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Resolution 13583CITY OF ALAMEDA RESOLUTION NO. 13583 ADOPTING OF A MITIGATED NEGATIVE DECLARATION, IS -02 -0002, FOR THE 2001 -2006 HOUSING ELEMENT OF THE GENERAL PLAN OF THE CITY OF ALAMEDA WHEREAS, a proposed Initial Study/Mitigated Negative Declaration with respect to the 2001 -2006 Housing Element of the General Plan of the City of Alameda ( "the Initial Study/Mitigated Negative Declaration ") was circulated for public comment between August 9, 2002 to September 12, 2002 in the manner required by law; and WHEREAS, non - substantive comments were received by the Congestion Management Agency and the Governor's Office of Planning and Research; and WHEREAS, Planning and Building staff has provided a written response to each letter of comment in the 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 this Initial Study/Mitigated Negative Declaration on October 14, 2002, and examined pertinent maps, drawings, and documents, and all public comments received on the Initial Study/Mitigated Negative Declaration and recommended adoption; and WHEREAS, the City Council reviewed the Housing Element and remanded it to the Planning Board for further consideration to address policy suggestions received from the State Department of Housing and Community Development (HCD); and WHEREAS, the Planning Board further considered the Housing Element on March 10, 2003 and again recommended adoption with amendments to add a few additional programs recommended by HCD; and WHEREAS, the City Council has made the following findings: The amended 2001 -2006 Housing Element of the General Plan of the City of Alameda as recommended by the Planning Board of the City (" the project ") does not have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plants or animals or eliminate important examples of California history because: All efforts to implement the housing element policies and programs shall be consistent with all State and federal regulations and the policies and programs contained in the City's other General Plan elements, including the Land Use Element, City Design Element, Transportation Element, Open Space and Conservation Element, Parks and Recreation, Shoreline, Schools, and Cultural Facilities Element, and Health and Safety Element all of which include policies to protect the quality of the environment, including natural habitat and historical and cultural resources. • All future actions to implement new housing element programs or construct residential development will be subject to a discretionary review process and a site- specific environmental review, which will provide the City the opportunity to evaluate whether a proposed project is in a location that would adversely affect the environment. At that time the City may decide to approve, modify or reject the project or program as proposed. As a matter of law, adoption of the Housing Element cannot, and does not, predetermine in any way that future decision. 2. The proposed project as mitigated by the measures stated in the Initial Study/Mitigation Negative Declaration ( "the proposed project as mitigated ") does not have the potential to the potential to achieve short-term, to the disadvantage of long- teini, environmental goals because the Housing Element is a long -term document that envisions long -term policies and programs to achieve a long -term goal of providing an adequate supply of housing at appropriate locations within the existing urban fabric of the City. 3. The proposed project as mitigated does not have impacts that are individually limited, but cumulatively considerable. ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects.) Adoption of the Housing Element will help to reduce future housing shortages, improve the City's jobs /housing balance, and reduce commute traffic over the long term. 4. The proposed project as mitigated does not have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly. 5. The additional programs recommended by the Planning Board on March 10, 2003 are clarifications of other, previously stated policies, and do not create new significant impacts nor require any additional mitigation. 6. The proposed additional programs do not constitute a "substantial revision" as defined in the California Environmental Quality Act Guidelines Section 15073.5. 7. The City Council has independently reviewed and analyzed the Initial Study. Mitigated Negative Declaration, the public comments upon it, and any and all other evidence before the City Council and finds and deteiiiiines that there is no substantial evidence that the adoption of the Housing Element may have a significant effect on the environment. WHEREAS, the City Council has 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; and 2 WHEREAS, the City Council finds that the proposed additional programs recommended by the Planning Board on March 10, 2003 do not constitute a "substantial revision" as defined in the California Environmental Quality Act Guidelines Section 15073.5. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council adopt Mitigated Negative Declaration, IS -02 -0002, with findings that all significant and potentially significant environmental impacts of the project can be reduced to a level of insignificance through the Mitigation Monitoring Program described in Attachment "B ". 