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HomeMy WebLinkAboutRESO 9772DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 Resolution No. 9772 Resolution of the Council of the City of Palo Alto Certifying the Adequacy of the Final Environmental Impact Report for the Public Safety Building and California Avenue Parking Garage Project, 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. The City of Palo Alto ("City") has proposed a project to relocate its public safety functions from their current Downtown location and construct a new public safety building and public parking garage on adjacent sites at 250 and 350 Sherman Avenue that are currently used as surface parking lots in the California Avenue commercial area in Palo Alto (the "PSB Project" or the "Project"). B. Approval of the PSB Project would constitute a project under the provisions of the California Environmental Quality Act of 1970, together with related state implementation guidelines promulgated thereunder ("CEQA"). 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 PSB Project and approving associated zoning code amendments. E. A Draft Environmental Impact Report ("Draft EIR") was circulated for public review from January 8, 2018 through February 22, 2018, during which time the City held public hearings to receive comments on the Draft EIR. The hearings were held by the City's Architectural Review Board (ARB) on January 18, 2018 and Planning and Transportation Commission (PTC) on January 31, 2018. F. The City considered the comments received during the Draft EIR public review period and prepared a Final Environmental Impact Report ("Final EIR"). The Final Environmental Impact Report is comprised of the Draft EIR, together with the Final Environmental Impact Report published on May 11, 2018 (collectively, all of said documents are referred to herein as the "EIR"). G. The Council is the decision-making 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 decision-making body of a public agency make certain 1 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 findings regarding those effects. 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 initially identified as "less than significant" and finds that 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 2 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 impact or substantially more severe environmental impact (not already disclosed and evaluated in the DEIR), (ii) any feasible mitigation measure considerably different from 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 completed in compliance with CEQA and reflects the City of Palo Alto's independent 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 PSB 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 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 3 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 effects can be fully addressed and reduced to less than significant through the adoption and implementation of standard project requirements incorporated as part of the Project and feasible mitigation measures. Those impacts, along with the standard project requirements and mitigation measures to reduce them to less than significant, are listed below as referenced in the Final EIR. Air Quality Impact 5-1: Project construction would expose sensitive receptors located adjacent to and in close proximity of the proposed Project site to localized, outdoor concentrations of DPM and PM2.s that could exceed BAAQMD risk thresholds even with the implementation of standard BAAQMD construction measures. a) Potential Impact. The impact identified above is described and discussed in Section 5.3.6 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 5-1 Construction Air Contaminant Emissions To reduce potential short-term adverse health risks associated with PM2.5 emissions, including emissions of diesel particulate matter (DPM), generated during Project construction activities, the City and/or its designated contractors, contractor's representatives, or other appropriate personnel shall: 1. Implement BAAQMD-recommended "Additional Construction Measures". The City shall implement the following BAAQMD-recommended additional construction mitigation measures during construction activities: 1. All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil moisture of 12 percent, to be verified by lab samples or moisture probe. 2. All excavation, grading, and/or demolition activities shall be suspended when average winds speeds exceed 20 miles per hour. 3. Temporary wind breaks (e.g., fences) shall be installed on the windward (generally the north I northwest) of actively disturbed areas of construction. The wind breaks should have at maximum SO percent air porosity 4. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established 4 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 5. Simultaneous occurrence of excavation, grading, and ground- disturbing construction activities in the same area at any one time shall be limited and/or phased to reduce the amount of disturbed surfaces at any one time. 6. All trucks and equipment, including their tires, shall be washed off prior to leaving the site. 7. Site access to a distance of 100 feet from the paved road, or as much as feasible, shall be treated with a compacted layer of wood chips, mulch, gravel, or other cover as feasible to reduce track-out. 8. Minimize the idling time for diesel-powered construction equipment to two minutes provided such idling restrictions are consistent with manufacturer's equipment specifications. 2. Construction equipment restrictions. The City shall apply the following construction equipment restrictions to the proposed Project: 1. Electric-powered and liquefied or compressed natural gas equipment shall be employed instead of diesel powered equipment to the maximum extent feasible. 2. All construction equipment with a rated power-output of 25 horsepower or greater shall meet U.S. EPA and CARB Tier IV Final Emission Standards for particulate matter. This may be achieved via the use of equipment with engines that have been certified to meet Tier IV emission standards, or through the use of equipment that has been retrofitted with a CARS-verified diesel emission control strategy (e.g., oxidation catalyst, particulate filter) capable of reducing exhaust PM emissions to levels that meet Tier IV standards. 3. Prepare Construction Risk Reduction Plan. Prior to the start of construction activity, the City and/or its contractor shall prepare a Construction Risk Reduction Plan for the Project which: 1. Identifies the final planned construction phasing schedule and anticipated equipment operations. 2. Estimates the proposed Project's construction emissions based on the final phasing and equipment plan. Any emission update shall be performed using the latest-recommended emissions estimator model recommended by the BAAQMD or other standard, acceptable methodology (e.g., contractor-specific fleet emission factors and estimates of equipment operating hours) 3. Models the potential diesel particulate matter and total PM2.5 concentrations resulting from refined emissions estimates. Any modeling shall be performed using an accepted screening or refined dispersion- model recommended for use by the BAAQMD. The modeling shall focus 5 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 on discrete, residential receptors located at and near the proposed Project site. 4. Estimates potential adverse health effects associated with exposure to DPM. Risk estimates shall follow the latest recommendations of the BAAQMD. The goal of the risk estimation shall be to identify the receptor(s) or areas of receptors where carcinogenic and non- carcinogenic risk thresholds may be exceeded. If risks are exceeded, the plan shall identify feasible on-and off-site measures to reduce risks to levels below BAAQMD thresholds. On-site measures may include the BAAQMD "Additional Construction Measures" and construction equipment restrictions included in Mitigation Measure 5-1, as well as phasing I activity restrictions. Off-site measures may include coordinating with all impacted receptors to replace and upgrade existing HVAC systems to provide high-performance panel filters capable of reducing potential modeled outdoor PM2.5 concentrations I risks to levels that are below BAAQMD thresholds. 4. Implement Off-Site Mitigation. In-lieu of preparing the Construction Risk Reduction Plan identified above, the City may, prior to the start of construction activities, coordinate directly with impacted residential receptors to replace and upgrade existing residential HVAC systems with a high-performance panel filter with a rated minimum efficiency reporting value (MERV) for particles in the range of 0.3 to 1.0 µm of 70% (presumed to be a minimum MERV-14), or equivalent system upgrade. This level of control would reduce risks to levels below current BAAQMD thresholds. Based on the results of the modeling conducted for the EIR, the City shall coordinate with residential receptors located in the area bound by Park Boulevard to the north, Ash Street to the south, Sheridan Avenue to the east, and Sherman Avenue to the west. 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 5-1 would limit construction activities and require the implementation of controls that would reduce predicted adverse construction health risks to less-than-significant levels. Mitigation Measure 5-1 would reduce toxic air contaminant emissions generated during Project construction to less than significant. d) Remaining Impact. Mitigation Measure 5-1 specified above would reduce all potential impacts to less than significant. Biological Resources Impact 6-1: Potential Impacts on Nesting Birds. The proposed PSB Project is intended to improve the natural environment on the Project site with an extensive array of coordinated new landscaping and trees. However, 38 existing trees are proposed to be removed. Without a 6 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 proactive mitigation procedure in place, Project construction could inadvertently result in the removal of trees containing nests or eggs of migratory birds, raptors, or bird species during the nesting season, which would be considered an "unlawful take" under the Federal Migratory Bird Treaty Act and USFW provisions protecting migratory and nesting birds. a) Potential Impact. The impact identified above is described and discussed in Section 6.3.2 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 6-1 Potential Impacts on Nesting Birds To avoid impacts to nesting birds and violation of State and federal laws pertaining to birds, all construction-related activities (including but not limited to mobilization and staging, clearing, grubbing, vegetation removal, fence installation, demolition, and