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HomeMy WebLinkAboutRESO 99251 0160033_20201124_ay_16 Resolution No. 9925 Resolution of the Council of the City of Palo Alto Certifying the Final Environmental Impact Report for the Housing Incentive Program Expansion and 788 San Antonio Road Mixed-use Project Pursuant to the California Environmental Quality Act and Adopting the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations The Council of the City of Palo Alto RESOLVES as follows: SECTION 1. Introduction and Certification. (a) The City Council of the City of Palo Alto ("City Council"), in the exercise of its independent judgment, makes and adopts the following findings to comply with the requirements of the California Environmental Quality Act ("CEQA"; Pub. Resources Code, §§ 21000 et seq.), and Sections 15091, 15092, and 15093 of the CEQA Guidelines (14 Cal. Code Regs., § 15000 et seq.). All statements set forth in this Resolution constitute formal findings of the City Council, including the statements set forth in this paragraph. These findings are made relative to the conclusions of the City of Palo Alto Housing Incentive Program Expansion and 788 San Antonio Road Mixed-use Project Final Environmental Impact Report (State Clearinghouse No.2019090070) (the "Final EIR"), which includes the Draft Environmental Impact Report ("Draft EIR"). The Final EIR addresses the environmental impacts of the implementation of the Housing Incentive Program Expansion and the 788 San Antonio Mixed-Use Project (the "Project", as further defined in Section 2(b) below) and is incorporated herein by reference. These findings are based upon the entire record of proceedings for the Project. (b) Mitigation measures associated with the potentially significant impacts of the Project will be implemented through the Mitigation Monitoring and Reporting Program described below, which is the responsibility of the City. (c) The City of Palo Alto is the Lead Agency pursuant to Public Resources Code section 21067 as it has the principal responsibility to approve and regulate the Project. Ted O’Hanlon on behalf of 788 SAPA Land, LLC is the Project applicant. (d) The City exercised its independent judgment in accordance with Public Resources Code section 20182.l(c), in retaining the independent consulting firm Rincon Consultants, Inc. ("Rincon, Inc.") to prepare the Final EIR, and Rincon, Inc. prepared the Final DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 2 0160033_20201124_ay_16 EIR under the supervision and at the direction of the City's Director of Planning and Development Services. (e) The City, through Rincon, Inc., initially prepared the Draft EIR and circulated it for review by responsible and trustee agencies and the public and submitted it to the State Clearinghouse for review and comment by state agencies, for a comment period which ran from July 31, 2020, through September 14, 2020. As noted above, the Final EIR includes the Draft EIR. Comments were received and revisions were made to the Final EIR. (f) The City Council agrees with the characterization of the Final 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 Final 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 Final EIR. The disposition of each of those impacts and the mitigation measures adopted to reduce them are addressed specifically in the findings below. (g) The Final 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. (h) Based upon review and consideration of the information contained therein, the City Council hereby certifies that the Final EIR was completed in compliance with CEQA and reflects the City of Palo Alto's independent judgment and analysis. The City Council has considered evidence and arguments presented during consideration of the Project and the Final EIR. In determining whether the Project may have a significant impact on the environment, and in adopting the findings set forth below, the City Council certifies that it has complied with Public Resources Code sections 21081, 21081.5, and 21082.2. (i) Section 4 of the Final EIR shows all revisions which the Final EIR made to the Draft EIR. All references to the Draft EIR in these findings include references to all revisions to the Draft EIR made in the Final EIR. Having reviewed this section and the Final EIR as a whole, the City Council hereby finds, determines, and declares that no significant new information has been added to the Final EIR so as to warrant recirculation of all or a portion of the Draft EIR. Likewise, the City Council has considered all public comments and other information submitted into the record since publication of the Final EIR, and further finds that none of DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 3 0160033_20201124_ay_16 that additional information constitutes significant new information requiring recirculation of the Final EIR. SECTION 2. Project Information. The following Project information is supplied to provide context for the discussion and findings that follow but is intended as a summary and not a replacement for the information contained in the Draft EIR, Final EIR, or Project approvals. (a) Project Objectives The Project Objectives of the Project applicant are set forth in Chapter 2 of the Draft EIR, which is incorporated herein by reference. (b) Project Description The project includes two components, which include 1) amendments to the Zoning Code and Comprehensive Plan affecting 18 parcels and 2) a development project encompassing two of the 18 parcels. The Project includes a Comprehensive Plan Amendment to amend Program L2.4.1 to increase housing sites along San Antonio Road between Middlefield Road and East Charleston Road. The project would involve an amendment to Section 18 of the Palo Alto Municipal Code (PAMC) to allow the application of the Housing Inventive Program (HIP) to the 18 parcels within the program area. This would allow for increased density of multi-family residential development along San Antonio Road corridor. The proposed text amendment would involve the following changes to the zoning regulations that apply to these properties:  Allow a waiver for housing projects to exceed maximum Floor Area Ratio (FAR), up to 2.0;  Allow a waiver to exceed maximum site coverage;  Allow rooftop gardens to count towards required open space;  Exclude retail area from parking requirements;  Exempt certain area in subterranean garages from counting towards FAR; and DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 4 0160033_20201124_ay_16  Allow a waiver to reduce requirements related to preservation of existing retail space to allow for housing projects In addition to the proposed amendment to the PAMC, the project would also involve development of two of the 18 parcels within the program area, at 788 - 796 San Antonio Road. This development would involve the demolition of the two existing on-site one-story commercial structures and the construction of a four-story mixed-use structure with one retail tenant space, 102 dwelling units, and a two-level subterranean parking garage. Each floor would be arranged according to the same general footprint, with an empty rectangular space in the center to allow solar access to a proposed central courtyard at the first floor. Uses on the first floor would include a 1,803 square-foot retail space at the southwestern corner of the site and common areas along San Antonio Road, including a main entrance and lobby, mail room, bicycle parking rooms, and a bicycle repair room, and dwelling units arranged around the north, east, and south portions of the site. The floors above the first would include residential units arranged around the central courtyard space. Most units would include attached private outdoor balconies with views either towards the central courtyard or out towards the perimeters of the site. A communal landscaped roof garden would be located at the fourth floor at the western portion of the building along San Antonio Road. A conceptual site plan of the proposed Project is shown on Figures 2-2 and 2-7. A conceptual elevation of the development building is shown on Figure 2.8. (All references to figures and tables are to those appearing in the Draft EIR, as modified where applicable in the Final EIR.) A complete description of the Project as proposed by the Project applicant is set forth in Chapter 2 of the Draft EIR, as modified in the Final EIR. (c) Required Approvals The approvals required by the City as lead agency for implementation of the Project include: A. Comprehensive Plan Amendment B. Zoning Text Amendment C. Architectural Review DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 5 0160033_20201124_ay_16 D. Tentative Map (One-lot Condominium Subdivision) E. Variance F. Demolition Permit G. Building Permits H. Encroachment Permit SECTION 3. Record of Proceedings. (a) For purposes of CEQA, CEQA Guidelines section 15091(e), and these findings, the Record of Proceedings for the Project includes, but is not limited to, the following documents: (1) The Final EIR, which consists of the Housing Incentives Program Expansion and 788 San Antonio Road Mixed-Use Project Draft Environmental Impact Report, published and circulated for public review and comment by the City from July 31, 2020 through September 14, 2020 (the "Draft EIR"), and the Housing Incentives Program Expansion and 788 San Antonio Road Mixed-Use Project Final Environmental Impact Report, published and made available on October 30, 2020, and all appendices, reports, documents, studies, memoranda, maps, testimony, and other materials related thereto; (2) All public notices issued by the City in connection with the Project and the preparation of the Draft EIR and the Final EIR, including but not limited to public notices for all public workshops held to seek public comments and input on the Project and the Notice of Preparation, Notice of Completion, Notice of Availability; (3) All written and oral communications submitted by agencies or interested members of the general public during the public review period for the Draft EIR, including oral communications made at public hearings or meetings held on the Project approvals; (4) The Mitigation Monitoring and Reporting Program; (5) All findings and resolutions adopted by the City Council in connection with the Project, and all documents cited or referred to therein; DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 6 0160033_20201124_ay_16 (6) All final reports, studies, memoranda, maps, staff reports, or other planning documents relating to the Project prepared by the City of Palo Alto and consultants with respect to the City of Palo Alto's compliance with the requirements of CEQA, and with respect to the City of Palo Alto's actions on the Project, including all staff