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Resolution 12975CITY OF ALAMEDA RESOLUTION NO. 12 9 7 5 ADOPTING MITIGATED NEGATIVE DECLARATION IS -97 -5, AND FINDING OF NO SIGNIFICANT IMPACT WITH MITIGATIONS PURSUANT TO THE CALIFORNIA, ENVIRONMENTAL QUALITY ACT FOR A PROPOSED DEVELOPMENT CONSISTING OF 83 DETACHED SINGLE FAMILY DWELLINGS, PRIVATE "MINI PARK ", OTHER OPEN SPACE AND LANDSCAPING, INTERNAL PRIVATE STREETS AND VISITOR PARKING ON AN 8.9 ACRE SITE WHEREAS, an application was made on October 24, 1997 by Aidan Barry on behalf of the DeSilva Group, requesting approval of Planned Development PD -97 -4, to permit the construction of 83 single family dwellings and a Tentative Map 6969 to subdivide four existing parcels totaling 8.9 acres, into 83 single family residential lots, access roads and a mini -park parcel; and WHEREAS, the application was accepted as complete on December 2, 1997; and WHEREAS, the subject property is designated Medium Density Residential on the General Plan Diagram; and WHEREAS, the subject property is zoned R -4 -PD, Neighborhood Residential /Planned Development Combining District; and WHEREAS, the subject property is located within the boundaries of the Business and rmn Waterfront Improvement Project area administered by the Community Improvement Commission; < and WHEREAS, a proposed Mitigated Negative Declaration was circulated for public comment between January 30, 1998 and February 19, 1998; and written and oral comments were received from the following public agency and individual: California Regional Water Quality Control Board, San Francisco Region, Keith H. Lichten, Water Resource Control Engineer, dated February 9, 1998, reiterating that the project must include a proposal and implementation of control measures which are consistent with the recommendations and policies of local agency and the Regional Water Quality Control Board. 2. Patrick Lynch, Alameda resident, raising concerns regarding the adequacy of the Traffic Study. WHEREAS, staff found that the comments did not identify new potential significant impacts associated with this project which were not identified in the Initial Study/Mitigated Negative Declaration, and that the comments did not challenge the adequacy of the proposed mitigation measures; and WHEREAS, the Planning Board held a public hearing on this Mitigated Negative Declaration on March 2, 1998, and examined pertinent maps, drawings, and documents related to the application and considered all testimony, found that the environmental impacts, including traffic generation, were adequately addressed, and recommended that the City Council adopt the Mitigated Negative Declaration; and WHEREAS, the Planning Board approved Planned Development, PD -97 -4 on March 2, 1998; and WHEREAS, the City Council held a public hearing on this Negative Declaration on March 17, 1998, examined pertinent maps and documents, considered the testimony and written comments received during the public hearing; and WHEREAS, the City Council has made the following findings: 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. The site is in an urbanized area. No habitat for threatened plant or animal communities exist at the site. 2. The project does not have the potential to achieve short term, to the disadvantage of long term, environmental goals. The project will help implement the housing goals of the General Plan and the Housing Element. The project does not have possible environmental effects which are individually limited but cumulatively considerable. All potentially significant effects associated with this project which have been identified will be mitigated. 4. The project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. The proposal is for the construction of 83 single family homes. All significant impacts associated with this project will be mitigated to a less - than- significant level. 5. The applicant has agreed to incorporate all the mitigation measures set forth in the Mitigated Negative Declaration into the project. These mitigation would either avoid adverse impacts or lessen the potentially significant environmental impacts to less than significant levels. There is not substantial evidence that the project as revised may have a significant effect on the environment. WHEREAS, the City Council made findings, described in Attachment "A ", that all significant and potentially significant environmental impacts of the project can be reduced to a level of insignificance; NOW, THEREFORE BE IT RESOLVED that the Council of the City of Alameda hereby adopts Negative Declaration, IS -97 -5, and the Mitigation Monitoring Program, Attachment "B ". ATTACHMENT A FINDINGS REGARDING SIGNIFICANT IMPACTS THAT CAN BE MITIGATED TO A LEVEL OF INSIGNIFICANCE The following sets forth all significant effects of the project, all of which can be reduced to a level of insignificance, and with respect to each effect, makes one or more of the findings set forth in Resolution PB-98- , states facts in support of such findings. 