HomeMy WebLinkAboutRESO 9548DocuSign Envelope ID: DA4017 44-CCB8-4DC1-BC46-5715C093D31 D
Resolution No 9548
Resolution of the Council of the City of Palo Alto Certifying the Adequacy of the
Final Environmental Impact Report for the Recycled Water Project Pursuant to
the California Environmental Quality Act and Adopting the Mitigation Monitoring ·
and Reporting Program
The Council of the City of Palo Alto RESOLVES 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 of the 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 Recycled Water Project Final Environmental
Impact Report (State Clearinghouse No. 2011062037) (the "Final EIR"), which consists of the
Draft Environmental Impact Report ("Draft EIR") and the Response to Comments ("RTC"). The
Final EIR addresses the environmental impacts ofthe implementation of the Recycled Water
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.
{d) The City exercised its independent judgment in accordance with Public
·Resources Code section 20182.1(c), in retaining the independent consulting firm RMC Water
and Environment ("RMC") to prepare the Final EIR, and RMC prepared the Final EIR under the
supervision and at the direction of the Public Works Department's Watershed Protection
Manager.
(e) The City, through RMC, 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 April 20, 2015
through June 4, 2015. Two public meetings were held during the 45-day public comment
period, on May 19, 2015 and May 21, 2015.
(f) Public comments were received during public comment period, including nine
letters. RMC prepared a Response to Comments document which responded to the comments
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received on the Draft EIR.
(f) The City's Public Works Department 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 Public Works Department's recommendations in making these findings.
(g) Based upon review and consideration of the information 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 environment, 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) Chapter 7 in the Responses to Comments document (of the Finai EIR) shows all
revisions that 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. 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 are set forth in Section 1.4.2 of the Draft EIR, which is
incorporated herein by reference.
(b) Project Description
The proposed Project is the expansion of Palo Alto Regional Water Quality Control Plant
(RWQCP)'s regional recycled water system to serve areas in the City. The Water Reuse Program
currently serves parts of the City of Palo Alto and Mountain View. This expansion would serve
recycled water throughout the RWQCP's service area. Initially, the project would deliver
approximately 900 acre feet per year of recycled water primarily to the Stanford Research Park
Area and other South Palo Alto areas including Alta Mesa Memorial Park. The primary use of
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recycled water for this project would be landscape irrigation. The proposed project would
involve installation and operation of approximately 10 miles of backbone and lateral pipelines,
two pump stations (one at the RWQCP and one along the pipeline), and 0.3 miles of connection
pipelines to connect to the RWQCP and the existing Mountain View recycled water pipeline.
An aerial view of the proposed pipeline corridor and the proposed pump stations is
shown in Figure 2-1. A breakdown of the proposed backbone pipeline alignment is shown in
Table 2-1. The proposed booster pump station site at Mayfield Soccer Fields is shown in Figure
2-5 while the proposed pump station site at the RWQCP is shown in Figure 2-6. (All references
to figures and table are to those appearing in the Draft EIR)
A complete description of the Project as proposed by the Project applicant is set forth
in Section 2.3 of the Draft EIR, as modified in the Final EIR.
(c) Required Approvals
The approvals required by the City as lead agency for implementation of the Project
include:
A. Modification of the City's Long Range Facilities Plan for the Regional Wastewater
Control Plant
B. Architectural Review
C. Site and Design Review
D. Conditional use permit
E. Tree Removal Permits
F. Encroachment and Street Work Permit
G. Exceptional waste discharge permit
H. Recycled Water Permit for Customers
SECTION 3. Record of Proceedings
(a) For purposes of CEQA, 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 EIR, which consists of the Recycled Water Project Draft EIR, published
and circulated for public review and comment by the City from April 20 through
June 4, 2015, the Response to Comments document, and all appendices, reports,
documents, studies, memoranda, maps, testimony, and other materials related
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thereto;
(2) All public notices issued by the City in connection with the Project and the
preparation of the Draft EIR and the Final EIR, including but not limited to public
notices for all public meetings held to seek public comments and input on the
Project and the Notice of Preparation, N9tice of Completion, and 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
Project 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 CEQA, 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, 250 Hamilton Avenue, 5th Floor, 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 City of Palo Alto offices at 250 Hamilton Avenue, 5th Floor,
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Palo Alto, California, 94301, and online on the Project's website at
http :1/www. cityofpa loa Ito .o rg/gov I depts/ utl/residents/resou rces/
water resources/recycled water.asp.
(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 abov~-
referenced documents, materials, and evidence constitute substantial evidence (as that term is
defined by section 15384 of the CEQA Guidelines) to support each of the 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 standard project requirements
incorporated as part of the project and 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 as
Exhibit A and incorporated by reference, and finds, determines, and declares that the 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. Significant Impacts Reduced to Less than Significant
The Draft EIR and the Final EIR identified a number of significant and potentially
significant environmental impacts that the Project will cause or contribute to. All of these
significant effects can be fully addressed and reduced to less than significant through the
adoption and implementation of standard project requirements incorporated as part of the
Project and feasible mitigation measures. Those impacts, along with the standard project
requirements and mitigation measures to reduce them to less than significant, are listed below
as referenced in the Final EIR.
3.1 Hydrology and Water Quality
Impact HYD-1: Potential violation of water quality standards and/or waste discharge
requirements or otherwise substantially degrade water quality. Less than significant with
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Standard Project Requirements and Mitigation.
a) Potential Impact. The impact identified above is described and discussed in
Section 3.1.3 of the Draft EIR.
b) Mitigation Measures. No mitigation measures are required. The following
standard project requirements will be adopted and will be implemented as provided in the
MMRP, and as further described in the remainder of these findings:
Standard Project Requirements
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Best Management Practices-Storm Water Quality: The City shall require
contractors to file a Notice of Intent with the Regional Water Quality Control
Board (RWQCB) indicating compliance with the National Pollutant Discharge
Elimination System (NPDES) General Permit for Discharges of Storm Water
Runoff Associated with Construction Activity (General Permit) and to prepare
and implement a Stormwater Pollution Prevention Plan (SWPPP) outlining
BMPs for construction/post-construction activities as specified by the City of
Palo Alto's Pollution Prevention plan sheet, the California Stormwater Best
Management Practices Handbook and/or the Association of Bay Area
Governments' Manual of Standards for Erosion and Sediment Control
Measures. The BMPs include measures guiding the management and
operation of construction sites to control and minimize the potential
contribution of pollutants to stormwater runoff from these areas. These
measures address procedures for controlling erosion and sedimentation, and
managing all aspects of the construction process to ensure control of
potential water pollution sources. Erosion and sedimentation control
practices typically include:
• Installation of silt fencing and/or straw wattle;
• Soil stabilization;
• Revegetation of graded and fill areas with a standard erosion control
. mix (approved by a native habitat restorationist);
• Runoff control to limit increases in sediment in stormwater runoff
(e.g., straw bales, silt fences, drainage swales, geofabrics, check dams,
and sand bag dikes);
• Performing equipment maintenance at least 100 feet from all water
bodies and wetlands, with measures in place to contain spills of diesel
fuel, gasoline, or other petroleum products.
• Directing drainage from all work sites away from any water bodies or
wetlands where feasible;
• Preventing erosion of uplands and sedimentation of creeks,
tributaries, and ponds;
• Minimizing creek bank instability;
• Preventing flooding; and
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• Returning grades to preconstruction contours.
A SWPPP that complies with the statewide General Permit shall be
developed and implemented to protect water quality of the creeks that lie in
the study area. Appropriate erosion and sediment control and non-sediment
pollution control (i.e., sources of pollution generated by construction
equipment and material) BMPs shall be prescribed in the SWPPP, and
erosion and sediment control material included in the SWPPP shall be
certified as weed free. Dewatering operations are covered under the
General Construction Permit as an authorized non-stormwater discharge.
The discharge from dewatering operations would be evaluated and made
part of the Project SWPPP. In addition, the Project shall comply with RWQCB
regulations and standards to maintain and improve the quality of both
surface water and groundwater resources.
Frac-Out Plan: Prior to constructing underground crossings of creeks or
channels, a Frac-out Contingency Plan shall be developed. At minimum, the
plan shall prescribe the measures to ensure protection of water quality and
related biological resources (e.g., aquatic resources, and special-status plants
and wildlife) including:
• Procedures to minimize the potential for a frac-out associated with
horizontal directional drilling;
• Procedures for timely detection of frac-outs;
• Procedures for timely response and remediation in the event a frac-
out; and
• Monitoring of drilling and frac-out response activities by a qualified
biologist.
Discharge of Exceptional Wastewater: Hydrostatic test water and water
collected from dewatering activities (including contaminated water) are
discharged to the sanitary sewer with an Exceptional Waste Discharge Permit
from RWQCP. The permit requires chemical constituents to be sampled and
identifies limits for these constituents. To minimize impacts to water quality,
the City shall obtain an Exceptional Wastewater Permit prior to discharge of
such waters into the sanitary sewer.
c) Finding. Impacts to water quality during construction would be potentially
significant, but with implementation of standard project requirements, including the
development and implementation of a SWPPP and best management practices, a frac-out plan
for trench less construction across creeks, and compliance with an Exceptional Waste Discharge
Permit, potential impacts would be reduced to less than significant.
d) Remaining Impact. Standard project requirements specified above would reduce
all potential impacts to less than significant. No residual impacts would remain.
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Impact HVD-2: Potential to substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a stream or river, in a manner which
would result in substantial erosion or siltation on-or off-site. Less than Significant with
Standard Project Requirements and Mitigation.
a) Potential Impact. The impact identified above is described and discussed in
Section 3.1.3 of the Draft EIR.
b) Mitigation Measures. No mitigation measures are required. The standard
project requirements specified under Impact HVD-1 will be adopted and will be implemented as
provided in the MMRP, and as further described in the remainder of these findings.
c) Finding. Construction-related erosion and siltation could generate potentially
significant, but with implementation of standard project requirements specified for HVD-1
above, including the development and implementation of a SWPPP and best management
practices, a frac-out plan for trench less construction across creeks, and compliance with an
Exceptional Waste Discharge Permit, potential impacts would be reduced to less than
significant.
d) Remaining Impact. Standard project requirements specified above would reduce
all potential impacts to less than significant. No residual impacts would remain.
' Impact HVD-3: Potential to result in the substantial decline in health of the redwood
trees and other salt-sensitive plant species. Less than Significant with Mitigation Measures.
a) Potential Impact. The impact identified above is described and discussed in
Section 3.1.3 of the Draft EIR.
b) Mitigation Measures. The following mitigation measures will be adopted and
will be implemented as provided in the MMRP, and as further described in the remainder of
these findings:
HVD-3a
(
HVD-3b
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Source Control of Saline Groundwater: The City shall continue to line and
repair existing sewers to minimize saline groundwater infiltration.
Monitoring: The City shall immediately begin monthly monitoring of the
salinity (and related constituents) of the recycled water and shall report the
rolling 12-month average for comparison to the Palo Alto City Council goal of
600 mg/1 TDS. Monthly electronic reporting to those requesting it will be
performed for two years, and then the frequency will be re-evaluated. The
City shall monitor soil salinity and SAR through semi-annual soil analyses,
preferably taken early and late in the irrigation season (approximately April
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HYD-3c
HYD-3d
and October).
Site Management: If at a particular site receiving recycled water, monitoring
identifies an increase in soil salinity and SAR over historical levels, the City in
cooperation with the owner of that site shall conduct a site-specific
evaluation. That evaluation would consider {1) the extent to which the site
contains protected trees (including redwood trees and oaks) that might be
impacted by soil salinity, {2) the extent to which the elevated salinity is at a
level that poses a threat to such protected trees, and {3) the extent to which
the elevated salinity is the result of the use of the City's recycled water. If a
threat is found, the City shall work cooperatively with the site owner to
develop a site-specific mitigation plan, including the site owner's
implementation of best management practices which are described below:
• To avoid plant damage to salt sensitive landscape plants, site owners
can implement a leaching program to maintain soil salinity within the
root zone below 2.0 dS/m1 and SAR below 6.0. For moderately salt-
tolerant plants, maintain soil salinity below 4.0 dS/m. Where subsoils
do not drain adequately, installation of subsurface drainage systems
may be needed. Rainfall will satisfy a portion of the leaching
requirement, depending on the rate, volume, and distribution
through the season. The frequency with which leaching applications
should be made depends on several variables, and is typically
triggered by approaching soil salinity thr~sholds defined above.
• Site owners can apply gypsum prior to leaching when indicated by soil
analysis. Gypsum is a soil amendment that, when combined with
leaching, helps lower soil sodium concentrations. Gypsum application
can be considered when soil analyses reveal one or more of the
following conditions: SAR exceeds 6.0, SAR increases 2 units or more
(e.g., 2.3 to 4.3), and/or sodium concentration exceeds 5 meq/1 {115
mg/l). The amount of gypsum needed and the frequency of
application depend on site-specific soil and water characteristics, and
can be determined by laboratory analysis.
Other Options to Protect Salt-Sensitive Plants. In the event that monitoring
results (see Mitigation Measure HYD-3b) show that optimal concentrations
of TDS and related parameters will not be achieved prior to operation of the
Project (i.e., recycled water application), the City will evaluate and
implement one or more of the following actions to reduce TDS levels:
1 ds/m is decisiemen/meter. A dS/m is a measure of electrical conductivity, and
approximates to 640 mg/L TDS.
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• Utilize its existing Recycled Water Ordinance exemption process (Palo
Alto Municipal Code 16.12.050) to exempt redwood trees (and/or
other salt sensitive species) from the use of recycled water;
• Blend Recycled Water and other lower salinity water prior to
application; and/or
• Treat recycled water to reduce TDS prior to application, or·shortly
thereafter (the City is initiating an investigation of the feasibility of
Reverse or Forward Osmosis treatment of its recycled water,
combined with blending of appropriate water).
c) Finding. As described in the Draft EIR, these measures are part of a larger vision
to ensure that salinity hazard is eliminated and recycled water quality is safely used on
landscapes. The measures involve the City continuing to line and repair existing sewers to
minimize saline groundwater infiltration, concurrent monitoring by the City to track success,
concurrent best management practices by site owners as needed, and if deemed necessary (in
the event the salinity hazard has not been eliminated), other actions to be implemented by the
City. Mitigation Measures HYD-3b, HYD-3c, and HYD-3d have been revised in the Final EIR for
clarification purposes. Specifically, Mitigation Measure HYD-3b has been revised to increase the
initial frequency of salinity monitoring and to provide for reevaluation of the monitoring
schedule after two years of monitoring. Mitigation Measure HYD-3c has been revised to
identify timing of when a site-specific evaluation would be needed. Mitigation Measure HYD-3c
has been revised to clarify the procedures that would be implemented if salinity reduction does
not achieve optimal recycled water quality before the start of project operations. The
implementation of HYD-3a, HYD-3b, HYD-3c, and/or HYD-3d would ensure that the project
would not result in the substantial decline in health of redwood trees and other salt-sensitive
plant species and would mitigate potential impacts to a less-than-significant.
d) Remaining Impact. Mitigation Measures HYD-3a, HYD-3b, HYD-3c, and HYD-3d
would reduce all potential impacts to less than significant. No residual impacts would remain.
3.2 Aesthetics
Impact AES-1: The Proposed Project could result in substantial degradation of the
existing visual character or quality of the site and its surroundings or on a public view or view
corridor. Less than significant with Standard Project Requirements and Mitigation Measures.
a) Potential Impact. The impact identified above is described and discussed in
Section 3.2.3 of the Draft EIR.
b) Mitigation Measures. The standard project requirements and mitigation
measures will be adopted and will be implemented as provided in the MMRP, and as further
described in the remainder of these findings.
Standard Project Requirement
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AES-1
HYD-3a ·
HYD-3b
HYD-3c
HYD-3d
c)
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Compliance with the Tree Technical Manual: The City of Palo Alto Tree
Technical Manual (Dockter 2001) is a separately published document issued
by the City Manager, through the Departments of Planning and Community
Environment and Public Works to establish specific technical regulations,
standards and specifications necessary to implement the Tree Ordinance
(Chapter 8.10, Tree Preservation and Management Regulations), and to
achieve the City's tree preservation goals and natural resource conservation
goals.
Section 2.00 specifically addresses the protection of trees during
construction; its objective is to reduce the negative impacts of construction
on trees to a less than significant level.
Construction projects within the tree protection zone (TPZ) of Regulated
Trees are required to implement protective practices prior to and during
construction. The City would be required to retain a certified arborist to
prepare a Tree Protection and Preservation Plan if any activity is within the
dripline of a Protected or Designated Tree. The Plan must include an
assessment of impacts to trees, recommended mitigation to reduce impacts
to a less than significant level, and identification of construction guidelines to
be followed through all phases of a construction project.
Section 3.00 of the Tree Technical Manual outlines requirements associated
with the removal and replacement of regulated trees. The standards and
·specifications for replacements of trees are dependent on the location where
a Protected or Designated Tree would be replaced. If a tree is to be replaced
on site, the replacement tree must be the same species unless the Director
determines that another species would be more suitable for the location.
The location of the replacement tree on site must be approved by the
Director. If it is not possible to replace the tree on site, funding for the
replacement of trees is calculated using a Tree Value Replacement Standard.
