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Resolution 15204CITY OF ALAMEDA RESOLUTION NO. 15204 APPROVING NEGATIVE DECLARATION AND TENTATIVE MAP #8337 FOR A 99 LOT SUBDIVISION LOCATED ALONG THE OAKLAND INNER HARBOR TIDAL CANAL FROM APPROXIMATELY 1,800 FEET NORTHWEST OF THE PARK STREET BRIDGE TO APPROXIMATELY 2,300 FEET SOUTH OF HIGH STREET WHEREAS, the U.S. Army Corps of Engineers (the "Army Corps") excavated, dredged, and created the Oakland Inner Harbor Tidal Canal (the "Tidal Canal") between 1882-1905, which is a waterway approximately 1.8 miles long and 400 feet wide and connects the Oakland Estuary with the San Leandro Bay from approximately 1,800 feet northwest of the Park Street Bridge to approximately 2,300 feet south of High Street Bridge. The Army Corps has retained fee title ownership of the Tidal Canal since its creation. The southern edge of the Alameda side of the Tidal Canal now includes uplands and bulkheads that have been utilized to varying degrees by adjacent private property owners; and WHEREAS, in 1990, the U.S. Congress authorized the Army Corps to transfer the Tidal Canal at no cost to the cities of Alameda and Oakland through the Water Resources Development Act ("WRDA") of 1990, as amended by WRDA 1996, 2007, and 2014; and WHEREAS, starting in 2000, the Army Corps instituted a moratorium on issuing regulatory permits or real estate licenses for any repairs, upgrades, improvements or new construction along the Tidal Canal, with the exception of emergency repairs, (the "Permitting Moratorium") to encourage the City of Alameda (the "City") to accept the Alameda side of the Tidal Canal. The Permitting Moratorium has prevented repairs and improvements to existing structures along the waterfront, which has negatively affected adjacent property owners and has limited the City's ability to enforce code requirements along the Tidal Canal; and WHEREAS, the Army Corps has agreed to take all reasonable steps necessary to effectuate the transfer, including filing a tentative map application under the Subdivision Map Act (CA Gov. Code §§66410-66413.5) to divide the Tidal Canal into approximately 99 individual parcels to facilitate the transfer to the City and the immediate subsequent sale of portions of the Alameda side of the Tidal Canal to private purchasers. The Army Corps also has agreed to lift the Permitting Moratorium on the Alameda side of the Tidal Canal once the property is transferred out of federal ownership; and WHEREAS, an application was made on June 1, 2016, by City staff on behalf of the Army Corps requesting approval to subdivide 99 lots out of the approximately 85-acre Tidal Canal; and WHEREAS, out of the 99 lots, the Army Corps desires to transfer Parcels 2 and 4 through 96 to the City (the "Subject Property") and to reserve and retain ownership of Unsurveyed Remainder (Area 1) (Oakland side of the Tidal Canal), 3 (property adjacent to the federally -owned Navy Operational Support Center), and 97 through 99 (footings for the High Street Bridge, the Miller- Sweeney Bridge and the Fruitvale Rail Bridge and the Park Street Bridge) as depicted in the Tentative Map included as Exhibit A; and WHEREAS, on June 1, 2016, the City published a Draft Initial Study /Negative Declaration ( "IS /ND ") for the OIHTC Project in accordance with the California Environmental Quality Act ( "CEQA "), which addresses all potential environmental impacts associated with the proposed transfer and subsequent transfers into private ownership; amendments to the E, Estuary District; and the proposed subdivision map application. The Negative Declaration is provided as Exhibit B; and WHEREAS, the Planning Board held a public hearing on this application on July 11, 2016 and unanimously recommended that the City Council approve the Tentative Map. NOW THEREFORE BE IT RESOLVED that the City of Alameda City Council hereby makes the following findings concerning the Negative Declaration: 1. A Draft Negative Declaration for the OIHTC Project has been prepared and circulated for public review in accordance with the California Environmental Quality Act (CEQA). 2. The Draft Negative Declaration addresses all potential environmental impacts associated with the proposed zoning amendment, tentative map approval and proposed transfer and subsequent transfers into private ownership. 3. The City Council has reviewed the Draft Negative Declaration and finds that the proposed project will not result in any significant impacts on the physical environment. NOW THEREFORE BE IT FURTHER RESOLVED that the City Council of the City of Alameda hereby makes the following findings concerning the proposed subdivision map: 1. The proposed subdivision is in conformance with the General Plan and Zoning for this site. The proposed subdivision does not include any proposed construction or development. Future uses of the Subject Property would be consistent with the designated uses identified in the E, Estuary District and would be restricted to water - dependent uses, subject to future discretionary review and approval by the City. 2. Subdividing the property will facilitate subsequent transfer allowing proper City code enforcement. The property is being subdivided into 99 parcels to facilitate future sales to private purchasers to clear title issues and to allow City code enforcement, which is currently prevented under the Permitting Moratorium. 3. There will be no development of the site. The proposed project does not involve any construction or development. Any future improvements proposed by the subsequent owners of the property will require a future discretionary approval from the City and will be subject to separate CEQA review. 4. The proposed subdivision will not cause environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project does not involve any ground disturbance and will not cause any potentially significant environmental impacts as confirmed in the IS /ND, published by the City on June 1, 2016. The public comment period for the IS /ND closed on June 30, 2016, and there were no public comments challenging the conclusions reached in the IS /ND. 5. The proposed subdivision will not conflict with easements acquired by the public at large for access through or use of property within the subdivisions. All existing public access easements are to be retained. 6. The design of the subdivision will not cause serious public health problems. The project does not involve any ground disturbance and will not cause any potentially significant environmental impacts as confirmed in the IS /ND. NOW THEREFORE BE IT FURTHER RESOLVED that the City of Alameda City Council hereby adopts the Negative Declaration and approves Tentative Map #8337 which would establish 99 lots subject to compliance with the following condition: 1. The Final Map shall show all existing and proposed easement locations, uses and recording information. The Owner's Statement shall list all easements to be dedicated and the Certificate of City Clerk shall list all public easements to be abandoned, if any, with recording information as part of the Final Map. 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 plus extensions authorized by California Code of Civil Procedure Section 1094.6. NOTICE: The time limit within which to commence any lawsuit or legal challenge to any quasi - adjudicative decision made by the City of Alameda is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi- adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90 -day period, will be barred. Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing. If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Alameda, at or prior to the meeting. 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Oakland Inner Harbor Tidal Canal Transfer INITIAL STUDY & ■ ■ ; r Douglas Herring & Associates Environmental, Policy, can Planning Services Initial Study/ N - Declaration Summary|oformaGou— ................ —.......................... ....... .................... ............... ....... l Description of the Project ................ .................... ... .... ................................ ................ 2 Site Description and Surrounding Uses ....................... ........... .... ........................... ..... 6 EnpironmentaFacbzraPuLenba|tvAf6eckyd----------------------.39 Determination.......... ....... ......... ............... ..... --- ................. —........... ............. ....... ... 4O Evaluation uf Environmental Impacts .... ........ — ........ ......... --... — .... .......... — ... ... 4l LAesthetics .... ............................................ ............. ......................... ......... ..... 4l IL Agricultural Resources .............. .......... —......................... ......... ............ ... 4@ UO. Air Qua|dy ... ............. ..................... ......... .................. .... ....... ............ ...... 45 PY Resources ...... —....... ................ ......... ................ ...... .... ........... �48 Y. Cultural Resources --.............. ...... ...... ....... .................... ...... ...... --...... 5l VI. Geology and Soils ...................... ......... ...... ----.............. ........... ---..55 VU. Greerdioose Gases ........................................... ........ ............ ... ...... ........ .... 58 VIII. Hazards and Hazardous Materials ................. .......... .................. ---.... 59 [X. Hydrology and Water [ualiLv ...................... ............. ................ --......... �66 X. Land Use and .......... 71 X]. MinernRcsourcee-------'-------------------- 72 XU.Noise .... ...... — .... .......... —........... ......... --- ........... .......... .............. .......... 73 XIDL Population and Housing --------------------------75 XIY. Public Services .... ........ — ....................... --- ................ ----...................... 76 XY. Recreation —.-----------------_-- --- ---------___ 78 %V1. Transportation/ Traffic ..... ............ ............... ...... ............ — ........... .......... 79 XVD. Utilities and Service Systems .................. .... .......... --- .......................... .... 0I Mandatory Findings of Significance ................... .......... --............... ............. ............ S3 ReportPreparation .................... .......... ...... ............. .................................. —......... ... .... 04 Initial -Studv/Negative Declaration OAKLAND INNER HARBOR TIDAL CANAL TRANSFER Figure Project Site Location ......... — ........ ............ .............. —................ 3 Figure Aerial Overview of Project Site ..................... ............... ...... ...... ........ .............. —.4 FbzureS Project Overview and Key to Section Sheets ............. ---- ................................... 9 Figure Enlarged Aerial Section View: S6eetI— ................. —........ .--....... ........... —1l Figure Enlarged Aerial Section View: Sheet 2 ......................... .......................... .............. l3 Figure Enlarged Aerial Section View: Sheet 3 ...... .............. .... _ ... . .... _ ........ ....... ..... I5 Figure Enlarged Aerial Section View: Sheet 5 ............... ...................... ......................... l9 Figure Aerial Section View: Sheet 6 ........ ............. .............. ....—.--............ 22 Figure 10 Enlarged Aerial Section View: Sheet 7. .......... —................................................ .23 Figure 12 Aerial Section View: Sheet 9 ....................... ............... ............... .......... 27 Figure 13 Enlarged Aerial Section View: Sheet lO ................................... .—................... 2A Figure 14 Existing Conditions bothe Project Arem_.. ... .......... ........... ....... .................. —3J Figure 15 Existing Conditions bzthe Project Area ..................... .............. ...... ................. —32 Figure 17 £ Conditions inthe Project Area .................. .......... ....... .... — ................. 34 Figure IS Existing Conditions inthe Project Area ................... ... .... ................... ...—_ ... 35 Figure 19 Existing Conditions bnthe Project Area .... ....... ............. ............................. .... 3b Eage Initial Study/ Negative De6nmhoo OAKLAND INNER HARBOR TIDAL. CANAL TRANSFER California Environmental Quality Act (CEQA) Environmental Checklist Form 1. Project Title: Oakland Inner Harbor Tidal Canal Transfer 2. Lead Agency Name and Address: City of Alameda Office of the City Attorney 2263 Santa Clara Avenue, Room 280 Alameda, CA 94501-4477 3. Contact Person and Phone Number: Andrico Q. Penick, Assistant City Attorney 747-4763 z lleri'ckI 4. Project Location: Oakland Inner Harbor Tidal Canal, extending from approximately 1,800 feet northwest of the Park Street Bridge to approximately 2,300 feet south of High Street Bridge, a distance of about 1.8 miles. The canal separates the island City of Alameda from the mainland City of Oakland; the jurisdictional boundary separating the two cities runs generally down the center of the canal. The proposed project encompasses only the Alameda side of the canal. The project area is about 2,000 feet southeast of Coast Guard Island and about 1,500 feet south of Interstate 880. 5. Project Sponsor's Name and Address: City of Alameda Office of the City Attorney 2263 Santa Clara Avenue, Room 280 Alameda, CA 94501-4477 Contact: Andrico Q. Penick., Assistant City Attorney (510) 747-4763 MY11 P 6. General Plan Designation: Tidal Canal: [None] Adjacent Properties: PUblic/lnstitutional/School (P/I/S), Federal Facilities (FF), Mixed-Use Northern Waterfront (Willow Street to Oak Street) (MU-5), Parks & Public Open Space (P&POS), Community Commercial (CC), Office (0), General Industry (GI), Low-Densitv Residential (LDR), Neighborhood Business (NB), and Medium-Density Residential (.MDR). 7. Zoning: Tidal Canal: E (Estuary) Adjacent properties: M-2 (General Industrial), 0 (Open Space), NP-W (North Park Street District—Workplace), NP-M (North Park Street District—Maritime), C-2-PD (Central Business— Planned Development Overlay), R-1, (One Family Residential), R-2 (Two Family Residential), R- 4 (Neighborhood Residential). Initial Study OAKLAND INNER HARBOR TIDAL CANAL TRANSFER Background /Need for the Project In 1884, the U.S. Arn-ty Corps of Engineers (Corps) began dredging the inland area connecting the cities of Oakland and Alameda to create a tidal canal. With a length of 1.8 miles and a width of about 400 feet, the canal occupies an area of approximately 85 acres of submerged, semi - submerged lands and uplands. Known as the Oakland Irmer Harbor Tidal Canal (Canal), the waterway is owned and maintained by the Corps, which now proposes to divest itself of the canal, as directed by Congress in the Water Resources Development Act of 1,990 (W DA) ('ub.L.1.01 -640). The location of the Canal is shown on Figure 1. An overview of the project area is shown on Figure 2 and Figures 3 through 12 present enlamod aerial views of successive sections of the Canal.' The purpose of the canal was to provide a means for tidal flux between. San Leandro Bay and Oakland Harbor, but it has also functioned as a navigable waterway, being used primarily by small }Measure craft, with occasional commercial use by barges supporting shoreline operations. The Corps' ownership encompasses all property within the boundaries of the Canal, which includes private structures, docks, boathouses, and portions of housing structures authorized by the Corps in various ways over the past century. The Corps has been trying — unsuccessfully to date —to relieve itself of ownership of the Canal for the past 25 years, in accordance with the WRDA, which directed the Corps to give half the Canal to the City of Oakland and half to the City of Alameda. To encourage transfer, the Corps instituted a permitting moratorium in 2000, which has prohibited any construction, maintenance, repair, or improvement of structures along the Canal, except for emergency repairs. This moratorium has prevented regulating agencies with jurisdiction over the area — including both cities, the San Francisco Bay Conservation and Development Commission (BCDC), and the Sart Francisco Bay Regional Water Quality Control Board (RWQCB) —from approving waterfront improvements or enforcing regulations pertaining to development standards and /or health and safety. As a result, adjacent property owners have been unable to legally make repairs to their docks and housing structures where they extend into the Canal property. In addition, the Corps' ownership and moratorium have created a cloud on title for the adjacent property owners who legally constructed docks or other structures within the Canal. The Corps will not lift the permitting moratorium until the property has been transferred. Residential owners on the Alameda side have formed a voluntary homeowners' association to lobby the City of Alameda and the Carps to complete the transfer in order to remove the permitting; moratorium. Approximately 93 residential and 11 commercial properties on the Alameda side of the Canal are directly affected by the moratorium. The City of Alameda is now moving forward to facilitate the transfer of the Alameda side of the Canal property from Corps ownership. As discussed in more detail below, the City will function as a broker, and once ownership of the Canal has been transferred to the City, it intends to immediately convey the outer edges of the Canal to the existing adjacent residential and commercial property, owners, which will provide many with necessary access to their existing structures along the Tidal Canal. i Figures 3 through 13 are presented at the end of the Project Description. Initial Study OAKLAND INNER HARBOR TIDAL CANAL TRANSFER � \\ \ . CIL J� �j tie ell 4 co uj � ° °`~ �\ .������ �� � ul 0 z CL < > Is ULwjGLIs M > < 2 c c m co c C-) 0 t5 lz CL- 0 Q a) 4-J Ltl�5 INEEMINE-74 The project evaluated in this Initial Study affects only the Alameda side of the Canal, In 2013, the East Bay Regional Park District (EBRPD) expressed an interest in accepting the Oakland side of the Canal in order to construct a segment of the Bay Trail along the Oakland shoreline, and since then with the Corps on the transfer of the Oakland side, That potential 2 has been working g property transfer is a separate action that will require a separate environmental review pursuant to the California Environmental Quality Act (CEQA) by the applicable lead agency. Proposed Project The City currently proposes to accept the Alameda side of the Canal. from the Corps and then transfer the small area between the existing federal property line (the upland property boundary marked in red on the overview map on Figure 2) and the proposed property line (the pier line marked in blue on the overview map) to the adjacent owners along the canal (with a few exceptions), wliich will allow property owners to own their existing docks and housing structures. The City will maintain ownership of the open water area between the proposed property line and the centerline of the canal for public navigation. As part of the project and prior to the actual transfer of Canal ownership from the Corps to Alameda, the City intends to approve a subdivision map application proposed by the Corps to subdivide the property into approximately 104 separate serni-submerged and submerged parcels. These parcels would correspond generally to the property lines of the adjacent upland parcels. Approximately 100 of the parcels Would subsequently be transferred to the City of Alameda, with the Corps retaining ownership of four parcels, which contain the Alameda -side bridge abutments and supports for the Park Street, Fruitvale, and High Street bridges, as well as a triangular Navy parcel. Immediately following the proposed property transfer, the City will sell approximately 98 of the newly created parcels generally to the adjacent landside property owners (or another interested purchase, as applicable). The City would retain ownership of two parcels comprising the central open water area of the canal waterward from the proposed property line to the centerline, which the Corps would still be responsible for dredging; as necessary, or other actions to maintain a navigable waterway. Such maintenance Could. consist of enforcement actions to remove floating debris- and abandoned boats that are considered to be a threat to navigation. However, with respect to dredging since its construction, tidal movement through the Canal has generally been sufficient to maintain its original 18-foot depth and prevent shallowing within the central portion of the canal. The Corps would retain its jurisdictional authority over the canal under the Rivers and Harbors Act (33 USC §401 ef. seq.) and the Clean Water Act (33 USC §1251 (..!t. seq), which authority includes regulating any structures in and over the canal and dredge or fill proposed in waters of the United States. The proposed project also includes an extension and amendment of the City's existing Estuary District Zoning and the City's Zoning Map to cover all of the parcels within the Alameda side of the Tidal Canal and amendments to the development standards for the Estuary Zoning District. The amendments would limit and clarify the types of structures and uses that may be allowed on the new parcels. New structures would be limited to new docks, piers, boathouses, and other water-dependent uses, subject to review and approval by the City. All future proposed uses in the Estuary District would require approval of a Conditional Use Permit, and would therefore be subject to discretionary review by the City, and would also require separate environmental review pursuant to CEQA, as applicable. The Water Resources Development Act was amended in 2007 to allow for transfer to a public agency yin addition to the cities of Alameda and Oakland. Initial Study OAKLAND INNER HARBOR TIDAL CANAL TRANSFER Future development also would require discretionary review by other regional and State agencies with jurisdiction. This would include review by BCDC of new development within, the coastal zone and review by the Corps and RWQCB for proposed work below the high tide line. In addition, future in-water work would be subject to review by the National Oceanic and Atmospheric Administration (NOAA)/National Marine Fisheries Service (NMFS) and California Department of Fish and Wildlife (CDFW). The proposed project would not entail any new development or movement of dirt, and would not authorize new uses in the Estuary Zoning District. Consequently, the proposed transfer would not charige or affect existing coastal resources. Because the proposed project involves discretionary action by a federal agency, the Corps has prepared an Environmental Assessment (EA) for the proposed transfer (including the transfer of the Oakland side of the Canal), pursuant to the National Environmental Policy Act (NEPA). This Initial Studv draws on and references environmental analysis presented in the EA.' Completion of the proposed transfer will allow the Corps to lift the permitting moratorium, enabling the City of Alameda, BCDC, the Corps, the RWQCB, and any other applicable agencies to enforce regulations when future improvements are proposed by property owners. This change is expected to improve coastal resources over the long term through permit review of individual projects along the waterfront. Planning Approvals Tentative Subdivision Map, The project would require approval of a Vesting Tentative Subdivision Map and recording of a Final Subdivision. Map, in accordance with the Subdivision Map Act California Government Code Sections 66410 et. seq, I Zoning Amendments* The j proect would require an amendment to the Estuary District Zoning project map to cover the newly created parcels, and zoning text amendments limiting the types and locations of permitted uses within the Estuary District. Other Approvals U.S. Army Corps of Engineers, (Corps}: The project will require transfer of title to the Alameda side of the Canal to the City of Alameda. 