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HomeMy WebLinkAboutReso - CC - 105-20042 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 105-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR THE PENINSULA HOSPITAL REPLACEMENT PROJECT, AFFIRMING APPROVAL OF CONDITIONAL USE PERMITS FOR USES IN UNCLASSIFIED ZONE, STRUCTURES OVER 35 FEET TALL IN C-1 DISTRICT, AND HEALTH SERVICE USE IN TROUSDALE AREA OF C-1 DISTRICT AND DESIGN REVIEW FOR NEW STRUCTURES IN C-1 DISTRICT PROPERTY OWNERS: PENINSULA HEALTH CARE DISTRICT (formerly Peninsula Hospital District) AND MILLS -PENINSULA HEALTH SERVICES APNs 025-123-040, 025-123-100, 025-123-120, 025-123-130, 025-144-190, AND 025-201-110 RESOLVED by the CITY COUNCIL of the CITY of BURLINGAME that: WHEREAS, Mills -Peninsula Health Services applied for various planning approvals for development of the property at the corner of El Camino Real and Trousdale Drive, encompassing six (6) parcels of real property in Burlingame, California in October 2002; and A. CEQA AND REVIEW PROCESS WHEREAS, the Peninsula Health Care District ("District') requested the City of Burlingame to act as lead agency forpurposes of the California Environmental QualityAct (CEQA); and WHEREAS, Mills -Peninsula Health Services, with the consent of the District, filed an application with the City on October 29, 2002, for conditional use permits to allow the construction of a replacement hospital and a medical office building on the property located between Marco Polo Drive and El Camino Real and Trousdale Drive in the City; and WHEREAS, the City prepared an initial study indicating that there were potential adverse impacts under CEQA from the project; and WHEREAS, on June 30, 2003, Notice ofPreparafion of an EIR for the project was provided to the California Office of Planning & Research; and WHEREAS, the City has had ongoing consultations with concerned public agencies, including the PeninsulaHealth Care District, the Federal Aviation Administration, Caltrans, and City County Association of Governments; and 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Planning Commission held a public hearing on the scoping of the EIR on July 14, 2003, and provided direction on the issues to be covered in the EIR; and WHEREAS, the Planning Commission held a public hearing on the Draft EIR on February 23, 2003, during the public comment period on the Draft EIR provided under CEQA; and WHEREAS, a subcommittee of the Planning Commission has worked with the applicant to develop alternative site plans and ideas over the past 2 years; and WHEREAS, in response to the Draft EIR, public and Commission comments, the applicant significantly revised the project, and the City prepared a Revised Draft EIR to review the revised project's potential impacts; and WHEREAS, the Planning Commission held a public hearing on the Revised Draft EIR on July 26, 2004, during the public comment period on the Revised Draft EIR provided under CEQA; MOT91 WHEREAS, the Draft EIR was circulated for public review and comment from January 21, 2004 to March 6, 2004, and the Revised Draft EIR was circulated for public review and comment from June 30, 2004 to August 13, 2004; and WHEREAS, on August 30, 2004, the City Council held a duly noticed, joint study meeting of the project with the Planning Commission, at which time the Council and the Commission received public comment from all interested persons who wished to attend the meeting; and WHEREAS, on September 27, 2004, the Planning Commission held a duly noticed, public hearing on the project, which had been refined and altered and was now subject to conditions of approval as outlined in Exhibit E, and Revised Draft EIR; and WHEREAS, the Planning Commission continued the project application during the month of October 2004, so the applicant could meet with interested persons regarding the property, provide additional details regarding the project, and receive and consider public concerns outside a formalized hearing process, and out ofthose meetings, the applicant and the City have proposed new and amended conditions and changes to the project designed to address many of the concerns and suggestions that were raised; and WHEREAS, as described in Planning Commission Resolution No. 96-2004, on October 25, 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2004, the Planning Commission unanimously found that the Final Environmental Impact Report for the project, consisting of the Draft EIR, the Response to Comments Documents, and the Revised Draft EIR dated June 30, 2004, was completed pursuant to CEQA Guidelines section 15090, and recommended that the Council certify the Final EIR; and WHEREAS, on November 15, 2004, the City Council held a duly noticed public hearing on the Final Environmental Impact Report and the proposed project as reviewed and approved by the Planning Commission, at which time the City Council received all testimony and documentation presented by all interested persons; and WHEREAS, the City Council has considered the testimony and documentation presented for and at the study meeting on August 30, 2004, the testimony and documentation presented for and at the public hearing on November 15, 2004, the complete record ofproceedings before the Planning Commission, including its numerous minutes and the documentation presented to the Commission, and the City staff reports prepared for both the Commission and the Council regarding this project; and WHEREAS, the City Council has considered and discussed the extensive documentation submitted by the applicant and the general public, as well as the documents comprising the Final EIR; and B. CERTIFICATION OF THE FINAL EIR WHEREAS, the Final EIR clearly outlines the proposed proj ect, presents the issues involved in the development of the property and reconstruction of the hospital, analyzes all potentially significant environmental impacts, and identifies appropriate mitigation measures and alternatives as required by CEQA and the CEQA Guidelines (Title 14, Chapter 13 of the California Code of Regulations); and WHEREAS, the Final EIR provides sufficient disclosure of the issues involved as required by CEQA, and the Planning Commission noted that it was one of the best environmental documents that the Commission has seen; and WHEREAS, the extensive public participation in the development of this Final EIR has 1 2 3 4 5I 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provided valuable information and analysis, as well as important changes and alterations to the original and revised projects; and WHEREAS, the Final EIR contains additions, clarifications, modifications and other information in its responses to comments on the Draft EIR and on the Revised Draft EIR and also incorporates information obtained by the City since the Draft EIR and Revised Draft EIR were issued; and WHEREAS, these changes and additional information are not significant new information as that term is defined under the provisions of CEQA because such changes and additional information do not indicate that any new significant environmental impacts not already evaluated would result from the project, and these changes and additional information do not reflect any substantial increase in the severity of any environmental impact; no feasible mitigation measures considerably different from those previously analyzed in and applied by and through the Draft EIR and Revised Draft EIR have been proposed that would lessen significant environmental impacts of the project; and no feasible alternatives considerably different from those analyzed in the Draft EIR and Revised Draft EIR have been proposed that would lessen significant environmental impacts of the project; and WHEREAS, the City and the applicant have applied a number of changes and conditions to the project that will reduce the potential impacts of the two significant impacts that remain, but those conditions have not reduced the potential impacts to less than significant; and WHEREAS, as contemplated by CEQA, the proj ect has continued to be refined through the public review process, with improvements to building design, landscaping, traffic flow and effects, and potential noise sources, but none of these changes constitute substantial changes in the project as defined by CEQA; and WHEREAS, recirculation of the Draft EIR and Revised Draft EIR for further public review and comments is not warranted; and WHEREAS, the Final EIR addresses the significant potential environmental effects of the project in the areas of: (1) visual quality, (2) traffic, (3) noise, (4) air quality; (5) hazardous materials, (6) biological resources; (7) cultural resources; and (8) hydrology and water quality; and !! 1 2 3 4 51 6I 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Final EIR identifies and analyzes two potentially significant and unavoidable adverse environmental impacts that would probably occur from development of the project as revised, as outlined in Exhibit A to this Resolution; and WHEREAS, the environmental analysis detailing those unavoidable, adverse environmental I impacts and the other potential impacts are described in Exhibit A to this resolution; and WHEREAS, the Final EIR details and compares the environmental effects of the project originally analyzed under the Draft EIR and the project that was analyzed in the Revised Draft EIR and was considered by the City Council and the Planning Commission as described in Exhibit B; and WHEREAS, the Final EIR described and analyzed possible alternatives to the project, including the no project alternative, and that analysis is summarized in Exhibit C; and WHEREAS, the hospital is a critical part of the city's economic and technical base so it is appropriate to override for the specific reasons noted in the Statement of Overriding Considerations contained in Exhibit D; and WHEREAS, the Final EIR, consisting of the Draft EIR, the Revised Draft EIR, and the Response to Comments Documents, provides the Council, the City, the public, and responsible agencies with sufficient and thorough information regarding the potentially significant environmental impacts of both the original project and the project as now revised; and WHEREAS, the Final EIR 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 City staff, the Planning Commission, and the City Council; and C. STATEMENT OF OVERRIDING CONSIDERATIONS WHEREAS, the City Council has considered the two potentially significant and unavoidable environmental impacts identified by the Final Environmental Impact Report and the mitigation measures proposed by both the City and the applicant; and WHEREAS, mitigation of noise during construction and demolition has been undertaken through a series of strict conditions, but it is not possible to reduce the potentially significant, 5 2 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 unavoidable impact of such noise to less than significant; and WHEREAS, the mitigation of view impacts from the Davis Drive neighborhood has been undertaken through additional landscaping and design changes, but the siting of the hospital in the most advantageous location makes reduction of the potentially significant, unavoidable impact on views from the Davis Drive neighborhood to less than significant not possible; and WHEREAS, the findings regarding the potentially significant, unavoidable effects identified in the Final EIR contained in the Final EIR and Exhibit A detail and summarize the analysis of those effects and their possible mitigation; and WHEREAS, the Statement of Overriding Considerations contained in Exhibit D hereto weighs the benefits of the proposed development against the unavoidable environmental impacts as defined in CEQA; and WHEREAS, as described in the Statement of Overriding Considerations, these benefits and considerations make the unavoidable environmental impacts acceptable; and D. ZONING AND GENERAL PLAN CONSISTENCY WHEREAS, the initial stage of the project is proposed on property that is to be zoned C- 1 on an interim basis, which is consistent with the surrounding neighborhood uses, and then to be rezoned to Unclassified when title to the property is vested in the Peninsula Health Care District, a public agency, thereby making the project subject to conditional use oversight by the City; and WHEREAS, the Cityjust recently completed a two-year study of the North Burlingame/Rollins Road area as a specific plan area; and WHEREAS, that study involved a community committee and many hours of public outreach, study, analysis, and hearing; and WHEREAS, the North Burlingame/Rollins Road Specific Plan was adopted by the City Council in September 2004 after public hearing and recommendation by the Planning Commission; and WHEREAS, the North Burlingame/Rollins Road Specific Plan recognized the place of the hospital as a linchpin to the economic and social welfare of the community and the Specific 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 K] Plan area; and WHEREAS, the project as recommended by the Planning Commission and considered by the City Council meets and facilitates implementation of the goals and policies of the Specific Plan, in particular in providing open space along El Camino, provides amenities to encourage safe and convenient connection to the Millbrae BART/Caltrain station, a gateway statement of landscaping and art to the City, improvements to roadways and public facilities, and an anchor for the future development of mixed use and multi -family housing in the North Burlingame portion of the Specific Plan area; and WHEREAS, specific general plan matters include the following: 1. The 76 -foot minimum setback, is consistent with the North Burlingame/Rollins Road Specific Plan (Specific Plan) Design Guidelines and Development Standards. The landscaping and sidewalk and pedestrian pathways will preserve and enhance a pedestrian friendly landscaped open space corridor along El Camino Real at this gateway to the City. The project will include approximately 4 acres of landscaped area, with a majority of the landscaped area focused along the Davis Drive property line, the site's southeast corner and the El Camino Real frontage around to the Trousdale intersection. 2. Because the project has been proposed to comply with SB 1953, which requires all hospitals to meet seismic safety standards, the project will be consistent with the applicable policies of the City's Seismic and Safety Element, including Policies SS(B), SS(C), and statements therein regarding structures and utility risks, balanced risk policy and disaster preparedness. 3. The project is consistent with the Other -Institutions General Plan land use designation and the Specific Plan. 4. With regard to General Plan Objectives and Policies, the existing hospital building is a prominent visual landmark for the Davis Drive area. The view impact of the replacement hospital building will increase for some neighbors at the east end of Davis Drive, east of Coronado Way, but the view improvement from the demolition of the existing hospital building, is largely equivalent to and offsetting to any impact of the replacement hospital to other EI 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 neighbors. The project increases the set backs of the hospital building from the Davis Drive neighborhood. With the exception of a single relatively narrow but nonetheless significant, six -story element, comprising patient rooms and an exit stair, the portions of the hospital building closest to the neighborhood range from one to three stories in height. In addition, the area adjacent to the southern property boundary will be landscaped and, subject to approval of the SFPUC, include a landscape berm, to partially screen views of the project from the eastern end of Davis Drive. Given that the project is replacing an existing hospital and office buildings with a new hospital and related facilities including an office building, the project is not introducing additional structures out of context with the area. 5. Land Use Elements. Policy L(E) call for the City to provide for institutional uses including civic buildings, public schools, private schools, churches, and other quasi -public and private institutions. The replacement hospital is specifically recognized in the Specific Plan. The site plan is consistent with the criteria in the Specific Plan. Since the entire project area, upon completion, will be zoned Unclassified, the Zoning Code requires a conditional use permit for the hospital, associated helipad, medical office building, and garage. A conditional use permit is also required in connection with the interim C-1 Zoning. The City conditional use permit process is an appropriate and effective mechanism to review redevelopment of the hospital campus and for authorization of the proposed hospital, medical office building, garage, and helipad. The new replacement hospital, medical office building, garage and associated hetipad are consistent with the continued use of the property for hospital and related medical services anticipated by the General Plan. 6. As to the Open Space Element, Policy OS (C) calls for preservation of important vistas, such as the hillside leading to the Skyline Ridge as seen from the Bay plain, and the Bay as seen from the hillside. Because the new hospital will be placed at a lower elevation, the project may well, in fact, improve the views to and from some neighbors on the hillside leading to the Skyline Ridge and will not significantly affect views from the Bay plain. The project will maintain the site's overall character and strike a reasonable balance consistent with the objectives H 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of maintaining visual corridors and the General Plan policies that support the replacement of the existing hospital with anew seismically safe building as mandated by State law. The project would maintain approximately 4 acres of open space, approximately 3.5 acres of which would occupy the relocated water line easement along the El Camino Real and along the Davis Drive property line. The redwood grove along the Magnolia Gardens Care Center would be largely maintained, and the current Davis Drive access driveway at Coronado Way would ultimately be closed and landscaped as set forth in the conditions and plans. The proposed structures will be set back a minimum of 75 feet from the property line, adding to the visual quality and open feel of the gateway portion of El Camino Real. The quality of spaces for the pedestrian along roadways surrounding the project site will be improved, as the buildings will be set back a minimum of 75 feet from the property lines and an area of approximately 3.5 acres of landscaped open space will surround the project buildings. The Davis Drive side of the site will be heavily landscaped, in consultation with affected residents as required by the conditions. Within the landscaped area a pedestrian trail would be provided for patients, visitors and neighbors, and would include seating and rest stops, landscaping and lighting in an otherwise passive part of the site. The quality of the landscape will be improved along El Camino Real. A new wide sidewalk and new street trees will be provided along El Camino Real. A new formal pedestrian entrance and plaza to the hospital and medical office building has been added providing convenient access from El Camino, Samtrans and to the nearby BART/Caltrain station. A second pedestrian entry along El Camino leads to the walkway along the south of the site. Any larger growth trees that are to be removed will be replaced with trees identified as appropriate for the site and the design goal of the landscape plan. Older redwoods will be preserved on the north side of the campus, and additional redwoods will be added to provide screening from adjacent properties and roadways. 8. Seismic Safety Element. The mandate of SB 1953 requires the District to review the existing hospital to determine whether it would survive an earthquake consistent with the standards mandated by the statute. The project will replace the existing hospital that does not meet these new earthquake resistant standards required by SB 1953, with a new and safer state - M 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of -the -art building that meets the requirements of State law and the City's policies. As the first base isolated hospital in northern California, the building is expected to remain fully operational and virtually undamaged following the most extreme foreseeable earthquake. The utility plant for the project is also base isolated, virtually ensuring that all utilities will be available following an extreme seismic event. Additionally, the project provides potable water storage, fire fighting water storage, emergency contaminated water storage, emergency sewer storage, and 3 days of fuel and food storage on site. The helipad will provide an air link to hospital facilities in the event of a natural disaster. 9. Scenic Roads and Highways Element. The project will retain approximately 3.5 acres of landscaped open space along El Camino Real. The project is set back from the property line, and the El Camino Real frontage will be well -landscaped. The applicant has agreed to include some form of public art, to be determined in consultation with the City and public, to further enhance the El Camino Real frontage, including Chinese hackberry and evergreen trees, which are consistent with the City's existing tree policies in the General Plan and Specific Plan along the gateway stretch of El Camino Real. 10. Noise Element. Loading docks, trash compaction, and refilling of oxygen storage tanks will be relocated from their current location on the Davis Drive side of the existing hospital to the El Camino Real side of the project. The increased physical separation and the new hospital building massing will reduce noise levels from these activities on nearby residents. In addition, the hospital will use an off-site distribution warehouse where larger trucks would unload and breakdown supplies and smaller trucks would be used for most deliveries to the project. In addition the use permit conditions regulate the timing of these activities. The helipad would be located approximately 445 feet away from residents along Davis Drive and 275 feet from Magnolia Gardens Care Center. As discussed in the Final EIR, because the helipad would be further than 250 feet from the receptors, the associated noise would be below 60 dBA CNEL and at acceptable levels. The number and primary helicopter flight paths are regulated in the project conditions to minimize impact on residential areas and are generally consistent with existing use. Noise generated from HVAC equipment from the roof of the medical office 10 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 building or replacement hospital would not generate significant noise. The project will relocate the cooling towers to the south side of the hospital, 91 feet from the nearest Davis Drive residential property line. The cooling towers will be constructed partially below grade and shielded on three sides by an acoustic wall. The Final EIR found that the cooling towers would increase ambient conditions by 0.4 dBA, which is less than the identified 5dBA significance criterion of the Noise Element, and the existing (61.7 dBAL) and cumulative -with project (62.1 dBA-L) noise conditions are within the conditionally acceptable range for both residential and hospital uses under the General Plan's outdoor Noise Level Planning Criteria. Permit conditions will further address monitoring of noise associated with the cooling towers to ensure the avoidance or mitigation of impact on adjacent residences. In addition, the emergency hospital generators would be relocated in the hospital building and behind the cooling towers and sound wall. The noise from the testing of these generators was determined in the Final EIR not to be significant and is consistent with City standards. The frequency and time for testing of the generators are regulated in the use permit conditions. Traffic noise with respect to the existing Marco Polo staff lot would remain unchanged, but would improve in other areas where existing surface parking is being removed. WHEREAS, therefore, the project will be consistent with the Burlingame General Plan as more particularly expressed in the North Burlingame/Rollins Road Specific Plan and the City of Burlingame Zoning Code; and E. OVERALL FINDINGS WHEREAS, Peninsula Hospital is the largest employer in the City, and retaining it is important to the city's economy especially at a time when many local industries and businesses are moving to the East Bay; and WHEREAS, it is important for the City to encourage and continue the location of health care uses close to our residents; and WHEREAS, given the crucial importance of continuing the present health care services on the site and the placement of the existing hospital, the replacement hospital will need to be 11 2 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ►Z! 25 26 27 28 located on the lower portion of the site where it would be almost impossible to not have a significant impact on the open sky view from Davis Drive; and WHEREAS, the hospital needs to stay open throughout the project because it is very hard to attract people to a new hospital and the current employees and staff will move to other locations; and WHEREAS, while it is not perfect, this is the best project for replacing the hospital, and WHEREAS, the monitoring of the approval conditions during construction and after will be important to its success, particularly noise and landscape; and WHEREAS, this full service hospital has been in the community since the 1950's and is a part of our community; and WHEREAS, the neighbors on Davis and Albemarle Drives purchased properties with a hospital in place and with the chance that the hospital would change or relocate; and WHEREAS, the applicant has responded to concerns and relocated the parking garage, has taken the neighbors' concerns into account, and has maintained an acceptable balance among all of the concerns and issues; and WHEREAS, the City has looked at the many mitigation measures based on new location and past experience, and the applicant has done its best to make the best use of the campus to sustain the hospital as an asset to its neighborhood and the community, and WHEREAS, the revised treatments for the medical office building are a substantial improvement over the original design, and give more weight to the roof to have a more residential look; and WHEREAS, the punch -out look and change in fenestration gives the windows look a more true divided light look sought in residential uses; and WHEREAS, while it is always difficult to fit a large institution into a residential neighborhood, the applicant has done a good job of breaking up the mass and bulk by calling attention to features such as the towers; and WHEREAS, the applicant's design response to the Planning Commission's comments and suggestions has created a conceptual design that satisfies the detailed direction given by the 12 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Commission; and F. CONDITIONAL USE PERMITS WHEREAS, conditional use permits are required for medical office use on the property and buildings in excess of 35 feet in height under the interim C-1 zoning classification of the parcels along El Camino Real, and further for a use under the ultimate zoning classification of Unclassified when the entire property is placed under Peninsula Health Care District ownership as currently proposed; and WHEREAS, on October 25, 2004, the Planning Commission approved the conditional use permits for use of the property as a hospital and medical service use and for buildings over 35 feet in height subject to the conditions of approval; and WHEREAS, the Council hereby affirms that decision and adopts the findings of the Commission, refers to the general findings set forth above, and further finds as follows; and WHEREAS, the project will not be detrimental or injurious to property or improvements in the vicinity or to public health, safety, general welfare, or convenience, in that: 1. The use of the site for the existing hospital and related medical facilities has benefitted the community and the replacement hospital project will enhance the health, safety, convenience or general welfare of the community and persons residing or working in the vicinity of the property. The hospital has been in its current location since 1951, serving the residents of the District, including the residents of the City of Burlingame and San Mateo County. The project will replace and improve the existing facilities so that it can continue to serve the health care needs of the community. The project does not involve a change in use or substantial change in intensity of use, in that there will be a consolidation and enhancement in efficiency, safety, and integration of the existing uses on the property. 