The funding is then applied for planting of trees elsewhere.
Restoration to Pre-construction Conditions: The City shall require its
contractors to restore disturbed areas to their pre·-construction conditions,
to the extent consistent with pipeline operations, so that short-term
construction disturbance does not result in long-term visual impacts.
See above under Impact HYD-3
See above under Impact HYD-3
See above under Impact HYD-3
See above under Impact HYD-3
Finding. Compliance with standard project requirements (Tree Technical
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Manual) would ensure that protected trees would remain on the Project site and any
designated trees removed would be replaced according to the Tree Canopy Replacement
Formula, Tree Technical Manual, Section 3.30, to ensure minimal effects on the visual quality of
affected site. The implementation of Mitigation Measure AES-1 would ensure that project sites
are restored to preconstruction conditions or re-vegetated upon completion of work activities
to ensure that short-term construction-related impacts would not become long-term aesthetic
problems. Implementation of HYD-3a, HYD-3b, HYD-3c, and/or HYD-3d would ensure that the
project would not result in the substantial decline in health of redwood trees and other salt-
sensitive plant species, and as such substantial degradation of the existing visual character or
quality of the site and its surroundings or on a public view or view corridor would not occur.
Thus, with implementation of both the standard project requirement and mitigation measures,
the project would mitigate potential aesthetic impacts to a less-than-significant.
d) Remaining Impact. Standard project requirement and mitigation measures
specified above would reduce all potential impacts to less than significant. No residual impacts
would remain.
3.3 Air Quality
Impact b: Violate air quality standards or contribute substantially to an existing or
projected air quality violation indicated by the following:
• Direct and/or indirect operational emissions that exceed the Bay Area Air Quality
Management District (BAAQMD) criteria air pollutants
• Contribute to carbon monoxide (CO) concentrations exceeding the State
Ambient Air Quality Standard.
Impact c: Result in a cumulatively considerable net increase of any criteria pollutant for
which the project region is non-attainment under an applicable federal or state ambient air
quality standard (including releasing emissions which exceed quantitative thresholds for ozone
precursors).
a) Potential Impact. The impacts identified above are described and discussed in
Section E.2 of the Draft EIR (Appendix E).
b) Mitigation Measures. The following standard project requirement and
mitigation measure will be adopted and will be implemented as provided in the MMRP, and as
further described in the remainder of these findings:
Standard Project Requirement
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BAAQMD Dust Control Measures: The following basic construction measures
are identified by BAAQMD and shall be incorporated into contract
specifications and implemented by the contractor:
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day;
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• All haul trucks transporting soils, sand, or other loose material off-site shall
be covered;
• All visible mud or dirt track-out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of
dry power sweeping is prohibited;.
• All vehicle speeds on unpaved roads shall be limited to 15 mph;
• All roadways, driveways, and sidewalks to be paved shall be. completed as
soon as possible. Building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used;
• Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of
California Code of Regulations). Clear signage shall be provided for
construction workers at all access points;
• All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be
checked by a certified visible emissions evaluator; and
• Post a publicly visible sign with telephone number and person to
contact at the lead agency regarding dust complaints. This person
shall respond and take corrective action within 48 hours. The Air
District's phone number shall also be visible to ensure compliance
with applicable regulations.
The following additional construction mitigation measures identified by
BAAQMD shall be incorporated into contract specifications and
implemented by the contractor, to supplement the proposed standard
project requirement.
• All exposed surfaces shall be watered at a frequency adequate to maintain
minimum soil moisture of 12 percent. Moisture content can be verified by
lab samples or moisture probe.
• All excavation, grading, and/or demolition activities shall be suspended
when average wind speeds exceed 20 mph.
• Wind breaks (e.g., trees, fences) shall be installed on the windward side(s)
of actively disturbed areas of construction. Wind breaks should have at
maximum 50 percent air porosity.
• Vegetative ground cover (e.g., fast-germinating native grass seed) shall be
planted in disturbed areas as soon as possible and watered appropriately
until vegetation is established.
• The simultaneous occurrence of excavation, grading, and ground-disturbing
construction activities on the same area at any one time shall be limited.
Activities shall be phased to reduce the amount of disturbed surfaces at any
one time.
• All trucks and equipment, including their tires, shall be washed off prior to
leaving the site.
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AIR-1
• Site accesses to a distance of 100 feet from the paved road shall be treated
with a 6 to 12 inch compacted layer of wood chips, mulch or gravel.
• Sandbags or other erosion control measures shall be installed to prevent silt
runoff to public roadways from sites with a slope greater than one percent.
• Idling time of diesel powered construCtion equipment shall be minimized to
two minutes.
• The project shall develop a plan demonstrating that off-road equipment
(more than 50 horsepower) to be used in the construction project (i.e.,
owned, leased, and subcontractor vehicles) would achieve a project wide
fleet-average 20 percent NOx reduction and 45 percent PM reduction
compared to the most recent ARB fleet average. Acceptable options for
reducing emissions include the use of late model engines, low-emission
diesel products, alternative fuels, engine retrofit technology, after-
treatment products, add-on devices such as particulate filters, and/or other
options as such become available.
• Use low VOC (i.e., ROG) coatings beyond the local requirements (i.e.,
Regulation 8, Rule 3: Architectural Coatings).
• All construction equipment, diesel trucks and generators shall be equipped
with Best Available Control Technology for emission reductions of NOx and
PM.
• All contractors shall use equipment that meets CARB's most recent
certification standard for off-road heavy duty diesel engines.
Two Crew Construction of Proposed Pipeline (using open trench
construction technique) and Pump Station Restrictions: To ensure NOx
emissions do not exceed the BAAQMD threshold, the City shall either:
• Incorporate into contract specifications the requirement for
contractors to limit open trench construction of the proposed
. pipeline to one crew (rather than two crews) and sequence the pump
station construction so that it would be constructed one at a time,
not concurrent with any other activity; or
• Upon refinement of the construction details and assumptions for
equipment use, dimensions of the trenches, rate of construction,
backfill volume, the City shall rerun the air quality model analysis to
confirm whether simultaneous construction of the proposed pipeline
or pump stations would result in exceedance of BAAAMD NOx
emissions thresholds. If NOx thresholds is exceeded, then the City
shall implemented item 1 above. If NOx thresholds is not exceeded,
then the City would be able to proceed with concurrent construction
of two pipelines (using open trench construction) I two pump stat.ions
accordingly.
c) Finding. Standard project requirement (dust control) has been incorporated into
the project to substantially lessen the dust generated by the Project. Mitigation Measure AIR-1
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will ensure that NOx emissions do not exceed the BAAQMD threshold either by refining the
design and rerunning the air quality modeling to confirm that concurrent construction by two
crews would not result in an exceedance of BAAQMD threshold for NOx or by limiting
construction to one crew at a time. The standard project requirement and mitigation measure
would mitigate the impact to less than significant.
d) Remaining Impact. The standard project requirement and mitigation measure
specified above would reduce all potential impacts to less than significant. No residual impacts
would remain.
3.4 Biological Resources
Impact a: Have a substantial adverse effect, either directly or through habitat
modifications, on any species identified as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the California Department of Fish and
Game or U.S. Fish and Wildlife Service.
Impact d: Conflict with any local policies or ordinances protecting biological resources,
such as a tree preservation policy or as defined by the City of Palo Alto's Tree Preservation
Ordinance (MuniCipal Code Section 8.10).
a) Potential Impact. The impacts identified above are described and discussed in
Section E.3 of the Draft EIR (Appendix E).
b) Mitigation Measures. The following standard project requirements and
mitigation measures will be adopted and will be implemented as provided in the MMRP, and as
further described in the remainder of these findings:
Standard Project Requirements
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Health and Safety and Hazardous Materials Management and Spill
Prevention Control Plans: The City shall require the contractor to prepare a
Health and Safety Plan and Hazardous Materials Management and Spill
Prevention and Control Plan prior to commencement of construction that
includes a project-specific contingency plan for hazardous materials and
waste operations. The Health and Safety Plan shall be applicable to all
construction activities, and shall establish policies and procedures according
to federal and California Occupational Safety and Health Administration
(OSHA) regulations for hazardous materials Health and Safety Plans, and the
City of Palo Alto's Pollution Prevention plan sheet.
Elements of the plan shall include, but not be limited to, the following:
• Discussion of hazardous materials management, including delineation
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BI0-1
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of hazardous material storage areas, access and egress routes,
waterways, emergency assembly areas, and temporary hazardous
waste storage areas;
• Notification and documentation of procedures; and
• Spill control and countermeasures, including employee spill
prevention/response training.
Best Management Practices-Stormwater Quality (see Impact HYD-1 above)
Compliance with the Tree Technical Manual (see Impact AES-1 above)
Protection of Sensitive Habitats and Jurisdictional Features: The Proposed
Project has been designed to avoid impacts to sensitive habitats, including
jurisdictional wetlands and waters. However, indirect impacts to
jurisdictional waters could occur as a result of the Proposed Project. The
following general measures will be implemented during the construction and
operation of the Proposed Project to minimize indirect impacts to sensitive
habitats and jurisdictional features:
• All construction equipment will use identified staging areas and
access roads located in upland areas. When accessing work sites,
travel and parking of vehicles and equipment will be limited to
pavement, existing roads, and previously disturbed areas (except
where overland travel is required). Construction workers will not be
allowed to enter sensitive areas that have been fenced or staked.
• Ground disturbance and vegetation removal will not exceed the
minimum amount necessary to complete work at the site.
• The following BMPs shall be incorporated into the SWPPP as
protective measures to address wind-or water-related erosion:
o No discharge of pollutants from vehicle and equipment
cleaning will be allowed into storm drains, wetlands, or water
courses.
o No vehicles may be refueled within 100 feet of wetlands,
streams, or other waterways. Vehicles operating adjacent to
wetlands and waterways must be inspected and maintained
daily to prevent leaks.
o Waste facilities will be maintained. Waste facilities include
concrete wash-out facilities, portable toilets, and hydraulic
fluid containers. Waste will be removed to a proper disposal
site.
• After construction is completed, a final cleanup will include removal
of all stakes, temporary fencing; flagging, and other refuse generated
by construction.
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810-2
810-3
810-4
BIO-S
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Protection of CRLF: Construction activities associated with the creek crossing
(Matadero Creek near Deer Creek Road) will be limited to the dry season
(generally April15 to October 15) to the extent feasible.
Employee Education Program (required for CRLF, BUOW, and CCR if
preconstruction surveys determined they are present). An employee
education program will be conducted by a qualified biologist, consisting of a
brief presentation to explain special-status species concerns to contractors,
their employees, and any other personnel involved in the project. The
program will include the following: a description of relevant special-status
species and their habitat needs as they pertain to the project; a report of the
occurrence of these species in the project vicinity, as applicable; an
explanation of the status of these species and their protection under the
MBTA, California Fish and Game Code, and other statutes; and, a list of
measures being taken to reduce potential impacts to natural resources
during project construction and implementation. A fact sheet conveying this
information will be prepared for distribution to the above-mentioned people
and anyone else who may enter the project area. Upon completion of
training, employees will sign a form stating that they attended the training
and understand all of the conservation and protection measures.
Construction crews will be informed during the education program meeting
that, to the extent possible, travel within the marked project area will be
restricted to established roadbeds.
Monitoring During Construction. A qualified biologist will be retained to
monitor construction activities associated with the creek crossing (Matadero
Creek near Deer Creek Road). The biologist will have expertise with CRLF
biology and ecology. The biologist will have the authority to halt work if a
special-status species is observed.
General Measures to Reduce Impacts to Wildlife Species. The following
shall be relevant to the following species: California red-legged frog,
burrowing owl, and the California Clapper Rail.
• All excavations left open overnight will either be covered to prevent
wildlife from becoming entrapped or will include escape ramps. In
addition, excavations must be inspected for wildlife at the start of
each workday and prior to back filling. The USFWS and/or CDFW will
be contacted prior to removing or relocating any special-status
wildlife within the excavation.
• Food items may attract wildlife into construction areas, which would
expose them to construction-related hazards. The construction areas
will be maintained in a clean condition. All trash (e.g., food scraps,
cans, bottles, containers; wrappers, cigarette butts, and other
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BI0-6
BI0-7
BI0-8
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discarded items) will be placed in closed containers and properly
disposed of.
• If an animal is found at a work site and is believed to be a protected
species, work must be halted until the animal leaves of its own accord
or the USFWS and/or CDFW is consulted to relocate the species. Care
shall be taken not to harm the species. No wildlife or plant species
will be handled and/or removed from the site by anyone except
approved biologists.
Burrowing Owl Pre-Construction Surveys. Pre-construction BUOW surveys
will be conducted in suitable habitat for BUOW (i.e., in pastureland habitat
between Deer Creek Road and Hillview Avenue and in the vicinity of the
RWQCP) in accordance with the recommendations and guidelines provided
in the Staff Report on Burrowing Owl Mitigation (Department of Fish and
Game, March 2012). If no BUOW or BUOW sign is observed no further action
will be required. If BUOW or BUOW sign is observed then no disturbance will
occur within 160 feet of occupied burrows during the non-breeding season
(September 1 through January 31) or within 250 feet during the breeding
season (February 1 through August 31). A qualified biologist will be p_resent
in these locations to monitor construction and ensure the BUOW is not
disturbed.
Buffer for California Clapper Rail or Survey. Construction activities within
500 feet of the marshland habitat surrounding the RWQCP will be conducted
outside the breeding season for CCR (i.e., September 1 through January 31).
If this is not feasible, a qualified biologist will conduct protocol-level surveys
for CCR in accordance with the California Clapper Rail Draft Survey Protocol
(USFWS 2000). A qualified biologist is an individual who has experience
conducting protocol-level surveys for CCR. Prior to commencement of the
surveys, the biologist will prepare a brief letter report describing the survey
design and submit it to the USFWS and the CDFW for review and approval.
Upon the completion of the surveys, results will be submitted to the USFWS
and CDFW for a final decision on the possibility of doing work during the
breeding season for CCR.
Measure to Protect Nesting Birds. If equipment staging, site preparation,
grading, excavation, or other project-related construction activities are
scheduled to occur during the avian nesting season (generally February 1 to
September 1), a focused survey for active nests will be conducted by a
qualified biologists within 15 days prior to the beginning of project-related
activities. Surveys will be conducted in all suitable habitat located at project
work sites, and in staging or storage areas. Surveys will be conducted at the
appropriate times of day (e.g., dawn or dusk), and during the appropriate
nesting times and will concentrate on areas of suitable habitat. If a lapse in
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BI0-9
BI0-10
project-related activities of 15 days or longer occurs, another focused survey
will be conducted. If no active nests are found, then no further mitigation is
required. If an active nest is found within the surveyed areas, an appropriate
exclusion buffer will be established by a qualified biologist and the exclusion
buffer will be maintained until the young have fledged or will no longer be
impacted by the project. A qualified biologist will be present to monitor
construction activities in the vicinity of the nest and ensure the nesting
species is not disturbed. If a species appears disturbed by construction
activities (as determined by a qualified biologist) work will be halted and the
USFWS and/or CDFW will be consulted. Project activities will not resume
without approval from the USFWS and/or CDFW.
Bat Preconstruction Surveys. Preconstruction day and night-roost surveys
will be conducted to avoid impacts to bats. The survey will be conducted by a
qualified bat biologist following the protocol in the Bats and Bridges
Technical Bulletin (Erickson et al. 2003) to determine if bats are using the
bridges as a roost site. If a roost is observed, the CDFW and/or USFWS will
be consulted and additional mitigation measures will be implemented.
Example measures include working during the daytime if night roosts are
present, no clearing or grubbing adjacent to the roost, no work within 100
feet of the roost, no lighting near the roost where it could shine on the roost
structure.
Bat Breeding Season Surveys. Construction activities near the Adobe Creek
crossing near Middlefield Road, the Barron Creek crossing near Cowper
Street, and the Matadero Creek crossing near Cowper Street will be
scheduled to avoid the bat breeding season (April through August) to the
extent feasible. If work in these locations is required in the breeding season,
a survey for bats will be conducted. The survey will be conducted by a
qualified bat biologist following the protocol in the Bats and Bridges
Technical Bulletin (Erickson et al. 2003) to determine if bats are using the
bridges as a roost site. If a roost is observed, the CDFW and/or USFWS will
be consulted and additional mitigation measures will be implemented.
Example measures include excluding bats from directly affected work areas
or replacing the roost location.
c) Finding. Mitigation Measure BI0~1 mandates that general measures be
implemented to protect sensitive habitats and jurisdictional features. Mitigation Measure BI0-2
limits creek crossing construction to the dry season. Mitigation Measure BI0-3 mandates an
employee education program to discuss protection measures. Mitigation Measure BI0-4
includes retaining a qualified biologist who will have authority to halt work to monitor
construction activities associated with creek crossing. Mitigation Measure BIO-S includes
general measures to reduce impacts to the California red-legged frog, burrowing owl, and the
California Clapper Rail. Mitigation Measure BI0-6 includes conducting pre-constructiqn surveys
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for Burrowing Owls and, if signs are present, limiting disturbance and retaining a biologist to be
present to ensure Burrowing Owls are not disturbed. Mitigation Measure BI0-7 includes
measures to protect the California Clapper Rail and its habitat. Mitigation Measure BI0-8
includes measures to protect nesting birds, including conducting nesting surveys prior to
construction and retaining a biologist to monitor activities and ensure nesting species are not
disturbed. Mitigation Measure BI0-9 includes measures to protect bats including conducting
roosting surveys prior to construction and working with the CDFW and/or USFWS to determine
additional mitigation measures if roosts are found. Mitigation Measure BI0-10 includes
measures to protect bats during breeding season, including conducting surveys near specific
locations if work in these locations is required during breeding season and working with the
CDFW and/or USFWS to determine additional mitigation measures if roosts are found.