9. Site Description and Surrounding Land Uses: The Tidal Canal is an approximately 400-foot-wide navigable channel. separating the cities of Oakland and Alameda, subject to tidal inflow and outflow from San Francisco Bay. It extends from approximately 1,800 feet northwest of the Park Street Bridge to approximately 2,300 feet south of High, Street Bridge, a distance of about 1.8 miles, and covers an area of approximately 85 acres. The central channel has an average depth of approximately 18 feet. The Canal property includes submerged, semi-submerg0 ed lands within the Canal proper as well as some uplands. In total, the Canal property under Corps ownership has a width of approximately 400 feet. The Canal is spanned by four bridges: the Park Street Bridge, Miller-Sweeney Bridge and the Fruitvale Rail Bridge (two adjacent bridges), and the High Street Bridge. The Fruitvale Rail U.S. Army Corps of Engineers, Environmental Sciences Section, San Francisco District, Eurinnintental Assesstnenl, Oakland tarter (traitor "Tidal Canal Stirphis Property Divestiture, June 2014. Initial Study OAKLAND INNER HARBOR TIDAL CANAL TRANSFER Bridge, currently inactive, is a vertical -lift railroad bridge located immediately adjacent to the Miller - Sweeney Bridge, while the other three bridges are vehicle draw bridges used for vehicle traffic. The Canal is defined on the Alameda side by edges .ranging from concrete or steel bulkheads to rip -rap embankments to naturalized, sloping, earthen embankments. Some shoreline development is supported on cement or wood piers or pilings. In addition to Clocks, such development also includes decks, wharves, boathouses, and other buildings. The current and the historical use of the property consists primarily of small boat traffic such as privately owned pleasure craft. Northwest of the Miller-Sweeney Bridge, there is some commercial barge traffic from the sand and gravel companies along the Canal. The existing upland portion of the Carnal is developed with a variety of waterfront improverents, described in more detail below, while the semi - submerged portions are developed with a variety of docks, boat slips, and other water- related improvements. Most of the existing improvements on the Alameda side of the Canal were reviewed and approved either through lease or license agreements with the Corps and /or through a blanket license issued in 1913 by the Assistant Secretary of War to all owners of property adjacent to the Tidal Canal. A wide range of structures and uses lines the Alameda side of the Canal. (The Oakland side of the Canal is not part of the project evaluated in this Initial Study, and is not described herein.) In general, the upland areas west/ north of the Fruitvale Bridge are developed with commercial and industrial uses, while east /south of the Fruitvale Bridge the adjoining land uses are primarily residential. Examples of existing development located adjacent to the Canal are shown on Figures 14 through 20. At tine northwestern end of tlnc Canal, the upland area is occupied by the Navy Operational Support Center (NOSC) Alameda. 'ro the east of the NOSC Alameda is a construction company and a self - storage facility. A large (approximately 9 acres) vacant parcel lies between the storage facility and Oak Street. Between Oak Street and Park Street, the properties adjoining the Canal include a can- rental business, a small retail shopping center, and a shoreline restaurant. Approximately two dozen small boat slips line the Canal at this location. A nursing home is located just to the east of Park Street, followed by a manufacturing facility, auto body shop, photography studio, and theater /cultural. center. East of these uses is a boat yard. Two docks extend from this property, running parallel to the shoreline; one of the docks extends eastward for approximately 600 feet. The area between the boat yard and Tilden Way is occupied by the large Bridgeside Shopping Center comprised of multiple buildings containing a variety of retail uses, including a large grocery store, LIPS store, and some smaller restaurants. Ali optometrist office and U.S. Air Force and U.S. Army recruiting stations are also located in this development, which includes a large surface parking lot. East /south of the Fruitvale Bridge, mostly small one- and two -story single- family homes line the Canal, with frontages oil Marina Drive. Nearly all of these properties have small boat docks extending into the Carnal. Many of the properties also have one or more secondary structures oil the rear Canal -side portion of the lots. East of the High Street Bridge, the Canal heads in a more southerly direction. Some residential apartments or condominiums are located immediately south of the bridge, followed by a nursing home. Homogenous residential development resumes south of here, with single - family homes fronting on Fernside Boulevard. Similar to the residential properties north /west of the High Street Bridge, a majority of these properties are developed with more than one structure. Initial Study OAKLAND INNER HARBOR TIDAL CANAL TRANSFER (This page intentionally left blank.) Initial Study OAKLAND INNER HARBOR TIDAL, CANAL TRANSFER GU iJt O CSt CSl Ms Wsm a m FIS HE CL 81. � '� � € f � jam¢ i�+�a�p'. yr � GU iJt O CSt CSl QF N .0 Sf'1 6J C O Q3 ctt 6F to i51 jL4 tt,t t £i .....__..........e.. CL C G 2 O tJ Lvac LS ��t 4 s QF N .0 Sf'1 6J C O Q3 ctt 6F to i51 jL4 tt,t W, cu LU CL i z 9 Z 4) Gm- 0 a. 6f LZ tz to W, cu LU "I cu sft csr srt tD i7 ii w 21 ------- -------- ---- IFP irs QJ AJ LIS Cl Ln V, §i co 0 21 Im —E ir LAJ uj ILI 0 T4�t i � 1� j °� 'v hLi^ '� '� u¢�t't' a, N ,z. o O u1 y of WE o.+ a s c 0 w Q tT -rs uj 9, Sp ui,U> v m cp 0 M a z zn N. I flM u 0 S 42w ar ns ar 0 < ii uj I-A Ln 10 tv 10 \ � } /� \ \ \ � � / \ I-A Ln 10 tv 10 0) T 78 m -a ir w O Qd Vt C tFt 76 w < in o 0) 0 'i 0- G cl CL 2 2 0 e. a. LZ s O Qd Vt C tFt 76 w < a - Existing shoreline conditions at northwest end of project area, in the vicinity of Walnut Street. b - Existing shoreline conditions near northwest end of project area, in the vicinity of Oak Street. TIMI Existing Conditions in the Project Area Source: U.S. Army Corps of Engineers a - Collapsed dock at Nelson's Marine property, currently undergoing remediation. Abandoned ship (Elizabeth A.) in foreground has since been removed by the U.S. Coast Guard. b - Aroma Restaurant, located just west of the Park Street Bridge. Figure 15 Existing Conditions in the Project Area Source: U.S, Army Corps of Engineers a - Manufacturing plant located east of the Park Street Bridge, b - Small boat maintenance and repair facility located about 750 feet east of the Park Street Bridge. Existing Conditions in the Project Area Source: U.S. Army Corps of Engineers a - Bridgeside Shopping Center, located just west of the Fruitvale Bridge. b - Abandoned boat near base of the Fruit Tale Bridge. Existing Conditions in the Project Area Source: U.S. Army Corps of Engineers b - Typical residential and shoreline development east of the Fruilvale Bridge. a - Typical residential and shoreline development east of the Fruilvale Bridge. I= Existing Conditions in the Project.Area Source: U.5. Army Corps of Engineers a - Closed accessory structures encroaching into current Corps of Engineers property line, located on residential properties east of the Fruitvale Bridge in the vicinity of Harvard Drive. b - Apartment or condominium complex located just east of the High Street Bridge. Existing Conditions in the Project Area Source: U.S. Army Corps of Engineers a - Residential properties east of the High Street Bridge, in the vicinity of Monte Vista Avenue. b - Residential properties east of the High Street Bridge, including dilapidated dock, in the vicinity of FairviewAvenue. is i M Existing Conditions in the Project Area Source: U.S. Army Corps of Engineers The environmental factors checked below would be potentially affected by �� i ot least one innpact that iaa~Po�oha||v5ignl�cuntknpec(,usindira�dby the checklist on the following F--1 Aesthetics F--1 ^^u^^~' h/m|Reanuoes �—1 Resources | |CJ�m}Ken�� ~~~~o^~~ ``~ L> - F—� n6cmae(�usGoi��n» | | Haza,da�Baz�I�u�dn|s Greenhouse L� L� F--1 Land Use/ Planning [--1 Mineral Resources F—�Bmu�Ucm/Rou�n� F—����6er�m� ' L_� Transportation /Traffic | | Utilities /Service Systems | | Mandatory Findings mfSi-oi6couce friffial Study OAK[8ND INNER HABBUR TIDAL, CANAL TRANSFER Air QUalitV F--1 Geology /soils F—� 8rdm��/VVa�rQuali� ~' F---]Noise Recreation 39 On the basis of the initial evaluation: Fx-1 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 1 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent, A MITIGATED NEGATIVE DECLARAT16N will be prepared. n I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards', and 2) has been addressed by mitigation measures based on the earlier analysis as described oil the attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. n I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been v adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. [signature on filed document] Signature Andrico Q. Penick, Assistant City Attorney Printed name _M t1, 2016 Date City of Alameda For Initial Study 40 OAKLAND INNER HARBOR TIDAL CANALTRANSFER 1. AESTHETICS — IlVoidd the Ilro.iect: Ex2la : Although the Oakland side of the Canal is developed with industrial uses that include large warehouse buildings and manufacturing plants with stacks, towers, silos, conveyors, and other large industrial equipment, many viewers may nonetheless find that the open water of the Canal provides an ii-therently scenic view. Some viewers likely consider views along the Canal scenic by virtue of the expansiveness of the vista that the open waterway provides. Althougl-t aesthetic concerns are inherently subjective, many people find open water vistas to be scenic and desirable, even with extensive shoreline development. Therefore, for purposes of this discussion, views of and from the Canal are considered to constitute a scenic vista. The proposed project would not have a substantial adverse effect on this scenic vista because no new development would be authorized by the proposed property transfer. While the transfer and associated lifting of the Corps' permitting moratorium is expected to lead to future proposals for improvements within the affected properties, there are no current plans for development at specific properties along the Canal. Any future development proposals will be subject to discretionary review by the City and pertinent regulatory agencies such as the RWQCB and BCDC, and will also require separate compliance with CEQA. Less Than I Significant Potentially With Than fic'n Significant Mitigation S!, 9 n "I ot No Impact Incorporated Impact impact J') Stibstivitiolly daiiiage scenic 1-esources, inchidin�g Init 11()t liijiit(t(l to, trecs, rock o0croppi119s, and hi,-toric 1711ildings within a state scenic highway? Explanation: There are no State- designated scenic highways in the vicinity o f the project site. California Department of Transportation, OfficialIN, Designated State Scenic Highways, accessed April 13, 2016 at: Initial Study OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 41 Than Significant Potentialty with Less Than Significant l Mitigation Significant NO Impact incorporated Impact Impact e a) HaVe ii S1I17St(1IIti(11 adz,?erse e ct oil it sccilic viSt17? ff 1 0 0 —1 FX Ex2la : Although the Oakland side of the Canal is developed with industrial uses that include large warehouse buildings and manufacturing plants with stacks, towers, silos, conveyors, and other large industrial equipment, many viewers may nonetheless find that the open water of the Canal provides an ii-therently scenic view. Some viewers likely consider views along the Canal scenic by virtue of the expansiveness of the vista that the open waterway provides. Althougl-t aesthetic concerns are inherently subjective, many people find open water vistas to be scenic and desirable, even with extensive shoreline development. Therefore, for purposes of this discussion, views of and from the Canal are considered to constitute a scenic vista. The proposed project would not have a substantial adverse effect on this scenic vista because no new development would be authorized by the proposed property transfer. While the transfer and associated lifting of the Corps' permitting moratorium is expected to lead to future proposals for improvements within the affected properties, there are no current plans for development at specific properties along the Canal. Any future development proposals will be subject to discretionary review by the City and pertinent regulatory agencies such as the RWQCB and BCDC, and will also require separate compliance with CEQA. Less Than I Significant Potentially With Than fic'n Significant Mitigation S!, 9 n "I ot No Impact Incorporated Impact impact J') Stibstivitiolly daiiiage scenic 1-esources, inchidin�g Init 11()t liijiit(t(l to, trecs, rock o0croppi119s, and hi,-toric 1711ildings within a state scenic highway? Explanation: There are no State- designated scenic highways in the vicinity o f the project site. California Department of Transportation, OfficialIN, Designated State Scenic Highways, accessed April 13, 2016 at: Initial Study OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 41 Explanation: The proposed project would not authorize new development, and therefore would not have potential to substantially degrade the visual character of the Canal. The only reasonably anticipated visual changes that could occur following implementation of the project would be potential future improvements to dilapidated shoreline structures such as docks and piers, which would have a beneficial effect on shoreline aesthetics in the immediate vicinity. It would be speculative to identify any other potential changes, which, in any event, would be subject to separate discretionary approval and environmental review pursuant to CEQA.. Less data Poten ally Signet Slm i t with Less Than i W i atlon 4 Significant Impact t Incorporated Impact j Impact d) Crenate ra 7aeav sot -irce of saatastraratial light or glaare ai)lticla I r o'uld adversely gffect daatr or niglatffin e irewc rr the rare a a Explanation, No new sources of lighting or glare are expected to result from approval of the project. Initial Study 42 OAKLAND INNER HAltl3Ul: TIDAL CANAL TRANSFER Ii. AGRICULTURAL RESOURCES — In determining zvhether impacts to agrictfIfitral resoiirces are significant environmental effects, lead agencies )nai './ refer 10 the California Laild Evaluation and Site Assessment Model (1997) prepared bil the California be[7t. Of COIISerVO1i`0JI as 011 Oit)HO11171 Model to list, in assessing impacts on agrictilttire and farnila;id. III deterinining whether impacts to ' forest resotirces, in chiding timberland, are significant eiivironniciital effects, lead agencies inay ruler to information compiled by [lie California Del)ai . -Nnmf of Forestry and Fire Protection regarding the State's inventory of forest land, including the Forest and Range Assessment Pro - ject and the Forestry Legacy Assessinent Project, and ' forest carbon MeaStireinent methodology provided in Forest Protocols at"10I)ted by the California Air Resotirces Board. Woiihl the project: Less Tian Significant Potentially with Less Than Significant Mitigation Significant 'I No Impact Incorporated Impact Impact a) Convert Prhne Farrnlaiid, Llniiiiie Farmland, or Farinland of State-alide Importance (Farmland), as shou7n on the reaps prepared plirsilant to the ED Farmland Mapping and Monitoring Program of the 1 Califcrrn.ia Resources Agency, to non-agrictilitiral ifse.2 Explanation: The Canal is designated as Water and all surrounding lands are designated "Urban and Built—Up Land" on the maps prepared pursuant to the Farmland Mapping and Monitoring Program (FMJv1P) by the Department of Conservation (DOC), a department of the California Resources Agency," The DOC updates the maps every two years; the most recent map was prepared in 2012 and published in 2014. Since the project site does not contain any Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, there is no potential for conversion of these types of farmlands. Less Than Potentially Significant Significant Frith Less Than Mitigation significant No Impact Incorporated I Impact Impact b) Conflict with existing zoning for agrictiltia-al Ilse, or El 0 0 Fx a Willianison Act contract? Explanation: The project property is not zoned for agricultural use or under a Williamson Act contract. California Department of Conservation, Division of Land Resource Protection, Farmland Mapping and Monitoring Program, "Alameda County Important Farmland 2012" (map), April 2014. Initial Shady OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 43 I Less Than Less Than I Potent-ally Significant With Less Than Significant With Mitigation Significant Impact Mft4ation Significant NO impact Incorporated Impact impact c) Conflict ivith existing Zoning Jbr, or cause rezoning Incotporated impact impact of, forest land (as defined in Public Resources Cocte Result in the loss of forcst band orconversion (00rest 1:1 0 Section 12220(g)), timberland (as defined III Atblic land to a non- ,forest use? Fx Resources Code Section 4526), or fitliberland zoned Timberland Production (as defined by Government Code Section 51104(g))? Explanation: The project site is not zoned as forest land and there is no forest land on the site. The proposed project would therefore have no impact on forest or timber land. Explanation: Public Resources Code Section 12220(g) defines forest land as land that can support 10-percent native tree cover of any species, including hardwoods, tinder natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits. There is no forest land on the project site as defined in Public Resources Code Section 12220(g). --Cess Tfum Potentially Significant Significant with Less Than Impact Mitigation Significant No Incorporated Impact Impact e) Involve other chanQes in the existing enVironinent Which, due to thclr)ocation or nature, cotild result III conversion of Farmland to non-aQricultural use or Mx conversion of forest land to non - forest use? Explanation: The project site does not contain, farmland or forest land, and implementation of the proposed project would therefore have no potential to convert such lands to other uses, Initial Study 44 OAKLAND INNER HARBOR TIDAL CANAL TRANSFER Less Than I IF Potentially Significant Significant With Mitigation l Less Than Sigmficant No impact Incotporated impact impact d) Result in the loss of forcst band orconversion (00rest 1:1 0 MX land to a non- ,forest use? i Explanation: Public Resources Code Section 12220(g) defines forest land as land that can support 10-percent native tree cover of any species, including hardwoods, tinder natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits. There is no forest land on the project site as defined in Public Resources Code Section 12220(g). --Cess Tfum Potentially Significant Significant with Less Than Impact Mitigation Significant No Incorporated Impact Impact e) Involve other chanQes in the existing enVironinent Which, due to thclr)ocation or nature, cotild result III conversion of Farmland to non-aQricultural use or Mx conversion of forest land to non - forest use? Explanation: The project site does not contain, farmland or forest land, and implementation of the proposed project would therefore have no potential to convert such lands to other uses, Initial Study 44 OAKLAND INNER HARBOR TIDAL CANAL TRANSFER III. AIR QUALITY — Where az,ailablel the 1 iun ifica n ce criteria establislied by the applicable air 0 - - quality inanagetneni or air P01111tioll Control district array be relied tipon to inakc the 'following detenninations, Wotild the project: Explanation: The Bay Area Air Quality Management District (BAAQMD) adopted its 2010 Bay Area Clean Air Plan (CAP) in accordance with the requirements of the California Clean Air Act (CCAA) to implement all feasible measures to reduce ozone; provide a control strategy to reduce ozone, particulate matter, air toxics, and greenhouse gas (GHG) emissions in a single, integrated plan; and establish emission control measures to be adopted or implemented in the 2010 through 2012 timeframe. The BAAQMD is currently in the process of updating the CAP, but has not yet released a draft for public review. The primary goals of the 2010 Bay Area CAP are to: • Attain air quality standards; • Reduce population exposure and protect public health in the Bay Area; and • Reduce GHG emissions and protect the climate. When a public agency contemplates approving a project where an air quality plan consistency determination is required, BAAQMD recommends that the agency analyze the project with respect to the following questions: (1) Does the project support the primary goals of the air quality plan; (2) Does the project include applicable control measures from the air quality plan; and (3) Does the project disrupt or hinder implementation of any 2010 CAP control measures? If the first two questions are concluded in the affirmative and the third question concluded in the negative, the BAAQMD considers the project consistent with air quality plans prepared for the Bay Area. Any project that would not support the 2010 CAP goals Would not be considered consistent with the 2010 CAP. The recommended measure for determining project support of these goals is consistency with BAAQMD CEQA thresholds of significance. If a proposed project would not exceed the BAAQMD significance thresholds, it is considered to support the, 0 primary goals of ' the 2010 CAP. As discussed in more detail in Section. 111(b), the Tidal Canal transfer would not exceed the BAAQMD CEQA thresholds of significance. The proposed project would not interfere with the primary goals of the 201.0 CAP and none of the adopted 2016 CAP control measures, which generally pertain to stationary sources of pollutants and transportation control measures, would not be applicable to the project. Therefore, the project would not conflict with or obstruct implementation of the 2010 CAP. Initial surd}. OAKLAND INNER HARHORTIDAL CANAL TRANSFEIR 45 Less Than I Significant Potentially With Less Than Significant Mitigation Significant 1 No Impact 1 Incorporated Impact 1 impact a) Conflict zvitil or obstruct initilenrentation of file C1 0 0 rx-1 applicable air i,111171i(Il P11711? Explanation: The Bay Area Air Quality Management District (BAAQMD) adopted its 2010 Bay Area Clean Air Plan (CAP) in accordance with the requirements of the California Clean Air Act (CCAA) to implement all feasible measures to reduce ozone; provide a control strategy to reduce ozone, particulate matter, air toxics, and greenhouse gas (GHG) emissions in a single, integrated plan; and establish emission control measures to be adopted or implemented in the 2010 through 2012 timeframe. The BAAQMD is currently in the process of updating the CAP, but has not yet released a draft for public review. The primary goals of the 2010 Bay Area CAP are to: • Attain air quality standards; • Reduce population exposure and protect public health in the Bay Area; and • Reduce GHG emissions and protect the climate. When a public agency contemplates approving a project where an air quality plan consistency determination is required, BAAQMD recommends that the agency analyze the project with respect to the following questions: (1) Does the project support the primary goals of the air quality plan; (2) Does the project include applicable control measures from the air quality plan; and (3) Does the project disrupt or hinder implementation of any 2010 CAP control measures? If the first two questions are concluded in the affirmative and the third question concluded in the negative, the BAAQMD considers the project consistent with air quality plans prepared for the Bay Area. Any project that would not support the 2010 CAP goals Would not be considered consistent with the 2010 CAP. The recommended measure for determining project support of these goals is consistency with BAAQMD CEQA thresholds of significance. If a proposed project would not exceed the BAAQMD significance thresholds, it is considered to support the, 0 primary goals of ' the 2010 CAP. As discussed in more detail in Section. 