University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 1 of 14 March 2022
MITIGATION MONITORING & REPORTING PROGRAM
University Circle Phase II Office Project
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency
AIR QUALITY
MM AIR-2.1: During construction period
ground disturbance, the project contractor shall
implement the following measures recommended
by BAAQMD to control dust and exhaust:
• Exposed surfaces (e.g., parking areas,
staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered
three times per day at a frequency adequate
to maintain minimum soil moisture of 12
percent.
• Haul trucks transporting soil, sand, or other
loose material off-site shall be covered.
• Visible mud or dirt tracked-out onto
adjacent public roads shall be removed
using wet power vacuum street sweeps at
least once per day. The use of dry power
sweeping is prohibited.
• Vehicle speeds on unpaved surfaces shall be
limited to 15 miles per hour (mph)
• Roadways, driveways, and sidewalks to be
paved shall be completed as soon as
possible. Building pads shall be laid as soon
as possible after grading unless seeding or
soil binders are used.
Project Applicant
and Contractors
During
construction
Oversight of
implementation by
the City’s Planning
Division and
Building Division
Ensure that the project
contractor implements measures
to control dust and exhaust.
All measures will be printed on
the project plans prior to
issuance of permits.
As needed
during
construction
University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 2 of 14 March 2022
Mitigation Measures Implemented By Implementation
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shutting equipment off when not in use or
reducing the maximum idling time to five
minutes (as required by the California
airborne toxics control measure Title 13,
Section 2485 of California Code of
Regulations). Clear signage shall be posted
for construction workers at all access
points.
• Construction equipment shall be maintained
and properly tuned in accordance with
manufacturer’s specifications. All
equipment shall be checked by a certified
mechanic and determined to be running in
proper condition prior to operation.
• Post a publicly visible sign with the
telephone number and contact at the City of
East Palo Alto regarding dust complaints.
This person shall respond and take
corrective action within 48 hours. The
BAAQMD’s phone number shall also be
included to ensure compliance with
applicable regulations.
• Excavation, grading, and/or demolition
activities shall be suspended when average
wind speed exceeds 20 miles per hour
(mph) and visible dust extends beyond site
boundaries.
• Wind breaks (e.g., trees, fences) shall be
installed on the windward side(s) of actively
disturbed areas of construction adjacent to
sensitive receptors. Wind breaks should
have at minimum of 50 percent air porosity.
• Vegetative ground cover (e.g., fastgerminating native grass seed) shall be University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 3 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency 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.
• Avoid tracking visible soil material on to
public roadways by employing the
following measures if necessary: (1) treat
site access to a distance of 100 feet from
public paved roads with a six to 12-inch
compacted layer of wood chips, mulch, or
gravel and (2) washing truck tires and
construction equipment prior to leaving the
site.
• Sandbags or other erosion control measures
shall be installed to prevent silt runoff to
public roadways from sites with a slope
greater than one percent.
MM AIR-3.1: The project shall develop a plan
demonstrating either of the following options:
1) All construction equipment larger than 25
horsepower used at the site for more than
two continuous days or 20 hours total
shall meet U.S. EPA Tier 4 emissions
standards for particulate matter (PM10 and
PM2.5), if feasible, or
If use of Tier 4 equipment is not feasible,
use equipment that meets the U.S. EPA
emissions standards for Tier 3 engines and
Project Applicant
and Contractors
Prior to issuance
of Grading or
Building Permits
Oversight of
implementation by
the City’s Planning
Division and
Building Division
Review plan submitted by
Project Applicant and
Contractors to ensure that the
project contractor implements
measures to reduce particulate
mater emissions from
construction equipment during
construction.
