HomeMy WebLinkAboutRESO 98181
Resolution No. 9818
Resolution of the Council of the City of Palo Alto Certifying the Adequacy of the Final
Environmental Impact Report for the Downtown Parking Garage Project at 375 Hamilton
Avenue, Making Certain Findings Concerning Significant Environmental Impacts and Mitigation
Measures, and Adopting a Mitigation Monitoring and Reporting Program, All Pursuant to the
California Environmental Quality Act
RECITALS
A.Parking Garage Project,
comprised of a multilevel parking garage with ground floor retail space, on a City
surface parking lot at 375 Hamilton Avenue in the Downtown commercial area in Palo
B. Approval of the Project would constitute a project under the provisions of the
California Environmental Quality Act of 1970, together with related state and local
C. The City 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, in compliance with CEQA, prepared an Environmental Impact Report (EIR) to
provide an assessment of the potential environmental consequences of approving and
constructing the Project and approving associated zoning code amendments.
E.review from
May 18, 2018, through July 2, 2018, during which time the City held a public hearing to
receive comments on the Draft EIR
June 21, 2018.
F. The City considered the comments received during the Draft EIR public review period
and prepared a . The Final
Environmental Impact Report is comprised of the Draft EIR, together with the Final
Environmental Impact Report (Addendum) published on August 10, 2018 (collectively,
G. The Council is the decisionmaking body for approval of the proposed Project.
H. CEQA requires that in connection with approval of a project for which an environmental
impact report has been prepared that identifies one or more significant environmental
effects of the project, the decisionmaking body of a public agency make certain findings
regarding those effects.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALO ALTO AS
FOLLOWS:
SECTION 1. Certification and General Findings
The City Council, in the exercise of its independent judgment, makes and adopts the following
findings to comply with the requirements of CEQA, including Sections 15091, 15092, and 15093
of the CEQA Guidelines, based upon the entire record of proceedings for the Project. All
statements set forth in this Resolution constitute formal findings of the City Council, including
the statements set forth in this paragraph and in the recitals above.
1. The City Council was presented with, and has independently reviewed and analyzed the
EIR and other information in the record and has considered the information contained
therein prior to acting upon and approving the Project, and bases the findings stated
below on such review.
2. The EIR provides an adequate basis for considering and acting upon the Project. The City
Council has considered all of the evidence and arguments presented during
consideration of the Project and the EIR. In determining whether the Project may have a
significant impact on the environment, and in adopting the findings set forth herein, the
City Council certifies that it has complied with Public Resources Code Sections 21081,
21081.5, and 21082.2.
3. The City Council agrees with the characterization of the EIR with respect to all impacts
hat those impacts have been
described accurately and are less than significant as so described in the EIR. This finding
does not apply to impacts identified as significant or potentially significant that are
reduced to a less than significant level by mitigation measures included in the EIR. The
disposition of each of those impacts and the mitigation measures adopted to reduce
them are addressed specifically in the findings below.
4. Mitigation measures associated with the potentially significant impacts of the Project
will be implemented through the Mitigation Monitoring and Reporting Program (MMRP)
described below, which is the responsibility of the City.
5. The EIR considers a reasonable range of potentially feasible alternatives, sufficient to
foster informed decision making, public participation and a reasoned choice, in
accordance with CEQA.
6. The Final EIR contains responses to comments received on the Draft EIR. The Final EIR
also contains corrections and clarifications to the text and analysis of the Draft EIR
where warranted. The City Council does hereby find that such changes and additional
information are not significant new information under CEQA because such changes and
additional information do not indicate that any of the following would result from
approval and implementation of the Project: (i) any new significant environmental
impact or substantially more severe environmental impact (not already disclosed and
evaluated in the DEIR), (ii) any feasible mitigation measure considerably different from
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those analyzed in the Draft EIR that would lessen a significant environmental impact of
the Project has been proposed and would not be implemented, or (iii) any feasible
alternative considerably different from those analyzed in the DEIR that would lessen a
significant environmental impact of the Project has been proposed and would not be
implemented. The City Council does find and determine that recirculation of the Final
EIR for further public review and comment is not warranted or required under the
provisions of CEQA.
7. The City Council does hereby find and certify that the EIR has been prepared and
judgment and analysis.
8. The City Council does hereby make the following findings with respect to significant
effects on the environment of the Project, as identified in the EIR, with the
understanding that all of the information in this Resolution is intended as a summary of
the full administrative record supporting the EIR, which full administrative record should
be consulted for the full details supporting these findings.
