PLANNING & DEVELOPMENT SERVICES
250 Hamilton Avenue, 5th Floor
Palo Alto, CA 94301
(650) 329-2441
CITY OF PALO ALTO | 250 HAMILTON AVENUE, PALO ALTO, CA. 94301 | 650-329-2441 March 28, 2022
Kelly Beggs, Contract Project Planner
City of East Palo Alto
1960 Tate St
East Palo Alto, CA 94303
Dear Kelly Beggs, Contract Project Planner, and City of East Palo Alto, Thank you for the opportunity to comment on the Final Environmental Impact Report (FEIR) for the University Circle II project (SCH 2020060144), as well as the proposed conditions of approval for the project.
The City previously identified concerns regarding the project in letters prepared in response to the project Notice of Preparation and the Draft Environmental Impact Report (DEIR). These letters and concerns are incorporated by reference.
With respect to the most recently released staff report for the March 28, 2022 East Palo Alto Planning Commission meeting, as well as associated CEQA documents, the City of Palo Alto is forwarding the following unresolved concerns for consideration by the City of East Palo Alto Planning Commission.
The comments below pertain to the information contained within or missing from the FEIR, as well as items for further consideration in the staff report and any draft conditions of approval for the proposed project.
Noise and Vibration
The City of Palo Alto appreciates the new Figure 6 in the FEIR Appendix B and DEIR Appendix F. The City sees proposed mitigation measures and conditions of approval associated with the potential for noise impacts related to project construction. The City also understands that the proposed hours of construction for the project is subject to a further discretionary approval by the Planning Commission.
The City understands that any approved hours of construction for the project directly influences the duration of project construction, currently estimated at approximately 36 months with an approval of extended construction hours.
DocuSign Envelope ID: 4AF81B8C-0078-4D4B-831B-3BC6EEA4C42B 2 Request for Regular Permitted Construction Hours. The FEIR states that approval by the Planning Commission is required for an exception to the permitted construction hours. The FEIR states that if extended construction hours are not approved, construction is expected to be extended by three months. Therefore, the City requests that the City of East Palo Alto Planning Commission not approve an exception to the permitted construction hours, which the FEIR states as a limitation of construction activity to the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays with no construction activity allowed on Sundays or national holidays.
Request for Additional Items in Construction Noise Logistics Plan. The City notes that the items to be included in a construction noise logistics plan were not limited to the measures listed in the MMRP or draft conditions of approval. The City requests further inclusion of additional items into the conditions of approval for the plan, including incorporation of the following:
• Clear prohibition of pile driving or use of equipment not evaluated in the DEIR/FEIR, • Limitations on the height from which materials would be dropped onto trucks, • Beeping and other notification sounds from equipment (such as scissor lifts) and vehicle backup beepers can be allowed to be disabled or quieted on construction sites (especially after daytime construction hours) through risk management training, crew safety training, and other protocols (which was especially helpful on sites near residential uses and creeks wherein sound carries extensively),
• Clear inclusion of the approved construction hours and construction activities allowed at different times of day as noted in the stated project description, including:
o Construction activities involving use of heavy equipment would occur between 7:00 a.m. and 4:00 p.m.
o During project demolition and excavation activities, trucks would be loaded with demolition materials and soil between 7:00 a.m. and 4:00 p.m. o If approved, the City of East Palo should have the authority to terminate any extended construction hours if noise generated from this late activity is found to be disruptive to surrounding neighborhoods.
• Moreover, the City requests East Palo Alto include a condition to reserve the right to install noise meters near land uses sensitive to noise, including land uses in Palo Alto, at the applicant’s expense and supplemental noise consultant analysis to determine if noise violations are occurring and to identify ways to address such impacts.
Clarifications in DEIR/FEIR. Notwithstanding the requests above, the City requests the following clarifications regarding the FEIR and MMRP to fully evaluate the anticipated noise from the project prior to the City of East Palo Alto action on certification of CEQA environmental documents for the project:
• Table 8 of FEIR Appendix B and Draft EIR Appendix F says that project construction would result in noise levels that would exceed ambient levels by more than 5 dBA for more than one year and would have noise levels beyond those allowable during daytime hours shown in the clarified Table 4. It is currently unclear if the estimated hourly average of 73-78 dBA anticipated during project construction south of the project site would occur after all proposed mitigations in Mitigation Measure NOI-1.1 were incorporated into the project, or if this noise estimate is prior to the incorporation of mitigation measures, as the effectiveness of the noise barrier was not evaluated in the FEIR Appendix B and Draft EIR Appendix F. Currently, it appears that a potential impact might remain significant at least for some hours of the day proposed for construction.
