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Resolution 18186 North Bayshore Precise Plan Environmental Impact Report
CITY OF MOUNTAIN VIEW CITY COUNCIL RESOLUTION NO. 18186 SERIES 2017 A RESOLUTION CERTIFYING THE NORTH BAYSHORE PRECISE PLAN SUBSEQUENT FINAL ENVIRONMENTAL IMPACT REPORT, INCLUDING ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, MITIGATION MEASURES, AND A MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq., the City of Mountain View (City) has prepared a Final Subsequent Environmental Impact Report (SEIR) for the amended North Bayshore Precise Plan; hereinafter "Project"; and WHEREAS, the Environmental Planning Commission held a duly noticed public hearing on November 15, 2017 and recommended that the City Council certify the SEIR, including related actions; and WHEREAS, the City prepared and circulated a Draft EIR for the Project for the requisite 45 -day public comment period, which ended on April 17, 2017, and gave all public notices in the manner and at the times required by law; and WHEREAS, the response to comments and EIR text revisions, together with the Draft EIR, comprise the SEIR and were made available to the public on November 2, 2017; and WHEREAS, the SEIR identifies certain significant effects on the environment that would result from the implementation of the Project; and WHEREAS, the SEIR identifies mitigation measures which, when implemented, will substantially lessen or avoid the significant effects on the environment caused by the Project, with the exception of the significant unavoidable impacts to 18 intersections, 74 freeway segments during the a.m. peak hour and 84 freeway segments during the p.m. peak hour, transit vehicle delay at intersections, greenhouse gas emissions, and cumulative transportation and greenhouse gas emissions impacts; and WHEREAS, a Statement of Overriding Considerations has been prepared for the Project, which balances benefits of the Project against its unavoidable adverse environmental affects, and was presented to the Environmental Planning Commission on November 15, 2017 and the City Council on December 12, 2017; and WHEREAS, the SEIR identifies and analyzes alternatives to the Project; and WHEREAS, the Mitigation Monitoring or Reporting Program has been prepared pursuant to CEQA to monitor the changes to the Project which the lead agency has approved in conjunction with certification of the SEIR in order to mitigate or avoid significant effects on the environment; and WHEREAS, the City Council held a duly noticed public hearing on December 12, 2017 to consider the Environmental Planning Commission's recommendation and the SEIR, and has reviewed associated staff reports, meeting minutes, testimony, and evidence constituting the record of proceedings; -1- NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mountain View hereby: 1. Certifies the Final SEIR, attached hereto as Exhibit A, which has been completed in compliance with CEQA and reflects the independent judgment and analysis of the City; and 2. Adopts the Findings of Fact and Statement of Overriding Considerations which is supported by substantial evidence in the record for the Project, attached hereto as Exhibit B, which findings are incorporated by reference herein; and 3. Adopts all of the feasible mitigation measures identified and described in the SEIR and determines that the Project, as mitigated, will avoid or reduce all of the significant adverse impacts to a less -than -significant level, with the exception of the significant unavoidable impacts to 18 intersections, 74 freeway segments during the a.m. peak hour and 84 freeway segments during the p.m. peak hour, transit vehicle delay at intersections, greenhouse gas emissions, and cumulative transportation and greenhouse gas emissions impacts, which significant unavoidable impacts are considered acceptable because these unavoidable adverse environmental effects are outweighed by the benefits of the Project as set forth in the Statement of Overriding Considerations; and 4. Finds that the alternatives identified and analyzed in the SEIR cannot achieve the Project objectives to the same degree as the Project, and do not represent substantial environmental benefits over the Project and are, therefore, rejected as infeasible, within the meaning of CEQA, in favor of the Project; and 5. Adopts a Mitigation Monitoring and Reporting Program, attached hereto as Exhibit C. TIME FOR IUDICIAL REVIEW: The time within which judicial review of this document must be sought is governed by California Code of Procedure Section 1094.6 as established by Resolution No. 13850 adopted by the City Council on August 9, 1983 and the California Public Resources Code Section 21167. -2- The foregoing Resolution was regularly introduced and adopted at a Regular Meeting of the City Council of the City of Mountain View, duly held on the 12th day of December 2017, by the following vote: AYES: Councilmembers Abe-Koga, Clark, Matichak, McAlister, Showalter, Vice Mayor Siegel, and Mayor Rosenberg NOES: None ABSENT: None ATTEST: ORRIE REWER, MMC TY CL RK APPROVED: 1 do hereby certify that the foregoing resolution was passed and adopted by the City Council of the City of Mountain View at a Regular Meeting held on the 12th day o ece ber 2017, by the foregoing vote. . - t— &i= City Cl\,k City of A40untain View MA/3/RESO IkI-j 891 -12 -12 -17r -E-1 Exhibits: A. Final SEIR B. Statement of Overriding Considerations C. Mitigation Monitoring or Reporting Program -3- The following is a link to the NORTH BAYSHORE PRECISE PLAN FEIR hqp://www mountainview eovldotslcomdeylplanninglactivgproiectslnorthbayshore /north bays hore precise plan eir appendices.asp FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE NORTH BAYSHORE PRECISE PLAN PROJECT SUBSEQENT ENVIRONMENTAL IMPACT REPORT CITY OF MOUNTAIN VIEW NOVEMBER 2017 Findings of Fact INTRODUCTION To support a decision on a project for which an environmental impact report (EIR) is prepared, a lead or responsible agency must prepare written findings of fact (Findings) for each significant effect on the environment identified in the EIR (Section 21081 of the Public Resources Code). The City of Mountain View, as the lead agency, has prepared these Findings for the amended North Bayshore Precise Plan Project. The Findings must be adopted by the Mountain View City Council. Public Resources Code Section 21081 states that no public agency shall approve or carry out a project for which an EIR that has been certified identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The State California Environmental Quality Act (CEQA) Guidelines (Title 14, California Code of Regulations, Section 15091), list the possible Findings as follows: Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the environmental impact report. CEQA Guidelines Section 15093 further provides: (a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits, including region -wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits, including region -wide or statewide environmental benefits, of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects North Bayshore Precise Plan Project - 1 - November 2017 Findings of Fact and Statement of Overriding Considerations may be considered "acceptable." PROJECT BACKGROUND AND OVERVIEW The proposed project consists of City -initiated revisions to the Mountain View 2030 General Plan and P(39) North Bayshore Precise Plan zoning district to allow residential uses, in addition to office and commercial uses. The adopted North Bayshore Precise Plan was designed to provide a vision and guiding principles, development standards, and design guidelines for the properties in this area, in conformance with the 2030 General Plan vision for North Bayshore. The project proposes to amend the Mountain View 2030 General Plan to allow an increase in residential uses, consistent with the proposed revisions to the North Bayshore Precise Plan. Up to 9,850 new multi -family residential units would be allowed under the amended 2030 General Plan and North Bayshore Precise Plan, in addition to 3.6 million square feet of office and commercial development. The project area could also include new or enhanced parks and trails, and new public streets. The proposed residential uses would be located in the central portion of the Precise Plan area, and would have a 2030 General Plan land use designation of either North Bayshore Mixed -Use or Mixed -Use Center. The existing North Bayshore Residential Uses Boundary would be removed from the General Plan land use map. The project does not include a specific development proposal at this time. If the Council certifies the Final SEIR and approves the amended North Bayshore Precise Plan, future development proposals would be subject to City review and additional public hearings. The approvals required for a future development project could include Demolition Permits, a Master Plan, Development Review Permits, Planned Community Permits, Tentative Map Permits, Grading Permits and Heritage Tree Removal Permits. In accordance with CEQA Guidelines, a Notice of Preparation (NOP) was circulated to the public and responsible agencies for input regarding the analysis in the Draft SEIR from March 22 through April 20, 2016, and a public SEIR scoping session for the project was held on April 11, 2016. The Draft SEIR was circulated for public review for a 45 -day comment period, which commenced on March 2, 2017 and ended on April 17, 2017 (Citation 1). Formal written responses to each of the comments received during the comment period are included in the Final SEIR as well as text revisions to the DSEIR. No substantial changes to the DSEIR were required, and the Final SEIR includes the entire DSEIR by reference. The Final SEIR was made available to the public on November 3, 2017. North Bayshore Precise Plan Project - 2 - November 2017 Findings of Fact and Statement of Overriding Considerations RECIRCULATION NOT REQUIRED An EIR is adequate as long as it provides specific response to all specific questions about significant environmental issues, and as long as the EIR, as a whole, reflects a good faith effort at full disclosure. "Recirculation is not required where the new information added to an EIR merely clarifies or amplifies or makes insignificant modification in an adequate EIR." (CEQA Guidelines Section 15088.5(a).) The SEIR is not inadequate nor did any of the commenters disclose any new significant information that would require recirculation of the SEIR. No new significant or substantially more severe environmental impacts have been identified that would result from the Project or from an alternative or a new mitigation measure proposed as part of the Project. Moreover, no new feasible mitigation measures or alternatives have been identified that are considerably different from others previously analyzed and would clearly lessen the significant environmental impacts of the Project that the City and the applicant have declined to implement. All of the responses to comments contained in this Final SEIR merely provide information that clarifies and amplifies the evaluation of impacts contained in the Draft SEIR. INCORPORATION BY REFERENCE The Final SEIR is hereby incorporated into these Findings in its entirety. Without limitation, this incorporation is intended to elaborate on the comparative analysis of alternatives, the basis for determining the significance of impacts, the scope and nature of mitigation measures, and the reasons for approving the project. RECORD OF PROCEEDINGS Various documents and other materials constitute the record of proceedings upon which the City Council bases its findings and decisions contained herein, including, without limitation, the Draft SEIR, and the Final SEIR. The documents related to the project are located in the offices of the City of Mountain View, Community Development Department, 500 Castro Street, Mountain View, California, 94039. FINDINGS These Findings are based on substantial evidence contained in the Final SEIR for the amended Bayshore Precise Plan Project, relevant technical studies supporting the SEIR's analysis, and other supporting documentation included in the administrative record. As previously stated, the DSEIR addresses the potential effects on the environment that are associated with the project, and the Final SEIR includes the DSEIR comments received on the DSEIR and text revisions to the DSEIR. These documents, as well as relevant technical studies, are available North Bayshore Precise Plan Project - 3 - November 2017 Findings of Fact and Statement of Overriding Considerations for review at the City of Mountain View Community Development Department. This section provides a summary of the significant environmental effects of the project that are discussed in the SEIR, and provides written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. SUMMARY OF IMPACTS The Final SEIR indicated that significant effects on the environment to the following environmental resources would occur if the project were implemented: • Air Quality (Construction Dust and Diesel Exhaust) • Air Quality (Toxic Air Contaminants, Construction) • Air Quality (Toxic Air Contaminants, Operations) • Biological Resources (Bridge Construction) • Greenhouse Gas Emissions (Operations) • Greenhouse Gas Emissions (Consistency with Plans) • Hazardous Materials (Existing Contamination) • Noise and Vibration (Groundborne Vibration) • Transportation (Intersections) • Transportation (Freeways) • Transportation (Transit Vehicle Operations) • Cumulative Greenhouse Gas Emissions • Cumulative Transportation (Intersections) • Cumulative Transportation (Freeways) • Cumulative Transportation (Transit Vehicle Operations) Of the environmental impacts listed above, air quality, biological resources, hazardous materials, noise and vibration, and several intersection impacts would be reduced to less than significant levels through the incorporation of mitigation measures into the project. A Statement of Overriding Consideration has been prepared for the remaining significant, unavoidable impacts to transportation, greenhouse gas emissions, and cumulative greenhouse gas emissions and transportation impacts listed on the following pages. The mitigation measures are listed under each of the impacts below and are included in a Mitigation Monitoring and Reporting Program (MMRP), which has been prepared separately from these findings (Citation 2). North Bayshore Precise Plan Project -4- November 2017 Findings of Fact and Statement of Overriding Considerations Significant Effects on the Environment that are Mitigated to Less -Than -Significant Levels The Final SEIR identifies significant adverse impacts that are reduced to a less -than -significant level by the mitigation measures identified in the Final SEIR. It is hereby determined that the significant environmental impacts, which these mitigation measures address, will be avoided or mitigated to a less -than -significant level by incorporation of the described mitigation measures into the project. AIR QUALITY IMPACTS Impact AQ -2: Unless properly controlled, project construction activities could result in impacts as a result of temporary dust from activities and diesel exhaust from construction equipment. Mitigation The following mitigation measures are included in the project to reduce emissions during project construction to a less than significant level. MM AO -2.1: Measures to reduce diesel particulate matter (DPM) and PMio from construction shall be implemented to ensure that short-term health impacts to nearby sensitive receptors are avoided. • Water all active construction areas at least twice daily and more often during windy periods. Active areas adjacent to residences should be kept damp at all times. • Cover all hauling trucks or maintain at least two feet of freeboard. • Pave, apply water at least twice daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas. • Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas and sweep streets daily (with water sweepers) if visible soil material is deposited onto the adjacent roads. • Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (i.e., previously -graded areas that are inactive for 10 days or more). • Enclose, cover, water twice daily, or apply (non-toxic) soil binders to exposed stockpiles. • Limit traffic speeds on any unpaved roads to 15 mph. • Replant vegetation in disturbed areas as quickly as possible. • Suspend construction activities that cause visible dust plumes to extend beyond the construction site. • Post a publically visible sign(s) with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective North $ayshore Precise Plan Project - 5 - November 2017 Findings of Fact and Statement of Overriding Considerations action within 48 hours. The BAAQMD phone number shall also be visible to ensure compliance with applicable regulations. MM AO -2.2: The following additional measures to reduce exhaust emissions from large construction projects shall be implemented: • The developer or contractor shall provide a plan for approval by the City or BAAQMD demonstrating that the heavy-duty (>50 horsepower) off-road vehicles to be used in the construction project, including owned, leased, and subcontractor vehicles, will achieve a project wide fleet -average 20 percent NOX reduction and 45 percent particulate reduction compared to the most recent CARB fleet average for the year 2011. • Clear signage at all construction sites will be posted indicating that diesel equipment standing idle for more than five minutes shall be turned off. This would include trucks waiting to deliver or receive soil, aggregate, or other bulk materials. Rotating drum concrete trucks could keep their engines running continuously as long as they were onsite or adjacent to the construction site. • The contractor shall install temporary electrical service whenever possible to avoid the need for independently powered equipment (e.g. compressors). • Properly tune and maintain equipment for low emissions. Finding Mitigation measures have been incorporated into the project that avoid or reduce this significant air quality impact to a less than significant level. The City of Mountain View hereby finds that implementation of the mitigation measures described above are feasible and are hereby adopted and incorporated into the project. Adoption of these mitigation measures will reduce the significant construction air quality impact to a less than significant level by requiring mitigation measures of future development under the Precise Plan. Impact AQ -3: Health risks associated with exposure to TACs during temporary construction activities could significantly impact sensitive receptors. Mitigation The following mitigation measure is included in the project to reduce TAC emissions impacts during future construction of projects under the Precise Plan to a less than significant level. MM AO -3.1: Construction health risk assessments shall be required on a project -by -project basis, either through screening or refined modeling, to identify impacts and, if necessary, North Bayshore Precise Plan Project - 6 - November 2017 Findings of Fact and Statement of Overriding Considerations include effective mitigation measures to reduce exposure and significant risks to health, based upon BAAQMD-recommended thresholds for TACs (e.g., 10 in one million cancer cases). Reduction in health risk can be accomplished through, though is not limited to, the following measures: • Construction equipment selection; • Use of alternative fuels, engine retrofits, and added exhaust devices; • Modify construction schedule; and • Implementation of BAAQMD Basic and/or Additional Construction Mitigation Measures for control of fugitive dust. Finding Mitigation measures have been incorporated into the project that avoid or reduce this significant air quality impact to a less than significant level. The City of Mountain View hereby finds that implementation of the mitigation measure described above is feasible and it is hereby adopted and incorporated into the project. Adoption of this mitigation measure will reduce the