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Resolution 12691CITY OF ALAMEDA RESOLUTION NO. 12691 ADOPTING MITIGATED NEGATIVE DECLARATION, IS-95-5, FOR A PROPOSED INTERIM LEASING PROGRAM FOR THE INTERIM. REUSE OF NAVAL AIR STATION ALAMEDA WHEREAS, City of Alameda is the lead agency in the preparation of an Initial Study, IS-95-5, to determine the potential environmental effects that would be associated with a proposal to adopt an Interim Leasing Program for the interim reuse of Naval Air Station Alameda and proposals to approve two Use Permits under the Interim Leasing Program: 1) CALSTART - Reuse of Building 20 for a business incubator which includes the production of electric vehicles, and 2) City of Alameda - for reuse of Parcels 144 and 132 for a soccer field and parking area; and WHEREAS, a proposed Mitigated Negative Declaration was circulated for public comment between September 15, 1995 and October 4, 1995; and WHEREAS, the Planning Board held a public hearing on this Mitigated Negative Declaration on October 9, 1995, examined pertinent documents and comments and recommended that the City Council adopt Mitigated Negative Declaration, IS-95-5; and. WHEREAS, the City Council held a public hearing on this Mitigated Negative Declaration on October 9, 1995, and examined pertinent maps, drawings, and documents; and WHEREAS, the City Council has made the following findings: The projects do 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. Interim Lease Program: Each interim lease will be reviewed by both the City of Alameda and the Navy to ensure that adequate safeguards are imposed on the lessee to eliminate any potential environmental degradation. Further, due to requirements imposed by the Section 106 consultation pursuant to the National Historic Preservation Act, the Navy and the City of Alameda will be reviewing any proposed exterior modifications to ensure the context of the historical district is maintained. Building 20: The proposed project is in an existing developed industrial area of the base. No endangered, threatened, rare or sensitive species are present in the area, nor would any be affected by the proposed reuse. Conditions placed on the lessee will ensure that wetlands areas and endangered species habitat areas are not accessible. Proposed exterior modifications have been reviewed and approved by the State Historic Preservation Office. Parcels 144 and 132: The proposed project is in an existing developed area of the base. No endangered, threatened, rare or sensitive species are present in the area, nor would any be affected by the proposed reuse. Conditions placed on the lessee will ensure that wetlands areas and endangered species habitat areas are not accessible. These parcels are not located within the historic area. 2. The projects do not have the potential to achieve short term, to the disadvantage of long term, environmental goals. Interim Lease Program: The impact of the interim leases will be the reuse of existing facilities so there will be no shcrt-term additional impacts. Building 20: The proposed project is the reuse of an existing industrial hanger. No short-term impacts will be generated by this use. Parcels 144 and 132: The proposed project will have no short-term impacts because it is the reuse of an existing training field and parking area. 3. The projects do not have possible environmental effects which are individually limited but cumulatively considerable. Interim Lease Program: Although the interim leases will occur individually, they will all involve the reuse of existing facilities so the proposed interim leases will involve activities which are similar in scope and activities to those presently being conducted. Building 20: There are no cumulative impacts associated with the reuse of this airplane hanger facility for another industrial use which is similar in scope and activities being conducted and will be approved for an initial lease period of five years. 2 Parcels 144 and 132: There are no cumulative impacts associated with the reuse of this training field for another recreational use, a soccer field, which is similar in scope and activities being conducted, for a lease period of ten years. 4. The projects do not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. Interim Lease Program: Each interim lease involves the preparation of an Environmental Baseline Survey which the Navy uses for risk assessment. Only those parcels which are found not to have an adverse effect on human beings will be able to be leased. Building 20: The findings of the Environmental Baseline Survey for this property have determined that, with conditions, this property is suitable for lease. Although this building is -locat.6d within an air—Crash-- area, the impacts to humans are similar to those presently experienced by persons using this facility so the proposed project will not result in an increase in hazards to public safety. Parcels 144 and 132: The findings of the Environmental Baseline Survey for this property have determined that, with conditions, this