Agenda packet, regular meeting — Emeryville City Council, March 17, 2026 (part 4 of 6)

o New traffic signal modifications on Shellmound Street will be constructed using shallow spread footings that do not exceed 4 feet in depth, as determined in the tribal consultation.
• The curb colors, loading zones, and disabled parking zones described in Attachment A.
• Authorize vehicle access restrictions pursuant to California Vehicle Code section 21101 and designate transit-only lanes pursuant to California Vehicle Code section 21655.

Taking these actions will allow the City to deliver on the Updated Project's longpromised safety benefits and fulfill the requirements of the numerous grants that have been secured. Following Council's approval, staff will prepare to solicit bids, with construction anticipated to begin in late 2026.

STRATEGIC PLAN CONNECTION (IF APPLICABLE)
• Top priorities 2025 – 2026: Bicycle and pedestrian focused projects (i.e. 40th Street redesign and Ashby interchange)

FISCAL IMPACT
The total estimated cost for the 40th Street Multimodal Project, including all design and construction phases, is $34.1 million. Staff has diligently worked for several years to build a robust funding plan, leveraging City investment to attract major grants from local, regional, state, and federal partners. To date, the City has successfully secured the full funding required to deliver the project.

The Updated Project is fully funded by a diverse portfolio of highly competitive outside grants and a much smaller portion of City funds. The City's success in securing these grants affirms the Project's regional significance and its alignment with state and federal priorities for safety, transit efficiency, and equity.

A summary of the project's funding plan by phase is provided below:

Funding Source Funding Amount ($)
Statewide SB1 Active Transportation Program
(ATP) Cycle 5
1,374,000
Alameda County Transportation Commission
Countywide Transportation Plan 2022
2,000,000
Alameda County Transportation Commission
Countywide Transportation Plan 2026
8,376,000
Alameda County Transportation Commission
Countywide Transportation Plan 2025
2,000,000
Metropolitan Transportation Commission RM3 Safe
Routes to Transit and Bay Trail Program
13,167,000
California State Earmark (PLBP) 375,000
40th Street Multimodal Project - IS/MND Adoption and Authorize Bids City Council Meeting | March 17, 2026

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California Department of Housing and Community
Development Affordable Housing and Sustainable
Communities (AHSC) Program
3,800,000
US Department of Housing and Urban Development
FY2024 Community Project Funding
850,000
Grants Subtotal 31,942,000
City's General Capital Fund (Fund 475) 657,000
Developer Contribution (Fund 473) 310,001
1999 Revenue Bond Fund (Fund 444) 76,914
1999 Bay Street Shellmound Capital Project Fund
(Fund 441)
1,072,000
Other Funds Subtotal 2,115,915
Total Funding Available 34,057,915
Of the funding supporting the Project, approximately $850,000 consists of federal funds, which required the project to comply with federal environmental review requirements under the National Environmental Policy Act (NEPA). Because federal funding is administered through Caltrans, the project was required to complete additional documentation and consultation processes beyond those required under CEQA.

To date, approximately $685,900 in environmental review and supporting technical analysis has been completed to support environmental clearance under both CEQA and NEPA. Consultant cost tracking indicates that approximately $250,000 of environmental work completed to date is attributable to federal NEPA requirements, including preparation of federal environmental documentation and coordination with Caltrans as the federal lead agency.

Overall, there was approximately $359,000 in NEPA-related work, primarily associated with federal cultural resource compliance and consultation. This includes PreConstruction Cultural Research and Reporting ($147,040) and Tribal Participation and Consulting Services ($190,960) required to complete Section 106 consultation and cultural resource review associated with federal environmental clearance.

In addition, tribal cultural resource compliance requirements established through the NEPA review process will require monitoring and reporting during construction.

Estimates for these activities, which include archaeological monitoring, tribal monitoring, and preparation of cultural resource documentation, are currently estimated to range between approximately $650,000 and $1,000,000, depending on construction sequencing and the level of monitoring required. These services are anticipated to be procured as part of a future construction management and environmental compliance services contract.

Staff will calculate the finalized costs and fiscal impact at the time of Construction Contract Award and will return to the City Council for approval of such award. 40th Street Multimodal Project - IS/MND Adoption and Authorize Bids City Council Meeting | March 17, 2026

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STAFF COMMUNICATION WITH THE PUBLIC
City staff have developed a dedicated webpage on the City's official website providing comprehensive, up-to-date information about the Updated Project. This resource is intended to enhance transparency and keep the public informed throughout the Updated Project's duration. In addition, extensive public outreach has occurred including but not limited to:

Mailers:
• 612 postcards were sent to residents and businesses within a quarter-mile of the corridor.
• 454 detailed mailers were delivered directly along 40th Street and intersecting unsignalized streets, with an additional 11 hand-delivered where needed. • In November 2025, an additional 12,860 mailers were sent within 0.5 miles of the project’s footprint to notify adjacent property owners, residents, and businesses of the public comment period for the draft IS/MND.

Stakeholder Engagement:

Extensive stakeholder engagement has occurred throughout the development of the Updated Project. Engagement activities have included community workshops, meetings with residents and businesses, targeted outreach to corridor stakeholders, and ongoing communication through phone and email.

Examples of stakeholder engagement activities include:
• 7 in-person meetings held in June–July 2023 with property owners, residents, and business representatives where project presentations and materials were shared.
• 4 virtual workshops conducted to gather community feedback and discuss project design concepts.
• A community workshop in August 2018 along with intercept surveys conducted at bus stops in Fall 2018.
• Telephone outreach, including at least 9 calls with residents and business representatives regarding project questions and coordination. • 16 additional in-person meetings with 42 stakeholders, including property owners and business leaders within the corridor.
• Two dedicated meetings in early 2026 with residents of the 1440 By The Bay senior living facility to address concerns and refine loading zone and frontage design details along 40th Street.

Surveys & Feedback:
• The Project received 203 survey responses.

In addition to formal outreach, the project team has maintained open lines of communication, responding to a steady volume of weekly emails and phone calls to ensure the public has continuous access to project information. The Updated Project has been refined for nearly a decade, with items being brought to various Bicycle and 40th Street Multimodal Project - IS/MND Adoption and Authorize Bids City Council Meeting | March 17, 2026

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Pedestrian Committee meetings, Transportation Committee meetings, and (23) twentythree items confirming direction and progress of the project at City Council since 2017.

CONFLICT OF INTEREST
None.

CONCLUSION
Staff recommends that the City Council adopt the above-entitled resolution adopting an initial study/mitigated negative declaration for the project in accordance with the California Environmental Quality Act (CEQA);authorizing the City Engineer to advertsie the Project for construction bids; authorizing vehicular access regulations pursuant to California Vehicle Code Section 21101 and designating transit-only lanes pursuant to California Vehicle Code Section 21655.1; and confirming that Project plans include disabled parking zones, loading zones, and curb colors requested by adjacent properties.

PREPARED BY: Ryan O’Connell, Senior Civil Engineer

ATTACHMENTS
• Draft Resolution
o Attachment A – Project Description with Curb Color Modifications o Attachment B – Final Initial Study / Mitigated Negative Declaration RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE ADOPTING AN INITIAL STUDY / MITIGATED NEGATIVE DECLARATION FOR THE 40TH

STREET MULTIMODAL PROJECT IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA); AUTHORIZING THE CITY ENGINEER TO ADVERTISE THE PROJECT FOR CONSTRUCTION BIDS; APPROVING VEHICLE

ACCESS RESTRICTIONS PURSUANT TO CALIFORNIA VEHICLE CODE SECTION 21101 AND DESIGNATING TRANSIT-ONLY LANES PURSUANT TO CALIFORNIA VEHICLE CODE SECTION 21655.1; AND CONFIRMING THAT PROJECT PLANS

INCLUDE DISABLED PARKING ZONES, LOADING ZONES, AND CURB COLORS

REQUESTED BY ADJACENT PROPERTIES
WHEREAS, the City of Emeryville has developed the 40th Street Multimodal Project (“Project”) to improve safety and mobility for pedestrians, bicyclists, transit riders, and motorists along the 40th Street corridor; and
WHEREAS, the Project includes roadway design improvements along 40th Street and Shellmound Street and related improvements to portions of San Pablo Avenue and adjacent side streets in order to enhance multimodal connectivity and improve safety and operational efficiency along a key regional transportation corridor; and WHEREAS, the Project has been developed through a multi-year public planning process involving extensive community outreach, technical analysis, and multiple City Council actions beginning in 2017; and
WHEREAS, on March 3, 2020, the City Council approved the conceptual design for the Project and directed staff to continue refinement of the design concept; and WHEREAS, on July 18, 2023, the City Council adopted Resolutions No. 23-105, 23-106, 23-107, and 23-108 directing staff to refine the Project design and incorporate additional multimodal improvements including access management strategies on several side streets intersecting with 40th Street; and
WHEREAS, on November 18, 2025, the City Council approved the final Project description and design concept (the Updated Project) and directed staff to complete environmental review pursuant to the California Environmental Quality Act (CEQA) prior to returning for final Updated Project approval; and
WHEREAS, the City prepared an Initial Study / Mitigated Negative Declaration (IS/MND) for the Project in accordance with CEQA; and
WHEREAS, the IS/MND was circulated for a 45-day public review period beginning November 24, 2025 and ending January 7, 2026; and
WHEREAS, the City received comments from public agencies, organizations, and members of the public during the comment period and prepared written responses to all Resolution No. _____
40th Street Multimodal Project - IS/MND Adoption and Authorize Bids City Council Meeting | March 17, 2026

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substantive environmental comments in a Response to Comments document which, together with the Draft IS/MND and the Mitigation Monitoring and Reporting Program, constitutes the Final IS/MND; and
WHEREAS, the City Council has reviewed and considered the Final IS/MND and finds that the document reflects the independent judgment of the City of Emeryville and that the Project will not have a significant effect on the environment with implementation of the mitigation measures identified in the IS/MND; and
WHEREAS, the Project includes vehicular access restrictions at Hubbard Street and Haven Street and partial vehicular access restrictions at Holden Street and Watts Street where those streets intersect with 40th Street in order to reduce turning conflicts and improve corridor safety and operations; and
WHEREAS, pursuant to California Vehicle Code Section 21101, local authorities may regulate vehicular access on public streets through roadway design features and traffic control devices to improve traffic safety and circulation; and WHEREAS, the Project includes dedicated transit-only lanes along portions of 40th Street and Shellmound Street intended to improve transit reliability and support the City’s multimodal transportation goals; and
WHEREAS, pursuant to California Vehicle Code Section 21655.1, transit-only lanes must be designated by ordinance or resolution of the local authority; and WHEREAS, following consultation with affected properties, the Updated Project plans include installation and relocation of disabled parking zones, establishment of loading zones, and installation of curb color modifications including red curb safety zones at transit stops and other locations necessary to support transit operations, intersection visibility, and multimodal safety within the project corridor; and WHEREAS, the Project is consistent with policies of the Emeryville General Plan supporting multimodal transportation safety, active transportation infrastructure, and improved transit operations; now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville that the City Council adopts the Final Initial Study / Mitigated Negative Declaration for the 40th Street Multimodal Project and accompanying Mitigation Monitoring and Reporting Program (together the Final IS/MND, attached hereto as Attachment B and incorporated herein by reference) based on the following findings:
▪ The Final IS/MND was prepared in accordance with the CEQA and reflects the independent judgment of the City of Emeryville based upon the entire record for the Updated Project, including all staff reports, public hearings, and comments received.

Resolution No. _____
40th Street Multimodal Project - IS/MND Adoption and Authorize Bids City Council Meeting | March 17, 2026

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▪ There is no substantial evidence in the record that the Updated Project may have a significant effect on the environment with implementation of the mitigation measures identified in the Mitigation Monitoring and Reporting Program for the Final IS/MND. ▪ The City Clerk is the custodian of records for the Final IS/MND and all documents associated with approval of the Updated Project.
and, be it, further
RESOLVED, by the City Council of the City of Emeryville that the City Council authorizes the City Engineer to advertise the 40th Street Multimodal Project for construction bids as described in Attachment A (incorporated herein by reference); and, be it, further RESOLVED, by the City Council of the City of Emeryville that the City Council approves vehicular access restrictions at Hubbard Street, Haven Street, Holden Street, and Watts Street where those streets intersect with 40th Street in order to reduce turning conflicts and improve corridor safety and operations, as described in Attachment A, pursuant to California Vehicle Code section 21101; and, be it, further RESOLVED, by the City Council of the City of Emeryville that the City Council approves the dedicated transit-only lanes along portions of 40th Street and Shellmound Street intended to improve transit reliability and support the City’s multimodal transportation goals, as described in Attachment A, pursuant to California Vehicle Code section 21655.1; and, be it, further
RESOLVED, by the City Council of the City of Emeryville that the City Council confirms that the Updated Project plans include the disabled parking zones, loading zones, and curb color modifications described in Attachment A, including red curb safety zones and the loading zone along the frontage of 1440 By The Bay, as requested by adjacent properties.

Resolution No. _____
40th Street Multimodal Project - IS/MND Adoption and Authorize Bids City Council Meeting | March 17, 2026

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Resolution No. _____
40th Street Multimodal Project - IS/MND Adoption and Authorize Bids City Council Meeting | March 17, 2026

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ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held March 17, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY

ATTACHMENTS
▪ Attachment A – Project Description with Curb Color Modifications ▪ Attachment B – Final Initial Study / Mitigated Negative Declaration Attachment A – Project Description
Project Description:

The Updated Project would enhance existing infrastructure on 40th Street (Adeline Street to IKEA Entrance) and Shellmound Street (IKEA Entrance to Christie Avenue) through the construction of 1.4 miles of two-way separated Class IV bikeway, transitonly lanes, transit islands, pedestrian enhancements, a transit hub with complete street intersection improvements, and closing the unsignalized intersections of Hubbard Street and Haven Street on the north side of 40th Street, partial southbound closures at the unsignalized intersections of Holden Street and Watts Street on the north side of 40th Street per the Emeryville City Council Resolution 23-105, 23-106, 23-107, and 23-108 (July 18, 2023).

The Updated Project also includes vehicular access regulations at Hubbard Street and Haven Street and partial vehicular access regulations at Holden Street and Watts Street where they intersect with 40th Street, implemented through roadway design features and traffic control devices in accordance with California Vehicle Code Section 21101.

The Updated Project further includes designation of transit-only lanes along portions of 40th Street and Shellmound Street in accordance with California Vehicle Code Section 21655.1.

The Updated Project also includes curb regulation modifications, including disabled persons parking zones and loading zones as illustrated in the attached curb regulation exhibits. Additionally, the Updated Project includes installation of red curb markings at transit stops and other locations necessary for safety and operational purposes, as well as establishment of a new white curb loading zone along the frontage of the 1440 By The Bay residential property. The curb regulations for transit stops and other locations necessary for safety and operational purposes will be reflected in the project plans. 40th Street (Adeline Street to IKEA Entrance) improvements would include:
• Lane realignment to accommodate two-way separated Class IV bikeway on the north edge of the roadway.
• Thin grind and asphalt concrete overlay.
• Asphalt concrete conforms adjacent to new concrete work. • Full depth pavement reconstruction in areas of new islands for bikeway separation.
• Removal of existing roadway improvements as needed.
• Construction of sidewalk on Hubbard Street.

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Attachment A – Project Description
• Multi-use pathway connection between Hubbard Street and Halleck Street up to

4.5 feet in height.
• Addition of concrete bus pads at bus stops.
• Installation of a loading zone design along the frontage of the 1440 By The Bay property as selected by the residents and incorporated into the final project design.

Curb Regulation Modifications would include:
• Installation and relocation of disabled persons parking zones and loading zones along the Updated Project corridor as shown in the attached curb regulation exhibits.
• Installation of a 100-foot white curb loading zone with a one-hour time limit parking limited to one hour between the hours of 6:00 AM and 8:00 PM unless otherwise posted along the frontage of the 1440 By The Bay residential property (as shown in the attached curb regulation exhibit) to accommodate emergency vehicles, passenger loading, resident move-ins, deliveries, and service vehicles. • Installation of red curb markings along portions of the project corridor within the project limits to accommodate transit stops, intersection daylighting, and other safety improvements associated with the project. Red curb locations will be installed as shown on the project plans.

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1003 W. Cutting Blvd., Suite 110
Point Richmond, CA 94804
NCE Project No. 803.11.55
Final Initial Study/Mitigated Negative
Declaration
ATPL-5106(010) 40th Street Transit and Multi-Modal
Enhancements Project
Emeryville, CA
SCH#2025090436
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
March 2026
t 1NCE
Attachment B
Final Initial Study/Mitigated Negative Declaration
ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Emeryville, CA
SCH#2025110887
March 2026
Prepared for:

City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
Contact:

Ryan O’Connell
City of Emeryville
(510) 596-4300
[email protected]
NCE
1003 W. Cutting Blvd., Suite 110
Point Richmond, CA 94804
(510) 215-3620
NCE Project No. 803.11.55

f tNCE Collaboration. Commitment. Confidence.SM
Engineering & Environmental Services www.ncenet.com
ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Table of Contents Emeryville, CA
Final Initial Study/Mitigated Negative Declaration March 2026 i
Table of Contents
1 Introduction ............................................................................................................................1 2 Comments Received on the Draft IS/MND and Responses .......................................................2

2.1 Introduction .............................................................................................................................. 2

2.2 Agency Comments on the Draft IS/MND.................................................................................. 3

2.3 Public Comments on the Draft IS/MND that do not Address Environmental Issues.............. 11

2.4 Public Comments on the Draft IS/MND that Address Environmental Issues......................... 38 3 Text Revisions to Public Review Draft IS/MND....................................................................... 80

3.1 Revisions Based on Project Design Change Errata.................................................................. 80 4 Text Revisions to Public Review Draft MMRP......................................................................... 83 5 Public Review Draft IS/MND .................................................................................................. 87 ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Introduction Emeryville, CA
Final Initial Study/Mitigated Negative Declaration March 2026 1 1 Introduction
Pursuant to Section 15085 of the California Environmental Quality Act (CEQA) Guidelines, the City of Emeryville (City) submitted a Notice of Intent to Adopt (NOI), a Notice of Completion, and a Public Review Draft Initial Study/Mitigated Negative Declaration (IS/MND) to the California State Clearinghouse for the proposed ATPL5106(010) 40th Street Transit and Multi-Modal Enhancements Project (project) on November 24, 2025. In addition, and consistent with Section 15072 of the CEQA Guidelines, the City posted the NOI with the Alameda County Clerk. In accordance with Section 15105(b) of the CEQA Guidelines, the Draft IS/MND and NOI were available for public review until January 7, 2025. In response to the publication of the Draft IS/MND for public review, 3 agency comment letters were received. These comment letters are presented and responded to in this document.

As discussed in the below responses, the comments received did not identify any additional significant effect(s), any increase in the severity of an impact identified in the Draft IS/MND, or any significant new information.

Consistent with CEQA Guidelines Section 15073.5, recirculation of the Draft IS/MND is not required (CEQA Guidelines Section 15073.5).

2.1 Introduction
This section includes transcriptions of the comments received during the public review period on the Draft IS/MND and responses to those comments. Changes to the Draft IS/MND based on the City’s consideration of public comments address substantive CEQA issues and are outlined in Section 3. The comments and responses plus the Public Review Draft IS/MND (as amended) comprise the Final IS/MND.

Where multiple comments raise similar concerns (e.g., access, parking, traffic congestion, truck movements), those concerns are addressed through consolidated topical responses rather than repetitive letter‑by‑letter replies. This approach is consistent with CEQA Guidelines and case law and ensures that all substantive environmental issues are fully addressed.

Several comments were received during public review of the Draft IS/MND that indicated a preference for or opposition to the proposed project or elements of the project. These types of comments addressing the project’s merits do not allege inadequacies in the Draft IS/MND or otherwise comment on the physical environmental conditions or impacts disclosed and evaluated as part of the Public Review Draft IS/MND and, therefore, do not warrant a response under CEQA. If the comment raises a common concern, it is generally addressed in the topical responses to comments that do not address environmental issues. If the comment raises an environmental issue or question, this document provides a response both through topical responses or directly. Regardless, all comments submitted on the Public Review Draft IS/MND that address the merits of the project or project elements will be part of the overall record for the project which will be provided to the decision-making body for their review. Where a comment raises a preference for or against the project or an element of the project, that fact is noted in the response, or the commenter is referred to this response.

The comment letters are transcribed in the responses and numbered in order of receipt by the City as listed in Table 1.

Table 1: List of Commenters
Comment
Number Commentor Comment Number Commentor
1 Karl Bankowski 29 Gabriela Gusu, Robert Higgins (Nordstrom) 2 Pacific Gas and Electric 30 John Lewerenz (Cushwake-Petes) 3 Robert Alvarado (1440 By the Bay) 31 David Bruck (Park Avenue Building LLC) 4 Irene Nexica 32 Tom DeVries
5 Department of Toxic Substances Control 33 Michelle Xiju 6 A.S. 34 Peter Fobel
7 Yao Saeteurn (Bay Wheels Bike Share) 35 Marc N.
8 Ezra Goldman 36 Brennan Carpenter (1447 Park Ave Building) 9 Evan Schneider 37
B. Avalon (1440 By the Bay Resident Council
Petition)
10 Crystal Bender 38 Kevin Xu (Pacific Home and Garden) 11 Jared 39
Deborah Himy Cohen (Rug Depot Outlet/Bon
Motif Company)
ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 3 12 Bruce K. Trenery (Fantasy Junction) 40
Deborah Himy Cohen, Curt Himy (Rug Depot
Outlet/Bon Motif Company)
13 Tim Robison, Marianne Robison, Anna Wirt
(Buttner Properties) 41 Steve Lam
14 Tim Robison, Marianne Robison, Anna Wirt
(Buttner Properties) 42 Richard Haig
15 Dave Kritzberg 43 Leonore Reiser
16 East Bay Municipal Utility District 44 Anthony Walter 17 Fran Quittel 45 Connie Chan
18 Andrew Pomerantz (Ellis Partners) 46 Michael Keaton
19 Jacky Li (Granite Expo) 47 Bobby Lee
20 Gabriela Gusu, Robert Higgins (Nordstrom) 48 Alex Lenahan 21 Kitty Li (Granite Expo) 49 Patrick Dowd
22 Annie Truong (Granite Expo Employee) 50 Carly Stock
23 Emily Yang (Granite Expo Employee) 51 Will Freyman
24 Canhuang Fang (Granite Expo Employee) 52 Peter Fobel 25 Irene H. (Granite Expo Employee) 53 Daniel Mullen
26 Annie Truong (Granite Expo Employee) 54 Jean Walsh (AC Transit) 27 Jenny Lau (Granite Expo Employee) 55 Adelia Stout
28 Jessica Li (Granite Expo Employee)
Comments on the project were submitted during public review of the Draft IS/MND, and many address the same issue and/or are duplicated response letters. Master responses are provided at the beginning of each section to avoid duplication in responses to the extent feasible. Comments have been transcribed and are followed by either a reference back to a master response and/or technical responses to each comment. Each comment is assigned the number identifier from Table 1, above, as numbered by the City in the order received. Comments are organized and responded to in 3 categories: 1) agency comments; 2) public comments that do not address environmental issues; and 3) public comments addressing environmental issues.

2.2 Agency Comments on the Draft IS/MND
Comment letters are numbered per the order they were received by the City, as identified in Table 1, above.

Comment Letter 2: Pacific Gas and Electric Company (PG&E), November 28, 2025 Comment 2-1
We acknowledge receipt of your letter.

At your earliest convenience, kindly confirm whether you wish to proceed with a plan review. We will be pleased to assist upon receiving your confirmation.

To ensure a smooth review process and prompt responses, we kindly ask that all future inquiries include relevant documents sent as email attachments.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 4 Response to Comment 2-1
The comment is an acknowledgment of receipt and a request for confirmation to proceed with a utility plan review. This is a procedural correspondence related to project coordination and does not address the adequacy or conclusions of the environmental analysis in the Draft IS/MND; therefore, no further response is required.

Comment Letter 5: Department of Toxic Substances Control (DTSC), December 11, 2025 Comment 5-1
The Department of Toxic Substances Control (DTSC) reviewed the Mitigated Negative Declaration (MND) for the ATPL5106(010) 40th Street Transit and Multimodal Enhancements Project (Project). The Project would enhance existing infrastructure on 40th Street and Shellmound Street. The project would include the construction of 1.4 miles of two way separated Class IV bikeway, transit only lanes, transit islands, pedestrian enhancements, a transit hub with complete street intersection improvements, and closing the unsignalized intersections of Hubbard Street and Haven Street on the north side of 40th Street. Partial southbound closures will occur at the unsignalized intersections of Holden Street and Watts Street on the north side of 40th Street per the Emeryville City Council Resolution dated July 18, 2023. Project features would consist of realigning the existing lanes, removing and replacing medians, rehabilitating the pavement surface, restriping, installing green stormwater infrastructure improvements, upgrading street lighting, and reconstructing pedestrian infrastructure to accommodate a two-way parted Class IV bikeway, new sidewalk, and concrete bus pads. 40th Street (Adeline Street to IKEA Entrance) improvements would include a lane realignment to accommodate two-way separated Class IV bikeway on the north edge of the roadway, a thin grind and asphalt concrete overlay, asphalt concrete conforms adjacent to new concrete work, full depth pavement reconstruction in areas of new islands for bikeway separation, removal of existing roadway improvements as needed, construction of sidewalk on Hubbard Street, a multi-use pathway connection between Hubbard Street and Halleck Street up to

4.5 feet in height, and concrete bus pads at bus stops.

Shellmound Street (IKEA Entrance to Christie Avenue) improvements would include lane realignment to accommodate a parted two-way Class IV bikeway on the west edge of the roadway, a thin grind and asphalt concrete overlay, and asphalt concrete conforms adjacent to new concrete work. Additional roadway improvements would include excavation to a maximum depth of one foot below existing grade and an addition of one concrete bus pad at one bus stop. DTSC recommends and requests consideration of the following comments:

1. The proposed project encompasses multiple active and non-active mitigation and cleanup sites where DTSC has conducted oversight that may be impacted including the Bay Street Extension. The City of Emeryville is aware of the cap in the ROW for the Bay Street extension and is actively planning on putting signals footers and spreading centers down to 12 feet and want to target the fill material as tribal and cultural concerns are rising with this project. DTSC will be providing the City of Emeryville as much documentation as we have for depths of the cap to allow and assist in the decision-making process. In the event there is insufficient documentation, the City of Emeryville plans to advance borings to understand the limits of the cap and will have the proper soil management in place.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 5 Response to Comment 5-1
The City appreciates DTSC’s commitment to ongoing information-sharing regarding recorded hazardous materials sites in the project area. As described in Section 4.9 (Hazards and Hazardous Materials) of the Draft IS/MND, the project area includes locations with known or suspected subsurface contamination. The cap is estimated to extend 2 feet in depth and in some areas lies approximately 2 feet below ground surface.

The City of Emeryville in coordination with Caltrans has conducted appropriate AB 52/Section 106 outreach and consultation with Native American Tribes, as described in Section 4.18 (Tribal Cultural Resources). As a result of these consultations, signal footings have been redesigned as spread footings, which limits require excavation to 4 feet, as opposed to the original depths of 12 feet. This would still excavate within the cap at all signal locations and one drainage location but would significantly reduce excavation into soils with the potential to contain tribal cultural resources. The quantity of excavation within the hazardous materials area increases with the shallow foundation option from approximately 23 to 95 cubic yards of excavation. At an average of 15 cubic yards per truckload, this would increase the number of covered trucks hauling contaminated soils from 2 to 7.

Mitigation Measure HAZ-1 requires the contractor to implement a soils management plan that will ensure the proper handling and disposal of contaminated soils. The Draft IS/MND is amended to reflect the spread footings in Draft IS/MND Sections 3.5 and 4.9, as described in Section 3 below.

Comment 5-2

2. If buildings, asphalt, or other structures are to be demolished on any project sites included in the proposed project, surveys should be conducted for the presence of lead-based paints or products, mercury, asbestos containing materials, and polychlorinated biphenyl caulk. Removal, demolition, and disposal of any of the above-mentioned chemicals should be conducted in compliance with California environmental regulations and policies. In addition, sampling near current and/or former buildings should be conducted in accordance with DTSC’s Preliminary Endangerment Assessment (PEA) Guidance Manual.

Response to Comment 5-2
No buildings or structures are proposed for demolition as a part of this project, as discussed in Draft IS/MND Section 3. As described in Section 4.9, pages 50 – 51 of the Draft IS/MND, demolition and removal of existing pavement and roadway infrastructure would occur as part of the project. The proposed project would comply with all applicable California environmental regulations and policies governing construction materials, including requirements for lead-based paint, asbestos-containing materials, mercury, and PCBs. Compliance with these regulations is mandatory and is not considered mitigation but a part of the project, thus no additional mitigation is required.

Comment 5-3

3. DTSC recommends all imported soil/fill material be tested to ensure all COCs meet screening levels as outlined in DTSC's PEA Guidance Manual. Furthermore, DTSC advises referencing the DTSC Information Advisory Clean Imported Fill Material Fact Sheet if importing fill is necessary. To minimize the possibility of introducing contaminated soil/fill material there should be documentation of the origins of the soil/fill material and, if applicable, sampling be conducted to ensure that the imported soil/fill material are suitable for the intended land use. The soil sampling should include analysis based on the source of the soil/fill and knowledge of prior land use.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 6 Response to Comment 5-3
The City concurs with DTSC’s recommendation regarding imported soil and fill material and works closely with DTSC on all activities that can penetrate the cap. As a result of the prior Shellmound Street Extension project, a Covenant to Restrict Use of Property (Land Use Covenant) between the City of Emeryville and DTSC was established in 1996 in order to manage residual contaminated soil that remained on the site after the remedial actions as part of the project. The site which this Land Use Covenant covers stretches from approximately 300 feet north of Temescal creek, to the earthen embankment on the west of the 40th Street/Shellmound Street bridge.

As per the 1996 Land Use Covenant, the following restrictions apply to the site:
• Restriction of the Site to use as a roadway; no other uses allowed without prior approval by DTSC. • No activities that will disturb the soil shall be permitted without a soil management plan and health and safety plan approved by DTSC.
• Contaminated soils brought to the surface shall be managed in accordance with all applicable provisions of state and federal law.
• The Site will be used in such a way as to preserve the integrity of the cap. • Owner shall not conduct any activities which would cause a potential threat to public health and safety. • Owner shall monitor and maintain caps, as specified in the Operation and Maintenance Plan for the Site. 2 • Any proposed alteration of the cap shall require written approval of DTSC. • Owner shall notify DTSC of any cap disturbances and subsequent repairs which would affect cap integrity.
• Owner grants DTSC an easement to the Site for inspection, surveillance monitoring and other activities consistent with the purposes of the Covenant as deemed necessary by DTSC to protect the public health and safety.

The proposed project would maintain the site's use as a road and would improve pedestrian and bicyclist safety while improving public transit efficiency. The City has actively engaged with DTSC during the design process, and all contaminated soil below the Shellmound Street cap disturbed by the project would be managed in accordance with project-specific Soil Management Plans (and Groundwater Management Plans) which are required for work that involves breaching the cap and subsurface work that could potentially encounter the cap and/or contaminated soils and groundwater, as noted in Draft IS/MND Section 4.9.1. Mitigation Measure HAZ-1 requires that the Soil Management Plan explicitly address handling and disposal of soil, on-site soil management, offsite soil disposal, profiling of soil, transportation routes, and dust mitigation controls. No changes to the HAZ-1 are necessary. However, an error in transferring the full text of HAZ-1 to the draft Mitigation and Monitoring Plan is corrected in Section 3 Errata, below.

In addition, the City of Emeryville entered into an Operation and Maintenance Agreement with DTSC on September 30, 1996, that required the City to implement an Operation and Maintenance Plan (O&M Plan) to conduct regular inspection of conditions of the cap along the Shellmound Street site. The City would continue to ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 7 comply with O&M Plan. Coordination between DTSC and the City would continue throughout project implementation.

Comment 5-1 (cont.)
DTSC would like to thank you for the opportunity to comment on the MND for the ATPL5106(010) 40th Street Transit and MultiModal Enhancements Project. Thank you for your assistance in protecting California’s people and environment from the harmful effects of toxic substances. If you have any questions or would like clarification on DTSC’s comments, please respond to this letter or via our CEQA Review email for additional guidance.

Comment Letter 16: East Bay Municipal Utility District (EBMUD), January 5, 2025 East Bay Municipal Utility District (EBMUD) appreciates the opportunity to comment on the Initial Study/Mitigated Negative Declaration (IS/MND) for the 40th Street Transit and Multi-Modal Enhancements Project (Project) located in the Cities of Emeryville and Oakland. EBMUD has the following comments.

Comment 16-1

WATER DISTRIBUTION PIPELINE
EBMUD owns and operates water distribution and transmission pipelines within the proposed Project area (see Attachment A - EBMUD Distribution System maps). These pipelines are necessary to provide continuous water service to EBMUD customers in the area. EBMUD also owns and operates an 84-inch wastewater interceptor and 12-inch recycled water main in EBMUD rights-of-way (R/W) 4950 and R/W 4951 in Shellmound Street, a 12-inch recycled water main in EBMUD R/W 5436, a 12-inch water main in EBMUD R/W 5360 in Christie Avenue and Ohlone Way, and an 8-inch water main in R/W 4348 which provide continuous service to EBMUD customers in the area. The integrity of these pipelines needs to be maintained at all times. Any proposed construction activity in EBMUD rights-of-way would be subject to the terms and conditions determined by EBMUD including relocation of the water mains and/or rights-of-way at the City of Emeryville's expense.

If proposed modifications to the streets require a pipeline relocation, the relocation costs would be at the City of Emeryville's expense. The City of Emeryville's cost liabilities include, but are not limited to, the cost for EBMUD to perform a planning study to determine project hydraulic impacts and mitigations, cost for installing and operating temporary water distribution facilities, and the cost for designing and constructing the pipeline relocation(s).

It is imperative that the City of Emeryville continue to coordinate with EBMUD during the development of street improvement projects, so reasonable time can be provided for planning, design, and construction to avoid schedule impacts due to possible conflicts. The City of Emeryville and EBMUD will need to continue to work together in finalizing the scope of work for EBMUD infrastructure adjustments and relocations. EBMUD requires reasonable time to allocate resources and modify internal construction schedules. EBMUD recommends at least 18 months advance notification for upcoming street improvement projects to allow for a reasonable amount of time to perform water pipeline relocations.

Table 1 provides a typical project schedule for EBMUD to design and relocate approximately 1,500 feet of 8-inch water pipeline. The required time may increase or decrease depending on the size, length, and complexity of the water pipeline project; and if constructed by EBMUD crews or by Contractor.

Table 1. Typical Project Schedule for Installation of 1,500 feet of 8-inch Pipeline ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 8 Required Time Schedule Task
1 month Receive Street Improvement and Understand Impacts 1 month Review Project and Planning Assessment
2 months Collect Survey Data or Use Existing Survey from Requesting Agency 2 months Draft Base Drawing for Water Main Relocation
3 months Design Water Main Relocation
2 months Develop Construction Bid Documents
3 months Advertise and Award Water Main Relocation Project 4 months Install New Water Main and Provide Temporary Paving 18 months Reasonable Notification Time
(Typical Project: 1,500 feet of 8-inch pipe)
EBMUD's Standard Site Assessment Report and the Project's IS/MND indicate the potential for contaminated soils or groundwater to be present within the Project site boundaries. The City of Emeryville should be aware that EBMUD will not install piping or services in contaminated soil or groundwater (if groundwater is present at any time during the year at the depth piping is to be installed) that must be handled as a hazardous waste or that may be hazardous to the health and safety of construction and maintenance personnel wearing Level D personal protective equipment. Nor will EBMUD install piping or services in areas where groundwater contaminant concentrations exceed specified limits for discharge to the sanitary sewer system and sewage treatment plants.

The City of Emeryville must submit copies to EBMUD of all known information regarding soil and groundwater quality within or adjacent to the Project boundary and a legally sufficient, complete, and specific written remediation plan establishing the methodology, planning and design of all necessary systems for the removal, treatment, and disposal of contaminated soil and groundwater.

EBMUD will not design piping or services until soil and groundwater quality data and remediation plans have been received and reviewed and will not start underground work until remediation has been carried out and documentation of the effectiveness of the remediation has been received and reviewed. If no soil or groundwater quality data exists, or the information supplied by the City of Emeryville is insufficient, EBMUD may require the City of Emeryville to perform sampling and analysis to characterize the soil and groundwater that may be encountered during excavation. Alternatively, EBMUD may perform such sampling and analysis at the City of Emeryville's expense. If evidence of contamination is discovered during EBMUD work on the Project site, work may be suspended until such contamination is adequately characterized and remediated to EBMUD Standards.

EBMUD's water distribution pipelines and valves must always be accessible to EBMUD staff in order to maintain high-quality domestic water and fire flow services and mitigate for planned and unplanned pipeline outages. The City of Emeryville is responsible for protecting in-place pipeline valves and ensuring that pipeline valves are ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 9 accessible (i.e., not paved over) during and after Project construction. EBMUD recommends that the City of Emeryville review EBMUD as-built drawings and identify potential utility conflicts between Project improvements and existing EBMUD pipelines.

