Cities Index.
Agenda packet

Daly City City Council
February 24, 2025

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Agenda packet
Meeting
February 24, 2025
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Daly City City Council
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818
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Text extracted from the city's file for reading and search. Open the original on dalycityca.api.civicclerk.com. That file is the official record.

Cormorant Energy Storage Project 94 Initial Study
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levels, monitoring. The general purpose of the requirements is to minimize the discharge of pollutants and to protect beneficial uses and receiving waters from the adverse effects of construction-related storm water discharges.

Regional and Local
San Francisco Bay Basin Plan
The San Francisco Bay RWQCB regulates water quality in accordance with the Water Quality Control Plan for the San Francisco Bay Basin (Basin Plan). The Basin Plan lists the beneficial uses that the San Francisco Bay RWQCB has identified for local aquifers, streams, marshes, rivers, and the San Francisco Bay, as well as the water quality objectives and criteria that must be met to protect these uses. The San Francisco Bay RWQCB implements the Basin Plan by issuing and enforcing waste discharge requirements, including permits for nonpoint sources such as the urban runoff discharged by a City’s stormwater drainage system. The Basin Plan also describes watershed management programs and water quality attainment strategies.

Municipal Regional Permit Provision C.3
The San Francisco Bay RWQCB re-issued the Municipal Regional Stormwater NPDES Permit (MRP) in May 2022 to regulate stormwater discharges from municipalities and local agencies (co-permittees) in Alameda, Contra Costa, San Mateo, and Santa Clara Counties, and the cities of Fairfield, Suisun City, and Vallejo.52 Under Provision C.3 of the MRP, new and redevelopment projects that create or replace 5,000 square feet or more of impervious surface area are required to implement site design, source control, and Low Impact Development (LID)-based stormwater treatment controls to treat post-construction stormwater runoff. LID-based treatment controls are intended to maintain or restore the site’s natural hydrologic functions, maximizing opportunities for infiltration and evapotranspiration, and using stormwater as a resource (e.g. rainwater harvesting for non-potable uses). The MRP also requires that stormwater treatment measures are properly installed, operated, and maintained.

In addition to water quality controls, the MRP requires new development and redevelopment projects that create or replace one acre or more of impervious surface to manage developmentrelated increases in peak runoff flow, volume, and duration, where such hydromodification is likely to cause increased erosion, silt pollutant generation, or other impacts to local rivers, streams, and creeks. Projects may be deemed exempt from these requirements if: (1) the post-project impervious surface area is less than, or the same as, the pre-project impervious surface area; (2) the project is located in a catchment that drains to a hardened (e.g., continuously lined with concrete) engineered channel or channels or enclosed pipes, which extend continuously to the Bay, Delta, or flow controlled reservoir, or, in a catchment that drains to channels that are tidally influenced; or 52 California Regional Water Quality Control Board San Francisco Region. Municipal Regional Stormwater NPDES Permit, Order No. R2-2022-0018, NPDES Permit No. CAS612008. May 11, 2022.

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(3) the project is located in a catchment or subwatershed that is highly developed (i.e., that is 70 percent or more impervious).53
Local
Daly City General Plan
The General Plan includes policies and tasks for the purpose of avoiding or mitigating impacts resulting from development projects within the City. The following policies and task are specific to hydrology and water quality and are applicable to the proposed project.

General Plan Policies and Tasks
Policy/Task Description
Policy RME-8 Through the development of a Stormwater Management Program, ensure that all new development complies with the applicable Municipal Regional Stormwater Permit by incorporating controls that reduce water quality impacts over the life of the project in ways that are both technically and economically feasible, and reduce pollutants in stormwater discharges to the maximum extent practicable.

Task RME-8.5 Ensure the regular inspection of stormwater treatment facilities as required by the Municipal Regional Stormwater NPDES Permit.

Policy SE-2.1 Protect the City of Daly City from unreasonable risk to life and property caused by flood hazards by designing and constructing drainage facilities to improve the flow capacity of the City’s water system in order to accommodate the storm water runoff generated by a 100- year storm.

Daly City Municipal Code
Chapter 14.04 of the Daly City Municipal Code, also known as the Daly City Stormwater Management and Discharge Control Ordinance prohibits non-stormwater discharges to the City storm drain system. The purpose of the Ordinance is to eliminate non-stormwater discharges to the municipal separate storm drain system, control the discharge of spills, dumping or disposal of materials other than stormwater, and reduce pollutants in stormwater discharges into the storm drain system to the maximum extent practicable. Chapter 14.12 gives the City the authority to inspect projects to enforce any of the provisions of Title 14.

Chapter 15.62 of the Daly City Municipal Code, also known as the City of Daly City Grading, Erosion and Sediment Control Ordinance sets forth rules and regulations to control site clearing, vegetation disturbances, land-fills, land excavations, soil storage, and other such activities which may cause sediments and other pollutants to enter the public drainage facilities. The chapter establishes the regulations, permit requirements, procedures for administration and enforcement of permits to properly control the aforementioned activities to preserve and enhance public health, safety and 53 The Hydromodification Applicability Maps developed by the permittees under Order No. R2-2009-0074 were prepared using this standard, adjusted to 65 percent imperviousness to account for the presence of vegetation on the photographic references used to determine imperviousness. Thus, the maps for Order No. R2-2009-0074 are accepted as meeting the 70 percent requirement.

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environment. Section 15.62.230 requires the permittee to maintain a copy of the permit, approved plans and reports and make these available for city inspection. Section 15.62.270 gives the City engineer authority to suspend or revoke a permit for violation or non-compliance with Chapter

15.62. Existing Conditions
Hydrology and Drainage
The project site is located within the Sunnydale watershed which drains to the San Francisco Bay via Brisbane.

The project site is gently sloping from west to east and situated at an elevation of approximately 140 feet msl. Surface runoff on-site is collected in drains or inlets and conveyed via below grade pipes to three storm drain outfalls located along the western property line. The outfall discharges to an existing 10-inch storm drain line that connects to the larger storm drain system within the Cow Palace property. This system flows towards Bayshore Boulevard and discharges into a 60-inch storm drain line through Brisbane and ultimately into San Francisco Bay, approximately 1.6 miles east of the project site.

The project site is approximately 92 percent impervious surfaces, primarily consisting of pavement, and eight percent pervious surfaces.

Surface Water Quality
The water quality of streams, creeks, ponds, and other surface water bodies can be greatly affected by pollution carried in contaminated surface runoff. Pollutants from unidentified sources, known as “non-point” source pollutants, are washed from streets, construction sites, parking lots, and other exposed surfaces into storm drains. Surface runoff from the project area is collected by storm drains and discharged to San Francisco Bay. Runoff often contains contaminants such as oil and grease, plant and animal debris (e.g., leaves, dust, and animal feces), pesticides, litter, and heavy metals. In sufficient concentration, these pollutants have been found to adversely affect the aquatic habitats to which they drain. San Francisco Bay is currently listed on the 303(d) list for chlordane, dichlorodiphenyltrichloroethane (DDT), dieldrin, dioxin compounds, furan compounds, invasive species, mercury, PCBs, and trash.
54, 55
54 The Clean Water Act (CWA), Section 303, establishes water quality standards and Total Maximum Daily Load (TMDL) programs. The 303(d) list is a list of impaired water bodies. 55 California Environmental Protection Agency, State Water Resources Control Board. “Impaired Water Bodies.” Accessed April 12, 2023.
https://www.waterboards.ca.gov/water_issues/programs/tmdl/integrated2014_2016.shtml

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Groundwater
The project site is located in the Visitacion Valley Groundwater Basin, which has not been identified as a groundwater basin in a state of overdraft.56
Groundwater in the project vicinity is projected to flow generally east-southeast towards the San Francisco Bay at a depth of approximately 16 to 19 feet below ground surface. 57 Fluctuations in
groundwater levels occur due to many factors including seasonal fluctuation, underground drainage patterns, regional fluctuations, and other factors.

Flooding and Other Hazards
The Federal Emergency Management Agency (FEMA) has designated the project site as being located within Flood Zone X, an area of minimal flood hazard; thus, the project site is not located in a 100-year floodplain.58
Tsunami inundation maps prepared by the California Department of Conservation indicate that the project site is outside of tsunami hazard areas.59 Seiches can occur in semi- or fully-enclosed bodies of water and inundate adjacent areas; the nearest semi- or fully-enclosed water body is Lake Merced, located approximately 3.6 miles west of the project site.

4.10.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
a) Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground water
quality?
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater
recharge such that the project may impede
sustainable groundwater management of the
basin?
56 California Department of Water Resources. “State Groundwater Management Act Basin Prioritization Dashboard.” Accessed April 12, 2023. https://gis.water.ca.gov/app/bp-dashboard/final/ 57 Alta Environmental. Phase I Environmental Site Assessment, 2150 Geneva Avenue, Daly City, CA. September 2020.
58 Federal Emergency Management Agency. FIRM 06081C0035F. April 5, 2019. 59 California Department of Conservation. “San Mateo County Tsunami Hazard Areas.” Accessed April 12, 2023. https://www.conservation.ca.gov/cgs/tsunami/maps/san-mateo.

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Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
c) Substantially alter the existing drainage pattern
of the site or area, including through the
alteration of the course of a stream or river or
through the addition of impervious surfaces, in a
manner which would:
- result in substantial erosion or siltation onor off-site; - substantially increase the rate or amount of
surface runoff in a manner which would
result in flooding on- or off-site;
- 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; or
- impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation?
e) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?
a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Construction Water Quality Impacts
Potential impacts related to water quality are constrained by existing regulatory systems from the federal to the local level. The Clean Water Act sets minimum water quality standards for all surface waters in the U.S. and requires that industrial, municipal, and construction-related sources of pollution are regulated through the NPDES. The City requires project applicants to submit a stormwater management plan that illustrates full compliance with the MRP. The project would be required to include stormwater controls and construction best management practices. Compliance with the MRP would ensure that project construction would not substantially degrade surface water or ground water quality. (Less than Significant Impact) Post-Construction Water Quality Impacts
The proposed project would result in approximately 405,000 square feet (95 percent) of impervious surface area and 22,650 square feet (five percent) of pervious surface area on the site. Overall, the

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project would result in a net increase of approximately 10,000 square feet of impervious surface area. To reduce water quality impacts post-construction, the project is required to comply with the MRP including Provision C.3 of the MRP regarding LID site design. LID features could include selftreating and self-retaining areas to allow on-site retention, percolation, and evaporation of stormwater runoff. The project proposes a dry retention basin that would retain stormwater on-site during a 25-year storm event. In addition, stormwater not directed to the retention basin would be directed to vegetated areas to enhance infiltration into the ground. Pervious surface area provided by the project would include landscaping and bioretention areas. With the implementation of stormwater treatment measures, the project would result in a less than significant impact to water quality. (Less than Significant Impact)
b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
Daly City receives a large portion of its water supply from the San Francisco Public Utilities Commission (SFPUC) and supplements the SFPUC supply with groundwater pumped from six local wells. During dry periods, groundwater makes up a larger proportion (up to 45 percent) of the City’s supply. The proposed project, consisting of a BESS, substation, and transmission line, would not result in the need for excessive groundwater pumping from the local wells, and would therefore not substantially decrease groundwater supplies (refer to water supply discussion in Section 4.19 Utilities and Service Systems).

There are no designated groundwater recharge areas within the Visitacion Valley Groundwater Basin.60 The principal sources of recharge are direct infiltration of rainfall, infiltration of irrigation water, and leakage from water and sewer pipes. As described in Impact HYD-1, the proposed project would reduce the pervious area on-site, resulting in a corresponding decrease in infiltration capacity. However, the project’s Stormwater Management Plan includes a large self-retaining, selftreating, bioretention area within the landscaping that would provide opportunities for stormwater infiltration. The project would therefore not be expected to substantially interfere with groundwater recharge or impede groundwater management of the basin. (Less than Significant Impact)
60 California Department of Water Resources. “Bulletin 118: Visitacion Valley Basin”. Accessed May 3, 2023. https://www.smcsustainability.org/wp-content/uploads/filebase/energy-water/groundwater/2-32.pdf.

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c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on- or off-site; substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; 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; or impede or redirect flood flows? The project site does not contain, nor is it adjacent to, any waterway. Therefore, the proposed project would not alter the course of a stream or river. Construction on the site will comply with the City’s stormwater regulations (Chapters 14.04 and 15.62 of the City’s Municipal Code) to ensure construction activities on the site do not result in increased soil erosion and siltation, exceed capacity of the drainage system, or add substantial sources of polluted runoff. Consistent with the City’s requirements, the project would not increase site runoff from a 10-year storm for a duration of two hours of rainfall and will retain any increased flow due to the reduction in pervious surfaces. (Less than Significant Impact)
d) Would the project risk release of pollutants due to project inundation in flood hazard, tsunami, or seiche zones?
As described in Section 4.10.1.2 Existing Conditions, the project site is not located within a 100-year floodplain nor is it subject to tsunamis or seiches. (No Impact) e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
As previously described, the project site is located within the Visitacion Valley Groundwater Basin.

The Visitacion Valley Groundwater Basin is not required by the Department of Water Resources to have a sustainable groundwater management plan. The project site is not subject to a sustainable groundwater management plan and includes all required measures to treat stormwater runoff from the site. The project, therefore, would not conflict with or obstruct the implementation of a water quality control plan or sustainable groundwater management plan. (Less than Significant Impact)

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Land Use and Planning

4.11.1 Environmental Setting
Regulatory Framework
Local
Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco International Airport
In 1967, the State legislature adopted legislation requiring the establishment of airport land use commissions in counties with one or more airports serving the general public. Amendments adopted by the legislature in 1970 required each commission to develop comprehensive ALUCPs.

The purpose of the ALUCPs is to provide for the orderly growth of airports and the surrounding areas to minimize the public’s exposure to excessive noise and safety hazards.

The project site is not located within the AIA of SFO. Properties within the AIA may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (e.g., noise, vibration, and odors). Additionally, properties located within the 70 dB CNEL aircraft noise contour for SFO warrant land use controls to promote noise compatibility. The project site is not located within SFO’s 70 dB CNEL aircraft noise contour.

The ALUCP also includes airspace protection/height limitation criteria based on Federal Avigation Regulations. Federal Aviation Regulations, Part 77, “Objects Affecting Navigable Airspace” (referred to as FAR Part 77) sets forth standards and review requirements for protecting the airspace for safe aircraft operation, particularly by restricting the height of potential structures and minimizing other potential hazards (such as reflective surfaces, flashing lights, and electronic interference) to aircraft in flight. These regulations require that the FAA be notified of certain proposed construction projects located within an extended zone defined by an imaginary slope radiating outward for several miles from an airport’s runways, or which would otherwise stand at least 200 feet in height above ground. For the project site, any proposed structure of a height greater than approximately 200 feet above mean ground level is required under FAR Part 77 to be submitted to the FAA for review.

Daly City General Plan
The General Plan includes policies and tasks for the purpose of avoiding or mitigating impacts resulting from development projects within the City. The following policies and tasks are specific to land use and planning and are applicable to the proposed project.

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General Plan Policies and Tasks
Policy/Task Description
Policy LU-18 Development activities shall not be allowed to significantly disrupt the natural or urban environment and all reasonable measures shall be taken to identify and prevent or mitigate potentially significant effects.

Task LU-18.1 Ensure that potentially significant environmental impacts associated with development proposals are properly mitigated through conditions of approval, mitigation measures, project design, or project denial. In cases where the impacts may not be completely preventable but will not significantly disrupt the community, the City may recognize that the benefits of a project may outweigh the environmental consequences. In no case shall the City approve a project that endangers the health, safety, or welfare of the public.

Task CE-20.7 As a part of all new development, require, where appropriate, the provision of pedestrianoriented signs, pedestrian-scale lighting, benches, and other street furniture so as to make non-motorized forms of travel comfortable and attractive alternatives to the automobile.

Where necessary in new development, the City may require additional sidewalk and/or right-of-way width to accommodate these amenities.

Policy RME-20 Recognize the physical differences between different parts of the City and regulate land uses within these areas accordingly.

Task RME-20.4 Incorporate design features in new development that reflects the character of the neighborhood, to ensure that new construction is compatible with existing development.

Daly City Zoning Ordinance
The Zoning Ordinance is provided in Title 17 of the Daly City Municipal Code. The Zoning Ordinance helps promote public health, safety, morals, convenience, comfort, prosperity and general welfare of residents in the City.

Existing Conditions
The project site has a General Plan land use designation of Commercial Retail and Office (C-RO) and is zoned Light Commercial (C1). The C-RO land use designation is intended for retail and office uses both regional and citywide in scope. The project site is bordered by the Bay Club South San Francisco building and Cow Palace parking lot to the north, the Cow Palace to the east, open space to the south, and Carter Street and residential condos to the west. The transmission line alignments run through residential neighborhoods primarily consisting of single-family homes. The PG&E Martin Substation has a General Plan land use designation of Public Facility (PF) and is zoned Industrial (M). It is bordered by Geneva Avenue and single-family homes to the north, Bayshore Boulevard and industrial uses to the east, apartments and single-family homes to the south, and Schwerin Street, single-family homes, and Bayshore Elementary School to the west.