1.1 Seismic Ground Shaking 1.1.1 Significant Effect. Specific investigations of the site by Berlogar Geotechnical Consultants (Berlogar Geotechnical Consultants, Supplemental Geotechnical Investigation, Proposed Residential Development, Bruzzone Property, Buena Vista Avenue and Webster Street, Alameda, California, July 11, 1997 ) determined that in the northern two-thirds of the U-shaped site, the upper layer of 3 to 5.5 feet is underlain by 3 to 5 feet of loose to medium dense silty sands, in turn underlain by medium dense to dense silty sands; and in the southern one-third of the site, the upper layer of sandy clay and silty sand fill is underlain by dense silty sand to the limits of the investigation (about 30 feet below ground surface). These conditions would contribute to potentially significant seismic impacts on parts of the site in the event of a major earthquake on the Hayward, Calaveras or other faults, although the structural integrity of buildings on the site would be the primary determining factor in the potential for seismic damage, rather than the subsurface soil itself. Findings. The Planning Board hereby makes findings (1). (Finding 1: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Mitigated Negative Declaration/Initial Study). Facts in Support of Findings. The following facts or mitigation measures indicate that the identified impact will be reduced to a level of insignificance. ( 1) The project shall incorporate the recommendations of the Geotechnical Investigation prepared by Berlogar Geotechnical Consultants for construction on the site, particularly for conformance to the current Uniform Building Code, which designates the site as a Zone 4 area, which requires some special construction methods. Compliance with the site preparation and grading recommendations of the Geotechnical Investigation would reduce the potential impact to a level of insignificance. 1.2 Ground Failure and Liquefaction 1.2.1 Significant Effect. The 3 to 5 feet of relatively loose sands (the loose to medium dense silty sands within the northern two - thirds of the site) encountered at depths of about 4 to 10 feet have very high potential for liquefaction, which may lead to adverse settlement and ground failure, which would be potentially significant (Source: Supplemental Geotechnical Investigation, p. 4). Findings. The Planning Board hereby makes findings (1). (Finding 1: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Mitigated Negative Declaration /Initial Study). Facts in Support of Findings. The following facts or mitigation measures indicate that the identified impact will be reduced to a level of insignificance. The applicant shall incorporate the recommendations of the Geotechnical Investigation prepared by Berlogar Geotechnical Consultants regarding site preparation measures to avoid seismic ground failure and liquefaction, including the construction of an engineered fill cap with a fabric filter on the areas subject to liquefaction. ' Compliance with the recommendations of the Geotechnical Investigation for site preparation and grading would reduce the potential impact of liquefaction or other ground failure to a level of insignificance. 1.3 Unstable Soil Conditions Significant Effect. The perimeter of the site borders on existing buildings and pavements, which, due to extensive excavation requirements, could settle without proper support and stabilization at the edge of the excavated areas, which is a potentially significant impact. Findings. The Planning Board hereby makes findings (1). (Finding 1: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Mitigated Negative Declaration /Initial Study). Facts in Support of Findings. The following facts or mitigation measu the identified impact will be reduced to a level of insignificance. es indicate a During construction the applicant shall be, required to provide a sufficient setback of the excavated area from existing structures and pavement which may be subject to instability due to excavation, or to use appropriate support structures or stabilization methods. Provision of setbacks or support structures would reduce the potential impact to a level of insignificance. 2 1.4 Differential Settlement 1.4.1 Significant Effect. The 3 to 5 feet of loose to medium dense silty sands within the northern two - thirds of the site, at depths of about 4 to 10 feet, which have very high liquefaction potential, may also lead to adverse settlement, or land subsidence, and differential settlement (irregular settlement). Potential settlement in the areas with liquefiable soils, although estimated to be relatively uniform, from 2 to 3 inches, is a potentially significant impact. Findings. The Planning Board hereby makes findings (1). (Finding 1: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Mitigated Negative Declaration /Initial Study). Facts in Support of Findings. The following facts or mitigation measures indicate that the identified impact will be reduced to a level of insignificance. (1) The site shall be graded as recommended in the Supplemental Geotechnical Investigation prepared by Berlogar Geotechnical Consultants. Foundations shall be constructed of structural slab on the engineered fill cap, to accommodate total and differential settlement according to the recommendations in the Geotechnical investigation. Compliance with the recommendations of the Geotechnical Investigation for grading and foundation standards would reduce the potential impact of differential settlement to a level of insignificance. 