DocuSign Envelope ID: 4AF81B8C-0078-4D4B-831B-3BC6EEA4C42B 3 • The FEIR appears to have a typo; the FEIR currently states that construction occurring between 4:00pm and 10:00pm would be exempt from the City of East Palo Alto's daytime threshold levels of 55 dBA at exterior residential property lines and 45 dBA in residential interiors. It is the City’s understanding from FEIR Appendix B and DEIR Appendix F that it is only within permitted standard construction hours that construction activities would be exempt, which the FEIR states as a limitation of construction activity to the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays with no construction activity allowed on Sundays or national holidays.
• The FEIR MMRP language is currently inconsistent with the Findings of Fact and the draft conditions of approval for the project regarding noise, as the MMRP calls for “…Limit construction activity during the hours of 7:00 a.m. to 7:00 p.m. to truck loading and unloading activities only” … and the Findings of Fact and conditions of approval have more clear, restrictive language indicating “Limit truck loading and unloading to the hours of 7:00 a.m. to 7:00 p.m.” … Transportation
The City of Palo Alto has concerns about the analysis of the project’s potential transportation impacts, including, but not limited to the following:
• Signal Monitoring Program. The DEIR/FEIR did not clarify the construction timeline for the proposed off-site improvements in the vicinity of the project site. The DEIR/FEIR stated that the existing + project condition will not have LOS impact at University Ave & Woodland Ave.
However, the cumulative + project condition would have a significant LOS impact on University Ave and Woodland Ave intersection. Palo Alto has a concern that this may extend the queuing for northbound thru traffic on University Ave. Palo Alto requests that East Palo Alto implement an annual or more frequent signal monitoring program to determine when the proposed off-site improvements are necessary to be triggered, between existing and cumulative + project conditions.
• University Avenue and Woodland Avenue Intersection Operations During Project Construction for Potential Signal Timing Adjustments. The DEIR/FEIR stated that a LOS impact would not trigger a significant impact for CEQA purposes. However, the City believes that the proposed project may impede the existing operation of the University Ave & Woodland Ave intersection.
Palo Alto requests incorporation of a condition of approval that provides a mechanism by which to evaluate operations at the University Ave & Woodland Ave intersection during project construction so that this information is available from which to make signal improvements to mitigate the construction traffic-related delays at this intersection. • Additional Signal Timing Adjustments. Northbound thru traffic queues on University Ave extend approximately 1700 feet to Lincoln Ave. The Traffic Impact Analysis did not evaluate any queuing impact on northbound University Ave traffic due to the proposed project. The City requests that East Palo Alto make signal timing adjustments and coordinate with the City of Palo Alto to address queuing concerns raised during construction or after completion of the project.
DocuSign Envelope ID: 4AF81B8C-0078-4D4B-831B-3BC6EEA4C42B 4 • Trip Counts at Project Driveways to Confirm TDM Compliance. The City supports the requirement of the TDM plan and periodic monitoring for the proposed project. However, it is unclear how the trip monitoring will be implemented for this project. The City recommends implementing a specific monitoring strategy to enforce compliance with the trip reduction targets. Therefore, the City requests incorporation of a condition of approval to require annual AM and PM peak hour trip counts at all project driveways to confirm TDM compliance via an independent transportation consulting firm. The project’s TDM monitoring report should be available online for public information.
• Intermediate Shuttle Stops. The FEIR stated that the applicant is evaluating the potential addition of intermediate shuttle stops between the Palo Alto transit center and the project site.
The project’s consideration of implementing intermediate shuttle stops should be mentioned in the COA and TDM plan. The City strongly supports the addition of intermediate stops to access local services and to allow both employees and residents to use the shuttle service.
Should you have any questions regarding these comments, please contact Rebecca Atkinson at (650) 329-2596 or [email protected] or Jonathan Lait at [email protected].
Regards,
Jonathan Lait, Director of Planning & Development Services DocuSign Envelope ID: 4AF81B8C-0078-4D4B-831B-3BC6EEA4C42B Plan Review Team
Land Management
[email protected]
PG&E Gas and Electric Facilities Page 1
March 28, 2022
Kelly Beggs
City of East Palo Alto
1960 Tate St
East Palo Alto, CA 94303
Ref: Gas and Electric Transmission and Distribution
Dear Kelly Beggs,
Thank you for submitting the University Circle Phase II plans for our review. PG&E will review the submitted plans in relationship to any existing Gas and Electric facilities within the project area. If the proposed project is adjacent/or within PG&E owned property and/or easements, we will be working with you to ensure compatible uses and activities near our facilities.
