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Resolution 13455CITY OF ALAMEDA RESOLUTION NO. 13 4 5 5 ADOPTING A MITIGATED NEGATIVE DECLARATION, IS- 01 -01, FOR GENERAL PLAN AMENDMENT, GPA -01 -02 WHEREAS, the City is proposing a new roadway, Tinker Avenue, to provide access to the western part of Alameda; and WHEREAS, the City is proposing to add Tinker Avenue as a Major Street from Main Street to Webster Street to Figure 4 -1, Street and Transit System, of the General Plan; and WHEREAS, the proposed roadway is designated along an alignment with Medium Density Residential, Public/Institutional /School and Parks and Public Open Space on the General Plan Land Use Diagram; and WHEREAS, the proposed roadway is located adjacent to MX, Mixed Use Planned Development, M -2 -PD, General Industrial (Manufacturing), R -4, Neighborhood Residential, and 0, Open Space, Zoning Districts; and LL � WHEREAS, the proposed roadway is located within the boundaries of the Alameda Point Improvement Project; and ac (.J) 10 a and WHEREAS, the proposed roadway is consistent with the Redevelopment Land Use Map; v WHEREAS, a proposed Mitigated Negative Declaration and Initial Study was circulated for public comment between June 2, 2001 to July 5, 2001 and written comments were received, as follows: 1) U.S. Coast Guard, June 7, 2001 2) U.S. Army Corps of Engineers, June 20, 2001 3) Peralta Community College District, June 27, 2001 4) California Department of Transportation, July 2, 2001 5) East Bay Municipal Utility District, July 2, 2001 6) State Clearinghouse, July 5, 2001 7) U.S. Coast Guard, August 16, 2001 1 WHEREAS, staff has provided a written response to each letter of comment, attached to the City Council Staff Report which is incorporated here by reference, and found that the comments did not identify new significant impacts associated with this project, did not identify new mitigation measures and the comments did not challenge the adequacy of the proposed mitigation measures; and WHEREAS, the Planning Board held a public hearing on the proposed Mitigated Negative Declaration and Initial Study on August 27, 2001, and heard public testimony, and the testimony at the public hearing did not identify new mitigation measures nor challenge the adequacy of the proposed mitigation measures; and WHEREAS, the Planning Board recommended that the City Council strongly consider that the existing housing on the north side of the Tinker Avenue Extension enjoy the same reduced interior noise level as the other structures in town as provided for in the General Plan; and WHEREAS, the Planning Board encouraged mitigations including, but not limited to, glazing, mechanical ventilation, additional vegetation, and reduced construction hours, soft road surfaces, and as a last resort, sound walls. The Board strongly suggested that many of the mitigations be put in place prior to the opening of Tinker Avenue; and WHEREAS, the Planning Board examined pertinent maps, drawings, and documents, and recommended that the City Council adopt the Mitigated Negative Declaration; and WHEREAS, the City Council held a public hearing on the proposed Mitigated Negative Declaration on May 21, 2002 and examined pertinent maps, drawings, and documents; and WHEREAS, the City Council made the following findings: 1. The project as mitigated does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or 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 pre- history, because the site has existed as part of the U.S. Navy's Fleet Industrial Supply Center, an industrial site, for over fifty years; and there is no identified historic or prehistoric structure or substructure condition which would be disturbed by the proposed project. Areas identified as wetland in the vicinity of Main Street will be subject to mitigation measures to reduce the project - related impacts on such areas to a less than significant level. 2. The project as mitigated does not have impacts that are individually limited, but cumulatively considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects, because the project will incorporate mitigation measures to avoid any significant adverse impacts on the environment in the context of continued growth and development in Alameda. 2 3. The project as mitigated would not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly, because implementation of the mitigation measures identified would reduce project - related effects on those who would be living or attending school in adjacent areas to a level of less than significant. As a major road intended to serve future development, Tinker Avenue has been designed to be compatible with existing and proposed land uses in the surrounding areas; and WHEREAS, the City Council adopts additional language to enhance Mitigation Measure 11, described in Attachment "A; and WHEREAS, the City Council has made findings, described in Attachment "B ", that all significant and potentially significant environmental impacts of the project can be reduced to a level of insignificance; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby adopts Mitigated Negative Declaration, IS- 01 -01, and a Mitigation Monitoring Program described in Attachment "C "; and BE IT FURTHER RESOLVED that the City Council of the City of Alameda hereby adopts the Revision to the Mitigated Negative Declaration, IS- 01 -01, described in Attachment "D ", which does not constitute a "substantial revision" as defined in the California Environmental Quality Act Guidelines Section 15073.5. 