reports and attachments to all staff reports for all public meetings held by the City; (7) Minutes and/or verbatim transcripts of all public meetings and/or public hearings held by the City of Palo Alto in connection with the Project; (8) Matters of common knowledge to the City of Palo Alto, including, but not limited to, federal, state, and local laws and regulations; (9) Any documents expressly cited in these findings, in addition to those cited above; and (10) Any other materials required to be in the record of proceedings by Public Resources Code section 21167.G(e). (b) The custodian of the documents comprising the record of proceedings is the Director of Planning and Community Environment, City of Palo Alto, 250 Hamilton Avenue, Palo Alto, California, 94301. (c) Copies of all of the above-referenced documents, which constitute the record of proceedings upon which the City of Palo Alto's decision on the Project is based, are and have been available upon request at the offices of the Planning and Community Environment Department, City of Palo Alto, 250 Hamilton Avenue, Palo Alto, California, 94301, and other locations in the City of Palo Alto. (d) The City of Palo Alto has relied upon all the documents, materials, and evidence listed above in reaching its decision on the Project. (e) The City Council hereby finds, determines and declares that the above- referenced documents, materials, and evidence constitute substantial evidence (as that term is defined by section 15384 of the CEQA Guidelines) to support each of the findings contained DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 7 0160033_20201124_ay_16 herein. SECTION 4. Mitigation Monitoring and Reporting Program. (a) CEQA requires the lead agency approving a project to adopt a Mitigation Monitoring and Reporting Program (MMRP) for the changes made to the project that it has adopted in order to mitigate or avoid significant effects on the environment. An MMRP has been prepared and is recommended for adoption by the City Council concurrently with the adoption of these findings to ensure compliance with mitigation measures during Project implementation. As required by Public Resources Code section 21081.6, the MMRP designates responsibility and anticipated timing for the implementation of the mitigation measures recommended in the Final EIR. The MMRP will remain available for public review during the compliance period. (b) The City Council hereby adopts the MMRP for the Project attached hereto as Exhibit A and incorporated by reference, and finds, determines, and declares that adoption of the MMRP will ensure enforcement and continued imposition of the mitigation measures recommended in the Final EIR, and set forth in the MMRP, in order to mitigate or avoid significant impacts on the environment. SECTION 5. Significant Impacts Reduced to Less than Significant. The Draft EIR and the Final EIR identified several significant and potentially significant environmental impacts that the Project will cause or contribute to. All these significant effects can be fully addressed and reduced to less than significant through the adoption and implementation of standard project requirements incorporated as part of the Project and feasible mitigation measures. Those impacts, along with the standard project requirements and mitigation measures to reduce them to less than significant, are listed below as referenced in the Draft and Final EIR. (A) 4.1 Air Quality (1) Impact AQ-1. Development under the HIP expansion, including the 788 San Antonio Road Project, could result in air pollution emissions that would be inconsistent with the 2017 BAAQMD Clean Air Plan, which is the applicable Air Quality Plan. The 788 San Antonio Road development alone would be consistent with the objectives of the 2017 Clean Air Plan. However, construction of projects in the HIP expansion area would potentially exceed BAAQMD DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 8 0160033_20201124_ay_16 thresholds for criteria pollutants and conflict with the Clean Air Plan. This impact would be less than significant with mitigation incorporated. (a) Potential Impact. The impact above is described in Section 4.1 of the Draft EIR. (b) Mitigation Measure. Implementation of the following mitigation measure would reduce impacts of the Housing Incentive Program Expansion. MM- AQ-1. Construction Mitigation. For individual projects in the HIP expansion area that exceed the BAAQMD air pollutant and precursor screening levels, the project proponent for that particular development shall conduct a quantifiable analysis to measure construction- related impacts to air quality for all construction phases as described in the BAAQMD CEQA Guidelines (2017). If project construction would exceed BAAQMD thresholds for criteria pollutants, the City shall require the construction contractor(s) to implement additional BAAQMD-approved measures beyond Basic Control requirements and demonstrate that such measures would reduce emissions to below thresholds. Additional measures for development projects that exceed significance criteria may include, but are not limited to:  All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or moisture probe.  All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.  Wind breaks (e.g., trees, fences) shall be installed on the windward side(s) of actively disturbed areas of construction. Wind breaks should have at maximum 50 percent air porosity.  Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established.  The simultaneous occurrence of excavation, grading, and ground-disturbing construction activities on the same area at any one time shall be limited. Activities shall be phased to reduce the amount of disturbed surfaces at any one time.  All trucks and equipment, including their tires, shall be washed off prior to leaving the site.  Site accesses to a distance of 100 feet from the paved road shall be treated with a 6 to 12-inch compacted layer of wood chips, mulch, or gravel. DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 9 0160033_20201124_ay_16  Minimizing the idling time of diesel-powered construction equipment to two minutes.  The project shall develop a plan demonstrating that the off-road equipment (more than 50 horsepower) to be used in the construction project (i.e., owned, leased, and subcontractor vehicles) would achieve a project wide fleet-average 20 percent NOX reduction and 45 percent PM reduction compared to the most recent ARB fleet average. Acceptable options for reducing emissions include the use of late model engines, low-emission diesel products, alternative fuels, engine retrofit technology, after-treatment products, add-on devices such as particulate filters, and/or other options as such become available.  Use low VOC (i.e., ROG) coatings beyond the local requirements (i.e., Regulation 8, Rule 3: Architectural Coatings).  Requiring that all construction equipment, diesel trucks, and generators be equipped with Best Available Control Technology for emission reductions of NOX and PM.  Limiting import/export of soils or limiting the number of hauling trips per day to reduce emissions of NOX associated with hauling truck trips.  Phasing construction activities to reduce daily equipment use. (c) Findings. With implementation of Mitigation Measure AQ-1, the HIP expansion would be consistent with the goals of the 2017 Clean Air Plan. and impacts would be less than significant. (d) Remaining Impact. Impacts would be less than significant. (2) Impact AQ-2. Impact AQ-2. Construction and operation of the 788 San Antonio Road project would not result in emissions of criteria pollutants in excess of BAAQMD thresholds and the project would be in compliance with BAAQMD carbon monoxide thresholds. However, construction of future projects under the HIP expansion could potentially exceed BAAQMD standards for criteria pollutants. This impact would be less than significant with mitigation incorporated. (a) Potential Impact. The impact above is described in Section 4.1 of the Draft EIR. (b) Mitigation Measure. Implementation of MM AQ-1 would reduce impacts of the individual development projects. Because the 788 San Antonio Road development has been demonstrated not to exceed applicable construction emissions, Mitigation Measure AQ-1 does DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 10 0160033_20201124_ay_16 not apply to this development. (c) Findings. With mitigation, future projects under the HIP expansion in the program area would be required to quantify construction emissions and include emissions control measures as applicable to demonstrate projects would not exceed applicable thresholds for construction-related emissions. (d) Remaining Impact. Implementation of the mitigation measure would make the impacts less than significant. (B) Section 4 of Initial Study: Biological Resources (1) Biological Resource Impact: The project may result in impacts to protected nesting bird species. This impact would be significant but mitigable. (a) Potential Impact. The impact above is described in Section 4 of the Initial Study of the Draft EIR. (b) Mitigation Measure. In conformance with the California State Fish and Game Code and the provisions of the Migratory Bird Treaty Act, the project shall implement the following measure to reduce impacts to nesting birds and raptors to a less than significant: (2) BIO-1 Nesting Bird Surveys and Avoidance. Construction, grading, site preparation and other ground-disturbing activities required for development allowed by the proposed HIP expansion that would involve vegetation or tree removal shall be prohibited during the general avian nesting season (February 1 – August 31), if feasible. If nesting season avoidance is not feasible, the applicant shall retain a qualified biologist, as approved by the City of Palo Alto, to conduct a preconstruction nesting bird survey to determine the presence/absence, location, and activity status of any active nests on or adjacent to the development site. The extent of the survey buffer area surrounding the site shall be established by the qualified biologist to ensure that direct and indirect effects to nesting birds are avoided. To avoid the destruction of active nests and to protect the reproductive success of birds protected by the MBTA and CFGC, nesting bird surveys shall be performed not more than 14 days prior to scheduled vegetation clearance and structure demolition. In the event that active nests are discovered, a suitable buffer (typically a minimum buffer of 50 feet for passerines and a minimum buffer of 250 feet for raptors) shall be established around such active nests and no construction shall be allowed DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 11 0160033_20201124_ay_16 within the