HomeMy WebLinkAboutRESO 9683170612 jb AY/Planning/San Antonio
Resolution No. 9683
Resolution of the Council of the City of Palo Alto Certifying the Final Environmental
Impact Report, Adopting a Statement of Overriding Considerations, and Mitigation
Monitoring and Reporting Program in Accordance with the California Environmental
Quality Act for the 744750 San Antonio Road Hotels Project
The Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. Introduction and Certification.
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 744750 San Antonio Road Hotels Project Final Environmental Impact Report (State
Clearinghouse No. 2016022065) (the "Final EIR"), which includes the Draft Environmental Impact
Report ("Draft EIR"). The Final EIR addresses the environmental impacts of the implementation of the
744750 San Antonio Road Hotels 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.
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.
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. T2 Development is the
Project applicant.
The City exercised its independent judgment in accordance with Public Resources Code
section 20182.l(c), in retaining the independent consulting firm David J. Powers & Associates, Inc.
("Powers & Associates") to prepare the Final EIR, and Powers & Associates prepared the Final EIR
under the supervision and at the direction of the City's Director of Planning and Community
Environment.
The City, through Powers & Associates, initially prepared the Draft EIR and circulated it
for review by responsible and trustee agencies and the public and submitted it to the State
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Clearinghouse for review and comment by state agencies, for a comment period that ran from
March 27, 2017, through May 10, 2017. Comments were received and revisions were made to the
Final EIR.
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.
Section 6 of the Final EIR shows all revisions which the Final EIR made to the Draft EIR.
All references to the Draft EIR in these findings include references to all revisions to the Draft EIR made
in the Final EIR. 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.
Project Objectives
The Project Objectives of the Project applicant are set forth in Section 2.4 of the Draft EIR,
which is incorporated herein by reference.
Project Description
The project proposes to demolish the existing onsite structures and other improvements and
construct two, fivestory hotel buildings with shared amenity facilities and two levels of belowgrade
parking. The proposed hotels would include a 151room Courtyard by Marriott hotel (Courtyard Hotel)
and a 143room AC by Marriott hotel (AC Hotel), for a total of 294 new hotel rooms. The project is
anticipated to employ up to 50 people with 12 to 15 staff on site at any one time, including front desk,
food and beverage, housekeeping, and engineering staff.
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The two proposed hotel buildings would be differentiated by branding, including interior and
exterior colors and material uses. The proposed shared interior courtyard would incorporate amenities
for the hotel guests, including a swimming pool, patio areas, and outdoor seating spaces. Associated
landscaping, solid waste and recycling enclosures, parking shadestructures/solar panels, and vehicular
access ramp to garage would also be constructed as part of the project.
A conceptual site plan of the proposed Project is shown on Figure 2.31. Conceptual elevations
of the buildings are shown on Figures 2.32 through 2.34. (All references to figures and tables are to
those appearing in the Draft EIR, as modified where applicable in the Final 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.
Required Approvals
The approvals required by the City as lead agency for implementation of the Project include:
Architectural Review
Lot Merger (Certificate of Compliance)
Demolition Permit
Building Permits
Encroachment Permit
SECTION 3. Record of Proceedings.
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:
The Final EIR, which consists of the 744750 San Antonio Road Hotels Project Draft
Environmental Impact Report, published and circulated for public review and comment
by the City from March 27, 2017 through May 10, 2017 (the "Draft EIR"), and the 744
750 San Antonio Road Hotels Final Environmental Impact Report, published and made
available on May 31, 2017, and all appendices, reports, documents, studies,
memoranda, maps, testimony, and other materials related thereto;
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 workshops held to seek public comments and input on the Project and the
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Notice of Preparation, Notice of Completion, Notice of Availability;
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;
The Mitigation Monitoring and Reporting Program;
All findings and resolutions adopted by the City Council in connection with the Project,
and all documents cited or referred to therein;
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;
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;
Matters of common knowledge to the City of Palo Alto, including, but not limited to,
federal, state, and local laws and regulations;
Any documents expressly cited in these findings, in addition to those cited above; and
Any other materials required to be in the record of proceedings by Public Resources
Code section 21167.G(e).
The custodian of the documents comprising the record of proceedings is the Director
of Planning and Community Environment, City of Palo Alto, 250 Hamilton Avenue, Palo Alto,
California, 94301.
Copies of all of the abovereferenced documents, which constitute the record of
proceedings upon which the City of Palo Alto's decision on the Project is based, are and have been
available upon request at the offices of the Planning and Community Environment Department, City
of Palo Alto, 250 Hamilton Avenue, Palo Alto, California, 94301, and other locations in the City of Palo
Alto.
The City of Palo Alto has relied upon all of the documents, materials, and evidence
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listed above in reaching its decision on the Project.
The City Council hereby finds, determines and declares that the above referenced
documents, materials, and evidence constitute substantial evidence (as that term is defined by
section 15384 of the CEQA Guidelines) to support each of the findings contained herein.
SECTION 4. Mitigation, Monitoring, and Reporting Program.
CEQA requires the lead agency approving a project to adopt a Mitigation Monitoring
and Reporting Program (MMRP) for the changes made to the project that it has adopted in order to
mitigate or avoid significant effects on the environment. An MMRP has been prepared and is
recommended for adoption by the City Council concurrently with the adoption of these findings to
ensure compliance with mitigation measures during Project implementation. As required by Public
Resources Code section 21081.6, the MMRP designates responsibility and anticipated timing for the
implementation of the mitigation measures recommended in the Final EIR. The MMRP will remain
available for public review during the compliance period.
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 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 Draft and Final EIR.
3.2 Air Quality
Impact AQ1: The proposed project could result in an excess cancer risk for a child exposure
during construction.
Potential Impact. The impact identified above is described and discussed in Section 3.2
of the Draft EIR.
