Attachment A: NVCAP Resolution — Palo Alto City Council, June 18, 2024

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Resolution No.____
A Resolution of the City Council of the City of Palo Alto, C ertifying a Supplemental Environmental Impact Report to the 2017 Comprehensive Plan Final Environmental Impact Report, Adopting a Statement of Overriding Considerations, and Adopting a Comprehensive Plan Amendment for the North Ventura Coordinated Area Plan

R E C I T A L S
A. C
alifornia Government Code Section 65300 et seq. requires every city and county in California to adopt a General Plan, known in Palo Alto as its Comprehensive Plan, for its long-range development, and further, to periodically to update that plan to reflect current issues and conditions; and
B. O
n November 13, 2017, the City Council for the City of Palo Alto (City) certified a Final Environmental Impact Report (EIR) for the City of Palo Alto 2030 Comprehensive Plan through Resolution No. 9720, made findings in relation to the Final EIR, adopted a mitigation monitoring and report plan (MMRP), and adopted a statement of overriding considerations through Resolution No. 9721 and adopted the City of Palo Alto 2030 Comprehensive Plan through Resolution No. 9722; and
C. T
he City of Palo Alto 2030 Comprehensive Plan Policy L-1.7 and Program L-4.10 calls for the preparation of a plan for the North Ventura and surrounding California Avenue area in order to establish the future of the North Ventura area as a walkable neighborhood with multi- family housing, ground-floor retail, a public park, creek improvements, and an interconnected street grid; and
D. O
n November 6, 2017, the City Council directed staff to initiate the local planning process for a North Ventura Coordinated Area Plan in accordance with Palo Alto Municipal Code Section 19.10.020; and
E. On
March 5,2018, the City Council approved preliminary Project Goals, Objectives, schedule milestones, and Plan boundaries for the North Ventura Coordinated Area Plan, recognizing that these may be modified during the planning process; and F. On
April 30, 2018, the City Council appointed a total of 14 members of the working group to advise the staff, boards/commissions, and the Council during the preparation of the plan; and
G. T
he City conducted extensive community outreach in multiple languages since the NVCAP process has initiated in November 2017 including 17 meetings of the NVCAP Working Group; several community pop-up events; numerous meeting with stakeholders including school district, commercial property owners and tenants, interest groups in housing and transportation; two community workshops; one meeting of the Architectural Review Board (ARB); two meetings of the Historic Resources Board (HRB); six meetings of the Planning and Transportation Commission (PTC); and seven meetings of the City Council; and Attachment A
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H. On January 10, 2022, City Council endorsed a preferred plan alternative, which was further refined on November 14, 2022, which allows additional 530 dwelling units, reduces 278,000 square feet of office and up to 7,500 square feet of retail to accommodate the new dwelling units, and allow up to two acres of park, including an opportunity to renaturalize the Matadero Creek through establishment of a 100-foot riparian corridor buffer.

I. Pursuant to the provisions and requirements of CEQA and CEQA Guidelines Section 15163, the City as lead agency, prepared a Supplemental Environmental Impact Report to the 2017 Comprehensive Plan Final EIR (SEIR) to analyze the potential environmental impacts resulting from adopting the NVCAP; and

J. The SEIR analyzes the environmental impacts of the NVCAP, in conjunction with the 2017 Comprehensive Plan Final EIR, is the environmental document upon which adoption of the NVCAP is predicated; and

K. As provided in Government Code sections 65352 – 65352.5 the City mailed a public notice to all California Native American tribes provided by the Native American Heritage Commission and to other entities listed; and

L. No California Native American tribe requested consultation; and

M. In accordance with Government Code Section 65585 (b), on March 8, 2024, the City posted the SEIR and the draft NVCAP and requested public comment for a 45-day review period; and

N. On May 8, 2024, the PTC held a duly and properly noticed public hearing to consider a draft of the SEIR and the NVCAP, and recommended that the City Council adopt the draft NVCAP.

O. On June 10, 2024, the City Council conducted a duly and properly noticed public hearing to take public testimony, consider the SEIR, reviewed the NVCAP and all pertinent maps, documents and exhibits, including the staff report, and all attachments, and oral and written public comments.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby finds that, based on substantial evidence in the record:

SECTION 1. Record of Proceedings
The record of proceedings upon which the City Council bases its decision herein includes, but is not limited to: (1) the SEIR and the 2017 Comprehensive Plan Final EIR including all appendices and attachments cited and/or relied upon therein; (2) the staff reports, City files and records and other documents prepared for and/or submitted to the City relating to the 2017 Comprehensive Plan Final EIR, SEIR, and the NVCAP; (3) the evidence, facts, findings, and other determinations set forth in this Resolution; (4) the 2017 Comprehensive Plan; (5) all studies, data, and correspondence submitted by the City in connection with the SEIR and the NVCAP; (6) all documentary and oral evidence received at 3 0160103_20230504_ay16

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public workshops, meetings, and hearings; (7) all other matters of common knowledge to City decisionmakers, including City, state, and federal laws, policies, rules, and regulations, reports, records, and projections related top development within the City of Palo Alto and its surrounding areas. The location and custodian of records is the City Clerk of the City of Palo Alto, 250 Hamilton Avenue, Palo Alto, CA 94305.

SECTION 2. General CEQA Findings.

The City Council, in the exercise of its independent judgment, makes and adopts the following findings to comply with the requirements of CEQA, including Sections 15091, 15092, and 15093 of the CEQA Guidelines, based upon the entire record of proceedings for the Project. All statements set forth in this Resolution constitute formal findings of the City Council, including the statements set forth in this paragraph and in the recitals above.

1. The City determined to prepare a Supplemental EIR because the NVCAP would be built out and fully occupied by 2040, which exceeds the 2030 Comprehensive Plan’s development horizon of 2030; and the adoption of NVCAP could result in a new significant and unavoidable impact for cultural resources and air quality not previously analyzed, but only minor additions or changes would be necessary to make the Comprehensive Plan Final adequately apply to the NVCAP.

2. The City Council was presented with, and has independently reviewed and analyzed, the SEIR and other information in the record, and has considered the information contained therein prior to acting upon and adopting the Project. The City Council bases the findings stated below on such review.

3. The SEIR, in conjunction with the Comprehensive Plan Final EIR, provides an adequate basis for considering and acting upon the Project. The City Council has considered all of the evidence and arguments presented during consideration of the Project and the SEIR. In determining whether the Project may have a significant impact on the environment, and in adopting the findings set forth herein, the City Council certifies that it has complied with Public Resources Code Sections 21081, 21081.5, and 21082.2.

4. The City Council agrees with the characterization of the SEIR with respect to all impacts initially identified as “less than significant” and finds that those impacts have been described accurately and are less than significant as so described in the SEIR. This finding does not apply to impacts identified as significant or potentially significant that are reduced to a less than significant level by mitigation measures included in the SEIR. The disposition of each of those impacts and the mitigation measures adopted to reduce them are addressed specifically in the findings below.

5. Mitigation measures associated with the potentially significant impacts of the Project will be implemented through the Mitigation Monitoring and Reporting Program (MMRP) described below, which is the responsibility of the City to enforce. The MMRP associated with the SEIR works, for the NVCAP area, in addition to the MMRP for the Comprehensive Plan.

6. The SEIR considers a reasonable range of potentially feasible alternatives, sufficient to foster informed decision making, public participation and a reasoned choice, in accordance with CEQA.

7. The Revised Final SEIR contains responses to comments received on the Draft SEIR. The Final SEIR also contains corrections and clarifications to the text and analysis of the Draft SEIR where warranted. Factual corrections and minor changes added to the Draft SEIR have been made to merely clarify, amplify, and/or make insignificant modifications to the information provided in the Draft SEIR. The City Council does hereby find that such changes and additional information 4 0160103_20230504_ay16

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are not significant new information under CEQA because such changes and additional information do not indicate that any of the following would result from approval and implementation of the Project: (i) any new significant environmental impact or substantially more severe environmental impact (not already disclosed and evaluated in the Draft SEIR) would result from the Project or from a new mitigation measure proposed to be implemented, (ii) any feasible mitigation measure considerably different from those analyzed in the Draft SEIR that would lessen a significant environmental impact of the Project has been proposed and would not be implemented, (iii) any feasible alternative considerably different from those analyzed in the Draft SEIR that would lessen a significant environmental impact of the Project has been proposed that would not be implemented, or (iv) the Draft SEIR was fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. The City Council does find and determine that recirculation of the Final SEIR for further public review and comment is not warranted or required under the provisions of CEQA.