2. Sanitation services, sanitary sewer and water. The demands from the project on sanitation service, sanitary sewer, and water supply will be comparable to existing levels because the project proposes to replace the existing hospital and related medical facilities with like -kind facilities. In order to accommodate the relocation of the hospital, the existing San Francisco 13 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 m Water Department Crystal Springs Pipeline will be relocated from the center of the project site. Alteration of existing utility facilities on-site and lateral connections to off-site utility lines will be made, but no major off-site changes to existing facilities are proposed or required. 3. Storm drain. With respect to storm water, the existing underground storm drain conduit system will be reconfigured to accommodate the new and relocated access drives, parking lots and building roof drains. Because of the construction of a parking garage, the total amount of impervious surface should not be increased by the project. Therefore, at build -out, storm -water flow should not increase. Further, the quality of storm -water flows will not materially change because the uses will not change. 4. Hazardous materials. There are no known hazardous materials concerns associated with the operation of the existing hospital and other medical facilities on site. Because the project will replace the existing hospital and related medical facilities with like kind facilities performing substantially the same functions in a similar manner, no significant change is anticipated with respect to the handling use, or disposal of hazardous or toxic substances. The replacement hospital and medical office building will handle types and amounts of biohazardous materials and medical waste (including so-called sharps waste) related to normal acute hospital and primary physician medical office activities in amounts and types that are substantially the same as currently being handled at the existing hospital and related facilities. The handling and disposal of such materials shall be conducted in a manner consistent with the currently recognized and approved procedures, including compliance with the hospital's Hazardous Materials and Waste Management Program as such Program and other plans and procedures may be amended and approved from time to time consistent with current hospital and medical facility standards and applicable laws, rules and regulations. The replacement hospital and medical office building will also continue to handle small amounts of other common types of hazardous materials, such as paints, cleaners and solvents. The latter commercial products are labeled to inform users of potential risks and to instruct them in appropriate handling procedures. Most of these materials are consumed through use, resulting in relatively little waste. Such routine hazardous materials use should not pose any public health or 14 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 safety hazards. 5. Building materials. Demolition and construction activities will be conducted in accordance with all applicable City, state and federal regulations to minimize or avoid any hazards or health risks posed to workers, neighbors or the environment with respect to the presence or handling of hazardous building materials. Existing buildings at the project site could contain hazardous materials, such as asbestos, polychlorinated biphenyls (PCBs), lead, mercury, or other hazardous materials. In the past, asbestos, PCBs, and lead were commonly installed in insulation, floor tiles, roofing tar, electrical transformers, fluorescent light ballasts, and paint. Mercury is common in fluorescent light bulbs. If such hazardous materials exist in buildings to be demolished, they could pose hazards to workers, neighbors, or the natural environment. To manage these materials, the project will include measures intended to reduce the potential health risks associated with building materials containing asbestos, polychlorinated biphenyls, lead, mercury, or other hazardous materials by securing the investigation, removal, and disposal of these materials prior to demolition of the buildings. The measures will ensure compliance with existing regulations applicable to the management of any potentially hazardous building components. For example, the BAAQMD regulates airborne asbestos and is to be notified ten days in advance of any proposed demolition. It randomly inspects asbestos removal operations. The California Division of Occupational Safety and Health is also to be notified of asbestos abatement operations. It oversees requirements placed on asbestos abatement contractors whenever asbestos-related work involves 100 sq. ft. or more of asbestos -containing material. Polychlorinated biphenyls are regulated under the federal Toxic Substances Control Act of 1976, and mercury is regulated as a hazardous waste. These existing and other applicable laws and regulations would help to ensure the health and safety of workers, neighbors, and the natural environment. The applicant shall be required to comply with the requirements for recycling of building materials in accordance with the conditions of approval, and the applicant has agreed, in accordance with the conditions, that prior to removal of hazardous materials and demolition of the existing hospital, to meet with neighbors to discuss the methods of removal to be used, precautions being taken and the timing of the various activities, and how possible impacts on 15 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 their properties can be cooperatively addressed. 6. Soil and groundwater. Investigation of the site, including previous uses of the site and other properties near the site did not reveal any environmental condition that would include the presence or use of hazardous materials or indicate that any soil or groundwater contamination exists or existed. An existing underground fuel storage tank will be removed. All applicable procedures for the safe removal of the tank as per code will be followed. New underground tanks are planned for potable water, firefighting water, decontamination treatment containment, sewage containment, and fuel. Each of these tanks will be installed according to code with all necessary permits from overseeing entities. 7. Public Safety. The requirements for police or fire protection for the project will be substantially consistent with the existing use. The project, however, will include significant upgrades in building code and life safety systems, including alarm and sprinkler systems. The height of the replacement hospital and associated medical office building will not be detrimental or injurious to public health or safety. The height has been reviewed and approved the Airport Land Use Commission and the Federal Aviation Administration. The new hospital and associated medical office building will include significant upgrades in building code and life safety systems, including alarm and sprinkler systems. Public safety will also increase because the new hospital will replace the existing hospital that was constructed to then -current earthquake resistant standards, which have been substantially increased as mandated by state law, SB 1953. The new hospital building will meet or exceed current state seismic standards. For example, the hospital building will be base isolated, making it one of the seismically safest buildings possible, and making it likely to function undamaged following a severe seismic event. The project will relocate the main hospital entrance from El Camino Real to Trousdale Drive opposite Magnolia Avenue. The current location of the existing hospital entrance on El Camino Real requires northbound vehicles, including emergency vehicles, seeking to enter or exit from the hospital to cross against sometimes heavy fast-moving traffic on El Camino Real without any active traffic controls. hi addition, the emergency department will have a separate, easily identifiable entrance on Trousdale Drive near Ogden Avenue. Project conditions and mitigation measures 16 El 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 incorporated therein address roadway improvements (re -striping) to mitigate potential impacts and improve circulation. The project will include a total of 1490 parking spaces. Approximately 809 parking spaces would be provided in the garage. An at -grade pedestrian walkway and plaza will provide access from El Camino Real, near the Sam Trans stops to the garage and to the medical office building and replacement hospital. The garage and surface parking included in the project should therefore eliminate the need for off-site parking. Public safety would be further enhanced by closed circuit television surveillance monitored in the security department offices which will be located in the garage. The project will relocate the helipad from the east side of the existing hospital to the southwestern interior portion of the site. 7. General Welfare. Under California law, as reflected in SB 1953, or the Alfred E. Alquist Hospital Facilities Seismic Safety Act, Health and Safety Code Section 129675 et seq., hospital buildings that house patients who have less than the capacity of normal healthy persons to protect themselves, must be reasonably capable of providing services to the public after a disaster (H&S.C. § 129680(a)). The project implements the mandate of SB 1953 that both structural and non-structural components of hospitals be retrofitted or replaced based on current knowledge and established building regulations and standards for earthquake resistance to resist, insofar as practical, the forces generated by earthquakes, gravity and winds so that the hospital is reasonably capable of providing services to the public after a disaster. The project allows the property to continue to provide acute care hospital services, emergency service, and other medical services at the existing hospital until the new hospital is constructed. Emergency air transport services will be suspended for a period of time during construction of the project during which the hospital will use the helipad at SFO and ambulance service. The helipad is an important component of the trauma emergency services which the existing hospital offers and the new hospital will also provide. The helipad is critical to the ability to respond to trauma emergencies and potential disasters where time is of the essence and ground transportation is either unavailable or inadequate. Construction of the parking garage in the early phases of the project will compensate for parking spaces lost during construction of the project. 8. Convenience. Acute care hospital services, emergency services and other medical 17 H 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 services will continue to be provided at the same campus location during the course of construction and after construction. Access to the hospital will be improved by moving the hospital's main entrance to Trousdale Drive since traffic will be able to turn at the signalized intersection at Trousdale Drive and El Camino Real, and because vehicles will not have to cross El Camino Real to enter the hospital. The medical office building (which will be connected to the north side of the hospital) will keep specialist physicians close to their hospitalized patients and give patients easy access to laboratories and other tests and procedures. Access for the elderly and the handicapped will be substantially improved due to the proximity of the garage to the hospital and medical office building entrances, as well as the drop off circle in front of the hospital and medical office building. A pedestrian entry plaza into the medical center would be provided near the Sam Trans bus stop on El Camino Real and would offer a pedestrian connection directly into the medical facilities. Additionally, surface parking is provided for patients and visitors to the hospital and emergency departments. The project is designed to meet all applicable provisions of the Americans with Disabilities Act. Construction of the parking garage in the first stages of the project will compensate for parking spaces lost during construction of the replacement hospital. The garage will be located so that it provides convenient at -grade access to the medical office building and hospital. Existing undesirable grade changes from parking areas to the hospital would be eliminated for surface parking areas and addressed by elevator service in the garage; and WHEREAS, the project will be compatible with the aesthetics, mass, bulk and character of the existing and potential uses on adjoining properties in the general vicinity. Surrounding land uses are residential on the south side and commercial on the west and north (across Trousdale) sides. Commercial (and multi -family residential) uses are located across El Camino Real on the east side. There are a mix of building types, sizes and styles. The project site will continue to be used as a hospital, with related hospital and medical services, as it has been since 1951. The project is compatible with the existing neighborhood because it continues the historic uses of the property. As a replacement project it will not change the character or affect the basic aesthetics of the existing neighborhood, which includes the existing hospital office buildings and III 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 helipad. The replacement hospital will be fewer stories than that existing and a parking garage set away from the residential uses will reduce the need for on-site surface parking. 1. Traffic and Circulation. Because the project will replace existing hospital and related facilities with like -kind facilities, there will be no significant traffic effect that can not be adequately mitigated. The project will not significantly change or increase the number of employees, doctors, patients or visitors or the overall pattern or schedule for use of the site, including helipad use. Therefore, the project should not place any significantly increased demands on the local transportation system, including with respect to causing either: (i) an increase in traffic which is substantial in relation to existing traffic load and the capacity of the existing street system; (ii) a substantial increase in transit demand which cannot be accommodated by existing or proposed transit capacity; or (iii) interference with existing transportation systems, causing substantial alterations to circulation patters or major traffic hazards. Mitigation measures and conditions, including re -striping and traffic controls such as changes to or new signalization, are included in the project conditions to reduce, eliminate or avoid potential significant impacts. The secondary entrance through the adjacent residential neighborhood from Davis Drive will be regulated and then closed and the Marco Polo driveway would be limited to employee use. The new driveways and circulation system will provide a more controlled circulation pattern than currently exists. Movements to and from El Camino Real in the vicinity of (but relocated south of) the existing driveway would be limited to service vehicles. All loading activity will occur on-site at the truck staging area. 2. Visual Quality. Because the project proposes to replace existing hospital/medical facilities (including the helipad) with like -kind facilities there will be no significant effect on long distant scenic views or vistas. The location of the replacement hospital will have a significant visual impact on the residential area along Davis Drive east of Coronado Way, which can only be partially mitigated through landscape and related improvements. However, the view from residents west of Coronado will be improved and the net overall viewshed for the community should be improved. The replacement hospital will not significantly increase the 19 0 Gol 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 scale of development on the site. The height and bulk of the replacement hospital will be similar to or less than that of the existing hospital and other buildings on the site. 3. Lighting. Because the project proposes to replace existing hospital/medical facilities with like kind facilities, there will be no significant effect on adjacent properties from exterior lighting, and the net effect of lighting on adjacent properties should decrease. Exterior lighting for the project will provide similar functions as the lighting associated with the existing hospital, including lighting for parking, pedestrian and vehicular access areas, security and signage. Helipad lighting will be substantially unchanged from existing. Because the amount of outdoor surface parking will be reduced, the exterior lighting will similarly be reduced. In accordance with Burlingame Municipal Code Section 18.16.030, exterior lighting shall be designed and located (amongst other things, taking advantage of advances in technology and the change in the location of the replacement hospital, and medical office building as compared to the existing facilities), and the location of the garage on the northeast corner of the site so that the cone of light and/or glare from the lighting element is kept entirely on the property or below the top of any fence, edge or wall. The applicant has proposed and the project conditions address window treatments, including a high performance glass with a lost reflectivity rating, along the side of the tower closest to Davis Drive to minimize potential light impacts from the building interior or reflections on the eastern Davis Drive area. 4. Aesthetics. The project is sited to utilize the natural grading of the site. The existing site has a grade change of approximately 35 feet from El Camino Real to the entry of the existing facility. The architectural design incorporates extensive landscaping so that the hospital image along El Camino Real has a strong public presence. The components of the project use a massing concept that generally conforms to the overall development pattern in the City by incorporating larger scale, intensive development along El Camino Real and lower intensity and low-rise development moving away from El Camino Real. A variety of materials are utilized to break up the overall massing of the complex. The hospital, medical office building, and parking structure incorporate a combination of textured precast concrete, aluminum panels, and glass and aluminum window walls and the variety of forms reduces aspects of bulk from many 20 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 perspectives. WHEREAS, given these findings, it does not appear that the granting of the requested conditional use permit will have any detrimental or injurious effect on property or improvements in the vicinity nor be detrimental to the public health, safety, welfare, or convenience; and WHEREAS, given these findings, the proposed use will be consistent with the Burlingame General Plan and the purposes of the Burlingame Zoning Code; and WHEREAS, given these findings, the uses of the property will be either similar or compatible with existing and potential uses in the vicinity; and WHEREAS, approval of the conditional use permits subject to the conditions of approval contained in Exhibit E and the construction phasing plan contained in Exhibit F is appropriate; and WHEREAS, the proposed lot line adjustments and parcel maps will allow the project to be developed under strict control by the City and the District to ensure that public ownership and oversight is sustained; and G. DESIGN REVIEW WHEREAS, design review of the proposed new buildings on the parcels along El Camino Real is required under the interim C-1 zoning classification of those parcels; and WHEREAS, on October 25, 2004, the Planning Commission approved the design review of the new buildings in the C-1 District; and WHEREAS, the Council hereby affirms that decision and adopts the findings of the Commission, refers to the general findings set forth above, and further finds as follows in accordance with section 25.57.03(f) of the Burlingame Zoning Code: 1. The project takes largely outdated and unattractive structures and creates a modern medical campus, with exterior materials of metal, glass, and precast concrete panels and accent elements of streamlined metal canopies, trellises and shading devices. The project design will be different but complementary to the general design of nearby buildings along the El Camino Real corridor. 21 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 2. Pedestrian activity will be invited and promoted by the project, as the buildings will be set back a minimum of 75 feet from the property line and an area of approximately 3.5 acres of landscaped open space will surround the buildings on El Camino Real. The improved landscape along El Camino Real is intended to promote pedestrian activity, including appropriate streetscape components facilitating both pedestrian and bicycle circulation. The project will include pedestrian access and amenities to improve pedestrian use throughout the site. The pedestrian pathways will include a loop walkway through the site that will connect to perimeter sidewalks to promote pedestrian circulation and access and other use appropriate to the hospital campus environment. The project will be directly accessible from the nearby bus stop to provide easy pedestrian access to the campus, and to make as inviting as possible a connection to the nearby BART/Caltrain station. These elements should not overwhehn pedestrians on or near the project site. In addition, the garage will allow ready pedestrian access on the site, as opposed to the current expanse of distant, difficult surface parking. 3. The project design is consistent with the medical use for which the site has been dedicated for over 50 years. The future open space, which is described in the Specific Plan as extending along the street front of the neighboring properties on El Camino Real, will also be incorporated in the project. The site plan works with elevation changes to minimize grading and retaining walls. 4. The project is compatible with the mass, bulk, scale, and materials of the existing use of the project site. The reorientation of the main hospital building from the higher elevation of the site to the lower elevation will improve the transition in development pattern from the multi- story development along El Camino Real to the smaller -scale buildings and homes further removed from El Camino Real. The project will also set back the hospital from the Davis Drive and Marco Polo neighborhoods. 5. The project uses an integrated architectural style on the site that is consistent among primary elements of the structures. Unlike the collection of architectural styles present on the existing site, from an international -style, white concrete hospital, to several mid -twentieth century modern office buildings in glass and brick, the new campus of buildings will have a 22 2 C! 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 consistent and contemporary design. 