buffer areas until a qualified biologist has determined that the nest is no longer active (i.e., the nestlings have fledged and are no longer reliant on the nest). No ground disturbing activities shall occur within this buffer until the qualified biologist has confirmed that breeding/nesting is completed and the young have fledged the nest. Nesting bird surveys are not required for construction activities occurring between August 31 and February 1. (c) Findings. Implementation of Mitigation Measure BIO-1 would ensure protection of nesting birds that may be present on the site during construction activities. (d) Remaining Impact. Implementation of the Mitigation Measure would reduce the potentially significant impact to special status species to a less than significant level (C) 4.2 Cultural Resources (1) Impact CUL – 1: (Other than 788 – 796 San Antonio Road) Development in the rest of the program area under the HIP expansion could result in the demolition or modification of structures eligible for listing on the City’s historic inventory or CRHR. (a) Potential Impact. The impact listed above is discussed in Section 4.2 of the Draft EIR. (b) Mitigation Measures: Implementation of the following measures would reduce the impact. CUL-1 Historic Resource Evaluation. For future projects in the program area that would involve demolition or modification of structures over 45 years in age, a Historic Resources Evaluation (HRE) shall be prepared by a qualified professional to determine the structure’s eligibility for listing on the local or state historic registers. The report shall be submitted to the Planning Director and will be utilized by staff in their evaluation of the project and CEQA review. If the structure is determined to be eligible for listing on the local or state register, Mitigation Measure CUL-2 shall be implemented. CUL-2 Rehabilitation and Restoration. For future projects in the program area that involve modification of structures determined to be eligible for listing on the City’s historic inventory or CRHR, prior to submittal for building permits, a qualified historic preservation architect shall review the plans for the modifications to verify that the work is in keeping with DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 12 0160033_20201124_ay_16 applicable Secretary of the Interior’s Standards for Rehabilitation, such that the original materials and character-defining features will be retained and rehabilitated. The final design and materials associated with building modifications shall be reviewed and approved by the Director and the Historic Preservation Planner of the City of Palo Alto Planning and Community Environment Department. (c) Findings: If a future project under the HIP expansion proposes to materially alter a structure within the program area, implementation of Mitigation Measure CUL-1 would allow the City to determine if the structure is eligible for listing in a local, state, or national register. If a structure proposed for alteration is found to be eligible for any one of these registers, Mitigation Measure CUL-2 would be required. Mitigation Measure CUL-2 would reduce impacts associated with modification or alteration of existing eligible resources by ensuring compliance with the standards for rehabilitation of historic structures. Because future demolition of potentially eligible historical structures is speculative, further analysis is not required at this time, but would be required as part of any future development application under the HIP expansion once project-level information is available. (d) Remaining Impact: Future projects would implement Mitigation Measures CUL-1 and CUL-2 and therefore consistent with CEQA for the Program Level analysis for the HIP Expansion component of the project. (2) Cultural Resource Impact to unidentified archaeological resources. Project grading and other ground-disturbing activities could result in impacts to previously unidentified archaeological resources. This impact would be significant but mitigable. (a) Potential Impact: This impact is discussed in Section 5 of the Initial Study. (b) Mitigation Measures: The following mitigation measures would be required to avoid or reduce the project’s potentially significant impacts to archaeological resources: CR-1 Worker’s Environmental Awareness Program (WEAP). For all development subject to the proposed HIP expansion, a qualified archaeologist shall be retained who meets the Secretary of the Interior’s Professional Qualifications Standards for archaeology to conduct WEAP training for archaeological sensitivity for all construction personnel prior to the commencement of ground disturbing activities. Archaeological sensitivity training should DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 13 0160033_20201124_ay_16 include a description of the types of cultural resources that may be encountered, cultural sensitivity issues, regulatory issues, and the proper protocol for treatment of the materials in the event of a find. CR-2 Unanticipated Discovery of Cultural Resources. For all development subject to the proposed HIP expansion, in the event that archaeological resources are unearthed during project construction, all earth-disturbing work near the find must be temporarily suspended or redirected until an archaeologist meeting the Secretary of the Interior’s Professional Qualification Standards for archaeology (NPS 1983) has evaluated the nature and significance of the find. If the discovery proves to be significant under CEQA, additional work, such as preservation in place or archaeological data recovery, shall occur as required by the archeologist in coordination with City staff and descendants and/or stakeholder groups, as warranted. Once the resource has been properly treated or protected, work in the area may resume. A Native American representative shall be retained to monitor mitigation work associated with Native American cultural material. (c) Findings: Implementation of Mitigation Measures CR-1 and CR-2 would ensure that cultural resources are properly identified and preserved in the event they are uncovered during construction. (d) Remaining Impacts: would reduce impacts regarding disrupting intact archaeological resources to a less than significant level. (D) Geology and Soils (1) Impact 1: The program area and project site are in an area that may be underlain by soils susceptible to liquefaction. Impacts related to liquefaction and unstable soils would less than significant with mitigation incorporated. (a) Potential Impact: This impact is discussed in Section 7 of the Initial Study. (b) Mitigation Measure: The following mitigation measure shall be implemented prior to and during construction of projects proposed under the proposed HIP expansion to avoid or reduce the project’s potentially significant effects related to liquefaction: DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 14 0160033_20201124_ay_16 GEO-1 Geotechnical Investigation. Prior to approval of grading permits for a building or structure associated with the development allowed by the HIP expansion, a detailed final geotechnical investigation shall be performed to identify significant geotechnical constraints on the proposed development. The report shall develop formal recommendations for project design and construction, including site grading/soil preparation and foundation design. Among other components, the report shall include a quantitative evaluation of liquefaction susceptibility, including projected levels of post-liquefaction settlement; an evaluation of soil shrink-swell potential; and an investigation of compressible soils that may be prone to settlement/subsidence. The report shall be stamped and signed by a professional engineer (PE) or geotechnical engineer and provided by the applicant to the City of Palo Alto for review to ensure that foundations designed for all proposed structures are appropriate and meet code requirements. The PE or geotechnical engineer of record shall also review the final grading, drainage, and foundation plans to confirm incorporation of the report recommendations. Field monitoring during project construction shall be performed to verify that the work is performed as recommended. (c) Findings: Following the recommendations of the geotechnical report will ensure that projects meet proven construction techniques. (d) Remaining Impact: With implementation of Mitigation Measure GEO-1, the potentially significant impact associated with liquefaction would be reduced to a less than significant level. (2) Unanticipated Paleontological Resource Discovery. Construction activities associated with development in the program area could involve ground disturbance and excavation that could result in the unanticipated discovery of paleontological resources. In addition, excavation at depths greater than 18 feet would involve removal of soils beyond the alluvial fan deposits and are more likely to result in the discovery of paleontological resources. (a) Potential Impact: This impact is discussed in Section 7 of the Initial Study. (b) Mitigation Measure: With implementation of the following mitigation measures, potential impacts to subsurface cultural resources would be reduced to a less than significant level: DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 15 0160033_20201124_ay_16 GEO-2 Discovery of Paleontological Resources. Construction activities associated with the development allowed under the HIP expansion shall adhere to the following measures. 