Attached are EBMUD guidelines for requesting pipeline as-builts that include pipeline vertical data (see Attachment B - EBMUD Map & Utility Information Request Form and Guidelines). EBMUD's process for requesting as-built drawings is a two steps process: 1) request EBMUD water distribution maps, and 2) submit to EBMUD marked-up EBMUD water distribution maps identifying which water pipeline as-builts are needed to evaluate water pipelines within street improvements. In some cases, EBMUD as-builts are not available and in those situations EBMUD recommends local agencies to pothole and field locate utilities.

EBMUD'S DESIGN STANDARDS AND SPECIFICATIONs
When evaluating the need and method for relocating and adjusting EBMUD infrastructure (e.g., pipelines, meters, valves, and fire hydrants), please review EBMUD's Design Standards and Specifications for Mains 20- inches and Smaller, which are located on the following webpage under "Apply for water main extension" under "Application for water services": https://www.ebmud.com/customers/new-meter-installation.

PIPELINE VALVE COVER ADJUSTMENTS
For utility conflicts between the Project and existing EBMUD pipeline valve covers, the City of Emeryville must share conflict locations with EBMUD, and existing and final pavement grade elevations. EBMUD will support paving street improvement projects as follows:

Grade change less than 0.5-inches - For street improvement projects with a grade change elevation less than 0.5- inches, EBMUD is not obligated to adjust pipeline valve covers to facilitate the construction of street improvements, pursuant to streets & Highways Code Section 680, which states that EBMUD may not be required to relocate its facilities for a temporary purpose. However, EBMUD will provide valve cover rings, at no cost, to be used to make valve cover adjustments as needed. The City of Emeryville is responsible for protecting in-place EBMUD pipeline valve covers which will be inspected by EBMUD staff post project completion. Pipeline valves must remain accessible during and after project construction for water distribution operations (i.e., not paved over).

Grade change greater than 0.5-inches - For street improvement projects with a grade change elevation greater than 0.5-inches, EBMUD will support the Project by adjusting pipelines valve covers (one time) to the final street grade. However, EBMUD is not obligated to adjust valves during construction to facilitate means and methods for completing street improvements, pursuant to streets & Highways Code Section 680, which states that EBMUD may not be required to relocate its facilities for a temporary purpose. The City of Emeryville is responsible for protecting in-place EBMUD pipeline valve covers which will be inspected by EBMUD staff post project completion.

Pipeline's valves must remain accessible during and after project construction for water distribution operations (i.e., not paved over).

Pipeline Valve Cover Upgrades - If the City of Emeryville determines a need to upgrade old pipeline valve covers to the new Christy G-05 Valve Box and Rise Installation, EBMUD will provide the valve boxes and covers, and will reimburse the City of Emeryville for the valve box upgrade at a reasonable cost. To upgrade pipeline valve covers and boxes, the City of Emeryville must enter into a Valve Box Agreement with EBMUD prior to start of pipeline valve cover upgrades. An EBMUD Union notification will be required to complete the work by the City of Emeryville's contractor.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 10 WATER METER RELOCATIONS AND ADJUSTMENTS
When a public agency like the City of Emeryville completes street improvements (e.g., replace sidewalks, street pavement, and storm drain pipelines) to improve both street safety and street aesthetics, EBMUD supports the agency by relocating water meters to meet Project objectives, current design standards (e.g., meters need to be placed at 1-foot off the face of curb), and mitigate utility conflicts. EBMUD relocates water meters to their new location once the area is staked and is ready for final meter placement (e.g., forms for new sidewalk and other features are in place). The City of Emeryville is then responsible for relocating the customer's private water service line to the new meter location. EBMUD is not financially liable for work beyond the water meter (i.e., private water line).

HYDRANT RELOCATIONS OR ADJUSTMENTS (SET-BACKS/SET-FORWARDS) When the City of Emeryville completes street improvements (e.g., replaces sidewalks and curbs) to improve both street safety and street aesthetics, it must ensure that there are no conflicts between existing EBMUD fire hydrants and new curb ramps and sidewalks. Fire hydrants must be located 5 feet from the edge of curb ramps and 20 to 24 inches from the face of street curbs. Hydrant relocations are horizontal offsets that require the installation of new hydrant service laterals; hydrant relocations require the City of Emeryville to submit Hydrant Relocation Application with EBMUD's New Business Office (510-287-1010) or via EBMUD's online water service application at https://wsa.ebmud.com.

WATER RECYCLING
Projects listed in the IS/MND include landscaping improvements within public rights-of-way. The Project lies within the boundaries of EBMUD's Recycled Water Reuse Zone. As plans progress for landscaping improvements within EBMUD's service area, please contact EBMUD's New Business Office to discuss the possibility of serving these landscaped areas with recycled water.

EBMUD's Policy 9.05 requires that customers use non-potable water, including recycled water, for non-domestic purposes when it is of adequate quality and quantity, available at reasonable cost, not detrimental to public health, and not injurious to plant, fish and wildlife to offset demand on EBMUD's limited potable water supply.

Appropriate recycled water uses include landscape irrigation, commercial and industrial process uses, toilet and urinal flushing in non-residential buildings, and other applications. For the Project, applicable usages include using recycled water for construction activities such as dust control, street and equipment washing, and as such, the City of Emeryville should consider trucking recycled water for proposed Project areas within EBMUD's service area.

EBMUD operates a truck filling street at its Main Wastewater Treatment Plant that provides free recycled water for customers and the public upon applying and certification. The City of Emeryville is encouraged to coordinate with EBMUD's Office of Water Recycling to utilize recycled water for their applicable construction activities.

PRE-CONSTRUCTION MEETING
The City of Emeryville shall invite EBMUD's Central Area Service Center Superintendent, Mario Soares (510-287- 1104 or [email protected]) and Assistant Superintendent, Isaiah Hinton (510-287-1829 or [email protected]) to all pre-construction meetings.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 11 Response to Comment 16-1
The City appreciates EBMUD outlining their requirements and will work closely with EBMUD to ensure its timelines and requirements are met for construction. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

2.3 Public Comments on the Draft IS/MND that do not Address Environmental Issues The following public comments on the project either provide general support or opposition to the project. These comments did not allege that the Draft IS/MND failed to adequately address any potential environmental impacts. Such comments are provided to the Emeryville City Council for consideration, but do not constitute comments on the adequacy of the Draft IS/MND.

While community input is a key part of every approval process, the CEQA document is only one part of that process and is focused on specific topics that address potential adverse impacts on the physical environment.

CEQA Guidelines § 15204(c) explains that reviewers “should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments. Pursuant to Section 15064, an effect shall not be considered significant in the absence of substantial evidence.”
Comments that make generalized assertions or express opinions regarding the project or potential project effects without providing supporting rationale, data, or references to credible sources, and comments that are purely opinion-based, speculative, or lack a factual foundation, do not constitute substantial evidence under CEQA. CEQA Guidelines § 15384 defines substantial evidence to include “facts, reasonable assumptions predicated upon facts, or expert opinion supported by facts,” but specifically excludes “argument, speculation, unsubstantiated opinion or narrative … evidence which is not credible or the result of mere speculation.” Accordingly, where comments express a concern that the project would cause an effect without identifying specific impacts, citing relevant data or factual evidence, and explaining the analytical basis for the assertion, those comments are considered non-substantial for purposes of CEQA. Lead agencies are not required to treat such unsupported assertions as the basis for re-analysis or additional environmental study. An assertion lacking evidentiary support does not alter the conclusions reached in the Draft IS/MND and does not meet the “fair argument” threshold that would necessitate further analysis under CEQA.

Lead agencies must nonetheless carefully review and properly respond to all comments submitted. In providing responses, an agency’s obligation is to make a good-faith, reasoned effort to respond to comments on environmental issues and, where appropriate, point to the absence of factual support for a comment’s conclusions or indicate where the administrative record adequately addresses the issue. In sum, comments that express support for a project or disagreement with the project’s merits or that are based on generalized opinion without factual evidence are acknowledged for the record, but do not require revisions to the document’s analysis in the absence of credible evidence showing that the Draft IS/MND has failed to adequately consider a significant environmental effect.

Master Response 2.3-1: Access, Outreach, and Alternatives to the Project Design The process of developing concepts for multimodal improvements that would implement the goals of improved safety and comfort for pedestrians started in the Spring of 2018 with preparation of a range of initial design ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 12 concepts for the bus hub and 40th Street west of San Pablo Avenue. The development of these initial concepts was based on the review and assessment of existing conditions along the 40th/Shellmound Street Corridor. The draft concepts were summarized in the Initial Range of Design Concepts Memorandum and presented to the public, transit agency staff, and elected City officials from August to October of 2018. This outreach and input gathering process included an on-line survey, pop-up event, public workshop, and a series of commission and committee meetings as well as a presentation to the City Council.

The following list provides a comprehensive timeline of public participation events and meetings conducted for the 40th Street-San Pablo Bus Hub Project in the planning phase:
• 2018 - Range of Design Options Phase
o May 2 – Bus Stops Survey (regarding potential elimination of stops at Emery or Harlan Street) o May 17 – AC Transit and Emery Go-Round Coordination Meeting o June 12 – Focus Group Meeting (for interested parties located west of San Pablo Avenue) o June 19 – Focus Group Meeting (for interested parties located east of San Pablo Avenue) o August 9 to September 8 – On-line Survey – Range of Design Options o August 21 – Pop-ups at Bus Stops
o August 22 – Community Workshop
o August 23 – Planning Commission
o August 30 – AC Transit-Emeryville Interagency Liaison Committee o September 10 – Bicycle/Pedestrian Advisory Committee
o September 20 – Transportation Committee
o September 20 – Public Art Committee
o October 16 – City Council Study Session #1
o December 18 – City Council Study Session #2
• 2019 - Preferred Concept Design Phase
o March 25 – Caltrans District 4
o March 26 – AC Transit and Emery Go-Round Coordination Meeting o May 15 – Watermark Senior Living at 40th/Horton
o May 6 to September 9 – On-line Survey
o May 22 – Community Workshop
o May 23 – Planning Commission
o June 3 – Bicycle/Pedestrian Advisory Committee
o June 13 – Transportation Committee
o July 9 – City Council Approval
• July 11 – Public Art Committee
ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 13 A final project concept was approved by the Emeryville City Council on March 3, 2020. This approval included the preferred concept design with the two-way protected bikeway. Since that time, the City has obtained several grants to deliver the preferred concept design. As listed above, the project has been presented to City Council for direction numerous times during the final design process, and additional outreach has been conducted. Outreach information and the public meetings are summarized on the public engagement page of the project, located at the 40th Street Multimodal Project info page (https://fp.mysocialpinpoint.com/40thstreetmultimodal). Please refer to the website for further detail.

The City Council approved the design concepts for the full and partial vehicle access restrictions for several unsignalized intersections on 40th Street (Resolution No. 23-105) on July 18, 2023. At the same meeting, Council also expanded the project's scope to include the Shellmound Street segment to Christie Avenue, directing staff to advance the engineering for these updated plans. The extension of the project enabled the City to obtain $13 million in Safe Routes to Transit and Bay Trail Program funds to close the funding gap for project construction.

The location of the two-way protected bikeway on 40th Street and on Shellmound Street considered the reduction of vehicular traffic conflict points. The project concept and details were thoroughly vetted and various options were considered throughout the development of the design. Additional safety features and accommodations for property owner operations were incorporated and fine-tuned during the final design process. Since the Draft IS/MND concluded that this project, as mitigated, would not cause any significant environmental impacts and no fair argument has been presented that further environmental review or an EIR is required, an analysis of alternatives that could reduce or lessen significant impacts is not required under CEQA.

The project design history and outreach process detailed above demonstrates the City’s commitment to exploring options before bringing the best project design forward for approval.

The project improvement plans were also reviewed in detail with the Alameda County Fire Department Deputy Fire Marshal during the summer of 2025. Final Fire Department comments were addressed by the design team.

Emergency responders would be permitted access through the vehicular access restrictions at Hubbard, Haven, Holden, and Watts and would also be able to use the bus only lane.

Comments expressing disagreement with the project based on personal opinions regarding access, outreach, and alternatives do not allege that the Draft IS/MND is legally inadequate, do not identify a potentially significant environmental impact, and do not require additional analysis or revisions to the Draft IS/MND. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Master Response 2.3-2: Parking Availability and Access
Public comments expressed general concerns regarding loss of parking and how that could affect customers, businesses, or residents in the corridor. The City recognizes that parking changes may affect travel behavior and convenience; however, these changes do not result in environmental impacts under CEQA.

The City respects the opinion of its citizens and neighbors and would continue to address concerns outside the CEQA process. The City notes that the courts have consistently held that parking is not an environmental issue.

San Franciscans Upholding the Downtown Plan v. City & County of San Francisco (2002) 102 Cal.App.4th 656, held that “the social inconvenience of having to hunt for scarce parking spaces is not an environmental impact.” However, "the secondary effect of scarce parking on traffic and air quality is." Transportation and air quality were addressed in the Draft IS/MND in sections 4.17 and 4.3. Parking was removed from the CEQA Guidelines ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 14 checklist in 2009, and the court in Save Our Access – San Gabriel Mountains v. Watershed Conservation Authority (2021) 68 Cal.App.5th 8 reaffirmed that CEQA generally does not address the adequacy of a project's parking or its “impacts on parking.”
The planned removal of on-street parking was recognized in the November 2025 traffic operations and safety memorandum prepared by Diablo Engineering for the City and Caltrans, provided as Appendix D in the Draft IS/MND. The project benefits outweighed the minor reduction in parking in the assessment. Access was analyzed with the design, and numerous access improvements have been incorporated into the project, including upgrades to sidewalks, curb ramps, and the addition of new handicap accessible parking spaces throughout the project area. City staff, the construction management team, and the Contractor would also work closely with property and business owners to phase the work to reduce any temporary, construction-related inconveniences including access. The Draft IS/MND evaluates transportation and air quality, which are the relevant environmental considerations under CEQA.

Accordingly, comments expressing disagreement with the project based on parking do not identify a potentially significant environmental impact and do not require additional analysis or revisions to the Draft IS/MND. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Master Response 2.3-3: Economic and Business Impacts
Several comments assert that the project could negatively affect business operations, customer access, or economic viability. The City respects the opinion of its citizens and neighbors supporting economic development in Emeryville. The City notes that economic impacts, including potential changes in customer behavior or business revenues, are not environmental impacts under CEQA as they do not result in a direct physical change or reasonably foreseeable change in the environment as a result of the project (CEQA Guidelines § 15358(b)).

Accordingly, comments expressing disagreement with the project based on assumptions of effects on business operations, customer access, or economic viability do not identify a potentially significant environmental impact and do not require additional analysis or revisions to the Draft IS/MND. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Master Response 2.3-4: Project Cost, Funding, and Taxpayer Value Multiple commenters expressed opposition to the project based on its cost, the City’s spending priorities, or the perceived value of the project to taxpayers. While the City acknowledges and respects these opinions, such considerations do not constitute environmental impacts under CEQA .

CEQA applies only to activities that may cause a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines § 15378). Economic or fiscal considerations—such as how public funds are spent, whether a project represents a prudent investment, or whether resources should be allocated to alternative public services—do not, by themselves, result in physical environmental changes and are not subject to CEQA review. Relatedly, CEQA Guidelines § 15358(b) clarify that economic or social effects are not treated as environmental effects unless they lead to a physical change in the environment.

Accordingly, comments expressing disagreement with the project based on its cost, funding source, or perceived fiscal merit do not identify a potentially significant environmental impact and do not require additional analysis or revisions to the Draft IS/MND. These comments are noted for the record; however, they do not raise issues ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 15 within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Master Response 2.3-5: Traffic Congestion and Safety
Several comments requested inclusion of a traffic congestion analysis with a quantification of potential increases in traffic volumes along local and regional roadways and identification of existing and project level of service (LOS) for those roadways. However, pursuant to CEQA and the State CEQA Guidelines, as amended in 2018, the City can no longer measure or evaluate environmental impacts using a congestion-based analysis such as LOS or delay. Delay is no longer considered an environmental impact under CEQA.

When California Senate Bill 743 was signed into law in 2013, it required the Governor’s Office of Planning and Research to develop new CEQA guidelines establishing criteria “for determining the significance of transportation impacts” that use vehicle miles traveled (VMT), or a similar metric, instead of measures of congestion or delay, such as LOS. The legislation includes the following language, which was added as Section 21099(b)(2) to CEQA:

Upon certification of the guidelines by the Secretary of the Natural Resources Agency pursuant to this section, automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion shall not be considered a significant impact on the environment… (Public Resources Code [PRC] Section 21099[b][2], emphasis added)
In late 2018, amendments to the CEQA Guidelines were adopted, including Section 15064.3, “Determining the Significance of Transportation Impacts,” which implemented CEQA Statutes Section 21099. It focuses on VMT, and includes the statement that, except for roadway capacity projects (e.g., adding lanes to a freeway), “a project’s effect on automobile delay shall not constitute a significant impact.” The 2018 amendments to the CEQA Guidelines further state:

Applicability. The provisions of this section shall apply prospectively as described in section 15007. A lead agency may elect to be governed by the provisions of this section immediately.

Beginning on July 1, 2020, the provisions of this section shall apply statewide.

The Draft IS/MND was released for public review in late 2025, after the mandate to prohibit consideration of traffic congestion as a significant effect. Consistent with the requirements of CEQA, an analysis of potential LOS conditions with implementation of the project was not included, except as an information item in the traffic operations and safety memorandum (Draft IS/MND Appendix D). Further, and with respect to requests to include an LOS analysis for disclosure purposes, CEQA places a high priority on focusing on the significant environmental effects of a project and reducing paperwork. Section 15143 of the CEQA Guidelines states that MNDs “shall focus on the significant effects on the environment.” Section 15006 provides a litany of means by which the length of a document should be managed. As a result, the inclusion of a technical discussion of LOS conditions in and around the project area was not considered in line with the CEQA Guidelines or in accordance with CEQA requirements.

That said, the City did prepare a traffic operations and safety memorandum (40th Street Multimodal Project – Part 1 and Part 2, August 29, 2025), which shows intersection operations of LOS D or better along 40th Street with project implementation, and LOS B or better along Park Avenue. The analysis was based on traffic data collected in 2023 and 2024 and the traffic data was forecast to consider already approved but not yet ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 16 constructed major development projects as well as the automobile and truck rerouting that would result from the project’s turn restrictions. Prior to the changes in CEQA legislation described above, the City of Emeryville had identified LOS degradation to be significant if an intersection operating at LOS D or better changed to LOS E or LOS F with project implementation. The City notes that even under this older standard the 40th Street Multimodal Project’s projected LOS D would be considered a less than significant impact.

The Abrams Associates traffic study was referenced by some commentors, who alleged that the Abrams study was inconsistent with the City’s traffic operations and safety memorandum. The Abrams study was reviewed by the City team, and the project description and analysis in the Abrams Associates traffic study does not match the approved project description and lane configurations for the 40th Street Multimodal Project. Thus, the Abrams study does not accurately evaluate the project under consideration. The City also notes that even though the City’s study did not evaluate a 2045 forecast, the relative change in traffic operations with the project in its opening year is expected to be consistent with the relative change in a future 2045 scenario.

Further, the 40th and Shellmound Street corridors are noted in the Emeryville General Plan (Figure 3.2) as Transit Streets. These streets are primary routes for AC Transit, Emery-Go-Round, and other public transit providers. Transit use is given priority on Transit Streets. The project incorporates transit only lanes to facilitate transit consistent with the street typology in the General Plan. Note that while the transit only lanes prioritize transit services, the lanes can also be used by emergency services when the general-purpose lanes are congested. These streets are also noted in the Emeryville General Plan (General Plan Figure 3.3) as Regional Retail Access Routes and as such should be designed to accommodate all transportation modes. The project’s bike lanes make last mile connections for bike riders connecting employment and residential areas, major transit centers, and the Bay Trail; and the project provides greater separation between pedestrians and automobiles.

All of these project elements are consistent with the Emeryville General Plan. Again, the General Plan’s designation of these streets as transit-oriented routes is not a CEQA issue, but the City directs the commenters who request additional traffic analysis to view these provisions in the General Plan, which is the constitution for the City.

The project also follows the Safe System Approach to proactively address vulnerable road user safety by reducing speed, removing conflicts, and separating users in space and time. Refer to the Fehr & Peers technical memorandum, titled 40th Street Multimodal Project – Part 1 and Part 2 (August 29, 2025), for a detailed discussion of how the project incorporates features consistent with the Safe Systems Approach. Safety features of the project include the two-way cycle track providing a dedicated and protected space for riding; enhanced intersections with shorter crossing distances, accessible waiting areas, protected bicycle movements, and upgraded signal timing and phasing; side street full and partial restrictions to minimize conflicts between pedestrians, bike riders, and motor vehicles; and transit islands to separate bike riders from buses and pedestrian (un)loading activities. In addition to the project’s safety elements, the City is also implementing its sustainable streetscape project, which is a citywide effort to implement projects that are intended to enhance safety for streets like Park Avenue.

The Abrams study suggested the City should just use legacy reactive and crash-history–driven safety analysis methods that rely primarily on quantified collision data. However, the safe systems approach also considers vehicle speed implications, sight distance implications, conflict points, compliance with driving laws, adequacy of traffic control, adequacy of bike and pedestrian facilities, all of which reduce behaviors leading to crashes.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 17 In sum, comments expressing disagreement with the project based on assumptions of increased traffic congestion do not identify a potentially significant environmental impact and do not require additional analysis or revisions to the Draft IS/MND. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 1: Karl Bankowski, November 28, 2025
Comment 1-1
As an avid biker and resident, I want to give my full support to the planned project ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancement Project.

Response to Comment 1-1
Comments expressing agreement with the project do not identify a potentially significant environmental impact, and do not require additional analysis or revisions to the Draft IS/MND. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 3: Robert Alvardo, December 3, 2025
Comment 3-1
As the Executive Director of 1440 By the Bay, an assisted living and memory care facility licensed to serve up to 175 residents at 1440 40th Street, Emeryville, I write to express my deep concerns regarding the proposed 40th Street Transit Project. I also request consideration of alternatives that would not eliminate access to transportation and medical services for our disabled residents or pose additional hazards to them as they access bus service and crosswalks.

The proposed project would eliminate the multi-space white-curb drop-off zone and additional parking spaces directly in front of our facility. Very few of our residents can drive. The white space provides our residents with direct access to East Bay Paratransit, family members, and others who transport them to medical appointments and other activities. This space is used dozens of times daily. Emergency Medical Service vehicles also routinely use this space to respond to residents’ emergency needs. This space is directly in front of our entryway, monitored 24/7 by a front desk attendant who can automatically open the locked doors, making it the safest entry and exit point for residents.

It does not appear that the proposed project would allow East Bay Paratransit to stop in the bus lane to load passengers (which can be time-consuming, e.g., given the need to transfer residents in and out of wheelchairs).

Moreover, residents and their attendants would need to cross a two-way cycle track, and accessible vehicles with side ramps would have no option but to open their ramp directly into the active cycle track to exit the vehicle.

Two-way cycle tracks, especially when e-bikes and e-scooters travel at high speeds, pose extreme safety hazards to all pedestrians, particularly mobility-impaired and visually impaired people who cannot react quickly enough to avoid collisions.1 The American Council of the Blind has called for a moratorium on new floating bus stops until more research is completed.2 Further, the proposed bus islands and crosswalks could only be accessed by crossing a two-way cycle track.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 18 While I am relatively new to 1440 By the Bay, I am not aware that any specific outreach to this facility was conducted, nor is there any mention of outreach to senior and disability communities generally, in the project’s summary of outreach.3 Moreover, the alternatives do not include any other options to placing a two-way cycle track on 40th Street (such as a cycle track, or a quiet cycle boulevard that would not require erecting access barriers, on a parallel street). The Americans with Disabilities Act (ADA) requires street alterations to be readily accessible to and usable by individuals with disabilities to the maximum extent feasible; however, feasibility cannot be determined without considering alternatives.

The proposed project (and alternatives studied) appears to focus primarily on the safety of cyclists. (E.g., “Community feedback underscored the need for a design that minimizes conflict points between vehicles and nonmotorized users. The two-way separated Class IV bikeway addresses these concerns by providing a physical barrier between cyclists and motor vehicles, thereby reducing the risk of collisions.”4) No consideration appears to have been given to the hazards posed by two-way cycle tracks, particularly for seniors and people with disabilities.

Under Title II of the ADA, the City is required to ensure that all programs, services, and activities are accessible to individuals with disabilities. Cycle track designs, by obstructing or eliminating access to transit and parking, may constitute a violation. At a minimum, the proposed two-way cycle track that eliminates or impairs access to transportation and emergency services for the residents of 1440 By the Bay should be evaluated through an ADA lens before proceeding.

1. The hazards posed by island bus stops are shown in this video from the City of Victoria in British Columbia, Canada: https://www.youtube.com/watch?v=XJMol5KYaoE.

2. American Council of the Blind, comments to U.S. Department of Transportation regarding public right of way access guidelines (PROWAG), September 23, 2024.
https://www.acb.org/sites/default/files/ACB_DOT%20PROWAG%20NPRM_comments.docx.

3. See, e.g., Fehr Peers Technical Memorandum, Subject: 40th Street Multimodal Project – Phase I Multimodal Transportation Analysis (October 28, 2024), at PDF-p. 7 (“City Decision Process”) and PDF-p. 46 (“Community Outreach Efforts”). Available at: https://hdp-us-prod-app-fp-spp-files.s3.us-west2.amazonaws.com/6617/3749/0077/40th_Traffic_Analysis_Part_I.pdf.

Response to Comment 3-1
The City notes that the City of Emeryville’s project manager Ryan O’Connell and Phil Erickson from Community Design and Architecture met with this commenter and the commenter discovered that he had reviewed older information about the project and did not understand the project improvements proposed in front of 1440 By the Bay. Following updated information from City staff, the commenter expressed satisfaction with the design and stated that his concerns had been addressed.

Comment Letter 4: Irene Nexica, December 9, 2025
Comment 4-1
Based on the info I've seen, I support this project to prioritize biking, walking and public transit. I use this corridor often and believe the project brings improvements.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 19 Response to Comment 4-1
Comments expressing agreement with the project based on personal opinions do not identify a potentially significant environmental impact, and do not require additional analysis or revisions to the Draft IS/MND. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 6: “A.S.”, December 12, 2025
I am writing as an Emeryville resident and homeowner to provide my comments on the Initial Study/Mitigated Negative Declaration (IS/MND) for the 40th Street Transit and Multi-Modal Enhancements Project. After reviewing the notice and project description, I have significant concerns with the proposal, particularly the lane realignment and conversion of major vehicle lanes into a two-way separated Class IV bikeway along 40th Street and Shellmound Street. I have outlined my concerns below numbered 1 through 4.

Comment 6-1

1. 40th Street is a critical primary corridor for residents and commercial traffic. 40th Street is the main access route for a high volume of daily vehicle traffic traveling to and from Emeryville’s largest retail and commercial centers, including Home Depot, Pak N Save, Target, IKEA, and numerous other businesses within the East Bay Bridge Shopping Center and Bay Street area. Reducing vehicle lane capacity on such a heavily used arterial street will create major congestion, delays, and bottlenecks — especially during peak commute times and weekends when retail traffic is highest. The IS/MND does not adequately address the realworld traffic impacts this lane reduction will create for thousands of residents and visitors who rely on 40th Street as the primary east–west connector between Emeryville and Oakland.

Response to Comment 6-1
The City appreciates your comments and concerns raised regarding traffic congestion in the project design.

Please refer to Master Response 2.3-5: Traffic Congestion and Safety for a discussion regarding why congestion is no longer considered to be an environmental impact under CEQA. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment 6-2.

2. The proposed lane reductions will create a traffic nightmare for Emeryville residents and commuters The project proposes lane realignment, a new two-way Class IV bikeway, removal of existing roadway improvements, new islands, and pavement reconstruction between Adeline Street and the IKEA entrance, as well as further modifications on Shellmound Street. Eliminating vehicle capacity on this route will worsen congestion and increase safety risks created by frustrated or rerouted drivers. While bicycle safety and access are important goals, 40th Street is simply not the appropriate location for such a major reallocation of roadway space.

Response to Comment 6-1.2
Please see response to comment 6-1.1.

Comment 6-3

3. More effective and less disruptive bike infrastructure options already exist ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 20 The City has already invested in bike and pedestrian infrastructure on alternative routes that are far better suited for dedicated bikeways. For example, the recently constructed 53rd Street pedestrian/bicycle bridge provides safe, convenient access from east Emeryville to the Bay Street area without interfering with major vehicle corridors. Enhancing these existing side-street connections — or developing additional parallel bike routes— would promote cyclist safety and mobility without compromising the functionality of the city’s most important traffic artery. Improving these routes would be a far more balanced and cost-effective approach.

Response to Comment 6.1-3
Please see Master Response 2.3-1: Access, Outreach, and Alternatives in the Project Design for a discussion of the extensive planning and outreach process undertaken to develop the current design. As discussed in Draft IS/MND Section 4.17, page 72 and in the traffic operations and safety memorandum (IS/MND Appendix D), the University of California SafeTREC Transportation Injury Mapping System shows that the project area experiences a high number of traffic collisions, bicycle injury collisions, and pedestrian injury collisions. As discussed in detail in the traffic operations and safety memorandum (Draft IS/MND Appendix D), the project has been designed to significantly reduce the potential for such collisions. Enhancing other bikeways, while potentially reducing the number of cyclists in this area and thus bicycle injury collisions, would not reduce the vehicle and pedestrian collisions that this project is also designed to alleviate.

Comments expressing disagreement with the project based on personal opinions regarding alternatives and design without evidence that the Draft IS/MND analysis was inadequate in defining potentially significant environmental impacts do not require additional analysis or revisions to the Draft IS/MND. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment 6-4.

4. Project represents misguided and unideal use of taxpayer funds As a homeowner who pays substantial property taxes each year, I am concerned that this project does not reflect responsible stewardship of public funds. The extensive roadway reconstruction, new concrete islands, pavement removal, and bus pad installations described in the IS/MND will require significant investment. Yet the benefits to the community are questionable, while the negative impacts — including permanent congestion — are highly likely. Taxpayer dollars should be directed toward projects that improve overall transportation efficiency and safety for the greatest number of people. This proposal does not meet that standard. Given the scale of lane reductions and reconstruction work, I do not believe the City can reasonably conclude that there will be “no substantial evidence” of significant environmental impacts, especially considering increased vehicle idling, rerouting, and congestion that will result from narrowing this key roadway.

Conclusion
For reasons 1 - 4, I strongly oppose the proposed 40th Street lane reductions and bikeway installation as outlined in the IS/MND. I respectfully urge the City to reconsider this project, pursue alternative bike access improvements on less critical streets, and protect 40th Street’s essential role as the primary commercial and commuter corridor serving Emeryville.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 21 Response to Comment 6.1-4
The City appreciates your comments and concerns regarding taxpayer value. Please refer to Master Response

2.3-4: Project Cost, Funding, and Taxpayer Value. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 8: Ezra Goldman, December 13, 2025
Comment 8-1
Thank you for the opportunity for public comment on the 40th st redesign. I am an MIT trained urban designer. I used to live in Amsterdam, China, and did a PhD on bicycle transportation behavior at U Copenhagen. I live in Oakland a couple blocks over the Emeryville line.

I bike through Mandela Parkway and Horton st to get to BART regularly. Less frequently, I cross the bike bridge to Bay st and continue toward Trader Joe’s or Public Market. I have experienced confusion while biking around Bay Street especially while turning from Christie onto Shellmound. I often find myself turning right into Shellmound (a bit of a chasm to cross through many lanes of cars) only to find there is no bike lane and I am suddenly in the middle of a super busy road with nowhere to go. This is definitely a dangerous intersection, especially for someone trying to go down Shellmound toward 40th street. This area of Shellmound around Bay Street needs better bike infrastructure that makes it clear how to navigate it safely.

While I am excited about the new bikeway, I have concerns. I am generally not a fan of 2 way bike lanes because they will always put one direction on the wrong side of the road. They make sense in recreational contexts (eg, Golden Gate Park) but cause issues in urban transportation contexts. My initial thoughts on the design are that it will be confusing to have this bike infrastructure on only one side of the road - and in particular to force cyclists to cross the street at IKEA. I worry people will not cross the street and will continue on the “right” side of the road aligned with traffic, especially if they plan to turn shortly after. For instance, someone going from Trader Joe’s to BART would not want to cross Shellmound then cross 40th again. Or someone going from Target to Public Market would also need to cross this busy road twice. People tend to take the path of least resistance, even if it is more dangerous - and this will likely lead to accidents.

Why not make two segregated lanes - one on each side of Shellmound / 40th st to prevent this confusion and reduce these conflict points? We would not make cars cross a busy road twice to get to their destination safely so why do we do this with bicycles?
Thank you for your time and effort creating better, safer bicycling infrastructure on this important route. I am sure you have many people providing feedback and I appreciate your effort fitting everyone’s needs together into a coherent plan that provides a safer design to encourage more sustainable transportation choices.

Response to Comment 8-1
The City appreciates your comments and concerns raised regarding outreach and bike routes in the project design. Please refer to Master Response 2.3-1: Access, Outreach, and Alternatives in the Project Design. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 22 Comment Letter 9: Evan Schneider, December 15, 2025
Comment 9-1
I suspect that much of this email will be a recap for you all, but I feel compelled to summarize my thoughts during the public comment period, for the record.

First of all, I applaud you for securing grant money to cover most (but not all) of the costs associated with this project. It is very difficult to transform a central and essential artery of traffic into a more bike and pedestrian friendly environment, and I sincerely believe that you did your very best -- and a commendable job -- at accomplishing that.

However, I am convinced that we will regret this project as a city, as I think that the goal is flawed and the compromises you've taken are forced. We shouldn't be focusing solely on making 40th street as safe as possible for bikes -- we should be focusing on making the city as safe and pleasant as possible for bikes, pedestrians, buses, cars, and trucks. 40th Street is an arguably ugly but factually essential conduit for traffic of all sorts, headed to destinations in Emeryville and beyond. It is not a very fun place to walk or bike, but can be a great spot to pick up a bus (as I frequently do when headed to SF) or to connect to 580 in a vehicle. Park and 45th, on the other hand, are much better places to bike and walk. This fact is reflected by the types of businesses and structures that are located around each place: Park has charming offices, residential, and small businesses while 40th has contractor supply stores and big-box retail. Park likes quiet, and foot traffic can help. 40th makes noise and likes trucks; bikes and pedestrians get in the way and present safety hazards. Both areas are essential for Emeryville and the region at large, and are equally justified in their right to exist -- but they require different roadway structures to thrive.

Adding raised bike lanes to 40th Street might make the thoroughfare incrementally safer for bikes than it currently is (TBD given two-way change and crossing traffic concerns). But it won't make it much more practical or pleasant to bike on. It will, however, certainly have the effect of mucking general traffic up, not only during the 3-year construction period, but for as long as it takes to reverse these changes.

I'm an engineer by training, and as such I value practicality and functionality quite a bit. In my eyes, this project is neither. It upsets me that, despite being in planning for years, advisory committees like the EDAC and Budget committee have not been asked to formally weigh in on how the sweeping changes will likely affect the city. I do know that every business or resident I've spoken to (aside from Council members and BPAC) thus far is against it – and many didn't even know about it. Most of my neighbors are likely to face very challenging business environments as a result of this work, and we are simultaneously hearing from many cyclists that they'll still use Park (which will be seeing more truck traffic as a result of this project). It just doesn't make much sense.

I realize that a lot of time and money are attached to the work as it is currently drawn; my goal is not to undermine anyone's work. But, as stewards of the city, I believe it is your duty to look beyond those factors and think more deeply about whether we can together make the city safer and better in a more efficient manner. My hunch is that we can, and in fact that it wouldn't take as many compromises or $34,000,000+ taxpayer dollars to get done.

Response to Comment 9-1
The City appreciates your comments and concerns raised regarding access, outreach, and traffic in the project design. Please refer to Master Response 2.3-1: Access, Outreach, and Alternatives in the Project Design, Master Response 2.3-3: Economic and Business Impacts, Master Response 2.3-4: Project Cost, Funding, and Taxpayer ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 23 Value, and Master Response 2.3-5: Traffic Congestion and Safety. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 10: Crystal Bender, December 16, 2025
Comment 10-1
I appreciate the letter you sent out. I believe our office is located in the area of the upgrades.

Can you help me understand the part that would be changing around our office location (address below).

Is my understanding of the letter correct? – Do you wish to make all of Watts Street a bike lane? Would the parking on that street go away?
Thanks so much for your time on this matter.

Response to Comment 10-1
The City reached out on January 16th, 2026, and responded to Ms. Bender’s concerns about the 40th Street Multimodal Project by clearly explaining the proposed traffic changes around Watts Street and 40th Street, including vehicle movements, parking impacts, and truck access, and provided striping plans and visual diagrams to make the layout easier to understand. These questions are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 11: Jared, December 18, 2025
Comment 11-1
My name is Jared and I frequent a few businesses off 40th St in Emeryville. I'd like to share my opposition to the 40th St bike/pedestrian project.

I lived in Emeryville for years and that area is mixed use but industrial heavy and commercial retail dominant.

Majority of folks who are accessing this area aren't doing so by walking or biking. They are getting there by car access. 34 million is also a heafty tax payer spend, when that money could be and should be utilized elsewhere on more pressing matters. I would occasionally do a leisure walk/bike ride that area when I use to work near by and it was always fine to get around it is was. Mainly I took the bus emery-go-round our drove.

