be followed; these include requirements for worker training, air monitoring and dust control, among others. Any debris or soil containing lead must be disposed appropriately. %Geol % ' Impact GEO-1: The presence of undocumented fill and MM GEO-1.1: The project shall be designed and expansive soils on-site would damage future buildings and constructed in conformance with the recommendations in improvements on-site unless mitigations are incorporated. the design -level geotechnical report prepared for the project and peer review (see Appendix 1), which includes the removal and replacement of undocumented fill with engineered fill; measures addressing construction dewatering, hydrostatic uplift, and building waterproofing; and seismic design standards. -11- EXHIBIT "B" CONDITIONS OF APPROVAL 1008-1028 CAROLAN AVENUE & 1007-1025 ROLLINS ROAD RESIDENTIAL PROJECT Conditions of approval for Design Review, Vesting Tentative Map to merge and subdivide the existing four parcels, Condominium Permit and Tentative Condominium Map, Conditional Use Permits, Special Permits, Demolition Permit Exception, and Fence Height Exception: CONDITIONS: 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped Max, 19, 2015, sheets A0.0 through A5.4, L1.1 through L6.1, and TM 1.0 through TM 8.1; 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, shall require an amendment to this permit; 4, that any 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 staff); 5, that the townhome units shall incorporate aluminum clad wood windows with divided or simulated true divided lites 6, that the maximum elevation at the top of the roof ridge shall not exceed elevation 61'-6" as measured from the average elevation at the top of the curb along Carolan Avenue (9'- 6'), and that the top of each floor and final roof ridge shall be surveyed and approved by the City Engineer as the framing proceeds and prior to final framing and roofing inspections. Should any framing exceed the stated elevation it shall be removed or adjusted so that the final height of the structure with roof shall not exceed the maximum height shown on the approved plans; 7, that the project shall include the following Transportation Demand Management Measures as proposed in the project description provided by the applicant dated July 11, 2014: a. Four electric vehicle charging stations b. Preparation for ten additional electric vehicle charging stations for apartments EXHIBIT B - CONDITIONS OF APPROVAL 1008-1028 Caro/an Ave. & 1007-1025 Rollins Rd. c. Preparation for electric vehicle charging outlet in all townhome garages d. Provision for two -car -sharing vehicle spaces (e.g., Zipcar) e. 134 secure guest bicycle parking spaces f. Bike repair station g. Tenant web portal for carpooling h. Business center and conference room for telecommuting. 8. that as a community benefit, the project shall include 29 "Moderate Income" rental units, in conjunction with allowance for up to 152 compact parking spaces. The City Manager shall be authorized to execute an agreement with the applicant, with the provision that the units be affordable to households of "Moderate Income" category as defined as earning a maximum of 120% of San SMateo County Area Median Income (AMI), for a period of at least twenty-five (25) years; 9. that the City Manager will be authorized o negotiate a Use Agreement with the .applicant to formalize the work share space, in the apartment building to be available for community use by local community organizations consistent with the community meeting room use eligibility criteria set forth by the Burlingame Public Library. 10. that the conditions of the Building Division's June 13, 2014, May 14, 2014 and March 20, 2014 memos, the Park's Division's May 25, 2014 memo, , the Engineering Division's June 19, 2014 memo, and the Fire Division's June 16, 2014 and March 24, 2014 memos shall be met; 11. that prior to issuance of a building permit for the project, the applicant shall pay the first half of the public facilities impact fee in the amount of $644,609.00, made payable to the City of Burlingame and submitted to the Planning Division; 12. that prior to scheduling the final framing inspection, the applicant shall pay the second half of the public facilities impact fee in the amount of $644,609.00, made payable to the City of Burlingame and submitted to the Planning Division; 13, 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; 14. that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building 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, except as provided under Condition of Approval #12 and/or unless applicant produces evidence, to the satisfaction of the Community Development Director, that special circumstances exist to warrant early demolition, in accordance with the provisions of Burlingame Municipal Code Chapter 18.07.065; EXHIBIT B — CONDITIONS OF APPROVAL 1008-1028 Carolan Ave. 6 1007-1025 Rollins Rd. 15. that early demolition and grading permits shall be issued in advance of a building permit to implement MM HAZ-1.1 through MM HAZ-1.6 in order to prepare the required report to comply with MM HAZ-1.7. Prior to issuance of the demolition and grading permits, the applicant will provide evidence that it is having plans prepared for the project for which the demolition is intended; 16. 