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 this decision or any final action on any appeal, plus extensions authorized by California Code of Civil Procedure Section 1094.6. G: \PLANNING \CCIRESO\2001 \6TINKER MND 3 ATTACHMENT A AMENDMENT TO MITIGATION MEASURE 11 MITIGATION MEASURE 11: Traffic Noise Attenuation. The following noise attenuation measures should be required to reduce noise levels at existing or planned adjacent uses: Tinker Avenue Segment - Main Street to Fifth Street • Prior to the roadway's operation, measures which reduce the operational noise of Tinker Avenue should be provided. such as additional vegetation adjacent to Tinker Avenue from the western property line of the U.S, Coast Guard housing complex to the easternmost residence. and the use of soft road surfaces like rubberized asphalt. to meet either the 60- or 65 -dBA standard for usable outdoor space. As a last resort, a noise wall should be provided on the north side of Tinker Avenue from the western property line of the U.S. Coast Guard housing complex to the easternmost residence of that housing development. If necessary, the noise wall should be of a height sufficient to interrupt the noise propagation path (approximately six feet, depending on location of the wall relative to final elevation differences between source and receiver) and to meet either the 60- or 65 -dBA standard for usable outdoor space. • Prior to the roadways operation, glazing which reduces interior noise to 45 dBA (CNEL or Ldn) and supplemental mechanical ventilation should be provided in the upstairs rooms of U.S. Coast Guard residences located adjacent to the proposed Tinker Avenue and with upstairs windows facing the street. Provision of supplemental ventilation would allow for window closure. Of the 30 units located immediately adjacent to the proposed Tinker Avenue alignment, nine of these units have no windows on the southern facade (facing the roadway) and no mitigation would be required in these units. Four units have windows facing Tinker Avenue, but they are located on the first floor only where the recommended noise wall would provide sufficient noise protection. However, there are 17 units with at least one upstairs window facing Tinker Avenue and mechanical ventilation would need to be provided in these units if the affected rooms have no other means of ventilation when the windows are closed. If the affected rooms have windows on other sides (not directly facing Tinker Avenue), mechanical ventilation could consist of a room fan. Otherwise, mechanical ventilation would involve a suitable ventilation system. • Planned residential and school uses with frontage along the proposed Tinker Avenue shall comply with the 60 -dBA (CNEL) City Land Use Compatibility Standard for residential and school uses. If they would be exposed to higher noise levels (due to smaller setbacks), noise attenuation measures will need to be incorporated into their design to ensure that City standards are met. Tinker Avenue Segment - Fifth to Mariner Square Loop • Planned office/R &D uses with frontage along the proposed Tinker Avenue should be set back sufficiently to meet the 65 -dBA (CNEL) City Land Use Compatibility Standard for office and commercial uses. If they would be exposed to higher noise levels (due to smaller setbacks), noise attenuation measures will need to be incorporated into their design to ensure that City standards are met. G :\PLANNING \ENVIRREV\IS \TNKRMM 1 l . WPD ATTACHMENT B FINDINGS DEMONSTRATING THAT ALL SIGNIFICANT IMPACTS 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 less than significant impacts for which mitigation is recommended. 1. Aesthetics The portion of the Tinker Avenue alignment that borders the College of Alameda athletic fields is lined by mature ornamental pine and eucalyptus trees. Current roadway improvement plans call for these trees to be removed, which would have a significant adverse impact on the visual character of the area. Finding. The City Council hereby makes the following finding: 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 Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. Mitigation Measure 1: Along the College of Alameda boundary, 24- gallon trees of a type similar to those to be removed may be planted as replacements on College property instead of within the roadway alignment. The landscaping plan will be designed to reduce the impact associated with the removal of the existing trees along the Tinker Avenue alignment to a less than significant level. The implementation of this Mitigation Measure would reduce the impact from construction of the project to a less than significant level. 2. Aesthetics Construction of the proposed roadway would include the installation of street lighting, which could generate light and glare visible from the existing USCG housing area and from future residential units which are anticipated under the approved Catellus Project. This is viewed as a significant impact associated with the Tinker Avenue Extension Project. Finding. The City Council hereby makes the followings finding: 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 Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. 