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4.11.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
a) Physically divide an established community?
b) Cause a significant environmental impact due to
a conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding
or mitigating an environmental effect?
a) Would the project physically divide an established community? Examples of projects that have the potential to physically divide an established community include new freeways and highways, major arterial streets, and railroad lines. The project would construct a BESS and substation on a lot that is surrounded by existing commercial and residential development. Development of the project site would be consistent with the surrounding area. In addition, the proposed transmission line would be within the existing public ROW and would be underground within the residential areas. Modifications to the PG&E Martin Substation to accommodate the project would not result in any changes to land use in the area. Thus, the project would not result in the construction of any infrastructure that would divide the community. For these reasons, the proposed project would not physically divide an established community. (Less than Significant Impact)
b) Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
General Plan and Zoning
The project site has a General Plan land use designation of Commercial Retail and Office (C-RO) and is zoned Light Commercial (C1). In order to develop the proposed project, the project proposes to amend the General Plan land use designation to Industrial (I) and rezone the site to Heavy Commercial (C2). The Industrial designation allows for light manufacturing, storage of merchandise produced on the site, administrative offices, and research facilities that are subordinate to the primary business and the C2 zoning allows public utilities equipment with a use permit. The transmission line and modifications to the PG&E Martin Substation would not result in any changes to land use or zoning. The project, therefore, would be consistent with the Industrial land use designation and C2 zoning and would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. (Less than Significant Impact)

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SFO Airport Land Use Compatibility Plan
The project site is located approximately five miles north of the SFO and is not within the SFO CLUP Airport Influence Area B; therefore, the project is not subject to the SFO ALUCP. (No Impact)

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Mineral Resources

4.12.1 Environmental Setting
Regulatory Framework
State
Surface Mining and Reclamation Act
The Surface Mining and Reclamation Act (SMARA) was enacted by the California legislature in 1975 to address the need for a continuing supply of mineral resources, and to prevent or minimize the negative impacts of surface mining to public health, property, and the environment. As mandated under SMARA, the State Geologist has designated mineral land classifications in order to help identify and protect mineral resources in areas within the state subject to urban expansion or other irreversible land uses which would preclude mineral extraction. SMARA also allowed the State Mining and Geology Board (SMGB), after receiving classification information from the State Geologist, to designate lands containing mineral deposits of regional or statewide significance.

Existing Conditions
The San Mateo County General Plan identifies 13 mineral resources found in San Mateo County.

Seven of these minerals: chromite, clay, expansible shale, mercury, sand and gravel, sands (specialty), and stone (dimension), are not likely to be used primarily because of limited quantities, urbanization or economic infeasibility. Daly City does not contain any mineral resources within its limits.

4.12.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
a) Result in the loss of availability of a known
mineral resource that will 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?

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a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and residents of the state?
Due to the fact that the project site is located on urban land in the City of Daly City, there are no significant mineral resources on or in the vicinity of the project site. (No Impact) b) Would the project 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? Please see the discussion under checklist question a) above. (No Impact)

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Noise
The following discussion is based in part on a Noise and Vibration Assessment prepared by Illingworth & Rodkin, Inc. in September 2024. This document is included as Appendix F to this Initial Study.

4.13.1 Environmental Setting
Background Information
Noise
Factors that influence sound as it is perceived by the human ear, include the actual level of sound, period of exposure, frequencies involved, and fluctuation in the noise level during exposure. Noise is measured on a decibel scale, which serves as an index of loudness. The zero on the decibel scale is based on the lowest sound level that the healthy, unimpaired human ear can detect. Each 10 decibel increase in sound level is perceived as approximately a doubling of loudness. Because the human ear cannot hear all pitches or frequencies, sound levels are frequently adjusted or weighted to correspond to human hearing. This adjusted unit is known as the A-weighted decibel, or dBA.

Since excessive noise levels can adversely affect human activities and human health, federal, state, and local governmental agencies have set forth criteria or planning goals to minimize or avoid these effects. Noise guidelines are generally expressed using one of several noise averaging methods, including Leq, DNL, or CNEL.61 These descriptors are used to measure a location’s overall noise exposure, given that there are times when noise levels are higher (e.g., when a jet is taking off from an airport or when a leaf blower is operating) and times when noise levels are lower (e.g., during lulls in traffic flows on freeways or in the middle of the night). Lmax is the maximum A-weighted noise level during a measurement period.

Vibration
Ground vibration consists of rapidly fluctuating motions or waves with an average motion of zero.

Vibration amplitude can be quantified using Peak Particle Velocity (PPV), which is defined as the maximum instantaneous positive or negative peak of the vibration wave. PPV has been routinely used to measure and assess ground-borne construction vibration. Studies have shown that the threshold of perception for average persons is in the range of 0.008 to 0.012 inches/second (in/sec) PPV.
61 Leq is a measurement of average energy level intensity of noise over a given period of time. Day-Night Level (DNL) is a 24-hour average of noise levels, with a 10 dB penalty applied to noise occurring between 10:00 PM and 7:00 AM. Community Noise Equivalent Level (CNEL) includes an additional five dB applied to noise occurring between 7:00 PM and 10:00 PM. Where traffic noise predominates, the CNEL and DNL are typically within two dBA of the peak-hour Leq.

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Regulatory Framework
State
California Green Building Standards Code
For commercial uses, CalGreen (Section 5.507.4.1 and 5.507.4.2) requires that wall and roof-ceiling assemblies exposed to the adjacent roadways have a composite standard transmission class (STC) rating of at least 50 or a composite outdoor/indoor transmission class (OITC) rating of no less than 40, with exterior windows of a minimum STC of 40 or OITC of 30 when the commercial property falls within the 65 dBA Ldn or greater noise contour for a freeway or expressway, railroad, or industrial or stationary noise source. The state requires interior noise levels to be maintained at 50 dBA Leq(1-hr) or less during hours of operation at a proposed commercial use.

Local
Daly City General Plan
The General Plan includes policies and tasks for the purpose of avoiding or mitigating impacts resulting from development projects within the City. The following policies and tasks are specific to noise and are applicable to the proposed project.

General Plan Policies and Tasks
Policy/Task Description
Policy NE-1 Use the future noise contour map to identify existing and potential noise impact areas.

Policy NE-3 Maintain a CNEL level of not more than 70 dBA Leq in residential areas.

Task NE-2.1 Use the Noise Control Guidelines to assess the suitability of a site for new development in combination with the noise contours to accurately identify areas that may need additional noise study and mitigation. Noise mitigations include additional insulation, double glazing of windows and increasing building setbacks from the noise source. Mitigations should also be creative and attractive whenever possible and appropriate. Creative noise mitigation measures can include incorporation of fountains using water to mask freeway noise and noise walls of an appropriate scale painted with decorative murals.

Task NE-3.1 Continue to enforce the environmental noise requirements of the State Building Code (Title 24).

Task NE-5.1 Additional noise studies should be conducted in “Conditionally Acceptable” noise environments to ensure adequate mitigation features are employed. Usually conventional construction with closed windows and fresh air supply systems will maintain a healthy noise environment.

Task NE-9.1 Depending upon the hours of operation, intensity of use, and the location of sensitive receptors in the area, the expansion or change of use could cause noise impacts. Acoustical studies should be performed, at the applicant's expense, during the discretionary and environmental review processes and conditions should be placed on the project accordingly

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Policy/Task Description
Task NE-11.3 Require all future development within the Airport Influence Area B boundary for San Francisco International Airport to conform to the relevant height/airspace protection, aircraft noise, and safety policies and land use compatibility criteria contained within the most recent adopted version of the ALUCP for the environs of San Francisco International Airport.

Daly City Municipal Code
Title 9 – Public Peace, Morals and Welfare
Chapter 9.22 of the Daly City Municipal Code contains language to protect residents from excessive noise exposure. Section 9.22.010 prohibits an individual from causing a disturbance such that it disturbs the public peace off-site. Section 9.22.020 states that no person shall maintain, operate, or conduct any loudspeaker or amplifier in such a manner as to cause the sound to be projected outside any building or out of doors in any part of the City without first obtaining a permit to do so.

Section 9.22.030 deals more specifically with noise and states that between the hours of 10:00 p.m. and 6:00 a.m. no person shall cause, create, or permit any noise which may be heard beyond the confines of the property of origin. The Police Department enforces Chapter 9.22 of the Municipal Code.

Title 17 – Zoning
Title 17 of the Daly City Municipal Code provides for discretionary review of projects through the use permit and variance process. An application for development is analyzed in light of many concerns including comparing the proposed use against the noise contours and Noise Compatibility Guidelines. The Planning Division attaches conditions of project approval to reduce noise impacts to future occupants of the proposed development as well as conditioning times construction activities may occur in order to reduce noise impacts to surrounding land uses.

Existing Conditions
The project site is bordered by the Bay Club South San Francisco building and Cow Palace parking lot to the north, the Cow Palace to the east, open space to the south, and Carter Street and residential condos to the west. The noise environment on the project site primarily results from vehicular traffic along Geneva Avenue and the surrounding roadway network and aircraft departures from SFO. A noise monitoring survey was conducted between April 19, 2023 and April 21, 2023. The noise monitoring survey included two long-term noise measurements (LT-1 and LT-2) and three short-term measurements (ST-1 through ST-3). Noise measurement locations are shown on Figure 4.13-1.

The closest sensitive receptors are the residences along Rio Verde Street, Ottilia Street, Schwerin Street, and Oriente Street where the future transmission line would be placed underground, and existing residences located approximately 700 feet to the west and 800 feet to the southwest, as measured from the center of the BESS and substation site.

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Long-term measurement LT-1 was made along Geneva Avenue, approximately 65 feet north of the centerline. Hourly average noise levels at LT-1 typically ranged from 65 to 72 dBA Leq during daytime hours (between 7:00 a.m. and 10:00 p.m.) and from 59 to 68 dBA Leq during nighttime hours (between 10:00 p.m. and 7:00 a.m.). The CNEL for the 24-hour period on Thursday April 20, 2023, was 72 dBA CNEL.

Long-term measurement LT-2 was made along Carter Street, approximately 25 feet east of the centerline. Hourly average noise levels at LT-2 typically ranged from 64 to 70 dBA Leq during daytime and from 54 to 66 dBA Leq during nighttime. The CNEL for the 24-hour period on Thursday April 20, 2023, was 70 dBA CNEL.

The results of the three short-term noise measurements and their locations are summarized in Table 4.13-1, below.

Table 4.13-1: Summary of Short-Term Measurements (dBA)
Noise Measurement Location Lmax L(1) L(10) L(50) L(90) Leq(10) ST-1: 90 feet from Carter Street Centerline 75 67 61 51 44 57 ST-2: 25 feet from Martin Trail Centerline 65 61 51 46 43 49 ST-3: 40 feet from Martin Street Centerline 65 62 57 48 44 53 The project site is not within the 65 CNEL noise contour for SFO.

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Geneva Avenue
Cow Palace
Santos Street
Carrizal St
Pasadena Street
CasƟllo Street
Pueblo Street Rio Verde Street
Carter Street
Steve Courter Way Farrier Place
MarƟn Trail
Saddleback Driv e
Oak Court
Geneva Avenue
Cow Palace
Santos Street
Carrizal St
Pasadena Street
CasƟllo Street
Pueblo Street Rio Verde Street
Carter Street
Steve Courter Way Farrier Place
MarƟn Trail
Saddleback Driv
e
Oak Court
MarƟn
St
a
rƟ
n
St
LT-2
ST-1
ST-3
LT-1
ST-2
0 50 500 400 800 Feet
Aerial Source: Google Earth Pro, Mar. 23, 2023. Photo Date: Apr. 2022 Project Boundary
LT-# Long-Term Noise Monitoring Loca
Ɵon
ST-# Short-Term Noise Monitoring Loca
Ɵon
NOISE MONITORING LOCATIONS FIGURE 4.13-1

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4.13.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in
the vicinity of the project in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other
agencies?
b) Generation of excessive groundborne vibration
or groundborne noise levels?
c) For a project located within the vicinity of a
private airstrip or 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 expose people
residing or working in the project area to
excessive noise levels?
For the purposes of this analysis, the City of Daly City relies on the following CEQA thresholds of significance as related to noise:
• A significant noise impact would be identified if the project would generate a substantial temporary or permanent noise level increase over ambient noise levels at existing noisesensitive receptors surrounding the project site and that would exceed applicable noise standards presented in the General Plan or Municipal Code at existing noise-sensitive receptors surrounding the project site.
o A potentially significant impact would occur if the project generated noise levels would result in a substantial temporary or periodic increase in ambient noise levels above current levels.
o A temporary construction noise impact would be considered significant if project construction activities produced noise levels exceeding 80 dBA Leq at residential land uses, 85 dBA Leq at commercial land uses, and 90 dBA Leq at industrial land uses surrounding the site.62
o A significant permanent noise level increase would occur if project-generated traffic generated by the project or project improvements/operations would substantially increase noise levels at sensitive receivers in the vicinity. A substantial increase would occur if: a) the noise level increase is five dBA CNEL or greater, with a future noise level of less than the “normally acceptable” standard, or b) the noise level 62 Federal Transit Administration. Transit Noise and Vibration Impact Assessment Manual. 2018.

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increase is three dBA CNEL or greater, with a future noise level equal to or greater than the “normally acceptable” standard.
o A significant noise impact would be identified if the project would expose persons to or generate noise levels that would exceed applicable noise standards presented in the General Plan or Municipal Code.
• A significant impact would be identified if the construction of the project would generate excessive vibration levels surrounding receptors. Ground-borne vibration levels exceeding

0.3 in/sec PPV would have the potential to result in cosmetic damage to normal buildings. • A significant noise impact would be identified if the project would expose people residing or working in the project area to excessive aircraft noise levels. a) Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Construction Noise
Construction Work Hours
Construction activities for the proposed project would include: 1) BESS and substation construction at the project site; 2) transmission line construction from the proposed substation to the Martin Substation. Construction is expected to occur during weekdays between 8:00 a.m. to 5:00 p.m., with ROW work restricted to the hours of 9:00 am to 3:00 pm Monday through Friday. Construction would last approximately 20 months. The following condition of approval would be required to ensure the project complies with the City’s standard construction hours unless otherwise allowed.

Condition of Approval:
• Construction Hours. The City’s allowed construction hours are Monday through Friday between the hours of 8:00 am to 5:00 pm. Construction is prohibited on weekends and holidays63 unless approved by the City Council and the City Manager. • Noise. During the permitted construction hours, the Contractor shall ensure noise generated by construction equipment shall not exceed 85 dBA when measured at a distance of 75 feet from the construction site boundary. Additionally, no deliveries of materials or equipment are permitted outside these hours. The Contractor is permitted to stage and prepare the worksite up to one hour before the permitted hours of construction provided that no construction equipment is in use. The use of any construction equipment outside the permitted construction hours is strictly prohibited. • Posted Sign. A project sign with the construction hours shall be posted five feet above ground level and shall be visible to the street at all entrances to the construction site. 63 The City observes the following holidays: New Year’s Day, Martin Luther King, Jr, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veteran’s Day, Thanksgiving, Christmas, and New Year’s Eve.

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• Special Requests. If the General Contractor wishes to work after hours (i.e., outside of 8:00 am to 5:00 pm on weekdays and/or on weekends or City Holidays) on a regular basis, this shall be approved in advance by the City Council and the City Manager. For special requests on a limited basis, the Building Official can approve alternate construction hours for projects not within or impacting the ROW. All special circumstances construction hour requests must be received no later than 10 business days before the special circumstances construction. A copy of the approval must be kept on-site and made available to any member of the public, police, and City staff.

Construction Noise Analysis
Table 4.13-2 shows the construction noise levels to the nearest surrounding receptors during the construction of the BESS and substation.

Table 4.13-2: BESS and Substation Construction Noise Levels Phase of Construction
Calculated Hourly Average Leq, dBA
North Tennis &
Pickleball
(310 feet)1
West Residences
(610 feet)1
East Cow Palace
(540 feet)1
South Residences
(695 feet)1
BESS Site Preparation 72 66 67 65
Collector Substation Site
Preparation 69 63 64 62
BESS Grading 73 67 68 66
Collector Substation
Grading 70 64 65 63
Battery/Container
Installation/Construction 74 68 69 67
Collector Substation
Installation/Construction 74 68 69 67
Notes: 1 Distances shown are measured from the center of the project site to the receiving property lines.

As shown in Table 4.13-2, construction of the BESS and substation would result in noise levels ranging from 62 to 68 dBA Leq at existing residential uses and 64 to 74 dBA Leq at existing commercial and light industrial uses. These noise levels would not exceed the exterior noise threshold of 80 dBA Leq at existing residential land uses, the 85 dBA Leq threshold at commercial uses, or the 90 dBA Leq threshold at light industrial uses.

Existing residential and commercial receptors would be exposed to construction noise levels of 68 to 90 dBA Leq during installation of the underground transmission line along Alignment 1, 71 to 90 dBA Leq during installation of the underground transmission line along Alignments 2 and 3, and 61 to 86 dBA Leq during installation of the transmission line within the Martin Substation. This would exceed the 80 dBA Leq threshold at residential property lines.

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Impact NOI-1: Construction of the transmission line would exceed the construction noise threshold of 80 dBA Leq threshold at residential property lines. (Significant Impact)
Mitigation Measures: The project shall implement the following mitigation measures to reduce construction noise to a less than significant level:

MM NOI-1.1: The applicant shall implement the following best management practices:
• Limit construction hours, including deliveries of materials and equipment, to between 8:00 a.m. and 5:00 p.m., Monday through Friday, and prohibited on weekends and holidays in accordance with the City’s General Plan, unless permission is granted by the City of Daly City’s Planning Manager or the Planning Manager’s designee to conduct construction outside the allowable hours with a development permit or other planning approval. • Construct temporary noise barriers, where feasible, to screen stationary noise-generating equipment. Temporary noise barrier fences would provide a five dBA noise reduction if the noise barrier interrupts the line-of-sight between the noise source and receptor and if the barrier is constructed in a manner that eliminates any cracks or gaps.
• At a minimum, the construction contractor shall implement the following control measures: improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds.
• Equipment used for project construction shall be hydraulically or electrically powered impact tools (e.g., jack hammers) wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools.

