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HomeMy WebLinkAbout2016-02-10 E-PACKET PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:00 p.m. in the Municipal Services Building, Council Chambers, 33 Arroyo Drive, South San Francisco, California. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. MARK ADDIEGO Mayor PRADEEP GUPTA Vice Mayor KARYL MATSUMOTO Councilwoman RICHARD A. GARBARINO Councilman LIZA NORMANDY Councilwoman FRANK RISSO City Treasurer KRISTA MARTINELLI City Clerk MIKE FUTRELL City Manager JASON ROSENBERG City Attorney PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the City Clerk’s Office located at City Hall. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda. The address of City Hall is 400 Grand Avenue, South San Francisco, California 94080. AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, FEBRUARY 10, 2016 7:00 P.M. REGULAR CITY COUNCIL MEETING FEBRUARY 10, 2016 AGENDA PAGE 2 CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW PRESENTATIONS  Presentation of New Employees. (Mich Mercado, Human Resources Manager). PUBLIC COMMENTS For those wishing to address the City Council on any Agenda or non-agendized item, please complete a Speaker Card located at the entrance to the Council Chamber’s and submit it to the City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents the City Council from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. COUNCIL COMMENTS/REQUESTS CONSENT CALENDAR 1. Motion approving the Minutes of meetings of January 27, 2016. 2. Motion confirming payment registers for February 10, 2016. 3. Motion to waive reading and adopt an Ordinance making revisions to Chapter 13.16 of the South San Francisco Municipal Code and establishing an Underground Utility District along Spruce Avenue from Railroad Avenue to the North Edge of Spruce Elementary School between Lux Avenue and Park Way (CIP Project No. ST1204). (Sam Bautista, Principal Engineer and Kathleen Phalen, Swinerton Management). 4. Resolution consenting to the inclusion of properties within the City of South San Francisco's Jurisdiction in the California Home Finance Authority Pace Programs and Associate Membership in California Home Finance Authority to Finance Distributed Generation Renewable Energy Sources, Energy and Water Efficiency Improvements, and Electric Vehicle Charging Infrastructure. (Mike Lappen, ECD Coordinator). REGULAR CITY COUNCIL MEETING FEBRUARY 10, 2016 AGENDA PAGE 3 LEGISLATIVE BUSINESS 5. Peninsula Clean Energy - Community Choice Energy: a. Introduction of an Ordinance authorizing the Implementation of a Community Choice Aggregation Program within the City, and waive further reading; and b. Adoption of a Resolution approving the execution of a Joint Powers Agreement to establish the Peninsula Clean Energy Authority within the City and appointing a City Director and Alternate Director to represent the City. (Adena Friedman, Senior Planner) PUBLIC HEARING 6. Consideration of an environmental consistency analysis, including all supplementary analyses, for the construction of two new seven-story residential buildings with a total of 260 units at both corners of Airport Boulevard and Miller Avenue (309, 315, 401-421 Airport Boulevard), a private residential parking lot at 405 Cypress Avenue, and twelve (12) townhome units at 216 Miller Avenue and consideration of a determination that the project complies with CEQA; consideration of an ordinance approving a Development Agreement with Miller Cypress SSF, LLC; and consideration of a Conditional Use Permit, Design Review, request for Modification to private storage and building height zoning standards; request for a Parking Reduction to reduce provided parking by 25% to accommodate a portion of compact parking spaces designed for the project; Parcels are located in the Downtown Transit Core (DTC) and Grand Avenue Core (GAC) Zoning Districts and the Conditional Use Permit, Design Review, Waiver and Modification, Parking Reduction requests and Development Agreement are in accordance with SSFMC Chapters 20.280, 20.330, 20.480, 20.490, 20.510 & 19.60. UP15-0027, DR15-0032, WM15-0001, PE15-0004, & DA15-0003A. (Alex Greenwood, ECD Director) 7. Consideration of a General Plan Amendment to the Land Use section revising the East of 101 Area Plan pertaining to legal conforming uses recognized by Resolution 84-97 and to make changes to the Planning Sub-Areas Element to ensure policy consistency with the General Plan, the Downtown Station Area Specific Plan (DSASP) and the Transit Office / Research and Development (TO/RD) Core Zoning District, and determination that the project will not result in any new significant environmental impacts and is consistent with certified EIR. (Adena Friedman, Senior Planner) 8. Changes to the Downtown Station Area Specific Plan and El Camino Real/Chestnut Avenue Area Plan Land Use Regulations; and Modification to the City Council Appeal Authority City of South San Francisco/Owner/Applicant Citywide P11-0097: ZA15-0009 Consideration of Zoning Text Amendments to amend the South San Francisco Municipal Code Chapter 20.270 (“El Camino Real/Chestnut Avenue Area Plan District”) to make changes to the land use regulations; Chapter 20.280 (“Downtown Station Area Specific Plan District”) to make changes to the land use regulations and development standards; Chapter REGULAR CITY COUNCIL MEETING FEBRUARY 10, 2016 AGENDA PAGE 4 20.490 (“Use Permits”) to clarify Conditional Use Permit review authority, and Chapter 20.570 (“Appeals and Calls for Review”) to revise call for review authority, and determination that the project will not result in any new significant environmental impacts and is consistent with the certified EIR. (Tony Rozzi, Planning Div.) ITEMS FROM COUNCIL 9. Council Committee Appointments. (Mayor Addiego) ADJOURNMENT MINUTES o N SANF CITY COUNCIL f 04` .,._CITY OF SOUTH SAN FRANCISCO DRAFT I n REGULAR MEETING c4LIFOR`P MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, JANUARY 27, 2016 7:00 P.M. CALL TO ORDER TIME: 7:02 P.M. ROLL CALL PRESENT: Councilmembers Matsumoto, Normandy and Garbarino, and Vice Mayor Gupta. ABSENT: Mayor Addiego. PLEDGE OF ALLEGIANCE Led by City Manager Futrell. AGENDA REVIEW Item No. 4 moved from the Consent Calendar to Administrative Business. PRESENTATIONS El Nino Presentation. (Justin Lovell, PublicWorks Administrator). Public Works Administrator Lovell presented an El Nino Flood Preparedness and Response Guide Pamphlet that the City of South San Francisco prepared in cooperation with the Association of Bay Area Governments (ABAG). The guide included information on El Nino, provided information on preventative and precautionary measures and detailed emergency information and contacts. PUBLIC COMMENTS Alfredo Olguin addressed Council on behalf of hisgrandfather to discuss rent hikes in the Downtown area as an example of the growing issue of affordable housing. Romel Castillo alerted Council to excessivespeeding on Grand Avenue at Aldenglen Drive, highlighting safety concerns for pedestrians and drivers. He suggested that a Stop sign be placed at that location. COUNCIL COMMENTS/REQUESTS Councilwoman Matsumoto commented on speeding and traffic safety, the bicycle commuter program for employees, the Dining Guide, Boards and Commission vacancies and attendance, and public art funding. CouncilwomanNormandy announced an upcoming Chinese New Year Event at the Main Library sponsored by the South San Francisco Asian Alliance. Councilman Garbarino announced reservations hadopened for the Annual Police Corned Beef Feed and encouraged attendance. ViceMayor Gupta inquired about extending the records retention schedule related to Council packets, so that interestedparties might have long term access to project information and history. He explained this would particularly benefit new members of Council and staff that might require background information on such matters. The Vice Mayor next referenced unemployment and expressed interest in expanded career path opportunities assisting local, underserved students. The Vice Mayor asked for Council's support with an upcoming conferenceto explore expansion of this program. Councilman Garbarino shared the Vice Mayor's sentiments, supported theidea of the conference and requested costs for consideration. Councilwoman Matsumoto requested data about thelocal unemployment rate. Councilwoman Matsumoto requested that the meeting be adjourned inhonor of Harry A. Higuera. CONSENT CALENDAR 1. Motion approving the Minutes of meetings of January 11, 2016 and January 13, 2016. 2. Motion confirming payment registers for January 27, 2016. 3. Motion to accept the demolition of Greenhouse Buildings Project as complete in accordance with plans and specifications. (Total construction cost $91,850.00). (Sam Bautista — Principal Engineer). Item No. 2 — Councilwoman Matsumoto inquired regarding thecosts relatedto several items reflected on the payment registers, including the Parks and Recreation Ballet Program, Crisis Communications Plan, a mislabeleditem, Highway 101 ramp improvements, California Strong Motion Instrumentation Program (CSMIP) training fees, the Peg Channel Update Project, and arborist fees. Motion— Councilman Garbarino/Second— CouncilwomanNormandy toapprove the Consent Calendar. Approved by the following roll call vote: AYES: Councilmembers Normandy, Garbarino and Matsumoto and Vice Mayor Gupta. NOES: None. ABSENT: Mayor Addiego. ABSTAIN: None. REGULAR CITY COUNCIL MEETING JANUARY 27,2016 MINUTES PAGE 2 ADMINISTRATIVE BUSINESS 4. Resolution approving an Ambulance Billing Services Agreement and a Lockbox Services Agreement; and authorizing the City Manager toexecute an Ambulance Billing Services Agreement with Novato FireProtection District and a Lockbox Services Agreement with the City's current banking services provider Wells Fargo Bank, for a combined total not to exceed $294,096 for Fiscal Years FY 2015-16, FY 2016-17 and FY 2017-18. (Gerald Kohlmann, Fire Chief). Fire Chief Kohlmann presented the staff report recommending adoption of a Resolutionapproving an Ambulance Billing Services Agreement with Novato Fire Protection District and a Lockbox Services Agreement with the City's current banking services provider, Wells Fargo Bank. Chief Kohlmann detailed the history of South San FranciscoParamedic Services and prior billing practices. He advised of the growing transport needsand enhanced billing services. The Chief further explained the request for proposals process relatedto billing, the selection methodology and staff's ultimate selection of the Novato Fire Protection District as the City's new billing services provider. Chief Kohlmann explained the plan to implement a flat rate for patient care reports, and noted a$40,000 savings moving forward while phasingoutthecurrent contractor. CouncilwomanNormandy queried whether staff was comfortable executing a 2 (two) year contract. Fire Chief Kohlmann responded by noting the agreement includes an escape clause. Councilwoman Matsumoto queried certain calculations included in the staff report. Based on the agreed upon miscalculations, Staff and Council determined the report should be updated and the item brought back to Council for consideration at a later meeting. Council agreed to hear the item at a Special Meeting that was scheduled for 6:00 P.M. on February 3, 2016. 5. Resolution No. 9-2016 approving an amendment to an existing Consulting Services Agreement with Carollo Engineers of Walnut Creek, California for engineering services for the Water Quality Control Plant (WQCP) Digester Design Project in an amount not to exceed $319,814. (Eric Evans, Associate Civil Engineer). Associate Civil Engineer Eric Evanspresented the staff report recommending that Council adopt a Resolution approving an amendment to an existing Consulting Services Agreement with Carollo Engineers of Walnut Creek, Californiafor engineering services for the Water Quality Control Plant WQCP) Digester Design Project in an amount not to exceed $319,814. Engineer Evans advised the Water Quality Control Plant is undergoing design improvements to modernize, increase seismic safety, increase efficiency, and ensure the plant's ability tohandle increased flows as well accommodate future development. He stated theamendment would address several issues that were not included in the original design agreement as well as some unforeseen design difficulties. Through this process, staff becameaware of newtechnologies that enable processing greater amounts of waste using fewer digester tanks. This would result in over $3,000,000 in capital cost savings, increased efficiency, lower maintenance costs, and would allow the plant to accept food waste in the future to satisfy itsenergy needs with the natural gas produced. Motion— Councilwoman Normandy/Second— Councilman Garbarino: to approve ResolutionNo. 9- 2016. Approved by the following Roll Call Vote: AYES: CouncilmembersMatsumoto, Garbarino REGULAR CITY COUNCIL MEETING JANUARY 27,2016 MINUTES PAGE 3 and Normandy, and Vice Mayor Gupta. NOES: None. ABSENT: Mayor Addiego. ABSTAIN: None. 6. Resolution No. 10-2016 supporting the South City ShuttleProject and authorizing the submittal of an application for San Mateo County Shuttle Program Funding in the amount of 365,507 for Fiscal Year 2016-17 and 2017-18 and committing a matching contribution of 121,836 from South San Francisco Local Measure A Funds. (Justin Lovell, Public Works Administrator). Public Works Administrator Justin Lovell presented the staff reportrecommending that Council adopt a Resolution supporting theSouth City ShuttleProject and authorizing the submittal of an application for San Mateo County Shuttle Program Funding in the amount of$365,507 for Fiscal Year 2016-17 and 2017-18 and committing a matching contribution of$121,836 from South San Francisco Local Measure A Funds. AdministratorLovell detailed theSouth City ShuttleProject's maturation from its foundation to present, highlighting service improvements made and ridership data collected over the past two years of operation. With Council's resolution of support, and successful approval of the next two year funding cycle from San Mateo County Transportation Authority, Lovell discussed future goals of stabilizing the route and schedule, focusing on increased ridership and making rider experience improvements. Councilwoman Matsumoto expressed her support for theSouth City Shuttle and encouraged staff to seek community partners for strengthening the application. Lovell added the City can apply every funding cycle as long as the application score is high enough. Motion— Councilman Garbarino/Second— Councilwoman Normandy: to approve Resolution No. 10-2016. Approved by the following Roll Call Vote: AYES: Councilmembers Matsumoto, Garbarino and Normandy, and Vice Mayor Gupta. NOES: None. ABSENT: Mayor Addiego. ABSTAIN: None. Recess: 8:55 P.M. Meeting Resumed: 9:04 P.M. 7. Study Session: Community Choice Aggregation. (Mike Futrell, City Manager). City Manager Futrell presented the staff report and openedthe discussion on Community Choice Aggregation Energy with Peninsula Clean Energy. He advised the initiative would permit sustainable progress on energy needs and consumption. Senior Planner Friedman presented a PowerPoint describing how Community Choice Aggregation benefits customers with affordable rates, local control, energy efficiency programs, and environmentalbenefits including cost savings and reduction of greenhouse gas emissions. She proceeded to discuss how South San Francisco would utilize this system, providing several scenarios of impact to customers. She further explained the program would assist the City in meeting its goals relatedto the climate action plan. Certain risks and uncertainties included marketrisks, operationalrisks, and political or regulatory risks. Planner Friedman closed by recommending potential next steps, including collecting additional analysis, holding a community meeting, going through the public hearing process, and establishingaBoardofDirectorsrepresentative. Supervisor Dave Pine thanked Council for investing timeinto this effort. He believed the risks to be manageable and encouraged South San Francisco to join Peninsula Clean Energy. REGULAR CITY COUNCIL MEETING JANUARY 27,2016 MINUTES PAGE 4 Speaker Jan Butts encouraged South San Francisco to get involved, offer citizens clean energy choices, and help protect our climate. Vice Mayor Gupta believed this to be a necessary step for the City. Foregoing the opportunity, would take the choiceaway from the consumer. Comments and direction also included feedback from Councilwoman Matsumoto who expressed apprehension over considering this item on an accelerated time frame. Council agreed to continueconsideration of the time over a series of upcoming meetings. 8. Study Session: Grand Avenue Library Renovation Project Update. (Brian McMinn, Public Works Director). Item not heard. PUBLIC HEARING 9. Motion to waive reading and introduce an Ordinance making revisions toChapter 13.16 of the South San Francisco Municipal Code and establishing an Underground Utility District along Spruce Avenue from RailroadAvenue to the North Edge of Spruce Elementary School between Lux Avenue and Park Way and presentation of a list of potentialfuture Underground Utility Projects (CIP Project No. st1204). (Sam Bautista, Principal Engineer and Kathleen Phalen, Swinerton Management). Public Hearing Opened: 10:32 P.M. Public Hearing Closed: 10:55 P.M. Public WorksDirector Brian McMinn presentedthe staff report recommending that Council waive reading and introduce an Ordinance making revisions toChapter 13.16 of the South San Francisco Municipal Code and establishing an Underground Utility District along Spruce Avenue from Railroad Avenue to the North Edge of Spruce Elementary School between Lux Avenue and Park Way. He advised that staff reviewed comments from the public and incorporated their concerns into the development of this project with appropriate changes. A representative from Swinerton Management detailed the effort to reach out to affected property owners. Director McMinn defined the function of the ordinance, including establishing boundaries of the district. He advised staff would troubleshoot servicepanel conversions with PG&E. Councilwoman Matsumoto reiterated the importance of contacting every affected property owner and mentioned she disagrees with some of the proposed future sites. Vice Mayor Gupta mentioned aesthetic benefits and functional advantages of the project. Motion— Councilman Garbarino/Second— Councilwoman Matsumoto: to introduce an Ordinance making revisions toChapter 13.16 of the South San Francisco Municipal Code and establishing an Underground Utility District along Spruce Avenue from RailroadAvenue to the North Edge of REGULAR CITY COUNCIL MEETING JANUARY 27,2016 MINUTES PAGE 5 Spruce Elementary School between Lux Avenue and Park Way and presentation of a list of potentialfuture Underground Utility Projects. Approved by the following Roll Call Vote: AYES: Councilmembers Matsumoto, Garbarino and Normandy, and Vice Mayor Gupta. NOES: None. ABSENT: Mayor Addiego. ABSTAIN: None. ITEMS FROM COUNCIL—COMMITTEE REPORTS ANDANNOUNCEMENTS 10. City Council Committee Assignments. (Mayor Addiego). Item not heard. ADJOURNMENT Being no further businessthe meeting was adjourned in honor of Harry A. Higuera at 10:55 P.M. Submitted: Approved: st. . M ellfi i Cfity Cler, Mark Addiego, Mayor City of ut .San Francisco City of South San Francisco REGULAR CITY COUNCIL MEETING JANUARY 27,2016MINUTES PAGE 6 Staff Report DATE: February 10, 2016 TO: Mayor, Vice-Mayor, and Councilmembers FROM: Alex Greenwood, Director of Economic and Community Development SUBJECT: INTRODUCTION OF AN ORDINANCE AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM WITHIN THE CITY, AND WAIVE FURTHER READING; AND ADOPTION OF A RESOLUTION APPROVING THE EXECUTION OF A JOINT POWERS AGREEMENT TO ESTABLISH THE PENINSULA CLEAN ENERGY AUTHORITY WITHIN THE CITY AND APPOINTING A CITY DIRECTOR AND ALTERNATE DIRECTOR TO REPRESENT THE CITY RECOMMENDATION It is recommended the City Council: 1. Introduce an ordinance authorizing the implementation of a Community Choice Aggregation program within the City, and waive further reading; and 2. Adopt a resolution approving the execution of a Joint Powers Agreement to Establish the Peninsula Clean Energy Authority within the City and appointing a City Director and Alternative Director to represent the City. I. BACKGROUND A. CCA Overview In 2002, passage of Assembly Bill 117, concerning Community Choice Aggregation (CCA), allowed CCAs to operate in California. This legislation enables California cities, counties, public agencies, and joint powers agencies to aggregate the electricity demand of its constituents and to procure electricity that meets their desired electricity supply portfolio, while still having the local utility (Pacific Gas & Electric (PG&E), in South San Francisco’s case) provide transmission, distribution, billing, and repair services. In a jurisdiction that offers a CCA, enrollment in the CCA is automatic for electricity account holders, per state law. Customers who do not want to participate and prefer to purchase power from PG&E can opt out of the CCA program at any time. CCA participation rates are high, Staff Report Subject: COMMUNITY CHOICE AGGREGATION Date: February 10, 2016 Page 2 of 14 partially due to this opt-out approach, allowing CCA agencies to compete for competitive energy contracts in California’s monopoly-dominated energy markets. The main purpose and benefit of CCA programs is that they offer consumer choice in the energy market, and they have the potential to reduce greenhouse gas (GHG) emissions. B. CCA Operations A CCA replaces energy procurement and generation services that are provided by the local utility (PG&E). PG&E continues to deliver the energy to the customer, maintains and repairs infrastructure which carries it, and continues to provide customer service and billing. The following figure illustrates the energy procurement and delivery process under a CCA. The customer does not receive any duplicate charges, because the CCA and PG&E provide unique services. Figure 1: CCA Energy Delivery Process Staff Report Subject: COMMUNITY CHOICE AGGREGATION Date: February 10, 2016 Page 3 of 14 C. Existing CCA Programs There are currently three CCAs operational in California: Marin Clean Energy, Sonoma Clean Power, and Lancaster Choice Energy (Los Angeles County). Many other municipalities, including Alameda, San Francisco, Santa Clara, and Solano Counties are currently exploring CCAs. The following is a summary of the three operational CCA programs. 1. Marin Clean Energy In 2010, Marin Clean Energy (MCE) launched California’s first CCA. MCE is a joint powers authority currently consisting of all jurisdictions in Marin County, the cities of Richmond, Benicia, San Pablo, El Cerrito, and unincorporated Napa County. MCE's goal is to provide a greater support for renewable energy at competitive rates to residents and businesses. MCE sources energy from 50 percent renewable sources (compared to PG&E’s 27 percent renewable energy portfolio) at rates that are currently slightly less than PG&E. MCE also offers a 100 percent renewable option, at a higher cost. Typical residential rates for MCE are shown in the tables below, compared to PG&E rates (rates current as of September 2015). Table 1: Marin Clean Energy Comparison PG&E MCE Savings Electricity Cost ($/kWh) $.20968 $.20650 $.003 / kWh Average Monthly Bill ($) $98.01 $96.53 $1.48 / month Source: www.pge.com 2. Sonoma Clean Power More recently, Sonoma Clean Power launched in 2015. The Sonoma program offers energy from 36 percent renewable sources, and also offers a 100 percent renewable option at a higher cost. Typical residential rates for Sonoma Clean Power are shown in the table below, compared to PG&E rates (current as of September, 2015). Staff Report Subject: COMMUNITY CHOICE AGGREGATION Date: February 10, 2016 Page 4 of 14 Table 2: Sonoma Clean Power Comparison PG&E Sonoma Clean Power Savings Electricity Cost ($/kWh) $.21168 $.1975 $.014 / kWh Average Monthly Bill ($) $107.98 $100.75 $7.23 / month Source: www.pge.com 3. Lancaster Choice Energy Lancaster Choice Energy launched in the City of Lancaster (Los Angeles County) in 2015. This program offers rates that are more affordable than the local private utility (Southern California Edison (SCE)), with a higher renewable content. Typical residential rates for Lancaster Choice Energy are shown in the table below, compared with SCE rates. Table 3: Lancaster Choice Energy Comparison SCE Lancaster Choice Energy Savings Electricity Cost ($/kWh) $.18432 $0.1812 $.003 / kWh Average Monthly Bill ($) $123.31 $121.21 $2.10/ month Source: www.lancasterchoiceenergy.com/index.php D. San Mateo County Efforts San Mateo County began studying CCA formation in 2014, under the name Peninsula Clean Energy (PCE). In February 2015, the San Mateo County Board of Supervisors approved funding of $350,000 for a CCA technical feasibility study. Every city in San Mateo County, as well as the County itself, participated in the study, which was completed in October 2015. The full study can be found online at the following link: http://www.peninsulacleanenergy.com/wp-content/uploads/2015/10/FINAL-Peninsula-Clean- Energy-CCA-Technical-Study.pdf The San Mateo County Technical Study examined actual energy use county-wide, and evaluated three supply scenarios based on impact on electrical rates, greenhouse gas reductions, and renewable energy mix. The supply scenarios were developed for the purpose of demonstrating potential operating outcomes of the PCE program under a broad range of resource mixes, which generally reflect key objectives of the San Mateo communities in terms of cost savings and environmental benefits. Staff Report Subject: COMMUNITY CHOICE AGGREGATION Date: February 10, 2016 Page 5 of 14 All of the supply scenarios studied as part of the technical study excluded unbundled renewable energy certificates (RECs), nuclear, and coal-based energy from the resource mixes. This ensures that all of the renewable sources considered for the PCE meet state standards for eligible renewable resources. Prior to the procurement of any particular energy products, the PCE Board of Directors would set its resource mix, based on the goals of the member communities. It is likely that customers would be offered more than one choice under the PCE program, such as the 50 percent renewable option, and the 100 percent renewable option. PCE customers would be able to choose from one of the following options. Table 4: San Mateo County PCE Likely Options Key Considerations Balanced Cost + Environmental 100% Renewable Customer Costs Compared to PG&E Average 4% savings (~$4.05/month) Average 2% increase (~$1.80/month) Environmental Benefit 50% Renewable 100% Renewable GHG Emissions Impacts Compared to PG&E 75,000 metric ton Reduction 204,000 metric ton Reduction Based on the current market prices, the Technical Study indicated that PCE could provide both customer cost savings and significant GHG reductions. • The 50 percent renewable option meets the City’s objective of reducing GHG emissions, while reducing costs to customers • The 100 percent renewable option provides a significant GHG reduction; however, it would come at an additional cost to customers (estimated at two percent above PG&E’s current rates). As of the writing of this report, 12 other cities in San Mateo County, and the County itself, have taken action to join the PCE Joint Powers Authority (JPA). It is important to consider the Power Charge Indifference Adjustment (PCIA) charge, which is a monthly charge assessed by PG&E to cover generation costs acquired prior to a customer’s change in service provider. This fee is collected by PG&E and is effectively a monthly “exit fee” assessed to customers who receive their generation services from another provider. In December 2015, the California Public Utilities Commission (CPUC) approved a 95 percent increase to the PCIA. However, San Mateo County does not foresee the PCIA increase having a significant Staff Report Subject: COMMUNITY CHOICE AGGREGATION Date: February 10, 2016 Page 6 of 14 impact on the program launch or overall financial viability of the program, because renewable energy prices are falling and the PCIA increase was within the Technical Study sensitivity analysis. III. SOUTH SAN FRANCISCO PERSPECTIVE South San Francisco is the second largest electricity user in the County, accounting for approximately 15 percent of total countywide electric consumption.1 While residential electricity usage only accounts for 16 percent of total consumption citywide, residential accounts make up 86 percent of the total accounts that would be eligible for the Peninsula Clean Energy program. Table 5: Peninsula Clean Energy Projections (South San Francisco Only) Peninsula Clean Energy: Key Considerations South San Francisco Results Customer Cost Compared to PG&E Average 5% savings Environmental Benefits 50% Renewable Energy GHG Emissions Impacts Compared to PG&E Reduction of 10,860 metric tons A. Peninsula Clean Energy Proposal: Impact to South San Francisco Energy Customers Similar to the countywide results, South San Francisco residential customers would have an approximately $3.38, or five percent, reduction in monthly costs compared to PG&E. Participating business customers are also projected to have a reduction in electricity costs of approximately five percent. B. Peninsula Clean Energy Proposal: Impact to South San Francisco Greenhouse Gases (GHGs) Joining Peninsula Clean Energy (PCE) would contribute towards meeting the goals of our Climate Action Plan, which calls for a reduction of GHG emissions of 15 percent below baseline levels by the year 2020. As shown in Table 6 above, joining PCE could reduce GHG in South San Francisco by 10,860 metric tons. 1 This percentage does not include Direct Access customers, which are large commercial users who purchase energy directly, not through PG&E. There are seventy-three Direct Access accounts in South San Francisco. Staff Report Subject: COMMUNITY CHOICE AGGREGATION Date: February 10, 2016 Page 7 of 14 Joining PCE would be one method that would help achieve GHG reduction goals. This program would be in addition to a comprehensive list of programs and policies included in the City’s Climate Action Plan that the City is already working towards implementing, that would help to achieve GHG reduction goals. The projected GHG reduction assumes a PCE participation rate of 85 percent. However, since it is an opt-out program, it is possible that there would be a reduced environmental benefit if there is a lower participation rate, or a greater environmental benefit if there is a higher participation rate. The following table illustrates potential GHG emissions, assuming different participation rates. Table 6: Participation Rates and GHG Emissions Peninsula Clean Energy Participation Rate GHG Emissions Compared to PG&E 0% (City stays with PG&E) No reduction 25% of customers Reduction of 3,194 Metric Tons 50% of customers Reduction of 6,338 Metric Tons 85% of customers Reduction of 10,860 Metric Tons 100%of customers Reduction of 12,776 Metric Tons C. Benefits of Joining PCE 1. Consumer Choice Joining the PCE program would provide South San Francisco residents and businesses with a choice in regard to their energy provider and the degree to which their energy comes from renewable and non-nuclear sources. South San Francisco utility customers could choose to join PCE, or could choose to remain with PG&E. If customers joined PCE, and were not happy with the experience, they would be able to go back to PG&E without any disruption of service. CCAs are required by law to provide two written notices to customers prior to program launch; however, PCE has indicated that it will provide additional notices and outreach efforts to ensure that customers have ample opportunity to opt-out prior to program launch, or learn more about the program offerings. Similarly, the City would also have a choice in terms of Peninsula Clean Energy membership. The City would have the option to withdraw from Peninsula Clean Energy, under any of the following circumstances: • At the beginning of the fiscal year, following six months’ notice • Immediately after any amendment of the JPA agreement Staff Report Subject: COMMUNITY CHOICE AGGREGATION Date: February 10, 2016 Page 8 of 14 • Prior to program launch, if the JPA is unable to procure power that is equal or lower to PG&E’s rates and has lower GHG emissions. 2. Competitive Electricity Rates PCE is committed to providing cost savings for customers. PCE customers will receive cleaner electricity at rates that are projected to be slightly lower than those of PG&E. While lower rates are not guaranteed from year-to-year, it is reasonable to anticipate rate savings to continue into 2016 because PG&E’s electricity generation rates are projected to increase in the near future. While PG&E rates change several times a year, CCA rates generally adjust once per year, offering a measure of rate stability and certainty for CCA customers. While there is no guarantee that PCE generation rates will always be lower than PG&E’s generation rates, PCE will has the advantage of being a small, non-profit agency that does not pay shareholder dividends, corporate salaries, investor returns or income taxes like investor- owned utilities do. This helps to keep costs down for customers. 3. Renewable Incentive Programs PCE may be able to offer a solar net energy metering (NEM) program that provides better rates than comparable PG&E programs. This program is already operating successfully in Marin County under the MCE. 4. Access to PG&E and PCE Efficiency Programs Because PG&E will still provide PCE customers with transmission and generation services, they are still PG&E customers and are expected to still have access to the energy efficiency and other cost-saving programs provided by PG&E. In addition, Peninsula Clean Energy will operate its own energy efficiency programs. Customers who are eligible for the PG&E’s California Alternate Rates for Energy (CARE) program, which provides deeply discounted energy bills to qualifying households, would continue to be eligible and would receive the CARE discount under the PCE program. 5. Support of Community Programs and Projects As a non-profit public agency, PCE will allocate a portion of revenues to local projects and programs within its service area. 6. GHG Reduction As described above, joining PCE could reduce GHG emissions in the City, in accordance with our CAP goals. Staff Report Subject: COMMUNITY CHOICE AGGREGATION Date: February 10, 2016 Page 9 of 14 D. Risks of Joining PCE Staff has studied potential risks, as has the City Attorney, relying on studies of the Marin County MCE program, as the most established CCA in California, and the San Mateo County technical study completed in October 2015, as well as a comprehensive review of the proposed Joint Exercise of Powers Agreement (Peninsula Clean Energy JPA, Attachment 3 to this staff report). In the opinion of the City Attorney, after analyzing the PCE JPA, the possible legal and financial risks to the City and its citizens in joining the program are as follows. 1. Legal Risks to the City The PCE JPA expressly provides for limited liability for its member cities, as well as directors, officers, and employees of PCE. The JPA states that “the debts, liabilities or obligations of the [PCE] shall not be debts, liabilities or obligations of the individual [member cities] unless the governing board of [the City] agrees in writing to assume any of the debts, liabilities or obligations of the [PCE].” This language in the JPA will generally protect the City from any actions or liabilities of PCE. To further mitigate any potential legal risks to the participants, PCE has stated in the JPA that it is committed to acquiring “insurance coverage as is necessary to protect the interests of the [PCE], the [member cities], and the public.” Additionally, the JPA explicitly states that “[n]o current or former Director, officer, or employee will be responsible for any act or omission by another Director, officer, or employee” and PCE “shall defend, indemnify and hold harmless the individual current and former Directors.” Thus, the City is generally shielded from possible liability resulting from the actions of the representatives of other member cities as well. It is worth noting, however, that member cities of JPAs are not automatically insulated from tort liability for the actions of the JPA entity and its members, per Government Code section 895.2. If Peninsula Clean Energy were to: (1) Be sued for negligence or wrongful acts or omissions; (2) Have a significant adverse judgment levied against it; and (3) The PCE’s insurance was not sufficient to satisfy the judgment, then the member cities’ assets may be found reachable by the injured party. Because all three of these conditions must occur to subject the City to the PCE’s liability, the associated risk is very low. 2. Financial Risks to the City The PCE’s initial costs have been fully covered by San Mateo County, and thus, most of the financial risk lies with the County. The County expects, and the JPA provides, that this expenditure will be returned in the form of customer charges once the PCE is fully functional. If the PCE venture fails prior to roll out, however, the County will lose its investment, but the member cities are insulated from this loss by the terms of the PCE JPA. Staff Report Subject: COMMUNITY CHOICE AGGREGATION Date: February 10, 2016 Page 10 of 14 Although the City’s financial risks are limited during the evaluation and pre-implementation stages of the PCE, the JPA outlines a few specific situations where the City might incur costs if it chooses to withdraw from the JPA or the PCE fails after formation. Prior to the launch of the PCE, a report from an electrical utility consultant will be provided to the prospective member cities outlining the PCE’s estimated electrical rates, greenhouse gas emissions, and estimated renewable energy use. If the report shows that the PCE will be unable to offer customers: (1) Rates that are equal to or lower than PG&E’s, or (2) Power generation that emits less greenhouse gas than PG&E or uses more renewable energy than PG&E, then, the City will be free to withdraw within fifteen (15) days, without any financial obligation. After formation and implementation of PCE, the JPA states that there may be continuing financial obligations to any member city that chooses to withdraw, or is involuntarily terminated by a two-thirds vote of the other member directors. The JPA specifically provides that a withdrawing or terminated member city “shall remain responsible for any claims, demands, damages, or other financial obligations” arising from participation in the program through the date of its withdrawal or termination. The major financial obligation specifically outlined in the JPA is for “losses from the resale of power contracted for by the [PCE] to serve the [City’s] load.” However, this section of the JPA also explicitly provides that, upon notice of a member city’s desire to withdraw, PCE is obligated to provide a minimum waiting period during which the member would be required to remain a part of Peninsula Clean Energy in order to withdraw without financial consequence. Thus, the City is free to withdraw from PCE at any time and pay for the power already contracted for on its behalf or remain in the program until such time that the City has fully used, or that PCE has re-allocated, the City’s share of the contracted power. Finally, the JPA provides that a withdrawing member city is additionally responsible for costs or obligations associated generally with any specific program the City agreed to be a part of prior to the date of its withdrawal. Considering the above discussion, staff considers the financial risk to the City associated with joining PCE to be very low. 3. Financial Risks to PCE Customers As stated above, customers in operational CCAs have enjoyed cost reductions in electricity costs. The following analysis is provided as a worst-case scenario. In the event of a CCA failure, unless they proactively opt out, customers rejoining PG&E could face increased charges, exit fees, and re-entry costs. In order to protect its investment and discourage opting out, PCE may institute exit fees for any customer that chooses to opt out after the 60-day free period. Additionally, PG&E typically institutes both a re-entry fee and market rate energy charge for any customer returning to the utility, as well as a mandated one-year commitment to remain with PG&E after returning. (See PG&E Electrical Rule 23.) Staff Report Subject: COMMUNITY CHOICE AGGREGATION Date: February 10, 2016 Page 11 of 14 The CPUC has required each CCA to post a bond of $100,000 to “cover such costs as potential re-entry fees [for customers], penalties for failing to meet operational deadlines, and errors in forecasting.” (CPUC Decision 05-12-041.) Although this bond is meant to cover re-entry fees imposed by the investor-owned utilities (IOUs, such as PG&E), among other things, it is unlikely that it would be used on an ad hoc basis, but only if the PCE fails altogether and all local customers return to the IOU. Thus, in the unlikely scenario that customers become dissatisfied with PCE, and choose to leave after the free opt out period, they could potentially face fees from both PCE and PG&E. Given the experience seen at the three operations CCAs in California (Marin Clean Energy, Sonoma Clean Power, and Lancaster Choice Energy), staff believes the financial risk to PCE customers to be very low. 4. Regulatory Risks The CPUC oversees the creation and inception of all CCAs and promulgates all regulations that apply to energy generation and supply in the state. To date, the CPUC has been generally supportive of CCA formation and operation and is guided by the increase-in-utility-competition and customer-rate-reduction principles outlined in Public Utilities Code. In 2012, the CPUC adopted a Code of Conduct for the IOUs relative to CCA formation and implementation, as well as an expedited complaint procedure available to CCAs in response to disruptive and deceptive conduct by the IOUs. (See CPUC Decision 12-12-036.) Most regulatory risks will impact the PCE as a whole and are unlikely to affect the City individually or directly. However, it is possible that future CPUC regulations and state or federal legislation may alter the relationship and responsibility of member communities with regard to multi-community CCAs, especially if customers become dissatisfied with CCAs and elected officials are forced to react to concerns voiced by their constituents. At present, there are no known proposed legislation or regulatory changes that would affect PCE’s operations. Staff believes the regulatory risk is very low. E. PCE Governance 1. Joint Powers Agreement As discussed in the risk analysis section, the JPA is a legally and financially separate entity from the jurisdictions that it serves. The JPA will be governed by a Board of Directors comprised of one elected official serving as a director and one alternate director from each of the PCE member jurisdictions. The Board of Directors will be responsible for setting electricity rates, program policy, and also developing an implementation plan to be submitted to the CPUC. Staff Report Subject: COMMUNITY CHOICE AGGREGATION Date: February 10, 2016 Page 12 of 14 2. Voting Structure Each member city has one vote on behalf of their city, and the County is granted two votes, in exchange for fronting the start-up costs for the program. The JPA does provide for an additional vote weighted by shares based upon the annual energy used by each member city or the County, in relation to all the PCE members’ total energy usage, as indicated in Table 7. The weighted vote would only be used in specific circumstances. If a member agency is not satisfied with the outcome of an initial vote, the agency may call for a second vote using the weighted shares method. This method can only be used to nullify a previous vote; no action may be approved solely by a vote of shares. This protects the interests of large energy users, such as South San Francisco, and is also in place to encourage consensus-building among Board members. Table 7: Approximate JPA Voting Weights City Voting Share Portola Valley 0.5% Colma 0.5% Woodside 1% Brisbane 1.5% Hillsborough 1.5% Half Moon Bay 1.5% Atherton 1.5% East Palo Alto 2% Millbrae 2.5% Belmont 2.5% Pacifica 3% Foster City 4.5% San Carlos 4.5% San Bruno 5% Unincorporated County 6% Burlingame 6% Daly City 6.5% Menlo Park 7.5% San Mateo 12.5% South San Francisco 15% Redwood City 15.5% Staff Report Subject: COMMUNITY CHOICE AGGREGATION Date: February 10, 2016 Page 13 of 14 F. Public Input One member of the public spoke in support of South San Francisco joining the PCE program at the January 27, 2016 study session. In addition, several letters regarding the program were received (Attachment 4). On February 3, 2016, the City hosted a Community Workshop on the PCE program, to gather input from residents and businesses. Notes on the input received at the workshop are attached to this staff report (Attachment 6). G. South San Francisco City Government Saves Approximately $56,000 by Joining PCE As an electric customer and ratepayer, the City of South San Francisco would have the choice of purchasing electricity for municipal accounts from PCE or PG&E. In 2015, the City spent nearly $1.4 million on electricity bills, excluding the City’s solar accounts, and used approximately 8.3 million kWh with PG&E. Using current electric rate comparisons, staff estimates that the annual potential financial impact could result in a four percent (4%) cost savings to the City, or approximately $56,000 in annual savings. Using current emissions factors, enrolling municipal accounts in PCE would reduce GHG emissions by approximately 600 metric tons by Year 10 of PCE program operations, helping to contribute to overall community-wide GHG reductions in the City. IV. CEQA AND ENVIRONMENTAL COMPLIANCE The action of a local government to join PCE is an administrative action that will not result in a direct physical change to the environment or a reasonably foreseeable indirect change to the environment, and thus is not a project as defined by the California Environmental Quality Act (CEQA) Guideline Section 15378. CEQA Guidelines Section 15378(b)(5) states that a project does not include "Organization or administrative activities of governments that will not result in direct or indirect physical changes in the environment." Per CEQA Guidelines Section 15378, there cannot be a project unless the proposed action will result in "either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." V. NEXT STEPS Following the JPA formation process, PCE will establish a Board of Directors. The PCE Board will be made up of two members from the San Mateo County Board of Supervisors, and one elected official from each member city (plus an Alternate from each city, who may be an elected official or city staff member). The Board will set the PCE’s policies and electricity rates. Following JPA formation, PCE will also develop an implementation plan to be certified by the CPUC, which will outline how PCE will function, set rates, procure electricity, and carry out all other functions required under CPUC regulations. ATTACHMENT 1 DRAFT PENINSULA CLEAN ENERGY ORDINANCE 1 ORDINANCE NO. _________ CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA AN ORDINANCE AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM IN SOUTH SAN FRANCISCO BY AND THROUGH A JOINT EXERCISE OF POWERS AGREEMENT WITH THE PENINSULA CLEAN ENERGY AUTHORITY _______________________________________________ WHEREAS, the County of San Mateo prepared a Feasibility Study for a community choice aggregation (“CCA”) program in San Mateo County with the cooperation of the cities under the provisions of the Public Utilities Code section 366.2. The Feasibility Study shows that implementing a community choice aggregation program would provide multiple benefits, including: •Providing customers a choice of power providers; •Increasing local control and involvement in and collaboration on energy rates and other energy-related matters; •Providing more stable long-term electric rates that are competitive with those provided by the incumbent utility; •Reducing greenhouse gas emissions arising from electricity use within San Mateo County; •Increasing local renewable generation capacity; •Increasing energy conservation and efficiency projects and programs; •Increasing regional energy self-sufficiency; •Improving the local economy resulting from the implementation of local renewable and energy conservation and efficiency projects; and WHEREAS, the City Council of the City of South San Francisco (“City”) has directed staff to bring for its approval a Joint Exercise of Powers Agreement whereby the City will join the Peninsula Clean Energy Authority (“Authority”). Under the Joint Powers Agreements, cities and towns within San Mateo County may participate in the Peninsula Clean Energy CCA program by adopting the resolution and ordinance required by Public Utilities Code section 366.2. Cities and towns choosing to participate in the CCA program will have membership on the Board of Directors of the Authority as provided in the Joint Powers Agreement; and WHEREAS, the Authority will enter into Agreements with electric power suppliers and other service providers, and based upon those Agreements the Authority will be able to provide power to residents and business at rates that are competitive with those of the incumbent utility. Once the California Public Utilities Commission approves the implementation plan created by the Authority, the Authority will provide service to customers within the unincorporated area of San Mateo County and within the jurisdiction of those cities who have chosen to participate in the CCA program; and 2 WHEREAS, under Public Utilities Code section 366.2, customers have the right to opt- out of a CCA program and continue to receive service from the incumbent utility. Customers who wish to continue to receive service from the incumbent utility will be able to do so; and WHEREAS, on January 27, 2016, the City Council held a study session, and on February 10, 2016, the City Council held a public meeting on the ordinance, at which both meetings interested persons had an opportunity to testify either in support or opposition to implementation of the Peninsula Clean Energy CCA program in the City. WHEREAS, this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, as it is not a “project” as it has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Regs. § 15378(a)). Further, the ordinance is exempt from CEQA as there is no possibility that the ordinance or its implementation would have a significant effect on the environment. (14 Cal. Code Regs. § 15061(b)(3)). The ordinance is also categorically exempt because it is an action taken by a regulatory agency to assume the maintenance, restoration, enhancement, or protection of the environment. (14 Cal. Code Regs. § 15308). The City’s Economic and Community Development Department shall cause a Notice of Exemption to be filed as authorized by CEQA and the CEQA Guidelines. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION 1. FINDINGS. The City Council of the City of South San Francisco has investigated options to provide electric services to customers within the City with the intent of achieving greater local control and involvement over the provision of electric services, competitive electric rates, the development of clean, local, renewable energy projects, reduced greenhouse gas emissions, and the wider implementation of energy conservation and efficiency projects and programs; and hereby finds and declares as follows: SECTION 2. RECITALS. The above recitations are true and correct and material to this Ordinance. SECTION 3. AUTHORIZATION TO IMPLEMENT A COMMUNITY CHOICE AGGREGATION PROGRAM. Based upon the forgoing, and in order to provide business and residents within the City of South San Francisco with a choice of power providers and with the benefits described above, the City Council of the City of South San Francisco ordains that it shall implement a community choice aggregation program within its jurisdiction by participating as a group with the County of San Mateo and other cities and towns as described above in the Community Choice Aggregation program of the Peninsula Clean Energy Authority, as generally described in the Joint Exercise of Powers Agreement. SECTION 4. SEVERABILITY If any provision of this Ordinance or the application thereof to any person or 3 circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 5. PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco held on the 10th day of February, 2016. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held on the ____ day of ____________, 2016, by the following vote: AYES: ___________________________________________________________ NOES: __________________________________________________________ ABSTAIN: _______________________________________________________ ABSENT: ________________________________________________________ Attest: ________________________________ City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing ordinance this _____ day of ____________, 2016. _______________________ Mark Addiego, Mayor 4 ATTACHMENT 2 DRAFT PENINSULA CLEAN ENERGY AUTHORIZING RESOLUTION 5 RESOLUTION NO. ___________ CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE JOINT EXERCISE OF POWERS AGREEMENT, WHICH WILL ESTABLISH THE PENINSULA CLEAN ENERGY AUTHORITY WITH THE CITY AS A CHARTER MEMBER AND APPOINTING THE CITY’S DIRECTOR ON THE BOARD AND THE CITY’S ALTERNATE DIRECTOR ____________________________________________________ WHEREAS, the City Council of the City of South San Francisco (“City”) has investigated options to provide electric services to customers within the City, with the intent of achieving greater local control and involvement over the provision of electric services, competitive electric rates, the development of clean, local, renewable energy projects, reduced greenhouse gas emissions, and the wider implementation of energy conservation and efficiency projects and programs; and WHEREAS, the County of San Mateo (“County”) has prepared a Feasibility Study for a community choice aggregation (“CCA”) program in San Mateo County under the provisions of the Public Utilities Code section 366.2. The Feasibility Study shows that implementing a community choice aggregation program would provide multiple benefits, including: a.Providing customers a choice of power providers; b.Increasing local control and involvement in and collaboration on energy rates and other energy-related matters; c.Providing more stable long-term electric rates that are competitive with those provided by the incumbent utility; d.Reducing greenhouse gas emissions arising from electricity use within San Mateo County; e.Increasing local renewable generation capacity; f. g. Increasing energy conservation and efficiency projects and programs; Increasing regional energy self-sufficiency; and h.Improving the local economy resulting from the implementation of local renewable and energy conservation and efficiency projects; and WHEREAS, the City wishes to be a community choice aggregator and has introduced the Ordinance required by Public Utilities Code Section 366.2 in order to do so; and 6 WHEREAS, the County of San Mateo has already become a community choice aggregator and believes that other cities and towns within San Mateo County also wish to be community choice aggregators; and WHEREAS, pursuant to Section 366.2, two or more entities authorized to be a community choice aggregator, may participate as a group in a community choice aggregation program through a joint powers agency established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, if each entity adopts the aforementioned ordinance; and WHEREAS, there has been presented to the City Council for its consideration and acceptance a Joint Exercise of Powers Agreement, reference to which is hereby made for further particulars, whereby the City shall participate in the creation of the Peninsula Clean Energy Authority (“Authority”) with the County and at least one other city and/or town and become a charter member; and WHEREAS, the Joint Exercise of Powers Agreement entered into between the County and the participating cities of the Peninsula will create and form the Authority. Under the Joint Exercise of Powers Agreement, the County and cities and towns within San Mateo County choosing to participate in the CCA program will have membership on the Board of Directors of the Authority as provided in the Joint Exercise of Powers Agreement if they execute the Agreement and adopt the ordinance required by the Public Utilities Code; and WHEREAS, the newly created Authority will enter into agreements with electric power suppliers and other service providers, and based upon those agreements the Authority will likely be able to provide power to residents and businesses at rates that are competitive with those of the incumbent utility (“PG&E”). Once the California Public Utilities Commission approves the implementation plan created by the Authority, the Authority will provide service to customers within the jurisdiction of those cities who have chosen to participate in the CCA program and within the unincorporated area of San Mateo County; and WHEREAS, under Public Utilities Code section 366.2, customers have the right to opt- out of a CCA program and continue to receive service from the incumbent utility. Customers who wish to continue to receive service from the incumbent utility will be able to do so; and WHEREAS, the City Council has been presented with a form of such Joint Exercise of Powers Agreement and the City Council has examined and approved same as to both form and content and desires to enter into same. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby takes the following actions: 1.Authorizes and directs the Mayor to execute the Joint Exercise of Powers Agreement with the County and other participating Cities and Towns of the Peninsula, which will establish the Authority with the City as a charter member; and 2._________________ is hereby appointed to be the City’s Director on the Authority’s Board and ______________________ is hereby appointed to be the City’s Alternate Director. 3.The City Manager is authorized to execute any and all other necessary documents to enter into the Joint Exercise of Powers Agreement to form the Peninsula Clean Energy Authority, and to take any action consistent with the intent of this resolution. 7 * * ** I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 10th day of February, 2016, by the following vote: AYES: ____________________________________________________________ NOES: _____________________________________________________________ ABSTAIN: _____________________________________________________________ ABSENT: _____________________________________________________________ ATTEST: _______________________________ City Clerk 8 ATTACHMENT 3 PCE JPA AGREEMENT 9 Page 1 of 14 Approved [insert date] JOINT EXERCISE OF POWERS AGREEMENT RELATING TO AND CREATING THE PENINSULA CLEAN ENERGY AUTHORITY OF SAN MATEO COUNTY This Joint Exercise of Powers Agreement, effective on the date determined by Section 2.1, is made and entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Sections 6500 et seq.) of the California Government Code relating to the joint exercise of powers among the Parties set forth in Exhibit B, and establishes the Peninsula Clean Energy Authority (“Authority”), is by and between the County of San Mateo (“County”) and those cities and towns within the County of San Mateo who become signatories to this Agreement, and relates to the joint exercise of powers among the signatories hereto. RECITALS A. The Parties share various powers under California law, including but not limited to the power to purchase, supply, and aggregate electricity for themselves and customers within their jurisdictions. B. In 2006, the State Legislature adopted AB 32, the Global Warming Solutions Act, which mandates a reduction in greenhouse gas emissions in 2020 to 1990 levels. The California Air Resources Board is promulgating regulations to implement AB 32 which will require local governments to develop programs to reduce greenhouse gas emissions. C. The purposes for entering into this Agreement include: a. Reducing greenhouse gas emissions related to the use of power in San Mateo County and neighboring regions; b. Providing electric power and other forms of energy to customers at a competitive cost; c. Carrying out programs to reduce energy consumption; d. Stimulating and sustaining the local economy by developing local jobs in renewable energy; and e. Promoting long-term electric rate stability and energy security and reliability for residents through local control of electric generation resources. D. It is the intent of this Agreement to promote the development and use of a wide range of renewable energy sources and energy efficiency programs, including but not limited to 10 Page 2 of 14 Approved [insert date] solar, wind, and biomass energy production. The purchase of renewable power and greenhouse gas-free energy sources will be the desired approach to decrease regional greenhouse gas emissions and accelerate the State’s transition to clean power resources to the extent feasible. The Agency will also add increasing levels of locally generated renewable resources as these projects are developed and customer energy needs expand. E. The Parties desire to establish a separate public agency, known as the Peninsula Clean Energy Authority, under the provisions of the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) (“Act”) in order to collectively study, promote, develop, conduct, operate, and manage energy programs. F. The Parties anticipate adopting an ordinance electing to implement through the Authority a common Community Choice Aggregation (CCA) program, an electric service enterprise available to cities and counties pursuant to California Public Utilities Code Sections 331.1(c) and 366.2. The first priority of the Authority will be the consideration of those actions necessary to implement the CCA Program. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, it is agreed by and among the Parties as follows: ARTICLE 1: DEFINITIONS AND EXHIBITS 1.1 Definitions. Capitalized terms used in the Agreement shall have the meanings specified in Exhibit A, unless the context requires otherwise. 1.2 Documents Included. This Agreement consists of this document and the following exhibits, all of which are hereby incorporated into this Agreement. Exhibit A: Definitions Exhibit B: List of the Parties Exhibit C: Annual Energy Use Exhibit D: Voting Shares Exhibit E: Signatures ARTICLE 2: FORMATION OF PENINSULA CLEAN ENERGY AUTHORITY 2.1 Effective Date and Term. This Agreement shall become effective and Peninsula Clean Energy Authority shall exist as a separate public agency on February 29, 2016 or when the County of San Mateo and at least two municipalities execute this Agreement, whichever occurs later. The Authority shall provide notice to the Parties of the Effective Date. The Authority shall continue to exist, and this Agreement shall be effective, until this Agreement is terminated in accordance with Section 6.4, subject to the rights of the Parties to withdraw from the Authority. 11 Page 3 of 14 Approved [insert date] 2.2 Formation. There is formed as of the Effective Date a public agency named the Peninsula Clean Energy Authority. Pursuant to Sections 6506 and 6507 of the Act, the Authority is a public agency separate from the Parties. Pursuant to Sections 6508.1 of the Act, the debts, liabilities or obligations of the Authority shall not be debts, liabilities or obligations of the individual Parties unless the governing board of a Party agrees in writing to assume any of the debts, liabilities or obligations of the Authority. A Party who has not agreed to assume an Authority debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Parties agree to assume the debt, liability or obligation of the Authority. Notwithstanding Section 7.4 of this Agreement, this Section 2.2 may not be amended unless such amendment is approved by the governing board of each Party. 2.3 Purpose. The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to each Party to study, promote, develop, conduct, operate, and manage energy, energy efficiency and conservation, and other energy-related programs, and to exercise all other powers necessary and incidental to accomplishing this purpose. Without limiting the generality of the foregoing, the Parties intend for this Agreement to be used as a contractual mechanism by which the Parties are authorized to participate in the CCA Program, as further described in Section 4.1. The Parties intend that other agreements shall define the terms and conditions associated with the implementation of the CCA Program and any other energy programs approved by the Authority. 2.4 Powers. The Authority shall have all powers common to the Parties and such additional powers accorded to it by law. The Authority is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following powers, subject to the voting requirements set forth in Section 3.7 through 3.7.5: 2.4.1 to make and enter into contracts; 2.4.2 to employ agents and employees, including but not limited to a Chief Executive Officer; 2.4.3 to acquire, contract, manage, maintain, and operate any buildings, infrastructure, works, or improvements; 2.4.4 to acquire property by eminent domain, or otherwise, except as limited under Section 6508 of the Act, and to hold or dispose of any property; however, the Authority shall not exercise the power of eminent domain within the jurisdiction of a Party over its objection without first meeting and conferring in good faith. 2.4.5 to lease any property; 2.4.6 to sue and be sued in its own name; 2.4.7 to incur debts, liabilities, and obligations, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers such as Government Code Sections 53850 et seq. and authority under the Act; 12 Page 4 of 14 Approved [insert date] 2.4.8 to form subsidiary or independent corporations or entities if necessary, to carry out energy supply and energy conservation programs at the lowest possible cost or to take advantage of legislative or regulatory changes; 2.4.9 to issue revenue bonds and other forms of indebtedness; 2.4.10 to apply for, accept, and receive all licenses, permits, grants, loans or other aids from any federal, state, or local public agency; 2.4.11 to submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation of the CCA Program and other energy programs; 2.4.12 to adopt Operating Rules and Regulations; and 2.4.13 to make and enter into service agreements relating to the provision of services necessary to plan, implement, operate and administer the CCA Program and other energy programs, including the acquisition of electric power supply and the provision of retail and regulatory support services. 2.4.14 to permit additional Parties to enter into this Agreement after the Effective Date and to permit another entity authorized to be a community choice aggregator to designate the Authority to act as the community choice aggregator on its behalf. 2.5 Limitation on Powers. As required by Government Code Section 6509, the power of the Authority is subject to the restrictions upon the manner of exercising power possessed by San Mateo County. 2.6 Compliance with Local Zoning and Building Laws and CEQA. Unless state or federal law provides otherwise, any facilities, buildings or structures located, constructed, or caused to be constructed by the Authority within the territory of the Authority shall comply with the General Plan, zoning and building laws of the local jurisdiction within which the facilities, buildings or structures are constructed and comply with the California Environmental Quality Act (“CEQA”). ARTICLE 3: GOVERNANCE AND INTERNAL ORGANIZATION 3.1 Board of Directors. The governing body of the Authority shall be a Board of Directors (“Board”). The Board shall consist of 2 (two) directors appointed by the San Mateo County Board of Supervisors and 1 (one) director appointed by each City or Town that becomes a signatory to the Agreement (“Directors”). Each Director shall serve at the pleasure of the governing board of the Party who appointed such Director, and may be removed as Director by such governing board at any time. If at any time a vacancy occurs on the Board, a replacement shall be appointed to fill the position of the previous Director within 90 days of the date that such position becomes vacant. Directors must be members of the Board of Supervisors or members of the governing board of the municipality that is the signatory to this Agreement. Each Party may appoint an alternate(s) to serve in the absence of its Director(s). Alternates may be either (1) members of the Board of Supervisors or members of the governing board of the municipality that is the signatory to this 13 Page 5 of 14 Approved [insert date] Agreement, or (2) staff members of the County or any such municipality. 3.2 Quorum. A majority of the appointed Directors shall constitute a quorum, except that less than a quorum may adjourn from time to time in accordance with law. 3.3 Powers and Functions of the Board. The Board shall exercise general governance and oversight over the business and activities of the Authority, consistent with this Agreement and applicable law. The Board shall provide general policy guidance to the CCA Program. Board approval shall be required for any of the following actions: 3.3.1 The issuance of bonds or any other financing even if program revenues are expected to pay for such financing. 3.3.2 The hiring or termination of the Chief Executive Officer and General Counsel. 3.3.3 The appointment or removal of officers described in Section 3.9, subject to Section 3.9.3. 3.3.4 The adoption of the Annual Budget. 3.3.5 The adoption of an ordinance. 3.3.6 The approval of agreements, except as provided by Section 3.4. 3.3.7 The initiation or resolution of claims and litigation where the Authority will be the defendant, plaintiff, petitioner, respondent, cross complainant or cross petitioner, or intervenor; provided, however, that the Chief Executive Officer or General Counsel, on behalf of the Authority, may intervene in, become a party to, or file comments with respect to any proceeding pending at the California Public Utilities Commission, the Federal Energy Regulatory Commission, or any other administrative agency, without approval of the Board as long as such action is consistent with any adopted Board policies. 3.3.8 The setting of rates for power sold by the Authority and the setting of charges for any other category of service provided by the Authority. 3.3.9 Termination of the CCA Program. 3.4 Chief Executive Officer. The Board of Directors shall appoint a Chief Executive Officer for the Authority, who shall be responsible for the day-to-day operation and management of the Authority and the CCA Program. The Chief Executive Officer may exercise all powers of the Authority, including the power to hire, discipline and terminate employees as well as the power to approve any agreement if the total amount payable under the agreement is less than $100,000 in any fiscal year, except the powers specifically set forth in Section 3.3 or those powers which by law must be exercised by the Board of Directors. 3.5 Commissions, Boards, and Committees. The Board may establish any advisory 14 Page 6 of 14 Approved [insert date] commissions, boards, and committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing the CCA Program, other energy programs and the provisions of this Agreement which shall comply with the requirements of the Ralph M. Brown Act. The Board may establish rules, regulations, policies, bylaws or procedures to govern any such commissions, boards, or committees if the Board deems appropriate to appoint such commissions, boards or committees, and shall determine whether members shall be compensated or entitled to reimbursement for expenses. 3.6 Director Compensation. Directors shall serve without compensation from the Authority. However, Directors may be compensated by their respective appointing authorities. The Board, however, may adopt by resolution a policy relating to the reimbursement by the Authority of expenses incurred by Directors. 3.7 Voting In general, as described below in Section 3.7.3, action by the Authority Board will be taken solely by a majority vote of the Directors present. However, as described below in Section 3.7.4, upon request of a Director, a weighted vote by shares will also be conducted. When such a request is made, an action must be approved by both a majority vote of Directors present and a majority of the weighted vote by shares present. No action may be approved solely by a vote by shares. The voting shares of Directors and approval requirements for actions of the Board shall be as follows: 3.7.1. Voting Shares. Each Director shall have a voting share as determined by the following formula: (Annual Energy Use/Total Annual Energy) multiplied by 100, where (a) “Annual Energy Use” means, (i) with respect to the first year following the Effective Date, the annual electricity usage, expressed in kilowatt hours (“kWh”), within the Party’s respective jurisdiction and (ii) with respect to the period after the anniversary of the Effective Date, the annual electricity usage, expressed in kWh, of accounts within a Party’s respective jurisdiction that are served by the Authority; and (b) “Total Annual Energy” means the sum of all Parties’ Annual Energy Use. The initial values for Annual Energy Use will be designated in Exhibit C, and shall be adjusted annually as soon as reasonably practicable after January 1, but no later than March 1 of each year. These adjustments shall be approved by the Board. (c) The combined voting share of all Directors representing the County of San Mateo shall be based upon the annual electricity usage within the unincorporated area of San Mateo County. For the purposes of Weighted Voting, if a Party has more than one director, then the voting shares allocated to the entity shall be equally divided amongst its Directors. 3.7.2. Exhibit Showing Voting Shares. The initial voting shares will be set forth in Exhibit D. Exhibit D shall be revised no less than annually as necessary to account for changes in the number of Parties and changes in the Parties’ Annual Energy Use. Exhibit 15 Page 7 of 14 Approved [insert date] D and adjustments shall be approved by the Board. 3.7.3. Approval Requirements Relating to CCA Program. Except as provided in Sections 3.7.4 and 3.7.5 below, action of the Board shall require the affirmative vote of a majority of Directors present at the meeting. 3.7.4. Option for Approval by Voting Shares. Notwithstanding Section 3.7.3, any Director present at a meeting may demand that approval of any matter related to the CCA Program be determined on the basis of both voting shares and by the affirmative vote of a majority of Directors present at the meeting. If a Director makes such a demand with respect to approval of any such matter, then approval of such matter shall require the affirmative vote of a majority of Directors present at the meeting and the affirmative vote of Directors having a majority of voting shares present, as determined by Section 3.7.1 except as provided in Section 3.7.5. 3.7.5. Special Voting Requirements for Certain Matters. (a) Two-Thirds and Weighted Voting Approval Requirements Relating to Sections 6.2 and 7.4. Action of the Board on the matters set forth in Section 6.2 (involuntary termination of a Party), or Section 7.4 (amendment of this Agreement) shall require the affirmative vote of at least two-thirds of Directors present; provided, however, that (i) notwithstanding the foregoing, any Director present at the meeting may demand that the vote be determined on the basis of both voting shares and by the affirmative vote of Directors, and if a Director makes such a demand, then approval shall require the affirmative vote of both at least two-thirds of Directors present and the affirmative vote of Directors having at least two-thirds of the voting shares present, as determined by Section 3.7.1; (ii) but, at least two Parties must vote against a matter for the vote to fail; and (iii) for votes to involuntarily terminate a Party under Section 6.2, the Director(s) for the Party subject to involuntary termination may not vote, and the number of Directors constituting two-thirds of all Directors, and the weighted vote of each Party shall be recalculated as if the Party subject to possible termination were not a Party. (b) Seventy Five Percent Special Voting Requirements for Eminent Domain and Contributions or Pledge of Assets. (i) A decision to exercise the power of eminent domain on behalf of the Authority to acquire any property interest other than an easement, right-of-way, or temporary construction easement shall require a vote of at least 75% of all Directors. (ii) The imposition on any Party of any obligation to make contributions or pledge assets as a condition of continued participation in the CCA Program shall require a vote of at least 75% of all Directors and the approval of the governing boards of the Parties who are being asked to make such contribution or pledge. (iii) Notwithstanding the foregoing, any Director present at the meeting may demand that a vote under subsections (i) or (ii) be determined on the basis of 16 Page 8 of 14 Approved [insert date] voting shares and by the affirmative vote of Directors, and if a Director makes such a demand, then approval shall require both the affirmative vote of at least 75% of Directors present and the affirmative vote of Directors having at least 75% of the voting shares present, as determined by Section 3.7.1, but at least two Parties must vote against a matter for the vote to fail. For purposes of this section, “imposition on any Party of any obligation to make contributions or pledge assets as a condition of continued participation in the CCA Program” does not include any obligations of a withdrawing or terminated party imposed under Section 6.3. 3.8 Meetings and Special Meetings of the Board. The Board shall hold at least six regular meetings per year, but the Board may provide for the holding of regular meetings at more frequent intervals. The date, hour and place of each regular meeting shall be fixed by resolution or ordinance of the Board. Regular meetings may be adjourned to another meeting time. Special and Emergency Meetings of the Board may be called in accordance with the provisions of California Government Code Sections 54956 and 54956.5. Directors may participate in meetings telephonically, with full voting rights, only to the extent permitted by law. All meetings shall be conducted in accordance with the provisions of the Ralph M. Brown Act (California Government Code Sections 54950 et seq.). 3.9 Selection of Board Officers. 3.9.1 Chair and Vice Chair. The Directors shall select, from among themselves, a Chair, who shall be the presiding officer of all Board meetings, and a Vice Chair, who shall serve in the absence of the Chair. The term of office of the Chair and Vice Chair shall continue for one year, but there shall be no limit on the number of terms held by either the Chair or Vice Chair. The office of either the Chair or Vice Chair shall be declared vacant and a new selection shall be made if: (a) the person serving dies, resigns, or the Party that the person represents removes the person as its representative on the Board or (b) the Party that he or she represents withdraws from the Authority pursuant to the provisions of this Agreement. 3.9.2 Secretary. The Board shall appoint a Secretary, who need not be a member of the Board, who shall be responsible for keeping the minutes of all meetings of the Board and all other official records of the Authority. 3.9.3 Treasurer and Auditor. The San Mateo County Treasurer shall act as the Treasurer for the Authority. Unless otherwise exempted from such requirement, the Authority shall cause an independent audit to be made by a certified public accountant, or public accountant, in compliance with Section 6505 of the Act. The Treasurer shall act as the depository of the Authority and have custody of all the money of the Authority, from whatever source, and as such, shall have all of the duties and responsibilities specified in Section 6505.5 of the Act. The Treasurer shall report directly to the Board and shall comply with the requirements of treasurers of incorporated municipalities. The Board may transfer the responsibilities of Treasurer to any person or entity as the law may provide at the time. The duties and obligations of the Treasurer are further specified in Article 5. 17 Page 9 of 14 Approved [insert date] 3.10 Administrative Services Provider. The Board may appoint one or more administrative services providers to serve as the Authority’s agent for planning, implementing, operating and administering the CCA Program, and any other program approved by the Board, in accordance with the provisions of an Administrative Services Agreement. The appointed administrative services provider may be one of the Parties. An Administrative Services Agreement shall set forth the terms and conditions by which the appointed administrative services provider shall perform or cause to be performed all tasks necessary for planning, implementing, operating and administering the CCA Program and other approved programs. The Administrative Services Agreement shall set forth the term of the Agreement and the circumstances under which the Administrative Services Agreement may be terminated by the Authority. This section shall not in any way be construed to limit the discretion of the Authority to hire its own employees to administer the CCA Program or any other program. ARTICLE 4: IMPLEMENTATION ACTION AND AUTHORITY DOCUMENTS 4.1 Preliminary Implementation of the CCA Program. 4.1.1 Enabling Ordinance. To be eligible to participate in the CCA Program, each Party must adopt an ordinance in accordance with Public Utilities Code Section 366.2(c)(12) for the purpose of specifying that the Party intends to implement a CCA Program by and through its participation in the Authority. 4.1.2 Implementation Plan. The Authority shall cause to be prepared an Implementation Plan meeting the requirements of Public Utilities Code Section 366.2 and any applicable Public Utilities Commission regulations as soon after the Effective Date as reasonably practicable. The Implementation Plan shall not be filed with the Public Utilities Commission until it is approved by the Board in the manner provided by Section 3.7.3. 4.1.3 Termination of CCA Program. Nothing contained in this Article or this Agreement shall be construed to limit the discretion of the Authority to terminate the implementation or operation of the CCA Program at any time in accordance with any applicable requirements of state law. 4.2 Authority Documents. The Parties acknowledge and agree that the affairs of the Authority will be implemented through various documents duly adopted by the Board through Board resolution. The Parties agree to abide by and comply with the terms and conditions of all such documents that may be adopted by the Board, subject to the Parties’ right to withdraw from the Authority as described in Article 6. ARTICLE 5: FINANCIAL PROVISIONS 5.1 Fiscal Year. The Authority’s fiscal year shall be 12 months commencing July 1 or the date selected by the Agency and ending June 30. The fiscal year may be changed by Board resolution. 18 Page 10 of 14 Approved [insert date] 5.2 Depository. 5.2.1 All funds of the Authority shall be held in separate accounts in the name of the Authority and not commingled with funds of any Party or any other person or entity. 5.2.2 All funds of the Authority shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and disbursements, at least quarterly during the fiscal year. The books and records of the Authority shall be open to inspection by the Parties at all reasonable times. The Board shall contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of the Authority, which shall be conducted in accordance with the requirements of Section 6505 of the Act. 5.2.3 All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations. The Treasurer shall draw checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board. 5.3 Budget and Recovery of Costs. 5.3.1 Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time as may be reasonably necessary to address contingencies and unexpected expenses. All subsequent budgets of the Authority shall be approved by the Board in accordance with the Operating Rules and Regulations. 5.3.2 Funding of Initial Costs. The County of San Mateo has funded certain activities necessary to implement the CCA Program. If the CCA Program becomes operational, these Initial Costs paid by the County of San Mateo shall be included in the customer charges for electric services as provided by Section 5.3.3 to the extent permitted by law, and the County of San Mateo shall be reimbursed from the payment of such charges by customers of the Authority. Prior to such reimbursement, the County of San Mateo shall provide such documentation of costs paid as the Board may request. The Authority may establish a reasonable time period over which such costs are recovered. In the event that the CCA Program does not become operational, the County of San Mateo shall not be entitled to any reimbursement of the Initial Costs it has paid from the Authority or any Party. 5.3.3 CCA Program Costs. The Parties desire that all costs incurred by the Authority that are directly or indirectly attributable to the provision of electric, conservation, efficiency, incentives, financing, or other services provided under the CCA Program, including but not limited to the establishment and maintenance of various reserves and performance funds and administrative, accounting, legal, consulting, and other similar costs, shall be recovered through charges to CCA customers receiving such electric services, or from revenues from grants or other third-party sources. 19 Page 11 of 14 Approved [insert date] ARTICLE 6: WITHDRAWAL AND TERMINATION 6.1 Withdrawal. 6.1.1 Right to Withdraw. A Party may withdraw its participation in the CCA Program, effective as of the beginning of the Authority’s fiscal year, by giving no less than 6 months advance written notice of its election to do so, which notice shall be given to the Authority and each Party. Withdrawal of a Party shall require an affirmative vote of the Party’s governing board. 6.1.2 Right to Withdraw After Amendment. Notwithstanding Section 6.1.1, a Party may withdraw its membership in the Authority following an amendment to this Agreement adopted by the Board which the Party’s Director(s) voted against provided such notice is given in writing within thirty (30) days following the date of the vote. Withdrawal of a Party shall require an affirmative vote of the Party’s governing board and shall not be subject to the six month advance notice provided in Section 6.1.1. In the event of such withdrawal, the Party shall be subject to the provisions of Section 6.3. 6.1.3 The Right to Withdraw Prior to Program Launch. After receiving bids from power suppliers, the Authority must provide to the Parties the report from the electrical utility consultant retained by the Authority that compares the total estimated electrical rates that the Authority will be charging to customers as well as the estimated greenhouse gas emissions rate and the amount of estimated renewable energy used with that of the incumbent utility. If the report provides that the Authority is unable to provide total electrical rates, as part of its baseline offering, to the customers that are equal to or lower than the incumbent utility or to provide power in a manner that has a lower greenhouse gas emissions rate or uses more renewable energy than the incumbent utility, a Party may immediately withdraw its membership in the Authority without any financial obligation, as long as the Party provides written notice of its intent to withdraw to the Authority Board no more than fifteen days after receiving the report. 6.1.4 Continuing Financial Obligation; Further Assurances. Except as provided by Section 6.1.3, a Party that withdraws its participation in the CCA Program may be subject to certain continuing financial obligations, as described in Section 6.3. Each withdrawing Party and the Authority shall execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, as determined by the Board, to effectuate the orderly withdrawal of such Party from participation in the CCA Program. 6.2 Involuntary Termination of a Party. Participation of a Party in the CCA program may be terminated for material non-compliance with provisions of this Agreement or any other agreement relating to the Party’s participation in the CCA Program upon a vote of Board members as provided in Section 3.7.5. Prior to any vote to terminate participation with respect to a Party, written notice of the proposed termination and the reason(s) for such termination shall be delivered to the Party whose termination is proposed at least 30 days prior to the regular Board meeting at which such matter shall first be discussed as an agenda item. The written notice of proposed termination shall specify the particular provisions of this Agreement or other agreement that the Party has allegedly 20 Page 12 of 14 Approved [insert date] violated. The Party subject to possible termination shall have the opportunity at the next regular Board meeting to respond to any reasons and allegations that may be cited as a basis for termination prior to a vote regarding termination. A Party that has had its participation in the CCA Program terminated may be subject to certain continuing liabilities, as described in Section 6.3. 6.3 Continuing Financial Obligations; Refund. Except as provided by Section 6.1.3, upon a withdrawal or involuntary termination of a Party, the Party shall remain responsible for any claims, demands, damages, or other financial obligations arising from the Party membership or participation in the CCA Program through the date of its withdrawal or involuntary termination, it being agreed that the Party shall not be responsible for any financial obligations arising after the date of the Party’s withdrawal or involuntary termination. Claims, demands, damages, or other financial obligations for which a withdrawing or terminated Party may remain liable include, but are not limited to, losses from the resale of power contracted for by the Authority to serve the Party’s load. With respect to such financial obligations, upon notice by a Party that it wishes to withdraw from the CCA Program, the Authority shall notify the Party of the minimum waiting period under which the Party would have no costs for withdrawal if the Party agrees to stay in the CCA Program for such period. The waiting period will be set to the minimum duration such that there are no costs transferred to remaining ratepayers. If the Party elects to withdraw before the end of the minimum waiting period, the charge for exiting shall be set at a dollar amount that would offset actual costs to the remaining ratepayers, and may not include punitive charges that exceed actual costs. In addition, such Party shall also be responsible for any costs or obligations associated with the Party’s participation in any program in accordance with the provisions of any agreements relating to such program provided such costs or obligations were incurred prior to the withdrawal of the Party. The Authority may withhold funds otherwise owing to the Party or may require the Party to deposit sufficient funds with the Authority, as reasonably determined by the Authority and approved by a vote of the Board of Directors, to cover the Party’s financial obligations for the costs described above. Any amount of the Party’s funds held on deposit with the Authority above that which is required to pay any financial obligations shall be returned to the Party. The liability of any Party under this section 6.3 is subject and subordinate to the provisions of Section 2.2, and nothing in this section 6.3 shall reduce, impair, or eliminate any immunity from liability provided by Section 2.2. 6.4 Mutual Termination. This Agreement may be terminated by mutual agreement of all the Parties; provided, however, the foregoing shall not be construed as limiting the rights of a Party to withdraw its participation in the CCA Program, as described in Section 6.1. 6.5 Disposition of Property upon Termination of Authority. Upon termination of this Agreement, any surplus money or assets in possession of the Authority for use under this Agreement, after payment of all liabilities, costs, expenses, and charges incurred under this Agreement and under any program documents, shall be returned to the then-existing Parties in proportion to the contributions made by each. ARTICLE 7: MISCELLANEOUS PROVISIONS 7.1 Dispute Resolution. The Parties and the Authority shall make reasonable efforts to informally settle all disputes arising out of or in connection with this Agreement. Should such 21 Page 13 of 14 Approved [insert date] informal efforts to settle a dispute, after reasonable efforts, fail, the dispute shall be mediated in accordance with policies and procedures established by the Board. 7.2 Liability of Directors, Officers, and Employees. The Directors, officers, and employees of the Authority shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former Director, officer, or employee will be responsible for any act or omission by another Director, officer, or employee. The Authority shall defend, indemnify and hold harmless the individual current and former Directors, officers, and employees for any acts or omissions in the scope of their employment or duties in the manner provided by Government Code Sections 995 et seq. Nothing in this section shall be construed to limit the defenses available under the law, to the Parties, the Authority, or its Directors, officers, or employees. 7.3 Indemnification of Parties. The Authority shall acquire such insurance coverage as is necessary to protect the interests of the Authority, the Parties, and the public. The Authority shall defend, indemnify, and hold harmless the Parties and each of their respective Board or Council members, officers, agents and employees, from any and all claims, losses, damages, costs, injuries, and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the Authority under this Agreement. 7.4 Amendment of this Agreement. This Agreement may not be amended except by a written amendment approved by a vote of Board members as provided in Section 3.7.5. The Authority shall provide written notice to all Parties of amendments to this Agreement, including the effective date of such amendments, at least 30 days prior to the date upon which the Board votes on such amendments. 7.5 Assignment. Except as otherwise expressly provided in this Agreement, the rights and duties of the Parties may not be assigned or delegated without the advance written consent of all of the other Parties, and any attempt to assign or delegate such rights or duties in contravention of this Section 7.5 shall be null and void. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Parties. This Section 7.5 does not prohibit a Party from entering into an independent agreement with another agency, person, or entity regarding the financing of that Party’s contributions to the Authority, or the disposition of proceeds which that Party receives under this Agreement, so long as such independent agreement does not affect, or purport to affect, the rights and duties of the Authority or the Parties under this Agreement. 7.6 Severability. If one or more clauses, sentences, paragraphs or provisions of this Agreement shall be held to be unlawful, invalid or unenforceable, it is hereby agreed by the Parties, that the remainder of the Agreement shall not be affected thereby. Such clauses, sentences, paragraphs or provision shall be deemed reformed so as to be lawful, valid and enforced to the maximum extent possible. 7.7 Further Assurances. Each Party agrees to execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, to effectuate the purposes and intent of this Agreement. 7.8 Execution by Counterparts. This Agreement may be executed in any number of 22 Page 14 of 14 Approved [insert date] counterparts, and upon execution by all Parties, each executed counterpart shall have the same force and effect as an original instrument and as if all Parties had signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon, and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or more signature pages. 7.9 Parties to be Served Notice. Any notice authorized or required to be given pursuant to this Agreement shall be validly given if served in writing either personally, by deposit in the United States mail, first class postage prepaid with return receipt requested, or by a recognized courier service. Notices given (a) personally or by courier service shall be conclusively deemed received at the time of delivery and receipt and (b) by mail shall be conclusively deemed given 48 hours after the deposit thereof (excluding Saturdays, Sundays and holidays) if the sender receives the return receipt. All notices shall be addressed to the office of the clerk or secretary of the Authority or Party, as the case may be, or such other person designated in writing by the Authority or Party. Notices given to one Party shall be copied to all other Parties. Notices given to the Authority shall be copied to all Parties. 23 Approved [insert date] Exhibit A Definitions “Act” means the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) “Administrative Services Agreement” means an agreement or agreements entered into after the Effective Date by the Authority with an entity that will perform tasks necessary for planning, implementing, operating and administering the CCA Program or any other energy programs adopted by the Authority. “Agreement” means this Joint Powers Agreement. “Annual Energy Use” has the meaning given in Section 3.7.1. “Authority” means the Peninsula Clean Energy Authority. “Authority Document(s)” means document(s) duly adopted by the Board by resolution or motion implementing the powers, functions, and activities of the Authority, including but not limited to the Operating Rules and Regulations, the annual budget, and plans and policies. “Board” means the Board of Directors of the Authority. “CCA” or “Community Choice Aggregation” means an electric service option available to cities and counties pursuant to Public Utilities Code Section 366.2. “CCA Program” means the Authority’s program relating to CCA that is principally described in Sections 2.3, 2.4, and 4.1. “Director” means a member of the Board of Directors representing a Party. “Effective Date” means February 29, 2016 or when the County of San Mateo and at least two municipalities execute this Agreement, whichever occurs later, as further described in Section 2.1. “Implementation Plan” means the plan generally described in Section 4.1.2 of this Agreement that is required under Public Utilities Code Section 366.2 to be filed with the California Public Utilities Commission for the purpose of describing a proposed CCA Program. “Initial Costs” means all costs incurred by the County and/or Authority relating to the establishment and initial operation of the Authority, such as the hiring of a Chief Executive Officer and any administrative staff, and any required accounting, administrative, technical, or legal services in support of the Authority’s initial activities or in support of the negotiation, preparation, and approval of one or more Administrative Services Agreements. 24 Approved [insert date] Exhibit A (cont.) Definitions “Operating Rules and Regulations” means the rules, regulations, policies, bylaws and procedures governing the operation of the Authority. “Parties” means, collectively, any municipality within the County of San Mateo which executes this Agreement. “Party” means a signatory to this Agreement. “Total Annual Energy” has the meaning given in Section 3.7.1. 25 Approved [insert date] Exhibit B List of Parties Parties: County of San Mateo 26 Approved [insert date] Exhibits C and D Annual Energy Use and Voting Shares ANNUAL ENERGY USE WITHIN PCE JURISDICTIONS AND VOTING SHARES Twelve Months Ended November [date] Party Total kWh Voting Share SAN MATEO COUNTY Total 100 27 ATTACHMENT 4 COMMUNICATION RECEIVED 28 San Mateo Community Choice 1473 Sixth Ave, Belmont, CA 94002 sanmateocommunitychoice@gmail.com SanMateoCommunityChoice.org 1/25/2016 Re: Please adopt Peninsula Clean Energy Board Jan Butts Dr. Sue Chow Dr. Michael Closson Janet Creech Gladwyn D’Souza Anja Miller Mike Ferreira Dave Clark Kirsten Schwind Omar Abi-Chahine Tara Shahrvini Ellen Wilkinson Jacky Lee City of South San Francisco City Council, c/o City Clerk 33 Arroyo Drive, South San Francisco, CA, 94080 Dear South San Francisco City Council, On 1/27/16 you will have the opportunity to dramatically reduce Greenhouse Gas emissions in keeping with your Climate Action Plan by deciding to proceed with Peninsula Clean Energy for your city. Joining Peninsula Clean Energy (PCE) is the single most powerful action the city can take to reduce Greenhouse Gas Emissions (GHG) and meet state mandated Climate Action goals, according to a recent report from the Sierra Club. And it is the right thing to do … for your citizens and for the planet. With your vote to join PCE, you can be proud that your city has personally contributed to a vast reduction in GHG emissions, provided consumers with meaningful choices versus dictated services controlled by an unresponsive monopoly, initiated an innovative, non- profit, community-enhancing, organization that offers residents and businesses the opportunity to save money, promote local “green” economic development and jobs, and invest in a path to build community assets and resilience in the event of regional failure of the energy grids. Please decide in favor of Peninsula Clean Energy at the 1/27/16 Council meeting’s study session. Sincerely, Gladwyn d’Souza Spokesperson, San Mateo Community Choice 29 Loma Prieta Chapter of the Sierra Club - 3921 East Bayshore Road #240, Palo Alto, CA 94303 - 650-390-8411 www.lomaprieta.sierraclub.org Loma Prieta Chapter serving San Mateo, Santa Clara & San Benito Counties January 25, 2016 South San Francisco City Council c/o City Clerk 400 Grand Ave., South San Francisco, CA 94080 Re: Please vote in Favor of Peninsula Clean Energy at Tomorrow's Council Meeting Honorable Mayor and City Council: The Sierra Club strongly supports the formation of a countywide Community Choice Energy Joint Powers Authority in San Mateo County. We applaud the supportive role that the Board of Supervisors has taken by underwriting the initial expense and by forming the Advisory Committee in order to garner thorough input and outreach. The CCEs formed in Marin and Sonoma Counties are examples of successful CCEs that have provided significant benefits to their communities. A CCE that is dedicated to renewable energy sources is a winner on all counts:  It creates more jobs than fossil-fuel sources.  It will help your city achieve its Climate Action Goals.  It can deliver electricity at competitive or lower prices that PG&E according to the study that the county commissioned.  It doesn’t burden the city with any long term expenses or funding requirements.  It empowers every customer to reduce their carbon footprint without having to change behavior or spend additional money.  It provides customers with choice.  It will reduce greenhouse gas emissions.  It will improve air quality since there are no pollutants associated with renewable energy sources.  It will enhance the economics of distributed energy for a more secure local economy. 30 Loma Prieta Chapter of the Sierra Club - 3921 East Bayshore Road #240, Palo Alto, CA 94303 - 650-390-8411 www.lomaprieta.sierraclub.org Peninsula Clean Energy will help all residents whether they are renters, homeowners, or businesses. It will even help those who currently have solar now and those who want to install solar in the future. It's the right step for the city of South San Francisco. We appreciate your continued support of CCEs and other initiatives to reduce and eventually eliminate greenhouse gas emissions. Respectfully submitted, Dr. Sue Chow Co-chair, Climate Action Leadership Team Sierra Club Loma Prieta Chapter 650-454-0259 CC: City Clerk Mike Ferreira, Chair, Sierra Club Loma Prieta Chapter Barbara Kelsey, Office Manager, Sierra Club Loma Prieta Chapter 31 OFFICE OF THE CITY COUNCIL CITY OF DALY CITY 333 – 90TH STREET DALY CITY, CA 94015-1895 February 1, 2016 Honorable Mayor and City Council c/o City Clerk Krista Martinelli 400 Grand Avenue South San Francisco, CA 94080 Re: Please vote in Favor of Peninsula Clean Energy at Wednesday’s Council Meeting Dear Honorable Mayor and City Council Members: The City of Daly City supports the formation of the countywide Community Choice Energy (CCE) Joint Powers Authority (JPA), Peninsula Clean Energy, in San Mateo County. Our City Council voted unanimously to join Peninsula Clean Energy on Monday, January 25, 2016. Now, Peninsula Clean Energy will play a major role in accomplishing the goals of Daly City’s Climate Action Plan. In fact, CCE represents one of the most impactful options currently available to jurisdictions to rapidly reduce greenhouse gas emissions and further implement their Climate Action Plans. In order to make this collaborative effort a success, we need your support. South San Francisco is the second largest consumer of electricity in the entire County, making your City’s participation in Peninsula Clean Energy particularly important. Peninsula Clean Energy would offer energy customers—both residents and businesses—competitive choices and opportunities for greener energy as well as support for our local economy. It will also provide greater local control over our shared energy future. Operational CCE programs in the State, including Marin Clean Energy, Sonoma Clean Power and Lancaster Community Choice, have proven that CCEs provide significant benefits to their communities. I strongly urge you to join the Peninsula Clean Energy Joint Powers Authority at your City Council meeting on Wednesday, February 3, 2016. Sincerely, Michael P. Guingona Councilmember CITY COUNCIL RAYMOND A. BUENAVENTURA DAVID J. CANEPA JUDITH A. CHRISTENSEN MICHAEL P. GUINGONA SAL TORRES ________ PATRICIA E. MARTEL CITY MANAGER K. ANNETTE HIPONA CITY CLERK DANECA M. HALVORSON CITY TREASURER PHONE (650) 991-8008 32 ATTACHMENT 5 POWERPOINT PRESENTATION 33 City Council Hearing February 10, 2016 34 35 Peninsula Clean Energy: provides energy procurement + generation PG&E: delivers energy, maintains infrastructure, customer service, billing Customer experience is the same No duplication of charges 36 Consumer choice ◦Join Peninsula Clean Energy ◦Stay with PG&E Competitive rates Environmental benefits Energy efficiency programs 37 Program Year Established Average Monthly Savings Marin Clean Energy 2010 $1.48 / month Sonoma Clean Power 2015 $7.23 / month Lancaster Choice Energy 2015 $2.10 / month 38 Join Peninsula Clean Energy Stay with PG&E Cost Savings 5% Savings - Renewable Energy 50% 27% Greenhouse Gas Reduction 10,860 Metric Tons - 39 Market risks Operational risk Political / Regulatory Risks 40 Introduce an ordinance authorizing theimplementation of a Community ChoiceAggregation program within the City,and waive further reading; and Adopt a resolution approving theexecution of a Joint Powers Agreementto Establish the Peninsula Clean EnergyAuthority within the City and appointinga City Director and Alternate Director torepresent the City. 41 ATTACHMENT 6 COMMUNITY MEETING NOTES 42 43 Following is a summary of questions and comments from the February 3, 2016 Community Workshop on Peninsula Clean Energy, and input from emails received. • Will tonight’s presentation be available online? • Sonoma clean energy customer - has had a good experience. • This is a good first step - provides an option, a little savings, better treatment of environment. • Provide more detail about labor requirements for the Peninsula Clean Energy Program. • The City of Palo Alto has a public utility, lower rates, and higher renewable mix because it is a municipal utility. • How are Peninsula Clean Energy’s policies set? • Residents can opt out at any time, so they could choose to go back to PG&E any time. Could Peninsula Clean Energy go out of business if enough customers went back to PG&E, if PG&E offered better rates? • Questions about issues of liability, cost, how easily you can opt out? • How will solar programs work as part of Peninsula Clean Energy? What about Net Energy Metering? • A family member has experienced higher rates with Sonoma Clean Power, the monthly bill has gone up • Will Peninsula Clean Energy be a private company? • Will there be a reduced rate for Electric Vehicles (similar to PG&E)? • 15 years ago, there was a similar program considered in SSF, the City did not enter. There was then a major problem with the power supply grid. • 5% is not a whole lot of savings, it should be cheaper. • Devil I know, vs. devil I don't know • What is PG&E's real position on this program? • We should explore alternatives • Will there be rental fees for the use of PG&E's infrastructure? • Can we consider a municipal program like Palo Alto? • Look at successful municipal programs. • Can you guarantee that every customer will have a lower bill? • How easy will it be to access information about energy rates? • In favor of cautious optimism, and want to lower GHGs. • Who decides what happens with solar panels? 44 • Concern about scaling - is there research to indicate that energy exists to serve San Mateo County? • If South San Francisco joins Peninsula Clean Energy, would customers have to opt out? • Chicago example - Community Choice Aggregation program was not successful, people ended up laying more and the program folded. • Other program examples were not successful (102 / 725 programs were not successful). • Are alternative energy sources regulated in Community Choice Aggregation programs? • Are energy sources local to California? • We would lose a tax advantage if energy was purchased from another state. • What is the projected yearly overhead cost for JPA staff and consultants? • How does the exit fee work? • Costs are going to go down for solar and wind, and Peninsula Clean Energy will provide energy incentives, so we will use less energy overall. It is a win-win. • Where are the solar panels made? • Will union labor be used for energy projects under Peninsula Clean Energy? • Need to consider cost to build infrastructure, lease property, etc. • What jobs are going to be created through Peninsula Clean Energy? • League of Women Voters – we have looked at climate change, and this is an effective way to cut carbon emissions and help with climate change. The JPA sets up opportunity for citizens to comment, and we will have a place to go and speak at the Board of Directors. Peninsula Clean Energy is worth a try, it won't cost any more money than PG&E. • Will there be an opt-out fee from Peninsula Clean Energy? • Digital meters from PG&E - they said you could opt out, but then customers were charged a higher rate. • What is the County's interest in the Peninsula Clean Energy program? • People will forget to opt out, and will get hit with a fee in the future. • Why can't PG&E compete on the same level as Community Choice Aggregation programs (in terms of fee and energy mix)? • What prevents PG&E from retaliation against customers who exit from PG&E? • If electricity generation rates go down, will the bill go down? • If rates are lower next year, will electricity bills go down again? • Will PG&E be charging any more for transmission and repair? 45 • If customers opt-out from Peninsula Clean Energy and have to pay a fee, will that be a one-time fee, or a monthly fee? • We have to reduce carbon emissions somehow, and lower our carbon footprint. • What will the renewable content be for Peninsula Clean Energy? • Encourage City Council to vote for this. • What are the opt-out rates for the existing programs? • Who will be on the Board for Peninsula Clean Energy? • I like having choice. • We are at a critical point in time - we need to lower our carbon footprint. • How can you actually tell us the rates are going to be lower? • Why is it an opt-out program? • South San Francisco residents should vote if we join Peninsula Clean Energy. • There will be no loss of jobs, and most likely there will be more jobs. This is a net win at every level. • Climate change - we need to think about what causes it, there are big industries that burn fossil fuels. • We could be installing more solar panels and having local jobs instead of burning fossil fuels. • What has PG&E guaranteed us? • What is the best way forward - more fossil fuels, or clean energy? Cost of solar is diminishing quickly. Let's move forward - think about the future, build a healthier planet for the future. • Do more community forums and spread the knowledge about Peninsula Clean Energy. • Ratepayers - money goes to funding PG&E energy efficiency programs - are these affected at all? • Experience with Xoom Energy – provided better deal than PG&E for gas, and better customer service. Will there be follow-up on rates from Peninsula Clean Energy? • Once you opt out, and go back to PG&E, can you change your mind and opt back in to Peninsula Clean Energy? • Very much in favor of going to a public energy solution. • Will Peninsula Clean Energy be involved in gas transmission? • How many jobs could be created by Peninsula Clean Energy program? • At what percentage of people opting out of program would the program no longer work? 46 • If something goes wrong and too many people opt out - would the County and taxpayer pay for it? • How long will the initial start-up take? • What are the gains for businesses from the Peninsula Clean Energy program? • We have a new 1/2 cent sales tax in South San Francisco - will that be part of the rate structure for the ratepayers? • Will we pay additional delivery charges for PG&E infrastructure? • We are already doing our share for the environment - other countries are much bigger polluters than we are. • Please vote no, I feel that where I purchase my utilities is personal right. • This was tried before and failed. At what expense to the community? • It is not a choice if I am moved and then I have to request to go back to the PG&E. • Rates are not regulated. • No guarantee of local jobs in South San Francisco. • Other states have tried this and gone back to the legacy company. • The lure of estimated savings is a concern. With no guarantee, except to attend a board hearing regarding rates. • Our City and County Government should focus on our housing, roads, water, safety and education concerns in South San Francisco and San Mateo County. Not where I purchase my electric power. • It is my choice to reduce my footprint in private. Instead of being forced. • I would like to express my support for South San Francisco joining the PCE program. • We are in favor of Peninsula Clean Energy, we are sending our vote to join this new partnership. Staff Report DATE: February 10, 2016 TO: Mayor, Vice Mayor, and Councilmembers FROM: Alex Greenwood, Director of Economic and Community Development SUBJECT: A JOINT MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO CONSIDER A CONDITIONAL USE PERMIT AND DESIGN REVIEW TO CONSTRUCT TWO NEW RESIDENTIAL BUILDINGS WITH A TOTAL OF 260 UNITS AT 309, 315, 401-421 AIRPORT BOULEVARD, A PRIVATE RESIDENTIAL PARKING LOT AT 405 CYPRESS AVENUE, AND 12 TOWNHOME UNITS AT 216 MILLER AVENUE; REQUEST FOR MODIFICATION TO PRIVATE STORAGE AND BUILDING HEIGHT ZONING STANDARDS; REQUEST FOR A PARKING REDUCTION TO REDUCE PROVIDED PARKING BY 25% TO ACCOMMODATE A PORTION OF COMPACT PARKING SPACES DESIGNED FOR THE PROJECT; AND CONSIDERATION OF AN ENVIRONMENTAL CONSISTENCY ANALYSIS, A PURCHASE AND SALE AGREEMENT, A DEVELOPMENT AGREEMENT AND A DETERMINATION THAT THE PROJECT COMPLIES WITH CEQA. PARCELS ARE LOCATED IN THE DOWNTOWN TRANSIT CORE (DTC) AND GRAND AVENUE CORE (GAC) ZONING DISTRICTS AND THE CONDITIONAL USE PERMIT, DESIGN REVIEW, WAIVER AND MODIFICATION, PARKING REDUCTION REQUESTS AND DEVELOPMENT AGREEMENT ARE IN ACCORDANCE WITH SSFMC CHAPTERS 20.280, 20.330, 20.480, 20.490, 20.510 & 19.60 RECOMMENDATION It is recommended that the City Council and the Successor Agency: 1.Make findings and adopt a resolution approving the Environmental Consistency Analysis for the project and making a determination that the project complies with CEQA. It is recommended that the City Council: 1.Adopt a Resolution making findings to approve the entitlements UP15-0027, DR15- 0032, WM15-0001, PE15-0004 based on the attached draft findings and subject to the attached draft conditions of approval. STAFF REPORT SUBJECT: FORD PROPERTIES RESIDENTIAL DEVELOPMENT DATE: February 10, 2016 Page 2 of 16 2. Introduce an Ordinance and waive reading to approve a Development Agreement (DA 15-0003) with Miller Cypress SSF, LLC for the development of four downtown area sites. It is recommended that the Successor Agency: 1. Adopt a Resolution approving the Purchase and Sale Agreement with Miller Cypress SSF, LLC for the acquisition and development of two downtown area sites. BACKGROUND The $140 million project consists of seven separate lots, totaling 101,980 square feet and approximately 2.34 acres. No City funds have been provided to finance the development. There is approximately $300 million in public and private investment occurring Downtown. The various projects include 500 units of new infill housing, both market rate and affordable along, with the $55 Million in funding for the Caltrain Plaza. This cornerstone project under consideration is the largest and reflects nearly half of the aforementioned investment. The project also reflects the good faith efforts and ongoing negotiations between the Successor Agency and the developer that have been occurring since the execution of the Exclusive Negotiating Rights Agreement (“ENRA”) in September 2014. Impacts of the proposed development include: • 260 units of market rate multi-family rental housing and 12 for-sale townhomes (of which two are affordable units) revitalizing four non-contiguous, underutilized Downtown properties. • Generating $140 Million in private reinvestment. • Generating approximately $234,000 in annual property taxes. The properties that were originally acquired by the South San Francisco Redevelopment Agency (“Redevelopment Agency”) and the City include the former Ford dealership properties at 315, 401-421 Airport Boulevard, and 405 Cypress Avenue. Additionally, a private parking lot at 216 Miller Avenue was acquired. The properties were assembled by the Redevelopment Agency to facilitate a major transit oriented development in the Downtown for a City-selected commercial or residential developer. Upon the dissolution of redevelopment agencies by the State of California, the City transferred the properties to the South San Francisco Successor Agency (“Successor Agency”). The Successor Agency was then required to develop a Long Range Property Management Plan (“LRPMP”) that governs the disposition and use of all former redevelopment agency properties. The LRPMP calls for the subject sites to be retained by the City for future development; the LRPMP has been approved by both the Oversight Board and the California Department of Finance (“DOF”). The properties are now owned by the Successor Agency to the City. STAFF REPORT SUBJECT: FORD PROPERTIES RESIDENTIAL DEVELOPMENT DATE: February 10, 2016 Page 3 of 16 The Successor Agency has previously authorized an Exclusive Negotiating Rights Agreement (“ENRA”) with the Sares Regis Group to allow time to prepare a Purchase and Sale Agreement (“PSA”) to acquire the properties and a Development Agreement (“DA) for development of the 315, 401-421 Airport Boulevard, 405 Cypress Avenue, and 216 Miller Avenue properties. The property at 309 Airport Avenue was separately acquired by the Sares Regis Group. ENVIRONMENTAL DETERMINATION The California Environmental Quality Act (CEQA) allows for limited environmental review of subsequent projects under a program Environmental Impact Report. (EIR) (CEQA Guidelines section 15168.) Subsequent activities in a proposed project must be examined in the light of the program EIR to determine whether an additional environmental document must be prepared. The CEQA Guidelines require agencies to use checklists or similar mechanisms to conduct this analysis. The Environmental Consistency Analysis (ECA) attached as Attachment 1A satisfies the CEQA Guidelines. Under the ECA, the City of South San Francisco (City) uses a written checklist to evaluate the site and the activity to determine whether the environmental effects of the proposed project were sufficiently analyzed under the Downtown Station Area Specific Plan (DSASP) program EIR. (CEQA Guidelines section 15168(c)(4).) On January 28, 2015, a program EIR was certified by the City Council. (Final Environmental Impact Report for the South San Francisco Downtown Station Area Specific Plan (DSASP), State Clearinghouse #2013102001.) The program EIR assessed the potential environmental impacts resulting from implementation of the DSASP. The DSASP established new land use, development, and urban design regulations for the area for a 20-year planning period. The ECA was prepared to consider whether any new environmental effects not identified in the DSASP program EIR might be created by construction and operation of the Sares-Regis Ford Properties Redevelopment project and concludes that all environmental effects were previously analyzed and no additional environmental review is required. The analysis established: 1. The proposed project is in compliance with all applicable DSASP regulations, and as a result, would not create any additional environmental impacts in excess of those addressed by the DSASP program EIR and Statement of Overriding Considerations; 2. The DSASP program EIR MMRP applies to the project and requires the project to comply with all applicable mitigations. 3. Some applicable mitigations and regulations required the following further analysis: a. Air Quality: A Health Risk Assessment was required and confirmed that construction related and temporary air quality impacts, and future resident exposure would be below applicable thresholds with mitigation measures as identified in the DSASP program EIR; STAFF REPORT SUBJECT: FORD PROPERTIES RESIDENTIAL DEVELOPMENT DATE: February 10, 2016 Page 4 of 16 b. Biological Resources: Compliance with tree removal regulations related to nesting season, as required by the California Fish and Game Code and Tree Preservation Ordinance; c. Cultural Resources: The City required the applicant to prepare a Historic Resources Assessment (Attachment 1, Exhibit A), The Historic Resources Assessment confirmed that the subject buildings within the project area were not historic or eligible for historic status and did not meet applicable thresholds. In addition, an Updated Historic Evaluation of the Bertolucci’s Building was conducted by Archaeological Resource Management, which analyzed the nearby Bertolucci’s restaurant building and concludes that the proposed project would not result in any significant impacts to the Bertolucci’s building under the CEQA guidelines. d. Greenhouse Gas Emissions: A condition of approval to require conformance with the Climate Action Plan; e. Noise: A Noise Study was required and confirmed that residential exposure was below applicable thresholds by utilizing window controls, mechanical ventilation, and appropriate sealing; f. Transportation/Traffic: A traffic analysis was required and confirmed that certain intersections would potentially be impacted by the project and would require improvements per the mitigations identified in the DSASP program EIR; 4. Focused analysis of the project resulted in additional recommendations for the project, including: a. Installing a plaque commemorating the history of Fred J. Lautze and the Ford Dealership’s original 1925 structure at 315 Airport Boulevard, which although not historic, represents a unique history for South San Francisco; and b. That the City and/or the applicant take actions to highlight the Bertolucci’s sign, either by placing appropriate signage for Bertolucci’s on the new building or incorporating some other element into the new project that would acknowledge the visibility of the sign. The ECA and supplemental reports are included for reference as Attachment 1, Exhibit A. A copy of the MMRP is also attached and a Condition of Approval requiring that the project comply with all applicable Mitigation Measures identified in the MMRP and through the ECA has been included. The Conditions of Approval and requirements that the project comply with existing MMRP mitigation measures does not constitute implementing new mitigation. Therefore, pursuant to CEQA Guidelines section 15168 (c)(2) the project remains consistent STAFF REPORT SUBJECT: FORD PROPERTIES RESIDENTIAL DEVELOPMENT DATE: February 10, 2016 Page 5 of 16 with the analysis of the DSASP program EIR and no additional environmental review is required. A joint City Council/Successor Agency Resolution making findings and approving the ECA and making a determination that the project complies with CEQA is attached as Attachment 1. ENTITLEMENT DISCUSSION Project Overview The project site is in the western portion of the DSASP area. The immediate vicinity includes the nearby South San Francisco Caltrain station, US-101, Airport Boulevard and a mixture of low-density mixed-use and commercial development along Airport Boulevard, Grand Avenue, and Miller Avenue. As shown in the image below, the proposed project is split among four locations and located at the intersection of Airport Boulevard, Miller and Cypress Avenues (Parcels A, D), and 216 Miller Avenue (Parcel C). Figure 1 - Project Aerial The project sites include a vacant, two-story Ford Vehicle dealership building; a vacant, two- story 21-room Single-Room Occupancy Hotel; and two private surface parking lots that are unavailable to the public. STAFF REPORT SUBJECT: FORD PROPERTIES RESIDENTIAL DEVELOPMENT DATE: February 10, 2016 Page 6 of 16 The applicant proposes the development of 272 units in two phases over 2.34 acres. Phase 1 at Parcels A and D includes the redevelopment of the property containing the former Ford Vehicle dealership and supporting buildings, as well as an acquired single-room occupancy hotel. The two residential apartment buildings proposed to be built on the sites will be seven stories in height. Each building will have five residential stories over two garage levels. The building at Parcel A (401-421 Airport Boulevard) will have 160 apartment homes and the building at Parcel D (309/315 Airport Boulevard) will have 100 apartment homes. The vacant Parcel B at 405 Cypress Avenue will be converted into a private residential parking lot to support the apartment community. Phase 2 of the project will develop the vacant Parcel C (216 Miller) into twelve (12) for-sale townhomes. This phase of the project will require a separate and future subdivision map and affordable housing agreement review before the Planning Commission and City Council. For the purposes of this application, the site plan, floor plan, and elevations for Parcel C are only being considered. The applicant proposes approximately 342 supporting vehicle parking spaces, 26 short-term bicycle parking spaces, and 73 secure bike rack spaces. A portion of the vehicle parking spaces are proposed to be compact, measuring 8’-6” by 16’ instead of the standard 8’-6” by 18’; the applicant has requested a Parking Reduction to reduce the number of required parking spaces by 25% to allow for the compact space design, which is not a recognized dimension in the Zoning Ordinance. Additionally, the project includes: • 15,259 sq. ft. of courtyard space; • 802 sq. ft. of rooftop decking; • 5,510 sq. ft. in private apartment decks; • A club/fitness room, measuring nearly 5,200 sq. ft. and • A lounge area of 1,000 sq. ft. The sidewalks will be replaced along the project site perimeter to meet the minimum sidewalk standards set forth in the DSASP and pedestrian improvements include bulb out extensions at all four corners of the intersection at Miller Avenue and Cypress Avenue. Some on-site trees will remain, as possible, and the landscaping plan proposes over forty new street trees and additional landscaping. Sidewalk amenities would also include new street and pedestrian lighting, landscaping, public bicycle racks and sidewalk corner treatments (e.g., crossing ramps) that would comply with City and Americans with Disabilities Act (ADA) requirements. A new storm drain system is also proposed on Miller Avenue to manage new runoff. A more detailed description of the proposed architecture, parking, and landscaping are included in the Planning Commission staff report, dated January 21, 2016 (Attachment 3). STAFF REPORT SUBJECT: FORD PROPERTIES RESIDENTIAL DEVELOPMENT DATE: February 10, 2016 Page 7 of 16 Figure 2 – Parcels A, C, & D Rendering View from Cypress Avenue ZONING CONSISTENCY Downtown Station Area Specific Plan In February, 2015, the City Council adopted the Downtown Station Area Specific Plan (“DSASP”), as well as amendments to the City’s Zoning Ordinance, adding Chapter 20.280 “Downtown Station Area Specific Plan District” to implement the policies and goals in the DSASP. The DSASP covers properties within 0.5 miles of the City’s Caltrain Station, which includes the subject property. The General Plan amendments created separate land use designations consistent with the DSASP. Upon construction, the proposed project will be a high-density residential development that fulfills all of the principles of the DSASP. The project will revitalize a defunct and vacant set of buildings; add a robust population of new downtown residents or space for existing residents to relocate; provide a mixture of studio, one, two and three bedroom apartments, and for-sale townhomes; focus investment at the core of Downtown and make improvements within the Pedestrian Priority Zone; and centralize new development close to the Caltrain commuter station. General Development Standards The DSASP zoning district also includes a variety of general development standards and supplemental regulations that would be applicable to the proposed project. Subject to approval of the Parking Reduction and Waiver and Modification requests, as discussed below, the project would comply with all of the applicable standards. As reference, an attachment is included verifying the zoning standards (Attachment 5). STAFF REPORT SUBJECT: FORD PROPERTIES RESIDENTIAL DEVELOPMENT DATE: February 10, 2016 Page 8 of 16 One standard that should be clarified is the density calculation, since Parcel D is made of two lots with separate zoning districts (both DTC and GAC). A total of 274 units are permitted under the blended density of the parcels that are zoned DTC (260 units) and 309 Airport Boulevard (14 units), which is zoned GAC, and the project is therefore consistent with the density standards allowed with approval of a community benefits package. Parking Reduction Request The total parking required for the proposed project would be a minimum of 337 spaces and a maximum of 428 spaces. The applicant is proposing to provide a total of 342 spaces within the structured garages on Parcels A and D, the surface parking lot at Parcel B, and within the private townhome garages at Parcel C. Although the total number of spaces exceeds the minimum number of spaces required by the Zoning Ordinance, a portion of these spaces has been designed to be tandem spaces shared by a single unit, or the spaces are compact; neither of these designs is allowed by the Zoning Ordinance. In order to allow the substandard parking spaces, the applicant has requested a Parking Reduction to reduce the overall parking demand by 25%, which accounts for these spaces (approximately 21% as proposed). Unique to this request, the number of available parking spaces on-site will be 342 spaces, but the smaller compact and tandem spaces cannot be counted towards the overall total. Despite the unconventional parking design that is not recognized by the City’s Zoning Ordinance, the applicant has designed for slightly more than the minimum required parking for the project and will be actively managing and assigning the parking on-site to ensure appropriate use. Staff recommends that the Parking Reduction be considered for approval given the balance required between on-site parking and desire for new units within walking distance of the Caltrain commuter station. Rather than seeking a parking reduction to simply not provide all required parking spaces, the applicant has designed this project based on their experience with other developments and will provide an appropriate number of standard and compact spaces on-site. Required findings are included in the Entitlements Resolution attached as Attachment 2 and a full analysis is included as part of the Planning Commission staff report, dated January 21, 2016 and attached as Attachment 5. Waivers and Modification Request The Waivers and Modifications process requires that the City make certain findings: 1. The waiver or modification is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance; STAFF REPORT SUBJECT: FORD PROPERTIES RESIDENTIAL DEVELOPMENT DATE: February 10, 2016 Page 9 of 16 2. There are no alternatives to the requested waiver or modification that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public; and 3. The granting of the requested waiver or modification would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this title. Required findings are included in the Entitlements Resolution and a full analysis is included as part of the Planning Commission staff report, dated January 21, 2016 and attached. Community Benefits The DSASP zoning district includes an “Increased Density and FAR Incentive Program,” which permits an increase to the maximum density and FAR permitted for a building with the approval of a Conditional Use Permit, if the public benefits that are included as part of a development project demonstrate a positive contribution that is above and beyond the minimum required impact fees and other requirements of the particular project. To allow the increased density and increased FAR, the applicant is proposing the items below as public benefits. The Development Agreement recognizes a few of the items as public benefits for purposes of obtaining the increase density and increased FAR. The total cost impact of the proposed items is $5,713,000: • Payment of $2,720,000 to the Parks and Recreation Department ($10,000/unit) to support recreation facilities and new parks; • Payment of $500,000 contribution to the City for plaza/pedestrian connection improvements; • Streetscape improvements on the east side of Cypress Avenue, along Miller Avenue between Airport Blvd. and Cypress Avenue, and along Lux Avenue adjacent to the project ($1,278,000 including utility lines as detailed below); • Undergrounding utility lines on the east side of Cypress Avenue adjacent to the project, on Miller Avenue between Cypress Avenue and Airport Boulevard; • Installation of utilities to be dedicated to the City for a water line and storm drain on Miller Avenue ($300,000); • LEED rated community with energy efficiency of more than 10% above CA 2013 Title 24 requirements ($500,000); • Pedestrian lighting along Airport Avenue in addition to the City required street lighting; • Mitigate environmental contamination of properties for residential development ($340,000); • Provide upgraded construction fencing during construction ($50,000); and • Public Art commitment of $25,000 at the Miller Avenue and Cypress Avenue corner or other suitable area. STAFF REPORT SUBJECT: FORD PROPERTIES RESIDENTIAL DEVELOPMENT DATE: February 10, 2016 Page 10 of 16 The applicant has provided a “Vacant Ford Property Application Proposed Community Benefits” memorandum (Attachment 6) that describes the items proposed as public benefits to allow the additional density. As stated above, some of these proposed items are identified as public benefits within the Development Agreement. The proposed public benefits require approval by the City Council, who exercises discretionary authority over the project. City staff has reviewed the proposed public benefits and believes that they are sufficient. The applicant indicates that the density bonus will provide up to 45 additional units, reflecting a potential profit of $25,000 per unit for a total of $1,125,000. While that profit estimate may be low, assigning a benefit of as high as $100,000 per unit still provides a profit of $4,500,000 which is lower than the committed public benefit costs. Staff supports the proposed Use Permit to allow increased density and FAR for the project because the proposed public benefits and requested development incentives are suitable to the site and to adjacent uses and structures, the proposed public benefits are consistent with the accepted list of public benefits, and reflect a fair investment and benefit to the applicant and to the City. In addition, while not part of the public benefits associated with the increased density, the proposed project proposes to pay area standard wages, which is consistent with the permissive policy: • DSASP Land Use Strategy LU-1: Encourage the use of local workforce and local business sourcing for development in the plan area that generates quality construction and service jobs with career pathways, that provides job training opportunities for the local workforce, and that pays area standard wages for construction so that money in wages and materials used in the construction of these developments is invested in the local economy. PLANNING COMMISSION DISCUSSION The Planning Commission reviewed this project at their public hearing on January 21, 2016 and expressed support for the project design. They suggested two major items for the applicant’s contemplation: 1. Consider adding below market rate residential units to the rental project located on Parcels A and D; and 2. Engage with the owner/operator of Bertolucci’s Restaurant to investigate a possible agreement related to the visibility of the restaurant sign. The Planning Commission recommended that the City Council approve the Development Agreement, the requested entitlements and the Environmental Consistency Analysis. STAFF REPORT SUBJECT: FORD PROPERTIES RESIDENTIAL DEVELOPMENT DATE: February 10, 2016 Page 11 of 16 GENERAL PLAN CONSISTENCY The General Plan Land Use Designation for the site is Downtown Transit Core and Grand Avenue Core. The General Plan includes specific policies related to development within the Downtown, in an effort to “encourage development of Downtown as a pedestrian-friendly mixed-use activity center with retail and visitor-oriented uses, business and personal services, government and professional offices, civic uses, and a variety of residential types and densities.” The General Plan Downtown Sub-Area includes the following guiding policies in relation to the Downtown: • Guiding Policy 3.1-G-1: Promote Downtown’s vitality and economic well-being, and its presence as the city’s center; • Guiding Policy 3.1.-G-2: Encourage development of Downtown as a pedestrian-friendly mixed-use activity center with retail and visitor-oriented uses, business and personal services, government and professional offices, civic uses, and a variety of residential types and densities; • Guiding Policy 3.1-G-3: Promote infill development, intensification, and reuse of currently underutilized sites; and • Guiding Policy 3.1.