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Resolution 12490CITY OF ALAMEDA RESOLUTION NO. 12490 ADOPTING MITIGATED NEGATIVE DECLARATION, IS-93-4, FOR CONSTRUCTION OF TWO STORM DRAINAGE OUTFALL STRUCTURES LOCATED ON PARCELS 1 AND 2 OF PARCEL MAP 5274 IN THE SOUTHEASTERN CORNER OF HARBOR BAY BUSINESS PARK. WHEREAS, an application was made on November 20, 1992 by the City of Alameda Assessment District #92-1, for an Initial Study, IS-93-4, to determine the potential environmental effects that would be associated with a proposal to construct two storm drainage outfall structures located on parcels 1 and 2 of Parcel Map 5274 in the southeastern corner of Harbor Bay Business Park; and WHEREAS, the subject property is designated Business Park on the General Plan Diagram; and WHEREAS, the subject property is located in a C-M (Commercial Manufacturing) Zoning District; and WHEREAS, during development of the specific project proposal, the City and its consultants received suggestions and recommendations from the California Department of Fish and Game, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, the Regional Water Quality Control Board, the San Francisco Bay Conservation and Development Commission (BCDC), the Port of Oakland, local biologist Leora Feeney, and the Harbor Bay Business Park Association. Many of their recommendations have been incorporated into the design of the project, the plans for the facility's operation and maintenance, and the program for maintenance of the Source Areas contributing storm water runoff to the system; and WHEREAS, a proposed Mitigated Negative Declaration was prepared by ENTRIX under contract with the City of Alameda, was circulated for public comment between September 21, 1993 and October 20, 1993 and circulated through the California State Clearinghouse (#93091079); and WHEREAS, no written comments were received; and WHEREAS, the potential for significant adverse impacts was identified in Initial Study 93-4 with respect to soil disruptions, topography, air quality, drainage patterns, surface runoff, increase in and discharge of surface water, diversity and/or changes in plant and animal species, reduction in the number of rare or endangered species, noise, public services and utilities and human health; and WHEREAS, on November 15, 1993, the Planning Board held a public hearing and then adopted Resolution No. 2449 recommending to the City Council the adoption of a Mitigated Negative Declaration; and WHEREAS, the City Council held a public hearing on this application on December 13, 1993, and has examined pertinent maps, drawings, and documents; and WHEREAS, the City Council has made the following findings: 1. The Initial Study identified potentially significant effects, but revisions in earlier project plans and certain measures included in the project would avoid the effects or mitigate the effects to a point where clearly no significant adverse effects would occur, and there is no substantial evidence before the Planning Board that the project as currently designed may have a significant adverse effect on the environment. 2. In adopting this Negative Declaration, the City Council has relied on the analysis of the biological consulting firm ENTRIX in concluding that the project does not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish and wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. Special attention was given to the impacts on the water quality of the Airport Lagoon, which provides habitat for fish and birds and is a foraging site for the California Least Ter., which nests on the Port of Oakland property nearby. The proposed project is expected to result in a net beneficial effect on water quality and habitat value of the Airport Lagoon. The minimum amount of wetlands are disturbed for the construction of the outfall facilities and are replaced with no net loss of wetlands. 3. The project does not have the potential to achieve short term, to the disadvantage of long term, environmental goals.- The drainage ditches and the original outfall pipes in the Bay Farm Island fill were temporary, short term solutions to accommodate storm water runoff during the pre-development phase of Harbor Bay Isle, and the proposed project provides appropriate infrastructure for the long term accommodation of storm water runoff for the ongoing development of the Harbor Bay Business Park. With the proposed mitigations, including an effective monitoring program, long term, environmental goals will be furthered, such as the protection and enhancement of water quality and assisting in the preservation of the habitat value of the Airport Lagoon, which provides foraging for an endangered species, the California Least Tern. 2 4. The project does not have possible environmental effects which are individually limited but cumulatively considerable. In making this mandatory finding of no significance, the City Council has considered the available information about storm water runoff into the Airport Lagoon from adjacent properties in the Harbor Bay Business Park and from the airport properties of the Port of Oakland under current and proposed activities and uses. 5. The project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. The storm water runoff passing through the project facilities is not used for drinking water or bathing, and the Airport Lagoon is not used for recreational purposes. Also, the project will reduce the possibility of flooding or storm drain back- ups in the Source Areas, which can have beneficial effects on human beings. 6. The proposed project is itself a mitigation measure to improve the quality of storm water currently draining into the Airport Lagoon and to accommodate storm water runoff as required by the City Engineer in conditions of approval for Tentative and Final Maps for the Harbor Bay Business Park. 7. The proposed project is part of a cooperative program between the City and the Port of Oakland to address storm drainage and water quality in the Airport Lagoon. 8. There is no other available site or project configuration which would reasonably and feasibly accommodate the storm water runoff from the Source Areas of the Harbor Bay Business Park. THEREFORE BE IT RESOLVED that the City Council finds that Mitigation Monitoring Program, as required by the California Public Resources Code Section 21081.6 and as set out in Exhibit "B" in the Initial Study prepared by ENTRIX dated September 1993, is adequate to address each of the impacts to a less than significant level, and that the Mitigation Monitoring Program be adopted and that City staff be directed to ensure that it is implemented as part of the co-struction of the storm water outfall. THEREFORE BE IT RESOLVED by the Council of the City of Alameda that the City Council hereby adopts Mitigated Negative Declaration, IS-93-4. 3 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 21st day of December , 1993, by the following vote to wit: AYES: Councilmembers Appezzato, Arnerich, Lucas, Roth and President Withrow - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22nd day of December, 1993. Patricia Calbreath, Deputy City Clerk City Alameda