Where use of pneumatically powered tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used. A muffler could lower noise levels from the exhaust by up to about 10 dBA. External jackets on the tools themselves shall be used where feasible; this could achieve a reduction of five dBA. Quieter procedures shall be used (such as drilling rather than impact equipment) wherever feasible.
• Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment.
• The construction contractor shall not allow any construction equipment, trucks, or vehicles to idle.
• Locate stationary noise-generating equipment, such as air compressors or portable power generators, as far as possible from sensitive receptors as feasible. If they must be located near receptors, adequate muffling (with enclosures where feasible and appropriate) shall be used to reduce noise

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levels at the adjacent sensitive receptors. Any enclosure openings or venting shall face away from sensitive receptors.
• Utilize “quiet” air compressors and other stationary noise sources where technology exists.
• Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site. • Construction staging areas shall be established at locations that will create the greatest distance between the construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction.
• Locate material stockpiles, as well as maintenance/equipment staging and parking areas, as far as feasible from residential receptors. • Route construction-related traffic along major roadways and as far as feasible from sensitive receptors.
• The contractor shall prepare a detailed construction schedule for major noise-generating construction activities. The construction plan shall identify a procedure for coordination with adjacent residential land uses so that construction activities can be scheduled to minimize noise disturbance. • If complaints are received or excessive noise levels cannot be reduced using the measures above, erect a temporary noise control blanket barrier along surrounding building facades that face the construction sites. • Designate a “disturbance coordinator” who shall be responsible for responding to any complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaint (e.g., bad muffler, etc.) and shall require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction schedule.

Implementation of MM NOI-1.1 would reduce construction noise levels emanating from the project site and along the transmission line route, limit construction hours, and minimize disruption and annoyance. For residences located along Rio Verde Street, Ottilia Street, Carter Street, Martin Street, Schwerin Street, or Oriente Street, however, noise levels may still exceed 80 dBA Leq even with implementation of MM NOI-1.1. Assuming an installation rate of 100 feet per day, any single residence along these streets would be exposed to noise levels exceeding 80 dBA Leq for no more than five days. Due to the limited number of days that construction noise would exceed the 80 dBA Leq threshold at any single receptor and implementation of mitigation measure MM NOI-1.1, the project would result in a less than significant construction noise impact. (Less than Significant Impact with Mitigation Incorporated)

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Operational Noise
A significant impact would occur if the permanent noise level increase due to project-generated operations was three dBA CNEL or greater for future ambient noise levels exceeding 60 dBA CNEL or was five dBA CNEL or greater for future ambient noise levels at or below 60 dBA CNEL. With existing ambient noise levels exceeding 60 dBA CNEL, it is assumed future noise levels would remain over 60 dBA CNEL. Therefore, a significant impact would occur if project-generated operations increased levels by three dBA CNEL or more.

Project Traffic
The proposed project would be monitored remotely, with maintenance staff visiting the facility periodically throughout the year. No permanent full-time or part-time employees would occupy the building. At most, only one or two vehicle roundtrips to and from the project site would be generated per week. An increase of three dBA DNL is considered substantial in noise sensitive areas along roadways. A three dBA DNL noise increase would occur if the project doubled existing traffic volumes along a roadway. One to two trips would not result in a measurable noise level increase and would not double the existing traffic volumes along the surrounding roadways; therefore, the proposed project would not result in a permanent noise level increase due to project-generated traffic. (Less than Significant Impact)
Mechanical Equipment
The main noise sources generated by the proposed project would be from the power inverters within the BESS and the power transformers at the substation. Noise levels information for the specific equipment selected for the project is not available at this time; however, power inverters for the batteries typically generate noise levels of 80 dBA at a distance of one meter. The project proposes a minimum of 150 battery units, which would result in a noise level of approximately 93 dBA at one meter. Typical noise levels for substation power transformers are approximately 72 dBA at a distance of six feet during full load.

Table 4.13-3 summarizes the estimated noise levels generated by the project at nearby receptors.

Existing ambient noise levels in the project area are 70 to 72 dBA CNEL. As shown in Table 4.13-3, operational noise would not exceed existing ambient noise levels and would not result in a significant operational noise impact. (Less than Significant Impact) Table 4.13-3: Estimated Noise Levels of Proposed BESS Facility and Substation Receptor
Inverters Main Power Transformer
Combined CNEL, dBA Distance from
Center, feet Leq, dBA Distance from Center, feet Leq, dBA North Tennis &
Pickleball Club 230 561 540 33 62
West Residences 640 471 855 29 53

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Receptor
Inverters Main Power Transformer
Combined CNEL, dBA Distance from
Center, feet Leq, dBA Distance from Center, feet Leq, dBA East Cow Palace 380 511 180 43 58
South Residences,
Fire Station &
Community Center
635 471 770 30 54
Notes: 1 Conservative 10 dBA attenuation assumed for all enclosures b) Would the project result in generation of excessive groundborne vibration or groundborne noise levels?
Future development under the project may generate perceptible vibration in the immediate vicinity when heavy equipment or impact tools (e.g. jackhammers, hoe rams) are used. Construction activities would include site preparation work, excavation of below-grade levels, foundation work, and new building framing and finishing. Construction activities, such as the use of jackhammers, rock drills and other high-power or vibratory tools, and rolling stock equipment (tracked vehicles, compactors, etc.), may generate substantial vibration in the immediate vicinity. Vibration levels would vary depending on soil conditions (e.g., rocks vs. soft soil), construction methods (the project does not propose pile driving), the equipment used (e.g., vibratory roller vs. small bulldozers and graders), and distance.

The City does not define quantitative vibration thresholds; therefore, a conservative vibration limit of 0.3 in/sec PPV has been used, consistent with California Department of Transportation guidelines. Table 4.13-4 below shows the typical vibration levels that could be expected from construction equipment at 25 feet and the distance required to meet 0.3 in/sec PPV.

Table 4.13-4: Vibration Source Levels for Construction Equipment Equipment PPV at 25 ft. (in/sec) Minimum Distance to Meet 0.3 in/sec PPV (feet)
Clam shovel drop 0.202 18
Hydromill (slurry
wall)
in soil 0.008 1
in rock 0.017 2
Vibratory Roller 0.210 19
Hoe Ram 0.089 9
Large bulldozer 0.089 9
Caisson drilling 0.089 9
Loaded trucks 0.076 8

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Equipment PPV at 25 ft. (in/sec) Minimum Distance to Meet 0.3 in/sec PPV (feet)
Jackhammer 0.035 4
Small bulldozer 0.003 <1
Source: Transit Noise and Vibration Impact Assessment Manual, Federal Transit Administration, Office of Planning and Environment, U.S. Department of Transportation, September 2018, as modified by Illingworth & Rodkin, Inc., June 2023.

The nearest structures that would be affected by project construction are existing residences along Ottilia Street and the Cow Palace, located approximately 25 feet from the underground transmission line work along Alignment 1. The vibration analysis determined neither cosmetic, minor, or major damage would occur at buildings located 20 feet or more from the project construction. All structures along the three potential alignments would be equal to or farther away than the residences along Ottilia Street. As shown in Table 4.13-4, vibration levels would not exceed

0.3 in/sec PPV threshold at distances of 25 feet; therefore, the proposed project would not result in the generation of excessive groundborne vibration or groundborne noise levels. (Less than Significant Impact)
c) For a project located within the vicinity of a private airstrip or 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 expose people residing or working in the project area to excessive noise levels?
The project site is located approximately five miles north of SFO and is not within the SFO CLUP Airport Influence Area B. The project is not located within the 65 CNEL noise contour for SFO; therefore, the project would not expose workers to excessive aircraft noise. (No Impact)

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Population and Housing

4.14.1 Environmental Setting
Regulatory Framework
State
Housing Element Law
State requirements mandating that housing be included as an element of each jurisdiction’s general plan is known as housing-element law. The Regional Housing Need Allocation (RHNA) is the statemandated process to identify the total number of housing units (by affordability level) that each jurisdiction must accommodate in its housing element. California housing-element law requires cities to: 1) zone adequate lands to accommodate its RHNA; 2) produce an inventory of sites that can accommodate its share of the RHNA; 3) identify governmental and non-governmental constraints to residential development; 4) develop strategies and a work plan to mitigate or eliminate those constraints; and 5) adopt a housing element and update it on a regular basis.64 The City of Daly City Housing Element and related land use policies were last updated in 2015.

Regional and Local
Plan Bay Area 2050
Plan Bay Area 2050 is a long-range plan for the nine-county San Francisco Bay Area that provides strategies that increase the availability of affordable housing, support a more equitable and efficient economy, improve the transportation network, and enhance the region’s environmental resilience. Plan Bay Area 2050 promotes the development of a variety of housing types and densities within identified Priority Development Areas (PDAs). PDAs are areas generally near existing job centers or frequent transit that are locally identified for housing and job growth. 65 ABAG allocates regional housing needs to each city and county within the San Francisco Bay Area, based on statewide goals. These allocations are designed to lay the foundation for Plan Bay Area 2050’s long-term envisioned growth pattern for the region. ABAG also develops a series of forecasts and models to project the growth of population, housing units, and jobs in the Bay Area. ABAG, MTC, and local jurisdiction planning staff created the Forecasting and Modeling Report, which is a technical overview of the growth forecasts and land use models upon which Plan Bay Area 2050 is based.
64 California Department of Housing and Community Development. “Regional Housing Needs Allocation and Housing Elements.” Accessed December 8, 2020. http://hcd.ca.gov/community-development/housingelement/index.shtml. 65 Association of Bay Area Governments and Metropolitan Transportation Commission. Plan Bay Area 2050.

October 21, 2021. Page 20.

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Existing Conditions
According to a May 2022 estimate by the California Department of Finance, Daly City has a total population of 102,875persons.66 There are estimated to be 33,934 housing units in the City, with the largest categories of housing consisting of 15,907 single-detached units and 8,354 structures containing five or greater units.67 There is no housing located on the BESS site or within the three potential transmission line alignments.

4.14.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
a) Induce substantial unplanned 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 people
or housing, necessitating the construction of
replacement housing elsewhere?
a) Would the project induce substantial unplanned 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)?
The project site is designated in the general plan and zoned for commercial uses and is located in an urban area. The project includes construction of a BESS, substation, and transmission line. The BESS would be monitored remotely with maintenance staff visiting the facility periodically throughout the year. No permanent employees would occupy the site. For these reasons, the project would not induce unplanned population growth. (No Impact)
b) Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
The project site is currently vacant and contains no housing; therefore, the project would not displace existing people or housing. (No Impact)
66 California Department of Finance. E-5 Population and Housing Estimates for Cities, Counties, and the State 2011- 2022 with 2020 Census Benchmark. Accessed on May 3, 2023. http://dof.ca.gov/Forecasting/Demographics/Estimates/E-5/. 67 Ibid.

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Public Services

4.15.1 Environmental Setting
Regulatory Framework
State
Government Code Section 66477
The Quimby Act (included within Government Code Section 66477) requires local governments to set aside parkland and open space for recreational purposes. It provides provisions for the dedication of parkland and/or payment of fees in lieu of parkland dedication to help mitigate the impacts from new residential developments. The Quimby Act authorizes local governments to establish ordinances requiring developers of new residential subdivisions to dedicate parks, pay a fee in lieu of parkland dedication, or perform a combination of the two.

Government Code Section 65995 through 65998
California Government Code Section 65996 specifies that an acceptable method of offsetting a project’s effect on the adequacy of school facilities is the payment of a school impact fee prior to the issuance of a building permit. Government Code Sections 65995 through 65998 set forth provisions for the payment of school impact fees by new development by “mitigating impacts on school facilities that occur (as a result of the planning, use, or development of real property” (Section 65996[a]). The legislation states that the payment of school impact fees “are hereby deemed to provide full and complete school facilities mitigation” under CEQA (Section 65996[b]).

Developers are required to pay a school impact fee to the school district to offset the increased demands on school facilities caused by proposed development. The school district is responsible for implementing the specific methods for mitigating school impacts under the Government Code.

Local
City of Daly City Capital Plan
In 2008, the City expanded its Capital Plan to cover a 20-year period. It was estimated that 2.8 million square feet of commercial space and 2,641 residential units would be added to the City, which is slightly more than projected in the 2013 General Plan. The study also projected the extent of capital improvements for public facilities which would be needed in the City over the same time period. The City identified the capital improvements which would be needed to provide City services to all areas over the next 20 years. The relationship between the additional projected commercial and residential development and the need for improvements in public facilities was analyzed. The City formulated impact fees that are based on the extent to which any need for new public facilities is attributed to new development.

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Daly City General Plan
The General Plan includes policies and tasks for the purpose of avoiding or mitigating impacts resulting from development projects within the City. The following policies are specific to public services and are applicable to the proposed project.

General Plan Policies and Tasks
Policy/Task Description
Policy SE-3.1 Support and maintain the City’s Insurance Service Office rating of a Class 2, which establishes the fire insurance rates for the City.

Policy SE-3.2 Provide for a seven-minute total reflex time for arrival of a first due company to 90 percent of all emergency incidents.

Policy SE-3.3 Provide for an eleven-minute total reflex time for arrival of multiple fire companies to 90 percent of all structure fires.

Policy SE-3.4 Maintain fire company reliability, whereby 90 percent of all incidents are handled by the district fire company.

Existing Conditions
Fire Protection
The City of Daly City is served by the North County Fire Authority (NCFA), a Joint Powers Authority which currently serves the communities of Brisbane, Daly City, and Pacifica.68 The NCFA responds to all fires, hazardous materials spills, and medical emergencies in the City. The closest station to the project site is Station No. 93, located at 464 Martin Street, approximately 0.3-mile southeast of the project site.

Police Protection
Police protection services for the project site are provided by the Daly City Police Department (DCPD), which is headquartered at 333 90th Street, approximately three miles southwest of the project site. The Daly City Police Department employs 111 sworn personnel.69 Schools
The project site is located within the Bayshore Elementary School District and the Jefferson Union High School District. The nearest elementary/middle school is Bayshore Elementary, approximately

0.4-mile east of the project site, located at 155 Oriente Street. The nearest high school is Jefferson High School, approximately 2.5 miles west of the project site, located at 6996 Mission Street. 68 City of Daly City. “Fire Department”. Accessed May 3, 2023. https://www.dalycity.org/461/Fire-Department. 69 City of Daly City. “Police Officer”. Accessed May 3, 2023. https://www.dalycity.org/389/Police-Officer.

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Parks
According to the General Plan, 13 municipal parks and 12 tot lots are located in Daly City, resulting in a total of 82.95 acres of developed public recreational open space. The nearest park is Bayshore Heights Park, approximately 0.3-mile southeast of the project site, located at 450 Martin Street.

Libraries, Community Centers, and Other Facilities
The Daly City Library provides library services to the residents of Daly City. The nearest library is the Bayshore Branch, approximately 0.3-mile southeast of the project site, located at 450 Martin Street.

There are two community centers, one art center, and one public clubhouse in Daly City. The nearest of these centers is the Bayshore Community Center, approximately 0.3-mile southeast of the project site, located at 450 Martin Street.

4.15.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered governmental facilities, 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:
a) Fire Protection?
b) Police Protection?
c) Schools?
d) Parks?
e) Other Public Facilities?
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, 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 fire protection services? As part of the permitting process, the North County Fire Authority would review project plans before permits are issued to ensure compliance with all applicable fire and building code standards

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and to ensure that adequate fire and life safety measures are incorporated into the project in compliance with all applicable state and city fire safety regulations. The project would use battery systems that are National Fire Protection Agency (NFPA) 855 Code compliant and would include built-in failsafe and cooling systems designed to prevent thermal runaway and the spread of fire.

The fire protection system would automatically shut down any affected battery storage components and prevent the spread of the fire to the other battery storage modules. The proposed project would result in an incremental increase in the demand for fire protection services. The service area of the NCFA includes the cities of Daly City, Brisbane, and Pacifica. The nearest fire station to the project site is located approximately 0.3-mile southeast of the project site. As a result, the proposed project’s incremental increase in fire service demand would be insignificant compared to the total demand within the NCFA service area and the NCFA would maintain adequate response times to the project site. For this reason, the proposed project would not individually require new or altered fire protection facilities, and as a result, would have a less than significant impact on the environment. (Less than Significant Impact)
b) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, 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 police protection services? The proposed project would result in an incremental increase in the demand for police protection services within the DCPD service area. However, the project site is already served by DCPD and the proposed project would be an unmanned facility; therefore, the increase in police service demand generated by the project would be minimal and would be served by existing police facilities. As a result, the proposed project would have a less than significant impact on the provision of police protection services and would not require the construction or alteration of existing facilities. (Less than Significant Impact)
c) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, 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 schools?
The project proposes a BESS and substation and would not generate students; therefore, the proposed project will not impact schools. (No Impact)

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d) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, 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 parks?
The proposed project would not generate substantial population growth in the project area or result in the use of public facilities in the City by new residents. No permanent employees would occupy the proposed BESS or substation and it would, therefore, not generate park users. For these reasons, the proposed project would not impact park facilities. (No Impact) e) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, 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 other public facilities? The project proposes a BESS and substation with no permanent employees. The proposed project does not include residential development and, therefore, would not increase demand upon public facilities, such as libraries and community centers, in the project area. Thus, there would be no impact. (No Impact)

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Recreation

4.16.1 Environmental Setting
Regulatory Framework
State
Government Code Section 66477
The Quimby Act (included within Government Code Section 66477) requires local governments to set aside parkland and open space for recreational purposes. It provides provisions for the dedication of parkland and/or payment of fees in lieu of parkland dedication to help mitigate the impacts from new residential developments. The Quimby Act authorizes local governments to establish ordinances requiring developers of new residential subdivisions to dedicate parks, pay a fee in lieu of parkland dedication, or perform a combination of the two.

Local
Daly City General Plan
The General Plan includes policies and tasks for the purpose of avoiding or mitigating impacts resulting from development projects within the City. The following policies are specific to recreation and are applicable to the proposed project.