Combined, the standard project requirements and the mitigation measures reduce impacts to
biological resources to less than significant.
d) Remaining Impact. Standard project requirements and mitigation measures
specified above would reduce all potential impacts to less than significant. No residual impacts
would remain.
Impact b: The Proposed Project could have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified in local or regional plans, policies,
regulations, including federally protected wetlands as defined by Section 404 of the Clean
Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other means.
a) Potential Impact. The impact identified above is described and discussed in
Section E.3 of the Draft EIR (Appendix E).
b) Mitigation Measures. The following mitigation measure will be adopted and will
be implemented as provided in the MMRP, and as further described in the remainder of these
findings:
810-1 See above under Impact a.
c) Finding. Mitigation Measure BI0-1 mandates that general measures be implemented
to protect sensitive habitats and jurisdictional features, thus reducing the impact on any
riparian habitat or other sensitive natural community to less than significant.
d) Remaining Impact. Mitigation Measure BI0-1 specified above would reduce all
potential impacts to less than significant. No residual impacts would remain.
3.5 Cultural Resources
Impact a: The Proposed Project could directly or indirectly destroy a local cultural
resource that is recognized by the City Council resolution.
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Impact b: The Proposed Project could cause a substantial adverse change in the
significance of an archeological resource pursuant to 15064.5.
Impact d: The Proposed Project could disturb human remains, including those interred
outside of formal ceremonies.
Impact e: The Proposed Project could adversely affect a historic resource listed or
eligible for listing on the National and/or California Register, or listed on the City's Historic
Inventory.
Impact f: The Proposed Project could eliminate important examples of major periods of
California history or prehistory.
a) Potential Impact. The impacts identified above are described and discussed in
Section E.4 of the Draft EIR (Appendix E).
b) Mitigation Measures. The following standardproject requirement and
mitigation measure will be adopted and will be implemented as provided in the MMRP, and as
further described in the remainder of these findings:
Standard Project Requirement
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Protection of Cultural Resources: Should any previously undiscovered
historic or prehistoric archaeological deposits be discovered during
construction, work shall stop within 50 feet ofthe discovery, until such time
that the discovery can be evaluated by a qualified archaeologist and
appropriate mitigative action taken as determined necessary in consultation
with the lead Federal agency for NHPA Section 106 compliance, in
accordance with 36 CFR Part 800.13, and the City. Measures might include
preserving in situ the archaeological resource or an archaeological
monitoring or data recovery program. Prehistoric archaeological site
indicators include chipped chert and obsidian tools, and tool manufacturing
waste flakes, grinding implements such as mortars and pestles, and darkened
soil that contains dietary debris such as bone fragments and shellfish
remains. Historic site indicators include, but are not limited to, ceramics,
glass, wood, bone, and metal remains.
Section 70SO.S(b) of the California Health and Safety code will be
implemented in the event that human remains, or possible human remains,
are located during Project-related construction excavation. Section 7050.5(b)
states:
In the event of discovery or recognition of any human remains in any
location other than a dedicated cemetery, there shall be no further
excavation or disturbance of the site or any nearby area reasonably
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CR-1
150819 jb 0131480
suspected to overlie adjacent remains until the coroner of the county in
which the human remains are discovered has determined, in accordance
with Chapter 10 (commencing with Section 27460) of Part 3 of Division 2
of Title 3 of the Government Code, that the remains are not subject to
the provisions of Section 27492 of the Government Code or any other
related provisions of law concerning investigation of the circumstances,
manner and cause of death, and the recommendations concerning
treatment and disposition of the human remains have been made to the
person responsible for the excavation, or to his or her authorized
representative, in the manner provided in Section 5097.98 of the Public
Resources Code.
The County Coroner, upon recognizing the remains as being of Native
American origin, is responsible for contacting the Native American Heritage
Commission (NAHC) within 24 hours. The Commission has various powers
and duties to provide for the ultimate disposition of any Native American
remains, as does the assigned Most Likely Descendant. Sections 5097.98 and
5097.99 of the Public Resources Code also call for protection from
inadvertent destruction. To achieve this goal, the construction personnel on
the Project would be instructed as to the potential for discovery of cultural or
human remains, the need for proper and timely reporting of such finds, and
the consequences of failure thereof.
Subsurface Testing. A program of sub-surface testing shall be conducted to
determine whether buried resources are present within the areas of high or
high to moderate archaeological sensitivity that will be impacted by Project
construction. Only those locations where design confirms that the proposed
pipeline would be buried at archaeologically sensitive locations will require
subsurface testing. A testing program will be developed to determine the
best approach for each location, considering the physical constraints of the
urban setting (e.g., structures, traffic). The testing program could consist of
multiple core extractions at individual sites; the locations and depths of the
bore holes would be determined on the basis of projected depths of
excavation at the individual work areas. A qualified archaeologist would
monitor the testing efforts, and inspect the cores for prehistoric
archaeological site indicators (e.g., chipped chert and obsidian tools, and tool
manufacturing waste flakes, grinding implements such as mortars and
pestles, and darkened soil that contains dietary debris such as bone
fragments and shellfish remains) and historic site indicators (e.g., ceramics,
glass, wood, bone, and metal remains). If the findings of the subsurface
testing are negative, then no further actions (e.g., further testing or
archaeological monitoring) would be recommended as necessary for NHPA
Sect.ion 106 compliance, although Gonsultation with SHPO would still be
needed to formally complete the Section 106 process. If the findings of the
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subsurface testing are positive (and avoidance of the archaeological site is
not feasible or practicable through project redesign), then a qualified
archaeologist will develop an archeological data recovery plan (ADRP) in
consultation with the City, the lead Federal agency, the SHPO and other
appropriate consulting parties, as applicable, in accordance with the
requirements of 36 CFR Part 800. The ADRP shall identify how the proposed
data recovery program will used to evaluate and preserve the significant
information the archaeological resource is expected to contain. That is, the
ADRP will identify what scientific/historical research questions are applicable
to the expected resource, what data classes the resource is expected to
possess, and how the expected data classes would address the applicable
research questions. Implementation of the ADRP through the development
and execution of an appropriate agreement document by the lead Federal
agency, the SHPO, the City, and any other identified signatories, would
satisfy the requirements of NHPA Section 106 as outlined at 36 CFR § 800.6.
Whether the results of subsurface testing are negative or positive, if Federal
funding for the Project is approved, full compliance with Section 106 of the
NHPA as determined by the lead Federal agency will be required prior to
Project construction.
c) Finding. Standard project requirement (Protection of Cultural Resources) would
ensure the protection of unrecorded cultural resources and human remains. Mitigation
Measure CR-1 requires subsurface testing to determine the presence of cultural resources and
actions that must be taken in the event cultural resources are present. Thus, impacts to cultural
resources would reduce to less than significant.
d) Remaining Impact. The standard project requirement (Protection of cultural
resources) and Mitigation Measure CR-1 specified above would reduce all potential impacts to
less than significant. No residual impacts would remain.
Impact c: Directly or indirectly destroy a unique paleontological resource or site or
unique geologic feature.
a) Potential Impact. The impact identified above is described and discussed in
Section E.4 of the Draft EIR (Appendix E).
b) Mitigation Measures. No mitigation measures are required. The following
standard project requirement will be adopted and will be implemented as provided in the
MMRP, and as further described in the remainder of these findings:
Standard Project Requirement
150819 jb 0131480
Protection of Paleontological Resources: If paleontological resources are
discovered during earthmoving activities, the construction crew would
immediately cease work near the find. In accordance with Society of
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Vertebrate Paleontology guidelines (Society of Vertebrate Paleontology
2010), a qualified paleontologist would assess the nature and importance of
the find and recommend appropriate salvage, treatment, and future
monitoring and mitigation.
c) Finding. The standard project requirement (Protection of Paleontological Resources)
would ensure the protection of unrecorded paleontological resources. Thus, impacts to
paleontological resources would be reduced to less than significant.
d) Remaining Impact. The standard project requirement (protection of
Paleontological Resource) above would reduce all potential impacts to less than significant. No
residual impacts would remain.
3.6 Geology, Soils and Seismicity
Impact a: Expose people or structures to potential substantial adverse effects, including
the risk of loss, injury, or death, involving:
iii. Seismic-related ground failure, including liquefaction?
Impact d: Be located on a geologic unit or soil that is unstable, or that would become
unstable as a result of the project, and potentially result in on-or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
Impact e: Be located on expansive soil, as defined in Table 18-1-B of the Uniform
Building Code {1994), creating substantial risks to life or property.
a) Potential Impact. The impacts identified above are described and discussed in
Section E.S of the Draft EIR (Appendix E).
b) Mitigation Measures. No mitigation measures are required. The following
standard project requirements will be adopted and will be implemented as provided in the
MMRP, and as further described in the remainder of these findings:
Standard Project Requirement
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Geologic Report for Potentially Affected Facilities: During the design phase
for the Project, the City shall require preparation of a Geologic Report by a
geologist registered in the State of California for facilities that could be
affected by seismic-related hazards or unstable soils (e.g., liquefaction and
expansive soils).
The Geologic Report shall include an engineering analysis of liquefaction and
the potential for expansive soils at the pump stations. This assessment shall
include a liquefaction assessment study in accordance with the California
Geological Survey Special Publication 117 Guidelines. If this report finds
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unstable soils would present potential risks associated with liquefaction;
engineering recommendations for surface and subsurface drainage
specifications and detailed design for fill placement and excavation shall be
provided.
c) Finding. The standard project requirement (Geologic Report) would ensure that
seismicity and unstable soils would be addressed and the risk of loss, injury, or death would
reduce to less than significant.
d) Remaining Impact. The standard project requirement above would reduce all
potential impacts to less than significant. No residual impacts would remain.
Impact b: Result in substantial soil erosion or the loss of topsoil.
Impact c: Result in substantial siltation.
a) Potential Impact. The impacts identified above are described and discussed in
Section E.S of the Draft EIR (Appendix E).
b) Mitigation Measures. No mitigation measures are required. The following
standard project requirement will be adopted and will be implemented as provided in the
MMRP, and as further described in the remainder of these findings.
Standard Project Requirement
Best Management Practices-Storm Water Quality (see Impact HYD-1 above)
c) Finding. The standard project requirement (best management practices-stormwater
water quality) would ensure that the project would not result in substantial erosion or siltation.
Thus, impacts would be reduce to less than significant.
d) Remaining Impact. The standard project requirement above would reduce all
potential impacts to less than significant. No residual impacts would remain.
3. 7 Hazardous Materials
Impact a: Create a significant hazard to the public or the environment through the
routine transport, use, or disposal of hazardous materials.
Impact b: Create a significant hazard to the public or the environment through
reasonably foreseeable upset and accident conditions involving the release of hazardous
materials into the environment.
Impact c: Emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile of an existing or proposed school.
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Impact e: Be located on a site which is included on a list of hazardous materials sites
compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment?
a) Potential Impact. The impacts identified above are described and discussed in
Section E.7 of the Draft EIR (Appendix E).
b) Mitigation Measures. The following standard project requirements will be
adopted and will be implemented as provided in the MMRP, and as further described in the
remainder of these findings:
Standard Project Requirements
Storage, Handling, and Use of Hazardous Materials in Accordance with
Applicable Laws: The City shall ensure that all construction-related
hazardous materials and hazardous wastes are stored, handled, and used in a
manner consistent with applicable federal, state, and local laws, and the City
of Palo Alto's Pollution Prevention plan sheet. In addition, construction-
related hazardous materials and hazardous wastes shall be staged and stored
away from stream channels and steep banks to keep these materials a safe
distance from near-by residents and prevent them from entering surface
waters in the event of an accidental release.
Proper Disposal of Contaminated Soil and/or Groundwater: If contaminated
soil and/or groundwater is encountered or if suspected contamination is
encountered during Project construction, work shall be halted in the area,
and the type and extent of the contamination shall be identified. A
contingency plan to dispose of any contaminated soil or groundwater would
be developed through consultation with appropriate regulatory agencies and
consistent with the requirements of the City of Palo Alto's Pollution
Prevention plan sheet and RWQCP's permit requirements for discharge of
exceptional wastewater to the sanitary sewer.
Health and Safety and Hazardous Materials Manageme~t and Spill
Prevention Control Plans (see Impact a in Section 3.4, Biological Resources
above)
c) Finding. The standard project requirements (use and handling of hazardous
materials, proper disposal of contaminated materials, health and safety plan, hazardous
materials management plan, and spill prevention control plan) would ensure that the project
would not result in substantial hazards. Thus, impacts would be reduce to less than significant.
d) Remaining Impact. The standard project requirements above would reduce all
potential impacts to less than significant. No residual impacts would remain.
150819 jb 0131480 26
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Impact h: Impair implementation of or physically interfere with an adopted emergency
response plan or emergency evacuation plan
a) Potential Impact. The impact identified above is described and discussed in
Section E.7 of the Draft EIR (Appendix E).
b) Mitigation Measures. The following standard project requirement will be
adopted and will be implemented as provided in the MMRP, and as further descr:ibed in the
remainder of these findings:
Standard Project Requirement
Traffic Control Plan: The City's Transportation Section would require the
contractor to have a full traffic control plan prepared by a registered traffic
engineer. The traffic control plan shall be in accordance with the City's Traffic
Control Requirements and would show specific methods for maintaining
traffic flows to minimize construction impacts on traffic and parking. There
are several schools in the vicinity of the Project. These areas would be
evaluated more closely to determine whether the traffic control plan is
appropriate or if additional measures are needed specific to school areas.
Examples of traffic control measures to be considered include:
• Identify all roadway locations where special construction techniques (e.g.,
directional drilling) would be used to minimize impacts to traffic flow;
• Develop circulation and detour plans to minimize impacts to local street
circulation. This may include the use of signing and flagging to guide vehicles
through and/or around the construction zone;
• Schedule truck trips outside of peak morning and evening commute hours;
• Prohibit construction on collector and arterial streets during morning
commute period before 9 a.m. and in the afternoon commute period after 4
p.m.;
• Use haul routes, minimizing truck traffic on local roadways to the extent
possible;
• Consider detours for bicycles and pedestrians in all areas potentially
affected by Project construction. Pedestrian and bicycle detours should not
be required unless deemed necessary for safety reasons;
• Use flagmen to maintain alternating one-way traffic while working on one-
half of the street;
• Use advance construction signs and other public notices to alert drivers of
activity in the area;
• Use "positive guidance" detour signing on alternate access streets to
minimize inconvenience to the driying public;
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• Install traffic control devices as specified in the California Department of
Transportation Manual of Traffic Controls for Construction and
Maintenance Work Zones;
• Develop and implement access plans for highly sensitive land uses such as
police and fire stations, transit stations, hospitals and schools. The access
plans would be developed with the facility owner or administrator. To
minimize disruption of emergency vehicle access, ask affected jurisdictions
to identify detours, which would then be posted by the contractor. Notify in
advance the facility owner or operator of the timing, location, and duration
of construction activities and the locations of lane closures;
• Store construction materials only in designated areas; and
• Coordinate with local transit agencies for temporary relocation of routes or
bus stops in work zones, as necessary.
• Establish methods for minimizing for construction effects on parking (e.g.,
identifying designated areas for construction worker parking at staging
areas).
c) Finding. The standard project requirement (traffic control plan) would ensure
that the project would not result in traffic hazards. Thus, impacts would be reduce to less than
significant.
d) Remaining Impact. The standard project requirement above would reduce all
potential impacts to less than significant. No residual impacts would remain.
3.8 Noise
Impact a: The Proposed Project could expose persons to or generate noise levels in
excess of standards established in the local general plan or noise ordinance, or applicable
standards of other agencies.
Impact c: The Proposed Project could create a substantial permanent increase in
ambient noise in the project vicinity above levels existing without the project.
Impact d: The Proposed Project could create a substantial temporary or periodic
increase in ambient noise levels.in the project vicinity above levels existing without the project.
Impact g: The Proposed Project could cause the average 24 hour noise level (Ldn) to
increase by 5.0 decibels (dB) or more in an existing residential area, even if the Ldn would
remain below 60 dB.
Impact h: The Proposed Project could cause the Ldn to increase by 3.0 dB or more in an
existing residential area, thereby causing the Ldn in the area to exceed 60 dB.
Impact i: The Proposed Project could cause an increase of 3.0 dB or more in an existing
. 150819 jb 0131480 28
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residential area where the Ldn currently exceeds 60 dB.
Impact j: The Proposed Project could result in indoor noise levels for residential
development to exceed an Ldn of 45 dB.