1. Ground Disturbance. Prior to ground-disturbing activities for projects associated with the HIP expansion, the applicant or its designee will retain a qualified paleontologist to provide on-call services in the event of an unanticipated discovery. A qualified professional paleontologist is defined by the SVP standards as an individual preferably with an M.S. or Ph.D. in paleontology or geology who is experienced with paleontological procedures and techniques, who is knowledgeable in the geology of California, and who has worked as a paleontological mitigation project supervisor for a least two years (SVP 2010). Prior to the start of construction, the qualified paleontologist or his or her designee shall conduct a Paleontological Worker Environmental Awareness Program (WEAP), a training for construction personnel regarding the appearance of fossils and the procedures for notifying paleontological staff should fossils be discovered by construction staff. The WEAP shall be fulfilled at the time of a preconstruction meeting at which a Qualified Paleontologist shall attend. In accordance with SVP (2010) guidelines, in the event that undetected buried resources are encountered, all work shall halt in the immediate vicinity of the find and the qualified professional paleontologist shall be notified to evaluate the discovery. The qualified paleontologist shall determine the significance of the discovery and identify whether additional mitigation or treatment is warranted. Measures may include testing, data recovery, reburial, archival review and/or transfer to the appropriate museum or educational institution. All testing, data recovery, reburial, archival review or transfer to research institutions related to monitoring discoveries shall be determined by the qualified paleontologist and shall be reported to the City. Work in the area of the discovery will resume once the find is properly documented and authorization is given to resume construction work. 2. Excavation Below 18 Feet. Prior to the commencement of grading and excavation below a depth of 18 feet for any project associated with the HIP expansion, applicants shall retain a qualified paleontologist approved by the City of Palo Alto to monitor grading and excavation activities. Full-time monitoring onsite shall occur whenever excavation activities exceed 18 feet below ground surface. The duration and timing of the monitoring will be determined by the qualified paleontologist and the location and extent of proposed ground disturbance. If the qualified paleontologist determines that full-time monitoring is no longer warranted, based on the specific geologic conditions at the surface or at depth, he/she may DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 16 0160033_20201124_ay_16 recommend that monitoring be reduced to periodic spot-checking or cease entirely. Any paleontological resources discovered by construction personnel or subcontractors shall be reported immediately to the paleontologist. In the event undetected buried resources are encountered during grading and excavation, all work in the immediate vicinity of the find shall cease and the paleontologist shall evaluate the resource and propose appropriate mitigation measures. Measures may include testing, data recovery, reburial, archival review and/or transfer to the appropriate museum or educational institution. All testing, data recovery, reburial, archival review or transfer to research institutions related to monitoring discoveries shall be determined by the qualified paleontologist and shall be reported to the City. (c) Findings: Mitigation Measure GEO-2 would apply to all construction activities associated with housing allowed under the HIP expansion and would ensure that potential impacts to paleontological resources would be less than significant by providing for the recovery, identification and curation of previously unrecovered fossils. (d) Remaining Impact: Impacts following implementation of the mitigation measure would be less than significant. (E) Hazards and Hazardous Materials (1) Impact 1. Based on these existing conditions, construction activities associated with the higher-density housing allowed by the HIP expansion, including excavation to accommodate foundations and subterranean structures, could expose construction workers or nearby residents to potentially unacceptable health risks from contaminated soil. Moreover, hauling of such materials may occur within 0.25 mile of schools. (a) Potential Impact: This impact is discussed in Section 9 of the Initial Study. (b) Mitigation Measure: The project shall implement the following mitigation measures to protect construction workers during construction: HAZ-1 Site Risk Management Plan. Prior to issuance of permits allowing groundwater dewatering or earth-disturbing activity, the developer shall prepare a site risk management plan (SRMP). The SRMP will address known and unknown environmental issues that may be encountered during development. The plan shall identify appropriate measures to be followed when impacted soil and groundwater are encountered during demolition, excavation, DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 17 0160033_20201124_ay_16 dewatering, and construction. This includes health and safety measures to reduce exposure to potentially impacted soil and groundwater for construction workers and dust control measures to reduce exposure to contaminated dust particles for nearby residents. Health and safety measures shall include the required personal protective equipment (PPE) to be used by site personnel, including action levels and decision criteria for upgrading the levels of PPE. The SRMP shall also identify personnel to be notified, emergency contacts, and a sampling protocol if impacted media is encountered. The excavation and demolition contractors shall be made aware of the possibility of encountering known and unknown hazardous materials including impacted soil and groundwater; and shall be provided with appropriate contact and notification information. The plan shall include a provision stating at what point it is safe to continue with the excavation or demolition, and identify the person authorized to make that determination. In addition, the SRMP shall include measures for the appropriate handling and profiling of impacted soil and groundwater to be removed from the project site and disposed offsite. Removal, transportation, and disposal of impacted soil and groundwater shall be performed in accordance with applicable federal, state, and local laws, regulations, and ordinances. The SMRP shall be submitted to the City of Palo Alto for review and approval prior to issuance of a grading or building permit. If deemed necessary by City staff, the SRMP shall also be submitted to the Santa Clara County Department of Environmental Health for review and oversight. (c) Findings: Implementation of Mitigation Measure HAZ-1 would ensure that impacts would be reduced to a less than significant level. (d) Remaining Impact: Impacts would be less than significant. (F) 4.5 Noise (1) Impact N-1. The construction of projects under the proposed HIP expansion, including the 788 San Antonio Road Project, would temporarily increase ambient noise levels at sensitive receptors in and near the program area. (a) Potential Impact: The potential impact is discussed in Section 4.5 of the Draft EIR. DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 18 0160033_20201124_ay_16 (b) Mitigation Measure: The project shall implement the following mitigation measure, which would lessen potential construction-related noise impacts to a less than significant level: N-1 Construction-Related Noise Reduction Measures. The applicant shall apply the following measures during construction of projects in the program area:  Mufflers. Construction equipment shall be properly maintained and all internal combustion engine driven machinery with intake and exhaust mufflers and engine shrouds, as applicable, shall be in good condition and appropriate for the equipment. During construction, all equipment, fixed or mobile, shall be operated with closed engine doors and shall be equipped with properly operating and maintained mufflers, consistent with manufacturers’ standards.  Electrical Power. Electrical power, rather than diesel equipment, shall be used to run compressors and similar power tools and to power temporary structures, such as construction trailers or caretaker facilities.  Equipment Staging. All stationary equipment (e.g., air compressors, portable generators) shall be staged as far away from sensitive receptors as feasible. Where feasible, construct temporary noise barriers around stationary equipment in a manner that fully blocks the line of sight to residential windows in the adjacent apartment complex.  Equipment Idling. Construction vehicles and equipment shall not be left idling for longer than five minutes when not in use.  Workers’ Radios. All noise from workers’ radios shall be controlled to a point that they are not audible at sensitive receptors near construction activity.  Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction.  Sound Barrier. During the demolition, site preparation, grading, building, and paving phases of construction, temporary sound barriers shall be installed and maintained facing sensitive receptors (e.g., residential units, educational facilities) located within 100 feet of the center of construction activity. Temporary sound barriers shall, at a minimum, block the line of sight between noise-generating construction equipment and adjacent windows at sensitive receptors and shall be placed as close to the source equipment as feasible. Such barriers shall be field tested to reduce noise by at least 10 dBA at sensitive receptors. A sound DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 19 0160033_20201124_ay_16 barrier can achieve a 5 dBA noise level reduction when it is tall enough to break the line of-sight from the source equipment to the sensitive receptor, and it can achieve an approximate 1 dBA additional noise level reduction for each 2 feet of height after it breaks the line of sight (FHWA 2011). Mobile sound barriers may be used as appropriate to attenuate construction noise near the source equipment.  Disturbance Coordinator. The applicant shall designate a disturbance coordinator who shall be responsible for responding to any local complaints about construction noise. The noise disturbance coordinator shall determine the cause of the noise complaint (e.g., starting too early, bad muffler) and shall require that reasonable measures warranted to correct the problem be implemented. A telephone number for the disturbance coordinator shall be conspicuously posted at the construction site. (c) Finding: The analysis estimates that construction activity during allowed hours would generate ambient noise up to 87 dBA Leq at the nearest sensitive receptors before mitigation, which would represent an increase of up to 16 dBA Leq above existing ambient noise levels. The use of temporary sound barriers according to the specifications in Mitigation Measure N-1 would reduce construction noise levels by 10 dBA Leq. The installation of a temporary sound barrier as directed in Mitigation Measure N-1, combined with other noise reduction measures required in Mitigation Measure N-1, would be sufficient to reduce ambient noise during construction by at least 10 dBA Leq. After this noise reduction, construction noise at the nearest sensitive receptors would be no greater than 77 dBA Leq, or up to 6 dBA above existing ambient noise levels. As a result, construction activity would not cause an increase of 10 dBA or greater in hourly noise levels above existing ambient conditions at sensitive receptors for two or more hours per day, five days per week, for a period of 12 months or more. Mitigation Measure N-1 would reduce construction noise to the extent feasible, and resultant noise levels from construction activity after mitigation would not exceed the City’ maximum