SECTION 2. Findings on Significant Impacts and Mitigation Measures
Pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, the City
Council hereby makes these findings with respect to the potential for significant environmental
impacts from approval and implementation of the Project and the means for mitigating those
impacts.
These findings do not attempt to describe the full analysis of each environmental impact
contained in the EIR. Instead, the findings provide a summary description of each impact,
describe the applicable mitigation measures identified in the EIR and adopted by the City, and
state the findings on the significance of each impact after imposition of the adopted mitigation
measures. A full explanation of these environmental findings and conclusions can be found in
the EIR. These findings hereby incorporate by reference the discussion and analysis in the EIR
that support the EIR's determinations regarding significant project impacts and mitigation
measures designed to address those impacts. The facts supporting these findings are found in
the record as a whole for the Project.
In making these findings, the City ratifies, adopts, and incorporates into these findings the
analysis and explanation in the EIR, and ratifies, adopts, and incorporates into these findings
the determinations and conclusions of the EIR relating to environmental impacts and mitigation
measures, except to the extent that any such determinations and conclusions are specifically
and expressly modified by these findings.
The EIR identified a number of significant and potentially significant environmental impacts that
the Project will cause or to which the Project would contribute. 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
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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 EIR.
Biological Resources
Impact BIOd: Potential Impacts on Nesting Birds. The project could interfere substantially
with the movement of a native resident or migratory fish or wildlife species or with established
native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites.
a) Potential Impact. The impact identified above is described and discussed in Section
3.3.3.2.d of the Draft EIR.
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:
MM BIO1 Nesting Bird Surveys and Avoidance. Construction of the project and any
other site disturbing activities that would involve vegetation or tree removal, shall be
prohibited during the general avian nesting season (February 1 to August 31), if feasible.
If nesting season avoidance is not feasible, the applicant shall retain a qualified biologist,
as approved by the City of Palo Alto, to conduct a preconstruction nesting bird survey to
determine the presence/absence, location, and activity status of any active nests on or
adjacent to the project site. The extent of the survey buffer area surrounding the site
shall be established by the qualified biologist to ensure that direct and indirect effects to
nesting birds are avoided. To avoid the destruction of active nests and to protect the
reproductive success of birds protected by the MBTA and CFGC, nesting bird surveys
shall be performed not more than 14 days prior to scheduled vegetation clearance and
structure demolition. In the event that active nests are discovered, a suitable buffer
(typically a minimum buffer of 50 feet for passerines and a minimum buffer of 250 feet
for raptors) shall be established around such active nests and no construction shall be
allowed within the buffer areas until a qualified biologist has determined that the nest is
no longer active (i.e., the nestlings have fledged and are no longer reliant on the nest).
No ground disturbing activities shall occur within this buffer until the qualified biologist
has confirmed that breeding/nesting is completed and the young have fledged the nest.
Nesting bird surveys are not required for construction activities occurring between
August 31 and February 1.
c) Finding and Rationale.Changes or alterations have been required in, or incorporated
into, the project, which avoid or substantially lessen the significant environmental effect
identified in the EIR. The only wildlife that is anticipated to be present within the project
area is wildlife associated with the built urban environment such as rodents, other small
animals, and native and migratory birds. These small animals are not restricted by the
type of developments in the project area. Tree removal activities have the potential to
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disturb resident and migratory birds resulting in a shortterm reduction in potential
nesting and foraging habitat as well as directly destroying active nests; however, it is
anticipated that resident and migratory bird species would resume nesting and foraging
behavior once the construction is complete, and would utilize existing nearby nesting
and foraging habitat during construction. With implementation of MM BIO1, the
project would have a less than significant impact on these wildlife species and their
movements in the area.
d) Remaining Impact.Mitigation Measure BIO1 specified above would reduce all
potential impacts to less than significant.
Impact BIOe: Conflict with Tree Preservation Policy/Protected Trees. One of the existing
trees, of the species Coast Live Oak (Quercus
Tree Regulations. Although it is designated as a protected tree, this tree will be removed from
the site due to previous imprecise pruning leaving it in poor condition and with the potential for
breakage. Thus the project could conflict with a local policy or ordinance protecting biological
resources, such as the tree preservation policy or ordinance, if the protected tree is not
replaced.
a) Potential Impact. The impact identified above is described and discussed in Section
3.3.3.2.e 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.