-G-5: Use the South San Francisco Downtown Station Area Specific Plan as a guide for General Plan policies for the Downtown Station Area. The proposed project will conform to the General Plan Land Use Policies by reusing a set of underutilized sites to construct a high-density residential development that will provide a pedestrian-friendly streetscape close to the center of Downtown and in close proximity to the Caltrain commuter station. The project also provides a strong architectural statement that will act as a gateway development adjacent to the US-101 Grand Avenue exit. The project implements the goals of the Downtown Station Area Specific Plan and the project design is consistent with the City’s Design Guidelines as it relates to building design, form and articulation. Housing Element Opportunity Sites The Housing Element is one of the seven State-mandated Elements of the General Plan. Unlike other elements, the Housing Element must be updated by deadlines set by the State; the Housing Element for the housing cycle of 2015-2022 was certified by the State in April 2015. The Housing Element is the blueprint for future housing development in the city and includes goals, policies, and programs that direct residential decision-making. The Housing Element is required by state law to identify how and where the housing needs of each community will be met. For the upcoming housing cycle, the City of South San Francisco has a Regional Housing Needs Allocation (“RHNA”) of 1,864 units. STAFF REPORT SUBJECT: FORD PROPERTIES RESIDENTIAL DEVELOPMENT DATE: February 10, 2016 Page 12 of 16 To show that the City has properly zoned land to meet the RHNA numbers, the City is required to identify adequate opportunity sites throughout the jurisdiction. The available site inventory focuses on sites with near-term development potential, typically where the site is currently vacant or highly underutilized. In the recently certified Housing Element, the Downtown area was identified as providing many potential opportunity sites, including the proposed project, which was evaluated as Sites 14, 15, 16, & 17. Utilizing an estimated actual buildout for these parcels, the sites identified the potential for 174 new units. The proposed project would exceed this projection by building at a higher density, and therefore would comply with the General Plan Housing Element. COMMUNITY OUTREACH AND PUBLIC COMEMNTS Housing Sub-Committee Meeting A Housing Sub-Committee meeting was held on June 1, 2015 to share the preliminary designs with representatives from the City Council and Planning Commission. Feedback was generally positive and suggested that this was an appropriate design for the development location. The Sub-Committee suggested adding a public art component and enhanced landscaping for the project. Neighborhood Meeting A neighborhood meeting was held on November 5, 2015 in which approximately a dozen residents attended. As it was an open house, there was not a formal Q&A discussion with the applicant that staff could observe. In general, however, the comments were generally supportive of the project as long appropriate parking was provided for the site. The applicant indicated that some homeowners on Tamarack Lane, which is adjacent to the proposed townhome development on Parcel C, were concerned with traffic on Tamarack Lane. The applicant chose to address this concern with an additional analysis of modeled traffic conditions on Tamarack Lane and this updated information has been included in the Environmental Consistency Analysis. The traffic analysis identified that new traffic would result in a minor increase in new vehicles during the peak AM and PM hours and given the one-way design of Tamarack Lane, would not result in any traffic queuing or any significant impacts on Tamarack Lane for current residents. This has been peer reviewed by the Engineering Division, which concurs with the modeling approach and assessment. Bicycle and Pedestrian Advisory Committee The applicant attended the Bicycle and Pedestrian Advisory Committee (BPAC) meeting held on December 2, 2015 to present the project and highlight bicycle infrastructure. The BPAC was supportive of the project and suggested that the project include signs guiding bicyclists within the structured parking to promote safety between cyclists and drivers. Correspondence Received and City Response The Developer has provided a list of signatures indicating support from their Neighborhood Meeting, Kiwanis Club Meeting, and outreach to the business and residential community. It has STAFF REPORT SUBJECT: FORD PROPERTIES RESIDENTIAL DEVELOPMENT DATE: February 10, 2016 Page 13 of 16 been included as Attachment 7, Exhibit A. Additionally, several comments have been received by staff to date, speaking in opposition to the project. This correspondence has been included as Attachment 7, Exhibit B. Additionally the concerns identified in the letters were responded to by staff and can be referenced in the Planning Commission Staff Report attachment. DEVELOPMENT AGREEMENT The applicant and the City have negotiated a Development Agreement (“DA”) to clarify and obligate Project features and mitigation measures. The key features of the DA include: • The term of the DA shall be ten (10) years. • Payment of applicable fees, including the Public Safety Impact Fee and Child Care Impact Fee. • Payment of the following Community Enhancement Payments: o Public Art Commitment - Twenty-five thousand dollars ($25,000) o Community Benefit Payment - Five hundred thousand dollars ($500,000) o Park In-Lieu Payment - Ten thousand dollars ($10,000) per residential unit constructed for a total of $2,720,000 The proposed DA Ordinance is attached as Attachment 4. Note that, pursuant to SSFMC section 19.60.130, no development agreement may be approved by the City Council unless the following conditions are met: 1. The provisions of the agreement are consistent with the General Plan and any applicable specific plan; and 2. The development agreement complies with all applicable zoning, subdivision, and building regulations and with the general and any relevant specific plan 3. The agreement must state: a. The specific duration of the agreement b. The permitted uses of the property c. The density and intensity of use d. The maximum height and size of proposed buildings e. Specific provisions for reservation or dedication of land for public purposes The findings have been made and are included in the draft Ordinance for the City Council’s consideration, which is attached as Attachment 4. STAFF REPORT SUBJECT: FORD PROPERTIES RESIDENTIAL DEVELOPMENT DATE: February 10, 2016 Page 14 of 16 PURCHASE AND SALE AGREEMENT Key Business Points and Deal Structure The Purchase and Sale Agreement (“PSA”) between the Successor Agency and Sares Regis reflects the business terms of the sale. The major business terms are summarized below: Financial: Upon approval of the Successor Agency and Oversight Board the purchase price for the properties is $4 million, which is based on the residual land value appraisal of $7 million less $3 million in Community Benefits. In addition to the $4 million purchase price, the PSA provides for a supplemental purchase price for Parcel C. The Community Benefits payment includes the following items: • $2,720,000 for Park in Lieu fees at rate of $10,000 per home for each of the 272 homes. • Community Benefit Allowance of $525,000 for plaza/pedestrian connection improvements and public art. The benefits above are described in greater detail in the “Community Benefits” section of this report. Environmental Remediation: The developer will take title “as-is” with no environmental work or indemnities from the City. Below Market Rate For Sale Homes: Of the 12 for-sale townhomes, one will be sold at 70% of the Area Median Income (AMI) and one at 80% of the AMI. Schedule • Prior to June 30, 2016: The Developer will prepare and submit construction documents, including building permit submittal documents for the 260 multi-family residential rental units. • Prior to December 31, 2016: The Developer will apply for and obtain demolition, foundation and building permits for Parcels A, B and D and the property adjacent to Parcel D acquired separately by Developer. • December 31, 2016: The close of escrow for the Property, including Parcels A, B, C, and D, will occur no later than December 31, 2016. • Prior to March 31, 2017: The Developer will complete demolition of the existing structures on the Property and will commence construction of the 260 multi-family residential rental units on Parcels A, B and D and the property separately acquired by the Developer. • Prior to March 31, 2019: The Developer shall substantially complete development of the 260 multi-family residential rental units on Parcels A and D and the parcel adjacent to Parcel D separately acquired by Developer, open the leasing center and commence construction of the twelve for-sale townhomes. STAFF REPORT SUBJECT: FORD PROPERTIES RESIDENTIAL DEVELOPMENT DATE: February 10, 2016 Page 16 of 16 Attachments: Click on the links below to move forward in the e-version of the Staff Report: 1.Joint City Council/Successor Agency CEQA Resolution with Exhibits a.Environmental Consistency Analysis i.TAC and GHG Emissions Assessment – Illingworth and Rodkin, Inc. ii.Historic Resources Analysis – Archaeological Resource Management iii.Traffic and Circulation Analysis – Hexagon Transportation Consultants, Inc. iv.Shadow Analysis v.Wind Analysis vi.Final Mitigation Monitoring and Reporting Program from DSASP EIR 2.City Council Entitlement Resolution with Exhibits a.Conditions of Approval b.Vacant Ford Properties Entitlement Submittal Project Plans, dated December 7, 2015 3.Planning Commission a.Staff Report for January 21, 2016 b.Resolution 2782-2016 4.City Council Development Agreement Ordinance a.Draft Development Agreement 5.Ford Properties Redevelopment – Zoning Ordinance Compliance a.Accessory Storage Modification Request Memorandum b.Height within the Grand Avenue Core Zoning District Modification Request Memorandum 6.Proposed Community Benefits Memorandum 7.Public Comments a.Community Support Letters and Signatures submitted by Developer b.Community Letters in Opposition c.Staff Response 8.Successor Agency Purchase and Sale Agreement Resolution a.Draft Purchase and Sale Agreement 9.City Council Staff Presentation 2597833.1 Page 1 Page 281 Page 380 Page 415 Page 451 Page 461 Page 464 Page 500 Page 550 ATTACHMENT 1 JOINT CITY COUNCIL/SUCCESSOR AGENCY CEQA RESOLUTION WITH EXHIBITS 1 RESOLUTION NO. ________ CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A JOINT RESOLUTION OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY MAKING FINDINGS AND APPROVING THE ENVIRONMENTAL CONSISTENCY ANALYSIS, INCLUDING ALL SUPPLEMENTARY ANALYSES, FOR THE CONSTRUCTION OF TWO SEVEN-STORY RESIDENTIAL BUILDINGS WITH A TOTAL OF 260 UNITS AT BOTH CORNERS OF AIRPORT BOULEVARD AND MILLER AVENUE (309, 315, 401-421 AIRPORT BOULEVARD), A PRIVATE RESIDENTIAL PARKING LOT AT 405 CYPRESS AVENUE, AND TWELVE (12) TOWNHOME UNITS AT 216 MILLER AVENUE; AND MAKING A DETERMINATION THAT THE PROJECT COMPLIES WITH CEQA WHEREAS, the Successor Agency to the Redevelopment Agency of the City of South San Francisco (“Agency”) is the owner of certain real property located in the City of South San Francisco (“City”), California, known as County Assessor’s Parcel Number 012-317-110 (“401 Airport Boulevard”), 012-317-100 (“411 Airport Boulevard”), 012-317-090 (“421 Airport Boulevard”), 012-314-100 (“405 Cypress Avenue”), 012-314-220 (“216 Miller Avenue”), 012- 318-080 (“315 Airport Boulevard”) and collectively referred to as the “Agency Properties”; and, WHEREAS, in August, 2014, the Agency and Miller Cypress SSF, LLC (“Developer”) entered into an Exclusive Negotiation Rights Agreement (“ENRA”) that established a mutual understanding among the City, the Agency, and the Developer regarding the potential development of the Agency Properties; and, WHEREAS, in preparation for the potential acquisition of the Agency Properties by the Developer, the Agency and Developer prepared a Purchase and Sale Agreement (“PSA”); and, WHEREAS, in conjunction with the potential acquisition of the Agency Properties, the Developer has acquired rights to entitle and develop County Assessor’s Parcel Number 012-318- 040 (“309 Airport Boulevard”); and, WHEREAS, the Developer has proposed construction of a high-density residential development, consisting of 260 residential apartments in Phase 1, 12 for-sale residential townhomes in Phase 2, and 342 total vehicle parking spaces (“Project”) over 2.34 acres at the following addresses: 309 Airport Blvd., 315 Airport Blvd., 401-421 Airport Blvd., 405 Cypress Ave., and 216 Miller Ave. (collectively “Project Site”) in the City; and, WHEREAS, the City Council’s approval of the Developer’s proposal and the Agency’s approval of the PSA would each be considered a “project” for purposes of the California Environmental Quality Act, Pub. Resources Code § 21000, et seq. (“CEQA”); and, 2 WHEREAS, on January 28, 2015, the City Council certified an Environmental Impact Report (“EIR”) (State Clearinghouse number 2013102001) in accordance with the provisions of the California Environmental Quality Act (Public Resources Code, §§ 21000, et seq., “CEQA”) and CEQA Guidelines, which analyzed the potential environmental impacts of the development of the Downtown Station Area Specific Plan (“DSASP Program EIR”); and, WHEREAS, on January 28, 2015, the City Council also adopted a Statement of Overriding Considerations (“SOC”) in accordance with the provisions of the California Environmental Quality Act (Public Resources Code, §§ 21000, et seq., “CEQA”) and CEQA Guidelines, which carefully considered each significant and unavoidable impact identified in the DSASP Program EIR and found that the significant environmental impacts are acceptable in light of the project’s economic, legal, social, technological and other benefits; and, WHEREAS, the Project is in compliance with all applicable DSASP regulations and the Project is subject to the DSASP Program EIR MMRP; and, WHEREAS, CEQA allows for limited environmental review of subsequent projects under a program EIR when an agency finds that a project would not create any new environmental effects beyond those previously analyzed under a program EIR and would not require any new mitigation measures (CEQA Guidelines § 15168 (c)(2)). WHEREAS, under CEQA, an agency must examine subsequent activities in a proposed project in the light of the program EIR to determine whether the program EIR sufficiently analyzed the environmental effects of a proposed project or whether an additional environmental document must be prepared. The CEQA Guidelines require agencies to use checklists or similar mechanisms to conduct this analysis (CEQA Guidelines § 15168 (c)(5)); and, WHEREAS, the City prepared an Environmental Consistency Analysis for the Project which concluded that the Project would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the DSASP Program EIR certified by City Council and also, concluded that the Project would not require any new mitigation measures; and, WHEREAS, on January 21, 2016 the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to take public testimony and solicit public comment and consider the Environmental Consistency Analysis, Development Agreement and proposed entitlements and recommended approval of the Environmental Consistency Analysis, Development Agreement and proposed entitlements; and, WHEREAS, the City Council and the Agency held a lawfully noticed joint public hearing on February 10, 2016 to take public testimony and solicit public comment and consider the Environmental Consistency Analysis; and, WHEREAS, the City Council has reviewed and carefully considered the information in the Environmental Consistency Analysis, including all supplementary analyses and comment letters submitted, makes the findings contained in this Resolution, and approves of the 3 Environmental Consistency Analysis as an objective and accurate document that reflects the independent judgment and analysis of the City in the discussion of the Project’s environmental impacts; and, WHEREAS, the Agency has reviewed and carefully considered the information in the Environmental Consistency Analysis, including all supplementary analyses and comment letters submitted, makes the findings contained in this Resolution, and approves of the Environmental Consistency Analysis as an objective and accurate document that reflects the independent judgment and analysis of the Agency in the discussion of the Project’s environmental impacts. NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the South San Francisco General Plan and General Plan EIR; the Downtown Station Area Specific Plan and the Downtown Station Area Specific Plan Program EIR; the South San Francisco Municipal Code; the Project applications; the Project Plans, as prepared by TCA Architects, dated December 7, 2015; the Environmental Consistency Analysis, as prepared by City staff, dated February 10, 2016 including all appendices thereto; all site plans, and all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed January 21, 2016 meeting; all reports, minutes, and public testimony submitted as part of the joint City Council/Successor Agency’s duly noticed February 10, 2016 meeting and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the City of South San Francisco and the Successor Agency to the Redevelopment Agency of the City of South San Francisco hereby find as follows: 1. The foregoing recitals are true and correct. 2. The Environmental Consistency Analysis attached to this Resolution as Exhibit A, as prepared by City staff, dated February 10, 2016 is incorporated by reference and made a part of this Resolution, as if set forth fully herein. 3. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of the Planning Manager, Sailesh Mehra. 4. Design features of the Project, as well as compliance with all applicable regulations, conditions of approval, and the mitigation measures imposed on the Project pursuant to the DSASP Program EIR MMRP, will operate to ensure that the impacts of the Project will not exceed established CEQA thresholds of significance except for those impacts which the City previously determined could not be mitigated to below a level of a significant impact and for which the City has previously adopted a statement of overriding considerations. Therefore, and as further documented in the Environmental Consistency Analysis for the Project, additional mitigation measures beyond those established in the DSASP Program EIR MMRP are not required for the Project. 4 5. For the reasons stated in this Resolution, there is not substantial evidence in the record to support a fair argument that approval of the Project and the PSA will result in significant environmental effects beyond those adequately evaluated and addressed by the DSASP Program EIR nor would the Project require any new mitigation measures because: a. There are no substantial changes proposed in the Project, which will require major revisions of the DSASP Program EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; b. No substantial changes have occurred with respect to the circumstances under which the Project is undertaken which will require major revisions of the DSASP Program EIR due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects; c. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the DSASP Program EIR was certified as complete, shows any of the following: i. The Project will have one or more significant effects not discussed in the DSASP Program EIR; ii. Significant effects previously examined will be substantially more severe than shown in the previous EIR; iii. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the Project proponents decline to adopt the mitigation measure or alternative; or iv. Mitigation measures or alternatives which are considerably different from those analyzed in the DSASP Program EIR would substantially reduce one or more significant effects on the environment, but the Project proponents decline to adopt the mitigation measure or alternative; 6. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, including but not limited to the Environmental Consistency Analysis, as prepared by City staff, dated February 10, 2016 attached hereto as Exhibit A, the City Council and the Successor Agency, each exercising its independent judgment and analysis, finds that the Project is consistent with the analysis presented in the certified Downtown Station Area Specific Plan Program EIR, and that the Project would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the 5 Downtown Station Area Specific Plan Program EIR certified by the City Council. This is supported by the fact that, consistent with the Downtown Station Area Specific Plan EIR Mitigation Monitoring and Reporting Program, the project prepared Toxic Air Contaminants (TAC) and Green House Gas (GHG) Emissions Assessment, a Historic Resources Analysis, an Updated Historical Evaluation, and a Traffic and Circulation Analysis, all of which determined that the Project would not result in any new impacts not adequately evaluated and addressed by the Downtown Station Area Specific Plan Program EIR. In addition, the records includes a wind study and a shadow study which both conclude that the Project will not cause a significant environmental impact. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco and the Successor Agency to the Redevelopment Agency of the City of South San Francisco hereby makes the findings contained in this Resolution, and hereby takes the following actions: 1. Approves the Environmental Consistency Analysis, including all supplementary analyses attached hereto and incorporated herein as Exhibit A. 2. Determines that the Project is consistent with the analysis presented in the certified DSASP Program EIR, complies with the requirements of CEQA, and does not require further environmental review. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. * * * * * * * I hereby certify that the foregoing resolution was adopted by the City Council of the City of South San Francisco and the Successor Agency to the Redevelopment Agency of the City of South San Francisco at the regular joint meeting held on the 10th day of February, 2016 by the following vote: City Council: AYES:___________________________________________ NOES: ____________ ABSTENTIONS: ABSENT: Attest: City Clerk Successor Agency: AYES:___________________________________________ NOES: ____________ ABSTENTIONS: ABSENT: 6 Attest: Clerk 7 EXHIBIT A ENVIRONMENTAL CONSISTENCY ANALYSIS i. TAC and GHG Emissions Assessment – Illingworth and Rodkin, Inc. ii. Historic Resources Analysis – Archaeological Resource Management iii. Traffic and Circulation Analysis – Hexagon Transportation Consultants, Inc. iv. Shadow Analysis v. Wind Analysis vi. Final Mitigation Monitoring and Reporting Program from DSASP EIR 2598986.1 8 1 Project Information – Environmental Consistency Analysis I. Purpose The California Environmental Quality Act (CEQA) allows for limited environmental review of subsequent projects under a program Environmental Impact Report. (EIR) (CEQA Guidelines section 15168.) Subsequent activities in a proposed project must be examined in the light of the program EIR to determine whether an additional environmental document must be prepared. The CEQA Guidelines require agencies to use checklists or similar mechanisms to conduct this analysis. This Environmental Consistency Analysis (ECA) satisfies the CEQA Guidelines. Under this ECA, the City of South San Francisco (City) uses a written checklist to evaluate the site and the activity to determine whether the environmental effects of the proposed project were sufficiently analyzed under the Downtown Station Area Specific Plan (DSASP) program EIR. (CEQA Guidelines section 15168(c)(4).) On January 28, 2015, a program EIR was certified by the City Council. (Final Environmental Impact Report for the South San Francisco Downtown Station Area Specific Plan (DSASP), State Clearinghouse #2013102001.) The program EIR assessed the potential environmental impacts resulting from implementation of the DSASP. The DSASP established new land use, development, and urban design regulations for the area for a 20-year planning period. The following ECA has been prepared to consider whether any new environmental effects not identified in the DSASP program EIR might be created by construction and operation of the Sares-Regis Ford Properties Redevelopment project and concludes that all environmental effects were previously analyzed and no additional environmental review is required. II. Project Description 1. Project Title Sares-Regis Ford Properties Redevelopment 309, 315, 401–421 Airport Boulevard, 405 Cypress Avenue, 216 Miller Avenue 2. Lead Agency Name and Address City of South San Francisco 315 Maple Avenue South San Francisco, CA 94080 3. Contact Person and Phone Number Tony Rozzi, AICP Senior Planner Economic and Community Development Department - Planning Division (650) 877-8535 Tony.Rozzi@ssf.net 4. Project Location 9 2 The City of South San Francisco 5. Project Sponsor’s Name and Address Ken Busch, Senior Vice President Sares Regis 901 Mariners Island Boulevard, Suite 700 San Mateo, CA 94404 (650) 377-5505 6. General Plan Designation Downtown Transit Core (DTC) / Grand Avenue Core (GAC) 7. Zoning Downtown Station Area Specific Plan (DSASP) – Downtown Transit Core (DTC) and Grand Avenue Core (GAC) Zoning Sub-Districts 8. Description of Project The applicant proposes the development of 272 residential units in two phases over 2.34 acres. Phase One at 309, 315, 401-421 Airport Boulevard and 405 Cypress Avenue includes the redevelopment on the site of a former Ford vehicle dealership and supporting buildings, as well as an acquired single-room occupancy hotel. The two buildings are proposed to be seven stories in height; each building will have five residential stories over two above ground garage levels. The proposed building at 401-421 Airport Boulevard will have 160 apartment homes (22 studio, 65 one-bedroom, 69 two-bedroom, and 4 three-bedroom units) and the proposed building at 309, 315 Airport Boulevard will have 100 apartment homes (20 studio, 36 one-bedroom, and 44 two-bedroom units). The vacant property at 405 Cypress Avenue would be converted into a parking lot to support the proposed apartment communities. Phase Two of the project would develop a vacant parcel (216 Miller Avenue) into twelve (12) for-sale townhomes. The applicant proposes to provide approximately 342 supporting vehicle parking spaces, 26 short-term bicycle parking spaces, and 73 secure bike rack spaces. A portion of the vehicle parking spaces are proposed to be compact, measuring 8’-6” by 16’ instead of the standard 8’-6” by 18’; the applicant has requested a Parking Exemption Permit (PE15- 0004) to reduce the number of required parking spaces by 25% to allow for the compact space design, which is not a recognized dimension in the City’s Zoning Ordinance. Approval of this permit would allow an overall reduction in required parking to permit the non-conforming spaces; in lieu of not providing the spaces, the applicant wishes to provide non-conforming parking spaces. Consistent with the DSASP Zoning District standards (South San Francisco Municipal Code (SSFMC) 20.280; Table 20.280.004-2), and a Waiver and Modification request, the buildings will each be consistent with height limits. Additionally, the project includes: • 15,259 sq. ft. of courtyard space; • 802 sq. ft. of rooftop decking; • 5,510 sq. ft. of private apartment decks; • A club/fitness room, measuring nearly 5,200 sq. ft.; and • A lounge area of 1,000 sq. ft. 10 3 The sidewalks would be replaced along the project site perimeter to meet the minimum sidewalk standards set forth in the DSASP. Pedestrian improvements will include bulb out extensions at all four corners of the intersection at Miller Avenue and Cypress Avenue. Some on-site trees will remain, as determined to be healthy, and the landscaping plan proposes over forty new street trees and additional landscaping. Sidewalk amenities would also include new lighting, landscaping, public bicycle racks and sidewalk corner treatments (e.g., crossing ramps) that will comply with the City and the Americans with Disabilities Act’s (ADA) requirements. A new storm drain system is also proposed to be constructed along Miller Avenue to manage new runoff created by the development. For reference in this document, the project will refer to elements of the development by its parcel location. As shown in the image below, the proposed project is split among four locations and located at the intersection of Airport Boulevard, Miller and Cypress Avenues (Parcels A, D), and 216 Miller Avenue (Parcel C). 9. Existing Uses On-Site The project site includes a vacant, two-story former Ford vehicle dealership building at Parcel D, a former Ford truck maintenance facility at Parcel A; a vacant, two-story 21- room single occupancy hotel on Parcel D; and private surface parking that is unavailable to the public (Parcels B and C). 10. Surrounding Land Uses and Setting The project site is in the portion of the DSASP area west of US-101. The immediate vicinity includes the nearby South San Francisco Caltrain station, US-101, Airport Boulevard, and a mixture of low-density mixed-use and commercial development along Airport Boulevard, Grand Avenue, and Miller Avenue. 11. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): 11 4 None. Development will be subject to entitlements from the City of South San Francisco. III. Determination The project is within the scope of the DSASP program EIR and no new environmental document is required. (CEQA Guidelines section 15168(c).) All of the following statements are found to be true: 1. This subsequent project will have no additional significant effects not discussed or identified in the DSASP program EIR; 2. No new or additional mitigation measures or alternatives are required; 3. This subsequent project is within the scope of the project covered by the Final EIR for the City’s DSASP; 4. All applicable policies, regulations, and mitigation measures identified in the DSASP program EIR will be applied to this subsequent project or otherwise made conditions of approval of this subsequent project; and 5. No substantial changes have occurred with respect to the circumstances under which the DSASP program EIR was certified, and no new information, which was not known and could not have been known at the time that the DSASP program EIR was certified as complete and has become available. 12 5 Issues: I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? ("Glare" is defined in the DSASP program EIR as the reflection of harsh bright light sufficient to cause physical discomfort or loss in visual performance and visibility.) Documentation: a. The DSASP program EIR (p. 4.1-9) concluded that no scenic vistas or view corridors existed within the DSASP area but that there are prominent visual landmarks in South San Francisco outside of the DSASP area, including San Bruno Mountain, Sign Hill Park, the “Wind Harp Tower” at San Bruno Point Hill and the San Francisco Bay. There are no designated scenic outlooks within the DSASP area and no designated places where people would gather in order to gain a view of San Bruno Mountain or Sign Hill Park. Additionally, all new development under the DSASP would have building heights consistent with the land use designations of the development sites with the grant of a Waiver and Modification. Since the land use designations are approved by the General Plan, blockage of these views from new development would be consistent with the City’s regulations. Therefore, the project would not have a substantial adverse effect on a scenic vista, consistent with the DSASP program EIR. b. While the DSASP area is not located within a state scenic highway, it does contain historic buildings that could be considered scenic resources. The integrity of such resources would be maintained, however, with adherence to DSASP policies and objectives. A main objective of the DSASP is to revitalize the Downtown to be a vibrant and successful community resource while protecting the historic building fabric of the area. Grand Avenue is the historic heart of the City, with City Hall at one end of the street and a diverse array of one, two, and three story buildings, examples of interesting architectural periods, dispersed along the street. While Grand Avenue would experience new development and improvements, the scale and character of the street would be maintained under the DSASP. Additionally, new development building heights and design guidelines, as proposed with this project, would respect the historic fabric of the Downtown area while providing an updated, refreshed feel to attract more pedestrian and commercial activity within the DSASP area. Adopted DSASP policies, guidelines, and zoning regulations protect historic buildings and their visual character within the DSASP area. Therefore, implementation of the proposed project would not substantially damage scenic resources, as it would be in conformance with these policies. The proposed project is in compliance with all applicable DSASP standards, guidelines, and regulations, as proposed or modified with the entitlements request. As a result, the project is consistent with the aesthetic considerations of the DSASP program EIR. c. The existing Downtown area is currently comprised of inconsistent building heights and aesthetic quality and lacks a cohesive grid street network. There is little to no streetscaping and the area is deteriorated in certain locations and generally not designed for optimal pedestrian and commercial activity. Implementation of the DSASP has established design guidelines and standards to improve the overall aesthetic quality of the DSASP area as a whole. A wind analysis (Parcels A, C and D in South San Francisco, CA – Wind Issues Associated with the Project, Illingworth & Rodkin, Inc, January 12, 2016) was conducted for the project and concludes that the predominant westerly winds should not create a wind tunnel effect and would not create hazardous wind conditions for pedestrians on Cypress Avenue. Some of the features of the building that lessen potential wind effects are the 80’- 0” height of the building (buildings at least 100’-0” are considered tall), articulation of the building, open podium design above the second floor, and street tree plantings. 13 6 A shadow and light analysis prepared for the project (Vacant Ford Properties Entitlement Submittal Set, TCA Architects, January 4, 2016) demonstrates that there will be little to no adverse shading effects to adjacent properties as a result of the proposed project. The shadow and light analysis concludes the following: “…The two sites (A and D) are oriented effectively South to North along both Airport Blvd. and Cypress Avenue, the effects of the shade study show little or no impact on the adjoining properties to the west, and to the east there is the 101 freeway. The only shade impact on adjacent properties to the west occurs between 8 AM and Noon at the Winter Solstice. At all other times of the year, there is virtually no impact on the adjacent property especially during normal business hours.” Implementation of the proposed project would be beneficial to the DSASP area, as it will include 272 new residential units within three high-quality, modern buildings, construct significant pedestrian and streetscape enhancements along Miller Avenue, Cypress Avenue, and Airport Boulevard, and redevelop several lots that have been vacant for several years. The overall project proposal would enhance the visual quality of the site and its surroundings and consistent with the DSASP program EIR, would not result in a negative aesthetic impact to the surrounding area. d. The land uses accommodated under the DSASP would have the potential to include sources of light and glare, such as security lighting or new glass panels buildings. However, the DSASP area is currently developed with similar land uses. Redevelopment would not result in a substantial net increase in nighttime lighting or daytime glare sources. The SSFMC includes multiple building and construction regulations and zoning requirements that are intended to minimize localized light and glare impacts. Additionally, the DSASP Performance Standards and adopted zoning regulations state that all new pedestrian light fixtures shall be designed to focus light onto sidewalks and to minimize light spillover into adjacent upper level building windows or into the night sky. The proposed project has been designed to adhere to these requirements and therefore, no new sources of substantial light or glare not evaluated by the DSASP program EIR would result from implementation of the project. II. AGRICULTURE RESOURCES --Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Documentation: a. , c., & d. No agricultural uses are located in the DSASP area, and the area does not contain any Prime Farmland, Unique Farmland, Farmland of Statewide Importance, forest land, timberland, timberland production, or forest land. The project is located in a built-out urban environment, and therefore would not convert farmland to a non- agricultural use. Consistent with the DSASP program EIR, no impact would occur as a result of the proposed project. b. The project would not conflict with any agricultural zoning use or a Williamson Act contract. There are no such zoned land uses or Williamson Act contracts in the project vicinity. Consistent with the DSASP program EIR, no impact would occur as a result of the proposed project. III. AIR QUALITY -- Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? 14 7 b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard, including releasing emissions that exceed quantitative threshold for ozone precursors? d) Expose sensitive receptors to substantial pollutant concentrations, including, but not limited to, substantial levels of toxic air contaminants? e) Create objectionable odors affecting a substantial number of people? Documentation: a. - c. The DSASP program EIR (pp. 4.2-10 through 4.2-28) identified significant and unavoidable impacts related to air quality for construction and operational activities of new development if mitigation measures were not implemented for all future projects. Mitigations were suggested by the EIR, but the City Council determined that such impacts could not be avoided even with the incorporation of these measures, and that no other feasible mitigations or alternatives would avoid or lessen the impacts. Consequently, the City adopted a Statement of Overriding Considerations for the DSASP program EIR on January 28, 2015 that weighed new development benefits against potential impacts and determined that significant and unavoidable impacts to air quality were in the City’s best interests. The proposed project is in compliance with all applicable DSASP regulations, and as a result, would not create any additional construction or operational emission impacts in excess of those addressed by the DSASP program EIR and Statement of Overriding Considerations. While implementation of mitigation measure MM4.2 1 and MM4.2 2 have the potential to reduce air pollutant emissions from construction by requiring compliance with BAAQMD construction mitigation measures, and operation through the reduction of project- related trips, they cannot guarantee that emissions would be lessened to below a significance level. Therefore, even with implementation of mitigation, construction and operational emissions would be significant and unavoidable impacts. The project would be required to comply with the Mitigation, Monitoring, and Reporting Program (MMRP) and the applicable Mitigation Measures outlined in the DSASP program EIR as a condition of approval. Additionally, the applicant has provided an emissions assessment that has provided additional mitigation suggestions to reduce construction and operational impacts to a less than significant impact (Miller-Cypress SSF Parcels TAC and GHG Emissions Assessment; Illingworth & Rodkin, Inc.; November 11, 2015). In response to Mitigation Measure MM4.2-1, a measure to reduce construction exhaust emissions was developed to ensure localized construction emissions do not lead to significant health risk impacts. This measure applies only to construction at Parcel C and shall be included as a condition of approval for the project: Implement the following measures to minimize emissions from diesel equipment: (1.) All diesel-powered off-road equipment larger than 50 horsepower and operating at the site for more than two days continuously shall meet U.S. Environmental Protection Agency (EPA) particulate matter emissions standards for Tier 2 engines or equivalent and (2.) All portable pieces of construction equipment (i.e., air compressors, cement mixers, concrete/industrial saws, generators, and welders) meet EPA particulate matter emissions standards for Tier 4 engines or equivalent; and (3.) Avoid staging equipment adjacent to residences. The Conditions of Approval are imposing specific conditions on the project to ensure that the project complies with applicable regulations and City-requirements and the MMRP mitigation measures are implementing existing, not new mitigation. Therefore, the project remains consistent with the analysis of the DSASP program EIR. d. The DSASP program EIR (pp. 4.2-22 through 4.2-27) concluded that development in accordance with the DSASP regulations would expose sensitive receptors to toxic air contaminants (TACs) and particulates (PM 2.5 ) if located within 500 feet of a freeway, urban road with 100,000 vehicles/day, or the Caltrain railroad. Because the project site is adjacent to the Caltrain railroad and less than 500 feet from freeway US-101, , the DSASP Mitigation Measure MM4.2-3 requires a Health Risk Assessment to be prepared and approved by the City. The analysis (Miller-Cypress SSF Parcels TAC and GHG Emissions Assessment; Illingworth & Rodkin, Inc; November 11, 2015) determined that the community risk impacts from single and cumulative sources (Table 5, p. 14) were below the Bay Area Air Quality Management District (BAAQMD) thresholds for single source and cumulative sources and that there was no significant health impacts on future residents locating within the proposed project. As a condition of 15 8 approval, the applicant will be required to notify all prospective tenants in writing that the project is within an urban downtown with regular and typical noise and emissions due to its location. The Conditions of Approval and MMRP mitigation measures are not implementing new mitigation, however, and therefore the project remains consistent with the analysis of the DSASP program EIR. e. There would be no food service businesses nor other use which would cause objectionable odors included within the project. As part of standard project review, equipment used for outdoor food preparation (courtyard, roof deck) and the outdoor fireplace (courtyard) would be subject to City approval for safety and odor control. Furthermore, the project would accommodate refuse and recycling in enclosed trash rooms on each residential floor and the lower/street level of the project garage. Refuse and recycling pick-up would be provided by a local waste service provider (South San Francisco Scavenger) and would occur on a weekly basis. Consequently, no odor impacts are anticipated as a result of the project. IV. BIOLOGICAL RESOURCES – Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Documentation: a. – c. The DSASP area is currently developed with residential, commercial, and office uses. There are no large open spaces in the project area. Open space within the Downtown area consists of developed parkland, mostly graded vacant lots, and a portion of the PG&E transmission corridor. The City’s General Plan identifies the areas of the City that support biological resources, which generally consist of San Bruno Mountain, Sign Hill, and wetland areas along Colma Creek (South San Francisco 1999, Open Space and Conservation Element). The City requires assessment and protection of biological resources for development in these areas. The DSASP area is not located in an area that supports biological resources. Only a small portion on the southern boundary of the DSASP area is adjacent to the Colma Creek Canal. The area is located south of Airport Boulevard, east of the railroad track, and east of San Mateo Avenue and this proposed project’s nearest location is 0.6 miles away. Riparian habitat in South San Francisco is limited to along Colma Creek and along the Bay fringe. However, the DSASP does not propose any land use directly adjacent to the canal and the area directly adjacent to the canal is currently in use for utility infrastructure and right-of-way. The proposed project is not proximate to this location. Therefore, consistent with the DSASP program EIR, this project would not result in any substantial adverse impacts to sensitive plant or animal species. 16 9 d. – e. Construction and development associated with implementation of the proposed project would not occur within an area containing habitat that supports biological resources. Therefore, the proposed project would have no impact on wildlife movement corridors. Landscaping vegetation within the DSASP area could provide potential nesting habitat for migrating birds. If vegetation removal were to occur during the February 1 through August 31 bird nesting period, construction would be required to comply with applicable regulations in the California Fish and Game Code (Section 3503, 3513, or 3800), which would protect nesting birds from construction disturbances and this will be required as a condition of approval. Landscaped areas in the project area may contain trees defined as protected by the South San Francisco Tree Preservation Ordinance, Title 13, Chapter 13.30. Development activities could involve removal or pruning of protected trees. However, such activities would be required to comply with the Tree Preservation Ordinance as part of the project approval process, including obtaining a permit for any tree removals or alterations of protected trees, and avoiding tree roots during trenching for utilities. This will be required as a condition of approval. The Conditions of Approval impose specific conditions on the project to ensure that the project complies with applicable regulations and City-requirements and the MMRP mitigation measures implement existing, not new, mitigation. Therefore, the project remains consistent with the analysis of the DSASP program EIR. f. There is no adopted Habitat Conservation Plan, Natural Communities Conservation Plan, or other approved local, regional, or state habitat conservation plan that is applicable to the DSASP area or proposed project. V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines section 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource as defined in CEQA Guidelines section 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Documentation: a. The DSASP program EIR (pp. 4.3-11 through 4.3-13) identifies 12 historic resources within the DSASP area and an additional 12 sites within 0.5 mile of the area boundaries. Although the Grand Avenue commercial corridor was suggested as a historic district, it was never formally designated. The DSASP program EIR concluded that there were potential impacts to these resources only for project sites located on or directly adjacent to a historic resource. Consistent with EIR Chapter 4, the DSASP specifies standards, guidelines, and mitigations for historic resources identified in the DSASP. Implementation of mitigation measure MM4.3-1 would require a qualified professional to conduct site-specific historical resource evaluation for future development within the DSASP area that would demolish or otherwise physically affect buildings or structures 45 years old or older or would otherwise affect their historic setting. The Ford vehicle dealership properties were initially noted as a potential “historic resource which may be altered, relocated, or removed” by City staff. The primary building and supporting buildings on this property would be demolished as part of this proposed project. A report on the proposed project (Historic Evaluation of the South San Francisco Ford Buildings and Associated Mural on Airport Boulevard, Archaeological Resource Management – Robert R. Cartier, Ph.D., November 20, 2015) has been prepared and reviewed by City staff. The report’s investigation concluded that that “the South San Francisco Ford Buildings are not listed on the City of South San Francisco Historic Resources Inventory, the California Register of Historic Resources (CRHR), or the National Register of Historic Places (NRHP). In addition, the structures do not appear to be eligible for inclusion in any of these registers.” However, since the dealership was operated by the Lautze family for over fifty years in South San Francisco, the report recommends that a plaque be erected “at or in front of the site of the original 1925 structure (315 Airport Boulevard), describing the history of Fred J. Lautze and the dealership.” Staff has discussed this proposal with the project applicant and it will be included as a condition of approval for the project and will require the Planning Manager’s final review. With adherence to this condition of approval, the proposed project will have no impact on historic or significant cultural resources, consistent with the DSASP program EIR. By 17 10 imposing this condition, the City is implementing existing, not new, mitigation; therefore, the project remains consistent with the analysis of the DSASP program EIR. Additionally, the report documents that the existing mural at 415 Airport Boulevard that is titled “Transporting Oneself” by the artist Catalina Gonzalez was completed in 1999. No further action on this mural, which was commissioned by the City of South San Francisco’s Redevelopment Agency, is contemplated, and removal will have no impact on historic or significant cultural resources, as those terms are defined under CEQA Guidelines§ 15064.5, within the DSASP area, consistent with the DSASP program EIR. It is important to note that pursuant to the federal Visual Artist Rights Act (VARA), the artist Catalina Gonzalez does retain attribution rights and may have the right to prevent mutilation or modification of her work without consent. Further, to extent that the California Artist Protect Act (CAPA) is not preempted by VARA, Ms. Gonzalez may also have additional rights under that statute. A condition of approval is included to require the project applicant to comply with VARA requirements and CAPA requirements (to the extent applicable) prior to demolition of the 415 Airport Boulevard building. Additionally, due to the adjacent location of Bertolucci’s Italian Restaurant located at 421 Cypress Avenue, which was surveyed as a potential historic resource by the City in 1986, the applicant has submitted a report evaluating the proposed project’s potential CEQA impacts on the structure (An Updated Historic Evaluation of the Bertolucci’s Building in South San Francisco, Archaeological Resource Management – Robert R. Cartier, Ph.D., January 15, 2016). The report was evaluated by City staff and peer reviewed by Atkins North America, the DSASP program EIR consultant. The report’s investigation concluded that that: “The Bertolucci’s Restaurant building at 421 Cypress Avenue is located across Cypress Avenue (approximately 45 feet) from the proposed Parcel A residential building and adjacent to(separated by an approximately 20 foot alley) the proposed Parcel B parking lot. As described in our report prepared for the proposed project dated November 20, 2015, the proposed project does not remove or otherwise impact the Bertolucci’s building or any buildings that relate to or contribute to the Bertolucci’s building. The proposed project will, however, block the existing view of the sign on top of the building from the adjacent elevated portion of Highway 101. The purpose of this evaluation is to determine if blocking the view from Highway 101 is a significant impact under the California Environmental Quality Act. Based on our research and analysis described below, we conclude that it is not.” Additionally, the report concludes “As per CEQA Guidelines, in order for an impact to be considered significant, the impact must pose a “substantially adverse” change to that resource. A “substantially adverse” impact in the context of historic resources is one which affects the resource “such that the significance of an historical resource would be impaired” (PRC Section 5020.1(q)). The Bertolucci’s sign is one several elements of the Bertolucci’s building which contribute to the historic character of the property, however, the current view of the sign from Highway 101 is not an essential factor in maintaining the significance of the structure or what makes the sign a contributing element to the building given the relatively recent (1994) creation of extent of the current view and the modifications to the sign itself. The contributing aspects of the sign to the building are based on the age and the design of the sign itself and its relationship to the historical use of the building. Based on our review of the characteristics of building and sign, it appears the Bertolucci’s building would retain eligibility for both the CRHR and the local historic register regardless of whether the sign remains visible from Highway 101 or not, due to its architecture and historic associations. Thus, while the proposed project would block the existing view of the sign from Highway 101, this impact does not appear to be significant under CEQA because the lack of visibility from the Highway would not jeopardize the structure’s eligibility for the CRHR, or its eligibility for listing on the local register of the City of South San Francisco. Therefore, it is our professional opinion that the proposed project would not pose any direct or indirect significant adverse impact the historic merit of the Bertolucci’s building according to CEQA guidelines.” b. The proposed project would not cause a potentially significant impact to any known archaeological resources in the project vicinity. However, the DSASP program EIR (pp. 4.3-13 through 4.3-14) concluded that there is a high potential for new development facilitated by the DSASP to disturb unrecorded archaeological resources, which represented a potentially significant impact. Mitigation Measures MM4.3-2 through MM4.3-4 of the DSASP program EIR requires that prior to any earth-disturbing activities (e.g., excavation, trenching, grading)or in the event that any deposit of prehistoric or historic archaeological materials are encountered during project construction activities, all work within 100 feet shall be stopped and a qualified archaeologist be contacted to assess the deposit and make recommendations, possibly including complete avoidance of the resources, in-place preservation, and/or data recovery. Additionally, prior to start of construction, the supervisor will undergo worker environmental awareness training or provide evidence of such training that is City-approved. These measures, 18 11 which shall be required as conditions of approval for the project, would reduce the potential impacts of the project on archaeological resources to a less-than-significant level. By imposing these conditions, the City is implementing existing, not new, mitigation; therefore, the project remains consistent with the analysis of the DSASP program EIR. c. The proposed project would not cause a potentially significant impact to any known paleontological resources in the project vicinity. However, the DSASP program EIR (p.4.3-14) concluded that earthmoving activity associated with DSASP-facilitated development could potentially disrupt, alter, or eliminate as-yet undiscovered paleontological resources, which represented a potentially significant impact. Mitigation Measures MM4.3-5 through MM4.3-6 of the DSASP program EIR requires that prior to the issuance of grading or demolition permits, the Community Development Department, in coordination with a qualified paleontologist, assess individual development proposals for the potential to destroy unique paleontological resources and to determine provisions to protect such resources when applicable, possibly including complete avoidance of the resources, in-place preservation, and/or data recovery as detailed in MM4.3-5. Additionally, should paleontological resources or unique geologic features be identified at a particular site during project construction, construction shall cease within 100 feet of the find and the City shall be notified. A City-approved paleontologist shall assess the significance of the find and impacts to any significant resources shall be mitigated to a less-than-significant level through methods determined adequate by the paleontologist and as approved by the City. These measures, which shall be required as conditions of approval for the project, would reduce the potential impacts of the project on paleontological resources to a less-than-significant level, consistent with the evaluation of the DSASP program EIR. By imposing these conditions, the City is implementing existing, not new, mitigation; therefore, the project remains consistent with the analysis of the DSASP program EIR d. The proposed project would not cause a potentially significant impact to any known cemeteries or human remains in the project vicinity (DSASP program EIR p. 4.3-15). However, should any human remains be found during on- or off-site improvements associated with the proposed project, the DSASP program EIR identifies the California Health and Safety Code Section 7050.5 requiring that no further disturbances shall occur until the County Coroner has made the necessary findings as to the origin and disposition of the remains pursuant to Public Resources Code (PRC) Section 5097.98. PRC Section 5097.98 outlines the Native American Heritage Commission notification process and the required procedures if the County Coroner determines the human remains to be Native American. Compliance with this standard regulation would protect unknown and previously unidentified human remains, and impacts related to unknown human remains would be less than significant and no mitigation would be required, consistent with the evaluation of the DSASP program EIR. VI. GEOLOGY AND SOILS – Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault (Division of Mines and Geology Special Publication 42)? ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code, creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Documentation: 19 12 a. i.-iv.) The DSASP area is not located within an Earthquake Fault Zone as defined by the Alquist-Priolo Earthquake Fault Zoning Act of 1994 and no known active or potentially active faults traverse the study area. Because ground rupture generally only occurs at the location of a fault, and no active faults are known to traverse the DSASP area, the project would not be subject to a substantial risk of surface fault ruptures. The City and the larger San Francisco Bay Area are in a seismically active region. A rupture of the Peninsula Segment of the San Andreas Fault could result in intensities registering 7.1 on the modified Mercalli intensity scale in the South San Francisco area. Most of the City would experience an intensity level of VII (Nonstructural Damage) or VIII (Moderate) from a rupture of the Peninsula Segment of the San Andreas Fault during an earthquake with a 7.1 magnitude. According to the South San Francisco General Plan, portions of the DSASP area are located in areas potentially subject to extremely high or very high levels of ground shaking (see General Plan Health and Safety Element Figure 8 2 [General Plan Policies for Seismically Sensitive Lands]). The structural design of the proposed buildings must adhere to state and City building code standards, such as the California Building Code (CBC), which define minimum acceptable levels of risk and safety. Additionally, in accordance with the General Plan Policy 8.1 I 1, special occupancy land uses (hospitals, schools, and other structures that are important to protecting health and safety in the community) would not be located in the areas designated as seismically sensitive in General Plan Figure 8–2. Compliance with existing state and City regulations would be consistent with the analysis of the DSASP program EIR that identified that existing regulations would reduce impacts to a less-than-significant level. Because the DSASP area is located in a seismically active region, the potential for seismic-related ground failure exists, including liquefaction. Most of the DSASP area is located in an area with very low susceptibility for liquefaction, except a portion of the DSASP area east of US 101 with a moderate to very high risk for liquefaction (USGS n.d.). However, proposed development must adhere to the CBC and the Seismic Hazards Mapping Act, which include requirements for geotechnical investigations in areas with high risks for liquefaction, including mitigation to minimize risks. SFFMC Section 15.56.140 (Grading Permit Requirements) also requires a soils engineering report and engineering geology report that would identify potential geotechnical hazards and make recommendations to minimize hazards. Compliance with existing state and City regulations would be consistent with the analysis of the DSASP program EIR that identified that existing regulations would reduce impacts to a less- than-significant level. The parts of the San Francisco Bay region having the greatest susceptibility to landslides are hilly areas underlain by weak bedrock units with slopes greater than 15 percent. In South San Francisco this hazard is primarily located on the southern flank of San Bruno Mountain in the Terrabay development and near Skyline Boulevard. Because the DSASP area is located in an area with slopes less than 15 percent, natural slope instability is not a concern. Excavation wall stability would be regulated by CBC Chapter 33 and consistent with the DSASP program EIR analysis. b-e. Earth-disturbing activities associated with construction would be temporary and erosion effects would depend largely on the areas excavated, the quantity of excavation, and the length of time soils are subject to conditions that would be affected by erosion processes. In addition, all construction activities would be required to comply with CBC Chapter 18, which regulates excavation activities and the construction of foundations and retaining walls, and CBC Chapter 33, which regulates safeguarding activities, including drainage and erosion control. Additionally, development would continue to be required to comply with the National Pollutant Discharge Elimination System general permit for construction activities. Pursuant to this permit, as part of an erosion control plan, construction site erosion and sedimentation control best management practices (BMPs) would be implemented and would include such measures as silt fences, watering for dust control, straw bale check dams, hydroseeding, and other measures. Further, development under the DSASP will be required to comply with all applicable provisions of the San Mateo Countywide Stormwater Pollution Prevention Program (STOPPP), and requires runoff management programs that would include BMPs to control erosion and sedimentation. Following construction, future development would consist almost entirely of impervious surfaces and would not be subject to substantial erosion or topsoil loss. The soil in South San Francisco is generally characterized as having a low expansion potential, with the exception of areas at the base of the San Bruno Mountains or adjacent to San Francisco Bay. Development in the DSASP area would not be located in an area at high risk for expansive soils. Additionally, future development must comply with the CBC and SSFMC Section 15.56.140 (Grading Permit Requirements), which require a soils engineering report and engineering geology report that would identify potential geotechnical hazards and make recommendations to minimize hazards. The proposed project would not produce wastewater that requires support of septic tanks or alternative wastewater disposal systems. The City of South San Francisco would continue to provide wastewater service to the entire DSASP area. Therefore, this project is consistent with the DSASP program EIR analysis and would have a less- than-significant impact on geology and soils. 20 13 VII. GREENHOUSE GAS EMISSIONS -- Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? c) Expose people or structures to a significant risk of loss, injury or death involving flooding caused by sea level rise resulting from global climate change? Documentation: a. A limited amount of greenhouse gas (GHG) emissions would occur during demolition and construction activities. Because GHGs remain in the atmosphere for years, even the temporary emissions from construction activities would be cumulatively considerable without the implementation the BAAQMD recommended BMPs, the General Plan policies, and CAP policies to reduce construction-related GHG emissions. Implementation of the General Plan and CAP policies along with mitigation measure MM4.4-1 would reduce this impact to less than cumulatively significant. Incorporation of the General Plan and CAP policies would reduce the generation of waste from construction activities, thereby reducing the emission of GHGs associated with waste disposal and decomposition. Implementation of mitigation measure MM4.4-1 would reduce GHG emissions associated with waste and would have the potential to reduce combustion-related GHG emission by reducing the amount or type of fuel utilized at construction sites. In summary, construction emissions would be temporary in nature and would not significantly contribute to regional GHG levels with appropriate prescribed mitigation measures. The DSASP program EIR (pp. 4.4-21 through 4.4-26) determined that while the occupancy and operation of DSASP-facilitated projects would generate GHG emissions, these emissions would be subject the City’s adopted Climate Action Plan (CAP) and the CAP’s policies. Mitigation Measures MM4.4-2 through MM4.4-10, as applicable, will be incorporated into the project as conditions of approval. As such, GHG emissions’ significance threshold would be a less-than-significant impact. This project is consistent with the DSASP program EIR analysis and would not result in new or unidentified impacts. By imposing these conditions, the City is implementing existing, not new, mitigation; therefore, the project remains consistent with the analysis of the DSASP program EIR As indicated above, with implementation of existing mitigation, the project within the DSASP would meet the goals identified in the City of South San Francisco’s CAP which is needed to reduce GHG emissions within the City to exceed the Assembly Bill 32 goals moving past 2020. Therefore, the emissions of GHGs from new development within the DSASP would be consistent with both AB 32 and the CAP for the City. This project is consistent with the DSASP program EIR analysis and would not result in new or unidentified impacts. b. The DSASP program EIR (pp. 4.4-5 through 4.4-9) determined that the DSASP area is unlikely to be subject to flooding due to sea level rise associated with global climate change. Therefore, the proposed project within the DSASP should not expose people or structures to a significant risk of loss, injury or death involving flooding caused by sea level rise resulting from global climate change. This project is consistent with the DSASP program EIR analysis and would not result in new or unidentified impacts. VIII. HAZARDS AND HAZARDOUS MATERIALS -- Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, would it 21 14 create a significant hazard to the public or the environment? e) For a project located within an airport land use plan, or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Documentation: a. The project would include 272 residential units and associated uses. It would not involve routine transport, use, or disposal of hazardous materials, nor would it result in hazardous emissions. The DSASP program EIR (p. 5-4) concluded that while some hazardous substances may be generated, stored, transported, used, or disposed of in association with residential and non-residential development projects Downtown (e.g., cleaning supplies), existing local, State, and federal regulations and oversight would reduce the potential threat to a less-than-significant impact. This project is consistent with the DSASP program EIR analysis and would not result in new or unidentified impacts. b. & c. The proposed project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. No manufacturing or industrial processes that utilize or produce dangerous substances are proposed with this project, and the DSASP program EIR (p. 5-4) concluded that with mandatory local, State, and federal regulations in place, the risk to the public or the environment from upset and accident conditions would represent a less-than-significant impact. The project is further than ¼ mile from the nearest school, Martin Elementary School. As such, this project is consistent with the DSASP program EIR analysis and would not result in new or unidentified impacts. d. According to the State Water Resources Control Board GeoTracker database, there are several open and closed hazardous materials cases in the DSASP area. Cases are concentrated south of Grand Avenue and along the US 101 corridor. The majority of cases involve leaking underground storage tanks (LUST). Other cases involve solvents and dry cleaning chemicals. The proposed project is located on a site (315, 401, 411, 421 Airport Blvd, 401-407 Cypress Ave, 204 Miller Ave) included on a list of hazardous materials sites compiled by the State Water Resources Control Board Geotracker database (www.geotracker.waterboards.ca.gov, viewed November 13, 2015). The site assessment was open as of July 15, 2015 and identifies potential contaminants of concern in the aquifer that would be a potential concern for the drinking water supply and indoor air. As discussed in the City’s General Plan, the location of existing hazardous materials cases near future proposed development would be identified during the development approval process (South San Francisco 1999, Health and Safety Element). Redevelopment or development would be required to comply with all applicable regulations for remediation of hazards, such as compliance with appropriate guidelines of the regional Underground Storage Tank Program. Compliance with existing regulations would reduce impacts related to listed hazardous materials sites to a less-than-significant impact and would be consistent with the analysis of the DSASP program EIR. e. & f. The project area is located approximately 0.75 miles north of the San Francisco International Airport (SFIA). The DSASP area is located outside of all airport Safety Compatibility Zones. However, the DSASP area is located within Airport Influence Area B and is subject to Federal Aviation Administration notification requirements (see Exhibit IV 10 [FAA Notification Form 7460—Filing Requirements, of the Comprehensive Airport Land Use Plan for the Environs of San Francisco International Airport]) (C/CAG 2012). The maximum building height allowed in the DSASP area (120 feet) would be below 163.2 feet, which is the lowest obstruction standard in the DSASP area (see Exhibit IV 14, 14 Code of Federal Regulations Part 77 Airport Imaginary Surfaces – North Side, of the Comprehensive Airport Land Use Plan for the Environs of San Francisco International Airport). Additionally, all future development under the DSASP would be subject to review for compatibility with the Comprehensive Airport Land Use Plan for SFIA. Consistent with CFR Part 77, developers proposing structures taller than the notification elevations identified in Exhibit IV-10 of the Comprehensive Airport Land Use Plan would be required to file a notification with the FAA at least 30 days before the proposed start of construction. Most of the DSASP area, 22 15 including the proposed project sites, is located in area that requires notification for buildings taller than 100 feet. Coordination with the FAA would ensure that a significant safety hazard would not occur. There are no private airstrips within 2 miles of the DSASP area. Therefore, implementation of the proposed project would not result in a safety hazard for people residing or working in the project vicinity, consistent with the analysis of the DSASP program EIR. g. Construction activities associated with development under the DSASP could potentially affect emergency response or evacuation plans due to temporary construction barricades or other obstructions that could impede emergency access on site. However, SFFMC Section 11.16.170 prohibits road closures or obstructions without approval by the chief of police. Coordination with the chief of police would ensure that adequate emergency access is maintained during construction. As a result, the proposed project would be required to comply with the SSFMC and not impair or interfere with emergency plans, and the project is consistent with the analysis of the DSASP program EIR. h. The project site is located in a downtown urban environment not adjacent to wildlands and therefore would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires. This is consistent with the analysis of the DSASP program EIR. IX. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures that would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Documentation: a. - d. To comply with the Clean Water Act (CWA), San Mateo County and the twenty cities and towns in the County, including the City of South San Francisco, formed the San Mateo Countywide STOPPP. STOPPP holds a joint municipal NPDES permit from the San Francisco Bay Regional Water Quality Control Board (RWQCB). The permit includes a comprehensive plan to reduce the discharge of pollutants to creeks, San Francisco Bay, and the ocean to the maximum extent possible. The San Mateo Countywide STOPPP has a Site Design Standards Checklist to evaluate proposed projects against guidelines intended to reduce stormwater pollution; this checklist will be completed and required by the Water Quality Division and is included as a Condition of Approval. Construction activities would continue to be required to comply with the NPDES general permit for construction activities, 23 16 pursuant to which BMPs would be implemented to control stormwater during construction, including silt fences, watering for dust control, straw bale check dams, hydroseeding, and other measures. Colma Creek is the City’s main natural drainage system. A small area along the southern boundary of the DSASP area is adjacent to Colma Creek; however, Colma Creek does not intersect the DSASP area at any point and future development of the proposed project would not alter the course of Colma Creek or any other waterway. Surface and stormwater runoff from the DSASP area is collected by the City’s storm drainage system. The existing storm drainage system in the project area is designed to accommodate flows from urbanized development and takes into account the high ratio of impervious surfaces in the area. The proposed project would remove existing buildings on the site and redevelop the area with similar uses. The ratio of impervious surface area would be similar to existing conditions, thereby not increasing runoff or stormwater flows over existing conditions. During construction, erosion and run-off would be controlled through required compliance with the NPDES general permit for construction activities, including preparation of a Storm Water Pollution Prevention Plan. Compliance with existing regulations would ensure that the project is consistent with the analysis of the DSASP program EIR and would not violate any water quality standards or waste discharge requirements. e. Redevelopment under this project would require new drainage structures and localized on-site storm drain systems. This project proposes a new storm drain system to accommodate anticipated runoff and sizing will be directed by the Engineering Division, as appropriate during the Building Permit process. The San Mateo Countywide STOPPP has a Site Design Standards Checklist to evaluate proposed projects against guidelines intended to reduce stormwater pollution. This project will be required to conform to those provisions and the development would be required to comply with all applicable regulations pertaining to water quality. Compliance with existing regulations would ensure that the project is consistent with the analysis of the DSASP program EIR and would not violate any water quality standards or waste discharge requirements. f. With implementation of the San Mateo Countywide Stormwater Pollution Prevention Plan (SWPPP) as part of both the NPDES permit program, project construction would result in no degradation of existing water quality. Furthermore, operation of the proposed project would not generate any foreseen uses that would substantially degrade water quality. The proposed project is in compliance with all applicable regulations, as evaluated by the DSASP program EIR and as a result, no additional water quality impacts are anticipated with implementation of this project. h. - j. Portions of the DSASP area east of US 101, north of Armour Avenue, and south of 2nd Lane are within the 100- year flood hazard area but the proposed project is not within this portion of DSASP (California Department of Water Resources 2013). No residences are proposed east of US 101; therefore, no impact would occur in this area. However, high-density residential land use would be accommodated within the 100-year flood hazard area north of Armour Avenue and south of 2nd Lane. However, consistent with General Plan Policy 8.2 I 2, the City would ensure as part of the development review process that proposed development in the 100-year flood hazard area would provide adequate flood protection. Further, because the project area is already developed, redevelopment of the DSASP area within the 100-year flood hazard area would not result in the introduction of new structures in undeveloped floodplain areas that would substantially impede or redirect flood flows. The project is consistent with the analysis of the DSASP program EIR. The project area is not located in a potential dam failure inundation area (ABAG 2003). A 1.5-million-gallon storage reservoir located on the top of San Bruno Hill poses the greatest risk of seiche hazards in the DSASP area. However, because the reservoir holds a relatively small volume of water, water released during seiching would be largely absorbed in the vegetated hillsides. Because the hillsides are not very steep, the flow of water would not be rapid. Also, water would drain away from the hill instead of ponding and resulting in high water levels. Thus, seiche inundation impacts are considered to be less than significant in the project area. The project area is not located in an area at risk for tsunami inundation; therefore, a significant impact related to tsunamis would not occur (California EMA et al. 2009). The potential for inundation by mudflow is considered low because the DSASP area does not contain steep slopes. Hillsides surrounding the DSASP area are covered by development and/or landscaping. Rainfall onto these areas would encounter vegetation or impervious surfaces, and would not pose a risk of causing saturated soil to loosen and flow downhill. Thus, there would be no mudflow inundation impact on the DSASP area, as evaluated in the DSASP program EIR. 24 17 X. LAND USE AND PLANNING -- Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Documentation: a. The DSASP program EIR (p. 4.5-10) concludes that implementation of the DSASP would reinforce, with no substantial change in, established community-wide land use patterns. The EIR also concludes that the DSASP land use characteristics, provisions, and development standards would result in beneficial land use effects. The DSASP has been incorporated into the City’s General Plan and Zoning Ordinance. The proposed project is consistent with the DSASP standards and zoning regulations and as a result, no further analysis is required. b. The project would not conflict with any applicable land use plan, policy, or regulation of agencies with jurisdiction over the project (DSASP program EIR p. 4.5-11). The project complies with all applicable DSASP standards, guidelines, and regulations. The applicant will be requesting a Conditional Use Permit to reduce or modify some requirements consistent with the City’s adopted Zoning Ordinance. Overall density for this project will be consistent with the standards set forth in SSFMC 20.280 at 120 dwelling units per acre with the development of Parcels A, B, & C and 80 dwelling units per acre for development of Parcel D (309 Airport Blvd.). The DSASP would yield significant amounts of new residential and employment uses in the DSASP area, where development potential would be determined by applying the land use, density and intensity assumptions to land within each district. For the purposes of the DSASP and for assessing environmental impacts associated with the plan, it has been assumed that only 25 percent of parcels in the DSASP area would be developed within the plan’s 20-year timeframe. Assuming only 25 percent of the parcels within the DSASP area would be redeveloped over the approximate 20-year timeframe of the plan, the DSASP has the potential to add 1,435 units of residential uses to the existing 1,426 units in the area, for a total of 2,861 residential units in the proximity of the Caltrain station. Additionally, the DSASP has the potential to add a maximum of 1.2 million sf of new office/R&D uses, which represents as many as 2,400 or more jobs added to the City. This project represents 272 new residential units, which will bring the cumulative total to fewer than 500 total new residential units within the DSASP area since adoption in January, 2015. As a result, no potentially significant land use or planning impacts are anticipated and no further analysis beyond the DSASP program EIR is necessary. c. There is no adopted Habitat Conservation Plan, Natural Communities Conservation Plan, or other approved local, regional, or state habitat conservation plan that is applicable to the DSASP area and the project remains consistent with the analysis of the DSASP program EIR. XI. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Documentation: a. & b. No significant mineral deposits are identified in the DSASP area (DSASP program EIR p. 5-7). The project site within the DSASP does not contain valuable or locally important mineral resources, nor will it consume extraordinary amounts of mineral resources. Therefore, project implementation would not create an impact on mineral resources, consistent with the analysis of the DSASP program EIR. 25 18 XII. NOISE – Would the project: a) Expose persons to or generate noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Expose persons to or generate excessive ground-borne vibration or ground- borne noise levels? c) Result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) Result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, expose people residing or working in the project area to excessive noise levels? Documentation: a.- b. Noise in South San Francisco is regulated by the City’s Noise Ordinance (Chapter 8.32 of the Municipal Code). In addition, the Noise Element of the City’s General Plan enumerates noise policies. More specifically, excessive and unreasonable noise levels are defined as noise levels generated by construction activities, including demolition, alteration, repair or remodeling of existing structures, and construction of new structures, on property within the City, at more than 90 decibels (dB) measured at any point within a residential district of the City and outside of the plane of the property. Therefore, construction noise is required to be less than 90 dB within residential districts and no construction noise is permitted between the hours of 8:00 PM and 8:00 AM the following day. The General Plan requires all exterior noise sources (construction operations, air compressors, pumps, fans, and leaf blowers) to use available noise suppression devices and techniques to bring exterior noise down to acceptable levels compatible with adjacent land uses. The primary sources of noise from the project would be temporary construction noise and operational noise. Construction noise is largely a function of the construction equipment used, the location and sensitivity of nearby land uses, and the timing and duration of the noise-generating activities. Construction noise levels would vary depending on construction phase, equipment type and duration of use, distance between noise source and receptor, and presence or absence of barriers between noise source and receptor. All noise-generating construction activities are anticipated to be conducted on weekdays between the hours of 8:00 AM and 8:00 PM in accordance with City requirements, which require noise suppression devices to reduce noise levels below 90 dB. The DSASP program EIR (pp. 4.6-14 through 4.6-16) concluded that new DSASP-facilitated multifamily residential development could be exposed to noise levels exceeding City guidelines and State Title 24 standards, resulting in a potentially significant impact. Mitigation Measure MM4.6-3 states that a noise study consistent with the requirements of the California Building Code shall be conducted for new multifamily residential projects, and noise reduction measures necessary to achieve compatibility with the City’s Noise Element guidelines and Title 24 standards (45 dBA CNEL within residential units) shall be incorporated into the project. This measure, which shall be required as a condition of approval for the project, would reduce the potential noise impacts on the project to a less-than-significant level and has been adequately addressed by the DSASP program EIR. The DSASP program EIR (pp. 4.6-18 through 4.6-19) also identified potentially significant intermittent vibration impacts for residential projects located within 100 feet of the centerline of the Caltrain railroad tracks. The proposed project site is located near the Caltrain tracks right-of-way. Therefore, Mitigation Measure MM4.6-5 shall be required as a condition of approval for the project and would reduce the potential ground-borne vibration impacts on the project to a less-than significant level. The mitigation requires a detailed, site-specific vibration study that demonstrates that ground-borne vibrations associated with rail operations either: (1) would not exceed applicable Federal Transit Administration (FTA) ground-borne vibration impact assessment criteria or (2) can be reduced to below the applicable FTA criteria thresholds through building design and construction measures (e.g., 26 19 stiffened floors, modified foundations). By imposing this condition, the City is implementing existing, not new, mitigation; therefore, the project remains consistent with the analysis of the DSASP program EIR c. The DSASP program EIR (pp. 4.6-20 through 4.6-21) concluded that permanent noise levels from DSASP development would increase primarily due to new traffic patterns, new commercial development next to or below residential development, and site-specific sources such as mechanical equipment. The addition of project traffic from buildout of the entire DSASP (up to 1,400 new units) would result in an increase in noise levels of up to 3 dBA for two roadway segments in the DSASP area, however, those segments are not located adjacent to this proposed project and this project represents only a fraction of the total expected units within the DSASP area. Therefore, project- related impacts associated with increases in traffic noise will not have an impact and have been adequately addressed by the DSASP program EIR. d. The DSASP program EIR (p. 4.6-22) concluded that potentially significant temporary noise and vibration impacts could be generated by demolition and construction activities in the DSASP area. Construction of land uses accommodated by the DSASP area would not take place all at once, and would be spread throughout the DSASP area so that limited receptors would be exposed to construction noise at any given time. Under SSFMC Section 8.32.050(d), construction activities are limited to between the hours of 8:00 AM to 8:00 PM on weekdays, 9:00 AM to 8:00 PM on Saturdays, and 10:00 AM to 6:00 PM on Sundays and holidays, or as authorized by the construction permit. Construction noise that occurs during these hours is exempt from the noise level limits established in the City’s Noise Ordinance because these hours are outside of the recognized sleep hours for residents and outside of evening and early morning hours and time periods where residents are most sensitive to exterior noise. Consequently, the City considers impacts resulting from construction noise during these hours to be less than significant. Project construction would be required to comply with all applicable City ordinances, including limits on construction hours. Therefore, impacts related to construction noise would be less than significant, and no further mitigation is required, as analyzed in the DSASP program EIR. e. & f. The DSASP area is located approximately 0.75 miles from the SFIA. Due to distance and the orientation of the airport runways, the DSASP area is not located within the 65 dBA CNEL noise contour of the SFIA (C/CAG 2012). Noise levels of 65 dBA CNEL and below are considered compatible with residential land uses in the City’s General Plan (South San Francisco 1999, Noise Element). Additionally, the applicant has submitted a Noise Assessment Study for the proposed project and the consultant has determined the following: The analysis of the on-site sound level measurements indicates that the existing noise environment is due primarily to traffic sources on Highway 101, Airport Boulevard, and Miller Avenue. Aircraft operations at San Francisco International Airport do not significantly impact the sites. The results of the study indicate that the exterior noise exposures at the site are within the limits of the City‘s Noise Element. Noise mitigation for the exterior areas will not be required. The interior noise exposures will exceed the limits of the standards of Title 24. Noise mitigation measures for interior living spaces will be required (Noise Assessment Study for the Planned “Miller Ace” Multi- Family Development, Edward L. Pack Associates, Inc, June 26, 2015). To achieve compliance with the 45 dB CNEL limit of the Title 24, the following window controls will be required. In addition, general building shell controls are also recommended, as described in Appendix B and included below for reference. (Noise Assessment Study for the Planned “Miller Ace” Multi-Family Development, Edward L. Pack Associates, Inc, June 26, 2015). • Maintain closed at all times, all windows and glass doors of living spaces on the outer periphery of the buildings on Parcels A, C and D that face south, east or north. Install windows and glass doors with the Sound Transmission Class (STC) ratings indicated on Figures 2, 3, and 4 on pages 8, 9, and 10. • Provide some type of mechanical ventilation for all living spaces with a closed window condition. • Unshielded entry doors having a direct or side orientation toward the primary noise source must be 1-5/8" or 1-3/4" thick, insulated metal or solid-core wood construction with effective weather seals around the full perimeter. • If any penetrations in the building shell are required for vents, piping, conduit, etc., sound leakage around these penetrations can be controlled by sealing all cracks and clearance spaces with a non-hardening caulking compound. • Ventilation openings shall not compromise the acoustical integrity of the building shell. These measures, as suggested by the noise assessment study, will keep the project consistent with Title 24, the General Plan’s Noise Element, and the DSASP program EIR analysis. No further analysis is required and these recommendations shall be included as project conditions of approval. XIII. POPULATION AND HOUSING -- Would the project: 27 20 a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Documentation: a. With the adopted DSASP area plan, General Plan and Zoning amendments, construction of 272 new residential units and up to 805 new residents (2.96 persons per household) would be consistent with the General Plan, where additional population growth due to the higher-density areas within the DSASP area has been accounted for in future population growth projections for the City. Additionally, a higher employment rate has also been accounted for in the General Plan. Therefore, the proposed project is consistent with all governing documents and policies regulating the City and would not exceed the build-out estimated population of the amended General Plan. Thus, the impacts from direct population growth as a result of new housing units with this project would be consistent with the DSASP program EIR and no further analysis is required. The DSASP provides for infill development that makes maximum use of existing infrastructure. The DSASP area is located in the center of a dense urban area, and implementation of the DSASP would not include extension of the existing infrastructure, only site-specific infrastructure upgrades as needed. The proposed project is consistent with this evaluation from the DSASP program EIR and no further analysis is required. b. & c. The DSASP program EIR (pp. 4.7-11 through 4.7-12) concluded that the DSASP, and projects facilitated by it, would not result in significant displacement impacts. Implementation of the DSASP would not displace significant numbers of residents or residential units necessitating construction of replacement housing elsewhere. Most new development would occur on commercial or vacant sites. Additionally, the DSASP accommodates higher density residential development that could support any affordable housing units lost through redevelopment in the DSASP area. As a result, the proposed project would not displace substantial numbers of people or existing housing units necessitating the construction of replacement housing elsewhere. Furthermore, the residential building on the project site is unoccupied (a portion of the development site once included a total of 21 units but is currently vacant), and the project proposes 272 new residential units, for a net gain of 251 residential units. No need for replacement housing would be necessitated by the project and the project is consistent with the DSASP program EIR analysis. XIV. PUBLIC SERVICES -- Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Documentation: a. The City has implemented a Public Safety Impact Fee (2012) for all new development. This fee is intended to fund improvements in infrastructure or public services necessitated by new development. All development pursuant to the 28 21 DSASP would be required to pay this fee. However, construction of new fire facilities is not expected as a result of this project as the DSASP program EIR has evaluated that current provision is adequate. Further reducing impacts to fire services, all development pursuant to the DSASP would be required to comply with provisions of the California Building Code and Fire Code pertaining to fire protection systems and equipment, general safety precautions, and many other general and specialized fire safety requirements for new and existing buildings and premises, including emergency access provisions (see SSFMC Sections 15.08.010 and 15.24.010, adopting the CBC and California Fire Code). Compliance with Municipal Code requirements and payment of Public Safety Impact Fees will ensure that this project is consistent with the DSASP program EIR analysis and no further action is required. XV. RECREATION – Would the project: a) Result in an increased use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Include recreational facilities, or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Documentation: a. It is expected that existing facilities serving the DSASP area would satisfy most if not all of the park and open space needs generated by the DSASP buildout, including this project proposal. More specifically, Orange Memorial Park and Centennial Way, along with 218 total acres of parks and open space, averaging 3.4 acres per 1,000 residents provides a wide range of regional facilities available for the residents of the City. In addition to Orange Memorial Park and Centennial Way, there are a wide variety of City, County, educational, and private recreational facilities within the City. Also, the DSASP program EIR (p. 4.9-8 through 4.9-9) concluded that there would be no significant parks and recreation impacts resulting from the DSASP or projects built under it. Additionally, upon build-out of the DSASP, a network of new open space opportunities is anticipated that will further serve the entire DSASP area, and new development within the DSASP may be required to pay in-lieu fees to support increases in population. The proposed project will be in compliance with all applicable DSASP regulations, as approved with the entitlements request, and as a result, is consistent with the DSASP program EIR analysis. b. The project would include private recreational facilities (e.g., fitness center) but does not require the construction or expansion of public recreational facilities. As a result, the project would not have an adverse physical effect on the environment related to recreational facilities and is covered by the analysis of the DSASP program EIR. XVI. TRANSPORTATION/TRAFFIC -- Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses? 29 22 e) Result in inadequate emergency access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Documentation: a. & b. The DSASP program EIR (pp. 4.10-61 through 4.10-68) identified significant and unavoidable impacts at five area intersections, as well as impacts on freeway segments, freeway ramps, and transit service. Mitigations were suggested by the EIR, but the South San Francisco City Council determined that such impacts could not be avoided even with the incorporation of these measures, and that no other feasible mitigations or alternatives would avoid or lessen the impacts. Consequently, the City adopted a Statement of Overriding Considerations for the DSASP program EIR on January 28, 2015 that weighed new development benefits against potential impacts and determined that significant and unavoidable impacts to transportation/traffic was in the City’s best interests. The proposed project is in compliance with all applicable DSASP regulations, and as a result, would not create any additional transportation or traffic impacts in excess of those addressed by the DSASP program EIR and Statement of Overriding Considerations. A supplemental traffic analysis prepared by Hexagon (Miller Cypress Residential Project Traffic Study; Hexagon Transportation Consultants, Inc; November 6, 2015) identified that no impacts are anticipated for any of the 11 intersections analyzed with mitigation measures in the DSASP program EIR. The City Engineer has peer reviewed and determined that no further traffic analysis is required. c. The project would not result in a change in air traffic patterns at San Francisco International Airport or any other airport, including either an increase in air traffic levels or a change in location that results in substantial safety risks. d. The project, as proposed, would operate within the existing roadway system and proposes pedestrian safety enhancements to reduce pedestrian hazards. Additionally, the supplemental traffic analysis prepared by Hexagon (Miller Cypress Residential Project Traffic Study; Hexagon Transportation Consultants, Inc; November 6, 2015) evaluated on-site circulation to determine safety concerns and was peer-reviewed by the Engineering Division. The analysis summarized the following recommendations, which shall be required as conditions of approval for the project: (1) A review of the site plans for the proposed project for parcels A, C and D showed that adequate circulation would be provided on site. The site plans do not show any loading zones. The project should provide designated areas along the project frontage for moving/delivery trucks and also for emergency/fire access in accordance with the requirements of the zoning ordinance. (2) The project would provide adequate parking on site. Where tandem parking spaces are provided, the parking code requires that the total number of tandem parking spaces should be less than 50% of the total required parking spaces. The total number of tandem parking spaces is less than 50% of the total required parking spaces, thus meeting the parking code. The compact parking spaces would not be problematic and should be marked as compact spaces. (3) A review of the parking stall dimensions showed that the tandem parking spaces do not meet the code. The code requires that where tandem parking spaces are provided, the tandem parking bay should measure at least 10 feet by 40 feet. The tandem parking bays shown on the site plans measure 8.5 feet by 34 feet. These dimensions would be adequate provided the tandem bays are assigned to residents with one full-size and one compact vehicle. The applicant also submitted a supplemental traffic analysis prepared by Hexagon (Miller Avenue Residential Project, South San Francisco Impact on Tamarack Lane; Hexagon Transportation Consultants, Inc; December 28, 2015) that evaluated neighborhood concerns about traffic circulation on Tamarack Lane for the proposed townhomes on Parcel C. The analysis identified that new traffic would result in a minor increase in new vehicles during the peak AM and PM hours and given the one-way design of Tamarack Lane, would not result in any traffic queuing or any significant impacts on Tamarack Lane. e. The proposed project would utilize the existing roadways in the vicinity. The project design would be required to comply with all applicable City codes and regulations pertaining to emergency access, as well as fire protection and security. In addition, all buildings would (1) include a sprinkler system; (2) Knox key box for each building with 30 23 access keys to entry doors, electrical/mechanical rooms, elevators, and others to be determined; and (3) maps mounted at entry gates for rapid orientation while responding to emergencies. Additionally, The City has implemented a Public Safety Impact Fee (2012) for all new development. This fee is intended to fund improvements to infrastructure or public services necessitated by new development to ensure adequate emergency access. f. Implementation of the proposed project would not require on- or off-site improvements that would conflict with existing policies, plans, or programs that support alternative transportation. The project site is located less than one-quarter mile from a regional rail station (Caltrain) and bus depot (SamTrans). In addition, the proposed project would support both bike and pedestrian usage consistent with the DSASP, including secure bike parking and sidewalk improvements and landscaping, public bike racks, and a repainted Class II bicycle lane. Moreover, as part of the proposed project, four new bulb outs and pedestrian crossings would be constructed at the intersection of Miller Avenue and Cypress Avenue, thereby improving pedestrian access to shopping, transit and amenities, and to the downtown area as a whole. As a result, the proposed project would not have an impact on alternative transportation modes, consistent with the analysis of the DSASP program EIR. XVII. UTILITIES AND SERVICES SYSTEMS -- Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment or distribution facilities, or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of a new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves the project area that it does not have adequate capacity to serve the project area’s projected demand in addition to the provider’s existing commitments? f) Be served by a landfill with insufficient permitted capacity to accommodate the project’s solid waste disposal needs? g) Fail to comply with federal, state, and local statutes and regulations related to solid waste? Documentation: a. The DSASP program EIR (p. 4.11-30) concluded that the South San Francisco/San Bruno Water Quality Control Plant, located in South San Francisco, would ensure that the wastewater facility is able to continue to meet or exceed the wastewater treatment requirements established for it by the RWQCB, even with the additional wastewater generated by development permitted under the DSASP. b. The DSASP program EIR (pp. 4.11-21 through 4.11-24) concluded that development occurring under the DSASP would not necessitate the construction or expansion of water or wastewater treatment facilities. See items (d) and (e) below for further explanation. c. The DSASP program EIR (pp. 4.11-21 through 4.11-24) concluded that no significant increase in storm water runoff was anticipated to be created by the DSASP or DSASP-facilitated development. Furthermore, each project is required to submit documentation consistent with the State and County Water Pollution Prevention Program requirements, which are peer reviewed by the Water Quality Division of the City’s Department of Public Works. The project’s main buildings on Parcel A and D, as proposed, are expected to qualify for a 100 percent exemption under Special Project Category “C” (Transit-Oriented Development [TOD] Project) of the San Mateo County Water Pollution Prevention Program, which means that the project would be 100 percent exempt (in storm drainage volume) from County low impact development (LID) requirements because the project: (1) is within ¼-mile of a transit hub; (2) has a minimum density of 100 dwelling units per acre (project density would be approximately 120 units per acre); and (3) would contain no surface parking. The result would be that up to 100 percent of the project 31 24 site’s impervious surface runoff could be treated with media filter devices approved by the Bay Area Stormwater Management Agencies Association (BASMAA). This proposed exemption is subject to City review and approval. The remaining project development (Parcels B and C) are subject to on-site stormwater treatment consistent with the San Mateo County Water Pollution Prevention Program and have proposed appropriate on-site treatment measures. The project, as proposed, would also expand the storm drain facilities on Miller Avenue to serve the project. The project would be subject to this requirement as a condition of project approval. Therefore, impacts of this project on stormwater runoff and facilities would be less than significant and consistent with the analysis of the DSASP program EIR. d. The City of South San Francisco is served by the Cal Water’s South San Francisco District. Cal Water obtains water from a purchasing agreement with San Francisco Public Utilities Commission (SFPUC), which is supplied by local surface water sources within its Regional Water System, and from its own groundwater sources. Future area water supplies would be delivered through existing City supply facilities and new water infrastructure constructed for delivery into specific project sites. Adequate delivery was identified within the DSASP program EIR (p. 4.11-24) for all anticipated new development within the DSASP area, therefore this project is consistent with the DSASP program EIR analysis. e. Sewage and wastewater generated within the City is collected through the City’s sewer system and is disposed of and treated at the South San Francisco/San Bruno WQCP. The sanitary sewer system has an interconnecting network of approximately 12 miles of 6-inch to 30-inch-diameter gravity sewer mains, force mains, and twelve pump stations, which function together to bring wastewater from individual homes and businesses to the WQCP. Some pump stations act as tributaries to a few stations that handle most of the wastewater from large portions of the community. Chapter 14 of the South San Francisco Municipal Code ensures the future health, safety, and general welfare of the City and provides regulations for the City’s wastewater collection and treatment system. Wastewater generation is correlated with water usage and continued water conservation practices would reduce the volume of wastewater generated. New developments such as this project would be required to comply with all provisions of the NPDES program as well as all applicable wastewater discharge requirements issued by the San Francisco Bay Area Regional Water Quality Control Board. The City of South San Francisco would maintain local sewer lines and perform upgrades on an as-needed basis. It is anticipated that the increased flows from development under the DSASP, including this project, would not result in required upgrades to the reclamation plants, and the project is consistent with the DSASP program EIR analysis. f. & g. Project construction would comply with all applicable solid waste regulations and land fill capacity exists for future DSASP buildout. Solid waste disposal and recycling in the City of South San Francisco is regulated by the City’s SSFMC, particularly Chapters 8.16 and 8.28. Under the SSFMC, future development would be required to have its solid waste, including construction and demolition debris, and recyclable materials collected by the Scavenger Company. Additional health and sanitation requirements set forth in the SSFMC would be met by the Scavenger Company. The proposed project would comply with federal, state, and local statutes and regulations related to solid waste, and is consistent with the DSASP program EIR analysis. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable (“cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? 32 25 Documentation: a. Based on the preceding discussion and the program EIR prepared for the DSASP, including mitigation measures, it has been determined that the proposed project is consistent with the analysis of the DSASP program EIR and would not degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. b. According to CEQA Guidelines Section 15355, “Cumulative impacts refer to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts.” “Cumulatively considerable” means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. The potential cumulative impacts of the project have been considered for each environmental topic evaluated above. Given the relatively short-term nature of the project’s construction schedule, and the fact that the proposed project would serve an existing community within an urbanized area consistent with the adopted DSASP, the project is not anticipated to have any cumulatively considerable impacts beyond those identified and analyzed in the DSASP program EIR. c. The project would not have environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly, beyond those previously identified and analyzed in the DSASP program EIR. 2599407.1 33 MILLER-CYPRESS SSF PARCELS A, B, C, AND D+ TAC AND GHG EMISSIONS ASSESSMENT South San Francisco, CA November 11, 2015 Prepared for: Ken Busch SARES|REGIS REGIS -HOMES 901 Mariners Island Blvd #700 San Mateo, CA 94404 Prepared by: James A. Reyff and William Popenuck 1 Willowbrook Court, Suite 120 Petaluma, CA 94954 (707) 794-0400 I&R Project# 15-112 34 1 Introduction The purpose of this report is to address air quality community risk impacts associated with the Miller-Cypress Parcels A, B, C, and D+ Residential Project in South San Francisco, California. The project would construct apartments and parking at four separate parcels near Miller Avenue. Parcel A will construct 160 apartments on a 1.04-acre site with about 74,000 square feet of unenclosed parking. The project site is currently an abandoned car dealership and parking lot. Parcel B would reconstruct a parking lot on a 0.2-acre site. Parcel C would construct 12 apartments and parking on a 0.4-acre site. Finally, Parcel D would include 100 new apartments with an unenclosed parking structure on a 0.5-acre site. These projects are all in close proximity to each other and are subject to air quality mitigation measures associated with the South San Francisco Downtown Station Area Specific Plan EIR. This analysis addresses the mitigation requirements. Specifically: 1. Mitigation Measure MM4.2-1 requires the emissions modeling of construction activities to identify appropriate mitigation measures to reduce emissions below the significance criteria; 2. Mitigation Measure MM4.2-2 requires quantification of operational emissions to demonstrate that adequate measures have been identified to reduce project emissions; and 3. Mitigation Measure MM4.2-3 requires a health risk assessment that assesses the impacts of air pollution sources that could affect the project’s residents and, if necessary, identify appropriate measures to reduce the potential health risk to below significant level. To address these mitigation measures, the following analyses were conducted: Evaluate Construction Activities (MM4.2-1) Construction air quality impacts were addressed by predicting construction period emissions and health risk impacts to nearby sensitive receptors and identifying measures to control emissions. These projects are near residences, so a health risk assessment was conducted. This involved emissions modeling using CalEEMod and dispersion modeling using the EPA’s AERMOD model and hourly meteorological data collected at the San Francisco International Airport and obtained from the California Air Resources Board (CARB). The excess cancer risks, associated with modeled construction period diesel particulate matter concentrations were computed following Bay Area Air Quality Management District (BAAQMD) risk management policy guidance. In addition, non-cancer hazards and fine particulate matter (PM2.5) concentrations were also predicted. This analysis was conducted for each of the three sites and the maximum impact from the combined construction of all sites was identified. Operational Emissions (MM4.2-2) The same CalEEMod model runs to predict construction emissions would be used to predict operational air pollutant emissions from the proposed project. These emissions would be 35 2 compared against significance thresholds, and if necessary, emissions reduction measures would be identified. Exposure to Sources of Toxic Air Contaminants (MM4.2-3) The project sites are located near several sources of toxic air contaminants that include U.S. Highway 101, the Caltrain rail line, Airport Boulevard, and several stationary sources permitted by BAAQMD. The following analysis was conducted to address these sources: • The EMFAC2011 emission factor model and the Cal3qhcr dispersion model along with hourly meteorological data from San Francisco International Airport and obtained from BAAQMD was used to model impacts associated with traffic on U.S. Highway 101. The BAAQMD Roadway Screening Analysis Calculator was used to assess impacts from the local busy roadways, which are Airport Boulevard and Grand Avenue. • EPA emissions factors for diesel train locomotives and the AERMOD dispersion model along with hourly meteorological data collected at the San Francisco International Airport and obtained from the CARB was used to model impacts associated with nearby train activity. • The BAAQMD Stationary Source Screening Analysis Tool, along with BAAQMD’s appropriate Distance Multipliers were used to address impacts from nearby stationary sources affecting any of the sites. • The maximum single-source and cumulative source health risk impacts were computed at the location where the maximum impacts occur; otherwise known as the maximum effected individual or MEI. Summary of Findings In response to Mitigation Measure MM4.2-1, a measure to reduce construction exhaust emissions was developed to ensure localized construction emissions do not lead to significant health risk impacts. This measure applies only to construction at Parcel C: No additional project measures were identified to meet Mitigation Measure MM4.2-2 or Mitigation Measure MM4.2-3. Implement the following measures to minimize emissions from diesel equipment: 1. All diesel-powered off-road equipment larger than 50 horsepower and operating at the site for more than two days continuously shall meet U.S. EPA particulate matter emissions standards for Tier 2 engines or equivalent and 2. All portable pieces of construction equipment (i.e., air compressors, cement mixers, concrete/industrial saws, generators, and welders) meet U.S. EPA particulate matter emissions standards for Tier 4 engines or equivalent. 3. Avoid staging equipment adjacent residences. 36 3 Setting Air Pollutants The project is located in San Mateo County that is part of the San Francisco Bay Area Air Basin. Ambient air quality standards have been established at both the State and federal level. The Bay Area meets all ambient air quality standards with the exception of ground-level ozone, respirable particulate matter (PM10), and fine particulate matter (PM2.5). High ozone levels are caused by the cumulative emissions of reactive organic gases (ROG) and nitrogen oxides (NOx). These precursor pollutants react under certain meteorological conditions to form high ozone levels. Controlling the emissions of these precursor pollutants is the focus of the Bay Area’s attempts to reduce ozone levels. The highest ozone levels in the Bay Area occur in the eastern and southern inland valleys that are downwind of air pollutant sources. High ozone levels aggravate respiratory and cardiovascular diseases, reduced lung function, and increase coughing and chest discomfort. Particulate matter is another problematic air pollutant of the Bay Area. Particulate matter is assessed and measured in terms of respirable particulate matter or particles that have a diameter of 10 micrometers or less (PM10) and fine particulate matter where particles have a diameter of 2.5 micrometers or less (PM2.5). Elevated concentrations of PM10 and PM2.5 are the result of both region-wide (or cumulative) emissions and localized emissions. High particulate matter levels aggravate respiratory and cardiovascular diseases, reduce lung function, increase mortality (e.g., lung cancer), and result in reduced lung function growth in children. Toxic Air Contaminants (TACs) TACs are a broad class of compounds known to cause morbidity or mortality (usually because they cause cancer) and include, but are not limited to, the criteria air pollutants. TACs are found in ambient air, especially in urban areas, and are caused by industry, agriculture, fuel combustion, and commercial operations (e.g., dry cleaners). TACs are typically found in low concentrations, even near their source (e.g., diesel particulate matter near a freeway). Because chronic exposure can result in adverse health effects, TACs are regulated at the regional, State, and federal level. Diesel exhaust is the predominant TAC in urban air and is estimated to represent about three- quarters of the cancer risk from TACs (based on the Bay Area average). According to the California Air Resources Board (CARB), diesel exhaust is a complex mixture of gases, vapors, and fine particles. This complexity makes the evaluation of health effects of diesel exhaust a complex scientific issue. Some of the chemicals in diesel exhaust, such as benzene and formaldehyde, have been previously identified as TACs by the CARB, and are listed as carcinogens either under the State's Proposition 65 or under the Federal Hazardous Air Pollutants programs. CARB has adopted and implemented a number of regulations for stationary and mobile sources to reduce emissions of diesel particulate matter (DPM). Several of these regulatory programs 37 4 affect medium and heavy duty diesel trucks that represent the bulk of DPM emissions from California highways. These regulations include the solid waste collection vehicle (SWCV) rule, in-use public and utility fleets, and the heavy-duty diesel truck and bus regulations. In 2008, CARB approved a new regulation to reduce emissions of DPM and nitrogen oxides from existing on-road heavy-duty diesel fueled vehicles.1 The regulation requires affected vehicles to meet specific performance requirements between 2014 and 2023, with all affected diesel vehicles required to have 2010 model-year engines or equivalent by 2023. These requirements are phased in over the compliance period and depend on the model year of the vehicle. This assessment includes the effects of these regulations. The BAAQMD is the regional agency tasked with managing air quality in the region. At the State level, the CARB (a part of the California Environmental Protection Agency [EPA]) oversees regional air district activities and regulates air quality at the State level. The BAAQMD has recently published California Environmental Quality Act (CEQA) Air Quality Guidelines that are used in this assessment to evaluate air quality impacts of projects.2 Sensitive Receptors There are groups of people more affected by air pollution than others. CARB has identified the following persons who are most likely to be affected by air pollution: children under 14, the elderly over 65, athletes, and people with cardiovascular and chronic respiratory diseases. These groups are classified as sensitive receptors. Locations that may contain a high concentration of these sensitive population groups include residential areas, hospitals, daycare facilities, elder care facilities, elementary schools, and parks. Project residents are considered sensitive receptors as well as residences near each of the project sites. 1 Available online: http://www.arb.ca.gov/msprog/onrdiesel/onrdiesel.htm. Accessed: November 21, 2014. 2 Bay Area Air Quality Management District. 2011. BAAQMD CEQA Air Quality Guidelines. May. 38 5 Significance Thresholds – Health Risks In June 2010, BAAQMD adopted thresholds of significance to assist in the review of projects under CEQA. These Thresholds were designed to establish the level at which BAAQMD believed air pollution emissions would cause significant environmental impacts under CEQA and were posted on BAAQMD’s website and included in the Air District's updated CEQA Guidelines (updated May 2011). The significance thresholds identified by BAAQMD and used in this analysis are summarized in Table 1. Table 1. Air Quality Significance Thresholds Pollutant Construction Thresholds Operational Thresholds Average Daily Emissions (lbs./day) Average Daily Emissions (lbs./day) Annual Average Emissions (tons/year) Criteria Air Pollutants ROG 54 54 10 NOx 54 54 10 PM10 82 82 15 PM2.5 54 54 10 CO Not Applicable 9.0 ppm (8-hour average) or 20.0 ppm (1- hour average) Fugitive Dust Construction Dust Ordinance or other Best Management Practices Not Applicable Health Risks and Hazards for New Sources Excess Cancer Risk 10 per one million 10 per one million Chronic or Acute Hazard Index 1.0 1.0 Incremental annual average PM2.5 0.3 µg/m3 0.3 µg/m3 Health Risks and Hazards for Sensitive Receptors (Cumulative from all sources within 1,000 foot zone of influence) and Cumulative Thresholds for New Sources Excess Cancer Risk 100 per one million Chronic Hazard Index 10.0 Annual Average PM2.5 0.8 µg/m3 Note: ROG = reactive organic gases, NOx = nitrogen oxides, PM10 = course particulate matter or particulates with an aerodynamic diameter of 10 micrometers (µm) or less, PM2.5 = fine particulate matter or particulates with an aerodynamic diameter of 2.5µm or less; and GHG = greenhouse gas. 39 6 Project Assessment MM4.2-1 Requirement - Project Construction Activity Construction equipment and associated heavy-duty truck traffic generates diesel exhaust, which is a known TAC. These exhaust air pollutant emissions would not be considered to contribute substantially to existing or projected air quality violations. Construction exhaust emissions may still pose health risks for sensitive receptors such as surrounding residents. The primary community risk impact issues associated with construction emissions are cancer risk and exposure to PM2.5. Diesel exhaust poses both a potential health and nuisance impact to nearby receptors. A health risk assessment of the project construction activities was conducted that evaluated potential health effects of sensitive receptors at these nearby residences from construction emissions of DPM and PM2.5.3 Emissions and dispersion modeling was conducted to predict the off-site concentrations resulting from project construction, so that lifetime cancer risks and non-cancer health effects could be evaluated. Construction Period Emissions Construction activity is anticipated to include demolition, grading and site preparation, trenching, building construction, and paving. Construction period emissions were modeled using the California Emissions Estimator Model, Version 2013.2.2 (CalEEMod) with model defaults for the project types and sizes. The proposed project land uses were input into CalEEMod were as follows: Parcel A – 1.04 acres 160 “Dwelling Unit Apartments Mid Rise” 74.07 “1000sqft Unenclosed Parking with Elevator” Parcel B – 0.20 acres 8.76 “1000 sqft Parking Lot” Parcel C – 0.40 acres 12 units “Dwelling Unit Apartments Mid Rise” 8.00 “1000 sqft Parking Lot” Parcel D – 0.52 acre 100 “Dwelling Unit Apartments Mid Rise” 58.42 “1000sqft Unenclosed Parking with Elevator” Construction of the project is expected to occur over several years beginning in 2016. Construction period emissions were modeled using CalEEMod along with the anticipated construction activity for each project. The number and types of construction equipment and diesel vehicles, along with the anticipated length of their use for different phases of construction, were based on a site-specific construction schedule provided for each project. The CalEEMod 3 DPM is identified by California as a toxic air contaminant due to the potential to cause cancer. 40 7 modeling included emissions from truck and worker travel. For computation of air pollutants, the default travel lengths were used in the modeling. For the on-site health risk assessment, travel was assumed to occur over a distance of 1 mile on or near the site (note that travel away from the site would not contribute to health risk impacts). Table 2 presents the construction period air pollutant emissions in total tons and pounds per average day. Construction of the project would begin in the third quarter of 2016 and last until the 4th quarter of 2019, or about 3 years. Assuming 20 days of construction per month, there would be 720 construction days. The average emissions per day were computed by dividing total emissions from construction of all parcels by 720 days. Emissions are below the significance thresholds; therefore, no additional mitigation measures are required for the project. Table 2. Project Average Daily Construction Air Pollutant Emissions Description ROG NOx PM10 Exhaust PM2.5 Exhaust* Parcel A emissions in tons 1.74 1.30 0.06 0.06 Parcel B emissions in tons 0.09 0.08 0.01 0.01 Parcel C emissions in tons 0.22 0.57 0.03 0.03 Parcel D emissions in tons 1.18 0.76 0.03 0.03 Average Daily Emissions (pounds per day)** 9.0 7.5 0.4 0.4 BAAQMD Thresholds (pounds per day) 54 54 82 54 Exceed Threshold? No No No No * Note that PM2.5 exhaust emissions include on-site construction equipment, off-site worker vehicle, vendor and truck traffic. Offsite traffic activity is not included in the health risk assessment of construction activity. ** Assuming 720 construction workdays The health risk assessment predicted concentrations of DPM and PM2.5 resulting from construction. The CalEEMod model provided total annual PM2.5 exhaust emissions (assumed to be DPM) for the off-road construction equipment and for exhaust emissions from on-road vehicles. The on-road emissions are a result of haul truck travel during demolition and grading activities, worker travel, and vendor deliveries during construction. As described above, a trip length of 1 mile was used to represent vehicle travel while at or near the construction site. It was assumed that these emissions from on-road vehicles traveling at or near the site would occur at the construction site. Fugitive PM2.5 dust emissions were also computed by CalEEMod. Dispersion Modeling The EPA AERMOD dispersion model was used to predict concentrations of DPM and PM2.5 concentrations at existing sensitive receptors (residences) in the vicinity of the project construction area. The AERMOD dispersion model is a BAAQMD-recommended model for use in modeling analysis of these types of emission activities for CEQA projects.4 The AERMOD modeling utilized two area sources for each project to represent the on-site construction emissions; one for exhaust emissions and one for fugitive dust emissions. To represent the 4 Bay Area Air Quality Management District (BAAQMD), 2012, Recommended Methods for Screening and Modeling Local Risks and Hazards, Version 3.0. May. 41 8 construction equipment exhaust emissions, an emission release height of 6 meters (19.7 feet) was used for the area source that represents exhaust emissions. The elevated source height reflects the height of the equipment exhaust pipes plus an additional distance for the height of the exhaust plume above the exhaust pipes to account for plume rise of the exhaust gases. For modeling fugitive PM2.5 emissions, a near-ground level release height of 2 meters (6.6 feet) was used for the area source. Emissions from the construction equipment and on-road vehicle travel were distributed throughout the modeled area sources. Construction emissions were modeled as occurring daily between 7 a.m. to 4 p.m., when the majority of construction activity would occur. Figure 1 shows the project site and nearby sensitive receptor (residences) locations where health impacts were evaluated. The modeling used an hourly meteorological data set from San Francisco International Airport that was obtained from CARB 5. Annual DPM and PM2.5 concentrations from construction activities during the 2016 – 2019 period were computed using the AERMOD model. DPM and PM2.5 concentrations were predicted at nearby sensitive receptor locations. Receptor heights of 1.5 meters (4.9 feet) and 4.5 meters (14.8 feet) were used to represent the breathing heights of residents in the first and second floor levels of nearby apartments and residences. The maximum-modeled DPM and PM2.5 concentrations for each construction site and the maximum from the combination of all construction sites are identified in Figure 1. Predicted Cancer Risk and Hazards Increased cancer risks were calculated using the maximum modeled concentrations and BAAQMD recommended risk assessment methods for infant exposure (3rd trimester through two years of age), child exposure, and for an adult exposure. The cancer risk calculations were based on applying the BAAQMD recommended age sensitivity factors to the TAC concentrations. Age-sensitivity factors reflect the greater sensitivity of infants and small children to cancer causing TACs. BAAQMD-recommended exposure parameters were used for the cancer risk calculations.6 Infant, child, and adult exposures were assumed to occur at all residences during the construction period. Combined Construction Risk Assessment In addition to construction of the project, there are other sources of TAC and PM2.5 emissions in the area and some of those are within 1,000 feet of the construction sites. These sources include: Local Roadway - Airport Boulevard. The BAAQMD Roadway Screening Analysis Calculator was used to assess impacts from the two local busy roadways, which are Airport Boulevard and Grand Avenue. The average traffic volume was computed by multiplying the peak-hour traffic volume by 10. For Airport Boulevard, this was 19,500 vehicles and for Grand Avenue, it was 5 CARB 2015. Processed meteorological data provided by the Air Quality Planning and Science Division processed and provided in a format specified by AERMOD. See http://www.arb.ca.gov/toxics/harp/metfiles2.htm#district 6 Bay Area Air Quality Management District (BAAQMD), 2010, Air Toxics NSR Program Health Risk Screening Analysis Guidelines, January. 42 9 12,130 vehicles 7. The roadway orientation and distance between the MEI receptor and the roadway were input to the calculator. The calculator provides the maximum excess lifetime cancer risk and annual PM2.5 concentration. U.S. 101 Traffic. The BAAQMD Google Earth Tool - Highway Screening Analysis Tool was used to predict impacts from the freeway at the construction MEI receptor. The link closest to the receptor was chosen and the results for the distance and direction most representative were used. Caltrain. Emissions and dispersion modeling were conducted to assess the impacts from Caltrain. The description for this modeling is described later in this report where this source was assessed for impacts to new project residents. Stationary Sources. The BAAQMD Google Earth Tool - Stationary Source Screening Analysis Tool was used to predict impacts from the freeway at the construction MEI receptor. Two stationary sources were identified within 1,000 feet of the project that pose excess cancer risk impacts. Both of these sources are gasoline stations. The BAAQMD Gasoline Dispensing Facility (GDF) Distance Multiplier Tool was used to adjust cancer risk values for the distance between the source and the MEI. Table 3 presents results of this health risk assessment for the maximally exposed individual (MEI) receptor for each construction site and the combination of all construction activities. Attachment 1 includes the emission calculations (i.e., CalEEMod Output) and source information used in the modeling and the cancer risk calculations. The cancer risk calculations assume an infant would be present at each receptor. Since the cancer risk calculations incorporate age sensitivity factors that are 10 times higher than adults and a higher breathing rate for infants, the cancer risk for infants is much higher than adults or children. These are reported as a worst-case condition. Under this scenario, construction of Parcel C would pose a significant cancer risk, while annual PM2.5 concentrations and non-cancer hazards would below significance thresholds. Additional project mitigation would be required for the construction of Parcel C, since the cancer risk from activities at Parcel C cause cancer risk in excess of 10 chances per million. 7 This is the “Existing Plus Project” traffic volume provided by Fehr & Peers. 43 10 Figure 1. Project Construction Site and Locations of Off-Site Sensitive Receptors and Maximum Cancer Risks 44 11 Table 3. Combined Construction Source Cancer Risks, PM2.5 Concentrations, and Hazard Index Source Cancer Risk (per million) PM2.5 Concentration (µg/m3) Acute and Chronic Hazard (HI) Proposed Project Construction MEI Max 21.2 0.17 0.03 Parcel A 6.2 0.05 <0.01 Parcel B 0.7 0.01 <0.01 Parcel C 21.2 0.15 0.03 Parcel D 5.5 0.06 0.01 Local Roadways – Airport Blvd. at 300 ft 1.7 0.04 <0.01 Local Roadways – Grand Ave at 700 ft 0.7 0.02 <0.03 U.S. 101 at 500 ft West <6.4 <0.3 <0.01 CalTrain <0.8 <0.01 <0.01 Stationary Source G11137 at 200 ft 1.1 0.00 <0.01 Stationary Source G9214 at 600 ft 0.5 0.00 <0.01 Total 32.4 0.54 <0.11 BAAQMD Thresholds 100 0.8 10.0 Significant? Yes No No Note: (1) Source 18401 misplaced on Google Earth Tool and is located beyond 1,000 feet. (2) Source 16678 has no risk or PM2.5 concentration associated with it. (3) Source 4316 and 14612 are dry cleaners that do not pose long- term risk and does not generate PM2.5 concentrations. (4) Cancer risk and maximum PM2.5 predicted at Parcel A which is closer to the MEI than U.S. 101 or Caltrain. Additional Construction Mitigation for MM4.2-1 Applies to Parcel C Implement the following measures to minimize emissions from diesel equipment: 1. All diesel-powered off-road equipment larger than 50 horsepower and operating at the site for more than two days continuously shall meet U.S. EPA particulate matter emissions standards for Tier 2 engines or equivalent and 2. All portable pieces of construction equipment (i.e., air compressors, cement mixers, concrete/industrial saws, generators, and welders) meet U.S. EPA particulate matter emissions standards for Tier 4 engines or equivalent. 3. Avoid staging equipment adjacent to residences. Implementation of these measures would substantially reduce on-site diesel exhaust emissions. The computed maximum excess child cancer risk would be 7.4 per million. Mitigation Measure MM4.2-2 Operational Air Pollutant Emissions This mitigation measure requires quantification of operational emissions to demonstrate that adequate measures have been identified to reduce project air pollutant emissions. The CalEEMod model that was used to compute operational air pollutant emissions was also used to 45 12 compute operational emissions. The model was run with default inputs for the project land use and types describe previously for the construction emissions. CalEEMod provided annual emissions in tons. These were divided by 365 days to compute average daily emissions. Key inputs to the model for computing operational emissions include the following: • Year = 2019, the first year that all project components could be fully constructed and operational; • Traffic = Default trip rates, trip types and trip lengths; • Area Sources = Default inputs, except no wood burning was assumed per BAAQMD regulations Table 4 reports the annual and average daily emissions associated with operation of the project. Average daily emissions are well below the significance thresholds, so additional mitigation measures are not necessary. Attachment 2 includes the CalEEMod operational modeling. Table 4. Project Average Daily Operational Air Pollutant Emissions Description ROG NOx PM10 Exhaust PM2.5 Exhaust Operational emissions in tons 2.81 1.66 1.52 0.44 Average Daily Emissions (pounds per day)* 15.4 9.1 8.3 2.4 BAAQMD Thresholds (pounds per day) 54 54 82 54 Exceed Threshold? No No No No *Assuming 365 days operation per year Mitigation Measure MM4.2-3 TAC Sources Affecting the Project Operation of this residential project is not considered a source of TAC or fine particulate matter (PM2.5) emissions. As a result, the project operation would not cause emissions that expose sensitive receptors to unhealthy air pollutant levels. Because the project would not be a source of TACs, it would not contribute cumulatively to unhealthy exposure to TACs. The project would include new sensitive receptors. Substantial sources of air pollution can adversely affect sensitive receptors proposed as part of new projects. A review of the area indicates that there are roadways, diesel-powered trains and stationary sources within 1,000 feet of the site that could adversely affect new residences and two listed stationary sources of air pollution. Figure 2 shows the 1,000-foot influence area and the sources within that area. There are thresholds that address both the impact of single and cumulative TAC sources upon projects that include new sensitive receptors (see Table 1). The analysis of the stationary source and local surface streets used screening data provided by BAAQMD to identify the potential cancer risk and PM2.5 exposure risks, whereas refined modeling techniques were employed to assess the impacts from U.S. 101 (Bayshore Freeway) and the Caltrain Railroad. 46 13 Figure 2. Air Pollutant Sources Near the Project Sites Results of this assessment are provided in Table 5. A description of the modeling for each source is provided below. Local Roadways The project is located near two high volume local roadways. The BAAQMD Roadway Screening Analysis Calculator was used to assess impacts from the two local busy roadways, which are Airport Boulevard and Grand Avenue. The average traffic volume was computed by multiplying the peak-hour traffic volume by 10. For Airport Boulevard, this was 19,500 vehicles and for Grand Avenue, it was 12,130 vehicles 8. The roadway orientation and distance between each Parcel and the roadway were input to the calculator. The calculator provides the maximum excess lifetime cancer risk and annual PM2.5 concentration. Note that screening tables published by BAAQMD indicate that non-cancer hazards from traffic would be well below the BAAQMD thresholds. 8 This is the “Existing Plus Project” traffic volume provided by Fehr & Peers. 47 14 Table 5. Community Risk Impacts from Single and Cumulative Sources Source Maximum Cancer Risk (per million) Maximum Annual PM2.5 Concentration (µg/m3) Maximum Hazard Index Parcel A Local Roadways – Airport Blvd. at >25ft West 8.0 0.2 <0.04 Local Roadways – Grand Ave at 380 ft West 1.0 0.0 <0.04 U.S. 101 at 125 ft West 6.4 0.3 <0.01 CalTrain 0.8 <0.01 <0.01 Stationary Source G11137 at 575 feet 0.2 0.0 <0.01 Stationary Source G9214 at 575 feet 0.5 0.0 <0.01 Cumulative Total 16.7 0.5 <0.1 Parcel C Local Roadways – Airport Blvd. at 25ft West 1.2 0.0 <0.04 Local Roadways – Grand Ave at 600 ft West 0.7 0.0 <0.04 U.S. 101 at 600 ft West <4.7 <0.2 <0.01 CalTrain <0.8 <0.1 <0.01 Stationary Source G11137 at 200 ft 1.1 0.00 <0.01 Stationary Source G9214 at 600 ft 0.5 0.00 <0.01 Cumulative Total <9.0 <0.3 <0.1 Parcel D Local Roadways – Airport Blvd. at 25ft 8.0 0.2 <0.04 Local Roadways – Grand Ave at 150 ft 2.5 0.1 <0.04 U.S. 101 at 175 ft 5.6 0.3 <0.01 CalTrain 0.6 0.0 <0.01 Stationary Source G11137 at 575 feet 0.2 0.00 <0.01 Stationary Source G9214 at 330 feet 1.3 0.00 <0.01 Cumulative Total 18.2 0.6 <0.1 BAAQMD Threshold - Single Source 10.0 0.3 0.05 BAAQMD Threshold – Cumulative Sources 100 0.8 10.0 Significant No No No Stationary Sources Two operational stationary sources of TACs were identified within 1,000 feet of the project sites using the BAAQMD Stationary Source Screening Analysis Tool.9 This tool provides screening levels of cancer risk, PM2.5 and non-cancer risk for the identified sources. Both sources are gasoline stations. These facilities only result in excess cancer risk impacts due to emissions of benzene from fueling storage and dispensing. The cancer risk reported in the BAAQMD tool was adjusted for distance using the BAAQMD Gasoline Dispensing Facility (GDF) Distance Multiplier Tool. Note that Plant #18401, is not within 1,000 feet of the project sites, even though it is depicted in the BAAQMD Stationary Source Screening Analysis Tool as being in the influence area. Plant 16678, an auto body shop, does not have any emissions. Plants 14612 and 9 See http://www.baaqmd.gov/Divisions/Planning-and-Research/CEQA-GUIDELINES/Tools-and- Methodology.aspx , accessed December 10, 2014. 48 15 4316 are dry cleaners that are not considered long-term sources of TAC emissions since their use of perchlorethylene, a TAC used in dry cleaning, is being phased out by regulation. Refined Highway Community Risk Impacts the Bayshore Freeway (U.S. 101) A refined analysis of the impacts of TAC and PM2.5 to new sensitive receptors is necessary to evaluate potential cancer risks and PM2.5 concentrations from U.S. 101 at Parcels A and D, since screening levels exceed significance thresholds. A review of the traffic information reported by Caltrans indicates that U.S. 101 traffic includes 222,000 annual average vehicles per day that are about 4.4 percent trucks, of which 1.7 percent are considered heavy duty trucks and 2.7 percent are medium duty trucks.10 Traffic Emissions Modeling Emission factors for DPM (PM2.5 exhaust from diesel vehicles) were developed for the years 2020, 2025, and 2030 using the calculated mix of cars and trucks on U.S. 101 using the CARB EMFAC2011 vehicle emissions model. Default EMFAC2011 vehicle model fleet age distributions for San Mateo County were assumed. Average daily traffic volumes truck percentages were based on Caltrans data for U.S. 101 for 2013.11 Traffic volumes were assumed to increase 1% per year. Average hourly traffic distributions for San Mateo County roadways were developed using the EMFAC model,12 which were then applied to the average daily traffic volumes to obtain estimated hourly traffic volumes and emissions for U.S. 101. Emissions of total organic gases (TOG) were also calculated for 2020, 2025, and 2030 using the EMFAC2011 model. These TOG emissions were then used in the modeling the organic TACs. TOG emissions from exhaust and for running evaporative loses from gasoline vehicles were calculated using EMFAC2011 default model values for San Mateo County along with the traffic volumes and vehicle mixes for U.S. 101. For all hours of the day, other than during peak a.m. and p.m. periods, an average speed of 65 mph was assumed for all vehicles other than heavy duty trucks which were assumed to travel at a speed of 60 mph For 2-hour periods during the peak a.m. and peak p.m. periods, average travel speeds of 30 mph were used for northbound and southbound traffic. Dispersion Modeling Dispersion modeling of DPM and PM2.5 emissions was conducted using the CAL3QHCR model, which is recommended by the BAAQMD for this type of analysis. A five-year data set (1991- 1995) of hourly meteorological data from the San Francisco International Airport prepared by the BAAQMD was used in the modeling. Other inputs to the model included road geometry, 10 California Department of Transportation. 2014. 2013 Annual Average Daily Truck Traffic on the California State Highway System 11 Caltrans, 2015. 2014 Traffic Volumes on the California State Highway System. Available: www.dot.ca.gov/hq/traffops/saferesr/trafdata/ 12 The Burden output from EMFAC2007, CARB’s previous version of the EMFAC model, was used for this since the current web-based version of EMFAC2011 does not include Burden type output with hour by hour traffic volume information. 49 16 road elevations, and hourly traffic volumes, emission factors and receptor locations. North and south bound traffic on U.S. 101within about 1,000 feet of the project site were modeled. Potential impacts from U.S. 101 to new project residents were evaluated. Since Parcels A and D are closest to U.S. 101 impacts at these locations were evaluated. The modeling used grids of receptors spaced every 10 meters (33 feet) within the areas of Parcel A and Parcel D. At Parcel A there would be some first and second floor residential units adjacent to Cypress Avenue. The third floor would be the first level with residential units throughout the entire floor. At Parcel D the first level with residential units would be the third floor. Receptor heights of 1.5 meters (4.9 feet), 4.85 meters (15.9 feet), and 8.5 meters (27.9 feet) were used in modeling to represent breathing heights of residents on the first, second, and third floor levels. Concentrations at higher floor levels would be lower than those of the third floor level residential units. Figure 3 shows the roadway links and receptor locations used in the modeling. Computed Cancer Risk Using the average DPM and TOG concentrations, the individual residential cancer risks were computed using methods recommended by BAAQMD.13 The factors used to compute cancer risk are highly dependent on modeled concentrations, exposure period or duration, and the type of receptor. The exposure level is determined by the modeled concentration; however, it has to be averaged over a representative exposure period. The averaging period is dependent on many factors, but mostly the type of sensitive receptor being evaluated. This assessment conservatively assumed long-term residential exposures. BAAQMD has developed exposure assumptions for typical types of sensitive receptors. These include nearly continuous exposures of 70 years for residences. The cancer risk calculations for 70-year residential exposures reflect use of BAAQMD’s cancer risk calculation method that uses age sensitivity factors in calculating cancer risks. Age-sensitivity factors reflect the greater sensitivity of infants and small children to cancer causing TACs. The cancer risk calculations applied age sensitivity weighting factors for each emissions period modeled. The maximum cancer risks for Parcels A and D are summarized in Table 6. The maximum increased cancer risk from traffic on U.S. 101 was computed as 6.4 in one million. This was modeled at a third floor receptor in the eastern portion of Parcel A closest to U.S. 101 and is shown on Figure 3. Cancer risks from U.S. 101 at all other locations would be lower than the maximum risk. Table 6. Highway 101 Maximum Community Risk Levels Location Cancer Risk (per million) Annual PM2.5 (µg/m3) Hazard Index Parcel A 1st\ Floor Residences 2nd Floor Residences 3rd Floor Residences 4.7 4.6 6.4 0.2 0.2 0.3 <0.01 <0.01 <0.01 Parcel D 3rd Floor Residences 5.6 0.3 <0.01 BAAQMD Single Source Threshold >10.0 >0.3 >1.0 13 BAAQMD, 2010. Air Toxics NSR Program Health Risk Screening Analysis (HSRA) Guidelines, January. 50 17 Non-Cancer Health Effects Potential non-cancer health effects due to chronic exposure to DPM were also evaluated. The chronic inhalation reference exposure level (REL) for DPM is 5 μg/m3. The maximum predicted annual DPM concentrations at Parcels A and D from Highway 101 traffic were all less than 0.013 μg/m3. This DPM concentration is much lower than the REL and the resulting HI would be less than 0.01. PM2.5 Concentrations from Modeled Roadways In addition to evaluating the health risks from TACs, potential impacts from PM2.5 emissions for vehicles traveling on U.S. 101 were evaluated. The same basic modeling approach that was used for assessing TAC impacts was used in the modeling of PM2.5 concentrations. PM2.5 emissions from all vehicles were used, rather than just the diesel powered vehicles, because all vehicle types (i.e., gasoline and diesel powered) produce PM2.5. Additionally, PM2.5 emissions from vehicle tire and brake wear and entrained road dust were included in these emissions. The assessment involved, first, calculating PM2.5 emission rates from traffic traveling on U.S. 101. PM2.5 emissions were calculated using the EMFAC2011 model for the years 2020, 2025, and 2030. Average hourly traffic volumes were calculated in the same manner as discussed earlier for the TAC modeling. Then, dispersion modeling using emission factors and traffic volumes was conducted. The dispersion modeling of traffic using the CAL3QHCR model was conducted in the same manner as the TAC modeling. The model provides estimated annual PM2.5 concentrations. The maximum annual average PM2.5 concentration from U.S. 101 traffic was 0.3μg/m3, occurring at the receptor that had the maximum cancer risk from U.S. 101. Maximum PM2.5 concentrations at Parcels A and D are shown in Table 6. Railroad Community Risk Impacts Parcel D of the project is located about 450 feet west of the Caltrain rail lines and Parcel A is about 500 feet from the rail lines. Rail activity on these rail lines includes passenger and freight train service that generate TAC and PM2.5 emissions from diesel locomotive exhaust. Due to the proximity of the rail line to the proposed project sites, potential health risks to future residents at the proposed project from DPM emissions from diesel locomotive engines were evaluated. Currently all of Caltrain’s trains use diesel locomotives. The Peninsula Corridor Electrification Project is a key component of the Caltrain Modernization program that would electrify the Caltrain Corridor from San Francisco to San Jose. Under this program diesel-locomotive hauled trains would be converted to Electric Multiple Unit or EMU trains by 2020.As part of the program to modernize operation of the Caltrain rail corridor between San Jose and San Francisco, Caltrain is planning to switch from diesel locomotives to use of electric trains in the near future.14 Nearly all of the trains in the future are planned to be electric multiple unit (EMU) trains, which are self-propelled electric rail vehicles that can accelerate and decelerate at 14 Caltrain, 2014. Peninsula Corridor Electrification Project. Final Environmental Impact Report. December 2014. 