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Resolution 14788 CITY OF ALAMEDA RESOLUTION NO. 14788 CERTIFING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE NORTH PARK STREET REGULATING CODE (STATE CLEARINGHOUSE #2011052058) WHEREAS, on March 16, 2011, the City of Alameda issued a Notice of Preparation notifying the public and relevant public agencies that the City of Alameda would be preparing a draft Environmental Impact Report (EIR) for the proposed North Park Street Regulating Code (the “Code”); and WHEREAS, on January 3, 2012, the City of Alameda circulated for public review a Draft Environmental Impact Report (DEIR) evaluating the potential environmental impacts of the proposed Code; and WHEREAS, the Draft EIR was circulated for a 45 -day public review period ending on February 22, 2012; and WHEREAS, the Planning Board held a public hearing to accept comments on the Draft EIR on February 13, 2012 and January 15, 2013; and WHEREAS, written responses were prepared addressing all significant environmental issues raised by commenters during the public review period and published as the EIR Response to Comments Addendum (Final EIR); and WHEREAS, the Planning Board held a public hearing on this Final EIR on January 15, 2013, examined pertinent maps and documents, considered the testimony and written comments received; and adopted a resolution recommending that the City Council certify the Final EIR; and WHEREAS, the City Council has made the following findings: 1. The Final EIR has been presented to and independently reviewed and considered by the City Council, 2. The Final EIR reflects the independent judgment and analysis of the City of Alameda, and 3. The Final EIR has been completed in compliance with the California Environmental Quality Act, and all applicable state and local guidelines; and WHEREAS, the certain findings regarding environmental impacts and mitigation measures, alternatives, the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations are necessary prior to adoption of the Park Street Regulating Code; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby certifies the Final Environmental Impact Report for the North Park Street Code. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council adopts the Findings of Fact Regarding Environmental Impacts and Mitigation Measures for the North Park Street Code And Associated Amendments (Attachment A), including the Findings of Fact Concerning Alternatives (Appendix B), the Mitigation Monitoring and Reporting Program (Appendix C) and the Statement of Overriding Considerations (Appendix D), all of which are attached hereto and incorporated herein by reference. * * * * * * * ATTACHMENT A FINDINGS OF FACT REGARDING ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES FOR THE NORTH PARK STREET CODE AND ASSOCIATED AMENDMENTS PROJECT DESCRIPTION: The North Park Street regulating code is a revision to the Alameda Municipal Code and Zoning Ordinance to bring the zoning code for the plan area into conformance with the City of Alameda General Plan. The proposed North Park Street Regulating Code would implement the City of Alameda General Plan, the principal policy document for guiding future development of the City, to better guide future development in the area consistent with land use policies for this area other elements of the City's General Plan. The Draft North Park Street Regulation Code is designed to implement the policies of the City of Alameda General Plan and the vision for development and reuse of the area established by the 2009 “Gateway District Strategic Plan” . The North Park Street Zoning Ordinance represents a comprehensive zoning update for the area bounded by the Oakland Alameda Estuary, Lincoln Ave. /Tilden Way, and Oak Street. The area currently provides lands zoned for industrial uses (M-1 and M-2 industrial lands), commercial and automobile related uses (CM and C-2 lands) and a limited number of blocks for residential uses (R4 and R-5 areas.). I. THE FINAL EIR: The Final Environmental Impact Report (“FEIR”) consists of the Draft EIR (“DEIR”), Responses to Comments Addendum and Text Revisions document. II. THE RECORD: The following information is incorporated by reference and made part of the record (“Record”) supporting these findings: a. The North Park Street Ordinance Amendments b. Associated citywide Zoning Amedments. c. The Design Manual Amendments. d. The Draft EIR. e. The FEIR including the DEIR, Responses to Comments Addendum and Text Revisions document and all documents relied upon or incorporated by reference. f. The Mitigation Monitoring and Reporting Program. g. All testimony, documentary evidence and all correspondence submitted to or delivered to the City of Alameda (“City”) in connection with the Planning Board public hearings 2012 and January 15, 2013 on the FEIR and DEIR. h. All testimony, documentary evidence and all correspondence submitted to or delivered to the City in connection with the Planning Board and City Council meetings associated with the certification of the FEIR. i. All staff reports, memoranda, maps, slides, letters, minutes of public meetings and other documents relied upon or prepared by City staff or consultants relating to the Project. j. These Findings and the Statement of Overriding Considerations adopted in connection with the Project. III. FINDINGS AND STATEMENT OF FACTS SUPPORTING FINDINGS The FEIR for the Project, prepared in compliance with the California Environmental Quality Act, evaluates the potentially significant and significant adverse environmental impacts which could result from adoption of the Project. Pursuant to California Code of Regulations (“CEQA Guidelines”) Section 15091, the City is required to make certain findings with respect to these impacts. The required findings appear in the following sections of this document. These Findings of Fact Regarding Environmental Impacts and Mitigation Measures (“Findings”) list all identified potentially significant and significant impacts of the Project, as well as mitigation measures for those impacts where possible. All mitigation measures will be enforced through the Mitigation Monitoring and Reporting Plan (“MMRP”), as incorporated as a condition of approval. With regard to impacts that cannot be mitigated to a less than significant level, the City nevertheless finds acceptable based on a determination that the benefits of the Project (listed in these Findings and in the Statement of Overriding Considerations) outweigh the risks of the potentially significant environmental effects of the Project. A. SIGNIFICANT OR POTENTIALLY SIGNIFICANT IMPACTS WHICH CAN BE AVOIDED OR MITIGATED TO A LESS THAN SIGNIFICANT LEVEL As authorized by Public Resources Code Section 21081 and the CEQA Guidelines Sections 15091, 15092, and 15093, the City finds that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental impacts listed below, as identified in the FEIR. These findings are supported by substantial evidence in the record of proceedings before the City as stated below. Each significant impact which can be reduced to a less than significant level is discussed below, and the appropriate mitigation measure stated, and adopted for implementation by approval of these Findings of Fact. Utilities: Impact UTIL-1: Use of existing substandard storm sewer or sanitary sewer transport facilities could contribute to peak wastewater or storm water flows that could exceed capacity of the existing sewage or storm drain transport and/or lift station facilities. Mitigation UTIL-1: Project sponsors for new construction projects or major renovations shall remove or reconstruct existing sewer and storm drain laterals that serve the site of the proposed development project to comply with City, EBMUD, and Regional Water Quality Control Board standards and to prevent infiltration/inflow to the maximum extent feasible. This measure would reduce the level of impact to less than significant. Findings. The City Council hereby makes finding (1). (Finding 1: Changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR.) Facts in Support of Findings. The following facts indicate the identified impact will be reduced to a less than significant level. Reuse of existing on-site laterals and other components of the antiquated system that serve sites proposed for development under the North Park Street Zoning Ordinance Amendments would exacerbate existing conditions. Construction of a new laterals system to replace the existing storm drain and sewer systems would avoid significant impacts associated with the deteriorated condition of the existing laterals. This measure will be enforced through the MMRP as a condition of approval. These facts support the City’s findings. Impact UTIL-2: Development proposals that exceed the General Plan development assumptions for the North Park Street plan area could cause an increase to peak wastewater or storm water flows that could exceed capacity of the existing sewage or storm drain transport and/or lift station facilities. Mitigation UTIL-2a: Prior to approval of a discretionary permit for a new construction or major renovations, City staff will confirm that the development proposal is consistent with the development projections for the area. If the proposed development exceeds the General Plan and Park Street development assumptions for the plan area, the project applicant shall be required to complete a wastewater and storm water capacity analysis to ensure that the development will not result in the need to upgrade or replace any off-site wastewater or storm water facilities. If the study indicates that off-site improvements are required, those improvements, or a fair share contribution to those facilities, shall be required of the project. Mitigation UTIL-2b: Project sponsors for new construction projects or major renovations shall provide drought tolerant landscape materials consistent with the California Model Water Efficient Landscape Ordinance or Bay Friendly Landscape Guidelines to reduce water use and storm water runoff. Findings. The City Council hereby makes finding (1). (Finding 1: Changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR.) Facts in Support of Findings. The following facts indicate the identified impact will be reduced to a less than significant level. Existing waste and storm water systems are designed and maintained to accommodate redevelopment of existing commercial areas consistent with the General Plan. The zoning ordinance amendments are designed to implement and be consistent with the General Plan. The mitigations measures will ensure that any new development that exceed these projections will address and provide for any additional improvements necessary to accommodate the additional needs. Furthermore, use of Bay Friendly Drought Tolorant materials will reduce waste and storm water capacity needs. Transportation: Impact TRANS- 1: New construction in the plan area could generate temporary traffic impacts on area roadways. (Potentially Significant) Mitigation Measure TRANS-1: All project applicants and construction contractors shall develop a construction management plan for review and approval by the Public Works Department prior to issuance of any permits. The plan shall include at least the following items and requirements to reduce traffic congestion during construction:  A set of comprehensive traffic control measures shall be developed, including scheduling of major truck trips and deliveries to avoid peak traffic hours, detour signs if required, lane closure procedures, signs, cones for drivers, and designated construction access routes.  The Construction Management Plan shall identify haul routes for movement of construction vehicles that would minimize impacts on motor vehicle, bicycle, and pedestrian traffic, circulation, and safety, and specifically to minimize impacts to the greatest extent possible on streets in the project area. The City shall approve the haul routes.  The Construction Management Plan shall provide for notification procedures for adjacent property owners and public safety personnel regarding when major deliveries, detours, and lane closures would occur.  The Construction Management Plan shall provide for monitoring surface streets used for haul routes so that any damage and debris attributable to the haul trucks can be identified and corrected by the project applicant. Findings. The City Council hereby makes finding (1). (Finding 1: Changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR.) Facts in Support of Findings. The following facts indicate the identified impact will be reduced to a less than significant level. During construction, trucks might utilize Park Street, Atlantic Avenue, Clement, the Webster and Posey Tubes, Park Street Bridge, and the Fruitvale Bridge. Some temporary lane closures on local streets could be required during construction. Lane closures could require rerouting of autos, buses, bicycles, and/or emergency vehicles. Some equipment and/or materials may not be transportable through the tubes. These special occurrences may require use of other bridge crossings or delivery by ferry. The construction management plan required by Mitigation Measure TRN-1 would address potential traffic issues caused by construction related activities to a less than significant level. This measure will be enforced through the MMRP as a condition of approval. These facts support the City’s findings. Biological Resources: Impact BIO-1: Renovation and demolition of buildings within the North Park Street Code area may result in the loss of bat roost sites. Implementation of the following mitigation measure would reduce potential impacts to bats to a less-than-significant level. Mitigation Measure BIO-1: Proponents of each project in the North Park Street Code area shall prepare a preconstruction survey of all buildings scheduled for demolition or renovation shall be conducted no more than 30 days prior to the initiation of demolition or renovation activities. Special attention shall be given to buildings where pallid bats were observed during the earlier survey or where measures to discourage roosting were implemented. If no bats or signs of an active roost are found, no additional measures are required. If a bat roost site is found, then measures shall be implemented to discourage roosting at the site. If a maternity colony of bats is found, the building and the bats shall not be disturbed until the young have dispersed, as determined by a qualified biologist. Findings. The City Council hereby makes finding (1). (Finding 1: Changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR.) Facts in Support of Findings. The following facts indicate the identified impact will be reduced to a less than significant level. Bats potentially roost in vacant buildings. Implementation Mitigation Measure BIO-1 would reduce potential impacts to the bats to a less-than-significant level. This measure will be enforced through the MMRP as a condition of approval. These facts support the City’s findings. Impact BIO-2: Sediment dredging and in-water construction activities in the Estuary could impact fish, aquatic bird species, and other aquatic organisms. Mitigation Measure BIO-2: All dredging and in-water construction activities shall be consistent with the standards and procedures set forth in the Long Term Management Strategy, a program developed by the Bay Conservation and Development Commission (BCDC), the Regional Water Quality Control Board (RWQCB), the U.S. Environmental Protection Agency (EPA), and other agencies, to guide dredging and the disposal of dredge materials in an environmentally sound manner. Findings. The City Council hereby makes finding (1). (Finding 1: Changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR.) Facts in Support of Findings. The following facts indicate the identified impact will be reduced to a less than significant level. Increased turbidity from dredging and in-water construction activities would be localized and of limited duration. The magnitude of the turbidity would depend in part on the number and type of dredges working at a given time, their locations, and measures implemented to reduce turbidity. Implementation of Mitigation Measure BIO-2 would limit impacts of dredging and in-water construction activities by requiring that all such activities be consistent with the standards of the Long-Term Management Strategy developed by the BCDC, RWQCB, and the EPA. This measure will be enforced through the MMRP as a condition of approval. These facts support the City’s findings. Cultural Resources: Impact CULT-1: Excavation activities associated with implementation of the North Park Street Code could adversely impact unidentified archaeological resources. Mitigation Measure CULT-1: In the event that previously unidentified cultural resources are discovered during site preparation or construction, work shall cease in the immediate area until such time as a qualified archaeologist and City of Alameda personnel can assess the significance of the find. The following measures shall be implemented at the time of the find:  Activity in the vicinity of the suspected resources shall be immediately suspended and City of Alameda personnel and a qualified archaeologist shall evaluate the find. Project personnel shall not alter any of the uncovered materials or their context.  If archeological resources are discovered, the City and the cultural resource consultant shall determine whether the resource is unique based on the criteria provided in the CEQA Guidelines and the criteria listed above. The City and developer, in consultation with a cultural resource expert, shall seek to avoid damaging effects on the resource wherever feasible.  If the City determines that avoidance is not feasible, a qualified cultural resource consultant shall prepare an excavation plan for mitigating the impact on the qualities that make the resource unique. The mitigation plan shall be prepared in accordance with CEQA Guidelines and shall be submitted to the City for review and approval. Findings. The City Council hereby makes finding (1). (Finding 1: Changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR.) Facts in Support of Findings. The following facts indicate the identified impact will be reduced to a less than significant level. Due to the location of the North Park Street area adjacent to the Oakland Estuary and in the vicinity of historical springs, the area has a moderate potential of containing unidentified cultural resources. Impacts to such resources could be considered significant under CEQA. Implementation of mitigation Measure CULT-1 would reduce the potential impact to unidentified cultural resources to a less-than-significant level in the event that previously unidentified cultural resources are discovered during site preparation or construction activities. This measure will be enforced through the MMRP as a condition of approval. These facts support the City’s findings. Impact CULT-2: Ground-disturbing activities associated with implementation of the North Park Street Code could unearth human remains interred outside of formal cemeteries. Mitigation Measure CULT-2: If human remains are encountered, work shall halt within 50 feet of the find and the County Coroner shall be notified immediately. A qualified archaeologist shall also be contacted to evaluate the situation. If the human remains are of Native American origin, the Coroner must notify the Native American Heritage Commission within 24 hours of this identification. Pursuant to Section 5097.98 of the Public Resources Code, the Native American Heritage Commission will identify a Native American Most Likely Descendent to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. Section 7050.5 of the California Health and Safety Code states that in the event of discovery or recognition of any human remains in any location other than a ,;"c dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined whether or not the remains are subject to the coroner’s authority. Findings. The City Council hereby makes finding (1). (Finding 1: Changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR.) Facts in Support of Findings. The following facts indicate the identified impact will be reduced to a less than significant level. The potential to uncover human remains exists at locations throughout the Bay Area. Prehistoric resources are more likely to occur in areas near bodies of water, such as the Oakland estuary, where there were high levels of Native American activity. Implementation of Mitigation Measure CULT-2 would reduce this potential impact to a less-than- significant level in the event that human remains are discovered during site preparation or construction activities. This measure will be enforced through the MMRP as a condition of approval. These facts support the City’s findings. Impact CULT-3: Implementation of the North Park Street Code could adversely impact unidentified paleontological resources. Mitigation Measure CULT-3: If paleontological resources are encountered during site preparation or construction activities, the following mitigation measures shall be implemented:  Activity in the vicinity of the suspected resource(s) shall be immediately suspended, and City of Alameda personnel and a qualified paleontological resource consultant shall be contacted to evaluate the find. Project personnel shall not alter any of the uncovered materials or their context.  