Impact k: The Proposed Project could result in instantaneous noise levels of greater
than 50 dB in bedrooms or 55 dB in other rooms in areas with an exterior Ldn of 60 dB or
greater.
Impact 1: The Proposed Project could generate construction noise exceeding the
daytime background Leq at sensitive receptors by 10 dBA or more.
a) Potential Impact. The impacts identified above are described and discussed in
Section E.10 of the Draft EIR (Appendix E).
· b) Mitigation Measures. The following standard project requirements and
mitigation measures will be adopted and will be implemented as provided in the MMRP, and as
further described in the remainder of these findings:
Standard Project Requirements
150819 j b 0131480
Compliance with Local Noise Ordinance: According to the City of Palo Alto's
Noise Ordinance (Palo Alto Municipal Code Chapter 9.10), for residential and
non-residential property, construction, alteration and repair activities which
are authorized by a valid city building permit shall be prohibited on Sundays
and holidays and shall be prohibited except between the hours of 8:00a.m.
and 6:00 p.m. Monday through Friday, and 9:00a.m. and 6:00 p.m. on
Saturday, provided that the construction, demolition or repair activities
during those hours meet the following standards:
• No individual piece of equipment shall produce a noise level
exceeding 110 dBA at a distance of 25 feet. If the device is housed
within a structure on the property, the measurement shall be made
outside the structure at a distance as close to 25 feet from the
equipment as possible.
• The noise level at any point outside of the property plane of the
Project shall not exceed 110 dBA.
• The holder of a valid construction permit for a construction·project in
a non-residential zone shall post a sign at all entrances to the
construction site upon commencement of construction, for the
purpose of informing all contractors and subcontractors, their
employees, agents, materialmen and all other persons at the
construction site, of the basic requirements of this measure.
o The sign(s) shall be posted at leastfive feet above ground
level, and shall be of a white background, with black lettering,
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NOl-l
150819 jb 0131480
which lettering shall be a minimum of one and one-half inches
in height.
o The sign shall read as follows:
CONSTRUCTION HOURS
FOR RESIDENTIAL (OR NON-RESIDENTIAL) PROPERTY
(Includes Any and All Deliveries)
MONDAY-FRIDA Y ........ 8:00 a.m. to 6:00p.m.
SATURDA Y ......... 9:00 a.m. to 6:00p.m.
SUNDAY/HOLIDAYS ........ Construction prohibited.
Pump Station Design/Noise: For the pump station at the Mayfield Soccer
Fields, a detailed analysis of the buildings' sound isolation would be
conducted by a qualified acoustical consultant during the engineering design
phase of the project. A post-construction field sound measurement shall be
conducted by an acoustical consultant to verify that the project operational
noise standards are in compliance with relevant City noise standards.
Noise Control Measures to Reduce Construction Noise: Noise Control
Measures to Reduce Construction Noise. The City shall incorporate into
contract specifications all of the following measures:
• Impact equipment (e.g., jack hammers, pavement breakers, and rock
drills) used for project construction will be hydraulically or electrically
powered whenever possible to avoid noise associated with
compressed air exhaust from pneumatically powered tools. However,
where use of pneumatically powered tools is unavoidaple, an exhaust
muffler on the compre$sed air exhaust would be used. This muffler
can lower noise levels from the exhaust by up to 10 dBA. External
jackets on the tools themselves would be used where feasible, and
this could achieve a reduction of 5 dBA. Quieter procedures will be
used such as drilling rather than impact equipment whenever
feasible.
• Wherever possible, sonic or vibratory pile drivers will be used instead
of impact pile drivers. If sonic or vibratory pile drivers are not feasible,
acoustical enclosures will be provided as necessary to reduce noise
levels. Engine and pneumatic exhaust controls on pile drivers will be
required as necessary to ensure that exhaust noise from pile driver
engines are minimized to the extent feasible. Where feasible, pile
holes will be pre-drilled to reduce potential noise and vibration
impacts.
• All equipment and trucks used for project construction shall use the
best available noise control techniques (including mufflers, use of
30
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NOI-2
NOI-3
intake silencers, ducts, engine enclosures and acoustically attenuating
shields or shrouds) and be maintained in good operating condition to
minimize construction noise impacts. All internal combustion engine-
drive equipment shall be fitted with intake and exhaust mufflers
which are in good condition.
• Unnecessary idling of internal combustion engines shall be
prohibited. In practice, this would mean turning off equipment if it
would not be used for five or more minutes.
• Stationary noise-generating construction equipment, such as air
compressors and generators, shall be located as far as possible from
homes and businesses.
• Staging areas shall be located as far as feasibly possible from sensitive
receptors.
Pre-Construction Notification: Prior to construction, written notification to
residents within 500 feet of the proposed facilities undergoing construction
shall be provided, identifying the type, duration, and frequency of
construction activities. Notification materials shall also identify a mechanism
for residents to register complaints with the City if construction related noise
impacts should occur.
Design of the Pump Station to Reduce Noise: To ensure the proposed pump
station complies with the City's noise standards, structure openings,
including air ventilation would employ acoustical rated louvers, silencers, or
other noise-reduction devices, as appropriate, to reduce noise propagation
to the outside of the building.
c) Finding. The standard project requirements (compliance with local noise
ordinance and pump station design/noise) would ensure that construction is conducted during
appropriate hours and that operational noise standards are in compliance with relevant City
noise standards. Mitigation Measure NOl-l requires specific noise control measures to be
included in contract specifications; Mitigation Measure NOI-2 requires that residents near the
project site be notified of the construction and provided with a mechanism for registering
complaints about construction-related noise; Mitigation Measure NOI-3 requires that the pump
station be designed and constructed to incorporate noise reduction devices. Combined, these
standard project requirement and mitigation measures would reduce noise related impacts to
less than significant.
d) Remaining Impact. The standard project requirement and mitigation measures
above would reduce all potential impacts to less than significant. No residual impacts would
remain.
3.8 Transportation and Traffic
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Impact a: The Proposed Project could exceed the capacity of the existing circulation
system, based on an applicable measure of effectiveness (as designed in a general plan, policy,
ordinance, etc.), taking into account all relevant components of the circulation system,
including but not limited to intersections, streets, highways and freeways, pedestrian and
bicycle paths, and mass transit.
Impact b: The Proposed Project could conflict with an applicable congestion
management program, including but not limited to level of service standards and travel
demand measures, or other standards established by the county congestion management
agency for designated roads or highways.
a) Potential Impact. The impacts identified above are described and discussed in
·section E.14 of the Draft EIR.
b) Mitigation Measures. The following mitigation measures will be adopted and
will be implemented as provided in the MMRP, and as further described in the remainder of
these findings:
TRA-1 CMP Facilities: The City shall work with VTA to determine when peak hour
traffic starts on Page Mill Road, a CMP facility. If peak hour traffic starts
around 3 p.m. on this road, then the City shall prohibit construction on this
roadway after 3 p.m.
c) Finding. Mitigation Measure TRA-1 requires that construction be limited to the
hours outside of determined peak hour traffic, thus reducing traffic related impacts to less than
significant.
d) , Remaining Impact. The standard project requirement above would reduce all
potential impacts to less than significant. No residual impacts would remain.
Impact d: Substantially increase hazards due to a design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses (e.g., farm equipment)
Impact e: Result in inadequate emergency access.
Impact g: Conflict with adopted policies, plans, or programs supporting alternative
transportation (e.g., pedestrian, transit & bicycle facilities)
Impact n: Impede the development or function of planned pedestrian or bicycle
facilities
Impact o: Impede the operation of a transit system as a result of congestion
a) Potential Impact. The impacts identified above are described and discussed in
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Section E.14 of the Draft EIR (Appendix E).
b) Mitigation Measures. No mitigation measures are required. The following
standard project requirement will be adopted and will be implemented as provided in the
MMRP, and as further described in the remainder of these findings:
Standard Project Requirements
See Traffic Control Plan See Impact b, c e, and h above (Section 3.7 above).
c) Finding. Standard project requirement (traffic control plan) requires measures
. to maintain traffic flows and emergency access and ensure coordination with transit agencies,
thus reducing traffic related impacts to less than significant.
d) Remaining Impact. The standard project requirement above would reduce all
potential impacts to less than significant. No residual impacts would remain.
Impact f: Result in inadequate parking capacity that impacts traffic circulation and air
quality
a) Potential Impact. The impact identified above is described and discussed in
Section E.14 of the Draft EIR (Appendix E).
b) Mitigation Measures. The following mitigation measure will be adopted and will
be implemented as provided in the MMRP, and as further described in the remainder of these
findings:
TRA-2 Coordinate Construction with Businesses: To reduce the disruption of
business from the temporary reduction of parking, the City shall coordinate
with individual businesses on the timing of construction.
c) Finding. Mitigation Measure TRA-2 requires that local businesses be notified of
the timing of construction and that the City coordinate with those businesses as it relates to the
temporary reduction in parking, thus reducing traffic related impacts to less than significant.
d) Remaining Impact. The standard project requirement above would reduce all
potential impacts to less than significant. No residual impacts would remain.
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
150819 jb 0131480 33
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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.
Because all of the Project's impacts are being mitigated through the adoption of
mitigation measures described above, and because the Project will thus not result in any
significant environmental effects, the City Council finds that there is no need to further consider
the feasibility of any of the alternatives identified in the Final EIR.
SECTION 7. Statement of Overriding Considerations
The City Council is not required to adopt a Statement of Overriding Considerations
pursuant to Public Resources Code Section 21081 and Section 15093 of the CEQA Guidelines as
all identified environmental impacts associated with the proposed Project can be mitigated to
less than significant levels as discussed above and the Final EIR.
INTRODUCED AND PASSED: September 28, 2015
AYES: Berman, Burt, Filseth, Holman, Kniss, Scharff, Schmid, Wobach
NOES:
ABSENT:
ABSTENTIONS: DuBois
ATIEST:
gcS,Q~~QY,AS TO FORM:
{fto., ~ iLw%
Senior Assistant City Attorney
150819 jb 0131480 34
Mayor
Citv M_ana~<er ~"ocullognedflt:
l~~F:~~
Director of Planning and
Community Environment
DocuSign Envelope 10: DA4017 44-CCB8-4DC1-BC46-5715C093031 D
EXHIBIT A
MITIGATION MONITORING AND REPORTING PROGRAM
150819 jb 0131480
RECYCLED WATER PROJECT
ENVIRONMENTAL IMPACT R·EPORT
State Clearinghouse No. 2011062037
CITY OF PALO ALTO
JULY 2015
35
L.,
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PREFACE
Section 21081 of the California Environmental Quality Act (CEQA) requires a Lead Agency
to adopt a Mitigation Monitoring or 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 monitoring or reporting program is to ensure
compliance with the mitigation measures during project implementation.
The Environmental Impact Report concluded that that all identified environmental impacts
associated with the proposed Project can be mitigated to less than significant levels, either
with the implementation of standard project requirements proposed as part of the Project
and/or mitigation measures identified in the analysis, and that no significant unavoidable
impacts would occur from proposed Project implementation. This Mitigation Monitoring
or Reporting Program addresses the required measures in terms of how and when they
will be implemented.
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HYDROLOGY
HYD-1 Have the potential
violation of water
quality standards
and/or waste
discharge
requirements or
otherwise
substantially degrade
water quality?
City of Palo Alto Recycled Water Project
MITIGATION MONITORING AND REPORTING PLAN
Best Management Practices-Storm Water
Quality
The City shall require contractors to fi le a
Notice oflntent with the Regional Water
Quality Control Board (RWQCB) indicating
compliance with the National Pollutant
Discharge Elimination System (NPDES)
General Permit for Discharges of Storm Water
Runoff Associated with Construction Activity
(General Permit) and to prepare and implement
a Storm water Pollution Prevention Plan
(SWPPP) outlining BMPs for construction/post-
construction activities as specified by the City of
Palo Alto's Pollution Prevention plan sheet, the
California Stormwater Best Management
Practices Handbook and/or the Association of
Bay Area Governments' Manual of Standards
for Erosion and Sediment Control Measures.
The BMPs include measures guiding the
management and operation of construction sites
to control and minimize the potential
contribution of pollutants to storm water runoff
from these areas. These measures address
City City
of of
Palo Palo
Alto Alto
and
its
contra
ctors
1. Include in plans 1. Pre-construction
and 2. Construction specifications.
2. Document
contractor
compliance with
plans and
specifications.
2 Any cells marked"--" indicates a standard project requirement, which has no mitigation measure number.
150819 jb 0131480 37
II.
I 2.
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150819 jb 0131480
procedures for controlling erosion and
sedimentation, and managing all aspects of the
construction process to ensure control of
potential water pollution sources. Erosion and
sedimentation control practices typically
include:
• Performing equipment maintenance at
least 100 feet from all water bodies and
wetlands, with measures in place to
contain spills of diesel fuel, gasoline, or
other petroleum products.
• Directing drainage from all work sites
away from any water bodies or
wetlands where feasible;
• Preventing erosion of uplands and
sedimentation of creeks, tributaries, and
ponds;
• Minimizing creek bank instability;
• Preventing flooding; and
• Returning grades to preconstruction
contours.
• Installation of silt fencing and/or straw
wattle;
• Soil stabilization;
• Revegetation of graded and fill areas
with a standard erosion control mix
(approved by a native habitat
restorationist);
• Runoff control to limit increases in
sediment in stormwater runoff (e.g.,
straw bales, silt fences, drainage
swales, geofabrics, check dams, and
sand bag dikes);
A SWPPP that complies with the statewide
General Permit shall be developed and
implemented to protect water quality of the
creeks that lie in the study area. Appropriate
38
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erosion and sediment control and non-sediment
pollution control (i.e., sources of pollution
generated by construction equipment and
material) BMPs shall be prescribed in the
SWPPP, and erosion and sediment control
material included in the SWPPP shall be
certified as weed free. Dewatering operations
are covered under the General Construction
Permit as an authorized non-stormwater
discharge. The discharge from dewatering
operations would be evaluated and made part of
the Project SWPPP. In addition, the Project shall
comply with RWQCB regulations and standards
to maintain and improve the quality of both
surface water and groundwater resources.
HYD-1 Have the potential --Frac-Out Plan City City 1. Verify that Frac-1. Pre-construction 1.
violation of water • Prior to of of Out 2. Construction
quality standards constructing underground crossings of creeks or Palo Palo Contingency
and/or waste channels, a Frac-out Contingency Plan shall be Alto Alto Plan is
discharge developed. At minimum, the plan shall prescribe and developed and
requirements or the measures to ensure protection of water its that measures
otherwise quality and related biological resources (e.g., contra are outlined in
substantially degrade aquatic resources, and special-status plants and ctors the plans and
water quality? wildlife) including: specifications.
2. Monitor 2.
• Procedures to minimize the potential
for a frac-out associated with horizontal construction
directional drilling; activities to
• Procedures for timely detection of frac-
verify that
measures are
outs; implemented
• Procedures for timely response and during
remediation in the event a frac-out; and construction.
• Monitoring of drilling and frac-out
response activities by a qualified
biologist.
HYD-1 Have the potential --Discharge of Exceptional Wastewater City City 1. Verify that 1. Pre-construction 1.
violation of water Hydrostatic test water and water collected from of of permit is 2. Construction
quality standards Palo Palo obtained.
and/or waste
dewatering activities (including contaminated Alto Alto 2.
water) are discharged to the sanitary sewer with 2. Confirm that
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discharge an Exceptional Waste Discharge Permit from and water is
requirements or RWQCB. The permit requires chemical its discharged
otherwise constituents to be sampled and identifies limits contra appropriately.
substantially degrade for these constituents. To minimize impacts to ctors
water quality? water quality, the City shall obtain an
Exceptional Wastewater Permit prior to
discharge of such waters into the sanitary sewer.
HYD-2 Have the potential to --See above for HYD-1 information.
substantially alter the
existing drainage
pattern of the site or
area, including
through the alteration
of the course of a
stream or river, in a
. manner which would
result in substantial
erosion or siltation
on-or off-site?
HYD-3 Have the potential to HYD-3a Mitigation Measure HYD-3a: Source Control City City 1. For anticipated 1. Ongoing 1.
result in the of Saline Groundwater. The City shall of of lining/repair (throughout the
substantial decline in continue to line and repair existing sewers to Palo Palo projects life of this project)
health of redwood minimize saline groundwater infiltration. Alto Alto identified in the 2. Ongoing
trees and other salt-EIR initiated by
sensitive plant the City and any
species? other future City
projects that
would minimize
saline
infiltration,
confirm funding
available for the
work.
2. Retain the as-2.
built drawings
of the project in
the project file.
HYD-3 Have the potential to HYD-3b Mitigation Measure HYD-3b: Monitoring: City City 1. Monitor salinity 1. Monthly, for two 1.
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result in the The City shall immediately begin monthly of of (and related years (recycled
substantial decline in monitoring of the salinity (and related Palo Palo constituents) water). The
health of redwood constituents) of the recycled water and shall Alto Alto monthly. frequency will be
trees and other salt-report the rolling 12-month average for 2. Retain reevaluated
sensitive plant comparison to the Palo Alto City Council goal transmittal of thereafter. 2.
species? of 600 mg/l TDS. Monthly electronic reporting results to those 2. Ongoing
to those requesting it will be performed for two requesting this 3. Semiannually for years, and then the frequency will be re-information. two years. The evaluated. The City shall monitor soil salinity
and SAR through semi-annual soil analyses, 3. Document frequency will be 3.
preferably taken early and late in the irrigation salinity reevaluated
season (approximately April and October). monitoring and thereafter.
reporting and Retaining
retain in the information will
project file. be ongoing.
