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Resolution 14494CITY OF ALAMEDA RESOLUTION NO. 4 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE BOATWORKS RESIDENTIAL PROJECT, ADOPTING FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE BOATWORKS RESIDENTIAL PROJECT REDUCED DENSITY ALTERNATIVE WHEREAS, on October 12, 2009, the City issued a Notice of Preparation ('NOP") of the Draft Environmental impact Report ( "DEIR ") for the Boatworks Residential Project (State Clearinghouse No. 2009102040); and WHEREAS, the NOP was circulated for comment by responsible and trustee agencies and the public for a total of 127 days from October 12, 2009 through February 16, 2010, during which time the City held a public scoping meeting on January 26, 2010; and WHEREAS, the DEIR, consisting of a one volume plus the DEIR Appendices, was issued on March 12, 2010, and was circulated for public review through April 28, 2010, for a total of 46 days, during which time the City held a public hearing on the DEIR on April 26, 2010; and WHEREAS, following the close of the public review period, the Final Environmental Impact Report ( "Final EIR ") was prepared, which responds to the written and oral comments received during the public review period; and WHEREAS, the Final EIR, which consists of the DEIR and DEIR Appendices, published on March 12, 2010, as well as comments on the DEIR, responses to those comments, and revisions to the DEIR contained in the Final EIR volume published on June 9, 2010 was made available to the public for review on June 9, 2010; . and WHEREAS, the Planning Board held a duly noticed public hearing on the Final EIR on June 21, 2010, and examined pertinent maps and documents, considered the testimony and written comments received; and WHEREAS, the Final EIR was presented to and independently reviewed and considered by the Planning Board; and WHEREAS, after consideration of the Final EIR and oral and written public testimony, the Planning Board unanimously recommended that the City Council certify the Final EIR for the reduced density alternative; and WHEREAS, the City Council held a public hearing on September 7, 2010 and considered the Final EIR and oral and written public testimony; NOW, THEREFORE, BE IT RESOLVED that the City Council: 1. Certifies that the Final El R for the Boatworks Residential Project has Page 1 of 2 been completed in compliance with the California Environmental Quality Act, Public Resources Code section 21 000 et seq., the State CEQA Guidelines, California Code of Regulations, title 14, section 15000 et seq., and all applicable state and local guidelines, and reflects the independent judgment of the City. 2. Finds that the Reduced Density Alternative, which is described in detail on pages 5 -9 to 5 -12 of the DF I R (as amended by text changes shown on Final EIR page), and in the June 21, 2010 staff report and materials presented to the Planning Board is a feasible, environmentally superior alternative to the proposed project and is consistent with the project objectives identified in the EIR. 3. Adopts the Findings and Statement of Overriding Considerations for the Boatworks Residential Project Reduced Density Alternative, attached hereto as Exhibit A. Page 2 of 2 EXHIBIT A FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE BOATWORKS RESIDENTIAL PROJECT REDUCED DENSITY ALTERNATIVE 1. ENVIRONMENTAL REVIEW PROCESS The Final Environmental Impact Report on the Boatworks Residential Project (State Clearinghouse No. 2009102040) ( "Final EIR" or "EIR "), prepared by the City of Alameda ( "City ") pursuant to the California Environmental Quality Act ( "CEQA "), Public Resources Code Section 2 1000 et seq. , analyzes the potential environmental impacts of implementing and constructing the Boatworks Residential Project ( "Proposed Project ") and alternatives, including a Reduced Density Alternative. The Final EIR. considers the environmental effects of all aspects of the project from construction through full occupancy, including work to prepare the property for redevelopment and environmental remediation activities. Mitigation measures are included to address the impacts of site preparation, remediation, construction, and full occupancy. The Final EIR consists of the Draft Environmental Impact Report ( "DEIR ") and DEIR Appendices, published on March 12, 2010, as well as comments on the DEIR, responses to those comments, and revisions to the DEIR contained in the Final EIR volume published on June 9, 2010. The EIR is a project -level EIR pursuant to Section 15161 of the State "CEQA Guidelines" (California Code of Regulations, Title 14, Section 15000 et seq. ). On October 12, 2009, the City issued a Notice of Preparation (NOP) indicating that an EIR would be prepared for the Proposed Project. The NOP was filed with the State Clearinghouse and circulated to governmental agencies and the public for 30 days for review and comment. Comment letters were received. The DEIR was published on March 1 2, 2010, for a 46-day public review period that ended on April 26, 2010. During that time, the DEIR was reviewed by various governmental agencies, as well as by interested individuals and organizations. In addition, members of the public were invited by formal public notice to submit comments on the DEIR in testimony at a public hearing held for that purpose on April 26, 2010. Additional public comments were received at this hearing. On June 21, 2010, the Planning Board endorsed the Reduced Density Alternative, which is described in detail on pages 5 -9 to 5 -12 of the DEIR, and in the staff report and materials presented to the Planning Board on May 24th, and June 21st, 2010. On Jul 15, 2010, the P July Planning Board denied the applications for the proposed project to build 242 units on the property. The Reduced Density Alternative would require demolition of the existing buildings and removal of the existing hardscape and parking areas, like the Proposed Project. New construction would consist of 180 housing units, internal circulation roadways and pedestrian paths, and a wider waterfront esplanade than the Proposed Project. The waterfront land between the project site and the Oakland Estuary would be rehabilitated, similar to the Proposed Project, but the Reduced Density Alternative would create a larger area of publicly accessible waterfront open space. The objectives for the project and the alternatives, which are listed on pages 5 -3 through 5-16 of the Draft EIR, are as follows: • Eliminate blighting influences and correct environmental deficiencies in the area including, but not limited to, abandoned buildings, incompatible land uses, depreciated or stagnant land values, contamination, inadequate public improvements, facilities and utilities. • Plan, redesign, and develop an underutilized site approximately 9.5 acres in size to complement the surrounding residential neighborhoods. • Provide a variety of housing types consistent with City of Alameda General Plan Housing Element goals and objectives. • Increase the supply of affordable housing in the City of Alameda. • Reduce the impact of automobile use and energy consumption through site design and by facilitating public transit opportunities, and providing bicycle paths and pedestrian paths through the site and along the waterfront. • Improve public access to and views of the waterfront by providing a waterfront promenade and allowing views to and through the site to the waterfront from Clement Avenue. The Final EIR was presented to the City Council, and the Council reviewed the Final EIR. The analysis and conclusions contained in the Final EIR reflect the independent judgment of the City. Based on all of the information and evidence in the record, the City hereby makes the following Findings with respect to the Boatworks Project Reduced Density Alternative. 11. SIGNIFICANT AND UNAVOIDABLE ADVERSE IMPACTS AND DISPOSITION OF RELATED MITIGATION MEASURES The Final EIR identifies the following significant and unavoidable adverse impacts and related mitigation measures associated with the Boatworks Project Reduced Density Alternative. Some of the significant and unavoidable traffic impacts identified for the Proposed Project would not occur under the Reduced Density Alternative, as described below. For the remaining significant and unavoidable impacts that would occur, the severity of the impacts would be lessened under the Reduced Density Alternative compared to the Proposed Project. It is hereby determined that these significant and unavoidable adverse impacts are acceptable for the reasons specified in Section V, below. Impact 4.B -4: Traffic at Intersection of Park Street and Blanding Avenue The addition of project-generated traffic would cause the level of service at the signalized intersection of Park Street and Blanding Avenue to degrade from LOS E to LOS F during the a.m. peak hour, and from LOS D to LOS E during the p.m. peak hour. 2 The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing trip generation associated with residential units. Although the increased park space could draw some additional visitors to the site, the Reduced Project Alternative would generate fewer vehicle and transit trips than the Proposed Project. Under the Reduced Density Alternative, this significant and unavoidable traffic impact would still occur, but the severity of the impact would be lessened compared to the Proposed Project. Implementation of Mitigation Measure 4.B-4, set forth below, which is hereby incorporated and shall be made a condition of the approval of the Reduced Density Alternative Development Plan, would improve vehicular operating conditions at the intersection of Park Street and Blanding Avenue by reducing average delay at the intersection by about 28 percent in the a.m. peak hour and by about 45 percent in the p.m. peak hour (improving the service level in each case from LOS F to LOS E). Mitigation Measure 4.B -4: The project shall provide full funding to restripe the Blanding Avenue approaches (eastbound and westbound) at Park Street to provide left turn pockets, modify the traffic signal to be fully actuated, provide protected left -turn phasing, modify the traffic control at the private driveway of the Waters Edge Nursing Home to stop -sign control, include audible pedestrian push buttons and pedestrian count down heads, and optimize the signal timing to improve the flow of traffic without causing a significant impact to pedestrian or transit level of service. The restriping would require the removal of 12 on- street parking spaces. Impact 4.13 -17: Traffic on Park Street at the Park Street Bridge With the addition of traffic from the Proposed Project, most of the MTS roadways would experience increases in volume from baseline conditions but no changes in the level of service. Significant impacts would occur at the following MTS roadways: • At the Park Street bridge, the a.m. peak -hour service level in northbound direction would be LOS F under Baseline No- Project conditions, and the project-generated increase in traffic volume would be about 3.6 percent. This would be considered a significant impact. • At the Park Street bridge, the p.rn. peak -hour service level in southbound direction would be LOS F under Baseline No- Project conditions, and the project-generated increase in traffic volume would be about 4.2 percent. This would be considered a significant impact. Under the Reduced Density Alternative, this significant and unavoidable traffic impacts would still occur, but the severity of the impact would be lessened compared to the Proposed Project. Potential Mitigation Measure 4.B -17a, which would require widening the Park Street bridge, is not feasible due to cost and because it is inconsistent with the General Plan, and is hereby rejected. Implementation of Mitigation Measure 4.B -17b, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density , would reduce the number of vehicle trips generated, but the level of reduction cannot be guaranteed. Therefore, the impact would remain significant and unavoidable. 3 Mitigation Measure 4.B -17b: Prior to project occupancy, the project applicant shall put into place a City-approved TDM program with the goal of reducing the number of peak hour trips by 10 percent. This will include the following measures: • Establish a Boatworks Home Owners Association (HOA) and CCRs for the project; • Assess the HOA an annual fee in an amount necessary to provide the following ongoing programs: • .EasyPass program (unlimited transit pass, usable on AC Transit buses), two passes per unit, additional passes per unit for residents may be purchased at cost; • .bicycle facilities in each unit; ® One car -share membership per residential unit; and Provide annual funding for transportation coordination services including, but not limited to, promotional information packages and planning services regarding available transportation options, and annual monitoring reports to City regarding effectiveness of programs and recommended enhancements to meet 10% reduction goal. Impact 4.0 -1: Inconsistency with ABAG Clean Air Plan For a local plan to be consistent with the regional air quality plan, it must be consistent with the most recently adopted CAP. While BAAQMD is in the process of preparing its 2009 CAP, the existing CAP is the Bay Area 2005 Ozone Strategy. General Plans of cities and counties must show consistency with regional plans and policies affecting air quality to support a determination of a less than significant impact on air quality. BAAQMD identifies three criteria for CAP consistency determinations: (1) population growth for the _jurisdiction under the proposed local plan will not exceed the values included in the current CAP; (2) rate of increase in vehicle miles traveled (VMT) for the jurisdiction under the proposed local plan will not exceed the rate of increase in population; and (3) transportation control measures (TCM' s) identified in the CAP for implementation by the local jurisdiction are included in the project design. The Proposed Project and the Reduced Density Alternative are consistent with criteria (1) and (3), but not with criterion (2). As discussed in DEIR Section 4.B, Transportation, the proposed development would result in a net new vehicle trip generation of approximately 2,316 daily trips. Using the URBEMIS2007 default trip length assumption of 9.5 miles for year 2011 for Alameda County, the resulting increase in VMT would be 19,800 miles. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing total trip generation and associated air quality emissions. Although recreation use would draw some additional visitors to the site, this alternative would generate fewer mobile air quality emissions and have fewer air quality impacts than the Proposed Project. 4 For year 2007, MTC data shows VMT for Alameda County of 36,402,500 miles. The Proposed Project VMT of 19,800 miles represents a rate of increase of VMT of 0.050 percent compared to a base year of 2007. MTC's population estimates for Alameda County are 1,558,600 in 2007. The Proposed Project population increase of 581 represents a rate of increase of population of 0.035 percent compared to a base year of 2007. Consequently, the rate of increase in VMT (0.050 %) would be greater than the rate of increase in population (0.035 %) and the project would be considered not to be consistent with the CAP. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing total trip generation and associated air quality emissions. Although recreation use would draw some additional visitors to the site, this alternative would generate fewer mobile air quality emissions and have fewer air quality impacts than the Proposed Project. In order to reduce the percentage growth of VMT to that of the population, it would be necessary to reduce project-related VMT by 7,059 miles, or about 36 percent. Implementation of Mitigation Measure 4.C-1, set forth below, which is hereby adopted and made a condition of approval of the Reduced Density Alternative , would reduce VMT, but not likely by the amount needed to reduce the impact to a less- than - significant level. Therefore, the impact would remain significant and unavoidable. Mitigation Measure 4.0 -1: Prior to project occupancy, the project applicant shall put into place a City-approved Transportation Demand Management program with the goal of reducing the number of peak hour trips by 10 percent. This will include the following measures: • Establish a Boatworks Home Owners Association (HOA) and CCR.r for the project; • Assess the HOA an annual fee in an amount necessary to provide the following ongoing programs: EasyFass program (unlimited transit pass, usable on AC Transit buses), two passes per unit, additional passes per unit for residents may be purchased at cost; Bicycle facilities in each unit; One car -share membership per residential unit; and • Provide annual funding for transportation coordination services including, but not limited to, promotional information packages and planning services regarding available transportation options, and annual monitoring reports to City regarding effectiveness of programs and recommended enhancements to meet 10% reduction goal. 5 Impact 4.C-6: Cumulative Contribution to Global Climate Change. Operation of the Proposed Project would result in emissions of greenhouse gases that contribute to global climate change. Greenhouse gas emissions would result from increases in motor vehicle trips, as well as from natural gas combustion, landscape maintenance activities, and other sources. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing total trip generation and associated air quality emissions. Although recreation use would draw some additional visitors to the site, this alternative would generate fewer mobile air quality emissions and have fewer air quality impacts than the Proposed Project. The GI IG emissions resulting from this project do not represent a significant contribution to global climate change based on any existing, adopted significance threshold. First, project emissions do not exceed any established air quality significance thresholds that apply to the construction or operation of the project. With respect to construction, GHG emissions are minor (only 145.2 total metric tons of CO2e) and of temporary duration. While operational emissions would exceed both the proposed 1,100 metric ton per year threshold and the proposed 4.6 metric ton per year per service population threshold of the BAAQMD, these thresholds are currently in draft form at the time of this analysis. Although these thresholds are only proposals at the time of this analysis, they are relevant to this analysis because they are the only quantitative thresholds currently in existence proposed by a regulatory agency with jurisdiction over the Proposed Project. In light of the foregoing, and given that total operational GHG emissions from the project are 4,774 metric tons of CO2e per year, this analysis finds there are significant impacts with respect to quantifiable GHG emissions resulting from the project. Mitigation Measures 4.C-1, 4.C-6a, 4.C-6b, and 4.C-6c, set forth below, which are hereby adopted and shall be made conditions of approval of the Reduced Density Alternative, would reduce GHG emissions associated with energy use of the Proposed Project. However, mobile GI-IG emissions alone represent approximately 72 percent of the total project emissions and would, alone, exceed the proposed BAAQMD GHG significance thresholds. For project emissions to fall below the less stringent service population threshold of 4.6 MT /year /service population, it would be necessary to reduce mobile emissions by approximately 59 percent. This level of trip reduction would be unlikely to be achieved even with the most aggressive transportation demand management measures. Consequently, while Reduced Density Alternative vehicle emissions would be reduced compared to the Proposed Project, the Reduced Density Alternative would still have a significant and unavoidable impact with regard to emission of GHG emissions that would make a cumulatively considerable contribution to global climate change. Mitigation Measure 4.0 -1: (See discussion of Impact 4.0 -1, above). Mitigation Measure 4.C-6a: In order to reduce GHG emissions from energy consumption and to maintain project operations consistent with the initiatives of the LAPCP, the project applicant shall pursue energy conserving building design and alternative energy conservation strategies to meet or exceed the most current Uniform Building Code requirements and State energy criteria. 