Mitigation Measures. Implementation of the following measure would reduce diesel
exhaust emissions and concentrations during construction to a level below the significance threshold
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of 10 in one million:
MM AQ1.1: Construction equipment shall be selected to minimize emissions. Such
equipment selection would include the following requirements:
All dieselpowered offroad equipment larger than 50 horsepower and
operated on the site for more than two days continuously shall, at a minimum,
meet United States Environmental Protection Agency particulate matter
emissions standards for Tier 2 engines or equivalent, and/or
Use of alternative powered equipment (e.g., Liquefied Petroleum Gas [LPG]
powered lifts), alternative fuels (e.g., biofuels), added exhaust devices, or a
combination of measures listed above; and
The construction contractor could use other measures to minimize
construction period diesel particulate matter Diesel Particulate Matter
emissions to reduce the predicted cancer risk below the thresholds. Such
measures may include the use of alternative powered equipment City of Palo
Alto 44 Draft Environmental Impact Report 744750 San Antonio Road March
2017 (e.g., LPGpowered lifts), alternative fuels (e.g., biofuels), added exhaust
devices, or a combination of measures, provided that these measures are
approved by the City and demonstrated to reduce community risk impacts to a
less than significant level.
Measures to be used shall be approved by the City of Palo Alto Department of
Planning & Community Environment prior to issuance of demolition permits,
and demonstrated to reduce community risk impacts to less than significant.
Findings. Implementation of the BAAQMD BMPs would reduce exhaust emissions by
five percent and fugitive dust emissions by over 50 percent. Implementation of MM AQ1.1 would
further reduce onsite diesel exhaust emissions. With implementation of these measures, the
increased cancer risk for construction would be 8.4 in one million, which is below the threshold of
greater than 10 per one million. Thus, the project would have a less than significant impact with
respect to community risk caused by construction activities.
Remaining Impact. Implementation of the above standard project requirements and
mitigation measures would reduce all potential impacts to less than significant.
3.3 Biological Resources
Impact BIO1: Construction activities associated with the proposed project could result in
impacts to nesting birds through the loss of fertile eggs or nest abandonment.
Potential Impact. The impact identified above is described and discussed in Section 3.3
of the Draft EIR.
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Mitigation Measures. In conformance with the California State Fish and Game Code
and the provisions of the Migratory Bird Treaty Act, the project shall implement the following
measures to reduce impacts to nesting birds and raptors to a less than significant:
MM BIO1.1: Construction shall be scheduled to avoid the nesting season to the extent
feasible to avoid the nesting season (February 1 to August 31). If it is not feasible to schedule
construction between September 1 and January 31, preconstruction nesting bird surveys shall
be completed prior to tree removal or construction activities in order to avoid impacts to
nesting birds. Surveys shall be completed by a qualified biologist no more than 14 days before
demolition or construction activities begin. During this survey, the biologist or ornithologist
shall inspect all trees and other nesting habitats in and immediately adjacent to the
construction areas for nests.
MM BIO1.2: If an active nest is found in an area that will be disturbed by construction, the
ornithologist shall designate an adequate buffer zone to be established around the nest, in
consultation with the California Department of Fish & Wildlife. The buffer will ensure that
nests shall not be disturbed during project construction. The nodisturbance buffer shall
remain in place until the biologist determines the nest is no longer active or the nesting season
ends. If construction ceases for two days or more and then resumes again during the nesting
season, an additional survey will be necessary to avoid impacts on active bird nests that may
be present.
MM BIO1.3: The applicant shall submit a report indicating the results of the survey and any
designated buffer zones to the satisfaction of the Director of Planning, and Community
Environment, prior to the issuance of a Grading Permit or Demolition Permit.
Findings. With the implementation of these mitigation measures to protect nesting
birds, the project would result in a less than significant impact.
Remaining Impact. Implementation of the above standard project requirements and
mitigation measures would reduce all potential impacts to less than significant.
3.4 Cultural Resources
Impact CUL2: Unknown subsurface archaeological or paleontological resources could be
present on the site in underlying native soils, and could be disturbed during project construction.
Potential Impact. The impact identified above is described and discussed in Section 3.4
of the Draft EIR.
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Mitigation Measures. With implementation of the following mitigation measures,
potential impacts to subsurface cultural resources would be reduced to a less than significant level:
MM CUL2.1: In the event any significant cultural materials (including fossils) are
encountered during construction grading or excavation, all construction within a radius of 50
feet of the find would be halted, the Director of Planning and Community Environment shall
be notified, and a qualified archaeologist shall examine the find and make appropriate
recommendations regarding the significance of the find and the appropriate mitigation.
Recommendations could include collection, recordation and analysis of any significant
cultural materials. A report of findings documenting any data recovered during monitoring
shall be submitted to the Director of Planning and Community Environment.
MM CUL2.2: Pursuant to Section 7050.5 of the Health and Safety Code, and Section 5097.94
of the Public Resources Code of the State of California in the event of the discovery of human
remains during construction, there shall be no further excavation or disturbance of the site
or any nearby area reasonably suspected to overlie adjacent remains. The Santa Clara
County Coroner shall be notified and shall make a determination as to whether the remains
are Native American. If the Coroner determines that the remains are not subject to his
authority, he shall notify the Native American Heritage Commission who shall attempt to
identify descendants of the deceased Native American. If no satisfactory agreement can be
reached as to the disposition of the remains pursuant to this State law, then the land owner
shall reinter the human remains and items associated with Native American burials on the
property in a location not subject to further subsurface disturbance. If the Director of
Planning and Community Environment finds that the archaeological find is not a significant
resource, work would resume only after the submittal of a preliminary archaeological report
and after provisions for reburial and ongoing monitoring are accepted.
