Resolution, Required Findings and Conditions of Approval — East Palo Alto City Council, May 3, 2022

RESOLUTION NO. CC 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT (FEIR); ADOPTING THE MITIGATION MONITORING AND REPORTING PLAN (MMRP); DIRECTING THE

COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR TO FILE A NOTICE OF DETERMINATION; APPROVING A DESIGN REVIEW PERMIT AND CONDITIONAL USE PERMIT FOR AN OFFICE PROJECT AT 1900-2050 UNIVERSITY AVENUE (UNIVERSITY CIRCLE PHASE II) AND APPROVING A PEDESTRIAN LICENSE AGREEMENT.

WHEREAS, the application for Design Review Permit (DR19-019) and Conditional Use Permit (CUP22-001) submitted by Seven Bridges Properties (“Seven Bridges”) pertains to an approximately 11.84-acre project site generally located at 1900-2050 University Circle, East Palo Alto, CA; and
WHEREAS, Seven Bridges proposes construction of a commercial building containing approximately 180,000 square feet of office space, a six-story structure with approximately 484 parking spaces in a below grade garage and 12 new surface parking spaces, and approximately 2,940 square feet of community function space; and
WHEREAS, on November 5, 2021, the City issued a Notice of Availability of the Draft Environmental Impact Report (DEIR) and received five comment letters during the 45-day public comment period which ended on December 20, 2021; and WHEREAS, a Final Environmental Impact Report (FEIR) has been prepared in accordance with Section 15132 of the California Environmental Quality Act (CEQA) Guidelines and the Planning Commission has reviewed the FEIR and the comments received during the public review period; and
WHEREAS, in accordance with Section 15090 of the CEQA Guidelines, the FEIR has been presented to the decision-making body and the document reflects the lead agency’s independent judgment and analysis; and WHEREAS, General Plan Land Use Element Goal 2 encourages the City to revitalize the City’s non-residential areas to diversify the tax base and improve the jobs-housing balance; and
WHEREAS, General Plan Land Use Element Goal 2.1 allows for the intensification of the University Circle project to include additional office space; and WHEREAS, the project is consistent with the development standards and permitted uses in the City’s Municipal Code; and
WHEREAS, Section 65864 et. seq. of the California Government Code and Chapter 18.108 of the East Palo Alto Municipal Code authorize the City to enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of that property; and
WHEREAS, the ordinance for a Development Agreement is being presented to City Council concurrently;
WHEREAS, on March 28, 2022, the Planning Commission held a duly noticed public hearing on the Design Review (DR 19-019) and Conditional Use (CUP22-001) Permits, Environmental Impact Report (EIR), and other project entitlements (“Project”) and continued the matter to April 4, 2022; and
WHEREAS, on April 4, 2022, the Planning Commission held a duly noticed public hearing on the Project and recommended the City Council approve the project by Resolution #____; and
WHEREAS, on May 3, 2022, the City Council held a duly noticed public hearing on the Project;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAST PALO THAT IT:

1. Approves the Design Review Permit (DR19-019) and Conditional Use Permit (CUP22- 001) based on the findings, requirements and conditions of approval (Attachment A) incorporated by reference; and

2. Certifies that the University Circle Phase II Final Environmental Impact Report (SCH# 2020060144) on file with the City Clerk has been prepared in compliancewith the California Environmental Quality Act (CEQA);

3. Adopts a Mitigation, Monitoring and Reporting Plan (Attachment B) pursuant to Public Resources Code 21000 and the CEQAGuidelines (California Code of Regulations, Title 14, Section 15000);

4. Directs the Community and Economic Development Director to File a Notice of Determination within five working days of adoption pursuant to Section15075 of the CEQA Guidelines;

5. Authorizes the City Manager to execute a Pedestrian Access License Agreement (Attachment C) for the University Circle Site.

ADOPTED on this 3rd day of May 2022, by the following vote:

AYES:

NOES:

ABSENT: ABSTAIN:

SIGNED:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin
Acting City Clerk
Valerie J. Armento
Interim City Attorney
ATTACHMENT A: REQUIRED FINDINGS AND CONDITIONS OF APPROVAL

CITY OF EAST PALO ALTO PLANNING DIVISION
1960 TATE STREET CITY OF EAST PALO ALTO, CA 94303

FINDINGS OF FACT
Required Findings for Approval.

The Review Authority may approve, conditionally approve, or deny the Conditional Use Permit, Site Plan and Design Review, and Development Agreement applications only after firstmaking all of the following findings.

Site Plan and Design Review Findings (EPAMC Sec. 10.86.050) The proposed development is consistent with the General Plan and any applicable specific plan and is in compliance with all applicable provisions of the Development Code and all other City ordinances and regulations;
This finding can be made because the proposed office use is permitted in the General Plan’s Office (OC) Land Use Designation and within the Commercial Office (C-O) zoning district. The purpose of the Office designation is to diversify the job and economic base of the City of East Palo Alto and to provide the opportunity for more residents to work in the City. As described in the Fiscal Impact Analysis, the project would provide job opportunities for residents and diversify the job and economic base of the City. The project is also consistent with the Westside Area Plan, which allows the University Circle project to add development over time provided the site is better integrated with the community and that future development provides community benefits. Further, the proposed project meets all applicable provisions of the Development Code and City ordinances and regulations, with the inclusion of a Conditional Use Permit (CUP) for reduced parking.

The proposed development is to be constructed on a suitable site, adequate in shape, size, topography, and other circumstances to accommodate the proposed development; This finding can be made because the project site is located in a developed area of the city for a use allowed in the General Plan and in the Development Code. The project site is approximately 11.84 acres in size and is fully accessible by city streets including Woodland and Manhattan Avenues. The site is fully served by public services and utilities and would incorporate a 186,000-gallon fire water tank and pump within the below-grade parking garage with capacity to serve the proposed project and offset existing deficiencies in the municipal fire flow for the Westside area. The proposed project was designed to meet all development standards, such as setbacks, height, and lot coverage. The General Plan identifies University Avenue as a major thoroughfare and Woodland and Manhattan Avenues as connector streets, all of which are intended to be main routes to provide access to a variety of uses throughout the City. As noted in the project’s traffic study, the project would be required to make fair share contributions to improve nearby intersection function.

The proposed development complies with the applicable standards of review; This finding can be made because the project was designed to comply with the Development Code required processes, which includes a Design Review and Conditional Use Permit (CUP) for reduced parking. The findings can be made for the CUP as described below. The project was designed to meet all requirements of the C-O zoning district, such as setbacks and is below the C-O district’s floor area maximum. A CUP is proposed to allow an exception to the required parking, as allowed under the Development Code provisions.

The proposed development is designed and arranged to provide adequate consideration to ensure the public health, safety, and general welfare, and to prevent adverse effects on neighboring property
This finding can be made because the project was designed to ensure public health, safety and general welfare. The project site, 1900, 1950, 2000 and 2050 University Circle, comprises approximately 11.84 acres of land bounded by US 101 to the north, University Avenue to the east, Woodland Avenue to the south, and Manhattan Avenue to the west. A variety of 2-3 story multiplefamily uses lie to the east and west of the project site, and San Francisquito Creek and the City of Palo Alto lie to the South. An application for a 605-unit mixed-use multiple-family residential project (the Woodland Park Euclid Improvements Project) located immediately across Manhattan Avenue from the project site is under review by the City. The proposed office has been designed to be compatible with the C-O zoning district, and mitigation measures identified in the EIR and Mitigation Monitoring and Reporting Program prepared for the project are incorporated to avoid potential environmental effects. The project includes appropriate project setbacks, circulation and landscaping, as well as the appropriate screening for loading, parking and mechanical equipment.

Parking Reduction CUP Findings (EPAMC Sec. 18.88.060)
The proposed use is consistent with the General Plan and any applicable specific plan; This finding can be made because the proposed office use is permitted in the General Plan’s Office Land Use Designation. The purpose of the Office designation is to diversify the job and economic base of the City of East Palo Alto and to provide the opportunity for more residents to work in the City.

