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Resolution 13069Approved as to For CITY OF ALAMEDA RESOLUTION NO. 13 0 6 9 ADOPTING A MITIGATED NEGATIVE DECLARATION, IS- 96 -10, AND MITIGATION MONITORING PLAN FOR ESTABLISHMENT OF AN INTERIM LEASE PROGRAM AT FLEET INDUSTRIAL SUPPLY CENTER WHEREAS, the City of Alameda is the lead agency in the preparation of an Initial Study, IS- 96 -10, to determine the potential environmental effects that would be associated with a proposal to adopt an Interim Lease Program for the interim reuse of Fleet Industrial Supply Center; and WHEREAS, a proposed Mitigated Negative Declaration was circulated for public comment between October 2, 1998, and November 3, 1998; and WHEREAS, written comments were received from the Alameda Bureau of Electricity, Alameda Engineering Division, U.S. Navy, East Bay Municipal Utilities District, Clearwater Revival Company, and Arc Ecology; and WHEREAS, staff has responded in writing to these comments in supplemental staff reports dated November 9 and November 18, 1998; the Planning Board has recommended revised conditions of approval accordingly, and has determined that no additional potentially significant impacts have been identified and, therefore, on November 23, 1998, recommended to the City Council approval of Mitigated Negative Declaration, IS- 96 -10, and the Mitigation Monitoring Plan; and WHEREAS, the City Council held a public hearing on this Mitigated Negative Declaration on December 1, 1998 and has examined pertinent documents and comments; and WHEREAS, the City Council has made the following findings: 1. 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, because the site is covered with a combination of structures and pavement, the shoreline of the Oakland - Alameda Estuary has existed only as an industrial wharf for over fifty years; therefore, there is no identified area which is habitat for rare or endangered species, the project does not have any significant, unavoidable adverse impacts on wildlife resources, and a finding of "de minimis impact" can be made in accordance to the regulations of the State Department of Fish and Game. 2. The project does not have the potential to achieve short term, to the disadvantage of long term, environmental goals because the project provides for short-term interim uses consistent with the General Plan designation for Federal Facilities, which are currently under Federal ownership, and the short-term use of the area designated for Medium - Density Residential does not interfere with future development with such uses, and the project will incorporate the Mitigation Measures identified in the Initial Study in order to avoid any significant adverse impacts. The project does not have possible environmental effects which are individually limited but cumulatively considerable because the described project is a short-term use within the project area and is not related to any other project or policy change; the project will incorporate mitigation measures to avoid any significant adverse impacts in the context of continued growth and development of western Alameda. The project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly, because the project provides only for short-term uses consistent with past established storage or industrial uses. WHEREAS, the City Council finds that although the project could have a significant effect on the environment with respect to land use compatibility, seismic ground shaking and ground failure, excavation, air quality, transportation, emergency access, hazards, noise, fire protection, storm water drainage, and aesthetics, there will not be a significant effect in this case because of the mitigation measures added to the project; and WHEREAS, the City Council has reviewed the Mitigation Monitoring Program for the project, attached hereto as Exhibit "A ", which shall be adopted as part of this Resolution and finds that these mitigation measures adequately mitigate the environmental effects of the project. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts Mitigated Negative Declaration, IS- 96 -10. BE IT FURTHER RESOLVED that the City Council hereby adopts the Mitigation Monitoring Program, Exhibit "A ". NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of the Negative Declaration is adopted by the Alameda City Council plus extensions authorized by California Code of Civil Procedure Section 1094.6.2 g: \cc \reso \fiscis EXHIBIT "A" MITIGATION MONITORING PROGRAM INTERIM LEASING PROGRAM, FLEET INDUSTRIAL SUPPLY CENTER ALAMEDA INTRODUCTION The Mitigation Monitoring Program for the Interim Lease Program (ILP) for the Fleet Industrial Supply Center Alameda (FISC) is described in the following text. This program establishes the responsibilities of individual interim lease applicants and the City of Alameda to assure compliance with the mitigation measures identified in the Initial Study/Mitigated Negative Declaration (IS-96-10), which will be incorporated as conditions of approval, as applicable, for any Use Permit issued at the FISC. I. Impact Land Use Compatibility. Interim uses would consist of industrial storage, light assembly or other general industrial or commercial activities which are expected to have environmental effects, such as noise, dust, odor or light, either similar to or less intensive than the pre-existing U.S. Navy activities. However, potential new uses directly adjacent to the Coast Guard housing area could be more intensive than previous activities in these locations, and the impacts would be potentially significant. Mitigation Measure #1: Land Use Compatibility Review. The Interim Lease Program will evaluate each proposed use on a case-by-case basis for impacts (light, noise, odor, etc.) on residential uses during the processing of each interim use permit, and specific mitigation measures addressing specific conflicts (e.g., noise, dust, etc.) will be identified. Implementation of required mitigation measures will be made a- condition of the approval of any interim use. Responsibility: Planning Director, Lessee. Action: 1. Planning Director shall evaluate each Use Permit application and identify procedures or structural improvements to be required as a condition of approval. 