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Home My WebLink AboutRESO 8647RESOLUTION NO. 8647 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING THE REPORTING PROGRAM MITIGATION MONITORING AND AND FINDINGS CONCERNING SIGNIFICANT ENVIRONMENTAL IMPACTS IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE BUILD PLANNED COMMUNITY DEVELOPMENT PROJECT AT 901 SAN ANTONIO ROAD, FOR WHICH AN ENVIRONMENTAL IMPACT REPORT HAS BEEN PREPARED WHEREAS, the City of Palo Alto ("City") has prepared a Final Environmental Impact Report ("FEIR") for the development of 901 San Antonio proposed jointly by the Taube Koret Campus for Jewish Life ("TKCJL") and BRIDGE Urban Infill Land Development, LLC ("BRIDGE"); and WHEREAS, 901 San Antonio Road consists of two properties totaling approximately 12.5 acres in the City of Palo Alto ("Project Area"). The northern 4-acre property of the Project Area ("BUILD site") is owned by BRIDGE and is proposed for development of 159 residential units of which 56 will be below market rate rental apartments for seniors ("BUILD Proj ect' ) . The southern 8.5-acre property of the Project Area ("TKCJL Si te") is owned by TKCJL and is proposed for development of a recreation/community center, preschool/day care, and 193 senior assisted living and congregate care units ("TKCJL Project"). The BUILD Proj ect and the TKCJL Proj ect are sometimes collectively referred to herein as "the Project"; and WHEREAS, the Planning Commission has reviewed and analyzed the FEIR and other information in the record and has considered the information contained therein, including the written and oral comments received at the public hearings on the Draft Environmental Impact Report (DEIR) and FEIR and deems the FEIR to be complete in accordance with the requirements of the California Environmental Quality Act ("CEQA") and state and local regulations; and WHEREAS, CEQA requires that certain Findings be made regarding the significant environmental effects identified in connection with the approval of a Project for which an EIR has been prepared and that identifies one or more significant environmental effects; and 1 061107 syn 0120167 WHEREAS, the Planning Commission has reviewed all staff reports and all other information in the record and has considered the information contained therein, including the written and oral comments received at public hearings on the Project, and makes the Findings contained in this Resolution. NOW THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. Certification. Pursuant to CEQA Guidelines Section 15090, the City Council hereby finds that the FEIR has been completed in compliance with CEQA, has been presented to the City Council for its review and consideration and reflects the independent judgment of the City, and therefore recommends certification of the FEIR. SECTION 2. Mitigation Monitoring and Reporting Program. The City Council hereby approves the Mitigation Monitoring and Reporting Program (\\MMRP" ) prepared for the BUILD Si te and the MMRP prepared for the TKCJL Site, both of which the Commission reviewed and which are on file with the City Clerk, and attached hereto as Exhibi t B. The MMRP for the BUILD Si te identifies impacts of the Project on the BUILD Site, corresponding mitigations, designation of responsibility for mitigation implementation and the agency responsible for the monitoring action. The MMRP for the TKCJL Site identifies impacts of the Project on the TKCJL Site, corresponding mitigations, designation of responsibility for mitigation implementation and the agency responsible for the monitoring action. SECTION 3. Recommendation. The City Council hereby adopts the Findings, attached hereto as Exhibit A, with respect to the significant effects on the environment of the Project, as identified in the FEIR, with the stipulation that all information in these Findings is intended as a summary of the full administrative record supporting the Project, which full administrative record should be consulted for the full details supporting these Findings, and that any mitigation measures and/or alternatives that were suggested by a commenter to the DEIR and were not adopted as part of the FEIR are hereby 2 061107 syn 0120167 expressly rejected for the reasons stated in the responses to the comments set forth in the FEIR and elsewhere in the record. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: APPROVED AS TO FORM: ~ Attorney 061107 syn 0120167 September 25, 2006 BEECHAM, CORDELL, KISHIMOTO, KLEIN, MORTON, MOSSAR BARTON APPROVED: DREKMEIER, KLEINBERG, Planning and Environment 3 EXHIBIT A FINDINGS & MITIGATIONS FOR SIGNIFICANT IMPACTS OF THE 901 SAN ANTONIO ROAD PROJECT I • PROJECT IMPACTS. The following impacts were determined by the City of Palo Alto and identified in the FEIR to be impacts directly resulting from the Project. The letters and numbers assigned to each impact below correspond to the letters and numbeJ?s assigned to each impact in the FEIR itself. A. Transportation. IlI\Pact B.l: The Project will result in a significant adverse level of service impact (critical movement delay and demand-to-capacity ratio) to the intersection of Charleston Road and Alma Street during the PM peak hour. Mitigation Measure B.l-l: Intersection LOS Impacts. The City of Palo Alto is planning to implement traffic-adaptive signal technology at a series of intersections, including the Charleston Road/Alma Street intersection, as recommended in the Charleston/Arastradero Road Corridor Study. The City of Palo Alto· has adopted a fee program and included funding in its budget for this program. Mitigation Measure B.1-2: Transportation Demand Management. The TKCJL Project shall implement a Transportation Demand Management ( "TDM" ) Plan for employees, designed to achieve a 15 percent alternative mode-use for employees to address local traffic concerns. The Plan shall include, at minimum: • a guaranteed ride home program • carpool parking • bicycle lockers • showers • a transportation information kiosk • on-site transportation coordinators 1 061107syn 0120167 • on-site supporting amenities to eliminate the need for midday trips, including a cafeteria, childcare/preschool, recreational and athletic facilities, automatic teller machines, postage and mailing outlet, and on-site sundry shop. An annual survey of employees shall be conducted to determine the success or failure of TDM measures. A summary report of the annual employee commute survey shall be submitted to the City of Palo Alto. J:mpac:t B.2: Wi thout specific improvements to an existing mid-block crosswalk on Fabian Way, a significant operational safety hazard from increased pedestrian traffic would occur. Mitigation Measure B. 2-1: Off-Si te Pedestrian Facility. Markings and other improvements to the existing mid-block crosswalk across Fabian Way at the northern edge of the BUILD Site shall be installed to the satisfaction of the Department of Planning and Communi ty Environment prior to occupancy of the BUILD and/or TKCJL Projects. These improvements include: • Removal of several on-street parking spaces and installation of a raised median to provide an American wi th Disabilities Act (\\ADA") compatible pedestrian refuge area • Marking of the crosswalk with white diagonal lines or longi tudinal lines parallel to traffic flow to increase the visibility of the crosswalk • Advance warning signs alerting motorists of the crosswalk ahead • Modification of the existing curbs on each side of the crosswalk to be ADA compatible J:mpac:t B.3: Left turn access into the TKCJL Site from Charleston Road would create an adverse queuing condition and/or unsafe turning movements. Mitigation Measure B.3-1: Site Access Impacts and Queuing on Charleston Road. Allowed turning movements at the two access driveways on Charleston Road shall be modified to avoid identified queuing impacts on southbound Charleston Road to the satisfaction of the Transportation Division of the Department of Planning and Community Environment. Left turn access to the site from Charleston Road shall be prohibited. Signage and 2 061107 syn 0120167 channelization improvements to preclude such movements shall be designed and submitted to the Public Works Department and the Transportation Division of the Department of Planning and Community Environment for review and approval prior to approval of the Final Map for the Project. Impact B.4: Operation of a loading space on the TKCJL Site adjacent to San Antonio Road could result in a traffic safety impact. Mitigation Measure B.4-1: Loading Area. The proposed loading area on San Antonio Road shall be designed to avoid traffic safety· impacts. The loading area will only receive trucks between the hours of 10 AM and 3 PM. Trucks using the loading area shall be limited to right turns out to the dedicated right turn lane onto East Charleston Road, a City truck route. Plans for the loading area and adjacent sidewalk and traffic lane shall include signage, striping, materials, dimensions, sidewalks, and landscaping and shall be submitted for review and approval by the Public Works Department and the Transportation Division of the Department of Planning and Community Environment, prior to approval of the Final Map. Standard City sidewalk configurations shall be followed along the San Antonio Road frontage consistent with the current sidewalk configuration along the San Antonio Road frontage. Signage shall indicate that the loading zone is to be maintained by the property owner and a maintenance agreement with the City shall be prepared and submitted for review and approval by the Public Works Department prior to approval of the Final Map. Impact B.5: The demand for parking during occasional special events on weekday evenings could exceed on-site parking supply resulting in parking spillover onto adjacent streets where there is limited allowed parking. Parked cars could block driveways and affect vehicle circulation in these areas. Hitigation Heasure B.5-11 Special Event Parking. For special events on weekday evenings or other events that could exceed parking supply on the TKCJL Site, notice of the location of off-site special event parking shall be provided to the Transportation Division of the Department of Planning and Communi ty Environment at least two weeks prior to the special event. The notice shall include the date of the special event, the parking lot location, number of spaces available, and whether shuttles will be used. ·If an agreement is made between TKCJL and an off-site facility that covers several events or a 3 061107syn 0120167 specific time period, notification for individual special events may be waived. Documentation of any agreements and their time limits shall be provided to the satisfaction of the Transportation Division of the Department of Planning and Community Environment. If parking is provided on a nearby site, attendees can reach the TKCJL Site on foot. For any off-site parking that is located at a distance from the site, van shuttles shall be used to transport attendees to the event. Other measures to minimize parking impacts to nearby neighborhoods may include using temporary signage for events or TKCJL personnel to direct attendees to off-site or alternate parking sites. F:IND:ING: Implementation of the mitigation measures level of impacts described above is feasible and would avoid or reduce service, queuing, traffic safety and overflow parking from the Project to less than significant levels. B. Noise. :Impact C. 1 : would be exposed levels identified Proposed residential uses on to exterior noise levels in as acceptable in the City Comprehensive Plan, Noise Ordinance, and the Code. the BUILD Si te excess of the of Palo Alto State Building Mitigation Measure C.l-l: Exterior noise levels. Final building plans shall demonstrate how building massing will be used to shield outdoor activity areas from traffic noise and industrial noise sources surrounding the Project's perimeter wherever possible. Common outdoor activity areas shall be designated within