51 18 faster rates than diesel power trains, even with longer trains. This plan was formally adopted on January 8, 2015 and electrified service is anticipated to begin in 2020 or 2021 15. Rail Road Emissions Modeling Based on the current Caltrain schedule, there are 92 trains passing the project site during the weekdays, 32 trains during the weekend, and 4 trains that only run on Saturday. Electrification of Caltrain would eliminate DPM emissions from most of these trains. In addition to the Caltrain trains, there are about four freight trains that also use this rail line on a daily basis.16 Caltrain plans are that in 2020 service between San Jose and San Francisco would use a mixed fleet of EMUs and diesel locomotives, with approximately 75% of the service being electric and 25% being diesel. In 2020, some peak service trains would be diesel on weekdays. All other service, including off-peak periods, would be EMU-based. Off-peak periods include early morning, midday, and after 7:00 p.m. After 2020, diesel locomotives would be replaced with EMUs over time as they reach the end of their service life. Caltrain’s diesel-powered locomotives would continue to be used to provide service between the San Jose Diridon Station and Gilroy. It is expected that 100 percent of the San Jose to San Francisco fleet would be EMUs by 2026 to 2029.17 While most of Caltrain’s trains would be electric in the future, it was assumed that during 2020 through 2024 there would be about 19 daily trips, on an annual average basis, using diesel locomotives and from 2025 on there would be two annual average daily trips with diesel locomotives. All trains used for freight service were assumed to use diesel powered locomotives. DPM and PM2.5 emissions from trains on the rail line were calculated using EPA emission factors for locomotives 18 and CARB adjustment factors to account for fuels used in California19. Caltrain’s current locomotive fleet consists of twenty-three 3,200 horsepower (hp) locomotives of model year or overhaul date of 1999 or earlier and six 3,600 hp locomotives of model year 2003.20 The current fleet average locomotive engine size is about 3,285 hp. In estimating diesel locomotive emissions for the case of electrification, the diesel locomotives that would still be operating were conservatively assumed to be the newer locomotives with the 3,600 hp engines. Each passenger train was assumed to use one locomotive and would be traveling at an average speed of 20 mph in the vicinity of the project site. Emissions from the freight trains were calculated assuming they would use two locomotives with 2,300 hp engines (total of 4,600 hp) and would be traveling at about 20 mph. Since the exposure duration used in calculating cancer risks is 70 years (in this case the period from 2020 through 2089), the Caltrain and freight train average DPM emissions were calculated based on EPA emission factors for the periods 2020- 15See (accessed on Jan. 28, 2015) http://www.caltrain.com/about/news/Caltrain_Board_Certifies_Final_Environmental_Impact_Report_and_Approves_Peninsula_Corridor_Electri fication_Project.html 16 Bay Area Regional Rail Plan, Technical Memorandum 4a, Conditions, Configuration & Traffic on Existing System, Metropolitan Transportation Commission, November 15, 2006. 17 Ibid 18 Emission Factors for Locomotives, USEPA 2009 (EPA-420-F-09-025) 19 Offroad Modeling, Change Technical Memo, Changes to the Locomotive Inventory, CARB July 2006. 20 Caltrain Commute Fleets. Available at: http://www.caltrain.com/about/statsandreports.html. Accessed September 24, 2014. 52 19 2024, and 2025-2040, with the average emissions for 2025-2040 assumed to be representative of years 2025 through 2089. In order to account for the increased sensitivity to TACs of infants and children compared to adults, the average emission rates were weighted by age sensitivity factors recommended by the BAAQMD.21 Railroad Dispersion Modeling Dispersion modeling of locomotive emissions was conducted using the EPA’s AERMOD dispersion model and five year (1991-1995) of hourly meteorological data from San Francisco International Airport prepared for use with the AERMOD model by CARB. Locomotive emissions from train travel within about 1,000 feet of the project site were modeled as a two line sources comprised of a series of volume sources along the rail lines. Concentrations were calculated at the first, second, and third floor levels for the proposed residential areas at Parcel A and at the third floor level of the proposed residential area at Parcel D. Figure 3 shows the railroad line segments used for the modeling and receptor locations where concentrations were calculated. Potential impacts at other project sites would be lower than those at Parcels A and D since these parcels are closer to the rail lines than the other sites. The maximum modeled long- term DPM and PM2.5 concentrations occurred at a first floor receptor at Parcel A. The location where the maximum DPM and PM2.5 concentrations occurred is shown on Figure 3. Computed Cancer Risk Maximum excess cancer risks were calculated from the maximum modeled long-term average DPM concentrations using the same cancer risk procedures that were used for assessing U.S. 101 traffic. For residential exposures, this includes nearly continuous exposures of 70 years and applies BAAQMD-recommended age sensitivity factors to the cancer risks, accounting for age sensitivity to TACs. Age-sensitivity factors reflect the greater sensitivity of infants and children to cancer-causing TACs. For this evaluation, the age sensitivity factors were incorporated as weighting factors into the DPM emission rates used for modeling. The maximum cancer risks, PM2.5 levels modeled, and non-cancer hazard index values at Parcels A and D receptors due to railroad emissions are summarized in Table 7. Details of the emission calculations, dispersion modeling and cancer risk calculations are contained in Attachment 5. Table 7. Railroad Community Risk Levels Location Cancer Risk (per million) Annual PM2.5 (µg/m3) Hazard Index Parcel A 1st\ Floor Residences 2nd Floor Residences 3rd Floor Residences 0.76 0.75 0.60 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 Parcel D 3rd Floor Residences 0.64 <0.01 <0.01 BAAQMD Single Source Threshold >10.0 >0.3 >1.0 21 BAAQMD, 2012. Recommended Methods for Screening and Modeling Local Risks and Hazards. May 2012 53 20 Combined Community Risk Impacts to Project Sensitive Receptors Table 5 also includes the community risk levels at each project site for the combination of all sources within the influence area of 1,000 feet. As shown in Table 5, these exposures do not exceed the cumulative source thresholds of significance. Attachment 3 includes the screening calculation worksheets used to assess risk and annual PM2.5 from local roadways and stationary sources. Attachment 4 includes the modeling summaries and cancer risk calculations for U.S. 101 impacts. Attachment 5 includes the modeling summaries and cancer risk calculations for the railroad (Caltrain line). 54 21 Figure 3. Project Site, On-Site Sensitive Receptors, Roadway and Rail Line Segments Modeled and Receptors with Maximum Cancer Risk 55 22 Attachment 1: Construction CalEEMod Modeling and Health Risk Analysis 56 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 5.00 tblConstEquipMitigation Tier No Change Tier 4 Final tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 2.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 4.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 2.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 9.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 2.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 2.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 Demolition - based on provided construction worksheet Trips and VMT - Added additional demo trips (96) and cement (308)148 Architectural Coating - Construction Off-road Equipment Mitigation - Tier 2 mobile, Tier 4 portable and BMPs for fugitive PM2.5 Table Name Column Name Default Value New Value Off-road Equipment - based on provided construction worksheet Off-road Equipment - based on provided construction worksheet Off-road Equipment - based on provided construction worksheet Off-road Equipment - based on provided construction worksheet - air compressors are electric Off-road Equipment - based on provided construction worksheet Grading - based on provided construction worksheet 1.3 User Entered Comments & Non-Default Data Project Characteristics - PG&E 2013 Certified Rate Land Use - Based on construction worksheet and 10-19-15 plans Construction Phase - Based on provided worksheet. Compressed all work into two years 2016-2017, schedule calls for completion Q1 2018 Off-road Equipment - based on provided construction worksheet Off-road Equipment - based on provided construction worksheet CO2 Intensity (lb/MWhr) 429 CH4 Intensity (lb/MWhr) 0.029 N2O Intensity (lb/MWhr) 0.006 70 Climate Zone 5 Operational Year 2018 Utility Company Pacific Gas & Electric Company 1.2 Other Project Characteristics Urbanization Urban Wind Speed (m/s)2.2 Precipitation Freq (Days) Unenclosed Parking with Elevator 74.07 1000sqft 0.00 74,066.00 0 Population Apartments Mid Rise 160.00 Dwelling Unit 1.04 163,692.00 458 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area CalEEMod Version: CalEEMod.2013.2.2 Page 1 of 1 Date: 10/30/2015 12:34 PM SSF Parcel A San Mateo County, Annual 1.0 Project Characteristics 57 tblOffRoadEquipment UsageHours 7.00 4.00 tblOffRoadEquipment UsageHours 6.00 2.00 tblOffRoadEquipment UsageHours 8.00 4.00 tblOffRoadEquipment UsageHours 6.00 2.00 tblOffRoadEquipment UsageHours 8.00 2.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 3.00 2.00 tblOffRoadEquipment UsageHours 6.00 1.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 4.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 3.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 3.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 2.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 2.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 2.00 tblOffRoadEquipment OffRoadEquipmentType Aerial Lifts tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentType Excavators tblOffRoadEquipment OffRoadEquipmentType Tractors/Loaders/Backhoes tblOffRoadEquipment LoadFactor 0.31 0.31 tblOffRoadEquipment OffRoadEquipmentType Excavators tblOffRoadEquipment LoadFactor 0.38 0.38 tblOffRoadEquipment LoadFactor 0.37 0.37 tblLandUse LotAcreage 1.70 0.00 tblOffRoadEquipment LoadFactor 0.38 0.38 tblLandUse LandUseSquareFeet 74,070.00 74,066.00 tblLandUse LotAcreage 4.21 1.04 tblGrading MaterialImported 0.00 550.00 tblLandUse LandUseSquareFeet 160,000.00 163,692.00 tblGrading AcresOfGrading 1.88 1.50 tblGrading MaterialExported 0.00 1,000.00 tblConstructionPhase NumDays 2.00 5.00 tblGrading AcresOfGrading 0.00 1.00 tblConstructionPhase NumDays 20.00 15.00 tblConstructionPhase NumDays 4.00 15.00 tblConstructionPhase NumDays 10.00 100.00 tblConstructionPhase NumDays 200.00 218.00 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 4 Final tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 4 Final tblConstEquipMitigation Tier No Change Tier 2 58 0.0000 74.6143 74.6143 0.0136 0.0000 74.89930.0103 0.0144 0.0246 2.7800e- 003 0.0143 0.017120171.6014 0.4508 0.8226 8.6000e- 004 0.0000 46.7790 46.7790 7.8000e- 003 0.0000 46.94278.9600e- 003 7.1500e- 003 0.0161 2.0300e- 003 7.1100e- 003 9.1400e- 003 2016 0.0397 0.2491 0.5527 5.4000e- 004 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 121.3934 121.3934 0.0214 0.0000 121.84220.0231 0.0533 0.0764 5.3600e- 003 0.0509 0.0563Total1.7078 0.9507 1.3478 1.4000e- 003 0.0000 74.6144 74.6144 0.0136 0.0000 74.89940.0103 0.0268 0.0371 2.7800e- 003 0.0257 0.028520171.6324 0.5234 0.7936 8.6000e- 004 0.0000 46.7790 46.7790 7.8000e- 003 0.0000 46.94280.0128 0.0265 0.0393 2.5800e- 003 0.0253 0.027820160.0754 0.4274 0.5542 5.4000e- 004 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 2.0 Emissions Summary 2.1 Overall Construction Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 tblTripsAndVMT WorkerTripLength 12.40 1.00 tblTripsAndVMT WorkerTripLength 12.40 1.00 tblTripsAndVMT WorkerTripLength 12.40 1.00 tblTripsAndVMT WorkerTripLength 12.40 1.00 tblTripsAndVMT WorkerTripLength 12.40 1.00 tblTripsAndVMT WorkerTripLength 12.40 1.00 tblTripsAndVMT VendorTripLength 7.30 1.00 tblTripsAndVMT WorkerTripLength 12.40 1.00 tblTripsAndVMT VendorTripLength 7.30 1.00 tblTripsAndVMT VendorTripLength 7.30 1.00 tblTripsAndVMT VendorTripLength 7.30 1.00 tblTripsAndVMT VendorTripLength 7.30 1.00 tblTripsAndVMT VendorTripLength 7.30 1.00 tblTripsAndVMT VendorTripLength 7.30 1.00 tblTripsAndVMT HaulingTripLength 20.00 1.00 tblTripsAndVMT HaulingTripNumber 153.00 461.00 tblTripsAndVMT HaulingTripLength 20.00 1.00 tblTripsAndVMT HaulingTripLength 20.00 1.00 tblTripsAndVMT HaulingTripLength 20.00 1.00 tblTripsAndVMT HaulingTripLength 20.00 1.00 tblTripsAndVMT HaulingTripLength 20.00 1.00 tblTripsAndVMT HaulingTripLength 20.00 1.00 tblProjectCharacteristics CO2IntensityFactor 641.35 429 tblProjectCharacteristics OperationalYear 2014 2018 tblOffRoadEquipment UsageHours 8.00 6.00 tblOffRoadEquipment UsageHours 8.00 1.00 tblOffRoadEquipment UsageHours 7.00 6.00 59 Trips and VMT Interior construction Aerial Lifts 4 6.00 62 0.31 Utilities Tractors/Loaders/Backhoes 2 4.00 97 0.37 Grading Excavators 2 2.00 162 0.38 Demolition Excavators 3 162 0.38 Building Construction Welders 2 1.00 46 0.45 Site Preparation Tractors/Loaders/Backhoes 4 6.00 97 0.37 Paving Tractors/Loaders/Backhoes 0 8.00 97 0.37 Grading Tractors/Loaders/Backhoes 3 6.00 97 0.37 Demolition Tractors/Loaders/Backhoes 0 8.00 97 0.37 Building Construction Tractors/Loaders/Backhoes 0 6.00 97 0.37 Site Preparation Rubber Tired Dozers 0 7.00 255 0.40 Grading Rubber Tired Dozers 0 6.00 255 0.40 Demolition Rubber Tired Dozers 0 8.00 255 0.40 Paving Rollers 2 4.00 80 0.38 Paving Paving Equipment 1 4.00 130 0.36 Paving Pavers 0 6.00 125 0.42 Site Preparation Graders 0 8.00 174 0.41 Grading Graders 1 2.00 174 0.41 Building Construction Generator Sets 2 2.00 84 0.74 Building Construction Forklifts 2 2.00 89 0.20 Building Construction Cranes 1 1.00 226 0.29 Demolition Concrete/Industrial Saws 1 8.00 81 0.73 Paving Cement and Mortar Mixers 0 6.00 9 0.56 Load Factor Interior construction Air Compressors 0 6.00 78 0.48 OffRoad Equipment Phase Name Offroad Equipment Type Amount Usage Hours Horse Power 10 Acres of Grading (Site Preparation Phase): 1 Acres of Grading (Grading Phase): 1.5 Acres of Paving: 0 Residential Indoor: 331,476; Residential Outdoor: 110,492; Non-Residential Indoor: 111,099; Non-Residential Outdoor: 37,033 7 Paving Paving 11/29/2017 12/12/2017 5 218 6 Interior construction Architectural Coating 7/12/2017 11/28/2017 5 100 5 Building Construction Building Construction 9/9/2016 7/11/2017 5 15 4 Utilities Trenching 8/19/2016 9/8/2016 5 15 3 Grading Grading 7/29/2016 8/18/2016 5 15 2 Site Preparation Site Preparation 7/22/2016 7/28/2016 5 5 End Date Num Days Week Num Days Phase Description 1 Demolition Demolition 7/1/2016 7/21/2016 5 3.0 Construction Detail Construction Phase Phase Number Phase Name Phase Type Start Date 0.00 0.00 0.00 0.00 0.00 0.0016.65 59.67 46.70 10.26 57.95 53.40 NBio- CO2 Total CO2 CH4 N20 CO2e Percent Reduction 3.91 26.39 -2.04 0.00 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2ROGNOxCOSO2Fugitive PM10 0.0000 121.3933 121.3933 0.0214 0.0000 121.84210.0192 0.0215 0.0407 4.8100e- 003 0.0214 0.0262Total1.6411 0.6999 1.3753 1.4000e- 003 60 0.0000 4.0324 4.0324 3.9000e- 004 0.0000 4.04066.0000e- 005 6.0000e- 005 6.0000e- 005 6.0000e- 005 Off-Road 4.7000e- 004 2.0300e- 003 0.0289 5.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00002.5500e- 003 0.0000 2.5500e- 003 3.9000e- 004 0.0000 3.9000e- 004 Fugitive Dust Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.1890 0.1890 0.0000 0.0000 0.18918.0000e- 005 1.0000e- 005 9.0000e- 005 2.0000e- 005 1.0000e- 005 3.0000e- 005 Total 5.1000e- 004 1.0400e- 003 6.3000e- 003 0.0000 0.0000 0.0636 0.0636 0.0000 0.0000 0.06376.0000e- 005 0.0000 6.0000e- 005 1.0000e- 005 0.0000 2.0000e- 005 Worker 1.8000e- 004 7.0000e- 005 8.8000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.1254 0.1254 0.0000 0.0000 0.12542.0000e- 005 1.0000e- 005 3.0000e- 005 1.0000e- 005 1.0000e- 005 1.0000e- 005 Hauling 3.3000e- 004 9.7000e- 004 5.4200e- 003 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 4.0324 4.0324 3.9000e- 004 0.0000 4.04065.6600e- 003 2.6000e- 003 8.2600e- 003 8.6000e- 004 2.6000e- 003 3.4600e- 003 Total 4.8500e- 003 0.0347 0.0283 5.0000e- 005 0.0000 4.0324 4.0324 3.9000e- 004 0.0000 4.04062.6000e- 003 2.6000e- 003 2.6000e- 003 2.6000e- 003 Off-Road 4.8500e- 003 0.0347 0.0283 5.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00005.6600e- 003 0.0000 5.6600e- 003 8.6000e- 004 0.0000 8.6000e- 004 CO2e Category tons/yr MT/yr Fugitive Dust PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2OSO2Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 Use Cleaner Engines for Construction Equipment Water Exposed Area Clean Paved Roads 3.2 Demolition - 2016 Unmitigated Construction On-Site ROG NOx CO 1.00 1.00 LD_Mix HDT_Mix HHDT 3.1 Mitigation Measures Construction Utilities 2 5.00 0.00 0.00 1.00 1.00 1.00 1.00 LD_Mix HDT_Mix HHDT 1.00 1.00 LD_Mix HDT_Mix HHDT Interior construction 4 29.00 0.00 0.00 Paving 3 8.00 0.00 0.00 1.00 1.00 1.00 1.00 LD_Mix HDT_Mix HHDT 1.00 1.00 LD_Mix HDT_Mix HHDT Building Construction 7 146.00 29.00 0.00 Grading 6 15.00 0.00 461.00 1.00 1.00 1.00 1.00 LD_Mix HDT_Mix HHDT 1.00 1.00 LD_Mix HDT_Mix HHDT Site Preparation 4 10.00 0.00 0.00 Demolition 4 10.00 0.00 52.00 1.00 Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number 61 0.0000 2.2023 2.2023 6.6000e- 004 0.0000 2.21629.1000e- 004 9.1000e- 004 9.1000e- 004 9.1000e- 004 Off-Road 1.0900e- 003 0.0226 0.0176 2.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00002.4000e- 004 0.0000 2.4000e- 004 3.0000e- 005 0.0000 3.0000e- 005 Fugitive Dust Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.0212 0.0212 0.0000 0.0000 0.02122.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0000 1.0000e- 005 Total 6.0000e- 005 2.0000e- 005 2.9000e- 004 0.0000 0.0000 0.0212 0.0212 0.0000 0.0000 0.02122.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0000 1.0000e- 005 Worker 6.0000e- 005 2.0000e- 005 2.9000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 2.2023 2.2023 6.6000e- 004 0.0000 2.21625.3000e- 004 1.8800e- 003 2.4100e- 003 6.0000e- 005 1.7300e- 003 1.7900e- 003 Total 2.5500e- 003 0.0244 0.0181 2.0000e- 005 0.0000 2.2023 2.2023 6.6000e- 004 0.0000 2.21621.8800e- 003 1.8800e- 003 1.7300e- 003 1.7300e- 003 Off-Road 2.5500e- 003 0.0244 0.0181 2.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00005.3000e- 004 0.0000 5.3000e- 004 6.0000e- 005 0.0000 6.0000e- 005 Fugitive Dust Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.3 Site Preparation - 2016 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.1890 0.1890 0.0000 0.0000 0.18918.0000e- 005 1.0000e- 005 9.0000e- 005 2.0000e- 005 1.0000e- 005 3.0000e- 005 Total 5.1000e- 004 1.0400e- 003 6.3000e- 003 0.0000 0.0000 0.0636 0.0636 0.0000 0.0000 0.06376.0000e- 005 0.0000 6.0000e- 005 1.0000e- 005 0.0000 2.0000e- 005 Worker 1.8000e- 004 7.0000e- 005 8.8000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.1254 0.1254 0.0000 0.0000 0.12542.0000e- 005 1.0000e- 005 3.0000e- 005 1.0000e- 005 1.0000e- 005 1.0000e- 005 Hauling 3.3000e- 004 9.7000e- 004 5.4200e- 003 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 4.0324 4.0324 3.9000e- 004 0.0000 4.04062.5500e- 003 6.0000e- 005 2.6100e- 003 3.9000e- 004 6.0000e- 005 4.5000e- 004 Total 4.7000e- 004 2.0300e- 003 0.0289 5.0000e- 005 62 0.0000 7.9399 7.9399 2.3900e- 003 0.0000 7.99012.8800e- 003 2.8800e- 003 2.8800e- 003 2.8800e- 003 Off-Road 3.6800e- 003 0.0776 0.0634 8.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00003.6000e- 004 0.0000 3.6000e- 004 4.0000e- 005 0.0000 4.0000e- 005 Fugitive Dust Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 1.2069 1.2069 3.0000e- 005 0.0000 1.20742.8000e- 004 6.0000e- 005 3.3000e- 004 7.0000e- 005 5.0000e- 005 1.3000e- 004 Total 3.1800e- 003 8.7300e- 003 0.0494 1.0000e- 005 0.0000 0.0954 0.0954 1.0000e- 005 0.0000 0.09568.0000e- 005 0.0000 8.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 Worker 2.7000e- 004 1.1000e- 004 1.3200e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 1.1115 1.1115 2.0000e- 005 0.0000 1.11182.0000e- 004 6.0000e- 005 2.5000e- 004 5.0000e- 005 5.0000e- 005 1.1000e- 004 Hauling 2.9100e- 003 8.6200e- 003 0.0481 1.0000e- 005 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 7.9399 7.9399 2.3900e- 003 0.0000 7.99028.0000e- 004 6.1400e- 003 6.9400e- 003 9.0000e- 005 5.6500e- 003 5.7400e- 003 Total 9.1200e- 003 0.0911 0.0629 8.0000e- 005 0.0000 7.9399 7.9399 2.3900e- 003 0.0000 7.99026.1400e- 003 6.1400e- 003 5.6500e- 003 5.6500e- 003 Off-Road 9.1200e- 003 0.0911 0.0629 8.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00008.0000e- 004 0.0000 8.0000e- 004 9.0000e- 005 0.0000 9.0000e- 005 Fugitive Dust Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.4 Grading - 2016 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.0212 0.0212 0.0000 0.0000 0.02122.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0000 1.0000e- 005 Total 6.0000e- 005 2.0000e- 005 2.9000e- 004 0.0000 0.0000 0.0212 0.0212 0.0000 0.0000 0.02122.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0000 1.0000e- 005 Worker 6.0000e- 005 2.0000e- 005 2.9000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 2.2023 2.2023 6.6000e- 004 0.0000 2.21622.4000e- 004 9.1000e- 004 1.1500e- 003 3.0000e- 005 9.1000e- 004 9.4000e- 004 Total 1.0900e- 003 0.0226 0.0176 2.0000e- 005 63 0.0000 2.1933 2.1933 6.6000e- 004 0.0000 2.20729.1000e- 004 9.1000e- 004 9.1000e- 004 9.1000e- 004 Total 1.0900e- 003 0.0225 0.0175 2.0000e- 005 0.0000 2.1933 2.1933 6.6000e- 004 0.0000 2.20729.1000e- 004 9.1000e- 004 9.1000e- 004 9.1000e- 004 Off-Road 1.0900e- 003 0.0225 0.0175 2.0000e- 005 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.0318 0.0318 0.0000 0.0000 0.03193.0000e- 005 0.0000 3.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Total 9.0000e- 005 4.0000e- 005 4.4000e- 004 0.0000 0.0000 0.0318 0.0318 0.0000 0.0000 0.03193.0000e- 005 0.0000 3.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Worker 9.0000e- 005 4.0000e- 005 4.4000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 2.1933 2.1933 6.6000e- 004 0.0000 2.20721.8700e- 003 1.8700e- 003 1.7200e- 003 1.7200e- 003 Total 2.5400e- 003 0.0243 0.0180 2.0000e- 005 0.0000 2.1933 2.1933 6.6000e- 004 0.0000 2.20721.8700e- 003 1.8700e- 003 1.7200e- 003 1.7200e- 003 Off-Road 2.5400e- 003 0.0243 0.0180 2.0000e- 005 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.5 Utilities - 2016 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 1.2069 1.2069 3.0000e- 005 0.0000 1.20742.8000e- 004 6.0000e- 005 3.3000e- 004 7.0000e- 005 5.0000e- 005 1.3000e- 004 Total 3.1800e- 003 8.7300e- 003 0.0494 1.0000e- 005 0.0000 0.0954 0.0954 1.0000e- 005 0.0000 0.09568.0000e- 005 0.0000 8.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 Worker 2.7000e- 004 1.1000e- 004 1.3200e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 1.1115 1.1115 2.0000e- 005 0.0000 1.11182.0000e- 004 6.0000e- 005 2.5000e- 004 5.0000e- 005 5.0000e- 005 1.1000e- 004 Hauling 2.9100e- 003 8.6200e- 003 0.0481 1.0000e- 005 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 7.9399 7.9399 2.3900e- 003 0.0000 7.99013.6000e- 004 2.8800e- 003 3.2400e- 003 4.0000e- 005 2.8800e- 003 2.9200e- 003 Total 3.6800e- 003 0.0776 0.0634 8.0000e- 005 64 0.0000 18.9593 18.9593 3.2000e- 003 0.0000 19.02661.9400e- 003 1.9400e- 003 1.9400e- 003 1.9400e- 003 Total 3.9400e- 003 0.0704 0.1360 2.2000e- 004 0.0000 18.9593 18.9593 3.2000e- 003 0.0000 19.02661.9400e- 003 1.9400e- 003 1.9400e- 003 1.9400e- 003 Off-Road 3.9400e- 003 0.0704 0.1360 2.2000e- 004 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 10.0029 10.0029 4.5000e- 004 0.0000 10.01245.4100e- 003 3.8000e- 004 5.8000e- 003 1.4700e- 003 3.5000e- 004 1.8200e- 003 Total 0.0256 0.0442 0.2328 1.3000e- 004 0.0000 5.0154 5.0154 3.9000e- 004 0.0000 5.02364.3600e- 003 8.0000e- 005 4.4400e- 003 1.1700e- 003 7.0000e- 005 1.2400e- 003 Worker 0.0145 5.5700e- 003 0.0695 7.0000e- 005 0.0000 4.9875 4.9875 6.0000e- 005 0.0000 4.98881.0500e- 003 3.0000e- 004 1.3600e- 003 3.0000e- 004 2.8000e- 004 5.8000e- 004 Vendor 0.0111 0.0386 0.1633 6.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 18.9593 18.9593 3.2000e- 003 0.0000 19.02660.0136 0.0136 0.0131 0.0131Total0.0269 0.1989 0.1376 2.2000e- 004 0.0000 18.9593 18.9593 3.2000e- 003 0.0000 19.02660.0136 0.0136 0.0131 0.0131Off-Road 0.0269 0.1989 0.1376 2.2000e- 004 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.6 Building Construction - 2016 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.0318 0.0318 0.0000 0.0000 0.03193.0000e- 005 0.0000 3.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Total 9.0000e- 005 4.0000e- 005 4.4000e- 004 0.0000 0.0000 0.0318 0.0318 0.0000 0.0000 0.03193.0000e- 005 0.0000 3.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Worker 9.0000e- 005 4.0000e- 005 4.4000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 65 0.0000 31.9205 31.9205 5.1300e- 003 0.0000 32.02813.2900e- 003 3.2900e- 003 3.2900e- 003 3.2900e- 003 Total 6.6600e- 003 0.1191 0.2301 3.7000e- 004 0.0000 31.9205 31.9205 5.1300e- 003 0.0000 32.02813.2900e- 003 3.2900e- 003 3.2900e- 003 3.2900e- 003 Off-Road 6.6600e- 003 0.1191 0.2301 3.7000e- 004 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 16.4756 16.4756 7.0000e- 004 0.0000 16.49029.1600e- 003 5.7000e- 004 9.7300e- 003 2.4900e- 003 5.3000e- 004 3.0100e- 003 Total 0.0402 0.0689 0.3722 2.1000e- 004 0.0000 8.1698 8.1698 6.0000e- 004 0.0000 8.18237.3800e- 003 1.3000e- 004 7.5100e- 003 1.9800e- 003 1.2000e- 004 2.0900e- 003 Worker 0.0225 8.4400e- 003 0.1058 1.1000e- 004 0.0000 8.3058 8.3058 1.0000e- 004 0.0000 8.30791.7800e- 003 4.4000e- 004 2.2200e- 003 5.1000e- 004 4.1000e- 004 9.2000e- 004 Vendor 0.0177 0.0605 0.2665 1.0000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 31.9205 31.9205 5.1300e- 003 0.0000 32.02810.0206 0.0206 0.0199 0.0199Total0.0409 0.3111 0.2284 3.7000e- 004 0.0000 31.9205 31.9205 5.1300e- 003 0.0000 32.02810.0206 0.0206 0.0199 0.0199Off-Road 0.0409 0.3111 0.2284 3.7000e- 004 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.6 Building Construction - 2017 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 10.0029 10.0029 4.5000e- 004 0.0000 10.01245.4100e- 003 3.8000e- 004 5.8000e- 003 1.4700e- 003 3.5000e- 004 1.8200e- 003 Total 0.0256 0.0442 0.2328 1.3000e- 004 0.0000 5.0154 5.0154 3.9000e- 004 0.0000 5.02364.3600e- 003 8.0000e- 005 4.4400e- 003 1.1700e- 003 7.0000e- 005 1.2400e- 003 Worker 0.0145 5.5700e- 003 0.0695 7.0000e- 005 0.0000 4.9875 4.9875 6.0000e- 005 0.0000 4.98881.0500e- 003 3.0000e- 004 1.3600e- 003 3.0000e- 004 2.8000e- 004 5.8000e- 004 Vendor 0.0111 0.0386 0.1633 6.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 66 0.0000 22.8541 22.8541 7.0000e- 003 0.0000 23.00119.7100e- 003 9.7100e- 003 9.7100e- 003 9.7100e- 003 Off-Road 0.0116 0.2401 0.1870 2.5000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Archit. Coating 1.5385 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 1.1845 1.1845 9.0000e- 005 0.0000 1.18631.0700e- 003 2.0000e- 005 1.0900e- 003 2.9000e- 004 2.0000e- 005 3.0000e- 004 Total 3.2600e- 003 1.2200e- 003 0.0153 2.0000e- 005 0.0000 1.1845 1.1845 9.0000e- 005 0.0000 1.18631.0700e- 003 2.0000e- 005 1.0900e- 003 2.9000e- 004 2.0000e- 005 3.0000e- 004 Worker 3.2600e- 003 1.2200e- 003 0.0153 2.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 22.8541 22.8541 7.0000e- 003 0.0000 23.00114.2200e- 003 4.2200e- 003 3.8800e- 003 3.8800e- 003 Total 1.5457 0.1195 0.1610 2.5000e- 004 0.0000 22.8541 22.8541 7.0000e- 003 0.0000 23.00114.2200e- 003 4.2200e- 003 3.8800e- 003 3.8800e- 003 Off-Road 7.2100e- 003 0.1195 0.1610 2.5000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Archit. Coating 1.5385 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.7 Interior construction - 2017 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 16.4756 16.4756 7.0000e- 004 0.0000 16.49029.1600e- 003 5.7000e- 004 9.7300e- 003 2.4900e- 003 5.3000e- 004 3.0100e- 003 Total 0.0402 0.0689 0.3722 2.1000e- 004 0.0000 8.1698 8.1698 6.0000e- 004 0.0000 8.18237.3800e- 003 1.3000e- 004 7.5100e- 003 1.9800e- 003 1.2000e- 004 2.0900e- 003 Worker 0.0225 8.4400e- 003 0.1058 1.1000e- 004 0.0000 8.3058 8.3058 1.0000e- 004 0.0000 8.30791.7800e- 003 4.4000e- 004 2.2200e- 003 5.1000e- 004 4.1000e- 004 9.2000e- 004 Vendor 0.0177 0.0605 0.2665 1.0000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 67 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Paving0.0000 0.0000 2.1470 2.1470 6.6000e- 004 0.0000 2.16087.8000e- 004 7.8000e- 004 7.8000e- 004 7.8000e- 004 Off-Road 1.0100e- 003 0.0213 0.0176 2.0000e- 005 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.0327 0.0327 0.0000 0.0000 0.03273.0000e- 005 0.0000 3.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Total 9.0000e- 005 3.0000e- 005 4.2000e- 004 0.0000 0.0000 0.0327 0.0327 0.0000 0.0000 0.03273.0000e- 005 0.0000 3.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Worker 9.0000e- 005 3.0000e- 005 4.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 2.1470 2.1470 6.6000e- 004 0.0000 2.16091.4500e- 003 1.4500e- 003 1.3400e- 003 1.3400e- 003 Total 2.2600e- 003 0.0226 0.0163 2.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Paving0.0000 0.0000 2.1470 2.1470 6.6000e- 004 0.0000 2.16091.4500e- 003 1.4500e- 003 1.3400e- 003 1.3400e- 003 Off-Road 2.2600e- 003 0.0226 0.0163 2.0000e- 005 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.8 Paving - 2017 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 1.1845 1.1845 9.0000e- 005 0.0000 1.18631.0700e- 003 2.0000e- 005 1.0900e- 003 2.9000e- 004 2.0000e- 005 3.0000e- 004 Total 3.2600e- 003 1.2200e- 003 0.0153 2.0000e- 005 0.0000 1.1845 1.1845 9.0000e- 005 0.0000 1.18631.0700e- 003 2.0000e- 005 1.0900e- 003 2.9000e- 004 2.0000e- 005 3.0000e- 004 Worker 3.2600e- 003 1.2200e- 003 0.0153 2.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 22.8541 22.8541 7.0000e- 003 0.0000 23.00119.7100e- 003 9.7100e- 003 9.7100e- 003 9.7100e- 003 Total 1.5501 0.2401 0.1870 2.5000e- 004 68 0.0000 0.0327 0.0327 0.0000 0.0000 0.03273.0000e- 005 0.0000 3.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Total 9.0000e- 005 3.0000e- 005 4.2000e- 004 0.0000 0.0000 0.0327 0.0327 0.0000 0.0000 0.03273.0000e- 005 0.0000 3.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Worker 9.0000e- 005 3.0000e- 005 4.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 2.1470 2.1470 6.6000e- 004 0.0000 2.16087.8000e- 004 7.8000e- 004 7.8000e- 004 7.8000e- 004 Total 1.0100e- 003 0.0213 0.0176 2.0000e- 005 69 tblOffRoadEquipment LoadFactor 0.41 0.41 tblOffRoadEquipment LoadFactor 0.36 0.36 tblOffRoadEquipment LoadFactor 0.38 0.38 tblOffRoadEquipment LoadFactor 0.38 0.38 tblGrading MaterialExported 0.00 162.00 tblGrading MaterialImported 0.00 162.00 tblGrading AcresOfGrading 1.25 0.00 tblGrading AcresOfGrading 0.00 0.50 tblConstructionPhase NumDays 5.00 10.00 tblConstructionPhase NumDays 1.00 5.00 tblConstructionPhase NumDays 10.00 4.00 tblConstructionPhase NumDays 2.00 5.00 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 Table Name Column Name Default Value New Value tblConstEquipMitigation Tier No Change Tier 2 Off-road Equipment - Based on provided construction worksheet Off-road Equipment - Based on provided construction worksheet Grading - Based on provided construction worksheet Demolition - Based on provided construction worksheet Trips and VMT - Based on provided construction worksheet - asphalt + cement trips added Construction Off-road Equipment Mitigation - Tier 2 equipment and BMPs for fugitive PM2.5 1.3 User Entered Comments & Non-Default Data Project Characteristics - Construction only Land Use - Based on provided construction worksheet Construction Phase - Based on provided construction worksheet Off-road Equipment - Based on provided construction worksheet Off-road Equipment - Based on provided construction worksheet CO2 Intensity (lb/MWhr) 429 CH4 Intensity (lb/MWhr) 0.029 N2O Intensity (lb/MWhr) 0.006 70 Climate Zone 5 Operational Year 2018 Utility Company Pacific Gas & Electric Company 1.2 Other Project Characteristics Urbanization Urban Wind Speed (m/s)2.2 Precipitation Freq (Days) Population Parking Lot 8.76 1000sqft 0.20 8,762.00 0 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area CalEEMod Version: CalEEMod.2013.2.2 Page 1 of 1 Date: 11/2/2015 12:46 PM SSF Parcel B San Mateo County, Annual 1.0 Project Characteristics 70 4 2 Site Preparation Site Preparation 7/7/2017 7/13/2017 5 5 End Date Num Days Week Num Days Phase Description 1 Demolition Demolition 7/1/2017 7/6/2017 5 3.0 Construction Detail Construction Phase Phase Number Phase Name Phase Type Start Date 0.00 0.00 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 NBio- CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2ROGNOxCOSO2Fugitive PM10 0.0000 10.9410 10.9410 1.6900e- 003 0.0000 10.97667.3700e- 003 4.4700e- 003 0.0118 2.0600e- 003 4.1900e- 003 6.2500e- 003 Total 9.0800e- 003 0.0841 0.0751 1.2000e- 004 0.0000 10.9410 10.9410 1.6900e- 003 0.0000 10.97667.3700e- 003 4.4700e- 003 0.0118 2.0600e- 003 4.1900e- 003 6.2500e- 003 2017 9.0800e- 003 0.0841 0.0751 1.2000e- 004 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 10.9410 10.9410 1.6900e- 003 0.0000 10.97667.3700e- 003 4.4700e- 003 0.0118 2.0600e- 003 4.1900e- 003 6.2500e- 003 Total 9.0800e- 003 0.0841 0.0751 1.2000e- 004 0.0000 10.9410 10.9410 1.6900e- 003 0.0000 10.97667.3700e- 003 4.4700e- 003 0.0118 2.0600e- 003 4.1900e- 003 6.2500e- 003 2017 9.0800e- 003 0.0841 0.0751 1.2000e- 004 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 2.0 Emissions Summary 2.1 Overall Construction Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 tblProjectCharacteristics OperationalYear 2014 2018 tblTripsAndVMT HaulingTripNumber 0.00 52.00 tblOffRoadEquipment UsageHours 7.00 2.00 tblProjectCharacteristics CO2IntensityFactor 641.35 429 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment UsageHours 8.00 2.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 4.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentType Graders tblOffRoadEquipment OffRoadEquipmentType Paving Equipment tblOffRoadEquipment OffRoadEquipmentType Excavators tblOffRoadEquipment OffRoadEquipmentType Excavators 71 0.0000 0.9687 0.9687 2.4000e- 004 0.0000 0.97373.4800e- 003 5.1000e- 004 3.9900e- 003 5.3000e- 004 4.8000e- 004 1.0100e- 003 Total 9.5000e- 004 9.4700e- 003 7.8000e- 003 1.0000e- 005 0.0000 0.9687 0.9687 2.4000e- 004 0.0000 0.97375.1000e- 004 5.1000e- 004 4.8000e- 004 4.8000e- 004 Off-Road 9.5000e- 004 9.4700e- 003 7.8000e- 003 1.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00003.4800e- 003 0.0000 3.4800e- 003 5.3000e- 004 0.0000 5.3000e- 004 CO2e Category tons/yr MT/yr Fugitive Dust PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2OSO2Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 3.1 Mitigation Measures Construction Use Cleaner Engines for Construction Equipment Clean Paved Roads 3.2 Demolition - 2017 Unmitigated Construction On-Site ROG NOx CO 12.40 7.30 20.00 LD_Mix HDT_Mix HHDT 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 2 5.00 0.00 52.00 Grading 6 15.00 0.00 32.00 12.40 12.40 7.30 20.00 LD_Mix HDT_Mix HHDT 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 1 3.00 0.00 0.00 Demolition 3 8.00 0.00 32.00 12.40 Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Site Preparation Tractors/Loaders/Backhoes 1 8.00 97 0.37 Paving Tractors/Loaders/Backhoes 0 7.00 97 0.37 Grading Tractors/Loaders/Backhoes 2 6.00 97 0.37 Demolition Tractors/Loaders/Backhoes 0 6.00 97 0.37 Paving Paving Equipment 1 2.00 130 0.36 Grading Rubber Tired Dozers 1 1.00 255 0.40 Demolition Rubber Tired Dozers 1 1.00 255 0.40 Paving Rollers 1 2.00 80 0.38 Paving Pavers 0 7.00 125 0.42 Site Preparation Graders 0 8.00 174 0.41 Grading Graders 1 4.00 174 0.41 Grading Excavators 1 4.00 162 0.38 Grading Concrete/Industrial Saws 1 8.00 81 0.73 Demolition Concrete/Industrial Saws 1 2.00 81 0.73 Paving Cement and Mortar Mixers 0 6.00 9 0.56 Load Factor Demolition Excavators 1 4.00 162 0.38 Acres of Grading (Site Preparation Phase): 0.5 Acres of Grading (Grading Phase): 0 Acres of Paving: 0 Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 0; Non-Residential Outdoor: 0 (Architectural Coating – sqft) OffRoad Equipment Phase Name Offroad Equipment Type Amount Usage Hours Horse Power 5 4 Paving Paving 7/21/2017 8/3/2017 5 10 3 Grading Grading 7/14/2017 7/20/2017 5 72 0.0000 0.7218 0.7218 2.2000e- 004 0.0000 0.72652.7000e- 004 5.7000e- 004 8.4000e- 004 3.0000e- 005 5.3000e- 004 5.6000e- 004 Total 7.9000e- 004 7.6100e- 003 5.9800e- 003 1.0000e- 005 0.0000 0.7218 0.7218 2.2000e- 004 0.0000 0.72655.7000e- 004 5.7000e- 004 5.3000e- 004 5.3000e- 004 Off-Road 7.9000e- 004 7.6100e- 003 5.9800e- 003 1.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00002.7000e- 004 0.0000 2.7000e- 004 3.0000e- 005 0.0000 3.0000e- 005 Fugitive Dust Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.3 Site Preparation - 2017 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 1.1711 1.1711 2.0000e- 005 0.0000 1.17144.1000e- 004 5.0000e- 005 4.7000e- 004 1.1000e- 004 5.0000e- 005 1.6000e- 004 Total 4.4000e- 004 4.4200e- 003 6.2400e- 003 1.0000e- 005 0.0000 0.1256 0.1256 1.0000e- 005 0.0000 0.12571.4000e- 004 0.0000 1.5000e- 004 4.0000e- 005 0.0000 4.0000e- 005 Worker 5.0000e- 005 8.0000e- 005 7.6000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 1.0455 1.0455 1.0000e- 005 0.0000 1.04572.7000e- 004 5.0000e- 005 3.2000e- 004 7.0000e- 005 5.0000e- 005 1.2000e- 004 Hauling 3.9000e- 004 4.3400e- 003 5.4800e- 003 1.0000e- 005 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.9687 0.9687 2.4000e- 004 0.0000 0.97373.4800e- 003 5.1000e- 004 3.9900e- 003 5.3000e- 004 4.8000e- 004 1.0100e- 003 Total 9.5000e- 004 9.4700e- 003 7.8000e- 003 1.0000e- 005 0.0000 0.9687 0.9687 2.4000e- 004 0.0000 0.97375.1000e- 004 5.1000e- 004 4.8000e- 004 4.8000e- 004 Off-Road 9.5000e- 004 9.4700e- 003 7.8000e- 003 1.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00003.4800e- 003 0.0000 3.4800e- 003 5.3000e- 004 0.0000 5.3000e- 004 Fugitive Dust Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 1.1711 1.1711 2.0000e- 005 0.0000 1.17144.1000e- 004 5.0000e- 005 4.7000e- 004 1.1000e- 004 5.0000e- 005 1.6000e- 004 Total 4.4000e- 004 4.4200e- 003 6.2400e- 003 1.0000e- 005 0.0000 0.1256 0.1256 1.0000e- 005 0.0000 0.12571.4000e- 004 0.0000 1.5000e- 004 4.0000e- 005 0.0000 4.0000e- 005 Worker 5.0000e- 005 8.0000e- 005 7.6000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 1.0455 1.0455 1.0000e- 005 0.0000 1.04572.7000e- 004 5.0000e- 005 3.2000e- 004 7.0000e- 005 5.0000e- 005 1.2000e- 004 Hauling 3.9000e- 004 4.3400e- 003 5.4800e- 003 1.0000e- 005 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 73 Unmitigated Construction Off-Site 0.0000 4.0224 4.0224 9.4000e- 004 0.0000 4.04211.8800e- 003 2.7400e- 003 4.6200e- 003 1.0300e- 003 2.5800e- 003 3.6100e- 003 Total 4.6500e- 003 0.0433 0.0318 4.0000e- 005 0.0000 4.0224 4.0224 9.4000e- 004 0.0000 4.04212.7400e- 003 2.7400e- 003 2.5800e- 003 2.5800e- 003 Off-Road 4.6500e- 003 0.0433 0.0318 4.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00001.8800e- 003 0.0000 1.8800e- 003 1.0300e- 003 0.0000 1.0300e- 003 Fugitive Dust Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.4 Grading - 2017 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.0589 0.0589 0.0000 0.0000 0.05897.0000e- 005 0.0000 7.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 Total 2.0000e- 005 4.0000e- 005 3.5000e- 004 0.0000 0.0000 0.0589 0.0589 0.0000 0.0000 0.05897.0000e- 005 0.0000 7.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 Worker 2.0000e- 005 4.0000e- 005 3.5000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.7218 0.7218 2.2000e- 004 0.0000 0.72652.7000e- 004 5.7000e- 004 8.4000e- 004 3.0000e- 005 5.3000e- 004 5.6000e- 004 Total 7.9000e- 004 7.6100e- 003 5.9800e- 003 1.0000e- 005 0.0000 0.7218 0.7218 2.2000e- 004 0.0000 0.72655.7000e- 004 5.7000e- 004 5.3000e- 004 5.3000e- 004 Off-Road 7.9000e- 004 7.6100e- 003 5.9800e- 003 1.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00002.7000e- 004 0.0000 2.7000e- 004 3.0000e- 005 0.0000 3.0000e- 005 Fugitive Dust Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.0589 0.0589 0.0000 0.0000 0.05897.0000e- 005 0.0000 7.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 Total 2.0000e- 005 4.0000e- 005 3.5000e- 004 0.0000 0.0000 0.0589 0.0589 0.0000 0.0000 0.05897.0000e- 005 0.0000 7.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 Worker 2.0000e- 005 4.0000e- 005 3.5000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 74 Unmitigated Construction Off-Site 0.0000 0.7631 0.7631 2.3000e- 004 0.0000 0.76804.6000e- 004 4.6000e- 004 4.2000e- 004 4.2000e- 004 Total 1.0000e- 003 7.5900e- 003 5.6200e- 003 1.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Paving2.6000e- 004 0.0000 0.7631 0.7631 2.3000e- 004 0.0000 0.76804.6000e- 004 4.6000e- 004 4.2000e- 004 4.2000e- 004 Off-Road 7.4000e- 004 7.5900e- 003 5.6200e- 003 1.0000e- 005 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.5 Paving - 2017 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 1.3399 1.3399 3.0000e- 005 0.0000 1.34036.1000e- 004 5.0000e- 005 6.6000e- 004 1.6000e- 004 5.0000e- 005 2.1000e- 004 Total 5.1000e- 004 4.5300e- 003 7.2500e- 003 1.0000e- 005 0.0000 0.2943 0.2943 2.0000e- 005 0.0000 0.29473.4000e- 004 0.0000 3.4000e- 004 9.0000e- 005 0.0000 9.0000e- 005 Worker 1.2000e- 004 1.9000e- 004 1.7700e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 1.0455 1.0455 1.0000e- 005 0.0000 1.04572.7000e- 004 5.0000e- 005 3.2000e- 004 7.0000e- 005 5.0000e- 005 1.2000e- 004 Hauling 3.9000e- 004 4.3400e- 003 5.4800e- 003 1.0000e- 005 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 4.0224 4.0224 9.4000e- 004 0.0000 4.04211.8800e- 003 2.7400e- 003 4.6200e- 003 1.0300e- 003 2.5800e- 003 3.6100e- 003 Total 4.6500e- 003 0.0433 0.0318 4.0000e- 005 0.0000 4.0224 4.0224 9.4000e- 004 0.0000 4.04212.7400e- 003 2.7400e- 003 2.5800e- 003 2.5800e- 003 Off-Road 4.6500e- 003 0.0433 0.0318 4.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00001.8800e- 003 0.0000 1.8800e- 003 1.0300e- 003 0.0000 1.0300e- 003 Fugitive Dust Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 1.3399 1.3399 3.0000e- 005 0.0000 1.34036.1000e- 004 5.0000e- 005 6.6000e- 004 1.6000e- 004 5.0000e- 005 2.1000e- 004 Total 5.1000e- 004 4.5300e- 003 7.2500e- 003 1.0000e- 005 0.0000 0.2943 0.2943 2.0000e- 005 0.0000 0.29473.4000e- 004 0.0000 3.4000e- 004 9.0000e- 005 0.0000 9.0000e- 005 Worker 1.2000e- 004 1.9000e- 004 1.7700e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 1.0455 1.0455 1.0000e- 005 0.0000 1.04572.7000e- 004 5.0000e- 005 3.2000e- 004 7.0000e- 005 5.0000e- 005 1.2000e- 004 Hauling 3.9000e- 004 4.3400e- 003 5.4800e- 003 1.0000e- 005 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 75 0.0000 1.8952 1.8952 2.0000e- 005 0.0000 1.89576.6000e- 004 9.0000e- 005 7.5000e- 004 1.8000e- 004 8.0000e- 005 2.6000e- 004 Total 7.1000e- 004 7.1800e- 003 0.0101 2.0000e- 005 0.0000 0.1962 0.1962 1.0000e- 005 0.0000 0.19642.3000e- 004 0.0000 2.3000e- 004 6.0000e- 005 0.0000 6.0000e- 005 Worker 8.0000e- 005 1.3000e- 004 1.1800e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 1.6990 1.6990 1.0000e- 005 0.0000 1.69924.3000e- 004 9.0000e- 005 5.2000e- 004 1.2000e- 004 8.0000e- 005 2.0000e- 004 Hauling 6.3000e- 004 7.0500e- 003 8.9000e- 003 2.0000e- 005 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.7631 0.7631 2.3000e- 004 0.0000 0.76804.6000e- 004 4.6000e- 004 4.2000e- 004 4.2000e- 004 Total 1.0000e- 003 7.5900e- 003 5.6200e- 003 1.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Paving2.6000e- 004 0.0000 0.7631 0.7631 2.3000e- 004 0.0000 0.76804.6000e- 004 4.6000e- 004 4.2000e- 004 4.2000e- 004 Off-Road 7.4000e- 004 7.5900e- 003 5.6200e- 003 1.0000e- 005 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 1.8952 1.8952 2.0000e- 005 0.0000 1.89576.6000e- 004 9.0000e- 005 7.5000e- 004 1.8000e- 004 8.0000e- 005 2.6000e- 004 Total 7.1000e- 004 7.1800e- 003 0.0101 2.0000e- 005 0.0000 0.1962 0.1962 1.0000e- 005 0.0000 0.19642.3000e- 004 0.0000 2.3000e- 004 6.0000e- 005 0.0000 6.0000e- 005 Worker 8.0000e- 005 1.3000e- 004 1.1800e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 1.6990 1.6990 1.0000e- 005 0.0000 1.69924.3000e- 004 9.0000e- 005 5.2000e- 004 1.2000e- 004 8.0000e- 005 2.0000e- 004 Hauling 6.3000e- 004 7.0500e- 003 8.9000e- 003 2.0000e- 005 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 76 tblConstEquipMitigation Tier No Change Tier 4 Final tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation Tier No Change Tier 4 Final tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 3.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 2.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 3.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 2.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 Demolition - Based on provided construction worksheet Grading - Based on provided construction worksheet Architectural Coating - Construction Off-road Equipment Mitigation - Tier 2 Equipment and BMPs for fugitive dust Table Name Column Name Default Value New Value Off-road Equipment - Based on provided construciton worksheet Off-road Equipment - Based on provided construciton worksheet Off-road Equipment - Based on provided construction worksheet Off-road Equipment - Based on provided construciton worksheet Off-road Equipment - Based on provided construciton worksheet Trips and VMT - added cement and asphalt trips. Set trip lengths to 1 mile 1.3 User Entered Comments & Non-Default Data Project Characteristics - PG&E 2013 Certified Rate Land Use - Based on provided construction worksheet and plans Construction Phase - Based on provided construciton worksheet - compressed schedule Off-road Equipment - Based on provided construction worksheet - assumed 218 hrs was mistake input Off-road Equipment - Based on provided construction worksheet CO2 Intensity (lb/MWhr) 641.35 CH4 Intensity (lb/MWhr) 0.029 N2O Intensity (lb/MWhr) 0.006 70 Climate Zone 5 Operational Year 2019 Utility Company Pacific Gas & Electric Company 1.2 Other Project Characteristics Urbanization Urban Wind Speed (m/s)2.2 Precipitation Freq (Days) Apartments Mid Rise 12.00 Dwelling Unit 0.40 22,016.00 34 Population Parking Lot 8.00 1000sqft 0.00 8,000.00 0 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area CalEEMod Version: CalEEMod.2013.2.2 Page 1 of 1 Date: 11/9/2015 12:51 PM SSF Parcel C San Mateo County, Annual 1.0 Project Characteristics 77 tblTripsAndVMT VendorTripLength 7.30 1.00 tblTripsAndVMT HaulingTripNumber 0.00 15.00 tblTripsAndVMT VendorTripLength 7.30 1.00 tblTripsAndVMT HaulingTripLength 20.00 1.00 tblTripsAndVMT HaulingTripNumber 0.00 76.00 tblTripsAndVMT HaulingTripLength 20.00 1.00 tblTripsAndVMT HaulingTripLength 20.00 1.00 tblTripsAndVMT HaulingTripLength 20.00 1.00 tblTripsAndVMT HaulingTripLength 20.00 1.00 tblTripsAndVMT HaulingTripLength 20.00 1.00 tblTripsAndVMT HaulingTripLength 20.00 1.00 tblOffRoadEquipment UsageHours 8.00 6.00 tblProjectCharacteristics OperationalYear 2014 2019 tblOffRoadEquipment UsageHours 6.00 5.00 tblOffRoadEquipment UsageHours 7.00 1.00 tblOffRoadEquipment UsageHours 8.00 2.00 tblOffRoadEquipment UsageHours 4.00 0.50 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 1.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 4.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblLandUse LotAcreage 0.32 0.40 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblLandUse LandUseSquareFeet 12,000.00 22,016.00 tblLandUse LotAcreage 0.18 0.00 tblGrading MaterialExported 0.00 322.00 tblGrading MaterialImported 0.00 322.00 tblGrading AcresOfGrading 1.88 1.00 tblGrading AcresOfGrading 0.00 0.50 tblConstructionPhase PhaseEndDate 10/4/2019 6/17/2019 tblConstructionPhase PhaseStartDate 4/20/2019 1/1/2019 tblConstructionPhase NumDays 5.00 10.00 tblConstructionPhase NumDays 1.00 5.00 tblConstructionPhase NumDays 10.00 15.00 tblConstructionPhase NumDays 2.00 15.00 tblConstructionPhase NumDays 5.00 120.00 tblConstructionPhase NumDays 100.00 160.00 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 4 Final tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 4 Final tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 78 15 4 Utilities Trenching 8/18/2018 9/7/2018 5 15 3 Grading Grading 7/28/2018 8/17/2018 5 15 2 Site Preparation Site Preparation 7/21/2018 7/27/2018 5 5 End Date Num Days Week Num Days Phase Description 1 Demolition Demolition 7/1/2018 7/20/2018 5 3.0 Construction Detail Construction Phase Phase Number Phase Name Phase Type Start Date 0.00 0.00 0.00 0.00 0.00 0.0047.26 66.87 62.51 42.18 65.17 64.04 NBio- CO2 Total CO2 CH4 N20 CO2e Percent Reduction 16.42 24.05 -6.46 0.00 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2ROGNOxCOSO2Fugitive PM10 0.0000 70.5971 70.5971 0.0154 0.0000 70.92144.7200e- 003 0.0102 0.0149 8.5000e- 004 0.0102 0.0111Total0.1817 0.4004 0.5985 8.1000e- 004 0.0000 39.3723 39.3723 9.1900e- 003 0.0000 39.56536.0000e- 004 3.9100e- 003 4.5000e- 003 1.6000e- 004 3.9000e- 003 4.0700e- 003 2019 0.1691 0.2157 0.3304 4.5000e- 004 0.0000 31.2248 31.2248 6.2500e- 003 0.0000 31.35604.1200e- 003 6.3000e- 003 0.0104 6.9000e- 004 6.2900e- 003 6.9800e- 003 2018 0.0126 0.1847 0.2681 3.6000e- 004 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 70.5971 70.5971 0.0154 0.0000 70.92158.9500e- 003 0.0308 0.0398 1.4700e- 003 0.0293 0.0307Total0.2174 0.5272 0.5622 8.1000e- 004 0.0000 39.3723 39.3723 9.1900e- 003 0.0000 39.56546.0000e- 004 0.0132 0.0138 1.6000e- 004 0.0125 0.012720190.1835 0.2553 0.3033 4.5000e- 004 0.0000 31.2248 31.2248 6.2500e- 003 0.0000 31.35618.3500e- 003 0.0176 0.0260 1.3100e- 003 0.0167 0.018020180.0339 0.2719 0.2589 3.6000e- 004 CH4 N2O CO2e Year tons/yr MT/yr Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total tblTripsAndVMT WorkerTripLength 12.40 1.00 2.0 Emissions Summary 2.1 Overall Construction tblTripsAndVMT WorkerTripLength 12.40 1.00 tblTripsAndVMT WorkerTripLength 12.40 1.00 tblTripsAndVMT WorkerTripLength 12.40 1.00 tblTripsAndVMT WorkerTripLength 12.40 1.00 tblTripsAndVMT WorkerTripLength 12.40 1.00 tblTripsAndVMT WorkerTripLength 12.40 1.00 tblTripsAndVMT VendorTripLength 7.30 1.00 tblTripsAndVMT VendorTripLength 7.30 1.00 tblTripsAndVMT VendorTripLength 7.30 1.00 tblTripsAndVMT VendorTripLength 7.30 1.00 tblTripsAndVMT VendorTripLength 7.30 1.00 79 Use Cleaner Engines for Construction Equipment Water Exposed Area 1.00 1.00 LD_Mix HDT_Mix HHDT 3.1 Mitigation Measures Construction Paving 2 5.00 0.00 15.00 1.00 1.00 1.00 1.00 LD_Mix HDT_Mix HHDT 1.00 1.00 LD_Mix HDT_Mix HHDT Architectural Coating 2 2.00 0.00 0.00 Building Construction 5 12.00 3.00 76.00 1.00 1.00 1.00 1.00 LD_Mix HDT_Mix HHDT 1.00 1.00 LD_Mix HDT_Mix HHDT Utilities 2 5.00 0.00 0.00 Grading 3 8.00 0.00 64.00 1.00 1.00 1.00 1.00 LD_Mix HDT_Mix HHDT 1.00 1.00 LD_Mix HDT_Mix HHDT Site Preparation 1 3.00 0.00 0.00 Demolition 2 5.00 0.00 64.00 1.00 Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Paving Tractors/Loaders/Backhoes 0 7.00 97 0.37 Paving Rollers 1 1.00 80 0.38 Paving Paving Equipment 1 1.00 130 0.36 Paving Pavers 0 7.00 125 0.42 Paving Cement and Mortar Mixers 0 6.00 9 0.56 Architectural Coating Air Compressors 0 6.00 78 0.48 Architectural Coating Aerial Lifts 2 8.00 62 0.31 Building Construction Welders 1 1.00 46 0.45 Building Construction Tractors/Loaders/Backhoes 0 8.00 97 0.37 Building Construction Generator Sets 1 4.00 84 0.74 Building Construction Forklifts 2 5.00 89 0.20 Building Construction Cranes 1 0.50 226 0.29 Utilities Tractors/Loaders/Backhoes 1 3.00 97 0.37 Utilities Excavators 1 3.00 162 0.38 Grading Tractors/Loaders/Backhoes 1 6.00 97 0.37 Grading Rubber Tired Dozers 0 1.00 255 0.40 Grading Graders 1 2.00 174 0.41 Grading Excavators 1 2.00 162 0.38 Grading Concrete/Industrial Saws 0 8.00 81 0.73 Site Preparation Tractors/Loaders/Backhoes 1 6.00 97 0.37 Site Preparation Graders 0 8.00 174 0.41 Demolition Tractors/Loaders/Backhoes 0 6.00 97 0.37 Demolition Rubber Tired Dozers 0 1.00 255 0.40 Demolition Excavators 1 4.00 162 0.38 Load Factor Demolition Concrete/Industrial Saws 1 2.00 81 0.73 OffRoad Equipment Phase Name Offroad Equipment Type Amount Usage Hours Horse Power 10 Acres of Grading (Site Preparation Phase): 0.5 Acres of Grading (Grading Phase): 1 Acres of Paving: 0 Residential Indoor: 44,582; Residential Outdoor: 14,861; Non-Residential Indoor: 360; Non-Residential Outdoor: 120 (Architectural 7 Paving Paving 6/18/2019 7/1/2019 5 160 6 Architectural Coating Architectural Coating 1/1/2019 6/17/2019 5 120 5 Building Construction Building Construction 9/8/2018 4/19/2019 5 80 0.0000 0.0295 0.0295 0.0000 0.0000 0.02963.0000e- 005 0.0000 3.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Worker 8.0000e- 005 3.0000e- 005 3.6000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.1494 0.1494 0.0000 0.0000 0.14943.0000e- 005 1.0000e- 005 3.0000e- 005 1.0000e- 005 1.0000e- 005 1.0000e- 005 Hauling 3.6000e- 004 1.0500e- 003 6.2800e- 003 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 2.8205 2.8205 6.4000e- 004 0.0000 2.83393.1100e- 003 5.4000e- 004 3.6500e- 003 4.7000e- 004 5.4000e- 004 1.0100e- 003 Total 8.9000e- 004 0.0175 0.0223 3.0000e- 005 0.0000 2.8205 2.8205 6.4000e- 004 0.0000 2.83395.4000e- 004 5.4000e- 004 5.4000e- 004 5.4000e- 004 Off-Road 8.9000e- 004 0.0175 0.0223 3.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00003.1100e- 003 0.0000 3.1100e- 003 4.7000e- 004 0.0000 4.7000e- 004 Fugitive Dust Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.1789 0.1789 0.0000 0.0000 0.17906.0000e- 005 1.0000e- 005 6.0000e- 005 2.0000e- 005 1.0000e- 005 2.0000e- 005 Total 4.4000e- 004 1.0800e- 003 6.6400e- 003 0.0000 0.0000 0.0295 0.0295 0.0000 0.0000 0.02963.0000e- 005 0.0000 3.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Worker 8.0000e- 005 3.0000e- 005 3.6000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.1494 0.1494 0.0000 0.0000 0.14943.0000e- 005 1.0000e- 005 3.0000e- 005 1.0000e- 005 1.0000e- 005 1.0000e- 005 Hauling 3.6000e- 004 1.0500e- 003 6.2800e- 003 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 2.8205 2.8205 6.4000e- 004 0.0000 2.83396.9000e- 003 1.0800e- 003 7.9800e- 003 1.0400e- 003 1.0300e- 003 2.0700e- 003 Total 2.0900e- 003 0.0192 0.0196 3.0000e- 005 0.0000 2.8205 2.8205 6.4000e- 004 0.0000 2.83391.0800e- 003 1.0800e- 003 1.0300e- 003 1.0300e- 003 Off-Road 2.0900e- 003 0.0192 0.0196 3.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00006.9000e- 003 0.0000 6.9000e- 003 1.0400e- 003 0.0000 1.0400e- 003 CO2e Category tons/yr MT/yr Fugitive Dust PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2OSO2Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 Clean Paved Roads 3.2 Demolition - 2018 Unmitigated Construction On-Site ROG NOx CO 81 0.0000 5.9000e- 003 5.9000e- 003 0.0000 0.0000 5.9100e- 003 1.0000e- 005 0.0000 1.0000e- 005 0.0000 0.0000 0.0000Worker2.0000e- 005 1.0000e- 005 7.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.5320 0.5320 1.7000e- 004 0.0000 0.53551.2000e- 004 2.3000e- 004 3.5000e- 004 1.0000e- 005 2.3000e- 004 2.4000e- 004 Total 2.7000e- 004 5.6400e- 003 4.3900e- 003 1.0000e- 005 0.0000 0.5320 0.5320 1.7000e- 004 0.0000 0.53552.3000e- 004 2.3000e- 004 2.3000e- 004 2.3000e- 004 Off-Road 2.7000e- 004 5.6400e- 003 4.3900e- 003 1.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00001.2000e- 004 0.0000 1.2000e- 004 1.0000e- 005 0.0000 1.0000e- 005 Fugitive Dust Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 5.9000e- 003 5.9000e- 003 0.0000 0.0000 5.9100e- 003 1.0000e- 005 0.0000 1.0000e- 005 0.0000 0.0000 0.0000Total2.0000e- 005 1.0000e- 005 7.0000e- 005 0.0000 0.0000 5.9000e- 003 5.9000e- 003 0.0000 0.0000 5.9100e- 003 1.0000e- 005 0.0000 1.0000e- 005 0.0000 0.0000 0.0000Worker2.0000e- 005 1.0000e- 005 7.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.5320 0.5320 1.7000e- 004 0.0000 0.53552.7000e- 004 3.5000e- 004 6.2000e- 004 3.0000e- 005 3.2000e- 004 3.5000e- 004 Total 5.0000e- 004 4.9300e- 003 4.3800e- 003 1.0000e- 005 0.0000 0.5320 0.5320 1.7000e- 004 0.0000 0.53553.5000e- 004 3.5000e- 004 3.2000e- 004 3.2000e- 004 Off-Road 5.0000e- 004 4.9300e- 003 4.3800e- 003 1.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00002.7000e- 004 0.0000 2.7000e- 004 3.0000e- 005 0.0000 3.0000e- 005 Fugitive Dust Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.3 Site Preparation - 2018 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.1789 0.1789 0.0000 0.0000 0.17906.0000e- 005 1.0000e- 005 6.0000e- 005 2.0000e- 005 1.0000e- 005 2.0000e- 005 Total 4.4000e- 004 1.0800e- 003 6.6400e- 003 0.0000 82 0.0000 0.0472 0.0472 0.0000 0.0000 0.04734.0000e- 005 0.0000 5.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Worker 1.2000e- 004 5.0000e- 005 5.7000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.1494 0.1494 0.0000 0.0000 0.14943.0000e- 005 1.0000e- 005 3.0000e- 005 1.0000e- 005 1.0000e- 005 1.0000e- 005 Hauling 3.6000e- 004 1.0500e- 003 6.2800e- 003 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 3.5667 3.5667 1.1100e- 003 0.0000 3.59002.4000e- 004 1.2500e- 003 1.4900e- 003 3.0000e- 005 1.2500e- 003 1.2800e- 003 Total 1.6500e- 003 0.0352 0.0294 4.0000e- 005 0.0000 3.5667 3.5667 1.1100e- 003 0.0000 3.59001.2500e- 003 1.2500e- 003 1.2500e- 003 1.2500e- 003 Off-Road 1.6500e- 003 0.0352 0.0294 4.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00002.4000e- 004 0.0000 2.4000e- 004 3.0000e- 005 0.0000 3.0000e- 005 Fugitive Dust Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.1966 0.1966 0.0000 0.0000 0.19677.0000e- 005 1.0000e- 005 8.0000e- 005 2.0000e- 005 1.0000e- 005 2.0000e- 005 Total 4.8000e- 004 1.1000e- 003 6.8500e- 003 0.0000 0.0000 0.0472 0.0472 0.0000 0.0000 0.04734.0000e- 005 0.0000 5.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Worker 1.2000e- 004 5.0000e- 005 5.7000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.1494 0.1494 0.0000 0.0000 0.14943.0000e- 005 1.0000e- 005 3.0000e- 005 1.0000e- 005 1.0000e- 005 1.0000e- 005 Hauling 3.6000e- 004 1.0500e- 003 6.2800e- 003 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 3.5667 3.5667 1.1100e- 003 0.0000 3.59015.3000e- 004 2.2100e- 003 2.7400e- 003 6.0000e- 005 2.0400e- 003 2.1000e- 003 Total 3.6100e- 003 0.0363 0.0282 4.0000e- 005 0.0000 3.5667 3.5667 1.1100e- 003 0.0000 3.59012.2100e- 003 2.2100e- 003 2.0400e- 003 2.0400e- 003 Off-Road 3.6100e- 003 0.0363 0.0282 4.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00005.3000e- 004 0.0000 5.3000e- 004 6.0000e- 005 0.0000 6.0000e- 005 Fugitive Dust Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.4 Grading - 2018 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 5.9000e- 003 5.9000e- 003 0.0000 0.0000 5.9100e- 003 1.0000e- 005 0.0000 1.0000e- 005 0.0000 0.0000 0.0000Total2.0000e- 005 1.0000e- 005 7.0000e- 005 0.0000 83 0.0000 0.0295 0.0295 0.0000 0.0000 0.02963.0000e- 005 0.0000 3.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Worker 8.0000e- 005 3.0000e- 005 3.6000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 2.1573 2.1573 6.7000e- 004 0.0000 2.17147.3000e- 004 7.3000e- 004 7.3000e- 004 7.3000e- 004 Total 9.9000e- 004 0.0212 0.0179 2.0000e- 005 0.0000 2.1573 2.1573 6.7000e- 004 0.0000 2.17147.3000e- 004 7.3000e- 004 7.3000e- 004 7.3000e- 004 Off-Road 9.9000e- 004 0.0212 0.0179 2.0000e- 005 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.0295 0.0295 0.0000 0.0000 0.02963.0000e- 005 0.0000 3.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Total 8.0000e- 005 3.0000e- 005 3.6000e- 004 0.0000 0.0000 0.0295 0.0295 0.0000 0.0000 0.02963.0000e- 005 0.0000 3.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Worker 8.0000e- 005 3.0000e- 005 3.6000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 2.1573 2.1573 6.7000e- 004 0.0000 2.17149.6000e- 004 9.6000e- 004 8.8000e- 004 8.8000e- 004 Total 1.5800e- 003 0.0163 0.0160 2.0000e- 005 0.0000 2.1573 2.1573 6.7000e- 004 0.0000 2.17149.6000e- 004 9.6000e- 004 8.8000e- 004 8.8000e- 004 Off-Road 1.5800e- 003 0.0163 0.0160 2.0000e- 005 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.5 Utilities - 2018 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.1966 0.1966 0.0000 0.0000 0.19677.0000e- 005 1.0000e- 005 8.0000e- 005 2.0000e- 005 1.0000e- 005 2.0000e- 005 Total 4.8000e- 004 1.1000e- 003 6.8500e- 003 0.0000 84 0.0000 0.3826 0.3826 3.0000e- 005 0.0000 0.38323.6000e- 004 1.0000e- 005 3.6000e- 004 1.0000e- 004 1.0000e- 005 1.0000e- 004 Worker 1.0100e- 003 3.7000e- 004 4.6400e- 003 1.0000e- 005 0.0000 0.4994 0.4994 1.0000e- 005 0.0000 0.49961.1000e- 004 2.0000e- 005 1.3000e- 004 3.0000e- 005 2.0000e- 005 5.0000e- 005 Vendor 1.0000e- 003 3.4500e- 003 0.0156 1.0000e- 005 0.0000 0.0898 0.0898 0.0000 0.0000 0.08983.0000e- 005 0.0000 3.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Hauling 2.2000e- 004 6.3000e- 004 3.7800e- 003 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 20.7656 20.7656 3.6100e- 003 0.0000 20.84143.5000e- 003 3.5000e- 003 3.5000e- 003 3.5000e- 003 Total 5.5600e- 003 0.0985 0.1561 2.4000e- 004 0.0000 20.7656 20.7656 3.6100e- 003 0.0000 20.84143.5000e- 003 3.5000e- 003 3.5000e- 003 3.5000e- 003 Off-Road 5.5600e- 003 0.0985 0.1561 2.4000e- 004 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.9718 0.9718 4.0000e- 005 0.0000 0.97265.0000e- 004 3.0000e- 005 5.2000e- 004 1.4000e- 004 3.0000e- 005 1.6000e- 004 Total 2.2300e- 003 4.4500e- 003 0.0240 2.0000e- 005 0.0000 0.3826 0.3826 3.0000e- 005 0.0000 0.38323.6000e- 004 1.0000e- 005 3.6000e- 004 1.0000e- 004 1.0000e- 005 1.0000e- 004 Worker 1.0100e- 003 3.7000e- 004 4.6400e- 003 1.0000e- 005 0.0000 0.4994 0.4994 1.0000e- 005 0.0000 0.49961.1000e- 004 2.0000e- 005 1.3000e- 004 3.0000e- 005 2.0000e- 005 5.0000e- 005 Vendor 1.0000e- 003 3.4500e- 003 0.0156 1.0000e- 005 0.0000 0.0898 0.0898 0.0000 0.0000 0.08983.0000e- 005 0.0000 3.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Hauling 2.2000e- 004 6.3000e- 004 3.7800e- 003 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 20.7656 20.7656 3.6100e- 003 0.0000 20.84150.0130 0.0130 0.0124 0.0124Total0.0229 0.1884 0.1529 2.4000e- 004 0.0000 20.7656 20.7656 3.6100e- 003 0.0000 20.84150.0130 0.0130 0.0124 0.0124Off-Road 0.0229 0.1884 0.1529 2.4000e- 004 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.6 Building Construction - 2018 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.0295 0.0295 0.0000 0.0000 0.02963.0000e- 005 0.0000 3.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Total 8.0000e- 005 3.0000e- 005 3.6000e- 004 0.0000 85 0.0000 0.3600 0.3600 2.0000e- 005 0.0000 0.36043.5000e- 004 1.0000e- 005 3.6000e- 004 9.0000e- 005 1.0000e- 005 1.0000e- 004 Worker 9.3000e- 004 3.3000e- 004 4.1400e- 003 1.0000e- 005 0.0000 0.4784 0.4784 1.0000e- 005 0.0000 0.47851.1000e- 004 2.0000e- 005 1.3000e- 004 3.0000e- 005 2.0000e- 005 5.0000e- 005 Vendor 8.8000e- 004 3.1500e- 003 0.0142 1.0000e- 005 0.0000 0.0859 0.0859 0.0000 0.0000 0.08603.0000e- 005 0.0000 3.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Hauling 1.9000e- 004 5.8000e- 004 3.4600e- 003 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 20.1217 20.1217 3.4000e- 003 0.0000 20.19323.4100e- 003 3.4100e- 003 3.4100e- 003 3.4100e- 003 Total 5.4200e- 003 0.0961 0.1523 2.3000e- 004 0.0000 20.1217 20.1217 3.4000e- 003 0.0000 20.19323.4100e- 003 3.4100e- 003 3.4100e- 003 3.4100e- 003 Off-Road 5.4200e- 003 0.0961 0.1523 2.3000e- 004 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.9243 0.9243 3.0000e- 005 0.0000 0.92504.9000e- 004 3.0000e- 005 5.2000e- 004 1.3000e- 004 3.0000e- 005 1.6000e- 004 Total 2.0000e- 003 4.0600e- 003 0.0218 2.0000e- 005 0.0000 0.3600 0.3600 2.0000e- 005 0.0000 0.36043.5000e- 004 1.0000e- 005 3.6000e- 004 9.0000e- 005 1.0000e- 005 1.0000e- 004 Worker 9.3000e- 004 3.3000e- 004 4.1400e- 003 1.0000e- 005 0.0000 0.4784 0.4784 1.0000e- 005 0.0000 0.47851.1000e- 004 2.0000e- 005 1.3000e- 004 3.0000e- 005 2.0000e- 005 5.0000e- 005 Vendor 8.8000e- 004 3.1500e- 003 0.0142 1.0000e- 005 0.0000 0.0859 0.0859 0.0000 0.0000 0.08603.0000e- 005 0.0000 3.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Hauling 1.9000e- 004 5.8000e- 004 3.4600e- 003 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 20.1218 20.1218 3.4000e- 003 0.0000 20.19320.0110 0.0110 0.0105 0.0105Total0.0198 0.1677 0.1470 2.3000e- 004 0.0000 20.1218 20.1218 3.4000e- 003 0.0000 20.19320.0110 0.0110 0.0105 0.0105Off-Road 0.0198 0.1677 0.1470 2.3000e- 004 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.6 Building Construction - 2019 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.9718 0.9718 4.0000e- 005 0.0000 0.97265.0000e- 004 3.0000e- 005 5.2000e- 004 1.4000e- 004 3.0000e- 005 1.6000e- 004 Total 2.2300e- 003 4.4500e- 003 0.0240 2.0000e- 005 86 0.0000 0.0911 0.0911 1.0000e- 005 0.0000 0.09139.0000e- 005 0.0000 9.0000e- 005 2.0000e- 005 0.0000 3.0000e- 005 Worker 2.3000e- 004 8.0000e- 005 1.0500e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 17.8093 17.8093 5.6300e- 003 0.0000 17.92763.3000e- 004 3.3000e- 004 3.3000e- 004 3.3000e- 004 Total 0.1611 0.1115 0.1505 2.0000e- 004 0.0000 17.8093 17.8093 5.6300e- 003 0.0000 17.92763.3000e- 004 3.3000e- 004 3.3000e- 004 3.3000e- 004 Off-Road 4.8800e- 003 0.1115 0.1505 2.0000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Archit. Coating 0.1562 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.0911 0.0911 1.0000e- 005 0.0000 0.09139.0000e- 005 0.0000 9.0000e- 005 2.0000e- 005 0.0000 3.0000e- 005 Total 2.3000e- 004 8.0000e- 005 1.0500e- 003 0.0000 0.0000 0.0911 0.0911 1.0000e- 005 0.0000 0.09139.0000e- 005 0.0000 9.0000e- 005 2.0000e- 005 0.0000 3.0000e- 005 Worker 2.3000e- 004 8.0000e- 005 1.0500e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 17.8093 17.8093 5.6300e- 003 0.0000 17.92761.9700e- 003 1.9700e- 003 1.8200e- 003 1.8200e- 003 Total 0.1610 0.0804 0.1291 2.0000e- 004 0.0000 17.8093 17.8093 5.6300e- 003 0.0000 17.92761.9700e- 003 1.9700e- 003 1.8200e- 003 1.8200e- 003 Off-Road 4.8100e- 003 0.0804 0.1291 2.0000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Archit. Coating 0.1562 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.7 Architectural Coating - 2019 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.9243 0.9243 3.0000e- 005 0.0000 0.92504.9000e- 004 3.0000e- 005 5.2000e- 004 1.3000e- 004 3.0000e- 005 1.6000e- 004 Total 2.0000e- 003 4.0600e- 003 0.0218 2.0000e- 005 87 0.0000 0.0190 0.0190 0.0000 0.0000 0.01902.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0000 1.0000e- 005 Worker 5.0000e- 005 2.0000e- 005 2.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0344 0.0344 0.0000 0.0000 0.03441.0000e- 005 0.0000 1.0000e- 005 0.0000 0.0000 0.0000Hauling8.0000e- 005 2.3000e- 004 1.3800e- 003 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.3725 0.3725 1.2000e- 004 0.0000 0.37491.3000e- 004 1.3000e- 004 1.3000e- 004 1.3000e- 004 Total 1.8000e- 004 3.7400e- 003 3.1500e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Paving0.0000 0.0000 0.3725 0.3725 1.2000e- 004 0.0000 0.37491.3000e- 004 1.3000e- 004 1.3000e- 004 1.3000e- 004 Off-Road 1.8000e- 004 3.7400e- 003 3.1500e- 003 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.0533 0.0533 0.0000 0.0000 0.05343.0000e- 005 0.0000 3.0000e- 005 0.0000 0.0000 1.0000e- 005 Total 1.3000e- 004 2.5000e- 004 1.6000e- 003 0.0000 0.0000 0.0190 0.0190 0.0000 0.0000 0.01902.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0000 1.0000e- 005 Worker 5.0000e- 005 2.0000e- 005 2.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0344 0.0344 0.0000 0.0000 0.03441.0000e- 005 0.0000 1.0000e- 005 0.0000 0.0000 0.0000Hauling8.0000e- 005 2.3000e- 004 1.3800e- 003 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.3725 0.3725 1.2000e- 004 0.0000 0.37491.6000e- 004 1.6000e- 004 1.5000e- 004 1.5000e- 004 Total 2.7000e- 004 2.7900e- 003 2.7500e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Paving0.0000 0.0000 0.3725 0.3725 1.2000e- 004 0.0000 0.37491.6000e- 004 1.6000e- 004 1.5000e- 004 1.5000e- 004 Off-Road 2.7000e- 004 2.7900e- 003 2.7500e- 003 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.8 Paving - 2019 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.0911 0.0911 1.0000e- 005 0.0000 0.09139.0000e- 005 0.0000 9.0000e- 005 2.0000e- 005 0.0000 3.0000e- 005 Total 2.3000e- 004 8.0000e- 005 1.0500e- 003 0.0000 88 0.0000 0.0533 0.0533 0.0000 0.0000 0.05343.0000e- 005 0.0000 3.0000e- 005 0.0000 0.0000 1.0000e- 005 Total 1.3000e- 004 2.5000e- 004 1.6000e- 003 0.0000 89 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 2.00 tblConstEquipMitigation Tier No Change Tier 4 Final tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 2.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 9.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 2.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 2.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 4.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 4.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 3.00 tblConstDustMitigation WaterExposedAreaPM10PercentReduct ion 55 61 tblConstDustMitigation WaterExposedAreaPM25PercentReduct ion 55 61 Demolition - Based on provided construction worksheet Grading - Based on provided construction worksheet Architectural Coating - Construction Off-road Equipment Mitigation - Tier 2 & 4 and BMPs for Fugitive PM2.5 Table Name Column Name Default Value New Value Off-road Equipment - Based on provided construction worksheet Off-road Equipment - Based on provided construction worksheet Off-road Equipment - Based on provided construction worksheet Off-road Equipment - Based on provided construction worksheet Off-road Equipment - Based on provided construciton worksheet Trips and VMT - Added cement and asphalt trips. Trip length 1 mile for on and near site 1.3 User Entered Comments & Non-Default Data Project Characteristics - PG&E's 2013 certified rate. Construction only Land Use - Based on provided construction worksheet and plans Construction Phase - Based on provided construction worksheet. Compressed schedule into 2016-2017 Off-road Equipment - Based on provided construction schedule Off-road Equipment - Based on provided construction worksheet CO2 Intensity (lb/MWhr) 429 CH4 Intensity (lb/MWhr) 0.029 N2O Intensity (lb/MWhr) 0.006 70 Climate Zone 5 Operational Year 2019 Utility Company Pacific Gas & Electric Company 1.2 Other Project Characteristics Urbanization Urban Wind Speed (m/s)2.2 Precipitation Freq (Days) Apartments Mid Rise 100.00 Dwelling Unit 0.52 105,993.00 286 Population Unenclosed Parking with Elevator 58.42 1000sqft 0.00 58,419.00 0 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area CalEEMod Version: CalEEMod.2013.2.2 Page 1 of 1 Date: 11/9/2015 1:01 PM SSF Parcel D San Mateo County, Annual 1.0 Project Characteristics 90 tblProjectCharacteristics OperationalYear 2014 2019 tblOffRoadEquipment UsageHours 8.00 6.00 tblProjectCharacteristics CO2IntensityFactor 641.35 429 tblOffRoadEquipment UsageHours 7.00 2.00 tblOffRoadEquipment UsageHours 8.00 0.00 tblOffRoadEquipment UsageHours 4.00 0.50 tblOffRoadEquipment UsageHours 6.00 1.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 4.00 tblOffRoadEquipment UsageHours 8.00 1.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 3.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 2.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 4.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 3.00 tblLandUse LotAcreage 2.63 0.52 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblLandUse LandUseSquareFeet 100,000.00 105,993.00 tblLandUse LotAcreage 1.34 0.00 tblGrading MaterialImported 0.00 275.00 tblLandUse LandUseSquareFeet 58,420.00 58,419.00 tblGrading AcresOfGrading 0.00 0.50 tblGrading MaterialExported 0.00 500.00 tblConstructionPhase PhaseStartDate 8/18/2016 1/1/2017 tblConstructionPhase PhaseStartDate 11/18/2017 11/2/2017 tblConstructionPhase PhaseEndDate 12/1/2017 11/15/2017 tblConstructionPhase PhaseStartDate 11/2/2017 7/1/2017 tblConstructionPhase PhaseEndDate 3/21/2018 11/17/2017 tblConstructionPhase PhaseEndDate 6/19/2017 11/1/2017 tblConstructionPhase NumDays 5.00 10.00 tblConstructionPhase NumDays 1.00 3.00 tblConstructionPhase NumDays 10.00 15.00 tblConstructionPhase NumDays 2.00 8.00 tblConstructionPhase NumDays 5.00 100.00 tblConstructionPhase NumDays 100.00 218.00 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 4 Final tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 4 Final tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 4 Final tblConstEquipMitigation Tier No Change Tier 2 91 NBio- CO2 Total CO2 CH4 N20 CO2eExhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2ROGNOxCOSO2Fugitive PM10 0.0000 68.1898 68.1898 0.0117 0.0000 68.43430.0155 7.1300e- 003 0.0226 3.6200e- 003 7.0800e- 003 0.0107Total1.1122 0.3473 0.8250 7.9000e- 004 0.0000 56.9852 56.9852 8.7400e- 003 0.0000 57.16870.0106 3.8600e- 003 0.0144 2.8700e- 003 3.8100e- 003 6.6800e- 003 2017 1.1063 0.2546 0.7204 6.7000e- 004 0.0000 11.2046 11.2046 2.9100e- 003 0.0000 11.26574.8800e- 003 3.2700e- 003 8.1500e- 003 7.5000e- 004 3.2700e- 003 4.0200e- 003 2016 5.9600e- 003 0.0927 0.1046 1.2000e- 004 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 68.1898 68.1898 0.0117 0.0000 68.43440.0227 0.0273 0.0500 4.7000e- 003 0.0260 0.0307Total1.1477 0.5122 0.8072 7.9000e- 004 0.0000 56.9853 56.9853 8.7400e- 003 0.0000 57.16870.0106 0.0199 0.0304 2.8700e- 003 0.0191 0.022020171.1347 0.3984 0.7053 6.7000e- 004 0.0000 11.2046 11.2046 2.9100e- 003 0.0000 11.26570.0122 7.4400e- 003 0.0196 1.8300e- 003 6.9200e- 003 8.7600e- 003 2016 0.0130 0.1138 0.1019 1.2000e- 004 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 2.0 Emissions Summary 2.1 Overall Construction Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 tblTripsAndVMT WorkerTripLength 12.40 1.00 tblTripsAndVMT WorkerTripLength 12.40 1.00 tblTripsAndVMT WorkerTripLength 12.40 1.00 tblTripsAndVMT WorkerTripLength 12.40 1.00 tblTripsAndVMT WorkerTripLength 12.40 1.00 tblTripsAndVMT WorkerTripLength 12.40 1.00 tblTripsAndVMT VendorTripLength 7.30 1.00 tblTripsAndVMT WorkerTripLength 12.40 1.00 tblTripsAndVMT VendorTripLength 7.30 1.00 tblTripsAndVMT VendorTripLength 7.30 1.00 tblTripsAndVMT VendorTripLength 7.30 1.00 tblTripsAndVMT VendorTripLength 7.30 1.00 tblTripsAndVMT VendorTripLength 7.30 1.00 tblTripsAndVMT VendorTripLength 7.30 1.00 tblTripsAndVMT HaulingTripNumber 0.00 154.00 tblTripsAndVMT HaulingTripNumber 0.00 40.00 tblTripsAndVMT HaulingTripLength 20.00 1.00 tblTripsAndVMT HaulingTripLength 20.00 1.00 tblTripsAndVMT HaulingTripLength 20.00 1.00 tblTripsAndVMT HaulingTripLength 20.00 1.00 tblTripsAndVMT HaulingTripLength 20.00 1.00 tblTripsAndVMT HaulingTripLength 20.00 1.00 tblTripsAndVMT HaulingTripLength 20.00 1.00 92 1.00 1.00 LD_Mix HDT_Mix HHDTDemolition513.00 0.00 103.00 1.00 Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Paving Tractors/Loaders/Backhoes 0 7.00 97 0.37 Paving Rollers 2 2.00 80 0.38 Paving Paving Equipment 1 2.00 130 0.36 Paving Pavers 0 7.00 125 0.42 Paving Cement and Mortar Mixers 0 6.00 9 0.56 Interior construction Air Compressors 0 6.00 78 0.48 Interior construction Aerial Lifts 4 3.00 62 0.31 Building Construction Welders 2 0.50 46 0.45 Building Construction Tractors/Loaders/Backhoes 0 0.00 97 0.37 Building Construction Generator Sets 2 1.00 84 0.74 Building Construction Forklifts 2 1.00 89 0.20 Building Construction Cranes 1 0.50 226 0.29 Utilities Tractors/Loaders/Backhoes 2 4.00 97 0.37 Grading Tractors/Loaders/Backhoes 3 6.00 97 0.37 Grading Rubber Tired Dozers 0 1.00 255 0.40 Grading Graders 1 2.00 174 0.41 Grading Excavators 2 3.00 162 0.38 Grading Concrete/Industrial Saws 0 8.00 81 0.73 Site Preparation Tractors/Loaders/Backhoes 4 6.00 97 0.37 Site Preparation Graders 0 8.00 174 0.41 Demolition Tractors/Loaders/Backhoes 0 6.00 97 0.37 Demolition Rubber Tired Dozers 0 1.00 255 0.40 Demolition Excavators 2 2.00 162 0.38 Load Factor Demolition Concrete/Industrial Saws 3 1.00 81 0.73 OffRoad Equipment Phase Name Offroad Equipment Type Amount Usage Hours Horse Power 10 Acres of Grading (Site Preparation Phase): 0.5 Acres of Grading (Grading Phase): 1 Acres of Paving: 0 Residential Indoor: 214,636; Residential Outdoor: 71,545; Non-Residential Indoor: 87,629; Non-Residential Outdoor: 29,210 (Architectural 7 Paving Paving 11/2/2017 11/15/2017 5 218 6 Interior construction Architectural Coating 7/1/2017 11/17/2017 5 100 5 Building Construction Building Construction 1/1/2017 11/1/2017 5 8 4 Utilities Trenching 8/6/2016 8/17/2016 5 8 3 Grading Grading 7/27/2016 8/5/2016 5 15 2 Site Preparation Site Preparation 7/22/2016 7/26/2016 5 3 End Date Num Days Week Num Days Phase Description 1 Demolition Demolition 7/1/2016 7/21/2016 5 3.0 Construction Detail Construction Phase Phase Number Phase Name Phase Type Start Date 0.00 0.00 0.00 0.00 0.00 0.0032.03 73.89 54.88 22.98 72.76 65.16Percent Reduction 3.09 32.19 -2.20 0.00 93 Mitigated Construction Off-Site 0.0000 3.3830 3.3830 7.1000e- 004 0.0000 3.39794.3500e- 003 5.4000e- 004 4.8900e- 003 6.6000e- 004 5.4000e- 004 1.2000e- 003 Total 9.5000e- 004 0.0177 0.0259 4.0000e- 005 0.0000 3.3830 3.3830 7.1000e- 004 0.0000 3.39795.4000e- 004 5.4000e- 004 5.4000e- 004 5.4000e- 004 Off-Road 9.5000e- 004 0.0177 0.0259 4.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00004.3500e- 003 0.0000 4.3500e- 003 6.6000e- 004 0.0000 6.6000e- 004 Fugitive Dust Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.3310 0.3310 1.0000e- 005 0.0000 0.33121.1000e- 004 1.0000e- 005 1.3000e- 004 3.0000e- 005 1.0000e- 005 4.0000e- 005 Total 8.9000e- 004 2.0200e- 003 0.0119 0.0000 0.0000 0.0827 0.0827 1.0000e- 005 0.0000 0.08287.0000e- 005 0.0000 7.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 Worker 2.4000e- 004 9.0000e- 005 1.1500e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.2483 0.2483 0.0000 0.0000 0.24844.0000e- 005 1.0000e- 005 6.0000e- 005 1.0000e- 005 1.0000e- 005 2.0000e- 005 Hauling 6.5000e- 004 1.9300e- 003 0.0107 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 3.3830 3.3830 7.1000e- 004 0.0000 3.39790.0112 1.7900e- 003 0.0129 1.6900e- 003 1.7300e- 003 3.4200e- 003 Total 3.2700e- 003 0.0296 0.0235 4.0000e- 005 0.0000 3.3830 3.3830 7.1000e- 004 0.0000 3.39791.7900e- 003 1.7900e- 003 1.7300e- 003 1.7300e- 003 Off-Road 3.2700e- 003 0.0296 0.0235 4.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0112 0.0000 0.0112 1.6900e- 003 0.0000 1.6900e- 003 CO2e Category tons/yr MT/yr Fugitive Dust PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2OSO2Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 Use Cleaner Engines for Construction Equipment Water Exposed Area Clean Paved Roads 3.2 Demolition - 2016 Unmitigated Construction On-Site ROG NOx CO 1.00 1.00 LD_Mix HDT_Mix HHDT 3.1 Mitigation Measures Construction Paving 3 8.00 0.00 40.00 1.00 1.00 1.00 1.00 LD_Mix HDT_Mix HHDT 1.00 1.00 LD_Mix HDT_Mix HHDT Interior construction 4 19.00 0.00 0.00 Building Construction 7 97.00 20.00 154.00 1.00 1.00 1.00 1.00 LD_Mix HDT_Mix HHDT 1.00 1.00 LD_Mix HDT_Mix HHDT Utilities 2 5.00 0.00 0.00 Grading 6 15.00 0.00 77.00 1.00 1.00 1.00 1.00 LD_Mix HDT_Mix HHDTSite Preparation 4 10.00 0.00 0.00 94 Mitigated Construction Off-Site 0.0000 1.3214 1.3214 4.0000e- 004 0.0000 1.32971.0000e- 004 5.5000e- 004 6.5000e- 004 1.0000e- 005 5.5000e- 004 5.6000e- 004 Total 6.6000e- 004 0.0135 0.0105 1.0000e- 005 0.0000 1.3214 1.3214 4.0000e- 004 0.0000 1.32975.5000e- 004 5.5000e- 004 5.5000e- 004 5.5000e- 004 Off-Road 6.6000e- 004 0.0135 0.0105 1.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00001.0000e- 004 0.0000 1.0000e- 004 1.0000e- 005 0.0000 1.0000e- 005 Fugitive Dust Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.0127 0.0127 0.0000 0.0000 0.01271.0000e- 005 0.0000 1.0000e- 005 0.0000 0.0000 0.0000Total4.0000e- 005 1.0000e- 005 1.8000e- 004 0.0000 0.0000 0.0127 0.0127 0.0000 0.0000 0.01271.0000e- 005 0.0000 1.0000e- 005 0.0000 0.0000 0.0000Worker4.0000e- 005 1.0000e- 005 1.8000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 1.3214 1.3214 4.0000e- 004 0.0000 1.32972.7000e- 004 1.1300e- 003 1.4000e- 003 3.0000e- 005 1.0400e- 003 1.0700e- 003 Total 1.5300e- 003 0.0147 0.0109 1.0000e- 005 0.0000 1.3214 1.3214 4.0000e- 004 0.0000 1.32971.1300e- 003 1.1300e- 003 1.0400e- 003 1.0400e- 003 Off-Road 1.5300e- 003 0.0147 0.0109 1.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00002.7000e- 004 0.0000 2.7000e- 004 3.0000e- 005 0.0000 3.0000e- 005 Fugitive Dust Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.3 Site Preparation - 2016 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.3310 0.3310 1.0000e- 005 0.0000 0.33121.1000e- 004 1.0000e- 005 1.3000e- 004 3.0000e- 005 1.0000e- 005 4.0000e- 005 Total 8.9000e- 004 2.0200e- 003 0.0119 0.0000 0.0000 0.0827 0.0827 1.0000e- 005 0.0000 0.08287.0000e- 005 0.0000 7.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 Worker 2.4000e- 004 9.0000e- 005 1.1500e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.2483 0.2483 0.0000 0.0000 0.24844.0000e- 005 1.0000e- 005 6.0000e- 005 1.0000e- 005 1.0000e- 005 2.0000e- 005 Hauling 6.5000e- 004 1.9300e- 003 0.0107 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 95 Mitigated Construction Off-Site 0.0000 4.7285 4.7285 1.4300e- 003 0.0000 4.75842.1000e- 004 1.6700e- 003 1.8800e- 003 2.0000e- 005 1.6700e- 003 1.6900e- 003 Total 2.1700e- 003 0.0459 0.0378 5.0000e- 005 0.0000 4.7285 4.7285 1.4300e- 003 0.0000 4.75841.6700e- 003 1.6700e- 003 1.6700e- 003 1.6700e- 003 Off-Road 2.1700e- 003 0.0459 0.0378 5.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00002.1000e- 004 0.0000 2.1000e- 004 2.0000e- 005 0.0000 2.0000e- 005 Fugitive Dust Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.2365 0.2365 0.0000 0.0000 0.23677.0000e- 005 1.0000e- 005 9.0000e- 005 2.0000e- 005 1.0000e- 005 3.0000e- 005 Total 6.4000e- 004 1.5000e- 003 8.7400e- 003 0.0000 0.0000 0.0509 0.0509 0.0000 0.0000 0.05104.0000e- 005 0.0000 5.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Worker 1.5000e- 004 6.0000e- 005 7.1000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.1856 0.1856 0.0000 0.0000 0.18573.0000e- 005 1.0000e- 005 4.0000e- 005 1.0000e- 005 1.0000e- 005 2.0000e- 005 Hauling 4.9000e- 004 1.4400e- 003 8.0300e- 003 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 4.7285 4.7285 1.4300e- 003 0.0000 4.75845.3000e- 004 3.4900e- 003 4.0200e- 003 6.0000e- 005 3.2100e- 003 3.2700e- 003 Total 5.2500e- 003 0.0530 0.0369 5.0000e- 005 0.0000 4.7285 4.7285 1.4300e- 003 0.0000 4.75843.4900e- 003 3.4900e- 003 3.2100e- 003 3.2100e- 003 Off-Road 5.2500e- 003 0.0530 0.0369 5.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00005.3000e- 004 0.0000 5.3000e- 004 6.0000e- 005 0.0000 6.0000e- 005 Fugitive Dust Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.4 Grading - 2016 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.0127 0.0127 0.0000 0.0000 0.01271.0000e- 005 0.0000 1.0000e- 005 0.0000 0.0000 0.0000Total4.0000e- 005 1.0000e- 005 1.8000e- 004 0.0000 0.0000 0.0127 0.0127 0.0000 0.0000 0.01271.0000e- 005 0.0000 1.0000e- 005 0.0000 0.0000 0.0000Worker4.0000e- 005 1.0000e- 005 1.8000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 96 Mitigated Construction Off-Site 0.0000 1.1745 1.1745 3.5000e- 004 0.0000 1.18204.9000e- 004 4.9000e- 004 4.9000e- 004 4.9000e- 004 Total 5.8000e- 004 0.0120 9.3700e- 003 1.0000e- 005 0.0000 1.1745 1.1745 3.5000e- 004 0.0000 1.18204.9000e- 004 4.9000e- 004 4.9000e- 004 4.9000e- 004 Off-Road 5.8000e- 004 0.0120 9.3700e- 003 1.0000e- 005 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.0170 0.0170 0.0000 0.0000 0.01701.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0000 0.0000Total5.0000e- 005 2.0000e- 005 2.4000e- 004 0.0000 0.0000 0.0170 0.0170 0.0000 0.0000 0.01701.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0000 0.0000Worker5.0000e- 005 2.0000e- 005 2.4000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 1.1745 1.1745 3.5000e- 004 0.0000 1.18201.0000e- 003 1.0000e- 003 9.2000e- 004 9.2000e- 004 Total 1.3600e- 003 0.0130 9.6500e- 003 1.0000e- 005 0.0000 1.1745 1.1745 3.5000e- 004 0.0000 1.18201.0000e- 003 1.0000e- 003 9.2000e- 004 9.2000e- 004 Off-Road 1.3600e- 003 0.0130 9.6500e- 003 1.0000e- 005 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.5 Utilities - 2016 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.2365 0.2365 0.0000 0.0000 0.23677.0000e- 005 1.0000e- 005 9.0000e- 005 2.0000e- 005 1.0000e- 005 3.0000e- 005 Total 6.4000e- 004 1.5000e- 003 8.7400e- 003 0.0000 0.0000 0.0509 0.0509 0.0000 0.0000 0.05104.0000e- 005 0.0000 5.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Worker 1.5000e- 004 6.0000e- 005 7.1000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.1856 0.1856 0.0000 0.0000 0.18573.0000e- 005 1.0000e- 005 4.0000e- 005 1.0000e- 005 1.0000e- 005 2.0000e- 005 Hauling 4.9000e- 004 1.4400e- 003 8.0300e- 003 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 97 Mitigated Construction Off-Site 0.0000 25.3966 25.3966 4.0800e- 003 0.0000 25.48222.6100e- 003 2.6100e- 003 2.6100e- 003 2.6100e- 003 Total 5.3000e- 003 0.0948 0.1831 2.9000e- 004 0.0000 25.3966 25.3966 4.0800e- 003 0.0000 25.48222.6100e- 003 2.6100e- 003 2.6100e- 003 2.6100e- 003 Off-Road 5.3000e- 003 0.0948 0.1831 2.9000e- 004 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 18.1177 18.1177 7.5000e- 004 0.0000 18.13339.8200e- 003 6.4000e- 004 0.0105 2.6700e- 003 5.8000e- 004 3.2500e- 003 Total 0.0442 0.0780 0.4199 2.3000e- 004 0.0000 8.6370 8.6370 6.3000e- 004 0.0000 8.65037.8000e- 003 1.3000e- 004 7.9400e- 003 2.0900e- 003 1.2000e- 004 2.2100e- 003 Worker 0.0238 8.9200e- 003 0.1118 1.2000e- 004 0.0000 9.1149 9.1149 1.1000e- 004 0.0000 9.11721.9500e- 003 4.9000e- 004 2.4400e- 003 5.6000e- 004 4.5000e- 004 1.0100e- 003 Vendor 0.0195 0.0664 0.2924 1.1000e- 004 0.0000 0.3657 0.3657 1.0000e- 005 0.0000 0.36587.0000e- 005 2.0000e- 005 8.0000e- 005 2.0000e- 005 1.0000e- 005 3.0000e- 005 Hauling 9.4000e- 004 2.6900e- 003 0.0157 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 25.3966 25.3966 4.0800e- 003 0.0000 25.48220.0164 0.0164 0.0159 0.0159Total0.0325 0.2475 0.1817 2.9000e- 004 0.0000 25.3966 25.3966 4.0800e- 003 0.0000 25.48220.0164 0.0164 0.0159 0.0159Off-Road 0.0325 0.2475 0.1817 2.9000e- 004 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.6 Building Construction - 2017 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.0170 0.0170 0.0000 0.0000 0.01701.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0000 0.0000Total5.0000e- 005 2.0000e- 005 2.4000e- 004 0.0000 0.0000 0.0170 0.0170 0.0000 0.0000 0.01701.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0000 0.0000Worker5.0000e- 005 2.0000e- 005 2.4000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 98 Mitigated Construction Off-Site 0.0000 11.4938 11.4938 3.5200e- 003 0.0000 11.56772.0000e- 004 2.0000e- 004 2.0000e- 004 2.0000e- 004 Total 1.0538 0.0697 0.0941 1.2000e- 004 0.0000 11.4938 11.4938 3.5200e- 003 0.0000 11.56772.0000e- 004 2.0000e- 004 2.0000e- 004 2.0000e- 004 Off-Road 3.0500e- 003 0.0697 0.0941 1.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Archit. Coating 1.0508 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.7761 0.7761 6.0000e- 005 0.0000 0.77727.0000e- 004 1.0000e- 005 7.1000e- 004 1.9000e- 004 1.0000e- 005 2.0000e- 004 Total 2.1400e- 003 8.0000e- 004 0.0101 1.0000e- 005 0.0000 0.7761 0.7761 6.0000e- 005 0.0000 0.77727.0000e- 004 1.0000e- 005 7.1000e- 004 1.9000e- 004 1.0000e- 005 2.0000e- 004 Worker 2.1400e- 003 8.0000e- 004 0.0101 1.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 11.4938 11.4938 3.5200e- 003 0.0000 11.56772.1200e- 003 2.1200e- 003 1.9500e- 003 1.9500e- 003 Total 1.0544 0.0601 0.0810 1.2000e- 004 0.0000 11.4938 11.4938 3.5200e- 003 0.0000 11.56772.1200e- 003 2.1200e- 003 1.9500e- 003 1.9500e- 003 Off-Road 3.6300e- 003 0.0601 0.0810 1.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Archit. Coating 1.0508 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.7 Interior construction - 2017 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 18.1177 18.1177 7.5000e- 004 0.0000 18.13339.8200e- 003 6.4000e- 004 0.0105 2.6700e- 003 5.8000e- 004 3.2500e- 003 Total 0.0442 0.0780 0.4199 2.3000e- 004 0.0000 8.6370 8.6370 6.3000e- 004 0.0000 8.65037.8000e- 003 1.3000e- 004 7.9400e- 003 2.0900e- 003 1.2000e- 004 2.2100e- 003 Worker 0.0238 8.9200e- 003 0.1118 1.2000e- 004 0.0000 9.1149 9.1149 1.1000e- 004 0.0000 9.11721.9500e- 003 4.9000e- 004 2.4400e- 003 5.6000e- 004 4.5000e- 004 1.0100e- 003 Vendor 0.0195 0.0664 0.2924 1.1000e- 004 0.0000 0.3657 0.3657 1.0000e- 005 0.0000 0.36587.0000e- 005 2.0000e- 005 8.0000e- 005 2.0000e- 005 1.0000e- 005 3.0000e- 005 Hauling 9.4000e- 004 2.6900e- 003 0.0157 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 99 Mitigated Construction Off-Site 0.0000 1.0735 1.0735 3.3000e- 004 0.0000 1.08043.9000e- 004 3.9000e- 004 3.9000e- 004 3.9000e- 004 Total 5.0000e- 004 0.0107 8.7800e- 003 1.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Paving0.0000 0.0000 1.0735 1.0735 3.3000e- 004 0.0000 1.08043.9000e- 004 3.9000e- 004 3.9000e- 004 3.9000e- 004 Off-Road 5.0000e- 004 0.0107 8.7800e- 003 1.0000e- 005 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.1277 0.1277 0.0000 0.0000 0.12785.0000e- 005 0.0000 5.0000e- 005 1.0000e- 005 0.0000 2.0000e- 005 Total 3.3000e- 004 7.3000e- 004 4.5000e- 003 0.0000 0.0000 0.0327 0.0327 0.0000 0.0000 0.03273.0000e- 005 0.0000 3.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Worker 9.0000e- 005 3.0000e- 005 4.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0950 0.0950 0.0000 0.0000 0.09502.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0000 1.0000e- 005 Hauling 2.4000e- 004 7.0000e- 004 4.0800e- 003 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 1.0735 1.0735 3.3000e- 004 0.0000 1.08047.3000e- 004 7.3000e- 004 6.7000e- 004 6.7000e- 004 Total 1.1300e- 003 0.0113 8.1500e- 003 1.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Paving0.0000 0.0000 1.0735 1.0735 3.3000e- 004 0.0000 1.08047.3000e- 004 7.3000e- 004 6.7000e- 004 6.7000e- 004 Off-Road 1.1300e- 003 0.0113 8.1500e- 003 1.0000e- 005 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 3.8 Paving - 2017 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 0.7761 0.7761 6.0000e- 005 0.0000 0.77727.0000e- 004 1.0000e- 005 7.1000e- 004 1.9000e- 004 1.0000e- 005 2.0000e- 004 Total 2.1400e- 003 8.0000e- 004 0.0101 1.0000e- 005 0.0000 0.7761 0.7761 6.0000e- 005 0.0000 0.77727.0000e- 004 1.0000e- 005 7.1000e- 004 1.9000e- 004 1.0000e- 005 2.0000e- 004 Worker 2.1400e- 003 8.0000e- 004 0.0101 1.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hauling0.0000 0.0000 0.0000 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 100 0.0000 0.1277 0.1277 0.0000 0.0000 0.12785.0000e- 005 0.0000 5.0000e- 005 1.0000e- 005 0.0000 2.0000e- 005 Total 3.3000e- 004 7.3000e- 004 4.5000e- 003 0.0000 0.0000 0.0327 0.0327 0.0000 0.0000 0.03273.0000e- 005 0.0000 3.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 Worker 9.0000e- 005 3.0000e- 005 4.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor0.0000 0.0000 0.0000 0.0000 0.0000 0.0950 0.0950 0.0000 0.0000 0.09502.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0000 1.0000e- 005 Hauling 2.4000e- 004 7.0000e- 004 4.0800e- 003 0.0000 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 101 Project Name: Miller Cypress SSF - Parcel A See Equipment Type TAB for type, horsepower and load factor Project Size 163,692 s.f. residential 1.04 total project acres disturbed 0 s.f. retail 0 s.f. office/commerical 0 s.f. other, specify: 74,066 s.f. parking garage Construction Hours 7:30 am to 3:30 pm Qty Description HP Load Factor Hours/day Total Work Days Avg. Hours per day Annual Hours Comments Demolition Start Date:Q3 2016 Total work days:15 Overall Import/Export Volumes End Date:Q3 2016 3 Concrete/Industrial Saws 81 0.73 2 7 0.9333333 42 Demolition Volume 2 Excavators 162 0.3819 6 6 2.4 72 Square footage of buildings to be demolished 0 Rubber-Tired Dozers 255 0.3953 0 0 0 0 (or total tons to be hauled) Other Equipment?_11,500_ square feet or_?_ Hauling volume (tons) Site Preperation Start Date:Q4 2016 Total work days:5 Any pavement demolished and hauled? _1,210_ tons End Date:Q4 2016 0 Rubber Tired Dozers 255 0.3953 0 0 0 0 4 Tractors/Loaders/Backhoes 97 0.3685 6 5 6 120 Other Equipment? Grading / Excavation Start Date:Q4 2016 Total work days:15 End Date:Q4 2016 Soil Hauling Volume 2 Excavators 162 0.3819 6 5 2 60 Export volume = 1,000 cubic yards? 1 Graders 174 0.4087 4 5 1.3333333 20 Import volume = 550 cubic yards? 0 Rubber Tired Dozers 255 0.3953 0 0 0 0 3 Tractors/Loaders/Backhoes 97 0.3685 6 15 Other Equipment? Trenching Start Date:Q1 2017 Total work days:15 End Date:Q1 2017 2 Tractor/Loader/Backhoe 97 0.3685 4 15 4 120 0 Excavators 162 0.3819 6 0 0 Other Equipment? Building - Exterior Start Date:Q1 2017 Total work days:218 Cement Trucks? _154_ Total Round-Trips End Date:Q4 2017 1 Cranes 226 0.2881 6 10 6 60 Electric? (Y/N) _N__ Otherwise assumed diesel 2 Forklifts 89 0.201 4 100 40 800 Liquid Propane (LPG)? (Y/N) _N__ Otherwise Assumed diesel 2 Generator Sets 84 0.74 8 45 36 720 Or temporary line power? (Y/N) _Y__ 0 Tractors/Loaders/Backhoes 97 0.3685 0 0 0 0 2 Welders 46 0.45 4 5 2 40 Other Equipment? Building - Interior/Architectural Coating Start Date:Q3 2017 Total work days:100 End Date:Q1 2018 0 Air Compressors (ALL ELECTRIC)78 0.48 0 0 4 Aerial Lift 62 0.3 6 100 6 2400 Other Equipment? Paving Start Date:Q1 2018 Total work days:10 Start Date:Q1 2018 0 Cement and Mortar Mixers 9 0.56 0 0 0 0 0 Pavers 125 0.4154 0 0 0 0 1 Paving Equipment 130 0.3551 10 4 4 40 2 Rollers 80 0.3752 10 4 4 80 0 Tractors/Loaders/Backhoes 97 0.3685 0 0 0 0 Other Equipment? Asphalt? ___ cubic yards or ____ round trips? Complete ALL Portions in Yellow 102 Project Name: Miller Cypress SSF - Parcel B See Equipment Type TAB for type, horsepower and load factor Project Size 0 s.f. residential 0.2 total project acres disturbed 0 s.f. retail 0 s.f. office/commerical 8,762 s.f. other, specify: Surface parking with landscape edge 0 s.f. parking garage Construction Hours 7:30 am to 3:30 pm Qty Description HP Load Factor Hours/day Total Work Days Avg. Hours per day Annual Hours Comments Demolition Start Date:Q3 2017 Total work days:4 Overall Import/Export Volumes End Date:Q3 2017 1 Concrete/Industrial Saws 81 0.73 2 4 2 8 Demolition Volume 1 Excavators 162 0.3819 4 4 4 16 Square footage of buildings to be demolished 0 Rubber-Tired Dozers 255 0.3953 0 0 0 0 (or total tons to be hauled) Other Equipment?_0_ square feet or_?_ Hauling volume (tons) Site Preperation Start Date:Q3 2017 Total work days:5 Any pavement demolished and hauled? _325_ tons End Date:Q3 2017 N/A Rubber Tired Dozers 255 0.3953 N/A N/A #VALUE!#VALUE! 1 Tractors/Loaders/Backhoes 97 0.3685 8 3 4.8 24 Other Equipment? Grading / Excavation Start Date:Q3 2017 Total work days:5 End Date:Q3 2017 Soil Hauling Volume 1 Excavators 162 0.3819 4 3 2.4 12 Export volume = 162 cubic yards? 1 Graders 174 0.4087 4 2 1.6 8 Import volume = 162 cubic yards? 0 Rubber Tired Dozers 255 0.3953 0 0 0 0 0 Tractors/Loaders/Backhoes 97 0.3685 6 7 Other Equipment? Trenching Start Date:Total work days:0 End Date: 0 Tractor/Loader/Backhoe 97 0.3685 0 0 #DIV/0!0 0 Excavators 162 0.3819 0 0 #DIV/0! Other Equipment? Building - Exterior Start Date:Total work days:0 Cement Trucks? _20_ Total Round-Trips End Date: 0 Cranes 226 0.2881 0 0 #DIV/0!0 Electric? (Y/N) _N__ Otherwise assumed diesel 0 Forklifts 89 0.201 0 0 #DIV/0!0 Liquid Propane (LPG)? (Y/N) _N__ Otherwise Assumed diesel 0 Generator Sets 84 0.74 0 0 #DIV/0!0 Or temporary line power? (Y/N) _N__ 0 Tractors/Loaders/Backhoes 97 0.3685 0 0 #DIV/0!0 0 Welders 46 0.45 0 0 #DIV/0!0 Other Equipment? Building - Interior/Architectural Coating Start Date:Total work days:0 End Date: 0 Air Compressors (ALL ELECTRIC)78 0.48 0 0 #DIV/0!0 0 Aerial Lift 62 0.3 0 0 #DIV/0!0 Other Equipment? Paving Start Date:Q4 2017 Total work days:10 Start Date:Q4 2017 0 Cement and Mortar Mixers 9 0.56 0 0 0 0 0 Pavers 125 0.4154 0 0 0 0 1 Paving Equipment 130 0.3551 10 1 1 10 1 Rollers 80 0.3752 10 1 1 10 0 Tractors/Loaders/Backhoes 97 0.3685 0 0 0 0 Other Equipment? Asphalt? _162__ cubic yards or ____ round trips? Complete ALL Portions in Yellow 103 Project Name: Miller Cypress SSF - Parcel C See Equipment Type TAB for type, horsepower and load factor Project Size 22,016 s.f. residential 0.4 total project acres disturbed 0 s.f. retail 0 s.f. office/commerical 8,000 s.f. other, specify: Half surface parking & half landscape/hardscape 0 s.f. parking garage Construction Hours 7:30 am to 3:30 pm Qty Description HP Load Factor Hours/day Total Work Days Avg. Hours per day Annual Hours Comments Demolition Start Date:Q3 2018 Total work days:15 Overall Import/Export Volumes End Date:Q3 2018 1 Concrete/Industrial Saws 81 0.73 2 4 0.5 8 Demolition Volume 1 Excavators 162 0.3819 4 4 1.1 16 Square footage of buildings to be demolished 0 Rubber-Tired Dozers 255 0.3953 0 0 0.0 0 (or total tons to be hauled) Other Equipment?_0_ square feet or_?_ Hauling volume (tons) Site Preperation Start Date:Q4 2018 Total work days:5 Any pavement demolished and hauled? _645_ tons End Date:Q4 2018 0 Rubber Tired Dozers 255 0.3953 0 0 0.0 0 1 Tractors/Loaders/Backhoes 97 0.3685 6 5 6.0 30 Other Equipment? Grading / Excavation Start Date:Q4 2018 Total work days:15 End Date:Q4 2018 Soil Hauling Volume 1 Excavators 162 0.3819 6 3 1.2 18 Export volume = 322 cubic yards? 1 Graders 174 0.4087 10 3 2.0 30 Import volume = 322 cubic yards? 0 Rubber Tired Dozers 255 0.3953 0 0 0.0 0 1 Tractors/Loaders/Backhoes 97 0.3685 6 15 Other Equipment? Trenching Start Date:Q1 2019 Total work days:15 End Date:Q1 2019 1 Tractor/Loader/Backhoe 97 0.3685 4 8 2.1 32 1 Excavators 162 0.3819 6 8 3.2 Other Equipment? Building - Exterior Start Date:Q1 2019 Total work days:160 Cement Trucks? _38_ Total Round-Trips End Date:Q3 2019 1 Cranes 226 0.2881 6 10 0.4 60 Electric? (Y/N) _N__ Otherwise assumed diesel 2 Forklifts 89 0.201 6 120 4.5 1440 Liquid Propane (LPG)? (Y/N) _N__ Otherwise Assumed diesel 1 Generator Sets 84 0.74 8 65 3.3 520 Or temporary line power? (Y/N) _Y__ 0 Tractors/Loaders/Backhoes 97 0.3685 0 0 0.0 0 1 Welders 46 0.45 4 3 0.1 12 Other Equipment? Building - Interior/Architectural Coating Start Date:Q2 2019 Total work days:120 End Date:Q4 2019 0 Air Compressors (ALL ELECTRIC)78 0.48 0 0 0.0 0 2 Aerial Lift 62 0.3 6 218 10.9 2616 Other Equipment? Paving Start Date:Q3 2019 Total work days:10 Start Date:Q3 2019 0 Cement and Mortar Mixers 9 0.56 0 0 0.0 0 0 Pavers 125 0.4154 0 0 0.0 0 1 Paving Equipment 130 0.3551 10 1 1.0 10 1 Rollers 80 0.3752 10 1 1.0 10 0 Tractors/Loaders/Backhoes 97 0.3685 0 0 0.0 0 Other Equipment? Asphalt? _74__ cubic yards or ____ round trips? Complete ALL Portions in Yellow 104 Project Name: Miller Cypress SSF - Parcel D+ See Equipment Type TAB for type, horsepower and load factor Project Size 105,993 s.f. residential 0.52 total project acres disturbed 0 s.f. retail 0 s.f. office/commerical s.f. other, specify: 58,419 s.f. parking garage Construction Hours 7:30 am to 3:30 pm Qty Description HP Load Factor Hours/day Total Work Days Avg. Hours per day Annual Hours Comments Demolition Start Date:Q3 2016 Total work days:15 Overall Import/Export Volumes End Date:Q3 2016 3 Concrete/Industrial Saws 81 0.73 2 5 0.6666667 30 Demolition Volume 2 Excavators 162 0.3819 6 4 1.6 48 Square footage of buildings to be demolished 0 Rubber-Tired Dozers 255 0.3953 0 0 0 0 (or total tons to be hauled) Other Equipment?_22,650_ square feet or_?_ Hauling volume (tons) Site Preperation Start Date:Q4 2016 Total work days:3 Any pavement demolished and hauled? _0_ tons End Date:Q4 2016 0 Rubber Tired Dozers 255 0.3953 0 0 0 0 4 Tractors/Loaders/Backhoes 97 0.3685 6 3 6 72 Other Equipment? Grading / Excavation Start Date:Q4 2016 Total work days:8 End Date:Q4 2016 Soil Hauling Volume 2 Excavators 162 0.3819 6 3 2.25 36 Export volume = 500 cubic yards? 1 Graders 174 0.4087 4 3 1.5 12 Import volume = 275 cubic yards? 0 Rubber Tired Dozers 255 0.3953 0 0 0 0 3 Tractors/Loaders/Backhoes 97 0.3685 6 8 6 Other Equipment? Trenching Start Date:Q1 2017 Total work days:8 End Date:Q1 2017 2 Tractor/Loader/Backhoe 97 0.3685 4 8 4 64 0 Excavators 162 0.3819 6 0 0 Other Equipment? Building - Exterior Start Date:Q1 2017 Total work days:218 Cement Trucks? _77_ Total Round-Trips End Date:Q4 2017 1 Cranes 226 0.2881 6 5 0.1 30 Electric? (Y/N) _N__ Otherwise assumed diesel 2 Forklifts 89 0.201 4 50 0.9 400 Liquid Propane (LPG)? (Y/N) _N__ Otherwise Assumed diesel 2 Generator Sets 84 0.74 8 22 0.8 352 Or temporary line power? (Y/N) _Y__ 0 Tractors/Loaders/Backhoes 97 0.3685 0 0 0.0 0 2 Welders 46 0.45 4 3 0.1 24 Other Equipment? Building - Interior/Architectural Coating Start Date:Q3 2017 Total work days:100 End Date:Q1 2018 0 Air Compressors (ALL ELECTRIC)78 0.48 0 0 4 Aerial Lift 62 0.3 6 50 3 1200 Other Equipment? Paving Start Date:Q1 2018 Total work days:10 Start Date:Q1 2018 58.419 0 Cement and Mortar Mixers 9 0.56 0 0 0 0 0 Pavers 125 0.4154 0 0 0 0 1 Paving Equipment 130 0.3551 10 2 2 20 2 Rollers 80 0.3752 10 2 2 40 0 Tractors/Loaders/Backhoes 97 0.3685 0 0 0 0 Other Equipment? Asphalt? ___ cubic yards or ____ round trips? Complete ALL Portions in Yellow 105 Miller Ave - Parcels A - D, South San Francisco, CA - Without Mitigation DPM Construction Emissions and Modeling Emission Rates DPM ModeledEmission ConstructionDPMAreaDPM EmissionsAreaRate DescriptionYearArea(ton/year)Source(lb/yr)(lb/hr)(g/s)(m2)(g/s/m2) Parcel A2016Parcel A0.0253DPM_A50.60.015401.94E-034,2304.59E-07 Parcel D2016Parcel D0.00693DPM_D13.90.004225.32E-042,7501.93E-07 Total0.032264.50.019622.47E-036,980 Parcel A2017Parcel A0.0257DPM_A51.40.015651.97E-034,4724.41E-07 Parcel B2017Parcel B0.0042DPM_B8.40.002553.21E-048053.99E-07 Parcel D2017Parcel D0.0191DPM_D38.20.011631.47E-032,7505.33E-07 Total0.049098.00.029833.76E-038,026 Parcel C2018Parcel C0.0167DPM_C33.40.010171.28E-031,5938.04E-07 Total0.016733.40.010171.28E-031,593 Parcel C2019Parcel C0.0125DPM_C25.00.007619.59E-041,5936.02E-07 Total0.012525.00.007619.59E-041,593 hr/day =9(7am - 4pm) days/yr = 365 hours/year = 3285 Miller Ave - Parcels A - D, South San Francisco, CA - Without Mitigation PM2.5 Fugitive Dust Construction Emissions for Modeling DPM ModeledEmission ConstructionAreaPM2.5 EmissionsAreaRate DescriptionYearAreaSource(ton/year)(lb/yr)(lb/hr)(g/s)(m2)g/s/m2 Parcel A2016Parcel AFUG_A0.002585.20.001571.98E-044,2304.68E-08 Parcel D2016Parcel DFUG_D0.001833.70.001111.40E-042,7505.10E-08 Total0.00448.80.002683.38E-046,980 Parcel A2017Parcel AFUG_A0.002785.560.001692.13E-044,4724.77E-08 Parcel B2017Parcel BFUG_B0.00214.120.001251.58E-048051.96E-07 Parcel D2017Parcel DFUG_D0.00295.740.001752.20E-042,7508.01E-08 Total0.007715.40.004695.91E-048,026 Parcel C2018Parcel CFUG_C0.001312.60.000801.00E-041,5936.31E-08 Total0.00132.60.000801.00E-041,593 Parcel C2019Parcel CFUG_C0.000160.30.000101.23E-051,5937.70E-09 Total0.000160.30.000101.23E-051,593 hr/day =9(7am - 4pm) days/yr = 365 hours/year = 3285 106 Miller Ave - Parcels A - D, South San Francisco, CA - With Mitigation DPM Construction Emissions and Modeling Emission Rates DPM ModeledEmission ConstructionDPMAreaDPM EmissionsAreaRate DescriptionYearArea(ton/year)Source(lb/yr)(lb/hr)(g/s)(m2)(g/s/m2) Parcel A2016Parcel A0.00711DPM_A14.20.004335.45E-044,2301.29E-07 Parcel D2016Parcel D0.00327DPM_D6.50.001992.51E-042,7509.12E-08 Total0.010420.80.006327.96E-046,980 Parcel A2017Parcel A0.01430DPM_A28.60.008711.10E-034,4722.45E-07 Parcel B2017Parcel B0.0042DPM_B8.40.002553.21E-048053.99E-07 Parcel D2017Parcel D0.0038DPM_D7.60.002322.92E-042,7501.06E-07 Total0.022344.60.013581.71E-038,026 Parcel C2018Parcel C0.00629DPM_C12.60.003834.83E-041,5933.03E-07 Total0.006312.60.003834.83E-041,593 Parcel C2019Parcel C0.0039DPM_C7.80.002372.99E-041,5931.88E-07 Total 0.0039 7.80.002372.99E-041,593 hr/day =9(7am - 4pm) days/yr = 365 hours/year = 3285 Miller Ave - Parcels A - D, South San Francisco, CA - With Mitigation PM2.5 Fugitive Dust Construction Emissions for Modeling DPM ModeledEmission ConstructionAreaPM2.5 EmissionsAreaRate DescriptionYearAreaSource(ton/year)(lb/yr)(lb/hr)(g/s)(m2)g/s/m2 Parcel A2016Parcel AFUG_A0.002034.10.001241.56E-044,2303.68E-08 Parcel D2016Parcel DFUG_D0.000751.50.000465.75E-052,7502.09E-08 Total0.00285.60.001692.13E-046,980 Parcel A2017Parcel AFUG_A0.002785.560.001692.13E-044,4724.77E-08 Parcel B2017Parcel BFUG_B0.00214.120.001251.58E-048051.96E-07 Parcel D2017Parcel DFUG_D0.00295.740.001752.20E-042,7508.01E-08 Total0.007715.40.004695.91E-048,026 Parcel C2018Parcel CFUG_C0.000691.40.000425.29E-051,5933.32E-08 Total0.00071.40.000425.29E-051,593 Parcel C2019Parcel CFUG_C0.000160.30.000101.23E-051,5937.70E-09 Total0.000160.30.000101.23E-051,593 hr/day =9(7am - 4pm) days/yr = 365 hours/year = 3285 107 Miller Ave - Parcels A - D, South San Francisco, CA - Construction Health Impacts Summary Maximum Impacts at Off-Site Residential Receptors- Unmitigated Emissions Maximum ConcentrationsIncreased Maximum ExhaustFugitiveCancer RiskHazardAnnual PM2.5 ConstructionPM2.5/DPMPM2.5(per million)IndexConcentration Area (μg/m3)(μg/m3)ChildAdult(-)(μg/m3) Parcel A1 0.04340.00606.20.30.0090.05 Parcel B2 0.00810.00500.70.00.0020.01 Parcel C1 0.13860.0142 21.2 1.10.0280.15 Parcel D1 0.05060.01075.50.30.0100.06 Parcels A-D0.14330.0283 21.2 1.30.0290.17 Maximum Impacts at Off-Site Residential Receptors - Mitigated Emissions Maximum ConcentrationsIncreased Maximum ExhaustFugitiveCancer RiskHazardAnnual PM2.5 ConstructionPM2.5/DPMPM2.5(per million)IndexConcentration Area (μg/m3)(μg/m3)ChildAdult(-)(μg/m3) Parcel C1 0.05220.0075 7.4 0.40.0100.060 1 Maximum impacts occur at the 2nd floor level 2 Maximum impacts occur at the 1st floor level 1 Maximum impacts occur at the 2nd floor level 108 Miller Ave - Parcel A, South San Francisco, CA - Construction Impacts - Unmitigated Emissions Maximum DPM Cancer Risk Calculations From Construction Construction of Parcel A Off-Site Residential Receptor Locations - 1.5 meters Cancer Risk (per million) = CPF x Inhalation Dose x 1.0E6 Where: CPF = Cancer potency factor (mg/kg-day)-1 Inhalation Dose = Cair x DBR x A x EF x ED x 10-6 / AT Where: Cair = concentration in air (μg/m3) DBR = daily breathing rate (L/kg body weight-day) A = Inhalation absorption factor EF = Exposure frequency (days/year) ED = Exposure duration (years) AT = Averaging time period over which exposure is averaged. 10-6 = Conversion factor Values ParameterChildAdult CPF =1.10E+001.10E+00 DBR =581302 A =11 EF =350350 AT =25,55025,550 Construction Cancer Risk by Year - Maximum Impact Receptor Location ExposureChild - Exposure InformationChildAdult - Exposure InformationAdult ExposureExposureCancerModeledExposureCancerUnmitigated Exposure DurationDPM Conc (ug/m3)AdjustRiskDPM Conc (ug/m3)AdjustRiskFugitiveTotal Year(years)YearAnnualFactor(per million)YearAnnualFactor(per million)PM2.5PM2.5 1120160.0314102.7520160.0313910.140.004980.036 2120170.0302102.6420170.0301610.140.005070.035 310.00004.750.000.000010.00 410.000030.000.000010.00 510.000030.000.000010.00 610.000030.000.000010.00 710.000030.000.000010.00 810.000030.000.000010.00 910.000030.000.000010.00 1010.000030.000.000010.00 1110.000030.000.000010.00 1210.000030.000.000010.00 1310.000030.000.000010.00 1410.000030.000.000010.00 1510.000030.000.000010.00 1610.000030.000.000010.00 1710.00001.50.000.000010.00 1810.000010.000.000010.00 .•.•.•.•.•.•.•.•.•.• .•.•.•.•.•.•.•.•.•.• .•.•.•.•.•.•.•.•.•.• 6510.000010.000.000010.00 6610.000010.000.000010.00 6710.000010.000.000010.00 6810.000010.000.000010.00 6910.000010.000.000010.00 7010.000010.000.000010.00 Total Increased Cancer Risk5.40.3 109 Miller Ave - Parcel A, South San Francisco, CA - Construction Impacts - Unmitigated Emissions Maximum DPM Cancer Risk Calculations From Construction Construction of Parcel A Off-Site Residential Receptor Locations - 4.5 meters Cancer Risk (per million) = CPF x Inhalation Dose x 1.0E6 Where: CPF = Cancer potency factor (mg/kg-day)-1 Inhalation Dose = Cair x DBR x A x EF x ED x 10-6 / AT Where: Cair = concentration in air (μg/m3) DBR = daily breathing rate (L/kg body weight-day) A = Inhalation absorption factor EF = Exposure frequency (days/year) ED = Exposure duration (years) AT = Averaging time period over which exposure is averaged. 10-6 = Conversion factor Values ParameterChildAdult CPF =1.10E+001.10E+00 DBR =581302 A =11 EF =350350 AT =25,55025,550 Construction Cancer Risk by Year - Maximum Impact Receptor Location ExposureChild - Exposure InformationChildAdult - Exposure InformationAdult ExposureExposureCancerModeledExposureCancerUnmitigated Exposure DurationDPM Conc (ug/m3)AdjustRiskDPM Conc (ug/m3)AdjustRiskFugitiveTotal Year(years)YearAnnualFactor(per million)YearAnnualFactor(per million)PM2.5PM2.5 1120160.0434103.8020160.0433910.200.005960.049 2120170.0274102.4020170.0273810.120.004410.032 310.00004.750.000.000010.00 410.000030.000.000010.00 510.000030.000.000010.00 610.000030.000.000010.00 710.000030.000.000010.00 810.000030.000.000010.00 910.000030.000.000010.00 1010.000030.000.000010.00 1110.000030.000.000010.00 1210.000030.000.000010.00 1310.000030.000.000010.00 1410.000030.000.000010.00 1510.000030.000.000010.00 1610.000030.000.000010.00 1710.00001.50.000.000010.00 1810.000010.000.000010.00 .•.•.•.•.•.•.•.•.•.• .•.•.•.•.•.•.•.•.•.• .•.•.•.•.•.•.•.•.•.• 6510.000010.000.000010.00 6610.000010.000.000010.00 6710.000010.000.000010.00 6810.000010.000.000010.00 6910.000010.000.000010.00 7010.000010.000.000010.00 Total Increased Cancer Risk6.20.3 110 Miller Ave - Parcel B, South San Francisco, CA - Construction Impacts - Unmitigated Emissions Maximum DPM Cancer Risk Calculations From Construction Construction of Parcel B Off-Site Residential Receptor Locations - 1.5 meters Cancer Risk (per million) = CPF x Inhalation Dose x 1.0E6 Where: CPF = Cancer potency factor (mg/kg-day)-1 Inhalation Dose = Cair x DBR x A x EF x ED x 10-6 / AT Where: Cair = concentration in air (μg/m3) DBR = daily breathing rate (L/kg body weight-day) A = Inhalation absorption factor EF = Exposure frequency (days/year) ED = Exposure duration (years) AT = Averaging time period over which exposure is averaged. 10-6 = Conversion factor Values ParameterChildAdult CPF =1.10E+001.10E+00 DBR =581302 A =11 EF =350350 AT =25,55025,550 Construction Cancer Risk by Year - Maximum Impact Receptor Location ExposureChild - Exposure InformationChildAdult - Exposure InformationAdult ExposureExposureCancerModeledExposureCancerUnmitigated Exposure DurationDPM Conc (ug/m3)AdjustRiskDPM Conc (ug/m3)AdjustRiskFugitiveTotal Year(years)YearAnnualFactor(per million)YearAnnualFactor(per million)PM2.5PM2.5 1 120170.0081100.7020170.008051 0.04 0.004990.013 2 1 0.0000100.00 0.00001 0.00 3 1 0.00004.750.00 0.00001 0.00 4 1 0.000030.00 0.00001 0.00 5 1 0.000030.00 0.00001 0.00 6 1 0.000030.00 0.00001 0.00 7 1 0.000030.00 0.00001 0.00 8 1 0.000030.00 0.00001 0.00 9 1 0.000030.00 0.00001 0.00 10 1 0.000030.00 0.00001 0.00 11 1 0.000030.00 0.00001 0.00 12 1 0.000030.00 0.00001 0.00 13 1 0.000030.00 0.00001 0.00 14 1 0.000030.00 0.00001 0.00 15 1 0.000030.00 0.00001 0.00 16 1 0.000030.00 0.00001 0.00 17 1 0.00001.50.00 0.00001 0.00 59 1 0.000010.00 0.00001 0.00 .•.•.•.•.•.•.•.•.•.• .•.•.•.•.•.•.•.•.•.• 64 1 0.000010.00 0.00001 0.00 65 1 0.000010.00 0.00001 0.00 66 1 0.000010.00 0.00001 0.00 67 1 0.000010.00 0.00001 0.00 68 1 0.000010.00 0.00001 0.00 69 1 0.000010.00 0.00001 0.00 70 1 0.000010.00 0.00001 0.00 Total Increased Cancer Risk 0.71 0.04 111 Miller Ave - Parcel B, South San Francisco, CA - Construction Impacts - Unmitigated Emissions Maximum DPM Cancer Risk Calculations From Construction Construction of Parcel B Off-Site Residential Receptor Locations - 4.5 meters Cancer Risk (per million) = CPF x Inhalation Dose x 1.0E6 Where: CPF = Cancer potency factor (mg/kg-day)-1 Inhalation Dose = Cair x DBR x A x EF x ED x 10-6 / AT Where: Cair = concentration in air (μg/m3) DBR = daily breathing rate (L/kg body weight-day) A = Inhalation absorption factor EF = Exposure frequency (days/year) ED = Exposure duration (years) AT = Averaging time period over which exposure is averaged. 10-6 = Conversion factor Values ParameterChildAdult CPF =1.10E+001.10E+00 DBR =581302 A =11 EF =350350 AT =25,55025,550 Construction Cancer Risk by Year - Maximum Impact Receptor Location ExposureChild - Exposure InformationChildAdult - Exposure InformationAdult ExposureExposureCancerModeledExposureCancerUnmitigated Exposure DurationDPM Conc (ug/m3)AdjustRiskDPM Conc (ug/m3)AdjustRiskFugitiveTotal Year(years)YearAnnualFactor(per million)YearAnnualFactor(per million)PM2.5PM2.5 1 120170.0068100.6020170.006841 0.03 0.004570.011 2 1 0.0000100.00 0.00001 0.00 3 1 0.00004.750.00 0.00001 0.00 4 1 0.000030.00 0.00001 0.00 5 1 0.000030.00 0.00001 0.00 6 1 0.000030.00 0.00001 0.00 7 1 0.000030.00 0.00001 0.00 8 1 0.000030.00 0.00001 0.00 9 1 0.000030.00 0.00001 0.00 10 1 0.000030.00 0.00001 0.00 11 1 0.000030.00 0.00001 0.00 12 1 0.000030.00 0.00001 0.00 13 1 0.000030.00 0.00001 0.00 14 1 0.000030.00 0.00001 0.00 15 1 0.000030.00 0.00001 0.00 16 1 0.000030.00 0.00001 0.00 17 1 0.00001.50.00 0.00001 0.00 59 1 0.000010.00 0.00001 0.00 .•.•.•.•.•.•.•.•.•.• .•.•.•.•.•.•.•.•.•.• 64 1 0.000010.00 0.00001 0.00 65 1 0.000010.00 0.00001 0.00 66 1 0.000010.00 0.00001 0.00 67 1 0.000010.00 0.00001 0.00 68 1 0.000010.00 0.00001 0.00 69 1 0.000010.00 0.00001 0.00 70 1 0.000010.00 0.00001 0.00 Total Increased Cancer Risk 0.60 0.03 112 Miller Ave - Parcel C, South San Francisco, CA - Construction Impacts - Unmitigated Emissions Maximum DPM Cancer Risk Calculations From Construction Construction of Parcel C Off-Site Residential Receptor Locations - 1.5 meters Cancer Risk (per million) = CPF x Inhalation Dose x 1.0E6 Where: CPF = Cancer potency factor (mg/kg-day)-1 Inhalation Dose = Cair x DBR x A x EF x ED x 10-6 / AT Where: Cair = concentration in air (μg/m3) DBR = daily breathing rate (L/kg body weight-day) A = Inhalation absorption factor EF = Exposure frequency (days/year) ED = Exposure duration (years) AT = Averaging time period over which exposure is averaged. 10-6 = Conversion factor Values ParameterChildAdult CPF =1.10E+001.10E+00 DBR =581302 A =11 EF =350350 AT =25,55025,550 Construction Cancer Risk by Year - Maximum Impact Receptor Location ExposureChild - Exposure InformationChildAdult - Exposure InformationAdult ExposureExposureCancerModeledExposureCancerUnmitigated Exposure DurationDPM Conc (ug/m3)AdjustRiskDPM Conc (ug/m3)AdjustRiskFugitiveTotal Year(years)YearAnnualFactor(per million)YearAnnualFactor(per million)PM2.5PM2.5 1 120180.0954108.3520180.095351 0.43 0.020330.116 2 120190.0714106.2520190.07141 0.32 0.002480.074 3 100.00004.750.00 0.00001 0.00 4 100.000030.00 0.00001 0.00 5 100.000030.00 0.00001 0.00 6 100.000030.00 0.00001 0.00 7 100.000030.00 0.00001 0.00 8 1 0.000030.00 0.00001 0.00 9 1 0.000030.00 0.00001 0.00 10 1 0.000030.00 0.00001 0.00 11 1 0.000030.00 0.00001 0.00 12 1 0.000030.00 0.00001 0.00 13 1 0.000030.00 0.00001 0.00 14 1 0.000030.00 0.00001 0.00 15 1 0.000030.00 0.00001 0.00 16 1 0.000030.00 0.00001 0.00 17 1 0.00001.50.00 0.00001 0.00 59 1 0.000010.00 0.00001 0.00 .•.•.•.•.•.•.•.•.•.• .•.•.•.•.•.•.•.•.•.• 64 1 0.000010.00 0.00001 0.00 65 1 0.000010.00 0.00001 0.00 66 1 0.000010.00 0.00001 0.00 67 1 0.000010.00 0.00001 0.00 68 1 0.000010.00 0.00001 0.00 69 1 0.000010.00 0.00001 0.00 70 1 0.000010.00 0.00001 0.00 Total Increased Cancer Risk 14.60 0.76 113 Miller Ave - Parcel C, South San Francisco, CA - Construction Impacts - Unmitigated Emissions Maximum DPM Cancer Risk Calculations From Construction Construction of Parcel C Off-Site Residential Receptor Locations - 4.5 meters Cancer Risk (per million) = CPF x Inhalation Dose x 1.0E6 Where: CPF = Cancer potency factor (mg/kg-day)-1 Inhalation Dose = Cair x DBR x A x EF x ED x 10-6 / AT Where: Cair = concentration in air (μg/m3) DBR = daily breathing rate (L/kg body weight-day) A = Inhalation absorption factor EF = Exposure frequency (days/year) ED = Exposure duration (years) AT = Averaging time period over which exposure is averaged. 10-6 = Conversion factor Values ParameterChildAdult CPF =1.10E+001.10E+00 DBR =581302 A =11 EF =350350 AT =25,55025,550 Construction Cancer Risk by Year - Maximum Impact Receptor Location ExposureChild - Exposure InformationChildAdult - Exposure InformationAdult ExposureExposureCancerModeledExposureCancerUnmitigated Exposure DurationDPM Conc (ug/m3)AdjustRiskDPM Conc (ug/m3)AdjustRiskFugitiveTotal Year(years)YearAnnualFactor(per million)YearAnnualFactor(per million)PM2.5PM2.5 1 120180.13861012.1320180.138591 0.63 0.014230.153 2 120190.1038109.0820190.10381 0.47 0.001740.106 3 100.00004.750.00 0.00001 0.00 4 100.000030.00 0.00001 0.00 5 100.000030.00 0.00001 0.00 6 100.000030.00 0.00001 0.00 7 100.000030.00 0.00001 0.00 8 1 0.000030.00 0.00001 0.00 9 1 0.000030.00 0.00001 0.00 10 1 0.000030.00 0.00001 0.00 11 1 0.000030.00 0.00001 0.00 12 1 0.000030.00 0.00001 0.00 13 1 0.000030.00 0.00001 0.00 14 1 0.000030.00 0.00001 0.00 15 1 0.000030.00 0.00001 0.00 16 1 0.000030.00 0.00001 0.00 17 1 0.00001.50.00 0.00001 0.00 59 1 0.000010.00 0.00001 0.00 .•.•.•.•.•.•.•.•.•.• .•.•.•.•.•.•.•.•.•.• 64 1 0.000010.00 0.00001 0.00 65 1 0.000010.00 0.00001 0.00 66 1 0.000010.00 0.00001 0.00 67 1 0.000010.00 0.00001 0.00 68 1 0.000010.00 0.00001 0.00 69 1 0.000010.00 0.00001 0.00 70 1 0.000010.00 0.00001 0.00 Total Increased Cancer Risk 21.2 1.1 114 Miller Ave - Parcel D, South San Francisco, CA - Construction Impacts - Unmitigated Emissions Maximum DPM Cancer Risk Calculations From Construction Construction of Parcel D Off-Site Residential Receptor Locations - 4.5 meters Cancer Risk (per million) = CPF x Inhalation Dose x 1.0E6 Where: CPF = Cancer potency factor (mg/kg-day)-1 Inhalation Dose = Cair x DBR x A x EF x ED x 10-6 / AT Where: Cair = concentration in air (μg/m3) DBR = daily breathing rate (L/kg body weight-day) A = Inhalation absorption factor EF = Exposure frequency (days/year) ED = Exposure duration (years) AT = Averaging time period over which exposure is averaged. 10-6 = Conversion factor Values ParameterChildAdult CPF =1.10E+001.10E+00 DBR =581302 A =11 EF =350350 AT =25,55025,550 Construction Cancer Risk by Year - Maximum Impact Receptor Location ExposureChild - Exposure InformationChildAdult - Exposure InformationAdult ExposureExposureCancerModeledExposureCancerUnmitigated Exposure DurationDPM Conc (ug/m3)AdjustRiskDPM Conc (ug/m3)AdjustRiskFugitiveTotal Year(years)YearAnnualFactor(per million)YearAnnualFactor(per million)PM2.5PM2.5 1120160.0126101.1020160.0125910.060.005260.0179 2120170.0506104.4320170.0506310.230.010710.0613 310.00004.750.000.000010.00 410.000030.000.000010.00 510.000030.000.000010.00 610.000030.000.000010.00 710.000030.000.000010.00 810.000030.000.000010.00 910.000030.000.000010.00 1010.000030.000.000010.00 1110.000030.000.000010.00 1210.000030.000.000010.00 1310.000030.000.000010.00 1410.000030.000.000010.00 1510.000030.000.000010.00 1610.000030.000.000010.00 1710.00001.50.000.000010.00 1810.000010.000.000010.00 .•.•.•.•.•.•.•.•.•.• .•.•.•.•.•.•.•.•.•.• .•.•.•.•.•.•.•.•.•.• 6510.000010.000.000010.00 6610.000010.000.000010.00 6710.000010.000.000010.00 6810.000010.000.000010.00 6910.000010.000.000010.00 7010.000010.000.000010.00 Total Increased Cancer Risk5.50.3 115 Miller Ave - Parcel C, South San Francisco, CA - Construction Impacts - Mitigated Emissions Maximum DPM Cancer Risk Calculations From Construction Construction of Parcel C Off-Site Residential Receptor Locations - 4.5 meters Cancer Risk (per million) = CPF x Inhalation Dose x 1.0E6 Where: CPF = Cancer potency factor (mg/kg-day)-1 Inhalation Dose = Cair x DBR x A x EF x ED x 10-6 / AT Where: Cair = concentration in air (μg/m3) DBR = daily breathing rate (L/kg body weight-day) A = Inhalation absorption factor EF = Exposure frequency (days/year) ED = Exposure duration (years) AT = Averaging time period over which exposure is averaged. 10-6 = Conversion factor Values ParameterChildAdult CPF =1.10E+001.10E+00 DBR =581302 A =11 EF =350350 AT =25,55025,550 Construction Cancer Risk by Year - Maximum Impact Receptor Location ExposureChild - Exposure InformationChildAdult - Exposure InformationAdult ExposureExposureCancerModeledExposureCancer Exposure DurationDPM Conc (ug/m3)AdjustRiskDPM Conc (ug/m3)AdjustRiskFugitiveTotal Year(years)YearAnnualFactor(per million)YearAnnualFactor(per million)PM2.5PM2.5 1 120180.0522104.5720180.052231 0.24 0.007490.060 2 120190.0324102.8420190.03241 0.15 0.001740.034 3 100.00004.750.00 0.00001 0.00 4 100.000030.00 0.00001 0.00 5 100.000030.00 0.00001 0.00 6 100.000030.00 0.00001 0.00 7 100.000030.00 0.00001 0.00 8 1 0.000030.00 0.00001 0.00 9 1 0.000030.00 0.00001 0.00 10 1 0.000030.00 0.00001 0.00 11 1 0.000030.00 0.00001 0.00 12 1 0.000030.00 0.00001 0.00 13 1 0.000030.00 0.00001 0.00 14 1 0.000030.00 0.00001 0.00 15 1 0.000030.00 0.00001 0.00 16 1 0.000030.00 0.00001 0.00 17 1 0.00001.50.00 0.00001 0.00 59 1 0.000010.00 0.00001 0.00 .•.•.•.•.•.•.•.•.•.• .•.•.•.•.•.•.•.•.•.• 64 1 0.000010.00 0.00001 0.00 65 1 0.000010.00 0.00001 0.00 66 1 0.000010.00 0.00001 0.00 67 1 0.000010.00 0.00001 0.00 68 1 0.000010.00 0.00001 0.00 69 1 0.000010.00 0.00001 0.00 70 1 0.000010.00 0.00001 0.00 Total Increased Cancer Risk 7.4 0.4 116 23 Attachment 2: Operational CalEEMod Modeling 117 0.0000 12.3399 12.3399 3.4200e- 003 1.7000e- 004 12.46300.0118 0.0118 0.0118 0.0118Area1.9732 0.0235 2.0311 1.1000e- 004 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 2.2 Overall Operational Unmitigated Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 tblWoodstoves WoodstoveWoodMass 954.80 0.00 2.0 Emissions Summary tblProjectCharacteristics CO2IntensityFactor 641.35 429 tblProjectCharacteristics OperationalYear 2014 2019 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblLandUse LotAcreage 7.16 1.96 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblGrading AcresOfGrading 0.00 4.50 tblLandUse LotAcreage 3.23 0.00 tblFireplaces FireplaceWoodMass 92.40 0.00 tblFireplaces NumberGas 149.60 188.00 Table Name Column Name Default Value New Value tblConstructionPhase NumDays 3.00 1.00 1.3 User Entered Comments & Non-Default Data Project Characteristics - PG&E 2013 certified rate is 429 Land Use - Operational size - Parcels A, B, C and D+ Construction Phase - No construction Off-road Equipment - No construction Woodstoves - No wood burning CO2 Intensity (lb/MWhr) 429 CH4 Intensity (lb/MWhr) 0.029 N2O Intensity (lb/MWhr) 0.006 70 Climate Zone 5 Operational Year 2019 Utility Company Pacific Gas & Electric Company 1.2 Other Project Characteristics Urbanization Urban Wind Speed (m/s)2.2 Precipitation Freq (Days) Apartments Mid Rise 272.00 Dwelling Unit 1.96 272,000.00 778 Unenclosed Parking with Elevator 140.49 1000sqft 0.00 140,490.00 0 Population Parking Lot 8.76 1000sqft 0.20 8,760.00 0 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area CalEEMod Version: CalEEMod.2013.2.2 Page 1 of 1 Date: 11/10/2015 4:28 PM SSF all parcels operational San Mateo County, Annual 1.0 Project Characteristics 118 4.3 Trip Type Information Total 1,792.48 1,947.52 1,651.04 4,005,809 4,005,809 Unenclosed Parking with Elevator 0.00 0.00 0.00 Parking Lot 0.00 0.00 0.00 Annual VMT Apartments Mid Rise 1,792.48 1,947.52 1651.04 4,005,809 4,005,809 4.2 Trip Summary Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT 0.0000 1,406.242 2 1,406.2422 0.0571 0.0000 1,407.440 9 1.4799 0.0221 1.5019 0.3969 0.0204 0.4173Unmitigated0.8208 1.5295 7.9981 0.0196 0.0000 1,406.242 2 1,406.2422 0.0571 0.0000 1,407.440 9 1.4799 0.0221 1.5019 0.3969 0.0204 0.4173Mitigated0.8208 1.5295 7.9981 0.0196 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 4.0 Operational Detail - Mobile 4.1 Mitigation Measures Mobile ROG NOx CO SO2 Fugitive PM10 0.00 0.00 0.00 0.00 0.10 0.000.00 0.00 0.00 0.00 0.00 0.00 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2ROGNOxCOSO2Fugitive PM10 31.0206 1,843.311 5 1,874.3320 2.1613 0.0203 1,926.006 5 1.4799 0.0428 1.5227 0.3969 0.0411 0.4380Total2.8070 1.6640 10.0764 0.0205 5.6223 26.2692 31.8915 0.5791 0.0140 48.38750.0000 0.0000 0.0000 0.0000Water 25.3982 0.0000 25.3982 1.5010 0.0000 56.91910.0000 0.0000 0.0000 0.0000Waste 0.0000 1,406.242 2 1,406.2422 0.0571 0.0000 1,407.440 9 1.4799 0.0221 1.5019 0.3969 0.0204 0.4173Mobile0.8208 1.5295 7.9981 0.0196 0.0000 398.4602 398.4602 0.0207 6.1300e- 003 400.79608.9700e- 003 8.9700e- 003 8.9700e- 003 8.9700e- 003 Energy 0.0130 0.1110 0.0472 7.1000e- 004 0.0000 12.3399 12.3399 3.4200e- 003 1.7000e- 004 12.46300.0118 0.0118 0.0118 0.0118Area1.9732 0.0235 2.0311 1.1000e- 004 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 31.0206 1,843.311 5 1,874.3320 2.1614 0.0203 1,926.015 5 1.4799 0.0428 1.5227 0.3969 0.0411 0.4380Total2.8070 1.6640 10.0764 0.0205 5.6223 26.2692 31.8915 0.5792 0.0140 48.39650.0000 0.0000 0.0000 0.0000Water 25.3982 0.0000 25.3982 1.5010 0.0000 56.91910.0000 0.0000 0.0000 0.0000Waste 0.0000 1,406.242 2 1,406.2422 0.0571 0.0000 1,407.440 9 1.4799 0.0221 1.5019 0.3969 0.0204 0.4173Mobile0.8208 1.5295 7.9981 0.0196 0.0000 398.4602 398.4602 0.0207 6.1300e- 003 400.79608.9700e- 003 8.9700e- 003 8.9700e- 003 8.9700e- 003 Energy 0.0130 0.1110 0.0472 7.1000e- 004 119 2.3600e- 003 129.29278.9700e- 003 8.9700e- 003 0.0000 128.5106 128.5106 2.4600e- 003 0.0472 7.1000e- 004 8.9700e- 003 8.9700e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 Apartments Mid Rise 2.4082e+0 06 0.0130 0.1110 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unenclosed Parking with Elevator 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 CO2e Land Use kBTU/yr tons/yr MT/yr Parking Lot 0 0.0000 0.0000 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2OSO2Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 NaturalGa s Use ROG NOx CO 128.5106 2.4600e- 003 2.3600e- 003 129.2927 Mitigated 8.9700e- 003 8.9700e- 003 8.9700e- 003 0.0000 128.5106 129.2927 Total 0.0130 0.1110 0.0472 7.1000e- 004 8.9700e- 003 8.9700e- 003 0.0000 128.5106 128.5106 2.4600e- 003 2.3600e- 003 7.1000e- 004 8.9700e- 003 8.9700e- 003 8.9700e- 003 0.0000 0.0000 0.0000 0.0000 Apartments Mid Rise 2.4082e+0 06 0.0130 0.1110 0.0472 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unenclosed Parking with Elevator 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Parking Lot 0 0.0000 0.0000 0.0000 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 5.2 Energy by Land Use - NaturalGas Unmitigated NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 0.0000 128.5106 128.5106 2.4600e- 003 2.3600e- 003 129.29278.9700e- 003 8.9700e- 003 8.9700e- 003 8.9700e- 003 NaturalGas Unmitigated 0.0130 0.1110 0.0472 7.1000e- 004 0.0000 128.5106 128.5106 2.4600e- 003 2.3600e- 003 129.29278.9700e- 003 8.9700e- 003 8.9700e- 003 8.9700e- 003 NaturalGas Mitigated 0.0130 0.1110 0.0472 7.1000e- 004 0.0000 269.9496 269.9496 0.0183 3.7800e- 003 271.50320.0000 0.0000 0.0000 0.0000Electricity Unmitigated 0.0000 269.9496 269.9496 0.0183 3.7800e- 003 271.50320.0000 0.0000 0.0000 0.0000Electricity Mitigated NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 4.4 Fleet Mix Historical Energy Use: N 5.1 Mitigation Measures Energy ROG NOx CO SO2 Fugitive PM10 0.002652 0.003672 0.006635 0.000224 0.000983 5.0 Energy Detail SBUS MH 0.579581 0.062616 0.176505 0.113545 0.029546 0.004152 0.015698 0.004192 LHD2 MHD HHD OBUS UBUS MCY 0.00 0.00 0 0 0 LDA LDT1 LDT2 MDV LHD1 0.00 0.00 0 0 0 Unenclosed Parking with Elevator 9.50 7.30 7.30 0.00 29.10 44.80 86 11 3 Parking Lot 9.50 7.30 7.30 0.00 H-S or C-C H-O or C-NW Primary Diverted Pass-by Apartments Mid Rise 12.40 4.30 5.40 26.10 Miles Trip %Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C- W 120 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Architectural Coating 0.2649 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 6.2 Area by SubCategory Unmitigated ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 12.3399 12.3399 3.4200e- 003 1.7000e- 004 12.46300.0118 0.0118 0.0118 0.0118Unmitigated1.9732 0.0235 2.0311 1.1000e- 004 0.0000 12.3399 12.3399 3.4200e- 003 1.7000e- 004 12.46300.0118 0.0118 0.0118 0.0118Mitigated1.9732 0.0235 2.0311 1.1000e- 004 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 6.0 Area Detail 6.1 Mitigation Measures Area ROG NOx CO SO2 Fugitive PM10 77.5372 Total 269.9496 0.0183 3.7800e- 003 271.5032 Unenclosed Parking with Elevator 396182 77.0935 5.2100e- 003 1.0800e- 003 192.4574 Parking Lot 7708.8 1.5001 1.0000e- 004 2.0000e- 005 1.5087 Land Use kWh/yr t o n MT/yr Apartments Mid Rise 983375 191.3561 0.0129 2.6800e- 003 Mitigated Electricity Use Total CO2 CH4 N2O CO2e 77.5372 Total 269.9496 0.0183 3.7800e- 003 271.5032 Unenclosed Parking with Elevator 396182 77.0935 5.2100e- 003 1.0800e- 003 192.4574 Parking Lot 7708.8 1.5001 1.0000e- 004 2.0000e- 005 1.5087 Land Use kWh/yr t o n MT/yr Apartments Mid Rise 983375 191.3561 0.0129 2.6800e- 003 Unmitigated Electricity Use Total CO2 CH4 N2O CO2e 128.5106 128.5106 2.4600e- 003 2.3600e- 003 129.2927 5.3 Energy by Land Use - Electricity 8.9700e- 003 8.9700e- 003 8.9700e- 003 8.9700e- 003 0.0000Total0.0130 0.1110 0.0472 7.1000e- 004 121 Mitigated 0.0000 Total 31.8915 0.5792 0.0140 48.3965 Unenclosed Parking with Elevator 0 / 0 0.0000 0.0000 0.0000 48.3965 Parking Lot 0 / 0 0.0000 0.0000 0.0000 0.0000 Land Use Mgal t o n MT/yr Apartments Mid Rise 17.7219 / 11.1725 31.8915 0.5792 0.0140 7.2 Water by Land Use Unmitigated Indoor/Out door Use Total CO2 CH4 N2O CO2e Unmitigated 31.8915 0.5792 0.0140 48.3965 Category t o n MT/yr Mitigated 31.8915 0.5791 0.0140 48.3875 7.0 Water Detail 7.1 Mitigation Measures Water Total CO2 CH4 N2O CO2e 0.0000 12.3399 12.3399 3.4200e- 003 1.7000e- 004 12.46300.0118 0.0118 0.0118 0.0118Total1.9732 0.0235 2.0311 1.1000e- 004 0.0000 3.3017 3.3017 3.2500e- 003 0.0000 3.36990.0111 0.0111 0.0111 0.0111Landscaping0.0623 0.0235 2.0310 1.1000e- 004 0.0000 9.0382 9.0382 1.7000e- 004 1.7000e- 004 9.09326.3000e- 004 6.3000e- 004 6.2000e- 004 6.2000e- 004 Hearth 9.1000e- 004 0.0000 5.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Consumer Products 1.6452 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Architectural Coating 0.2649 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Mitigated ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 0.0000 12.3399 12.3399 3.4200e- 003 1.7000e- 004 12.46300.0118 0.0118 0.0118 0.0118Total1.9732 0.0235 2.0311 1.1000e- 004 0.0000 3.3017 3.3017 3.2500e- 003 0.0000 3.36990.0111 0.0111 0.0111 0.0111Landscaping0.0623 0.0235 2.0310 1.1000e- 004 0.0000 9.0382 9.0382 1.7000e- 004 1.7000e- 004 9.09326.3000e- 004 6.3000e- 004 6.2000e- 004 6.2000e- 004 Hearth 9.1000e- 004 0.0000 5.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Consumer Products 1.6452 122 9.0 Operational Offroad 0.0000 Total 25.3982 1.5010 0.0000 56.9191 Unenclosed Parking with Elevator 0 0.0000 0.0000 0.0000 56.9191 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 Land Use tons t o n MT/yr Apartments Mid Rise 125.12 25.3982 1.5010 0.0000 Mitigated Waste Disposed Total CO2 CH4 N2O CO2e 0.0000 Total 25.3982 1.5010 0.0000 56.9191 Unenclosed Parking with Elevator 0 0.0000 0.0000 0.0000 56.9191 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 Land Use tons t o n MT/yr Apartments Mid Rise 125.12 25.3982 1.5010 0.0000 8.2 Waste by Land Use Unmitigated Waste Disposed Total CO2 CH4 N2O CO2e Mitigated 25.3982 1.5010 0.0000 56.9191 t o n MT/yr Unmitigated 25.3982 1.5010 0.0000 56.9191 8.0 Waste Detail 8.1 Mitigation Measures Waste Category/Year Total CO2 CH4 N2O CO2e 0.0000 Total 31.8915 0.5791 0.0140 48.3875 Unenclosed Parking with Elevator 0 / 0 0.0000 0.0000 0.0000 48.3875 Parking Lot 0 / 0 0.0000 0.0000 0.0000 0.0000 Land Use Mgal t o n MT/yr Apartments Mid Rise 17.7219 / 11.1725 31.8915 0.5791 0.0140 Indoor/Out door Use Total CO2 CH4 N2O CO2e 123 Load Factor Fuel Type 10.0 Vegetation Equipment Type Number Hours/Day Days/Year Horse Power 124 24 Attachment 3: Local Roadway and Stationary Source Screening Calculations 125 SSF Parcels A, B, C, D+ G11137 G9214 San_Mateo_May_2012_sch ema:FID 219 San_Mateo_May_2012 _schema:FID 1208 San_Mateo_May_2012_sch ema:PlantNo G11137 San_Mateo_May_2012 _schema:PlantNo G9214 San_Mateo_May_2012_sch ema:Name Chico's Service Station San_Mateo_May_2012 _schema:Name Unocal #1020 --Grand Martco Inc San_Mateo_May_2012_sch ema:Address 401 Linden Avenue San_Mateo_May_2012 _schema:Address 221 Airport Boulevard San_Mateo_May_2012_sch ema:City South San Francisco San_Mateo_May_2012 _schema:City South San Francisco San_Mateo_May_2012_sch ema:UTM_East 552047 San_Mateo_May_2012 _schema:UTM_East 552182 San_Mateo_May_2012_sch ema:UTM_North 4167850 San_Mateo_May_2012 _schema:UTM_North 4167588 San_Mateo_May_2012_sch ema:Cancer 5.774305 San_Mateo_May_2012 _schema:Cancer 14.724477 San_Mateo_May_2012_sch ema:Hazard 0.009556 San_Mateo_May_2012 _schema:Hazard 0.024367 San_Mateo_May_2012_sch ema:PM25 na San_Mateo_May_2012 _schema:PM25 na 126 Distance meters Distance feet Distance adjustment multiplier Enter Cancer Risk Adjusted Cancer Risk Enter Chronic Hazard Index Adjusted Chronic Hazard Index 20 66 1.000 14.724477 0 25 82 0.728 14.724477 10.72 0 30 98 0.559 14.724477 8.23 0 35 115 0.445 14.724477 6.55 0 40 131 0.365 14.724477 5.37 0 45 148 0.305 14.724477 4.49 0 50 164 0.260 14.724477 3.83 0 55 180 0.225 14.724477 3.31 0 60 197 0.197 14.724477 2.89 0 65 213 0.174 14.724477 2.56 0 70 230 0.155 14.724477 2.28 0 75 246 0.139 14.724477 2.05 0 80 262 0.126 14.724477 1.85 0 85 279 0.114 14.724477 1.68 0 90 295 0.104 14.724477 1.54 0 95 312 0.096 14.724477 1.41 0 100 328 0.088 14.724477 1.30 0 105 344 0.082 14.724477 1.20 0 110 361 0.076 14.724477 1.12 0 115 377 0.071 14.724477 1.04 0 120 394 0.066 14.724477 0.97 0 125 410 0.062 14.724477 0.91 0 130 426 0.058 14.724477 0.86 0 135 443 0.055 14.724477 0.81 0 140 459 0.052 14.724477 0.76 0 145 476 0.049 14.724477 0.72 0 150 492 0.046 14.724477 0.68 0 155 508 0.044 14.724477 0.64 0 160 525 0.042 14.724477 0.61 0 165 541 0.040 14.724477 0.58 0 170 558 0.038 14.724477 0.55 0 175 574 0.036 14.724477 0.53 0 180 590 0.034 14.724477 0.51 0 185 607 0.033 14.724477 0.48 0 190 623 0.031 14.724477 0.46 0 195 640 0.030 14.724477 0.44 0 200 656 0.029 14.724477 0.43 0 205 672 0.028 14.724477 0.41 0 210 689 0.027 14.724477 0.39 0 215 705 0.026 14.724477 0.38 0 220 722 0.025 14.724477 0.36 0 225 738 0.024 14.724477 0.35 0 230 754 0.023 14.724477 0.34 0 235 771 0.022 14.724477 0.33 0 240 787 0.022 14.724477 0.32 0 245 804 0.021 14.724477 0.31 0 250 820 0.020 14.724477 0.30 0 255 836 0.020 14.724477 0.29 0 260 853 0.019 14.724477 0.28 0 265 869 0.018 14.724477 0.27 0 270 886 0.018 14.724477 0.26 0 275 902 0.017 14.724477 0.25 0 280 918 0.017 14.724477 0.25 0 285 935 0.016 14.724477 0.24 0 290 951 0.016 14.724477 0.23 0 295 968 0.015 14.724477 0.23 0 300 984 0.015 14.724477 0.22 0 3. In the table below, enter the cancer risk and/or chronic hazard index found in step 1 for the GDF in the row which aligns with the shortest distance from each GDF to the nearest receptor (found in step 2). If the shortest distance to the receptor falls between two distance values, select the multiplier corresponding to the smaller distance. For distances beyond 300 meters, use the multiplier 0.015. The resulting product is the adjusted cancer risk in a million or the adjusted chronic hazard index for the GDF. Note: These distance adjustment multipliers may be used only for the screening level health risk values indicated in the District's Stationary Source Screening Analysis tool for gasoline dispensing facilities. This distance multiplier tool may not be used to adjust values from an HRA if an HRA for the facility was conducted. Source: G9214 How to Use the Distance Adjustment Multiplier Tool for Gasoline Dispensing Facilities (GDF) This distance multiplier tool refines the screening values for cancer risk and chronic hazard index found in the District's Stationary Source Screening Analysis Tool to represent adjusted risk and hazard impacts that can be expected with farther distances from the source of emissions (GDF's). 1. Obtain the GDF cancer risk and/or chronic hazard index from the District's Stationary Source Screening Analysis tool for facilities where the Plant No. is preceded with a 'G'. If the distance to the nearest receptor is less than 20 meters, the distance adjustment multiplier table cannot be used and an air dispersion modeling analysis using site-specific information is needed to refine the cancer risk and/or chronic hazard index estimate. 2. Determine the shortest distance from the GDF to the nearest receptor. 127 Distance meters Distance feet Distance adjustment multiplier Enter Cancer Risk Adjusted Cancer Risk Enter Chronic Hazard Index Adjusted Chronic Hazard Index 20 66 1.000 5.774305 5.77 0 25 82 0.728 5.774305 4.20 0 30 98 0.559 5.774305 3.23 0 35 115 0.445 5.774305 2.57 0 40 131 0.365 5.774305 2.11 0 45 148 0.305 5.774305 1.76 0 50 164 0.260 5.774305 1.50 0 55 180 0.225 5.774305 1.30 0 60 197 0.197 5.774305 1.13 0 65 213 0.174 5.774305 1.00 0 70 230 0.155 5.774305 0.89 0 75 246 0.139 5.774305 0.80 0 80 262 0.126 5.774305 0.73 0 85 279 0.114 5.774305 0.66 0 90 295 0.104 5.774305 0.60 0 95 312 0.096 5.774305 0.55 0 100 328 0.088 5.774305 0.51 0 105 344 0.082 5.774305 0.47 0 110 361 0.076 5.774305 0.44 0 115 377 0.071 5.774305 0.41 0 120 394 0.066 5.774305 0.38 0 125 410 0.062 5.774305 0.36 0 130 426 0.058 5.774305 0.34 0 135 443 0.055 5.774305 0.32 0 140 459 0.052 5.774305 0.30 0 145 476 0.049 5.774305 0.28 0 150 492 0.046 5.774305 0.27 0 155 508 0.044 5.774305 0.25 0 160 525 0.042 5.774305 0.24 0 165 541 0.040 5.774305 0.23 0 170 558 0.038 5.774305 0.22 0 175 574 0.036 5.774305 0.21 0 180 590 0.034 5.774305 0.20 0 185 607 0.033 5.774305 0.19 0 190 623 0.031 5.774305 0.18 0 195 640 0.030 5.774305 0.17 0 200 656 0.029 5.774305 0.17 0 205 672 0.028 5.774305 0.16 0 210 689 0.027 5.774305 0.15 0 215 705 0.026 5.774305 0.15 0 220 722 0.025 5.774305 0.14 0 225 738 0.024 5.774305 0.14 0 230 754 0.023 5.774305 0.13 0 235 771 0.022 5.774305 0.13 0 240 787 0.022 5.774305 0.12 0 245 804 0.021 5.774305 0.12 0 250 820 0.020 5.774305 0.12 0 255 836 0.020 5.774305 0.11 0 260 853 0.019 5.774305 0.11 0 265 869 0.018 5.774305 0.11 0 270 886 0.018 5.774305 0.10 0 275 902 0.017 5.774305 0.10 0 280 918 0.017 5.774305 0.10 0 285 935 0.016 5.774305 0.09 0 290 951 0.016 5.774305 0.09 0 295 968 0.015 5.774305 0.09 0 300 984 0.015 5.774305 0.09 0 Source: G11137 How to Use the Distance Adjustment Multiplier Tool for Gasoline Dispensing Facilities (GDF) 1. Obtain the GDF cancer risk and/or chronic hazard index from the District's Stationary Source Screening Analysis tool for facilities where the Plant No. is preceded with a 'G'. If the distance to the nearest receptor is less than 20 meters, the distance adjustment multiplier table cannot be used and an air dispersion modeling analysis using site-specific information is needed to refine the cancer risk and/or chronic hazard index estimate. 2. Determine the shortest distance from the GDF to the nearest receptor. 3. In the table below, enter the cancer risk and/or chronic hazard index found in step 1 for the GDF in the row which aligns with the shortest distance from each GDF to the nearest receptor (found in step 2). If the shortest distance to the receptor falls between two distance values, select the multiplier corresponding to the smaller distance. For distances beyond 300 meters, use the multiplier 0.015. The resulting product is the adjusted cancer risk in a million or the adjusted chronic hazard index for the GDF. Note: These distance adjustment multipliers may be used only for the screening level health risk values indicated in the District's Stationary Source Screening Analysis tool for gasoline dispensing facilities. This distance multiplier tool may not be used to adjust values from an HRA if an HRA for the facility was conducted. This distance multiplier tool refines the screening values for cancer risk and chronic hazard index found in the District's Stationary Source Screening Analysis Tool to represent adjusted risk and hazard impacts that can be expected with farther distances from the source of emissions (GDF's). 