exhibit a - addendum, mnd and mmrp
TRANSCRIPT
Page 1 of 2
DRAFT MITIGATED NEGATIVE DECLARATION
The following proposed project has been reviewed, pursuant to the provisions of Resolution No. 3231, as amended, of the
City Council of the City of Fremont for the purpose of determining the likelihood of a significant adverse environmental
impact occurring as a result of project completion.
NAME OF PROJECT: Stevenson City Parcel General Plan Amendment
PROJECT NO.: PLN2014-00198
DESCRIPTION OF PROJECT:
The proposed project includes a General Plan Amendment to change the land use for the subject 2.3 acre property from
Open Space (Park) to Medium Density Residential. The property is also proposed to be rezoned from Open Space (O-S)
to a Preliminary Planned District. The property was originally designated as Open Space in the General Plan and included
as part of Fremont Central Park; however, the City has determined the property will not be developed with park uses and
is considered surplus. The City is proposing to redesingate the property to allow for Medium Density Residential (14.6 to
29.9 units per acre) uses prior to the disposal (sale) of the property.
There are no specific plans to develop the property at this time. For the purpose of this Initial Study it is assumed the
property would develop in the future at the maximum density allowed in the Medium Density General Plan land use
designation, which allows a maximum of 29.9 units per acre. Furthermore it was assumed project would meet
development standards for the Multi-Family Residence (R-3) Zoning District. Based on the maximum density the 2.3
acre parcel could develop with a total of 69 units. The project would also include a subdivision map.
LOCATION OF PROJECT: South side of Stevenson Boulevard, west of Stevenson Place, Fremont, CA (APNs: 525-
0001-022-00)
GEOGRAPHIC LOCATION WITHIN CITY: Central Community Plan Area
NAME OF AUTHORIZED AGENT OF APPLICANT: Jessica von Borck, Deputy City Manager
MAILING ADDRESS OF APPLICANT/AGENT: 3300 Capitol Ave., Building A, Fremont, CA 94538
TYPE OF ENTITLEMENT SOUGHT: General Plan Amendment and Rezoning to a Preliminary Planned District
EXPLANATION OF REASONS FOR THE FINDING: A finding is proposed that this project will not have a
significant effect on the environment. The project is an infill development in an urban area that does not displace, destroy,
or remove significant wildlife habitat or other natural resources, and the project will include land use controls in
conformance with the City codes and policies, as well as with other responsible agency regulations. Furthermore, the
project includes specific mitigation measures addressing potentially significant impacts to aesthetics, air quality,
biological resources, cultural resources, hydrology/water quality and noise.
Public Hearing: The Planning Commission is tentatively scheduled to consider the project at its June 12, 2014 meeting
and the City Council is tentatively scheduled to consider the project at its July 15, 2014 meeting. Planning Commission
and City Council meetings are held in the City Council Chambers located at 3300 Capitol Avenue, Fremont, CA 94538.
All environmental documents are available for review by the public at the Planning Division office located at 39550
Liberty Street, Fremont, CA 94538.
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Any comments as to whether the Draft Mitigated Negative Declaration should become final or whether an EIR should be
prepared for the project must be submitted within 20 days of the posting of this Draft Mitigated Negative Declaration.
The comment period begins May 12, 2014 and ends June 10, 2014.
If this Draft Mitigated Negative Declaration becomes final by any approval agency other than the City Council, any
person who wishes to protest such final action must do so within ten days of the date it becomes final by the filing of a
written protest with the City Clerk and by payment of the required protest fee. If this Draft Mitigated Negative
Declaration becomes final by City Council action, any person who disagrees with Council action may seek judicial
review.
Posted within the Development Services Center on May 12, 2014.
Notice of Determination to be sent to:
[X] Posting of Notice [X] County Clerk
[ ] Mailed to owners of contiguous [ ] Clearinghouse
property
[ ] Publish notice
IF THERE ARE ANY QUESTIONS OR COMMENTS, PLEASE CONTACT:
David Wage Associate Planner 510-494-4447
NAME TITLE PHONE NUMBER
Mitigation and Monitoring Plan (MMP) – Stevenson Place General Plan Amendment (PLN2014-00198)
Impact Mitigation Measure Implementation Monitoring
Responsibility
Status / Timing
Air quality
management/ air
pollution control
Mitigation Measure Air-1: Prior to the issuance of a grading and/or
building permit, whichever occurs first, the following best
management practices shall be included in a dust control plan to
limit particulate matter (dust emissions) and noted on construction
plans with a designated contact person for on-site implementation of
the dust control plan.
1. All exposed surfaces (e.g., parking areas, staging areas, soil
piles, graded areas, and unpaved access roads) shall be watered
two times per day.
2. All haul trucks transporting soil, sand, or other loose material
off-site shall be covered.
3. All visible mud or dirt track-out onto adjacent public roads
shall be removed using wet power vacuum street sweepers at
least once per day. The use of dry power sweeping is
prohibited.