6. The project will improve the utility of open space areas as a visual amenity. Compared to the existing site condition, the public pedestrian environment in this area will be greatly improved. The pedestrian pathways will include a loop walkway through the site that will connect perimeter sidewalks to promote pedestrian circulation and access and other use appropriate to the hospital campus environment. Parking availability and capacity has been extensively studied and under the conditions imposed, are projected to satisfy the demands of the medical campus. WHEREAS, the revised project is a significant improvement over the original in terms of meeting community design goals as stated in the General Plan and the North Burlingame Specific Plan. It is much more inviting for pedestrians, makes a reasonable transition from El Camino to the entry plaza, and a much better transition to the adjacent residential areas; and WHEREAS, many people share a concern about the texture, cold glass and metal tile on the proposed buildings, the textured concrete and warm colors of the palette will help soften the structures. This is much improved over the existing 9 -story building and visually reduces the sense of height; and WHEREAS, the project adds redwood trees at base for transition, makes a positive and better gateway statement, and relocation of the water line increases the setback to 60 feet or more along El Camino and Trousdale allowing creation of a "gateway" element; and WHEREAS, the condition that requires the City Planner to review changes to materials and to keep Commission informed will insure that the identified concerns continue to be addressed if any changes are made to the facades of any of the buildings or to the landscaping which is integral to the design of the project; and WHEREAS, given these findings, the design of the project meets the letter and intent of acceptable design under Chapter 25.75; and H. MITIGATION MONITORING PLAN AND CONDITIONS OF APPROVAL WHEREAS, the conditions of approval developed from the Final Environmental Impact 23 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Report, the public testimony and concern expressed, and the needs of the community are contained in Exhibit E hereto; and WHEREAS, conditions 120 to 146 of Exhibit E constitutes the mitigation monitoring plan required by CEQA; and WHEREAS, in addition, all of these conditions of approval establish the standards for the proposed development that provide many of the key benefits to the community to weigh against its possible adverse effects and properly describe the measures to be taken to reduce and mitigate the potential environmental impacts of the project; and WHEREAS, the implementation of these conditions is essential to the certification of the Final EIR through the Statement of Overriding Considerations for without these conditions, the Council would not make the Statement of Overriding Considerations, NOW, THEREFORE, it is hereby resolved as follows: 1. The Final Environmental Report, consisting of the Draft EIR, the Revised Draft EIR, and the Response to Comments Documents, and supplemented by the testimony and documentation submitted by all interested persons, is certified as complete pursuant to CEQA Guidelines section 15090. 2. The findings contained in this resolution and those attached hereto as Exhibits A, B, and C are adopted pursuant to CEQA Guidelines section 15091. The findings contained in this resolution and those attached hereto as Exhibit A, B, C, and D are adopted pursuant to CEQA Guidelines sections 15092 and 15093. 4. The Final Environmental Impact Report as described in Paragraph 1 above was presented to the City Council and it has been reviewed and considered prior to adopting this resolution. 5. By separate ordinances, the Council is concurrently approving the rezoning of the front parcels on El Camino Real to C-1 District and amending the Zoning Code to specifically provide a conditional use permit requirement for health service uses in this particular area of the 24 2 El 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C-1 District. 6. The decision of the Planning Commission to approve design review and the following conditional use permits for the project is affirmed, subject to the conditions of approval attached as Exhibit E to this Resolution: a. Conditional use permit for construction of buildings over 35 feet in height in the C-1 District subject to the effective date of the ordinance reclassifying a portion of the property as described in paragraph 5 above; b. Conditional use permit for medical office use in the C-1 District subject to the effective date of the ordinance amending the conditional uses allowed in the C-1 District as described in paragraph 5 above; and c. Conditional use permit for the project use on Unclassified property as provided in the project and final zoning classification. 7. Conceptual approval of the lot line adjustment and parcel maps necessary for the project as described in the Final EIR is granted subject to formal proceedings as specified in the conditions of approval. 8. The phasing program contained in Exhibit F is approved. 9. The certification of the Final Environmental Report and the approval of the land use permits are subject to the mitigation monitoring plan and conditions of approval contained in Exhibit E hereto. 10. Conditions of approval 120 to 146 constitute the mitigation monitoring plan for development of the proposed project. Anyone wishing to challenge the certification of this Final Environmental Impact Report in a court of competent jurisdiction must file any action challenging the decision with regard to the Final Environmental Impact Report, including the Statement of Overriding Considerations, or the City's CEQA process in this decision in a court of competent jurisdiction within the time limits set forth in the California Environmental Quality Act and the provisions of the CEQA Guidelines as adopted by the State of California (Title 4, Chapter 3 of the California Code of 25 1 2 3 4 51 a 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Regulations). Anyone wishing to challenge the decision with regard to any other issue must file an action in a court of competent jurisdiction within ninety (90) days. Failure to file an action within these time limits will result in the loss of the right to challenge the decision in court. May I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 15' day of November, 2004, and was adopted thereafter by the following vote: AYES: BAYLOCK, COFFEY, GALLIGAN, NAGEL, O'MAHONY NOES: NONE ABSENT: NONE City Clerk 26 EXHIBIT A SUMMARY OF POSSIBLE ENVIRONMENTAL IMPACTS AND MITIGATION A. VISUAL QUALITY Impact. VQ -1. Building Massing, Orientation, and Design -The Project would alter the visual setting and significantly affect viewer groups in the Davis Drive neighborhood. Finding. The Revised Project would have significant impacts on residents along and near Davis Drive between Coronado Way and El Camino Real in that the replacement hospital project would reduce sky views in the lower Davis Drive area, between Coronado Way and Albemarle Way. The landscaping and building setbacks will partially mitigate, but not eliminate, this significant impact in that it would not completely conceal the massing of the east wing from those Davis Drive area viewers and views of trees would be replaced with views of trees and buildings. The net changes in sky views were determined in the EIR not to be significant, because of the benefits associated with the demolition of the existing hospital. Changes have been incorporated into the Project through Project conditions to mitigate this impact, including landscaping modifications and landscape berm. Nevertheless, there are no project modifications and no mitigation measures that would reduce this impact to less than significant. Accordingly, this impact remains a significant and unavoidable impact. Impact. VQ -5. City's Visual/Urban Design Plans and Policies - The Project would be inconsistent with Objective IV.0 of the General Plan because the Project would significantly block views of the sky and eliminate a sense of open space for the adjacent residents. Finding. The Revised Project would have significant impacts on residents along and near Davis Drive between Coronado Way and El Camino Real in that the replacement hospital project would reduce skyward views in the lower Davis Drive area, between Coronado Way and Albemarle. The landscaping and building setbacks will partially mitigate, but not eliminate, the significant impact in that it would not completely conceal the massing of the east wing from those Davis Drive area viewers and views of trees and sky would be replaced with views of trees and buildings. The preparers of the EIR concluded that from a CEQA perspective, the Revised Project would be inconsistent with Objective N.C. of the General Plan, to EXHIBIT A - 1 maintain the pleasant appearance prevailing in most of the City s residential areas and improve the visual quality in areas of less satisfactory appearance. The EIR also notes that neither the General Plan nor the North Burlingame/Rollins Road Specific Plan (Specific Plan) designates Davis Drive area as a scenic route or contains specific policies that specifically protect the visual integrity of the area, and, moreover, that while the Revised Project would have an adverse visual impact on Davis Drive east of the Davis Drive driveway, it would enhance views of those properties with views of the existing hospital, and therefore, would not have an overall net negative impact along Davis Drive. Further, as discussed in more detail in the plan consistency findings supporting the conditional use permit, the project is consistent with General Plan and Specific plan objectives and policies to protect open space and views along El Camino Real and Trousdale for developing along EI Camino Real because the Revised Project would, among other things, (1) provide a minimum 76 foot setback along EI Camino Real, (2) incorporate landscaping along El Camino Real, that is consistent with Burlingame's "tree -theme" along El Camino Real, and (3) reroute the pedestrian access trail away from the loading dock, thereby eliminating pedestrian hazards that would otherwise occur with the project as originally proposed. Therefore, despite the potential plan consistency issue raised by the EIR, this Council finds that on -balance the Revised Project is consistent with the General Plan and Specific Plan. Nevertheless, the localized visual impact along a portion of Davis Drive is appropriately considered a significant impact for which changes have been incorporated into the project through the project conditions to partially mitigate this impact, including landscaping modifications and landscape berm. But given the necessity of keeping the existing hospital open during construction, which requires the new buildings to be located on the eastern portion of the site, there are no project modifications and there are no mitigation measures that would reduce this impact to less than significant. Accordingly, these impacts remain a significant unavoidable impact as described in VQ -1 above. 3. Impact. VQ -6. Project Construction - As the construction would occur over six and a half years, parts of the site could be unsightly and create a temporary but potentially significant visual impact. Mitigation. VQ -6.1 Implement Construction Visual Improvements Plan to reduce visual quality degradation by phased construction. The Project sponsor shall agree to develop and implement a Construction Visual Improvements Plan that would make visual improvements to construction zones within a given construction phase and between phases if the zone is not scheduled for construction activity or will remain unused for a period greater than six months. Construction zones subject to this mitigation measure shall be defined by the City Planner, and shall consider the size of the area, the nature of the construction EXHIBIT A - 2 activity, and the proximity or visibility of the area to public vantage points or residential uses. The Construction Visual Improvements Plan shall be implemented by the Project contractor(s) and must be approved by the City Planner. The intent of the plan is to aesthetically improve portions of the Project site that would remain unimproved for an extended period and screen the construction zone from view by passers by along the public streets and sidewalks, or to make the zone usable for MPHS employees, patients, and the public. Possible improvements in the plan include, but are not limited to, the following (if timelines other than six months are specified below, the shorter of six months or the time specified below shall apply): a. The Project sponsor shall clear a construction zone of construction debris and remove construction equipment whenever construction is not anticipated for at least two weeks. b. If a site is a construction zone, but no construction activities are scheduled for more than one month, the Project sponsor shall be responsible for regular garbage removal and watering of any existing landscaping. C. The Project sponsor shall remove or visually treat fencing around construction zones that front onto El Camino Real, Trousdale Drive, Marco Polo Way, or Davis Drive in a manner deemed acceptable by the Chief Building Official, in order to promote safety, connectivity through the site, and pedestrian friendliness. d. If a site is not in use as a construction zone for more than six months due to demolition or construction of a structure, the Project sponsor shall improve the site with landscaping (e.g., trees, shrubs, and groundcover), passive recreation/open space facilities (e.g., benches, picnic tables), decorative fencing and/or seating walls, and pedestrian and bicycle routes that connect to adjacent open spaces. Pedestrian/bicycle networks shall be defined by and to the satisfaction of the City Planner. C. The Project sponsor shall install all landscaping as early as possible to decrease visual impacts of construction. Finding. Implementation of the mitigation measures will reduce visual impacts during construction to a less than significant level. B. TRAFFIC Impact. TR -2. Intersection Left -Turn Queue Lengths - The Project would significantly affect through traffic on Trousdale Drive and on El Camino Real EXHIBIT A - 3 during the near-term scenario by creating left -tum queue lengths on both streets that exceed the pocket storage capacity. Mitigation. The following measures would reduce impacts on intersection left -tum queue lengths: TR -2.1 Extend the northbound left -turn lane on El Camino Real at Trousdale Drive to 375 feet. The Project sponsor shall be responsible for lengthening the left -turn pocket on northbound El Camino Real (to westbound Trousdale Drive) from about 180 feet to 375 feet. This improvement would eliminate left -turning vehicles from blocking traffic flow along northbound El Camino Real and satisfy the queue storage requirement. TR -2.2 Convert the eastbound dedicated through lane on Trousdale Drive at El Camino Real to a shared left -through lane, and extend the dedicated left -turn lane to accommodate 145 feet of storage The Project sponsor shall be responsible for converting the eastbound through lane on Trousdale Drive at El Camino Real to a shared left -through lane. In addition, the Project sponsor shall be responsible for extending the existing dedicated left -turn lane to provide 145 feet of storage (a 35 -foot extension) for vehicles turning left. The left -turn pocket (145 feet) and the extra capacity in the shared left -through lane (about 380 feet) would be sufficient to accommodate the 400- foot queue length. TR -2.3 Extend the southbound left -turn pocket on El Camino Real at Trousdale Drive to 300 feet. The Project sponsor shall be responsible for extending the southbound left -turn pocket on El Camino Real at Trousdale Drive an additional 100 feet. This measure would require the removal of a portion of the median strip. This measure is necessary because, by adding Project traffic to the other turning movements at this intersection, signal green time is taken away from the southbound left -turn movement. As a result, longer turn storage is needed. TR -2.4 Extend the eastbound left -turn pocket on Trousdale Drive at Magnolia Avenue to 175 feet. The Project sponsor shall be responsible for extending the eastbound left -turn pocket on Trousdale Drive at Magnolia Avenue to 175 feet. TR -2.5 Extend the westbound left -tum pocket on Trousdale Drive at Magnolia Avenue/Main Entrance to 175 feet. The Project sponsor shall be responsible for extending the westbound left turn pocket on Trousdale Drive at Magnolia Avenue/Main Entrance to 175 feet. Adequate distance is available between the main entrance and the El Camino Real intersection to accommodate the left -turn pocket requirements identified in Mitigation Measure TR -2.2 and this measure (in a back-to-back configuration) plus a 60 -foot taper. The 175 feet of stacking EXHIBIT A - 4 capacity can also be attained with a dual left turn lane, which also allows left tum access into the Burlingame Plaza Shopping Center. Finding. Implementation of the mitigation measures would reduce impacts on intersection left -tum queue lengths to a less than significant level. This measure is modified to change the taper to 20 to 60 feet consistent with the roadway plan modification for the left tum lane into the hospital main entrance. 2. Impact. TR -3. Shopping Center Access on Trousdale Drive - The Project would significantly affect traffic access to the Burlingame Plaza adjacent to Trousdale Drive by removing left -turn ingress. Mitigation. TR -3.1 The traffic mitigations have been revised to incorporate a left turn alternative into the project that allows continued left -turn access from Trousdale into Burlingame Plaza; therefore, the mitigation requiring signage at Magnolia is no longer needed. The EIR consulting engineer agrees that these changes are consistent with the mitigations to the circulation impacts of the project in this area to keep the impact less than significant. Finding. Since the proposed change is consistent with all the studies done for the environmental impact report and will improve circulation in the area, these changes may be incorporated into the conditions of approval. The Planning Commission reviewed the change in lane configuration at its November 8, 2004, meeting and affirmed that the change addressed its intention to maintain access to Burlingame Plaza and that a change in signage at Magnolia is no longer necessary. Impact. a. TR -9.1 Parking During Construction -The Project would potentially result in an inadequate parking supply during construction. Mitigation. TR -9.1 Implement Attendant Parking and Mitigation Monitoring. The Project sponsor shall implement an attendant parking program to increase the parking supply during critical phases of construction. The Project sponsor shall fully fund a mitigation monitoring program that will enable City of Burlingame to monitor parking demand on a quarterly basis throughout the critical phases of construction. The Program shall also provide an alternative that could be quickly implemented should the monitoring show that the parking deficit remains. Finding. Implementation of the mitigation measure would reduce the potential impact of parking demand during construction to a less than significant level. EXHIBIT A - 5 b. TR 9.2 Parking During Construction. The Project would potentially result in an inadequate parking supply for the Magnolia Gardens Care Center during construction. Mitigation. TR -9.2. Construct replacement parking at Magnolia Gardens Care Center prior to demolishing existing parking. The project sponsor shall adjust the property line and construct the proposed replacement parking area at the northwest end of the Magnolia Gardens Care Center property prior to demolishing existing parking area and adjusting the property line at the northeast end of the property. Finding. Implementation of the mitigation measures would reduce the potential impact of parking demand during construction to a less than significant level. Project conditions require recordation of a lot line adjustment to exchange the approximately 35 feet on the west side of the Magnolia Gardens Care Center for the approximately 35 feet on the east side prior to issuance of a building permit for the parking garage, and require construction of the replacement parking on the west side of Magnolia Gardens prior to the construction of the new hospital entrance on the east side; the east side parking cannot be demolished until the west side lot is completed. This mitigation measure is consistent with these conditions in requiring the west side replacement parking prior to demolishing the existing parking area and completing the lot line adjustment. However, given these provisions for phasing of the work, and because the 35 feet on both sides of Magnolia Gardens would be exchanged between MPHS and the property owner, requiring the west side property to be transferred before the east side property is not feasible, and will not provide any meaningful additional mitigation beyond the measures and conditions that are adopted. Therefore, this measure is revised to clarify that the property exchange on both sides may occur concurrently as part of the same map or lot line adjustment. 4. Impact. TR -10.1 Construction Traffic -The Project would potentially affect surrounding roadways during construction. Mitigation. TR -10.1 Complete roadway improvements (see Mitigation Measures TR -2.1 through TR -2.5) prior to the commencement of Phase 2 of construction. The Project sponsor shall complete the roadway improvements needed to mitigate EXHIBIT A - 6 the Project traffic impacts (i.e., Mitigation Measures TR -2.1 through TR -2.5) prior to the end of Phase 2, to ensure that construction traffic would have a less -than -significant impact. Finding. Implementation of the mitigation measure would reduce the potential impacts of construction traffic to a less than significant level. 5. Impact. TR -11. Cumulative Intersection Levels of Service - Under Cumulative with Project Conditions, the intersections of El Camino Real/Millbrae Avenue and El Camino Real/Trousdale Drive would worsen compared to Cumulative No Project Conditions; however, only the latter intersection would exceed the significance threshold and experience a cumulatively significant impact. Mitigation. TR -11.1 Convert an eastbound through lane on Trousdale Drive to a shared left -through lane. The Revised Project with cumulative development would result in LOS E operations on the El Camino Real/Trousdale Drive intersection during the AN & PM peak hours. One turn lane is insufficient to accommodate this high tum volume. The Project sponsor shall be responsible for ensuring that sufficient capacity is available by converting the eastbound Trousdale Drive through lane to a left -through lane, which would require the signal to operate in a split phase scheme in the east -west direction. Converting this lane would improve operations to LOS D, reducing this impact to a less -than -significant level. Finding. Implementation of the mitigation measure would reduce the impacts on the El Camino Real/Trousdale Drive intersection to a less than significant level. 6. Impact. TR -12. Cumulative Intersection Left -Turn Queue Lengths The Project would have a cumulative effect on through traffic on Trousdale Drive and on El Camino Real by contributing to left -turn queue lengths that exceed the pocket storage length. Mitigation. TR -12.1 Extend the northbound left -turn lane on El Camino Real at Trousdale Drive to 475 feet. The Project sponsor shall be responsible for lengthening the left -turn pocket on northbound El Camino Real (to westbound Trousdale Drive) from about 180 feet to 475 feet. This improvement would eliminate left -turning vehicles from blocking traffic flow along northbound El Camino Real and satisfy the queue storage requirement. TR -12.2 Extend the southbound left -turn pocket on El Camino Real at Trousdale Drive to 325 feet. The Project sponsor shall be responsible for extending the EXHIBIT A - 7 southbound left -turn pocket on El Camino Real at Trousdale Drive an additional 100 feet. This measure would require the removal of a portion of the median strip. Finding. Implementation of the mitigation measures would reduce the impacts on through traffic on Trousdale Drive and on El Camino Real by increasing the left - turn lane storage capacity to a less than significant level. C. NOISE Impact. NO -1 Construction Noise - Construction of new facilities at Peninsula Medical Center would temporarily generate noise levels that would exceed the limits set forth in the Burlingame General Plan. Mitigation. NO -1.1 Implement best management practices to reduce construction noise. The Project sponsor shall incorporate the following practices into the construction documents to be implemented by the Project contractor, and these practices shall be provided to the City Planner for approval prior to the issuance of building permits. a. Maximize the physical separation between noise generators and noise receptors. Such separation includes, but is not limited to, the following measures: (i.) Use heavy-duty mufflers for stationary equipment and barriers around particularly noisy areas of the site or around the entire site; (ii) Use shields, impervious fences, or other physical sound barriers to inhibit transmission of noise to sensitive receptors; (iii) Locate stationary equipment to minimize noise impacts on the community; and (iv) Minimize backing movements of equipment. b. Use quiet construction equipment whenever possible. C. Impact equipment (e.g., jack hammers and pavement breakers) shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically -powered tools. Compressed air exhaust silencers shall be used on other equipment. Other quieter procedures, such as drilling rather than using impact equipment, shall be used whenever feasible. d. Prohibit unnecessary idling of internal combustion engines. I�►N:II�Y1I_�i e. Select routes for movement of construction -related vehicles and equipment in conjunction with the Burlingame Planning Department so that noise -sensitive areas, including residences, hotels, and outdoor recreation areas, are avoided as much as possible. Include these routes in materials submitted to the City Planner for approval prior to the issuance of building permits. f. Designate a noise disturbance coordinator who will be responsible for responding to complaints about noise during construction. The telephone number of the noise disturbance coordinator shall be conspicuously posted at the construction site and shall be provided to the Burlingame Planning Director. Copies of the construction schedule shall also be posted at nearby noise -sensitive areas. Finding. Implementation of the above measure would lower construction -related noise at nearby structures or sensitive receptors. The base -isolated design or project will avoid noise impacts associated with pile driving. Nevertheless, the construction related noise impacts would remain significant and unavoidable. D. AIR QUALITY Impact. AQ -1. Construction Air Quality - Construction activities associated with site development could cause emissions of dust or contaminants from equipment exhaust that could contribute to existing air quality violations or expose sensitive receptors to pollutant concentrations. This would be a temporary but potentially significant impact. Mitigation. AQ -1.1 Implement recommended dust control measures. To reduce particulate matter emissions during Project demolition and construction phases, the Project sponsor shall require the construction contractors to comply with the dust control strategies developed by the BAAQMD. The Project sponsor shall include in construction contracts the following requirements: a. Cover all trucks hauling construction and demolition debris from the site; b. Water all exposed or disturbed soil surfaces at least twice daily; C. Use watering to control dust generation during demolition of structures or break-up of pavement; d. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved parking areas and staging areas; e. Sweep daily (with water sweepers) all paved parking areas and staging areas during the earthwork phases of construction; EXHIBIT A - 9 f. Provide daily clean-up of mud and dirt carried onto paved streets from the site; g. Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.); h. Limit traffic speeds on unpaved roads to 15 mph; i. Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and j. Replant vegetation in disturbed areas as quickly as possible. Finding. Implementation of the dust control measures will reduce the potential significant impacts to less than significant levels. E. HAZARDOUS MATERIALS Impact. HM -1. Construction -Related Hazardous Materials Disturbance - Project -related demolition could disturb hazardous materials in existing building components and thereby cause adverse health or safety effects. Mitigation. HM -1.1 Perform pre -construction hazardous materials surveys and manage properly if hazardous materials are identified. MPHS shall retain a qualified environmental specialist (e.g., a Registered Environmental Assessor or similarly qualified individual) to inspect existing buildings subject to demolition for the presence of asbestos, PCBs, mercury, lead, or other hazardous materials. MPHS shall submit the report to the City prior to demolition, together with an explanation of how the Project will address any issues identified in the report. If found at levels that require special handling (i.e., any building material containing 0.1 percent asbestos, paint that contains more than 5,000 parts per million of lead, or any building materials known or suspected to contain PCBs or mercury), MPHS shall manage these materials as required by law and according to federal and state regulations and guidelines, including those of DTSC, BAAQMD, Cal/OSHA, CSMHSA, and any other agency with jurisdiction over these hazardous materials. Finding. Implementation of the mitigation measures will reduce the potentially significant construction -related hazardous substance disturbance impacts to less than significant levels. 2. Impact. HM -2. Exposure to Contaminated Soil and/or Groundwater Excavation and construction of proposed basement and building foundations could expose EXHIBIT A - 10 construction personnel and the public to existing contaminated soil and/or groundwater. Mitigation. The following measures would reduce impacts on construction personnel and the public to exposure to contaminated soil and/or groundwater: HM -2.1 Conduct a soil/groundwater sampling plan. In the event that contamination is visually discovered during construction activities, MPHS shall be required to conduct a Phase U Environmental Site Assessment. This investigation shall involve the collection and analysis of soil and groundwater samples as directed by the site assessment consultant. Sampling shall extend at least to depths proposed for excavation, and samples shall be tested for elevated levels of petroleum hydrocarbons, VOCs, or lead, if any. Soil and/or groundwater samples shall be collected throughout the Project site as directed by the site assessment consultant. This assessment shall be completed by a Registered Environmental Assessor, Registered Geologist, Professional Engineer, or similarly qualified individual prior to initiating any further earth -moving activities at the Project site. If it were determined by sample collection and analysis that petroleum hydrocarbons, VOCs, or lead is present in soil and/or groundwater samples, the impacted materials shall be segregated and stockpiled separately from non -impacted soils throughout the construction phase. If deemed necessary by the local oversight agency, some impacted materials shall be mitigated prior to construction. Soils with elevated petroleum hydrocarbon, VOC, or lead concentrations may require excavation and off-site disposal. Soils with concentrations above regulatory threshold limits for petroleum hydrocarbons, VOCs, or lead shall be disposed of off site in accordance with California hazardous waste disposal regulations (CCR Title 26) or shall be managed in place with approval of DTSC, CSMHSA or the Bay Area Regional Water Quality Control Board. HM -2.2 Prepare Site Health and Safety Plan. In the event that contaminated soil or groundwater is encountered, MPHS shall comply with the Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities regulatory requirements for hazardous materials/waste health and safety plans. The Site Health and Safety Plan shall establish policies and procedures to protect workers and the public from potential hazards posed by residual contamination issues at the site. The plan shall include items applicable to site conditions, such as identification of contaminants, potential hazards, material handling procedures, dust suppression measures, personal protection clothing and devices, controlled access to the site, health and safety training requirements, monitoring equipment used during construction to verify health and safety of workers and the public, measures to protect public health and safety, and emergency response procedures. EXHIBIT A - 11 If petroleum hydrocarbons are present in the soil or groundwater proposed for the use of backfill or disposal, the handling and disposal of the contaminated soil or groundwater shall be governed by the applicable local and federal hazardous materials regulations. Finding. Implementation of the mitigation measures will reduce the potential significant impacts to less than significant levels. F. BIOLOGICAL RESOURCES Impact. BR -1. Protected Trees - The removal of 88 trees that qualify as Protected Trees under the City of Burlingame's Municipal Code Title 11 - Trees and Vegetation would result in a significant impact to trees that are considered a locally important resource by the City. Mitigation. BR -1.1 Replace loss of Protected Trees. The Project sponsor shall submit an application to the City of Burlingame's Parks and Recreation Department Director for a tree removal permit and meet the replacement requirements of the Tree and Vegetation Ordinance (Municipal Code, Title 11.06.020). Included with the permit application shall be a landscaping plan that illustrates species, numbers, and sizes of replacement trees. BR -1.2 Maintain and protect trees to be retained. The Project sponsor shall be responsible for maintaining and protecting the existing on-site trees to be retained. The following specific actions shall be followed to maintain the health of the remaining trees: a. Any pruning shall be done according to the direction of a certified arborist and all pruning shall comply with International Society of Arboriculture, Western Chapter Standards or other comparable standards deemed acceptable to the City Arborist. b. Any abandoned utility lines (water, electrical, etc.) in the root zones (radius of ten times the trunk diameter) shall be cut and left in the ground to the satisfaction of the City Arborist. C. Any surfacing material inside the root zone shall be pervious and installed on top of the existing grade. As an example, pervious pavers are acceptable provided the base material is also sufficiently pervious. Base rock containing granite fines is not sufficiently pervious. EXHIBIT A - 12 d. Temporary construction fencing shall be erected to protect the retained trees of a size to be established by the City Arborist. The fencing shall be placed at the perimeter of the root zone unless the pavement is supervised by a certified arborist. The fencing shall be in place prior to the arrival of construction materials or equipment. C. The landscape irrigation shall be designed to prevent trenching inside the root zones of retained trees. f. Supplemental irrigation shall be provided during construction. Approximately 10 gallons of water for each inch of trunk diameter should be applied at or near the perimeter of the root zone every two weeks during the dry months (any month receiving less than 1 inch of rainfall on average). g. Retained trees shall be thoroughly mulched with a 3 -inch layer of bark chips with the exception of a 6- to 12 -inch area around the base of the root collar, which must be left bare and dry. Finding. Implementation of the mitigation measures listed above would reduce the impacts to the tree resources within the City of Burlingame to a less than significant level. 2. Impact. BR -2. Nesting Birds - The activities associated with tree removal and vegetation clearing may potentially disturb non -sensitive nesting birds such as European starlings and mourning doves. Depending on the timing and species affected, vegetation removal could result in a potential violation of California Fish and Gave Code (Sections 3503, 3513, or 3800) of the Migratory Bird Treaty Act if it results in destruction of bird nests. This would be considered a potentially significant impact. Mitigation. BR -2.1 Conduct pre -construction surveys for nesting birds and implement protective measures if identified. The removal of trees, shrubs, or weedy vegetation shall be avoided during the February 1 through August 31 bird nesting period to the extent possible. If no vegetation or tree removal is proposed during the nesting period, no surveys shall be required. If it is not feasible to avoid the nesting period, a survey for nesting birds shall be conducted by a qualified wildlife biologist no sooner than 14 days prior to the start of removal of trees, shrubs, grassland vegetation, buildings, grading, or other construction activity. Survey results shall be valid for 21 days following the survey; therefore, if vegetation or building removal is not started within 21 days of the survey, another survey shall be required. The area surveyed shall include all construction sites, access roads, and staging areas, as well as areas within 150 feet outside the boundaries of the areas to be cleared or as otherwise determined by the biologist. EXHIBIT A - 13 In the event that an active nest is discovered in the areas to be cleared, or in other habitats within 150 feet of construction boundaries, clearing and construction shall be postponed for at least two weeks or until a wildlife biologist has determined that the young have fledged (left the nest), the nest is vacated, and there is no evidence of second nesting attempts. Finding. Implementation of the mitigation measures listed above would reduce the impacts to nesting birds to a less than significant level. G. CULTURAL RESOURCES 1. Impact. Disturbances of Cultural Resources - Although no known cultural resources are located on the site, unidentified subsurface cultural resources could potentially be present and disturbed during grading and construction. Mitigation. The following mitigation measures shall be incorporated into the grading and construction contracts. a. If potential historical or unique archaeological resources are discovered during construction, all work in the immediate vicinity (within approximately 50 feet) shall be suspended and alteration of the materials and their context shall be avoided pending site investigation by a qualified archaeological or cultural resources consultant retained by the Project applicant. Construction work shall not commence again until the archaeological or cultural resources consultant has been given an opportunity to examine the findings, assess their significance, and offer proposals for any additional exploratory measures deemed necessary for the further evaluation of and/or mitigation of adverse impacts to any potential historical resources or unique archaeological resources that have been encountered. b. If the find is determined to be an historical or unique archaeological resource, and if avoidance of the resource would not be feasible, the archaeological or cultural resources consultant shall prepare a plan for the methodical excavation of those portions of the site that would be adversely affected. The plan shall be designed to result in the extraction of sufficient volumes of non -redundant archaeological data to address important regional research considerations. The work consultant, and shall result in detailed technical reports. Such reports shall be performed by the archaeological or cultural resources shall be submitted to the California Historical Resources Regional Information Center. Construction in the vicinity of the find shall be accomplished in accordance with current professional standards and shall not recommence until this work is completed. EXHIBIT A - 14 C. The Project applicant shall assure that Project personnel are informed that collecting significant historical or unique archaeological resources discovered during development of the Project is prohibited by law. Prehistoric or Native American resources can include chert or obsidian flakes, projectile points, mortars, and pestles; and dark friable soil containing shell and bone dietary debris, heat -affected rock, or human burials. Historic resources can include nails, bottles, or other items often found in refuse deposits. d. If human remains are discovered, there shall be no further excavation or disturbance of the discovery site or any nearby area reasonably suspected to overlie adjacent human remains until the Project applicant has complied with the provisions of State CEQA Guidelines Section 15064.5(e). In general, these provisions require that the County Coroner shall be notified immediately. If the remains are found to be Native American, the County Coroner shall notify the Native American Heritage Commission within 24 hours. The most likely descendant of the deceased Native American shall be notified by the Commission and given the chance to make recommendations for the remains. If the Commission is unable to identify the most likely descendent, or if no recommendations are made within 24 hours, remains may be re -interred with appropriate dignity elsewhere on the property in a location not subject to further subsurface disturbance. If recommendations are made and not accepted, the Native American Heritage Commission will mediate the problem. Finding. Implementation of the mitigation measures listed above would reduce the impacts to cultural resources to a less than significant level. H. HYDROLOGY AND WATER QUALITY 1. Impact. During the construction period, polluted runoff may flow into the City drainage facility and result in a potentially significant water quality impact. Mitigation. The Project applicant shall prepare a Storm Water Pollution Prevision Plan (SWPPP) to prevent polluted runoff from flowing into public drainage facilities during construction of the proposed facilities. The SWPPP shall include Best Management Practices (BMPs) that include schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution in storm water runoff during construction. The SWPP shall be reviewed and approved by the City of Burlingame and other appropriate agencies, such as the Regional Water Quality Control Board, prior to issuance of a grading or building permit. Finding. Implementation of the mitigation measures listed above will reduce construction and post -construction stormwater quality impacts to a less than significant level. EXHIBIT A - 15 EXHIBIT B SUMMARY COMPARISON OF POTENTIAL ENVIRONMENTAL IMPACTS OF PROJECT ORIGINALLY PROPOSED AND PROJECT APPROVED IN RESOLUTION A4 W Al q O O p N d atl 4 bo wo E w° w° w m 'o H H n H m cn 0 mm v�3 U mu 0 0 0 :U� ° 0 a o Om A W Cp ti ,q p m 7 aUi m q q .q o ayj .O U O R H y N N O O m° o ':i q v .� .0 « m R 'C3 R o w a) �� a aeon' d3 cn v 5: z� N mRS g O y w H .� m 'tt aaito Oma+ ° q q 0 ME o ° o t(qy�°�`b 4 o b 'men a°i ,� .Gy .9�py: .py � y y� y ,wn y M N .i -I wNa '� N Q MM N '� CI ti 4J tip W N 0 p�q <a H O y U .i,Ly� . .° W ;N `5 ° �"� w Pr 0 y iy C U .D C� .� ~ N a) O V� � C/3.a cn .� v 0 h N l d l m O F a o o F H F m� P 0, bio v Q hQ �o y vi _ d ro m U °'ow « o Z U o T q Pj aqi N U o Al y pU d C.1 a q 0 y N y T tl x C O O N ❑U O U bA U U� N ❑ a N �" .1 R d. 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W ami >m a'�- > b C�'v [r W PD o �l i>a CCCCU]777 pFU w b mQ bmo y 5 a^ d� ° o^ R� y � ? b N r N C U � y U � U v '6 �x a w 9 � a N 4� EXHIBIT B-E R U al U d q-9b'mPbq'o'.�b .�u,d p v cab o T 3 0 ° a x o P o p° o o -a-,o° o q :.qq .p C W w m pN R q 0¢� p q O Q N w r .- o p°� o 0 U o ` 'd ` y ' Q p oo °a A ts Qrl. ? y�� V o bo q 0 to y ° °> ° " " $ ° w H ' H ' ^°' ° o ff- �; O A ob o ° ° " n °Uva a' .. o q m d° .2 o u P+' — a m b w d° g 7 .^� o o 'd o n? a a° ou ao 0 5 n e U oo.E ° m o W Y L g v m o w �° as N eoeA > bb n hqv�° FGq k7A a P a w ti� O'er II H Q ° b O F O O y 00 O o p O y d � U � N o y 3 o � U � v q w U U U U OJ 4J QI QI %Zi ° N 4J N 17 y 0 O O O y v� q m F in Vi V] 1-a H d q-9b'mPbq'o'.�b .�u,d p v cab o T 3 0 ° a x o P o p° o o -a-,o° o q :.qq .p C W w m pN R q 0¢� p q O Q N w r .- o p°� o 0 U o ` 'd ` y ' Q p oo °a A ts Qrl. ? y�� V o bo q 0 to y ° °> ° " " $ ° w H ' H ' ^°' ° o ff- �; O A ob o ° ° " n °Uva a' .. o q m d° .2 o u P+' — a m b w d° g 7 .^� o o 'd o n? a a° ou ao 0 5 n e U oo.E ° m o W Y L g v m o w �° as N eoeA > bb n hqv�° FGq k7A a P a w ti� O'er II EXHIBIT B-9 m W H Q b O F O O y 00 O o p O y d � U � N o y 3 o � U � v EXHIBIT B-9 m W v d Qr .4 o b t'` m o q H O m '> .p z 24 ,D �y a N OD to U q N p Ji v (n bal ,� 'C d W O El d.c a v ,� F �' o 0 0 M a0 dG a°i P,''o o O6't7 �� 60 'C .d a w.q en .p O N^ OH Gi G o L7 E N d W U O U U° •_'� ° '� O � (n a M C4 CIO W Py h U° F O °' U 0-0 U O N C b0 N N go 0 .� ..° q O Rti° 0. 0 .� '+' PL P+U 0 a ° P. .`°. 4""- 4Q` on :+'� a S�OII 0 aai p W 00 P4 ro is ey 0.0 ,d Cv❑ O y o U 'L' 'd N G W O O ttl N V y Q w 'a❑❑ R' N p p C Ji ' G QUA H .n '�fl+ W a°+ ,� 'C ° U C y . o '.�O- U 0. po q a b O a"i Ef m m a0 pup M 0. .� °' M° p U o p a b 2 O� U V W OA O : O b0 ❑ 'U q g O L7 G F tOi 4 °' ,F�' d' y ~ U ,�. O V ro .O W 0 ."o 16 P'' p P4 > m o; ° a .0 a w hF:y � a hU°0 5bv 2('n u R. 2 P,S v b 0 U T b0 V F a a EXHIBIT B-10 0.l v d F4 •o - ^° '� « h � o � � `� N ,� e ° U ° '� a m q �" 'perp � M' ^d nN cWJ n q °F' ne o m °q 0. d O� O ° 0 y p f1 ,car `moi o o °' o w ° o >y °p, i� d c y 6 a F p .pp Pr ro N J .� ' >� a m o d N 0.'w0 [�. 'a V v w F' •id > O v oHoyorl o v m W :7 m ti C V p, C o b �°a '� i d v �l A vi p V •' � v iS .d o � � � v v? .0 � '� o fJ � ,� •o ,� m ,9 V F ,o °° >; 0 o ❑p° q ❑° a'� 5 ai p w° a d C d a p v '^• t1 !C w b b � a o ai o o ow'o ° ' y v) h F .. m UrlT N b T w .� Py u �. N O W N N N �i 50 .R p T •q .0 U E Z p �mI 7 f� 7 ,� •� °' « `'� q' rte/+ m o o o �y 2 G /-° R try d o N 'Oi C0 to O O H .; ... o °qo en V 0 LH o aCi? m a n oR U >n >p C �t U) y' � 'ff d.o O F , q Q-% > 4 y m T rod- ro o E q o .a q°° o W X a e° o b .� q .a e C .q v o ,S ' -S - p. o mcqy o m `u to 'C `° to o ;j p b O 'p « ° v 'r F4 q p y p O .+ a q N V 00 o " o w aroi o a°i uCi aia h ' :� q 3 °' H AO • rro� P. a"i o .b n° ao �O q 4) � q Op❑ � co o q W w H co > 0. �7 m S o m a w o aw o ° ? h b F q � O i❑d b0 ° rl O v �W rl U EXHIBIT B -11 O a U rw ° 30 �y a, 'b 91 0 +; °''❑y .a d m Sn.°u 5`❑p" 0 o m x o ry nvn v v m 7 O y o .q .t-°. o o 3�° b y?:2°p a .-i > W >Ao�09nQ° �• a"F o u .°o « m C o 0 °o n° o v 0 b a❑ate sn oA° cL �Z parry m vi G A q b 0 �' ° N O p 'O N .� >A 0`3B is x010. 4idv d. r> .o q •may y-W.ayyU� '>sa °F� v � o °roAv a o ?: a a. a Kd0 a .:2roa K oo�0 o �' �wrp °oudWaaaa°>om Woab3� w F w `fwd m v o Pati .0 3 a U ,°i F oro o a v wa hU a a� h W w' 1� g ,Cannnn 09'0 «° y A V y LTa o 0 0 C0C 'C 15: ti �a A v, W oi°9 W .>. W UO ,D NF r O bo a %04X0 0 ° . P4'40 2o v o ' U.°.° w °a a ov2a0° Fw SNo.A� o Y 75 3,0 >v > o� `9 ro o °'� m•a;-� v� ova b�=�teCiq. >°l ° ° o too WrE. G°'D5app '0 M Ha a "a 75 q 5 �° e9 w ro w�. a .y. W N w >, ro N ro rn b9 N 'w v obi G9zl U q A o a'" o v P °' . G q PS F o o w° a m ° m aw (0+0« a `gyp m ate% v ^: .� a0p :NNam OOv W C r°n N 3° b N 0 o v d A o m 0 �a d� 09 S a N y y U m a U) ; o ° o^ {r ¢ U W F « v > > 3 y� "0 d d u d NJ a y �; u EXHIBIT B-12 U d a ti •'12 >1 O N N H w wwQ,, O 0] rs b0 G b N v: w 'yzz d u P..n d F •� pp q U 0. o o o O G o 0 q O N H d a m.°U' yOw P. .. OJ tl y 0 N N .0 N tl 'O^ O a N. U H U .d o v +i m o. d y w F u .� ti '� N •� O C. OD V] F. a' a •D m w O � �any� EXHIBIT B-13 9 P- ro a 7 W vo czi N L o O o 0 0 0 0 on o0 '�zi oyb'r� ��0'oUw U pp v q 0 0 0 0 0 0 0 o. g oo b, 0 ° 0 ja[+� GL O aa�, b o O CCV L N yy.�, •� M {� 0 H H M H H N C N• a N b C� O 0 .4 R H d d H Wo d 'o 00 o o Fr F q FT oq v O a°i `� 'A b .". �"' F" 4L .d O q m m m m id 'o o v 5'. m an on oo to e4 au en F H F' ,ti O O -O 0 p U .�1y .N b N '7 ... M y 41 ty U .O w W w W W w w w G U a y Z O W U NO U O Ji .� O o Q p F .- ° H F F H CIO F 0 H F W a H a H H .4 H Ia H r7 H EXHIBIT b-14 u N W d V Y UJ UJ 4J N N 4J U a, as w °a. 0 0 0 a. 0 0 0 0 0 0 0 a P. a P" w a w o O o 0 0 0 0 on o0 '�zi oyb'r� ��0'oUw U pp v q 0 0 0 0 0 0 0 o. g oo b, 0 ° 0 ja[+� GL O aa�, b o O CCV L N yy.�, •� M {� 0 H H M H H N C N• a N b C� O 0 .4 R H d d H Wo d 'o 00 o o Fr F q FT oq v O a°i `� 'A b .". �"' F" 4L .d O q m m m m id 'o o v 5'. m an on oo to e4 au en F H F' ,ti O O -O 0 p U .�1y .N b N '7 ... M y 41 ty U .O w W w W W w w w G U a y Z O W U NO U O Ji .� O o Q p F .- ° H F F H CIO F 0 H F W a H a H H .4 H Ia H r7 H EXHIBIT b-14 u N W d V u d a m 5 a b ed u m �o w h n w ro V U � m ° a" a" v v � N 0 P. P. � m 0 0 a a 5� CIO GO bp N by N O F% °� U q bA h C9 y F O0 44 °' aw . p ''° :3 ... W Pa �6 �>, eu F a on w v E°M C .c j� °J c"i q a A v ,rte. 0 p N •p N p�'d 'O^ .1 .O O N F > p ; O �oo.?row vao� B a��woa a R :L' O •� O T qIW a J] m y q y m a OA a o o n 3' c p> U CC b0 tj y U q0 NONNF�7'd a.E � �❑.0 'p���.a .� O U��`. �H U V ° ed°0o 4j b.q� to Ov 24 wp° ti �a ba Um bmo° Fo. ' w � oO U. -b > _ > w° •b`90 'daqm q 'p U m 01 0 m 0& .. °' n RO a �CFv' d&w° 'd a ti ti ti � qac bo y� d� y xo v� 0 o- 0. v y c W NF m Q ti R'j X z N y w .� •� rn .�a U N a _ a dz qx > o n h m i N � 0 a Q y EXHIBIT B-15 V u .4 a MA O N N Op U b0 U O N7i -Sq79q q q . b N ti N 0 0 0 o L o q .9 , iv m P+ o v v w° ,q� .pp .1j .0 q FFF77 Q< p iv. 1y° o q 'O O N -$4o T H q C A C G '° q>. -0 'd q if A > `d Cq 'O jq+ j m O .O w w w w w .d 'p^ tNy m ,-T• ❑N > bU. UR~1 Ti ty CL U. °� k ' °' o°°° 0 0 0 0 o N o v F bb m on ao oo � a 3 >p b a0i o° y wqqF bb Op 17 '" aqi 'dp w w w w w v abUb T.� o o m p ov c a a ti a L a a F 3 A� ° P, OU0 G Ry EXHIBIT B-16 Fs a a > a N H w v C 00 rl U U U U U U o O O O O a" aL aL b b b b b y m N N N N N M1 Pi M1 P, a, (l O N N Op U b0 U O N7i -Sq79q q q . b N ti N 0 0 0 o L o q .9 , iv m P+ o v v w° ,q� .pp .1j .0 q FFF77 Q< p iv. 1y° o q 'O O N -$4o T H q C A C G '° q>. -0 'd q if A > `d Cq 'O jq+ j m O .O w w w w w .d 'p^ tNy m ,-T• ❑N > bU. UR~1 Ti ty CL U. °� k ' °' o°°° 0 0 0 0 o N o v F bb m on ao oo � a 3 >p b a0i o° y wqqF bb Op 17 '" aqi 'dp w w w w w v abUb T.� o o m p ov c a a ti a L a a F 3 A� ° P, OU0 G Ry EXHIBIT B-16 Fs a a > a N H w v C 00 rl d .L a V 8 Hc q N U Wo p w OA b q T o o m E.p o a v q �fn �,O0 OA�% a'. H N N U H q'C N d N'aiUx {❑❑yy ep q a T q °�'� q d •� ° b a v H x N pp ^� A N O w N T T ° ' F . p .o w ro 'd b O A Y O O W A '° W0 O o U. x a v ` aa A v on v q y P R Q a.N " W❑ O N ate- O b N .:r a .� g q v Q o N, d v aqi o l N' U N N N O^ x F l~Ntl `ti ;� ° ° a '� ro aHi a a yo b V ° 'C '� fn H 'a •� p, y y y cn y H y n° NA m 3°° po ao 0 o h EXHIBIT B-17 m N ry w m � U U 'o^ � b ° w N ° � A 0 w �v � N .� o ««°p i.y ON o u a q .Q HAA c�c co �•n3'Sv�$NA0a�.roNW� co -23 oo v d, c ',u U U a7� 70 b 0�0 � U u ti y O U m T o2°.0 �4 aaop� w�5°°.5°°`fib >m w° a dg � y v - S zo N v� �o o- 4 d F n O V y Y 04 O �W `t U" U " � U H � ° " 3 b Z h� c '- m V C y w (7 EXHIBIT B-18 +•� .. o O "°-' [moi � O oo �0.. 01 a'a.�. o ° u.y B� o c 0 o n o m eo oo 04 ° w L N x .� •� t7 .� itl b ,a v a �� x o w N i 3� U N ti y vi U T a+ �pxp v oa.�� �y b b❑ .O, C 'a��- A 'b x y 'od y '•�"� N y p� 0 ai abim��00 aw�a v °nti•ob °� 4 ro v w .7 w^ a Fn S L s Q m N Ka mo o- 4 u Y .� w A r -i q w q 'O ^> N � c Y C7 U N U N U N V N U N U NN U O O O O O O O a a w w a P: a b b b b b b b NU N W N N U U N N W W �m g 0 m d a a w 0 a a 04 a 0 0 0 0 0 0 w a a ww a w w � DOo w° e0o� O 0 W 0 0 W 0 W 0,0 0 0 .n 0 o o b� ov cn cn Cl) m rn ) cn q w q 'O ^> N � c Y C7 � x •c ro 0 abi a m m ro b w o N o O O O O N b N p N W N W 4J U O O O U W W �m g 0 m d v FT C 0 � DOo w° e0o� O 0 W 0 0 W 0 W 0,0 0 0 .n 0 o o b� ov v': m'Q �' c .a a� a° 0 N q 'O ^> N � c Y C7 � x •c ro ° b EXHIBIT B-'19 N m �o ti Ca y: u d Qi 0 N n N ro m U � ° oH^ w � � U W_ a N a Ay ro m o o q ❑❑� m F, p ��q qp .� f -i 'O .� ,� P yj N >' +o p N � �y m � d��•5��m° mpayi3 �bq?`H"N ��� o°`H°N� �o� w aHi v= .g b b N F d ;n v p ., m e w H 3 w .^' 'C .pp O `° . '� w q .a d D o v v d b ° 'va"i °— .a y o v ,� o rob❑ F A 0. N o o en .M ro ti o U U •� w y b m N 5 N FL N y bA'ti ' d 0 p+N 0 a N`0° b.o0 v 0,0 ppyo q op , ?l2H. O 0.0¢� oU p Qv ¢ ad as h aA W api G�'i Q Q N w 12 b � a N U q d O O^ 0.N y Tom' N b d� ¢ U W ti U d L' U _ C N N y dP f+ tl w O O i t N 3 0. ti Qi W EXHIBIT B-20 u d QI LO EXHIBIT B-21 N m ^� U w L, N Ul _ d �a o A p ... � y z m O o '0 N M 'O O dao O O .0 b 0 w `� m o O a$„ o '� >. F m v o �° > m° o b 0 w o " ao to oCCo G O ! y u Q 0 � 3•�p'� q by � ...o•�� _TE o W ..