significant air quality impact from toxic air contaminants to a less than significant level by requiring project -specific evaluation of potential pollutants from proposed projects or which would expose sensitive users to significant pollutant concentrations and require mitigation of such exposure consistent with BAAQMD and City standards. Impact AQ -4: Health risks associated with exposure to TACs as a result of operation of future uses could significantly impact sensitive receptors. Mitigation The following mitigation measure is included in the project to reduce potential future operational TAC emissions in the Precise Plan are to a less than significant level. MM A04.1: The following measures shall be utilized in site planning and building designs to reduce TAC and PM2.5 exposure where new sensitive receptors are located within 650 feet of US 101: Future development under the Precise Plan that includes sensitive receptors (such as residences, schools, hospitals, daycare centers, or retirement homes) located within 650 feet of US 101, local roadways, and stationary sources shall require site-specific analysis to quantify the level of TAC and PM2.5 exposure. This analysis shall be conducted following procedures outlined by BAAQMD. If the site-specific analysis reveals significant exposures, such as cancer risk greater than 10 in one million acute or chronic North Bayshore Precise Plan Project - 7 - November 2017 Findings of Fact and Statement of Overriding Considerations hazards with a Hazard Index greater than 1.0, or annual PM2.5 exposures greater than 0.3 µg/m3, or a significant cumulative health risk in terms of excess cancer risk greater than 100 in one million, acute or chronic hazards with a Hazard Index greater than 10.0, or annual PM2.5 exposures greater than 0.8 µg/m3, additional measures such as those detailed below shall be employed to reduce the risk to below the threshold. If this is not possible, the sensitive receptors shall be relocated. • Future developments that would include TAC sources would be evaluated through the CEQA process or BAAQMD permit process to ensure that they do not cause a significant health risk in terms of excess cancer risk greater than 10 in one million, acute or chronic hazards with a Hazard Index greater than 1.0, or annual PM2.5 exposures greater than 0.3 µg/m3, or a significant cumulative health risk in terms of excess cancer risk greater than 100 in one million, acute or chronic hazards with a Hazard Index greater than 10.0, or annual PM2.5 exposures greater than 0.8 µg/m3. • For significant cancer risk exposure, as defined by BAAQMD, indoor air filtration systems shall be installed to effectively reduce particulate levels to a less than significant level. Project sponsors shall submit performance specifications and design details to demonstrate that lifetime residential exposures would result in less than significant cancer risks (less than 10 in one million chances or 100 in one million for cumulative sources), Hazard Index or PM2.3 concentration. • Air filtration systems installed shall be rated MERV-13 or higher and a maintenance plan for the air filtration system shall be implemented. • Trees and/or vegetation shall be planted between sensitive receptors and pollution sources, if feasible. Tree species that are best suited to trapping particulate matter shall be planted, including the following: Pine (Pinus nigra var. maritime), Cypress (X Cupressocyparis leylandii), Hybrid poplar (Populus deltoids X trichocarpa), and Redwood (Sequoia sempervirens). • Sites shall be designed to locate sensitive receptors as far as feasible from any freeways, roadways, refineries, diesel generators, distribution centers, and rail lines. • Operable windows, balconies, and building air intakes shall be located as far away from these sources as feasible. If near a distribution center, residents shall not be located immediately adjacent to a loading dock or where trucks concentrate to deliver goods. Finding Mitigation measures have been incorporated into the project that avoid or reduce this significant air quality impact to a less than significant level. The City of Mountain View hereby finds that implementation of the mitigation measures described above are feasible and are hereby adopted and incorporated into the project. Adoption of these mitigation measures will reduce the significant operational TAC emissions air quality impact to a less than significant level by requiring mitigation measures of future development under the Precise Plan. North Bayshore Precise Plan Project - 8 - November 2017 Findings of Fact and Statement of Overriding Considerations BIOLOGICAL RESOURCES IMPACTS Impact BIO -10: Construction of a bridge across Stevens Creek could result in impacts to biological resources. Mitigation The following program -level mitigation measures will be required of any future bridge project to avoid and minimize impacts to biological resources. MM SIO -10.1: Nesting Birds: A qualified biologist shall be retained to conduct preconstruction nest surveys of appropriate nesting habitat prior to any construction activity during the nesting/breeding season (February 11t through August 31St). If an active nest (i.e., a nest with eggs or young, or any completed raptor nest attended by adults) is found sufficiently close to work areas to be disturbed by construction activities, the biologist, in coordination with the California Department of Fish and Wildlife, shall determine the extent of a disturbance -free buffer zone to be established around the nest. These requirements are detailed in the standards and guidelines in Section 5.3 of the Precise Plan (refer to Section 4.3.4.5 of the Draft SEIR). MM BI0-10.2: Burrowing Owl:r Prior to construction, staging, or site preparation activities, a qualified biologist will conduct a preconstruction survey for burrowing owl. Because burrowing owls occupy burrows year-round, the survey will be required regardless of the time of year. The biologist will coordinate with City and NASA biologists prior to conducting surveys. The purpose of the preconstruction survey is to document the presence or absence of burrowing owls on the project site and within 250 feet of construction activity. To maximize the likelihood of detecting owls, the preconstruction survey will last a minimum of three (3) hours. The survey will begin one (1) hour before sunrise and continue until two (2) hours after sunrise or begin two hours before sunset and continue until one hour after sunset. Additional time may be required for large project sites. A I Please note: Program -level mitigation measures for impacts to burrowing owls have been updated to be consistent with the preconstruction survey requirements included in the Santa Clara Valley Habitat Plan. North Bayshore Precise Plan Project - 9 - November 2017 Findings of Fact and Statement of Overriding Considerations minimum of two surveys will be conducted (if owls are detected on the first survey, a second survey is not needed). All owls observed will be counted and their locations will be mapped. Surveys will conclude no more than two (2) calendar days prior to construction. Therefore, the project proponent must begin surveys no more than four (4) days prior to construction (two days of surveying plus up to two days between surveys and construction). To avoid last-minute changes in schedule or contracting that may occur if burrowing owls are found, the project proponent may also conduct a preliminary survey up to 14 days before construction. This preliminary survey may count as the first of the two required surveys as long as the second survey concludes no more than two (2) calendar days in advance of construction. If evidence of burrowing owls is found during the breeding season (February 1—August 31), the project will avoid all nest sites that could be disturbed by project construction during the remainder of the breeding season or while the nest is occupied by adults or young (occupation includes individuals or family groups foraging on or near the site following fledging). Avoidance will include establishment of a 250 -foot non -disturbance buffer zone around nests. Construction may occur outside of the 250 -foot non- disturbance buffer zone. Construction may occur inside of the 250 -foot non -disturbance buffer during the breeding season if: — The nest is not disturbed, and — The project proponent develops an avoidance, minimization, and monitoring plan that will be reviewed by the Habitat Agency and the Wildlife Agencies prior to project construction based on the following criteria. — The Habitat Agency and the Wildlife Agencies approve of the avoidance and minimization plan provided by the project proponent. — A qualified biologist monitors the owls for at least three (3) days prior to construction to determine baseline nesting and foraging behavior (i.e., behavior without construction). — The same qualified biologist monitors the owls during construction and finds no change in owl nesting and foraging behavior in response to construction activities. — If there is any change in owl nesting and foraging behavior as a result of construction activities, these activities will cease within the 250 -foot buffer. Construction cannot resume within the 250 -foot buffer until the adults and juveniles from the occupied burrows have moved out of the project site. — If monitoring indicates that the nest is abandoned prior to the end of nesting season and the burrow is no longer in use by owls, the non -disturbance buffer zone may be North Bayshore Precise Plan Project _10- November 2017 Findings of Fact and Statement of Overriding Considerations removed. The biologist will excavate the burrow to prevent reoccupation after receiving approval from the Wildlife Agencies. The Habitat Agency and the Wildlife Agencies have 21 calendar days to respond to a request from the project proponent to review the proposed avoidance, minimization, and monitoring plan. If these parties do not respond within 21 calendar days, it will be presumed that they concur with the proposal and work can commence. If evidence of burrowing owls is found during the non -breeding season (September 1 - January 31), the project will establish a 250 -foot non -disturbance buffer around occupied burrows as determined by a qualified biologist. Construction activities outside of this 250 -foot buffer are allowed. Construction activities within the non -disturbance buffer are allowed if the following criteria are met in order to prevent owls from abandoning important overwintering sites. - A qualified biologist monitors the owls for at least three (3) days prior to construction to determine baseline foraging behavior (i.e., behavior without construction). - The same qualified biologist monitors the owls during construction and finds no change in owl foraging behavior in response to construction activities. - If there is any change in owl foraging behavior as a result of construction activities, these activities will cease within the 250 -foot buffer. - If the owls are gone for at least one (1) week, the project proponent may request approval from the Habitat Agency that a qualified biologist excavate usable burrows to prevent owls from reoccupying the site. After all usable burrows are excavated, the buffer zone will be removed and construction may continue. • Based on the avoidance, minimization, and monitoring plan developed, during construction, the non -disturbance buffer zones will be established and maintained as applicable. A qualified biologist will monitor the site consistent with the requirements described above to ensure that buffers are enforced and owls are not disturbed. The biological monitor will also conduct training of construction personnel on avoidance procedures, buffer zones, and protocols in the event that a burrowing owl enters an active construction zone. If impacts to occupied burrowing owl burrows shall be avoided to the greatest extent feasible. Passive relocation of burrowing owls is prohibited until positive growth trends described in Section 5.4.6 of the SCVHP have been achieved. Once the burrowing owl positive growth trend included in the SCVHP occurs, passive relocation of owls may occur with the approval of the Wildlife Agencies (CDFW and USFWS), on project sites during the non -breeding season (September 1 -January 31) if mitigation measures North Bayshore Precise Plan Project -11- November 2017 Findings of Fact and Statement of Overriding Considerations described above do not allow for work to continue. Passive relocation would only be proposed if the occupied burrow needed to be removed or had the potential to collapses as a result of construction activities. The project may apply for an exception to the passive relocation prohibition if owls continually persist on a site where avoidance is not feasible. Exceptions may be requested through the application process described in Section 6.8 of the SCVHP and must be reviewed and approved by the SCVHP Habitat Agency and Wildlife Agencies. MM BI0-10.3: Hoary Bat Maternity Roosts A qualified biologist will examine all trees that could contain potential maternity roosts of hoary bats within 100 feet of all proposed construction activities. Surveys for maternity roosts of hoary bats will take place no more than 30 days before any initial vegetation, woody debris, or tree removal or other initial ground -disturbing activities during the period of April 1,1 to August 31St. If a hoary bat with young is observed roosting, a buffer will be established by a qualified biologist (typically 50 feet, or as otherwise determined dependent upon the habitat present and proposed level of disturbance). MM BIO -10.4: Central California Coast Steelhead and Central Valley Fall -run Chinook Salmon. • All construction activities that require dewatering or pile driving within Stevens Creek will be limited to the summer low flow period (June 1 to October 15). • Night lighting on the bridge will be minimized, with the exception of lighting needed for safety and compliance with regulations. To the extent feasible, all lighting will be directed at the bridge deck (not outwards into natural areas). Before any construction activities begin, a qualified biologist will conduct a training session for all construction personnel. At a minimum, the training will include a description of the Central California Coast steelhead, the Central Valley fall -run Chinook salmon, and their habitat, the importance of these species, the general measures that are being implemented to conserve them as they relate to the project, their legal protections, and the boundaries within which the project may be accomplished. If cofferdams are necessary, then during cofferdam installation, a block net will be positioned at the upstream end of the reach to be dewatered. Where feasible (e.g., where the channel configuration permits), and where sufficient water to support fish is present downstream from the dewatering area, two biologists will then walk from this net in a North Bayshore Precise Plan Project -12- November 2017 Findings of Fact and Statement of Overriding Considerations downstream direction while carrying a block net or nets in order to encourage fish to move downstream and out of the area to be dewatered. The downstream block net will then be positioned to prevent fish from re-entering the dewatering area. The cofferdam will then be constructed. If insufficient water is present downstream from the dewatering area to support fish, then fish will be relocated to another location providing suitable conditions for fish as described in the next bullet. A qualified biologist will be present during dewatering to relocate all native fish to a suitable habitat location as needed. Within the area to be dewatered, any fish remaining in the work area will be captured by seine, dip net, and/or electrofisher, and then transported and released to suitable in stream locations outside of the work area. All captured fish will be kept in cool, shaded, aerated water protected from excessive noise, jostling, or overcrowding any time they are not in the stream, and fish will not be removed from this water except when released. To avoid predation, the biologist will use at least two containers to separate young -of -year fish from larger age -classes and other potential aquatic predators. Captured salmonids will be relocated, as soon as possible, to an instream location in which suitable habitat conditions are present to allow for adequate survival of transported fish and fish already present. • All pumps used for dewatering where salmonids may be present will be screened according to the National Marine Fisheries Service (NMFS) criteria for juvenile salmonids. Following construction of the temporary cofferdam, water shall be released or pumped downstream at an appropriate rate to maintain downstream flows during construction. Upon completion of construction activities, any barriers to flow shall be removed in a manner that will allow flow to resume with the least disturbance to the substrate. According to the Fisheries Hydroacoustic Working Group (2008), fish may be injured or killed when underwater pile driving sound levels exceed the peak threshold of 206 decibels (dB) or cumulatively exceeds 187 dB sound exposure level. With conservative estimates, only where impact pile driving occurs within 20 feet of aquatic habitat in Stevens Creek could underwater sound levels cumulatively exceed the 187 dB sound exposure level threshold. Thus, the project will site the dewatering area to extend a minimum of 30 feet from pile driving locations to avoid the injury or death of special - status fish due to pile driving. No pile driving will occur within 30 feet of aquatic habitat in Stevens Creek. MM BIO -10.5: Western fond Turtle North Bayshore Precise Plan Project -13- November 2017 Findings of Fact and Statement of Overriding Considerations If vegetation or tree removal or other initial ground -disturbing activities will begin during the western pond turtle nesting season (April 15t through July 31"), a qualified biologist will examine the study area for pond turtles and their nests 48 hours before proposed activities begin. If impacts within the study area occur in the bed and banks of Stevens Creek, a preconstruction survey for western pond turtles will be conducted within 48 hours prior to the start of work year-round. If a western pond turtle is observed within the work area at any time before or during proposed project activities, all activities will cease until such time that either (1) the pond turtle leaves the area or (2) the qualified biologist can capture and relocate the animal to suitable habitat away from construction activity. MM BIO -10.6: Wetland and Aquatic Habitats. • All temporary and permanent impacts on wetland and riparian habitats within the bed and banks of Stevens Creek will be avoided to the extent feasible. • All construction staging shall be above the top of bank and outside the riparian canopy of Stevens Creek. • An assessment of impacts (jurisdictional delineation) shall be completed prior to any construction activities that maps all wetlands and streams impacted by ground disturbance, access, fill, and structure placement. All wetlands that will be permanently impacted by construction or through shading from the new bridge deck will be mitigated through the purchase of credits at a wetland mitigation bank at 1:1 ratio or through the creation or restoration of wetlands at a 2:1 ratio. Any loss of non -wetland stream habitat from permanent fill placed within the ordinary high water mark of the stream will be mitigated through purchase of credits or creation of similar aquatic habitat at a 1:1 ratio. • Created or restored wetlands or aquatic habitat will be designed and monitored in accordance with a wetlands mitigation and monitoring plan (MMP) that includes specific success criteria and monitoring for at least five years. The plan would be subject to approval by the City. The MMP will be prepared by a qualified restoration ecologists. • Regulatory permits will be required for