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 is kept on site; 17. that storage of construction materials and equipment on the street or in the public right- of-way shall be prohibited; 18. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; 19. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2013 Edition, as amended by the City of Burlingame; holidays; 21. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance: 22. 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; 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. 23. that a construction traffic management plan shall be submitted to the City for approval V rior to the issuance of a demolition permit which addresses: (1) construction vehicle and delivery routes to and from the project site, including streets providing the safest access and having the least impact on existing traffic, and (2) additional traffic control such as signals, warning signs or flaggers to facilitate vehicular and pedestrian movement during construction activities. The following four (4) conditions shall be met during the Building Inspection process prior to the inspections noted in each condition: 24. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners, set the building envelope; 25. 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 3 EXHIBITS - CONDITIONS OF APPROVAL 1008-1028 Carolan Ave. & 1007-1025 Rollins Rd. 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; 26. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Division; 27. 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; provisions:: Mitigation Measures from Environmental Impact Report: 29. MM NOIA.1: The proposed project includes a six-foot tall, acoustical glass fence at the opening of the central courtyard along the northern boundary of the project site to shield the outdoor use area from traffic noise along Carolan Avenue. The total length of the proposed fence would be approximately 45.5 feet, stretching from unit 2A to unit 1G, with approximately 3.5 feet used as an access gate. The proposed fence shall be continuous from grade to top, with no cracks or gaps, and have a mum surface density of three pounds per square feet [e.g., one -inch thick marine -grade plywood, %-inch laminated glass, concrete masonry units (CMU)]. A fence height of six feet would be sufficient for reducing noise levels to 60 dBA CNEL or less. The fence height shall be measured relative to the elevation of the central courtyard. 30. MM N0 I-1.2: At the time of final site design, a qualified acoustical consultant shall review the final site plan, building elevations, and floor plans prior to issuance of a building permit and project construction to calculate expected interior noise levels. Specific acoustical analyses shall be completed to confirm that the final site design results in interior noise levels reduced to 45 dBA CNEL or lower for all floors in each building on the project site. Buildings on the project site would need sound -rated construction methods and building facade treatments to maintain interior noise levels at or below acceptable levels. These treatments could include, but are not limited to, sound -rated windows and doors, sound -rated wall constructions, acoustical caulking, and protected ventilation openings. Implementation of these measures will result in EXHIBIT B -CONDITIONS OF APPROVAL 10084028 Carolan Ave. & 10074025 Rollins Rd. reductions of at least 33 dBA CNEL in interior noise levels nearest US 101 having the worst-case noise exposure, which will achieve resulting interior noise levels of 45 dBA 'NEL or less at the units. Similarly, interior noise levels within the remaining units have a relatively lower future noise exposures will also be maintained at or below 45 dBA CNEL with the implementation of these measures. The specific determination of what noise insulation treatments are necessary shall be conducted on a unit -by -unit basis during final design of the project. Results of the analysis, including the description of the necessary noise control treatments, shall be submitted to the City along with the building plans and approved design prior to issuance of a building permit. 31. MM NOI-1.3: Building sound insulation requirements shall include the provision of forced -air mechanical ventilation for all perimeter residential units so that windows could be kept closed at the occupant's discretion to control noise. 