General Plan Policies
Policy/Task Description
Policy RME-11 Areas designated as open space recreation-public shall continue to be maintained and upgraded by the Public Works Department.

Policy RME-12 Encourage a diverse, equitable, and integrated system of park facilities throughout Daly City that are accessible to all age, social, and economic groups and all geographic areas of the City.

Policy RME-13 Require the dedication of parkland or the payment of an in-lieu fee in accordance with Subdivision Map Act.

Policy RME-14 Prioritize the dispersal of park in-lieu fees collected from the development of new subdivisions to ensure that the fees are spent in the appropriate areas.

Parkland Dedication
The City of Daly City Municipal Code currently has parkland dedication standards within Title 16 – Subdivisions. Section 16.30 of the Municipal Code has a standard for parks of three acres per 1,000 people. This requirement may be satisfied through either on-site park construction, land dedication, or an in-lieu fee equal to the land value plus ten percent towards costs of off-site improvements.70 70 City of Daly City. Municipal Code 16.30.050. Accessed December 8, 2020.

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Existing Conditions
Public recreational open space within Daly City consists of City parks and facilities, and State and County Parks. Daly City has 31 city parks and open spaces as well as access to nearby regional and state parks and open spaces such as San Bruno Mountain.71 According to the Parks and Open Space Master Plan, the City contains 65.4 acres of developed parkland and 68.6 acres of open space. In addition to City parks, San Bruno Mountain State and County Park provides 2,063 acres of public park space comprising state and San Mateo County managed land. The nearest park is Bayshore Heights Park, approximately 0.3-mile southeast of the project site, located at 450 Martin Street.

4.16.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility will occur or
be accelerated?
b) Does the project include recreational facilities or
require the construction or expansion of
recreational facilities which might have an
adverse physical effect on the environment?
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
The proposed project would not generate substantial population growth in the project area or result in the use of public facilities in the City by new residents. No permanent employees would occupy the proposed BESS or substation and it would, therefore, not generate park users. For these reasons, the proposed project would not impact park facilities. (No Impact) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Please see discussion under checklist question a) above. (No Impact) 71 City of Daly City. Daly City Parks & Open Space Master Plan. March 2020.

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Transportation

4.17.1 Environmental Setting
Regulatory Framework
State
Regional Transportation Plan
MTC is the transportation planning, coordinating, and financing agency for the nine-county San Francisco Bay Area, including San Mateo County. MTC is charged with regularly updating the Regional Transportation Plan, a comprehensive blueprint for the development of mass transit, highway, airport, seaport, railroad, bicycle, and pedestrian facilities in the region. MTC and ABAG adopted Plan Bay Area 2050 in October 2021, which includes a Regional Transportation Plan to guide regional transportation investment for revenues from federal, state, regional and local sources through 2050.

Senate Bill 743
SB 743 establishes criteria for determining the significance of transportation impacts using a vehicle miles traveled (VMT) metric intended to promote the reduction of GHG emissions, the development of multimodal transportation networks, and a diversity of land uses. Specifically, SB 743 requires analysis of VMT in determining the significance of transportation impacts. Local jurisdictions were required by the Governor’s Office of Planning and Research (OPR) to implement a VMT policy by July 1, 2020.

SB 743 did not authorize OPR to set specific VMT impact thresholds, but it did direct OPR to develop guidelines for jurisdictions to utilize. CEQA Guidelines Section 15064.3(b)(1) describes factors that might indicate whether a development project’s VMT may be significant. Notably, projects located within 0.50 mile of transit should be considered to have a less than significant transportation impact based on OPR guidance.

Regional and Local
San Mateo County Congestion Management Program
The City/County Association of Governments (C/CAG), as the Congestion Management Agency for San Mateo County, is required to prepare and adopt a Congestion Management Program (CMP) on a biennial basis. The purpose of the CMP is to identify strategies to respond to future transportation needs, develop procedures to alleviate and control congestion, and promote countywide solutions.

Also included in the CMP is the Traffic Impact Analysis (TIA) Policy, which provides uniform procedures to analyze traffic impacts. According to the CMP, an acceptable level of service at signalized intersections is LOS E.

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Daly City General Plan
The General Plan includes policies and tasks for the purpose of avoiding or mitigating impacts resulting from development projects within the City. The following policies and task are specific to transportation and are applicable to the proposed project.

General Plan Policies and Tasks
Policy/Task Description
Policy CE-6 Support regional efforts to improve traffic while accommodating future development.

Policy CE-7 Ensure an effective transit system by supporting the work of other agencies in their efforts to expand public transit in and around Daly City.

Task CE-13.3 Consider impacts to the existing and future bicycle and pedestrian network when completing environmental review for private development projects, and require mitigation measures where necessary and reasonable to ensure that these systems are not impacted.

Existing Conditions
Roadway Network
Regional access to the project site is provided by U.S. 101 and Interstate 280 (I-280). Local access to the project site is provided via Carter Street, Martin Street, Geneva Avenue, and Bayshore Boulevard. These roadways are described below:

U.S. 101 is an eight-lane, north-south freeway that runs along the western side of San Francisco Bay. The Bayshore Boulevard off-ramp provides access to the project site from U.S. 101 North. The Third Street/Cow Palace off-ramp provides access to the project site from U.S. 101 South.

I-280 is an eight- to 12-lane, north-south freeway that runs through the middle of Daly City. The Geneva Avenue/Ocean Avenue off-ramp provides access to the project site from I-280 in both directions.

Geneva Avenue is a four-lane, east-west arterial street that provides access to Carter Street and I280.

Bayshore Boulevard is a four-lane, north-south arterial street that provides access to Geneva Avenue and U.S. 101.

Carter Street is a two-lane, north-south neighborhood street that runs along the west side of the project site. It provides direct access to the project site.

Martin Street is a two-lane, east-west neighborhood street that runs along the south side of the project site and along the proposed transmission line.

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Bicycle and Pedestrian Facilities
There are no sidewalks providing direct access to the project site; however, there are sidewalks along the west side of Carter Street directly across from the project driveway. Sidewalks are also provided on the south side of Martin Street and both sides of Geneva Avenue. There are Class III designated bike lanes on Martin Street and Carter Street along the project frontage and Class II bike lanes along Geneva Avenue.72
Transit Services
SamTrans
SamTrans provides the principal bus service in San Mateo County. It operates local and school buses, as well as express routes to San Francisco. It is also a service provider for paratransit. All scheduled buses are equipped with front-loading racks that can hold up to two bicycles. In the project vicinity, bus stops exist along Geneva Avenue and Carter Street. The closest bus stop is located at the intersection of Carter Street and Saddleback Drive, approximately 300 feet south of the project driveway.

BART
The nearest BART station is the Balboa Park BART station, located approximately 1.5 miles northwest of the project site. From the Balboa Park BART station, riders can access Fremont, Pleasanton/Dublin, Richmond and Pittsburg as well as numerous points in between. Trains run on approximately 15-minute headways during commute hours. There are also a number of bus routes and shuttles operated by SamTrans that stop at the Balboa Park BART station.

Methodology
VMT Analysis
At the time of this report, the City of Daly City is undertaking a process of updating its significance thresholds to be consistent with SB 743, and the CEQA 2019 Update Guidelines Section 15064.3, subdivision (b). The City has not released draft significance thresholds to determine project VMT impacts. In September 2021, C/CAG published the SB 743 Implementation Decisions document with guidelines for VMT analysis. In the absence of a City policy or draft numeric thresholds, this analysis uses C/CAG’s guidelines.
72 Class II bike lanes are on-road, separated (striped) bike lanes. Class III bike lanes, or bike routes (with sharrows), designate a preferred route for bicyclists on streets shared with motor traffic not served by dedicated bikeways to provide continuity to the bikeway network.

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4.17.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
a) Conflict with a program, plan, ordinance, or
policy addressing the circulation system,
including transit, roadways, bicycle lanes, and
pedestrian facilities?
b) Conflict or be inconsistent with CEQA Guidelines
Section 15064.3, subdivision (b)?
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves or
dangerous intersections) or incompatible land
uses (e.g., farm equipment)?
d) Result in inadequate emergency access?
a) Would the project conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadways, bicycle lanes, and pedestrian facilities? Roadways
The City of Daly City does not currently have an adopted VMT policy. Per SB 743, the City’s LOS standards cannot be used in CEQA analysis for transportation impacts. The CMP requires traffic impact analyses when a project generates greater than a 100 average daily trips. The project would not generate more than 100 average daily trips as it would be monitored remotely and not have any permanent employees; therefore, a County CMP analysis is not required. The project’s VMT impact is discussed in Impact TRN-2, below.

Bicycle and Pedestrian Facilities
The project would not generate a large volume of pedestrian or bicycle trips, as it would be monitored remotely and not have any permanent employees and, therefore, would not exceed the capacity of existing facilities. The project would also not conflict with the City’s Bicycle and Pedestrian Master Plan.

Transit
The project could generate new transit users but is not anticipated to exceed the capacity of bus service near the project site. The project would not conflict with any SamTrans policies related to the transit system. (Less than Significant Impact)

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b) Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)?
The VMT thresholds used for this project are based on the Governor’s Office of Planning and Research (OPR)’s recommendations. Per OPR guidelines, projects that generate or attract fewer than 110 trips per day may be assumed to cause a less than significant transportation impact. The project would be monitored remotely with no permanent employees on-site. Only periodic maintenance trips would be needed throughout the year; thus, the project would generate less than 110 trips per day. Given that the project would generate less than 110 trips, the project would have a less than significant VMT impact. (Less than Significant Impact) c) Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Vehicle access to the project site would be provided via a 26-foot-wide driveway along Carter Street. The driveway would lead to an eight-foot-tall security gate providing access to the BESS and substation, as well as a public access road that runs along the western side of the site. Internal roadways (26 feet wide), inside the security gate, would surround the BESS and provide access to the substation. No pedestrian facilities are proposed within the project site. Landscaping would be planted in a manner that would ensure no conflicts with a driver’s ability to locate a gap in traffic and see oncoming bicycles and vehicles. Trees planted at the project driveway on Carter Street would be set back from the roadway and located to provide adequate sight lines for vehicles. No other objects exist or are proposed along the project frontages that would reduce vehicle sight distance. For these reasons, the proposed project would not create an operational safety hazard. (Less than Significant Impact)
d) Would the project result in inadequate emergency access? The project driveway would lead to internal roadways that loop around the BESS and provide direct access to the substation, ensuring adequate circulation for emergency vehicles. In addition, the project would be reviewed by City staff and NCFA to ensure adequate emergency access. For these reasons, the project would not result in inadequate emergency access. (Less than Significant Impact)

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Tribal Cultural Resources
The following discussion is based in part upon an archaeological sensitivity analysis prepared by Archaeological/Historical Consultants in May 2024. A copy of the archaeological sensitivity analysis, which is a confidential report, is on file at the City of Daly City Planning Division and is available upon request with appropriate credentials.

4.18.1 Environmental Setting
Regulatory Framework
State
Senate Bill 18
The intent of SB 18 is to aid in the protection of traditional tribal cultural places through local land use planning by requiring city governments to consult with California Native American tribes on projects that include adoption or amendment of general plans (defined in Government Code Section 65300 et seq.) and specific plans (defined in Government Code Section 65450 et seq.). SB 18 requires local governments to consult with tribes prior to making certain planning decisions and to provide notice to tribes at certain key points in the planning process.

Assembly Bill 52
AB 52, effective July 2015, established a new category of resources for consideration by public agencies called Tribal Cultural Resources (TCRs). AB 52 requires lead agencies to provide notice of projects to tribes that are traditionally and culturally affiliated with the geographic area if they have requested to be notified. Where a project may have a significant impact on a tribal cultural resource, consultation is required until the parties agree to measures to mitigate or avoid a significant effect on a tribal cultural resource or until it is concluded that mutual agreement cannot be reached.

Under AB 52, TCRs are defined as follows:
• Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are also either:
o Included or determined to be eligible for inclusion in the California Register of Historic Resources, or
o Included in a local register of historical resources as defined in Public Resources Code Section 5020.1(k).
• A resource determined by the lead agency to be a TCR.

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Existing Conditions
As discussed in Section 4.5 Cultural Resources, there are no known archaeological sites on the project site, PG&E Martin Substation, or along the proposed transmission line route within 0.25- mile of the site. The NAHC was contacted on February 18, 2023, to conduct a Sacred Lands File search. The NAHC responded that no tribal cultural resources were identified during the SLF review.

The NAHC provided a contact list of eight Native American individuals/organizations who may know of cultural resources in this area or have specific concerns about the project. Per SB 18, the City of Daly City requested a tribal consultation list from the NAHC of tribes affiliated with the project area.

The City received a list from the NAHC on December 27, 2022, and sent an email and physical letter to each of the identified individuals/organizations on January 5, 2023, inquiring whether they had any concerns about the proposed project. No responses were received within the 90-day response period and the City concluded consultation on April 4, 2023.

4.18.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project cause a substantial adverse
change in the significance of a tribal cultural
resource, defined in Public Resources Code Section
21074 as either a site, feature, place, cultural
landscape that is geographically defined in terms of
the size and scope of the landscape, sacred place, or
object with cultural value to a California Native
American tribe, and that is:
a) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code Section 5020.1(k)?
b) A resource determined by the lead agency, in its
discretion and supported by substantial
evidence, to be significant pursuant to criteria
set forth in subdivision (c) of Public Resources
Code Section 5024.1? In applying the criteria set
forth in subdivision (c) of Public Resources Code
Section 5024.1, the lead agency shall consider
the significance of the resource to a California
Native American tribe.

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a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k)?
As discussed above, there are no known TCRs on or adjacent to the project site. As discussed in Section 4.5 Cultural Resources, the project site has a low potential to encounter subsurface tribal cultural resources; however, construction-related ground disturbing activities could result in a significant impact to such resources if encountered. In the event that an inadvertent discovery of a tribal cultural resource is made, mitigation measures MM CUL-1.1, MM CUL-1.2, and MM CUL-2.1 would be implemented. Implementation of these mitigation measures would ensure that any subsurface tribal cultural resources encountered during construction are appropriately treated and protected. (Less than Significant Impact with Mitigation Incorporated) b) Would the project cause a substantial adverse change in the significance of a tribal cultural resource that is determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1?
See response to Impact TCR-1 above. (Less than Significant Impact with Mitigation Incorporated)

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Utilities and Service Systems

4.19.1 Environmental Setting
Regulatory Framework
State
State Water Code
Pursuant to the State Water Code, water suppliers providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre-feet (approximately 980 million gallons) of water annually must prepare and adopt an urban water management plan (UWMP) and update it every five years. As part of a UWMP, water agencies are required to evaluate and describe their water resource supplies and projected needs over a 20-year planning horizon, water conservation, water service reliability, water recycling, opportunities for water transfers, and contingency plans for drought events. The City of Daly City adopted its most recent UWMP in June 2021.

Senate Bill 610
SB 610 amended state law, effective January 1, 2002, to improve the link between information on water supply availability and certain land use decisions made by cities and counties. SB 610 requires preparation of a WSA containing detailed information regarding water availability to be provided to the decision-makers prior to approval of specified large development projects that also require a General Plan Amendment. This WSA must be included in the administrative record that serves as the evidentiary basis for an approval action by the city or county on such projects. Under SB 610, WSAs must be furnished to local governments for inclusion in any environmental documentation for certain projects subject to CEQA. Pursuant to the California Water Code (Section 10912[a]), projects that require a WSA include a proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area. WSAs are also required for projects that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project.

Assembly Bill 939
The California Integrated Waste Management Act of 1989, or AB 939, established the Integrated Waste Management Board, required the implementation of integrated waste management plans, and mandated that local jurisdictions divert at least 50 percent of solid waste generated (from 1990 levels), beginning January 1, 2000, and divert at least 75 percent by 2010. Projects that would have an adverse effect on waste diversion goals are required to include waste diversion mitigation measures.

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Assembly Bill 341
AB 341 sets forth the requirements of the statewide mandatory commercial recycling program.

Businesses that generate four or more cubic yards of garbage per week and multi-family dwellings with five or more units in California are required to recycle. AB 341 sets a statewide goal for 75 percent disposal reduction by the year 2020.

Senate Bill 1383
SB 1383 establishes targets to achieve a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction by 2025. The bill grants CalRecycle the regulatory authority required to achieve the organic waste disposal reduction targets and establishes an additional target that at least 20 percent of currently disposed edible food is recovered for human consumption by 2025.

California Green Building Standards Code
The California Green Building Standards Code (CALGreen) establishes mandatory green building standards for all buildings in California. The code is updated every three years and was most recently updated in 2022. The CALGreen code covers five categories: planning and design, energy efficiency, water efficiency and conservation, material conservation and resources efficiency, and indoor environmental quality. These standards include mandatory measures, as well as more rigorous voluntary guidelines, to reduce water and wastewater use, provide recycling facilities, and ensure that construction projects recycle or salvage 65 percent of non-hazardous construction and demolition waste.

Local
City of Daly City General Plan
The General Plan includes policies and tasks for the purpose of avoiding or mitigating impacts resulting from planned development projects with the City. The following policies and tasks are specific to utilities and service systems and are applicable to the proposed project.

General Plan Policies and Tasks
Policy/Task Description
Policy RME-1 Reduce average per capita demand by implementing cost effective water conservation programs that address all applicable methods of water conservation.

Policy RME-2 Require drought resistant landscaping and water conserving irrigation methods in new development, and encourage the replacement of existing water-intensive landscaping.

Task RME-2.1 Enforce the provisions of the Water Conservation in Landscaping Ordinance and conduct a public education effort to ensure that residents, businesses, and contractors are aware of the Ordinance provisions.