111(b), the Tidal Canal transfer would not exceed the BAAQMD CEQA thresholds of significance. The proposed project would not interfere with the primary goals of the 201.0 CAP and none of the adopted 2016 CAP control measures, which generally pertain to stationary sources of pollutants and transportation control measures, would not be applicable to the project. Therefore, the project would not conflict with or obstruct implementation of the 2010 CAP. Initial surd}. OAKLAND INNER HARHORTIDAL CANAL TRANSFEIR 45 Explanation: The project would be located in a region that experiences occasional violations of standards set by the U.S. Environmental Protection Agency (.EPA) for ozone (0), respirable particulate platter equal to or less than 10 microns (PM1, ), and fine particulate matter equal. to or less than 2.5 microns (PM, 5). However, the project would, not authorize or result in construction or operation of new development, and therefore would not have the potential to contribute substantially to these violations. Although it is reasonable foreseeable that future proposals would be made to improve existing deteriorated docks, piers, and other shoreline structures once the Corps' permitting moratorium is removed following project implementation, such work would be limited in scope and would be subject to subsequent discretionary review. BAA MD`s June 2010 CE QA guidelines include= screening criteria that are indicative of a project's potential to exceed the thresholds of significance for criteria air pollutants. The screening criteria are not in themselves thresholds of significance. Consequently, projects exceeding the screening criteria lay not have significant air quality impacts, but quantified. modeling of air emissions is recommended for such projects so that an accurate assessment of potential impacts can be made. The screening criteria are keyed to different kinds of land use development projects that entail the construction and operation of buildings. The construction criteria are based on the potential area of land disturbance, because it is during site grading and paving activities that the majority of construction emissions are generated. For most of the land use types for which BAAQMD has established screening criteria based on area of disturbance, the threshold for potential construction - related impacts is 277,000 square feet. By comparison, any repairs of docks or ether shoreline improvements that could occur following transfer of the Canal property would be expected to be limited to a disturbance area of a few hundred square feet, though in most cases it would be far less. Therefore, any short -term emissions that could result from dock repairs would be fair below the threshold at which a quantified analysis is recommended, and would not have any potential to violate air quality standards. No operational emissions would result from implementation of the project. As noted above, the BAAQMD screening criteria for construction impacts are based on potential emissions of criteria air pollutants, and projects that do not exceed the thresholds are deemed to have a less- than - significant impact on air quality. However, even for project -, that are below the screening criteria, BAAQMD recommends implementation of its Basic Construction Mitigation Measures to control fugitive dust emissions, which also contribute to reduced air quality. Initial Study 46 OAKLAND INNER HARBOR TIDAL CANAL TRANSFER Less Than PPotentially ote i�nT� can# ; with Less Than (cant ItTtpact' Ml ation Si��ra� rat � € # Incorporated Impact I rt 17) Violate any lair g1-117likil standard or contribute substantially to an existing or pro- jected air riittilit2y El 11 Et'_`I L violation.? i .i Explanation: The project would be located in a region that experiences occasional violations of standards set by the U.S. Environmental Protection Agency (.EPA) for ozone (0), respirable particulate platter equal to or less than 10 microns (PM1, ), and fine particulate matter equal. to or less than 2.5 microns (PM, 5). However, the project would, not authorize or result in construction or operation of new development, and therefore would not have the potential to contribute substantially to these violations. Although it is reasonable foreseeable that future proposals would be made to improve existing deteriorated docks, piers, and other shoreline structures once the Corps' permitting moratorium is removed following project implementation, such work would be limited in scope and would be subject to subsequent discretionary review. BAA MD`s June 2010 CE QA guidelines include= screening criteria that are indicative of a project's potential to exceed the thresholds of significance for criteria air pollutants. The screening criteria are not in themselves thresholds of significance. Consequently, projects exceeding the screening criteria lay not have significant air quality impacts, but quantified. modeling of air emissions is recommended for such projects so that an accurate assessment of potential impacts can be made. The screening criteria are keyed to different kinds of land use development projects that entail the construction and operation of buildings. The construction criteria are based on the potential area of land disturbance, because it is during site grading and paving activities that the majority of construction emissions are generated. For most of the land use types for which BAAQMD has established screening criteria based on area of disturbance, the threshold for potential construction - related impacts is 277,000 square feet. By comparison, any repairs of docks or ether shoreline improvements that could occur following transfer of the Canal property would be expected to be limited to a disturbance area of a few hundred square feet, though in most cases it would be far less. Therefore, any short -term emissions that could result from dock repairs would be fair below the threshold at which a quantified analysis is recommended, and would not have any potential to violate air quality standards. No operational emissions would result from implementation of the project. As noted above, the BAAQMD screening criteria for construction impacts are based on potential emissions of criteria air pollutants, and projects that do not exceed the thresholds are deemed to have a less- than - significant impact on air quality. However, even for project -, that are below the screening criteria, BAAQMD recommends implementation of its Basic Construction Mitigation Measures to control fugitive dust emissions, which also contribute to reduced air quality. Initial Study 46 OAKLAND INNER HARBOR TIDAL CANAL TRANSFER The project does not propose or auti-torize any construction. Reasonably foreseeable construction associated with clock repair would be subject to separate discretionary review and any potentially significant impacts associated with construction of future repairs Would be addressed in subsequent CEQA review for those repairs. No long-term operational traffic would be generated by the project. Therefore, the proposed project would have a less -than- significant impact on air quality due to long-term operational CO exhaust emissions. Less Than Potentially Significam Pith 1 Less Than Significant Mitigation Significant NO Impact Incorporated Impact Impact c) Result in a ctantilatively considerable net increase of any criteria poll it tant for which the project region is non-attainment under an applicable ' federal or state ED 0 ambient air i1nality standard (including releasing emissions iohich exceed iltiantitative thresholds for ozone precti rsors) ? Explanation: As discussed in Section 111(b), the proposed project would not result in the generation of long-term operational emissions of criteria air pollutants. Therefore, the project Would not contribute to cumulative air quality effects, Furthermore, BAAQMD's thresholds of significance were developed to identify a cumulatively considerable contribution to a significant regional air quality impact, and the 13AAQMD CEQA Air Qtiality Guidelines state that projects that would have a less-than-significant project-level impact on air quality would also have a less - than - significant cumulative impact. lass Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated impact impact d) Expose sensitive receptors to sribstantial polltitant concentrations? _11X Explanation: According to BAAQMD's CEQA Air Quali(y Guidelines and Air Toxics Nezv Source Revieiv Program I'len1th Risk Screening Analysis Giiidelines, health effects from carcinogenic air toxics are usually described in terms of individual cancer risk. Individual cancer risk is the likelihood that a person exposed to concentrations of toxic air contaminants (TACs) such as diesel particulate matter (DPM) over a 70-year lifetime will contract cancer, based on the use of standard risk-assessment methodology.'' The maximally exposed individual represents the worst-case risk estimate, based on a theoretical person continuously exposed for 30 years at the point of highest compound concentration in the air. This is a highly conservative assumption, since most people do not remain at home all clay and on average residents change residences every 11, to 12 years. In addition, this assumption assumes that residents are experiencing outdoor concentrations for the entire exposure period. While the project could enable future proposals for shoreline repair that could generate short-term emissions from diesel-fueled equipment, the exact emission levels are speculative at this time and likely would be limited in Bay Area Air Quality Management District. Air'roxics New Source Review Program Health Risk Screening Analysis Guidelines. January 2010. ir, , 20 i oxic-' Initial Study OAKLAND INNER HARBOR TIDAL CANAL TR ANSFER 47 both volume and duration, and would. be reviewed as part of a separate discretionarNT review process. Explanation. Though offensive odors from stationary and mobile sources rarely cause any physical harm, they still remain unpleasant and can lead to public distress, generating citizen complaints to local governments. The occurrence and severity of odor impacts depend on the nature, frequency, and intensity of the source; wind speed and direction; and the sensitivity of receptors. Geiierally, odor emissions are highly dispersive, especially in areas with higher average wind speeds. However, odors disperse less quickly during inversions or during calm, conditions, which hamper vertical mixing and dispersion. The proposed project does not include any construction or development. Accordingly, there would be no objectionable odors associated with the project. It is possible that future improvements may be proposed as a result Of this project that would involve diesel - fueled equipment generating exhaust. The extent of such construction and associated equipment and exhaust is speculative at this time and would be subject to subsequent discretionary review, IV. BIOLOGICAL RESOURCES — Wotild the project: Explanation: The Tidal Canal is hydrologically connected to the Central Bay of San Francisco Bay, which is a highly dynamic marine region due to strong tidal currents. The benthic substrate in the Central Bay is comprised of course to fine sediments and rocky otitcrops.The dominant benthic species in the Central Bay is the clam Macorna balthica, particularly in the intertidal areas. Common sub-tidal species include the Mollusks Mya arenan . a, Geninia, Mitscidista senhot-isia, and Venerlipis ph illipilla I'll 111; the amphipods Ainpelisca abdita, Grarldierella .japonica, and Corophiton sp.; and the polychaetes Streblospio benedicti, Glilcinde sp., and Poly(iora sp. In its Environmental Assessment prepared by the Corps for the proposed transfer of the Tidal Canal (which included transfer of the Oakland side of the Canal, which is a larger project Initial Study 48 OAKLAND INNER HARBOR TIDAL CANAL TRANSFER Les s Than Potentiaq Significant With Less Than Signiftant Impact Mitigation Significant 140 Incorporated Impact impact 17) Have a sid7stantial adverse t ect, either or y throtWh habitat irtod flcations, on any species ident�fled as a candidate, sensitive, at- special status species in local or regional plans, policies, or regidations, or by the Califivnin Departiptent of Fish and Wildlife or U.S. Fish and Wildlife Service? Explanation: The Tidal Canal is hydrologically connected to the Central Bay of San Francisco Bay, which is a highly dynamic marine region due to strong tidal currents. The benthic substrate in the Central Bay is comprised of course to fine sediments and rocky otitcrops.The dominant benthic species in the Central Bay is the clam Macorna balthica, particularly in the intertidal areas. Common sub-tidal species include the Mollusks Mya arenan . a, Geninia, Mitscidista senhot-isia, and Venerlipis ph illipilla I'll 111; the amphipods Ainpelisca abdita, Grarldierella .japonica, and Corophiton sp.; and the polychaetes Streblospio benedicti, Glilcinde sp., and Poly(iora sp. In its Environmental Assessment prepared by the Corps for the proposed transfer of the Tidal Canal (which included transfer of the Oakland side of the Canal, which is a larger project Initial Study 48 OAKLAND INNER HARBOR TIDAL CANAL TRANSFER not addressed in this Initial Study), the Corps concluded that the project would have almost no long-term effects on benthic species.' The Oakland 1--larbor is designated as Essential Fish Habitat by the National Marine Fisheries Service for five Evolutionary Significant Units (ESU) of salmonids: the endangered Sacramento winter-run chinook salmon ESU (Oncorhynclais tshaw'Iftsclia), the threatened Central Valley spring-run chinook salmon ESU (Oncorhyncluis tshawiltscha), the threatened Central California Coast steelhead ESU (Oncorhynchus in kiss), the threatened Central Valley steelhead ESU (Oncorhipiclitis inykiss), and the Central Valley fall/late fall-run chinook salmon ESU (011corhylichus tshawytscha), a candidate species. While these species are reported as possibly occurring in small numbers in the Oakland Harbor during their migration seasons, they are not found in the Canal.' The proposed project does not involve any construction and would not affect sensitive fish species or other biological resources in the area. , The level of impacts associated with subsequent repairs proposed along the waterfront is speculative at this time and Would be analyzed (and mitigated, as necessary) during a subsequent CEQA review process. Based on the above information., the proposed project would have no impact on special-status species. Explanation: Being a marine environment, there is no riparian habitat present on or in proximity to the project site. The shoreline of the Canal is largely comprised of hardened bulkheads, rip-rap, or pilings and docks above sloped earthen banks. As noted in Section IV(a), above, the Oakland Harbor is designated as Essential Fish Habitat for five salmon species, but they have not been found in the Canal. The proposed project does not involve any construction and will not affect any riparian or other sensitive natural community. The extent of impacts associated with future repairs of shoreline docks and other shoreline improvements are speculative at this time and, while not expected to adversely affect any sensitive natural Community, would be analyzed (and mitigated, as necessary) during a subsequent discretionary review process. US. Army Corps of Engineers, Dra mno en ' I't Enz,iroital Assessment: Oakland hmer Harbor Tidal Canal Sm-phis Prol.,;erfy Di-vestiture, Alametta Coim y, Fis(-al Year 2014, June 2014(a). Jbid. Initial -Study OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 49 Less Than III Potentially significant With Less Than Significanl Impact Mitigation Significant No Inc omorated Impact Impact b) Have 11 stibstantial adverse c cl on a riparian .ffe any habitat or other sensitive nahlral C01711711111ity identified in local or 1 -e Tonal plans, policies, FX_1 I regtilations, or by the California Departinent of Fish and Wildlife or U.S. Fish arni Wildlife Service? Explanation: Being a marine environment, there is no riparian habitat present on or in proximity to the project site. The shoreline of the Canal is largely comprised of hardened bulkheads, rip-rap, or pilings and docks above sloped earthen banks. As noted in Section IV(a), above, the Oakland Harbor is designated as Essential Fish Habitat for five salmon species, but they have not been found in the Canal. The proposed project does not involve any construction and will not affect any riparian or other sensitive natural community. The extent of impacts associated with future repairs of shoreline docks and other shoreline improvements are speculative at this time and, while not expected to adversely affect any sensitive natural Community, would be analyzed (and mitigated, as necessary) during a subsequent discretionary review process. US. Army Corps of Engineers, Dra mno en ' I't Enz,iroital Assessment: Oakland hmer Harbor Tidal Canal Sm-phis Prol.,;erfy Di-vestiture, Alametta Coim y, Fis(-al Year 2014, June 2014(a). Jbid. Initial -Study OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 49 Explanation: The proposed Canal transfer would not authorize any removal or filling of wetlands or other waters subject to regulation by the U.S. Army Corps of Engineers or Regional Water Quality Control Board under Section 4014 of the Clean Water Act. Ally such actions would require separate review and approval by these agencies, the City of Alameda, and the San Francisco Bay Conservation and Development Commission. Le;& Than Significant S Potentially i I 'With Less Than i Sggnifficant 1014th Significant Mitigation Impact � Significant NO Impact Incorporated impact Impact, c) Have a substantial adverse effect on federally lr=rWalad ' protectetl u>etlan-ds 173 defined by Section 404 of the d) Interfere stibstantialh'l with fire 1novellie tt of any r Cleary Water Act (including, but not limited to, 0 MX marsh, Vernal pool, coastal, etc.) through direct r emoval, Elting, hydrological interruption, or other Q 0 means? wildlife Corridors, or impede the use of native wildlife Explanation: The proposed Canal transfer would not authorize any removal or filling of wetlands or other waters subject to regulation by the U.S. Army Corps of Engineers or Regional Water Quality Control Board under Section 4014 of the Clean Water Act. Ally such actions would require separate review and approval by these agencies, the City of Alameda, and the San Francisco Bay Conservation and Development Commission. Explanation: See Section lV(a) regarding migratory salmon species. There is no other suitable habitat on or in the vicinity of the project site with the potential to function as a n- migratory wildlife corridor. Less Than Potentially 1 Significant € Significant Less Than, Impact Mitigation Significant No i Incorporated Impact impact e) Conflict with any local policies or ordinances - protecting biological resources, such as a tree i preservation policy or ordinance? Explanation: The proposed project would not entail or authorize the removal of any trees and would not have any adverse effects on biological resources. Therefore, the project Would not conflict with any local policies or ordinances protecting biological resources. Initial Study 50 OAKLAND INNER HARBOR TIDAL, CANAL TRANSFER Leas Than Potentially Significant Sggnifficant 1014th Less Then Impact Mitigaiian Significant NO lr=rWalad ' Impact Impact d) Interfere stibstantialh'l with fire 1novellie tt of any r native resident or migratory fish or wildlife species or i with any established native resident or nir gratvey Q 0 El n wildlife Corridors, or impede the use of native wildlife nursery sites? Explanation: See Section lV(a) regarding migratory salmon species. There is no other suitable habitat on or in the vicinity of the project site with the potential to function as a n- migratory wildlife corridor. Less Than Potentially 1 Significant € Significant Less Than, Impact Mitigation Significant No i Incorporated Impact impact e) Conflict with any local policies or ordinances - protecting biological resources, such as a tree i preservation policy or ordinance? Explanation: The proposed project would not entail or authorize the removal of any trees and would not have any adverse effects on biological resources. Therefore, the project Would not conflict with any local policies or ordinances protecting biological resources. Initial Study 50 OAKLAND INNER HARBOR TIDAL, CANAL TRANSFER Less Tnan I Less Than Potentially 3 Significant i Impact Significant With I Less Than Mitigation 1 Significant Incoiporated 1 impact NO Impact f) CollfliCt 70it/I f1le p�-OZ,jSjo)IS Of 011 adopted PlaNtat Potentially Conservation Plan, Natural Coliplintinity ,1 Coarser oration Plan, or other approved local, regional, I or state habitat conservation t1lau? I Significant Explanation: There is no adopted habitat conservation plan (HCP) applicable to the City of Alameda. V. CULTURAL RESOURCES — Would the protect; Explanation: In order to be considered a significant historical resource as defined in Section 15064.5 of the CEQA Guidelines, a building must be at least 50 years old. In addition, Section 15064.5 defines an historical resource as, "... a resource listed in, or determined to be eligible for listing in, the California Register of Historical Resources," properties included in. a local register of historical resources, or properties deemed significant pursuant to criteria set forth in Public Resources Code Section 5024,1(g). According to CEQA Guidelines Section 15064.5(a)(3), a lead, agency can determine that a resource is significant in the architectural, 1, engineering, scientific, economic, agricultural, educational, social, political, military, or Cultural annals of California, provided that the determination is supported by substantial evidence in light of the whole record. In order to be 0 eligible for listing in the California Register of Historical Resources, a property must meet at least one of the following criteria: • Is associated with events that have made a significant contribution, to the broad patterns of California's history and Cultural heritage; • Is associated with the lives of persons important in our past; • Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; • Has yielded, or may be likely to yield, information important in prehistory or history.' 