2. Lessee shall provide with their application for a Use Permit a detailed description of all activities proposed for each building or use, including outdoor activities, possible sources of noise, dust, lights and other activities which may disturb adjoining residential uses. MITIGATION MONITORING PROGRAM 1 INTERIM LEASING PROGRAM/FISC ALAMEDA II. Impact: Seismic Safety. The fill materials on the FISC site are known to subject buildings to moderate to severe shaking during seismic events. No substantial new construction or development would be permitted under the ILP, but new employees and equipment would be brought to the FISC site, and therefore, people and property would be exposed to potentially significant adverse seismic ground shaking. Mitigation Measure #2: Seismic Safety. Buildings will be required to meet minimum public safety requirements as a part of reuse, including an overall safety inspection. Any use of buildings requiring seismic upgrading shall be reviewed by the Building Official prior to issuance of an interim Certificate of Occupancy to ensure that appropriate public safety requirements have been met, such as complying with minimum seismic safety provisions or completion of required improvements. Responsibility: Lessee, Planning Director, Building Official Action: III. Impact: 1. Building Official shall identify for each proposed Lessee any necessary seismic safety improvements at the plan check stage. Any interim lease involving buildings in need of seismic upgrading shall be required to upgrade those buildings prior to occupancy, as a condition of approval of the Use Permit. 2. Planning Director shall condition approval of Use Permit on seismic upgrading required by Building Official. 3. Prior to approval of occupancy, Lessee shall complete all required safety improvements to building(s). 4. Prior to approval of occupancy, Building Official shall provide safety inspection and verify completion of any required improvements. Soil Displacement and /or Erosion. Minimal grading or utility trenching may be required to support the proposed reuse of existing buildings. Erosion or unstable soil conditions could occur without appropriate procedures, and the impact would be potentially significant. Mitigation Measure #3: Soil Displacement and /or Erosion Precautions. City and Navy approval will be required for any excavation. If utility trenching is required, the permit will be conditioned to ensure adequate bracing during construction and that the soil is stockpiled or replaced and returned to its previous state upon completion of trenching. Dust and MITIGATION MONITORING PROGRAM 2 INTERIM LEASING PROGRAM /FISC ALAMEDA erosion control measures shall be incorporated as conditions of the permit if soils are stockpiled. Responsibility: Lessee, Planning Director, and Building Official Action: 1. Upon applying for a lease or Use Permit, the proposed Lessee shall specify any requirements for utility trenching and/or soil stockpiling. 2. Planning Director shall identify limitations on trenching and excavation in ffie Use Pennit. 3 Building Official shall inspect at plan check and field check stage. If utility trenching is required, the construction permits will include conditions to ensure that there is adequate bracing during construction, that the soil is stockpiled or replaced and returned to its previous state upon completion of the trenching, and that dust is controlled. 4. Building Official shall verify compliance with these conditions. IV. Impact: Air Quality. Certain industrial uses at the FISC could generate new air pollutant emissions or odors. Any emissions or odors would be subject to approval of the Bay Area Air Quality Management District (BAAQMD). Mitigation Measure #4: Air Quality Permits. Interim uses will be reviewed for potential air pollutant emissions or odors. Interim uses which require permitting from the BAAQMD shall be reviewed by that agency, and conditions placed upon the use shall be incorporated into the Use Permit. Responsibility: Lessee, Planning Director, and BAAQMD.- Action: 1. The proposed Lessee shall specify in its application for a Use Permit if the Lessee will generate air emissions or odors which may require air quality permits for either new source emissions or the transfer of existing permits to new operators. 2. Prior to approval of a building permit or occupancy, interim lessees shall obtain necessary permits from the Bay Area Air Quality Management District and provide information to the City regarding air quality requirements, including equipment and/or monitoring. 