property is suitable for lease. WHEREAS, the City Council finds that although these projects could have a significant effect on the environment with respect to soil distiacement, erosion, seismic safety, air quality, odors, water quality, fish and wildlife habitat, noise, light and glare, land use, risk of upset, emergency response plans, transportation, public services, utilities, and historic resources, there will not be a significant effect in this case because of the mitigation measures added to the projects; and WHEREAS, the City Council has reviewed the Mitigation Monitoring Program for the projects, attached hereto as Exhibit "A", which shall be adopted as part of this Resolution and finds that these mitigation measures adequately mitigate the environmental effects of the projects. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda hereby adopts Mitigated Negative Declaration, IS-95-5. BE IT FURTHER RESOLVED that the Council of the City of Alameda hereby adopts the Mitigation Monitoring Program, Exhibit "A". 3 EXHIBIT "A" MITIGATION MONITORING PROGRAM INTERIM LEASING PROGRAM, NAVAL AIR STATION ALAMEDA CALSTART INTERIM LEASE AND CITY OF ALAMEDA SOCCER FIELD INTRODUCTION Following are the mitigation monitoring programs for (1) the Interim Lease Program for Naval Air Station Alameda, (2) CALSTART (UP-95-11), and (3) the City of Alameda Soccer Field (UP-95-19). These programs describe the responsibilities of the project proponent(s) and the City of Alameda to assure compliance with the mitigation measures identified in the Environmental Initial Study, which are incorporated as conditions of approval of the Use Permits. 1. INTERIM LEASE PROGRAM Soil Displacement Pr000nent: interim lessees applying for a Use Permit shall specify whether their project will require utility trenching and/or soil stockpiling. City: If utility trenching is required, the construction permits will include conditions to ensure that there is adequate bracing during construction, that the soil is stockpiled or replaced and returned to its previous state upon completion of the trenching, and that dust is controlled. At the plan check and field check stage, City inspectors will verify compliance with these conditions. Dredging Proponent: Interim lessees applying for a Use Permit shall specify whether the use would occupy any of the piers or would require maintenance dredging. City: The Use Permit will include appropriate conditions for responsibility for maintenance dredging. The City will inform the Navy, which maintains the dredged channel, of these conditions. Seismic Safety Proponent: Interim lessees applying for a Use Permit shall provide information about the susceptibility to earthquake damage 1 of the building(s) proposed for use, based on the 1993 NAS Master Plan or more recent information. Ci v: Any interim lease involving buildings in need of seismic upgrading shall be required to upgrade those buildings prior to occupancy, as a condition of approval of the Use Permit. At the plan check and field check stages, City inspectors will verify compliance with this condition. Air Quality Proponent: Interim lessees shall specify whether their project will have air emissions or odors which require air quality permits for either new source emissions or the transfer of existing permits to new operators. Interim lessees shall obtain necessary permits from the Say Area Air Quality Management District and provide information to the City regarding air quality requirements, including equipment and/or monitoring. City: For any interim lease requiring a permit from the Bay Area Air Quality Management District, the City shall ensure that a permit is applied for and received by the proponenet. Any conditions imposed by the permit will be enforced by the Bay Area Air Quality Management District. Water Quality Proponent: Interim lessees shall provide detailed information in their Use Permit applications to determine whether water discharges may be associated with the proposed re-use. City: If it is determined that there is a potential water quality impact, the lessee shall be required as a condition of approval of the Use Permit to comply with the City's Urban Runoff Ordinance. Through spot field checks, City staff will verify compliance with this condition. Animal Life Proponent: Interim lessees shall provide detailed information about the locations of wetlands and/or endangered species habitat that are within one-half mile of the building(s) proposed for re- use. City: The City will work with the Navy and the U.S. Fish and Wildlife Service regarding the need for a Section 7 Consultation and appropriate conditions. These conditions will be included as conditions of approval of the Use Permit. These conditions may include prohibitions on visits to wetlands or endangered species habitat, participation in the maintenance costs for the protection of the California Least Tern, and/or prohibition of outdoor activities during the nesting and breeding season. The City will 2 inform the Navy and the U.S. Fish and Wildlife Service of