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HomeMy WebLinkAboutRESO 9239· Resolution No. 9239 Resolution Of The Council Of The City Of Palo Alto Certifying The Adequacy Of The Final Environmental Impact Report For The Edgewood Plaza Project Pursuant To The California Environmental Quality Act And Adopting The Mitigation Monitoring And Reporting Program The Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. Introduction and Certification. (a) The City Council of the City of Palo Alto ("City Council"), in the exercise of its independent judgment, makes and adopts the following findings to comply with the requirements ofthe California Environmental Quality Act ("CEQA"; Pub. Resources Code, §§ 21000 et seq.), and Sections 15091, 15092, and 15093 of the CEQA Guidelines (14 Cal. Code Regs., § 15000 et seq.). All statements set forth in this Resolution constitute formal findings of the City Council, including the statements set forth in this paragraph. These findings are made relative to the conclusions of the City of Palo Alto Edgewood Plaza Project Final Environmental Impact Report (State Cleari11ghouse No. 2011022030) (the "Final EIR") , which includes the Draft Environmental Impact Report ("Draft EIR"), Public Comments, and Responses to Comments. The Final EIR addresses the environmental impacts of the implementation of the Edgewood Plaza Project (the "Project", as further defined in Section 2(b) below) and is incorporated herein by reference. These findings are based upon the entire record of proceedings for the Project. (b) Mitigation measures associated with the potentially significant impacts of the Project will be implemented through the Mitigation Monitoring and Reporting Program described below, which is the responsibility of the City. (c) The City of Palo Alto is the Lead Agency pursuant to Public Resources Code section 21067 as it has the principal responsibility to approve and regulate the Project. Sand Hill Property Company is the Project applicant. (d) The City exercised its independent judgment in accordance with Public Resources Code section 20182.1(c), in retaining the independent consulting firm David J. Powers & Associates, Inc. ("Powers & Associates") to assist with preparation of the Final EIR under the supervision and at the direction of the City's Director of Planning and Community Environment. (e) The City, with assistance from David J. Powers & Associates, initially prepared the Draft EIR and circulated it for review by responsible and trustee agencies and the public and submitted it to the State Clearinghouse for review and comment by state agencies, for a comment period which ran from September 30, 2011, through November 14, 2011. As noted above, the Final EIR includes the Draft EIR, copies of all comments on the Draft EIR submitted during the comment period, the City's responses to those comments, and changes made to the Draft EIR following its public circulation. 120402 dm 0120533 1 (f) The City's Planning and Transportation Commission has reviewed the Final EIR and a draft of these findings and has provided its recommendations to the City Council regarding certification of the Final EIR. The City Council has independently reviewed the Final EIR and has considered the Planning and Transportation Commission's recommendations in making these findings. (g) Based upon review and consideration of the inforn1ation contained therein, the City Council hereby certifies that the Final EIR was completed in compliance with CEQA, and reflects the City of Palo Alto's independent judgment and analysis. The City Council has considered evidence and arguments presented during consideration of the Project and the Final EIR. In determining whether the Project may have a significant impact on the environn1ent, and in adopting the findings set forth below, the City Council certifies that it has complied with Public Resources Code sections 21081, 21081.5, and 21082.2. (h) Section 6 of the Final EIR and the First Amendment to the Final EIR shows all revisions which the Final EIR made to the Draft EIR. All references to the Draft EIR in these findings include references to all revisions to the Draft EIR made in the Final EIR (as amended). Having reviewed this section and the Final EIR as a whole, the City Council hereby finds, determines, and declares that no significant new information has been added to the Final EIR so as to warrant recirculation of all or a portion of the Draft EIR. Likewise, the City· Council has considered all public comments and other information submitted into the record since publication of the Final EIR, and further finds that none of that additional information constitutes significant new information requiring recirculation of the Final EIR. SECTION 2. Project Information. The following Project information is supplied to provide context for the discussion and findings that follow, but is intended as a summary and not a replacement for the information contained in the Draft EIR, Final EIR, or Project approvals. (a) Project Objectives The Project Objectives of the Project applicant are set forth in Section 2.4 of the Draft EIR, which is incorporated herein by reference. (b) Project Description The proposed Project is the renovation of three existing commercial buildings at the Edgewood Shopping Center containing approximately 