the acoustically sheltered portions of the site to the satisfaction of the Building Official and the Director of Planning and Community Environment. Mitigation Measure C.1-2: Interior noise levels. Prior to the issuance of building permits, detailed acoustical analyses, in conformance with Section 1208 of the 1998 California Building Code, shall be conducted as part of final design for the proposed multi-family residential uses. The Project shall incorporate sound insulation treatments into the buildings so as to achieve an interior Ldn of 45 dBA or less with the windows closed. Such treatments may include, but would not be limited 4 061107 syn 0120167 to acoustically rated windows and doors, acoustical caulking at all exterior wall penetrations and noise control treatments for all air transmission paths associated with mechanical ventilation systems. Forced-air mechanical ventilation, or air- conditioning, shall be incorporated as necessary to provide habitable interior environments with the windows closed, satisfactory to the City Building Official. Impact C.21 Proposed residential development and community and recreational facilities on the TKCJL Si te would be exposed to noise levels in excess of the levels identified as acceptable in the City of Palo Alto Comprehensive Plan and the State Building Code. Mitigation Measure C. 2-1: Exterior noise levels. Final building plans shall demonstrate how building massing and a six foot sound wall adjacent to the proposed preschool areas will be used to shield outdoor activity and gathering areas from traffic noise at the Project's perimeter to the satisfaction of the Building Official and the Director of Planning and Community Environment. Mitigation Measure C.2-21 Interior noise levels. Prior to the issuance of building permits, detailed acoustical analyses, in conformance with Section 1208 of the 1998 California Building Code, shall be conducted as part of final design for the proposed residential and preschool uses. The project shall incorporate sound insulation treatments into the buildings so as to achieve an interior Ldn of 45 dBA or less with the windows closed. Such treatments may include, but would not be limited to acoustically rated windows and doors, acoustical caulking at all exterior wall penetrations, and noise control treatments for all air transmission paths associated with mechanical ventilation systems. Incorporate forced-air mechanical ventilation, or air-conditioning, as necessary to provide habitable interior environments with the windows closed, satisfactory to the City Building Official. Impact C. 3: The proposed Proj ect could expose sensi ti ve receptors to substantial temporary increases in noise levels during construction. Mitigation Measure C.3-1: Construction Noise. Allowable hours and construction noise levels for construction shall be consistent with the City's Noise Ordinance and construction equipment will be operated and maintained in accordance with 5 06) 107 syn 0120167 requirements outlined in Section III. C. (3) Noise Mitigation and Avoidance Measures. ~act C.4: Demolition of the existing building on the BUILD Site could potentially generate perceptible groundborne vibration levels at the adjacent Space Systems/Loral facility. Mitigation Measure C.4-1: Demolition Vibration Coordination. The BUILD Project will coordinate the timing of use of hoe-rams and any other large impact tools (such as a demolition ball) with Space Systems/Loral. A Vibration Coordinator, and/or the Construction Manager, will inform Space Systems/Loral of the timing of planned demolition activities and coordinate with Space Systems/Loral on a routine basis. Ini tially, the use of large impact tools would be started at a location on the property as far as possible from Space Systems/Loral and monitored. If vibration levels are found to substantially effect operations at Space Systems/Loral, a detailed coordination plan to avoid impacts on sensitive Space Systems/Loral activities shall be developed. Coordination with Space Systems/Loral shall continue as the impact generating activity moves closer to adjacent facilities. In the event large impact tools cause vibration that is deemed excessive by Space Systems/Loral, alternative demolition methods that generate acceptable ground vibration levels shall be evaluated and may be required by the Director of Planning and Communi ty Environment and the Building Official. FINDING: Implementation of the Mitigation Measures described above is feasible and would avoid or reduce the noise impacts to future residents and construction noise and vibration impacts to a less than significant level. C. Air Quality ~acts. Impact D.l: Construction activities related to the proposed Project, particularly generation of construction dust, could result in significant short-term air quality impacts. Mitigation Measure D.l-l: Demolition Impacts. The BAAQMD has prepared a list of feasible construction dust control measures that can reduce construction impacts to a less than significant level. The following dust control measures shall be implementation by Project contractors during demolition and shall be reflected as notes on the Project plans prior to issuance of demolition permits: 6 061107syn 0120167 • Water to control dust generation during demolition of structures and break-up of pavement. Concrete crusher should add water to material at point (s) of entry and whenever material will be dropped or dumped • Cover all trucks hauling demolition debris from the site • Use dust-proof chutes to load debris into trucks whenever feasible Mitigation Measure D.1-2: Construction Impacts. The following construction practices shall be implemented during all phases of construction on the Project site and shall be reflected as notes on the Project plans prior to issuance of grading or building permits: • Water all active construction areas at least twice daily • Water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard • Sweep daily (preferably with water sweepers) all paved access roads, parking areas and staging areas at construction sites • Sweep streets daily (preferably with water sweepers) if visible soil material is carried onto adjacent' public streets • Hydroseed or apply non-toxic soil stabilizers to inactive construction areas • Enclose, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.) • Limit traffic speeds on unpaved roads to 15 miles per hour • Install erosion control measures to prevent silt runoff to public roadways • Replant vegetation in disturbed areas as quickly as possible I'J:NDJ:NGa The proposed Project will not result in significant long-term regional or local air quality impacts. Implementation of the above mitigation measures is feasible and would avoid or reduce short-term construction related air quality impacts to a less than significant level. 7 061107 syn 0120167 D. Hazards And Hazardous Materials. Impact E.1: Implementation of the proposed Comprehensive Plan change and specific development proposed on the BUILD Site and TKCJL Site would allow residential and community center development adjacent to or on properties where releases of volatile organic compounds have impacted soil and groundwater. In the event volatile organic compounds from these releases were allowed to build up under and eriter residential or community center structures this could result in health hazards to future residents on both sites or to users of the TKCJL Site. Mitigation Measures E.1-1 (BUILD Site) and E.1-2 (TKCJL Site) : On-Site Contamination Impact. The BUILD and TKCJL Projects shall both implement risk management measures as a part of site design and during and after construction as described in the Final Risk Management Plans for each site. These Final Risk Management Plans shall be approved by the Regional Water Quality Control Board. Measures in the plans are provided to avoid possible build up of volatile organic compound vapors in residential buildings and measures to avoid construction impacts. These measures include, but are not limited to: • Groundwater Use. Local groundwater on the site shall not be used for any purpose (including domestic and construction purposes) • Vapor Barriers. Vapor barriers (i.e., liners) shall be installed beneath all buildings, including buildings constructed over above-ground parking garages and crawl spaces Ventilation. All future residences shall be placed over parking garages or crawl spaces that are ventilated with fresh air • Elevator Pits and Stairwells. No below-grade structures, such as elevator pits, shall be constructed below five feet below the ground surface • Evaluation of Risk Mitigation Measures. Prior to occupancy, air samples shall be collected with ventilation systems running and concurrently from outside air at locations considered representative of background conditions • Measures to Reduce Migration of Impacted Groundwater. The lateral migration of impacted groundwater along underground utility lines shall be avoided by the use of low-permeability fill or cutoff features 8 061107 syn 0120167 • • • • • • • Construction Plan Reviews. Construction plans shall be reviewed by a California registered professional engineer for conformance to the requirements of this RMP prior to construction. Copies of each Construction Plan Review Report shall be submitted to the RWQCB for formal comment and to the City of Palo Alto for review and approval. Construction Measures. The BUILD Project includes provisions such as the preparation of Health and Safety Plans and soil management protocols during construction Post-Construction Maintenance and Monitoring Notification of Future Residents (Covenant and Environmental Restriction) Annual Monitoring Review Contingency Plan for Modification/Adjustment of Ventilation Systems Trust Account for Post-Construction Contingency Plan Refer to Section III. E. (3) Hazards and Hazardous Materials Mitigation and Avoidance Measures in this EIR for a detailed description of measures to avoid exposure of people to vapors from impacted groundwater for both the BUILD and TKCJL Projects. III\Pact E.2: Implementation of the proposed Comprehensive Plan amendment could create a significant hazard to the public by allowing residential uses near and/or adjacent to industrial properties that use and store toxic and volatile hazardous materials. While routine emissions of hazardous materials do not appear to pose a health hazard, residents and other users could be exposed to hazardous materials in the event of an accidental release. Mitigation Measure E.2-1: Hazard Assessment and Emergency Preparedness. Shelter in Place and Evacuation Plans for residents and other users shall be ,prepared for the BUILD Site and the TKCJL Site. These plans shall provide protocols and directions to follow in the event of an accidental release of hazardous materials on adjacent or nearby sites. The Plans shall be prepared based upon a Hazard Assessment and guidelines provided by the City of Palo Alto and shall be reviewed and approved by the Palo Alto Fire Department prior to occupancy. Appendix L of this EIR provides an example of emergency preparedness guidelines for day care facilities and schools in or adjacent to industrial zones. 