Reso 23-169 Reso 2022 - PLN21-0031 SPR, CUP, Adm Exception

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BE IT FURTHER RESOLVED that the City Council's approval of the Project is subject to the following conditions of approval: MITIGATION MEASURES 1. AQ-1: BAAQMD Basic Construction Mitigation Measures - The project applicant shall require all construction contractors to implement the basic construction mitigation measures recommended by BAAQMD to reduce fugitive dust emissions. Emission reduction measures will include, at a minimum, the following measures: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day; and b. All haul trucks transporting soil, sand, or other loose material off -site shall be covered; and c. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping shall be prohibited; and d. All vehicle speeds on unpaved roads shall be limited to 15 mph; and e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used; and f. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph; and g. All trucks and equipment, including their tires, shall be washed off prior to leaving the site; and h. Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch compacted layer of wood chips, mulch, or gravel; and i. Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations; and 2. 1310-1: Nesting Bird Avoidance and Minimization Measures -The following avoidance and minimization measures shall be implemented during project construction activities: • Initial site disturbance should occur outside the general avian nesting season (February 1 through September 15), if feasible; and • If initial site disturbance occurs in a work area within the general avian nesting season indicated above, a qualified biologist shall conduct a pre -construction nesting bird survey no more than 14 days prior to initial disturbances in the work area. The survey shall include the entire area of disturbance area plus a 50-foot buffer (relevant to non -raptor species) and 300-foot buffer (relevant to raptors) around the site. If active nests are located, all construction work shall be conducted outside a buffer zone from the nest to be determined by the qualified biologist. The buffer should be a minimum of 50 feet for non -raptor bird species and at least 300 feet for raptor species. Larger buffers may be required and/or smaller buffers may be established depending upon the species, status of the nest, and construction activities occurring in the vicinity of the nest. The buffer area(s) shall be closed to all construction personnel and equipment until the adults and young are no longer reliant on the nest site. A qualified biologist shall confirm that breeding/nesting is completed and young have fledged the nest prior to removal of the buffer; and • If construction activities in a given work area cease for more than 14 days, additional surveys shall be conducted for the work area. If active nests are located, the aforementioned buffer zone measures shall be implemented; and