If paleontological resources are discovered and the City and the paleontological resource consultant found that the resource is significant based on the criteria provided in the CEQA Guidelines and criteria listed above, the City and project developer, in consultation with a paleontological resource expert, shall seek to avoid damaging effects on the resource wherever feasible.  If the City determines that avoidance is not feasible, a qualified paleontological resource consultant shall prepare a salvage plan for mitigating the effect of the project on the qualities which make the resource unique. The project developer, in consultation with a qualified paleontologist, shall complete a paleontological resource inventory, declaration, and mitigation plan in accordance with the CEQA Guidelines and submit it to the City for review and approval. Findings. The City Council hereby makes finding (1). (Finding 1: Changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR.) Facts in Support of Findings. The following facts indicate the identified impact will be reduced to a less than significant level. The potential to uncover paleontological resources exists at locations throughout the Bay Area. Implementation of Mitigation Measure CULT-3 would reduce this potential impact to a less-than-significant level in the event that paleontological resources are discovered during site preparation or construction activities. This measure will be enforced through the MMRP as a condition of approval. These facts support the City’s findings. Noise: Impact NOISE-1: Buildout of the North Park Street Code could result in demolition, construction, and remodeling activities which could generate annoying noise or groundborne vibrations at neighboring land uses. Mitigation Measure NOISE-1: Developers and/or contractors shall create and implement development-specific noise reduction plans, which shall be enforced via contract specifications. The plan for attenuating construction-related noises shall be implemented prior to the initiation of any work that triggers the need for such a plan. If pile driving is required, “vibratory” pile driving should be used wherever feasible. The vibratory pile driving technique, despite its name, does not generate vibration levels higher than the standard pile driving technique. It does, however, generate lower, less-intrusive noise levels. Findings. The City Council hereby makes finding (1). (Finding 1: Changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR.) Facts in Support of Findings. The following facts indicate the identified impact will be reduced to a less than significant level. Construction activities associated with buildout of the North Park Street Area would involve building demolition, building construction, and utility and roadway reconstruction, which would create noise and vibration. Noise from construction activities would be intermittent during construction and would gradually occur over an extended period of time, driven by market conditions. Groundborne vibration from construction within the area could result from truck traffic to and from the site, but would primarily result from pile driving where needed. The location of the potential pile driving would probably be sufficiently distant from nearby receptors that any perceived groundborne vibration would not constitute a significant impact. Vibration due to pile driving would also be constrained to established time-of-day limits. Nevertheless, in order to ensure that demolition construction and remodeling activities do not create excessive noise or vibrations, implementation of Mitigation Measures NOISE-1a and 1b, enforced through the MMRP as conditions of approval, would reduce potential impacts to a less than significant level. These facts support the City’s findings. Impact NOISE-2: New development associated with implementation of the North Park Street Code could expose existing and/or new residences or other sensitive receptors to noise from stationary sources and traffic related noise that may exceed levels deemed acceptable. Mitigation Measure NOISE-2: New residential or noise-sensitive developments in the North Park Street Code shall be required to conduct acoustical studies, describing how the exterior and interior noise level standards will be met for the Project as well as any impacts on adjacent projects. Studies shall satisfy the acoustical requirements of Title 24, part 2, of the California Administrative Code, Noise Insulation Standards, for single family, multiple-family attached, hotels, motels, etc., regulated by Title 24. of the Uniform Building Code. All new projects shall show that they comply with maximum noise levels outlined in the City’s Noise Ordinance and the average sound level goals outlined in the City’s General Plan. Findings. The City Council hereby makes finding (1). (Finding 1: Changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR.) Facts in Support of Findings. The following facts indicate the identified impact will be reduced to a less than significant level. New projects developed under the area would be subject to the City’s Noise Ordinance and the policies included in the General Plan. The City’s Noise Ordinance outlines maximum noise levels allowed for stationary noise sources. Policy 8.7.e of the City’s General Plan requires acoustical analysis for new or replacement dwellings, hotels, and schools within the projected CNEL 60 dBA contour, or one-family dwellings not constructed as part of a subdivision requiring a final map within the projected CNEL 65 dBA contour. Implementation of Mitigation Measures NOISE-2a and 2b, enforced through the MMRP as conditions of approval, will avoid or substantially lessen the potential for stationary noise sources to impact new and existing residences. These facts support the City’s findings. Geology and Seismicity: Impact GEO-1: Occupants of future development within the North Park Street Code area would be subject to seismic-induced ground shaking. Mitigation Measure GEO-1: Grading, foundation, and structural design should be based on the anticipated strong seismic shaking associated with a future major earthquake on the Hayward fault. The Hayward fault is considered to be a Type A seismic source (with active slip and capable of a magnitude 7.0 or greater earthquake) under the 1997 Uniform Building Code (UBC) near-source factors. All structures shall be designed in accordance with the most recent edition of the City of Alameda Building Code. The applicant shall prepare an earthquake preparedness and emergency response plan for all public use facilities. The plan should be submitted for review and approval by the Planning and Building and/or Public Works Department, prior to occupancy of the structures. Prior to marketing residential or commercial units for sale, the developer shall prepare an earthquake hazards information document. This document should be made available to any potential occupant prior to purchase or rental of the housing units or commercial spaces. The document should describe the potential for strong ground shaking at the site, potential effects of such shaking, and earthquake preparedness procedures. Implementation of these measures would reduce the impact of seismic-induced ground shaking to less than significant levels. Findings. The City Council hereby makes finding (1). (Finding 1: Changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR.) Facts in Support of Findings. The following facts indicate the identified impact will be reduced to a less than significant level. Mitigation Measure GEO-1 requires that all structures be constructed in accordance with the most recent edition of the UBC and California Building Code for soft soil in Seismic Zone 4. The applicant shall also prepare an earthquake preparedness and emergency response plan for all public use facilities. Prior to marketing residential or commercial units for sale, the developer shall prepare an earthquake hazards information document to disclose the potential for seismic events. Implementation of Mitigation Measure GEO-1, enforced through the MMRP as a condition of approval, will therefore avoid or substantially lessen the potential exposure of site occupants to hazards associated with seismic induced ground shaking. These facts support the City’s findings. Impact GEO-2: Seismic-induced Ground Failure, including Liquefaction, Lurch-Cracking and Lateral Spreading may occur in the North Park Street Code area. Mitigation Measure GEO-2: Earthwork, foundation and structural design for proposed projects shall be conducted in accordance with all recommendations contained in a Geotechnical Investigation to be completed for each development site. Liquefaction potential analyses shall be conducted and a liquefaction mitigation program developed for each development within the North Park Street Code area. All structures proposed within the North Park Street Code area shall be designed and constructed in accordance with the most recently adopted version of the City of Alameda Building Code. Prior to the issuance of any grading or building permits for new buildings, geotechnical investigations shall be conducted for projects within the North Park Street Code area. Reports for these studies shall evaluate the liquefaction potential for each site in accordance with the Standard of Practice for Geotechnical Engineering and shall provide recommendations for stabilization or resistance of structures from the potential affect of liquefaction of sediments. The potential for lurch cracking and lateral spreading shall also be evaluated. Stability of the bulkhead for projects adjacent to bulkheads shall also be evaluated. Reports shall be submitted to the City of Alameda for review and approval. Implementation of these mitigation measures would reduce the impact of seismic-induced ground failure to less than significant levels. Findings. The City Council hereby makes finding (1). (Finding 1: Changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR.) Facts in Support of Findings. The following facts indicate the identified impact will be reduced to a less than significant level. Mitigation Measure GEO-1 requires that prior to the issuance of any grading or building permits, geotechnical investigations shall be conducted for the site. These geotechnical investigations would produce site specific recommendations for stabilization or resistance of structures from the potential affect of liquefaction of sediments. Implementation of Mitigation Measure GEO-2, enforced through the MMRP as a condition of approval, will therefore avoid or substantially lessen the potential for damage to Project improvements as a result of liquefaction. These facts support the City’s findings. Impact GEO-3: Expected continuing consolidation and land subsidence in the North Park Street Code area could result in damage to structures, utilities and pavements. Mitigation Measure GEO-3: Proponents for all projects within the North Park Street Code area shall be required to prepare a geotechnical report for review and approval by the City of Alameda that specifies all measures necessary to limit consolidation including minimization of structural fills and use (when necessary) of lightweight and low plasticity fill materials to reduce the potential for excessive loading caused by fill placement. The report shall present recommendations for specific foundation designs, which minimize the potential for damage related to settlement. The design of utilities shall consider differential settlements along utility alignments constructed in filled areas of the North Park Street Code area. Implementation of this mitigation measure would reduce the impact of continuing consolidation and land subsidence to less than significant levels. Findings. The City Council hereby makes finding (1). (Finding 1: Changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR.) Facts in Support of Findings. The following facts indicate the identified impact will be reduced to a less than significant level. As part of Mitigation Measure GEO-3, no grading permit will be issued until a detailed, site-specific geotechnical report analyzing consolidation potential is prepared and submitted to the City Department of Public Works for approval. The report will specify all measures necessary to limit consolidation and will present recommendations for specific foundation designs which minimize the potential for damage related to settlement. The measures specified and the recommendations presented will adhere to the standards identified in Mitigation Measures GEO-2 and GEO-3. Implementation of Mitigation Measure GEO-3, enforced through the MMRP as a condition of approval, will therefore avoid or substantially lessen the potential for damage to Project improvements as a result of continuing consolidation and land surface subsidence at the Project site. These facts support the City’s findings. Impact GEO-4: Damage to structures or property related to shrink-swell potential of North Park Street Code area soils could occur. Mitigation Measure GEO-4: The required geotechnical report shall require that subgrade soils for pavements consist of moisture-conditioned, lime-treated, or non-expansive soil, and that surface (including roof drainage) and subsurface water be directed away from foundation elements and into storm drains to minimize variations in soil moisture. Implementation of this mitigation measure would reduce the impact of expansive soils to less than significant levels. Findings. The City Council hereby makes finding (1). (Finding 1: Changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR.) Facts in Support of Findings. The following facts indicate the identified impact will be reduced to a less than significant level. As discussed in the DEIR, portions of the project site contain Bay mud deposits with moderate to high shrink/swell potential. As part of Mitigation Measure GEO- 3, no grading permit will be issued until a detailed, site-specific geotechnical report for each phase of the Project is prepared and submitted to the City Department of Public Works for approval. That report, as required by Mitigation Measure GEO-4, shall require that foundations and improvements are designed to reduce impacts from expansive soils, and that variation in soil moisture under and around building foundation elements are minimized by incorporating foundation designs and standards identified in Mitigation Measure GEO-3. Implementation of Mitigation Measure GEO-4, enforced through the MMRP as a condition of approval, will therefore avoid or substantially lessen the potential for damage to structures or property related to shrink-swell potential of Project soils. These facts support the City’s findings. Hydrology and Water Quality Impact HYD-1: Construction activities and post-construction site uses within the North Park Street Code area could result in degradation of water quality in the Oakland Estuary and the San Francisco Bay by reducing the quality of storm water runoff. Mitigation Measure HYD-1: All specific development projects approved pursuant to the North Park Street Code, and that involves site clearing, grading or excavation as part of the proposed construction activity and that result in soil disturbances of 1 or more acres, (and for projects of less than 1 acre if the construction activity is part of a larger common plan of development), shall be required to prepare a Stormwater Pollution Prevention Plan (SWPPP). To avoid unnecessary duplication of effort, the SWPPP prepared for the first site or development project within the North Park Street Code area may be used as the basis for a SWPPP required for subsequent projects, provided that each version of the SWPPP is modified as necessary to maintain compliance with the qualitative standards set forth in this EIR and with applicable regulations and standards of the RWQCB. Each SWPPP shall be designed to reduce potential impacts to surface water quality through the construction and life of the Project for which it is prepared. Each SWPPP shall conform to the requirements of the Alameda County Clean Water Program which set new standards effective February 2003, and to the standards set forth herein. Each SWPPP would act as the overall program document designed to provide measures to mitigate potential water quality impacts associated with implementation each proposed project. Preparers of each SWPPP should review the Conditions of Approval (including General Conditions for Construction, Residential Development/Construction Conditions, and Commercial/Industrial Conditions) established by the City. Each SWPPP shall include the following three elements to address construction, post-construction and pest management issues:  Specific and Detailed Best Management Practices (BMPs) Designed to Mitigate Construction-related Pollutants. These controls shall include practices to minimize the contact of construction materials, equipment, and maintenance supplies (e.g., fuels, lubricants, paints, solvents, adhesives) with storm water. The SWPPP shall specify properly designed centralized storage areas that keep these materials out of the rain. The contractor(s) shall submit details, design and procedures for compliance with storage area requirements.  An important component of the storm water quality protection effort is knowledge on the part of on-site construction and maintenance supervisors and workers. To educate on-site personnel and maintain awareness of the importance of storm water quality protection, site supervisors shall conduct regular meetings to discuss pollution prevention. The SWPPP shall establish a frequency for meetings and require all personnel to attend.  The SWPPP shall specify a monitoring program to be implemented by the con- struction site supervisor, and must include both dry and wet weather inspections. City of Alameda personnel shall conduct regular inspections to ensure compliance with the SWPPP.  BMPs designed to reduce erosion of exposed soil may include, but are not limited to: soil stabilization controls, watering for dust control, perimeter silt fences, placement of hay bales and sediment basins. If grading must be conducted during the rainy season, the primary BMPs selected shall focus on erosion control (i.e., keeping sediment on the site). End of pipe sediment control measures (e.g., basins and traps) shall be used only as secondary measures. If hydroseeding is selected as the primary soil stabilization method, these areas shall be seeded by September 1 and irrigated to ensure that adequate root development has occurred prior to October 1. Entry and egress from the construction site shall be carefully controlled to minimize off-site tracking of sediment. Vehicle and equipment wash-down facilities shall be designed to be accessible and functional both during dry and wet conditions.  Measures Designed to Mitigate Post-construction-Related Pollutants. The SWPPP shall include measures designed to mitigate potential water quality degradation of runoff from all portions of the completed development. It is important that post construction storm water quality controls are required in the initial design phase of redevelopment projects and not simply added after the site layout and building footprints have been established. The specific BMPs that would be required of a project can be found in SF Bay Regional Water Quality Control Board Staff Recommendations for New and Redevelopment Controls for Storm Water Programs. In addition, the design team should include design principles contained in the Bay Area Stormwater Management Agencies Association’s manual, Start at the Source, Design Guidance Manual for Stormwater Quality Protection. The selection of BMPs required for a specific project is based on the size of the development and the sensi- tivity of the area. The Estuary is considered a sensitive area by the RWQCB. In general, passive, low maintenance BMPs (e.g., grassy swales, porous pavements) are preferred. If the SWPPP includes higher maintenance BMPs (e.g., sedimen- tation basins, fossil filters), then funding for long term maintenance needs must be specified in the SWPPP as a condition of approval of the grading, excavation, or building permits, as appropriate (the City will not assume maintenance responsibilities for these features).  Integrated Pest Management Plan. An Integrated Pest Management Plan (IPM) shall be prepared and implemented by the Project for all common landscaped areas. Each IPM shall be prepared by a qualified professional. The IPMs shall address and recommend methods of pest prevention and turf grass management that use pesticides as a last resort in pest control. Types and rates of fertilizer and pesticide application shall be specified. Special attention in the IPMs shall be directed toward avoiding runoff of pesticides and nitrates into sensitive drainages or leaching into the shallow groundwater table. Pesticides shall be used only in response to a persistent pest problem. Preventative chemical use shall not be employed. Cultural and biological approaches to pest control shall be fully integrated into the IPMs, with an emphasis toward reducing pesticide application.  