grading) should occur outside the avian nesting season (that is, prior to February 1 or after August 31). If construction and construction noise occurs within the avian nesting season (from February 1 to August 31), all suitable habitats located within the Project's area of disturbance, including staging and storage areas plus a 150-foot buffer around these areas, shall be thoroughly surveyed, as feasible, for the presence of active nests by a qualified biologist no more than five days before commencement of any site disturbance activities and equipment mobilization. If Project activities are delayed by more than five days, an additional nesting bird survey shall be performed. Active nesting is present if a bird is sitting in a nest, a nest has eggs or chicks in it, or adults are observed carrying food to the nest. The results of the surveys shall be documented. If it is determined that birds are actively nesting within the survey area, the additional procedures below shall apply. Conversely, if the survey area is found to be absent of nesting birds, the additional procedures shall not be required. Additional Procedures. If pre-construction nesting bird surveys result in the location of active nests, no site disturbance and mobilization of heavy equipment (including but not limited to equipment staging, fence installation, clearing, grubbing, vegetation removal, fence installation, demolition, and grading) shall take place within 150 feet of nests, or as determined by a qualified biologist, until the chicks have fledged. Monitoring shall be required to insure compliance with the MBTA and relevant California Fish and Game Code requirements. Monitoring dates and findings shall be documented. c) Finding and Rationale. Changes or alterations have been required in, or 7 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Mitigation Measure 6-1 includes measures to protect nesting birds, including conducting nesting surveys prior to construction and retaining a qualified biologist to monitor activities and ensure nesting species are not disturbed. Mitigation Measure 6-1 would reduce potential impacts on nesting birds to less than significant. d) Remaining Impact. Mitigation Measure 6-1 specified above would reduce all potential impacts to less than significant. Impact 6-2: Removal of Protected and Street Trees. Because 6 protected trees and 5 street trees (those within street rights-of-way) are proposed to be removed as part of the proposed PSB Project, Palo Alto Municipal Code Title 8 (Trees and Vegetation) Chapters 8.04 and 8.10 would apply to the Project to require on-site tree replacement or off-site replacement and mitigation in accordance with the standards in the City's Tree Technical Manual (Section 8.10.0SO(d)(2)). Without adequate replacement or other mitigation as set forth in the Tree Technical Manual, the Project would be inconsistent with the Municipal Code tree protection provisions. a) Potential Impact. The impact identified above is described and discussed in Section 6.3.2 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 6-2 Removal of Protected and Street Trees Prior to removal of the protected trees and street trees, the applicant shall obtain a tree removal permit issued by the City of Palo Alto Urban Forestry Division for the removal of any and all protected, designated, or street trees (referred to collectively as "Regulated Trees"). In all cases, replacement trees would be required as a condition of the tree removal permit, and the Project applicant must demonstrate to the satisfaction of the City that there is no alternative that could preserve the tree(s) on-site. The Project applicant must provide an evaluation and summary for any Regulated Tree (the collective term for any protected, designated, or street tree) proposed to be removed. The applicant shall be required, in accordance with the Tree Protection and Management Regulations (PAMC 8.10) and Tree Technical Manual (PAMC 8.10.130), to replace the tree canopy for the six (6) protected trees and five (5) street trees, in accordance with the tree canopy formula identified in the Tree Technical Manual (TTM, 3.20). If the tree canopy cannot be replaced on- site, the canopy shall be replaced off-site as close to the project site as feasible. If trees are being replaced off-site, the applicant must submit a Tree Planting Plan to the Urban Forestry Division and obtain the Urban Forestry 8 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 Division's approval of the plan prior to issuance of a building permit. The Tree Planting Plan must include: • The canopy calculation for trees removed and the number of trees planned to replace them, consistent with the formula identified in the Tree Technical Manual • The specific location where the new trees would be planted with specific baseline information about that proposed site (e.g., surrounding vegetation or development) • The species of trees to be planted • Specific planting details (e.g., size of sapling, size of containers, irrigation plan) • Success criteria • Monitoring and maintenance schedule Replacement tree planting will be monitored by a qualified arborist. To verify the success of replacement trees, monitoring shall occur for two years after initial planting. After the two-year period, the arborist will determine if the trees are capable of surviving without further maintenance. 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 6-2 includes measures to replace trees consistent with City of Palo Alto Tree Protection and Management Regulations (PAMC 8.10), the Tree Technical Manual (PAMC 8.10.130), and the protocols and standards of the Urban Forestry Division. Mitigation Measure 6-2 would reduce impacts on the removal of protected and street trees to less than significant. d) Remaining Impact. Mitigation Measure 6-2 specified above would reduce all potential impacts to less than significant. Cultural and Historic Resources Impact 7-1: Potential Disturbance of Archaeological or Paleontological Resources. Project construction (e.g., excavation for underground parking and utilities) could disturb existing unrecorded sensitive archaeological or paleontological resources at the PSB Project site. a) Potential Impact. The impact identified above is described and discussed in Section 7.3.2 of the Draft EIR. 9 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 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 7-1 Potential Disturbance of Archaeological or Paleontological Resources In the event of the unanticipated discovery of subsurface archaeological or paleontological resources during earth-moving operations, the following measures are recommended to reduce potentially significant impacts on these resources to a less-than-significant level: • Conduct Archaeological/Paleontological Sensitivity Training for Construction Personnel. The City shall retain a qualified professional archaeologist who meets U.S. Secretary of the Interior's Professional Qualifications and Standards, and a professionally qualified paleontologist, to conduct an Archaeological/Paleontological Sensitivity Training for construction personnel prior to commencement of excavation activities. The training session will include a written handout and will focus on how to identify archaeological and paleontological resources that may be encountered during earth-moving activities, including the procedures to be followed in such an event, the duties of archaeological and paleontological monitors, and the general steps a qualified professional archaeologist or paleontologist would follow in conducting a salvage investigation if one is necessary. • Cease Ground-Disturbing Activities and Implement Treatment Plan if Archaeological Resources Are Encountered. In the event that archaeological resources are unearthed during ground-disturbing activities, the ground- disturbing activities shall be halted or diverted away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet shall be established around the find, where construction activities will not be allowed to continue until a qualified archaeologist has examined the newly discovered artifact(s) and has evaluated the area of the find. Work shall be allowed to continue outside the buffer area. All archaeological resources unearthed by project construction activities shall be evaluated by a qualified professional archaeologist, who meets the U.S. Secretary of the Interior's Professional Qualifications and Standards. Should the newly discovered artifacts be determined to be prehistoric, Native American Tribes/Individuals shall be contacted and consulted, and Native American construction monitoring should be initiated. The City shall coordinate with the archaeologist to develop an appropriate treatment plan for the resources. The plan may include implementation of archaeological data recovery excavations to address treatment of the resources, along with subsequent laboratory processing and analysis. 10 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 • Conduct Periodic Archaeological Resources Spot Checks During Grading and Earth-Moving Activities in All Sediments. The City shall retain a qualified professional archaeologist who meets the U.S. Secretary of the Interior's Professional Qualifications and Standards, to conduct periodic Archaeological Spot Checks beginning at depths below two (2) feet to determine if construction excavations have exposed, or have a high probability of exposing, archaeological resources. After the initial Archaeological Spot Check, further periodic checks shall be conducted at the discretion of the qualified archaeologist. If the qualified archaeologist determines that construction excavations have exposed, or have a high probability of exposing, archaeological artifacts, construction monitoring for archaeological resources will be required. The City shall retain a qualified archaeological monitor, who meets the qualifications set forth by the U.S. Secretary of the Interior's Professional Qualifications and Standards, who will work under the guidance and direction of a professional archaeologist. The archaeological monitor shall be present during all construction excavations (e.g., grading, trenching, or clearing/grubbing) into non-fill sediments. Multiple earth-moving construction activities may require multiple archaeological monitors. The frequency of monitoring shall be based on the rate of excavation and grading activities, proximity to known archaeological resources, the materials being excavated (native versus artificial fill soils), the depth of excavation, and if found, the abundance and type of archaeological resources encountered. Full- time monitoring can be reduced to part-time inspections if determined adequate by the project archaeologist. • If subsurface