1.5 Surface Water Discharges 1.5.1 Significant Effect. The site is subject to the requirements of the National Pollution Discharge Elimination System (NPDES) permit regulations (final rule, November 1990) for a Storm Water Pollution and Prevention Plan (SWPPP), which must be approved by the City, the Alameda County Flood Control and Water Control District (ACFCWCD), and the $tate Water Resources Control Board (SWRCB). To obtain approval of the SWPPP, the applicant must submit a Notice of Intent (N01) to the SWRCB. The SWPPP must include measures to control the outflow of contaminants. The construction of the project, including building demolition, removal of existing paving and grading for site preparation and paving of the site must also adhere to the SWPPP. Approval of the project without an adequate SWPPP is a potentially significant impact. Findings. The Planning Board hereby makes findings (1). (Finding 1: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Mitigated Negative Declaration /Initial Study). Facts in Support of Findings. The following facts or mitigation measures indicate that the identified impact will be reduced to a level of insignificance. (1) The project applicant shall prepare a Storm Water Pollution and Prevention Plan and obtain approval by the City of Alameda, the ACFCWCD and the SWRCB. The drainage plan for the project must also meet the City's Urban Runoff Guidelines. Measures in the SWPPP may include storm drain filters (sometimes referred to as "fossil filters" in reference to the fossil fuels oil and grease — which may be absorbed by fabric components of the filters), screens for larger debris, and other techniques recommended by the City of Alameda in its Urban Runoff Guidelines. During construction, the SWPPP shall provide controls on the storage and handling of toxic and hazardous materials, detention basins, and similar measures. Compliance with the requirements of the Urban Runoff Guidelines and the SWPPP would reduce the potential impacts on surface water quality to a level of insignificance. 1.6 Air Quality Construction Impacts 1.6.1 Significant Effect. ` The project would generate particulate ' matter `(dust) during construction, which may be disturbing or harmful to residents, and could be potentially significant, if inadequate measures are not taken. Findings. The Planning Board hereby makes findings (1). (Finding 1: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Mitigated Negative Declaration /Initial Study). Facts in Support of Findings. The following facts or mitigation measures indicate that the identified impact will be reduced to a level of insignificance. (1) The project applicant shall be required to regularly water the site to control dust and to cover all materials in trucks entering and leaving the site which have the potential to contribute to dust emissions. These measures would reduce the impact to a level of insignificance. 1.7 Traffic Congestion 1.7.1 Significant Effect. At the intersection of Webster Street and Atlantic Avenue, which is projected to deteriorate to unacceptable LOS E conditions, the project would contribute traffic and increase the average vehicle delay, which represents a potentially significant cumulative impact of the project. In addition, at the intersections of Atlantic Avenue and Challenger Drive, and Marina Village Parkway and Challenger Drive, which would operate at LOS F during the p.m. peak hour without the signalization which is being a proposed at each of these intersections, the project would 4 contribute to the eventual need for signalization at these intersections, and the increased traffic volume represents a potentially significant cumulative impact of the project. With signalization, both intersections would operate at LOS B during both peak hours. In Oakland, the intersections of Broadway and 5th Street, and Harrison and 7th Streets are anticipated to operate at LOS F during both the a.m. and p.m. peak hours under future cumulative conditions. The project would contribute a potentially significant cumulative portion of traffic at these intersections. Findings. The Planning Board hereby makes findings (1). (Finding 1: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Mitigated Negative Declaration /Initial Study). Facts in Support of Findings. The following facts or mitigation measures indicate that the identified impact will be reduced to a level of insignificance. (1) The project applicant shall be required to contribute their fair share of the costs of specific projects to which the project contributes cumulative traffic increases. The fair share contribution shall be based on the project traffic as a percentage of the total growth between 1997 and project 2010 conditions