3 Prior to approval of a building permit or occupancy, for any interim lease requiring a permit from the Bay Area Air Quality Management District, the Planning Director shall ensure that a permit is applied for and received by the Lessee. MITIGATION MONITORING PROGRAM 3 INTERIM LEASING PROGRAM/FISC ALAMEDA V. Impact: 4. Any conditions imposed by the permit shall be enforced by the Bay Area Air Quality Management District. Traffic (High- Employment Uses). The ILP will permit only those land uses which have the same characteristics and intensity as the previous U.S. Navy activities within the FISC, which primarily consisted of warehousing. In; addition, the ILP excludes an extensive amount of the FISC site for interim use, and prohibits substantial modifications to buildings, which would be required to accommodate most other uses. For these reasons, interim uses are not expected to generate more traffic than was generated by the U.S. Navy when it operated the FISC in 1990. The reduction in trips resulting from closure of the Naval Air Station and the FISC since 1990 is considered to have provided available capacity at intersections in Alameda and Oakland, which may be utilized by interim uses. The City will evaluate all proposed interim uses for their potential to "use up" this capacity, and will annually monitor traffic conditions at six "indicator" intersections. The indicator intersections include four in Alameda (Atlantic Avenue at both Main and Webster Street, Atlantic Avenue and Constitution Way, and Sherman Street and Buena Vista Avenue), and two in Oakland (Harrison and Seventh Streets, and Broadway and Fifth Street). t Interim uses with more than 100 employees per shift could generate impacts that will need to be mitigated and will, therefore, be required to prepare traffic impact studies. Interim uses that contribute traffic which cumulatively results in the volume of peak hour through- and turning- movements exceeding the traffic volume generated in 1990 at any of the six key "indicator" intersections in Alameda and Oakland is considered a potentially significant traffic impact. Mitigation Measure #5: Traffic Studies (High- Employment Uses). If the traffic study prepared for a proposed interim use with greater than 100 employees indicates that the use will result in higher peak hour through- and turning- movements than existed in 1990 at the six intersections, the City will require the applicant to implement mitigation measures such as providing alternative transportation methods or requiring off -peak work hours for employees, and the City may require payment to the City of a fair share of the cost of improvements which may be require d to reduce or avoid any identified impacts. Fee payments may be Alameda, City of, Engineering Division, CALSTART: Traffic Impact Analysis, Transportation Systems Management (TSM) and Urban Runoff Ordinance Requirement. September 1, 1995; telephone conversation with Virandra Patel, Alameda Engineering Division, September 30, 1998. MITIGATION MONITORING PROGRAM 4 INTERIM LEASING PROGRAM /FISC ALAMEDA assessed either for short -term, incremental improvement projects, or for long -term improvements. Responsibility: Lessee and Public Works Director Action: VI. Impact: 1. Lessees shall describe in detail, as part of application for a Use Permit, the numbers of workers and visitors estimated to be in the building(s) at all times, their anticipated times of arrival, and their anticipated mode of transportation. Interim lessees shall also provide detailed information about expected access and egress by freight and service vehicles, including numbers and types of vehicles each day and their times of access and egress. 2. Lessees proposing to employ 100 or more persons per shift shall submit a traffic study completed by a qualified transportation engineer to determine which, if any local intersections, including the six indicator intersections, would be adversely impacted by its traffic, and what traffic improvements may be necessary to avoid such impacts. 3. Lessees projected to result in greater peak hour through- and turning movements at the indicator intersections than existed in 1990, shall be required to implement mitigation measures to be approved by the Public Works Director, such as providing alternative transportation methods, requiring off -peak work hours for employees, or contributing an annual fee per employee for the City to install or implement alternative transportation improvements or programs. 4. Public Works Director shall monitor compliance with mitigation measures. Traffic (All Interim Uses). Each interim use shall be required, as a condition of its Use Permit, to pay a fee to cover its fair share of the cost of an annual traffic monitoring program, including City staff time, to determine if the 1990 through- or turning movements at the six intersections are exceeded as a result of accumulated interim uses within the FISC. In the event that annual monitoring of these intersections indicates that interim uses have resulted in a higher volume of through- or turning- movements than existed in 1990, or are projected by the Alameda Engineering Division to be exceeded due to approved interim uses, any future interim use shall be considered to have a potentially significant impact. Mitigation Measure #6: Traffic Monitoring (All Interim Uses). If the traffic monitoring program indicates that the use will result in higher peak hour through- and 'turning- movements than existed in 1990 at the four intersections, MITIGATION MONITORING PROGRAM 5 INTERIM LEASING PROGRAM /FISC ALAMEDA the City shall recommend revised conditions for future interim uses (and possibly existing uses), such as payment of a pro-rata share of appropriate mitigation, or implementation of additional trip-reduction methods for employees. Appropriate conditions, to be identified by the City, may include providing employee incentives for non-auto commutes including ferry, car and van pools, bicycle use, providing disincentives for single-occupant car use, marketing public transportation, and requiring off-peak shifts for employees. Responsibility: Lessee and Public-Works Director Action: VII. Impact Mitigation Measure #7: Responsibility: 1 All lessees shall agree to accept potential additional mitigation requirements to be determined by the Public Works Director, based on annual monitoring program, which may include alternative transportation methods, off-peak work hours for employees, or contribution of an annual fee per employee for the City to install or implement alternative transportation improvements or programs. 