4 California Resources Agency, CEQA Giddelines, Section 15064.5(a)(3), as amended October 23, 2009. Initial StLidy OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 51 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a) Cause a substantial adverse cliange in tiie sigiirflcance of a Historical resource as defined in 0 Mx §15064,5? Explanation: In order to be considered a significant historical resource as defined in Section 15064.5 of the CEQA Guidelines, a building must be at least 50 years old. In addition, Section 15064.5 defines an historical resource as, "... a resource listed in, or determined to be eligible for listing in, the California Register of Historical Resources," properties included in. a local register of historical resources, or properties deemed significant pursuant to criteria set forth in Public Resources Code Section 5024,1(g). According to CEQA Guidelines Section 15064.5(a)(3), a lead, agency can determine that a resource is significant in the architectural, 1, engineering, scientific, economic, agricultural, educational, social, political, military, or Cultural annals of California, provided that the determination is supported by substantial evidence in light of the whole record. In order to be 0 eligible for listing in the California Register of Historical Resources, a property must meet at least one of the following criteria: • Is associated with events that have made a significant contribution, to the broad patterns of California's history and Cultural heritage; • Is associated with the lives of persons important in our past; • Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; • Has yielded, or may be likely to yield, information important in prehistory or history.' 4 California Resources Agency, CEQA Giddelines, Section 15064.5(a)(3), as amended October 23, 2009. Initial StLidy OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 51 The following evaluation of historic resources within and adjacent to the Tidal Canal is excerpted, with minor edits, from an Environmental Assessment (EA) prepared for the proposed project by the Corps, pursuant to the National Environmental Policy Act (NEPA). " The Corps' EA covers a larger project than the project evaluated in this Initial Study; it includes transfer of the Oakland side of the Tidal Canal to the City of Oakland or another public agency (currently anticipated to be the East Bay Regional Parks District). Insofar as the Corps' findings apply to the proposed Canal (Alameda side) transfer to the City of Alameda, those findings remain valid for this environmental review conducted in accordance with the requirements of CEQA and are included below. The Corps is required to comply with the historic preservation laces and regulations when an undertaking is proposed for a federally authorized project. It is the Corps' responsibility to make a reasonable and good- faith effort to identify historic properties (properties eligible for, or listed in the National. Register of Historic Places), within an Area of Potential Effects (APE) that may be affected by the proposed project. historic properties include, for example, archaeological sites, historic structures, submerged shipwrecks and traditional cultural properties that are determined eligible for listing in the National Register of Historic Places (NRHP). An APE is a geographical area in which a project may cause (directly or indirectly) changes in the character or use of a historic property. A review of project documents, and consideration of any previously identified historic properties as well as those cultural resources not yet evaluated for the NRI1P, will generally be sufficient to determine whether there are potential project effects to such resources. The Corps provides a determination to the State Historic Preservation Officer (SHPO) in accordance with 36 CFR Part 800, the regulations implementing Section 106 of the National 1- listoric Preservation Act, as amended (NJ-IPA). Section 106 provides the guidelines by which federal agencies meet statutory responsibilities for historic preservation. concerns and the needs of federal undertakings. Because the Oakland Inner Harbor has not been repeatedly been dredged, and no new channel or ground- disturbing; activities are proposed, the Corps believes it is reasonable not to conduct aquatic or terrestrial surveys for these previously disturbed parts of the APE. In keeping with Corps planning guidance for projects that do not involve new work, the Corps relied on existing information in the project and cultural resources files. The files revealed that from the 1970's through the 1990's the Corps funded archaeological surveys designed to inventory historic resources for their operating projects in the Oakland Inner Harbor for navigation, maintenance dredging, dredged- material disposal, and for construction. Dredging in the Federal channel (Canal) is an ongoing aquatic maintenance activity. No known historic properties are located within the Federal channel. Historic research indicates that the Oakland Estuary was the location of mangy= historic shipwrecks dating from the 19`}' Century. Many ships were abandoned, at the end of the Inner Harbor, following the Gold Rush when the maritime trade significantly declined (Corps 1984). During the 1930's a Works Progress Administration (WPA)- sponsored project removed obstacles to navigation and cleaned navigable graters of visible obstacles. As discussed in Section VIII(b), a geophysical bathymetric survey of the Canal conducted by the Corps in 2014 identified approximately 30 sunken boats were located on the Canal floor, ranging from wooden rowboats to metal tugboats, and additional decayed remains of other beats are scattered throughout the Canal. In the last five years, the U.S. Coast Guard (USCG) promptly marked the sunken Tug Respect with buoys, which is located just west of Park. Street Bridge. Its location is also marked on the National Oceanic and Atmospheric Administration (NC >AA) navigation chart of that area. There is also to anthropological literature, the C:ostamans are often referred to as the Ohlone. Initial Study 52 OAKLAND INNER HA[ BOR TIDAL CANAL TRAWER the Tug Captain Al, one other Sunken vessel, and two barges sunk in the same area not marked. The Corps removed two vessels, the M / V Elizabeth A and the Submarine Chaser Hooker. The Corps conducted an updated records search and survey for historic resources in February 2003 and in September 2006. No historic properties listed in the NRHP were identified within the project APE. Previous environmental documents (Corps 1980, 1988; Corps and Port of Oakland 1999) identified no Native American resources in or near the OIHTC and did not find any sites, areas, or materials important to Native Americans for religious, spiritual, economic or traditional uses. No areas within the Ol1-fTC are known to be used for gathering, collecting, or conducting ceremonies by either groups or individuals on land within or adjacent to the APE appear to be pre-sent. There are two historic properties adjacent to the project APE. The Park Street Bridge and the High Street Bridge are eligible for the NRHP. The bridges are currently owned by Alameda County and within the jurisdiction of the local authorities. The Fruitvale Avenue Railroad Bridge is currently owned by the Corps. These bridges will not be affected by the federal action.. The Fruitvale Avenue Railroad Bridge is being evaluated for eligibility to the NRHP. Federal criteria are used for evaluating the significance of cultural resources. The federal significance criteria for defining cultural resource significance and eligibility for listing on the NRHP are established by the National Park Service (36 C.F.R. § 60.4), These criteria pertain to projects with federal funding and or jurisdiction. For the purposes of this project the Fruitvale Avenue Railroad Bridge is considered eligible under Criterion C. The Cities of Oakland and Alameda are Certified Local Agencies with approved City Development Plans that include historic preservation. The cities are responsible for the CEQX- level environmental compliance for projects prior to making discretionary approvals on projects, 'Me proposed project would not directly impact or adversely affect any potential prehistoric or historical resources within the APE. Based on the current project description, the proposed project would not result in adverse effects or significant impacts to any of the resources located in the project -area; therefore, no further investigation or treatment of these resources is recommended. Explanation: The San Francisco Bay area was occupied by Native Americans as far back as 3,000 to 4,000 years ago. Prior to European contact, the project area was inhabited by the Penutian- speaking Bay Miwok (referred to as "Costanoans" by Spanish) tribe of Native Annericans.11 By the 19"' century, forced missionization and the epidemic spread of western diseases had reduced the Bay Miwok population significantly, resulting in the disappearance of local tribelets, such as the Chochenyo, who inhabited the area now comprising the Alameda Northern Waterfront. Buried Native American artifacts, including remnants of former Initial Study OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 53 Less Than Potentially Significant with Significant 9itk3ation Impact Incorporated is Than Significant NG Impact Impact 17) Caitse a stibstantial adverse change ill the , gnificance of an archaeological resource pursnallt to ST FX-1 §15664.5? Explanation: The San Francisco Bay area was occupied by Native Americans as far back as 3,000 to 4,000 years ago. Prior to European contact, the project area was inhabited by the Penutian- speaking Bay Miwok (referred to as "Costanoans" by Spanish) tribe of Native Annericans.11 By the 19"' century, forced missionization and the epidemic spread of western diseases had reduced the Bay Miwok population significantly, resulting in the disappearance of local tribelets, such as the Chochenyo, who inhabited the area now comprising the Alameda Northern Waterfront. Buried Native American artifacts, including remnants of former Initial Study OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 53 settlements, have been encountered throughout the Bay Area, particularly adjacent or in proximity to water sources, and could potentially be present at the project site. In compliance with Assembly Bill (AB) 52, approved by the State Legislature in 2014, the City contacted the California Native American Heritage Commission (NAHC) to identify Native American tribes that may have tribal cultural resources in the project area. The NAHC responded, identifying the following tribal groups is having traditional lands or cultural places within Alameda County: the An-yah Mutsun Tribal Band of Mission San Juan Bautista, Indian Canyon Mutsun Band of Coastanoan, Muwekma Ohlone Indian Tribe of the SF Bay Area, the Ohlone Indian Tribe, and the Coastanoan Rurnsen Carmel Tribe. Letters were sent to the designated representatives of these tribes seeking their input regarding tribal cultural resources that may be located in or adjacent to the Canal. At the time of publication of this Initial Studv no responses from the contacted tribes had been received by the City. [CONFIRM] While it is possible that buried prehistoric cultural materials may be present in the project area, the potential to adversely affect any such resources, were they to exist, would be nonexistent because the project does not involve any ground-disturbing o activities. Any subsequent improvements proposed along the waterfront involving subsurface disturbance'likelv would occur within, areas of prior disturbance. The level of impacts associated with subsequent repairs proposed along d-te waterfront is speculative at this time and would be analyzed (and mitigated, as necessary) during a subsequent CEQA. review process. necessary) - Explanation: Paleontological resources are the fossilized remains of vertebrate or invertebrate organisms from prehistoric environments found. in geologic strata. They are valued for the information they yield about the history of the earth and its past ecological settings. They are most typically embedded in sedimentary rock foundations, and may be encountered in surface rock outcroppings or in the subsurface during site grading. The project area is underlain by latest Pleistocene to Holocene dune sand, a form of alluvium.' Pleistocene alluvium is ranked as highly sensitive for significant paleontological resources (the Pleistocene is the first epoch of the Quaternary period) "" The project does not involve any subsurface disturbance and accordingly, there is no potential for encountering paleontological resources in connection with this project. Any subsequent improvements proposed along the waterfront involving subsurface disturbance likely- would occur within areas of prior disturbance. Tile level of impacts associated with subsequent repairs proposed along the waterfront is speculative at this time and would be analyzed (and mitigated, as necessary) during a subsequent discretionary review process, 12 U.S. Geological Survey, Preliminary Maps of Quaternary Deposits and Liquefaction Susceptibility, Nine-County San Francisco Bay Region, California fmapl, 2000. 13 Kenneth L. Finger Ph.D., Consulting Paleontologist, Letter report to Michelle Touton, Archeo—Ter. Re: Paleontological Records Search: Masonic Homes Flatlands Project, Union City, Alameda County, November 21, 2009, Initial Study 54 OAKLAND INNER HARBOR TIDAL CANAL, TRANSFER Less Than I l' ten tt Significant With Less Than 'ant Impad W"ation 1 Significant No lr=rpmted JmOaci Impact 0 Directly or indirectly destroy it 111i1que I i paleontological resource or site or unique geologic 0 0 0 FX-1 Explanation: Paleontological resources are the fossilized remains of vertebrate or invertebrate organisms from prehistoric environments found. in geologic strata. They are valued for the information they yield about the history of the earth and its past ecological settings. They are most typically embedded in sedimentary rock foundations, and may be encountered in surface rock outcroppings or in the subsurface during site grading. The project area is underlain by latest Pleistocene to Holocene dune sand, a form of alluvium.' Pleistocene alluvium is ranked as highly sensitive for significant paleontological resources (the Pleistocene is the first epoch of the Quaternary period) "" The project does not involve any subsurface disturbance and accordingly, there is no potential for encountering paleontological resources in connection with this project. Any subsequent improvements proposed along the waterfront involving subsurface disturbance likely- would occur within areas of prior disturbance. Tile level of impacts associated with subsequent repairs proposed along the waterfront is speculative at this time and would be analyzed (and mitigated, as necessary) during a subsequent discretionary review process, 12 U.S. Geological Survey, Preliminary Maps of Quaternary Deposits and Liquefaction Susceptibility, Nine-County San Francisco Bay Region, California fmapl, 2000. 13 Kenneth L. Finger Ph.D., Consulting Paleontologist, Letter report to Michelle Touton, Archeo—Ter. Re: Paleontological Records Search: Masonic Homes Flatlands Project, Union City, Alameda County, November 21, 2009, Initial Study 54 OAKLAND INNER HARBOR TIDAL CANAL, TRANSFER Explanation: See Section V(b), above. V1. -GEOLOGY AND SOILS — Wotild the project: Less Than F Potentially Significant 'With Less Than With Less Than Significant ICI igation Significant 1 No Impact Incorporated I Impact Impact d) Disturb any litilijan reinabis, inclialing those . i 0 0 13 FE interred olits ide of forinal ccincteries? Explanation: See Section V(b), above. V1. -GEOLOGY AND SOILS — Wotild the project: a) aposc people or stnicttires to potential stilistaiitial adverse effiects, hichiding the risk of loss, hi tiny, or death itivolving: i) Ruptiire of a known earthiltiake (atilt, as delineated on the inost recent Altptist-Priolo Earthquake Faidt Zoiihig Map isstied by the FX1 State Geologist - for the area or based on other sitlistaritial evidence of a known faidt? Refer to Division of Mines and Geology Special Publication 42. Exl2lanation: There is no known active earthquake fault located on or near the project site. The nearest seismically active fault is the Hayward fault, located more than 3 miles east of the project area, while the San Andreas fault lies about 17 miles to the west," There is therefore no potential for fault rupture at the project site. Less Than Potentially Significant Impact Signi nt with Less Than Mitigation Significant No incorporated Impact Impact a) aposc people or stnicttires to potential stilistaiitial adverse effiects, hichiding the risk of loss, hi tiny, or death itivolving: i) Ruptiire of a known earthiltiake (atilt, as delineated on the inost recent Altptist-Priolo Earthquake Faidt Zoiihig Map isstied by the FX1 State Geologist - for the area or based on other sitlistaritial evidence of a known faidt? Refer to Division of Mines and Geology Special Publication 42. Exl2lanation: There is no known active earthquake fault located on or near the project site. The nearest seismically active fault is the Hayward fault, located more than 3 miles east of the project area, while the San Andreas fault lies about 17 miles to the west," There is therefore no potential for fault rupture at the project site. Explanation: The San Francisco Bay Area is recognized by geologists and seismologists as one of the most seismically active region in the United States. Similar to most urban locations throughout the Bay Area, the project site is potentially subject to moderate to high seismic ground shaking during an earthquake on one of the major active earthquake faults that transect the region. Major earthquakes have occurred on the Hayward, Calaveras, and San Andreas III U.S. Geological Survey, Earthquakes and Faults in the San Francisco Bay Area (1970-2003) [niap], August 2004. Initial Study OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 55 Less Than Significant Potentially With Less Than Significant Mitigation Significant t No Impact Incorporated Impact Impact ii) Strong seisitiicgi-t)iiiitishi7kiitg? 0 Ex-1 Explanation: The San Francisco Bay Area is recognized by geologists and seismologists as one of the most seismically active region in the United States. Similar to most urban locations throughout the Bay Area, the project site is potentially subject to moderate to high seismic ground shaking during an earthquake on one of the major active earthquake faults that transect the region. Major earthquakes have occurred on the Hayward, Calaveras, and San Andreas III U.S. Geological Survey, Earthquakes and Faults in the San Francisco Bay Area (1970-2003) [niap], August 2004. Initial Study OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 55 faults dUring the past 200 years, and numerous rninor earthquakes occur along these faults every year, At least five known earthquakes of Richter magnitude (RM) 6.5, four of them greater than RM 7.0, have occurred within the San Francisco Bay Area within the last 150 years. This includes the great 1908 San Francisco earthquake (moment magnitude 7.8) and the 1989 Lonia Prieta earthquake (RIVI 6.9). According to a 2014 analysis by the Working Group on California Earthquake Probabilities (WGCEP), an expert panel co-chaired by U.S. Geological Society seismologists, there is a 72 percent probability that an earthquake of magnitude 6.7 or g'reater will occur in the San Francisco Bay Area in the next 30 years and a 20 percent probability that all RM 7.5 earthquake will occur (starting from 2014).' The WGCEP estimates there is a 14.3-percent chance of all RM 6.7 quake occurring on the Hayward fault in the next 30 years, It is therefore likely that a major earthquake will be experienced in the region during the life of the project that could produce strong seismic ground shaking at the project site, However, this is an existing risk to all structures in the San Francisco Bay Area, which would not be exacerbated by the proposed project. The project would not authorize construction of new structures or increase the population of people in the project area, and would therefore not result in a new or increase significant risk to people or structures from exposure to seismic ground shaking. Although repairs to existing docks and other shoreline improvements; may be undertaken by some property owners along the Canal following approval of the project, this work would be analvzed under a separate discretionary review, would not generally increase the risk frorn seismic shaking, and could improve the ability of repaired structures to withstand such Exl2lanation: Liquefaction occurs when clean, loose, saturated, uniformly graded, fine-grained soils are exposed to strong seismic ground shaking. The soils temporarily lose strength and cohesion clue to buildup of excess pore water pressure during earthqUake-induced cyclic loading, resulting in a loss of ground stability that can cause building foundation,-, to fail. Soil liquefaction may also damage roads, pavements, pipelixtes, and underground cables. Soils susceptible to liquefaction include saturated, loose to medium dense sand, and gravel, low- plasticity silt, and some low-plasticity clay deposits. The Alaniecla uplands flanking the Tidal Canal are mapped by the U.S. Geological Survey -is having a moderate potential for liquefaction,." However, this is a pre-existing condition at the project site that die proposed project would not alter. No new construction is proposed that could be adversely affected by soil liquefaction or failure of other soils susceptible to seismic failure. The Canal itself is not identified as a liquefaction zone. Therefore, the project Would not increase the hazard related to seismic-related ground failure, including liquefaction. sEdward fl Field and Members oF the ZDI4Working Group *oCalifornia Earthquake Probabilities, O.S. Geological Survev, California Geological Survey, OC2RP3/ A New Earthquake Forecast for [nlifi"/ia's [bmy&x Fault Sys/c", USGS0pcn g}c Report 2015-3009, 2015. /^ U,6. Dcyurtmeo/ of Interior, U.S. Geological Survey, 9,e|imionzy 8dapn of0uaue,nary Deposit, and Liquefaction 5uscepbbiUty, Nine'Co"n,ySun Francisco Day Region, California, Open File Report 00-444' 2000, Initial Studii 56 OAKLAND INNER HARBOR TIDAL CANAL. TQANGFEk Less Than Potentially With Less Than Significant hilifigation Signiftant NO Impact mwWated impact Impact Exl2lanation: Liquefaction occurs when clean, loose, saturated, uniformly graded, fine-grained soils are exposed to strong seismic ground shaking. The soils temporarily lose strength and cohesion clue to buildup of excess pore water pressure during earthqUake-induced cyclic loading, resulting in a loss of ground stability that can cause building foundation,-, to fail. Soil liquefaction may also damage roads, pavements, pipelixtes, and underground cables. Soils susceptible to liquefaction include saturated, loose to medium dense sand, and gravel, low- plasticity silt, and some low-plasticity clay deposits. The Alaniecla uplands flanking the Tidal Canal are mapped by the U.S. Geological Survey -is having a moderate potential for liquefaction,." However, this