HYD-3 Have the potential to HYD-3c Mitigation Measure HYD-3b: Site Site City 1. Include 1. Ongoing 1.
result in the Management: If at a particular site receiving owner of requirements in 2. Ongoing
substantial decline in recycled water, monitoring identifies an increase s Palo use agreements 3. Ongoing
health of redwood in soil salinity and SAR over historical levels, · Alto for recycled
trees and other salt-the City in cooperation with the owner of that water.
sensitive plant site shall conduct a site-specific evaluation. That 2. Confirm site 2.
species? evaluation would consider (1) the extent to owners
which the site contains protected trees (including implement
redwood trees and oaks) that might be impacted BMPs if deemed
by soil salinity, (2) the extent to which the necessary by the
elevated salinity is at a level that poses a threat site owners in
to such protected trees, and (3) the extent to inspection
which the elevated salinity is the result of the reports. 3.
use ofthe City's recycled water. If a threat is 3. Retain
found, the City shall work cooperatively with inspection
the site owner to develop a site-specific reports in the
mitigation plan, including the site owner's
implementation of best management practices
project file.
which are described below:
• To avoid plant damage to salt sensitive
landscape plants, site owners can
implement a leaching program to
maintain soil salinity within the root
zone below 2.0 dS/m and SAR below
6.0. For moderately salt-tolerant plants,
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maintain soil salinity below 4.0 dS/m.
Where subsoils do not drain
adequately, installation of subsurface
drainage systems may be needed.
Rainfall will satisfY a portion of the
leaching requirement, depending on the
rate, volume, and distribution through
the season. The frequency with which
leaching applications should be made
depends on several variables, and is
typically triggered by approaching soil
salinity thresholds defined above.
• Site owners can apply gypsum prior to
leaching when indicated by soil
analysis. Gypsum is a soil amendment
that, when combined with leaching,
helps lower soil sodium concentrations.
Gypsum application can be considered
when soil analyses reveal one or more
of the following conditions: SAR
exceeds 6.0, SAR increases 2 units or
more (e.g., 2.3 to 4.3), and/or sodium
concentration exceeds 5 meq/l ( 115
mg/L ). The amount of gypsum needed
and the frequency of application
depend on site-specific soil and water
characteristics, and can be determined
by laboratory analysis. i
HYD-3 Have the potential to HYD-3d Mitigation Measure HYD-3d: Other Options City City 1. Initiate the 1. Upon certification 1.
result in the to Protect Salt-Sensitive Plants. In the event of of investigation of of the EIR and
substantial decline in that monitoring results (see Mitigation Measure Palo Palo the feasibility of approval of the
health of redwood HYD-3b) show that optimal concentrations of Alto Alto Reverse and Project
trees and other salt-TDS and related parameters will not be achieved Forward 2. Upon completion
sensitive plant prior to operation of the Project (i.e., recycled Osmosis of the
species? water application), the City will evaluate and treatment of its investigation,
implement one or more of the following actions recycled water, prior to
to reduce TDS levels: combined with construction.
• Utilize its existing Recycled Water blending of 3. Prior to and
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Ordinance exemption process (Palo appropriate. during operation
Alto Municipal Code 16.12.050) to 2. Retain final (if necessary)
exempt redwood trees (and/or other salt technical 2.
sensitive species) from the use of document in
recycled water; project file.
• Blend Recycled Water and other lower 3 . If the Project
salinity water prior to application; proceeds and 3.
and/or TDSand
• Treat recycled water to reduce TDS optimal
prior to application, or shortly concentrations
thereafter (the City is initiating an ofTDS and
investigation of the feasibility of related
Reverse or Forward Osmosis treatment parameters are
of its recycled water, combined with not achieved,
blending of appropriate water). document
implementation
of selected
option.
1\:SE'JlrETic"§ ··· ·. ;c·~c,
. ····>·· '~'ii .... <.•;·::~" . J •O:ii~·;;,;. ·<;:<l. c .·.g;~~·~·1:>';'1 ... ·. ~f;1~~~ . ·:~;·::~~~·:·"i.; ••. :;·;:!: ·:···· .... • ; ····>; ··% -cc~·:····
AES-1 Have a substantial --Compliance with the Tree Technical Manual City City 1. Document 1. Pre-construction 1.
degradation of the The City ofPalo Alto Tree Technical Manual of of completion of 2. Pre-construction/
existing visual (Dockter 2001) is a separately published Palo Palo Tree Protection Construction
character or quality document issued by the City Manager, through Alto Alto and Preservation '
of the site and its the Departments of Planning and Community and Plan.
surroundings or on a Environment and Public Works to establish its 2. Document 2.
public view or view specific technical regulations, standards and contra compliance with
corridor? specifications necessary to implement the Tree ctors requirements of
Ordinance (Chapter 8.10, Tree Preservation and 2.00 and 3.00 of
Management Regulations), and to achieve the the City of Palo
City's tree preservation goals and natural Alto Tree
resource conservation goals. Technical
Section 2.00 specifically addresses the Manual.
protection of trees during construction; its
objective is to reduce the negative impacts of
construction on trees to a less than significant
level.
Construction projects within the tree protection ·
zone (TPZ) ofRegulated Trees are required to
150819 jb 0131480 43
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implement protective practices prior to and
during construction. The City would be required
to retain a certified arborist to prepare a Tree
Protection and Preservation Plan if any activity
is within the drip line of a Protected or
Designated Tree. The Plan must include an
assessment of impacts to trees, recommended
mitigation to reduce impacts to a less than
significant level, and identification of
construction guidelines to be followed through
all phases of a construction project.
Section 3.00 ofthe Tree Technical Manual
outlines requirements associated with the
removal and replacement of regulated trees. The
standards and specifications for replacements of
trees are dependent on the location where a
Protected or Designated Tree would be replaced.
If a tree is to be replaced on site, the
replacement tree must be the same species
unless the Director determines that another
species would be more suitable for the location.
The location ofthe replacement tree on site must
be approved by the Director. If it is not possible
to replace the tree on site, funding for the
replacement of trees is calculated using a Tree
Value Replacement Standard. The funding is
then applied for planting of trees elsewhere.
AES-1 Have a substantial --Architectural Review and Site and Design City City 1. Document 1. Pre-construction 1.
degradation of the Review of of completion of
existing visual Architectural Review and/or Site and Design Palo Palo Architectural
Alto Alto Review and/or character or quality review will be required for all exterior and Site and Design of the site and its modifications, including hanging pipes, pump
surroundings or on a stations, and landscaping. The individual its review.
public view or view components will require approval by the City's contra
corridor? Architectural Review Board (ARB) for ctors
architectural review, and by the planning
commission, ARB, and City Council for site and
design review prior to project implementation.
150819 jb 0131480 44
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AES-1 Have a substantial HYD-3a See above for HYD-3a information.
degradation ofthe
existing visual
character or quality
of the site and its
surroundings or on a
public view or view
corridor?
AES-1 Have a substantial HYD-3b See above for HYD-3b information.
degradation of the
existing visual
character or quality
of the site and its
surroundings or on a
public view or view I
corridor?
AES-1 Have a substantial HYD-3c See above for HYD-3c information.
degradation of the
existing visual
character or quality
of the site and its
surroundings or on a
public view or view
corridor?
AES-1 Have a substantial HYD-3d See above for HYD-3d information.
degradation of the
existing visual
character or quality
of the site and its
surroundings or on a
public view or view
corridor?
----
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AES-1 Have a substantial AES-1 Mitigation Measure AES-1: Restoration to City City 1. Include in plans 1. Design 1.
degradation of the Pre-construction Conditions. The City shall of of and 2. Post-Construction
existing visual require its contractors to restore disturbed areas Palo Palo specifications.
character or quality to their pre-construction conditions, to the extent Alto Alto 2. Document
of the site and its consistent with pipeline operations, so that or its contractor has 2.
surroundings or on a short-term construction disturbance does not contra complied with
public view or view result in long-term visual impacts. ctor plans and
corridor? specifications.
AIR QUALITY
Itemb Violate any air --Bay Area Air Quality Management District City City 1. Include in plans 1. Design 1.
quality standard or (BAAQMD) Dust Control Measures of of and 2. Construction
contribute The following basic construction measures Palo Palo specifications.
. substantially to an are identified by BAAQMD and shall be Alto Alto 2. Document
existing or projected incorporated into contract specifications and and contractor has 2.
air quality violation? implemented by the contractor. its complied with
contra plans and • All exposed surfaces (e.g., parking ctors specifications. areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall
be watered two times per day;
• All haul trucks transporting soils, sand,
or other loose material off-site shall be
covered;
• All visible mud or dirt track-out onto
adjacent public roads shall be removed
using wet power vacuum street
sweepers at least once per day. The use
of dry power sweeping is prohibited;
• All vehicle speeds on unpaved roads
shall be limited to 15 mph
• All roadways, driveways, and
sidewalks to be paved shall be
completed as soon as possible. Building
pads shall be laid as soon as possible
after grading unless seeding or soil
binders are used;
• Idling times shall be minimized either
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by shutting equipment off when not in
use or reducing the maximum idling
time to 5 minutes (as required by the
California airborne toxics control
measure Title 13, Section 2485 of
California Code ofRegulations). Clear
signage shall be provided for
construction workers at all access
points.
• All construction equipment shall be
maintained and properly tuned in
accordance with manufacturer's
specifications. All equipment shall be
checked by a certified visible emissions
evaluator.
• Post a publicly visible sign with
telephone number and person to contact
at the lead agency regarding dust
complaints. This person shall respond
and take corrective action within 48
hours. The Air District's phone number
shall also be visible to ensure
compliance with applicable regulations.
The following additional construction
mitigation measures identified by BAAQMD
shall be incorporated into contract
specifications and implemented by the
contractor, to supplement the proposed
standard project requirement.
• All exposed surfaces shall be watered
at a frequency adequate to maintain
minimum soil moisture of 12 percent.
Moisture content can be verified by lab
samples or moisture probe.
• All excavation, grading, and/or
demolition activities shall be suspended
when average wind speeds exceed 20
mph.
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• Wind breaks (e.g., trees, fences) shall
be installed on the windward side(s) of
actively disturbed areas of construction.
Wind breaks should have at
maximum50 percent air porosity.
• Vegetative ground cover (e.g., fast-
germinating native grass seed) shall be
planted in disturbed areas as soon as
possible and watered appropriately
until vegetation is established.
• The simultaneous occurrence of
excavation, grading, and ground-
disturbing construction activities on the
same area at any one time shall be
limited. Activities shall be phased to
reduce the amount of disturbed surfaces
at any one time.
• All trucks and equipment, including
their tires, shall be washed off prior to
leaving the site.
• Site accesses to a distance of 100 feet
from the paved road shall be treated
-with a 6 to 12 inch compacted layer of
wood chips, mulch or gravel.
• Sandbags or other erosion control
measures shall be installed to prevent
silt runoff to public roadways from
sites with a slope greater than one
percent.
• Idling time of diesel powered
construction equipment shall be
minimized to two minutes.
• The project shall develop a plan
demonstrating that off-road equipment
(more than 50 horsepower) to be used
in the construction project (i.e., owned,
leased, and subcontractor vehicles)
would achieve a project wide fleet-
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Item c Have the potential to • --
result in a
cumulatively
considerable net
increase of any
criteria pollutant for
which the project
region is non-
attainment under an
applicable federal or
state ambient air
quality standard
(including releasing
emissions which
exceed quantitative
150819 jb 0131480
average 20 percent NOx reduction and
45 percent PM reduction compared to
the most recent ARB fleet average.
Acceptable options for reducing
emissions include the use oflate model
engines, low-emission diesel products,
alternative fuels, engine retrofit
technology, after-treatment products,
add-on devices such as particulate
filters, and/or other options as such
become available.
• Use low VOC (i.e., ROG) coatings
beyond the local requirements (i.e.,
Regulation 8, Rule 3: Architectural
Coatings).
• All construction equipment, diesel
trucks and generators shall be equipped
with Best Available Control
Technology for emission reductions of
NOxandPM.
• All contractors shall use equipment that
meets CARE's most recent certification
standard for off-road heavy duty diesel
engines.
See Item b above for Bay Area Air Quality Management District (BAAQMD) Dust Control Measures
49
DocuSign Envelope ID: DA401744-CCB8-4DC1-BC46-5715C093D31D
thresholds for ozone
precursors)?
Itemd Have the potential to
expose sensitive
--See Item b above for Bay Area Air Quality Management District (BAAQMD) Dust Control Measures
receptors to
substantial levels of
toxic air
contaminants?
Items b, Violate any air AIR-I Mitigation Measure AIR-1. Two Crew City City 1. Document 1. Facility Planning 1.
c,d quality standard or Construction of Proposed Pipeline (using of of construction /Design
contribute open trench construction technique) and Palo Palo method to be 2. Design
substantially to an Pump Station Restrictions. Alto Alto used. 3. Construction existing or projected and 2.
To ensure NOx emissions do not exceed the 2. Confirm that
air quality violation? BAAQMD threshold, the City shall either: its appropriate
contra limitations have
Have the potential to ctor been included in 1. Incorporate into contract specifications the plans and result in a requirement for contractors to limit open
cumulatively trench construction of the proposed specifications.
considerable net 3. Include in plans 3.
pipeline to one crew (rather than two
increase of any crews) and sequence the pump station and
criteria pollutant for construction so that it would be constructed specifications
which the project one at a time, not concurrent with any other the appropriate
region is non-activity; or method for
attainment under an 2. Upon refinement of the construction details sequencing I
applicable federal or limiting
state ambient air and assumptions for equipment use, construction, as
quality standard dimensions of the trenches, rate of needed. If
(including releasing construction, backfill volume, the City thresholds are
emissions which shall rerun the air quality model analysis to not exceeded,
exceed quantitative confirm whether simultaneous construction the City may of the proposed pipeline or pump stations thresholds for ozone would result in exceedance ofBAAAMD proceed with
precursors)? NOx emissions threshold. IfNOx threshold construction
is exceeded, then the City shall using two
crews. If
Have the potential to implemented item 1 above. IfNOx thresholds are expose sensitive threshold is not exceeded, then the City exceeded,
receptors to would be able to proceed with concurrent sequence I limit
substantial levels of construction of two pipelines.(using open construction toxic air trench construction) I two pump stations such that NOx
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contaminants? accordingly. emissions
thresholds are
not exceeded.
4. Document 4. contractor has
complied with
plans and
specifications.
BIOLOGICAL RESOURCES
Item a Have a substantial --Health and Safety and Hazardous City City 1. Document that 1. Design 1.
adverse effect, either Materials Management and Spill of of requirement is 2. Construction
directly or through Prevention Control Plans Palo Palo included in
habitat modifications, The City shall require the contractor to Alto Alto · plans and
on any species prepare a Health and Safety Plan and and specifications.
identified as a Hazardous Materials Management and Spill its 2. Document 2.
candidate, sensitive, Prevention and Control Plan prior to contra contractor has
or special status commencement of construction that ctors complied with
species in local or includes a project-specific contingency plan the plans and
regional plans,
policies, or for hazardous materials and waste specifications.
regulations, or by the operations. The Health and Safety Plan
California shall be applicable to all construction
Department ofFish activities, and shall establish policies and
and Game or U.S. procedures according to federal and
Fish and Wildlife California Occupational Safety and Health
Service? Administration (OSHA) regulations for
hazardous materials Healthand Safety
Plans, and the City of Palo Alto's Pollution
Prevention plan sheet.
Elements of the plan shall include, but not
be limited to, the following:
• Discussion of hazardous materials
management, including delineation of
hazardous material storage areas,
access and egress routes, waterways,
emergency assembly areas, and
temporary hazardous waste storage
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areas;
• Notification and documentation of
procedures; and
• Spill control and countermeasures,
including employee spill
prevention/response training.
Item a Have a substantial --See HYD-1 for Best Management Practices-Stormwater Quality
adverse effect, either
directly or through -
habitat modifications,
on any species
identified as a
candidate, sensitive,
or special status
species in local or
regional plans,
policies, or
regulations, or by the
California
Department ofFish
and Game or U.S.
Fish and Wildlife
Service?
Item b Have a substantial --See Biological Resources, Item a above
adverse-effect on any
riparian habitat or
other sensitive
natural community
identified in local or
regional plans,
policies, regulations,
including federally
protected wetlands as
defined by Section
404 of the Clean
Water Act (including,
but not limited to,
marsh, vernal pool,
coastal, etc.) through
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direct removal,
filling, hydrological
interruption, or other
means?
Itemd Conflict with any --See Biological Resources, Item a above
local policies or See AES-1 above for Compliance with the Tree Technical Manual ordinances protecting
biological resources,
such as a tree
preservation policy or
as defined by the City
ofPalo Alto's Tree
Preservation
Ordinance
(Municipal Code
Section 8.10)?