1 Mitigation Measure 2: The City of Alameda, in the conditions of approval of the Development Plan, shall require shielding, design revisions or other measures to reduce adverse lighting impacts to the extent feasible. The implementation of this Mitigation Measure would reduce the impact from construction of the project to a less than significant level. 3. Air Quality Failure to implement appropriate dust control measures would be a potentially significant impact, and would be inconsistent with the current Bay Area Clean Air Plan. Finding. The City Council hereby makes the following finding: 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 Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. Mitigation Measure 3: Water all active construction areas at least twice daily Cover all trucks hauling soil, sand, debris and other loose materials, or require all trucks to provide at least two feet of freeboard (space below its undercarriage) Pave, apply water three times daily, or apply appropriate, non -toxic soil stabilizers on all unpaved areas, parking areas and staging areas Use water sweepers daily if visible soil material appears on adjacent streets Hydro seed or apply. (non- toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more) Enclose, cover, water twice daily, or apply (non- toxic) soil binders to exposed stockpiles (dirt, sand, etc.) Limit traffic speeds on unpaved roads to 15 miles per hour Install sandbags or other erosion control measures to prevent silt runoff to public roadways Replant vegetation in disturbed areas as quickly as possible Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the construction site Install wind breaks, or plant trees /vegetative wind 2 breaks at windward side(s) of construction areas Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour The implementation of this Mitigation Measure would reduce the impact from construction of the project to a less than significant level. 4. Biological Resources The loss of possible nests in active use would be a potentially significant impact. Finding. The City Council hereby makes the following finding: 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 Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. Mitigation Measure 4: The Tinker Avenue alignment and adjacent areas should be surveyed for nests by a qualified biologist 60 days prior to construction. If nesting raptors are observed, these locations should be avoided, and no construction completed within 100 feet of these locations until the nesting cycle is complete. Alternatively, the City of Alameda may develop a mitigation program with the approval of the CDFG. The implementation of this Mitigation Measure would reduce the impact from construction of the project to a less than significant level. 5. Biological Resources The two small ditch segments within the Tinker Avenue alignment and the tip of the new wetland being developed as part of the Main Street Improvement Project total less than 500 square feet. Most wetland impacts are considered significant under the Resource Agency CEQA guidelines. In addition, Regional Water Quality Control Board and California Department of Fish and Game staff perceive most wetland loss to be significant. Finding. The City Council hereby makes the following finding: 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 Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. 3 Mitigation Measure 5: A mitigation program consistent with the Main Street Improvement Project (that is, the provision of adjacent wetlands) would be the most appropriate approach toward mitigating the project- related fill of approximately 500 square feet of wetlands identified within the Tinker Avenue alignment. The implementation of this Mitigation Measure would reduce the impact from construction of the project to a less than significant level. 6. Geology and Soils The proposed roadway improvements would result in exposure of people to potentially significant strong seismic ground shaking, due to subsurface soil and geological conditions beneath the Tinker Avenue alignment. Finding. The City Council hereby makes the following finding: 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 Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. Mitigation Measure 6: The Tinker Avenue alignment shall be cleared prior to construction, including the removal of existing asphalt, rubble debris, vegetation and any loose, wet or otherwise unstable soils. Any oversized material exceeding six inches encountered during excavation which can not be crushed for use as road base shall not be utilized in the fill, but shall be properly disposed of off -site. Project specifications shall include appropriate design and construction methods to assure stable subgrade. Extra drying and compactive effort may be required to achieve stable subgrade. Additionally, overexcavation of the subsoil or the use of a stabilization fabric or geotextile layer may be required in order to filter moisture away from the pavement structural section as much as possible. Other measures used to compensate for expansive soils include lime treatment of the upper 12 to 18 inches of wet, clayey soils. The appropriate treatment shall be evaluated during the design phase of the Project by the geotechnical consultant. 