6 Mitigation Measure 4.0 -6b: In order to maintain project operations consistent with Energy Initiative 6 of the LAPCP, no fireplaces or stoves installed as part of the proposed project may be wood - burning. Mitigation Measure 4.0 -6c: In order to maintain project operations consistent with Waste and Recycling Initiative 1 of the LAPCP, demolition and construction wastes shall be sorted and recycled to the extent feasible. A demolition recycling plan shall be developed prior to issuance of demolition permits and approved by City Building Department staff. Impact 4.E -1: Impact on Significant Historic Resources Both the Proposed Project and the Reduced Density Alternative would demolish all buildings on the project site, including the circa 1910 Steel Fabrication Shop /Warehouse and Compressor Room /Storage Building which have sufficient physical integrity to be considered historical resources for CEQA purposes. These two buildings appear to be contributors to a potential historic industrial district that is eligible for local listing. Demolition of these structures would materially alter in an adverse manner those characteristics which would qualify them for listing. Therefore, the Proposed Project would have a significant impact on historical resources because it would require demolition of the Steel Fabrication Shop /Warehouse and Compressor Room /Storage Building. Implementation of Mitigation Measure 4.E -1, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact; however, the impact would remain significant and unavoidable. Mitigation Measure 4.E -1 The project applicant shall document the circa 1910 Steel Fabrication Shop /Warehouse and Compressor Room /Storage Building in accordance with the Historic American Building Survey (HABS) Level II documentation standards of the National Park Service. Level II standards include the following: 1. Photographs. Large -format (4 x 5-inch negatives or greater), black and white photographs should be taken of all elevations of the two buildings, plus limited context and detail shots. A limited number of historical photos of the project site buildings, if available, should also be photographically reproduced. All photographs should be printed on acid free archival bond paper. 2. Written History. Prepare a written history of the project site and buildings using the HABS standard outline, format. 3 Drawings. If available, reproduce original building drawings on mylar or through photographic means. 4. Archiving. The completed HABS documentation package (photos, report, and drawings) shall be archived at the City of Alameda, the City ofAlameda Public Library, and the Northwest Information Center of Sonoma State University. The project applicant shall also provide an interpretive history exhibit in the form of a plaque or panel to describe the historical importance of the former Dow Company buildings to the general public. Information generated from the documentation effort, such as photographs and historical text, described above, can be utilized. for this effort as well. The interpretive exhibit can either be placed along the proposed waterfront trail /openspace, or at the corner of Clement Avenue and Oak Street. The interpretive exhibit should be designed by a professional architectural historian meeting the qualifications of the Secretary of the Interior 's Standards. Impact 4.E -5: Adverse Effect on Historic Resources in the Project Vicinity. The larger Northern Waterfront area contains numerous examples of primarily commercial and maritime - industrial uses which date to the late 1800s and early 1900s. While some buildings in these areas have been previously surveyed and evaluated for their potential historical significance, comprehensive surveys have not been completed for the entire area. Hence, it is unknown whether historically significant resources would be threatened by the proposed reuse efforts in these areas. Because both the Proposed Project and the Reduced Density Alternative could also substantially damage or destroy historically significant resources, this significant and unavoidable impact could combine with potentially significant and unavoidable impacts resulting from redevelopment elsewhere in the Northern Waterfront area to contribute to a significant cumulative impact to historic resources. Implementation of Mitigation Measures 4.E -I, 4.E -2, 4.E -3 and 4.E -4, set forth below, which are hereby adopted and shall be made conditions of approval of the Reduced Density Alternative, would reduce the contribution of the Reduced Density Alternative to cumulative impacts on historical resources, but not to a less -than- cumulatively considerable level. Therefore, the contributions of the Reduced Density Alternative to this cumulative impact would remain significant and unavoidable. Mitigation Measure 4.E -1: (See discussion of Impact 4.E -1, above). Mitigation Measure 4.E-2: If cultural resources are encountered, all activity in the vicinity of the find shall tease until it can be evaluated by a qualified archaeologist and a Native American representative. Prehistoric archaeological materials might include obsidian and chert flaked -stone tools (e.g., projectile points, knives, scrapers) or toolmaking debris; culturally darkened soil ("midden ") containing heat- affected rocks, artifacts, or shellfish remains; and stone milling equipment (e.g., mortars, pestles, handstones, or milling slabs); and battered stone tools, such as hammerstones and pitted stones. Historic -era materials might include stone, concrete, or adobe footings and walls; filled wells or privies; and deposits of metal, glass, and/or ceramic refuse. If the archaeologist and Native American representative determine that the resources may be significant, they shall notify the project applicant and the City of Alameda and shall develop an appropriate treatment plan for the resources. The archaeologist shall consult with Native 8 American monitors or other appropriate Native American representatives in determining appropriate treatment for unearthed cultural resources ifthe resources are prehistoric or Native American in nature. In considering any suggested mitigation proposed by the archaeologist and Native American representative in order to mitigate impacts to cultural resources, the project applicant shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation for cultural resources is being carried out. Mitigation Measure 4.E-3: If paleontological resources, such as• fossilized bone, teeth, shell, tracks, trails, casts, molds, or impressions are discovered during ground-disturbing construction activities, all such activities within 100 feet of the find shall be halted until a qualified paleontologist can assess the significance of the find and, if necessary, develop appropriate salvage measures in consultation with the City ofAlameda and in conformance with Society of Vertebrate Paleontology Guidelines (SVP, 1995; SVP, 1996). Mitigation Measure 4.E -4: If human skeletal remains are uncovered during project construction, the project applicant shall immediately halt work, contact the Alameda County coroner to evaluate the remains, and follow the procedures and protocols set forth in Section 15064.5 (e)(1) of the CEQA Guidelines. If the County coroner determines that the remains are Native American, the project applicant shall contact the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, subdivision (c), and Public Resources Code 5097.98 (as amended by AB 2641). Per Public Resources Code 5097.98, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this section (PRC 5097.98), with the most likely descendents regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. III. SIGNIFICANT ADVERSE IMPACTS IDENTIFIED IN THE FEIR THAT ARE REDUCED TO A LESS - THAN - SIGNIFICANT LEVEL BY MITIGATION MEASURES INCORPORATED INTO THE REDUCED DENSITY ALTERNATIVE The Final EIR identifies the following significant impacts associated with the Boatworks Project Reduced Density Alternative. These impacts are reduced to a less -- than - significant level by mitigation measures identified in the Final EIR and incorporated into the Reduced Density Alternative. It is hereby determined that the impacts addressed by these mitigation measures will be mitigated to a less-than-significant level or avoided by incorporation of these mitigation measures into the Reduced Density Alternative. To the extent that these mitigation measures will not mitigate or avoid all significant effects on the environment, it is hereby determined that 9 any remaining significant and unavoidable adverse impacts are acceptable for the reasons specified in Section V, below. Impact 4.B -3: Traffic on Park Street Between Buena Vista and Blanding Avenues The addition of project- generated traffic would cause the p.m. peak -hour arterial speed on northbound Park Street between Buena Vista Avenue and Blanding Avenue to degrade by about 1.2 mph, a 14 percent decrease, from Baseline conditions. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing trip generation associated with residential units. Although the increased park space could draw some additional visitors to the site, the Reduced Project Alternative would generate fewer vehicle and transit trips than the Proposed Project. Under the Reduced Density Alternative, this significant and unavoidable traffic impact would still occur, but the severity of the impact would be lessened compared to the Proposed Project. Implementation of Mitigation Measures 4.B -3a and 4.B -3b, set forth below, which are hereby adopted and shall be made conditions of approval of the Reduced Density Alternative development plan, would reduce the impact on transit (the highest priority transportation mode) to a less - than - significant level by implementing a City- approved Transportation Demand Management (TDM) program (Mitigation Measure 4.B-3a). Mitigation Measure 4.B -3a Prior to project occupancy, the project applicant shall put into place a City-approved TDM program with the goal of reducing the number of peak hour trips by 10 percent. This will include the following measures: • Establish a Boatworks Horne Owners Association (HOA) and CCRs for the project; • Assess the HOA an annual fee in an amount necessary to provide the following ongoing programs: EasyPass program (unlimited transit pass, usable on AC Transit buses), two passes per unit, additional passes per unit for residents may be purchased at cost; • Bicycle facilities in each unit; • One car -share membership per residential unit; and Provide annual funding, for transportation coordination services including, but not limited to, promotional information packages and planning services regarding available transportation options, and annual monitoring reports to City regarding effectiveness of programs and recommended enhancements to meet 10% reduction goal. 10 Impact 4.I3 --5: Temporary .Increases in Traffic Volumes Due to Project Construction. Construction - generated traffic would create a temporary and intermittent lessening of the capacities of streets in the project site vicinity because of the slower movements and larger turning radii of construction trucks compared to passenger vehicles, but would not cause any long term degradation of the operating conditions of the roadways in the vicinity of the project site. Although the impact would be temporary, truck movements could have an adverse effect on traffic flow in the project site vicinity; therefore, the impact is considered to be potentially significant. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing trip generation associated with construction of residential units, but adverse effects on traffic flow during the construction period would still occur. Implementation of Mitigation Measure 4.B -5, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, will reduce this impact to a less-than- significant level. Mitigation Measure 4.B -5: The project applicant and construction contractor(s) shall develop a construction management plan for review and approval by the Public Works .Department prior to issuance of any permits. The plan shall include at least the following items and requirements to reduce traffic congestion during construction: 1. A set of comprehensive traffic control measures shall be developed, including scheduling of major truck tips and deliveries to avoid peak traffic hours, detour signs if required, lane closure procedures, signs, cones for drivers, and designated construction access routes. 2. The Construction Management Plan shall identify haul routes for movement of construction vehicles that would minimize impacts on motor vehicle, bicycle, and pedestrian traffic, circulation, and safer, and specifically to minimize impacts to the greatest extent possible on streets in the project area. The haul routes shall be approved by the City. 3 The Construction Management Plan shall provide for notification procedures for adjacent property owners and public safety personnel regarding when major deliveries, detours, and lane closures would occur. 4. The Construction Management Plan shall provide for monitoring surface streets used for haul routes so that any damage and debris attributable to the hazel trucks can be identified and corrected by the project applicant. 11 Impact 4.B -8: Addition of Project Generated Traffic. The addition of project-generated traffic would cause the p.m. peak -hour arterial speed on northbound Park Street between Buena Vista Avenue and Blanding Avenue to degrade by about 0.3 mph, which is a 14 percent decrease from Cumulative Baseline conditions. The Reduced Density Alternative would reduce the number of residential units on the project site, thereby decreasing trip generation associated with residential units. Although the increased park space could draw some additional visitors to the site, the Reduced Project Alternative would generate fewer vehicle and transit trips than the Proposed Project. Implementation of Mitigation Measures 4.B -8a and 4.B -8b, set forth below, which are hereby adopted and shall be made conditions of approval of the Reduced Density Alternative, will reduce this impacts to a less - than- significant. Implementation of Mitigation Measure 4.B -3b would have a less- than - significant secondary impact on bicycle travel LOS, but would have a significant secondary impact on pedestrian travel LOS on the south and north crosswalks (carrying east -west pedestrian flow) across Park Street at the intersections of Blanding, Clement, and Buena Vista Avenues. Because Mitigation Measure 4.B -3b would mitigate the highest priority mode (transit), its implementation would outrank the pedestrian travel mode, and therefore the transit impact would be mitigated to a less- than - significant level, but the secondary pedestrian impact would be significant and unavoidable. The proposed signal timing and transit priority signals would also increase congestion for automobiles traveling on the cross streets Mitigation Measure 4.B -8a: Irnplernent Mitigation Measure 4.B -3a (see discussion of Impact 4.B -3 in Section II, above). Mitigation Measure 4.B -8b: The Project shall pay a fair share contribution to restriping the Park Street intersection approaches between Buena Vista Avenue and Blanding Avenue to provide transit queue jump lanes during the p. m. peak period (southbound) and a.m. peak period (northbound). Regardless of the feasibility of queue jump lanes, modify the traffic signals, controllers, signage, and signal timing at the Park Street intersections at Blanding, Clement, and Buena Vista Avenues to allow for transit signal priority to improve transit flow. Restriping would require the prohibition of on-street parking on the northbound side of the street during the a.m. peak period, and on the southbound side during the p. m. peak period to accommodate the transit queue jump lanes Impact 4.B -9: Traffic at Park Street and Blanding Avenue The signalized intersection of Park Street and Blanding Avenue would operate at an unacceptable LOS F during both the a.m. and p.m. peak hours under Cumulative Baseline conditions. Project-generated traffic would contribute more than three percent to the growth of intersection traffic volume from Existing to Cumulative Plus Project conditions during both peak hours. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing trip generation associated with residential units. Although the increased park space could draw some additional visitors to the site, the Reduced Project Alternative would 12 generate fewer vehicle and transit trips than the Proposed Project. Thus, the severity of the impact would be lessened compared to the Proposed Project. While the transportation impacts for all transportation modes at the intersection of Park Street and Blanding Avenue would be lessened (in priority order), they might not all be reduced to a less - than -- significant level. Transportation Policy 4.4.2.g recognizes this possibility and states, "some congestion may be identified in an EIR process as not possible to mitigate." Implementation of Mitigation Measure 4.B -4, which is hereby adopted and incorporated into the Reduced Density Alternative, would improve vehicular operating conditions at the intersection of Park Street and Blanding Avenue under cumulative conditions by reducing average delay at the intersection by about 21 percent in the a.m. peak hour and by about 46 percent in the p.m. peak hour (improving the service level in each case from LOS F to LOS E). Therefore, impacts to vehicular, pedestrian, transit, and bicycle travel would be reduced to a less- than - significant level. Mitigation Measure 4.B -9: Implement Mitigation Measure 4.B-4 (see discussion of Impact 4.B- 4 in Section II, above). Impact 4.B -10: Traffic at Park Street and Clement Avenue under Cumulative Baseline Conditions. The project-generated traffic would contribute more than three percent to the growth of intersection traffic volume from Existing to Cumulative Plus Project conditions during the p.m. peak hour. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing trip generation associated with residential units. Although the increased park space could draw some additional visitors to the site, the Reduced Project Alternative would generate fewer vehicle and transit trips than the Proposed Project. Implementation of Mitigation Measure 4 -10, set forth below, which is hereby adopted and made a condition of approval of the Reduced Density Alternative, will reduce this impacts to a less - than - significant. Mitigation Measure 4.10: The project applicant shall fund a fair share contribution to reconfigure and restripe the intersection of Park Street and Clement Avenue to add dedicated left turn lanes on the eastbound and westbound approaches of Clement Avenue, and a northbound dedicated left turn lane on Park Street, and to modify the traffic signals to include protected left turn phasing for all approaches, fully actuated traffic signal, and audible pedestrian push buttons and pedestrian count down heads. The reconfiguration would require acquisition of property from the northeast and southwest corners and the removal of approximately eight parking spaces. 13 Impact 4.13-11: Traffic at Oak Street and Clement Avenue under Cumulative Baseline Conditions. Project-generated traffic would contribute more than three percent to the growth of intersection traffic volume from Existing to Cumulative Plus Project conditions during both peak hours. The intersection would satisfy the Caltrans peak -hour signal warrants under Cumulative conditions without and with the Proposed Project. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing trip generation associated with residential units. Although the increased park space could draw some additional visitors to the site, the Reduced Project Alternative would generate fewer vehicle and transit trips than the Proposed Project. Implementation of Mitigation Measure 4.B-11, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less- than - significant level. Mitigation Measure 4.B-11: The project applicant shall fund a fair share contribution to the installation of traffic signals at the intersection of Oak Street and Clement Avenue, and the restriping of the eastbound Clement Avenue approach to provide an exclusive left -turn lane and a shared through/right-turn lane. Because ofpotential safety concerns with vehicles and bicyclists in the left turn lane driving /riding parallel to the existing railroad tracks, this mitigation also would require that the railroad tracks within the left -turn lane be removed. This mitigation also would require acquisition of the necessary right -of -way from the project at the northwest corner of Park Street and Clement Avenue to install the traffic signal poles, while maintaining ADA access. Impact 4.13 -12: Increased Traffic Due to the Clement Avenue Project Driveway (Elm Street Extension) As described on pages 4.B- -3 and 4.B -29 of the DBIR, the City plans to extend Clement Avenue from Sherman Street to Tilden Way. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing trip generation associated with residential units. Although the increased park space could draw some additional visitors to the site, the Reduced Project Alternative would generate fewer vehicle and transit trips than the Proposed Project. Implementation of Mitigation Measure 4.B-12, set forth below, which is hereby adopted and made a condition of approval of the Reduced Density Alternative, would reduce this impact to a Tess- than - significant level. Mitigation Measure 4.B-12: The project applicant shall fifnd a fair share contribution to the reconfiguration and restriping of Clement Avenue in front of the project site at Elm Street to include an eastbound left turn lane (into the project) and an eastbound center refuge /merge lane (/br traffic exiting the project). 14 Impact 4.0 -2: Short -term Emissions of Criteria Pollutants. Construction of the Proposed Project would have the potential to create air quality impacts through the use of heavy -duty construction equipment, haul truck trips, and vehicle trips generated from construction workers traveling to and from the site. In addition, fugitive dust or PVI K o emissions would result from excavation, trenching, and other construction activities. Mobile source emissions would result from the use of construction equipment such as bulldozers, graders, and excavators. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing total trip generation and associated air quality emissions. Although recreation use would draw some additional visitors to the site, the Reduced Density Alternative would generate fewer mobile air quality emissions and have fewer air quality impacts than the Proposed Project. Implementation of Mitigation Measure 4.C-1, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less - than - significant level. Mitigation Measure 4.0 -2: During construction, the project applicant shall implement both BAAQMD 's basic and enhanced dust control procedures listed below (BAAQMD CEQA Guidelines, 1999). The "basic" dust control program shall include, but not necessarily be limited to, the following: • Water all active construction areas at least twice daily. Watering should be sufficient to prevent airborne dust from leaving the site. Increased watering frequency may be necessary whenever wind speeds exceed 15 miles per hour. _Reclaimed water should be used whenever possible. • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard (i.e., the minimum required space between the top of the load and the top of the trailer). • Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. • Sweep streets (with water sweepers using reclaimed water if possible) at the end of each day if visible soil material is carried onto adjacent paved roads. • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. The "enhanced" dust control measures shall include the following: • Hydroseed or apply non - toxic soil stabilizers to construction areas and previously graded areas inactive for ten days or more • Enclose, cover, water twice daily or apply non - toxic soil binders to exposed stockpiles of dirt, sand, etc. 15 • Limit traffic speeds on unpaved roads to 15 miles per hour (mph) • Install sandbags or other erosion control measures to prevent silt runoff to public roadways • Replant vegetation in disturbed areas as quickly as possible Impact 4.0 -5: Cumulative Air Quality Impacts For projects that individually have a less- than - significant impact on regional air quality, the BAAQMD CEQA Guidelines state that the cumulative impact should be determined based on the project's consistency with the applicable local Clean Air Plan, in this case, the 2005 Bay Area Ozone Strategy and with the local general plan. As describe above in the discussion of Impact 4.C-1, both the Proposed Project and the Reduced Density Alternative were determined to be inconsistent with the 2005 plan due to a disproportionate increase in vehicle miles traveled compared to population growth. Consequently, while the Proposed Project and the Reduced Density Alternative would be considered to have a less- than - significant impact with regard to air quality and criteria air pollutants, would be considered to have a significant and unavoidable cumulative air quality impact. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing total trip generation and associated air quality emissions. Although recreation use would draw some additional visitors to the site, the Reduced Density Alternative would generate fewer mobile air quality emissions and have fewer air quality impacts than the Proposed Project. Implementation of Mitigation Measure 4.C-5, set forth below, which shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less - than - significant level. Mitigation Measure 4.0 -5: Trip Reduction I TDM: (See discussion of Impact 4.C-1, above). Impact 4.D -1: Construction Noise Levels in Excess of the City Noise Standards. Construction noise levels related to materials hauling would raise ambient noise levels along haul routes, depending on the number of haul trips made and types of vehicles used. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing total construction trips and associated noise. Implementation of Mitigation Measure 4.D -1, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less- than - significant level. Mitigation Measure 4.D -1: The project applicant shall incorporate the following requirements into the construction contract specifications: • Construction activities will be limited to the hours between of 7:00 am and 7:00 pm Monday through Friday and 8:00 am to 5:00 pm on Saturdays 16 • Equipment and trucks used for construction will use the industry standard noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically - attenuating shields or shrouds, wherever feasible). • Stationary noise sources will be located as far from adjacent receptors, whenever feasible, and they will be muffled and enclosed within temporary sheds. Insulation barriers and other measures will be used to the extent feasible. Impact 4.D -4: Indoor Noise Exposure. The area surrounding the project site has a greater than 60 dBA Leg noise level, which would exceed the City's goal for indoor noise exposure. Any residences, including those constructed as part of the Reduced Density Alternative, would be subject to Title 24 of the California Code of Regulations, which requires an interior noise standard of DNL 45 dBA in any habitable room and requires an acoustical analysis demonstrating how dwelling units have been designed to meet this interior standard. Implementation of Mitigation Measure 4.D -4, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less-than-significant level. Mitigation Measure 4.D -4: If necessary to comply with the interior noise requirements of the State and achieve an acceptable interior noise level, noise reduction in the form of sound -rated assemblies (i.e., windows, exterior doors, and walls) shall be incorporated into project building design, based upon recommendations of a qualified acoustical engineer. Final recommendations for sound- rated assemblies will depend on the specific building designs and layout of buildings on the site and shall be determined by the acoustical engineer during the design phase. Specific consideration shall be given to window size: degree of sound insulation of exterior walls, which can be increased through staggered- or double - studs; multiple layers of gypsum board; and incorporation of resilient channels. Impact 4.E -2: Possible Inadvertent Discovery of Archaeological Resources During Construction No archaeological resources have been recorded in the project site, and the project site has a low to moderate potential to contain buried prehistoric or historic -era sites. The possibility of encountering archaeological resources cannot be entirely discounted, however. Implementation of Mitigation Measure 4.E-2, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a Tess- than - significant level. Mitigation Measure 4.E -2: If cultural resources are encountered, all activity in the vicinity of the find shall cease until it can be evaluated by a qualified archaeologist and a Native American representative. Prehistoric archaeological materials might include obsidian and chert flaked -stone tools (e.g., 17 projectile points, knives, scrapers) or toolmaking debris; culturally darkened soil. ("rnidden ") containing heat - affected rocks, artifacts, or shellfish remains; and stone milling equipment (e.g., mortars, pestles, handstones, or milling slabs); and battered stone tools, such as hammerstones and pitted stones. Historic-era materials might include stone, concrete, or adobe footings and walls; filled wells or privies; and deposits of metal, glass, and/or ceramic refuse. If the archaeologist and Native American representative determine that the resources may be significant, they shall notify the project applicant and the City of Alameda and shall develop an appropriate treatment plan for the resources. The archaeologist shall consult with Native American monitors or other appropriate Native American representatives in determining appropriate treatment for unearthed cultural resources ifthe resources are prehistoric or Native American in nature. In considering any suggested mitigation proposed by the archaeologist and Native American representative in order to mitigate impacts to cultural resources, the project applicant shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation for cultural resources is being carried out. Impact 4.E -3: Possible Discovery of Unidentified Paleontological Resources During Construction There are no known fossil sites in the project site, and the geologic units underlying the site have very low potential to yield significant paleontological resources. Excavation activities for the project may excavate or otherwise disturb previous fills, relict dune sands, and Bay Mud deposits. Although these excavations are unlikely to yield fossil resources„ because it has not been proven that fossil resources do not occur within the subsurface geology of the site, disturbance or destruction of a paleontological resource is a potentially significant impact. Implementation of Mitigation Measure 4.E-3, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less- than- significant level. Mitigation Measure 4.E -3: If paleontological resources, such as fossilized bone, teeth, shell, tracks, trails, casts, molds, or impressions are discovered during ground-disturbing construction activities, all such activities within 100 feet of the find shall be halted until a qualified paleontologist can assess the significance of the find and, if necessary, develop appropriate salvage measures in consultation with the City of Alameda and in conformance with Society of Vertebrate Paleontology Guidelines (SVP, 1995; SVP, 1996). Impact 4.E -4: Possible Inadvertent Discovery of Human Remains During Construction There is no indication at the project site that the location has been used for burial purposes in the recent or distant past. Although it is unlikely that human remains would be encountered in the project site, in the event of the discovery of any human remains during project construction activities work would be halted. Damage to human remains would be a significant 18 impact. Implementation of Mitigation Measure 4.E -4, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less- than - significant level. Mitigation Measure 4.E-4: If human skeletal remains are uncovered during project construction, the project applicant shall immediately halt work, contact the Alameda County coroner to evaluate the remains, and follow the procedures and protocols set forth in Section 15064.5 (e)(I) of the CEQA Guidelines. If the County coroner determines that the remains are Native American, the project applicant shall contact the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, subdivision (c), and Public Resources Code 5097.98 (as amended by AB 2641). Per Public Resources Code 5097.98, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this section (PRC 5097.98), with the most likely descendents regarding their recommendations, if applicable, taking into account the possibility of multiple human remains Impact 4.F -1: Possible Take of Protected Birds or their Nests. Noise and activity resulting from construction activities, were it to exceed ambient levels, could cause nest abandonment and death of young birds or Toss of reproductive potential at active nests of special - status bird species located within the project site. In addition, grading and removal of vegetation and building structures could result in direct losses of nests, eggs, or nestlings. Like the Proposed Project, the Reduced Density Alternative also would involve redevelopment of the entire site. Because the Reduced Density Alternative would have an increased in the amount of open space area adjacent to the Estuary, development- related impacts on birds and operational water quality impacts on aquatic species may be slightly reduced compared to the Proposed Project. Implementation of Mitigation Measure 4.F -1, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less - than - significant level. Mitigation Measure 4.F-1: No more than two weeks in advance of any tree or shrub removal, or alteration to structures that would commence during the breeding season (February 1 through August 31), a qualified wildlife biologist shall conduct pre- construction surveys of all potential special-status bird nesting habitat in the vicinity of the planned activity. Pre -- construction surveys are not required for construction activities scheduled to occur during the non - breeding season (August 31 through January 31). Construction activities commencing during the non - breeding season and continuing into the breeding season do not require surveys (as it is assumed that any breeding birds taking up nests would be acclimated to project - related activities already under way). Nests initiated during construction activities would be presumed to be unaffected by project activities, and a buffer zone around such nests would not be necessary. However, a nest initiated during construction cannot be moved or altered. 19 If no active nests are found during pre- construction avian surveys, then no further mitigation is required. If active nests are found during pre - construction avian surveys, the results of the surveys shall be discussed with the appropriate resource agency and avoidance procedures shall be adopted, if necessary, on a case -by -case basis. Avoidance measures would most likely include a no- disturbance buffer around the nest, which will be maintained until a qualified biologist determines that the young have ,fledged or otherwise abandoned the nest. The size of the buffer zones and types of construction activities restricted within them shall be determined through consultation with resource agencies, taking into account factors such as: (1) noise and human disturbance levels at the project site and the nesting site at the time of the survey and the noise and disturbance expected during the construction activity; (2) distance and amount of vegetation or other screening between the project site and the nest; and (3) sensitivity of individual nesting species and behaviors of the nesting birds. Impact 4.F -2: Impacts to Migratory or Breeding Birds and Other Special - Status Species. Like the Proposed Project, the Reduced Density Alternative would involve redevelopment of the entire site.. Thus, both the Proposed Project and the Reduced Density Alternative would increase the potential for birds to be killed due to collision with window glass and artificial night lighting associated with the redevelopment of the project site. With an increase of open space area adjacent to the Estuary, development- related impacts on birds and operational water quality impacts on aquatic species may be slightly reduced in comparison to the Proposed Project. Implementation of Mitigation Measure 4.F -2, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less -than- significant level. Mitigation Measure 4.F -2: The applicant and project designer shall reduce building lighting from exterior sources by the following measures: Minimize amount and visual impact of perimeter lighting, through measures such as downward pointing lights, side shields, visors, and motion-sensor lighting. Utilize minimum wattage fixtures to achieve required lighting levels. 