Findings. With implementation of mitigation measures MM CUL2.1 and 2.1 the project
will have a less than significant impact.
Remaining Impact. Implementation of the above standard project requirements and
mitigation measures would reduce all potential impacts to less than significant.
3.8 Hazards and Hazardous Materials
Impact HAZ1: Localized hazardous materials contamination is present in onsite soils.
Construction activities could result in hazards to people or the environment.
Potential Impact. The impact identified above is described and discussed in Section 3.8
of the Draft EIR.
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Mitigation Measures. The project shall implement the following mitigation measures
as part of a Voluntary Cleanup Program with the oversight of SCCDEH, or other appropriate oversight
agency, to reduce impacts associated with redevelopment of the site to a less than significant level:
MM HAZ1.1: Due to the presence of localized total petroleum hydrocarbons, lead, and
possibly residual organochlorine pesticides impacted soil at the project site, the project shall
conduct additional focused sampling and analysis under the oversight of the Santa Clara
County Department of Environmental Health (SCCDEH), or other appropriate oversight
agency, in accordance with a Work Plan prepared by a qualified professional and approved
by the oversight agency. The Work Plan shall be approved prior to building demolition and
site clearing or excavation and include appropriate riskbased screening levels for
comparison of the sampling results.
At minimum, soils in the upper 18 inches of soil will be analyzed to quantify petroleum,
hydrocarbons, volatile organic compounds, and organochlorine pesticides as part of post
demolition soil sampling following site clearing.
Based upon the results of the analysis under the Work Plan and an Remedial Excavation
Report, offsite disposal of excavated soil shall occur consistent with sample protocols (as
required by the receiving disposal site) and in conformance with current regulatory practices.
The excavated soils shall be placed at a regulated landfill appropriate to the soils analysis
results. Confirmation sampling shall be conducted at the bottom of the initial excavation
depths to verify that contaminated soils have been removed. A letter (or equivalent
assurance) from the oversight agency documenting completion of the Work Plan for onsite
testing to the satisfaction of the City of Palo Alto 93 Draft Environmental Impact Report 744
750 San Antonio Road March 2017 oversight agency shall be provided to the Department of
Planning & Community Environment prior to the issuance of building permits.
MM HAZ1.2: A Soil and Groundwater Management Plan (SMP) shall be developed to
establish management practices for handling contaminated soil, groundwater or other
materials encountered during construction activities. The SMP shall identify potential health,
safety, and environmental exposure considerations associated with redevelopment activities
and shall identify appropriate mitigation measures. The SMP shall be submitted to the City
and oversight agency for approval prior to commencing construction activities. The SMP shall
include the following:
Proper mitigation as needed for demolition of existing structures;
Management of stockpiles, including sampling, disposal, and dust and runoff
control including implementation of a stormwater pollution prevention
program;
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Management of underground structures encountered, including utilities and/or
underground storage tanks;
Procedures to follow if evidence of an unknown historic release of hazardous
materials (e.g., underground storage tanks, polychlorinated biphenyls, other
contamination, etc.) is discovered during excavation or demolition activities;
Traffic control during site improvements;
Noise, work hours, and other relevant City regulations;
Mitigation of soil vapors (if required);
Procedures for proper disposal of contaminated materials (if required); and
Monitoring, reporting, and regulatory oversight arrangements.
MM HAZ1.3 A sitespecific Health and Safety Plan (HSP) shall be prepared as part of the SMP
prior to issuance of grading permits for project construction to address potential health and
safety hazards associated with implementation of the SCCDEH approved work plan and the
proposed redevelopment activities (e.g., site preparation, demolition, grading and
construction). The HSP shall govern activities of all personnel present during field activities.
Any contractor performing a task not covered in the HSP shall be required to develop a job
hazard analysis specific to that task prior to performing the task.
Findings. Implementation of the mitigation measures listed above would reduce the
impacts of soil contaminants to a less than significant level.
Remaining Impact. Implementation of the above standard project requirements and
mitigation measures would reduce all potential impacts to less than significant.
Impact HAZ2: MtBE and petroleum hydrocarbon contaminated groundwater could be
encountered during excavation for and construction of the belowgrade parking garage. Exposure to
this contaminated water or soil vapors could result in hazards to construction workers, the general
public or the environment during construction or hotel operation.
Potential Impact. The impact identified above is described and discussed in Section 3.8
of the Draft EIR.
Mitigation Measures. The following mitigation measures are included in the project to
reduce hazards associated with contaminated groundwater underlying the project site. The project
shall implement the following mitigation measures with the oversight of the SCCDEH or other
appropriate oversight agency to reduce impacts associated with development of the site to a less
than significant level:
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MM HAZ2.1: Soil Vapor Controls. The potential risks to human health from soil vapors from
contaminated groundwater shall be reduced either by remediation of contaminated soils
(e.g., excavation and offsite disposal) under MM HAZ 1.2 and/or implementation of
institutional and engineering controls to ensure that any potential added health risks are
reduced to acceptable levels. Institutional and engineering controls employed on the site
may include passive and active ventilation systems, vapor barriers, and/or adoption of deed
restrictions.
Guidelines and measures for health and safety during construction activities, soil
management, groundwater management, addressing vapor intrusion issues, and
construction activities (unanticipated subsurface conditions) shall be addressed as part of a
Soil and Groundwater Management Plan (SMP) under MM HAZ1.2 and reviewed and
approved by SCCDEH or other appropriate oversight agency.
Final approval received from the oversight agency stating that the entire site is suitable for
hotel land uses with implementation shall be issued and copied to the Department of
Planning & Community Environment, prior to issuance of permits for project construction.
MM HAZ2.2: Groundwater Handling and Disposal During Construction. Groundwater
handling during construction shall be conducted in accordance with an approved Soil and
Groundwater Management Plan as outlined in MM HAZ 1.2.