4. All vehicle speeds on unpaved roads shall be limited to 15 mph.
5. All roadways, driveways, and sidewalks to be paved shall be
completed as soon as possible. Building pads shall be laid as
soon as possible after grading unless seeding or soil binders are
used.
6. Idling times shall be minimized either by shutting equipment
off when not in use or reducing the maximum idling time to 5
minutes (as required by the California airborne toxics control
measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for
construction workers at all access points.
7. All construction equipment shall be maintained and properly
tuned in accordance with manufacturer‘s specifications. All
equipment shall be checked by a certified visible emissions
evaluator.
8. Post a publicly visible sign with the telephone number and
person to contact at the lead agency regarding dust complaints.
This person shall respond and take corrective action within 48
hours. The Air District‘s phone number shall also be visible to
ensure compliance with applicable regulations.
Developer/Contractor City of Fremont
Planning and
Building Divisions
Prior to issuance of a grading
and/or building permit, and
during site development work
Mitigation Monitoring Plan (PLN2014-00198) – Page 2
Impact Mitigation Measure Implementation Monitoring
Responsibility
Status / Timing
Biological
Resources
Mitigation Measure Bio-1:
Implementation of formal California Department of Fish and
Wildlife Guidelines to avoid and minimize impacts to Burrowing
Owls.
In conformance with federal and state regulations regarding the
protection of raptors, a habitat assessment in accordance with
California Department of Fish and Wildlife Guidelines for
burrowing owls shall be completed prior to the start of construction.
Burrowing owl habitat on the project site and within a 500-foot (150
m) buffer zone shall be assessed. If the habitat assessment
concludes that the site and immediate vicinity lack suitable
Burrowing Owl habitat, no additional action would be warranted.
However, if suitable habitat is located on, or immediately adjacent
to the site, all Burrowing Owl habitat shall be mapped at an
appropriate scale, and the following mitigation measures shall be
implemented:
1) In conformance with federal and state regulations regarding the
protection of raptors, a pre-construction survey for Burrowing
Owls, in conformance with California Department of Fish and
Wildlife Guidelines, shall be completed no more than 30 days
prior to construction within suitable habitat.
2) No Burrowing Owls will be evicted from burrows during the
nesting season (February 1 through August 31). Eviction
outside the nesting season may be permitted pending evaluation
of eviction plans and receipt of formal written approval from
the California Department of Fish and Wildlife authorizing
eviction.
3) A 250-foot (76 m) buffer, within which no new activity will be
permissible, will be maintained between project activities and
nesting Burrowing Owls during the nesting season. This
projected area will remain in effect until August 31 or at the
California Department of Fish and Wildlife’s discretion and
based upon monitoring evidence, until the young owls are
foraging independently.
4) If accidental take (disturbance, injury, or death of owls) occurs,
the developer shall notify the California Department of Fish
and Wildlife immediately.
Developer/Contractor City of Fremont
Planning and
Building Divisions,
California
Department of Fish
and Wildlife
Prior to issuance of a grading
and/or building permit, and
during site development work
Mitigation Monitoring Plan (PLN2014-00198) – Page 3
Impact Mitigation Measure Implementation Monitoring
Responsibility
Status / Timing
If preconstruction surveys determine that Burrowing Owls occupy
the site and avoiding development of occupied areas is not feasible,
then habitat compensation on off-site mitigation lands should be
implemented. Habitat Management (HM) lands comprising existing
Burrowing Owl foraging habitat and breeding habitat should be
acquired and preserved. An area of 6.5 acres (2.6) the amount of
land found to be necessary to sustain a pair or individual owl)
should be secured for each pair of owls, or individual in the case of
an odd number of birds. As part of an agreement, the project
applicant shall secure the performance of its mitigation duties by
providing the California Department of Fish and Wildlife with
security in the form of funds that would:
1. Allow for the acquisition and/or preservation of 6.5 acres (2.6
ha) of HM lands;
2. Provide initial protection and enhancement activities on the
HM lands, potentially including, but not limited to, such
measures as fencing, trash clean up, artificial burrow creation,
grazing or mowing, and any habitat restoration deemed
necessary by the California Department of Fish and Wildlife;
3. Establish an endowment for the long-term management of the
HM lands; and
4. Reimburse the California Department of Fish and Wildlife for
reasonable expenses incurred as a result of the approval and
implementation of this agreement.
Cultural Resources Mitigation Measure Cult-1: If any archaeological or
paleontological resources or human remains are encountered
during grading or site disturbance, the following measures shall be
implemented: All work shall cease within a 200-foot radius of the
discovery until it can be evaluated by a qualified archaeologist.