8. The City Council finds and certifies that the SEIR has been prepared and completed in compliance with CEQA and reflects the City of Palo Alto’s independent judgment and analysis as the lead agency.

9. The City Council makes findings in this resolution with respect to significant effects on the environment of the Project, as identified in the SEIR, with the understanding that all of the information in this Resolution is intended as a summary of the full administrative record supporting the SEIR, which full administrative record should be consulted for the full details supporting these findings.

10. Any modifications to the NVCAP directed by the City Council on June 18, 2024 do not change the conclusions of the SEIR and the Comprehensive Plan Final EIR.

SECTION 3. Significant Impacts Reduced to Less than Significant.

Pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, the City Council hereby makes these findings with respect to the potential for significant environmental impacts from approval and implementation of the Project and the means for mitigating those impacts.

These findings do not attempt to describe the full analysis of each environmental impact contained in the SEIR. Instead, the findings provide a summary description of each impact, describe the applicable mitigation measures identified in the SEIR and adopted by the City, and state the findings on the significance of each impact after imposition of the adopted mitigation measures. A full explanation of these environmental findings and conclusions can be found in the SEIR. These findings hereby incorporate by reference the discussion and analysis in the SEIR that support the SEIR's determinations regarding significant project impacts and mitigation measures designed to address those impacts. The facts supporting these findings are found in the record as a whole for the Project.

In making these findings, the City ratifies, adopts, and incorporates into these findings the analysis and explanation in the SEIR, and ratifies, adopts, and incorporates into these findings the determinations and conclusions of the SEIR relating to environmental impacts and mitigation measures, except to the extent that any such determinations and conclusions are specifically and expressly modified by these findings.

The SEIR identified a number of significant and potentially significant environmental impacts that the Project will cause or to which the Project would contribute. The following significant effects can be fully addressed and reduced to less than significant through the adoption and implementation of standard 5 0160103_20230504_ay16

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project requirements incorporated as part of the Project and feasible mitigation measures. Those impacts, along with the standard project requirements and mitigation measures to reduce them to less than significant, are listed below as referenced in the SEIR.

Biological Resources
Impact BIO-1: Construction activities associated with build out of the Project could result in the loss of fertile eggs, nesting raptors or other migratory birds, or nest abandonment.
(a) Potential Impact. The impact identified above is described and discussed in Section 3.3.2.2 of the SEIR.
(b) Mitigation Measures. The following mitigation measure will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings:

MM BIO-1.1: Construction During Migratory Bird and Raptor Nesting Season. To the extent feasible, construction activities shall be scheduled to avoid the nesting season. If construction activities are scheduled to take place outside the nesting season, all impacts to nesting birds protected under the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code shall be avoided. The nesting season for most birds in Santa Clara County extends from February 1 through August 31.

If initial site disturbance activities, including tree, shrub, or vegetation removal, are to occur during the bird breeding season (February 1 through August 31), a qualified biologist shall conduct a pre-construction survey for nesting migratory birds and raptors. The survey for nesting migratory birds shall cover the project site itself and the immediate vicinity of the site, with the survey for nesting raptors encompassing the site and surrounding lands within 250 feet, where accessible. The survey shall occur within seven days prior to the onset of ground disturbance.

If active nests are detected, appropriate construction-free buffers shall be established. The buffer sizes shall be determined by the project biologist based on species, topography, and type of activity occurring in the vicinity of the nest. Typical buffers are 25 to 50 feet for passerines and up to 250 feet for raptors. The project buffer shall be monitored periodically by the project biologist to ensure compliance. After the nesting is completed, as determined by the biologist, the buffer shall no longer be required.

Following the conclusion of nesting activity and removal of the construction buffers, a report shall be submitted to the City summarizing the results of the survey including identifying any buffer zones, and outlining measures implemented to prevent impacts to nesting birds. (c) Finding and Rationale. The City Council finds that the above mitigation measure is feasible and that it would reduce the potential impacts on fertile eggs, nesting raptors or other migratory birds, or nest abandonment to a less-than-significant level. This mitigation measure is adopted by the City Council.

Accordingly, the City Council finds that changes or alterations have been required in, or incorporated into, the Project that would avoid or substantially lessen the significant environmental effect as identified in the SEIR.
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The 2030 Comprehensive Plan Update FEIR maps the NVCAP and surrounding area as “urban forest” and based on a survey of the California Natural Diversity Database, there is no special-status habitat located within the areas mapped urban forest. The channelized portion of the Matadero Creek also does not contain riparian habitat or sensitive natural communities. However, tree removal activities have the potential to disturb migratory birds resulting in a short-term reduction in potential nesting and foraging habitat as well as directly destroying active nests if present; however, it is anticipated that resident and migratory bird species would resume nesting and foraging behavior once the construction is complete, and would utilize existing nearby nesting and foraging habitat during construction. In addition, the above mitigation would ensure habitat or species avoidance through appropriately timed habitat surveys to determine absence/presence, pre-construction surveys to determine absence/presence, implementation of avoidance/preventative measures, passive removal efforts, on-site monitoring by qualified biologists, and/or establishment of no-construction buffer zones during construction.

Therefore, this impact would be reduced to a less-than-significant level. (d) Remaining Impact. Mitigation Measure BIO-1.1 specified above would reduce all potential impacts for future development under the Project to less than significant.

Noise
Impact NOI-1: Construction activities associated with build out of the Project could generate groundborne vibration capable of causing cosmetic or worse building damage or adversely nearby sensitive receptors.
(a) Potential Impact. The impact identified above is described and discussed in Section 3.10.2.3 of the SEIR.
(b) Mitigation Measures. The following mitigation measure will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings:

MM NOI-1.1: Applicants for projects within the North Ventura Coordinated Area Plan area shall obtain a groundborne vibration study prior to the issuance of any discretionary permits that would allow the use of construction equipment within 22 feet or pile driving within 101 feet of existing structures. The study shall be prepared by a qualified professional in accordance with industry-accepted methodology, which include the recommended vibration assessment procedure and thresholds provided by public agencies such as Caltrans and the Federal Highway Administration. The study should identify necessary construction vibration controls to reduce both human annoyance and the possibility of cosmetic damage. Controls shall include, but not be limited to, the following measures:
• A list of all heavy construction equipment to be used for this project known to produce high vibration levels (tracked vehicles, vibratory compaction, jackhammers, hoe rams, etc.) shall be submitted to the City by the contractor. This list shall be used to identify equipment and activities that would potentially generate substantial vibration and to define the level of effort for reducing vibration levels below the thresholds. • Place operating equipment on the construction site as far as possible from vibration- sensitive receptors.
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• Use smaller equipment to minimize vibration levels below the limits. • Avoid using vibratory rollers and tampers near sensitive areas. • Select demolition methods not involving impact tools. • Modify/design or identify alternative construction methods to reduce vibration levels below the limits.
• Avoid dropping heavy objects or materials.
(c) Finding and Rationale. The City Council finds that the above mitigation measure is feasible and that it would reduce the potential impacts related to groundborne vibration to a less-than-significant level. This mitigation measure is adopted by the City Council. Accordingly, the City Council finds that changes or alterations have been required in, or incorporated into, the Project that would avoid or substantially lessen the significant environmental effect as identified in the SEIR.

MM NOI-1.1 requires a qualified professional to prepare a study outlining recommended vibration assessment procedures, thresholds, and construction controls. These recommendations would address both human annoyance and cosmetic damage, if any, to nearby single- and multi-family residences, which are noise-sensitive receptors defined by the Comprehensive Plan. Therefore, with implementation of MM NOI-1.1, impacts would be reduced to a less-than-significant level. (d) Remaining Impact. Mitigation Measure NOI-1.1 specified above would reduce all potential impacts for future development under the Project to less than significant.