all impacts to wetland and streams from the USACE, RWQCB, and CDFW. The construction of a bridge would comply with all permit conditions required by these approvals. MM BIO -10.7: Riparian Habitat and Trees. The project will be designed to minimize impacts to riparian habitat to the maximum extent practicable. Trees to be removed as well as trees to be avoided, as determined by a qualified arborist, will be clearly marked on the project plans. Trees to be avoided will be protected during North Bayshore Precise Plan Project -14- November 2017 Findings of Fact and Statement of Overriding Considerations construction by a tree protection zone fence placed around the drip line of the tree, as determined by a qualified arborist. Riparian tree removal should be carefully considered on an individual tree basis and in coordination with the City. Riparian trees that will be permanently removed shall be mitigated by providing in-kind riparian plantings at a 5:1 ratio for oaks 16 inches in diameter at breast height (dbh) or greater and 3:1 for smaller oaks and all other native riparian tress. A mitigation and monitoring plan (MMP) shalt be prepared by a qualified biologist that describes the location, manner of planning, planting species, success criteria, and a reporting schedule covering at least 10 years of post -planting monitoring. The MMP will be developed by a qualified biologist and approved by the City. Regulatory permits will be required for all impacts to riparian habitat from the CDFW and the RWQCB. The construction of a bridge would comply with all permit conditions required by these approvals. MM 13I0-10.8: Heritage Trees • Trees that will be removed during construction of the project will be surveyed by a qualified arborist. A tree report shall be and a tree preservation and mitigation plan will be produced and implemented to avoid impacts to City regulated trees. MM BIO -10.9: Invasive Plants Invasive non-native plants shall not be used in any landscaping. Any imported soil used for landscaping must be certified as weed -free. Erosion control materials that contain hay or other dried plant materials must be certified weed -free. Any construction equipment operating within 250 feet of jurisdictional wetlands or other sensitive habitats shall be washed off-site to remove potential weed seeds prior to use. MM BIO -10.10: Water Quality • Construction activities shall conform to the permit requirements specified in the State of California Construction General Stormwater Permit. This includes filing of a notice of intent and preparation of a stormwater pollution prevention plan (SWPPP) and implementation of best management practices (BMPs) to reduce stormwater runoff. • Post -construction stormwater controls will be installed in accordance with the Santa Clara Valley Urban Runoff Pollution Program, implemented pursuant to the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit. North Bayshore Precise Plan Project -15- November 2017 Findings of Fact and Statement of Overriding Considerations • BMP's and post -construction water quality measures will be reviewed and approved by the NASA Ames Environmental Management Division and the City of Mountain view Public Works. • All areas disturbed by construction on the banks of Stevens Creek will be seeded following construction with a native grassland -type seed mix. • If construction equipment access is required within the bed of Stevens Creek or construction activities could result in materials falling into the creek, the creek channel work area shall be dewatered. A dewatering plan shall be prepared if dewatering is necessary. • All construction work within the banks of Stevens Creek shall be restricted to the dry season between April 15 and October 15. Findin Mitigation measures have been incorporated into the project that avoid or reduce this significant biological resources impact to a less than significant level. The City of Mountain View hereby finds that implementation of the mitigation measures described above are feasible and they are hereby adopted and incorporated into the project. Adoption of these mitigation measures will reduce the significant biological resources impact from construction of a bridge across Stevens Creek to a less than significant level by requiring project -specific evaluation of a proposed bridge and implementation of appropriate mitigation. Impact BIO -11: Construction of a Charleston Road and/or La Avenida Avenue Bridge could result in in bird strikes from avian collisions with bridge structures. Mitigation MM BIO -11.1: The following program -level mitigation measure would be required of any future bridge project to avoid and minimize potential impacts from bird strikes and to reduce the risk of avian collisions with a bridge. • No power lines shall be suspended above the bridge deck • High reflective surfaces will not be used. • Night lighting on the bridge will be minimized, with the exception of lighting needed for safety and compliance with regulations. To the extent feasible, all lighting will be directed at the bridge deck (not outwards into natural areas). • If suspension cables are proposed, then spiral -shaped Bird Flight Diverters (BFDs), shall be installed on all suspension cables on the bridge. The BFDs shall be designed to increase the diameter of each cable to at least eight inches over a length of at least four - to -eight inches, placed at least every 16-32 feet. A minimum of 60 percent of each cable North Bayshore Precise Plan Project -16- November 2017 Findings of Fact and Statement of Overriding Considerations will be marked with BFDs. Where multiple cables are parallel, the BFDs will be staggered to increase visual density, this strategy can be used to reduce the number of markers needed on each individual cable. Finding Mitigation measures have been incorporated into the project that avoid or reduce this significant biological resources impact to a less than significant level. The City of Mountain View hereby finds that implementation of the mitigation measure described above is feasible and it is hereby adopted and incorporated into the project. Adoption of this mitigation measure will reduce the significant biological resources impact from the potential for avian bridge strikes with bridge structures to a less than significant level by requiring project -specific evaluation of a proposed Stevens Creek bridge and implementation of appropriate mitigation. GREENHOUSE GAS EMISSIONS IMPACTS Impact GHG-1: Under the 2030 full buildout under the amended North Bayshore Precise Plan, annual service population emissions of CO2e/yr/service population would exceed the threshold of 4.5 MT of CO2e/year/service population for the Precise Plan area changes, and would also exceed the mid-term 2030 target under SB 32. This impact is, therefore, significant. Mitigation MM GHG-1.1: Bonus FAR commercial projects shall prepare an analysis of feasible energy efficiency and renewable energy, materials management, and mobility measures to reduce GHG emissions resulting from the project. Feasible measures shall be incorporated in the building design and/or TDM program. The analysis shall be prepared to the satisfaction of the Community Development Director. Measures to be considered and analyzed by applicants shall include those in the amended North Bayshore Precise Plan, including, but not limited to, the following added measures: Green Building and Design Materials Management • Super-GHGs reduction.' Use low -global warming potential (GWP) refrigerants in new building cooling systems and replacement in existing buildings when renovated. 2 Super-GHGs are defined as compounds with very high global warming potential, such as methane, black carbon, and fluorinated gases. North Bayshore Precise Plan Project -17- November 2017 Findings of Fact and Statement of Overriding Considerations • Zero -emission construction equipment (Resource Use). Existing grid power for electric energy shall be used rather than operating temporary gasoline/diesel powered generators where available. Construction projects shall also increase use of electric and renewable fuel powered construction equipment where commercially available. Other measures that may have increased GHG reduction benefits in the future include electricity produced using renewable energy and used for building heating and cooling. To systematically identify effective, feasible measures for future development, the following implementation action will be added to the amended North Bayshore Precise Plan. MM GHG-1.2: The City shall prepare a list of additional recommendations for effective GHG reductions in Transportation, Energy, and Building Operations that will be based upon adopted recommendations of CARB, BAAQMD, and relevant City policy documents. The recommendations will apply to both residential and commercial projects and are intended to reduce project GHG emissions to the point where they meet the City's adopted CGRP 2030 efficiency threshold. For residential uses in particular, potential GHG reductions relating to transportation will also include a vehicle trip reduction performance standard and/or reduced parking standard. The list of recommendations shall be updated regularly in conjunction with the review of the North Bayshore Precise Plan and/or with updates to the City's GGRP. Finding Mitigation measures have been incorporated into the project that avoid or reduce this significant greenhouse gas emissions impact, although not to a less than significant level. Given the uncertainties about the feasibility of achieving the needed 2030 timeframe emissions reductions, and despite the City's requirements for future development in North Bayshore to implement additional sustainability measures, the project's contribution to greenhouse gas emissions and climate change for the 2030 timeframe is conservatively determined to be cumulatively considerable, and significant and unavoidable. Impact GHG-3: New development will be required to implement TDM measures and other emissions -reduction features in the GGRP. The additional new residential could increase the percentage of vehicle trip internalization or increased walking or bicycling trips. However, total emissions in the North Bayshore area are projected to increase beyond those previously assumed in the City's GGRP. Therefore, implementation of the Precise Plan would conflict with plans, policies, or regulations for reducing GHG emissions adopted by the City of Mountain View. North Bayshore Precise Plan Project _18- November 2017 Findings of Fact and Statement of Overriding Considerations Finding The amended North Bayshore Precise Plan includes Standards and Guidelines for development for an area that is a model of highly sustainable and innovative development within the City of Mountain View. Based upon the GHG analysis completed for the project, however, these measures, along with adopted State regulations, would not be sufficient to avoid conflicts with plans. Mitigation measures MM GHG1.1 and GHG-1.2 outline some measures that could be used to reduce this impact, the impact would remain significant and unavoidable. Impact C-GHG-1: The amended Precise Plan would result in a significant cumulative impact to global climate change because the projected GHG emissions per service population in 2030 would exceed the average carbon -efficiency target in the City's GGRP to maintain a trajectory to meet statewide 2050 goals. These are the same impacts as those identified previously in Impact GHG-1 and Impact GHG-3. Finding The amended North Bayshore Precise Plan provides Standards and Guidelines for development for an area that is a model of highly sustainable and innovative development within the City of Mountain View. Based upon the GHG analysis completed for the project, however, these measures, along with adopted State regulations, would not be sufficient to reduce greenhouse gas emissions to a less than significant level, and therefore this impact would be significant and unavoidable. HAZARDOUS MATERIALS Impact HAZ-3: Contaminated soils and groundwater in the plan area could pose a risk to construction workers, future residents and employees, and/or the general public. Mitigation To reduce impacts from hazardous materials contamination, the following mitigation measures will be required of all future development under the Precise Plan. MM HAZ-3.1: If a future project is located in an area for which an overseeing regulatory agency (e.g., US EPA, California Department of Toxic Substances Control IDTSC]), San Francisco Bay Regional Water Quality Control Board (Water Board) or Santa Clara County Department of Environmental Health (DEH) has determined that mitigation or other site management measures are required prior to future development, the project applicant shall coordinate development activities with the overseeing regulatory agency and adhere to the North Bayshore Precise Plan Project _19- November 2017 Findings of Fact and Statement of Overriding Considerations project -specific development requirements. MM HAZ-3.2: If a future project is not located in such areas as described in MM HAZ-3.1 and as part of the building permit application process, project applicants shall prepare the following reports: • Phase I Environmental Site Assessment (ESA) - The purpose of the Phase I ESA shall be to identify Recognized Environmental Conditions (RECs), Controlled RECs or Historical RECs at the property (if any of these conditions exist). The scope of work shall be prepared in general accordance with ASTM E 1527-13 (or latest edition) titled, "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" (ASTM Standard). The ASTM Standard is in general compliance with the Environmental Protection Agency (EPA) rule titled, "Standards and Practices for All Appropriate Inquiries; Final Rule" (AAI Rule). • Phase I1 Investigation - If warranted by the findings of the Phase I ESA, a Phase II investigation shall be completed. The primary objective of this investigation shall be to evaluate the RECs identified in the Phase I ESA for the purpose of providing information regarding the nature and extent of possible contamination. The scope of work shall include soil, ground water and/or soil vapor sampling in areas of potential concern to evaluate if mitigation measures are needed to protect the health and safety of property occupants. Remedial Action Plan — If contaminants of concern (COC) are detected above the lower of the then -current DTSC, Water Board or US EPA residential screening levels,' the project applicant shall then prepare a Remedial Action Plan (RAP) that reflects the results of the above investigations and implement the RAP, including long-term operation and maintenance. Site cleanup levels presented in the RAP shall be based on a target cancer risk (TR) of 10-6 or, for non -carcinogens, a target hazard quotient (THQ) of 1.0. The lower of the then -current DTSC, Water Board or US EPA residential screening levels shall be used to interpret the TR and THQ levels or, alternatively, a site-specific human health risk assessment shall be prepared and approved by the overseeing regulatory agency. Higher cleanup goals may be acceptable to the City if approved in writing by the oversight agency. The project applicant shall provide an oversight agency's written approval of the RAP to the City. 3 Note that naturally occurring background concentrations of some metals may exceed their respective screening levels. Regulatory agencies generally do not require cleanup of contaminants in soil to below background levels. - Site specific background levels may be substituted for the published screening levels if approved by the overseeing regulatory agency. North Bayshore Precise Plan Project -20- November 2017 Findings of Fact and Statement of Overriding Considerations MM HAZ-3.3: Prior to the start of any construction activity on properties with known COC exceeding the lower of the then -current DTSC, Water Board or US EPA residential screening levelsl, the project applicant shall submit the following plans and controls to a regulatory agency for review and approval: • Air Monitoring Plan, which would assess the exposure of future on-site construction workers and neighboring occupants adjoining the site to COCs; this plan shall specify measures to be implemented if COC concentrations exceed threshold values. Vapor Intrusion Mitigation Plan, which would describe the measures to be implemented to help prevent exposure of future project occupants to VOCs in indoor air as a result of vapor intrusion. If vapor intrusion of VOCs is identified as a REC, the Vapor Intrusion Mitigation Plan shall require the project applicant to design the proposed occupied spaces with appropriate structural and engineering features to reduce risk of vapor intrusion into buildings. At a minimum, this design shall include: 1) passive sub -slab ventilation with a vapor barrier' and with the ability to convert the system from passive to active ventilation; 2) monitoring to ensure the long- term effectiveness of the remedy; and 3) the implementation of institutional controls. Other designs would be acceptable if approved in writing by the overseeing regulatory agency. The project applicant shall be required to submit the vapor intrusion remedial design and remedial action documents to an oversight agency for review and approval. Upon installation, the project applicant shall provide a Vapor Intrusion Response Action Completion Report to the oversight agency for review and approval. The report shall document installation of the vapor control measures identified in the Vapor Intrusion Mitigation Plan, including plans and specifications, and shall include a long-term operation, maintenance and monitoring plan. Long -Term Operations, Maintenance, and Monitoring Plan, which shall describe actions to be taken following construction to maintain and monitor selected remedial measures as well as a contingency plan should a remedial measure fail. Institutional Controls Implementation Plan, which shall identify non -engineered instruments of control, such as administrative and legal controls that help to minimize the potential for human exposure to contamination and/or protect the integrity of the response action. institutional Controls shall be implemented through the City's planning and permitting procedures which will ensure that the appropriate remedy is 4 The vapor barrier shall be required for new construction; it may not be feasible to install the barrier under existing buildings planned for improvements. North Bayshore Precise Plan Project -21- November 2017 Findings of Fact and Statement of Overriding Considerations applied to particular building construction. • Financial Assurance, which is proof that adequate funds are available for long-term maintenance and monitoring of the selected remedial measure. • The project applicant shall provide the oversight agency's written approval of the above plans to the City. MM HAZ-3.4: Prior to the start of any construction activity on properties with known COC exceeding the lower of the then -current DTSC, Water Board or US EPA residential screening levels, the project applicant shall coordinate work activities with the oversight agency and Responsible Parties (as designated by the oversight agency), including identifying conditions that could affect the implementation and monitoring of the approved remedy. MM HAZ-3.5: At future project sites identified as being impacted or potentially impacted during the property -specific Phase I ESA or subsequent studies, a Site Management Plan (SMP) shall be prepared prior to development activities to establish management practices for handling contaminated soil, soil vapor, or other materials during construction. The SMP shall be prepared by an Environmental Professional and be submitted to the overseeing regulatory agency for review and approval prior to construction. The project applicant shall provide the oversight agency's written approval of the SMP to the City. The SMP for the property shall include the following activities: • Property control procedures to