paleontological resources are encountered, excavation shall halt in the vicinity of the resources and a qualified paleontologist shall evaluate the resource and its stratigraphic context. The monitor shall be empowered to temporarily halt or redirect construction activities to ensure avoidance of adverse impacts to paleontological resources. During monitoring, if potentially significant paleontological resources are found, "standard" samples shall be collected and processed by the qualified paleontologist to recover micro vertebrate fossils. If significant fossils are found and collected, they shall be prepared to a reasonable point of identification. Excess sediment or matrix shall be removed from the specimens to reduce the bulk and cost of storage. Itemized catalogs of material collected and identified shall be provided to a museum repository with the specimens. Significant fossils collected during this work, along with the itemized inventory of these specimens, shall be deposited in a museum repository for permanent curation and storage. A report documenting the results of the monitoring and salvage activities, and the significance of the fossils, if any, shall be prepared. The report and inventory, 11 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 when submitted to the lead agency, shall signify the completion of the program to mitigate impacts on paleontological resources. c) Finding and Rationale. Mitigation Measure 7-1 includes measures to protect as- yet undiscovered archaeological and paleontological resources, including conducting training for construction personnel, ceasing ground-disturbing activities upon any discovery, implementation of a treatment plan by a qualified professional archaeologist, conducting spot checks, monitoring excavation activities, and collection and preparation of paleontological resources by a qualified paleontologist. Mitigation Measure 7-1 would reduce impacts on archaeological and paleontological resources to less than significant. d) Remaining Impact. Mitigation Measure 7-1 specified above would reduce all pot~ntial impacts to less than significant. Impact 7-2: Unanticipated Discovery of Tribal Cultural Resources. Project construction activities (e.g., excavation) could disturb as yet unidentified and/or unrecorded tribal cultural resources, including possible human remains. a) Potential Impact. The impact identified above is described and discussed in Section 7.3.2 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 7-1 Unanticipated Discovery of Tribal Cultural Resources In the event that 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 ~onsulted. 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 archaeologist 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 7-2 includes measures to protect as-yet undiscovered tribal cultural resources, including evaluation by a qualified archaeologist, consultation with an appropriate Native American representative, and implementing a 12 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 mitigation plan. Mitigation Measure 7-2 would reduce potential impacts on tribal cultural resources to less than significant. d) Remaining Impact. Mitigation Measure 7-2 specified above would reduce all potential impacts to less than significant. Geology and Soils Impact 8-1: Geotechnical Hazards Associated with Project Excavation and Grading. The Project's proposed excavation and grading activities have the potential to create conditions that would potentially compromise the safety or stability of proposed Project improvements. The preliminary site-specific geotechnical investigation (Romig Engineers, May 2016) made initial assessments of these conditions, but a construction-level geotechnical investigation will be needed to adequately address all grading and excavation activities on the proposed Public Safety Building and California Avenue Parking Garage (PSB Project) site. Without such a detailed study--and without the associated supervision of an engineering geologist or geotechnical engineer during Project grading and construction--the safety and long-term stability of existing and proposed Project improvements cannot be assured. a) Potential Impact. The impact identified above is described and discussed in Section 8.3.3 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 8-1 Geotechnical Hazards Associated with Project Excavation and Grading As recommended by the Project's preliminary geotechnical investigation, prior to City issuance of grading permits for individual Project construction comp1;ments, the City shall be required to retain a registered engineering geologist or geotechnical engineer to prepare detailed, construction-level geotechnical investigations to guide the construction of all Project grading and excavation activities. The detailed, construction-level geotechnical investigations shall be performed for each of the structures proposed for the development site. Subsurface conditions shall be explored and laboratory tests conducted on selected soil samples to establish parameters for the design of excavations, foundations, shoring, and waterproofing. Recommendations from the investigations shall be incorporated into all plans for Project grading, excavation, soil support (both temporary and long-term), and utility construction, to the satisfaction of the City Engineer. The detailed, construction-level investigations, relevant recommendations, 13 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 and all associated Project grading, excavation and foundation plans, shall be subject to review and approval by an independent engineering geologist or geotechnical engineer retained by the City Engineer. In addition, the project civil engineer shall certify to the City Engineer (e.g., through plan submittal for City review) that all relevant provisions of the investigations have been incorporated into the grading, excavation and construction plans, and all earthwork and site preparation shall be performed under the direct supervision of a registered engineering geologist or geotechnical engineer. 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 8-1 includes measures to ensure the safety and stability of all Project improvements, including the structures and associated infrastructure. Mitigation Measure 8-1 would reduce geotechnical hazards associated with Project excavation and grading to less than significant. d) Remaining Impact. Mitigation Measure 8-1 specified above would reduce all potential impacts to less than significant. Hazards and Hazardous Materials Impact 10-1: Potential Project-Related Exposure to Existing Soil or Groundwater Contamination. Project-related excavation and construction activities could expose on-site construction personnel, employees, and members of the public to existing soil and groundwater contamination. a) Potential Impact. The impact identified above is described and discussed in Section 10.3.3 of the Draft EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings: MM 10-1 Potential Project-Related Exposure to Existing Soil or Groundwater Contamination: Recommendations included in the Phase II ESA (Stantec, June 8, 2017) shall be implemented, based on construction- level project plans when more specific and precise design and construction activities are formulated. The Phase II ESA recommends additional assessment of local and regional groundwater conditions in advance of dewatering activities, combined with, as necessary, evaluation of pertinent and cost-effective water management strategies, including preparation of Site Management Plans. Likewise, the Project must comply with the City's standard dewatering requirements. This assessment and mitigation process 14 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 shall be subject to review and approval by the City Engineer. 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 10-1 includes measures to ensure that the Project would not result in soil or groundwater contamination. Mitigation Measure 10-1 would reduce potential hazards and hazardous materials impacts to less than significant. d) Remaining Impact. Mitigation Measure 10-1 specified above would reduce all potential impacts to less than significant. Impact 13-1 Project Construction Noise. Project construction would include site preparation, excavation and grading, utility trenching, construction of a new parking garage and public safety building, and application of architectural coatings. The noise levels generated by Project construction would be in excess of 10 dB above ambient conditions at sensitive receptor locations for several hours a day for a period of approximately 16 to 21 months. a) Potential Impact. The impact identified above is described and discussed in Section 13.3.2 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 13-1 Project Construction Noise: To reduce potential noise levels associated construction of the proposed Project, the City and/or its designated contractors, contractor's representatives, or other appropriate personnel shall: • Restrict work hours/equipment noise. All work shall be subject to the construction noise and time limits contained in City Municipal Code Chapter 9.10. Construction activities (including deliveries) shall only occur during the following time periods: - 8 AM to 6 PM Monday through Friday; and - 9 AM to 6 PM on Saturday Construction activities shall be prohibited on Sundays and holidays. The City and/or its contractor shall post a sign at all entrances to the construction site informing contractors, subcontractors, construction workers, etc. of these requirements in accordance with Section 9.10.0GO(c). The sign sh-all also provide a name (or title) and phone number for an appropriate on-site and City 15 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 representative to contact to submit a noise complaint. • Construction equipment care, siting, and design measures. The following construction equipment care, siting, and design measures shall apply during construction activities: -Heavy equipment engines shall be covered and exhaust pipes shall include a muffler in good working condition. Pneumatic tools shall include a noise suppression device on the compressed air exhaust. -All stationary noise-generating equipment such as pumps, compressors, and welding machines shall be shielded and located as far from sensitive receptor locations as practical. At a minimum, such shielding shall consist of a three- sided sound enclosure (with a full or partial roof) that provides for proper ventilation, equipment operation, and effective noise control. The enclosure should be designed to achieve a 10 to 15 dB reduction in stationary equipment noise levels. The design of the enclosure shall be reviewed by a qualified acoustical consultant