The proposed use is allowed within the subject zone and complies with all other applicable provisions of the Development Code and the Municipal Code; The proposed office use is a permitted use within the Commercial Office zoning district. This finding can be made because the project as designed meets all development standards, with the inclusion of a Conditional Use Permit for reduced parking.

The design, location, size, and operating characteristics of the proposed use are compatible with the allowed uses in the vicinity, as detailed in the General Plan or any applicable Specific Plan;
The design, location, size and operation of the proposed office use, inclusive of the Conditional Use Permit for reduced parking, are compatible with the allowed uses in the vicinity because the office use has been designed to meet all development standards. The proposed building meets all setback and floor area requirements, and the site plan increases pedestrian access throughout the site. The project provides sufficient parking supply and extensive landscaping improvements. The project was designed to be compatible with the zoning district and adjacent properties, and the proposed office use is permitted in the General Plan’s Office Land Use Designation
Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use; and This finding can be made because the proposed office has been designed to be compatible with the C-O zoning district and would be required to receive a building permit. Further, hazards and environmental impacts have been evaluated in the project EIR and mitigated to less-than significant levels via the measures identified in the Mitigation Monitoring and Reporting Program.

The subject site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate.

This finding can be made because the project site is located in a developed area of the city for a use that is allowed in the General Plan and in the Development Code. The project site is approximately 11.84 acres in size and is located adjacent to University Avenue, Woodland Avenue, and Manhattan Avenue. The site is fully served by public services and utilities and is fully accessible by city streets. The General Plan identifies University Avenue as a major thoroughfare and Woodland and Manhattan Avenues as connector streets, all of which are intended to be main routes to provide access to a variety of uses throughout the City. As noted in the project’s traffic study, the project would be required to make fair share contributions to improve intersection capacity.

Additional Conditions for Parking Reduction CUP (EPAMC 18.30.100): The applicant has provided sufficient data, including a parking study if required by the Director, to indicate parking demand will be less than the required number of spaces or that other parking is available; and a parking management plan shall be prepared.

The City’s traffic consultant (Hexagon) conducted a parking demand study for the existing office buildings using historical parking count data provided by the applicant to estimate future parking demand on-site with the proposed office building (refer to DEIR Appendix H for additional details). Parking demand for the existing office buildings was determined to be 891 spaces (25.4 percent lower than the parking spaces provided). This demand is attributable to existing TDM measures that have been implemented by the existing University Circle development, which would continue to be implemented with the proposed project.

The following TDM measures are currently implemented for the existing office buildings on-site:
• Free shuttle service to Palo Alto Caltrain Station during commute hours (30-minute headways)
• Free trial Caltrain tickets for new riders
• Free trial SamTrans tickets for new riders
• Bicycle amenities (on-site secure bicycle lockers and on-site bicycle repair stations with tools and air pumps)
• Preferential parking for carpools and vanpools
• Emergency ride home program (pending)
• Carpool ride matching services
• Carpool financial incentives for Scoop users
• Commute coordinator
• Communte.org carpool and vanpool incentives
• Commute.org Guaranteed Ride Home
• 511.org carpool rewards
• 511.org vanpool program
Further, Mitigation Measure TRA-1.1 requires that prior to issuance of grading and/or demolition permits for the project, the project applicant develops an enhanced TDM program, including 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.,
• Add a University Circle last-mile shuttle connection for Dumbarton Express riders, • Provide transit subsidies,
• Provide vanpool subsidies, and/or
• Provide commuter cash allowances.

A TDM Plan meeting the City’s new 40% trip reduction requirement is required by COA 30, and a Parking Management Plan is required by COA 38. Based on parking demand rates for the existing office buildings on-site, the proposed office building would have an estimated parking demand of 349 spaces at full occupancy, bringing the total estimated parking demand for the project site 1,240 parking spaces with implementation of the proposed project. Thus, the proposed parking supply with the project (1,600 spaces) would be adequate to accommodate the peak parking demand that would be generated by all four office buildings. Per Chapter 10.32 of the EPAMC, if the project’s TDM Plan failed to meet the forty percent (40%) trip reduction target, a penalty fee for the difference between the actual and trip reduction target would be assessed.

Additionally, the project would be subject to periodic audits to confirm compliance with the program.

Development Agreement Findings (EPAMC Sec. 18.108.030)
The development agreement is in the best interests of the City; This finding can be made because the development agreement includes significant community benefits with a term length of seven to twelve years (dependent on if an automatic extension is invoked). The community benefits are consistent with Westside Area Plan Policy 7.6, which calls for integrating University Circle into surrounding neighborhoods and Westside Area Plan Policy 8.4, which calls for new community meeting spaces. The community benefits outlined in the development agreement focus on enhancing pedestrian connectivity and access throughout the University Site through physical improvements, such as the Manhattan Avenue staircase, and through a license agreement which would provide the public with the right to traverse the site. The community function space would increase community meeting space on the Westside.

The development agreement is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan, any applicable specific plan, and the Development Code;
This finding can be made because the proposed office use is permitted in the General Plan’s Office (OC) Land Use Designation and within the Commercial Office zoning district.

The purpose of the Office designation is to diversify the job and economic base of the City of East Palo Alto and to provide the opportunity for more residents to work in the City. As described in the Fiscal Impact Analysis, the project would provide job opportunities for residents and diversify the job and economic base of the City. The project is also consistent with the Westside Area Plan, which allows for the University Circle project to add development over time provided that the site is better integrated with the community and that future development provides community benefits. Further, the proposed project meets all applicable provisions of the Development Code and City ordinances and regulations, with the inclusion of a Conditional Use Permit for reduced parking.

The development agreement will promote the public convenience, health, interest, safety and general welfare of the City;
This finding can be made because the project was designed to ensure public health, safety and general welfare. The project site, 1900, 1950, 2000 and 2050 University Circle, comprises approximately 11.84 acres of land bounded by US 101 to the north, University Avenue to the east, Woodland Avenue to the south, and Manhattan Avenue to the west. A variety of 2-3 story multiple-family uses lie to the east and west of the project site, and San Francisquito Creek and the City of Palo Alto lie to the South. The project includes appropriate project setbacks, circulation, and landscaping. The proposed office has been designed to be compatible with the C-O zoning district, and mitigation measures identified in the EIR and MMRP prepared for the project are incorporated to avoid potential environmental effects related to public health and safety.

The project will be compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is located; This finding can be made because the proposed office use is permitted in the General Plan’s Office (OC) Land Use Designation and within the Commercial Office zoning district.

The project site, 1900, 1950, 2000 and 2050 University Circle, comprises approximately

11.84 acres of land and is occupied with 3 existing office buildings and a hotel. Therefore, the proposed office building will be compatible with the other authorized office uses in the University Circle complex and in the C-O Zone.

The project will not adversely affect the orderly development of property or the preservation of property values;
This finding can be made as the project is consistent with both the General Plan and the Development Code, which plan for and regulate the development of property and set forth property value expectations. The General Plan provides a comprehensive framework for the physical development of the city through 2035 and highlights the University Circle site as one of the primary areas within the city suitable for future office development. Further, the General Plan includes specific policies to direct future development at the University Circle site. Land Use Policy 2.7, University Circle, for example, calls for intensification of either office or hotel uses at the site consistent with the established planning and legal framework.

The project will further important Citywide goals and policies that have been officially recognized by the Council; and
This finding can be made because the proposed project is consistent with General Plan Economic Development Goal ED-1 to grow and stabilize revenue-generating land uses and tools to diversify and expand the City’s tax revenue base and provide jobs for local residents. As described in the project’s Fiscal Impact Assessment, the project would result in an estimated revenues in excess of the estimated annual expenditures. The project will also provide community benefits specifically identified in the General Plan and Westside Area Plan. General Plan Policy 7.6 calls for integrating University Circle into surrounding neighborhoods and General Plan Policy 8.4 calls for new community meeting spaces. The project’s community benefits are specifically consistent with those policies.