control the flow of personnel, vehicles and materials in and out of the property. • Monitoring of vapors (if VOCs are determined to be a COC) during the removal of the underground utilities as well as any other underground features. An Environmental Professional shall be present to observe soil conditions, monitor vapors with a hand held meter and low level VOC detector, as appropriate, and determine if additional soil, soil gas, and air sampling should be performed. Protocols and procedures shall be presented for determining when soil sampling and analytical testing will be performed. If additional sampling is performed, a report documenting sampling activities (with site plans and analytical data) shall be provided to the oversight agency. • Minimization of dust generation, storm water runoff and off -property tracking of soil. • Minimization of airborne dust during demolition activities. • Management of property risks during earthwork activities in areas where impacted soil, soil vapor and/or ground water are present or suspected. Worker training requirements, health and safety measures and soil handling procedures shall be described. • Decontamination to be implemented by the Contractor to reduce the potential for construction equipment and vehicles to release contaminated soil onto public roadways North Bayshore Precise Plan Project -22- November 2017 Findings of Fact and Statement of Overriding Considerations or other off -property transfer. • Perimeter air monitoring at the property during any activity that substantially disturbs the property soil (e.g., mass grading, foundation construction, excavation or utility trenching). This monitoring shall be used to document the effectiveness of required dust and vapor control measures. • Contingency measures for previously unidentified buried structures, wells, debris, or areas of impacted soil that could be encountered during property development activities. • Characterization and profiling of soil suspected of being contaminated so that appropriate disposal or reuse alternatives can be implemented. All soil excavated and transported from the property shall be appropriated disposed at a permitted facility. • Segregation of "clean" and "impacted" soil stockpiles. • Evaluation and documentation of the quality of soil imported to the property. • Soil containing chemicals exceeding the lower of the then -current DTSC, Water Board or US EPA residential screening levels or typical background concentrations of metals shall not be accepted. • Monitoring of excavations and trenches for the potential presence of VOC vapors (if a COC). • Evaluation of the on -property soil conditions to determine if they will adversely affect the integrity of below ground utility lines and/or structures (e.g., the potential for corrosion). • Measures to reduce potential soil vapor and ground water migration through trench backfill and utility conduits (if soil and/or ground water are contaminated). Such measures shall include placement of low -permeability backfill "plugs" at specified intervals on -property and at all locations where utility trenches extend off -property. In addition, utility conduits that are placed below ground water shall be installed with water -tight fittings to reduce the potential for ground water to migrate into conduits. • If the property is known to have COCs with the potential for mobilization, a Civil Engineer shall design the bottom and sides of vegetated swales and water retention ponds to be lined with a minimum 30 mil heavy duty plastic to help prevent infiltration. • If deep foundation systems are proposed, the foundations shall incorporate measures to help reduce the potential for the downward migration of contaminated ground water (if present). • Methods to mitigate the potential for vapor intrusion of VOC vapors (if present) into the planned structures. • For construction activity that involves below ground work (e.g., mass grading, foundation construction, excavating or utility trenching), information regarding property risk management procedures (e.g., a copy of the SMP) shall be provided to the contractors for their review, and each contractor should provide such information to its subcontractors. North Bayshore Precise Plan Project -23- November 2017 Findings of Fact and Statement of Overriding Considerations If excavation dewatering is required, protocols shall be prepared to evaluate water quality and discharge/disposal alternatives; the pumped water shall not be used for on - property dust control or any other on -property use if contaminated. If long-term dewatering is required, the means and methods to extract, treat and dispose ground water also shall be presented and shall include treating/discharging ground water to the sanitary sewer under a Publicly Owned Treatment Works (POTW) permit or treating /discharging ground water to the storm drain system pursuant to a California Regional Water Quality Control Board - San Francisco Bay Region (Water Board) NPDES permit. If dewatering activities may impact known ground water contaminant plumes in the vicinity of the property, the oversight agency responsible for the remediation of these contaminant releases shall be notified of planned activities. The project applicant's Environmental Professional shall assist in the implementation of the SMP for the property and shall, at a minimum, perform part-time observation services during demolition, excavation, grading and trenching activities. Upon completion of construction activities that significantly disturb the soil, the Environmental Professional shall prepare a report documenting compliance with the SMP; this report shall be submitted to the City and to the oversight agency (if the property is under regulatory oversight - which would require the Project Applicant to provide the oversight agency's written approval of the SMP Completion Report to the City). MM HAZ-3.6: Leaving contaminated soil with COC above residential screening levels in- place or re- using it on future project sites shall require an oversight agency's written approval; the written approval shall be provided to the City. At a minimum, if contaminated soil is left in-place, a deed restriction or land use covenant shall detail the location of these soils. This document shall include a surveyed map of these impacted soils; shall restrict future excavation in these areas; and shall require future excavation be conducted in these areas only upon written approval by an oversight agency. MM HAZ-3.7: Any soil, soil vapor and/or ground water remediation of a future project site during development activities shall require written approval by an oversight agency and shall meet all applicable federal, state and local laws, regulations and requirements. MM HAZ-3.8: Due to the North Bayshore Precise Plan area's proximity to US 101, soil sampling and analytical testing on a future site adjacent to US 101 for lead shall be performed (due to historical leaded gasoline use). If lead is detected above the lower of the then -current DTSC, Water Board or US EPA residential screening levels, it should appropriately mitigated under regulatory agency oversight. MM HA7-3.9: Unless the Phase I ESA documents that a specific project site was historically North Bayshore Precise Plan Project -24- November 2017 Findings of Fact and Statement of Overriding Considerations not used for agricultural purposes, soil sampling and laboratory analyses shall be performed to evaluate the residual pesticide concentrations, if any, and potential health risks to future occupants and construction workers. MM HAZ-3.10: Soil exported from future project sites within the Precise Plan area shall be analyzed for COCs amongst other chemicals as required by the receiving facility. MM HAZ-3.11: The project applicant shall require the construction General Contractor to prepare a Health and Safety Plan (HSP) establishing appropriate protocols for working at the property. Workers conducting property earthwork activities in contaminated areas shall complete 40 -hour HAZWOPER training course (29 CFR 1910.120). The General Contractor shall be responsible for the health and safety of their employees as wells as for compliance with all applicable federal, state, and local laws and guidelines. MM HAZ-3.12: Groundwater monitoring wells and remediation system components located on future project sites within the Precise Plan area shall be protected during construction. Upon written approval from the overseeing regulatory agency, the wells could be destroyed under permit from the Santa Clara Water District prior to mass grading activities. Relocation of the wells may be required. The locations of future ground water monitoring wells and other remediation infrastructure, if any, shall be incorporated into the development plans. MM HAZ-3.13: If future project sites are under active regulatory agency oversight, the project applicant and subsequent owners and occupants shall provide access to the sites, including ongoing access to monitoring wells for monitoring and sampling purposes, and cooperate with the oversight agency and Responsible Parties during implementation of any subsequent investigation or remediation, if required. In addition, if vapor intrusion poses a human health risk, the project applicant and subsequent property owners and occupants shall provide access for future indoor air vapor monitoring activities and shall not interfere with the implementation of remedies required by the oversight agency. MM HAZ-3.14: For future sites that are subject to activity and use limitations (AULs), such as institutional (legal or regulatory restrictions on a property's use such as deed restrictions) and engineering (physical mechanisms that restrict property access or use) controls, compliance will be maintained. MM HAZ-3.15: At future sites where hazardous materials are used or stored, a permit may be required for facility closure (i.e., demolition, removal, or abandonment) of any facility or portion of a facility. The project applicant shall contact the Mountain View Fire Department and County Department of Environmental Health to determine facility closure requirements North Bayshore Precise Plan Project -25- November 2417 Findings of Fact and Statement of Overriding Considerations prior to building demolition or change in property use. Findin Mitigation measures have been incorporated into the project that avoid or reduce this significant hazardous materials impact to a less than significant level. The City of Mountain View hereby finds that implementation of the mitigation measures described above are feasible and they are hereby adopted and incorporated into the project. Adoption of these mitigation measures will reduce the significant hazardous materials impacts from contaminated soils and groundwater to a less than significant level by project -specific measures. NOISE AND VIBRATION IMPACTS Impact NOISE -4: Construction activities during implementation of the amended North Bayshore Precise Plan could result in significant ground -borne vibration impacts to existing structures. Mitigation The following mitigation measures would reduce ground -borne vibration impacts from future construction on nearby residences or businesses to a less than significant level. MM N0I-4.1: Avoid impact pile driving where possible. Drilled piles cause lower vibration levels where geological conditions permit their use. MM NCI -42: Avoid using vibratory rollers and tampers near sensitive areas. MM N0I-4.3: In areas where project construction is anticipated to include vibration - generating activities, such as pile driving, in close proximity to existing structures, site- specific vibration studies should be conducted to determine the area of impact and to present appropriate mitigation measures that may include the following: • Identification of sites that would include vibration compaction activities such as pile driving and have the potential to generate ground -borne vibration, and the sensitivity of nearby structures to ground -borne vibration. Vibration limits should be applied to all vibration -sensitive structures located within 200 feet of the project. A qualified structural engineer should conduct this task. • Development of a vibration monitoring and construction contingency plan to identify structures where monitoring would be conducted, set up a vibration monitoring schedule, define structure -specific vibration limits, and address the need to conduct North Bayshore Precise Plan Project -26- November 2017 Findings of Fact and Statement of Overriding Considerations photo, elevation, and crack surveys to document before and after construction conditions. • Construction contingencies would be identified for when vibration levels approached the limits. • At a minimum, vibration monitoring should be conducted during initial demolition activities and during pile driving activities. Monitoring results may indicate the need for more or less intensive measurements. • When vibration levels approach limits, suspend construction and implement contingencies to either lower vibration levels or secure the affected structures. • Conduct post -survey on structures where either monitoring has indicated high levels or complaints of damage has been made. Make appropriate repairs or compensation where damage has occurred as a result of construction activities. Finding Mitigation measures have been incorporated into the project that avoid or reduce this significant noise and vibration impact to a less than significant level. The City of Mountain View hereby finds that implementation of the mitigation measures described above are feasible and they are hereby adopted and incorporated into the project. Adoption of these mitigation measures will reduce the significant noise and vibration impact from project construction to a less than significant level by requiring project -specific evaluation during plan implementation. TRANSPORTATION/TRAFFIC IMPACTS Impact TRANS -1: Implementation of the proposed amended North Bayshore Precise Plan would result in significant impacts to 22 project study intersections under Existing With Project conditions in either the AM and/or the PM peak hours. Mitigation Per the City's policy direction, the environmental analysis assumes no major infrastructure projects that would add significant roadway capacity for automobiles at the North Bayshore gateways. The localized improvements identified as mitigation measures below would marginally improve intersection operations, serve peak vehicle demand, and in some cases improve street connectivity. These improvements are further described below. San Antonio Road Gateway Improvements • #1. San Antonio Road and Bayshore Parkway (Palo Alto). There are no feasible physical intersection improvements that would improve intersection operations to an North Bayshore Precise Plan Project -27- November 2017 Findings of Fact and Statement of Overriding Considerations acceptable level. The City of Mountain View recently increased vehicle storage for the northbound right -turn lane (San Antonio Road to Bayshore Parkway), and the westbound left -turn lane (Bayshore Parkway to San Antonio Road). The eastbound right -turn lane (Bayshore Parkway to San Antonio Road) should be lengthened to 150 feet. Further lengthening of the westbound left turn lane up to 300 feet, while beneficial to intersection operations, would require additional right-of-way and relocation of the existing sidewalk on the east side of Bayshore Parkway. While not typically considered mitigation, an update of the signal timings would incrementally improve the vehicle operations at this intersection. However, these mitigation measures do not improve intersection operations to acceptable LOS in the PM Peak hour. Therefore, the impact is considered significant and unavoidable under Existing with Project Conditions. No other improvements are possible due to right-of-way constraints. Rengstorff Avenue Gateway Improvements #13. Amphitheatre Parkway and Garcia Avenue -Charleston Road (Mountain View): To improve operations and improve queueing in the northbound direction, an additional northbound right -turn lane (Rengstorff Avenue to Charleston Avenue) could be added with overlap signal phasing; however, this would not improve intersection operations to an acceptable level of service. The eastbound approach could be reconfigured to include a dedicated right -turn lane; however, this improvement would not improve intersection operations. Therefore, the impact is considered significant and unavoidable under Existing with Project Conditions. No other improvements are possible due to right-of-way constraints. #15. Rengstorff Avenue and US 101 Southbound ramps (Mountain View): No vehicle capacity improvements (e.g., intersection turn lanes) at the intersection of Rengstorff Avenue and US 101 Southbound ramps are physically feasible. A northbound right turn lane could be added; however, this would not improve intersection operations to an acceptable level of service. Therefore the impact is considered significant and unavoidable under Existing with Project Conditions. No other improvements are possible due to right-of-way constraints. #16. Rengstorff Avenue and Leghorn Street (Mountain View): Converting the westbound and eastbound approaches to include a separate left -turn lane and a shared through -right lane with permitted east/west phasing would improve intersection operations. This would require widening the curb -to -curb width on the east leg, additional right-of-way, and re -striping the lanes for the east/west legs. Secondary impacts associated with widening this intersection for vehicle movements would include removal of trees, relocation of utilities, lengthening of crosswalks, and/or North Bayshore Precise Plan Project -28- November 2017 Findings of Fact and Statement of Overriding Considerations modification of signal phasing that could increase the crossing distance/time for pedestrians and bicyclists. Modification of the east/west approaches could be added; however, this would not improve intersection operations to an acceptable level of service. Therefore the impact is considered significant and unavoidable under Existing with Project Conditions. Shoreline Boulevard Gateway Improvements The intersection improvements described below should be accompanied by a modification of the signal coordination to improve signal progression through the Shoreline Boulevard corridor. 