Once
University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 4 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency includes CARB-certified Level 3
verifiable diesel emission control devices
that altogether achieve a minimum 87
percent reduction in particulate matter
exhaust in comparison to uncontrolled
equipment, or use alternatively fueled
equipment or electric equipment;
And provide line power to the site during
the early phases of construction to
minimize the use of diesel-powered
stationary equipment, such as generators;
And cranes, air compressors, and welders
shall be powered by electricity or
alternative fuel, or
2) The applicant may develop a separate
feasible plan that reduces on- and near-site
construction diesel particulate matter
emissions by a minimum of 87 percent or
greater. Such a plan would have to be
reviewed and approved by the City.
BIOLOGICAL RESOURCES
MM BIO-1.1: Avoidance: the project applicant
shall schedule demolition and construction
activities that may directly or indirectly affect
protected species to avoid the nesting season.
The nesting season for most birds, including
most raptors in the San Francisco Bay area,
extends from February 1st through August 31st
(inclusive), as amended.
MM BIO-1.2: Nesting Bird Surveys: If it is not
Project applicant
and contractors
Prior to any tree
removal and
issuance of
Demolition or
Grading Permit
Oversight of
implementation by
the City’s Planning
Division and
Building Division
Verify pre-construction surveys
Submittal of a report indicating
the results of the survey and any
designated buffer zones to the
satisfaction of the City of East
Palo Alto Planning Manager
All measures will be printed on
Once or if
active nests are
found, periodic
monitoring and
reporting until
fledglings have
left the nest
University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 5 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency possible to schedule demolition and construction
that may directly or indirectly affect protected
species between September 1st and January 31st
(inclusive), pre-construction surveys for nesting
birds shall be completed by a qualified
ornithologist to ensure that no nests shall be
disturbed during project implementation. This
survey shall be completed no more than 14 days
prior to initiation of construction activities
during the early part of the breeding season
(February 1st through April 31st inclusive) and no
more than 30 days prior to the initiation of these
activities during the late part of the breeding
season (May 1st through August 31st inclusive).
During this survey, the ornithologist shall inspect
all trees and other possible nesting habitats
immediately adjacent to the construction areas
for nests.
MM BIO-1.3: Buffer Zones: If an active nest is
found sufficiently close to work areas to be
disturbed by construction, the ornithologist, in
consultation with the California Department of
Fish and Wildlife, shall determine the extent of a
construction free buffer zone to be established
around the nest, typically 250 feet, to ensure that
raptor or migratory bird nests shall not be
MM BIO-1.4: Reporting: Prior to any tree
removal, or approval of any grading permits,
(whichever occurs first), the ornithologist shall
submit a report indicating the results of the
survey and any designated buffer zones to the
satisfaction of the City’s Director of Community
and Economic Development or the Director’s
the project plans prior to
issuance of permits.
University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 6 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency designee.
MM BIO-4.1: Prior to issuance of building
permits, the project shall reduce the amount of
glazing (i.e., windows or reflective surfaces) to
the extent feasible on the southern façade of the
proposed office building and treat all remaining
glass on the southern façade with bird-safe
glazing treatments.
Project applicant Prior to issuance
of building
permits.
Oversight of
implementation by
the City’s Planning
Division and
Building Division
Verify glazing reduced to the
extent possible and bird-safe
treatment applied to the
remaining glass.
Submittal of plans showing
reduced glazing and/or
information on bird-safe glazing
treatment proposed for
remaining windows to the
satisfaction of the City of East
Palo Alto Planning Manager
Once prior to
building permit
issuance
CULTURAL RESOURCES
MM CUL-2.1: Prior to issuance of grading or
demolition permits, the project applicant shall
retain a qualified archaeologist and Native
American cultural resources monitor from
Tamien Nation. The qualified archaeologist shall
conduct subsurface borings within the southern
section of the project site where the three levels
of underground parking is proposed. The Native
American cultural resources monitor shall be on
site to monitor ground disturbing activities
including soil borings. Soil borings shall be
conducted where anticipated deep disturbances
are proposed, away from the existing single-story
underground parking. Boring locations shall be
placed between 50 and 75 meters apart
depending on the size of the area to be explored.