4 The implementation of this Mitigation Measure would reduce the impact from construction of the project to a less than significant level. 7. Hazards and Hazardous Materials In the course of ground clearance and construction, the Tinker Avenue Extension Project will involve potential contact between construction workers and residual hazardous materials, which would be a potentially significant impact, if effective safety precautions are not followed. Substantial emissions of windblown dust or sediment -laden stormwater runoff from the soils within the Tinker Avenue alignment would also be a potentially significant impact on the environment in the absence of commonly accepted and available means of avoiding such releases into the environment. Finding. The City Council hereby makes the following finding: 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 Finding. The following mitigation measure indicate that the identified impact will be reduced to a level of insignificance. Mitigation Measure 7: All construction activity associated with the Tinker Avenue Extension Project will be required to comply with the provisions of the Site Management Plan (SMP) developed for the Catellus project. The SMP will require Risk Communication, implementation of site - specific Health and Safety Plans (HSP), and Health and Safety Training and Certification. Measures which may be identified in a site - specific HSP for preventing worker exposure to hazardous materials include use of personal protective equipment (disposable coveralls, nitrile rubber gloves, rubber boots and [as needed], face and eye protection, collective referred to as PPE), personal decontamination, establishment of work zones, and documented daily tailgate safety meetings. The implementation of this Mitigation Measure would reduce the impact from construction of the project to a less than significant level. 8. Hazards and Hazardous Materials Installation of utilities and the construction of roadway improvements could expose construction workers to contaminated groundwater, posing a potentially significant impact. Finding. The City Council hereby makes the following finding: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen 5 the significant environmental effect as identified in the Mitigated Negative Declaration/Initial Study. Facts in Support of Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. Mitigation Measure 8: Disposal of groundwater should be performed in accordance with the guidelines of the RWQCB. Since encountering contaminated soil and groundwater within the proposed construction area is likely, contract specifications should include a line item for treatment, loading, transportation and disposal of contaminated soil and groundwater generated during the construction of the roadway improvements. The implementation of this Mitigation Measure would reduce the impact from construction of the project to a less than significant level. 9. Hydrology and Water Quality During construction, there is a potential for runoff of exposed soil during rainstorms, which would have a potentially significant impact on water quality and could violate water quality standards. Finding. The City Council hereby makes the following finding: 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 Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. Mitigation Measure 9: Dust Control. Measures could include water spraying or application of dust suppressants, and gravel covering of high - traffic areas (see Mitigation 3). Temporary storage of excavated soil material. Fill and other materials excavated during utility trenching, surface clearing and preparation should be stockpiled and appropriately covered to prevent runoff or discharge of affected soil, water or dust. Depending on weather conditions, containment structures or devices may be required. Guidelines for re -use of excavated fill materials. Re -used materials should be fully covered with paving or landscaping. Where re -used fill materials are covered with landscaping, a one -foot minimum 6 thick layer of clean imported fill shall be provided, and all existing fill material shall be covered in a manner to prevent human exposure from casual contact with landscaping or other surfaces. Off -site site disposal of excavated materials. In the event that off -site disposal of excavated fill materials is required due to geotechnical or other construction considerations, the material should be tested to determine appropriate means of disposal. Surface water runoff controls. Runoff to the storm drain system shall meet water quality criteria set by the SFRWQCB. If water discharged to the storm drain system could exceed 3 mg/liter, a NPDES permit could be required, or a NPDES waiver, if greater than 0.5 mg/liter. Water from saw cutting activities shall be vacuumed and disposed of appropriately. Dewatering. Groundwater generated from dewatering activities should be handled in the same manner as other site runoff. Equipment Decontamination. Trucks and large equipment should be washed down before leaving the construction site to avoid inadvertent, cumulative off -site transport of affected soil. Wash -down water should be handled in the same manner as other site runoff. The implementation of this Mitigation Measure would reduce the impact from construction of the project to a less than significant level. 