128 Bay Area Air Quality Management DistrictRoadway Screening Analysis Calculator County specific tables containing estimates of risk and hazard impacts from roadways in the Bay Area. • Roadway Direction: Select the orientation that best matches the roadway. If the roadway orientation is neither clearly north-south nor east-west, use the highest values predicted from either orientation. • Annual Average Daily Traffic (ADT): Enter the annual average daily traffic on the roadway. These data may be collected from the city or the county (if the area is unincorporated). Notes and References listed below the Search Boxes Search Parameters Results County San Mateo County Roadway Direction NORTH-SOUTH DIRECTIONAL ROADWAY Side of the Roadway PM2.5 annual average Distance from Roadway 25 feet (μg/m3) Cancer Risk 20,000 (per million) . Airport Blvd Data for San Mateo County based on meteorological data collected from San Mateo Sewage Treatment Plant in 2005 Notes and References: 1. Emissions were developed using EMFAC2011 for fleet mix in 2014 assuming 10,000 AADT and includes impacts from diesel and gasoline vehicle exhaust, brake and tire wear, and resuspended dust. 2. Roadways were modeled using CALINE4 air dispersion model assuming a source length of one kilometer. Meteorological data used to estimate the screening values are noted at the bottom of the “Results” box. 3. Cancer risks were estimated for 70 year lifetime exposure starting in 2014 that includes sensitivity values for early life exposures and OEHHA toxicity values adopted in 2013. INSTRUCTIONS: Annual Average Daily Traffic (ADT)8.00 0.181 Input the site-specific characteristics of your project by using the drop down menu in the “Search Parameter” box. We recommend that this analysis be used for roadways with 10,000 AADT and above. • County: Select the County where the project is located. The calculator is only applicable for projects within the nine Bay Area counties. • Side of the Roadway: Identify on which side of the roadway the project is located. • Distance from Roadway: Enter the distance in feet from the nearest edge of the roadway to the project site. The calculator estimates values for distances greater than 10 feet and less than 1000 feet. For distances greater than 1000 feet, the user can choose to extrapolate values using a distribution curve or apply 1000 feet values for greater distances. When the user has completed the data entries, the screening level PM2.5 annual average concentration and the cancer risk results will appear in the Results Box on the right. Please note that the roadway tool is not applicable for California State Highways and the District refers the user to the Highway Screening Analysis Tool at: http://www.baaqmd.gov/Divisions/Planning-and-Research/CEQA- GUIDELINES/Tools-and-Methodology.aspx. 129 Bay Area Air Quality Management DistrictRoadway Screening Analysis Calculator County specific tables containing estimates of risk and hazard impacts from roadways in the Bay Area. • Roadway Direction: Select the orientation that best matches the roadway. If the roadway orientation is neither clearly north-south nor east-west, use the highest values predicted from either orientation. • Annual Average Daily Traffic (ADT): Enter the annual average daily traffic on the roadway. These data may be collected from the city or the county (if the area is unincorporated). Notes and References listed below the Search Boxes Search Parameters Results County San Mateo County Roadway Direction NORTH-SOUTH DIRECTIONAL ROADWAY Side of the Roadway PM2.5 annual average Distance from Roadway 430 feet (μg/m3) Cancer Risk 20,000 (per million) . Airport Blvd Data for San Mateo County based on meteorological data collected from San Mateo Sewage Treatment Plant in 2005 Notes and References: 1. Emissions were developed using EMFAC2011 for fleet mix in 2014 assuming 10,000 AADT and includes impacts from diesel and gasoline vehicle exhaust, brake and tire wear, and resuspended dust. 2. Roadways were modeled using CALINE4 air dispersion model assuming a source length of one kilometer. Meteorological data used to estimate the screening values are noted at the bottom of the “Results” box. 3. Cancer risks were estimated for 70 year lifetime exposure starting in 2014 that includes sensitivity values for early life exposures and OEHHA toxicity values adopted in 2013. INSTRUCTIONS: Annual Average Daily Traffic (ADT)1.20 0.027 Input the site-specific characteristics of your project by using the drop down menu in the “Search Parameter” box. We recommend that this analysis be used for roadways with 10,000 AADT and above. • County: Select the County where the project is located. The calculator is only applicable for projects within the nine Bay Area counties. • Side of the Roadway: Identify on which side of the roadway the project is located. • Distance from Roadway: Enter the distance in feet from the nearest edge of the roadway to the project site. The calculator estimates values for distances greater than 10 feet and less than 1000 feet. For distances greater than 1000 feet, the user can choose to extrapolate values using a distribution curve or apply 1000 feet values for greater distances. When the user has completed the data entries, the screening level PM2.5 annual average concentration and the cancer risk results will appear in the Results Box on the right. Please note that the roadway tool is not applicable for California State Highways and the District refers the user to the Highway Screening Analysis Tool at: http://www.baaqmd.gov/Divisions/Planning-and-Research/CEQA- GUIDELINES/Tools-and-Methodology.aspx. 130 Bay Area Air Quality Management DistrictRoadway Screening Analysis Calculator County specific tables containing estimates of risk and hazard impacts from roadways in the Bay Area. • Roadway Direction: Select the orientation that best matches the roadway. If the roadway orientation is neither clearly north-south nor east-west, use the highest values predicted from either orientation. • Annual Average Daily Traffic (ADT): Enter the annual average daily traffic on the roadway. These data may be collected from the city or the county (if the area is unincorporated). Notes and References listed below the Search Boxes Search Parameters Results County San Mateo County Roadway Direction NORTH-SOUTH DIRECTIONAL ROADWAY Side of the Roadway PM2.5 annual average Distance from Roadway 150 feet (μg/m3) Cancer Risk 15,000 (per million) . Grand Data for San Mateo County based on meteorological data collected from San Mateo Sewage Treatment Plant in 2005 Notes and References: 1. Emissions were developed using EMFAC2011 for fleet mix in 2014 assuming 10,000 AADT and includes impacts from diesel and gasoline vehicle exhaust, brake and tire wear, and resuspended dust. 2. Roadways were modeled using CALINE4 air dispersion model assuming a source length of one kilometer. Meteorological data used to estimate the screening values are noted at the bottom of the “Results” box. 3. Cancer risks were estimated for 70 year lifetime exposure starting in 2014 that includes sensitivity values for early life exposures and OEHHA toxicity values adopted in 2013. INSTRUCTIONS: Annual Average Daily Traffic (ADT)2.45 0.055 Input the site-specific characteristics of your project by using the drop down menu in the “Search Parameter” box. We recommend that this analysis be used for roadways with 10,000 AADT and above. • County: Select the County where the project is located. The calculator is only applicable for projects within the nine Bay Area counties. • Side of the Roadway: Identify on which side of the roadway the project is located. • Distance from Roadway: Enter the distance in feet from the nearest edge of the roadway to the project site. The calculator estimates values for distances greater than 10 feet and less than 1000 feet. For distances greater than 1000 feet, the user can choose to extrapolate values using a distribution curve or apply 1000 feet values for greater distances. When the user has completed the data entries, the screening level PM2.5 annual average concentration and the cancer risk results will appear in the Results Box on the right. Please note that the roadway tool is not applicable for California State Highways and the District refers the user to the Highway Screening Analysis Tool at: http://www.baaqmd.gov/Divisions/Planning-and-Research/CEQA- GUIDELINES/Tools-and-Methodology.aspx. 131 Bay Area Air Quality Management DistrictRoadway Screening Analysis Calculator County specific tables containing estimates of risk and hazard impacts from roadways in the Bay Area. • Roadway Direction: Select the orientation that best matches the roadway. If the roadway orientation is neither clearly north-south nor east-west, use the highest values predicted from either orientation. • Annual Average Daily Traffic (ADT): Enter the annual average daily traffic on the roadway. These data may be collected from the city or the county (if the area is unincorporated). Notes and References listed below the Search Boxes Search Parameters Results County San Mateo County Roadway Direction NORTH-SOUTH DIRECTIONAL ROADWAY Side of the Roadway PM2.5 annual average Distance from Roadway 380 feet (μg/m3) Cancer Risk 15,000 (per million) . Grand Data for San Mateo County based on meteorological data collected from San Mateo Sewage Treatment Plant in 2005 Notes and References: 1. Emissions were developed using EMFAC2011 for fleet mix in 2014 assuming 10,000 AADT and includes impacts from diesel and gasoline vehicle exhaust, brake and tire wear, and resuspended dust. 2. Roadways were modeled using CALINE4 air dispersion model assuming a source length of one kilometer. Meteorological data used to estimate the screening values are noted at the bottom of the “Results” box. 3. Cancer risks were estimated for 70 year lifetime exposure starting in 2014 that includes sensitivity values for early life exposures and OEHHA toxicity values adopted in 2013. INSTRUCTIONS: Annual Average Daily Traffic (ADT)0.98 0.022 Input the site-specific characteristics of your project by using the drop down menu in the “Search Parameter” box. We recommend that this analysis be used for roadways with 10,000 AADT and above. • County: Select the County where the project is located. The calculator is only applicable for projects within the nine Bay Area counties. • Side of the Roadway: Identify on which side of the roadway the project is located. • Distance from Roadway: Enter the distance in feet from the nearest edge of the roadway to the project site. The calculator estimates values for distances greater than 10 feet and less than 1000 feet. For distances greater than 1000 feet, the user can choose to extrapolate values using a distribution curve or apply 1000 feet values for greater distances. When the user has completed the data entries, the screening level PM2.5 annual average concentration and the cancer risk results will appear in the Results Box on the right. Please note that the roadway tool is not applicable for California State Highways and the District refers the user to the Highway Screening Analysis Tool at: http://www.baaqmd.gov/Divisions/Planning-and-Research/CEQA- GUIDELINES/Tools-and-Methodology.aspx. 132 25 Attachment 4: U.S. 101 Modeling Summaries and Cancer Risk Calculations 133 Miller Avenue, South San Francisco, CA Hwy 101 DPM Modeling - Roadway Links, Traffic Volumes, and DPM Emissions Year =2020 Road Link Description Direction No. Lanes Link Length (m) Link Width (ft) Link Width (m) Release Height ( m) Diesel ADT Average Speed (mph) NB-101 Northbound Hwy 101 N4 7856820.6 3.4 2,218 variable SB-101 Southbound Hwy 101 S4 7896820.6 3.4 2,218 variable 2020 Hourly Diesel Traffic Volumes Per Direction and DPM Emissions - NB & SB Hwy 101 Hour % Per Hour VPH g/mile Hour % Per Hour VPH g/mile Hour % Per Hour VPH g/mile 1 3.26%720.0633 9 6.97%1550.0759177.08%1570.0796 2 2.48%550.0568107.69%1710.0637184.41%980.0632 3 1.40%310.0318115.93%1320.0612192.42%540.0455 4 0.82%180.0605127.05%1560.0629201.51%340.0389 5 0.75%170.0532136.64%1470.0631213.13%690.0530 6 2.08%460.0720146.41%1420.0620224.96%1100.0610 7 5.00%1110.0639156.61%1470.0576233.61%800.0555 8 4.28%950.0690165.01%1110.0530240.50%110.0532 Total 2,218 Miller Avenue, South San Francisco, CA Hwy 101 PM2.5 & TOG Modeling - Roadway Links, Traffic Volumes, and PM2.5 Emissions Year =2020 Group Link Description Direction No. Lanes Link Length (m) Link Width (ft) Link Width (m) Release Height ( m)ADT Average Speed (mph) NB-101 Northbound Hwy 101 N4 7856820.6 1.4 117,660 variable SB-101 Southbound Hwy 101 S4 7896820.6 1.4 117,660 variable 2020 Hourly Traffic Volumes Per Direction and PM2.5 Emissions - NB & SB Hwy 101 Hour % Per Hour VPH g/mile Hour % Per Hour VPH g/mile Hour % Per Hour VPH g/mile 1 1.10%12930.0236 9 7.09%83450.0221177.40%87100.0215 2 0.38%4470.0273104.31%50750.0228188.28%97450.0209 3 0.30%3510.0224114.61%54230.0215195.78%67950.0200 4 0.16%1900.0261125.87%69060.0216204.35%51200.0199 5 0.44%5180.0213136.18%72730.0211213.28%38550.0204 6 0.82%9650.0250146.05%71130.0212223.32%39040.0214 7 3.75%44180.0213157.08%83350.0208232.48%29220.0211 8 7.86%92490.0205167.22%84910.0203241.88%22150.0197 Total 117,660 134 Miller Avenue, South San Francisco, CA Hwy 101 Entrained PM2.5 Road Dust Modeling - Roadway Links, Traffic Volumes, and PM2.5 Emissions Year =2020 Group Link Description Direction No. Lanes Link Length (m) Link Width (ft) Link Width (m) Release Height ( m)ADT Average Speed (mph) NB-101 Northbound Hwy 101 N4 7856820.6 0.0 117,660 variable SB-101 Southbound Hwy 101 S4 7896820.6 0.0 117,660 variable 2020 Hourly Traffic Volumes Per Direction and Road Dust PM2.5 Emissions - NB & SB Hwy 101 Hour % Per Hour VPH g/mile Hour % Per Hour VPH g/mile Hour % Per Hour VPH g/mile 1 1.10%12930.0100 9 7.09%83450.0100177.40%87100.0100 2 0.38%4470.0100104.31%50750.0100188.28%97450.0100 3 0.30%3510.0100114.61%54230.0100195.78%67950.0100 4 0.16%1900.0100125.87%69060.0100204.35%51200.0100 5 0.44%5180.0100136.18%72730.0100213.28%38550.0100 6 0.82%9650.0100146.05%71130.0100223.32%39040.0100 7 3.75%44180.0100157.08%83350.0100232.48%29220.0100 8 7.86%92490.0100167.22%84910.0100241.88%22150.0100 Total 117,660 Miller Avenue, South San Francisco, CA Hwy 101 Traffic Data and PM2.5 & TOG Emission Factors - 60 mph Trucks & 65 mph Other Vehicles Analysis Year = 2020 Emission Factors 2014 Caltrans 2020 Number Diesel All Vehicles Gas Vehicles NumberNumber 2020DieselVehicleVehicles Total Exhaust Exhaust Running Vehicle VehiclesVehiclesPercent VehiclesSpeed DPM PM2.5 PM2.5 TOGTOG Type (veh/day)(veh/day)Diesel (veh/day)(mph)(g/VMT)(g/VMT)(g/VMT)(g/VMT)(g/VMT) LDA 150,252159,2670.41%656650.01280.01920.00150.02140.039 LDT 61,98065,6990.08%50650.02190.01950.00170.03670.084 MDT 5,9056,2596.39%400600.01990.02210.00320.04900.129 HDT 3,8634,09581.32%3,330600.07200.10880.06040.10960.159 Total 222,000235,320 -4,43762.5 ---- Mix Avg Emission Factor 0.057970.020920.002610.026720.05456 1.06 Vehicles/Direction 117,660 2,218 Avg Vehicles/Hour/Direction 4,903 92 Traffic Data Year = 2014 Caltrans Truck AADT & Vehicle ADT Total Truck by Axle TotalTruck 2 3 45 SR 101 S. San francisco, Grand Ave 222,0009,7685,9057563872,720 60.45%7.74%3.96%27.85% Percent of Total Vehicles 4.40%2.66%0.34%0.17%1.23% 1.00% Increase From 2014 Traffic Increase per Year (%) = 135 Miller Avenue, South San Francisco, CA Hwy 101 Traffic Data and PM2.5 & TOG Emission Factors - 30 mph Analysis Year = 2020 Emission Factors 2014 Caltrans 2020 Number Diesel All Vehicles Gas Vehicles NumberNumber 2020DieselVehicleVehicles Total Exhaust Exhaust Running Vehicle VehiclesVehiclesPercent VehiclesSpeed DPM PM2.5 PM2.5 TOGTOG Type (veh/day)(veh/day)Diesel (veh/day)(mph)(g/VMT)(g/VMT)(g/VMT)(g/VMT)(g/VMT) LDA 150,252159,2670.41%656300.01600.01960.00190.02730.039 LDT 61,98065,6990.08%50300.03220.02000.00230.04850.084 MDT 5,9056,2596.39%400300.03270.02210.00320.07830.129 HDT 3,8634,09581.32%3,330300.09780.13040.08200.55430.159 Total 222,000235,320 -4,43730 ---- Mix Avg Emission Factor 0.079090.021720.003410.036340.05456 Miller Avenue, South San Francisco, CA Hwy 101 Traffic Data and Entrained PM2.5 Road Dust Emission Factors E2.5 = [k(sL)^0.91 x (W)^1.02 x (1-P/4N) x 453.59 where: E2.5 = PM2.5 emission factor (g/VMT) k = particle size multiplier (g/VMT) [kPM2.5 = kPM10 x (0.0686/0.4572) = 1.0 x 0.15 = 0.15 g/VMT]a sL = roadway specific silt loading (g/m2) W = average weight of vehicles on road (Bay Area default = 2.4 tons)a P = number of days with at least 0.01 inch of precipitation in the annual averaging period N = number of days in the annual averaging period (default = 365) Notes: a CARB 2014, Miscellaneous Process Methodology 7.9, Entrained Road Travel, Paved Road Dust (Revised and updated, April 2014) PM2.5 Silt Average Emission LoadingWeight No. Days Factor Road Type (g/m2)(tons)County ppt > 0.01"(g/VMT) Freeway0.022.4 San Mateo 600.00999 SFBAAB a SFBAABa Road Type Silt Loading (g/m2)County >0.01 inch precipitation Collector0.032 Alameda 61 Freeway0.02 Contra Costa 60 Local 0.32 Marin 66 Major0.032 Napa 68 San Francisco 67 San Mateo 60 Santa Clara 64 Solano 54 Sonoma 69 136 Miller Avenue, South San Francisco, CA Highway 101 DPM Modeling - Roadway Links, Traffic Volumes, and DPM Emissions Year =2025 Road Link Description Direction No. Lanes Link Length (m) Link Width (ft) Link Width (m) Release Height ( m) Diesel ADT Average Speed (mph) NB-101 Northbound Hwy 101 N4 7856820.6 3.4 2,340 variable SB-101 Southbound Hwy 101 S4 7896820.6 3.4 2,340 variable 2025 Hourly Diesel Traffic Volumes Per Direction and DPM Emissions - NB & SB Hwy-101 Hour % Per Hour VPH g/mile Hour % Per Hour VPH g/mile Hour % Per Hour VPH g/mile 1 3.13%730.0507 9 6.88%1610.0679176.85%1600.0709 2 2.38%560.0455108.33%1950.0480184.26%1000.0562 3 1.48%350.0287116.48%1520.0452192.85%670.0309 4 0.79%180.0484127.72%1810.0472201.98%460.0246 5 0.72%170.0426137.32%1710.0471212.34%550.0514 6 2.00%470.0575146.86%1610.0464224.42%1030.0551 7 4.32%1010.0575156.54%1530.0470232.89%680.0513 8 3.99%930.0607164.84%1130.0433240.63%150.0462 Total 2,340 Miller Avenue, South San Francisco, CA Highway 101 PM2.5 & TOG Modeling - Roadway Links, Traffic Volumes, and PM2.5 Emissions Year =2025 Group Link Description Direction No. Lanes Link Length (m) Link Width (ft) Link Width (m) Release Height ( m)ADT Average Speed (mph) NB-101 Northbound Hwy 101 N4 7856820.6 1.4 123,210 variable SB-101 Southbound Hwy 101 S4 7896820.6 1.4 123,210 variable 2025 Hourly Traffic Volumes Per Direction and PM2.5 Emissions - NB & SB Hwy-101 Hour % Per Hour VPH g/mile Hour % Per Hour VPH g/mile Hour % Per Hour VPH g/mile 1 1.09%13480.0231 9 7.10%87430.0220177.40%91180.0214 2 0.38%4630.0261104.31%53150.0224188.27%101940.0208 3 0.30%3700.0227114.61%56840.0213195.78%71230.0200 4 0.16%1990.0250125.87%72290.0214204.35%53600.0199 5 0.44%5440.0210136.18%76200.0209213.28%40400.0204 6 0.82%10110.0243146.04%74450.0209223.32%40920.0212 7 3.75%46250.0211157.09%87380.0207232.49%30620.0209 8 7.86%96800.0205167.22%88900.0203241.88%23200.0198 Total 123,210 137 Miller Avenue, South San Francisco, CA Highway 101 Entrained PM2.5 Road Dust Modeling - Roadway Links, Traffic Volumes, and PM2.5 Emissions Year =2025 Group Link Description Direction No. Lanes Link Length (m) Link Width (ft) Link Width (m) Release Height ( m)ADT Average Speed (mph) NB-101 Northbound Hwy 101 N4 7856820.6 0.0 123,210 variable SB-101 Southbound Hwy 101 S4 7896820.6 0.0 123,210 variable 2025 Hourly Traffic Volumes Per Direction and Road Dust PM2.5 Emissions - NB & SB Hwy-101 Hour % Per Hour VPH g/mile Hour % Per Hour VPH g/mile Hour % Per Hour VPH g/mile 1 1.09%13480.0100 9 7.10%87430.0100177.40%91180.0100 2 0.38%4630.0100104.31%53150.0100188.27%101940.0100 3 0.30%3700.0100114.61%56840.0100195.78%71230.0100 4 0.16%1990.0100125.87%72290.0100204.35%53600.0100 5 0.44%5440.0100136.18%76200.0100213.28%40400.0100 6 0.82%10110.0100146.04%74450.0100223.32%40920.0100 7 3.75%46250.0100157.09%87380.0100232.49%30620.0100 8 7.86%96800.0100167.22%88900.0100241.88%23200.0100 Total 123,210 Miller Avenue, South San Francisco, CA Hwy 101 Traffic Data and PM2.5 & TOG Emission Factors - 60 mph Trucks & 65 mph Other Vehicles Analysis Year = 2025 Emission Factors 2014 Caltrans 2025 Number Diesel All Vehicles Gas Vehicles NumberNumber 2025DieselVehicleVehicles Total Exhaust Exhaust Running Vehicle VehiclesVehiclesPercent VehiclesSpeed DPM PM2.5 PM2.5 TOGTOG Type (veh/day)(veh/day)Diesel (veh/day)(mph)(g/VMT)(g/VMT)(g/VMT)(g/VMT)(g/VMT) LDA 150,517167,0740.40%676650.00840.01930.00160.01680.033 LDT 61,71568,5030.08%52650.01540.01940.00170.02700.072 MDT 5,9056,5546.37%418600.01560.02170.00270.03220.119 HDT 3,8634,28882.42%3,534600.05750.09720.04870.05560.141 Total 222,000246,420 -4,68062.5 ---- Mix Avg Emission Factor 0.046200.020760.002450.020220.04658 1.11 Vehicles/Direction 123,210 2,340 Avg Vehicles/Hour/Direction 5,134 97 Traffic Data Year = 2014 Caltrans Truck AADT & Vehicle ADT Total Truck by Axle TotalTruck 2 3 45 SR 101 S. San francisco, Grand Ave 222,0009,7685,9057563872,720 60.45%7.74%3.96%27.85% Percent of Total Vehicles 4.40%2.66%0.34%0.17%1.23% 1.00% Increase From 2014 Traffic Increase per Year (%) = 138 Miller Avenue, South San Francisco, CA Highway 101 Traffic Data and PM2.5 & TOG Emission Factors - 30 mph Analysis Year = 2025 Emission Factors 2014 Caltrans 2025 Number Diesel All Vehicles Gas Ve NumberNumber 2025DieselVehicleVehicles Total Exhaust Exhaust Vehicle VehiclesVehiclesPercent VehiclesSpeed DPM PM2.5 PM2.5 TOG Type (veh/day)(veh/day)Diesel (veh/day)(mph)(g/VMT)(g/VMT)(g/VMT)(g/VMT) LDA 150,517167,0740.40%676300.00740.01970.00200.0219 LDT 61,71568,5030.08%52300.01990.02000.00220.0358 MDT 5,9056,5546.37%418300.02570.02180.00280.0522 HDT 3,8634,28882.42%3,534300.08690.12190.07340.3180 Total 222,000246,420 -4,68030 --- Mix Avg Emission Factor 0.069180.021640.003320.02751 139 Miller Avenue, South San Francisco, CA Highway 101 DPM Modeling - Roadway Links, Traffic Volumes, and DPM Emissions Year =2030 Road Link Description Direction No. Lanes Link Length (m) Link Width (ft) Link Width (m) Release Height ( m) Diesel ADT Average Speed (mph) NB-101 Northbound Hwy 101 N4 7856820.6 3.4 2,467 variable SB-101 Southbound Hwy 101 S4 7896820.6 3.4 2,467 variable 2030 Hourly Diesel Traffic Volumes Per Direction and DPM Emissions - NB & SB Hwy-101 Hour % Per Hour VPH g/mile Hour % Per Hour VPH g/mile Hour % Per Hour VPH g/mile 1 3.21%790.0486 9 8.13%2010.0495178.40%2070.0524 2 2.57%630.0427107.11%1750.0532185.56%1370.0366 3 1.49%370.0258115.34%1320.0523191.58%390.0452 4 0.90%220.0484126.52%1610.0530200.75%180.0469 5 0.68%170.0409136.14%1520.0533212.46%610.0491 6 2.06%510.0562145.70%1410.0531224.36%1080.0538 7 4.27%1050.0562157.81%1930.0387232.91%720.0502 8 5.38%1330.0401166.19%1530.0341240.46%110.0409 Total 2,467 Miller Avenue, South San Francisco, CA Highway 101 PM2.5 & TOG Modeling - Roadway Links, Traffic Volumes, and PM2.5 Emissions Year =2030 Group Link Description Direction No. Lanes Link Length (m) Link Width (ft) Link Width (m) Release Height ( m)ADT Average Speed (mph) NB-101 Northbound Hwy 101 N4 7856820.6 1.4 128,760 variable SB-101 Southbound Hwy 101 S4 7896820.6 1.4 128,760 variable 2030 Hourly Traffic Volumes Per Direction and PM2.5 Emissions - NB & SB Hwy-101 Hour % Per Hour VPH g/mile Hour % Per Hour VPH g/mile Hour % Per Hour VPH g/mile 1 1.10%14110.0230 9 7.10%91400.0220177.40%95300.0214 2 0.38%4890.0263104.32%55570.0225188.27%106520.0208 3 0.30%3910.0225114.61%59390.0213195.78%74430.0200 4 0.17%2160.0259125.87%75590.0215204.35%56010.0200 5 0.44%5630.0210136.18%79540.0209213.28%42200.0204 6 0.82%10600.0242146.04%77830.0210223.32%42780.0213 7 3.75%48300.0212157.08%91180.0207232.48%31970.0210 8 7.85%101120.0205167.22%92970.0204241.88%24220.0197 Total 128,760 140 Miller Avenue, South San Francisco, CA Highway 101 Entrained PM2.5 Road Dust Modeling - Roadway Links, Traffic Volumes, and PM2.5 Emissions Year =2030 Group Link Description Direction No. Lanes Link Length (m) Link Width (ft) Link Width (m) Release Height ( m)ADT Average Speed (mph) NB-101 Northbound Hwy 101 N4 7856820.6 0.0 128,760 variable SB-101 Southbound Hwy 101 S4 7896820.6 0.0 128,760 variable 2030 Hourly Traffic Volumes Per Direction and Road Dust PM2.5 Emissions - NB & SB Hwy-101 Hour % Per Hour VPH g/mile Hour % Per Hour VPH g/mile Hour % Per Hour VPH g/mile 1 1.10%14110.0100 9 7.10%91400.0100177.40%95300.0100 2 0.38%4890.0100104.32%55570.0100188.27%106520.0100 3 0.30%3910.0100114.61%59390.0100195.78%74430.0100 4 0.17%2160.0100125.87%75590.0100204.35%56010.0100 5 0.44%5630.0100136.18%79540.0100213.28%42200.0100 6 0.82%10600.0100146.04%77830.0100223.32%42780.0100 7 3.75%48300.0100157.08%91180.0100232.48%31970.0100 8 7.85%101120.0100167.22%92970.0100241.88%24220.0100 Total 128,760 Miller Avenue, South San Francisco, CA Hwy 101 Traffic Data and PM2.5 & TOG Emission Factors - 60 mph Trucks & 65 mph Other Vehicles Analysis Year = 2030 Emission Factors 2014 Caltrans 2030 Number Diesel All Vehicles Gas Vehicles NumberNumber 2030DieselVehicleVehicles Total Exhaust Exhaust Running Vehicle VehiclesVehiclesPercent VehiclesSpeed DPM PM2.5 PM2.5 TOGTOG Type (veh/day)(veh/day)Diesel (veh/day)(mph)(g/VMT)(g/VMT)(g/VMT)(g/VMT)(g/VMT) LDA 150,979175,1350.40%705650.00690.01940.00170.01540.030 LDT 61,25371,0540.08%55650.00710.01940.00170.02210.064 MDT 5,9056,8506.43%441600.01300.02140.00240.02470.108 HDT 3,8634,48183.31%3,733600.05620.09660.04790.03210.133 Total 222,000257,520 -4,93362.5 ---- Mix Avg Emission Factor 0.044730.020830.002510.017540.04208 1.16 Vehicles/Direction 128,760 2,467 Avg Vehicles/Hour/Direction 5,365 103 Traffic Data Year = 2014 Caltrans Truck AADT & Vehicle ADT Total Truck by Axle TotalTruck 2 3 45 SR 101 S. San francisco, Grand Ave 222,0009,7685,9057563872,720 60.45%7.74%3.96%27.85% Percent of Total Vehicles 4.40%2.66%0.34%0.17%1.23% 1.00% Increase From 2014 Traffic Increase per Year (%) = 141 Miller Avenue, South San Francisco, CA Highway 101 Traffic Data and PM2.5 & TOG Emission Factors - 30 mph Analysis Year = 2030 Emission Factors 2014 Caltrans 2030 Number Diesel All Vehicles Gas Vehicles NumberNumber 2030DieselVehicleVehicles Total Exhaust Exhaust Running Vehicle VehiclesVehiclesPercent VehiclesSpeed DPM PM2.5 PM2.5 TOGTOG Type (veh/day)(veh/day)Diesel (veh/day)(mph)(g/VMT)(g/VMT)(g/VMT)(g/VMT)(g/VMT) LDA 150,979175,1350.40%705300.00440.01990.00210.01990.030 LDT 61,25371,0540.08%55300.00450.01990.00220.02890.064 MDT 5,9056,8506.43%441300.02140.02160.00270.03980.108 HDT 3,8634,48183.31%3,733300.07580.11310.06440.19080.133 Total 222,000257,520 -4,93330 ---- Mix Avg Emission Factor 0.059950.021580.003260.023430.04208 Miller Avenue, South San Francisco, CA Highway 101 Traffic Data and Entrained PM2.5 Road Dust Emission Factors E2.5 = [k(sL)^0.91 x (W)^1.02 x (1-P/4N) x 453.59 where: E2.5 = PM2.5 emission factor (g/VMT) k = particle size multiplier (g/VMT) [kPM2.5 = kPM10 x (0.0686/0.4572) = 1.0 x 0.15 = 0.15 g/VMT]a sL = roadway specific silt loading (g/m2) W = average weight of vehicles on road (Bay Area default = 2.4 tons)a P = number of days with at least 0.01 inch of precipitation in the annual averaging period N = number of days in the annual averaging period (default = 365) Notes: a CARB 2014, Miscellaneous Process Methodology 7.9, Entrained Road Travel, Paved Road Dust (Revised and updated, April 2014) PM2.5 Silt Average Emission LoadingWeight No. Days Factor Road Type (g/m2)(tons)County ppt > 0.01"(g/VMT) Freeway0.022.4 San Mateo 600.00999 SFBAABa SFBAAB a Road Type Silt Loading (g/m2)County >0.01 inch precipitation Collector0.032 Alameda 61 Freeway0.02 Contra Costa 60 Local 0.32 Marin 66 Major0.032 Napa 68 San Francisco 67 San Mateo 60 Santa Clara 64 Solano 54 Sonoma 69 142 Miller Avenue Parcel A, First Floor - Hwy 101 DPM, PM2.5 & TOG TACs CAL3QHCR Risk Modeling Parameters and Maximum Cancer Risk in Project Area Receptor Information Number of Receptors 7 Receptor Heights = 1.5 m (4.9 feet) Receptor distances =10 meter (33 feet) spacing Meteorological Conditions San Francisco Airport Hourly Data 1991 - 1995 Land Use Classification urban Wind speed =variable Wind direction =variable Cancer Risk Calculation Method Inhalation Dose = Cair x DBR x A x EF x ED x 10-6 / AT Where: Cair = concentration in air (μg/m3) DBR = daily breathing rate (L/kg body weight-day) A = Inhalation absorption factor EF = Exposure frequency (days/year) ED = Exposure duration (years) AT = Averaging time period over which exposure is averaged. 10-6 = Conversion factor Inhalation Dose Factors Value1 DBR A ExposureExposureExposureEFED AT Exposure Type (L/kg BW-day)(-)(hr/day)(days/week)(week/year)(days/yr)(Years)(days) Residential (70-Year)302 1 24 7 503507025,550 1 Default values recommended by OEHHA& Bay Area Air Quality Management District Cancer Risk (per million) = Inhalation Dose x CRAF x CPF x 106 = URF x Cair Where: CPF = Cancer potency factor (mg/kg-day)-1 CRAF = Cancer Risk Adjustment Factor [adjustment factors are dependent on emissions period and duration of exposure] URF =Unit risk factor (cancer risk per μg/m3) Unit Risk Factors (risk per million per µg/m 3 ) for DPM and Organic TACs from Vehicles CPF Exhaust Evaporative Exposure Type (mg/kg-day)-1 DPM TOG TACsTOG TACs Residential (70-Yr Exposure)1.10E+00318.5 1.8 0.107 MEI Cancer Risk Calculations - Receptor Height = 1.5 m Maximum Maximum Maximum Maximum Total Maximum Road Dust Maximum Vehicle Meteorological DPM Concentration (µg/m3) Exhaust TOG Concentration µg/m3) Evaporative TOG Concentration (µg/m3)PM2.5 Concentration (µg/m3)PM2.5 Concentration (µg/m3)PM2.5 Concentration (µg/m3) Data Year 202020252030202020252030202020252030202020252030202020252030202020252030 1991 0.00790.00690.00670.17820.14090.12730.34440.32200.29080.19520.20340.21290.06230.06520.06820.13300.13820.1447 1992 0.00930.00810.00790.21000.16610.15010.40590.37950.34280.23010.23980.25090.07340.07690.08030.15670.16290.1706 1993 0.00950.00820.00810.21170.16740.15120.40910.38240.34550.23180.24150.25270.07390.07740.08090.15800.16410.1719 1994 0.00930.00800.00790.21000.16620.15010.40600.37960.34290.23020.23980.25090.07340.07690.08040.15680.16290.1706 1995 0.00750.00650.00640.16780.13280.11990.32440.30330.27400.18390.19160.20050.05860.06140.06420.12530.13020.1363 Average 0.008700.007530.007390.19550.15470.13970.37800.35330.31920.21430.22320.23360.06830.07160.07480.14590.15170.1588 Unadjusted Cancer Riska 2.772.402.350.350.280.250.040.040.03 Age Sensitivity Weighting Factor 0.4390.2141.0360.4390.2141.0360.4390.2141.036 Contribution to Total Cancer Risk 1.220.512.440.160.06 0.3 0.02 0.00.0 70-yr Cumulative Riskb 4.17 0.48 0.06 Average PM2.5 = 0.22 Average PM2.5 = 0.07 Average PM2.5 = 0.15 4.71 per million Notes: Maximum DPM & PM2.5 concentrations occur at receptors closest to Hwy 101 in western portion site a Cancer risk (per million) calculated assuming constant 70-year exposure to concentration for year of analysis - without age sensitivity adjustments. b Cumulative cancer risk (per million) calculated assuming variable exposure over a 70-year period due to decreased concentrations over time and incorporating age adjustment factors. Total Risk From All TACs = 143 Miller Avenue Parcel A, Second Floor - Hwy 101 DPM, PM2.5 & TOG TACs CAL3QHCR Risk Modeling Parameters and Maximum Cancer Risk in Project Area Receptor Information Number of Receptors 7 Receptor Heights = 4.85 m (16 feet) Receptor distances =10 meter (33 feet) spacing Meteorological Conditions San Francisco Airport Hourly Data 1991 - 1995 Land Use Classification urban Wind speed =variable Wind direction =variable Cancer Risk Calculation Method Inhalation Dose = Cair x DBR x A x EF x ED x 10-6 / AT Where: Cair = concentration in air (μg/m3) DBR = daily breathing rate (L/kg body weight-day) A = Inhalation absorption factor EF = Exposure frequency (days/year) ED = Exposure duration (years) AT = Averaging time period over which exposure is averaged. 10-6 = Conversion factor Inhalation Dose Factors Value1 DBR A ExposureExposureExposureEFED AT Exposure Type (L/kg BW-day)(-)(hr/day)(days/week)(week/year)(days/yr)(Years)(days) Residential (70-Year)302 1 24 7 503507025,550 1 Default values recommended by OEHHA& Bay Area Air Quality Management District Cancer Risk (per million) = Inhalation Dose x CRAF x CPF x 106 = URF x Cair Where: CPF = Cancer potency factor (mg/kg-day)-1 CRAF = Cancer Risk Adjustment Factor [adjustment factors are dependent on emissions period and duration of exposure] URF =Unit risk factor (cancer risk per μg/m3) Unit Risk Factors (risk per million per µg/m 3 ) for DPM and Organic TACs from Vehicles CPF Exhaust Evaporative Exposure Type (mg/kg-day)-1 DPM TOG TACsTOG TACs Residential (70-Yr Exposure)1.10E+00318.5 1.8 0.107 MEI Cancer Risk Calculations - Receptor Height = 4.85 m Maximum Maximum Maximum Maximum Total Maximum Road Dust Maximum Vehicle Meteorological DPM Concentration (µg/m3) Exhaust TOG Concentration µg/m3) Evaporative TOG Concentration (µg/m3)PM2.5 Concentration (µg/m3)PM2.5 Concentration (µg/m3)PM2.5 Concentration (µg/m3) Data Year 202020252030202020252030202020252030202020252030202020252030202020252030 1991 0.00770.00670.00650.17320.13700.12380.33480.31300.28270.18980.19780.20690.06060.06340.06630.12930.13430.1407 1992 0.00910.00780.00770.20410.16150.14590.39460.36890.33320.22370.23310.24390.07140.07470.07810.15240.15830.1658 1993 0.00920.00800.00780.20550.16250.14680.39720.37130.33540.22510.23450.24540.07170.07510.07850.15340.15940.1669 1994 0.00900.00780.00770.20390.16130.14570.39410.36840.33280.22340.23280.24360.07130.07460.07800.15220.15810.1656 1995 0.00730.00630.00620.16300.12890.11650.31510.29460.26610.17860.18610.19570.05700.05960.06330.12170.12640.1324 Average 0.008450.007310.007180.19000.15030.13570.36720.34320.31010.20810.21680.22710.06640.06950.07280.14180.14730.1543 Unadjusted Cancer Riska 2.692.332.290.340.270.250.040.040.03 Age Sensitivity Weighting Factor 0.4390.2141.0360.4390.2141.0360.4390.2141.036 Contribution to Total Cancer Risk 1.180.502.370.150.06 0.3 0.02 0.00.0 70-yr Cumulative Riskb 4.05 0.46 0.06 Average PM2.5 = 0.22 Average PM2.5 = 0.07 Average PM2.5 = 0.15 4.57 per million Notes: Maximum DPM & PM2.5 concentrations occur at receptors closest to Hwy 101 in western portion site a Cancer risk (per million) calculated assuming constant 70-year exposure to concentration for year of analysis - without age sensitivity adjustments. b Cumulative cancer risk (per million) calculated assuming variable exposure over a 70-year period due to decreased concentrations over time and incorporating age adjustment factors. Total Risk From All TACs = 144 Miller Avenue Parcel A, Second Floor - Hwy 101 DPM, PM2.5 & TOG TACs CAL3QHCR Risk Modeling Parameters and Maximum Cancer Risk in Project Area Receptor Information Number of Receptors 7 Receptor Heights = 4.85 m (16 feet) Receptor distances =10 meter (33 feet) spacing Meteorological Conditions San Francisco Airport Hourly Data 1991 - 1995 Land Use Classification urban Wind speed =variable Wind direction =variable Cancer Risk Calculation Method Inhalation Dose = Cair x DBR x A x EF x ED x 10-6 / AT Where: Cair = concentration in air (μg/m3) DBR = daily breathing rate (L/kg body weight-day) A = Inhalation absorption factor EF = Exposure frequency (days/year) ED = Exposure duration (years) AT = Averaging time period over which exposure is averaged. 10-6 = Conversion factor Inhalation Dose Factors Value1 DBR A ExposureExposureExposureEFED AT Exposure Type (L/kg BW-day)(-)(hr/day)(days/week)(week/year)(days/yr)(Years)(days) Residential (70-Year)302 1 24 7 503507025,550 1 Default values recommended by OEHHA& Bay Area Air Quality Management District Cancer Risk (per million) = Inhalation Dose x CRAF x CPF x 106 = URF x Cair Where: CPF = Cancer potency factor (mg/kg-day)-1 CRAF = Cancer Risk Adjustment Factor [adjustment factors are dependent on emissions period and duration of exposure] URF =Unit risk factor (cancer risk per μg/m3) Unit Risk Factors (risk per million per µg/m 3 ) for DPM and Organic TACs from Vehicles CPF Exhaust Evaporative Exposure Type (mg/kg-day)-1 DPM TOG TACsTOG TACs Residential (70-Yr Exposure)1.10E+00318.5 1.8 0.107 MEI Cancer Risk Calculations - Receptor Height = 4.85 m Maximum Maximum Maximum Maximum Total Maximum Road Dust Maximum Vehicle Meteorological DPM Concentration (µg/m3) Exhaust TOG Concentration µg/m3) Evaporative TOG Concentration (µg/m3)PM2.5 Concentration (µg/m3)PM2.5 Concentration (µg/m3)PM2.5 Concentration (µg/m3) Data Year 202020252030202020252030202020252030202020252030202020252030202020252030 1991 0.00770.00670.00650.17320.13700.12380.33480.31300.28270.18980.19780.20690.06060.06340.06630.12930.13430.1407 1992 0.00910.00780.00770.20410.16150.14590.39460.36890.33320.22370.23310.24390.07140.07470.07810.15240.15830.1658 1993 0.00920.00800.00780.20550.16250.14680.39720.37130.33540.22510.23450.24540.07170.07510.07850.15340.15940.1669 1994 0.00900.00780.00770.20390.16130.14570.39410.36840.33280.22340.23280.24360.07130.07460.07800.15220.15810.1656 1995 0.00730.00630.00620.16300.12890.11650.31510.29460.26610.17860.18610.19570.05700.05960.06330.12170.12640.1324 Average 0.008450.007310.007180.19000.15030.13570.36720.34320.31010.20810.21680.22710.06640.06950.07280.14180.14730.1543 Unadjusted Cancer Riska 2.692.332.290.340.270.250.040.040.03 Age Sensitivity Weighting Factor 0.4390.2141.0360.4390.2141.0360.4390.2141.036 Contribution to Total Cancer Risk 1.180.502.370.150.06 0.3 0.02 0.00.0 70-yr Cumulative Riskb 4.05 0.46 0.06 Average PM2.5 = 0.22 Average PM2.5 = 0.07 Average PM2.5 = 0.15 4.57 per million Notes: Maximum DPM & PM2.5 concentrations occur at receptors closest to Hwy 101 in western portion site a Cancer risk (per million) calculated assuming constant 70-year exposure to concentration for year of analysis - without age sensitivity adjustments. b Cumulative cancer risk (per million) calculated assuming variable exposure over a 70-year period due to decreased concentrations over time and incorporating age adjustment factors. Total Risk From All TACs = 145 Miller Avenue Parcel A, 3rd Floor - Hwy 101 DPM, PM2.5 & TOG TACs CAL3QHCR Risk Modeling Parameters and Maximum Cancer Risk in Project Area Receptor Information Number of Receptors 45 Receptor Heights = 8.5 m (28 feet) Receptor distances =10 meter (33 feet) spacing Meteorological Conditions San Francisco Airport Hourly Data 1991 - 1995 Land Use Classification urban Wind speed =variable Wind direction =variable Cancer Risk Calculation Method Inhalation Dose = Cair x DBR x A x EF x ED x 10-6 / AT Where: Cair = concentration in air (μg/m3) DBR = daily breathing rate (L/kg body weight-day) A = Inhalation absorption factor EF = Exposure frequency (days/year) ED = Exposure duration (years) AT = Averaging time period over which exposure is averaged. 10-6 = Conversion factor Inhalation Dose Factors Value1 DBR A ExposureExposureExposureEFED AT Exposure Type (L/kg BW-day)(-)(hr/day)(days/week)(week/year)(days/yr)(Years)(days) Residential (70-Year)302 1 24 7 503507025,550 1 Default values recommended by OEHHA& Bay Area Air Quality Management District Cancer Risk (per million) = Inhalation Dose x CRAF x CPF x 106 = URF x Cair Where: CPF = Cancer potency factor (mg/kg-day)-1 CRAF = Cancer Risk Adjustment Factor [adjustment factors are dependent on emissions period and duration of exposure] URF =Unit risk factor (cancer risk per μg/m3) Unit Risk Factors (risk per million per µg/m 3 ) for DPM and Organic TACs from Vehicles CPF Exhaust Evaporative Exposure Type (mg/kg-day)-1 DPM TOG TACsTOG TACs Residential (70-Yr Exposure)1.10E+00318.5 1.8 0.107 MEI Cancer Risk Calculations - Receptor Height = 8.5 m Maximum Maximum Maximum Maximum Total Maximum Road Dust Maximum Vehicle Meteorological DPM Concentration (µg/m3) Exhaust TOG Concentration µg/m3) Evaporative TOG Concentration (µg/m3)PM2.5 Concentration (µg/m3)PM2.5 Concentration (µg/m3)PM2.5 Concentration (µg/m3) Data Year 202020252030202020252030202020252030202020252030202020252030202020252030 1991 0.01090.00940.00930.24480.19370.17500.47320.44240.39960.26830.27950.29250.08560.08960.09370.18270.18990.1988 1992 0.01270.01100.01080.28780.22770.20570.55630.52020.46990.31550.32870.34400.10070.10550.11020.21480.22330.2338 1993 0.01280.01100.01080.28480.22530.20350.55050.51460.46490.31200.32500.34010.09950.10410.10880.21260.22090.2313 1994 0.01230.01060.01040.27770.21970.19850.53680.50190.45340.30440.31710.33190.09710.10170.10630.20730.21540.2256 1995 0.01040.00900.00880.23290.18420.16640.45010.42070.38010.25510.26580.27810.08140.08520.08900.17380.18060.1891 Average 0.011800.010210.010030.26560.21010.18980.51340.48000.43360.29110.30320.31730.09280.09720.10160.19820.20600.2157 Unadjusted Cancer Riska 3.763.253.200.480.380.340.050.050.05 Age Sensitivity Weighting Factor 0.4390.2141.0360.4390.2141.0360.4390.2141.036 Contribution to Total Cancer Risk 1.650.703.310.210.08 0.4 0.02 0.00.0 70-yr Cumulative Riskb 5.66 0.65 0.08 Average PM2.5 = 0.30 Average PM2.5 = 0.10 Average PM2.5 = 0.21 6.39 per million Notes: Maximum DPM & PM2.5 concentrations occur at receptors closest to Hwy 101 in eastern portion site a Cancer risk (per million) calculated assuming constant 70-year exposure to concentration for year of analysis - without age sensitivity adjustments. b Cumulative cancer risk (per million) calculated assuming variable exposure over a 70-year period due to decreased concentrations over time and incorporating age adjustment factors. Total Risk From All TACs = 146 Miller Avenue Parcel D, Third Floor - Hwy 101 DPM, PM2.5 & TOG TACs CAL3QHCR Risk Modeling Parameters and Maximum Cancer Risk in Project Area Receptor Information Number of Receptors 25 Receptor Heights = 8.5 m (28 feet) Receptor distances =10 meter (33 feet) spacing Meteorological Conditions San Francisco Airport Hourly Data 1991 - 1995 Land Use Classification urban Wind speed =variable Wind direction =variable Cancer Risk Calculation Method Inhalation Dose = Cair x DBR x A x EF x ED x 10-6 / AT Where: Cair = concentration in air (μg/m3) DBR = daily breathing rate (L/kg body weight-day) A = Inhalation absorption factor EF = Exposure frequency (days/year) ED = Exposure duration (years) AT = Averaging time period over which exposure is averaged. 10-6 = Conversion factor Inhalation Dose Factors Value1 DBR A ExposureExposureExposureEFED AT Exposure Type (L/kg BW-day)(-)(hr/day)(days/week)(week/year)(days/yr)(Years)(days) Residential (70-Year)302 1 24 7 503507025,550 1 Default values recommended by OEHHA& Bay Area Air Quality Management District Cancer Risk (per million) = Inhalation Dose x CRAF x CPF x 106 = URF x Cair Where: CPF = Cancer potency factor (mg/kg-day)-1 CRAF = Cancer Risk Adjustment Factor [adjustment factors are dependent on emissions period and duration of exposure] URF =Unit risk factor (cancer risk per μg/m3) Unit Risk Factors (risk per million per µg/m 3 ) for DPM and Organic TACs from Vehicles CPF Exhaust Evaporative Exposure Type (mg/kg-day)-1 DPM TOG TACsTOG TACs Residential (70-Yr Exposure)1.10E+00318.5 1.8 0.107 MEI Cancer Risk Calculations - Receptor Height = 8.5 m Maximum Maximum Maximum Maximum Total Maximum Road Dust Maximum Vehicle Meteorological DPM Concentration (µg/m3) Exhaust TOG Concentration µg/m3) Evaporative TOG Concentration (µg/m3)PM2.5 Concentration (µg/m3)PM2.5 Concentration (µg/m3)PM2.5 Concentration (µg/m3) Data Year 202020252030202020252030202020252030202020252030202020252030202020252030 1991 0.00950.00820.00810.21270.16830.15200.41120.38440.34720.23310.24280.25410.07430.07780.08130.15880.16500.1727 1992 0.01100.00950.00930.24830.19640.17750.47990.44870.40530.27210.28350.29670.08680.09090.09500.18530.19260.2017 1993 0.01110.00960.00950.24720.19550.17670.47790.44670.40350.27080.28210.29520.08630.09030.09440.18450.19170.2007 1994 0.01090.00950.00930.24720.19560.17670.47790.44670.40360.27090.28220.29540.08640.09050.09460.18450.19170.2008 1995 0.00940.00810.00800.21050.16650.15040.40690.38030.34360.23060.24020.25140.07350.07700.08050.15710.16320.1710 Average 0.010380.008990.008830.23320.18450.16660.45080.42140.38060.25550.26620.27850.08150.08530.08920.17400.18080.1894 Unadjusted Cancer Riska 3.312.862.810.420.330.300.050.050.04 Age Sensitivity Weighting Factor 0.4390.2141.0360.4390.2141.0360.4390.2141.036 Contribution to Total Cancer Risk 1.450.612.910.190.07 0.3 0.02 0.00.0 70-yr Cumulative Riskb 4.98 0.57 0.07 Average PM2.5 = 0.27 Average PM2.5 = 0.09 Average PM2.5 = 0.18 5.62 per million Notes: Maximum DPM & PM2.5 concentrations occur at receptors closest to Hwy 101 in eastern portion site a Cancer risk (per million) calculated assuming constant 70-year exposure to concentration for year of analysis - without age sensitivity adjustments. b Cumulative cancer risk (per million) calculated assuming variable exposure over a 70-year period due to decreased concentrations over time and incorporating age adjustment factors. Total Risk From All TACs = 147 26 Attachment 5: Caltrain Modeling Summaries and Cancer Risk Calculations 148 Miller Avenue Parcels, South San Francisco DPM Modeling - Rail Line Information and DPM and PM2.5 Emission Rates Caltrain Electrification and Diesel-Powered Freight Trains Sensitivity Weighted DPM Emission Rates Year Description No. Lines Link Width (ft) Link Width (m) Link Length (ft) Link Length (miles) Link Length (m) Release Height (m) No. Trains per Day Train Travel Speed (mph) Average Daily Emission Rate (g/mi/day) Average Daily Emission Rate (g/day) Link Emission Rate (g/s) Link Emission Rate (lb/hr) 2020-2024 Passenger - Caltrain 1 12 3.7 2,9430.56897 5.0 142038.7 21.62.50E-041.98E-03 Passenger - Other 1 12 3.7 2,9430.56897 5.0 0 20 0.0 0.0 0.00E+000.00E+00 Freight Trains 1 12 3.7 2,9410.56897 5.0 4 2019.1 10.71.23E-049.79E-04 Total 57.9 32.23.73E-042.96E-03 2025+Passenger 1 10 3.0 2,9430.56897 5.0 2 204.40 2.5 2.84E-052.25E-04 Passenger - Other 1 10 3.0 2,9430.56897 5.0 0 20 0.0 0.0 0.00E+000.00E+00 Freight Trains 1 10 3.0 2,9410.56897 5.0 4 2017.14 9.5 1.11E-048.77E-04 Total 21.5 12.01.39E-041.10E-03 Notes:Emission based on Emission Factors for Locomotives, USEPA 2009 (EPA-420-F-09-025) Average emissions calculated for periods 2018-2019, 2020-2024, and 2025-2088 incorporating age sensitivity factors. Fuel correction factors from Offroad Modeling Change Technical memo, Changes to the Locomotive Inventory, CARB July 2006. DPM & PM2.5 calculated as 92% of PM emissions (CARB CEIDERS PM2.5 fractions) 25% of Caltrain trains assumed to be diesel in 2020. This represents about 7 trains of the current rolling stock of 29 trains. These will be operated only during weekday peak periods. After 2025 it is assumed that on an annual average basis there would be 2 diesel train trips per day between San Francisco and San Jose. Passenger trains assumed to operate for Freight trains assumed to operate for Caltrain - with electrification Arrive/Depart Station Diesel Electric Total Arrive/Depart Station Diesel Passenger trains - weekday = 197392 Passenger trains - weekday = 0 Passenger trains - weekend = 0 3232 Passenger trains - weekend = 0 Passenger trains - Sat only = 044 Passenger trains - Sat only = 0 Total Trains =19109128 Total Trains =0 Annual average daily trains =146275 Annual average daily trains =0 Locomotive horsepower = 3285 (before 2020) Locomotive horsepower = 3600 (2020 and later)Locomotive horsepower = 3200 Locomotives per train =1 Locomotives per train =1 Locomotive engine load = 0.6 Locomotive engine load = 0.6 Freight Freight trains per day = 47 days/week Locomotive horsepower = 2300 (note: average hp for UPRR locomotive in CA in 2009 was 2,200 hp) Locomotives per train =2 Total horsepower =4600 Locomotive engine load = 0.6 Locomotive Emission Factors (g/hp-hr) - Sensitivity Weighted Train Type 2020-2024 2025 - 2089 Passenger 0.041 0.031 Freight 0.045 0.040 PM2.5 to PM ratio =0.92 CARB Fuel Adj Factor 20102011+ Passenger 0.7170.709 Freight 0.8510.840 24 hours per day 24 hours per day Other Passenger Trains 149 Diesel Locomotive Emission Factors and Age Sensitivity Weighted Emission Factor Calculations Sensitivity Weighted Locomotive Emission Factors Large Passenger/ Line Haul Commuter SensitivitySensitivity WeightedWeighted EPA Locomotive Emission Factorsa ASF EmissionEmission Operation Large Line Haul Passenger/Commuter Exposure Age Sensitivity Factors (ASF)Adjustment Rate Rate Year (g/gal)(g/hp-hr)b (g/gal)(g/hp-hr)b Year 10 31 Factor (g/hp-hr)(g/hp-hr) 2020 2.3 0.11 2.1 0.10 1 1.0 0.1430.01580.0144 2021 2.2 0.11 2 0.10 2 1.0 0.1430.01510.0137 2022 2 0.10 1.8 0.09 3 0.250.75 0.0680.00650.0059 2023 1.9 0.09 1.7 0.08 4 1.0 0.0430.00390.0035 2024 1.7 0.08 1.5 0.07 5 1.0 0.0430.00350.0031 2025 1.6 0.08 1.4 0.07 6 1.0 0.0430.00330.0029 2026 1.5 0.07 1.2 0.06 7 1.0 0.0430.00310.0025 2027 1.4 0.07 1.1 0.05 8 1.0 0.0430.00290.0023 2028 1.3 0.06 1 0.05 9 1.0 0.0430.00270.0021 2029 1.1 0.05 0.9 0.04 10 1.0 0.0430.00230.0019 2030 1 0.05 0.8 0.04 11 1.0 0.0430.00210.0016 2031 1 0.05 0.7 0.03 12 1.0 0.0430.00210.0014 2032 0.9 0.04 0.7 0.03 13 1.0 0.0430.00190.0014 2033 0.8 0.04 0.6 0.03 14 1.0 0.0430.00160.0012 2034 0.7 0.03 0.6 0.03 15 1.0 0.0430.00140.0012 2035 0.7 0.03 0.5 0.02 16 1.0 0.0430.00140.0010 2036 0.6 0.03 0.5 0.02 17 0.250.750.0210.00060.0005 2037 0.6 0.03 0.4 0.02 18 1.00.0140.00040.0003 2038 0.5 0.02 0.4 0.02 19 1.00.0140.00030.0003 2039 0.5 0.02 0.4 0.02 20 1.00.0140.00030.0003 2040 0.4 0.02 0.3 0.01 21 1.00.0140.00030.0002 2041 0.4 0.02 0.3 0.01 22 1.00.0140.00030.0002 2042 0.4 0.02 0.3 0.01 23 1.00.0140.00030.0002 2043 0.4 0.02 0.3 0.01 24 1.00.0140.00030.0002 2044 0.4 0.02 0.3 0.01 25 1.00.0140.00030.0002 2045 0.4 0.02 0.3 0.01 26 1.00.0140.00030.0002 2046 0.4 0.02 0.3 0.01 27 1.00.0140.00030.0002 2047 0.4 0.02 0.3 0.01 28 1.00.0140.00030.0002 2048 0.4 0.02 0.3 0.01 29 1.00.0140.00030.0002 2049 0.4 0.02 0.3 0.01 30 1.00.0140.00030.0002 2050 0.4 0.02 0.3 0.01 31 1.00.0140.00030.0002 2051 0.4 0.02 0.3 0.01 32 1.00.0140.00030.0002 2052 0.4 0.02 0.3 0.01 33 1.00.0140.00030.0002 2053 0.4 0.02 0.3 0.01 34 1.00.0140.00030.0002 2054 0.4 0.02 0.3 0.01 35 1.00.0140.00030.0002 2055 0.4 0.02 0.3 0.01 36 1.00.0140.00030.0002 2056 0.4 0.02 0.3 0.01 37 1.00.0140.00030.0002 2057 0.4 0.02 0.3 0.01 38 1.00.0140.00030.0002 2058 0.4 0.02 0.3 0.01 39 1.00.0140.00030.0002 2059 0.4 0.02 0.3 0.01 40 1.00.014 0.00030.0002 2060 0.4 0.02 0.3 0.01 41 1.00.0140.00030.0002 2061 0.4 0.02 0.3 0.01 42 1.00.0140.00030.0002 2062 0.4 0.02 0.3 0.01 43 1.00.0140.00030.0002 2063 0.4 0.02 0.3 0.01 44 1.00.0140.00030.0002 2064 0.4 0.02 0.3 0.01 45 1.00.0140.00030.0002 2065 0.4 0.02 0.3 0.01 46 1.00.0140.00030.0002 2066 0.4 0.02 0.3 0.01 47 1.00.0140.00030.0002 2067 0.4 0.02 0.3 0.01 48 1.00.0140.00030.0002 2068 0.4 0.02 0.3 0.01 49 1.00.0140.00030.0002 2069 0.4 0.02 0.3 0.01 50 1.00.0140.00030.0002 2070 0.4 0.02 0.3 0.01 51 1.00.0140.00030.0002 2071 0.4 0.02 0.3 0.01 52 1.00.0140.00030.0002 2072 0.4 0.02 0.3 0.01 53 1.00.0140.00030.0002 2073 0.4 0.02 0.3 0.01 54 1.00.0140.00030.0002 2074 0.4 0.02 0.3 0.01 55 1.00.0140.00030.0002 2075 0.4 0.02 0.3 0.01 56 1.00.0140.00030.0002 2076 0.4 0.02 0.3 0.01 57 1.00.0140.00030.0002 2077 0.4 0.02 0.3 0.01 58 1.00.0140.00030.0002 2078 0.4 0.02 0.3 0.01 59 1.00.0140.00030.0002 2079 0.4 0.02 0.3 0.01 60 1.00.0140.00030.0002 2080 0.4 0.02 0.3 0.01 61 1.00.0140.00030.0002 2081 0.4 0.02 0.3 0.01 62 1.00.0140.00030.0002 2082 0.4 0.02 0.3 0.01 63 1.00.0140.00030.0002 2083 0.4 0.02 0.3 0.01 64 1.00.0140.00030.0002 2084 0.4 0.02 0.3 0.01 65 1.00.0140.00030.0002 2085 0.4 0.02 0.3 0.01 66 1.00.0140.00030.0002 2086 0.4 0.02 0.3 0.01 67 1.00.0140.00030.0002 2087 0.4 0.02 0.3 0.01 68 1.00.0140.00030.0002 2088 0.4 0.02 0.3 0.01 69 1.00.0140.00030.0002 2089 0.4 0.02 0.3 0.01 70 1.00.0140.00030.0002 a Emission based on Emission Factors for Locomotives, USEPA 2009 (EPA-420-F-09-025) 70-Year Total 0.085 0.072 b grams per horsepower-hour calculated using fuel use of 20.8 hp-hr/gal (EPA, 2009) 150 Miller Avenue Parcels, South San Francisco PM2.5 Modeling - Rail Line Information and PM2.5 Emission Rates PM Emission Rates Year Description No. Lines Link Width (ft) Link Width (m) Link Length (ft) Link Length (miles) Link Length (m) Release Height (m) No. Trains per Day Train Travel Speed (mph) Average Daily Emission Rate (g/mi/day) Average Daily Emission Rate (g/day) Link Emission Rate (g/s) Link Emission Rate (lb/hr) 2020-2024 Passenger - Caltrain 1 10 3.0 2,3790.45725 5.0 142096.3 43.45.02E-043.98E-03 Passenger - Other 1 10 3.0 2,3790.45725 5.0 0 50 0.0 0.0 0.00E+000.00E+00 Freight Trains 1 10 3.0 2,3790.45725 5.0 4 2047.2 21.22.46E-041.95E-03 Total 143.464.67.48E-045.94E-03 2025+Passenger 1 10 3.0 2,3790.45725 5.0 2 209.48 4.3 4.94E-053.92E-04 Passenger - Other 1 10 3.0 2,3790.45725 5.0 0 50 0.0 0.0 0.00E+000.00E+00 Freight Trains 1 10 3.0 2,3790.45725 5.0 4 2032.8114.81.71E-041.36E-03 Total 42.3 19.12.21E-041.75E-03 Notes:Emission based on Emission Factors for Locomotives, USEPA 2009 (EPA-420-F-09-025) Average emissions calculated for periods 2018-2019, 2020-2024, and 2025-2088 incorporating age sensitivity factors. Fuel correction factors from Offroad Modeling Change Technical memo, Changes to the Locomotive Inventory, CARB July 2006. DPM & PM2.5 calculated as 92% of PM emissions (CARB CEIDERS PM2.5 fractions) 25% of Caltrain trains assumed to be diesel in 2020. This represents about 7 trains of the current rolling stock of 29 trains. These will be operated only during weekday peak periods. After 2025 it is assumed that on an annual average basis there would be 2 diesel train trips per day between San Francisco and San Jose. Passenger trains assumed to operate for Freight trains assumed to operate for Caltrain - with electrification Arrive/Depart Station Diesel Electric Total Arrive/Depart Station Diesel Passenger trains - weekday = 197392 Passenger trains - weekday = 0 Passenger trains - weekend = 0 3232 Passenger trains - weekend = 0 Passenger trains - Sat only = 044 Passenger trains - Sat only = 0 Total Trains =19109128 Total Trains =0 Annual average daily trains =146275 Annual average daily trains =0 Locomotive horsepower = 3285 (before 2020) Locomotive horsepower = 3600 (2020 and later)Locomotive horsepower = 3200 Locomotives per train =1 Locomotives per train =1 Locomotive engine load = 0.6 Locomotive engine load = 0.6 Freight Freight trains per day = 47 days/week Locomotive horsepower = 2300 (note: average hp for UPRR locomotive in CA in 2009 was 2,200 hp) Locomotives per train =2 Total horsepower =4600 Locomotive engine load = 0.6 Locomotive PM Emission Factors (g/hp-hr) Train Type 20202025 Passenger 0.1010.067 Freight 0.1110.077 PM2.5 to PM ratio =0.92 CARB Fuel Adj Factor 20102011+ Passenger 0.7170.709 Freight 0.8510.840 24 hours per day 24 hours per day Other Passenger Trains 151 Miller Avenue Parcel A, South San Francisco - Ground Floor Residential Receptors (1.5 meter receptor height) AERMOD Railroad DPM Risk & PM2.5 Modeling Parameters and Maximum Cancer Risk at Project Site Caltrain Electrification and Diesel-Powered Freight Trains Receptor Information Number of Receptors 7 Receptor Spacing =10 meter spacing Receptor Height = 1.5 meters (ground floor residential) Meteorological Conditions San Francisco Airport Hourly 2009-2013 Land Use Classification urban Wind speed =variable Wind direction =variable Cancer Risk Calculation Method Inhalation Dose = Cair x DBR x A x EF x ED x 10-6 / AT Where: Cair = concentration in air (μg/m3) DBR = daily breathing rate (L/kg body weight-day) A = Inhalation absorption factor EF = Exposure frequency (days/year) ED = Exposure duration (years) AT = Averaging time period over which exposure is averaged. 10-6 = Conversion factor Inhalation Dose Factors Value1 DBR A ExposureExposureExposureEFED AT Exposure Type (L/kg BW-day)(-)(hr/day)(days/week)(week/year)(days/yr)(Years)(days) Residential (70-Year)302 1 24 7 50 3507025,550 1 Default values recommended by OEHHA& Bay Area Air Quality Management District Cancer Risk (per million) = Inhalation Dose x CRAF x SWF x 106 = URF x Cair Where: CPF = Cancer potency factor (mg/kg-day)-1 SWFi = Sensitivity weighting factor dependent on emissions period i and duration of exposure (note: sensitivity weighting factors were appied to the emissions for each period) URF =Unit risk factor (cancer risk per μg/m3) Unit Risk Factors (unadjusted for age sensitivity) for DPM CPFURF Exposure Type (mg/kg-day)-1 DPM Residential (70-Yr Exposure)1.10E+00318.5 MEI Cancer Risk Calculations Maximum Annual Maximum Annual Meteorological DPM Concentration (µg/m3) PM2.5 Concentration (µg/m3) Data Year 2020-20242025-2089 2020-20242025-2087 2009-2013 0.00180.0006 0.0040.001 Contribution to Total Cancer Risk 0.560.20 70-yr Cumulative Risk a 0.76 Max PM2.5 = 0.004 Notes: Receptor Heights = 1.5 m Maximum DPM & PM2.5 concentrations occur at residential units along Cypress Ave a Cumulative cancer risk (per million) calculated assuming variable exposure over a 70-year period due to decreased emissions over time. 152 Miller Avenue Parcel A, South San Francisco - 2nd Floor Residential Receptors (4.85 meter receptor height) AERMOD Railroad DPM Risk & PM2.5 Modeling Parameters and Maximum Cancer Risk at Project Site Caltrain Electrification and Diesel-Powered Freight Trains Receptor Information Number of Receptors 7 Receptor Spacing =10 meter spacing Receptor Height = 4.85 meters (ground floor residential) Meteorological Conditions San Francisco Airport Hourly 2009-2013 Land Use Classification urban Wind speed =variable Wind direction =variable Cancer Risk Calculation Method Inhalation Dose = Cair x DBR x A x EF x ED x 10-6 / AT Where: Cair = concentration in air (μg/m3) DBR = daily breathing rate (L/kg body weight-day) A = Inhalation absorption factor EF = Exposure frequency (days/year) ED = Exposure duration (years) AT = Averaging time period over which exposure is averaged. 10-6 = Conversion factor Inhalation Dose Factors Value1 DBR A ExposureExposureExposureEFED AT Exposure Type (L/kg BW-day)(-)(hr/day)(days/week)(week/year)(days/yr)(Years)(days) Residential (70-Year)302 1 24 7 50 3507025,550 1 Default values recommended by OEHHA& Bay Area Air Quality Management District Cancer Risk (per million) = Inhalation Dose x CRAF x SWF x 106 = URF x Cair Where: CPF = Cancer potency factor (mg/kg-day)-1 SWFi = Sensitivity weighting factor dependent on emissions period i and duration of exposure (note: sensitivity weighting factors were appied to the emissions for each period) URF =Unit risk factor (cancer risk per μg/m3) Unit Risk Factors (unadjusted for age sensitivity) for DPM CPFURF Exposure Type (mg/kg-day)-1 DPM Residential (70-Yr Exposure)1.10E+00318.5 MEI Cancer Risk Calculations Maximum Annual Maximum Annual Meteorological DPM Concentration (µg/m3) PM2.5 Concentration (µg/m3) Data Year 2020-20242025-2089 2020-20242025-2087 1968-1972 0.00170.0006 0.0030.001 Contribution to Total Cancer Risk 0.55 0.2 70-yr Cumulative Risk a 0.75 Max PM2.5 = 0.003 Notes: Receptor Heights = 4.85 m Maximum DPM & PM2.5 concentrations occur at residential units along Cypress Ave a Cumulative cancer risk (per million) calculated assuming variable exposure over a 70-year period due to decreased emissions over time. 153 Miller Avenue Parcel A, South San Francisco - 3rd Floor Residential Receptors (8.5 meter receptor height) AERMOD Railroad DPM Risk & PM2.5 Modeling Parameters and Maximum Cancer Risk at Project Site Caltrain Electrification and Diesel-Powered Freight Trains Receptor Information Number of Receptors 45 Receptor Spacing =10 meter spacing Receptor Height = 8.5 meters (ground floor residential) Meteorological Conditions San Francisco Airport Hourly 2009-2013 Land Use Classification urban Wind speed =variable Wind direction =variable Cancer Risk Calculation Method Inhalation Dose = Cair x DBR x A x EF x ED x 10-6 / AT Where: Cair = concentration in air (μg/m3) DBR = daily breathing rate (L/kg body weight-day) A = Inhalation absorption factor EF = Exposure frequency (days/year) ED = Exposure duration (years) AT = Averaging time period over which exposure is averaged. 10-6 = Conversion factor Inhalation Dose Factors Value1 DBR A ExposureExposureExposureEFED AT Exposure Type (L/kg BW-day)(-)(hr/day)(days/week)(week/year)(days/yr)(Years)(days) Residential (70-Year)302 1 24 7 50 3507025,550 1 Default values recommended by OEHHA& Bay Area Air Quality Management District Cancer Risk (per million) = Inhalation Dose x CRAF x SWF x 106 = URF x Cair Where: CPF = Cancer potency factor (mg/kg-day)-1 SWFi = Sensitivity weighting factor dependent on emissions period i and duration of exposure (note: sensitivity weighting factors were appied to the emissions for each period) URF =Unit risk factor (cancer risk per μg/m3) Unit Risk Factors (unadjusted for age sensitivity) for DPM CPFURF Exposure Type (mg/kg-day)-1 DPM Residential (70-Yr Exposure)1.10E+00318.5 MEI Cancer Risk Calculations Maximum Annual Maximum Annual Meteorological DPM Concentration (µg/m3) PM2.5 Concentration (µg/m3) Data Year 2020-20242025-2089 2020-20242025-2087 1968-1972 0.00140.0005 0.0030.001 Contribution to Total Cancer Risk 0.44 0.2 70-yr Cumulative Risk a 0.60 Max PM2.5 = 0.003 Notes: Receptor Heights = 8.5 m Maximum DPM & PM2.5 concentrations occur at residential units along Airport Blvd closest to rail line a Cumulative cancer risk (per million) calculated assuming variable exposure over a 70-year period due to decreased emissions over time. 154 Miller Avenue Parcel D, South San Francisco - 2nd Floor Residential Receptors (4.85 meter receptor height) AERMOD Railroad DPM Risk & PM2.5 Modeling Parameters and Maximum Cancer Risk at Project Site Caltrain Electrification and Diesel-Powered Freight Trains Receptor Information Number of Receptors 25 Receptor Spacing =10 meter spacing Receptor Height = 4.85 meters (ground floor residential) Meteorological Conditions San Francisco Airport Hourly 2009-2013 Land Use Classification urban Wind speed =variable Wind direction =variable Cancer Risk Calculation Method Inhalation Dose = Cair x DBR x A x EF x ED x 10-6 / AT Where: Cair = concentration in air (μg/m3) DBR = daily breathing rate (L/kg body weight-day) A = Inhalation absorption factor EF = Exposure frequency (days/year) ED = Exposure duration (years) AT = Averaging time period over which exposure is averaged. 10-6 = Conversion factor Inhalation Dose Factors Value1 DBR A ExposureExposureExposureEFED AT Exposure Type (L/kg BW-day)(-)(hr/day)(days/week)(week/year)(days/yr)(Years)(days) Residential (70-Year)302 1 24 7 50 3507025,550 1 Default values recommended by OEHHA& Bay Area Air Quality Management District Cancer Risk (per million) = Inhalation Dose x CRAF x SWF x 106 = URF x Cair Where: CPF = Cancer potency factor (mg/kg-day)-1 SWFi = Sensitivity weighting factor dependent on emissions period i and duration of exposure (note: sensitivity weighting factors were appied to the emissions for each period) URF =Unit risk factor (cancer risk per μg/m3) Unit Risk Factors (unadjusted for age sensitivity) for DPM CPFURF Exposure Type (mg/kg-day)-1 DPM Residential (70-Yr Exposure)1.10E+00318.5 MEI Cancer Risk Calculations Maximum Annual Maximum Annual Meteorological DPM Concentration (µg/m3) PM2.5 Concentration (µg/m3) Data Year 2020-20242025-2089 2020-20242025-2089 1968-1972 0.00150.0005 0.0030.001 Contribution to Total Cancer Risk 0.47 0.2 70-yr Cumulative Risk a 0.64 Max PM2.5 = 0.003 Notes: Receptor Heights = 4.85 m Maximum DPM & PM2.5 concentrations occur at residential site alongAirport Blvd closest to rail line a Cumulative cancer risk (per million) calculated assuming variable exposure over a 70-year period due to decreased emissions over time. 155 Archaeological Resource Management Robert R. Cartier, Ph.D. 496 North 5th Street San Jose, CA 95112 Telephone (408) 295-1373 Fax (408) 286-2040 email: armcartier@netscape.net Attn: Mr. Ken Busch November 20, 2015 Sares-Regis Group of Northern California 901 Mariners Island Blvd, #700 San Mateo, CA 94404 RE: HISTORIC EVALUATION OF THE SOUTH SAN FRANCISCO FORD BUILDINGS AND ASSOCIATED MURAL ON AIRPORT BOULEVARD Dear Mr. Busch: As per your request our firm is submitting the enclosed historical evaluation of the South City Ford Buildings and associated mural on Airport Boulevard. Based upon the requirements of the City of South San Francisco, a methodology was designed which included the following services: - interior and exterior photography of the structures at 315 and 415 Airport Boulevard - evaluation of the mural ‘Transporting Oneself” - historic background research to determine past ownership and associations - completion of State Historic Resources Evaluation forms (DPR) 523 for the structures - a cover letter describing the findings and making recommendations - expedited time line for completion Based upon the results of this investigation, it was determined that the South San Francisco Ford Buildings are not listed on the City of South San Francisco Historic Resources Inventory, the California Register of Historic Resources (CRHR), or the National Register of Historic Places (NRHP). In addition, the structures do not appear to be eligible for inclusion in any of these registers. However, as the dealership was operated by the Lautze family for over 50 years in South San Francisco, it is recommended that a plaque be erected at or in front of the site of the original 1925 structure, describing the history of Fred J. Lautze and the dealership. Sincerely, Robert Cartier, Ph.D. RC/dj Principal Investigator 156 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ PRIMARY RECORD Trinomial ______________________________ NRHP Status Code ______________________ Other Listings ________________________________________ Review Code ________ Reviewer __________ Date ________ Page _1_ of 30 Resource Name or # ____South San Francisco Ford P1. Other Identifier: ___Lautze Ford___________________ P2. Location: ____ Not for Publication __x Unrestricted *a. County _San Mateo___ and (P2b and P2c or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad: San Francisco S. Date: 2015 T ; R ; 1/4 of 1/4 of Sec ; BM c. Address: 415 Airport Blvd. City: South San Francisco Zip:94080 d. UTM: 10N 5 52 253mE/41 67 797mN e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) Located between Airport Boulevard and Cypress Avenue, on the north and south sides of Miller Avenue. *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The original structure at 315 Airport Boulevard was constructed in 1925. This structure is rectangular in shape, with a flat roof. The front facade, along Cypress Avenue, is built in the Spanish Colonial Revival style, with an ornamental parapet and a centrally placed diamond shaped window. The large central garage bay is flanked by sets of three large multi-paned windows. Continued on Page 5 *P3b. Resource Attributes: HP06: Commercial Building *P4. Resources Present: x_Building __Structure __Object __District __Element of District __Site __Other P5a. Photo or drawing (Photo required for buildings, structures, objects.) P5b. Description of Photo: (View, date, accession #) Oblique view of the Ford Commercial Truck Center at 415 Airport *P6. Date Constructed/Age and Sources Historic x Prehistoric Both 315 Airport Blvd constructed 1925 415 Airport Blvd constructed circa 1960 *P7. Owner and Address: City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 *P8. Recorded by: Robert Cartier Archaeological Resource Management 496 North 5th Street San Jose, CA 95112 *P9. Date Recorded: 11/20/2015 *P10. Survey Type: Intensive *P11. Report Citation: (Cite Survey Report and other sources, or enter "none.") None * Attachments: __None x_Location Map __Sketch Map x_Continuation Sheet x_Building, Structure, and Object Record __Archaeological Record __District Record __Linear Feature Record __Milling Station Record __Rock Art Record __Artifact Record __Photographic Record __Other (List): 157 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page _2_ of 30 *NRHP Status Code _________________________ *Resource Name or # (Assigned by recorder) ___315 Airport Blvd._____ B1. Historic Name: ____Lautze Ford Dealership__________________________ B2. Common Name: ____Lautze Ford_________________________________________________ B3. Original Use: ___Automotive sales/repair___ B4. Present Use: _____vacant/storage______ *B5. Architectural Style: ___Spanish Colonial Revival/Modern ____________ *B6. Construction History: The original portion of the Ford dealership was constructed in 1925. The front façade of the original portion was heavily modified, circa the 1950’s. Also in the 1954 and 1958, the large garage storage and showroom areas were added. *B7. Moved? _x No ___ Yes ___ Unknown Date: _______ Original Location: __________________ *B8. Related Features: None. B9a. Architect: ________unknown______________ b. Builder: ______Richard Stickle_(original 1925 portion)__ *B10. Significance: Theme __Transportation________ Area ____South San Francisco___ Period of Significance __Post War_ Property Type ___Commercial _ Applicable Criteria ____N/A____ The Ford Dealership on Airport Boulevard was originally operated by Fred J. Lautze. Fred Lautze was born in San Francisco California on April 10, 1889. He was originally trained as a plumber, and worked for M. Levy & Co. of San Francisco. Subsequently, he was employed by Pacific Hardware & Steel Company. His start in the automobile industry came in 1914; he was employed in the assembly department of the Ford Motor Company in San Francisco, later switching to automotive sales. He was soon offered a partnership in a Ford dealership in Fresno, however after a brief time there, he and his family moved to South San Francisco in 1920. That same year he opened a Ford Dealership (known originally as the Depot Garage) at 410 San Bruno Road. After learning of a proposed road widening, Fred purchased the lot across the street, now known as 315 Airport Boulevard. See Continuation Sheet, Page 5 B11. Additional Resource Attributes: (List attributes and codes) _____N/A_______________________________ *B12. References: See Continuation Sheet, Page 9 B13. Remarks: *B14. Evaluator: ______Robert R. Cartier________ *Date of Evaluation: ______11/20/2015___________ (This space reserved for official comments.) 158 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page _3_ of 30 *NRHP Status Code _________________________ *Resource Name or # (Assigned by recorder) ___415 Airport Blvd._____ B1. Historic Name: ____Lautze Ford Commercial Truck Center___________________________ B2. Common Name: ____Lautze Ford_________________________________________________ B3. Original Use: ___Automotive sales/repair___ B4. Present Use: _____vacant/storage______ *B5. Architectural Style: ___modern vernacular____________ *B6. Construction History: Based upon visual evaluation and available documentation, the Commercial Truck Center was constructed circa 1960. Although the structure appears to have been re-roofed, no significant modifications appear to have been made to the structure since that time. *B7. Moved? _x No ___ Yes ___ Unknown Date: _______ Original Location: __________________ *B8. Related Features: Also present on the property is a small automotive repair garage. This structure is built on a slab foundation and features a flat roof with broadly cantilevered eaves. The exterior walls include areas of narrow brick façade, and painted plywood. A curvilinear brick later wraps around the southwest side of the structure. The majority of the exterior walls are opened by large plate glass ribbon windows. The rear side of the structure includes two large roll-up bay doors. B9a. Architect: ______unknown__________ b. Builder: _______unknown__________ *B10. Significance: Theme __Transportation________ Area ____South San Francisco___ Period of Significance __Post War_ Property Type ___Commercial _ Applicable Criteria ____N/A____ The Ford Dealership on Airport Boulevard was originally operated by Fred J. Lautze. Fred Lautze was born in San Francisco California on April 10, 1889. He was originally trained as a plumber, and worked for M. Levy & Co. of San Francisco. Subsequently, he was employed by Pacific Hardware & Steel Company. His start in the automobile industry came in 1914; he was employed in the assembly department of the Ford Motor Company in San Francisco, later switching to automotive sales. He was soon offered a partnership in a Ford dealership in Fresno, however after a brief time there, he and his family moved to South San Francisco in 1920. That same year he opened a Ford Dealership (known originally as the Depot Garage) at 410 San Bruno Road. After learning of a proposed road widening, Fred purchased the lot across the street, now known as 315 Airport Boulevard. See Continuation Sheet, Page 5 B11. Additional Resource Attributes: (List attributes and codes) _____N/A_______________________________ *B12. References: See Continuation Sheet, Page 9 B13. Remarks: *B14. Evaluator: ______Robert R. Cartier________ *Date of Evaluation: ______11/20/2015__________ (This space reserved for official comments.) 159 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________ LOCATION MAP Trinomial ________________________________ Page _4_ of 30 Resource Name or # (Assigned by recorder) South San Francisco Ford *Map Name: ___San Francisco South__ *Scale: __7.5 Minute_____ *Date of Map: __2015____ 160 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page _5_ of 30 *Resource Name or # (Assigned by recorder) ___ South San Francisco Ford.______ *Recorded by Archaeological Resource Management Date 11/20/2015 Continuation x Update Continued from P3a: Attached to this original structure are the warehouse and showroom additions, constructed in 1954 and 1958. The warehouse features a barrel vaulted roof, supported by wooden trusses. The showroom portion of the structure is notable for the very large plate glass windows along the northern and eastern facades, designed to display the vehicles inside. The primary structure at 415 Airport Blvd. is the former Ford Commercial Truck Center. This structure is built on a concrete slab foundation. The roof is flat, and lacks overhanging eaves. The exterior walls along the front and rear of the structure are surfaced with a quartz gravel façade. The side walls are painted concrete. The front façade features one large roll-up garage bay door, as well as a set of glass double doors and a large plate glass shop window beneath an unadorned cantilevered awning. Two sets of four-paned windows are located on the second story above this awning. The rear façade includes a second large roll-up bay door, and three sets of multi-paned windows. Aside from one small window on the northeast façade, the side walls of the structure are lacking in fenestration. Windows throughout the structure are aluminum framed. The front of the interior of the structure includes a small customer area and offices on the lower floor, with storage above. The remainder of the structure is an open warehouse, with exposed roofing. Commissioned by the City Redevelopment Agency, the mural on the northern façade of 415 Airport Boulevard is entitled “Transporting Oneself” and was completed by Catalina Gonzalez in 1999. The mural depicts advances and changes in transportation from prehistoric times to the space age. Moving from left to right across the mural, the first portion depicts a cave dwelling man with fire. This blends into an image of migration on foot, as well as an early sailing vessel. The next portion of the mural depicts a stagecoach and a railroad tunnel and train. It then moves on to depict automotive transport, showing a mid-century era automobile and motorcycle. The final portion of the mural shows air travel with a propeller plane, and space travel in the form of the Space Shuttle. The mural is signed at the bottom right corner, “Catalina ’99.” Continued from B10: In 1925 the original structure at 315 Airport Boulevard was constructed as his new dealership; the building was constructed by a local contractor, Mr. Richard Stickle. In 1947, after a period of extended illness, Fred Lautze turned over the business to his youngest son, Fred C. Lautze. Large additions to the original structure at 315 Airport Boulevard were made in 1954 and 1958. Around 1960, the structure at 415 Airport Boulevard was constructed. The dealership remained in the Lautze family until it was sold in July, 1979. The properties were purchased by the City of South San Francisco, the current owners, and are currently used for storage purposes. 161 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page _6_ of 30 *Resource Name or # (Assigned by recorder) ___ South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/2015 Continuation x Update California Register of Historic Resources Criteria A cultural resource is considered "significant" if it qualifies as eligible for listing in the California Register of Historic Resources (CRHR). Properties that are eligible for listing in the CRHR must meet one or more of the following criteria: 1. Association with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States; 2. Association with the lives of persons important to local, California, or national history; 3. Embodying the distinctive characteristics of a type, period, region, or method of construction, or representing the work of a master, or possessing high artistic values; or 4. Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation. A property may be automatically listed in the CRHR if it is formally determined eligible for the National Register of Historic Places. Properties that are formally determined eligible for the NRHP are those that are designated as such through one of the federal preservation programs administered by the California Office of Historic Preservation (i.e., the National Register, Tax Certification, and Section 106 review of federal undertakings). The CRHR interprets the integrity of a cultural resource based upon its physical authenticity. An historic cultural resource must retain its historic character or appearance and thus be recognizable as an historic resource. Integrity is evaluated by examining the subject's location, design, setting, materials, workmanship, feeling, and association. If the subject has retained these qualities, it may be said to have integrity. It is possible that a cultural resource may not retain sufficient integrity to be listed in the National Register of Historic Places yet still be eligible for listing in the CRHR. If a cultural resource retains the potential to convey significant historical/scientific data, it may be said to retain sufficient integrity for potential listing in the CRHR. The Ford dealership buildings on Airport Boulevard are not currently listed on the California Register of Historical Resources. In addition, the structures do not appear to be potentially eligible for listing in this register. The structures are not associated with any known significant historical events thus they do not appear to qualify as potentially eligible under criterion 1. No historically significant persons appear to have been associated with the property, thus it does not appear to qualify as potentially eligible under criterion 2. The structures are not notable examples of any architectural style, thus they do not appear to be eligible under criterion 3. In addition, the structures do not appear to have the potential to yield significant historical information, and thus do not appear eligible under criterion 4. 162 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page _7_ of 30 *Resource Name or # (Assigned by recorder) ___ South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/2015 Continuation x Update National Register Criteria The National Register of Historic Places was first established in 1966, with major revisions in 1976. The register is set forth in 36 CFR 60 which establishes the responsibilities of the State Historic Preservation Officers (SHPO), standards for their staffs and review boards, and describes the statewide survey and planning process for historic preservation. Within this regulation guidelines are set forth concerning the National Register of Historic Places (36 CFR 60.6). In addition, further regulations are found in 36 CFR 63-66, 800, and Bulletin 15 which define procedures for determination of eligibility, identification of historic properties, recovery, reporting, and protection procedures. The National Register of Historic Places was established to recognize resources associated with the accomplishments of all peoples who have contributed to the country's history and heritage. Guidelines were designed for Federal and State agencies in nominating cultural resources to the National Register. These guidelines are based upon integrity and significance of the resource. Integrity applies to specific items such as location, design, setting, materials, workmanship, feeling, and association. Quality of significance in American history, architecture, archaeology, engineering and culture is present in resources that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and meet at least one of the following criteria: A. That are associated with events that have made a significant contribution to broad patterns of our history: B. That are associated with the lives of persons significant in our past; C. That embody distinctive characteristics of type, period, or method of construction, or that represent the work of master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; D. That have yielded, or are likely to yield, information important in prehistory or history. Integrity is defined in Bulletin 15: How to Apply the National Register Criteria for Evaluation, (U.S. Department of the Interior, National Park Service 1982) as: the authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property’s historic or prehistoric period. If a property retains the physical characteristics it possessed in the past then it has the capacity to convey association with historical patterns or persons, architectural or engineering design and technology, or information about a culture or peoples. There are also seven aspects of integrity which are used. These aspects are: 1. location 5. workmanship 2. design 6. feeling 3. setting 7. association 4. materials The Ford Dealership buildings on Airport Boulevard are not currently listed on the National Register of Historic Places. In addition, the properties do not appear to be potentially eligible for listing in this register. The structures are not associated with significant historic events or persons, thus they do not appear to be potentially eligible for listing under criteria A or B. The structures are not notable examples of any architectural style, thus they do not appear eligible for inclusion under Criterion C. The properties do not appear to be likely to yield information important in prehistory or history, thus they do not appear to qualify as potentially eligible under criterion D. 163 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page _8_ of 30 *Resource Name or # (Assigned by recorder) ___ South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/2015 Continuation x Update South San Francisco Historic Resource Criteria The Historic Preservation Program began in 1986 with the adoption of the Historic Preservation Ordinance. City Council appointed a five-member Historic Preservation Commission to carry out the task of identifying South San Francisco's most important historic sites and structures, and protecting them from needless neglect, exterior alteration that might destroy their historic and architectural value, or demolition. The goals are accomplished by designating landmarks as Historic Resources. Specific criteria have been established to define how a property qualifies for nominations as a historic resource. The criteria relate to the property's significance to the heritage of the City, the involvement of important people who may have designed, built, resided in, or worked in the structure, its exemplification of a special architectural style, or its careful attention to detail and craftsmanship. Its relationship to other historic buildings or to a historic district is also considered. In considering a proposal for designation as an historic resource, the commission shall apply any or all of the following criteria: (a) Its character, interest or value as a significant part of the heritage of the city, the state or the nation; and (b) Its location as a site of a significant historic event; or (c) Its identification with a person or persons who significantly contributed to the culture and development of the city, the state or the nation; or (d) Its exemplification of a particular architectural style or way of life; or (e) Its exemplification of the best remaining example of a particular architectural type in the city; or (f) Its identification as the creation, design or work of a person or persons whose efforts have significantly influenced the heritage of the city, the state or the nation; or (g) Its embodiment of elements demonstrating outstanding attention to artistic, architectural and/or engineering design, detail, materials, or craftsmanship; or (h) Its relationship to any other historic resource if its preservation is essential to the integrity of the other historic resource (for example, it is a clearly identified element of a larger cohesive neighborhood or area whose integrity and character should be protected, such as the civic center, downtown, or a specific residential neighborhood); or (i) Its unique location or singular physical characteristics representing an established and familiar visual feature of the city; or (j) Its potential of yielding significant information of archeological interest; or (k) Its integrity as a natural environment that strongly contributes to the well-being of the people of the city, the state, or the nation. For example, an area retained in or developed in a natural setting, such as portions of Sign Hill, or some other feature which contributes to the quality of life in South San Francisco. (Ord. 1440 § 2, 2011) The Ford Dealership buildings on Airport Boulevard are not currently listed as historic resources for the City of South San Francisco. In addition, they do not appear to be eligible for inclusion in this local register under any of the criteria listed above. 164 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page _9_ of 30 *Resource Name or # (Assigned by recorder) ___ South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/2015 Continuation x Update Continued from B12: Assessor's Office, County of San Mateo 2015 Record search of assessed value and associated taxes for the properties at 315 & 415 Airport Blvd. Brown, M. 2010 San Francisco Modern Architecture and Landscape Design 1935-1970 Historic Context Statement. San Francisco City and County Planning Department. Ervin, G. N.D. Fred Lautze 1889-1971. Undated biographical sketch. Hoover, M. et al 1966 Historic Spots in California. Stanford University Press, Stanford California. McAlester, V. and L. McAlester 1997 A Field Guide to American Houses. Alfred A. Knopf, New York. Recorder's Office, County of San Mateo 2015 Record search of recorded information for the properties at 315 & 415 Airport Blvd. South San Francisco Historical Society Museum 2015 Review of clipping, photography, and other materials regarding the Lautze Ford buildings. US Department of the Interior 1990 The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings US Department of the Interior 1982 Bulletin 15 - "How to Apply the National Register Criteria for Evaluation." Whiffen, Marcus 1992 American Architecture since 1780, Revised Edition. The MIT Press, Cambridge Mass. 165 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 10_ of 30 *Resource Name or # (Assigned by recorder) _____South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/15 Continuation X Update Photo 1: View of the front facade of 415 Airport Boulevard. Photo 2: View of the front facade from across Airport Boulevard. 166 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 11_ of 30 *Resource Name or # (Assigned by recorder) _____South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/15 Continuation X Update Photo 3: Oblique view of 415 Airport Boulevard from the northeast. Photo 4: View of the mural “Transporting Oneself.” 167 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 12_ of _30 *Resource Name or # (Assigned by recorder) _____South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/15 Continuation X Update Photo 5: View of the first portion of “Transporting Oneself” showing cave dwelling and early water transport (Catalina Gonzalez, 1999). Photo 6: 2nd portion of the mural showing stagecoach. 168 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 13_ of _30 *Resource Name or # (Assigned by recorder) _____South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/15 Continuation X Update Photo 7: 3rd portion of the mural showing railway and automotive transport. Photo 8: Final portion of the mural showing aviation and space flight. 169 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 14_ of 30 *Resource Name or # (Assigned by recorder) _____South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/15 Continuation X Update Photo 9: View of the north facade, showing mural. Photo 10: View of the rear facade, note roll-up garage bay. 170 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 15_ of 30 *Resource Name or # (Assigned by recorder) _____South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/15 Continuation X Update Photo 11: Oblique view of 415 Airport Boulevard from the southwest. Photo 12: View of the eastern portion of the southern facade. 171 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 16_ of 30 *Resource Name or # (Assigned by recorder) _____South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/15 Continuation X Update Photo 13: Interior view of the sales office at 415 Airport Boulevard. Photo 14: The front of the warehouse area at 415 Airport Blvd. 172 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 17_ of 30 *Resource Name or # (Assigned by recorder) _____South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/15 Continuation X Update Photo 15: Looking back at the sales office area from the warehouse. Photo 16: View across the main warehouse area. 173 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 18_ of 30 *Resource Name or # (Assigned by recorder) _____South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/15 Continuation X Update Photo 17: View of the service garage at 413 Airport Boulevard. Photo 18: View of the southern facade of the service garage. 174 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 19_ of 30 *Resource Name or # (Assigned by recorder) _____South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/15 Continuation X Update Photo 19: View of the rear facade of the service garage. Photo 20: Oblique view of the service garage from the southwest. 175 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 20_ of 30 *Resource Name or # (Assigned by recorder) _____South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/15 Continuation X Update Photo 21: Interior view of the office area in the service garage. Photo 22: View of the garage area in the service garage. 176 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 21_ of 30 *Resource Name or # (Assigned by recorder) _____South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/15 Continuation X Update Photo 23: View of front facade of original portion, 315 Airport Blvd. Photo 24: Detail of diamond window and parapet at 315 Airport Blvd. 177 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 22_ of 30 *Resource Name or # (Assigned by recorder) _____South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/15 Continuation X Update Photo 25: View of the southern wall of the original building. Photo 26: View of warehouse area of 315 Airport Blvd from the west. 178 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 23_ of 30 *Resource Name or # (Assigned by recorder) _____South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/15 Continuation X Update Photo 27: View of the western portion of the north facade. Photo 28: View of the eastern portion of north facade; the showroom. 179 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 24_ of 30 *Resource Name or # (Assigned by recorder) _____South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/15 Continuation X Update Photo 29: View along the eastern facade showing showroom windows. Photo 30: Oblique view of the showroom from the northeast. 180 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 25_ of 30 *Resource Name or # (Assigned by recorder) _____South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/15 Continuation X Update Photo 31: View of the southern portion of the east facade. Photo 32: Interior view of the showroom, looking north. 181 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 26_ of 30 *Resource Name or # (Assigned by recorder) _____South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/15 Continuation X Update Photo 33: View of the showroom, looking south towards the offices. Photo 34: Interior view of the large warehouse addition. 182 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 27_ of 30 *Resource Name or # (Assigned by recorder) _____South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/15 Continuation X Update Photo 35: View of support trestles in the warehouse. Photo 36: Another view of the warehouse area. 183 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 28_ of 30 *Resource Name or # (Assigned by recorder) _____South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/15 Continuation X Update Photo 37: Interior view of the original portion of 315 Airport Blvd. Photo 38: View of conference room in the offices at 315 Airport Blvd. 184 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 29_ of 30 *Resource Name or # (Assigned by recorder) _____South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/15 Continuation X Update Photo 39: Historic photo of the 1925 structure, 315 Airport Blvd. Photo 40: Historic interior view of 315 Airport Boulevard. 185 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 30_ of _30 *Resource Name or # (Assigned by recorder) _____South San Francisco Ford *Recorded by Archaeological Resource Management Date 11/20/15 Continuation X Update Photo 41: Lautze presenting a car to police chief Louis Belloni, 1940. Photo 42: Undated view of the showroom, circa 1970’s 186 Archaeological Resource Management Robert R. Cartier, Ph.D. 496 North 5th Street San Jose, CA 95112 Telephone (408) 295-1373 Fax (408) 286-2040 email: armcartier@netscape.net Attn: Mr. Ken Busch January 15, 2016 Sares-Regis Group of Northern California 901 Mariners Island Blvd, #700 San Mateo, CA 94404 RE: AN UPDATED HISTORIC EVALUATION OF THE BERTOLUCCI’S BUILDING IN SOUTH SAN FRANCISCO Dear Mr. Busch: As per your request our firm is submitting the enclosed updated historical evaluation of the Bertolucci’s building in South San Francisco. Based upon the requirements of the City of South San Francisco, a methodology was designed which included the following services: 1. Exterior photography of the Bertolucci’s building 2. Historic background research to determine past ownership 3. Analysis and description of architectural characteristics of the building 4. Analysis of construction chronology for the structure, the sign and Highway 101 5. Discussion of historic associations of the structure 6. Communications with B. Bamberg, author of the original California Department of Parks and Recreation DPR forms 7. Completion of DPR 523 for the building 8. Discussion of potential significance of the Bertolucci building, including the sign. The Bertolucci’s Restaurant building at 421 Cypress Avenue is located across Cypress Avenue (approximately 45 feet) from the proposed Parcel A residential building and adjacent to (separated by an approximately 20 foot alley) the proposed Parcel B parking lot. As described in 187 our report prepared for the proposed project dated November 20, 2015, the proposed project does not remove or otherwise impact the Bertolucci’s building or any buildings that relate to or contribute to the Bertolucci’s building. The proposed project will, however, block the existing view of the sign on top of the building from the adjacent elevated portion of Highway 101. The purpose of this evaluation is to determine if blocking the view from Highway 101 is a significant impact under the California Environmental Quality Act. Based on our research and analysis described below, we conclude that it is not. Based upon the results of this investigation, it was determined that the Bertolucci’s building is currently listed on the City of South San Francisco Historic Resources Inventory as a potential historic resource. It appears to be eligible for inclusion in this local register under three criteria, including: a. significance to the heritage of the City, d. as a unique blend of architectural styles, and h. its relationship to the historic character of the downtown area. The Bertolucci’s building is not currently listed in the California Register of Historic Resources (CRHR). However, it appears to be potentially eligible for inclusion in this register under two criteria. The structure is closely associated with the growth and importance of the Italian American community in South San Francisco, thus it appears to qualify as potentially eligible under criterion 1. The structure is a unique blend of Spanish Colonial Revival and Neoclassical architectural elements, and thus appears to be eligible under criterion 3. The structure is not currently listed on the National Register of Historic Places (NRHP). In addition, the structure does not appear to be eligible for inclusion in this register. The original portion of the Bertolucci’s building was constructed in 1924 and was operated by the Bertolucci’s beginning in 1928 as the Liberty Hotel. The original Department of Parks and Recreation (DPR) forms completed for the Bertolucci’s Restaurant building (Bamberg 1986) states that the Bertolucci’s sign “has been visible from the heavily traveled Highway 101 for over 30 years.” However, as the sign was not constructed until 1962, this statement was (at that time) not fully accurate. In addition, at the time the sign was constructed in 1962, the view of the sign from Highway 101 was different from the view today, due to several factors. (1) at the time in 1962 and continuing until the early 1990’s, the overpass at Grand Avenue was smaller than it is today. The current configuration of the overpass was completed in approximately 1994, (2) based upon the 1956 and 1970 Sanborn Fire Insurance maps of the City of South San Francisco, commercial buildings (primarily 2-story) were present along the majority of Airport Parkway between Grand Avenue and California Avenue throughout this time period, most of which appear to be extant today, and (3) a small complex of row houses and a restaurant were present on the site of the current parking lot in front of the Bertolucci's building in 1956. By 1970 the rowhouses were demolished and a clear view of the sign was likely present from the highway. It was not until 1994 that the current view of the sign was established from Highway 101, when the overpass at Grand Avenue reached its current configuration (Personal Communication, S. Bautista 2016). It should also be noted that the sign itself has been altered multiple times in 188 appearance to reflect changes in ownership. A brief chronology of these events is provided below: Timeline of Events, Bertolucci’s Restaurant - 1924: Construction of the original portion of the Bertolucci’s restaurant building. - 1925-1950: Construction of initial overpass over Grand Avenue and railroad tracks. - 1950: Rowhouses and a restaurant present in the lot in front of Bertolucci’s (1950 Sanborn). - 1962: Restaurant name changed to Bertolucci’s, construction of the single story portions of the restaurant. - 1962: Construction of the Bertolucci’s sign. - 1970: As of this year, the row houses in the lot in front of Bertolucci’s are no longer present (1970 Sanborn), - 1986: Completion of the original DPR forms for the Bertolucci’s building. As of this year the sign reads “Cucina Toscana Bertolucci’s.” - 1994: Completion of Grand Avenue overpass in its current configuration, today’s view of the Bertolucci’s sign is established. - 2003: Closure of Bertolucci’s upon the retirement of Lawrence Bertolucci and Lola Bertolucci Fox. - 2006: Reopening of Bertolucci’s under the ownership of Peter and Victoria Sodini. The Bertolucci’s sign is altered to read “Sodini’s Bertolucci’s.” - 2014: The Bertolucci’s sign is altered to its current format, reading “Italian Food Bertolucci’s.” Based upon the chronology described above it is clear that the existing signage was not present for the first 38 years of the history of the structure. Since that time, the sign itself has been modified multiple times before the current version of the sign and view that exists today was established. During a telephone conversation (Personal Communication with B. Bamberg January 8th, 2016), Ms. Bamberg stated that she did not feel that visibility from Highway 101 is a significant aspect 189 of the historic character of the structure. She noted that the architecture and historical associations of the restaurant building were more salient to its historic status. As per CEQA Guidelines, in order for an impact to be considered significant, the impact must pose a “substantially adverse” change to that resource. A “substantially adverse” impact in the context of historic resources is one which affects the resource “such that the significance of an historical resource would be impaired” (PRC Section 5020.1(q)). The Bertolucci’s sign is one several elements of the Bertolucci’s building which contribute to the historic character of the property, however, the current view of the sign from Highway 101 is not an essential factor in maintaining the significance of the structure or what makes the sign a contributing element to the building given the relatively recent (1994) creation of extent of the current view and the modifications to the sign itself. The contributing aspects of the sign to the building are based on the age and the design of the sign itself and its relationship to the historical use of the building. Based on our review of the characteristics of building and sign, it appears the Bertolucci’s building would retain eligibility for both the CRHR and the local historic register regardless of whether the sign remains visible from Highway 101 or not, due to its architecture and historic associations. Thus, while the proposed project would block the existing view of the sign from Highway 101, this impact does not appear to be significant under CEQA because the lack of visibility from the Highway would not jeopardize the structure’s eligibility for the CRHR, or its eligibility for listing on the local register of the City of South San Francisco. Therefore, it is our professional opinion that the proposed project would not pose any direct or indirect significant adverse impact the historic merit of the Bertolucci’s building according to CEQA guidelines. Sincerely, Robert Cartier, Ph.D. RC/dj Principal Investigator 190 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ PRIMARY RECORD Trinomial ______________________________ NRHP Status Code ______________________ Other Listings ________________________________________ Review Code ________ Reviewer __________ Date ________ Page 1_ of 24 Resource Name or # ___Bertolucci’s Restaurant___ P1. Other Identifier: ___None___________________________________________ P2. Location: ____ Not for Publication _x_ Unrestricted *a. County _San Mateo___ and (P2b and P2c or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad: San Francisco S. Date: 2015 T ; R ; 1/4 of 1/4 of Sec ; BM c. Address: 421 Cypress Avenue City: South San Francisco Zip: 94080 d. UTM: e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) APNs: 012-314-070, 012-314-080, & 012-314-090 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The Bertolucci’s Restaurant building at 421 Cypress Avenue is a two story commercial structure in good condition. The original portion of the structure appears to have originally been constructed in the Spanish Colonial Revival style, with subsequent modifications adding Neoclassical elements (in keeping with the Italian theme of the restaurant). The roof is flat and surfaced with tarpaper, with a decorative parapet along the original two story portion, featuring a wooden balustrade with turned spindles. The upper story features extending angled bay windows on the south and east sides, emphasizing an Italianate appearance. See Continuation Sheet, Page 4 *P3b. Resource Attributes: HP06 (Commercial Building 1-3 stories), HP36 (Ethnic Minority Property *P4. Resources Present: xBuilding __Structure __Object __District __Element of District __Site __Other P5a. Photo or drawing (Photo required for buildings, structures, objects.) P5b. Description of Photo: (View, date, accession #) View of the front façade of Bertolucci’s from the corner of Cypress and Lux. *P6. Date Constructed/Age and Sources Historic x Prehistoric Both F. 1924 based upon County of San Mateo Building permit files. *P7. Owner and Address: Peter and Victoria Sodini 421 Cypress Avenue South San Francisco, CA 94080 *P8. Recorded by: Robert Cartier Archaeological Resource Management 496 North 5th Street San Jose, CA 95112 *P9. Date Recorded: 1/12/16 *P10. Survey Type: Intensive *P11. Report Citation: (Cite Survey Report and other sources, or enter "none.") None * Attachments: __None x_Location Map __Sketch Map x_Continuation Sheet x_Building, Structure, and Object Record __Archaeological Record __District Record __Linear Feature Record __Milling Station Record __Rock Art Record __Artifact Record __Photographic Record __Other (List): 191 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2_ of 24 *NRHP Status Code _________________________ *Resource Name or # (Assigned by recorder) _Bertolucci’s Restaurant____ B1. Historic Name: __Liberty Hotel, Joe’s Blue Room___________________________ B2. Common Name: ___Bertolucci’s Restaurant______________________________________ B3. Original Use: __Boarding House____ B4. Present Use: __Restaurant__ *B5. Architectural Style: _Spanish Colonial Revival, Neolassical___ *B6. Construction History: Based upon visual evaluation and County of San Mateo building permit files, the original portion of the Bertolucci’s Restaurant building was constructed in 1924. Since that time many additions and modifications have been made to the property. Additions and new construction on the property include the construction of a garage, storage shed, and BBQ building in 1945, alterations to the front bar in 1947, the construction of two additional garage buildings in 1952 and 1956, respectively (both demolished by 1962). The single story portion of the structure which is now used as the main restaurant was constructed in 1962, as was the Bertolucci’s sign. The first floor of the original building was entirely remodeled at that time, however the apartments above were unchanged. A walk-in cooler was also added in that year. See Continuation Sheet, Page 4 *B7. Moved? _x No ___ Yes ___ Unknown Date: _______ Original Location: __________________ *B8. Related Features: None B9a. Architect: _____unknown______ b. Builder: ____unknown_________ *B10. Significance: Theme ___Commerce________ Area ___South San Francisco_____ Period of Significance _Inter-War___ Property Type __Private commercial_ Applicable Criteria ___CR1, CR3 The land on which the Bertolucci’s Restaurant building now stands was designated as Lot 18 of Block 138 on South San Francisco, San Mateo County, California Plat Map No.1 (1895) filed in Book 2 of Maps, Page 52. Based upon Sanborn fire insurance maps, the parcel remained empty until 1924, when the original portion of what is now the Bertolucci’s building was constructed. Beginning in 1928, it was operated by Joseph and Tisbe Bertolucci as a boarding house, as well as serving meals, under the name of the Liberty Hotel. Joesph and Tisbe Bertolucci were both immigrants from Italy. By midcentury, the hotel also operated a bar and restaurant, which was known as Joe’s Blue Room. In the early 1960’s, management of the establishment was turned over to the Burtolucci’s children, Lawrence Bertolucci and Lola Bogdan, later Lola Bertolucci Fox. See Continuation Sheet, Page 10 B11. Additional Resource Attributes: (List attributes and codes) ___N/A_________________________________ *B12. References: See Continuation Sheet, Page 14 B13. Remarks: *B14. Evaluator: ____Robert R. Cartier__________ *Date of Evaluation: _____1/12/2016__________ (This space reserved for official comments.) 192 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________ LOCATION MAP Trinomial ________________________________ Page 3_ of 24 Resource Name or # (Assigned by recorder) Bertolucci’s Restaurant _________ *Map Name: __San Francisco, South___ *Scale: _7.5 Minute__ *Date of Map: ___2015____ 193 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 4_ of 24 *Resource Name or # (Assigned by recorder) __Bertolucci’s Restaurant_____ *Recorded by Archaeological Resource Management Date 1/12/2016 Continuation x Update Continued from P3a: The exterior walls throughout the structure are surfaced primarily with stucco, although stone cladding has been added along the front façade of the newer portion of the building. Round arches line the lower story façade along Lux Avenue. Fenestration consists primarily of simple aluminum framed windows, primarily in a tripartite configuration. None of the existing windows appear to be original to the older portion of the structure. Neoclassical elements include the balustrade parapet, the tripartite windows and associated decorative scrollwork, the largely symmetrical appearance of the front façade (of the original portion of the structure) as well as the decorative arches along the northern façade. Spanish Colonial Revival elements include the red ceramic roof tiles above the extending bays, and the stucco wall cladding. The building is topped by a large neon sign, which reads “Bertolucci’s” in large letters with “Italian Food” in a smaller font above. The sign is illuminated with neon lights, and is well known within the community. Continued from B6: Additional modifications noted since that time include minor renovations in 1966, additions to the existing sign in 1967, alterations to the restaurant interior in 1968, addition of an ice maker unit in 1970, and remodeling of the upstairs apartments in 1971. Additional interior remodeling was noted in 1973. The interior of the restaurant underwent significant updates and remodeling in 2006 after the purchase of the property by the current owners. After its construction in 1962, the Bertolucci’s sign has also been subject to multiple modifications. Based upon the original DPR forms (Bamberg 1986), at that time the sign read “Cucina Tuscana” on the small upper panel, and “Bertolucci’s” on the main panel. In 2006, after transfer of the restaurant to the current owners, upper panel was modified so the sign read “Sodini’s Bertolucci’s.” In 2014 the upper panel was changed again, and the sign now reads “Italian Food Bertolucci’s.” Major elements of the Bertolucci’s Restaurant building construction history can be seen on Sanborn Fire Insurance Maps. A selection of Sanborn maps illustrating this construction chronology are included below: 1925 Sanborn Map of the subject property: The Bertolucci’s Restaurant structure is not yet shown (it was constructed in 1924, information for the 1925 Sanborns was likely compiled the previous year). The parcel to the rear of the current restaurant (now parking) is shown as the location of an earlier boarding house, here labeled “lodgings.” 194 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 5 of 24 *Resource Name or # (Assigned by recorder) __Bertolucci’s Restaurant_______ *Recorded by Archaeological Resource Management Date 1/12/2016 Continuation x Update 1950 Sanborn Map of the Subject Property: Showing the original two-story portion of the current restaurant building. What is now Bertolucci’s parking lot was at that time another boarding house known as the “Oxford Hotel.” 195 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 6 of 24 *Resource Name or # (Assigned by recorder) __Bertolucci’s Restaurant_______ *Recorded by Archaeological Resource Management Date 1/12/2016 Continuation x Update Expanded view of the subject structure in 1950: The original portion of the building is labeled “Liberty Hotel and Restaurant” with a smaller area at the corner of Lux and Cypress designated as the “Bar.” The BBQ building noted in County Building Permit files as having been constructed in 1945 is also shown. 196 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 7 of 24 *Resource Name or # (Assigned by recorder) __Bertolucci’s Restaurant_______ *Recorded by Archaeological Resource Management Date 1/12/2016 Continuation x Update 1970 Sanborn Map of the Subject Property: Showing the large single story addition to the restaurant, expanding the structure to roughly its current dimension. The former lodging buildings to the rear of the property have been demolished and a parking lot has been built in their place. 197 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 8 of 24 *Resource Name or # (Assigned by recorder) __Bertolucci’s Restaurant_______ *Recorded by Archaeological Resource Management Date 1/12/2016 Continuation x Update Expanded view of the subject structure in 1970. Note that the former BBQ structure has been integrated into the new restaurant addition. 198 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 9 of 24 *Resource Name or # (Assigned by recorder) __Bertolucci’s Restaurant_______ *Recorded by Archaeological Resource Management Date 1/12/2016 Continuation x Update Detail of the Bertolucci’s Restaurant building layout as shown on the County of San Mateo Building Permit files for the structure (1973). 199 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 10 of 24 *Resource Name or # (Assigned by recorder) __Bertolucci’s Restaurant_______ *Recorded by Archaeological Resource Management Date 1/12/2016 Continuation x Update Continued from B10: In 1962, major additions and renovations were made to the structure, adding the single story portion of the restaurant which extends along Cypress (Building Permit #04280). The structure re-opened as Bertolucci’s Restaurant in that year. The iconic Bertolucci’s sign was also erected at that time (Building Permit #04539). Joseph Bertolucci died on November 3, 1969. Tisbe, known by patrons and the community as “Mama” Bertolucci continued to work in the restaurant into her eighties. Even after she stopped cooking, she would observe each dish as it was brought from the kitchen, and if it did not meet her standards it would be returned and remade (personal communication with B. Bamberg, 2016). Mama Bertolucci died in 1990, at the age of 93. Lawrence and Lola continued to operate the restaurant until they retired in 2003. After being briefly closed, on December 27, 2005 the property was purchased by the current owners, Peter and Victoria Sodini. Peter Sodini is a well-known restaurateur, previously opening establishments such as Golden Boy Pizza and Sodini’s Green Valley Restaurant in North Beach, San Francisco. The Sodini’s re-opened the restaurant in 2006, rebranded as “Sodini’s Bertolucci’s.” The interior was heavily remodeled at that time, although some elements such as the chandeliers were retained. The Bertolucci’s Restaurant building is closely associated with the development of South San Francisco. During the early years of its existence as a boarding house, the structure housed steel workers employed by Pacific Coast Steel Company (later Bethlehem Steel), located only a few blocks to the east. At that time, steel was the largest and most significant industry in the city. As the boarding house transitioned into a restaurant and bar, it became a gathering place for many in South San Francisco, particularly within the Italian American community, which made up a significant proportion of the city’s population. Italian Americans were a prominent community in the development of South San Francisco. Along with other European immigrants in the early 20th century (notably the Greeks), Italians in the area were employed in large numbers both in the steel industry noted above, as well as at Western Meat Co. (later Swift &Co.), founded by G.F. Swift in 1892. Italians were represented in social and political life by organizations such as the South San Francisco Italian American Citizens Club (founded 1918). The original portion of the Bertolucci’s building was constructed in 1924 and was operated by the Bertolucci’s beginning in 1928 as the Liberty Hotel. The original Department of Parks and Recreation (DPR) forms completed for the Bertolucci’s Restaurant building (Bamberg 1986) states that the Bertolucci’s sign “has been visible from the heavily traveled Highway 101 for over 30 years.” However, as the sign was not constructed until 1962, this statement was (at that time) not fully accurate. In addition, at the time the sign was constructed in 1962, the view of the sign from Highway 101 was different from the view today, due to several factors. (1) at the time in 1962 and continuing until the early 1990’s, the overpass at Grand Avenue was smaller than it is today. The current configuration of the overpass was completed in 1994, (2) based upon the 1956 and 1970 Sanborn Fire Insurance maps of the City of South San Francisco, commercial buildings (primarily 2-story) were present along the majority of Airport Parkway between Grand Avenue and California Avenue throughout this time period, most of which appear to be extant today, and (3) a small complex of row houses and a restaurant were present on the site of the current parking lot in front of the Bertolucci's building in 1956. By 1970 the rowhouses were demolished and a clear view of the sign was likely present from the highway. It was not until 1994 that the current view of the sign was established from Highway 101, when the overpass at Grand Avenue reached its current configuration (Personal Communication, S. Bautista 2016). It should also be noted that the sign itself has been altered multiple times in appearance to reflect changes in ownership. Based upon the chronology described above it is clear that the existing signage was not present for the first 38 years of the history of the structure. Since that time, the sign itself has been modified multiple times before the current version of the sign and view that exists today was established. During a telephone conversation (Personal Communication with B. Bamberg January 8th, 2016), Ms. Bamberg stated that she did not feel that visibility from Highway 101 is a significant aspect of the historic character of the structure. She noted that the architecture and historical associations of the restaurant building were more salient to its historic status. 200 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 11 of 24 *Resource Name or # (Assigned by recorder) __Bertolucci’s Restaurant_______ *Recorded by Archaeological Resource Management Date 1/12/2016 Continuation x Update California Register of Historic Resources Criteria A cultural resource is considered "significant" if it qualifies as eligible for listing in the California Register of Historic Resources (CRHR). Properties that are eligible for listing in the CRHR must meet one or more of the following criteria: 1. Association with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States; 2. Association with the lives of persons important to local, California, or national history; 3. Embodying the distinctive characteristics of a type, period, region, or method of construction, or representing the work of a master, or possessing high artistic values; or 4. Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation. A property may be automatically listed in the CRHR if it is formally determined eligible for the National Register of Historic Places. Properties that are formally determined eligible for the NRHP are those that are designated as such through one of the federal preservation programs administered by the California Office of Historic Preservation (i.e., the National Register, Tax Certification, and Section 106 review of federal undertakings). The CRHR interprets the integrity of a cultural resource based upon its physical authenticity. An historic cultural resource must retain its historic character or appearance and thus be recognizable as an historic resource. Integrity is evaluated by examining the subject's location, design, setting, materials, workmanship, feeling, and association. If the subject has retained these qualities, it may be said to have integrity. It is possible that a cultural resource may not retain sufficient integrity to be listed in the National Register of Historic Places yet still be eligible for listing in the CRHR. If a cultural resource retains the potential to convey significant historical/scientific data, it may be said to retain sufficient integrity for potential listing in the CRHR. The Bertolucci’s Restaurant building at 421 Cypress Avenue is not currently listed on the California Register of Historical Resources. However, the structure does appear to be potentially eligible for listing in this register. The structure is closely associated with the growth and importance of the Italian American community in South San Francisco, thus it appears to qualify as potentially eligible under criterion 1. No historically significant persons appear to have been associated with the property, thus it does not appear to qualify as potentially eligible under criterion 2. The structure is a unique blend of Spanish Colonial Revival and Neoclassical architectural elements, and thus appears to be eligible under criterion 3. The structure does not appear to have the potential to yield significant historical information, and thus does not appear eligible under criterion 4. 201 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 12 of 24 *Resource Name or # (Assigned by recorder) __Bertolucci’s Restaurant_______ *Recorded by Archaeological Resource Management Date 1/12/2016 Continuation x Update National Register Criteria The National Register of Historic Places was first established in 1966, with major revisions in 1976. The register is set forth in 36 CFR 60 which establishes the responsibilities of the State Historic Preservation Officers (SHPO), standards for their staffs and review boards, and describes the statewide survey and planning process for historic preservation. Within this regulation guidelines are set forth concerning the National Register of Historic Places (36 CFR 60.6). In addition, further regulations are found in 36 CFR 63-66, 800, and Bulletin 15 which define procedures for determination of eligibility, identification of historic properties, recovery, reporting, and protection procedures. The National Register of Historic Places was established to recognize resources associated with the accomplishments of all peoples who have contributed to the country's history and heritage. Guidelines were designed for Federal and State agencies in nominating cultural resources to the National Register. These guidelines are based upon integrity and significance of the resource. Integrity applies to specific items such as location, design, setting, materials, workmanship, feeling, and association. Quality of significance in American history, architecture, archaeology, engineering and culture is present in resources that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and meet at least one of the following criteria: A. That are associated with events that have made a significant contribution to broad patterns of our history: B. That are associated with the lives of persons significant in our past; C. That embody distinctive characteristics of type, period, or method of construction, or that represent the work of master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; D. That have yielded, or are likely to yield, information important in prehistory or history. Integrity is defined in Bulletin 15: How to Apply the National Register Criteria for Evaluation, (U.S. Department of the Interior, National Park Service 1982) as: the authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property’s historic or prehistoric period. If a property retains the physical characteristics it possessed in the past then it has the capacity to convey association with historical patterns or persons, architectural or engineering design and technology, or information about a culture or peoples. There are also seven aspects of integrity which are used. These aspects are: 1. location 5. workmanship 2. design 6. feeling 3. setting 7. association 4. materials The Bertolucci’s Restaurant building at 421 Cypress Avenue is not currently listed on the National Register of Historic Places. In addition, the property does not appear to be potentially eligible for listing in this register. Although the structure is associated with the growth of the Italian American community in South San Francisco, these associations do not appear strong enough to warrant inclusion under criterion A. The structure is not associated with persons of historic significance, thus it does not appear to be potentially eligible for listing under criterion B. Although a blend of Spanish Colonial Revival and Neoclassical architectural styles, it does not appear to be a significant enough example of either of these styles to warrant inclusion under criterion C. The property does not appear to be likely to yield information important in prehistory or history, thus it doesnot appear to qualify as potentially eligible under criterion D. 202 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 13 of 24 *Resource Name or # (Assigned by recorder) __Bertolucci’s Restaurant_______ *Recorded by Archaeological Resource Management Date 1/12/2016 Continuation x Update South San Francisco Historic Resource Criteria The Historic Preservation Program began in 1986 with the adoption of the Historic Preservation Ordinance. City Council appointed a five-member Historic Preservation Commission to carry out the task of identifying South San Francisco's most important historic sites and structures, and protecting them from needless neglect, exterior alteration that might destroy their historic and architectural value, or demolition. The Historic Preservation Commission has since been dissolved, and all associated duties are under the purview of the Planning Commision. The goals are accomplished by designating landmarks as Historic Resources. Specific criteria have been established to define how a property qualifies for nominations as a historic resource. The criteria relate to the property's significance to the heritage of the City, the involvement of important people who may have designed, built, resided in, or worked in the structure, its exemplification of a special architectural style, or its careful attention to detail and craftsmanship. Its relationship to other historic buildings or to a historic district is also considered. In considering a proposal for designation as an historic resource, the commission shall apply any or all of the following criteria: (a) Its character, interest or value as a significant part of the heritage of the city, the state or the nation; and (b) Its location as a site of a significant historic event; or (c) Its identification with a person or persons who significantly contributed to the culture and development of the city, the state or the nation; or (d) Its exemplification of a particular architectural style or way of life; or (e) Its exemplification of the best remaining example of a particular architectural type in the city; or (f) Its identification as the creation, design or work of a person or persons whose efforts have significantly influenced the heritage of the city, the state or the nation; or (g) Its embodiment of elements demonstrating outstanding attention to artistic, architectural and/or engineering design, detail, materials, or craftsmanship; or (h) Its relationship to any other historic resource if its preservation is essential to the integrity of the other historic resource (for example, it is a clearly identified element of a larger cohesive neighborhood or area whose integrity and character should be protected, such as the civic center, downtown, or a specific residential neighborhood); or (i) Its unique location or singular physical characteristics representing an established and familiar visual feature of the city; or (j) Its potential of yielding significant information of archeological interest; or (k) Its integrity as a natural environment that strongly contributes to the well-being of the people of the city, the state, or the nation. For example, an area retained in or developed in a natural setting, such as portions of Sign Hill, or some other feature which contributes to the quality of life in South San Francisco. (Ord. 1440 § 2, 2011) The Bertolucci’s restaurant building is currently listed as a potential historic resource on the City of South San Francisco Historic Resource Inventory. It appears to be eligible for inclusion in this local register under three of the criteria listed above, including: a. significance to the heritage of the City, d. as a unique blend of architectural styles, and h. its relationship to the historic character of the downtown area. 203 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 14 of 24 *Resource Name or # (Assigned by recorder) __Bertolucci’s Restaurant_______ *Recorded by Archaeological Resource Management Date 1/12/2016 Continuation x Update Continued from B12: Assessor's Office, County of San Mateo 2015 Record search of assessed value and associated taxes for the property at 421 Cypress Avenue. Bamberg, B. 1986 Department of Parks and Recreation forms for Bertolucci’s restaurant. 2015 Personal communication with Bonnie Bamberg regarding the history and character of the Bertolucci’s restaurant building and clarifying aspects of her 1986 report. Bautista, Sam 2016 Personal communication with Sam Bautista of the City of South San Francisco Engineering Division regarding the construction of the current configuration of Highway 101 at Grand Avenue. Bertolucci’s Ristorante Website 2015 History page of the Bertolucci’s Ristorante website, http://www.sodinisbertoluccis.com/history.html. Accessed 1/11/2016. City of South San Francisco 2015 City of South San Francisco General Plan. Section 1.2: The Evolution of South San Francisco. Accessed online on January 11, 2016 at http://www.ssf.net/DocumentCenter/Home/View/561. Erikson, M. 2006 Décor, fare a throwback at Sodini’s Bertolucci’s. Article in the San Francisco Chronicle, 2/10/2006. Hoover, M. et al 1966 Historic Spots in California. Stanford University Press, Stanford California. McAlester, V. and L. McAlester 1997 A Field Guide to American Houses. Alfred A. Knopf, New York. Metropolitan Transportation Commission 1984 Peninsula Route 101 Study: Final Report. Police and Peace Officers Journal of the State of California 1952 Listing for Joe’s Blue Room in the Police and Peace Officer’s Journal of the State of California, August 1952, Page 352. Recorder's Office, County of San Mateo 2015 Record search of recorded information for the property at 421 Cypress Avenue. San Francisco Chronicle 2010 Obituary for Lawrence Bertolucci in the San Francisco Chronicle, August 2010. San Mateo County Building Permit Files 2015 Review of building permit files for the property at 421 Cypress Avenue. San Mateo County Times 2005 Bertolucci’s Reborn. Article posted online on 12/16/2005 at: http://www.insidebayarea.com/sanmateocountytimes/localnews/ci_3315291. Accessed 1/11/2016. 204 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 15 of 24 *Resource Name or # (Assigned by recorder) __Bertolucci’s Restaurant_______ *Recorded by Archaeological Resource Management Date 1/12/2016 Continuation x Update San Mateo Daily Journal 2005 South City’s Bertolucci’s Returns. Article posted online on 12/2/2005 at: http://www.smdailyjournal.com/articles/lnews/2005-12-02/south-citys-bertoluccis-returns/51759.html. Accessed 1/11/2016. San Mateo Times 1962 Bertolucci’s Grand Opening Set for Tonight. Article in the San Mateo Times, 9/7/1962, page 25. 1968 Brief note announcing construction of the new VIP room at Bertolucci’s. San Mateo Times, 3/15/1968, page 10. 1969 Obituary for Joseph Bertolucci. San Mateo Times, 11/5/1969, page 11. Stireman Dewart, M. L. 1983 South San Francisco’s Seventy-Fifth Anniversary 1983. The Soroptimist Society of North San Mateo County. Taylor, D. and J. A. Williams (Eds.) 1992 Old Ties, New Attachements: Italian-American Folklife in the West. American Folklife Center, the Library of Congress. US Department of the Interior 1990 The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings US Department of the Interior 1982 Bulletin 15 - "How to Apply the National Register Criteria for Evaluation." Whiffen, Marcus 1992 American Architecture since 1780, Revised Edition. The MIT Press, Cambridge Mass. 205 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 16 of 24 *Resource Name or # (Assigned by recorder) __Bertolucci’s Restaurant_______ *Recorded by Archaeological Resource Management Date 1/12/2016 Continuation x Update Photo 1: View of the full front façade of the Bertolucci’s building. Photo 1: View of the front façade of the original, two story building. 206 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 17 of 24 *Resource Name or # (Assigned by recorder) __Bertolucci’s Restaurant_______ *Recorded by Archaeological Resource Management Date 1/12/2016 Continuation x Update Photo 3: View along the front façade of the single story 1962 addition. Photo 4: View of the secondary sign at the parking entrance. 207 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 18 of 24 *Resource Name or # (Assigned by recorder) __Bertolucci’s Restaurant_______ *Recorded by Archaeological Resource Management Date 1/12/2016 Continuation x Update Photo 5: View of the eastern portion of the west façade. Photo 6: View of covered entrance along the rear (west) façade. 208 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 19 of 24 *Resource Name or # (Assigned by recorder) __Bertolucci’s Restaurant_______ *Recorded by Archaeological Resource Management Date 1/12/2016 Continuation x Update Photo 7: Oblique view of the rear and southern facades. Photo 8: View along the northern façade. 209 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 20 of 24 *Resource Name or # (Assigned by recorder) __Bertolucci’s Restaurant_______ *Recorded by Archaeological Resource Management Date 1/12/2016 Continuation x Update Photo 9: Detail of extending window bay on the upper story. Photo 10: Detail of a multi-paned window on the upper story. 210 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 21 of 24 *Resource Name or # (Assigned by recorder) __Bertolucci’s Restaurant_______ *Recorded by Archaeological Resource Management Date 1/12/2016 Continuation x Update Photo 11: Detail of decorative arches along the lower story. Photo 12: Oblique view of the building from the northeast. 211 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 22 of 24_ *Resource Name or # (Assigned by recorder) __Bertolucci’s Restaurant_______ *Recorded by Archaeological Resource Management Date 1/12/2016 Continuation x Update Photo 13: Long view of the southern façade from Miller Avenue. Photo 14: View of the rear and north façades from along Lux Avenue. 212 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 23_ of 24 *Resource Name or # (Assigned by recorder) __Bertolucci’s Restaurant_______ *Recorded by Archaeological Resource Management Date 1/12/2016 Continuation x Update Photo 15: Detail of the Bertolucci’s sign from the front. Photo 16: Detail of the Bertolucci’s sign from the rear. 213 DPR 523A (1/95) *Required Information State of California - The Resources Agency Primary # ______________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _______________________________ CONTINUATION SHEET Trinomial ______________________________ Page 24_ of 24_ *Resource Name or # (Assigned by recorder) __Bertolucci’s Restaurant_______ *Recorded by Archaeological Resource Management Date 1/12/2016 Continuation x Update Photo 17: Undated Photograph of Tisbe “Mama” Bertolucci. 214 Memorandum Date: November 6, 2015, Revised December 11, 2015 To: Ken Busch, Sares Regis From: Trisha Dudala, P.E. and Gary Black Subject: Miller Cypress Residential Project Traffic Study – South San Francisco, CA Introduction This report presents the results of the traffic study for the proposed Miller Cypress Residential project in South San Francisco, CA. The project consists of multifamily condominiums on three separate parcels identified as Parcel A (401-421 Airport Boulevard), Parcel C (405 Cypress Avenue) and Parcel D (Miller Avenue) totaling 272 dwelling units. Parcel A would consist of 160 dwelling units. Access to the building on Parcel A would be provided via full access driveways on Lux Avenue and Miller Avenue. Parcel C would consist of 12 dwelling units. Access to the building on Parcel C would be provided via full access driveways on Miller Avenue and Tamarack Lane. Parcel D would consist of 100 dwelling units and access would be provided via a full access driveway on Cypress Avenue. The project is located in the area covered by the Downtown Station Area Specific Plan, which covers properties within 0.5 miles of the City’s Caltrain Station. The City of South San Francisco has completed the Downtown Station Area Specific Plan (DSASP) and EIR that was adopted in February 2015. The land uses proposed for this project are consistent with those set forth in the DSASP EIR. Scope of Study Although the project is consistent with the DSASP EIR, this traffic study was conducted to determine if the mitigation measures of the DSASP EIR are consistent with the project development or if any additional mitigation measures would be required with the development of the proposed project. The impacts of the project were evaluated following the standards and methodologies set forth by the City of South San Francisco, San Mateo County, Caltrans, and the applicable provisions of California Environmental Quality Act (CEQA). In consultation with the City staff, the following 11 intersections were analyzed. Mitigation measures were identified at all of these intersections in the DSASP Mitigation Monitoring Report Program (MMRP). Study Intersections 1. Miller Avenue/Linden Avenue 2. Miller Avenue/Airport Boulevard 3. Grand Avenue/Spruce Avenue 4. Grand Avenue/Linden Avenue 5. Grand Avenue/Airport Boulevard 6. E. Grand Avenue/Grand Avenue 215 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 2 7. E. Grand Avenue/Gateway Boulevard 8. Baden Avenue/Linden Avenue 9. San Mateo Avenue/Poletti Way/US-101 Northbound off-ramp 10. S. Airport Boulevard/Mitchell Avenue/Gateway Boulevard 11. S. Airport Boulevard/US 101 Northbound Ramps/Wonder Color Lane The project site location and study intersections are shown on Figure 1. Traffic conditions at the intersections were analyzed for the weekday AM and PM peak hours of traffic. The AM peak hour of traffic is generally between 7:00 and 9:00 AM, and the PM peak hour is typically between 4:00 and 6:00 PM. It is during these periods that the most congested traffic conditions occur on an average weekday. Traffic conditions were evaluated for the following scenarios: 1. Existing Conditions. Existing traffic conditions were evaluated based on the level of service analysis described in the DSASP EIR. 2. Existing Plus Project Conditions. Project-generated traffic was added to the existing traffic volumes to analyze existing plus project conditions. Project generated traffic was estimated using the vehicular trip generation rates recommended by the Institute of Transportation Engineers (ITE) manual entitled Trip Generation, 9th Edition. Since the existing uses on the project site are vacant, the study does not assume any credit for trips generated by existing uses. Intersection impacts associated with the development of the proposed project were evaluated relative to existing conditions. The results of the Existing + Project conditions scenario were compared to the Existing + Project scenario in the DSASP EIR. 3. Background Conditions. This condition analyzes traffic volumes that will exist with the completion of approved projects in the study area. Based on consultations with City staff, three approved projects were identified in the study area. Trip generation for the approved projects was either based on traffic studies conducted for these projects or based on the ITE trip generation manual. Trips generated by approved projects were added to existing conditions to analyze background conditions. 4. Background Plus Project Conditions. Traffic volumes with the project (hereafter called project traffic volumes) were estimated by adding trips generated by the proposed residential project to the background conditions. Intersection impacts associated with the development of the proposed project were evaluated relative to background conditions. 216 217 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 4 Methodology Traffic conditions at the study intersections were evaluated using level of service (LOS). Level of Service is a qualitative description of operating conditions ranging from LOS A, or free-flow conditions with little or no delay, to LOS F, or jammed conditions with excessive delays. The City of South San Francisco evaluates level of service at signalized intersections based on the 2000 Highway Capacity Manual (HCM) level of service methodology. This method evaluates signalized intersection operations on the basis of average control delay time for all vehicles at the intersection. Table 1 shows the level of service definitions for signalized intersections. The City of South San Francisco defines LOS A through D as acceptable, and LOS E and F as unacceptable. Intersection traffic operations were analyzed using Synchro traffic analysis software. HCM 2000 methodology was chosen for intersection analysis based on direction from City staff and to maintain consistency with the South San Francisco DSASP EIR. Table 1 – Signalized Intersection Level of Service Definitions Based on Control Delay Source: Transportation Research Board, 2000 Highway Capacity Manual (Washington, D.C., 2000) p10-16. Level of Service Description Average Control Delay Per Vehicle (sec.) Signal progression is extremely favorable. Most vehicles arrive during the green phase and do not stop at all. Short cycle lengths may also contribute to the very low vehicle delay. 10.0 or lessA B Operations characterized by good signal progression and/or short cycle lengths. More vehicles stop than with LOS A, causing higher levels of average vehicle delay. 10.1 to 20.0 Higher delays may result from fair signal progression and/or longer cycle lengths. Individual cycle failures may begin to appear at this level. The number of vehicles stopping is significant, though may still pass through the intersection without stopping. 20.1 to 35.0C This level of delay is considered unacceptable by most drivers. This condition often occurs with oversaturation, that is, when arrival flow rates exceed the capacity of the intersection. Poor progression and long cycle lengths may also be major contributing causes of such delay levels. greater than 80.0F The influence of congestion becomes more noticeable. Longer delays may result from some combination of unfavorable signal progression, long cycle lenghts, or high volume-to-capacity (V/C) ratios. Many vehicles stop and individual cycle failures are noticeable. 35.1 to 55.0D This is considered to be the limit of acceptable delay. These high delay values generally indicate poor signal progression, long cycle lengths, and high volume-to-capacity (V/C) ratios. Individual cycle failures occur frequently. 55.1 to 80.0E Vehicle Queuing at Intersections 95th percentile queue lengths were analyzed for study intersections in the vicinity of the freeway interchanges. Chapter 16 of the HCM 2000 outlines a methodology for calculating the 95th percentile queues at signalized intersections. The 95th percentile queue indicates that vehicle 218 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 5 backups for each movement would only extend beyond this length 5 percent of the time during the analysis hour. The Synchro software program was used to determine 95th percentile vehicle queues in accordance with the HCM 2000 methodology. The standard adopted by the City of South San Francisco and Caltrans is that the 95th percentile vehicle queue must be accommodated within available storage for each off-ramp and on the approaches to intersections nearby each off-ramp that accommodate a significant amount of off-ramp traffic. In addition, no off-ramp traffic is allowed to back up to the freeway mainline during the entire AM or PM peak traffic hour. 95th percentile vehicle queues were analyzed for the following five study intersections in the vicinity of freeway interchanges:  #2. Miller Avenue/Airport Boulevard  #5. Grand Avenue/Airport Boulevard  #9. San Mateo Avenue/Poletti Way/US-101 Northbound off-ramp  #10. S. Airport Boulevard/Mitchell Avenue/Gateway Boulevard  #11. S. Airport Boulevard/US 101 Northbound Ramps/Wonder Color Lane Regulatory Framework Existing policies, laws and regulations that apply to the proposed project are summarized below. The City of South San Francisco has jurisdiction over all City streets and City-operated traffic signals. State Routes, including US-101, are under the jurisdiction of California Department of Transportation (Caltrans). Public transit agencies with operations in the study area are SamTrans, Caltrain, and BART. Caltrans Caltrans is responsible for the maintenance and operations of State routes and highways. In South San Francisco, Caltrans’s facilities include US-101. The City recognizes that “Caltrans endeavors to maintain a target LOS at the transition between LOS C and LOS D on State highway facilities”; however, Caltrans acknowledges that this may not always be feasible and recommends that the lead agency consult with Caltrans to determine the appropriate target LOS. In addition, Caltrans states that for existing State highway facilities operating at less than the target LOS, the existing LOS should be maintained. City of South San Francisco General Plan The transportation and Circulation Element of the City of South San Francisco General Plan addresses the location and extent of existing and planned transportation routes, terminals, and other public utilities and facilities. The General Plan identifies roadway and transit goals and policies that have been adopted to ensure that the transportation system of the City will have adequate capacity to serve planned growth. These goals and policies are intended to provide a plan and implementation measures for an integrated, multi-modal transportation system that will safely and efficiently meet the transportation needs of all economic and social segments of the City. Thresholds of Significance The City of South San Francisco defines LOS A through D as acceptable, and LOS E and F as unacceptable. The following guidelines have been outlined in the City of South San Francisco General Plan (City of South San Francisco 1999):  Strive to maintain LOS D or better on arterial and collector streets. 219 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 6  Accept LOS E or F after finding that there is no feasible and practical way to mitigate the lower level of service, and the uses resulting in the lower level of service are of clear overall public benefit.  Exempt development within 0.25 mile of a Caltrain or BART station, or a ferry terminal from LOS standards. According to CEQA guidelines, a project would also have a significant impact if it would:  Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including, but not limited to, intersections, streets, highways and freeways, pedestrian and bicycle paths and mass transit.  Conflict with an applicable congestion management program, including, but not limited to, level-of-service standards, and travel demand measures, or other standards established by a county congestion management agency for designated roadways.  Result in inadequate emergency vehicle access.  Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities.  Result in an internal circulation system design that does not meet City standards. The significance criteria below are used to determine whether implementation of the proposed project would result in significant environmental impacts that require mitigation. Intersection Impact Criteria A project will result in a significant traffic impact at intersections:  If a signalized intersection with base traffic volumes is operating at an acceptable LOS (LOS D or better) deteriorates to an unacceptable operation (LOS E or F) with the addition of project traffic and the total traffic volume through the intersection increases by at least two percent (2%); or  If a signalized intersection is already operating at an unacceptable LOS and the proposed project increases the total traffic volume at the intersection by at least two percent (2%); or  If the addition of project traffic at intersections in the vicinity of freeway interchanges would increase acceptable baseline 95th percentile vehicle queues to unacceptable levels (as determined by the Synchro software program and the storage length of each movement), or, if baseline 95th percentile vehicle queues are already at unacceptable levels, the project would increase the traffic volume in the queue by at least one percent (1%). Existing Roadway Network Regional access to the project study area is provided by US 101. US 101 is a north-south major freeway through eastern San Mateo County between San Francisco and San Jose. It is the primary north/south route connection to I-280 and I-80 north of South San Francisco. US-101 is typically congested in both directions during both peak periods as people commute to and from San Francisco and the Silicon Valley. Access to the freeway from the project site is provided via interchanges at Miller Avenue, Airport Boulevard, and E. Grand Avenue. 