The project will provide the City with important, tangible benefits beyond those that may be required by the City through project conditions of approval This finding can be made because the proposed project will provide important and tangible benefits including a community function space, public art, public access through the site via a license agreement and supporting pedestrian connectivity improvements, intersection improvements at Woodland Avenue, bus stop and landscaping improvements along Manhattan Avenue, and temporary parking for neighboring residents to alleviate street parking shortages.

CITY OF EAST PALO ALTO PLANNING DIVISION
1960 TATE STREET CITY OF EAST PALO ALTO, CA 94303

CONDITIONS OF APPROVAL
Planning Division
General Conditions:
1) The project shall be built according to the plans accompanying this report as part of Planning application DR19-019 and CUP22-001and approved by the City Council on ____.

Any expansion or change in use shall be subject to review and approval by the City Planning Manager.
2) The Planning Manager may administratively approve minor modifications to the approved plans or uses consistent with Section 18.86.070 of the Development Code. Major Modifications, as determined by the Planning Manager, shall require review and approval from the City Council at a new public hearing.
3) The applicant shall obtain a City of East Palo Alto building permit and any associated encroachment or site development permits from the Public Works Department before construction can proceed.
4) No building permits shall be issued until after expiration of the Settlement Agreement between the City of East Palo Alto and City of Palo Alto and the Crescent Park Neighborhood Association and the Settlement Agreement between the City of East Palo Alto and the City of Menlo Park. The Settlement Agreements expire December 15, 2023. 5) The applicant shall notify the project planner to schedule inspections related to the construction of all structures, landscaping, and other site improvements. The notification request shall be given at least 72 hours prior to the requested time for inspection. 6) The applicant shall hold harmless and defend the City, its officers, agents, and employees from any liability or claims for damages due to the injury of any person, loss of life, or damage to property caused by, or arising out of activities authorized by these approvals or from any claim action or proceeding to set aside, void, or annul any approval of the Project by the City. The applicant shall employ legal counsel approved by the city or indemnify the City for the cost of legal counsel and legal services.
7) The project shall comply with all terms of the Development Agreement, as approved by Ordinance No. ____.
8) The project shall provide public pedestrian access throughout the site, consistent with the terms of the License Agreement. The License Agreement shall be entered into by the City and project applicant prior to Building Permit Issuance. 9) The Applicant shall attend a pre-submittal meeting with Community and Economic Development Department (CEDD) staff prior to the issuance of a grading permit and shall send a notice of the time and place of the meeting to all residents within 500 feet of the site. 10) No permit shall be issued for an individual sign requiring a permit unless and until a Master Signage Plan for the subject parcel on which the sign shall be erected has been submitted and approved consistent with the East Palo Alto Development Code. 11) Fifteen (15) protected trees are approved for removal, as described in the project arborist report. Sixty trees are required for replacement, as described on sheet L1.1 of the approved plans. Replacement trees must be 24” box size or greater. 12) If any additional protected trees are proposed for removal, a tree removal permit shall be filed with the Planning Division for the removal of any Protected Trees on the property prior to the issuance of building permits. The applicant shall incur any fees associated with the tree removal permit application or peer review. 13) Project landscaping shall comply with City of East Palo Alto and State regulations for water-efficient landscaping.
14) The project shall incorporate native landscaping where possible. 15) Private and dedicated open space and trees shall be preserved and maintained by the owner/occupant per plans when approved by the City. If there are any modifications to the current trees and landscaping or if the tree needs to be replaced by something comparable, the applicant will need to get approvals from the Planning Division in order to be permitted to do so. The approval may require, but is not limited to, separate permits fees, arborist reports, and other necessary documents. No building additions shall be permitted that impede or in any way impact the granted open space excluding small accessory structures. 16) Landscaping within the Corner Vision Triangle Area (defined by East Palo Alto Municipal Code Section 18.22.020(B)) shall be selected, installed, and maintained consistent with East Palo Alto Municipal Code Section18.22.020 to avoid obstructions for vehicles exiting project driveways.
17) Pile-driving shall be prohibited.
18) Construction activities shall be limited to the following times:
a. Construction activities involving use of heavy equipment (such as graders, excavators, bull dozers, etc.) shall be limited to between 7:00 a.m. and 4:00 p.m. on weekdays and between 9:00 a.m. and 4:00 p.m. on Saturdays. b. Truck loading may occur from 7:00 a.m. to 6:00 p.m.
c. During project demolition and excavation, haul truck trips to and from the site shall occur outside of peak traffic hours and shall be prohibited between 7:00 and 9:00 a.m. and 4:00 and 7:00 p.m.
d. No haul truck trips shall occur after 10 p.m.
19) The City may require that noise monitoring be performed during construction at the nearest residential land use.

Prior to the Issuance of Building Permits:

Prior to the issuance of building permits, the Applicant (or successor in interest) shall:
20) Applicant shall acknowledge in writing all of the conditions of approval and any mitigation measures contained in the EIR mitigation and monitoring program (MMRP) and accept these conditions and mitigation measures with full awareness of the responsibilities associated with all requirements. Said information to be noted on the front page(s) of the building permit plan sets.
21) Record the conditions of approval with the County of San Mateo. 22) The project shall comply with the associated Mitigation MonitoringandReportingProgram (MMRP). Prior to the issuance of building permit the developer shall berequired to meet with the Planning Division to discuss the mitigation measures identified with the Mitigation Monitoring and Reporting Program (MMRP).
23) Submit a lighting plan showing all proposed parking lot and exterior building lighting, including details on standard design, coverage and intensity for review and approval by the Planning Manager.
a. The plan shall include the manufacturer’s specifications and the 0.5-foot candle contour lines on selected elevations and on the site plan. b. Lighting shall be limited to the absolute minimum required to provide visibility and security to the site without spillover or glare effects to surrounding properties, roadways, or sky to limit light pollution and trespass. c. Minor adjustments with diffusers or lower wattage fixtures may be required after opening.
d. Exterior lightfixtures shall be full cutoff type so that lighting is directed downward only, minimizing glare and light pollution, and shall not cast light on any adjacent property or roadway. Lighting fixtures shall be installed that are energy efficient. 24) Submit the method of screening roof equipment to the Planning Manager for review and approval. Roof equipment and objects such as elevator equipment, air conditioning or utility equipment, television aerials, etc. shall not be visible from surrounding streets or properties from the ground plane.
25) Submit a site management plan to address any remediation, if required. Final sign-off, if required, shall come from the San Francisco Regional Water Quality Control Board, and building permits shall not be issued until the City has received clearance from the San Francisco Regional Water Quality Control Board for any required remediation of the site. 26) All impact fees, including the commercial linkage fee, as well as any outstanding costs associated with the planning entitlement process, shall be paid prior to issuance of the building permit. Impact fee information is available at:
https://www.cityofepa.org/sites/default/files/fileattachments/finance/page/4461/east_palo_alt o_comprehensive_fee_schedule_eff.01.2021_0.pdf
27) Submit exterior building colors, materials, and design elements to the Planning Manager for final review and approval prior to issuance of building permit. 28) The project shall include interpretive signs acknowledging the following:
a. Land acknowledgement recognizing the tribe culturally affiliated with the site b. Memorials commemorating the Tongan community center and Whiskey Gulch The proposed signs shall be submitted for approval prior to the issuance of a building permit. 29) A tree protection plan shall be submitted and approved prior to issuance of building permits. To avoid and minimize damage to existing trees that are not proposed for direct impact by Project activities, the following measures shall be implemented during construction:
a. Caution shall be taken when conducting construction activities (grading, filling, paving,etc.) in close proximity to the root protection zone (RPZ) around all protected trees within the vicinity of the Project Area that are not proposed for removal. The RPZ should be a distance of 1.0 times the dripline radius measured from the trunk of the tree. Exception to is standard could be considered on a case-by-case basis, provided that it is demonstrated that an encroachment into the RPZ will not affect the root system or the health of the tree, and is authorized by an ISA-Certified Arborist or comparable specialist. b. Temporary protective fencing shall be installed around the dripline of existing protected trees prior to commencement of any construction activity conducted within 25 feet of the tree canopy. The fence shall be clearly marked to prevent inadvertent encroachment by heavy machinery.
c. Drainage shall not be allowed to pond around the base of any protected tree. d. An ISA-Certified Arborist or tree specialist shall be retained to perform any necessary pruning of trees during construction activity. e. Roots exposed, as a result of construction activities, shall be covered with wet burlap to avoid desiccation, and should be buried as soon as practicable. f. Construction materials or heavy equipment shall not be stored within the RPZ of protected trees.
g. Only an ISA-Certified Arborist, or comparable specialist, shall make specific recommendations as to where any existing trees can safely tolerate some level of fill within the drip line.
h. Trenching within RPZ shall be done under the field supervision of an ISACertified Arborist and shall be hand dug as much as possible in addition to using auger or drill.
i. Construction materials shall be properly stored away from existing protected trees to avoid spillage or damage to trees.
30) Prior to the issuance of a building permit, the applicant shall comply with the Transportation Demand Management (TDM) Plan requirements consistent with the East Palo Alto Municipal Code Chapter 10.32. A complying TDM plan shall be submitted to the City for review and approval before building permits can be issued. The project shall be subject to all applicable TDM-related fees and penalties.
31) Install bicycle racks or storage that complies with the Santa Clara Valley Bicycle Technical Guidelines and Valley Transit Authority (VTA) standards, as may be amended. 32) Submit a property maintenance and management plan for the entire property, which shall include but not be limited to:
a. Clearly identify the use of all balconies and define what can and cannot be stored on the balcony
b. General cleaning of litter and debris on-site
c. Maintenance of all exterior building materials
d. Maintenance of all landscaping, window cleaning, etc. 33) Prior to the issuance of Building Permits, the project applicant/developer must obtain all required approvals by and be in compliance with all the conditions of the East Palo Alto Sanitary District.