3 ATTACHMENT A 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 implementation of the Housing Element could impact existing views, create undesirable aesthetic conditions or light or glare, and have a significant adverse impact on the visual character of Alameda. Finding. The Planning Board/City Council hereby makes the following finding: Changes or alterations have been required in, or incorporated into the document 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 impacts will be reduced to a level of insignificance. Mitigation Measure Aesthetics -1: Amend Policy a. v. of the Housing Element as follows: Maintain the integrity of existing residential neighborhoods by protecting and enhancing the historic architecture and ensuring that new development respects the density, -mil physical, and aesthetic character of the neighborhood and surrounding areas. Mitigation Measure Aesthetics -2: Amend Policy a.v.1 as follows: Ensure that new neighborhoods seamlessly integrate with older residential neighborhoods by designing new housing developments that complement the historic, architectural, . aesthetic, and physical qualities of existing neighborhoods. Mitigation Measure Aesthetics -3: All future residential develolitnent shall be reviewed to ensure consistency with all regional plans, the Alameda General Plan, and all applicable City ordinances. Mitigation Measure Aesthetics -4: All proposals, both private and public, to develop new residential units shall be subject to design and a site - specific environmental analysis. The implementation of these policies and Mitigation Measures would reduce the identified impacts to a less than significant level. Air Quality. The implementation of the 'Housing Element could impact the City's consistency with Federal, State, and local air quality standards or expose sensitive receptors to air impacts. Finding. The Planning Board/City Council hereby makes the following finding: Changes or alterations have been required in, or incorporated into the document 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 measures indicate that the identified impacts will be reduced to a level of insignificance. Mitigation Measure Air -1: All future residential development shall be reviewed to ensure consistency with all State, Federal, and local air quality standards, the Alameda General Plan, and all applicable City ordinances. Mitigation Measure Air -2: All proposals, both private and public, to develop new residential units shall be subject to a project- specific environmental analysis. The implementation of these Mitigation Measures would reduce the identified impacts to a less than significant level: 3. Biological Resources. The implementation of the Housing Element could impact endangered,. threatened or rare species or their habitats; locally designated species or habitat communities, wetlands, or wildlife migration corridors and would be a potentially significant impact. Finding. The Planning Board/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 measures indicate that the identified impacts will be reduced to a level of insignificance. Mitigation. Measure.Bio -1: All future residential development shall be reviewed to ensure consistency with all State, Federal, and local biological regulations, the Alameda General Plan, and all applicable City ordinances. Mitigation Measure Bio -2: All proposals, both private and public, to develop new residential units shall be subject to a project - specific environmental analysis. 2 The implementation of these Mitigation Measures would reduce the identified impacts to a less than significant level. 4. Cultural Resources. The implementation of the Housing Element could impact paleontological or archeological resources or affect historic resources and have a significant adverse impact on the cultural resources of Alameda. Finding. The Planning Board/City Council hereby makes the following finding: Changes or alterations have been required in, or incorporated into the document 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 impacts will be reduced to a level of insignificance. easures ndicate that the identified Mitigation Measure Cultural -1: All future residential development shall be reviewed to ensure consistency with all State, Federal, and local cultural and historic preservation regulations, the Alameda General Plan, and all applicable City ordinances. Mitigation Measure Cultural -2: All proposals, both private and public, to develop new residential units shall be subject to a project- specific environmental analysis.; Mitigation Measure Cultural -3: Pursuant Section 10564:5(c) -(f) of the CEQA Guidelines and Public Resources Code Section 21083.2, if any cultural archeological or paleontological resources are encountered during site grading or other construction activities, all ground disturbance shall be halted until the services of a qualified': archeologist can be retained, to identify and evaluate the resource(s) and, if necessary, recommend mitigation measures to document and prevent any significant adverse effects on the resource(s). The implementation of these Mitigation Measures would reduce the identified impacts to a less than significant level. 5. Hazards and Hazardous Materials. The implementation of the Housing Element could result in hazardous material exposure, release of hazardous substances, create a potential health hazard or interfere with emergency plans. These would be considered potentially significant impacts on the environment. Finding. The Planning Board/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 measures indicate that the identified impacts would be reduced to a level of insignificance. Mitigation Measure Haz -1: All future residential development shall be reviewed to ensure consistency with all State, Federal, and local safety regulations, the Alameda General Plan, and all applicable City ordinances. Mitigation Measure Haz -2: All proposals, both private and public, to develop new residential units shall be subject to a project- specific environmental analysis. Mitigation Measure Haz -3: Prior to construction of any residential development, the property shall be cleaned to the applicable standard. The implementation of these Mitigation Measures would reduce the identified impacts to a less than significant level. 