Tribal Cultural Resources
Impact TCR-1: Future projects proposed under the North Ventura Coordinated Area Plan could potentially result in impacts to undiscovered tribal cultural resources. (a) Potential Impact. The impact identified above is described and discussed in Section 3.12.2.2 of the SEIR.
(b) Mitigation Measures. The following mitigation measure will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings:

MM TCR-1.1: Cultural Sensitivity Training. Prior to issuance of any grading permit, the project applicant shall be required to submit evidence that a Cultural Awareness Training program has been provided to construction personnel. The training shall be facilitated by a qualified archaeologist in collaboration with a Native American representative registered with the Native American Heritage Commission for the City of Palo Alto and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3.

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A qualified archaeologist and a Native American monitor, registered with the Native American Heritage Commission for the City of Palo Alto and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3, shall be present during earthmoving activities including, trenching, initial or full grading, scraping or blading, lifting of foundation, boring, drilling, , or major landscaping. The qualified archaeologist and Native American monitor shall have the authority to halt construction activities in the event any cultural materials are encountered during ground-disturbing construction activities. The qualified archeologist and Native American monitor shall keep a daily monitoring log on days that monitoring occurs documenting construction activities that were monitored, location of the monitoring, and any cultural materials identified. These daily monitoring logs shall be made available to the City upon request.

MM TCR-1.3: Treatment Plan. In the event any significant cultural materials are encountered during construction, construction within a radius of 50 feet of the find would be halted, the Director of Planning shall be notified, and the on-site qualified archaeologist shall examine the find and make appropriate recommendations regarding the significance of the find and the appropriate treatment of the resource.

The qualified archeologist in collaboration with a Native American monitor, registered with the Native American Heritage Commission for the City of Palo Alto and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3, shall prepare and implement a treatment plan that reflects permit-level detail pertaining to depths and locations of excavation activities. The treatment plan shall contain, at a minimum:

1. Identification of the scope of work and range of subsurface effects (including location map and development plan), including requirements for preliminary field investigations.

2. Description of the environmental setting (past and present) and the historic/prehistoric background of the parcel (potential range of what might be found).

3. Monitoring schedules and individuals.

4. Development of research questions and goals to be addressed by the investigation (what is significant vs. what is redundant information).

5. Detailed field strategy to record, recover, or avoid the finds and address research goals.

6. Analytical methods.

7. Report structure and outline of document contents.

8. Disposition of the artifacts.

9. Security approaches or protocols for finds.

10. Appendices: all site records, correspondence, and consultation with Native Americans, etc.

The treatment plan shall utilize data recovery methods to reduce impacts on subsurface resources. The treatment plan must be reviewed and approved by the Director of Planning, or the Director’s designee prior to implementation of the plan.

MM TCR-1.4: Evaluation. The project applicant shall notify the Director of Planning, Native American Monitor, and Archeological Monitor, of any finds during grading or other construction activities. Any historic or prehistoric material identified in the project area during excavation 9 0160103_20230504_ay16

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activities shall be evaluated for eligibility for listing in the California Register of Historic Resources as determined by the California Office of Historic Preservation. Data recovery methods may include, but are not limited to, backhoe trenching, shovel test, hand augering, and hand-excavation. The techniques used for data recovery shall follow the protocols identified in the approved treatment plan. Data recovery shall include excavation and exposure of features, field documentation, and recordation. All documentation and recordation shall be submitted to the Northwest Information Center, and the Director of Planning. (c) Finding and Rationale. The City Council finds that the above mitigation measure is feasible and that it would reduce the potential impacts related to undiscovered tribal cultural resources to a less-than- significant level. This mitigation measure is adopted by the City Council. Accordingly, the City Council finds that changes or alterations have been required in, or incorporated into, the Project that would avoid or substantially lessen the significant environmental effect as identified in the SEIR.

There are no known Tribal Cultural Resources in the NVCAP area. In addition to complying with the Comprehensive Plan Policies L-7.15, L-7.17, and L-7.18, require mitigation, identification, and protection of archaeological resources, as well as L-7.16 that would ensure tribal consultation in accordance with California Government Code Section 65352.3, implementation of above mitigation measures would provide proper training and proper procedures to follow if any undiscovered tribal resources are uncovered during construction. Therefore, with implementation of mitigation measures TCR-1.1 through TCR-1.4, potential impacts would be reduced to a less-than-significant level. (d) Remaining Impact. Mitigation Measures TCR -1.1 through TCR-1.4 specified above would reduce all potential impacts for future development under the Project to less than significant.

SECTION 4. Significant and Unavoidable Impacts.

The Draft SEIR and the Revised Final SEIR documented that the Project would result in significant and unavoidable impacts which cannot be adequately mitigated through the adoption and implementation 10 0160103_20230504_ay16

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of feasible mitigation measures. Those impacts, along with mitigation measures to mitigate them to the extent feasible, are listed below as referenced in the SEIR.

Air Quality
Impact AIR-1: Build out of the Project would increase VMT and daily trips by six and 12.2 percent, respectively, and increase the service population by 4.1 percent. Since the increase in population would be exceeded by the increase in VMT and daily trips, the Project would have a significant criteria air pollutant emissions impact.
(a) Potential Impact. The impact identified above is described and discussed in Section 3.2.2.3 of the SEIR.
(b) Mitigation Measures. The following Comprehensive Plan mitigation measure are already adopted and will be implemented as provided in the MMRP for the Project, and as further described in the remainder of these findings:

AIR-2a: The City shall amend its local CEQA Guidelines and Municipal Code to require, as part of the City’s development approval process, that future development projects comply with the current Bay Area Air Quality Management District (BAAQMD) basic control measures for reducing construction emissions of PM
10 (Table 8-2, Basic Construction Mitigation Measures
Recommended for All Proposed Projects, of the BAAQMD CEQA Guidelines).

AIR-2b: The City shall amend its local CEQA Guidelines to require that, prior to issuance of construction permits, development project applicants that are subject to CEQA and have the potential to exceed the BAAQMD screening-criteria listed in the BAAQMD CEQA Guidelines prepare and submit to the City of Palo Alto a technical assessment evaluating potential project construction-related air quality impacts. The evaluation shall be prepared in conformance with BAAQMD methodology in assessing air quality impacts. If construction-related criteria air pollutants are determined to have the potential to exceed the BAAQMD thresholds of significance, as identified in the BAAQMD CEQA Guidelines, the City of Palo Alto shall require that applicants for new development projects incorporate mitigation measures (Table 8-3, Additional Construction Mitigation Measures Recommended for Projects with Construction Emissions Above the Threshold, of the BAAQMD CEQA Guidelines or applicable construction mitigation measures subsequently approved by BAAQMD) to reduce air pollutant emissions during construction activities to below these thresholds. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City.

AIR-2c: To ensure that development projects that have the potential to exceed the BAAQMD screening criteria air pollutants listed in the BAAQMD CEQA Guidelines reduce regional air pollutant emissions below the BAAQMD thresholds of significance, the proposed Plan shall include policies that require compliance with BAAQMD requirements, including BAAQMD CEQA Guidelines.

AIR-2d: Implement Mitigation Measures TRANS-1a and TRANS-1b. In addition, to reduce long- term air quality impacts by emphasizing walkable neighborhoods and supporting alternative modes of transportation, the proposed Plan shall include policies that achieve the following:
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• Enhanced pedestrian and bicycle connections between commercial and mixed-use centers.

AIR-3a: The City of Palo Alto shall update its CEQA Procedures to require that future non- residential projects within the city that: 1) have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel-powered TRUs, and 2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, nursing homes), as measured from the property line of a proposed project to the property line of the nearest sensitive use, shall submit a health risk assessment (HRA) to the City of Palo Alto prior to future discretionary project approval or shall comply with best practices recommended for implementation by the BAAQMD.

The HRA shall be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment and the Bay Area Air Quality Management District. If the HRA shows that the incremental cancer risk exceeds the BAAQMD significance thresholds, the applicant will be required to identify and demonstrate that mitigation measures are capable of reducing potential cancer and noncancer risks to an acceptable level, including appropriate enforcement mechanisms.