A dewatering system shall be implemented during construction of the project. Prior to
discharge to the public stormwater collection system, contaminants (including petroleum
hydrocarbons and MtBE) shall be removed from dewatered groundwater. The system shall
include a granulated activated carbon unit, or equivalent treatment device. A discharge plan
shall be prepared and permits shall be secured from the appropriate regulatory agencies,
including the Regional Water Quality Control Board and the City of Palo Alto.
Findings. Implementation of MM HAZ1.2, MM HAZ2.1 and MM HAZ2.2 as part of the
project would reduce hazardous materials impacts related to contaminated groundwater to a less
than significant level.
Remaining Impact. Implementation of the above standard project requirements and
mitigation measures would reduce all potential impacts to less than significant.
3.11 Noise and Vibration
Impact NOI1: Noise generated by general construction activity could impact residents to the
west of the project site in the shortterm.
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Potential Impact. The impact identified above is described and discussed in Section
3.11 of the Draft EIR.
Mitigation Measures. The project shall implement the following mitigation measure,
which would lessen potential constructionrelated noise impacts to a less than significant level:
MM NOI1.1: The project applicant shall implement a noise logistics plan which would
include, but not be limited to, the following measures to reduce construction noise levels as
low as practical:
ionary noise sources
where technology exists.
Equip all internal combustion enginedriven equipment with mufflers, which
are in good condition and appropriate for the equipment.
Locate all stationary noisegenerating equipment, such as air compressors and
portable power generators, as far away as possible from adjacent land uses.
Locate staging areas and construction material areas as far away as possible
from adjacent land uses.
Prohibit all unnecessary idling of internal combustion engines.
The contractor will prepare a detailed construction plan identifying a schedule
of major noise generating construction activities. This plan shall identify a noise
control disturbance coordinator and procedure for coordination with the
adjacent noise sensitive facilities so that construction activities can be scheduled
to minimize noise disturbance. This plan shall be made publicly available for
interested community members and a public notice will be sent to neighbors
within 300 feet within two weeks of the start of any onsite grading or
demolition activities.
The disturbance coordinator will be responsible for responding to any local
complaints about construction noise. The disturbance coordinator will determine
the case of the noise complaint (e.g. starting too early, bad muffler, etc.) and will
require that reasonable measures warranted to correct the problem be
implemented. The telephone number for the disturbance coordinator at the
construction site will be posted and included in the notice sent to neighbors
regarding the construction schedule.
Findings. The project would be constructed consistent with the allowable construction
hours, per the Noise Ordinance, and would implement MM NOI1.1 to reduce shortterm noise
impacts resulting from construction noise to a less than significant level.
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Remaining Impact. Implementation of the above standard project requirements and
mitigation measures would reduce all potential impacts to less than significant.
SECTION 6. Significant and Unavoidable Impacts.
The Draft EIR and the Final EIR documented that the Project would result in significant and
unavoidable impacts which cannot be adequately mitigated through the adoption and
implementation of feasible mitigation measures. Those impacts, along with mitigation measures to
mitigate them to the extent feasible, are listed below as referenced in the Draft EIR.
3.1 Cultural Resources
Impact CUL1: Demolition of the midcentury modern structure at 744 San Antonio Road
represents a substantial adverse effect to a historical resource eligible for the California Register.
Potential Impact. The impact identified above is described and discussed in Section 3.4
of the Draft EIR.
Mitigation Measures. The following mitigation measures will be adopted and will be
implemented as provided in the Mitigation Monitoring and Reporting Program, and as further
described in the remainder of these findings:
Mitigation Measures CUL1.1 and CUL1.2.
MM CUL1.1: Historic American Buildings Survey (HABS) documentation of the exterior of 744
to the demolition of the structure. Following the HABS guidelines, this documentation shall
include full measured drawings, largeformat photography, and an historical overview of the
structure. The documentation shall be filed by the applicant with City of Palo Alto Historic
Preservation Officer, prior to the start of demolition.
MM CUL1.2: Prior to demolition, the project proponent shall make the building available for
relocation or salvage by qualified salvage companies facilitating the reuse of historic building
materials. The structures shall be advertised for relocation or salvage by placing an
advertisement in a newspaper of general circulation, posting on a website, and onsite
posting for at least 30 days.
Findings. The abovenoted mitigation measures will reduce the severity of this
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potentially significant impact by documenting the building and providing the opportunity for salvage
and re However, because of the implementation of the project
requires the demolition of the building, these measures would not fully mitigate this Impact to a less
thansignificant level.
Remaining Impacts. There are no other feasible mitigation measures available to
mitigate this impact to a lessthansignificant level. Implementation of Mitigation Measures CUL1.1
and 1.2 would lessen the Project's impacts on the described historical resources through
documentation and provid However, the
implementation of the Project requires the demolition and these mitigation measures would not
result in reversing the demolition, and therefore would still result in a significant impact to historic
resources.
Overriding Considerations. The environmental, social, economic and other benefits of
the Project override any remaining significant adverse impacts of the Project relating to historical
resources as set forth in the Statement of Overriding Considerations discussion below (Section 8).
SECTION 7. Findings Regarding Project Alternatives.
Public Resources Code section 21002 prohibits a public agency from approving a project if
there are feasible alternatives or feasible mitigation measures available which would substantially
lessen the significant environmental effects of the project. When a lead agency finds, even after the
adoption of all feasible mitigation measures, that a project will still cause one or more significant
environmental effects that cannot be substantially lessened or avoided, it must, prior to approving
the project as mitigated, first determine whether there are any project alternatives that are feasible
and that would substantially lessen or avoid the project's significant impacts. Under CEQA,
"feasibility "desirability" to the extent that it is based on a reasonable balancing of the
relevant economic, environmental, social, and technological factors, and an alternative may be
deemed by the lead agency to be "infeasible" if it fails to adequately promote the project applicant's
and/or the lead agency's primary underlying goals and objectives for the project. Thus, a lead agency
may reject an alternative, even if it would avoid or substantially lessen one or more significant
environmental effects of the project, if it finds that the alternative's failure to adequately achieve the
objectives for the project, or other specific and identifiable considerations, make the alternative
infeasible.