Taking out a lane will increase traffic, and difficulty for the many large vehicles that need to use the roads there.

It will also negatively impact buisnesses and access to them.

I appricate you taking the time and consideration.

Response to Comment 11-1
The City appreciates your comments and concerns regarding access, traffic, economic and business impacts, and use of taxpayer funds. Please refer to Master Response 2.3-3: Economic and Business Impacts, Master Response

2.3-5: Project Cost, Funding, and Taxpayer Value, and Master Response 2.3-5: Traffic Congestion and Safety.

These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 24 Comment Letter 13: Tim Robison, December 22, 2025
Comment 13-1
Buttner Properties (BP) opposes the full closure of Hubbard Street that is part of the 40th Street MultiModal Project.

BP has operated as a licensed business in Emeryville since the late 1940s and owns properties on the northside of 40th Street between Hubbard and Halleck Street. BP has significant concerns regarding the 40thStreet MultiModal Project with reference to the proposed closure of Hubbard Street and loss of access.

Ease of access is vitally important to the success and longevity of any business. Ease of access is measured by:
- The customer’s ability to easily reach the business to obtains goods and services. - Unimpaired delivery of supplies and merchandise to the business for their ongoing operations.

Pottery and Beyond located at 4055 Hubbard Street depends on customers turning in from 40th Street. It is located directly on the northwest corner of the intersection. - Easy access is essential for customers to reach the store, purchase merchandise, and take their purchases. Merchandise is normally taken by automobile considering its size and weight. - Pottery and Beyond normally uses 24-foot box trucks for weekly inventory replenishments. The store owns a 12-foot box truck for local deliveries and obtaining merchandise. Every 2 to 3 months, a 40-foot shipping container with inventory is delivered to the store by an 18-wheel truck. These trucks turn into Hubbard Street from 40th Street and use the driveway in front of the store to unload the inventory. A forklift moves the merchandise to the rear of the property. Adequate access is needed for these deliveries.

Motivate located at 1501 Park Street has large trucks servicing eBikes and charging stations in the local area. It depends on easy access from 40th Street for large truck to move eBikes and charging stations. They have expressed significant concerns about the impact of the closure of Hubbard Street on their operations. - eBikes would seem to fit well with environmental goals of the City of Emeryville. - The business has approximately 20 employees. While we favor the proposed sidewalk on Hubbard Street in front of the building, the proposed parallel parking will pose significant challenges for employee parking near the building. Could diagonal parking be considered as opposed to the perpendicular parking that is currently allowed?
The closure of Hubbard Street will be damaging to these businesses and others located along Hubbard Street on the northside of 40th Street.
- The nearest entry would be Horton Street, which Customers will need to use before they have even seen the businesses. Otherwise, they will simply the pass the businesses and there is no easy turn around more than 0.3 miles. There are similar or greater concerns for delivery of supplies and merchandise to these businesses done by truck.

We believe the City has not understood our concerns about loss of access to and from these businesses and only made vague offers of signage and GPS, which do not address the fundamental issue of access.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 25 We understand that City has a major goal of safety for pedestrians and bicyclists with the 40th Street MultiModal Project. However, the City’s decision on the full closure of Hubbard Street did not include Buttner Properties, Pottery and Beyond, Motivate, or others as key stakeholders during their deliberations and decisions.

Thus, we believe that there was a lack of transparency and balance in these decisions. - There is easier access to Bay Trail for bicyclists from Park Street and the 45th Street Bicycle Blvd. Were options other than the full closure of Hubbard Street considered given the potential adverse impact on small businesses?
Communication outreach to impacted stakeholders was inadequate as many still do not know about the street closures or only learned of it very late in the process.

We ask for the City Council to reconsider the design of the 40th Street MultiModal Project with reference to the full closure of Hubbard Street. We appreciate that the City has gone to significant efforts to obtain grant funding for the project, but we believe your rushing into a bad decision given the failed outreach and changing dynamics within the City (e.g., addition of Sutter Health Hospital).

Response to Comment 13-1
The City appreciates your comments and concerns raised regarding access, outreach, and the project’s potential impact on local businesses. Please refer to Master Response 2.3-1: Access, Outreach, and Alternatives in the Project Design and Master Response 2.3-3: Economic and Business Impacts. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 15: Dave Kritzberg, January 4, 2026
Comment 15-1
Even though I sit on a couple advisory committees (BAC and EDAC) I was caught unawares of the scope of the 40th St. project you've been working on. While I like a lot of it, and it does improve many things, I think it's overkill and so for the first time I'm actually going to register my opposition to something the city is planning to do. I've chatted casually with a couple city council members already but since then I did more reading -- and here's my argument:

1. To my recollection, this project was originally presented as a busfocused upgrade near 40th and San Pablo, but has expanded into a corridor-scale redesign with major circulation, access, and street operations impacts.

2. The current analysis packages all elements together as if they are inseparable, rather than comparing credible alternatives or a phased approach that prioritizes the highest-need transit and safety fixes first.

3. The two-way separated bikeway is a discrete component that can be removed from the near-term scope without preventing meaningful safety improvements for people biking to Target, Home Depot, Safeway, and other key destinations.

4. Many cyclists already have workable east–west options north of 40th (Park, 45th, 53rd, the Greenway, and the South Bayfront Bridge), so the community-wide marginal benefit of adding an arterial Class IV facility here should be justified explicitly against other, lower-impact safety investments.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 26 5. Deferring the separated bikeway also avoids the side-street access closures/restrictions that appear to be driving the loudest opposition, reducing the risk of a backlash against the overall project.

6. As scoped, this reads like scope creep that has not been clearly communicated to most residents; if implemented as planned, it is likely to generate significant community resistance Response to Comment 15-1
The City appreciates your comments and concerns regarding outreach, alternatives, and design. Please refer to Master Response 2.3-1: Access, Outreach, and Alternatives in the Project Design. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 18: Andrew Pomerantz, January 6, 2026
Comment 18-1
On behalf of Ellis Partners, the current owner of 1545 Park Avenue near the proposed 40th Street Transit and Multimodal Enhancements Project, we submit the following comments for the public record regarding the Initial Study / Mitigated Negative Declaration (IS/MND). Ellis Partners has been an owner and investor in Emeryville for decades, including the redevelopment and previous ownership of EmeryTech at 1370 65th Street.

While we support the City’s stated goals of improving safety and multimodal transportation, we have serious concerns that the IS/MND does not adequately analyze or mitigate the real-world impacts of the proposed project on traffic congestion, business access, and economic vitality.

Most notably, the traffic analysis fails to account for the recently approved Sutter Health medical campus, which will add approximately 2,000 daily employees and hundreds of additional visitors to the area. This omission materially understates existing and future traffic conditions along 40th Street and surrounding corridors.

The project design proposes the elimination of a westbound travel lane along a critical regional thoroughfare, which will inevitably increase congestion and divert traffic onto nearby streets such as Park Avenue that are not designed to absorb additional volumes. These impacts will be exacerbated by a projected three-year construction period involving lane reductions, partial road closures, noise, and dust—posing significant hardship to nearby businesses, employees, and customers.

Additionally, the project removes all on-street parking along 40th Street and eliminates employee parking on Hubbard Street, further constraining access for businesses already operating in a challenging economic environment marked by high vacancy and declining demand.

Given the scale, cost escalation, and irreversible nature of the proposed improvements, we believe the City should reconsider whether a Mitigated Negative Declaration is appropriate. At a minimum, the City should require updated traffic studies, evaluate feasible design alternatives, and meaningfully address constructionperiod and long-term economic impacts before proceeding.

Response to Comment 18-1
The City appreciates your comments and concerns regarding parking, access, businesses impacts and traffic in the area. Please refer to Master Response 2.3-2: Parking Availability, Master Response 2.3-3: Economic and Business Impacts, Master Response 2.3-4: Project Cost, Funding, and Taxpayer Value, and Master Response 2.3- ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 27 5: Traffic Congestion and Safety. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 20: Gabriela Gusu, Robert Higgins, January 6, 2026 Comment 20-1
We are in writing in connection with the Proposed Project for the cities of Emeryville and Oakland located in California, concerning the road improvements on Shellmound Street and 40th Street between Christie Avenue and Adeline Street and mandated by Title 14 of California Code of Regulations, § 15070 and 15071, as further detailed in the enclosed Notice of Intent To Adopt An Initial Study/Mitigated Negative Declaration dated November 21, 2025, as Exhibit A (the “Notice”).

While we became aware of the Proposed Project in early December, we feel we have not been afforded the opportunity to provide meaningful feedback. In our cursory review, it appears that the Proposed Project may actually increase road congestion as eliminating one westbound lane would likely cause traffic delays for community members traveling between San Pablo to Christie Avenue. Has the City determined how it will mitigate the increase traffic that will be created by the new Sutter Health Medical Hospital? We wish to be good partners and hope road improvements can be made to enhance the vibrancy of the community, but feel the Proposed Project as described may not provide the benefit the city hopes to achieve. Our hope is for the City to work with all affected stakeholders, including retailers like us who care deeply about this area, to facilitate a broader, more thoughtful dialogue about what an improvement project would look like. To the end, we are requested an extension of the timeline to provide feedback.

As long-standing members of the Emeryville business community and as taxpayers, we strongly urge the City to not move forward with the Proposed Project due to the concerns expressed herein, and not before additional studies are conducted and submitted to the community for comments.

Response to Comment 20-1
The City appreciates your comments and concerns regarding parking, access, business impacts and traffic in the area. Please refer to Master Response 2.3-2: Parking Availability, Master Response 2.3-3: Economic and Business Impacts, Master Response 2.3-4: Project Cost, Funding, and Taxpayer Value, and Master Response 2.3-5: Traffic Congestion and Safety. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 22: Annie Truong, January 6, 2026
Comment 22-1
I am submitting a comment during the CEQA review period for the 40th Street Transit and Multi-Modal Enhancements Project. I work near 40th Street and Holden Street.

I am concerned that removing on-street parking and having a long construction period will make it harder for employees to get to work safely. Many employees may have to park farther away and walk longer distances, often early in the morning or in the evening. These impacts do not seem to be addressed in the Draft Initial Study.

I ask that parking loss and employee access be more carefully considered before the project moves forward.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 28 Response to Comment 22-1
The City appreciates your comments and concerns regarding parking loss and access. Please refer to Master Response 2.3-2: Parking Availability and Master Response 2.3-3: Economic and Business Impacts. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 23: Emily Yang, January 6, 2026
Comment 23-1
I am submitting this comment during the CEQA public review period for the 40th Street Transit and Multi-Modal Enhancements Project. I work in a customer-facing role at a business located near the intersection of 40th Street and Holden Street.

Currently, many customers already experience difficulty accessing the area and finding parking along 40th Street.

The proposed removal of on-street parking, traffic lane reductions, and the extended construction duration would likely further discourage customers from visiting local businesses in person. The Draft Initial Study does not appear to sufficiently analyze how reduced access, parking availability, and convenience may impact customer behavior, foot traffic, and overall business activity.

These access and parking challenges have a direct effect on daily business operations and the customer experience. I respectfully request that the City more fully evaluate and disclose the potential impacts to customer access and parking prior to the adoption of a Mitigated Negative Declaration.

Response to Comment 23-1
The City appreciates your comments and concerns regarding parking, access, and businesses in the area. Please refer to Master Response 2.3-2: Parking Availability and Master Response 2.3-3: Economic and Business Impacts.

These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 25: Irene H., January 6, 2026
Comment 25-1
I am submitting a comment during the CEQA public review period for the 40th Street Transit and Multi-Modal Enhancements Project. I work in the area near 40th Street and Holden Street.

I have concerns about the proposed removal of on-street parking and the length of construction. Losing nearby parking may force employees to park farther away and walk longer distances, sometimes during early morning or evening hours. These access and safety concerns do not seem to be fully addressed in the Draft Initial Study.

I ask that these issues be taken into account before the project proceeds.

Response to Comment 25-1
The City appreciates your comments and concerns regarding parking, access, and businesses in the area. Please refer to Master Response 2.3-2: Parking Availability and Master Response 2.3-3: Economic and Business Impacts.

These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

I ask that parking loss and employee access be more carefully considered before the project moves forward.

Response to Comment 26-1
The City appreciates your comments and concerns regarding parking, access, and businesses in the area. Please refer to Master Response 2.3-2: Parking Availability and Master Response 2.3-3: Economic and Business Impacts.

These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 27: Jenny Lau, January 6, 2026
Comment 27-1
I am submitting a comment during the CEQA review period for the 40th Street Transit and Multi-Modal Enhancements Project. I work in the area near 40th Street and Holden Street.

I’m concerned that removing street parking and having construction last for an extended time will affect how employees get to work. Being pushed to park farther away and walk longer distances, especially during early or late hours, raises safety and access concerns that don’t appear to be fully discussed in the Draft Initial Study.

I ask that these concerns be considered before the project moves ahead.

Response to Comment 27-1
The City appreciates your comments and concerns regarding parking, access, and businesses in the area. Please refer to Master Response 2.3-2: Parking Availability and Master Response 2.3-3: Economic and Business Impacts.

These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 28: Jessica Li, January 6, 2026
Comment 28-1
I am submitting a comment during the CEQA public review period for the 40th Street Transit and Multi-Modal Enhancements Project. I work near 40th Street and Holden Street.

I’m concerned that the planned removal of on-street parking, combined with long construction periods, could make it harder for employees to reach their workplaces safely. Having to park farther away and walk longer distances, often in the early morning or evening, may create safety and access challenges that the Draft Initial Study does not appear to address.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 30 I respectfully ask that these potential impacts on employee access and safety be more carefully considered before the project moves forward.

Response to Comment 28-1
The City appreciates your comments and concerns regarding parking, access, and businesses in the area. Please refer to Master Response 2.3-2: Parking Availability and Master Response 2.3-3: Economic and Business Impacts.

These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 29: Gabriela Gusu, Robert Higgins, January 6, 2026 Comment 29-1
Please find attached a digital copy of Nordstrom’s formal response regarding the City of Emeryville’s proposed construction project on 40th Street, specifically addressing the construction and roadway modifications between Christie Avenue and Adeline Street. Note that a hard copy of this letter will follow shortly in the mail.

While we recognize the City’s objectives for this project, we formally request an extension of the current project timeline and the public comment window, which is currently slated to conclude on January 7, 2026. Given the significant impact this project may have on logistics, customer access, and retail operations, etc., we believe additional time is essential for Nordstrom to conduct a thorough review and provide substantive feedback.

We appreciate your consideration of this request and look forward to your response. Should you require any clarification regarding the attached letter, please do not hesitate to contact me directly.

Response to Comment 29-1
The preceding email was received on January 6, 2026. Attached to the email was the same letter which was received as Comment Letter 20. Because of the discrepancy between dates, this email has been included as a separate comment. For a response to the attached letter, please refer to the response included as Response to Comment 20-1.

Comment Letter 30: John Lewerenz, January 6, 2026
Comment 30-1
I am writing to submit comments on the record regarding the 40th Street project. 40th Street is a critical regional and local traffic conduit serving the commercial, industrial and retail uses of Emeryville and providing access to I-580. Its role is to handle the large volume of traffic entering and leaving Emeryville, which is predominantly in a vehicle or bus. To perform its role, it requires a roadway design that functions for its purpose. While the elimination of one west bound lane and raised bike lanes may offer safety improvements to the small number of cyclists, it is unclear if it will meaningfully improve usability given the twoway bicycle traffic and frequent conflict points a cyclist will encounter. What is clear is the 40th Street project will significantly constrain general traffic flow, not only during the multi-year construction period, but more than likely on a permanent basis. Existing and future businesses, transit liability and congestion on adjacent streets will all be negatively impacted.

I am the manager of the partnership that owns 1485 Park Avenue. Our Tenant is Peet’s coffee, which has been a high-profile brand located in Emeryville for decades. Despite the project’s long planning timeline, neither Peet’s ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 31 nor I was made aware of this project by the city. It is only through concerned residents, business owners and property owners informing one another and coming together that we have been made aware of the negative impact the 40th Street project will have on the City of Emeryville.

Currently Park Avenue serves as a preferred route for cyclists. The improvements to Park Avenue reflect the roadway design that functions for its purpose. The scale of the 40th Street project, exceeding $34 million, does not reflect the most effective and efficient use of improving citywide safety and mobility infrastructure.

Reconsideration at this stage would reflect a willingness to pursue universal and inclusive solutions that benefit the majority of residents, businesses and property owners. It will also allow time to address and assess the impact Sutter Health will have on the transportation infrastructure as well.

Response to Comment 30-1
The City appreciates your comments and concerns regarding outreach, business impacts, project costs, and traffic. Please refer to Master Response 2.3-1: Access, Outreach, and Alternatives in the Project Design, Master Response 2.3-3: Economic and Business Impacts, Master Response 2.3-4: Project Cost, Funding, and Taxpayer Value, and Master Response 2.3-5: Traffic Congestion and Safety.

Additionally, the 40th and Shellmound Street corridors are noted in the Emeryville General Plan (Figure 3.2) as Transit Streets. These streets are primary routes for AC Transit, Emery-Go-Round, and other public transit providers. Transit use is given priority on Transit Streets. The project incorporates transit only lanes to facilitate transit consistent with the street typology in the General Plan. These streets are also noted in the Emeryville General Plan (Figure 3.3) as Regional Retail Access Routes and as such should be designed to accommodate all transportation modes. The project incorporates a Class IV Bike Lane system and provides greater separation between pedestrians and automobiles; both are consistent with the Emeryville General Plan. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 31: Dave Bruck, January 6, 2026
Comment 31-1
I am writing to submit comments on the record regarding the 40th Street project. I am the managing member of the LLC that owns 1485 Park Avenue. Our Tenant is Metagenomi, a genome editing company, which also occupies 5959 Horton Street. Despite the project's long planning timeline, neither Metagenomi nor I was made aware of this project by the city. It is only through other concerned business owners and property owners informing one another that we have been made aware of the negative impact the 40th Street project will have on our property and the City of Emeryville.

It is clear to me that the 40th Street project will significantly constrain general traffic flow, not only during the multi-year construction period, but more than likely on a permanent basis. Existing and future businesses, transit liability, and congestion on adjacent streets will all be negatively impacted. The closing of Hubbard Street will directly affect the ability of my tenant to conduct business. I therefore ask you to p a u s e the project in order to hear the views from a wider sample of residents, businesses, and property owners.

Response to Comment 31-1
The City appreciates your comments and concerns regarding outreach, business impacts, and traffic congestion in the area. Please refer to Master Response 2.3-1: Access, Outreach, and Alternatives in the Project Design, ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 32 Master Response 2.3-3: Economic and Business Impacts, and Master Response 2.3-5: Traffic Congestion and Safety. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 32: Tom DeVries, January 6, 2026
Comment 32-1
I don’t live on the 40th st corridor, rather on the Powell, but I travel on 40th several times a week. I don’t see how constricting cars can be a good idea and as a resident of the city, I don’t support the financial investment and I dread the disruption of the proposed Multimodal project.

Response to Comment 32-1
The City appreciates your comments and concerns regarding project costs and congestion. Please refer to Master Response 2.3-5: Project Cost, Funding, and Taxpayer Value and Master Response 2.3-5: Traffic Congestion and Safety. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 34: Peter Fobel, January 7, 2026
Comment 34-1
I am an Emeryville resident. Has the 40th street project considered the upcoming Sutter Hospital to be located in Emeryville? The 40th street project will cut traffic capacity in the 40th street area, and the upcoming hospital will greatly increase traffic demand.

Is the city of Emeryville about to spend significant taxpayer dollars on road work that will only need to be undone in a handful of years? The construction activity will also generate significant environmental impact in the form of materials and emissions – will the road have to be rebuilt twice in only a few years - doubling the environmental impact? Has this doubled environmental impact been considered? I believe the best choice may be to delay the 40th Street project till near-future traffic demands can be better understood.

Response to Comment 34-1
The City appreciates your comments and concerns regarding traffic congestion and taxpayer dollars. Please refer to Master Response 2.3-5: Traffic Congestion and Safety and Master Response 2.3-4: Project Cost, Funding, and Taxpayer Value. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 36: Brennan Carpenter, January 7, 2026
Comment 36-1
I am writing as a property owner in the vicinity of the proposed 40th Street Multimodal Project to formally express my opposition to the current design and implementation plan. I appreciate the City’s efforts to improve infrastructure and transportation options; however, I have serious concerns about the negative impacts this project will have on local property owners, residents, and businesses.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 33 My primary concern is the significant disruption to traffic flow that will result from the proposed street closures and the conversion of existing through-streets into cul-de-sacs. These changes will inevitably concentrate traffic onto fewer routes, increasing congestion, travel times, and safety risks for drivers, pedestrians, emergency services, and delivery vehicles. For those of us who own and manage buildings in the area, reduced access will directly affect tenants, customers, and the long-term viability of our properties.

Additionally, the anticipated length of construction is deeply concerning. Prolonged construction activity will create ongoing noise, dust, and access limitations, potentially lasting for years. This level of disruption places an unfair burden on surrounding property owners and businesses, many of whom are still recovering from recent economic challenges. Extended construction timelines also increase the risk of cost overruns, which ultimately impact the broader community without a clear guarantee of proportional benefit.

I respectfully urge the City Council to reconsider the current scope and design of the 40th Street project and to more thoroughly evaluate alternative approaches that would improve mobility without creating excessive congestion, eliminating street connectivity, or imposing longterm construction impacts. Meaningful engagement with affected property owners and a careful reassessment of traffic circulation, access, and construction phasing are critical before moving forward.

Thank you for the opportunity to provide public comment and for your consideration of these concerns. I hope the City will take the time to reassess this project in a way that balances infrastructure goals with the practical needs of the Emeryville community.

Response to Comment 36-1
The City appreciates your comments and concerns regarding alternative designs, business impacts, and traffic in the area. Please refer to Master Response 2.3-1: Access, Outreach, and Alternatives in the Project Design, Master Response 2.3-3: Economic and Business Impacts, Master Response 2.3-4: Project Cost, Funding, and Taxpayer Value, and Master Response 2.3-5: Traffic Congestion and Safety. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 38: Kevin Xu, January 7, 2026
Comment 38-1
I am the owner of Pottery and Beyond located at 4055 Hubbard Street, Emeryville, CA 94608.

I am writing to you because the proposed vehicle access restriction at the intersection of Hubbard Street and 40th Street would adversely affect my business.

My business has been in operation since 2003. It has survived various challenges before such as the covid situation in 2020. But even then, customers were able to access my business.

The proposed vehicle restriction would ruin my business. Customers need to be able to access my store and bring their cars to the store parking lot to load the ceramic garden pottery items which are often quite heavy.

In addition, I have six full-time employees whose livelihoods depend upon the success of my store. If customers are unable to access the business, then I would not be able to sustain operation, and my employees would lose their employment.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 34 I would very much like to discuss this situation with you at your earliest convenience. My call back number is:
(XXX) XXX-XXXX (redacted). Thank you in advance for your consideration in this matter. I look forward to resolving this issue together.

Response to Comment 38-1
Please refer to Master Response 2.3-1: Access, Outreach, and Alternatives in the Project Design, and Master Response 2.3-3: Economic and Business Impacts. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 42: Richard Haig, January 7, 2026
Comment 42-1
I am a resident who interacts with our community on a daily basis as a pedestrian, cyclist, bus rider, and as a car driver. I want to give my full support to the 40th Street Multimodal Project as it is currently planned. Although some community members are loudly complaining about some of the implementation details, I believe it would be far superior to what we currently have for the safety of all members of our community: pedestrians, cyclists, motorists, strap hangers, and ADA members. It would be far better than what we currently have which is too many drivers speeding and recklessly endangering everyone’s collective safety. I urge you to proceed with the proposal as written.

Response to Comment 42-1
The City appreciates your comments. Comments expressing agreement with the project do not identify a potentially significant environmental impact, and do not require additional analysis or revisions to the Draft IS/MND. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 43: Leonore Reiser, January 7, 2026
Comment 43-1
Honestly this is the worst idea ever. I don’t think your plan is going to do anything other than bring traffic to a standstill. I bike and it will not make it safer for cyclists when people in cars become frustrated by the horrible traffic and start rage driving. I am on that road almost every day. That multimodal design project seems to have been authored by people with theoretical and not practical knowledge With Concern Leonore Reiser 821 44th St.

Response to Comment 43-1
The City appreciates your comments and concerns raised regarding traffic and safety. Please refer to Master Response 2.3-5: Traffic Congestion and Safety for a discussion regarding why congestion is no longer considered to be an environmental impact under CEQA. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 35 Comment Letter 44: Anthony Walter, January 7, 2026
Comment 44-1
I am a resident near this project and a small business owner that operates in the area. The project's plan to create additional bike lanes is honorable, however my perspective as a multi-modal user (bike, bus, walk, and car) is that these bike lanes and proposed changes are redundant and a gross misuse of city and state transit funds. It's no small secret that the East Bay Bike Coalition, a 10,000 member organisation, has outsized influence on transit projects such as this relative to the proportion of roadway users they claim to represent. Private vehicles account for the majority of the traffic in the area. Recent history shows, such as the Valencia project in SF, or the Richmond Bridge bikeway project sponsored by niche coalitions such as Bike East Bay end up being reduced. I am also of the opinion that as responsible planners, you need to consider regional growth such as the potential hospital and focus on using these funds where they benefit the most people and bring the most revenue to the city.

As much as I love the energy around the bike coalition's desire to make our neighborhood greener and climate friendly by creating redundant bike infrastructure, it should not come at the cost of the habitability and access of the neighborhood for residents and businesses. Public transit and bikes can only do so much and are extremely limited compared to private vehicles. While safety is important, it must be balanced with access. The neighbors that are actual economic drivers in our community will typically walk where possible, bike for health reasons and fun, or otherwise drive.

Emeryville and Oakland cannot reclaim their titles as profitable cities of commerce and industry if they are configured like a suburb that caters to casual, recreational transport.

Response to Comment 44-1
The City appreciates your comments and concerns regarding access and community value. Please refer to Master Response 2.3-1: Access, Outreach, and Alternatives in the Project Design, and Master Response 2.3-4:

Project Cost, Funding, and Taxpayer Value. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 48: Alex Lenahan, January 7, 2026
Comment 48-1
I’m writing with concerns about the 40th street multimodal project. I don’t live in Emeryville, I’ve been going there frequently for years as East Bay resident and have enjoyed seeing the the city develop in a positive direction, with a lot of thought seemingly put into bringing in more residents, more workers, and connecting parts of the city (as with the pathway over the train tracks to Bay Street, etc.).

With all this growth (and more coming), however, the idea to reduce 40th street (which serves as a main entrance to the city from Oakland and beyond for many) to one lane seems ill-advised. I understand that a model seemed to suggest that traffic times won’t become much worse, but I’m highly skeptical that this will actually be the case in reality, and worry that the area might unnecessarily become a choke point. It could then affect traffic and access for many people who both are coming into the city and attempting to move around the city. I don’t have the data in front of me, but I’m guessing that the overwhelming majority of people who go to the shops, restaurants, and so on in Emeryville are 1. coming from outside the city and 2. relying on car or public transit, ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 36 and a lot of the businesses in the city rely on people being able to carry goods in a way that wouldn’t be practical on a bike.

That isn’t to say that making life easier for bikers isn’t also important, but there are already some good options (I already mentioned the crossing for pedestrians and bicyclists over the train tracks to Bay Street, and other streets are more suited for bikes as well), and perhaps there are other ways to make things better for bicyclists that are more balanced and won’t have the same potential for a large negative downside.

Thank you for your work on this, and hopefully a solution can be found that will help bicyclists move around the city in a pleasant and easy way without potentially creating a choke point and major traffic right for everyone else right at a time when the city seems poised to grow and develop in way that benefits not only itself but also broader region.

Response to Comment 48-1
The City appreciates your comments and concerns regarding traffic congestion and alternatives. Please refer to Master Response 2.3-5: Traffic Congestion and Safety and Master Response 2.3-1: Access, Outreach, and Alternatives in the Project Design. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 49: Patrick Dowd, December 21, 2025
Comment 49-1
We saw a poster for this project on our run today and we're very excited! We bike often to the bay trail and are excited to see the updates! 40th st has way too many fast moving vehicles and feels unsafe at times, especially with right turning traffic. These updates should make it far safer for all! We are also users of the Emery-Go-Round and it's hugely disappointing to be stuck in the same traffic as individual car drivers. We find crossing shellmound to the bus at bay can be hairy, I'm hoping for improvements on this crossing as well. The bus only lanes are going to make shopping in Emeryville even more pain free! Response to Comment 49-1
The City appreciates your comments. Comments expressing agreement with the project do not identify a potentially significant environmental impact, and do not require additional analysis or revisions to the Draft IS/MND. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 50: Carly Stock, December 21, 2025
Comment 50-1
I saw a poster on Shellmound for the proposed project on 40th st and I feel so grateful that this is in the works.

Too many pedestrians and cyclists have been murdered by unsafe infrastructure in car-centric areas. This project means a lot to our community and the bike lanes will surely be well loved. Also, as a rider of the Emery-go-round, I look forward to easier access with the new bus-only lane.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 37 Response to Comment 50-1
The City appreciates your comments. Comments expressing agreement with the project do not identify a potentially significant environmental impact, and do not require additional analysis or revisions to the Draft IS/MND. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 51: Will Freyman, January 8, 2026
Comment 51-1
I’m writing to express my support for the 40th Street Multimodal Project to improve pedestrian and cyclist infrastructure along this key Emeryville corridor. As a resident of Oakland just across the Emeryville border, my family and I regularly ride our bikes into Emeryville to visit local businesses and run errands. Right now, parts of 40th Street are unsafe for riders and walkers because the existing lanes offer minimal separation from traffic and limited safe crossings.

The multimodal design proposed - especially the protected bike lanes, pedestrian improvements, and safer intersections - is exactly the kind of investment that would make this route safer and more welcoming for people of all ages and abilities. Prioritizing dedicated space for walking and cycling will not only reduce risk of injury along this busy arterial but also better connect neighborhoods, transit, and regional bike networks like the Bay Trail and the Emeryville Greenway.

Thank you for your work on this project and for considering community input. I hope the final design reflects the value of safe, practical infrastructure that encourages more people to walk and bike in Emeryville.

Response to Comment 51-1
The City appreciates your comments. Comments expressing agreement with the project do not identify a potentially significant environmental impact, and do not require additional analysis or revisions to the Draft IS/MND. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 53: Daniel Mullen, January 9, 2026
Comment 53-1
Overall, I think the project would be a big positive for the city and would do a lot to make the 40th street area a more welcoming area to walk and bike.

My one small concern with the project comes with regards to needing to cross the 2 bicycle lanes when crossing 40th street or accessing the bike islands. With the construction of these lanes and the removal of crossing points at some of the north south streets, I'm just concerned that the project might encourage bicyclists to build a considerable amount of speed before the remaining crossings, leading to a potentially dangerous situation with pedestrians.

I'm writing to ask that hopefully unobtrusive traffic calming solutions (potentially like lane narrowing or the installation of bollards, like what is seen at crossings along the greenway to slow cars) be considered near these pedestrian/bicyclist intersections to ensure pedestrians and cyclists crossing north/south aren't running into bicyclists coming at high speed going east/west.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 38 Response to Comment 53-1
The City appreciates your comments and concerns regarding design considerations. Unobstructive traffic calming, including narrowing with the use of protection islands and flexible delineators, has been incorporated into the design to slow cyclists entering pedestrian crossing areas. Bollards have not been used in most areas because they have been found to pose a risk of injury to cyclists in these constrained urban conditions, resulting in an unsafe condition. Please also refer to Master Response 2.3-1: Access, Outreach, and Alternatives in the Project Design. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 54: Jean Walsh, January 7, 2026
Comment 54-1
I am writing in support of the 40th St. multi modal safety project. This project has been in the planning and outreach stages for years. It’s time to move forward to create a safer street for all.

For too long, we have designed our streets in favor of moving private cars. We must make our streets safe and welcoming to transit riders, bike riders, pedestrians and all residents.

People who oppose complete streets projects often cite fears that, time and time again, are found to be unwarranted. I have no doubt that local businesses will thrive, residents will benefit, transit will move faster, bike riders and pedestrians will be safer. Emeryville should lead the way and move forward with this important project.

Response to Comment 54-1
The City appreciates your comments. Comments expressing agreement with the project do not identify a potentially significant environmental impact, and do not require additional analysis or revisions to the Draft IS/MND. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 55: Adelia (DD) Stout, January 7, 2026
Comment 55-1
I would like to add my voice to those who want this project delayed until Sutter Hospital is opened and better knowledge of that impact on traffic is known. That seems prudent at the very least.

Response to Comment 55-1
The City appreciates your comments and concerns regarding traffic congestion. Please refer to Master Response

2.3-5: Traffic Congestion and Safety. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

2.4 Public Comments on the Draft IS/MND that Address Environmental Issues The following Master Responses address comments that raise environmental issues within the purview of CEQA and are followed by the transcribed comments and responses.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 39 2.4.1 Master Responses to Comments that Address Environmental Issues Master Response 2.4-1: Unsafe Conditions
Several commenters assert that lane reductions would create unsafe conditions by increasing congestion. The assertion that reducing vehicle lanes on 40th Street would create major congestion is not supported by the transportation analysis prepared for the project. Please see Master Response 2.3-5: Traffic Congestion and Safety describing California’s change to use of the VMT metric to measure environmental impacts related to traffic rather than the level of service (i.e., congestion) metric. Regardless, the Fehr & Peers traffic operations and safety memorandum (Draft IS/MND Appendix D) evaluated weekday PM peak conditions and found that intersection operations along 40th Street would remain at LOS D or better with the project, while parallel corridors would continue to operate at LOS B or better, indicating no substantial congestion or diversion effects.

These concerns are addressed in Section 4.17 (Transportation) of the Draft IS/MND, which evaluates traffic operations, VMT, and safety, and also provides information about LOS operations.

The Draft IS/MND further addresses road safety on page 72. A key objective of the project is to enhance safety along the 40th Street corridor. Traffic collision data for this area obtained from the California Highway Patrol Statewide Integrated Traffic Records System database and the University of California SafeTREC Transportation Injury Mapping System shows 45 collisions involving a pedestrian or bicyclist within the project area over a 12- year period from 2013 – 2024. During that same period there were 63 auto-only collisions along 40th Street.

Some specific intersections have more associated accidents than others. At the intersection of 40th Street and Hubbard Street, 9 bicycle injury incidents were reported, making it one of the most problematic locations in the corridor. This intersection is of particular concern because westbound lanes merge over the bridge at high speeds, and vehicles can turn onto Hubbard Street without control measures.

Other intersections along 40th Street also have recurring bicycle collisions, including Horton Street (2 collisions), Hollis Street (2 collisions), Harlan Street (2 collisions), and Emery Street (3 collisions). Pedestrian collisions were recorded at Hollis Street (1), Emery Street (1), San Pablo Avenue (5), and Adeline Street (2). Five collisions occurred within the intersection of San Pablo Avenue and 40th Street, and 2 collisions occurred at the intersection of Adeline Street and 40th Street. Along Shellmound Street, fewer incidents were reported during the same period, including 4 bicycle injury collisions and 5 pedestrian injury collisions. The full 40th Street Multimodal Transportation Analysis is provided in Appendix D of the Draft IS/MND.

Accordingly, the project follows the Safe System Approach to proactively address vulnerable road user safety by reducing speed, removing conflicts, and separating users in space and time. Refer to the traffic operations and safety memorandum (IS/MND Appendix D) for a detailed discussion of how the project incorporates features consistent with the Safe Systems Approach. Safety features of the project include the two-way cycle track providing a dedicated and protected space for riding; enhanced intersections with shorter crossing distances, accessible waiting areas, protected bicycle movements, and upgraded signal timing and phasing; side street full and partial restrictions to minimize conflicts between pedestrians, bike riders, and motor vehicles; and transit islands to separate bike riders from buses and pedestrian (un)loading activities.

Unlike legacy reactive and crash-history–driven safety analysis methods that rely primarily on quantified collision data, the safe systems approach also considers vehicle speed implications, sight distance implications, conflict points, compliance with driving laws, adequacy of traffic control, adequacy of bike and pedestrian facilities, reducing behaviors leading to crashes.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 40 Master Response 2.4-2: Safety Issues Related to Truck Turning Movement and Raised Curbs CEQA requires an analysis of whether a project would substantially increase hazards due to a geometric design features or would result in inadequate emergency access. Several comments express concerns that raised curbs, medians, partial road closures, and the two-way Class IV bikeway could constrain truck turning movements and create safety conflicts.

The Truck Activity Analysis Memorandum prepared for the City and Caltrans (Truck Activity Analysis1 ) analyzed
existing truck movement in the project area. Over the 10-weekday period from February 23 to March 8, 2023, there were 1,171 total recorded truck observations using Watts Street (14%), Holden Street (11%), Hubbard Street (13%), and Horton Street (62%) between Park Avenue and 40th Street. Many truck trips were turning right and left at Park Avenue even though there are posted truck turn restriction signs at Holden Street, Hubbard Street, and Horton Street. The analysis concluded that the project would change truck route patterns due to turn restrictions intended to increase safety where local streets cross the two-way cycle track at 40th Street.

These changes would result in businesses located on these streets (Watts Street, Holden Street, and Hubbard Street) needing to re-route trucks accessing their sites.