3 Use minimum wattage fixtures to achieve required lighting levels. Avoid placing water features in close proximity to glazed facades. 5. Design to avoid monolithic, undistinguishable expanses of glazing by maximizing "visual noise" both on the building scale and individual glass units. 20 Impact 4.F -3: Possible Take of Special -- Status Bat Species. Bats have the potential to roost in existing man -made structures and trees within or near the project site. Direct disturbance may occur due to tree removal, building removal, or roost destruction by any other means. Indirect disturbance to bat species may be caused by noise or increased human activity in area. The Proposed Project would involve tree removal and building removal through demolition of existing structures and site grading prior to construction. Like the Proposed Project, the Reduced Density Alternative would involve redevelopment of the entire site. Implementation of Mitigation Measures 4.F -3a, 4.F -3b, and 4.F -3c, set forth below, which shall be made conditions of approval of the Reduced Density Alternative, would reduce this impact to a less- than - significant level. Mitigation Measure 4.F -3a: Potential direct and indirect disturbances to bats shall be identified by locating colonies, and instituting protective measures prior to construction. No more than two weeks in advance of tree removal or demolition of buildings onsite, a qualified bat biologist (e.g., a biologist holding a CDFG collection permit and a Memorandum of Understanding with CDFG allowing the biologist to handle and collect bats) shall conduct pre - construction surveys for bat roosts. No activities that could disturb active roosts shall proceed prior to the completed surveys. Mitigation Measure 4.F -3b: If a bat colony is located within the project site during preconstruction surveys, the project shall be redesigned to avoid impacts, and a no- disturbance buffer acceptable in size to the CDFG shall be created around any roosts in the project vicinity, ifpossible. Bat roosts initiated during construction are presumed to be unaffected, and no buffer is necessary. However, the "take" of individuals is prohibited If there is a maternity colony present and the project cannot be redesigned to avoid removal of the tree or structure inhabited by the bats, demolition of that tree or structure shall not commence until after young are flying (i.e., after July 31, confirmed by a qualified bat biologist) or before maternity colonies form the following year (Le. prior to March 1). If a non- maternity roost must be removed as part of the project, the non - maternity roost shall be evicted prior to building /tree removal by a qualified biologist, using methods such as making holes in the roost to alter the air flow, or creating one-way funnel exits for the bats. Mitigation Measure 4.F -3c: If known bat roosting habitat is destroyed during building /tree removal, artificial bat roosts shall be constructed in an undisturbed area in the project site vicinity away from human activity and at least 200 feet from project demolition/construction activities. The design and location of the artificial bat roost(s) shall be determined by a qualified bat biologist. 21 Impact 4.F -4: Impact Special-Status Fish Species Project activities that occur in the Oakland Estuary, such as removing the existing boat ramps, pier, or sunken tugboat, or constructing a marina, could adversely affect Pacific herring spawning habitat, and special - status fish such as Pacific herring or salmonid species could be directly impacted by construction equipment. Indirect impacts on these species could occur if increased sedimentation or pollutants reduce water quality. In addition, development often increases the load of pollutants of concern associated with activities accompanying development, such as pesticides associated with home maintenance and lawn care, oil associated with vehicle usage and maintenance, and bacteria associated with municipal sewage and pet waste. Discharge of these pollutants would adversely affect fisheries and other aquatic biota. Like the Proposed Project, the Reduced Density Alternative would involve redevelopment of the entire site,. Implementation of Mitigation Measure 4.F -4, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less- than - significant level. Mitigation Measure 4.F -4: If dredging or pile- driving occurs as part of the project, the project applicant shall implement Best Management Practices (BMPs) for protection of salmonids and Pacific herring, that are identified in the Long -Term Management Strategy, for the Placement of Dredged Material in the San Francisco Bay Region (LTMS) (Corps, 2001).9 BMPs listed in the LTMS include the following: • installation of silt curtains and gunderbooms for filtering sediment; • mechanical dredge operations controls, including increased cycle time, elimination of multiple bucket bites, and elimination of bottom stockpiling; • hydraulic dredge operations controls, including reduction of cutterhead rotation speed, reduction of swing speed, and elimination of bank undercutting; • hopper dredges and barges operational controls, including reduction of hopper overflow, lower hopper fill levels, and use of a water recirculation system; an • use of specialty equipment, including pneuma pumps, closed or environmental buckets, large - capacity dredges, and specialized tools for precision dredging. In addition, dredging or pile-driving in the Oakland Estuary shall minimize impacts on special - status fish through one or more of the following methods: (1) dredging or piledriving shall only be conducted within work windows designated to cause the least impact on Pacific herring and salmonids (i.e., June through November, see Table 4.F -1); (2) dredging or pile- driving shall only produce noise levels below 150 decibels at 30 feetl D; and /or (3) dredging or pile - driving shall only be conducted in accordance with NMFS directives and Corps permits to reduce potential impacts on. fish species. 22 Impact 4.F -5: Possible Adverse Effect on Federally Protected Wetlands. The Oakland Estuary is a "navigable water" that is under the jurisdiction of the U.S. Army Corps of Engineers (Corps) under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. The Proposed Project includes several components that would impact the Oakland Estuary or its shoreline: creating a publicly accessible waterfront esplanade along the length of the shoreline; creating passive recreational access to the Oakland Estuary through concrete piers, a boardwalk, and viewing areas; removing a derelict dock and boat ramps that extend into the Estuary; removing a sunken boat; and /or seawall along the shoreline. Like the Proposed Project, the Reduced Density Alternative would involve redevelopment of the entire site,. Implementation of Mitigation Measures 4.F -5a and 4.F-5b, set forth below, which are hereby adopted and shall be made conditions of approval of the Reduced Density Alternative, would reduce this impact to a less- than - significant level. Mitigation Measure 4. F-5 a: The project applicant shall implement the following Best Management Practices (BMPs) during construction: (I) Install silt fencing, straw wattles or other appropriate erosion and sediment control methods or devices to prevent sediment from the upland portion of the site from entering the Estuary as a result of project activities. (2) Operate equipment (e.g., back-hoes and cranes) that is used for removal or installation of fill and rip -rap along the Estuary shoreline from dry land, where possible. Construction operations within the Oakland Estuary can also be barge- mounted or utilize other water-based equipment such as scows, derrick barges and tugs. (3) Prevent any fueling activity from occurring within 50 feet of the Oakland Estuary. (4) Where applicable, implement BMPs listed under Mitigation Measure 4.F -4 to avoid impacts to water quality resulting from dredging or other activities within open waters, as identified in the Long -term Management Strategy for the Placement of Dredged Material in the San Francisco Bay Region (LTMS) (Corps, 2001). (5) Test all materials proposed for excavation and dredging for the possible presence of contaminants. Construction practices shall be designed in coordination with the Corps, RWQCB, and other applicable agencies, to minimize the dispersion of contaminants into the water column and ensure proper disposal of contaminated materials. 23 Mitigation Measure 4.F-5b: The project applicant shall provide compensatory mitigation (i. e., "no net loss') for any temporary and permanent impacts to wetlands as defined by Section 404 of the Clean Water Act, as required by regulatory permits issued by the Corps, RWQCB, and BCDC. Measures may include but would not be limited to (1) onsite or offsite mitigation through wetland creation or restoration; and (2) development of a Mitigation and Monitoring Plan. Onsite or offsite Wetland Creation or Restoration. To the extent practicable, the project applicant shall restore the tidal marsh to the Oakland Estuary shoreline at a minimum 1:1 impact -to- restoration ratio, through activities such as removal of debris and concrete riprap, and revegetating with native tidal marsh species. If onsite restoration is not feasible, the project applicant shall negotiate compensatory offsite mitigation for wetland losses with applicable regulatory agencies, at a 3:1 impact -to- restoration ratio, or other ratio determined by the agencies. Mitigation and Monitoring Program. Prior to the start of construction or in coordination with regulatory permit conditions, the project applicant shall prepare and submit for approval to the Corps, R WQCB, and BCDC a mitigation and monitoring program that outlines the mitigation obligations for temporary and permanent impacts to waters of the U.S., including wetlands. The program shall include baseline information from existing conditions, anticipated habitat to be enhanced, thresholds of success, monitoring and reporting requirements, and site- specific plans to compensate for wetland losses resulting from the project. The Boatworks Residential Project Mitigation and Monitoring Plan shall include, but not be limited to, the following: • Clearly stated objectives and goals consistent with regional habitat goals. • Location, size, and type of mitigation wetlands proposed. • A functional assessment of affected jurisdictional waters to ensure that the EPA's "no net loss of wetland value " standard is net. The functional assessment shall also ensure that the mitigation provided is commensurate with the adverse impacts on Bay resources in accordance with BCDC mitigation policies. The assessment shall provide sufficient technical detail in the project design including, at a minimum, an engineered grading plan and water control structures, methods fog• conserving or stockpiling topsoil, a planting program including removal of exotic species, a list of all species to be planted, sources of seeds and /or plants, timing of planting, plant locations and elevations on the mitigation site base map, and maintenance techniques. • Docurnentation of performance, monitoring, and adaptive management standards that provide a mechanism for making adjustments to the mitigation site. Performance and monitoring standards shall indicate success criteria to be met within 5 years for vegetation, animal use, removal of exotic species, and hydrology. Adaptive management standards shall include contingency measures that outline clear steps to be taken if and 24 when it is determined, through monitoring or other means, that the enhancement or restoration techniques are not meeting success criteria. Impact 4.G -1: Potential Seismic Impacts to Proposed Structures and 1 or Retaining Walls. Due to the location of the project site in an area of high seismic risk, people could be harmed and structures may be damaged from strong ground - shaking; thus, Impact 4.G-1. is considered potentially significant. Similar to the Proposed Project, the Reduced Density Alternative would involve redevelopment of the entire site. The buildings constructed under the Reduced Density Alternative would be required to meet the sane California Building Code requirements as the units that would be constructed under the Proposed Project. Implementation of Mitigation Measures 4.G-la and 4.G-1b, set forth below, which are hereby adopted and shall be made conditions of approval of the Reduced Density Alternative, would reduce this impact to a less - than- significant level. Mitigation Measure 4.G-la: Asite - specific, design -level geotechnical investigation for the project shall be conducted as a condition of building permit. The investigation shall include detailed characterization of the distribution and compositions of subsurface materials and an assessment of their behavior during violent seismic ground - shaking. The analysis shall recommend design parameters that would be necessary to avoid or substantially reduce structural damage under peak ground accelerations of no less than 0.655g. The investigation and recommendations shall be in conformance with all applicable city ordinances and policies and consistent with the design requirements of Seismic Design Category E/F (very high vulnerability) of the California Building Code. The geotechnical report shall be prepared by a registered geotechnical engineer and approved by the City, and all recommendations shall be included in the final design of the project. Mitigation Measure 4.G -lb: Prior to issuance of occupancy permits, the project applicant shall prepare an earthquake hazards information document to the satisfaction of City staff This document shall be made available to any potential occupant prior to purchase or rental of the housing units. The document shall describe the potential for strong ground-shaking at the site, potential effects of f' ground shaking, and earthquake preparedness procedures. Impact 4.G -2: Potential Seismically - Induced Ground Failure. The California Geological Survey has designated the project and the entirety of Alameda Island as a Seismic Hazard Zone for liquefaction due to historic occurrences, the presence of unfavorable soils and shallow groundwater. Due to the location of the project site in an area of high liquefaction potential, people could be harmed and structures may be damaged from earthquake- induced liquefaction, rapid settlement or other earthquake- induced ground failures. 25 Similar to the Proposed Project, the Reduced Density Alternative would involve redevelopment of the entire site. The project site is subject to the requirement of the Seismic Hazards Mapping Act of 1990 to prepare a geotechnical report. The buildings constructed under the Reduced Density Alternative would be required to meet the same California Building Code requirements as the units that would be constructed under the Proposed Project. Implementation of Mitigation Measure 4. G -2, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less - than- significant level. Mitigation Measure 4.G-2: Earthwork, foundation and structural design for the project shall be conducted in accordance with all recommendations contained in the required geotechnical investigation (Mitigation Measure 4.G-1 a). The investigation must include an assessment of all potentially foreseeable seismically- induced ground failures, including liquefaction, sand boils, lateral spreading and rapid settlement. Mitigation strategies must be designed, far the site-specific conditions of the project and must be reviewed for compliance with the guidelines of CGS Special Publication 117 prior to incorporation into the project. Examples of possible strategies include edge containment structures (berms, diked sea walls, retaining structures, compacted soil zones), removal or treatment of liquefiable soils, soil modification, modification of site geometry, lowering the groundwater table, in -situ ground densification, deep foundations, reinforced shallow foundations, and structural design that can accommodate predicted displacements. Impact 4.G -3: Consolidation and Land Subsidence. The project site, especially the northern portion that is underlain by artificial fill and Bay Mud, is susceptible to settlement. Construction of new shallow foundations and /or placement of new fill at the site would begin a new cycle of consolidation settlement in the Bay Mud. Buried foundations or foundation elements may also act as "hard points" beneath new roads or utilities, resulting in the potential for abrupt differential settlement. Soil consolidation and differential settlement presents a potentially significant impact to the Proposed Project. Similar to the Proposed Project, the Reduced Density Alternative would involve redevelopment of the entire site. The buildings constructed under the Reduced Density Alternative would be required to meet the same California Building Code requirements as the units that would be constructed under the Proposed Project. Implementation of Mitigation Measure 4.0 -3, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less-than-significant level. Mitigation Measure 4.G -3: The required geotechnical report for the project (Mitigation Measure 4. G -1 a) shall determine the susceptibility of the project site to settlement and prescribe appropriate engineering techniques for reducing its effects. Where settlement and /or differential settlement is predicted, mitigation measures such as lightweight fill, geofoam, surcharging, wick drains, 26 deep foundations, structural slabs, hinged slabs, flexible utility connections, and utility hangers could be used. These measures shall be evaluated and the most effective, feasible, and economical measures shall be recommended. Engineering recommendations shall be included in the project engineering and design plans, and be reviewed and approved by a registered geotechnical engineer. All construction activities and design criteria shall comply with applicable codes and requirements of the most recent California Building Code, and applicable City construction and grading ordinances. Impact 4.1-1-3: Water Quality Impacts from Fertilizer and Pesticide Use. The Proposed Project would redevelop an underutilized industrial area into a residential development that includes a shoreline park and landscaped areas surrounding the development. New pervious areas would replace areas that are currently impervious. The increase in pervious areas on the project site could increase the amount of pollutants in runoff associated with maintenance of landscaped areas, particularly nutrients from pesticides and fertilizers typically used in parks. In addition to complying with the existing water quality protection requirements and ordinances implemented through the City, the Regional Water Quality Control Board, and Alameda County, implementation of Mitigation Measure fI -1, set forth below, which shall be required as a condition of approval for a Reduced Density Alternative plan, would reduce this impact to a less- than - significant level. Mitigation Measure 4.1I -3: An Integrated Pest Management Plan (IPM) shall be prepared and implemented by the project applicant for all common landscaped areas. The IPM .shall be prepared by a qualified professional and shall recommend methods of pest prevention and turf grass management that use pesticides as a last resort in pest control. Types and rates of fertilizer and pesticide application shall be specified. The IPM shall specify methods of avoiding runoff of pesticides and nitrates into receiving storm drains and surface waters or leaching into the shallow groundwater table. Pesticides shall be used only in response to a persistent pest problem that cannot be resolved by non pesticide measures. Preventative chemical use shall not be employed. Cultural and biological approaches to pest control shall be fully integrated into the IPMs, with an emphasis toward reducing pesticide application. Impact 4.1 -1: Hazardous Material Exposure Due to Demolition. Demolition of existing structures on the project site may expose construction workers, the public, or the environment to hazardous materials such as lead-based paint, asbestos containing materials, and PCBs. Implementation of Mitigation Measures 4.I-1a through 4.1 -1 e, set forth below, which are hereby adopted and shall be made conditions of approval of the Reduced Density Alternative, would reduce this impact to a less-than-significant level. 