MM BIO2 Tree Preservation and Protection Plan. To avoid disturbance and injury to
onsite trees, the recommendations for tree preservation in the Arborist Report dated
May 2017 shall be implemented. These recommendations include, but are not limited
to, tree protection fencing to enclose as much of the TPZ as feasible around City trees
on the sidewalks, no grading encroachments closer than 6 inches to the tree trunk
diameter, and periodic inspections by the Site Arborist during construction activities.
MM BIO3 Tree Replacement. The removal of protected Coast Live Oak tree (Tree #8 in
removal ordinance in Palo Alto Municipal Code Chapter 8.10. Trees removed will be
replaced according to replacement tree mitigation measures using the Tree Canopy
Replacement Standard in the Tree Technical Manual, Section 3.00. The
replacement standards outlined in the Tree Technical Manual will be utilized to achieve
no net loss of canopy per Policy 1.G of the Urban Forest Master Plan; specifically, three
native oaks will be planted in the Hamilton Avenue right of way at the project site. Site
preparation and soil volume requirements shall apply so that newly planted trees have
the potential to mature to desired size and thrive.
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c) Finding and Rationale. Changes or alterations have been required in, or incorporated
into, the project, which avoid or substantially lessen the significant environmental effect
identified in the EIR. Implementation of MM BIO2 and MM BIO3 to protect, preserve,
and replace trees, the project would not contribute to cumulative adverse impacts.
Therefore, impacts under this criterion would be less than significant with mitigation
incorporated. As a replacement, three new trees will be planted on site.
Urban Forester has determined that the planting of three native oaks in the Hamilton
Avenue right of way at the project site is appropriate as mitigation to replace the loss of
the one Coast Live Oak on site, subject to the standard requirement to provide
adequate soil conditions to ensure the replacement trees will thrive. A total of nine
trees would be planted on the project site as part of the landscaping plan. There will be
no net loss of trees.
d) Remaining Impact. Mitigation measure BIO2 and BIO3 specified above would
reduce all potential impacts to less than significant.
Cultural, Paleontological, and Tribal Cultural Resources
Impact CTRc: Eliminate Important Examples of California History or Prehistory.
Impact CTRd: Adverse Change in the Significance of an Archeological Resource.
Impact CTRe: Disturb Human Remains.
Impact CTRf: Destroy Paleontological Resource.
Due to excavation of a significant depth being a necessity to construct the basement of the
project, there is a potential to disrupt, alter, or eliminate undiscovered archeological resources
including those of human remains.
a) Potential Impact. The impacts identified above are described and discussed in Section
3.4.3.2.c, d, e, and f 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.
MM CTR1 Resource Recovery Procedures. In the event that archaeological or
paleontological resources are unearthed during project construction, all earth disturbing
work within the vicinity of the find must be temporarily suspended or redirected until an
archaeologist or paleontologist has evaluated the nature and significance of the find.
After the find has been appropriately mitigated, work in the area may resume. A Native
American representative shall be retained to monitor any mitigation work associated
with Native American cultural material.
MM CTR2 Human Remains Recovery Procedures. If human remains are unearthed,
State Health and Safety Code Section 7050.5 requires that no further disturbance shall
occur until the County Coroner has made the necessary findings as to the origin and
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disposition pursuant to the Public Resources Code Section 5097.98. If the remains are
determined to be of Native American descent, the coroner has 24 hours to notify the
Native American Heritage Commission. Additional surveys will be required if the project
changes to include unsurveyed areas.
c) Finding and Rationale:Changes or alterations have been required in, or incorporated
into, the project, which avoid or substantially lessen the significant environmental effect
identified in the EIR. Mitigation Measures CTR1 and CTR2 would reduce impacts to less
than significant regarding disrupting intact archaeological resources, paleontological
resources, and human remains to a less than significant level.
d) Remaining Impact:Mitigation Measures CTR1 and CTR2 specified above would
reduce all potential impacts to less than significant.
Impact CTRg: Tribal Resources. Although no tribal cultural resources are expected to be
present onsite, new ground disturbance would be below the level of past disturbance. As a
result, there is the possibility of encountering undisturbed subsurface tribal cultural resources.
The proposed excavation of the project site could potentially result in adverse effects on
unanticipated tribal cultural resources.
a) Potential Impact. The impact identified above is described and discussed in Section
3.4.3.2.g 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.