allowable level of 110 dBA at any point outside of the project site (PAMC Section 9.10.060). (d) Remaining Impact: The identified impact would be less than significant with implementation of the mitigation measure. (G) Tribal Cultural Resources (1) Impact 1, Undisturbed subsurface tribal cultural resources. There is the possibility of encountering undisturbed subsurface tribal cultural resources during demolition and construction activities. DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 20 0160033_20201124_ay_16 (a) Potential Impact: This impact is discussed in Section 18 of the Initial Study. (b) Mitigation Measure: The following mitigation measure would be required to avoid or reduce the project’s potentially significant impacts to tribal cultural resources: TCR-1 Unanticipated Discovery of Tribal Cultural Resources. In the event that cultural resources of Native American origin are identified during construction of any development associated with proposed HIP expansion, all earth-disturbing work in the vicinity of the find must be temporarily suspended or redirected until an archaeologist has evaluated the nature and significance of the find and an appropriate Native American representative, based on the nature of the find, is consulted. If the County, in consultation with local Native Americans, determines that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with state guidelines and in consultation with Native American groups. The plan would include avoidance of the resource or, if avoidance of the resource is infeasible, the plan would outline the appropriate treatment of the resource in coordination with the archeologist, if applicable, and the appropriate Native American tribal representative. (c) Finding: Mitigation Measure TCR-1 would ensure that tribal cultural resources are identified properly and preserved in the event they are uncovered during construction. (d) Remaining Impact: Implementation of the mitigation measure would reduce impacts regarding disrupting tribal cultural resources to a less than significant level. SECTION 6. Significant and Unavoidable Impacts. The Draft EIR and the Final EIR documented that the Project would result in significant and unavoidable impacts which cannot be adequately mitigated through the adoption and implementation of feasible mitigation measures. Those impacts, along with mitigation measures to mitigate them to the extent feasible, are listed below as referenced in the Draft EIR. // DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 21 0160033_20201124_ay_16 4.2 Cultural Resources Impact CUL-1: The project would result in demolition and removal of two existing single-story commercial buildings at 788 and 790-796 San Antonio Road. Due to its retained integrity, one existing structure at 788 San Antonio Road may be eligible for individual listing in the California Register of Historic Resources (CRHR) and constitutes a historical resource for the purposes of CEQA. Further, development in the rest of the program area under the HIP expansion could result in the demolition or modification of structures eligible for listing on the City’s historic inventory or CRHR Therefore, impacts to historic resources would be significant and unavoidable (a) Potential Impact. The impact identified above is described and discussed in Section 4.2 of the Draft EIR. (b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as further described in the remainder of these findings: Mitigation Measures CUL-3 and CUL-4. MM CUL-3: Historic Documentation Package. Prior to issuance of demolition permits for the 788 San Antonio Road Mixed-Use Project, the applicant shall undertake Historic American Building Survey (HABS) documentation of the structure including its character defining features. The documentation should generally follow the HABS Level III requirements and include measured drawings that depict the size, scale, and dimensions of the subject property; digital photographic recordation of the interior and exterior of the subject property including all character-defining- features; a detailed historic narrative report; and compilation of historic research. The documentation shall be undertaken by a qualified professional who meets the standards for history, architectural history, or architecture (as appropriate), as set forth by the Secretary of the Interior’s Professional Qualification Standards (36 CFR, Part 61). The original archival-quality documentation shall be offered as donated material to the City of Palo Alto Historic Inventory where it would be available for current and future generations. Archival copies of the documentation also shall be submitted to the City of Palo Alto Library where it would be available to local DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 22 0160033_20201124_ay_16 researchers. Completion of this mitigation measure shall be monitored and enforced by the City. MM CUL-4 Interpretive Website. Prior to issuance of demolition permits for the 788 San Antonio Road Mixed-Use Project, the applicant shall develop an online interpretive website that displays materials concerning the history and architectural features of the property. Interpretation of the site’s history shall be supervised by an architectural historian or historian who meets the Secretary of the Interior’s Professional Qualification Standards and may engage additional consultants to develop the display. The interpretative website, which may include, but are not limited to, a display of photographs, news articles, memorabilia, and/or video. The site shall be overseen by Palo Alto Historic Association, a similar non-profit, or the City of Palo Alto at the applicant’s expense. The content of the site shall be approved by the Director of Planning & Development Services or designee. (a) Findings. The above-noted mitigation measures will reduce the severity of this potentially significant impact by documenting the building materials. The mitigation measures also provide the opportunity to display an interpretation of the site’s history. However, because of the implementation of the project requires the demolition of the building, these measures would not fully mitigate this Impact to a less-than-significant level. (b) Remaining Impacts. There are no other feasible mitigation measures available to mitigate this impact to a less-than-significant level. Implementation of Mitigation Measures CUL-3 and 4 would lessen the Project's impacts on the described historical resources through documentation and providing an interpretive archival of the building’s materials. However, the implementation of the Project requires the demolition and these mitigation measures would not result in reversing the demolition, and therefore would still result in a significant impact to historic resources. (c) Overriding Considerations. The environmental, social, economic and other benefits of the Project override any remaining significant adverse impacts of the Project relating to historical resources as set forth in the Statement of Overriding Considerations below. DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 23 0160033_20201124_ay_16 SECTION 7. Findings Regarding Project Alternatives. Public Resources Code section 21002 prohibits a public agency from approving a project if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of the project. When a lead agency finds, even after the adoption of all feasible mitigation measures, that a project will still cause one or more significant environmental effects that cannot be substantially lessened or avoided, it must, prior to approving the project as mitigated, first determine whether there are any project alternatives that are feasible and that would substantially lessen or avoid the project's significant impacts. Under CEQA, "feasibility” includes "desirability" to the extent that it is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors, and an alternative may be deemed by the lead agency to be "infeasible" if it fails to adequately promote the project applicant's and/or the lead agency's primary underlying goals and objectives for the project. Thus, a lead agency may reject an alternative, even if it would avoid or substantially lessen one or more significant environmental effects of the project, if it finds that the alternative's failure to adequately achieve the objectives for the project, or other specific and identifiable considerations, make the alternative infeasible. The City Council certifies that the Final EIR describes a reasonable range of alternatives to the Project, which could feasibly obtain the basic objectives of the Project, and that the City Council has evaluated the comparative merits of the alternatives. As described below, the City Council has decided to approve the Project as proposed, and to reject the remainder of the alternatives, as summarized below. Chapter 2 of the Draft EIR set forth the Project applicant's objectives for the Project. That list is incorporated herein by reference. In light of the applicant's objectives for the Project, and given that the Project is expected to result in certain significant environmental effects even after the implementation of all feasible mitigation measures, as identified above, the City hereby makes the following findings with respect to whether one or more of the alternatives evaluated in the Draft EIR could feasibly accomplish most of the goals and objectives for the Project and substantially lessen or avoid one or more of its potentially significant effects. DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 24 0160033_20201124_ay_16 No Project Alternative The No Project Alternative - Current Conditions Scenario is discussed at Section 6.1 of the Draft EIR. The No Project - Current Conditions Scenario is hereby rejected as infeasible because it would not achieve the Project objectives, as explained in Section 6.4 of the Draft EIR. Alternative 2: Project Site - Existing 788 San Antonio Road Building to Remain Plus New Building Location The “Existing 788 San Antonio Road Building to Remain Plus New Building Location” Alternative is discussed in Section 6.2 of the Draft EIR. This alternative is hereby rejected as infeasible because while the demolition of the historically eligible building would not occur, the operation of 6,500 square feet of retail space would increase vehicle trips compared to the proposed project and therefore would result in greater impacts related to air quality, GHG emissions, and transportation. Alternative 2 would meet most of the objectives for the Project, but it would not develop as many residential units to assist with the City’s progress toward its goal of generating 300 housing units per year and improve the jobs housing balance. Alternative 3: Expand the Housing