The City of Alameda Department of Public Works shall review and approve each SWPPP prior to the approval of the Development Plan for each project phase to ensure that the selected BMPs would adequately protect water quality. The City and the RWQCB are empowered to levy considerable fines for non-compliance with the SWPPP. Compliance with the approved SWPPP would mitigate the impact to a less-than-significant level. Findings. The City Council hereby makes finding (1). (Finding 1: Changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR.) The City Council hereby finds mitigation of the impact to be complete. Facts in Support of Findings. The following facts indicate the identified impact has been mitigated to a less than significant level. As part of Mitigation Measure HYD-1, a SWPPP will be prepared for each type or category of development within the Project area. The SWPPPs will include measures and practices designed to reduce erosion and protect storm water quality during construction, and substantially limit the degradation of runoff from all portions of the completed development. Compliance with the SWPPP will be ensured through regular inspections conducted by City of Alameda personnel, and through review and approval of the SWPPP prior to the approval of the Development Plan for each Project construction phase. Implementation of Mitigation Measure HYD-1, enforced through the MMRP as a condition of approval, will therefore avoid or substantially lessen the potential for degradation of water quality resulting from construction activities and post-construction site uses. These facts support the City’s findings. Impact HYD-2: Dredging that may be undertaken to develop a marina or be associated with maintenance of existing marinas, or reconstruction of bulkheads and infrastructure in the North Park Street Code area may cause impacts to water quality at the dredging and disposal sites. Mitigation Measure HYD-2: All dredging and in-water construction activities shall be consistent with the standards and procedures set forth in the Long Term Management Strategy, a program developed by the Bay Conservation and Development Commission (BCDC), the Regional Water Quality Control Board (RWQCB), the U.S. Environmental Protection Agency (EPA), and other agencies, to guide dredging and the disposal of dredge materials in an environmentally sound manner. Findings. The City Council hereby makes finding (1). (Finding 1: Changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR.) Facts in Support of Findings. The following facts indicate the identified impact will be reduced to a less than significant level. Increased turbidity from dredging and in-water construction activities would be localized and of limited duration. The magnitude of the turbidity would depend in part on the number and type of dredges working at a given time, their locations, and measures implemented to reduce turbidity. Implementation of Mitigation Measure HYD-2 would limit impacts of dredging and in-water construction activities by requiring that all such activities be consistent with the standards of the Long-Term Management Strategy developed by the BCDC, RWQCB, and the EPA. This measure will be enforced through the MMRP as a condition of approval. These facts support the City’s findings. Impact HYD-3: Site development under the proposed project could be subjected to flooding as a result of sea level rise. (Less than Significant) Mitigation Measure HYD-3: The project applicant shall design and construct the proposed seawall such that future adaptive management measures can be implemented to further protect upland areas from potential rising sea levels. Prior to construction, the [mal seawall design shall be reviewed by BCDC and in accordance with current guidelines regarding protection against sea level rise. Findings. The City Council hereby makes finding (1). (Finding 1: Changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR.) Facts in Support of Findings. The following facts indicate the identified impact will be reduced to a less than significant level. Each project shall be reviewed to ensure appropriate design is incorporated into the project to adapt to expected sea-level rise. Implementation of Mitigation Measure HYD-3 would establish the necessary protections to minimize potential impacts. This measure will be enforced through the MMRP as a condition of approval. These facts support the City’s findings. Hazardous Materials: Impact HAZ-1: Contaminated soils and groundwater have the potential to exist on many parcels located within the North Park Street Code area. These materials could present a health risk to construction workers and/or future workers and residents of the North Park Street Code area. This is a potentially significant impact. Mitigation Measure HAZ-1: Prior to the approval of any specific development projects within the North Park Street Code area, documentation from a qualified professional shall be provided to the City of Alameda stating that adequate soils and ground water investigations and, where warranted, remediation, have been conducted to ensure that there will be no significant hazard related risks to future site users. If the soil and groundwater investigations indicate that hazardous materials are present and pose a risk to construction workers and future site users, the following additional mitigation measures shall be implemented, and the City of Alameda will refer the site to the appropriate State and County agencies (such as Alameda County Environmental Health, the State Department of Toxic Substances Control and/or the San Francisco Bay Regional Water Quality Control Board) for oversight of the specific development project. Mitigation Measure HAZ-1a: If required as a result of the information obtained from Mitigation Measure HAZ-1, the City shall condition the subject development project to record a restrictive covenant prohibiting the installation or use of water wells into the shallow groundwater at the site for drinking water prior to transfer of the property. Mitigation Measure HAZ-1b: If required as a result of the information obtained from Mitigation Measure HAZ-1, the City shall condition the subject development project to require preparation by a qualified registered professional of a Site Management Plan (SMP) for the subject site as a condition of its approval as a specific development project. The SMP would provide site specific information for contractors (and others) developing the site that would improve their management of environmental and health and safety contingencies. Topics covered by the SMP shall include, but not be limited to:  Land use history, including known hazardous material use, storage, disposal, and spillage, for specific areas within the site.  The nature and extent of previous environmental investigation and remediation at the site.  The nature and extent of ongoing remedial activities and the nature and extent of unremediated areas of the project site, including the nature and occurrence of marsh crust and hazardous materials associated with the dredge material used as fill at the site.  A listing and description of institutional controls, such as the City's excavation ordinance and other local, State, and federal laws and regulations that will apply to development of the site.  Requirements for site-specific Health and Safety Plans (HASPs) to be prepared by all contractors at the site. The HASPs should be prepared by a Certified Industrial Hygienist and would protect construction workers and interim site users adjacent to construction activities by including engineering controls, monitoring, and security measures to prevent unauthorized entry to the construction site and to reduce hazards outside the construction site. The HASPs would address the possibility of encountering subsurface hazards and include procedures to protect workers and the public. If prescribed exposure levels were exceeded, personal protective equipment would be required for workers in accordance with DOSH regulations.  A description of protocols for the investigation and evaluation of previously unidentified hazardous materials that may potentially be encountered during project development, including engineering controls that may be required to reduce exposure to construction workers and future users of the site.  Requirements for site specific construction techniques at the site, based on proposed development, such as minimizing the transport of contaminated materials to the surface during construction activities by employing pile driving techniques that consist of driving the piles directly without boring, where practical. The SMP shall be distributed to all contractors at the development site; implementation of the SMP shall be a condition of approval for excavation, building, and grading permits at the site. The contractors will be required to hold a daily safety meeting with all construction workers and subcontractors on lands identified with Hazardous Material risks. Implementation of these mitigation measures would reduce the impact of contaminated soil and ground water to less than significant levels. Findings. The City Council hereby makes finding (1). (Finding 1: Changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR.) Facts in Support of Findings. The following facts indicate the identified impact will be reduced to a less than significant level. Mitigation Measure HAZ-1 requires site specific investigations to determine if hazardous conditions exist in the groundwater or soils on any project site to be developed. If hazardous conditions do exist, Mitigation Measure HAZ-1a allows the City to condition the subject project to record a restrictive covenant prohibiting installation of drinking water well at the subject site prior to any transfer of property. This measure would protect future occupants from hazards associated with contaminated groundwater at the Project site. If the hazardous conditions outlined under Mitigation Measure HAZ-1 exist, an SMP shall be required. The SMP, prepared by a qualified registered professional would provide site specific information for contractors (and others) developing the Project site that would improve their management of environmental and health and safety contingencies. The SMP will be implemented through the MMRP as a condition of approval for excavation, grading and building permits and would reduce this impact to a less than significant level. These facts support the City’s findings. B. SIGNIFICANT OR POTENTIALLY SIGNIFICANT IMPACTS THAT CANNOT BE AVOIDED OR MITIGATED TO A LESS THAN SIGNIFICANT LEVEL The City finds that specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or Project alternatives identified in the FEIR that would avoid the following significant impacts, and that specific economic, social or other considerations identified in the Statement of Overriding Considerations support approval of the Project despite these significant impacts. These findings are supported by substantial evidence in the record of proceedings before the City. Impact TRANS-2: Redevelopment of North Park Street consistent with the North Park Street Code will result in an increase in vehicle trips, which will contribute to reduced levels of service for transit vehicles, automobiles, and bicyclists. Improvements to increase travel speed for transit and/or automobiles could result in secondary impacts on pedestrian levels of service. (Significant and Unavoidable) Mitigation TRANS-2: To ensure that new development in the Plan area mitigates its potential significant impacts to transit, automobile, bicycle and pedestrian levels of service, all new development requiring discretionary actions by the City shall be: 1. Conditioned by the City to ensure that new driveway locations, parking areas, building locations, the adjacent public right of way and adjacent intersections are configured to minimize impacts to transit, automobile, bicycle, and pedestrian service. 2. Conditioned to close any sidewalk gaps that may exist along the project frontage, add street trees to any sidewalk frontage that does not currently include street trees, and close any unnecessary curb cuts on the project frontage to improve pedestrian safety and comfort and reduce pedestrian impacts. 3. Shall be reviewed to determine if the project traffic would constitute a considerable contribution (3% or more) to one or more of the impacted intersections (Park Street/Blanding Ave, Park Street/Clement Avenue, Clement/Oak, and Tilden/Blanding at Fernside Blvd. High Street/Fernside Blvd., High Street/Otis Drive, Island Drive/Doolittle Drive, Eighth Street/Central Avenue, Broadway/Otis Drive, Broadway/Tilden/Eagle, and Park/Pacific.). If the project does contribute 3% or more to any individual intersection, then the project shall be conditioned to:  TDM: Implement a City-approved Transportation Demand Management (TDM) program with the goal of reducing the number of peak hour trips generated by the project at the impacted intersections to less than 3%. The TDM program may include a variety of strategies to reduce vehicular traffic including, but not limited to: participation in a shuttle program or carpool program, park and ride facilities, purchase of AC Transit passes for residents or employees, and/or improvements at or adjacent to the site to improve pedestrian, bicycle, and/or transit travel modes. The City of Alameda Bicycle Plan and Pedestrian Plan also identify a number of improvements that are needed in the area, which might help decrease automobile trips in the area by improving pedestrian and bicycle facilities. If the City determines that the TDM Program is not sufficient to reduce the trips to a less than significant level, then the project shall also be conditioned to pay a fair share contribution to the improvement plan for the intersections at which the project would contribute 3% or more to the total traffic volume at the intersection. The fair share contribution shall be determined by the Public Works Director.  Bicycle Route: The project shall also be reviewed to determine if the project traffic would constitute a considerable contribution (3% or more) in traffic volume on Oak Street. If the project does contribute 3% or more on Oak Street, then the project shall be conditioned to implement a City-approved Transportation Demand Management (TDM) program. If the TDM Program is not sufficient to minimize the trips to a less than significant level, then the project shall also be conditioned to pay a fair share contribution to a bicycle improvement plan for the Oak Street, Tilden Way, and Clement Street Bicycle routes and/or iimproved bicyclist access to/from Park Street bridge per the Bicycle Mater Plan. The improvement plan and fair share contribution shall be determined by the Public Works Director.  In accordance with the General Plan Transportation Element Street Classification System, the improvements at the locations described above should be designed to improve transit service as a first priority, pedestrians service as a second priority, and bicycles service as a third priority.  Impact Fees. To ensure that all new development within the plan area contributes a fair share to improvements in the area to support all modes of transportation, the City of Alameda should prepare and consider a transportation impact fee on all new construction in the plan area. Findings. The City Council hereby makes finding (3). (Finding 3: Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or Project alternatives identified in the FEIR that would avoid this significant impact, and that specific economic, social or other considerations identified in the Statement of Overriding Considerations support approval of the Project despite this significant impact.) This impact will be lessened trough the implementation of Mitigation Measure TRN-2, but will still remain significant and unavoidable. This measure will be enforced through the MMRP as a condition of approval. Facts in Support of Findings. The following facts indicate the identified impact is significant and unavoidable. The existing roadway system and surrounding private development and private property ownership make widening of streets and roadways financially, practically, and politically infeasible. The historic pattern of streets and buildings in the area is integral to the success of Park Street and the ability to maintain a pedestrian friendly environment. Widening streets to increase capacity for automobiles is not supported by General Plan policy nor is it financially feasible. Impact TRANS-3: Implementation of the proposed North Park Street Coe would result in cumulative transportation impacts. These impacts would remain cumulatively considerable and a significant and unavoidable impact. Mitigation Measure TRANS-3: Implement Mitigation Measures TRANS-2. Findings. The City Council hereby makes finding (3). (Finding 3: Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or Project alternatives identified in the FEIR that would avoid this significant impact, and that specific economic, social or other considerations identified in the Statement of Overriding Considerations support approval of the Project despite this significant impact.) This impact will be lessened trough the implementation of Mitigation Measure TRN-2, but will still remain significant and unavoidable. This measure will be enforced through the MMRP as a condition of approval. Facts in Support of Findings. The following facts indicate the identified impact is significant and unavoidable. The existing roadway system and surrounding private development and private property ownership make widening of streets and roadways financially, practically, and politically infeasible. The historic pattern of streets and buildings in the area is integral to the success of Park Street and the ability to maintain a pedestrian friendly environment. Widening streets to increase capacity for automobiles is not supported by General Plan policy nor is it financially feasible. Green House Gases and Air Quality Impact GHG/Air-1: Adoption of the North Park Street Code and redevelopment of the plan area would contribute to greenhouse gas emissions. (Significant and Unavoidable) Mitigation Measure GHG/Air-1a: Mobile Emissions: Implement Mitigation Measure TRANS-2 and TRANS-3 to improve bicycle, pedestrian, and transit travel modes and reduce greenhouse gas from mobile emissions. Mitigation Measure GHG/Air-1b: Mobile Emissions: Consider amendments to the North Park Street Code to:  Require new businesses with 10 or more employees to provide: 1) secure employee bicycle parking, 2) transit pass for each employee, 3) Guaranteed Ride Home services, 4) Transportation Services information, and/or 5) preferred carpool parking.  Require new residential projects with 10 or more units to provide: 1) an on-site car- share program, 2) transit passes for each unit, 3) secure bicycle parking space for each unit either in each unit or in a single “bicycle cage”. Mitigation Measure GHG/Air-1c: Indirect Emissions: Consider amendments to the North Park Street Code to:  Allow for work/live units in new and rehabilitated buildings in the North Park Street Code planning area.  Require sustainable design and green building standards for all new, substantially expanded, and remodeled buildings to exceed the most current Uniform Building Code requirements and State energy criteria by 10%.  Prohibit wood-burning stoves and fireplaces in all new residential construction.  Require drought tolerant landscape materials consistent with the California Model Water Efficient Landscape Ordinance or Bay Friendly Landscape Guidelines.  Require “cool roof” design, and/or  Require rainwater collection systems. Findings. The City Council hereby makes finding (3). (Finding 3: Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or Project alternatives identified in the FEIR that would avoid this significant impact, and that specific economic, social or other considerations identified in the Statement of Overriding Considerations support approval of the Project despite this significant impact.) This impact will be lessened trough the implementation of Mitigation Measure GHG/Air-1, but will still remain significant and unavoidable. This measure will be enforced through the MMRP as a condition of approval. Facts in Support of Findings The following facts indicate the identified impact is significant and unavoidable. State and regional policies encourage and require the intensification of land uses within the urban core areas, such as Alameda and Oakland. Studies conducted by State agencies in support of these state policies and legislation show that concentration of development within the urban core will reduce greenhouse gas and air quality impacts statewide and regionally, but will increase greenhouse gas and air quality impacts at the local level within the urban core areas designated for intensification of use. Mitigation Measure GHG/AIR 1 will reduce these impacts, but the implementation of these measures to the maximum extent would not necessarily eliminate the significant increase in greenhouse gas and automobile emissions caused by intensification of use in the area. Impact GHG/Air-2: Construction activities within the North Park Street Plan Area would generate short-term emissions of criteria pollutants, including suspended and inhalable particulate matter and equipment exhaust emissions and potentially expose sensitive receptors to substantial pollutant concentrations. (Significant and Unavoidable) Mitigation Measure GHG/Air-2: During construction, all projects shall implement both BAAQMD’s basic and enhanced dust control procedures including the “basic” dust control program the following:  Water all active construction areas at least twice daily. Watering should be sufficient to prevent airborne dust from leaving the site. Increased watering frequency may be necessary whenever wind speeds exceed 15 miles per hour. Reclaimed water should be used whenever possible.  Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard (i.e., the minimum required space between the top of the load and the top of the trailer).  Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites.  Sweep streets (with water sweepers using reclaimed water if possible) at the end of each day if visible soil material is carried onto adjacent paved roads. o Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. o The “enhanced” dust control measures shall include the following:  Hydroseed or apply non-toxic soil stabilizers to construction areas and previously graded areas inactive for ten days or more  Enclose, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles of dirt, sand, etc.  Limit traffic speeds on unpaved roads to 15 miles per hour (mph)  Install sandbags or other erosion control measures to prevent silt runoff to public roadways  Replant vegetation in disturbed areas as quickly as possible Findings. The City Council hereby makes finding (3). (Finding 3: Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or Project alternatives identified in the FEIR that would avoid this significant impact, and that specific economic, social or other considerations identified in the Statement of Overriding Considerations support approval of the Project despite this significant impact.) This impact will be lessened trough the implementation of Mitigation Measure GHG/Air-1, but will still remain significant and unavoidable. This measure will be enforced through the MMRP as a condition of approval. Facts in Support of Findings The following facts indicate the identified impact is significant and unavoidable. State and regional policies encourage and require the intensification of land uses within the urban core areas, such as Alameda and Oakland. Studies conducted by State agencies in support of these state policies and legislation show that concentration of development within the urban core will reduce greenhouse gas and air quality impacts statewide and regionally, but will increase greenhouse gas and air quality impacts at the local level within the urban core areas designated for intensification of use. Mitigation Measure GHG/AIR 1 will reduce these impacts, but the implementation of these measures to the maximum extent would not necessarily eliminate the significant increase in greenhouse gas and automobile emissions caused by intensification of use in the area. Impact GHG/Air-3: Redevelopment of the North Park Street Area would result in an increase in operational emissions of criteria air pollutants from on-road motor vehicle traffic traveling to and from site and onsite area sources and potentially expose sensitive receptors to substantial pollutant concentrations. (Significant and Unavoidable) Mitigation GHG/Air-3: Implement Mitigations 1a, b, and c, and Mitigation -2. Findings. The City Council hereby makes finding (3). (Finding 3: Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or Project alternatives identified in the FEIR that would avoid this significant impact, and that specific economic, social or other considerations identified in the Statement of Overriding Considerations support approval of the Project despite this significant impact.) This impact will be lessened trough the implementation of Mitigation Measure GHG/Air-1, but will still remain significant and unavoidable. This measure will be enforced through the MMRP as a condition of approval. Facts in Support of Findings The following facts indicate the identified impact is significant and unavoidable. State and regional policies encourage and require the intensification of land uses within the urban core areas, such as Alameda and Oakland. Studies conducted by State agencies in support of these state policies and legislation show that concentration of development within the urban core will reduce greenhouse gas and air quality impacts statewide and regionally, but will increase greenhouse gas and air quality impacts at the local level within the urban core areas designated for intensification of use. Mitigation Measure GHG/AIR 1 will reduce these impacts, but the implementation of these measures to the maximum extent would not necessarily eliminate the significant increase in greenhouse gas and automobile emissions caused by intensification of use in the area. C. LESS THAN SIGNIFICANT IMPACTS The impacts listed below are less than significant impacts, even without the implementation of mitigation measures. 1. LAND USE 1.1 Compatible Land Uses with the Established Communities. 1.1.1 Less Than Significant Effect. The land uses proposed under the General Plan Amendment would be compatible with established communities. Mitigation. None required. Finding: The environmental impact with respect to the compatibility of proposed land uses with established communities is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. Implementation of the North Park Street Zoning Ordinance Amendments would not disrupt or divide the physical arrangement of the established community. The North Park Street Zoning Ordinance Amendments would change the land use designation of several properties and would facilitate redevelopment of existing developed sites. The proposed changes would support the transition of the area from industrial to a mix of commercial, marine, residential and open space and recreation uses. The redevelopment of the North Park Street Zoning Ordinance Amendments area would result in the development of uses that are more compatible with the adjacent residential and commercial and recreational uses that exist in the vicinity of the area. These facts support the City’s findings. Compatibility with the Alameda General Plan. 1.1.2 Less Than Significant Effect. The proposed Amendment would be compatible with the existing General Plan. Mitigation. None required. Finding: The environmental impact with respect to the compatibility with the Alameda General Plan is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. The proposed amendment would be consistent with the General Plan’s policies for Waterfront Sites, for Mixed Use Housing Development, policies for Shoreline Access, and policies regarding Reducing through Traffic in Residential Areas. These facts support the City’s findings. 1.2 Compatibility with the BCDC Plan. 1.2.1 Less Than Significant Effect. The proposed General Plan Amendment would be compatible with the existing BCDC San Francisco Bay Plan. Mitigation. None required. Finding: The environmental impact with respect to the compatibility with the BCDC San Francisco Bay Plan is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. The proposed North Park Street Zoning Ordinance Amendments would have no adverse impacts on the shoreline vis-à-vis the policies of BCDC’s San Francisco Bay Plan. Implementation of the North Park Street Zoning Ordinance Amendments would actually allow better and easier public access to the shoreline, through the transformation of current industrial land uses that limit recreational uses along the shore, to land uses that would facilitate and encourage public access to the shoreline. Therefore, implementation of the North Park Street Zoning Ordinance Amendments would be consistent with the BCDC Plan and policies and would generate beneficial land use impacts. These facts support the City’s findings. Compatibility with State Lands. 1.2.2 Less Than Significant Effect. The proposed Amendment would be compatible with the State owned lands. Mitigation. None required. Finding: The environmental impact with respect to the compatibility with the State lands is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. The North Park Street Zoning Ordinance Amendments would have no adverse impacts on Tidelands Trust lands. The North Park Street Zoning Ordinance Amendments does not necessitate relocation of any existing Tidelands Trust lands, nor does it propose any specific uses on Tidelands Trust encumbered properties that are not in compliance with Tidelands restrictions. The North Park Street Zoning Ordinance Amendments does not propose any specific uses on specific properties that are encumbered by the Trust that would be inconsistent with the Tidelands Trust limitations. These facts support the City’s findings. 2. POPULATION, EMPLOYMENT AND HOUSING 2.1 Induce Substantial or Unanticipated Population or Housing Growth. 2.1.1 Less Than Significant Effect. The proposed Amendment would not induce substantial or unanticipated population or housing growth. Mitigation. None Required. Finding: The environmental impact with respect to the induced substantial or unanticipated population or housing growth is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. Implementation of the North Park Street Zoning Ordinance Amendments over its planning horizon would result in population growth and employment growth that is well within the growth rate established by ABAG for the City over the next 20 years. Therefore, the North Park Street Zoning Ordinance Amendments would not result in substantial direct population or housing growth. These facts support the City’s findings. 2.2 Displace Population or Housing. 2.2.1 Less Than Significant Effect. The proposed Amendment would not displace persons or displace or destroy existing housing. Mitigation. None Required. Finding: The environmental impact with respect to displaced population or housing is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. Implementation of the proposed North Park Street Zoning Ordinance Amendments would not displace persons or displace or destroy housing located within the North Park Street Amendments area. 2.3 Jobs/Housing Balance. 2.3.1 Less Than Significant Effect. The proposed General Plan Amendment would not contribute to a future jobs/housing imbalance. Mitigation. None Required. Finding: The environmental impact with respect to the jobs/housing balance is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. The zoning proposes a mix of housing and jobs which will contribute to a jobs/housing balance. 2.4 Potential Effect on the Affordability of Housing. 2.4.1 Less Than Significant Effect. The proposed General Plan Amendment would result in a less than significant effect on the affordability of housing. Mitigation. None Required. Finding: The environmental impact with respect to affordable housing is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. The number and type of housing units proposed as part of the North Park Street Zoning Ordinance Amendments is well within ABAG’s RHND for the City. These facts support the City’s findings. 3. MUNICIPAL SERVICES 3.1 Police Services. 3.1.1 Less Than Significant Effect. The proposed Amendment would not result in an increased demand for police services. Mitigation. None Required. Finding: The environmental impact with respect to police services is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. It is not anticipated that residential growth or commercial and office activity would result in an increase in calls to such an extent that new police facilities or alterations to existing facilities would be needed. This increase in demand could be covered by a slight increase in the size of the existing police force. As a result, there would be no significant impacts related to police services from the North Park Street Zoning Ordinance Amendments. These facts support the City’s findings. 3.2 Fire and Emergency Services. 3.2.1 Less Than Significant Effect. The proposed Plan Amendment would not result in an increased demand for fire and emergency services. Mitigation. None Required. Finding: The environmental impact with respect to fire and emergency services is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. Anticipated response times to the North Park Street Zoning Ordinance Amendments area would be in conformance with response times to the rest of the City. Although the Fire Department has adequate equipment to provide emergency response to the area, much of the fleet is aging and in need of replacement. Development of the North Park Street Zoning Ordinance Amendments would increase the volume of emergency calls for first-in response apparatus. This could result in a need for additional equipment and traffic light control devices. The acquisition of new fire fighting equipment and the installation of traffic light control devices would not result in environmental impacts, and are themselves not considered to be significant environmental impacts. No mitigation would be required. These facts support the City’s findings. 3.3 Schools. 3.3.1 Less Than Significant Effect. The proposed General Plan Amendment would not result in an increased demand for school services. Mitigation. None Required. Finding: The environmental impact with respect to school services is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. The North Park Street Zoning Ordinance Amendments would generate new students for the schools serving the area. Payment of the School Facilities Mitigation Fee has been deemed by the State legislature to be full and complete mitigation for the impacts of a development project on the provision of adequate school facilities. The assessment of the adopted School Facilities Mitigation Fee ensures that the project would not result in a significant impact under CEQA, in accordance with Senate Bill 50, which became effective in 1998. These facts support the City’s findings. 4. UTILITIES 4.1 Water Supply. 4.1.1 Less Than Significant Effect. The proposed General Plan Amendment would result in an increased demand for potable water. However, EBMUD has sufficient capacity to serve the area. Mitigation. None Required. Finding: The environmental impact with respect to water supply is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. Buildout of the proposed North Park Street Zoning Ordinance Amendments area would lead to an increased demand for potable water in the area, due to the intensification of land uses in the area. However, EBMUD has sufficient capacity to serve the area in normal rainfall years, especially since the area is not a new user of EBMUD water service. Should a drought occur, the area would experience the same deficiencies as other existing and new EBMUD customers. These facts support the City’s findings. 4.2 Sanitary Sewer Subbasin Capacity. 4.2.1 Less Than Significant Effect. The proposed Amendment would result in an increased sanitary sewer flow. However, EBMUD has sufficient capacity to serve the area. Mitigation. None Required. Finding: The environmental impact with respect to sanitary sewer subbasin capacity is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. The additional sanitary sewage flows from North Park Street Zoning Ordinance Amendments area development will not exceed the EBMUD peak design treatment allotments. The EBMUD sanitary sewer flow allotments for sub-basins in Alameda were presented in a letter dated February 5, 2004. The estimated peak design flows, including those from the North Park Street Zoning Ordinance Amendments area development and all flows upstream from manhole FM-6 is less than the cumulative EBMUD treatment allotments. These facts support the City’s findings. 4.3 Storm Drainage. 4.3.1 Less Than Significant Effect. The proposed Amendment would result in a reduction of stormwater flow rather than an increase in runoff. Mitigation. None Required. Finding: The environmental impact with respect to storm drainage capacity is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. Redevelopment of the existing industrial or warehouse sites within the area will generally result in a reduction of storm run-off rather than an increase in runoff. Existing NPDES permit requirements will ensure that the water quality impacts of the reduced runoff will be minimized to a less then significant impact. Finally, if the capacity of the Arbor Street pump station needs to be increased, this work would be subject to existing rules and permit requirements, which prevent environmental impacts. These facts support the City’s findings. 4.4 Solid Waste. 4.4.1 Less Than Significant Effect. Solid waste generated by the buildout of the North Park Street Zoning Ordinance Amendments area (from building demolition and generation of associated debris) could jeopardize Alameda’s solid waste diversion goals. However, all existing regulations would reduce this impact to a level of less than significant. Mitigation. None Required. Finding: The environmental impact with respect to solid waste generation is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. Solid waste generated by the buildout of the North Park Street Zoning Ordinance Amendments area (from building demolition and generation of associated debris) could jeopardize Alameda’s solid waste diversion goals. Section 21 of the City of Alameda Municipal Code requires the project proponents to submit plans for managing construction debris from specific projects in the North Park Street Zoning Ordinance Amendments area to promote separation of waste types and recycling, and to provide for reuse of materials on-site for reconstructing infrastructure. These plans must be prepared in coordination with City staff, the specific Projects’ sponsor(s), and demolition subcontractors, and shall be approved by City staff prior to issuance of a demolition permit. This existing regulation reduces this impact to a level of less than significant. These facts support the City’s findings. 4.5 Electricity. 4.5.1 Less Than Significant Effect. The proposed Amendment would result in a demand for electricity. However, this demand would not require development of new sources of energy or construction of new electrical generation or transmission facilities, the construction of which would cause significant environmental impacts. Mitigation. None Required. Finding: The environmental impact with respect to electricity service is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. AMP does not anticipate any problems accommodating projected increases in electricity demand. Buildout of the North Park Street Zoning Ordinance Amendments area would not require development of new sources of energy or construction of new electrical generation or transmission facilities, the construction of which would cause significant environmental impacts. The proposed North Park Street Zoning Ordinance Amendments would not result in significant impacts related to electrical service. These facts support the City’s findings. 4.6 Natural Gas. 4.6.1 Less Than Significant Effect. The proposed Amendment would result in a demand for natural gas services. However, buildout of the North Park Street Zoning Ordinance Amendments area would not require development of new sources of energy or construction of new natural gas transmission facilities, the construction of which would cause significant environmental impacts. Mitigation. None Required. Finding: The environmental impact with respect to natural gas service is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. PG&E does not anticipate any problems accommodating projected increases in demand for natural gas. These facts support the City’s findings. (See also DEIR, IV.D-9). 4.7 Telecommunications. 4.7.1 Less Than Significant Effect. The proposed Amendment would result in a demand for telecommunication services. However, buildout of the North Park Street Zoning Ordinance Amendments area would not require development of new sources of telecommunications facilities, or expansion of existing facilities, the construction of which would cause significant environmental impacts. Mitigation. None Required. Finding: The environmental impact with respect to telecommunication services is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. Buildout of the North Park Street Zoning Ordinance Amendments area would not require the development of new major telecommunications facilities, or expansion of existing facilities to serve the new development, the construction of which would cause significant environmental effects. The proposed North Park Street Zoning Ordinance Amendments would not result in significant impacts related to telecommunications services. These facts support the City’s findings. 5. TRANSPORTATION AND CIRCULATION 5.1 Consistency with Existing or Planned Transit Services and Facilities. 