Attached you will find information and requirements as it relates to Gas facilities (Attachment 1) and Electric facilities (Attachment 2). Please review these in detail, as it is critical to ensure your safety and to protect PG&E’s facilities and its existing rights.
Below is additional information for your review:
1. This plan review process does not replace the application process for PG&E gas or electric service your project may require. For these requests, please continue to work with PG&E Service Planning: https://www.pge.com/en_US/business/services/buildingand-renovation/overview/overview.page.
2. If the project being submitted is part of a larger project, please include the entire scope of your project, and not just a portion of it. PG&E’s facilities are to be incorporated within any CEQA document. PG&E needs to verify that the CEQA document will identify any required future PG&E services.
3. An engineering deposit may be required to review plans for a project depending on the size, scope, and location of the project and as it relates to any rearrangement or new installation of PG&E facilities.
Any proposed uses within the PG&E fee strip and/or easement, may include a California Public Utility Commission (CPUC) Section 851 filing. This requires the CPUC to render approval for a conveyance of rights for specific uses on PG&E’s fee strip or easement. PG&E will advise if the necessity to incorporate a CPUC Section 851filing is required.
This letter does not constitute PG&E’s consent to use any portion of its easement for any purpose not previously conveyed. PG&E will provide a project specific response as required.
Sincerely,
Plan Review Team
Land Management
PG&E Gas and Electric Facilities Page 2
Attachment 1 – Gas Facilities
There could be gas transmission pipelines in this area which would be considered critical facilities for PG&E and a high priority subsurface installation under California law. Care must be taken to ensure safety and accessibility. So, please ensure that if PG&E approves work near gas transmission pipelines it is done in adherence with the below stipulations. Additionally, the following link provides additional information regarding legal requirements under California excavation laws: https://www.usanorth811.org/images/pdfs/CA-LAW-2018.pdf
1. Standby Inspection: A PG&E Gas Transmission Standby Inspector must be present during any demolition or construction activity that comes within 10 feet of the gas pipeline. This includes all grading, trenching, substructure depth verifications (potholes), asphalt or concrete demolition/removal, removal of trees, signs, light poles, etc. This inspection can be coordinated through the Underground Service Alert (USA) service at 811. A minimum notice of 48 hours is required. Ensure the USA markings and notifications are maintained throughout the duration of your work.
2. Access: At any time, PG&E may need to access, excavate, and perform work on the gas pipeline. Any construction equipment, materials, or spoils may need to be removed upon notice.
Any temporary construction fencing installed within PG&E’s easement would also need to be capable of being removed at any time upon notice. Any plans to cut temporary slopes exceeding a 1:4 grade within 10 feet of a gas transmission pipeline need to be approved by PG&E Pipeline Services in writing PRIOR to performing the work.
3. Wheel Loads: To prevent damage to the buried gas pipeline, there are weight limits that must be enforced whenever any equipment gets within 10 feet of traversing the pipe.
Ensure a list of the axle weights of all equipment being used is available for PG&E’s Standby Inspector. To confirm the depth of cover, the pipeline may need to be potholed by hand in a few areas.
Due to the complex variability of tracked equipment, vibratory compaction equipment, and cranes, PG&E must evaluate those items on a case-by-case basis prior to use over the gas pipeline (provide a list of any proposed equipment of this type noting model numbers and specific attachments).
No equipment may be set up over the gas pipeline while operating. Ensure crane outriggers are at least 10 feet from the centerline of the gas pipeline. Transport trucks must not be parked over the gas pipeline while being loaded or unloaded.
4. Grading: PG&E requires a minimum of 36 inches of cover over gas pipelines (or existing grade if less) and a maximum of 7 feet of cover at all locations. The graded surface cannot exceed a cross slope of 1:4.
5. Excavating: Any digging within 2 feet of a gas pipeline must be dug by hand. Note that while the minimum clearance is only 12 inches, any excavation work within 24 inches of the edge of a pipeline must be done with hand tools. So to avoid having to dig a trench entirely with hand tools, the edge of the trench must be over 24 inches away. (Doing the math for a 24 inch PG&E Gas and Electric Facilities Page 3
wide trench being dug along a 36 inch pipeline, the centerline of the trench would need to be at least 54 inches [24/2 + 24 + 36/2 = 54] away, or be entirely dug by hand.) Water jetting to assist vacuum excavating must be limited to 1000 psig and directed at a 40° angle to the pipe. All pile driving must be kept a minimum of 3 feet away.