27 Mitigation Measure 4J-la: Each structure proposed for demolition shall be assessed by qualified licensed contractors for the potential presence of lead -based paint or coatings, asbestos containing materials, and PCB - containing equipment prior to issuance of a demolition permit. Mitigation Measure 4.I -1b: If the assessment required by Mitigation Measure 41-la finds presence of lead -based paint, asbestos, and/or PCBs, the project applicant shall create and implement a health and safety plan to protect workers from risks associated with hazardous materials during demolition or renovation of affected structures. Mitigation Measure 4.1-le: If the assessment required by Mitigation Measure 4I -1 a finds presence of lead -based paint, the project applicant shall develop and implement a lead-based paint removal plan. The plan shall specify, but not be limited to, the following elements for implementation: • Develop a removal .specification approved by a Certified Lead Project Designer. • Ensure that all removal workers are properly trained. • Contain all work areas to prohibit off-site migration of paint chip debris. • Remove all peeling and stratified lead -based paint on building and non- building surfaces to the degree necessary to safely and properly complete demolition activities according to recommendations of the survey. The demolition contractor shall be responsible for the proper containment and disposal of intact lead -based paint on all equipment to be cut and /or removed during the demolition. • Provide on -site personnel and area air monitoring during all removal activities to ensure that workers and the environment are adequately protected by the control measures used. • Clean up and /or vacuum paint chips with a high efficiency particulate air (HEPA) filter. • Collect, segregate, and profile waste for disposal determination. • Properly dispose of all waste. 28 Mitigation Measure 4.1-1d: If the assessment required by Mitigation Measure 4.I -a finds asbestos, the project applicant shall ensure that asbestos abatement shall be conducted by a licensed contractor prior to building demolition. Abatement of known or suspected ACMs shall occur prior to demolition or construction activities that would disturb those materials. Pursuant to an asbestos abatement plan developed by a state-certified asbestos consultant and approved by the City, all ACMs shall be removed and appropriately disposed of by a state certified asbestos contractor. Mitigation Measure 4.I --le: If the assessment required by Mitigation Measure 4I -1 a finds PCBs, the project applicant shall ensure that PCB abatement shall be conducted prior to building demolition or renovation. PCBs shall be removed by a qualified contractor and transported in accordance with Caltrans requirements. Impact 4.1 -2: Hazardous Material Exposure from Soil and Groundwater Disturbance. Soil and groundwater at the project site has been contaminated from historical industrial uses. While the contamination discovered at 2235 and 2241 Clement Avenue was remediated, and DTSC has certified the site for residential use, areas that may previously have been inaccessible due to the presence of existing structures could potentially contain pockets of previously unidentified contamination that may be disturbed due to demolition buildings, excavation, grading, and trenching activities, causing exposure to construction workers, the public or the environment. Implementation of Mitigation Measures 4.I-2a through 4.I-2c, set forth below, which are hereby adopted and shall be made a conditions of approval of the Reduced Density Alternative, would reduce this impact to a less- than - significant level. Mitigation Measure 4.I -2a: The project applicant shall prepare a health and safety plan, based on the site conditions and past contaminant release history and remediation, by a licensed industrial hygienist. The health and safety plan shall identify potential contaminants that may be encountered, appropriate personal protective equipment, and worker safety procedures for spills and accidents. Mitigation Measure 4.I-2b: To reduce environmental risks associated with encountering contaminated soil discovered during grading and construction, the project applicant shall ensure that any suspected contaminated soil is stockpiled separately, sampled for hazardous material content, and disposed of in accordance with all applicable state, federal, and local laws and regulations. All contaminated soil determined to be hazardous or non- hazardous waste shall have received 29 all laboratory analyses for acceptable disposal as required by the receiving facility before it can be removed from the site. Mitigation Measure 4.I -2c Prior to issuance of any building or grading permits, any areas of identified contamination shall have completed all measures required by ACDEH, DTSC or RWQCB for site closure, and shall be certified for residential use. Where necessary, additional remediation to permit residential use and occupancy of the project shall be accomplished by the project applicant prior to issuance of any building or grading plans. IV. ALTERNATIVES A. No Project Alternative Consideration of a No Project Alternative is required under CEQA. This Alternative is analyzed consistent with the requirements of State CEQA Guidelines Section 15126.6(e) (3)(A), which states that when the project under evaluation is the revision of an existing land use or regulatory plan, the "no project" alternative will be the continuation of the existing plan. The No Project Alternative, described in more detail in the DEIR, pages 5 -4 — 5-6, assumes no changes in the existing environment, and assumes continuation of the existing conditions on the site for an unknown period of time. The existing buildings would not be demolished, and the hardscape and parking areas would remain. Access to the site would continue to be controlled with a chain - link fence and gate. This alternative would not include a rezoning or General Plan amendment. The waterfront land between the project site and the Oakland Estuary could be rehabilitated in the future with a waterfront park, running from the Estuary in the north 300 feet southward across the project site. Although it is reasonable to assume that the project site would eventually be developed, no other plans for the project site are currently under consideration. None of the mitigation measures identified for the Proposed Project would be applicable to the No Project Alternative. The No Project Alternative would eliminate or substantially reduce all proj ect- related impacts. No change in land use would occur, and there would be no significant impact to cultural resources, although the existing buildings would continue to deteriorate over time. The strip of land between the project site and the waterfront would continue to have dilapidated and deteriorating piers, as there are no proposals to remove them. The No Project Alternative would not meet any of the objectives of the Proposed Project or Reduced Density Alternative, in particular to eliminate blighting influences and correct environmental deficiencies in the area. Furthermore, the No Project Alternative would not support the City's affordable housing goals. The No Project Alternative would fail to meet all of the basic objectives; therefore, the No-Action Alternative is hereby rejected as infeasible. 30 B. Preservation Alternative The Preservation Alternative, described in more detail in the DEIR, pp. 5 -6 — 5 -9, would retain and rehabilitate the circa 1910 Steel Fabrication Shop and Warehouse, and the circa 1910 Compressor Room/Storage Building. This alternative would construct new in -fill residential uses elsewhere on the project site in a manner similar to the Proposed Project, yet at a reduced size and density; approximately 171 residential units would be developed, compared to 242 units with the Proposed Project. The circulation pattern would also be revised to accommodate the existing historic buildings. It is assumed that the Steel Fabrication Shop /Warehouse and Compressor Room /Storage Building would be upgraded for ADA and seismic code compliance, and all rehabilitation efforts would be consistent with the guidance provided by the Secretary of the Interior's Standards for Rehabilitation ( "Secretary's Standards "). The Secretary of the Interior defines rehabilitation as "the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values." The Compressor Room /Storage Building, specifically, would be retained and rehabilitated for use as a community center. The Steel Fabrication Shop and Warehouse would be retained and rehabilitated for use as a recreation center or commercial space that is compatible with the proposed residential uses immediately adjacent to this building. While not all of the large interior spaces of the industrial building must be retained to comply with the Secretary's Standards, at least some portions of the interior, high -bay form and exposed wood roof trusses and posts would be retained to convey the building's former industrial use. The Preservation Alternative would meet the basic objectives of the Proposed Project, in particular to eliminate blighting influences and correct environmental deficiencies in the area and redeveloping the underutilized site. In addition, the Preservation Alternative would support the City's affordable housing goals; however, the if the housing is built and the buildings are preserved the community's desire for two acres of open space could not be accommodated. Therefore the preservation alternative would need to either provide the open space or meet the housing objectives, but it could not meet both objectives completely. . • The Preservation Alternative is determined to be infeasible for the following reasons: The existing structures are in a sever state of disrepair. Most of the buildings have been determined to be unsafe to enter. To rehabilitate and reuse the buildings would require that the building be completely deconstructed and rebuilt from the ground up. This is the most expensive type of construction process and exceeds the cost of simply building a new building. 2. If the buildings were re -built to recreate the original industrial buildings constructed on the site in 1910, these new buildings would be extremely difficult to re- tenant and reoccupy. The economic conditions in the bay area and the location of the buildings make it infeasible to get construction loans to build new buildings for office or even light manufacturing use on a speculative basis. The Oakland Alameda market area is currently 31 experiencing very high vacancy rates in existing office and light industrial office centers. It has also been suggested that the buildings might be reoccupied by a large scale retailer such as Barnes and Noble. Barnes and Noble recently vacated a similar building in Jack London Square due to the current economic conditions. In conclusion, a commercial lending institution will not provide construction loans for a very expensive reconstruction proposal to create new _large scale warehouses on the speculation that that the new buildings could be leased to an office, retail or light manufacturing use at a lease rate that would be adequate to cover the costs of the project. . C. City Park Alternative Under the City Park Alternative, described in more detail in the DEIR, pp. 5-13 -- 5-16, the City would purchase approximately 4.5 acres of the property adjacent to the Oakland /Alameda Estuary for the proposed 10 acre Estuary Park, and the remaining 5.5 acres would be purchased by the City as adjacent properties were redeveloped. As described in the General Plan, the City would purchase the 4.5 acres, make the improvements to the property for a public park, and maintain the park in perpetuity. The City -owned waterfront land between the project site and the Oakland Estuary would be rehabilitated, improved, and maintained by the City for a city park. A waterfront esplanade would be located within the waterfront park, running from the Estuary for a distance of 300 feet southward across the project site. The remaining five acres of the property between the City Park and Clement Street would be redeveloped by the property owner with residential units consistent with the General Plan and zoning for that portion of the site. The existing buildings would be demolished, and the hardscape and parking areas would be removed. The alternative would include approximately 125 housing units, internal circulation roadways and pedestrian paths. The City Park Alternative would meet the basic objectives of the Proposed Project, in particular to eliminate blighting influences and correct environmental deficiencies in the area and redeveloping the underutilized site. In addition, the City Park Alternative would support the City's affordable housing goals, but to a lesser extent than the Preservation and Reduced Density Alternatives. However, the City Park Alternative would provide a more opportunities for public access to and views of the waterfront. The City Park Alternative would fail to meet in a timely fashion, the objectives of eliminating blighting influences and correct environmental deficiencies in the area including, but not limited to, abandoned buildings, incompatible land uses, depreciated or stagnant land values, contamination, inadequate public improvements, facilities and utilities. It also would fail to meet the objective of increasing the supply of affordable housing in the City of Alameda.. Furthermore, as stated on page 4.A -9 of the DEIR, the General Plan polices calling for creation of a park on the project site were adopted in 1991, and the City has been unsuccessful in raising funds to acquire land for the 10 -acre park despite many attempts over the years. Given the City's current financial conditions and for the foregoing reasons, the City Park Alternative is hereby rejected as infeasible. 32 D. Environmentally Superior Alternative Based on the evaluation described in this section, the No Project Alternative, the Preservation Alternative, the Reduced Density Alternative, and the City Park Alternative would all be environmentally superior to the proposed project The "No Project" alternative would be as the most environmentally superior alternative with the fewest environmental impacts. However, the No Project Alternative does not meet some of the key objectives and goals of the project, namely eliminating blight and improving public access to the waterfront. As explained on page 5--16 of the DEIR, the Preservation Alternative would be the "environmentally superior alternative" as defined in CEQA Guidelines section 15126.6(e)(2). The Preservation Alterative would meet the project objectives while eliminating the significant and unavoidable effect of the Proposed Project on cultural resources. The Reduced Density and City Park Alternatives would have less severe traffic and transit impacts than either the proposed project or the Preservation Alternative, because both the Reduced Density and City Park Alternatives would generate fewer peak hour trips than both the Preservation Alternative and the Proposed Project. V. STATEMENT OF OVERRIDING CONSIDERATIONS Pursuant to CEQA Guideline Section 15093, the City Council has balanced the benefits of the Reduced Density Alternative against its unavoidable environmental risks in determining whether to approve the Alternative, and has determined that the benefits of the Reduced Density Alternative outweigh the unavoidable adverse environmental effects. The reasons set forth below are based on the Final EIR. and other information in the record. The City Council hereby finds that the following specific economic, legal, social, technological, or other benefits of the Reduced Density Alternative will outweigh the unavoidable adverse environmental effects of it for the following overriding considerations: The Reduced Density Alternative will: 1. Eliminate blight and address a hazardous condition in the area, including but not limited to, remediation of contamination on the site and removal of abandoned and dilapidated buildings that pose a safety concern. 