5.1.1 Less Than Significant Effect. Adoption and implementation of the North Park Street Zoning Ordinance Amendments would not be expected to result in a significant impact on existing or planned transit services. Mitigation. None Required. Finding: The environmental impact with respect to consistency with existing or planned transit services and facilities is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. The transit and transportation policies in the North Park Street Zoning Ordinance Amendments serve to mitigate the potential significant impacts of the land use and development policies within the North Park Street Zoning Ordinance Amendments. Therefore, the adoption and implementation of the North Park Street Zoning Ordinance Amendments in combination with the City’s existing TCMP and TDM requirements would not be expected to result in a in a significant impact on existing or planned transit services. These facts support the City’s findings. (See also DEIR, IV.E-18). 5.2 Emergency Access. 5.2.1 Less Than Significant Effect. The North Park Street Zoning Ordinance Amendments provides for an orderly pattern of development and improvements to a number of existing, substandard roads and sites with limited access. Therefore, impacts to emergency access would be less than significant. Mitigation. None Required. Finding: The environmental impact with respect to emergency access is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. Implementation of the North Park Street Zoning Ordinance Amendments will increase and improve emergency access in the area. Extension of Clement Street, improvement of Entrance Road, extension of Paru, extension of Hibbard, and provision of public access into and around the Encinal Terminal site will all improve emergency access in and through the area. These facts support the City’s findings. (See also DEIR, IV.E-19). 5.3 On-Site Circulation and Access. 5.3.1 Less Than Significant Effect. Implementation of the North Park Street Zoning Ordinance Amendments is not expected to result in any significant on-site circulation or access impacts. Mitigation. None Required. Finding: The environmental impact with respect to on-site circulation and access is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. As with emergency access, on-site circulation and access would be expanded and improved with adoption and implementation of the North Park Street Zoning Ordinance Amendments. These facts support the City’s findings. (See also DEIR, IV.E-19). 5.4 Pedestrian/Bicycle Circulation. 5.4.1 Less Than Significant Effect. Adoption and implementation of the North Park Street Zoning Ordinance Amendments will improve pedestrian and bicycle access and safety in the planning area and result in less than significant impacts. Mitigation. None Required. Finding: The environmental impact with respect to pedestrian/bicycle circulation is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. Public improvements proposed by the North Park Street Zoning Ordinance Amendments will add bicycle and pedestrian paths along the entire waterfront and along Park Street. All intersections will be designed to meet current pedestrian and bicycle safety standards. 6. BIOLOGICAL RESOURCES 6.1 Special Status Species. 6.1.1 Less Than Significant Effect. No special-status plant species are expected to occur within the North Park Street Zoning Ordinance Amendments area, due to disturbed site conditions and lack of suitable habitat. Therefore, no special status species would be impacted. Mitigation. None Required. Finding: The environmental impact with respect to special status species is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. Out of the 27 special-status animal species listed by the CNDDB as potentially occurring within or in the vicinity of the North Park Street Zoning Ordinance Amendments area, 19 species are considered unlikely to occur or nest within the North Park Street Zoning Ordinance Amendments area due to extensive site disturbance and the lack of suitable habitat. Therefore, it is not anticipated that these species would be adversely affected by implementation of the North Park Street Zoning Ordinance Amendments. These facts support the City’s findings. 6.2 Riparian Habitat. 6.2.1 Less Than Significant Effect. No riparian habitat exists within the North Park Street Zoning Ordinance Amendments area. Therefore, implementation of the North Park Street Zoning Ordinance Amendments would not adversely impact protected riparian habitat. Mitigation. None Required. Finding: The environmental impact with respect to special status species is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. No riparian habitat exists within the North Park Street Zoning Ordinance Amendments area. These facts support the City’s findings. 6.3 Habitat Conservation Plan. 6.3.1 Less Than Significant Effect. Mitigation. None Required. Finding: The environmental impact with respect to special status species is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. Biological resources within the North Park Street Zoning Ordinance Amendments area are not regulated by a local, regional, or State habitat conservation plan. Therefore, implementation of the North Park Street Zoning Ordinance Amendments would not conflict with an adopted habitat conservation plan or the San Francisco Bay Plan. These facts support the City’s findings. 7. CULTURAL REOSURCES 7.1 Historic Integrity of a Historic District. 7.1.1 Less Than Significant Effect. Implementation of the North Park Street Zoning Ordinance Amendments would not result in the loss of the historical integrity of these buildings to such an extent that they would no longer be eligible for National or State Register listing as well as local recognition. Therefore, a less than significant impact to the integrity of the historic district would result from the project. Mitigation. None Required. Finding: The environmental impact with respect to historic integrity of a historic district is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. The area is protected by the Historic Preservation Ordinance. These facts support the City’s findings. 8. NOISE 8.1 Long Term Aircraft Noise Impacts. 8.1.1 Less Than Significant Effect. Standard design characteristics for commercial/office buildings would reduce the aircraft noise to a less-than-significant level. Mitigation. None Required. Finding: The environmental impact with respect to long term aircraft noise impacts is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. The North Park Street Zoning Ordinance Amendments area experiences aircraft overflights from the nearby Metropolitan Oakland International Airport (MOIA) and San Francisco International Airport (SFO). Although distinguishable, aircraft overflights generate lower noise levels than other major sources discussed above. Standard design characteristics for commercial/office buildings would reduce the aircraft noise to a less-than-significant level. These facts support the City’s findings. 9. GEOLOGY, SOILS, AND SEISMICITY 9.1 Surface Fault Rupture. 9.1.1 Less Than Significant Effect. The potential for surface fault rupture at the site is very low, because no active faults are known to be located in the North Park Street Zoning Ordinance Amendments area. Therefore, impacts resulting from surface fault rupture would be less than significant. Mitigation. None Required. Finding: The environmental impact with respect to surface fault rupture is less than significant and no mitigation is required. Facts in Support of Findings. The following fact indicates the identified impact is less than significant. The potential for surface fault rupture at the site is very low, because no active faults are known to be located in the North Park Street Zoning Ordinance Amendments area. The closest active fault, the Hayward fault, is located approximately 4 miles to the northeast. This fact supports the City’s findings. 9.2 Slope Instability. 9.2.1 Less Than Significant Effect. The potential for slope instability at the site is limited due to the absence of steep, high slopes, with the exception of the marina and channel bulkheads. Therefore, impacts resulting from slope instability would be less than significant. Mitigation. None Required. Finding: The environmental impact with respect to surface fault rupture is less than significant and no mitigation is required. Facts in Support of Findings. The following fact indicates the identified impact is less than significant. The potential for slope instability at the site is limited due to the absence of steep, high slopes, with the exception of the marina and channel bulkheads. This fact supports the City’s findings. 9.3 Erosion. 9.3.1 Less Than Significant Effect. The potential for soil erosion at the site is limited due to the relatively flat terrain. Therefore, soil erosion impacts would be less than significant. Mitigation. None Required. Finding: The environmental impact with respect to soil erosion is less than significant and no mitigation is required. Facts in Support of Findings. The following fact indicates the identified impact is less than significant. The potential for soil erosion at the site is limited due to the relatively flat terrain. This fact supports the City’s findings. 9.4 Expansive Soils. 9.4.1 Less Than Significant Effect. The potential for impacts resulting from expansive soils is limited because the near-surface soils at the site (predominantly sandy fill deposits) have a low potential for shrink-swell. Therefore, impacts resulting from expansive soils would be less than significant. Mitigation. None Required. Finding: The environmental impact resulting from expansive soils is less than significant and no mitigation is required. Facts in Support of Findings. The following fact indicates the identified impact is less than significant. The potential for impacts resulting from expansive soils is limited because the near-surface soils at the site (predominantly sandy fill deposits) have a low potential for shrink-swell. This fact supports the City’s findings. 10. HYDROLOGY AND WATER QUALITY 10.1 Water Quality and Discharge Standards. 10.1.1 Less Than Significant Effect. The uses proposed as part of the North Park Street Zoning Ordinance Amendments would not result in any industrial-type discharges that would lead to the imposition of specific waste discharge requirements (which, when required, are set by the RWQCB), and, therefore, would not be expected to exceed waste discharge standards for point sources. Mitigation. None Required. Finding: The environmental impact with respect to water quality and discharge standards is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. The uses proposed as part of the North Park Street Zoning Ordinance Amendments would not result in any industrial-type discharges that would lead to the imposition of specific waste discharge requirements (which, when required, are set by the RWQCB), and, therefore, would not be expected to exceed waste discharge standards for point sources. Development under the North Park Street Zoning Ordinance Amendments would be subject to the RWQCB requirements of non-point- source regulations. These facts support the City’s findings. 10.2 Groundwater. 10.2.1 Less Than Significant Effect. The North Park Street Zoning Ordinance Amendments would not result in any significant adverse effects related to the groundwater supply. Mitigation. None Required. Finding: The environmental impact with respect to groundwater is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. Construction of specific types of buildings or utilities may require excavation below the groundwater level, which may require pumping of groundwater to dewater excavations. Groundwater within the North Park Street Zoning Ordinance Amendments area is generally quite shallow, ranging in depth from approximately 2 to 6 feet below the surface. Existing groundwater quality data indicate that the shallow groundwater in some areas contains contaminants, which if improperly handled and discharged, could result in significant impacts to the health and safety of the public or site workers that may come into contact with dewatering effluent. Depending on the level of contamination (if any), the dewatering effluent may be acceptable for discharge to the storm drainage system or the municipal sanitary sewer system. Either discharge would require proper permitting from the regulating agencies; the RWQCB for discharges to the storm drain system or surface waters and/or EBMUD for discharges to the sanitary sewer. These permitting programs are existing programs that would be expected to adequately mitigate potential impacts to water quality to a less- than-significant level. These facts support the City’s findings. Water Movements and Flood Waters. 10.2.2 Less Than Significant Effect. No significant changes to the currents or course of water movements, or alteration of course or flow of floodwaters, would occur. Therefore, impacts to water movements and flood waters would be less than significant. Mitigation. None Required. Finding: The environmental impact with respect to xxx is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. The North Park Street Zoning Ordinance Amendments area is relatively flat and, although the drainage patterns may be altered by the installation of storm drainage infrastructure, no significant changes to the currents or course of water movements, or alteration of course or flow of floodwaters, would occur. These facts support the City’s findings. 10.3 Water-Related Hazards. 10.3.1 Less Than Significant Effect. Impacts resulting form water-related hazards would be less than significant. Mitigation. None Required. Finding: The environmental impact with respect to water-related hazards is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. The North Park Street Zoning Ordinance Amendments area does not include any areas subject to regional flood hazards, according to FEMA. The area is relatively flat and would not be expected to be affected by mudflows or other types of landslides. A damaging seiche or tsunami in the Bay is a low probability event even for unprotected sites on the Bay. The North Park Street Zoning Ordinance Amendments area is partially protected from seiches by the constriction at the mouth of the Oakland Estuary, and, therefore, inundation from seiches would represent a less-than-significant impact. These facts support the City’s findings. 11. AIR QUALITY 11.1 Odor and Air Toxics. 11.1.1 Less Than Significant Effect. Land uses within the North Park Street Zoning Ordinance Amendments area could produce short-term objectionable odors and toxic air contaminants. However, these impacts would be subject to BAAQMD regulations and impacts would be less than significant. Mitigation. None Required. Finding: The environmental impact with respect to odors and toxic air contaminants is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. The North Park Street Zoning Ordinance Amendments would not permit the development of any long term uses that would generate objectionable odors or toxic air contaminants. While the North Park Street Zoning Ordinance Amendments would permit the establishment of research and development (R&D), marine-related uses and restaurants that may generate some odors, any such uses proposed in the future would need to comply with the BAAQMD Rules and Regulations on odors and toxic air contaminants as described in Section IV.L, Hazardous Materials, and in so doing, would not result in any significant impacts. Each business or tenant using materials known to generate odors or toxic air contaminants would be required to obtain the appropriate operation permits from the BAAQMD. Therefore, no odor or air toxics impacts would occur as a result of the proposed North Park Street Zoning Ordinance Amendments. These facts support the City’s findings. 11.2 Accidental Release/Acutely Hazardous Air Emissions. 11.2.1 Less Than Significant Effect. Any use proposed in the future that would have the potential to generate hazardous air emissions would need to comply with the BAAQMD Rules and Regulations, reducing potential impacts to a less than significant level. Mitigation. None Required. Finding: The environmental impact with respect to accidental release of acutely hazardous air emmissions is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. There is no information available at this time on any potential hazardous air emissions related to the adoption and implementation of the North Park Street Zoning Ordinance Amendments. Any use proposed in the future that would have the potential to generate hazardous air emissions would need to comply with the BAAQMD Rules and Regulations. Any accidental release of acutely hazardous air emission would be reported to and handled by the Alameda County Health Department staff in charge of such issues. Therefore, no significant impact due to accidental release and acutely hazardous air emissions would be expected to occur as a result of the proposed North Park Street Zoning Ordinance Amendments. These facts support the City’s findings. 11.3 Total Emissions. 11.3.1 Less Than Significant Effect. The North Park Street Zoning Ordinance Amendments would be considered consistent with the growth projections of the current (2000) Clean Air Plan, and adopting the North Park Street Zoning Ordinance Amendments would not result in any significant changes in the total emission assumptions already incorporated within the Clean Air Plan. Mitigation. None Required. Finding: The environmental impact with respect to an increase in total emissions is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. Long-term air quality impacts from the three primary criteria air pollutants (ROG, NOx and PM10) are those that would result from the changes in permitted land uses within the North Park Street Zoning Ordinance Amendments area. Mobile source emissions are those that result from vehicle trips; stationary source emissions are those that would result from energy consumption and the use of wood stove/fireplace and consumer products. As individual development projects are proposed within the North Park Street Zoning Ordinance Amendments area, analysis of the long-term air quality impacts associated with the operation of each of these projects will be required during the environmental review process. These facts support the City’s findings. 11.4 Regional Emissions 11.4.1 Less Than Significant Effect. As indicated above, the evaluation of environmental impacts associated with the adoption and implementation of the North Park Street Zoning Ordinance Amendments is being done at a “program” level of analysis. Therefore, all future projects within the North Park Street Zoning Ordinance Amendments are will be subject to project-level review. This impact would be considered less than significant. Mitigation. None Required. Finding: The environmental impact with respect to regional emissions is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. The evaluation of environmental impacts associated with the adoption and implementation of the North Park Street Zoning Ordinance Amendments is being done at a “program” level of analysis. While it is likely that some individual projects that may ultimately be proposed within the North Park Street Zoning Ordinance Amendments area may exceed the significance criteria for regional emissions, each individual project proposed within the North Park Street Zoning Ordinance Amendments area will be subject to a project-level review for air quality impacts, as required by CEQA and the BAAQMD CEQA Guidelines. These facts support the City’s findings. 12. HAZARDOUS MATERIALS 12.1 Airport-Related Safety Hazards. 12.1.1 Less Than Significant Effect. The North Park Street Zoning Ordinance Amendments would not create any airport related safety hazards for people residing or working in the area. This impact is less than significant. Mitigation. None Required. Finding: The environmental impact with respect to airport-related safety hazards is less than significant and no mitigation is required. Facts in Support of Findings. The following fact indicates the identified impact is less than significant. No airports are located within two miles of the area. This fact supports the City’s findings. 12.2 Wildland Fire Hazards. 12.2.1 Less Than Significant Effect. The North Park Street Zoning Ordinance Amendments would not create any wildland fire hazards for people residing or working in the area. This impact is less than significant. Mitigation. None Required. Finding: The environmental impact with respect to wildland fire hazards is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. No wildlands are present at, or adjacent to, the North Park Street Zoning Ordinance Amendments area, and no new wildlands are to be created as part of implementation of the North Park Street Zoning Ordinance Amendments. Therefore, no people or structures would be subjected to wildland fire hazards as a result of its implementation. These facts support the City’s findings. (See also DEIR, IV.L-14). 12.3 Use, Storage, Transportation, or Generation of Hazardous Materials. 12.3.1 Less Than Significant Effect. Due to existing rules, regulations, and permit requirements, the future use, storage, transportation, or generation of hazardous materials in the North Park Street Zoning Ordinance Amendments area represents a less-than-significant impact. Mitigation. None Required. Finding: The environmental impact with respect to the use, storage, transportation, or generation of hazardous materials is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. The North Park Street Zoning Ordinance Amendments land use designations would permit R&D and Marine uses, which could include facilities that may use significant quantities of hazardous materials. However, any future land uses within the North Park Street Zoning Ordinance Amendments area that involve the use, storage, transport, treatment, or generation of hazardous materials shall be required to comply with federal, state, and local requirements for managing hazardous materials. These facts support the City’s findings. Lead Based Paint. 