9 061107 syn 0120167 F:IND:ING: Implementation of the above mitigation measures is feasible and the mitigation and avoidance measures included in the BUILD and TKCJL Projects (and as incorporated in the respective Risk Management Plans for both sites) will avoid or reduce hazards from existing soil and/or groundwater contamination to a less than significant level. Implementation of Program Mitigation Measures and preparation of Shelter in Place and Evacuation Plans will avoid or reduce hazards associated with locating residential and other sensitive uses in close proximity to industrial uses that may use toxic and volatile hazardous materials. E. Hydrology And Water Quality :Impacts. :Impact F.l: Redevelopment of the BUILD Site and TKCJL Site would substantially increase the quantity of stormwater runoff from the site or result in capacity impacts to the stormwater collection system within the Project vicinity. Mitigation Measure F.l-l: Runoff Control. The BUILD and TKCJL Proj ects shall avoid increased stormwater flows from the site by detaining additional runoff on site. The Project shall provide detention to limit peak discharge from the site to not exceed existing peak storm water discharge. Detention may be accomplished through the use of oversized pipes, a rock sump in landscaping, or similar measures that provide adequate storage to detain, at a minimum, additional runoff during a 10-year storm event. The final design of these measures shall be reviewed and approved by the Public Works Department prior to issuance of building permits. :Impact F.2a Construction activities on the Project site, including pavement removal and earthmoving, could result in adverse impacts to the water quality of San Francisco Bay. Mitigation Measure F.2-la Erosion and Sedimentation Control. The following erosion and sediment control measures, based upon Best Management Practices recommended by the Regional Water Quality Control Board, shall be included in the Project to reduce potential construction-related water quality impacts. Many of these measures are the same as or similar to measures required to reduce air quality impacts. Erosion and sedimentation control plans shall be submitted for review and approval by the Public Works Department prior to issuance of grading or building permits. 10 061107 syn 0120167 • Stormwater inlet protection consisting of burlap bags filled with drain rock will be installed around storm drain inlets to keep sediment and other debris out of the stormwater drainage system • All exposed or disturbed soil surfaces will be watered at least twice daily to control dust as necessary • Earthmoving or other dust-producing acti vi ties will be suspended during periods of high winds • Stockpiles of soil or other materials that can be blown by the wind will be watered or covered • All trucks hauling soil l sandi and other loose materials will be covered and all trucks will be required to maintain at least two feet of freeboard • All paved access roads I parking areas I and staging areas adjacent to the construction sites will be swept daily with water sweepers • Vegetation in disturbed areas will be replanted as quickly as possible. Xmpact F.3a Redevelopment of the BUILD Site and TKCJL Site would disturb more than one acre of area and stormwater runoff from the proposed development could contribute to a degradation of surface water quality of Adobe Creek l and ultimately I San Francisco Bay. Mitigation Measure F. 3-1: Stormwater Pollution Prevention Plan. The Project shall comply with the NPDES General Construction Activity Stormwater Permit administered by the Regional Water Quality Control Board. Prior to construction grading for the proposed land uses l the applicant shall file a "Notice of Intent" (NOI) to comply with the General Permit and prepare a Stormwater pollution Prevention Plan (SWPPP) which addresses measures that would be included in the project to minimize and control construction and post-construction runoff. The SWPPP shall be submitted to the Public Works Department for review and approval prior to issuance of grading or building permits. The following measures shall be included in the SWPPP: • Preclude non-stormwater discharges to the stormwater system • Effectivel site-specific Best Management Practices for erosion and sediment control during the construction and post-construction periods 11 061107 syn 0120167 • Coverage of soil, equipment, and supplies that could contribute non-visible pollution prior to rainfall events and perform monitoring of runoff • Inspection and maintenance of SWPPP measures before, during and after each rainfall event • Perform monitoring of discharges to the stormwater system When the construction phase is complete, a Notice of Termination (NOT) for the General Permit for Construction shall be filed with the Regional Water Quality Control Board and the Public Works Department. The NOT shall document that all elements of the SWPPP have been executed, construction materials and waste have been properly disposed of, and a post- construction stormwater management plan is in place as described in the SWPPP for the site. As part of the mitigation for post-construction runoff impacts addressed in the construction SWPPP, the Project sponsor shall implement regular maintenance activities (i.e., maintaining on-site drainage facilities and landscaping that receives stormwater runoff, litter control) at the site to prevent soil and litter from accumulating on the Project site and contaminating surface runoff. An annual post-construction maintenance agreement shall be prepared and submitted to the Public Works Department prior to issuance of grading or building permi ts. Other post-construction source controls and BMPs may include: • maintenance of landscaped areas as necessary to maintain soil structure and permeability • site maintenance, including routine catch basin cleaning; and maintenance of landscaping wi th minimal pesticide use, including landscape maintenance techniques listed in the Fact Sheet on Landscape Maintenance Techniques for Pest Reduction prepared by the Santa Clara Valley Urban Runoff Pollution Prevention Program FJ:NDJ:NG: Implementation of the above mitigation measures is feasible and would avoid significant flooding impacts on the Proj ect site. The proposed redevelopment on the Proj ect si te will not substantially increase peak storm water runoff from the site if subject to requirements to provide for on-site detention of storm water runoff. New residential buildings and landscaping could be a source of additional non-point source 12 061107syn 0120167 pollutants in storm water. With implementation of NPDES construction and municipal permit requirements, the Project will not result in significant storm water runoff or water quality impacts during construction of post-construction periods F. Biological Resources Xmpacts. Xmpact G.l: Protected native birds and bats, and their nests and roosts may be present in landscaping or abandoned buildings and could be impacted by the implementation of the proposed BUILD and TKCJL Projects. Mitigation Measure G.l-l: Protections for Nesting Birds. Proj ect sponsors shall remove potential nesting habitats (vegetation) only during the non-nesting season between September 1 and March 1. If vegetation is to be removed or otherwise impacted during the nesting season, pre-construction surveys shall be conducted by a qualified ornithologist, and if active nests are found, disturbance-free buffer zones shall be established. Pre-construction surveys shall be completed no more than 30 days prior to the start of demolition/vegetation removal or no more than 14 days prior to the initiation of demolition/construction activities during the early part of the breeding season. ·If nesting birds are located on or immediately adjacent to the site, a construction-free buffer zone (typically 250 feet) around the active nest shall be established for the duration of breeding until young birds have fledged. Mitigation Measure G.1-2: Protections for Roosting Bats. The following measures are included in the BUILD Proj ect to avoid potential impacts to native roosting bats, such as the Mexican freetail bat: • Preconstruction surveys for bats shall be conducted no more than 14 days in advance of the demolition of the building on-site. Surveys shall be conducted on several consecutive days/nights to assure the identification of all roosting bats in the building. Demolition shall not proceed until a qualified bat biologist has adequately surveyed the building, removed any bats, and determined that all bats have been captured • If a maternity roost is present, a qualified bat biologist shall determine the extent of construction- free zones around active nurseries since these species 13 061107 syn 0120167 are known to abandon young when disturbed. If either a maternity roost or hibernacula is present, the following mitigation measures shall be implemented. CDFG should also be notified of any active nurseries within the construction zone • If an active nursery roost is located, demolition of that building can commence before maternity colonies form (i. e . , prior to March 1) or after young are volant (flying) (i.e., after July 31). The disturbance-free buffer zones described in the mitigation above shall be observed during the maternity roost season (March 1 -July 31) . FINDING: Implementation of the above mitigation measures is feasible and would avoid possible impacts to nesting bird and roosting bats on the BUILD Site and TKCJL Site. G. Cultural Resouroes Impaots. Impaot J .1: Development of the Proj ect excavation and grading, could result in the archaeological resources. site, including disturbance of Mitigation Measure J.l-l: Pre-Construction Surveys and On- Site Monitoring. Prior to the start of construction or at the time of removal of landscaping and asphalt, a visual inspection and moni toring of the Proj ect si te shall be completed by a qualified archaeologist, approved by the Director of Planning and Community Environment. Monitoring shall consist of coordinating subsurface work to allow for the careful examination of vertical and horizontal soil relationships for the purpose of defining positive archaeological finds (prehistoric and/or historic). After written approval, the Planning and Community Environment Department shall be notified at least 48 hours prior to any grading or other subsurface work on the site and the applicant shall provide a written protocol that stipulates the manner in which the applicant shall comply with the monitoring requirements. The monitor shall maintain a field log of their presence and observations, carefully noting soil conditions. In the event archaeological deposits are discovered all work within the proximity of the find shall temporarily halt so that the archaeologist can examine the find and document its provenance and nature. If the find is deemed significant by the archaeologist excavation shall be performed to allow for the mapping of the aerial extent of any deposits as 14 061107syn 0120167 well as to understand their depth below the existing surface. Maps shall be prepared by professional surveyors to aid Project designers in the avoidance of impacts to these deposits if at all possible by relocating structures and utilities, and/or by placing fill over them to allow construction and/or use as landscaping or for parks which could be done without any damage to the resources themselves. Work shall only proceed on the Project site once a Treatment Plan is submitted by the archaeologist to the City and adequate mitigation measures are adopted or the matter is resolved to the satisfaction of the Director of Planning and Community Environment. In the event that the proposed Project cannot be redesigned to protect any buried archaeological deposits, a program of hand excavation into areas of Projected impacts shall be conducted to determine the significance of the resources. Recommendations shall be prepared for the mitigation of impacts to any resource areas that are found to be eligible for inclusion on the California Register of Historic Resources. Mitigation could include but is not limited to an additional program of data recovery through hand excavation along with archaeological monitoring of all Project related earthmoving activities inside the borders of the resource areas to allow for the recording and/or removal of significant archaeological materials and/or information and human burials. Mitigation Measure J .1-2: Notification of Archaeological Finds. In the event any significant cultural materials are encountered during construction grading or excavation, all construction within a radius of 50-feet of the find would be halted, the Director of Planning and Community Environment shall be notified, and the archaeologist shall examine the find