prior to installation to ensure the enclosure will achieve a minimum 10 dB reduction in stationary equipment noise levels. -The City shall connect to existing electrical service at the site to avoid the use of stationary, diesel-or other alternatively-fueled power generators. -No radios or other amplified sound devices shall be audible beyond the property line of the construction site. • Construction traffic. Construction truck traffic, including soil hauling, equipment deliveries, potential concrete deliveries, and other vendor deliveries shall follow designated delivery routes prepared for the project, which are anticipated to include travel on Oregon Expressway and Birch Road. • Construct/Install Temporary Noise Barrier: The City shall install and maintain throughout the duration of all site preparation, excavation, foundation construction, and building construction activities, one or more physical noise barriers capable of achieving a minimum reduction in predicted construction noise levels of 15.5 dB. Potential barrier options would include: - A concrete, wood, or other barrier installed at-grade (or mounted to structures located at-grade, such as K-Rail) along the project property line. Such a wall/barrier shall consist of material that have a minimum rated transmission loss value of 25.5 dB (or equivalent rating), and shall contain no gaps in the structure through which noise may pass. -Commercially available acoustic panels or other products such as acoustic barrier blankets installed along the project property line, building envelope or, if feasible and necessary, at or near sensitive residential receptor areas. -Any combination of noise barriers and commercial products capable of achieving a 15.5 dB reduction in construction noise levels at sensitive receptor locations. 16 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 -Prior to the start of the Project, the City may prepare an acoustical analysis that reflects the final site plan, construction activities, equipment use and duration, and refines potential construction noise reductions required for the project. The final type, placement, and design of the Project's temporary noise barrier(s) shall be reviewed by a qualified acoustical consultant prior to installation to ensure proper function and a minimum attenuation of 15.5 dBs in construction noise levels. • Prepare Project Construction Noise Control Plan. Prior to the start of construction activity, the City or its contractor shall prepare a Construction Noise Complaint Plan for the Project which: • -Identifies the name and/or title and contact information (including phone number and email) of the contractor and City representatives responsible for addressing construction-noise related issues. -Contains a detailed construction schedule and predicted noise levels associated with construction activities. -Includes procedures describing how the construction contractor will receive, respond, and resolve to construction noise complaints. At a minimum, upon receipt of a noise complaint, the contractor and/or City representative described in the first sub-bullet above shall identify the noise source generating the complaint, determine the cause of the complaint, and take steps to resolve the complaint. Prepare Construction Noise Monitoring Plan. Pri~r to the start of construction, the City or its contractor shall prepare a Construction Noise Monitoring Plan which identifies: -Construction activities, hours of operation, and predicted construction noise levels; and -Construction noise monitoring locations, duration, and frequency. The intent of the Construction Noise Monitoring Plan is to document updated ambient noise levels, monitor construction noise levels, and verify compliance with the noise reduction requirements in Mitigation Measure 13-1. If monitoring indicates temporary noise barriers are not achieving a minimum 15.5 dB reduction in construction noise levels or otherwise indicates construction noise is resulting a 10 dB increase in noise levels above ambient conditions, the City shall increase the height, size (length or width), density, and/or amount of noise barriers installed such that attenuation requirements are achieved. The Construction Noise Monitoring Plan may be combined with and/or incorporated into the Construction Noise Complaint Plan described above. The implementation of these measures would limit construction activities and require the implementation of controls that would reduce predicted construction 17 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 noise levels to less than a 10 dB increase above existing ambient conditions. 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 13-1 mandates that specific noise control measures be included in contract specifications, such as work hou'r and construction noise restrictions; construction equipment care, siting, and design measures; temporary noise barriers; a Construction Noise Control Plan; and a Construction Noise Monitoring Plan. Mitigation Measure 13-1 would limit construction activities and require the implementation of controls that would reduce predicted construction noise levels to less than significant. d) Remaining Impact. Mitigation Measure 13-1 specified above would reduce all potential impacts to less than significant. Impact 13-2 Project Groundborne Vibration Levels. Project construction activities could generate perceptible groundborne vibration at adjacent buildings, including residential buildings, for a period of approximately 8 months. a) Potential Impact. The impact identified above is described and discussed in Section 13.3.2 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 13-2 Potential Groundborne Vibration Levels To reduce potential groundborne vibration levels associated with construction of the proposed Project, the City and/or its designated contractors, contractor's representatives, or other appropriate personnel shall: • Prohibit Vibratory Equipment. The City shall prohibit the use of large vibratory rollers (small plate compactors are acceptable) and vibratory pile driving equipment during construction. Any deep foundation piers or caissons shall be auger drilled. • Provide Notice to Adjacent Property Owners/Occupants. Five (5) days advanced written notice shall be provided to adjacent property owners and building occupants before commencing all drilling and significant earthmoving activities within 65 feet of adjacent buildings. The notice shall provide the name (or title) and contact information (including phone number and email) of the Contractor and City-representatives responsible for addressing construction vibration- related concerns. 18 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 • Prepare Vibration Mitigation Plan. Prior to the start of construction activity, the City or its contractor shall prepare a Construction Vibration Response Plan for the project which: -Identifies the name and/or title and contact information (including phone number and email) of the Contractor and City-representatives responsible for addressing construction vibration-related issues. Contains a detailed schedule of drilling and substantial earth moving activities expected to occur within 65 feet of adjacent buildings. -Includes procedures describing how the construction contractor will receive, respond, and resolve to construction vibration complaints. At a minimum, upon receipt of a vibration complaint, the Contractor and/or City representative described in the first sub-bullet above shall identify the vibration source generating the complaint, determine the cause of the complaint, and take steps to resolve the complaint by reducing ground borne vibration levels to less than 75 VdB and 0.04 in/sec PPV. Such measures may include the use of non-impact drivers, use of rubber-tired equipment instead of track equipment, or other measures that limit annoyance from groundborne vibration levels. The implementation of these measures would limit the potential for groundborne vibration during construction activities, require advanced notice to adjacent property owners and building occupants, and develop procedures designed to limit potential annoyance and interference with daily activities at adjacent buildings. 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 13-2 mandates that specific groundborne vibration control measures be included in contract specifications, such as vibratory equipment prohibitions, notice to adjacent property owners and occupants, and a Construction Vibration Mitigation Plan. Mitigation Measure 13-2 would reduce groundborne vibration impacts to less than significant. d) Remaining Impact. Mitigation Measure 13-2 specified above would reduce all potential impacts to less than significant. Impact 13-3 Project Operational Noise. Noise generated by the parking garage ventilation fans and the Public Safety Building generator, fire pump, and heating and air conditioning equipment may exceed standards contained in the City Municipal Code unless shielding or other means of attenuation is provided. a) Potential Impact. The impact identified above is described and discussed in Section 13.3.2 of the Draft EIR. 19 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 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 13-3 Project Operational Noise: To reduce potential stationary source noise levels associated with the operation of the proposed Project, the City and/or its designated contractors, contractor's representatives, or other appropriate personnel shall: • Site equipment away from residential areas. Garage ventilation fans and public safety building generators, fire pumps, and heating and air conditioning equipment shall be located outside of setbacks and screened from view from residential areas. • Enclose and/or Shield Stationary Noise-Generating Equipment. The City shall enclose, shield, baffle, or otherwise attenuate noise generated from garage ventilation fans and Public Safety Building generators, fire pumps, and heating and air conditioning equipment. The attenuation achieved through such enclosure, shielding, and/or baffling shall be sufficient to comply with Section 9.10.050(a) of the Municipal Code. • Prepare Acoustical Study. In accordance with Chapters 9.10 and 18.23 of the Municipal Code, the City shall have an acoustical analysis prepared by a licensed acoustical engineer that demonstrates: -The proposed parking garage's generator would comply with the requirements of the City's Noise Ordinance (Section 9.10.050, as excepted). -The proposed parking garages ventilation fans would not result in a calculated Ldn of 63.0 at sensitive residential receptor locations. -The proposed Public Safety Building fire pump, back-up generator, and heating and air conditioning equipment would comply with the requirements of the City's Noise Ordinance (Section 9.10.050, as excepted) and would not result in a calculated increase of more than 3.0 dB Ldn at sensitive receptor locations. The acoustical analysis shall be based on the final Project design, reflect the actual equipment type and location at the Project site, and the actual noise enclosure, shielding, or other attenuation measures included in the final Project design. If the acoustical study demonstrates the noise levels from these sources would be at or within 5 dB less than the Noise Ordinance limits, the City shall demonstrate through monitoring that the equipment complies with the anticipated noise levels. Implementation of these measures would ensure the Project is designed and constructed in a manner consistent with the City's Municipal Code requirements. c) Finding and Rationale. Changes or alterations have been required in, or 20 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Mitigation Measure 13-3 mandates that specific operational noise control measures be included in contract specifications, such as the siting of noise-generating equipment away from residential areas; enclosing and shielding noise-generating equipment; and a subsequent acoustical analysis based on the final project design. Mitigation Measure 13-3 would reduce operational noise impacts to less than significant. d) Remaining Impact. Mitigation Measure 13-3 specified above would reduce all potential impacts to less than significant. No residual impacts would remain. 