�`�'� W V V U pc W 1] w0 0 0. Q °� T"'.UO. ti .n v 0. y w x N T '� . cn o -�'�+ h �y�° a'y�„o 4�bmao�� d 0. 0 o^ o T o> .� .0 'o A o C R' p'p O b W A O E N O o •� N GO ^O HP q j7 N d' q M b 4 t o m U.r o�UbP w N'� �v qa rnQ d N S a; � U w �o O •- 0. y L N N F'F Np U y U � 6 �x n� = ti y h � C j wg 0., Ji V d W H r o M. a0i N m 0 a0.. q ,q. O W N '> M q> ? m by a q q F q w q of � b m q aHi rya o ti a v T K q > p y ti> N P. O ..b °: w q a 0 N; N No .d❑ tE ". N .p N tUd tl O w N ,yam,y N .' 0 7 0 a0.. w� '�. > a R' q W? q q •� .� pwro a ago 3.� m aM yw o 04o o 0 H �aad� y a 3 � N H U V U U U U U o O •O O O O O 0 T ,G U > m z a" aH aH b b b b b b b O N O OJ N N N H M o O o 5 w° w w w eu � O O O O O O O P: w a w" w a w bo W H q W x ti W 4 W W b 'V �o On cn H r o M. a0i N m 0 a0.. q ,q. O W N '> M q> ? m by a q q F q w q of � b m q aHi rya o ti a v T K q > p y ti> N P. O ..b °: w q a 0 N; N No .d❑ tE ". N .p N tUd tl O w N ,yam,y N .' 0 7 0 a0.. w� '�. > a R' q W? q q •� .� pwro a ago 3.� m aM yw o 04o o 0 H �aad� y a 3 � EXHIBIT B-22 N H Oi N V U p o o v a M 0 T ,G U > m z pW qW O > z q > H p ro Z o N EXHIBIT B-22 m I u a V v N 9 5 V Q N �J 2 9 v N N N a; w 0 0 p o OA CpA oA T ,G pW qW q G Q q > H p ro Z H H M o O o 5 w° w w w eu � O o w o o O N> bo W H q W x ti W W W W b 'V v F� F� Fov F� H a H a H a H a H a H 3 a m I u a V v N 9 5 V Q N �J 2 9 v N N N a; U U U U N U N U O U O O w a w w O O O O a a w ro O q d ci q q �n! Vl y Vl O 0 � W •a .[ N y VTl H F � N N Cp ^' U b d q o b W 'd 'P N� a v A "v 73 '> 3 v r o o a 00 O q d qs q a o .� .� q 'F m '.0 O ,gym .p F O o q O m m 5y y .❑y o 0 0 .F b 42 o kp o p ti •O a °w�' P. 3 a O � [0 � n U r0• O O O rM1 U O O U a ro m EXHIBIT B-23 M N N N V 4. w U A E �a 0 PF 0 p a 0 '� '00 }c❑y� q T O 'D y O p U O V 0 "'5 �.p 0 pq P�,� m y m •'�A .0 oou v v 0. 0� v d '01U .r+ N N N Ci F o � b w a m ro y G E W .°3 U y Q V y� N as �w 0 Z5,_ N � C N U FF V N q Q U W oa CjY m C w vti d _U x �3 u � e 00 C a 0. t a �R w 4v w �A E F vOi r -I Q O W N y p d qNq A V '� p v id UN• 4N�" iC. G .E".1 O°D a o g W .tip?a> O N O N v° o o p o. C m� � `W'Jp v o o q o w ? P ° >. ° +� "Nap ' w.°. v ;usq 'p °q' u q°q °>' a b o eu p b m o o. P o v^ b w rn U o u G p'b v v k b❑ q0 4L r" y d w q b4 a� 4. U O p, °O ✓y1 k q m h '� 'meq q o u �� .a o 3 .°'. ,°q 3 x " v O U N� 'd m a� o U N� ,•t°o m aq 0b � .w W0 � O '� o iwi a p ti v 6 m h h ^ N ^ N � O d � O O ^ v P �' Chi NF Q U W r N o tE S W ~ N m 9 UN 0 V i d 6 �x tl m 9 a N nJ N EXHIBIT B-24 V d .L A4 u 0 0 0 0 rl M U° q � N tltl H � i P� ,n U '.� U ' H uuy b abi •a�O v d. ro ° �"y .p q,''3 v ❑p m o agyp" 'd G H O N N q'Do cn Qq° p O a > a3 ro 0 b w �'` m y> o i F v ro .�% OU d z z �� ti Z Y U° w ." 0 ° o b o ap o o qo tr « q c°'i• m q N 0. O? « d y�° � a o NU'a� mwA'o wU'O q Uro aaO m EXHIBIT B--25 U U V U U U U U N N N U OOOOO 00 W Psi W Pr ro ro ro ro ro ro 0 00 0 0 0 0 0 0 0 0 0 a a w a P: P. ro N N N NN+ ttl F d ) t0 n ) 2 q0 .� .�c Ji 0 U P. w w q a P . awai y G p: u o 0 0 0 ',m. q OA � M Gq ,F' 2 q q q a q . m O L1' o O O :p e�+n e��n ern on m > N ° w 0 a o m 0 o U .d o 4J N N o ° O Ci U W .« a� v ^" 0 y a z a, z z w a °. m N 9 H y v ti N N d 'o a Mw EXHIBIT B -20 b N a N ro U C m P. w PH aH aH aH w a a F � •N •N •N V N N N N N w O w O m O w O m O 0 O N O 0 O m O p O O O O O O O O O H a H a H a H w H a H s H a H a M w 12 3 12 d ro m O � O on a a �3 .pd L0q' L09' ,^LCi9' aa+ p o w C4 o 0 0 o p p a Q v v v v IN p U N N N N a H U N,q N p H b o d Po '.� Q p, '� '� '� '� 'ro '� .-6 d d H H U N CA Cq Cp m to CD N q a �O y p > U> a o w w° w° w w° w H H ay A A A A A A V� a p [/J a . z Z z F y z aH cq aH �� qp y� mo N [tl i N q $ a 4 Si JG N El 'y Q U W q N ti B p U O lA ti � m °p, O 2 .°i o v " T EXHIBIT B -20 EXHIBIT C SUMMARY OF ALTERNATIVES TO THE PROJECT A. ALTERNATIVE A 1. Description. With Alternative A, the proposed replacement hospital, medical office building (MOB), and parking garage would be reorganized and sited so that the main vehicular entrance continues to be from El Camino Real instead of Trousdale Drive as with the originally proposed project, and the Revised Project. The main driveway road would bring cars along the south (Davis Drive) side of the property, to access the garage. A large surface parking lot would also be located on the south side. The service vehicle loading dock entrance would be off of Trousdale Drive opposite Magnolia. The front door of the hospital would be oriented toward Davis Drive and the hospital is located closer to Trousdale. This alternative, similar to the Revised Project, included rerouting the San Francisco Public Utilities Commission (SFPUC) water pipeline that traverses the site, parallel to and approximately 400 feet from El Camino Real, to the Medical Center's EI Camino Real frontage. The MOB would be located south of and detached from the replacement hospital but could be physically connected via an aboveground pedestrian bridge and/or underground tunnel. 2. Comparison to the Revised Project. Like the Revised Project, Alternative A avoided the loss of open space and the change in the visual character along El Camino Real that were problems with the project as originally proposed. Alternative A, however, would also avoid the visual impacts along the Davis Drive side of the project. The undeveloped portion of the site reserved for future Peninsula Hospital District use is much smaller than with the originally proposed project or the Revised Project. Alternative A would increase environmental impacts associated with a parking shortfall during construction because unlike the proposed project or the Revised Project, the construction of the parking garage could not occur until after demolition of the existing hospital. 3. Findings. Alternative A is not environmentally superior to the Revised Project. It would have the same construction noise impact. The parking deficit associated with the inability to construct a garage until after demolition of the existing hospital would worsen the parking deficit during construction in a manner that could not be mitigated and would remain significant and unavoidable. Alternative A would increase noise and headlights impacts on Davis Drive side neighbors, although it would reduce building view impacts. Alternative A is, however, not feasible or consistent with project objectives. In addition to the parking difficulties during construction, there is no direct connection between the replacement hospital and the MOB. It also is not feasible because between the El Camino entrance and the drop-off area there would be an unacceptably steep 16% access grade. Moreover, because the MOB would be located on the site of the existing hospital, it could not be constructed until after demolition, and the new hospital cannot be licensed for operation without essential support services that are to be located in the MOB. Thus under Alternative A the existing hospital could not operate until the replacement hospital is operational. EXHIBIT C - 1 Other issues of concern were the relatively remote location of the garage, the inadequate separation between public and ambulance entries into the emergency department, infeasible service access to and from Trousdale, impractical location of the so-called technology dock in the services/loading dock area and an impractical location of the helipad. Therefore, Alternative A does not meet the project objectives of the applicant and the community, including keeping the existing hospital operational until the replacement hospital is in service. B. ALTERNATIVE B 1. Description. With Alternative B, the proposed replacement hospital, MOB, and parking garage would be reorganized and sited so that the main entrance would be from Trousdale Drive as with the originally proposed project and the Revised Project. Alternative B would have a greater setback from El Camino Real (45') than with the originally proposed project, but less than with the Revised Project. The MOB would be detached from the replacement hospital and located on the opposite side of the SFPUC water pipeline and easement, but could be physically connected via an aboveground pedestrian bridge. Unlike Alternative A and the Revised Project, this alternative assumes that the SFPUC water pipeline and easement remain in their current alignment (parallel to and about 400 feet from El Camino Real). The front door of the hospital would face toward the south in the direction of Davis Drive and Marco Polo Way. The garage would be sited west of the MOB and, because it would be located on the site of the existing hospital, constructed entirely after demolition of the existing hospital. A large employee and public surface parking lot would be located between the buildings and the southern property line. Access to the loading dock would be from Trousdale opposite Magnolia. 2. Comparison to the Revised Project. Alternative B would reduce the significant and unavoidable change in the open space character along EI Camino Real as compared to the originally proposed project, by increasing the set -back to 45 feet, but this set back is less than that proposed with the Revised Project. The massing and footprint of the hospital would differ from the Revised Project. Alternative B increases the physical separation of the buildings from the Davis Drive residences, and thereby reduces visual impacts, although there is still a potential of noise and headlight impacts associated with the parking lots, driveway, drop-off area and garage entrance facing Davis Drive. Neither the MOB nor the parking garage could be built until the existing hospital is demolished. All patients, including emergency department visitors and ambulances, would use the same main entrance on Trousdale near Ogden. The cooling towers would be located along Trousdale Drive. 3. Findings. Alternative B would require a substantial redesign of the hospital's interior spaces and its structural base -isolated system. To determine the feasibility of the redesign would require substantial additional expenditures and time which is not warranted because Alternative B does not meet the objectives of the applicant or the community. Alternative B is not consistent with a primary objective of the applicant and the community to EXHIBIT C - 2 keep the existing hospital in operation until the replacement hospital is in operation. This is because the MOB, which includes core services necessary for the licensing of the replacement hospital, could not be built until the existing hospital is demolished. Like Alternative A, Alternative B also eliminates direct access between the hospital and MOB. The delays in construction of the parking structure is also inconsistent with a project objective of providing adequate parking on-site during construction. The parking garage would also be located a greater distance from the main entrance to the hospital and require patients and visitors to navigate from the garage past the emergency department to the main entry. The siting of the garage also creates a potential for noise and light impacts on the Davis Drive residences. Other concerns include inadequate separation between public and ambulance entries to the emergency department, infeasible service area access to and from Trousdale Drive, the improper location of the technology dock distant from the emergency and imaging departments, and an impractical location for the helipad (with obstructions on two side). :���NM�l:7►/:�Yl�/xy 1. Description. Alternative C generally proposes the same basic site plan as the project as originally proposed, with the hospital's front door facing toward Marco Polo Way and the rear of the hospital and loading dock facing El Camino Real, with three substantive changes: (a) the cooling towers are relocated to the northern corner of the site, and partially below grade, thereby reducing the screen wall associated with the originally proposed project along El Camino Real and increasing the setback along El Camino Real to between 25' (along loading dock area for about 324' or about 36% of the El Camino Real frontage) to about 85'-90' at the cooling towers and along the rest of the hospital building frontage, (b) the public access trail is routed to be separate from the loading area, and (c) internal vehicle access is reconfigured into the public surface parking area off of the Trousdale Drive main entrance. The MOB would be attached to the hospital and located 110 feet from Davis Drive residences. 2. Comparison to the Revised Project. Alternative C has less overall setback than the Revised Project along El Camino Real (the Revised Project has a maximum setback of 165'), but would have an increased sense of open space at the El Camino Real/Trousdale corner. The MOB with the Revised Project is aligned along, but set back 76 feet from El Camino Real. Under Alternative C, the MOB is located 140 feet from the Davis Drive side property line. Under Alternative C the parking garage would be located approximately 60 feet southwest of the MOB and approximately 100 feet from the Davis Drive property line. With the Revised Project the garage is located on the northeast corner of the site. Alternative C would have the same significant impacts on Davis Drive residents as the originally proposed project because it includes similar building massing and distances with respect to the MOB and garage, and a somewhat lesser visual impact from the Revised Project. With Alternative C, like the originally proposed project, but unlike the Revised Project, only a portion of the garage can be constructed prior to opening the new hospital. In addition, a potentially significant impact identified with Alternative C that is not identified with the Revised EXHIBIT C - 3 Project relates to ease of site access and on-site circulation. Access and circulation with Alternative C would be from Trousdale near Ogden. With the Revised Project, the main entrance on Trousdale would be at Magnolia and the emergency entrance would be from near Ogden (rather than at Magnolia). There would be about 40 more parking spaces with the Revised Project. 3. Findings. Alternative C would ameliorate a lesser number of impacts than the Revised Project. Alternative C would avoid the originally proposed project's impacts related to (a) loss of open space along El Camino Real, and (b) inconsistency with the City's goals regarding development and visual character along the gateway portion of El Camino Real. However, Alternative C would have the same significant unavoidable parking impacts during construction as the originally proposed project. Also, like the originally proposed project, Alternative C would result in an additional significant and unavoidable visual impact on Davis Drive residents because the mitigation measure, to step back the top floors of the MOB, is not feasible, and the parking garage, which has been so objectionable to the Davis Drive residents would be located close to their homes. The Revised Project avoids or mitigates to less than significant levels impacts associated with the originally proposed project related to (a) loss of open space along El Camino Real, (b) inconsistency with City goals related to development and visual character along the gateway portion of El Camino Real, and (c) parking deficits during construction. Because amongst all of the alternatives the Revised Project potentially causes the fewest significant and unavoidable impacts, the Revised Project is considered the environmentally superior alternative. D. NO PROJECT ALTERNATIVE 1. Description. With the no project alternative, the existing hospital and medical office buildings would remain on the site in their current use and location. None of the project components, i.e., a new replacement hospital, new MOB, and new parking garage, would be constructed and El Camino Real would continue to serve as the main entrance. 2. Comparison to Revised Project. The no project alternative would not update or modernize the existing facilities (other than a potential seismic retrofit), and would not provide shell space for future hospital growth. 3. Findings. The ability to continue to provide continuous operations in the existing facilities without a seismic retrofit is precluded by SB 1953, which requires that hospitals be seismically retrofitted or replaced consistent with state standards. The applicant and the District, however, have determined that seismically retrofitting the existing hospital would not be feasible because of the cost and the disruption to existing programs and services. Any such project would also require substantial changes to the hospital's interior spaces - thereby compromising hospital facilities and delivery of services to the community. Numerous clinical services would require relocation to other sites or closure for substantial lengths of time with a retrofit plan. For these reasons, the no project alternative is infeasible. Further, because of the requirements of SB 1953, the failure to retrofit or to replace the existing hospital, would result in the eventual closure of the hospital. Such action is not consistent with the objectives of the applicant or of this community. E. OTHER ALTERNATIVES The Draft EIR included a discussion of other alternatives, and in response to concerns raised in the Draft EIR, several additional plans were studied to address the site planning and environmental impacts identified in the Draft EIR for the originally proposed project. These latter studies are described in the Response to Comments portion of the Final EIR, and were presented in a Planning Commission/City Council study session and at Planning Commission and City Council hearings. The Response to Comments includes a description of the main components of these Sketch Studies and a summary of the reasons each Study has been determined to be infeasible. The Council finds, for the reasons stated therein, that these additional alternative plans are not feasible and not consistent with the project objectives. I1.T[I. 7107 STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act (CEQA) requires that in the event an agency chooses to approve a project which includes significant and unavoidable impacts which can not be reduced to acceptable levels the agency must adopt a written Statement of Overriding Considerations which identifies why the local agency is willing to accept each significant unavoidable effect. The purpose of the statement of overriding considerations is defined in CEQA Code Section 15093 (a and b): (a) CEQA requires the decision -maker to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits ofa proposedproject outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable. " (b) When the lead agency approves a project which will result in the occurrence ofsignificant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. The statement of overriding considerations should be read in conjunction with the findings under Section 15091 and should be used in decision making to balance the benefits of the project against the unavoidable environmental risks. CEQA also requires that the statement of overriding considerations be included in the record of project approval and mentioned in the Notice of Determination. Significant and Unavoidable Effects The proposed Revised Peninsula Medical Center Replacement Project has two environmental impacts which are significant and unavoidable and cannot be reduced to levels acceptable to the community. They are: Impact VQ -1: The project would alter the visual setting and significantly affect viewer groups in the Davis Drive neighborhood. Impact NO -1: Construction of new facilities at Peninsula Medical Center would temporarily generate noise levels that would exceed the limits set forth in the Burlingame General Plan. EXHIBIT D - 1 Statement of Overriding Considerations While the Final Environmental Impact Report (FEIR) composed of the Draft EIR, Revised Draft EIR, and Responses to Comments Document, notes that development of the project may result in the generation of significant visual quality and noise impacts, the City Council hereby finds that, for the reasons set forth below, that the economic, social and other considerations of the project outweigh the unavoidable visual quality and noise impacts identified in the findings. First, a full service hospital and medical offices have been on the project site since 1957 and have been an integral part of the community's economic base and the neighborhood since that time. The hospital project, including the support medical offices, is consistent with the adopted goals and policies of the Burlingame General Plan and more specifically, the North Burlingame/Rollins Road Specific Plan. The project is consistent with the land use designation of the site for hospital (Institutional) use, and the existing hospital is mentioned in the General Plan as a major community facility. In addition, the project preserves the open space character along El Camino Real at the project site, which is specifically called for in the Open Space Element. The project's open space along El Camino, more pedestrian friendly design, and acceptable treatment of a key gateway site to the City are all consistent with City policy and values as expressed in the North Burlingame/Rollins Road Specific Plan. Second, closure of the present hospital for an extended period for reconstruction or retrofit or closing the hospital completely would not be consistent with the goals and policies of the General Plan nor is it acceptable to the City or the Burlingame community; as described in the Fifth Finding below, this facility serves the regional health needs of thousands of citizens and there is no immediately available or feasible alternative. Third, there are no alternative building sites of the required size with ready regional access available in the City of Burlingame for hospital and supporting health care faculties of the level provided by the District and required by the residents served by the District. Fourth, the project is required by state law. The Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1994 (SB 1953) requires all hospital facilities to meet new seismic safety standards so that the hospitals will be able to continue to operate and provide services after a disaster. The existing hospital does not meet these new seismic safety standards. As result, the hospital must be either retrofitted or replaced no later than 2013 if an extension from the 2008 deadline is granted by the State. Studies conducted by both the Peninsula Health Care District and Mills -Peninsula Health Services determined that retrofitting the hospital would be undesirable because of the expense, the disruptions in patient care, and the fact that space in the existing hospital is not arranged to adequately accommodate modern technology necessary for quality patient care and employee/health care provider support; a new hospital would provide larger space that is optimally arranged to accommodate the needs of both health-care providers and patients. EXHIBIT D - 2 Fifth, the project is necessary to provide health care to the residents of the Peninsula Hospital District, a public agency administered by an voter -elected board. The Peninsula Health Care District encompasses the Cities of San Bruno, Millbrae, Burlingame, San Mateo, parts of Foster City and South San Francisco, the Town of Hillsborough, and unincorporated areas adjacent to these cities, with a growing population of more than 240,000. The nearest hospitals providing comparable services are Seton Medical Center in Daly City serving the northern portion of San Mateo County (some 12-15 miles and over 20 minutes away) and Kaiser Permanente in Redwood City serving the southern portion of San Mateo County (some 10-15 miles and over 20 minutes away); Peninsula Hospital generally serves residents in the central portion of urban San Mateo County. During the past year, the Peninsula Medical Center served approximately 600,000 outpatients. This acute care hospital provides emergency room, intensive care, imaging, surgery, and a host of other essential health and health related services. The hospital is an integral part of the health care system for those living and working in San Mateo County, and has an essential role in all emergency and disaster response operations. It is also the nearest emergency medical facility to San Francisco International Airport. Sixth, the project is necessary to retain a major employer in the City of Burlingame. The hospital is the largest single employer in the City. With over 1,400 employees, the Peninsula Medical Center has more than twice the number of employees of the second-largest employer in Burlingame. As such, the hospital is an important element in the City's economy, both by employing City residents and by generating direct and indirect tax revenue, including significant sales tax and property taxes to the City from secondary uses that surround the hospital and are economically dependent upon it. The General Plan contains the following goal: "to enhance the local economy, and the prospects for economic well-being for all residents." Retaining the hospital in the City is consistent with this goal. The economy of the North Burlingame area and its adjacent residential neighborhoods has been dependent upon the support provided from the hospital and the related activities which it attracts, including the many medical offices and doctors working in them. Loss of the hospital or the reduction of the hospital to an outmoded, unsafe facility would inhibit, if not prevent, the accomplishment of many of the goals and policies of the North Burlingame/Rollins Road Specific Plan, and would probably delay the rejuvenation of the area as a transit -oriented, mixed use center of office, retail, and housing, which is also a crucial part of the Housing Element of the City's General Plan. In addition, the long-term vitality of the adjacent neighborhoods of the City of Millbrae is directly related to the continued operation of a modern medical facility. Seventh, the significant and unavoidable visual quality impacts occur only because there are no other mitigation measures that could be applied to further reduce or avoid the impact on visual quality. The hospital structure, which is set back over 100 feet from the Davis Drive property line, and the taller west wing steps back 280 feet for its upper stories except for the stair tower which is setback 119 feet. The size of the structure is dictated by the