In response to community concerns, the final project design analyzed in the Draft IS/MND includes accommodating the proposed route changes. The cul-de-sac turnarounds at Hubbard Street and Haven Street as well as the partial vehicle access restrictions at Watts Street and Holden Street have been designed to accommodate the turning radii of emergency vehicles and large delivery vehicles (SU-30). WB-40 trucks would be able to pull into property driveways, unload, and exit. Larger vehicles would need to continue to follow approved traffic control procedures to access the sites they are serving, which is typical for oversized deliveries in the City.

Draft IS/MND Section 4.17.4(c) found that vehicle access restrictions to and from 40th Street would involve installation of cul-de-sacs with turning radii adequate for trucks, and access for emergency vehicles through the access restriction areas. Other intersections would have raised pedestrian crosswalks installed to increase pedestrian awareness in drivers. The project is therefore designed to increase safety and reduce hazards, such as the existing unauthorized truck turn movements, as based on the evidence presented in the aforementioned truck and traffic analyses. The Draft IS/MND concluded that once completed, the proposed project would have a beneficial impact on safety, and no mitigation is required.

Master Response 2.4-3: Potential Impacts Related to Circulation Changes due to Vehicle Access Restrictions The way trucks travel to and from the project area is not currently prescribed or restricted to only 40th Street.

Other equally accessible routes, including along San Pablo Avenue and Hollis Street, and Park Avenue, are available and would continue to be available such that no major increase in truck trip VMT is anticipated.

With side street access restrictions on 40th Street, the local automobile and truck traffic would circulate to Park Avenue. The City prepared a traffic operations and safety memorandum (Draft IS/MND Appendix D) taking into account the anticipated recirculation. Intersection operations would be Level of Service (LOS) D or better along 40th Street with the project and Level of Service B or better along Park Avenue. The analysis was based on traffic data collected in 2023 and 2024 and the traffic data was forecast to consider already approved but not yet constructed major development projects as well as changes in local circulation due to turn restrictions. Prior to 1 https://www.emeryville.org/files/assets/city/v/1/public-works/documents/cip/40th-street-project/40th-street_truckactivity-analysis-august-2025.pdf ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 41 the changes in CEQA legislation described above, the City of Emeryville had identified LOS degradation to be significant if an intersection operating at LOS D or better changed to LOS E or LOS F with project implementation. The City notes that even under this older standard the 40th Street Multimodal Project’s projected LOS D would be considered a less than significant impact.

As noted in the Draft IS/MND and further addressed in Master Response 2.3-5: Traffic Congestion and Safety, the project would not introduce safety hazards to the transportation network. The traffic operations and safety memorandum (Draft IS/MND Appendix D) documents the Safe System Approach used in the project’s designs which considers vehicle speed implications, sight distance implications, conflict points, compliance with driving laws, adequacy of traffic control, adequacy of bike and pedestrian facilities, and reducing behaviors that lead to crashes.

2.4.2 Public Comments on the Draft IS/MND that Address Environmental Issues Comment Letter 7: Yao Saeteurn, December 12, 2025
Comment 7-1
Dear City Council Members,
My name is Yao Saeteurn, Department Manager of Station Operations for the Bay Wheels Bike Share system that provides valuable bike transportation to the community. I am unable to attend this hearing in person, but I hope my message will be received and strongly considered when making the decision for Action Item 11.1 on the 40th Street Multimodal Project.

I am writing today to express my opposition to the proposed street closures for this project. We operate a business with 20 employees reporting out of 1501 Park Avenue, between Hubbard Street and Halleck Street. The closure of Hubbard Street will not only impact our staff adversely, but also our business partners and company partners from access and parking for optimal operations and deliveries, and daily business activities.

These closures and restrictions will have a negative impact on our operations and do not support the businesses or residents in these areas. As a member of a company that provides bicycle service operations in the City of Emeryville and other Bay Area cities, I urge you to reconsider this plan. I understand alternatives have been presented and I strongly urge you to consider those alternatives. As a business, we expect large delivery trucks to maneuver in already narrow streets in this neighborhood. Closing Hubbard Street and access onto 40th Street from Hubbard Street will cause delays and potentially more incidents with reversing large vehicles into intersections where pedestrians, cyclists, and motorists are active.

I, along with the staff of 1501 Park Avenue, our building management, and our General Manager and company, oppose the street closures outlined in this plan. Thank you for your time.

Response to Comment 7-1
The City appreciates your comments and concerns regarding parking, access, and businesses in the area. Please refer to Master Response 2.33-2: Parking Availability and Master Response 2.33-3: Economic and Business Impacts. In addition, please see Master Response 2.4-2: Design – Truck Turning Movement and Raised Curbs.

Disagreement with policy objectives or design priorities does not constitute substantial evidence of a significant environmental impact. Since this comment does not present evidence that the design changes would result in an adverse safety impact, the comments do not raise a fair argument that the Draft IS/MND has failed to ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 42 adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

Comment Letter 12: Bruce K. Trenery, December 18, 2025
Comment 12-1
Dear Emeryville Staff and Council Members;
As the owner of 1145 Park Ave (Fantasy Junction) and our warehouse located at 4053 Emery Street, I would like to voice my opposition to this project as a business owner.

While I understand that funding would be provided by grants, I think this particular project will do more to harm the operation of traffic flows on 40th Street, Park Ave, and the various side streets that will be heavily impacted by the closures, than public good. Right now, Park Ave. is a good bicycle route, and 40th street works pretty well for motorized traffic. To basically lose a lane of traffic, and block access from the various side streets will adversely affect a lot more people than it will help. It will definitely add traffic to Park Ave., and hence will lessen the enjoyment of bicycle riders on Park, while at the same time congest 40th street for all motorized traffic.

Think how you would feel if you had a business on say, Watts Street, and were forced to have delivery truck traffic have to back out on Park to exit your business. Not only is it dangerous and cumbersome, but it will adversely affect those people's property values. It will add unwanted extra traffic to streets like Emery that are slated to remain open.

The construction process and inconvenience will also be a problem for quite a period of time. Just because the money is available, in my opinion, it would be better to find a better use for it, even if it is not in Emeryville. I think if the project goes forward, it will turn out like the bike lane on the Richmond Bridge, where many people are stuck in traffic jams, for the VERY, VERY few people one sees crossing the bridge on a bicycle.

I urge you to reconsider, and not move forward simply "because the money is available".

Response to Comment 12-1
The City appreciates your comments and concerns regarding traffic, access, businesses, and truck rerouting in the area. Please refer to Master Response 2.3-5: Traffic Congestion and Safety and Master Response 2.3-3:

Economic and Business Impacts. In addition, please see Master Response 2.4-2: Design – Truck Turning Movement and Raised Curbs, and Master Response 2.4-3: Potential Impacts Related to Circulation Changes due to Vehicle Access Restrictions.

Disagreement with policy objectives or design priorities does not constitute substantial evidence of a significant environmental impact. Since this comment does not present evidence that the design changes would result in an adverse safety impact, the comments do not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

Comment Letter 14: Tim Robison, December 30, 2025
Comment 14-1
Buttner Properties, Inc. (BP), an Emeryville Property Owner of more than 70 years tenure, owns real properties at 4070-4080 Halleck Street and 4055 Hubbard Street, as well as 1501 Park Street. The properties consist of three ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 43 separate legal parcels and comprise approximately 1.83 acres of land area. Currently, the properties are improved with approximately 25,051 square feet of buildings. All the Buttner parcels are affected in various ways by the pending 40th Street Multimodal Project ("Project"). That Project includes as key components (i) the removal of existing traffic lanes on40th Street to create exclusive bus lanes and a protected bikeway, and (ii) partial or full closures of four existing unsignalized side street connections to the north side of 40th Street.

The proposed full closure of Hubbard Street at the 40th Street intersection would negatively impact Buttner Properties’ holdings due to loss of access, traffic congestion, and traffic queuing that the Project, as proposed, would create for the area. Buttner Properties respectfully requests that the proposed full closure of Hubbard Street be revised to a partial closure that allows a right turn into Hubbard Street from 40th Street as drivers are able to visually see oncoming bicycle traffic.

We question that City analysis of traffic operations within the Project area. The analysis did not consider development in the area at 5, 10, or 20 years into the future. It is unclear how the city accounted for the lane removals planned as a part of the San Pablo Avenue Corridor Bus - Bike Lanes Project. Further, the city has chosen to move forward without considering the traffic impact of Sutter Health Hospital Project at Horton and 53rd Streets. The proposed partial and full street closures will likely result in more traffic on Horton Street. A comprehensive study that considered existing, projected, and future traffic impacts would likely have concluded that the planned partial or full street closures were unwise - and that they would conflict with several critical City policies.

Buttner Properties' concerns with the city’s traffic analysis and the planned partial or full street closures led it to commission its own comprehensive study of existing and future Project area traffic. To that end, it retained Abrams Associates Traffic Engineering, Inc. (Abrams) to review and analyze existing and future traffic operations on 40th Street with and without the proposed Project, accounting for the impacts of other transportation plans, including lane removals. The results of those efforts are embodied in the report which this letter accompanies, entitled "Transportation Impact Analysis of the Project" dated as of March 15, 2024 (Abrams Study). The full report and a summary are attached to this communication. The Abrams Study represents the compilation of necessary facts and expert opinion that the City should have undertaken before making decisions regarding street closures and Project approvals. We note that study was done prior to Sutter Health’s announcement of its Emeryville campus, which will likely the exacerbate the situation.

The Abrams Study confirms the negative impacts of Project-related traffic on Buttner Properties' parcels as well as on the small businesses that populate the area. It confirms the lack of justification for the planned partial or full street closures. Finally, it speaks to the variety of themes and policies set forth in the City's General Plan that the Project, as proposed, fails to reflect. In particular, the General Plan encourages the redevelopment of properties located within the Project area to encourage a more efficient use of land, since Emeryville is already "built out" and new areas for needed development simply do not exist. The City's traffic analysis, to date, has ignored the Project impacts on the potential for redevelopment of the area. No doubt, the planned full closure of Hubbard Street would preclude future investment in redevelopment of the Buttner sites as they would also frustrate a multitude of other General Plan policies.

The Abrams Study provides the context for final form Project decision making. It is a foregone conclusion that the planned partial and full street closures will cause queuing, congestion, and access problems. It is equally apparent that the Project penalizes certain modes of transport as it prioritizes others (particularly bus and ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 44 bicycle) – without; however, actually benefitting the favored modes. The following key points should be kept in mind as their analyticaljustification is detailed in the Abrams Study:
• The closure of Hubbard Street would be detrimental to Buttner Properties planned redevelopment of theirproperties as well as adversely impact the viability of several small businesses located within the area (such asPacific Hornes and Gardens, Rug Depot, Pacific Flooring Supply, and others); • The closure of Hubbard and Holden Streets would force more traffic over onto Horton Street and increase congestion at the 40th Street traffic signal, which is already the only place to turn left onto 40th Street from Buttner's affected properties;
• The proposed street closures as well as dedicated bus lanes in each direction of 40th Street would result insignificant traffic congestion as well as negatively impact access to both large and small businesses on the north and south sides of 40th Street. The San Pablo Avenue Bus Project and Sutter Health Hospital will further exacerbate this problem;
• The street closures would provide no benefit to bicycle safety as most bicycle accidents over the past 5 years occurred at signalized intersections. Moreover, there is easier access to the Bay trail and other city bike routes using Park Street or the 45th Street Bike Boulevard; • The street closures penalize traffic by all modes other than bicycle by adding to general congestion while failing to materially mitigate bicycle risks (the only conceivable justification for the planned action); • The Project conflicts with the General Plan.

As the Council considers the Abrams Study and weighs the issue of planned street closures, it is important to keep in mind that the City's transportation goals require a multi-functional street system designed to ensure the safe and efficient movement of people, goods, and services; that is universally accessible; and that removes barriers as it optimizes travel by all means. These goals presuppose at least equal and complementary treatment of all means of travel - as well as for all segments of society including especially persons with disabilities.

Importantly, that street system is not a goal in and of itself; it is merely a means to an end. The only reason for the existence of the transportation system is to enable and assure a high quality of life and economic vitality for all of Emeryville’s citizens as well as those persons drawn to the City by the proliferation of employment opportunities, the quality of residential living, and the availability of retail goods and services. The Project prioritizes and purports to enhance both bus and bicycle travel. The elements of the Project intended to enhance bus and bicycle usage will necessarily penalize automobile use and result, ultimately, in traffic congestion and delay. These consequences are quantified in the Abrams Study. Therefore, the adoption of the Project as proposed would be inconsistent with City-wide transportation goals as it would also defeat the very purposes of the transportation system, taken as a whole.

Presently and historically, the primary mode of travel within the area has been by private automobile. Private automobiles on 40th Street currently transport more than 30,000 people daily to their respective destinations in efficient fashion. With full implementation of the Project, the elimination of travel lanes and partial or full street closures at unsignalized intersections, anyone unable or unwilling to travel by either bicycle or bus will be negatively impacted due to congestion and delay caused by displaced automobile traffic. Presently, this means that most people traversing 40thStreet and the Project area will be negatively impacted by measures intended to enhance the experiences of the relatively limited number of people who transport by bicycle or bus. As noted ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 45 earlier, there is easier access to the Bay trail and other city bike routes using Park Street or the 45th Street Bike Boulevard
The partial and full closure of streets at unsignalized intersections will demonstrably add to traffic congestion.

That planned closure does not appreciably add to bicycle safety or the riding experience. The Abrams Study provides evidence that partial and full street closures at unsignalized intersections are not required to ensure bicycle safety. The street closures are not required by public policy. Indeed, public policy would have to regard the interaction of bicycles and automobiles at unsignalized intersections an acceptable condition for the simple reason that such circumstances exist in nearly universal fashion throughout the entire Bay Area.

The promotion of bus and bicycle use is a laudable goal. However, that goal is not furthered by needlessly penalizing automobile traffic - and rendering retail customer access to area businesses difficult and traffic constrained while simultaneously precluding real estate redevelopment. Surely, the proposed street closures violate City transportation goals, are inconsistent with the General Plan, and accomplish nothing in terms of optimizing a comprehensive transportation system as a tool of economic and physical well-being.

Inevitably, there are unanticipated consequences associated with any project such as this. Implementation of Project priorities will reduce area access and increase congestion. Those factors are antithetical to density increases and redevelopment of the area. Those consequences can be mitigated by abandoning the false notion that partial or full street closures are a necessary enhancement to bicycle use - and, therefore, a Project priority.

Buttner Properties believes that the Project as a whole fails to balance the interests of all affected by its implementation. It will certainly limit access to the Project area. The Abrams Study confirms that the reduction of through lanes at 40th Street by one-half will substantially reduce the maximum amount of vehicle and truck traffic that can be accommodated. This will certainly add to traffic congestion which the planned street closures will exacerbate. These negative impacts are not balanced by beneficial factors related to City priorities involving its favored modes of transportation within the Project area.

Buttner Properties appreciates the well-intended goals of the Project. However, the unanticipated consequences of its adoption as presently proposed will certainly eliminate redevelopment of the area and burden local business with added challenges in attracting customers. It is unnecessary to venture far afield to identify the type of consequences which the Abrams Study has highlighted, and which must be anticipated. Thus, the Valencia Street Neighborhood bike center lane project in San Francisco is an example of a similar project that has been mired in controversy, and which appears to have caused substantial economic loss. In that instance, the priorities given bicycles caused significant disruption of the retail businesses which efficient travel is supposed to enhance.

In this instance, there is no justification for the planned street closures at Hubbard and Holden Streets. The closures are irrelevant to the Project and its defined priorities. The closures would violate numerous City policies and cannot be justified as the exercise of public policy.

Street closures would penalize businesses and property owners in discriminatory fashion without the protection afforded by the pursuit of any overriding or public policy interests. There is no evidentiary basis on which street closures might be sustained. Although the Council has discretion to approve projects and to enact legislation, it must do so based on factual findings and related legal conclusions. In this instance, a Council action that would approve street closures as a part of Project approval is not discretionary as it would lack evidentiary support and violate existing legal policies and principles.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 46 Again, Buttner Properties respectfully requests that the proposed full closure of Hubbard Street be revised to a partial closure that allows a right turn into Hubbard Street from 40th Street as drivers are able to visually see oncoming bicycle traffic.

Response to Comment 14-1
The City appreciates your comments and concerns regarding traffic, access, businesses, and truck rerouting in the area. Please refer to Master Response 2.3-5: Traffic Congestion and Safety and Master Response 2.3-3:

Economic and Business Impacts. In addition, please see Master Response 2.4-2: Design – Truck Turning Movement and Raised Curbs.

Disagreement with policy objectives or design priorities does not constitute substantial evidence of a significant environmental impact. Since this comment does not present evidence that the design changes would result in an adverse safety impact, the comments do not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

Comment Letter 17: Frances R. Quittel, January 5, 2026
Comment 17-1
As you know, I am actively involved in the City of Emeryville where I also live. I feel that Emeryville’s public works and planning department staff and its consultants have not properly considered the valuable input it has received for improvements to the multi-use 40th street thoroughfare. What I hope you will present is this: a plan that embraces the transit, safety and financial needs of the city which coordinates with creating safe throughfares that serve a wide variety of populations for those who are here now and for those whom the city seeks to have come here. This means that 40th street must serve first responders, cyclists, businesses, residents, pedestrians, shoppers, bus and GoRound travelers, transit drivers, healthcare patients and providers and workers who live in and come to -- or will come to -- our city every day.

Unless sidewalks are removed entirely, the 40th street drawings and “improvements” presented thus far really don’t seem to help at all. In fact, the word “improvements” is misleading here because it seeks to imply that these proposed changes guarantee positive results. In reality, however, the plan laid out so far is untested, disruptive and expensive with NO guarantees of definitive improvements whatsoever. Not only is this plan disruptive to pedestrian protections that already exist on 40th Street, this plan also creates major confusion, proposing two bike lanes on one side of the street which force half of our cyclists to move in one direction with close by, contiguous traffic right next to them moving in the opposite direction.

Further, by way of reference for some of these changes, I also point to Hollis Street. The work on that particular major Emeryville thoroughfare has actually made the street more dangerous and more clogged than ever.

Particularly at a major intersection with significant pedestrian crossings, pedestrians’ feet are now “stationed” almost onto the roadway within inches of moving traffic and proximity to big vehicles without even centimeters to spare. Additionally, there is not enough space for AC Transit Buses to travel and turn without substantially moving into opposing traffic flow, or for the GoRound and trucks to do anything but sit without moving at all.

What I have observed, to my dismay, is that this effected “plan” has also created place where there isn’t enough room for one lane of traffic to go left and another to go straight because of a huge concrete bus bulb right in path of the straight-ahead lane.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 47 Therefore, adding these same Hollis Street features to 40th Street - plus many MORE - does not appear to increase safety nor yield improvements with any certainty. Rather, it complicates 40th Street even further with 2 bike lanes on one side of the street, concrete bus pads, reductions to pedestrian safety, negatively impacted business access and smooth traffic flow on a street that must serve and not add to total gridlock on the few thoroughfare roads that actually exist in Emeryville, particularly during the times people are trying to get to or leave work, make deliveries, serve clients and customers or, most importantly, reach people in emergencies. Just travel 40th Street or Hollis between 4:30 and 6:00 p.m. and you'll see this all for yourself without any special "street improvement" training. Further, our city depends on the GoRound and transit bus drivers, who will never be able to keep to a schedule IF on 40th Street this plan is implemented and our side streets in the 40th street area need to allow for traffic flow and access without gridlock.

Finally, I also want to understand why this type of plan that may yield NO or few "improvements" and instead fosters great disruption at great expense is being pushed forward at the same time the City is facing financial ballot measures, a major healthcare project and wishes to create an environment where our businesses - and particularly our small businesses - succeed. What I do not see here is that these disparate pieces of Emeryville are working in synch, but rather in opposite directions to each other.

Please therefore halt this 40th street project until there are significantly better studies that you share with the public and also much better tested thinking.

Response to Comment 17-1
The City appreciates your comments and concerns regarding project changes. The intersection geometric changes made along the Hollis Street corridor referred to by the commentor are not the same as the project features proposed for this project. Transit only lanes and Class IV bike lanes are being proposed along the 40th Street and Shellmound Street corridors. Please refer to Master Response 2.4-1: Unsafe Conditions that addresses the commentor’s concerns regarding safety and the Master Response 2.3-5: Traffic Congestion and Safety which addresses the traffic operations with the project.

Disagreement with policy objectives or design priorities does not constitute substantial evidence of a significant environmental impact. Since this comment does not present evidence that the design changes would result in an adverse safety impact, the comments do not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

Comment Letter 19: Jacky Li, January 6, 2026
Comment 19-1
Executive Summary
I am writing to express serious concern that the current design of the 40th Street Multimodal Project will cause permanent harm to small businesses along 40th Street, including Granite Expo, despite the City’s prior and appreciated decision to revise the project from a full to a partial closure of Holden Street. The proposed raised curbs, elimination of all parking, and projected three-year construction period will disrupt truck access, employee parking, and customer convenience, leading to real and lasting revenue loss for already vulnerable businesses.

Given the project’s escalating costs and the City’s broader fiscal challenges, it is reasonable to question whether ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 48 this design strikes an appropriate balance between safety goals, economic sustainability, and responsible use of public funds.

I am writing as a business owner located at 40th Street and Holden Street regarding the 40th Street Multimodal Project. I want to be direct and clear about the seriousness of the impact this project will have on Granite Expo and other businesses along this corridor.

First, I want to acknowledge and thank the City for revising the original 2023 proposal that would have fully closed Holden Street. We appreciate that the City recognized the severe access and business impacts of a full closure, and we are not requesting that this decision be revisited.

However, even with a partial closure, the current design still creates substantial and lasting harm to businesses, and those impacts are being underestimated.

Raised Curbs and Curb Extensions Create Real, Ongoing Risk The decision to construct raised curbs, curb extensions, and a raised two-way bike facility at Holden Street has serious operational consequences that go well beyond design preference.

Granite Expo relies on frequent SU-30 and WB-40 delivery trucks transporting heavy materials such as stone slabs, countertops, and cabinets. Under the current design, trucks must make a tight right turn from 40th Street onto Holden Street, cross a raised curb and bike facility, and immediately align with opposing driveways. This geometry is extremely constrained and creates predictable conflict points where trucks must slow, stop, or reposition in the travel way.

This is not a theoretical concern. It increases the risk of:
• Trucks encroaching into bike lanes
• Vehicles blocking traffic during deliveries
• Cyclists encountering stopped or turning trucks
• Daily operational friction that did not previously exist These conditions will exist every day for the life of the project, not just during construction.

Response to Comment 19-1
The proposed design does introduce raised curbs and a raised two-way bike facility on the north side of 40th Street that would cross at the intersection with Holden Street. The proposed conditions reduce conflicts with cyclists and pedestrians by limiting the movement to only allow right turning vehicles from 40th Street to Holden Street and removing the vehicle movement from Holden Street onto 40th Street. Extensive truck turning analysis using the AutoTurn program have been performed, and field observations have been made. The design conforms to all applicable road and turn lane standards and city staff have no concerns about the safety of the design. After an additional meeting with the property owner of Granite Expo, the access point for trucks turning onto Holden Street was further widened to add additional buffer space and flexibility for less experienced truck drivers turning from 40th Street onto Holden Street.

Disagreement with policy objectives or design priorities does not constitute substantial evidence of a significant environmental impact. Since this comment does not present evidence that the design changes would result in an adverse safety impact, the comments do not raise a fair argument that the Draft IS/MND has failed to ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 49 adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

Comment 19-2
Elimination of Parking Directly Impacts Employees and Customers The project removes all parking along 40th Street, eliminating approximately 16–20 spaces that currently serve our customers and employees.

Employee parking is not a minor issue. Many employees rely on nearby on-street parking to get to work.

Removing these spaces forces staff to park farther away, adds time and cost to their workday, and makes staffing more difficult—particularly in early mornings or evenings.

For customers, the loss of convenient parking directly translates into lost visits and lost sales. Customers simply do not choose to shop at locations that are difficult to access, especially when purchasing or transporting large, heavy items.

Response to Comment 19-2
The City appreciates your comments and concerns regarding parking and business impacts. Please refer to Master Response 2.3-2: Parking Availability and Master Response 2.3-3: Economic and Business Impacts. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment 19-3
Three Years of Construction Will Drive Customers Away
A three-year construction timeline is not just an inconvenience—it is a business threat.

Extended construction means:
• Persistent congestion and lane reductions
• Constant noise, dust, and visual disruption
• Difficult or confusing access for customers
• A perception that the area is “under construction” and best avoided In practice, customers do not tolerate this for three years. They go elsewhere. Once lost, many do not return. This results in real revenue loss, not temporary discomfort.

Response to Comment 19-3
The City appreciates your comments and concerns regarding construction impacts on local businesses. This is considered a temporary socio-economic impact that is not addressed by CEQA, although environmental effects related to construction noise and dust were addressed in Draft IS/MND Sections 4.1.3 Noise and 4.3 Air Quality and determined to be less than significant. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 50 Comment 19-4
40th Street’s Function Is Being Undervalued
40th Street is a critical regional corridor that supports freight, transit, and access to I- 580. The current design prioritizes a 1.4-mile bike facility while sacrificing roadway capacity, parking, and truck access on a street that fundamentally serves regional traffic and commerce. This imbalance places disproportionate harm on the businesses that depend on this corridor to function.

Response to Comment 19-4
The City appreciates your comments and concerns regarding parking, traffic congestion and truck access. Please refer to Master Response 2.3-2: Parking Availability, Master Response 2.3-3: Economic and Business Impacts, and Master Response 2.3-5: Traffic Congestion and Safety. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment 19-5
Request for Reconsideration
I understand that significant time and resources have been invested in this project. However, I respectfully urge the City to reconsider whether the current curb design, parking removal, and construction duration strike a reasonable balance between safety goals and economic reality.

At a minimum, the City should:
• Reevaluate the necessity of raised curbs and curb extensions at Holden Street • Address the permanent loss of employee and customer parking • Acknowledge the real economic harm caused by prolonged construction and constrained access These are not abstract concerns—they affect whether businesses like ours can continue to operate successfully.

Response to Comment 19-5
The City appreciates your comments and concerns regarding parking and economic and business impacts. Please refer to Master Response 2.3-2: Parking Availability, Master Response 2.3-3: Economic and Business Impacts, Master Response 2.3-4: Project Cost, Funding, and Taxpayer Value, and Master Response 2.3-5: Traffic Congestion and Safety. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comments regarding truck circulation and safety concerns are addressed in Master Response 2.4-2: Safety Issues Related to Truck Turning Movement and Raised Curbs. Disagreement with policy objectives or design priorities does not constitute substantial evidence of a significant environmental impact. Since this comment does not present evidence that the design changes would result in an adverse safety impact, the comments do not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

I am a business owner located at 40th Street and Holden Street, and I submit these comments to document circulation, access, truck operations, parking, construction, and cumulative impacts that are not adequately analyzed in the Draft Initial Study.

Acknowledgment of Prior Design Revision
I acknowledge and appreciate the City’s 2023 decision to revise the project from a full closure of Holden Street to a partial closure. I am not requesting that this decision be revisited. However, even with a partial closure, the current project design introduces substantial unresolved impacts that remain understated in the Initial Study.

1. Transportation and Circulation Impacts Are Understated The project eliminates a westbound travel lane along a critical regional corridor serving freight movement, contractor-oriented businesses, transit access, and I-580 connectivity. The Initial Study concludes transportation impacts are less than significant, but does not adequately evaluate foreseeable congestion, queueing, or spillover traffic onto adjacent streets such as Park Street—particularly when combined with a multi-year construction period and permanent lane reductions. The conclusion of less-than-significant circulation impacts is not supported by substantial evidence.

2. Truck Access and Safety Impacts Are Inadequately Analyzed Granite Expo relies on frequent SU-30 and WB-40 delivery trucks transporting heavy materials such as stone slabs, cabinets, and countertops. Under the proposed design, trucks must turn from 40th Street onto Holden Street across a raised curb and raised two-way Class IV bikeway, then immediately align with two opposing driveways serving active properties.

The CEQA materials state that at Holden Street, the crosswalk and the two-way cycle track are raised to sidewalk level as part of the half-closure design. However, while the Initial Study relies on turning templates and conceptual access assumptions, it does not evaluate real-world operational conditions, including repeated daily truck movements, queuing, driveway-to-driveway conflicts, or interaction with bi-directional bicycle traffic.

As a result, the conclusion that truck access impacts are less than significant is not supported by substantial evidence.

3. Raised Curbs Represent an Irreversible Physical Constraint The Draft IS/MND characterizes raised crosswalks, curbs, and medians solely as safety enhancements, but does not analyze their effect on truck off-tracking, trailer swing, or turning clearance under constrained geometry.

Once constructed, these concrete features represent an irreversible commitment of resources that permanently restrict turning flexibility and cannot be readily adjusted if operational or safety conflicts arise. This irreversible design constraint is not adequately disclosed or analyzed.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 52 4. Parking Elimination Creates Direct Access and Circulation Impacts The project eliminates all on-street parking along 40th Street, removing approximately 16–20 spaces serving customers and employees of adjacent businesses.

While acknowledged, the Initial Study does not evaluate the functional consequences of parking removal for businesses that depend on close-proximity access for customer loading and employee parking. For businesses selling large and heavy goods, this parking loss constitutes a direct circulation and access impact tied to permanent physical change, not a minor inconvenience.

5. Truck Activity Data Confirms Holden Street Functions as a Service Corridor The Project’s Truck Activity Analysis (August 2025) documents that Holden Street between 40th Street and Park Avenue carried 127 trucks over a ten-day weekday period, with 39% engaged in loading or unloading activity and 26% parking. This data confirms that Holden Street functions as an active service and loading corridor for adjacent businesses.

The Draft IS/MND does not evaluate how the project’s raised crossings, turning constraints, and access changes affect businesses that rely on this documented pattern of truck loading, customer pickup, and short-term curb use.

6. Rerouting Assumptions Are Not Operationally Supported The Truck Activity Analysis further states that removal of the southbound right turn from Holden Street to 40th Street would reroute a substantial number of trucks. The same analysis documents frequent illegal truck turns at the Holden Street and Park Avenue intersection despite existing turn restrictions, indicating that rerouting assumptions may not be reliable without clear, intuitive truck routing design and enforcement.

The Draft IS/MND does not include a business-specific truck access or wayfinding plan for properties on Holden Street, nor does it analyze whether rerouted truck movements create new safety or operational conflicts.

7. Construction Duration and Cumulative Impacts Are Minimized Construction is anticipated to continue through 2028, resulting in nearly three years of sustained disruption. The Initial Study relies on general assurances that access will be “maintained,” but does not evaluate the cumulative effect of prolonged construction combined with permanent lane reductions, parking elimination, and altered truck routing.

For corridor-serving businesses, this combination materially increases the risk of long-term customer loss and business contraction, which the Initial Study does not adequately analyze.

8. Alternatives and Design Flexibility
The Draft IS/MND does not meaningfully evaluate lower-impact design alternatives that could reduce truck conflicts and access constraints, including alternatives that limit reliance on raised curbs and rigid concrete features. The lack of serious alternatives analysis undermines the conclusion that impacts can be mitigated to a less-than-significant level.

Conclusion
For the reasons stated above, the Draft Initial Study does not provide substantial evidence to support adoption of a Mitigated Negative Declaration. At a minimum, the City should reevaluate truck operations, parking ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 53 elimination, irreversible design features, construction duration, rerouting feasibility, and cumulative circulation impacts before proceeding.

Response to Comment 21-1
The City appreciates your comments and concerns raised regarding traffic congestion, truck access, raised curbs, parking and access, impacts on businesses, and alternatives in the project design. Please refer to Master Response 2.3-2: Parking Availability, Master Response 2.3-3: Economic and Business Impacts, Master Response

2.3-4: Project Cost, Funding, and Taxpayer Value, and Master Response 2.3-5: Traffic Congestion and Safety.

Comments on traffic congestion, parking and access, impacts on businesses, and alternatives are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comments regarding circulation and safety concerns are addressed in Master Response 2.4-2: Safety Issues Related to Truck Turning Movement and Raised Curbs. Disagreement with policy objectives or design priorities does not constitute substantial evidence of a significant environmental impact. Since this comment does not present evidence that the design changes would result in an adverse safety impact, the comments do not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect.

Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

Comment Letter 24: Canhuang Fang, January 6, 2026
Comment 24-1
I am submitting this comment during the CEQA public review period for the 40th Street Transit and Multi-Modal Enhancements Project. I work as a delivery driver serving businesses located at 40th Street and Holden Street.

My job involves making frequent pickups and deliveries using medium and large trucks. The proposed design introduces raised curbs, a raised two-way bike facility, and constrained turning movements at Holden Street.

Based on my experience, these conditions increase the risk of difficult or unsafe turns, delays, and conflicts with cyclists and pedestrians.

The Draft Initial Study does not adequately evaluate real-world delivery conditions, including repeated truck movements, tight turning geometry, and the need to stop or reposition during loading. I respectfully request that truck access and delivery safety be more fully analyzed before adoption of a Mitigated Negative Declaration.

Response to Comment 24-1
The City appreciates your comments and concerns regarding truck access and raised curbs. Please refer to Master Response 2.4-2: Safety Issues Related to Truck Turning Movement and Raised Curbs. Disagreement with policy objectives or design priorities does not constitute substantial evidence of a significant environmental impact. Since this comment does not present evidence that the design changes would result in an adverse safety impact, the comments do not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 54 Comment Letter 33: Michelle Xiju, January 6, 2026
Comment 33-1
The I am writing to respectfully express my strong opposition to the proposed 40th Street Transit and MultiModal Enhancements Project currently under review. While the intention to improve transportation infrastructure is laudable, the current plan raises serious concerns for residents, local businesses, and the broader community — and I urge the City to reconsider or significantly revise the project before moving forward.

1. Project Was Designed Pre-COVID and Fails to Reflect Today’s Reality This project was initially approved before the pandemic, when traffic patterns, commercial needs, commuting behavior, and local economic activity were very different. Since then, Emeryville has undergone significant change, including evolving business needs and new developments that were not fully accounted for in the original plans. Continuing with a design based on outdated assumptions does not serve our community’s current needs.

Response to Comment 33-1
The City appreciates your comments and concerns regarding the assumptions used in the traffic analysis. Please refer to Master Response 2.3-5: Traffic Congestion and Safety. The traffic model included all current and future approved projects, as required by CEQA. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment 33-2

2. Negative Impact on Local Businesses and Access
Many legacy businesses in the area — including Rug Depot Outlet and other industrial and light-industrial businesses — rely on convenient vehicle access and efficient truck deliveries for their livelihood. The proposed closures of Hubbard, Haven, Watts, and Holden streets and the removal of parking spaces will make access more difficult, limiting customer entry and complicating deliveries. Many business owners feel these impacts will harm their operations and may make it difficult for them to survive.

Response to Comment 33-2
The City appreciates your comments and concerns regarding outreach and business impacts in the area. Please refer to Master Response 2.3-1: Access, Outreach, and Alternatives in the Project Design, Master Response 2.3- 3: Economic and Business Impacts, and Master Response 2.3-5: Traffic Congestion and Safety. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment 33-3

3. Increased Congestion and Truck Traffic Elsewhere
The plan’s lane reductions and street closures are likely to divert traffic onto surrounding streets where capacity is already strained. Nearby Park Avenue, for example, is already congested with truck maneuvers and pedestrian activity. Redirecting more industrial vehicles there could exacerbate safety issues and congestion, rather than alleviate them.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 55 Response to Comment 33-3
The City appreciates your comments and concerns regarding traffic congestion and changing circulation. Please refer to Master Response 2.3-5: Traffic Congestion and Safety. The traffic model included all current and future approved projects and the studies considered changes in truck circulation. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment 33-4

4. Insufficient Justification for Bike Lanes in Low-Use Areas While bicycle and pedestrian improvements can be beneficial, there is little evidence of sufficient existing use to justify the scale of changes proposed along 40th Street. Critics note that other existing bike routes and shared pathways may already serve cyclists more effectively without disrupting vehicle flow in this corridor.

Response to Comment 33-4
The City appreciates your comments and concerns regarding project design. Please refer to Master Response

2.3-1: Access, Outreach, and Alternatives in the Project Design. The project objective is to provide a safe and efficient transportation corridor for cyclists, pedestrians, and transit riders; the proposed improvements are not simply general enhancements. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND. Please also see Master Response 2.4-1: Unsafe Conditions. Disagreement with policy objectives or design priorities does not constitute substantial evidence of a significant environmental impact. Since this comment does not present evidence that the design changes would result in an adverse safety impact, the comments do not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

Comment 33-5

5. Lack of Adequate Community Outreach and Transparency Numerous business owners and property representatives have expressed concern over inadequate notification, engagement, and transparency in the planning process. Many affected stakeholders report they were not properly informed or consulted before key design decisions were advanced.

Response to Comment 33-5
The City appreciates your comments and concerns regarding project design. Please refer to Master Response

2.3-1: Access, Outreach, and Alternatives in the Project Design. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment 33-6

6. Construction Fatigue and Unnecessary Disruption
Our community has just endured years of major construction on Hollis Street with significant disruption to residents and businesses. Starting another large infrastructure project so soon — with potentially negative ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 56 impacts — feels unnecessary and burdensome, especially without reevaluating its necessity and impact postCOVID.

