Resolution 12490CITY OF ALAMEDA RESOLUTION NO. 12490
ADOPTING MITIGATED NEGATIVE DECLARATION, IS-93-4,
FOR CONSTRUCTION OF TWO STORM DRAINAGE OUTFALL
STRUCTURES LOCATED ON PARCELS 1 AND 2 OF PARCEL MAP 5274
IN THE SOUTHEASTERN CORNER OF HARBOR BAY BUSINESS PARK.
WHEREAS, an application was made on November 20, 1992 by the
City of Alameda Assessment District #92-1, for an Initial Study,
IS-93-4, to determine the potential environmental effects that
would be associated with a proposal to construct two storm drainage
outfall structures located on parcels 1 and 2 of Parcel Map 5274 in
the southeastern corner of Harbor Bay Business Park; and
WHEREAS, the subject property is designated Business Park on
the General Plan Diagram; and
WHEREAS, the subject property is located in a C-M (Commercial
Manufacturing) Zoning District; and
WHEREAS, during development of the specific project proposal,
the City and its consultants received suggestions and
recommendations from the California Department of Fish and Game,
the U.S. Fish and Wildlife Service, the U.S. Army Corps of
Engineers, the Regional Water Quality Control Board, the San
Francisco Bay Conservation and Development Commission (BCDC), the
Port of Oakland, local biologist Leora Feeney, and the Harbor Bay
Business Park Association. Many of their recommendations have been
incorporated into the design of the project, the plans for the
facility's operation and maintenance, and the program for
maintenance of the Source Areas contributing storm water runoff to
the system; and
WHEREAS, a proposed Mitigated Negative Declaration was
prepared by ENTRIX under contract with the City of Alameda, was
circulated for public comment between September 21, 1993 and
October 20, 1993 and circulated through the California State
Clearinghouse (#93091079); and
WHEREAS, no written comments were received; and
WHEREAS, the potential for significant adverse impacts was
identified in Initial Study 93-4 with respect to soil disruptions,
topography, air quality, drainage patterns, surface runoff,
increase in and discharge of surface water, diversity and/or
changes in plant and animal species, reduction in the number of
rare or endangered species, noise, public services and utilities
and human health; and
WHEREAS, on November 15, 1993, the Planning Board held a
public hearing and then adopted Resolution No. 2449 recommending to
the City Council the adoption of a Mitigated Negative Declaration;
and
WHEREAS, the City Council held a public hearing on this
application on December 13, 1993, and has examined pertinent maps,
drawings, and documents; and
WHEREAS, the City Council has made the following findings:
1. The Initial Study identified potentially significant
effects, but revisions in earlier project plans and
certain measures included in the project would avoid the
effects or mitigate the effects to a point where clearly
no significant adverse effects would occur, and there is
no substantial evidence before the Planning Board that
the project as currently designed may have a significant
adverse effect on the environment.
2. In adopting this Negative Declaration, the City Council
has relied on the analysis of the biological consulting
firm ENTRIX in concluding that the project does not have
the potential to substantially degrade the quality of the
environment, substantially reduce the habitat of a fish
or wildlife species, cause a fish and wildlife population
to drop below self-sustaining levels, threaten to
eliminate a plant or animal community, reduce the number
or restrict the range of a rare or endangered plant or
animal, or eliminate important examples of the major
periods of California history or prehistory. Special
attention was given to the impacts on the water quality
of the Airport Lagoon, which provides habitat for fish
and birds and is a foraging site for the California Least
Ter., which nests on the Port of Oakland property nearby.
The proposed project is expected to result in a net
beneficial effect on water quality and habitat value of
the Airport Lagoon. The minimum amount of wetlands are
disturbed for the construction of the outfall facilities
and are replaced with no net loss of wetlands.
3. The project does not have the potential to achieve short
term, to the disadvantage of long term, environmental
goals.- The drainage ditches and the original outfall
pipes in the Bay Farm Island fill were temporary, short
term solutions to accommodate storm water runoff during
the pre-development phase of Harbor Bay Isle, and the
proposed project provides appropriate infrastructure for
the long term accommodation of storm water runoff for the
ongoing development of the Harbor Bay Business Park.
With the proposed mitigations, including an effective
monitoring program, long term, environmental goals will be
furthered, such as the protection and enhancement of
water quality and assisting in the preservation of the
habitat value of the Airport Lagoon, which provides
foraging for an endangered species, the California Least
Tern.
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4. The project does not have possible environmental effects
which are individually limited but cumulatively
considerable. In making this mandatory finding of no
significance, the City Council has considered the
available information about storm water runoff into the
Airport Lagoon from adjacent properties in the Harbor Bay
Business Park and from the airport properties of the Port
of Oakland under current and proposed activities and
uses.
5. The project does not have environmental effects which
will cause substantial adverse effects on human beings,
either directly or indirectly. The storm water runoff
passing through the project facilities is not used for
drinking water or bathing, and the Airport Lagoon is not
used for recreational purposes. Also, the project will
reduce the possibility of flooding or storm drain back-
ups in the Source Areas, which can have beneficial
effects on human beings.
6. The proposed project is itself a mitigation measure to
improve the quality of storm water currently draining
into the Airport Lagoon and to accommodate storm water
runoff as required by the City Engineer in conditions of
approval for Tentative and Final Maps for the Harbor Bay
Business Park.
7. The proposed project is part of a cooperative program
between the City and the Port of Oakland to address storm
drainage and water quality in the Airport Lagoon.
8. There is no other available site or project configuration
which would reasonably and feasibly accommodate the storm
water runoff from the Source Areas of the Harbor Bay
Business Park.
THEREFORE BE IT RESOLVED that the City Council finds that
Mitigation Monitoring Program, as required by the California Public
Resources Code Section 21081.6 and as set out in Exhibit "B" in the
Initial Study prepared by ENTRIX dated September 1993, is adequate
to address each of the impacts to a less than significant level,
and that the Mitigation Monitoring Program be adopted and that City
staff be directed to ensure that it is implemented as part of the
co-struction of the storm water outfall.
THEREFORE BE IT RESOLVED by the Council of the City of Alameda
that the City Council hereby adopts Mitigated Negative Declaration,
IS-93-4.
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I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 21st day of
December , 1993, by the following vote to wit:
AYES: Councilmembers Appezzato, Arnerich, Lucas,
Roth and President Withrow - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 22nd day of December, 1993.
Patricia Calbreath, Deputy City Clerk
City Alameda