space requirements of modern technology required for advanced health care services and the State requirements for structures that accommodate hospitals. To accommodate the current and provide for flexibility for the requirements of future technology, the height of the hospital cannot be further lowered, I0,4:I15,118 ata and the towers cannot be further set back. In order to provide continuous health service to the residents of Burlingame and to the members of the District it serves as discussed above, the existing hospital must continue in operation and have direct, continuous and safe access until the new facility is built. The requirement to retain the fully operational existing hospital severely limits the location, height and building footprint choices on site for the new hospital and its supporting facilities. Given the nature of the project and the site, there is no way to further reduce the impact of the hospital on sky views to the north from properties in the immediate vicinity of Davis Drive. Eighth, the second significant and unavoidable impact, construction noise, also occurs because there are no other mitigation measures that could further reduce or avoid noise impacts during construction.. The EIR includes a requirement for Best Management Practices to reduce noise as much as possible. However, construction and demolition projects of this size and nature generate significant amounts of noise, and there is no way to fully reduce the noise to levels that are within the community's standards. Because of the size and importance of the site, any development of the site would create construction noise of significant levels. However, the construction noise from the project will be substantially reduced when work is being done on the interior of the building so the significant and unavoidable effect is not continuous for the entire period of construction and demolition. Ninth, there are no alternatives to the project with fewer significant unavoidable impacts. City staff, officials and consultants developed and evaluated a number of alternatives working with the hospital's architects over twenty-four months to explore as many development options as possibly available on the site. Through this process, the originally proposed project with six significant unavoidable impacts was replaced with a project with one significant unavoidable impact related to the placement and design of the project. The second significant and unavoidable impact is construction noise which would be present as significant and unavoidable for any alternative including reconstruction and retrofitting the existing hospital. None of the alternatives reviewed which met the objectives of the project applicant or the community had fewer significant and unavoidable impacts than the project. EXHIBIT D - 4 EXHIBIT E CONDITIONS OF APPROVAL PENINSULA HOSPITAL REPLACEMENT PROJECT General: that the project shall be built as shown on the plans submitted to the Planning Department and date stamped September 10, 2004, Sheets A0.01 through PS7, including topography, grading, utilities, landscape plans, floor diagrams, site plans, phasing plans, site section, elevations, parking structure plans, etc., and as shown on the perspective drawings of the Pedestrian View along El Camino Real at Medical Office Building and the View from Davis Drive Property to the South date stamped November 10, 2004 as they may be refined pursuant to Condition #5; (Planning, Building) 2. that the project shall include a hospital with a floor area of not more than 441,000 square feet and a medical office building with a floor area of not more than 150,000 square feet; (Planning, Building) 3. that the project shall provide a minimum of 1,490 parking spaces, with 809 spaces in the parking garage and no more than twenty (20) percent of the required parking shall be in compact parking spaces; (Planning, Building) 4. that construction shall be carried out in the phases described in the Environmental Impact Report and the phasing plans dated September 10, 2004; (Planning, Building, Public Works) 5. that the approved exterior design of the hospital, medical office building and garage shall be further refined by the applicant pursuant to Planning Commission and City Council direction, and the refined designs shall be submitted to the City Planner for review and approval prior to issuance of the building permit for the parking garage; if the City Planner determines that the submitted exterior designs are inconsistent with the exterior design approved by the Commission and City Council, the design shall be forwarded for review and approval to the Planning Commission; in any event the emerging and final design of the medical office building, hospital and parking garage shall be forwarded to the Planning Commission for their information; and that any material changes in floor area, design, or use shall require City approval of an amendment to this use permit;(Planning) 6. that the applicant shall record an access easement between the Mills Peninsula Health Services property at 1811 Trousdale Drive and the adjacent Peninsula Hospital District property to the south before closing the El Camino Real access to the existing hospital, and that prior to issuance of a building permit for the garage, the applicant shall record an access easement or otherwise demonstrate legal irrevocable access for construction and parking ingress and egress between the merged Mills Peninsula Health Services properties along El Camino Real and the Peninsula Hospital District property to the west, to the satisfaction of the City Attorney; (Public Works) that an application shall be submitted and recorded for a lot line adjustment for the exchange of 35 feet of street frontage along Trousdale Drive from the east side to the west side of Magnolia Gardens Care Center between Mills Peninsula Health Services and Magnolia Gardens Care Center prior to the issuance of a building permit for the parking garage; (Public Works) EXHIBIT E - 1 11/1812004 8. that the two parcels with frontage on El Camino Real that are owned by Mills Peninsula Health Services shall be merged and the map recorded prior to issuance of a building permit for the parking garage; (Public Works) 9. that prior to issuance of a building permit for the medical office building, the three parcels remaining after compliance with Condition #8 shall be merged, the map shall be recorded, and the zoning shall be changed to Unclassified for the resulting parcel; (Public Works) 10. that if the actions described above in Condition 49 and all prerequisite conditions are not complete within five years of the approval of this Conditional Use Permit, the City shall review and modify the Conditional Use Perniit as appropriate; (Planning) 11. that no building permit shall be issued to any structure whose required parking is on a separate parcel;(Building) 12. that any improvements for the replacement hospital structure shall meet all requirements of California law and shall be approved by the California Office of Statewide Health Planning and Development; (Building, Planning) 13. that within three years of completion and occupancy of the new hospital facilities and medical office building, the existing hospital structure and its support facilities shall be demolished and all on-site and off-site improvements completed, inspected and approved by the city; (Building, Planning, Public Works) 14. that no later than the last phase of hospital construction (demolition of the existing hospital), the applicant shall meet with the property owners in the Davis Drive neighborhood to discuss whether or not the proposed landscaped area and improved pedestrian access from Davis Drive to the hospital site, which is shown on the approved plans, shall be provided or the site shall be used for an alternative use; and that if the parties cannot agree, the issue shall be decided by the Planning Commission; (Planning, Neighborhood) 15. that any future development on the 4.15 acre undeveloped area to be left for future use or disposition by the Peninsula Hospital District shall require a conditional use permit from the City of Burlingame and shall be subject to review under the California Environmental Quality Act; (Planning) 16. that the applicant shall apply for and receive approval, including required permits, from all other regulatory public agencies as necessary and required prior to the issuance of a building permit for the parking garage, including but not limited to the California Department of Transportation, the San Francisco Water District/ SF PUC, the Federal Aviation Administration, the San Francisco Regional Water Quality Control Board, the San Francisco Air Quality Control Board, the San Mateo County Airport Land Use Commission, and San Mateo County Transit Authority; (Planning) 17. that in the event of any discrepancy between adopted EIR mitigation measures for the project and these conditions of approval, or between any of these conditions of approval, the most stringent requirement shall apply; (Planning) 18. that the applicant shall pay for and designate an appropriate area to locate a significant piece of public statuary, art or fountain in the gateway area along El Camino Real at a location no further south than the medical office building approved by the Planning Commission; this proposed art work shall be selected and reviewed using a process with public input developed by the City for the selection and placement of public art and shall be installed at the time of the EXHIBIT E - 2 1111812004 final landscaping and hardscape on this comer of the site; the public art shall be substantial enough to become a focal point for the gateway and site and to help mitigate the location of the parking structure; the applicant shall pay to install the artwork and maintain it after installation; (Planning) 19. that the surface parking area which is a part of the lease agreement for this development should be available through good faith negotiations with the lessor and hospital operator to facilitate future development of the remaining 4.15 acre site by the Peninsula Hospital District and reduce the extent of surface parking on the total site; required parking for the hospital can be met after CEQA review by joint use of an appropriately located and sized multi-level parking structure by amendment to this conditional use permit; (Planning) Traffic, Parking and Transportation: 20. that neither the hospital or medical office building nor any other use on the site shall charge employees, clients, patients or visitors for the use of on-site parking without an amendment to the conditional use permit, for which the application shall include traffic and circulation studies documenting the impacts of a pay -for -parking program on the site access, on-site circulation, use and shift of use of on-site parking, impact on access to and from any part of the site, and any possible impact on off-site and on -street parking in the vicinity of the hospital and medical office building; (Planning) 21. that the applicant shall develop a Transportation Demand Management (TDM) program for the hospital and medical office building which shall be approved by C/CAG and the City of Burlingame consistent with C/CAG requirements, and that the required facilities for the TDM program shall be included in the plans for each facility prior to filing the plans for the new hospital structure with the California Office of Statewide Health Planning and Development or issuance of a building permit for the parking garage, whichever comes first, and shall be installed and/or implemented prior to occupancy of each structure; (Planning) 22. that the applicant shall do a baseline study and then monitor parking usage quarterly throughout construction, and if the monitoring reports, resident complaints and/or staff observations demonstrate that parking for this project is occurring off-site, the hospital shall propose modifications on-site to address the increase above the baseline which shall be approved by the City Engineer; and the approved necessary changes shall be implemented as soon as feasible by the hospital operator; (Planning, Public Works) 23. that following the completion of construction and occupancy of the replacement hospital, the applicant shall monitor parking usage quarterly for the first three years; if any quarterly study indicates that the on-site parking required is inadequate, the applicant shall identify solutions in consultation with the City Engineer and shall implement the approved improvements in a time frame established by the City Engineer; (Planning, Public Works) 24. that no construction traffic shall use the Davis Drive access to the hospital, and no employees associated with the construction shall use the Davis Drive entrance to the site or shall park on Davis Drive or nearby residential streets; (Public Works, Neighborhood) 25. that to monitor the effectiveness of traffic access, circulation and parking during the entire construction period, including construction trucks and equipment, the applicant shall hire an independent traffic consultant to conduct a baseline parking and traffic study prior to the start of garage construction and to update the study quarterly during each critical phase of EXHIBIT E - 3 1111812004 construction, and the baseline and intermediate studies by the traffic consultant shall be reviewed by the City Planner prior to issuance of the building permit for the garage; and that the applicant shall resolve any unanticipated problems identified through these traffic and parking studies and/or by the City Engineer within 15 days; (Public Works, Planning) 26. that the recycling deposit for the demolition of the existing hospital structure that is required pursuant to Condition #96 will be retained until the Davis Drive entrance is closed and landscaped to the satisfaction of the City Engineer and the City Arborist, and that the City may use these funds to close the Davis Drive entrance as required; 27. that the applicant shall include language in all construction documents prohibiting all construction traffic from using the Davis Drive entrance; (Planning) 28. that the applicant shall provide a plan for traffic control for each phase of construction, to be approved by the Department of Public Works prior to issuance of the next set of permits required for the project; (Public Works) 29. that at no time shall any person connected with the operation of the hospital direct, order or encourage parking off-site, and the hospital shall take all reasonable steps to ensure that staff and employees park on the site itself in the parking provided pursuant to this approval; (Public Works, Planning, Neighborhood) 30. that the relocation and reconstruction, including paving and striping, of the Magnolia Gardens Care Center's required parking (west side lot) shall be done prior to the time that the construction entrance at Magnolia/Trousdale is built, with the final provision of a total of at least 26 on-site parking spaces for Magnolia Gardens; (Planning, Building) 31. that existing parking on the east side at the Magnolia Gardens Care Center shall not be demolished or restriped until the new west side lot parking is in place, construction of the west side lot shall not commence until the City has approved all required permits, and all construction shall be completed within 90 days;(Planning, Building) 32. that use of the fire access lane on the south side of the property shall be limited to pedestrians and emergency vehicles only; (Planning) 33. that trucks shall not be left more than 48 consecutive hours on the hospital site, either at the loading docks or in the parking areas; however, this condition shall not apply to a truck that is directly attached to the technology dock; (Planning) 34. that the hours for delivery at the hospital loading dock off El Camino Real shall be limited to 7:00 a.m. to 10:00 p.m. Monday through Friday, 8:00 a.m. to 10:00 p.m. Saturdays, Sundays and Holidays; these hours do not apply to non -routine delivery of medical equipment or consumable medical supplies that are required for urgent or emergency use in the following 24 hours; holidays are defined in Burlingame Municipal Code Section 13.04.100; these hours shall be posted in clear public view and each vendor shall be notified of the hours of delivery; (Planning) 35. that the applicant shall install and/or replace streetlights along the project frontage on El Camino Real and Trousdale Drive, and the size, design and location of the streetlights shall be approved by the Department of Public Works and shall have CalTrans permits prior to installation; (Public Works) EXHIBIT E - 4 1111812004 36. that the hospital operator shall permanently maintain an off-site supply warehouse to be used to stage deliveries to the hospital in smaller trucks for the duration of this permit, and that if this warehouse supply system is materially altered, the hospital shall pay for an independent traffic analysis of the change in the number and size of trucks used for deliveries, and shall provide appropriate mitigation as determined by the Planning Commission by amendment to this Conditional Use Permit; (Planning) 37. that the hospital shall inform and require all vendor trucks to use El Camino Real and city - designated arterial streets and not to use adjacent residential streets (collector or local) in traveling to or from the hospital, and failure to comply shall result in a review of the use permit; (Planning) 38. that the applicant shall pay the North Burlingame/Rollins Road Development Fee based on peak hour trips generated by the hospital and medical office building; with the fee for the hospital paid in two installments, one-half at the time of city approval of the project and one- half before demolition permits are issued for the existing hospital building; and the fee for the medical office building paid in two installments, one-half within 90 days of City Council certification of the Final EIR and one-half before the final inspection is scheduled for the medical office building; (Planning) 39. that the applicant shall replace the bus shelter on El Camino Real as directed by SamTrans and shall obtain all approvals for adjusting the location of the bus stop from required agencies prior to installing the curb, gutter and sidewalk improvements on the El Camino Real frontage of the site; (Public Works) 40. that, because of the importance of providing continued access to the Burlingame Plaza Shopping Center from Trousdale between El Camino Real and Magnolia, the applicant shall prepare a traffic study to modify the left -turn movement/lanes into the hospital site to retain the existing left -turn pocket on Trousdale eastbound into the Burlingame Plaza Shopping Center, and, working with the City Engineer, determine how these changes can be most safely implemented including modifications to the mitigation monitoring plan which will clarify and improve access to both the hospital and shopping center; the identified solution shall be incorporated into the roadway improvements on Trousdale to be installed by the applicant; (Public Works) Signals: 41. that the applicant shall design, install and pay for any and all necessary upgrades to traffic signals including at Trousdale/Magnolia and El Camino Real/Trousdale intersections, as well as roadway restriping, and other transportation improvements required by the project, as described in the project plans dated September 10, 2004, the EIR for the project, and in the transportation Mitigation Measures set forth below; (Public Works) 42. that traffic signal plans shall be submitted to the Department of Public Works for all changes to traffic signals due to the project, and the plans shall be reviewed and approved prior to implementation pursuant to encroachment permits; (Public Works) 43. that prior to issuance of the demolition permit for the existing hospital building, the applicant shall provide an irrevocable letter of credit or other form of security acceptable to the City Attorney to cover the estimated cost of installation of a single traffic signal at the new Trousdale Drive emergency/staff entrance, which improvements, if necessary, shall be installed EXHIBIT E - 5 1111812004 within three years of the date the security is provided. The applicant shall conduct traffic counts at the Trousdale/emergency entrance intersection approximately twelve months after the start -of -service date of the new hospital to determine whether the Manual of Uniform Traffic Control Devices peak hour signal warrants are met or exceeded at the new entrance, and if so, the applicant shall pay for the cost of installing said traffic signal improvements to City standards and requirements. In the alternative or in combination with improvements at the Trousdale/emergency entrance and if determined to be necessary by the City Engineer, the applicant shall pay for the cost of installing appropriate traffic control improvements at the intersection of Trousdale and Ogden or Marco Polo Way, provided that in no event shall the applicant be responsible for total costs, construction or installation greater than the dollar amount of the security provided for the one traffic signal; (Public Works) Helipad: 44. that a State Heliport permit shall be issued by the California Department of Transportation, Division of Aeronautics, for the replacement helipad prior to the issuance of a building permit for the medical office building; (Planning) 45. that the helipad shall be operated within the criteria of the State Heliport Permit and that no more than eight helicopter trips shall arrive at the hospital within any single month, with a maximum of 24 trips per year and that the only exception without amendment to this permit shall be in the event of natural or declared emergency; (Planning) 46. that helicopter service to the site shall cease during construction as required by the Federal Aviation Administration and the CalTrans Division of Aeronautics; (Planning) 47. that the primary helicopter flight path shall be the approach from the northeasterly direction over the intersection of El Camino Real and Trousdale Drive as shown on the Flight Path Layout dated September 29, 2004, prepared by Heliplanners Aviation Planning Consultants, and that the westerly flight path arc shall only be used when strong wind conditions prevent the use of the primary flight path; helicopters shall not use the westerly flight path are without Planning Commission review and approval except in emergency situations; (Planning) 48. that before the Peninsula Medical Center is identified and/or licensed to operate as a regional trauma center, the Planning Commission shall review and rule on any physical changes caused, including changes in helicopter and emergency service vehicles, and determine how the implementation of these changes will have the least impact on the safety and environment of the residents and businesses in the area; (Planning) Public Works/Engineering: 49. that curb and street elevations and detailed driveway profiles, as well as driveway transitions, for each phase of work shall be submitted to and approved by the Department of Public Works prior to issuance of construction permits for that phase of work; (Public Works) 50. that detailed plans for the curb, gutter and sidewalk realignment at the Marco Polo entrance shall be submitted and approved by the City prior to the commencement of work on the entrance and in the Marco Polo staff parking lot and that the driveway at Marco Polo Way shall be redesigned to be perpendicular to the street to provide safe sight distance for vehicles exiting from the parking lot, and the design shall be approved by the City Engineer before issuance of an encroachment permit; (Public Works) EXHIBIT E - 6 /!