2. Provide new and improved infrastructure, such as streets and landscaping and a public park, without generating new costs to the General Fund. 3. Result in 180 new residential units for the city and the region to help address the regional housing need and increase the supply of affordable housing in the City of Alameda 4. Improve public access to and views of the waterfront by providing two acres of public waterfront open space. J3 5. Generate new revenue for the General Fund by redeveloping the site and provide jobs during the construction process. VI. INCORPORATION BY REFERENCE The Final EIS. is hereby incorporated into these Findings in its entirety. Without limitation, this incorporation is intended to elaborate on the scope and nature of the mitigation measures, the basis for determining the significance of impacts, the comparative analysis of alternatives, and the reasons for approving the Boatworks Residential Project Reduced Density Alternative in spite of the potential for associated significant and unavoidable adverse impacts. VII. RECIRCULATION NOT REQUIRED No significant new information was added to the DEIR as a result of the public comment process. The Final EIR responds to comments, and clarifies, amplifies and makes insignificant modifications to the DEIR. The Final EIR does not identify any new significant effects on the environment or a substantial increase in the severity of an environmental impact requiring major revisions to the DEIR. Therefore, recirculation of the DEIR is not required. VIII. RECORD OF PROCEEDINGS Various documents and other materials constitute the record of proceedings upon which the Board bases its findings contained herein. The record of proceedings is located in the offices of the City of Alameda Community Development Department. Ix. SUMMARY A. Based on the foregoing Findings and the information contained in the record, the City Council has made one or more of the following Findings with respect to each of the significant environmental effects of the Boatworks Residential Project Reduced Density Alternative: Changes or alterations have been required in, or incorporated into, the Reduced Density Alternative that avoid or substantially lessen the significant environmental effects identified in the Final EIR. 2. To the extent that such changes or alterations are within the responsibility and jurisdiction of another public agency and not the City of Alameda, those changes or alterations have been, or can and should be, adopted by that other agency. 3. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or other alternatives identified in the environmental impact report. 34 B Based on the foregoing Findings and the information contained in the record, it is determined that: 1. All significant effects on the environment due to the approval of the Boatworks Residential Project Reduced Density Alternative have been eliminated or substantially lessened where feasible. 2. Any remaining significant effects on the environment found to be unavoidable are acceptable due to the factors described in the Statement of Overriding Considerations in Section V, above. 35 Reduced Density A ternative a MRP EXHIBIT 7: MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) m p ementat on Mitigation Measures Adopted as Conditions of Procedures Approval Monitoring Responsibility Monitoring and Monitoring Reporting schedule Action B. Transportation and Circulation MM B 3a: Prior to project occupancy, the project applicant shall put into place a City- approved Transportation Demand Management program with the goal of reducing the number of peak hour trips by 10 percent. This will include the following measures: Establish a Boatworks Home Owners Association (HOA) and CCRs for the project; Assess the HOA an annual fee in an amount necessary to provide the following strategies: EasyPass program (unlimited transit pass, usable on AC Transit buses), two passes per unit, additional passes per unit for residents may be purchased at cost; — Bicycle facilities in each unit; - One car -share membership per residential unit; and — Provide annual funding for transportation coordination services including, but not limited to, promotional information packages and planning services regarding available transportation options, and annual monitoring reports to City regarding effectiveness of programs and recommended enhancements to meet o% reduction goal. Applicant will dra Transportation Demand Management program that adhere s to all specifications in this measure Department of Public Works (DPW) will approve TDM program. Applicant will establish a Boatworks Home Owners Association (HCA) and CCRs. City of Alameda HOA will Prior to Department of provide occupancy of first Public Works I annual unit, TDM monitoring program must be reports to the approved by the City City. Annually thereafter, the HOA must provide monitoring reports with any recommendations to revise program to improve trip reductions. MM B-4: The project applicant shall restripe the Blanding Avenue approaches (eastbound and westbound) at Park Street to provide left turn pockets, modify the traffic signal to be fully actuated, provide protected left -turn phasing, modify the traffic control at the private driveway of the Waters Edge Nursing Home to stop -sign control, include audible pedestrian push buttons and pedestrian count down heads, and optimize the signal timing to improve the flow of traffic without causing a significant impact to pedestrian or transit level of service. Applicant shall provide improvement plan for DPW review and approval and complete the Improvement prior to occupancy. of the final loo housing unit. 1 City of Alameda Public Works Department 100th 1 Prior to 100th Building 1 Building Permit 1 Permit MMRP 1 6. Mitigation Monitoring and Reporting Program MMRP Mitigation Measures Adopted as Conditions o Approval mplementation Procedures Monitoring Responsibility Monitoring and Monitoring Reporting Schedule Action MM B -5: The project applicant and construction contractor(s) shall develop a construction managemen plan for review and approval by the Public Works Department prior to issuance of any permits. The plan shall include at least the following items and requirements to reduce traffic congestion during construction: 1 „ A set of comprehensive traffic control measures shall be developed, including scheduling of major truck trips and deliveries to avoid peak traffic hours, detour signs if required, lane closure procedures, signs, cones for drivers, and designated construction access routes. 2. The Construction Management Plan shall identify haul routes for movement of construction vehicles that would minimize impacts on motor vehicle, bicycle, and pedestrian traffic, circulation, and safety, and specifically to minimize impacts to the greatest extent possible on streets in the project area. The haul routes shall be approved by the City. 3-0 The Construction Management Plan shall provide for notification procedures for adjacent property owners and public safety personnel regarding when major deliveries, detours, and lane closures would occur. The Construction Management Plan shall provide for monitoring surface streets used for haul routes so that any damage and debris attributable to the haul trucks can be identified and corrected by the project applicant Project Applicant and its contractor(s) obtain approval of construction management plan and implement the plan during construction City of Alameda Public Works Department MM B -Bb: Fund a fair share contribution to restriping Park Street between Buena Vista and Blanding Avenues to accommodate transit queue jump lanes, and modify the traffic signals and signal timing at the Park Street intersections at Blanding, Clement, and Buena Vista Avenues). Applicant to provide a fair share payment in an amount of$1 ,300. MM B -10: Fund a fair share contribution to reconfigure - D- PW prepares and restripe the intersection of Park Street and Clement Avenue to add dedicated left turn lanes on the eastbound and westbound approaches of Clement Avenue, and a northbound dedicated left turn lane on Park Street, and to modify the traffic signals to include protected left turn phasing for all approaches, fully actuated traffic signal, and audible pedestrian push buttons and pedestrian count down heads. The reconfiguration would require acquisition of property from the northeast and southwest corners and the removal of approximately eight parking spaces. MM B-11: Fund a fair share contribution to the installation of traffic signals at the intersection of Oak Street and Clement Avenue, and the restriping of the eastbound Clement Avenue approach to provide an construction specifications of required intersection improvements, including cost estimate. DPW CIC will pay fair share contribution of the cost estimate for improvements. DPW prepares construction specifications of required (DPW DPW City of = Prior to issuance Alameda = of building or Public Works grading permit(s) Department must review prior to issuance of permits. DPW 1 Prior to approval of final map. Boatworks Residential Project 2 Mitigation Monitoring Program DPW Prior to occupancy of 1 final unit. DPW Improvement to be completed as part of Clement Extension from 6. Mitigation Monitoring and Reporting Program Mitigation Measures Adopted as Conditions o Approval MMRP n' ple en tatiori Procedures Monitoring Responsibility Monitoring and Reporting Action Monitoring Schedule exclusive left--turn lane and a shared through /right -turn lane. This mitigation also would require acquisition of the necessary right -of -way from the project at the northwest corner of Park Street and Clement Avenue to install the traffic signal poles, while maintaining ADA access. MM B -12: The Site Development Plan will include a circulation and access analysis prepared by a registered traffic engineer to ensure that the planned internal circulation system adequately provides for automobile queuing, distances between intersections, commercial vehical access, and pedestrian and bicycle visibility and access. Fund a fair share contribution to the reconfiguration and restriping of Clement Avenue in front of the projec site to include an eastbound left turn lane (into the project) and an eastbound center refuge /merge lane (for traffic exiting the project) if recommended by the analysis, and fund 100% of all on site improvements recommended by the circulation analysis. C. Air Quality and Climate Change intersection improvements, including cost estimate. CIC will pay fair share contribution of the cost estimate for improvements. Sherman to Grand and Broadway to Tilden. Applicant to fund analysis and any on -site improvements. Department of Public Works prepares preliminary design cost estimate for of site improvements. CIC will pay fair share contribution of the cost estimate for off site improvements IDPW DPW mprovement to be completed as part of Clement Extension from Sherman to Grand and Broadway to Tilden.. MM C-1: Prior to project occupancy, the project applicant shall implement MM B -3a (TDM). MM C -2: During construction, the project applicant shall require the construction contractor to implement BAAQMD's basic and enhanced dust control procedures required for sites larger than four acres, such as the project site, to maintain project construction - related impacts at acceptable levels; this mitigates the potential impact to less than significant. The "basic" dust control program shall include, but not necessarily be limited to, the following: Water all active construction areas at least twice daily. Watering should be sufficient to prevent airborne dust from leaving the site. Increased watering frequency may be necessary whenever wind speeds exceed 15 miles per hour. Reclaimed water should be used whenever possible. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard (i.e., the minimum required space between the top of the load and the top of the trailer). See B -3a above. Project Applicant and its contractor(s) sham prepare a Construction Air Pollutant Control Plan that adhere s. to all specifications in this measure. See B -3a above. 11 See B -3a above. I See B -3a above. City of Alameda Public Works Department Verify inclusion of dust control measures in applicable construction plans and specifications ;field inspections Prior to issuance of grading building permit(s); inspect during construction Boatworks Reduced Density Alternative (182) Residential Project 3 6 Mitigation Monitoring and Reporting Program MMRP Mitigation Measures Adopted as Conditions o Approval mplementation Procedures Monitoring Responsibility Monitoring and Monitoring Reporting Schedule Action e Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. Sweep streets (with water sweepers using reclaimed water if possible) at the end of each day if visible soil material is carried onto adjacent paved roads. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. The "enhanced" dust control measures shall include the following: Hydroseed or apply non -toxic soil stabilizers to construction areas and previously graded areas inactive for ten days or more Enclose, cover, water twice daily or apply non -toxic soil binders to exposed stockpiles of dirt, sand, etc. Limit traffic speeds on unpaved roads to 15 miles per hour (mph) Install sandbags or other erosion control measures to prevent silt runoff to public roadways Replant vegetation in disturbed areas as quickly as possible MM C -6a: In order to reduce GHG emissions from energy consumption and to maintain project operations consistent with the initiatives of the LAPCP, the project applicant shall pursue energy conserving building design and alternative energy conservation strategies to meet or exceed the most current Uniform Building Code requirements and State energy criteria. MM C -6b: In order to maintain project operations consistent with Energy Initiative 6 of the LAPCP, no fireplaces or stoves installed as part of the proposed project may be wood- burning. Project applicant and its contractor(s) shall prepare site plans that incorporate energy conservation design measures City of Alameda Community Development Department Verify Prior to issuance inclusion of a of building or energy building permit(s) conservation design measures in 3 construction plans and specifications Project applicant and its contractor(s) shall prepare site plans that exclude wood- ! burning fireplaces or stoves City of Alameda Verify Community exclusion o Development } wood - Department burning fireplaces and stoves in construction plans and specifications Prior to issuance of building or building permit(s) MM C -6c: In order to maintain project operations consistent with Waste and Recycling Initiative 1 of the LAPCP, demolition and construction wastes shall be sorted and 50% recycled to the extent feasible. A demolition recycling plan shall be developed prior to issuance of demolition permits and approved by DPW. Project applicant shall prepare a demolition recycling plan and construction plans shall specify sorting and recycling of DP DPV to Prior to issuance approve of demolition demolition ermi p is recycling plan; veri inclusion of sorting and recycling in Boatworks Residential Project 4 Mitigation Monitoring Program 6. Mitigation Monitoring and Reporting Program Mitigation Measures Adopted as Conditions o Approval MMRP m piemer tation Procedures Monitoring Responsibility Monitoring and ( Monitoring Reporting t schedule Action D. Noise materials construction plans MM D -1: The project applicant will incorporate the following requirements into the construction contract specifications: G Construction activities will be limited to between the hours of 7 :00 am and 7 :00 pm Monday through Friday and 8 :00 am to 5 :00 pm on Saturdays. Equipment and trucks used for construction will use the industry standard noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically- attenuating shields or shrouds, wherever feasible). Stationary noise sources will be located as far from adjacent receptors, whenever feasible, and they will be muffled and enclosed within temporary sheds, incorporate insulation barriers, or other measures to the extent feasible. MM D -4: If necessary to comply with the interior noise requirements of the State and achieve an acceptable interior noise level, noise reduction in the form of sound -rated assemblies (i.e., windows, exterior doors, and walls) shall be incorporated into project building design, based upon recommendations of a qualified acoustical engineer. Final recommendations for sound - rated assemblies will depend on the specific building designs and layout of buildings on the site and shall be determined during the design phase. Specific consideration shall be given to window size, degree of sound insulation of exterior walls, which can be increased through staggered- or double - studs, multiple layers of gypsum board, and incorporation of resilient channels. E. Cultural Resources i Project applicant and its contractor(s) shall prepare construction contract specifications and construction plans that adhere to all specifications in this measure Project Applicant and its contractor(s) shall prepare site plans City of Alameda Community Development Department; City Building Department staff. City of Alameda Community Development Department; City that incorporate the I Building described noise- Department staff. controlling design measures Approve construction contract specification and construction plan Verify that sit plans incorporate noise- controlling features Prior to issuance of building or building permit(s) Prior to issuance of building or building permit(s) MM E-1: The project applicants shall document the circa 1910 Steel Fabrication Shop/Warehouse and Compressor Room /Storage Building in accordance with the Historic American Building Survey (HABS) Level 11 documentation standards of the National Park Service. Level H standards include the following: 1. Photographs. Large - format (4 x 5-inch negatives or greater), black and white photographs should be taken of all elevations of the two buildings, plus limited context and detail shots. A limited number o historical photos of the project area buildings, if available, should also be photographically reproduced. All photographs should be printed on acid -free archival bond paper. Boatworks Reduced Density Alternative (182) Residential Project Project applicant and its contractor(s) shall prepare HABS } Level 11 documentation. Project applicant and its contractor(s) shall retain a professional architectural historian to design an interpretive history exhibit that City of Alameda Community Development Department Verify that Verify that HABS HABS documentation documentatio has been n has been completed prior completed. to issuance of demolition permit. Verify that an appropriate Verify that an interpretive appropriate history interpretive exhibit has history exhibit been has been installed. installed prior to occupancy.. 5 6. Mitigation Monitoring and Reporting Program MMRP mp emer tation Mitigation Measures Adopted as Conditions of 3 Procedures Approval Monitoring Responsibility 2, Written History. Prepare a written history of the ' adheres to all specrfcations in project area and buildings using the HABS standard this measure. outline format. 3. Drawings. If available, reproduce original building drawings on mylar or through photographic means. 