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Policy/Task Description
Policy RME-3 Continue to use recycled wastewater for irrigating and explore opportunities to expand capacity to accommodate its use in development projects, landscaped medians, golf courses, cemeteries, parks, and school playgrounds.

Task RME-4.1 Develop a water supply questionnaire for inclusion with any application involving 50 or more residential units, 50,000 square feet or commercial or industrial development, or other predefined development intensity that constitutes a significance threshold under CEQA.

Policy RME-8 Through the development of a Stormwater Management Program, ensure that all new development complies with applicable municipal stormwater Municipal Regional Stormwater NPDES Permit by incorporating controls that reduce water quality impacts over the life of the project in way that is both technically and economically feasible, and reduces pollutants in stormwater discharges to the maximum extent practicable.

Task RME-8.2 Evaluate acceptable development standards for stormwater treatment mechanisms and publish such standards for distribution to developers. Such standards shall be based on a thorough evaluation of modern stormwater control mechanisms and shall, to the extent feasible, consider soil conditions in various parts of Daly City.

Task RME-8.4 Assess projected stormwater impacts from new development in conformance with the San Mateo County Water Pollution Prevention Program, CEQA Guidelines and relative to state and federal standards.

Daly City 2020 Urban Water Management Plan
The Urban Water Management Plan (UWMP) is a long-range plan that assesses the city’s water supply over a 25-year planning horizon (2045) to ensure adequate water supplies to meet existing and future demands for water. The UWMP presents forecasted supplies and demands, describes conservation programs, and includes a water shortage contingency analysis.

Daly City Municipal Code
Chapter 15.64, Recycling and Diversion of Construction and Demolition Debris, requires that all projects meet the minimum diversion percentage required under the latest locally adopted CALGreen standard for waste tonnage from construction, demolition, and alteration projects. This may be accomplished by delivering mixed debris to a recycling facility approved by the city, separating recyclables at the job site and delivering them to reuse and recycling facilities approved by the city, and/or reusing concrete or other waste materials at the jobsite.

Chapter 17.41, Water Conservation in Landscaping, establishes regulations to implement water conservation practices on existing and new landscapes. For projects containing more than 1,000 square feet of irrigated landscape, a landscape permit is required which requires irrigation design review. Further, this Chapter mandates that any owner of landscape of over one (1) acre in size shall comply with local agency programs that may be instituted relating to irrigation audits, surveys and water use analysis, and shall maintain landscape irrigation facilities to prevent water waste and runoff.

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Existing Conditions
Water Service and Supply
Water service to the project site is provided by the Daly City Department of Water and Wastewater Resources (DWWR). The City relies on local groundwater pumping from five municipal wells, which extracts groundwater from the Westside Groundwater Basin, and water supply purchases from the San Francisco Public Utilities Commission (SFPUC).73 The City also uses tertiary recycled water from the North San Mateo County Sanitation District wastewater treatment plant, to offset potable/ aquifer water demands. Currently recycled water is used to water five golf courses, two city parks, and road median strips. Recycled water is not a source of water proposed for the project site.

The project site is currently served by a 12-inch water main in Carter Street near the entrance driveway. The project site is currently vacant and does not use any water.

Sanitary Sewer/Wastewater Treatment
Sanitary sewer lines in the project area are inspected and maintained by the Bayshore Sanitary District. Wastewater produced within the District is pumped via the Carlyle Pump Station to the San Francisco Public Utility Commission’s (SFPUC) Southeast Treatment Plant (STP), which is located approximately three miles northeast of the project site. The Bayshore Sanitary District has a current agreement with the STP through July 2025.74
The project site is vacant and does not generate any wastewater.

Storm Drainage
As discussed in Section 4.10 Hydrology and Water Quality, Sunnydale watershed which drains to the San Francisco Bay via Brisbane.

The project site is gently sloping from west to east and situated at an elevation of approximately 140 feet msl. Surface runoff on-site is collected in drains or inlets and conveyed via below grade pipes to three storm drain outfalls located along the western property line. The outfall discharges to an existing 10-inch storm drain line that connects to the larger storm drain system within the Cow Palace property. This system flows towards Bayshore Boulevard and discharges into a 60-inch storm drain line through Brisbane and ultimately into San Francisco Bay, approximately 1.6 miles east of the project site.

The project site is approximately 92 percent impervious surfaces and eight percent pervious surfaces.
73 Brown and Caldwell. Daly City 2020 Urban Water Management Plan. June 2021. Page 6-8. 74 Bayshore Sanitary District. “About Bayshore Sanitary District”. Accessed June 24, 2024. http://www.bayshoresanitary.com/about-bayshore-sanitary-district/.

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Solid Waste
Solid waste is collected from Daly City homes and businesses and is processed by Republic Services of Daly City and transferred to the Ox Mountain Sanitary Landfill near Half Moon Bay. In 2001, Browning-Ferris Industries, owner of the Ox Mountain Landfill, obtained a revised solid waste facility permit for Ox Mountain to increase the permitted disposal acreage from 173 acres to 191 acres. According to CalRecycle, the landfill has a remaining capacity of 22,180,000 cubic yards and an estimated closure date of 2034.75
Electric, Telecommunication, and Natural Gas Facilities Peninsula Clean Energy (PCE) is a public and locally controlled electricity provider for the County of San Mateo. Electricity provided by PCE is delivered through PG&E transmission lines. PG&E supplies natural gas services to the project area. Telecommunication services are also provided through underground infrastructure by various service providers.

4.19.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
a) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or stormwater drainage,
electric power, natural gas, or
telecommunications facilities, the construction
or relocation of which could cause significant
environmental effects?
b) Have insufficient water supplies available to
serve the project and reasonably foreseeable
future development during normal, dry and
multiple dry years?
c) Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it does not have adequate
capacity to serve the project’s projected
demand in addition to the provider’s existing
commitments?
d) Generate solid waste in excess of state or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the
attainment of solid waste reduction goals?
75 CalRecyle. SWIS Facility Detail. Cordina Los Trancos (Ox Mtn) (41-AA-0002). Accessed on August 9, 2023. https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/1561?siteID=3223.

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Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
e) Be noncompliant with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
a) Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
Water Facilities
The proposed project would be monitored remotely, with maintenance staff visiting the facility periodically throughout the year. The project would connect to the existing 12-inch water main in Carter Street near the project site driveway. Currently the project site uses no water and no bathroom facilities are proposed as part of the project. Water would only be used for fire suppression during emergencies and for landscaping. Thus, the project would not necessitate expansion of existing water facilities or construction of new water facilities and would have a less than significant impact. (Less than Significant Impact) Wastewater Facilities
As discussed above, the project would be monitored remotely, with maintenance staff visiting the facility periodically throughout the year. No restrooms are proposed on-site; therefore, the project would not generate any wastewater and would not require the expansion of existing wastewater facilities or construction of new wastewater facilities. (No Impact) Stormwater Drainage
As discussed in Section 4.10 Hydrology and Water Quality, the proposed project would result in a net increase of 10,000 square feet of impervious surface area compared to existing conditions; however, the project includes a dry detention pond designed to retain stormwater on-site during a 25-year storm event. Stormwater from the detention pond would then discharge to an existing 10- inch storm drain line along the eastern property line, connecting to the larger storm drain system within the Cow Palace property. Pervious surface area provided by the project would include landscaping and bioretention areas. Thus, the proposed project, in conformance with applicable regulations, would not result in significant impacts to the storm drain system. (Less than Significant Impact)

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Electric Power, Natural Gas, and Telecommunication Utilities The project site is currently served by electric power and telecommunication utilities and would not require the use of natural gas. The proposed redevelopment of the site would not require the expansion of natural gas and telecommunication utilities. The proposed project would develop additional electric power facilities on the site, including a BESS facility, substation and electric transmission line. The impacts from construction of the proposed facilities are described throughout this Initial Study. No additional electrical power lines or facilities, than those proposed by the project, would be required to serve the proposed development. (Less than Significant Impact)
b) Would the project have insufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? As discussed above, the project would be monitored remotely and maintenance staff would visit the facility periodically throughout the year. No restrooms are proposed as part of the project and water would only be used during fire emergencies and for landscaping. Thus, the project would have little impact on the City’s water supplies and the impact would be less than significant. (Less than Significant Impact)
c) Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it does not have adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? As discussed previously, the proposed project does not include any restroom facilities and would not generate any wastewater. Thus, the project would not result in a determination by the wastewater treatment provider that it does not have adequate capacity. (No Impact) d) Would the project generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
As discussed above, the proposed project would be monitored remotely and maintenance staff would visit the facility periodically throughout the year. Solid waste generated by the project would be negligible and any waste generated by the project would be sent to Ox Mountain Landfill, which has a remaining capacity of 22,180,000 cubic yards.76 Thus, the project would not generate solid waste in excess of local standards or capacity and would not impair the attainment of solid waste reduction goals. (Less than Significant Impact)
76 CalRecyle. SWIS Facility Detail. Cordina Los Trancos (Ox Mtn) (41-AA-0002). Accessed on August 9, 2023. https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/1561?siteID=3223.

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e) Would the project be noncompliant with federal, state, or local management and reduction statutes and regulations related to solid waste?
The project would comply with solid waste management and reductions statutes and regulations including CALGreen requirements and Chapter 15.64 of the Daly City Municipal Code for recycling and salvaging of construction and demolition waste. (Less than Significant Impact)

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Wildfire

4.20.1 Environmental Setting
Existing Conditions
The California Department of Forestry and Fire Protection (CAL FIRE) is required by law to map areas of significant fire hazards based on fuels, terrain, weather, and other relevant factors.

Referred to as Fire Hazard Severity Zones (FHSZ), these maps influence how people construct buildings and protect property to reduce risk associated with wildland fires. The project site is not located in a FHSZ.77 San Bruno Mountain is identified as a Moderate Fire Hazard Severity Zone in a State Responsibility Area (SRA).78

4.20.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
If located in or near state responsibility areas or
lands classified as very high fire hazard severity
zones, would the project:
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and thereby
expose project occupants to pollutant
concentrations from a wildfire or the
uncontrolled spread of a wildfire?
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines
or other utilities) that may exacerbate fire risk
or that may result in temporary or ongoing
impacts to the environment?
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
The project site is located in an urbanized area of Daly City and is not located in or near state responsibility areas or lands classified as very high fire hazard severity zones; therefore, the project would not result in wildfire impacts. (No Impact)
77 CAL FIRE. “Fire Hazard Severity Zones in State Responsibility Area.” Accessed August 9, 2023. https://calfireforestry.maps.arcgis.com/apps/webappviewer/index.html?id=988d431a42b242b29d89597ab693d008. 78 Ibid.

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Mandatory Findings of Significance
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Does the project have the potential to
substantially 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, substantially 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
which will cause substantial adverse effects on
human beings, either directly or indirectly?
a) Does the project have the potential to substantially 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, substantially 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?
As discussed throughout this Initial Study, the proposed project would not substantially degrade the quality of the environment with implementation of identified mitigation measures. As discussed in Section 4.4 Biological Resources, with implementation of mitigation measures MM BIO-1.1 and MM BIO-2.1, the project would not significantly impact nesting birds or roosting bats. No sensitive species or habitats would be significantly impacted by the project. As discussed in Section 4.5 Cultural Resources and Section 4.18 Tribal Cultural Resources, with implementation of mitigation measures MM CUL-1.1, MM CUL-1.2, and MM CUL-2.1, the project would result in a less than significant impact on archaeological resources and TCRs. In addition, as discussed in Section 4.9 Hazards and Hazardous Materials, the project would implement MM HAZ-1.1 to prevent exposure to existing soil contaminants. The project would have no impact on historic resources. (Less than Significant Impact with Mitigation Incorporated)

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b) Does the project have impacts that are individually limited, but cumulatively considerable? Under Section 15065(a)(3) of the CEQA Guidelines, a lead agency shall find that a project may have a significant effect on the environment where there is substantial evidence that the project has potential environmental effects “that are individually limited, but cumulatively considerable.” As defined in Section 15065(a)(3) of the CEQA Guidelines, cumulatively considerable means “that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.” This Initial Study evaluates the environmental impacts of the proposed BESS, substation, and transmission line and takes into account other past, pending, and probably future projects whose impacts could combine to produce cumulative impacts.

The proposed development would result in temporary air quality, hazards and hazardous materials, and noise impacts during construction. With implementation of the identified mitigation measures and consistency with adopted City policies, the construction impacts would be mitigated to a less than significant level. As the identified impacts are temporary and would be mitigated, the project would not have cumulatively considerable impacts on air quality, hazards and hazardous materials and noise in the project area. The impacts of the project on biological resources, cultural resources, and tribal cultural resources would be avoided and minimized through the use of mitigation measures to ensure the project would not substantially contribute to a cumulative impact on those resources.

The project would have a less than significant impact on aesthetics, energy, geology and soils, greenhouse gas emissions, hydrology and water quality, land use and planning, public services, transportation, and utilities, and would not contribute to cumulative impacts to these resources given the limited scope of the project. The project would not impact agricultural and forest resources, mineral resources, population and housing, recreational facilities, or wildfire hazards.

Therefore, the project would not contribute to a significant cumulative impact on these resources. (Less than Significant Impact with Mitigation Incorporated) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Consistent with Section 15065(a)(4) of the CEQA Guidelines, a lead agency shall find that a project may have a significant effect on the environment where there is substantial evidence that the project has the potential to cause substantial adverse effects on human beings, either directly or indirectly. Pursuant to this standard, a change to the physical environment that might otherwise be minor must be treated as significant if people would be significantly affected. This factor relates to adverse changes to the environment of human beings generally, and not to effects on particular individuals. While changes to the environment that could indirectly affect human beings would be represented by all of the designated CEQA issue areas, those that could directly affect human beings include air quality pollutants, geological hazards, hazardous materials, and noise. As discussed in Section 4.3 Air Quality, 4.7 Geology and Soils, 4.9 Hazards and Hazardous Materials,

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and 4.13 Noise, with the implementation of mitigation measures and adherence to existing laws and regulations, the project would avoid significant impacts. No other direct or indirect adverse effects on human beings have been identified. (Less than Significant Impact with Mitigation Incorporated)

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Section 5.0 References
The analysis in this Initial Study is based on the professional judgement and expertise of the environmental specialists preparing this document, based upon review of the site, surrounding conditions, site plans, and the following references:

NV5/Alta Environmental. Phase I Environmental Site Assessment, 2150 Geneva Avenue, Daly City, CA. September 2020.

Archaeological/Historical Consultants. Archaeological Sensitivity Assessment 2150 Geneva Avenue, Daly City. May 2024.

Association of Bay Area Governments and Metropolitan Transportation Commission. Plan Bay Area 2050. October 21, 2021.

Bay Area Air Quality Management District. CEQA Air Quality Guidelines. April 2022. ---. Final 2017 Clean Air Plan. April 19, 2017.

Bayshore Sanitary District. “About Bayshore Sanitary District”. Accessed June 24, 2024. http://www.bayshoresanitary.com/about-bayshore-sanitary-district/.

Brown and Caldwell. Daly City 2020 Urban Water Management Plan. June 2021.

CAL FIRE. “Fire Hazard Severity Zones in State Responsibility Area”. Accessed August 9, 2023. https://calfire-forestry.maps.arcgis.com/apps/webappviewer/ index.html?id=988d431a42b242b29d89597ab693d008.

California Air Resources Board. “Overview: Diesel Exhaust and Health.” Accessed July 5, 2023. https://ww2.arb.ca.gov/resources/overview-diesel-exhaust-and-health. ---. “The Advanced Clean Cars Program.” Accessed April 3, 2023. https://ww2.arb.ca.gov/ourwork/programs/advanced-clean-cars-program.

California Building Standards Commission. “California Building Standards Code.” Accessed April 3, 2023. https://www.dgs.ca.gov/BSC/Codes#@ViewBag.JumpTo.

California Department of Conservation. “California Earthquake Hazards Zone Application”. Accessed April 5, 2023. https://maps.conservation.ca.gov/cgs/EQZApp/app/. ---. “Farmland Mapping and Monitoring Program.” Accessed April 3, 2023. http://www.conservation.ca.gov/dlrp/fmmp/Pages/Index.aspx.

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---. “San Mateo County Tsunami Hazard Areas”. Accessed April 12, 2023. https://www.conservation.ca.gov/cgs/tsunami/maps/san-mateo. ---. “Williamson Act.” Accessed April 3, 2023. http://www.conservation.ca.gov/dlrp/lca. ---. San Mateo County Important Farmland Map 2018. September 2019.

California Department of Finance. E-5 Population and Housing Estimates for Cities, Counties, and the State 2011-2022 with 2020 Census Benchmark. Accessed on May 3, 2023. http://dof.ca.gov/Forecasting/Demographics/Estimates/E-5/.

California Department of Forestry and Fire Protection. “Fire and Resource Assessment Program.” Accessed April 3, 2023. http://frap.fire.ca.gov/.

California Department of Housing and Community Development. “Regional Housing Needs Allocation and Housing Elements” Accessed December 8, 2020. http://hcd.ca.gov/community-development/housing-element/index.shtml.

California Department of Tax and Fee Administration. “Net Taxable Gasoline Gallons.” Accessed April 3, 2023.
https://www.cdtfa.ca.gov/dataportal/dataset.htm?url=VehicleTaxableFuelDist.

California Department of Water Resources. “Bulletin 118: Visitacion Valley Basin”. Accessed May 3, 2023. https://www.smcsustainability.org/wp-content/uploads/filebase/energywater/groundwater/2-32.pdf. ---. “State Groundwater Management Act Basin Prioritization Dashboard”. Accessed April 12, 2023. https://gis.water.ca.gov/app/bp-dashboard/final/.