Incentive Program to Allow Floor Area Ratio of 1.5 within the Program Area Alternative The “Expand the Housing Incentive Program to Allow Floor Area Ratio of 1.5 within the Program Area Alternative” is discussed in Section 6.3 of the Draft EIR. would reduce vehicle trip generation, it would result in reduced impacts related to air quality, greenhouse gas emissions, and transportation. Nevertheless, impacts related to historical resources from the potential demolition or impairment of the building at 788 San Antonio Road would remain. Alternative 3 would meet most of the program objectives, but it would not develop as many residential units to assist with the City’s progress towards the City’s Regional Housing Needs Assessment (RHNA) goals. SECTION 8. Statement of Overriding Considerations Pursuant to Public Resources Code Section 21081 and Section 15093 of the CEQA Guidelines, this City Council adopts and makes the following Statement of Overriding DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 25 0160033_20201124_ay_16 Considerations regarding the remaining significant unavoidable impacts of the Project, as discussed above, and the anticipated economic, social and other benefits of the Project. The City finds that: (i) the majority of the significant impacts of the Project will be reduced to less- than-significant and acceptable levels by the mitigation measures described in the Final EIR and approved and adopted by these Findings; (ii) the City's approval of the Project will result in certain significant adverse environmental effects that cannot be avoided even with the incorporation of all feasible mitigation measures into the Project; and (iii) there are no other feasible mitigation measures or feasible Project alternatives that would further mitigate or avoid the remaining significant environmental effects. The significant effects that have not been mitigated to a less-than-significant level and are therefore considered significant and unavoidable are identified in Section 6 herein. Despite these potentially significant impacts, it is the City's considered judgment that the benefits offered by the Project outweigh the potentially adverse effects of these significant impacts. The substantial evidence supporting the following described benefits of the Project can be found in the preceding findings and in the record of proceedings. The benefits of the Project which the City Council finds serve as overriding considerations" justifying its approval include the following: (1) The site is in an area that is in transition from low-intensity commercial development to higher-intensity commercial and mixed-use development. The area includes Housing Inventory Sites contained in the City’s Housing Element. Based on recent and current housing demand, the preservation and expansion of these opportunity sites are necessary for the City to meet current and anticipated Regional Housing Needs Allocation (RHNA) goals. The Housing Incentive Program (HIP) expansion allows for the project’s objectives to be met and the adaptive reuse of the historic structure cannot feasibly accommodate a mixed-use project and meet the project objectives. (2) Redevelopment of the site will include a mixed-use use project that would include local serving, pedestrian-oriented commercial and residential units. The approval of these residential units would represent one-third of the number of dwelling units established by the City in year for housing production. The project would be the catalyst for future mixed-use projects. There is a potential for the HIP to accommodate approximately 800 dwelling units in the program area. While the loss of the historic structure would result in a negative impact on the environment, this loss is outweighed by DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 26 0160033_20201124_ay_16 the benefit of the needed increase in the City’s housing stock, which will help in alleviating the current housing crisis. INTRODUCED AND PASSED: November 16, 2020 AYES: CORMACK, DUBOIS, FILSETH, FINE, KNISS, KOU, TANAKA NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager Assistant City Attorney Director of Planning and Development Services DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 1 0160033_20201124_ay_16 Exhibit A MITIGATION MONITORING OR REPORTING PROGRAM PROJECT NAME Housing Inventive Program Expansion and 788 San Antonio Road Mixed-Use Project Application Number 19PLN-00079 Applicant Ted O’Hanlon on behalf of 788 SA, LLC 2625 Middlefield Road, #101 Palo Alto, CA 94306 Date November 2020 The Draft Environmental Impact Report for the Housing Inventive Program Expansion and 788 San Antonio Road Mixed-Use Project identifies the mitigation measures that will be implemented to reduce the impacts associated with the project. The California Environmental Quality Act (CEQA) was amended in 1989 to add Section 21081.6, which requires a public agency to adopt a monitoring and reporting program for assessing and ensuring compliance with any required mitigation measures applied to proposed development. As stated in section 21081.6(a)(1) of the Public Resources Code, “... the public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.” Section 21081.6 also provides general guidelines for implementing mitigation monitoring programs and indicates that specific reporting and/or monitoring requirements, to be enforced during project implementation, shall be defined as part of adopting an Environmental Impact Report (EIR). The mitigation monitoring table lists those mitigation measures that would be included as conditions of approval for the project. To ensure that the mitigation measures are properly implemented, a monitoring program has been devised which identifies the timing and responsibility for monitoring each measure. Environmental Impact Mitigation Measure Responsibility for Implementation Timing of Compliance Oversight of Implementation Air Quality AQ-1: Construction Mitigation For individual projects in the HIP expansion area that exceed the BAAQMD air pollutant and precursor screening levels, the project proponent for that particular development shall conduct a quantifiable analysis to measure construction-related impacts to air quality for all construction phases as described in the BAAQMD CEQA Guidelines (2017). If project construction would exceed BAAQMD thresholds for criteria pollutants, the City shall require the construction contractor(s) to implement additional BAAQMD-approved measures beyond Basic Control requirements and demonstrate that such measures would reduce emissions to below thresholds. Additional measures for development Applicant Prior to grading permit CPA Planning Department DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 2 0160033_20201124_ay_16 Environmental Impact Mitigation Measure Responsibility for Implementation Timing of Compliance Oversight of Implementation projects that exceed significance criteria may include, but are not limited to: All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or moisture probe. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph. Wind breaks (e.g., trees, fences) shall be installed on the windward side(s) of actively disturbed areas of construction. Wind breaks should have at maximum 50 percent air porosity. Vegetative ground cover (e.g., fast- germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established. The simultaneous occurrence of excavation, grading, and ground- disturbing construction activities on the same area at any one time shall be limited. Activities shall be phased to reduce the amount of disturbed surfaces at any one time. All trucks and equipment, including their tires, shall be washed off prior to leaving the site. Site accesses to a distance of 100 feet from the paved road shall be treated with a 6 to 12-inch compacted layer of wood chips, mulch, or gravel. Minimizing the idling time of diesel- powered construction equipment to two minutes. The project shall develop a plan demonstrating that the off-road equipment (more than 50 horsepower) to be used in the construction project (i.e., owned, leased, and subcontractor vehicles) would achieve a project wide fleet-average 20 percent NOX reduction and 45 percent PM reduction compared to the most recent ARB fleet average. Acceptable options for reducing emissions include the use of late model engines, low- emission diesel products, alternative fuels, engine retrofit technology, after- treatment products, add-on devices such as particulate filters, and/or other options as such become available. Use low VOC (i.e., ROG) coatings DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 3 0160033_20201124_ay_16 Environmental Impact Mitigation Measure Responsibility for Implementation Timing of Compliance Oversight of Implementation beyond the local requirements (i.e., Regulation 8, Rule 3: Architectural Coatings). Requiring that all construction equipment, diesel trucks, and generators be equipped with Best Available Control Technology for emission reductions of NOX and PM. Limiting import/export of soils or limiting the number of hauling trips per day to reduce emissions of NOX associated with hauling truck trips. Phasing construction activities to reduce daily equipment use. Biological Resources BIO-1: Nesting Bird Surveys and Avoidance Construction, grading, site preparation and other ground- disturbing activities required for development allowed by the proposed HIP expansion that would involve vegetation or tree removal shall be prohibited during the general avian nesting season (February 1 – August 31), if feasible. If nesting season avoidance is not feasible, the applicant shall retain a qualified biologist, as approved by the City of Palo Alto, to conduct a preconstruction nesting bird survey to determine the presence/absence, location, and activity status of any active nests on or adjacent to the development site. The extent of the survey buffer area surrounding the site shall be established by the qualified biologist to ensure that direct and indirect effects to nesting birds are avoided. To avoid the destruction of active nests and to protect the reproductive success of birds protected by the MBTA and CFGC, nesting bird surveys shall be performed not more than 14 days prior to scheduled vegetation clearance and structure demolition. In the event that active nests are discovered, a suitable buffer (typically a minimum buffer of 50 feet for passerines and a minimum buffer of Applicant or designee/ Construction contractor Prior to and during Construction CPA Planning Department DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 4 0160033_20201124_ay_16 Environmental Impact Mitigation Measure Responsibility for Implementation Timing of Compliance Oversight of Implementation 250 