38,400 square feet of retail uses, and the redevelopment of the northern portion of the site with ten single-family residences and an approximately 0.20 acre park. The three buildings currently on site are arranged in an L-shaped plan, with the grocery store to the east, and the two one-story retail buildings to the west. The grocery store and the retail buildings are wood-framed with elements of stucco and concrete block, and have flat roofs. One of the existing retail buildings (Building 1) would be relocated to the north and west of its current location on the site to allow for a modified configuration of parking for the grocery store. This building and the other building to remain in place (Building 2) would be renovated 120402 dm 0120533 2 for continued retail use. Building 1 would be disassembled, and significant elements with distinctive design qualities, such as the walls and walkway overhangs would be retained. The building would be reconstructed to the north and west of the current Building 1 location, and visible historic building elements from the existing building would be rehabilitated and installed on a new building structure. The grocery building would remain in place and be renovated to allow for use as a small- scale grocery store. A conceptual site plan ofthe proposed Project is shown on Figure 4. A breakdown ofthe proposed development areas and building square footage are shown in Table 2.3-1. Conceptual elevations of the commercial buildings are shown on Figures 5-10, and conceptual residential elevations are shown on Figure 11. (All references to figures and tables are to those appearing in the Draft ErR, as modified where applicable in the Final ElR.) A complete description of the Project as proposed by the Project applicant is set forth in Section 2.3 of the Draft ErR, as modified in the Final ErR. ( c) Required Approvals The approvals required by the City as lead agency for implementation of the Project include: A. Planned Community Zoning B. Tentative Subdivision Map C. Final Subdivision Map D. Lot Line Adjustments E. Tree Removal Permits SECTION 3. Record of Proceedings. (a) For purposes of CEQ A, CEQA Guidelines section 15091(e), and these findings, the Record of Proceedings for the Project includes, but is not limited to, the following documents: (1) The Final ErR, which consists of the Edgewood Plaza Project Draft Environmental Impact Report, published and circulated for public review and comment by the City from September 30, 2011 through November 14,2011 (the "Draft EIR") , and the Edgewood Plaza Project Final Environmental Impact Report, published and made available on February 17, 2012, a First Amendment to the Final ElR and made available on February 29, 2012 and all appendices, reports, documents, studies, memoranda, maps, testimony, and other materials related thereto; (2) All public notices issued by the City in connection with the Project and the 120402 dm 0120533 3 preparation of the Draft EIR and the Final EIR, including but not limited to public notices for all public workshops held to seek public comments and input on the Project and the Notice of Preparation, Notice of Completion, Notice of Availability; (3) All written and oral communications submitted by agencies or interested members of the general public during the public review period for the Draft EIR, including oral communications made at public hearings or meetings held on the Proj ect approvals; (4) The Mitigation Monitoring and Reporting Program; (5) All findings and resolutions adopted by the City Council in connection with the Project, and all documents cited or referred to therein; (6) All final reports, studies, memoranda, maps, staff reports, or other planning documents relating to the Project prepared by the City of Palo Alto and consultants with respect to the City of Palo Alto's compliance with the requirements of CEQ A, and with respect to the City of Palo Alto's actions on the Project, including all staff reports and attachments to all staff reports for all public meetings held by the City; (7) Minutes and/or verbatim transcripts of all public meetings and/or public hearings held by the City of Palo Alto in connection with the Project; (8) Matters of common knowledge to the City of Palo Alto, including, but not limited to, federal, state, and local laws and regulations; (9) Any documents expressly cited in these findings, in addition to those cited above; and (10) Any other materials required to be in the record of proceedings by Public Resources Code section 21167.6(e). (b) The custodian of the documents comprising the record of proceedings is the Director of Planning and Community Environment, City of Palo Alto, 250 Hamilton Avenue, Palo Alto, California, 94301. ( c) Copies of all of the above-referenced documents, which constitute the record of proceedings upon which the City of Palo Alto's decision on the Project is based, are and have been available upon request at the offices of the Planning and Community Environment Department, City of Palo Alto, 250 Hamilton Avenue, Palo Alto, California, 94301, and other locations in the City of Palo Alto. (d) The City of Palo Alto has relied upon all of the documents, materials, and evidence listed above in reaching its decision on the Project. (e) The City Council hereby finds, determines and