12.3.2 Less Than Significant Effect. Adherence by future developers within the North Park Street Zoning Ordinance Amendments area and by the City to existing regulations requiring abatement of lead hazards and institution of standard worker health and safety procedures during demolition and renovation activities would reduce this impact to a less than-significant level. Mitigation. None Required. Finding: The environmental impact with respect to presence of lead based paint in buildings to be demolished or renovated is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. Loose and peeling lead-based paints would require removal prior to renovation/demolition activities. Paints that are adhering to their surfaces do not require abatement and can be disposed of as regular construction debris regardless of their lead content. State regulations require that air monitoring be performed during and following renovation or demolition activities at sites containing lead-based paint (Title 8, California Code of Regulations, Section 1532.1). These facts support the City’s findings. 12.4 Asbestos. 12.4.1 Less Than Significant Effect. Adherence by future developers within the North Park Street Zoning Ordinance Amendments area and by the City to existing regulations requiring abatement of asbestos hazards and institution of standard worker health and safety procedures during demolition and renovation activities would reduce this impact to a less than-significant level. Mitigation. None Required. Finding: The environmental impact with respect to presence of asbestos in buildings to be demolished or renovated is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. State and federal regulations require the abatement of all asbestos-containing materials prior to demolition or renovation activities that would disturb them. State regulations (Title 8, California Code of Regulations, Section 1529) protect construction worker safety where asbestos-containing materials are present. These facts support the City’s findings. 13. VISUAL RESOURCES 13.1 Policy Consistency. 13.1.1 Less Than Significant Effect. Implementation of the North Park Street Zoning Ordinance Amendments would improve the visual quality of the North Park Street Zoning Ordinance Amendments area, and there would be no impacts as a result of conflicts with existing policies related to visual resources. Mitigation. None Required. Finding: The environmental impact with respect to consistency with policies related to visual resource is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. The North Park Street Zoning Ordinance Amendments includes policies that would protect important viewsheds and architectural landmarks, and that enhance physical and visual access to the Bay shoreline. The North Park Street Zoning Ordinance Amendments policies would be consistent with the visual resources policies in the City’s General Plan which seek to preserve and enhance views of the waterfront. These facts support the City’s findings. (See also DEIR, IV.M-14 and 15). 13.2 Scenic Vistas and Visual Character. 13.2.1 Less Than Significant Effect. The North Park Street Zoning Ordinance Amendments would place development in a pattern that is consistent with the historic pattern of development in the area. Therefore, this impact would be less than significant. Mitigation. None Required. Finding: The environmental impact with respect to scenic vistas and visual character is less than significant and no mitigation is required. 13.2.2 Facts in Support of Findings. The following facts indicate the identified impact is less than significant. The North Park Street Zoning Ordinance Amendments would would place development in a pattern that is consistent with the historic pattern of development in the area. Therefore, this impact would be less than significant. Light and Glare. 13.2.3 Less Than Significant Effect. Implementation of the North Park Street Zoning Ordinance Amendments could result in an intensification of light and glare within the North Park Street Zoning Ordinance Amendments area associated with the potential use of reflective building materials, street light fixtures, nighttime lighting of commercial identification signs and logos, and increased vehicle and transit use. However, this impact would be less than significant due to standard design review procedures and design related policies of the North Park Street Zoning Ordinance Amendments. Mitigation. None Required. Finding: The environmental impact with respect to light and glare is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. Implementation of the North Park Street Zoning Ordinance Amendments could result in an intensification of light and glare within the North Park Street Zoning Ordinance Amendments area associated with the potential use of reflective building materials, street light fixtures, nighttime lighting of commercial identification signs and logos, and increased vehicle and transit use. However, this impact would be less than significant due to standard design review procedures and design related policies of the North Park Street Zoning Ordinance Amendments 14. PARKS, RECREATION, AND OPEN SPACE 14.1 Bay Trail Improvements. 14.1.1 Less Than Significant Effect. Implementation of the North Park Street Zoning Ordinance Amendments would increase opportunities to improve portions of the Bay Trail within the North Park Street Zoning Ordinance Amendments area and would provide additional shoreline access and park areas. Mitigation. None Required. Finding: The environmental impact with respect to Bay Trail improvements is less than significant and no mitigation is required. Facts in Support of Findings. The following facts indicate the identified impact is less than significant. Development standards within the ordinance and the design manual require waterfront open space and trail access. APPENDIX B FINDINGS OF FACT CONCERNING ALTERNATIVES IV. Introduction In accordance with the California Environmental Quality Act (“CEQA”) Guideline Section 15126.6, an EIR must describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project, but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives. An EIR need not consider every conceivable alternative to a project. Rather is must consider a reasonable range of potentially feasible alternatives that will foster informed decision making and public participation. If a project alternative will substantially lessen the significant environmental effects of a proposed project, the decision maker should not approve the proposed project unless it determines that specific economic, legal, social, technological or other considerations make the project alternative infeasible. (See CEQA §21002, CEQA Guidelines §15091(a)(3)). The findings with respect to the three project alternatives identified in the EIR are described in this section. V. Description of Alternatives and Findings ANALYSIS OF NO PROJECT ALTERNATIVE Description: The No Project alternative assumes that the North Park Street Code is not adopted and that existing zoning designations stay in place. Development in the North Park Street area would occur as allowed by the existing General Plan and the existing zoning districts which are currently in place in the area. The existing zoning is described in Chapter 4 -A Land Use. Feasibility: The No Project Alternative is a feasible alternative. To accomplish this alternative, the City of Alameda Planning Board and City Council would simply not take action to adopt the Park Street Code. Future development would continue in the area as permitted by the existing zoning and existing General Plan. The major differences between the type and intensity of development that would occur under this alternative as compared to the North Park Street Code would include the following:  The existing CM (Commercial Manufacturing), M-1 (Intermediate Industrial) and M-2 (General Industrial) zoning districts allow by right a wide variety of uses including but not limited to: auto repair, canneries, battery manufacturing, machine shops, plastic, rubber, and synthetic rubber manufacturing, truck repair and overhauling, freighting and motor truck terminals, heavy equipment storage yards, die casting, enameling works, foundries, and “poultry and rabbit killing and dressing”. None of these types of uses are permitted by right by the North Park Street Code. Existing Zoning Map  Many existing residential properties are currently zoned for manufacturing use (M-2 Zoning). As legal non-conforming uses, these homes may remain but cannot be expanded or replaced if destroyed by fire or other natural disaster, pursuant to the existing zoning. The North Park Street code rezones these properties such that they would no longer be non- conforming uses under the Alameda Municipal Code.  The existing zoning allows much taller buildings. Much of the North Park Street area is currently zoned CM Commercial Manufacturing or M-2 Manufacturing. The height limits in these districts is 100 feet. The height limit in the North Park Street Code is 50 feet on Park Street and 30 feet in the neighborhood areas.  The existing zoning does not include the design standards for new development that are included in the “form-based” North Park Street Code. The existing zoning relies on the Design Review Ordinance for control over design. Currently the City of Alameda has design guidelines for residential development, but very few guidelines or requirements for non- residential development. Ability to Meet Project Objectives: The No Project Alternative would not meet many of the Project Objectives described in Chapter 2 Project Description. The objectives are listed below:  To update the zoning code for the plan area to conform with General Plan objectives, goals, and policies. Maintaining the existing zoning for the area would not achieve this objective. Under the No Project Alternative the zoning code would not be updated and conflicts between the existing zoning and General Plan would remain.  Adopt Zoning Ordinance amendments, standards and requirements to guide future development consistent with the community’s vision as articulated by the General Plan and Gateway Strategic Plan. Maintaining the existing zoning for the area would not achieve this objective. Under the No Project Alternative the zoning code would not be updated to implement the General Plan and Gateway Strategic Plan.  Manage the redevelopment of private sites to create an active, pedestrian-friendly, transit- oriented mixed-use environment. This objective would not be fully realized under the No Project Alternative. The existing zoning does not include the clear and specific requirements that are included in the North Park Street code to ensure that new developments support an active, pedestrian friendly, mixed use transit oriented environment.  Provide certainty for the community, property owners and future investors in the area by providing clear, form based regulations for the plan area. This objective would not be achieved as well as under the North Park Street Code due to the conflicts between the existing zoning in the area and the General Plan and Gateway Plan community goals and objectives for the area. The differences between the older zoning and the newer policy documents results in confusion regarding the City’s requirements and standards for new development.  Encourage economically viable redevelopment that is sensitive to existing neighborhoods and the historic character of the area. This objective would not achieved as well under the No Project Alternative. The existing zoning allows a number of uses and development types that are not sensitive to existing neighborhoods or the historic character of the area. Ability to Reduce Environmental Impacts Less Than Significant Impacts: As described in Chapter 4, the North Park Street Code would not result in any significant impacts in the following environmental areas:  Land use  Population, employment, and housing  Municipal Services and Open Space The No Project alternative would have similar less than significant impacts. Since actions to approve or disapprove projects under the existing zoning standards would continue to be governed by the General Plan and the other provisions of the Alameda Municipal Codes, such as the Citywide Development Impact Fee ordinance, there is no basis to expect that land use; population, employment or housing; or municipal service impacts would be less or more severe than under the North Park Street Code. Significant Impacts Requiring Mitigation: As described in Chapter 4, the North Park Street Code does require mitigation to maintain a less than significant impact in the areas of:  Utilities,  Biology,  Cultural Resources,  Noise,  Geology,  Hydrology, and  Hazardous materials. The potential for impacts in these environmental areas would also occur with the No Project Alternative. The type and intensity of potential developments that might occur under the existing zoning, and the physical form that the development might exhibit, may in fact, result in more significant impacts in these areas. Under the existing zoning and design review ordinances, the City, in most cases, will have the ability to subject most new developments to environmental review, which would provide the opportunity to impose mitigation measures on new development that might occur under the existing zoning. Assuming that the City could impose similar mitigations, then it may be assumed that the impact in these environmental areas would be no worse or better under the No Project Alternative. However, there may be some circumstances where a new use that is permitted under the existing zoning (such as truck repair and overhauling, freighting and motor truck terminals, heavy equipment storage yards, die casting, enameling works, foundries, and “poultry and rabbit killing and dressing”) might occur in an existing building. If the use does not require a discretionary use permit or a discretionary design review permit, the City would not have the ability to impose mitigation measures to protect these environmental areas. In these cases, the impacts under the No Project Alternative could be more severe than under the North Park Street Code. Significant Unavoidable Impacts: As described in Chapter 4, the North Park Street Code does result in significant, unavoidable impacts even with mitigation in the following areas:  Transportation and Circulation, and  Greenhouse Gas and Air Quality. The North Park Street Code standards and requirements and additional mitigation imposed on future development by adoption of the recommended Mitigation Measures in this EIR are designed to reduce greenhouse gas, air quality, and traffic impacts to less than that which would occur under a continuation of development under the existing zoning ordinance. The No Project Alternative could be expected to result in the same or more significant impacts in these areas, largely due to the fact that the amount of development anticipated under the No Project Alternative is not less than under the North Park Street Code. As with the other environmental areas, new development that is subject to environmental review could be mitigated to reduce these impacts under the No Project Alternative. In these cases the severity of the impacts in the area of traffic, greenhouse gas and air quality could be expected to be similar. However, in cases were a new use might occur without requiring discretionary review and approval, the City would not have the ability to impose mitigations to reduce the severity of the impact. In these cases, the impacts under the No Project alternative could be more severe. The No Project alternative assumes that the North Park Street Zoning Ordinance Amendments is not adopted and that existing land uses remain the same. Development in the area would occur as allowed by the existing zoning land use designations. Development of this alternative would result in increases in population, housing, or jobs which would occur under existing land use policies. Findings This alternative is hereby rejected for the following reasons: The No Project/Existing Conditions Alternative would fail to satisfy the following objectives of the proposed Project, as identified in Chapter III of the EIR, Project Description:  To update the zoning code for the plan area to conform with General Plan objectives, goals, and policies. Maintaining the existing zoning for the area would not achieve this objective. Under the No Project Alternative the zoning code would not be updated and conflicts between the existing zoning and General Plan would remain.  Adopt Zoning Ordinance amendments, standards and requirements to guide future development consistent with the community’s vision as articulated by the General Plan and Gateway Strategic Plan. Maintaining the existing zoning for the area would not achieve this objective. Under the No Project Alternative the zoning code would not be updated to implement the General Plan and Gateway Strategic Plan.  Manage the redevelopment of private sites to create an active, pedestrian-friendly, transit- oriented mixed-use environment. This objective would not be fully realized under the No Project Alternative. The existing zoning does not include the clear and specific requirements that are included in the North Park Street code to ensure that new developments support an active, pedestrian friendly, mixed use transit oriented environment.  Provide certainty for the community, property owners and future investors in the area by providing clear, form based regulations for the plan area. This objective would not be achieved as well as under the North Park Street Code due to the conflicts between the existing zoning in the area and the General Plan and Gateway Plan community goals and objectives for the area. The differences between the older zoning and the newer policy documents results in confusion regarding the City’s requirements and standards for new development.  Encourage economically viable redevelopment that is sensitive to existing neighborhoods and the historic character of the area. This objective would not be achieved as well under the No Project Alternative. The existing zoning allows a number of uses and development types that are not sensitive to existing neighborhoods or the historic character of the area. The mitigation measures incorporated into the Project will substantially mitigate or avoid most of the significant or potentially significant environmental effects of the Project, except those effects which are described as unavoidable or irreversible, thereby diminishing or obviating the perceived mitigating or avoiding benefits of approving this alternative. As more fully discussed in the Statement of Overriding Considerations, the environmental, social, economic and other benefits derived from the Project would not be obtained if this alternative were adopted. Based on the foregoing, the City finds that the No Project Alternative is not feasible. Analysis of Environmentally Superior Alternative Description: For the purposes of this analysis, an “environmentally superior” alternative considers an alternative that includes potential changes to the North Park Street Code to reduce or eliminate environmental impacts associated with the North Park Street Code. Feasibility: The Environmentally Superior Alternative is a feasible alternative. To accomplish this alternative, the City of Alameda Planning Board and City Council would consider and adopt the Park Street Code with a series of potential amendments to reduce the environmental impact of future development. Ability to Meet Project Objectives: The Environmentally Superior Alternative could meet many of the Project Objectives described in Chapter 2 Project Description. The objectives are listed below:  To update the zoning code for the plan area to conform with General Plan objectives, goals, and policies. An amended “environmentally superior” North Park Street Code could achieve this objective provided that the changes to the Code to reduce environmental impacts (a General Plan Objective) does not overly restrict or inhibit the community from achieving other General Plan objectives such as objectives to facilitate the redevelopment of the area or to support and encourage a range of new services and businesses that are not currently available in Alameda (also General Plan objectives).  Adopt Zoning Ordinance amendments, standards and requirements to guide future development consistent with the community’s vision as articulated by the General Plan and Gateway Strategic Plan. An amended “environmentally superior” North Park Street Code could achieve this objective. As with the prior objective, a balance would need to be struck between the environmental benefits that might be achieved by the changes to the Code and the effect of those changes on the ability of property owners and new businesses to comply with those new requirements or standards. If the standards are set too high and redevelopment of the area does not occur as a result, then the environmentally superior alternative might not achieve this objective as well as the North Park Street Code.  