For these reasons, I encourage the City Council to pause and reconsider this project, conduct updated traffic and economic impact studies, and engage in meaningful outreach with residents and businesses that will be directly affected. A re-evaluation that centers community needs and balances safety, access, and economic sustainability would better serve Emeryville’s future.

Response to Comment 33-6
The City appreciates your comments and concerns regarding business impacts. Please refer to Master Response

2.3-3: Economic and Business Impacts. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Comment Letter 35: Markus N, January 7, 2026
Comment 35-1
I am against the closure of Hubbard Street. It will leave the residents on Park Street and Halleck Street less options to leave if there is an emergency (e.g. earthquake). They will be forced to use Horton St. to exit. Which would already be crowded by the neighboring Emery condo population, residents, and businesses that use Horton Street already.

Response to Comment 35-1
The City’s adopted 2025–2030 Local Hazard Mitigation Plan identifies earthquakes, flooding, and infrastructure disruption as primary hazards but does not designate Hubbard Street as a critical evacuation route (https://www.emeryville.org/Services/Residents/Local-Hazard-Mitigation-Plan-LHMP). Residents on Park and Halleck streets will continue to have access to 40th Street via Park Street and Horton Street, and continue to have direct access to Hollis Street and San Pablo Avenue maintaining connectivity through the surrounding street grid. The proposed change shifts travel by approximately one additional block to 40th Street/Horton Street but does not eliminate neighborhood egress. Emergency vehicles will retain full access at all times, and the bollard system can be configured to allow vehicle passage if needed during an emergency.

Comment Letter 39: Deborah Himy Cohen, January 7, 2026
Comment 39-1
I am writing to express my strong opposition to the proposed expansion of bike lanes and AC Transit lanes as part of the 40th Multi Modal Project. While I understand the importance of enhancing transportation options within our City, I believe that this Project, particularly the planned street closures along the 40th Street corridor, pose a severe threat to our local businesses, disrupts the community's economic vitality, and results in significant environmental impacts that have not been analyzed in the Draft Initial Study/Mitigated Negative Declaration ("IS/MND") for the Project.

The proposed closure or partial closure of four out of the eight access streets along this vital corridor will significantly isolate existing Emeryville businesses from their customer base and access to main streets and freeways. Such a separation will not only hinder customer access but will also impede delivery capabilities, notably affecting businesses that rely on 40-foot container deliveries. This lack of access will have devastating ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 57 effects on local retail, which is essential for our community's diversity and vibrancy. In addition, these closures will simply push traffic to other streets in the area and yet this impact is not even mentioned in the IS/MND.

The plan essentially forces customers to shop at corporate retailers where they have access to parking and foregoing spontaneous shopping at independent retailers who source and curate products from around the world.

The shift of truck access and local resident/ customer traffic to Park Avenue puts a ton of pressure on a local street with small businesses and quiet, residential buildings. Forcing one-way access to the planned closed streets from Park Ave is not a safe nor practical solution, taking a quiet, tree-lined street and turning it into a thorough way to replace the use of 40th Street, yet not designed as such. Delivery trucks and increased car traffic will create idling traffic jams on local streets without capacity to be a replacement to 40th Street's use. Horton St and Hollis St were not designed this way. These potential impacts must be analyzed in the IS/MND.

I also want to emphasize that the current bike lanes in Emeryville are adequate, as shown on Reconsider40th.com.They already provide safe and efficient access for cyclists and facilitate connections to public transit options, the bay, as well as neighboring cities. Adding raised bike lanes to 40th Street at the expense of our local economy, traffic idling in residential areas north of 40th St, and limiting access to Sutter Hospital is not a balanced approach. I urge the City to consider alternatives that would allow tor improved multimodal access without sacrificing the livelihoods of our local retailers or the quality of life of our residents and small businesses.

I encourage the City to reassess the proposed 40th Multi Modal Project Design and seek more equitable solutions tor all stakeholders involved. But if the City elects to continue with the Project, at a minimum an Environmental Impact Report must be prepared that includes a full and accurate analysis of not only the potential direct environmental impacts of the Project but the secondary potential impacts as well.

Response to Comment 39-1
The City appreciates your comments and concerns regarding access, circulation, and impacts on businesses.

Access by 40’ trucks has been provided for, as discussed in Master Response 2.4-2: Safety Issues Related to Truck Turning Movement and Raised Curbs. While changes in circulation are important to the local community and are important for the City Council to consider, CEQA is limited to considering VMT as an environmental impact, as discussed in Master Response 2.3-5: Traffic Congestion and Safety. As discussed in Master Response

2.4-1: Unsafe Conditions, evidence outlined in the Draft IS/MND shows that the project is intended to mitigate excessive bike and pedestrian collisions within the project area, not just provide improved City bikeways, which meets the project objective to provide a safe corridor for transit riders, pedestrians, and cyclists on 40th Street and Shellmound Street. Concerns about business access are also of concern to the Council; however, such socioeconomic impacts are not physical impacts on the environment, which is CEQA’s mandate as discussed in Master Response 2.3-3: Economic and Business Impacts.

Disagreement with policy objectives or design priorities does not constitute substantial evidence of a significant environmental impact. Since this comment does not present evidence that the design changes would result in an adverse safety impact, the comments do not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 58 Comment Letter 40: Bon Motif Company (Curtis Himy and Deborah Himy Cohen), January 7, 2026 Comment 40-1
On behalf of Bon Motif Company, Inc, owner of 4056 Hubbard St and 4045 Horton St. in Emeryville, and with support of Emeryville business neighbors (Reconsider40th.com) this letter serves as comments on the Draft Initial Study/Mitigated Negative Declaration ("IS/MND") for the ATPL-5106-010 40th Street Transit and Multi-Modal Enhancements Project ("Project"). Attached is an additional document that points out systematic deficiencies in the IS/MND (Exhibit A).

We are business owners in Emeryville, and Reconsder40th is a community-based advocacy organization in Emeryville and Oakland whose members live, work, own businesses, and travel daily within and adjacent to the Project corridor. We support safer streets, better transit, and high-quality walking and bicycling facilities.

However, the City of Emeryville ("City"), as CEQA Lead Agency, and Caltrans, as Responsible Agency and NEPA Lead, have not complied with the requirements of the California Environmental Quality Act ("CEQA") and the National Environmental Policy Act ("NEPA") in preparing the IS/MND. As detailed below, substantial evidence in the record demonstrates that the Project may cause significant environmental impacts in numerous resource areas, and the IS/MND's analysis and mitigation are legally and technically inadequate. Under the CEQA "fair argument" standard, the City must prepare a full Environmental Impact Report ("EIR"), not an IS/MND.

Nothing in this letter shall be construed as limiting our ability to raise additional issues during the administrative process on the Project.
1) CEQA Framework and Need for a Full EIR
The IS/MND itself acknowledges that the Project was originally processed as categorically exempt, but that the addition of Phase 2, hazardous-materials constraints, tribal cultural resources, and community controversy "triggered the requirement for a CEQA IS/MND." Those same facts constitute substantial evidence that the Project may cause significant impacts on hazards, tribal resources, and community conditions, thereby triggering the fair-argument standard requiring an EIR.

The IS/MND concludes that no impact is "Significant," and that all potentially significant impacts can be reduced to "Less Than Significant" or "Less Than Significant with Mitigation." Our review demonstrates that many resource areas -- including but not limited to Air Quality, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Transportation, Land Use and Planning, Tribal Cultural Resources, Biological Resources, Noise, Recreation, Public Services, and Wildfire -- have been misclassified and should be treated as potentially significant, individually and cumulatively.

The Project is being implemented in multiple phases with a substantial temporal gap between Phase 1 and Phase 2, and involves major design elements in a complex, contaminated, culturally sensitive corridor. An EIR is the appropriate CEQA document for a project of this scope and risk, not an IS/MND that is explicitly intended for projects with no significant impacts or where all significant impacts are mitigated.

Response to Comment 40-1
Summary comments noted. Please note that under CEQA, an IS/MND analyzes the potential effects of a project based on the thresholds of significance defined by the lead agency or within Appendix G of the CEQA Guidelines.

The existence of site constraints alone does not determine whether the project will have an impact on, or be impacted by, such site constraints to a level that exceeds the significance thresholds. While initial information ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 59 indicated the need for deeper analysis and justified shifting from a categorical exemption to an IS/MND, the analysis determined that no impacts would remain significant after mitigation. An EIR is warranted when impacts are shown to remain significant and adverse with mitigation. No significant and unavoidable impacts on the environment were identified for this project. The supplemental attachment provided by the commenter is included in the attached full-length comment available at the City upon request.

Comment 40-2
2) Improper Segmentation, Narrow Scope, and Cumulative Impact Failures The IS/MND purports to cover both Phase 1 (40th Street from Adeline Street to IKEA) and Phase 2 (Shellmound Street from IKEA to Christie Ave.), but the analysis is heavily weighted toward Phase 1 and is incomplete or absent for Phase 2 across multiple resource sections. Impacts related to hazards, tribal cultural resources, stormwater treatment, traffic, and recreation are analyzed inconsistently between phases, which constitutes improper segmentation and understates cumulative impacts. Geographically, the IS/MND limits its analysis largely to the 40th Street/Shellmound Street right-of-way, while the Project will clearly divert substantial traffic to neighboring streets such as 41st Street, Park Avenue, San Pablo Avenue, Hollis Street, Horton Street, and Emery Street, where sensitive receptors and businesses are located. The City's own Multi-Modal Transportation Analysis and Community Impact Memorandum acknowledges that closing or partially closing Hubbard, Haven, Holden, and Watts
Streets will reroute vehicles and trucks to parallel streets and that parking will be removed or reconfigured on multiple blocks. Yet the IS/MND does not provide a traffic or environmental analysis for those side streets, nor does it evaluate the secondary or cumulative effects of this rerouting on air quality, noise, GHG, safety, public services, or other resource areas. The cumulative analysis is also deficient because it fails to account for multiple related and reasonably foreseeable projects, such as the ACTC San Pablo Avenue Corridor Project, the Shellmound Loop project, the Powell Street redesign, the Hollis Street Corridor Improvements, and the planned Sutter Hospital. The advocate-funded traffic study by Abrams & Associates identified additional scenarios and alternatives to the Project has been dismissed by the City. These actions violate CEQA’s requirements to study cumulative impacts and a reasonable range of alternatives, and to incorporate significant new information that bears on the environmental analysis.

Response to Comment 40-2
The City appreciates your comments and concerns regarding the CEQA analysis. Phase 1 and Phase 2 of the project were considered as one project for the CEQA analysis, although different areas of the project have different resources present, therefore the analysis refers to specific areas as relevant. The traffic analysis did not identify evidence of “substantial traffic” diverted, although some changes in circulation would occur with side street restrictions. Please see Master Response 2.4-3: Potential Impacts Related to Circulation Changes due to Roadway Closures. The Draft IS/MND analysis addressed the potential impacts on such resources independent of what phase they would be constructed in.

The vehicle access restrictions included as part of the project do not change any surrounding land use and do not increase the amount of traffic, as reported in the traffic operations and safety memorandum (Draft IS/MND Appendix D). Side streets would still be accessible. Please refer to Master Response 2.3-5: Traffic Congestion and Safety for a response concerning VMT. The threshold of significance for CEQA no longer considers circulation changes or congestion as an environmental effect. The surrounding streets are already used for truck traffic, and ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 60 40th Street is not a designated truck route. Please refer to Master Response 2.3-1: Access, Outreach, and Alternatives in the Project Design and again to Master Response 2.3-5: Traffic Congestion and Safety.

Disagreement with policy objectives or design priorities does not constitute substantial evidence of a significant environmental impact. Since this comment does not present evidence that the project would result in an adverse impact on VMT or safety, the comments do not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

Comment 40-3A
3) Transportation, VMT, Safety, and Emergency Access A.

A. VMT and CEQA Guidelines §15064.3
The IS/MND asserts that the Project is akin to "maintenance activities and the installation of operational features," relying on Governor's Office of Planning and Research's Technical Advisory to conclude that no substantial increase in vehicle miles traveled ("VMT") will occur and that the Project is "unlikely to lead to a substantial or measurable increase in vehicle travel." In reality, the Project:
- Converts general-purpose lanes to transit-only lanes; - Permanently closes or partially closes four side streets; - Removes a substantial amount of on-street parking and loading along a commercial and industrial corridor; and
- Creates new geometric features, including a two-way Class IV cycle track and cul-de-sac treatments.

These are not minor maintenance actions; they are substantial geometric and circulation changes that can redistribute traffic, lengthen trips, and induce rerouting to parallel streets. Accordingly, they require a projectspecific VMT analysis under CEQA Guidelines §15064.3. The IS/MND provides no quantitative VMT screening or calculation, no application of adopted City or regional VMT thresholds, and no analysis of how closures and lane conversions affect VMT when combined with regional attractions and the future Sutter hospital. The finding of "Less Than Significant Impact" under §15064.3 is conclusory and unsupported. Furthermore, a Parking and Loading study is also warranted as a part of the analysis.

B. Collision History, Safety, and Diversion
The City's own Multi-Modal Transportation Analysis reports 45 pedestrian/bicycle collisions and 63 auto-only collisions over 12 years in the corridor, including 9 bicycle-injury crashes at the 40th/Hubbard intersection, identified as one of the most problematic locations in the corridor. That same collision history is used to justify permanent closure of Hubbard and partial closures elsewhere, yet the IS/MND does not evaluate:
- Whether the prior safety project (completed between 2013 and 2020) already addressed some of the hazards attributed to unsignalized intersections;
- Whether the closure of Hubbard, Haven, Holden, and Watts will increase turning movements, driveway conflicts, and three-point truck maneuvers mid-block; or - How diverted traffic and trucks will affect collision risk on Horton, Hollis, Emery, Adeline, Park Avenue, and other streets with higher concentrations of residents, seniors, and workers.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 61 Independent review of SWITRS/TIMS data by Reconsider 40th and Abrahams Associates shows that a majority of crashes occurred at signalized intersections rather than at the unsignalized side streets that the City targets, undermining the premise that side-street closure is the primary safety solution. Fehr & Peers did not clearly distinguish crash types (e.g., bike-pedestrian vs. vehicle-vehicle) or analyze how the new two-way cycle track and turning patterns could generate new conflict points, especially where vehicles must cross the cycle track to access driveways or cul-de-sacs.

These facts constitute substantial evidence that safety impacts may be significant and cannot be dismissed as "Less Than Significant." An EIR-level safety and diversion analysis is required.

Response to Comment 40-3A
The City appreciates your comments and concerns regarding traffic analysis. The Draft IS/MND analyzes CEQA transportation-related topics in Section 4.17 (Transportation), and in the traffic operations and safety memorandum (Draft IS/MND Appendix D). See Master Response 2.3-5: Traffic Congestion and Safety for discussion of safety concerns and the Abrams Study. The commenter’s Attachment raised further concerns regarding access, outreach, project alternatives and parking. Please refer to Master Response 2.3-1: Access, Outreach, and Alternatives to the Project Design and Master Response 2.3-2 for further discussion of these issues.

Disagreement with policy objectives or design priorities does not constitute substantial evidence of a significant environmental impact. Since this comment does not present evidence that the design changes would result in an adverse environmental impact, the comments do not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

Comment 40-3B
C. Emergency Access and Design Vehicles
The IS/MND states that closed side streets will have a 14-foot emergency lane and that cul-de-sacs will accommodate WB-40-sized trucks using adjacent driveways for turning, while larger vehicles will require "approved traffic control procedures." This approach is flawed for several reasons:
- It assumes ongoing access to private driveways and land for turning movements without any easement or agreement, even though property owners may not consent now or in the future. - It treats WB-40 as the relevant design vehicle, ignoring the fact that emergency vehicles and routine deliveries in the corridor include WB-50, WB-62, and WB-67-sized design vehicles. - It provides no turning templates, turn radius analyses, or performance criteria - demonstrating that large fire apparatus and long combination vehicles can safely access and turn on closed streets without encroaching onto pedestrian spaces or the two-way cycle track. - It does not analyze emergency response times or evacuation performance under - future conditions, despite clear evidence that lane reductions and bus operations will cause additional delay at key intersections and on 40th and Shellmound Streets, especially during peak and weekend periods.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 62 - It fails to identify possible traffic control procedures so the public and decisionmakers can ascertain whether the procedures will serve as effective mitigation measures.

Moreover, key emergency-access elements -- including removable bollards and access-control details for at least one cul-de-sac -- were still being developed after release of the IS/MND and are not fully described or analyzed in the CEQA document. Deferring final emergency-access design and Traffic Control Plans ("TCP") to later stages without specific performance standards constitutes impermissible deferral of mitigation under CEQA.

Given the corridor's importance for emergency access to Bay Street, existing residential areas, and future facilities such as the Sutter hospital, the conclusion of "Less Than Significant Impact" for emergency access and wildfire/evacuation is not supported.

Response to Comment 40-3B
The Draft IS/MND evaluated whether the project would create hazardous geometric conditions or result in inadequate emergency access and determined impacts would be less than significant. The proposed cul-de-sacs and vehicle access restriction areas are designed to accommodate emergency vehicles and large delivery vehicles, and emergency apparatus access is maintained through the restriction areas consistent with Fire Code requirements and review by Alameda County Fire Department. The project does not eliminate access to any parcel or reduce emergency vehicle connectivity.

The design does not rely on new easements over private property. Use of existing driveway aprons for occasional truck maneuvering reflects typical urban operating conditions and is not required as mitigation.

Oversized vehicles (WB-50 and larger) currently operate in the City under approved traffic control procedures for special deliveries, and that practice would continue under the project.

Removable bollards and access-control features are design refinements that maintain emergency access and will be finalized during final design consistent with established safety and emergency response standards. Because emergency access is preserved, turning movements for emergency vehicles are accommodated, and no roadway is rendered inaccessible, the conclusion of a less-than-significant impact remains supported.

Disagreement with policy objectives or design priorities does not constitute substantial evidence of a significant environmental impact. Since this comment does not present evidence that the design changes would result in an adverse environmental impact, the comments do not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

Comment 40-4
4) Hazards, Hazardous Materials, and Hydrology
The Project area overlies and directly abuts multiple hazardous-materials sites, including the South Bayfront Shellmound Deed-Restricted area (former Bay Street), other capped parcels, and at least three dozen of contaminated properties listed in the State Water Resources Control Board's GeoTracker system (including 1401/1421 Park Avenue and 1450 Horton Street near sensitive receptors).

The IS/MND and the Hazards Memorandum (Appendix E) recognize that:
- The Project will disturb capped contaminated areas;
- Installers of Bioretention basins will excavate to depths of approximately 48 inches; ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 63 - Storm-drain pipes will require excavation up to 12 feet; - Traffic signal foundations will extend up to 14 feet; and - Roadway and multi-use path work will excavate up to roughly 26 inches.

Digging to 14 feet in areas with a three-foot hazard cap inherently risks breaching the cap and contacting contaminated soil and/or groundwater. Yet the IS/MND:

Does not provide quantified contamination levels or maps showing where excavation overlaps with known contamination and deed restrictions;
- Does not analyze cap-integrity failure risks or potential mobilization of contaminants through new infiltration facilities;
- Does not include a health-risk assessment for workers or nearby residents and - sensitive receptors (including senior housing and multifamily homes); and - Excludes numerous nearby hazardous sites and active cleanup cases from any cumulative hazards analysis.

Mitigation Measure HAZ-1 proposes a future Soil Management Plan ("SMP") addressing excavation, stockpiling, disposal, and dust control, but that measure is generic, lacks soil and contaminant-specific performance standards, does not explicitly require compliance with deed restrictions and coordination with California Department of Toxic Substances Control/San Francisco Bay Regional Water Quality Control Board, and does not mandate pre-construction sampling, groundwater evaluation, or health-protective protocols for workers and the public. Likewise, reliance on a future Stormwater Pollution Prevention Plan and Spill Prevention Plan, without project-specific content in the CEQA record, is an improper deferral of mitigation where the hazards are already known and the measures are presently feasible.

The IS/MND also fails to analyze hydrologic interactions between new bioretention facilities and contaminated soils/groundwater, including the risk that concentrated infiltration could mobilize legacy pollutants and transport them toward surface waters or wetlands connected to the Emeryville Crescent State Marine Reserve and other Bay-adjacent resources. Given these omissions, classification of hazards and hydrology impacts as "Less Than Significant Impact with Mitigation" is unsupported, and the record demonstrates a fair argument of potentially significant impacts.

Response to Comment 40-4
The Draft IS/MND Section 3.5 (Project Description) describes depths of improvements on 40th Street and on Shellmound Street. There are no bioretention facilities proposed in the areas overlying the cap; see response to comment 40-8, below. Under CEQA, regulatory compliance is assumed as part of the project, and the City coordinates closely with DTSC for any projects that affect the cap, as specified in interagency agreements and deed restrictions. The Draft IS/MND describes in detail the location and type of hazardous material sites present in the project area in Section 4.9 (Hazards and Hazardous Materials). Mitigation Measure HAZ-1 ensures contaminated soil encountered during project implementation would be managed in a safe manner and in accordance with applicable regulation. As described in the Draft IS/MND’s analysis of hazardous materials, this would reduce impacts related to soil disturbance to less than significant levels.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 64 Disagreement with policy objectives or design priorities does not constitute substantial evidence of a significant environmental impact. Since this comment does not present evidence that the design changes would result in an adverse environmental impact, the comments do not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

Comment 40-5A
5) Air Quality, Greenhouse Gas (GHG), Environmental Justice, and Sensitive Receptors A. Construction Emissions, Toxic Air Contaminants, and Multi-Year Exposure The IS/MND relies on BAAQMD regional screening thresholds and CalEEMod outputs to conclude that construction emissions will be below significance thresholds. This approach is incomplete for several reasons:
- The Project will involve multi-year construction, heavy excavation, and hauling of contaminated soils in close proximity to multifamily housing, a senior care facility (1440 by the Bay), and other sensitive receptors, but the lS/MND does not provide a localized analysis of diesel particulate matter ("DPM"), toxic air contaminants ("TACs"), or dust exposure.
- The analysis treats construction emissions as short-term episodic events rather than sustained multi-year exposures, and it does not address cumulative construction emissions from nearby projects or future development.
- No health-risk assessment (HRA) is provided for sensitive receptors, despite the known presence of contamination and heavy-duty equipment.

Under CEQA and case law such as Sierra Club v. County of Fresno, 6 Cal. 5th 502 (2018), the City must do more than rely on regional thresholds and broad generalizations; it must meaningfully evaluate the health implications of construction emissions on nearby residents and sensitive receptors.

B. Operational Air Quality, GHG, and VMT
Operationally, the lS/MND asserts that the Project "involves only construction activities" and "would have no operational effects that would result in increased emissions," while simultaneously claiming that multi-modal improvements "are known to reduce regional emissions." These statements are internally inconsistent and unsupported:
- The Project will alter traffic patterns, increase delays and queuing at many intersections (including San Pablo Avenue, Shellmound Street at Christie Ave. and Ohlone Way, and others), and redirect vehicles (including heavy-duty vehicles) to parallel streets; both the Fehr & Peers study and the Abrahams Associates analysis identify significant increases in travel times and delays under Project scenarios. - The lS/MND provides no quantitative operational emissions or GHG modeling for post-construction conditions, no analysis of added queuing and idling emissions on side streets and in front of homes and future hospitals, and no evaluation of non-exhaust emissions (brake, tire, and road-wear particulates) highlighted by CARB as a growing portion of PM emissions. - The City has not offered any specific operational commitments -- such as increased transit headways, mode-shift programs, or demand-management strategies -- to support its claim that the Project will materially reduce VMT or emissions.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 65 GHG analysis is similarly qualitative and assumes increased walking, biking, and transit usage without providing data on existing or projected utilization, and without demonstrating consistency with the City's Climate Action Plan goal to reduce local VMT by 30%. Given the probable increase in VMT on some routes, reclassification of certain streets from local to minor arterial truck routes, and new delays at key intersections, the record supports a fair argument that GHG and air-quality impacts may be significant.

Response to Comment 40-5A
Construction and operational air quality, greenhouse gas (GHG) emissions, and impacts to sensitive receptors are addressed in Draft IS/MND Sections 4.3 (Air Quality), 4.8 (Greenhouse Gas Emissions), and 4.17 (Transportation), and in part rely on the traffic operations and safety memorandum (IS/MND Appendix D). As specified in Draft IS/MND Section 4.3.4, the California Air Pollution Control Officers Association has developed a computer model that was used to estimate the project’s construction emissions. The most recent iteration of this model (V2022.1.1.30) was used to estimate emissions of ROG, NOx, and PM10 during project construction, all of which were well below regulatory thresholds.

Construction emissions were evaluated using BAAQMD-adopted CEQA thresholds and project-specific CalEEMod modeling, which demonstrate that construction-related emissions would be temporary and below significance thresholds (Draft IS/MND Section 4.3). The Draft IS/MND identifies nearby sensitive receptors and incorporates construction best management practices consistent with BAAQMD and Caltrans requirements. Because construction emissions do not exceed applicable thresholds, no project-specific health risk assessment is required.

Operationally, the project is a roadway reconfiguration within the existing right-of-way that does not add travel lanes, induce growth, or increase vehicle trips or systemwide VMT (Draft IS/MND Section 4.17; Appendix D).

Under CEQA Guidelines § 15064.3, projects that do not increase VMT are presumed to result in less-thansignificant transportation impacts. Based on the results of the traffic operations and safety memorandum (IS/MND Appendix D), no significant increase in trips would occur; therefore, the project is not required to analyze VMT. The project would also improve opportunities for alternative forms of transportation, including public transit, bicycling, and walking.

Concerns regarding traffic delay and queuing do not constitute environmental impacts under CEQA absent an increase in VMT. Refer to Master Response 2.3-5: Traffic Congestion and Safety for details and further discussion regarding the Abrams Study.

Exhibit A to this comment contains additional text related to similar topics as those summarized within the transcribed comment, including circulation and safety concerns related to raised curbs and cycle track, but does not present new issues. The commenter is referred to the aforementioned master response as well as Master Response 2.4-2: Safety Issues Related to Truck Turning Movement and Raised Curbs, Master Response 2.4-3:

Potential Impacts Related to Circulation Changes due to Vehicle Access Restrictions, and the response to comment 40-3B.

Exhibit A also references a UC Berkeley study on the changes in demographics occurring during and after implementation of the International Boulevard Bus Rapid Transit Project. Exhibit A references a study of the safety trends and demographic changes in the context of a 9-mile bus rapid transit corridor implemented in East Oakland and San Leandro. The study area does not overlap with, nor is it adjacent to, the project area, and the ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 66 project evaluated in the study differs substantially in scale, duration, regional context, land use setting, and transit function from the project analyzed in the Draft IS/MND.

The study documents demographic and safety trends observed over multiple decades within historically disinvested neighborhoods undergoing concurrent regional growth pressures, housing market dynamics, and transit-oriented development policies. The study expressly notes that its findings are inconclusive with respect to establishing a causal relationship between the International Boulevard Bus Rapid Transit Project and observed displacement trends and acknowledges that broader market forces and pre-existing conditions substantially influence demographic change.

The 40th Street Transit and Multi-Modal Enhancements Project differs materially from the project evaluated in the cited study. The 40th Street Transit and Multi-Modal Enhancements Project does not introduce a new regional transit corridor, does not substantially increase transit capacity or accessibility at a regional scale, does not remove or convert residential land uses, and would not induce new housing development. The project is limited to safety and public transit circulation improvements intended to enhance an existing transportation corridor. As such, the mechanisms evaluated in the referenced study, such as long-term transit-oriented development pressure, corridor-wide land use change, and regionally accessibility changes, do not apply to the project.

While demographic change may occur over time for a variety of reasons, the CEQA threshold is whether a project would cause or substantially contribute to physical environmental changes resulting in displacement.

The project would not directly remove housing, displace residents or businesses, or alter land use designations.

Based on an absence of displacement-inducing mechanisms, and the lack of evidence demonstrating a causal relationship between similar safety-oriented roadway projects and displacement, the analysis in Section 4.14 of the Draft IS/MND adequately analyzes the project’s impacts on population and housing. Since this comment does not present evidence that the project would result in an adverse environmental impact, the comments do not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

Comment 40-5B
C. Environmental Justice and Sensitive Populations
The Project area includes multifamily housing, senior living, transit-dependent residents, and worker-serving small businesses, yet the IS/MND contains no explicit Environmental Justice analysis. Community concerns regarding air quality, noise, access, displacement, and public safety are summarized but not evaluated as environmental impacts on disadvantaged or vulnerable populations.

By closing side streets, removing parking, and redirecting truck routes onto streets such as Horton (designated as a bike boulevard in the City's Active Transportation Plan) and Hollis, the Project pushes additional emissions and noise into neighborhoods and near sensitive receptors in a manner that raises Environmental Justice concerns.

CEQA requires agencies to grapple with such distributional effects, and the City's failure to do so is a significant analytical deficiency.

Response to Comment 40-5B
The comment contends that the Draft IS/MND fails to consider Environmental Justice (EJ) and impacts to sensitive populations. The City respectfully disagrees. While the Draft IS/MND does not include a standalone EJ ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 67 chapter, it explicitly identifies sensitive receptors and community characteristics and evaluates potential impacts—such as air quality, noise, access, transportation safety, and construction effects—in the context of the existing high density, urban environment, consistent with CEQA requirements.

Section 4.17 (Transportation) identifies the presence of multifamily housing, senior living facilities, transitdependent residents, and worker-serving businesses along the corridor and evaluates changes to access, circulation, emergency response, and truck movements resulting from street closures and traffic pattern modifications (Draft IS/MND pp. 70 – 78). The traffic operations and safety memorandum (Draft IS/MND Appendix D) further demonstrates that side-street closures and rerouting were evaluated to ensure that access is maintained, that truck turning movements remain feasible, and that parallel streets can accommodate redistributed traffic without creating unsafe conditions (Draft IS/MND Appendix D; summarized in Section 4.17, pp. 72 – 77).

Potential air quality and noise effects on nearby sensitive receptors are evaluated in Sections 4.3 (Air Quality) and 4.13 (Noise), which acknowledge nearby residences and senior facilities and conclude that operational impacts would be less than significant due to the absence of increased VMT or new operational noise sources (Draft IS/MND pp. 29 – 30, 63 – 64). In addition, community concerns related to access, safety, and neighborhood effects are summarized and addressed through project design refinements and transportation controls, as described in the Project Description and Community Impact Memorandum (Draft IS/MND pp. 6 – 9; Appendix A).

CEQA requires agencies to consider whether a project would cause a significant environmental impact; it does not require a separate EJ section where, as here, the analysis demonstrates that impacts would be less than significant and would not be disproportionately borne by disadvantaged populations. The Draft IS/MND evaluates the relevant environmental topics that could affect sensitive populations and concludes, based on substantial evidence, that no significant or disproportionate impacts would occur.

The Draft IS/MND adequately considers sensitive populations and potential EJ concerns through its transportation, air quality, noise, and access analyses, supported by Appendix D. No additional EJ analysis or recirculation is required under CEQA. Since this comment does not present evidence that the project would result in an adverse environmental impact, the comments do not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

Comment 40-6
6) Land Use, Community Division, Small-Business Impacts, and Noise The IS/MND concludes that the Project will not divide an established community and is consistent with applicable plans and policies. This conclusion is at odds with the City's own record and the broader evidence:
- The Community Impact Memorandum ("CIM") (Published November 17, 2025 by Diablo Engineering Group and incorporated herein by this reference) acknowledges that side-street closures and parking removal will affect access and loading for businesses along Hubbard, Haven, Holden, Watts Streets, and Park Avenue, and that parking stalls will be removed or converted block-by-block. - Numerous businesses-including Rug Depot, Pottery Beyond, Granite Expo, tenants of 1251-1259 Park, and the Park Business Center HOA-- have documented concerns about customer and supplier access, ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 68 truck maneuverability, parking loss, and potential for encampments at new cul-de-sacs. The CIM and these concerns have been shared at the public hearings on the Project and in letters to the City. - A City Councilmember's letter to Caltrans and a joint letter from multiple property owners raised "deep concerns" and alleged misinterpretation of traffic data and air-quality impacts, which the IS/MND dismisses as minimal without transparent quantitative support.

Closing side streets and focusing access on a few remaining corridors will physically and functionally separate the historic Park Avenue neighborhood (north of 40th) from services south of 40th and in West Oakland, altering community form and interaction. The IS/MND contains no systematic analysis of whether these changes will contribute to business displacement, vacancies, or changes in truck routing that may cause secondary physical environmental effects. Instead, it labels these impacts "minor'' and avoids re-classifying them as significant.

Noise and vibration analysis similarly fails to address the relocation of heavy-duty vehicles and buses to streets with sensitive receptors, as well as the possibility of increased groundborne vibration along diverted truck routes.

When combined with the documented travel-time increases and LOS degradation at several intersections, there is substantial evidence that noise impacts may be significant.

Response to Comment 40-6
This comment and Exhibit A to this comment express concerns regarding lack of an economic analysis, parking concerns, and City use of funds. Please refer to Master Response 2.3-1: Access, Outreach and Alternatives to the Project Design, Master Response 2.3-2: Parking Availability and Access, Master Response 2.3-3: Economic and Business Impacts, Master Response 2.3-4: Project Cost, Funding, and Taxpayer Value, and Master Response 2.3- 5: Traffic Congestion and Safety. These comments are noted for the record; however, they do not raise issues within the purview of CEQA and therefore do not alter the environmental conclusions presented in the Draft IS/MND.

Noise is analyzed in Section 4.13 of the Draft IS/MND. Construction vibration and noise would be temporary and comply with the City of Emeryville Noise Ordinance, as discussed in the IS/MND. As noted in Master Response

2.3-5: Traffic Congestion and Safety, increases in traffic are not significant even under previous thresholds for LOS. The streets that would experience an increase in truck traffic already serve trucks, as discussed in Master Response 2.4-3: Potential Impacts Related to Circulation Changes due to Roadway Closures. Therefore, no significant change in construction and operational vibration and noise would occur.

Since this comment does not present evidence that the project would result in an adverse environmental impact, the comments do not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

Comment 40-7
7) Tribal Cultural Resources, Cultural Resources, and Human Remains The Project area lies within the Emeryville Shellmound Complex, a recognized and National Register-eligible prehistoric site that historically served as a large village and burial area. The IS/MND acknowledges that:
- Three prehistoric resources within the Area of Potential Effect are part of this complex; - Midden material was displaced when the Shellmound was leveled; and ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 69 - The Archaeological Identification and Inventory (All) footprint includes the entire Shellmound area.

Caltrans is conducting Section 106 consultation with multiple tribes, including the Muwekma Ohlone Tribe, Confederated Villages of Lisjan Nation, Northern Valley Yokut/Ohlone Tribe, and others, and the Native American Heritage Commission has confirmed the presence of Native American cultural resources associated with tribes traditionally and culturally affiliated with the area. The IS/MND admits that consultation is "ongoing" and directs readers to Section 4.18.

Under AB 52 and Public Resource Code §21080.3.1, the CEQA Lead Agency cannot adopt an IS/MND until tribal consultation has concluded, and must demonstrate that consultation was conducted in good faith and that tribal concerns were meaningfully addressed. Here:
- The IS/MND does not disclose the content of tribal comments, proposed avoidance or mitigation measures, or tribal concerns about ground disturbance depth, monitoring, or treatment of inadvertent discoveries.
- Mitigation Measure TCR-1 simply commits the City to implement "nonstandard conditions" in a future Finding of No Adverse Effect and Post-Development Resource Monitoring Plan approved under the Section 106 process, without describing specific CEQA-enforceable measures. - Key supporting documents, including the Archaeological Survey Report by Tremaine & Associates (2025), the All, and the tribes' consultation responses, are not provided within the IS/MND for public review, constituting a failure to disclose the basis for the City's conclusions.

Given that some Project elements will involve excavation up to 12-14 feet in an area known to contain human remains and artifacts, the assertion that impacts to tribal cultural resources and potential human remains can be reduced to "Less Than Significant with Mitigation" via one generic mitigation measure is not credible. The mitigation is improperly deferred, lacks specificity and performance standards, and does not embody the City's independent CEQA duty separate from Caltrans' NEPA/Section 106 responsibilities.

The record therefore supports a fair argument that the Project may cause significant impacts to tribal cultural resources and human remains, requiring an EIR and robust, specific mitigation developed in close consultation with tribes.

Response to Comment 40-7
Tribal consultation was completed under AB 52 and through the Caltrans Section 106 process. There are very detailed and confidential reports in the record that have been reviewed by Caltrans cultural specialists and provided to the consulting tribes that describe the potential for tribal cultural resources in the project area.

Mitigation Measure TCR-1 reflects those documents and the agreements made between Caltrans, the City, and the tribes that ensure continued coordination and protection of tribal cultural resources. The Draft IS/MND appropriately discloses this process and mitigation framework, and AB 52 consultation has been closed in agreement with the tribes. In response to tribal consultation, the traffic signals along Shellmound Street have been redesigned using spread footings and no longer have the potential to disturb precontact soils. The consulting tribes have expressed their satisfaction with design changes and will be conducting monitoring throughout construction as required by Mitigation Measure TCR-1.

Comment 40-8
8) Biological Resources and Wetlands
ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 70 The IS/MND evaluates biological resources almost exclusively in terms of construction and focuses on nesting birds, relying on a single mitigation measure (BIO-1) that defers specifics to a "qualified biologist." That measure does not identify species-specific buffers or performance standards, does not address endangered or threatened species that may be present in the broader Bay margin and associated habitats, and does not analyze effects of hazardous-materials disturbance and stormwater runoff on habitats.