2. Public Works Director shall monitor compliance with mitigation measures. Traffic at SR 260/1-880 Interchange (All Interim Uses) . Interim uses which contribute to adverse deterioration of the SR 260/1-880 interchange, as determined by the City on the basis of annual traffic monitoring, shall be considered as having a potentially significant cumulative impact. The City of Alameda intends for permanent, long- term uses on the FISC site to be responsible for contributions to the cost of implementing the deficiency plan for the State Route 260 segment of Highway 61. However, short-term, interim uses such as permitted under the ILP could contribute to a deterioration of traffic conditions at the SR 260/1-880 interchange, which would be a potentially significant cumulative impact. • SR 260/I-880 Interchange Traffic Mitigation Fee (All Interim Uses). Interim Uses shall be obligated as a condition of approval of their Use Permits to contribute a fair share portion of the costs of implementing the deficiency plan for the SR 260/1-880 interchange, or for short-term traffic improvement measures that may be found to be necessary or feasible to improve traffic conditions at this interchange. The City of Alameda shall determine the appropriate fair share contributions to be assessed from interim uses, based on annual monitoring of traffic conditions in the vicinity of the interchange, the traffic characteristics of approved or proposed interim uses, and the relative duration of each lease. Public Works Director, Lessee. MITIGATION MONITORING PROGRAM 6 INTERIM LEASING PROGRAM/FISC ALAMEDA Action: Public Works Director shall complete annual monitoring of traffic movements at each of the six indicator intersections. Upon indication that trips generated by interim uses within the FISC site, when added to cumulative traffic, results in traffic volumes exceeding those generated in 1990 at the Oakland interesections, the Public Works Director shall prepare an order-of-magnitude estimate for the costs of implementing the deficiency plan for the SR 260/1- 880 interchange, and identify the fair share contributions to the cost of the deficiency plan for each interim use (existing and proposed), based on its traffic characteristics. 2. If traffic monitoring determines the need for mitigation, Lessee shall pay their fair share cost for the the SR 260/1-880 improvements in accordance to the schedule established by the Public Works Director, which shall be established prior to approval of a building permit or occupancy. VIII. Impact: Hazards to Safety. The existing turn from southbound Webster Street onto Tinker Avenue, including both the right turn onto Tinker Avenue and the U-turn-type movement onto Mariner Square Loop, does not meet current geometric standards for safe access. During peak hour traffic conditions, when high volumes of traffic utilize the Webster Tube, a potentially significant adverse safety problem could result if the ILP results in substantial numbers of trucks or other large vehicles making the right- or U-turn movement to travel to the FISC site. Trucks queueing in the deceleration lane could obstruct movement within the right-hand lane of the Webster Tube. Mitigation Measure #8: Safety Hazards Monitoring and Improvement of Geometries. The City Engineering Department shall prepare an order-of-magnitude estimate for the costs of improving the Webster Street exit ramp to Tinker Avenue and the related turn to Mariner Square Loop. The traffic monitoring program for the FISC will annually evaluate conditions at the intersection of Tinker Avenue and Webster Street, as well as monitor trip generation from interim uses, to determine if improvements to the exit ramp and the turning radius are feasible and cost-effective. Improvements shall be coordinated with Caltrans. Prior to implementation of improvements, the Tinker Avenue entry will be opened for use by trucks, to avoid the U-turn type movement from southbound Webster Street to northbound Mariner Square Loop. Interim uses shall be assessed a fair share of the costs of improving Tinker Avenue and connecting roadways within the FISC, such as pavement rehabilitation. As a temporary measure, the City may require MITIGATION MONITORING PROGRAM 7 INTERIM LEASING PROGRAM/FISC ALAMEDA tenants to use other entries to the FISC, or limit truck trips to non-peak hours. Based on monitoring of conditions at this exit ramp, the City may require each proposed interim lease, as a condition of its Use Permit, to be obligated to pay a pro-rata share of the costs of improving the geometrics of the Webster Street exit ramp to Tinker Avenue and the right turn to Mariner Square Loop. The pro-rata cost share of each interim use shall be based on its percentage of the gross leasable area which it is leasing._ Because some interim lease uses may be of short duration (less than two or three years), the payment of each tenant's share of the costs may be deferred until plans are developed or the improvements are completed. Responsibility: Public works Director, Lessee. Action: 1. Public Works Director shall prepare an order-of-magnitude estimate for the costs of improving the Webster Street exit ramp to Tinker Avenue and the related turn to Mariner Square Loop, and to annually report on traffic safety at the Webster Street turnoff to Tinker Avenue. 