Conditions Prior to Certificate of Occupancy:
34) Prior to certificate of occupancy, the applicant shall complete a retrofit of the existing office buildings at 1900, 1950, and 2000 University Circle, including replacement of all plumbing fixtures in each of the existing office buildings on-site with new water-efficient plumbing fixtures.
35) The 186,000-gallon fire water tank shall be filled prior to issuance of the Certificate of Occupancy for the proposed office building and no sooner than four months after the plumbing retrofit is complete on the existing buildings on the project site. At the City’s discretion, in-lieu of installation of the project’s underground water tank, the applicant may make a fair share contribution to an offsite water infrastructure improvement provided that the improvement demonstrates provision of adequate fire water pressure to the project site prior to Building Permit issuance.
36) The applicant shall submit a wayfinding signage plan for paths that provide public access under the License Agreement for approval by the Planning Manager prior to issuance of Certificate of Occupancy.

Conditions After Certificate of Occupancy:
37) Within one year of issuance of occupancy permits, the project applicant shall submit a water audit to the Public Works Director, demonstrating that the project has achieved net neutral water demand. If net neutral water demand is not demonstrated, the applicant shall be charged water capacity impact fees proportional to the increase in water demand. 38) A Parking Management Plan to the satisfaction of the Planning Manager and consistent with the Conditional Use Permit for Parking Reduction shall be submitted to the Planning Manager for approval prior to issuance of Certificate of Occupancy.

Mitigation Measures
39) 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.
• Idling times shall be minimized either by 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., 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. • 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. 40) MM AIR-3.1: The project shall develop a plan demonstrating either of the following options:

A. 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 B. If use of Tier 4 equipment is not feasible, use equipment that meets the U.S. EPA emissions standards for Tier 3 engines and 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; C. 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; D. And cranes, air compressors, and welders shall be powered by electricity or alternative fuel, or
E. 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. 41) 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. 42) MM BIO-1.2: Nesting Bird Surveys: If it is not 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.
43) 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 disturbed during project construction.
44) 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 designee. 45) 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.
46) 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. 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 Native American in origin, a Native American monitor shall be present during all archaeological testing.
47) MM CUL-2.2: Prior to issuance of the Grading Permit, the project applicant shall submit evidence that an Archaeological Cultural Resource 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
48) 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.
49) 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.
50) 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. 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.
51) 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:
a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m. (Excepting haul and truck deliveries between 7:00 and 10:00 p.m.) and Saturdays between 9:00 a.m. and 7:00 p.m. Prohibit construction on Sundays and holidays; b. Utilize "quiet" models of air compressors and other stationary noise sources where such technology exists;
c. Equip all internal combustion engine-driven equipment with mufflers, which are in good condition and appropriate for the equipment;
d. Locate all stationary noise-generating equipment, such as air compressors and portable power generators, as far away as possible from adjacent land uses; e. Locate staging areas and construction material areas as far away as possible from adjacent land uses;
f. Prohibit all unnecessary idling of internal combustion engines; g. 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. h. Where feasible, limit the quantity of equipment operating simultaneously to 10 pieces of equipment or less.
i. 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 warranted to correct the problem are implemented. j. 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 truck loading and unloading to the hours of 7:00 a.m. to 7:00 p.m. • 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.
52) 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 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 noise-sensitive areas. With implementation of this measure, the impact would be reduced to a less than significant level. 53) 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 onsite buildings shall be required. • Modify/design or identify alternative construction methods to reduce vibration levels below the limits.
• Avoid dropping heavy objects or materials.
54) 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 and approval an enhanced TDM program that demonstrates a reduction in project VMT to 15 percent below the Citywide average home-based work trip VMT. 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.,
• Add a University Circle last-mile shuttle connection for Dumbarton Express riders, • Provide transit subsidies,
• Provide vanpool subsidies, and/or
• Provide commuter cash allowances.

Housing Division
55) The project is subject to the City’s Housing Impact Fee for Non-Residential Development.

The Housing Impact Fee Schedule is updated annually based on the methods approved by the City Council inOrdinance NO. 397 and Section 8.5 of the Zoning Ordinance of the City of East Palo Alto.
56) The Commercial Linkage Fee for Fiscal Year 2021-2022 is $11.76 per square foot of commercial property. The fee increases with the CPI. The Commercial Linkage Fee shall be calculated at the time when theapplicant provides payment, based on the adopted fee schedule in effect at that time.
57) The project is subject to the City’s Measure HH Commercial Office Space Parcel Tax (November 2018) requirement.

Building Division
GeneralInformation:

The following comments are referred to the 2019 California Building, Mechanical,Plumbing,Electrical Codes, California Green Building Standards Code, California Existing Building Code, and Energy Code (i.e., 2018 IBC, UMC, UPC, and 2017 NEC, as amendedby theState of California).

The following comments reflect a review of the building plans only. If site-related comments are applicable to this project they will be generated by others (e.g.,CityEngineering,PublicWorks, Health, etc.).

At Building Permit Submittal
58) Duplicate the Conditions of Approval into the plans submitted for building permits. 59) A soils investigation report shall be submitted containing design recommendations. Additionally, submit asigned & stamped letter from the Geotechnical Engineer or Civil Engineer who prepared the soil investigation stating the following:
a) The plans and specifications substantially conform to the recommendations in the soil investigation.
b) The Geotechnical Engineer or Civil Engineer who prepare the soil investigation has been retained toprovide soil site observation and provide periodic and finalreports to the City of EastPaloAlto.
c) Priorto final inspection for any building or structure, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall issue a final report stating that the completed pad, foundation,finish grading and associated site work substantially conform to the approved plans, specifications and investigations.
60) Please duplicate in the submitted plans, the Construction Best Management Practices. To access the standardplan, please visit: http://www.flowstobay.org/construction. 61) Vertical Clearance for Accessible Parking: A vertical clearance of 98” minimum shall be provided from thegarage entrance to and from the accessible parkingstalls locatedin the garage. CBC 11B502.5. 62) Handrail Extensions: CBC 11B-505.10 requires the handrails to extend 12 inches plus the tread depth. Exceptions to the handrail extensions due to hazardous locations applies to alterations.