Work shall not continue until the archaeologist conducts sufficient
research and data collection to make a determination as to the
significance of the resource. If the resource is determined to be
significant and mitigation is required, the first priority shall be
avoidance and preservation of the resource. If avoidance is not
feasible, an alternative archaeological management plan shall be
prepared that may include excavation. If human remains are
discovered, the Alameda County Coroner’s office shall be notified
as required by state law. All excavation and monitoring activities
shall be conducted in accordance with applicable regulations.
Developer/Contractor
City of Fremont
Planning and
Building Divisions
During site development work
Mitigation Monitoring Plan (PLN2014-00198) – Page 4
Impact Mitigation Measure Implementation Monitoring
Responsibility
Status / Timing
Hydrology and
Water Quality
Mitigation Measure Hydrology and Water Quality-1: Prior to
construction activities, the applicant shall prepare a comprehensive
drainage plan for review and approval by the City Engineer. The
plan shall consider proposed and existing facilities, their locations,
grades and stormwater flows, and shall implement measure to
ensure flows would be managed and/or directed into stormwater
drainage and management facilities, to the extent needed to
manage localized flooding erosion, and sedimentation. The plan
shall also include construction of additional stormwater
management facilities and BMPs, which may include but would
not be limited to swales, detention basins, infiltration basins,
increased use of pervious surfaces and other stormwater controls as
warranted.
Developer/Contractor
City of Fremont
Public Works
Department
Prior to issuance of a grading
and/or building permit
Mitigation Monitoring Plan (PLN2014-00198) – Page 5
Impact Mitigation Measure Implementation Monitoring
Responsibility
Status / Timing
Noise Mitigation Measure Noise-1: The following measures shall be
included in the design of the project prior to issuance of building
permits:
Noise-sensitive outdoor use (common) areas shall be mitigated
to an Ldn of 60 dB(A) or less through the installation of a five-
foot-tall sound-wall along the western property line. If there
are changes in the site plan that affect the noise-sensitive
outdoor use, the developer shall demonstrate to the Community
Development Director or designee that the changes do not
exceed the 60 dB(A) threshold, prior to issuance of a building
permit.
Provide a suitable form of forced-air mechanical ventilation, as
determined by the local building official, for units throughout
the site, so that windows can be kept closed at the occupant’s
discretion to control interior noise and achieve the interior
noise standards.
Provide sound rated windows and doors to maintain interior
noise levels at acceptable levels. Additional treatments may
include, but are not limited to, sound rated wall construction,
acoustical caulking, insulation, acoustical vents, etc. Noise
insulation features shall be designed to control maximum
instantaneous noise levels in residences to 50 dBA Lmax in
bedrooms, 55 dBA Lmax in other habitable rooms, and to also
achieve the 45 dBA Ldn interior noise standard.
Confirm the final specifications for noise insulation treatments
during final design of the project. Results of the analysis,
including the description of the necessary noise control
treatments, shall be submitted to the City along with the
building plans and approved prior to issuance of a building
permit.
Mitigation Measure Noise-2: The following measures shall be
included in the design of the project prior to issuance of building
permits:
Structures with habitable space shall be setback a minimum of
80 feet from the centerline of the Union Pacific Railway
Tracks.
Developer/Contractor
City of Fremont
Building Division
During project design and
construction
Mitigation Monitoring Plan (PLN2014-00198) – Page 6
Impact Mitigation Measure Implementation Monitoring
Responsibility
Status / Timing
Noise Mitigation Measure Noise-3: Prior to issuance of grading and/or
building permits for the proposed project, whichever occurs first, the
following measures shall be included on construction documents
and implemented during grading and construction activities:
Construction equipment shall be well maintained and used
judiciously to be as quiet as practical.
All internal combustion engine-driven equipment shall be
equipped with mufflers, which are in good condition and
appropriate for the equipment.
“Quiet” models of air compressors and other stationary noise
sources shall be utilized where technology exists.
Stationary noise-generating equipment shall be located as far as
feasible from sensitive receptors when sensitive receptors
adjoin or are near a construction project area.
Unnecessary idling of internal combustion engines shall be
prohibited.
Construction related traffic shall be routed along major
roadways and as far as feasible from sensitive receptors.
Grading and construction activities (including the loading and
unloading of materials and truck movements) shall comply with
the noise standards contained in the City of Fremont’s
Municipal Code which limits such activities to certain times of
the day and week to reduce noise impacts on adjacent
properties. These restrictions are:
Monday-Friday, 7 a.m. to 7 p.m.
Saturday and Holidays, 9 a.m. to 6 p.m.
Sunday, no construction activity allowed
Businesses, residences, or noise-sensitive land uses adjacent to
construction sites shall be notified of the construction schedule
in writing. A “construction liaison” shall be designated that
would be responsible for responding to any local complaints
about construction noise. The liaison would determine the
cause of the noise complaints (e.g., starting too early, bad
muffler, etc.) and institute reasonable measures to correct the
problem. A telephone number for the liaison shall be
conspicuously posted at the construction site.
Developer/Contractor
City of Fremont
Building Division
During project construction