1132.. Shoreline Boulevard and Space Park Way (Mountain View): The realignment of Plymouth Street with Space Park Way is identified as a potential improvement in the Precise Plan circulation map. To operate acceptably, the new intersection of Shoreline Boulevard with Space Park Way -Plymouth Street should be signalized with protected left -tum phasing on each approach (see the mitigation discussion below for the Shoreline Boulevard and Plymouth Street intersection). Because of the high demand for northbound left -turns at this location, it is recommended that special consideration be given to accommodating that movement to minimize the likelihood of queue spillback blocking the through movements on Shoreline Boulevard. #33. Shoreline Boulevard and Plymouth Street (Mountain View): The realignment of Plymouth Street with Space Park Way is identified as a potential improvement in the North Bayshore Precise Plan circulation map. To operate acceptably, the new intersection of Shoreline Boulevard with Space Park Way -Plymouth Street should be signalized with protected left -turn phasing on each approach. Because of the high demand for northbound left -turns at this location, it is recommended that special consideration be given to accommodating that movement to minimize the likelihood of queue spillback blocking the through movements on Shoreline Boulevard. Two options are described here: Option 1— Dual Northbound Left Turn Lanes: To accommodate the morning peak hour demand, the two left turn lanes would each need to be approximately 425 feet long. This configuration would require additional right-of-way between Space Park Way and Pear Avenue and would affect the configuration of the southbound left turn lane at Shoreline Boulevard and Pear Avenue. — Oration 2 — Single e Split Phase Northbound Left Turn Lane: This improvement would include north/south split phasing and a single northbound left turn lane with an North Bayshore Precise Plan Project -29- November 2017 Findings of Fact and Statement of Overriding Considerations approximately 350 foot storage pocket. To fully accommodate the morning peak hour demand volumes, one of the northbound through lanes would serve as a de facto left turn lane requiring approximately 850 feet of storage; this vehicle queue would extend from Space Park Way through Pear Avenue halfway to the US 101 Northbound Off -Ramps. This configuration could require additional right-of-way. This option improves LOS to acceptable operations during the AM peak hour but does not provide acceptable operations in the PM peak hour. Moving Plymouth Street approximately 230 feet further north to align with Space Park Way would increase the potential vehicle storage space along Shoreline Boulevard. Either improvement would require additional right-of-way, removal of trees, and potentially relocation of utilities, but would reduce the project traffic impact to less than significant. However due to the right-of-way constraints and prioritization of bicycle and pedestrian crossing the City is considering the option with the least right-of-way take, which means the northbound left turn lane queue would likely spill back onto Shoreline Boulevard. These improvements would better manage vehicle storage, however, the City is trying to minimize right-of-way and balance considerations to prioritize transit, bicycle, and pedestrians within this corridor too. Therefore, the impact is considered significant and unavoidable under Existing with Project Conditions. Signalization of Shoreline Boulevard and Plymouth Street as a T -intersection (maintaining the current alignment) is not recommended because the signal would not serve a substantial volume of traffic and would only add delay to traffic on Shoreline Boulevard. • #34. Shoreline Boulevard and Pear Avenue (Mountain View): This intersection currently acts as a bottleneck during the AM and PM peak hours. To provide more green time to the through movements along Shoreline Boulevard the Shoreline Boulevard and Pear Avenue intersection could be modified to include: - Restripe westbound approach as left turn lane and one shared through -right lane. - Restripe eastbound approach as a left turn lane, through lane, and two right turn lanes with a no -right turn on red condition. - Reconfigure the northbound approach with three northbound through lanes (no left turn access), and a northbound right turn lane. Create 300 foot northbound right - turn pocket to bypass the Shoreline Boulevard queue and provide space for right turn vehicles to wait while pedestrians cross the east leg of the intersection. This option limits access from Shoreline Boulevard to/from the parcels currently occupied by the movie theater, fitness center, and dance studio. With this option, the morning peak hour operations would improve to LOS C; the evening peak hour North Bayshore Precise Plan Project -30- November 2017 Findings of Fact and Statement of Overriding Considerations operations would operate at LOS F. This improvement may require additional right-of- way, removal of trees, and potentially relocation of utilities. These improvements would have secondary effects on the Shoreline Boulevard and Plymouth Street intersection because the northbound left turns at Pear Avenue would need to divert to Plymouth Street. To address the storage space needs, this option would also require two 500 -foot northbound left turn lanes from Shoreline Boulevard to Plymouth Street (see the Option 1 mitigation for the Shoreline Boulevard and Plymouth Street -Space Park Way intersection mitigation #33). Under this mitigation measure, the Plymouth Street intersection would operate at LOS D+ (35.9 seconds of delay) and LOS D (53.9 seconds of delay) during the AM and PM peak hours, respectively. This limited access configuration results in acceptable level of service at the Shoreline Boulevard and Pear Avenue intersection during the AM peak hour, but would limit access to land uses west of Shoreline Boulevard at Pear Avenue and would shift some traffic to the Shoreline Boulevard and Plymouth Street -Space Park Way intersection. In consideration of the potential for right-of-way constraints that could affect the feasibility, the impact is considered significant and unavoidable under Existing with Project Conditions. #35. Shoreline Boulevard and La Avenida -US 101 Northbound Ramps (Mountain View): This five -legged intersection serves approximately 44 percent of all inbound and outbound traffic accessing the North Bayshore area during the morning peak hour and 51 percent during the evening peak hour. As currently configured, vehicles destined for areas east of Shoreline Boulevard must travel through the Shoreline Boulevard and Pear Avenue intersection to access La Avenida Avenue. The realignment of the US 101 northbound ramps would create a new T -intersection west of the Inigo Way and La Avenida Avenue intersection (shown in mitigation analysis in Appendix J). This intersection would include east/west intersection modifications at the Shoreline Boulevard and La Avenida Avenue intersection and the Inigo Way and La Avenida Avenue intersection. These improvements would improve the overall intersection to an acceptable level of operation in the AM peak hour. Appendix J provides the intersection volume and level of services results for the study intersections (#31 to 35 and 71 to 75, plus the realigned ramp intersection #76) with affected by the ramp realignment. With this realignment of the US 101 northbound off -ramp, three notable shifts occur (inbound traffic summarized below): — Shift from Shoreline Boulevard to the new local north/south street between Charleston Road and Pear Avenue. Approximately 700 inbound vehicles during the North Bayshore Precise Plan Project -31- November 2017 Findings of Fact and Statement of Overriding Considerations morning peak hour (340 inbound vehicles from Shoreline Boulevard and 360 inbound vehicles from US 101 northbound off -ramp), and 280 inbound vehicles during the evening peak hour (80 inbound vehicles from Shoreline Boulevard and 170 inbound vehicles from US 101 northbound off -ramp) would shift to Inigo Way and the new north/south local street connecting La Avenida and Charleston Road parallel to Shoreline Boulevard. Shift from Pear Avenue to La Avenida. The realignment provides a more direct access path to La Avenida Avenue and the north/south street north of Pear Avenue. Approximately 250 inbound vehicles shift during the morning peak hour, and 180 inbound vehicles during the evening peak hour to La Avenida from Pear Avenue. — Redistribution of inbound traffic from Shoreline Boulevard to Pear Avenue accessing the nronosed Shoreline Commons site (1400 North Shoreline Boulevard The realignment also shifts about 240 inbound vehicles during the morning peak hour and 30 inbound vehicles during the evening peak hour from the northbound left turn at pear to the westbound through movement. This redistribution of off -ramp traffic would reduce the traffic at Shoreline Boulevard and La Avenida -US 101 Northbound Ramps and redistribute traffic at the Shoreline Boulevard and Pear Avenue intersection. Outbound La Avenida traffic to southbound Shoreline Boulevard may have difficulty weaving to the westbound left turn lane due to queuing of inbound vehicles entering into North Bayshore. The short spacing between the realigned ramp and Inigo Way may present difficult weaving conditions for inbound vehicles too. The realignment of the US 101 northbound off -ramp would increase traffic on the new north/south street; this increase in traffic would require signalization of the new north/south local street intersections at Shorebird Way and Space Park Way. The new north/south local street and Charleston Road would also operate unacceptably during the evening peak hour (see Appendix L of the TIA). Although the peak hour signal warrant is not currently met, it would be possible to improve the intersection operations either by signalizing the intersection or by constructing a single -lane roundabout. The determination of which type of improvement would be most appropriate depends in part on the decision about whether to construct a new crossing of Stevens Creek at the end of Charleston Road. Realignment of the US 101 northbound off -ramp would require coordination with Caltrans. Since it cannot be assumed Caltrans would approve this mitigation measure and the City cannot solely guarantee its implementation, this impact is designated as North Bayshore Precise Plan Project -32- [November 2017 Findings of Fact and Statement of Overriding Considerations significant and unavoidable. However, the City should diligently pursue measures to fully mitigate this impact. #38. Shoreline Boulevard and Middlefield Road (Mountain View): Converting the westbound and eastbound approaches to include two left turn lanes, a through lane, and a shared through -right turn lane and signal timing modifications would reduce the project impact. These additional left -turn lanes may require relocation of existing utilities and removal of trees within the median of Middlefield Road. However, these mitigation measures do not improve intersection operation to an acceptable LOS in the PM peak hour. Therefore the impact is considered significant and unavoidable under Existing with Project Conditions. This improvement is designed with reversible bus lane project. No other improvements are possible due to right-of-way constraints. North Batyshore Precise Plan Intersections #12. Salado Drive and Garcia Avenue (Mountain View): Signalizing this intersection would reduce the impact to a less than significant level. #72. New North-South Local Street and Shorebird Way (Mountain View): With most of the residential development focused east of Shoreline Boulevard, the intersection of the new north -south local street at Shorebird Way would need to be signalized. Each approach would have a left turn lane with protected left -turn phasing and a shared through -right turn lane. This signalization and intersection configuration will reduce the intersection level of service impact to a less than significant level under Existing with Project Conditions. #73. New North-South Local Street and Space Park Way (Mountain View): With most of the residential development focused east of Shoreline Boulevard, the intersection of the new north -south local street at Space Park Way would need to be signalized. Each approach would have a left turn lane with protected left -turn phasing and a shared through -right turn lane. This signalization and intersection configuration will reduce the intersection level of service impact to a less than significant level under Existing with Project Conditions. #75. Inigo Way and La Avenida (Mountain View): With most of the residential development focused east of Shoreline Boulevard, this intersection would need to be signalized. The eastbound approach would have shared left through lane, the southbound approach would have a separate left -turn and right turn lanes, and the westbound approach would have a shared through right -turn lane. This signalization North Bayshore Precise Plan Project -33- November 2017 Findings of Fact and Statement of Overriding Considerations and intersection configuration will reduce the intersection level of service impact to a less than significant level under Existing with Project Conditions. On -Site Intersections and Streets The amended North Bayshore Precise Plan includes the priority transportation infrastructure described previously and other new local streets, multi -use paths, modifications to existing streets to include wider sidewalks, landscape areas within the median or along the curb, and cycle tracks on one or both sides of the street (refer to Appendix Q. These street improvements may cause secondary impacts often associated with constructing new infrastructure or modifying existing facilities, such as the removal of trees, relocation of utilities, lengthening of crosswalks, and/or modification of signal phasing that could increase the crossing distance/time for pedestrians and bicyclists. Off -Site Intersections + #17. Rengstorff Avenue and Middlefield Road (Mountain View): Adding a second westbound left -turn lane and signal timing modifications would reduce the project impact. This would require widening curb -to -curb width on the east leg, additional right-of-way, and re -striping the lanes for the west leg. Secondary impacts associated with widening this intersection for vehicle movements would include removal of trees, relocation of utilities, lengthening of crosswalks, and/or modification of signal phasing that could increase the crossing distance/time for pedestrians and bicyclists. However, these mitigation measures do not improve intersection operation to an acceptable LOS in the PM peak hour. Therefore the impact is considered significant and unavoidable under Existing with Project Conditions. No other improvements are possible due to right-of-way constraints. #20. Rengstorff Avenue and Central Expressway (Santa Clara County): The widening of Central Expressway or grade separation of the Caltrain railroad tracks from Central Expressway are potential mitigation measures at this intersection. However, this facility is controlled by another agency and the City of Mountain View cannot guarantee the mitigation would be implemented; therefore this impact is considered significant and unavoidable under Existing with Project Conditions. No other improvements are possible due to right-of-way constraints. The City of Mountain View City Council has approved the grade separation concept and the City is seeking funding for this project (VTP Project #R12). • #24. Springer Road -Magdalena Avenue and Foothill Expressway (Santa Clara County): Restriping the northbound approach to include one left -turn lane and one North Bayshore Precise Plan Project -34- November 2017 Findings of Fact and Statement of Overriding Considerations through lane and restriping the southbound approach to include one left -turn lane and two through lanes with protected left -turns north/south would improve operations to an acceptable LOS during the AM and PM peak hour. However, this facility is controlled by another agency and the City of Mountain View cannot guarantee the mitigation would be implemented; therefore this impact is considered significant and unavoidable under Existing with Project Conditions. #49. Moffett Boulevard -Castro Street and Central Expressway (Santa Clara County): Potential mitigation measures that would reduce intersection delay at this intersection include widening of Central Expressway or grade separation of the Caltrain railroad tracks crossing Central Expressway. The city is also considering closing the northbound movements from Castro Street to Central Expressway and Moffett Boulevard. This traffic would use alternative railroad crossings west of this crossing location at Shoreline Boulevard and east of this location at Whisman Road. With the closure of the northbound movements, intersection operations would improve to acceptable LOS in the AM and PM peak hour. These improvements would have secondary effects on the Shoreline Boulevard and Central Expressway intersection due to the rerouting of traffic caused by this closure. Under this mitigation measure the Shoreline Boulevard and Central Expressway (east) intersection would operate at LOS D (41.5 seconds of delay) and LOS B (15.7 seconds of delay) during the AM and PM peak hours, respectively. However, this facility is controlled by another agency and the City of Mountain View cannot guarantee the mitigation would be implemented; therefore this impact is considered significant and unavoidable under Existing with Project Conditions. No other improvements are possible due to right-of-way constraints. #57. Bayfront Expressway and University Avenue (Menlo Park): Potential mitigation at this intersection would require grade separation of Bayfront Expressway and University Avenue. However, this facility is controlled by another agency and the City of Mountain View cannot guarantee the mitigation would be implemented; therefore this impact is considered significant and unavoidable under Existing with Project Conditions. No other improvements are possible due to right-of-way constraints. [Significant Unavoidable Impact] • #59. Donohoe Street and University Avenue (East Palo Alto): Converting the westbound approach to include dual left turn lanes, one through lane and one right turn lane with protected left turns would reduce the project impact at this intersection. This would require widening the curb -to -curb width on the east leg, additional right-of-way, and re -striping the lanes for the east leg. Secondary impacts associated with widening North Bayshore Precise Plan Project -35- November 2017 Findings of Fact and Statement of Overriding Considerations this intersection for vehicle movements would include removal of trees, relocation of utilities, lengthening of crosswalks, and/or modification of signal phasing that could increase the crossing distance/time for pedestrians and bicyclists. These modifications do not improve traffic operations to acceptable LOS in the PM peak hour. However, this facility is controlled by another agency and the City of Mountain View cannot guarantee the mitigation would be implemented; therefore this impact is considered significant and unavoidable under Existing with Project Conditions. No other improvements are possible due to right-of-way constraints. #62. Embarcadero Road and E. Bayshore Road (Palo Alto): No vehicle capacity improvements (such as adding turn lanes) at the intersection of Embarcadero Road and East Bayshore Road are physically feasible within the current right-of-way. Modifying cycle length to 120 seconds would reduce the project impact. This modification, however, would not improve traffic operations to acceptable LOS during the PM peak hour. Therefore, the impact is considered significant and unavoidable under Existing with Project Conditions. No other improvements are possible due to right-of-way constraints. • #66. Arastradero Road and Foothill Expressway (Santa Clara County): Potential mitigation at this intersection would require grade separation of Arastradero Road and Foothill Expressway. However, this facility is controlled by another agency and the City of Mountain View cannot guarantee the mitigation would be implemented; therefore this impact is considered significant and unavoidable under Existing with Project Conditions. No other improvements are possible due to right-of-way constraints. 