these requirements. Thrcugh spot field checks, City staff will verify compliance with these conditions. No Proponent: Interim lessees shall provide information regarding anticipated noise generation levels, compared to the existing noise levels in the building(s) proposed for re-use. City: Any use found to increase the noise level may be required, as a condition of Use Permit approval, to mitigate noise levels. Mitigations may include insulating or baffling noise sources. At the plan check and field check stages, City inspectors will verify compliance with these conditions. Licht and Glare Proponent: Interim lessees applying for a Use Permit shall specify whether their project will require any additional exterior lighting, and shall specify the locations and intensities of this lighting. City: As a condition of approval of the Use Permit, all proposed exterior lighting will be required to be limited to the lowest intensity consistent with its purpose, and to be oriented downwards and away from sensitive receptors. At the plan check and field check stages, City inspectors will verify compliance with these conditions. Land Use Proponent: Interim lessees applying for a Use Permit shall describe in detail all activities proposed for each building. City: The City will evaluate all uses for conformance with the M-2 Zoning District and the Public Trust Doctrine. Uses not conforming to the M-2 district shall not be approved. Uses found to be inconsistent with the Public Trust Doctrine shall be limited in to no more than a total of 25 years (initial use permit plus extensions), if necessary. Emergency Response Plan City: Conditions of approval of any Use Permit shall require that the interim lessee provide information about the Navy's emergency response program to building occupants. City staff from the Fire Department Disaster Preparedness Division will verify compliance with this condition through spot checks. 3 Transportation /Circulation Proponent: Interim lessees applying for a Use Permit shall describe in detail the numbers of workers and visitors estimated to be in the building(s) at all times, their anticipated times of arrival, and their anticipated mode of transportation. Interim lessees shall also provide detailed information about expected access and egress by freight and service vehicles, including numbers and types of vehicles each day and their times of access and egress. City - Traffic Generation: The City will review the traffic generation of both the proposed use and the Navy operation. As the Navy drawdown continues, there will be a limited amount of capacity available for peak hour trips based on the reduction from the 1990 Navy traffic levels. This capacity will be made available on a first -come, first - served basis to interim lessees. Once the Navy peak hour capacity is depleted, each Use Permit will be conditioned to: * require pro rata payment of appropriate mitigations, or * provide an alternate transportation system management approach, such as remote parking with a shuttle service, subject to review and approval by the Engineering Division of the City of Alameda Department of Public Works, if it is determined that with the mitigation there will be no significant impact on peak hour traffic, or * require operation outside of a.m. /p.m. peak hours (starting times before 7:30 a.m. and ending times before 4:40 p.m.), so that the traffic generation will not impact those time periods and pro rata payment would not be necessary. Proponent - Traffic Improvements: Lessees whose interim uses change from being interim (i.e. 10 years or less) to long -term shall be responsible for payment of a pro rata share of mitigations for traffic impacts to other key intersections, such as Atlantic /Webster and Seventh /Harrison in Oakland, as a condition of approval of the Use Permit. Proponent - Transportation Systems Management: Each interim lessee with more than 50 employees shall be required to comply with the City's Transportation Systems Management program, as a condition of approval of the Use Permit. Requirements shall include periodic reporting by employers. (NOTE - Should the Lewis Bill pass in September 1995, this program will be modified to meet new State Law.) Proponent - Pedestrian and Bicycle Facilities: Each interim use shall be required to pay either a proportionate share of pedestrian and bicycle improvements or to install a proportion of 4 those improvements up to an equivalent amount. This proportionate share will be calculated based upon the existing deficiencies, the number of employees and the length of the interim lease. Interim uses of less than five years will not be required to pay for any improvements since their use is considered too temporary for cost recovery. Likewise, interim uses with less than fifty employees will not be required to pay for any improvements, consistent with the established threshold for the Transportation Systems Management program. Proponent will determine whether to contribute to an improvement fund or make the equivalent improvements. Each