feet for raptors) shall be established around such active nests and no construction shall be allowed within the buffer areas until a qualified biologist has determined that the nest is no longer active (i.e., the nestlings have fledged and are no longer reliant on the nest). No ground disturbing activities shall occur within this buffer until the qualified biologist has confirmed that breeding/nesting is completed and the young have fledged the nest. Nesting bird surveys are not required for construction activities occurring between August 31 and February 1. Cultural Resources CUL-1 Historic Resource Evaluation. For future projects in the program area that would involve demolition or modification of structures over 45 years in age, a Historic Resources Evaluation (HRE) shall be prepared by a qualified professional to determine the structure’s eligibility for listing on the local or state historic registers. The report shall be submitted to the Planning Director and will be utilized by staff in their evaluation of the project and CEQA review. If the structure is determined to be eligible for listing on the local or state register, Mitigation Measure CUL-2 shall be implemented. Applicant or designee Prior to project approval CPA Planning Department CUL-2: Rehabilitation and Restoration For future projects in the program area that involve modification of structures determined to be eligible for listing on the City’s historic inventory or CRHR, prior to submittal for building permits, a qualified historic preservation architect shall review the plans for the modifications to verify that the work is in keeping with applicable Secretary of the Interior’s Standards for Rehabilitation, such that the original materials and character-defining features will be retained and rehabilitated. The final design and materials associated with building modifications shall be reviewed and approved by the Director and the Historic Preservation Planner of the City of Palo Alto Planning and Community Environment Department. Applicant or designee Prior to project approval CPA Planning Department CUL-3: Historic Documentation Package Prior to issuance of demolition permits for the 788 San Antonio Road Mixed-Use Project, the applicant shall undertake Historic American Building Survey (HABS) documentation of the structure including Applicant or designee Prior to issuance of demolition permits CPA Planning Department DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 5 0160033_20201124_ay_16 Environmental Impact Mitigation Measure Responsibility for Implementation Timing of Compliance Oversight of Implementation its character defining features. The documentation should generally follow the HABS Level III requirements and include measured drawings that depict the size, scale, and dimensions of the subject property; digital photographic recordation of the interior and exterior of the subject property including all character-defining-features; a detailed historic narrative report; and compilation of historic research. The documentation shall be undertaken by a qualified professional who meets the standards for history, architectural history, or architecture (as appropriate), as set forth by the Secretary of the Interior’s Professional Qualification Standards (36 CFR, Part 61). The original archival-quality documentation shall be offered as donated material to the City of Palo Alto Historic Inventory where it would be available for current and future generations. Archival copies of the documentation also shall be submitted to the City of Palo Alto Library where it would be available to local researchers. Completion of this mitigation measure shall be monitored and enforced by the City. CUL-4: Interpretive Website Prior to issuance of demolition permits for the 788 San Antonio Road Mixed-Use Project, the applicant shall develop an online interpretive website that displays materials concerning the history and architectural features of the property. Interpretation of the site’s history shall be supervised by an architectural historian or historian who meets the Secretary of the Interior’s Professional Qualification Standards and may engage additional consultants to develop the display. The interpretative website, which may include, but are not limited to, a display of photographs, news articles, memorabilia, and/or video. The site shall be overseen by Palo Alto Historic Association, a similar non-profit, or the City of Palo Alto at the applicant’s expense. The content of the site shall be approved by the Director of Planning & Development Services or designee. Applicant or designee Prior to issuance of demolition permits CPA Planning Department CR-1: Worker’s Environmental Awareness Program (WEAP) For all development subject to the proposed HIP expansion, a qualified archaeologist shall be retained who meets the Secretary of the Interior’s Professional Qualifications Standards for archaeology to conduct WEAP training for Applicant or designee/ Construction contractor During Construction CPA Planning Department DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 6 0160033_20201124_ay_16 Environmental Impact Mitigation Measure Responsibility for Implementation Timing of Compliance Oversight of Implementation archaeological sensitivity for all construction personnel prior to the commencement of ground disturbing activities. Archaeological sensitivity training should include a description of the types of cultural resources that may be encountered, cultural sensitivity issues, regulatory issues, and the proper protocol for treatment of the materials in the event of a find. CR-2: Unanticipated Discovery of Cultural Resources For all development subject to the proposed HIP expansion, in the event that archaeological resources are unearthed during project construction, all earth- disturbing work near the find must be temporarily suspended or redirected until an archaeologist meeting the Secretary of the Interior’s Professional Qualification Standards for archaeology (NPS 1983) has evaluated the nature and significance of the find. If the discovery proves to be significant under CEQA, additional work, such as preservation in place or archaeological data recovery, shall occur as required by the archeologist in coordination with City staff and descendants and/or stakeholder groups, as warranted. Once the resource has been properly treated or protected, work in the area may resume. A Native American representative shall be retained to monitor mitigation work associated with Native American cultural material. Applicant or designee/Construction contractor During Construction CPA Planning Department Geology and Soils GEO-1: Geotechnical Investigation Prior to approval of grading permits for a building or structure associated with the development allowed by the HIP expansion, a detailed final geotechnical investigation shall be performed to identify significant geotechnical constraints on the proposed development. The report shall develop formal recommendations for project design and construction, including site grading/soil preparation and foundation design. Among other components, the report shall include a quantitative evaluation of liquefaction susceptibility, including projected levels of post- liquefaction settlement; an evaluation of soil shrink-swell potential; and an investigation of compressible soils that may be prone to settlement/subsidence. The report shall be stamped and signed by a professional engineer (PE) or geotechnical engineer and provided by the applicant to the City of Palo Alto for Applicant or designee Prior to building permit CPA Planning Department DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 7 0160033_20201124_ay_16 Environmental Impact Mitigation Measure Responsibility for Implementation Timing of Compliance Oversight of Implementation review to ensure that foundations designed for all proposed structures are appropriate and meet code requirements. The PE or geotechnical engineer of record shall also review the final grading, drainage, and foundation plans to confirm incorporation of the report recommendations. Field monitoring during project construction shall be performed to verify that the work is performed as recommended. GEO-2: Discovery of Paleontological Resources Construction activities associated with the development allowed under the HIP expansion shall adhere to the following measures. 1. Ground Disturbance. Prior to ground- disturbing activities for projects associated with the HIP expansion, the applicant or its designee will retain a qualified paleontologist to provide on- call services in the event of an unanticipated discovery. A qualified professional paleontologist is defined by the SVP standards as an individual preferably with an M.S. or Ph.D. in paleontology or geology who is experienced with paleontological procedures and techniques, who is knowledgeable in the geology of California, and who has worked as a paleontological mitigation project supervisor for a least two years (SVP 2010). Prior to the start of construction, the qualified paleontologist or his or her designee shall conduct a Paleontological Worker Environmental Awareness Program (WEAP), a training for construction personnel regarding the appearance of fossils and the procedures for notifying paleontological staff should fossils be discovered by construction staff. The WEAP shall be fulfilled at the time of a preconstruction meeting at which a Qualified Paleontologist shall attend. In accordance with SVP (2010) guidelines, in the event that undetected buried resources are encountered, all work shall halt in the immediate vicinity of the find and the qualified professional paleontologist shall be notified to evaluate the discovery. The qualified paleontologist shall determine the significance of the discovery and identify whether additional mitigation or treatment is warranted. Measures may include testing, data recovery, reburial, Applicant or designee/ Construction manager Prior to ground disturbing activities and during construction CPA Planning Department DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 8 0160033_20201124_ay_16 Environmental Impact Mitigation Measure Responsibility for Implementation Timing of Compliance Oversight of Implementation archival review and/or transfer to the appropriate museum or educational institution. All testing, data recovery, reburial, archival review or transfer to research institutions related to monitoring discoveries shall be determined by the qualified paleontologist and shall be reported to the City. Work in the area of the discovery will resume once the find is properly documented and authorization is given to resume construction work. 2. Excavation Below 18 Feet. Prior to the commencement of grading and