Any plans to expose and support a PG&E gas transmission pipeline across an open excavation need to be approved by PG&E Pipeline Services in writing PRIOR to performing the work.
6. Boring/Trenchless Installations: PG&E Pipeline Services must review and approve all plans to bore across or parallel to (within 10 feet) a gas transmission pipeline. There are stringent criteria to pothole the gas transmission facility at regular intervals for all parallel bore installations.
For bore paths that cross gas transmission pipelines perpendicularly, the pipeline must be potholed a minimum of 2 feet in the horizontal direction of the bore path and a minimum of 12 inches in the vertical direction from the bottom of the pipe with minimum clearances measured from the edge of the pipe in both directions. Standby personnel must watch the locator trace (and every ream pass) the path of the bore as it approaches the pipeline and visually monitor the pothole (with the exposed transmission pipe) as the bore traverses the pipeline to ensure adequate clearance with the pipeline. The pothole width must account for the inaccuracy of the locating equipment.
7. Substructures: All utility crossings of a gas pipeline should be made as close to perpendicular as feasible (90° +/- 15°). All utility lines crossing the gas pipeline must have a minimum of 12 inches of separation from the gas pipeline. Parallel utilities, pole bases, water line ‘kicker blocks’, storm drain inlets, water meters, valves, back pressure devices or other utility substructures are not allowed in the PG&E gas pipeline easement.
If previously retired PG&E facilities are in conflict with proposed substructures, PG&E must verify they are safe prior to removal. This includes verification testing of the contents of the facilities, as well as environmental testing of the coating and internal surfaces. Timelines for PG&E completion of this verification will vary depending on the type and location of facilities in conflict.
8. Structures: No structures are to be built within the PG&E gas pipeline easement. This includes buildings, retaining walls, fences, decks, patios, carports, septic tanks, storage sheds, tanks, loading ramps, or any structure that could limit PG&E’s ability to access its facilities.
9. Fencing: Permanent fencing is not allowed within PG&E easements except for perpendicular crossings which must include a 16 foot wide gate for vehicular access. Gates will be secured with PG&E corporation locks.
10. Landscaping: Landscaping must be designed to allow PG&E to access the pipeline for maintenance and not interfere with pipeline coatings or other cathodic protection systems. No trees, shrubs, brush, vines, and other vegetation may be planted within the easement area.
Only those plants, ground covers, grasses, flowers, and low-growing plants that grow unsupported to a maximum of four feet (4’) in height at maturity may be planted within the easement area.
PG&E Gas and Electric Facilities Page 4
11. Cathodic Protection: PG&E pipelines are protected from corrosion with an “Impressed Current” cathodic protection system. Any proposed facilities, such as metal conduit, pipes, service lines, ground rods, anodes, wires, etc. that might affect the pipeline cathodic protection system must be reviewed and approved by PG&E Corrosion Engineering.
12. Pipeline Marker Signs: PG&E needs to maintain pipeline marker signs for gas transmission pipelines in order to ensure public awareness of the presence of the pipelines.
With prior written approval from PG&E Pipeline Services, an existing PG&E pipeline marker sign that is in direct conflict with proposed developments may be temporarily relocated to accommodate construction work. The pipeline marker must be moved back once construction is complete.
13. PG&E is also the provider of distribution facilities throughout many of the areas within the state of California. Therefore, any plans that impact PG&E’s facilities must be reviewed and approved by PG&E to ensure that no impact occurs which may endanger the safe operation of its facilities.
PG&E Gas and Electric Facilities Page 5
Attachment 2 – Electric Facilities
It is PG&E’s policy to permit certain uses on a case by case basis within its electric transmission fee strip(s) and/or easement(s) provided such uses and manner in which they are exercised, will not interfere with PG&E’s rights or endanger its facilities. Some examples/restrictions are as follows:
1. Buildings and Other Structures: No buildings or other structures including the foot print and eave of any buildings, swimming pools, wells or similar structures will be permitted within fee strip(s) and/or easement(s) areas. PG&E’s transmission easement shall be designated on subdivision/parcel maps as “RESTRICTED USE AREA – NO BUILDING.”