Items a, Have a substantial BI0-1 Mitigation Measure 810-1: Protection of 1, 2. City 1. Document that 1. Design 1.
b,d adverse effect, either Sensitive Habitats and Jurisdictional City of requirements 2. Construction directly or through Features. The proposed project has been of Palo are included in 3. Post-habitat modifications, designed to avoid impacts to sensitive Palo Alto plans and Construction, on any species habitats, including jurisdictional wetlands Alto specifications. before operation. identified as a and waters. However, indirect impacts to or its Confirm candidate, sensitive, jurisdictional waters could occur as a result contra measures are or special status of the proposed project. The following ctor implemented.
species in local or general measures will be implemented 2. Inspect 2. regional plans, during the construction and operation of the
policies, or proposed project to minimize indirect 2. construction
! Contr sites to confirm regulations, or by the impacts to sensitive habitats and actor plans and California jurisdictional features:
Department ofFish 3,4. specifications
and Game or U.S. • All construction equipment will use City implemented
Fish and Wildlife identified staging areas and access of during
Service? roads located in upland areas. When Palo construction.
accessing work sites, travel and parking 3. Alto 3. Inspect
of vehicles and equipment will be construction
Have a substantial limited to pavement, existing roads, sites to confirm
adverse effect on any and previously disturbed areas (except plans and
riparian habitat or where overland travel is required). specifications
other sensitive Construction workers will not be implemented natural community allowed to enter sensitive areas that after
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identified in local or have been fenced or staked. construction is
regional plans, • Ground disturbance and vegetation completed.
policies, regulations, removal will not exceed the minimum
including federally amount necessary to complete work at
protected wetlands as the site.
defined by Section The following BMPs shall be 404 ofthe Clean •
Water Act (including, incorporated into the SWPPP as
but not limited to, protective measures to address wind-or
marsh, vernal pool, water-related erosion:
coastal, etc.) through 0 No discharge of pollutants
direct removal, from vehicle and equipment
filling, hydrological cleaning will be allowed into
interruption, or other storm drains, wetlands, or
means? water courses.
0 No vehicles may be refueled
Conflict with any within 1 00 feet of wetlands,
local policies or streams, or other waterways.
ordinances protecting Vehicles operating adjacent to
biological resources, wetlands and waterways must
such as a tree be inspected and maintained
preservation policy or daily to prevent leaks.
as defined by the City 0 Waste facilities will be
ofPalo Alto's Tree maintained. Waste facilities
Preservation include concrete wash-out
Ordinance facilities, portable toilets, and
(Municipal Code hydraulic fluid containers.
Section 8.10)? Waste will be removed to a
proper disposal site.
• After construction is completed, a final
cleanup will include removal-of all
stakes, temporary fencing, flagging,
and other refuse generated by
construction.
Items a, Have a substantial BI0-2 Mitigation Measure BI0-2: Protection of City City 1. Confirm 1. Design 1.
d adverse effect, either CRLF. Construction activities associated with of of requirement is 2. Construction I directly or through the creek crossing (Matadero Creek near Deer Palo Palo included in
habitat modifications, Alto plans and
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on any species Creek Road) will be limited to the dry season or its Alto specifications. i
identified as a (generally April15 to October 15) to the extent contra 2. Confirm 2.
candidate, sensitive, feasible. ctor construction
or special status occurs in
species in local or compliance
regional plans, with plans and '
policies, or specifications.
regulations, or by the
California
Department ofFish
and Game or U.S.
Fish and Wildlife
Service?
Conflict with any
local policies or
ordinances protecting
biological resources,
such as a tree
preservation policy or
as defined by the City
ofPalo Alto's Tree
Preservation
Ordinance
(Municipal Code
Section 8.10)? I
Items a, Have a substantial Mitigation Measure BI0-3: Employee 1. City 1. Confirm 1. Design 1. ' BI0-3
d adverse effect, either Education Program (required for CRLF, City of requirement is 2. Pre-construction
directly or through BUOW, and CCR if preconstruction of Palo included in
habitat modifications, surveys determine they are present). An Palo Alto plans and
on any species employee education program will be Alto specifications
identified as a conducted by a qualified biologist, or its the need to
candidate, sensitive, consisting of a brief presentation to explain contra conduct an
or special· status special-status species concerns to ctor employee-
species in local or contractors, their employees, and any other education
regional plans, personnel involved in the project. The 2. program as
policies, or program will include the following: a Contr described in
regulations, or by the description of relevant special-status actors Mitigation
California species and their habitat needs as they Measure BI0-3.
150819 jb 0131480 55
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Department ofFish pertain to the project; a report of the 2. Upon 2.
and Game or U.S. occurrence of these species in the project completion of
Fish and Wildlife vicinity, as applicable; an explanation of the training, have
Service? status of these species and their protection Contractor
under the MBT A, California Fish and Game employees sign
Conflict with any Code, and other statutes; and, a list of a form stating
measures being taken to reduce potential they have
local policies or impacts to natural resources during project attended ordinances protecting construction and implementation. A fact training and
biological resources, sheet conveying this information will be understand such as a tree prepared for distribution to the above-conservation
preservation policy or mentioned people and anyone else who and protection
as defined by the City may enter the project area. Upon measures.
ofPalo Alto's Tree completion of training, employees will sign a Preservation
Ordinance form stating that they attended the training
and understand all of the conservation and (Municipal Code protection measures. Construction crews Section 8.10)? will be informed during the education
program meeting that, to the extent
possible, travel within the marked project
area will be restricted to established
roadbeds.
Items a, Have a substantial BI0-4 Mitigation Measure BI0-4: Monitoring 1. City 1. Confirm 1. Design 1.
d adverse effect, either During Construction. A qualified biologist will City of requirement is 2. Prior to/during
directly or through be retained to monitor construction activities of Palo included in construction
habitat modifications, associated with the creek crossing (Matadero Palo Alto plans and 3. Construction on any species Creek near Deer Creek Road). The biologist Alto specifications
identified as a will have expertise with CRLF biology and or its the need for
candidate, sensitive, ecology. The biologist will have the authority to contra monitoring at
or special status halt work if a special-status species is observed. Ctors Matadero Creek
species in local or during
regional plans, construction.
policies, or 2. Retain biologist 2.
regulations, or by the to monitor creek
California crossing
Department ofFish activities.
and Game or U.S. 3. 3. Confirm Fish and Wildlife
Service? monitoring at
creek crossing.
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I
Conflict with any
I
local policies or
ordinances protecting
biological resources,
such as a tree i
preservation policy or
as defined by the City
of Palo Alto's Tree
Preservation
Ordinance
(Municipal Code
Section 8.10)?
Items a, Have a substantial BI0-5 Mitigation Measure BI0-5: General City City 1. Confirm 1. Design 1.
d adverse effect, either Measures to Reduce Impacts to Wildlife of of requirement is 2. Construction
directly or through . Species. The following shall be relevant to the Palo Palo included in 3. Construction
habitat modifications, following species: California red-legged frog, Alto's Alto plans and
on any species burrowing owl, and the California Clapper Rail. .contra specifications
identified as a All excavations left open overnight ctor the conditions
candidate, sensitive, • inBI0-5.
or special status will either be covered to prevent 2. If special-status
species in local or wildlife from becoming entrapped or wildlife found c2•
regional plans, will include escape ramps. In addition, in excavations, excavations must be inspected for policies, or wildlife at the start of each workday halt work and
regulations, or by the resume after it
California and prior to back filling. The USFWS leaves or
Department ofFish and/or CDFW will be contacted prior consult with
and Game or U.S. to removing or relocating any special-USFWS and/or status wildlife within the excavation. Fish and Wildlife CDFW prior to
Service? • Food items may attract wildlife into removing or construction areas, which would relocating
Conflict with any
expose them to construction-related species.
hazards. The construction areas will be local policies or maintained in a clean condition. All 3. Confirm 3.
ordinances protecting trash (e.g., food scraps, cans, bottles, compliance
biological resources, containers, wrappers, cigarette butts, with plans and
such as a tree and other discarded items) will be specifications.
preservation policy or placed in closed containers and
as defined by the City properly disposed of. of Palo Alto's Tree
150819 jb 0131480 57
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Preservation If an animal is found at a work site and is
Ordinance believed to be a protected species, work
(Municipal Code must be halted until the animal leaves of its
Section 8,10)? own accord or the USFWS and/or CDFW is
consulted to relocate the species. Care
shall be taken not to harm the species. No
wildlife or plant species will be handled-
and/or removed from the site by anyone
except approved biologists.
Items a, Have a substantial BI0-6 Mitigation Measure BI0-6: Borrowing Owl City City 1. Confirm 1. Design 1.
d adverse effect, either Pre-Construction Surveys. Pre-construction of of requirement is 2. Pre-construction
directly or through BUOW surveys will be conducted in suitable Palo Palo included in 3. Construction
habitat modifications, habitat for BUOW (i.e., in pastureland habitat Alto Alto plans and
on any species between Deer Creek Road and Hillview A venue or its specifications 4. Pre-construction/
identified as a and in the vicinity of the RWQCP) in contra the conditions Construction
candidate, sensitive, accordance with the recommendations and ctors inBI0-6.
or special status guidelines provided in the Staff Report on 2. Confirm pre-2. species in local or Burrowing Owl Mitigation (Department ofFish construction
regional plans, and Game, March 2012). If no BUOW or Burrowing Owl
policies, or BUOW sign is observed no further action will surveys are
regulations, or by the be required. lfBUOW or BUOW sign is conducted to
California observed then no disturbance will occur within determine
Department ofFish 160 feet of occupied burrows during the non-presence I
and Game or U.S. breeding season (September 1 through January absence. If no
Fish and Wildlife 31) or within 250 feet during the breeding BUOW/
Service? season (February 1 through August 31). A BUOW sign is
qualified biologist will be present in these observed, no
locations to monitor construction and ensure the further action is
BUOW is not disturbed. required.
3. If signs of 3.
Burrowing
Owls are
' observed,
ensure no
disturbance
within the
identified buffer
and have a
biologist
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present to
monitor
construction
4. Document 4. contractor has
complied with
plans and
specifications.
Items a, Have a substantial BI0-7 Mitigation Measure BI0-7: Buffer for City City 1. Confirm 1. Design 1.
d adverse effect, either California Clapper Rail or Survey. of of requirement is 2. Pre-construction
directly or through Construction activities within 500 feet of the Palo Palo included in 3. Pre-construction
habitat modifications, marshland habitat surrounding the RWQCP Alto Alto plans and
on any species will be conducted outside the breeding or its specifications 4. Construction
identified as a season for CCR (i.e., September 1 through contra the conditions
candidate, sensitive, January 31 ). If this is not feasible, a ctors that if
or special status qualified biologist will conduct protocol-level construction
species in local or surveys for CCR in accordance with the occurs within
regional plans, California Clapper Rail Draft Survey 500 feet of the
policies, or Protocol (USFWS 2000). A qualified marshland
regulations, or by the biologist is an individual who has habitat during
California experience conducting protocol-level CCR's breeding
Department ofFish surveys for CCR. Prior to commencement season, retain
and Game or U.S. of the surveys, the biologist will prepare a qualified
Fish and Wildlife brief letter report describing the survey biologist to
Service? design and submit it to the USFWS and the . conduct survey.
CDFW for review and approval. Upon the 2. Have biologist 2. I
Conflict with any completion of the surveys, results will be prepare a brief
submitted to the USFWS and CDFW for a local policies or final decision on the possibility of doing
letter report
ordinances protecting describing
biological resources, work during the breeding season for CCR. survey and
such as a tree submit to
preservation policy or USFWSand
as defined by the City CDFW(if
ofPalo Alto's Tree survey needed).
Preservation 3. Confirm 3.
Ordinance biologist
(Municipal Code conducts
Section 8.10)? protocol-level
surveys and
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submits results
toUSFWS and
CDFW.
4. Confirm 4. implementation
of final decision
fromUSFWS
andCDFW.
Items a, Have a substantial BI0-8 Mitigation Measure BI0-8: Measure to City City 1. Confirm 1. Design 1.
d adverse effect, either Protect Nesting Birds. If equipment staging, of of requirement is 2. Pre-construction
directly or through site preparation, grading, excavation, or other Palo Palo included in 3. Pre-construction
habitat modifications, project-related construction activities are Alto Alto plans and
on any species scheduled to occur during the avian nesting or its specifications. 4. Construction
identified as a season (generally February 1 to September 1), a contra 2. Confirm any 5. Pre-construction/ 2.
candidate, sensitive, focused survey for active nests will be ctors necessary Construction
or special status conducted by a qualified biologists within 15 surveys are
species in local or days prior to the beginning of project-related conducted.
regional plans, activities. Surveys will be conducted in all 3. If active nests
policies, or suitable habitat located at project work sites, and are found 3.
regulations, or by the in staging or storage areas. Surveys will be during the
California conducted at the appropriate times of day (e.g., survey, verifY
Department ofFish dawn or dusk), and during the appropriate installation of and Game or U.S. nesting times and will concentrate on areas of buffer and Fish and Wildlife suitable habitat. If a lapse in project-related completion of
Service? activities of 15 days or longer occurs, another
focused survey will be conducted. If no active monitoring.
nests are found, then no further mitigation is 4. VerifY 4.
Conflict with any required. If an active nest is found within the coordination
local policies or ·surveyed areas, an appropriate exclusion buffer withUSFWS
ordinances protecting will be established by a qualified biologist and and/or CDFW if
biological resources, the exclusion buffer will be maintained until the needed.
such as a tree young have fledged or will no longer be 5. Document 5.
preservation policy or impacted by the project. A qualified biologist contractor has as defined by the City will be present to monitor construction activities complied with
of Palo Alto's Tree in the vicinity of the nest and ensure the nesting plans and
Preservation
Ordinance species is not disturbed. If a species appears specifications.
(Municipal Code disturbed by construction activities (as
determined by a qualified biologist) work will Section 8.10)? be halted and the USFWS and/or CDFW will be
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consulted. Project activities will not resume
without approval from the USFWS and/or
CDFW.
Items a, Have a substantial BI0-9 Mitigation Measure BI0-9: Bat City City 1. Confirm 1. Design 1.
d adverse effect, either Preconstruction Surveys. Preconstruction of of requirement is 2. Pre-construction
directly or through day and night-roost surveys will be Palo Palo included in 3. Construction
habitat modifications, conducted to avoid impacts to bats. The Alto Alto plans and
on any species survey will be conducted by a qualified bat and specifications. 4. Construction
identified as a biologist following the protocol in the Bats its 2. For bridge 5. Pre-construction/ 2.
candidate, sensitive, and Bridges Technical Bulletin (Erickson et contra crossings, Construction
or special status al. 2003) to determine if bats are using the ctors confirm pre-
species in local or bridges as a roost site. If a roost is construction bat
regional plans, observed, the CDFW and/or USFWS will be roost surveys
policies, or consulted and additional mitigation are conducted.
regulations, or by the measures will be implemented. Example 3. If a roost is California measures include working during the observed Department ofFish daytime if night roosts are present, no document and Game or U.S. clearing or grubbing adjacent to the roost, 3.
Fish and Wildlife no work within 1 00 feet of the roost, no consultation
withCDFW
Service? lighting near the roost where it could shine and/or USFWS. on the roost structure. 4. Verify
Conflict with any implementation
local policies or of any measures 4. ordinances protecting specified by
biological resources, CDFWand
such as a tree USFWS.
preservation policy or 5. Document as defined by the City contractor has ofPalo Alto's Tree
Preservation complied with 5.
Ordinance plans and
(Municipal Code specifications.
Section 8.10)?
Items a, Have a substantial BI0-10 Mitigation Measure BI0-10: Bats City City 1. Confirm 1. Design 1.
d adverse effect, either Breeding Season Surveys. Construction of of requirement is 2. Pre-construction
directly or through activities near Adobe Creek crossing near Palo Palo included in 3. Pre-construction habitat modifications, Middlefield Road, the Barron Creek Alto Alto plans and
on any species crossing near Cowper Street, and the and specifications. 4. Construction
identified as a Matadero Creek crossing near Cowper its 5. Pre-construction/
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candidate, sensitive,
or special status
species in local or
regional plans,
policies, or
regulations, or by the
California
Department ofFish
and Game or U.S.
Fish and Wildlife
Service?
Conflict with any
local policies or
ordinances protecting
biological resources,
such as a tree
preservation policy or
as defined by the City
of Palo Alto's Tree
Preservation
Ordinance
(Municipal Code
Section 8.1 0)?
CULT~RESOIVRCES;~7:.; --~ --~ ,' -----;:--:;-c;---' ' --~<-
Item a Have the potential to
directly or indirectly
destroy a local
cultural resource that
is recognized by City
Council resolution?
150819 jb 0131480
Street will be scheduled to avoid the bat
breeding season (April through August) to
the extent feasible. If work in these
locations is required in the breeding season,
a survey for bats will be conducted. The
survey will be conducted by a qualified bat
biologist following the protocol in the Bats
and Bridges Technical Bulletin (Erickson et
al. 2003) to determine if bats are using the
bridges as a roost site. If a roost is
observed, the CDFW and/or USFWS will be
consulted and additional mitigation
measures will be implemented. Example
measures include excluding bats from
directly affected work areas or replacing the
roost location.