excavation below a depth of 18 feet for any project associated with the HIP expansion, applicants shall retain a qualified paleontologist approved by the City of Palo Alto to monitor grading and excavation activities. Full-time monitoring onsite shall occur whenever excavation activities exceed 18 feet below ground surface. The duration and timing of the monitoring will be determined by the qualified paleontologist and the location and extent of proposed ground disturbance. If the qualified paleontologist determines that full- time monitoring is no longer warranted, based on the specific geologic conditions at the surface or at depth, he/she may recommend that monitoring be reduced to periodic spot-checking or cease entirely. Any paleontological resources discovered by construction personnel or subcontractors shall be reported immediately to the paleontologist. In the event undetected buried resources are encountered during grading and excavation, all work in the immediate vicinity of the find shall cease and the paleontologist shall evaluate the resource and propose appropriate mitigation measures. Measures may include testing, data recovery, reburial, archival review and/or transfer to the appropriate museum or educational institution. All testing, data recovery, reburial, archival review or transfer to research institutions related to monitoring discoveries shall be determined by the qualified paleontologist and shall be reported to the City. DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 9 0160033_20201124_ay_16 Environmental Impact Mitigation Measure Responsibility for Implementation Timing of Compliance Oversight of Implementation Hazards and Hazardous Materials HAZ-1: Site Risk Management Plan Prior to issuance of permits allowing groundwater dewatering or earth- disturbing activity, the developer shall prepare a site risk management plan (SRMP). The SRMP will address known and unknown environmental issues that may be encountered during development. The plan shall identify appropriate measures to be followed when impacted soil and groundwater are encountered during demolition, excavation, dewatering, and construction. This includes health and safety measures to reduce exposure to potentially impacted soil and groundwater for construction workers and dust control measures to reduce exposure to contaminated dust particles for nearby residents. Health and safety measures shall include the required personal protective equipment (PPE) to be used by site personnel, including action levels and decision criteria for upgrading the levels of PPE. The SRMP shall also identify personnel to be notified, emergency contacts, and a sampling protocol if impacted media is encountered. The excavation and demolition contractors shall be made aware of the possibility of encountering known and unknown hazardous materials including impacted soil and groundwater; and shall be provided with appropriate contact and notification information. The plan shall include a provision stating at what point it is safe to continue with the excavation or demolition, and identify the person authorized to make that determination. In addition, the SRMP shall include measures for the appropriate handling and profiling of impacted soil and groundwater to be removed from the project site and disposed offsite. Removal, transportation, and disposal of impacted soil and groundwater shall be performed in accordance with applicable federal, state, and local laws, regulations, and ordinances. The SMRP shall be submitted to the City of Palo Alto for review and approval prior to issuance of a grading or building permit. If deemed necessary by City staff, the SRMP shall also be submitted to the Santa Clara County Department of Environmental Health for review and oversight. Applicant or designee Prior to issuance of grading permits CPA Planning Department DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 10 0160033_20201124_ay_16 Environmental Impact Mitigation Measure Responsibility for Implementation Timing of Compliance Oversight of Implementation Noise N-1: Construction- Related Noise Reduction Measures The applicant shall apply the following measures during construction of projects in the program area:  Mufflers. Construction equipment shall be properly maintained and all internal combustion engine driven machinery with intake and exhaust mufflers and engine shrouds, as applicable, shall be in good condition and appropriate for the equipment. During construction, all equipment, fixed or mobile, shall be operated with closed engine doors and shall be equipped with properly operating and maintained mufflers, consistent with manufacturers’ standards.  Electrical Power. Electrical power, rather than diesel equipment, shall be used to run compressors and similar power tools and to power temporary structures, such as construction trailers or caretaker facilities.  Equipment Staging. All stationary equipment (e.g., air compressors, portable generators) shall be staged as far away from sensitive receptors as feasible. Where feasible, construct temporary noise barriers around stationary equipment in a manner that fully blocks the line of sight to residential windows in the adjacent apartment complex.  Equipment Idling. Construction vehicles and equipment shall not be left idling for longer than five minutes when not in use.  Workers’ Radios. All noise from workers’ radios shall be controlled to a point that they are not audible at sensitive receptors near construction activity.  Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction.  Sound Barrier. During the demolition, site preparation, grading, building, and paving phases of construction, temporary sound barriers shall be installed and maintained facing Applicant or designee, Construction contractor During construction CPA Planning Department DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 11 0160033_20201124_ay_16 Environmental Impact Mitigation Measure Responsibility for Implementation Timing of Compliance Oversight of Implementation sensitive receptors (e.g., residential units, educational facilities) located within 100 feet of the center of construction activity. Temporary sound barriers shall, at a minimum, block the line of sight between noise- generating construction equipment and adjacent windows at sensitive receptors and shall be placed as close to the source equipment as feasible. Such barriers shall be field tested to reduce noise by at least 10 dBA at sensitive receptors. A sound barrier can achieve a 5 dBA noise level reduction when it is tall enough to break the line-of-sight from the source equipment to the sensitive receptor, and it can achieve an approximate 1 dBA additional noise level reduction for each 2 feet of height after it breaks the line of sight (FHWA 2011). Mobile sound barriers may be used as appropriate to attenuate construction noise near the source equipment.  Disturbance Coordinator. The applicant shall designate a disturbance coordinator who shall be responsible for responding to any local complaints about construction noise. The noise disturbance coordinator shall determine the cause of the noise complaint (e.g., starting too early, bad muffler) and shall require that reasonable measures warranted to correct the problem be implemented. A telephone number for the disturbance coordinator shall be conspicuously posted at the construction site. Tribal Cultural Resources TCR-1: Unanticipated Discovery of Tribal Cultural Resources In the event that cultural resources of Native American origin are identified during construction of any development associated with proposed HIP expansion, all earth-disturbing work in the vicinity of the find must be temporarily suspended or redirected until an archaeologist has evaluated the nature and significance of the find and an appropriate Native American representative, based on the nature of the find, is consulted. If the County, in consultation with local Native Americans, 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 Applicant or designee, Construction contractor During construction CPA Planning Department DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 12 0160033_20201124_ay_16 Environmental Impact Mitigation Measure Responsibility for Implementation Timing of Compliance Oversight of Implementation groups. The plan would include avoidance of the resource or, if avoidance of the resource is infeasible, the plan would outline the appropriate treatment of the resource in coordination with the archeologist, if applicable, and the appropriate Native American tribal representative. DocuSign Envelope ID: 0C1888ED-BE4F-4DCA-865F-053F1950B897 Certificate Of Completion Envelope Id: 0C1888EDBE4F4DCA865F053F1950B897 Status: Completed Subject: Please DocuSign: RESO 9925 Exhibit A - Mitigation Monitoring Or Reporting Program.docx, RESO 99... Source Envelope: Document Pages: 38 Signatures: 5 Envelope Originator: Certificate Pages: 2 Initials: 0 Danielle Kang AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Danielle.Kang@cityofpaloalto.org IP Address: 199.33.32.254 Record Tracking Status: Original 12/7/2020 5:17:15 PM Holder: Danielle Kang Danielle.Kang@cityofpaloalto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Albert Yang Albert.Yang@CityofPaloAlto.org Assistant City Attorney City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 97.113.81.45 Sent: 12/7/2020 5:45:53 PM Viewed: 12/7/2020 9:46:34 PM Signed: 12/7/2020 9:46:54 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jonathan Lait Jonathan.Lait@CityofPaloAlto.org Interim Director Planning and Community Environment City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 99.88.42.180 Sent: 12/7/2020 9:46:57 PM Viewed: 12/8/2020 10:35:02 AM Signed: 12/8/2020 10:35:58 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada Ed.Shikada@CityofPaloAlto.org Ed Shikada, City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 98.42.3.200 Sent: 12/8/2020 10:36:02 AM Viewed: 12/8/2020 8:40:52 PM Signed: 12/8/2020 8:41:07 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Adrian Fine Adrian.Fine@CityofPaloAlto.org Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 107.77.212.182 Signed using mobile Sent: 12/8/2020 8:41:11 PM Viewed: 12/8/2020 8:49:07 PM Signed: 12/8/2020 8:49:24 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Beth Minor beth.minor@cityofpaloalto.org City Clerk City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 12/8/2020 8:49:28 PM Viewed: 12/9/2020 7:25:22 AM Signed: 12/9/2020 7:25:50 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/7/2020 5:45:53 PM Certified Delivered Security Checked 12/9/2020 7:25:22 AM Signing Complete Security Checked 12/9/2020 7:25:50 AM Completed Security Checked 12/9/2020 7:25:50 AM Payment Events Status Timestamps