The IS/MND categorically asserts that no riparian habitat exists in the Project area and that wetlands impacts are less than significant, despite evidence of nearby creeks (e.g., Derby and Temescal Creeks), multiple watersheds, and proximity to the Emeryville Crescent State Marine Preserve. Given the excavation in contaminated soils and construction of bioretention features and new drainage infrastructure, the City must analyze whether contaminated runoff or mobilized contaminants could affect wetlands and sensitive habitats.

The present record shows no such analysis, and the resulting "No Impact" and "Less Than Significant" conclusions for certain biological questions are unsupported.

Response to Comment 40-8
The project area is an existing urban transportation corridor, and as discussed in Draft IS/MND Section 4.10.4, stormwater runoff from the 40th Street corridor currently discharges into San Francisco Bay by way of traditional gray infrastructure with little or no water treatment, via minimal drainage infrastructure consisting of storm drain inlets, storm drainpipes, manholes, and culverts. The street consists of impermeable pavement that increases runoff and concentrates pollutants. As discussed in Draft IS/MND Section 4.10.4c, proposed bioretention facilities and other green infrastructure design elements would increase capacity for infiltration of polluted runoff, which could reduce the potential for pollutants to travel to the storm drain system, groundwater, or receiving waters. As previously noted above, there are no stormwater improvements planned in the area of the cap, and Mitigation Measure HAZ-1 ensures proper handling and disposal of contaminated soils so that they do not enter the stormwater system. During construction, a site-specific SWPPP would ensure that all runoff would be treated prior to conveyance into the storm drain system, thus no additional construction mitigation is required. Because the project is designed to mitigate existing operational stormwater pollutants in this transportation corridor and would introduce no new operational pollutants, this would be a beneficial impact of the project. Whereas this comment states a concern but does not present evidence that the project would result in an adverse water quality and biological impact, the comment does not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

Comment 40-9
9) Recreation, Bay Trail, and Multi-Use Pathway Impacts The Project extends the San Francisco Bay Trail as a two-way Class IV bikeway and adds a multi-use pathway between Hubbard and Halleck Streets, yet the IS/MND treats recreational impacts as less than significant because no population growth is induced. That is an incomplete and misleading framing under CEQA.

The steep Shellmound bridge grade feeding into the new two-way cycle track will likely increase cyclist speeds and volumes, and the design introduces multiple conflict points at driveways, side streets, and cul-de-sacs, particularly where bikes and pedestrians must share space or cross turning vehicles. The IS/MND does not analyze collision risk, design speeds, sight distances, or maintenance and enforcement needs for these facilities.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 71 The multi-use pathway connecting Hubbard and Halleck to Beach Street traverses an area already affected by crime, illegal dumping, and quality-of-life issues; by concentrating these activities in a new raised pathway, the Project may accelerate physical deterioration and degrade visual quality, air quality, and safety in ways that affect environmental resources as well as users. No mitigation is proposed to address these foreseeable impacts.

Response to Comment 40-9
See Master Response 2.3-5: Traffic Congestion and Safety. Eliminating vehicles from entering and exiting Hubbard Street at 40th Street would reduce conflict points for cyclists and pedestrians in the steep grade area.

Improving the area connecting Hubbard and Halleck, including the addition of lighting, would provide safe access that is not currently available. Exhibit A to this comment contains additional text related to similar topics as those outlined within the transcribed comment, including congestion and pedestrian and bicyclist safety. The commenter is referred to the aforementioned master response and Master Response 2.4-1: Unsafe Conditions.

Whereas this comment states a concern but does not present evidence that the project would result in an adverse safety impact, the comment does not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

Comment 40-10
10) NEPA and Federal Requirements
Because this Project uses federal funds and Caltrans has assumed FHWA responsibilities, NEPA applies. The IS/MND is also intended to support NEPA clearance, but it fails NEPA's core requirements to:
- Take a "hard look" at potential environmental effects, including cumulative impacts and Environmental Justice concerns;
- Consider a reasonable range of alternatives, including a no-project/no-change alternative and design alternatives that avoid or minimize significant impacts; and - Supplement environmental analysis when significant new information emerges, such as the Abrams & Associates traffic analysis and the planned Sutter Hospital.

The document also appears not to have been updated to reflect rescission and replacement of federal Executive Orders related to climate and Environmental Justice, nor does it provide a standalone Environmental Justice section evaluating disproportionate impacts on minority and low-income communities. For these reasons, an Environmental Assessment and Environmental Impact Statement, not a cursory NEPA reliance on a CEQA IS/MND, is likely required.

Response to Comment 40-10
The CEQA and NEPA processes are separate and distinct for this project. The Draft IS/MND is not required for NEPA and is not being used by Caltrans to support NEPA clearance. The City has submitted all documentation required by Caltrans for their NEPA review and approval as separate documents.

In addition, please note that Caltrans Bulletin #26-01: 2025 Presidential Executive Orders Affecting NEPA Compliance outlines the requirements of Presidential Executive Order (EO) 1415 “Unleashing American Energy,” which revokes EO11991 that authorized the Council of Environmental Quality regulations. In addition, EOs 14148 and 14173 rescind EO13985 (Equity), EO12898, and EO 14096 (Environmental Justice). Caltrans is now ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 72 prohibited from considering Environmental Justice and Equity or Climate Change in NEPA reviews. Thus, neither topic may legally trigger the need for an environmental assessment or environmental impact statement.

Comment 40-11
11) Conclusion and Requested Actions
For all the reasons described above, there is substantial evidence in the record to support a fair argument that the Project may cause significant environmental impacts across multiple resource areas, including but not limited to:
- Air Quality and GHG Emissions;
- Hazards and Hazardous Materials;
- Transportation, VMT, Safety, and Emergency Access;
- Land Use, Community Division, and Economic/Small-Business Impacts; - Noise and Vibration;
- Tribal Cultural Resources, Cultural Resources, and Human Remains; - Biological Resources and Wetlands;
- Recreation;
- Public Services and Wildfire/Evacuation; and
- Environmental Justice.

Accordingly, we respectfully request that the City withdraw the IS/MND and prepare a full EIR that:
- Analyzes both construction and operational impacts for all Project phases and specifically the traffic and safety impacts caused by the rerouting of traffic due to the street closures; - Provides quantitative VMT, air-quality, GHG, noise, and safety analyses accounting for diverted traffic and related projects;
- Fully evaluates hazards, hazardous-materials mobilization, and hydrologic interactions with contaminated soils and wetlands;
- Provides detailed, enforceable mitigation measures with clear performance standards, rather than deferring key protections to future plans;
- Includes a robust analysis of tribal cultural resources developed through completed AB 52 consultation and transparent disclosure of Section 106 findings; and - Incorporates a thorough Environmental Justice assessment and a reasonable range of alternatives.

Please confirm that written responses to each comment in this letter will be provided.

Additionally, please find attached a document that details our objections mapped to the published IS/MND structure, to help you to better understand our concerns.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 73 Response to Comment 40-11
The City appreciates the effort put into these comments. Based on our responses above, the City has included additional text for clarification on project design changes and a typo in the mitigation monitoring and reporting plan in Section 3.3 Errata below. However, the City respectfully disagrees that the comments have provided evidence of inadequate analysis of project impacts and mitigation measures, and does not believe that a fair argument has been made that recirculation of the Draft IS/MND or an EIR would be required.

Comment Letter 41: Steve Lam, January 7, 2026
Comment 41-1
I am a resident of the Bay Street One condominium complex, which relies on Shellmound Street as the primary point of entry and exit. I am writing to formally express my concerns regarding the Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the 40th Street Multimodal Project, specifically Phase 2 along Shellmound Street.

Based on both current conditions and the information presented in the IS/MND, it appears that several significant impacts have not been adequately analyzed or addressed. These concerns include, but are not limited to: (1) garage access delays, (2) traffic delays at key intersections, (3) emergency services access, and (4) environmental impacts.

Garage Access Delays
Residents already experience substantial delays when entering and exiting the Bay Street One garage via Shellmound Street. The garage entrance is located immediately adjacent to a major intersection serving Bay Street Mall traffic, and vehicles exiting the garage must cross an active traffic lane. During peak hours, these conditions routinely result in prolonged delays. The proposed roadway changes appear likely to exacerbate an already constrained and unsafe access point.

Traffic Delays at Intersections
Two intersections are of particular concern: Shellmound Street at Christie Avenue and Shellmound Street at Ohlone Way. These intersections currently experience significant congestion, including during non-peak hours.

Available traffic analyses indicate that wait times may increase substantially in the near future due to rising residential density and increased visitation to Bay Street Mall. The IS/MND does not adequately account for how Phase 2 of this project would compound these existing conditions.

Emergency Services Access
Current traffic conditions already impede emergency vehicle access to Bay Street One and Bay Street Mall.

Emergency responders must often navigate congested traffic with limited maneuverability, increasing response times. The proposed design changes raise serious concerns that emergency access would be further restricted, creating unacceptable risks to public safety during medical, fire, or other emergency situations.

Environmental Impacts
Increased congestion, longer travel times, and extended vehicle idling will negatively affect local air quality and contribute to higher greenhouse gas emissions. Additional impacts include increased traffic noise and the cumulative environmental effects associated with worsening congestion. These impacts do not appear to be sufficiently evaluated or mitigated in the IS/MND.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 74 In addition to the substantive concerns outlined above, there has been a clear lack of communication and outreach to residents most directly affected by Phase 2 of this project. The vast majority of Bay Street One residents are unaware of the project, its phasing, and its potential impacts. Given the magnitude of the effects on daily access, safety, and environmental quality, this project warrants preparation of a full Environmental Impact Report (EIR), along with meaningful and targeted outreach to affected residents. This should include clear notification, detailed impact information, and opportunities for public input prior to further advancement of the project.

Response to Comment 41-1
Concerns regarding garage access delays, traffic delays at key intersections, and emergency services access are addressed in Master Response 2.3-5: Traffic Congestion and Safety and Master Response 2.3-1: Access, Outreach, and Alternatives to the Project Design. Along Shellmound Street, the bus lane would be a generalpurpose lane on the weekends and would not change the existing traffic. On weekdays, when the bus only lane is in effect, emergency responders would be permitted to also use the bus only lane. As described in the traffic operations and safety memorandum (IS/MND Appendix D), traffic conditions would remain at LOS D or better throughout the project area.

Whereas this comment states concerns regarding garage access delays, traffic delays at key intersections, and emergency services access but does not present evidence that the project would result in an adverse environmental impact, the comment does not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

Comment Letter 45: Connie Chan, January 7, 2026
Comment 45-1
I am writing with my comment on the 40th St Multimodal Project. I believe this project is solving non-existent problems because it is based on very old crash data that does not reflect the current safety of this corridor. In particular, the latest plan cites bicycle and pedestrian accident data from a wide range of years (2013 to 2024).

Using this data to indicate that Hubbard St is the most dangerous intersection is disingenuous because a large majority of the accidents at Hubbard happened before 2018, with even fewer after 2020 (only one). These dates are significant because the city had already changed this intersection and made it safer between 2018 and 2020.

Nearly all of the accidents cited happen while entering or exiting the Target parking lot, not because of any other part of that intersection. Google Streetview photos show the progression of the city's work to fix this problem:

1. Until March 2018: only a few traffic barrels separated the north and south lanes of Hubbard. There was a large gap that cars would go through: https://maps.app.goo.gl/WypSqcYhP2w4DBm78

2. Between March 2018 (https://maps.app.goo.gl/oyCYyGqjfhXeCbqcA) and April 2019 (https://maps.app.goo.gl/aAwVpPXp7TZxvVWi7), more bollards were added to the north side but still leave a gap.

3. Between February 2020 (https://maps.app.goo.gl/4UYBdFBJG2b9fShK6) and January 2021 (https://maps.app.goo.gl/HLpEZpGAycNcgfXdA), the gap was closed by adding bollards to the south side So, the city has already fixed the problem at this intersection! And the accident statistics show the fixes' impact.

One may say that the stats post 2020 are not realistic because of COVID, but this is a bad argument too because ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 75 the rate of bike/ped accidents at San Pablo did not change before and after 2020 while the rate at Hubbard did.

Therefore, the traffic after 2020 going through this corridor has not changed much from before 2020.

I also think not factoring in the Sutter Health development is a mistake. They will undoubtedly bring a ton of traffic which this project will bring to a stand still.

Reducing car throughput in 40th St will not encourage drivers to bike, walk, or take public transit. They will simply drive down alternative routes, like Park Ave, which is already a fantastic bikeway and very pedestrianfriendly. This project will make those nice streets worse.

Response to Comment 45-1
The City appreciates your comments and concerns regarding safety. Please refer to Master Response 2.4-1:

Unsafe Conditions and Master Response 2.3-5: Traffic Congestion and Safety for a discussion on the Safe System Design which was used while developing project features. Since this comment does not present evidence that the design changes would result in an adverse safety impact, the comments do not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

Comment Letter 46: Michael Keaton, January 7, 2026
Comment 46-1
I’m writing during the public comment period to provide a practical East Bay taxpayer perspective on the proposed 40th Street redesign and its long-term impacts.

Key facts based on community analysis
• 40th Street is a regional mobility corridor, not primarily a local active-transit street. • It currently carries 20,000–30,000 vehicles per day, including heavy commercial and freight traffic, and serves as a critical connector to Interstate 80 and Highway 580. • Planned lane reductions risk permanent congestion and vehicle diversion onto residential streets (Park Ave, 45th, Horton), which lack the capacity for sustained overflow or freight detours—potentially worsening safety, emissions, and noise where people actually walk and bike today. • Most Emeryville cyclists already choose parallel corridors like Park Avenue and Doyle Street, even with existing 40th Street bike infrastructure, suggesting limited mode-shift upside from rebuilding 40th as a bike corridor.

Key cost–benefit considerations
• $34 million is a generational allocation of public capital for a single corridor redesign. • Even if partially grant-funded, the true opportunity cost is citywide:
o Every dollar committed here is a dollar not spent on street repair, intersection collision hotspots, stormwater/flood resilience, transit reliability, public safety, or protected bike infrastructure on streets residents already use.
o When factoring likely adoption rates, 40th Street will likely deliver low realized ROI per dollar compared to smaller, distributed safety investments across the city.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 76 Recommendations for reassessment
I encourage the Council to consider:
• Commissioning independent, multi-modal impact analysis including:
o Residential street capacity
o Freight/commercial flow requirements
o Realistic vehicle diversion and congestion scenarios
• Prioritizing infrastructure investment on existing bike-preferred corridors (e.g., Park Ave, Doyle St), where:
o Adoption is already high
o Safety improvements can be delivered faster, cheaper, and with broader utilization • Avoiding net-negative side effects on residential streets, including: Increase emissions from idling and detours
o Freight rerouting onto streets not built for trucks
o New safety risks at intersections handling redirected traffic • Aligning mobility goals with actual travel behavior, not assumptions about future mode shift I support safer mobility for all modes. My concern is simply ensuring the City invests at the right scale, on the right corridors, with the highest benefit to the largest number of people and businesses.

Response to Comment 46-1
The concerns raised regarding congestion, vehicle diversion, freight movement, residential street impacts, and alignment of the project with existing travel behavior are addressed in Master Response 2.3-5: Traffic Congestion and Safety and Master Response 2.4-3: Potential Impacts Related to Circulation Changes due to Roadway Closures. Questions related to corridor function, consideration of alternative design approaches, and the evaluation of other locations or strategies to meet mobility and safety objectives are addressed in Master Response 2.3-1: Access, Outreach, and Alternatives to the Project Design. Concerns raised regarding cost-benefit analysis are addressed in Master Response 2.3-4: Project Cost, Funding, and Taxpayer Value. Since this comment does not present evidence that the design changes would result in an adverse safety impact, the comments do not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

Comment Letter 47: Bobby Lee, January 7, 2026
Comment 47-1
First, I want to thank you, Mohamed, city staff, and your consultants for the considerable time, care, and expertise you've dedicated to the 40th Street Multimodal project. The complexity of this effort is evident, and I truly appreciate your commitment and hard work.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 77 As someone who regularly bikes, takes transit, and drives in this area, I support safer bike infrastructure, improved transit, and a more walkable neighborhood. The project's overall goals resonate with me, as no one wants to risk being involved in a serious crash. However, after reading the Initial Study/Mitigated Negative Declaration report, several concerns have surfaced that I'd like to share.

From the perspective of Bay Street (Phase 2) residents, my neighbors and I have several key concerns.

1. Increased congestion and queueing
a. The traffic study indicates that travel times and delays at Shellmound St. & Christie Ave. and Shellmound St. & Ohlone Way intersections could increase substantially, potentially tripling.

Currently, many residents already struggle to access our parking garage on Shellmound Street during peak hours, and further congestion at nearby intersections could make simply getting to and from home much more difficult or even impossible.
b. We are currently seeing increased congestion on Ohlone Way between Shellmound St. and Bay St. Limited vehicle storage and uncoordinated signals mean that just six cars can block what used to be free-flowing traffic on Shellmound St. This makes it more difficult for residents to access our driveway, as cars entering Ohlone Way can’t clear the intersection and end up stacking up in the queue on Shellmound St. or "blocking the box.” I expect this situation will worsen significantly when the Tokyo Central grocery store opens. c. The possibility of hundreds or thousands of additional vehicles idling daily directly below our living room and bedroom windows for an extended period of time because of congestion delays raises serious concerns about impacts due to noise, increased greenhouse gas and exhaust emissions, and air quality. This impact does not appear to be directly addressed in the document.

2. Medians, barriers, and access
a. We would like an assurance that there are no plans to extend medians or barriers on Shellmound St. along the Bay Street Mall frontage beyond what is currently in place. We are also concerned about any changes to bus pullouts, driveways, or turning movements that could restrict access to and from the property.

3. Emergency vehicle access
a. Even now, emergency vehicles often struggle to reach the mall and our building during busy shopping periods. Increasing congestion could create life-or-death delays in care for residents.

We would appreciate reassurance that emergency access, along with their response times, has been fully studied, evaluated, and safeguarded.

Response to Comment 47-1
The City appreciates the commenter’s support for the project’s safety goals and acknowledges the concerns raised regarding congestion, queuing, access, and related effects. As discussed in Master Response 2.3-5: Traffic Congestion and Safety, the traffic analysis evaluated intersection operations, queuing, and background growth conditions. The corresponding analysis in sections of the Draft IS/MND describes how the project would not result in significant traffic, air quality, greenhouse gas, or noise impacts under CEQA. Issues related to circulation changes and access to residential driveways and parking facilities are further addressed in Master Response 2.4- 3: Potential Impacts Related to Circulation Changes due to Vehicle Access Restrictions. Emergency vehicles ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 78 would continue to be able to access normal traffic lanes and would also be able to utilize transit only lanes, therefore there would not be a reduction in emergency access. Since this comment does not present evidence that the design changes would result in an adverse safety impact, the comments do not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

Comment 47-2

4. Disturbance of potentially contaminated soil
a. I was concerned to learn that excavation may go quite deep around Shellmound St. and 40th St. Many of our long-time residents remember that there are areas nearby with contaminated or toxic soil. It would be helpful to understand how the city and its contractors will prevent our exposure to these toxins during construction and ensure the site remains safe afterward.

I also have a suggestion: this may be an opportunity to consider modern traffic management solutions to build upon the signal upgrades already completed. Tools such as optimized signal timing, AI-driven adaptive signal timing, machine learning-powered transit signal priority, and bus lane enforcement cameras could help manage congestion, keep buses moving, and address some of the concerns raised above. While the latter will require policy or legislative changes, they all seem worth exploring as part of the broader effort.

Separately, I very recently learned about the "Reconsider 40th" group. I contacted them a few days ago to learn more about their views. Their concerns differ significantly from those of my neighbors and me since they are focused on Phase 1 of the project, but I understand they plan to request that the city prepare a more detailed Environmental Impact Report (EIR).

While I am not an expert in environmental review, the scope and seriousness of their concerns, as communicated to me, suggest it may be wise for the city to consider a short pause. This time could be used for additional outreach, exploring compromises, and preparing a more comprehensive EIR.

One concern I share with them is the frequency and comprehensiveness of community outreach about this project. When I spoke with my neighbors — many of whom have lived here for decades — none were aware of the project or recalled receiving any communication about it. If possible, I'd like to request an outreach meeting at the Bay Street property so residents can hear directly from you, ask questions, and offer feedback. I am happy to help coordinate and facilitate such a meeting.

As you know, transformational projects like this can foster a strong sense of civic pride and shared identity in our city. Such pride only takes root when people feel the project reflects their needs and values, which requires genuine community buy-in. Achieving this means increasing outreach and engaging more deeply with the diverse communities in and around the project area, so residents feel like partners in shaping the outcome rather than just observers.

This truly feels like a once-in-a-generation project that will shape how people experience this neighborhood for decades to come. For that reason, I hope you will address the concerns above and consider a brief pause to allow for a more robust environmental review and deeper community engagement before moving forward.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Comments Received on the Draft IS/MND and Responses Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 79 In closing, I want to recognize the long hours, late nights, and dedication you and your team have invested in this effort. Your work is deeply appreciated, and the city is better for it. I am truly excited to see this project succeed and take shape in its final form.

At its core, this is a strong project with tremendous promise. With some additional analysis, outreach, and review of its potential impacts, it can become even better. I hope you will agree and move forward with a full EIR and additional stakeholder outreach to ensure robust public input and engagement, transparency in project development, and a thorough understanding of the environmental impacts.

Response to Comment 47-2
Regarding your concerns about contaminated soils, please see Response to Comment 5-1 above. Regarding your other concerns about signal timing, congestion and community outreach, please refer to Master Response 2.3-1:

Access, Outreach, and Alternatives to the Project Design and Master Response 2.3-5: Traffic Congestion and Safety. Since your comments do not present evidence that the project would result in an adverse environmental impact, the comments do not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

Comment Letter 52: Peter Fobel, January 9, 2026
Comment 52-1
I live in the Emery apartments. The Emery is one of the largest apartment complexes in Emeryville. This complex generates significant traffic as residents drive south of the apartment complex, down Hollis, to 40th Street.

The proposal to close the connection of Hollis to 40th will force this traffic on to Horton Street.

The traffic studies for the 40th Street project were likely done before the Emery Apartments opened, and thus don't consider this traffic flow that began in 2023.

Any traffic studies used to justify the 40th Street project should have been completed after the construction of the Emery Apartments. And I believe the connection of Horton to 40th should remain open.

Response to Comment 52-1
The City appreciates your comments and concerns regarding traffic congestion and changing circulation. Please refer to Master Response 2.3-5: Traffic Congestion and Safety and Master Response 2.4-3: Potential Impacts Related to Circulation Changes due to Vehicle Access Restrictions. The traffic operations and safety memorandum (Draft IS/MND Appendix D) is dated August 29, 2025, and included all current and future approved projects and the studies considered changes in truck circulation. The connections of both Hollis Street and Horton Street to 40th Street would remain open.

Since your comments do not present evidence that the project would result in an adverse environmental impact, the comments do not raise a fair argument that the Draft IS/MND has failed to adequately consider a significant environmental effect. Although these comments do not change the analysis in the CEQA document, they are provided to the City Council for consideration.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Text Revisions to Public Review Draft IS/MND Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 80 3 Text Revisions to Public Review Draft IS/MND
The following revisions to the Public Review Draft IS/MND are based on changes in project design in response to ongoing AB52 tribal consultation. The change in traffic signal construction to spread footings is updated in Draft IS/MND Section 3.1 (Project Description) and in Section 4.9 (Hazards and Hazardous Materials). The minor change in project description avoids potential impacts on tribal cultural resources and has a negligible effect on construction truck traffic. No new information or significant effects were identified in the comments or responses that would require revision of the Draft IS/MND.

3.1 Revisions Based on Project Design Change Errata
The following changes were made to the Project Description pursuant to further consultation with Native American tribes. These changes do not result in a new significant environmental impact, do not increase the severity of any previously identified significant impact, and do not require the adoption of new mitigation measures, and do not change mitigation measures. Rather, the revisions would reduce potential impacts to tribal cultural resources. Therefore, the following changes do not meet the criteria for recirculation of the Draft IS/MND under CEQA Guidelines Section 15073.5.

3.1.1 Revisions to Section 3.5 Project Features:

Original, Page 13, top of page:
• Storm drain pipe and structures with excavation from 4 feet to 12 feet.

Revised:
• Storm drain pipe and structures with excavation from 4 feet to 10 feet. The storm drain inlet at Christie Avenue and pipe would connect into an existing 48” RCP storm drain that is 10 feet deep and would be the only construction on Shellmound Street below 4.5 feet, extending to 10 feet in depth.

Original, Page 13, subsection 3:

Traffic Signals
Both project segments would implement either a separated shared use path for pedestrians and bicyclists or two-way Class IV bikeway by shifting traffic lanes. This would require traffic signals to be relocated to accommodate the lane shifts and modified to incorporate signalized pedestrian crossings. Signal modifications may require excavation to a depth of up to 14 feet below ground surface with a diameter of 4 feet, and minor trenching of conduits, typically 30 inches deep and up to 42 inches deep. 40th Street segment signal modifications would occur at the IKEA entrance, Horton Street, Hollis Street, Emery Street, San Pablo Avenue, and Adeline Street.

Shellmound Street signal modifications would include relocation of traffic signals to accommodate lane shift and pedestrian push button improvements for access at the IKEA entrance, IKEA exit, Bay Street, Ohlone Way, and Christie Avenue.

Revised:

Traffic Signals
ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Text Revisions to Public Review Draft IS/MND Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 81 Both project segments would implement either a separated shared use path for pedestrians and bicyclists or two-way Class IV bikeway by shifting traffic lanes. This would require traffic signals to be relocated to accommodate the lane shifts and modified to incorporate signalized pedestrian crossings. Signal modifications may require excavation to a depth of up to 14 feet below ground surface with a diameter of 4 feet, and minor trenching of conduits, typically 30 inches deep and up to 42 inches deep. All signal modifications on Shellmound Street would be constructed using spread footings that would not exceed 4 feet in depth. 40th Street segment signal modifications would occur at the IKEA entrance, Horton Street, Hollis Street, Emery Street, San Pablo Avenue, and Adeline Street.

The following text is hereby added to page 15 of the Draft IS/MND:

Interpretive Signage
In consultation with Caltrans, Native American Tribes, and subject matter experts, the City would implement a public interpretation program to share appropriate aspects of Emeryville’s cultural history. Interpretation may include signage along the Bay Trail, educational pamphlets, or web-based materials. Content would be determined through consultation, ensuring that confidential archaeological data are protected while general history and Tribal perspectives are communicated.

If significant archaeological resources are identified and/or data recovery is performed, the data and findings from the archaeological data recovery report and/or identification of materials in existing collections (if appropriate, depending on the nature of the resource) would be integrated into the interpretive program. The range of what would be interpreted will depend on what is encountered during archaeological monitoring and what is learned during compilation of data from previous excavations in consultation with the Native American community. Given the anticipated resource types, precontact interpretative programs may address tribal lifeways or land use patterns related to the Shellmound Complex. Historic-era interpretive programs may include information regarding historic-era recreational, commercial, industrial, or residential development. Some resource types, especially those associated with precontact archaeological resources, may contain confidential information, and may not be shared with the public. If, through consultation, it is determined that data is confidential, interpretive programs will portray information about general history and archaeology of the property area.

All public interpretation programs would be developed in consultation with Caltrans, Native American tribal groups (if precontact resources are involved), and other consulting parties following the completion of the archaeological monitoring report. Interpretive programs could include, but are not limited to, the following:
interpretive signage along the Bay Trail, a pamphlet, augmented reality tours on mobile devices, and a website.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Text Revisions to Public Review Draft IS/MND Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 82 3.1.2 Revisions to Hazards and Hazardous Materials Section 4.9.3(b) A new paragraph 2 is added to page 51:
b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Less Than Significant Impact with Mitigation Incorporated Construction of the proposed new lighting pole foundations and signal modifications would include excavation to depths penetrating the engineered soil cap. Since excavations are likely to reach groundwater, impacts to groundwater in the vicinity could affect project construction or worker safety. The properties beneath the cap have been identified as containing soils contaminated with arsenic, lead, chromium, cadmium, and polychlorinated biphenyls (PCBs). Penetration of the cap could expose and disturb soil contaminated with regulated hazardous materials, which could be a potentially significant impact for construction workers and nearby sensitive receptors if improperly handled. Project-specific Soil Management Plans are required for work at the site that would involve breaching the cap and subsurface work that could encounter the cap and/or contaminated soils and groundwater. The capped areas within the project area are identified in Figure 4.

As a result of tribal consultations, signal footings have been redesigned as spread footings, which limits required excavation to 4 feet, as opposed to the original depths of 12 feet. This would still excavate within the cap at signal and one drainage locations but would significantly reduce excavation into soils with the potential to contain tribal cultural resources. The quantity of excavation within the hazardous materials area increases with the shallow foundation option from approximately 23 to 95 cubic yards of excavation. At an average of 15 cubic yards per truckload, this would increase the number of covered trucks hauling contaminated soils from 2 to 7.

Implementation of Mitigation Measure HAZ-1 would reduce potentially significant impacts to less than significant.

HAZ-1
The contractor will prepare a Soil
Management Plan that will
address soil and groundwater
excavation, disposal, stockpiling,
and transportation. The Soil
Management Plan shall explicitly
address handling and disposal of
soil, on-site soil management,
off-site soil disposal, profiling of
soil, transportation routes, and
dust mitigation controls.

Project
Contractor
City of
Emeryville
Prior to and
during
construction
Verified by:

Date:

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Text Revisions to Public Review Draft MMRP Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 84 Corrected HAZ-1 language from Section 4.9.3(b)
Mitigation
Measure Mitigation Activities Implemented By Monitored By Timing and Frequency Verification of
Compliance
BIO-1
If any construction activities (e.g.,
demolition) are scheduled during the
bird nesting season (typically defined
by CDFW as February 1 to
September 1), the City or approved
construction contractor shall retain a
qualified biologist to conduct a preconstruction survey of the project area, including a 100-foot buffer, as
access is available, to locate active
bird nests, identify measures to
protect the nests, and locate any
other special status species.

The pre-construction survey shall be
conducted no more than 14 days
prior to the implementation of
construction activities (including
staging and equipment storage). Any
active nest should not be disturbed
until the young have fledged or
under the direction provided by a
qualified biologist. Any special status
species shall not be disturbed
without the direction of a qualified
biologist. If an active nest is found
during construction, disturbance
shall not occur without direction
from a qualified biologist.

City of Emeryville,
Qualified Biologist
Project Contractor City of
Emeryville
No more than 14
days prior to
construction,
once at the start
of nesting season
Verified by:

Date:

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Text Revisions to Public Review Draft MMRP Emeryville, CA Final Initial Study/Mitigated Negative Declaration March 2026 85 HAZ-1
Mitigation Measure HAZ-1: The
contractor shall prepare a projectspecific Soil Management Plan that incorporates the following:
• The contractor is responsible for
off-site disposal of soils. Soils
shall require profiling and waste
characterization within 6 months
of removal and stockpiling for
disposal facility acceptance. All
soil spills shall be disposed of by
the contractor and transported
by a licensed waste hauler to an
appropriately licensed waste
disposal facility.
• Soil stockpiles shall be
controlled, covered, and
demarcated by the contractor
when not in active use.
• Worker protection and training
shall be required by the City of
the contractor in advance of and
during construction to mitigate
potential health concerns related
to exposure of metals and
petroleum hydrocarbons.

The contractor shall prepare a Soil
Management Plan that addresses
the above mitigation requirements.

The Soil Management Plan shall
generally address soil and
groundwater excavation, disposal,
stockpiling, and transportation. The
Soil Management Plan shall
explicitly address handling and
disposal of soil, on-site soil
management, off-site soil disposal,
profiling of soil, transportation
Contractor City of
Emeryville,
DTSC
Prior to
Construction Verified by:

Date:

TCR-1
The City shall ensure
implementation all nonstandard
conditions required in the Finding of
No Adverse Effect and Post
Development Resource Monitoring
Plan as required by Caltrans and
approved by the Tribes, Caltrans,
and the State Office of Historic
Preservation.

Tribal
Representative,
Qualified
Archaeologist,
Contractor
City of
Emeryville
Prior to and
during ground
disturbing
activities
Verified by:

Date:

I
ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Public Review Draft IS/MND Emeryville, CA
Final Initial Study/Mitigated Negative Declaration March 2026 87 5 Public Review Draft IS/MND
1333 Park Avenue, Emeryville, CA 94608 | Phone: (510) 596-4346 | Emeryville.org

NOTICE OF INTENT TO ADOPT

AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
This is to advise that pursuant to Title 14 of the California Code of Regulations (CCR), §§ 15070 and 15071, the City of Emeryville (City), acting as Lead Agency, has prepared this Initial Study/Negative Declaration (IS/MND) for the project described below.

Project Name: ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Project Location: The proposed project is in the cities of Emeryville and Oakland in California, on Shellmound Street and 40th Street between Christie Avenue and Adeline Street. The proposed project is situated within Sections 15, 16, 21, 22, and 23 of Township 1 South, Range 4 West in the USGS Quadrangle Oakland West. Construction would occur in 2 phases. Phase 1 would include improvements to 40th Street and Shellmound Street between Adeline Street and the IKEA Entrance intersection. Phase 2 would include enhancements along Shellmound Street from the IKEA Entrance intersection to Christie Avenue.

Lead Agency Name and Address:

City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
As mandated by Title 14 CCR § 15105(b), the minimum public review period for this document is 30 days. Prior to project approval, the City will consider all written comments regarding this proposed IS/MND that are received during the public review period; due to the holidays, the City is providing 45 days from the date of filing this document with the State Clearinghouse.

The proposed IS/MND is available for public review during regular business hours at the following locations:
• The front desk of Emeryville City Hall, at 1333 Park Avenue, Emeryville, CA 94608. • In addition, the IS/MND is available for public review on City of Emeryville Public Works website (https://www.emeryville.org/40thStreetCEQA)
Project Description: The project would enhance existing infrastructure on 40th Street (Adeline Street to IKEA Entrance) and Shellmound Street (IKEA Entrance to Christie Avenue) through the construction of 1.4 miles of two-way separated Class IV bikeway, transit-only lanes, transit islands, pedestrian enhancements, a transit hub with complete street intersection improvements, and closing the unsignalized intersections of Hubbard Street and Haven Street on the north side of 40th Street, partial southbound closures at the unsignalized intersections of Holden Street and Watts Street on the north side of 40th Street per the Emeryville City Council Resolution 23-105, 23-106, 23- 107, and 23-108 (July 18, 2023).

Project features would consist of realigning the existing lanes, removing and replacing medians, rehabilitating the pavement surface, restriping, installing green stormwater infrastructure improvements, upgrading street lighting, and reconstructing pedestrian infrastructure to accommodate a two-way separated Class IV bikeway, new sidewalk, and concrete bus pads. 1333 Park Avenue, Emeryville, CA 94608 | Phone: (510) 596-4346 | Emeryville.org 40th Street (Adeline Street to IKEA Entrance) improvements would include:
• Lane realignment to accommodate two-way separated Class IV bikeway on the north edge of the roadway.
• Thin grind and asphalt concrete overlay.
• Asphalt concrete conforms adjacent to new concrete work. • Full depth pavement reconstruction in areas of new islands for bikeway separation. • Removal of existing roadway improvements as needed.
• Construction of sidewalk on Hubbard Street.
• Multi-use pathway connection between Hubbard Street and Halleck Street up to

4.5 feet in height.
• Addition of concrete bus pads at bus stops.

Statement of Findings: In accordance with the requirements of the California Environmental Quality Act (CEQA), an IS/MND has been prepared for this project. The City has reviewed the project and, on the basis of the whole record before it, has determined that there is no substantial evidence that the Project, with mitigation measures as identified in the Initial Study, will have a significant effect on the environment. The City prepared and hereby proposes to adopt an Initial Study/Mitigated Negative Declaration for this project.

Review: A 45-day public review period for the IS/MND will commence on November 24, 2025, and will end on January 7, 2026 for interested parties and public agencies to submit written comments on the document.

Written comments may be emailed or submitted to:

Ryan O’Connell
Senior Civil Engineer
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
email: [email protected]
Signature of Lead Agency Representative
________________________________
Ryan O’Connell
Senior Civil Engineer
City of Emeryville
Dated: November 21, 2025

PUBLIC REVIEW DRAFT
Initial Study/Mitigated Negative Declaration
ATPL-5106(010) 40th Street Transit and Multi-Modal
Enhancements Project
Emeryville, CA
November 2025
ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Emeryville, CA
Initial Study/Mitigated Negative Declaration
Prepared for:

City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
Contact:

Ryan O’Connell
City of Emeryville
(510) 596-4300
[email protected]
Prepared by:
1003 W. Cutting Blvd., Suite 110
Point Richmond, CA 94804
(510) 215-3620
Contact:

Gail Ervin
Principal
(510) 215-3620
[email protected]
f!NCE
1 1333 Park Avenue, Emeryville, CA 94608 | Phone: (510) 596-4346 | Emeryville.org

MITIGATED NEGATIVE DECLARATION
The City of Emeryville (City) does hereby prepare, declare, and publish this Mitigated Negative Declaration for the following described project:

Project Description: The project would enhance existing infrastructure on 40th Street (Adeline Street to IKEA Entrance) and Shellmound Street (IKEA Entrance to Christie Avenue) through the construction of 1.4 miles of two-way separated Class IV bikeway, transit-only lanes, transit islands, pedestrian enhancements, a transit hub with complete street intersection improvements, and closing the unsignalized intersections of Hubbard Street and Haven Street on the north side of 40th Street, partial southbound closures at the unsignalized intersections of Holden Street and Watts Street on the north side of 40th Street per the Emeryville City Council Resolution 23-105, 23-106, 23- 107, and 23-108 (July 18, 2023).