This project is considered new construction, not an alteration. 63) Gurney Sized Elevators: Elevator car shall be able to accommodate an ambulance stretcher, 24”x84”, per CBC3002.4.
64) The applicant shall submit complete Title 24 Certificate of Compliance forms for the proposed project. Theforms shall be incorporated into the plan set. 65) The applicant shall properly complete and incorporate the 2019 CalGreen Mandatory Measures on the planssubmitted for building permits.
66) In accordance with Government CodeSection 4469.5., please imprint, on plan, the DisabledAccess Notice andResources notice to commercial building permits. Link to access the notice:
https://www.dgs.ca.gov/DSA/Resources/Page-Content/Resources-List-Folder/AB- 3002-ModelNotice 67) Please note on plan: The City of East Palo Alto Municipal Code Section 15.04.125 limits construction activity to the following hours:
a. Monday through Friday: 7:00 AM to 6:00 PM
b. Saturday: 9:00 AM to 5:00 PM
c. Sundays and national holidays: No activity allowed
PriorBuilding Permit Issuance
68) Approval of this Project does not relieve the Applicant from the applicable requirements of subsequent permits and approvals,includingbut not limitedto the followingas may be applicable:
a) GradingPermit and ImprovementPlan
b) BuildingPermit and Certificate of Occupancy
c) Requirements of the Bay AreaAir Quality Management District; forthe demolition of structures.
d) FirePermit
e) SchoolDistrict Development Impact fee requirements
69) The installation of site construction trailers will require a separate building permit issued by the BuildingDivision. Plans and specifications must be submitted for review and approval prior to the installation of suchstructures. Please contact theBuildingDivisionforadditional information. 70) Prior to the issuance of building permits, the applicant/developer shall submit a waste management plan to the Building and Safety Division. The plan shall include the estimated composition and quantities of waste to begenerated and how the project developer intends to recycle at least 65 percent of the total job site constructionwaste measured by weight or volume. Proof of compliance shall be provided to the Chief Building Official prior to the issuance of the building permit. a) Note on the plans submitted for building permits: Self hauling is prohibited in the City of East PaloAlto; an authorized hauler shall be utilized.
b) All construction and demolition debris shall be contained on-site (not in the public right-ofway) inconstantly covered bins, which include adequate service. 71) Prior to the permit issuance a commissioning plan shall be completed to document how the project will becommissioned. The commissioning plan shall include the following:
a) GeneralProject Information
b) CommissioningGoals
c) Systems to be commissioned. Plans to test systems and components shall include:
• An explanation of the original design intent.
• Equipment and system to be tested, including the extent of tests. • Functions to be tested.
• Conditions under whichthe test shall be performed.
• Measurablecriteria for acceptable performance.
• Commissioningteam information.
• Commissioning process activities, schedules, and responsibilities. Plans for the completion ofcommissioning shall be included.

PriorTo The First Inspection
72) A pre-construction conference shall be held at a time and location agreed upon by the City and applicant for thepurpose of reviewing Conditions of Approval and construction-site procedures. The building owner/developer shall be represented by the design and construction staffs, which include any sub-contractors. Departments having conditions of approval for the project will represent the City (BUILDING, PUBLIC WORKS, PLANNING, FIRE).

PriorTo Final/Occupancy
73) A minimum of 10 Days prior to anticipated occupancy, the applicant shall have scheduled final inspections byall Departments requiring conditions of approval.

Engineering Division:

SPECIFIC CONDITIONS OF APPROVAL
74) Improvements to the University Avenue and Woodland Avenue intersection are to be completed before Certificate of Occupancy. The design of the intersection will be finalized on the offsite improvement plans submitted with the Building Permit. 75) Stormwater Measures shall include full trash capture measures conforming to Section C.10 of the Municipal Regional Permit for Stormwater (5-mm. screens, sized for 1-year, 1-hour storm).
76) Project will be required to pay a “fair share” cost for transportation improvements listed in the Transportation Impact Analysis.
77) A parcel map must be recorded with the County showing the lot split required for the project. 78) The existing City water main in the 20’ Public Utility Easement (PUE) along University Avenue shall be relocated outside of the staircase/ ramp improvements, and an alternate PUE closer to University Avenue shall be dedicated on the lot split parcel map over the new main.
79) The applicant shall not conduct work in the Public Utility Easement without authorization from PG&E.
80) License agreement for the use of property for pedestrian pathway must be executed before the Certificate of Occupancy.

STANDARD CONDITIONS
81) ENGINEERING FEES: All review and inspection fees per the City’s Master Fee Schedule shall be paid prior to the issuance of any permits.
82) DEVELOPMENT IMPACT AND WATER CAPACITY FEES: All Development Impact Fees and Water Capacity Fees shall be paid prior to the issuance of any building permits per East Palo Alto Municipal Code (EPAMC) 13.28, and Resolutions No. 5004 and No. 5093 83) GRADING PERMIT: Prior to building permit approval, a grading permit shall be obtained from the Engineering Division with payment of fees per EPAMC 15.48. See the following link for an application.
https://www.cityofepa.org/publicworks/page/grading-permit 84) ENCROACHMENT PERMIT: The developer shall obtain an encroachment permit from the Engineering Division prior to performing any work in the public right-of-way. See the link below for an application.
https://www.cityofepa.org/publicworks/page/encroachment-permit 85) PUBLIC IMPROVEMENTS: The developer shall provide public street improvements along the project frontage where existing streets (vehicle and/or pedestrian paths) do not meet current City standards. These improvements may include sidewalk, curb and gutter, driveway approach, curb ramp, and any right-of-way dedication. See EPAMC 15.04.040 86) CONSTRUCTION VEHICLES, EQUIPMENT, AND MATERIALS: All construction related vehicles, equipment, and materials shall be managed on-site. At no time shall such items be parked or stored in the public right-of-way without an encroachment permit or written approval by the City Engineer.
87) TRAFFIC CONTROL: Activities that require temporary closures of sidewalks, vehicle and/or bike lanes, or other public paths shall require review and approval by the Engineering Division through an encroachment permit.
88) STORMWATER DRAINAGE: The project shall not create any negative impacts to adjacent properties such as cross-lot drainage. The project shall conform with all C.3/C.6 requirements.
89) CONSTRUCTION BEST MANAGEMENT PRACTICES: This project is required to implement stormwater best management practices (BMP) as described by the San Mateo Countywide Water Pollution Prevention Program. Stormwater Measures shall include full trash capture measures conforming to Section C.10 of the Municipal Regional Permit for Stormwater (5- mm. screens, sized for 1-year, 1-hour storm).

The following sheet in the link below shall be included in the plans. https://www.flowstobay.org/wp-content/uploads/2020/04/Countywide-Program-BMP-PlanSheet-June-2014-Update.pdf 90) FENCES/WALLS: No new or existing fence and/or wall shall be permitted outside of the property boundary lines. No new or existing concrete (or similar) wall and/or fence is permitted where there is a public easement. The removal of such existing structures shall be required prior to the issuance of any permits.
91) WATER METER: This project shall use one public water meter provided by the City’s water operator. Any additional water meters shall be purchased by the developer, maintained privately, and stored onsite.
92) TRAFFIC CONTROL PLAN: Submit a traffic control plan with the off-site improvement plans for review and approval. The traffic control plan shall include a summary of the traffic control types, dates, times and blocks affected. All construction related materials, equipment, and construction workers parking need to be stored on-site and the public streets need to be kept free and clear of construction debris.