220 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 7 The following roadways provide local access to the site: Airport Boulevard is a major north/south arterial route through South San Francisco parallel to US- 101. North of Grand Avenue, Airport Boulevard has two travel lanes in each direction. Airport Boulevard is immediately adjacent to the eastern boundary of Parcels A and D and intersects Miller Avenue and Lux Avenue in the vicinity of the project site. Grand Avenue is a two- to six-lane roadway that extends from Mission Road, to its termination point at Point San Bruno Park. Near the project site, west of US-101, Grand Avenue has one travel lane in each direction with on-street angled parking on both sides of the street. Grand Avenue intersects Airport Boulevard and Cypress Avenue in the vicinity of the project site. Miller Avenue is a two-lane local roadway that extends west from Airport Boulevard and terminates at Chestnut Avenue. There are traffic signals at its intersections with Airport Boulevard, Spruce Avenue, and Walnut Avenue, but the other intersections are controlled by stop signs. Miller Avenue is immediately adjacent to the southern project boundary of Parcels A and C and the northern boundary of Parcel D, Linden Avenue is a two-lane local roadway that extends north from San Mateo Avenue at the city limits and terminates at Airport Boulevard. There are traffic signals at most major intersections with the remainder of its intersections controlled by stop signs. Linden Avenue intersects Grand Avenue, 4th Lane, Miller Avenue, Tamarack Lane and Lux Avenue in the vicinity of the project site. Lux Avenue is a two-lane roadway that extends from Airport Boulevard to Spruce Avenue. Lux Avenue is immediately adjacent to the northern project boundary of Parcel A and provides direct access to the site via a single full-access driveway. Cypress Avenue is a one way northbound road that extends from Armour Avenue to Baden Avenue. Cypress Avenue is immediately adjacent to the western project boundary of Parcels A and D and provides direct access to Parcel D via a single full-access driveway. Tamarack Lane is a one way westbound road that extends from Cypress Avenue and terminates near Laurel Avenue. Tamarack Lane is immediately adjacent to the northern project boundary of Parcel C and provides direct access to Parcel C via a single full-access driveway. Existing Bicycle and Pedestrian Facilities Bicycle facilities include bike paths, bike lanes, and bike routes. Bike paths (Class I facilities) are pathways, separate from roadways, which are designated for use by bicycles. Often, these pathways also allow pedestrian access. Bike lanes (Class II facilities) are lanes on roadways designated for use by bicycles with special lane markings, pavement legends, and signage. Bike routes (Class III) are existing rights-of-way that accommodate bicycles but are not separate from the existing travel lanes. Routes are typically designated only with signs. In the project study area there are existing bike lanes (Class II) in both directions on Airport Boulevard that begin north of Miller Avenue. Miller Avenue and Linden Avenue are marked as Class III bicycle routes. The Bike route on Linden Avenue extends from Airport Boulevard to San Mateo Avenue. The Bike route on Miller Avenue extends from Airport Boulevard to Chestnut Avenue, passing by City Hall. 221 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 8 Sidewalks are provided on all streets in the immediate vicinity of the project except on Tamarack Lane and 4th Lane. The proposed project would construct a sidewalk along the project frontage on Tamarack Lane. Existing Transit Service Existing transit service to the study area is provided by the San Mateo County Transit District (SamTrans), and Caltrain. Bus transit in the area is provided by SamTrans. The following lines serve the project area: SamTrans 131 stops at the Linden Avenue / Miller Avenue intersection, and connects to Downtown South San Francisco, South San Francisco BART station, and Daly City. This line provides service in both directions between 5:45 AM and 10:45 PM with 15-minute headways during peak weekday hours. SamTrans 133 stops at the Linden Avenue/ Miller Avenue intersection and connects to Downtown South San Francisco and San Bruno BART station. This line provides service in both directions between 6:00 AM and 7:00 PM with 30-minute headways during peak weekday hours. SamTrans 37 stops at the Linden Avenue/ Miller Avenue intersection and connects Alta Loma Middle School and Hillside Drive twice a day – before and after school. Service is provided only on school days. SamTrans 292 stops at the Airport Boulevard/Grand Avenue, Airport Boulevard/Baden Avenue, and Airport Boulevard/Linden Avenue intersections and connects to San Francisco to the north and Hillsdale/San Mateo to the south. This line provides service in both directions between 4:00 AM and 2:00 AM, with 20- to 30-minute headways during peak weekday hours. SamTrans 397 stops at the Airport Boulevard/Baden Avenue intersection, and connects to San Francisco to the north and Palo Alto to the south. This line provides service between 1:00 AM and 6:00 AM with 60-minute headways. The nearest bus stop on Linden Avenue is located less than one-quarter mile from the proposed three parcels while the nearest bus stop on Airport Boulevard is located less than one-quarter mile from the project sites. Continuous sidewalks are available for pedestrians walking between the proposed project and the nearest bus stops. Caltrain Caltrain provides commuter rail service between San Francisco and Gilroy. The project is located about 0.25 miles southwest of the South San Francisco Caltrain station, which is located at 590 Dubuque Avenue, on the east side of US-101, immediately north of East Grand Avenue. Caltrain provides service at this station with approximately 30 to 60-minute headways during the weekday commute hours. Existing Intersection Operations This section describes the existing operations analysis based on the analysis presented in the South San Francisco DSASP EIR. Each study intersection was analyzed using existing lane configurations, existing AM and PM peak hour turning movement counts and existing traffic signal timing data. The existing lane configurations at the study intersections are shown on Figure 2 and 222 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 9 the existing traffic volumes are shown on Figure 3. Existing traffic volumes are based on the DSASP EIR. The existing intersection LOS analysis is show in Table 2. The analysis shows that all study intersections are currently operating at acceptable LOS D or better during both the AM and PM peak hours except for the intersection of Baden Avenue/Linden Avenue. The analysis shows that the intersection of Baden Avenue/Linden Avenue currently operates at LOS F during the PM peak hour. The poor level of service at this intersection during the PM peak hour is primarily because of the heavy westbound left-turn traffic volume and permitted signal phasing at this intersection. Although the LOS is shown to be D, occasionally traffic operates at near-capacity conditions along Airport Boulevard. The LOS shown in Table 2 is based on the average weighted delay for all movements at the intersection. Although the average weighted delay is acceptable at most of the study intersections, at some intersections, some vehicle movements may operate worse than the total intersection, which indicates congestion and queues on some approaches but not others. 223 224 225 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 12 Table 2 Existing Conditions Intersection LOS Analysis  IDIntersection Peak PeriodDelay 1 LOS 1Miller Ave/Linden AveAM21.2C PM34.9C 2Miller Ave/Airport BlvdAM28.2C PM19.3B 3Grand Ave/Spruce AveAM19.2B PM16.5B 4Grand Ave/Linden Ave AM11.5B PM12.7B 5Grand Ave/Airport Blvd AM40.7D PM44.6D 6Grand Ave/E. Grand  Ave AM19.5B PM16.8B 7E. Grand  Ave/Gateway Blvd AM33.5C PM36D 8Baden Ave/Linden Ave AM39.2D PM 85.2 (0.92)F 9San Mateo  Ave/Airport Blvd AM37.1D PM51.2D 10So. Airport Blvd/Gateway  Blvd AM38.4D PM42.5D 11101 NB/So. Airport Blvd. Off  Ramp & So. Airport BlvdAM29.4C PM34.8C Existing 1 Delay reported is the weighted  average delay for  all movements  in seconds  reported by Synchro 9  using  HCM 2000 Methodology. For intersections  performing at LOS F, volume/capacity ratio for  the overall   intersection  is shown in parenthesis. Vehicle queues for the five study intersections in the vicinity of freeway ramps were analyzed under existing AM and PM peak hours using Synchro software. The results of the existing intersection queuing analysis are presented in Table 3. As shown in Table 3, at all of the study intersections in the vicinity of freeway ramps, the 95th percentile vehicular queues for all turning movements are accommodated within the available storage length during the AM and PM peak hours except for the intersection of San Mateo Avenue and Airport Boulevard. At the intersection of San Mateo Avenue and Airport Boulevard, the existing conditions analysis shows that the 95th percentile queue lengths for the westbound right-turn lane, northbound left-turn lane, and southbound left-turn exceed the available storage capacities during at least one of the peak hour periods. 226 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 13 Table 3 Existing Vehicle Queuing at Freeway Interchange Intersections  IDIntersection ‐ Movement AM Peak PM Peak  2 Eastbound Right Turn 680124 68 Westbound Left Turn 465213 153 Westbound Through 465217 254 Northbound Through 22077 82 Southbound Through 360200 77 5 Eastbound Through 665392 222 Eastbound Right Turn 66537 39 Westbound Left Turn 67046 425 Westbound Through 67054 269 Westbound  Right Turn 24013 51 Northbound Left Turn 15041 49 Northbound Through 410188 262 Northbound  Right Turn410119 15 Southbound Left Turn 390335 118 Southbound Through 390230 228 Southbound  Right Turn18045 43 9 Eastbound Left Turn 15069 121 Eastbound Through 37097 102 Eastbound Right Turn 15049 104 Westbound Left Turn 225196 529 Westbound Through 810165 341 Westbound  Right Turn 85 100 243 Northbound Left Turn 130 177 109 Northbound Through 30056 40 Southbound Left Turn 150119 179 Southbound Through 1550360 546 Southbound  Right Turn155012 26 10 Eastbound Left Turn 14088 56 Eastbound Through 730294 248 Eastbound Right Turn 730147 91 Northbound Left Turn 30098 183 Northbound Through 93072 42 Northbound  Right Turn930 0 0 11 Eastbound Left Turn 800375 272 Eastbound Through 800366 273 Eastbound Right Turn 22542 23 Westbound Through 200 0 0 Westbound  Right Turn 200 0 0 Northbound Left Turn 29571 159 Northbound Through 63538 96 Southbound Left Turn 10018 39 Southbound Through 1080183 379 Southbound  Right Turn12537 81 101 NB/So. Airport Blvd. Off Ramp & So. Airport Blvd Bold and  shaded= 95th percentile queue exceeds storage length. Existing Miller Ave/Airport Blvd Grand Ave/Airport Blvd San Mateo Ave/Airport Blvd Storage  Distance   (feet) 95th Percentile Queue  (feet) So. Airport Blvd/Gateway Blvd 227 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 14 Existing Plus Project Conditions This section describes the impacts of the proposed project on existing conditions. The magnitude of traffic produced by a new development and the locations where that traffic would appear are estimated using a three-step process: (1) trip generation, (2) trip distribution, and (3) trip assignment. In determining project trip generation, the magnitude of traffic entering and exiting the site is estimated for the AM and PM peak hours. As part of the project trip distribution, an estimate is made of the directions to and from which the project trips would travel. In the project trip assignment, the project trips are assigned to specific streets. These procedures are described further in the following sections. Project Trip Generation AM and PM peak hour trip generation estimates for the proposed project are based on trip rates obtained from the Institute of Transportation Engineers’ (ITE) publication Trip Generation, Ninth Edition for Condominium/Townhouse (ITE Land Use 230) and are shown in Table 4. Since the project is located in the downtown area within walking distance of numerous transit connections, the vehicle trip rate per unit is expected to be less than the rates shown in Table 4. However, to be conservative, no reductions were applied to the trip generation analysis. Also no credit was given for existing uses as the existing buildings/surface parking lots are currently vacant and do not generate any trips. It is estimated that the proposed project will generate 137 AM peak hour trips and 159 PM peak hour trips on a regular weekday. Table 4 Project Trip Generation DailyDailyPk-Hr Pk-Hr Land Use Trip Rates1 TripsRate1 InOutInOutTotalRate1 InOutInOutTotal Parcel A160units6.059680.4717%83%1362750.5567%33%592988 Parcel D100units6.436430.5217%83%943520.6067%33%402060 Parcel C12units8.471020.8317%83%28100.8867%33%7411 Total24114137 10653159 Source: ITE Trip Generation, 9th Edition, 2012. Size 1Trip generation using fitted curve equation(am and pm) from the ITE Trip Generation Manual (Land Use 230, Residential Condominium / Townhouse) AM Peak Hour PM Peak Hour Splits Trips Splits Trips Trip Distribution Pattern and Trip Assignment The trip distribution pattern for the project was estimated consistent with the trip distribution assumptions presented in the DSASP EIR for the West area (west of US 101) and shown on Figure 4. These distribution estimates were developed based on the location of complementary land uses, existing travel patterns in the area and the Metropolitan Transportation Commission (MTC) regional travel demand model. The net project trips assigned to the study intersections are shown on Figure 5. Existing Plus Project Traffic Volumes The project trips were added to the existing traffic volumes to obtain existing plus project traffic volumes (see Figure 6). 228 229 230 231 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 18 Existing plus Project Intersection Operations The results of the intersection levels of service analysis under existing plus project conditions are shown in Table 5. Table 5 Existing plus Project Intersection Operations  IDIntersection Peak PeriodDelay 1 LOSDelay 1 LOS 1Miller Ave/Linden Ave AM21.4C24.9C PM35.2D43.6D 2Miller Ave/Airport Blvd AM28.2C29.5C PM19.3B20.7C 3Grand Ave/Spruce Ave AM16.0B16.4B PM18.2B18.3B 4Grand Ave/Linden Ave AM12.9B13.0B PM13.5B13.7B 5Grand Ave/Airport Blvd AM41.1D43.5D PM44.7D48.4D 6Grand Ave/E. Grand  Ave AM20.5C20.1C PM16.9B18.1B 7E. Grand  Ave/Gateway Blvd AM34.3C34.2C PM34.9C36.0D 8Baden Ave/Linden Ave AM39.5D39.5D PM 85.9 (0.92)F86.0 (0.92)F 9San Mateo  Ave/Airport Blvd AM38.3D37.3D PM51.6D53.5D 10So. Airport Blvd/Gateway BlvdAM37.4D37.4D PM43.0D43.0D 11 101 NB/So. Airport Blvd. Off Ramp &  So. Airport Blvd AM30.1C30.1C PM33.2C33.2C ExistingExisting Plus Project 1 Delay reported is the weighted average delay for all movements  in seconds reported by Synchro 9 using HCM  2000 Methodology. For intersections  performing at LOS F, volume/capacity ratio for  the overall  intersection  is  shown in parenthesis. As shown in Table 5, with the addition of project trips, all study intersection would continue to operate at an acceptable LOS D or better during both the AM and PM peak hour periods except for the following intersection. Baden Avenue/Linden Avenue – This intersection operates at an unacceptable LOS F during the PM peak hour under existing conditions and would continue to operate at unacceptable LOS F during the PM peak hour with the proposed project. The project would add trips less than 2% of existing traffic volumes to this intersection and would increase the average delay at the intersection 232 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 19 by only 0.1 seconds during the PM peak hour. The volume to capacity ratio would not change with the proposed project. Based on the impact criteria, the project would create a less than significant impact at this intersection. The following mitigation measures were identified for this intersection in the DSASP EIR. Mitigation Measure MM4.10-4 in DSASP EIR – With the implementation of the DSASP EIR, traffic conditions at the intersection of Baden Avenue and Linden Avenue would exacerbate the unacceptable LOS F in the PM peak hour under existing plus project conditions. Implementation of mitigation measure MM4.10-4 in the DSASP EIR would reduce this impact to a less-than-significant level during the PM peak hour. The mitigation includes adding a southbound left-turn pocket by removing existing parking and retime and optimize the traffic signal to reallocate green time to better serve future volumes. 95th percentile vehicle queues for the five study intersections in the vicinity of freeway ramps were analyzed under existing plus project AM and PM peak hours using Synchro software. The results of the existing intersection queuing analysis are presented in Table 6. As shown in Table 6, under existing plus project conditions, the 95th percentile vehicular queues for all turning movements would be accommodated within the available storage capacities during the AM and PM peak hours at all intersections except for the intersection of San Mateo Avenue/Airport Boulevard intersection. However, the project would not add any traffic to this intersection and would not cause any impacts. The following mitigation measures were identified for this intersection in the DSASP EIR. Mitigation Measure MM4.10-5 in DSASP EIR - With the implementation of the DSASP EIR, the intersection of San Mateo Avenue/Airport Boulevard is expected to operate at unacceptable LOS F during the PM peak hour under existing plus project conditions. Implementation of mitigation measure MM4.10-5 would improve traffic operations at this intersection during the AM and PM peak hours. The mitigation includes modifying the westbound approach to add a left-turn pocket, modifying the approach to include three left- turn lanes, one through lane, and one right-turn lane, and optimizing the traffic signal to reallocate green time to better serve future volumes. Implementation of this mitigation measure would cause the intersection to operate at acceptable conditions and accommodate the 95th percentile queues for all turning movements within the available storage capacity. 233 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 20 Table 6 Existing plus Project 95th Percentile Vehicular Queues  IDIntersection ‐ MovementAM Peak PM Peak AM PeakPM PeakAM PeakPM Peak 2 Eastbound Right Turn6801246815679  ‐  ‐  Westbound Left Turn465213153234175  ‐  ‐  Westbound Through 465217254233276  ‐  ‐  Northbound Through 220778281100  ‐  ‐  Southbound Through 3602007720678  ‐  ‐  5 Eastbound Through 665392222444238  ‐  ‐  Eastbound Right Turn 66537393839  ‐  ‐  Westbound Left Turn 6704642546431  ‐  ‐  Westbound Through 6705426955301  ‐  ‐  Westbound  Right Turn 24013511562  ‐  ‐  Northbound Left Turn 15041494558  ‐  ‐  Northbound Through 410188262188262  ‐  ‐  Northbound  Right Turn4101191512116  ‐  ‐  Southbound Left Turn 390335118371117  ‐  Southbound Through 390230228280243  ‐  ‐  Southbound  Right Turn18045435649  ‐  ‐  9 Eastbound Left Turn 1506912170123  ‐  ‐  Eastbound Through 3709710297104  ‐  ‐  Eastbound Right Turn 1504910449104  ‐  ‐  Westbound Left Turn 225196 529 196 529  ‐ 0% Westbound Through 810165341165341  ‐  ‐  Westbound  Right Turn 85 100243100243 0%0% Northbound Left Turn 130 177 109 177 1090% ‐  Northbound Through 30056405640  ‐  ‐  Southbound Left Turn 150119 179 115 179  ‐ 0% Southbound Through 1550360546391560  ‐  ‐  Southbound  Right Turn155022261228  ‐  ‐  10 Eastbound Left Turn 14088568856  ‐  ‐  Eastbound Through 730294248294248  ‐  ‐  Eastbound Right Turn 7301479114791  ‐  ‐  Northbound Left Turn 3009818398183  ‐  ‐  Northbound Through 93072427242  ‐  ‐  Northbound  Ri ght Turn93000 00  ‐  ‐  11 Eastbound Left Turn 800375272375272  ‐  ‐  Eastbound Through 800366273366273  ‐  ‐  Eastbound Right Turn 22542234223  ‐  ‐  Westbound Through 20000 00  ‐  ‐  Westbound  Right Turn 20000 00  ‐  ‐  Northbound Left Turn 2957115971159  ‐  ‐  Northbound Through 63538963896  ‐  ‐  Southbound Left Turn 10018391839  ‐  ‐  Southbound Through 1080183379183379  ‐  ‐  Southbound  Right Turn12537813781  ‐  ‐  Existing Storage  Distance   (feet) 95th Percentile Queue (feet) Existing plus Project Volume Increasea Miller Ave/Airport Blvd Grand Ave/Airport Blvd San Mateo Ave/Airport Blvd So. Airport Blvd/Gateway Blvd 101 NB/So. Airport Blvd. Off Ramp & So. Airport Blvd In existing condition, Bold and shaded= 95th percentile queue exceeds storage length; In Existing plus project, Bold and  shaded = potentially significant impact aVolume Increased is calculated as the  increase in volume for that particular movement, and is only shown for movements  that are  already exceeding storage under baseline conditions. 234 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 21 Background and Background plus Project Conditions Traffic volumes for background conditions were developed by adding trips from approved projects in the vicinity of the proposed project to the existing traffic volumes. Based on discussion with City staff, the following projects were identified as approved projects for consideration under background conditions.  418 Linden Avenue (Renamed to 488 Linden Avenue) – 38 apartment units  300 Miller Avenue – 81 senior housing units  211 Airport Boulevard – 83 apartment units Trip generation for the approved projects is shown in Table 7. As shown in Table 7, the three approved projects are expected to generate a total of 46 trips during the AM peak hour and 74 trips during the PM peak hour. These trips were added to existing traffic volumes to obtain traffic volumes for analysis under background conditions. Trips from approved projects were assigned to the study intersections based on the trip distribution assumptions developed for the West area in the DSASP EIR. Table 7 Approved Project Trips Daily Land UseTripsInOutTotalInOutTotal 418 / 488 Linden 1 3853993544402262 300 Miller Avenue 2 812794121611920 211 Airport Apt 3 83-77-2410-144-12-8 Total-115746551974 Notes: 3 Trip generation based on Trip Generation Analysis for the 211 Airport Boulevard, prepared by LSA Associates in May 2015. AM Trips PM TripsResidential Units 1Trip generation based on fitted curve equation for Land Use 220 - 'Apartment' from the Institute of Transportation Engineers (ITE) Trip Generation Manual (9th Edition). 2 Trip generation based on Traffic Impact Analysis (TIA) for the 300 Miller Avenue Senior Housing Project prepared by Abrams Associates in September 2015. Traffic volumes under background conditions are shown on Figure 7. Background plus project traffic volumes were developed by adding project trips to background volumes. Background plus project traffic volumes are shown on Figure 8. Intersection operations analysis for background and background plus project conditions are shown in Table 8. 235 236 237 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 24 Table 8 Background and Background Plus Project Intersection Operations  IDIntersection Peak PeriodDelay 1 LOSDelay 1 LOS 1Miller Ave/Linden Ave AM21.8C25.3C PM36.2D44.8D 2Miller Ave/Airport Blvd AM28.5C29.7C PM20.0B21.8C 3Grand Ave/Spruce Ave AM16.1B16.5B PM18.3B18.6B 4Grand Ave/Linden Ave AM13.3B13.6B PM13.8B14.0B 5Grand Ave/Airport Blvd AM41.8D45.0D PM45.9D50.0D 6Grand Ave/E. Grand  Ave AM20.6C20.0B PM17.5B18.7B 7E. Grand  Ave/Gateway Blvd AM34.3C34.2C PM35.5D36.4D 8Baden Ave/Linden Ave AM39.6D39.7D PM 86.1 (0.93)F86.3 (0.93)F 9San Mateo  Ave/Airport Blvd AM37.4D37.0D PM52.4D54.1D 10So. Airport Blvd/Gateway BlvdAM37.5D37.5D PM43.0D43.0D 11 101 NB/So. Airport Blvd. Off Ramp &  So. Airport Blvd AM30.3C30.3C PM33.3C33.3C Background Background Plus  Project 1 Delay reported is the weighted average delay for all movements  in seconds reported by Synchro 9  using HCM  2000 Methodology. For intersections  performing at LOS  F, volume/capacity ratio for the overall  intersection  is  shown in parenthesis. As shown in Table 8, all study intersections would continue to operate at acceptable LOS D or better during the AM and PM peak hours under background conditions and would continue to operate at acceptable conditions with the proposed project except for the intersection of Baden Avenue and Linden Avenue. The intersection of Baden Avenue and Linden Avenue would operate at unacceptable LOS F during the PM peak hour under background conditions and would continue to operate at unacceptable LOS F with the proposed project. Based upon the impact criteria, the proposed project would add less than 2% of the background traffic volumes and therefore would not create a significant impact at this intersection. The proposed project would increase the average delay at this intersection by only 0.2 seconds during the PM peak hour period under background plus project conditions. The DSASP EIR identified mitigation measures (MM4.10-4) at this intersection, which include adding a southbound left-turn pocket by removing existing parking and retiming and optimizing the traffic signal to reallocate green time to better serve future volumes. The 238 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 25 implementation of these mitigation measures are expected to improve traffic operations during the PM peak hour. The 95th percentile vehicle queues for the five study intersections in the vicinity of freeway ramps under background and background plus project conditions during the AM and PM peak hours are shown in Table 9. As shown in Table 9, under background and background plus project conditions, the 95th percentile vehicular queues for all turning movements are accommodated within the available storage length during the AM and PM peak hours except for the intersection of San Mateo Avenue/Airport Boulevard. However the project would not add any traffic to this intersection and would not cause any impacts. The proposed mitigation measures for this intersection identified as MM4.10-5 in the DSASP EIR includes modifying the westbound approach to add a left-turn pocket, modifying the approach to include three left-turn lanes, one through lane, and one right-turn lane, and optimizing the traffic signal to reallocate green time to better serve future volumes. Implementation of this mitigation measure would allow the intersection to accommodate the 95th percentile queues for all turning movements within the available storage capacity under background conditions. 239 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 26 Table 9 Background and Background plus Project Conditions 95th Percentile Queue Lengths  IDIntersection ‐ Movement AM Peak PM Peak AM PeakPM PeakAM PeakPM Peak 2 Eastbound Right Turn68013172 162 82  ‐  ‐  Westbound Left Turn465215154 233175  ‐  ‐  Westbound Through465217272 238291  ‐  ‐  Northbound Through22076 87 81115  ‐  ‐  Southbound Through36020077 206 78  ‐  ‐  5 Eastbound Through665422227 476244  ‐  ‐  Eastbound Right Turn66540 39 40 39  ‐  ‐  Westbound Left Turn67046428 46432  ‐  ‐  Westbound Through67054292 57325  ‐  ‐  Westbound  Right Turn24014 57 15 70  ‐  ‐  Northbound Left Turn15043 51 47 59  ‐  ‐  Northbound Through410188263 187262  ‐  ‐  Northbound  Right Turn41012016 123 16  ‐  ‐  Southbound Left Turn390335117 372117  ‐  Southbound Through390234232 282247  ‐  ‐  Southbound  Right Turn18047 40 56 48  ‐  ‐  9 Eastbound Left Turn15069121 69125  ‐  ‐  Eastbound Through37097103 97104  ‐  ‐  Eastbound Right Turn15049104 49105  ‐  ‐             Westbound Left Turn225196 530 196 530  ‐ 0% Westbound Through810165342 165342  ‐  ‐  Westbound  Right Turn85 97242 97242 0%0% Northbound Left Turn130 177 109 177 1090% ‐  Northbound Through30056 40 56 40  ‐  ‐  Southbound Left Turn150119 178 116 178  ‐ 0% Southbound Through1550375552 406566  ‐  ‐  Southbound  Right Turn155013 27 13 28  ‐  ‐  10 Eastbound Left Turn14088 55 88 56  ‐  ‐  Eastbound Through730294248 294248  ‐  ‐  Eastbound Right Turn73014791 147 91  ‐  ‐  Northbound Left Turn30095184 95184  ‐  ‐  Northbound Through93070 42 70 42  ‐  ‐  Northbound  Right Turn9300 0 0 0  ‐  ‐  11 Eastbound Left Turn800373272 373272  ‐  ‐  Eastbound Through800366273 366273  ‐  ‐  Eastbound Right Turn22542 23 42 23  ‐  ‐  Westbound Through2000 0 0 0  ‐  ‐  Westbound  Right Turn2000 0 0 0  ‐  ‐  Northbound Left Turn29572159 72159  ‐  ‐  Northbound Through63538 96 38 96  ‐  ‐  Southbound Left Turn10018 39 18 39  ‐  ‐  Southbound Through1080177379 177380  ‐  ‐  Southbound  Right Turn12537 81 37 81  ‐  ‐  In Background condition, Bold and Shaded= 95th percentile queue exceeds storage length; In Background plus project  condition, Bold and Shaded = potentially significant impact aVolume Increased is calculated as the increase in volume for that particular movement, and is only shown for movements  that are already  exceeding storage under baseline conditions. Miller Ave/Airport Blvd Grand Ave/Airport Blvd San Mateo Ave/Airport Blvd Background plus Project Volume Increasea 95th Percentile Queue (feet)Storage  Distance   (feet) Background So. Airport Blvd/Gateway Blvd 101 NB/So. Airport Blvd. Off Ramp & So. Airport Blvd 240 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 27 Site Access and On-Site Circulation The site access and on-site circulation evaluation is based on the October 19, 2015 Entitlement Submittal Set site plans for Parcel A, Parcel C and Parcel D prepared by TCA Architects (Figures 9, 10 and 11). Site Access Project trips that would be generated at driveways to Parcels A, C and D based on the trip generation estimates in Table 4 are shown on Figure 12. Parcel A – Access to the building on Parcel A would be provided via a full access driveway on Miller Avenue and also via a full access driveway on Lux Avenue. The driveway on Miller Avenue would provide access to level 1 and the driveway on Lux Avenue would provide access to level 2 of the parking garage. The two parking garages are not shown to be connected. Providing no connection between the two parking levels should not pose a problem, as long as all resident parking is assigned. If parking is not assigned, then some vehicle circulation would need to occur between the two parking levels via Cypress Avenue. The two parking levels would contain a total of 177 parking stalls. Long term bicycle parking is provided on parking level 2. Parcel C – Access to the 12 townhomes on Parcel C would be provided via one driveway on Miller Avenue and one driveway on Tamarack Lane. These driveways would provide access to 21 on-site parking spaces (16 parking spaces in individual garages and 5 open parking stalls). The site plan shows that for townhomes fronting Tamarack Lane, the garages can be directly accessed from Tamarack Lane. This should not pose a problem given the low traffic volumes and one-directional traffic flow on Tamarack Lane. It is our understanding that the City does not favor the driveway on Miller Avenue. Site access to Parcel C would be adequate with just one driveway provided on Tamarack Lane. Parcel D – Access to the building on Parcel D would be provided via two driveways on Cypress Avenue. The driveway on the south would provide access to level 1 and the driveway to the north would provide access to level 2 of the parking garage. The two parking garages are not shown to be connected. Providing no connection between the two parking levels should not pose a problem, so long as all resident parking is assigned. If parking is not assigned, then some vehicle circulation would need to occur between the two parking levels via Cypress Avenue. The two parking levels would contain a total of 122 parking spaces. It is noted that the project is considering relocating the driveway to parking level 2 onto Airport Boulevard. Due to the median, the driveway on Airport Boulevard would be restricted to right turns only into and out of the project. Site access would be adequate with the proposed relocation of the driveway to Airport Boulevard. The site plan shows that all driveways to the three parcels vary between 20 feet and 30 feet measured at the throat, which would be adequate for vehicle ingress and egress for residential development. Sight Distance at the Project Driveways In general, the project driveways should be free and clear of any obstructions to optimize sight distance. Hexagon recommends that standard no parking zones be established adjacent to the project driveways to ensure that exiting vehicles can see pedestrians on the sidewalk, as well as vehicles on the road. Any landscaping and signage should be located in such a way to ensure an unobstructed view for drivers exiting the site. Since the site plan shows no building set-backs, it appears that a pedestrian warning system would be required at the project driveways for Parcels A and D to alert pedestrians when a vehicle is exiting the project driveways. 241 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 28 On-Site Circulation On-site vehicular circulation was reviewed in accordance with City of South San Francisco Zoning Ordinance and generally accepted traffic engineering standards. All parking garage levels would contain 90-degree parking. The City’s standard width for two-way drive aisles is 25 feet wide where 90-degree parking is provided. This allows sufficient room for vehicles to back out of parking spaces. According to the site plan, the drive aisles on all parking levels measure 24 feet wide. Based on generally accepted traffic engineering standards, a two-way drive aisle that is 24 feet wide would be adequate for vehicles to maneuver in and out of the 90- degree parking stalls. Other neighboring cities have allowed two-way drive aisles less than 25 feet. Since the City of South San Francisco evaluates each project design on a case-by-case basis, the project applicant should coordinate with City staff to determine if the proposed drive aisle widths are acceptable to serve the project. Overall, vehicular circulation on all parking garage levels would be adequate. The site plan for Parcel A shows two dead-end drive aisles on level 1 and one dead-end drive aisle on level 2 of the parking garage. The site plan for Parcel D shows two dead-end drive aisles on level 1 and two dead-end parking aisles on level 2 of the parking garage. In general, dead-end aisles can be problematic if they contain unassigned parking spaces, since drivers can enter the aisle and upon discovering that there is no available parking must either back out or conduct three- point maneuvers. Dead-end aisles typically are less problematic and would not create any on-site circulation issues as long as the parking spaces are assigned to residents. The site plan shows that adequate space is provided at the end of all dead-end parking aisles adjacent to the last parking stall to enable vehicles to back out of these stalls. Truck Access Garbage truck access for Parcel A would occur on Lux Avenue and for Parcel D on Cypress Avenue. For Parcel C, garbage truck access would be provided on site. The garbage truck can access the trash enclosure provided at the back end of townhomes along Tamarack Lane by entering via either of the project driveways on Miller Avenue or Tamarack Lane and back out 90- degress along the parking aisle adjacent to the on-site open parking spaces in order to egress Parcel C. The site plan does not show any on-site loading zones. The project should provide designated areas along the project frontage for moving/delivery trucks. Fire and emergency access to the buildings on Parcels A and D would likely occur from the streets fronting the project. Pedestrian Access and Circulation The site plan shows that sidewalks would be constructed along the project frontages on Airport Boulevard, Miller Avenue, Cypress Avenue and Lux Avenue for Parcel A, along the project frontages on Cypress Avenue, Miller Avenue and Airport Boulevard for Parcel D and along the project frontage on Miller Avenue and Tamarack Lane for Parcel C. The site plans show that the project would construct pedestrian bulbouts on all four corners of the Miller Avenue/Cypress Avenue intersection. The project would also build pedestrian bulbouts on two corners of the Miller Avenue/Airport Boulevard intersection, west of Airport Boulevard. 242 24 3 24 4 24 5 24 6 24 7 248 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 35 Parking Calculation of Vehicular Parking Requirement The proposed project is located within the downtown area. Parking analysis for the proposed project was based on the parking requirement consistent with the City of South Francisco Parking Ordinance (20.330.007 - Downtown Parking). Parking requirements for the proposed project were calculated based on the following parking ratios for multi-family dwelling units: :  Studio and less than 500 sq ft – 1 space per unit maximum.  One-bedroom or 500 to 800 sq ft - 1 space minimum.  Two-bedroom or 801 to 1,100 sq ft - 1.5 spaces minimum  Three or more bedrooms and 1,101 sq ft or larger - 2 plus an additional .5 space for each additional sleeping room over 3 Parking calculations for the individual parcels are shown in Table 10. Table 10 Proposed Project – Vehicular Parking Parcel Studio / 1 bed 2 bed3 bed A87694199174 C  ‐ 842021 D5644 ‐ 122122 B* ‐  ‐  ‐  ‐ 25 Total1431218341342 # of units *Additional parking required for  Parcel  A will be accommodated in the surface  parking lot provided on Parcel  B. Parcel  B would be located across from Parcel   A on the other side of Cypress  Avenue between  Miller Avenue and Tamarack  L Required Vehicular Parking Parking Provided As shown in Table 10, per the parking ordinance, a total of 341 parking stalls will be required for the proposed project, and the project proposes to provide a total of 342 parking spaces, 1 space more than the required number of parking spaces. It is noted that for Parcel A, only 174 parking spaces of the required 199 parking spaces will be provided within the parking garage on site. Additional parking spaces for Parcel A will be accommodated on a surface parking lot that will be provided on Parcel B. Parcel B is located across from Parcel A, on the other side of Cypress Avenue, between Miller Avenue and Tamarack Lane. The surface parking lot on Parcel B will have 25 parking spaces. Parcel C and Parcel D will have the required number of parking spaces on site. The parking code requires that one guest parking space be provided on site for every four dwelling units for projects greater than 10 units. For 272 proposed dwelling units, the project should provide at least 68 guest parking spaces. Of the total required 341 parking spaces, 68 parking spaces should be guest parking spaces. It is not clear from the site plan where the guest parking spaces would be provided on Parcels A and D. Parking Dimensions Based on the site plan, the proposed parking would consist of a mix of standard, compact, tandem and ADA (American Disability Act) compliant parking stalls. Table 11 shows the dimensions and the proposed parking mix for the individual parcels. As shown in Table 11, the total number of parking spaces would consist of 241 standard parking spaces, 54 compact spaces, 36 tandem spaces and 249 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 36 11 ADA compliant parking spaces. It is noted that the parking requirement of the zoning ordinance does not provide any guidelines for compact spaces. The site plan for Parcel A shows a total of 54 compact parking spaces. The site plan shows that the compact spaces would have a dimension of 8.5 feet wide by 16 feet depth. Within the parking industry, compact spaces are typically specified to be 7.5 feet wide and 15 feet long. Therefore, the proposed compact spaces are larger than typical compact spaces but not as large as standard spaces. In Hexagon’s experience, compact ratios of up to 30% are workable and commonly allowed in many zoning ordinances. Therefore, Hexagon believes that having 54 compact spaces out of 177 total spaces will work. It is recommended that these spaces be marked as compact spaces. The site plan shows a total of 14 tandem parking bays within Parcel A and 4 tandem parking bays within Parcel D. The tandem parking spaces show a maximum of two vehicles that can be parked one behind the other. The parking code requires that the tandem parking bay measures a minimum of 10 feet by 40 feet. The site plan shows that all tandem bays measure 8.5 feet by 34 feet and therefore do not meet the code. The dimension provided for the tandem parking bay is equivalent to the sum of dimensions of one standard parking space and one compact parking space (8.5 feet x 18 feet plus 8.5 feet by 16 feet). The dimension of the parking bays should be adequate provided the tandem bays are assigned to residents with one compact and one full size vehicle. The parking code also requires that both the spaces in the tandem parking bay be assigned to a single dwelling unit. The parking code requires that where tandem parking spaces are provided, the total number of tandem parking spaces should be less than 50% of the total required parking spaces. The total number of tandem parking spaces in Parcel A is 28 parking spaces, which calculates to 16% of the total required parking spaces for Parcel A and meets the code. The percentage of tandem parking spaces in Parcel D is only 6%. Table 11 Parking Stall Dimensions Parking Stall Dimension Parcel AParcel BParcel CParcel DTotal Standard Space8.5'x18'852521110241 Compact Space8.5'x16'54  ‐  ‐  ‐ 54 Tandem Bay8.5'x34'28  ‐  ‐ 836 ADA7  ‐  ‐ 411 Total 1742521122342 Calculation of Bicycle Parking Spaces The site plan shows that bike racks would be provided for both short term and long term bicycle parking at all three parcels. Bicycle parking requirements were calculated based on the following criteria from the zoning ordinance.  Short-term bicycle parking spaces shall be provided at a rate of 10 percent of the number of required automobile parking spaces  A minimum of one long term bicycle parking space shall be provided for every four units for multi-unit residential and group residential projects The bicycle parking calculations for the three parcels are shown in Table 12. The proposed project would require a total of 34 short term bicycle parking spaces and 68 long term bicycle parking spaces. The proposed project would provide an adequate number of long term bicycle parking spaces. However, the site plan shows the project to be 8 spaces short of the short-term bicycle parking requirement. 250 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 37 Table 12 Proposed Project – Bicycle Parking Parcel Short Term Long Term Short Term Long Term A19920401542 C202323 D1221225928 Total34134682673 Required Vehicular Parking Required Bicycle Parking Bicycle Parking Provided Pedestrian and Bicycle Impacts The project would not have an adverse effect on existing transit, bicycle or pedestrian facilities in the study area. Due to the project’s proximity (within a ¼ mile) of the Caltrain station, the project is expected to generate some demand for transit use. The existing transit service in the study area would be able to accommodate the transit demand generated by the project. The proposed project would add some pedestrian and bicyclists who would utilize sidewalks and bicycle facilities in the area and would not significantly impact or require changes to the design of any existing bicycle or pedestrian facilities. Conclusions The potential impacts of the project were evaluated in accordance with the standards set forth by the City of South San Francisco and consistent with the analysis methodologies presented in the DSASP EIR. The study included the analysis of AM and PM peak hour traffic operations for 11 signalized intersections, for which mitigations were identified in the DSASP EIR. Project impacts on other transportation facilities, such as bicycle facilities and transit service, were determined on the basis of engineering judgment. The analysis of traffic operations under existing and background conditions showed that the project would not cause any significant impacts at any of the study intersections. The project would not have an adverse effect on existing transit, bicycle or pedestrian facilities in the study area. A review of the site plans for the proposed project for parcels A, C and D showed that adequate circulation would be provided on site. The site plans do not show any loading zones. The project should provide designated areas along the project frontage for moving/delivery trucks and also for emergency/fire access in accordance with the requirements of the zoning ordinance. The project would provide adequate parking on site. Where tandem parking spaces are provided, the parking code requires that the total number of tandem parking spaces should be less than 50% of the total required parking spaces. The total number of tandem parking spaces is less than 50% of the total required parking spaces, thus meeting the parking code. The compact parking spaces would not be problematic and should be marked as compact spaces. A review of the parking stall dimensions showed that the tandem parking spaces do not meet the code. The code requires that where tandem parking spaces are provided, the tandem parking bay should measure at least 10 feet by 40 feet. The tandem parking bays shown on the site plans measure 8.5 feet by 34 feet. These dimensions would be adequate provided the tandem bays are assigned to residents with one full-size and one compact vehicle. 251 Miller Cypress Residential Traffic Study – South San Francisco, CA December 11, 2015 Page | 38 A review of the bicycle parking calculations showed that the project is short of 8 spaces for short- term bicycle parking. 252 Memorandum Date: December 28, 2015 To: Ken Busch From: Gary Black Trisha Dudala Subject: Miller Avenue Residential Project, South San Francisco – Impact on Tamarack Lane This memorandum has been prepared to describe the impacts of developing Parcel C of the proposed Miller Avenue Residential Project on Tamarack Lane in South San Francisco. Parcel C is located to the east of Linden Avenue between Miller Avenue to the south and Tamarack Lane to the north, as shown on Figure 1. The proposed project would replace a parking lot that is currently closed. The project would develop this site to include 12 townhouses. The site plan shows that vehicular access to the 12 townhomes on Parcel C would be provided via one driveway on Tamarack Lane. This driveway would provide access to 21 on-site parking spaces (16 parking spaces in individual garages and 5 open parking stalls). The site plan shows that for townhomes fronting Tamarack Lane, the garages can be directly accessed from Tamarack Lane. Only pedestrian access would be provided along Miller Avenue. The impacts of the proposed project on Tamarack Lane are discussed in this memorandum. According to the Traffic Impact Analysis report that was recently completed for the Miller Avenue Residential project that includes the development of Parcel C, Parcel C would generate a total of 10 trips during the AM peak hour (2 inbound and 8 outbound) and 11 trips during the PM peak hour (7 inbound and 4 outbound). The project would generate a total of 102 daily trips. These trip generation estimates were based on the trip rates published in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th edition. Tamarack Lane is a one-way street in the westbound direction. All traffic from the proposed project on Parcel C would enter and exit via Tamarack Lane. During the AM peak hour the project would add a maximum of 8 vehicles on Tamarack Lane (approximately 2 vehicles east of the project driveway and 8 vehicles west of the project driveway). During the PM peak hour, the project would add a maximum of 7 vehicles on Tamarack Lane (7 vehicles east of the project driveway and 4 vehicles west of the project driveway). Because of the one directional traffic flow on Tamarack Lane, vehicles would not have to wait for any gaps in order to turn into the project driveway and would cause minimal delay to the through traffic on Tamarack Lane. Also, vehicles exiting the project driveway would not have difficulty turning onto Tamarack Lane as they would have to find gaps in only one direction. Given the low traffic volumes and one-directional traffic flow on Tamarack Lane, the project would not create any significant impacts on Tamarack Lane. 253 254 VA C A N T F O R D P R O P E R T I E S SO U T H S A N F R A N C I S C O , C A EN T I T L E M E N T S U B M I T T A L S E T JA N U A R Y 0 4 , 2 0 1 6 TC A # 2 0 1 4 - 0 3 0 SOLAR ACCESS REPORT 8 A M 10 A M 8 A M 10 A M SU M M E R S O L S T I C E WI N T E R S O L S T I C E G-6.0 Co n s i d e r a t i o n f o r t h e i m p a c t o f s h a d e an d w i n d a r e a l w a y s a n i m p o r t a n t de s i g n f a c t o r . I n t h e c a s e o f t h e V a c a n t Fo r d P r o p e r t i e s , a d e t a i l e d s h a d e an a l y s i s w a s c o n d u c t e d a n d i s a t t a c h e d he r e i n . I n t h a t t h e t w o s i t e s ( A a n d D ) ar e o r i e n t e d e f f e c t i v e l y S o u t h t o N o r t h al o n g b o t h A i r p o r t B l v d . a n d C y p r e s s Av e n u e , t h e e f f e c t s o f t h e s h a d e s t u d y sh o w l i t t l e o r n o i m p a c t o n t h e a d j o i n i n g pr o p e r t i e s t o t h e w e s t , a n d t o t h e e a s t th e r e i s t h e 1 0 1 f r e e w a y . T h e o n l y sh a d e i m p a c t o n a d j a c e n t p r o p e r t i e s t o th e w e s t o c c u r b e t w e e n 8 A M a n d No o n a t t h e W i n t e r S o l s t i c e . A t a l l o t h e r ti m e s o f t h e y e a r , t h e r e i s v i r t u a l l y n o im p a c t o n t h e a d j a c e n t p r o p e r t y es p e c i a l l y d u r i n g n o r m a l b u s i n e s s ho u r s . 25 5 VA C A N T F O R D P R O P E R T I E S SO U T H S A N F R A N C I S C O , C A EN T I T L E M E N T S U B M I T T A L S E T JA N U A R Y 0 4 , 2 0 1 6 TC A # 2 0 1 4 - 0 3 0 SOLAR ACCESS REPORT 12 P M 2 P M 12 P M 2 P M SU M M E R S O L S T I C E WI N T E R S O L S T I C E G-6.1 Co n s i d e r a t i o n f o r t h e i m p a c t o f s h a d e an d w i n d a r e a l w a y s a n i m p o r t a n t de s i g n f a c t o r . I n t h e c a s e o f t h e V a c a n t Fo r d P r o p e r t i e s , a d e t a i l e d s h a d e an a l y s i s w a s c o n d u c t e d a n d i s a t t a c h e d he r e i n . I n t h a t t h e t w o s i t e s ( A a n d D ) ar e o r i e n t e d e f f e c t i v e l y S o u t h t o N o r t h al o n g b o t h A i r p o r t B l v d . a n d C y p r e s s Av e n u e , t h e e f f e c t s o f t h e s h a d e s t u d y sh o w l i t t l e o r n o i m p a c t o n t h e a d j o i n i n g pr o p e r t i e s t o t h e w e s t , a n d t o t h e e a s t th e r e i s t h e 1 0 1 f r e e w a y . T h e o n l y sh a d e i m p a c t o n a d j a c e n t p r o p e r t i e s t o th e w e s t o c c u r b e t w e e n 8 A M a n d No o n a t t h e W i n t e r S o l s t i c e . A t a l l o t h e r ti m e s o f t h e y e a r , t h e r e i s v i r t u a l l y n o im p a c t o n t h e a d j a c e n t p r o p e r t y es p e c i a l l y d u r i n g n o r m a l b u s i n e s s ho u r s . 25 6 VA C A N T F O R D P R O P E R T I E S SO U T H S A N F R A N C I S C O , C A EN T I T L E M E N T S U B M I T T A L S E T JA N U A R Y 0 4 , 2 0 1 6 TC A # 2 0 1 4 - 0 3 0 SOLAR ACCESS REPORT 4 P M 4 P M SU M M E R S O L S T I C E WI N T E R S O L S T I C E G-6.1 Co n s i d e r a t i o n f o r t h e i m p a c t o f s h a d e an d w i n d a r e a l w a y s a n i m p o r t a n t de s i g n f a c t o r . I n t h e c a s e o f t h e V a c a n t Fo r d P r o p e r t i e s , a d e t a i l e d s h a d e an a l y s i s w a s c o n d u c t e d a n d i s a t t a c h e d he r e i n . I n t h a t t h e t w o s i t e s ( A a n d D ) ar e o r i e n t e d e f f e c t i v e l y S o u t h t o N o r t h al o n g b o t h A i r p o r t B l v d . a n d C y p r e s s Av e n u e , t h e e f f e c t s o f t h e s h a d e s t u d y sh o w l i t t l e o r n o i m p a c t o n t h e a d j o i n i n g pr o p e r t i e s t o t h e w e s t , a n d t o t h e e a s t th e r e i s t h e 1 0 1 f r e e w a y . T h e o n l y sh a d e i m p a c t o n a d j a c e n t p r o p e r t i e s t o th e w e s t o c c u r b e t w e e n 8 A M a n d No o n a t t h e W i n t e r S o l s t i c e . A t a l l o t h e r ti m e s o f t h e y e a r , t h e r e i s v i r t u a l l y n o im p a c t o n t h e a d j a c e n t p r o p e r t y es p e c i a l l y d u r i n g n o r m a l b u s i n e s s ho u r s . 25 7 1 Willowbrook Court, Suite 120 Petaluma, California 94954 Tel: 707-794-0400 Fax: 707-794-0490 www.illingworthrodkin.com illro@illingworthrodkin.com January 12, 2016 Ken Busch Sares Regis 901 Mariners Island Blvd #700 San Mateo, CA 94404 VIA E-mail: kbusch@srgnc.com SUBJECT: Parcels A, C and D in South San Francisco, CA -- Wind Issues Associated with the Project Dear Ken: This letter is in response to a comment regarding the potential wind effects that may be caused by your project in South San Francisco. Specifically, any potential “wind tunnel” effects that could affect Bertolucci’s Restaurant. This restaurant is located immediately west-northwest of Parcel A, across Cypress Avenue near Miller Avenue between Lux Avenue and Tamarack Lane. Parcel A would include a 7-story building (approximately 80 feet tall) that would be located about 40 to 50 feet east-southeast of the restaurant. Wind Conditions Wind conditions in the project area are described using historical wind data collected at San Francisco International Airport. The airport is located less than 3 miles to the southeast and is appropriately assumed to experience the same wind conditions that occur at the project site. A west- northwest wind is the typical wind condition experienced in the area. This is also the strongest wind that occurs, although some winter storm systems may generate strong southerly winds on a very brief basis. A common illustrative aid to describe wind conditions in an area is a wind rose. The wind rose shows the frequency of wind direction and speed. The “petals” are oriented in the 32 directions, where a longer length reflects a higher percentage of the time that the wind blows from that direction. The petals are extended in the direction that the wind blows from. Various colors of the petal relate to the speed. A wind rose for San Francisco Airport that represents 5 years of hourly wind measurements from 2009- through 2013 was used to describe wind in the project area (see Attachment 1). The wind rose shows that winds with a westerly component occur about 60 percent of the time, with the most dominant winds being from the west-northwest. Winds from easterly directions occur less than 15 percent of the time and are generally light. Winter storm systems can bring relatively brief periods of strong south or southeast winds to the area. Winds are considered calm about 13 percent of the time. The average wind speed is 11 miles per hour or 4.75 meters per second. 258 Ken Busch Sares Regis January 12, 2016 - Page 2 of 5 Building Effects on Wind Flow In general, tall slab shape buildings have the greatest potential for accelerating wind as they can deflect wind downward toward the ground. A fontal vortex can form upwind at street level in front of the building. Winds increase near the surface at upstream corners of the building where the prevailing flow and the outflow from the vortex combine. Buildings with unusual shapes, openings, rounded edges, or elevated setbacks result in lower winds speeds. Trees and building canopies, street furniture, large-scale artwork strategically placed will further reduce descending airflow and interrupt the formation of a frontal vortex near the surface. Wind speeds around a particular building are dependent on various factors, but in large part depend on the height and width of building. A different wind flow pattern emerges when wind encounters a single tall slab-like building, as shown in Figure 1. The wind divides at about three quarters of the building height and creates a stagnation region. Above this, the air flows up the face of the building and over the roof; below, it flows down to form a vortex in front of the building before accelerating around the windward corners. Figure 1. Flow patterns around tall, slab-like building. Note areas of increased wind speeds at pedestrian level. Potential Impacts We are aware of only two cities in Northern California that have developed criteria for evaluating wind impacts from new structures: San Francisco and Oakland. Both cities base their criteria on potential hazards to street-level pedestrians. In San Francisco, the criterion for wind hazard is a one- minute mean wind speed of 36 miles per hour (mph). Based on our understanding of their criteria and guidance, these cities only require wind tunnel testing for the largest buildings that are over 100 feet, unless there are unusual circumstances. The tallest project buildings (Parcels A and D) are about 80 feet high, while existing buildings to the west are about 20 to 25 feet high. While taller than the existing buildings, the project would not be considered a “tall” building, because it is less than 100 feet 1. There are no buildings immediately to the east. The area downwind of the project site is Airport Boulevard and U.S. 101. The greatest wind effects would be experienced adjacent and downwind of building corners, where wind flow interrupted by the building would flow fast around the corners (referred to as a corner stream). Wind 1 There really is no definition of a “Tall” building. There are references by the Council on Tall Buildings and Urban Habitat to 14 stories or 165 feet as being the threshold for tall. 259 Ken Busch Sares Regis January 12, 2016 - Page 3 of 5 could also be accelerated over the top of the building, but this is not a concern to pedestrians. The area in front of the building along Cypress Avenue would experience what is referred to as the frontal vortex, where wind would actually be opposite the prevailing wind direction. This effect already occurs to some extent, since the existing upstream buildings block wind flow on Cypress Avenue and create a wake zone. Although wind flow would be affected along Cypress Avenue, the wind speeds would not be considered hazardous to pedestrians. Several features of the project would lessen the downward acceleration of wind caused by the building: • The substantial elevated opening in the Parcel A Building (above the 2nd story); • Building facades would include articulations, balconies and canopies; and • Large street-level trees would be placed along the building portions facing Cypress Avenue Figure 2. Parcel A Building View from Cypress Avenue For these reasons, we do not believe that a “wind tunnel” effect will be caused the proposed project. * * * Sincerely yours, James A. Reyff Senior Consultant, Principal ILLINGWORTH & RODKIN, INC. 15-112 Attachment: Wind Rose for San Francisco International Airport 2009-2013 260 Ken Busch Sares Regis January 12, 2016 - Page 4 of 5 Attachment 261 Ken Busch Sares Regis January 12, 2016 - Page 5 of 5 262 11-1 CHAPTER 11 Mitigation Monitoring and Reporting Program SECTION 11.1 Introduction South San Francisco Downtown Station Area Specific Plan EIR SCH No. 2013102001 Final EIR January 2015 City of South San Francisco Economic and Community Development Department CHAPTER 11 Mitigation Monitoring and Reporting Program 11.1 INTRODUCTION The Final Environmental Impact Report for the South San Francisco Downtown Station Area Specific Plan Project (State Clearinghouse No. 2013102001 identified mitigation measures to reduce the adverse effects of the proposed project in the areas of air quality, biological resources, cultural resources, greenhouse gas emissions, hazards and hazardous materials, noise, public services, recreation, and transportation/traffic. The California Environmental Quality Act (CEQA) requires that agencies adopting environmental impact reports ascertain that feasible mitigation measures are implemented, subsequent to project approval. Specifically, the lead or responsible agency must adopt a reporting or monitoring program for mitigation measures incorporated into a project or imposed as conditions of approval. The program must be designed to ensure compliance during applicable project timing, e.g. design, construction, or operation (Public Resources Code Section 21081.6). The Mitigation Monitoring and Reporting Program (MMRP) will be used by City of South San Francisco staff responsible for ensuring compliance with mitigation measures associated with the proposed Plan. Monitoring will consist of review of appropriate documentation, such as plans or reports prepared by the party responsible for implementation or by field observation of the mitigation measure during implementation. 11.2 MITIGATION MONITORING AND REPORTING PROGRAM MATRIX Table 11-1 (Mitigation Monitoring and Reporting Program Matrix) identifies the mitigation measures by resource area. The table also provides the specific mitigation monitoring requirements, including implementation documentation, monitoring activity, timing and responsible monitoring party. Verification of compliance with each measure is to be indicated by signature of the mitigation monitor, together with date of verification. 263 11-2 CHAPTER 11 Mitigation Monitoring and Reporting Program SECTION 11.2 Mitigation Monitoring and Reporting Program Matrix South San Francisco Downtown Station Area Specific Plan EIR SCH No. 2013102001 Final EIR January 2015 City of South San Francisco Economic and Community Development Department Table 11-1 Mitigation Monitoring and Reporting Program Matrix Mitigation Measure Action Required Mitigation Timing Responsible Party Monitoring Agency or Party AIR QUALITY MM4.2-1 Construction emissions for all future development under the Specific Plan shall be quantified prior to the start of construction. For projects where construction emissions are anticipated to exceed the most recent City-adopted thresholds, in addition to the BAAQMD Basic Construction Mitigation Measures, construction activities shall implement the BAAQMD Additional Construction Mitigation Measures to reduce construction emissions of criteria air pollutants to below significance criteria. Mitigation reductions shall be quantified prior to the start of construction to demonstrate that adequate measures have been identified to reduce project emissions. The Additional Construction Mitigation Measures include the following: 1. All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or moisture probe. 2. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph. 3. Wind breaks (e.g., trees, fences) shall be installed on the windward side(s) of actively disturbed areas of construction. Wind breaks should have at maximum 50 percent air porosity. 4. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established. 5. The simultaneous occurrence of excavation, grading, and ground-disturbing construction activities on the same area at any one time shall be limited. Activities shall be phased to reduce the amount of disturbed surfaces at any one time. 6. All trucks and equipment, including their tires, shall be washed off prior to leaving the site. 7. Site accesses to a distance of 100 feet from the paved road shall be treated with a 6- to 12- inch compacted layer of wood chips, mulch, or gravel. 8. Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways from sites with a slope greater than 1 percent. 9. Minimizing the idling time of diesel powered construction equipment to two minutes. 10. The project shall develop a plan demonstrating that the off-road equipment (more than 50 horsepower) to be used in the construction project (i.e., owned, leased, and subcontractor vehicles) would achieve a project wide fleet-average 20 percent NOX reduction and 45 percent PM reduction compared to the most recent California ARB fleet average. Acceptable options for reducing emissions include the use of late model engines, low-emission diesel products, alternative fuels, engine retrofit technology, after -treatment Verification of construction plan Prior to issuance of grading permit Developer Department of Economic and Community Development 264 11-3 CHAPTER 11 Mitigation Monitoring and Reporting Program SECTION 11.2 Mitigation Monitoring and Reporting Program Matrix South San Francisco Downtown Station Area Specific Plan EIR SCH No. 2013102001 Final EIR January 2015 City of South San Francisco Economic and Community Development Department Table 11-1 Mitigation Monitoring and Reporting Program Matrix Mitigation Measure Action Required Mitigation Timing Responsible Party Monitoring Agency or Party products, add-on devices such as particulate filters, and/or other options as such become available. 11. Use low-ROG coatings beyond the local requirements (i.e., Regulation 8, Rule 3: Architectural Coatings). 12. All construction equipment, diesel trucks, and generators shall be equipped with Best Available Control Technology for emission reductions of NOX and PM. 13. All contractors shall use equipment that meets California ARB’s most recent certification standard for off-road heavy-duty diesel engines. MM4.2-2 Prior to issuance of a building permit for future development projects under the Specific Plan, the applicant shall demonstrate implementation of recommended BAAQMD operational mitigation measures as necessary to reduce operational emissions of criteria a ir pollutants to below significance criteria. Operational emissions and mitigation reductions will be quantified prior to issuance of the building permit to demonstrate that adequate measures have been identified to reduce project emissions. The recommended measures include, but are not limited to, any of the following: 1. Increase on-street parking fees. 2. Daily parking charge for employees. 3. Provide a parking “cash-out” incentive for employees who use alternative transportation to commute. 4. Provide subsidized or free transit passes to employees. 5. Encourage alternative compressed work schedules and telecommuting. 6. Provide a ridesharing program. Verification of construction plan Prior to issuance of grading permit Developer Department of Economic and Community Development MM4.2-3 Siting Sensitive Receptors near Potential TAC Source. A Health Risk Assessment (HRA) shall be prepared by a qualified air quality professional for development of a project that would introduce new sensitive receptors in the study area within the siting distance for any use listed in ARB Air Quality and Land Use Handbook Table 1-1 (reproduced here as Table 4.2-11 [Recommendations on Siting New Sensitive Land Uses]). Sensitive receptors include day care centers, schools, retirement homes, hospitals, medical patients in residential homes, or other facilities that may house individuals with health conditions that would be adversely impacted by changes in air quality. Such a project shall not be considered for approval until an HR A has been completed and approved by the City. The methodology for the HRA shall follow the Office of Environmental Health Hazard Assessment and BAAQMD guidelines for the preparation of HRAs. If a potentially significant health risk is identified, the HRA shall identify appropriate measures to reduce the potential health risk to below a significant level or the sensitive receptor shall be sited in another location. Preparation and approval of Health Risk Assessment Prior to issuance of grading permit Developer Department of Economic and Community Development 265 11-4 CHAPTER 11 Mitigation Monitoring and Reporting Program SECTION 11.2 Mitigation Monitoring and Reporting Program Matrix South San Francisco Downtown Station Area Specific Plan EIR SCH No. 2013102001 Final EIR January 2015 City of South San Francisco Economic and Community Development Department Table 11-1 Mitigation Monitoring and Reporting Program Matrix Mitigation Measure Action Required Mitigation Timing Responsible Party Monitoring Agency or Party Table 4.2-11 Recommendations on Siting New Sensitive Land Uses Source Category Advisory Recommendations Freeways and High- Traffic Roads Avoid siting new sensitive land uses within 500 feet of a freeway, urban roads with 100,000 vehicles/day, or rural roads with 50,000 vehicles/day. Distribution Centers Avoid siting new sensitive land uses within 1,000 feet of a distribution center (that accommodates more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units (TRUs) per day, or where TRU unit operations exceed 300 hours per week) Take into account the configuration of existing distribution centers and avoid locating residences and other new sensitive land uses near entry and exit points. Rail Yards Avoid siting new sensitive land uses within 1,000 feet of a major service and maintenance rail yard. Within 1 mile of a rail yard, consider possible siting limitations and mitigation approaches. Ports Avoid siting new sensitive land uses immediately downwind of ports in the most heavily impacted zones. Consult local air districts or the ARB on the status of pending analyses of health risks. Refineries Avoid siting new sensitive land uses immediately downwind of petroleum refineries. Consult local air districts or the ARB on the status of pending analyses of health risks. Chrome Platers Avoid siting new sensitive land uses within 1,000 feet of a chrome plater. Dry Cleaners Using Perchloroethylene Avoid siting new sensitive land uses within 300 feet of any dry cleaning operation. For operations with two or more machines provide 500 feet. For operations with three or more machines consult with the local air district. Do not site new sensitive land uses in the same building with perchloroethylene dry cleaning operations. 266 11-5 CHAPTER 11 Mitigation Monitoring and Reporting Program SECTION 11.2 Mitigation Monitoring and Reporting Program Matrix South San Francisco Downtown Station Area Specific Plan EIR SCH No. 2013102001 Final EIR January 2015 City of South San Francisco Economic and Community Development Department Table 11-1 Mitigation Monitoring and Reporting Program Matrix Mitigation Measure Action Required Mitigation Timing Responsible Party Monitoring Agency or Party Gasoline Dispensing Facilities Avoid siting new sensitive land uses within 300 feet of a large gas station (defined as a facility with a throughput of 3.6 million gallons per year or greater). A 50-foot separation is recommended for typical gas dispensing facilities. SOURCE: California Air Resources Board, Air Quality and Land Use Handbook: A Community Health Perspective (April 2005). These recommendations are advisory. Land use agencies have to balance other considerations, including housing and transportation needs, economic development priorities, and other quality of life issues. Recommendations are based primarily on data showing that the air pollution exposures addressed here (i.e., localized) can be reduced as much as 80% with the recommended separation. The relative risk for these categories varies greatly. To determine the actual risk near a particular facility, a site-specific analysis would be required. Risk from diesel PM will decrease over time as cleaner technology phases in. These recommendations are designed to fill a gap where information about existing facilities may not be readily available and are not designed to substitute for more specific information if it exists. The recommended distances take into account other factors in addition to the available health risk data. Site-specific project design improvements may help reduce air pollution exposures and should also be considered when siting new sensitive land uses. This table does not imply that mixed residential and commercial development in general is incompatible. Rather it focuses on known problems like dry cleaners using perchloroethylene that can be addressed with reasonable preventative actions. 267 11-6 CHAPTER 11 Mitigation Monitoring and Reporting Program SECTION 11.2 Mitigation Monitoring and Reporting Program Matrix South San Francisco Downtown Station Area Specific Plan EIR SCH No. 2013102001 Final EIR January 2015 City of South San Francisco Economic and Community Development Department Table 11-1 Mitigation Monitoring and Reporting Program Matrix Mitigation Measure Action Required Mitigation Timing Responsible Party Monitoring Agency or Party MM4.2-4 Siting of New Toxic Air Contaminant Sources Near Sensitive Receptors. Prior to approval of any project that includes potential sources of significant TAC emissions that is not subject to a BAAQMD permit, that is proposed in a close proximity to a sensitive receptor, a Health Risk Assessment (HRA) shall be prepared by a qualified air quality professional. The land uses listed in ARB Air Quality and Land Use Handbook Table 1-1 (reproduced above as Table 4.2-11 [Recommendations on Siting New Sensitive Land Uses]), shall be considered potentially significant sources of TAC emissions. Such a proposed project will be considered in close proximity to a sensitive receptor if it would be located within the siting distance outline for the use in Table 1-1 of the ARB Air Quality and Land Use Handbook. Sensitive receptors include day care centers, schools, retirement homes, hospitals, medical patients in residential homes, or other facilities that may house individuals with health conditions that would be adversely impacted by changes in air quality. Such a project shall not be considered for approval until an HRA has been completed and approved by the City. The methodology for the HRA shall follow the Office of Environmental Health Hazard Assessment and BAAQMD guidelines for the preparation of HRAs. If a potentially significant health risk is identified, the HRA shall identify appropriate measures to reduce the potential health risk to below a significant level, or the proposed facility shall be sited in another location. Preparation and approval of Health Risk Assessment Prior to issuance of first building permit Developer Department of Economic and Community Development MM4.2-5 Prior to issuance of a certificate of occupancy for new industrial land uses identified in the BAAQMD CEQA Guidelines or ARB Air Quality and Land Use Handbook as a typical source of odors, the applicant shall demonstrate implementation of best management practices to minimize odors. Best management practices vary by industrial type. In all cases, exhaust vents should be located as far from sensitive receptors as possible. Best management practices recommended by the BAAQMD in the CEQA Guidelines shall be implemented as applicable, and may include the following: ■ Vapor Recovery Systems ■ Injection of masking odorants into process streams ■ Thermal oxidation ■ Carbon absorption ■ Scrubbers ■ Catalytic oxidation Verification of implementation of best management practices to control odors Prior to issuance of certificate of occupancy Developer Department of Economic and Community Development 268 11-7 CHAPTER 11 Mitigation Monitoring and Reporting Program SECTION 11.2 Mitigation Monitoring and Reporting Program Matrix South San Francisco Downtown Station Area Specific Plan EIR SCH No. 2013102001 Final EIR January 2015 City of South San Francisco Economic and Community Development Department Table 11-1 Mitigation Monitoring and Reporting Program Matrix Mitigation Measure Action Required Mitigation Timing Responsible Party Monitoring Agency or Party CULTURAL RESOURCES MM4.3-1 Prior to development activities that would demolish or otherwise physically affect buildings or structures 45 years old or older, the project applicant shall retain a cultural resource professional who meets the Secretary of the Interior’s Professional Qualifications Standards for Architectural History to determine if the project would cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines Section 15064.5. The investigation shall include, as determined appropriate by the cultural resource professional and the City of South San Francisco, the appropriate archival research, including, if necessary, an updated records search of the Northwest Information Center (NWIC) of the California Historical Resources Information System and a pedestrian survey of the proposed development area to determine if any significant historic-period resources would be adversely affected by the proposed development. The results of the investigation shall be documented in a technical report or memorandum that identifies and evaluates any historical resources within the development area and includes recommendations and methods for eliminating or reducing impacts on historical resources. The technical report or memorandum shall be sub mitted to the City of South San Francisco for approval. As determined necessary by the City, environmental documentation (e.g., CEQA documentation) prepared for future development within the project site shall reference or incorporate the findings and recommendations of the technical report or memorandum. The project applicant shall be responsible for implementing methods for eliminating or reducing impacts on historical resources identified in the technical report or memorandum. Historic resource evaluation and report Plan check Developer Department of Economic and Community Development 269 11-8 CHAPTER 11 Mitigation Monitoring and Reporting Program SECTION 11.2 Mitigation Monitoring and Reporting Program Matrix South San Francisco Downtown Station Area Specific Plan EIR SCH No. 2013102001 Final EIR January 2015 City of South San Francisco Economic and Community Development Department Table 11-1 Mitigation Monitoring and Reporting Program Matrix Mitigation Measure Action Required Mitigation Timing Responsible Party Monitoring Agency or Party MM4.3-2 Prior to any earth-disturbing activities (e.g., excavation, trenching, grading) that could encounter previously undisturbed soils, the project applicant shall retain a City approved archaeologist to determine if the project could result in a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5. The results of the cultural resources investigation shall be documented in a technical report or memorandum that identifies and evaluates any archaeological resources within the development area and includes recommendations and methods for avoiding impacts on archaeological resources or reducing impacts to a less-than-significant level. The technical report or memorandum shall be submitted to the City of South San Francisco for approval. The project applicant shall be responsible for implementing methods for avoiding or reducing impacts on archaeological resources identified in the technical report or memorandum. Projects under the Specific Plan that would not encounter previously undisturbed soils and would therefore not be required to retain an archaeologist shall demonstrate non-disturbance to the City through the appropriate construction plans or geotechnical studies prior to any earth - disturbing activities. Projects that would include any earth disturbance (disturbed or undisturbed soils) shall comply with mitigation measure MM4.3-3. Archaeological resource evaluation and report Prior to issuance of first building permit Developer Department of Economic and Community Development MM4.3-3 If evidence of an archaeological site or other suspected historical resource as defined by CEQA Guidelines Section 15064.5, are discovered during any project-related earth- disturbing activities (including projects that would not encounter undisturbed soils), all earth- disturbing activity within 100 feet of the find shall be halted and the City of South San Francisco shall be notified. The project applicant shall retain a City-approved archaeologist to assess the significance of the find. Impacts to any significant resources shall be mitigated to a less-than- significant level through methods determined adequate by the archaeologist as approved by the City. Cessation of construction activities and archaeological investigation Ongoing during construction Developer/contractor Department of Economic and Community Development MM4.3-4 Prior to start of construction, all construction personnel involved in ground-disturbing activities and the supervision of such activities will undergo worker environmental awareness training. The archaeological resources training components will be presented by a City- approved cultural resources consultant. The training will describe the types of archaeological resources that may be found in the proposed study area and how to recognize such resources; the protocols to be followed if archaeological resources are found, including communication protocols; and the laws relevant to the protection of archaeological resources and the associated penalties for breaking these laws. Additionally, prior to construction, City-approved archaeological resources consultants will meet with the applicant’s grading and excavation contractors to provide comments and suggestions concerning monitoring plans and to discuss excavation and grading plans. Verification of worker environmental awareness training Prior to commencement of construction activities Developer/contractor Department of Economic and Community Development 270 11-9 CHAPTER 11 Mitigation Monitoring and Reporting Program SECTION 11.2 Mitigation Monitoring and Reporting Program Matrix South San Francisco Downtown Station Area Specific Plan EIR SCH No. 2013102001 Final EIR January 2015 City of South San Francisco Economic and Community Development Department Table 11-1 Mitigation Monitoring and Reporting Program Matrix Mitigation Measure Action Required Mitigation Timing Responsible Party Monitoring Agency or Party MM4.3-5 Prior to any earth-disturbing activities (e.g., excavation, trenching, grading) that could encounter undisturbed soils, the project applicant shall retain a professional paleontologist to determine if the project could directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. The results of the investigation shall be documented in a technical report or memorandum that identifies the paleontological sensitivity of the development area and includes recommendations and methods for avoiding or reducing impacts to a less-than-significant level for paleontological resources or unique geologic features. The technical report or memorandum shall be submitted to the City for approval. The project applicant shall be responsible for implementing methods for avoiding or reducing impacts on paleontological resources or unique geologic features identified in the technical report or memorandum. Projects that would not encounter undisturbed soils and would therefore not be required to retain a paleontologist shall demonstrate non-disturbance to the City through the appropriate construction plans or geotechnical studies prior to any earth- disturbing activities. Projects that would include any earth disturbance (disturbed or undisturbed soils) shall comply with mitigation measure MM4.3-6. Paleontological investigation and report Prior to issuance of first building permit Developer Department of Economic and Community Development MM4.3-6 Should paleontological resources (i.e., fossil remains) or unique geologic features be identified at a particular site during project construction, construction shall cease within 100 feet of the find and the City of South San Francisco shall be notified. The project applicant shall retain a City approved paleontologist to assess the significance of the find. Impacts to any significant resources shall be mitigated to a less-than-significant level through methods determined adequate by the paleontologist, and as approved by the City. In considering any suggested mitigation proposed by the consulting paleontologist, the City of South San Francisco staff shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, applicable regulations, policies and land use assumptions, and other considerations. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., monitoring and/or data recovery) shall be instituted. Cessation of construction and paleontological investigation Ongoing during construction Developer/contractor Department of Economic and Community Development 271 11-10 CHAPTER 11 Mitigation Monitoring and Reporting Program SECTION 11.2 Mitigation Monitoring and Reporting Program Matrix South San Francisco Downtown Station Area Specific Plan EIR SCH No. 2013102001 Final EIR January 2015 City of South San Francisco Economic and Community Development Department Table 11-1 Mitigation Monitoring and Reporting Program Matrix Mitigation Measure Action Required Mitigation Timing Responsible Party Monitoring Agency or Party GREENHOUSE GAS EMISSIONS MM4.4-1 All construction projects shall incorporate, to the greatest extent feasible, the most recent Best Management Practices for Greenhouse Gas Emissions as indicated by the BAAQMD.1 Best Management Practices to reduce GHG emissions during construction may include, but are not limited to: ■ Use of alternative-fueled (e.g., biodiesel, electric) construction vehicles/equipment of at least 15 percent of the fleet ■ Using local building materials of at least 10 percent ■ Recycle at least 50 percent of construction waste or demolition materials Verification of GHG best management practices Prior to issuance of first building permit Developer Department of Economic and Community Development MM4.4-2 Support Expansion of Public and Private Transit Programs to Reduce Employee Commutes (1.2). Employers within the study area shall subscribe to the South San Francisco TDM Ordinance such that a minimum of 25 percent of all employees are included. The South San Francisco TDM Ordinance requires that all nonresidential developments producing 100 average trips per day or more meet a 28 percent non-drive-alone peak hour requirement with fees assessed for noncompliance. Verification of compliance with TDM ordinance Prior to issuance of certificate of occupancy Developer Department of Economic and Community Development MM4.4-3 Reduce Dependence on Autos through Smart Parking Policies (1.3). This measure would implement Smart Parking Policies, such as shared parking, to reduce available parking by 10 percent. Implementation of Smart Parking Policies Plan check Developer Department of Economic and Community Development MM4.4-4 Expand the Use of Alternative-Fuel Vehicles (2.1). Nonresidential and residential land uses can encourage the use of alternative-fueled vehicles by providing charging stations. In support of this measure, development within the study area shall ensure that a minimum of 60 electric vehicle chargers are installed within nonresidential land uses and within the residential units electric charging capabilities are available for a minimum of 200 vehicles. Verification of inclusion of charging stations Plan check Developer Department of Economic and Community Development MM4.4-5 Reduce Emissions from Off-Road Vehicles and Equipment (2.2). In support of this measure, development within the study area shall ensure that a minimum of 25 percent of all lawnmowers and leaf blowers acquired/used within the study area would be electric. This requires that there be sufficient electrical outlets outside of all residential and nonresidential units to encourage the use of non-gas-fueled lawn maintenance equipment. Verification of electrical plans Plan check Developer Department of Economic and Community Development 1 Above BMPs are subject to change over time. Bay Area Air Quality Management District will post updates to this list at www.baaqmd.gov. 272 11-11 CHAPTER 11 Mitigation Monitoring and Reporting Program SECTION 11.2 Mitigation Monitoring and Reporting Program Matrix South San Francisco Downtown Station Area Specific Plan EIR SCH No. 2013102001 Final EIR January 2015 City of South San Francisco Economic and Community Development Department Table 11-1 Mitigation Monitoring and Reporting Program Matrix Mitigation Measure Action Required Mitigation Timing Responsible Party Monitoring Agency or Party MM4.4-6 Maximize Energy Efficiency in the Built Environment through Standards and the Plan Review Process (3.1). All new development within the study area shall, at a minimum, comply with the CALGreen Tier 1 standards and exceed 2013 Title 24 by a minimum of 10 percent. Verification of compliance Plan check Developer Department of Economic and Community Development MM4.4-7 Address Heat Island Issues and Expand the Urban Forest (3.4). At a minimum, 322,000 square feet of all new nonresidential development and 75 new residential units shall address heat island effect issues by using high albedo surfaces and technologie s identified in the voluntary CALGreen Standards. This is in addition to the requirements of all new development to plant trees in accordance with Zoning Code Chapter 13.30 with placement used to maximize building shading. Verification of compliance Plan check Developer Department of Economic and Community Development MM4.4-8 Promote Energy Information Sharing and Educate the Community about Energy- Efficient Behaviors and Construction (3.5). Develop as part of the Specific Plan an educational information packet that will be distributed to residential and nonresidential land owners. These information packets shall detail potential behavioral changes that can be instituted to save energy, such as unplugging appliances, air-drying clothes, and daylighting strategies. Verification of compliance Prior to issuance of certificate of occupancy Developer Department of Economic and Community Development MM4.4-9 Energy Reduction (4.1). In addition to complying with MM4.4-6, the development within the study area shall include the use of solar panels such that a minimum of 35,000 square feet of nonresidential land use roof space is converted to solar panels, 205 residential units are equipped with solar hot water heaters, and the electricity of an additional 75 dwelling units is offset by solar panel arrays associated with the new residential development. Verification of compliance Plan check Developer Department of Economic and Community Development MM4.4-10 Water Reduction (6.1). Nonresidential and residential land uses shall reduce per capita water consumption by 40 gallons per day. Measures to be implemented to reduce water consumption may include, but are not limited to: ■ Limiting turf area in commercial and multi-family projects ■ Restricting hours of irrigation to between 3:00 AM and 2 hours after sunrise (suggestion to be included in the energy information saving package) ■ Installing irrigation controllers with rain sensors ■ Landscaping with native, water-efficient plants ■ Installing drip irrigation systems ■ Reducing impervious surfaces ■ Installing high-efficiency, water-saving appliances Verification of compliance Plan check Developer Department of Economic and Community Development 273 11-12 CHAPTER 11 Mitigation Monitoring and Reporting Program SECTION 11.2 Mitigation Monitoring and Reporting Program Matrix South San Francisco Downtown Station Area Specific Plan EIR SCH No. 2013102001 Final EIR January 2015 City of South San Francisco Economic and Community Development Department Table 11-1 Mitigation Monitoring and Reporting Program Matrix Mitigation Measure Action Required Mitigation Timing Responsible Party Monitoring Agency or Party NOISE MM4.6-1 HVAC Mechanical Equipment Shielding. Prior to the approval of building permits for non-residential development, the applicant shall submit a design plan for the project demonstrating that the noise level from operation of mechanical equipment will not exceed the exterior noise level limits for a designated receiving land use category as specified in Noise Ordinance Section 8.32.030. Noise control measures may include, but are not limited to, the selection of quiet equipment, equipment setbacks, silencers, and/or acoustical louvers. Verification of compliance Plan check Developer Department of Economic and Community Development MM4.6-2 Site-Specific Acoustic Analysis—Nonresidential Development. Prior to the approval of building permits for new non-residential land uses where exterior noise level exceeds 70 dBA CNEL, an acoustical analysis shall be performed to determine appropriate noise reduction measures such that exterior noise levels shall be reduced to be below 70 dBA CNEL, unless a higher noise compatibility threshold (up to 75 dBA CNEL) has been determined appropriate by the City of South San Francisco. The analysis shall detail the measures that will be implemented to ensure exterior noise levels are compatible with the proposed use. Measures that may be implemented to ensure appropriate noise levels include, but are not limited to, setbacks to separate the proposed nonresidential structure from the adjacent roadway, or construction of noise barriers on site. Completion and approval of acoustical analysis Plan check Developer Department of Economic and Community Development 274 11-13 CHAPTER 11 Mitigation Monitoring and Reporting Program SECTION 11.2 Mitigation Monitoring and Reporting Program Matrix South San Francisco Downtown Station Area Specific Plan EIR SCH No. 2013102001 Final EIR January 2015 City of South San Francisco Economic and Community Development Department Table 11-1 Mitigation Monitoring and Reporting Program Matrix Mitigation Measure Action Required Mitigation Timing Responsible Party Monitoring Agency or Party MM4.6-3 Site-Specific Acoustic Analysis—Multifamily Residences. Prior to the approval of building permits for the following uses, an acoustical analysis shall be performed to ensure that interior noise levels due to exterior noise sources shall be below 45 dBA CNEL: ■ Multifamily residences where exterior noise levels exceed 65 dBA CNEL or where noise contours identified in the General Plan Noise Element project a CNEL between 65 and 70 dBA ■ Multifamily residential units that are located within the same building as commercial development ■ Multifamily residential units located near a structure requiring an HVAC system ■ Building plans shall be available during design review and shall demonstrate the accurate calculation of noise attenuation for habitable rooms. For these areas, it may be necessary for the windows to be able to remain closed to ensure that interior noise levels meet the interior standard of 45 dBA CNEL. Consequently, based on the results of the interior acoustical analysis, the design for buildings in these areas may need to include a ventilation or air conditioning system to provide a habitable interior environment with the windows closed. Additionally, for new multifamily residences on properties where train horns and railroad crossing warning signals are audible, the acoustical analysis shall ensure that interior noise levels during crossing events do not exceed the Interior Noise Standards in Noise Ordinance Section 8.32.040. Completion and approval of acoustical analysis Plan check Developer Department of Economic and Community Development MM4.6-4 Construction Vibration. For all construction activities within the study area, the construction contractor shall implement the following measures during construction: a. The construction contractor shall provide, at least three weeks prior to the start of construction activities, written notification to all residential units and nonresidential tenants within 115 feet of the construction site informing them of the estimated start date and duration of vibration-generating construction activities. b. Stationary sources, such as temporary generators, shall be located as far from off-site receptors as possible. c. Trucks shall be prohibited from idling along streets serving the construction site. Verification of compliance Prior to issuance of first building permit Developer/contractor Department of Economic and Community Development 275 11-14 CHAPTER 11 Mitigation Monitoring and Reporting Program SECTION 11.2 Mitigation Monitoring and Reporting Program Matrix South San Francisco Downtown Station Area Specific Plan EIR SCH No. 2013102001 Final EIR January 2015 City of South San Francisco Economic and Community Development Department Table 11-1 Mitigation Monitoring and Reporting Program Matrix Mitigation Measure Action Required Mitigation Timing Responsible Party Monitoring Agency or Party MM4.6-5 Rail Line Groundborne Vibration. Implement the current FTA and Federal Railroad Administration (FRA) guidelines, where appropriate, to limit the extent of exposure that sensitive uses may have to groundborne vibration from trains. Specifically, Category 1 uses (vibration- sensitive equipment) within 300 feet from the rail line, Category 2 uses (residences and buildings where people normally sleep) within 200 feet, and Category 3 uses (institutional land uses) within 155 feet of the rail line shall require a site-specific groundborne vibration analysis conducted by a qualified groundborne vibration specialist in accordance with the current FTA and FRA guidelines prior to obtaining a building permit. Vibration control measures deemed appropriate by the site-specific groundborne vibration analysis to meet 65 VdB, 72 VdB, and 75 VdB respectively for Category 1, Category 2, and Category 3 uses, shall be implemented by the project applicant and approved by the City prior to receiving a building permit. Completion and approval of groundborne vibration analysis Prior to issuance of first building permit Developer Department of Economic and Community Development TRANSPORTATION/TRAFFIC MM4.10-1 A signal timing adjustment to redistribute green time to better serve future vehicle volumes would reduce delay at the intersection, and improve operations at #1 Miller Avenue/Linden Avenue. This would cause the intersection to operate at an acceptable LOS D in the PM peak hour. Completion of timing adjustment Prior to issuance of certificate of occupancy for project triggering unacceptable delay Developer Department of Public Works MM4.10-2 Convert one westbound through lane to a second westbound left-turn lane, and retime and optimize the traffic signal at E. Grand Avenue/Gateway Boulevard. Completion of street improvements Prior to issuance of certificate of occupancy for project triggering unacceptable delay Developer Department of Public Works MM4.10-3 Modify the eastbound approach to include one left-turn pocket and one through-right shared lane, and retime and optimize the traffic signal at Grand Avenue/Airport Boulevard to reallocate green time. Completion of street improvements Prior to issuance of certificate of occupancy for project triggering unacceptable delay Developer Department of Public Works MM4.10-4 Add a southbound left-turn pocket by removing existing parking and retime and optimize the traffic signal at Baden Avenue/Linden Avenue to reallocate green time to better serve future volumes. Completion of street improvements Prior to issuance of certificate of occupancy for project triggering unacceptable delay Developer Department of Public Works 276 11-15 CHAPTER 11 Mitigation Monitoring and Reporting Program SECTION 11.2 Mitigation Monitoring and Reporting Program Matrix South San Francisco Downtown Station Area Specific Plan EIR SCH No. 2013102001 Final EIR January 2015 City of South San Francisco Economic and Community Development Department Table 11-1 Mitigation Monitoring and Reporting Program Matrix Mitigation Measure Action Required Mitigation Timing Responsible Party Monitoring Agency or Party MM4.10-5 Modify the westbound approach to add a left-turn pocket, modifying the approach to include three left-turn lanes, one through lane, and one right-turn lane, and optimize the traffic signal at San Mateo Avenue/Airport Boulevard to reallocate green time to better serve future volumes. Completion of street improvements Prior to issuance of certificate of occupancy for project triggering unacceptable delay Developer Department of Public Works MM4.10-6 Include an additional westbound through lane, add a second southbound right-turn pocket, and retime and optimize the traffic signal at South Airport Boulevard/Gateway Boulevard to reallocate green time to better serve future traffic volumes. Completion of street improvements Prior to issuance of certificate of occupancy for project triggering unacceptable delay Developer Department of Public Works MM4.10-7 A signal timing adjustment to redistribute green time to better serve future vehicle volumes would reduce queuing at the southbound right-turn movement. This would cause the intersection to operate at an acceptable LOS D and with acceptable queue lengths during the PM peak hour. Completion of street improvements Prior to issuance of certificate of occupancy for project triggering unacceptable delay Developer Department of Public Works MM4.10-8 intentionally omitted 2MM4.10-9 Repurpose the eastbound and westbound approaches to include one left-turn pocket and one through-right shared lane, and retime and optimize the traffic signals at Miller Avenue/Linden Avenue. This lane modification would not require any additional right-of-way. Completion of street improvements Prior to issuance of certificate of occupancy for project triggering unacceptable delay Developer Department of Public Works MM4.10-10 A signal timing adjustment to optimize cycle length and redistribute green time to better serve future vehicle volumes would reduce delay at the intersection, and improve operations at this intersection. Completion of street improvements Prior to issuance of certificate of occupancy for project triggering unacceptable delay Developer Department of Public Works MM4.10-11 A signal timing adjustment to redistribute green time to better serve future vehicle volumes would reduce delay at the intersection, and improve operations at this intersection. This would cause the intersection to operate at an acceptable LOS D during the PM peak hour. 2 Mitigation measures MM4.10-9 through MM4.10-19 were not renumbered in the Final EIR to account for the elimination of MM4.10-8 since publication of the DEIR. 277 11-16 CHAPTER 11 Mitigation Monitoring and Reporting Program SECTION 11.2 Mitigation Monitoring and Reporting Program Matrix South San Francisco Downtown Station Area Specific Plan EIR SCH No. 2013102001 Final EIR January 2015 City of South San Francisco Economic and Community Development Department Table 11-1 Mitigation Monitoring and Reporting Program Matrix Mitigation Measure Action Required Mitigation Timing Responsible Party Monitoring Agency or Party MM4.10-12 Construct an additional northbound right-turn lane, southbound left-turn lane, southbound right-turn pocket, and retime and optimize the traffic signals at E. Grand Avenue/Gateway Boulevard. MM4.10-13 Convert the westbound approach to include one left-turn lane and one through-right shared lane. Completion of street improvements Prior to issuance of certificate of occupancy for project triggering unacceptable delay Developer Department of Public Works MM4.10-14 Modify the eastbound and westbound approach to each have one left-turn pocket and one through-right shared lane, and retime and optimize the traffic signals at Grand Avenue/Linden Avenue. Completion of street improvements Prior to issuance of certificate of occupancy for project triggering unacceptable delay Developer Department of Public Works MM4.10-15 Modify the eastbound approach to include one left-turn pocket, one through lane, and one right-turn pocket, and retime and optimize the traffic signals at Grand Avenue/Airport Boulevard. This lane modification and signal timing adjustment would reduce vehicle delay at the intersection, and improve operations at #10 Grand Avenue/Airport Boulevard. Completion of street improvements Prior to issuance of certificate of occupancy for project triggering unacceptable delay Developer Department of Public Works MM4.10-16 Retime and optimize the traffic signals at Baden Avenue/Linden Avenue. Completion of street improvements Prior to issuance of certificate of occupancy for project triggering unacceptable delay Developer Department of Public Works MM4.10-17 Construct an additional westbound left-turn lane, provide a northbound right-turn pocket, and retime and optimize the traffic signals at San Mateo Avenue/Airport Boulevard. Completion of street improvements Prior to issuance of certificate of occupancy for project triggering unacceptable delay Developer Department of Public Works MM4.10-18 Construct an additional northbound left-turn lane, and retime and optimize the traffic signals at So. Airport Boulevard/Gateway Boulevard. Completion of street improvements Prior to issuance of certificate of occupancy for project triggering unacceptable delay Developer Department of Public Works 278 11-17 CHAPTER 11 Mitigation Monitoring and Reporting Program SECTION 11.2 Mitigation Monitoring and Reporting Program Matrix South San Francisco Downtown Station Area Specific Plan EIR SCH No. 2013102001 Final EIR January 2015 City of South San Francisco Economic and Community Development Department Table 11-1 Mitigation Monitoring and Reporting Program Matrix Mitigation Measure Action Required Mitigation Timing Responsible Party Monitoring Agency or Party MM4.10-19 Modify the eastbound approach to include two left-turn lanes, one through-left shared lane, and one right-turn lane, and retime and optimize the traffic signal at US-101 NB/So. Airport Boulevard Off Ramp/So. Airport Boulevard to reallocate green time to better serve future volumes. Completion of street improvements Prior to issuance of certificate of occupancy for project triggering unacceptable delay Developer Department of Public Works 279 11-18 CHAPTER 11 Mitigation Monitoring and Reporting Program SECTION 11.2 Mitigation Monitoring and Reporting Program Matrix South San Francisco Downtown Station Area Specific Plan EIR SCH No. 2013102001 Final EIR January 2015 City of South San Francisco Economic and Community Development Department [THIS PAGE INTENTIONALLY LEFT BLANK] 280 AT T A C H M E N T 2 CI T Y C O U N C I L E N T I T L E M E N T S R E S O L U T I O N WI T H E X H I B I T S 28 1 RESOLUTION NO. _________ CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION MAKING FINDINGS AND APPROVING A USE PERMIT; DESIGN REVIEW; WAIVER AND MODIFICATION, AND A PARKING REDUCTION FOR THE DEVELOPMENT OF TWO SEVEN-STORY RESIDENTIAL BUILDINGS WITH A TOTAL OF 260 RENTAL UNITS AT BOTH CORNERS OF AIRPORT BOULEVARD AND MILLER AVENUE (309, 315, 401-421 AIRPORT BLVD.), A PRIVATE RESIDENTIAL PARKING LOT AT 405 CYPRESS AVENUE, AND TWELVE (12) TOWNHOME UNITS AT 216 MILLER AVENUE WHEREAS, the Successor Agency to the Redevelopment Agency of the City of South San Francisco (“Agency”) is the owner of certain real property located in the City of South San Francisco (“City”), California, known as County Assessor’s Parcel Number 012-317-110 (“401 Airport Boulevard”), 012-317-100 (“411 Airport Boulevard”), 012-317-090 (“421 Airport Boulevard”), 012- 314-100 (“405 Cypress Avenue”), 012-314-220 (“216 Miller Avenue”), 012-318-080 (“315 Airport Boulevard”) and collectively referred to as the “Agency Property”; and, WHEREAS, in August, 2014, the Agency and Miller Cypress SSF, LLC (“Developer”) entered into an Exclusive Negotiation Rights Agreement (“ENRA”) that established a mutual understanding among the City, the Agency, and the Developer regarding the potential development of the Agency Property; and, WHEREAS, in conjunction with the potential acquisition of the Agency Property, the Developer has acquired rights to entitle and develop County Assessor’s Parcel Number 012-318-040 (“309 Airport Boulevard”); and, WHEREAS, the Developer has proposed construction of a high-density residential development, consisting of 260 residential apartments in Phase 1, 12 for-sale residential townhomes in Phase 2, and 342 total vehicle parking spaces (“Project”) over 2.34 acres at the following addresses: 309 Airport Blvd., 315 Airport Blvd., 401-421 Airport Blvd., 405 Cypress Ave., and 216 Miller Ave. (collectively “Project Site”) in the City; and, WHEREAS, the City and the Developer now wish to enter into a Development Agreement (“Agreement”), addressed through a separate Ordinance; and, WHEREAS, Developer seeks approval of a Use Permit (UP15-0027), Design Review (DR15- 0032), Waiver and Modification (WM15-0001), and Parking Reduction (PE15-0004) for the Project (“Land Use Entitlements”); and, WHEREAS, approval of the Project and the related Development Agreement and Land Use Entitlements is considered a “project” for purposes of the California Environmental Quality Act, Pub. Resources Code § 21000, et seq. (“CEQA”); and, 282 WHEREAS, on January 28, 2015 the City Council certified an Environmental Impact Report (“EIR”) (State Clearinghouse number 2013102001) in accordance with the provisions of the California Environmental Quality Act (Public Resources Code, §§ 21000, et seq., “CEQA”) and CEQA Guidelines, which analyzed the potential environmental impacts of the development of the Downtown Station Area Specific Plan; and, WHEREAS, on January 28, 2015, the City Council also adopted a Statement of Overriding Considerations (“SOC”) in accordance with the provisions of the California Environmental Quality Act (Public Resources Code, §§ 21000, et seq., “CEQA”) and CEQA Guidelines, which carefully considered each significant and unavoidable impact identified in the EIR and found that the significant environmental impacts are acceptable in light of the project’s economic, legal, social, technological and other benefits; and, WHEREAS, the City prepared an Environmental Consistency Analysis for the Project and concluded that the Project would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the Downtown Station Area Specific Plan Program EIR certified by City Council nor would any new mitigation measures be required; and, WHEREAS, on January 21, 2016 the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to take public testimony and solicit public comment and recommended approval of the Development Agreement, the Environmental Consistency Analysis and the proposed Land Use Entitlements; and, WHEREAS, on February 10, 2016 the City Council for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the proposed Land Use Entitlements and Development Agreement, take public testimony, and adopt this resolution approving the Land Use Entitlements and Development Agreement. NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the South San Francisco General Plan and General Plan Program EIR; the Downtown Station Area Specific Plan and the Downtown Station Area Specific Plan EIR; the South San Francisco Municipal Code; the Project applications; the Project Plans, as prepared by TCA Architects, dated December 7, 2015; the Environmental Consistency Analysis, as prepared by City staff, dated February 10, 2016 including all appendices thereto; all site plans, and all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed January 21, 2016 meeting; all reports, minutes, and public testimony submitted as part of the City Council’s duly noticed February 10, 2016 meeting and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the City of South San Francisco hereby finds as follows: 283 SECTION 1 FINDINGS A. General Findings 1. The foregoing recitals are true and correct. 2. The Exhibits attached to this Resolution, including the Conditions of Project Approval (Exhibit A), and the Vacant Ford Properties Entitlement Submittal Project Plans (Exhibit B) and all final Land Use Entitlements documents are each incorporated by reference and made a part of this Resolution, as if set forth fully herein. 3. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of the Planning Manager, Sailesh Mehra. 4. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, including but not limited to the Environmental Consistency Analysis, as prepared by City staff, dated February 10, 2016, the City Council, exercising its independent judgment and analysis, finds that the Project is consistent with the analysis presented in the certified Downtown Station Area Specific Plan Program EIR, and that the Project would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the Downtown Station Area Specific Plan Program EIR certified by City Council nor would new mitigation be required for the Project. This is supported by the fact that, consistent with the Downtown Station Area Specific Plan EIR Mitigation Monitoring and Reporting Program, the project prepared Toxic Air Contaminants (TAC) and Green House Gas (GHG) Emissions Assessment, a Historic Resources Analysis, an Updated Historic Evaluation, and a Traffic and Circulation Analysis, all of which determined that the Project would not result in any new impacts not adequately evaluated and addressed by the Downtown Station Area Specific Plan Program EIR. B. Conditional Use Permit Findings 1. The proposed Project, as modified by the Land Use Entitlements, is allowed within the Downtown Transit Core and Grand Ave Core Zoning Districts and is consistent with the standards and requirements of the City’s Zoning Ordinance and with the provisions of the Downtown Transit Core and Grand Avenue Core Zoning Districts and all other titles of the SSFMC. The Project meets or exceeds all of the general development standards of the Downtown Transit Core and Grand Avenue Core Districts, with the exception of the increased density, FAR bonus, and modification to the height and private storage standards. However, the increased density and FAR is permissible and warranted by the City’s Zoning Ordinance subject to the provision of sufficient public benefits included as part of the development project. Approval of a modification to the private storage standards and height allowance 284 is discussed in sections E and F, respectively, and allowable through a waiver and modification request. 2. The proposed Project is consistent with the General Plan and the Downtown Station Area Specific Plan by creating a high-density residential environment that emphasizes pedestrian-activity with buildings built up to the property line and providing a well-articulated and visually engaging development that implements the goals of the Downtown Station Area Specific Plan, and is consistent with the City’s Design Guidelines as they relate to building design, form and articulation. 3. The proposed residential use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements, because the proposed use is consistent with the approved uses in both the General Plan and Downtown Station Area Specific Plan. The Project proposes high-density residential uses located in the City’s Downtown Station Area Specific Plan District, which is intended for this type of use, and the largest buildings in the proposed development would be located entirely on their own blocks with little or no impacts on shared property lines. The General Plan has analyzed this type of use and concluded that such residential uses are not adverse to the public health, safety, or welfare. As the proposed Project is consistent with other residential land uses in the Downtown Transit Core and Grand Avenue Core Zoning Districts, approval of the Project will not be detrimental to nearby properties. 4. The proposed Project complies with applicable design and development standards and requirements of the City’s Zoning Ordinance, with the exception of the increased density and FAR request that is evaluated under the Conditional Use Permit, and the modifications to the private storage and height standards that are evaluated under the Waiver and Modification process. The stated density and FAR exceptions are permissible and warranted by the City’s Zoning Ordinance subject to the provision of sufficient public benefits included as part of the development project. The proposed Project is located in the Downtown Transit Core and the Grand Avenue Core Zoning Districts and subject to the discussion on the exception and waiver requests below, meets the minimum standards and requirements for the zoning districts. 5. The design, location, size, and operating characteristics of the proposed Project are compatible with the existing and reasonably foreseeable future land uses in the vicinity because the Project proposes residential uses in the Downtown Transit Core and Grand Avenue Core Zoning Districts, which are specifically intended for such uses. 6. The site is physically suitable for the type of development and density proposed, as the residential use will benefit from being located in close proximity to the South San Francisco Caltrain Station, Grand Avenue and the overall Downtown Station Area Specific Plan Area, and the size and development is appropriate for the location and meets the City’s land use and zoning standards, as amended by the Conditional Use Permit or Waiver and Modification process. Access to the site via existing roadways is sufficient as the project is within a built-out urban environment, utilities are 285 provided on-site or proposed for minor upgrades, and no physical constraints such as topography or lack of facilities exists that would prevent suitable development. 7. On January 28, 2015, a program environmental impact report (EIR) was certified by the City Council of South San Francisco (Final Environmental Impact Report for the South San Francisco Downtown Station Area Specific Plan, State Clearinghouse #2013102001). The program EIR assessed the potential environmental impacts resulting from implementation of the DSASP. The DSASP established new land use, development, and urban design regulations for the area for a 20-year planning period. The DSASP Program EIR also established a Mitigation, Monitoring, and Reporting Program (MMRP) with mitigation measures for any project meeting certain thresholds. CEQA allows for limited environmental review of subsequent projects under a program EIR when an agency finds that a project would not create any new environmental effects beyond those previously analyzed under a program EIR and would not require any new mitigation measures. An Environmental Consistency Analysis has been prepared to consider whether any new environmental effects not identified in the DSASP Program EIR might be created by construction and operation of the Project. The analysis concluded that the proposed Project is in compliance with all applicable DSASP regulations, will comply with the DSASP Program EIR MMRP and would not create any additional environmental impacts in excess of those addressed by the DSASP program EIR and Statement of Overriding Considerations nor would new mitigation measures be required. 8. The proposal would result in a Project whose proposed public benefits and requested development incentives are suitable to the site as envisioned by the Downtown Station Area Specific Plan and relate appropriately to adjacent uses and structures. The provision of new pedestrian crossings, bicycle lane restriping, and landscaping will enhance the public realm and is consistent with Urban Design Strategy UD-16 and Guiding Principles 17 and 41. The provision of funds for public art will further enhance the Downtown area and is consistent with Urban Design Strategy UD-48. Finally, the provision of additional residential units through the increased density will house more residents within the downtown to create a vibrant community for Downtown and is consistent with Land Use Strategies LU-4, LU-5, and LU-8. 9. The proposed Project would be consistent with the accepted list of public benefits outlined in Section 20.280.004(A) and such benefits would not otherwise result through provisions of the City’s policies, ordinances, or other requirements. The proposed payment of the proposed Parks and Recreation in-lieu fee represents a substantial payment towards park and recreation investment; and the proposed public infrastructure enhancements are encouraged within the Pedestrian Priority Zone but not required, and the addition of public art will be a cultural contribution to the Downtown area that would not otherwise exist. 10. The proposed Project reflects a fair financial balance of costs and benefits to the applicant and the City. The monetary value of the community benefits to the City exceeds the anticipated financial 286 gain to the Developer for the addition of 45 units above the base density . C. Design Review Findings 1. The Project, including Design Review, is consistent with Title 20 of the South San Francisco Municipal Code because the Project has been designed as a high-density residential project which will provide a pedestrian-friendly, transit-oriented environment with sustainability elements incorporated. 2. The Project, including Design Review, is consistent with the General Plan because the proposed high-density residential development is consistent with the policies and design direction provided in the South San Francisco General Plan for the Downtown Transit Core and Grand Avenue Core land use designations by encouraging the development of new residential units within close proximity to the South San Francisco Caltrain Station and within the Downtown Station Area Specific Plan area. 3. The Project, including Design Review, is consistent with the applicable design guidelines adopted by the City Council in that the proposed Project is consistent with the Downtown Station Area Specific Plan Design Guidelines, as evaluated in the Zoning Ordinance Compliance analysis for the Project. 4. The Project is consistent with the proposed Use Permit, Waiver and Modification, and Parking Reduction for the reasons stated in Section C, D, E, and F respectively. 5. The Project is consistent with the applicable design review criteria in South San Francisco Municipal Code Section 20.480.006 (“Design Review Criteria”) because the project has been evaluated by the Design Review Board on November 17, 2015, and found to be consistent with each of the eight design review criteria included in the “Design Review Criteria” section of the Ordinance, and the Design Review Board. D. Waiver and Modification for Private Storage Requirement Findings 1. The Waiver and Modification request to reduce the Downtown Station Area Specific Plan District Private Storage requirement by 10% is necessary due to the physical characteristics of the proposed developments on Parcels A (401-421 Airport Boulevard) and D (309-315 Airport Boulevard) that are constrained by high traffic roads and therefore have limited parking circulation options within the proposed buildings’ footprints. As a result, the provision of private storage areas would come at the expense of providing required parking for both parcels since the recently adopted Downtown Station Area Specific Plan District zoning requires a minimum depth of 4’-0” for each storage unit and cannot be located above a parking space due to the Americans with Disabilities Act. The proposed reduction 287 would reduce the total number of private storage spaces from 272 to 245 units and to mitigate this reduction, staff has recommended a Condition of Approval requiring that if the proposed reduction to the Private Storage requirement results in unfavorable conditions related to storage on balconies, or within approved on-site parking spaces, the applicant shall provide off-site storage options to residents, with prior approval by the Chief Planner. 2. Due to the Project’s tight floor plate design for the structured parking, there are no alternatives to the Waiver and Modification to reduce the Downtown Station Area Specific Plan District Private Storage requirement by 10% that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public. Since this requirement relates to private storage, the impact to surrounding owners and occupants, as well as the general public, is minimal since few or no residents would contemplate storing valuable goods within the public right-of-way, and a Condition of Approval has been included to prevent storage on balconies or within on-site parking spaces. 3. The granting of the requested Waiver and Modification would not be detrimental to the health or safety of the public or the occupants of the property given the minor Private Storage requirement reduction of 10% and the proposed Condition of Approval to require off-site storage if unfavorable conditions arise within the development. The reduction in on-site private storage will allow for additional on-site parking spaces and preserve the public right-of-way for surrounding residents. E. Waiver and Modification for Height in the Grand Avenue Core Zoning District Findings 1. The Waiver and Modification request to allow a 10% increase in the overall height limit of 65’-0” within the Grand Avenue Core would result in a maximum height of 72’-0” for the portion of the Parcel D building located on 309 Airport Boulevard. This Waiver and Modification request is necessary due to the physical characteristics of the property and the proposed design of the residential building; the heights of the two levels of structured parking at the ground and 2nd level have been reduced as much as possible, and set below grade as much as possible without disrupting both the existing water table, and a large quantity of soil, which contains high levels of lead and makes further excavation difficult and cost-prohibitive. 2. The Waiver and Modification request to allow a 10% increase in the overall height limit of 65’-0” within the Grand Avenue Core is the only option that ensures the building design can be constructed. While the applicant could reduce the height of the proposed Parcel D building on the portion of property zoned Grand Avenue Core, this would reduce the overall number of units provided and result in a reduced project benefit to the City and developer. The applicant could also propose a Zoning and General Plan Amendment to adjust the boundaries of the Downtown Transit Core Zoning District, but this type of revision would require additional environmental analysis and is not likely to be supported by the City. Therefore, using the Waiver and Modification request provides the developer 288 with the only reasonable option for design of the project. Because of the isolated location of the Project away from sensitive residential uses and adjacent to Airport Boulevard to the east and a parking lot to the west, the important gateway location to the Downtown, and the relatively small footprint of the 309 Airport Boulevard parcel (7,600 SF), the modification to allow a height increase of 7’-0” represents a small adjustment that preserves a high-quality project and there are no alternatives to the Waiver and Modification request that would provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public. All other portions of the project are consistent with the zoning height requirements. 3. The granting of the requested Waiver and Modification would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with other zoning requirements given that the Project use is permitted, the density is permitted through the Downtown Station Area Specific Plan District regulations, and the height increase of 7’-0” will have minimal or no impact on the rest of the development, which meets all zoning height requirements. Instead, this Waiver and Modification request preserves proposed residential units that will benefit the Downtown area and such height increase should not result in shadow impacts on surrounding properties, given the block configuration and project design. F. Parking Reduction Findings 1. Although the Project requests a 25% reduction in overall required parking spaces, this reduction would account for the 21% of proposed parking spaces that would be tandem or compact spaces and not consistent with the Zoning Ordinance. A total of 337 parking spaces are required and the applicant has proposed 342 parking spaces; however, 73 spaces would be compact or tandem. With the proposed Conditions of Approval to require parking signage and manage the parking assignment for tenants, the Project will provide sufficient on-site parking. Additionally, the Caltrain commuter station and SamTrans bus routes, along with a proposed bicycle share program, represent alternative travel modes that will support residents without vehicles and encourage visitors to the Project to take alternative modes of transportation; thus, there is sufficient parking within the site and the surrounding District to accommodate the proposed use. Further, as the Project is conveniently located to transit and there is sufficient parking on-site, the parking demand generated by the Project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco hereby makes the findings contained in this Resolution, and approves the Use Permit (UP15-0027), Design Review (DR15-0032), Waiver and Modification (WM15-0001), and Parking Reduction (PE15-0004) contained in the Land Use Entitlements, subject to the draft Conditions of Approval, attached as Exhibit A. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. 289 * * * * * * * I hereby certify that the foregoing resolution was adopted by the City Council of the City of South San Francisco at a regular meeting held on the 10th day of February, 2016 by the following vote: AYES:________________________________________________________________ NOES:________________________________________________________________ ABSTENTIONS:________________________________________________________ ABSENT:______________________________________________________________ Attest:__________________________________ Krista Martinelli, City Clerk 290 Exhibit A Conditions of Approval 291 DRAFT CONDITIONS OF APPROVAL P15-0036: UP15-0027, DR15-0032, WM15-0001, PE15-0004, & DA15-0003 309, 315, 401-421 Airport Blvd., 405 Cypress Ave., 216 Miller Ave. (As recommended by City Staff on February 10, 2016) A) Planning Division requirements shall be as follows: 1. The applicant shall comply with the Planning Divisions standard Conditions and Limitations for Commercial, Industrial, Mixed-Use and Multi-Family Residential Projects. 2. The project shall be constructed and operated substantially as indicated on the plan set prepared by TCA Architects, dated December 7, 2015. 3. The applicant shall comply with all applicable mitigation measures outlined in the Mitigation Monitoring and Reporting Program (MMRP) for the Downtown Station Area Specific Plan. 4. The applicant shall comply with the recommendations of the Miller-Cypress SSF Parcels TAC and GHG Emissions Assessment, prepared by Illingworth & Rodkin, Inc., dated November 11, 2015 and the following for Parcel C (216 Miller Avenue): Implement the following measures to minimize emissions from diesel equipment: a) All diesel-powered off-road equipment larger than 50 horsepower and operating at the site for more than two days continuously shall meet U.S. EPA particulate matter emissions standards for Tier 2 engines or equivalent. b) All portable pieces of construction equipment (i.e., air compressors, cement mixers, concrete/industrial saws, generators, and welders) meet U.S. EPA particulate matter emissions standards for Tier 4 engines or equivalent. c) Avoid staging equipment adjacent to residences. 5. The applicant shall comply with all terms and conditions specified in the Development Agreement. 6. The applicant shall notify all prospective tenants in writing that the project is within an urban downtown with regular and typical noise and emissions due to its location. 7. Landscaped areas in the project area may contain trees defined as protected by the South San Francisco Tree Preservation Ordinance, Title 13, Chapter 13.30. Any removal or pruning of protected trees shall comply with the Tree Preservation Ordinance and obtain a permit for any tree removals or alterations of protected trees, and avoid tree roots during trenching for utilities. 292 8. The applicant shall erect a plaque at or in front of the site of the original 1925 structure (315 Airport Boulevard) describing the history of Fred J. Lautze and the Ford dealership. The final design for the plaque shall be reviewed and approved by the Chief Planner. 9. The applicant shall comply with the Visual Artists Rights Act (VARA) and any applicable provisions of the California Art Preservation Act (CAPA) in connection with the rights under said statutes of artist Catalina Gonzalez, creator of the mural “Transporting Oneself” located at 415 Airport Boulevard prior to building demolition. Written confirmation of compliance with said statutes shall be transmitted to the City prior to issuance of a demolition or building permit. 10. Prior to issuance of any building or construction permits, the developer shall include in the development plans the following Climate Action Plan requirements, subject to review and approval by the Chief Planner or designee: a) Install conduit to accommodate wiring for solar. b) Use of high-albedo surfaces and technologies as appropriate, as identified in the voluntary CALGreen standards. c) Implement the Water Efficient Landscape Ordinance. 11. The applicant shall comply with the recommendations of the Noise Assessment Study for the Planned “Miller Ace” Multi-Family Development, prepared by Edward L. Pack Associates, Inc., dated June 26, 2015 and the following: a) Maintain closed at all times, all windows and glass doors of living spaces on the outer periphery of the buildings on Parcels A, C and D that face south, east or north. Install windows and glass doors with the Sound Transmission Class (STC) ratings indicated on Figures 2, 3 and 4 on pages 8, 9 and 10. b) Provide some type of mechanical ventilation for all living spaces with a closed window condition. c) Unshielded entry doors having a direct or side orientation toward the primary noise source must be 1-5/8" or 1-3/4" thick, insulated metal or solid-core wood construction with effective weather seals around the full perimeter. d) If any penetrations in the building shell are required for vents, piping, conduit, etc., sound leakage around these penetrations can be controlled by sealing all cracks and clearance spaces with a non-hardening caulking compound. e) Ventilation openings shall not compromise the acoustical integrity of the building shell. 12. The applicant shall comply with the recommendations of the Miller Cypress Residential Project Traffic Study, prepared by Hexagon Transportation Consultants, Inc., dated 293 November 6, 2015 and revised December 11, 2015; the Miller Avenue Residential Project Impact on Tamarack Lane, prepared by Hexagon Transportation Consultants, Inc., dated December 28, 2015; and the following: a) No loading spaces are provided for this project. The applicant shall secure on-street temporary parking permits to reserve spaces through the Finance Department during initial move-in or move-in phases of the project. b) Proposed tandem parking spaces shall be labeled and assigned to residents of the same unit with one full-size and one compact vehicle. Proposed compact parking shall be labeled and assigned/leased to residents with compact vehicles, as much as possible to ensure proper circulation on-site. c) Provide signage for the proposed parking lot at Parcel B (405 Cypress Avenue) that indicates “Restricted Parking” for residents and guests, with final approval by the Chief Planner. d) Exiting driveways from the structured parking of Parcels A and D shall include some type of pedestrian notification or be designed to ensure safe pedestrian crossing, subject to final approval of the Chief Planner and Engineering Division. 13. Per SSFMC 20.280.006.G, parking in excess of one space per unit may be sold or rented separate from the residential unit. For apartment developments, 50 percent of the required parking may be unbundled. All spaces shall be reserved for residential tenants and authorized guests within the development. 14. All parking areas are to be maintained free and clear of litter and storage and shall remain clear for parking at all times. No outdoor storage of materials or personal items is permitted. 15. The public art installation proposed for the project shall be designed and installed through a separate public review process with the City, at the direction of the Chief Planner and the Parks and Recreation Director. 16. If the proposed reduction to the Private Storage requirement results in unfavorable conditions related to storage on balconies, or within approved on-site parking spaces, the applicant shall provide off-site storage options to residents, with prior approval by the Chief Planner. 17. All equipment (either roof, building, or ground-mounted) shall be screened from view through the use of integral architectural elements, such as enclosures or roof screens, and landscape screening or shall be incorporated inside the exterior building wall. Equipment enclosures and/or roof screens shall be painted to match the building. Prior to issuance of a building permit the applicant shall submit plans showing utility locations, stand-pipes, equipment enclosures, landscape screens, and/or roof screens for review and approval by the Chief Planner. 294 18. No signs are included in this permit application. Prior to installation of any signage, the applicant shall submit an appropriate sign application per Chapter 20.360 of the Zoning Ordinance for review and approval. 19. Prior to issuance of any building or construction permits for the construction of public improvements, the final design for all public improvements shall be reviewed and approved by the City Engineer and Chief Planner. 20. Prior to issuance of any building or construction permits for grading improvements, the applicant shall submit final grading plans for review and approval by the City Engineer and Chief Planner. 21. Prior to issuance of any building or construction permits for landscaping improvements, the applicant shall submit final landscaping and irrigation plans for review and approval by the Chief Planner. The plans shall include documentation of compliance with SSFMC § 20.300.007 “Landscaping”, including Water Efficient Landscaping and Irrigation calculations. 22. Prior to the issuance of any building or construction permits, the applicant shall contact the South San Francisco Scavenger Company to properly size any required trash enclosures and work with staff to locate the trash enclosure in accordance with the zoning ordinance, SSFMC 20.300.014. An approval letter from South San Francisco Scavenger shall be provided to the Chief Planner. 23. Prior to issuance of certificate of occupancy for residential uses, the applicant shall pay any applicable childcare fees in accordance with South San Francisco Municipal Code Chapter 20.115. This fee is subject to annual adjustment, and presently is assessed at $1,851.00 per high density residential unit. 24. The applicant shall provide a full-scale mockup of a section of exterior wall that shows the cladding materials and finishes, windows, trim, and any other architectural features of the building to fully illustrate building fenestration. A site inspection by Planning Division staff will be required prior to proceeding with exterior construction. 25. Any standpipe system proposed for the building shall be enclosed or recessed in a manner consistent with the proposed building’s architecture and subject to Chief Planner approval. 26. Any modification to the approved plans shall be subject to SSFMC Section 20.450.012 (“Modification”), whereby the Chief Planner may approve minor changes. All exterior design modifications, including any and all utilities, shall be presented to the Chief Planner for a determination. 27. Before issuance of a building permit for development of the twelve (12) for-sale units at 216 Miller Avenue in Phase II, the applicant shall execute an Affordable Housing Agreement with the City dedicating the required number of units pursuant to South San Francisco Municipal Code Chapter 20.380 and shall record said Affordable Housing Agreement. 295 Planning Division contact: Tony Rozzi, Senior Planner (650) 877-8535 B) Fire Department requirements shall be as follows: 1. Prior to issuance of a building permit the applicant shall submit plans showing the following improvements for review and approval by the Fire Marshal or designee: a) Install fire sprinkler system per NFPA 13/SSFFD requirements under separate fire plan check and permit for overhead and underground. b) The maximum elevation of 60 feet is permitted with combustible construction - either reduce the elevation or submit an Alternate materials and methods of construction addressing this issue. c) Fire sprinkler system shall be central station monitored per California Fire Code section 1003.3. d) Install a standpipe system per NFPA 14/SSFFD requirements under separate fire plan check and permit. e) Install exterior listed horn/strobe alarm device, not a bell. f) Elevator if provided shall not contain shunt-trips. g) At least one elevator shall be sized for a gurney the minimum size shall be in accordance with the CFC. h) Fire alarm plans shall be provided per NFPA 72 and the City of South San Francisco Municipal Code. i) Provide fire extinguishers throughout the building. j) All Non parking space curbs to be painted red to local Fire Code Specifications k) Access road shall have all weather driving capabilities and support the imposed load of 75,000 pounds. l) Provide fire hydrants; location and number to be determined. m) Provide fire hydrants with an average spacing of 300 feet between hydrants. n) The fire hydrants shall have a minimum fire flow of 3000 gpm at 20 psi residual pressure for duration of 4 hours. 296 o) All buildings shall provide premise identification in accordance with SSF municipal code section 15.24.100. p) Provide Knox key box for each building with access keys to entry doors, electrical/mechanical rooms, elevators, and others to be determined. q) The minimum road width is 20 feet per the California Fire Code. r) All buildings shall have Emergency Responder Radio Coverage throughout in compliance with Section 510 of the California Fire Code. 2. Prior to issuance of any building or construction permit, the applicant shall pay any applicable Public Safety Impact Fee in accordance with City Council Resolution 97-2012. This fee is subject to annual adjustment, and presently the amounts for high density residential are $168.90 per unit for the Police Department and $394.10 per unit for the Fire Department. Fire Prevention contact: Luis DaSilva, Fire Marshal (650) 829-6645 C) Engineering Division requirements shall be as follows: 1. The building permit application plans shall conform to the standards of the Engineering Division’s “Building Permit Typical Plan Check Submittals” requirements, copies of which are available from the Engineering Division. 2. The owner shall, at his/her expense, replace any broken sidewalk, curb, and gutter fronting the property. The City of SSF shall be the sole judge of whether any such replacement is necessary. 3. For any work performed in the City’s right-of-way, the Owner shall apply for and obtain an encroachment permit, and shall be responsible for all fees and deposits for the permit. 4. Pay sewer lateral connection fee. 5. If excavation and grading work involves movement of more than 50 cubic yards of soil, a grading permit is required. Owner is responsible for all associated fees and deposits. 6. Applicant needs to do sewer study to verify that the existing sewer mains can handle the additional flow the new developments on the various parcels. Engineering Division contact: Robert T. Hahn, Senior Engineer (650) 829-6652 D) Police Department requirements shall be as follows: 1. Municipal Code Compliance. The applicant shall comply with the provisions of Chapter 15.48 of the Municipal Code, "Minimum Building Security Standards" Ordinance revised May 1995. The Police Department reserves the right to make additional security and safety conditions, if necessary, upon receipt of detailed / revised building plans. 297 2. Any leasing or sales offices within the building shall be alarmed with a central station silent intruder alarm system. 3. Per South San Francisco Municipal Code 15.48.085 -Additional Security Measures, the following conditions will also be required: a) Security Camera System Pedestrian entrance/exits, parking garage entrance/exits, any loading docks or other points of entry into the building shall have video surveillance cameras installed to record the persons or vehicles who enter those areas. The video surveillance cameras will be used as a crime deterrent and assist with the identification and apprehension of criminals if a crime is committed on the property. The video surveillance systems shall be: i. Maintained in proper working order at all times; and ii. Kept in continuous operation 24 hours a day, 7 days a week; and iii. Have enough memory to retain the data from all cameras for a period of 30 days; and iv. Have the ability to view and retrieve data while the system remains in operation. 4. The Police Department reserves the right to review and comment upon the submission of revised and updated plans. Police Department contact: Lieutenant Adam Plank (650) 877-7248 E) Water Quality Control Plant requirements shall be as follows: 1. Fire sprinkler test drain must be connected to the sanitary sewer. 2. Condensate drains from HVAC system must be connected to the sanitary sewer. 3. Site is subject to Low impact development requirements; site must treat storm water prior to it entering the storm water system. Complete applicable forms for low impact development. 4. The onsite catch basins are to be stenciled with the approved San Mateo Countywide Storm water Logo (No Dumping! Flows to Bay). 5. Landscaping shall meet the following conditions related to reduction of pesticide use on the project site: a) Where feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain, and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolonged 298 exposure to water shall be specified. b) Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. c) Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent practicable. d) Proper maintenance of landscaping, with minimal pesticide use, shall be the responsibility of the property owner. e) Integrated pest management (IPM) principles and techniques shall be encouraged as part of the landscaping design to the maximum extent practicable. Examples of IPM principles and techniques include: i. Select plants that are well adapted to soil conditions at the site. ii. Select plants that are well adapted to sun and shade conditions at the site. In making these selections, consider future conditions when plants reach maturity, as well as seasonal changes. iii. Provide irrigation appropriate to the water requirements of the selected plants. iv. Select pest-resistant and disease-resistant plants. v. Plant a diversity of species to prevent a potential pest infestation from affecting the entire landscaping plan. vi. Use “insectary” plants in the landscaping to attract and keep beneficial insects. 6. No decorative bark shall be used in landscaping. 7. A grading and drainage plan must be submitted. 8. An erosion and sediment control plan must be submitted. Water Quality contact: Rob Lecel (650) 877-8555 299 Exhibit B Vacant Ford Properties Entitlement Submittal Project Plans 2599196.1 300 30 1 30 2 30 3 30 4 30 5 30 6 30 7 30 8 30 9 31 0 31 1 31 2 31 3 31 4 31 5 31 6 31 7 31 8 31 9 32 0 32 1 32 2 32 3 32 4 32 5 32 6 32 7 32 8 32 9 33 0 33 1 33 2 33 3 33 4 33 5 33 6 33 7 33 8 33 9 34 0 34 1 34 2 34 3 34 4 34 5 34 6 34 7 34 8 34 9 35 0 35 1 35 2 35 3 35 4 35 5 35 6 35 7 35 8 35 9 36 0 36 1 36 2 36 3 36 4 36 5 36 6 36 7 36 8 36 9 37 0 37 1 37 2 37 3 37 4 37 5 37 6 VA C A N T F O R D P R O P E R T I E S SO U T H S A N F R A N C I S C O , C A EN T I T L E M E N T S U B M I T T A L S E T JA N U A R Y 0 4 , 2 0 1 6 TC A # 2 0 1 4 - 0 3 0 SOLAR ACCESS REPORT 8 A M 10 A M 8 A M 10 A M SU M M E R S O L S T I C E WI N T E R S O L S T I C E G-6.0 37 7 VA C A N T F O R D P R O P E R T I E S SO U T H S A N F R A N C I S C O , C A EN T I T L E M E N T S U B M I T T A L S E T JA N U A R Y 0 4 , 2 0 1 6 TC A # 2 0 1 4 - 0 3 0 SOLAR ACCESS REPORT 12 P M 2 P M 12 P M 2 P M SU M M E R S O L S T I C E WI N T E R S O L S T I C E G-6.1 37 8 VA C A N T F O R D P R O P E R T I E S SO U T H S A N F R A N C I S C O , C A EN T I T L E M E N T S U B M I T T A L S E T JA N U A R Y 0 4 , 2 0 1 6 TC A # 2 0 1 4 - 0 3 0 SOLAR ACCESS REPORT 4 P M 4 P M SU M M E R S O L S T I C E WI N T E R S O L S T I C E G-6.1 37 9 ATTACHMENT 3 PLANNING COMMISSION EXHIBITS 380 EXHIBIT A PLANNING COMMISSION STAFF REPORT FOR JANUARY 21, 2016 381 Planning Commission Staff Report DATE: January 21, 2016 TO: Planning Commission SUBJECT: Ford Properties Residential Development - Request for a Conditional Use Permit and Design Review to construct two new seven-story residential buildings with a total of 260 units at both corners of Airport Boulevard and Miller Avenue (309, 315, 401-421 Airport Boulevard), a private residential parking lot at 405 Cypress Avenue, and twelve (12) townhome units at 216 Miller Avenue; request for Modification to private storage and building height zoning standards; request for a Parking Reduction to reduce provided parking by 25% to accommodate a portion of compact parking spaces designed for the project; and consideration of an Environmental Consistency Analysis and a Development Agreement. Parcels are located in the Downtown Transit Core (DTC) or Grand Avenue Core (GAC) Zoning Districts and the Conditional Use Permit, Design Review, Waiver and Modification, Parking Reduction requests and Development Agreement are in accordance with SSFMC Chapters 20.280, 20.330, 20.480, 20.490, 20.510 & 19.60. Address: 309, 315, 401-421 Airport Blvd., 405 Cypress Ave., 216 Miller Ave. Owner: South San Francisco Successor Agency Applicant: Miller Cypress SSF, LLC Case No.: P15-0036: UP15-0027, DR15-0032, WM15-0001, PE15-0004, & DA15-0003 RECOMMENDATION It is recommended that the Planning Commission take the following action: 1. Adopt a Resolution making findings and recommending that the City Council approve the Development Agreement with Miller Cypress SSF, LLC for the development of four downtown area sites, approve the Environmental Consistency Analysis, and approve entitlements UP15-0027, DR15-0032, WM15-0001, PE15-0004, & DA15-0003 based on the attached draft findings and subject to the attached draft conditions of approval. BACKGROUND Introduction The project site consists of seven separate lots, totaling 101,980 square feet and approximately 2.34 acres. The properties that were originally acquired by the South San Francisco Redevelopment Agency (“Redevelopment Agency”) include the former Ford Vehicle dealership properties at 315, 401-421 Airport Boulevard, and 405 Cypress Avenue. Additionally, a private parking lot at 216 Miller Avenue was acquired. The properties were assembled by the Redevelopment Agency to facilitate a major transit oriented development in the Downtown for a City-selected commercial or residential developer. 