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, firs~ determine whether there are any project alternatives that are feasible and that would substantially lessen or avoid the project's significant impacts. Because all of the Project's impacts are being mitigated through the adoption of mitigation measures described above, and because the Project will thus not result in any significant environmental effects, the City Council finds that there is no need to further consider the feasibility of any of the alternatives identified in the Final EIR. SECTION 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. 21 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM PUBLIC SAFETY BUILDING AND CALIFORNIA AVENUE PARKING GARAGE ENVIRONMENTAL IMPACT REPORT State Clearinghouse No. 2017032066 CITY OF PALO ALTO JUNE 2018 23 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 PREFACE Section 21081 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring or Reporting Program whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring or reporting program is to ensure compliance with the mitigation measures during project implementation. The Environmental Impact Report concluded that that all identified environmental impacts associated with the proposed Project can be mitigated to less than significant levels, either with the implementation of standard project requirements proposed as part of the Project and/or mitigation measures identified in the analysis, and that no significant unavoidable impacts would occur from proposed Project implementation. This Mitigation Monitoring or Reporting Program addresses the required measures in terms of how and when they will be implemented. 24 DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-EB61C40577A4 EXHIBIT B PALO ALTO PUBLIC SAFETY BUILDING AND CALIFORNIA AVENUE PARKING GARAGE MITIGATION MONITORING AND REPORTING PROGRAM The environmental mitigation measures listed in column two below have been incorporated into the conditions of approval for the Palo Alto Public Safety Building and California Avenue Parking Garage in order to mitigate identified environmental impacts. A completed and signed chart will indicate that each mitigation requirement has been complied with. and that City and state monitoring requirements have been fulfilled with respect to Public Resources Code section 21081.6. MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Implementation Monitoring and Timing Signature Date (Performance Criteria) Entity Verification Requirements Entity AIRQUAUTY Impact 5-1: Construction Toxic Air Mitigation 5-1. To reduce potential short-term adverse City of Palo Alto Planning and Prior to Contaminant Emissions. Project health risks associated with PM2.5 emissions, including Public Works Community issuance of construction would expose sensitive emissions of diesel particulate matter (DPM), generated Department in Environment grading permits receptors located adjacent to and in close during project construction activities, the City and/or its coordination with its Department and during proximity of the proposed project site to designated contractors, contractors' representatives, or construction construction localized, outdoor concentrations of DPM other appropriate personnel shall: contractors and PM2.s that could exceed BAAQMD risk thresholds even with the implementation of 1. Implement BAAQMD-recommended "Additional standard BAAQMD construction measures. Construction Measures". The City shall implement the following BAAQMD-recommended additional construction mitigation measures during construction activities: 1. All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil moisture of 12 percent, to be verified by lab samples or moisture probe. 2. All excavation, grading, and/or demolition activities shall be suspended when average winds speeds exceed 20 miles per hour. 3. Temporary wind breaks (e.g., fences) shall be installed on the windward (generally the north I northwest) of actively disturbed areas of construction. The wind breaks should have at maximum 50 percent air porosity. 4. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established. 5. Simultaneous occurrence of excavation, grading, and ground-disturbing construction activities in the same area at any one lime shall be limited and/or phased to reduce the amount of disturbed surfaces at any one time. Page 1 MMRP -Exhibit A to PSB EIR Resolution DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Implementation Monitoring and Timing Signature Date (Performance Criteria) Entity Verification Requirements Entity 6. All trucks and equipment, including their tires, shall be washed off prior to leaving the site. 7. Site access to a distance of 100 feet from the paved road, or as much as feasible, shall be treated with a compacted layer of wood chips, mulch, gravel, or other cover as feasible to reduce track-out. 8. Minimize the idling time for diesel-powered construction equipment to two minutes provided such idling restrictions are consistent with manufacturer's equipment specifications. 2. Construction equipment restrictions. The City shall apply the following construction equipment restrictions to the proposed project: 1. Electric-powered and liquefied or compressed natural gas equipment shall be employed instead of diesel powered equipment to the maximum extent feasible. 2. All construction equipment with a rated power-output of 25 horsepower or greater shall meet U.S. EPA and GARB Tier IV Final Emission Standards for particulate matter. This may be achieved via the use of equipment with engines that have been certified to meet Tier IV emission standards, or through the use of equipment that has been retrofitted with a GARB-verified diesel emission control strategy (e.g., oxidation catalyst, particulate filter) capable of reducing exhaust PM emissions to levels that meet Tier IV standards. 3. Prepare Construction Risk Reduction Plan. Prior to the start of construction activity, the City and/or its contractor shall prepare a Construction Risk Reduction Plan for the project which: 1. Identifies the final planned construction phasing schedule and anticipated equipment operations. , 2. Estimates the proposed project's construction emissions based on the final phasing and equipment plan. Any emission update shall be performed using the latest-recommended emissions estimator model recommended by the BAAQMD or other standard, acceptable methodology (e.g., contractor-specific fleet emission factors and estimates of equipment operating hours). 3. Models the potential diesel particulate matter and total PM2.5 concentrations resulting from refined emissions estimates. Anv modeling shall be oerformed Page 2 MMRP -Exhibit A to PSB EIR Resolution DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Implementation Monitoring and Timing Signature Date (Performance Criteria) Entity Verification Requirements Entitv using an accepted screening or refined dispersion- model recommended for use by the BAAQMD. The modeling shall focus on discrete, residential receptors located at and near the proposed project site. 4. Estimates potential adverse health effects associated with exposure to DPM. Risk estimates shall follow the latest recommendations of the BAAQMD. The goal of the risk estimation shall be to identify the receptor(s) or areas of receptors where carcinogenic and non- carcinogenic risk thresholds may be exceeded. If risks are exceeded, the plan shall identify feasible on-and : off-site measures to reduce risks to levels below BAAQMD thresholds. On-site measures may include the BAAQMD "Additional Construction Measures" and construction equipment restrictions included in Mitigation Measure 5-1, as well as phasing I activity restrictions. Off-site measures may include coordinating with all impacted receptors to replace and upgrade existing HVAC systems to provide high-performance panel filters capable of reducing potential modeled outdoor PM2.5 concentrations I risks to levels that are below BAAQMD thresholds. 