//8/2004 51. that all changes required within the right-of-way of Trousdale Drive for this project shall be reviewed and approved by the Department of Public Works pursuant to the encroachment permit process and approved for each phase by the Department of Public Works prior to implementing each phase; (Public Works) 52. that any damaged asphaltic concrete pavement along the project frontage on Trousdale Drive, El Camino Real and Marco Polo shall be repaved to pre -project conditions; (Public Works) 53. that, for each phase of construction, the applicant shall post a performance bond payable to the City of Burlingame for an amount sufficient to construct all required improvements for that phase of the project which are located within the public right-of-way including, but not limited to, curb, gutter, sidewalk, road way construction, utilities, traffic signals and street lighting to the satisfaction of the City Attorney prior to issuance of any permits for that phase; (Public Works) 54. that detailed plans for the modifications proposed to the medians along El Camino Real shall be reviewed and approved by CalTrans and the Burlingame Department of Public Works pursuant to the encroachment permit process and approved for each phase by the Department of Public Works prior to implementing each phase; (Public Works) 55. that the applicant shall, at its own cost, design and construct public improvements including curb, gutter, sidewalk, asphaltic concrete pavement, street furniture and other necessary appurtenant work along the El Camino Real frontage of the site, Trousdale Drive between El Camino Real and the Magnolia Gardens Care Center property, and the entrance at Marco Polo Way in compliance with the streetscape guidelines in the North Burlingame/Rollins Road Specific Plan, and the improvements shall be designed by a civil engineer, approved by the City Engineer, and installed by the project, and that the design of these improvements shall be approved by the City Engineer prior to issuance of the building permit for the parking garage; (Public Works) 56. that the applicant shall submit detailed plans for the loading dock entrance on El Camino Real, including a complete dimensional layout, to the Department of Public Works for review and approval prior to issuance of a building permit for the medical office building;(Public Works) Water, Sewer and Drainage: 57. that the hospital shall design in and employ water conservation measures as adopted for the region or specifically by the City during construction and operation; ( Planning ) 58. that the applicant shall submit detailed plans for the proposed new water connection and sizing to the Department of Public Works prior to issuance of the building permit for the parking garage, and shall incorporate any on-site or off-site improvements deemed necessary by the Department of Public Works; (Public Works) 59. that prior to the issuance of the building permit for the parking garage, the applicant shall provide plans as approved by the San Francisco Water Department for the realignment of the SFPUC water line, including details of tie-ins and tum -outs, and all work associated with the realignment shall be coordinated with the Department of Public Works; (Public Works) 60. that, before issuance of the building permit for the medical office building, the applicant shall submit an updated sanitary sewer analysis of the public sewer system at the project site to assess the project flow effect of the proposed new sanitary sewer connection to the Department of Public Works, together with anticipated demands on the sanitary sewer system and the 1740 EXHIBIT E - 7 11/1812004 Rollins Road pump station, and shall incorporate any on-site or off-site improvements deemed necessary by the Department of Public Works; (Public Works) 61. that the applicant shall relocate, restore or replace any City facility affected or damaged by the project, or of insufficient size, and shall replace any such facility in kind; (Public Works) 62. that prior to issuance of the building permit for the parking garage the applicant shall submit detailed plans to address storm and surface drainage on the site which identify potential impacts on CalTrans, the adjacent neighbors and the City's storm drain system, and shall comply with NPDES requirements to keep as much drainage on-site as possible, and shall incorporate any improvements deemed necessary by the Department of Public Works; (Public Works) 63. that, for each phase of construction, the applicant shall submit detailed plans for all City utilities in public rights-of-way adjacent to and affected by the work to the City Engineer, who shall approve the plans prior to issuance of any permits for that phase of the project; (Public Works) 64. that all irrigation systems and plantings shall follow the City's water conservation guidelines and each facility within the project shall be appropriately metered as determined by the City Engineer; (Public Works) 65. that all on-site catch basins and drainage inlets shall be protected during construction so that no debris can enter them, and all catch basins shall be stenciled with a City -provided stencil; (Public Works) 66. that the applicant shall submit an overall site drainage and erosion control plan for approval prior to the issuance of the building permit for the garage, and the plans shall conform to the guidelines and requirements of the Stormwater Pollution Prevention Program; (Public Works) 67. that, for each phase of construction, the site drainage and erosion control plan shall be refined and approved by the City Engineer prior to issuance of any permits for that phase of the project; (Public Works) 68. that the hospital shall store a minimum of 30,000 gallons of water for firefighting, plus an additional 150 gallons of drinkable water per licensed bed on the site at all times; Safety and ADA Access and Compliance: 69. that the hospital shall work with the Burlingame Police Department to identify and inspect installation of appropriate security surveillance devices along the all pedestrian pathways including the fire access lane, and the effectiveness of these devices in providing security shall be reviewed jointly each year, with improvements made as necessary; (Police Department) 70. that a safety and security measures shall be installed over or around the cooling towers and that there shall be an alarm system and surveillance provided for oxygen storage bunker; (Planning Department, Building) 71. that a pedestrian access way that is compliant with the Americans with Disabilities Act shall be provided from El Camino Real to the main entrance area of the hospital and medical office building; (Building, Public Works) 72. that all work shall be done in conformance with the requirements of the Americans with Disabilities Act (Building, Public Works) EXHIBIT E - 8 11118/2004 73. that pedestrian access along all street frontages shall be provided continuously throughout construction and shall comply with ADA requirements; (Pubic Works) Building Division: 74. that a set of plans clearly showing the division between the portions of the project that are under the jurisdiction of the California Office of Statewide Health Planning and Development (OSHPD) and the portions that are under the jurisdiction of the City of Burlingame shall be approved by both OSHPD and the Burlingame Building Official and provided to the Building Official before plans for the medical office building shall be accepted by the Building Department for plan check; (Building) 75. that the applicant shall verify compliance with the California Building Code for building type, occupancy group, allowable area, allowable area increases, height, sprinklers, property lines or assumed property lines, exiting plan, accessibility, and minimum plumbing facilities according to Appendix Chapter, Table 29-A, for both the parking garage and the medical office building; (Building) 76. that all improvements for the Medical Office Building and garage shall meet all the requirements of the California Building and Fire Codes, 2001 Edition as amended by the City of Burlingame; (Building) Fire Department: 77. that Fire Department access shall be consistent with Section 902 of the 2001 California Fire Code, including clearly identified fire lanes and curb parking restrictions consistent with the Burlingame Municipal Code Section 17.04.025; (Fire) 78. that canopies and vegetation along fire lanes shall maintain clear heights of 13'6" to provide clearance for fire and emergency equipment; (Fire, City Arborist) 79. that turn radii and surface support capabilities of fire lanes shall accommodate the largest fire department apparatus within San Mateo County and fire lanes shall not exceed sixteen (16) percent in slope at any point; (Fire) 80. that fire flow requirements shall be consistent with Appendix IIIA and HIB, and fire sprinklers shall be provided for all structures over 2000 square feet, with consideration for fire sprinklers being applied to fire flow reductions to be negotiated with the Fire Marshal, and additional considerations shall be made to ensure roof tip standpipes achieve a minimum pressure of 100 psi at the outlet; (Fire) 81. that fire pumps shall be diesel driven or have secondary power supplied by emergency generators with an on-site fuel supply of 48 hours of more;(Fire) 82. that Fire Department connections for standpipes and fire sprinkler systems shall be located within 50 feet of a fire hydrant;(Fire) 83. that a post indicator valve shall be provided for each separate building and so located as to be at least two-thirds the height of the building away from the building, and control valves and separate shut-off valves shall be provide for each floor of each building and electronically monitored;(Fire) 84. that fire alarm annunciation shall be identified by each smoke compartment and/or by each floor for buildings equipped with a fire alarm system (required for all buildings in excess of EXHIBIT E - 9 11/18/2004 20,000 square feet), and that activation shall clearly identify the location of the device and remote annunciation shall be visible from the exterior of the building, in a location to be approved by the Central County Fire Department;(Fire) 85. that the applicant shall receive approval by the Central County Fire Department for the location of the fire control room in the hospital structure, and the fire control room shall be clearly shown on the floor plans, prior to issuance of a building permit for the medical office building; (Fire) Landscaping: 86. that any land area which is to remain undeveloped and not specifically landscaped as shown on the approved plans, including the 4.15 acre area to be left for future use by the Peninsula Hospital District, shall be hydromulched and planted with materials which will meet NPDES erosion control requirements and shall be properly irrigated and maintained with ground cover until the use of the land changes; (Public Works) 87. the applicant shall submit a report from a certified arborist citing measures to be taken to protect trees during construction, particularly the redwood grove behind the Magnolia Gardens Care Center, and that report shall be approved by the City Arborist prior to issuance of a building permit for the garage and that protection shall be installed for each phase of construction as required by the City Arborist before grading and/or building permits are issued for the phase of work; (City Arborist) 88. that planters with irrigation shall be installed as approved by the Planning Department and City Arborist on the upper roof level of the parking garage as shown on the landscape plans before an occupancy permit shall be issued for the garage, plant materials shall be approved by the City Arborist; and vines shall be planted at various locations at the base of the parking garage structure on both the El Camino Real and Trousdale sides to break up the mass of the building and blend it into the gateway landscaping and design at this corner and along these street frontages, the City Arborist shall review the selection of vine and its irrigation and proposed maintenance program; (Planning, City Arborist, Building) 89. that the landscaped setback areas along El Camino Real and Trousdale Drive and along the entire south property line parallel to Davis Drive shall be irrigated and maintained by the hospital operator; (Public Works) 90. that the approved landscape plan for the site shall be further refined in the following stages by the applicant pursuant to Commission direction prior to the issuance of a demolition or building permit for (1) the construction of the new emergency/replacement entrance to the existing hospital, (2) the installation of the San Francisco water main on the south side of the property, (3) the construction of the new main entrance and parking garage (to include landscaping construction detail along Trousdale and El Camino Real street frontages) and (4) the demolition of the existing hospital (landscaping of the remainder of the site); and the refined plans at each of these stages shall include detailed tree protection measures including long-term maintenance programs, and planting, irrigation and hardscape plans and shall be submitted to the City Planner and reviewed by the City Arborist who will make recommendations, the plans will then be forwarded to the Planning Commission for information; during each period of construction the City Arborist shall inspect the site for compliance with the approved installation plan; if the project landscaping causes an unusual level of inspection by the City Arborist, the costs for inspection shall be reimbursed by the applicant to the City; (Planning, City Arborist) EXHIBIT E - 10 11/1812004 Noise: 91. that truck deliveries, pick-ups, collection of trash and other wastes and other truck service noise -generating activities shall be prohibited prior to 7:00 am and after 10:00 p.m. Monday through Friday, and prior to 8:00 a.m. and after 10:00 p.m. on Saturday, Sundays and holidays or as stated in the Municipal Code, Section 10.40.039; (Planning, Neighborhood) 92. that the testing of the emergency generators shall be limited to once per week or the minimum required by law, whichever is more frequent, and if possible, shall occur between 7:00 a.m. and 8:00 p.m. on weekdays only; (Planning, Neighborhood) 93. that the oxygen storage tanks adjacent to the loading dock shall be filled no more than three times a week, and only between the hours of 8:00 a.m. and 7:00 p.m.; (Planning, Neighborhood) Construction Noise: 94. that because of the impact on the residential neighborhood along the southern property line of the hospital site, there shall be stricter construction hours imposed for this project; construction shall be limited to the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday, the hours of 8:00 a.m. and 6:00 p.m. Saturdays, and no construction on Sundays and holidays as defined in C.S. 13.04.100; the construction noise restrictions in this condition shall not apply to work done within the building after it is fully enclosed; prior to 9:00 a.m., work should be focused on the northern portions of the site and the buildings; (Planning) Recycling: 95. that the applicant shall submit to the City a recycling plan for each structure to be approved prior to issuance of the demolition permit for that structure, and a site inspection for compliance shall be required prior to each new phase of construction; (Building) 96. that a recycling deposit and compliance report shall be required for each phase of the project; (Building) 97. that the hospital and medical office building shall have a recycling plan approved by BFI and the City and shall continuously recycle as much of their waste stream as is possible and insures the public health; (Building) CONDITIONS FROM NEIGHBORHOOD MEETINGS Traffic, Parking and Transportation 98. that during construction and demolition of the existing hospital, at the direction of the City Engineer, the applicant shall evaluate the operation of the Marco Polo/Trousdale intersection whenever a traffic safety/operation problem is identified by the City, and the applicant shall install whatever interim solution the City Engineer determines to be appropriate for the duration of the phase of construction or the event causing the problem; (Public Works, Neighborhood) Davis Drive Access EXHIBIT E - 11 1111812004 99. that the Davis Drive access to the hospital shall be open only to hospital staff during construction and when demolition is occurring; the Davis Drive access shall be regulated by kiosk with security officer or by card actuated gate between the hours of 6:00 a.m. to 6:00 p.m. daily; outside of these hours the entrance shall be closed by a gate or chain; the use of this staff access shall be monitored prior to any construction to establish a current baseline of the use and then quarterly during construction; should the usage during construction exceed 100% of the current baseline usage, the applicant shall review with the City Engineer ways to reduce the level of use; the determination of the City Engineer may be appealed to the Planning Commission; should the staff gate access prove to be inadequate or exceed the 100% of current baseline and become a neighborhood nuisance the applicant shall meet with the neighbors and the City Engineer to discuss appropriate and safe alternatives, the City Engineer shall determine an appropriate and safe the alternative solution, and the applicant shall install or construct the necessary facilities; (Public Works, Neighborhood) Landscaping: 100. that before the end of 2004, the applicant shall undertake a feasibility and cost study for undergrounding and connecting to the houses the electric and any other utilities currently placed along the shared property line between the hospital site and Davis Drive and, provided it is possible and economically feasible to underground just the utilities behind the north side of Davis Drive; and based on the conclusions of the feasibility and cost study, the applicant shall work with all the affected parties to determine if the utility work is feasible, how the costs to underground would be shared and its effect on landscaping; all of the affected parties must agree on the program and the timing for accomplishing the work in the context of the landscaping and other construction and operations on the hospital site; (Planning, Neighborhood) 101. that the applicant shall investigate the feasibility including P.U.C. approval of moving the San Francisco Water Line Easement along the rear of the properties facing Davis Drive north to increase the planting area between the property line and easement to at least 15 feet, the City Engineer shall review the study and shall determine the viable setback; however that setback shall be no less than 10 feet at any point except where the existing line connects to the new line at Balboa extended; (Public Works, Neighborhood) 102. that the applicant shall build a wall or fence between the rear of the Davis Drive residences and the replacement hospital's landscaped areas along the southern property line of the hospital, the wall or fence shall be built at a location and of a common design agreed to by all parties; if the parties cannot agree the Planning Commission shall select the location and type of wall or fence prior to the completion of the installation of the San Francisco Water Main in the new easement; (Planning, Neighborhood) 103. that the landscaping within the area between the rear of each of the property lines on Davis Drive and the San Francisco Water Line Easement shall be selected by each property owner from a palette of trees and shrubs provided by the applicant and approved by the City Arborist, with each property owner receiving individual assistance from the project's licensed landscape architect; selection of all trees and shrub sizes shall be based on achieving the design intention of the landscape plan including the maximum growth in a reasonable time given the species, location including utilities and landscape objectives, and any discrepancies between property owner and applicant shall be arbitrated by the City Arborist; the applicant, with permission, shall install trees on private property if it is determined that such planting is a reasonable or EXHIBIT E - 12 1111812004 better way to address the wind or visual impacts caused by the project; the entire planted area on the hospital site shall be irrigated with irrigation in place within 30 days of planting, and the landscaping shall be installed as soon as the segment of the water line along the hospital's south property line is installed unless it is necessary to wait for a better planting season or timing as determined by the City Arborist; (Planning, City Arborist, Neighborhood) 104. that the parking lot landscaping on hospital property at the southern property line west of the San Francisco Water Line Easement shall be selected by each adjacent Davis Drive property owner from a palette of trees and shrubs provided by the applicant and approved by the City Arborist, with the objective of providing a 20 foot tall vegetative screen for the property line fences and to extend the overall pattern of landscaping for the replacement hospital site; this landscaping and its irrigation system as approved by the City Arborist shall be installed in a planter area no less than 4 feet in width on the hospital side of the replacement property line wall or fence; the plant size at installation shall be based on achieving the design intent of the landscape plan including the maximum growth in a reasonable amount of time given the species, location including utilities and landscape objectives, disputes shall be resolved by the City Arborist; planting and irrigation shall be installed no later than the second phase of construction of the replacement hospital; and that the applicant shall provide individual landscape consultation to each property owner in order to determine the best solution for screening along the hospital property line, with mutual agreement this could include plantings on the private property side, if it is agreed that it is the best location to achieve the landscape goals for the location; (Planning, City Arborist, Neighborhood) 105. that because the maintenance landscaping is so important to achieving the growth goals and to the quality of the hospital project, the property owner shall be required to provide intensive professional maintenance of all landscaped areas and to maintain all irrigation systems in operating condition, failure to do so shall result in Planning Commission review of the use permit; (Planning, City Arborist, Neighborhood) 106. that if the eucalyptus trees at the end of Albemarle Drive cannot be retained, the applicant shall investigate relocating them within the planting area between the hospital's southern boundary and the San Francisco Water Easement; if this is not a viable option as determined by the City Arborist, the applicant shall with the cooperation of the City plant a tree variety selected by the City Arborist, at a size selected by the City Arborist, which will achieve at height of at least 25 feet in six years and a maximum height of at least 60 feet, irrigation shall be provided to this cluster of trees and they shall be planted with irrigation when the water line installation is completed and before a building permit is issued for the medical office building; (Planning, City Arborist, Neighborhood) 107. that the area on the north side of the San Francisco Water Main Easement adjacent to the replacement hospital shall be raised with the approval of the P.U.C. by an earthen berm and planted with a massing of redwood trees and other varieties of tall growing trees and shrubs which will grow to a height to screen the view of the lower and closer portions of the new hospital structure from view of the near by residents; the selection and various sizes of plant material and trees as well as the irrigation system, shall be approved by the City Arborist prior to installation, no trees installed shall be smaller than 24 inch box size, and this landscaping and its necessary grading shall be installed before issuance of the demolition permit for the existing hospital structure; (Planning, City Arborist, Neighborhood) EXHIBIT E - 13 11/1812004 108. that the design of the grading and landscaped area between the replacement hospital and the rear of the properties along Davis Drive shall include drainage which will retain all surface and subsurface drainage on the hospital site and which will accommodate as necessary existing natural surface and subsurface drainage now occurring from adjacent private properties; the City Engineer shall approve all site grading and drainage plans affecting this area prior to commencement of the work to relocate the San Francisco Water Main; (Public Works) 109. that the applicant shall evaluate the impact of the proposed hospital structure on the wind velocity and turbulence on the properties adjacent to the south property line of the hospital site, this study shall be completed by the mid -point of Phase Two of the construction (installation of the San Francisco water line) so that landscaping along the southern property line east of the Davis Drive access can be adjusted to mitigate any changes to prevailing wind velocity or turbulence caused on the adjacent properties, landscape consultations with individual property owners shall include this information and address the wind issue; (Planning, City Arborist, Neighborhood) Noise: 110. that noise levels of the future cooling towers will not exceed the noise levels of the existing cooling towers during full operation along the southern property line of the hospital. The baseline ambient and design criteria is to be defined as an hourly measurement during a 24- hour continuous measurement period. In addition, the ambient is to be defined as the L10 as required in the General Plan; (Planning, Neighborhood) 111. that the future ambient noise of the project shall be designed to not exceed the existing baseline ambient by more than 3 dBA during full operation along any property line of the hospital. The baseline ambient and design criteria is to be defined as an hourly measurement during a 24- hour continuous measurement period. In addition, the ambient is to be defined as the L10 as required in the General Plan; (Planning, Neighborhood) Construction Impacts 112. that the applicant shall adhere to all NPDES and air quality requirements throughout construction, and shall meet with homeowners or tenants at their request and provide individually negotiated and reasonable on-site mitigation for observed impacts of dust and particulates from the replacement hospital construction, landscape installation or demolition of the existing hospital; (Public Works, Building, Neighborhood) 113. that during the construction of the replacement hospital, the demolition of the existing hospital and the final landscaping of the site, parking on the Peninsula Hospital site shall be limited to employees, staff, patients, patient visitors and construction workers only during the hours of their employment on the site; on site parking shall not be used for off-site parking for any other facility or service and shall not be used by any employee, staff, or member of the community for extended parking when they are not on the premises; (Planning, Neighborhood) 114. that for the duration of the project construction and any use of the site for a hospital and medical office building, no on-site parking required by the municipal code or by city approval for staff, employees, or users of Peninsula Hospital shall be leased, loaned or otherwise obligated to any other user or business; (Planning, Neighborhood) Construction/Design EXHIBIT E - 14 11/18/2004 115. that the south tower of the hospital facing Davis Drive shall be clad in translucent spandrel glass with a low reflectivity rating (reflectance out) of 9% to limit the amount of interior light emitting to the exterior, and that all hospital rooms above the third floor level facing the Davis Drive side of the property shall include interior design which shall encourage occupants to stand back at least 3 feet from the window, all windows shall be provided with blinds or coverings, and glazing shall reduce light transmission at night; (Planning, Neighborhood) 116. that, if feasible given the location of protected trees, the agreement of adjacent commercial property owners to the north, the amount of grading/fill required to achieve appropriate slope and the approval of the PUC regarding appropriate protection of the San Francisco water line and its facilities in the area as determined by the City Engineer, to reduce the heavy truck traffic immediately adjacent to the single family residences on the south side and west end of Davis Drive during the phase of