is a pre-existing condition at the project site that die proposed project would not alter. No new construction is proposed that could be adversely affected by soil liquefaction or failure of other soils susceptible to seismic failure. The Canal itself is not identified as a liquefaction zone. Therefore, the project Would not increase the hazard related to seismic-related ground failure, including liquefaction. sEdward fl Field and Members oF the ZDI4Working Group *oCalifornia Earthquake Probabilities, O.S. Geological Survev, California Geological Survey, OC2RP3/ A New Earthquake Forecast for [nlifi"/ia's [bmy&x Fault Sys/c", USGS0pcn g}c Report 2015-3009, 2015. /^ U,6. Dcyurtmeo/ of Interior, U.S. Geological Survey, 9,e|imionzy 8dapn of0uaue,nary Deposit, and Liquefaction 5uscepbbiUty, Nine'Co"n,ySun Francisco Day Region, California, Open File Report 00-444' 2000, Initial Studii 56 OAKLAND INNER HARBOR TIDAL CANAL. TQANGFEk Explanation: The area surrounding the Canal is generally level, with minor variations in elevations. There are no significant slopes in the project vicinity that Could be subject to landslides. Furthermore, the project would not authorize construction of new structures or increase the population, of people in the project area, and would therefore not result in a new or increase significant risk to people or structures from exposure to landslides. Less Than Less Than Significant Signiffcant Potentially with Less Than With Significant Nlifigation Significant No Significant Impact Incorporated Impact i Impact iv) Landslides? Impact rx- 1 Explanation: The area surrounding the Canal is generally level, with minor variations in elevations. There are no significant slopes in the project vicinity that Could be subject to landslides. Furthermore, the project would not authorize construction of new structures or increase the population, of people in the project area, and would therefore not result in a new or increase significant risk to people or structures from exposure to landslides. Exl2tanation: The project does not involve any subsurface disturbance and accordingly, there is no potential for substantial soil erosion or loss of topsoil associated with the project. Once the Corps' permitting moratorium is removed following project implementation, repair of existing deteriorated docks, piers, and other shoreline structures may be proposed that could disturb upland soils and cause erosion. The level of impacts associated with subsequent repairs proposed along the waterfront likely would be limited in nature and would be analyzed (and mitigated, as necessary} during a subsequent discretionary review process. Less Than Less Than Potentially Signiffcant Significant Potentilally With Less Than Incorporated Impact Impact Significant Mitigation Significant No Impact Incorporated Impact Impact 1i1 Result in stibstantial soil erosion or the loss of landslide, lateral spreadiiig, st&sideiice, liqitiqfaction, FX El topsoil? Exl2tanation: The project does not involve any subsurface disturbance and accordingly, there is no potential for substantial soil erosion or loss of topsoil associated with the project. Once the Corps' permitting moratorium is removed following project implementation, repair of existing deteriorated docks, piers, and other shoreline structures may be proposed that could disturb upland soils and cause erosion. The level of impacts associated with subsequent repairs proposed along the waterfront likely would be limited in nature and would be analyzed (and mitigated, as necessary} during a subsequent discretionary review process. Explanation: The proposed project would not authorize construction of new Structures; any future construction of new structures would be subject to separate environmental review. The project therefore has no potential to increase the hazard related to unstable subsurface conditions. Initial Study OAKLAND INNER HARBOR TIDAL, CANAL TRANSFER 57 Less Than Potentially Significant with Less T han Significant N Mitigation Significant o impact Incorporated Impact Impact c) Be located on a geologic unit or sail that is tinstable.. or that zvould become WIStable as a restilt of the project, and potentially result in on- or 4-site 0 11 11 0 landslide, lateral spreadiiig, st&sideiice, liqitiqfaction, or collapse? Explanation: The proposed project would not authorize construction of new Structures; any future construction of new structures would be subject to separate environmental review. The project therefore has no potential to increase the hazard related to unstable subsurface conditions. Initial Study OAKLAND INNER HARBOR TIDAL, CANAL TRANSFER 57 witty Les, 'Than iF significe nyt lt4aton signjkant No i "Pae" Incorporated Impact impact I d) Be located on cwpansive soil, as defined in Table 18-1-B of fire Uniforin Building' Code (1994), 13 MX creating substantial risks to life or properttl? Explanation: The proposed project would not authorize Construction of new structures; any future construction of neNv structures would be subject to separate environmental review. The project therefore has no potential to increase the hazard related to expansive soils. Less Than Signicant Potentially fi'J With Less Than ' 1 Significa I nt Mitigation Significant rq0 Impacl 1 incorporated Impact Impact e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal [3 systems where servers are not available ft-ir the 1 0 El FX_1 disposal of wastewater? Explanation: The project area is served by a municipal sewer system, and the proposed project would not require the use of a septic or alternative wastewater disposal system. VII. GREENHOUSE GAS EMISSIONS — Would the project: Less Than Significant Poterifially, Significant wiffi Less Than Impact Mitigation Significant No Incorporated Impact Impact I a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on fire [EX] environinent? Explanation: GHGs refer to gases that trap heat in the atmosphere and contribute to global warming. The primary GHGs are carbon. dioxide (COO, methane (CH.,), nitrous oxide (NOJ, sulfur hexafluoride (SEA), perfluorocarbons (PFCs), hydro fluorocarbons (HFCs), and water vapor (HO). The majority of GHG emissions in the Bay Area come from transportation (397 percent), -followed by industrial/ commercial sources (35.7 percent) and electricity generation (14.0 percent). Construction equipment and other off-road equipment contribute 1.5 percent of the total GHG emissions. 17 17 l3av Area Air Quality Managelflent, District, Bay Area Emissit)ns Inventory, Summary Report: Greenhotise Gases, Base Year 201 ],Table F: 2011 Bay Area GHG ELmissions by Sector, updatedjanuary 2015. Initial Study 58 OAKLAND INNER HAR130R TIDAL, CANAL TRANSFER As discussed in Section 0(b), no operational air emissions, including emissions o[GBGs, vou(dbe -euecatedby the ' Vthereareooeytxbbshedtkresbnldso[significance for bur d emissions fG i the with criteria uUubznb�the groa�stputende| construction emissions of GHGs is during grading and paving activities and, consequently, the larger the area of disturbance, the greater the emissions of GHGs. Due to the very limited areas of disturbance that are anticipated during shoreline repairs that could occur following project approval, a quantified analysis of construction emissions of GHGs was deemed unwarranted. A quantified analysis would also be impractical, due to the lack of specific information about tile locations and nature of repairs that may be made. The specific level of GHG impacts associated with the construction of subsequent repairs proposed along the waterfront witli potentially significant impacts would. be analyzed (and mitigated, as necessary) during a subsequent CEQA review process. Exl2lanation: In 2008 the City of Alameda adopted the Cit��l of Alaineda Local Action Plan for Climate Protection, which provides a strategy for reducing emissions of GHGs in the city."' the Local Action Plan establishes an overall goal of reducing community-wide GHG emissions by 25 percent below 2005 levels, by 2020 and sets forth specific in-itiatives for achieving this goal that are organized into the following four categories: 1) transportation and land use; 2) energ oy 3) waste and recycling; and 4) community outreach and education. None oftile Local Action Plan initiatives would apply directly to the proposed project, u66uh would not entail or authorize new uses or construction of new structures. Therefore, the project would not conflict with the Local Action Plan. V111. HAZARDS AND HAZARDOUS MATERIALS — VVotdd the proliect: Less Than Less Than Significant potentially with Less Than Stgnificant Mitioation Significant No Less Than 1 Impact Incorp-orated Impact Impact Significant Mitigation Significant I No 1?) Conflict -ivith arl applicable plan, policy, or regulation adoptcrifior tile purpose of reducing the einissions of 0 FX-1 greenhouse g(7ses? or the use, or Exl2lanation: In 2008 the City of Alameda adopted the Cit��l of Alaineda Local Action Plan for Climate Protection, which provides a strategy for reducing emissions of GHGs in the city."' the Local Action Plan establishes an overall goal of reducing community-wide GHG emissions by 25 percent below 2005 levels, by 2020 and sets forth specific in-itiatives for achieving this goal that are organized into the following four categories: 1) transportation and land use; 2) energ oy 3) waste and recycling; and 4) community outreach and education. None oftile Local Action Plan initiatives would apply directly to the proposed project, u66uh would not entail or authorize new uses or construction of new structures. Therefore, the project would not conflict with the Local Action Plan. V111. HAZARDS AND HAZARDOUS MATERIALS — VVotdd the proliect: Explanation: The proposed project would not involve the routine transport, use, or disposal of hazardous materials. The project would not authorize any new development or expansion of existing uses, any of which would be subject t&separate discretionary review and corripliance 'n(]/yo[4|mnoda' City ^f Alameda Local AuiiinPlvn.fov Climate Protection, adopted Februa,y53008. Initial Study OAKI,AND INNER HA880Q TIDAL CANAL TRANSFER 59 Less Than Significant PotentiaRy With Less Than 1 Significant Mitigation Significant I No impact Incorporated Impact Impact a) Create it Sigll�fiCj?jlt ha7ard to the I (171iC environnietit through tile routine traiisport, or the use, or FRI 13 disposal qf hazardous Inaterials? Explanation: The proposed project would not involve the routine transport, use, or disposal of hazardous materials. The project would not authorize any new development or expansion of existing uses, any of which would be subject t&separate discretionary review and corripliance 'n(]/yo[4|mnoda' City ^f Alameda Local AuiiinPlvn.fov Climate Protection, adopted Februa,y53008. Initial Study OAKI,AND INNER HA880Q TIDAL CANAL TRANSFER 59 with CEQA. The level of impacts associated with the construction of subsequent repairs proposed along the waterfront is speculative at this time and would be analyzed (and mitigated, as necessary) duririg a subsequent discretionary review process. It is anticipated that while small, containerized q-Ltantities of hazardous materials such as solvents, cleaners, architectural coatings, and similar substances could be used by property owners maldng repairs to docks or other shoreline facilities, this would not be routine use and the small quantities involved would be far below reporting thresholds; such use would not pose a significant flireat to the environment. Ex�)lanation: The Corps conducted a variety of geophysical and environmental investigations of the Canal in preparation for divesting the property from federal Ownership, including a draft Phase I Environmental Site Assessment (ESA.), - a draft Environmental Assessment in compliance with NEPA 2" and a Phase I and 11 Baseline Study,2' The results of these investigations are summarized below. As noted dm the proposed Canal transfer would not involve use or transport.of significant quantities of hazardous materials. The primary potential for release of hazardous materials into the environment would therefore come from. potential disturbance, of hazardous materials that may already be pre-sent in the water, bottom sediments, or shoreline soils of the Canal. Daily tidal flushing within the Canal eliminates the potential for material buildup of locally sourced contaminants in Canal water. Accordingly, the water medium was not sampled during the Corps' investigations. The scouring action from the regular tidal flushing also prevents the substantial accumulation of sediment on the Canal bottom. Therefore, soil samples were collected using a Ponar grab sampler in areas where there was sufficient sediment Shoreline soil could be influenced by contaminant deposition from both Canal water and onshore activities. Because of tidal. flushing, the contamination would be limited to immediately after an aquatic spill, especially of petroleum nHzec Doetab|e substances. Onshore activities can affect the contaminant status n{ shoreline soil through several mechanisms: accidental oz intentional releases (dumping), runoff from the land Surface, and discharges from storm drains and other pipelines, The Canal is a public waterway and is subject to potential contamination from passing vessel,-; and from potential spills resulting from the refueling of craft from privately owned docks that extend into the canal. A refueling station (Park Street Landing) exists oil adjacent property, wU,S. Army Corps of Engineers, DvyY Oakland /vm, Harbor Tidal Cmod(70f7l] Silt, /"oes/igotioo,8uo( June 2N40,. �U� Army Corps d Engineers, op, otJUop204a). -'U£Aony Corps o[ Engineers, P6^sc/ mid DDne//,mS/xdy:Ov0o//J/m^r8m6m,lido[xnnt,Ruxl, July 2Ol4, �Russell Resources, |nc, Summary Xqm,/oxOvk-lond bitter 8odm, Tidal [vmilEoahm/mmr6d[m/mmhmu/lssucs,May 12,2015, Initial bO OAKLAND INNER HARBOR TIDAL CANAL TRANSFER Less Then F potentially Significant Less Than I Significaht Impact Miligation SigniticaWt NO Incorporated Impact Impact b) Create a sigti�ficant hazard to the public or the, environmeilt through reasonably foreseeable up et S 0 0 13 and accident conditions involving the release of hazardous materials into the environntent? Ex�)lanation: The Corps conducted a variety of geophysical and environmental investigations of the Canal in preparation for divesting the property from federal Ownership, including a draft Phase I Environmental Site Assessment (ESA.), - a draft Environmental Assessment in compliance with NEPA 2" and a Phase I and 11 Baseline Study,2' The results of these investigations are summarized below. As noted dm the proposed Canal transfer would not involve use or transport.of significant quantities of hazardous materials. The primary potential for release of hazardous materials into the environment would therefore come from. potential disturbance, of hazardous materials that may already be pre-sent in the water, bottom sediments, or shoreline soils of the Canal. Daily tidal flushing within the Canal eliminates the potential for material buildup of locally sourced contaminants in Canal water. Accordingly, the water medium was not sampled during the Corps' investigations. The scouring action from the regular tidal flushing also prevents the substantial accumulation of sediment on the Canal bottom. Therefore, soil samples were collected using a Ponar grab sampler in areas where there was sufficient sediment Shoreline soil could be influenced by contaminant deposition from both Canal water and onshore activities. Because of tidal. flushing, the contamination would be limited to immediately after an aquatic spill, especially of petroleum nHzec Doetab|e substances. Onshore activities can affect the contaminant status n{ shoreline soil through several mechanisms: accidental oz intentional releases (dumping), runoff from the land Surface, and discharges from storm drains and other pipelines, The Canal is a public waterway and is subject to potential contamination from passing vessel,-; and from potential spills resulting from the refueling of craft from privately owned docks that extend into the canal. A refueling station (Park Street Landing) exists oil adjacent property, wU,S. Army Corps of Engineers, DvyY Oakland /vm, Harbor Tidal Cmod(70f7l] Silt, /"oes/igotioo,8uo( June 2N40,. �U� Army Corps d Engineers, op, otJUop204a). -'U£Aony Corps o[ Engineers, P6^sc/ mid DDne//,mS/xdy:Ov0o//J/m^r8m6m,lido[xnnt,Ruxl, July 2Ol4, �Russell Resources, |nc, Summary Xqm,/oxOvk-lond bitter 8odm, Tidal [vmilEoahm/mmr6d[m/mmhmu/lssucs,May 12,2015, Initial bO OAKLAND INNER HARBOR TIDAL CANAL TRANSFER There is also potential for contamination of the Canal from spills and discharges that occur outside the Canal boundaries that can be introduced into the Canal through tidal action, and from adjacent properties via storinwater discharge. Onshore activities on the Oakland shoreline are highly Unlikely to affect Alameda's shoreline. The greatest potential for shoreline contamination along the Alameda side of the Canal is in the area northwest of the FrUitvale Bridge, which is developed with con-u-nercial and industrial uses. The shoreline southeast of this bridge is developed exclusively with residential land uses. Because of the importance of onshore activities to the contaminant status of shoreline soil, the residential shoreline is expected to be relatively less contaminated than the commercial/industrial portion and, consequently, the collection of soil samples was more focused on the commercial/ industrial shoreline. Phase I Environmental Site Assessnient The Phase I ESA included a review of publicly available local, State, and federal environmental databases that identified the history of industrial activity along the Alameda side of the Canal shoreline west of the Fruitvale Bridge. Table HM-1 provides a representative but non- exhaustive list of parcels and addresses with historical industrial activity in the at-ea. The types of industrial activities listed in the table are often associated with residual environmental contamination. Table HM-1 Historical Industrial Activity in the Project Area Industrial Activity Potential Contaminants Address Parcel No, Ship building Anti-corrosion coatings, anti- fouling coatings, paints, lubricants, fuels 2033 Clement Ave. 71-257-3-1 2199 Clement Ave. 71-289-6-1 2229 Clement Ave. 71-289-5 2235 Clement Ave, 111-290-1 2517 Blanding Ave. 70-196-24 Creosote piles manufacturing Creosote 2199 Clement Ave. 71-289-6-1 Bulk fuel storage Petroleum 2301 Blanding Ave. -71-290-29-1 Metal plating Metals, acids, cyanide 1829 Blanding Ave. 71-288-1-2 Drum Disposal fundeterminedl 2425 Blanding Ave. -70-195-16 Lumber yard Wood preservatives 2517 Blanding Ave. 70-196-24 2631 Blanding Ave. -70-196-45 26139 Blanding Ave. -70-196-45 2691 Blanding Ave. -70-196-27-2 hlit4ll Study OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 61 Pliasu11 Environmental Site, Assessment The Phase D ESA reports on the Corps' investigation o1 the Canal, which had three principal components: bacnvrnetsediment, aecUesediment, and shoreline soil, each of which is discussed below. Sediment and soil collection was conducted by Corps personnel. Bat6yrnmtry and sample analysis was conducted bT third-party cmnLrachara or' the Corps. Bathymetry \ geophysical buthvzoebic survey ufthe Canal was conducted to map the `contours o[ the Canal floor, to determine the depth of sediment that has a«cuoulabe since the Canal's initial construction, and to locate the position of buried pipelines and anomalies such as amukeo vessels and/or debris. The survey consisted of side-scan sonar, which was used to produce n mosaic of acoustic images of canal-floor b survey to produce locations and contour rnopa of buried ferrous b and sub-bottom profifing to determine the sediment thickness and the �eolo 'c)ayersbeneathtbe<�mmalbottnrn. The geophysical survey found that the Canal bottom is hard and well scoured, with little sediment. fhe bathyrnetry octoeLmnaikuack dbtUehnnmvvheoit was in the late 1800s. Tidal scour prevents appreciable accumulation ofsedio�eo originally ' Canal's bottom. The side-scan sonar and magnetometer Surveys located acoustic images of sunken boats, fallen pilings, abandoned tires, and seafloor debris along the Canal bottom. Approximately 30 sunken boats were located on the Canal floor, ranging frozo»voodeuzowboatebomeb]bu - The remains of many more sunken boats are aceLbaoed throughout the Canal, but are difficult to identify because of their varying stages of decay. Of particular note isaooppzoxizoete|v1OU-6noL by 700'foot rectangular area of sunken tires immediatelimmediately offshore of the n -o Wharf (approximately near parcels 7l'28g-6-I and 7I-289-5). None of the anomalies pose u hazard to navigation, and there is little likelihood that ally contaminants associated with theco vvnold impact environmental receptors after extended residence on the Canal bottom, However, if anomalies were retrieved from the Canal hoLhoru, special measures may be needed for proper disposal, due to asbestos or lead-based paints, for exwzuple. Sediment Characterization Sediment samples were collected from about two dozen locations along the bmdaro of Canal. None of the locations were near the City's shoreline, except one (near parcel 70-196-23). Sediments samples were analyzed for t | metals, and various other classes of organic cooLaohnonty, including polychlorinated bipheoyls(PCBa), semi-volatile organic compounds, and chlorinated herbicides, The analytical results of the sediment that could he sampled from locations near the centerline of the Canal do not indicate material levels of contamination. Shoreline Soil Characterization Soil samples were collected from nine }ocmdooa along the City's shoreline: six from the commercial/ industrial area northwest of the Fruitvale Bridge (ne,�r parcels 7/1-289-1, 71-289-5, 70-195-16, 70-196-23 (two samples), and 70-196-45), and three from the residential area, southeast of the bridge (near parcel,-; 69-1.30-222, 69-130-230, and 69-109-186). The soil analyses were similar to those for the sediment samples. Unlike the sediment samples, the shoreline soil samples were also analyzed for volatile organic compounds but, inexplicably, neither chlorinated herbicides nor PCBs, initialStuJ 62 OAKLAND INNER HARBOR TIDAL CANAL TRANSFER T'he Corps based the soil sample locations on prevIOUS and current land usage of adjacent properties. However, many of the areas of historical industrial activity listed in Table HM-1, above, do not have associated sarnples. Additionally, due to the lack of accumulated sediment on the Canal bottom, the sediment sample results do not provide useful inferences regarding shoreline conditions. Comparison of Soil in Comn-tercial / Industrial and Residential Areas Although t�y6a�k ESA m/���t���|�mp�s6nmt���/�i�oh�h�do� not � represent `au�b�otcoodibou�theyozeuaebdaaacontzastboareasodkoovvnbzduabba activity. Soil samples bono the six locations in the commercial /industrial area northwest of the Fruitva)e Bridge were markedly more contaminated than those from. the three locations ia the residential areaaou6heayioftheridge.ConbozoinantdiffenenceavvezecnosLaypareuLvriHzheavycnetals: • Antimony: samples les horn all six conzozercioi/;ndosbia) area locations had higher concentrations than the highest level seen mt arty o[6t-ie residential area locations. • C6rozuinnn' nickel, and selenium: five o( the six commercial /iodustrial area locations had higher concentrations dzen the highest level seen at any of