32. MM NOI-2.1: The project shall implement the following standard construction best management practices during all phases of construction: • Equip all internal combustion engine -driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. • Unnecessary idling of internal combustion engines shall be strictly prohibited. • Locate stationary noise -generating equipment, such as air compressors or portable power generators, as far as possible from sensitive receptors. Construct temporary noise barriers to screen stationary noise -generating equipment when located near adjoining sensitive land uses. Temporary noise barriers could reduce construction noise levels by five dBA. • Utilize "quiet" air compressors and other stationary noise sources where technology exists. • Control noise from construction workers' radios to a point where they are not audible at existing residences bordering the project site. • The contractor shall prepare a detailed construction plan identifying the schedule for major noise -generating construction activities. The construction plan shall identify a procedure for coordination with adjacent residential land uses so that construction activities can be scheduled to minimize noise disturbance. • Designate a "disturbance coordinator" who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the EXHIBIT B - CONDITIONS OF APPROVAL 1008-1028 Carolan Ave. & 1007-1025 Rollins Rd. construction site and include in it the notice sent to neighbors regarding the construction schedule. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, Air Quality 33. MM AIR -1.1: The project shall implement the following standard BAAQMD dust control measures during all phases of construction on the project site: All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. • 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. • All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (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. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes [as required by the California Airborne Toxics Control Measure Title 13, Section 2485 of California Code of Regulations (CCR)]. Clear signage shall be provided for construction workers at all access points. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. A publicly visible sign shall be posted with the telephone number and person to contact at the City of Burlingame regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Bay Area Air Quality Management Air District's phone number shall also be visible to ensure compliance with applicable regulations 34. MM AIR -2.1: All diesel -powered off-road equipment larger than 50 horsepower and operating at the site for more than two days continuously shall meet US EPA particulate matter emission standards for Tier 2 engines or equivalent. 35. MM AIR -2.2: All portable pieces of construction equipment (i.e., air compressors, cement mixers, concrete/industrial saws, generators, and welders) shall meet US EPA particulate matter emissions standards for Tier 4 engines or equivalent. 36. MM AIR -2.3: Avoid staging diesel -powered equipment within 100 feet of adjacent residences. 37. MM AIR -3.1: Install air filtration for residential units that have predicted cancer risks in E^ EXHIBIT B - CONDITIONS OF APPROVAL 10084028 Carolan Ave. & 10074025 Rollins Rd, excess of 10 in one million or PM2.5 concentrations above 0.3 micrograms per cubic meter (pg/m3) from either US 101 or the Caltrain rail line. Air filtration devices shall be rated MERV13 or higher. To ensure adequate health protection to sensitive receptors, a ventilation system shall meet the following minimal design standards (Department of Public Health, City and County of San Francisco, 2008): 7 • A MERV13 or higher rating; • At least one air exchanges(s) per hour of fresh outside filtered air; and • At least four air exchange(s) per hour recirculation. Alternately, at the approval of the City, equivalent control technology may be used if it is shown by a qualified air quality consultant or heating, ventilation, and air conditioning (HVAC) engineer that it would reduce risk below significance thresholds. 38. MM AIR -3.2: Require an ongoing maintenance plan for the buildings' HVAC air filtration system. Recognizing that emissions from air pollution sources are decreasing, the maintenance period shall last as long as significant excess cancer risk or annual PM2.5 exposures are predicted. Subsequent studies shall be conducted by an air quality expert approved by the City to identify the ongoing need for the filtered ventilation systems as future information becomes available. 39. MM AIR -3.3: Ensure that the lease agreement and other property documents (e.g., CC&Rs): • Require cleaning, maintenance, and monitoring of the affected units for air flow leaks; • Include assurance that new owners and tenants are provided information on the ventilation system; and • Include provisions that fees associated with owning or leasing a unit(s) in the building include funds for cleaning, maintenance, monitoring, and replacements of the filters, as needed. 40. MM AIR -3.4: Require that, prior to building occupancy, an authorized air pollutant consultant or HVAC engineer verify the installation of all necessary measures to reduce toxic air contaminant (TAC) exposure. 