declares that the above-referenced documents, materials, and evidence constitute substantial evidence (as that term is defined by 120402 dm 0120533 4 section 15384 of the CEQA Guidelines) to support each ofthe findings contained herein. SECTION 4. Mitigation Monitoring and Reporting Program. (a) CEQA requires the lead agency approving a project to adopt a Mitigation Monitoring and Reporting Program (MMRP) for the changes made to the project that it has adopted in order to mitigate or avoid significant effects on the environment. An MMRP has been prepared and is recommended for adoption by the City Council concurrently with the adoption of these findings to ensure compliance with mitigation measures during Project implementation. As required by Public Resources Code section 21081.6, the MMRP designates responsibility and anticipated timing for the implementation of the mitigation measures recommended in the Final EIR. The MMRP will remain available for public review during the compliance period. (b) The City Council hereby adopts the MMRP for the Project attached hereto and incorporated by reference, and finds, determines, and declares that adoption of the MMRP will ensure enforcement and continued imposition of the mitigation measures recommended in the Final EIR, and set. forth in the MMRP, in order to mitigate or avoid significant impacts on the environment. SECTION 5. Potentially Significant Impacts. By these Findings, the City Council ratifies and adopts the Final EIR' s conclusions for the following significant environmental impacts which, based on the analyses in the Final EIR, this City Council determines will be less than significant after the implementation of the mitigation measures described below. All citations to the Draft EIR chapters and sections below include reference to all revisions to those chapters and sections contained in the Final EIR. Section 3.2.5.3 Historic Resources Impacts in the Draft EIR included summaries of the expert opinion of two qualified historic resources consultants, Page &Turnbull and Carey & Company. The City Council finds the opinion of Page & Turnbull to be valid and agrees with their conclusions regarding the significance of project impacts on historic resources. The significance conclusions for Impact CR-2 and Impact CR-3 below reflect a revision of the impact statements in the Final EIR made available on February 17, 2012, based upon the City Council's independent judgment of the two analyses by experts presented in the EIR. 5.1 Cultural Resources Impact CR-l: Unknown subsurface archeological or paleontological resources could be present on the site, and could be disturbed during Project construction. a) Potential Impact. The impact identified above is described and discussed in Sections 3.2.1 and 3.2.5.2 of the Draft EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as further described in the remainder of these findings: Mitigation Measures CR-1.1 and CR-1.2. 120402 dm 0120533 5 c) Findings. The above-noted mitigation measures will reduce the severity of this potentially significant impact to a less-than-significant level by: (i) requiring that all construction activities be halted within a radius of fifty (50) feet of any potentially significant archeological or paleontological resources encountered during construction; (ii) requiring that such resources be examined by qualified professionals; and (iii) following the recommendation of the qualified professional to preserve, collect, record and/or analyze the resources, thereby ensuring that significant archeological and paleontological resources are not inadvertently destroyed and are appropriately preserved and/or recorded. The above-noted measures will also reduce the severity of this potentially impact to a less-than-significant level by: (i) requiring that all construction activities be halted in the event that any human remains are encountered during construction; (ii) requiring that such remains be examined by the County Coroner to determine whether or not the remains are Native American; (iii) to contact the California Native American Heritage Commission and COlmty Coordinator of Native American Affairs if the remains are determined to be Native American; and (iv) by prohibiting any further disturbance of the site except as authorized by the County Coordinator as provided by state law, thereby ensuring that any Native American remains encountered are not inadvertently destroyed and handled appropriately. Based upon the expert opinion of Page & Turnbull presented in the Draft EIR, the City Council finds that the following impact statement (Impact CR-2) regarding impacts to historic resources reflects its independent judgment. Impact CR-2: The Edgewood Plaza site is considered historically significant under federal, state and City of Palo Alto criteria. Although relocation of Building 1 on the site would alter the site design and characteristics of Edgewood Plaza, this change in spatial relationship would not result in a significant impact to the historic character of the buildings. The physical relocation of Building 1 and renovation of Buildings 1 and 2, however, could result in modifications to the historic design and integrity of the buildings. a) Potential Impact. The impact identified above is described and discussed in Section 3.2.5.3 of the