2. Public Works Director shall ensure adequacy of circulation through the 141SC site from Tinker Avenue with necessary improvements to pavement, signage and/or striping. If required by truck or other vehicle traffic, Public Works Director shall implement improvements to turning geometries. 3 Lessee shall contribute pro-rata share of costs of annual traffic monitoring of Webster Street turnoff to Tinker Avenue, and if required, to improvements of turning geometries. IX. Impact: Emergency Access. Access to the FISC by the Fire Department is currently constrained by locked gates at some of the entries, and a poor system of building identification and street names and addresses, which may result in delayed emergency response to specific buildings. In addition, pending completion of a flood drainage pumping project along Main Street, emergency response to the Coast Guard Housing area must be provided through the FISC. These conditions could result in a potentially significant obstruction of emergency access. Mitigation Measure #9: Emergency Response Plan. Designated emergency routes from either the Tinker Avenue or Mariner Square Loop entrances to the FISC shall be kept free and clear of parked or waiting trucks and vehicles, stored materials or other obstructions. Prior to completion of flood MITIGATION MONITORING PROGRAM 8 INTERIM LEASING PROGRAM/FISC ALAMEDA improvements along Main Street, emergency access routes shall be posted with Tow Away zone signs, and shall be strictly enforced. The connection between C Avenue within the FISC and Mose ly Avenue within the Coast Guard Housing area shall be kept clear and be well- marked. Gates shall be provided with "Knox Boxes" for Fire Department personnel access, and with street map signs and building identifications or addresses. All buildings and routes shall be reviewed for clarity of identification and improved as necessary. Responsibility: Fire Department, Police Department, and Lessee. Action: 1. City to install Knox Boxes and coordinate with Fire Department for keys, street map signs and building identification. 2. Police Department to patrol site to ensure emergency routes are kept clear of parked vehicles, stored materials or other obstructions . 3 Lessees to be responsible for keeping emergency routes clear of parked vehicles, stored materials or other obstructions. X. Impact: Hazardous Materials (Within Installation Remediation Sites). The ILP will establish conditions of approval for each Use Permit to limit construction to minor additions and excavation. However, any excavation in areas designated by the United States Environmental Protection Agency (USEPA) as an Installation Remediation (IR) site within the FISC due to activities of interim uses, or required utility improvements, could result in a potentially significant release of hazardous substances to the environment. Mitigation Measure #10: Health and Safety Plans. Any required excavation activity within an Installation Remediation site shall require the preparation of a site- specific Health and Safety Plan (HSP) for protection of construction workers, to be approved by the Alameda County Department of Environmental Health (DEH). The HSP shall provide a minimum of Level D personal protection, which, as defined by the U.S. Occupational Safety and Health Administration (OSHA), is the lowest level of protection for workers at contaminated or hazardous materials sites and includes use of hard hats, coveralls, steel-toed boots, gloves and, where necessary, cartridge-filter-style respirators. The HSP should describe construction activities and address safety precautions, including dust control, odor control, soil disposal, and protection measures for workers.- Environmental Health may require higher levels of protection in some locations, and also requires notification of any changes in development plans and an updated risk management plan for any future construction. Excavation activities in IR areas shall be MITIGATION MONITORING PROGRAM 9 INTERIM LEASING PROGRAM/FISC ALAMEDA Responsibility: Action: XI. Impact: specifically noted in the Hearing Notice, and the Planning Board shall make specific findings that significant releases of potentially hazardous materials will be avoided. Planning Director, Alameda County Department of Environmental Health, Lessee and Construction Contractors. 1. Lessee shall identify with Use Permit application if excavation or other soil disturbance within IR sites is required. If necessary, Planning Director shall condition approval of Use Permit upon approval of Health and Safety Plan (HSP) by the Alameda County Department of Environmental Health. 2. Prior to authorization of construction, Alameda County Department of Environmental Health shall review and regulate HSP submitted by construction contractors. 