Police Department:
93) The Applicant shall submit a security plan for the project to the Police Department for review andcomment prior to Certificate of Occupancy. Reasons for review include, but are not limited to the following:
a. Excessive and/or unexplainable increase in calls for service b. Excessive and/or preventable crimescommitted at the residence and/or commercial space.
c. Numerous complaints of a valid nature
94) Lighting: The Applicant shall provide uniform lighting without glare for scheduled nighttime activities and to permit good observation by neighbors and patrol units after hours. 95) Signage: The Applicant shall:
a. Post “No trespassing/Loitering” signs at entrances of parking lots and other appropriate places. Signs should be at least 2’by1’ in overall size, with white background and black 2” lettering. Section 9.08.010 of the East Palo Alto Municipal Code should be included as a reference on the no loitering signs. b. Post signs at all entrances to the parking area pursuant to section 22658(a) of the California Vehicle Code to assist management with removal of unwanted vehicles per the parking manager’s request.
96) Parking Structure: The Applicant shall include the following in building permit plans:
a. The interior structure be painted a light, highly reflective color. b. Metal halide or other bright white light sources shall be utilized. No dark areas should exist inside the structure.
c. All storage, maintenance, and trash rooms within the parking garage shall have doors which cannot be locked from the inside, and that close and lock quickly and automatically upon exit.
d. Alcoves and other visual obstructions that mightconstitute a hiding place shall be eliminated whenever structurally possible. Pillars, columns, and other open construction should be utilized over a solid wall design. e. Whenever possible, stairwells shall be of open design. When, by necessity, a stairwell is enclosed, convex mirrors should be placed at each stairwell landing, and the stairwell doors should employ as much transparent material as fire code allows. f. Convex mirrors shall be placed inside elevator cabs. g. Access control shall be utilized for vehicular and pedestrian traffic. h. A clearly marked, hands free emergency phone or panic alarm shall be placed centrally in the structure.
i. No trespassing/loitering signs shall be placed at all entrances and other appropriate locations.
j. Panic button call boxes shall be integrated with a video surveillance system. 97) Building:
a. Stairs shall be well lit with open handrails to allow visibility and prevent hiding spaces.
b. Risers shall be enclosed along with the area under the stairs should be enclosed and inaccessible for any use.
c. It is advisable to have surveillance equipment for enclosed stairwells and motion detection at main access points.
98) Landscaping:
a. Landscaping shall be well maintained and trimmed so that natural surveillance is not hindered.
b. Shrubs shall be kept less than three feet in height and trees should be pruned to a height of 10 feet.
c. Walkways shall be direct, follow natural pathways and avoid blind corners. d. The walkways and access points to the open space shall be illuminated and visible. 99) Roof Top:
a. One of the following shall be utilized on all skylights: Rated burglar-resistant glass or acrylic material orIron bars of at least one half-inch diameter, or flat steel bars of at least one quarter-inch width, spaced no more than five inches apart under the skylight and securely fastened, or Grill of at least one eighth-inch steeland two-inch mesh b. All hatchway openings on the roof of any building should be secured as follows: If the hatchway is wooden, it should be covered on the outside with at least 16 gage sheet steel or its equivalent, attached in a manner making removal difficult. The hatchway shall be secured from the insidewith a slide bar or slide bolts. Only a crossbar or padlock provided by the fire marshal shall be used. Outside pin-type hinges on all hatchway openings shall have non-removable pins.
• Exterior rooftop ladders should be eliminated or incorporated into the interior design.
• All air duct or vent openingsexceeding 8” by 12” on the rooftop or exterior walls of any building shall be secured by means of:
o Iron bars of at least one half-inch diameter, of flat steel bars of at least one quarter-inch width, spaced nomore than five inches and securely fastened,
o Grill of at least one eighth-inch steel and two-inch mesh, o If the barrier is on the outside, it shall be secured with galvanized rounded-head, flush bolts of at least 3/8” diameter.

Menlo Park Fire Protection District
100) Access: Remove Any island not allowing 26’ wide access to the building and allowing proper turn radius for access to the building.
101) The aerial ladder placement shall meet the prescriptive distance requirements outlined in CFC Appendix D105.
102) Access improvements (roads, turnarounds and turnouts) that cross property lines shall be recorded with the San Mateo County Tax Assessors Office. 103) Fire apparatus roadways, including public and private streets and in some cases, driveways used for vehicle access, shall be capable of supporting the imposed weight of a 75,000- pound (34,050 kg) fire apparatus and shall be provided with an all -weather driving surface.

Only paved or concrete surfaces are considered to be all weather driving surfaces. CFC 2019, Appendix D.
104) All curbing located within the complex that has not been assigned as onsite parking shall be designated as “No Parking Fire Lane”. All fire lanes shall comply with MPFD standard for “Designation and Marking of Fire Lane” Provide a complete no parking-fire lane striping plan with no parking signage in accordance to MPFD standard on subsequent submittal:
a. Required no parking signage installed at an approved location at entrances. 105) Fire apparatus roadways, including public or private streets or roads used for vehicle access shall be installed and in service prior to construction. Fire protection water serving all hydrants shall be provided as soon as combustible material arrives on the site:
a. PRIOR TO COMBUSTIBLE MATERIAL ARRIVING ON THE SITE, CONTACT THE

MENLO PARK FIRE PROTECTION DISTRICT TO SCHEDULE AN INSPECTION OF ROADWAYS AND FIRE HYDRANTS. CFC 2019.
106) For buildings 30 feet (9144 mm) and over in height above natural grade, the required fire apparatus access roadway shall be a minimum of 26 feet (7925 mm) in width, and shall be positioned parallel to at least one entire side of the building, and the fire lane shall be located within a minimum of 15feet (4572 mm) and a maximum of 30 feet (9144 mm) from the building. CFC 2019, Appendix D105:
a. Fire District staging areas to be determined for Aerial Ladder Truck Minimum and Maximum climbing angles, if a climbing angle is less than 50 degrees the roadway shall be adjusted to comply to the charging condition listed above. Note Aerial Ladder requires minimum 4-foot setback on any side to allow for outriggers. 107) Water Supply: 2500gpm for 2 hours shall be required 108) Applicant to provide fire flow information through a separate engineered plan showing how this is to be achieved. This document shall be submitted to Menlo Park Fire Protection District for review and approval prior to issuance of grading and building permits. CFC 2019, Sec. 507.5.1 Appendix B Section 105.2 & Table 105.1
109) 2 Fire hydrants are required. All hydrants to comply to the following:
a. All fire hydrants shall be wet barrel standard steamer type with 1-4 1/2" (114.3 mm) and 2-2 1/2" (63.5 mm) outlets. MPFPD CFC Sec. 507.5.1 Appendix C 110) Fire hydrants and fire appliances (fire department connections and post indicator valves) shall be clearly accessible and free from obstruction.