Should any previously undiscovered historic or
prehistoric archaeological deposits be
discovered during construction, work shall stop
within 50 feet of the discovery, until such time
that the discovery can be evaluated by a
qualified archaeologist and appropriate
mitigative action taken as determined necessary
in consultation with the lead Federal agency for
NHPA Section 106 compliance, in accordance
with 36 CFRPart 800.13, and the City.
Measures might include preserving in situ the
62
contra
ctors
and
its
contra
ctors
2. If construction I Construction I 2.
occurs during
the bat breeding
season, confirm
pre-construction
survey are
conducted.
3. If a roost is I I 3.
observed,
document
consultation
withCDFW
and/or USFWS.
4. If needed, I I 4.
document
implementation
of the measures
specified by
CDFWand
USFWS.
5. Document
contractor has
complied with I I 5.
plans and
specifications.
requirement is 2. Construction
Palo included in
Alto plans and 3. Construction
specifications. 4. Construction
2. Document I 2.
contractor has
complied with
plans and
specifications.
3. If archeological I I 3.
deposits are
DocuSign Envelope ID: DA401744-CCB8-4DC1-BC46-5715C093D31D
archaeological resource or an archaeological discovered
monitoring or data recovery program. during
Prehistoric archaeological site indicators include construction,
chipped chert and obsidian tools, and tool document that
manufacturing waste flakes, grinding appropriate
implements such as mortars and pestles, and action is taken.
darkened soil that contains dietary debris such as 4. If human 4.
bone fragments and shellfish remains. Historic remains, or
site indicators include, but are not limited to, possible
ceramics, glass, wood, bone, and metal remains. remains are
Section 7050.5(b) of the California Health and located, confirm
Safety code will be implemented in the event implementation
that human remains, or possible human remains, of California
are located during Project-related construction Health and
excavation. Section 7050.5(b) states: Safety code
In the event of discovery or section
recognition of any human remains 7050.5(b).
in any location other than a
dedicated cemetery, there shall be
no further excavation or disturbance
of the site or any nearby area
reasonably suspected to overlie
adjacent remains until the coroner
of the county in which the human
remains are discovered.has
determined, in accordance with
Chapter 10 (commencing with
Section 27460) of Part 3 of Division
2 of Title 3 of the Government
Code, that the remains are not
subject to the provisions of Section
27 492 of the Government Code or
any other related provisions of law
concerning investigation of the
circumstances, manner and cause
of death, and the recommendations
concerning treatment and
disposition of the human remains
have been made to the person
responsible for the excavation, or to
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his or her authorized representative,
in the manner provided in Section
5097.98 of the Public Resources
Code.
The County Coroner, upon recognizing the
remains as being ofNative American origin, is
responsible for contacting the Native American
Heritage Commission (NAHC) within 24 hours.
The Commission has various powers and duties
to provide for the ultimate disposition of any
Native American remains, as does the assigned
Most Likely Descenda11-t. Sections 5097.98 and
5097.99 of the Public Resources Code also call
for-protection from inadvertent destruction. To
achieve this goal, the construction personnel on
the Project would be instructed as to the
potential for discovery of cultural or human
remains, the need for proper and timely
reporting of such finds, and the consequences of
failure thereof.
ltemb Cause a substantial --See Cultural Resources Item a above
adverse change in the
significance of an
archaeological
resource pursuant to
15064.5?
Item c Have the potential to --Protection of Paleontological Resources City City 1. Confirm 1. Design 1.
directly or indirectly If paleontological resources are discovered of of requirement is 2. Construction
destroy a unique during earthmoving activities, the construction Palo Palo included in '
paleontological Alto Alto plans and
resource or site or crew would immediately cease work near the and specifications.
unique geologic find. In accordance with Society ofVertebrate its 2. If 2. Paleontology guidelines (Society ofVertebrate feature? Paleontology 201 0), a qualified paleontologist contra paleontological
would assess the nature and importance of the ctors resources are
find and recommend appropriate salvage, discovered,
treatment, and future monitoring and mitigation. document
appropriate
treatment. I
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Itemd Have the potential to --See Cultural Resources Item a above
disturb any human
remains, including
those interred outside
of formal cemeteries?
Item e Have the potential to --See Cultural Resources Item a above -adversely affect a
historic resource
listed or eligible for
listing on the
National and/or
California Register,
or listed on the City's
Historic Inventory?
Item f Have the potential to --See Cultural Resources Item a above
eliminate important
examples of major
periods of California
history or prehistory?
Items a, Have the potential to CR-1 Mitigation Measure CR-1: Subsurface City City 1. Document 1. Design, upon 1.
b, d, e, f directly or indirectly Testing. A program of sub-surface testing shall of of completion of selection of the
destroy a local be conducted to determine whether buried Palo Palo sub-surface construction
cultural resource that resources are present within the areas of high or Alto Alto testing. methods.
is recognized by City high to moderate archaeological sensitivity that and 2. If resources are 2. Pre-construction 2.
Council resolution? will be impacted by Project construction. Only its present and 3. Pre-construction/
those locations where design confirms that the contra avoidance is not Construction
Cause a substantial proposed pipeline would be buried at ctors feasible,
adverse change in the archaeologically sensitive locations will require document
significance of an subsurface testing. A testing program will be completion of
archaeological developed to determine the best approach for ARDP.If
resource pursuant to each location, considering the physical findings are
15064.5? constraints of the urban setting (e.g., structures, positive,
traffic). The testing program could consist of confirm an
multiple core extractions at individual sites; the ADRPis
Have the potential to locations and depths of the bore holes would be developed in
disturb any human determined on the basis of projected depths of consultation
remains, including excavation at the individual work areas. A with relevant
those interred outside qualified archaeologist would monitor the agencies which I of formal cemeteries? testing efforts, and inspect the cores for identify
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prehistoric archaeological site indicators (e.g., appropriate
Have the potential to chipped chert and obsidian tools, and tool measures. 3.
adversely affect a manufacturing waste flakes, grinding 3. Confirm
historic resource implements such as mortars and pestles, and implementation
listed or eligible for darkened soil that contains dietary debris such as of the measures
listing on the bone fragments and shellfish remains) and identified in the
National and/or historic site indicators (e.g., ceramics, glass, ADRP.
California Register, wood, bone, and metal remains).
or listed on the City's lfthe findings of the subsurface testing are
Historic Inventory? negative, then no further actions (e.g., further
testing or archaeological monitoring) would be
Have the potential to recommended as necessary for NHP A Section
106 compliance, although consultation with eliminate important SHPO would still be needed to formally examples of major complete the Section 106 process. periods of California
history or prehistory? If the findings of the subsurface testing are
positive (and avoidance of the
archaeological site is not feasible or
practicable through project redesign}, then a
qualified archaeologist will develop an
archeological data recovery plan (ADRP) in
consultation with the City, the lead Federal
agency, the SHPO and other appropriate
consulting parties, as applicable, in
accordance with the requirements of 36
CFR Part 800. The ADRP shall identify how
the proposed data recovery program will
used to evaluate and preserve the
significant information the archaeological
resource is expected to contain. That is, the
ADRP will identify what scientific/historical
research questions are applicable to the
expected resource, what data classes the
resource is expected to possess, and how
the expected data classes would address
the applicable research questions.
Implementation of the ADRP through the
development and execution of an
appropriate aqreement document by the
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lead Federal agency, the SHPO, the City,
and any other identified signatories, would
satisfy the requirements of NHPA Section
106 as outlined at 36 CFR § 800.6.
Whether the results of subsurface testing
are. negative or positive, if Federal funding
for the Project is approved, full compliance
with Section 106 of the NHPA as
determined by the lead Federal agency will
be required prior to Project construction.
~y'E:OLOG\"~2§fliLS, ang;§EISMIQITY ·. <~)~ . .··. ·}'':· ·.f'.\i;f:·;·~···· ·""/' •· .. ·
. ····~·· .. ~~ .•. ·····:.·.;>.
. ·······~. < •• t.•~.·
Item a Have the potential to --Geologic Report for Potentially Affected City City 1. Document 1. Design 1.
expose people or Facilities of of preparation of 2. Design structures to potential During the design phase for the Project, the City Palo Palo Geologic
substantial adverse Alto Alto Report.
effects, including the shall require preparation of a Geologic Report and 2. Document 2.
risk of loss; injury, or by a geologist registered in the State of its incorporation of California for facilities that could be affected by death involving seismic-related hazards or unstable soils (e.g., contra recommendatio rupture of a known liquefaction and expansive soils). ctors ns in plans and earthquake fault,
groundshaking, • The Geologic specifications.
liquefaction or. Report shall include an engineering analysis of
landslides? liquefaction and the potential for expansive soils
at the pump stations. This assessment shall
include a liquefaction assessment study in
accordance with the California Geological
Survey Special Publication 117 Guidelines. If
this report finds unstable soils" would present
potential risks associated with liquefaction,
engineering recommendations for surface and
subsurface drainage specifications and detailed
design for fill placement and excavation shall be
provided.
Itemb Result in substantial --See HYD-1 for Best Management Practices-Stormwater Quality
soil erosion or the
loss of topsoil
Itemc Result in substantial --See HYD-1 for Best Management Practices-Stormwater Quality
siltation.
--------
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Itemd Be located on a --See Geology and Soils Item a above.
geologic unit or soil
that is unstable, or
that would become
unstable as a result of
the project, and
potentially result in
on-or off-site
landslide, lateral
spreading,
subsidence,
liquefaction or
collapse.
Item e Be located on --See Geology and Soils Item a above.
expansive soil, as
defined in Table 18-
1-B of the Uniform
Building Code
(I994), creating
substantial risks to
life or property.
;,y~ENHO:t:J;SE GAS,EMIS$J€>,NS . .. · .'110<'1' /,,!;;.: ••... < •• · .• .,, •••.•. .··. · .. ··· :·•12)~~. t::> ·.; .. ~ •• ; •• i.e., .. ·.· .1•;). . '~r.> ;, <<; '•
Item a Have the potential to AIR-I See above for AIR-1 information.
generate greenhouse See Air Quality Item a above. gas emissions, either
directly or indirectly,
that may have a
significant impact on
the environment?
Itemb Have the potential to AIR-I See above for AIR-1 information.
conflict with any See Air Quality Item a above.
applicable plan, i
policy or regulation
of an agency adopted
for the purpose of
reducing the
emissions of
greenhouse gases?
-
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HAZARDS an<IHAZARDOT:JS MA'EERI.ALS /''',,' '~F ' ' ;' ',,,' ,'',;~;~, ,','';:?• +,z '~~>, ,,' ',,,'.,,
Item a Have the potential to --See Biological Resources Item a for Health and Safety and Hazardous Materials Management and Spill Prevention Control
create a significant Plans
hazara to the public See HYD-1 for Discharge of Exceptional Wastewater
or the environment
through the routine
transport, use, or
<Jisposal ofhazar<Jous
materials.
Item a Have the potential to --Storage, Handling, and Use of Hazardous City City 1. Confirm 1. Design 1.
create a significant Materials in Accordance with Applicable of of requirements 2. Construction hazard to the public Laws Palo Palo are inclu<Je<J in
or the environment The City shall ensure that all construction-Alto Alto plans an<l
through the routine relate<J hazar<Jous materials ana hazar<Jous an <I specifications.
transport, use, or wastes are stored, handled, an<l use<J in a manner its 2. Confirm 2.
<Jisposal ofhazardous consistent with applicable fe<Jeral, state, an<l contra measures are materials. local laws, an<J the City ofPalo Alto's Pollution ctors implemented
Prevention plan sheet. In a<J<Jition, construction-<Juring
related hazar<Jous materials an<l hazar<Jous construction.
wastes shall be staged and store<J away from
stream channels ana steep banks to keep these
materials a safe distance from near-by resi<Jents
ana prevent them from entering surface waters
in the event of an acci<Jental release.
Item a Have the potential to --Proper Disposal of Contaminated Soil and/or City City 1. Confirm 1. Design 1.
create a .significant Groundwater of of requirements 2. Construction hazara to the public If contaminate<J soil and/or groun<Jwater is Palo Palo are included in
or the environment encoimtere<J or if suspecte<J contamination is Alto Alto plans ana
through the routine encountere<J <Juring Project construction, work and specifications.
transport, use, or shall be halte<J in the area, an<l th_e type ana its 2. Confirm 2.
<lisposal of hazar<Jous extent of the contamination shall be i<Jentifie<J. contra measures are materials. A contingency plan to <Jispose of any ctors implemente<J
contaminate<J soil or groundwater would be during
developed through consultation with appropriate construction.
regulatory agencies and consistent with the
requirements of the City ofPalo Alto's Pollution
Prevention plan sheet and RWQCP's permit
_ _requirements for discharge of exceptional
150819 jb 0131480 69
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wastewater to the sanitary sewer I I I I
Item b Have the potential to --See Hazards and Hazardous Materials Item a above
create a significant
hazard to the public
or the environment
through reasonably
foreseeable upset and
accident conditions
involving the release
of hazardous
materials into the
environment?
Itemc Have the potential to --See Hazards and Hazardous Materials Item a above
emit hazardous
emissions or handle
hazardous or acutely
hazardous materials,
substances, or waste
within one-quarter
mile of an existing or
proposed school?
Item e Located on a site --See Hazards and Hazardous Materials Item a above
which is included on a list of hazardous
materials sites
compiled pursuant to
Government Code
Section 65962.5 and,
as a result, would
create a significant
hazard to the public
! or the environment?
Itemh Have the potential to --Traffic Control Plan City City 1. Confirm 1. Design 1.
impair The City's Transportation Section would require of of requirements 2. Construction implementation of or the contractor to have a full traffic control plan Palo Palo are included in
physically interfere prepared by a registered traffic engineer. The Alto Alto plans and
with an adopted and specifications.
emergency response traffic control plan shall be in accordance with its 2. Confirm 2. the City's Traffic Control Requirements and plan or emergency would show specific methods for maintaining contra measures are
~ -
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evacuation plan? traffic flows to minimize construction impacts ctors implemented
on traffic and parking. There are several schools during
in the vicinity of the Project. These areas would construction.
be evaluated more closely to determine whether
the traffic control plan is appropriate or if
additional measures are needed specific to
school areas. Examples of traffic control
measures to be considered include:
• Identify all roadway locations where
special construction techniques (e.g.,
directional drilling) would be used to
minimize impacts to traffic flow;
• Develop circulation and detour plans to
minimize impacts to local street.
circulation. This may include the use of
signing and flagging to guide vehicles
through and/or around the construction
zone;
• Schedule truck trips outside of peak
morning and evening commute hours;
• Prohibit construction on collector and
arterial streets during morning
commute period before 9 a.m. and in
the afternoon commute period after 4
p.m.;
• Use haul routes, minimizing truck
traffic on local roadways to the extent
possible;
• Consider detours for bicycles and
pedestrians in all areas potentially
affected by Project construction.
Pedestrian and bicycle detours should
not be required unless deemed
necessary for safety reasons;
• Use flagmen to maintain alternating
one-way traffic while working on one-
half ofthe street;
• Use advance construction signs and
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other public notices to alert drivers of
activity in the area;
• Use "positive guidance" detour signing
on alternate access streets to minimize
inconvenience to the driving public;
• Install traffic control devices as
specified in the California Department
of Transportation Manual of Traffic
Controls for Construction and
Maintenance Work Zones;
• Develop and implement access plans
for highly sensitive land uses such as
police and fire stations, transit stations,
hospitals and schools. The access plans
would be developed with the facility
owner or administrator. To minimize
disruption of emergency vehicle access,
ask affected jurisdictions to identify
detours, which would then be posted by
the contractor. Notify in advance the
facility owner or operator of the timing,
location, and duration of construction
activities and the locations oflane
closures;
• Store construction materials only in
designated areas; and
• Coordinate with local transit agencies
for temporary relocation of routes or
bus stops in work zones, as necessary.
• Establish methods for minimizing for
construction effects on parking (e.g.,
identifying designated areas for
construction worker parking at staging
areas).
NOISE
Item a Have the potential to --Compliance with Local Noise Ordinance City City 1. Confirm 1. Design 1.
expose persons to or According to the City of Palo Alto's Noise of of requirements 2. Construction
150819 jb 0131480 72
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generate noise levels Ordinance (Palo Alto Municipal Code Chapter Palo Palo are included in
in excess of standards 9.10), for residential and non-residential Alto Alto plans and
established in the property, construction, alteration and repair and specifications. 2.
local general plan or activities which are authorized by a valid city its 2. Confirm
noise ordinance, or building permit shall be prohibited on Sundays contra measures are
applicable standards and holidays and shall be prohibited except ctors implemented .
of other agencies? between the hoursof8:00 a.m. and 6:00p.m. during
Monday through Friday, and 9:00 a.m. and 6:00 construction.
p.m. on Saturday, provided that the construction,
demolition or repair activities during those hours
meet the following standards:
• No individual piece of equipment shall
produce a noise level exceeding 110
dBA at a distance of25 feet. Ifthe
device is housed within a structure on \
the property, the measurement shall be
made outside the structure at a distance
as close to 25 feet from the equipment
as possible.
