Reso 2022-085 Approving Third Addendum and Planning Entitlements

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92. Pursuant to Mitigation Measure CULT-4, if human skeletal remains are uncovered during construction, the contractor shall immediately halt work within 50 feet of the find, contact the Alameda County coroner to evaluate the remains, and follow the procedures and protocols set forth in Section 15064.5(e)(1) of the CEQA Guidelines. The Coroner shall then determine whether the remains are Native American. If the Coroner determines the remains are Native American, the Coroner shall notify the Native American Heritage Commission (NAHC) within 24 hours, who will, in turn, notify the person the NAHC identifies as the Most Likely Descendant (MLD) of any human remains (Health and Safety Code Section 7050.5, subdivision (c), and Public Resources Code 5097.98 [as amended by AB 2641]). Further actions shall be determined, in part, by the desires of the MLD. The MLD has 48 hours to make recommendations regarding the disposition of the remains following notification from the NAHC of the discovery. Per Public Resources Code 5097.98, the contractor shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the human remains are located, is not damaged or disturbed by further development activity until the contractor has discussed and conferred, as prescribed in this section (California Public Resources Code Section 5097.98), with the MLD regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. If the MLD does not make recommendations within 48 hours, the Project Applicant/Developershall, with appropriate dignity, reinter the remains in an area of the property secure from further disturbance. Alternatively, if the owner does not accept the MLD's recommendations, the Project Applicant/Developer or the descendent may request mediation by the NAHC. 93. The Applicant/Developer shall maintain the property to be free of litter, weeds, debris, etc., both before and after issuance of building permits. Daily litter and debris collection rounds shall be conducted on the site and an adequate number of trash receptacles shall be provided to minimize litter accumulation. 94. Pest and vermin control shall be instituted prior to the demolition and construction of the project. 95. Potable water and temporary sanitary facilities shall be provided to workers during construction activities. Temporary sanitary facilities shall be kept in a clean and odorless condition, secured, and located away from nearby residences. 96. A copy of these Conditions of Approval shall be posted or made available on the job site during construction. IX. MAINTENANCE AND OPERATIONS 97. Property management shall maintain a copy of these Conditions of Approval in the leasing office and shall provide a copy to tenants and residents of the buildings upon request. 98. Smoking and vaping shall be prohibited within 25 feet of all common areas. A no -smoking sign shall be prominently displayed outdoors in the vicinity of common areas. All residents shall be notified of those areas where smoking and vaping is prohibited in accord with California Civil Code §1947.5. 99. No use, process, or activity shall produce dust that is perceptible without instruments by a reasonable person at the property lines of a site. Recommended Conditions of Approval June 21, 2022 PLN22-0008, PLN21-0020 & PLN21-0021 Page 21 of 39