Draft EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as further described in the remainder of these findings: Mitigation Measures CR-2.1, CR-2.2 and CR-2.3. c) Findings. The above-noted mitigation measures will reduce the severity of this potentially significant impact to a less-than-significant level by: (i) documenting the exterior of Buildings 1 and 2 and their settings in accordance with Historic American Buildings Survey Level III docunlentation requirements, as described in greater detail in Section 6 of the Final EIR, and preserving such documentation with the Palo Alto Historic Resources Preservation Officer; (ii) creating a display illustrating the history of the Edgewood Plaza as built by Eichler Homes prior to approval of final occupancy; (iii) requiring that the distinctive and defining architectural features, finishes and construction techniques of Buildings 1 and 2, including windows, frames, and eaves, be retained to the extent feasible during the relocation and reconstruction of Building 1 and the rehabilitation of Building 2, subject to verification by qualified professionals that work on these resources is completed in conformance with applicable 120402 dm 0120533 6 federal standards; and (iv) requiring review and approval of the final design and materials to be used in the renovation of these buildings by the City of Palo Alto Planning and Community Environment Department; thereby ensuring that this Impact is mitigated to a less-than-significant level. While the Draft and Final EIRs conservatively identified this impact as significant and unavoidable based upon conflicting expert opinion, the City Council agrees with the conclusions of the experts, as reflected in the record, that this impact can, in fact, be mitigated. Based upon the expert opinion of Page & Turnbull presented in the Draft EIR, the City Council finds that the following impact statement (Impact CR-3) regarding impacts to historic resources reflects its independent judgment. Impact CR-3: The Edgewood Plaza site is considered historically significant under federal, state and City of Palo Alto criteria. While construction of ten new single-family houses on the site would alter the overall site design and characteristics of Edgewood Plaza, this construction would not result in a significant impact to historic resources. 5.2 Air Quality Impact AQ-l: Construction of the proposed Project could result in temporary air quality impacts associated with dust and particulate matter generation at nearby residential uses. a) Potential Impact. The impact identified above is described and discussed in Section 4.3.2.3 of Appendix C the Draft EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as further described in the remainder ofthese findings: Mitigation Measure AQ-l.l. c) Findings. The above-noted mitigation measures will reduce the severity of this potentially significant impact to a less-than-significant level by requiring the applicant to implement numerous construction practices determined by the Bay Area Air Quality Management District to significantly reduce the adverse air quality effects of construction activities. These practices include watering all exposed surfaces, covering all haul trucks, regularly removing all mud, dirt and debris from public roads, limiting vehicle speeds on the construction site, paving all appropriate surfaces as soon as possible, limiting idling times of construction vehicles and equipment, properly maintaining all construction equipment, and publicly posting contact information for public complaints regarding construction activities, all as described in greater detail in Section 4.3.2.3 of the Appendix C of the Draft EIR. Implementing these measures will minimize the extent to which dust and particulate matter generated by Project construction activities is dispersed to nearby residential uses and other sensitive receptors. 5.3 Biological Resources Impact BIO-l: Excavation during construction of the proposed Project could result in disturbance to active rapt or nests. 120402 elm 0120533 7 a) Potential Impact. The impact identified above is described and discussed in Section 4.4.2.1 of Appendix C of the Draft EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as further described in the remainder of these findings: Mitigation Measure BIO-l.I. c) Findings. The above-noted mitigation measures will reduce the severity of this potentially significant impact to a less-than-significant level by requiring the applicant to implement numerous several measures, pursuant to the requirements of the federal Migratory Bird Treaty Act and the California Department of Fish and Game, designed to reduce adverse effects on raptors and their nests. These measures include having a qualified ornithologist complete pre-construction surveys to identify active nests that might be disturbed by Project activities, postponing all tree removal and pruning activities for trees containing active raptor nests and establishing buffer or exclusion zones around such trees, and monitoring such trees and nests and prohibiting construction activities within the buffer/exclusion zones until the young raptors have fledged from the nests. Implementing these measures will ensure that active raptor nests are not unduly disturbed by construction activities, thereby avoiding and reducing the potential adverse effects of the Project on raptors and their nests to less-than-significant levels. 