382 Staff Report Subject: Ford Properties Residential Development Date: January 21, 2015 Page 2 of 22 Upon the dissolution of redevelopment agencies by the State of California, the California Department of Finance (“DOF”) authorized the transfer of the former Redevelopment Agency’s property assets to the South San Francisco Successor Agency (“Successor Agency”). The Successor Agency was then required to develop a Long Range Property Management Plan (“LRPMP”) that governs the disposition and use of all former redevelopment agency properties. The LRPMP calls for the subject sites to be retained by the City for future development; the LRPMP has been approved by both the Oversight Board and the DOF. The properties are now owned by the Successor Agency to the City. The Successor Agency has previously authorized an Exclusive Negotiating Rights Agreement (“ENRA”) with the Sares Regis Group which will result in a Purchase and Sale Agreement (“PSA”) to acquire the properties and a Development Agreement (“DA) for development of the 315, 401-421 Airport Boulevard, 405 Cypress Avenue, and 216 Miller Avenue properties. The property at 309 Airport Avenue was separately acquired by the Sares Regis Group. The PSA includes specific terms for the development and timeline. The Planning Commission is asked to consider and make a recommendation to the City Council on the Development Agreement, as well as the other requested entitlements. DEVELOPMENT AGREEMENT The applicant and the City have negotiated a Development Agreement to clarify and obligate Project features and mitigation measures. The key features of the DA include: • The term of the DA shall be ten (10) years. • Payment of applicable fees, including the Public Safety Impact Fee and Child Care Impact Fee. • Payment of the following Community Enhancement Payments: o Public Art Commitment - Twenty-five thousand dollars ($25,000) o Community Benefit Payment - Five hundred thousand dollars ($500,000) o Park In-Lieu Payment - Ten thousand dollars ($10,000) per residential unit constructed The proposed Development Agreement is attached as Attachment 1, Exhibit B to the Entitlements Resolution. Note that, pursuant to SSFMC section 19.60.100, the Planning Commission’s recommendation to the City Council shall include the Commission’s determination that the DA: 1. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; 2. Is compatible with the uses authorized in, and the regulations prescribed for the land use district in which the real property is located; 3. Is in conformity with public convenience, general welfare and good land use practice; 4. Will not be detrimental to the health, safety and general welfare; and 5. Will not adversely affect the orderly development of property or the preservation of property valued. The findings have been made and are included in the draft Resolution for the Planning Commission’s consideration. 383 Staff Report Subject: Ford Properties Residential Development Date: January 21, 2015 Page 3 of 22 ENTITLEMENT DISCUSSION Project Overview The project site is in the western portion of the DSASP area. The immediate vicinity includes the nearby South San Francisco Caltrain station, US-101, Airport Boulevard and a mixture of low-density mixed-use and commercial development along Airport Boulevard, Grand Avenue, and Miller Avenue. As shown in the image below, the proposed project is split among four locations and located at the intersection of Airport Boulevard, Miller and Cypress Avenues (Parcels A, D), and 216 Miller Avenue (Parcel C). Figure 1 - Project Aerial The project sites include a vacant, two-story Ford Vehicle dealership building; a vacant, two-story 21-room Single-Room Occupancy Hotel; and two private surface parking lots that are unavailable to the public. The applicant proposes the development of 272 units in two phases over 2.34 acres. Phase 1 at Parcels A and D includes the redevelopment of the property containing the former Ford Vehicle dealership and supporting buildings, as well as an acquired single-room occupancy hotel. The two residential apartment buildings proposed to be built on the sites would be seven stories in height. Each building will have five residential stories over two garage levels. The building at Parcel A (401-421 Airport Boulevard) will have 160 apartment homes and the building at Parcel D (309/315 Airport Boulevard) will have 100 apartment homes. The vacant Parcel B at 405 Cypress Avenue would be converted into a private residential parking lot to support the apartment 384 Staff Report Subject: Ford Properties Residential Development Date: January 21, 2015 Page 4 of 22 community. Phase 2 of the project would develop the vacant Parcel C (216 Miller) into twelve (12) for-sale townhomes. This phase of the project will require a separate and future subdivision map and affordable housing agreement before the Planning Commission and City Council. For the purposes of this application, the site plan, floor plan, and elevations for Parcel C are only being considered. The applicant proposes approximately 342 supporting vehicle parking spaces, 26 short-term bicycle parking spaces, and 73 secure bike rack spaces. A portion of the vehicle parking spaces are proposed to be compact, measuring 8’-6” by 16’ instead of the standard 8’-6” by 18’; the applicant has requested a Parking Reduction to reduce the number of required parking spaces by 25% to allow for the compact space design, which is not a recognized dimension in the Zoning Ordinance. Additionally, the project includes: • 15,259 sq. ft. of Courtyard space; • 802 sq. ft. of rooftop decking; • 5,510 sq. ft. in private apartment decks; • A club/fitness room, measuring nearly 5,200 sq. ft.; and • A lounge area of 1,000 sq. ft. The sidewalks would be replaced along the project site perimeter to meet the minimum sidewalk standards set forth in the DSASP and pedestrian improvements include bulb out extensions at all four corners of the intersection at Miller Avenue and Cypress Avenue. Some on-site trees will remain, as possible, and the landscaping plan proposes over forty new street trees and additional landscaping. Sidewalk amenities would also include new street and pedestrian lighting, landscaping, public bicycle racks and sidewalk corner treatments (e.g., crossing ramps) that would comply with City and Americans with Disabilities Act (ADA) requirements. A new storm drain system is also proposed on Miller Avenue to manage new runoff. Figure 2 – Parcels A, C, & D Rendering View from Cypress Avenue 385 Staff Report Subject: Ford Properties Residential Development Date: January 21, 2015 Page 5 of 22 Figure 3 – Parcels A & D Rendering View from Airport Boulevard Building Architecture The architectural style of building speaks to the industrial heritage of South San Francisco, combining both modern and traditional cladding materials. The design in some ways borrows from the clean, modern design of new loft and apartment design for the millennial generation with large storefront and apartment windows, and communal space. This is a departure from the more traditional, two-story architecture along Grand Avenue and focuses the greatest density of the development proposal along Airport Boulevard nearest to the Caltrain commuter station. The project would be visible from the US-101 and proposes an anchoring element at the corner of the Parcel A building at Airport Boulevard and Lux Avenue. For Parcels A and D, the first two stories of the buildings will be structured parking along Airport Boulevard with green screening and landscaping. Along the Cypress Avenue elevation, both buildings would create active entry space to the lobby, shared exercise facility, and townhome entrances. A mixture of cementious faux wood and concrete siding, concrete paneling, window storefront system, and metal awnings anchor the street level design. The upper floors would be dedicated to residential units and would utilize a similar combination of cladding materials to create a design rhythm along both Cypress Avenue and Airport Boulevard. Parcels A & D are not identical; instead, the cladding materials are shared but use distinct and complementary color schemes. The project proposes that Parcel C is developed with 12 for-sale townhomes. Similar materials to the other buildings would clad the facades, although the scale of the buildings would be only three stories. Garage access would be predominant on the Tamarack Lane elevation but the Miller Avenue elevation would cater to pedestrians with home entrances, landscaping, and a pedestrian paseo. 386 Staff Report Subject: Ford Properties Residential Development Date: January 21, 2015 Page 6 of 22 Figure 3 – Parcel C Elevations Parking/Loading Residential parking will be provided on-site for the townhome proposal at Parcel C, and within structured garages on Parcels A and D. Additionally, the applicant has proposed a landscaped parking lot at Parcel B with 25 spaces for the residents and guests of the Parcel A and D development. The vehicle entrance for Parcel C will be from Tamarack Lane, a one-way access; no vehicle access will occur from Miller Avenue for Parcel C. Parcel A’s 160 units will be primarily parked on two levels of structured parking containing 174 spaces with recessed access from Miller Avenue and Lux Avenue. A gate is proposed for the garage entrances but is recessed to prevent queuing congestion onto Miller or Lux Avenue. Evaluation from Hexagon Transportation Consultants (Attachment 1, Exhibit C iii) and peer review by the Engineering Division suggests that circulation should not interfere with road traffic on Miller Avenue or vehicles exiting the US-101 southbound off-ramp at Grand Avenue. The parking spaces are composed of 95 standard spaces, 14 tandem spaces, 56 compact spaces, and 9 spaces compliant with the Americans with Disabilities Act of 1990 (ADA). The applicant has requested a Parking Reduction to permit the portion of parking spaces that are tandem and compact, however, since the dimensions are not compliant with the parking standards of the City’s Zoning Ordinance. This is discussed in more detail within the Zoning Consistency section of the report. Parcel D’s 100 units are also parked on two levels of structured parking containing 122 spaces with access from Cypress Avenue. Hexagon Transportation Consultants also reviewed this circulation design and recommended that the layout was appropriate based on the one-way traffic demand on Cypress Avenue. Landscaping/Open Space Open space areas for residents will be shared among the podium courtyards, rooftop decking, and also provided through private balconies. The courtyard includes a mixture of public areas with seating and outdoor activity space, and will also have direct access to the fitness room for Parcel A and to the courtyard residential units for Parcel D. Both courtyards will be surrounded by the 3rd – 7th floors of residential units at Parcels A and D. On the street level, the applicant is proposing a combination of street trees and large planters along Cypress Avenue, Miller Avenue, and Lux Avenue to scale the proposed buildings and enhance the proposed parking lot at Parcel B. The 10’-0” sidewalks propose 4’-0” of buffer landscaping at the street side to enhance and protect pedestrians. The applicant is also proposing accent paving and intersection curb extensions, or bulbouts, at the Airport Boulevard, and at the intersection of Miller Avenue and Cypress Avenue. The parking garages will have a planting strip for screening and as shown in Figure 4, and the Airport Avenue bicycle lane will be updated and painted green for added bicycle safety. A detail of the proposed species is included in the project plans (Attachment 1, Exhibit D - Sheet L-8). A public art installation is also proposed for the northwest corner 387 Staff Report Subject: Ford Properties Residential Development Date: January 21, 2015 Page 7 of 22 of Miller Avenue and Cypress Avenue and would be designed and installed through a separate public review process with the City (included as a Condition of Approval). Figure 4 – Landscaping/Open Space Example for Parcel D ZONING CONSISTENCY Downtown Station Area Specific Plan In February, 2015, the City Council adopted the Downtown Station Area Specific Plan (“DSASP”), as well as amendments to the City’s Zoning Ordinance, adding Chapter 20.280 “Downtown Station Area Specific Plan District” to implement the policies and goals in the DSASP. The DSASP covers properties within 0.5 miles of the City’s Caltrain Station, which includes the subject property. The General Plan amendments created separate land use designations consistent with the DSASP. For this project, all of the properties except for 309 Airport Boulevard are within the Downtown Transit Core (DTC) zoning district, which permits the tallest and densest development to support the Caltrain commuter station. The Downtown Transit Core sub-district is focused within a ¼ radius of a point just east of US 101 at East Grand Avenue. This location corresponds to the planned extension of the Caltrain Station and accompanying pedestrian/bicycle rail undercrossing. It is intended to provide sites for mixed-use development at high intensities in proximity to the Caltrain Station. It encourages active ground floor uses (but does not require them) and high intensity developments that will generate pedestrian traffic in the area. The Downtown Transit Core District will provide additional population and activities to support Grand Avenue uses, increase Caltrain transit ridership, and provide housing with high amenity value for new residents. The DTC zoning district allows up to 120 dwelling units per acre and a maximum building height of 85’-0”. The former single-room occupancy hotel at 309 Airport, now unoccupied, is the single parcel outside of the DTC zoning district – this property is designated as Grand Avenue Core (“GAC”). This designation typically 388 Staff Report Subject: Ford Properties Residential Development Date: January 21, 2015 Page 8 of 22 applies to properties with frontage on Grand Ave between Airport Boulevard and Spruce Avenue, but includes edge properties near Grand Avenue. The GAC allows a maximum building height of 65’-0” and up to 60 dwelling units per acre, but can allow up to 80 dwelling units per acre with community benefits. A package is proposed and discussed below. The DSASP includes the following principles guiding the proposed project and analyzed by staff: • Guiding Principle 1: Revitalize Downtown South San Francisco as a citywide destination that is economically vital, diverse, active, and that encompasses a variety of uses. • Guiding Principle 2: Increase development intensities in the Downtown to grow the resident population and thus support a variety of commercial and service uses. • Guiding Principle 3: Encourage variety in new housing development. • Guiding Principle 7: Focus public investments in the historic core of the City, along Grand Avenue and on adjoining streets in the Pedestrian Priority Zone to create an attractive pedestrian environment to support businesses Downtown. • Guiding Principle 8: Focus increases in residential and mixed-use densities within ¼ mile of the Caltrain Station and in areas proximate to Grand Avenue to increase patronage of Caltrain as well as Grand Avenue businesses. Upon construction, the proposed project will entail a high-density residential development that fulfills all of the principles of the DSASP. The project will revitalize a defunct and vacant set of buildings; add a robust population of new downtown residents or space for existing residents to relocate; provide a mixture of studio, one, two and three bedroom apartments, and for-sale townhomes; focus investment at the core of Downtown and make improvements within the Pedestrian Priority Zone; and centralize new development close to the Caltrain commuter station. General Development Standards The DSASP zoning district also includes a variety of general development standards and supplemental regulations that would be applicable to the proposed project. Subject to approval of the Parking Reduction and Waiver and Modification requests, as discussed below, the project would comply with all of the applicable standards. As reference, an attachment verifying the zoning standards is included (Attachment 2). One standard that should be clarified is the density calculation, since Parcel D is made of two lots with separate zoning districts (both DTC and GAC). A total of 274 units are permitted under the blended density of the parcels that are zoned DTC (260 units) and 309 Airport Boulevard (14 units), which is zoned GAC, and the project is therefore consistent with the density standards allowed with approval of a community benefits package. Parking Reduction Request The parking standards for Downtown districts are included in SSFMC Table 20.330.007 “Required Parking Spaces, Downtown Districts”. For residential units within the Downtown, the table includes a range of minimum and maximum parking ratios based on the number of bedrooms and total square footage of each unit. 389 Staff Report Subject: Ford Properties Residential Development Date: January 21, 2015 Page 9 of 22 For example, a studio unit less than 500 square feet in area has a maximum parking ratio of one space per unit, while a unit with 3+ bedrooms or more than 1,101 square feet of area has a minimum requirement of 1.5 parking spaces and a maximum of 2 parking spaces per unit. Based on the stated ratios above, the total parking required for the proposed project would be a minimum of 337 spaces and a maximum of 428 spaces, as shown in Figure 5 below: Figure 5 – Downtown Parking Requirement for Proposed Project # of Units Downtown Standards Parking Req’t Parking Provided Studio or Less than 500 sf 42 1 per unit max 42 max 1-Bdrm or 500-800 sf 101 1 – 1.5 per unit 101 min, 152 max 2-Bdrm or 801-1,100 sf 121 1.5 – 1.8 per unit 182 min, 218 max 3-Bdrm or more, 1,101 sf or larger 8 1.5 – 2 per unit 12 min, 16 max Total 272 337 – 428 Spaces 342 Total Spaces The applicant is proposing to provide a total of 342 spaces within the structured garages on Parcels A and D, the surface parking lot at Parcel B, and within the private townhome garages at Parcel C. Although the total number of spaces exceeds the minimum number of spaces, a portion of these spaces have been designed to be tandem spaces shared by a single unit, or the spaces are compact; neither of these designs is allowed by the Zoning Ordinance. The applicant has proposed 17 tandem spaces, measuring 8.5’x32’ rather than the standard 10’x40’ and 56 compact spaces, measuring 8.5’x16’ rather than the standard 8.5’x18’. In order to allow the substandard parking spaces, the applicant has requested a Parking Reductionto reduce the overall parking demand by 25%, which accounts for these spaces (approximately 21% as proposed). Unique to this request, the number of available parking spaces on-site will be 342 spaces but the smaller compact and tandem spaces cannot be counted towards their overall total. The applicant has provided a traffic and on-site circulation analysis by Hexagon Transportation Consultants (Attachment 1, Exhibit A iii). The Hexagon analysis notes the following aspects of the project that support the current parking design and allocation: • It is noted that for Parcel A, only 174 parking spaces of the required 199 parking spaces will be provided within the parking garage on site. Additional parking spaces for Parcel A will be accommodated on a surface parking lot that will be provided on Parcel B. Parcel B is located across from Parcel A, on the other side of Cypress Avenue, between Miller Avenue and Tamarack Lane. The surface parking lot on Parcel B will have 25 parking spaces. Parcel C and Parcel D will have the required number of parking spaces on site. • The site plan for Parcel A shows a total of 54 compact parking spaces (Since the report analysis, compact parking total has changed to 56). The site plan shows that the compact spaces would have a dimension of 8.5 feet wide by 16 feet depth. Within the parking industry, compact spaces are typically specified to be 7.5 feet wide and 15 feet long. Therefore, the proposed compact spaces are larger than 390 Staff Report Subject: Ford Properties Residential Development Date: January 21, 2015 Page 10 of 22 typical compact spaces but not as large as standard spaces. In Hexagon’s experience, compact ratios of up to 30% are workable and commonly allowed in many zoning ordinances. Therefore, Hexagon believes that having 56 (compact spaces out of 174 total spaces on Parcel A will not negatively impact circulation. It is recommended that these spaces be marked as compact spaces. • The site plan shows a total of 14 tandem parking bays within Parcel A and 4 tandem parking bays within Parcel D (Since the report analysis, tandem parking total has changed to 3 spaces). The tandem parking spaces show a maximum of two vehicles that can be parked one behind the other. The parking code requires that the tandem parking bay measures a minimum of 10 feet by 40 feet. The site plan shows that all tandem bays measure 8.5 feet by 34 feet and therefore do not meet the code. The dimension provided for the tandem parking bay is equivalent to the sum of dimensions of one standard parking space and one compact parking space (8.5 feet x 18 feet plus 8.5 feet by 16 feet). The dimension of the parking bays should be adequate provided the tandem bays are assigned to residents with one compact and one full size vehicle. The parking code also requires that both the spaces in the tandem parking bay be assigned to a single dwelling unit. The parking code requires that where tandem parking spaces are provided, the total number of tandem parking spaces should be less than 50% of the total required parking spaces. The total number of tandem parking spaces in Parcel A is 28 parking spaces, which calculates to 16% of the total required parking spaces for Parcel A and meets the code. The percentage of tandem parking spaces in Parcel D is only 6%. Despite the unconventional parking design that is not recognized by the City’s zoning ordinance, the applicant has designed for slightly more than the minimum required parking for the project and will be actively managing and assigning the parking on-site to ensure appropriate use. This will be required as a draft Condition of Approval with ongoing monitoring. Analysis by Hexagon Transportation and peer review by the Engineering Division suggests that the proposed circulation on-site will allow safe ingress and egress for resident vehicles. Therefore, staff recommends that the Parking Reduction be considered for approval given the balance required between on-site parking and desire for new units within walking distance of the Caltrain commuter station. Approval will permit the design variance for on-site parking to meet the anticipated parking demand of the project. Rather than seeking a parking reduction to simply not provide all required parking spaces, the applicant has designed this project based on their experience with other developments and will provide an appropriate number of standard and compact spaces on-site. Waivers and Modification Request The Waivers and Modifications process requires that the City make certain findings: 1. The waiver or modification is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance; 2. There are no alternatives to the requested waiver or modification that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public; and 3. The granting of the requested waiver or modification would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this title. 391 Staff Report Subject: Ford Properties Residential Development Date: January 21, 2015 Page 11 of 22 These findings are discussed in the section below for both the Private Storage Space reduction and height increase for 309 Airport Boulevard, which is located in the Grand Avenue Core Zoning District and permits a maximum height of 65’-0”. Additionally, a full analysis is included as part of the draft Resolution for the Planning Commission’s consideration. Private Storage Space 10% Reduction The applicant has requested that the City consider a reduction in the storage requirement for individual residential units. The DSASP District (SSFMC 20.280) requires that each residential unit have at least 200 cubic feet of enclosed, weather-proofed, and lockable private storage space with a minimum depth of four feet. In an attempt to balance the project’s supply of parking and the private storage requirement, the applicant has requested a 10% reduction of the total number of storage units. With 272 units, a 10% reduction would result in 245 storage units over the four parcels. The applicant has provided a waiver memorandum (Attachment 2, Exhibit A) suggesting that the requirement is a difficult provision to meet, and relative to other San Mateo County cities, is unique. Only Redwood City (180 CF) and San Carlos (200 CF) have similar requirements. The applicant further asserts that “to meet this requirement, the building elevations and floor plans would require significant modifications and potentially be compromised.” The Waiver and Modification request to reduce the Downtown Station Area Specific Plan District Private Storage requirement by 10% was not the first option for this project, but due to the tight floor plate design for the structured parking, there were no alternatives to the requested waiver and modification that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public. Since this requirement relates to private storage, the impact to surrounding owners and occupants, as well as the general public, is minimal since few or no residents would contemplate storing valuable goods within the public right-of-way, and a Condition of Approval has been included to prevent storage on balconies or within on-site parking spaces. If the proposed reduction to the Private Storage requirement results in unfavorable conditions related to storage on balconies, or within approved on-site parking spaces, the applicant shall provide off-site storage options to residents as a recommended Condition of Approval. As such, staff recommends approval of the Waiver and Modification request to allow a 10% reduction in private storage space. Height Increase of 10% within the Grand Avenue Core Zoning District The applicant has requested that the City consider a 10% increase in the height limit of 65’-0” for the Grand Avenue Core Zoning District, which if granted, would result in a maximum height of 72’-0”. The applicant has provided a waiver memorandum (Attachment 2, Exhibit B) suggesting that allowing this height increase would provide the project with additional density and units close to the Caltrain commuter station and help reduce greenhouse gas emissions by promoting mass transit use and walkability within the Downtown area. The applicant further asserts that the physical characteristics of the site, including a high water table and soil contamination, make it difficult to set the building further below grade. The Waiver and Modification request to allow a 10% increase in the overall height limit of 65’-0” within the Grand Avenue Core is the only option that ensures the building design can be constructed. While the applicant could reduce the height of the proposed Parcel D building on the portion of property zoned Grand Avenue Core, this would reduce the overall number of units provided and result in a reduced project benefit to the City and developer. The applicant could also propose a Zoning and General Plan Amendment to adjust the boundaries of the Downtown Transit Core Zoning District, but this type of revision would require additional environmental analysis and is not likely to be supported by the City. Therefore, using the Waiver and Modification request 392 Staff Report Subject: Ford Properties Residential Development Date: January 21, 2015 Page 12 of 22 provides the developer with the only reasonable option for design of the project. Because of the isolated location of the Project away from sensitive residential uses and adjacent to Airport Boulevard to the east and a parking lot to the west, the important gateway location to the Downtown, and the relatively small footprint of the 309 Airport Boulevard parcel (7,600 SF), the modification to allow a height increase of 7’-0” represented a small adjustment that preserves a high-quality project and provides an equivalent level of benefit to the applicant with minimal detriment to surrounding owners and occupants or to the general public. All other portions of the project are consistent with the zoning height requirements. As such, staff recommends approval of the Waiver and Modification request to allow a 10% increase in the allowable height within the Grand Avenue Core Zoning District. Community Benefits SSFMC Section 20.280.005.A “Increased Density and FAR Incentive Program” allows an increase to the maximum density and FAR permitted for a building with the approval of a Conditional Use Permit if the public benefits that are included as part of a development project demonstrate a positive contribution that is above and beyond the minimum required impact fees and other requirements of the particular project. The project proposes a maximum density of 116 units per acre and an FAR of 3.19, exclusive of structured parking and storage areas. The density and FAR must comply with the DTC zoning district for all parcels except for 309 Airport Boulevard, which is within the GAC zoning district and has slightly more restrictive standards. Figure 6 – FAR and Density Standards Standard DTC GAC Proposed Project Maximum FAR 6.0 3.0 Maximum FAR with Incentive Program 8.0 4.0 3.19 Maximum Density 100 units/acre 60 units/acre Maximum Density with Incentive Program 120 units/acre 80 units/acre 116 units/acre To allow the increased density increased FAR, the applicant is proposing all of the following public benefits with a total cost impact of $6,066,000: • Payment of $2,720,000 to the Parks and Recreation Department ($10,000/unit) to support recreation facilities and new parks; • Payment of $500,000 contribution to the City for plaza/pedestrian connection improvements; • Streetscape improvements on the east side of Cypress Avenue, along Miller Avenue between Airport Blvd. and Cypress Avenue, and along Lux Avenue adjacent to the project (1,278,000 including utility lines as detailed below); • Undergrounding utility lines on the east side of Cypress Avenue adjacent to the project, on Miller Avenue between Cypress Avenue and Airport Boulevard; • Installation of utilities to be dedicated to the City for a water line and storm drain on Miller Avenue ($300,000); • LEED rated community with energy efficiency of more than 10% above CA 2013 Title 24 requirements ($500,000); • Pedestrian lighting along Airport Avenue in addition to the City required street lighting; • Mitigate environmental contamination of properties for residential development ($340,000); 393 Staff Report Subject: Ford Properties Residential Development Date: January 21, 2015 Page 13 of 22 • Provide upgraded construction fencing during construction ($50,000); and • Public Art commitment of $25,000 at the Miller Avenue and Cypress Avenue corner or other suitable area. The applicant has provided a “Vacant Ford Property Application Proposed Community Benefits” memorandum (Attachment 3) that describes the proposed public benefit to allow the additional density. These benefits have been borne out of the DA and PSA negotiations with the City and will ultimately be accepted by the City Council, who exercises discretionary authority over the project. Staff’s analysis of the proposed public benefits appears to further a number of City objectives outlined in the DSASP, outlined below: • DSASP Land Use Strategy LU-4: Establish the highest intensity land uses within ¼ mile of the Caltrain Station. Here densities up to 120 dwelling units per acre will be encouraged. • DSASP Land Use Strategy LU-5: Designate a high-density district north and south of Grand Avenue and in proximity to the station and allow up to 80 dwelling units per acre. • DSASP Land Use Strategy LU-8: Encourage a mix of housing types including ownership, rental, family, and senior housing, and also encourage provision of units accessible to persons with disabilities. • DSASP Guiding Principle 17: Throughout the Specific Plan area, provide an attractive public realm that is accessible to persons of all abilities, including improved sidewalks, streetscapes, pedestrian crossings, plazas and open spaces. • DSASP Guiding Principle 18: Within the Pedestrian Priority Zone, implement street and intersection improvements to create a safe, attractive, and accessible environment for all pedestrians. • DSASP Urban Design Strategy UD-16: Corner extensions or bulb-outs are encouraged; these act to reduce the distance between the sidewalk on either side of a crossing, making it easier for the disabled or elderly to cross safely. These corner extensions must include ramps and can also include street furnishings. • DSASP Urban Design Strategy UD-48: Consider implementing a public art program to encourage public art in the Downtown area. • DSASP Guiding Principle 41: Ensure that bicycling to the Specific Plan area is convenient and safe through improvements to existing bicycle facilities and additions of new connections. City staff has reviewed the proposed public benefits and believes that they are sufficient. The applicant indicates that the density bonus will provide up to 45 additional units, reflecting a potential profit of $25,000 per unit for a total of $1,125,000. While that profit estimate may be low, assigning a benefit of as high as $100,000 per unit still provides a profit of $4,500,000 which is lower than the committed public benefit costs. Staff supports the proposed Use Permit to allow increased density and FAR for the project because the proposed public benefits and requested development incentives are suitable to the site and to adjacent uses and structures, the proposed public benefits are consistent with the accepted list of public benefits, and reflect a fair investment and benefit to the applicant and to the City. 394 Staff Report Subject: Ford Properties Residential Development Date: January 21, 2015 Page 14 of 22 In addition, while not part of the public benefits associated with the increased density, the proposed project proposes to pay area standard wages which is consistent with the permissive policy: • DSASP Land Use Strategy LU-1: Encourage the use of local workforce and local business sourcing for development in the plan area that generates quality construction and service jobs with career pathways, that provides job training opportunities for the local workforce, and that pays area standard wages for construction so that money in wages and materials used in the construction of these developments is invested in the local economy. GENERAL PLAN CONSISTENCY As discussed above in the Zoning Consistency section, the General Plan Land Use Designation for the site is Grand Avenue Core. The General Plan includes specific policies related to development within the Downtown, in an effort to “encourage development of Downtown as a pedestrian-friendly mixed-use activity center with retail and visitor-oriented uses, business and personal services, government and professional offices, civic uses, and a variety of residential types and densities.” The General Plan Downtown Sub-Area includes the following guiding policies in relation to the Downtown: • Guiding Policy 3.1-G-1: Promote Downtown’s vitality and economic well-being, and its presence as the city’s center; • Guiding Policy 3.1.-G-2: Encourage development of Downtown as a pedestrian-friendly mixed-use activity center with retail and visitor-oriented uses, business and personal services, government and professional offices, civic uses, and a variety of residential types and densities; • Guiding Policy 3.1-G-3: Promote infill development, intensification, and reuse of currently underutilized sites; and • Guiding Policy 3.1.-G-5: Use the South San Francisco Downtown Station Area Specific Plan as a guide for General Plan policies for the Downtown Station Area. The proposed project will conform to the General Plan Land Use Policies by reusing a set of underutilized sites to construct a high-density residential development that will provide a pedestrian-friendly streetscape close to the center of Downtown and in close proximity to the Caltrain commuter station. The project also provides a strong architectural statement that will act as a gateway development adjacent to the US-101 Grand Avenue exit. The project implements the goals of the Downtown Station Area Specific Plan and the project design is consistent with the City’s Design Guidelines as it relates to building design, form and articulation. Housing Element Opportunity Sites The Housing Element is one of the seven State-mandated Elements of the General Plan. Unlike other elements, the Housing Element must be updated by deadlines set by the State; the Housing Element for the housing cycle of 2015-2022 was certified by the State in April 2015. The Housing Element is the blueprint for future housing development in the city and includes goals, policies, and programs that direct residential decision-making. The Housing Element is required by state law to identify how and where the housing needs of each community will 395 Staff Report Subject: Ford Properties Residential Development Date: January 21, 2015 Page 15 of 22 be met. For the upcoming housing cycle, the City of South San Francisco has a Regional Housing Needs Allocation (“RHNA”) of 1,864 units. To show that the City has properly zoned land to meet the RHNA numbers, the City is required to identify adequate opportunity sites throughout the jurisdiction. The available site inventory focuses on sites with near- term development potential, typically where the site is currently vacant or highly underutilized. In the recently certified Housing Element, the Downtown area was identified as providing many potential opportunity sites, including the proposed project, which was evaluated as Sites 14, 15, 16, & 17. Utilizing an estimated actual buildout for these parcels, the sites identified the potential for 174 new units. The proposed project would exceed this projection by building at a higher density, and therefore would comply with the General Plan Housing Element. DESIGN REVIEW BOARD The Design Review Board reviewed the project at their meeting of November 17, 2015. The Board was supportive of the overall project, with the following general comments: 1. On the building frontage, add some type of pattern of trees that will scale the building, as the proposed trees listed on you plant list will not grow very tall. 2. Consider taller species of street trees such as Platanus acerifolia ‘Columbia’, London Plane Tree, as this species can grow up to 40 feet tall. 3. The landscaping plan is showing species that will not survive the SSF elements. Re-examine your plant list. 4. The ground floor wall facing Airport Blvd. is plain. Add some screen panels along the parking garage with some landscaping to help screen the garage. 5. Along Cypress Ave., there are no street trees. To mitigate the scale of the building and to account for the location of the utilities, extend the proposed bulb outs on the sidewalk at 4 or more locations to incorporate additional tall street trees or planter boxes, large enough (8’x8’x3’ deep) to allow street tree planting to create continuous landscape and scale the area the entire length of the project on Cypress Avenue. The Project Plans attached to this staff report (Attachment 1, Exhibit D of the Entitlements Resolution) have been modified in response to comments made by the Design Review Board. The tree species have been updated to species that will achieve a 40’ to 50’ height that appropriately scales the building. These species include the New Zealand Christmas Tree, Chinese Elm and Chinese Hackberry. A screen planting space has been provided on the Airport Boulevard side to provide screening for the two story parking garage. In examining Comment 5 from the DRB, the landscape architect has indicated that in ground planting is not possible due to utility lines and that large planter boxes would still not support the tree size needed to scale the proposed buildings at Parcel A and D. As such, this comment by the DRB remains outstanding. In total, staff finds the current landscaping proposal as a substantial improvement to the pedestrian experience and appropriate for the proposed development scenario. 396 Staff Report Subject: Ford Properties Residential Development Date: January 21, 2015 Page 16 of 22 COMMUNITY OUTREACH AND PUBLIC COMMENTS Housing Sub-Committee Meeting A Housing Sub-Committee meeting was held on June 1, 2015 to share the preliminary designs with representatives from the City Council and Planning Commission. Feedback was generally positive and suggested that this was an appropriate design for the development location. The Sub-Committee suggested adding a public art component and enhanced landscaping for the project. Neighborhood Meeting A neighborhood meeting was held on November 5, 2015 in which approximately a dozen residents attended. As it was an open house, there was not a formal Q&A discussion with the applicant that staff could observe. In general, however, the comments were generally supportive of the project as long appropriate parking was provided for the site. The applicant indicated that some homeowners on Tamarack Lane, which is adjacent to the proposed townhome development on Parcel C, were concerned with traffic on Tamarack Lane. The applicant chose to address this concern with an additional analysis of modeled traffic conditions on Tamarack Lane and this updated information has been included in the Environmental Consistency Analysis. The traffic analysis identified that new traffic would result in a minor increase in new vehicles during the peak AM and PM hours and given the one-way design of Tamarack Lane, would not result in any traffic queuing or any significant impacts on Tamarack Lane or current residents. This has been peer reviewed by the Engineering Division, which concurs with the modeling approach and assessment. Bicycle and Pedestrian Advisory Committee The applicant attended the Bicycle and Pedestrian Advisory Committee (BPAC) meeting held on December 2, 2015 to present the project and highlight bicycle infrastructure. The BPAC was supportive of the project and suggested that the project include internal circulation guidance for bicyclists within the structured parking to promote safety between cyclists and drivers. Correspondence Received and City Response The Developer has provided a list of signatures indicating support from their Neighborhood Meeting, Kiwanis Club Meeting, and outreach to the business and residential community. It has been included as Attachment 4, Exhibit A. Additionally, three comments have been received by staff to date, speaking in opposition to the project. This correspondence has been included as Attachment 4, Exhibit B. Additionally the concerns identified in the letters are listed below with a short response from staff: John Martoni Resident Letter Staff received one comment via email from a resident expressing concern that this project would not provide workforce affordable housing, would be too expensive for existing residents, and would result in high turnover and raise rental rates in the City. It is true that this project does not propose any affordable rental units and is not required to under current regulations. 319 Lux Avenue Property Manager Letter The property manager for 319 Lux Avenue remarked that approving a parking reduction for the proposed project would impact on-street parking, which is an important resource for her building and surrounding residents. Staff has indicated in the staff report that although the applicant is requesting a parking reduction, it is only to allow compact spaces that are not legally recognized by the City’s regulations. The project proposes adequate parking consistent with the standards of the Downtown Station Area Specific Plan District. 397 Staff Report Subject: Ford Properties Residential Development Date: January 21, 2015 Page 17 of 22 Kass & Kass Attorney Representing Bertolucci’s Restaurant Letter Attorney for the Bertolucci’s Restaurant at 421 Cypress Avenue has expressed a number of concerns related to the proposed development, including parking problems, wind tunnel effect, natural light impacts, security concerns, and obscuring the view of the Bertolucci’s sign from US-101. • Parking: Staff has addressed this issue within the staff report and does not believe that on-street parking will be impacted with the proposed development. The applicant is required to provide a minimum of 337 spaces. The applicant has proposed 342 total parking spaces, however, a portion of these spaces (21%) would be compact spaces. The applicant has proposed 17 tandem spaces, measuring 8.5’x32’ rather than the standard 10’x40’ and 56 compact spaces, measuring 8.5’x16’ rather than the standard 8.5’x18’. In order to allow the substandard parking spaces, the applicant has requested a Parking Reduction to reduce the overall parking demand by 25%, which accounts for these spaces (approximately 21% as proposed). Unique to this request, the number of available parking spaces on- site will be 342 spaces but the smaller compact and tandem spaces cannot be counted towards their overall total. The site is within ¼ mile of the Caltrain commuter station and this station is expected to provide transit opportunities and reduce daily vehicle use. On-street parking is governed by time limits and very little spillover parking is anticipated as part of this development. • Wind Tunnel Effect: To address this concern, the applicant provided a wind analysis that was formally submitted to the City on January 14, 2016. The wind analysis, provided by Illingworth & Rodkin, Inc and attached with the project plans, concludes that the predominant westerly winds should not create a wind tunnel effect and would not create hazardous wind conditions for pedestrians on Cypress Avenue due to the 80’-0” height of the building (buildings at least 100’-0” are considered tall), articulation, open podium above the second floor, and street tree plantings. It further states: The greatest wind effects would be experienced adjacent and downwind of building corners, where wind flow interrupted by the building would flow fast around the corners (referred to as a corner stream). Wind could also be accelerated over the top of the building, but this is not a concern to pedestrians. The area in front of the building along Cypress Avenue would experience what is referred to as the frontal vortex, where wind would actually be opposite the prevailing wind direction. This effect already occurs to some extent, since the existing upstream buildings block wind flow on Cypress Avenue and create a wake zone. Although wind flow would be affected along Cypress Avenue, the wind speeds would not be considered hazardous to pedestrians. • Natural Light Impacts: The applicant submitted a shadow and light analysis to the City on January 14, 2016 demonstrating that there will be little to no adverse shading effects to adjacent properties as a result of the proposed project. The shadow and light analysis, provided by TCA Architects and attached with the project plans, states the following: “In the case of the Vacant Ford Properties, a detailed shade analysis was conducted and is attached herein. In that the two sites (A and D) are oriented effectively South to North along both Airport Blvd. and Cypress Avenue, the effects of the shade study show little or no impact on the adjoining properties to the west, and to the east there is the 101 freeway. The only shade impact on adjacent properties to the west occurs between 8 AM and Noon at the Winter Solstice. At all other times of the year, there is virtually no impact on the adjacent property especially during normal business hours.” 398 Staff Report Subject: Ford Properties Residential Development Date: January 21, 2015 Page 18 of 22 • Security Concerns: It is anticipated that the influx of new residents will be a benefit to the Downtown area, providing additional persons for surrounding restaurant and retail opportunities. Additionally, the South San Francisco Police Department has reviewed this project and provided Conditions of Approval to ensure safe operation of the residential complex. • Sign Visibility: The applicant submitted an expanded historic evaluation of Bertolucci’s Restaurant at 421 Cypress Avenue to the City on January 14, 2016. . The report by Archaeological Resource Management updates the State of California Department of Parks and Recreation Form 523, and analyzed the historic background of the property, architectural characteristics, construction chronology of the structure and the sign, freeway construction, and historic associations of the structure. Using this research, the report indicates that the Bertolucci’s Restaurant building is listed on the City of South San Francisco’s Historic Resources Inventory as a potential historic resource and is eligible for inclusion in the local register. This is consistent with the analysis of the initial survey by a City consultant in 1986. The structure is also eligible for inclusion in the California Register of Historic Resources (CRHR), but does not appear to be eligible for the National Register of Historic Places (NRHP). Further, the report concludes that obstructing visibility of the sign from the 101 would not constitute a significant impact on a historical resource for purposes of CEQA. A summary of the report findings by Archaeological Resource Management states the following: The Bertolucci’s Restaurant building at 421 Cypress Avenue is located across Cypress Avenue (approximately 45 feet) from the proposed Parcel A residential building and adjacent to(separated by an approximately 20 foot alley) the proposed Parcel B parking lot. As described in our report prepared for the proposed project dated November 20, 2015, the proposed project does not remove or otherwise impact the Bertolucci’s building or any buildings that relate to or contribute to the Bertolucci’s building. The proposed project will, however, block the existing view of the sign on top of the building from the adjacent elevated portion of Highway 101. The purpose of this evaluation is to determine if blocking the view from Highway 101 is a significant impact under the California Environmental Quality Act. Based on our research and analysis described below, we conclude that it is not.” Additionally, the report concludes: “As per CEQA Guidelines, in order for an impact to be considered significant, the impact must pose a “substantially adverse” change to that resource. A “substantially adverse” impact in the context of historic resources is one which affects the resource “such that the significance of an historical resource would be impaired” (PRC Section 5020.1(q)). The Bertolucci’s sign is one several elements of the Bertolucci’s building which contribute to the historic character of the property, however, the current view of the sign from Highway 101 is not an essential factor in maintaining the significance of the structure or what makes the sign a contributing element to the building given the relatively recent (1994) creation of extent of the current view and the modifications to the sign itself. The contributing aspects of the sign to the building are based on the age and the design of the sign itself and its relationship to the historical use of the building. Based on our review of the characteristics of building and sign, it appears the Bertolucci’s building would retain eligibility for both the CRHR and the local historic register regardless of whether the sign remains visible from Highway 101 or not, due to its architecture and historic associations. Thus, while the proposed project would block the existing view of the sign from Highway 101, this impact does not appear to be significant under CEQA because the lack of visibility from the Highway would not jeopardize the structure’s eligibility for the CRHR, or its eligibility for listing on the local register of the City of South San 399 Staff Report Subject: Ford Properties Residential Development Date: January 21, 2015 Page 19 of 22 Francisco. Therefore, it is our professional opinion that the proposed project would not pose any direct or indirect significant adverse impact the historic merit of the Bertolucci’s building according to CEQA guidelines.” A draft of the report was transmitted to Atkins North America, Inc for peer review. Atkins North America, Inc was responsible for the DSASP Program EIR and their team of cultural resource specialists provided the following substantive comments and recommendations:  “Include additional facts showing the locations where visibility has been blocked from 101 in the past, due to previous locations of the highway and prior structures.”  “ARM concludes that obstructing visibility of the sign from 101 would not be a significant impact under CEQA. The ARM letter report describes the CEQA Guidelines and what would constitute a significant impact to a historical resource, last paragraph of the letter, “in order for an impact to be considered significant, the impact must pose a “substantially adverse” change to that resource. A “substantially adverse” impact in the context of historic resources is one which affects the resource “such that the significance of an historical resource would be impaired” (PRC Section 5020.1(q)). While ARM concludes that there will not be a “significant impact,” both ARM and Atkins acknowledge that construction of the project will diminish and/or obstruct the visibility of the sign. Atkins believes that the sign and visibility of the sign is a contributing element to the historic character of the building. Thus, in order to preserve some element of the visibility, Atkins recommends that the City and/or the applicant take actions to highlight the sign, either by placing appropriate signage for Bertolucci’s on the new building or incorporating some other element into the new project that would acknowledge the visibility of the sign.” Additional information was incorporated into the final version of the report in response to Atkins’ comments (Attachment 1A (ii)). SUSTAINABILITY / CLIMATE ACTION PLAN The proposed project is consistent with recent sustainability regulations that have been adopted at both the State, regional and local levels. Examples include Senate Bill 375, passed in 2008, which aims to create more efficient communities that provide residents with alternatives to using single occupancy vehicles. Projects that link higher density development to transit are in keeping with this goal. At the local level, the DSASP area aims to link the downtown with the Caltrain Station and other regional transit, including SamTrans. The applicant is proposing a high-density residential project that will be located within ¼ mile of the Caltrain station and within walking distance of regional and local bus routes, consistent with all of the above mentioned sustainability goals. The applicant has indicated that the preliminary sustainability goal is LEED Certification. The building incorporates a variety of green building features such as passive ventilation, large windows to provide natural daylight, robust insulation, high performance glazing, and a selection of sustainably-produced materials. The City adopted a Climate Action Plan (“CAP”) in February 2014; the CAP serves as South San Francisco’s greenhouse gas reduction strategy. The CAP includes requirements applicable to new development projects; following are the specific requirements applicable to the proposed project. 400 Staff Report Subject: Ford Properties Residential Development Date: January 21, 2015 Page 20 of 22 • Require all new development to install conduit to accommodate wiring for solar; • Encourage the use of high-albedo surfaces and technologies as appropriate, as identified in the voluntary CALGreen standards; and • Revitalize implementation and enforcement of the Water Efficient Landscape Ordinance. In addition to the requirements listed above, the CAP includes additional measures that are encouraged in order to help with the City’s greenhouse gas reduction efforts: • Integrate higher-density development and mixed-use development near transit facilities and community facilities, and reduce dependence on autos through smart parking practices; • Work with developers of multi-family properties and nonprofit groups to maximize energy efficiency in new construction; • Encourage the use of CALGreen energy efficiency measures as a preferred mitigation for CAP streamlining; and • Promote on-site renewable energy or distributed generation energy systems in new and existing residential and nonresidential projects. Encourage developers of multi-family and mixed-use projects to provide options for on-site renewable electricity or install distributed generation energy systems, similar to the statewide Homebuyer Solar program. As currently designed, the proposed project will comply with many of the standards above, and staff will continue to work with the applicant to incorporate as many sustainable features as possible into the project. Staff has included a Condition of Approval that requires the applicant to include the CAP requirements stated above subject to Chief Planner review and approval prior to the issuance of a building permit. Subject to the conditions of approval, the project is consistent with the City’s CAP. ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) allows for limited environmental review of subsequent projects under a program Environmental Impact Report. (EIR) (CEQA Guidelines section 15168.) Subsequent activities in a proposed project must be examined in the light of the program EIR to determine whether an additional environmental document must be prepared. The CEQA Guidelines require agencies to use checklists or similar mechanisms to conduct this analysis. The Environmental Consistency Analysis (ECA) attached as Attachment 1A satisfies the CEQA Guidelines. Under the ECA, the City of South San Francisco (City) uses a written checklist to evaluate the site and the activity to determine whether the environmental effects of the proposed project were sufficiently analyzed under the Downtown Station Area Specific Plan (DSASP) program EIR. (CEQA Guidelines section 15168(c)(4).) On January 28, 2015, a program EIR was certified by the City Council. (Final Environmental Impact Report for the South San Francisco Downtown Station Area Specific Plan (DSASP), State Clearinghouse #2013102001.) The program EIR assessed the potential environmental impacts resulting from implementation of the DSASP. The DSASP established new land use, development, and urban design regulations for the area for a 20-year planning period. The ECA was prepared to consider whether any new environmental effects not identified in the DSASP program EIR might be created by construction and operation of the Sares-Regis Ford Properties Redevelopment project and concludes that all environmental effects were previously analyzed and no additional environmental review is required. The analysis established: 401 Staff Report Subject: Ford Properties Residential Development Date: January 21, 2015 Page 21 of 22 1. The proposed project is in compliance with all applicable DSASP regulations, and as a result, would not create any additional environmental impacts in excess of those addressed by the DSASP program EIR and Statement of Overriding Considerations; 2. The DSASP program EIR MMRP applies to the project and requires identified mitigations related to: a. Air Quality: A Health Risk Assessment was required and confirmed that construction related and temporary air quality impacts, and future resident exposure would be below applicable thresholds with mitigation measures as identified in the DSASP program EIR; b. Biological Resources: Compliance with tree removal regulations related to nesting season, as required by the California Fish and Game Code and Tree Preservation Ordinance; c. Cultural Resources: The City required the applicant to prepare a Historic Resources Assessment (Attachment 1, Exhibit A), The Historic Resources Assessment confirmed that the subject buildings within the project area were not historic or eligible for historic status and did not meet applicable thresholds. In addition, an Updated Historic Evaluation of the Bertolucci’s Building was conducted by Archaeological Resource Management, which analyzed the nearby Bertolucci’s restaurant building and concludes that the proposed project would not result in any significant impacts to the Bertolucci’s building under the CEQA guidelines. d. Greenhouse Gas Emissions: A condition of approval to require conformance with the Climate Action Plan; e. Noise: A Noise Study was required and confirmed that residential exposure was below applicable thresholds by utilizing window controls, mechanical ventilation, and appropriate sealing; f. Transportation/Traffic: A traffic analysis was required and confirmed that certain intersections would potentially be impacted by the project and would require improvements per the mitigations identified in the DSASP program EIR; 3. Focused analysis of the project resulted in in additional \recommendations for the project, including: a. Installing a plaque commemorating the history of Fred J. Lautze and the Ford Dealership’s original 1925 structure at 315 Airport Boulevard, which although not historic, represents a unique history for South San Francisco; The ECA and supplemental reports are included for reference as Attachment 1, Exhibit A. A copy of the MMRP is also attached and a Condition of Approval requiring that the project comply with all applicable Mitigation Measures identified in the MMRP and through the ECA has been included. The Conditions of Approval and requirements that the project comply with existing MMRP mitigation measures does not constitute implementing new mitigation. Therefore, pursuant to CEQA Guidelines section 15168 (c)(2) the project remains consistent with the analysis of the DSASP program EIR and no additional environmental review is required. 402 Staff Report Subject: Ford Properties Residential Development Date: January 21, 2015 Page 22 of 22 CONCLUSION The proposed project seeks to transform an underutilized collection of sites into a high-density residential development that will serve as a gateway project to Miller Avenue, bring new residents into close proximity to existing transit providers, and assist in creating a pedestrian-friendly downtown. The 272-unit, high-quality residential development furthers the City’s goals for transit-oriented development in close proximity to the South San Francisco Caltrain commuter station. In addition, the proposed development conforms to the vision articulated in the General Plan, (including the Housing Element), and is consistent with the standards and guidelines of the Downtown Station Area Specific Plan District, as applicable with the modification requests. Therefore, it is recommended that the Planning Commission take the following action: 1. Adopt a Resolution making findings and recommending that the City Council approve of the Development Agreement with Miller Cypress SSF, LLC for the development of four downtown area sites, approve the Environmental Consistency Analysis and entitlements UP15-0027, DR15- 0032, WM15-0001, PE15-0004, & DA15-0003 based on the attached draft findings and subject to the attached draft conditions of approval. By: Tony Rozzi, AICP, Senior Planner Attachments: Click on the links below to move forward in the e-version of the Staff Report and Attachments: 1. Planning Commission Development Agreement & Entitlement Resolution with Exhibits a. Environmental Consistency Analysis i. TAC and GHG Emissions Assessment – Illingworth and Rodkin, Inc. ii. Historic Resources Analysis – Archaeological Resource Management iii. Traffic and Circulation Analysis – Hexagon Transportation Consultants, Inc. iv. Final Mitigation Monitoring and Reporting Program from DSASP EIR b. Draft Development Agreement c. Conditions of Approval d. Vacant Ford Properties Entitlement Submittal Project Plans, dated December 7, 2015 i. Shadow Analysis ii. Wind Analysis 2. Ford Properties Redevelopment – Zoning Ordinance Compliance a. Accessory Storage Modification Request Memorandum b. Height within the Grand Avenue Core Zoning District Modification Request Memorandum 3. Proposed Community Benefits Memorandum 4. Public Comments a. Community Support Letters and Signatures submitted by Developer b. Community Letters in Opposition 2593545.1 403 EXHIBIT B PLANNING COMMISSION RESOLUTION 2782-2016 404 RESOLUTION NO. _2782-2016__ PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL APPROVE A DEVELOPMENT AGREEMENT AND ENVIRONMENTAL CONSISTENCY ANALYSIS; FOR THE DEVELOPMENT OF TWO NEW SEVEN-STORY RESIDENTIAL BUILDINGS WITH A TOTAL OF 260 RENTAL UNITS AT BOTH CORNERS OF AIRPORT BOULEVARD AND MILLER AVENUE (309, 315, 401-421 AIRPORT BLVD.), A PRIVATE RESIDENTIAL PARKING LOT AT 405 CYPRESS AVENUE, AND TWELVE (12) TOWNHOME UNITS AT 216 MILLER AVENUE AND APPROVE A USE PERMIT; DESIGN REVIEW; ZONING MODIFICATION; AND A PARKING REDUCTION FOR PHASE 1 OF SAID DEVELOPMENT; AND A FINDING OF GENERAL PLAN CONSISTENCY WHEREAS, the Successor Agency to the Redevelopment Agency of the City of South San Francisco (“Agency”) is the owner of certain real property located in the City of South San Francisco (“City”), California, known as County Assessor’s Parcel Number 012-317-110 (“401 Airport Boulevard”), 012-317-100 (“411 Airport Boulevard”), 012-317-090 (“421 Airport Boulevard”), 012-314-100 (“405 Cypress Avenue”), 012-314-220 (“216 Miller Avenue”), 012- 318-080 (“315 Airport Boulevard”) and collectively referred to as the “Agency Properties”; and, WHEREAS, in August, 2014, the Agency and Miller Cypress SSF, LLC (“Developer”) entered into an Exclusive Negotiation Rights Agreement (“ENRA”) that established a mutual understanding among the City, the Agency, and the Developer regarding the potential development of the Agency Properties; and, WHEREAS, in conjunction with the potential acquisition of the Agency Properties, the Developer has acquired rights to entitle and develop County Assessor’s Parcel Number 012-318-040 (“309 Airport Boulevard”); and, WHEREAS, the Developer has proposed construction of a high-density residential development, consisting of 260 residential apartments in Phase 1, 12 for-sale residential townhomes in Phase 2, and 342 total vehicle parking spaces (“Project”) over 2.34 acres at the following addresses: 309 Airport Blvd., 315 Airport Blvd., 401-421 Airport Blvd., 405 Cypress Ave., and 216 Miller Ave. (collectively “Project Site”) in the City; and, WHEREAS, the Agency, is interested in selling the Agency Properties to the Developer as contemplated in the ENRA, contingent upon approval of a Development Agreement by the City Council, Developer securing all funding for the Project, and Developer obtaining all applicable land use entitlements from the City necessary to construct the Project on the Project Site; and, 405 WHEREAS, the Agency and the Developer now wish to enter into a Development Agreement between the City and the Developer (“Agreement”); and, WHEREAS, Phase 1 of the Project (“Phase 1 of the Project”) includes the construction of two new seven story residential apartment buildings with a total of 260 rental units at both corners of Airport Boulevard and Miller Avenue (309, 315, 401, 421 Airport Boulevard) and a private parking lot at 405 Cypress Avenue; and WHEREAS, Developer also seeks approval of a Conditional Use Permit, Design Review, Waiver and Modification, and Parking Exemption for Phase 1 of the Project; and, WHEREAS, approval of the Developer’s proposal is considered a “project” for purposes of the California Environmental Quality Act, Pub. Resources Code § 21000, et seq. (“CEQA”); and, WHEREAS, the City Council certified an Environmental Impact Report (“EIR”) on January 28, 2015 (State Clearinghouse number 2013102001) in accordance with the provisions of the California Environmental Quality Act (Public Resources Code, §§ 21000, et seq., “CEQA”) and CEQA Guidelines, which analyzed the potential environmental impacts of the development of the Downtown Station Area Specific Plan; and, WHEREAS, the City Council also adopted a Statement of Overriding Considerations (“SOC”) on January 28, 2015 in accordance with the provisions of the California Environmental Quality Act (Public Resources Code, §§ 21000, et seq., “CEQA”) and CEQA Guidelines, which carefully considered each significant and unavoidable impact identified in the EIR and found that the significant environmental impacts are acceptable in light of the project’s economic, legal, social, technological and other benefits; and, WHEREAS, the City prepared an Environmental Consistency Analysis for the Project and concluded that the Project would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the Downtown Station Area Specific Plan EIR certified by City Council nor would any new mitigation measures be required; and, WHEREAS, on January 21, 2016 the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the Development Agreement and proposed entitlements and take public testimony. NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the South San Francisco General Plan and General Plan EIR; the Downtown Station Area Specific Plan and the Downtown Station Area Specific Plan EIR; the South San Francisco Municipal Code; the Project applications; the Project Plans, as prepared by TCA Architects, dated December 7, 2015; the Environmental Consistency Analysis, as prepared by City staff, dated January 21, 2016 including all appendices thereto; all site plans, and all reports, minutes, and public testimony submitted 406 as part of the Planning Commission’s duly noticed January 21, 2016 meeting; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the Planning Commission of the City of South San Francisco hereby finds as follows: A. General Findings 1. The foregoing recitals are true and correct. 2. The Exhibits attached to this Resolution, including the Environmental Consistency Analysis, as prepared by City staff, dated January 21, 2016 (Exhibit A), the draft Development Agreement (Exhibit B), Conditions of Project Approval (Exhibit C), and the Vacant Ford Properties Entitlement Submittal Project Plans (Exhibit D) are each incorporated by reference and made a part of this Resolution, as if set forth fully herein. 3. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of the Planning Manager, Sailesh Mehra. 4. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, including but not limited to the Environmental Consistency Analysis, as prepared by City staff, dated January 21, 2016 attached hereto as Exhibit A, the Planning Commission, exercising its independent judgment and analysis, recommends that the City Council find that the Project falls within the environmental parameters analyzed in the Downtown Station Area Specific Plan EIR, and that the Project would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the Downtown Station Area Specific Plan EIR certified by City Council nor would new mitigation be required for the Project. This is supported by the fact that, consistent with the Downtown Station Area Specific Plan EIR Mitigation Monitoring and Reporting Program, the project prepared Toxic Air Contaminants (TAC) and Green House Gas (GHG) Emissions Assessment, a Historic Resources Analysis, and a Traffic and Circulation Analysis, all of which determined that the Project would not result in any new impacts not adequately evaluated and addressed by the Downtown Station Area Specific Plan EIR. B. Development Agreement 1. The Development Agreement, as proposed, is consistent with the objectives, policies, general land uses and programs specified in the General Plan and the Downtown Station Area Specific Plan, both of which envision a high-density residential project adjacent to the Caltrain commuter station that can revitalize underused parcels and support economic activity in the Downtown area. 407 2. The Development Agreement, as proposed, is compatible with the proposed high- density residential use authorized in, and the regulations prescribed for the two land use districts (Downtown Transit Core and Grand Avenue Core) in which the real property is located. 3. The Development Agreement, as proposed, remains in conformity with public convenience, general welfare and good land use practice, since the project would provide adequate parking, conform to the height, density, and floor area ratio (FAR) standards set forth in the Zoning Ordinance, and confirm the land use goals of both the General Plan and Downtown Station Area Specific Plan that support new residential development adjacent to the Caltrain commuter station. 4. The Development Agreement, as proposed, will not be detrimental to the health, safety and general welfare since the project will redevelop vacant and underutilized parcels and remove blight, will conform to the development regulations with minor modifications to the standards that do not endanger the surrounding area, and will support the community goals for new development and revitalization as outlined in the General Plan and the Downtown Station Area Specific Plan. 5. The Development Agreement, as proposed, will not adversely affect the orderly development of property or the preservation of property values since the project must conform to the City’s development standards, new pedestrian improvements are proposed that will enhance the existing City infrastructure in the Downtown area, the Project will not preclude similar development from occurring on adjacent parcels, and the Project will enhance property values since long-term vacant parcels and blighted conditions will be redeveloped. C. Conditional Use Permit 1. The proposed Project, as modified by the entitlement request, is consistent with the standards and requirements of the City’s Zoning Ordinance and with the provisions of the Downtown Transit Core and Grand Avenue Core Zoning Districts and all other titles of the SSFMC. The Project meets or exceeds all of the general development standards of the Grand Avenue Core District, with the exception of the increased density, FAR bonus, and modification to the height and private storage standards. However, the increased density and FAR is permissible and warranted by the City’s Zoning Ordinance subject to the provision of sufficient public benefits included as part of the development project. Approval of a modification to the private storage standards and height allowance is discussed in sections E and F, respectively, and allowable through a waiver and modification request. 2. The proposed Project is consistent with the General Plan and the Downtown Station Area Specific Plan by creating a high-density residential environment that emphasizes pedestrian- activity with buildings built up to the property line and providing a well-articulated and visually engaging development that implements the goals of the Downtown Station Area Specific Plan, and is consistent with the City’s Design Guidelines as they relate to building design, form and articulation. Further, the Project will pay area standard wages, which is consistent with the permissive DSASP Land Use Strategy LU-1 policy, which encourages the use of local workforce and local business 408 sourcing for development in the plan area and the paying of area standard wages for construction. 3. The proposed residential use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements, because the proposed use is consistent with the approved uses in both the General Plan and Downtown Station Area Specific Plan. The Project proposes high-density residential uses located in the City’s Downtown Station Area Specific Plan District, which is intended for this type of use, and the largest buildings in the proposed development would be located entirely on their own blocks with little or no impacts on shared property lines. The General Plan has analyzed this type of use and concluded that such residential uses are not adverse to the public health, safety, or welfare. As the proposed Project is consistent with other residential land uses in the Downtown Transit Core and Grand Avenue Core Zoning Districts, approval of the Project will not be detrimental to nearby properties. 4. The proposed Project complies with applicable design and development standards and requirements of the City’s Zoning Ordinance, with the exception of the increased density and FAR request that is evaluated under the Conditional Use Permit, and the modifications to the private storage and height standards that are evaluated under the Waiver and Modification process. The stated density and FAR exceptions are permissible and warranted by the City’s Zoning Ordinance subject to the provision of sufficient public benefits included as part of the development project. The proposed Project is located in the Downtown Transit Core and the Grand Avenue Core Zoning Districts and subject to the discussion on the exception and waiver requests below, meets the minimum standards and requirements for the zoning districts. 5. The design, location, size, and operating characteristics of the proposed Project are compatible with the existing and reasonably foreseeable future land uses in the vicinity because the Project proposes residential uses in the Downtown Transit Core and Grand Avenue Core Zoning Districts, which are specifically intended for such uses. 6. The site is physically suitable for the type of development and density proposed, as the residential use will benefit from being located in close proximity to the South San Francisco Caltrain Station, Grand Avenue and the overall Downtown Station Area Specific Plan Area, and the size and development is appropriate for the location and meets the City’s land use and zoning standards, as amended by the Conditional Use Permit or Waiver and Modification process. Access to the site via existing roadways is sufficient as the project is within a built-out urban environment, utilities are provided on-site or proposed for minor upgrades, and no physical constraints such as topography or lack of facilities exists that would prevent suitable development. 7. On January 28, 2015, a program environmental impact report (EIR) was certified by the City Council of South San Francisco (Final Environmental Impact Report for the South San Francisco Downtown Station Area Specific Plan, State Clearinghouse #2013102001). The program EIR assessed the potential environmental impacts resulting from implementation of the DSASP. The DSASP established new land use, development, and urban design regulations for the area for a 20-year 409 planning period. The DSASP also established a Mitigation, Monitoring, and Reporting Program (MMRP) with mitigation measures for any project meeting certain thresholds. An Environmental Consistency Analysis has been prepared to consider whether any new environmental effects not identified in the DSASP program EIR might be created by construction and operation of the Project. The analysis established that the proposed Project is in compliance with all applicable DSASP regulations, and as a result, would not create any additional environmental impacts in excess of those addressed by the DSASP program EIR and Statement of Overriding Considerations. 8. The proposal would result in a Project whose proposed public benefits and requested development incentives are suitable to the site as envisioned by the Downtown Station Area Specific Plan and relate appropriately to adjacent uses and structures. The provision of new pedestrian crossings, bicycle lane restriping, and landscaping will enhance the public realm and is consistent with Urban Design Strategy UD-16 and Guiding Principles 17 and 41. The provision of monies for public art will further enhance the Downtown area and is consistent with Urban Design Strategy UD-48. Finally, the provision of additional residential units through the increased density will provide more residents within the downtown to create a vibrant community for Downtown and is consistent with Land Use Strategies LU-4, LU-5, and LU-8. 9. The proposed Project would be consistent with the accepted list of public benefits outlined in Section 20.280.004(A) and such benefits would not otherwise result through provisions of the City’s policies, ordinances, or other requirements. The proposed Parks and Recreation in-lieu fee is not currently applicable to rental developments and represents a substantial payment towards park and recreation investment; and the proposed public infrastructure enhancements are encouraged within the Pedestrian Priority Zone but not required, and the addition of public art will be a cultural contribution to the Downtown area. 10. The proposed Project reflects a fair financial balance of costs and benefits to the applicant and the City, given the community benefits could cost as much as $6M and the addition of 45 units above the base density represents a smaller financial gain for the Project. D. Design Review 1. The Project, including Design Review, is consistent with Title 20 of the South San Francisco Municipal Code because the Project has been designed as a high-density residential project which will provide a pedestrian-friendly, transit-oriented environment with sustainability elements incorporated. 2. The Project, including Design Review, is consistent with the General Plan because the proposed high-density residential development is consistent with the policies and design direction provided in the South San Francisco General Plan for the Downtown Transit Core and Grand Avenue Core land use designations by encouraging the development of new residential units within close proximity to the South San Francisco Caltrain Station and within the Downtown Station Area Specific 410 Plan area. 3. The Project, including Design Review, is consistent with the applicable design guidelines adopted by the City Council in that the proposed Project is consistent with the Downtown Station Area Specific Plan Design Guidelines, as evaluated in the Zoning Ordinance Compliance analysis for the Project. 4. The Project is consistent with the Use Permit for the reasons stated in Section C, above. 5. The Project is consistent with the applicable design review criteria in South San Francisco Municipal Code Section 20.480.006 (“Design Review Criteria”) because the project has been evaluated by the Design Review Board on November 17, 2015, and found to be consistent with each of the eight design review criteria included in the “Design Review Criteria” section of the Ordinance, and the Design Review Board. E. Waiver and Modification for Private Storage Requirement 1. The Waiver and Modification request to reduce the Downtown Station Area Specific Plan District Private Storage requirement by 10% is necessary due to the physical characteristics of the proposed developments on Parcels A (401-421 Airport Boulevard) and D (309-315 Airport Boulevard) that are constrained by high traffic roads and therefore have limited parking circulation options within the proposed buildings’ footprints. As a result, the provision of private storage areas would come at the expense of providing required parking for both parcels since the recently adopted Downtown Station Area Specific Plan District zoning requires a minimum depth of 4’-0” for each storage unit and cannot be located above a parking space due to the Americans with Disabilities Act. The proposed reduction would reduce the total number of private storage spaces from 272 to 245 units and to mitigate this reduction, staff has recommended a Condition of Approval requiring that if the proposed reduction to the Private Storage requirement results in unfavorable conditions related to storage on balconies, or within approved on-site parking spaces, the applicant shall provide off-site storage options to residents, with prior approval by the Chief Planner. 2. There are no alternatives to the Waiver and Modification to reduce the Downtown Station Area Specific Plan District Private Storage requirement by 10% because due to the tight floor plate design for the structured parking, there are no alternatives that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public. Since this requirement relates to private storage, the impact to surrounding owners and occupants, as well as the general public, is minimal since few or no residents would contemplate storing valuable goods within the public right-of-way, and a Condition of Approval has been included to prevent storage on balconies or within on-site parking spaces. 3. The granting of the requested waiver and modification would not be detrimental to the health or safety of the public or the occupants of the property given the minor Private Storage 411 requirement reduction of 10% and the proposed Condition of Approval to require off-site storage if unfavorable conditions arise within the development. The reduction in on-site private storage will allow for additional on-site parking spaces and preserve the public right-of-way for the surrounding residents. F. Waiver and Modification for Height in the Grand Avenue Core Zoning District 1. The Waiver and Modification request to allow a 10% increase in the overall height limit of 65’-0” within the Grand Avenue Core would result in a maximum height of 72’-0” for the portion of the Parcel D building located on 309 Airport Boulevard. This waiver and modification request is necessary due to the physical characteristics of the property and the proposed design of the residential building; the heights of the two levels of structured parking at the ground and 2nd level have been reduced as much as possible, and set below grade as much as possible without disrupting both the existing water table, and a large quantity of soil, which contains high levels of lead and makes further excavation difficult and cost-prohibitive. 2. The Waiver and Modification request to allow a 10% increase in the overall height limit of 65’-0” within the Grand Avenue Core is the only option that ensures the building design can be constructed. While the applicant could reduce the height of the proposed Parcel D building on the portion of property zoned Grand Avenue Core, this would reduce the overall number of units provided and result in a reduced project benefit to the City and developer. The applicant could also propose a Zoning and General Plan Amendment to adjust the boundaries of the Downtown Transit Core Zoning District, but this type of revision would require additional environmental analysis and is not likely to be supported by the City. Therefore, using the Waiver and Modification request provides the developer with the only reasonable option for design of the project. Because of the isolated location of the Project away from sensitive residential uses and adjacent to Airport Boulevard to the east and a parking lot to the west, the important gateway location to the Downtown, and the relatively small footprint of the 309 Airport Boulevard parcel (7,600 SF), the modification to allow a height increase of 7’-0” represented a small adjustment that preserves a high-quality project and provides an equivalent level of benefit to the applicant with minimal detriment to surrounding owners and occupants or to the general public. All other portions of the project are consistent with the zoning height requirements. 3. The granting of the requested waiver and modification would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with other zoning requirements given that the Project use is permitted, the density is permitted through the Downtown Station Area Specific Plan District regulations, and the height increase of 7’-0” will have minimal or no impact on the rest of the development that meets all zoning height requirements. Instead, this waiver and modification request preserves proposed residential units that will benefit the Downtown area and should not result in shadow impacts on surrounding properties, given the block configuration and project design. 412 G. Parking Reduction 1. Although the Project requests a 25% reduction in overall required parking spaces, this reduction would account for the 21% of proposed parking spaces that would be tandem or compact spaces and not consistent with the Zoning Ordinance. A total of 337 parking spaces are required and the applicant has proposed 342 parking spaces; 73 spaces would be compact or tandem. With the proposed Conditions of Approval to require parking signage and manage the parking assignment for tenants, the Project will provide sufficient on-site parking. Additionally, the Caltrain commuter station and SamTrans bus routes, along with a proposed bicycle share program, represent alternative travel modes that will support residents without vehicles; thus, there is sufficient parking within the site and the surrounding District to accommodate the proposed use. H. California Government Code Section 65402 Findings 1. The location, purpose and extent of any real property to be disposed of by the Agency related to the development of the Project is in accordance with the City’s General Plan and the applicable Specific Plan(s), consistent with California Government Code section 65402, for the reasons set forth above, including, but not limited to Findings B.1 and C.2. NOW, THEREFORE, BE IT FURTHER RESOLVED that subject to the Conditions of Approval, attached as Exhibit C to this resolution, and conditioned upon the approval of the Development Agreement on terms acceptable to the City Council, the Planning Commission of the City of South San Francisco hereby makes the findings contained in this Resolution, and recommends approval of the following: 1. the Development Agreement, substantially in the form of the Development Agreement, attached as Exhibit B; 2. a Conditional Use Permit, Design Review, Waiver and Modification, and a Parking Reduction for Phase 1 of the Project; and. 3. the Environmental Consistency Analysis, attached as Exhibit A BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. * * * * * * * I hereby certify that the foregoing resolution was adopted by the Planning Commission of the City of South San Francisco at the regular meeting held on the 21st day of January, 2016 by the following vote: AYES:_____Chairperson Wong, Vice-Chairperson Khalfin, Commissioner Faria, Commissioner Lujan, Commissioner Martin, Commissioner Nagales NOES: ____________ 413 ABSTENTIONS: ABSENT: Commissioner Ruiz Attest: /s/Sailesh Mehra Sailesh Mehra Secretary to the Planning Commission 414 ATTACHMENT 4 CITY COUNCIL DEVELOPMENT AGREEMENT ORDINANCE 415 1 ORDINANCE NO. __________ CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT WITH MILLER CYPRESS SSF, LLC FOR 309 AIRPORT BLVD., 315 AIRPORT BLVD., 401- 421 AIRPORT BLVD., 405 CYPRESS AVE., AND 216 MILLER AVE WHEREAS, the Successor Agency to the Redevelopment Agency of the City of South San Francisco (“Agency”) is the owner of certain real property located in the City of South San Francisco (“City”), California, known as County Assessor’s Parcel Number 012-317-110 (“401 Airport Boulevard”), 012-317-100 (“411 Airport Boulevard”), 012-317-090 (“421 Airport Boulevard”), 012- 314-100 (“405 Cypress Avenue”), 012-314-220 (“216 Miller Avenue”), 012-318-080 (“315 Airport Boulevard”) and collectively referred to as the “Agency Property”; and, WHEREAS, in August, 2014, the Agency and Miller Cypress SSF, LLC (“Developer”) entered into an Exclusive Negotiation Rights Agreement (“ENRA”) that established a mutual understanding among the City, the Agency, and the Developer regarding the potential development of the Agency Property; and, WHEREAS, in conjunction with the potential acquisition of the Agency Property, the Developer has acquired rights to entitle and develop County Assessor’s Parcel Number 012-318-040 (“309 Airport Boulevard”); and, WHEREAS, the Developer has proposed construction of a high-density residential development, consisting of 260 residential apartments in Phase 1, 12 for-sale residential townhomes in Phase 2, and 342 total vehicle parking spaces (“Project”) over 2.34 acres at the following addresses: 309 Airport Blvd., 315 Airport Blvd., 401-421 Airport Blvd., 405 Cypress Ave., and 216 Miller Ave. (collectively “Project Site”) in the City; and, WHEREAS, the Agency, is interested in selling the Agency Property to the Developer as contemplated in the ENRA, contingent upon approval of this Development Agreement by the City Council, Developer securing all funding for the Project, and Developer obtaining all applicable land use entitlements from the City necessary to construct the Project on the Project Site; and, WHEREAS, the City and the Developer now wish to enter into a Development Agreement (DA15-0003A) (“Development Agreement”) that will supersede any points of agreement contained within the ENRA; and, WHEREAS, Phase 1 of the Project (“Phase 1 of the Project”) includes the construction of two seven story residential apartment buildings with a total of 260 rental units at both corners of Airport Boulevard and Miller Avenue (309, 315, 401, 421 Airport Boulevard) and a private parking lot at 405 Cypress Avenue; and, 416 2 WHEREAS, Phase 2 of the Project (“Phase 2 of the Project”) includes the construction of twelve (12) new for-sale residential townhomes at 216 Miller Avenue; and, WHEREAS, Developer seeks approval of a Conditional Use Permit, Design Review, Waiver and Modification, and Parking Reduction for the Project (“Land Use Entitlements ”) through a separate resolution; and, WHEREAS, approval of the Developer’s proposal is considered a “project” for purposes of the California Environmental Quality Act, Pub. Resources Code § 21000, et seq. (“CEQA”); and, WHEREAS, on January 28, 2015, the City Council certified an Environmental Impact Report (“EIR”) (State Clearinghouse number 2013102001) in accordance with the provisions of the California Environmental Quality Act (Public Resources Code, §§ 21000, et seq., “CEQA”) and CEQA Guidelines, which analyzed the potential environmental impacts of the development of the Downtown Station Area Specific Plan; and, WHEREAS, on January 28, 2015, the City Council also adopted a Statement of Overriding Considerations (“SOC”) in accordance with the provisions of the California Environmental Quality Act (Public Resources Code, §§ 21000, et seq., “CEQA”) and CEQA Guidelines, which carefully considered each significant and unavoidable impact identified in the EIR and found that the significant environmental impacts are acceptable in light of the project’s economic, legal, social, technological and other benefits; and, WHEREAS, the City prepared an Environmental Consistency Analysis for the Project and concluded that the Project would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the Downtown Station Area Specific Plan Program EIR certified by City Council nor would any new mitigation measures be required; and, WHEREAS, on January 21, 2016 the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing, solicited public comment and considered the proposed Development Agreement, took public testimony, and made a recommendation that the City Council adopt the Development Agreement. NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the Record before it, as described below, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION I. FINDINGS Based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the South San Francisco General Plan and General Plan Program EIR; the Downtown Station Area Specific Plan and the Downtown Station Area Specific Plan EIR; the South San Francisco Municipal Code; the Project applications; the Project Plans, as prepared by TCA Architects, dated December 7, 2015; the Development Agreement, the Environmental Consistency Analysis, as prepared by City staff, dated February 10, 2016 including all 417 3 appendices thereto; all site plans, and all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed January 21, 2016 meeting; all reports, minutes, and public testimony submitted as part of the City Council’s duly noticed February 10, 2016 meeting and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the City of South San Francisco hereby finds as follows: I. General Findings. The foregoing recitals are true and correct and made a part of this Ordinance; 1. The Development Agreement, attached hereto as Attachment 1, is incorporated herein by reference and made a part of this Ordinance as if set forth fully herein. 2. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of Chief Planner, Sailesh Mehra. 3. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, including but not limited to the Environmental Consistency Analysis, as prepared by City staff, dated February 10, 2016, the City Council, exercising its independent judgment and analysis, finds that the Project is consistent with the analysis presented in the certified Downtown Station Area Specific Plan Program EIR, and that the Project would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the Downtown Station Area Specific Plan Program EIR certified by City Council nor would new mitigation be required for the Project. This is supported by the fact that, consistent with the Downtown Station Area Specific Plan EIR Mitigation Monitoring and Reporting Program, the project prepared Toxic Air Contaminants (TAC) and Green House Gas (GHG) Emissions Assessment, a Historic Resources Analysis, an Updated Historic Evaluation, and a Traffic and Circulation Analysis, all of which determined that the Project would not result in any new impacts not adequately evaluated and addressed by the Downtown Station Area Specific Plan Program EIR. II. Development Agreement Findings 1. The Development Agreement, as proposed, is consistent with the objectives, policies, general land uses and programs specified in the General Plan and the Downtown Station Area Specific Plan, both of which envision a high-density residential project adjacent to the Caltrain commuter station that can revitalize underused parcels and support economic activity in the Downtown area. Further, the land uses, development standards, densities and intensities, buildings and structures proposed are compatible with the goals, policies, and land use designations established in the General Plan (see Gov’t Code, § 65860), and none of the land uses, development standards, densities and intensities, buildings and structures will operate to conflict with or impede achievement of the any of the goals, policies, or land use designations established in the General Plan. 418 4 2. The Development Agreement, as proposed, is compatible with the proposed high-density residential use authorized in and the regulations prescribed for the two land use districts (Downtown Transit Core and Grand Avenue Core) in which the real property is located and complies with all applicable zoning, subdivision, and building regulations and with the guiding policies of the General Plan and Downtown Station Area Specific Plan. 3. The Development Agreement states: a. the duration of the Agreement shall be ten years, as specified in Section 2.2 of the Agreement; b. the permitted uses of the Project Site, with the exception of 309 Airport Boulevard, shall include those uses listed as “permitted” in the Downtown Transit Core zoning sub- district. Permitted uses for the parcel located at 309 Airport Boulevard shall include those uses listed as “permitted” in the Grand Avenue zoning sub-district, as specified in Section 6.2 of the Agreement; c. the density and intensity of use of the Project Site shall be as set for in the Project Approvals and, as and when they are issued, any subsequent approvals, as specified in Section 6.2 of the Agreement; d. the maximum height, bulk and size of the proposed buildings on the Project Site shall be as set for in the Project Approvals and, as and when they are issued, any subsequent approvals, as specified in Section 6.2 of the Agreement; e. provisions for reservation or dedication of land for public purposes, the location of public improvements, and the general location of public utilities shall be as set for in the Project Approvals and, as and when they are issued, any subsequent approvals, as specified in Section 6.2 of the Agreement; SECTION II. APPROVAL OF DEVELOPMENT AGREEMENT The City Council of the City of South San Francisco hereby: 1. Approves the Development Agreement (DA15-0003A) with Miller Cypress SSF, LLC attached hereto as Attachment 1 and incorporated herein by reference; and 2. Authorizes the City Manager to enter into and execute the Development Agreement on behalf of the City Council in substantially the same form as attached hereto as Attachment 1; to make any revisions, amendments, or modifications, subject to the approval of the City Attorney, deemed necessary to carry out the intent of this Ordinance and which do not materially alter or increase the City’s obligations thereunder. SECTION III. SEVERABILITY 419 5 If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION IV. PUBLICATION AND EFFECTIVE DATE Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk ’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. * * * * * * * Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 10th day of February, 2016. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the _____ day of _____________, 2016 by the following vote: AYES:________________________________________________________________ NOES:________________________________________________________________ ABSTENTIONS:________________________________________________________ ABSENT:______________________________________________________________ Attest:__________________________________ Krista Martinelli, City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this _____ day of _____________, 2016. Mayor 420 6 ATTACHMENT 1 Development Agreement 2599090.1 421 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of South San Francisco P.O. Box 711 South San Francisco, CA 94083 ______________________________________________________________________________ (Space Above This Line Reserved For Recorder’s Use) This instrument is exempt from recording fees pursuant to Government Code section 27383. Documentary Transfer Tax is $0.00 (exempt per Revenue & Taxation Code section 11922, Transfer to Municipality). DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF SOUTH SAN FRANCISCO AND MILLER CYPRESS SSF, LLC 309 AIRPORT BOULEVARD 315 AIRPORT BOULEVARD 401–421 AIRPORT BOULEVARD 405 CYPRESS AVENUE 216 MILLER AVENUE SOUTH SAN FRANCISCO, CALIFORNIA 422 1 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of January ___, 2016 by and between Miller Cypress SSF, LLC, a Delaware limited liability company (“Developer”), and the City of South San Francisco (“City”), pursuant to California Government Code (“Government Code”) sections 65864 et seq. Miller Cypress SSF, LLC and the City are sometimes collectively referred to herein as “Parties.” RECITALS A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California enacted California Government Code sections 65864 et seq. (the “Development Agreements Statute”), which authorizes the City to enter into an agreement with any person having a legal or equitable interest in real property for the development of such property. B. Pursuant to Government Code section 65865, City has adopted procedures and requirements for the consideration of development agreements (South San Francisco Municipal Code (“SSFMC”) Chapter 19.60). This Agreement has been processed, considered, and executed in accordance with such procedures and requirements. C. Developer has, or will acquire pursuant to a purchase and sale agreement, a legal and/or equitable interest in certain real property located on six parcels in the downtown area of the City of South San Francisco, west of US 101 at 309 Airport Boulevard, 315 Airport Boulevard, 401 Airport Boulevard, 411 Airport Boulevard, 421 Airport Boulevard, 405 Cypress Avenue, and 216 Miller Avenue, in the central part of the Downtown Station Area Specific Plan District, and specifically within the Downtown Transit Core and Grand Avenue Core zoning sub- districts, consisting of 2.36 total acres with frontages on Airport Boulevard, Cypress Avenue, and Miller Avenue, and as more particularly described and depicted in Exhibit A (“Project Site”). D. The proposed Project (“Project”) consists of removal of existing buildings and construction at full buildout of two (2) new seven-story multi-unit residential buildings, a private residential parking lot, and twelve (12) townhome units. The building at 401–421 Airport Boulevard will contain 160 apartment homes in five residential levels over two garage levels (up to 85 feet in height). The building at 309–315 Cypress Avenue will contain 100 apartment homes in five residential levels over two garage levels (up to 72 feet in height). A private residential parking lot will be built at 405 Cypress Avenue to support the apartment communities. After the two apartment buildings are complete and fully leased, twelve for-sale townhomes will be built at 216 Miller Avenue. The total proposed building area is approximately 300,000 square feet. A total of approximately 347 parking spaces will provide parking for the commercial and residential components of the project. Additionally, 26 short-term bicycle parking spaces and 73 secure bike rack spaces will be provided throughout the Project Site. E. Development of the Project requires that the Developer obtain from the City the following land use entitlements: Conditional Use Permit; Design Review; Modification to 423 2 Private Storage and Building Height Zoning Standards; Parking Exemption to Reduce Provided Parking by 25%; and a Development Agreement. The entitlements listed in this Recital E are collectively referred to herein as the “Project Approvals.” The Project Approvals are shown in Exhibit B. The Project Site is located in the Downtown Transit Core (DTC) and Grand Avenue Core (GAC) Zoning Sub-Districts and the Conditional Use Permit, Design Review, Waiver and Modification, and Parking Exemption requests are in accordance with SSFMC Chapters 20.280, 20.330, 20.480, 20.490 & 20.510. F. City has determined that the Project presents certain public benefits and opportunities which are advanced by City and Developer entering into this Agreement. This Agreement will, among other things, (1) reduce uncertainties in planning and provide for the orderly development of the Project; (2) provide needed residential development along the Airport Boulevard corridor; (3) mitigate any significant environmental impacts; (4) provide for and generate substantial revenues for the City in the form of one time and annual fees and exactions and other fiscal benefits; and (5) otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted. G. In exchange for the benefits to City described in the preceding Recital, together with the other public benefits that will result from the development of the Project, Developer will receive by this Agreement assurance that it may proceed with the Project in accordance with the “Applicable Law” (defined in section 6.3 below), and therefore desires to enter into this Agreement. H. On December [XX], 2015, following a duly noticed public hearing, the Planning Commission adopted Resolution No. [XXXX]-2015, recommending that the City Council approve this Agreement. I. The City Council, after conducting a duly noticed public hearing, has found that this Agreement is consistent with the General Plan and Zoning Ordinance and has conducted all necessary proceedings in accordance with the City’s rules and regulations for the approval of this Agreement. In accordance with SSFMC section 19.60.120, the City Council, at a duly noticed public hearing, adopted Ordinance No. [XXXX]-2015, approving and authorizing the execution of this Agreement. AGREEMENT NOW, THEREFORE, the Parties, pursuant to the authority contained in Government Code sections 65864 through 65869.5 and Chapter 19.60 of the South San Francisco Municipal Code and in consideration of the mutual covenants and agreements contained herein, agree as follows: 424 3 ARTICLE 1. DEFINITIONS 1.1 “Administrative Project Amendment” shall have that meaning set forth in Section 7.1 of this Agreement. 1.2 “Administrative Agreement Amendment” shall have that meaning set forth in Section 7.2 of this Agreement. 1.3 “Agreement” shall mean this Development Agreement. 1.4 “Applicable Law” shall have that meaning set forth in Section 6.3 of this Agreement. 1.5 “Assessments” shall have that meaning set forth in Exhibit C. 1.6 “City” shall mean the City of South San Francisco. 1.7 “City Law” shall have that meaning set forth in Section 6.5 of this Agreement. 1.8 “Claims” shall have that meaning set forth in Section 6.10 of this Agreement. 1.9 “Deficiencies” shall have that meaning set forth in Section 9.2 of this Agreement. 1.10 “Developer” shall mean Miller Cypress SSF, LLC. 1.11 “Development Agreements Statute” shall have that meaning set forth in Recital A of this Agreement. 1.12 “Development Fees” shall have that meaning set forth in Section 3.2 of this Agreement. 1.13 “Effective Date” shall have that meaning set forth in Section 2.1 of this Agreement. 1.14 “Indemnitees” shall have that meaning set forth in Section 6.10 of this Agreement. 1.15 “Judgment” shall have that meaning set forth in Section 9.2 of this Agreement. 1.16 “Parties” shall mean the Developer and City, collectively. 1.17 “Periodic Review” shall have that meaning set forth in Section 10.5 of this Agreement. 1.18 “Prevailing Wage Laws” shall have that meaning set forth in Section 6.10 of this Agreement. 1.19 “Project” shall have that meaning set forth in Recital D of this Agreement. 1.20 “Project Approvals” shall have that meaning set forth in Recital E of this Agreement. 1.21 “Project Site” shall have that meaning set forth in Recital C of this Agreement. 425 4 1.22 “Purchase and Sale Agreement and Joint Escrow Instructions Between South San Francisco Successor Agency and Miller Cypress SSF, LLC” or “PSA” is defined as the “Purchase and Sale Agreement and Joint Escrow Instructions between the South San Francisco Successor Agency and Miller Cypress SSF, LLC dated ______ and approved pursuant to South San Francisco Oversight Board Resolution No. ______. 1.23 “Subsequent Approvals” shall mean those certain other land use approvals, entitlements, and permits in addition to the Project Approvals that are necessary or desirable for the Project. In particular, for example, the parties contemplate that Developer may, at its election, seek approvals for the following: amendments of the Project Approvals, design review approvals, unless determined not required pursuant to the further provisions of this Agreement, improvement agreements, grading permits, building permits, lot line adjustments, sewer and water connection permits, certificates of occupancy, subdivision maps, rezonings, development agreements, use permits, sign permits and any amendments to, or repealing of, any of the foregoing. 1.24 “Tax” and “Taxes” shall not include any generally applicable City Business License Tax or locally imposed Sales Tax. 1.25 “Term” shall have that meaning set forth in Section 2.2 of this Agreement. ARTICLE 2. EFFECTIVE DATE AND TERM 2.1 Effective Date. This Agreement shall become effective upon the later of the date the ordinance approving this Agreement becomes effective or the date upon which the Purchase and Sale Agreement and Joint Escrow Instructions between the South San Francisco Successor Agency and Developer becomes effective. (“Effective Date”). In the event the PSA is not effective by March 31, 2016, this Agreement shall terminate and have no further force of effect unless the Developer and City Manager have mutually agreed in writing to extend the date. 2.2 Term. The term of this Agreement (“Term”) shall commence upon the Effective Date and continue for a period of ten (10) years. ARTICLE 3. OBLIGATIONS OF DEVELOPER 3.1 Obligations of Developer Generally. The Parties acknowledge and agree that the City’s agreement to perform and abide by the covenants and obligations of City set forth in this Agreement is a material consideration for Developer’s agreement to perform and abide by its long term covenants and obligations, as set forth herein. The parties acknowledge that many of Developer’s long term obligations set forth in this Agreement are in addition to Developer’s agreement to perform all the applicable mitigation measures identified in the Downtown Station Area Specific Plan (“DSASP”) Environmental Impact Report (“EIR”). 426 5 3.2 City Fees. (a) Developer shall pay those processing, inspection and plan checking fees and charges required by the City for processing applications and requests for Subsequent Approvals under the applicable non-discriminatory regulations in effect at the time such applications and requests are submitted to the City. (b) Consistent with the terms of the Agreement, City shall have the right to impose only such development fees (“Development Fees”) as have been adopted by City as of the Effective Date of this Agreement, or as to which City has initiated formal studies and proposals pursuant to City Council action, and which are identified in Exhibit C. This shall not prohibit City from imposing on Developer any fee or obligation that is imposed by a regional agency in accordance with state or federal obligations and required to be implemented by City. Development Fees shall be due upon issuance of building permits or certificates of occupancy for the Project, as may be required under the adopting ordinance for such Development Fees, except as otherwise provided under the Agreement or the Project Approvals. 3.3 Mitigation Measures. Developer shall comply with the Mitigation Measures identified and approved in the Downtown Station Area Plan EIR (see also the Environmental Consistency Analysis (“ECA”) for the Project), in accordance with the California Environmental Quality Act (“CEQA”) or other law. 3.4 Compliance with Terms of the Purchase and Sale Agreement. Developer shall comply with all terms of the Purchase and Sale Agreement and Joint Escrow Instructions entered into between Developer and the South San Francisco Successor Agency and approved by Oversight Board Resolution No ___________. A material default by Developer under the PSA shall be a material default under this Agreement. In the event the PSA is terminated under its terms prior to the transfer of real property to the Developer, this Agreement shall terminate and have no further force or effect. ARTICLE 4. OBLIGATIONS OF CITY 4.1 Obligations of City Generally. The parties acknowledge and agree that Developer’s agreement to perform and abide by its covenants and obligations set forth in this Agreement, including Developer’s decision to process the siting of the Project in the City, is a material consideration for City’s agreement to perform and abide by the long term covenants and obligations of City, as set forth herein. 4.2 Protection of Vested Rights. To the maximum extent permitted by law, City shall take any and all actions as may be necessary or appropriate to ensure that the vested rights provided by this Agreement can be enjoyed by Developer and to prevent any City Law, as defined above, from invalidating or prevailing over all or any part of this Agreement. City shall cooperate with Developer and shall undertake such actions as may be necessary to ensure this Agreement remains in full force and effect. Except as authorized in Section 6.9, City shall not support, adopt, or enact any City Law, or take 427 6 any other action which would violate the express provisions or intent of the Project Approvals or the Subsequent Approvals. 4.3 Availability of Public Services. To the maximum extent permitted by law and consistent with its authority, City shall assist Developer in reserving such capacity for sewer and water services as may be necessary to serve the Project. 4.4 Developer’s Right to Rebuild. City agrees that Developer may renovate or rebuild all or any part of the Project within the Term of this Agreement should it become necessary due to damage or destruction. Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement, and shall comply with the Project Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the requirements of CEQA. 4.5 Expedited Plan Check Process. The City agrees to provide an expedited plan check process for the approval of Project drawings consistent with its existing practices for expedited plan checks. The City shall use reasonable efforts to provide such plan checks within 3 weeks of a submittal that meets the requirements of Section 5.2. The City acknowledges that the City’s timely processing of Subsequent Approvals and plan checks is essential to the Developer’s ability to achieve the schedule under the PSA. ARTICLE 5. COOPERATION - IMPLEMENTATION 5.1 Processing Application for Subsequent Approvals. By approving the Project Approvals, City has made a final policy decision that the Project is in the best interests of the public health, safety and general welfare. Accordingly, City shall not use its discretionary authority in considering any application for a Subsequent Approval to change the policy decisions reflected by the Project Approvals or otherwise to prevent or delay development of the Project as set forth in the Project Approvals. Instead, the Subsequent Approvals shall be deemed to be tools to implement those final policy decisions. 5.2 Timely Submittals By Developer. Developer acknowledges that City cannot expedite processing Subsequent Approvals until Developer submits complete applications on a timely basis. Developer shall use its best efforts to (i) provide to City in a timely manner any and all documents, applications, plans, and other information necessary for City to carry out its obligations hereunder; and (ii) cause Developer’s planners, engineers, and all other consultants to provide to City in a timely manner all such documents, applications, plans and other necessary required materials as set forth in the Applicable Law. It is the express intent of Developer and City to cooperate and diligently work to obtain any and all Subsequent Approvals. 5.3 Timely Processing By City. Upon submission by Developer of all appropriate applications and processing fees for any Subsequent Approval, City shall promptly and diligently commence and complete all steps necessary to act on the Subsequent Approval application including, without limitation: (i) providing at Developer’s expense and subject to Developer’s request and prior approval, reasonable overtime staff assistance and/or staff consultants for planning and processing of each Subsequent 428 7 Approval application; (ii) if legally required, providing notice and holding public hearings; and (iii) acting on any such Subsequent Approval application. City shall ensure that adequate staff is available, and shall authorize overtime staff assistance as may be necessary, to timely process such Subsequent Approval application. 5.4 Denial of Subsequent Approval Application. The City may deny an application for a Subsequent Approval only if such application does not comply with the Agreement or Applicable Law (as defined below) or with any state or federal law, regulations, plans, or policies as set forth in Section 6.9. 5.5 Other Government Permits. At Developer’s sole discretion and in accordance with Developer’s construction schedule, Developer shall apply for such other permits and approvals as may be required by other governmental or quasi-governmental entities in connection with the development of, or the provision of services to, the Project. City shall cooperate with Developer in its efforts to obtain such permits and approvals and shall, from time to time, at the request of Developer, use its reasonable efforts to assist Developer to ensure the timely availability of such permits and approvals. 5.6 Assessment Districts or Other Funding Mechanisms. (a) Existing Fees. The Parties understand and agree that as of the Effective Date the fees, exactions, and payments listed in Exhibit C are the only City fees and exactions. Except for those fees and exactions listed in Exhibit C, City is unaware of any pending efforts to initiate, or consider applications for new or increased fees, exactions, or assessments covering the Project Site, or any portion thereof. (b) Future Fees, Taxes, and Assessments. City understands that long term assurances by City concerning fees, taxes and assessments were a material consideration for Developer agreeing to enter this Agreement and to pay long term fees, taxes and assessments described in this Agreement. City shall retain the ability to initiate or process applications for the formation of new assessment districts covering all or any portion of the Project Site. Notwithstanding the foregoing, Developer retains all its rights to oppose the formation or proposed assessment of any new assessment district or increased assessment. In the event an assessment district is lawfully formed to provide funding for services, improvements, maintenance or facilities which are substantially the same as those services, improvements, maintenance or facilities being funded by the fees or assessments to be paid by Developer under the Project Approvals or this Agreement, such fees or assessments to be paid by Developer shall be subject to reduction/credit in an amount equal to Developer’s new or increased assessment under the assessment district. Alternatively, the new assessment district shall reduce/credit Developer’s new assessment in an amount equal to such fees or assessments to be paid by Developer under the Project Approvals or this Agreement. 429 8 ARTICLE 6. STANDARDS, LAWS AND PROCEDURES GOVERNING THE PROJECT 6.1 Vested Right to Develop. Developer shall have a vested right to develop the Project on the Project Site in accordance with the terms and conditions of this Agreement. Nothing in this section shall be deemed to eliminate or diminish the requirement of Developer to obtain any required Subsequent Approvals. 6.2 Permitted Uses Vested by This Agreement. The permitted uses of the Project Site; the density and intensity of use of the Project Site; the maximum height, bulk, and size of proposed buildings; provisions for reservation or dedication of land for public purposes and the location of public improvements; the general location of public utilities; and other terms and conditions of development applicable to the Project, shall be as set forth in the Project Approvals and, as and when they are issued (but not in limitation of any right to develop as set forth in the Project Approvals), the Subsequent Approvals, provided, however, that no further design review or other discretionary approvals or public hearings shall be required except for review of minor changes to the Project Approvals by the Chief Planner as provided in this Agreement. Permitted uses for all Project parcels, with the exception of the parcel located at 309 Airport Boulevard, shall include, without limitation, those uses listed as “permitted” in the Downtown Transit Core zoning sub-district. Permitted uses for the parcel located at 309 Airport Boulevard shall include, without limitation those uses listed as “permitted” in the Grand Avenue Core zoning sub-district. 6.3 Applicable Law. The rules, regulations, official policies, standards and specifications applicable to the Project (the “Applicable Law”) shall be those set forth in this Agreement and the Project Approvals, and, with respect to matters not addressed by this Agreement or the Project Approvals, those rules, regulations, official policies, standards and specifications (including City ordinances and resolutions) governing permitted uses, building locations, timing of construction, densities, design, heights, fees, exactions, and taxes in force and effect on the Effective Date of this Agreement. 6.4 Uniform Codes. City may apply to the Project Site, at any time during the Term, then current Uniform Building Code and other uniform construction codes, and City’s then current design and construction standards for road and storm drain facilities, provided any such uniform code or standard has been adopted and uniformly applied by City on a citywide basis and provided that no such code or standard is adopted for the purpose of preventing or otherwise limiting construction of all or any part of the Project. 6.5 No Conflicting Enactments. Except as authorized in Section 6.9, City shall not impose on the Project (whether by action of the City Council or by initiative, referendum or other means) any ordinance, resolution, rule, regulation, standard, directive, condition or other measure (each individually, a “City Law”) that is in conflict with Applicable Law or this Agreement or that reduces the development rights or assurances provided by this Agreement. Without limiting the generality of the foregoing, any City Law shall be deemed to conflict with Applicable Law or this Agreement or reduce the development rights provided hereby if it would accomplish any of the following results, either by 430 9 specific reference to the Project or as part of a general enactment which applies to or affects the Project: (a) Change any land use designation or permitted use of the Project Site; (b) Limit or control the availability of public utilities, services, or facilities, or any privileges or rights to public utilities, services, or facilities (for example, water rights, water connections or sewage capacity rights, sewer connections, etc.) for the Project; (c) Limit or control the location of buildings, structures, grading, or other improvements of the Project in a manner that is inconsistent with or more restrictive than the limitations included in the Project Approvals or the Subsequent Approvals (as and when they are issued); (d) Limit or control the rate, timing, phasing, or sequencing of the approval, development or construction of all or any part of the Project in any manner; (e) Result in Developer having to substantially delay construction of the Project or require the issuance of additional permits or approvals by the City other than those required by Applicable Law; (f) Establish, enact, increase, or impose against the Project or Project Site any fees, taxes (including without limitation general, special and excise taxes but excluding any increased local sales tax or increases city business license tax), assessments, liens or other monetary obligations (including generating demolition permit fees, encroachment permit and grading permit fees) other than those specifically permitted by this Agreement or other connection fees imposed by third party utilities; (g) Impose against the Project any condition, dedication or other exaction not specifically authorized by Applicable Law; or (h) Limit the processing or procuring of applications and approvals of Subsequent Approvals. 6.6 Initiatives and Referenda. (a) If any City Law is enacted or imposed by initiative or referendum, or by the City Council directly or indirectly in connection with any proposed initiative or referendum, which City Law would conflict with Applicable Law or this Agreement or reduce the development rights provided by this Agreement, such Law shall not apply to the Project. (b) Except as authorized in Section 6.9, without limiting the generality of any of the foregoing, no moratorium or other limitation (whether relating to the rate, timing, phasing or sequencing of development) affecting subdivision maps, building permits or other entitlements to use that are approved or to be 431 10 approved, issued or granted within the City, or portions of the City, shall apply to the Project. (c) To the maximum extent permitted by law, City shall prevent any City Law from invalidating or prevailing over all or any part of this Agreement, and City shall cooperate with Developer and shall undertake such actions as may be necessary to ensure this Agreement remains in full force and effect. (d) Developer reserves the right to challenge in court any City Law that would conflict with Applicable Law or this Agreement or reduce the development rights provided by this Agreement. 6.7 Environmental Mitigation. The parties understand that the DSASP EIR and the ECA were intended to be used in connection with each of the Project Approvals and Subsequent Approvals needed for the Project. Consistent with the CEQA policies and requirements applicable to the DSASP EIR and the ECA, City agrees to use the DSASP EIR and ECA in connection with the processing of any Subsequent Approval to the maximum extent allowed by law and not to impose on the Project any mitigation measures or conditions of approval other than those specifically imposed by the Project Approvals, ECA, and DSASP EIR, or specifically required by CEQA or other Applicable Law. 6.8 Life of Subdivision Maps, Development Approvals, and Permits. The term of any subdivision map or any other map, permit, rezoning, or other land use entitlement approved as a Project Approval or Subsequent Approval shall automatically be extended for the longer of the duration of this Agreement (including any extensions) or the term otherwise applicable to such Project Approval or Subsequent Approval if this Agreement is no longer in effect. The term of this Agreement and any subdivision map or other Project Approval or Subsequent Approval shall not include any period of time during which a development moratorium (including, but not limited to, a water or sewer moratorium or water and sewer moratorium) or the actions of other public agencies that regulate land use, development or the provision of services to the land, prevents, prohibits or delays the construction of the Project or a lawsuit involving any such development approvals or permits is pending. 6.9 State and Federal Law. As provided in Government Code section 65869.5, this Agreement shall not preclude the application to the Project of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by changes in state or federal laws or regulations. Not in limitation of the foregoing, nothing in this Agreement shall preclude City from imposing on Developer any fee specifically mandated and required by state or federal laws and regulations. 6.10 Prevailing Wage. To the full extent required by all applicable state and federal laws, rules and regulations, Developer and its contractors and agents shall comply with California Labor Code Section 1720 et seq. and the regulations adopted pursuant thereto (“Prevailing Wage Laws”), and shall be responsible for carrying out the requirements 432 11 of such provisions. If applicable, Developer shall submit to City a plan for monitoring payment of prevailing wages and shall implement such plan at Developer’s expense. To the fullest extent permitted by law, Developer shall indemnify, defend (with counsel approved by City) and hold the City, and their respective elected and appointed officers, officials, employees, agents, consultants, and contractors (collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of payment of prevailing wages (including without limitation, all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and 1781), the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of Developer related to this Agreement with respect to the payment or requirement of payment of prevailing wages, whether or not any insurance policies shall have been determined to be applicable to any such Claims. It is further agreed that the City does not and shall not waive any rights against Developer which they may have by reason of this indemnity and hold harmless agreement because of the acceptance by the City, or Developer’s deposit with the City of any of the insurance policies described in this Agreement. The provisions of this Section 6.10 shall survive the expiration or earlier termination of this Agreement and the issuance of a Certificate of Completion for the Project. Developer’s indemnification obligations set forth in this section shall not apply to Claims arising solely from the gross negligence or willful misconduct of the Indemnitees. 6.11 Timing and Review of Project Construction and Completion. (a) The Project consists of two phases. Phasing will occur in such a manner as to always preserve the potential for 272 residential units on the site during the term of the Agreement. (i) Phase 1 shall include: • Two seven-story residential buildings on Parcels A & D, with a minimum of 260 apartment units between them and two levels of parking garages in each building. • A parking lot on Parcel B at 405 Cypress Avenue. • All site improvements and design features as shown on the Project Approvals for Phase 1. (ii) Phase 2 shall include: 433 12 • Twelve (12) For-Sale Townhomes at 216 Miller Avenue. • All site improvements and design features as shown on the Project Approvals for Phase 2. 6.12 No Housing Restrictions on Rental Residential Component. City acknowledges and agrees that the residential component of the Project, other than the twelve townhomes, is proposed for, approved as, and will be constructed as market-rate rental housing. City represents and warrants that no inclusionary housing, occupancy limitation or control, and no rent control requirement applies to the Project so long as the residential component is comprised solely of rental housing. City covenants that it will not adopt or attempt to apply any such restrictions, requirements or controls to the Project, other than the twelve townhomes, so long as the residential component is solely comprised of rental housing. ARTICLE 7. AMENDMENT 7.1 To the extent permitted by state and federal law, any Project Approval or Subsequent Approval may, from time to time, be amended or modified in the following manner: (a) Administrative Project Amendments. Upon the written request of Developer for an amendment or modification to a Project Approval or Subsequent Approval, the Chief Planner or his/her designee shall determine: (i) whether the requested amendment or modification is minor when considered in light of the Project as a whole; and (ii) whether the requested amendment or modification is consistent with this Agreement and Applicable Law. If the Chief Planner or his/her designee finds that the proposed amendment or modification is minor, consistent with this Agreement and Applicable Law, and will result in no new significant impacts not addressed and mitigated in the ECA or DSASP EIR, the amendment shall be determined to be an “Administrative Project Amendment” and the Chief Planner or his designee may, except to the extent otherwise required by law, approve the Administrative Project Amendment without notice and public hearing. Without limiting the generality of the foregoing, lot line adjustments, minor alterations in vehicle circulation patterns or vehicle access points, location of parking stalls on the site, number of required parking stalls if city development standards allow, substitutions of comparable landscaping for any landscaping shown on any final development plan or landscape plan, variations in the location of structures that do not substantially alter the design concepts of the Project, variations in the residential unit mix (number of one, two or three bedroom units), location or installation of utilities and other infrastructure connections or facilities that do not substantially alter the design concepts of the Project, and minor adjustments to the Project Site diagram or Project Site legal description shall be treated as Administrative Project Amendments. 434 13 (b) Non-Administrative Project Amendments. Any request by Developer for an amendment or modification to a Project Approval or Subsequent Approval which is determined not to be an Administrative Project Amendment as set forth above shall be subject to review, consideration and action pursuant to the Applicable Law and this Agreement. 7.2 Amendment of this Agreement. This Agreement may be amended from time to time, in whole or in part, by mutual written consent of the parties hereto or their successors in interest, as follows: (a) Administrative Agreement Amendments. Any amendment to this Agreement which does not substantially affect (i) the Term of this Agreement, (ii) permitted uses of the Project Site, (iii) provisions for the reservation or dedication of land, (iv) conditions, terms, restrictions, or requirements for subsequent discretionary actions, (v) the density or intensity of use of the Project Site or the maximum height or size of proposed buildings or (vi) monetary contributions by Developer, shall be considered an “Administrative Agreement Amendment” and shall not, except to the extent otherwise required by law, require notice or public hearing before the parties may execute an amendment hereto. Such amendment may be approved by City resolution. (b) Other Agreement Amendments. Any amendment to this Agreement other than an Administrative Agreement Amendment shall be subject to recommendation by the Planning Commission (by advisory resolution) and approval by the City Council (by ordinance) following a duly noticed public hearing before the Planning Commission and City Council, consistent with Government Code sections 65867 and 65867.5. (c) Amendment Exemptions. No amendment of a Project Approval or Subsequent Approval, or a Subsequent Approval shall require an amendment to this Agreement. Instead, any such matter automatically shall be deemed to be incorporated into the Project and vested under this Agreement. ARTICLE 8. ASSIGNMENT, TRANSFER AND NOTICE 8.1 Assignment and Transfer. Developer may transfer or assign all or any portion of its interests, rights, or obligations under the Agreement and the Project approvals to third parties acquiring an interest or estate in the Project or any portion thereof including, without limitation, purchasers or lessees of lots, parcels, or facilities. Prior to the issuance of a certificate of occupancy for all or any portion of the Property, Developer will seek City's prior written consent to any transfer, which consent will not be unreasonably withheld or delayed. City may refuse to give consent only if, in light of the proposed transferee's reputation and financial resources, such transferee would not, in City's reasonable opinion, be able to perform the obligations proposed to be assumed by 435 14 such transferee. Such determination will be made by the City Manager and will be appealable by Developer to the City Council. Notwithstanding any other provision of this Agreement to the contrary, each of following Transfers are permitted and shall not require City consent under this Section 8.1: (a) Any transfer for financing purposes to secure the funds necessary for construction and/or permanent financing of the Project; (b) An assignment of this Agreement to an Affiliate of Developer; (c) The sale of one or more of the completed residential units to an occupant thereof; (d) Transfers of common area to a homeowners or property owners association; or (e) Dedications and grants of easements and rights of way required in accordance with the Project Approvals. For the purposes of this Section 8.1, “Affiliate of Developer” means an entity or person that is directly or indirectly controlling, controlled by, or under common control with Developer. For the purposes of this definition, “control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity or a person, whether through the ownership of voting securities, by contract, or otherwise, and the terms “controlling” and “controlled” have the meanings correlative to the foregoing 436 15 ARTICLE 9. COOPERATION IN THE EVENT OF LEGAL CHALLENGE 9.1 Cooperation. In the event of any administrative, legal, or equitable action or other proceeding instituted by any person not a party to the Agreement challenging the validity of any provision of the Agreement or any Project approval, the parties will cooperate in defending such action or proceeding. City shall promptly notify Developer of any such action against City. If City fails promptly to notify Developer of any legal action against City or if City fails to cooperate in the defense, Developer will not thereafter be responsible for City's defense. The parties will use best efforts to select mutually agreeable legal counsel to defend such action, and Developer will pay compensation for such legal counsel (including City Attorney time and overhead for the defense of such action), but will exclude other City staff overhead costs and normal day-to-day business expenses incurred by City. Developer's obligation to pay for legal counsel will extend to fees incurred on appeal. In the event City and Developer are unable to select mutually agreeable legal counsel to defend such action or proceeding, each party may select its own legal counsel and Developer will pay its and the City's legal fees and costs. Developer shall reimburse the City for all reasonable court costs and attorneys’ fees expended by the City in defense of any such action or other proceeding or payable to any prevailing plaintiff/petitioner. 9.2 Reapproval. If, as a result of any administrative, legal, or equitable action or other proceeding, all or any portion of the Agreement or the Project approvals are set aside or otherwise made ineffective by any judgment in such action or proceeding ("Judgment"), based on procedural, substantive or other deficiencies ("Deficiencies"), the parties will use their respective best efforts to sustain and reenact or readopt the Agreement, and/or the Project approvals, that the Deficiencies related to, unless the Parties mutually agree in writing to act otherwise: (a) If any Judgment requires reconsideration or consideration by City of the Agreement or any Project approval, then the City will consider or reconsider that matter in a manner consistent with the intent of the Agreement and with Applicable Law. If any such Judgment invalidates or otherwise makes ineffective all or any portion of the Agreement or Project approval, then the parties will cooperate and will cure any Deficiencies identified in the Judgment or upon which the Judgment is based in a manner consistent with the intent of the Agreement and with Applicable Law. City will then consider readopting or reenacting the Agreement, or the Project approval, or any portion thereof, to which the Deficiencies related. (b) Acting in a manner consistent with the intent of the Agreement includes, but is not limited to, recognizing that the parties intend that Developer may develop the Project as described in the Agreement, and adopting such ordinances, resolutions, and other enactments as are necessary to readopt or reenact all or any portion of the Agreement or Project approvals without contravening the Judgment. 437 16 ARTICLE 10. DEFAULT; REMEDIES; TERMINATION 10.1 Defaults. Any failure by either party to perform any term or provision of the Agreement, which failure continues uncured for a period of thirty (30) days following written notice of such failure from the other party (unless such period is extended by mutual written consent), will constitute a default under the Agreement. Any notice given will specify the nature of the alleged failure and, where appropriate, the manner in which said failure satisfactorily may be cured. If the nature of the alleged failure is such that it cannot reasonably be cured within such 30-day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure thereafter, will be deemed to be a cure within such 30-day period. Upon the occurrence of a default under the Agreement, the non-defaulting party may institute legal proceedings to enforce the terms of the Agreement or, in the event of a material default, terminate the Agreement. If the default is cured, then no default will exist and the noticing party shall take no further action. 10.2 Termination. If City elects to consider terminating the Agreement due to a material default of Developer, then City will give a notice of intent to terminate the Agreement and the matter will be scheduled for consideration and review by the City Council at a duly noticed and conducted public hearing. Developer will have the right to offer written and oral evidence prior to or at the time of said public hearings. If the City Council determines that a material default has occurred and is continuing, and elects to terminate the Agreement, City will give written notice of termination of the Agreement to Developer by certified mail and the Agreement will thereby be terminated sixty (60) days thereafter. 