at the intersection which is adversely impacted by cumulative development including the project. The projects to which the subdivider shall contribute a pro rata share shall include: a. The Tinker/Tynan Roadway Extension, for which the subdivider's share has been determined to be 1.7% of the cost of these projects, based on projected traffic increases at the intersection of Atlantic Avenue and Webster Street. A portion of the contribution may be expended on the Mitchell Mosely Roadway project. b. The needed traffic controls at the intersections of Atlantic Avenue and Challenger Drive, and of Marina Village Parkway and Challenger Drive, for which the subdivider's share has been determined to be 1.2% and 2.0% respectively of the cost of these projects, based on projected traffic increases at these specific intersections. c. A program of improvements within the city limits of Oakland to vehicle access between Interstate- 880 /the Nimitz Freeway and the Webster and Posey Tubes, for which the subdivider's share has been determined to be as follows: 1. The off -ramp to Martin Luther King Jr. Way, from southbound 5 1 -880 (Cypress structure), based on a 0.7 percent increase in traffic on the Jackson Street Off -Ramp, and generally on local Oakland streets; The slip off ramp to the Webster Tube, from the Jackson Street off -ramp from southbound 1 -980, based on a 2.9 percent increase in traffic on the intersection of Broadway and 5th Street; 3. The on -ramp from south of Jackson Street to southbound 1 -880, based on a 2.2 percent increase in traffic on the intersection of Harrison and 7th Streets; The on -ramp from the Posey tube exit to northbound 1 -880, based on a 2.2 percent increase in traffic on the intersection of Harrison and 7th Streets; and The slip off- ramp to Webster Street, from northbound 1 -880, based on a 1.3 percent increase in traffic at the intersection of Broadway and 6th Street. 1.8 Noise 1.8.1 Significant Effect. The environmental noise letter report, prepared by Iliingworth 8t Rodkin, Inc., dated October 27, 1997, determined that under projected traffic conditions, future residents could potentially be exposed to noise from traffic on Buena Vista and Atlantic Avenues which would exceed 60 dBA Ldn, the maximum acceptable exterior noise level defined for residential areas in the General Plan Noise Element, which would be potentially significant, unless noise reduction or insulation techniques are incorporated into the design. The affected homes, as identified in the Tentative Map, include lot numbers 1, 8, 9, 10, 29 through 37, and 77 through 83. Findings. The Planning Board hereby makes findings (1). (Finding 1: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Mitigated Negative Declaration /Initial Study). Facts in Support of Findings. The following facts or mitigation measures indicate that the identified impact will be reduced to a level of insignificance. (1) Acoustical treatments shall be provided by the applicant to minimize the noise levels for homes which back up to or otherwise border Buena Vista and Atlantic Avenues. The treatments shall include a solid wood fence, without any gaps, of at least 5 feet in height along Buena Vista Avenue, and an 8 -foot high masonry wall along the northern property lines of the lots which are adjacent 6 to Atlantic Avenue (lot numbers 30 through 37). In addition, in order to deflect noise transmitted through the open fence proposed along the Atlantic Avenue side of the mini-park, solid wood fences are required along the property line between the mini-park and the adjoining homes, and along the rear property line of the two homes closest to Atlantic Avenue within Parcel 2. The Noise Study identifies the location of recommended sound walls and solid fences (Source: Noise Study, pages 2-3). As an alternative to the fences between the adjoining homes and the mini-park, the masonry wall could be extended approximately 100 feet along the northern edge of the mini-park, from each end of the sound walls. 1.8.2 Significant Effect. With open windows, the upper stories of homes with rear property lines adjacent to Atlantic Avenue would experience noise levels which would exceed the City's interior noise standard of 45 dBA Ldn for new construction, and result in a potentially significant noise impact. Findings. The Planning Board hereby makes findings (1). (Finding 1: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Mitigated Negative Declaration/Initial Study). Facts in Support of Findings. The following facts or mitigation measures indicate that the identified impact will be reduced to a level of insignificance. (1) The upper stories of homes whose yards closely border Buena Vista and Atlantic Avenues (lot numbers 1, 8, 9, 10, 29 through 37, and 77 through 83), shall be equipped with forced-air mechanical ventilation, to allow residents to control the noise by closing the windows. Furnaces equipped with "summer switches" are typically an acceptable form of such ventilation. These measures will reduce the potential impacts of noise exposure of project residents to a level that is insignificant. 