The City Council certifies that the Final EIR describes a reasonable range of alternatives to the
Project, which could feasibly obtain the basic objectives of the Project, and that the City Council has
evaluated the comparative merits of the alternatives. As described below, the City Council has
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decided to approve the Project as proposed, and to reject the remainder of the alternatives, as
summarized below.
Section 2.4 of the Draft EIR set forth the Project applicant's objectives for the Project. That
list is incorporated herein by reference. In light of the applicant's objectives for the Project, and given
that the Project is expected to result in certain significant environmental effects even after the
implementation of all feasible mitigation measures, as identified above, the City hereby makes the
following findings with respect to whether one or more of the alternatives evaluated in the Draft EIR
could feasibly accomplish most of the goals and objectives for the Project and substantially lessen or
avoid one or more of its potentially significant effects.
No Project Alternative
The No Project Alternative Current Conditions Scenario is discussed at Section 5.5.1 of the
Draft EIR. The No Project Current Conditions Scenario is hereby rejected as infeasible because it
would not achieve the Project objectives, as explained in Sections 2.4 and 5.3 of the Draft EIR.
Location Alternative
The Location Alternative is discussed in Section 5.4.1 of the Draft EIR. The Location Alternative
is hereby rejected as infeasible because there is no suitable site is available to achieve the objectives
of the project explained in Sections 2.4 and 5.3 of the Draft EIR and it is unknown whether the
applicant could reasonably acquire, control or have access to property to implement the project.
No ProjectHousing Alternative
The No ProjectHousing Alternative is discussed in Section 5.5.2 of the Draft EIR. The No
ProjectHousing Alternative is hereby rejected as infeasible because it while it could potentially avoid
the demolition of the California Registereligible resource, and other significant impacts could also be
avoided, this alternative would not achieve the primary Project objectives, as explained in Sections
2.4 and 5.3 of the Draft EIR.
Reduced Intensity (Maintaining the Historic Structure) Hotel Alternative
The Reduce Intensity Alternative is discussed in Section 5.5.3 of the Draft EIR. The Reduce
Intensity Alternative is hereby rejected as infeasible because while it would avoid the demolition of
the California Registereligible resource, it would not meet all the Project objectives.
SECTION 8. Statement of Overriding Considerations
DocuSign Envelope ID: 069C585B-3202-4D6C-8125-191742A083D7
170612 jb AY/Planning/San Antonio
Pursuant to Public Resources Code Section 21081 and Section 15093 of the CEQA Guidelines,
this City Council adopts and makes the following Statement of Overriding Considerations regarding the
remaining significant unavoidable impacts of the Project, as discussed above, and the anticipated
economic, social and other benefits of the Project. The City finds that: (i) the majority of the significant
impacts of the Project will be reduced to less thansignificant and acceptable levels by the mitigation
measures described in the Final EIR and approved and adopted by these Findings; (ii) the City's
approval of the Project will result in certain significant adverse environmental effects that cannot be
avoided even with the incorporation of all feasible mitigation measures into the Project; and (iii) there
are no other feasible mitigation measures or feasible Project alternatives that would further mitigate
or avoid the remaining significant environmental effects. The significant effects that have not been
mitigated to a lessthansignificant level and are therefore considered significant and unavoidable are
identified in Section 6 above. Despite these potentially significant impacts, it is the City's considered
judgment that the benefits offered by the Project outweigh the potentially adverse effects of these
significant impacts. The substantial evidence supporting the following described benefits of the Project
can be found in the preceding findings and in the record of proceedings.
The benefits of the Project which the City Council finds serve as overriding considerations"
justifying its approval include the following:
(1) The subject site is an underutilized parcel in an area that is transforming from low
intensity commercial development to higherintensity commercial development. Hotel projects are
the historic structure cannot feasibly accommodate a new contemporary hotel and meet the project
objectives.
(2) In 2014, the City Council adopted an Infrastructure Plan that includes a list of capital
projects that need to be prioritized and funded. The plan is currently underfunded as the cost of
construction has increased over time. The plan includes several important capital projects, including a
plan, replacement of fire stations and several other projects important to the community. This plan
relies, in part, on a 2% increase to the transient occupancy tax (TOT) that was approved by voters to
support implementation of the Infrastructure Plan.
//
//
//
DocuSign Envelope ID: 069C585B-3202-4D6C-8125-191742A083D7
170612 jb AY/Planning/San Antonio
The proposed development of a 294 room, dual branded hotel is expected to bring TOT revenues of
$3.6 million annually, based on an average 79% occupancy rate. If the City Council continues its policy
to support funding of the Infrastructure plan with TOT revenue from new hotels, this project would
contribute an estimated $514,000 (2%) annually to support Infrastructure Plan projects. While loss of a
historic building will result in a negative impact on the environment, this loss is outweighed by the
economic benefit of the project, which will provide ongoing funding to support critical infrastructure
improvements throughout the city.