467. Page Mill Road and I-280 Southbound Off-Ramp-Arastradero Road (Santa Clara County): The installation of a signal would improve operations to an acceptable LOS D operations or better during both peak hours. Signalization is a part of the 1-280 and Page Mill Road interchange improvements (VTP 2040 ID #X15 and B48) to accommodate bicycle travel. In addition, Caltrans has been evaluating a safety project at this location that would include signalization. The signalization and intersection improvements will reduce the intersection level of service impact to an acceptable level. However, this facility is controlled by another agency and the City of Mountain View cannot guarantee the mitigation would be implemented; therefore this impact is considered significant and unavoidable under Existing with Project Conditions. Findine Four of the impacts described above can be reduced to a less than significant level with the implementation of mitigation measures. The remaining intersection impacts may have North Bayshore Precise Plan Project -36- November 2017 Findings of Fact and Statement of Overriding Considerations identified mitigation, but the mitigation may not reduce impacts to a less than significant level, the City of Mountain View cannot guarantee that the mitigation would be implemented, or the mitigation measures will require coordination with multiple jurisdictions to address the practical steps of implementing physical improvements. Since mitigation may not be adequate to reduce impacts, or City cannot guarantee the implementation of these measures, the remaining impacts are identified as significant and unavoidable. While many of these impacts are considered significant and unavoidable, this finding does not preclude the City of Mountain View from establishing policies and programs to reduce the severity of the potential impact on these facilities. Impact TRANS -2: Implementation of the project would result in significant impacts to freeway segments during the AM and/or PM peak hour under Existing with Project Conditions. Finding To improve operations, the affected freeway segments could be widened to meet the current level of service standard. The complete mitigation of freeway impacts, however, is considered beyond the scope of an individual development project, due to the inability of any individual project or City to: 1) acquire right-of-way for freeway widening, and 2) fully fund a major freeway mainline improvement. Freeway improvements also would require approval by VTA and Caltrans, and as such the City cannot guarantee implementation of any improvement in the freeway right-of-way. The amended North Bayshore Precise Plan includes efforts to reduce single occupant vehicle trips by implementing a comprehensive Transportation Demand Management (TDM) Program, and a morning peak period trip cap. To manage deficient freeway operations, potential TDM measures that reduce peak period vehicle trips are described in the VTA Deficiency Plan Action List (See Appendix M of the TIA). While a successful TDM program and trip cap may incrementally reduce peak period freeway traffic, by itself it would not reduce the identified freeway impacts to a less than significant level. Therefore, the addition of project traffic results in a significant and unavoidable impact to the identified freeway segments. A fair share contribution toward freeway improvement costs could be considered as a mitigation measure and a community benefit for the Statement of Overriding Considerations. Significant impacts, however, would not be eliminated until the improvements are constructed. To provide adequate funding, additional sources would be needed, which may include State Transportation Improvement Program funds for projects identified in the VTP, City impact fees, and/or a future regional impact fee. The City of Mountain View could potentially participate in development of a regional fee should it be proposed by regional agencies, such as VTA. North Bayshore Precise Plan Project -37- November 2017 Findings of Fact and Statement of Overriding Considerations Impact TRANS -4: Implementation of the amended North Bayshore Precise Plan would have a significant and unavoidable effect on transit vehicle operations, in particular at those intersections with a significant and unavoidable traffic delay impact. Finding Implementation of the amended North Bayshore Precise Plan would not disrupt existing or interfere with planned transit services or facilities; however, the increase in transit vehicles, congestion at the North Bayshore gateways, and increased delay at off-site intersections would delay transit vehicles. Therefore, the project would have a significant and unavoidable effect on transit vehicle operations, in particular at those intersections with a significant and unavoidable traffic delay impact. Transit operational improvements such as signal coordination and transit vehicle preemption could potentially improve the overall reliability of transit in congested areas, but are not likely to fully mitigate this effect. Impact C -TRANS -1: implementation of the proposed Precise Plan would result in significant impacts to 45 project study intersections under Year 2030 Cumulative With Project conditions in either the AM and/or the PM peak hours. Mitigation Per the City's policy direction, this environmental analysis assumes no major infrastructure projects that would add significant roadway capacity for automobiles at the North Bayshore gateways. The localized improvements identified above as mitigation measures above would marginally improve intersection operations, serve peak vehicle demand, and in some cases improve street connectivity. These improvements are further described below. San Antonio Road Gateway Improvements • #1. San Antonio Road and Bayshore Parkway (Palo Alto): There are no feasible physical intersection improvements that would improve intersection operations to an acceptable level. The City of Mountain View recently increased vehicle storage for the northbound right -turn lane (San Antonio Road to Bayshore Parkway), and the westbound left -turn lane (Bayshore Parkway to San Antonio Road). The eastbound right -turn lane (Bayshore Parkway to San Antonio Road) should be lengthened to 150 feet. Further lengthening of the westbound left turn lane up to 300 feet, while beneficial to intersection operations, would require additional right-of-way and relocation of the existing sidewalk on the east side of Bayshore Parkway. While not typically, considered mitigation an update of the signal timings would incrementally improve the vehicle operations at this intersection. However, these mitigation measures do not improve North Bayshore Precise Plan Project -38- November 2017 Findings of Fact and Statement of Overriding Considerations intersection operations to acceptable LOS in the PM Peak hour. Therefore, the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. No other improvements are possible due to right-of-way constraints. • #2. San Antonio Road and US 101 Northbound Ramps (Palo Alto): No feasible vehicle capacity improvements (e.g., intersection turn lanes) at the intersection of San Antonio Road and US 101 Northbound Ramps. Therefore the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. No other improvements are possible due to right-of-way constraints. • #3. San Antonio Road and Charleston Road (Palo Alto): No feasible vehicle capacity improvements (e.g., intersection turn lanes) at the intersection of San Antonio Road and Charleston Road because each quadrant of the intersection is developed and widening of the intersection would likely affect adjacent buildings and/or infrastructure. Furthermore, widening this intersection would conflict with Palo Alto policies to accommodate the needs of bicyclist and pedestrians. Therefore the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. No other improvements are possible due to right-of-way constraints. Rengstorff Avenue Gateway Improvements #13. Amphitheatre Parkway and Garcia Avenue -Charleston Road (Mountain View): To improve operations and improve queueing in the northbound direction an additional northbound right -turn lane (Rengstorff Avenue to Charleston Avenue) could be added with overlap signal phasing; however, this would not improve intersection operations to an acceptable level of service. The eastbound approach could be reconfigured to include a dedicated right -turn lane; however, this improvement would not improve intersection operations. Therefore the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. No other improvements are possible due to right-of-way constraints. #15. Rengstorff Avenue and US 101 Southbound Ramps (Mountain View): No vehicle capacity improvements (e.g., intersection turn lanes) at the intersection of Rengstorff Avenue and US 101 Southbound ramps are physically feasible. A northbound right -turn lane could be added; however, this would not improve intersection operations to an acceptable level of service. Therefore the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. No other improvements are possible due to right-of-way constraints. North Bayshore Precise Plan Project -39- November 2017 Findings of Fact and Statement of Overriding Considerations #16. Rengstorff Avenue and Leghorn Street (Mountain View): Converting the westbound and eastbound approaches to include a separate left -turn lane and a shared through -right lane with permitted east/west phasing would improve intersection operations. This would require widening the curb -to -curb width on the east leg, additional right-of-way, and re -striping the lanes for the east/west legs. Secondary impacts associated with widening this intersection for vehicle movements would include removal of trees, relocation of utilities, lengthening of crosswalks, and/or modification of signal phasing that could increase the crossing distance/time for pedestrians and bicyclists. Modification of the east/west approaches could be added; however, this would not improve intersection operations to an acceptable level of service. Therefore the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. Shoreline Boulevard Gateway Improvements The intersection improvements described below should be accompanied by a modification of the signal coordination to improve signal progression through the Shoreline Boulevard corridor. #32. Shoreline Boulevard and Space Park Way (Mountain View)- The realignment of Plymouth Street with Space Park Way is identified as a potential improvement in the North Bayshore Precise Plan circulation map. To operate acceptably, the new intersection of Shoreline Boulevard with Space Park Way -Plymouth Street should be signalized with protected left -turn phasing on each approach (see the mitigation discussion below for the Shoreline Boulevard and Plymouth Street intersection). Because of the high demand for northbound left -turns at this location, it is recommended that special consideration be given to accommodating that movement to minimize the likelihood of queue spillback blocking the through movements on Shoreline Boulevard. Therefore, the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. • #33. Shoreline Boulevard and Plymouth Street (Mountain View): The realignment of Plymouth Street with Space Park Way is identified as a potential improvement in the North Bayshore Precise Plan circulation map. To operate acceptably, the new intersection of Shoreline Boulevard with Space Park Way -Plymouth Street should be signalized with protected left -turn phasing on each approach (see Table 14 of the TIA for summary of the geometric configuration). Because of the high demand for northbound left -turns at this location, it is recommended that special consideration be given to accommodating that movement to minimize the likelihood of queue spillback blocking the through movements on Shoreline Boulevard. Two options are described here: North Bayshore Precise Plan Project -40- November 2017 Findings of Fact and Statement of Overriding Considerations Option 1— Dual Northbound Left Turn Lanes: To accommodate the morning peak hour demand, the two left turn lanes would each need to be approximately 425 feet long. This configuration would require additional right-of-way between Space Park Way and Pear Avenue and would affect the configuration of the southbound left turn lane at Shoreline Boulevard and Pear Avenue. — Option 2 — Single Split Phase Northbound Left Turn Lane: This improvement would include north/south split phasing and a single northbound left turn lane with an approximately 350 foot storage pocket. To fully accommodate the morning peak hour demand volumes, one of the northbound through lanes would serve as a de facto left turn lane requiring approximately 850 feet of storage; this vehicle queue would extend from Space Park Way through Pear Avenue halfway to the US 101 Northbound Off -Ramps. This configuration could require additional right-of-way. This option improves LOS to acceptable operations during the AM peak hour but does not provide acceptable operations in the PM peak hour. Moving Plymouth Street approximately 230 feet further north to align with Space Park Way would increase the potential vehicle storage space along Shoreline Boulevard. This improvement would require additional right-of-way, removal of trees, and potentially relocation of utilities, but would reduce the project traffic impact to less than significant. However due to the right-of-way constraints and prioritization of bicycle and pedestrian crossing the City is considering the option with the least right-of-way take, which means the northbound left turn lane queue would likely spill back onto Shoreline Boulevard. These improvements would better manage vehicle storage, however, the City is trying to minimize right-of-way and balance considerations to prioritize transit, bicycle, and pedestrians within this corridor too. Therefore, the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. Signalization of Shoreline Boulevard and Plymouth Street as a T -intersection (maintaining the current alignment) is not recommended because the signal would not serve a substantial volume of traffic and would only add delay to traffic on Shoreline Boulevard. • #34. Shoreline Boulevard and Pear Avenue (Mountain View): This intersection currently acts as a bottleneck during the AM and PM peak hours. To provide more green time to the through movements along Shoreline Boulevard the Shoreline Boulevard and Pear Avenue intersection could be modified to include: — Restripe westbound approach as left turn lane and one shared through -right lane. — Restripe eastbound approach as a left turn lane, through lane, and two right turn lanes with a no -right turn on red condition. North Bayshore Precise Plan Project -41- November 2017 Findings of Fact and Statement of Overriding Considerations - Reconfigure the northbound approach with three northbound through lanes (no left turn access), and a northbound right turn lane. Create 300 foot northbound right - turn pocket to bypass the Shoreline Boulevard queue and provide space for right turn vehicles to wait while pedestrians cross the east leg of the intersection. This option limits access from Shoreline Boulevard to/from the parcels currently occupied by the movie theater, fitness center, and dance studio. With this option, the morning peak hour operations would improve to LOS C; the evening peak hour operations would operate at LOS F. This improvement may require additional right-of- way, removal of trees, and potentially relocation of utilities. These improvements would have secondary effects on the Shoreline Boulevard and Plymouth Street intersection because the northbound left turns at Pear Avenue would need to divert to Plymouth Street. To address the storage space needs, this option would also require two 500 -foot northbound left turn lanes from Shoreline Boulevard to Plymouth Street (see the mitigation for the Shoreline Boulevard and Plymouth Street - Space Park Way intersection, Mitigation Measure #33). Under this mitigation measure, the Plymouth Street intersection would operate at LOS D+ (35.9 seconds of delay) and LOS D- (53.9 seconds of delay) during the AM and PM peak hours, respectively. This limited access configuration results in acceptable level of service at the Shoreline Boulevard and Pear Avenue intersection during the AM peak hour, but would limit access to land uses west of Shoreline Boulevard at Pear Avenue and would shift some traffic to the Shoreline Boulevard and Plymouth Street -Space Park Way intersection. In consideration of the potential for right-of-way constraints that could affect the feasibility, the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. #35. Shoreline Boulevard and La Avenida -US 101 Northbound Ramps (Mountain View): This five -legged intersection serves approximately 44 percent of inbound and outbound traffic accessing the North Bayshore Precise Plan area during the morning peak hour and 51 percent during the evening peak hour. As currently configured, vehicles destined for areas east of Shoreline Boulevard must travel through the Shoreline Boulevard and Pear Avenue intersection to access La Avenida. The realignment of the US 101 northbound ramps would create a new T -intersection west of the Inigo Way and La Avenida intersection (shown in mitigation analysis). This intersection would include east/west intersection modifications at the Shoreline Boulevard and La Avenida Avenue intersection and the Inigo Way and La Avenida Avenue intersection. These improvements would improve the overall intersection to an acceptable level of operation in the AM peak hour. Appendix L of the TIA provides the intersection North Bayshore Precise Plan Project -42- November 2017 Findings of Fact and Statement of Overriding Considerations volume and level of services results for the study intersections (#31 to 35 and 71 to 75 plus the realigned ramp intersection #76) with affected by the ramp realignment. With this realignment of the US 101 northbound off -ramp, three notable shifts occur (inbound traffic summarized below): - Shift from Shoreline Boulevard to the new local north/south street between Charleston Road and Pear Avenue, Approximately 700 inbound vehicles during the morning peak hour, (340 inbound vehicles from Shoreline Boulevard and 360 inbound vehicles from US 101 northbound off -ramp), and 280 inbound vehicles during the evening peak hour (80 inbound vehicles from Shoreline Boulevard and 170 inbound vehicles from US 101 northbound off -ramp) would shift to Inigo Way and the new north/south local street connecting La Avenida and Charleston Road parallel to Shoreline Boulevard. - Shift from Pear Avenue to La Avenida Avenue. The realignment provides a more direct access path to La Avenida Avenue, and the north/south street north of Pear Avenue. Approximately 250 inbound vehicles shift during the morning peak hour, and 180 inbound vehicles during the evening peak hour to La Avenida from Pear Avenue. - Redistribution of inbound traffic from Shoreline Boulevard to Pear Avenue accessing the proposed Shoreline Commons site (1400 North Shoreline Boulevardl. The realignment also shifts about 240 inbound vehicles during the morning peak hour and 30 inbound vehicles during the evening peak hour from the northbound left turn at pear to the westbound through movement. This redistribution of off -ramp traffic would reduce the traffic at Shoreline Boulevard and La Avenida -US 101 Northbound Ramps at the Shoreline Boulevard and Pear Avenue intersection. Outbound La Avenida traffic to southbound Shoreline Boulevard may have difficulty weaving to the westbound left turn lane due to queuing of inbound vehicles entering into North Bayshore. The short spacing between the realigned ramp and Inigo Way may present difficult weaving conditions for inbound vehicles too. The realignment of the US 101 northbound off -ramp would increase traffic on the new north/south street; this increase in traffic would require signalization of the new north/south local street intersections at Shorebird Way and Space Park Way. The new north/south local street and Charleston Road would also operate unacceptably during the evening peak hour (see Appendix L of the TIA). Although the peak hour signal warrant is not currently met it would be possible to improve the intersection operations North Bayshore Precise Plan Project -43- November 2017 Findings of Fact and Statement of Overriding Considerations either by signalizing the intersection or by constructing a single -lane roundabout. The determination of which type of improvement would be most appropriate depends in part on the decision about whether to construct a new crossing of Stevens Creek at the end of Charleston Road. Realignment of the US 101 northbound off -ramp would require coordination with Caltrans. Since it cannot be assumed Caltrans would approve this mitigation measure and the City cannot solely guarantee its implementation, this impact is designated as significant and unavoidable. However, the City should diligently pursue measures to fully mitigate this impact. #37. Shoreline Boulevard and Terra Bella Ave (Mountain View): Converting the southbound approach to include two through lanes and a right turn lane would return the