Mitigation measures and best practices may include but are not limited to:
• Restricting idling on-site beyond Air Toxic Control Measures idling restrictions, as feasible.
• Electrifying warehousing docks.
• Requiring use of newer equipment and/or vehicles.
• Restricting off-site truck travel through the creation of truck routes.

Mitigation measures identified in the project-specific HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site development plan as a component of a proposed project.

AIR-3c: The proposed Plan shall include policies to mitigate potential sources of toxic air contaminants through siting or other means to reduce human health risks and meet the Bay Area Air Quality Management District’s applicable threshold of significance. Policies shall also require that new sensitive land use projects (e.g., residences, schools, hospitals, nursing homes, parks or playgrounds, and day care centers) within 1,000 feet of a major stationary source of TACs and roadways with traffic volumes over 10,000 vehicles per day consider potential health risks and incorporate adequate precautions, such as high-efficiency air filtration, into project design.

AIR-4: To reduce odor impacts, the proposed Plan shall include policies requiring:
• Buffers, mechanical, and other mitigation methods to avoid creating a nuisance.

TRANS-1a: Adopt a programmatic approach to reducing motor vehicle traffic, with the goal of achieving no net increase in peak-hour motor vehicle trips from new development, with an exception for uses that directly contribute to the neighborhood character and diversity of Palo Alto (such as ground-floor retail and below-market-rate housing). The program should, at a 12 0160103_20230504_ay16

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minimum, require new development projects above a specific size threshold to prepare and implement a Transportation Demand Management (TDM) Plan to achieve the following reduction in peak-hour motor vehicle trips from the rates included in the Institute of Transportation Engineers’ Trip Generation Manual for the appropriate land use category and size. These reductions are deemed aggressive, yet feasible, for the districts indicated. • 45 percent reduction in the Downtown district
• 35 percent reduction in the California Avenue area
• 30 percent reduction in the Stanford Research Park
• 30 percent reduction in the El Camino Real Corridor
• 20 percent reduction in other areas of the city
TDM Plans must be approved by the City and monitored by the property owner or the project proponent on an annual basis. The Plans must contain enforcement mechanisms or penalties that accrue if targets are not met and may achieve reductions by contributing to citywide or employment district shuttles or other proven transportation programs that are not directly under the property owner’s control.

TRANS-1b: Require new development projects to pay a Transportation Impact Fee for all those peak-hour motor vehicle trips that cannot be reduced via TDM measures. Fees collected would be used for capital improvements aimed at reducing motor vehicle trips and motor vehicle traffic congestion.
(c) Findings. The above-noted mitigation measures are adopted Comprehensive Plan Final EIR mitigation measures. The Comprehensive Plan Final EIR concluded that the Comprehensive Plan would result in a significant and unavoidable impact on O
3, PM10, and PM2.5. Future development under the NVCAP would be subject to the above mitigation measures; however, as the Comprehensive Plan Final EIR concluded that impact even with implementation of these mitigation measures would not be reduced to a less- than-significant level. In addition, the buildout of the NVCAP would conflict with the 2017 Clean Air Plan due to a net increase of O3, PM10, and PM2.5.
(d) Remaining Impacts. There are no other feasible mitigation measures available to mitigate this impact to a less-than-significant level due to the programmatic nature of the NVCAP. Even though future individual projects under the NVCAP might comply with air quality regulations, the overall program-level impact with the buildout of the NVCAP would remain significant and unavoidable. (e) Overriding Considerations. The environmental, social, economic and other benefits of the Project override any remaining significant adverse impacts of the Project relating to air quality as set forth in the Statement of Overriding Considerations below.

Cultural Resources
Impact CUL-1: Future projects proposed under the North Ventura Coordinated Area Plan could result in the demolition of historic buildings, including yet identified historic resources as defined in CEQA Guidelines Section 15064.5.
(a) Potential Impact. The impact identified above is described and discussed in Section 3.3.22 of the SEIR.
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(b) Mitigation Measures. The following mitigation measure will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings:

MM CUL-1.1: Prior to project approval, future development projects that would demolish a potential historic resource shall be required to prepare a Historic Resource Evaluation (HRE) to evaluate whether the property is eligible for inclusion into the City’s Historic Resources Inventory, CRHR, and NRHP. The HRE shall address the feasibility of avoiding adverse impacts through project redesign, rehabilitation, or reuse of the resource. Preservation in place is always the preferred measure for mitigating direct impacts to historic resources. If the resource is to be preserved on the property, specific measures to protect the integrity of the structure and its setting shall be identified.

MM CUL-1.2: If impacts to the historic resource cannot be avoided, all feasible measures are required to be implemented to reduce the magnitude of the impact. At a minimum, the City shall require “Documentation” and “Commemoration” efforts in accordance with the guidelines established for Historic American Building Survey (HABS) consistent with the Secretary of Interior’s Standards for Architectural and Engineering Documentation. Additional measures could include relocation, incorporation of the resources into the project, and/or salvage. The documentation shall be completed by a qualified architectural historian or historian who meets the Secretary of the Interior’s Professional Qualification Standards for History and/or Architectural History.
(c) Findings. MM CUL-1.1 requires future projects that involve demolition or substantial alteration of a potential historic resource to prepare a Historic Resources Evaluation (HRE). This evaluation would explore ways to minimize harm to the resource through project redesign, rehabilitation, or reuse. MM CUL-1.2 ensures that all feasible measures are taken to minimize impacts if the resource cannot be entirely avoided. However, even with these measures in place, development under the NVCAP could still result in the demolition of historic resources, which would be considered a significant impact under CEQA.
(d) Remaining Impacts. No further feasible measures are available to eliminate the potential for significant cultural resource impacts. While implementing the mitigation measures outlined above (MM CUL-1.1 and MM CUL-1.2) can lessen the impact on potential historic resources, a significant impact may still occur. Even in scenarios where future development avoids demolition or substantial alteration, challenges remain. Adaptive reuse of historic resources for housing presents uncertainties regarding compliance with both the Secretary of the Interior Standards for Treatment of Historic Properties and the California Historic Building Code. Due to these uncertainties, the impact on cultural resources would remain significant and unavoidable.
(e) Overriding Considerations. The environmental, social, economic and other benefits of the Project override any remaining significant adverse impacts of the Project relating to historical resources as set forth in the Statement of Overriding Considerations below.

SECTION 5. Findings Regarding Project Alternatives.

Public Resources Code section 21002 prohibits a public agency from approving a project if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of the project. When a lead agency finds, even after the adoption of all 14 0160103_20230504_ay16

NOT YET APPROVED

feasible mitigation measures, that a project will still cause one or more significant environmental effects that cannot be substantially lessened or avoided, it must, prior to approving the project as mitigated, first determine whether there are any project alternatives that are feasible and that would substantially lessen or avoid the project's significant impacts. Under CEQA, “feasibility” includes “desirability” to the extent that it is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors, and an alternative may be deemed by the lead agency to be “infeasible” if it fails to adequately promote the project applicant’s and/or the lead agency's primary underlying goals and objectives for the project. Thus, a lead agency may reject an alternative, even if it would avoid or substantially lessen one or more significant environmental effects of the project, if it finds that the alternative’s failure to adequately achieve the objectives for the project, or other specific and identifiable considerations, make the alternative infeasible.

The City Council certifies that the Final SEIR describes a reasonable range of alternatives to the Project, which could feasibly obtain the basic objectives of the Project, and that the City Council has evaluated the comparative merits of the alternatives.

Chapter 2 of the Draft SEIR set forth the Goals and Objectives for the NVCAP. That list is incorporated herein by reference. In light of the applicant's objectives for the Project, and given that the Project is expected to result in certain significant environmental effects even after the implementation of all feasible mitigation measures, as identified above, the City hereby makes the following findings with respect to whether one or more of the alternatives evaluated in the Draft SEIR could feasibly accomplish most of the goals and objectives for the Project and substantially lessen or avoid one or more of its potentially significant effects.