California Energy Commission (CEC). “2019 Building Energy Efficiency Standards.” Accessed April 3, 2023. https://www.energy.ca.gov/programs-and-topics/programs/building-energyefficiency-standards/2019-building-energy-efficiency. ---. “2022 Building Energy Efficiency Standards What’s New for Single-Family Residential.” Revised July 15, 2022. Accessed January 18, 2023.
https://www.energy.ca.gov/sites/default/files/2022-08/2022_Singlefamily_Whats_New_Summary_ADA.pdf. ---. “2022 Building Energy Efficiency Standards What’s New for Multifamily.” Revised August 4, 2022. Accessed January 18, 2023. https://www.energy.ca.gov/sites/default/files/2022- 08/2022_Multifamily_Whats_new_Summary_ADA.pdf.
---. “2022 Building Energy Efficiency Standards What’s New for Nonresidential.” Revised August 4, 2022. Accessed January 18, 2023. https://www.energy.ca.gov/sites/default/files/2022- 08/2022_Nonresidential_Whats_New_Summary_ADA.pdf.

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---. “Natural Gas Consumption by County.” Accessed March 13, 2023. http://ecdms.energy.ca.gov/gasbycounty.aspx.
---. “State Profile and Energy Estimates, 2020.” Accessed March 13, 2023. https://www.eia.gov/state/?sid=CA#tabs-2.
---. Energy Consumption Data Management System. “Electricity Consumption by County.” Accessed March 13, 2023. http://ecdms.energy.ca.gov/elecbycounty.aspx.

California Environmental Protection Agency, State Water Resources Control Board. “Impaired Water Bodies”. Accessed April 12, 2023.
https://www.waterboards.ca.gov/water_issues/programs/tmdl/integrated2014_2016.shtml California Environmental Protection Agency. “Cortese List Data Resources.” Accessed April 5, 2023. https://calepa.ca.gov/sitecleanup/corteselist/.

California Gas and Electric Utilities. 2022 California Gas Report. Accessed March 13, 2023.

California Office of Historic Preservation. “CEQA Guidelines Section 15064.5(a)(3) and California Office of Historic Preservation Technical Assistance Series #6.” Accessed August 31, 2020. http://www.ohp.parks.ca.gov/pages/1069/files/technical%20assistance%20bulletin%206%2 02011%20update.pdf.

California Regional Water Quality Control Board San Francisco Region. Municipal Regional Stormwater NPDES Permit, Order No. R2-2022-0018, NPDES Permit No. CAS612008. May 11, 2022.

California State Water Resources Control Board. “2020-2022 California Integrated Report (Clean Water Act Section 303(d) List and 305(b) Report).” May 11, 2022. Accessed April 12, 2023. https://www.waterboards.ca.gov/water_issues/programs/water_quality_assessment/2020 _2022_integrated_report.html.

CalRecyle. SWIS Facility Detail. Cordina Los Trancos (Ox Mtn) (41-AA-0002). Accessed on August 9, 2023. https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/1561?siteID=3223.

CARB. 2022 Scoping Plan for Achieving Carbon Neutrality. November 16, 2022.

City of Daly City. “Fire Department”. Accessed May 3, 2023. https://www.dalycity.org/461/FireDepartment. ---. “Police Officer”. Accessed May 3, 2023. https://www.dalycity.org/389/Police-Officer. ---. General Plan Update Draft Environmental Impact Report. October 2012. ---. Municipal Code 16.30.050. Accessed December 8, 2020.

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Department of Toxic Substances Control. “EnviroStor”. Accessed April 5, 2023. https://www.envirostor.dtsc.ca.gov/public/profile_report?global_id=41360100.

Federal Emergency Management Agency. FIRM 06081C0035F. April 5, 2019.

Federal Transit Administration. Transit Noise and Vibration Impact Assessment Manual. 2018. https://www.socalgas.com/sites/default/files/Joint_Utility_Biennial_Comprehensive_California_Ga s_Report_2022.pdf.

Illingworth & Rodkin, Inc. 2150 Geneva Avenue Battery Storage Construction Health Risk Assessment. September 6, 2024.
---. 2150 Geneva Avenue Battery Storage Project Noise and Vibration Assessment. September 6, 2024.

MRS Environmental. Hazards Analysis Final Report Cormorant Energy Project Daley City, California.

September 2023.

Peninsula Clean Energy. “Frequently Asked Questions.” Accessed March 13, 2023. https://www.peninsulacleanenergy.com/faq/. 2) Peninsula Clean Energy. “Energy Choices.” Accessed March 13, 2023. https://www.peninsulacleanenergy.com/faq/.

San Mateo County. “Williamson Act Parcels” Accessed April 3, 2023. https://data.smcgov.org/Housing-Development/Williamson-Act-Parcels/sq6e-7j5j.

U.S. Energy Information Administration. “Petroleum & Other Liquids, California Field Production of Crude Oil.” Accessed February 28, 2023.
https://www.eia.gov/dnav/pet/hist/LeafHandler.ashx?n=pet&s=mcrfpca1&f=a.

United States Department of Agriculture. “Web Soil Survey”. Accessed April 5, 2023. https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx.

United States Department of Energy. Energy Independence & Security Act of 2007. Accessed March 13, 2023. http://www.afdc.energy.gov/laws/eisa.

United States Department of Transportation. “USDOT Announces New Vehicle Fuel Economy Standards for Model Year 2024-2026.” Accessed March 13, 2023. https://www.nhtsa.gov/press-releases/usdot-announces-new-vehicle-fuel-economystandards-model-year-2024-2026.

United States Energy Information Administration. “Natural Gas Consumption by End Use. 2021.” Accessed March 13, 2023. https://www.eia.gov/state/?sid=CA#tabs-2.

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---. “State Profile and Energy Estimates, 2020.” Accessed March 13, 2023. https://www.eia.gov/state/?sid=CA#tabs-2.

United States Environmental Protection Agency. “Summary of the Resource Conservation and Recovery Act.” Accessed April 5, 2023. https://www.epa.gov/laws-regulations/summaryresource-conservation-and-recovery-act.

United States Environmental Protection Agency. “The 2022 EPA Automotive Trends Report:

Greenhouse Gas Emissions, Fuel Economy, and Technology since 1975.” December 2022. https://www.epa.gov/system/files/documents/2022-12/420r22029.pdf.

University of California Davis. “SoilWeb”. Accessed April 5, 2023. https://casoilresource.lawr.ucdavis.edu/gmap/.

WRA, Inc. Cormorant Energy Storage Project Constraints Assessment. September 9, 2024.

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Section 6.0 Lead Agency and Consultants
Lead Agency
City of Daly City
Economic and Community Development Department
Michael Van Lonkhuysen, Planning Manager
Sam Fielding, Associate Planner
Consultants
David J. Powers & Associates, Inc.

Environmental Consultants and Planners
Will Burns, Principal Project Manager
Tyler Rogers, Project Manager
Ryan Osaka, Graphic Artist
Archaeological/Historical Consultants, Inc.

Cultural Resources Consultant
Dan Shoup, Principal
Molly Fierer-Donaldson, RPA
Illingworth & Rodkin, Inc.

Air Quality and Noise Consultants
James A. Reyff, Principal
Michael S. Thill, Principal
Carrie J. Janello, Senior Consultant
Zachary Palm, Consultant
MRS Environmental
Environmental Consultants
NV5/Alta Environmental
Hazardous Materials Consultant
Eric Fraske, Senior Engineer
Bryan Stone, Vice President and Senior Technical Reviewer

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WRA, Inc.

Biological Consultants
Justin Semion, Principal and Technical Services Director Scott Batiuk, Plant Biologist

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Section 7.0 Acronyms and Abbreviations
AB Assembly Bill
ABAG Association of Bay Area Governments
ACM Asbestos-Containing Material
ALUC Airport Land Use Commission
APN Assessor’s Parcel Number
ATCM Asbestos Airborne Toxic Control Measure
BAAQMD Bay Area Air Quality Management District
Bay Area San Francisco Bay Area
BESS Batter Energy Storage System
Btu British Thermal Unit
CAAQS California Ambient Air Quality Standard
CAL FIRE California Department of Forestry and Fire Protection Cal/OSHA California Department of Industrial Relations, Division of Occupational Safety and Health
CalARP California Accidental Release Prevention
CalEPA California Environmental Protection Agency
CALGreen California Green Building Standards
Caltrans California Department of Transportation
CARB California Air Resources Board
CBC California Building Standards Code
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CFC Chlorofluorocarbon
CFR Code of Federal Regulations
CGS California Geological Survey
CH4 Methane
CLUP Comprehensive Land Use Plan
CNEL Community Noise Equivalent Level
CO Carbon Monoxide

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CO2 Carbon Dioxide
CO2e Carbon Dioxide Equivalents
CRHR California Register of Historical Resources
CUPA Certified Unified Program Agency
dBA A-weighted decibel
DNL Day/Night Average Sound Level
DPM Diesel Particulate Matter
DTSC Department of Toxic Substances Control
EIR Environmental Impact Report
EO Executive Order
EPA Environmental Protection Agency
ESA Environmental Site Assessment
FAA Federal Aviation Administration
FAR Federal Aviation Regulations
FHSZ Fire Hazard Severity Zone
FMMP Farmland Mapping and Monitoring Program
GHG Greenhouse Gases
GHGRS Greenhouse Gas Reduction Strategy
GWh Gigawatt Hour
GWP Global Warming Potential
Habitat Plan Santa Clara Valley Habitat Plan
HSWA Hazardous and Solid Waste Amendments
Leq Energy-Equivalent Sound/Noise Descriptor
Lmax Maximum A-weighted noise level during a measurement period LOS Level of Service
LRA Local Responsibility Area
MBTA Migratory Bird Treaty Act
MMTCO2e Million Metric Tons of Carbon Dioxide Equivalent MND Mitigated Negative Declaration
mpg Miles per Gallon
MSL Mean Sea Level

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MTC Metropolitan Transportation Commission
N2O Nitrous Oxide
NAAQS National Ambient Air Quality Standard
NAHC Native American Heritage Commission
NCP National Contingency Plan
NESHAP National Emission Standards for Hazardous Air Pollutants NO2 Nitrogen Dioxide
NOA Naturally Occurring Asbestos
NOD Notice of Determination
NOx Nitrogen Oxides
NRHP National Register of Historic Places
O3 Ozone
PCB Polychlorinated Biphenyls
PCF Perfluorocarbon
PDA Priority Development Areas
PG&E Pacific Gas and Electric Company
PM Particulate Matter
PM10 Particulate matter with a diameter of 10 microns or less PM2.5 Particulate matter with a diameter of 2.5 microns or less PPV Peak Particle Velocity
R&D Research and Development
RAP Removal Action Plan
RCRA Resource Conservation and Recovery Act
ROG Reactive Organic Gases
RTP Regional Transportation Plan
RWQCB Regional Water Quality Control Board
SB State Bill
SCS Sustainable Communities Strategy
SF6 Sulfur Hexafluoride
SHMA Seismic Hazards Mapping Act
SMARA Surface Mining and Reclamation Act

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SMGB State Mining and Geology Board
SMP Site Management Plan
SOx Sulfur Oxides
SR State Route
SRA State Responsibility Area
SWRCB State Water Resources Control Board
TAC Toxic Air Contaminants
Title 24 Title 24, Part 6 of the California Code of Regulations TSCA Toxic Substances Control Act
USACE United States Army Corps of Engineers
USFWS United States Fish and Wildlife Service
VMT Vehicle Miles Traveled
Williamson Act California Land Conservation Act
WUI Wildland-Urban Interface
ZNE Zero Net Carbon Emission

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Mitigation Monitoring and Reporting Program
Cormorant Energy Storage Project
June 2024

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1 PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring and reporting program is to ensure compliance with the mitigation measures during project implementation.

The Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the Cormorant Energy Storage Project concluded that the implementation of the project could result in significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. This MMRP addresses those measures in terms of how and when they will be implemented.

This document does not discuss those subjects for which the IS/MND concluded that the impacts from implementation of the project would be less than significant.

I, Joshua Coon , the applicant, on the behalf of Cormorant Energy Storage, LLC , hereby agree to fully implement the mitigation measures described below which have been developed in conjunction with the preparation of an IS/MND for my proposed project. I understand that these mitigation measures or substantially similar measures will be adopted as conditions of approval with my development permit request to avoid or significantly reduce potential environmental impacts to a less than significant level.

Project Applicant’s Signature _____________________________________________ Date_____11/5/2024________
Josh Coon (Nov 5, 2024 09:50 PST)
Josh Coon

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2 MITIGATION MONITORING AND REPORTING PROGRAM
Cormorant Energy Storage Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
Air Quality
Impact AIR-1:

Construction of the
project would generate
fugitive dust emissions
and result in significant
NOx emissions. (Less
than Significant Impact
with Mitigation
Incorporated)
MM AIR-1.1: BAAQMD Best Management Practices:

The project shall implement the Bay Area Air Quality
Management District’s (BAAQMD’s) recommended
best management practices (BMPs) and additional
measures to reduce construction equipment exhaust
emissions. These measures shall include the following:
• All exposed surfaces (e.g., parking areas, staging
areas, soil piles, graded areas, and unpaved access
roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other
loose material off-site shall be covered.
• 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 is prohibited.
• All vehicle speeds on unpaved roads shall be
limited to 15 miles per hour (mph).
• All roadways, driveways, and sidewalks to be
paved shall be completed as soon as practicable.

Building pads shall be laid as soon as practicable
The project
applicant and
contractors shall be
responsible for
implementing the
mitigation measures
during all phases of
construction.

All measures shall
be printed on all
construction
documents,
contracts, and
project plans and
shall be reviewed
by the Director of
Economic and
Community
Development
prior to the
issuance of a
grading permit.

Director of
Economic and
Community
Development

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Cormorant Energy Storage Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
after grading unless seeding or soil binders are
used.
• All excavation, grading, and/or demolition
activities shall be suspended when average wind
speeds exceed 20 mph.
• All trucks and equipment, including their tires,
shall be washed off prior to leaving the site.
• Unpaved roads providing access to site located
100 feet of further from a paved road shall be
treated with a 6- to 12-inch layer of compacted
layer of wood chips, mulch, or gravel.
• 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 be
visible to ensure compliance with applicable
regulations.
• Limit the simultaneous occurrence of excavation,
grading, and ground-disturbing construction
activities.
• Install wind breaks (e.g., trees, fences) on the
windward side(s) of actively disturbed areas of

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Cormorant Energy Storage Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
construction. Wind breaks should have at
maximum 50 percent air porosity.
• Plant vegetative ground cover (e.g., fastgerminating native grass seed) in disturbed areas as soon as possible and water appropriately until
vegetation is established.
• Install sandbags or other erosion control measures
to prevent silt runoff to public roadways from sites
with a slope greater than one percent.
• Minimize the amount of excavated material or
waste materials stored at the site.
• Hydroseed or apply non-toxic soil stabilizers to
construction areas, including previously graded
areas, that are inactive for at least 10 calendar
days.

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5 MITIGATION MONITORING AND REPORTING PROGRAM
Cormorant Energy Storage Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
MM AIR-1.2: Selection of Construction Equipment: All
construction equipment larger than 25 horsepower
used at the site for more than two continuous days or
20 hours total shall meet U.S. Environmental
Protection Agency (EPA) Tier 4 emission standards for
NOx.

The applicant and
contractors shall be
responsible for
implementing the
mitigation measures
during all phases of
construction.

All measures shall
be printed on all
construction
documents,
contracts, and
project plans and
shall be reviewed
by the Director of
Economic and
Community
Development
prior to the
issuance of a
grading permit.

Director of
Economic and
Community
Development
Biological Resources
Impact BIO-1:

Construction of the
project could result in
significant impacts to
nesting birds protected
under the federal
Migratory Bird Treaty
Act and State Fish and
Game Code. (Less than
MM BIO-1.1: Initiation of construction activities
during the avian nesting season (February 1 through
August 31) shall be avoided to the extent feasible. If
construction initiation during the nesting season
cannot be avoided, pre-construction nesting bird
surveys shall be conducted by a qualified biologist
within 14 days of initial ground disturbance or
vegetation removal to avoid disturbance to active
nests, eggs, and/or young of nesting birds. Surveys
The project
applicant and
contractors shall be
responsible for
implementing the
mitigation measures
prior to project
construction,
including tree
All measures shall
be printed on all
construction
documents,
contracts, and
project plans and
shall be reviewed
by the Director of
Economic and
Director of
Economic and
Community
Development

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6 MITIGATION MONITORING AND REPORTING PROGRAM
Cormorant Energy Storage Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
Significant Impact with
Mitigation
Incorporated)
shall be used to detect the nests of special-status as
well as non-special-status birds. Surveys shall
encompass the entire construction area and the
surrounding 500 feet. An exclusion zone where no
construction would be allowed shall be established
around any active nests of any protected avian
species found in the Study Area until a qualified
biologist has determined that all young have fledged
and are independent of the nest. Suggested exclusion
zone distances differ depending on species, location,
and placement of nest, and shall be at the discretion
of the biologist and, if necessary, the California
Department of Fish and Wildlife. These surveys would
remain valid as long as construction activity is
consistently occurring in a given area and shall be
completed again if there is a lapse in construction
activities of more than 14 consecutive days during the
breeding bird season.

A report of findings shall be prepared by the qualified biologist and submitted to the Director of Community
Development or Director’s designee for review and
approval prior to initiation of construction during the nesting season (February 1 to August 31). The report
shall either confirm absence of any active nests or
removals or ground
disturbance.

Community
Development
prior to the
issuance of a
grading permit.

A final report of
nesting bird
survey findings,
including any need
for protection
measures, shall be
submitted to the
Director of
Community
Development
prior to the
issuance of a
grading permit or
any tree removal.

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Cormorant Energy Storage Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
should confirm that any young are located within a
designated no-disturbance zone and construction can
proceed. No report of findings is required if
construction is initiated during the non-nesting season (September 1 to January 31) and continues
uninterrupted according to the above criteria.