interim lessee shall also be required to install bicycle storage facilities for at least 5 percent of the expected workforce, as a condition of approval of the Use Permit. City - Pedestrian and Bicycle Facilities: The City Public Works Department will monitor and collect the improvement payments at the appropriate time or enter into agreement regarding what improvements should be made in order to satisfy an equivalent amount. City inspectors will verify compliance with the construction requirements at the plan check and field check stages of the interim uses. Public Services Proponent: Interim lessees applying for a Use Permit shall provide information about what, if anything, the proponent intends to provide related to fire protection, crime prevention, utilities, and other services. City: All Use Permits will include conditions to require the payment of a public service fee or payment in lieu of taxes for public services and utilities upon departure of the Navy. The City Finance Department will monitor and collect these payments at that time. Cultural Resources Proponent: All interim lessees within the Historic District shall advise the City of their intent to modify either the interior or exterior of the buildings and structures. Lessees whose use involves building modification shall complete a Section 106 consultation with the State Historic Preservation Office, and shall provide the City with information about the recommendations from that office. City: Use Permits for buildings within the Historic District will include recommendations from the State Historic Preservation Office as conditions of approval. City inspectors will verify compliance with these conditions at the plan check and field check stages. 5 Responsibility for Monitoring Costs Proponents shall be responsible for the costs associated with the requirements in the Mitigation Monitoring Program. A deposit shall be paid annually to the City Planning Department to cover the costs of the City's monitoring efforts during the construction phase and for each year of the lease. The amount of the deposit will depend upon the individualized program for each interim lease. The initial deposit shall be paid prior to the issuance of building permits for the project. In the event that the interim lease is extended beyond the initial lease period, or should the Planning Board require that the scope or intensity of City monitoring efforts be increased because of a documented need for additional review, the amount of deposit shall be renegotiated by Proponent and City. City staff will record the time spent in monitoring the development and operation of the project, and deduct said expenditures from the balance. Upon expiration of the monitoring program, the outstanding balance shall be refunded to the Proponent. In exception to this provision, City staff time devoted to plan check and construction phase inspections that are ordinarily associated with construction projects in the City of Alameda will not be billed to the Proponent under the Mitigation Monitoring Program. Instead, City plan check and building permit fees will be collected in accordance with City policy to address these costs. 2. CALSTART The following conditions of approval will be included in the CALSTART Use Permit and will be monitored by the City. Number of Employees and Building Use The maximum number of employees at Building 20 shall be 300; increases in the number of employees or expansion into other buildings shall be subject to another Use Permit. City staff will review employment records to verify compliance with this condition. Water Quality CALSTART shall comply with the City's Urban Runoff Ordinance. City staff will conduct spot checks of the premises to verify compliance with this condition. CALSTART shall be prohibited from using ground water. City inspectors will verify that adequate other sources of water are provided at the plan check and field check stages. 6 Animal Life Employees of CALSTART shall be prohibited from entering wetland areas or areas of endangered species habitat. City inspectors will verify compliance with this condition at the field check stage and through periodic spot checks of the premises. Land Use The Use Permit shall be for five (5) years. Any extensions of the Use Permit shall not exceed 25 years from the date of the original approval approval unless the use is found to be consistent with the Public Trust Doctrine. Emeraencv Response Program CALSTART shall provide information about the Navy's emergency response program to tenants. City staff will verify compliance with this condition through periodic spot checks of the premises. Transportation /Circulation CALSTART shall meet the City's Transportation Systems Management program requirements. (NOTE - Should the Lewis Bill pass in September 1995, this program will be modified to meet new State Law.) The City's Engineering Division will monitor compliance with this condition by reviewing periodic reports from employers. CALSTART shall either contribute $5,000 toward pedestrian, bicycle, and