construction which includes the demolition of the existing hospital, there shall be a truck entrance to the site established and maintained from Marco Polo Drive, in addition to the existing Marco Polo staff entrance; and should it be feasible and necessary during other phases of construction for more than two days a week for heavy trucks to stage or access the site from Marco Polo the applicant shall provide a second access to Marco Polo sooner; if this additional entrance causes a relocation of staff parking on site, the applicant shall submit a plan to the City Engineer for approval to show how this parking will be accommodated elsewhere; the approved plan will be implemented immediately as directed by the City Engineer; (Public Works, Neighborhood) 117. that prior to removal of hazardous materials and demolition of the existing hospital, the applicant shall meet with the neighbors to discuss the methods of removal to be used, the precautions being taken, the timing of the various activities, and how possible impacts on their properties can be cooperatively addressed; (Public Works, Building, Neighborhood) 118. that the applicant shall propose a mitigation monitoring panel composed of District, applicant, City, and neighbor (including both residential and commercial) representatives to coordinate issues regarding compliance with conditions of approval and mitigation measures as well as neighborhood concerns and questions. The applicant shall also appoint a single point of contact to respond to questions and complaints regarding the construction and operation of the hospital under this approval. The proposed panel and contact process shall be submitted for review and approval by the Planning Commission prior to issuance of the building permit for the garage; (Planning) 119. that the applicant shall establish a mitigation fund to address concerns of immediate neighbors regarding issues such as dust, noise, and landscaping during construction of the project. The proposed mitigation fund and process shall be submitted for review and approval by the Planning Commission prior to issuance of the building permit for the garage; (Planning) 120. that the project sponsor shall install planters at the upper deck (roof level) of the El Camino Real and Trousdale Drive sides of the garage upon completion of garage construction; (visual quality; Planning) (VQ 1.1) 121. that the project sponsor shall agree to develop and implement a Construction Visual Improvements Plan that would make visual improvements to construction zones within a given construction phase and between phases if the zone is not scheduled for construction activity or will remain unused for a period greater than six months; construction zones subject to this mitigation measure shall be defined by the City Planner, and shall consider the size of the area, EXHIBIT E - 15 11/18/2004 the nature of the construction activity, and the proximity or visibility of the area to public vantage points or residential uses; the Construction Visual Improvements Plan shall be implemented by the project contractor(s) and must be approved by the City Planner; the intent of the plan is to aesthetically improve portions of the project site that would remain unimproved for an extended period and screen the construction zone from view by passersby along the public streets and sidewalks, or to make the zone usable for MPHS employees, patients, and the public; possible improvements in the plan include, but are not limited to, the following (if timelines other than six months are specified below, the shorter of six months or the time specified below shall apply): a. the project sponsor shall clear a construction zone of construction debris and remove construction equipment whenever construction is not anticipated for at least two weeks; b. if a site is a construction zone, but no construction activities are scheduled for more than one month, the project sponsor shall be responsible for regular garbage removal and watering of any existing landscaping; c. the project sponsor shall ensure fencing is removed or visually treated around construction zones that front onto El Camino Real, Trousdale Drive, Marco Polo Way, or Davis Drive in a manner deemed acceptable by the Chief Building Official, in order to promote safety, connectivity through the site, and pedestrian friendliness; d. if a site is not in use as a construction zone for more than six months due to demolition or construction of a structure, the project sponsor shall improve the site with landscaping (e.g., trees, shrubs, and groundcover), passive recreation/open space facilities (e.g., benches, picnic tables), decorative fencing and/or seating walls, and pedestrian and bicycle routes that connect to adjacent open spaces; pedestrian/bicycle networks shall be defined by and to the satisfaction of the City Planner; e. the project sponsor shall install all landscaping as early as possible to decrease visual impacts of construction; (visual quality; Planning, Building) (VQ 6.1) 122. that the project sponsor shall be responsible for lengthening the left -turn pocket on northbound El Camino Real (to westbound Trousdale Drive) from about 180 feet to 375 feet; this improvement would eliminate left -turning vehicles from blocking traffic flow along northbound El Camino Real and satisfy the queue storage requirement; note that under cumulative conditions, a lengthier turn pocket (475 feet) is required, as described in Mitigation Measure TR -12.1 below; (transportation; Public Works) (TR 2.1) 123. that the project sponsor shall be responsible for converting the eastbound through lane on Trousdale Drive at El Camino Real to a shared left -through lane; the project sponsor shall be responsible for extending the existing dedicated left -turn lane to provide 145 feet of storage (a 35 -foot extension) for vehicles turning left; the left -turn pocket (145 feet) and the extra capacity in the shared left -through lane (about 380 feet) would be sufficient to accommodate the 400 - foot queue length; (transportation; Public Works) (TR 2.2) 124. that the project sponsor shall be responsible for extending the southbound left -turn pocket on El Camino Real at Trousdale Drive an additional 100 feet; this measure would require the removal of a portion of the median strip; this measure is necessary because, by adding project traffic to the other turning movements at this intersection, signal green time is taken away from the EXHIBIT E - 16 11118/2004 southbound left -turn movement; longer turn storage is needed; (transportation; Public Works) (TR 2.3) 125. that the project sponsor shall be responsible for extending the eastbound left -turn pocket on Trousdale Drive at Magnolia Avenue to 175 feet; (transportation; Public Works) (TR 2.4) 126. that the project sponsor shall be responsible for extending the westbound left -turn pocket on Trousdale Drive at Magnolia Avenue/Main Entrance to 175 feet; adequate distance is available between the main entrance and the El Camino Real intersection to accommodate the left -turn pocket requirements identified in Mitigation Measure TR -2.2 and this measure (in a back-to- back configuration) plus a 20- to 60 -foot taper; (transportation; Public Works) (TR 2.5) 127. [DELETED (see Conditions 41 and 124)] 128. that the project sponsor shall implement an attendant parking program to increase the parking supply during critical phases of construction; the project sponsor shall fully fund a mitigation monitoring program (Program) that will enable City of Burlingame to monitor parking demand on a quarterly basis throughout the critical phases of construction; the Program shall also provide an alternative that could be quickly implemented should the monitoring show that the parking deficit remains; (transportation; Public Works) (TR 9.1) 129. that the project sponsor shall adjust the property line and construct the proposed replacement parking area at the northwest end of the Magnolia Gardens Care Center property prior to demolishing existing parking area and both property line adjustments may occur on the same map; (transportation; Public Works) (TR 9.2) 130. that the project sponsor shall complete the roadway improvements needed to mitigate the project traffic impacts (i.e., Mitigation Measures TR -2.1 through TR -2.5) before the end of Phase 2, to ensure that construction traffic would have a less -than -significant impact; (transportation; Public Works) (TR 10.1) 131. that the Revised Project with cumulative development would result in LOS E operations on the El Camino Real/Trousdale Drive intersection during the AM & PM peak hours; one turn lane is insufficient to accommodate this high turn volume; the project sponsor shall be responsible for ensuring that sufficient capacity is available by converting the eastbound Trousdale Drive through lane to a left -through lane, which would require the signal to operate in a split phase scheme in the east -west direction; converting this lane would improve operations to LOS D, reducing this impact to a less -than -significant level; (transportation; Public Works) (TR 11.1) 132. that the project sponsor shall be responsible for lengthening the left -turn pocket on northbound El Camino Real (to westbound Trousdale Drive) from about 180 feet to 475 feet; this improvement would eliminate left -turning vehicles from blocking traffic flow along northbound El Camino Real and satisfy the queue storage requirement; (transportation; Public Works) (TR 12.1) 133. that the project sponsor shall be responsible for extending the southbound left -turn pocket on El Camino Real at Trousdale Drive an additional 100 feet; this measure would require the removal of a portion of the median strip; (transportation; Public Works) (TR 12.2) 134. that the project sponsor shall incorporate the following practices into the construction documents to be implemented by the project contractor, and these practices shall be provided to the City Planner for approval prior to the issuance of building permits; EXHIBIT E - 17 1111812004 a. maximizes the physical separation between noise generators and noise receptors; such separation includes, but is not limited to, the following measures: • use heavy-duty mufflers for stationary equipment and barriers around particularly noisy areas of the site or around the entire site; • use shields, impervious fences, or other physical sound barriers to inhibit transmission of noise to sensitive receptors; • locate stationary equipment to minimize noise impacts on the community; and • minimize backing movements of equipment; b. use quiet construction equipment whenever possible; c. impact equipment (e.g., jack hammers and pavement breakers) shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically -powered tools; compressed air exhaust silencers shall be used on other equipment; other quieter procedures, such as drilling rather than using impact equipment, shall be used whenever feasible; d. prohibits unnecessary idling of internal combustion engines; e. select routes for movement of construction -related vehicles and equipment in conjunction with the Burlingame Planning Department so that noise -sensitive areas, including residences, hotels, and outdoor recreation areas, are avoided as much as possible; include these routes in materials submitted to the City Planner for approval prior to the issuance of building permits; ff, designate a noise disturbance coordinator who will be responsible for responding to complaints about noise during construction; the telephone number of the noise disturbance coordinator shall be conspicuously posted at the construction site and shall be provided to the Burlingame Planning Director; copies of the construction schedule shall also be posted at nearby noise -sensitive areas; (noise; Planning, Public Works, Building) (NO 1.1) 135. that to reduce particulate matter emissions during project demolition and construction phases, the project sponsor shall require the construction contractors to comply with the dust control strategies developed by the Bay Area Air Quality Management District (BAAQMD); the project sponsor shall include in construction contracts the following requirements: a. cover all trucks hauling construction and demolition debris from the site; b. water all exposed or disturbed soil surfaces at least twice daily; c. use watering to control dust generation during demolition of structures or break-up of pavement; d. pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved parking areas and staging areas; e. sweep daily (with water sweepers) all paved parking areas and staging areas during the earthwork phases of construction; f. provide daily clean-up of mud and dirt carried onto paved streets from the site; g. enclose, cover, water twice daily, or apply non- toxic soil binders to exposed stockpiles (dirt, sand, etc.); h. limit traffic speeds on unpaved roads to 15 mph; i. install sandbags or other erosion control measures to prevent silt runoff to public roadways; and J . replant vegetation in disturbed areas as quickly as possible; (air quality; Public Works, Building) (AQ 1.1) EXHIBIT E - 18 1111812004 136. that Mills -Peninsula Health Services (MPHS) shall retain a qualified environmental specialist (e.g., a Registered Environmental Assessor or similarly qualified individual) to inspect existing buildings subject to demolition for the presence of asbestos, polychlorinated byphenyls (PCBs), mercury, lead, or other hazardous materials; MPHS shall submit the report to the City prior to demolition, together with an explanation of how the project will address any issues identified in the report; if found at levels that require special handling (i.e., any building material containing 0.1 percent asbestos, paint that contains more than 5,000 parts per million of lead, or any building materials known or suspected to contain PCBs or mercury), MPHS shall manage these materials as required by law and according to federal and state regulations and guidelines, including those of the Department of Toxic Substances Control (DTSC), BAAQMD, California Occupational Safety and Health Administration (Cal/OSHA), County of San Mateo Health Services Agency (CSMHSA), and any other agency with jurisdiction over these hazardous materials (hazardous materials; CSMHSA, Building, Planning) (HM 1.1) 137. that in the event that contamination is visually discovered during construction activities, MPHS shall be required to conduct a Phase II Environmental Site Assessment; this investigation shall involve the collection and analysis of soil and groundwater samples as directed by the site assessment consultant; sampling shall extend at least to depths proposed for excavation, and samples shall be tested for elevated levels of petroleum hydrocarbons, VOCs, or lead, if any; soil and/or groundwater samples shall be collected throughout the project site as directed by the site assessment consultant; this assessment shall be completed by a Registered Environmental Assessor, Registered Geologist, Professional Engineer, or similarly qualified individual prior to initiating any further earth -moving activities at the project site; if it were determined by sample collection and analysis that petroleum hydrocarbons, VOCs, or lead is present in soil and/or groundwater samples, the impacted materials shall be segregated and stockpiled separately from non -impacted soils throughout the construction phase; if deemed necessary by the local oversight agency, some impacted materials shall be mitigated prior to construction; soils with elevated petroleum hydrocarbon, VOC, or lead concentrations may require excavation and off- site disposal; soils with concentrations above regulatory threshold limits for petroleum hydrocarbons, VOCs, or lead shall be disposed of off site in accordance with California hazardous waste disposal regulations (CCR Title 26) or shall be managed in place with approval of DTSC, CSMHSA or the Bay Area Regional Water Quality Control Board; (hazardous materials; CSMHSA, Building, Planning) (HM 2.1) 138. that in the event that contaminated soil or groundwater is encountered, MPHS shall comply with the Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities regulatory requirements for hazardous materials/waste health and safety plans; the Site Health and Safety Plan shall establish policies and procedures to protect workers and the public from potential hazards posed by residual contamination issues at the site; the plan shall include items applicable to site conditions, such as: • identification of contaminants; • potential hazards; • material handling procedures; • dust suppression measures; • personal protection clothing and devices; • controlled access to the site; • health and safety training requirements; EXHIBIT E - 19 11/1812004 • monitoring equipment used during construction to verify health and safety of workers and the public; • measures to protect public health and safety; and • emergency response procedures; • if petroleum hydrocarbons are present in the soil or groundwater proposed for the use of backfill or disposal, the handling and disposal of the contaminated soil or groundwater shall be governed by the applicable local and federal hazardous materials regulations; (hazardous materials; Public Works, Planning, CSMHSA) (HM 2.1) 139. that in the event that runoff induced by the Revised Project implementation would enter the Caltrans storm drainage system under SR -82, the project sponsor would immediately contact Caltrans for necessary review and approval; (hydrology; Public Works, Caltrans) (HY 1.1) 140. that the project applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) to prevent polluted runoff from flowing into public drainage facilities during construction of the proposed facilities; the SWPPP shall include Best Management Practices (BMPs) that include schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution in storm water runoff during construction; the SWPPP shall be reviewed and approved by the City of Burlingame and other appropriate agencies, such as the Regional Water Quality Control Board (RWQCB), prior to issuance of any grading or building permit; (hydrology; Public Works) 141. that the project sponsor shall submit an application to the City of Burlingame's Parks and Recreation Department Director for a tree removal permit and meet the replacement requirements of the Tree and Vegetation Ordinance (Municipal Code, Title 11.06.020); included with the permit application shall be a landscaping plan that illustrates species, numbers, and sizes of replacement trees; (biological resources; City Arborist, Building) (BR 1.1) 142. that the project sponsor shall be responsible for maintaining and protecting the existing on-site trees to be retained; the following specific actions shall be followed to maintain the health of the remaining trees: a. any pruning shall be done according to the direction of a certified arborist and all pruning shall comply with International Society of Arboriculture, Western Chapter Standards or other comparable standards deemed acceptable to the City Arborist; b. any abandoned utility lines (water, electrical, etc.) in the root zones (radius of ten times the trunk diameter) shall be cut and left in the ground to the satisfaction of the City Arborist; c. any surfacing material inside the root zone shall be pervious and installed on top of the existing grade; as an example, pervious pavers are acceptable provided the base material is also sufficiently pervious; base rock containing granite fines is not sufficiently pervious; d. temporary construction fencing shall be erected to protect the retained trees of a size to be established by the City Arborist; the fencing shall be placed at the perimeter of the root zone unless the pavement is supervised by a certified arborist; the fencing shall be in place prior to the arrival of construction materials or equipment; e. the landscape irrigation shall be designed to prevent trenching inside the root zones of retained trees; f. supplemental irrigation shall be provided during construction; approximately 10 gallons of water for each inch of trunk diameter should be applied at or near the perimeter of the root EXHIBIT E - 20 11/1812004 zone every two weeks during the dry months (any month receiving less than 1 inch of rainfall on average); g. retained trees shall be thoroughly mulched with a 3 -inch layer of bark chips with the exception of a 6- to 12 -inch area around the base of the root collar, which must be left bare and dry; (biological resources; City Arborist) (BR 1.2) 143. that the removal of trees, shrubs, or weedy vegetation shall be avoided during the February 1 through August 31 bird nesting period to the extent possible; if no vegetation or tree removal is proposed during the nesting period, no surveys shall be required; if it is not feasible to avoid the nesting period, a survey for nesting birds shall be conducted by a qualified wildlife biologist no sooner than 14 days prior to the start of removal of trees, shrubs, grassland vegetation, buildings, grading, or other constriction activity; survey results shall be valid for 21 days following the survey; therefore, if vegetation or building removal is not started within 21 days of the survey, another survey shall be required; the area surveyed shall include all construction sites, access roads, and staging areas, as well as areas within 150 feet outside the boundaries of the areas to be cleared or as otherwise determined by the biologist; in the event that an active nest is discovered in the areas to be cleared, or in other habitats within 150 feet of construction boundaries, clearing and construction shall be postponed for at least two weeks or until a wildlife biologist has determined that the young have fledged (left the nest), the nest is vacated, and there is no evidence of second nesting attempts; (biological resources; City Arborist, Planning) (BR 2.1) 144. that the project sponsor shall revise the preliminary planting plan to give preference to native trees; suggested native tree species, subject to approval by the City Arborist, include California sycamore, box elder, Monterey cypress, and Monterey pine; (biological resources; City Arborist, Planning) (BR 3.1) 145. that the project sponsor shall include methods of water conservation in the Proposed Project's buildings and landscaping; these methods shall include, but not be limited to the following: a. install water -conserving dishwashers and washing machines, and water -efficient centralized cooling systems in the hospital and MOB; b. install water -conserving irrigation systems (e.g., drip irrigation and automated irrigation systems); c. design landscaping with drought -resistant and other low -water -use plants; d. install water -saving devices such as water -efficient toilets, faucets, and showerheads; (utilities; Public Works, Building) (UT 5.1) 146. that the following mitigation measures shall be incorporated into the grading and construction contracts: a. if potential historical or unique archaeological resources are discovered during construction, all work in the immediate vicinity (within approximately 50 feet) shall be suspended and alteration of the materials and their context shall be avoided pending site investigation by a qualified archaeological or cultural resources consultant retained by the project applicant; construction work shall not commence again until the archaeological or cultural resources consultant has been given an opportunity to examine the findings, assess their significance, and offer proposals for any additional exploratory measures deemed necessary for the further evaluation of and/or mitigation of adverse impacts to any potential historical resources or unique archaeological resources that have been encountered; EXHIBIT E - 21 11/18/2004 b. if the find is determined to be a historical or unique archaeological resource, and if avoidance of the resource would not be feasible, the archaeological or cultural resources consultant shall prepare a plan for the methodical excavation of those portions of the site that would be adversely affected; the plan shall be designed to result in the extraction of sufficient volumes of non -redundant archaeological data to address important regional research considerations; the work shall be performed by the archeological or cultural consultant, and shall result in detailed technical reports; such reports shall be performed by the archaeological or cultural resources shall be submitted to the California Historical Resources Regional Information Center; construction in the vicinity of the find shall be accomplished in accordance with current professional standards and shall not recommence until this work is completed; c. the project applicant shall assure that project personnel are informed that collecting significant historical or unique archaeological resources discovered during development of the project is prohibited by law; prehistoric or Native American resources can include: chert or obsidian flakes, projectile points, mortars, and pestles; and dark friable soil containing shell and bone dietary debris, heat -affected rock, or human burials; historic resources can include nails, bottles, or other items often found in refuse deposits; d. if human remains are discovered, there shall be no further excavation or disturbance of the discovery site or any nearby area reasonably suspected to overlie adjacent human remains until the project applicant has complied with the provisions of State CEQA Guidelines Section 15064.5(e); in general, these provisions require that the County Coroner shall be notified immediately; if the remains are found to be Native American, the County Coroner shall notify the Native American Heritage Commission within 24 hours; the most likely descendant of the deceased Native American shall be notified by the Commission and given the chance to make recommendations for the remains; if the Commission is unable to identify the most likely descendent, or if no recommendations are made within 24 hours, remains may be re -interred with appropriate dignity elsewhere on the property in a location not subject to further subsurface disturbance; if recommendations are made and not accepted, the Native American Heritage Commission will mediate the problem. 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