3. Lessee and/or construction contractors shall implement HSP during any soil distu,_ ance ci excavation activities within , sites. Hazardous Materials (Within Overall FISC Site). The ILP will establish conditions of approval for each Use Permit to limit construction to minor additions and excavation. However, any substantial surface disturbance occurring within the 1-1SC due to activities of interim uses, or required utility improvements, could result in a potentially significant release of hazardous substances to the env ironment Mitigation Measure #11: Soil Testing of Non-IR Sites. Any activity which requires excavation or other disturbance of subsurface conditions not within a specifically- defined IR site, including City-required utility improvements, shall provide for soil testing along the line of excavation. In the event that contaminants are detected at levels deemed unsafe for potential release to the environment, the sponsor shall either modify the project to leave the area undisturbed, or provide for approval of a Health and Safety Plan by the Alameda County Department of Environmental Health for protection of construction workers against harmful exposure. Responsibility: Action: Planning Director, Alameda County Department of Environmental Health, Lessee and Construction Contractors. 1. City to determine for each Use Permit application if excavation or other soil disturbance is required, and if necessary, condition approval of Use Permit upon soil testing of the line of excavation by an appropriate registered professional. MITIGATION MONITORING PROGRAM 10 INTERIM LEASING PROGRAM/FISC ALAMEDA 2. City to review results of soil testing, and determine need for remediation and/or preparation of a Health and Safety Plan (HSP) by excavation contractors. 3 Alameda County Department of Environmental Health to approve HSP submitted by construction contractors. 4. Lessee and/or construction contractors to implement HSP during any soil disturbance or excavation activities within IR sites. XII. Impact: Hazardous Materials (Interim Uses). The ILP incorporates all of the applicable FOSL lease restrictions established by the Navy, which prohibit the use or storage of hazardous materials without the express approval of the Navy. However, it is possible that interim uses may involve the use and storage of hazardous materials or could be involved in the production of hazardous wastes. Mitigation Measure#12: Handling of Hazardous Materials by Interim Uses. All interim uses shall be subject to conditions of the Navy's Finding of Suitauility to Lease regarding hazardous waste, remediation, excavation, ground water, storage tanks, radioactive materials, oil/water separators, asbestos containing materials, PCBs, permitted uses, access to stoiru sewer lines, and dredging. All environmental protection laws established by OSHA, the California Department of Toxic Substances Control (DTSC) and the Alameda County Department of Environmental Health (DEH) shall be strictly adhered to as a condition of any interim use Detailed information regarding the use or storage of potentially hazardous materials shall be provided to the City of Alameda Fire Department. Responsibility: Planning Director, Alameda County Department of Environmentql Health, Fire Department, and Lessee. Action: 1. Planning Director shall review Use Permit application to determine if proposed use requires approval by the Department of Environmental Health and the U.S. Navy, and if necessary, condition approval of the Use Permit on approval of permit from the DEH. 2. Fire Department and Department of Environmental Health shall review and regulate any use or storage of hazardous materials 3 Fire Department shall be notified of storage of hazardous materials , specific types and amounts, and of any substantial changes in storage types and amounts over the period of the lease. MITIGATION MONITORING PROGRAM 11 INTERIM LEASING PROGRAM/FISC ALAMEDA 4. Prior to approval of occupancy, Lessee shall obtain permit, if necessary, from DEH and conform to all its provisions, as well as requirements of OSHA and DTSC. XIII. Impact: Hazardous Materials (Health Hazards due to Prior Use). The ILP would primarily consist of short -term uses of certain pre - selected existing buildings and facilities within the FISC, but may require limited excavation and soil disturbance. These activities may result in potentially significant health hazards due to exposure of persons to contaminated soil or building conditions within the FISC site Mitigation Measure #13: Worker Protection and Safety Standards. All construction activities shall be required to conform to the Navy's lease restrictions and procedures identified in the FOSL and Baseline Human Health Risk Assessment (BHHRA) for worker protection and safety standards. Planning Director, Public Works Director, Lessee, Construction Contractors. Responsibility: Action: XIV. Impact: 1. City (Planning Director and /or Public Works Director) shall review and regulate all construction, excavation or other soil disturbance and monitor compliance with worker protection and safety standards and the restrictions in the FOSL. 2. Lessee and /or construction contractors to comply with lease restrictions and procedures for worker protection and safety. 