4. Implement Off-Site Mitigation. In-lieu of preparing the Construction Risk Reduction Plan identified above, the City may, prior to the start of construction activities, coordinate directly with impacted residential receptors to replace and upgrade existing residential HVAC systems with a high-performance panel filter with a rated minimum efficiency reporting value (MERV) for particles in the range of 0.3 to 1.0 µm of 70% (presumed to be a minimum MERV-14), or equivalent system upgrade. This level of control would reduce risks to levels below current BAAQMD thresholds. Based on the results of the modeling conducted for the EIR, the City shall coordinate INith residential receptors located in the area bound by Park Boulevard to the north, Ash Street to the south, Sheridan Avenue to the east, and Sherman Avenue to the west. BIOLOGICAL RESOURCES Impact 6-1: Potential Impacts on Nesting Mitigation 6-1. To avoid impacts to nesting birds and City of Palo Alto Director of Prior to Birds. The proposed PSB project is violation of State and federal laws pertaining to birds, all Public Works Planning and issuance of intended to improve the natural environment construction-related activities (including but not limited to Department in Community construction on the project site with an extensive array of mobilization and staging, clearing, grubbing, vegetation coordination with its Environment related permits coordinated new landscaping and trees. removal, fence installation, demolition, and grading) should construction Department (including Pagel MMRP -Exhibit A to PSB EIR Resolution DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Implementation Monitoring and Timing Signature Date (Performance Criteria) Entity Verification Requirements Entitv However, 38 existing trees are proposed to occur outside the avian nesting season (that is, prior to contractors and demolition, be removed. Without a proactive mitigation February 1 or after August 31). If construction and biologist grading, and procedure in place, project construction construction noise occurs within the avian nesting season building could inadvertently result in the removal of (from February 1 to August 31), all suitable habitats permits) and trees containing nests or eggs of migratory located within the project's area of disturbance, including during birds, raptors, or bird species during the staging and storage areas plus a 150-foot buffer around construction nesting season, which would be considered these areas, shall be thoroughly surveyed, as feasible, for an "unlawful take" under the Federal the presence of active nests by a qualified biologist no Migratory Bird Treaty Act and USFWS more than five days before commencement of any site provisions protecting migratory and nesting disturbance activities and equipment mobilization. If birds (see Regulatory Setting above). project activities are delayed by more than five days, an additional nesting bird survey shall be performed. Active nesting is present if a bird is sitting in a nest, a nest has eggs or chicks in it, or adults are observed carrying food to the nest. The results of the surveys shall be documented. If it is determined that birds are actively nesting within the survey area, the additional procedures below shall apply. Conversely, ifthe survey area is found to be absent of nesting birds, the additional procedures shall not be required. Additional Procedures. If pre-construction nesting bird surveys result in the location of active nests, no site disturbance and mobilization of heavy equipment (including but not limited to equipment staging, fence installation, clearing, grubbing, vegetation removal, fence installation, demolition, and grading) shall take place within 150 feet of nests, or as determined by a qualified biologist, until the chicks have fledged. Monitoring shall be required to insure compliance with the MBTA and relevant California Fish and Game Code requirements. Monitoring dates and findinas shall be documented. Impact 6-2: Removal of Protected and Mitigation 6-2. Prior to removal of the protected trees and City of Palo Alto City of Palo Nto Prior to removal Street Trees. Because 6 protected trees street trees, the applicant shall obtain a tree removal Public Works Planning and of any and 5 street trees (those within street rights-permit issued by the City of Palo Alto Urban Forestry Department in Community protected trees of-way) are proposed to be removed as part Division for the removal of any and all protected, coordination with its Environment or street trees; of the proposed PSB project, Palo Alto designated, or street trees (referred to collectively as construction Department in during the Municipal Code Title 8 (Trees and "Regulated Trees"). In all cases, replacement trees would contractor and the coordination planting and Vegetation) Chapters 8.04 and 8.10 would be required as a condition of the tree removal permit, and City's arborist every two years apply to the project to require on-site tree the project applicant must demonstrate to the satisfaction thereafter until replacement or off-site replacement and of the City that there is no alternative that could preserve trees are mitigation in accordance with the standards the tree(s) on-site. The project applicant must provide an capable of in the City's Tree Technical Manual (Section evaluation and summary for any Regulated Tree (the surviving 8.10.050(d)(2)). Without adequate collective term for any protected, designated, or street without further replacement or other mitigation as set forth tree) proposed to be removed. maintenance Page4 MMRP -Exhibit A to PSB EIR Resolution DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Implementation Monitoring and Timing Signature Date (Performance Criteria) Entity Verification Requirements Entitv in the Tree Technical Manual. the project would be inconsistent with the Municipal The applicant shall be required, in accordance with the Code tree protection provisions. Tree Protection and Management Regulations (PAMC 8.10) and Tree Technical Manual (PAMC 8.10.130), to replace the tree canopy for the six (6) protected trees and the five (5) street trees, in accordance with the tree canopy formula identified in the Tree Technical Manual (TIM. 3.20). If the tree canopy cannot be replaced on-site, the canopy shall be replaced off-site as close to the project site as feasible. If trees are being replaced off-site, the applicant must submit a Tree Planting Plan to the Urban Forestry Division and obtain the Urban Forestry Division's approval of the plan prior to issuance of a building permit. The Tree Planting Plan must include: . The canopy calculation for trees removed and the number of trees planned to replace them, consistent with the formula identified in the Tree Technical Manual . The specific location where the new trees would be planted with specific baseline information about that proposed site (e.g., surrounding vegetation or development) . The species of trees to be planted . Specific planting details (e.g., size of sapling, size of containers, irrigation plan) . Success criteria . Monitoring and maintenance schedule Replacement tree planting will be monitored by a qualified arborist. To verify the success of replacement trees, monitoring shall occur for two years after initial planting. After the two-year period, the arborist will determine if the trees are capable of surviving without further maintenance. CULTURAL AND HISTORIC RESOURCES Impact 7-1: Potential Disturbance of Mitigation 7-1. In the event of the unanticipated discovery City of Palo Alto Planning and Prior to and Archaeologlcal or Paleontological of subsurface archaeological or paleontological resources Public Works Community during ground- Resources. Project construction (e.g., during earth-moving operations, the follo>Mng measures Department in Environment disturbing excavation for underground parking and are recommended to reduce potentially significant impacts coordination >Mth its Department activities Pages MMRP -Exhibit A to PSB EIR Resolution DocuSign Envelope ID: 01 ECCD95-3E83-4328-9AFC-E861 C40577 A4 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Implementation Monitoring and Timing Signature Date (Performance Criteria) Entity Verification Requirements Entitv utilities) could disturb existing unrecorded on these resources to a less-than-significant level: construction sensitive archaeological or paleontological contractors and resources at the PSB project site. . Conduct Archaeological/ Paleontological Sensitivity qualified Training for Construction Personnel. The City shall archaeologist, retain a qualified professional archaeologist who meets qualified U.S. Secretary of the Interior's Professional paleontologist and/or Qualifications and Standards, and a professionally Native American qualified paleontologist, to conduct an Archaeological/ Tribal monitor Paleontological Sensitivity Training for construction personnel prior to commencement of excavation activities. The training session will include a written handout and will focus on how to identify archaeological and paleontological resources that may be encountered during earth-moving activities, including the procedures to be followed in such an event, the duties of archaeological and paleontological monitors, and the general steps a qualified professional archaeologist or paleontologist would follow in conducting a salvage investigation if one is necessary. . Cease Ground-Disturbing Activities and Implement Treatment Plan if Archaeological Resources Are Encountered. In the event that archaeological resources are unearthed during ground-disturbing activities, the ground-disturbing activities shall be halted or diverted away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet shall be established around the find, where construction activities will not be allowed to continue until a qualified archaeologist has examined the newly discovered artifact(s) and has evaluated the area of the find. Work shall be allowed to continue outside the buffer area. All archaeological resources unearthed by project construction activities shall be evaluated by a qualified professional archaeologist, who meets the U.S. Secretary of the Interior's Professional Qualifications and Standards. Should the newly discovered artifacts be determined to be prehistoric, Native American Tribes/Individuals shall be contacted and consulted, and Native American construction monitoring should be initiated. The City shall coordinate with the archaeologist to develop an appropriate treatment plan for the resources. The plan may include implementation of archaeoloaical data Page& MMRP -Exhibit A to PSB EIR Resolution DocuSign Envelope ID: 01 ECCD95-3E83-4328-9AFC-E861 C40577 A4 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Implementation Monitoring and Timing Signature Date (Performance Criteria) Entity Verification Requirements Entity recovery excavations to address treatment of the resources, along with subsequent laboratory processing and analysis. . Conduct Periodic Archaeological Resources Spot Checks During Grading and Earth-Moving Activities in All Sediments. The City shall retain a qualified professional archaeologist who meets the U.S. Secretary of the Interior's Professional Qualifications and Standards, to conduct periodic Archaeological Spot Checks beginning at depths below two (2) feet to determine if.construction excavations have exposed, or have a high probability of exposing, archaeological resources. After the initial Archaeological Spot Check, further periodic checks shall be conducted at the discretion of the qualified archaeologist. If the qualified archaeologist determines that construction excavations have exposed, or have a high probability of exposing, archaeological artifacts, construction monitoring for archaeological resources will be required. The City shall retain a qualified archaeological monitor, who meets the qualifications set forth by the U.S. Secretary of the Interior's Professional Qualifications and