6. Hydrology and Water Quality. The implementation of Housing Element could change absorption rates, drainage patterns, or the rate and amount of surface runoff, expose persons or property to flooding, discharge into surface water or change the amount of surface water, change currents or water flow movements, change the quality, quantity or flow of groundwater and could have and have a significant adverse impact on the visual character of Alameda. Finding. The Planning Board/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 measures indicate that the identified impacts will be reduced to a level of insignificance. Mitigation Measure Water -l: All future residential development shall be reviewed to ensure consistency with all State, Federal, and local flooding, water quality, and hydrology regulations, the Alameda General Plan, and all applicable City ordinances. Mitigation Measure Water -2: All proposals, both private and public, to develop new residential units shall be subject to a project- specific environmental analysis. Mitigation Measure Water -3: To ensure that water erosion impacts and attendant siltation problems are reduced to a level of insignificance during construction, all grading, trenching, backfilling and compaction operations for all residential projects shall be reviewed by the Public Works Director. A registered Civil Engineer shall be required to design the grading 4 and foundation plans for each project to the satisfaction of the Chief Building Official. Individual applications for development would be subject to site- specific design review and environmental evaluation and appropriate soil erosion conditions and mitigations shall be imposed. Mitigation Measure Water -4: All developments, both private and public, shall incorporate stormwater treatment controls during construction and permanent stormwater treatment controls to manage the quality and quantity of stormwater runoff, to the satisfaction of the Public Works Director. The implementation of these Mitigation Measures would reduce the identified impacts to a less than significant level. 7. Land Use. The implementation of the Housing Element could create zoning and General Plan inconsistencies that could be considered a potentially significant impact. Finding. The Planning Board /City Council hereby makes the following finding: The following Mitigation Measures implementing rezoning programs would avoid or substantially lessen the significant environmental effect as identified in the Mitigated Negative Declarationflnitial Study. Facts in Support of Finding. The following mitigation measures indicate that the identified impact will be reduced to a level of insignificance. Mitigation Measure LU -1: The City shall pursue redesignation of the properties at Alameda Point to facilitate residential development. Mitigation Measure LU -2:. The City shall pursue conformance re- zoning for any properties not currently zoned for residential use that are designated in the General Plan for residential development. The implementation of these Mitigation Measures would reduce the identified impact to a less than significant level. Noise. The implementation of the Housing Element could increase in existing noise levels or expose persons to severe noise levels and could create a potentially significant impact. Finding. The Planning Board/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. 5 Facts in Support of Finding. The following mitigation measure indicates that the identified impacts will be reduced to a level of insignificance. Mitigation Measure Noise -1: All future residential development shall be reviewed to ensure consistency with all State, Federal, and local safety regulations, the Alameda General Plan, and all applicable City ordinances. The implementation of this Mitigation Measure would reduce the impact from the Housing Element to a less than significant level. 9. Recreation and Parks. The implementation of the Housing Element could increase the demand for recreational facilities and affect existing recreational opportunities and could create apotentially significant impact. Finding. The Planning Board/City Council hereby makes the following finding: Changes or alterations have been required in, or incorporated into the Housing Element 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 impacts will be reduced to a level of insignificance. Mitigation Measure Rec -l: All future residential development shall be reviewed to ensure consistency with the Alameda General Plan, all applicable City ordinances, and the community's open space and recreational needs. The implementation of this Mitigation Measure would reduce the identified to a less than significant level. 10. Traffic. The implementation of the Housing Element would increase vehicle trips and traffic congestion and could create a potentially significant impact.. Finding. The Planning Board/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 Declarationflnitial Study. Facts in Support of Finding. The following mitigation measures indicate that the identified impacts will be reduced to a level of insignificance. Mitigation Measure Transportation -1: The City shall continue to work the Alameda Congestion Management Agency, the City of Oakland, Caltrans, AC Transit and other agencies to monitor, plan, and fund regional transportation improvements. 