No Project Alternative
The No Project Alternative assumes the NVCAP would remain as developed today with 142 residential units, 744,000 square feet of office, and 111,200 square feet of retail. The No Project Alternative is discussed in Section 7.2.2.1 of the Draft SEIR. The No Project Alternative is hereby rejected as infeasible because it would not achieve the Project objectives, as explained in Section 7.2.2.1 of the Draft SEIR.

This Alternative would not meet the NVCAP’s objectives to establish the future of the North Ventura area as a walkable neighborhood with multi-family housing, ground-floor retail, a public park, creek improvements, and an interconnected street grid. It would be in conflict with the Comprehensive Plan Policy L-1.7 and Program L-4.10. No Alternative was identified as an environmentally superior alternative because it would avoid the identified significant impacts to historic resources.

Alternative 2: Single-Story Adaptive Reuse Alternative
Alternative 2, Single-Story Adaptive Reuse Alternative, aims to minimize modifications by keeping the eligible historic resource building at 340 Portage Avenue at one story and creating 113 residential units, compared to the NVCAP, which proposes to accommodate 281 residential units with a 3-story development.

While Alternative 2 preserves the building’s character, particularly the monitor roof, significant changes would still be necessary for residential conversion. These include modifications to all exterior walls for windows and doors, interior compartmentalization with light wells, and substantial structural upgrades.

In addition, Alterative 2 produces a smaller number of residential units, which falls short of the project’s 15 0160103_20230504_ay16

NOT YET APPROVED

objectives.

Alternative 2 still contributes to significant and unavoidable air quality impacts due to increased VMT, but Alternative 2's reduced number of residential units (168 fewer than NVCAP) results in slightly lower GHG emissions. The potential construction-related impacts on migratory birds, construction air quality and noise, and tribal cultural resources would be same as the NVCAP and would require the same mitigation measures.

Alternative 2 would meet all of the NVCAP’s objectives but the alternative would provide fewer residential units than the NVCAP and would therefore be only partially consistent with Objective 1 (Housing and Land Use).

SECTION 6. Statement of Overriding Considerations.

Pursuant to Public Resources Code Section 21081 and Section 15093 of the CEQA Guidelines, this City Council adopts and makes the following Statement of Overriding Considerations regarding the remaining significant unavoidable impacts of the Project, as discussed above, and the anticipated economic, social and other benefits of the Project.

The City finds that: (i) the majority of the significant impacts of the Project will be reduced to less-than- significant and acceptable levels by the mitigation measures described in the Revised Final SEIR and approved and adopted by these Findings; (ii) the City's approval of the Project will result in certain significant adverse environmental effects that cannot be avoided even with the incorporation of all feasible mitigation measures into the Project; and (iii) there are no other feasible mitigation measures or feasible Project alternatives that would further mitigate or avoid the remaining significant environmental effects.

The significant effects that have not been mitigated to a less-than-significant level and are therefore considered significant and unavoidable are identified in Section 4 herein. Despite these potentially significant impacts, it is the City's considered judgment that the benefits offered by the Project outweigh the potentially adverse effects of these significant impacts. The substantial evidence supporting the following described benefits of the Project can be found in the preceding findings and in the record of proceedings.

The benefits of the NVCAP which the City Council finds serve as overriding considerations justifying its approval include the following:
(1) The NVCAP promotes a mix of residential, employment, and commercial uses within close proximity. This integrated design encourages residents to walk, bike, and utilize public transportation for daily needs, demonstrably reducing reliance on automobiles. With a multi- modal transportation improvement and reduced VMT, the NVCAP would contribute to cleaner air and help combat climate change by minimizing transportation-related GHG emissions. In addition, a walkable, mixed-use community fosters a more efficient lifestyle, potentially reducing overall energy consumption.
(2) The NVCAP prioritizes housing needs by planning for 530 residential units, directly contributin g
to
the City's efforts to meet its Regional Housing Needs Allocation (RHNA) goal. This increase in housing stock creates more opportunity for affordable housing units within the NVCAP area as well. While there is a reduction in office space, this prioritizes housing needs and encourages the development of retail to create a “complete neighborhood.” This mixed-use approach offers 16 0160103_20230504_ay16

NOT YET APPROVED

residents amenities and services conveniently located within walking distance, potentially reducing reliance on cars and fostering a more vibrant community. (3) The NVCAP creates an opportunity for a new public park for recreation and enjoyment, while also creating an opportunity to naturalize Matadero Creek and a sufficient setback enhancing the environment and promoting a connection with nature. (4) The NVCAP's increased development capacity fosters a potential for revenue generation through impact fees. This additional revenue stream can be strategically allocated to enhance public amenities, ultimately improving the quality of life for residents within the NVCAP area and potentially throughout the city.
(5) The NVCAP strengthens the City's grant applications by demonstrating a commitment to well- planned development. Granting agencies often favor projects aligned with approved community plans that have undergone environmental review (CEQA). This process ensures the project considers potential impacts and incorporates strategies to minimize them, ultimately benefiting the community.

SECTION 7. Mitigation Monitoring and Reporting Program

(1) CEQA requires the lead agency approving a project to adopt a Mitigation Monitoring and Reporting Program (MMRP) for the changes made to the project that it has adopted in order to mitigate or avoid significant effects on the environment. An MMRP has been prepared and is recommended for adoption by the City Council concurrently with the adoption of these findings to ensure compliance with standard project requirements incorporated as part of the project and mitigation measures during Project implementation. As required by Public Resources Code section 21081.6, the MMRP designates responsibility and anticipated timing for the implementation of the mitigation measures recommended in the Final EIR. The MMRP will remain available for public review during the compliance period. (2) The City Council hereby adopts the MMRP for the Project attached hereto as Exhibit A and incorporated by reference, and finds, determines, and declares that the adoption of the MMRP will ensure enforcement and continued imposition of the mitigation measures recommended in the Final EIR, and set forth in the MMRP, in order to mitigate or avoid significant impacts on the environment.

SECTION 8. NVCAP Adopted as an Amendment to the Comprehensive Plan.

1. Based on the record of proceedings as a whole, the City Council makes the following findings and declarations regarding the NVCAP incorporated herein:
a. Adoption of the NVCAP is in the public interest. The NVCAP provides the framework to create a walkable neighborhood with multi-family housing, ground-floor retail, a public park, creek improvements, and an interconnected street grid for the North Ventura neighborhood.
b. The NVCAP is internally consistent and consistent with the rest of the Comprehensive Plan. As an integrated set of goals, policies, programs, and timelines, and quantified objectives, the NVCAP does not itself approve any specific development projects; it acknowledges land use and zoning changes that will be required and therefore it creates no inconsistencies with the Comprehensive Plan.
17 0160103_20230504_ay16

NOT YET APPROVED

c. The NVCAP was developed through diligent effort by the City to achieve public participation of all segments of the community, as described in Chapter 1 of the NVCAP.

2. B
ased on substantial evidence in the record, including, but not limited to, implementation of the NVCAP’s visions for the NVCAP in Chapter 2 as well as land use policies and programs as well as design standards provided in Chapters 3 through 6, the City would allow 530 additional dwelling units, supporting much needed housing supply for the City, and approximately two acres of new public open space within the plan area. The NVCAP envisions creating and enhancing well-defined connections to transit, pedestrian, and bicycle facilities, including improved connections to the Caltrain Station and other majo r
s
treets like Park Boulevard and El Camino Real. It would create an opportunity to re- naturalize Matadero Creek through the establishment of a 100-foot riparian corridor buffer.

3. T
he NVCAP is hereby adopted in its entirety, as an appendix and amendment to the 2030 Comprehensive Plan.

4. Th
e Director of Planning and Development Services and City Clerk are hereby directed to distribute copies of the NVCAP in the manner provided in Government Code Sections 65357 and 65589.7.

S
ECTION 9. Effective Date.

This Resolution shall become effective upon adoption by the City Council.

I
NTRODUCED and PASSED:

AY
ES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

City Clerk Mayor
APPROVED AS TO FORM:

C ity Manager or Designee
Assistant City Attorney
D irector of Planning and Development
Services
NORTH VENTURA COORDINATED AREA PLAN 1
Mitigation Monitoring and Reporting Program
Section 21081 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring or Reporting Program (MMRP) whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring or reporting program is to ensure compliance with the mitigation measures during project implementation.