the residential area locations. • four otthe six conun�*rdal/bxdumb�J area locations had higher molybdenum: than the highest level seen at any of the residential area • Cobalt, lead, and zinc: three of the six commercial /industrial area locations had higher concentrations than the highest level seen at any of dhe residential area locations. A similar, but less ced,, relationship occurred for petroleum contamination in soil samples. Four u/the ix commercial/ industrial area locations for diesel and three locations for cnoLoc oil had higher concentrations -nnx Uzao ��e highest level seen at any of the residential area locations, The observed soil contamination by pbnleoro and heavy metals is consistent with industrial wastes from these types of operations. Comparison of Soil wi.th RegElator)� Benchmarks The Phase D ESA compared soil sample analytical results with federal Preliminary Renzedladon Goals (PRGs) established in 2004 by the US. Environmental Protection Agency (USEPA), which revealed the following: • [bzuzniuoo: two of the six uorthvvenheoT industrialized locations exceeded the induebio|PRG. • Arsenic and lead: one of the six northwestern locations exceeded the industrial PRGs. No southeastern, residential soil samples had concentrations higher than industrial PRGs, but one sample location exceeded the residendalPRG for lead, The soil samples were taken prior to new regulatory benchmarks, which are now applicable to the Canal. In addition to iP\'a newer 2014 Regional Screening Levels replacing the 2004 PR(�s at the federal level, 000restdngeotCalifornia - 2013 Environmental Screening Levels (ESL*) would be applicable to any proposed 8r000d-disturbing activities. Soil cnntarnivarL levels compare less favorably (othe new ESL benchmarks than tnthe 2O04PD[s. Unlike federal PDGs, BBLa are established for petroleum products, too. Comparison ho the applicable ESLs revealed the b»Dow/in�� * Nickel: four of the six northwestern, industrialized locations exceeded industrial ESL. Initial Study OAKLAND INNER HARBOR TIDAL. CANAL TRANSFER 63 Copper-, lead, zinc, and diesel: three northwestern locations exceeded the industrial ESLs. • Motor oil: two northwestern locations exceeded the industrial ESLs. • Arsenic, chromium,. cobalt, and molybdenum: one northwestern location (each) exceeded the industrial ESLs. No southeastern, residential soil samples exceeded industrial ESLs, but one sample location exceeded the residential ESLs for lead and motor oil, although relatively low levels were observed. Contaminants (petroleum and heavy metals) in soil samples from multiple locations along the City's commercial/ industrial shoreline northwest of the Fruitvale Bridge are at higher concentrations than screening levels for industrial land use. The shoreline soil contamination is presumed to be due to historical industrial activities at onshore properties, Soil samples from along the residential shoreline (southeast of the Fruitvale Bridge) are much cleaner, with only one location having residential screening levels exceeded by relatively low levels of lead and motor oil. Due to the large project area and the limited amount of soil and sediment sampling, the sampling results do not rule out the presence of contamination in areas not sampled. The Corps' investigation reports do not include analytical results for PCBs in shoreline soil. The Phase 11 ESA concluded the soil sample results did not indicate an imminent threat to human health or the environment and that the current federal property adjacent to the Canal could be transferred without further characterization. However, if contaminated soil was disturbed in the future and excavated for disposal elsewhere, regulatory constraints Would restrict disposal options. The results of the Corps investigations indicated that low levels of metals or petroleum hydrocarbon contamination were present in soils at some locations, predominantly in the northwest commercial/ industrial shoreline area. Because there is currently no indication that substantial pollutant concentrations are present in the project area, and because shoreline disturbance is not planned at this time, the proposed Canal transfer should not result in exposure of people to substantial concentrations of hazardous materials. Once the Corps' permitting moratorium is removed following project implementation, repair of existing deteriorated docks, piers, and other shoreline structures may be proposed that could disturb contaminated soils, The level of impacts associated with subsequent repairs proposed along the waterfront likely would be limited in nature and any potentially significant impacts would be analyzed (and mitigated, as necessary) during a subsequent CEQA review process. I Less Than Potentlafty Significant Significant With Less Than Impact Mitigation Significant No Incorporated Impact Impact C) Enfit ha zardotts eirlissions or handle hawrdous oi- acutely haZardotis inaterials, substances, or wa-t' '� ' 0 0 0 rX within oiie-qt.wrte• inile Of W1 CXiStil7g or t7l•OpOs5ed school? Explanation: The proposed project would not emit hazardous erhissions, handle hazardous materials, or generate hazardous waste. There would be no project impact on schools related to generate Study 64 OAKLAND INNER HARBOR TIDAL, CANAL TRANSFER hazardous materials. Furthermore, although there is a school approximately 03 mile from the project site (Edison Elementary School, 2700 Buena Vista Avenue), there are no schools within one - quarter mile of the project site. Explanation: As discussed in more detail in Section VIII(b), above, the Phase I ESA performed for the project included a search of multiple federal and State agency databases for hazardous, materials release sites, hazardous materials use and storage sites, or hazardous waste generation, including those compiled pursuant to Government Code Section 65962.5. Although there are properties within the project area that are listed on regulatory databases due to historical storage or use of hazardous materials, presence of underground storage tanks, etc., the Phase 11 ESA did not identify current hazards in the project are related to hazardous materials. Please see Section VIII(b) for additional information. Less Then Significant Significant Poteratralf With Potentially With Less Than Significant Mitigation Significant Mo No Impact Incorporated Impact Impact d) Be Wated on a site which is inchided on It list of Impact e) For a project withiIi all airport land iise plait of', haZardoiis inaterialS sites compiled ptirsilant to Governnient Code Section 65962,15 and, (is a resltlt, 0 FX-1 El 7voidd it create a sislil ficanf hazard to the ptiblic or miles of a pidtlic airport or ptiblic use airport, would 0 0 the envh-ontlient? 0 the project result ill a sqfietI1 hazard Jbr people Explanation: As discussed in more detail in Section VIII(b), above, the Phase I ESA performed for the project included a search of multiple federal and State agency databases for hazardous, materials release sites, hazardous materials use and storage sites, or hazardous waste generation, including those compiled pursuant to Government Code Section 65962.5. Although there are properties within the project area that are listed on regulatory databases due to historical storage or use of hazardous materials, presence of underground storage tanks, etc., the Phase 11 ESA did not identify current hazards in the project are related to hazardous materials. Please see Section VIII(b) for additional information. Exglanation: Although Oakland International Airport is located less than I mile South of the Canal, the proposed property transfer would not expose people living and working in the area to a new hazard from airport operations. Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact impact J) For a project within the vicinity Of a private airstrip, would the project residt ill a sa-fe(y hazard for people El FX residing or working ill the project area? Exl2lanation: There are no private airstrips in the vicinity of the project site. Initial Studv OAKLAND INNER FIAR13OR TIDAL CANAL TRAWER 65 Less Than Significant Poteratralf With & Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) For a project withiIi all airport land iise plait of', where such a plait has riot been adopted, within trvo miles of a pidtlic airport or ptiblic use airport, would 0 0 0 the project result ill a sqfietI1 hazard Jbr people residing or working ill the project area? Exglanation: Although Oakland International Airport is located less than I mile South of the Canal, the proposed property transfer would not expose people living and working in the area to a new hazard from airport operations. Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact impact J) For a project within the vicinity Of a private airstrip, would the project residt ill a sa-fe(y hazard for people El FX residing or working ill the project area? Exl2lanation: There are no private airstrips in the vicinity of the project site. Initial Studv OAKLAND INNER FIAR13OR TIDAL CANAL TRAWER 65 Explanation.: The proposed property transfer does not have the potential to impair implementation of emergency evacuation or emergency response plan. n j Potentially ilricant Ignff ant With LessTan , h Significant Wes, I l " fan€ NO ; mpact t I Mitigation Igni ant NO Impact i trrtpw. It) Expose people or strtactttres to significant risk of toss, Inco rat impact g) Impair implementation (?f or physically interfere wit11 injtarrl, or death involving wile hind fires, inchifling —Impact an adopted erneiXency response plan or emeryengil 0 l El M e vactaatioo plan? where residences are interinixed with wildlands? k Explanation.: The proposed property transfer does not have the potential to impair implementation of emergency evacuation or emergency response plan. Explanation: The project is located in a fully built -out area with industrial, commercial, and residential development in the vicinity of the site. There are no wildlands in the project area, and therefore there is no potential for the proposed project to result in the exposure of people or structures to wildland fires. IX HYDROLOGY AND WATER QUALITY — Wotald the project. I n potentially Ignff ant With LessTan , h ig s Impact t 06gation l " fan€ NO Impa Impact Incorporated Impact i trrtpw. It) Expose people or strtactttres to significant risk of toss, �. i injtarrl, or death involving wile hind fires, inchifling where, wildlands are adjacent to urbanized areas or where residences are interinixed with wildlands? k Explanation: The project is located in a fully built -out area with industrial, commercial, and residential development in the vicinity of the site. There are no wildlands in the project area, and therefore there is no potential for the proposed project to result in the exposure of people or structures to wildland fires. IX HYDROLOGY AND WATER QUALITY — Wotald the project. I Explanation: While urban development has a high. potential to adversely affect water duality in surface beater bodies, due to the concentration and characteristics of water pollution sources in the urban environment, the proposed project would not include or authorize new development. Therefore, for the most part, the project would have no effect on water quality and would have no potential to violate eater duality standards or waste discharge requirements. Protection of Surface water duality is regulated by the U.S. Environmental Protection Agency (EPA) pursuant to the federal Clean Water Act (CWA), which prohibits certain discharges of stormwater containing pollutants except in compliance with a National Pollutant Discharge Elimination System (NPDES) permit. In California, the EPA has authorized the State Water Resources Control Board (SWRCB) to administer the NPDES stormwater permitting program, Initial Study 66 OAKLAND INNER HARBOR TIDAL CANAL TRANSFER Significant � Potentially 1 Significant t Mitigation Significant ifi ant tics Impa Impact In=porat d Impact Impact a) Violate any ivater titsalitly standards or waste �. i discharye retiiiirenients' Explanation: While urban development has a high. potential to adversely affect water duality in surface beater bodies, due to the concentration and characteristics of water pollution sources in the urban environment, the proposed project would not include or authorize new development. Therefore, for the most part, the project would have no effect on water quality and would have no potential to violate eater duality standards or waste discharge requirements. Protection of Surface water duality is regulated by the U.S. Environmental Protection Agency (EPA) pursuant to the federal Clean Water Act (CWA), which prohibits certain discharges of stormwater containing pollutants except in compliance with a National Pollutant Discharge Elimination System (NPDES) permit. In California, the EPA has authorized the State Water Resources Control Board (SWRCB) to administer the NPDES stormwater permitting program, Initial Study 66 OAKLAND INNER HARBOR TIDAL CANAL TRANSFER Water quality is regulated by two categories of NPDES permits addressing two types of storrnwater discharges: operational and construction. For operational discharges, the SWRCB has established two permitting programs, one for industrial dischargers, and the other is a, general storn-twater discharge permit issued to municipalities, generally referred to as a Municipal Regional Stormwater Permit (MRP), Cities and counties in the San Francisco Bay Area are covered Linder a sin-le MRP, NPDES Permit No. CAS612008 issued, to Bay Area jurisdictions by the San Francisco Bay Regional Water Quality Control. Board (RWQCB) (NPDES Order No. R2-2009-0074). This revised MR11 was issued on October 14, 2009 and replaced the previous permit originally issued in February 2003 with substantial new requirements for development and redevelopment projects. Because the proposed project would not include new development, it Would not require coverage under the MRP, and requirements of the MRP are not discussed further here. However, approval of the proposed Tidal Canal transfer is likely to lead. to sorne shoreline property owners adjacent to the Canal to initiate repairs to docks and other shoreline facilities. Some repairs could potentially involve some disturbance to the banks of the Canal, which could lead to erosion of soils, which could adversely affect water quality in the Canal. Potential impacts to water quality from construction activities are regulated by the NPDES Construction. General Permit (CGP) Order 2009-0009-DWQ, administered by the kWQCB. Order 2009-0009- DWQ requires project sponsors to implement construction Best Management Practices (BMPs) at the project site and comply with numeric action levels (NALs) in order to achieve minin-turn federal water quality standards. The CGP requires control of non-stormwater discharges as well as stormwater discharges. Measures to control non-stormwater discharges such as spills, Leakage, and dumping must be addressed ti-irough structural as well as non-structural BMPs. I Coverage Linder the CGP is required for projects that would disturb 1 acre or more of land. Any future potential construction/ repair activities that involved the disturbance of greater than I acre of land would require coverage under the CGP, Future projects entailing new construction or disturbance of a large area of land would require separate discretionary review by the City and would require separate environmental review pursuant to CEOA. The level of impacts associated with subsequent repairs proposed along the waterfront likely would be limited in nature and any potentially significant impacts would be analyzed (and mitigated, as necessary) during a subsequent CEQA review process. Exl2lanation: The proposed Tidal Canal transfer Would have no effect on groundwater recharge or groundwater supplies. Initial Study OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 67 Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Slib$talltiallif deplete groand7vater siipplies or ittlerfere substaritially with groundwater recharge sitch' that there wotifil be a net di;flcit in aqiiifer voittine or a lowering of the local gIVIOUIR717tel' table C" 0 rx level (e.g., the proditction rate of pre-existing Itearby Wells 7110tild drop to 17 level that would not support existing land uses or planned uses fin- -which perinits have been grantedI? - Exl2lanation: The proposed Tidal Canal transfer Would have no effect on groundwater recharge or groundwater supplies. Initial Study OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 67 Less Than PolentfaHy sjgnificant With Less Than Impact Mitigation Significant NO tricorpoirated Impact Impact 1 0 Substantial�ll alter the existing drainage pattern of file site or area, including thr�t-)ugh the alterati011 'If the course of a streani or river, iii a inanner which zVolild WSIdt III SU17SMIltial erosion or siltation oil- or ' Ex�)lanation: The proposed, project would not create any new imper0ous surfaces in the project area or otherwise alter the existin- drainage patterns on the project site. The potential for erosion to adversely affect water quality during shoreline repairs is discussed in Section lX(a), ^ d) Substantially alter the existhig drainage pattern Of [lie site or area, including through I-lie alteration of the ^°~'°^ of " =^""' or river, or s°°="'="jil increase the rate mumouot of sulface rmll'off iltu nmmnmr which mmuN/ rmsx8 in flooding on- or off- Thc project would not alter the Course ofa stream or river and would not alter the existing drainage pattern mf the site. There is therefore no potential for the project to increase the risk of on- or off-site flooding. Less Than Potentially Significant F Significant With Less Than Impact Witigation Significant No Incorporated Impact Impact e) Create or contribute runoff water that would exceed sources o .f polluted runof The proposed project would not create any new impervious surfaces in the project area and, therefore, would not increase the volume or rate otstorinmater runoff in the area. Although there is a potential for minor amounts of pollutants (c.8, fuel, paint, architectural coatings, solvents, etc.) to be spilled during the repair ofdocks and other shoreline facilities, which could be washed into the Canal, this would not be a substantial source of polluted runoff. Initial Study 68 OAKLAND INNER HARBOR TIDAL CANAL TRANSFER Explanation: The project's potential to degrade water quality is discussed in Sections IX(a) and IX(e). The project would not otherwise have the potential to substantially degrade water quality. Less Than Significant f Less Than Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact P Otherwise substantially degrade water (Palil`Y? 0 Fx- 1 El FE Explanation: The project's potential to degrade water quality is discussed in Sections IX(a) and IX(e). The project would not otherwise have the potential to substantially degrade water quality. Explanation: While the Tidal Canal itself lies within the 100-year flood zone, the upland properties adjacent to the Canal are mapped as Zone X by the Federal Emergency Management Agency (FEMA), which is the designation assigned to areas that have been determined to be outside of the 0.2 percent annual chance flood plain (i.e., the 500-year flood plain), 21 In any event, the project would not create new housing. Less Than Significant Potentially with I Less Than Significant Mitigation I Significant No Impact I I Incorporated J Impact Impact li) Place within a 100-yea• flood hazard area structures rx--1 0iicli zvould inipede or redirect flood flOWS? Explanation: As discussed in Section IX(g), above, the project site is not located within a "100 - year or 500-year flood hazard area. In addition, the project would not create new structures. 2'3 Federal Emergency Management Agency, Flood Insurance Rite Nlap, Alameda County, California and Incorporated Areas, Community Panel Number 06001CO088G, effective August 3, 20W Initial study OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 69 Less Than Significant ignificant with f Less Than Significant Mitigation Significant No Impact I Incorporated 1 Impact Impact g) Place 11otising ztiffiiij a 100-year flood /UlZal-d 171-C(I as Inapped oil afederal Flood H(?Zfftl Boundory or Flood 1 L-J Fx- 1 Insio-ance Rate M(7p or other flood liazzard delineation inap? Explanation: While the Tidal Canal itself lies within the 100-year flood zone, the upland properties adjacent to the Canal are mapped as Zone X by the Federal Emergency Management Agency (FEMA), which is the designation assigned to areas that have been determined to be outside of the 0.2 percent annual chance flood plain (i.e., the 500-year flood plain), 21 In any event, the project would not create new housing. Less Than Significant Potentially with I Less Than Significant Mitigation I Significant No Impact I I Incorporated J Impact Impact li) Place within a 100-yea• flood hazard area structures rx--1 0iicli zvould inipede or redirect flood flOWS? Explanation: As discussed in Section IX(g), above, the project site is not located within a "100 - year or 500-year flood hazard area. In addition, the project would not create new structures. 2'3 Federal Emergency Management Agency, Flood Insurance Rite Nlap, Alameda County, California and Incorporated Areas, Community Panel Number 06001CO088G, effective August 3, 20W Initial study OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 69 Exl2lanation: The proposed project would not develop new Structures or increase the resident or worker Population in the project area. It would therefore have no potential to expose people or structures to risks associate with inundation from a dant failure. Explanation: Tsunami,,, (seism.ic sea waves) are long-period waves that are typically caused by underwater dist-Lirbances (landslides), volcanic eruptions, or seismic events. Areas that are highly susceptible to tsunami inundation tend to be located in. low-lying coastal areas such as tidal flats, marshlands, and former bay margins that have been artificially filled but are still at or near sea level. While the Tidal Canal itself is within a tsunami inundation area, the adjacent uplands are not located within a tsunami inundation area, as mapped by the 'Cali fornia Emergency Management Agency," Furthermore, there are no aspects of the project that would increase the risk Of inundation by tsunami. A seiche is a free or standing wave oscillation(s) of the surface of water in an enclosed or semi- enclosed basin that may be initiated by an earthquake. Given its location adjacent to San Francisco Bay, the potential for a seiche run-up at the project site would not be greater than the potential for inundation by tsunami. In addition, there are no aspects of the project that would increase the risk of inundation by seiche in the project area. Debris flows, n-tudslicles, and mudflows begin during intense rainfall as shallow landslides on steep slopes. The rapid movement and sudden arrival of debris flows can pose a hazard to life and property during and immediately following a triggering rainfall. The project area is essentially flat, as is the surrounding area. There is therefore no potential for mudslides or debris flows. 