Previous

Contents

 Next 

EXHIBIT L

Mitigation Measures and Conditions of Approval

(Design/Construction Period)

  1. Hydrology Mitigation Measures (Source: Mitigation Monitoring or Reporting Program 49ers Santa Clara Stadium Project, adopted March 1, 2010 ("MMRP"))
    • Burlap bags filled with drain rock shall be installed around storm drains to route sediment and other debris away from the drains.
    • Earthmoving or other dust-producing activities shall be suspended during periods of high winds.
    • All exposed or disturbed soil surfaces shall be watered at least twice daily to control dust as necessary.
    • Stockpiles of soil or other materials that can be blown by the wind shall be watered or covered.
    • All trucks hauling soil, sand, and other loose materials shall be covered and all trucks would be required to maintain at least two feet of freeboard. All paved access roads, parking areas, staging areas and residential streets adjacent to the construction sites shall be swept daily (with water sweepers). In addition, a tire wash system may be required.
    • Vegetation in disturbed areas shall be replanted as quickly as possible.
    • All unpaved entrances to the site shall be filled with rock to knock mud from truck tires prior to entering City streets. A tire wash system may also be employed at the request of the City.
    • A Storm Water Permit will be administered by the Regional Water Quality Control Board. Prior to construction grading for the proposed land uses, the project proponent will file a "Notice of Intent" (NOI) to comply with the General Permit and prepare a Storm Water Pollution Prevention Plan (SWPPP) which addresses measures that would be included in the project to minimize and control construction and post-construction runoff. Measures will include, but are not limited to, the aforementioned RWQCB mitigation.
    • The project proponent will submit a copy of the draft SWPPP to the City of Santa Clara for review and approval prior to start of construction on the project site. The certified SWPPP will be posted at the project site and will be updated to reflect current site conditions.
    • When construction is complete, a Notice of Termination (NOT) for the General Permit for Construction will be filed with the Regional Water Quality Control Board and the City of Santa Clara. The NOT will document that all elements of the SWPPP have been executed, construction materials and waste have been properly disposed of, and a post construction storm water management plan is in place as described in the SWPPP for the site.
    • As part of the mitigation for post-construction runoff impacts addressed in the SWPPP, the project will implement regular maintenance activities (i.e., sweeping, maintaining vegetative swales, litter control, and other activities as specified by the City) at the site to prevent soil, grease, and litter from accumulating on the project site and contaminating surface runoff. Storm water catch basins will be stenciled to discourage illegal dumping.
  2. Biological Mitigation Measures (Source: MMRP)
    • Construction shall be scheduled to avoid the nesting season to the extent feasible. The nesting season for most birds, including most raptors, in the San Francisco Bay area extends from February through August.
    • If it is not possible to schedule demolition and construction between September and January, then pre-construction surveys for nesting birds shall be completed by a qualified ornithologist to ensure that no nests will be disturbed during project implementation. This survey shall be completed no more than 14 days prior to the initiation of construction activities during the early part of the breeding season (February through April) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May through August). During this survey, the ornithologist will inspect all trees and other possible nesting habitats immediately adjacent to the construction areas for nests. If an active nest is found sufficiently close to work areas to be disturbed by construction, the ornithologist, in consultation with CDFG, will determine the extent of a construction-free buffer zone to be established around the nest, typically 250 feet, to ensure that raptor or migratory bird nests will not be disturbed during project construction.
  3. Hazardous Materials Mitigation Measures (Source: MMRP)

    On-Site Soil Contamination from Agricultural Land Uses

    • Prior to the issuance of grading permits, shallow soil samples shall be taken to determine the location of contaminated soils with concentrations above established construction/trench worker thresholds. The soil sampling plan must be reviewed and approved by the Santa Clara Fire Chief prior to initiation of work. Any contaminated soils found in concentrations above established thresholds shall be removed and disposed of according to California Hazardous Waste Regulations. The contaminated soil removed from the site shall be hauled off-site and disposed of at a licensed hazardous materials disposal site.
    • A Site Management Plan (SMP) will be prepared to establish management practices for handling impacted groundwater and/or soil material that may be encountered during site development and soil-disturbing activities. Components of the SMP will include: a detailed discussion of the site background; preparation of a Health and Safety Plan by an industrial hygienist; notification procedures if previously undiscovered significantly impacted soil or free fuel product is encountered during construction; on-site soil reuse guidelines based on the California Regional Water Quality Control Board, San Francisco Bay Region's reuse policy; sampling and laboratory analyses of excess soil requiring disposal at an appropriate off-site waste disposal facility; soil stockpiling protocols; and protocols to manage ground water that may be encountered during trenching and/or subsurface excavation activities. Prior to issuance of grading permits, a copy of the SMP must be approved by the City's Director of Planning and Inspection and the Santa Clara Fire Chief.
  4. Asbestos
    The proposed project will conform with the following regulatory programs and implement the following standard measures to reduce impacts due to the presence of ACMs:

    • In conformance with state and local laws, a visual inspection/pre-disassemble survey, and possible sampling, shall be conducted prior to the dismantling of the substation to determine the presence of asbestos containing materials.
    • All potentially friable ACMs shall be removed in accordance with NESGAP guidelines prior to dismantling that may disturb the materials. All dismantling activities will be undertaken in accordance with Cal/OSHA standards contained in Title 8 of CCR, Section 1529, to protect workers from exposure to asbestos.
    • A registered asbestos abatement contractor shall be retained to remove and dispose of ACMs identified in the asbestos survey performed for the site in accordance with the standards stated above.
    • Materials containing more than one percent asbestos are also subject to BAAQMD regulations. Removal of materials containing more than one percent asbestos shall be completed in accordance with BAAQMD requirements.

    Lead-Based Paint

    • In conformance with state and local laws, a visual inspection/pre-demolition survey, and possible sampling, shall be conducted prior to the demolition of on-site buildings to determine the presence of lead-based paint.
    • During demolition activities, all building materials containing lead-based paint shall be removed in accordance with Cal/OSHA Lead in Construction Standard, Title 8, California Code Regulations 1532.1, including employee training, employee air monitoring, and dust control.
    • Any debris or soil containing lead-based paint or coatings would be disposed of at landfills that meet acceptance criteria for the waste being disposed.