4. Archiving. The completed HABS documentation package (photos, report, and drawings) shall be archived at the City of Alameda, the City of Alameda Public Library, and the Northwest Information Center of Sonoma State University. The project applicant shall also provide an interpretive history exhibit in the form of a plaque or panel to describe the historical importance of the former Dow Company buildings to the general public. Information generated from the documentation effort, such as photographs and historical text, described above, can be utilized for this effort as well. The interpretive exhibit can either be placed along the proposed waterfront trail /open space, or at the corner of Clement Avenue and Oak Street. The interpretive exhibit should be designed by a professional architectural historian meeting the qualifications of the Secretary of the Interior's Standards, MM 2: If cultural resources are encountered, all activity in the vicinity of the find shall cease until it can be evaluated by a qualified archaeologist and a Native American representative. Prehistoric archaeological materials might include obsidian and chert flaked - stone tools (e.g., projectile points, knives, scrapers) or toolmaking debris; culturally darkened soil (midden ") containing heat - affected rocks, artifacts, or shellfish remains; and stone milling equipment (e.g., mortars, pestles, handstones, or milling slabs); and battered stone tools, such as hammerstones and pitted stones. Historic -era materials might include stone, concrete, or adobe footings and walls; filled wells or privies; and deposits of metal, glass, and/or ceramic refuse. If the archaeologist and Native American representative determine that the resources may be significant, they will notify the project applicant or contractor(s) and the City of Alameda and will develop an appropriate treatment plan for the resources. The archaeologist shall consult with Native American monitors or other appropriate Native American representatives in determining appropriate treatment for unearthed cultural resources if the resources are prehistoric or Native American in nature. In considering any suggested mitigation proposed by the archaeologist and Native American representative in order to mitigate impacts to cultural resources, the project proponent will determine whether avoidance is necessary and feasible in light of factors such as the Monitoring and Monitoring Reporting Schedule Action Project Applicant and its contractor(s) shall retain archaeologist Archaeologist shall conduct subsurface archaeological investigation Project Applicant and its contractor(s) shall train workers and monitor their activities Project Applicant and its contractor(s) shall halt work and notify qualified archaeologist and a Native American representative if materials are discovered Archaeologist, in consultation with Native American representatives shall conduct City of Alameda Community Development Department Boatworks Residential Project 6 Mitigation Monitoring Program Review and Review extent approve and methodology extent and of subsurface methodology investigations of subsurface prior to approval paleontologic of grading al permit(s) investigation If resources If resources are encountered, verify work is suspended and review and approve of the treatment and monitoring plan if paleontologic al materials are discovered encountered, review of treatment and monitoring plan prior to continuation of construction MMRP Mitigation Measures Adopted as Conditions o Approval 6, Mitigation Monitoring and Reporting Program rr plementatiori Procedures Monitoring Responsibility Monitoring and Monitoring Reporting s Schedule Action nature of the find, project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures (e.g., data recovery) will be instituted. Work may proceed on other parts of the project area while mitigation for cultural resources is being carried out. independent review and prepare treatment plan, if necessary Project Applicant or its contractor(s) shall implement treatment plan and/or implement other measures such as data recovery MM E-3: If paleontological resources, such as Project Applicant fossilized bone, teeth, shell, tracks, trails, casts, molds, and its or impressions are discovered during ground - disturbing contractor(s) shal construction activities, all such activities within 100 feet retain of the find shall be halted until a qualified paleontologist paleontologist can assess the significance of the find and, if necessary, develop appropriate salvage measures in consultation with the City of Alameda and in conformance with Society of Vertebrate Paleontology Guidelines. Paleontologist shall conduct subsurface archaeological investigation Project Applicant and its contractor(s) shall train workers and monitor their activities Project Applicant and its contractor(s) shall halt work and notify paleontologist if materials are discovered Paleontologist shall conduct independent review and develop salvage measures, if necessary Project Applicant or its contractor(s) shall salvage measures MM E-4: If human skeletal remains are uncovered during project construction, the project proponent (depending upon the project component) will immediately halt work, contact the Alameda County coroner to evaluate the remains, and follow the procedures and protocols set forth in Section 15064.5 (e)(1) of the CEQA Guidelines. If the County coroner determines that the remains are Native American, the project proponent will contact the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, subdivisioc), and Boat corks Reduced Density Alternative (182) Residential Project Project Applicant and its contractor(s) shall train workers and monitor their activities If remains are discovered, project Applicant and its contractor(s) shall City of Alameda Community Development Department I City of Alameda Community Development Department Review and approve extent and methodology of subsurface paleontologic al investigation If resources are encountered, verify work is suspended. Review and approve of the paleontologic al materials salvage g measures. Review extent and methodology of subsurface investigations prior to approval of grading permit(s) If resources encountered, review of salvage measure plan prior to continuation of construction Review and Prior to approval approval of the construction plan that includes standard procedures if human remains are of the construction plans 6 Mitigation Monitoring and Reporting Program Mitigation Measures Adopted as Conditions o Approval MMRP mpiernentatior Monitoring Procedures Responsibility Monitoring and Monitoring Reporting Schedule Action Public Resources Code 5097.98 (as amended by AB 2641). Per Public Resources Code 5097.98, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this section (PRC 509798), with the most likely descendents regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. F. Biological Resources halt work and notify the Alameda County coroner. If the remains are determined to be Native American, the project proponent shall contact the Native American Heritage Commission. Project Applicant or its contractor(s) and/or the landowner shall halt further development activity and confer with the most likely descendants. MM F -1: No more than two weeks in advance of any = Project applicant tree or shrub removal, or alteration to structures that and its contractor(s) would commence during the breeding season (February e ensure sure t that sha t 1 through August 31), a qualified wildlife biologist shall construction conduct pre - construction surveys of all potential special- plan(s) that adhere status bird nesting habitat in the vicinity of the planned i to this measure to activity. Pre - construction surveys are not required for reduce impacts to construction activities scheduled to occur during the birds and their non - breeding season (August 31 through January 31). Construction activities commencing during the non - breeding season and continuing into the breeding season do not require surveys (as it is assumed that any breeding birds taking up nests would be acclimated to project - related activities already under way). Nests initiated during construction activities would be presumed to be unaffected by project activities, and a buffer zone around such nests would not be necessary. However, a nest initiated during construction cannot be moved or altered. If no active nests are found during pre - construction avian surveys, then no further mitigation is required. If active nests are found during pre - construction avian surveys, the results of the surveys shall be discussed with the appropriate resource agency and avoidance procedures shall be adopted, if necessary, on a case - by -case basis. Avoidance measures would most likely include a no- disturbance buffer around the nest, which will be maintained until a qualified biologist determines that the young have fledged or otherwise abandoned the nest. The size of the buffer zones and types of construction activities restricted within them shall be determined through consultation with resource agencies, taking into account factors such as: 1) noise nests /eggs If construction will take place between February 1 and August 31, project applicant and its contractor(s) shall retain a qualified wildlife biologist to complete the actions in this measure. Boatworks Residential Project Mitigation Monitoring Program encountered City of Alameda Community Development Department; appropriate resource agency (i.e. California Department of Fish and Game) 8 Review the construction plan(s) for the project to ensure that nesting season is avoided or that activities minimize effects on nests. If active nests are found during pre- construction avian surveys, the results of the surveys shall be discussed with the appropriate resource agency (i.e. CDFG), and avoidance procedures shall be adopted, if necessary. Prior to approval of the construction plans and prior to start of applicable phase of construction. 6, Mitigation Monitoring and Reporting Program MMRP Mitigation Measures Adopted as Conditions o Approval mplementation Procedures Monitoring Responsibility Monitoring and Reporting Action Monitoring Schedule and human disturbance levels at the project site and the nesting site at the time of the survey and the noise and disturbance expected during the construction activity; (2) distance and amount of vegetation or other screening between the project site and the nest; and (3) sensitivity of individual nesting species and behaviors of the nesting birds. MM F -2: The applicant and project designer shall reduce building lighting from exterior sources by the following measures: e Minimize amount and visual impact of perimeter lighting, through measures such as downward - pointing lights, side shields, visors, and motion - sensor lighting. Utilize minimum wattage fixtures to achieve required lighting levels. Use minimum wattage fixtures to achieve required lighting levels. Avoid placing water features in dose proximity to glazed facades. Design to avoid monolithic, undistinguishable expanses of glazing by maximizing "visual noise" both on the building scale and individual glass units. Project applicant and its contractor(s) shall prepare site plans that incorporate building design features that adhere to this measure MM F3a: Potential direct and indirect disturbances to bats shall be identified by locating colonies, and instituting protective measures prior to construction. No more than two weeks in advance of tree removal or demolition of buildings onsite, a qualified bat biologist (e.g., a biologist holding a CDFG collection permit and a Memorandum of Understanding with CDFG allowing the biologist to handle and collect bats) shall conduct pre - construction surveys for bat roosts. No activities that could disturb active roosts shall proceed prior to the completed surveys. MM F -3b: If a bat colony is located within the project site during pre - construction surveys, the project shall be redesigned to avoid impacts, and a no- disturbance buffer acceptable in size to the CDFG shall be created around any roosts in the project vicinity, if possible. Bat roosts initiated during construction are presumed to be conduct pre- unaffected, and no buffer is necessary. However, the construction "take" of individuals is prohibited. surveys. Project applicant and its contractor(s) shall retain a qualified bat biologist to locate colonies, institute protective measures, and conduct pre - construction surveys. City of Alameda Community Development Department Verify ' Prior to issuance inclusion of a of building or bird -safe building permit(s) design measures in construction plans and specifications City of Alameda Community Development Department Project applicant and its contractor(s) shat retain a qualified bat biologist to If there is a maternity colony present and the project cannot be redesigned to avoid removal of the tree or structure inhabited by the bats, demolition of that tree or structure shall not commence until after young are flying (i.e., after July 31, confirmed by a qualified bat biologist) or before maternity colonies form the following year (i.e. prior to March 1). If surreys 'dent!fy bat colonies within the site, project applicant and its contractor(s) shall prepare construction and site plans with City of Alameda Community Development Department Tree removal permits(s) and demolition permit(s) shall be conditioned upon approval of bat protective measures. Approval of bat protective measures shall take place prior to issuance of tree removal permit(s) and demolition permit(s). Pre - construction surveys shall be conducted no more than two weeks prior tree removal or demolition. Review pre- construction survey reports. Review construction and site plans for proper incorporation of buffers. Boatworks Reduced Density Alternative (182) Residential Project 9 Approval of bat protective measures shall take place prior to issuance of tree removal permit(s) and demolition permits). Pre - construction surveys shall be conducted no more than two weeks prior tree removal or demolition. 6. Mitigation Monitoring and Reporting Program MMRP mplementation Mitigation Measures Adopted as Conditions of Procedures Approval Monitoring Responsibility Monitoring and Monitoring Reporting Schedule Action If a non - maternity roost must be removed as part of the buffers that adhere to this measured project, the non - maternity roost shall be evicted prior to buildingltree removal by a qualified biologist, using Project applicant methods such as making holes in the roost to alter the i and its air - flow, or creating one -way funnel exits for the bats. contractor(s) shall train construction workers to avoid "take" of bats, MM F 3c: if known bat roosting habitat is destroyed during building /tree removal, artificial bat roosts shall be constructed in an undisturbed area in the project site vicinity away from human activity and at feast 200 feet from project demolition /construction activities. The design and location of the artificial bat roost(s) shall be determined by a qualified bat biologist. Maternity colonies shall be avoided and non - maternity colonies shall be evicted in accordance with this measure. if known bat City of Alameda roosting habitat is Community destroyed during Development building or tree Department removal, artificial bat roosts shall be constructed in accordance with this measure. MM F-4: if dredging or pile - driving occurs as part of the project, the project applicant shall implement Best Management Practices (BMPs) for protection of salmonids and Pacific herring, that are identified in the Lang -Term Management Strategy for the Placement of Dredged Material in the San Francisco Bay Region (LTMS) (Corps, 200 1), BMPs listed in the LTMS include the following: installation of silt curtains and gunderbooms for filtering sediment; mechanical dredge operations controls, including increased cycle time, elimination of multiple bucket bites, and elimination of bottom stockpiling; e hydraulic dredge operations controls, including reduction of cutterhead rotation speed, reduction of swing speed, and elimination of bank undercutting; hopper dredges and barges operational controls, including reduction of hopper overflow, lower hopper fill levels, and use of a water recirculation system; and use of specialy equipment, including pneuma Boat works Residential Project Mitigation Mori tori ng Program Project applicant and its contractor(s) shat incorporate into construction plans). City of Alameda Community Development Department Review pre - construction survey reports. Review construction and site plans for proper incorporation of artificial roosts. Review of construction and site plans shall be conducted prior to issuance of tree removal permit(s) and demolition permits. Artificial roosts shall be constructed prior to destruction of roosting habitat, orbyadate recommended by a qualified bat biologist. !Review Prior to approval construction of the plan(s) for construction incorporation plans of BMPs. 10 6. Mitigation Monitoring and Reporting Program MMRP Mitigation Measures Adopted as Conditions o Approval pumps, closed or environmental buckets, large- capacity dredges, and specialized tools for precision dredging. In addition, dredging or pile - driving in the Oakland Estuary shall minimize impacts on special - status fish through one or more of the following methods: (1) dredging or pile - driving shall only be conducted within work windows designated to cause the least impact on Pacific herring and salmonids i.e., June through November, see Table 4.F-1); (2) dredging or pile - driving shall only produce noise levels below 150 decibels at 30 feet; and/or (3) dredging or pile- driving shall only be conducted in accordance with NMFS directives and Corps permits to reduce potential impacts on fish species. m pleri entation Procedures MM F -5a: The project applicant shall implement the following Best Management Practices (BMPs) during construction: 1. Install silt fencing, straw wattles or other appropriate erosion and sediment control methods or devices to prevent sediment from the upland portion of the site from entering the Estuary as a result of project activities. 2. Operate equipment e.g., backhoes and cranes) that is used for removal or installation of fill and rip - rap along the Estuary shoreline from dry land, where possible. Construction operations within the Oakland Estuary can also be barge - mounted or utilize other water-based equipment such as scows, derrick barges and tugs. 3. Prevent any fueling activity from occurring within 50 feet of the Oakland Estuary. 