Impact BIO-2:

Construction of the
project could result in
significant impacts to
roosting special-status
bats. (Less than
Significant Impact with
Mitigation
Incorporated)
MM BIO-2.1: Initiation of construction activities
during the bat maternity season (generally April
through October) shall be avoided to the extent
feasible, any tree removal or trimming should be
conducted outside of the bat maternity season
(generally April through October). If this work window
is not feasible, pre-construction bat roost assessments conducted by a qualified biologist at least 14 days and no more than 30 days prior to removal shall be
conducted to determine if bats roosts are present that
may be impacted by project activities. If special-status bat species or maternity roosts are detected during
these surveys, a qualified biologist shall identify any additional measures required to protect the roosts,
such as including avoidance of the roost sites until the end of the maternity roosting season.

Regardless of the timing of tree removal or trimming
activities, all felled trees or large limbs should remain The project
applicant and
contractors shall be
responsible for
implementing the
mitigation measures
prior to project
construction,
including tree
removal and ground
disturbance.

All measures shall
be printed on all
construction
documents,
contracts, and
project plans and
shall be reviewed
by the Director of
Economic and
Community
Development
prior to the
issuance of a
grading permit.

A findings report
for bat maternity
roosts, including
any protection
Director of
Economic and
Community
Development

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8 MITIGATION MONITORING AND REPORTING PROGRAM
Cormorant Energy Storage Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
on the ground for at least 24-hours prior to chipping,
off-site removal, or other processing to allow any
roosting individual bats to vacate the premises of
their own volition.

A report of findings shall be prepared by the qualified biologist and submitted to the Director of Community
Development or Director’s designee for review and
approval prior to initiation of construction during the maternity roosting season (April through October).

The report shall either confirm absence of any active
maternity roosts or specify any additional measures
necessary to protect roosts until the end of the
maternity roosting season. No report of findings is
required if construction is initiated during the nonmaternity roosting season (November through March) and continues uninterrupted according to the above
criteria.
measures, shall be
submitted to the
Director of
Community
Development
prior to the
issuance of a
grading permit or
any tree removal.

Cultural Resources
Impact CUL-1:

Construction of the
project could result in
significant impacts to
previously undiscovered
MM CUL-1.1: Undiscovered Archaeological Resources.

If evidence of an archaeological site or other
suspected cultural resource as defined by CEQA
Guideline Section 15064.5, including darkened soil
representing past human activity (“midden”), that
The project
applicant and
contractors shall be
responsible for
implementing the
All measures shall
be printed on all
construction
documents,
contracts, and
Director of
Economic and
Community
Development

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9 MITIGATION MONITORING AND REPORTING PROGRAM
Cormorant Energy Storage Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
subsurface
archeological resources.
(Less than Significant
Impact with Mitigation
Incorporated)
could conceal material remains (e.g., worked stone,
worked bone, fired clay vessels, faunal bone, hearths,
storage pits, or burials) is discovered during
construction related earth-moving activities, all
ground-disturbing activity within 100 feet of the
resources shall be halted and the City’s Planning
Manager shall be notified. The project sponsor shall
hire a qualified archaeologist to conduct a field
investigation. The City’s Planning Manager shall
consult with the archaeologist to assess the
significance of the find. Impacts to any significant
resources shall be mitigated to a less-than-significant level through data recovery or other methods
determined adequate by a qualified archaeologist and
that are consistent with the Secretary of the Interior’s Standards for Archaeological documentation. Any
identified cultural resources shall be recorded on the
appropriate DPR 523 (A-J) form and filed with the
NWIC.

MM CUL-1.2: Report of Archaeological Resources. If
archaeological resources are identified, a final report summarizing the discovery of cultural materials shall
be submitted to the City’s Planning Manager prior to
issuance of certificate of occupancy. This report shall mitigation measures
during all phases of
construction.
project plans and
shall be reviewed
by the Director of
Economic and
Community
Development
prior to the
issuance of a
grading permit.

If archaeological
resources are
identified, a final
report shall be

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10 MITIGATION MONITORING AND REPORTING PROGRAM
Cormorant Energy Storage Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
contain a description of the mitigation program that
was implemented and its results, including a
description of the monitoring and testing program, a
list of the resources found and conclusion, and a
description of the disposition/curation of the
resources.
submitted to the
City’s Planning
Manager prior to
final inspection.

Impact CUL-2:

Construction of the
project could result in
significant impacts to
previously undiscovered
human remains. (Less
than Significant Impact
with Mitigation
Incorporated)
MM CUL-2.1: Human Remains. If human remains are
discovered during project construction, all grounddisturbing activity within 100 feet of the resources shall be halted and the City’s Planning Manager and
the San Mateo County coroner shall be notified
immediately, according to Section 5097.98 of the
State Public Resources Code and Section 7050.5 of
California’s Health and Safety Code. If the remains are determined by the County coroner to be Native
American, the Native American Heritage Commission
(NAHC) shall be notified within 24 hours, and the
guidelines of the NAHC shall be adhered to in the
treatment and disposition of the remains. The project
sponsor shall also retain a professional archaeologist
with Native American burial experience to conduct a
field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the
NAHC. As necessary, the archaeologist may provide
professional assistance to the Most Likely
The project
applicant and
contractors shall be
responsible for
implementing the
mitigation measures
during all phases of
construction.

All measures shall
be printed on all
construction
documents,
contracts, and
project plans and
shall be reviewed
by the Director of
Economic and
Community
Development
prior to the
issuance of a
grading permit.

Director of
Economic and
Community
Development

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11 MITIGATION MONITORING AND REPORTING PROGRAM
Cormorant Energy Storage Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
Descendant, including the excavation and removal of
the human remains. The City of Daly City shall be
responsible for approval of recommended mitigation
as it deems appropriate, taking account of the
provisions of State law, as set forth in CEQA
Guidelines section 15064.5(e) and Public Resources
Code section 5097.98. The project sponsor shall
implement approved mitigation, to be verified by the
City of Daly City, before the resumption of grounddisturbing activities within 100 feet of where the remains were discovered.

Geology and Soils
Impact GEO-1:

Construction of the
project could result in
significant impacts to
previously undiscovered
paleontological
resources. (Less than
Significant Impact with
Mitigation
Incorporated)
MM GEO-1.1: Unique Paleontological and/or Geologic
Features and Reporting. Should a unique
paleontological resource or site or unique geological
feature be identified at the project site during any
phase of construction, all ground disturbing activities within 25 feet shall cease and the City’s Planning
Director notified immediately. A qualified
paleontologist shall evaluate the find and prescribe
mitigation measures to reduce impacts to a less than
significant level. Work may proceed on other parts of
the project site while mitigation for paleontological
resources or geologic features is implemented. Upon
The project
applicant and
contractors shall be
responsible for
implementing the
mitigation measures
during all phases of
construction.

All measures shall
be printed on all
construction
documents,
contracts, and
project plans and
shall be reviewed
by the Director of
Economic and
Community
Development
prior to the
Director of
Economic and
Community
Development

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12 MITIGATION MONITORING AND REPORTING PROGRAM
Cormorant Energy Storage Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
completion of the paleontological assessment, a
report shall be submitted to the City and, if
paleontological materials are recovered, a
paleontological repository, such as the University of
California Museum of Paleontology.
issuance of a
grading permit.

If completed, the
paleontological
assessment shall
be submitted to
the City prior to
final inspection.

Hazards and Hazardous Materials
Impact HAZ-1:

Construction of the
transmission line near
the PG&E Martin
Substation could result
in the release of
contaminated soil.
(Less than Significant
Impact with Mitigation
Incorporated)
MM HAZ-1.1: Prior to any grading, excavation, or
construction of the transmission line, the Department
of Toxic Substances Control (DTSC) shall be notified of the proposed construction activities at the PG&E
Martin Substation. Per the Land Use Covenant for the
PG&E Martin Substation, a Soil Management Plan
(SMP) and Health and Safety Plan (HSP) shall be
prepared by a qualified environmental professional
submitted to DTSC for review and approval. The SMP
and HSP and evidence of regulatory oversight shall be
provided to the Director of Economic and Community
Development.

Prior to issuance of
grading, or building
permits, the
applicant shall be
responsible for
notifying DTSC and
preparing a SMP
and HSP for review
and approval by
DTSC.

Prior to the
issuance of
grading or building
permits, the
applicant shall
notify DTSC of the
proposed
construction
activities and
prepare a SMP
and HSP for DTSC
review and
approval.

Director of
Economic and
Community
Development and
Department of
Toxic Substances
Control.

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13 MITIGATION MONITORING AND REPORTING PROGRAM
Cormorant Energy Storage Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
The applicant shall
also submit to the
Director of
Economic and
Community
Development the
SMP and HSP and
evidence of
regulatory
oversight by DTSC.

Noise and Vibration
Impact NOI-1:

Construction of the
transmission line would
exceed the construction
noise threshold of 80
dBA Leq threshold at
residential property
lines. (Less than
Significant Impact with
Mitigation
Incorporated)
MM NOI-1.1: The applicant shall implement the
following best management practices:
• Limit construction hours, including deliveries of
materials and equipment, to between 8:00 a.m.
and 5:00 p.m., Monday through Friday, unless
permission is granted with a development permit
or other planning approval.
• Construct temporary noise barriers, where
feasible, to screen stationary noise-generating
equipment. Temporary noise barrier fences would
provide a 5 dBA noise reduction if the noise
barrier interrupts the line-of-sight between the
The project
applicant and
contractors shall be
responsible for
implementing the
mitigation measures
during all phases of
construction.

All measures shall
be printed on all
construction
documents,
contracts, and
project plans and
shall be reviewed
by the Director of
Economic and
Community
Development
prior to the
issuance of a
Director of
Economic and
Community
Development

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14 MITIGATION MONITORING AND REPORTING PROGRAM
Cormorant Energy Storage Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
noise source and receptor and if the barrier is
constructed in a manner that eliminates any
cracks or gaps.
• At a minimum, the construction contractor shall
implement the following control measures:
improved mufflers, equipment redesign, use of
intake silencers, ducts, engine enclosures, and
acoustically attenuating shields or shrouds.
• Equipment used for project construction shall be
hydraulically or electrically powered impact tools
(e.g., jack hammers) wherever possible to avoid
noise associated with compressed air exhaust
from pneumatically powered tools. Where use of
pneumatically powered tools is unavoidable, an
exhaust muffler on the compressed air exhaust
shall be used. A muffler could lower noise levels
from the exhaust by up to about 10 dBA. External
jackets on the tools themselves shall be used
where feasible; this could achieve a reduction of 5
dBA. Quieter procedures shall be used (such as
drilling rather than impact equipment) wherever
feasible.
• Equip all internal combustion engine-driven
equipment with intake and exhaust mufflers that
grading or building
permit.

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15 MITIGATION MONITORING AND REPORTING PROGRAM
Cormorant Energy Storage Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
are in good condition and appropriate for the
equipment.
• The construction contractor shall not allow any
construction equipment, trucks, or vehicles to idle.
• Locate stationary noise-generating equipment,
such as air compressors or portable power
generators, as far as possible from sensitive
receptors as feasible. If they must be located near
receptors, adequate muffling (with enclosures
where feasible and appropriate) shall be used to
reduce noise levels at the adjacent sensitive
receptors. Any enclosure openings or venting shall
face away from sensitive receptors.
• Utilize “quiet” air compressors and other
stationary noise sources where technology exists.
• Control noise from construction workers’ radios to
a point where they are not audible at existing
residences bordering the project site.
• Construction staging areas shall be established at
locations that will create the greatest distance
between the construction-related noise sources
and noise-sensitive receptors nearest the project
site during all project construction.

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16 MITIGATION MONITORING AND REPORTING PROGRAM
Cormorant Energy Storage Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
• Locate material stockpiles, as well as
maintenance/equipment staging and parking
areas, as far as feasible from residential receptors.
• Route construction-related traffic along major
roadways and as far as feasible from sensitive
receptors.
• The contractor shall prepare a detailed
construction schedule for major noise-generating
construction activities. The construction plan shall
identify a procedure for coordination with
adjacent residential land uses so that construction
activities can be scheduled to minimize noise
disturbance.
• If complaints are received or excessive noise levels
cannot be reduced using the measures above,
erect a temporary noise control blanket barrier
along surrounding building facades that face the
construction sites.
• Designate a “disturbance coordinator” who shall
be responsible for responding to any complaints
about construction noise. The disturbance
coordinator shall determine the cause of the noise
complaint (e.g., bad muffler, etc.) and shall require
that reasonable measures be implemented to

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Cormorant Energy Storage Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
correct the problem. Conspicuously post a
telephone number for the disturbance
coordinator at the construction site and include it
in the notice sent to neighbors regarding the
construction schedule.

Source: City of Daly City. Cormorant Energy Storage Project Initial Study. June 2024.

Page 803 of 818 ends

Cormorant Energy Storage Project Memorandum
City of Daly City 1 February 2025

MEMORANDUM
February 18, 2025
From: Will Burns, Principal To: Sam Fielding, Associate Planner David J. Powers & Associates, Inc. City of Daly City
1736 Franklin Street, Suite 400 333 90th Street
Oakland, CA 94612 Daly City, CA 94015
Re: Cormorant Energy Storage Project Consistency with Initial Study

PURPOSE OF THE MEMORANDUM
The California Environmental Quality Act (CEQA) Guidelines Section 15073.5 recognizes that between the date an environmental document is circulated and the date the project is adopted, revisions to the project or mitigation measures can arise. Before proceeding with adoption of the project, CEQA requires the Lead Agency to determine if “substantial revisions” to the environmental document are needed and if recirculation of the environmental document is required. 1 An Initial Study for the Cormorant Energy Storage Project was completed in November 2024 and circulated for public comment between November 1, 2024 and November 30, 2024. The Initial Study evaluated the environmental impacts that might reasonably be anticipated to result from the construction of a battery energy storage system (BESS), substation, and an underground transmission line along one of three alignments connecting to the substation to the Pacific Gas & Electric (PG&E) Martin Substation. The purpose of this memo is to show there are no substantial revisions to the environmental document that would require recirculation of the Initial Study.

SUMMARY OF THE ANALYZED PROJECT
The project analyzed in the circulated Initial Study would construct a 250 megawatt (MW) BESS, substation, and underground transmission line (along one of three potential routes), which will provide a service to the regional electric grid by receiving energy (charging) from the PG&E electric transmission system, storing energy on site, and then later delivering energy (discharging) back to the point of interconnection. At project completion, the 11.5-acre parcel would be developed with the BESS facility on

6.9 acres, substation on 0.71-acre, and the remainder of the site used for a driveway, access road, and landscaping. The substation would be located in the northwest corner of the project site. Figure 1 below shows the site plan analyzed in the Initial Study.
1 Per CEQA Guidelines Section 15073.5, “substantial revisions” are defined as either: 1) A new, avoidable significant effect is identified and mitigation measures or project revisions must be added in order to reduce the effect to insignificant; or 2) The lead agency determines that the proposed mitigation measures or project revisions will not reduce potential effects to less than significance and new measures or revisions must be required.

Page 804 of 818 ends

LP LP LP LP LP LP

LP LP LP LP LP LP

LP LP LP LP LP
LP LP
PL PL

PL PL PL PL PL PL
Xref .\Existing\Daly CXP001.dwg
LEGEND:

PL PL PROPERTY LINE
8'-6" PRE-CAST

CONCRETE WALL
W/ 1'-6" CLIMBING DETERRENT

FIRE HYDRANT
ABBREVIATION LIST:

BESS - BATTERY ENERGY STORAGE SYSTEM

MV - MEDIUM VOLTAGE

POI - POINT OF INTERCONNECTION

TYP - TYPICAL

BOL - BEGINING OF LIFE

EOL - END OF LIFE

ENERGY STORAGE SYSTEM DESCRIPTION
NAMEPLATE PHASE 1 188 MW / 752 MWH
NAMEPLATE PHASE 2 62 MW / 248 MWH
NAMEPLATE TOTAL 250 MW / 1000 MWH

SLIDING GATE
8' TUBULAR METAL
FENCE

BESS MATERIAL LIST
NUMBER OF BATTERY ENCLOSURES (BOL) 212
NUMBER OF BATTERY ENCLOSURES (EOL) 284
NUMBER OF MV TRANSFORMERS (BOL) 53
NUMBER OF MV TRANSFORMERS (EOL) 71

BESS AREA EXCLUDING
SUBSTATION (6.92 ACRES)

PURPOSE BUILT

ENCLOSURE (TYP)

MV TRANSFORMER (TYP)

MAIN POWER
TRANSFORMER 34.5kV/ 115 kV

SUBSTATION AREA
(0.71 ACRES)

SUBSTATION

CONTROL ENCLOSURE

PARCEL AREA
(11.5 ACRES)
35' CONSTRUCTABILITY SETBACK

STORMWATER

TREATMENT BASIN

CARTER STREET

EXISTING DRIVEWAY
26'

ON-SITE

MAINTENANCE
AREA
6" PRE-CAST CONCRETE CURB (TYP) SITE SIGNAGE
5' MAINTENANCE

AREA CLEARANCE
57'
70'
34'
3'
8'
1'-6"'
110' 30'
44'
60'

FUTURE EXPANSION

UNIT (TYP)

AREA RESERVED FOR

FUTURE WORK BY OTHERS

PROPOSED UNDERGROUND

GEN-TIE ROUTE

FUTURE EXPANSION

MAIN POWER TRANSFORMER

CRUSH ROCK TO BE USED AS

BASE FOR PROJECT SITE
OUTSIDE OF ACCESS ROADS.
15'
15'
4' R20'
101'-10"
14'
22'-6"
23'-8"
42'-3"
114'-11"
158'-3"

PRIMARY ENTRANCE GATE
Source: Burns & McDonnell Engineering Co, Inc., August 9, 2024. 0 25 50 100 Feet
ANALYZED PROJECT SITE PLAN FIGURE 1

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Cormorant Energy Storage Project Memorandum
City of Daly City 3 February 2025

PROPOSED PROJECT REVISIONS
The proposed project revisions would adjust the location of the substation and the beginning of the underground transmission line on the project site. The proposed substation would be moved to the southeast corner of the project site and the underground transmission line along Alignments 2 and 3 (refer Figure 3.2-4 of the Initial Study) would exit the project site just south of the existing driveway before continuing along Carter Street. Figure 2 shows the revised project site plan.