INTRODUCED AND PASSED: June 12, 2017
AYES: DUBOIS, FILSETH, FINE, HOLMAN, KNISS, SCHARFF, TANAKA, WOLBACH
NOES: KOU
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Senior Deputy City Attorney City Manager
Director of Planning and Community
Environment
DocuSign Envelope ID: 069C585B-3202-4D6C-8125-191742A083D7
170612 jb AY/Planning/San Antonio
Exhibit A
MITIGATION MONITORING OR REPORTING PROGRAM
Mitigation Measures
Mitigation and
Monitoring
Responsibility
Monitoring Action Schedule
Air Quality
MM AQ1.1:
All dieselpowered offroad equipment larger than
50 horsepower and operated on the site for more
than two days continuously shall, at a minimum,
meet United States Environmental Protection
Agency particulate matter emissions standards for
Tier 2 engines or equivalent, and/or
Use of alternative powered equipment (e.g.,
Liquefied Petroleum Gas([LPG]powered lifts),
alternative fuels (e.g., biofuels), added exhaust
devices, or a combination of measures listed above;
and
The construction contractor could use other
measures to minimize construction period diesel
particulate matter Diesel Particulate Matter
emissions to reduce the predicted cancer risk below
the thresholds. Such measures may include the use
of alternative powered equipment (e.g., LPG
powered lifts), alternative fuels (e.g., biofuels),
added exhaust devices, or a combination of
measures, provided that these measures are
approved by the City and demonstrated to reduce
community risk impacts to a less than significant
level.
Measures to be used shall be approved by the City
of Palo Alto Department of Planning and
Community Environment prior to issuance of
demolition permits, and demonstrated to reduce
community risk impacts to less than significant.
Implementation:
Project applicant
and contractors
Monitoring: City of
Palo Alto
Department of
Planning and
Community
Environment or
designee
Emissions control
measures shall be
approved by the
Director of
Planning and
Community
Environment or
designee
Prior to
issuance of
demolition
permits and
during
construction
DocuSign Envelope ID: 069C585B-3202-4D6C-8125-191742A083D7
170612 jb AY/Planning/San Antonio
Mitigation Measure
Mitigation and
Monitoring
Responsibility
Monitoring
Action Schedule
Biological Resources
MM BIO1.1: Construction shall be scheduled to avoid
the nesting season to the extent feasible to avoid the
nesting season (February 1 to August 31). If it is not
feasible to schedule construction between September 1
and January 31, preconstruction nesting bird surveys
shall be completed prior to tree removal or construction
activities in order to avoid impacts to nesting birds.
Surveys shall be completed by a qualified biologist no
more than 14 days before demolition or construction
activities begin. During this survey, the biologist or
ornithologist shall inspect all trees and other nesting
habitats in and immediately adjacent to the construction
areas for nests.
MM BIO1.2: If an active nest is found in an area that will
be disturbed by construction, the ornithologist shall
designate an adequate buffer zone to be established
around the nest, in consultation with the California
Department of Fish & Wildlife (CDFW). The buffer will
ensure that nests shall not be disturbed during project
construction. The nodisturbance buffer shall remain in
place until the biologist determines the nest is no longer
active or the nesting season ends. If construction ceases
for two days or more and then resumes again during the
nesting season, an additional survey will be necessary to
avoid impacts on active bird nests that may be present.
MM BIO1.3: The applicant shall submit a report
indicating the results of the survey and any designated
buffer zones to the satisfaction of the Director of
Planning and Community Environment, prior to the
issuance of a Grading Permit or Demolition Permit.
Implementation:
Project applicant,
contractors, and
qualified biologist
Monitoring: City
of Palo Alto
Department of
Planning and
Community
Environment and
CDFW (if a nest is
found)
Avoidance of
nesting season,
or completion of
preconstruction
nesting bird
surveys and
submittal of a
survey report to
the Director of
Planning and
Community
Environment
Coordination
with CDFW to
avoid
disturbance of
active nests
during project
activities
14 days before
demolition or
construction
activities begin
and prior to
issuance of a
Grading Permit
or Demolition
Permit
Cultural Resources
MM CUL1.1: Historic American Buildings Survey (HABS)
documentation of the exterior of 744 San Antonio Road
Implementation:
Project applicant
Submittal of
HABS
Prior to the
start of
DocuSign Envelope ID: 069C585B-3202-4D6C-8125-191742A083D7
170612 jb AY/Planning/San Antonio
project applicant prior to the demolition of the
structure. Following the HABS guidelines, this
documentation shall include full measured drawings,
largeformat photography, and an historical overview of
the structure. The documentation shall be filed by the
applicant with City of Palo Alto Historic Preservation
Officer, prior to the start of demolition.
Monitoring: City
of Palo Alto
Historic
Preservation
Officer
documentation
for record
keeping purposes
to the City of
Palo Alto Historic
Preservation
Officer
demolition
activities
MM CUL1.2: Prior to demolition, the project proponent
shall make the building available for relocation or
salvage by qualified salvage companies facilitating the
reuse of historic building materials. The structures shall
be advertised for relocation or salvage by placing an
advertisement in a newspaper of general circulation,
posting on a website, and onsite posting for at least 30
days.
Implementation:
Project Applicant
Monitoring: City
of Palo Alto
Historic
Preservation
Officer
Submittal of
proof of
newspaper
advertisement,
posting on a
website, and on
site posting to
Preservation
Officer
Prior to the
start of
demolition,
structures shall
be made
available for
salvage for 30
days after
advertisement
and onsite
posting occurs
MM CUL2.1: In the event any significant cultural
materials (including fossils) are encountered during
construction grading or excavation, all construction
within a radius of 50 feet of the find would be halted,
the Director of Planning and Community Environment
shall be notified, and a qualified archaeologist shall
examine the find and make appropriate
recommendations regarding the significance of the find
and the appropriate mitigation. Recommendations could
include collection, recordation and analysis of any
significant cultural materials. A report of findings
documenting any data recovered during monitoring shall
be submitted to the Director of Planning and Community
Environment.