High Rise Building
111) CFC, Section 903, Automatic Sprinkler Systems & Section 905, Standpipe Systems: A combination fire sprinkler/standpipe system shall be installed throughout each structure. a. In the parking garage, and Building the automatic fire sprinkler system shall be designed to .18 gpm/3,000 square feet of coverage area. Fire sprinkler system to comply with NFPA 13 2016 Edition and Menlo Park Fire Protection District Standards.
b. Each floor level shall have a dedicated floor control valve, sprinkler riser assembly, installed enabling fire department personnel direct access. c. A 2-1/2” standpipe outlet shall be located on main floor landing and shall reach all portions of the floor served at a 200-foot distance from the Standpipe Outlet. NFPA 14 Sections 7.3.2(1) & 7.3.2.2.
d. Roof access shall have two standpipe outlets, and the most remote standpipe shall be calculated at 500 gpm, and additional 250 gpm added to outlet below totaling 750 gpm. Calculation shall be taken at the base of the riser. This shall be included in fire flow calculation.
e. Automatic sprinkler system is required during construction in accordance to CFC, Section 3313.
112) CFC, Section 913, Fire Pumps. Engine driven fire pumps and electric drive pumps supplied by generators shall both be provided with an on-premises fuel supply for not less than 8-hour full demand operation at 100% of the rated pump capacity in addition to all other required supply demands in accordance to Section 9.6 and 11.4.2 of NFPA 20 and CFC Section 913. 113) Secondary Water Supply. An automatic secondary on-site water supply shall be having a usable capacity of not less than the hydraulically calculated sprinkler demand plus 100 GPM for the inside hose stream. With a Duration of not less than 30 minutes or as determined by occupancy hazard classification in accordance to NFPA 13, whichever is greater. The secondary on-site water supply shall not be less than 15,000 gallons. 114) CFC, Section 907, Fire Alarm & Detection Systems. Manual and automatic fire alarm systems shall comply with this section. High-rise buildings require the following:
a. Automatic smoke detection
b. Area smoke detection
c. Fire department communication system
d. Emergency voice/alarm communication system
115) CFC, Section 508, Fire Command. A fire command center shall be separated by not less than a 1-hour barrier and the location is to be approved by MPFD. The command center shall comply with NFPA 72 and contain the features noted within the fire code. 116) CFC, Section 909, Smoke Control. All portions of the building shall be provided with a smoke control system in accordance to this section.
117) CFC Section 510, Emergency Responder Radio Coverage. An approved radio coverage for emergency responders shall be based upon the existing coverage levels of the public safety communication systems within MPFD at the exterior of the building. This section shall not require improvements of the existing public safety communication systems. 118) CBC, Section 1009.8, Two Way Communication. A system shall be provided at the landing serving each elevator or bank of elevators on each accessible floor that is one or more stories above the level of exit discharge. System shall comply with Sections 1009.8.1 and 1009.8.2. 119) CFC, Section 604, Emergency & Standby Power Systems. Minimum duration of 6 hours without being refueled or recharged. The minimum required fuel supply shall be maintained at all times. Generators shall be listed in accordance to UL2200 and installed in accordance to the CBC, CEC, NFPA 110 and NFPA 111.
120) CFC, Section 607, Elevator Operation. Shall conform to the provisions listed. At least one elevator shall be of a size that will accommodate one gurney (max 24 inches by 84 inches) and two attendants.
121) CFC, Section 906, Portable Fire Extinguishers. A minimum 2A 10B:C rated fire extinguisher shall be located at or near exits and shall be placed so that the travel distance to a fire extinguisher shall not to exceed 75 feet.
122) CFC, Chapter 10, Means of Egress. Components to include exit pathway throughout use, exit stairwells, exit enclosure providing access to exit doors, door hardware, exit signs, exit illumination and emergency lighting shall comply to CFC/CBC Chapter Ten. a. Section 403.5.3.1, Stairway Communication System. A telephone or other 2-way communications system connected to an approved constantly attended station shall be provided not less than every 5th floor in each stairway where the doors to the stairway are locked.
123) CFC, Section 509, Fire Protection and Utility Equipment Identification and Access. The single man door providing direct access to the sprinkler riser assembly shall require signage on the door accessing riser stating “Riser Room” or agreed upon language. 124) CFC 505, Premises Identification. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background.

Individual suite numbers shall be permanently posted on the main entrance doors of tenant spaces. If rear outside doors to tenant spaces are installed, they shall include the installation of numerical address numbers corresponding to front addressing. Numbers on new occupancies shall comply with the following:
a. Structures up to 50 feet (15240 mm) in height shall have addresses with a min. 1- inch (25.4 mm) stroke wide by min. 8 inches (203.2 mm) high. b. Structures over 50 feet (15240 mm) high shall have addresses with a min. 2.5-inch (63.5 mm) stroke wide by min. 12 inches (304.8 mm) high. 125) Knox power switch (EPO) shall be installed at AHJ approved location.

GENERAL
126) Approved plans and approval letter must be on site at the time of inspection. 127) Final acceptance of this project is subject to field inspection.

ATTACHMENT B: MITIGATION, MONITORING, AND REPORTING PROGRAM 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
Timing Monitored By Monitoring Action Monitoring Frequency • Idling times shall be minimized either by
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.

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.

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/ ATTACHMENT C: PUBLIC ACCESS LICENSE AGREEMENT

551\94\3279467.2

PEDESTRIAN ACCESS

LICENSE AGREEMENT
This Pedestrian Access License Agreement (the “Agreement”) is made as of [________], 2022 (“Effective Date”), by and between COLUMBIA REIT - UNIVERSITY CIRCLE, LP, a Delaware Limited Partnership (“Licensor”), and the CITY OF EAST PALO ALTO, a California Municipal Corporation, (“Licensee”).

RECITALS
A. Licensor is the owner of that certain real property consisting of approximately 11.84 acres of land commonly referred to as 1900, 1950 and 2000 University Circle in the City of East Palo Alto, bearing the APNs #063-680-020, 063-680-100, 063-680-130, 063-680-150, 063-680- 190 (“Property”).

B. Licensor has submitted applications to Licensee to redevelop an existing 97,659 square foot surface parking lot located in the southern portion of the Property with an approximately 180,000 square foot office building with net increase of approximately 400 new structured parking spaces and approximately 12 new surface parking spaces, an approximately 2,800 square foot space along with an exclusive patio dedicated for community use, and water flow and pressure enhancements to ensure adequate fire suppression measures. (“Project”). The Project also includes improved pedestrian access into and across the Property.

C. Licensee desires to obtain a license for pedestrian access so that members of the public may travel through and across a portion of the Property on foot (the “Licensed Purpose”).

That portion of the Property granted to Licensee for the Licensed Purpose is referred to herein as the “License Area” and is depicted on Exhibit A to this Agreement.

D. Subject to the terms of this Agreement, Licensor is willing to grant to Licensee a right to use the License Area for the Licensed Purpose pursuant to the terms and conditions set forth in this Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants, terms and conditions set forth in this Agreement, the Parties agree as follows:

1. Limited Grant of License. Licensor hereby grants to Licensee and the general public (each a “User” and collectively, the “Users”), a non-exclusive license (the “License”) to enter upon the License Area solely for the Licensed Purpose, subject to all matters of record affecting the License Area, on the terms and conditions set forth in this Agreement. Nothing in this Agreement shall give Users the right, without prior written consent of Licensor, to engage in any activity in the License Area other than the Licensed Purpose, including, without limitation any of the following: (i) cooking, dispensing or preparing food; (ii) selling any item or engaging in the solicitation of money, signatures or other goods or services; (iii) sleeping or staying overnight; (iv) using sound amplifying equipment; or (v) engaging in any illegal, dangerous, intimidating or other activity that Licensor reasonably deems to be inconsistent with other uses on the Property or with the use of the License Area by other Users for the Licensed Purpose, such as excessive noise or boisterous activity, public intoxication, or the placement of personal effects in the License Area.

Licensor shall retain the right to cause persons engaging in such conduct to be removed from the Property. Should any such persons refuse to leave the Property, they may be deemed by Licensor to be trespassing and Licensor may contact local law enforcement to request that appropriate law enforcement actions be taken pursuant to Penal Code Section 602. Licensor shall be entitled to establish and post rules and regulations for the use of the License Area consistent with the foregoing. Nothing in this Agreement shall be deemed to mean that the License Area is a public park or subject to the legal requirements applicable to a public park or other public space.

2. Term of License. The term (“Term”) of this License shall be effective upon issuance of a Certificate of Occupancy for the Project (the “Start Date”) and shall continue in effect until such time as any one of the events described in Section 5 below—Right to Terminate License—occurs.

3. No Gift or Dedication. The License Area shall remain the private property of Licensor with members of the public having only a license to occupy and use the License Area in a manner consistent with this Agreement. Nothing contained herein shall be deemed to be a gift or dedication of any portion of License Area to or for the general public or to Licensee, it being the intention of Licensor that the License granted herein shall be strictly limited to and for the purposes herein expressed.

4. Users’ Assumption of Risk. Licensor makes no representations or warranties whatsoever, under this Agreement with respect to the physical condition of the License Area and Licensor shall have no responsibility under this Agreement with respect thereto. The use of the License granted herein shall be with the License Area in its “AS IS” physical condition. Licensor shall not be responsible to Users for any defect or change in conditions in the License Area, for any damage occurring thereto or for the existence of any violation of any Applicable Law. Users will use the License Area at their sole risk. Licensor will not be liable for personal injury to or death of any person or persons (including any User) or for any damage to the property of any person (including that of any User) resulting from any User’s exercise of the License.