    Toxic Air Contaminants

    • The proposed project will have to prepare an emergency response plan in coordination with first-responders and other emergency agencies. The plan will include an evacuation plan, medical response plan, and advance warning system, and will detail what parties are responsible for specific response actions. The plan will need to be approved by the City's Director of Planning and Inspection and the Santa Clara Fire Chief prior to issuance of occupancy permits.
  5. Cultural Resources Mitigation Measures (Source: MMRP)
    • A qualified archaeologist will be on site to monitor the initial excavation of native soil once all pavement and engineered soil is removed from the project site. After monitoring the initial excavation, the archaeologist will make recommendations for further monitoring if it is determined that the site has cultural resources. If the archaeologist determines that no resources are likely to be found on site, no additional monitoring will be required.
    • In the event that prehistoric or historic resources are encountered during excavation and/or grading of the site, all activity within a 150-foot radius of the find will be stopped, the Director of Planning and Inspection will be notified, and the archaeologist will examine the find and make appropriate recommendations. Recommendations could include collection, recordation, and analysis of any significant cultural materials. A report of findings documenting any data recovery during monitoring would be submitted to the Director of Planning and Inspection.
    • In the event that human remains are discovered during excavation and/or grading of the site, all activity within a 50-foot radius of the find will be stopped. The Santa Clara County Coroner will be notified and shall make a determination as to whether the remains are of Native American origin or whether an investigation into the cause of death is required. If the remains are determined to be Native American, the Coroner will notify the Native American Heritage Commission (NAHC) immediately. Once NAHC identifies the most likely descendants, the descendants will make recommendations regarding proper burial, which will be implemented in accordance with Section 15064.5(e) of the CEQA Guidelines.
  6. Transportation Mitigation Measures (Source: MMRP)
    • Upon issuance by the City of a foundation permit for the construction of the Stadium, the proposed project will make a fair share contribution toward the improvements indentified in the MMRP at the following intersections: Great America Parkway/Mission College Boulevard, Lafayette Street/Yerba Buena Way, North First Street/Montague Expressway, Zanker Road/Montague Expressway, O'Toole Avenue/Montague Expressway, Trade Zone Boulevard/Montague Expressway, and Abbott Avenue and Calaveras Boulevard. .
    • The City will require, as a condition of project approval, the preparation and implementation of a Transportation Management and Operations Plan (TMOP) and the formation of a working group to oversee the plan's implementation. The City of Santa Clara and the Valley Transportation Agency (which operates both the LRT and the countywide bus transit system in Santa Clara County) have agreed to form an ongoing multi jurisdictional group that will address the detailed planning needed to achieve the level of transit service assumed by the Draft TMOP. Santa Clara City staff have agreed that a committee of City staff, VTA staff, and the 49ers organization will lay out the framework of the TMOP and the objectives of the program to accomplish the City's goals for this project. That framework will be attached to the PD zoning as a condition of project approval. The long term working group that will be created to prepare the TMOP will include the Stadium Authority, City of Santa Clara, VTA, and the adjacent cities that will help to implement the traffic control plan. The working group will also need to work closely with other transit providers, including ACE, Capitol Corridor, Caltrain, other County transit bus operators and charter bus operators. The TMOP will be completed for the opening of the stadium utilizing the most current roadway and transit data available at that time (estimated mid-2014), and will be updated annually as necessary.
  7. Air Quality Mitigation Measures (Source: MMRP)
    • Bicycle amenities should be provided for the project. This would include secure bicycle parking for employees and attendees and safe bike lane connections.
    • Enforce State law idling restrictions of trucks or buses and include signage indicating the restriction and associated fines.
    • Where appropriate, provide 110- and 220-volt electrical outlets at loading docks to or areas where media operations occur to eliminate any idling of trucks or generators to operate auxiliary equipment.
    • Provide exterior electrical outlets to encourage use of electrical landscape equipment.
    • Implement a landscape plan that provides shade trees along pedestrian pathways.
    • Implement "Green Building" designs, such a Leadership in Energy and Environmental Design (LEED) into buildings to increase energy efficiency, which would reduce the future energy demand caused by the project, and therefore, reduce air pollutant emissions indirectly.
    • The following dust control measures will be implemented during all construction phases:
      • - Water all active construction areas at least twice daily and more often during windy periods.
      • - Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard.
      • - Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites.
      • - Sweep daily (preferably with water sweepers) all paved access roads on
      • -site, parking areas and staging areas at construction sites.
      • - Sweep streets daily (preferably with water sweepers) if visible soil material is carried onto adjacent public streets.
      • - Hydroseed or apply non
      • -toxic soil stabilizers to inactive construction areas.
      • - Enclose, cover, water twice daily or apply non
      • -toxic soil binders to exposed stockpiles (dirt, sand, etc.).
      • - Limit traffic speeds on unpaved roads to 15 mph.
      • - Replant vegetation in disturbed areas as quickly as possible.
      • - Suspend construction activities on windy days that cause visible dust plumes that extend beyond the construction site.
      • - Idling time of all diesel powered construction equipment will be limited to five minutes (based on California Air Resources Board regulations) and/or alternative powered construction equipment (i.e., hybrid, compressed natural gas, bio
      • -diesel, electric) will be used.
      • - All diesel powered construction equipment will be outfitted with add-on control devices such as diesel oxidation catalysts or particulate filters where possible.
      • - All contractors will be required to use equipment that meets the California Air Resources Board most recent certification standard for off-road heavy duty diesel engines.
    • A Disturbance Coordinator will be designated by the applicant. The Coordinator shall be responsible for responding to any local complaints about construction activities. The Coordinator will determine the cause of the complaint and implement reasonable measures to correct the problem. A telephone number for the Coordinator will be clearly posted at the construction site and included in the notice sent to nearby properties regarding the construction schedule. This information will also be distributed to all residences and businesses within 750 feet of the project site.
    • The project shall ensure that emissions from all off-road diesel powered equipment used on the project site do not exceed 40 percent opacity for more than three minutes in any one hour. Any equipment found to exceed 40 percent opacity (or Ringelmann 2.0) shall be repaired immediately. This measure means that equipment with continuous dark emissions is in violation of the requirement.
    • Signs shall be posted that indicate diesel equipment standing idle for more than five minutes shall be turned off or operators would be subject to fines. This would include trucks waiting to deliver or receive soil, aggregate or other bulk materials. Rotating drum concrete trucks could keep their engines running continuously as long as they were onsite. Reduce vehicle emissions. Properly tune and maintain equipment for low emissions.
  8. Noise Mitigation Measures (Source: MMRP)
  9. Energy Mitigation Measures (Source: MMRP)
  10. Global Climate Change Mitigation Measures/Avoidance Measures (Source: MMRP)
  11. Engineering Conditions of Approval (Source: Engineering Department Conditions of Approval to Development Permit PLN2008-06947 and Tentative Subdivision Map PLN2010-08216)
  12. Fire Conditions of Approval (Source: Fire Department Conditions of Approval to Development Permit PLN2008-06947 and Tentative Subdivision Map PLN2010-08216)
  13. Parks and Recreation Conditions of Approval (Source: Parks and Recreation Department Conditions of Approval to Development Permit PLN2008-06947 and Tentative Subdivision Map PLN2010-08216)
  14. Planning and Inspection Conditions of Approval (Source: Planning and Inspection Department Conditions of Approval to Development Permit PLN2008-06947 and Tentative Subdivision Map PLN2010-08216)
  15. Police Conditions of Approval (Source: Police Department Conditions of Approval to Development Permit PLN2008-06947 and Tentative Subdivision Map PLN2010- 08216)
  16. Silicon Valley Power (SVP) Conditions of Approval (Source: Silicon Valley Power Conditions of Approval to Development Permit PLN2008-06947 and Tentative Subdivision Map PLN2010-08216)

  17. Streets Conditions of Approval (Source: Streets and Automotive Services Department Conditions of Approval to Development Permit PLN2008-06947 and Tentative Subdivision Map PLN2010-08216)
  18. Water and Sewer Department Conditions of Approval (Source: Water and Sewer Utilities Department Conditions of Approval to Development Permit PLN2008-06947 and Tentative Subdivision Map PLN2010-08216)

Previous

Contents

 Next