3. City shall coordinate leasing of buildings and grounds with the remediation activities of the U.S. Navy to ensure protection of employees and the public. - Noise (Increase Compared to Navy Uses) . All interim lease uses will be required to comply with the City of Alameda Noise Ordinance, which is incorporated into the Alameda Municipal Code (Section 4 -10), and with the policies of the General Plan Health and Safety Element (Noise section). The ILP will enable reuse of the FISC site with uses similar to prior Navy activities, such as warehousing, truck shipments, vehicle and ship maintenance and repair, and other activities which may involve high noise levels. Potential interim use activities would be both in enclosed and unenclosed areas, and may involve increased daytime and nighttime activities compared to prior Navy uses. Although the interim activities may be similar to the Navy uses, the frequency of truck movements and intensity of other activities may increase under MITIGATION MONITORING PROGRAM 12 INTERIM LEASING PROGRAM /FISC ALAMEDA the Interim Lease Program, resulting in potentially significant increases in noise levels. Mitigation Measure #14: Noise Standards. Each interim use Lessee will be required to describe any of its activities which it anticipates would generate high noise levels, their location (indoors and/or outdoors, and relationship to adjacent uses within and adjacent to the FISC site) and any procedures, limitations and other mitigating factors which would reduce average noise levels, such as special machinery adjustments, limitations on hours, interior insulating materials, and other conditions under which it proposes to operate. Interim use activities will be prohibited from generating noise levels which would result in a CNEL of more than 60 dB at the nearest edge of the adjacent occupied U.S. Coast Guard housing area or Miller Elementary School, 65 dB at the Mariner Square commercial area, and 70 dB at any other interim use within the FISC site. Mitigation measures to achieve these standards may include prohibitions on unenclosed and nighttime uses, additional noise insulation of existing buildings, sound walls, or other measures. Responsibility: Lessee, Planning Director. Action: XV. Impact: 1. Interim lessees shall provide information regarding anticipated noise generation levels as part of Use Permit application. 2. Planning Director shall identify need for noise mitigation, such as insulating or baffling noise sources, and require appropriate measures to comply with the City's noise standards as a condition of the Use Permit approval. City to verify compliance with these conditions at the plan check and field check stages. Exposure of People to Severe Noise Levels. The ILP would result in continued industrial, warehousing, shipping and maritime maintenance and other activities similar to prior Navy use of the FISC site. These activities could expose existing residential uses in the Coast Guard housing area west of the FISC site, and the Miller Elementary School to severe noise levels, and may also disturb persons working on the FISC site as part of other interim uses, and persons working or doing business in the Mariner Square area east of the FISC site. Mitigation Measure #15: Noise Mitigations. As a condition of any Use Permit for an interim use, each applicant will be required to describe all of its activities which are anticipated to generate high noise levels, and to mitigate any substantial increases in exposure of people to noise. Noise impacts of interim uses will be evaluated for compliance with the noise standards set forth in the Alameda Municipal Code, and appropriate conditions, MITIGATION MONITORING PROGRAM 13 INTERIM LEASING PROGRAM/FISC ALAMEDA such as providing noise baffling facilities, will be imposed when necessary. Responsibility: Lessee, Planning Director. Action: XVI. Impact: 1. Interim lessees shall provide information regarding anticipated noise generation levels as part of Use Permit application. 2. Planning Director shall identify need for noise mitigation, such as insulating or baffling noise sources, and require appropriate measures to comply with the City's noise standards as a condition of the Use Permit approval. Planning Director shall verify compliance with these conditions at the plan check and field check stages. Fire Protection. An assessment of the water system on the FISC site and the adequacy of water pressure for fire suppression has been completed for the City of Alameda.' The study indicates that the system provides adequate pressure for fire suppression, and identified leaks in the water supply system had been repaired, or will be repaired in the future. The majority of fire hydrants on the site were found to be operational, although it was determined that some hydrants may need to be replaced, repaired or modified to meet Fire Department and Public Works standards. The Fire Department has not conducted any detailed investigations of existing buildings within the FISC for fire safety conditions. Although current building and fire code standards will be enforced to the extent that life safety standards are met, because interim uses would be temporary, total compliance with such standards will not be enforced. However, the impact of inadequate fire protection measures on the FISC site would be potentially significant. Mitigation Measure #16: Fire Standards. As a condition of any interim use, prior to obtaining a Certificate of Occupancy, the Lessee will be required to demonstrate compliance with the requirements of the Alameda Fire Department for smoke detectors and alarms, fire sprinklers, fire extinguishers, exit identification and other fire protection measures. Fire hydrants serving each building shall be inspected for adequacy to provide fire protection to the use. The potential tenants shall coordinate with the Fire Department to ensure that the hydrants are operational prior to building occupancy. Schirmer Engineering Corporation, Fire Flow Evaluation Feasibility Study - FISC Alameda, California, September 28, 1998 MITIGATION MONITORING PROGRAM 14 INTERIM LEASING PROGRAM /FISC ALAMEDA Responsibility: Planning Director, Fire