and make appropriate recommendations regarding the significance of the find and the appropriate mitigation. Recommendations could include collection, recordation and analysis of any significant cultural materials. A report of Findings documenting any data recovered during monitoring shall be submitted to the Director of Planning and Community Environment. In the event that human skeletal remains are encountered, the applicant is required by County Ordinance No. B6-l8 to immediately notify the County Coroner. Upon determination by the County Coroner that the remains are Native American, the coroner shall contact the California Native American Heritage Commission, pursuant to subdivision (c) of section 7050.5 of the Health and Safety Code and the County Coordinator of Indian 15 061107 syn 0120167 Affairs. No further disturbance of the site may be made except as authorized by the County Coordinator of Indian Affairs in accordance with the provisions of state law and the Health and Safety Code. The Director of Planning and Community Environment shall also be notified immediately if human skeletal remains are found on the site during development. FINDING: Implementation of the identified measures is feasible and would reduce potential cultural resources to a less than significant level. II. ALTERNATIVES. mitigation impacts to CEQA requires an evaluation of the comparative effects of a range of reasonable alternatives to a proposed Project. The following alternatives were evaluated in the EIR: A. No Project Alternative. Scenario 1: Under the first scenario, the existing office building (currently vacant) would remain on the site and would be refurbished for office uses. Renovation or improvements to the existing parking lot and landscaping would also be required for the existing office building to be reoccupied. Scenario 2: Under the second scenario, the approximately 12.5 acre site could be redeveloped with up to 273,000 sq.ft. of office or light industrial uses at an FAR of up to 0.5. This would replace an approximately 265,000 sq. ft. office building and a 2,500 sq. ft. fast food restaurant at the corner of San Antonio and East Charleston Rd. FINDING: Scenario 1 would avoid the land use, transportation, noise, hazardous materials, and cultural resources impacts and would substantially reduce the air quality, noise and water quality impacts associated with construction. Scenario 2 would avoid noise impacts other than those from construction impacts, would avoid the hazardous materials impacts, and would not make a cumulatively considerable contribution to cumulative traffic. However, Scenario 2 would have construction impacts similar to those of the proposed Proj ect. While both No Proj ect scenarios are environmentally superior to the proposed Project, neither would meet the Proj ect goals of either BUILD or CJL for developing residential uses, a community center and a preschool site nor would it meet the City's housing goals of providing very low and 16 061107 syn 0120167 low income housing for seniors, including the development of this site as a Housing Opportunity Site. B. Reduoed Soale Alternative. Desoription. development on the approximately 40 components: Under this alternative, the allowed BUILD and CJL Sites would be reduced by percent and would include the following • 96 condominiums and 40 senior apartments on the BUILD Site; and • 66 congregate care and 42 assisted living units, 67,800 square feet of recreation/community center uses, and a 10,200 square foot preschool/daycare facility on the TKCJL Site FJ:NDJ:NG: This alternative would result in similar land use, noise, hazardous materials, hydrology and water quality, traffic safety and construction impacts (air quality, noise, water quality, and cultural resources) as the proposed Project. All of these impacts could be reduced to a less than significant level with mitigation measures similar to those included in the proposed Project. The Reduced Scale Alternative, would however, eliminate the significant impact at the Charleston/ Alma intersection during the PM peak hour and significant parking impacts. The Reduced Scale Alternative would be environmentally superior to the proposed Proj ect because it would avoid these transportation impacts. However, this alternative has not been selected because the mitigation measures included in the Project avoid or reduce all of the identified significant impacts to a less than significant level and because the Reduced Scale Alternative does not support all of the Project's goals and objectives. Specifically, it would not meet the Project obj ecti ves of developing the maximum number of housing uni ts to address the Ci ty' s jobs /housing imbalance or to provide the greatest number of senior affordable units that can be developed on the site. It also may not be able to meet TKCJL's goal to enable the Jewish Community Center to restore the full range of services essential to its long-term financial viability. Because of the reduced number of residential units, it also may not meet the financial objectives of BUILD or TKCJL. c. Building Height Alternative. 17 061107syn 0120167 Description: This alternative would conform to building height and roadway setbacks specified in the Palo Alto Municipal code. Buildings would not exceed 50 feet in height and would be set back a minimum of 24 feet from San Antonio Road, 24 feet from Charleston Road and 15 feet from Fabian Way . As a result, this alternative would be a smaller development, representing a less intense use of the site. FINDING & This alternative would result in similar land use, transportation, noise, hazardous materials, hydrology and water quality, and construction impacts (air quality, noise, water quality, and cultural resources) as the proposed Project, although the extent of these impacts would be reduced somewhat. As with the proposed Project, all of these impacts could be reduced to a less than significant level with mitigation measures similar to those included tin the proposed Project. The Building Height Alternative is not environmentally superior to the proposed Project because it would result in similar significant impacts to those of the proposed Project. Furthermore, it does not support all of the Project's goals and objectives. Specifically, it would not meet the Project objective of developing approximately 400 housing units to address the City's jobs/housing imbalance or to provide the greatest number of senior affordable units that can be developed on the site. It also may not be able to meet TKCJL's to enable the Jewish Community Center to restore the full range of services essential to its long-term financial viability. Because of the reduced number 0 residential units, it also may not meet the financial objectives of BUILD or TKCJL. 18 061107 syn 0120167 MITIGATION MONITORING AND REPORTING PROGRAM· Bridge Urban Infill Land Development (BUILD) (901 SAN ANTONIO ROAD) SCH#2004112108 06PLN-00031 CITY OF PALO ALTO JUNE 2006 I ~l ::r _. 2: -OJ , I PREFACE Section 21081 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the mitigation monitoring and reporting program is to ensure compliance with the mitigation measures during project implementation. On September 25,2006, the Final EIR was approved for the BRIDGE Urban Infill Land Development (BUILD) Project at 901 San Antonio Road. The Final EIR concluded that the implementation ofthe 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 Mitigation Monitoring and Reporting Program outlines these measures and indicates how, when and by whorri they will be implemented. Impact TRANSPORTATION Impact B.l: The project will result in a significant adverse level of service impact (critical movement delay and demand-to- capacity ratio) to the intersection of Charleston Road and Alma Street during the PM peak hour. Impact B.2: Without specific improvements to an existing mid-block crosswalk on Fabian Way, a significant operational safety hazard from increased pedestrian traffic would occur. BUILD Project MITIGATION MONITORING AND REPORTING PROGRAM· BUILD (06PLN-00031) Mitigation and Avoidance Measures Timeframe and Responsibility for IIl!Eiementation Mitigation Measure B.l-l: Intersection LOS Impacts. The City I To be of Palo Alto is planning to implement traffic-adaptive signal . implemented over technology at a series of interseotions, including the Charleston the next 1-3 years Road/Alma Street intersection, as recommended in the by the City of Palo Charleston/Arastradero Road Corridor Study_ The City of Palo Alto. Alto has adopted a fee program and included funding in its budget for this program. Implementation of this strategy would reduce the average critical delay to 94.4 seconds in the PM peak hour which is better than under Background conditions. Implementation of this measure by the City of Palo Alto would reduce impacts to this intersection to a less than significant level. Mitil;!:ation Measure B.2.1: Off-Site Pedestrian Facility. Markings and other improvements to the existing mid-block crosswalk across Fabian Way at the northern edge of the BUILD Site shall be installed to the satisfaction of the Department of Planning and Community Environment prior to occupancy of the BUILD and lor CJL projects. These improvements include: • • • Removal of.several on-street parking spaces and installation of a raised median to provide an American with Disabilities Act (ADA) compatible pedestrian refuge area; Marking of the crosswalk with white diagonal lines or longitudinal lines parallel to traffic flow to increase the visibility of the crosswalk; Advance warning signs alerting motorists of the crosswalk ahead; To be implemented by BUILD prior to occupancy. Mitigation Monitoring & Reporting Program Method of Compliance Traffic-adaptive signal technology implemented along the Charleston/ Arastradero Road Corridor. Sidewalk. improvements shall be constructed as approved by the Transportation Division of the Department of Planning and Community Environment and the Department of Public Works. Measures shall be listed on all construction Oversight of Implementation Director of Planning and Community Environment Director of Planning and Community Environment and Director of Public Works June 2006 Page 1 BUILD (06PLN-00031) Impact Mitigation and Avoidance Measures • Modification of the existing curbs on each side of the crosswalk to be ADA compatible. NOISE Impact C.l: Proposed Mitigation Measure C.l-l. Exterior noise levels. Final building . residential uses on the plans shall demonstrate how building massing will be used to shield BUILD Site would be outdoor activity areas from traffic noise and industrial noise sources exposed to exterior surrounding the project's perimeter wherever possible. Common noise levels in excess of outdoor activity areas shall be designated within the acoustically the levels identified as sheltered portions of the site to the satisfaction of the Building acceptable in the City of Official and the Director of Planning and Community Environment. Palo Alto Comprehensive Plan, Mitigation Measure C.1-2. Interior noise levels. Prior to the Noise Ordinance, and issuance of building permits, detailed acoustical analyses, in the State Building Code. conformance with Section 1208 of the 1998 California Building . Code, shall be conducted as part of final design for the proposed multi-family residential uses. The project shall incorporate sound insulation treatments into the buildings so as to achieve an interior Ldn of 45 dBA or less with the windows closed. Such treatments may include, but would not be limited to acoustically rated , windows and doors, acoustical caulking at all exterior wall penetrations and noise control treatments for all air transmission paths associated with mechanical ventilation systems. Forced-air mechanical ventilation, or air-conditioning, shall be incorporated as necessary to provide habitable interior environments with the windows closed, satisfactory to the City Building Official. BUILD Project Mitigation Monitoring & Reporting Program I Timeframe and Responsibility for 1m lementation BUILD shall be responsible for the design of the . structures and completion of the acoustical analysis by a qualified acoustical I consultant. The final design and analysis shall be submitted to the Chief Building Official for review and approval prior to issuance of building permits. Method of Compliance documents, contracts, and project plans. . The Chief Building Official shall review and approve the acoustical analysis and final design. Oversight of Implementation Director of Planning and Community EnvironmentlBui lding Official June 2006 Page 2 -- MITIGATION MONITORING AND REPORTING PROGRAM BUILD (06PLN:.OOO31) Timeframe and Impact Mitigation and A voidance Measures Responsibility for Implementation Impact C.3: The Mitigation Measure C.3-1. Construction Noise. Construction at To be proposed project could the BUlLD Site shall comply with the following noise control implemented expose sensitive measures. Copies of these provisions shall be posted on the during receptors to substantial building plans prior to issuance of demolition, grading, or building . construction by temporary increases in permits. BUILD's noise levels during • Allowable hours for construction shall comply with Section contractors. construction. 