5.4 Hazardous Materials Impact HAZ-l: construction workers and soil and groundwater. Construction of the proposed Project could expose others to residual hazardous materials contamination III a) Potential Impact. The impact identified above is described and discussed in Section 4.8.3.2 of Appendix C ofthe Draft EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as further described in the remainder of these findings: Mitigation Measures HAZ-1.l, 1.2, 1.3, 1.4 and 1. 5. c) Findings. The above-noted mitigation measures will reduce the severity of this potentially significant impact to a less-than-significant level by: (i) requiring the applicant to prepare and implement a Soil Management Plan, to be reviewed and approved by the City of Palo Alto and in compliance with all applicable federal, state and local regulations and in conformance with applicable industry standards, to govern the handling of contaminated soil and other hazardous materials encountered during Project construction activities; (ii) requiring each contractor working on the site to prepare a health and safety plan that addresses the health and safety hazards that may affect each phase site operations due to potential exposures to hazardous materials, which plan includes requirements and procedures to ensure protection for each contractor's employees, in compliance with all applicable federal, state and local regulations and in conformance with applicable industry standards,; and (iii) requiring soil and groundwater sampling and, if appropriate, soil vapor sampling, from under 2125 st. Francis Drive to ensure 120402 dm 0120533 8 that soil exceeding applicable tetrachloroethene levels (PCE-affected soils) is not present within five (5) feet of the ground surface, requiring removal and disposal of any PCE-affected soils by qualified professionals using appropriate protective gear in accordance with applicable federal, state and local requirements, requiring an excavation base confirmation sample to confirm that sufficient PCE-affected soils have been removed, and requiring that documentation of all PCE- affected soils be provided to the City of Palo Alto and appropriate oversight agencies prior to installation of pavement in the parking lot area; (iv) requiring characterization of all excavated soils prior to off-site disposal or on-site reuse; requiring that contaminated soils be disposed of at a licensed facility in accordance with all applicable local, state and federal regulations; (v) requiring that all excavated soil characterizations, storage, transportation and disposal be in conformance with all applicable federal, state and local procedures and requirements; and (vi) requiring the applicant to prepare a contingency plan prior to the beginning of Project construction to address any previously unknown sumps, hydraulic hoists, or tanks that may be present in the work area. Implementation of these measures will ensure that the risks associated with exposure to contaminated soils and other hazardous materials are reduced to a less-than- significant level. Impact HAZ-2: Renovation and relocation of Project buildings could expose construction workers and sensitive receptors, including the surrounding residential uses, to lead- based paint and/or asbestos-containing materials (ACMs). a) Potential Impact. The impact identified above is described and discussed in Section 4.8.3.2 of Appendix C ofthe Draft ElR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as further described in the remainder of these findings: Mitigation Measures HAZ-2.1, 2.2 and 2.3. c) Findings. The above-noted mitigation measures will reduce the severity of this potentially significant impact to a less-than-significant level by: (i) requiring surveys by qualified professionals of all structures proposed for renovation on the site to determine the presence of asbestos and lead-based paint, prior to commencing any work on such structures; (ii) requiring that a registered asbestos abatement contractor by retained to remove and dispose of all potential friable asbestos-containing materials, in accordance with applicable federal and state laws, regulations, guidelines and requirements, prior to any relocation or renovation activities that may disturb such materials; and (iii) requiring that all building materials containing lead- based paint be removed and disposed of in accordance with applicable federal, state and local standards, which include requirements relating to employee training, air monitoring and dust control. Implementation of these measures will reduce the risks associated with potential exposures to asbestos-containing materials and lead-based paint to less-than-significant levels. 