The North Ventura Coordinated Area Plan Supplemental Environmental Impact Report (EIR) concluded that the implementation of the project could result in significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. This MMRP addresses those measures in terms of how and when they will be implemented.

This document does not discuss those subjects for which the EIR concluded that mitigation measures would not be required to reduce significant impacts.

Exhibit A

NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR

CITY OF PALO ALTO

MITIGATION MONTIORING AND REPORTING PROGRAM
2 JUNE 2024
Environmental Impact Mitigation Measure
Implementation
Responsibility
Implementation
Timing
Monitoring
Responsibility Monitoring Action
Monitoring
Frequency
Air Quality
Impact AIR-1: Build out of
the NVCAP would increase
VMT and daily trips by six
and 12.2 percent,
respectively, and increase
the service population by 4.1
percent. Since the increase
in population would be
exceeded by the increase in
VMT and daily trips, the
NVCAP would have a
significant criteria air
pollutant emissions impact.

Comprehensive Plan Final EIR (FEIR) Mitigation
measures AIR-2a, AIR-2b, AIR-2c, AIR-2d, and TRANS-
1a and Trans 1b

AIR-2a: The City shall amend its local CEQA
Guidelines and Municipal Code to require, as part of
the City’s development approval process, that future
development projects comply with the current Bay
Area Air Quality Management District (BAAQMD)
basic control measures for reducing construction
emissions of PM
10 (Table 8-2, Basic Construction
Mitigation Measures Recommended for All Proposed
Projects, of the BAAQMD CEQA Guidelines).

City of Palo Alto
Planning and
Development
Services (PDS)
Department
During
development
approval process
City of Palo Alto
PDS Department
Ensure future development
complies with current BAAQMD
basic control measures
As development
applications are
received
AIR-2b: The City shall amend its local CEQA
Guidelines to require that, prior to issuance of
construction permits, development project
applicants that are subject to CEQA and have the
potential to exceed the BAAQMD screening-criteria
listed in the BAAQMD CEQA Guidelines prepare and
submit to the City of Palo Alto a technical
assessment evaluating potential project
construction-related air quality impacts. The
evaluation shall be prepared in conformance with
BAAQMD methodology in assessing air quality
impacts. If construction-related criteria air pollutants are determined to have the potential to exceed the
City of Palo Alto
PDS Department
During
development
approval process
City of Palo Alto
PDS Department
Ensure that projects that exceed
BAAQMD screening criteria
prepare construction air quality
assessments in conformance
with BAAQMD
As development
applications are
received

NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR

CITY OF PALO ALTO

MITIGATION MONITORING AND REPORTING PROGRAM
NORTH VENTURA COORDINATED AREA PLAN 3
Environmental Impact Mitigation Measure
Implementation
Responsibility
Implementation
Timing
Monitoring
Responsibility Monitoring Action
Monitoring
Frequency
BAAQMD thresholds of significance, as identified in
the BAAQMD CEQA Guidelines, the City of Palo Alto
shall require that applicants for new development
projects incorporate mitigation measures (Table 8-3,
Additional Construction Mitigation Measures
Recommended for Projects with Construction
Emissions Above the Threshold, of the BAAQMD
CEQA Guidelines or applicable construction
mitigation measures subsequently approved by
BAAQMD) to reduce air pollutant emissions during
construction activities to below these thresholds.

These identified measures shall be incorporated into
all appropriate construction documents (e.g.,
construction management plans) submitted to the
City.

AIR-2c: To ensure that development projects that
have the potential to exceed the BAAQMD screening
criteria air pollutants listed in the BAAQMD CEQA
Guidelines reduce regional air pollutant emissions
below the BAAQMD thresholds of significance, the
proposed Plan shall include policies that require
compliance with BAAQMD requirements, including
BAAQMD CEQA Guidelines.

City of Palo Alto
PDS Department
During
development
approval process
City of Palo Alto
PDS Department
Ensure that projects that exceed
BAAQMD screening criteria
prepare air quality assessments
in conformance with BAAQMD
As development
applications are
received
AIR-2d: Implement Mitigation Measures TRANS-1a
and TRANS-1b. In addition, to reduce long-term air
quality impacts by emphasizing walkable
neighborhoods and supporting alternative modes of
transportation, the proposed Plan shall include
policies that achieve the following:
 Enhanced pedestrian and bicycle connections
between commercial and mixed-use centers.

City of Palo Alto
PDS Department
During
development
approval process
City of Palo Alto
PDS Department
Ensure that Transportation
Demand Management (TDM)
Plans incorporate enhanced
pedestrian and bicycle
connections
As development
applications are
received
TRANS-1a: Adopt a programmatic approach to
reducing motor vehicle traffic, with the goal of
achieving no net increase in peak-hour motor vehicle
trips from new development, with an exception for
uses that directly contribute to the neighborhood
City of Palo Alto
PDS Department
During
development
approval process
City of Palo Alto
PDS Department
Require projects implement a
TDM Plan to achieve established
trip reductions.

As development
applications are
received

NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR

CITY OF PALO ALTO

MITIGATION MONTIORING AND REPORTING PROGRAM
4 JUNE 2024
Environmental Impact Mitigation Measure
Implementation
Responsibility
Implementation
Timing
Monitoring
Responsibility Monitoring Action
Monitoring
Frequency
character and diversity of Palo Alto (such as ground-
floor retail and below-market-rate housing). The
program should, at a minimum, require new
development projects above a specific size threshold
to prepare and implement a Transportation Demand
Management (TDM) Plan to achieve the following
reduction in peak-hour motor vehicle trips from the
rates included in the Institute of Transportation
Engineers’ Trip Generation Manual for the
appropriate land use category and size. These
reductions are deemed aggressive, yet feasible, for
the districts indicated.
 45 percent reduction in the Downtown district
 35 percent reduction in the California Avenue
area
 30 percent reduction in the Stanford Research
Park
 30 percent reduction in the El Camino Real
Corridor
 20 percent reduction in other areas of the city
TDM Plans must be approved by the City and
monitored by the property owner or the project
proponent on an annual basis. The Plans must
contain enforcement mechanisms or penalties that
accrue if targets are not met
and may achieve
reductions by contributing to citywide or
employment district shuttles or other proven
transportation programs that are not directly under
the property owner’s control.

City of Palo Alto
PDS Department
At the building
permit issuance
City of Palo Alto
PDS Department
Collect Transportation Impact
Fees for peak-hour trips that
cannot be reduced.

As development
applications are
received

NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR

CITY OF PALO ALTO

MITIGATION MONITORING AND REPORTING PROGRAM
NORTH VENTURA COORDINATED AREA PLAN 5
Environmental Impact Mitigation Measure
Implementation
Responsibility
Implementation
Timing
Monitoring
Responsibility Monitoring Action
Monitoring
Frequency
AIR-3a: The City of Palo Alto shall update its CEQA
Procedures to require that future non-residential
projects within the city that: 1) have the potential to generate 100 or more diesel truck trips per day or
have 40 or more trucks with operating diesel-
powered TRUs, and 2) are within 1,000 feet of a
sensitive land use (e.g., residential, schools,
hospitals, nursing homes), as measured from the
property line of a proposed project to the property
line of the nearest sensitive use, shall submit a
health risk assessment (HRA) to the City of Palo Alto
prior to future discretionary project approval or shall comply with best practices recommended for
implementation by the BAAQMD.

The HRA shall be prepared in accordance with
policies and procedures of the State Office of
Environmental Health Hazard Assessment and the
Bay Area Air Quality Management District. If the HRA
shows that the incremental cancer risk exceeds the
BAAQMD significance thresholds, the applicant will
be required to identify and demonstrate that
mitigation measures are capable of reducing
potential cancer and noncancer risks to an
acceptable level, including appropriate enforcement
mechanisms.

Mitigation measures and best practices may include
but are not limited to:
 Restricting idling on-site beyond Air Toxic Control
Measures idling restrictions, as feasible.
 Electrifying warehousing docks.
 Requiring use of newer equipment and/or
vehicles.
 Restricting off-site truck travel through the
creation of truck routes.