10.3 Enforced Delay; Extension of Time of Performance. In addition to specific provisions of the Agreement, neither party will be deemed to be in default where delays in performance or failures to perform are due to, and a necessary outcome of, war, insurrection, strikes or other labor disturbances, walk-outs, riots, floods, earthquakes, fires, casualties, acts of God, restrictions imposed or mandated by other governmental entities (including new or supplemental environmental regulations), enactment of conflicting state or federal laws or regulations, judicial decisions, or similar basis for excused performance which is not within the reasonable control of the party to be excused. Litigation attacking the validity of the Agreement or any of the Project approvals, or any permit, ordinance, entitlement or other action of a governmental agency other than City necessary for the development of the Project pursuant to the Agreement will be deemed to create an excusable delay as to Developer. Upon the request of either party hereto, an extension of time for the performance of any obligation whose performance has been so prevented or delayed will be memorialized in writing. The term of any such extension will be equal to the period of the excusable delay, or longer, as may be mutually agreed upon. Subject to the limitations set forth below, performance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays are due to: war; insurrection; strikes and labor disputes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; governmental restrictions or priority; 438 17 litigation and arbitration, including court delays; legal challenges to this Agreement, the PSA, the Project Approvals, or any other approval required for the Project or any initiatives or referenda regarding the same; environmental conditions, pre-existing or discovered, delaying the construction or development of the Property or any portion thereof; unusually severe weather but only to the extent that such weather or its effects (including, without limitation, dry out time) result in delays that cumulatively exceed thirty (30) days for every winter season occurring after commencement of construction of the Project; acts or omissions of the other party; or acts or failures to act of any public or governmental agency or entity (except that acts or failures to act of City shall not excuse performance by City); moratorium; or a Severe Economic Recession (each a “Force Majeure Delay”). An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if Notice by the party claiming such extension is sent to the other party within sixty (60) days of the commencement of the cause. If Notice is sent after such sixty (60) day period, then the extension shall commence to run no sooner than sixty (60) days prior to the giving of such Notice. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Developer. Developer’s inability or failure to obtain financing or otherwise timely satisfy shall not be deemed to be a cause outside the reasonable control of the Developer and shall not be the basis for an excused delay unless such inability, failure or delay is a direct result of a Severe Economic Recession. “Severe Economic Recession” means a decline in the monetary value of all finished goods and services produced in the United States, as measured by initial quarterly estimates of US Gross Domestic Project (“GDP”) published by the US Department of Commerce Bureau of Economic Analysis (and not BEA’s subsequent monthly revisions), lasting more than four (4) consecutive calendar quarters. Any quarter of flat or positive GDP growth shall end the period of such Severe Economic Recession 10.4 Legal Action. Either party may institute legal action to cure, correct, or remedy any default, enforce any covenant or agreement in the Agreement, enjoin any threatened or attempted violation thereof, and enforce by specific performance the obligations and rights of the parties thereto. The sole and exclusive remedy for any default or violation of the Agreement will be specific performance. In any proceeding brought to enforce the Agreement, the prevailing party will be entitled to recover from the unsuccessful party all costs, expenses and reasonable attorney's fees incurred by the prevailing party in the enforcement proceeding. 10.5 Periodic Review. (a) Conducting the Periodic Review. Throughout the Term of this Agreement, at least once every twelve (12) months following the execution of this Agreement, City shall review the extent of good-faith compliance by Developer with the terms of this Agreement. This review (“Periodic Review”) shall be conducted by the Chief Planner or his/her designee and shall be limited in scope to compliance with the terms of this Agreement pursuant to Government Code section 65865.1. 439 18 (b) Notice. At least five (5) days prior to the Periodic Review, and in the manner prescribed in Section 11.9 of this Agreement, City shall deposit in the mail to Developer a copy of any staff reports and documents to be used or relied upon in conducting the review and, to the extent practical, related exhibits concerning Developer’s performance hereunder. Developer shall be permitted an opportunity to respond to City’s evaluation of Developer’s performance, either orally at a public hearing or in a written statement, at Developer’s election. Such response shall be made to the Chief Planner. (c) Good Faith Compliance. During the Periodic Review, the Chief Planner shall review Developer’s good-faith compliance with the terms of this Agreement. At the conclusion of the Periodic Review, the Chief Planner shall make written findings and determinations, on the basis of substantial evidence, as to whether or not Developer has complied in good faith with the terms and conditions of this Agreement. The decision of the Chief Planner shall be appealable to the City Council. If the Chief Planner finds and determines that Developer has not complied with such terms and conditions, the Chief Planner may recommend to the City Council that it terminate or modify this Agreement by giving notice of its intention to do so, in the manner set forth in Government Code sections 65867 and 65868. The costs incurred by City in connection with the Periodic Review process described herein shall be borne by Developer. (d) Failure to Properly Conduct Periodic Review. If City fails, during any calendar year, to either: (i) conduct the Periodic Review or (ii) notify Developer in writing of City’s determination, pursuant to a Periodic Review, as to Developer’s compliance with the terms of this Agreement and such failure remains uncured as of December 31 of any year during the term of this Agreement, such failure shall be conclusively deemed an approval by City of Developer’s compliance with the terms of this Agreement. (e) Written Notice of Compliance. With respect to any year for which Developer has been determined or deemed to have complied with this Agreement, City shall, within thirty (30) days following request by Developer, provide Developer with a written notice of compliance, in recordable form, duly executed and acknowledged by City. Developer shall have the right, in Developer’s sole discretion, to record such notice of compliance. 10.6 California Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of San Mateo County, California. 10.7 Resolution of Disputes. With regard to any dispute involving development of the Project, the resolution of which is not provided for by this Agreement or Applicable Law, Developer shall, at City’s request, meet with City. The parties to any such meetings shall attempt in good faith to resolve any such disputes. Nothing in this section 10.8 shall in any way be interpreted as requiring that Developer and City and/or City’s designee reach agreement with regard to those matters being addressed, nor shall 440 19 the outcome of these meetings be binding in any way on City or Developer unless expressly agreed to by the parties to such meetings. 10.8 Attorneys’ Fees. In any legal action or other proceeding brought by either party to enforce or interpret a provision of this Agreement, the prevailing party is entitled to reasonable attorneys’ fees and any other costs incurred in that proceeding in addition to any other relief to which it is entitled. 10.9 Hold Harmless. Developer shall hold City and its elected and appointed officers, agents, employees, and representatives harmless from claims, costs, and liabilities for any personal injury, death, or property damage which is a result of, or alleged to be the result of, the construction of the Project, or of operations performed under this Agreement by Developer or by Developer’s contractors, subcontractors, agents or employees, whether such operations were performed by Developer or any of Developer’s contractors, subcontractors, agents or employees. Nothing in this section shall be construed to mean that Developer shall hold City harmless from any claims of personal injury, death or property damage arising from, or alleged to arise from, any gross negligence or willful misconduct on the part of City, its elected and appointed representatives, offices, agents and employees. ARTICLE 11. MISCELLANEOUS 11.1 Incorporation of Recitals and Introductory Paragraph. The Recitals contained in this Agreement, and the introductory paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. 11.2 No Agency. It is specifically understood and agreed to by and between the parties hereto that: (i) the subject development is a private development; (ii) City has no interest or responsibilities for, or duty to, third parties concerning any improvements until such time, and only until such time, that City accepts the same pursuant to the provisions of this Agreement or in connection with the various Project Approvals or Subsequent Approvals; (iii) Developer shall have full power over and exclusive control of the Project herein described, subject only to the limitations and obligations of Developer under this Agreement, the Project Approvals, Subsequent Approvals, and Applicable Law; and (iv) City and Developer hereby renounce the existence of any form of agency relationship, joint venture or partnership between City and Developer and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between City and Developer. 11.3 Enforceability. City and Developer agree that unless this Agreement is amended or terminated pursuant to the provisions of this Agreement, this Agreement shall be enforceable by any party hereto notwithstanding any change hereafter enacted or adopted (whether by ordinance, resolution, initiative, or any other means) in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance, or any other land use ordinance or building ordinance, resolution or other rule, regulation or 441 20 policy adopted by City that changes, alters or amends the rules, regulations, and policies applicable to the development of the Project Site at the time of the approval of this Agreement as provided by Government Code section 65866. 11.4 Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the parties. Notwithstanding the foregoing, if any material provision of this Agreement, or the application of such provision to a particular situation, is held to be invalid, void or unenforceable, either City or Developer may (in their sole and absolute discretion) terminate this Agreement by providing written notice of such termination to the other party. 11.5 Other Necessary Acts. Each party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out the Project Approvals, Subsequent Approvals and this Agreement and to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. 11.6 Construction. Each reference in this Agreement to this Agreement or any of the Project Approvals or Subsequent Approvals shall be deemed to refer to the Agreement, Project Approval, or Subsequent Approval as it may be amended from time to time, whether or not the particular reference refers to such possible amendment. This Agreement has been reviewed and revised by legal counsel for both City and Developer, and no presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. 11.7 Other Miscellaneous Terms. The singular shall include the plural; the masculine gender shall include the feminine; “shall” is mandatory; “may” is permissive. If there is more than one signer of this Agreement, the signer obligations are joint and several. 11.8 Covenants Running with the Land. All of the provisions contained in this Agreement shall be binding upon the parties and their respective heirs, successors and assigns, representatives, lessees, and all other persons acquiring all or a portion of the Project, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions contained in this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to California law including, without limitation, Civil Code section 1468. Each covenant herein to act or refrain from acting is for the benefit of or a burden upon the Project, as appropriate, runs with the Project Site, and is binding upon the owner of all or a portion of the Project Site and each successive owner during its ownership of such property. 11.9 Notices. Any notice or communication required hereunder between City or Developer must be in writing, and may be given either personally, by telefacsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express or other similar courier promising overnight delivery. 442 21 If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving party’s facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day or on a Saturday, Sunday, or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of: (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any party hereto may at any time, by giving ten (10) days written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below: If to City, to: City of South San Francisco 400 Grand Avenue Attn: City Manager South San Francisco, CA 94080 Phone: (650) 877-8500 Fax: (650) 829-6609 With a Copy to: Meyers, Nave, Riback, Silver & Wilson 575 Market Street, Suite 2080 San Francisco, CA 94105 Attn: Jason S. Rosenberg, City Attorney Phone: (415) 421-3711 Fax: (415) 421-3767 If to Developer, to: Miller Cypress SSF, LLC Sares-Regis Group of Northern California 901 Mariners Island Blvd., 7th Floor Attn: Ken Busch San Mateo, CA 94404 Phone: (650) 377-5805 Email: kbusch@srgnc.com With Copies to: Holland & Knight 50 California Street, #2500 San Francisco, CA 94111 Attn: Tamsen Plume Phone: (415) 743-9461 Email: tamsen.plume@hklaw.com 443 22 11.10 Entire Agreement, Counterparts And Exhibits. This Agreement is executed in two (2) duplicate counterparts, each of which is deemed to be an original. This Agreement consists of [XX] pages and three (3) exhibits which constitute in full, the final and exclusive understanding and agreement of the parties and supersedes all negotiations or previous agreements of the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of City and the Developer. The following exhibits are attached to this Agreement and incorporated herein for all purposes: Exhibit A: Description and Diagram of Project Site Exhibit B: Existing Land Use Entitlements and Approvals Exhibit C: Applicable Laws & City Fees, Exactions, and Payments 11.11 Recordation Of Development Agreement. Pursuant to Government Code section 65868.5, no later than ten (10) days after City enters into this Agreement, the City Clerk shall record an executed copy of this Agreement in the Official Records of the County of San Mateo. 444 23 IN WITNESS WHEREOF, this Agreement has been entered into by and between Developer and City as of the day and year first above written. CITY CITY OF SOUTH SAN FRANCISCO, a municipal corporation By: ___________________________ Name: ______________________ City Manager ATTEST: By: ___________________________ City Clerk APPROVED AS TO FORM: By: ___________________________ City Attorney DEVELOPER MILLER CYPRESS SSF, LLC, a Delaware Limited Liability Company By: ___________________________ Name: ___________________________ Its: ___________________________ 2561624.1 445 24 Exhibit A: Description and Diagram of Project Site LEGAL DESCRIPTION Real property in the City of South San Francisco, County of San Mateo, State of California, described as follows: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, BEING [TO BE FILLED IN WHEN EXACT PROPERTY DESCRIPTION IS DETERMINED] APN: JPN: 446 25 Exhibit B: Existing Land Use Entitlements and Approvals [To be completed when the exact titles and resolution numbers for entitlements approved by the Planning Commission and the City Council are known.] 447 26 Exhibit C: Applicable Laws & City Fees, Exactions, and Payments CURRENT SOUTH SAN FRANCISCO LAWS Developer shall comply with the following City regulations and provisions applicable to the Property as of the Effective Date (except as modified by this Agreement and the Project Approvals). 1.1 South San Francisco General Plan. The Developer will develop the Project in a manner consistent with the objectives, policies, general land uses and programs specified in the South San Francisco General Plan, as adopted on October 13, 1999 and as amended from time to time. 1.2 Downtown Station Area Specific Plan. The Developer will develop the Project in a manner consistent with the objectives, policies, general land uses and programs specified in the South San Francisco Downtown Station Area Specific Plan, as adopted in January 2015. 1.3 Downtown Station Area Specific Plan Zoning District. The Developer shall construct the Project in a manner consistent with the Downtown Station Area Specific Plan Zoning District applicable to the Project as of the Effective Date (except as modified by this Agreement). 1.4 South San Francisco Municipal Code. The Developer shall construct the Project in a manner consistent with the South San Francisco Municipal Code provisions, as applicable to the Project as of the Effective Date (except as modified by this Agreement). FEES, EXACTIONS, & PAYMENTS Subject to the terms of Section 5.6(b) of this Agreement, Developer agrees that Developer shall be responsible for the payment of the following fees, charges, exactions, taxes, and assessments (collectively, “Assessments”). From time to time, the City may update, revise, or change its Assessments. Further, nothing herein shall be construed to relieve the Property from common benefit assessments levied against it and similarly situated properties by the City pursuant to and in accordance with any statutory procedure for the assessment of property to pay for infrastructure and/or services that benefit the Property. Except as indicated below, the amount paid for a particular Assessment, shall be the amount owed, based on the calculation or formula in place at the time payment is due, as specified below. 2.1 Administrative/Processing Fees. The Developer shall pay the applicable application, processing, administrative, legal and inspection fees and charges, as currently adopted pursuant to City’s Master Fee Schedule and required by the City for processing of land use entitlements, including without limitation, General Plan amendments, zoning changes, precise plans, development agreements, conditional use permits, variances, transportation demand management plans, tentative subdivision maps, parcel maps, lot 448 27 line adjustments, general plan maintenance fee, demolition permits, and building permits. 2.2 Impact Fees (Existing Fees). Except as modified below and as set forth in Section 3.2(b) of this Agreement, the following existing impact fees shall be paid for net new square footage at the rates and at the times prescribed in the resolution(s) or ordinance(s) adopting and implementing the fees. (a) Child Care Impact Fee. (SSFMC Chapter 20.310; Ordinance 1432-2001). (b) Public Safety Impact Fee. (Resolution 97-2012) Prior to receiving a building permit the Project, the Developer shall pay the Public Safety Impact Fee, as set forth in Resolution No. 97-2012, adopted on December 10, 2012, to assist the City’s Fire Department and Police Department with funding the acquisition and maintenance of Police and Fire Department vehicles, apparatus, equipment, and similar needs for the provision of public safety services. (c) Sewer Capacity Charge. (Resolution 39-2010) Prior to receiving a building permit for Tenant Improvements for the Project, the Developer shall pay the Sewer Capacity Charge, as set forth in Resolution No. 39-2010. (d) General Plan Maintenance Fee. (Resolution 74-2007). 2.3 User Fees. (a) Sewer Service Charges. (assessed as part of property tax bill) (b) Stormwater Charges. (assessed as part of property tax bill) 2.4 Community Enhancement Payments. (a) Public Art Commitment. Developer agrees to (i) either install public art as part of the Project worth a minimum of $25,000 or, if such public art is not installed by the certificate of occupancy, then (ii) pay twenty-five thousand dollars ($25,000.00) to the City in order to support the development of public art in the City. (b) Community Benefit Payment. At issuance of the first building permit, Developer agrees to pay five hundred thousand dollars ($500,000.00) to the City to support increased pedestrian connectivity to the South San Francisco Caltrain station. (c) Park In-Lieu Payment. Developer agrees to pay ten thousand dollars ($10,000.00) per residential unit constructed, to the City, in order to support the development of parks and open space areas in the City. Developer agrees to pay this fee for all of each parcel’s residential units prior to issuance of the first Certificate of Occupancy for such parcel. For example, the Park In-Lieu 449 28 Payments for all units on Parcel A shall be paid at the issuance of the first Certificate of Occupancy for Parcel A. 2.5 Business License Tax Modifications. In the event that the City’s business license tax is modified and duly approved by voters, and any subsequent tax modifications become applicable to the properties on the Project during the term of this Agreement, Developer shall be responsible to pay the applicable business license tax amounts, as modified. 450 ATTACHMENT 5 FORD PROPERTIES REDEVELOPMENT ZONING ORDINANCE COMPLIANCE 451 SARES-REGIS FORD PROPERTIES REDEVELOPMENT 309, 315, 401-421 AIRPORT BLVD., 405 CYPRESS AVE., 216 MILLER AVE. – ZONING ORDINANCE COMPLIANCE Zoning District: Downtown Transit Core (DTC) for 315, 401-421 Airport Blvd., 405 Cypress Ave., 216 Miller Ave. Grand Avenue Core (GAC) for 309 Airport Blvd. DTC Base Dev Standards DTC / GAC Proposed Minimum Lot Size 5,000sf 2.34 acres across 4 parcels Minimum Lot Width 50’ Complies Floor Area Ratio Min FAR 2.0 / 1.5 Max FAR 8.0 / 4.0 with incentives 4.0 exclusive of structured parking Residential Density (units/acre) Min Density 80 / 14 Complies Max Density 120 / 80 with incentives 116 du/acre combined Height Max Bldg Height 85’ / 65’ or 72’ with waiver 79’ to roof on Parcel A 72’ to roof on Parcel D Min Ground Floor Height 15’; 12’ min clearance 15’ complies Yards Grand Ave Frontage n/a 0 Ped Priority Zone Street Frontage Property line or 10’ 10’ for all streets Interior Side 0 0 Rear 0 0 Maximum Lot Coverage 100% 100% Min Amount of Landscaping n/a n/a Additional Development Standards Requirement/Allowed Proposed Increased Density, FAR Public Benefits Complies Heights and Building Setbacks Ground Floor Height 15’ (12’ clearance floor/ceiling) Complies Finished Floor Height 1st Floor Res, 5’ above grade Complies Min Usable Open Space 100sf per unit 102sf per unit Build-to Line 65% of linear street frontage Complies Corner Build Area Must meet setbacks Complies Residential Usable Open Space 100sf per unit Complies Private Storage Space 200 cubic feet/unit 245 units provided with storage Requested waiver to comply Limitations on Curb Cuts Min 10’ from intersection Complies Truck Docks, Loading, and Service Located at rear or interior sides Complies Supplemental Regulations Requirement/Allowed Proposed Building Transparency 60% of frontage , w/ garage exception Complies Architectural Articulation: Variety in Wall Plane Complies 452 Variety in Height or Roof Complies Façade Design Complies Balconies Complies Blank Walls No more than 20’ w/ garage exception Complies Exterior Building Materials/Colors High Durable, high quality Complies Building Orientation/Entrancies Oriented to face street Complies Unbundled Parking 50% of req’d parking permitted Complies Limitation on Parking Locations Limit curb cuts on Miller Ave Complies Max Block Length Do not consolidate blocks Complies Site and Development Regulations Requirement/Allowed Proposed Landscaping (20.300.007) Complies Lighting and Illumination (20.300.008) Complies Screening (20.300.012) Complies Trash and Refuse Collection (20.300.014) Complies Parking Standards (20.330) Requirement/Allowed Proposed Location of Required Parking Complies Parking Reductions See below Requested reduction to comply Bicycle Parking (20.330.008) 1 space/ 4 units Complies On-Site Loading (20.330.009) Complies Parking Area Design and Dev Standards (20.330.010) Requested reduction to comply Residential Parking Requirements – Downtown Districts # of Units Downtown Standards Parking Req’t Parking Provided Studio or Less than 500 sf 42 1 per unit max 42 max 1-Bdrm or 500-800 sf 101 1 – 1.5 per unit 101 min, 152 max 2-Bdrm or 801-1,100 sf 121 1.5 – 1.8 per unit 182 min, 218 max 3-Bdrm or more, 1,101 sf or larger 8 1.5 – 2 per unit 12 min, 16 max Total 272 337 – 428 Spaces 342 Total Spaces Proposed Parking Provided The applicant proposes 342 parking spaces. Per SSFMC 20.280.006.G, for apartment developments, 50 percent of the required parking may be unbundled. Additionally, the applicant has proposed 17 tandem spaces, measuring 8.5’x32’ rather than the standard 10’x40’ and 56 compact spaces, measuring 8.5’x16’ rather than the standard 8.5’x18’. In order to allow the substandard parking spaces, the applicant has requested a Conditional Use Permit to reduce the overall parking demand by 25%, which accounts for these spaces. In this case, the number of available parking spaces on-site will be 342 spaces but the smaller compact and tandem spaces can only be allowed with the CUP approval since the City’s Zoning Ordinance is silent on compact space dimensions. 453 EXHIBIT A ACCESSORY STORAGE MODIFICATION REQUEST MEMORANDUM 454 sARESlnrcrs November 23,zOLs Mr. Tony Rossi Senior Planner City of South San Francisco 315 Maple Street South San Francisco, CA 94083 RE Request for a waiver of storage requirements Vacant Ford Property Application Dear Tony We request a ten (10%) percent reduction of the required number of storage units at the proposed 272 unit community proposed at the Vacant Ford Properties. This reduction will reduce the required number of storage units from 272 to 245 over the four parcels. The 245 provided storage spaces is consistent with our experience of luxury apartment communities we manage and in the marketplace and exceeds the requirements of the majority of San Mateo cities. Achieving the requirement of 200 CF with a minimum 4 feet horizontal distance cannot be met exclusively in the garage without significantly reducing the number of parking spaces. To meet this requirement the building elevations and floorplans would require significant modifications and potentially be compromised. Below is a summary of the storage requirements of other cities in San Mateo County. ' 3t I"/{ / Sares Regis Group of Northern California, LLC 901 Mariners Island Boulevard, 7'l' Floor, San Mateo, California 94404 'f : 650-378-2800 F: 650-570-2233 San Mateo City City Requirement Brisbane No Storage Requirement No storage requirementColma Daly City No storage requirement Millbrae No storage requirement Foster City No storage requirement 180 CF per unitRedwood City San Bruno No storage requirement San Carlos Private Storage Space. Each unit shall have at least two hundred cubic feet of enclosed, weather-proofed, and lockable private storage space with a minimum horizontal dimension of four feet. No storage requirementCity of San Mateo of building excellence 455 Reducing the number of storage units will not be a detrimental effect to the health or safety of the public or occupants. Please grant the request for a waiver to reduce the number of storage units to 245 storage units. lf there are any questions I can be reached at 415-250-5515 or kbusch@srsnc.com. Sincerely, Busch Senior Vice President 456 EXHIBIT B HEIGHT WITHIN THE GRAND AVENUE CORE ZONING DISTRICT MODIFICATION REQUEST MEMORANDUM 457 sARESlnncrs RE December 3, 201-5 Mr. Tony Rossi Senior Planner City of South San Francisco 315 Maple Street South San Francisco, CA 94083 Vacant Ford Property Application: Request for a 10 percent waiver of building height on a small portion of Parcel D in the Grand Avenue Core Dear Mr. Rossi: As we have discussed, this letter transmits our formal request for a ten (10%) percent increase in the height of a small portion of Parcel D located in the Grand Avenue Core zone. This will increase the allowable height from 65 feet to 72 feeL The Height will be measured per section 20.040.005 where the average levelof the "highest pointand lowest pointof that portion of the lotcovered bythe building". The lot is considered the entire outline of building D. This height increase is required for a number of reasons: 1) lncrease the number of residents to a close proximity of the CalTrain station. This project locates residential units near the CalTrain station which helps to encourage mass transit ridership and reduce greenhouse gas emission. 2) Meet many of the Downtown Station Area Specific Plan goals including: a. Support transit ridership as part of a sustainable future for the City and the region. b. Promote infill development, intensification, and reuse of currently underutilized sites c. lncrease development intensities in the Downtown to grow the resident population and thus support a variety of commercial and service uses (Guiding Principle #2). d. Establish the highest intensity land uses within % mile of the Caltrain Station. ln this location, densities of up to 120 DUA are encouraged (Guiding Principle #2). e. Focus increases in residential and mixed -use densities within % mile of the Caltrain Station and in areas proximate to Grand Avenue to increase patronage of Caltrain as well as Grand Avenue businesses (Guiding Principle #8). f. Provide an attractive public realm that is accessible to persons of all abilities including improved sidewalks, streetscapes, pedestrian crossings, plazas and open spaces. 3) The directly adjacent Downtown Residential Core has a height limit of 85 feet. The majority of the building is in the Downtown Residential Core and only a small portion is within the Grand Avenue Core. Sares Regis Group of Northern CaliÊornia, LLC 90 1 Mariners Island Boulevard, 7'l' Floor, San Ma¡eo, Ca,lifornia 94404 T: 650-378-2800 F: 650-570-2233 of building excellence 458 4) The proposed building is located approximately 140 feet from the center line of Grand Avenue, so light and shadow will not have an impact on Grand Avenue. 5) The water table is located approximately 7 feet below grade and the soil contains high levels of lead. Both of which make lowering the building infeasible. Please grant the request for a waiver to increase the height limit 10% from 65 feet to 72 feet. lf you have any questions or need any additional information related to this request, I can be reached at 415- 250-5515 or kbusch @srsnc.com. Sincerely, Ken Busch Senior Vice President Attachments: Exhibit showing location of project in the Grand Avenue Core zone 459 Exhibít to December 3, 20L5letter Potíon of Project in Downtown Core I it þ ryr€{. ¡ I I I Iî 460 ATTACHMENT 6 PROPOSED COMMUNITY BENEFITS MEMORANDUM 461 sARESlnncrs December 3,2OL5 Revised t2/9/ts Revised 2/t/16 Mr. Tony Rossi Senior Planner City of South San Francisco 315 Maple Street South San Francisco, CA 94083 RE: Vacant Ford Property Application Proposed Community Benefits Dear Mr. Rossi: Sares Regis Group requests an increase in density to 116 DUA for the Vacant Ford Property; 309, 315, 40L-42L Airport Boulevard, 405 Cypress Avenue, and 216 Miller Avenue per the Planning Application we submitted on October 20,2015. Pursuant to the Downtown Station Area Specific Plan Section 20.280.005(i) Additional Development Standards), we propose the following public benefits: a. The development will pay area standard wages which will provide new construction employment for construction workers. This is a significant cost additional cost to the project. b. Payment ol 52,720,000 of Park Fees. Although there is no Park Fee ordinance for apartment communities we will pay the City 51-0,000 per unit for Parks. c. Up to 5500,000 contribution to the City for plaza/pedestrian connection improvements. d. Streetscape improvements on the east side of Cypress in front of the Property and along Miller between Airport and Cypress and along Lux in front of the property. This includes enhanced paving, furniture, street trees, lighting, bulb outs at the Miller/Cypress cross walks and bicycle improvements as shown on the landscape plan. Pedestrian Scale lighting along Airport in addition to the City required street lights to improve the pedestrian experience. Undergrounding PGE/ATT/Comcast lines on the east side of Cypress adjacent to the community, Miller between Cypress and Airport Boulevard. Estimated cost S1,278,000. e. lnstallation of utilities to be dedicated to the City for a water line and storm drain on Miller between Cypress and Airport as shown on the utility plans. Estimated cost S3oo,ooo. f. LEED rated community !O/o more energy efficient than CA 2013 Title 24 requirements. Estimated cost 5500,000.g. Public Art up to a maximum budget of 525,000 at the Miller/Cypress corner. Sares Regis Group of Northern California, LLC 90 1 Mariners Islancl Boulcva¡¿, 7'r' p166¡, San Mateo, California 94404 T: 650-37 8-2800 F: 650-570-2233 of building excellence 462 h. Mitigate environmental condition of the property to provide for residential development (i.e. remove underground storage tanks and address concerns regarding existing lead in soil). Estimated cost 5340,000 i. Provide upgraded construction fencing during construction. (Estimated cost S50,000)j. The project is aligned with, and will implement the Downtown Specific Plan. The community will implement the concept of a higher density community in proximity to transit. k. To the extent the City can promote the development of new housing near its commercial job centers, it will allow greater use of alternative transportation modes (walking, biking, transit) that will reduce auto trips and greenhouse gas reduction in conformance with the goals of the City's Climate Action Plan. Total Estimated Cost of Community Benefits S5,713,000 The value of the density bonus is approximately 525,000 for each additional unit with the total value of the density bonus being approximately S1,L25,000 for the additional 45 additional units. The estimated cost of the Community Benefits described above are significantly more than the benefit obtained from the additional 45 units. lf you have any questions or need any additionalinformation related to this request, lcan be reached at 4L5-250-5515 or kbusch @srsnc.com. Sincerely,4?-' Busch Senior Vice President 463 ATTACHMENT 7 PUBLIC COMMENTS 464 EXHIBIT A COMMUNITY SUPPORT LETTERS AND SIGNATURES SUBMITTED BY DEVELOPER 465 sARESlnncrs January 15,20L6 Mr. Tony Rozzi Senior Planner City of South San Francisco - Economic and Community Development Department 315 Maple Avenue, South San Francisco, CA 94080 RE: Vacant Ford Property: Additional lnformation to Respond to Public Comments Dear Tony: We completed significant community outreach including a formal neighborhood meeting, meeting with individual residents, design review meeting, bicycle pedestrian advisory committee, and joint housing subcommittee meeting. lnput by City residents has been overwhelmingly positive. During the discussions and by one comment letter submitted to the City, residents and neighbors expressed a few comments, which we asked our technical team to review and assist us with responses. Below is a brief summary of those comments, responses, and references to the following attached additional technical analyses. Attachment A. Troffic on Tomorack Lone generoted by Parcel C - Miller Avenue Residentiol, South San Froncisco - lmpact on Tomorock Lane ; December 28, 2075; Hexogon Tronsportqt¡on Consultants, lnc. Attachment B. Wind /ssues - Parcels A, C ond D in South Son Francisco, CA - Wind lssues Associoted with Project; Jonuary 72, 2076; prepared by lllingworth and Rodkin, lnc. Attachment C. Sun ond Shade lmpacts - Solar Access Report sheets G-5.0, G-5.7, G5.2; Jonuory 4, 2076; prepared by TCA Architects Attachment D. Bertolucci's Building - An Updoted Historic Evaluotion oÍ the Bertolucci's Building in South San Froncisco ; Januory 75, 2076; prepared by Archoeologicol Resource Monagement ond Department of Porks and Recreation Primory Record (24 pages); Jonuory 72, 2076; prepored by Archaeologicol Resource Manogement Comment t: Potentiol for Traffic lmpqcts on Tamorack Lane Response to Comment 1: Sares Regis Group of Northern California, LLC 901 Mariners Island Boulevard, 7'r' Floor, San Mateo, California 94404 T : 650-378-2800 F: 650-570-2233 a a a of building excellence 466 As described in more detail in Attachment A, Hexagon Transportation Consultants, lnc. reviewed a concern raised about the potential for traffic impacts on Tamarack Lane from the development of Parcel C, and concluded that: Tomqrack Lane is o one-woy street in the westbound direction. All troffic from the proposed project on Parcel C would enter qnd exit vio Tamorack Lane. During the AM peak hour the project would odd a maximum of I vehicles on Tomarock Lone (opproximotely 2 vehicles eost of the project driveway and I vehicles west of the project drivewoy). During the PM peok hour, the project would odd a moximum of 7 vehicles on Tamorock Lane (7 vehicles east of the project driveway ond 4 vehicles west of the project driveway). Because of the one directional traffic flow on Tomarock Lane, vehicles would not have to woit for any gops in order to turn into the project drivewoy ond would cause minimol deloy to the through traffic on Tamarack Lane. Also, vehicles exiting the project driveway would not have difficulty turning onto Tomorack Lone as they would have to find gaps in only one direction. Given the low traffic volumes ond one- directional troffic flow on Tomarock Lone, the project would not create any significont impacts on Tomorack Lone, the anticipated increosed troffic will be I trips west of the driveway in the AM peok hour ond 4 trips west of the drivewoy in the pm peok hour and would not be significont. Comment 2: Potentiolfor Parking lmpacts on Neighborhood Response to Comment 2: As described in our application materials on file with the City, the project provides a total of 342 off-street parking spaces and does not propose to remove any existing publicly accessible parking stalls, nor count any existing on-street parking to meet those requirements. The project does request, as allowed under the City's regulations, a 25o/o reduction in the overall number of parking spaces, but this reduction is not to the total number of actual physical number of spaces provided but only to account for73 compact or tandem spaces that do not technically meet the configuration requirements but we know will function very well for our residents. The location of this project adjacent to the Caltrain Station also means that many of our residents will be walking, biking or using public transit to commute to work and to other destinations. And, the City is imposing a condition of approval to ensure parking signage and appropriate parking assignment management. Based on our extensive experience with similar projects in the Bay Area and the particular transit-oriented location of this project site, we are confident that the project will provide sufficient parking and not cause a parking impact to the neighborhood. Comment 3: Potentiqlfor Wind Tunnel Effect 467 Response to Comment 3 As described in more detail in Attachment B, the wind analysis prepared by lllingworth and Rodkin, lnc., concludes that given the nature of the wind (speed and prevailing direction) in the area, as well as the building's size and design, the project would not result in a wind tunnel effect on the neighboring properties. Comment 4: Potential for Shoding on Neighboring Properties Response to Comment 4: As described in more detail on Attachment C, the solar/shade analysis prepared by TCA Architects concludes that the project will not result in any significant shading on the neighboring properties. Comment 5: Potentiol for lncreosed Security Concerns in Neighborhood Response to Comment 5: ln our experience, adding additional residents on existing vacant properties do not result in additional security concerns for existing neighborhoods. To the contrary, vacant properties tend to be a security concern, while adding residents who are equally concerned about their own security and can provide "24f7 eyes on the street" tends to reduce acts of crime and vandalism. Our project will be high quality, and we are very confident that our proposed project will enhance the aesthetics and security of the neighborhood. Comment 6: Potential to Block Visibility of the Bertolucci's Sign Response to Comment 6: As described in more detail in Attachment D, a historic evaluation of the Bertolucci's building by Archaeological Resource Management (ARM) concludes that while the project will block the view of the sign on top of Bertoluccu's from Highway 101, the project will not result in a significant impact to the Bertolucci's under the California Environmental Quality Act (CEQA). ARM's evaluation concludes that Bertolucci's building is a historic resource eligible for listing on both the City of South San Francisco Historic Resources lnventory and California Reg¡ster of Historic Resources, but concludes, based on a careful evaluation of the history of the building, the sign and the area, that: As per CEQA Guidelines, in order for an impact to be considered significant, the impact must pose o "substontiolly odverse" chonge to thot resource. A "substontially adverse" impact in the context of historic resources is one which 468 offects the resource "such thot the significonce of an historicol resource would be impaired" (PRC Section 5020.1(q)). The Bertolucci's sign is one several elements of the Bertolucci's building which contribute to the historic choracter of the property, however, the current view of the sign from Highwoy 707 is not an essentiol foctor in maintoining the significance of the structure or what mokes the sign a contributing element to the building given the relatively recent (1994) creotion of extent of the current view ond the modificotions to the sign itself. The contributing aspects of the sign to the building are bosed on the oge and the design of the sign itself and its relotionship to the historical use of the building. Bqsed on our review of the characteristics of building and sign, it appears the Bertolucci's building would retoin eligibility for both the CRHR and the locol historic register regardless of whether the sign remains visible from Highwoy 707 or not, due to its architecture and historic associotions. It should also be noted that in Chapter 4.3 (page 4.3-t2l of the City's Downtown Station Area Specific Plan Environmental lmpact Report (ElR), the EIR clearly identified that the implementation of the DSASP had the potential to cause significant, unavoidable impacts to both listed and other resources that were potentially eligible but not yet listed within the plan area, and adopted both mitigation measure MM 4.3-1 and adopted a statement of overriding considerations (SOC) related to the potential effects on historic resources within the plan area. Therefore, even if blocking visibility to the sign were to be considered a significant impact under CEQA (which ARM does not conclude to be the case), the EIR and SOC have adequately disclosed, mitigated and made findings under CEQA for projects, like this one, that are consistent with and implement that DSASP. Please review and include this information in the Planning Commission package for the January 2L,20L6 meeting. lf there are any questions please contact me at kbusch@srgnc.com or 650-377-5805. Sincerely, Ken Busch Senior Vice President Enclosures 469 YES! We Support Downtown Renovation We support d more vibrant downtown through creation of new homes on the vacant Ford dealership properties in the Airport Boulevard/Miller Avenue area. The South San Francisco Downtown Core Specific Plan is the result of years of solid planning and input from more than a dozen neighborhood meetings, This proposal for attractive new residences benefits downtown merchants, creates needed housing and open space, and improves our neighborhood. Within bicycling/walking distance of the relocated Caltrain station, this is the right place and right time for quality new homes in accordance with our Downtown Plan. I am interested in attending a meeting or sending an email/letter to City Hall to support this renovation proposal. Please keep me informed. ßrosPrinted Name:S T t v È 6 1 O a G f 6 I a o L Address:z {ì L 14 A D E A V L. tr (A Á/L ro 7rÞ c rQ >8 UCity5cçL/V-r È V V aÞ a-.:r o R (à .T R R(-))r C.qEmailq Phone:A \/-)s ì5 u 6 7,I Printed Name: Address City ZIP: Email Phone I am interested in attending a meeting or sending an email/letter to City Hall to support this renovation proposal. Please keep me informed. Printed Name: Address: City ZIP: Email Phone I am interested in attending a meeting or sending an email/letter to City Hall to support this renovation proposal. Please keep me informed. 470 YES! We Support Downtown Renovation We support ø more vibrant downtown through creation of new homes on the vacant Ford dealership properties in the Airport Boulevard/MillerAvenue area. The South San Francisco Downtown Core Specific Plan is the result of years of solid planning and input from more than a dozen neighborhood meetings. This proposal for attractive new residences benefits downtown merchants, creates needed housing and open space, and improves our neighborhood. Within bicycling/walkingdistance of the relocated Caltrain stat¡on, this isthe right place and righttime for quality new homes in accordance with our Downtown plan. hl q L ( ft A A f a€ 3 '\I I am interested in attend¡ng a meeting or sending an email/letter to City Hall to support this renovation proposal Please keep me informecJ. Printed Name:f o N T I E ÈAddress: City s o s t_ t{ H Þ F t È Email J h c ç I (e Phone a 6' I i r t .l c U h ë o L o Ir o ZIP: r3q / Printed Name:T C)c lq o \ am interested in attending a meeting or sending an email/letter to city Hall to support this renovation proposal. Please keep me informed. c-L C Address V IL LJ 1- 5 ô €R V ZIP Email o A Phone 6 6 \¡c Printed Name: Address City ZIP: I am interested in attending a meeting or sending an ernail/letter to City Hall to support this renovation proposal. Please keep me informed. Email Phone 471 YES! We Support Downtown Renovation We support o more vibront downtown through creation of new homes on the vacant Ford dealership properties in the Airport Boulevard/Miller Avenue area. The South San Francisco Downtown Core Specific Plan is the result of years of solid planning and input from more than a dozen neighborhood meetings. This proposal for attractive new residences benefits downtown merchants, creates needed housing and open space, and improves our neighborhood. Within bicycling/walking distance of the relocated Caltrain station, this is the right place and right time for quality new homes in accordance with our Downtown plan. I am interested in attend ing a meeting or sending an email/letter to City Hall to support this renovation proposal. please keep me informed. Printed Name:5 )2 T d a\Q-t Address:a 1 a)a J ID e J \A \)< City S S r ZtP:IVr >5 \) Email ì ()e I ¿\t Q,Lt C"('{t*-l'Éa'f ÚJ ,-f Phone (ê f-o -\o -)I L f q X Printed Name: Address: City ZIP: Email Phone: I am interested in attending a meeting or sending an email/letter to City Hall to support this renovation proposal. please keep me informed. Printed Name: Address: City ztP Email Phone: I am interested in attending a meeting or sending an email/letter to City Hall to support this renovation proposal. please keep me informed. 472 YES! We Support Downtown Renovation We support a more vibrant downtown through creation of new homes on the vacant Ford dealership properties in the Airport BoulevardlMiller Avenue area. The South San Francisco Downtown Core Specific Plan is the result o{ years of solid planning and input from more than a dozen neighborhood meetings. This proposal for attractive new residences benefits downtown merchants, creates needed housing and open space, and improves our neighborhood. Within bicycling/walking distance of the relocated Caltrain station, this is the right place and right time for quality new homes in accordance with our Downtown Plan' I am interested in attending a meeting or sen ding an email/letter to City Hall to support this renovation proposal. Please keep me informed Printed Name: ^l I o þ<f t ^/ f=5 Address:"4 I 2 a tl "t n x/Ê City 4 /A tl t 72 n_t)a?/7t?,L 1)Ø'7> Email Phsne:L s {2 a z -7 Printed Name:-D ö lJ €D (A)/+Ø 0 t Address:3 (-3 f:-e ft tJ f)h V City J O ç *l''-r (¿r+F.*7tP q Y C)I Ò Email b L a ,..J S 'r €I ^J L (à t o L Phone:Ò 5 o ç ø n 2 sç o z I am interested in attending a meeting or sending an emai l/letter to City Hall to support this renovation proposal. Please keep me informed Printed Name:L .2(-¿'o Z 4 v q Ì 7 a Address g I L lt-t 1_b Ò lr v I L City éô 5 o,VI ,(F,2v c í5 ¿-)zlP q u Õ v 'ð Email a,L Phone:b 5¿+Z /,{ç f / I am interested in attending a meeting or sending an ema il/letter to City Hall to support this renovation proposal. Please keep me informed 473 474 475 YES! We Support Downtown Renovation We support s more vibrant downtown through cre¡¡tion of new homes on the vacant Ford dealership properties in the Airport Boulevard/Miller Avenue area. The South San Francisco Downtown Core Specific Plan is the result of years of solid planning and input from more than a dozen neighborhood meetings. This proposalfor attractive new residences benefits downtown merchants, creates needed housing and open space, and improves our neighborhood. Within bicycling/walking distance of the relocated Caltrain station, this is the right place and right time for quality new homes in accordance with our Downtown Plan. Printed Name: lam nterested in attending a meeting or sending an email/letter to City Hall supp ort this renovation proposal. Please keep me informed åm interested in attending a meeting or sending an email/letter to City Hall to support this renovation proposal. Please keep me informed t C ( f(¿ 5'I ( ^ (Q r À a û ,h q h ,Address: City q IJ ðv r) Email (_h 4 p /^q 4 J {) ^ ztP P T A a+û lrvl Phone:t r v *7 f\L (,ó e (' Printed Name:M {H tt n L L 4 T II{'l /V L U Address a(I A ñ I q 1 t-l A v -f/- City ('A ÀJ T p /,4 Al ¡_I I L¿(t zl? t'.lu ?tj (ô Y &h lr {'7 .,n r']Lt-tEmail Phone ,/r't-A L *l)P I*'7 \ Printed Name:I q,n (:n Address 7 K L (-tf e € City a F zt?:q 4t )#t) Email a -!A t^n f) r n .\.t^t"r F' Phone:i 7 a¿-li )t V I am interested in attending a meeting or sending an emaifletter to City Hall to support this renovation proposal. Please keep me informed. 476 YES! We Support Downtown Renovation We support o more víbront downtown through creation of new homes on the vacant Ford dealership properties in the Airport Boulevard/Miller Avenue area. The South San Francisco Downtown Core Specific Plan is the result of years of solid planning and input from more than a dozen neighborhood meetings. This proposal for attractive new residences benefits downtown merchants, creates needed housing and open space, and improves our neighborhood. Within bicycling/walking distance of the relocated Caltrain station, this is the right place and right time for quality new homes in accordance with our Downtown Plan. X I am interested in attending a meeting or sending an ema illletter to City Hall to support this renovation proposal. Please keep me informed Printed Name:P /À ü L (0 ß fn O s A Address L o p /5 I C,I City s ()s A ñ F R A ,\)a /ZtP:7 I ô ,f n Email p F'o K m 0 S A @ ^ ô L I C,()n Phone 6 S-0 rr v ?6 7 / Printed Name: Address City ZtP: Email Phone: I am interested in attending a meeting or sending an email/letter to City Hall to support this renovation proposal. Please keep me informed. Printed Name: Address: City ZIP: Email Phone: I am interested in attending a meeting or sending an email/letter to City Hall to support this renovation proposal. Please keep me informed. 477 478 479 480 481 482 EXHIBIT B COMMUNITY LETTERS IN OPPOSITION 483 From:John Martoni To:WEB-ECD; All Council; Matsumoto, Karyl; Gupta, Pradeep; Normandy, Liza; Garbarino, Rich; Addiego, Mark; Greenwood, Alex; Wong, Alan; Khalfin, Alexander; Faria, Norm; Lujan, Daina; Martin, Carlos; Nagales, Mark; Ruiz, Aristides; Gross, Billy; Friedman, Adena; Rozzi, Tony Subject:Ford/Sares Regis Development Date:Saturday, October 31, 2015 11:20:12 AM Dear South City Leaders: I appreciate your leadership and enjoy living in Downtown South City because it is diverse/eclectic, quaint, has good services, and is stable. I think that civic leaders have been vital to creating such a nice environment. Thank you! However, it is no longer affordable. I am being priced out and just read about Sares Regis developing the Ford Site. Please excuse me while I rant: All this time I thought that the “housing crisis” was about locals being able to afford to stay in the area. Thanks to the City of South San Francisco, I now know that the true housing crisis is that there is not enough upscale housing for wealthy techies from out of town. It’s great that South San Francisco is tackling the problem by having Sares Regis Group develop luxury apartments at the Ford site. They are experts at building expensive (overpriced) housing for the rich. 600-square-foot one bedroom apartments in their existing projects on the Peninsula range from about $3,400-$4,800 per month. The median income in South San Francisco is about $74,000/year (net of about $4100 per month). It doesn't take a genius to figure out that these apartments are not being built for South San Franciscans. Sares Regis has a national empire of extremely overpriced rentals with floorplans that are similar to hotel suites. Rental rates are set with software and often come to strange amounts such as $3769/month. They have EXTREMELY high turnover of tenants because when the leases expire they raise rents dramatically. Eventually people are either priced out or wise up that they are being significantly overcharged for what they are getting. You would be hard-pressed to find people of color, families, senior citizens or low-income residents in their complexes. You will not find many locals either. They can't afford it. Sares Regis target demographic is young, single people new to the area/without much experience renting an apt. Like used car salesmen, they have a variety of gimmicks to attract their inexperienced/financially unsophisticated victims-- including extremely low security deposits and highly discounted rent for the first month. The ridiculously low move-in costs often attract those in precarious financial situations who often cannot afford the astronomical rent that will come after the first month. That is OK with Sares Regis because a large portion of Sares Regis's income comes from debt collection on those who move out before their leases expire. They are a major player in the predatory debt collection industry that sets up low income people in unsustainable financial arrangements, and then sells their debt to debt collectors who follow/threatens/sue them. BEWARE! They are not local, do not care about the local communities they invade, and are not helping with the housing crisis. Since they control thousands and thousands of units—- they are, in fact, in control of the housing market. 484 Look no further than South City Station for proof that overpriced, over-sized corporate developments are based on greed. Although it seems counter-intuitive, they actually RAISE housing prices because they control the vast majority of available units without any competition (except for a few other mega developers engaging in the same predatory practices). You can easily verify everything I have said by simply checking out the apartment listings on Craigslist and comparing the rents in small-scale, individually-owned complexes downtown with those being charged at South City Station's corporate-owned mega complex (you can check out SSF Station rents on their website). Another interesting pattern to note, is that there are hardly any rental openings in the old downtown because residents are scared to risk giving up a dignified, affordable rental unit that is locally-owned (with a humane landlord that is a person) because they know that they won't be able to find another one. In contrast, you will notice tons of openings all of the time in South City Station because it has extremely high turnover (it was not designed for long-term residency). Are there any renters on city boards, commissions, elected bodies? I think it would be a good idea to have input from local renters when you review these projects. Please don't hesitate to call me if you need somebody! As a teacher, I am extremely frustrated because I am being priced out of South City and there is nowhere left in the Bay Area to find affordable housing. South City WAS one of the few affordable pockets in the Bay Area. Although lots of new units have been approved, they are all being developed by corporations with track records of greedy opportunism. NONE of them will be remotely affordable for those of us with middle-class incomes who don't qualify for subsidies/assistance. Consequently, I am currently in the process of updating my resume because it looks extremely likely that I am going to have to move to another region of California next school year. FINALLY.... I AM NOT ANTI-DEVELOPMENT! In fact, I think South City is extremely underdeveloped, with many empty lots, parking lots, etc. PLEASE INVESTIGATE MIDDLE HOUSING CONCEPT BY DAN PAROLEK IN BERKELEY AS A POSSIBLE SOLUTION TO HOUSING CRISIS. It is based on traditional development patterns/scale of historic downtown core. Increases number of landlords/property owners (instead of consolidating massive lots to hand over to corporate developers, it is based on maintaining the existing fine-grain pattern and having human landlords!), The more landlords, the more competition. This is what will lower rents. http://opticosdesign.com/category/missing-middle Sincerely, John Martoni jmart33@hotmail.com South San Francisco 485 48 6 487 488 489 AN OPEN LETTER TO THE SOUTH SAN FRANCISCO PLANNING COMMISSION AT THEIR JANUARY 21, 2016 MEETING To: Chairman Wong, Vice-Chair Kalfin, Mr. Faria, Ms. Lujan, Mr. Martin, Mr. Nagales, and Mr. Ruiz. Thank you for reading my words; particular thanks to Mr. Faria for inviting me to be part of the process. My topic is the proposal for the "Ford Properties Residential Development" by Miller Cypress SSF, LLC which is on tonight's agenda to be considered for approval. I am excited! Development on the former Ford sales site is getting underway after being stalled for years by - among other things - legislated change. The years the site lay vacant may have contributed to an increase of nearby criminal activity, and certainly created a poor welcome for the people in the thousands of automobiles entering SSF from the 101 freeway every day. I am equally thrilled by the implicit promise that the city will finally undertake long-promised work on the Cal-Train station (instead of using that site as a general materials dump and parking lot). I am NOT excited, however by many elements of tonight's proposal; and ask you to think carefully about some of those elements. I do not denigrate Sares Regis - though I feel they're more solicitous of their investors than of their tenants, and favor tenants over neighbors. They appear to have acted with the market in a generally compliant manner. I would not exchange my present home for one of the crowded, ill-lit, and high-priced units they offer at The Plaza in Foster City, or 888 North San Mateo - but I am not the target for those "multifamily" apartments. None of the proposed apartments will be affordable housing. Construction on Parcel D replaces the 20+ SRO rooms of Christy's Inn at 309 Airport Blvd. That building has been closed since a fire on 9/9/2015. Rents on studio units in the proposal are expected to be 3-4 times what rents were in Christy's. We can assume new tenants will be very different in character than current residents of the surrounding neighborhood. I briefly complain that providing only 330 parking spaces for the 500-600 residents of the 264 apartments (mostly car-owning adults), far from the city's major groceries, drugstores, and many other important retail/service locations is a disaster. I have three material issues with the proposal: 1. an increased city services cost will be placed on existing residents; 2. the effects of the construction process is entirely overlooked. 3. traffic along heavily-used Airport Boulevard and Miller will substantially increase; [1] History says adding 500+ new residents to any neighborhood generates friction, particularly when the characters of the old and new residents differ widely. When the extant neighborhood is a high-crime area, tensions will be greater. And, if there is an on-going 'flash point' (such as on-street parking), there will be constant calls for extra community services (police, fire, EMT, 490 cleaning, &c.). If the $6 million Sares Regis offers as a "community benefit' could be invested at 5%, the income would only provide 2 full-time positions to service 24/7 problems. It can't be invested. The per-capita cost of city services will likely rise, and be a burden on current residents. [2] I work in San Francisco, seeing disruption caused by construction city-wide since 2000. Streets get blocked to vehicles and pedestrians, street parking is curtailed, noise increases to unbearable levels, unanticipated construction accidents temporarily shut off water and electricity, dirt and dust increase incidence of respiratory distress (and housekeeping). The Ford project is outsized for SSF. All the above outcomes can be expected during the year-plus required to build these towers, yet the proposal offers no means of mitigation. Effects will be felt by (and may become an economic burden on) residents, nearby merchants, and motorists. [3] The rendering below, from the Report to the Commission, shows the intersection of Miller and Airport, facing west. It was slightly 'stretched' on its horizontal axis in the report (makes the buildings appear shorter) but I have re-scaled it to be more correct. I place next to it a photograph of the same intersection (taken January 20, 2015 at 09:30); I tried to get a low-traffic interval so detail can be seen. You'll note the eight-plus traffic controls visible in the photo were eliminated in the rendering. An east-facing photograph of the same intersection (below) shows the most important reason for the controls: In the rear of the photo you see the termination of the Grand Avenue exit from US 101. Thousands of vehicles emerge from this exit every day, many headed to business facilities on East Grand Avenue. The Hexagon study (commissioned by Sares Regis and incorporated in the report) concludes that traffic conditions at several intersections will become unacceptable after the Ford development is occupied. Mitigations were recommended without identifying what they should be, how much they would cost, and who will pay for them. Again, these are likely to become a burden on current residents. 491 Therefore, I ask the Commission to defer making a recommendation to the City Council until the staff can explore the three areas I have just identified. In particular, I hope they work to make specific the nature and cost of mitigations for these problems, and get a proposed construction schedule including traffic and service disruptions. I suggest the Commission to consider increasing the amount of the community benefit payment required, and agree to a specific schedule for funds to be made available. Thank you for allowing me to address the Commission and to ask my questions today. Mark A. Johnson 585 Rocca Avenue 492 Housing Leadership Council of San Mateo County 139 Mitchell Avenue, Suite 108 South San Francisco, CA 94080 T: (650) 872-4444 / F: (650) 872-4411 www.hlcsmc.org January 21, 2016 Alan Wong, Chair and Commissioner South San Francisco Planning Commission 315 Maple Street South San Francisco Dear Alan Wong, Housing Leadership Council of San Mateo County works with communities and their leaders to produce and preserve quality affordable homes. Housing Leadership Council’s membership organizations include nonprofits, business groups, real estate firms, labor unions, educators, environmentalists, and other concerned community members. We are writing out of concern about the proposed Development Agreement with Miller Cypress SSF, LLC for the development of four downtown area sites, the Environmental Consistency Analysis, and entitlements of UP15-0027, DR15-0032, WM15-0001, PE15-0004, & DA15-0003. Our concern stems from the fact that San Mateo County is in a housing crisis. Families in South San Francisco are facing dramatic rent increases, and a shortage of rental options. Because of this crisis, we are dismayed that the project is not consistent with the affordable housing requirements in state law that was passed to guide former redevelopment sites and other publicly owned sites. AB 2135 was approved by Governor Brown on September 27, 2014 and filed with Secretary of State on September 27, 2014. Following are two sections relevant to your decision: 54220. (a) The Legislature reaffirms its declaration that housing is of vital statewide importance to the health, safety, and welfare of the residents of this state and that provision of a decent home and a suitable living environment for every Californian is a priority of the highest order. The Legislature further declares that there is a shortage of sites available for housing for persons and families of low and moderate income and that surplus government land, prior to disposition, should be made available for that purpose. 54233. If the local agency … disposes of the surplus land to an entity that uses the property for the development of 10 or more residential units, the entity or a successor-in-interest shall provide not less than 15 percent of the total number of units developed on the parcels at affordable 493 housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of Section 65915. These requirements shall be contained in a covenant or restriction recorded against the surplus land prior to land use entitlement of the project, and the covenant or restriction shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5. This is requirement is not ambiguous. The Planning Commission should not certify the EIR until the project is consistent with all State and Federal Laws, including AB 2135, the Surplus Land Act. In case there is any confusion, requiring affordable housing as part of the lease or sale of land would not conflict with the Palmer decision which is clearly a restriction to land use decisions, not to sales or lease agreements. According Goldfarb and Lipman, a well-respected law firm that represents cities and counties throughout California “Costa-Hawkins (the Palmer decision) does not apply where the owner has agreed to provide affordable rents by contract in exchange for a financial contribution or one of the many incentives contained in state density bonus law.” I have included an explanation by Goldfarb and Lipman on the Palmer decision. I urge the planning commission to include an affordable housing requirement, consistent with AB 2135, in the contract for sale of the publicly owned sites. Please contact me if you have any further questions or concerns. Sincerely yours, Evelyn Stivers Executive Director 494 Law Alert is published by Goldfarb & Lipman LLP as a timely reporting service to alert clients and others of recent changes in case law, opinions or codes. This alert does not represent the legal opinion of the firm or any member of the firm on the issues described, and the information contained in this publication should not be construed as legal advice. Should further analysis or explanation of the subject matter be required, please contact the attorney with whom you normally consult. LAW ALERT REQUIREMENT FOR AFFORDABLE RENTALS FOUND TO VIOLATE STATE RENT CONTROL LAWS JULY 31, 2009 In Palmer/Sixth Street Properties LP v. City of Los Angeles, decided on July 22, 2009, the California Court of Appeal for the Second District held that a condition of approval requiring 60 affordable units in a 350-unit rental project violated the Costa-Hawkins Act, which allows landlords to establish the initial rental rate for a new unit. The Court also invalidated the City’s in lieu fee for the affordable rental units. The Court’s expansive holding calls into question affordable housing and inclusionary requirements for new rental units. The case resulted from the Central City West Specific Plan adopted in 1991 by the City of Los Angeles. The City found that the supply of affordable housing in the area had been reduced by one-third. Consequently, developers were required to either reserve 15% of new units for low-income households, or replace any low- income units that had been demolished. As part of his 350-unit development, Palmer was required to replace 60 low-income units that had been demolished on the site in 1990. He was also given the option of paying an in-lieu fee of approximately $96,200 per low-income unit. The Court concluded that the affordable housing condition violated the Costa-Hawkins Act, which was adopted by the Legislature in August 1995. Costa-Hawkins allows landlords to set the initial rent for a new unit and whenever a unit is vacant (so-called “vacancy decontrol”). At the time Costa-Hawkins was adopted, its proponents stated that it would affect rent control programs in only five cities in California, although many more cities had adopted inclusionary ordinances. Nonetheless, the Court held that the statute was “clear and unambiguous” and allowed the landlord to set the initial rental rate. Since the City’s affordable housing condition limited the rents that Palmer could charge, it violated the clear mandate of State law. The Court also found that, because the objective of the in lieu fee was to impose affordable housing requirements and the amount was based solely on the number of affordable units, it was “inextricably intertwined” with the impermissible affordable housing requirement and so was also contrary to Costa-Hawkins. Palmer applies only to affordable housing requirements for new rental units and not to requirements for ownership units. In addition, Costa-Hawkins does not apply where the owner has agreed to provide affordable rents by contract in exchange for a financial contribution or one of the many incentives contained in state density bonus law (including regulatory and density incentives). However, communities with inclusionary ordinances should carefully review their provisions regarding affordable rental units to ensure that they do not conflict with Costa Hawkins. For further information, please contact Barbara Kautz, Polly Marshall, or any other Goldfarb & Lipman attorney at 510-836-6336. 495 EXHIBIT C STAFF RESPONSE 496 CITY OF SOUTH SAN FRANCISCO INTEROFFICE MEMORANDUM DATE: January 29, 2016 TO: Chair, Vice Chair and Planning Commission FROM: Tony Rozzi, Senior Planner SUBJECT: Response to Emailed Correspondence from Mark A. Johnson regarding the Proposed Ford Properties Development A resident sent correspondence to the Planning Commission identifying three concerns, listed below. 1. An increased City services cost will be placed on existing residents 2. The effects of the construction process is entirely overlooked 3. Traffic along heavily –used Airport Boulevard and Miller will substantially increase Staff has prepared some guidance regarding these stated issues: 1. The Downtown Station Area Specific Plan Program EIR analyzed the impact of new development on city services. The proposed project was examined in light of the Program EIR and determined that there will not be significant impacts to City services: The City has implemented a Public Safety Impact Fee (2012) for all new development. This fee is intended to fund improvements in infrastructure or public services necessitated by new development. All development pursuant to the DSASP would be required to pay this fee. However, construction of new fire facilities is not expected as a result of this project as the DSASP program EIR has evaluated that current provision is adequate. Compliance with Municipal Code requirements and payment of Public Safety Impact Fees will ensure that this project is consistent with the DSASP program EIR analysis and no further action is required. The Public Safety Impact Fee will be a cost borne by the developer and any expanded service should be covered by this fee. Payment of this fee is included as a draft condition of approval for the project. 2. Construction related impacts are possible for this project. The Downtown Station Area Specific Plan Program EIR identifies comprehensive mitigation measures for managing short-term air quality and noise impacts related to construction equipment and activity. These mitigations will be applied to the project. Additionally, local and state regulations will be applied to manage noise, dust, and storm water protection. 497 The Planning Division leads an internal “Downtown Management and Construction Coordination” Team that will address on-street parking impacts, contractor parking and equipment staging, traffic control and public safety. This team includes members of the Fire Department, Police Department, Building and Planning Divisions, and Public Works Department. Although all City regulations will continue to be enforced within the Downtown area and around construction projects, this Team will facilitate project specific mitigations to reduce disruption to residents and commercial businesses. Opposing this project based on temporary construction related impacts is short-sighted and inconsistent with the vision of the Downtown Station Area Specific Plan, as well as the adopted Climate Action Plan and General Plan’s Housing Element. These state approved documents recognize the need to focus dense housing closest to major commuter transit options. 3. The applicant has prepared a traffic analysis by Hexagon Consultants, included in the Planning Commission Staff Report as Attachment 1.A.iii. The consultant concluded, contrary to Mr. Johnson’s assertion, that there will be no significant impacts to any of the study intersections analyzed as part of the Downtown Station Area Specific Plan Program EIR: “All study intersections would continue to operate at acceptable LOS D or better during the AM and PM peak hours under background conditions and would continue to operate at acceptable conditions with the proposed project except for the intersection of Baden Avenue and Linden Avenue. The intersection of Baden Avenue and Linden Avenue would operate at unacceptable LOS F during the PM peak hour under background conditions and would continue to operate at unacceptable LOS F with the proposed project. Based upon the impact criteria, the proposed project would add less than 2% of the background traffic volumes and therefore would not create a significant impact at this intersection. The proposed project would increase the average delay at this intersection by only 0.2 seconds during the PM peak hour period under background plus project conditions.” The traffic analysis was also peer-reviewed by the Engineering Division and approved. Additionally, the applicant expressed a general concern related to parking. The applicant is required to provide a minimum of 337 spaces. The applicant has proposed 342 total parking spaces, however, a portion of these spaces (21%) would be compact spaces. In order to allow the substandard parking spaces, the applicant has requested a Parking Reduction to reduce the overall parking demand by 25%, which accounts for these spaces (approximately 21% as proposed). Unique to this request, the number of available parking spaces on-site will be 342 spaces but the smaller compact and tandem spaces cannot be counted towards their overall total. The site is within ¼ mile of the Caltrain commuter station and this station is expected to provide transit opportunities and reduce daily vehicle use. On-street parking is governed by time limits and very little spillover parking is anticipated as part of this development. 498 CITY OF SOUTH SAN FRANCISCO INTEROFFICE MEMORANDUM DATE: January 29, 2016 TO: Chair, Vice Chair and Planning Commission FROM: Tony Rozzi, Senior Planner SUBJECT: Response to Emailed Correspondence from Housing Leadership Council The Housing Leadership Council has provided a letter requesting that the Planning Commission not approve the proposed Ford Redevelopment project unless the project conforms to Assembly Bill AB 2135, the Surplus Land Act. This letter incorrectly states the Surplus Land Act requirements, Costa-Hawkins, and those laws applicability to this project. Specifically, The Surplus Land Act ("SLA") does not apply to the Successor Agency, which is the agency disposing of property here. The SLA is contained in Sections 54220-54233 of the Government Code (Article 8). In the SLA, a "local agency" is defined as, "every city, whether organized under general law or by charter, county, city and county, and district, including school districts of any kind or class, empowered to acquire and hold real property.” You will notice that a Successor Agency is not included in the definition of a "local agency" under the SLA, and therefore, is not subject to the requirements of the SLA. That fact is also repeated in the adopted Long Range Property Management Plan on page 88 under the section "Designation of Land, which characterizes Successor Agency property as not ”surplus property.” 499 ATTACHMENT 8 SUCCESSOR AGENCY PURCHASE AND SALE AGREEMENT RESOLUTION 500 1 RESOLUTION NO. ____ SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFRNIA A RESOLUTION APPROVING A PURCHASE AND SALE AGREEMENT WITH MILLER CYPRESS SSF, LLC FOR 315 AIRPORT BLVD., 401-421 AIRPORT BLVD., 405 CYPRESS AVE., AND 216 MILLER AVE. WHEREAS, the Successor Agency to the Redevelopment Agency of the City of South San Francisco (“Successor Agency”) is the owner of certain real property located in the City of South San Francisco (“City”), California, known as County Assessor’s Parcel Number 012-317-110 (“401 Airport Boulevard”), 012-317-100 (“411 Airport Boulevard”), 012-317-090 (“421 Airport Boulevard”), 012-314-100 (“405 Cypress Avenue”), 012-314-220 (“216 Miller Avenue”), 012-318-080 (“315 Airport Boulevard”) and collectively referred to as the “Agency Property”; and, WHEREAS, on June 29, 2011 the legislature of the State of California (the “State”) adopted Assembly Billy x1 26 (“AB 26”), which amended provisions of the Redevelopment Law; and, WHEREAS, pursuant to AB 26 and the California Supreme Court decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., which upheld AB 26 (together with AB 1484, the “Dissolution Law”), the former Redevelopment Agency of the City of South San Francisco was dissolved on February 1, 2012; and, WHEREAS, pursuant to the Dissolution Law, the Agency Property was transferred to the Successor Agency; and, WHEREAS, pursuant to the Dissolution Law, the Successor Agency prepared a Long Range Property Management Plan (“LRPMP”), which has been approved by the Oversight Board for the Successor Agency to the Redevelopment Agency of the City of South San Francisco (“Oversight Board”) and the California Department of Finance (“DOF”); and, WHEREAS, the approved LRPMP includes the Agency Propert y and highlights the potential development of the sites as residential, mixed use and/or transit-oriented projects consistent with Downtown Station Area Plan adopted by the City; and, WHEREAS, in August, 2014, the Successor Agency and Miller Cypress SSF, LLC (“Developer”) entered into an Exclusive Negotiation Rights Agreement (“ENRA”) that established a mutual understanding among the City, the Successor Agency, and the Developer regarding the potential development of the Agency Properties; and, WHEREAS, the ENRA was approved by the Oversight Board in August, 2014 and the DOF on December 5, 2014; and, WHEREAS, the Developer has proposed construction of a high-density residential development, consisting of 260 residential apartments in Phase 1, 12 for-sale residential townhomes in Phase 2, and 501 2 342 total vehicle parking spaces (“Project”), which is consistent with both the LRPMP and the ENRA; and, WHEREAS, the Successor Agency is interested in selling the Agency Property to Developer, as contemplated in the LRPMP and ENRA, contingent upon approval of a Development Agreement by the City, Developer securing all funding for the Project, and obtaining all applicable land use entitlements from the City necessary to construct the Project on the Agency Property; and, WHEREAS, the Successor Agency and the Developer now all wish to enter into a Purchase and Sale Agreement (“PSA”), attached hereto and incorporated herein as Exhibit A; and, WHEREAS, approval of the Developer’s proposal is considered a “project” for purposes of the California Environmental Quality Act, Pub. Resources Code § 21000, et seq. (“CEQA”); and, WHEREAS, on January 28, 2015, the City Council certified an Environmental Impact Report (“EIR”) (State Clearinghouse number 2013102001) in accordance with the provisions of the California Environmental Quality Act (Public Resources Code, §§ 21000, et seq., “CEQA”) and CEQA Guidelines, which analyzed the potential environmental impacts of the development of the Downtown Station Area Specific Plan; and, WHEREAS, on January 28, 2015, the City Council also adopted a Statement of Overriding Considerations (“SOC”) in accordance with the provisions of the California Environmental Quality Act (Public Resources Code, §§ 21000, et seq., “CEQA”) and CEQA Guidelines, which carefully considered each significant and unavoidable impact identified in the EIR and found that the significant environmental impacts are acceptable in light of the project’s economic, legal, social, technological and other benefits; and, WHEREAS, CEQA allows for limited environmental review of subsequent projects under a program EIR when an agency finds that a project would not create any new environmental effects beyond those previously analyzed under a program EIR and would not require any new mitigation measures (CEQA Guidelines § 15168 (c)(2)); and, WHEREAS, the City prepared an Environmental Consistency Analysis for the Project and the City by Resolution No.______ and the Successor Agency by Resolution No. __________concluded that the Project would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the Downtown Station Area Specific Plan Program EIR certified by City Council nor would any new mitigation measures be required. NOW, THEREFORE, BE IT RESOLVED that the Board of the Successor Agency to the Redevelopment Agency of the City of South San Francisco does hereby take the following actions: (1) Finds and determines that the recitals are true and correct; (2) Approves the PSA in substantially the same form attached hereto as Exhibit A and recommends that the Oversight Board approve the PSA; 502 3 (3) Subject to the approval by the Oversight Board of the PSA, as it pertains to the disposition of the Agency Property, authorizes the Executive Director to enter into and execute the PSA on behalf of the Successor Agency, in substantially the same form as attached hereto as Exhibit A; to make any revisions, amendments, or modifications, subject to review and approval of Successor Agency Counsel, deemed necessary to carry out the intent of this Resolution and which do not materially alter or increase the Successor Agency’s obligations thereunder. * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Successor Agency of the City of South San Francisco Redevelopment Agency at a special meeting held on the 10th day of February, 2016 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Clerk 503 4 EXHIBIT A Purchase and Sale Agreement 2599220.1 504 02/02/16 - 1 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (“this Agreement”) is made and entered into as of ________ 2016 (the “Date of Agreement”), by and between the South San Francisco Successor Agency, a public agency (“Seller” or “Agency”) and Miller Cypress SSF, LLC, (“Buyer”), which is the date this Agreement was approved by the South San Francisco Oversight Board ("Oversight Board"). Seller and Buyer are each individually referred to herein as a “Party” and, collectively, as the “Parties.” RECITALS A. WHEREAS, Seller is the owner of certain real property located in the City of South San Francisco, County of San Mateo, California, known as County Assessor’s Parcel Numbers 012-317-110 (401 Airport Boulevard)(“Parcel A.1”), 012-317-100 (411 Airport Boulevard) (“Parcel A.2”), 012-317-090 (421 Airport Boulevard) (“Parcel A.3”), 012-318-030 (315 Airport Boulevard) (“Parcel D”), 012-314-100 (405 Cypress Avenue) “(Parcel B”), and 012-314-220 (216 Miller Avenue parking lot) (“Parcel C”), each as more particularly described in Exhibit A attached hereto and incorporated herein by this reference. Parcel A.1, Parcel A.2 and Parcel A.3 are collectively, “Parcel A.” Parcel A, Parcel B, Parcel C, and Parcel D are collectively the “Property.” The Buyer has also entered a separate and private purchase and sale agreement to acquire a property located at 309 Airport Boulevard from an unrelated third party adjacent to Parcel D (“Parcel D Prime”). B. WHEREAS, on June 29, 2011 the legislature of the State of California (the “State”) adopted Assembly Bill x1 26 (“AB 26”), which amended provisions of the Redevelopment Law, which together with the California Supreme Court decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., which upheld AB 26 (together with AB 1484, the “Dissolution Law”), the South San Francisco Redevelopment Agency was dissolved on February 1, 2012. C. WHEREAS, in August, 2014, the Agency and Buyer entered into an Exclusive Negotiation Rights Agreement (“ENRA”) that established a mutual understanding among the City, Agency, and the Buyer regarding the potential development of the Property. D. WHEREAS, pursuant to the Dissolution Law, the Agency prepared a Long Range Property Management Plan (“LRPMP”), which the Oversight Board to the Former South San Francisco Redevelopment Agency (“Oversight Board”) approved on November 19, 201_, and the Department of Finance (“DOF”) approved on October 1, 2015. E. WHEREAS, the LRPMP includes development plans for the Property, which are consistent with this Agreement. 505 02/02/16 - 2 - F. WHEREAS, consistent with the approved LRPMP, and subject to the terms of this Agreement, Seller is interested in selling the Property to Buyer contingent upon Buyer paying the Purchase Price required in Section 2.2 and obtaining land use entitlements from the City of South San Francisco (“City”), and if such entitlements are granted, and requiring the Buyer to construct (a) 260 multi-family residential rental units on Parcel A, Parcel D and Parcel D Prime, (b) 12 townhomes on Parcel C (or as Project may be revised for Parcel C as provided in this Agreement), and (c) 25 guest parking spaces on Parcel B (“Project”). G. WHEREAS, on January 28, 2015, the City Council (i) certified an Environmental Impact Report (“EIR”) (State Clearinghouse number 2013102001) in accordance with the provisions of the California Environmental Quality Act (Public Resources Code, §§ 21000, et seq., “CEQA”) and CEQA Guidelines, which analyzed the potential environmental impacts of the development of the Downtown Station Area Specific Plan (the “DSASP”), and (ii) approved the DSASP which includes the Property and Parcel D Prime. H. WHEREAS, on January 28, 2015, the City Council also adopted a Statement of Overriding Considerations (“SOC”) in accordance with the provisions of CEQA and CEQA Guidelines, which carefully considered each significant and unavoidable impact identified in the EIR and found that the significant environmental impacts are acceptable in light of the DSASP’s economic, legal, social, technological and other benefits and City Council found the Project consistent with the DSASP. I. WHEREAS, on February 10, 2016 by Resolution Nos. ______ and ________ , and the City Council (i) adopted an Environmental Consistency Analysis for the Project prepared by the City and certified that the Project would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the DSASP EIR certified by City Council, or require any new mitigation measures (“Environmental Consistency Analysis”), (2) approved the following entitlements for the Project Conditional Use Permit (“UP”) 15-0027, Design Review (“DR”) 15- 0032, Waiver and Modification (“WM”) 15-0001, and Parking Exemption (“PE”) 15-0004, and (ii) introduced Ordinance No. _________ approving a Development Agreement (“DA”) 15-0003 (collectively, the “Project Approvals”). On February 24, 2016, by City Council adopted Ordinance No. ______ approving the DA. . J. WHEREAS, in compliance with Section 6.10 of the DA between the City and Buyer, the Buyer has agreed to pay prevailing wages pursuant to Labor Code Section 1720 et seq. for the Project. In addition, Buyer has stated in public its intent to use union labor for the construction of the Project. K. WHEREAS, pursuant to Health and Safety Code Section 34181(a)(1), the Seller on February 10, 2016 and the Oversight Board on February 16, 2016 held duly noticed public meetings to consider the sale of the Property to the Buyer pursuant to this Agreement. 506 02/02/16 - 3 - L. WHEREAS, pursuant to Resolution No. ____ dated February 10, 2016, the Seller found that the sale of the Property is consistent with the disposition provisions of the LRPMP and recommended that the Oversight Board approve this Agreement. M. WHEREAS, pursuant to Resolution No. ____dated ____________, 2016, the Oversight Board found that (i) the sale of the Property is consistent with the disposition provisions of the LRPMP and (ii) pursuant to Health and Safety Code Section 34179(h)(1)(D), as a transfer of governmental property pursuant to the approved LRPMP, the Oversight Board is not required to submit approval of this Agreement to DOF for approval and approved this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the parties, Seller and Buyer hereby agree as follows: 1. INCORPORATION OF RECITALS AND EXHIBITS. The Recitals set forth above and the Exhibits attached to this Agreement are each incorporated into the body of this Agreement as if set forth in full. 2. PURCHASE AND SALE. 2.1 Agreement to Buy and Sell. Subject to the terms and conditions set forth herein, Seller agrees to sell the Property to Buyer, and Buyer hereby agrees to acquire the Property from Seller. 2.2 Purchase Price. The purchase price for the Property to be paid by Buyer to Seller (the “Purchase Price”) is Four Million and 00/100 Dollars ($4,000,000.00). The Purchase Price shall be paid in cash at the Closing. 2.3 Supplemental Purchase Price for Parcel C. If the Buyer constructs Parcel C (whether as (i) a 12 unit town home development consistent with the Project Approvals (“12 Unit Project’) or (ii) as part of a revised development under the potential Land Assembly Option defined in Section 5.6), the additional land value payable to the Seller for Parcel C will be determined either by (X) a residual land value appraisal for Parcel C or, at Seller’s discretion, (Y) on a comparison sales based appraisal both of which will be prepared by a certified appraiser mutually selected by the Seller and Buyer within sixty (60) days of the date Buyer provides written notice of either its intent to pursue the Revised Parcel C Entitlements its intent to abandon the Revised Parcel C Entitlements and proceed with construction of the 12 Unit Project (“Supplemental Purchase Price”). In the event that the parties do not agree on an appraiser, the Seller shall identify three certified appraisers with experience appraising properties in San Mateo County and each Party shall strike one appraiser and the remaining appraiser shall be retained to conduct the appraisal. The costs of the appraisal shall be shared equally between the Seller and Buyer. Buyer shall pay Seller the Supplemental Purchase Price prior to the earlier of ninety (90) days after completion of the appraisal or issuance of the first building permit by the City for 507 02/02/16 - 4 - Parcel C. This provision shall not apply if Buyer re-conveys Parcel C to Seller pursuant to Section 5.6(e)(v). 3. ESCROW. 3.1 Escrow Account. Seller has opened an interest-bearing escrow account (the “Escrow”) maintained by First American Title Insurance Company at the address noted in Section 13.8 (the “Escrow Holder”), with interest accruing to the benefit of Buyer. Escrow Holder shall perform all escrow and title services in connection with this Agreement. 3.2 Opening of Escrow. Within ten (10) business days after the Effective Date, the Parties will deposit into Escrow the fully executed Agreement, or executed counterparts thereto. The date such fully executed Agreement is received by Escrow Holder will be deemed the “Opening of Escrow.” 3.3 Buyer’s Deposit. Upon the Opening of Escrow, the Buyer shall deposit two hundred thousand dollars ($200,000) in Escrow (“Buyer’s Initial Deposit”). The Buyer’s Initial Deposit shall be non-refundable. Unless Buyer has delivered written notice to Seller terminating this Agreement in accordance with Section 3.4 below, then upon expiration of Buyer’s Due Diligence Contingency Period, as set forth in Section 5.2 below, Buyer shall deposit an additional two hundred thousand dollars in Escrow (“Buyer’s Second Deposit”). In the event of a failure to Close based on any of the following Buyer’s Conditions to Closing, the Buyer shall be entitled to a refund of the Buyer’s Second Deposit: 5.2(b), 5.2(c), 5.2(e), 5.2(l), and 5.2(m). 3.4 Satisfaction of Due Diligence Contingency. Buyer shall have the right, in its sole discretion, to terminate this Agreement if Buyer disapproves of its inspection of and due diligence pertaining to the Property as set forth in Section 5.2 (a) prior to the expiration of the Due Diligence Period (also as defined in Section 5.2(a) below). Buyer hereby agrees to provide written notice to Seller prior to the expiration of the Due Diligence Period if Buyer disapproves any due diligence items and identify with reasonable specificity such disapproval. Upon provision of such notice to Seller, this Agreement shall terminate, and, except as provided in Section 5.2(a), all amounts deposited by Buyer into escrow (except the expended ENRA Deposit, the Buyer’s Initial Deposit and the ENRA Extension Deposit as provided in Section 3.5 below), together with interest thereon, if any, will be returned to Buyer, and neither Party shall have any further rights or obligations under this Agreement except those which expressly survive the termination hereof. If Buyer fails to notify Seller in writing of the disapproval of any due diligence items, it will be conclusively presumed that Buyer has approved all such items, matters or documents and this Agreement shall continue in full force and effect. 3.5 Application of Prior ENRA Deposit. Pursuant to Section 5 of the ENRA, Buyer has already submitted directly to Seller a deposit in the amount of Fifty Thousand Dollars ($50,000) to cover the actual costs that the Seller has incurred and will incur in furtherance of this Agreement (“ENRA Deposit”), and an additional Twenty Five Thousand ($25,000) Dollars related to the ENRA extension (“ENRA Extension Deposit”). Seller has 508 02/02/16 - 5 - deposited the ENRA Deposit and the ENRA Extension Deposit in an interest bearing account and any interest, when received by Seller, will become part of the ENRA Deposit. On or before expiration of this Agreement, the Seller may, draw on the ENRA Deposit to reimburse the Seller’s cost for third-party assistance and staff time in the negotiations for and preparation of this Agreement. Upon Closing, the Seller will apply any unused portion of the ENRA Deposit to the Purchase Price. In the event that Buyer terminates this Agreement in accordance with Section 3.4 above, Buyer shall only be entitled to the unused portion of the ENRA Deposit and the Seller shall be entitled to the ENRA Extension Deposit. 3.6 Environmental Remediation Regulatory Approval Successor Agency Assistance. At Closing, the Buyer agrees to take title of the Property in AS IS WHERE IS condition with no environmental remediation work required by or indemnities from the Seller or the City of South San Francisco. Seller, at Buyer’s expense, agrees to cooperate with Buyer to obtain regulatory approval of the necessary environmental work for the Property (including but not limited to the California Land Reuse and Revitalization Act) to be suitable for unrestricted residential use consistent with the uses proposed in the Project Approvals prior to and as a Buyer condition to Closing. Buyer will then manage and complete the remediation work necessary to make the Property suitable for unrestricted residential use consistent with the uses proposed in the Project Approvals after Closing. After Closing, Seller shall have no further obligations with respect to Environmental and/or Natural Hazards remediation costs (except in the event Parcel C is re-conveyed to the Seller pursuant to the applicable provisions of Section 5.6. 4. PROPERTY DISCLOSURE REQUIREMENTS. 4.1 Condition of Title/Preliminary Title Report. Buyer hereby approves the following exceptions which shall be referred to herein as the “Pre-Approved Exceptions”: (a) the lien of any non-delinquent property taxes and assessments (which, if any exist, shall be prorated by the Title Company at Closing); (b) the Memorandum of Agreement, (c) the covenants, conditions and restrictions set forth in the Grant Deed, (d) standard printed exceptions in the Preliminary Report; and (e) the exceptions shown on Exhibit C attached hereto. Within five (5) business days of Opening of Escrow, Escrow Holder will deliver an updated Preliminary Title Report for the Property (the “Preliminary Report”) to Buyer. Buyer will have ten (10) business days from receipt to review the Preliminary Report and deliver to Seller a written notice indicating any disapproved exceptions (“Dis-Approved Exceptions”). The Pre- Approved Exceptions and any other exceptions otherwise accepted by Buyer as provided herein are hereinafter referred to as the “Condition of Title.” Subject to the Seller’s covenant in Section 6.1(b) to neither cause nor voluntarily permit, any new lien, encumbrance or any other matter that changes the condition of title to the Property, if any exceptions other than the Pre- Approved Exceptions are reported by the Title Company, then any such new exception shall be Disapproved Exceptions unless the new exceptions (i) arise from the acts or omissions of Buyer, or (ii) are consented to or waived in writing by Buyer in its sole discretion. The Seller agrees that the “Required Dis-Approved Exceptions” set forth on Exhibit C are critical to the Project and agrees that if such Required Dis-Approved Exceptions are not removed by date that the Seller’s Conditions to Closing and Buyer’s Conditions to Closing are otherwise satisfied (or 509 02/02/16 - 6 - waived by Buyer), then the Buyer shall have the right, in its sole discretion, to terminate this Agreement and the Buyer shall right to full refund of the Buyer’s Second Deposit. 4.2 Environmental and Natural Hazards Disclosure. California Health & Safety Code section 25359.7 requires owners of non-residential real property who know, or have reasonable cause to believe, that any release of hazardous substances are located on or beneath the real property to provide written notice of same to the buyer of real property. Other applicable laws require Seller to provide certain disclosures regarding natural hazards affecting the Property. Seller warrants that as of the Date of Agreement, it has provided to Buyer all reports of potential hazardous substances located on or beneath the Property that Seller possesses. Seller further agrees to make all necessary disclosures required by law. 5. CLOSING, PAYMENT OF PURCHASE PRICE AND POST CLOSING OBLIGATIONS OF BUYER. 5.1 Closing. The closing (the “Closing” or “Close of Escrow”) will occur for the Property including Parcels A, B, C and D no later than the date set forth in Section 5.6(b), unless such date for Closing is extended by Force Majeure Delay or as provided on in Sections 5.6.1, 5.6.2 or 5.6.3 herein (“Closing Date”). In addition to the extensions of the Closing Date in Section 5.6.1, 5.6.2 and 5.6.3, the Closing Date shall be extended where a Party’s Conditions to Closing under Section 5.2 (Buyer) and 5.3 (Seller) have not been satisfied as a result of a Force Majeure Event. 5.2 Buyer’s Conditions to Closing. Buyer's obligation to purchase the Property is subject to the satisfaction of each and all of the following conditions precedent (“Buyer Conditions Precedent”) or Buyer's written waiver thereof (each in Buyer’s sole discretion) on or before the Closing Date: (a) Due Diligence. Buyer has approved the condition of the Property in Buyer’s sole and absolute discretion. Consistent with Section 3.6 above Buyer acknowledges the existence of Underground Storage Tanks on Parcels A and D and lead on Parcels B and C, as evidenced in the Phase I Environmental Site Assessment, Airport Boulevard Properties, South San Francisco, California dated January 2016 prepared by WEST Environmental Services and Technology (“Environmental Report”) prepared for Buyer and Buyer agrees that the existence of such conditions as described in the Environmental Report shall not be the sole grounds upon which Buyer denies approval of the condition of the Property under Section 3.4 above. Buyer will have forty-five (45) calendar days from Opening of Escrow (the “Due Diligence Period”) to complete physical inspections of the Property and due diligence related to the purchase of the Property. Seller shall provide to Buyer copies of all reasonably available and known documents relating to the ownership and operation of the Property, including but not limited to plans, permits and reports (environmental, structural, mechanical, engineering and land surveys) that Seller has in its possession not later than two (2) business days following the execution and delivery of this Agreement. All physical access to the Property must be coordinated with Seller’s representative and subject to Section 13.16. 510 02/02/16 - 7 - (b) No Default by Seller or City. Seller is not in default and has performed all obligations to be performed by Seller pursuant to this Agreement, and the City is not in default under the Development Agreement. (c) Representations and Warranties. Seller's representations and warranties herein are true and correct in all material respects as of the Closing Date. (d) Title Policy. The Title Company shall, upon payment of Title Company’s regularly scheduled premium, be irrevocably committed to issue an ALTA Extended Title Policy to Buyer upon recordation of the Grant Deed and effective as of the Closing Date, insuring title to Buyer in the full amount of the Purchase Price and subject only to the Pre- Approved Exceptions or the Condition of Title. (e) Absence of Proceedings. There shall be an absence of any condemnation, environmental or other pending governmental or any type of administrative or legal proceedings with respect to the Property or this Agreement which would materially and adversely affect Buyer’s intended uses of the Property or the value of the Property. (f) No Material Adverse Change. There shall not have occurred between the Date of Agreement and the Closing a material adverse change to the physical condition of the Property. (g) Financing Commitments. Buyer shall have financing commitments that are not materially different than Buyer’s financing term sheet as of the Date of this Agreement that is sufficient for the acquisition of the Property and construction of 260 residential rental units on Parcels A, Parcel D and Parcel D Prime for the Project and Buyer’s construction loan, if any, shall have closed or shall be ready to close concurrently with the Closing. (h) Project Approvals. The Project Approvals shall be final and non- appealable, and if any appeals, legal challenges, requests for rehearing, or referenda have been filed or instituted, such appeals, legal challenges, requests for rehearing, or referenda shall have been fully and finally resolved in a manner acceptable to Buyer in its sole and absolute discretion and such that no further appeals, legal challenges, requests for rehearing, or referenda are possible. (i) Permits. Subject to payment of the applicable fees, the City shall be ready and willing to issue the ministerial demolition, grading, foundation permit and building permit(s) necessary for the Buyer to meet its obligations in Section 5.6(b)(1) and Section 5.6(c)(i) and (c)(ii). (j) No Leases or Parties in Possession. Seller shall have demonstrated the ability to deliver fee title to the Property to Buyer free and clear of any tenants, lessees, licensees or any third party occupants or parties in possession. 511 02/02/16 - 8 - (k) Remediation Plan Approval. Buyer shall, in the Buyer’s reasonable business judgment, have obtained regulatory approval of the necessary environmental work for the Property (including but not limited to the California Land Reuse and Revitalization Act) to be suitable for unrestricted residential use consistent with the uses proposed in the Project Approvals and that such regulatory approval would not cause or result in a material adverse delay in the time to commence or construct the Project, a substantial increase (defined as an increase of $100,000) in the costs assumptions for the Project in the pro forma previously provided by Buyer related to environmental conditions as of the Date of Agreement, or a material adverse impact to the Project or the use of the Project. (l) Compliance with Dissolution Law. Seller shall have complied with all requirements and obtained any and all approvals required under the Dissolution Law with respect to Closing. (m) Execution and Delivery of Documents by Seller. Seller shall have executed and acknowledged the Grant Deed and Memorandum of Agreement, and Seller shall have executed (and, where appropriate, acknowledged) and delivered into escrow all other documents that Seller is required to deliver into escrow pursuant to Section 5.5(a). 5.3 Seller’s Conditions to Closing. Seller's obligation to sell the Property is subject to the satisfaction of each and all of the following conditions precedent (“Seller Conditions Precedent”) or Seller's written waiver thereof (each in Seller’s sole discretion) on or before the Closing Date: (a) No Default by Buyer or City. Seller is not in default and has performed all obligations to be performed by Seller pursuant to this Agreement, and neither the Buyer or City is in default under the Development Agreement. (b) Development Agreement. The City Council approves a Development Agreement with the Buyer in a form substantially similar to the Development Agreement attached hereto as Exhibit D, and such Development Agreement is executed and will be recorded concurrently with the Close of Escrow as provided in Section 5.5. (c) Representations and Warranties. Buyer's representations and warranties set forth herein are true and correct in all material respects as of the Closing Date. (d) Buyer’s Financing Commitments. Buyer has provided Seller written confirmation, acceptable to Seller, which approval shall not be unreasonably withheld, that Buyer has obtained financing commitments for the acquisition and construction financing for the acquisition of the Property and the construction of 260 residential rental units on Parcel A, Parcel D and Parcel D Prime. (e) Permits. The Buyer shall have submitted applications to the City pursuant to Section 5.6(a), and subject to payment of the applicable fees, the City shall be ready 512 02/02/16 - 9 - and willing to issue the ministerial demolition, grading and foundation permit(s) necessary for the Buyer to Commence of Construction as defined in Section 5.6(c)(i) and (ii). (f) Compliance with Dissolution Law. Seller shall have complied with all requirements and obtained any and all approvals required under the Dissolution Law with respect to Closing. (g) Execution and Delivery of Documents by Buyer. Buyer shall have executed and acknowledged the Grant Deed and Memorandum of Agreement, and Buyer shall have executed (and, where appropriate, acknowledged) and delivered into escrow all other documents that Buyer is required to deliver into escrow pursuant to Section 5.5(b). (h) Delivery of Funds. Buyer shall have delivered through escrow the Purchase Price and such other funds, including escrow costs, recording fees and other closing costs as are necessary to comply with Buyer’s obligations under this Agreement. 5.4 Conveyance of Title. Seller will deliver marketable fee simple title to Buyer at the Closing, subject only to the Condition of Title pursuant to Section 4.1. The Property will be conveyed by Seller to Buyer in an “as is” condition, with no warranty, express or implied, by Seller as to the physical condition including, but not limited to, the soil, its geology, or the presence of known or unknown faults or Hazardous Materials or hazardous waste (as defined by Section 12); provided, however, that the foregoing shall not relieve Seller from disclosure of any such conditions of which Seller has actual knowledge or its obligation to cooperate with Buyer pursuant to Section 2.6. 5.5 Closing. 5.5.1 Delivery of Documents and Closing Funds. At or prior to Closing, Seller and Buyer shall each deposit such other instruments as are reasonably required by the Title Company or otherwise required to close the escrow and consummate the conveyance of the Property in accordance with the terms hereof, including but not limited to the following: (a) Deliveries by Seller. At or before Closing, Seller shall deposit the following into escrow: A. one (1) original executed and acknowledged Grant Deed substantially in the form attached hereto as Exhibit B (“Grant Deed”); B. one (1) original executed and acknowledged Memorandum of Agreement, substantially in the form attached hereto as Exhibit D (“Memorandum of Agreement”); C. one (1) duly executed non-foreign certification for the Property in accordance with the requirements of Section 1445 of the Internal Revenue Code of 1986, as amended; and D. one (1) duly executed California Form 593-W Certificate for the Property or comparable non-foreign person affidavit to satisfy the requirements of California Revenue and Taxation Code Section 18805(b) and 26131. 513 02/02/16 - 10 - (b) Deliveries by Buyer. At or prior to Closing, Buyer shall deposit the following into escrow: A. immediately available funds in the amount, which together with the Buyer’s Deposit plus interest thereon, if any, is equal to an amount necessary to consummate the Closing, including the Purchase Price, escrow and Title Policy costs set forth in Section 5.5.5; B. one (1) original executed and acknowledged Grant Deed; C. one (1) original executed and acknowledged Memorandum of Agreement; and D. one (1) original executed Preliminary Change of Ownership Report for the Property. E. one (1) fully executed Development Agreement in a form substantially similar to the Development Agreement attached hereto as Exhibit D. 5.5.2 Escrow Instructions. This Agreement constitutes the joint escrow instructions of Seller and Buyer with respect to the conveyance of the Property to Buyer, and the Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties shall use reasonable good faith efforts to close the escrow for the conveyance of the Property in the shortest possible time. Insurance policies for fire or casualty are not to be transferred, and each Party will cancel its own policies, if any, as of the Closing. All funds received in the escrow shall be deposited in interest-bearing accounts for the benefit of the depositing Party in any state or national bank doing business in the State of California. All disbursements shall be made by check or wire transfer from such accounts. If, in the opinion of either Party, it is necessary or convenient in order to accomplish the Closing, such Party may provide supplemental escrow instructions; provided that if there is any inconsistency between this Agreement and the supplemental escrow instructions, then the provisions of this Agreement shall control. The Closing shall take place as set forth in Section 5.5.4 below. Escrow Agent is instructed to release Seller’s and Buyer’s escrow closing statements to the respective parties. 5.5.3 Authority of Escrow Agent. Escrow Agent is authorized to, and shall: (a) Pay and charge Buyer for the premium of the Title Policy, including any endorsements requested by Buyer. (b) Pay and charge Buyer for escrow fees, charges, and costs as provided in Section 5.5.5. (c) Disburse to Seller the Purchase Price, less Seller’s share of any escrow fees, costs and expenses, and record the Grant Deed when both the Buyer Conditions Precedent and Seller Conditions Precedent have been fulfilled or waived in writing by Buyer and Seller, as applicable. Immediately following recordation of the Grant Deed, Escrow Agent shall record the Memorandum of Agreement, Development Agreement and all other recordable documents delivered into escrow for the Closing. (d) Do such other actions as necessary, including obtaining and issuing the Title Policy, to fulfill its obligations under this Agreement. 514 02/02/16 - 11 - (e) Direct Seller and Buyer to execute and deliver any instrument, affidavit, and statement, and to perform any act, reasonably necessary to comply with the provisions of FIRPTA, if applicable, and any similar state act and regulations promulgated thereunder. (f) Prepare and file with all appropriate governmental or taxing authorities uniform settlement statements, closing statements, tax withholding forms including IRS 1099-S forms, and be responsible for withholding taxes, if any such forms are provided for or required by law. 5.5.4 Closing. The escrow for conveyance of the Property shall close (“Close of Escrow”) within thirty (30) days after the satisfaction, or waiver by the appropriate Party, of all of the Buyer Conditions Precedent and all of the Seller Conditions Precedent. For purposes of this Agreement, the “Closing” shall mean the time and day the Grant Deed is recorded with the San Mateo County recorder. 5.5.5 Closing Costs. Buyer will pay all escrow fees (including the costs of preparing documents and instruments), and recording fees. Buyer will also pay title insurance, title report costs and all transfer taxes. Seller will pay all governmental conveyance fees, where applicable. 5.5.6 Pro-Rations. At the Close of Escrow, the Escrow Agent shall make the following prorations: (i) property taxes and assessments will be prorated as of the close of escrow based upon the most recent tax bill available, including any property taxes which may be assessed after the close of escrow but which pertain to the period prior to the transfer of title to the Property to Buyer, regardless of when or to whom notice thereof is delivered; and (ii) any bond or assessment (other than assessments allocable to the period of time prior to Close of Escrow) that constitutes a lien on the Property at the close of escrow will be assumed by Buyer. Seller does not pay ad valorem taxes. 5.6 Buyer’s Post Closing Obligations, Subject to Force Majeure Delay as set forth in Section 7.4 and the extensions provided in Sections 5.6.1, 5.6.2, and 5.6.3, as applicable, Buyer shall complete the following in the time set forth below. Deadline Buyer Post-Closing Obligation Prior to June 30, 2016 5.6 (a) Buyer shall prepare and submit complete construction documents including building permit submittal documents which satisfy all submission requirements for 260 multi-family residential rental units approved as in the Project Approvals. Seller’s exclusive remedies for a Buyer Default for this Section 5.6(a) are (1) termination of the Agreement under Section 7.3 and (2) liquidated damages under Section 7.2.2. Prior to December 31, 2016 5.6 (b) Buyer shall: (i) Obtain demolition and foundation permits for Parcels A, B and D 515 02/02/16 - 12 - Deadline Buyer Post-Closing Obligation and D Prime, as applicable consistent with the Project Approvals. (ii) Close escrow on Parcels A, B, C and D pursuant to Section 5.1. (iii) Buyer to either (A) prepare and submit to the City Manager Buyer’s land assembly and proposed development options for Buyer’s potential acquisition of some or all properties on the north side of Miller Avenue between Parcels B and C (“Land Assembly Option”), or (B) submit written notice of intent not to proceed with the Land Assembly Option. Seller’s exclusive remedies for a Buyer Default for Section 5.6(b)(i) and (ii) are (1) termination of the Agreement under Section 7.3 and (2) liquidated damages under Section 7.2.2. Buyer shall not be in Default under Section 5.6(b)(iii), but Seller shall withhold conveyance of Parcel C from Closing if Buyer either does not submit a timely written notice to proceed with the Land Assembly Option or if Buyer submits a notice of intent not to proceed with the Land Assembly Option. If Parcel C is not conveyed to Seller, Buyer shall also assign all of its rights in the land use entitlements, the development, engineering, construction and building plans (“Parcel C Plans”) to the Seller, or Seller’s designee, and shall deliver a complete set of the Parcel C Plans to the Seller, or designated recipient within South San Francisco. Prior to March 31, 2017 5.6(c) The Buyer shall: (i) Commence and complete demolition of existing structures on the Parcel A, Parcel D and Parcel D Prime. The existing parking lot on Parcel B is intended to be used for construction staging so will not be subject to demolition and commencement of construction of the replacement parking lot until near completion of construction on Parcel A, Parcel D and Parcel D Prime. (ii) Commence Construction of 260 multi-family residential rental units approved as part of City issued permits consistent with the Project Approvals on Parcels A, B and D and Parcel D Prime. “Commence Construction” shall be deemed to have occurred when Buyer has obtained grading and foundation permits and has commenced work on the grading and foundations for Parcels A and D. (iii) If Buyer has submitted a notice to proceed with the Land 516 02/02/16 - 13 - Deadline Buyer Post-Closing Obligation Assembly Option then either (i) file complete application, pursuant to City of South San Francisco land use application requirements, for revised land use entitlements for Parcel C including adjacent land provided that Buyer has acquired or has an enforceable option to acquire all properties adjacent to the north side of Miller Avenue that are located between Parcels B and C (“Revised Parcel C Entitlements Application”), or (ii) submit written notice of intent not to proceed with the Revised Parcel C Entitlements Application. The Revised Parcel C Entitlements Application shall be subject to any applicable CEQA requirements and all applicable City land use entitlement processes. Seller’s exclusive remedies for a Buyer Default for Section 5.6(c)(i) and (ii) is specific performance under this Agreement. Buyer shall not be in Default under Section 5.6(c)(iii), but Seller has the right to cause the Buyer to re-convey of Parcel C if Buyer either does not submit a timely written notice to proceed with the Revised Parcel C Entitlements Application or if Buyer submits a notice of intent not to proceed with the Revised Parcel C Entitlements Application. If Parcel C is re-conveyed to Seller, Buyer shall also assign all of its rights in the Parcel C Plans to the Seller, or Seller’s designee, and shall deliver a complete set of the Parcel C Plans to the Seller, or designated recipient within South San Francisco. In the event Buyer submits a notice of intent not to proceed, Seller and Buyer agree to take all actions necessary to re-convey Parcel C to the Seller and Seller shall accept re-conveyance of Parcel C and the Parcel C Plans. Prior to March 31, 2018 5.6 (d) (i) If Buyer has submitted a notice to proceed with the Land Assembly Option and a notice to proceed with the Revised Parcel C Entitlements Application, then the Buyer shall either (A) provide written confirmation to the Seller that Buyer has acquired or has an enforceable option to acquire, on terms that are acceptable to Buyer in in sole discretion the property subject to the Land Assembly Option (the written confirmation shall include either a copy of the purchase or option agreement or written confirmation from the sellers of the properties that Buyer has an enforceable option to acquire the properties), or (B) provide written notice of intent to abandon its Land Assembly Option. (ii) If the Buyer has not delivered a notice of intent to abandon its 517 02/02/16 - 14 - Deadline Buyer Post-Closing Obligation Land Assembly Option, then Buyer shall diligently pursue and take all actions necessary for the City to conduct all required public hearings and consider the Revised Parcel C Entitlements. Buyer shall not be in Default under Section 5.6(d)(i) and (i), but Seller has the right to cause the Buyer to re-convey of Parcel C if Buyer either does proceed as provided under Section 5.6(d)(i) or (ii). If Parcel C is re-conveyed to Seller, Buyer shall also assign all of its rights in the Parcel C Plans to the Seller, or Seller’s designee, and shall deliver a complete set of the Parcel C Plans to the Seller, or designated recipient within South San Francisco. In the event Buyer submits a notice of intent not to proceed, Seller and Buyer agree to take all actions necessary to re-convey Parcel C to the Seller and Seller shall accept re-conveyance of Parcel C and the Parcel C Plans. Prior to March 31, 2019 5.6 (e) The Buyer shall: (i) Substantially Complete development of the 260 multi-family residential rental properties on Parcel A, Parcel D and Parcel D Prime. As used herein “Substantially Complete” or “Substantial Completion” shall be deemed to have occurred when (i) Buyer has provided written evidence to the City Manager that eighty five (85) percent of the contract price for the construction of the 260 multi- family residential rental units (including all change orders and all amounts due and payable to the contractor under the construction contract for work performed but being held as retention by Buyer under the terms of the construction contract) has been expended, (ii) all exterior building improvements and all interior building improvements are complete with the exception of finish work defined as flooring, counters, countertops, appliances, finish mechanical, electrical, plumbing, and carpentry, paint, landscaping, and interior of elevators, and (iii) the City Manager determines, in his or her reasonable discretion that the life safety systems, including but not limited to all required sprinkler systems, within the applicable portion have been installed and are fully functional. (ii) open a leasing center for the 260 multi-family residential rental units on the Property or within the Downtown Station Area Specific Plan Area. (iii) Complete construction and obtain a certificate of occupancy for the parking lot improvements required for Parcel B, provided that if Buyer has obtained Revised Parcel C Entitlements and those land use entitlements modify development on Parcel B, then Buyer shall 518 02/02/16 - 15 - Deadline Buyer Post-Closing Obligation develop Parcel B pursuant to the Revised Parcel C Entitlements. (iv) Commence construction of development of twelve townhomes approved consistent with the Project Approvals, or if Revised Parcel C Entitlements have been approved by the City then Commence Construction of the project approved as part of the Revised Parcel C Entitlements. “Commence Construction” shall be deemed to have occurred when Buyer has obtained grading and foundation permits and has commenced work on the grading and foundations. (v) If Buyer has not commenced construction as required in subsection (iv) above, and if Buyer has obtained Revised Parcel C Entitlements and has provided written confirmation that Buyer has acquired or has an enforceable option to acquire the property as set forth in Section 5.6(d)(i) above, Buyer upon payment of $100,000 to the Seller prior to the Commence Construction deadline may extend the deadline to Commence Construction on Parcel C for one year. Seller’s exclusive remedies for a Buyer Default for Section 5.6(e)(i), (ii) and (iii) is specific performance under this Agreement. Buyer shall not be in Default under Section 5.6(e)(v), but Seller has the right to cause the Buyer to re-convey Parcel C if Buyer either does not submit a timely written notice to proceed with the Revised Parcel C Entitlements Application or if Buyer submits a notice of intent not to proceed with the Revised Parcel C Entitlements Application. If Parcel C is re-conveyed to Seller, Buyer shall also assign all of its rights in the Parcel C Plans to the Seller, or Seller’s designee, and shall deliver a complete set of the Parcel C Plans to the Seller, or designated recipient within South San Francisco. In the event Buyer submits a notice of intent not to proceed, Seller and Buyer agree to take all actions necessary to re-convey Parcel C to the Seller and Seller shall accept re-conveyance of Parcel C and the Parcel C Plans. 5.6.1 Seller’s Extension: The deadlines set forth in Section 5.6, subsections (a) through (e) shall each be subject to a ninety (90) day extension, provided (1) that the Buyer submits a written request for an extension prior to the deadline which shall include the rationale for the request and summary of the actions Buyer has taken to satisfy the obligation prior to the deadline and (2) the extension request is approved by the Executive Director or South San Francisco City Manager, which such approval shall not be unreasonably withheld. 5.6.2 Buyer’s Extension. The deadlines set forth in Section 5.6 (a) be subject to a maximum of two extensions of 30 days (no more than 60 days for 5.6(a)) and a maximum of 519 02/02/16 - 16 - four extensions of 30 days (no more than 120 days for 5.6(b) upon written notice to Seller and Buyer’s payment to Seller of $25,000 for each such 30-day extension. 5.6.3 City Review: This deadlines set forth in Section 5.6, subsections (b), (c) and (e)(iv) are each contingent upon the City reviewing and providing comments or approving the grading and building plans submitted by Buyer within twenty one (21) days of submission of complete grading or building plans. This 21 day period shall commence anew each time that Buyer submits revised plans in response to City comments on the prior version of the grading or building plans. Buyer shall be solely responsible for submitting complete grading or building plans that satisfy all code and City requirements. Buyer shall be responsible for payment of all required City building permit fees including costs for City to retain contract plan check services. In the event that City review exceeds 21 days, the deadline set forth herein shall be extended one day for each day the City review exceeds 21 days. 5.6.4 Community Enhancements Payments. In the event that Buyer fails to pay the City when due any portion of the Community Enhancements Payment as set forth in Section 2.4 of Exhibit E to the DA between Buyer and City, Buyer shall, upon written notice from Seller and upon completion of a thirty (30) day cure period, pay Seller the amount payable under Section 2.4 of the DA not previously paid by the Buyer. 6. REPRESENTATIONS, WARRANTIES AND COVENANTS. 6.1 Seller’s Representations, Warranties and Covenants. In addition to the representations, warranties and covenants of Seller contained in other sections of this Agreement, Seller hereby represents, warrants and covenants to Buyer that the statements below in this Section 6.1 are each true and correct as of the Closing Date provided however, if to Seller’s actual knowledge any such statement becomes untrue prior to Closing, Seller will notify Buyer in writing and Buyer will have three (3) business days thereafter to determine if Buyer wishes to proceed with Closing. If Buyer determines it does not wish to proceed, then the terms of Section 7.2 will apply. (a) Authority. Seller is a public agency, lawfully formed, in existence and in good standing under the laws of the State of California. Seller has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by Seller, and upon delivery to and execution by Buyer is a valid and binding agreement of Seller. (b) Encumbrances. Other than the Mural License Agreement related to the mural “Transporting Oneself” located at 415 Airport Boulevard and the exceptions set forth in the Preliminary Title Report, Seller has not alienated, encumbered, transferred, mortgaged, assigned, pledged, or otherwise conveyed its interest in the Property or any portion thereof, nor entered into any agreement to do so, and there are no liens, encumbrances, mortgages, covenants, conditions, reservations, restrictions, easements or other matters affecting the Property, except as disclosed in the Preliminary Report. Seller shall not, directly or indirectly, alienate, encumber, transfer, mortgage, assign, pledge, or otherwise convey its interest 520 02/02/16 - 17 - prior to the Close of Escrow, as long as this Agreement is in force. Seller shall cooperate with Buyer, at no out of pocket cost to the Seller, to comply with the requirements of the Project Approvals Planning Condition of Approval No. 9 that the Parties acknowledge is required to be satisfied prior to the issuance of a demolition or building permit for the Project. (c) No Right of Possession. Other than the Mural License Agreement related to the mural “Transporting Oneself” located at 415 Airport Boulevard, there are no agreements, including any leases, licenses and occupancy agreements, affecting the Property. There are no agreements which will be binding on the Buyer or the Property after the Close of Escrow. Other than the utility easements set forth on the Preliminary Title Report, no person or entity other than Seller has the right to use, occupy, or possess the Property or any portion thereof. Seller will not enter into any lease or other agreement affecting the Property or any portion thereof without the written consent of Buyer. (d) No Conflict. Seller’s execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Seller is a party or by which Seller is bound. (e) No Litigation or Other Proceeding. To Seller’s current actual knowledge, no litigation or other proceeding (whether administrative or otherwise) is outstanding or has been threatened which would prevent, hinder or delay the ability of Seller to perform its obligations under this Agreement, or that would adversely affect the Property. (f) No Seller Bankruptcy. Seller is not the subject of any bankruptcy proceeding, and no general assignment or general arrangement for the benefit of creditors or the appointment of a trustee or receiver to take possession of all or substantially all of Seller’s assets has been made. (g) Condition of Property. Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or any alleged violation of any Environmental Laws. Except as otherwise disclosed by City and provided in Section 3.6, to Seller’s actual current knowledge, the Property is in compliance with all Environmental Laws. The Seller will not make or allow any material adverse change to the condition of the Property. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Seller contained in this Agreement are conditions precedent to Buyer’s obligation to proceed with the Closing hereunder. The foregoing representations and warranties shall not be deemed merged into the deed upon closing and shall survive the Close of Escrow until the satisfaction of the Buyer’s Post-Closing Obligations under Section 5.6 and shall survive any earlier expiration or termination of this Agreement for a period of twelve (12) months. 6.2 Buyer’s Representations and Warranties. In addition to the representations, warranties and covenants of Buyer contained in other sections of this Agreement, Buyer hereby represents, warrants and covenants to Seller that the statements below 521 02/02/16 - 18 - in this Section 6.2 are each true as of the Date of Agreement, and, if to Buyer’s actual knowledge any such statement becomes untrue prior to Closing, Buyer shall so notify Seller in writing and Seller shall have at least three (3) business days thereafter to determine if Seller wishes to proceed with Closing. If Seller determines it does not wish to proceed, then the terms of Section 7.2 will apply. (a) Authority. Buyer is a limited liability company. Buyer has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by Buyer, and upon delivery to and execution by Seller shall be a valid and binding agreement of Buyer. (b) No Bankruptcy. Buyer is not bankrupt or insolvent under any applicable federal or state standard, has not filed for protection or relief under any applicable bankruptcy or creditor protection statute, and has not been threatened by creditors with an involuntary application of any applicable bankruptcy or creditor protection statute. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Buyer contained in this Agreement are conditions precedent to Seller’s obligation to proceed with the Closing hereunder. The foregoing representations and warranties shall survive the Closing and continue until issuance of a satisfaction of the Buyer’s Post-Closing Obligations under Section 5.6. 7. DEFAULT, REMEDIES, TERMINATION. 7.1 Default Remedies - General. Failure by either Party to perform any action or covenant required by this Agreement within sixty (60) days following receipt of written Notice from the other Party specifying the failure shall constitute a “Default” under this Agreement; provided, however, that if the failure to perform cannot be reasonably cured within such sixty (60) day period, a Party shall be allowed additional time as is reasonably necessary to cure the failure so long as such Party commences to cure the failure within the sixty (6 0) day period and thereafter diligently prosecutes the cure to completion. Subject to the limitations of Section 7.2 below, any default by the Buyer under the Development Agreement which is not cured following notice and expiration of any applicable cure periods thereunder shall also constitute a Default under this Agreement, and upon occurrence of such Default and without any right to further notice or additional cure period, the Seller shall have all remedies available to it under this Agreement, including the right to terminate this Agreement as set forth in Section 7.3 below. 7.2 Legal Actions. 7.2.1 Institution of Legal Actions and Remedies. Upon the occurrence of a Default under this Agreement, the non-defaulting Party shall have the right to institute any action at law or in equity to cure, correct, prevent or remedy such Default, subject to the express limitations on remedies provided in this Section 7.2.1. Neither Party shall have the right to recover any punitive, consequential, or special damages. Such legal actions must be instituted in 522 02/02/16 - 19 - the Superior Court of the County of San Mateo, State of California, or in the Federal District Court for the Northern District of the State of California. 7.2.1.1 Default by Buyer; Seller’s Remedies. The Seller’s remedies shall be expressly limited as follows: a. Pre-Closing. Upon the occurrence of a Default by Buyer that occurs before Closing under Section 5.2, Section 5.5, Section 5.6(a), 5.6 (b)(1) and (b)(ii), and Section 6.2, the Seller’s remedies shall be limited to (i) liquidated damages pursuant to Section 7.2.2 and (ii) termination of this Agreement pursuant to Section 7.3. b. Post-Closing. Upon the occurrence of a Default by Buyer that occurs after Closing under Section 5.6 (b), 5.6(c), 5.6(d) and 5.6(e), the Seller’s remedies shall be limited to the remedies expressly provided with respect to each obligation set forth in Sections under each of Section 5.6 (b), 5.6(c), 5.6(d) and 5.6(e), as applicable. 7.2.1.2 Default by Seller; Buyer’s Remedies. Upon the occurrence of a Default by Seller under this Agreement, Buyer’s remedies shall be limited to obtaining specific performance or injunctive relief, or terminating this Agreement. 7.2.2 Liquidated Damages. SUBJECT TO NOTICE AND EXPIRATION OF APPLICABLE CURE PERIODS AND ANY PERMITTED EXTENSIONS OF TIME AS PROVIDED IN THIS AGREEMENT, IF IN THE EVENT OF A BUYER DEFAULT AS SET FORTH IN 7.2.1.1, THE SELLER WILL SUFFER DAMAGES AND THAT IT IS IMPRACTICABLE AND INFEASIBLE TO FIX THE ACTUAL AMOUNT OF SUCH DAMAGES. THEREFORE, CONSIDERING ALL THE CIRCUMSTANCES EXISTING ON THE DATE OF THIS AGREEMENT, IN THE EVENT OF A CLOSING DEFAULT, BUYER, WITHIN THIRTY (30) DAYS FOLLOWING SELLER’S WRITTEN DEMAND THEREFOR, SHALL TURN OVER ALL REPORTS AND PLANS IN THE BUYER’S ACTUAL OR CONSTRUCTIVE POSSESSION THAT HAVE BEEN PREPARED BY AND FOR BUYER RELATED TO THE PROJECT AND THE PROPERTY (WITH THE EXCEPTION OF BUYER’S INTELLECTUAL PROPERTY, CONFIDENTIAL FINANCIAL INFORMATION, AND ANY INFORMATION SUBJECT TO LEGAL PRIVILEGE) (THE “MATERIALS.”) THE BUYER’S INITIAL DEPOSIT, AND WHERE APPLICABLE UNDER THIS AGREEMENT, BUYER’S SECOND DEPOSIT, AND MATERIALS SHALL SERVE AS LIQUIDATED DAMAGES TO THE SELLER FOR A DEFAULT SPECIFIED IN SECTION 7.2.1.1(a). THE VALUE OF THE BUYER’S INITIAL DEPOSIT, AND WHERE APPLICABLE BUYER’S SECOND DEPOSIT, AND MATERIALS CONSTITUTES A REASONABLE ESTIMATE OF THE DAMAGES THAT THE SELLER WOULD INCUR IN THE EVENT OF A CLOSING DEFAULT. RETENTION OF THE BUYER’S INITIAL DEPOSIT, AND WHERE APPLICABLE BUYER’S SECOND DEPOSIT, AND MATERIALS SHALL BE THE SELLER’S SOLE AND EXCLUSIVE REMEDY AGAINST BUYER IN THE EVENT OF A DEFAULT A DEFAULT SPECIFIED IN SECTION 7.2.1.1(a), AND THE SELLER WAIVES ANY AND ALL RIGHT TO SEEK OTHER RIGHTS OR REMEDIES AGAINST BUYER, INCLUDING WITHOUT LIMITATION, SPECIFIC PERFORMANCE. 523 02/02/16 - 20 - THE LIQUIDATED DAMAGES PROVIDED FOR HEREIN IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF SECTIONS 3275 OR 3369 OF THE CALIFORNIA CIVIL CODE, BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO THE SELLER PURSUANT TO SECTIONS 1671, 1676 AND 1677 OF THE CALIFORNIA CIVIL CODE. SELLER WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 3389. BY PLACING ITS INITIALS BELOW, BUYER AND SELLER SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS MADE ABOVE, THE REASONABLENESS OF THE AMOUNT OF LIQUIDATED DAMAGES AGREED UPON, AND THE FACT THAT EACH PARTY WAS REPRESENTED BY COUNSEL WHO EXPLAINED, AT THE TIME THIS AGREEMENT WAS MADE, THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION. INITIALS: _________ ______________ SELLER BUYER 7.2.3 Acceptance of Service of Process. In the event that any legal action is commenced by Buyer against Seller, service of process on Seller shall be made by personal service upon the Executive Director at the address provided in Section 13.8 or in such other manner as may be provided by law. In the event that any legal action is commenced by Seller against Buyer, service of process on Buyer shall be made by personal service upon W-K Ventures, Inc., a California corporation, Buyer’s registered agent for service of process in California, at 901 Mariner’s Island Boulevard, 7th Floor, San Mateo, CA 94404 or in such other manner as may be provided by law. 7.3 Termination. In addition to termination upon satisfaction of all material terms of this Agreement, this Agreement may be terminated by the Party for whom a condition is intended to benefit: (i) if there is an uncured Default, after Notice from the Party not in default and expiration of all cure periods, (ii) if there is a failure of an express Buyer Condition Precedent or Seller Condition Precedent (which is not waived by the Party whom the condition benefits) by timely Notice from the Party whom the condition benefits, (iii) a representation or warranty of a Party becomes untrue prior to Closing under Section 6.1 or 6.2 (which is not waived by the Party whom the condition benefits), (iv) upon mutual written consent of the Parties, each in its sole discretion. Upon termination, the Parties will also cooperate to record a notice of termination. 7.4 Force Majeure Delay. All obligations in this Agreement shall not be deemed to be in default, all performance and other dates specified in those sections shall be extended, where delays are due to: war; insurrection; strikes and labor disputes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; litigation and arbitration, including court delays; legal challenges to this Agreement, legal challenges to the Project Approvals, or legal challenges to any other approval required from any public agency other than the City for the Project, or any initiatives or referenda regarding the same; environmental conditions, pre-existing or discovered, delaying the construction or development of the Property or any portion thereof; unusually severe weather but only to the extent that such weather or its effects (including, without 524 02/02/16 - 21 - limitation, dry out time) result in delays that cumulatively exceed thirty (30) days for every winter season occurring after commencement of construction of the Project; acts or omissions of the other Party; or acts or failures to act of any public or governmental agency or entity (except that acts or failures to act of Seller shall not excuse performance by Seller); moratorium; any delay caused by compliance with the requirements of Project Approval Planning Condition of Approval 9 or the termination of the Mural License Agreement related to the mural “Transporting Oneself” located at 415 Airport Boulevard, so long as the Buyer is acting diligently and in good faith; or a Severe Economic Recession (each a “Force Majeure Delay”). An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if Notice by the Party claiming such extension is sent to the other Party within sixty (60) days of the commencement of the cause. If Notice is sent after such sixty (60) day period, then the extension shall commence to run no sooner than sixty (60) days prior to the giving of such Notice. Buyer’s inability or failure to obtain financing or otherwise timely satisfy shall not be deemed to be a cause outside the reasonable control of the Buyer and shall not be the basis for an excused delay unless such inability, failure or delay is a direct result of a Severe Economic Recession. “Severe Economic Recession” means a decline in the monetary value of all finished goods and services produced in the United States, as measured by initial quarterly estimates of US Gross Domestic Project (“GDP”) published by the US Department of Commerce Bureau of Economic Analysis (and not BEA’s subsequent monthly revisions), lasting more than four (4) consecutive calendar quarters. Any quarter of flat or positive GDP growth shall end the period of such Severe Economic Recession. 8. BROKERS. Seller represents that no real estate broker has been retained by Seller in the sale of the Property or the negotiation of this Agreement. With the exception of a broker agreement with Roger Stuhlmuller, Buyer represents that no real estate broker has been retained by Buyer in the procurement of the Property or negotiation of this Agreement. Buyer shall be solely responsible for payment of any broker fee to Roger Stuhlmuller. Buyer and Seller shall indemnify, hold harmless and defend the other Party from any and all claims, actions and liability for any breach of the preceding sentence, and any commission, finder’s fee, or similar charges arising out the other Party’s conduct. 9. ASSIGNMENT. Prior to satisfactory completion of the Buyer’s Post Closing Obligations under Section 5.6, neither Seller nor Buyer may assign its rights or delegate its duties under this Agreement, except for Buyer Permitted Transfers as defined below, without (i) the express written consent of the other Party, which consent may be will not be unreasonably withheld or delayed and (ii) an concurrent assignment of the Development Agreement in accordance with Section 8.1 of the Development Agreement. If Buyer proposes an assignment, Buyer will seek Seller's prior written consent to any transfer, which consent will not be unreasonably withheld or delayed. Seller may refuse to give consent only if, in light of the proposed transferee's reputation and financial resources, such transferee would not, in Seller's reasonable opinion, be able to perform the obligations proposed to be assumed by such transferee. Such determination will be made by the Executive Director of the Agency and will be appealable by Buyer to the Board of the Successor Agency. Notwithstanding any other 525 02/02/16 - 22 - provision of this Agreement to the contrary, each of following transfers are permitted and shall not require Seller consent under this Section 9 (each a “Buyer Permitted Transfer”): (a) Any transfer for financing purposes to secure the funds necessary for construction and/or permanent financing of the Project; (b) An assignment of this Agreement to an Affiliate of Buyer; (c) The sale of one or more of the completed residential units to an occupant thereof; (d) Transfers of common area to a homeowners or property owners association; or (e) Dedications and grants of easements and rights of way required in accordance with the Project Approvals. For the purposes of this Section 9, “Affiliate of Buyer” means an entity or person that is directly or indirectly controlling, controlled by, or under common control with Buyer. For the purposes of this definition, “control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity or a person, whether through the ownership of voting securities, by contract, or otherwise, and the terms “controlling” and “controlled” have the meanings correlative to the foregoing. No permitted assignment of any of the rights or obligations under this Agreement shall result in a novation or in any other way release the assignor from its obligations under this Agreement unless a release is provided in the form of assignment and assumption agreement approved by the reviewing Party. 