5.5 Hydrology and Water Quality. Impact HYDRO-I: Construction of the proposed residential units on the Project site may expose people or structures to flooding risks. a) Potential Impact. The impact identified above is described and discussed in 120402 dm 0120533 9 Section 4.9.3.1 of Appendix C ofthe Draft EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as further described in the remainder of these findings: Mitigation Measures HYDRO-I. 1 and 1.2. c) Findings. The above-noted mitigation measures will reduce the severity of this potentially significant impact to a less-than-significant level by: (i) requiring that all construction activities on the site comply with the City of Palo Alto Flood Hazard Ordinance, including elevation of habitable spaces above anticipated flood levels; (ii) requiring that all Project plans show the base flood elevations on all applicable elevations, sections, and details, and otherwise comply with all other requirements listed in the Ordinance; and (iii) requiring that all construction activities on the site also comply with all applicable requirements of the Federal Emergency Management Agency for flood hazard areas. Implementation of these measures will ensure that structures on the site are constructed to minimize to the extent feasible risks associated with flooding on the site and that this potentially significant impact is reduced to a less-than-significant level. Impact HYDRO-2: Construction activities could temporarily increase pollutant loads in storm water runoff. a) Potential Impact. The impact identified above is described and discussed in Section 4.9.3.5 of Appendix C ofthe Draft EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as further described in the remainder of these findings: Mitigation Measures HYDRO-2.l and 2.2. c) Findings. The above-noted mitigation measures will reduce the severity of this potentially significant impact to a less-than-significant level by: (i) requiring the implementation of certain erosion and sediment control measures based upon Best Management Practices recommended by the Regional Water Quality Control Board (RWQCB), including installing stormwater inlet protection around all storm drain inlets, watering all exposed surfaces, suspending all dust-producing activities during periods of high winds, covering and watering stockpiles of soil and other materials, covering all haul trucks, regularly sweeping and removing all mud, dirt and debris from all paved access roads, parking areas and staging areas, and replanting all vegetation in disturbed areas as soon as possible, as described in greater detail in Section 4.9.3.5 of the Appendix C of the Draft EIR; (ii) requiring that an erosion and sedimentation control plan be submitted to the City of Palo Alto Public Works Department for review and approval prior to the issuance of any grading or building permits; and (iii) requiring certain post-construction measures based on RWQCB Best Management Practices, including providing roofs on all trash enclosures on site, providing onsite treatment of stormwater runoff from the site prior to discharge to the City of Palo Alto stormwater system, preparing and submitting to the City of Palo Alto Public Works Department an annual post-construction maintenance agreement prior to the Issuance of grading or building permits, requiring 120402 dm 0120533 10 commercial development on the site to implement regular maintenance activities to prevent soil and litter from accumulating on the site, and requiring that landscaping and landscape maintenance on the site employ minimal pesticide use. Implementation of these measures will mitigate the Project's potential impacts relating to pollutant loads in stormwater runoff to less- than-significant levels. 5.6 Noise Impact NOISE-I: Future residential uses on the site could be exposed to noise levels above City of Palo Alto standards for residential uses. a) Potential Impact. The impact identified above is described and discussed in Section 4.12.2.2 of Appendix C ofthe Draft EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as further described in the remainder of these findings: Mitigation Measures NOISE-I. 1, 1.2, 1.3, 1.4 and 1.5. c) Findings. The above-noted mitigation measures will reduce the severity of this potentially significant impact to a less-than-significant level by: (i) requiring that sound-rated windows, doors, and exterior wall assemblies be used in residential buildings; (ii) requiring acoustical test reports of all sound-rated windows and doors, to be reviewed by a qualified professional and compared with traffic noise spectrums, prior to approval; (iii) requiring ventilation or air conditioning systems in all residential units that provide habitable interior environments, so that windows need not be relied upon to provide ventilation; (iv) requiring six (6) foot tall noise barriers in specific locations; (v) requiring that residential mechanical equipment be selected and located to meet the properly line limits in the City of Palo Alto Noise Ordinance, and additional measures such as equipment barriers and enclosures if determined to be necessary by the acoustical test and review described above, all as described in greater detail in Section 4.12.2.2 of Appendix C of the Draft EIR. Implementation of these measures will reduce the severity of potential noise impacts on future residents on the Project site to less-than- significant levels. Impact NOISE-2: Commercial activities on the site could result in significant noise impact at the proposed residential units. a) Potential Impact. The impact identified above is described and discussed in Section 4.12.2.4 of Appendix C of the Draft EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as further described in the remainder of these findings: Mitigation Measures NOISE-2.1 and 2.2. c) Findings. The