4. Where applicable, implement BMPs listed under Mitigation Measure 4.F -4 to avoid impacts to water quality resulting from dredging or other activities within open waters, as identified in the Long-term Management Strategy for the Placement of Dredged Material in the San Francisco Bay Region (LTMS) (Corps, 2001). Test all materials proposed for excavation and dredging for the possible presence of contaminants. Construction practices shall be designed in coordination with the Corps, RWQCB, and other applicable agencies, to minimize the dispersion of contaminants into the water column and ensure proper disposal of contaminated materials. Monitoring Responsibility Project applicant and its contractor(s) shat incorporate into construction plan(s). DP MM F -5b: The project applicant shall provide compensatory mitigation (Le., no net loss" ) for any temporary and permanent impacts to wetlands as defined by Section 404 of the Clean Water Act, as required by regulatory permits issued by the Corps, RWQCB, and BCDC. Measures may include but would not be limited to ( ) onsite or offsite mitigation through wetland creation or restoration; and (2) development of Project Applicant and its contractor(s) shall provide compensatory mitigation for wetlands impacts as specified in this measure. City of Alameda Community Development Department; DP Army Corps of Engineers, RWQCB, and BCDC. Monitoring and Reporting Action Monitoring Schedule Review construction plan(s) for incorporation of BMPs and conduct regular inspections. Prior to approval of the subdivision improvement plans Review e Prior to approval project of the plan(s) for construction incorporation plans of compensator y wetlands mitigation. Boatworks Reduced Density Alternative (182) Residential Project 6, Mitigation Monitoring and Reporting Program Mitigation Measures Adopted as Conditions o Approval MMRP mplementation Procedures Monitoring Responsibility Monitoring and Reporting Action Monitoring Schedule a Mitigation and Monitoring Plan. • Onsite or Offsite Wetland Creation or Restoration. To the extent practicable, the project applicant shall restore the tidal marsh to the Oakland Estuary shoreline at.a minimum :1 impact -to- restoration ratio, through activities such as removal of debris and concrete riprap, and revegetating with native tidal marsh species. O If onsite restoration is not feasible, the project applicant shall negotiate compensatory offsite mitigation for wetland losses with applicable regulatory agencies, at a 3:1 impact -to- restoration ratio, or other ratio determined by the agencies. Mitigation and Monitoring Program. Prior to the start of construction or in coordination with regulatory permit conditions, the project applicant shall prepare and submit for approval to the Corps, RWQCB, and BCDC a mitigation and monitoring program that outlines the mitigation obligations for temporary and permanent impacts to waters of the U.S., including wetlands. The program shall include baseline information from existing conditions, anticipated habitat to be enhanced, thresholds of success, monitoring and reporting requirements, and site- specific plans to compensate for wetland losses resulting from the project. The Boatworks Residential Project Mitigation and Monitoring Plan shall include, but not be limited to, the following: • Clearly stated objectives and goals consistent with regional habitat goals. Location, size, and type of mitigation wetlands proposed. A functional assessment of affected jurisdictional waters to ensure that the EPA's "no net loss of wetland value" standard is met. The functional assessment shall also ensure that the mitigation provided is commensurate with the adverse impacts on Bay resources in accordance with BCDC mitigation policies. The assessment shall provide sufficient technical detail in the project design including, at a minimum, an engineered grading plan and water control structures, methods for conserving or stockpiling topsoil, a planting program including removal of exotic species, a list of all species to be planted, sources of seeds andfor plants, timing of planting, plant locations and elevations on the mitigation site base map, and maintenance techniques. Documentation of performance, monitoring, and adaptive management standards that provide a mechanism for making adjustments to the mitigation site. Performance and monitoring standards shall indicate success criteria to be met within 5 years for vegetation, animal use, removal of exotic s #ecies, and h drology. Adaptive Boatworks Residential Project full ti ga ti o n Monitoring Program Project Applicant and its contractor(s) shall create and adhere to a Wetlands Mitigation and Monitoring Plan. 12 Review Boatworks Wetlands Mitigation and Monitoring I Plan, 6. Mitigation Monit ng and Reporting Program Mitigation Measures Adopted as Conditions o Approval management standards shall include contingency measures that outline clear steps to be taken if and when it is determined, through monitoring or other means, that the enhancement or restoration techniques are not meeting success criteria. MMRP G. Geology, Soils, and Seismicity MM G- a: A site- specific, design -level geotechnical investigation for the project shall be conducted as a condition of building permit. The investigation shall include detailed characterization of the distribution and compositions of subsurface materials and an assessment of their behavior during violent seismic ground - shaking. The analysis shall recommend design parameters that would be necessary to avoid or substantially reduce structural damage under peak ground accelerations of no less than 0.655g. The investigation and recommendations shall be in conformance with all applicable city ordinances and policies and consistent with the design requirements of Seismic Design Category EIF (very high vulnerability) of the California Building Code. The geotechnical report shall be prepared by a registered geotechnical engineer and approved by the City, and all recommendations shall be included in the final design of the project. mplemer at on Procedures Monitoring and Reporting Action MM G- b: Prior to issuance of occupancy permits, the project applicant shall prepare an earthquake hazards information document to the satisfaction of City staff. This document shall be made available to any potentia occupant prior to purchase or rental of the housing units. The document shall describe the potential for strong ground - shaking at the site, potential effects of ground shaking, and earthquake preparedness procedures. MM G -2: Earthwork, foundation and structural design for the proposed project shall be conducted in accordance with all recommendations contained in the required geotechnical investigation (Mitigation Measure 4.G-1a). The investigation must include an assessment of all potentially foreseeable seismically - induced ground failures, including liquefaction, sand boils, lateral spreading and rapid settlement. Mitigation strategies must be designed for the site- specific conditions of the project and must be reviewed for compliance with the guidelines of CGS Special Publication 117 prior to incorporation into the project. Examples of possible strategies include edge containment structures (berms, diked sea walls, retaining structures, compacted soil zones), removal or treatment of liquefiable soils, soil modification, modification of site geometry, lowering the groundwater table, in -situ ground densification, deep foundations, reinforced shallow foundations, and structural design that can accommodate predicted displacements. Project Applicant i City of Alameda and its Community contractor(s) shall 3 Development retain a registered Department geotechnical engineer to conduct a geotechnical investigation. Investigation results and recommendations shall be included in the final design of the project and shall be including in grading and building permit applications). Project applicant and its contractor(s) shat prepare an earthquake hazards information document. Project applicant and its contractors shall incorporate recommendations from the geotechnical investigation (see MM G-la, above) into project design and construction plans. City of Alameda Community Development Department Cit y of Alameda Community Development Department Review geotechnical investigation for the project as a condition of building permit. Inspect final buildings to ensure they were constructed according to specifications MM G -3: The required geotechnical report for the project (Mitigation Measure 4.G-1a) shall determine the susceptibility of the project site to settlement and prescribe appropriate engineering techniques for reducing its effects. Where settlement andlor Project Applicant City of Alameda and its I Community contractor(s) shall Development retain a registered Department geotechnical engineer to Monitoring Schedule Prior to issuance of building permit, review geotechnical investigation. Prior to occupancy certificate, inspect final buildings. Review and approve earthquake hazards information document.. Review and approve project design and construction plans. Prior to occupancy certificate. Prior to approval of planning entitlements for the project or issuance of building permi(s) Review and approve project design and construction Boatworks Reduced Density Alternative (182) Residential Project 13 Prior to approval of planning i entitlements for !the project or issuance of Mitigatior Monitoring and Reporting Program Mitigation Measures Adopted as Conditions o Approval MMRP mp ementatioC Procedures Monitoring Responsibility Monitoring and Monitoring Reporting Schedule Action differential settlement is predicted, mitigation measures —such as lightweight fill, geofoam, surcharging, wick drains, deep foundations, structural slabs, hinged slabs, flexible utility connections, and utility hangers —could be used. These measures shall be evaluated and the most effective, feasible, and economical measures shall be recommended. Engineering recommendations shall be included in the project engineering and design plans, and be reviewed and approved by a registered geotechnical engineer, All construction activities and design criteria shall comply with applicable codes and requirements of the most recent California Building Code, and applicable City construction and grading ordinances. H. Hydrology and water Quality prescribe mitigation measures based on the geotechnical investigation. Such measures shall be included in the project engineering and design plans, and be reviewed and approved by a registered geotechnical engineer. MM H -3: An Integrated Pest Management Plan (IPM) shall be prepared and implemented by the project applicant for all common landscaped areas. The l PM shall be prepared by a qualified professional and shall recommend methods of pest prevention and turf grass management that use pesticides as a last resort in pest control. Types and rates of fertilizer and pesticide application shall be specified. The IPM shall specify methods of avoiding runoff of pesticides and nitrates into receiving storm drains and surface watersor leaching into the shallow groundwater table. Pesticides shall be used only in response to a persistent pest problem that cannot be resolved by non - pesticide measures. Preventative chemical use shall not be employed. Cultural and biological approaches to pest control shall be fully integrated into the IPMs, with an emphasis toward reducing pesticide application. MM H-4: The project applicant shall design and construct the proposed seawall such that future adaptive management measures can be implemented to further protect upland areas from potential rising sea levels. Prior to construction, the final seawall design shall be reviewed by BCDC and in accordance with current guidelines regarding protection against sea level rise. L Hazards and hazardous Materials Project Applicant and its contractor(s) shall retain a qualified professional to prepare and implement an } Integrated Pest Management Plan (IPM) that adheres to the specifications in this measure. Project Applicant and its contractor(s) shal design and construct seawall IPDW City of Alameda PDW; San Francisco Bay i Conservation and Development Commission p ans. building perrnit(s) MM I -la: Each structure proposed for demolition shal be assessed by qualified licensed contractors for the potential presence of lead -based paint or coatings, asbestos containing materials, and PCB - containing equipment prior to issuance of a demolition permit. [- b: If the assessment required by Mitigation Boatworks Residential Project Mitigation Monitoring Program Project Applicant and its contractor(s) shall retain qualified licensed contractors to assess structures for the potential 1 presence of lead- based paint or coatings, asbestos containing materials, and PCB - containing equipment. City of Alameda Community Development Department Review and approve IPM. Prior to approval of open space maintaince agreement or subdivision improvement agreement. BCDC shall Prior to issuance review final 1 of construction seawall permit. design. Review and i approve assessment. Project Applicant 3 City of Alameda Review and 4 Prior to approval of improvement plan, Prior to issuance 6. Mitigation Monitoring and Reporting Program Mitigation Measures Adopted as Conditions o Approval MMRP mplementation Procedures Monitoring Responsibility Monitoring and Monitoring Reporting Schedule Action Measure 41 -1 a finds presence of lead -based paint, asbestos, and/or PCBs, the project applicant shall create and implement a health and safety plan to protect workers from risks associated with hazardous materials during demolition or renovation of affected structures. and its contractor(s) shall create and implement a health and safety plan Community Development Department MM 1-1c: If the assessment required by Mitigation Measure 41-1a finds presence of lead-based paint, the project applicant shall develop and implement a lead - based paint removal plan. The plan shall specify, but not be limited to, the following elements for implementation: Develop a removal specification approved by a Certified Lead Project Designer. Ensure that all removal workers are properly trained. Contain all work areas to prohibit off -site migration of paint chip debris. e Remove all peeling and stratified lead -based paint on building and non - building surfaces to the degree necessary to safely and properly complete demolition activities according to recommendations of the survey. The demolition contractor shall be responsible for the proper containment and disposal of intact lead -based paint on all equipment to be cut and/or removed during the demolition. Provide on -site personnel and area air monitoring during all removal activities to ensure that workers and the environment are adequately protected by the control measures used. Clean up and /or vacuum paint chips with a high efficiency particulate air (HEPA) filter. Collect, segregate, and profile waste for disposal determination. Properly dispose of all waste. Project Applicant and its contractor(s) shall develop and implement a lead - based paint removal plan that adheres to the specifications of this measure City of Alameda Community Development Department MM 1-1d: If the assessment required by Mitigation Measure 4.1 -a finds asbestos, the project applicant shall ensure that asbestos abatement shall be conducted by a licensed contractor prior to building demolition. Abatement of known or suspected ACMs shall occur prior to demolition or construction activities that would disturb those materials. Pursuant to an asbestos abatement plan developed by a state - certified asbestos consultant and approved by the City, all ACMs shall be removed and appropriately disposed of by a state certified asbestos contractor. Project applicant and its contractor(s) shall retain a state- certified asbestos to develop and implement an asbestos abatement plan that adheres to the specifications of this measure Mil 1-le: If the assessment required by Mitigation Measure 41-1 a finds PCBs, the project applicant shall ensure that PCB abatement shall be conducted prior to building demolition or renovation. PCBs shall be removed by a qualified contractor and transported in Boatworks Reduced density Alternative (182) Residential Project Project applicant and its contractor(s) shall retain a qualified contractor to City of Alameda Community Development Department City of Alameda Community Development Department approve ' of demolition or health and i renovation safety plan 3 permit. Review and ' Prior to issuance approve of demolition or lead -based renovation paint removal permit. plan Review and approve asbestos abatement plan Review demolition 1 plans for inclusion of proper PCB 15 Prior to issuance of demolition or renovation permit. Prior to issuance of demolition or renovation permit. 6, M tiga tion Mon tort �g and Re am g Program MMRP mplemer tation Mitigation Measures Adopted as Conditions of 3 Procedures Approval Monitoring Responsibility Monitoring and Monitoring Reporting - Schedule Action accordance with Caltrans requirements. remove and transport PCBs in accordance with this measure and Caltrans requirements. removal MM -2a: The project applicant shall prepare a health € Project applicant = City of Alameda and safety plan, based on the site conditions and past and its 1 Community contaminant release history and remediation, by a contractor(s) shall i Development licensed industrial hygienist. The health and safety plan I retain a licensed = Department shall identify potential contaminants that may be 1 industrial hygienist encountered, appropriate personal protective to prepare a health equipment, and worker safety procedures for spills and and safety plan accidents. _ that adheres to all specifications in this measure. MM -2b: To reduce environmental risks associated with encountering contaminated soil discovered during grading and construction, the project applicant shall ensure that any suspected contaminated soil is stockpiled separately, sampled for hazardous material content, and disposed of in accordance with all applicable state, federal, and local laws and regulations. All contaminated soil determined to be hazardous or non- hazardous waste shall have received all laboratory analyses for acceptable disposal as required by the receiving facility before it can be removed from the site. Project applicant City of Alameda and its Community contractor(s) shall Development handle and test Department any suspected contaminated soi in full adherence to the specifications of this measure and in accordance with all applicable state, federal, and local laws and regulations Review and Prior to issuance approve of demolition or health and renovation safety plan permit, Review grading, demolition and construction plans for inclusion of contaminated soil guidelines Prior to issuance of grading and demolition permits. MM 1-2c: Prior to issuance of any building or grading Project applicant City of Alameda permits, any areas of identified contamination shall have completed all measures required by ACDEH, DTSC or RWQCB for site closure, and shall be certified for residential use. Where necessary, additional remediation to permit residential use and occupancy of the project shall be accomplished by the project applicant prior to issuance of any budding or grading plans, and its Community contractor(s) shall 1 Development complete all Department measures required by ACDEH, DTSC or RWQCB for site closure, and the site shall be certified for residential use Boatvvorks Residential Project Mitigation Monitoring Program Review report of measures completed and certification for residential use. Prior to issuance of building or grading permits 16 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda during the Regular Meeting of the City Council on the 5th day of October, 2010, by the following vote to wit: AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of said City this 6th day of October, 2010. Lara Weisiger, City City of Alameda