All other components of the project, including the size of the BESS (250 MW), type of electrical equipment to be used, construction assumptions, operational assumptions, site access, stormwater controls, transmission line alignments, and work within the PG&E Martin Substation, would remain unchanged.

ENVIRONMENTAL IMPACTS OF PROPOSED REVISIONS TO THE PROJECT The discussion below describes the environmental impacts of the revised project compared to the impacts of the previously analyzed project. This memo only addresses those resource areas that would be potentially affected by the revised project. The revised project would have the same impacts with regards to the following environmental issues:
• Agriculture and Forestry Resources
• Air Quality
• Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation
• Utilities and Service Systems
• Wildfire
The overall nature and operational characteristics of the project would remain the same as the analyzed project. The project revisions include changing the location of the substation and the exit path of underground transmission line along Alignments 2 and 3. It would not result in changes to the construction schedule or use of different construction equipment that could affect air quality. The project would still implement the same mitigation measures and conditions of approval identified in the Initial Study for the environmental issues listed above.

Thus, this memo analyzes the impacts of the revised project with regard to the following environmental issues:
• Aesthetics
• Biological Resources

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Source: Arevon, February 13, 2025.
0 25 50 100 Feet

PROPOSED UNDERGROUND

TRANSMISSION LINE
REVISED PROJECT SITE PLAN FIGURE 2

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Cormorant Energy Storage Project Memorandum
City of Daly City 5 February 2025

AESTHETICS
The revised project would change the location of the substation as compared to the project analyzed in the Initial Study, which represents a potential change in the visual character of the project area. Impacts related to scenic highways and light and glare would remain the same as analyzed in the Initial Study because the revised project’s location and proposed lighting would remain the same. Thus, these topics are not discussed further.

Findings of the Initial Study
The Initial Study concluded that the project would not have a substantial adverse effect on scenic vistas or the visual character and quality of the site because the BESS and substation on the project site are downhill from the surrounding residential uses and shielded from view due to the elevation changes and mature trees surrounding the project site. The proposed land uses are also consistent with the urban and commercial uses in the project area.

Aesthetic Impacts of the Revised Project
The revised project would relocate the substation from the northwest corner of the project site to the southeast corner of the project site. The maximum height of the substation would remain at 65 feet, the same as disclosed in the Initial Study, and the substation would still be located downhill of the surrounding residential uses and screened from view by mature trees surrounding the project site.

Construction of the underground transmission line south of the existing driveway would remove additional vegetation; however, the removal of this vegetation would not significantly alter the screening of the site because this area consists of smaller shrubs and trees, and the mature trees surrounding the site would remain the main source of screening. For these reasons, the revised project would not result in any new impacts compared to those disclosed in the Initial Study.

BIOLOGICAL RESOURCES
The revised project would shift the initial path of the underground transmission line along Alignments 2 and 3 to just south of the proposed driveway. This relocation would require the underground transmission line to run through vegetation that would be disturbed during the construction process. This change could result in different biological resources impacts compared to those disclosed in the Initial Study, as discussed further below. Impacts to wetlands, riparian habitat, and conflicts with the San Bruno Area Habitat Conservation Plan (HCP) would remain the same as analyzed in the Initial Study because there are no wetlands or riparian habitat in the project area and the project revisions are outside of the HCP. Thus, these topics are not discussed further.

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Cormorant Energy Storage Project Memorandum
City of Daly City 6 February 2025
Findings of the Initial Study
The Initial Study concluded that there are no known occurrences of special-status plant or wildlife species within the project site; however, trees present on-site may provide suitable nesting and roosting habitat for protected and/or special-status birds and bats. The project would be required to implement mitigation measures MM BIO-1.1 and MM BIO-2.1, which require construction activities to begin outside the nesting/roosting season, if feasible, or perform preconstruction surveys for nesting birds and roosting bats. The implementation of MM BIO-1.1 and MM BIO-2.1 would reduce impacts to special-status nesting birds and bats to a less than significant level. The Initial Study also concluded that construction of the project would not interfere with wildlife movement because the majority of trees and understory surrounding the project would be preserved and the project site is located in an urban area where wildlife is already acclimated to human activity. In addition, the project would not conflict with any local ordinances or policies protecting biological resources because the City’s Urban Forestry Ordinance only applies to trees in the public right-of-way and the trees to be removed/pruned by the project are not within the public right-of-way.

Biological Resources Impacts of the Revised Project
The revised project would shift the underground transmission line along Alignments 2 and 3 to just south of the project driveway. This area is currently covered in Eucalyptus stands and non-native plant species.

In order to construct the underground transmission line in this area, the revised project would require the removal of additional trees and vegetation. As discussed above, trees surrounding the project site, including those to be removed as part of the revised project, could provide suitable nesting and roosting habitat for protected and/or special-status birds and bats. The revised project would still be required to implement mitigation measures MM BIO-1.1 and MM BIO-2.1 as identified in the Initial Study.

Implementation of these mitigation measures would reduce the revised project’s impacts to special-status nesting birds and bats to a less than significant level, consistent with the conclusions of the Initial Study.

In addition, while the revised project would remove additional vegetation from the habitat surrounding the project site, the majority of the habitat would be preserved and the revised project would not interfere with wildlife movement. The trees to be removed would continue to be located on private property; thus, they would not be subject to the City’s Urban Forestry Ordinance and the revised project would not conflict with any local policies or ordinances protecting biological resources. For these reasons, the revised project is consistent with the Initial Study and would not result in a new or more significant biological resources impact.

CONCLUSION
Based on the above analysis and discussion, the project revisions would not create new significant impacts or impacts of substantially greater severity compared to those disclosed in the Initial Study. Thus, no “substantial revisions” to the Initial Study are needed, and recirculation of the Initial Study is not required.

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1 ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DALY CITY AMENDING THE DALY CITY ZONING MAP BY REZONING 2150 GENEVA AVENUE FROM LIGHT COMMERCIAL (C1) TO HEAVY COMMERCIAL (C2)
(APN 005-050-020)
2150 Geneva Avenue, Daly City
BE IT ORDAINED by the City Council of the City of Daly City as follows:

Section 1: Findings: The City Council of the City of Daly City finds that:

A. Following a public hearing duly and regularly conducted, the Planning Commission of the City of Daly City submitted to this City Council its recommendation with respect to the zoning amendment hereinafter described, accompanied by the report of the findings and a summary of its hearing, whereupon this City Council duly and regularly set this matter for hearing.

B. Due and regular notice of such hearing has been given as required by law and such hearing was regularly held by this City Council on February 24, 2025, all interested persons were heard and any additional evidence presented was received.

C. The City Council finds that the re-zoning from Light Commercial (L1) to Heavy Commercial (C2) would not be detrimental to the health, safety, morals, comfort and general welfare of persons residing in or working in the neighborhood or be injurious or detrimental to the property and improvements in the neighborhood or the general welfare of the City of Daly City.

D. This City Council finds and declares that the health, safety, morals and general welfare of the City of Daly City requires that the real property hereinafter described be reclassified as provided herein.

E. The City Council has reviewed the proposal under the requirements of the California Environmental Quality Act (CEQA) and has determined that a Mitigated Negative Declaration is the appropriate environmental review. The Daly City Planning Commission and City staff recommend that a Mitigated Negative Declaration, which includes a Mitigation Monitoring and Reporting Program, per CEQA Guidelines be adopted for this project.

F. The City Council approves the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for this project and hereinafter finds that it conforms with the California Environmental Quality Act and the Guidelines implementing the Act.

Section 2: Zoning Reclassification:

The zoning as designated upon the “Official Zoning Map” of the City of Daly City, as adopted by Daly City Ordinance 635, and thereafter amended from time to time, is hereby changed as to the parcel identified as APN 005-050-020, and that in accordance with Title 17 of the Daly City Municipal Code, the zoning for the real property hereinafter described is hereby amended so as to

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2 change the zone classification of the property from Light Commercial (C1) to Heavy Commercial as such zones are designated and defined by Ordinance 635, Daly City Municipal Code Title 17.

Section 3. Publication: This Ordinance shall be published according to law.

Section 4. Environmental Determination: The City Council approves the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for this project and hereinafter finds that it conforms with the California Environmental Quality Act and the Guidelines implementing the Act.

Section 5. Effective Date: This Ordinance shall become effective thirty (30) days from and after its adoption.

Section 6. Severability: If any section, subsection or sentence of this Ordinance is found by a court of competent jurisdiction to be invalid or unlawful, the City Council finds and declares that the remainder of this Ordinance would be and is enforceable and would have been adopted notwithstanding the finding of invalidity as to any section, subsection or sentence.

Introduced this day of 2025.

Passed and adopted as an Ordinance of the City of Daly City at a regular meeting of the City Council of the City of Daly City held on the day of 2025, by the following vote:

AYES, Councilmembers
NOES, Councilmembers
ABSENT, Councilmembers:

CITY CLERK OF THE CITY OF DALY CITY
APPROVED:

MAYOR OF THE CITY OF DALY CITY

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1 ORDINANCE NO.

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DALY CITY

APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DALY CITY

AND CORMORANT ENERGY STORAGE, LLC
(APN 005-050-020)
2150 Geneva Avenue, Daly City

THE CITY COUNCIL OF THE CITY OF DALY CITY HEREBY ORDAINS AS FOLLOWS:

SECTION 1. Authority. This Ordinance is adopted pursuant to the provisions set forth in Government Code Section 36937(b), Government Code Sections 65864 et seq., and pursuant to other applicable law.

SECTION 2. Findings.

A. Pursuant to the police powers delegated to it by Article XI, Section 7 of the California Constitution, the City of Daly City (“City”) may make and enforce laws that promote the public health, safety and general welfare of its residents.

B. California Government Code Section 65864 et seq. authorizes the City to enter into binding, long-term agreements (“Development Agreements”) with persons or entities having legal or equitable interests in real property, for the development of the property that will provide certainty, definition, and commitment to developers as well as necessary public improvements required by development.

C. It is mutually beneficial to the City and Cormorant Energy Storage, LLC (hereinafter “Developer”) to enter into a Development Agreement for the Project located at 2150 Geneva Avenue in order to provide certainty and commitment to developers as well as to set forth the obligations of both Parties for the construction of the public improvements required by the development.

D. The Development Agreement provides for the development of a 250 Mega Watt Battery Energy Storage System (BESS) that will be constructed in two phases with a transmission line through Daly City Right of Way in order to connect with the PG&E Martin substation approximately 0.5 miles east of the project site.

E. The Development Agreement provides a guaranteed sales tax in which the Developer pays any shortfalls, Developer contributions to City Parks and Open Space projects, and Developer commitment of funds to a non-recreational Community Service Organization.

F. The Development Agreement sets forth the terms and conditions with detailed obligations for both Parties.

G. City and Developer have reached mutual agreement and desire voluntarily to enter into the Development Agreement.

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2 H. On December 3, 2024, the Planning Commission, held a duly noticed public hearing to consider the proposed Development Agreement and recommended that the City Council approve the Development Agreement.

I. The City Council considered the adoption of this ordinance in accordance with Government Code § 36937 at a duly noticed public hearing on February 24, 2025, at which time it received and considered testimony from members of the public.

J. The City Council hereby determines that the proposed Development is necessary to provide a more stable, sustainable electricity supply benefitting electricity consumers in the community and region.

BE IT ORDAINED by the City Council of the City of Daly City as follows:

Approval of the Development Agreement between the City and the District to develop the Project at 2150 Geneva Avenue is hereby granted, subject to the terms, time, limits, conditions and requirements of the “Development Agreement Between the City of Daly City and Cormorant Energy Storage LLC.”
SECTION 3, General Plan Consistency. The Development Agreement is consistent with the General Plan of the City of Daly City.

SECTION 4. Public Interest. The Development Agreement is in the public interest based on the fact that the Development Agreement will provide reliable and sustainable electricity to the community and region.

SECTION 5. Severability. If any provision of this Ordinance is held by any court or by any Federal or State agency of competent jurisdiction, to be invalid as conflicting with any Federal or State law, rule or regulation now or hereafter in effect, or is held by such court or agency to be modified in any way in order to conform to the requirements of any such law, rule or regulation, such provision shall be considered a separate, distinct, and independent part of this Ordinance, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision thereof which had previously been held invalid or modified is no longer in conflict with such law, rule or regulation, said provision shall thereupon return to full force and effect and shall thereafter be binding.

SECTION 6. Effective Date. This ordinance shall be effective thirty (30) days after adoption.

SECTION 7. Publication. 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 it 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

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3 this ordinance along with the names of those City Council members voting for and against this ordinance or otherwise voting.

SECTION 8. Recordation of Development Agreement Within ten (10) days after the date upon which the City Manager executes the Development Agreement on behalf of the City, the City Clerk shall record the Development Agreement and this Ordinance with the County Recorder of the County of San Mateo.

Introduced this day of , 2025.

Passed and adopted as an Ordinance of the City of Daly City at a regular meeting of the City Council of the City of Daly City held on the day of , 2025, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

CITY CLERK OF THE CITY OF DALY CITY
APPROVED:

MAYOR OF THE CITY OF DALY CITY

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City Council Agenda Report Item # _____
Meeting Date: February 24, 2025
Subject: Award of Construction Contract for the RO 572 Street Light Conversion Project
Recommended Action
Staff recommends that the City Council:

1. Approve the design documents for the RO 572 Street Light Conversion Project;

2. Affirm the California Environmental Quality Act (CEQA) determination of Categorical Exemption;

3. Accept all responsive bids and award a construction contract for the Base Bid only to Mike Brown Electric Co. of Cotati, California, in the amount of $1,469,564.00; and

4. Authorize the City Manager to execute all necessary contracts to complete the project.

Background
The City owns and operates streetlights that are powered by high voltage regulated outputs (RO) series circuits. RO circuit technology for powering streetlights is outdated, unreliable and expensive to operate. Street light failures have increased over the years as equipment ages and replacement equipment and parts become more difficult to obtain. Recent experience indicates that most street light failures are the result of failures in PG&E power supply equipment. There are 15 existing circuits in Daly City, primarily located on the western side of the City.

The project to replace the high voltage lights with standard 120/240 volt multiple service parallel circuit will eliminate the high voltage PG&E transformers and switchgear which cause frequent outages. Conversion of the series circuit streetlights to parallel circuit will reduce maintenance cost, power consumption, minimize large area streetlight outages and increase lighting reliability.

This project will update the streetlight system for RO 572, which consists of 38 streetlights surrounding the Westlake Shopping Center.

Discussion
The construction bid documents were prepared by Kimley-Horn of Pleasanton, CA. The project was advertised on December 15, 2024, and seven (7) bids were received on January 28, 2025 with total bids ranging from $1,622,875.00 to $3,248,449.00. Determination of the lowest responsible bidder was based on the lowest combined total of Base Bid and Bid Alternate 1. The lowest three (3) bids and the Engineer’s Estimate are summarized as follows:

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Award of Construction Contract for the RO 572 Street Light Conversion Project Meeting Date: February 24, 2025

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Bidder Base
Bid
Bid
Alternate 1
Total Sum of
Base Bid and
Bid Alternate 1
Comments

1. Mike Brown Electric $1,469,564.00 $153,311.00 $1,622,875.00 Responsive Bid

2. BuildCorp, Inc. $1,525,760.00 $127,790.00 $1,653,550.00 NonResponsive
Bid

3. Bear Electrical
Solutions $1,650,096.00 $129,976.50 $1,777,072.50 Responsive Bid Engineer’s Estimate $1,484,980.00 $140,120.00 $1,625,100.00 Mike Brown Electric Co. of Cotati, California, has been in business since 1975. This bidder holds the required Class A contractor’s license, which is current and in good standing. The contractor’s references for work performed for other public agencies are acceptable including the City of San Mateo and Caltrans.

The low bid for this project is similar to the Engineer’s estimated cost. If the Base Bid only is awarded as recommended, construction is anticipated to commence in April 2025 and be completed in December 2025.

Fiscal Impact
The total estimated construction cost for the RO 572 Street Light Conversion Project is $1,689,999.00, which includes the $1,469,564.00 construction contract and $220,435.00 (15%) for construction contingency, inspection and administration. $1,700,000 is available in Transportation Fund CIP project account 17-312-674 – RO 572 Street Light Conversion. No additional funds are needed to fully fund the project at this time.

Summary/Conclusion
Staff recommends that the City Council:

1. Approve the design documents for the RO 572 Street Light conversion Project;

2. Affirm the California Environmental Quality Act (CEQA) determination of Categorical Exemption;

3. Accept all responsive bids and award a construction contract for the Base Bid only to Mike Brown Electric Co. of Cotati, California, in the amount of $1,469,564.00; and

4. Authorize the City Manager to execute all necessary contracts to complete the project.

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Award of Construction Contract for the RO 572 Street Light Conversion Project Meeting Date: February 24, 2025

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Staff is available to provide any additional information desired by the Mayor or Councilmembers.

Respectfully submitted,

Shirley Chan Richard Chiu, Jr.

Acting City Engineer Director of Public Works
Attachments:

1. Location Map

2. RO 572 Street Light Conversion Plans and Specifications are available for viewing at the City Clerk’s Office

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