Standards, who will work under the guidance and direction of a professional archaeologist. The archaeological monitor shall be present during all construction excavations (e.g., grading, trenching, or clearing/grubbing) into non-fill sediments. Multiple earth-moving construction activities may require multiple archaeological monitors. The frequency of monitoring shall be based on the rate of excavation and grading activities, proximity to known archaeological resources, the materials being excavated (native versus artificial fill soils), the depth of excavation, and if found, the abundance and type of archaeological resources encountered. Full-lime monitoring can be reduced to part-time inspections if determined adequate by the project archaeologist. . If subsurface paleontological resources are encountered, excavation shall halt in the vicinity of the resources and a qualified paleontologist shall evaluate the resource and its stratigraphic context. The monitor shall be emoowered to temoorarilv halt or redirect Page7 MMRP -Exhibit A to PSB EIR Resolution DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Implementation Monitoring and Timing Signature Date (Performance Criteria) Entity Verification Requirements Entity construction activities to ensure avoidance of adverse impacts to paleontological resources. During monitoring, if potentially significant paleontological resources are found, "standard" samples shall be collected and processed by the qualified paleontologist to recover.micro vertebrate fossils. If significant fossils are found and collected, they shall be prepared to a reasonable point of identification. Excess sediment or matrix shall be removed from the specimens to reduce the bulk and cost of storage. Itemized catalogs of material collected and identified shall be provided to a museum repository with the specimens. Significant fossils collected during this work, along with the itemized inventory of these specimens, shall be deposited in a museum repository for permanent curation and storage. A report documenting the results of the monitoring and salvage activities, and the significance of the fossils, if any, shall be prepared. The report and inventory, when submitted to the lead agency, shall signify the completion of the program to mitigate impacts on oaleontoloaical resources. Impact 7-2: Unanticipated Discovery of Mitigation 7-2. In the event that cultural resources of City of Palo Alto Planning and During ground- Tribal Cultural Resources. Project Native American origin are identified during construction, Public Works Community disturbing construction activities (e.g., excavation) all earth-disturbing work within the vicinity of the find must Department in Environment activities could disturb as yet unidentified and/or be temporarily suspended or redirected until an coordination with its Department unrecorded tribal cultural resources, archaeologist has evaluated the nature and significance of construction including possible human remains. the find and an appropriate Native American contractors, qualified representative, based on the nature of the find, is archaeologist, and consulted. If the City determines that the resource is a Native American tribal cultural resource and thus significant under CEQA, a Representative 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 archaeologist and the appropriate Native American tribal representative. -GEOLOGY AND SOILS Impact 8-1: Geotechnlcal Hazards Mitigation 8-1. As recommended by the project's City of Palo Alto City of Palo Alto Prior to Associated with Project Excavation and preliminary geotechnical investigation, prior to City Public Works Planning and issuance of Grading. The oroiect's orooosed excavation issuance of aradina oermits for individual oroiect Deoartment in Communitv constructed Pages MMRP -Exhibit A to PSB EIR Resolution DocuSign Envelope ID: 01 ECCD95-3E83-4328-9AFC-E861 C40577 A4 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Implementation Monitoring and Timing Signature Date (Performance Criteria) Entity Verification Requirements Entity and grading activities have the potential to construction components, the City shall be required to coordination with its Environment related permits create conditions that would potentially retain a registered engineering geologist or geotechnical geologisU Department and during compromise the safety or stability of engineer to prepare detailed, construction-level geotechnical grading and proposed project improvements. The geotechnical investigations to guide the construction of all engineer and civil construction preliminary site-specific geotechnical project grading and excavation activities. The detailed, engineer investigation (Romig Engineers, May 2016) construction-level geotechnical investigations shall be made initial assessments of these performed for each of the structures proposed for the conditions, but a construction-level development site. Subsurface conditions shall be explored geotechnical investigation will be needed to and laboratory tests conducted on selected soil samples to adequately address all grading and establish parameters for the design of excavations, excavation activities on the proposed Public foundations, shoring, and waterproofing. Safety Building and California Avenue Recommendations from the investigations shall be Parking Garage (PSB project) site. Without incorporated into all plans for project grading, excavation, such a detailed study-and without the soil support (both temporary and long-term), and utility associated supervision of an engineering construction, to the satisfaction of the City Engineer. geologist or geotechnical engineer during project grading and construction-the safety The detailed, construction-level investigations, relevant and long-term stability of existing and recommendations, and all associated project grading, proposed project improvements cannot be excavation and foundation plans, shall be subject to review assured. and approval by an independent engineering geologist or geotechnical engineer retained by the City Engineer. In addition, the project civil engineer shall certify to the City Engineer (e.g., through plan submittal for City review) that all relevant provisions of the investigations have been incorporated into the grading, excavation and construction plans, and all earthwork and site preparation shall be performed under the direct supervision of a registered ellQineerina aeoloaist or aeotechnical enaineer. HAZARDS AND HAZARDOUS MATERIALS .. -- - Impact 10-1: Potential Project-Related Mitigation 10-1. Recommendations included in the Phase City of Palo Alto Planning and Prior to Exposure to Existing Soil or Groundwater II ESA (Staniec, June 8, 2017) shall be implemented, Public Works Community issuance of Contamination. Project-related excavation based on construction-level project plans when more Department in Environment grading permits and construction activities could expose on-specific and precise design and construction activities are coordination with its Department and during site construction personnel, employees, and formulated. The Phase II ESA recommends additional construction grading and members of the public to existing soil and assessment of local and regional groundwater conditions contractors and construction groundwater contamination. in advance of dewatering activities, combined with, as engineer necessary, evaluation of pertinent and cost-effective water management strategies, including preparation of Site Management Plans. Likewise, the project must comply with the City's standard dewatering requirements. This assessment and mitigation process shall be subject to review and approval by the Citv Enaineer. -NOISE Page9 MMRP -Exhibit A to PSB EIR Resolution DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Implementation Monitoring and Timing Signature Date (Performance Criteria) Entity Verification Requirements Entitv Impact 13-1: Project Construction Noise. Mitigation 13-1. To reduce potential noise levels City of Palo Alto City of Palo Alto Prior to Project construction would include site associated construction of the proposed project, the City Public Works Planning and issuance of preparation, excavation and grading, utility and/or it's designated contractors. contractor's Department in Community construction trenching, construction of a new parking representatives, or other appropriate personnel shall: coordination with its Environment related garage and public safety building, and construction Department (demolition, application of architectural coatings. The . Restrict work hours/equipment noise. AH work shall be contractors and grading, noise levels generated by project subject to the construction noise and time limits qualified acoustical building) construction would be in excess of 1 O dB contained in City Municipal Code Chapter 9.10. consultant permits and above ambient conditions at sensitive Construction activities (including deliveries) shaH only during receptor locations for several hours a day for occur during the following time periods: construction a period of approximately 16 to 21 months. - 8 AM to 6 PM Monday through Friday; and related - 9 AM to 6 PM on Saturday activities Construction activities shall be prohibited on Sundays and . holidays. The City and/or its contractor shall post a sign at all entrances to the construction site informing contractors, subcontractors, construction workers, etc. of these requirements in accordance with Section 9.10.060(c). The sign shall also provide a name (or title) and phone number for an appropriate on-site and City representative to contact to submit a noise complaint. . Construction equipment care, siting, and design measures. The following construction equipment care, siting, and design measures shall apply during construction activities: -Heavy equipment engines shall be covered and exhaust pipes shall include a muffler in good working condition. Pneumatic tools shall include a noise suppression device on the compressed air exhaust. -All stationary noise-generating equipment such as pumps, compressors, and welding machines shall be shielded and located as far from sensitive receptor locations as practical. At a minimum, such shielding shall consist of a three-sided sound enclosure (with a full or partial roof) that provides for proper ventilation, equipment operation, and effective noise control. The enclosure should be designed to achieve a 1 O to 15 dB reduction in stationary equipment noise levels. The design of the enclosure shall be reviewed by a qualified acoustical consultant prior to installation to ensure the enclosure will achieve a minimum 10 dB Page 10 MMRP -Exhibit A to PSB EIR Resolution DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Implementation