6 Mitigation Measure Transportation -2: The City will continue to monitor traffic capacity in the Webster and Posey Tubes and require new development in the west end to implement trip reduction strategies in compliance with the TCMP Ordinance. Mitigation Measure Transportion -3: All future residential development shall be reviewed to ensure consistency with all regional and local transportation plans and policies, the Alameda General Plan, and all applicable City ordinances. Mitigation Measure Transportation -4: All proposals, both private and public, to develop new residential units shall be subject to a project-specific environmental analysis.` The implementation of these Mitigation Measures would reduce the identified impacts to a less than significant level. 11. Utilities. The implementation of the Housing Element impact regiona distribution facilities and create a potentially significant impact. Finding. The Planning Board/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 measures indicate that the identified impacts will be reduced to a level of insignificance. Mitigation Measure U -1: All future residential development shall be reviewed to ensure consistency with all regional and local utility plans and policies, the Alameda General Plan, and all applicable City ordinances. Mitigation Measure U -2: All proposals, both', private and public, to develop new units shall be subject to a project- specific environmental analysis. Mitigation Measure U -3: All new residential projects shall be subject the City's Development Impact Fees, which include a sewer hook up fees, water connection fees, and a public facilities fee. The implementation of these Mitigation Measures would reduce the identified impacts to a less than significant level. residential G:I PLANNINGIENVIRREV\CORRES1Housing Element environmental fmdings.doc 4— 0 a) 6) a) b vc o ,0 O 0 w • CCS c 0o u • -o o cct o atd . u O cd 0 b a 'N U Project review . 0 0 > E 0 U o 0 o es ,O .8 8 g r-g g o vs b "8 .-yu A. 4� y 0 8 Project revie 0 2 74 0 b .0 o g la li a U t pO W Sw U '00 8x15 I.n eki 0 0 b0 A a•� o Fl 4) Q 0 0 E oa vO C ea _ •C OA '01 O 61 cki > 0 bA o U y la 0 0 a-+ 0 0 (4 0 0 . U• bA 0,0 0 „E .0o •3 ti •0 •; .0 4) 0 03 o 0� ai U .� fib. o o 0 0 O 0 0 0.0 0 0 a' � Ou to. C1, bq„ 0 0 : a • 0 b oo Q .0 � cGC � a U„ 4) a w 0 m bA U 0 �.8 4 o v r • . cq 0.8 0 0b 2 o b1 � v2. E w 8 b 0 0 0 LLO •^+ g 8 0 t Ag w'o • r¢ g o g 0 0 o 70 rig e 2 as. �,0•. O 0 b. p 2 �U .0 tg as .8 42 " .a b 0 0 1.. 0 0 U E 0 0 0 (coo 0 0 V 04 O CI, 00 g 0 R 0 0 ° -- ti e 8 8 ° .S t ta 0 E ) ON v E 0• 0n 0 o 'ti b0 o VI Q N .�J v 0 u o b 8' w N 0 A U`� co 17'4 u 0 t 0 \°4 {J�1�i�I� \1(s y11t: 17r41aA• IFt�i i wi19ugy,4..o 1 1 t44,4 � ''14gi 1 daft t11 14dt Jt1P S'�!l� � !Ji `+L.,, "�""^c i:in t tan c t d • ; y r t� a...nK�., i,,..�'ai' {; ma.a,« uw..;.K .. „ .<, The City shall continue to work the Alameda Congestion City Ongoing City Planning & Building and Public Works Staff Management Agency, the City of Oakland, Caltrans, AC Transit shall meet on a regular basis on transportation and other agencies to monitor, plan, and fund regional issues. • • : tion im • rovements. The City will continue to monitor traffic capacity in the Webster Ongoing City Public Works Staff shall report their TCMP and Posey Tubes and require new development in the west end to findings on an annual basis. implement trip reduction strategies in compliance with the TCMP Ordinance. All future residential development shall be reviewed to ensure Project Review City Planning & Building Staff to provide review of consistency with all regional and local transportation plans and all residential development applications. policies, the Alameda General Plan, and all applicable City ordinances. All proposals, both private and public, to develop new residential Project Review City Planning & Building Staff to provide review of units shall be subject to a project- specific environmental analysis. all residential development applications. .. . l..,k..'v..,twa...., � ", ?' �.. '� �. uw...,7.i, .. . a» «u. 17+, »... All future residential development shall be reviewed to ensure City Project Review City Planning Staff shall review plans for new office consistency with all regional and local utility plans and policies, and R &D buildings for the inclusion of necessary the Alameda General Plan, and all applicable City ordinances. design measures prior to approval of Development Plans. All proposals, both private and public, to develop new residential Project Review City Planning &Building Staff to provide review of units shall be subject to a project- specific environmental analysis. all residential development applications. All new residential projects shall be subject the City's Project Review City Planning & Building Staff shall continue to Development Impact Fees, which include a sewer hook up fees, i collect applicable fees for all residential water connection fees, and a public facilities fee. development projects. 8 Erz 0 5 5 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 a regular meeting assembled on the 6t1 day of May, 2003, by the following vote to wit: AYES: NOES: ABSENT: Councilmembers Daysog, Matarrese, and Mayor Councilmembers DeWitt and Kerr - 2. None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the 7th day of May, 2003. ohnson official seal of said City this Lara Weisiger, City Clerk City of Alameda