10. Noise The project's construction - related noise impacts would be a temporary significant impact. Finding. The City Council hereby makes the following finding: 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 Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. Mitigation Measure 10: Construction will comply with Alameda Noise Ordinance hourly limits, which prohibits construction 7 during nighttime hours. Construction activities should be prohibited on weekends along road segments located adjacent to U.S. Coast Guard residences. Equipment and trucks used for Project construction should utilize the best available noise control techniques (improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures and acoustically- attenuating shields or shrouds) in order to minimize construction noise impacts. Construction equipment should not generate noise levels above 75 to 80 dBA at 50 feet. Equipment used for Project construction should be hydraulically or electrical powered impact tools (jack hammers, pavement breakers, and rock drills) wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools. However, where use of pneumatically powered tools is unavoidable, an exhaust muffler on the compressed air exhaust should be used; this muffler could lower noise levels from the exhaust by up to about 10 dBA. External jackets on the tools themselves should be used where feasible, and this could achieve a reduction of 5 dBA. Quieter procedures should be used such as drilling rather than impact equipment whenever feasible. Stationary noise sources should be located as far from existing sensitive receptors as possible, particularly U.S. Coast Guard residences. If they must be located near existing receptors, they should be adequately muffled and enclosed within temporary sheds. The implementation of this Mitigation Measure would reduce the impact from construction of the project to a less than significant level. 11. Noise Implementation of the proposed Tinker Avenue Extension Project would result in a significant impact on existing residences in the U.S. Coast Guard housing development. The Project's impact on usable outdoor space at U.S. Coast Guard residences would be a potentially significant impact. Finding. The City Council hereby makes the following finding: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen 8 the significant environmental effect as identified in the Mitigated Negative Declaration/Initial Study. Facts in Support of Finding. The following mitigation measure indicate that the identified impact will be reduced to a level of insignificance. Mitigation Measure 11: Prior to the roadway's operation, measures which reduce the operational noise of Tinker Avenue should be provided, such as additional vegetation adjacent to Tinker Avenue from the western property line of the U.S. Coast Guard housing complex to the easternmost residence, and the use of soft road surfaces like rubberized asphalt, to meet either the 60- or 65 -dBA standard for usable outdoor space. As a last resort, a noise wall should be provided on the north side of Tinker Avenue from the western property line of the U.S. Coast Guard housing complex to the easternmost residence of that housing development. If necessary, the noise wall should be of a height sufficient to interrupt the noise propagation path (approximately six feet, depending on location of the wall relative to final elevation differences between source and receiver) and to meet either the 60- or 65 -dBA standard for usable outdoor space. Prior to the roadway's operation, glazing which reduces interior noise to 45 dBA (CNEL or Ldn) and supplemental mechanical ventilation should be provided in the upstairs rooms of U.S. Coast Guard residences located adjacent to the proposed Tinker Avenue and with upstairs windows facing the street. Planned residential and school uses with frontage along the proposed Tinker Avenue shall comply with the 60 -dBA (CNEL) City Land Use Compatibility Standard for residential and school uses. If they would be exposed to higher noise levels (due to smaller setbacks), noise attenuation measures will need to be incorporated into their design to ensure that City standards are met. Planned office/R &D uses with frontage along the proposed Tinker Avenue should be set back sufficiently to meet the 65 -dBA (CNEL) City Land Use Compatibility Standard for office and commercial uses. If they would be exposed to higher noise levels (due to smaller setbacks), noise attenuation measures will need to be incorporated into their design to ensure that City standards are met. The implementation of this Mitigation Measure would reduce the impact from construction of the project to a less than significant level. G:\ PLANNING \ENVIRREV\CORRES \TNKRFNDG. WPD 10