Project features would consist of realigning the existing lanes, removing and replacing medians, rehabilitating the pavement surface, restriping, installing green stormwater infrastructure improvements, upgrading street lighting, and reconstructing pedestrian infrastructure to accommodate a two-way separated Class IV bikeway, new sidewalk, and concrete bus pads. 40th Street (Adeline Street to IKEA Entrance) improvements would include:
• Lane realignment to accommodate two-way separated Class IV bikeway on the north edge of the roadway.
• Thin grind and asphalt concrete overlay.
• Asphalt concrete conforms adjacent to new concrete work. • Full depth pavement reconstruction in areas of new islands for bikeway separation. • Removal of existing roadway improvements as needed.
• Construction of sidewalk on Hubbard Street.
• Multi-use pathway connection between Hubbard Street and Halleck Street up to

4.5 feet in height.
• Addition of concrete bus pads at bus stops.

Shellmound Street (IKEA Entrance to Christie Avenue) improvements would include:
• Lane realignment to accommodate two-way separated Class IV bikeway on the west edge of the roadway.
• Thin grind and asphalt concrete overlay.
• Asphalt concrete conforms adjacent to new concrete work. • Roadway improvements, including excavation to a maximum depth of one foot below existing grade.
• Addition of one concrete bus pad at one bus stop.
2 1333 Park Avenue, Emeryville, CA 94608 | Phone: (510) 596-4346 | Emeryville.org Findings: The City has reviewed the project and, on the basis of the whole record before it, has determined that there is no substantial evidence that the project, with mitigation measures as identified in the attached Initial Study, will have a significant effect on the environment. This Mitigated Negative Declaration reflects the City’s independent judgment and analysis as Lead Agency. An Environmental Impact Report is not required pursuant to the Environmental Quality Act of 1970 (Sections 21000, et seq., Public Resources Code of the State of California).

Mitigation measures necessary to avoid the potentially significant effects on the environment are included in the attached Initial Study, which is hereby incorporated and fully made part of this Mitigated Negative Declaration. The City has hereby agreed to implement each of the identified mitigation measures which would be adopted as part of the Mitigation Monitoring and Reporting Plan.

This Mitigated Negative Declaration has been prepared pursuant to Title 14, Section 15070 of the California Code of Regulations.

Copies are also available for review at the front desk of Emeryville City Hall at 1333 Park Avenue, Emeryville, CA 94608.
________________________________
Ryan O’Connell, Senior Civil Engineer
City of Emeryville
If you need this document presented in an alternative format, please contact:

Ryan O’Connell
City of Emeryville
(510) 596-4300
[email protected]
ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Table of Contents Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 i
Table of Contents
Executive Summary ..............................................................................................................................i 1 Project Information ................................................................................................................. 1 2 Introduction ............................................................................................................................ 3

2.1 Focus of the Environmental Review.......................................................................................... 3

2.2 Summary of Findings................................................................................................................. 3

2.3 Required Permits and Additional Approvals............................................................................. 4

2.4 Lead Agency Determination...................................................................................................... 5 3 Project Description .................................................................................................................. 6

3.1 Project Location......................................................................................................................... 6

3.2 Background................................................................................................................................ 6

3.3 Project Objectives...................................................................................................................... 9

3.4 Existing Conditions.................................................................................................................. 10

3.5 Project Features ...................................................................................................................... 10

3.6 Construction Controls ............................................................................................................. 15 4 Environmental Evaluation...................................................................................................... 19

4.1 Aesthetics................................................................................................................................ 20

4.2 Agricultural and Forestry Resources ....................................................................................... 23

4.3 Air Quality................................................................................................................................ 25

4.4 Biological Resources................................................................................................................ 31

4.5 Cultural Resources................................................................................................................... 35

4.6 Energy...................................................................................................................................... 40

4.7 Geology and Soils .................................................................................................................... 41

4.8 Greenhouse Gas Emissions ..................................................................................................... 46

4.9 Hazards and Hazardous Materials........................................................................................... 49

4.10 Hydrology and Water Quality.................................................................................................. 55

4.11 Land Use and Planning ............................................................................................................ 60

4.12 Mineral Resources................................................................................................................... 62

4.13 Noise........................................................................................................................................ 63

4.14 Population and Housing .......................................................................................................... 65

4.15 Public Services......................................................................................................................... 66

4.16 Recreation ............................................................................................................................... 68

4.17 Transportation......................................................................................................................... 70

4.18 Tribal Cultural Resources......................................................................................................... 79 ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Table of Contents Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 ii

4.19 Utilities and Service Systems................................................................................................... 83

4.20 Wildfire.................................................................................................................................... 85

4.21 Mandatory Findings of Significance ........................................................................................ 87 5 Mitigation Monitoring and Reporting Plan............................................................................. 89 6 References............................................................................................................................. 91 List of Figures
Figure 1. Project Location Map..................................................................................................................... 7 Figure 2. Project Area Map ........................................................................................................................... 8 Figure 3. Project Detail Map ....................................................................................................................... 11 Figure 4. Liquification Susceptibility Map................................................................................................... 42 Figure 5. Deed Restriction Map .................................................................................................................. 52 Figure 6. Existing Bicycle Facilities in the City of Emeryville....................................................................... 73 List of Tables
Table 1. BAAQMD Thresholds of Significance for Construction-Related Criteria Air Pollutants and Precursors (BAAQMD 2022).................................................................................................... 26 Table 2. Expected Average Emissions From the Project (Summer)............................................................ 28 Table 3. Mitigation and Monitoring Plan.................................................................................................... 90 List of Appendices
Appendix A
Community Impact Memorandum
Appendix B
Air Quality Outputs
Appendix C
City of Oakland OakDOT Letter of Support
Appendix D
Multi-Modal Transportation Analysis
Appendix E
Hazards Memorandum
ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Executive Summary Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 ES-i
Executive Summary
The City of Emeryville proposes the 40th Street Transit and Multi-Modal Enhancements Project (project) to provide improvements for transit riders, pedestrians, and cyclists on 40th Street and Shellmound Street, creating a safe and efficient multi-modal corridor.

Project Description as Approved by Emeryville City Council on November 18, 2025 The project would enhance existing infrastructure on 40th Street (Adeline Street to IKEA Entrance) and Shellmound Street (IKEA Entrance to Christie Avenue) through the construction of 1.4 miles of two-way separated Class IV bikeway, transit-only lanes, transit islands, pedestrian enhancements, a transit hub with complete street intersection improvements, and closing the unsignalized intersections of Hubbard Street and Haven Street on the north side of 40th Street, partial southbound closures at the unsignalized intersections of Holden Street and Watts Street on the north side of 40th Street per the Emeryville City Council Resolution 23-105, 23-106, 23-107, and 23-108 (July 18, 2023).

Project features would consist of realigning the existing lanes, removing and replacing medians, rehabilitating the pavement surface, restriping, installing green stormwater infrastructure improvements, upgrading street lighting, and reconstructing pedestrian infrastructure to accommodate a two-way separated Class IV bikeway, new sidewalk, and concrete bus pads. 40th Street (Adeline Street to IKEA Entrance) improvements would include:
• Lane realignment to accommodate two-way separated Class IV bikeway on the north edge of the roadway.
• Thin grind and asphalt concrete overlay.
• Asphalt concrete conforms adjacent to new concrete work. • Full depth pavement reconstruction in areas of new islands for bikeway separation. • Removal of existing roadway improvements as needed.
• Construction of sidewalk on Hubbard Street.
• Multi-use pathway connection between Hubbard Street and Halleck Street up to 4.5 feet in height.
• Addition of concrete bus pads at bus stops.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Executive Summary Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 ES-ii
• Addition of one concrete bus pad at one bus stop.

Potential Impacts
Based on the environmental evaluation performed for this Initial Study, the proposed project would have:
• No Impact or beneficial effects on Agricultural and Forestry Resources, Land Use and Planning, Mineral Resources, and Population and Housing.
• Less Than Significant Impact on Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hydrology and Water Quality, Noise, Public Services, Recreation, Transportation, Utilities and Service Systems, and Wildfire. • Less Than Significant Impact with Mitigation Incorporated on Biological Resources, Hazards and Hazardous Materials, and Tribal Cultural Resources.

Impacts and Mitigation Measures
The following impacts and mitigation measures required to reduce project impacts to a “Less than Significant” level have been identified in this analysis:
• Mitigation Measure BIO-1: If any construction activities (e.g., demolition) are scheduled during the bird nesting season (typically defined by California Department of Fish and Wildlife as February 1 to September 1), the City or approved construction contractor shall retain a qualified biologist to conduct a pre-construction survey of the project area, including a 100-foot buffer, as access is available, to locate active bird nests, identify measures to protect the nests, and locate any other special status species. The pre-construction survey shall be conducted no more than 14 days prior to the implementation of construction activities (including staging and equipment storage). Any active nest should not be disturbed until the young have fledged or under the direction provided by a qualified biologist. Any special status species shall not be disturbed without the direction of a qualified biologist. If an active nest is found during construction, disturbance shall not occur without direction from a qualified biologist. • Mitigation Measure HAZ-1: The contractor will prepare a Soil Management Plan that will address soil and groundwater excavation, disposal, stockpiling, and transportation. The Soil Management Plan shall explicitly address handling and disposal of soil, on-site soil management, off-site soil disposal, profiling of soil, transportation routes, and dust mitigation controls. • Mitigation Measure TCR-1: The City shall ensure implementation all nonstandard conditions required in the Finding of No Adverse Effect and Post Development Resource Monitoring Plan as required by Caltrans and approved by the Tribes, Caltrans, and the State Office of Historic Preservation.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project List of Abbreviations Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 i
List of Abbreviations
Abbreviation Definition
BAAQMD Bay Area Air Quality Management District
BMP Best management practice
CAL FIRE California Department of Forestry and Fire Protection CARB California Air Resources Board
CCR California Code of Regulations
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CESA California Endangered Species Act
CFG California Fish and Game (Code)
CRHR California Register of Historical Resources
CWA Clean Water Act
DG Decomposed granite
EBMUD East Bay Municipal Utility District
EPA Environmental Protection Agency
FEMA Federal Emergency Management Agency
FHWA Federal Highway Administration
GHG Greenhouse gases
IS Initial Study
MBTA Migratory Bird Treaty Act
MMRP Mitigation Monitoring and Reporting Plan
MND Mitigated Negative Declaration
MTC Metropolitan Transportation Commission
NAHC Native American Heritage Commission
NEPA National Environmental Policy Act
NHPA National Historic Preservation Act
NOX Nitrogen oxides
NPDES National Pollution Discharge Elimination System
ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project List of Abbreviations Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 ii
PCB Polychlorinated biphenyls
PRC Public Resources Code
ROG Reactive organic gases
ROW Right-of-way
RWQCB San Francisco Bay Regional Water Quality Control Board SER Standard Environmental Reference
SHS State Highway System
SWPPP Stormwater Pollution Prevention Plan
SWRCB California State Water Resources Control Board
TMDL Total Maximum Daily Load
USFWS United States Fish and Wildlife Service
USGS United States Geological Service
VHFHSZ Very High Fire Hazard Severity Zones
VMT Vehicle miles traveled
VOC Volatile organic compounds
ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Project Information Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 1 1 Project Information
Type of Information Project Details

1. Project title: ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project

2. Lead agency name and address: City of Emeryville
1333 Park Ave
Emeryville, CA 94608

3. Contact person and phone number: Ryan O’Connell
City of Emeryville
(510) 596-4300
[email protected]

4. Project location: Emeryville, CA and Oakland, CA

5. Project sponsor’s name and address: City of Emeryville 1333 Park Ave
Emeryville, CA 94608

6. General Plan designations: No specific land use designation. The project involves work within the roadway right-of-way (ROW) and roadway.

7. Zoning: No specific zoning designation. The project involves work within the roadway ROW and roadway.

8. Description of project: This project would renovate portions of 40th and Shellmound streets to provide improvements for transit riders,
pedestrians, and cyclists. It would create a transit hub on 40th Street just east of the intersection of 40th Street and San Pablo Avenue and add bike lanes, intersections, transit stops, streetscapes, and green stormwater infrastructure. The
project would provide for continuation of the San Francisco Bay Trail as a two-way separated Class IV, which would
include realignment of the existing lanes to allow construction of a two-way separated Class IV bikeway on the north side of 40th Street and a two-way separated Class IV bikeway on the west side of Shellmound Street.

9. Surrounding land uses and setting: Commercial, with a variety of customer-centered businesses and offices, including a hotel, retail stores, and fast-food restaurants. Multifamily residential areas, senior care living, and multi-use areas are adjacent along the corridor and at the end of 40th Street near the intersection with Adeline Street.

10. Other public agencies whose approval is
required:

California Department of Transportation (Caltrans)
City of Oakland
Metropolitan Transportation Commission
ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Project Information Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 2 11. Have California Native American tribes
traditionally and culturally affiliated with the
project area requested consultation pursuant
to Public Resources Code Section 21080.3.1? If
so, is there a plan for consultation that
includes, for example, the determination of
significance of impacts to tribal cultural
resources, procedures regarding
confidentiality, etc.?
On September 27, 2024, a letter was sent to the Native
American Heritage Commission (NAHC) requesting a search of their Sacred Lands database and a list of contacts that may have knowledge of cultural or tribal resources within or immediately adjacent to the proposed project area. A
response was received on October 1, 2024, indicating a
positive presence of Native American cultural resources associated with the Amah Mutsun Tribal Band of Mission San Juan Bautista and the Northern Valley Yokut/Ohlone Tribe.

The NAHC provided a list of 21 tribal representatives for consultation, including representatives from the Amah
Mutsun Tribal Band of Mission San Juan Bautista, Northern Valley Yokut/Ohlone Tribe, Confederated Villages of Lisjan Nation, Muwekma Ohlone Tribe of the San Francisco Bay
Area, Indian Canyon Mutsun Band of Costanoan, and the
Ohlone Indian Tribe.

Consultation letters were mailed to all representatives on April 3, 2025, and follow-up emails were sent on April 23, 2025. Five tribes, the Amah Mutsun Tribal Band of Mission San Juan Bautista, the Confederated Villages of Lisjan Nation, the Muwekma Ohlone Tribe of the San Francisco Bay Area, the Northern Valley Yokut/Ohlone Tribe, and the Ohlone
Indian Tribe have responded to date. The Amah Mutsun Tribal Band subsequently deferred consultation responsibilities to the Muwekma Ohlone Tribe. Whereas this is a Caltrans
funded project, tribal consultation is ongoing through the Caltrans Section 106 approval process. See Section 4.18, Tribal Cultural Resources, for details.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Introduction Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 3 2 Introduction

2.1 Focus of the Environmental Review

2.1.1 California Environmental Quality Act
The City of Emeryville (City), as the project sponsor and lead agency, in cooperation with the California Department of Transportation (Caltrans) as Responsible Agency, has prepared this Draft Initial Study (IS) pursuant to the California Environmental Quality Act (CEQA) for the proposed 40th Street Transit and Multi-Modal Enhancement Project (project). This IS is an informational document provided to help the public and decision-makers understand the effects the project may have on the environment, and how any potential adverse effects may be mitigated. Because this document describes potentially significant impacts that can be reduced to less than significant with the adoption of mitigation measures, a Mitigated Negative Declaration (MND) has been prepared.

The Notice of Intent to Adopt a Mitigated Negative Declaration provides notice to interested agencies and the public that it is the City’s intent to adopt an MND and, pending public review, expects to determine from this IS/MND that the proposed project would not have a significant effect on the environment as mitigated. This Public Review Draft IS/MND is subject to modification based on comments received by interested agencies and the public.

2.1.2 California Department of Transportation
Caltrans has assumed responsibility for the Federal Highway Administration (FHWA) for projects using FHWA funding or requiring FHWA approval. Caltrans has designated the role of lead agency to the City of Emeryville and serves as a Responsible Agency under CEQA; Caltrans must approve all technical studies and environmental documents before the project can proceed. Caltrans provides guidance for implementing regulations, as well as recommended report content and format, in the Standard Environmental Reference (SER; Caltrans 2024a) on the Caltrans SER web page. This guidance was used to develop supporting technical studies and CEQA topic analysis for the proposed project.

2.2 Summary of Findings
Biological Resources, Hazards and Hazardous Materials, and Tribal Cultural Resources would be potentially affected by this project, including at least 1 impact that would be a “Potentially Significant Impact” without the implementation of mitigation measures. Based on the environmental evaluation performed for this IS (Section 4), the proposed project would have:
• No Impact or beneficial effects on Agricultural and Forestry Resources, Land Use and Planning, Mineral Resources, and Population and Housing.
• Less Than Significant Impact on Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hydrology and Water Quality, Noise, Public Services, Recreation, Transportation, Utilities and Service Systems, and Wildfire. • Less Than Significant Impact with Mitigation Incorporated on Biological Resources, Hazards and Hazardous Materials, and Tribal Cultural Resources.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Introduction Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 4 2.3 Required Permits and Additional Approvals

2.3.1 Permits
The project would obtain or comply with the following permits:
• Encroachment Permit (City of Oakland)
• Encroachment Permit (Caltrans)

2.3.2 Responsible Agencies
• Caltrans
• City of Oakland
ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Introduction Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 5 2.4 Lead Agency Determination
On the basis of this initial evaluation:
__ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. __ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT (EIR) is required.
__ I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An EIR is required, but it must analyze only the effects that remain to be addressed. __ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ________________________________ __________
Signature Date
________________________________ __________
Name Title
Ryan O'Connell Senior Civil Engineer 03/05/2026
ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Project Description Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 6 3 Project Description
The City of Emeryville proposes the 40th Street Transit and Multi-Modal Enhancement Project to create a safe and efficient multi-modal corridor for transit riders, pedestrians, and cyclists on 40th Street and Shellmound Street. The project aligns with the City’s goal to provide comfortable and safe circulation for all users.

3.1 Project Location
The proposed project is in the cities of Emeryville and Oakland in California, on Shellmound Street and 40th Street between Christie Avenue and Adeline Street (Figure 1). The proposed project is situated within Sections 15, 16, 21, 22, and 23 of Township 1 South, Range 4 West in the USGS Quadrangle Oakland West. The project limits are shown in Figure 2.

3.2 Background
The project was originally designed to create a major transit hub at 40th Street and San Pablo Avenue that would include a two-way separated bikeway on the north side of 40th Street, an additional eastbound transit-only lane, and conversion of a westbound travel lane into a transit-only lane, all between Adeline Street and the IKEA entrance. The process of developing concepts for these multimodal improvements started in 2018 with preparation of initial design concepts for the bus hub and 40th Street west of San Pablo Avenue based on existing conditions along the 40th Street/Shellmound Street corridor.

On July 9, 2019, the City Council approved the “40th and San Pablo Bus Hub Project Conceptual Design Memorandum” and found the project to be exempt from environmental review under CEQA Guidelines Section 15301(c). A final report, “40th and San Pablo Bus Hub Project, Final Report” was prepared and approved at City Council on March 3, 2020.

Subsequently, a Part 2 multi-modal project was added into the scope of the project involving a cycle track from the IKEA entrance to the northern extent of the Shellmound Street and Christie Avenue intersection. This second segment involves relocating traffic signal poles and relocating center medians and landscaping in an area that is capped for hazardous materials, and where Native American shellmound resources have been identified. In addition, federal funding has been obtained, and NEPA compliance pursuant to the Caltrans Local Agency Procedures Manual is required as well as additional CEQA documentation. The environmental issues related to soil contamination, tribal cultural resources, and community concern over street closures have triggered the requirement for a CEQA IS/MND.

3.2.1 Community Involvement
In June 2023 and May 2024, the City made outreach efforts as part of their design process to ensure the community could have input and approved of the proposed improvements. Outreach efforts included mailers, meetings, and direct contact, where the consulting team met with businesses and residential property owners. Stakeholders also communicated with City staff through emails and phone calls.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Project Description Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 7 Figure 1. Project Location Map
Em•ry"llla
SOURCE
ESRJ Streets Basemap
40th Street Transit-On ly Lanes and Multimodal
Enhancements Project
Project Location Map

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FIGURE
1 APPROVED
gpenn:anen
ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Project Description Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 8 Figure 2. Project Area Map
SOURCE
Bing Aerial Basemap
40th Street Transit-Only Lanes and Multimodal
Enhancements Project
Project Area Map

JOB NUMBER
803.11.55
DRAWN
cvaZ/K. Robinson
1 in.
0 DATE
7/30/2025
FIGURE
= 600 ft. 2 600 ft.

REVISED APPROVED
10/02/2025 gpennanen
ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Project Description Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 9 Businesses like Rug Depot, Pottery & Beyond, and Granite Expo expressed concerns about access and parking, leading to design refinements such as redesigning street closures and curblines, and considering commercial loading zones. Residential concerns, particularly from the Watermark by the Bay, focused on loading space, parking, and emergency access, resulting in changes like creating shared spaces for bikes and pedestrians, maintaining trees, and adding loading zones. An online survey gathered feedback and verified support for the project design, showing significant support across income levels, with many respondents emphasizing the importance of protected bike lanes and traffic calming measures. Overall, the project team engaged extensively with the community to refine the design and address concerns, ensuring the project aligns with local development plans and promotes sustainable growth without compromising community cohesion. Community outreach consisted of in-person and virtual meetings, postcards, phone calls, emails and community events.

In response to these contacts, project design refinements and alternatives were considered included an option of the Hubbard Street closure to allow right-in movement, redesigning the curbline to facilitate truck turning movements, and being open to requests for a commercial loading zone on Horton Street.

The major properties on Hubbard Street also have access to the parallel side streets of either Halleck Street or Horton Street.

After concerns from property owners along Hubbard Street, the October 2024 Traffic Safety and Operations Analysis was expanded in August 2025 to include an additional Intersection and Truck Activity Analysis Memorandum. During follow-up meetings with the Bessler Building Homeowner’s Association, residents expressed concerns about the potential for homeless activity at the street closures. The project will provide an improved fence between the Bessler Building and the public City right-of-way (ROW) along Haven Street and 40th Street in response to the concerns from the homeowner’s association.

After considering various concerns and alternatives, the concept designs were brought to the Emeryville City Council in July 2023. The City Council approved the concept of closing the unsignalized intersections of Hubbard Street and Haven Street on the north side of 40th Street, and the design concept of partial southbound closures at the unsignalized intersections of Holden Street and Watts Street on the north side of 40th Street. At the same meeting, Emeryville’s City Council approved adding the Phase 2 concept into the scope of work of the project (Shellmound Street from IKEA Entrance to Christie Avenue). The approved concept designs have been incorporated into the final design (see Section 17 Transportation).

A Caltrans Community Impact Memorandum with further details on this is provided in Appendix A.

3.3 Project Objectives
The project objective is to provide improvements to transit riders, pedestrians, and cyclists on 40th Street and Shellmound Street, creating a safe and efficient multi-modal corridor. This would be accomplished by renovating portions of 40th and Shellmound streets to create a transit hub on 40th Street just east of the intersection of 40th Street and San Pablo Avenue and adding bike lanes and other multi-modal improvements. The project would include continuation of the San Francisco Bay Trail as a two-way separated Class IV bikeway from its existing terminus at the IKEA entrance on the east side of Shellmound Street to the north side of 40th Street to Adeline Street. The project would include realignment of the existing lanes to allow the construction of the eastbound 2-lane separated Class IV bikeway on the north side of 40th Street and the northbound 2-lane separated Class IV bikeway on the ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Project Description Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 10 west side of Shellmound Street. In addition, the project would improve intersections, transit stops, and streetscapes, and provide green stormwater infrastructure to create a safe multi-modal corridor.

3.4 Existing Conditions
Shellmound Street is classified as a local street, and 40th Street, which provides access to Emeryville’s commercial area, Oakland, and the Bay Bridge Trail, is classified as a minor arterial road. Major signalized intersections on 40th Street within the project include San Pablo Avenue (State Route 123), Adeline Street, Emery Street, Harlan Street, Hollis Street, and Horton Street. Major signalized intersections on Shellmound Street within the project include the IKEA entrance and exit, Bay Street, Ohlone Way, and Christie Avenue. Currently, 40th Street consists of 2 lanes in each direction, and Shellmound Street consists of 2 lanes in each direction transitioning to 1 lane over the train tracks between the IKEA entrance and Hubbard Street.

Land use throughout the corridor is commercial, with a variety of customer-centered businesses and offices, including IKEA, a hotel, retail stores, and fast-food restaurants. Multifamily residential areas, senior care living, and multi-use areas are adjacent along the corridor and at the end of 40th Street near the intersection with Adeline Street.

The portion of the project area located within the City of Oakland is an operating ROW for Emeryville by agreement. This area is identified in Figure 2 and the City of Oakland Department of Transportation (OakDOT) has provided a letter of support for the project (Appendix B).

3.5 Project Features
The project features are illustrated in Figure 3.

Roadway Upgrades
Roadway upgrades would consist of realigning the existing lanes, rehabilitating the pavement surface, and restriping.

Segment One - 40th Street (Adeline Street – IKEA Entrance) improvements would include:
• Lane realignment to accommodate two-way separated Class IV bikeway on the north edge of the roadway.
• Thin grind and asphalt concrete overlay.
• Asphalt concrete conforms adjacent to new concrete work. • Full depth pavement reconstruction in areas of new islands for bikeway separation. • Removal of existing roadway improvements as needed.
• Construction of sidewalk on Hubbard Street. Maximum depth of excavation is anticipated to be 26 inches.
• Multi-use pathway connection between Hubbard Street and Halleck Street up to 4.5 feet in height. Maximum depth of excavation is anticipated to be 24 inches. • Addition of concrete bus pads at bus stops. Maximum depth of excavation is anticipated to be 17 inches.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Project Description Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 11 Source: Diablo Engineering, 2025
Figure 3. Project Detail Map
Emeryville
Alameda
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3th St New Two Way Class IV Bikeway
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- New Multiuse Path
New Sidewalk at Hubbard St
Bus Stop Upgrade
Bus Stop Upgrade by Others
0 Signal Controlled
rtial Intersection Closure ..... Ful l Intersection Closure ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Project Description Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 12 Segment Two - Shellmound Street (IKEA Entrance – Christie Avenue) improvements would include:
• Lane realignment to accommodate two-way separated Class IV bikeway on the west edge of the roadway.
• Thin grind and asphalt concrete overlay.
• Asphalt concrete conforms adjacent to new concrete work. • Roadway improvements, including excavation to a maximum depth of 1 foot below existing grade.
• Addition of 1 concrete bus pad at 1 bus stop. Maximum depth of excavation is anticipated to be 17 inches.

Medians
Some existing medians would be removed, and new medians would be installed throughout the corridor where restricting movement is recommended to calm traffic, improve safety and access, and provide opportunities for green stormwater infrastructure and pedestrian refuge. During construction of the 40th Street segment, medians would be installed to restrict vehicle access along the north side of 40th Street at Hubbard (full access restriction), Holden (partial access restriction), Haven (full access restriction), and Watt (partial access restriction) streets. Full access restriction would prevent vehicles from turning from or onto the side street. Partial access restriction would prevent vehicles from turning from the side street onto 40th Street. In all cases, emergency access would be maintained. Median improvements would also include work related to new concrete sidewalk, curb and gutter, median curb, driveway, and curb ramps up to 1 foot of excavation along the entire 40th Street corridor. In addition, parking spaces would be removed within this segment along the north side of 40th Street and existing stalls converted on adjacent streets to accessible parking spaces. During construction of the Shellmound Street segment, the center median at the IKEA exit would be shifted to allow for the proposed Class I shared use path along the southbound shoulder.

Storm Drain
Green stormwater infrastructure is used to help collect, infiltrate, and treat stormwater runoff from adjacent impervious surfaces, including streets and sidewalks. Green stormwater infrastructure improvements are planned with 40th Street segment, and no storm drain or green stormwater infrastructure improvements are noted on the Shellmound Street Segment plans. Storm drain facilities and green stormwater infrastructure treatment basins would include:
• Storm drain inlets and pipe connections to convey stormwater runoff from repositioned flowlines in the street design.
• Bioretention facilities with excavation depths of approximately 48 inches, with deepened retaining curbs and a small retaining wall footing on the traffic side of the bioretention facilities. • New permeable pavements to be used for stormwater infiltration in limited sidewalk areas.

Excavation for these would be approximately 12 inches deep. • New drain inlets and pipe connections along the new curb line, against the dedicated bus lane on the north side of 40th Street.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Project Description Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 13 • Storm drain pipe and structures with excavation from 4 feet to 12 feet.

Street Lighting
Existing street lighting would be either upgraded or protected in place. Within the 40th Street segment, additional pedestrian scale lighting is proposed along the shared use path at Halleck Street and along the sidewalk on either side of 40th Street between Hubbard Street and Adeline Street, focused on plazas at restricted side streets and bus stop areas. Thirty-three street lights are planned for 40th Street and no new street lights are planned for Shellmound Street.
• Pedestrian scaled lighting pole foundations would be 2.5 feet in diameter and up to 7 feet deep, and the lighting pole would be up to 15 feet tall. Intersection lighting would have the same maximum foundation size but could be up to 35 feet tall.

Utility Relocation
The only utility relocations anticipated are of 4 or fewer fire hydrants in the 40th Street segment. This would need to be coordinated with East Bay Municipal Utility District (EBMUD), as they typically relocate fire hydrants with their own workforce and charge the City for the relocations.

Signal modifications may require excavation to a depth of up to 14 feet below ground surface with a diameter of 4 feet, and minor trenching of conduits, typically 30 inches deep and up to 42 inches deep. 40th Street segment signal modifications would occur at the IKEA entrance, Horton Street, Hollis Street, Emery Street, San Pablo Avenue, and Adeline Street.

Shellmound Street signal modifications would include relocation of traffic signals to accommodate lane shift and pedestrian push button improvements for accessibility at the IKEA entrance, IKEA exit, Bay Street, Ohlone Way, and Christie Avenue.

Pedestrian Facilities
Pedestrian facilities would be reconstructed to comply with Americans with Disabilities Act (ADA) requirements. Improvements would include removal of obstructions, closure of sidewalk gaps, installations of shared use paths, installation of ramps and bulb-outs, shortened and high visibility crosswalks, and other pedestrian improvements intended to provide a more inviting and safer walking environment.
40th Street segment pedestrian improvements would include:
• Minor sidewalk widening to accommodate bus stop construction. • New retaining walls along the shared use path between Halleck Street and Hubbard Street.

Excavation for these would be up to 24 inches deep and next to the bridge abutment, which is entirely fill and above most of the existing grade.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Project Description Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 14 • New pedestrian plazas at the intersections of Hubbard Street and 40th Street and Haven Street and 40th Street where the design closes off traffic access from 40th Street. This would include new or green stormwater infrastructure, storm drain connections, sidewalk, curb and gutter, and asphalt concrete pavement.
• Sidewalk gap closure on the west side of Hubbard Street between 40th Street and Park Avenue.

Excavation for pavements, concrete sidewalk, and curb and gutter would be approximately 12 inches.
• New pedestrian curb ramps throughout the corridor. Depth would be approximately 10 inches with an adjacent 12-inch asphalt plug to tie into the existing asphalt concrete roadway. • Construction of corner bulb-outs for placement of directional pedestrian curb ramps and shortened crosswalks at multiple signalized intersections noted along the corridor. Excavation for sidewalk and roadway improvements would be up to 12 inches. • Corner islands for protected intersections comprised of sidewalk/stamped concrete and curb and gutter. Excavation would be up to 12 inches.
• New sidewalk, curb and gutter, bioretention basins, storm drain lines and inlets, curb ramps, etc., at Holden Street and Watts Street where only northbound traffic coming from westbound 40th Street is permitted.

Shellmound Street segment improvements would be limited to ADA curb ramp upgrades.

Bus Lane and Stop Upgrades
Both 40th Street and Shellmound Street would include dedicated bus lanes in both travel directions for increased capacity and improved service and reliability. 40th Street segment improvements would include:
• Concrete transit islands between bus lane stops and the two-way bikeway on the north side of 40th Street. Depth of excavation for the associated concrete and pavement work would be approximately 12 inches.
• New or relocated bus shelters at 3 bus/transit stops. Where the shelters are to be placed, a concrete pad would be placed underneath. Excavation depth for the pad would be 8 inches. • Landscape and transit stop amenities such as bike racks, benches, bus shelters, and trash receptacles.

Shellmound Street improvements would include relocation of 1 bus stop and shelter to be adjacent to the bus only lane.

Landscaping
Existing landscaping would be preserved where possible.

The 40th Street segment would include removal and replacement of up to 52 street trees. Tree removal and planting depth is typically approximately 4 feet, as the City has a standard to create a rootable area for new trees. This rootable area provides space for tree roots to avoid future uplifting of pavement and sidewalk caused by roots.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Project Description Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 15 The 40th Street segment would also include green infrastructure near the intersections of 40th Street and Halleck Street, Hubbard Street, Horton Street, Holden Street, Hollis Street, Haven Street, Watts Street, Emery Street, San Pablo Avenue, and Adeline Street. New plantings would be added to select locations in the medians and in the bioretention basins. Other landscaping elements would include shrubs, mulch, hydroseeding, and groundcovers. The landscaping would be irrigated.

No landscaping improvements are noted on the Shellmound Street segment drawings, however, landscaping where the medians are shifted and some minor landscaping near the new bus stop area are planned. This includes the removal of 4 trees and replacement of 6 trees.

Rights-of-way
The project upgrades would be positioned inside existing ROWs. The project staging would also be positioned inside existing ROWs.

A decomposed granite path and landscaping would be placed in Caltrans ROWs across from the IKEA entrance. The decomposed granite path would be approximately 8 inches deep. San Pablo Avenue is Caltrans ROW. Portions of the project are within the City of Oakland ROW.

Roadway Connection Closures and Modification
Four intersections with 40th Street would be closed or have modified traffic patterns. The intersections of Hubbard and Haven streets with 40th Street would be closed off. The dead end would provide adequate space for up to a 30-foot truck to turn around in the cul-de-sac and up to a 40-foot truck (WB40) to turn around using driveways at the sites they are serving. Larger vehicles would need to follow approved traffic control procedures to access the sites they are serving, which is typical for oversized deliveries in the City. Large emergency vehicles would use a 14-foot emergency vehicle access from 40th Street.

The intersections of Holden and Watts streets and 40th Street would have modified traffic patterns only allowing a right turn onto those streets from 40th Street. Raised pedestrian crosswalks would be installed at these intersections to increase pedestrian awareness in drivers.

3.5.1 Construction Schedule
The design plans for both project segments are 95% complete. The final project design is expected to be completed by the end of 2025. Construction is expected to begin in spring/summer 2026 and be completed by the end of 2028.

3.6 Construction Controls
The project would be required to comply with local, state, and federal regulations pertaining to protection of human health, safety, and environment. In addition, the project must meet projectspecific permit conditions established by regulatory agencies (see Section 2.3).

The following required conservation measures and construction controls from local, state, and federal agencies have been incorporated into the project design. In general, the City follows the Caltrans Construction Site Best Management Practices Manual (Caltrans 2024b).

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Project Description Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 16 3.6.1 Air Quality
The basic construction controls outlined below would be implemented to minimize impacts to air quality during construction, as required by the Bay Area Air Quality Management District (BAAQMD) CEQA Guidelines Update (BAAQMD 2022).

1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered 2 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. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.

7. All trucks and equipment, including their tires, shall be washed off prior to leaving the site.

8. Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or gravel.

9. Publicly visible signs shall be posted with the telephone number and name of the 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 General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.

In addition, Caltrans’ Standard Specifications in Section 14-9 (Caltrans 2024c) require the contractor to comply with all applicable air quality laws and regulations. Specific actions include:
• Post a publicly visible sign with large font, providing 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. BAAQMD’s nuisance response phone number shall also be visible to ensure compliance with applicable regulations. • 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 in large font shall be provided for construction workers at all access points for this requirement. • Construction equipment and vehicles will be properly tuned and maintained. All construction equipment will use low sulfur fuel as required by CCR Title 17, Section 93114. • Water or a dust palliative will be applied to the site and equipment as often as necessary to control fugitive dust emissions.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Project Description Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 17 • Soil binder will be spread on any unpaved roads used for construction purposes, and on all project construction parking areas.
• Equipment and materials storage sites will be located as far away from residences and parks as practicable. Construction areas will be kept clean and orderly. • Track-out reduction measures will be used at project access points to minimize dust and mud deposits on roads affected by construction traffic. Dust and mud that is deposited on paved, public roads due to construction activity and traffic will be promptly and regularly removed to reduce particulate matter emissions.
• To minimize spreading dust into the wider community, all transported loads of soils and wet materials will be covered before transport, or adequate freeboard will be provided. • To the extent feasible, construction traffic will be scheduled and routed to reduce congestion during peak travel times.
• As soon as practical after grading, the contractor will install mulch or plant vegetation to reduce windblown particulate matter on spoils piles and areas not subject to near-term paving.

3.6.2 Geology and Soils
The Hydrology and Water Quality controls section below outlines erosion and sediment best management practices (BMPs) that would minimize impacts to geology and soils during construction.