MM CTR3 Unanticipated Discovery of Tribal Cultural Resources. If cultural resources of
Native American origin are identified during construction, all earth disturbing work
within the vicinity of the find must be temporarily suspended or redirected until an
archaeologist has evaluated the nature and significance of the find and an appropriate
Native American representative, based on the nature of the find, is consulted. If the City
determines that the resource is a tribal cultural resource and thus significant under
CEQA, a mitigation plan shall be prepared and implemented in accordance with state
guidelines and in consultation with Native American groups. The plan would include
avoidance of the resource or, if avoidance of the resource is infeasible, the plan would
outline the appropriate treatment of the resource in coordination with the archeologist
and the appropriate Native American tribal representative.
c) Finding and Rationale: Changes or alterations have been required in, or incorporated
into, the project, which avoid or substantially lessen the significant environmental effect
identified in the EIR. Mitigation Measure CTR3 would be would reduce impacts from
the unanticipated discovery of tribal cultural resources during construction to less than
significant with MM CTR3.
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d) Remaining Impact: Mitigation Measure CTR3 specified above would reduce all
potential impacts to less than significant.
Geology and Soils
Impact GEOb: Seismic Ground Shaking, SeismicRelated Ground Failure, including
Liquefaction. Development of the proposed project would involve the construction and
occupancy of a new building in a location where strong seismic ground shaking can be expected
to occur over the life of the project. In addition, the northern part of the project site is located
within a State designated Liquefaction Hazard Zone as well as Santa Clara County Liquefaction
Hazard Zone. The project would thus expose people or structures to potential substantial
adverse effects, including the risk of loss, injury or death involving strong seismic ground
shaking or seismicrelated ground failure, including liquefaction.
a) Potential Impact. The impact identified above is described and discussed in Section
3.5.3.2.b 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.
MM GEO1 Geotechnical Investigation for Basement Structure. Building foundations
shall be designed to tolerate total and differential settlements due to static loads and
liquefactioninduced settlement in accordance with the recommendations of the
geotechnical report. The current geotechnical report includes recommendation for a no
basement building only. The project sponsor shall retain the service of a qualified state
licensed engineering and geology specialist to include sitespecific recommendations to
mitigate the potential for risks associated with seismic ground shaking, seismicrelated
ground failure and liquefaction for the foundation of a building with basement. The
updated report shall include design requirements for the construction of the foundation
for the basement option.
c) Finding and Rationale. Changes or alterations have been required in, or incorporated
into, the project, which avoid or substantially lessen the significant environmental effect
identified in the EIR. With implementation of MM GEO1, the construction of the
proposed project would not expose people or structures to adverse effects involving
strong seismic ground shaking. Therefore, the impacts would be less than significant
with mitigation incorporated.
d) Remaining Impact. Mitigation Measure GEO1 specified above would reduce all
potential impacts to less than significant.
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Impact GEOc: Landslides. The construction of the proposed project would require excavation
and fill placement, there would be some potential for constructed (cut and fill) slopes to fail if
they are improperly designed or constructed. The excavation of the project site for the
basement level of the building would increase the exposure of onsite construction workers to
hazards associated with slope failure.
a) Potential Impact. The impact identified above is described and discussed in Section
3.5.3.2.c 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.
MM GEO2 Temporary Shoring, Slopes and Cut. The contractor is
responsible for maintaining all temporary slopes and providing temporary shoring
where required. Temporary shoring, bracing and cuts/fills shall be performed in
accordance with the strictest government safety standards. Excavation during site
demolition and fill removal should be sloped at 3:1 (horizontal: vertical) within the
upper 5 feet. For excavation extending more than 5 feet below building subgrade,
excavations shall be sloped in accordance with the OSHA soil classification. The
contractor is responsible for selecting the shoring method according to their judgment
and experience considering adjacent improvements such as foundation loads, utilities
and pavement. The qualified state licensed engineering and geology specialist in charge
of the geotechnical report shall review the shoring design prior to implementation.
Recommendations of the geotechnical report for temporary shoring are soldier beams
and tiebacks, braced excavation, or other potential methods. The contractor is
responsible or using best management practices to maintain all temporary slopes and
providing temporary shoring where required.
c) Finding and Rationale. Changes or alterations have been required in, or incorporated
into, the project, which avoid or substantially lessen the significant environmental effect
identified in the EIR. With implementation of the Mitigation Measure GEO2, the
construction of the proposed project would not expose people or structures to adverse
effects involving strong seismic ground shaking. The geotechnical report prepared for
the project includes sitespecific design requirements to mitigate the potential for risks
associated with landslide during construction. Therefore, the impacts would be less
than significant with mitigation incorporated.
d) Remaining Impact. Mitigation Measure GEO2 specified above would reduce all
potential impacts to less than significant.