Manage the redevelopment of private sites to create an active, pedestrian-friendly, transit- oriented mixed-use environment. This objective could be achieved under the environmentally superior alternative provided that the changes to the Code for the environmentally superior alternative does not result in a condition where existing conditions are maintained because the standards and requirements on new development are prohibitive to financially viable redevelopment.  Provide certainty for the community, property owners and future investors in the area by providing clear, form based regulations for the plan area. This objective could be achieved under the environmentally superior alternative.  Encourage economically viable redevelopment that is sensitive to existing neighborhoods and the historic character of the area. This objective may not be achieved as well under the environmentally superior alternative if the changes to the Code make redevelopment and reinvestment in the area financially infeasible. Ability to Reduce Environmental Impacts Less Than Significant Impacts: As described in Chapter 4, the North Park Street Code would not result in any significant impacts in the following environmental areas:  Land use  Population, employment, and housing  Municipal Services and Open Space The Environmentally Superior alternative would have similar less than significant impacts. Significant Impacts Requiring Mitigation: As described in Chapter 4, the North Park Street Code does require mitigation to maintain a less than significant impact in the areas of:  Utilities,  Biology,  Cultural Resources,  Noise,  Geology,  Hydrology, and  Hazardous materials. The potential for impacts in these environmental areas would also occur with the Environmentally Superior Alternative. As described in Chapter 4, the potential impacts in these areas are impacts that might occur as the result of discovering unknown resources during construction (bats, archeological resources) or as the result of inadequate precautions against known hazards (noise from traffic, seismic hazards, or hazardous materials), or as the result of project specific characteristics that would need to be addressed in the project review process (waste water capacity). Provided that the Planning Board and City Council adopt the recommended mitigation measures described in Chapter 4 when they adopt the Environmentally Superior Alternative, the environmental impacts in these areas would be similar to the North Park Street Code. Significant Unavoidable Impacts: As described in Chapter 4, the North Park Street Code does result in significant, unavoidable impacts even with mitigation in the following areas:  Transportation and Circulation, and  Greenhouse Gas and Air Quality. The Environmentally Superior Alternative could include requirements and standards to further reduce the impacts in these areas. Specifically, changes to the North Park Street Code to reduce environmental impacts in these areas could include: Transportation Impacts: The City of Alameda Transportation Element and Local Climate Action Plan identifies a number of initiatives to that could be implemented to decrease automobile trips citywide. These initiatives could be considered as possible amendments to the North Park Street Code to create an “environmentally superior” code. They include:  Requiring that all new major developments’ short and long-term transportation emissions be reduced by 10 percent. Examples of strategies to achieve this reduction include transportation demand management strategies and implementation of a Bike Plan, or bicycle facilities.  Providing transit and shuttles with signal priority lanes and queue jumpers to make transit a more attractive alternative to the automobile.  Encouraging Alameda employers to provide opportunities for “flex hours,” compressed workweek and telecommuting schedules to reduce vehicle miles traveled, and reintroduce transportation reduction programs.  Expanding the geographic area of the Work/Live ordinance to provide greater opportunities for reduced work-related commutes.  Encouraging alternative fuel “Car Share” programs. The Environmentally Superior Alternative might require that all development in the area achieve a predetermined trip reduction goal, such as a 10% reduction for development. To achieve these goals, all new development might be required to contribute to an area-wide shuttle system that provides direct service to Fruitvale or Lake Merritt BART Stations. Alternatively, the Environmentally Superior Alternative might require that all future developments be required to purchase AC Transit passes for all employees and residents. In addition, the Code could be amended to require that a every project provide additional bicycle facilities to encourage non- automobile trips, or the code could be amended to further reduce or eliminate off-street parking requirements to discourage the use of the automobile. The City has imposed similar requirements on large-scale projects elsewhere in the City, but to impose these types of requirements in the North Park Street area would require that a number of difficult policy issues be addressed. The first issue to be addressed would be whether the requirement should apply to all properties in the area, even single family home properties, or whether the requirement should apply only to larger properties. A threshold for “large” would need to be established, which would determine which projects would be subject to the higher standards and requirements. The second issue to be addressed is whether the requirement should be imposed on all existing properties or just on new development proposals. A requirement that all property owners contribute to a transit fund could be expected to result in a significant increase in funds available to provide transit and a corresponding significant increase in transit use in the area. However, a district wide requirement would require establishment of an assessment district with the support of 51% of the existing property owners, which might be difficult to achieve. If the requirement is imposed only on new development and only on “large” projects, establishment of a district would not be necessary, but the environmental benefits of the “Environmentally Superior Alternative” over the Mitigated North Park Street Code would be only marginally better. Greenhouse Gas Emissions and Air Quality Impacts. As described in Chapter 4, the primary and most significant way to reduce greenhouse gas and air quality impacts is to reduce automobile trips. Over half (54%) of the City’s emissions are from transportation (cars, buses, and trucks). Changes to the North Park Street Code to reduce automobile trips are discussed above. The second most significant way to reduce greenhouse gas emissions in Alameda is to reduce the amount of gases produced by commercial and residential buildings. Twenty nine percent (29%) of Alameda’s green house gas emissions are from energy and heating demands of residential uses (homes) and 17 percent (17%) is from commercial uses (businesses). Under the “environmentally superior” North Park Street Code, new development could be required to exceed the standards required by the new California Building Code Green Building Standards to further reduce green house gas emissions. For example, the Code could establish a Green Point rating standard for new residential development and a LEED standard for new commercial development that would result in a less greenhouse gas emissions under the Environmentally Superior Alternative. The City of Alameda Climate Action Plan recommends a citywide amendment to the Alameda Municipal Code to include sustainable design and green building standards for all new, substantially expanded, and remodeled buildings. Although an amendment to the North Park Street Code to increase sustainable building standards would be consistent with this recommendation, the Planning Board and City Council should consider whether a citywide requirement would not be preferable. From a environmental and economic development perspective, it may be preferable to establish these new standards citywide as opposed to area by area. To impose the more stringent requirements on the North Park Street area, but not the rest of the City would have less environmental benefit than a citywide amendment. From a citywide policy perspective, it may not be advisable to impose more restrictive or expensive requirements on one area of the City and require residents, businesses, and property owners in the North Park Street area to meet a higher standard than residents, businesses and property owners in the rest of the City. Findings This alternative is hereby rejected for the following reasons: The Environmentally Superior Alternative would fail to satisfy the following objectives of the proposed Project, as identified in Chapter III of the EIR, Project Description: Encourage economically viable redevelopment that is sensitive to existing neighborhoods and the historic character of the area. This objective may not be achieved as well under the environmentally superior alternative if the changes to the Code make redevelopment and reinvestment in the area financially infeasible. This alternative would have similar impacts to the Project in the areas of land use, hydrology and water quality, geology, soils and seismicity, hazards and hazardous materials, population and housing, biology, public services, utilities, and cultural resources. The mitigation measures incorporated into the Project will substantially mitigate or avoid most of the significant or potentially significant environmental effects of the Project, except those effects which are described as unavoidable or irreversible, thereby diminishing or obviating the perceived mitigating or avoiding benefits of approving this alternative. As more fully discussed in the Statement of Overriding Considerations, many of the environmental, social, economic and other benefits derived from the Project would not be obtained if this alternative were adopted. Based on the foregoing, the City finds that the Environmentally Superior Alternative is not feasible. APPENDIX C Mitigation Monitoring and Reporting Program When approving projects with Environmental Impact Reports (EIRs) that identify significant impacts, the California Environmental Quality Act (CEQA) requires public agencies to adopt monitoring and reporting programs or conditions of project approval to mitigate or avoid the identified significant effects (Public Resources Code Section 21081.6(a)(1)). A public agency adopting measures to mitigate or avoid the significant impacts of a proposed project is required to ensure that the measures are fully enforceable, through permit conditions, agreements, or other means (Public Resources Code Section 21081.6(b)). The mitigation measures required by a public agency to reduce or avoid significant project impacts not incorporated into the design or program for the project, may be made conditions of project approval as set forth in a Mitigation Monitoring and Reporting Program (MMRP). The program must be designed to ensure project compliance with mitigation measures during project implementation. The MMRP includes the mitigation measures identified in the EIR required to address only the significant impacts associated with the project being approved. The required mitigation measures are summarized in this program; the full text of the impact analysis and mitigation measures is presented in the Draft EIR. Mitigation Monitoring Program The following Mitigation Monitoring shall be imposed on all new development in the North Park Street Code as conditions of approval. Compliance with conditions of approval shall be enforced through the discretionary review process (i.e. Design Review or Use Permit application) and the building permit review, approval, and inspection process. 1. Utilities: a. New construction projects and major renovations shall remove or reconstruct existing sewer and storm drain laterals that serve the site of the proposed development project to comply with City, EBMUD, and Regional Water Quality Control Board standards and to prevent infiltration/inflow to the maximum extent feasible. This measure would reduce the level of impact to less than significant. b. Prior to approval of a discretionary permit for a new construction or major renovations, City staff will confirm that the development proposal is consistent with the development projections for the area. If the proposed development exceeds the General Plan and Park Street development assumptions for the plan area, the project applicant shall be required to complete a wastewater and storm water capacity analysis to ensure that the development will not result in the need to upgrade or replace any off-site wastewater or storm water facilities. If the study indicates that off-site improvements are required, those improvements, or a fair share contribution to those facilities, shall be required of the project. c. New construction projects and major renovations shall provide drought tolerant landscape materials consistent with the California Model Water Efficient Landscape Ordinance or Bay Friendly Landscape Guidelines to reduce water use and storm water runoff. 2. Transportation: a. New construction and major renovation projects shall provide a construction management plan for review and approval by the Public Works Department prior to issuance of building permits. The plan shall include at least the following items and requirements to reduce traffic congestion during construction:  A set of comprehensive traffic control measures shall be developed, including scheduling of major truck trips and deliveries to avoid peak traffic hours, detour signs if required, lane closure procedures, signs, cones for drivers, and designated construction access routes.  The Construction Management Plan shall identify haul routes for movement of construction vehicles that would minimize impacts on motor vehicle, disabled access in the area, bicycle, and pedestrian traffic, circulation, and safety, and specifically to minimize impacts to the greatest extent possible on streets in the project area. The City shall approve the haul routes.  The Construction Management Plan shall provide for notification procedures for adjacent property owners and public safety personnel regarding when major deliveries, detours, and lane closures would occur.  The Construction Management Plan shall provide for monitoring surface streets used for haul routes so that any damage and debris attributable to the haul trucks can be identified and corrected by the project applicant. b. To ensure that new development in the Plan area mitigates its potential significant impacts to transit, automobile, bicycle and pedestrian levels of service, new development requiring discretionary actions by the City shall be: 4. Conditioned by the City to ensure that new driveway locations, parking areas, building locations, the adjacent public right of way and adjacent intersections are configured to minimize impacts to transit, automobile, bicycle, and pedestrian service. 5. Conditioned to close any sidewalk gaps that may exist along the project frontage, add street trees to any sidewalk frontage that does not currently include street trees, and close any unnecessary curb cuts on the project frontage to improve pedestrian safety and comfort and reduce pedestrian impacts. c. All new development requiring discretionary actions by the City shall be reviewed to determine if the project traffic would constitute a considerable contribution (3% or more) to one or more of the impacted intersections (Park Street/Blanding Ave, Park Street/Clement Avenue, Clement/Oak, and Tilden/Blanding at Fernside Blvd. High Street/Fernside Blvd., High Street/Otis Drive, Island Drive/Doolittle Drive, Eighth Street/Central Avenue, Broadway/Otis Drive, Broadway/Tilden/Eagle, and Park/Pacific.). If the project does contribute 3% or more to any individual intersection, then the project shall be conditioned to:  TDM: Implement a City-approved Transportation Demand Management (TDM) program with the goal of reducing the number of peak hour trips generated by the project at the impacted intersections to less than 3%. The TDM program may include a variety of strategies to reduce vehicular traffic including, but not limited to: participation in a shuttle program or carpool program, park and ride facilities, purchase of AC Transit passes for residents or employees, and/or improvements at or adjacent to the site to improve pedestrian, bicycle, and/or transit travel modes. The City of Alameda Bicycle Plan and Pedestrian Plan also identify a number of improvements that are needed in the area, which might help decrease automobile trips in the area by improving pedestrian and bicycle facilities. If the City determines that the TDM Program is not sufficient to reduce the trips to a less than significant level, then the project shall also be conditioned to pay a fair share contribution to the improvement plan for the intersections at which the project would contribute 3% or more to the total traffic volume at the intersection. The fair share contribution shall be determined by the Public Works Director.  Bicycle Route: The project shall also be reviewed to determine if the project traffic would constitute a considerable contribution (3% or more) in traffic volume on Oak Street. If the project does contribute 3% or more on Oak Street, then the project shall be conditioned to implement a City-approved Transportation Demand Management (TDM) program. If the TDM Program is not sufficient to minimize the trips to a less than significant level, then the project shall also be conditioned to pay a fair share contribution to a bicyle improvement plan for the Oak Street, Tilden Way, and Clement Street Bicycle routes and/or iimproved bicyclist access to/from Park Street bridge per the Bicycle Mater Plan. The improvement plan and fair share contribution shall be determined by the Public Works Director.  In accordance with the General Plan Transportation Element Street Classification System, the improvements at the locations described above should be designed to improve transit service as a first priority, pedestrians service as a second priority, and bicycles service as a third priority. d. Impact Fees. To ensure that all new development within the plan area contributes a fair share to improvements in the area to support all modes of transportation, the City of Alameda should prepare and consider a transportation impact fee on all new construction in the plan area. 3. Green House Gases and Air Quality  To reduce green house gas emissions and air quality contaminates, new businesses with 10 or more employees shall provide: 1) secure employee bicycle parking, 2) transit pass for each employee, 3) Guaranteed Ride Home services, 4) Transportation Services information, and/or 5) preferred carpool parking. New residential projects with 10 or more units to provide: 1) an on-site car-share program, 2) transit passes for each unit, 3) secure bicycle parking space for each unit either in each unit or in a single “bicycle cage”.  Require sustainable design and green building standards for all new, substantially expanded, and remodeled buildings to meet or exceed the most current Uniform Building Code requirements and State energy criteria.  The North Park Street Code should be amended to allow for work/live units in new and rehabilitated buildings in the North Park Street Code planning area, and wood- burning stoves and fireplaces in all new residential construction should be prohibited.  New Construction project and major renovation projects shall implement both BAAQMD’s basic and enhanced dust control procedures including the “basic” dust control program the following:  Water all active construction areas at least twice daily. Watering should be sufficient to prevent airborne dust from leaving the site. Increased watering frequency may be necessary whenever wind speeds exceed 15 miles per hour. Reclaimed water should be used whenever possible.  Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard (i.e., the minimum required space between the top of the load and the top of the trailer).  Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites.  Sweep streets (with water sweepers using reclaimed water if possible) at the end of each day if visible soil material is carried onto adjacent paved roads.  Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites.  The “enhanced” dust control measures shall include the following:  Hydroseed or apply non-toxic soil stabilizers to construction areas and previously graded areas inactive for ten days or more  Enclose, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles of dirt, sand, etc.  