9.10.060 in the City's Noise Ordinance as follows: Construction shall be prohibited on Sundays and holidays and shall be prohibited except between the hours of 8:00 am and 6:00 pm, Monday through Friday and 9:00 am and 6:00 pm on Saturday. • Construction noise levels. Allowable construction noise levels shall be as specified in the City's Noise Ordinance Section 9.10.060. • Signage shall be posted at the construction site pursuant to Section 9.10.060 ofthe City's Noise Ordinance as follows: -Signs shall be posted at all entrances to the construction site from start of construction, informing all contractors and subcontractors, their employees, agents, material men. and all other persons at the construction site, of the basic requirements of the Noise Ordinance. Said sign(s) shall be posted at least 5 feet above ground level, and shall be of a white background with black lettering which lettering shall be a minimum of one and one-half inches in height. I Said sign shall read as follows: ! CONSTRUCTION HOURS FOR NON-RESIDENTIAL PROPERTY (Includes Any and All Deliveries) MONDAY FRIDAY 8:00 am to 6:00 pm, I SATURDAY 9:00 am to 6:00 p~_ BUILD Project Mitigation Monitoring & Reporting Program -- Method of Compliance I Conformance with ! specified construction measures. Measures shall be listed on all construction documents, contracts, and project plans. [ Oversight of I Implementation Director of Planning and Community Environment! Building Official June 2006 Page 3 ---- MITIGATION'MONITORING AND REPORTING PROGRAM BUILD (06PLN-00031) Timeframe and Impact Mitigation and Avoidance Measures Responsibility for Implementation SlTNDAY/HOLIDAYS Construction prohibited. Violation of this Ordinance is a misdemeanor punishable by a maximum of 6 months in jail, $1,000 fine, or both. Violators will be prosecuted. P.AM.C. §9.l0.060(b) • Construction Equipment Mufflers and Maintenance. All construction equipment powered by internal combustion engines shall be properly muffled and maintained in good working order. • Idling Prohibitions, Unnecessary idling of internal combustion engines shall be prohibited. • Equipment Location and Shielding. All stationary noise- generating construction equipment such as the concrete crusher, compressors, generators, and pumps, shall be located as far as practical from existing nearby residences and other noise-sensitive land uses. Equipment shall be acoustically shielded. Quiet Equipment Selection. Quiet construction equipment, particularly air compressors, shall be selected whenever possible. Impact C.4: Mitigation Measure C.4-l. Demolition Vibration Coordination. To be Demolition of the The BUILD project will coordinate the timing of use of hoe-rams implemented existing building on the and any other large impact tools (such as a demolition ball) with during demolition BUILD Site could Space Systems/Lora!. A Vibration Coordinator, and/or the of former Sun potentially generate Construction Manager, will inform Space Systems/Lor'al of the Microsystems perceptible groundborne timing of planned demolition activjties and coordinate with Space building by vibration levels at the Systems/Loral on a routine basis. Initially, the use of large impact BUILD's adjacent Space tools would be started at a location on the property as far as possible Vibration Systems/Loral facility. from Space Systems/Loral and monitored. If vibration levels are Coordinator and/or ' found to substantially effect operations at Space Systems/Loral, a Construction I detailed coordination plan to avoid impacts on sensitive Space Manager. I BU1LD Project Mitigation Monitoring & Reporting Program Method of Compliance Measures shall be listed on all construction documents, contracts, and project plans and shall be complied with during demolition. I Oversight of Implementation , I Director of Planning and , Community Environment and Building Official , I June 2006 Page 4 BUILD (06PLN-00031) [mpact Mitigation and A voidance Measures Systems/Loral activities shall be developed. Coordination with Space SystemslLoral shall continue as the impact generating activity moves closer to adjacent facilities. In the event large impact tools cause vibration that is deemed excessive by Space Systems/Loral~ alternative demolition methods that generate acceptable ground vibration levels shall be evaluated and may be required by the Director of Planning and Community Environment and the Buildin Official. - AIR QUALITY Impact D.l: Mitigation Measure D.I-I. Demolition Impacts. The BAAQMD Construction activities has prepared a list of feasible construction dust control measures related to the proposed that can reduce construction impacts to a less than significant level. project, particularly The following dust control measures shall be implementation by generation of project contractors during demolition and shall be reflected as notes construction dust, could on the project plans prior to issuance of demolition permits: result in significant short-term air quality Water to control dust generation during demolition of structures impacts. and break-up of pavement. Concrete crusher should add water to material at point(s) of entry and whenever material will be dropped or dumped. Cover all trucks hauling demolition debris from the site. Use dust-proof chutes to load debris into trucks whenever feasible. Mitigation Measure D.l-2. Construction Impacts. The following construction practices shall be implemented during all phases of construction on the project site and shall be reflected as notes on the . project plans prior to issuance of grading or building permits: Water all active construction areas at least twice daily. Water or cover stockpiles of debris, soil, sand or other materials that can be blown b the wind. ~ ........ -........ -.... _.-.... _.- BUILD Project Mitigation Monitoring & Reporting Program Timeframe and Responsibility for 1m lementation To be implemented by BUILD_and its contractors during demolition and construction. Method of Compliance . Dust control measures shall be implemented during all demolition and construction activities on the site. Measures shall be listed on all construction documents, contracts, and project plans. Oversight of 1m plementation Director of Planning and Community Environment June 2006 Page 5 MITIGATION MONITORING AND REPORTING PROGRAM BUILD (06PLN-00031) r Timeframe and :mpact I Mitigation and Avoidance Measures Responsibility for Implementa~ion -Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. Sweep daily (preferably with water sweepers) all paved access roads, parking areas and staging areas at construction sites. Sweep streets daily (preferably with water sweepers) if visible soil material is carried onto adjacent public streets. Hydroseed or apply non-toxic soil stabilizers to inactive construction areas. -Enclose, cover, water tWice daily or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.). -Limit traffic speeds on unpaved roads to 15 miles per hour. -Install erosion control measures to prevent silt runoff to public roadways. -Replant vegetation in disturbed areas as quickly as possible. HAZARDS AND HAZARDOUS MATERIALS -- lmpactE.l: Mitigation Measure E.l-1. On-Site Contamination Impacts. The. Risk [mplementation of the The BU1LD project sponsor shall implement risk management Management Plan proposed measures as a part of project site design and during and after shall be Comprehensive Plan construction as described in the Final Risk Management Plan for implemented by ;hange and specific the site, as approved by the San Francisco Bay Area Regional BUILD during ievelopment proposed Water Quality Control Board (RWQCB). If the RWQCB amends construction and )n the BUILD Site and the Risk Management Plan in accordance with its standards, the post -construction CJL Site would allow specific mitigation measures shall be adjusted accordingly. These periods as required :esidential and measures are provided to avoid the possible future increase build up by the Regional :ommunity center of volatile organic compound vapors in residential buildings and Water Quality levelopment adjacent to measures to avoid impacts during construction. These measures Control Board. )r on properties where include, but are not limited to: 'eleases of volatile )rganic compounds Groundwater Use lave impacted soil and Local groundwater on the site shall not be used for any purpose sroundwater. In the (inc1udin domestic and construction pU!1'0ses).Water shall be. 3UILD Project vlitigation Monitoring & Reporting Program Method of Compliance Risk management measures shall be implemented as a part of site design and maintained and monitored over the life of the project, as required in the approved Risk Management Plan. Risk management measures to be implemented during construction shall be listed on all Oversight of Implementation Regional Water Quality Control Board and City of Palo Alto (Director of Planning and Community Environment and Fire Marshall Environmental Protection Coordinator) June 2006 Page 6 MITIGATION MONITORING AND REPORTll'1l"G PROGRAM BUILD (06PLN-00031) Timeframe and Impact Mitigation and Avoidance Measures Responsibility for 1m lementation event volatile organic supplied to the BUILD Site by the City of Palo Alto mu;nicipal compounds from these water utility. releases were allowed to build up under and enter DeSign Risk Management Measures residential or community center • Vapor Barriers. Vapor barriers (i.e., liners) shall be structures this could installed beneath all buildings, including buildings result in health hazards constructed over above-ground parking garages and crawl to future residents on both sites or to users of spaces. the CJL Site. • VentHation. All future residences shall be placed over parking garages or crawl spaces that are ventilated with fresh air pursuant to California Building Code requirements (adopted by the City of Palo Alto) for garage ventilation systems .. No slab on-grade construction shall be used. Ventilation systems installed at the BUILD Site shall have double the capacity required by the California Building Code in order to ensure that any increases in ventilation rates required to maintain VOC concentrations below risk-based concentrations will be mechanically feasible. Ventilation system design shall require that a negative pressure environment is maintained in depressurized crawl spaces to serve as an additional protection against vapor migration into indoor air spaces in the overlying buildings. • Elevator Pits and Stairwells. No below-grade structures, such as elevator pits, shall be constructed at a depth greater than five feet below the ground surface. Elevator shafts serving more than two floors shall be ventilated to the outdoors, as