Implementation:
Project applicant
and contractors
Monitoring: City
of Palo Alto
Department of
Planning and
Community
Environment
Notification of
Director of
Planning and
Community
Environment if
cultural materials
or fossils are
encountered and
submittal of a
report of findings
after data
recovery
During grading
and excavation
activities
MM CUL2.2: Pursuant to Section 7050.5 of the Health
and Safety Code, and Section 5097.94 of the Public
Resources Code of the State of California in the event of
the discovery of human remains during construction,
there shall be no further excavation or disturbance of
the site or any nearby area reasonably suspected to
overlie adjacent remains. The Santa Clara County
Implementation:
Project applicant
and contractors
Monitoring: City
of Palo Alto
Department of
Santa Clara
County Coroner
shall determine
the status of
remains, if
encountered
During grading
and excavation
activities
DocuSign Envelope ID: 069C585B-3202-4D6C-8125-191742A083D7
170612 jb AY/Planning/San Antonio
Coroner shall be notified and shall make a determination
as to whether the remains are Native American. If the
Coroner determines that the remains are not subject to
his authority, he shall notify the Native American
Heritage Commission (NAHC) who shall attempt to
identify descendants of the deceased Native American.
If no satisfactory agreement can be reached as to the
disposition of the remains pursuant to this state law,
then the land owner shall reinter the human remains
and items associated with Native American burials on
the property in a location not subject to further
subsurface disturbance. If the Director of Planning and
Community Environment finds that the archaeological
find is not a significant resource, work would resume
only after the submittal of a preliminary archaeological
report and after provisions for reburial and ongoing
monitoring are accepted.
Planning and
Community
Environment,
Santa Clara
County Coroner,
and NAHC
NAHC shall
identify
descendants of
the deceased, if
remains are
Native American
Submittal and
acceptance of an
archaeological
report to the
Director of
Planning and
Community
Environment
Hazards and Hazardous Materials
MM HAZ1.1: Due to the presence of localized total
petroleum hydrocarbons, lead, and possibly residual
organochlorine pesticides impacted soil at the project
site, the project shall conduct additional focused
sampling and analysis under the oversight of the Santa
Clara County Department of Environmental Health
(SCCDEH), or other appropriate oversight agency, in
accordance with a Work Plan prepared by a qualified
professional and approved by the oversight agency. The
Work Plan shall be approved prior to building demolition
and site clearing or excavation and include appropriate
riskbased screening levels for comparison of the
sampling results.
At minimum, soils in the upper 18 inches of soil will be
analyzed to quantify petroleum, hydrocarbons, volatile
organic compounds, and organochlorine pesticides as
part of postdemolition soil sampling following site
clearing.
Based upon the results of the analysis under the Work
Plan and an Remedial Excavation Report, offsite disposal
Implementation:
Project applicant
and contractors
Monitoring:
SCCDEH or other
appropriate
oversight agency,
and City of Palo
Alto Department
of Planning and
Community
Environment
Review and
approval of the
Work Plan and
Remedial
Excavation
Report by
SCCDEH or other
appropriate
oversight agency
Provision of a
letter (or
equivalent
assurance) from
the oversight
agency
documenting
completion of
the Work Plan
shall be provided
to the Director of
Planning and
Work Plan shall
be approved
prior to
building
demolition and
site clearing or
excavation
A letter from
the oversight
agency
documenting
completion of
Work Plan shall
be submitted
prior to the
issuance of
building
permits
DocuSign Envelope ID: 069C585B-3202-4D6C-8125-191742A083D7
170612 jb AY/Planning/San Antonio
of excavated soil shall occur consistent with sample
protocols (as required by the receiving disposal site) and
in conformance with current regulatory practices. The
excavated soils shall be placed at a regulated landfill
appropriate to the soils analysis results. Confirmation
sampling shall be conducted at the bottom of the initial
excavation depths to verify that contaminated soils have
been removed.
A letter (or equivalent assurance) from the oversight
agency documenting completion of the Work Plan for
onsite testing to the satisfaction of the oversight agency
shall be provided to the Department of Planning and
Community Environment prior to the issuance of
building permits.
Community
Environment
MM HAZ1.2: A Soil and Groundwater Management Plan
(SMP) shall be developed to establish management
practices for handling contaminated soil, groundwater or
other materials encountered during construction
activities. The SMP shall identify potential health, safety,
and environmental exposure considerations associated
with redevelopment activities and shall identify
appropriate mitigation measures. The SMP shall be
submitted to the City and oversight agency for approval
prior to commencing construction activities. The SMP
shall include the following:
Proper mitigation as needed for demolition of
existing structures;
Management of stockpiles, including sampling,
disposal, and dust and runoff control including
implementation of a stormwater pollution
prevention program;
Management of underground structures
encountered, including utilities and/or underground
storage tanks;
Procedures to follow if evidence of an unknown
historic release of hazardous materials (e.g.,
underground storage tanks, polychlorinated
biphenyls, other contamination, etc.) is discovered
Implementation:
Project applicant
and contractors
Monitoring:
SCCDEH or other
appropriate
oversight agency,
and City of Palo
Alto Department
of Planning and
Community
Environment
Submittal of the
SMP to the
Director of
Planning and
Community
Environment and
SCCDEH, or other
appropriate
oversight agency
Prior to the
start of
construction
activities
DocuSign Envelope ID: 069C585B-3202-4D6C-8125-191742A083D7
170612 jb AY/Planning/San Antonio
during excavation or demolition activities;
Traffic control during site improvements;
Noise, work hours, and other relevant City
regulations;
Mitigation of soil vapors (if required);
Procedures for proper disposal of contaminated
materials (if required); and
Monitoring, reporting, and regulatory oversight
arrangements.
