exhibit a - addendum, mnd and mmrp

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


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


and/or building permit, and

during site development work



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



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.


City of Fremont

Public Works

Department


and/or building permit



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.


City of Fremont

Building Division

During project design and

construction



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.


City of Fremont

Building Division

During project construction

exhibit a - addendum, mnd and mmrp

Documents