City of Palo Alto
PDS Department
During
development
approval process
City of Palo Alto
PDS Department
Ensure that projects that have
the potential to generate 100 or
more diesel truck trips per day or
have 40 or more trucks with
operating diesel-powered TRUs,
and are within 1,000 feet of a
sensitive land use (e.g.,
residential, schools, hospitals,
nursing homes), as measured
from the property line of a
proposed project to the property
line of the nearest sensitive use,
prepare and submit a health risk
assessment (HRA)
As development
applications are
received

NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR

CITY OF PALO ALTO

MITIGATION MONTIORING AND REPORTING PROGRAM
6 JUNE 2024
Environmental Impact Mitigation Measure
Implementation
Responsibility
Implementation
Timing
Monitoring
Responsibility Monitoring Action
Monitoring
Frequency
Mitigation measures identified in the project-specific
HRA shall be identified as mitigation measures in the
environmental document and/or incorporated into
the site development plan as a component of a
proposed project.

AIR-3b: To ensure that new industrial and
warehousing projects with the potential to generate
new stationary and mobile sources of air toxics that
exceed the BAAQMD project-level and/or cumulative
significance thresholds for toxic air contaminants
and PM

2.5 listed in the BAAQMD CEQA Guidelines
reduce emissions below the BAAQMD thresholds of
significance, amend the City’s CEQA guidelines to
require compliance with BAAQMD requirements.

City of Palo Alto
PDS Department
During
development
approval process
City of Palo Alto
PDS Department
Ensure that new industrial and
warehousing projects are
evaluated against BAAQMD
thresholds and comply with
BAAQMD requirements
As development
applications are
received
AIR-3c: The proposed Plan shall include policies to
mitigate potential sources of toxic air contaminants
through siting or other means to reduce human
health risks and meet the Bay Area Air Quality
Management District’s applicable threshold of
significance. Policies shall also require that new
sensitive land use projects (e.g., residences, schools, hospitals, nursing homes, parks or playgrounds, and
day care centers) within 1,000 feet of a major
stationary source of TACs and roadways with traffic
volumes over 10,000 vehicles per day consider
potential health risks and incorporate adequate
precautions, such as high-efficiency air filtration, into project design.

City of Palo Alto
PDS Department
During
development
approval process
City of Palo Alto
PDS Department
Ensure that new sensitive land
uses are evaluated in
conformance with BAAQMD’s
health risk thresholds.

As development
applications are
received
AIR-4: To reduce odor impacts, the proposed Plan
shall include policies requiring:
 Buffers, mechanical, and other mitigation
methods to avoid creating a nuisance.

City of Palo Alto
PDS Department
During
development
approval process
City of Palo Alto
PDS Department
Ensure that new development
provides adequate buffers
and/or incorporates other
methods to avoid creating odor
nuisances.

As development
applications are
received
Biological Resources

NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR

CITY OF PALO ALTO

MITIGATION MONITORING AND REPORTING PROGRAM
NORTH VENTURA COORDINATED AREA PLAN 7

1 Refers to smaller perching birds.

Environmental Impact Mitigation Measure
Implementation
Responsibility
Implementation
Timing
Monitoring
Responsibility Monitoring Action
Monitoring
Frequency
Impact BIO-1: Construction
activities associated with
build out of the NVCAP
could result in the loss of
fertile eggs, nesting raptors
or other migratory birds, or
nest abandonment.

MM BIO-1.1 Construction During Migratory Bird and
Raptor Nesting Season. To the extent feasible,
construction activities shall be scheduled to avoid
the nesting season. If construction activities are
scheduled to take place outside the nesting season,
all impacts to nesting birds protected under the
Migratory Bird Treaty Act (MBTA) and California Fish
and Game Code shall be avoided. The nesting season
for most birds in Santa Clara County extends from
February 1 through August 31.

If initial site disturbance activities, including tree, shrub, or vegetation removal, are to occur during
the bird breeding season (February 1 through August
31), a qualified biologist shall conduct a pre-
construction survey for nesting migratory birds and
raptors. The survey for nesting migratory birds shall
cover the project site itself and the immediate
vicinity of the site, with the survey for nesting
raptors encompassing the site and surrounding lands
within 250 feet, where accessible. The survey shall
occur within seven days prior to the onset of ground
disturbance.

If active nests are detected, appropriate
construction-free buffers shall be established. The
buffer sizes shall be determined by the project
biologist based on species, topography, and type of
activity occurring in the vicinity of the nest. Typical buffers are 25 to 50 feet for passerines
1 and up to
250 feet for raptors. The project buffer shall be
monitored periodically by the project biologist to
ensure compliance. After the nesting is completed,
City of Palo Alto
PDS Department
Prior to the
issuance of any
tree removal or
grading permits
City of Palo Alto
PDS Department
Ensure that the projects either
avoid the nesting season or
conduct pre-construction surveys
for nesting migratory birds.

Prior to the
issuance of any
tree removal or
grading permit

NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR

CITY OF PALO ALTO

MITIGATION MONTIORING AND REPORTING PROGRAM
8 JUNE 2024
Environmental Impact Mitigation Measure
Implementation
Responsibility
Implementation
Timing
Monitoring
Responsibility Monitoring Action
Monitoring
Frequency
as determined by the biologist, the buffer shall no
longer be required.

MM CUL-1.1: Prior to project approval, future
development projects that would demolish a
potential historic resource shall be required to
prepare a Historic Resource Evaluation (HRE) to
evaluate whether the property is eligible for
inclusion into the City’s Historic Resources Inventory, CRHR, and NRHP. The HRE shall address the
feasibility of avoiding adverse impacts through
project redesign, rehabilitation, or reuse of the
resource. Preservation in place is always the
preferred measure for mitigating direct impacts to
historic resources. If the resource is to be preserved
on the property, specific measures to protect the
integrity of the structure and its setting shall be
identified.

City of Palo Alto
PDS Department
During
development
approval process
City of Palo Alto
PDS Department
Ensure that projects that would
demolish a potential historic
resource prepare and submit a
Historic Resource Evaluation
(HRE)
Prior to project
approval
MM CUL-1.2: If impacts to the historic resource
cannot be avoided, all feasible measures are
required to be implemented to reduce the
magnitude of the impact. At a minimum, the City
shall require “Documentation” and
“Commemoration” efforts in accordance with the
guidelines established for Historic American Building
Survey (HABS) consistent with the Secretary of
Interior’s Standards for Architectural and
Engineering Documentation. Additional measures
City of Palo Alto
PDS Department
“Documentation”
to be provided
prior to issuance
of demo permits;
“Commemoratio
n” to be provided
prior to issuance
of occupancy
permits.

City of Palo Alto
PDS Department
If impacts to historic resources
cannot be avoided, ensure that
“Documentation” and
“Commemoration” efforts are
done in accordance with the
guidelines established for Historic
American Building Survey (HABS)
consistent with the Secretary of
Interior’s Standards for
Architectural and Engineering
Documentation.

Prior to project
approval

NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR

CITY OF PALO ALTO

MITIGATION MONITORING AND REPORTING PROGRAM
NORTH VENTURA COORDINATED AREA PLAN 9
Environmental Impact Mitigation Measure
Implementation
Responsibility
Implementation
Timing
Monitoring
Responsibility Monitoring Action
Monitoring
Frequency
could include relocation, incorporation of the
resources into the project, and/or salvage. The
documentation shall be completed by a qualified
architectural historian or historian who meets the
Secretary of the Interior’s Professional Qualification
Standards for History and/or Architectural History.

Noise
Impact NOI-1: Construction
activities associated with
build out of the NVCAP
could generate groundborne
vibration capable of causing
cosmetic or worse building
damage or adversely
affecting nearby sensitive
receptors.