41. MM AIR -3.5: The type of MERV-rated filtration required to be installed as part of the ventilation system in the residential building shall be as follows: • A minimum of MERV13 shall be installed unless the increased cancer risk can be demonstrated to be less than 10 in one million; and • MERV16 filtration shall be utilized for areas where the increased cancer risk is greater than 20.0 in one million for unmitigated cancer risks. • Note that PM2.5 concentrations at all sensitive receptor locations across the site would also be reduced to a level of less than significant by using MERV13 and 7 EXHIBIT B - CONDITIONS OFA ROVAL 1008-1028 Carolan Ave. & 10074025 Rollins Rd. MERV16 filters necessary to mitigate excess cancer risk. Biological Resources 42. MM BIO -1.1: Avoidance and Inhibit Nesting. Construction and tree removal/pruning activities shall be scheduled to avoid the nesting season to the extent feasible. If feasible, tree removal and/or pruning shall be completed before the start of the nesting season to help preclude nesting. The nesting season for most birds and raptors in the San Francisco Bay area extends from 1 February through 31 August. 43. MM BIO -1.2: Preconstruction Survev(s). If it is not possible to schedule construction activities between 1 September and 31 January then a qualified ornithologist shall conduct a preconstruction survey to identify active bird nests that may be disturbed during project construction. This survey shall be completed no more than seven (7) days prior to the initiation of demolition/construction activities (including tree removal and pruning). During this survey, the ornithologist shall inspect all trees and other possible nesting habitats in and immediately adjacent to the construction areas for nests. If the survey does not identify any nesting birds that would be affected by construction activities, no further mitigation is required. If an active nest is found suff iciently close to work areas to be disturbed by these activities, the ornithologist (in consultation with the CDFW) shall designate a construction -free buffer zone (typically 300 feet for raptors and 100 feet for non -raptors) to be established around the nest to ensure that no nests of species protected by the FMBTA and California Fish and Game Code will be disturbed during construction activities. The buffer shall remain in place until a qualified ornithologist has determined that the nest is no longer active. 44. MM 13I0 -1.3: Reporting. A final report on nesting birds and raptors, including survey methodology, survey date(s), map of identified active nests (if any), and protection measures (if required), shall be submitted to the Planning Manager and be completed to the satisfaction of the Community Development Director prior to the start of grading. Cultural Resources 45. MM CUL -1.1: Unique Paleontological and/or Geologic Features and Reporting. Should a unique paleontological resource or site or unique geological feature be identified at the project site during any phase of construction, all ground disturbing activities within 25 feet shall cease and the City Planning Manager notified immediately. A qualified paleontologist shall evaluate the find and prescribe mitigation measures to reduce impacts to a less than significant level. The identified mitigation measures shall be implemented. Work may proceed on other parts of the project site while mitigation for paleontological resources or geologic features is carried out. Upon completion of the paleontological assessment, a report shall be submitted to the City and, if paleontological materials are recovered, a paleontological repository, such as the University of California Museum of Paleontology. f:3 EXHIBIT B - CONDITIONS OFAPPROVAL 1008-1028 Carolan Ave. & 10074025 Rollins Rd, 46. MM CUL -1.2: Undiscovered Cultural Resources. A testing program to assess the potential presence or absence of undiscovered cultural resources shall be implemented by a qualified archaeologist after all buildings and other materials obscuring the ground surface have been removed, but before any construction related grading or trenching, in order to search for possible buried archaeological resources. In the event archaeological deposits are discovered, work shall be halted within a sensitivity zone to be determined by the archaeologist. The archaeologist shall prepare a pIan for evaluation of the resource to the California Register and submit the plan to the City's Planning Manager for review and approval prior to any construction related earthmoving within the identified zone of archaeological sensitivity. The plan shall also include appropriate recommendations regarding the significance of the find and the appropriate mitigation. The identified mitigation shall be implemented and can take the form of limited data retrieval through hand excavation coupled with continued archaeological monitoring inside of the archaeologically sensitive zone to ensure that significant data and materials are recorded and/or removed for analysis. Monitoring also serves to identify and thus limit damage to human remains and associated grave goods. 