2. Grading: Cuts, trenches or excavations may not be made within 25 feet of our towers.
Developers must submit grading plans and site development plans (including geotechnical reports if applicable), signed and dated, for PG&E’s review. PG&E engineers must review grade changes in the vicinity of our towers. No fills will be allowed which would impair ground-toconductor clearances. Towers shall not be left on mounds without adequate road access to base of tower or structure.
3. Fences: Walls, fences, and other structures must be installed at locations that do not affect the safe operation of PG&’s facilities. Heavy equipment access to our facilities must be maintained at all times. Metal fences are to be grounded to PG&E specifications. No wall, fence or other like structure is to be installed within 10 feet of tower footings and unrestricted access must be maintained from a tower structure to the nearest street. Walls, fences and other structures proposed along or within the fee strip(s) and/or easement(s) will require PG&E review; submit plans to PG&E Centralized Review Team for review and comment.
4. Landscaping: Vegetation may be allowed; subject to review of plans. On overhead electric transmission fee strip(s) and/or easement(s), trees and shrubs are limited to those varieties that do not exceed 10 feet in height at maturity. PG&E must have access to its facilities at all times, including access by heavy equipment. No planting is to occur within the footprint of the tower legs. Greenbelts are encouraged.
5. Reservoirs, Sumps, Drainage Basins, and Ponds: Prohibited within PG&E’s fee strip(s) and/or easement(s) for electric transmission lines.
6. Automobile Parking: Short term parking of movable passenger vehicles and light trucks (pickups, vans, etc.) is allowed. The lighting within these parking areas will need to be reviewed by PG&E; approval will be on a case by case basis. Heavy equipment access to PG&E facilities is to be maintained at all times. Parking is to clear PG&E structures by at least 10 feet.
Protection of PG&E facilities from vehicular traffic is to be provided at developer’s expense AND to PG&E specifications. Blocked-up vehicles are not allowed. Carports, canopies, or awnings are not allowed.
7. Storage of Flammable, Explosive or Corrosive Materials: There shall be no storage of fuel or combustibles and no fueling of vehicles within PG&E’s easement. No trash bins or incinerators are allowed.
PG&E Gas and Electric Facilities Page 6
8. Streets and Roads: Access to facilities must be maintained at all times. Street lights may be allowed in the fee strip(s) and/or easement(s) but in all cases must be reviewed by PG&E for proper clearance. Roads and utilities should cross the transmission easement as nearly at right angles as possible. Road intersections will not be allowed within the transmission easement.
9. Pipelines: Pipelines may be allowed provided crossings are held to a minimum and to be as nearly perpendicular as possible. Pipelines within 25 feet of PG&E structures require review by PG&E. Sprinklers systems may be allowed; subject to review. Leach fields and septic tanks are not allowed. Construction plans must be submitted to PG&E for review and approval prior to the commencement of any construction.
10. Signs: Signs are not allowed except in rare cases subject to individual review by PG&E.
11. Recreation Areas: Playgrounds, parks, tennis courts, basketball courts, barbecue and light trucks (pickups, vans, etc.) may be allowed; subject to review of plans. Heavy equipment access to PG&E facilities is to be maintained at all times. Parking is to clear PG&E structures by at least 10 feet. Protection of PG&E facilities from vehicular traffic is to be provided at developer’s expense AND to PG&E specifications.
12. Construction Activity: Since construction activity will take place near PG&E’s overhead electric lines, please be advised it is the contractor’s responsibility to be aware of, and observe the minimum clearances for both workers and equipment operating near high voltage electric lines set out in the High-Voltage Electrical Safety Orders of the California Division of Industrial Safety (https://www.dir.ca.gov/Title8/sb5g2.html), as well as any other safety regulations.
Contractors shall comply with California Public Utilities Commission General Order 95 (http://www.cpuc.ca.gov/gos/GO95/go_95_startup_page.html) and all other safety rules. No construction may occur within 25 feet of PG&E’s towers. All excavation activities may only commence after 811 protocols has been followed.
Contractor shall ensure the protection of PG&E’s towers and poles from vehicular damage by (installing protective barriers) Plans for protection barriers must be approved by PG&E prior to construction.
13. PG&E is also the owner of distribution facilities throughout many of the areas within the state of California. Therefore, any plans that impact PG&E’s facilities must be reviewed and approved by PG&E to ensure that no impact occurs that may endanger the safe and reliable operation of its facilities.