MM HAZ1.3: A sitespecific Health and Safety Plan (HSP)
shall be prepared as part of the SMP prior to issuance of
grading permits for project construction to address
potential health and safety hazards associated with
implementation of the SCCDEH approved work plan and
the proposed redevelopment activities (e.g., site
preparation, demolition, grading and construction). The
HSP shall govern activities of all personnel present
during field activities. Any contractor performing a task
not covered in the HSP shall be required to develop a job
hazard analysis specific to that task prior to performing
the task.
Implementation:
Project applicant
and contractors
Monitoring:
SCCDEH or other
appropriate
oversight agency
Submittal of the
HSP to the
Director of
Planning and
Community
Environment and
SCCDEH, or other
appropriate
oversight agency
Prior to
issuance of
grading
permits
MM HAZ2.1: Soil Vapor Controls. The potential risks to
human health from soil vapors from contaminated
groundwater shall be reduced either by remediation of
contaminated soils (e.g., excavation and offsite
disposal) under MM HAZ1.2 and/or implementation of
institutional and engineering controls to ensure that any
potential added health risks are reduced to acceptable
levels. Institutional and engineering controls employed
on the site may include passive and active ventilation
systems, vapor barriers, and/or adoption of deed
restrictions.
Guidelines and measures for health and safety during
construction activities, soil management, groundwater
management, addressing vapor intrusion issues, and
construction activities (unanticipated subsurface
conditions) shall be addressed as part of a Soil and
Groundwater Management Plan under MM HAZ1.2 and
Implementation:
Project applicant
and contractors
Monitoring:
SCCDEH or other
appropriate
oversight agency,
and City of Palo
Alto Department
of Planning and
Community
Environment
Submittal of the
SMP to the
Director of
Planning and
Community
Environment and
SCCDEH, or other
appropriate
oversight agency
Issuance of final
approval for
hotel uses or No
Further Action
letter (or
equivalent) by
SCCDEH, or other
appropriate
Prior to
issuance of
permits for
project
construction
Final approval
for hotel uses
shall be
submitted prior
to issuance of
building
permits
No Further
Action letter
(or equivalent)
shall be
DocuSign Envelope ID: 069C585B-3202-4D6C-8125-191742A083D7
170612 jb AY/Planning/San Antonio
reviewed and approved by SCCDEH or other appropriate
oversight agency.
Final approval received from the oversight agency
stating that the entire site is suitable for hotel land uses
with implementation shall be issued and copied to the
Department of Planning and Community Environment,
prior to issuance of permits for project construction. In
the event institutional or engineering controls are
required for soil vapors, a No Further Action letter (or
equivalent assurance) from the oversight agency
documenting completion of remediation activities
and/or engineering controls shall be provided to the
Director of Planning and Community Environment prior
to issuance of occupancy permits.
oversight agency
submitted to the
Director of
Planning and
Community
Environment
submitted prior
to issuance of
occupancy
permits
MM HAZ2.2: Groundwater Handling and Disposal
During Construction. Groundwater handling during
construction shall be conducted in accordance with an
approved Soil and Groundwater Management Plan as
outlined in MM HAZ1.2.
A dewatering system shall be implemented during
construction of the project. Prior to discharge to the
public stormwater collection system, contaminants
(including petroleum hydrocarbons and MtBE) shall be
removed from dewatered groundwater. The system
shall include a granulated activated carbon unit, or
equivalent treatment device. A discharge plan shall be
prepared and permits shall be secured from the
appropriate regulatory agencies, including the Regional
Water Quality Control Board and the City of Palo Alto.
Implementation:
Project applicant
and contractors
Monitoring: San
Francisco Bay
Regional Water
Quality Control
Board, City of Palo
Alto Department
of Planning and
Community
Environment
Review of
discharge plan
and issuance of
permits for
dewatering by
the San Francisco
Bay Regional
Water Quality
Control Board,
and City of Palo
Alto Department
of Planning and
Community
Environment
Removal of
contaminants
shall occur
during
dewatering and
prior to
discharge
Permits shall
be obtained
prior to the
start of
dewatering
Noise
MM NOI1.1: The project applicant shall implement a
noise logistics plan which would include, but not be
limited to, the following measures to reduce
construction noise levels as low as practical:
stationary noise sources where technology exists.
Implementation:
Project applicant
and contractors
Monitoring: City
of Palo Alto
Department of
Submittal of
noise logistics
plan to the
Director of
Planning and
Community
Environment
Plan submittal
shall occur
prior to the
start of
construction
activities
DocuSign Envelope ID: 069C585B-3202-4D6C-8125-191742A083D7
170612 jb AY/Planning/San Antonio
Equip all internal combustion enginedriven
equipment with mufflers, which are in good
condition and appropriate for the equipment.
Locate all stationary noisegenerating equipment,
such as air compressors and portable power
generators, as far away as possible from adjacent
land uses.
Locate staging areas and construction material
areas as far away as possible from adjacent land
uses.
Prohibit all unnecessary idling of internal
combustion engines.
The contractor will prepare a detailed construction
plan identifying a schedule of major noise
generating construction activities. This plan shall
identify a noise control disturbance coordinator and
procedure for coordination with the adjacent noise
sensitive facilities so that construction activities can
be scheduled to minimize noise disturbance. This
plan shall be made publicly available for interested
community members and a public notice will be
sent to neighbors within 300 feet within two weeks
of the start of any onsite grading or demolition
activities.
The disturbance coordinator will be responsible for
responding to any local complaints about
construction noise. The disturbance coordinator
will determine the case of the noise complaint (e.g.
starting too early, bad muffler, etc.) and will require
that reasonable measures warranted to correct the
problem be implemented. The telephone number
for the disturbance coordinator at the construction
site will be posted and included in the notice sent
to neighbors regarding the construction schedule.
Planning and
Community
Environment
Implementatio
n of measures
shall occur
during
demolition and
construction
DocuSign Envelope ID: 069C585B-3202-4D6C-8125-191742A083D7
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