47. MM CUL -1.3: Human Remains. Pursuant to Section 7050.5 of the Health and Safety Code and Section 5097.94 of the Public Resources Code of the State of California, in the event of the discovery of human remains during construction, there shall be no further excavation or disturbance of the site within a 100 -foot radius of the remains or any nearby area reasonably suspected to overlie adjacent remains. The San Mateo County Coroner shall be notified and shall make a determination as to whether the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall attempt to identify descendants of the deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to this State law, then the land owner shall re -inter the human remains and items associated with Native American burials on the property in a location not subject to further subsurface disturbance. 48. MM CUL -1.4: Report of Archaeological Resources. If archaeological resources are identifiedI a final report summarizing the discovery of cultural materials shall be submitted to the City's Planning Manager prior to issuance of building permits. This report shall contain a description of the mitigation program that was implemented and its results, including a description of the monitoring and testing program, a list of the resources found and conclusion, and a description of the disposition/curation of the resources. Hazardous Materials 49. MM HAZ-1.1: Thirty-two above ground lifts were noted in the auto servicing areas of CalBay Collision, Anchor Auto Body &Detailing, Hyundai of Burlingame, Chilton Auto Body, Topline Automobile, and Cammisa Motor Car Company. Seven below ground lifts were observed inside the auto servicing area of CalBay Collision. Two above -ground auto lifts, two capped grouted lifts and six former lifts were noted at Chilton auto body. 9 EXHIBIT B- CONDITIONS OF APPROVAL 1008-1028 Carolan Ave. & 10074025 Rollins Rd. The existing lifts shall be removed in accordance with local regulations. Selective sampling shall also be conducted to confirm that residual contamination, if present, does fi[i not exceed residential ESLs and RSLs. 50. MM HAZA.2: A Health and Safety Plan (HSP) shall be developed to establish appropriate protocols for working in contaminated materials. Workers conducting Site investigation and earthwork activities in areas of contamination shall complete a 40 -hour HAZWOPER training course (29 CFR 1910.120 1), including respirator and personal protective equipment training. Each contractor will be responsible for the health and safety of their employees as well as for compliance with all applicable federal, state, and local laws and guidelines. This document shall be provided to the City and the oversight agency prior to issuance of demolition and grading permits. 51. MM HAZA.3: A Ground Water Management Plan shall be prepared to evaluate water quality and discharge/disposal alternatives; the pumped water shall not be used for on- site dust control or any other on-site use. If long-term dewatering is required, the means and methods to extract, treat and dispose of ground water also shall be presented. 52. MM HAZAA: Some components encountered as part of the building demolition waste stream may contain hazardous materials. Universal wastes, lubrication fluids, CFCs, and HCFC's shall be removed before structural demolition begins. Materials that may result in possible risk to human health and the environment when improperly managed include lamps, thermostats, and light switches containing mercury; batteries from exit signs, emergency lights, and smoke alarms; lighting ballasts which contain PCBs; and lead pipes and roof vent flashings. Demolition waste such as fluorescent lamps, PCB ballasts, lead acid batteries, mercury thermostats, and lead flashings have special case- by-case requirements for generation, storage, transportation, and disposal. Before disposing of any demolition waste, the Owner, Developer and Demolition Contractor shall determine if the waste is hazardous and shall ensure proper disposal of waste materials. 53. MM HAZ-1.5: Significant quantities of asphalt concrete (AC) grindings, aggregate base (AB), and Portland Cement Concrete (PCC) will be generated during demolition activities. AC/AB grindings shall not be reused beneath building areas. 54. MM HAZ-1.6: During demolition and construction activities, contaminated material may be encountered. A Soil Management Plan (SMP), prepared by ENGEO, establishing management practices for handling contaminated soil, groundwater, or other materials for the site has been approved by the San Mateo County Environmental Health Department. The SMP (refer to Appendix H) includes the following protocols and safety measures: • ENGEO will provide full-time observation services during demolition and grading activities. Soils encountered across the entire property will be observed for discoloration/staining or olfactory evidence of contaminant impacts, with particular attention given to the location of identified soil impacts. In the event unforeseen environmental conditions, such as those listed above, are fi[i EXHIBIT B- CONDITIONS OF APPROVAL 10084028 Carolan Ave. & 10074025 Rollins Rd, encountered during demolition and pre -grading work, the site SMP shall be implemented. • Once the buildings on-site have been demolished and the debris removed from the site, the soil beneath the buildings in the area of the planned underground parking structure will be characterized for removal to the appropriate landfill. The findings from this study will be used to begin to quantify