Project applicant
and contractors
Prior to grading
and demolition
permits and
during grounddisturbing
activities
Oversight of
implementation by
the City’s Planning
Division and
Building Division
Await notification from project
applicant if archaeological
resources are encountered during
soil borings, and subsequent
grading or excavation
Prepare research design and
treatment plan to determine
appropriate mitigation and/or
data recovery if necessary
Once prior to
grading and
building permit
issuance
When
resources are
encountered,
provide an
evaluation
report
University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 7 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency At least one boring shall sample the entire
proposed impacts depth to provide a comparison
of the stratigraphy to the previous nearby coring
samples. At least 7 meters of undisturbed native
soils shall be sampled below the fill if that can be
completed within the proposed depth of impacts.
Boring sample depths should be adjusted
depending on findings of similar soils or missing
layers. Samples from the three layers most likely
to have archaeological resources shall be
screened by a qualified archaeologist to
determine if cultural materials are present.
If archaeological resources are identified, the
qualified archaeologist in consultation with a
Native American representative shall prepare
a research design and treatment plan tailored
to the resources identified. The qualified
archaeologist shall submit the research
design and treatment plan approved by
Tamien Nation to the City for review and
approval. Once the research design and
treatment plan is approved by the City,
archaeological testing of the resource can
begin. Testing shall be commensurate with
the level of proposed impacts and
determined in consultation with a Native
American representative. After field testing,
an evaluation report shall be prepared
documenting the fieldwork, analyzing the
cultural materials recovered, defining its
boundaries within proposed impacts, and
evaluating the resource per the California
Register of Historic Resources criteria. If
cultural materials are determined to be
University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 8 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency Native American in origin, a Native
American monitor shall be present during all
archaeological testing.
MM CUL-2.2: Prior to issuance of the
Grading Permit, the project applicant shall
submit evidence that an Archaeological
Cultural Resources Awareness Training was
held prior to ground disturbance. The
training shall be facilitated by the project
archaeologist in coordination with a Native
American representative from Tamien
Nation, registered with the Native American
Heritage Commissions, for the City of East
Palo Alto and that is traditionally and
culturally affiliated with the geographic area
as described in Public Resources Code
Section 21080.3
MM CUL-2.3: In the event that buried, or
previously unrecognized archaeological
deposits or materials of any kind are
inadvertently exposed during construction
activity, work within 50 feet of the find shall
cease until a qualified archaeologist can
assess the find and provide
recommendations for further treatment, if
warranted. Construction and potential
impacts to the area(s) within a radius
determined by the archaeologist shall not
recommence until the assessment is
complete.
University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 9 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency MM CUL-3.1: If human remains are
encountered as a result of construction activities,
all work in the vicinity shall be halted and the
County Coroner contacted. In the event that the
County Coroner determines that the human
remains are Native American, notification of the
Native American Heritage Commission (NAHC)
is required, who shall appoint a Most Likely
Descendant (MLD) (PRC Section 5097.98). The
qualified archaeologist, project sponsor, and
MLD shall make all reasonable efforts to
develop an agreement for the treatment, with
appropriate dignity, of human remains and
associated or unassociated funerary objects
(CEQA Guidelines Section 15064.5(d). The
agreement shall incorporate ‘best practices’ as
identified by the state NAHC. A final report
shall be prepared by the project archaeologist in
consultation with the MLD and approved by the
City of East Palo Alto. Work on the project may
proceed upon City approval.
Project applicant
and contractors
During
construction
Oversight of
implementation by
the City’s Planning
Division and
Building Division
Coroner will notify the NAHC
to identify the MLD
The City of East Palo Alto (in
consultation with the MLD) will
then develop and implement a
plan for treatment, study, and
reinternment of the remains.