21 California Emergency Nlanagernent Agency, Tsunami Inundation Map for Emergency Planning, State of California, Sin Francisco Bay Area, December 9, 2009. Initial Study 70 OAKLAND INNER HARBOR TIDAL CANAL TRANSFER Less Than Pof tiall g Significant With Less Than Significant Impact miligation significant NO Incotporated Impact Impact j) Intindation by seiche, tsintanti, oi- 1111.1(iflo7v? l 0 0 1 0 Q Explanation: Tsunami,,, (seism.ic sea waves) are long-period waves that are typically caused by underwater dist-Lirbances (landslides), volcanic eruptions, or seismic events. Areas that are highly susceptible to tsunami inundation tend to be located in. low-lying coastal areas such as tidal flats, marshlands, and former bay margins that have been artificially filled but are still at or near sea level. While the Tidal Canal itself is within a tsunami inundation area, the adjacent uplands are not located within a tsunami inundation area, as mapped by the 'Cali fornia Emergency Management Agency," Furthermore, there are no aspects of the project that would increase the risk Of inundation by tsunami. A seiche is a free or standing wave oscillation(s) of the surface of water in an enclosed or semi- enclosed basin that may be initiated by an earthquake. Given its location adjacent to San Francisco Bay, the potential for a seiche run-up at the project site would not be greater than the potential for inundation by tsunami. In addition, there are no aspects of the project that would increase the risk of inundation by seiche in the project area. Debris flows, n-tudslicles, and mudflows begin during intense rainfall as shallow landslides on steep slopes. The rapid movement and sudden arrival of debris flows can pose a hazard to life and property during and immediately following a triggering rainfall. The project area is essentially flat, as is the surrounding area. There is therefore no potential for mudslides or debris flows. 21 California Emergency Nlanagernent Agency, Tsunami Inundation Map for Emergency Planning, State of California, Sin Francisco Bay Area, December 9, 2009. Initial Study 70 OAKLAND INNER HARBOR TIDAL CANAL TRANSFER X. LAND USE AND PLANNING — i•Votald the prajcct: Less Than R € Significant Potentially with Less Than # Significant tiigaation Sicirtifrcant NO Impact Incorporated impact Impact 17) Phlisicratly dividc nn c:staillished LOataat1ta?tity? j 0 0 Explanation: The project area is currently fully developed with a variety of commercial, industrial, and residential uses. Although there is one large vacant parcel within the project area, the proposed project would not develop this site and would not authorize any new development elsewhere in the project area. The project would not include any new construction such as new off -site roadways that could physically divide an existing neighborhood, nor would it otherwise create any barriers to existing circulation within the comnrtunity. Therefore, implementation of the proposed project would not physically divide an established community. —_ Less Than f�tafaaatialf igni�nt with ' LmThan Signlficarrt t Mitigation� Impact Significant NO I Incorporated orporated impact Impact !a) Conflict with any applicable lraiid trse plan, 1p0licy, 0r regulation of an tig(nicy utrth jurisdiction over the project (hichidin , but not lb0ted to, the geiteral pr-� � i1 MX 171c711, specific pla?i, local coastal progrntra, 01' Z0ttttIg ordinance) adopted for the purposed of avoiding 0r 911itigotilIg an einfirf)Par ientCal effect? Explanation: Existing Alameda properties bordering the Tidal Carnal are within a wide variety of zoning districts and General Plan land use designations (see Sections 6 and 7 on page 1), including residential, commercial, industrial, and open space designations. The Canal itself is located within two zoning districts: west of the Fruitvale Bridge, it is within the E (Estuary) zoning district, east of the bridge it is assigned the O (Open Space) district. The Canal does not have a General Plan land use designation. Because the proposed project 'would not authorize any new uses or new development, there is no potential for the project to conflict with the General Plan or Zoning Ordinance, and a detailed review of these documents was not performed as part of this environmental review. The proposed project would include extension of the E (Estuary) zoning district to the portion of the Canal east of the Fruitvale Bridge, to cover all of the parcels within the Alameda side of the Tidal Canal. In addition, the project would amend the development standards for the Estuary zoning district to allow only docks, piers, boathouses, and other water - dependent uses as new uses, subject to subsequent discretionary review by the City. All future proposed uses in the Estuary District would require approval of a Conditional Use Permit, and would therefore be subject to discretionary review by the City, and would also require separate environmental review pursuant to CEQ . Initial Studv OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 71 Therefore, the proposed project would not conflict with any applicable land use plan, policy, or regulation of all agency with jurisdiction over the project adopted for the purposed of avoiding or mitigating an environmental effect, Explanation: There is no adopted habitat conservation plan (HCP) applicable to the City of Alameda. X1. MINERAL RESOURCES — Would the proliect: Less Than significant Potentiatly Significant Potentiallil Wdh Less Than Sficalit mitgation I Imp act NO 1-WOW(ated_ Impact Impact 0 Conflict with any applicable habitat conservation 0 C1 FX1 plan or natia-al cowintinity conservation plan? ___I Explanation: There is no adopted habitat conservation plan (HCP) applicable to the City of Alameda. X1. MINERAL RESOURCES — Would the proliect: Explanation; No regionally significant mineral deposits have been mapped on or in the vicinity of the project site. the site is within a large area classified as Mineral Resource Zone MRZ-1 by the California Department of Conservation's Division of Mines and Geology (DM G). "' The !RZ-1 designation is assigned to areas where sufficient data exists for a determination that no significant mineral deposits exist, or where it is judged that there is little likelihood for their. presence. Furthermore, the site is in a fully developed, urbanized area where mineral extraction would not be practical. Therefore, the project would not have all effect on the availability of mineral resources. California Department of Conservation, Division of Mines and Geology, Generalized Mineral Land Classification Map of the South San Francisco Bav Prodticti(.)ii-Cc)nstiii-iptioii Region (Plate I of 29),1996, Initial Stttdv 72 OAKLAND INNER HARBOR TIDAL CANAL -rRANSI-Ek Less Than Significant Potentiallil With Less Than S190mcant, Mjti ion Significant Impact tb 1r or Impact Impact a) Result in the loss of availability of a knouln inineral resource that would be of value to the region and the FX-1 residents qf the state? Explanation; No regionally significant mineral deposits have been mapped on or in the vicinity of the project site. the site is within a large area classified as Mineral Resource Zone MRZ-1 by the California Department of Conservation's Division of Mines and Geology (DM G). "' The !RZ-1 designation is assigned to areas where sufficient data exists for a determination that no significant mineral deposits exist, or where it is judged that there is little likelihood for their. presence. Furthermore, the site is in a fully developed, urbanized area where mineral extraction would not be practical. Therefore, the project would not have all effect on the availability of mineral resources. California Department of Conservation, Division of Mines and Geology, Generalized Mineral Land Classification Map of the South San Francisco Bav Prodticti(.)ii-Cc)nstiii-iptioii Region (Plate I of 29),1996, Initial Stttdv 72 OAKLAND INNER HARBOR TIDAL CANAL -rRANSI-Ek Less Than P Significant otentially With Less Than Significant Mitigation Significant No Impact, incorporated Impact Impact Result in the loss of iwailability of a 100711111- I intportant inhieral resource recovery site clelineatei-I on 17 local general ltilan, specific plan, or other land El 11 0 Ex use plan? Explanation: The Alameda General Plan does not identify any local mineral resources within the City. In any event, the project site area is developed with residential, commercial, and industrial uses, where extraction of mineral resources, were they to exist, would not be feasible. There is no potential for the project to have an adverse effect on the availability of significant mineral resources. XII. NOISE — Woulil the project result in: Explanation: Noise standards in the City of Alameda are established in the Health and Safety Element to the City of Alaineda General Plait as well as the Alameda Municipal Code. The Health and Safety Element sets the most stringent standards for residential uses, where noise environments of 60 decibels (dB) CNEL2(orless are considered "normally acceptable" and noise environments of between 60 dB and 70 dB CNEL are considered "conditionally acceptable," requiring noise insulation features for new development. The standards also include thresholds for "normally unacceptable" and "clearly unacceptable" noise levels, and provide less stringent noise thresholds for various non-residential land use,-,. Chapter 4-10, "Noise Control," of the Alameda Municipal Code also regulates noise in the community. Section 440.4 (Exterior Noise Standards) lists exterior noise standards for various noise-sensitive receiving land uses (single- or multi. - family residential, schools, hospitals, churches, public libraries, and commercial uses) as measured at the receiving land use. Section 4-10.7 includes exceptions to these noise standards, including, "noise sources associated with construction provided the activities take place between the hours of 7:00 a.m. to 7:00 p.m. Mondav through Friday or 8:00 a.m. to 5:00 p.m. on Saturdays." 26The Community Noise Equivalent Level KNEW is a descriptor of environmental noise based on the 24 -hour average sound level, with additional weighting of sound levels during the more sensitive evening and nighttime periods. Initial StUdy OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 73 Less Than PotentialN, Significant With Less Than I significant Impact Mitigation Significant No Incorporated Impact Impact a) Exposure of persons to or generation of noise 1MVIS in excess of standards estaNisheii in the local general 0 FX-1 plan or noise ordinance, or applicable standards of other a4,encies? Explanation: Noise standards in the City of Alameda are established in the Health and Safety Element to the City of Alaineda General Plait as well as the Alameda Municipal Code. The Health and Safety Element sets the most stringent standards for residential uses, where noise environments of 60 decibels (dB) CNEL2(orless are considered "normally acceptable" and noise environments of between 60 dB and 70 dB CNEL are considered "conditionally acceptable," requiring noise insulation features for new development. The standards also include thresholds for "normally unacceptable" and "clearly unacceptable" noise levels, and provide less stringent noise thresholds for various non-residential land use,-,. Chapter 4-10, "Noise Control," of the Alameda Municipal Code also regulates noise in the community. Section 440.4 (Exterior Noise Standards) lists exterior noise standards for various noise-sensitive receiving land uses (single- or multi. - family residential, schools, hospitals, churches, public libraries, and commercial uses) as measured at the receiving land use. Section 4-10.7 includes exceptions to these noise standards, including, "noise sources associated with construction provided the activities take place between the hours of 7:00 a.m. to 7:00 p.m. Mondav through Friday or 8:00 a.m. to 5:00 p.m. on Saturdays." 26The Community Noise Equivalent Level KNEW is a descriptor of environmental noise based on the 24 -hour average sound level, with additional weighting of sound levels during the more sensitive evening and nighttime periods. Initial StUdy OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 73 The project does not involve any subsurface disturbance or other construction or demolition activity, and does not involve any new operational activities and, accordingly, there is no potential for construction or operational noise impacts associated with the project. Dock repairs and other shoreline facility repairs that could occur following project approval would be Subject to separate discretionary review and approval and subject to the restrictions on construction hours. Noise from cotstruction activities that occur within the allowed construction hours is considered to comply with the City's noise ordinance. Based on the above considerations, the project would not result in exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance. Explanation: The proposed project would not generate perceptible amounts of groundborne vibration. Explanation: No permanent noise would be generated by the proposed project. Please See Section X11(a), above, for potential impacts associated with future repairs proposed along the waterfront. Less Than Potentially Significant With Less Than Significant Impact Mitigation Significant No Less Than Significant No IncoWraied Impact Impact b) Exposure of persons to or generation of exceSSIvc d) A substantial kinporary or periodic increase in El FRI g•oundborne vibration or groundborne noise levels-,' [3 0 FRI Explanation: The proposed project would not generate perceptible amounts of groundborne vibration. Explanation: No permanent noise would be generated by the proposed project. Please See Section X11(a), above, for potential impacts associated with future repairs proposed along the waterfront. Explanation: The project's potential noise impacts are addressed in Sections X11(a) and (c), above. ive. The project would not require or authorize major new construction or other potential sources of substantial temporary noise, Initial Study 74 OAKLAND INNER HARBOR TIDAL CANAL TRANSFER Less Than Potentially Significant Significant Impact With Mitigation Less Than Significant No Incorporated Impact Impact d) A substantial kinporary or periodic increase in ambient nolse levels in the project vicinitil above levels existing without the [3 0 FRI project? Explanation: The project's potential noise impacts are addressed in Sections X11(a) and (c), above. ive. The project would not require or authorize major new construction or other potential sources of substantial temporary noise, Initial Study 74 OAKLAND INNER HARBOR TIDAL CANAL TRANSFER Explanation: Although Oakland International Airport is located less than 2 mile south of the Canal, the proposed property transfer would not introduce new residents or workers to the area, and therefore would not expose people living and working in the area to excessive noise levels from airport operations. Less Than Less Than Significant Less Than Significant with Less Than Polentialty With Significant Mitigation Less Than Significant No Significant Impact Incorporated Impact Impact e) For a project locateti 114thin all airport ItVlti Use phIll Impact Incorporated Impact or, 70iere sucli a plan lias not been atiopteti, witlibi ❑ ❑ ❑ FX_1 tzoo ritiles of 17 ptiblic ail-port Or public liSe (?il-11011, either directly (for example, by proposing nezv liollies 7voidd the project expose people resitting or zvorking, ❑ ❑ CEO ill the project area to excessive noise levels? Explanation: Although Oakland International Airport is located less than 2 mile south of the Canal, the proposed property transfer would not introduce new residents or workers to the area, and therefore would not expose people living and working in the area to excessive noise levels from airport operations. Explanation: "There are no private airstrips in the vicinity of the project. X111. POPULATION AND HOUSING — Would tile project: Less Than Less Than Significant Potenbaffy With Less Than Significant with Less Than Significant Mitigation Significant No Significant impact Incorporated impact Impact J) For a project zoithin the z,icii!ity of"a private airstrip, Impact Incorporated Impact ivould the project expose people resitting or tvorking ❑ ❑ ❑ FX_1 in the project area to excessive noise levels? either directly (for example, by proposing nezv liollies Explanation: "There are no private airstrips in the vicinity of the project. X111. POPULATION AND HOUSING — Would tile project: Explanation: The proposed project Would not create new housing and would not construct new infrastructure. Therefore, it Would have no potential to induce population growth. Initial Study OAKLAND INNER HARBOR "f CANAL TRANSFER 75 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a) induce substantial population groulli in all area,, either directly (for example, by proposing nezv liollies ❑ ❑ ❑ CEO and businesses) or indirectly (for example, Hirotigit extension of roads or other iirftastrilcttire)? l — I Explanation: The proposed project Would not create new housing and would not construct new infrastructure. Therefore, it Would have no potential to induce population growth. Initial Study OAKLAND INNER HARBOR "f CANAL TRANSFER 75 Explanation: The project would not displace any existing housing; the project would have no effect on housing. Explanation: See Section XIII(b), above, XIV. PUBLIC SERVICES - Would the project result in substantial adverse physical impacts associated with [lie provision cif nezv or physically altered governinental -facilities, need for new or physically altered goverrunental facilities, the construction of which cotild cause sign flcant enviromnental irnpacts, in order to inaintain acceptable service ratios, response tunes, or other performance objectives for ally of the following public services: Less Titan Less Than Potentially Significant With Less T hart Potentially Significant WM Less Than Incorporated Impact impact Significant Impact Wigation Significant No Incorporated Impact Impact 17) Displace substantial nuinbers of existinq housing, necessitating they construction of replacement I I E] MX housing clsewhere? Explanation: The project would not displace any existing housing; the project would have no effect on housing. Explanation: See Section XIII(b), above, XIV. PUBLIC SERVICES - Would the project result in substantial adverse physical impacts associated with [lie provision cif nezv or physically altered governinental -facilities, need for new or physically altered goverrunental facilities, the construction of which cotild cause sign flcant enviromnental irnpacts, in order to inaintain acceptable service ratios, response tunes, or other performance objectives for ally of the following public services: Explanation: Fire response to the project site would be provided by the Alameda Fire Department (AFD), which operates four stations located throughout the City fifth station was closed in 2009). The AFD responds to approximately 14,000 alarms each year, about 71 percent of them for emergency medical service.`'` 7 In 2015'the Department had a Citywide average response time 4 minutes and 20 seconds. First response in the event of a fire or medical emergency would be provided by Fire Station No. 1, located at 2401 Encinal Avenue. The proposed project would not cause a substantial increase in demand for fire protection or emergency medical response services. It would not authorize construction of new structures, 27 Alameda Fire Department, Response Data, accessed April 20, 2016 at i Initial Study 76 OAKLAND INNER HARBORTIDAL CANAL TRANSFER Less Titan Potentially Significant With Less T hart Significant Impact Mitigation significant No Incorporated Impact impact a) Fire protection? 0 El nx Explanation: Fire response to the project site would be provided by the Alameda Fire Department (AFD), which operates four stations located throughout the City fifth station was closed in 2009). The AFD responds to approximately 14,000 alarms each year, about 71 percent of them for emergency medical service.`'` 7 In 2015'the Department had a Citywide average response time 4 minutes and 20 seconds. First response in the event of a fire or medical emergency would be provided by Fire Station No. 1, located at 2401 Encinal Avenue. The proposed project would not cause a substantial increase in demand for fire protection or emergency medical response services. It would not authorize construction of new structures, 27 Alameda Fire Department, Response Data, accessed April 20, 2016 at i Initial Study 76 OAKLAND INNER HARBORTIDAL CANAL TRANSFER and would therefore have no effect on fire protection services, and it would not increase the population of the project area. Explanation: Police protection would be provided to the project by the Alameda Police Department (APD), which operates out of a central station at 1555 Oak Street. The APD has a force of 88 sworn officers and 32 non-sworn full-time personnel.2' The APD's service area is divided into five patrol sectors; the project area is located. in Sector 3. The proposed project would not increase the population of Alameda, would not develop any new land uses, and would not generate new employees. Therefore, the proposed project would be expected to have no effect on demand for police protection services. Less Than i Potentially Significant 'rhan Significant With Less Mitigation Significant No Impact lh;rporated Impact Impact 19 Police protectlort? ❑ El 0 Explanation: Police protection would be provided to the project by the Alameda Police Department (APD), which operates out of a central station at 1555 Oak Street. The APD has a force of 88 sworn officers and 32 non-sworn full-time personnel.2' The APD's service area is divided into five patrol sectors; the project area is located. in Sector 3. The proposed project would not increase the population of Alameda, would not develop any new land uses, and would not generate new employees. Therefore, the proposed project would be expected to have no effect on demand for police protection services. Explanation: The project would not create new housing and would not increase the population of the City of Alameda. There is therefore no potential for the project to adversely affect schools. Less Than Less Than Significant Significant With Less Than Potentially with Less Than Impact Significant Mitigation Significant No 11 Impact incorporated Impact Impact c) Schools? 0 0 ❑ rX_1 Explanation: The project would not create new housing and would not increase the population of the City of Alameda. There is therefore no potential for the project to adversely affect schools. Explanation: As noted in Section IX(c), above, the project would not increase the population of Alameda, and therefore the project would have no effect on the demand for park services. City of Alarnecla Police Department, About the Alameda Police Department, accessed April 22, 2016 at: Initial Study OAKLAND INNER HARBOR'FIDAL CANAL. TRANSFER 77 Less Than Significant etially Pot n With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) Parks? I El 11 E] Explanation: As noted in Section IX(c), above, the project would not increase the population of Alameda, and therefore the project would have no effect on the demand for park services. City of Alarnecla Police Department, About the Alameda Police Department, accessed April 22, 2016 at: Initial Study OAKLAND INNER HARBOR'FIDAL CANAL. TRANSFER 77 e) Other public facilities? j El I El 0 ®R Explanation: As noted in Section IX(c), above, the project Would not increase the population of Alameda, and therefore the project would have no effect on the demand for other public facilities such as libraries, LM Than Significant Significani 001 Less Than Mitigation Significant NO Impact Incorporated Impact impact a) Would the project increase the use of existing neighborhood and regional parks Or other recreational -facilities such that substantial physical deterioration 0 0 Fx_1 of thefacility would occur or be accelerated? Explanation- As discussed in Section IX(c), above, the project would not increase the population of Alameda, and therefore it would have no effect on existing parks or other recreational facilities. Less Than Potentially Significant Significant With Less Then Impact hNfigation Significant No I Incorporated j Impact Impact b) Does the project include recreational facilities Or require the construction or expansion of recreational facilities ulhich ini, ght have an adverse physical effect on the environment? Explanation: The proposed project does not include construction of any recreational facilities, Initial Studer 7 8 OAKLAND INNER HARBOR TIDAL CANAL TRANSFER XV1. TRANSPORTATION/TRAFFIC — VVoulti the project: Explanation: The proposed project would not increase the Population of Alameda, would not develop any new land uses, and would not generate new employees. 