• The noise level at any point outside of
the property plane of the Project shall
not exceed 110 dB A.
• The holder of a valid construction
permit for a construction project in a
non-residential zone shall post a sign at
all entrances to the construction site
upon commencement of construction,
for the purpose of informing all
contractors and subcontractors, their
employees, agents, materialmen and all
other persons at the construction site, of
the basic requirements of this measure.
0 The sign(s) shall be posted at
least five 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.
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0 The sign shall read as follows:
•
CONSTRUCTION HOURS
FOR RESIDENTIAL (OR NON-
RESIDENTIAL) PROPERTY
(Includes Any and All Deliveries)
MONDAY-FRIDA Y ........ 8:00 a.m. to 6:00
p.m.
SATURDAY. ........ 9:00 a.m. to 6:00p.m.
SUNDAY /HOLIDAYS ........ Construction
prohibited.
1. Document 1. Design 1. City City Item a Have the potential to --Pump Station Design/Noise of of completion of 2. Post-Construction expose persons to or For the pump station at the Mayfiel~ ~occ~r Palo Palo acoustical generate noise levels Fields, a detailed analysis of the bmldmgs Alto Alto analysis and in excess of standards sound isolation would be conducted by a and incorporation of established in the qualified acoustical consultant d~g the its measures in local general plan or engineering design phase of the proJect. A post-contra design. noise ordinance, or construction field sound measurement shall be ctors 2. Verify that 2. applicable standards conducted by an acoustical consultant to verify operational of other agencies? that the project operational noise standards are noise levels are in compliance with relevant City noise in compliance standards. with City noise
standards.
Item c Have the potential to --See Noise Item a above
create a substantial
permanent increase in
ambient noise levels
in the project vicinity
above levels existing
without the project?
Itemd Have the potential to --See Noise Item a above
create a substantial
temporary or periodic
increase in ambient
noise levels in the
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project vicinity above
levels existing
without the project?
Itemg Have the potential to --See Noise Item a above
cause the average 24
hour noise level
(Ldn) to increase by
5.0 decibels (dB) or
more in an existing
residential area, even
if the Ldn would
remain below 60 dB?
Itemh Have the potential to --See Noise Item a above
cause the Ldn to '
increase by 3.0 dB or
more in an existing
residential area,
thereby causing the
Ldn in the area to
exceed 60 dB?
Item i Have the potential to --See Noise Item a above
cause the Ldn to
increase by 3.0 dB or
more in an existing
residential area,
thereby causing the
Ldn in the area to
exceed 60 dB?
Itemj Result in indoor noise --See Noise Item a above
levels for residential
development to
exceed an Ldn of 45
dB?
Itemk Result in --See Noise Item a above
instantaneous noise
levels of greater than
50 dB in bedrooms or
I 55 dB in other rooms
in areas with an
150819 jb 0131480 75
DocuSign Envelope 10: DA401744-CCB8-4DC1-BC46-5715C093D31D
exterior Ldn of 60 dB
or greater?
Item I Generate construction --See Noise Item a above
noise exceeding the
daytime background
Leq at sensitive
receptors by 10 dB A
or more?
Items a, Have the potential to NOI-2 Mitigation Measure NOI-1: Noise City City 1. Confirm 1. Design. 1.
c, d,g, expose persons to or Control Measures to Reduce of of requirement is 2. Construction
h, i,j, k, generate noise levels Construction Noise. The City shall Palo Palo included in
I in excess of standards incorporate into contract specifications all of Alto Alto plans and
established in the the following measures: and specifications.
local general plan or Impact equipment (e.g., jack hammers, its 2. Document 2. • noise ordinance, or pavement breakers, and rock drills) contra contractor has
applicable standards ctors complied with of other agencies? used for project construction will be plans and hydraulically or electrically powered
whenever possible to avoid noise specifications.
Have the potential to associated with compressed air exhaust
create a substantial from pneumatically powered tools.
permanent increase in However, where use of pneumatically
ambient noise levels powered tools is unavoidable, an
in the project vicinity exhaust muffler on the compressed air
above levels existing exhaust would be used. This muffler
without the project? can lower noise levels from the exhaust
by up to 10 dBA. External jackets on
Have the potential to the tools themselves would be used
create a substantial where feasible, and this could achieve a
temporary or periodic reduction of 5 dBA. Quieter procedures
increase in ambient . will be used such as drilling rather than
noise levels in the impact equipment whenever feasible.
project vicinity above • Wherever possible, sonic or vibratory
levels existing pile drivers will be used instead of
without the project? impact pile drivers. If sonic or
vibratory pile drivers are not feasible,
Have the potential to acoustical enclosures will be provided
as necessary to reduce noise levels. cause the average 24 Engine and pneumatic exhaust controls hour noise level on pile drivers vv:ill be required as
150819 jb 0131480 76
DocuSign Envelope ID: DA401744-CCB8-4DC1-BC46-5715C093D31D
(Ldn) to increase by necessary to ensure that exhaust noise
5.0 decibels (dB) or from pile driver engines are minimized
more in an existing to the extent feasible. Where feasible,
residential area, even pile holes will be pre-drilled to reduce
if the Ldn would potential noise and vibration impacts.
remain below 60 dB? • All equipment and trucks used for
project construction shall use the best
Have the potential to available noise control techniques
cause the Ldn to (including mufflers, use of intake
increase by 3.0 dB or silencers, ducts, engine enclosures and
more in an existing acoustically attenuating shields or
residential area, shrouds) and be maintained in good
thereby causing the operating condition to minimize
Ldn in the area to . construction noise impacts. All internal
exceed 60 dB? combustion engine-drive equipment
shall be fitted with intake and exhaust
mufflers which are in good condition.
Have the potential to
cause an increase of • Unnecessary idling of internal
3.0 dB or more in an combustion engines shall be prohibited.
existing residential In practice, this would mean turning off
area where the Ldn equipment if it would not be used for
currently exceeds 60 five or more minutes.
dB? • Stationary noise-generating
construction equipment, such as air
Result in indoor noise compressors and generators, shall be
levels for residential located as far as possible from homes
development to and businesses.
exceed an Ldn of 45 • Staging areas shall be located as far as
dB? feasibly possible from sensitive
receptors.
Result in
instantaneous noise
levels of greater than
50 dB in bedrooms or
55 dB in other rooms
in areas with an
exterior Ldn of 60 dB
or greater?
150819 jb 0131480 77
DocuSign Envelope ID: DA401744-CCB8-4DC1-BC46-5715C093D31D
Generate construction
noise exceeding the
daytime background
Leq at sensitive
receptors by 10 dB A
or more?
Items a, Have the potential to NOI-3 Mitigation Measure NOI-2: Pre-City City 1. Confirm written 1. Pre-construction 1.
c, d,g, expose persons to or Construction Notification. Prior to of of notifications are
h, i,j, k, generate noise levels construction, written notification to residents Palo Palo sent to residents
I in excess of standards within 500 feet of the proposed facilities Alto Alto within 500 feet
established in the undergoing construction shall be provided, of the
local general plan or identifying the type, duration, and frequency construction
noise ordinance,. or of construction activities. Notification area.
applicable standards materials shall also identify a mechanism for
of other agencies? residents to register complaints with the City
if construction related noise impacts should
Have the potential to occur.
create a substantial
permanent increase in
ambient noise levels
in the project vicinity
above levels existing
without the project?
Have the potential to
create a substantial
temporary or periodic
increase in ambient
noise levels in the
project vicinity above
levels existing
without the project?
Have the potential to
cause the average 24
hour noise level I (Ldn) to increase by
150819 jb 0131480 78
DocuSign Envelope ID: DA401744-CCB8-4DC1-BC46-5715C093D31D
5.0 decibels (dB) or
more in an existing
residential area, even
if the Ldn would
remain below 60 dB?
Have the potential to
cause the Ldn to
increase by 3.0 dB or
more in an existing
residential area,
thereby causing the
Ldn in the area to
exceed 60 dB?
Have the potential to
cause an increase of
3.0 dB or more in an
existing residential
area where the Ldn
currently exceeds 60
dB?
Result in indoor noise
levels for residential
development to
exceed an Ldn of 45
dB?
Result in
instantaneous noise
levels of greater than
50 dB in bedrooms or
55 dB in other rooms
in areas with an
exterior Ldn of 60 dB
or greater?
. 150819 jb 0131480 79
DocuSign Envelope ID: DA401744-CCB8-4DC1-BC46-5715C093D31 D
Generate construction
noise exceeding the
daytime background
Leq at sensitive
receptors by 1 0 dB A
or more?
Items a, Have the potential to NOI-3 Mitigation Measure NOI-3: Design of the City City 1. Confirm 1. Design 1.
c, d,g, expose persons to or Pump Station to Reduce Noise. To ensure of of requirements 2. Construction
h, i,j, k, generate noise levels .the proposed pump station complies with Palo Palo are included in
I in excess of standards the City's noise standards, structure Alto Alto plans and
established in the openings, including air ventilation would and specifications.
local general plan or employ acoustical rated louvers, silencers, its 2. Confirm 2.
noise ordinance, or or other noise-reduction devices, as contra construction
applicable standards appropriate, to reduce noise propagation to ctors complies with
of other agencies? the outside of the building. design
requirements.
Have the potential to
create a substantial
permanent increase in
ambient noise levels
in the project vicinity
above levels existing
without the project?
Have the potential to
create a substantial
temporary or periodic
increase in ambient
noise levels in the
project vicinity above
levels existing
without the project?
Have the potential to
cause the average 24
hour noise level
(Ldn) to increase by
5.0 decibels (dB) or
150819 jb 0131480 80
DocuSign Envelope 10: DA401744-CCB8-4DC1-BC46-5715C093031D
more in an existing
residential area, even
if the Ldn would
remain below 60 dB?
Have the potential to
cause the Ldn to
increase by 3.0 dB or
more in an existing
residential area,
thereby causing the
Ldn in the area to
exceed 60 dB?
Have the potential to
cause an increase of
3.0 dB or more in an
existing residential
area where the Ldn
currently exceeds 60
dB?
Result in indoor noise
levels for residential
development to
exceed an Ldn of 45
dB?
Result in
instantaneous noise
levels of greater than
50 dB in bedrooms or
55 dB in other rooms
in areas with an
exterior Ldn of 60 dB
or greater?
Generate construction
150819 jb 0131480 81
DocuSign Envelope ID: DA401744-CCB8-4DC1-BC46-5715C093D31D
noise exceeding the
daytime background
Leq at sensitive
receptors by 10 dB A
or more?
TRANSPOR.TAIJON ANDTRAF'FIDz~~L ..•. ). 'L~L.;·L S;; ·· .. <·; .. ;"~ . . " ;••> i;·· .. ·.· ..
~< .-~ . ~{; . ;· ·.•. L ·.;> ;··;·. ;/> .. ;·: . •£ ·• .·z .L <.•
Item a Have the potential to --See Hazards and Hazardous Materials Item h above for Traffic Control Plan
exceed the capacity
of the existing
circulation system,
based on an
applicable measure of
effectiveness (as
designated in a
general plan policy,
ordinance, etc.),
taking into account
all relevant ....
components of the
circulation system,
including but not
limited to
intersections, streets,
highways and
freeways, pedestrian
and bicycle paths,
and mass transit?
Item a Have the potential to --Restoration of Roads to Pre-construction City City 1. Confirm 1. Design 1.
exceed the capacity Condition of of requirements 2. Post-construction
of the existing Following construction, the City shall ensure Palo Palo are included in
circulation system, Alto Alto plans and
based on an that road surfaces, bicycle routes, and bus stop and specifications.
applicable measure of facilities that are damaged during construction its 2. Confirm 2. are returned to their pre-construction condition effectiveness (as or better. contra completion of
designated in a ctors road restoration.
general plan policy,
ordinance, etc.),
taking into account
all relevant
150819 jb 0131480 82
DocuSign Envelope 10: DA401744-CCB8-4DC1-BC46-5715C093031 D
components of the
circulation system,
including but not
limited to I intersections, streets,
highways and
freeways, pedestrian
and bicycle paths,
and mass transit? I
Item b Conflict with an --See Hazards and Hazardous Materials Item h above for Traffic Control Plan and Transportation and Traffic Item a
applicable congestion
management
program, including
but not limited to
level of service
standards and travel I
demand measures, or
other standards
established by the
county congestion
. management agency
for designated roads
or highways?
Items a, Have the potential to TRA-2 Mitigation Measure TRA-1: CMP Facilities. City City 1. Document 1. Design 1.
b exceed the capacity The City shall work with VT A to determine of of consultation 2. Design
of the existing when peak hour traffic starts on Page Mill Road, Palo Palo with VTA. 3. Construction circulation system, a CMP facility. If peak hour traffic starts around Alto Alto 2. Confirm
based on an 3 p.m. on this road, then the City shall prohibit and appropriate 2.
applicable measure of construction on this roadway after 3 p.m. its requirement is
effectiveness (as contra included in
designated in a ctors plans and
general plan policy, specifications.
ordinance, etc.), 3. Document taking into account contractor has 3.
all relevant
components of the complied with
circulation system, plans and
including but not specifications.
limited to
intersections, streets,
150819 jb 0131480 83
DocuSign Envelope ID: DA401744-CCB8-4DC1-BC46-5715C093D31D
highways and
freeways, pedestrian
and bicycle paths,
and mass transit?
Conflict with an
applicable congestion
management
program, including
but not limited to
level of service
standards and travel
demand measures, or
other standards
established by the
county congestion
management agency
for designated roads
or highways?
Itemd Substantially increase --See Hazards and Hazardous Materials Item h above for Traffic Control Plan
hazards due to a
design feature (e.g.,
sharp curves or
dangerous
intersections) or
incompatible uses
(e.g., farm
equipment)?
Iteme Result in inadequate --See Hazards and Hazardous Materials Item h above for Traffic Control Plan
emergency access?
Itemf Have the potential to --See Hazards and Hazardous Materials Item h above for Traffic Control Plan
result in inadequate
parking capacity that
impacts traffic
circulation and air
quality?
Item f Have the potential to TRA-2 Mitigation Measure TRA-2: Coordinate I City I City 11. Document 11. Pre-construction II. result in inadequate construction with Businesses. To reduce the of of coordination
150819 jb 0131480 84
DocuSign Envelope ID: DA401744-CCB8-4DC1-BC46-5715C093D31D
parking capacity that disruption of business from the temporary Palo Palo with businesses.
impacts traffic reduction of parking, the City shall coordinate Alto Alto
circulation and air with individual businesses on the timing of
quality? construction.
Itemg Conflict with adopted --See Hazards and Hazardous Materials Item h above for Traffic Control Plan
policies, plans, or
programs supporting
alternative
transportation (e.g.,
pedestrian, transit &
bicycle facilities)?
Itemn Impede the --See Hazards and Hazardous Materials Item h above for Traffic Control Plan
development or
function of planned
pedestrian or bicycle
facilities?
Itemo Impede the operation --See Hazards and Hazardous Materials Item h above for Traffic Control Plan
of a transit system as
a result of
congestion?
'-----~~----'----
150819 jb 0131480 85
Certificate Of Completion
Envelope Number: DA401744CCB84DC1BC465715C093D31D
Subject: Please DocuSign: RESO 9548 Certifying EIR Recycled Water.pdf
Source Envelope:
Document Pages: 85
Certificate Pages: 5
AutoNav: Enabled
Envelopeld Stamping: Enabled
Record Tracking
Status: Original
10/1/2015 3:58:53 PM PT
Signer Events
Cara Silver
cara.silver@cityofpaloalto.org
Senior Assistant City Attorney
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/15/2015 5:07:16 PM PT
ID: 11910ed1-61d1-4ff3-9cf9-f4eb5a0768e2
Hillary Gitelman
hillary .gitelman@cityofpaloalto.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered ·
ID:
James Keene
james.keene@cityofpaloalto.org
City Manager
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 4/14/2015 5:40:07 PM PT
ID: 44fe333a-6a81-4cb 7 -b 7d4-9254 73ac82e3
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Signatures: 3
Initials: 0
Holder: Tabatha Boatwright
tabatha.boatwright@cityofpaloalto.org
Signature
(/DocuSigned by: ~~o!i::. ..
Using IP Address: 199.33.32.254
raDocuSignad by:
~:::t~~
Using IP Address: 199.33.32.254
Using IP Address: 24.7.29.7
Signature
Status
Status
Status
Status·
Status
Docu~.
Status: Completed
Envelope Originator:
Tabatha Boatwright
250 Hamilton Ave
Palo Alto, CA 94301
tabatha.boatwright@cityofpaloalto.org
.IP Address: 199.33.32.254
Location: DocuSign
·Timestamp
Sent: 10/1/2015 4:03:25 PM PT
Viewed: 10/1/2015 4:17:23 PM PT
Signed: 10/1/2015 4:18:08 PM PT
Sent: 10/1/2015 4:18:10 PM PT
Viewed: 10/5/2015 8:44:19 AM PT
Signed: 10/5/2015 8:45:49 AM PT
Sent: 10/5/2015 8:45:51 AM PT
Viewed: 10/12/2015 4:03:47 PM PT
Signed: 10/12/2015 4:04:25 PM PT
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
iii SE(;UJIIIII