When
resources are
encountered
GEOLOGY AND SOILS
MM GEO-6.1: If paleontological resources are
encountered during grading or excavation, all
construction activities within 50 feet shall stop
and the City of East Palo Alto Director of
Community and Economic Development shall be
notified. A qualified paleontologist shall inspect
the findings within 48 hours of discovery. If it is
determined that the proposed development could
damage unique paleontological resources,
mitigation shall be implemented in accordance
with Public Resources Code Section 21083.2 and
Section 15126.4 of the CEQA Guidelines.
Project applicant
and contractors
During
construction
Oversight of
implementation by
the City’s Planning
Division and
Building Division
Await notification from project
applicant if paleontological
resources are encountered during
grading or excavation
Determine appropriate
mitigation and/or data recovery
When
resources are
encountered
University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 10 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency Possible mitigation under Public Resources Code
Section 21083.2 requires that reasonable efforts
be made for resources to be preserved in place or
left undisturbed. If preservation in place is not
feasible (e.g., planning construction activities to
avoid paleontological sites, incorporating sites
into parks and other open spaces, covering sites
with stable soils, and deeding the site into a
permanent conservation easement) data recovery
through excavation shall be conducted by a
qualified paleontologist with a data recovery
plan in place.
if necessary
NOISE AND VIBRATION
MM NOI-1.1: The project applicant shall
prepare a construction noise logistics plan for
review and approval by the Department of Public
Works prior to issuance of grading and/or
demolition permits on the project. The
construction noise logistics plan shall include,
but not be limited to, the following measures to
reduce construction noise to less than significant
levels:
• Limit construction activity to weekdays
between 7:00 a.m. and 7:00 p.m.1 and
Saturdays between 9:00 a.m. and 7:00
p.m. Prohibit construction on Sundays
and holidays;
• Utilize "quiet" models of air
compressors and other stationary noise
sources where such technology exists;
• Equip all internal combustion engineProject applicant and contractors
Prior to issuance
of grading and/or
demolition
permits
Oversight of
implementation by
the City’s Planning
Division and
Building Division
Review and verify construction
noise logistics plan includes
required measures to reduce
construction noise logistics plan
to less than significant levels.
All measures will be printed on
the project plans prior to
issuance of permits.
Review mechanical noise report
to verify proposed mechanical
equipment would not exceed the
City’s 55 dBA L50 daytime
exterior limit and 50 dBA L50
nighttime exterior limit at the
Once at
approval and as
needed during
construction
1 Excepting haul and truck deliveries between 7:00 and 10:00 pm.
University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 11 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency driven equipment with mufflers, which
are in good condition and appropriate for
the equipment;
• Locate all stationary noise-generating
equipment, such as air compressors and
portable power generators, as far away
as possible from adjacent land uses;
• Locate staging areas and construction
material areas as far away as possible
from adjacent land uses;
• Prohibit all unnecessary idling of
internal combustion engines;
• Construct solid eight- to 10-foot-tall
plywood fences along the construction
site boundaries with direct line-of-sight
to noise-sensitive receptors.
Constructing temporary noise barrier
fences to shield these receptors would
provide a five dBA noise reduction if the
noise barrier interrupts the line-of-sight
between the noise source and receptor
and if the barrier is constructed in a
manner that eliminates any cracks or
gaps.
• Where feasible, limit the quantity of
equipment operating simultaneously to
10 pieces of equipment or less.
• The applicant shall designate a
“disturbance coordinator” who would be
responsible for responding to local
complaints about construction noise. The
disturbance coordinator will determine
the cause of the noise complaint (e.g.,
starting too early, bad muffler, etc.) and
will require that reasonable measures
nearest residential property lines
or specific noise reduction
measures would be applied to
comply with the City’s exterior
noise limits.
University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 12 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency warranted to correct the problem are
implemented.
• Conspicuously post a telephone number
for the disturbance coordinator at the
construction site and include it in the
notice sent to neighbors regarding the
construction.
In addition, to reduce noise levels at nearby
residential uses from non-exempt construction
activities to a less than significant level between
the hours of 7:00 p.m. and 10:00 p.m., the
following measures shall be implemented by the
project:
• Prohibit use of noise-generating
equipment outdoors between 7:00 p.m.
and 10:00 p.m.