1.9 Roadway Maintenance 1.9.1 Significant Effect. Construction vehicles traveling repeatedly to and from the site for excavation of soils on the site could result in deterioration of the roadway surface on Buena Vista Avenue, which is a potentially significant impact Findings. The Planning Board hereby makes findings (1). (Finding 1: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Mitigated Negative Declaration/Initial Study). Facts in Support of Findings. The following facts or mitigation measures indicate that 7 the identified impact will be reduced to a level of insignificance. (1) The project applicant shall be required to survey conditions on Buena Vista Avenue, Webster Street and other streets specified by the City Engineer before and after the primary soil excavation activity to identify locations where repairs are required to Buena Vista Avenue and other roadways adversely impacted by excavation trucks, and provide necessary a financial guarantee if required. Repairs or maintenance shall be to the satisfaction of the City Engineer. 8 . Impact: ATTACHMENT B BRUZZONE ALAMEDA MITIGATED NEGATIVE DECLAR MITIGATION MONITORING PROGRAM T ON Seismic Ground Shaking. Specific investigations of the site by Berlogar Geotechnical Consultants (Berlogar Geotechnical Consultants, Supplemental Geotechnical Investigation, Proposed Residential Development, Bruzzone Property, Buena Vista Avenue and Webster Street, Alameda, California, July 11, 1997 ) determined that in the northern two-thirds of the U-shaped site, the upper layer of 3 to 5.5 feet is underlain by 3 to 5 feet of loose to medium dense silty sands, in turn underlain by medium dense to dense silty sands; and in the southern one-third of the site, the upper layer of sandy clay and silty sand fill is underlain by dense silty sand to the limits of the investigation (about 30 feet below ground surface). These conditions would contribute to potentially significant seismic impacts on parts of the site in the event of a major earthquake on the Hayward, Calaveras or other faults, although the structural integrity of buildings on the site would be the primary determining factor in the potential for seismic damage, rather than the subsurface soil itself. Mitigation Measure: Site Preparation and Grading. The subdivider shall incorporate the recommendations of the Geotechnical Investigation prepared by Berlogar Geotechnical Consultants for construction on the site, particularly for conformance to the current Uniform Building Code, which designates the site as a Zone 4 area, which requires some special construction methods. Compliance with the site preparation and grading recommendations of the Geotechnical Investigation would reduce the potential impact to a level of insignificance. Responsibility: Applicant, City Engineer and Public Works Department Action: 1. Applicant to submit Final Geotechnical Report to City Engineer for approval prior to the approval of the Final Map.. 2. Applicant to submit grading and structural plans for review of compliance with approved Final Geotechnical Report. 3, Public Works staff shall review grading an structural plans, and inspect work for each building phase to determine compliance with approved plans. II. Impact: Ground Failure and Liquefaction. The 3 to 5 feet of relatively loose sands (the loose to medium dense silty sands within the northern two- thirds of the site) encountered at depths of about 4 to 10 feet have very high potential for liquefaction, which may lead to adverse settlement and ground failure, which would be potentially significant. Mitigation Measure: Site Excavation and Replacement Fill. The applicant shall incorporate the recommendations of the Geotechnical Investigation prepared by Berlogar Geotechnical Consultants regarding site preparation measures to avoid seismic ground failure and liquefaction, including the construction of an engineered fill cap with a fabric filter on the areas subject to liquefaction. Compliance with the recommendations of the Geotechnical Investigation for site preparation and grading would reduce the potential impact of liquefaction or other ground failure to a level of insignificance. Responsibility: Applicant, City Engineer and Public Works Department Action: 1. Applicant to submit Final Geotechnical Report to City Engineer for approval prior to the approval of the Final Map. 2. Applicant to submit grading and structural plans for review of compliance with approved Final Geotechnical Report. 3. Public Works staff shall review grading and structural plans and inspect work for each building phase to determine compliance with approved plans. Unstable Soil Conditions. The perimeter of the site borders on existing buildings and pavements, which, due to extensive excavation requirements, could settle without proper support and stabilization at the edge of the excavated areas, which is a potentially significant impact. Mitigation Measure: During construction the applicant shall be required to provide a sufficient setback of the excavated area from existing structures and pavement which may be subject to instability due to excavation, or to use appropriate support structures or stabilization methods. Provision of setbacks or support structures would reduce the potential impact to a level of insignificance. III. Impact: Responsibility: Applicant, City Engineer and Public Works Department Action: 1. Applicant to submit Final Geotechnical Report to City Engineer for approval, prior to the approval of the Final Map, which shall include means of avoiding structural and pavement instability of adjacent structures. 