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Hazardous Waste and Materials
Impact HAZd: Hazardous Materials Contamination. There is possibility that some construction
activities such as ground disturbance from excavation may come into contact with
contamination that has migrated from other sites.
a) Potential Impact. The impact identified above is described and discussed in Section
3.7.3.2.d 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.
MM HAZ1 Health and Safety Plan. The City as project sponsor will implement the
following standard measures to avoid and minimize impacts from hazardous material to
construction workers and the general public during construction: 1) In the event of
exposing hazardous material during construction, the City will implement standard
measures required by the federal, state, and local regulations for the collection,
transport, and disposal of the material to prevent the exposure of workers and the
public to such material; 2) The City will require the contractor to prepare and
implement a Health and Safety Plan that includes a Hazardous Materials Management
and Spill Prevention and Control Plan prior to commencement of construction. The plan
will include the projectspecific related hazardous materials and waste operations.
c) Finding and Rationale.Changes or alterations have been required in, or incorporated
into, the project, which avoid or substantially lessen the significant environmental effect
identified in the EIR. With implementation of MM HAZ1, the proposed project would
not create a significant hazard to the public or the environment from existing hazardous
materials contamination. Because any contaminated soil or groundwater, if
encountered, would be properly disposed of, there would be no impact to future users
of the site. Therefore, impacts would be less than significant with mitigation
incorporated.
d) Remaining Impact. Mitigation Measure HAZ1 specified above would reduce all
potential impacts to less than significant.
Transportation
Impact TRAa: Conflict with Plan, Ordinance, Policy Circulation. Implementation of the
project could conflict with an applicable plan, ordinance or policy establishing measures of
effectiveness for the performance of the circulation system. Construction activities would
generate constructionrelated truck and employee trips that could create a temporary increase
in localized traffic. Also, if the City implements paid parking at the parking structure, gates
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would be required which could slow the flow of the traffic resulting in vehicle queuing on to
Hamilton Avenue.
a) Potential Impact. The impact identified above is described and discussed in Section
3.12.4.2.a 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.
MM TR1 Construction Traffic Control Plan. Prior to the excavation, the construction
contractor shall develop the traffic control
coordinate with VTA and submit for City approval. The plan shall be implemented
throughout the course of the project construction and shall include, but not limited to,
the following elements:
Limit truck access to the project site during peak commute times (7:00 A.M. to 9:00
A.M. and 4:00 P.M. to 6:00 P.M.)
Restrict construction truck routes to truck routes designated by the City
Contractor will provide adequate parking or carpool strategy for construction
employees near the construction site, as approved by the City
Require traffic control in the project entrance driveway, including flag persons
oncoming traffic
Coordinate with VTA to temporarily relocate the bus stop to ensure minimal impacts
during sidewalk closure, if needed
Maintain bicycle and pedestrian access and circulation during project construction. If
construction encroaches on a sidewalk, a safe detour will be provided for pedestrian
at the nearest crosswalk
Repair or restore the road rightofway to its original condition or better upon
completion of the work
Provide access for emergency vehicles at all time
MM TR2 Vehicle Queuing Analysis. In the event the project includes a paid parking
component and, therefore, includes a parking gate, the project sponsor must prepare
and submit a queuing study that shows, to the satisfaction of the Transportation
Division, that queuing into Hamilton Avenue would be avoided. Queuing includes a line
of two or more vehicles waiting to enter the structure, which could block traffic on
Hamilton. The study will consider the configuration and the anticipated volume of
vehicles accessing the parking garage during the peak hour. The provisional gates must
process vehicles efficiently such that vehicles do not have to wait to turn into the
parking facility.
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c) Finding and Rationale. Changes or alterations have been required in, or incorporated
into, the project, which avoid or substantially lessen the significant environmental effect
identified in the EIR. Incorporation of Mitigation Measures TR1 and TR2 would ensure
that the project would not conflict with an applicable plan, ordinance or policy
establishing measures of effectiveness for the performance of the circulation system.