intersection operations to an acceptable level of service. Secondary impacts associated with widening this intersection for vehicle movements would include removal of trees, relocation of utilities, lengthening of crosswalks, and/or modification of signal phasing that could increase the crossing distance/time for pedestrians and bicyclists. The estimated southbound right -turn volume of 150 vehicles does not typically justify a separate right -turn lane and this potential mitigation may require additional right-of-way with the proposed reversible transit lane on Shoreline Boulevard. Therefore, the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. #38. Shoreline Boulevard and Middlefield Road (Mountain View): Converting the westbound and eastbound approaches to include two left turn lanes, a through lane, and a shared through -right turn lane and signal timing modifications would reduce the project impact. These additional left -turn lanes may require relocation of existing utilities and removal of trees within the median of Middlefield Road. However, these mitigation measures do not improve intersection operation to an acceptable LOS in the PM peak hour. Therefore the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. This improvement is designed with reversible bus lane project. No other improvements are possible due to right-of-way constraints. On -Site Intersections and Streets The North Bayshore Precise Plan includes the priority transportation infrastructure and other new local streets, multi -use paths, modifications to existing streets to include wider sidewalks, landscape areas within the median or along the curb, and cycle tracks on one or both sides of the street (see the North Bayshore Precise Plan for more details). These street North Bayshore Precise Plan Project -44- November 2017 Findings of Fact and Statement of Overriding Considerations improvements may cause secondary impacts often associated with constructing new infrastructure or modifying existing facilities, such as the removal of trees, relocation of utilities, lengthening of crosswalks, and/or modification of signal phasing that could increase the crossing distance/time for pedestrians and bicyclists. • #12. Salado Drive and Garcia Avenue (Mountain View): Signalizing this intersection would reduce the impact to a less than significant level. • #72. New North-South Local Street and Shorebird Way (Mountain View): With most of the residential development focused east of Shoreline Boulevard, the intersection of the new north -south local street at Shorebird Way would need to be signalized. Each approach would have a left turn lane with protected left -turn phasing and a shared through -right turn lane. This signalization and intersection configuration will reduce the intersection level of service impact to a less than significant level under Year 2030 Cumulative with Project Conditions. #73. New North-South Local Street and Space Park Way (Mountain View): With most of the residential development focused east of Shoreline Boulevard, the intersection of the new north -south local street at Space Park Way would need to be signalized. Each approach would have a left turn lane with protected left -turn phasing and a shared through -right turn lane. This signalization and intersection configuration will reduce the intersection level of service impact to a less than significant level under Year 2030 Cumulative with Project Conditions. #75. Inigo Way and La Avenida (Mountain View): With most of the residential development focused east of Shoreline Boulevard, this intersection would need to be signalized. The eastbound approach would have shared left through lane, the southbound approach would have a separate left -turn and right turn lanes, and the westbound approach would have a through right -turn lane. This signalization and intersection improvements will reduce the intersection level of service impact to a less than significant level under Year 2030 Cumulative with Project Conditions. Other Off -Site Intersections #4. San Antonio Road and Middlefield Road (Palo Alto): No vehicle capacity improvements (e.g., intersection turn lanes) at the intersection of San Antonio Road and Middlefield Road are physically feasible because each quadrant of the intersection is developed and widening of the intersection would likely affect adjacent buildings and/or infrastructure. Furthermore, widening this intersection would conflict with Palo Alto policies to accommodate the needs of bicyclist and pedestrians. Therefore the North Bayshore Precise Plan Project -45- November 2017 Findings of Fact and Statement of Overriding Considerations impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. No other improvements are possible due to right-of-way constraints. #6. San Antonio Road and California Street (Mountain View): Reconfiguring the southbound approach to include two southbound left turn lanes, one through lane and one through right -lane, and signal timing modifications would reduce the project impact. However, this would riot improve operations to an acceptable level of service in the PM peak hour. Therefore the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. No other improvements are possible due to right-of-way constraints. • #8. Charleston Road and Fabian Way (Palo AIto): No vehicle capacity improvements (such as adding turn lanes) at this intersection are physically feasible because each quadrant of the intersection is developed and widening of the intersection would likely affect adjacent buildings and/or infrastructure. Furthermore, widening this intersection would conflict with Palo Alto policies accommodate the needs of bicyclist and pedestrians. Therefore the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. No other improvements are possible due to right-of-way constraints. Although not typically considered an acceptable mitigation measure by itself, signal timing modification (increasing the cycle length) would improve operations to an acceptable LOS (LOS D or better). #9. Charleston Road and Middlefield Road (Palo Alto): No vehicle capacity improvements (such as adding turn lanes) at this intersection are physically feasible because each quadrant of the intersection is developed and widening of the intersection would likely affect adjacent buildings and/or infrastructure. Furthermore, widening this intersection would conflict with Palo Alto policies to accommodate the needs of bicyclist and pedestrians. Therefore the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. No other improvements are possible due to right-of-way constraints. Although not typically considered an acceptable mitigation measure by itself, signal timing modification (increasing the cycle length) would improve operations to an acceptable LOS (LOS D or better). #10. Charleston Road and Alma Street (Palo Alto): No vehicle capacity improvements (e.g., intersection turn lanes) at the intersection of Charleston Road and Alma Street are physically feasible because each quadrant of the intersection is developed and widening of the intersection would likely affect adjacent buildings and/or infrastructure. Furthermore, widening this intersection would conflict with Palo Alto policies to accommodate the needs of bicyclist and pedestrians. Therefore the impact is considered North Bayshore Precise Plan Project -46- November 2017 Findings of Fact and Statement of Overriding Considerations significant and unavoidable under Year 2030 Cumulative with Project Conditions. No other improvements are possible due to right-of-way constraints. • #17. Rengstorff Avenue and Middlefield Road (Mountain View): Adding a second westbound left -turn lane and signal timing modifications would reduce the project impact. This would require widening curb -to -curb width on the east leg, additional right-of-way, and re -striping the lanes for the west leg. Secondary impacts associated with widening this intersection for vehicle movements would include removal of trees, relocation of utilities, lengthening of crosswalks, and/or modification of signal phasing that could increase the crossing distance/time for pedestrians and bicyclists. However, these mitigation measures do not improve intersection operation to an acceptable LOS in the PM peak hour. Therefore the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. No other improvements are possible due to right-of-way constraints. #20. Rengstorff Avenue and Central Expressway (Santa Clara County): Potential mitigation measures that would reduce intersection delay at this intersection include widening of Central Expressway or grade separation of the Caltrain railroad tracks from Central Expressway. However, this facility is controlled by another agency and the City of Mountain View cannot guarantee the mitigation would be implemented; therefore this impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. The City of Mountain View City Council has approved the grade separation concept and the City is seeking funding for this project (VTP Project #R12). #21. Rengstorff Avenue and California Avenue (Mountain View): No vehicle capacity improvements (such as adding turn lanes) at this intersection are physically feasible. Therefore the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. No other improvements are possible due to right- of-way constraints. Although not typically considered an acceptable mitigation measure by itself, signal timing modification (increasing the cycle length) would improve operations to an acceptable LOS (LOS D or better). #22. Rengstorff Avenue and El Camino Real (Mountain View): No vehicle capacity improvements (such as adding turn lanes) at this intersection are physically feasible. Therefore the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. No other improvements are possible due to right- of-way constraints. North Bayshore Precise Plan Project -47- November 2017 Findings of Fact and Statement of Overriding Considerations + #39. Shoreline Boulevard and Montecito Avenue -Stierlin Road (Mountain View): No vehicle capacity improvements (such as adding turn lanes) at this intersection are physically feasible. Therefore the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. No other improvements are possible due to right-of-way constraints. #42. Shoreline Boulevard and Central Expressway (East) (Santa Clara County): No vehicle capacity improvements (such as adding turn lanes) at this intersection are physically feasible. Therefore the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. No other improvements are possible due to right-of-way constraints. Although not typically considered an acceptable mitigation measure by itself, signal timing modification (increasing the cycle length) would improve operations to an acceptable LOS (LOS D or better). • #43. Shoreline Boulevard and California Street (Mountain View): No vehicle capacity improvements (such as adding turn lanes) at this intersection are physically feasible. Therefore the impact is considered significant and unavoidable under 2030 Cumulative with Project Conditions. No other improvements are possible due to right-of-way constraints. #44. Shoreline Boulevard-Miramonte Avenue and El Camino Real (Mountain View): No vehicle capacity improvements (such as adding turn lanes) at this intersection are physically feasible. Therefore the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. No other improvements are possible due to right-of-way constraints. #45. Miramonte Avenue and Castro Street -Marilyn Drive (Mountain View): Converting the northbound approach to include a separate left -turn lane, two through lanes, and a right -turn lane. Restriping the southbound approach to include a separate left -turn lane, through lane and shared through -right lane. Converting the eastbound approach to include a separate left -turn lane and a shared through -right lane and converting the westbound approach to include a separate left -turn lane, a through lane, and a right -turn lane with protected left turns on all approaches would reduce the project impact to a less than significant level. Secondary impacts associated with widening this intersection for vehicle movements would include removal of trees, relocation of utilities, lengthening of crosswalks, and/or modification of signal phasing that could increase the crossing distance/time for pedestrians and bicyclists. • #46. Miramonte Avenue and Castro Street -Marilyn Drive (Mountain View): No vehicle capacity improvements (such as adding turn lanes) at this intersection are North Bayshore Precise Plan Project -48- November 2017 Findings of Fact and Statement of Overriding Considerations physically feasible. Therefore the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. No other improvements are possible due to right-of-way constraints. • #48. Moffett Boulevard and Middlefield Road (Mountain View): No vehicle capacity improvements (such as adding turn lanes) at this intersection are physically feasible. Therefore this impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. No other improvements are possible due to right- of-way constraints. #49. Moffett Boulevard -Castro Street and Central Expressway (Santa Clara County): Potential mitigation measures that would reduce intersection delay at this intersection include widening of Central Expressway or grade separation of the Caltrain railroad tracks from Central Expressway. The City is also considering closing the northbound movements from Castro Street to Central Expressway and Moffett Boulevard. This traffic would use alternative railroad crossings west of this crossing location at Shoreline Boulevard and east of this location at Whisman Road. The closure of the northbound movements improves operations to acceptable LOS in the AM and PM peak hour. These improvements would have secondary effects on the Shoreline Boulevard and Central Expressway intersection due to the rerouting of traffic caused by this closure. Improvements required to reduce the secondary impact at this intersection would include an additional southbound left turn lane and implementation of the 150 second cycle length. Under this mitigation measure the Shoreline Boulevard intersection would operate at LOS E+ (55.1 seconds of delay) and LOS F (>120 seconds of delay) during the AM and PM peak hours respectively. However, this facility is controlled by another agency and the City of Mountain View cannot guarantee the mitigation would be implemented; therefore this impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. No other improvements are possible due to right-of-way constraints. • 450. Central Expressway and State Route 85 Ramps (Santa Clara County). The addition of a third through lane on the eastbound and westbound approach would reduce the project impact at this intersection. This would require widening curb -to -curb width on the east and west leg, and re -striping the lanes for the east and west leg. However, these mitigation measures do not improve intersection operation to an acceptable LOS in the PM peak hour. Therefore the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. No other improvements are possible due to right-of-way constraints. North Bayshore Precise Plan Project -49- November 2017 Findings of Fact and Statement of Overriding Considerations • #52. Whisman Station Road and Central Expressway (Santa Clara County): No vehicle capacity improvements (such as adding turn lanes) at this intersection are physically feasible. Therefore the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. No other improvements are possible due to right-of-way constraints. #54. Ferguson Drive and Central Expressway (Santa Clara County): The addition of a third through lane on the westbound approach would improve intersection operations to an acceptable level. However this improvement is controlled by another agency and the City of Mountain View cannot guarantee it will be implemented; therefore this impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. This would require widening curb -to -curb width on the west leg, and re -striping the lanes for the west leg. • #56. Mary Avenue and Central Expressway (Santa Clara County): The addition of a fourth through lane on the eastbound and westbound approach would reduce the project impact at this intersection. This would require widening curb -to -curb width on the east and west leg, additional right-of-way, and re -striping the lanes for the east and west leg. Secondary impacts associated with widening this intersection for vehicle movements would include removal of trees, relocation of utilities, lengthening of crosswalks, and/or modification of signal phasing that could increase the crossing distance/time for pedestrians and bicyclists. However, these mitigation measures do not improve intersection operation to an acceptable LOS in the PM peak hour. Therefore the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. #58. Bay Road and University Avenue (East Palo Alto): Reconfiguring the intersection to include an exclusive right -turn lane on the northbound approach, a second left -turn lane on the westbound and southbound approach with signal timing modifications would improve operations to acceptable LOS at this intersection. Secondary impacts associated with the widening of the intersection would include removal of trees, relocation of utilities, lengthening of crosswalks, and/or modification of signal phasing that could increase the crossing distance/time for pedestrians and bicyclists. However, this facility is controlled by another agency and the City of Mountain View cannot guarantee the mitigation would be implemented; therefore this impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions, North 8ayshore Precise Plan Project -50- November 2017 Findings of Fact and Statement of Overriding Considerations 459. Donohoe Street and University Avenue (East Palo Alto): Converting the westbound approach to include dual left turn lanes, one through lane and one right turn lane with protected left turns would reduce the project impact at this intersection. This would require widening the curb -to -curb width on the east leg, additional right-of-way, and re -striping the lanes for the east leg. Secondary impacts associated with widening this intersection for vehicle movements would include removal of trees, relocation of utilities, lengthening of crosswalks, and/or modification of signal phasing that could increase the crossing distance/time for pedestrians and bicyclists. These modifications do not improve traffic operations to acceptable LOS in the PM peak hour. However, this facility is controlled by another agency and the City of Mountain View cannot guarantee the mitigation would be implemented; therefore this impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. No other improvements are possible due to right-of-way constraints. #62. Embarcadero Road and East Bayshore Road (Palo Alto): No vehicle capacity improvements (such as adding turn lanes) at this intersection are physically feasible due to right-of-way constraints. Therefore the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. Although not typically considered a mitigation measure by itself, signal timing modification (increasing the cycle length) would reduce the project impact at this location. #63. Embarcadero Road and Middlefield Road (Palo Alto): No vehicle capacity improvements (such as adding turn lanes) at this intersection are physically feasible due to right-of-way constraints. Furthermore, widening this intersection would conflict with Palo Alto policies to prioritize the needs of bicyclists and pedestrians. Therefore the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. #64. Oregon Expressway and Middlefield Road (Santa Clara County): The addition of a second westbound and eastbound left -turn lane would mitigate the project impact but would not improve intersection operations to an acceptable level in the PM peak hour (LOS E or better). While signal modifications and intersection improvements will reduce levels of service impacts at this intersection, the City cannot be certain at this time