required under the California Building Code. Stairwells shall include ventilation and fireproof "airtight" doors at the ara e ent BUILD Project Mitigation Monitoring & Reporting Program Method of Compliance construction documents, contracts, and project plans. . Oversight of Implementation June 2006 Page 7 MITIGATION MONITORlNGAND REPORTING PROGRAM BUILD (06PLN-00031) I I Timeframe and Impact Mitigation and Avoidance Measures Responsibility for Implementation • Evaluation of Risk Mitigation Measures. Prior to occupancy, air samples shall be collected in the parking garage(s) with ventilation systems running and concurrently . from outside air at locations considered representative of background conditions. Air samples shall be analyzed for the three primary chemicals of concern, TCE, PCE and vinyl chloride. Measured VOC concentrations in parking garage samples shall be compared to background levels and to the following risk-based goals for indoor air. I Risk-Based Goals for TCE, PCE, and Vinyl Chloride in Indoor Air I (Residential Land Use at 901 San Antonio Road) I r--Risked-Based Goals for Indoor Air I Based on Non-Cancer! Based on 10-6 Hazard Quotient of 1 I Incremental Ca.ncer (J-tg/L) Risk (p,g/L} --Tetrachloroetbene 0.937 0.00032 (PCE) Trichloroethene (TCEt 0.63 0.00096 Vinyl Chloride 0.1 i 0.000025 If measured VOC concentrations in parking garages exceed both I background and the risk-based goals for indoor air, the need for I additional sampling andlor modifications to risk management measures shall be discussed with the RWQCB and implemented as appropriate pr:ior to occupancy. In addition, pressure measurements shall be taken within crawl spaces to verify that negative pressures within these crawl spaces are attained pursuant to the requirements of the Risk Management Plan. _ .... _ .... - BUILD Project Mitigation Monitoring & Reporting Program Method of Compliance ! ,- Oversight of Implementation I I I ! June 2006 Page 8 MITIGATION MONITORING AND REPORTING PROGRAM BUILD (06PLN-00031) i Timeframe and Impact Mitigation and A voidance Measures Responsibility for Implementation Results from the air sampling and analysis and pressure testing shall be submitted to the City of Palo and the RWQCB as part of a Construction Completion Report. • Measures to Reduce Migration of Im[!acted Groundwater. Groundwater containing VOCs may migrate along permeable fill surrounding buried utilities or infiltrate into non-pressurized pipes (such as storm water pipes) if they extend below the ground water table. The lateral migration of contaminated groundwater along underground utility lines shall be avoided by the use of low- permeability fill or cutoff features. Low-permeability fill may include a grout mix amended with fly-ash known as pozzolanic controlled density fill (PCDF) or flowable fill. This material is poured like concrete, has low permeability, low strength (i.e., it can be excavated by hand), and flows into gaps around utilities. The cutoff feature shall be at least two feet thick and will span the width of the trench from the base of the trench to an elevation at least three feet above the highest expected groundwater level at that location. The sides of the cutoff feature shall be keyed into native soil. Groundwater infiltration into non-pressurized utilities shall be prevented by adequately sealing pipe joints installed below or near groundwater during construction. Construction using pile foundations is not proposed. In the event that pile foundations extending more than 15 feet below the ground surface were to be utilized on the site, a plan describing the proposed pile construction methods and BUILD Project Mitigation Monitoring &Reporting Program Method of Compliance I Oversight of II Implementation i ---II June 2006 Page 9 MITIGATION MONITORING AND REPORTING PROGRAM BUILD (06PLN-0003l) Timeframe and Impact Mitigation and Avoidance Measures Responsibility for Implementation groundwater monitoring requirements shall be submitted to the City and the RWQCB for review and approval. • Construction Plan Reviews. Construction plans shall be reviewed by a California registered professional engineer for conformance to the requirements of this RMP prior to construction whenever the planned construction includes any of the following activities: -a new building will be constructed; -foundation piles will be drilled or driven into the ground [not proposed by the:BUILD project] -building modifications will include new foundations or expansion onto ground that is not currently covered by the existing building on the BUILD Site; -mechanical ventilation systems will be constructed or modified (except for maintenance or upgrade, such as replacing parts of equal or better quality or performance). A Construction Plan Review Report, which describes the elements of construction work that are subject to design risk management measures in the Risk Management Plan, shall be prepared for each set of plans reviewed. Review reports shall also summarize design risk management measures included in the construction plaris and present the engineer's evaluation of whether the construction plants are in conformance with the requirements of the Final Risk Management Plan. Copies of each Construction Plan Review Report shall be submitted to the RWQCB for formal comment and to the City of Palo Alto for review and approval. BUILD Project Mitigation Monitoring & Reporting Program Method of Compliance , , Oversight of Implementation " i June 2006 Page 10 MITIGATION MONITORING AND REPORTING PROGRAM BUILD (06PLN-00031) Timeframe and Impact Mitigation and A voidance Measures Responsibility for Implementation Construction Measures • Health and Safety Plans. Contractors whose work may involve handling hazardous wastes; hazardous materials, or contaminated soil or groundwater on the BUILD Site shall prepare a site-specific health and safety plan in accordance with State of California regulations (including California Code of Regulations [Title 8, Section 5192]). • Dewatering During Constru.ction. In the event that groundwater is removed from trenches or other subsurface excavations during construction, the groundwater shall be disposed of in accordance with applicable state and local regulations. These actions may include temporary storage of groundwater on-site, sampling, pre-treatment, and disposal to either the sanitary sewer system or storm drain, or transportation off-site to a facility licensed to accept the waste. All appropriate permits and approvals from regulatory agencies, including the City of Palo Alto, shall be obtained prior to disposal of extracted groundwater. Soil Management Protocols During Construction. A minimum depth of three feet below ground surface of soil shall be excavated, graded or uncovered during the course of redevelopment construction activities by BUILD. Soil that is I excavated, graded or uncovered during construction activities shall be inspected for evidence of discoloration or staining and for noticeable chemical odors by contractors performing the on-site construction, a responsible environmental professional, by another party if approved or designated by the Site owner. If contaminated soil is found, it shall be handled as described in the Final Risk Management Plan_. __ ~.-.. - BUILD Project Mitigation Monitoring & Reporting Program Method of Compliance i Oversight of Implementation i I June 2006 Page 11 MITIGATION MONITORING AND REPORTING PROGRAM I Timeframe and [mpact Mitigation and. Avoidance Measures Responsibility for .Implementation In addition, any soil excavated from the saturated groundwater zone (i.e., from depths greater than approximately eight feet below the ground surface) shall not be permanently placed within the upper five feet of the , ground surface and shall be sampled and analyzed for VOCs prior to off-site disposaL· • Protection and Abandonment of Groundwater Monitoring Wells. Wells that will remain in place during construction shall be protected from damage. After construction is complete, wells shall be modified as necessary to match finish grade. Wells to be abandoned or relocated shall be identified in coordination with named dischargers under RWQCB Order #99-043 and the RWQCB. Well abandonment and new well construction activities, if any, shall be conducted in accordance with Santa Clara Valley Water District I requirements. Construction ComRJetion ReRort for RWOCB Review. A Construction Completion Report shall be submitted to City of Palo Alto and the RWQCB within 90 days of completion of each approved phase of construction that is subject to the Risk Management Plan. This report shall be prepared by a California registered professional engineer and shall include: 1) description of construction work completed that was subject to the Risk Management Plan, including a utility installation report that identifies construction techniques to I reduce the potential for lateral migration ofVOCs; 2) confirmation that a minimum depth of three (3) feet below mILD Project vfitigation Monitoring & Reporting Program Method of Compliance I Oversight of I Implementation I I June 2006 Page 12 MITIGATION MONITORING AND REPORTING PROGRAM BUILD (06PLN-00031) Timeframe and lmpact Mitigation and Avoidance Measures Responsibility for Implementation ground surface of soil wa:S excavated, graded, or uncovered during construction; 3) confirination that soil excavated graded, or uncovered during construction activities was inspected for evidence of discoloration or staining and for noticeable chemical odor,s; 4) description of any impacted soil or groundwater encountered during construction, and the associated sampling, analysis and management of the impacted material; 5) description of all features installed in the new construction to provide long term risk management, such as vapor barriers and utility cutoff walls; and 6) results of air sampling and analysis and pressure monitoring performed as described under Evaluation of Risk Mitigation Measures above. Post-Construction Maintenance and Monitoring • Post-Construction Maintenance of Val!or Barriers . Maintenance or improvements performed at buildings shall I be completed in a manner that does not tear penetrate, or otherwise compromise the vapor barrier installed underneath the building floor slab. If penetration of the vapor barrier is unavoidable or occurs inadvertently, measures shall be taken to reseal the vapor barrier. • Post-Construction Modifications Affecting Podium Garage or Crawl Sl!ace Construction. Any modifications that impact a podium garage, crawl space, or the ventilation system(s) are prohibited, except to the extent such modifications fully comply with the Risk Management Plan. Any modifications that would not comply with the Risk Management Plan are subject to review and approval by the mILD Project vfitigation Monitoring & Reporting Program Method of Compliance I I Oversight of Implementation . June 2006 Page 13 MONITORING AND REPORTING PROGRAM BUILD (06PLN-00031) : Timeframe and Impact Mitigation and Avoidance Measures Responsibility for Im}!lementation City and the RWQCB. • Notification of Future Residents (Covenant and Environmental Restriction). Prior to the sale of any residential units on the BUILD property the site owner shall: -Record an appropriate deed restriction acceptable to the Regional Water Quality Control Board and City of Palo Alto on the site; -Establish and fund a trust account in a form acceptable to the Regional Water Quality Control Board for the purpose of funding any post-construction RMP obligations, including the implementation of contingency plan requirements. The site owner, the City of Palo Alto, the dischargers named in the RWQCB Order, and the RWQCB shall work together to develop and finalize the deed restriction . and an environmental fact sheet. The approved environmental fact sheet documenting the subsurface conditions and engineering controls shall also be attached to the deed restriction. The deed restriction shall be submitted to the RWQCB prior to recordation with the County of Santa Clara's recorder's office. The deed restriction shall be recorded within five (5) business days after issuance of the first building permit for any residential and/or commercial structure at the site. • Annual Monitoring Review. One year after the initial occupancy of any residential unit on the BUILD Site, and on an annual basis thereafter, a California Registered BUILD Project \1itigation Monitoring & Reporting Program I Method of Compliance Oversight of Implementation -- June 2006 Page 14 [mpact UILD Project MITIGATION MONITORING AND REPORTING PROGRAM BIDLD (06PLN-:00031) Mitigation and Avoidance Measures Professional Engineer shall conduct: I) conduct a review of available soil gas data relative to the threshold concentration trigger levels set forth in the Risk Management Plan; 2) visually inspect the parking garage and crawl space ventilation system to verify that modifications have not be made to the designed ventilation rate of 1.5 cubic feet per minute per square foot; 3) verify that the system is operating i 24 hours per day in conformance with RMP requirements; 4) visually inspect the soil gas monitoring points for accessibility and damage; 5) determine whether the level of funds in the trust account is adequate to fund Risk Management Plan obligations for the subsequent year, and if not, include an estimate of additional funding required to be deposited; Q.