above-noted mitigation measures will reduce the severity of this potentially significant impact to a less-than-significant level by: (i) requiring that measures be 120402 dm 0120533 11 included in the renovation of the commercial buildings on the site to reduce noise impacts at nearby residences, in conformance with the City of Palo Alto Noise Ordinance, which measures may include installing solid noise barriers along the north and east sides of the loading dock combined with a shed roof, and lining roofs and walls with sound absorbing materials; and (ii) limiting all truck deliveries to the site to daytime hours (7 a.m. to 10 p.m.), communicating to vendors that their drivers will be operating close to residences so that they will limit noise, and providing a full disclosure statement to the owners of residential Lots Nos. 9 and 10 regarding potential truck noise, which statement shall be incorporated into the deeds for these residential properties. Implementation of these measures would reduce the severity of this potential Impact to a less-than-significant level. Impact NOISE-3: Noise from rooftop mechanical equipment for the retail buildings may exceed the noise standards at adjacent residential properties on the Edgewood Plaza site. a) Potential Impact. The impact identified above is described and discussed in Section 4.12.2.4 of Appendix C ofthe Draft EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as further described in the remainder of these findings: Mitigation Measure NOISE-3 .1. c) Findings. The above-noted mitigation measures will reduce the severity of this potentially significant impact to a less-than-significant level by: (i) requiring that mechanical equipment to be installed and used on the Project site be selected, designed and located to minimize noise impacts on adjacent and nearby residential uses; (ii) using solid rooftop screens or noise barriers as determined by a qualified professional to be necessary to meet applicable City of Palo Alto noise standards at the residential property lines; and (iii) providing for review and approval of mechanical equipment plans by the City of Palo Alto Building Department prior to the issuance of building permits; all as described in greater detail in Section 4.12.2.4 of Appendix C of the Draft EIR. Implementation of this mitigation measure will reduce the severity of this Impact to a less-than-significant level. 5.7 Transportation Impact TRANS-1: Project traffic would cause a significant impact at the Wildwood Land-North California Avenue and Embarcadero Road unsignalized intersection. a) Potential Impact. The impact identified above is described and discussed in Section 4.16.2.2 of Appendix C of the Draft EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as further described in the remainder of these findings: Mitigation Measure TRANS-I.l. c) Findings. The above-noted mitigation measures will reduce the severity of this 120402dm0120533 12 potentially significant impact to a less-than-significant level by: (i) restriping Embarcadero Road to create a left turn receiving lane; and (ii) installing a left turn lane receiving area at the Embarcadero RoadiSt. Francis Drive intersection at Wildwood Lane. Installation of these improvements will facilitate left turns and reduce left turn delays, thereby mitigating this Impact to a less-than-significant level. SECTION 6. Findings Regarding Project Alternatives. Public Resources Code section 21002 prohibits a public agency from approving a project if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of the project. When a lead agency finds, even after the adoption of all feasible mitigation measures, that a project will still cause one or more significant environmental effects that cannot be substantially lessened or avoided, it must, prior to approving the project as mitigated, first determine whether there are any project alternatives that are feasible and that would substantially lessen or avoid the project's significant impacts. Under CEQA, "feasibility" includes "desirability" to the extent that it is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors, and an alternative may be deemed by the lead agency to be "infeasible" if it fails to adequately promote the project applicant's and/or the lead agency's primary underlying goals and objectives for the project. Thus, a lead agency may reject an alternative, even if it would avoid or substantially lessen one or more significant environmental effects of the project, if it finds that the alternative's failure to adequately achieve the objectives for the project, or other specific and identifiable considerations, make the alternative infeasible. The City Council certifies that the Final EIR describes a reasonable range of alternatives to the Project, which could feasibly obtain the basic objectives of the Project, and that the City Council has evaluated the comparative merits of the alternatives. As explained in the findings set forth above, the Project will not result in any significant effect on the environment that cannot be mitigated through the mitigation measures which are hereby being adopted and imposed on the Project. Therefore, the Council need not make any additional findings regarding the feasibility of any Project alternative. \\ \\ \\ \\ \\\ \\ \\ \\ \\ 120402 dm 0120533 13