Limit traffic speeds on unpaved roads to 15 miles per hour (mph)  Install sandbags or other erosion control measures to prevent silt runoff to public roadways  Replant vegetation in disturbed areas as quickly as possible 4. Biological Resources: a. Proponents of each project in the North Park Street Code area shall prepare a preconstruction survey of all buildings scheduled for demolition or renovation shall be conducted no more than 30 days prior to the initiation of demolition or renovation activities. Special attention shall be given to buildings where pallid bats were observed during the earlier survey or where measures to discourage roosting were implemented. If no bats or signs of an active roost are found, no additional measures are required. If a bat roost site is found, then measures shall be implemented to discourage roosting at the site. If a maternity colony of bats is found, the building and the bats shall not be disturbed until the young have dispersed, as determined by a qualified biologist. b. All dredging and in-water construction activities shall be consistent with the standards and procedures set forth in the Long Term Management Strategy, a program developed by the Bay Conservation and Development Commission (BCDC), the Regional Water Quality Control Board (RWQCB), the U.S. Environmental Protection Agency (EPA), and other agencies, to guide dredging and the disposal of dredge materials in an environmentally sound manner. 5. Cultural Resources: a. In the event that previously unidentified cultural resources are discovered during site preparation or construction, work shall cease in the immediate area until such time as a qualified archaeologist and City of Alameda personnel can assess the significance of the find. The following measures shall be implemented at the time of the find:  Activity in the vicinity of the suspected resources shall be immediately suspended and City of Alameda personnel and a qualified archaeologist shall evaluate the find. Project personnel shall not alter any of the uncovered materials or their context.  If archeological resources are discovered, the City and the cultural resource consultant shall determine whether the resource is unique based on the criteria provided in the CEQA Guidelines and the criteria listed above. The City and developer, in consultation with a cultural resource expert, shall seek to avoid damaging effects on the resource wherever feasible.  If the City determines that avoidance is not feasible, a qualified cultural resource consultant shall prepare an excavation plan for mitigating the impact on the qualities that make the resource unique. The mitigation plan shall be prepared in accordance with CEQA Guidelines and shall be submitted to the City for review and approval. b. If human remains are encountered, work shall halt within 50 feet of the find and the County Coroner shall be notified immediately. A qualified archaeologist shall also be contacted to evaluate the situation. If the human remains are of Native American origin, the Coroner must notify the Native American Heritage Commission within 24 hours of this identification. Pursuant to Section 5097.98 of the Public Resources Code, the Native American Heritage Commission will identify a Native American Most Likely Descendent to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. Section 7050.5 of the California Health and Safety Code states that in the event of discovery or recognition of any human remains in any location other than a ,;"c dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined whether or not the remains are subject to the coroner’s authority. c. If paleontological resources are encountered during site preparation or construction activities, the following mitigation measures shall be implemented:  Activity in the vicinity of the suspected resource(s) shall be immediately suspended, and City of Alameda personnel and a qualified paleontological resource consultant shall be contacted to evaluate the find. Project personnel shall not alter any of the uncovered materials or their context.  If paleontological resources are discovered and the City and the paleontological resource consultant found that the resource is significant based on the criteria provided in the CEQA Guidelines and criteria listed above, the City and project developer, in consultation with a paleontological resource expert, shall seek to avoid damaging effects on the resource wherever feasible.  If the City determines that avoidance is not feasible, a qualified paleontological resource consultant shall prepare a salvage plan for mitigating the effect of the project on the qualities which make the resource unique. The project developer, in consultation with a qualified paleontologist, shall complete a paleontological resource inventory, declaration, and mitigation plan in accordance with the CEQA Guidelines and submit it to the City for review and approval. 1. Noise: a. Implement development-specific construction noise reduction plans, which shall be enforced via contract specifications. If pile driving is required, “vibratory” pile driving should be used wherever feasible. The vibratory pile driving technique, despite its name, does not generate vibration levels higher than the standard pile driving technique. It does, however, generate lower, less-intrusive noise levels. b. New residential or noise-sensitive developments shall satisfy the acoustical requirements of Title 24, part 2, of the California Administrative Code, Noise Insulation Standards, for single family, multiple-family attached, hotels, motels, etc., regulated by Title 24. of the Uniform Building Code. All new projects shall show that they comply with maximum noise levels outlined in the City’s Noise Ordinance and the average sound level goals outlined in the City’s General Plan. 6. Geology and Seismicity: a. Grading, foundation, and structural design should be based on the anticipated strong seismic shaking associated with a future major earthquake on the Hayward fault. All structures shall be designed in accordance with the most recent edition of the City of Alameda Building Code. b. Proponents shall prepare a geotechnical report for review and approval by the City of Alameda that specifies all measures necessary to limit consolidation including minimization of structural fills and use (when necessary) of lightweight and low plasticity fill materials to reduce the potential for excessive loading caused by fill placement. The report shall present recommendations for specific foundation designs, which minimize the potential for damage related to settlement. The design of utilities shall consider differential settlements along utility alignments constructed in filled areas. Earthwork, foundation and structural design for proposed projects shall be conducted in accordance with all recommendations contained in a Geotechnical Investigation to be completed for each development site. Liquefaction potential analyses shall be conducted and a liquefaction mitigation program developed for each development. All structures shall be designed and constructed in accordance with the most recently adopted version of the City of Alameda Building Code. Prior to the issuance of any grading or building permits for new buildings, geotechnical investigations shall be conducted for projects within the North Park Street Code area. Reports for these studies shall evaluate the liquefaction potential for each site in accordance with the Standard of Practice for Geotechnical Engineering and shall provide recommendations for stabilization or resistance of structures from the potential affect of liquefaction of sediments. The potential for lurch cracking and lateral spreading shall also be evaluated. Stability of the bulkhead for projects adjacent to bulkheads shall also be evaluated. Reports shall be submitted to the City of Alameda for review and approval. Implementation of these mitigation measures would reduce the impact of seismic-induced ground failure to less than significant levels. c. The required geotechnical report shall require that subgrade soils for pavements consist of moisture-conditioned, lime-treated, or non-expansive soil, and that surface (including roof drainage) and subsurface water be directed away from foundation elements and into storm drains to minimize variations in soil moisture. Implementation of this mitigation measure would reduce the impact of expansive soils to less than significant levels. d. The applicant shall prepare an earthquake preparedness and emergency response plan for all public use facilities. The plan should be submitted for review and approval by the Planning and Building and/or Public Works Department, prior to occupancy of the structures. e. Prior to marketing residential or commercial units for sale, the developer shall prepare an earthquake hazards information document. This document should be made available to any potential occupant prior to purchase or rental of the housing units or commercial spaces. The document should describe the potential for strong ground shaking at the site, potential effects of such shaking, and earthquake preparedness procedures. 7. Hydrology and Water Quality a. All specific development projects that involve site clearing, grading or excavation that result in soil disturbances of 1 or more acres, (and for projects of less than 1 acre if the construction activity is part of a larger common plan of development), shall be required to prepare a Stormwater Pollution Prevention Plan (SWPPP). Each SWPPP shall conform to the requirements of the Alameda County Clean Water Program and to the standards set forth herein. Each SWPPP shall include: 1) Specific and Detailed Best Management Practices (BMPs) Designed to Mitigate Construction-related Pollutants. , 2) Measures Designed to Mitigate Post-construction-Related Pollutants and 3) Integrated Pest Management Plan. b. All dredging and in-water construction activities shall be consistent with the standards and procedures set forth in the Long Term Management Strategy, a program developed by the Bay Conservation and Development Commission (BCDC), the Regional Water Quality Control Board (RWQCB), the U.S. Environmental Protection Agency (EPA), and other agencies, to guide dredging and the disposal of dredge materials in an environmentally sound manner. c. Projects with frontage on the estuary shall design and construct sealevel rise mearuse that allow future adaptive management measures to be implemented to further protect upland areas from potential rising sea levels. Prior to construction, the design shall be reviewed by BCDC and in accordance with current guidelines regarding protection against sea level rise. 8. Hazardous Materials: a. Documentation from a qualified professional shall be provided to the City of Alameda stating that adequate soils and ground water investigations and, where warranted, remediation, have been conducted to ensure that there will be no significant hazard related risks to future site users. If the soil and groundwater investigations indicate that hazardous materials are present and pose a risk to construction workers and future site users, the following additional mitigation measures shall be implemented, and the City of Alameda will refer the site to the appropriate State and County agencies (such as Alameda County Environmental Health, the State Department of Toxic Substances Control and/or the San Francisco Bay Regional Water Quality Control Board) for oversight of the specific development project. b. If required, the City shall require preparation of a Site Management Plan (SMP) for the subject site as a condition of its approval. The SMP would provide site specific information for contractors (and others) developing the site that would improve their management of environmental and health and safety contingencies. Topics covered by the SMP shall include, but not be limited to:  Land use history, including known hazardous material use, storage, disposal, and spillage, for specific areas within the site.  The nature and extent of previous environmental investigation and remediation at the site.  The nature and extent of ongoing remedial activities and the nature and extent of unremediated areas of the project site, including the nature and occurrence of marsh crust and hazardous materials associated with the dredge material used as fill at the site.  A listing and description of institutional controls, such as the City's excavation ordinance and other local, State, and federal laws and regulations, that will apply to development of the site.  Requirements for site-specific Health and Safety Plans (HASPs) to be prepared by all contractors at the site. The HASPs should be prepared by a Certified Industrial Hygienist and would protect construction workers and interim site users adjacent to construction activities by including engineering controls, monitoring, and security measures to prevent unauthorized entry to the construction site and to reduce hazards outside the construction site. The HASPs would address the possibility of encountering subsurface hazards and include procedures to protect workers and the public. If prescribed exposure levels were exceeded, personal protective equipment would be required for workers in accordance with DOSH regulations.  A description of protocols for the investigation and evaluation of previously unidentified hazardous materials that may potentially be encountered during project development, including engineering controls that may be required to reduce exposure to construction workers and future users of the site.  Requirements for site specific construction techniques at the site, based on proposed development, such as minimizing the transport of contaminated materials to the surface during construction activities by employing pile driving techniques that consist of driving the piles directly without boring, where practical. c. The SMP shall be distributed to all contractors at the development site; implementation of the SMP shall be a condition of approval for excavation, building, and grading permits at the site. The contractors will be required to hold a daily safety meeting with all construction workers and subcontractors on lands identified with Hazardous Material risks. Implementation of these mitigation measures would reduce the impact of contaminated soil and ground water to less than significant levels. APPENDIX D STATEMENT OF OVERRIDING CONSIDERATIONS Pursuant to Public Resources Code Section 21081 and CEQA Guidelines sections 15091 et seq., the City Council of the City of Alameda adopts and makes the following statement of overriding considerations regarding the remaining unavoidable impacts of the Project and the anticipated economic, social, and other benefits of the Project. I. SIGNIFICANT UNAVOIDABLE IMPACTS With respect to the foregoing findings and in recognition of those facts which are included in the record, the City has determined that the Project would cause significant unavoidable impacts to traffic and circulation and green house gas and air quality as disclosed in the Final Environmental Impact Report (“FEIR”) prepared for the Project. These impacts cannot be feasibly fully mitigated by changes in or alternatives to the Project. II. OVERRIDING CONSIDERATIONS The City Council specifically adopts and makes this Statement of Overriding Considerations that, as part of the approval provisions, the Project has avoided or substantially lessened all significant effects on the environment where feasible, and finds that the remaining unavoidable impacts of the Project are acceptable in light of specific economic, legal, social, technological, and other benefits of the Project because those benefits outweigh the significant unavoidable adverse environmental effects of the Project. The Council finds that each of the overriding considerations set forth below constitutes a separate and independent ground for finding that the benefits of the Project outweigh the Project’s significant adverse environmental impacts and is an overriding consideration warranting approval of the Project. These matters are supported by evidence in the record that includes, but is not limited to, the documents referenced below. III. BENEFITS OF PROPOSED PROJECT The City Council has considered the proposed North Park Street Zoning Amendments, the public record of proceedings on the proposed Project and other written materials presented to the City as well as oral and written testimony at all public hearings related to the Project, and does determine that implementation of the Project as specifically provided in the Project documents would result in the following substantial public benefits by: 1. Ensuring the productive use of underdeveloped area and fostering orderly growth and quality development in the City. 2. Proceeding in accordance with the goals and policies set forth in the General Plan, thereby implementing the City’s stated General Plan policies. 3. Providing substantially increased property tax and sales tax revenues to the City. 4. Providing increased employment opportunities for residents of the City. 5. Eliminating blighting influences and correcting environmental deficiencies in the Project area, including, but not limited to, underutilized buildings, incompatible land uses, depreciated or stagnant property values, and inadequate or deteriorated public improvements, facilities, and utilities. 6. Replanning and redesigning underdeveloped areas that are improperly utilized to achieve a balanced mix of land uses and create a vibrant new neighborhood in City. 7. Expanding and improving the community’s supply of housing through the installation of needed site improvements and the construction housing, consistent with existing City policies and standards. 8. Increasing the City’s supply of land available for residential development and increasing the supply of affordable housing in City. 9. Providing diversity in housing opportunities through compliance with Community Improvement Commission inclusionary housing policy (i.e., providing on-site moderate income housing, and a 15 percent inclusionary requirement). 10. Strengthening and diversifying the economic base of the Project area and the community by adding commercial uses that will provide new amenities for City residents, including new shops, restaurants and services. 11. Achieving job creation and economic development. 12. Actively seeking and promoting business by providing new retail land uses that will complement and provide synergies with existing retail development on Park Street, , the Southshore Center and other locations within City, in accordance with the Alameda Citywide Retail Policy. 13. Facilitating the emergence of commercial sectors through improvement of transportation access to commercial areas, improvement of safety within the Project area, and the installation of needed site improvements to stimulate new commercial expansion, employment, and economic growth. 14. Maximizing new sales tax, and other funding mechanisms in order to pay for the public investment in infrastructure required for economic development in the Project area. 15. Emphasizing employment and a mix of economic development opportunities that complement economic development strategies in other parts of City and promoting a jobs-housing balance to the extent practicable. 16. Seamlessly integrating the Project site into City by: emphasizing Mixed Use development; ensuring land use compatibility within and surrounding the Project site; minimizing through-traffic on minor residential streets. 17. Reducing the impact of the automobile and energy consumption by: facilitating public transit opportunities to and within the Project area to the extent feasible; providing a system of bikeways, parks, and pedestrian paths to facilitate access to parks, recreational areas and the waterfront from all parts of Alameda. 18. Protecting and improving the waterfront by enhancing views of water and public access to the waterfront in all development and creatively encouraging the usage of the waterfront, by providing open space and other amenities. 19. Providing adequate vehicular access to and within the Project area without impeding access to existing areas of City. 20. Providing parks within the Project site to service the needs of the Project site and surrounding neighborhoods. 21. Promoting energy efficiency in facility development, utilizing recycled materials to the extent feasible, and applying low water demand techniques in all new development, including all landscape development. 22. Ensuring that each portion of the Project area, as developed, is suitable for the intended use and consistent with protection of human health and the environment prior to occupancy. 23. Establishing a comprehensive framework and hierarchy for the overall site to ensure that the basic infrastructure elements will be functionally and aesthetically integrated throughout the development. The City Council has weighed the above benefits of the proposed Project against its unavoidable environmental risks and adverse environmental effects identified in the FEIR and hereby determines that those benefits outweigh the risks and adverse environmental effects and, therefore, further determines that these risks and adverse environmental effects are acceptable. 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 meeting assembled on the 2nd day of April, 2013, by the following vote to wit: AYES: Councilmembers Chen, Daysog, Ezzy Ashcraft, Tam and Mayor Gilmore – 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 3rd day of April, 2013. Lara Weisiger, City Clerk City of Alameda