the soil for the various disposal options prior to beginning the excavation. Refer to the SMP in Appendix H for a full methodology on soil characterization. • Primarily, visual and olfactory evidence will be used to screen for contaminated soil; however, a photo -ionization detector (PID) will also be used to further screen soils for potential contaminates, as well as ambient air during excavation work. The specific locations of air monitoring will be field -adjusted based on potential access and safety limitations, but will generally include within the excavation area, along with the perimeter of the excavation. PID readings will generally be taken at least every hour and whenever suspect material is encountered. Refer to Appendix H for a complete methodology of the PID screenings. With regard to ambient air screening, any PID reading for volatile organics that is 10 ppm above background for more than three minutes will result in a stop work order. Background shall be determined at the beginning of the day prior to excavation activities. Work shall not continue until PID readings have attenuated below the action level. The PID will provide real-time data on the presence of potentially hazardous compounds to provide for proper selection of Personnel Protection Equipment (PPE). The initial PPE will be Level D (modified) which includes safety glasses, hard hat, steel -toed boots, gloves, hearing protection, and high visibility vests. In the unlikely event significant unforeseen environmental conditions are discovered, work shall stop and San Mateo County Environmental Health will be contacted. A primary and backup PID unit will be maintained onsite for the duration of fieldwork. Each unit will be fully charged and calibrated daily. Work activities shall be conducted Monday through Friday between 7:00 AM and 6:00 PM. Excavation will be performed using a combination of scrapers, backhoes, track -mounted excavators and/or loaders. The contractor will adhere to OSHA guidelines. If excavations require shoring, it will be provided by the contractor. • The development will include an engineered cut of up to six (6) to nine (g) feet below the ground surface in the northern portion of the site for the construction of the underground parking. Prior to beginning the excavation, the soil in the planned excavation area will be characterized to determine the appropriate disposal options and to allow for excavation and off -haul without first stockpiling on site. 11 EXHIBIT B- CONDITIONS OF APPROVAL 1008-1028 Carolan Ave. & 10074025 Rollins Rd. A PID will be used to screen soils during the excavation. Also, if soils exhibiting evidence of environmental impact (e.g,, odor or staining) are identified at the proposed margins or bottom of the excavation, the excavation shall be advanced to a greater depth and/or lateral dimension as appropriate until impacted soils exhibiting evidence of impact have been removed. 55. MM HAZ-1.7: Upon completion of the soil excavation, confirmation sampling and backfill, a final report documenting work for submittal to the County of San Mateo Environmental Health Department. The report will include details regarding soil excavation, sampling, and landfill disposal documentation. 56. MM HAZ-1.8: A permit may be required for facility closure (i.e., demolition, removal, or abandonment) of any facility or portion of a facility (e.g., lab) where hazardous materials are used or stored. The Property Owner and/or Developer shall contact the Fire Department and San Mateo County Environmental Health Department to determine facility closure requirements prior to building demolition. 57. MM HAZ-1.9: Due to the age of the on-site structures, building materials may contain asbestos. Because demolition of the buildings is planned, an asbestos survey is required by local authorities and/or National Emissions Standards for Hazardous Air Pollutants (NESHAP) guidelines. NESHAP guidelines require the removal of potentially friable asbestos containing building materials prior to building demolition or renovation that may disturb these materials. 58. MM HAZ-1.10: The Consumer Product Safety Commission banned the use of lead as an additive in paint in 1978. Based on the age of the buildings, lead-based paint may be present. Because demolition is planned, the removal of lead-based paint is not required if it is bonded to the building materials. However, if the lead-based paint is flaking, peeling, or blistering, it shall be removed prior to demolition. In either case, applicable OSHA regulations must be followed; these include requirements for worker training, air monitoring and dust control, among others. Any debris or soil containing lead must be disposed appropriately. Geology 59. MM GEO-1.1: The project shall be designed and constructed in conformance with the recommendations in the design -level geotechnical report prepared for the project and peer review (see Appendix 1), which includes the removal and replacement of undocumented fill with engineered fill; measures addressing construction dewatering, hydrostatic uplift, and building waterproofing; and seismic design standards. 12