other transportation improvements or shall make such improvements at a cost not to exceed $5,000. The City will either collect this amount at the appropriate time or enter into agreement with CALSTART regarding what improvements should be made in order to satisfy an equivalent amount. CALSTART shall install bicycle storage facilities for at least 15 bicycles on site. City inspectors will verify compliance with this condition at the plan check and field check stages. The City shall work with AC Transit to have the "T" line bus route rerouted closer to Building 20 for the convenience of CALSTART workers. If successful in having the "T" line rerouted, the City shall install a bus shelter in front of Building 20 for the use of CALSTART workers. CALSTART may construct the shelter as part of, their transportation improvements required above. Public Services Upon the departure of the Navy, CALSTART shall pay a public service fee or payment in lieu of taxes for public services. The 7 City's Finance Department will collect this fee or payment at the appropriate time. Cultural Resources For any exterior modifications to the building, CALSTART shall obtain a Section 106 consultation with the State Historic Preservation Office, to ensure the modifications are appropriate and compatible and that they minimize impacts on the architectural integrity of the building. CALSTART shall inform the City of the recommendations of the State Office. City staff will verify compliance with these recommendations at the plan check and field check stages. Responsibility for Monitoring Costs CALSTART shall be responsible for the costs associated with the requirements in the Mitigation Monitoring Program. A deposit of $500 shall be paid annually to the City Planning Department to cover the costs of the City's monitoring efforts during the construction phase and for each year of the lease. The initial deposit shall be paid prior to the signing of the lease. In the event that the interim lease is extended beyond the initial lease period, or should the Planning Board require that the scope or intensity of City monitoring efforts be increased because of a documented need for additional review, the amount of deposit may be renegotiated by CALSTART and City. City staff will record the time spent in monitoring the development and operation of the project, and deduct said expenditures from the balance. Upon expiration of the lease and the monitoring program, the outstanding balance shall be refunded to CALSTART. In exception to this provision, City staff time devoted to plan check and construction phase inspections that are ordinarily associated with construction projects in the City of Alameda will not be billed to CALSTART under the Mitigation Monitoring Program. Instead, City plan check and building permit fees will be collected in accordance with City policy to address these costs. 3. SOCCER FIELD The following conditions have been placed on this Use Permit and will be monitored by the City. Soil Displacement Soil shall be stockpiled and replaced after installation of the sprinkler system. The property shall be returned to its previous state upon completion of the system. During the stockpiling of the soil, the soil shall be either covered or watered in order to control dust. City inspectors will verify 8 compliance with these conditions at the plan check and field check stages. Water Quality The soccer field operator shall comply with the City's Urban Runoff Ordinance. City staff will verify compliance with this condition through periodic site checks. Transportation/Circulation The City shall pay its proportionate share of traffic improvements. The City shall identify appropriate budgetary resources which will be available at the time of the construction of the improvements. The City shall install bicycle racks or bicycle storage facilities on site. City inspectors will verify compliance with this condition at the plan check and field check stages. The City shall install pedestrian facilities, crosswalks, and ramps on the site. City inspectors will verify compliance with this condition at the plan check and field check stages. Animal Life The soccer field shall be fenced to prohibit access to wetland areas or areas of endangered species habitat. City inspectors will verify compliance with this condition at the plan check and field check stages. Responsibility for Monitoring Costs All of the monitoring with the exception of the compliance with the Urban Runoff Program occurs during the construction phase of the project and is built into the cost of the project. Compliance with the Urban Runoff Program does not necessitate additional fees to be collected. mm:disk9:mitmon 9 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 adjourned regular meeting assembled on the 9th day of October , 1995, by the following vote to wit: AYES: Councilmembers Arnerich, DeWitt, Lucas, Mannix and President Appezzato - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 10th day of October , 1995. A. IAA Tammy Brixe} , Deputy City of Alarheda