~) complete a summary report of any air sampling and pressure monitoring conducted during the course of the year; and 26) identify any response actions that have been taken as a result of such sampling results. A letter report with the results ofthe annual monitoring review shall be submitted by January 31 of each year to the RWQCB and the City of Palo Alto, as described in the Risk Management Plan. • Contingency Plan for Modification/Adjustment of Ventilation Systems. A Contingency Plan shall be implemented in the event VOC concentrations in soil gas increase above threshold levels shown below. Timeframe an.d Responsibility for Implementation fitigation Monitoring & Reporting Program Method of Compliance i Oversight of Implementation 11 June 2006 Page 15 MITIGAllION MONITORING AND REPORTING PROGRAM BUILD (06PLN-00031) :mpact Mitigation and Avoid·ance Measures i Timeframe and Responsibility for Implementation !-Contingency Plan Thresholds for Future Sampling I Chemical I Soil Gas Threshold Concentration ""TeE (i.Lg/L) * 9.6 rYfE 3.2 Vinyl chloride . 0.25 I *Threshold for soil gas concentrations (in soil gas samples taken below the concrete floor of garages) based upon 10,000 times the cancer risk-based goal (for the site) for VOCs in indoor air: . I Source: Final Risk Management Plan (for the BUILD property), August 2005. At minimum, VOC concentrations shall be assessed on an annual basis commencing one year after the initial occupancy of any residential unit at the site. Soil gas sampling shall be collected by the.BUILD Site owner(s) beneath the concrete floor and vapor barrier of each parking garage using installed sub-slab soil gas monitoring points. If VOC concentrations in soil gas exceed the threshold concentrations listed above, air sampling of parking garages and pressure monitoring of depressurized crawl spaces shall be conducted in accordance with the protocols in the Final RMP. This shall include two air sampling events; one following the determination that thresholds have been exceeded and one six months later. The purpose of the sampling under the buildings will be to ensure that vapor . mitigation measures are working as intended. In the event that air sampling of the parking garages or pressure monitoring of the crawl spaces finds either: I) I concentrations of TCE, PCE, or vinyl chloride exceed I background levels and the .risk-based goals listed below and \ in Table 27 of this EIR; or 2) negative ~Iessures are not UILD Project litigation Monitoring & Reporting Program Method of Compliance * I I i I I - Oversight of Implementation I Ii I I I I \ I I I June 2006 Page 16 -_._ ... _ ....... - MITIGATION MONITORING AND REPORTING PROGRAM BUILD (06PLN-00031) Timeframe and "I . M""" d A"d M R "b"l"ty 4' Method of OversIght of .mpact ItlgatlOD an VOl ance easures esponSl 1 1 .lor C I" I I "I I • nil t t" omp lance mp ementatlOD mp,emen a Ion being maintained in depressurized crawl spaces, . I I modification of the ventilation system shall be evaluated in coordination with the City's Building Official and the ! RWQCB. 1 ! '\. Risk-Based Goals for TCE, PCE, and Vinyl Chloride in Indoor Air! h . That Will Trigger Eva~on of Moditication of Ventilation system 6 (s) ! . Based on Non-Cancer Based on 10- . .. Hazard Quotient of 1 Incremental Cancer I _ wglL) Risk JJ-I.gJL) I Tetrachloroethene I 0.037 0.00032 i (PCE) I Trichloroethene (TCE) 0.63 000096 I I Vinyl Chloride 01 0.000025 I Modifications to the ventilation systems may include increasing operating ventilation rates of the ventilation . ~ I systems for the parking garages at the BUILD site. ! II • Trust Account for Post-Construction Contingency Plan. I i A trust fund account in the amount of $75,000 in a fonn ! i I acceptable to the RWQCB for the purpose of funding any I . I post-construction Risk Management Plan obligations, as . specified in the Risk Management Plan, shall be established. These obligations include preparation of the annual monitoring report and any required soil gas sampling and . modifications to flow rates of parking garage ventilation II. systems. Documentation of the trust account and I commitment to a funding mechanism shall be provided to the . City of Palo Alto's satisfaction to issuance of building :UILD Project litigation Monitoring & Reporting Program June 2006 Page 17 MITIGATION MONITORING AND REPORTlNG PROGRAM BUILD (06PLN-00031) Timeframe and Impact Mitigation and Avoidance Measures Responsibility for Implementation ImpactE.2: Mitigation Measure E.2-1. Hazard Assessment and Emergency BUILD shall Implementation of the Preparedness. Shelter in Place and Evacuation Plans for residents prepare plans prior proposed and other users shall be prepared for the BUILD Site. These plans to occupancy. Comprehensive Plan shall provide'protocols and directions to follow in the event of an amendment could create accidental release of hazardous materials on adjacent or nearby a significant hazard to sites. The Plans shall be prepared based upon a Hazard Assessment the public by allowing and guidelines provided by the City of Palo Alto and shall be residential uses near reviewed and approved by the Palo Alto Fire Department prior to and/or adjacent to occupancy. industrial properties that use and store toxic and volatile hazardous materials. While routine emissions of hazardous materials do not appear to pose a health hazard, residents and other users could be exposed to hazardous I materials in the event of ' an accidental release. 3UILD Project viitigation Monitonng & Reporting Program Method of Compliance Plans shall be prepared and implemented as approved by the City of Palo Alto Fire Marshall Environmental Protection Coordinator. I , Oversight of Implementation Director of Planning and Community Environment and Fire MarshaV Environmental Protection Coordinator June 2006 Page 18 MITIGATION MONITORING AND REPORTING PROGRAM BUILD (06PLN-0003J) Timeframe and Impact Mitigation and Avoidance Measures Responsibility for Implementation HYDROLOGY AND WATER QUALITY Impact F.l: Mitieation Measure F.l.1. Runoff Control. The BUILD project BUILD shall Redevelopment of the shall avoid increased stormwater flows from the site by detaining submit fmal design BUILD Site and CJL additional runoff on site. The project shall provide detention to for City prior to Site would substantially limit peak discharge from the site to not exceed existing peak storm issuance of increase the quantity of water discharge. Detention may be accomplished through the use of building permits. stormwater runoff from . oversized pipes, a rock sump in landscaping, or similar measures the site or result in that provide adequate storage to detain, at a minimum, additional I capacity impacts to the runoff during a 10-year storm event. The final design of these stormwater collection measures shall be reviewed and approved by the Public Works system within the Department prior to issuance of building permits. project vicinity. ImpactF.2: I Mitigation Measure F.2-1. Erosion and Sedimentation Control. To be Construction activities I The following erosion and sediment control measures, based upon I implemented by on the project site, Best Management Practices recommended by .the Regional Water BUILD and its including pavement Quality Control Board, shall be included in the project to reduce contractors during removal and potential construction-related water quality impacts. Many of these construction. earthmoving, could I measures are the same as or similar to measures required to reduce result in adverse I air quality impacts. Erosion and sedimentation control plans shall impacts to the water be submitted for review and approval by the Public Works quality of San Francisco Department prior to issuance of grading or building permits. Bay. I Stormwater inlet protection consisting of burlap bags filled with drain rock will be installed around storm drain inlets to keep sediment and other debris out of the stormwater drainage 'system. All exposed or disturbed soil surfaces will be watered at least twice daily to control dust as necessary. -Earthmoving or other dust-producing activities will be I suspended during periods of high winds. Stockpiles of soil or other materials that can be blown by the 3UILP Project viitigation Monitoring & Reporting Program Method of .1 Oversight of Compliance I Implementation Ii Inclusion of Director of Public ~ measures in drainage Works and II plan to avoid Director of II increased stonn Planning and I water flows during a Community . 10-year stonn event Environment to be approved by the Director of Public Works. Conformance with Director of Public NPDES General Works and Construction and Director of Municipal Permit Planning and requirements. All Community measures shall be Environment I listed on all ! construction documents, contracts, and project II plans. I - I II . June 2006 Page 19 MITIGATION MONITORING AND REPORTING PROGRAM BUILD (06PLN-00031) Timeframe and [mpact Mitigation and Avoidance Measures Responsibility for Implementation wind will be watered or covered. I -All trucks hauling soil, sand, and other loose materials will be covered and all trucks will be required to maintain at least two feet of freeboard. -All paved access roads, parking areas, and staging areas I adjacent to the construction sites will be swept daily with water sweepers. Vegetation in disturbed areas will be replanted as quickly as possible. ImpactF.3: Mitigation Measure F.3-1. Stormwater Pollution Prevention I To be Redevelopment of the Plan. The project shall comply with the NPDES General I implemented by BUILD Site and CJL Construction Activity Stormwater Permit administered by the BUILD and its Site would disturb more Regional Water Quality Contr,ol Board. Prior to construction contractors during than one acre and grading for the proposed land uses, the applicant shall file a "Notice construction. stormwater runoff from ofIntent" (NOI) to comply with the General Permit and prepare a the proposed Stormwater Pollution Prevention Plan (SWPPP) which addresses development could measures that would be includ~d in the project to minimize and contribute to a control construction andpost-~onstruction runoff. The SWPPP degradation of surface shall be submitted to the Public Works Department for review and water quality of Adobe approval prior to issuance of grading or building permits. The Creek, and ultimately, following measures shall beinduded in the SWPPP: San Francisco Bay. -Preclude non-stonnwater discharges to the stormwa,ter system. .