• Limit construction activity during the
hours of 7:00 a.m. to 7:00 p.m. to truck
loading and unloading activities only.
• Limit the number of truck deliveries to
two trucks an hour between the hours of
7:00 p.m. and 10:00 p.m.
• Prohibit truck travel routes along
Manhattan Avenue between the hours of
7:00 p.m. and 10:00 p.m.
MM NOI-1.2: Prior to issuance of building
permits, project mechanical equipment shall be
selected and designed to reduce impacts on
surrounding uses and meet the City’s exterior
and interior noise level requirements. A qualified
acoustical consultant shall be retained by the
project applicant to review mechanical noise as
the equipment systems are selected to determine
As needed
during
construction
Once at
approval and as
needed during
construction
University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 13 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency specific noise reduction measures necessary to
reduce noise to comply with the City’s 55 dBA
L50 daytime exterior limit and 50 dBA L50
nighttime exterior limit at the nearest residential
property lines. Noise reduction measures could
include, but are not limited to, selection of
equipment that emits low noise levels and/or
installation of noise barriers, such as enclosures
and parapet walls to block the line-of-sight
between the noise receptors. Alternate measures
may include locating equipment in less noisesensitive areas.
NOI-2.1: The proposed project shall incorporate
the following measures during project
construction:
• Limit vibration-inducing equipment.
• Use of the heavy vibration-generating
construction equipment shall be prohibited
within 20 feet of existing on-site buildings.
• Use of smaller equipment to minimize
vibration levels below the limits near
existing on-site buildings shall be required.
• Modify/design or identify alternative
construction methods to reduce vibration
levels below the limits.
• Avoid dropping heavy objects or materials.
Project applicant
and contractors
During
construction
Oversight of
implementation by
the City’s Planning
Division and
Building Division
All measures will be printed on
the project plans prior to
issuance of permits.
Once at
approval and as
needed during
construction
TRANSPORTATION AND TRAFFIC
MM TRA-1.1: Prior to issuance of grading
and/or demolition permits for the project, the
project applicant shall develop and submit to the
Director of Community Development for review
Project applicant Prior to issuance
of grading or
building permit
Oversight of
implementation by
the City’s Planning
Division and
Review enhanced TDM program
and verify that required
measures are implemented.
Once, prior to
issuance of
grading or
building permit
University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 14 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency and approval an enhanced TDM program
demonstrates a reduction in project VMT to 15
percent below the Citywide average home-based
work trip VMT.2 The enhanced TDM program
shall include the following measures:
• Expand University Circle Caltrain
shuttle to meet more trains before 7 a.m.,
between 10 a.m. and 12 p.m., and after
6:30 p.m.,3
• Add a University Circle last-mile4
shuttle connection for Dumbarton
Express riders,
• Provide transit subsidies,
• Provide vanpool subsidies, and/or
• Provide commuter cash allowances.
Building Division
Source: City of East Palo Alto. University Circle Phase II Office Project Final EIR. March 2022. 2 Chapter 10.32 of the Municipal Code was amended on June 1, 2021 requiring nonresidential developments approved after January 1, 2022, to achieve a 40 percent reduction in daily vehicle trips.
3 Consistent with the findings of the 2019 UC Commute Survey as shown in Appendix H to the EIR, expansion of shuttle service during these hours would better serve the over 20% of respondents who arrive at the UC Campus before 7 AM or after 10 AM and about 14% who leave after 6:30 PM, which are outside the existing shuttle hours. 4 Last mile refers to the beginning or end of an individual trip made primarily by public transportation. Source: Intelligent Mobility Xperience. “The first and last-mile: the problem and the solution.” Accessed March 25, 2021. https://www.intelligent-mobility-xperience.com/the-first-and-last-mile-the-problem-and-the-solutions-a-917862/