MM NOI-1.1: Applicants for projects within the
North Ventura Coordinated Area Plan area shall
obtain a groundborne vibration study prior to the
issuance of any discretionary permits that would
allow the use of construction equipment within 22
feet or pile driving within 101 feet of existing
structures. The study shall be prepared by a qualified
professional in accordance with industry-accepted
methodology, which include the recommended
vibration assessment procedure and thresholds
provided by public agencies such as Caltrans and the
Federal Highway Administration. The study should
identify necessary construction vibration controls to
reduce both human annoyance and the possibility of
cosmetic damage. Controls shall include, but not be
limited to, the following measures:
• A list of all heavy construction equipment
to be used for this project known to
produce high vibration levels (tracked
vehicles, vibratory compaction,
jackhammers, hoe rams, etc.) shall be
submitted to the City by the contractor.

This list shall be used to identify
equipment and activities that would
potentially generate substantial vibration
and to define the level of effort for
reducing vibration levels below the
thresholds.

City of Palo Alto
PDS Department
Prior to the
issuance of
discretionary
permits for
construction
City of Palo Alto
PDS Department
Ensure that projects prepare and
submit a groundborne vibration
study by a qualified professional
Prior to project
approval

NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR

CITY OF PALO ALTO

MITIGATION MONTIORING AND REPORTING PROGRAM
10 JUNE 2024
Environmental Impact Mitigation Measure
Implementation
Responsibility
Implementation
Timing
Monitoring
Responsibility Monitoring Action
Monitoring
Frequency
• Place operating equipment on the
construction site as far as possible from
vibration-sensitive receptors.
• Use smaller equipment to minimize
vibration levels below the limits.
• Avoid using vibratory rollers and tampers
near sensitive areas.
• Select demolition methods not involving
impact tools.
• Modify/design or identify alternative
construction methods to reduce vibration
levels below the limits.
• Avoid dropping heavy objects or materials.

Tribal Cultural Resources
Impact TCR-1: Future
projects proposed under the
North Ventura Coordinated
Area Plan could potentially
result in impacts to
undiscovered tribal cultural
resources.

MM TCR-1.1: Cultural Sensitivity Training. Prior to
issuance of any grading permit, the project applicant
shall be required to submit evidence that a Cultural
Awareness Training program has been provided to
construction personnel. The training shall be
facilitated by a qualified archaeologist in
collaboration with a Native American representative
registered with the Native American Heritage
Commission for the City of Palo Alto and that is
traditionally and culturally affiliated with the
geographic area as described in Public Resources
Code Section 21080.3.

City of Palo Alto
PDS Department
Prior to the
issuance of any
grading permit
City of Palo Alto
PDS Department
Ensure that projects submit
evidence that a Cultural
Awareness Training program has
been provided to construction
personnel.

Prior to issuance
of any grading
permit

MM TCR-1.2: Sub-Surface Monitoring. Prior to
issuance of any tree removal, grading, demolition,
and/or building permits or activities, the applicant
shall notify the Director of Planning, of grading and
construction dates and activities that require a
qualified archeologist and Native American monitor
to be present on the project site. The City shall then
notify the tribe via email correspondence 10 days
prior to any grading or construction activities. If the City of Palo Alto
PDS Department
Prior to the
issuance of any
tree removal,
grading,
demolition,
and/or building
permits or
activities
City of Palo Alto
PDS Department
Ensure that projects incorporate
a qualified archaeologist and
Native American monitor to be
present during earthmoving
activities including, trenching,
initial or full grading, scraping or
blading, lifting of foundation,
boring, drilling, or major
landscaping.

Prior to issuance
of any grading
permit

NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR

CITY OF PALO ALTO

MITIGATION MONITORING AND REPORTING PROGRAM
NORTH VENTURA COORDINATED AREA PLAN 11
Environmental Impact Mitigation Measure
Implementation
Responsibility
Implementation
Timing
Monitoring
Responsibility Monitoring Action
Monitoring
Frequency
tribe chooses not to send a monitor or does not
respond within the 10 days, work shall continue
without the monitor.

A qualified archaeologist and a Native American
monitor, registered with the Native American
Heritage Commission for the City of Palo Alto and
that is traditionally and culturally affiliated with the geographic area as described in Public Resources
Code Section 21080.3, shall be present during
earthmoving activities including, trenching, initial or full grading, scraping or blading, lifting of foundation, boring, drilling, or major landscaping. The qualified
archaeologist and Native American monitor shall
have the authority to halt construction activities in
the event any cultural materials are encountered
during ground-disturbing construction activities. The
qualified archeologist and Native American monitor
shall keep a daily monitoring log on days that
monitoring occurs documenting construction
activities that were monitored, location of the
monitoring, and any cultural materials identified.

These daily monitoring logs shall be made available
to the City upon request.

MM TCR-1.3: Treatment Plan. In the event any
significant cultural materials are encountered during
construction, construction within a radius of 50 feet
of the find would be halted, the Director of Planning
shall be notified, and the on-site qualified
archaeologist shall examine the find and make
appropriate recommendations regarding the
significance of the find and the appropriate
treatment of the resource.

The qualified archeologist in collaboration with a
Native American monitor, registered with the Native
City of Palo Alto
PDS Department
During
construction
City of Palo Alto
PDS Department
Ensure that the qualified
archaeologist’s
recommendations are
incorporated into the treatment
plan for any encountered cultural
materials.

At the time of
the find.

NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR

CITY OF PALO ALTO

MITIGATION MONTIORING AND REPORTING PROGRAM
12 JUNE 2024
Environmental Impact Mitigation Measure
Implementation
Responsibility
Implementation
Timing
Monitoring
Responsibility Monitoring Action
Monitoring
Frequency
American Heritage Commission for the City of Palo
Alto and that is traditionally and culturally affiliated with the geographic area as described in Public
Resources Code Section 21080.3, shall prepare and
implement a treatment plan that reflects permit-
level detail pertaining to depths and locations of
excavation activities. The treatment plan shall
contain, at a minimum:

Identification of the scope of work and range of
subsurface effects (including location map and
development plan), including requirements for
preliminary field investigations.

Description of the environmental setting (past and
present) and the historic/prehistoric background of
the parcel (potential range of what might be found).

Monitoring schedules and individuals.

Development of research questions and goals to be
addressed by the investigation (what is significant vs. what is redundant information).

Detailed field strategy to record, recover, or avoid
the finds and address research goals.

Analytical methods.

Report structure and outline of document contents.

Disposition of the artifacts.

Security approaches or protocols for finds.

Appendices: all site records, correspondence, and
consultation with Native Americans, etc.

The treatment plan shall utilize data recovery
methods to reduce impacts on subsurface resources.

The treatment plan must be reviewed and approved
by the Director of Planning, or the Director’s
designee prior to implementation of the plan.

MM TCR-1.4: Evaluation. The project applicant shall
notify the Director of Planning, Native American
City of Palo Alto
PDS Department
During
construction
City of Palo Alto
PDS Department
Ensure that any historic or
prehistoric material identified in
At the time of
the find.

NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR

CITY OF PALO ALTO

MITIGATION MONITORING AND REPORTING PROGRAM
NORTH VENTURA COORDINATED AREA PLAN 13

Environmental Impact Mitigation Measure
Implementation
Responsibility
Implementation
Timing
Monitoring
Responsibility Monitoring Action
Monitoring
Frequency
Monitor, and Archeological Monitor, of any finds
during grading or other construction activities. Any
historic or prehistoric material identified in the
project area during excavation activities shall be
evaluated for eligibility for listing in the California Register of Historic Resources as determined by the
California Office of Historic Preservation. Data
recovery methods may include, but are not limited
to, backhoe trenching, shovel test, hand auguring,
and hand-excavation. The techniques used for data
recovery shall follow the protocols identified in the
approved treatment plan. Data recovery shall
include excavation and exposure of features, field
documentation, and recordation. All documentation
and recordation shall be submitted to the Northwest
Information Center, and the Director of Planning.
the project area during
excavation activities shall be
evaluated for eligibility for listing
in the California Register of
Historic Resources as determined
by the California Office of Historic
Preservation.

NORTH VENTURA COORDINATED AREA PLAN FINAL SUPPLEMENTAL EIR

CITY OF PALO ALTO

MITIGATION MONTIORING AND REPORTING PROGRAM
14 MAY 2024

Palo Alto City CouncilJune 18, 2024

Palo Alto City Council
June 18, 2024