2. Public Works staff shall inspect work for each grading phase to 2 determine compliance with plans for avoiding structural and pavement instability of adjacent structures. IV. Impact: Differential Settlement. The 3 to 5 feet of loose to medium dense silty sands within the northern two-thirds of the site, at depths of about 4 to 10 feet, which have very high liquefaction potential, may also lead to adverse settlement, or land subsidence, and differential settlement (irregular settlement). Potential settlement in the areas with liquefiable soils, although estimated to be relatively uniform, from 2 to 3 inches, is a potentially significant impact. Mitigation Measure: The site shall be graded as recommended in the Supplemental Geotechnical Investigation prepared by Berlogar Geotechnical Consultants. Foundations shall be constructed of structural slab on the engineered fill cap, to accommodate total and differential settlement according to the recommendations in the Geotechnical Investigation. Compliance with the recommendations of the Geotechnical Investigation for grading and foundation standards would reduce the potential impact of differential settlement to a level of insignificance. Responsibility: Applicant, City Engineer and Public Works Department Action: V. Impact: 1. Applicant to submit Final Geotechnical Report to City Engineer for approval prior to the approval of the Final Map.. 2. Applicant to submit grading and structural plans for review of compliance with approved Final Geotechnical Report. . Public Works staff shall review grading and structural plans and inspect work for each building phase to determine compliance with approved plans. Surface Water Discharges. The site is subject to the requirements of the National Pollution Discharge Elimination System (NPDES) permit regulations (final rule, November 1990) for a Storm Water Pollution and Prevention Plan (SWPPP), which must be approved by the City, the Alameda County Flood Control and Water Control District (ACFCWCD), and the State Water Resources Control Board (SWRCB). To obtain approval of the SWPPP, the applicant must submit a Notice of Intent (N01) to the SWRCB. The SWPPP must include measures to control the outflow of contaminants. The construction of the project, including building demolition, removal of existing paving and grading for site preparation and paving of the site must also adhere to the SWPPP. Approval of the project without an adequate SWPPP is a potentially significant impact. Mitigation Measure: The project applicant shall prepare a Storm Water Pollution and Prevention Plan and obtain approval by the City of Alameda, the ACFCWCD and the SWRCB. The drainage plan for the project must also meet the City's Urban Runoff Guidelines. During construction, the SWPPP shall provide controls on the storage and handling of toxic and hazardous materials, detention basins, and similar measures. Compliance with the requirements of the Urban Runoff Guidelines and the SWPPP would reduce the potential impacts on surface water quality to a level of insignificance. Responsibility: Applicant, Alameda County Flood Control and Water Control District, State Water Resources Control Board, City Engineer and Public Works Department Action: 1. Applicant to submit Storm Water Pollution and Prevention Plan to City Engineer, Alameda County Flood Control and Water Control District, and State Water Resources Control Board for approval prior to issuance of grading permit or approval of Improvement Plan. 2. Public Works staff shall inspect work for each building phase to determine compliance with the Final SWPPP. VI. Impact: Air Quality Construction Impacts. The project would generate particulate matter (dust) during construction, which may be disturbing or harmful to residents, and could be potentially significant, if inadequate measures are not taken. Mitigation Measure: The project applicant shall be required to regularly water the site to control dust and to cover all materials in trucks entering and leaving the site which have the potential to contribute to dust emissions. These measures would reduce the impact to a level of insignificance. Responsibility: Applicant, City Engineer and Public Works Department Action: 1. Public Works staff shall inspect work for each building phase to determine compliance with dust control measures. VII.A. Impact: Traffic Congestion. At the intersection of Webster Street and Atlantic Avenue, which is projected to deteriorate to unacceptable LOS E conditions, the project would contribute traffic and increase the average