'Therefore, the project would generate no operational traffic and would have no long-term effect on the existing circulation system in the City of Alameda or in the greater Bay Area. While some short-term traffic Could be generated by property owners making future repairs to their shoreline facilities, the level of traffic impacts likely would be limited both in magnitude and duration, and would not be expected to have a noticeable effect on the y existing g circulation system or conflict with the City's traffic standard,;. The exact level of impacts associated with future improvements along fl-te waterfront is speculative and would be analyzed as part of a separate discretionary review process. Potentially Significant Impact Less Than Significant Witt, Mitigation Incorporated 1 Less Than Significant Impact T I NO Impact 111) Conflict with an applicable plan, ordinance, or policy Significant With Less Than Significant establishing measures of e ffectiveness for the Significant No Impact Incorporated performance of the circulation system, taking into 1)) ColifliCt lVitil (PI appliCalde congestion inatiagement account all modes of transportation, including 1111ISS standards and travel demand mea,,;ures, or other transit and tioii-motorized travel and relevant El D FX_1 11 com Vollents of the circulation systein, inclutling but management agency for desigitateil roads or ' not limited to intersections, streets, ltighzvays and highways? freeways, pedestrian and bicycle paths, acrd mass transit? Explanation: The proposed project would not increase the Population of Alameda, would not develop any new land uses, and would not generate new employees. 'Therefore, the project would generate no operational traffic and would have no long-term effect on the existing circulation system in the City of Alameda or in the greater Bay Area. While some short-term traffic Could be generated by property owners making future repairs to their shoreline facilities, the level of traffic impacts likely would be limited both in magnitude and duration, and would not be expected to have a noticeable effect on the y existing g circulation system or conflict with the City's traffic standard,;. The exact level of impacts associated with future improvements along fl-te waterfront is speculative and would be analyzed as part of a separate discretionary review process. Explanation: The Alameda County Congestion Management Agency (CMA) is responsible for ensuring local government conformance with the Congestion Management Program (CMP) applicable to the City of Alameda. The threshold for CMP analysis in Alameda County is 100 peak -hour trips. There is no potential for the limited amount of short-term, repair-related traffic that could result from project approval to generate 1.00 peak-hour trips, Therefore, the project would not conflict with the Alameda County CMP. Initial Study OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 79 Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 1)) ColifliCt lVitil (PI appliCalde congestion inatiagement program, inchuffit& but riot hinited to level of service standards and travel demand mea,,;ures, or other CK standards estol7lishell lit! the countly coiigestioll management agency for desigitateil roads or highways? Explanation: The Alameda County Congestion Management Agency (CMA) is responsible for ensuring local government conformance with the Congestion Management Program (CMP) applicable to the City of Alameda. The threshold for CMP analysis in Alameda County is 100 peak -hour trips. There is no potential for the limited amount of short-term, repair-related traffic that could result from project approval to generate 1.00 peak-hour trips, Therefore, the project would not conflict with the Alameda County CMP. Initial Study OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 79 Explanation: The proposed project would have no effect on air traffic patterns. Less Than Significant Potentialty With Less Than Significant Mitigation Significant NO Impact IncoWated Impact Impact d) Substantially increase hazards due to a destgn feature (e.�., sharp cut-ves or dangerous intersections) El 11 El MR or incoinpatible uses (e.g.,fiv-m equipment)? I I I I E tanation: The proposed project would not create new offsite roads or intersections or alter existing offsite roadways. Any dock or other shoreline facility repairs that would be made following project implementation would occur entirely within existing properties, requiring o no modifications to existing access to the properties or internal circulation within the properties. There is no potential for the project to create new traffic hazards or increase existing traffic hazards. Less Than Less Than Potential V Significant I With Less Than Less Than Significa I Impact Mitigation Significant No Incorporated Impact Impact 0 Result in a Change in air traffic Patterns, illcludill� 0 0 rx-1 either an increase in, traffic levels or a change ill El El 1:1 nX location that result,-; in substantial safety risks? Explanation: The proposed project would have no effect on air traffic patterns. Less Than Significant Potentialty With Less Than Significant Mitigation Significant NO Impact IncoWated Impact Impact d) Substantially increase hazards due to a destgn feature (e.�., sharp cut-ves or dangerous intersections) El 11 El MR or incoinpatible uses (e.g.,fiv-m equipment)? I I I I E tanation: The proposed project would not create new offsite roads or intersections or alter existing offsite roadways. Any dock or other shoreline facility repairs that would be made following project implementation would occur entirely within existing properties, requiring o no modifications to existing access to the properties or internal circulation within the properties. There is no potential for the project to create new traffic hazards or increase existing traffic hazards. Explanation: For the reasons discussed in Section XVI(d), above, the project would have no effect on emergency access. Less Than Potentially ftan Signi t ith Less Than Significant Impact Mitigation Significant No Incorporated Impact Impact e) Result in inadequate e7nergency access? 0 0 rx-1 Explanation: For the reasons discussed in Section XVI(d), above, the project would have no effect on emergency access. Explanation: As discussed in Section XVI(a), above, the project would generate no operational traffic. The amount of short-term construction traffic that could be generated by property Initial Study 80 OAKLAND INNER HARBOR TIDAL CANAL TRANSFER Less Than Potentially Significant With Less Than Significant Impact Mitigation Significant No Incorporated Impact Impact J) Coitflict ivith adopted policies, plans, or programs regarding public transit, bicycle, or pedestrlau X, facilities, or otherwise decrease the perfornlance or safe(tl to suchfilcilities? Explanation: As discussed in Section XVI(a), above, the project would generate no operational traffic. The amount of short-term construction traffic that could be generated by property Initial Study 80 OAKLAND INNER HARBOR TIDAL CANAL TRANSFER owners and/or their contractors likely would be limited and would be analyzed during a separate discretionary review process. There are no aspects to the proposed project with the potential to conflict with adopted policies, plans, or programs pertaining to public transit, bicycle, or pedestrian facilities,, or to decrease the performance or safety of such facilities. XVIL UTILITIES AND SERVICE SYSTEMS — IVoidd the project.- Explanation: The proposed project would generate no wastewater, and therefore would have not potential to exceed applicable wastewater treatment requirements. Less Than Less Than Significant Potentially With Less Than Potentially ii Significant Mitigation Significant NO s Sigirtficant Impact Incorporated I Impact impact a) Excced wastewater treatinent reii0reineiits of the applicable Regioiial Walcr Qiialiql Control Board? 0 rx-� Explanation: The proposed project would generate no wastewater, and therefore would have not potential to exceed applicable wastewater treatment requirements. Explanation: The proposed project would not consume water, other than a negligible amount, potentially, associated with future temporary repairs to shoreline improverrients such as docks and piers. This use of water would be for clean-tip of construction /repair work, and would not be an ongoing or recurring demand. Such consumption -would represent an infinitesimally small percentage of existing water consumption in the City; there Would be no potential for this incremental, short-term demand to require construction of new or expanded water or wastewater treatment facilities. Less Than Potentially ii Significant with i Less Than Sigirtficant Significant Mitigation Significant '140 Potentially With Less Than incorporated f Impact Impact c) Reqiiire or result in the colistniction of new Significant Mitigation Signifi carit NO El Impact Incorporated Impact Impact b) Reqiiire or restilt in the coiistriictioii of iiezo water or callse si�gniflcant ewnroninental effects? Wastewater treablicilt facilities or expansion of FX__1 existing facilities, the construction Of Which COldii caitse sign> flcaiit environmental effects? Explanation: The proposed project would not consume water, other than a negligible amount, potentially, associated with future temporary repairs to shoreline improverrients such as docks and piers. This use of water would be for clean-tip of construction /repair work, and would not be an ongoing or recurring demand. Such consumption -would represent an infinitesimally small percentage of existing water consumption in the City; there Would be no potential for this incremental, short-term demand to require construction of new or expanded water or wastewater treatment facilities. Explanation: The proposed project Would not affect existing stormwater drainage facilities. It would not create new impervious surfaces or otherwise affect long-established drainage Initial Study OAKLAND INNER HARBOR TIDAL CANAL, TRANSFER 81 Less Than Potentially ii Significant with i Less Than Significant Mitigation Significant '140 Impact incorporated f Impact Impact c) Reqiiire or result in the colistniction of new Stol-1117i7afel- ciraiijage facilities or expansi011 of El 0 11 FX_1 existin,, facilities, the construction of which could callse si�gniflcant ewnroninental effects? Explanation: The proposed project Would not affect existing stormwater drainage facilities. It would not create new impervious surfaces or otherwise affect long-established drainage Initial Study OAKLAND INNER HARBOR TIDAL CANAL, TRANSFER 81 patterns within the project area. The project would not cause any increase in the generation of stormwater. It Would therefore have no effect on stormwater drainage facilities, Explanation: As discussed in Section XVII(b), above, the project would have no effect on water demand and, therefore, the project would have no effect on water supplies. e) Result in a determination by the wastewater treatinent provider which serves or may serve tile project that it has adequate capacity to serve the El El FX-1 project's ' projected i demand in addition to the provider's existing connuitnients? Explanation; See Section XVII(b), above. Less Than Potentialty Significant Significant With Less Than Mitigation Significant No Impact Incorpomted Impact Impact f) Be served by a landfill with sitfflcient permitted capacity to accoinntodate the project's solid waste disposal needs? Explanation: The project would not authorize any new development or new solid waste disposal. There is no potential for the proposed Canal transfer to generate solid waste that would exceed the existing permitted capacity of Altamont Landfill. The level of solid waste impacts associated with the construction of subsequent repairs proposed along the waterfront is speculative at this time and any potentially significant impacts would be analyzed (and mitigated, as necessary) during a subsequent CEQA review process. However, it is anticipated that the majority of waste generated by subsequent repairs along the waterfront would most likely consist of wood and/or concrete debris that could be recycled or composted. Initial Study 82 OAKLAND INNER HARBOR TIDAL CANAL TRANSFER ----------- Less Than Potentiatly Sipiftcant Significant With Less Than Impact W-Jugaftn Significant No Incorporated Impact Impact d) Have stiff cient water supplies available to serve the project from existing entitlements and resources., or I E] MR tire neiv or expanded entitlements needed? Explanation: As discussed in Section XVII(b), above, the project would have no effect on water demand and, therefore, the project would have no effect on water supplies. e) Result in a determination by the wastewater treatinent provider which serves or may serve tile project that it has adequate capacity to serve the El El FX-1 project's ' projected i demand in addition to the provider's existing connuitnients? Explanation; See Section XVII(b), above. Less Than Potentialty Significant Significant With Less Than Mitigation Significant No Impact Incorpomted Impact Impact f) Be served by a landfill with sitfflcient permitted capacity to accoinntodate the project's solid waste disposal needs? Explanation: The project would not authorize any new development or new solid waste disposal. There is no potential for the proposed Canal transfer to generate solid waste that would exceed the existing permitted capacity of Altamont Landfill. The level of solid waste impacts associated with the construction of subsequent repairs proposed along the waterfront is speculative at this time and any potentially significant impacts would be analyzed (and mitigated, as necessary) during a subsequent CEQA review process. However, it is anticipated that the majority of waste generated by subsequent repairs along the waterfront would most likely consist of wood and/or concrete debris that could be recycled or composted. Initial Study 82 OAKLAND INNER HARBOR TIDAL CANAL TRANSFER Explanation: Projects that would cost $100,000 or more to construct must divert at least 50 percent of all construction and demolition (C&D) debris generated by the project, as set forth in the City's Waste Management Plan Cirdinance.2" Applicants for permits for construction, demolition, and renovation projects that will cost less than $100,000 will be encouraged to divert at least 50 percent of all construction and demolition (C&D) debris generated by the project, and will be required to make a good-faith effort toward this goal. Applicants for repairs or renovations to docks and other shoreline facilities will be subject to this ordinance, and while such repairs are expected to be well below the threshold requiring 50-percent diversion. of C&D waste, they will be required to make a good-faith effort to achieve this level of diversion. Permit applicants will be expected to comply with applicable State and federal regulations pertaining to solid waste, and there is no reason to expect that approval of the proposed Canal transfer will result in any conflicts with applicable regulations. Poten Bally Significant Impact Less Than Less Than Significant Impact NO Impact a) Does the project have the potential to degratle the Signi icant with Less Than Significant Mitigation Significant No Impact, Incorporated J Impact Impact g) Coinply with fietieral, state, and local statoles (111(i El FX-1 11 rcgi,ilations relatetf to solid wiiste? levels , threaten to elintinate a plant . or aniinal El 11 Explanation: Projects that would cost $100,000 or more to construct must divert at least 50 percent of all construction and demolition (C&D) debris generated by the project, as set forth in the City's Waste Management Plan Cirdinance.2" Applicants for permits for construction, demolition, and renovation projects that will cost less than $100,000 will be encouraged to divert at least 50 percent of all construction and demolition (C&D) debris generated by the project, and will be required to make a good-faith effort toward this goal. Applicants for repairs or renovations to docks and other shoreline facilities will be subject to this ordinance, and while such repairs are expected to be well below the threshold requiring 50-percent diversion. of C&D waste, they will be required to make a good-faith effort to achieve this level of diversion. Permit applicants will be expected to comply with applicable State and federal regulations pertaining to solid waste, and there is no reason to expect that approval of the proposed Canal transfer will result in any conflicts with applicable regulations. Explanation: The project would not authorize any new development or ground- disturbing activities. The level of impacts associated with the construction of subsequent repairs proposed along the waterfront is speculative at this time and any potentially significant impacts would be analyzed (and mitigated, as necessary) during a subsequent CEQA review process. Accordingly, the project would not adversely affect biological resources, including fish habitat or fish Populations. The possibility for damage to historic or prehistoric cultural resources associated with subsequent improvements along the waterfront is remote and would be 21) City of Alameda, MUIIiCipill Code, Chapter XXI, Article VI, Section 21-24. Initial Study OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 83 Poten Bally Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact NO Impact a) Does the project have the potential to degratle the qnality of the enviromnent, stibstantially reduce the habitat Of (7 fi-511 or wildlife species, cause to fish or wildlife poptilation to drop below self-stistaining levels , threaten to elintinate a plant . or aniinal El 11 FX-1 0 coin tit ti nity, retince the wanber or restrict the range of a rare or Fend artgerect plant or annnal or ehininate intportant examples of the inajor periods of California history or prehistoily? Explanation: The project would not authorize any new development or ground- disturbing activities. The level of impacts associated with the construction of subsequent repairs proposed along the waterfront is speculative at this time and any potentially significant impacts would be analyzed (and mitigated, as necessary) during a subsequent CEQA review process. Accordingly, the project would not adversely affect biological resources, including fish habitat or fish Populations. The possibility for damage to historic or prehistoric cultural resources associated with subsequent improvements along the waterfront is remote and would be 21) City of Alameda, MUIIiCipill Code, Chapter XXI, Article VI, Section 21-24. Initial Study OAKLAND INNER HARBOR TIDAL CANAL TRANSFER 83 analyzed during a subsequent discretionary review process. Potential impacts to such resources associated with the project would be less tl- an significant. Explanation: No significant cumulative impacts were identified for the proposed project. As indicated above, once the Corps` permitting moratorium is removed following project implementation., repair of existing deteriorated docks, piers, and other shoreline structures my be proposed that could disturb cause potentially significant impacts. The level of impacts associated with Subsequent repairs proposed along the waterfront likely would be limited u1 nature and any potentially significant impacts would be analyzed (and nraitigated, as necessary) during a subsequent CEQA review process. Less Than Potentially Significant i a36aft with Less ate mitigation I Significant NO Impact, I IncoWraied I Impact Impact -, b) Does the project have impacts that are individ ualty � Significant Impact limited htrt cumulatively considerable? Significant No ("Cumulatively considerable" xieans that the i increriaetttal effects of a project are cmisiderrable when 0 El El 11 vieweii Xti connectiol? With the Gfkcts of past projects, [lac: effects of other current projects, and the effects cif iW probal7lefuture projects.) Explanation: No significant cumulative impacts were identified for the proposed project. As indicated above, once the Corps` permitting moratorium is removed following project implementation., repair of existing deteriorated docks, piers, and other shoreline structures my be proposed that could disturb cause potentially significant impacts. The level of impacts associated with Subsequent repairs proposed along the waterfront likely would be limited u1 nature and any potentially significant impacts would be analyzed (and nraitigated, as necessary) during a subsequent CEQA review process. Explanation: The project does not authorize any ground disturbance that would cause a substantial adverse effect on human beings. The level of impacts associated with subsequent repairs proposed along the waterfront is speculative at this time and any potentially significant impacts would be analyzed (anti mitigated, as necessary) during a subsequent CEQA review process. This Initial. Study /Mitigated Negative Declaration was prepared by Douglas Herring & Associates, with assistance from the City of Alameda. Initial study 84 OAKLAND INNER HARBOR TIDAL CANAL TRANsil"ER Less Than Potentially Significant with t , Less Than € Significant Impact Mitigation Significant No i in Wated' impact Impact 0 Does the project have environmental effia:~ts that will iW ci ?irSe ScaltStnXX[7t ?t adverse ces n ft oZ , either directly or indirectly? i � Explanation: The project does not authorize any ground disturbance that would cause a substantial adverse effect on human beings. The level of impacts associated with subsequent repairs proposed along the waterfront is speculative at this time and any potentially significant impacts would be analyzed (anti mitigated, as necessary) during a subsequent CEQA review process. This Initial. Study /Mitigated Negative Declaration was prepared by Douglas Herring & Associates, with assistance from the City of Alameda. Initial study 84 OAKLAND INNER HARBOR TIDAL CANAL TRANsil"ER 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 20th day of September, 2016, by the following vote to wit: AYES: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie and Mayor Spencer — 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this 21 st day of September, 2016. Clerk (� Lara Weisiger, !ty' City of Alameda APPROVED AS TO FORM: --Jane. 13. Kern, City Attorney tA City of Alameda