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.
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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.
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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.
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