that such improvements will be implemented since Oregon Expressway is under the jurisdiction of Santa Clara County and no other feasible mitigation measures have been identified. This impact would remain significant and unavoidable under Year 2030 Cumulative with Project Conditions. • #65. Arastradero Road -Charleston Road and El Camino Real (Palo Alto): No vehicle capacity improvements (such as adding turn lanes) at this intersection are physically North Bayshore Precise Plan Project _51- November 2017 Findings of Fact and Statement of Overriding Considerations feasible due to right-of-way constraints. Therefore the impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. #67. Page Mill Road and I-280 Southbound Off Ramp-Arastradero Road (Santa Clara County): The installation of a signal with dual left -turn lanes and a shared through - right lane on the westbound approach and a dedicated left -turn lane and dedicated right -turn lane on the eastbound approach would improve operations to an acceptable LOS E operations during both peak hours. Signalization is a part of the I-280 and Page Mill Road interchange improvements (VTP 2040 ID #X15 and B48) to accommodate bicycle travel. In addition, Caltrans has been evaluating a safety project at this location that would include signalization. However, this improvement is controlled by another agency and the City of Mountain View cannot guarantee it will be implemented; therefore this impact is considered significant and unavoidable under Year 2030 Cumulative with Project Conditions. #70. Moffett Boulevard and SR 85 Southbound Ramp (Mountain View): The installation of a signal would improve operations to an acceptable LOS B operations during both peak hours. The signalization and intersection improvements will reduce the intersection level of service impact to a less than significant level under Year 2030 Cumulative with Project Conditions. Finding Several of the impacts described above can be reduced to a less than significant level with the implementation of mitigation measures. The remaining intersection impacts may have identified mitigation, but the mitigation may not reduce impacts to a less than significant level, the City of Mountain View cannot guarantee that the mitigation would be implemented, or the mitigation measures will require coordination with multiple jurisdictions to address the practical steps of implementing physical improvements. Since mitigation may not be adequate to reduce impacts, or City cannot guarantee the implementation of these measures, the remaining impacts are identified as significant and unavoidable. While many of these impacts are considered significant and unavoidable, this finding does not preclude the City of Mountain View from establishing policies and programs to reduce the severity of the potential impact on these facilities. Impact C -TRANS -2: Implementation of the project would result in significant cumulative impacts to freeway segments during the AM and/or PM peak hour. Mitigation North Bayshore Precise Plan Project -52- November 2017 Findings of Fact and Statement of Overriding Considerations A cumulative project impact was identified for segments exceeding a volume -to -capacity (V/C) ratio greater than one (1.0) and where the proposed new North Bayshore Precise Plan project trips constitute more than one percent of the freeway segment's capacity. Year 2030 Cumulative with Project Conditions freeway impact results are can be found in Appendix J of the TIA. Under Year 2030 Cumulative with Project Conditions, implementation of the proposed project would increase motor vehicle traffic and congestion, which would result in decreased freeway segment levels of service on several segments. This would be considered a potentially significant impact. To improve operations, these freeway segments could be widened to meet the current level of service standard. The complete mitigation of freeway impacts is considered beyond the scope of individual projects or plans such as the North Bayshore Precise Plan, due to the inability of the City to: 1) acquire right-of-way for freeway widening, and 2) fully fund a major freeway mainline improvement. Freeway improvements also would require approval by VTA and Caltrans and, as such, the City cannot guarantee implementation of any improvement in the freeway right-of-way. For the reasons presented previously, the identified freeway impacts are considered to be a significant and unavoidable impact to the identified freeway segments. Impact C -TRANS -3: Implementation of the amended North Bayshore Precise Plan would have a significant and unavoidable cumulative effect on transit vehicle operations, in particular at those intersections with a significant and unavoidable traffic delay impact determination. Fines Implementation of the amended North Bayshore Precise Plan would not disrupt existing or interfere with planned transit services or facilities; however, the increase in transit vehicles, congestion at the North Bayshore gateways, and increased delay at off-site intersections would delay transit vehicles. Therefore, the project would have a significant and unavoidable effect on transit vehicle operations, in particular at those intersections with a significant and unavoidable traffic delay impact. Transit operational improvements such as signal coordination and transit vehicle preemption could potentially improve the overall reliability of transit in congested areas, but are not likely to fully mitigate this effect. ALTERNATIVES TO THE PROPOSED PROJECT In addition to the project, the following alternatives were evaluated in the DSEIR, and are more fully described in Section 8.0 of the DSEIR. No Project Alternative: The North Bayshore area was zoned P(39) North Bayshore Precise Plan in North Bayshore Precise Plan Project -53- November 2017 Findings of Fact and Statement of Overriding Considerations 2014. The adopted North Bayshore Precise Plan allows development of 3.4 million square feet of office and commercial development within the area, consistent with the 2030 General Plan and the policies of the Precise Plan. In 2015, the 2030 General Plan was amended to allow up to 1,100 multi -family dwelling units in the area, although the underlying zoning was not changed. The Precise Plan area is currently developed with numerous existing office/industrial buildings, so the "No Project" alternative may include continued occupancy or re -occupancy of these buildings. New development projects could seek approval to redevelop sites to the maximum development allowed by the existing zoning. Implementation of infrastructure projects described in the adopted Precise Plan and funded by development fees would also continue. Finding The No Project alternative would result in fewer significant transportation impacts than the amended North Bayshore Precise Plan, with the introduction of up to 9,850 multi -family dwelling units. The No Project alternative would avoid the proposed amended Precise Plan's significant greenhouse gas emissions impacts, and would avoid the amended Precise Plan's impacts from construction air quality, groundborne vibration, and hazardous materials. The No Project alternative would not fulfill the new, additional objectives of the City for the amended North Bayshore Precise Plan, including the objectives of the City to construct new housing, develop blended residential neighborhoods, improve the jobs -housing balance, and promote housing affordability. For all these reasons, the No Project Alternative is considered infeasible and is not adopted. Reduced Residential Alternative: One of the City's intentions in proposing to amend the North Bayshore Precise Plan to include residential uses is to address "gateway" vehicle capacity issues at the three North Bayshore gateways (San Antonio Road, Rengstorff Avenue, and Shoreline Boulevard) in the AM peak hour (and exiting in the PM peak hour) by providing residential uses near employment centers. The addition of residential uses to North Bayshore does slightly increase the total capacity of the gateways. A Reduced Residential alternative could include allowing only the estimated maximum number of residential units within North Bayshore that could be accommodated by the capacity of the three gateways into North Bayshore. Under this scenario, up to approximately 3,000 multi -family dwelling units could be developed in the North Bayshore area, and unit sizes similar to those assumed for the project would be combined with a reduced parking ratio (e.g., 0.6 spaces per unit). The office and commercial development in the area would still be included under this alternative. This alternative assumes that the standards and guidelines contained in the proposed amended Precise Plan would still be implemented, but with a much lower density of residential development. North Bayshore Precise Plan Project -54- November 2017 Findings of Fact and Statement of Overriding Considerations Findin The Reduced Residential alternative would reduce some of the intersection and freeway impacts that would be anticipated under the Precise Plan. Other impacts associated with development would be reduced, but would still remain. This alternative scenario, however, would not completely fulfill the objectives of the Precise Plan to develop residential neighborhoods, improve the jobs -housing balance, reduce vehicle trips through internalization and increased mode share, and provide affordable housing units. For all these reasons, the Reduced Residential Alternative is considered infeasible and is not adopted. Increased Gateway Capacity Alternative: The proposed amended North Bayshore Precise Plan considers the possible addition of a Stevens Creek bridge crossing for pedestrian/bicycle and transit vehicle access. An alternative to the proposed project to reduce vehicular congestion by addressing vehicle capacity limits at the gateways would be to provide an additional vehicular access to the North Bayshore area, either via a bridge over Stevens Creek, or another crossing of US 101. The addition of a new gateway would provide additional capacity for travel in and out of the North Bayshore area. Possible gateway connections might include a bridge over Stevens Creek near Charleston Road or La Avenida Avenue, and/or an additional crossing location of US 101 connecting Charleston Road to Landings Drive. Any new gateway connection would need to be further evaluated to determine its benefits and impacts. It is assumed this alternative would include the same amount of commercial and residential development as the proposed amended Precise Plan, Finding The Increased Gateway Capacity alternative would improve traffic circulation within North Bayshore and reduce congestion of vehicles entering and exiting the area. All other impacts of the project would be similar under this alternative, with the exception of potential increased biological impacts. This alternative is contrary to adopted General Plan policies to not widen streets or construct substantial new transportation infrastructure that prioritizes automobile vehicle travel over other modes of transportation. For all these reasons, the Increased Gateway Capacity Alternative is considered infeasible and is not adopted. Environmentally Superior Alternative(s): The CEQA Guidelines state than an EIR shall identify an environmentally superior alternative. If the environmentally superior alternative is the "No Project' alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives (Section 15126.6(e) (2)). Based upon the previous discussion, the "No Project Alternative," which is the existing North Bayshore Precise Plan, would be the environmentally superior alternative. Although significant North Bayshore Precise Plan Project -55- November 2017 Findings of Fact and Statement of Overriding Considerations freeway and intersection impacts would still occur, these impacts would be greater with the residential development allowed under the amended North Bayshore Precise Plan. The "No Project Alternative" would not result in impacts to sensitive uses from hazardous materials contamination, groundborne vibration, and other construction impacts from the development of new residential uses. Apart from the "No Project" alternative, the alternatives considered would not substantially reduce the significant intersection and freeway impacts, The Reduced Residential alternative would somewhat reduce intersection and freeway impacts and, therefore, would be the environmentally superior alternative. This alternative, however, would not fulfill most of the amended Precise Plan's objectives for the density of new residential units in the area, and, as explained above, the Council finds it to be infeasible for that reason. SIGNIFICANT UNAVOIDABLE IMPACTS The Final SEIR and the CEQA Findings of Fact conclude that implementing the amended North Bayshore Precise Plan will result in certain significant impacts to the environment that cannot be avoided or substantially lessened with the application of feasible mitigation measures or feasible alternatives. A Statement of Overriding Considerations is therefore necessary to comply with CEQA, Public Resources Code, Section 21081, and the State CEQA Guidelines, Section 15093. The significant and unavoidable impacts and the benefits related to the Precise Plan as proposed are described below. The City Council has carefully weighed these impacts and benefits and finds that the benefits of implementing the Precise Plan outweigh the following significant and unavoidable environmental impacts. • Greenhouse Gas Emissions Impacts: Implementation of the amended North Bayshore Precise Plan would result in significant and unavoidable greenhouse gas emissions impacts from operational emissions, consistency with plans, and cumulative greenhouse gas emissions. + Transportation: Intersection Impacts: Under Existing with Project Conditions, implementation of the proposed project would increase motor vehicle traffic and congestion, resulting in significant and unavoidable impacts to local intersections. • Transportation: Freeway Impacts: Project traffic would result in significant impacts to freeway segments during the AM and PM peak hours. + Transportation: Transit Vehicle Delay Impacts: Implementation of the Precise Plan would result in a significant and unavoidable effect on transit vehicle operations at intersections with a significant and unavoidable determination. North Bayshore Precise Plan Project -56- November 2017 Findings of Fact and Statement of Overriding Considerations • Transportation: Cumulative Transportation Impacts: The cumulative projects, including the Precise Plan, would result in cumulatively significant and unavoidable impacts to intersections, freeway segments, and transit levels of service. The City Council finds that each of the following specific economic, legal, social, technological, environmental and other considerations and benefits of the Precise Plan, separately and independently, outweigh the unavoidable adverse environmental effects of the project, and each one is an overriding consideration independently warranting project approval. The Council finds that the significant unavoidable impacts of the project are overridden by each of these individual considerations, standing alone. The significant unavoidable environmental effects remaining after adoption of mitigation measures are considered acceptable in light of these significant benefits of the Precise Plan, as described in this statement of overriding considerations. STATEMENT OF OVERRIDING CONSIDERATIONS The City of Mountain View finds that the amended North Bayshore Precise Plan Project has benefits that outweigh the significant, unavoidable impacts identified above. The benefits of the project are: • It will blend residential, commercial, and office uses to create "complete neighborhoods" with services, open space, and transportation options for residents and area employees. Complete neighborhoods are desirable in that they reduce vehicle miles traveled when residents and area employees do not have to commute as far by car (or by car at all) for shopping, services and employment. The Plan's reduced parking standards for residential uses will further reduce private car usage and increase other, less impactful transportation modes. The new complete neighborhoods in the project area include new residential street standards to make biking/walking for area residents more convenient and comfortable. Reducing vehicle - miles -traveled in a community by encouraging biking, walking and the use of public transit over private -use automobile reduces longer -range traffic impacts, air pollution and greenhouse gas emissions, furthering the City and the State's shared goals of addressing climate change. • It will improve the jobs -housing balance of the North Bayshore area and the City as a whole by adding significant numbers of allowable residential units (up to 9,850 units) in North Bayshore. The explosive economic growth of the last several years following the 2008 recession has contributed to rapid local job creation. However, area employees are commuting longer distances between work and home because of the shortage or local housing units and high rents and purchase prices in the City. Amending the General Plan and North Bayshore Precise Plan to accommodate a substantial number of new residential units closer to existing and planned new commercial and office uses in and around the North Bayshore area will significantly improve the jobs -housing balance. North Bayshore Precise Plan Project -57- November 2017 Findings of Fact and Statement of Overriding Considerations • It will provide a substantial amount of new affordable housing (up to 20 percent of the total new housing allowed within the project area). As previously noted, the economic growth in and around the City has been a significant factor in increasingly expensive housing that is unaffordable to many would-be residents. New affordable housing in the project area will be incentivized through an affordable housing strategy that allows increased FAR (floor area ratio) along with more affordable units. The affordability restrictions on up to 1,970 new affordable units will make a substantial contribution to the City's affordable housing stock and help the City contribute to regional housing needs. • It will improve the diversity of the City's housing stock, by allowing a mix of multi- family units, including a goal of up to 70 percent one -bedroom and "micro' units, with the remaining 30 percent comprised of two- and three-bedroom units. SUMMARY • Based on the foregoing Findings and the information contained in the record, the City Council has made the following findings with respect to each of the significant effects of the project: Changes or alterations have been required in, or incorporated into, the project, which avoid or mitigate the significant effects on the environment to a less than significant level. — To the extent that those changes or alterations are within the responsibility and jurisdiction of another public agency, those changes have been, or can and should be, adopted by that other agency. Based on the foregoing Findings and the information contained in the record, it is determined that all significant effects on the environment due to the approval of the project have been eliminated or substantially lessened to a less than significant level, with the exception of the significant unavoidable greenhouse gas emissions, transportation, and cumulative greenhouse gas emissions and transportation impacts listed on the preceding pages for which a Statement of Overriding Consideration is adopted. CITATIONS 1. City of Mountain View. 2017. Draft Environmental Impact Report for the City of Mountain View North Bayshore Precise Plan Project. 2. City of Mountain View. 2017. Mitigation Monitoring Program for the City of Mountain North Bayshore Precise Plan Project -58- November 2017 Findings of Fact and Statement of Overriding Considerations View North Bayshore Precise Plan Project. 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