vehicle delay, which represents a potentially significant cumulative impact of the project. VII.B Impact: At the intersections of Atlantic Avenue and Challenger Drive, and Marina Village Parkway and Challenger Drive, which would operate at 4 LOS F during the p.m. peak hour without the signalization which is being a proposed at each of these intersections, the project would contribute to the eventual need for signalization at these intersections, and the increased traffic volume represents a potentially significant cumulative impact of the project. With signalization, both intersections would operate at LOS B during both peak hours. VII.0 Impact: In Oakland, the intersections of Broadway and 5th Street, and Harrison and 7th Streets are anticipated to operate at LOS F during both the a.m. and p.m. peak hours under future cumulative conditions. The project would contribute a potentially significant cumulative portion of traffic at these intersections. Mitigation Measure: The project applicant shall be required to contribute their fair share of the costs of specific projects to which the project contributes cumulative traffic increases. The fair share contribution shall be based on the project traffic as a percentage of the total growth between 1997 and project 2010 conditions at the intersection which is adversely impacted by cumulative development including the project. The projects to which the subdivider shall contribute a pro rata share shall include: a. The Tinker/Tynan Roadway Extension, for which the subdivider's share has been determined to be 1.7% of the cost of these projects, based on projected traffic increases at the intersection of Atlantic Avenue and Webster Street. A portion of the contribution may be expended on the Mitchell Mose ly Roadway project. b. The needed traffic controls at the intersections of Atlantic Avenue and Challenger Drive, and of Marina Village Parkway and Challenger Drive, for which the subdivider's share has been determined to be 1.2% and 2.0% respectively of the cost of these projects, based on projected traffic increases at these specific intersections. c. A program of improvements within the city limits of Oakland to vehicle access between Interstate-880/the Nimitz Freeway and the Webster and Posey Tubes, for which the subdivider's share has been determined to be as follows: 1. The off-ramp to Martin Luther King Jr. Way, from southbound 1-880 (Cypress structure), based on a 0.7 percent increase in traffic on the Jackson Street Off-Ramp, and generally on local Oakland streets; 5 2. The slip off -ramp to the Webster Tube, from the Jackson Street off -ramp from southbound 1 -980, based on a 2.9 percent increase in traffic on the intersection of Broadway and 5th Street; 3. The on -ramp from south of Jackson Street to southbound I- 880, based on a 2.2 percent increase in traffic on the intersection of Harrison and 7th Streets; 4. The on -ramp from the Posey Tube exit to northbound 1 -880, based on a 2.2 percent increase in traffic on the intersection of Harrison and 7th Streets; and 5. The slip off -ramp to Webster Street, from northbound 1 -880, based on a 1.3 percent increase in traffic at the intersection of Broadway and 6th Street. Responsibility. Applicant, City Engineer, Public Works Department Action: Prior to the issuance of any building permit for the site, the applicant ` shall pay a pro rata share of the cost of the Tinker /Tynan Roadway Extension. The proportionate share shall be calculated by using the project's average peak hour traffic contribution to the cumulative traffic increase projected to occur between February 29, 1`996 and 2010 by the applicant's traffic consultant, TJKM Transportation Consultants, at the intersection of Atlantic Avenue and Webster Street. A portion of the share may be expended on the proposed Mitchell Mosely Roadway. The share shall be adjusted from September 1996 (date of provision of improvement project cost estimate from City Engineer) to the date of payment by the Engineering News Record Construction Cost Index for the San Francisco /Bay Area Alternatively, the subdivider may work with the Public Works staff to arrange a payment schedule acceptable to the City Engineer o the issuance of any building permit for the site, the applicant shall contribute a traffic impact fee to the Marina Village Assessment District for needed traffic controls at Atlantic Avenue/ Challenger Drive and at Marina Village Parkway /Challenger Drive, to be based on the project's average peak hour traffic contribution to the cumulative traffic increase projected to occur between February 29, 1996 and 2010 by the applicant's ` traffic consultant, TJKM Transportation Consultants, respectively, at the intersections of Atlantic Avenue 6 VIII.A. Impact: Mitigation Measu and Challenger Drive, and at Marina Village Parkway/ Challenger Drive. 