Department, Lessee. Action: XVII. Impact: 1. Planning Director shall condition approval of Use Permit on satisfaction by Fire Department of adequate fire protection measures and fire hydrants to serve the proposed use. 2. Fire Department to review proposed uses at plan check stages and prior to approval of occupancy for compliance with fire codes and standards. Lessee to maintain, and where required, install smoke detectors and alarms, fire sprinklers, fire extinguishers, exit identification and other fire protection measures. Storm Drainage. No changes in the extent of impervious surfaces are anticipated as a result of interim uses on the FISC site, and therefore no increased demand for storm water capacity will result. All interim lease applicants will be required to submit a site plan showing all storm drain facilities and flow patterns on the proposed lease site. Drain systems will be required to meet minimum standards to avoid flooding of storage, waste management (trash), loading and parking areas, as specified by current Uniform Building Code standards. All interim leases will be required to conform to the City of Alameda's Urban Runoff Ordinance, which regulates outdoor storage, waste management, washdown of vehicles and equipment and fueling areas. According to the Public Works Department, the majority of the drainage system on the FISC site is considered adequate, although it may contain some areas with damaged or non - functional pipes, which may need to be repaired ` before interim uses can occupy certain buildings or parcels. The impact of interim uses prior to repair of inadequate drainage pipes is potentially significant. Mitigation Measure #17: Storm Drain System Inspection and Repair. As a condition of each Use Permit for interim uses, the Lessee shall provide for inspection of the storm drainage capacity of the building or parcel to determine if repairs are required. All required repairs shall be to the satisfaction of the Public Works Director. Responsibility: Public Works Director, Lessee and /or Construction Contractor. Action: 1. Public works Director shall review Use Permit plans and assess the storm drainage facilities which will serve the proposed use. 2. Planning Director shall condition occupancy approval on completion of required repairs. MITIGATION MONITORING PROGRAM 15 INTERIM LEASING PROGRAM /FISC ALAMEDA 3. Prior to approval of occupancy, Lessee and/or Construction Contractor to complete improvements to satisfaction of City Engineer. XVIII. Impact: Aesthetic Concerns. No new buildings or other construction is anticipated. However, unenclosed activities and storage of materials by interim uses could be visible from the adjacent U.S. Coast Guard Housing complex,from the College of Alameda playing fields, from the Mariner Square business area (including Mariner Square Loop), and from pleasure craft in the Estuary and public areas of Jack London Square, which may be a potentially significant impact. Mitigation Measure #18: Any interim use which proposes to engage in substantial outdoor activities or unenclosed storage operations will be required to keep the storage area to a minimum, and, where necessary, provide screening from view by adjacent interim uses, or adjacent land uses, such as the U.S. Coast Guard Housing area, or the Mariner Square commercial area. Responsibility: Planning Director, Planning Department, Lessee. Action: 1. Planning director shall review each Use Permit application for proposed outdoor storage or other substantial outdoor activities, and determine if such storage shall be limited or prohibited or, if allowed, where any screening shall be required. 2. Lessee to install and maintain screening to satisfaction of Planning Department. MITIGATION MONITORING PROGRAM 16 INTERIM LEASING PROGRAM/FISC ALAMEDA Responsibility for Monitoring Costs Each lessee shall reimburse the City for the costs of City staff time and any related costs for implementing the Mitigation Monitoring Plan, including but limited to annual traffic monitoring and monitoring for compliance with the Urban Runoff Program. Costs and payment schedule shall be determined by the Public Works Director and Planning Director. An initial fee to cover monitoring costs shall be paid by the lessee prior to issuance of a building permit or approval of occupancy for the interim use If the Planning Board determines that the scope or intensity of City monitoring efforts shall be increased because of a documented need for additional review, the amount of deposit shall be adjusted by the City accordingly. City staff will record the time spent in implementing the Mitigation Monitoring Plan for the Interim Leasing Program for monitoring the interim uses. Upon expiration of the monitoring program, any outstanding balance shall be refunded to the Lessees. In exception to this provision, City staff time devoted to plan check and construction phase inspections that are ordinarily associated with construction projects in the City of Alameda will not be billed to the Lessee under the Mitigation Monitoring Program. Instead, City plan check and building permit fees will be collected in accordance with City policy to address these costs. G: \ specproj \fisc\mmpilp MITIGATION MONITORING PROGRAM 17 INTERIM LEASING PROGRAM/FISC ALAMEDA 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 1st day of December , 1998, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Kerr, Lucas and President Appezzato - 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 2nd day of December , 1998. Dine Felsch, City Clerk City of Alameda