Monitoring and Timing Signature Date (Performance Criteria) Entity Verification Requirements Entitv reduction in stationary equipment noise levels. -The City shall connect to existing electrical service at the site to avoid the use of stationary, diesel-or other alternatively-fueled power generators. -No radios or other amplified sound devices shall be audible beyond the property line of the construction site. . Construction traffic. Construction truck traffic, including soil hauling, equipment deliveries, potential concrete deliveries, and other vendor deliveries shall follow designated delivery routes prepared for the project, which are anticipated to include travel on Oregon Expressway and Birch Road. . Construct/Install Temporary Noise Barrier: The City shall install and maintain throughout the duration of all site preparation, excavation, foundation construction, and building construction activities, one or more physical noise barriers capable of achieving a minimum reduction in predicted construction noise levels of 15.5 dB. Potential barrier options would include: - A concrete, wood, or other barrier installed at-grade (or mounted to structures located at-grade, such as K-Rail) along the project property line. Such a wall/barrier shall consist of material that have a minimum rated transmission loss value of 25.5 dB (or equivalent rating), and shall contain no gaps in the structure through which noise may pass. -Commercially available acoustic panels or other products such as acoustic barrier blankets installed along the project property line, building envelope or, if feasible and necessary, at or near sensitive residential receptor areas. -Any combination of noise barriers and commercial products capable of achieving a 15.5 dB reduction in construction noise levels at sensitive receptor locations. -Prior to the start of the project, the City may prepare an acoustical analysis that reflects the final site plan, construction activities, equipment use and duration, and refines potential construction noise reductions reauired for the project. Page 11 MMRP -Exhibit A to PSB EIR Resolution DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Implementation Monitoring and Timing Signature Date (Performance Criteria) Entity Verification Requirements Entity The final type, placement, and design of the project's temporary noise barrier(s) shall be reviewed by a qualified acoustical consultant prior to installation to ensure proper function and a minimum attenuation of 15.5 dBs in construction noise levels. . Prepare Project Construction Noise Control Plan. Prior to the start of construction activity, the City or its contractor shall prepare a Construction Noise Complaint Plan for the project which: -Identifies the name and/or title and contact information (including phone number and email) of the Contractor and City-representatives responsible for addressing construction-noise related issues. -Contains a detailed construction schedule and predicted noise levels associated with construction activities. -Includes procedures describing how the construction contractor will receive, respond, and resolve to construction noise complaints. Al a minimum, upon receipt of a noise complaint, the Contractor and/or City representative described in the first sub-bullet above shall identify the noise source generating the complaint, determine the cause of the complaint, and take steps to resolve the complaint. . Prepare Construction Noise Monitoring Plan. Prior to the start of construction, the City or its contractor shall prepare a Construction Noise Monitoring Plan which identifies: -Construction activities, hours of operation, and predicted construction noise levels; and -Construction noise monitoring locations, duration, and frequency. The intent of the Construction Noise Monitoring Plan is to document updated ambient noise levels, monitor construction noise levels, and verify compliance with the noise reduction requirements in mitigation measure 13-1. If monitoring indicates temporary noise barriers are not achieving a minimum 15.5 dB reduction in construction noise levels or otherwise indicates construction noise is Page 12 MMRP -Exhibit A to PSB EIR Resolution DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Implementation Monitoring and Timing Signature Date (Performance Criteria) Entity Verification Requirements Entity resulting a 10 dB increase in noise levels above ambient conditions, the City shall increase the height. size (length or width), density, and/or amount of noise barriers installed such that attenuation requirements are achieved. The Construction Noise Monitoring Plan may be combined wth and/or incorporated into the Construction Noise Complaint Plan described above. Impact 13-2: Project Groundbome Mitigation 13-2. To reduce potential groundborne City of Palo Alto City of Palo Alto Prior to Vibration Levels. Project construction vibration levels associated wth construction of the Public Works Planning and issuance of activities could generate perceptible proposed project, the City and/or it's designated Department in Community construction groundborne vibration at adjacent buildings, contractors, contractor's representatives, or other coordination INith its Environment related including residential buildings, for a period of appropriate personnel shall: construction Department (demolition, approximately 8 months. contractors grading, . Prohibit Vibratory Equipment. The City shall prohibit building) the use of large vibratory rollers (small plate permits and compactors are acceptable) and vibratory pile driving during equipment during construction. Any deep foundation construction piers or caissons shall be auger drilled. activities . Provide Notice to Adjacent Property Owners I Occupants. Five (5) days advanced written notice shall be provided to adjacent property 01M1ers and building occupants before commencing all drilling and significant earthmoving activities wthin 65 feet of adjacent buildings. The notice shall provide the name (or title) and contact information (including phone number and email) of the Contractor and City- representatives responsible for addressing construction vibration-related concerns. . Prepare Vibration Mitigation Plan. Prior to the start of construction activity, the City or its contractor shall prepare a Construction Vibration Response Plan for the project which: -Identifies the name and/or title and contact information (including phone number and email) of the Contractor and City-representatives responsible for addressing construction vibration-related issues. -Contains a detailed schedule of drilling and substantial earth moving activities expected to occur within 65 feet of adjacent buildings. -Includes procedures describing how the construction contractor will receive, respond, and resolve to construction vibration complaints. At a Page 13 MMRP -Exhibit A to PSB EIR Resolution DocuSign Envelope ID: 01ECCD95-3E83-4328-9AFC-E861C40577A4 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Implementation Monitoring and Timing Signature Date (Performance Criteria) Entity Verification Requirements Entity minimum, upon receipt of a vibration complaint, the Contractor and/or City representative described in the first sub-bullet above shall identify the vibration source generating the complaint, determine the cause of the complaint, and take steps to resolve the complaint by reducing groundbome vibration levels to less than 75 VdB and 0.04 in/sec PPV. Such measures may include the use of non-impact drivers, use of rubber-tired equipment instead of track equipment, or other measures that limit annoyance from groundborne vibration levels. Impact 13-3: Project Operational Noise. Mitigation 13-3. To reduce potential stationary source City of Palo Alto City of Palo Alto Prior to Noise generated by the parking garage noise levels associated with the operation of the proposed Public Works Planning and issuance of ventilation fans and the public safety building project, the City and/or it's designated contractors, Department in Community permits for generator, fire pump, and heating and air contractor's representatives, or other appropriate coordination with its Environment noise conditioning equipment may exceed personnel shall: construction Department generating standards contained in the City Municipal contractors and equipment and Code unless shielding or other means of . Site equipment away from residential areas. Garage licensed acoustical prior to attenuation is provided. ventilation fans and public safety building generators, engineer issuance of a fire pumps, and heating and air conditioning equipment certificate of shall be located outside of setbacks and screened occupancy from view from residential areas. . Enclose and/or Shield Stationary Noise-Generating Equipment. The City shall enclose, shield, baffle, or otherwise attenuate noise generated from garage ventilation fans and public safety building generators, fire pumps, and heating and air conditioning equipment. The attenuation achieved through such enclosure, shielding, and/or baffling shall be sufficient to comply with Section 9.10.050(a) of the Municipal Code. . Prepare Acoustical Study. In accordance with Chapters 9.1 O and 18.23 of the Municipal Code, the City shall have an acoustical analysis prepared by a licensed acoustical engineer that demonstrates: -The proposed parking garage's generator would comply with the requirements of the City's Noise Ordinance (Section 9.10.050, as excepted). -The proposed parking garage's ventilation fans would not result in a calculated Ldn of 63.0 at sensitive residential receotor locations. Page 14 MMRP -Exhibit A to PSB EIR Resolution DocuSign Envelope ID: 01 ECCD95-3E83-4328-9AFC-E861 C40577 A4 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Implementation Monitoring and Timing Signature Date (Performance Criteria) Entity Verification Requirements Entity -The proposed Public Safety Building fire pump, back-up generator, and heating and air conditioning equipment would comply with the requirements of the City's Noise Ordinance (Section 9.10.050, as excepted) and would not result in a calculated increase of more than 3.0 dB Ldn at sensitive receptor locations. The acoustical analysis shall be based on the final project design, reflect the actual equipment type and location at the project site, and the actual noise enclosure, shielding, or other attenuation measures included in the final project design. If the acoustical study demonstrates the noise levels from these sources would be at or within 5 dB less than the Noise Ordinance limits, the City shall demonstrate through monitoring that the equipment complies with the anticipated noise levels. Page 15 MMRP -Exhibit A to PSB EIR Resolution