3. Prior to the issuance of any building permit for the site, the applicant shall contribute on a pro rata basis to the cost of the programmed improvements to access between Interstate 880/ Nirnitz Freeway and the Webster and Posey Tubes, to be based on the project's average peak hour traffic contribution to the cumulative traffic increase projected to occur between February 29, 1996 and 2010 by the applicant's traffic consultant, TJKM Transportation Consultants, at the intersections of Broadway and 5th Street, and Harrison and 7th Street. Exterior Noise. The environmental noise letter report, prepared by Illingworth & Rodkin, Inc., dated October 27, 1997, determined that under projected traffic conditions, future residents could potentially be exposed to noise from traffic on Buena Vista and Atlantic Avenues which would exceed 60 dBA Ldr,, the maximum acceptable exterior noise level defined for residential areas in the General Plan Noise Element, which would be potentially significant, unless noise reduction or insulation techniques are incorporated into the design. The affected homes, as identified in the Tentative Map, include lot numbers 1, 8, 9, 10, 29 through 37, and 77 through 83. Acoustical treatments shall be provided by the applicant to minimize the noise levels for homes which back up to or otherwise border Buena Vista and Atlantic Avenues. The treatments shall include a solid wood fence, without any gaps, of at least 5 feet in height along Buena Vista Avenue, and an 8-foot high masonry wall, or other wall designed to mitigate the identified impact, along the northern property lines of the lots which are adjacent to Atlantic Avenue (lot numbers 30 through 37). In addition, in order to deflect noise transmitted through the open fence proposed along the Atlantic Avenue side of the mini-park, solid wood fences are required along the property line between the mini-park and the adjoining homes, and along the rear property line of the two homes closest to Atlantic Avenue within Parcel 2. The Noise Study identifies the location of recommended sound walls and solid fences (Source: Noise Study, pages 2-3). As an alternative to the fences between the adjoining homes and the mini- park, the masonry wall could be extended approximately 100 feet along the northern edge of the mini-park, from each end of the sound walls. Responsibility: Applicant, Planning Director, City Engineer and Public Works Department 7 Action: Applicant to submit Final Improvement Plans to City Engineer for approval, including plans for noise insulation fences and masonry walls. 2. Public Works staff shall inspect work for each building phase to determine compliance with approved plans for external noise insulation. Impact VIIIB. Interior Noise. With open windows, the upper stories of homes with rear property lines adjacent to Atlantic Avenue would experience noise levels which would exceed the City's interior noise standard of 45 dBA Ldn for new construction, and result in a potentially significant noise impact. (1) The upper stories of homes whose yards closely border Buena Vista and Atlantic Avenues (lot numbers 1, 8, 9, 10, 29 through 37, and 77 through 83), shall be equipped with forced- air mechanical ventilation, to allow residents to control the noise by closing the windows. Furnaces equipped with "summer switches" are typically an acceptable form of such ventilation. These measures will reduce the potential impacts of noise exposure of project residents to a level that is insignificant. Responsibility: Applicant, City Engineer and Public Works Department Action: 1. Applicant to submit building plans for approval, including plans for noise insulation. Public Works staff shall review building plans and inspect construction to determine compliance with approved plans for internal noise insulation. Impact: Roadway Maintenance. Construction vehicles traveling repeatedly to and from the site for excavation of soils on the site could result in deterioration of the roadway surface on Buena Vista Avenue, which is a potentially significant impact. Mitigation Measure: The project applicant shall be required to survey conditions on Buena Vista Avenue, Webster Street and other streets specified by the City Engineer before and after the primary soil excavation activity to identify locations where repairs are required to Buena Vista Avenue and other roadways adversely impacted by excavation trucks, and provide necessary a financial guarantee if required. Responsibility: Applicant, City Engineer and Public Works Department Action: Applicant shall conduct survey of roadway conditions on specified roads, and submit soil excavation and transportation plans to the City Engineer for approval prior to issuance of Grading Pernik or the approval of the Improvement Plan. 2. Public Works staff shall determine if a financial guarantee is required. 3 Repairs or maintenance shall be to the satisfaction of the City Engineer prior to acceptance of subdivision improvements. 9 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 17th day of March , 1998, by the following vote to wit: AYES: Councilmembers Daysog, Lucas and Acting President DeWitt - 3. NOES: Councilmember Kerr - 1. ABSENT: Mayor Appezzato - 1. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 18th day of March , 1998. Diane elsch, City Cle City of Alameda