5. Right to Terminate. Licensor shall have the right to terminate this License if any one of the following events occur: (i) any portion of the Property, including the License Area, is repeatedly used in excess of the Limited Grant of License as set forth above in Section 1 and such excess has not been cured in accordance with Section 10; (ii) any Portion of the Property, including the License Area, is repeatedly used in a manner that does not comply with the License Laws as further detailed and defined in Section 6 below and such non-compliant use has not been cured in accordance with Section 10; or (iii) any portion of the Property, including the License Area, becomes the subject of an application for redevelopment (“Application for Redevelopment”) and such Application for Redevelopment is approved by the City and the first permit is issued (e.g. demolition, grading, etc.). For purposes of this Agreement, Application for Redevelopment shall mean any application submitted to the City of East Palo Alto for a change in use of any portion of the Property, including the License Area.

6. Use of License; Compliance with Laws. The use of the License Area by Users shall at all times be consistent with the Licensed Purpose and be conducted in compliance with all applicable city, state, and federal laws, regulations and the following rules (collectively, “ License Laws”):
(a) Licensor may limit access to and use of the License Area between the hours of 10:00 p.m. through 5:00 a.m., and as specified in Section 7.
(b) Users use of the License Area shall be in such a manner as not to interfere with or obstruct (i) any portion of the Property including the License Area, and (ii) any business operations or other activities being conducted by the Licensor or its permittees on the Property.
(c) No person shall assemble, collect or gather on the License Area in a manner that impedes the free passage or use by pedestrians.
(d) Bicycles, roller skates, scooters, skateboards, and similar modes of transportation shall be walked through the License Area in accordance with the Licensed Purpose, which only authorizes pedestrian access through and across the License Area by members of the public.
(e) No person shall enter, remain, stay, or camp in the License Area when it is closed to the public.

7. Temporary Closure. Licensor shall have the right, without obtaining the consent of the Licensee (with the exception of any City requirement to obtain a permit to perform any work), to temporarily close the License Area to Users from time to time for one of the following two reasons. Licensor shall post notice setting forth the reason for and the scheduled duration of the closure at the major entrances to the License Area, except in emergency situations. (a) Licensor may temporarily close the License Area in the event of a risk to the public health or safety created by causes including but not limited to flood, storm, fire, earthquake or other natural disaster, explosion, accident, criminal activity, riot, civil disturbances, civil unrest or unlawful assembly.
(b) Licensor may temporarily close that portion of the License Area as is necessary to undertake repair and maintenance activities of the License Area in order to make any such necessary repairs and maintenance.

8. Maintenance. As set forth in Section [X] above, the License granted herein shall be with the License Area in its “AS IS” physical condition. Licensor represents that it will maintain the License Area in the same or better condition in which the Licensed Area exists as of the Start Date and through the Term of License.

9. Insurance. Licensor represents that it maintains a General Liability Policy of insurance appropriate for the uses existing on the Property as of the Start Date, as specified in Exhibit B. Licensor further represents that it will maintain the foregoing policy of insurance throughout the Term of this Agreement.

10. Remedies, Notice and Cure. In the event Licensee or any User breaches any provision of this Agreement, Licensor shall give Licensee written notice setting forth such breach in reasonable detail and Licensee must, within thirty (30) days after receiving such notice, cure the breach, or if not possible to cure within thirty (30) days, have commenced such cure and shall diligently prosecute such cure to completion. If Licensee does not cure within the applicable time period, the breach shall constitute a default and Licensor may terminate this Agreement in accordance with Section 5 and shall have all rights available at law and in equity.

11. Approvals. Each of the parties hereby represents and warrants that its execution of this Agreement has been duly authorized by all necessary corporate or other action and constitutes a valid and binding obligation of said party.

12. Notices. Any payment or notice provided for herein or otherwise required to be given hereunder shall be given by overnight courier, registered mail, certified United States mail, or first class U. S. mail, postage prepaid, addressed to the other party as follows:

If to Licensee: City Manager
City of East Palo Alto
2415 University Avenue
East Palo Alto, CA 94303
With a copy to: City Attorney
City of East Palo Alto
2415 University Avenue
East Palo Alto, CA 94303

If to Licensor: David S. Dowdney
Senior Vice President
Columbia Property Trust
650 California Street, Suite 200
San Francisco, CA 94108
With copy to : Sigrid R. Waggener, Esq.

Manatt, Phelps & Phillips, LLP
One Embarcadero Center, 30th Floor
San Francisco, CA 94111
Any notice or payment mailed as provided herein shall be deemed received two (2) days after the date it is postmarked and mailed as provided in this Agreement. Either party may change its address by providing written notice of same to the other as provided in this Section.

11. Assignment, Successors and Assigns. This Agreement may not be assigned except in the event the Property is transferred, in which event this License shall continue to remain in full force and effect and any such transferee shall be bound by the terms of this License. Prior to any transfer of the Property or any portion thereof, Licensor shall provide the transferee with notice of the existence of this License and shall provide notice to the Licensee of the transfer including a copy of a fully executed assignment and assumption agreement whereby the transferee assumes all of Licensor's rights and obligations under this License.

12. Severability. If any clause, sentence, or other portion of this Agreement becomes illegal, null, or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining portion shall remain in full force and effect.

13. Limited Indemnification. Licensor shall indemnify Licensee for any claims, demands or actions in law or equity arising from the gross negligence, intentional acts or willful misconduct of Licensor in Licensor’s performance under this this Agreement. Neither Licensor nor Licensee shall be obligated to indemnify the other for any claims, demands, or actions in law or equity arising from or alleged to have arisen from any aspect of this of this Agreement other than the gross negligence, intentional acts, willful misconduct of Licensor in Licensor’s performance under this this Agreement.

14. Miscellaneous. This Agreement represents the full, complete and entire agreement of the parties with respect to the subject matter hereof and supersedes any prior written or oral agreements on the same subject. Any modification of this Agreement must be in writing and signed by both parties. Any waiver of a provision of this Agreement by a party must be in writing. The parties may sign this Agreement in counterparts. The signature pages from the separately signed counterparts may be attached to one copy of this Agreement to form a single document. This Agreement shall be construed and interpreted and governed by and in accordance with the local law of the State of California without reference to any choice of law rules or policies which may refer the resolution of any dispute arising hereunder to the laws of any other jurisdiction. If a court of competent jurisdiction holds that any provision of this Agreement is invalid or unenforceable, the remaining provisions of this Agreement will continue in full force.

IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives on the date first above written.

LICENSOR
By:_______________________________
Its:_______________________________

LICENSEE
By:_______________________________
Its:_______________________________

551\94\3279467.2

EXHIBIT A

LICENSE AREA

EXHIBIT B

INSURANCE REQUIREMENTS
A. Commercial General Liability Insurance: Licensor’s General Liability insurance shall include contractual liability coverage. Licensor shall take out and maintain during the life of this License such Bodily Injury Liability and Property Damage Liability Insurance (Commercial General Liability Insurance) on an occurrence basis as shall protect it from any and all claims for damages for bodily injury, including accidental death, as well as claims for property damage which may arise from the Licensor’s operations under this License, whether such operations be by Licensor or by any sub-Licensor or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000), in aggregate or Two Million Dollars ($2,000,000) combined single limit bodily injury and property damage for each occurrence.

B. Additional Insured Status: The City of East Palo Alto shall be named as an additional insured on any such policies of comprehensive general liability insurance.

C. Verification of Coverage: Licensor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause).

D. Notice of Cancellation: Licensor shall provide thirty (30) days' notice, in writing, to the City, at 2415 University Avenue, East Palo Alto, CA 94303, of any pending change or cancellation of the policy.

East Palo Alto City CouncilMay 3, 2022

East Palo Alto City Council
May 3, 2022