-Effective, site-specific Best Management Practices for erosion and sediment control during the construction and post- construction periods. -Coverage of soil, equipment, and supplies that could contribute non-visible pollution prior to rainfall ~vents and perform monitoring of runoff. -Inspection and maintenance of SWPPP measures before, during and after each rainfall event. 3UILD Project vIitigation Monitoring & Reporting Program Method of Compliance Conformance with NPDES General Construction and Municipal Permit I requirements. I SWPPP shall be incorporated into project plans and all measures shall be listed on all construction documents, contracts, and project plans. -- I Oversight of Implementation i I Director of Public Works and Director of I Planning and . Community Environment I il II I! i June 2006 Page 20 MITIGATION MONITORING AND REPORTING PROGRAM BUILD (06PLN-00031) I Timeframe and mpact Mitigation and Avoidance Measures Responsibility for Implementation Perform monitoring of discharges to the stonnwater system. When the construction phase is complete, a Notice of Tennination (NOT) for the General Pennit for Construction shall be filed with the Regional Water Quality Control Board and the Public Works Department. The NOT shall document that all elements of the SWPPP have been executed, construction materials and waste have been properly disposed of, and a post-construction stonnwater management plan is in place as. described in the SWPPP for the site. As part of the mitigation for post -construction runClff impacts addressed in the construction SWPPP, the project sponsor shall implement regular maintenande activities (i.e., maintaining on-site drainage facilities and landscaping that receives stonnwater runoffl litter control) at. the site to prevent soil and litter from accumulating on the project site and contaminating surface runoff. An annual post-construction maintenance agreement shall be prepared and submitted to the Public Works Department prior to issuance of I grading or building pennits. Other post-construction source controls and BMPs may include: maintenance of landscaped' areas as necessary to maintain soil structure and permeability; . -site maintenance, including routine catch basin cleaning; and maintenance of landscaping with minimal pesticide use, including landscape maintenance techniques listed in the Fact Sheet on Landscape Maintenance Techniques for Pest Reduction prepared by the Santa Clara Valley Urban Runoff Pollution Prevention Program. :UILD Project 1itigation Monitoring & Reporting Program Method of Compliance -- Oversight of Implementation I I i I June 2006 Page 21 MITIGATION MONITORING AND REPORTING PROGRAM BUILD (06PLN-00031) ! Timeframe and Impact Mitigation and Avoidance Measures 'Responsibility for' 1m plementation BIOLOGICAL RESOURCES Impact G.!: Protected Mitigation Measure G.1-I: Protections for Nesting Birds. BUILD shall be native birds and bats, Project sponsors shall remove potential nesting habitats (vegetation) responsible for the and their nests and only during the non-nesting season between September I and completion of pre- roosts may be present in March 1. If vegetation is to be removed or otherwise impacted construction Jandscaping or during the nesting season, pre-construction surveys shall be surveys prior to abandoned buildings conducted by a qualified ornithologist, and if active nests are found, demolition and and could be impacted disturbance-free buffer zones shall be established. Pre-construction vegetation removal by the implementation surveys shall be completed no. more than 30 days prior to the start during the nesting of the proposed BUILD of demolition/vegetation remQval or no more than 14 days prior to season. and CJL projects. the initiation of demolition/construction activities during the early ! part of the breeding season. If resting birds are located on or immediately adjacent to the site, a construction-free buffer zone (typically 250 feet) around theiactive nest shall be established for the dUration of breeding until young birds have fledged. Mitigation Measure G.1-2. ~rotections for Roosting Bats. The following measures are included in the BUILD project to avoid potential impacts to native roosting bats, such as the Mexican freetail bat: -Preco.nstruction surveys for bats shall be conducted no more than 14 days in advance of the demolItion of the building on- site. Surveys shall be conducted on several consecutive days/nights to assure the identification of all roosting bats in the .building. Demolition shall not proceed until a qualified bat biologist has adequately surveyed the building, removed any bats, and determined that all bats have been captured. -If a maternity roost is present, a qualified bat biologist shall determine the extent of construction-free zones around active nurseries since these species are known to abandon young when disturbed. If either a maternity roost or hibernacula is present, 3UILD Project vEtigation Monitoring & Reporting Program Method of Compliance F or tree removal between January and August, the results of preconstruction surveys shall be submitted to the Director of Planning Community Environment. Recommendations to avoid impacts to nesting birds shall be followed during construction. For building demolition, the results of preconstruction surveys for bats shall be submitted to the Director of Planning and Community Environment. Demolition shall nbt proceed until a qualified bat biologist has determined that all bats have been removed. If an I I i Oversight of Implementation Director of I Planning and Community Environment ! June 2006 Page 22 MITIGATION MONITORING AND REPORTING PROGRAM Timeframe and Impact Mitigation and Avoidance Measures Responsibility for Implementation the following mitigation measures shall be implemented. I CDFG should also be notified of any active nurseries within the construction zone. If an active nursery roost i-5 located, demolition of that building can commence before maternity colonies form (i.e., prior to March 1) or after young (l,I1e volant (flying) (i.e., after July 31). The disturbance-free buffer zones described in the mitigation above shall be observed ~uringthe maternity roost season (March 1 -July 31). CULTURAL RESOURCES ImpactJ.l: I MItigation Measure J.l-l. Pre-Construction Surveys and On-I BUILD is Development of the ' Site Monitoring. Prior to the start of construction or at the time of responsible for project site, including removal oflandscaping and asphalt, a visual inspection and implementing this excavation and grading, monitoring of the project site shall be completed by a qualified measure at the could result in the archaeologist, approved by the Director of Planning and time landscaping disturbance of Community Environment. Monitoring shall consist of coordinating and asphalt is archaeological subsurface work to allow for the careful examination of vertical and removed and resources. horizontal soil relationships for the purpose of defming positive during subsurface archaeological finds (prehistoric andlor historic). After written (grading) work. approval, the Planning and Community Environment Department shall be notified at least 48 hours prior to any grading or other subsurface work on the site and the applicant shall provide a written protocol that stipulates the manner in which the applicant shall comply with the monitoring requirements. The monitor shall maintain a field log of their presence and observations, carefully noting soil conditions. In the event archaeological deposits are discovered all work within the proximity of the [md shall temporarily halt so that the archaeologist can examine the fmd and document its provenance and nature. If the find is deemed significant by the archaeologist excavation shall be~fof!!led to BUILD Project Mitigation Monitoring & Reporting Program Method of Compliance active nursery is found, demolition shall conform to the mitigation measures andCDFG (California . Department of Fish and Game) shall be notified. The visual inspection and monitoring shall be completed by a qualified archaeologist in conformance with a written protocol. In the event archaeological deposits are encountered, mapping and evaluation shall be completed and a Treatment Plan prepared. I I Oversight of Implementation I I Director of I Planning and Community Environment County Coroner (if human remains are discovered) I II II June 2006 Page 23 ~--- MITIGATION MONITORING AND.REPORTING PROGRAM BUILD (06PLN~OOO31) Timeframe and Impact Mitigation and A voidance Measures Responsibility for Implementation allow for the mapping of the aerial extent of any deposits as well as r to understand their depth belQw the existing surface. Maps shall be prepared by professional s~~yors to aid project designers in the avoidance of impacts to these deposits if at all possible by relocating structures and utilities, andlor by placing fill over them to allow construction andlor use as landscaping or for parks which could be done without any damage to the resources themselves .. Work shall only proceed on the project site once a Treatment Plan is submitted by the archaeologist to the City and adequate mitigation measures are adopted or the matter. is resolved to the satisfaction of the Director of Planning and Community Environment. In the event that the proposed project cannot be redesigned to protect any buried archaeological deposits, a program of hand excavation into areas of projected impacts shall be conducted to determine the significance of the resources. Recommendations shall be prepared for the mitigation of impacts to any resource areas that are found to be eligible for inclusion on the California Register of Historic Resources. Mitigation could include but is not limited to an additional program of data recovery through hand excavation along with archaeological monitoring of all project related earthmoving activities inside the borders of the resource areas to allow for the recording andlor removal of significant archaeological materials andlor information and human burials. Grading and Excavation Mitieation Measure J.1-2. Notification of Arcbaeological Finds. In the event any significant cultural materials are encountered during construction grading or excavation, all construction within a radius of 50-feet of the find would be halted, the Director of Planning and Community Environment shall be notified, and the ------archaeologist shall examine the find and make appropriate BUlLD Project Mitigation Monitoring & Reporting Program 1 Method of Compliance Oversight of I Implementation Ii I I I I June 2006 Page 24 MITIGATION MONITORING AND REPORTING PROGRAM BUILD (06PLN-00031) Timeframe and Impact Mitigation and Avoidance l\feasures Responsibility for "' Implementation . recommendations regarding the significance of the fmd and the appropriate mitigation. Recommendations could include collection, recordation and analysis of an,.y significant cultural materials. A report of findings documenting any data recovered during monitoring shall be submitted to the Director of Planning and Community Environment. ! In the event that human skeletal remains are encountered, the applicant is required by County Ordinance No. B6-l8 to immediately notify the County Coroner. Upon determination by the County Coroner that the remains are Native American, the coroner shall contact the California Native American Heritage Commission, pursuant to subdivision (c) of section 7050.5 of the Health and Safety Code and the County Coordinator of Indian Affairs. No i further disturbance of the site may be made except as authorized by the County Coordinator ofIndian Affairs in accordance with the provisions of state law and the Health and Safety Code. The Director of Planning and Community Environment shall also be I notified immediately if human skeletal remains are found on the site I during development. -----~ -----..... SOURCE: City of Palo Alto, 901 San Antonio Road Project Final ErR, June 2006. BUILD Project Mitigation Monitoring & Reporting Program Method of Compliance i Oversight of Implementation June 2006 Page 25