Implementation of MM TR1 Traffic Control Plan would reduce the potential of traffic
disruption to less than significant. During the operation of the parking structure, several
measures would be implemented to optimize the operation of the parking structure and
avoid vehicles queuing on Hamilton Avenue. At this time, the City has not decided
whether the parking structure would be a paid parking structure; if paid parking is
implemented, gates would be required and could slow the flow of the traffic into the
garage. Implementation of MM TR2 would ensure that queues from the parking garage
do not back up onto Hamilton Avenue. For these reasons, the project would have a less
than significant impact with mitigation incorporated.
d) Remaining Impact.Mitigation Measures TR1 and TR2 specified above would reduce
all potential impacts to less than significant.
Impact TRAe: Emergency Access Impact. There could be a temporary impact to emergency
access at the project site during construction.
a) Potential Impact. The impact identified above is described and discussed in Section
3.12.4.2.e of the Draft EIR.
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.
MM TR1 Construction Traffic Control Plan. Prior to the excavation, the construction
contractor shall develop
coordinate with VTA and submit for City approval. The plan shall be implemented
throughout the course of the project construction and shall include, but not limited to,
the following elements:
Limit truck access to the project site during peak commute times (7:00 A.M. to 9:00
A.M. and 4:00 P.M. to 6:00 P.M.)
Restrict construction truck routes to truck routes designated by the City
Contractor will provide adequate parking or carpool strategy for construction
employees near the construction site, as approved by the City
Require traffic control in the project entrance driveway, including flag persons
oncoming traffic
Coordinate with VTA to temporarily relocate the bus stop to ensure minimal impacts
during sidewalk closure, if needed
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Maintain bicycle and pedestrian access and circulation during project construction. If
construction encroaches on a sidewalk, a safe detour will be provided for pedestrian
at the nearest crosswalk
Repair or restore the road rightofway to its original condition or better upon
completion of the work
Provide access for emergency vehicles at all time
c) Finding and Rationale. Changes or alterations have been required in, or incorporated
into, the project, which avoid or substantially lessen the significant environmental effect
identified in the EIR. Incorporation of Mitigation Measures TR1 would ensure that the
project would not result in inadequate emergency access. Therefore, the project would
have a less than significant impact with mitigation incorporated.
d) Remaining Impact.Mitigation Measures TR1 specified above would reduce all
potential impacts to less than significant.
Impact TRAf: Conflict With Policies, Plans, Programs or Decrease Performance Or Safety for
Public Transit, Bicycle, and Pedestrians. The project could conflict with adopted policies, plans,
or program regarding public transit, bicycle or pedestrian facilities or decrease their
performance. The project could involve a temporary closure of the sidewalk on Hamilton
Avenue or Waverley Street and a bus stop on Hamilton Avenue in front of the project site.
Furthermore, entries and exits of trucks and heavy constructions vehicles from the project site
in the downtown area could impact the bicyclists and the pedestrians.
a) Potential Impact. The impact identified above is described and discussed in Section
3.12.4.2.f 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.
MM TR1 Construction Traffic Control Plan. See above.
MM TR3 Parking Structure Access and Exit Safety Improvement. The following
improvement shall be implemented to improve safety in accessing and exiting the
proposed parking structure: The City will install a stop sign at the intersection of Lane
21 and Bryant Street.
c) Finding and Rationale. Changes or alterations have been required in, or incorporated
into, the project, which avoid or substantially lessen the significant environmental effect
identified in the EIR. With the implementation of MM TR1 and MM TR3, the proposed
project would not conflict with adopted policies, plans, or program regarding public
transit, bicycle or pedestrian facilities or decrease their performance. Therefore, the
project would have less than significant impact with mitigation incorporated.
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d) Remaining Impact. Mitigation Measures TR1 and TR3 specified above would reduce
all potential impacts to less than significant.
SECTION 3. 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.
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 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.
/ /
DocuSign Envelope ID: EC36E39E-3A5E-4AB8-9EEA-088FEDC2C473
15
SECTION 5. Location and Custodian of Records
The documents and other materials that constitute the record of proceedings on which the City
Council based the foregoing findings and approval of the Project are located at the Department
of Planning and Community Environment, 250 Hamilton Avenue, Palo Alto, CA 94301. The
official custodian of the record is the Planning Director at the same address.
PASSED: February 11, 2019
AYES: CORMACK, DUBOIS, FILSETH, FINE, KNISS, KOU, TANAKA
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
City Clerk Mayor
Assistant City Attorney City Manager
Director of Public Works
Director of Planning and
Community Environment
DocuSign Envelope ID: EC36E39E-3A5E-4AB8-9EEA-088FEDC2C473
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