10. ENVIRONMENTAL INDEMNITY. Effective upon Close of Escrow, and subject to Section 3.6, to the fullest extent allowed by law, Buyer agrees to unconditionally and fully indemnify, protect, defend (with counsel satisfactory to Buyer in Buyer’s sole discretion), and hold Seller and the City, and their respective elected and appointed officers, officials, employees, and agents, (“Seller Indemnified Parties”) harmless from and against any and all claims (including without limitation third party claims for personal injury, real or personal property damage, or damages to natural resources), actions, administrative proceedings (including without limitation both formal and informal proceedings), judgments, damages, punitive damages, penalties, fines, costs (including without limitation any and all costs relating to investigation, assessment, analysis or clean-up of the Property), liabilities (including without limitation sums paid in settlements of claims), interest, or losses, including reasonable attorneys’ and paralegals’ fees and expenses (including without limitation any such fees and expenses incurred in enforcing this Agreement or collecting any sums due hereunder), together with all other costs and expenses of any kind or nature (collectively, the “Claims”) that arise directly or indirectly from or in connection with the presence, suspected presence, release, or suspected release, of any Hazardous Materials in, on or under the Property or to the extent emanating from the Property, in or into the air, soil, soil gas, groundwater, or surface water at, on, about, around, above, under or within the Property, or any portion thereof that are existing as of the Close of Escrow or are caused to exist during the period of ownership of the Property by Buyer, except 526 02/02/16 - 23 - those Costs that arise solely as a result of actions by Seller, the City (including their consultants and contractors) or Seller Indemnified Parties. Upon receipt of any Claim, the Seller Indemnified Parties shall promptly notify and tender such Claim to the Buyer. Any failure to timely tender such Claim to Buyer to allow Buyer to defend such Claim shall be deemed a waiver of such Seller Indemnified Party’s rights under this Section 10. Buyer shall resolve such Claim in its sole and absolute discretion so long as the Seller Indemnified Party is not subject to any costs or liability. The indemnification provided pursuant to this Section shall specifically apply to and include claims or actions brought by or on behalf of employees of Buyer or any of its predecessors in interest and Buyer hereby expressly waives any immunity to which Buyer may otherwise be entitled under any industrial or worker’s compensation laws. The indemnification provided pursuant to this Section shall include, without limitation, all loss or damage sustained by the Seller due to any Hazardous Materials: (a) that are present or suspected by a governmental agency having jurisdiction to be present in the Property or in the air, soil, soil gas, groundwater, or surface water at, on, about, above, under, or within the Property (or any portion thereof) or to have emanated from the Property, or (b) to the extent emanating from the Property that migrate, flow, percolate, diffuse, or in any way move onto, into, or under the air, soil, soil gas, groundwater, or surface water at, on, about, around, above, under, or within the Property (or any portion thereof) after the date of this Agreement as a result of Seller’s activities on the Property prior to Close of Escrow. The obligations of this Section 10 shall not apply to Parcel C if Parcel C is re-conveyed to the City pursuant to Section 5.6(c), except to the extent that Hazardous Materials have been placed on Parcel C by Buyer or its agents, contractors or consultants. The provisions of this Section 10 shall survive the termination of this Agreement and the Close of Escrow. If Buyer purchases an environmental pollution legal liability policy for the Property, the policy shall include the City and Agency as additional insureds. 11. RELEASE BY BUYER. Effective upon the Close of Escrow, Buyer waives, releases, remises, acquits and forever discharges Seller and the City, and its officers, directors, board members, managers, employees and agents, and any other person acting on behalf of Seller from any and all claims, actions, causes of action, demands, rights, damages, costs, expenses and compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which Buyer now has or which may arise in the future on account of or in any way arising from or in connection with the physical condition of the Property or any law or regulation applicable thereto including, without limiting the generality of the foregoing, any federal, state or local law, ordinance or regulation pertaining to Hazardous Materials. This Section 11 shall not apply to the City for any portion of the Property that is, after Closing, dedicated for public use (e.g. public sidewalks) and is under the direct management and maintenance of the City. This Section 11 shall survive the termination of this Agreement and the Close of Escrow. BUYER ACKNOWLEDGES THAT BUYER IS FAMILIAR WIT H SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE 527 02/02/16 - 24 - RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. BY INITIALING BELOW, BUYER EXPRESSLY WAIVES THE BENEFITS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE WITH RESPECT TO THE FOREGOING RELEASE: Buyer’s initials: _____________ 12. HAZARDOUS MATERIALS; DEFINITIONS. 12.1 Hazardous Materials. As used in this Agreement, “Hazardous Materials” means any chemical, compound, material, mixture, or substance that is now or may in the future be defined or listed in, or otherwise classified pursuant to any Environmental Laws (defined below) as a “hazardous substance”, “hazardous material”, “hazardous waste”, “extremely hazardous waste”, infectious waste”, toxic substance”, toxic pollutant”, or any other formulation intended to define, list or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, or toxicity. The term “Hazardous Materials” shall also include asbestos or asbestos-containing materials, radon, chrome and/or chromium, polychlorinated biphenyls, petroleum, petroleum products or by-products, petroleum components, oil, mineral spirits, natural gas, natural gas liquids, liquefied natural gas, and synthetic gas usable as fuel, perchlorate, and methyl tert butyl ether, whether or not defined as a hazardous waste or hazardous substance in the Environmental Laws. 12.2 Environmental Laws. As used in this Agreement, “Environmental Laws” means any and all federal, state and local statutes, ordinances, orders, rules, regulations, guidance documents, judgments, governmental authorizations or directives, or any other requirements of governmental authorities, as may presently exist, or as may be amended or supplemented, or hereafter enacted, relating to the presence, release, generation, use, handling, treatment, storage, transportation or disposal of Hazardous Materials, or the protection of the environment or human, plant or animal health, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. § 9601), the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), the Oil Pollution Act (33 U.S.C. § 2701 et seq.), the Emergency Planning and Community Right-to-Know Act (42 U.S.C. § 11001 et seq.), the Porter-Cologne Water Quality Control Act (Cal. Water Code § 13000 et seq.), the Toxic Mold Protection Act (Cal. Health & Safety Code § 26100, et seq.), the Safe Drinking Water and Toxic Enforcement Act of 1986 (Cal. Health & Safety Code § 25249.5 et seq.), the Hazardous Waste Control Act (Cal. Health & Safety Code § 25100 et seq.), the Hazardous Materials Release Response Plans & Inventory Act (Cal. Health & Safety Code § 25500 et seq.), and the Carpenter-Presley-Tanner Hazardous Substances Account Act (Cal. Health and Safety Code, Section 25300 et seq.). 528 02/02/16 - 25 - 13. MISCELLANEOUS. 13.1 Attorneys’ Fees. If any Party employs counsel to enforce or interpret this Agreement, including the commencement of any legal proceeding whatsoever (including insolvency, bankruptcy, arbitration, mediation, declaratory relief or other litigation), the prevailing Party shall be entitled to recover its reasonable attorneys’ fees and court costs (including the service of process, filing fees, court and court reporter costs, investigative fees, expert witness fees, and the costs of any bonds, whether taxable or not) and shall include the right to recover such fees and costs incurred in any appeal or efforts to collect or otherwise enforce any judgment in its favor in addition to any other remedy it may obtain or be awarded. Any judgment or final order issued in any legal proceeding shall include reimbursement for all such attorneys’ fees and costs. In any legal proceeding, the “prevailing party” shall mean the Party determined by the court to most nearly prevail and not necessarily the Party in whose favor a judgment is rendered. 13.2 Interpretation. This Agreement has been negotiated at arm’s length and each party has been represented by independent legal counsel in this transaction and this Agreement has been reviewed and revised by counsel to each of the Parties. Accordingly, each Party hereby waives any benefit under any rule of law (including Section 1654 of the California Civil Code) or legal decision that would require interpretation of any ambiguities in this Agreement against the drafting Party. 13.3 Survival. All indemnities, covenants, representations and warranties contained in Section 6.1, Section 6.2, Section 10, and Section 11 of this Agreement shall survive Close of Escrow as expressly provided in each such section. 13.4 Successors. Except as provided to the contrary in this Agreement, this Agreement shall be binding on and inure to the benefit of the Parties and their successors and assigns. 13.5 Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. 13.6 Integrated Agreement; Modifications. This Agreement contains all the agreements of the Parties concerning the subject hereof any cannot be amended or modified except by a written instrument executed and delivered by the parties. There are no representations, agreements, arrangements or understandings, either oral or written, between or among the parties hereto relating to the subject matter of this Agreement that are not fully expressed herein. In addition there are no representations, agreements, arrangements or understandings, either oral or written, between or among the Parties upon which any Party is relying upon in entering this Agreement that are not fully expressed herein. 13.7 Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, any 529 02/02/16 - 26 - such provision shall not be affected by the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this Section, then the stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision this is in keeping with the intent of the Parties as expressed herein. 13.8 Notices. Any delivery of this Agreement, notice, modification of this Agreement, collateral or additional agreement, demand, disclosure, request, consent, approval, waiver, declaration or other communication that either Party desires or is required to give to the other Party or any other person shall be in writing. Any such communication may be served personally, or by nationally recognized overnight delivery service (i.e., Federal Express) which provides a receipt of delivery, or sent by prepaid, first class mail, return receipt requested to the Party’s address as set forth below: To Buyer: Sares-Regis Group of Northern California 901 Mariner's Island Boulevard, 7th Floor San Mateo, CA 94404 Attention: Ken Busch and Mark Kroll Telephone: (650) 377-5805 Email: kbusch@srgnc.com with a copy to: Holland & Knight LLP 50 California Street, Suite 2500 San Francisco, CA 94109 Attn: Tamsen Plume Telephone: (415) 743-6900 Fax: (415) 743-6910 Email: tamsen.plume@hklaw.com To Seller: South San Francisco Successor Agency 400 Grand Avenue South San Francisco, CA 94080 Attn: Executive Director Tel (650) 877-8501 Fax (650) 829-6609 Email: Mike.Futrell@ssf.net with a copy to: Meyers Nave 575 Market Street, Suite 2080 San Francisco, CA 94105 Attn: Jason Rosenberg Tel (415) 421-3711 Fax (415) 421-3767 530 02/02/16 - 27 - If to Escrow Holder: First American Title Insurance Company 1737 North First St., Suite 500 San Jose, CA 95112 Attn: Carol Herrera Tel: Tel: (408) 451-7829 Fax: (408) 451-7836 Email: CMHerrera@firstam.com Any such communication shall be deemed effective upon personal delivery or on the date of first refusal to accept delivery as reflected on the receipt of delivery or return receipt, as applicable. Any Party may change its address by notice to the other Party. Each Party shall make an ordinary, good faith effort to ensure that it will accept or receive notices that are given in accordance with this section and that any person to be given notice actually receives such notice. 13.9 Time. Time is of the essence to the performance of each and every obligation under this Agreement. 13.10 Days of Week. If any date for exercise of any right, giving of any notice, or performance of any provision of this Agreement falls on a Saturday, Sunday or holiday, the time for performance will be extended to 5:00 p.m. on the next business day. 13.11 Reasonable Consent and Approval. Except as otherwise provided in this Agreement, whenever a Party is required or permitted to give its consent or approval under this Agreement, such consent or approval shall not be unreasonably withheld or delayed. If a Party is required or permitted to give its consent or approval in its sole and absolute discretion or if such consent or approval may be unreasonably withheld, such consent or approval may be unreasonably withheld but shall not be unreasonably delayed. 13.12 Cooperation and Further Assurances. Each Party agrees to cooperate with the other in this transaction and, in that regard, shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to carry out the intent and purposes of this Agreement. 13.13 Waivers. Any waiver by any Party shall be in writing and shall not be construed as a continuing waiver. No waiver will be implied from any delay or failure to take action on account of any default by any Party. Consent by any Party to any act or omission by another Party shall not be construed to be consent to any other subsequent act or omission or to waive the requirement for consent to be obtained in any future or other instance. 13.14 Signatures/Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any one of such completely executed counterparts shall be sufficient proof of this Agreement. 531 02/02/16 - 28 - 13.15 Date and Delivery of Agreement. Notwithstanding anything to the contrary contained in this Agreement, the parties intend that this Agreement shall be deemed effective, and delivered for all purposes under this Agreement, and for the calculation of any statutory time periods based on the date an agreement between parties is effective, executed, or delivered, as of the Effective Date. 13.16 Representation on Authority of Parties. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such Party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. 13.16 Access to Property. Prior to the Closing, Seller shall cooperate to enable representatives of Buyer to obtain the right of access to all portions of the Property for the purposes of implementing this Agreement. Buyer agrees to provide written Notice to Seller at least twenty four (24) hours prior to undertaking any studies or work upon the Property. Buyer shall indemnify, defend, protect and hold Seller and Seller Parties harmless from any Claims arising out of the acts, omissions, negligence or willful misconduct of Buyer or its employees, agents, contractors, subcontractors or representatives (each a “Buyer Party” and, collectively, the “Buyer Parties”) in connection with such studies and investigations, except for Claims arising from or related to any pre-existing condition on or of the Property or Claims to the extent caused by the active negligence or willful misconduct of Seller or its employees, agents, contractors or representatives. In addition, in the event Buyer or any Buyer Party causes any damage to any portion of the Property, Buyer shall promptly restore the Property as nearly as possible to the physical condition existing immediately prior to Buyer’s entry onto the Property. 13.17 Memorandum of Agreement. A Memorandum of Agreement in substantially the form of Exhibit E attached hereto and incorporated herein by this reference shall be executed and recorded against the Property immediately following recordation of the Grant Deed. 13.18 Relationship Between Seller and Buyer. It is hereby acknowledged that the relationship between Seller and Buyer is not that of a partnership or joint venture and that Seller and Buyer shall not be deemed or construed for any purpose to be the agent of the other. Accordingly, except as expressly provided herein or in the exhibits hereto, Seller shall have no rights, powers, duties or obligations with respect to the development, operation, maintenance or management of the Project. 13.19 Seller Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by Seller, the Executive Officer of the Agency or his or her designee is authorized to act on behalf of Seller. 13.20 Estoppel Certificates. A Party may, at any time during the term of this Agreement, and from time to time, deliver written notice to another Party requesting such 532 02/02/16 - 29 - Party to certify in writing that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if amended; identifying the amendments, (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults, and (iv) any other information reasonably requested. The requesting Party shall be responsible for all reasonable costs incurred by the Party from which such certification is requested and shall reimburse such costs within thirty (30) days of receiving the certifying Party’s request for reimbursement. The Party receiving a request hereunder shall execute and return such certificate or give a written, detailed response explaining why it will not do so within twenty (20) days following the receipt thereof. The failure of either Party to provide the requested certificate within such twenty (20) day period shall constitute a confirmation that this Agreement is in full force and effect and no modification or default exists. Seller acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 13.21 Mortgagee Protection. After Close of Escrow, no violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument; provided, however, that any successor of Buyer to the Property shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions, of this Agreement whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. 13.22 Effective Date. This Agreement shall be deemed effective upon the last to occur of all of the following: (i) this Agreement is signed by the Parties, and (ii) the Project Approvals shall have been approved by the City and shall be effective, (iii) the applicable statute of limitations period under CEQA for all of the Project Approvals shall have concluded with no challenge having been filed or, if any legal challenges is filed or instituted, legal challenge shall have been fully and finally resolved in a manner acceptable to the Parties, each in its reasonable discretion, and such that no further legal challenge under CEQA is possible. SIGNATURES ON FOLLOWING PAGES 533 02/02/16 - 30 - IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. SELLER: SOUTH SAN FRANCISCO SUCCESSOR AGENCY By: _______________________________ Mike Futrell Executive Director ATTEST: By: _______________________________ Agency Clerk APPROVED AS TO FORM: By: _______________________________ Jason Rosenberg Agency Counsel 534 02/02/16 - 31 - BUYER: MILLER CYPRESS SSF, LLC a Delaware limited liability company By: SRGNC Miller Cypress SSF, LLC, a Delaware limited liability company, By: SRGNC MF, LLC, a Delaware limited liability company, By: _______________________________ Name: Mark R. Kroll Title: President APPROVED AS TO FORM: By: _______________________________ Tamsen Plume, Holland & Knight Counsel for Buyer 535 02/02/16 - 32 - LIST OF EXHIBITS Exhibit A Legal Description Exhibit B Form of Grant Deed Exhibit C Pre-Approved Exceptions Exhibit D Form of Development Agreement Exhibit E Form of Memorandum of Agreement 536 02/02/16 - 33 - Exhibit A LEGAL DESCRIPTION 537 02/02/16 - 34 - Exhibit B FORM OF GRANT DEED Recording Requested by and when Recorded, return to: EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§6103, 27383 (SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE) GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, South San Francisco Successor Agency, a public agency, (the “Grantor”) hereby grants to Miller Cypress SSF, LLC, (the “Grantee”) all that real property located in the City of South San Francisco, County of San Mateo, State of California at __________________, designated as San Mateo County Assessor’s Parcel Nos._________ and more particularly described in Exhibit A attached hereto and incorporated in this grant deed (“Grant Deed”) by this reference. 1. Development Agreement. The Property is conveyed subject to the LRPMP and that certain Development Agreement dated as of ________________, entered into by and between Grantee and the City of South San Francisco, a public body, corporate and politic, acting to carry out the LRPMP (the “Development Agreement”). 2. Use Restrictions. The Grantee hereby covenants and agrees, for itself and its successors and assigns, that the Property shall be used and developed solely for purposes consistent with the requirements of the City of South San Francisco General Plan, as it presently exists or may be amended. 3. Nondiscrimination. Grantee shall not restrict the rental, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any portion thereof, on the basis of race, color, religion, creed, sex, sexual orientation, disability, marital status, ancestry, or national origin of any person. Grantee covenants for itself and all persons claiming under or through it, and this Grant Deed is made and accepted upon and subject to the condition that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or part thereof, nor shall Grantee or any person claiming under or through Grantee establish or permit any such practice or practices 538 02/02/16 - 35 - of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub lessees or vendees in, of, or for the Property or part thereof. All deeds, leases or contracts made or entered into by Grantee, its successors or assigns, as to any portion of the Property or the Improvements shall contain the following language: (a) In Deeds, the following language shall appear: “(1) Grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through it, that there shall be no discrimination against or segregation of a person or of a group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property herein conveyed nor shall the grantee or any person claiming under or through the grantee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub lessees or vendees in the property herein conveyed. The foregoing covenant shall run with the land. “(2) Notwithstanding paragraph (1), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11 and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (1).” (b) In Leases, the following language shall appear: “(1) The lessee herein covenants by and for the lessee and lessee’s heirs, personal representatives and assigns, and all persons claiming under the lessee or through the lessee, that this lease is made subject to the condition that there shall be no discrimination against or segregation of any person or of a group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry or disability in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the property herein leased nor shall the lessee or any person claiming under or through the lessee establish or permit any such practice or practices of discrimination of segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sub lessees, subtenants, or vendees in the property herein leased. “(2) Notwithstanding paragraph (1), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to 539 02/02/16 - 36 - affect Sections 51.2, 51.3, 51.4, 51.10, 51.11 and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (1).” (c) In Contracts, the following language shall appear: “There shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property nor shall the transferee or any person claiming under or through the transferee establish or permit any such practice or practices of discrimination or segregation with reference to selection, location, number, use or occupancy of tenants, lessee, subtenants, sub lessees or vendees of the land.” 4. Term of Restrictions. The covenants contained in Section 1 and Section 2 regarding use of the Property shall remain in effect until the date which is the expiration date of the Development Agreement. The covenants against discrimination contained in Sections 3 shall remain in effect in perpetuity. 5. Mortgagee Protection. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Grant Deed shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument permitted by the Development Agreement; provided, however, that any successor of Grantee to the Property shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. 6. Binding On Successors. The covenants contained in Sections 2 and 3 of this Grant Deed, without regard to technical or legal classification or designation specified in this Grant Deed or otherwise, shall to the fullest extent permitted by law and equity, be binding upon Grantee and any successor in interest to the Property or any part thereof, for the benefit of Grantor, and its successors and assigns, for such period of time of applicable ownership, and such covenants shall run in favor of and be enforceable by the Grantor and its successors and assigns for the entire period during which such covenants shall be in force and effect, without regard to whether the Grantor is or remains an owner of any land or interest therein to which such covenants relate. In the event of any breach of any of such covenants, the Grantor and its successors and assigns shall have the right to exercise all rights and remedies available under law or in equity to enforce the curing of such breach. 7. Enforcement. The Grantor shall have the right to institute such actions or proceedings as it may deem desirable to enforce the provisions set forth herein. Any delay by the Grantor in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights hereunder shall not operate as a waiver of or limitation on such rights, nor operate to 540 02/02/16 - 37 - deprive Grantor of such rights, nor shall any waiver made by the Grantor with respect to any specific default by the Grantee, its successors and assigns, be considered or treated as a waiver of Grantor’s rights with respect to any other default by the Grantee, its successors and assigns, or with respect to the particular default except to the extent specifically waived. 8. Amendment. Only the Grantor, its successors and assigns, and the Grantee and the successors and assigns of the Grantee in and to all or any part of the fee title to the Property shall have the right to consent and agree to changes or to eliminate in whole or in part any of the covenants contained in this Grant Deed. For purposes of this Section, successors and assigns of the Grantee shall be defined to include only those parties who hold all or any part of the Property in fee title, and not to include a tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under deed of trust, or any other person or entity having an interest less than a fee in the Property and Improvements. 9. Conflict. In the event there is a conflict between the provisions of this Grant Deed and the Agreement, it is the intent of the parties that the Agreement shall control. 10. Counterparts. This Grant Deed may be executed in counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. SIGNATURES ON FOLLOWING PAGES. 541 02/02/16 - 38 - IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of ________________, 2016. GRANTOR SOUTH SAN FRANCISCO SUCCESSOR AGENCY By: _______________________________ Mike Futrell Executive Director ATTEST: By: _______________________________ Clerk APPROVED AS TO FORM: By: _______________________________ Jason Rosenberg Agency Counsel GRANTEE: FORM – DO NOT SIGN MILLER CYPRESS SSF, LLC By: _______________________________ APPROVED AS TO FORM: By: _______________________________ Tamsen Plume, Holland & Knight, Counsel for Buyer 542 02/02/16 - 39 - SIGNATURES MUST BE NOTARIZED 543 02/02/16 - 40 - EXHIBIT A to Grant Deed (Attach legal description) 544 02/02/16 - 41 - A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss. County of San Mateo ) On_____________________, 20____ before me, _____________________, a Notary Public, in and for said State and County, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _______________________________ NOTARY PUBLIC 545 02/02/16 - 42 - A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss. County of San Mateo ) On_____________________, 20____ before me, _____________________, a Notary Public, in and for said State and County, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _______________________________ NOTARY PUBLIC 546 02/02/16 - 43 - Exhibit C PRE-APPROVED EXCEPTIONS First American Title Company Preliminary Title Report dated May 19, 2015 Order Number NCS-677875-SC Exceptions Nos: 1, 2, 3, 26, 31 and 32 Mural License Agreement referenced in Section 6.1 REQUIRED DIS-APPROVED EXCEPTIONS First American Title Company Preliminary Title Report dated May 19, 2015 Order Number NCS-677875-SC: Exceptions Nos: 4 through 15, 17 through 25, and 27 through 30. 547 02/02/16 - 44 - Exhibit D DEVELOPMENT AGREEMENT 548 02/02/16 - 45 - EXHIBIT E FORM OF MEMORANDUM OF AGREEMENT 2599486.1 549 ATTACHMENT 9 CITY COUNCIL STAFF PRESENTATION 550 2/3/2016 1 City Council February 10, 2016 1 CEQA Consistency (City/SA) Development Agreement (City) Project Entitlements (City) Purchase and Sale Agreement (SA) 2 551 2/3/2016 2 3 260 residential rental units / 342 parking spaces 12 for-sale Townhomes on Miller Avenue 2.34 Acres and four distinct project areas 552 2/3/2016 3 6 553 2/3/2016 4 7 Purchase Price -$4M $2.7M Park in Lieu Payment $500K Community Benefit Payment $25K Public Art Payment At least 2 affordable units in Phase II Default Provisions 8 554 2/3/2016 5 Q4 -2016: Obtain building permit Q1 -2017: Start construction Q1 -2019: Complete construction 9 Reviewed on January 21, 2016 Unanimous support for project with discussion of Bertolucci’ssign and affordable housing Recommended approval of DA and Entitlements Request by vote of 6-0 10 555 2/3/2016 6 Implement DSASP 272 housing units close to transit $140 million construction investment Area Standard Wages $234,000/year property taxes 11 Community Benefits ($5.7M estimate) High quality design & architecture Catalyst for additional housing Activates vacant, blighted gateway 12 556 2/3/2016 7 13 $2,720,000 for park/recreation $500,000 in streetscape improvements $25,000 Public Art Utility undergrounding LEED rating for new development Environmental contamination cleanup City Council and Successor Agency: Approve the Environmental Analysis City Council: Approve the Entitlements Request Approve the DA Successor Agency: Approve PSA 557 Staff Report DATE: February 10, 2016 TO: Ma yor, Vice Mayor, and Councilmembers FROM: Alex Greenwood, Director of Economic and Community Development SUBJECT: GENERAL PLAN AMENDMENT TO THE LAND USE SECTION REVISING THE EAST OF 101 AREA PLAN PERTAINING TO LEGAL CONFORMING USES RECOGNIZED BY RESOLUTION 84-97 AND TO MAKE CHANGES TO THE PLANNING SUB-AREAS ELEMENT TO ENSURE POLICY CONSISTENCY WITH THE GENERAL PLAN, THE DOWNTOWN STATION AREA SPECIFIC PLAN (DSASP) AND THE TRANSIT OFFICE / RESEARCH AND DEVELOPMENT (TO/RD) CORE ZONING DISTRICT Location: Citywide Case Nos.: P11-0097: GPA16-0001 RECOMMENDATION It is recommended that the City Council follow the Planning Commission’s recommendation and: 1.Adopt a resolution making findings and adopt General Plan Amendment 16-0001. BACKGROUND/DISCUSSION Overview The purpose of this proposed General Plan Amendment is to ensure internal policy consistency between the General Plan, the Downtown Station Area Specific Plan (DSASP), and the implementing zoning for the DSASP. Following is an overview of the relevant policies currently in place. The proposed General Plan Amendment would only be applicable to the areas within the DSASP that are also subject to the provisions of Resolution 84-97, which consists of a portion of the Transit Office / Research and Development (TO/RD) Core Zoning District, located east of 101. Downtown Station Area Specific Plan The Downtown Station Area Specific Plan (DSASP) was adopted in February, 2015. The DSASP sets a comprehensive vision for the Downtown as a vibrant and pedestrian-friendly environment, focused on improved connections and linkages to the Caltrain station and throughout the plan area. The Transit Office / R&D Core (TO/RD) Zoning District of the DSASP, located east of 101, is envisioned as a high-intensity urban employment district, characterized by a walkable street pattern. This area will be well connected to the Downtown with the extension of the Caltrain station and the construction of the pedestrian / bicycle underpass. STAFF REPORT SUBJECT: GENERAL PLAN AMENDMENT: 84-97 CLEAN-UP DATE: February 10, 2016 Page 2 of 10 Table 20.280.003 of the Zoning Code outlines the land use designations for the Downtown Station Area Specific Plan Districts. Uses permitted in the TO/RD district include a range of commercial uses, offices, and employment uses including clean technologies, handicraft/custom manufacturing, and R&D uses. Warehouse, distribution, wholesaling, freight forwarding, and customs brokering uses are not permitted uses within this district. Residential uses are not currently permitted in this area, but the City is considering the feasibility of residential uses in areas east of 101 that are most accessible to transit and the downtown core. Figure 1 below illustrates the location of the TO/RD Zoning District, in relation to the DSASP area. Figure 1: TO/RD Zoning District While the DSASP sets out a clear vision for the future development of the TO/RD district, there is a long history of policy direction for this area that conflicts with the intent of the DSASP (described in the sections below). STAFF REPORT SUBJECT: GENERAL PLAN AMENDMENT: 84-97 CLEAN-UP DATE: February 10, 2016 Page 3 of 10 East of 101 Area Plan The East of 101 Area Plan was adopted in 1994 as part of the City’s General Plan. At that time, the area that is now within the TO/RD Zoning District was designated as a mix of “Gateway Specific Plan Area”, “Planned Industrial”, and “Planned Commercial” land use categories. A wide range of commercial, industrial, and employment land uses were consistent with these categories. In particular, Policy LU-5a of the East of 101 Area Plan states that “uses allowed in the ‘Planned Industrial’ category shall typically include non-nuisance light manufacturing, incubator-research facilities, testing, repairing, packaging, publishing, printing, offices, administrative activities, research and development facilities, “big-box” retail and warehouse sales, freight forwarding, warehousing, distributing centers and facilities, customs brokerages, service businesses that serve the uses described above, marinas, and shoreline-oriented recreation.” The East of 101 Area Plan provided the City with the direction to encourage the growth and expansion of research and development (R&D) uses. Resolution 84-97 In 1997, City Council adopted Resolution 84-97. This resolution amended the East of 101 Area Plan Policy 5A which had removed freight forwarding as a use consistent with the “Planned Industrial” land use designation, as the City envisioned the growth of biotech and R&D uses in the East of 101 area. Resolution 84-97 is attached to this staff report for reference. Resolution 84-97 states that freight forwarding activities can have traffic, parking, and aesthetic conflicts with other uses in the Planned Industrial land use category, and these conflicts threaten the City’s ability to attract corporate headquarters, research and development facilities and office uses. In order to protect the existing uses in the area, provide flexibility in the case that the R&D sector did not continue to expand, and ensure that they did not become non-conforming uses due to the removal of freight forwarding as a permitted use, Resolution 84-97 included a provision to allow property which was used in whole or in part for freight forwarding, customs brokering, wholesale, warehousing or distribution as of July 10, 1997 to continue as legal, conforming uses. Resolution 84-97 also included a provision stating that wholesale, warehouse and distribution uses could be converted to freight forwarding and customs brokering uses with a Conditional Use Permit until July 10, 2000 and be considered legal, conforming uses. Except as provided by Resolution 84-97, new development or redevelopment proposed for or undertaken in the Planned Industrial land use category shall not include warehouse, distribution, wholesaling, freight forwarding, and customs brokering uses. Figure 2 on the following page shows the East of 101 Area Plan land use map; the Planned Industrial land use category is shown in tan. While the Zoning Code does not permit warehouse, distribution, wholesaling, freight forwarding, and customs brokering uses in the TO/RD district, if these uses were established as a legal use prior to July 10, 1997 or granted a Conditional Use Permit prior to July 10, 2000, and continuously operated as a legal use, they are considered to be legal, conforming uses per the terms of Resolution 84-97. This means that, if a legally established warehouse, distribution, wholesaling, freight forwarding and/or customs brokering use wishes to expand or change to another one of those use types, it would be permitted to do so, as a legal conforming use. STAFF REPORT SUBJECT: GENERAL PLAN AMENDMENT: 84-97 CLEAN-UP DATE: February 10, 2016 Page 4 of 10 However, this is not consistent with the policy direction of the DSASP, nor is it consistent with the existing zoning for the TO/RD district. Figure 2: East of 101 Land Use Map Planned Industrial (PI) STAFF REPORT SUBJECT: GENERAL PLAN AMENDMENT: 84-97 CLEAN-UP DATE: February 10, 2016 Page 5 of 10 1999 General Plan Update When the General Plan was updated in 1999, the plan incorporated the “Business Commercial” and “Business and Technology Park” land use designations, which took the place of the “Planned Industrial” land use designation. The provisions of Resolution 84-97, originally applicable to the “Planned Industrial” land use designation east of 101, applied to portions of these new land use designations in areas east of 101 which had previously been designated “Planned Industrial.” The 1999 General Plan Update did not explicitly clarify how Resolution 84-97 applied to the newly incorporated land use designations in the General Plan; therefore, the 1999 General Plan language was ambiguous. Policy 3.5-I-11 of the General Plan states: “Do not permit any new warehousing and distribution north of East Grand Avenue, or in areas designated Business Commercial.” The discussion of this policy in the General Plan is as follows: “while warehousing and freight forwarding are important components of the local and regional economy, they tend to have high service costs and low revenue and employment generation. The location of freight forwarding has been an issue in South San Francisco throughout the 1990s. Inclusion of freight forwarding in the East of 101 Area Plan Planned Industrial (PI) land use classification was debated extensively during preparation of the East of 101 Area Plan, and freight forwarding was ultimately included as a permitted use. Recently the City has experienced a surge in applications for new freight forwarding uses, with a 55 percent increase in freight forwarding firms in the East of 101 area between 1993 and 1997. About half of the freight forwarding operations are in the PI area north of East Grand Avenue, limiting the availability of this land for expansion of the R&D and office uses for which the district was created, and potentially making the area less attractive to such firms. After proposing amendments to the East of 101 Area Plan that would limit expansions on such operations, the City reached a compromise with freight forwarding operators whereby warehousing uses may not expand or convert to a freight forwarding use after 2000. This policy would make this interim understanding a permanent one.” While this policy clearly states that warehouse, distribution, wholesaling, freight forwarding, and customs brokering uses are not permitted north of East Grand Avenue (primarily the Business and Technology Park designation) and in areas designated Business Commercial, it does not specifically remove the provisions of Resolution 84-97 from these areas. STAFF REPORT SUBJECT: GENERAL PLAN AMENDMENT: 84-97 CLEAN-UP DATE: February 10, 2016 Page 6 of 10 PROPOSED REVISIONS Staff is recommending the following General Plan Amendment to further ensure consistency between the General Plan, the DSASP, and the adopted zoning to implement the DSASP. 1) Amend the East of 101 Area Plan, creating a new resolution that updates the provisions of Resolution 84-97. The proposed updated resolution would contain revisions applicable to the parcels within the DSASP area. These revisions would state that that the provisions of Resolution 84-97, which maintain legally established freight forwarding, customs brokering, wholesale, warehousing or distribution as of July 10, 1997, or with a conditional use permit as of July 10, 2000 may continue as legal, conforming uses, no longer apply to those parcels within the DSASP, except for those parcels that are the subject of an executed Memorandum of Understanding with the City of South San Francisco at the time the resolution is adopted. The proposed amended language follows (proposed new text in double-underline): The Planned Industrial land use category in the East of 101 Area Plan includes a portion of the City which was historically developed and used for warehousing and distribution. In particular, the Cabot, Cabot and Forbes Business Park is considered one of the most successful such developments in the Bay Area. These historic uses will continue to be an important segment of the business community in the City. At the same time, the City has identified the need to plan for and accommodate the growth and expansion of other industrial, office and research and development uses. The area of the City designated in Planned Industrial land use category has the greatest potential to accommodate that future growth and expansion. In order to accommodate the future growth and expansion of industrial parks, light manufacturing, office, and research and development uses, while at the same time preserving the opportunities for existing warehouse and freight forwarding businesses to continue, new development or redevelopment in the Planned Industrial land use category will be limited to industrial parks, light manufacturing, office uses, retail, hotels, research and development. Warehouse and distribution uses that are ancillary to or a part of a manufacturing business in the City or that include retail sales of their primary products from the wholesale and distribution facility as a part of their operations are also permitted for new development or redevelopment in the Planned Industrial land use category. All property, which is used, in whole or in part, for freight forwarding, customs brokering, wholesale, warehousing or distribution as of July 10, 1997, may continue to be used for the use in effect as of July 10, 1997 as legal, conforming uses, except for those parcels located in the Downtown Station Area Specific Plan area as described in more detail below. Any legal, conforming use may be improved, expanded, modified or reconstructed in accordance with the South San Francisco Municipal Code. In order to permit existing businesses time to plan for future expansion and change, wholesale, warehouse and distribution uses may also be converted to freight forwarding and STAFF REPORT SUBJECT: GENERAL PLAN AMENDMENT: 84-97 CLEAN-UP DATE: February 10, 2016 Page 7 of 10 customs brokering uses with granting of a conditional use permit until July 10, 2000. After that date, freight forwarding and customs brokering uses may continue as legal, conforming uses and they may convert to any other legal, conforming use, including wholesale, warehouse and distribution, permitted in the Planned Industrial category, except for those parcels located in the Downtown Station Area Specific Plan area as described in more detail below. Except as provided above, new development or redevelopment proposed for or undertaken in the Planned Industrial land use category after July 10, 1997, shall not include warehouse, distribution, wholesaling, freight forwarding and customs brokering uses. The Downtown Station Area Specific Plan (“DSASP”) was adopted in 2015, providing a vision for the future growth and development for downtown, including the eastern neighborhood, which is located east of 101. The DSASP envisions downtown as a vibrant and pedestrian friendly-environment, maximizing transit-oriented development opportunities in the vicinity of the Caltrain station. The DSASP also focuses on connections and linkages to Caltrain, downtown, and the employment areas east of 101. In order to realize the vision of the DSASP, the provisions of the East of 101 Area Plan permitting freight forwarding, customs brokering, wholesale, warehouse or distribution uses as established by Resolution 84-97 are no longer applicable to parcels located within the DSASP area. With the adoption of Resolution ____-2016, legally established and continually operating freight forwarding, customs brokering, wholesale, warehouse or distribution uses as of July 10, 1997, or granted a conditional use permit as of July 10, 2000, will become legal, non-conforming uses, subject to the requirements of the South San Francisco Municipal Code regarding non-conforming uses, structures, and lots. However, if prior to the adoption of Resolution ____-2016, an entity operating within the DSASP area has executed a valid Memorandum of Understanding (“MOU”) with the City of South San Francisco acknowledging certain properties’ uses as a legal conforming use for the term of the MOU, then those uses contemplated in the MOU may continue as a legal conforming use subject to the terms of the MOU. 2) Add an implementing policy to the Downtown section of the Planning Sub-Areas Element (Chapter 3) of the General Plan, indicating that the provisions of Resolution 84-97 that permit freight forwarding, customs brokering, wholesale, warehouse, or distribution uses as legal conforming uses will no longer apply to parcels within the DSASP area. Staff proposes adding the following implementing policy as Policy 3.1-I-12 to the Downtown Section of the Sub-Areas Element, and deleting existing Policy 3.1-I-12 which is no longer applicable given dissolution of redevelopment in California: 3.1-1-12: Explore the feasibility of expanding the Downtown Central Redevelopment District boundaries to encompass sites designated Downtown Commercial and Downtown High and Medium Density Residential. This will require extension of the current redevelopment boundaries west to Orange Avenue, and expansion along the Linden Avenue corridor. STAFF REPORT SUBJECT: GENERAL PLAN AMENDMENT: 84-97 CLEAN-UP DATE: February 10, 2016 Page 8 of 10 3.1-I-12: In order to realize the vision of the Downtown as a walkable, vibrant environment, the provisions of the East of 101 Area Plan contained in Resolution 84-97 that permit freight forwarding, customs brokering, wholesale, warehouse, or distribution uses as legal conforming uses shall no longer apply to the parcels within the Downtown Station Area Specific Plan area as set forth in Resolution ____-2016 adopted on (insert date). This policy will help to ensure that the future land use pattern in the Downtown Station Area Specific Plan area supports high-density and intensity pedestrian-oriented uses closest to the Caltrain commuter station. This proposed policy will help to implement the vision and intent of the DSASP, which focuses on creating a high-density, vibrant environment in the Downtown, centered on the Caltrain station. 3) Add clarifying language to Implementing Policy 3.5-I-11 of the East of 101 section of the Planning Sub-Areas Element (Chapter 3) of the General Plan, indicating that the provisions of Resolution 84-97 that permit freight forwarding, customs brokering, wholesale, warehouse, or distribution uses as legal, conforming uses shall no longer apply to parcels within the DSASP area: 3.5-I-11: Do not permit any new warehousing and distribution north of East Grand Avenue or in areas designated Business Commercial. While warehousing and freight forwarding are important components of the local and regional economy, they tend to have high service costs and low revenue and employment generation. The location of freight forwarding has been an issue in South San Francisco throughout the 1990s. Inclusion of freight forwarding in the East of 101 Area Plan Planned Industrial (PI) land use classification was debated extensively during preparation of the East of 101 Area Plan, and freight forwarding was ultimately included as a permitted use. Recently the City has experienced a surge in applications for new freight forwarding uses, with a 55 percent increase in freight forwarding firms in the East of 101 area between 1993 and 1997. About half of the freight forwarding operations are located in the PI area north of East Grand Avenue, limiting the availability of this land for expansion of the R&D and office uses for which the district was created, and potentially making the area less attractive to such firms. After proposing an amendment to the East of 101 Area Plan that would limit expansion of such operations, the City reached a compromise with freight forwarding operators whereby warehousing uses may not expand or convert to a freight forwarding use after 2000. This policy would make this interim understanding a permanent one. The adoption of Resolution ____-2016 clarifies the intent of this policy, by stating that the provisions of Resolution 84-97 that permit freight forwarding, customs brokering, wholesale, warehouse or distribution uses as legal conforming uses are no longer applicable to the parcels within the Downtown Station Area Specific Plan. These changes should have been adopted during the DSASP process to achieve internal policy consistency with the City’s General Plan, the DSASP, and the underlying zoning for the TO/RD district. If this General Plan amendment is adopted, legally established warehouse, distribution, wholesaling, freight forwarding and/or customs brokering uses in the TO/RD district would STAFF REPORT SUBJECT: GENERAL PLAN AMENDMENT: 84-97 CLEAN-UP DATE: February 10, 2016 Page 9 of 10 become legal nonconforming uses, and would be subject to the requirements of Zoning Code chapter 20.320, Nonconforming Uses, Structures and Lots. This amendment will provide the City with internal policy consistency and the power needed to limit the long-term operation of such warehousing and distribution uses within the envisioned high-density office zoning of the DSASP’s TO/RD district. The proposed General Plan Amendment before the Planning Commission would further ensure consistency between the General Plan, the DSASP, and adopted zoning to implement the DSASP. PLANNING COMMISSION DISCUSSION The Planning Commission reviewed this proposed General Plan Amendment at their public hearing on January 21, 2016. There were no public comments on the proposed General Plan Amendment at the hearing. The Planning Commission received one letter from Prologis, stating qualified support for the proposed amendment (Attachment 4). This letter also suggested edits to the proposed General Plan policies, specifically including language regarding properties that are subject to a valid MOU with the City. The Planning Commission discussed the General Plan Amendment as proposed by staff, and recommended approval by the City Council, in the interest of achieving internal policy consistency. The adopting resolution is Attachment 2 to this report. GENERAL PLAN CONSISTENCY The proposed amendments to the General Plan are intended to ensure consistency between the intent of the General Plan, the DSASP, and the DSASP zoning, and help to clarify the intent of existing General Plan policies. Adoption of the proposed General Plan Amendment would ensure consistency between the General Plan, the vision and intent of the DSASP, and the DSASP zoning. ENVIRONMENTAL DETERMINATION The revisions and corrections set forth in this General Plan Amendment, as they relate to Resolution 84-97, the Downtown Sub-Area, and the East of 101 Sub-Area are minor in nature, the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the Environmental Impact Report prepared and circulated for the DSASP adoption, nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review. Accordingly, no further CEQA review is required to approve the amendments. ATTACHMENT 1 DRAFT GENERAL PLAN AMENDMENT RESOLUTION Exhibit A: Proposed Resolution: East of 101 Area Plan Exhibit B: Proposed Planning Sub-Areas Element Update 1 RESOLUTION NO._________ CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION MAKING FINDINGS AND APPROVING GENERAL PLAN AMENDMENTS TO MAKE CHANGES TO THE LAND USE SECTION REVISING THE EAST OF 101 AREA PLAN PERTAINING TO LEGAL CONFORMING USES RECOGNIZED BY RESOLUTION 84-97 AND THE PLANNING SUB-AREAS ELEMENT TO ENSURE POLICY CONSISTENCY WITH THE GENERAL PLAN, THE DOWNTOWN STATION AREA SPECIFIC PLAN (DSASP) AND THE TRANSIT OFFICE / RESEARCH AND DEVELOPMENT CORE (TO/RD) ZONING DISTRICT. WHEREAS, in 1997, the City Council adopted Resolution 84-97 approving General Plan Amendment GP-97-030 (“GP-97-030”), amending the East of 101 Area Plan to delete “freight forwarding” as a use consistent with the “Planned Industrial” land use designation, and WHEREAS, GP-97-030 included a provision to allow property which was used in whole or in part for freight forwarding, customs brokering, wholesale, warehousing or distribution uses as of July 10, 1997 to continue as legal, conforming uses; and WHEREAS, GP-97-030 included a provision to allow wholesale, warehouse, and distribution uses to be converted to freight forwarding and customs brokering uses with a Conditional Use Permit until July 10, 2000; and WHEREAS, except as provided by GP-97-030, new development in the “Planned Industrial” land use category shall not include warehouse, distribution, wholesaling, freight forwarding, and customs brokering uses; and WHEREAS, the City’s General Plan was updated in 1999, and the “Planned Industrial” land use designation transitioned to “Business Commercial,” and the 1999 General Plan includes Policy 3.5-I-11 which prohibits new warehouse, distribution, wholesaling, freight forwarding and customs brokering uses in the Business Commercial land use designation; and WHEREAS, the City of South San Francisco (“City”) adopted the Downtown Station Area Specific Plan (DSASP) in February 2015; and WHEREAS, the Downtown Station Area Specific Plan (“DSASP”) guides future development in the portions of the City that lie within a one-half mile radius of the Caltrain station and provides the blueprint for future change and improvements in the Downtown and adjoining areas; and WHEREAS, the DSASP focuses on improving connections and linkages to the Caltrain station, downtown, and employment uses east of 101; and 2 WHEREAS, the Transit Office/R&D Core Zoning Sub-district of the DSASP is envisioned as a high-intensity urban employment district, characterized by a walkable street pattern; and WHEREAS, warehouse, distribution, wholesaling, freight forwarding, and customs brokering uses are not permitted in the Transit Office/R&D Core Zoning Sub-district of the DSASP; and WHEREAS, warehouse, distribution, wholesaling, freight forwarding, and customs brokering uses generate high levels of truck traffic and are not pedestrian-oriented, and thus, not consistent with the long-term vision of the DSASP; and WHEREAS, staff has prepared amendments to the City’s General Plan by amending the East of 101 Area Plan and the Planning Sub-Areas Element to be consistent with and implement the policies of the DSASP and underlying zoning; and, WHEREAS, the DSASP was adopted after preparation, circulation, consideration, and adoption of an Environmental Impact Report (EIR) in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. (“CEQA”), which analyzed the environmental impacts of adopting the DSASP; and, WHEREAS, the revisions and corrections set forth in this General Plan Amendment, as they relate to the East of 101 Area Plan, and the Planning Sub-Areas are minor in nature, the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the Environmental Impact Report prepared and circulated for the DSASP adoption, nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review; and, WHEREAS, on January 21, 2016 the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the proposed General Plan Amendment, take public testimony, and make a recommendation to the City Council; and, WHEREAS, on February 10, 2016, the City Council for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the proposed General Plan Amendment, take public testimony, and adopt this resolution approving the General Plan Amendment. NOW, THEREFORE BE IT RESOLVED that based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of 3 Regulations §15000, et seq.; the South San Francisco General Plan and General Plan EIR; the South San Francisco Municipal Code; the General Plan Amendment; and all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed January 21, 2016 meeting; and all reports, minutes, and public testimony submitted as part of the City Council’s duly noticed February 10, 2016 meeting and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the City of South San Francisco hereby finds as follows: SECTION 1 FINDINGS I. General Findings 1. The foregoing recitals are true and correct and made a part of this Resolution. 2. The Exhibits attached to this Resolution, including the proposed Amendment to the portion of the East of 101 Area Plan contained in Resolution 84-97 (Exhibit A), and the proposed Amendment to the General Plan Planning Sub-Areas Element (Exhibit B) are made part of this Resolution; 3. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of Chief Planner, Sailesh Mehra. II. General Plan Amendments Findings 1. As described in Exhibits A and B, adoption of the proposed General Plan Amendment will include an amendment to the portion of the East of 101 Area Plan contained in Resolution 84-97 and the Planning Sub-Areas Element of the South San Francisco General Plan. The amendments would include changes to achieve internal consistency with the vision and policy direction in the General Plan, Downtown Station Area Specific Plan, and the Zoning Ordinance. The amendments are intended as minor alterations to the General Plan related to implementation of the Downtown Station Area Specific Plan; and 2. The City Council has received and considered the Planning Commission’s recommendation in support of the General Plan Amendments and consistent with State law, the South San Francisco General Plan, and the South San Francisco Municipal Code, the City Council finds that the proposed General Plan Amendments are otherwise consistent and compatible with the South San Francisco General Plan, are compatible with the Downtown Station Area Specific Plan, do not obstruct or impede achievement of any General Plan policies, are necessary to comply with other adopted plans, and further 4 a number of important Guiding and Implementing Policies set forth in the Land Use, Planning Sub-Areas, and Transportation Elements, including without limitation: Guiding Policy 2-G-2: “Maintain a balanced land use program that provides opportunities for continued economic growth, and building intensities that reflect South San Francisco’s prominent inner bay location and excellent regional access.” Guiding Policy 2-G-5: “Maintain Downtown as the City’s physical and symbolic center, and a focus of residential, commercial, and entertainment activities.” Guiding Policy 3.1-G-1: “Promote Downtown’s vitality and economic well-being, and its presence as the city’s center.” Guiding Policy 3.1-G-2: “Encourage development of Downtown as a pedestrian-friendly mixed-use activity center with retail and visitor-orientated uses, business and personal services, government and professional offices, civic uses, and a variety of residential types and densities.” Guiding Policy 3.1-G-3: “Promote infill development, intensification, and reuse of currently underutilized sites.” Guiding Policy 3.1-G-4: “Enhance linkages between Downtown and transit centers, and increased street connectivity with the surrounding neighborhoods.” SECTION 2 RECOMMENDATION NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco hereby makes the findings contained in this Resolution, and approves and adopts the General Plan Amendment to the portion of the East of 101 Area Plan contained in Resolution 84-97attached as Exhibit A, and the amendments to the Planning Sub-Areas Element attached as Exhibit B. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. ** ** ** * 5 I hereby certify that the foregoing resolution was adopted by the City Council of the City of South San Francisco at a regular meeting held on the 10th day of February, 2016 by the following vote: AYES:________________________________________________________________ NOES:________________________________________________________________ ABSTENTIONS:________________________________________________________ ABSENT:______________________________________________________________ Attest:__________________________________ Krista Martinelli, City Clerk 6 EXHIBIT A PROPOSED REVISED RESOLUTION: EAST OF 101 AREA PLAN GPA16-0001 7 Additional Language to be added to the East of 101 Area Plan, preceding the first paragraph under “2. Planned Industrial” at page 57. (Proposed new text in double- underline.) The Planned Industrial land use category in the East of 101 Area Plan includes a portion of the City which was historically developed and used for warehousing and distribution. In particular, the Cabot, Cabot and Forbes Business Park is considered one of the most successful such developments in the Bay Area. These historic uses will continue to be an important segment of the business community in the City. At the same time, the City has identified the need to plan for and accommodate the growth and expansion of other industrial, office and research and development uses. The area of the City designated in Planned Industrial land use category has the greatest potential to accommodate that future growth and expansion. In order to accommodate the future growth and expansion of industrial parks, light manufacturing, office, and research and development uses, while at the same time preserving the opportunities for existing warehouse and freight forwarding businesses to continue, new development or redevelopment in the Planned Industrial land use category will be limited to industrial parks, light manufacturing, office uses, retail, hotels, research and development. Warehouse and distribution uses that are ancillary to or a part of a manufacturing business in the City or that include retail sales of their primary products from the wholesale and distribution facility as a part of their operations are also permitted for new development or redevelopment in the Planned Industrial land use category. All property, which is used, in whole or in part, for freight forwarding, customs brokering, wholesale, warehousing or distribution as of July 10, 1997, may continue to be used for the use in effect as of July 10, 1997 as legal, conforming uses, except for those parcels located in the Downtown Station Area Specific Plan area as described in more detail below. Any legal, conforming use may be improved expanded, modified or reconstructed in accordance with the South San Francisco Municipal Code. In order to permit existing businesses time to plan for future expansion and change, wholesale, warehouse and distribution uses may also be converted to freight forwarding and customs brokering uses with granting of a conditional use permit until July 10, 2000. After that date, freight forwarding and customs brokering uses may continue as legal, conforming uses and they may convert to any other legal, conforming use, including wholesale, warehouse and distribution, permitted in the Planned Industrial category, except for those parcels located in the Downtown Station Area Specific Plan area as described in more detail below. Except as provided above, new development or redevelopment proposed for or undertaken in the Planned Industrial land use category after July 10, 1997, shall not include warehouse, distribution, wholesaling, freight forwarding and customs brokering uses. The Downtown Station Area Specific Plan (“DSASP”) was adopted in 2015, providing a vision for the future growth and development for downtown, including the eastern neighborhood, which is located east of 101. The DSASP envisions downtown as a vibrant and pedestrian friendly-environment, maximizing transit-oriented development opportunities 8 in the vicinity of the Caltrain station. The DSASP also focuses on connections and linkages to Caltrain, downtown, and the employment areas east of 101. In order to realize the vision of the DSASP, the provisions of the East of 101 Area Plan permitting freight forwarding, customs brokering, wholesale, warehouse or distribution uses as established by Resolution 84-97 are no longer applicable to parcels located within the DSASP area. With the adoption of Resolution ____-2016, legally established and continually operating freight forwarding, customs brokering, wholesale, warehouse or distribution uses as of July 10, 1997, or granted a conditional use permit as of July 10, 2000, will become legal, non-conforming uses, subject to the requirements of the South San Francisco Municipal Code regarding non-conforming uses, structures, and lots. However, if prior to the adoption of Resolution ____-2016, an entity operating within the DSASP area has executed a valid Memorandum of Understanding (“MOU”) with the City of South San Francisco acknowledging certain properties’ uses as a legal conforming use for the term of the MOU, then those uses contemplated in the MOU may continue as a legal conforming use subject to the terms of the MOU. 9 EXHIBIT B PROPOSED PLANNING SUB-AREAS ELEMENT AMENDMENT GPA16-0001 10 3-10 SOUTH SAN FRANCISCO GENERAL PLAN If development does not meet the established off-street parking requirements, proponents would be required to contribute an appropriate share to the Downtown Parking District to mitigate impacts associated with the develop- ment. 3.1-I-9 Establish design and signage standards for development along Grand and Linden avenues. 3.1-I-10 Require all development in Downtown to either meet the established off-street parking requirements, or contribute an appropriate share to the Downtown Parking District to mitigate impacts associated with the development. Many recent developments in Downtown have neither provided off-street parking, nor contributed any monies to the Downtown Parking District, because findings that result in exemptions allowed in the City’s Zoning Ordinance have been easy to make. Section 20.74.080 the City’s Zoning Ordinance will need to be amended to conform to this policy. 3.1-I-11 Explore the feasibility of establishing Miller and Baden avenues as one-way couplets, for the extent between Airport Boulevard and Spruce Avenue. This effort should be coordinated with SamTrans, as both Miller and Baden avenues are bus routes. 3.1-I-12 Explore the feasibility of expanding the Downtown Central Redevelopment District boundaries to encompass sites designated Downtown Commercial, and Downtown High and Medium Density Residential. This will require extension of the current redevelopment boundar- ies west to Orange Avenue, and expansion along the Linden Avenue corridor. In order to realize the vision of the Downtown as a walkable, vibrant envi- ronment, the provisions of the East of 101 Area Plan contained in Resolution 84-97 that permit freight forwarding, customs brokering, wholesale, ware- house, or distribution uses as legal conforming uses shall no longer apply to the parcels within the Downtown Station Area Specific Plan area per Resolution ____-2016, adopted on (insert date). This policy will help to ensure that the future land use pattern in the Downtown Station Area Specific Plan area supports high-density and inten- sity pedestrian-oriented uses closest to the Caltrain commuter station. 11 3-46 SOUTH SAN FRANCISCO GENERAL PLAN 3.5-I-11 Do not permit any new warehousing and distribution north of East Grand Avenue or in areas designated Business Commercial. While warehousing and freight forwarding are important components of the local and regional economy, they tend to have high service costs and low revenue and employment generation. The location of freight for- warding has been an issue in South San Francisco throughout the 1990s. Inclusion of freight forwarding in the East of 101 Area Plan Planned Industrial (PI) land use classification was debated extensively during preparation of the East of 101 Area Plan, and freight forwarding was ulti- mately included as a permitted use. Recently the City has experienced an surge in applications for new freight forwarding uses, with a 55 percent increase in freight forwarding firms in the East of 101 area between 1993 and 1997. About half of the freight forwarding operations are located in the PI area north of East Grand Avenue, limiting the availability of this land for expansion of the R&D and office uses for which the district was created, and potentially making the area less attractive to such firms. After proposing an amendment to the East of 101 Area Plan that would limit expansion of such operations, the City reached a compromise with freight forwarding operators whereby warehousing uses may not expand or convert to a freight forwarding use after 2000. This policy would make this interim understanding a permanent one. The adoption of Resolution ___-2016 clarifies the intent of this policy, by stating that the provisions of Resolution 84-97 that permit freight forwarding, customs brokering, wholesale, warehouse or distribution uses as legal conforming uses are no longer applicable to the parcels within the Downtown Station Area Specific Plan. 3.5-I-12 Explore mechanisms to help warehousing and distribution establish- ments, located in Business Commercial or Business and Technology Park districts, that are unable to convert to conforming uses due to parking requirements, to attain conformity. Many warehousing buildings in these districts are fairly new, and many would convert to conforming uses if parking standards were not an impediment. Options to facilitate this that should be explored as part of the implementation process include reduced parking standards for such uses, or in lieu fee contributions to a City-established parking program to provide off-site parking at select locations. 3.5-I-13 Facilitate waterfront enhancement and accessibility by: 12 ATTACHMENT 2 PLANNING COMMISSION RESOLUTION 2783-2016 13 RESOLUTION NO._2783-2016__ PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION MAKING FINDINGS AND RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENTS TO MAKE CHANGES TO THE LAND USE SECTION REVISING THE EAST OF 101 AREA PLAN PERTAINING TO LAND USES CONTEMPLATED UNDER RESOLUTION 84-97 AND THE PLANNING SUB-AREAS ELEMENT TO ENSURE POLICY CONSISTENCY WITH THE GENERAL PLAN, THE DOWNTOWN STATION AREA SPECIFIC PLAN (DSASP) AND THE TRANSIT OFFICE / RESEARCH AND DEVELOPMENT CORE (TO/RD) ZONING DISTRICT. WHEREAS, in 1997, the City Council adopted Resolution 84-97 approving General Plan Amendment GP-97-030 (“GP-97-030”), amending the East of 101 Area Plan to delete “freight forwarding” as a use consistent with the “Planned Industrial” land use designation, and WHEREAS, GP-97-030 included a provision to allow property which was used in whole or in part for freight forwarding, customs brokering, wholesale, warehousing or distribution uses as of July 10, 1997 to continue as legal, conforming uses; and WHEREAS, GP-97-030 included a provision to allow wholesale, warehouse, and distribution uses to be converted to freight forwarding and customs brokering uses with a Conditional Use Permit until July 10, 2000; and WHEREAS, except as provided by GP-97-030, new development in the “Planned Industrial” land use category shall not include warehouse, distribution, wholesaling, freight forwarding, and customs brokering uses; and WHEREAS, the City’s General Plan was updated in 1999, and the “Planned Industrial” land use designation transitioned to “Business Commercial,” and the 1999 General Plan includes Policy 3.5-I-11 which prohibits new warehouse, distribution, wholesaling, freight forwarding and customs brokering uses in the Business Commercial land use designation; and WHEREAS, the City of South San Francisco (“City”) adopted the Downtown Station Area Specific Plan (DSASP) in February 2015; and WHEREAS, the Downtown Station Area Specific Plan (“DSASP”) guides future development in the portions of the City that lie within a one-half mile radius of the Caltrain station and provides the blueprint for future change and improvements in the Downtown and adjoining areas; and WHEREAS, the DSASP focuses on improving connections and linkages to the Caltrain station, downtown, and employment uses east of 101; and 14 WHEREAS, the Transit Office/R&D Core Zoning Sub-district of the DSASP is envisioned as a high-intensity urban employment district, characterized by a walkable street pattern; and WHEREAS, warehouse, distribution, wholesaling, freight forwarding, and customs brokering uses are not permitted in the Transit Office/R&D Core Zoning Sub-district of the DSASP; and WHEREAS, warehouse, distribution, wholesaling, freight forwarding, and customs brokering uses generate high levels of truck traffic and are not pedestrian-oriented, and thus, not consistent with the long-term vision of the DSASP; and WHEREAS, staff has prepared amendments to the City’s General Plan by amending the East of 101 Area Plan and the Planning Sub-Areas Element to be consistent with and implement the policies of the DSASP and underlying zoning; and, WHEREAS, the DSASP was adopted after preparation, circulation, consideration, and adoption of an Environmental Impact Report (EIR) in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. (“CEQA”), which analyzed the environmental impacts of adopting the DSASP; and, WHEREAS, the revisions and corrections set forth in this General Plan Amendment, as they relate to the East of 101 Area Plan, and the Planning Sub-Areas are minor in nature, the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the Environmental Impact Report prepared and circulated for the DSASP adoption, nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review. WHEREAS, on January 21,2016 the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the proposed General Plan Amendment, take public testimony, and make a recommendation to the City Council. NOW, THEREFORE BE IT RESOLVED that based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the South San Francisco General Plan and General Plan EIR; the South San Francisco Municipal Code; the General Plan Amendment; and all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed January 21, 2016 meeting; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the Planning Commission of the City of South San Francisco hereby finds as follows: 15 SECTION 1 FINDINGS I.General Findings 1.The foregoing recitals are true and correct and made a part of this Resolution. 2.The Exhibits attached to this Resolution, including the proposed Amendment to the portion of the East of 101 Area Plan contained in Resolution 84-97 (Exhibit A), and the proposed Amendment to the General Plan Planning Sub-Areas Element (Exhibit B); 3.The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of Chief Planner, Sailesh Mehra. II.General Plan Amendments Findings 1.As described in Exhibits A and B, adoption of the proposed General Plan Amendment will include an amendment to the portion of the East of 101 Area Plan contained in Resolution 84-97 and the Planning Sub-Areas Element of the South San Francisco General Plan. The amendments would include changes to achieve internal consistency with the vision and policy direction in the General Plan, Downtown Station Area Specific Plan, and the Zoning Ordinance. The amendments are intended as minor alterations to the General Plan related to implementation of the Downtown Station Area Specific Plan; and 2.As required under State law, the South San Francisco General Plan, and the South San Francisco Municipal Code, in support of the General Plan Amendments, the Planning Commission finds that the proposed General Plan Amendments are otherwise consistent and compatible with the South San Francisco General Plan, are compatible with the Downtown Station Area Specific Plan, do not obstruct or impede achievement of any General Plan policies, are necessary to comply with other adopted plans, and further a number of important Guiding and Implementing Policies set forth in the Land Use, Planning Sub-Areas, and Transportation Elements, including without limitation: Guiding Policy 2-G-2: “Maintain a balanced land use program that provides opportunities for continued economic growth, and building intensities that reflect South San Francisco’s prominent inner bay location and excellent regional access.” Guiding Policy 2-G-5: “Maintain Downtown as the City’s physical and symbolic center, and a focus of residential, commercial, and entertainment activities.” Guiding Policy 3.1-G-1: “Promote Downtown’s vitality and economic well-being, and its presence as the city’s center.” 16 Guiding Policy 3.1-G-2: “Encourage development of Downtown as a pedestrian-friendly mixed-use activity center with retail and visitor-orientated uses, business and personal services, government and professional offices, civic uses, and a variety of residential types and densities.” Guiding Policy 3.1-G-3: “Promote infill development, intensification, and reuse of currently underutilized sites.” Guiding Policy 3.1-G-4: “Enhance linkages between Downtown and transit centers, and increased street connectivity with the surrounding neighborhoods.” SECTION 2 RECOMMENDATION NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of South San Francisco hereby makes the findings contained in this Resolution, and recommends that the South San Francisco City Council approve and adopt the General Plan Amendment to the portion of the East of 101 Area Plan contained in Resolution 84-97attached as Exhibit A, and the amendments to the Planning Sub-Areas Element attached as Exhibit B. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. * * * * * * * I hereby certify that the foregoing resolution was adopted by the Planning Commission of the City of South San Francisco at a regular meeting held on the 21st day of January, 2016 by the following vote: AYES:__Chairperson Wong, Vice Chairperson Khalfin, Commissioner Faria, Commissioner Lujan, Commissioner Martin, Commissioner Nagales_____ NOES:________________________________________________________________ ABSTENTIONS:________________________________________________________ ABSENT:___Commissioner Ruiz______________________________ Attest:_____/s/Sailesh Mehra___________ Sailesh Mehra, Secretary to the Planning Commission 17 ATTACHMENT 3 RESOLUTION 84-97 18 19 20 21 ATTACHMENT 4 PROLOGIS LETTER 22 January 21, 2016 Via Email Chair Alan N. Wong and Planning Commissioners South San Francisco Planning Commission 400 Grand Ave. South San Francisco, CA 94080 Re: Proposed Amendments to Resolution No. 84-97 and General Plan (Case Nos. P11-0097: GPA 16-0001) Dear Chair Wong and Commissioners: I am writing on behalf of Prologis, to state our qualified support for the City’s proposal to amend City Resolution No. 84-97 and the General Plan to make changes to certain land use designations under the Downtown Station Area Specific Plan (DSASP). Specifically, we support the City’s efforts to ensure that certain long-standing uses within the DSASP area are able to maintain their “legal conforming” status while we plan for eventual redevelopment in this area. We also propose some clarifications to the amendment language put forward by staff. Background As you may know, Prologis owns a total of 13 properties in the City, covering over 65 acres. Three of our properties, which house warehouse/storage/distribution facilities, are located within the area targeted by the proposed amendments: 100 East Grand Ave., 105 Associated Rd., and 175 Sylvester Rd. Prologis (and AMB Property, prior to the merger of these companies) has a history of successfully working with City staff on land use issues, including a negotiated agreement regarding interim uses at 245 South Spruce, and the sale of the Oyster Point Business Park property to a prominent joint venture. As described in your Staff Report, City Resolution 84-97 provided that all properties within the Planned Industrial land use category of the East of 101 Area Plan that were used, in whole or in part, for freight forwarding, customs brokering, wholesale, warehousing or distribution as of July 10, 1997, and that have continuously operated as legal uses, may continue to be used for such use as legal, conforming uses. Additionally, under this resolution legal, conforming uses may be improved, expanded, modified or reconstructed in accordance with the City’s Municipal Code. The resolution was reflected in the City’s General Plan, adopted in 1999. However, under the DSASP, the City designated the area containing our three properties as Transit Office/R&D Core, which does not identify warehousing or similar uses as permitted uses. 23 When the City adopted the DSASP in February 2015, it did not overturn Resolution 84-97 or adopt amendments to the General Plan removing reference to this resolution. Now, staff is proposing that the City adopt an amendment to the General Plan, effectively overturning Resolution 84-97 within the DSASP and removing legal conforming status from any parcels with otherwise conforming warehouse, distribution, customs brokering, or freight forwarding uses. At the same time, the amendment would create an exception for any “entity operating within the DSASP area [that] has executed a valid Memorandum of Understanding (‘MOU’) with the City of South San Francisco acknowledging certain properties’ uses as a legal conforming use for the term of the MOU”. Each of the buildings at 100 East Grand, 105 Associated, and 175 Sylvester have been occupied with warehousing, distribution, and/or related uses since July 10, 1997, and therefore have legal conforming status under Resolution 84-97. Currently, we are working with Community Development Director Alex Greenwood to finalize an MOU with respect to the continued use of the three warehouse facilities listed above, and anticipate that this MOU will be executed prior to City Council adoption of the proposed resolution. Proposed Language Prologis would prefer that the City leave Resolution 84-97 intact, in recognition of the fact that the East of 101 area has long been an industrial area. We—and many other landowners—have made substantial investments in these industrial properties on the basis of their legal conforming status, and despite the City’s aspirations, the area is not immediately suitable for redevelopment into commercial/R&D, let alone residential, uses. At the same time, we recognize that the City has rezoned this area, and is considering further planning changes that could allow residential uses in the future. Prologis is committed to both improving its properties in the short-term and planning for redevelopment once the market forces are aligned. We are poised to make these commitments official in the MOU we have put together with the City, but in exchange need assurance from the City that our immediate ability to lease and use our properties is not affected. In recognition of these commitments and investments, if the City adopts the proposed amendments, it is critical that the language authorizing properties to maintain their legal conforming status with an MOU is included. Additionally, this language currently appears only in the proposed amendments to the East of 101 Area Plan and not in the amendments to the General Plan. To avoid any future doubt about how these planning documents fit together, we request that the City revise the proposed amendment language as follows. (Staff’s proposed amendments to the General Plan are shown in underline, and Prologis’ additional language is shown in bold underline). 24 •Policy 3.1-I-12 to the Downtown Section of the Sub-Areas Element: 3.1-I-12: In order to realize the vision of the Downtown as a walkable, vibrant environment, the provisions of the East of 101 Area Plan contained in Resolution 84-97 that permit freight forwarding, customs brokering, wholesale, warehouse, or distribution uses as legal conforming uses shall no longer apply to the parcels within the Downtown Station Area Specific Plan area, except as set forth in a valid Memorandum of Understanding (“MOU”) with the City of South San Francisco acknowledging certain properties’ uses as a legal conforming use for the term of the MOU, as set forth in Resolution ____-2016 adopted on (insert date). This policy will help to ensure that the future land use pattern in the Downtown Station Area Specific Plan area supports high-density and intensity pedestrian-oriented uses closest to the Caltrain commuter station. •Implementing Policy 3.5-I-11 of the East of 101 section of the Planning Sub-Areas Element (Chapter 3) of the General Plan: While warehousing and freight forwarding are important components of the local and regional economy, they tend to have high service costs and low revenue and employment generation. The location of freight forwarding has been an issue in South San Francisco throughout the 1990s. Inclusion of freight forwarding in the East of 101 Area Plan Planned Industrial (PI) land use classification was debated extensively during preparation of the East of 101 Area Plan, and freight forwarding was ultimately included as a permitted use. Recently the City has experienced a surge in applications for new freight forwarding uses, with a 55 percent increase in freight forwarding firms in the East of 101 area between 1993 and 1997. About half of the freight forwarding operations are located in the PI area north of East Grand Avenue, limiting the availability of this land for expansion of the R&D and office uses for which the district was created, and potentially making the area less attractive to such firms. After proposing an amendment to the East of 101 Area Plan that would limit expansion of such operations, the City reached a compromise with freight forwarding operators whereby warehousing uses may not expand or convert to a freight forwarding use after 2000. This policy would make this interim understanding a permanent one. The adoption of Resolution ____-2016 clarifies the intent of this policy, by stating that the provisions of Resolution 84-97 that permit freight forwarding, customs brokering, wholesale, warehouse or distribution uses as legal conforming uses are no longer applicable to the parcels within the Downtown Station Area Specific Plan, except as set forth in a valid Memorandum of Understanding (“MOU”) with the City of South San Francisco acknowledging certain properties’ uses as a legal conforming use for the term of the MOU. 25 Thank you for your consideration, and we hope you will include these revisions in your recommendation to the City Council. We look forward to finalizing and executing our MOU with the City, and working toward a longer-term vision for our East of 101 properties. Sincerely, Alex Banchero cc: Mike Futrell, City Manager Jason Rosenberg, City Attorney Alex Greenwood, Director of Economic and Community Development Sailesh Mehra, Planning Manager 26 ATTACHMENT 5 POWERPOINT PRESENTATION 27 City Council Meeting February 10, 2016 1 28 DSASP clean-up item Ensure policy consistency: ◦General Plan ◦DSASP ◦Zoning to implement the DSASP 29 DSASP + subject to provisions of 84-97 30 31 Applied to “Planned Industrial” 32 Business and Technology Park Business Commercial 33 Amend the East of 101 Area Plan, creating anew resolution that updates the provisions ofResolution 84-97 in relation to the DSASP Add an implementing policy to the DowntownSection of the Planning Sub-Areas element,referencing the new resolution in relation tothe DSASP Add clarifying language to the East of 101Section of the Sub-Areas element 34 Reviewed on January 21 Recommended approval of General Plan Amendment 35 Adopt a resolution with findings to approve the proposed General Plan Amendment. 36 Staff Report DATE: February 10, 2016 TO: Ma yor, Vice Mayor, and Councilmembers FROM: Alex Greenwood, Director of Economic and Community Development SUBJECT: CONSIDERATION OF THE PLANNING COMMISSION’S RECOMMENDATION REGARDING ZONING TEXT AMENDMENTS TO AMEND THE SOUTH SAN FRANCISCO MUNICIPAL CODE CHAPTER 20.270 (“EL CAMINO REAL/CHESTNUT AVENUE AREA PLAN DISTRICT”) TO MAKE CHANGES TO THE LAND USE REGULATIONS AND DEVELOPMENT REGULATIONS; CHAPTER 20.280 (“DOWNTOWN STATION AREA SPECIFIC PLAN DISTRICT”) TO MAKE CHANGES TO THE LAND USE REGULATIONS AND DEVELOPMENT STANDARDS; CHAPTER 20.490 (“USE PERMITS”) TO CLARIFY CONDITIONAL USE PERMIT REVIEW AUTHORITY, AND CHAPTER 20.570 (“APPEALS AND CALLS FOR REVIEW”) TO REVISE CALL FOR REVIEW AUTHORITY, AND DETERMINATION THAT THE PROJECT WILL NOT RESULT IN ANY NEW SIGNIFICANT ENVIRONMENTAL IMPACTS AND IS CONSISTENT WITH THE CERTIFIED EIR RECOMMENDATION It is recommended that the City Council: 1.Introduce an Ordinance (ZA15-0009) amending the Municipal Code to amend Chapter 20.270 to make changes to the land use regulations and development regulations of the El Camino Real/Chestnut Avenue Area Plan District; Chapter 20.280 to make changes to the land use regulations and development standards of the Downtown Station Area Specific Plan District; Chapter 20.490 to clarify Use Permit authority; and Chapter 20.570 to revise call for review authority for the City Council for Planning Commission reviewed projects and waive further reading. BACKGROUND/DISCUSSION Overview The Downtown Station Area Specific Plan (DSASP) was adopted in February of 2015 as a guiding vision document for new downtown commercial and residential development. The DSASP’s primary goal is to focus new density close to the SSF Caltrain Station, and offer transportation alternatives to prospective residents or workers. Accordingly, the adopted zoning in Chapter 20.280 provides the specific regulations implementing the DSASP objectives. Staff has reviewed the current and potential projects within the DSASP area and identified some minor inconsistencies that should be addressed, including portions of the zoning standards for the Linden Commercial Corridor and Linden Neighborhood Commercial zoning sub-districts that STAFF REPORT SUBJECT: DSASP and ECR/C ZONING AMENDMENT DATE: February 10, 2016 Page 2 of 7 were incomplete at time of DSASP adoption. Minor clarifications consistent with the DSASP vision have been made for consideration. Additionally, staff suggests a revision to the private storage space requirement to provide design flexibility within the DSASP area. A study session in October of 2015 with the City Council provided guidance for the proposed zoning text amendment; large projects with potential community impacts should be subject to City Council review to ensure consistency with City goals and priorities. Additionally, projects within the El Camino Real/Chestnut Avenue Area Plan District (ECR/C) should be subject to similar review since the ECR/C specific plan allows similar buildout to the DSASP area. The revised zoning text amendment (Ordinance Amendments) reflects this discussion and proposes: 1. Clean up revisions to Chapter 20.280 to reflect new development standards that were omitted in the DSASP adoption process or require clarification (previously discussed with the Planning Commission in September, 2015); 2. New Conditional Use Permit requirement for Multiple-Unit Residential classifications within the DSASP and ECR/C zoning sub-districts to ensure discretionary authority for the Planning Commission and/or City Council; 3. Revisions to Chapters 20.270 and 20.280 to require City Council review of a DSASP or ECR/C projects requesting an incentive program for additional density, Floor Area Ratio, and/or height; 4. Revisions to 20.490 to clarify Conditional Use Permit review authority to remain consistent with the proposed revisions to the Zoning Ordinance; and 5. Revisions to Chapter 20.570 to amend the Calls for Review process to create flexibility for the City Council to call up projects for discretionary review. These changes will have the effect of requiring a Conditional Use Permit for all multiple-unit residential projects within the DSASP or ECR/C; requiring City Council final approval for all multiple-unit residential projects requesting the incentive programs as described in Chapters 20.270 and 20.280; and providing additional flexibility for the City Council to call other projects for review at their discretion. Proposed Revisions The proposed revisions are summarized below. The specific zoning text changes are included as a draft Ordinance Amendment as Attachment 1. 1. Revise Table 20.280.003 Land Use Regulations to allow Clean Technologies, Handicraft/Custom Manufacturing, and Research and Development use classifications in additional zoning sub-districts of the DSASP. Currently, these uses are permitted within the Eastern Neighborhood zoning sub-district, and allowed with a Minor Use Permit in the Downtown Transit Core. These uses represent a STAFF REPORT SUBJECT: DSASP and ECR/C ZONING AMENDMENT DATE: February 10, 2016 Page 3 of 7 hybrid of office and research/manufacturing uses that could take advantage of the City’s excellent Research & Development employer base, and position the City for potential future economic development opportunities. Research and Development uses generally function like office space with some testing or analytical laboratory space. Clean Technologies or Handicraft/Custom Manufacturing can be slightly more intense, but must follow the performance definitions created in SSFMC 20.620.005 as part of the DSASP adoption this year. Clean Technology. A facility for technical research and the design, development, and testing of technology that uses less material and/or energy, generates less waste, and causes less environmental damage than the alternatives. Handicraft/Custom Manufacturing. Manufacture of a wide range of products to serve niche or specialty markets. Includes the manufacture of crafts, art, sculpture, stained glass, jewelry, apparel, electronic components, medical instrumentation or devices, nanotechnology components and similar at a smaller scale than industry sub- classifications. Custom manufacturing facilities may use innovative technology such as advanced robotics, artificial intelligence, 3-D printing, automation, and sustainable and green processes and typically require only a small amount of raw materials, area and power. These facilities do not generate excessive noise, particulate matter, vibration, smoke, dust, gas fumes, odors, vehicle traffic or other nuisances. Staff recommends that these types of uses (Research and Development, Clean Technology, Handicraft/Custom Manufacturing) be permitted in Grand Avenue Core zoning district (“GAC”) on the second floor only, similar to office use regulations. In order to not preclude future office development in the Downtown area, staff is also recommending that these uses be allowed in all DSASP zoning sub-districts, except for the Downtown Residential Core (“DRC”), with approval of a Minor Use Permit. 2. Revise Table 20.280.004-2 Building Form and Location Standards to clarify regulations for the Linden Commercial Corridor (LCC) and Linden Neighborhood Commercial (LNC) zoning sub-districts. Portions of the zoning standards for the Linden Commercial Corridor and Linden Neighborhood Commercial zoning sub-districts were incomplete at time of DSASP adoption. Minor clarifications consistent with the DSASP vision have been made for consideration, including minimum ground floor height for commercial uses and rear setbacks. 3. Revise Table 20.280.004-3 Open Space and Landscaping Standards to clarify regulations for the Linden Commercial Corridor (LCC) zoning sub-district. The open space standards were not included in the adopted zoning for the Linden Commercial Corridor zoning sub-district and have been clarified to be consistent with the City’s requirement for 100 SF of open space per residential unit. STAFF REPORT SUBJECT: DSASP and ECR/C ZONING AMENDMENT DATE: February 10, 2016 Page 4 of 7 4. Revise Section 20.280.005 Additional Development Standards to modify the Private Storage Space requirements to provide design flexibility for residential development projects. Recent development projects (proposed and approved) have indicated that both the overall requirement and dimensional requirements for private storage have been difficult to meet while simultaneously providing required parking. Staff has reviewed other San Mateo County jurisdiction requirements and found that for cities with a private storage requirement, South San Francisco’s requirement is consistent. To provide some flexibility, however, staff suggests removing the dimensional requirement and allowing an overall reduction of up to 25% or up to 50% if the storage is located proximate to the residential units rather than within the garage. Both reductions would require approval by the Chief Planner. Allowing the Chief Planner to permit such a reduction provides design direction during the early stages of project development. 5. Revise Table 20.280.003 Land Use Regulations for Downtown Station Area Specific Plan Sub-Districts to require a Conditional Use Permit for Multiple-Unit Residential classifications. Staff suggests requiring a Conditional Use Permit for the Multiple-Unit Residential use classification. This will be consistent with the City Council’s request to have “discretionary” review of any multiple-unit residential project that is called for review. With this change, there will be no “by-right” residential developments allowed within the DSASP zoning sub- district. Projects will require Planning Commission approval of a Conditional Use Permit, and subject to the proposed revisions to Section 20.570.006, if at least two members of the City Council request to call up the project for review, the City Council will have approval authority over the Conditional Use Permit. 6. Revise Section 20.280.005 Additional Development Standards for the Downtown Station Area Specific Plan District to require Conditional Use Permit approval by the City Council for projects requesting the Increased Density and FAR Incentive Program. This revision would provide the City Council with Conditional Use Permit discretionary review for any project seeking the maximum density or FAR incentives within the DSASP area. This revision will allow the City Council to evaluate developers’ proposed public benefits and density/FAR to determine consistency with City priorities and will allow the City Council to balance the political and social impacts of the largest new developments within the Downtown area. 7. Revise Table 20.270.003 Land Use Regulations for El Camino Real/Chestnut Sub- Districts to require a Conditional Use Permit for Multiple-Unit Residential classifications. Staff suggests requiring a Conditional Use Permit for the Multiple-Unit Residential use classification. This will be consistent with the City Council’s request to have “discretionary” STAFF REPORT SUBJECT: DSASP and ECR/C ZONING AMENDMENT DATE: February 10, 2016 Page 5 of 7 review of any multiple-unit residential project that is called for review. With this change, there will be no “by-right” residential developments allowed within the ECR/C district. Projects will require Planning Commission approval of a Conditional Use Permit, and subject to the proposed revisions to Section 20.570.006, if at least two members of the City Council request to call up the project for review, the City Council will have approval authority over the Conditional Use Permit. 8. Revise Section 20.270.004 Development Standards for the El Camino Real/Chestnut Avenue Plan District to require Conditional Use Permit approval by the City Council for projects requesting the Increased Density, FAR, and/or Height Incentive Program. Consistent with the reasoning behind the revisions to the DSASP District, this revision would give Conditional Use Permit authority to the City Council for ECR/C projects requesting an increase in density, FAR, and/or height instead of the Planning Commission. 9. Revise Section 20.490.003 Procedures to modify the Conditional Use Permit authority language to allow for City Council review of projects requesting an Incentive Program density, FAR, and/or height increase. This modification is proposed to keep the Procedures section of the Zoning Ordinance consistent with the above changes related to City Council review authority for Conditional Use Permits for projects requesting an Incentive Program density, FAR, and/or height increases. 10. Revise Section 20.570.006 Calls for Review to create flexibility for the City Council to call up specific projects for discretionary review. As requested by the City Council at their October 28, 2015 study session, staff is recommending that the following language be added to clarify the City Council’s Call for Review process. Under the proposed revision, all Planning Commission discretionary action will be summarized and forwarded to the City Council. If at least two members of the City Council would like the entire City Council to review a certain project, then that project can be called for review if at least two (2) Councilmembers submit a request in writing to the City Clerk or at least two (2) Councilmembers note their requests on the record at a City Council hearing within the fifteen (15) day appeal period. This change will provide the City Council with added flexibility to call projects for review. The proposed process is designed to alleviate some logistical burdens inherent in the current process, which requires a majority of Councilmembers to make a request within the 15-day appeal period. In order to call a project up for review under the current process, the City Council must hold a properly noticed public meeting within the 15-day appeal period to avoid conflict with the Brown Act, which requires a public meeting for any majority action. Since the City Council does not always meet within 15 days of a Planning Commission hearing, the current process makes calls for review logistically challenging. With the proposed revision, calls for review may be achieved by submitting requests in writing and by STAFF REPORT SUBJECT: DSASP and ECR/C ZONING AMENDMENT DATE: February 10, 2016 Page 6 of 7 only two Councilmembers as opposed to a majority, and this alleviates the logistical burden and furthers the City Council’s expressed interest in having discretionary review over certain projects. Additionally, these changes would provide minor revisions to the Planning Commission call for review process. All Zoning Administrator hearing determinations by the Chief Planner would be transmitted to the Planning Commission during the 15-day appeal period and could be called for review in a similar manner as the City Council. PLANNING COMMISSION DISCUSSION The Planning Commission reviewed this proposed Zoning Amendment at their public hearing on December 17, 2015. There were two public comments by development representatives, recommending the added flexibility for the personal storage requirements. The Planning Commission discussed the Zoning Amendment and recommended approval by the City Council with the additional recommendation to consider flexibility with the storage requirement. The Planning Commission agreed with comments from the public that allowing a reduced amount of storage could be appropriate and this suggestion has since been incorporated into the draft Ordinance. GENERAL PLAN CONSISTENCY The proposed Ordinance Amendments are consistent with General Plan policies, specifically those policies related to community development, economic vitality, and redevelopment in the downtown. The proposed Ordinance Amendments will not be detrimental to the public interest, convenience, or welfare of the City or land within the City. In contrast, the Ordinance Amendments will bolster the public interest by ensuring orderly and suitable infill development and public review, as recommended in the General Plan’s land use element and Downtown planning sub-area. ENVIRONMENTAL DETERMINATION The refinements, clarifications, and/or corrections set forth in the Ordinance Amendments, as they relate to development regulations within the Downtown Station Area Specific Plan area, El Camino Real/Chestnut Area Plan District, Use Permit review authority and Appeals and Calls for Review authority, are minor in nature, the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the EIR adopted for either Specific Plan or the IS/ND prepared for the Zoning Ordinance Update, nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review. ATTACHMENT 1 DRAFT ZONING TEXT AMENDMENT ORDINANCE 1 ORDINANCE NO. ________ CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA AN ORDINANCE AMENDING THE SOUTH SAN FRANCISCO MUNICIPAL CODE CHAPTER 20.270 (“EL CAMINO REAL/CHESTNUT AVENUE AREA PLAN DISTRICT”) TO MAKE CHANGES TO THE LAND USE REGULATIONS AND DEVELOPMENT STANDARDS; CHAPTER 20.280 (“DOWNTOWN STATION AREA SPECIFIC PLAN DISTRICT”) TO MAKE CHANGES TO THE LAND USE REGULATIONS AND DEVELOPMENT STANDARDS; CHAPTER 20.490 (“USE PERMITS”) TO CLARIFY CONDITIONAL USE PERMIT REVIEW AUTHORITY; AND CHAPTER 20.570 (“APPEALS AND CALLS FOR REVIEW”) TO MODIFY CALL FOR REVIEW AUTHORITY FOR THE CITY COUNCIL FOR PLANNING COMMISSION REVIEWED PROJECTS. WHEREAS, on January 28, 2015 the City Council for the City of South San Francisco considered and adopted the Downtown Station Area Specific Plan (“DSASP”) and associated Draft and Final Environmental Impact Reports; and WHEREAS, since the time of adoption, minor revisions to the adopted zoning to implement the DSASP have been identified to clarify development regulations; and WHEREAS, the City Council has also expressed a desire to have discretionary review authority for new downtown development projects; and WHEREAS, consistent with this new authority in the DSASP area, staff has recommended that similar review authority also be provided for the El Camino Real/Chestnut Avenue Area Plan District (“ECR/CH Plan”); and WHEREAS, providing the City Council with final review authority will assure that new developments are consistent with the DSASP and ECR/CH Plan, community priorities, and City Council preferences to ensure civic-wide benefits for existing and future residents; and WHEREAS, the City has prepared a Zoning Amendment (“Amendment”) to the City’s Zoning Ordinance, including refinements to Chapter 20.270 for the El Camino Real/Chestnut Avenue Area Plan District, 20.280 for the Downtown Station Area Specific Plan District, clarifications to Chapter 20.490 for Use Permit authority, and modifications to Chapter 20.570 to provide the City Council with revised appeal authority for Planning Commission reviewed projects; and WHEREAS, these Amendments are consistent with the previous preparation, circulation, consideration, and adoption of the ECR/CH Plan EIR and DSASP EIR in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. (“CEQA”), in which both EIR s analyzed the environmental impacts of adopting the Plans and associated Zoning Ordinance amendments and concluded that adoption of the Plans could have 2 significant effects on the environment because some of the impacts required to be analyzed under CEQA would exceed established thresholds of significance; and WHEREAS, the City Council adopted the ECR/CH Plan EIR and a Statement of Overriding Considerations that evaluated the benefits of the ECR/CH Plan against its unavoidable impacts on May 25, 2011; and WHEREAS, the City Council adopted the DSASP EIR and a Statement of Overriding Considerations that evaluated the benefits of the DSASP against its unavoidable impacts on January 28, 2015; and WHEREAS, the Zoning Ordinance was adopted after preparation, circulation, consideration, and adoption of an Initial Study/Negative Declaration (“IS/ND”) in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. (“CEQA”), in which the IS/ND analyzed the environmental impacts of adopting the Zoning Ordinance and concluded that adoption of the Zoning Ordinance could not have a significant effect on the environment because none of the impacts required to be analyzed under CEQA would exceed established thresholds of significance; and WHEREAS, the refinements, clarifications, and/or corrections set forth in this Amendment, as they relate to development regulations within the DSASP area and review authority for the City Council in the ECR/CH and DSASP Plan, and broader City Council call for review authority over Planning Commission reviewed projects are minor in nature, the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the EIRs adopted for both the ECR/CH and DSASP Plan or the IS/ND prepared for the Zoning Ordinance Update, nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review. NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the Record before it, as described below, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION I. FINDINGS. Based on the entirety of the record as described above, the City Council for the City of South San Francisco hereby makes the following findings: 3 I. General Findings 1. The foregoing recitals are true and correct and made a part of this Ordinance. 2. The Record for these proceedings, and upon which this Ordinance is based, includes without limitation, Federal and State law; the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. (“CEQA”)) and the CEQA Guidelines (14 California Code of Regulations § 15000, et seq.); the South San Francisco General Plan and General Plan EIR, including all amendments and updates thereto; the South San Francisco Municipal Code; the adopted South San Francisco Downtown Station Area Specific Plan, prepared by BMS Design Group; the South San Francisco Downtown Station Area Specific Plan EIR, including the Draft and Final EIR, and all appendices thereto; the adopted El Camino Real/Chestnut Avenue Area Plan, prepared by Dyett and Bhatia; the El Camino Real/Chestnut Avenue Area Plan EIR, including the Draft and Final EIR, and all appendices thereto; all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed September 17, 2015 meeting; all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed December 17, 2015 meeting; all reports, minutes, and public testimony submitted as part of the City Council’s duly noticed October 28, 2015 study session meeting; and all reports, minutes, and public testimony submitted as part of the City Council’s duly noticed February 10, 2016 meeting; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2) 3. The refinements, clarifications, and/or corrections set forth in this Amendment, as they relate to development regulations within the DSASP area and ECR/CH Plan areas, and the revisions to the Use Permit review authority and the Appeals and Calls for Review chapter, are minor in nature, the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the EIRs adopted for both the DSASP and ECR/CH Plan on January 28, 2015, and May 25, 2011, respectively or the IS/ND prepared for the Zoning Ordinance Update, nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review. 4. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of Chief Planner, Sailesh Mehra. II. Zoning Text Amendment Findings 1. As described in Section II, adoption of the proposed Zoning Ordinance Amendments will include revisions to Title 20 of the South San Francisco Municipal Code, to reflect minor changes to the Downtown Station Area Specific Plan District (SSFMC 20.280), modify the land use regulations and development standards for new development projects within the Downtown Station Area Specific Plan District and El Camino Real/Chestnut Avenue Area 4 Plan District (SSFMC 20.270), clarify Use Permit authority (SSFMC 20.490), and modify the appeals and call up process for development projects (SSFMC 20.570). 2. The proposed Zoning Ordinance Amendments are consistent with the General Plan because the Ordinance Amendments will continue to reinforce many of the General Plan policies related to land use, specifically pedestrian-friendly mixed-use, infill development, and improved linkages to a transit center as defined in the General Plan. Further, the Zoning Ordinance Amendments do not conflict with any specific plans, and will remain consistent with the City’s overall vision for community development, economic vitality, and redevelopment in the downtown and along the El Camino Real and Chestnut Avenue corridors. None of the new or revised definitions, tables, figures and land uses will conflict with or impede achievement of any of the goals, policies, or land use designations established in the General Plan. 3. The areas of the City impacted by the proposed Zoning Ordinance Amendments are suitable for the proposed uses. The Zoning Ordinance Amendments will allow for clarification of development regulations throughout the DSASP area and ECR/CH Plan areas to provide consistency with the DSASP and ECR/CH Plan, community priorities, and City Council preferences to ensure civic-wide benefits for existing and future residents, and a more robust array of development and land uses in the downtown and along the El Camino Real and Chestnut Avenue corridors. Although specific parcels would be affected as part of the Zoning Ordinance Amendments, the impact would be beneficial since property owners would have a wider set of standards to improve or develop upon their property and new zoning regulations would guide the development and performance of properties within the Downtown Station Area Specific Plan. The Zoning Ordinance Amendments are consistent with General Plan policies, specifically those policies related to community development, economic vitality, vibrant walkability, and redevelopment in the downtown and along the El Camino Real and Chestnut Avenue corridors. Modifications to the Use Permits and Appeals and Calls for Review chapters would not affect or change land use citywide and no land use impact is expected. 4. The proposed Zoning Ordinance Amendments are not detrimental to the use of land in any adjacent zone because the Ordinance Amendments would provide for sufficient development, land use, and performance standards related to new development or alteration. More specifically, the Zoning Ordinance Amendments include regulations to allow a wider array of commercial and employment uses within the DSASP area, new development standards for the Linden Community Commercial (LCC) and Linden Neighborhood Commercial (LNC) zoning districts, modifications to storage requirements for new residential development projects, clarifications to Use Permit authority, and provision of a modified call for review authority for the City Council. The proposed Ordinance Amendments will not be detrimental to the public interest, convenience, or welfare of the City or land within the City; instead, the Ordinance amendments will bolster the public interest by ensuring orderly and suitable infill development and design review, as recommended in the General Plan’s land use element and Downtown and El Camino Real planning sub-areas. 5 SECTION II. AMENDMENTS. The City Council hereby amends the following sections of the South San Francisco Municipal Code to read as follows (with text in strikeout indicating deletion and double underline indicating addition). Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. A. Revise Chapter 20.280 Downtown Station Area Specific Plan District to read as follows: 1. Revise Table 20.280.003 Land Use Regulations to allow Clean Technologies, Handicraft/Custom Manufacturing, and Research and Development use classifications in the following zoning sub-districts: Uses Permitted DTC GAC DRC TO/RD LCC LNC Additional Regulations Employment Use Classifications Clean Technologies MUP P (3) - P MUP MUP Handicraft/Custom Manufacturing MUP P (3) - P MUP MUP Research and Development MUP P (3) - P MUP MUP Limitations: 1. Permitted if existing. New units not allowed. 2. Limited to facilities serving a maximum of 10 victims and may not be located within 300 feet of any other domestic violence shelter. 3. Prohibited on the ground floor except residential uses located south of Baden Avenue, banks and walk-in offices which are subject to approval of a Use Permit. 4. Subject to licensing requirements. 5. Limited to upper stories unless at least 50 percent of the ground floor street frontage is occupied by food service uses. 6. Must be located at least 1,000 feet from any other social service facility. Clinic uses may not occupy the ground floor along Grand Avenue, except on properties located west of Maple Avenue, which are subject to the approval of a conditional use permit. 2. Revise Table 20.280.004-2 Building Form and Location Standards to clarify regulations for the Linden Commercial Corridor (LCC) and Linden Neighborhood Commercial (LNC) zoning sub-districts: Standard DTC GAC DRC TORD LCC LNC Additional Standards Height (ft) 6 Maximum Building Height 85 45-65 (1)(2) 65 FAA allowed 50 50 See Section 20.300 Height and Height Exceptions Minimum Ground Floor Height for non- residential uses 15; 12 min clearance 15; 12 min clearance 15; 12 min clearance 15;12 min clearance 15; 12 min clearance 15; 12 min clearance See above and Section 20.280.005(B)(1) Maximum Finished Floor Height (residential) 5 n/a 5 n/a 5 5 See above Yards (ft) Grand Avenue (east and west) Frontage n/a 0 n/a 0 n/a n/a Pedestrian Priority Zone Street Frontage At property line or 10 feet from curb (whichever is greater) n/a At property line or 10 feet from curb (whichever is greater) n/a At property line or 9 feet from curb (whichever is greater) n/a At property line or 9 feet from curb (whichever is greater) Eastern Neighborhood Streets except Grand Avenue Frontage n/a n/a n/a 20 n/a n/a Interior Side 0; 10 when abutting residential district 0 0; 10 when abutting residential district n/a 0 n/a 0 Rear 0, 10 when abutting an R district (F) (E) 0 20 (F) (E) 10 for the first two stories, 15 thereafter (C) 0, 10 when abutting an R district (E) 0, 10 when abutting an R district (E) Maximum Lot Coverage (% of lot) 100 100 90 85 75 90 See Chap. 20.040 Rules of Measurement Limitations: 1. Height break would occur a minimum of 30 feet from the front of the building 2. Corner properties may be exempt from this requirement, subject to evaluation by the decision-making authority in the review process and consistent with the Downtown Station Area Specific Plan design guidelines 7 3. Revise Table 20.280.004-3 Open Space and Landscaping Standards to clarify regulations for the Linden Commercial Corridor (LCC) zoning sub-district: Standard DTC GAC DRC TORD LCC LNC Additional Standards Minimum Usable Open Space (sq ft per res. unit) 100 100 100 Refer to Section 20.280.0 07(K) 100 150 See Supplemental Regulations 20.100.004(D)(10) Minimum Amount of Landscaping (% of site) n/a n/a n/a 15 n/a 10 See Section 20.300.007 Landscaping 4. Revise Section 20.280.005 Additional Development Standards to modify the Private Storage Space requirements to provide design flexibility for residential development projects: F. Private Storage Space. Each residential unit shall have at least 200 cubic feet of enclosed, weather-proofed, and lockable private storage space with a minimum horizontal dimension of four feet. The total number of private storage spaces may be reduced up to 25% by the Chief Planner to address operational characteristics that are incompatible with the storage requirement; the total number of private storage spaces may be reduced up to 50% by the Chief Planner if the storage is located proximate to the residential unit. 5. Revise Table 20.280.003 Land Use Regulations for Downtown Station Area Specific Plan Sub-Districts to require a Conditional Use Permit for Multiple-Unit Residential classifications: Uses Permitted DTC GAC DRC TO/RD LCC LNC Additional Regulations Residential Use Classifications Single-Unit Dwelling See sub-classifications below Single Unit Detached (1) (1) (1) - (1) (1) Second Unit (1) (1) (1) - (1) (1) See Section 20.350.035 Second Dwelling Units Single Unit Semi-Attached (1) (1) (1) - (1) (1) Single-Unit Attached (1) (1) (1) - (1) (1) Multiple-Unit Residential See sub-classifications below Duplex (1) - (1) - (1) (1) Multi-Unit PC PC(3) PC(3) - PC(3) PC(3) Senior Citizen Residential PC - PC - PC(3) PC(3) 8 Limitations: 1. Permitted if existing. New units not allowed. 2. Limited to facilities serving a maximum of 10 victims and may not be located within 300 feet of any other domestic violence shelter. 3. Prohibited on the ground floor except residential uses located south of Baden Avenue, banks and walk-in offices which are subject to approval of a Use Permit. 6. Revise Section 20.280.005 Additional Development Standards for the Downtown Station Area Specific Plan District to require Conditional Use Permit approval by the City Council for projects requesting the Increased Density and FAR Incentive Program: A. Increased Density and FAR Incentive Program. An increase to the maximum FAR or maximum density as referenced in Table 20.280.004-1 may be permitted for buildings with the approval of a Conditional Use Permit by the City Council through the satisfaction of a combination of the following public benefits: B. Revise Chapter 20.270 El Camino Real/Chestnut Avenue Area Plan District to read as follows: 1. Revise Table 20.270.003 Land Use Regulations for El Camino Real/Chestnut Sub- Districts to require a Conditional Use Permit for Multiple-Unit Residential classifications: Uses Permitted ECR/C- MXH ECR/C- MXM ECR/C- RH Additional Regulations Residential Use Classifications Single-Unit Dwelling See sub-classifications below Single-Unit Attached P(1) P P Multiple-Unit Residential See sub-classifications below Multi-Unit PC(1) PC PC Senior Citizen Residential PC(1) PC PC Limitations: 1. Not permitted on the ground floor along El Camino Real, Chestnut Avenue, Oak Avenue, or BART right- of-way south of Oak Avenue. 2. Revise Section 20.270.004 Development Standards for the El Camino Real/Chestnut Avenue Plan District to require Conditional Use Permit approval by the City Council for projects requesting the Increased Density, FAR, and/or Height Incentive Program: A. Increased Density, FAR and/or Height. An increase in FAR, density, and height may be achieved for buildings through a combination of the following, subject to Conditional Use Permit approval by the City Council: 9 C. Revise Chapter 20.490 Use Permits to read as follows: 1. Revise Section 20.490.003 Procedures to modify the Conditional Use Permit authority language to allow for City Council review of projects requesting an Incentive Program density, FAR, and/or height increase: A. Review Authority. 1. Conditional Use Permits. Unless otherwise specified in the Municipal Code, the The Planning Commission shall approve, conditionally approve, or deny applications for Conditional Use Permits based on consideration of the requirements of this chapter. D. Revise Chapter 20.570 Appeals and Calls for Review to read as follows: 1. Revise Section 20.570.006 Calls for Review to create flexibility for the City Council to call up specific projects for discretionary review: 20.570.006 Calls for Review A majority Two or more members of the Planning Commission may call for review of a decision of the Chief Planner and a majority two or more members of the City Council may call for review of a decision of the Chief Planner or Planning Commission within the 15-day appeal period. The call for review shall be processed in the same manner as an appeal by any other person. Such action by the Commission or Council shall stay all proceedings in the same manner as the filing of an appeal. Such action shall not require any statement of reasons and shall not represent opposition to or support of an application or appeal. Within two (2) business days of a Zoning Administrator hearing, the Planning Commission Clerk shall submit a notice of all Zoning Administrator discretionary action to the Planning Commission, following which any member of the Planning Commission may request a call for review of a decision by submitting a notice in writing to the Planning Commission Clerk or noting so on the record at a Planning Commission hearing within the 15-day appeal period. If two (2) or more Planning Commissioners submit a notice in writing to the Planning Commission Clerk requesting a call for review of a decision or two (2) or more Planning Commissioners request a call for review of a decision by noting so on the record at a Planning Commission hearing, the call for review shall become effective and the Chief Planner shall set a public hearing in accordance with the provisions of Chapter 20.450. The Planning Commission Clerk’s notice of Zoning Administrator discretionary approvals submitted to the Planning Commission shall include the date by which a call for review by a Planning Commissioner must be received by the Planning Commission Clerk or noted on the record at a Planning Commission hearing. Any other decision of the Chief Planner that the Planning Commission wishes to call for review may be called for review by at least two (2) Planning Commissions through the process outlined above. Within two (2) business days of the completion of a Planning Commission hearing, the Secretary to the Planning Commission shall submit a notice of all Planning Commission discretionary action to the City Clerk for distribution to the City Council, following which any member of the 10 City Council may request a call for review of a decision by submitting a notice in writing to the City Clerk or noting so on the record at a City Council hearing within the 15-day appeal period. If two (2) or more Councilmembers submit a notice in writing to the City Clerk requesting a call for review of a decision or two (2) or more Councilmembers request a call for review of a decision by noting so on the record at a City Council hearing, the call for review shall become effective and the City Clerk shall set a public hearing in accordance with the provisions of Chapter 20.450. The City Clerk’s notice of discretionary approvals submitted to the City Council shall include the date by which a call for review by a Councilmember must be received by the City Clerk or noted on the record at a City Council hearing. SECTION III. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION IV. PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk ’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. * * * * * * * Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 10th day of February, 2016. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the _____ day of _____________, 2016 by the following vote: AYES:_______________________________________________________________________ NOES:_______________________________________________________________________ 11 ABSTENTIONS:_______________________________________________________________ ABSENT:_____________________________________________________________________ Attest:__________________________________ Krista Martinelli, City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this _____ day of _____________, 2016. Mayor 2597527.1 12 ATTACHMENT 2 PLANNING COMMISSION RESOLUTION 2781-2015 13 RESOLUTION NO._2781-2015_ PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION MAKING FINDINGS AND RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING THE SOUTH SAN FRANCISCO MUNICIPAL CODE CHAPTER 20.270 (“EL CAMINO REAL/CHESTNUT AVENUE AREA PLAN DISTRICT”) TO MAKE CHANGES TO THE LAND USE REGULATIONS; CHAPTER 20.280 (“DOWNTOWN STATION AREA SPECIFIC PLAN DISTRICT”) TO MAKE CHANGES TO THE LAND USE REGULATIONS AND DEVELOPMENT STANDARDS; CHAPTER 20.490 (“USE PERMITS”) TO CLARIFY CONDITIONAL USE PERMIT REVIEW AUTHORITY; AND CHAPTER 20.570 (“APPEALS AND CALLS FOR REVIEW”) TO MODIFY CALL FOR REVIEW AUTHORITY FOR THE CITY COUNCIL FOR PLANNING COMMISSION REVIEWED PROJECTS. WHEREAS, on January 28, 2015 the City Council for the City of South San Francisco considered and adopted the Downtown Station Area Specific Plan (“DSASP”) and associated Draft and Final Environmental Impact Reports; and WHEREAS, since the time of adoption, minor revisions to the adopted zoning to implement the DSASP have been identified to clarify development regulations; and WHEREAS, the City Council has also expressed a desire to have discretionary review authority for new downtown development projects; and WHEREAS, consistent with this new authority in the DSASP area, staff has recommended that similar review authority also be provided for the El Camino Real/Chestnut Avenue Area Plan District (“ECR/CH Plan”); and WHEREAS, providing the City Council with final review authority will assure that new developments are consistent with the DSASP and ECR/CH Plan, community priorities, and City Council preferences to ensure civic-wide benefits for existing and future residents; and WHEREAS, the City has prepared a Zoning Amendment (“Amendment”) to the City’s Zoning Ordinance, including refinements to Chapter 20.270 for the El Camino Real/Chestnut Avenue Area Plan District, 20.280 for the Downtown Station Area Specific Plan District, clarifications to Chapter 20.490 for Use Permit authority, and modifications to Chapter 20.570 to provide the City Council with revised call for review authority for Planning Commission reviewed projects; and WHEREAS, these Amendments are consistent with the previous preparation, circulation, consideration, and adoption of the ECR/CH Plan EIR and DSASP EIR in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. 14 (“CEQA”), in which both EIRs analyzed the environmental impacts of adopting the Plans and associated Zoning Ordinance amendments and concluded that adoption of the Plans could have significant effects on the environment because some of the impacts required to be analyzed under CEQA would exceed established thresholds of significance; and WHEREAS, the City Council adopted the ECR/CH Plan EIR and a Statement of Overriding Considerations that evaluated the benefits of the ECR/CH Plan against its unavoidable impacts on May 25, 2011; and WHEREAS, the City Council adopted the DSASP EIR and a Statement of Overriding Considerations that evaluated the benefits of the DSASP against its unavoidable impacts on January 28, 2015; and WHEREAS, the Zoning Ordinance was adopted after preparation, circulation, consideration, and adoption of an Initial Study/Negative Declaration (“IS/ND”) in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. (“CEQA”), in which the IS/ND analyzed the environmental impacts of adopting the Zoning Ordinance and concluded that adoption of the Zoning Ordinance could not have a significant effect on the environment because none of the impacts required to be analyzed under CEQA would exceed established thresholds of significance; and WHEREAS, the refinements, clarifications, and/or corrections set forth in this Amendment, as they relate to development regulations within the DSASP area and review authority for the City Council in the ECR/CH and DSASP Plan, , and broader City Council call for review authority over Planning Commission reviewed projects are minor in nature, the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the EIRs adopted for both the ECR/CH and DSASP Plan or the IS/ND prepared for the Zoning Ordinance Update, nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review; and WHEREAS, on December 17, 2015 the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the proposed Amendment, take public testimony, and make a recommendation to the City Council on the project. NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the South San Francisco General Plan and General Plan EIR, including all amendments and updates thereto; the South San Francisco Municipal Code; the adopted South San Francisco Downtown Station Area Specific Plan, prepared by BMS Design 15 Group; the South San Francisco Downtown Station Area Specific Plan EIR, including the Draft and Final EIR, and all appendices thereto; the adopted El Camino Real/Chestnut Avenue Area Plan, prepared by Dyett and Bhatia; the El Camino Real/Chestnut Avenue Area Plan EIR, including the Draft and Final EIR, and all appendices thereto; all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed September 17, 2015 meeting; all reports, minutes, and public testimony submitted as part of the City Council’s duly noticed October 28, 2015 study session meeting; all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed December 17, 2015 meeting; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the Planning Commission of the City of South San Francisco hereby finds as follows: SECTION 1 FINDINGS I. General Findings 1. The foregoing recitals are true and correct and made a part of this Resolution. 2. The Exhibits attached to this Resolution, including the proposed Zoning Text Amendments (Exhibit A) are each incorporated by reference and made a part of this Resolution, as if set forth fully herein. 3. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of Chief Planner, Sailesh Mehra. II. Zoning Text Amendment Findings 1. As described in Section II and attached as Exhibit A, adoption of the proposed Zoning Ordinance Amendments will include revisions to Title 20 of the South San Francisco Municipal Code, to reflect minor changes to the Downtown Station Area Specific Plan District (SSFMC 20.280), modify the land use regulations for new development projects within the Downtown Station Area Specific Plan District and El Camino Real/Chestnut Avenue Area Plan District (SSFMC 20.270), clarify Use Permit authority (SSFMC 20.490), and modify the appeals and call up process for development projects (SSFMC 20.570). 2. The proposed Zoning Ordinance Amendments are consistent with the General Plan because the Ordinance Amendments will continue to reinforce many of the General Plan policies related to land use, specifically pedestrian-friendly mixed-use, infill development, and improved linkages to a transit center as defined in the General Plan. Further, the Zoning Ordinance Amendments do not conflict with any specific plans, and will remain consistent with the City’s overall vision for community development, economic vitality, and redevelopment in the downtown and along the El Camino Real and Chestnut Avenue corridors. None of the new or revised definitions, tables, figures and land uses will conflict with or impede achievement of any of the goals, policies, or land use designations established in the General Plan. 16 3. The areas of the City impacted by the proposed Zoning Ordinance Amendments are suitable for the proposed uses. The Zoning Ordinance Amendments will allow for clarification of development regulations throughout the DSASP area and ECR/CH Plan areas to provide consistency with the DSASP and ECR/CH Plan, community priorities, and City Council preferences to ensure civic-wide benefits for existing and future residents, a more robust array of development and land uses in the downtown and along the El Camino Real and Chestnut Avenue corridors. Although specific parcels would be affected as part of the Zoning Ordinance Amendments, the impact would be beneficial since property owners would have a wider set of standards to improve or develop upon their property and new zoning regulations would guide the development and performance of properties within the Downtown Station Area Specific Plan. The Zoning Ordinance Amendments are consistent with General Plan policies, specifically those policies related to community development, economic vitality, vibrant walkability, and redevelopment in the downtown and along the El Camino Real and Chestnut Avenue corridors. Modifications to the Use Permits and Appeals and Calls for Review chapters would not affect or change land use citywide and no land use impact is expected. 4. The proposed Zoning Ordinance Amendments are not detrimental to the use of land in any adjacent zone because the Ordinance Amendments would provide for sufficient development, land use, and performance standards related to new development or alteration. More specifically, the Zoning Ordinance Amendments include regulations to allow a wider array of commercial and employment uses within the DSASP area, new development standards for the Linden Community Commercial (LCC) and Linden Neighborhood Commercial (LNC) zoning districts, modifications to storage requirements for new residential development projects, clarify Use Permit authority, and provide modified appeal authority for the City Council. The proposed Ordinance Amendments will not be detrimental to the public interest, convenience, or welfare of the City or land within the City; instead, the Ordinance amendments will bolster the public interest by ensuring orderly and suitable infill development and design review, as recommended in the General Plan’s land use element and Downtown and El Camino Real planning sub-areas. SECTION 2 RECOMMENDATION NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of South San Francisco hereby makes the findings contained in this Resolution, and recommends that the South San Francisco City Council adopt an ordinance amending Chapters 20.270, 20.280, 20.490 and 20.570, attached as Exhibit A. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. * * * * * * * 17 I hereby certify that the foregoing resolution was adopted by the Planning Commission of the City of South San Francisco at a special meeting held on the 17th day of December, 2015 by the following vote: AYES:___Chairperson Wong , Vice-Chairperson Khalfin, Commission Faria, Commissioner Lujan, Commissioner Nagales, Commissioner Ruiz ______________________ NOES:________________________________________________________________ ABSTENTIONS:________________________________________________________ ABSENT:______________________________________________________________ Attest:___/s/Sailesh Mehra_____________ Sailesh Mehra Secretary to the Planning Commission 18 ATTACHMENT 3 PLANNING COMMISSION MINUTES FOR DECEMBER 17, 2015 19 December 17, 2015 Minutes Page 1 of 3 The video recording of this Regular Planning Commission meeting can be found at http://www.ssf.net/1996/Planning-Commission MINUTES December 17, 2015 CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION CALL TO ORDER / PLEDGE OF ALLEGIANCE TIME: 7:00 P.M. ROLL CALL / CHAIR COMMENTS PRESENT: Commissioners Faria, Lujan, Martin, Nagales, and Ruiz, Vice Chairperson Khalfin, and Chairperson Wong ABSENT: None Chairperson Wong called a moment of silence for the passing of former Planning Commission member, Rick Ochsenhirt. Commissioner Nagales asked that the meeting adjourn in his honor. AGENDA REVIEW None. CONSENT CALENDAR None. PUBLIC HEARING 1. Multi-Family Residential - Sares Regis The City of SSF/Owner Miller Cypress SSF, LLC/Applicant Miller Avenue & Airport Blvd P15-0036: UP15-0027, DR15-0032, WM15-0001, DA15-15-0003 & PE15-0004 Request for a Conditional Use Permit and Design Review to construct two new seven-story residential buildings with a total of 260 units at both corners of Airport Boulevard and Miller Avenue (309, 315, 401-421 Airport Boulevard), a private residential parking lot at 405 Cypress Avenue, and twelve (12) townhome units at 216 Miller Avenue; request for Modification to private storage and building height zoning standards; request for a Parking Exemption to reduce provided parking by 25% to accommodate a portion of compact parking spaces designed for the project; and consideration of a Development Agreement. Parcels are located in the Downtown Transit Core (DTC) or Grand Avenue Core (GAC) Zoning Districts and the Conditional Use Permit, Design Review, Waiver and Modification, Parking Exemption requests and Development Agreement are in accordance with SSFMC Chapters 20.280, 20.330, 20.480, 20.490, 20.510 & 19.60. Public Hearing Opened: 7:04 P.M. Planning Manager Sailesh Mehra notified the Commission that the applicant would like to request a continuance to the January 21, 2016 meeting. The applicant, Ken Busch was introduced and requested a continuance of this item. ORAL COMMUNICATIONS None. 20 December 17, 2015 Minutes Page 2 of 3 Public Hearing Closed: 7:06 P.M. Motion – Commission Faria/Second – Commissioner Lujan to approve continuance of this item to the January 21, 2016 meeting. Approved by roll call vote (7-0-0). 2. Changes to the Downtown Station Area Specific Plan and El Camino Real/Chestnut Avenue Area Plan Land Use Regulations; and Modification to the City Council Appeal Authority City of South San Francisco/Owner/Applicant Citywide P11-0097: ZA15-0009 Zoning Text Amendments to amend the South San Francisco Municipal Code Chapter 20.270 (“El Camino Real/Chestnut Avenue Area Plan District”) to make changes to the land use regulations; Chapter 20.280 (“Downtown Station Area Specific Plan District”) to make changes to the land use regulations and development standards; Chapter 20.490 (“Use Permits”) to clarify Conditional Use Permit review authority, and Chapter 20.570 (“Appeals and Calls for Review”) to revise call for review authority, and determination that the project will not result in any new significant environmental impacts and is consistent with the certified EIR. Public Hearing Opened: 7:08 P.M. Speakers: Ken Busch, Edwin Law Public Hearing Closed: 7:18 P.M. Commission Discussion begins 00:22:33 in video recording. • The Commission concurred that they will defer to staff in regards to the reduction in the storage requirement. Commissioner Lujan expressed that though there is no preference in the amount of reduction, she echoed the Commission that providing storage is necessary for residents. • In regards to the portion of the amendments that discusses adding another step to the approval process for certain projects, Staff clarified that only a few projects will ever undergo this additional review process with the Council. Commissioner Martin emphasized that he does not want to make it more difficult for businesses wanting to invest in the City by creating a longer process that may create uncertainty. Vice Chairperson Khalfin added that this process doesn’t have to be uncertain and could be formalized when it is heard to Council to aid in various decisions such as specific Community Benefits. Motion – Commissioner Lujan/Second – Commissioner Nagales to adopt Resolution that the City Council adopt an ordinance amending proposed changes to SSFMC Chapter 20.270, 20.280 and 20.570. Approved by roll call vote (7-0-0). Motion – Commission Lujan/Second – Vice Chairperson Khalfin to amend previous motion to include a tiered storage element to the Resolution with a 25% and 50% reduction in required storage in relation to units. Approved by roll call vote (7-0-0). ADMINISTRATIVE BUSINESS 3. Model Water Efficient Landscape Ordinance Requirements and Update – Adena Friedman, Senior Planner 4. Vision Zero and the Vision Zero Toolkit Presentation - Emma Shales of the Silicon Valley Bicycle Coalition ITEMS FROM STAFF 5. Discussion on Commissioner Emails – Lindsay D’Andrea, City Attorney ITEMS FROM COMMISSION None. ITEMS FROM THE PUBLIC None. 21 December 17, 2015 Minutes Page 3 of 3 ADJOURNMENT Chairperson Wong adjourned the meeting at 9:51 P.M. Sailesh Mehra Alan Wong, Chairperson Secretary to the Planning Commission Planning Commission City of South San Francisco City of South San Francisco SM/jmb 22 ATTACHMENT 4 STAFF PRESENTATION 23 2/1/2016 1 City Council Hearing February 10, 2016 1 October, 2015 Study Session -City Council (CC) expressed desire to have additional review authority for new development projects Staff has revised the Zoning Amendment Some minor inconsistencies in DSASP are also fixed 24 2/1/2016 2 Requires Use Permit for multi-family residential projects in DSASP and ECR/C zoning districts Requires CC approval for projects proposing community benefits Amends Call for Review Process –CC member can submit request in writing for special review during 15 day appeal period 3 Ex: A proposed 10 unit rental project in DSASP: Requires a Use Permit approval by Planning Commission; City Council can call for review Ex: A proposed 100 unit rental project requesting density incentive in DSASP or ECR/C: Requires a Use Permit approval by City Council 4 25 2/1/2016 3 The Planning Commission considered the changes at the December 17, 2015 hearing and recommended approval by a vote of 7-0. 5 It is recommended that the City Council take the following actions: Introduce Ordinance ZA15-009 and waive reading Review and provide further direction regarding proposed minor changes to regulations in the DSASP and ECR/Chestnut Plan areas. 26