3.6.3 Hazards and Hazardous Materials
The Construction General Permit requires that a Spill Prevention Plan be developed along with the project-specific Stormwater Pollution Prevention Plan (SWPPP) to detail site-specific BMPs to prevent spills from impacting water and land resources. The plan must outline protocols for contacting the San Francisco Bay Regional Water Quality Control Board (RWQCB) and other responsible agencies.

Additionally, spill containment and absorbent materials must be kept on-site at all times, and petroleum products and hazardous waste must be removed and disposed of at an appropriate location.

3.6.4 Hydrology and Water Quality
Construction activities that disturb 1 acre or more of land, and construction on smaller sites that are part of a larger project, must comply with a California State Water Resources Control Board (SWRCB) Construction General Permit (Order 2009-0009-DWQ) that regulates stormwater leaving construction sites. Site owners must notify the state, prepare and implement a SWPPP, and monitor the effectiveness of the plan. The SWPPP must outline measures that will protect hydrology and water quality resources, including groundwater, from negative impacts during construction.

Construction site stormwater BMPs would follow the Caltrans Construction Site Best Management Practices Manual (Caltrans 2024b) to control and minimize the impacts of construction-related activities.

Some of these controls are also outlined in Section 3.6.1 as construction controls for air quality. The following BMPs, at a minimum, would be implemented at the site during construction:

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Project Description Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 18 1. Temporary erosion and sediment control BMPs to prevent the transport of earthen materials and other construction waste materials from disturbed land areas, stockpiles, and staging areas during periods of precipitation or runoff (such as silt fence, erosion control fabric, fiber rolls).

2. Tracking controls and designated staging areas outside of drainage areas.

3. Revegetation of all disturbed areas, including staging with native species only.

4. Temporary BMPs to prevent wind erosion and sediment transport of disturbed areas, such as use of water for dust control and covering of stockpiles.

5. Construction boundary fencing to limit land disturbance to areas not planned for construction.

3.6.5 Traffic During Construction
For activities within a public ROW, a Temporary Traffic Control Plan and Pedestrian Control Plan conforming with the California Manual on Uniform Traffic Control Devices must be prepared and submitted for review and approval prior to issuance of applicable encroachment permits. Reviewing agencies would include the City (entire project) and Caltrans (only for the San Pablo Avenue/40th Street Intersection). Final project plans direct the contractor to keep access open to all residences and businesses at all times throughout construction.

Appendix G of the CEQA Guidelines (California Natural Resources Agency 2018) provides a sample checklist with a series of questions designed to enable the lead agency, the City of Emeryville, to identify project impacts with respect to 20 environmental topics; this IS generally follows this checklist.

Except where a specific threshold has been adopted by a public agency and is specified in the sections below, such as an air quality threshold, Appendix G of the CEQA Guidelines are used as thresholds of significance for the CEQA checklist questions.

Potential environmental impacts are described as follows:
• Potentially Significant Impact: An environmental impact that could be significant and for which no feasible mitigation is known. If any potentially significant impacts are identified in this Checklist, an EIR must be prepared.
• Less than Significant Impact with Mitigation Incorporated: An environmental impact that requires the implementation of mitigation measures to reduce that impact to a less than significant level.
• Less than Significant Impact: An environmental impact may occur; however, the impact would not exceed significance thresholds.
• No Impact: No environmental impacts would result from implementation of the project.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 20 4.1 Aesthetics

4.1.1 Environmental Setting
The project is located in a highly urbanized area, and the project area consists of paved arterial roads and local roadways. Shellmound Street abuts Interstate 580. Land use throughout the corridor is commercial, with a variety of customer-centered businesses and offices, including IKEA, a hotel, retail stores, and fast-food restaurants. Multifamily residential areas, senior care living, and multi-use areas are adjacent along the corridor and at the end of 40th Street near the intersection with Adeline Street.

Landscaping is limited within the project area. Along Shellmound Street south of Christie Avenue, there is a narrow, landscaped median with occasional trees/shrubs, plus sparse trees along the street. The high-density housing along 40th Street has minimal ornamental landscaping around buildings and parking lots. Slope plantings are present near the I-80 interchange where Shellmound Street curves.

Along 40th Street, there is also a landscaped median with sparsely spaced trees and landscape shrubs, and street trees line both sides of the street.

Existing nighttime light sources in the project area include street lighting along Shellmound Street and 40th Street, as well as security lighting from the surrounding residences and commercial buildings.

A Visual Impact Assessment was prepared to estimate the probable visual impacts of the project. The project received a score of 9, indicating that visual impacts of the project are minimal and acceptable, and no further Visual Impact Assessment was needed (Caltrans 2023).

4.1.2 CEQA Checklist Summary
Except as provided in Public Resources Code Section 21099, would the project:

CEQA Question Impact Determination
a) Have a substantial adverse effect on a scenic vista? No Impact b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings, within a state scenic highway? Less Than Significant Impact c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
No Impact
d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less Than Significant Impact

4.1.3 Answers to CEQA Checklist Questions
Except as provided in Public Resources Code Section 21099:
a) Would the project have a substantial adverse effect on a scenic vista? No Impact
ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 21 A review of the Caltrans Vista Points GIS Data identified the Emeryville Public Access Pier Vista Point, located northwest of the project area along the San Francisco Bay Trail (Caltrans 2025a). However, the I-80 interchange separates the project area from the vista point, making the project area not visible from this location. Therefore, the proposed project would have no impact on a scenic vista, and no mitigation is required.
b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Less than Significant Impact
A review of the Caltrans Scenic Highway Map did not reveal designated scenic highways in the immediate vicinity of the project area or within its viewshed that would be impacted by the proposed project (Caltrans 2018). One previously recorded historic district, the Emeryville Historic Industrial District, was mapped overlapping with the project area. Project activities are constrained to the ROWs and would not extend physically or significantly visually to the contributing elements of the district. No other notable scenic resources were identified within the project setting, which is highly urbanized and commercial. Therefore, the project would have a less than significant impact on scenic resources, and no mitigation is required.
c) In non-urbanized areas, would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
No Impact
The visual changes due to the proposed project would be relatively minor and include new curbs, paving, and striping; removal and addition of medians throughout the corridor; installation of bioretention facilities; new storm drain inlets; potential utility relocations; and signal modifications at various intersections including the IKEA entrance, Horton Street, Hollis Street, Emery Street, San Pablo Avenue, and Adeline Street. Additionally, traffic signals will be relocated at the IKEA entrance and exit, Bay Street, Ohlone Way, and Christie Avenue. Other changes include minor sidewalk widening, adding concrete bus pads, concrete transit islands between bus lane stops, and both the relocation of existing bus shelters and the addition of new ones. These visual changes would be consistent with the existing roadway-dominated character of the project area.

The Oakland portion of the project is in the Regional Commercial zoning district (City of Oakland 2024).

The Oakland portion of the project includes the southwest corner of Shellmound Street where it curves, between the IKEA entrance and Horton Street. The zoning does not indicate any specific aesthetic or scenic quality-related requirements applicable to the proposed project.

Within Emeryville, the project is in an area zoned in the General Plan for Mixed Use with Residential and Mixed Use with Non-Residential (City of Emeryville 2019a). Some portions along 40th Street are zoned for Medium Density Residential and Public. No applicable policies pertaining to aesthetics or scenic quality of the project were identified in the Emeryville General Plan or Zoning Ordinance.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 22 The project area spans multiple districts (San Pablo Corridor, East Bay Bridge, Park Avenue, South Bayfront, and Powell/Christie) that are specifically envisioned for development and transformation in Emeryville's General Plan. The proposed transportation infrastructure improvements, including multimodal and streetscape elements, align with the development visions and guidelines outlined in the General Plan for these districts.

Specifically, the South Bayfront Design Guidelines call for enhanced pedestrian and bicycle connections across the railroad tracks, which this project establishes through its Class IV bikeway improvements. The streetscape improvements and green stormwater infrastructure complement the Powell Street/Christie Avenue district's goal of fostering a community-centered character and the Park Avenue district's emphasis on pedestrian activity. Additionally, the transit hub development near San Pablo Avenue aligns with the East Bay Bridge district's vision to capitalize on transit access. Thus, the project would not conflict with applicable local zoning, general plan, or other regulations relating to scenic quality, and no mitigation is required.
d) Would the project create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area?
Less Than Significant Impact
The project would not adversely affect day or nighttime views in the area, nor would it result in a significant increase in lighting. The area is highly urbanized with large commercial developments and high-density housing. Existing street lighting would be either upgraded or protected in place. The 40th Street segment would construct additional pedestrian scale lighting along the shared use path at Halleck Street and along the sidewalk on either side of 40th Street between Hubbard Street and Adeline Street, focused on plazas at restricted side streets and bus stop areas. Additional street lighting improvements are not noted in the 40th Street or Shellmound Street segment drawings, other than intersection lighting associated with signal modifications at the intersections. No reflective building surfaces are proposed that could create glare. Therefore, the project would have a less than significant impact on day or nighttime views in the area, and no mitigation is required.

4.2.1 Environmental Setting
The project area is located in the cities of Emeryville and Oakland. The project vicinity is zoned for commercial and high-density residential uses (see Section 4.11, Land Use and Planning).

There are no agricultural or forestry land uses on or near the project area. According to the Alameda County Important Farmland 2022 Map, the majority of Prime Farmland or Farmland of Statewide Importance is located in the eastern regions of Alameda County (California Department of Conservation 2022).

4.2.2 CEQA Checklist Summary
Would the project:

CEQA Question Impact Determination
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? No Impact
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code (PRC) § 12220(g)), timberland (as defined by PRC § 4526), or timberland zoned Timberland Production (as defined by Government Code § 51104(g))?
No Impact
d) Result in the loss of forest land or conversion of forest land to non-forest use? No Impact e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
No Impact

4.2.3 Answers to CEQA Checklist Questions
a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact
The project is not located in an area of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency (California Department of Conservation 2022). Additionally, the project does not propose features that would result in a change in land use; therefore, the project would have no impact on farmland, nor would it convert farmland to non-agricultural use, and no mitigation is required.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 24 b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract?
No Impact
The project does not overlap any area zoned for agricultural use. Additionally, there are no Williamson Act contracts in the vicinity (Alameda County Community Development Agency 2020). Because there are no agricultural zoning designations and no Williamson Act contracts associated with the project, there would be no impact on agricultural resources, and no mitigation is required. c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code (PRC) § 12220(g)), timberland (as defined by PRC § 4526), or timberland zoned Timberland Production (as defined by Government Code § 51104(g))? No Impact
There are no forest land or timberland land uses or zoning designations in the project vicinity. The project would have no impact on land development or conversion of land use. Therefore, the project does not have potential to conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production, and no mitigation is required. d) Would the project result in the loss of forest land or conversion of forest land to non-forest use?
No Impact
There are no forest land or timberland land uses or zoning designations in the project vicinity. The project would have no impact on land development or conversion of land use. Therefore, the project would not result in the loss of forest land or conversion of forest land to non-forest use, and no mitigation is required.
e) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
No Impact
Refer to responses a – d. There is no potential for this infrastructure project to result in a conversion of land and there is no farmland or forest land associated with the project; therefore, there would be no impact on Farmland or agricultural uses, and no mitigation is required.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 25 4.3 Air Quality

4.3.1 Environmental Setting
The topography of a region can substantially impact air flow and pollutant concentrations. California is divided into 15 air basins with similar topography and meteorology to better manage air quality throughout the state. Each air basin has a local air district that is responsible for identifying and implementing air quality strategies to comply with ambient air quality standards.

The project is located within the San Francisco Bay Air Basin, which includes Marin, Napa, San Mateo, Contra Costa, Alameda, Santa Clara, and parts of Sonoma and Solano counties. Air quality regulation in the San Francisco Bay Air Basin is administered by the BAAQMD. The project region is non-attainment for federal ambient air quality standards for ozone and PM2.5, and state ambient air quality standards for ozone, PM10, and PM2.5 (BAAQMD 2017).

4.3.2 Regulatory Setting
Air Quality Standards
Air quality within Alameda County is regulated by the U.S. Environmental Protection Agency (EPA), the California Air Resources Board (CARB), and the BAAQMD. These agencies develop rules, regulations, policies, and/or plans to achieve the goals and directives imposed through legislation.

The EPA is responsible for implementing the federal Clean Air Act (1970), including establishing healthbased National Ambient Air Quality Standards for air pollutants. National Ambient Air Quality Standards established for criteria pollutants under the Clean Air Act are ozone, carbon monoxide, nitrogen dioxide, sulfur dioxide, PM10, and PM2.5, and lead. The standards set for criteria pollutants are periodically reviewed and revised as applicable.

In California, CARB is responsible for implementing the California Clean Air Act (1988) and has established California ambient air quality standards, which are more restrictive than the national standards. In general, CARB works with local agencies to develop policies, guidance, and regulations related to state and federal ambient air quality standards; coordinates with local agencies on transportation plans and strategies; and provides assistance to local districts and transportation agencies to meet air quality standards established under both the federal and California clean air acts.

The BAAQMD has primary responsibility for air quality regulation in the project area. The BAAQMD seeks to allow development while working to achieve and stay in compliance with air quality standards.

The BAAQMD also enforces general state regulations for nuisance and odors. As part of that role, the BAAQMD prepared CEQA Thresholds and Guidelines, most recently updated in 2022 (BAAQMD 2022).

The CEQA Thresholds and Guidelines outlines the process for evaluation and review of air quality impacts and recommends mitigation measures as appropriate. It also establishes construction significance thresholds for air quality for the priority pollutants shown in Table 1. Projects that exceed these thresholds may have to adopt alternative construction schedules or specific mitigation measures.

The Metropolitan Transportation Commission (MTC) prepares and updates transportation plans, including the current Plan Bay Area 2050. The MTC conducts regional air modeling to ensure that ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 26 projects and actions do not inhibit air district efforts to achieve clean air. Consequently, Plan Bay Area 2050, under which this project falls, is harmonized with the BAAQMD Clean Air Plan.

Table 1. BAAQMD Thresholds of Significance for Construction-Related Criteria Air Pollutants and Precursors (BAAQMD 2022)
Criteria Air
Pollutant
Construction Thresholds –
Average Daily Emissions
(lbs/day)
Operational Thresholds –
Average Daily Emissions
(lbs/day)
Operational Thresholds –
Maximum Annual Emissions
(tons/year)
ROG 54 54 10
NOX 54 54 10
PM10 82 (exhaust) 82 15
PM2.5 54 (exhaust) 54 10
Note: ROG = reactive organic gases, NOx = nitrogen oxides, PM10 = coarse particulate matter or particulates with an aerodynamic diameter of 10 micrometers (µm) or less, PM2.5 = fine particulate matter or particulates with an aerodynamic diameter of 2.5 µm or less.

Cumulative Impacts
In developing thresholds of significance for air pollutants, BAAQMD considered the emission levels for which a project’s individual emissions would be cumulatively considerable. If a project exceeds the identified significance thresholds, its emissions would be cumulatively considerable, resulting in significant adverse air quality impacts to the region’s existing air quality conditions. Therefore, additional analysis to assess cumulative impacts is unnecessary.

Health Effects
If emissions generated from project construction do not exceed the applicable BAAQMD thresholds for ozone, PM10, and PM2.5, the emission of criteria pollutants for which the area is non-attainment would not be associated with adverse health impacts.

Screening Criteria - Construction-Related Impacts
Criteria Air Pollutants and Precursors
For construction projects, the BAAQMD has identified screening criteria to assist with determining whether the project would substantially impact air quality. If all of the following construction screening criteria are met, the construction of the proposed project would result in a less than significant impact from criteria air pollutant and precursor emissions. If not, then construction emissions need to be quantified (BAAQMD 2022).

1. The project is below the applicable screening level size shown in Table 3-1 of the BAAQMD CEQA Guidelines (Operational-Related).

2. All Basic Construction Mitigation Measures would be included in the project design and implemented during construction.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 27 3. Construction-related activities would not include any of the following:
a. Demolition.
b. Simultaneous occurrence of more than 2 construction phases (e.g., paving and building construction would occur simultaneously).
c. Simultaneous construction of more than one land use type (e.g., project would develop residential and commercial uses on the same site) (not applicable to high-density infill development).
d. Extensive site preparation (i.e., greater than default assumptions used by the Urban Land Use Emissions Model for grading, cut/fill, or earth movement). e. Extensive material transport (e.g., greater than 10,000 cubic yards of soil import/export) requiring a considerable amount of haul truck activity.

4.3.3 CEQA Checklist Summary
Would the project:

CEQA Question Impact Determination
a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
Less Than Significant Impact
c) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Less Than Significant Impact

4.3.4 Answers to CEQA Checklist Questions
a) Would the project conflict with or obstruct implementation of the applicable air quality plan?
Less Than Significant Impact
Projects that could generate emissions in excess of the BAAQMD recommended significance thresholds would be considered to potentially conflict with or obstruct implementation of the applicable air plan.

The proposed project is an infrastructure project that involves only construction activities, including demolition. The proposed project would have no operational effects that would result in increased emissions and is intended to provide multi-modal improvements that are known to reduce regional emissions. As identified by BAAQMD, construction-related activities result in the generation of criteria air pollutants including carbon monoxide, sulfur dioxide, particulate matter (PM10 and PM2.5), ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 28 precursor emissions such as ROG and NOx, and greenhouse gas (GHG) emissions from exhaust, fugitive dust, and off-gas emissions.

The project does not fall under the BAAQMD screening criteria for construction projects because some demolition of existing roadway infrastructure would be required. The California Air Pollution Control Officers Association has developed a computer model (California Air Pollution Control Officers Association 2022) that can estimate a project’s construction and operation emissions. The most recent iteration of this model (V2022.1.1.30) was used to estimate emissions of ROG, NOx and PM10 during project construction, as outlined in Table 2.

Table 2. Expected Average Emissions From the Project (Summer) Pollutant Construction Daily Maximum Operation Daily Maximum ROG 3.66 lbs/day 0 lbs/day
Nox 32.0 lbs/day 0 lbs/day
PM10 (Exhaust) 5.85 lbs/day 0 lbs/day
As can be seen in Table 2, all expected construction and operation emissions fall well below the BAAQMD significance thresholds.

Because the project receives partial federal funding it must comply with special regulations for air quality impacts from transportation projects. The project must conform to both regional and local plans.

The proposed project was considered under the Bay Area Plan 2050 and was determined to be exempt per Title 40 of the Code of Federal Regulations, Part 93, Subpart A, as a project that corrects, improves, or eliminates a hazardous location. Therefore, this project aligns with the Bay Area Plan 2050.

Projects that create new traffic volumes or that increase vehicle miles traveled (VMT) would usually increase air pollution. Hence, they might be considered to have a significant impact on efforts to achieve the National Ambient Air Quality Standards and California ambient air quality standards. This project does not increase VMT or create more trips. Its sole function is to reduce congestion and promote more efficient vehicle travel; therefore, the project is in furtherance of the applicable air quality plans, and no mitigation is required.
b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
Less Than Significant Impact
The project region is non-attainment for federal ambient air quality standards for ozone and PM2.5, and state ambient air quality standards for ozone, PM10, and PM2.5. The BAAQMD has established that if a project exceeds the identified significance thresholds, its emissions would be considered cumulatively considerable and additional analysis to determine cumulative impacts would be unnecessary. As discussed in Section 4.3.4(a), project construction emissions would not exceed BAAQMD significance ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 29 thresholds; therefore, there would be no cumulatively considerable net increase in criteria pollutants that would adversely impact human health, and no mitigation is required. c) Would the project expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact
The BAAQMD defines sensitive receptors to include residential dwellings, including apartments, houses, and condominiums; schools, colleges, and universities; daycare centers and hospitals, and senior care facilities. Most of the surrounding area is developed as commercial facilities and businesses. However, multifamily residential complexes, senior living facilities, and mixed use developments are situated along the corridor and at the terminus of 40th Street near its intersection with Adeline Street.

Construction activities would temporarily introduce a new source of contaminants with the potential to adversely affect existing sensitive receptors in the project vicinity. During construction, short‐term degradation of air quality is expected from the release of particulate emissions (airborne dust) generated by excavation, repaving, minor demolition, and other activities related to construction.

Emissions from construction equipment powered by gasoline and diesel engines are also anticipated and would include carbon monoxide, NOx, ROG, directly emitted PM10, and PM2.5, and toxic air contaminants such as diesel exhaust particulate matter.

Construction emissions would be temporary and limited to the immediate area surrounding the construction activities, and do not exceed BAAQMD thresholds of significance. However, ozone, PM10 and PM2.5 emissions can cause adverse health impacts for nearby sensitive receptors. High concentrations of ozone have the potential to irritate lungs, and long-term exposure may cause lung tissue damage and cancer (CARB 2020). Typical sources of low-altitude ozone are almost entirely formed from reactive organic gases (ROG), volatile organic compounds (VOC) and NOx in the presence of sunlight and heat. Common precursor emitters include motor vehicles and other internal combustion engines, solvent evaporation, boilers, furnaces, and industrial processes (CARB n.d.). Particulate matter PM10 (respirable particulate matter) and PM2.5 (fine particulate matter) can irritate the eyes and respiratory tract and decrease lung capacity. Both are associated with increased cancer and mortality and contribute to haze and reduced visibility (CARB 2022).

To reduce particulate and diesel emissions impacts to nearby sensitive receptors, BAAQMD recommends applying BMPs as outlined in their 2022 CEQA Guidelines. The BMPs are incorporated as part of the project description to reduce impacts on sensitive receptors. The project would also implement Caltrans’ BMPs within Standard Specifications, Section 14-9. Note that some of these best practice measures are required by federal, state or local regulations. Please refer to Section 3.6.1 for the BAAMQD and Caltrans BMPs.

As discussed in 4.3.4(a), the project would not generate emissions that exceed local thresholds of significance. The project includes the above listed construction controls that further protect against significant amounts of diesel toxic air contaminants and particulate pollutants being generated by the project during construction. Emissions generated during project construction would be less than significant due to the temporary nature of activities and construction controls for particulates and emissions-generating equipment, as well as distance from the source. Therefore, project effects on sensitive receptors would be less than significant, and no additional mitigation is required.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 30 d) Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Less Than Significant Impact
Temporary construction activities associated with the project would involve the use of a variety of gasoline or diesel-powered equipment and pavement coatings emitting temporary exhaust fumes and odors. However, construction-related emissions would be temporary in nature and would dissipate rapidly with increasing distance from the project area. As a result, short-term construction activities would not expose a substantial number of people to objectionable odors. Additionally, as shown in Table 1, there is no Threshold of Significance for construction-related odors impacts. Because no significant odor impacts from construction-related projects have been identified, and due to their temporary nature, the impact would be less than significant, and no mitigation is required.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 31 4.4 Biological Resources

4.4.1 Environmental Setting
The project area is characterized as extensively developed urban land, consisting of existing asphalt and concrete roadways, and abutting dense commercial and residential development. The only biological resources in the project area are landscape trees and shrubs along the sidewalks and in the medians.

4.4.2 Regulatory Setting
Federal
Migratory Bird Treaty Act
The Migratory Bird Treaty Act (MBTA) makes it unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, or kill migratory birds. The law applies to the removal of nests occupied by migratory birds during the breeding season. California Fish and Game (CFG) Code (Section 3500) also prohibits the destruction of any nest, egg, or nestling.

Executive Order 13112 – Invasive Species
Executive Order 13112 requires federal agencies to combat the introduction or spread of invasive species in the United States. Invasive species are defined as “any species, including its seeds, eggs, spores, or other biological material capable of propagating that species, that is not native to that ecosystem whose introduction does or is likely to cause economic or environmental harm or harm to human health."
FHWA guidance issued August 10, 1999, directs the use of the invasive species list, maintained by the California Invasive Species Council, to define the invasive plants that must be considered as part of the National Environmental Policy Act analysis of a proposed project within California.

State
California Endangered Species Act
Pursuant to the California Endangered Species Act (CESA) and Section 2081 of the CFG Code, an Incidental Take Permit from the California Department of Fish and Wildlife (CDFW) is required for projects that could result in the “take” of a state listed threatened or endangered species. Under CESA, “take” is defined as an activity that would directly or indirectly kill an individual of a species proposed for listing (called “candidates” by the state). Section 2080 of the CFG Code prohibits the taking, possession, purchase, sale, and import or export of endangered, threatened, or candidate species, unless otherwise authorized by permit or in the regulations.

Local – Tree Removal
The City of Emeryville’s General Plan Conservation, Safety and Noise Element contains relevant local requirements, including CSN-P-19 and -20, that discuss landscaping and mature trees, native plant use in landscaping, and the stated goal to protect local and regional environmental quality (City of Emeryville 2019a).

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 32 Emeryville’s City Code 7.10.05 requires an encroachment permit to perform work on any street tree and contains procedures for the replacement of street trees that are removed (City of Emeryville 2024).

4.4.3 CEQA Checklist Summary
Would the project:

CEQA Question Impact Determination
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations, or by the California Department of Fish & Wildlife (CDFW) or U.S. Fish & Wildlife Service (USFWS)? Less Than Significant Impact
with Mitigation
Incorporated
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFW or USFWS?
No Impact
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Less Than Significant Impact
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less Than Significant Impact
with Mitigation
Incorporated
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less Than Significant Impact f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
No Impact

4.4.4 Answers to CEQA Checklist Questions
a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations, or by the California Department of Fish & Wildlife (CDFW) or U.S. Fish & Wildlife Service (USFWS)? Less Than Significant Impact with Mitigation Incorporated Information about the distribution of special status species with the potential to occur within the project area and a 1-mile radius was compiled from the California Natural Diversity Database (CDFW n.d.).

Based on the developed nature of the area and lack of native or riparian habitat, no federal or state listed endangered, threatened, rare, or otherwise sensitive flora or fauna are anticipated to be within the project area.

The project area and surrounding area are currently developed with commercial buildings, surface parking lots, roadways, and landscaping, including trees. However, the project area and adjacent lands contain trees which may provide habitat for migratory birds. Migratory birds are protected under the ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 33 MBTA, and birds of prey are also protected in California under provisions of the state Fish and Game Code, Section 3503.5. Both make it illegal to “take” protected species except under the terms of a permit. It is possible that nesting habitat could be disturbed during construction due to tree removal, noise, and vibrations from construction equipment. This would be a potentially significant impact on migratory birds and/or birds of prey.

Implementation of Mitigation Measure BIO-1 would reduce potentially significant impacts to migratory birds and/or birds of prey to less than significant.
• Mitigation Measure BIO-1: If any construction activities (e.g., demolition) are scheduled during the bird nesting season (typically defined by CDFW as February 1 to September 1), the City or approved construction contractor shall retain a qualified biologist to conduct a pre-construction survey of the project area, including a 100-foot buffer, as access is available, to locate active bird nests, identify measures to protect the nests, and locate any other special status species.

The pre-construction survey shall be conducted no more than 14 days prior to the implementation of construction activities (including staging and equipment storage). Any active nest should not be disturbed until the young have fledged or under the direction provided by a qualified biologist. Any special status species shall not be disturbed without the direction of a qualified biologist. If an active nest is found during construction, disturbance shall not occur without direction from a qualified biologist.

Implementation of Mitigation Measure BIO-1 would reduce potentially significant impacts to migratory birds and birds of prey to less than significant.
b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFW or USFWS?
No Impact
The site does not contain riparian habitat and is not located within a known regional wildlife movement corridor or other sensitive biological area identified by CDFW or USFWS. Therefore, the project would have no impact on these resources, and no mitigation is required. c) Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Less Than Significant Impact
The National Wetlands Inventory was reviewed to determine if wetlands or non-wetland waters have been previously documented and mapped in or near the project area (USFWS n.d.). One potential jurisdictional wetland was identified just south of the Ohlone Way and Shellmound Street intersection.

This wetland is fully culverted under the roadway and Interstate 80 before discharging into the San Francisco Bay. The construction and operation of the proposed project would not involve or require the direct removal, filling, hydrological interruption, or any other alteration of the bed, bank, channel, or ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 34 adjacent upland area of the wetland, therefore the project would have less than significant impact, and no mitigation is required.
d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less Than Significant Impact with Mitigation Incorporated There are no established migratory corridors associated with the project. Construction could temporarily interrupt movement of native resident or migratory wildlife species through the project area, but not significantly as it is already a roadway barrier.

As discussed above, the project area may contain migratory bird and bird of prey nesting habitat. With implementation of Mitigation Measure BIO-1, migratory species utilizing the project area for nesting would be protected against significant impacts.
e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less Than Significant Impact
The project proposes to cut, trim, or remove trees and shrubs within the project area. The 40th Street segment of the project would include removal and replacement of up to 52 street trees. Tree removal and planting depth is typically around 4 feet, adhering to the City's standard for creating a rootable area for new trees. Other landscaping elements would include shrubs, mulch, hydroseeding, and groundcover. The Shellmound Street segment would include the removal of 4 trees and the replacement of 6 trees. The project would comply with City Code 7.10.04, which requires the City to maintain and enhance street and park trees to improve the environment and provide habitat.

Additionally, the project would replace any tree removed at a 1:1 ratio, at minimum, and thus would be in compliance with City Code 7.10.05. Therefore, the proposed project would not conflict with local policies and ordinances protecting biological resources, and no mitigation is required. f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
No Impact
The project area is not located in an area with an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.

Therefore, the project would not conflict with such a plan, and no impact would occur, thus no mitigation is required.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 35 4.5 Cultural Resources
Section 4.5 addresses post contact and historic Cultural Resources. This IS separately addresses Tribal Cultural Resources in section 4.18 below.

4.5.1 Environmental Setting
The project area generally consists of redeposited fill and highly disturbed local soil. Historical uses of the project area included a public park, racetrack, and various industrial uses. The area of potential affect (APE) for cultural resources includes 84 acres in total and approximately 15 acres of direct impact, encompassing Shellmound Street and 40th Street ROW, where ground disturbance may occur as a result of project implementation. The area of direct impact (ADI) includes historic resources identified within the project area and within the vicinity of the project area including the Emeryville Historic Industrial District and the Bay Area Warehouse Company (Tremaine & Associates, Inc. 2025).

Site Investigation
An investigation was conducted to locate, describe, and evaluate cultural resources present within the APE. Much of the APE has experienced some level of previous disturbance, e.g., cut and fill activities and urban development (Tremaine & Associates, Inc. 2025).

A records search was conducted at the Northwest Information Center for resources within and in the vicinity around the APE. The search results indicated 6 distinct resources are located within the project area: the Emeryville Historic Industrial District, 3 shellmounds that are part of the Emeryville Shellmound Complex, the former location of the Bay Area Warehouse Company, and the northern portion of the Santa Fe Railyard. The Emeryville Shellmound Complex and Santa Fe Railyard were determined to be eligible for the National Register of Historic Places. In addition, a district record for the Emeryville Shellmound Complex and an updated site record for the Bay Area Warehouse Company were completed. The now demolished Bay Area Warehouse Company was located within the ADI at the southwest corner of 40th Street and Hollis Street. It was considered not eligible at that time for the National Historic Register. Based on previous archaeological studies of the project area, it is unlikely that intact archaeological resources lie beneath the previous footprint of the building.

The Pixar Historic Trash Deposit is located within the area of indirect impact (AII). The Pixar Historic Trash Deposit was recorded during the preparation for construction of a new building on the Pixar Animation Studios campus. The artifacts and archaeological features were consistent with the use of the area as Oakland Trotting Park, established in 1871 and demolished in 1915, and later use as an industrial park. The site contains historic refuse artifacts, a carbonized redwood-lined pit, historic brick foundation, and various concrete structures. Artifacts discovered at this site were found to be not eligible under CEQA.

The heavy urbanization of Emeryville has created a low probability of identifying archaeological sites by pedestrian reconnaissance alone. In general, subsurface tests conducted in proximity to the APE have found little evidence of intact resources within the APE, or resources with a specific association. The historic shoreline of the Bay extended further east than it does today, encompassing the area of present-day Shellmound Street. When the Emeryville Shellmound Complex was leveled in 1924, midden material was displaced westward as Bay fill and for construction of Shellmound Street. Subsequent ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 36 observations and studies indicate that any archaeological materials beneath the current street alignment are likely redeposited, not intact midden deposits. The extent of site boundaries, secondary deposits, or submerged cultural resources beneath the roadway and hazardous waste cap remains unknown.

Negative findings from late 20th-century testing west of Shellmound Street suggest no near-surface cultural deposits, though industrial fill and waste obscure subsurface conditions. Remediation work east of the railroad encountered sterile alluvium 6 to 10 feet below ground surface, which may also underlie Shellmound Street. While there is some potential for deeply buried precontact deposits, the likelihood of encountering intact archaeological resources during ground disturbance is considered low. Cultural resources that could be encountered below street alignments in the project area are unlikely to have specific associations or retain data potential (Tremaine & Associates, Inc. 2025).

4.5.2 Regulatory Setting
Federal
The National Historic Preservation Act (NHPA) of 1966 defined the role and responsibilities of the federal government in historic preservation and established the National Register of Historic Places. The NHPA directs agencies to identify and manage historic properties under their control, to undertake actions that would advance the Act’s provisions and avoid actions contrary to its purposes, to consult with others while carrying out historic preservation activities, and to consider the effects of their actions on historic properties.

State
California Register of Historical Resources
The California Register of Historical Resources (CRHR) is a guide to cultural resources that must be considered when a government agency undertakes a discretionary action subject to CEQA. The CRHR helps government agencies identify and evaluate California’s historical resources and indicates which properties are to be protected, to the extent prudent and feasible, from substantial adverse change (PRC § 5024.1(a)). Any resource listed in, or eligible for listing in, the CRHR must be considered during the CEQA process.

Caltrans
Projects on the Caltrans State Highway System (SHS) must comply with federal and state environmental laws and regulations designed to protect cultural resources significant in American archaeology, architecture, history, culture, and engineering. Caltrans has developed guidance to comply with federal and state laws and regulations regarding cultural resources. The Caltrans SER contains provisions for the discovery of previously unidentified cultural resources. Chapter 2 of the SER, Section 2.4.4 “Post-Review Discoveries,” offers guidance to assist Caltrans personnel in planning for the possibility of unexpected discovery of cultural resources and of unexpected effects on known historic properties (revised 2015).

Chapter 3 of the SER outlines procedures that shall be followed if human remains are discovered during any Caltrans activity, in accordance with Section 7050.5 of the California Health and Safety Code.

Chapter 5 outlines procedures that shall be followed if previously unidentified archaeological resources ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 37 are encountered during construction. To meet legal requirements for cultural resources management, Caltrans personnel must follow the guidelines outlined in Volume 2 of the SER (Caltrans 2024a).

Local
City of Emeryville General Plan – Conservation Safety and Noise Element The Conservation Safety and Noise Element provides guidance and policies related to historic and cultural resources, which as lead agency, would be relevant to the entire project area:
• CSN-P-29 New development adjacent to historic and architecturally significant structures shall be reviewed for compatibility with the character of the structure and the surrounding neighborhood.
• CSN-P-30 Archaeological sites and resources shall be protected from damage. Areas found to contain significant indigenous artifacts shall be examined by a qualified archaeologist for recommendations concerning protection and preservation.

4.5.3 CEQA Checklist Summary
Would the project:

CEQA Question Impact Determination
a) Cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines § 15064.5? Less Than Significant Impact b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines § 15064.5? Less Than Significant Impact c) Disturb any human remains, including those interred outside of dedicated cemeteries? Less Than Significant Impact

4.5.4 Answers to CEQA Checklist Questions
a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines § 15064.5?
Less Than Significant Impact
The APE includes previously recorded historic resources. The Bay Area Warehouse Company was demolished between 1990 and 1993 and was not considered eligible for the National Register of Historic Places. Previous archaeological studies indicate it is unlikely that intact archaeological resources remain beneath the building’s former footprint. The Pixar Historic Trash Deposit, which includes historic refuse artifacts and structural remains associated with the Oakland Trotting Park and later industrial uses, was previously determined not eligible under CEQA. The 40th Street alignment overlays the Santa Fe Railyard; however, remediation soil removal and backfill with imported fill occurred in the 1990s, along with a 2.5-foot-deep hazardous materials cap. Although isolated deeper excavations will locally breach this cap and extend into native soils along 40th Street, their limited size and distribution will not ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 38 diminish the characteristics that make the northern spur of the Santa Fe Railyard eligible for the National Register of Historic Places (Tremaine & Associates, Inc. 2025).

Additional records review indicated that 1 historic district and 1 historic site overlap with the ADI. The Emeryville Historic Industrial District is located within the ADI, but project activities are limited to roadway improvements and will not affect contributing elements of the district. The Bay Area Warehouse Company site was determined not eligible for the National Register and has since been demolished. Subsurface investigations in the vicinity have not identified intact deposits associated with this resource, and the potential for historic materials to be encountered during construction is low.

Results from the record search also indicated 1 historic site and 1 prehistoric site previously recorded within 0.25 miles of the APE, both of which are outside the APE and will not be affected by the project.

The proposed improvements will be confined to an existing roadway and will primarily involve shallow excavation, with deeper excavation limited to small, localized areas such as streetlight and traffic signal foundations. Vertical features are consistent with the existing transit corridor, and would have no visual effect on listed resources, and construction would not extend outside the APE.

Therefore, the proposed project would not cause an adverse change in the significance of a historical resource, and no mitigation is required.
b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines § 15064.5? Less Than Significant Impact
Historic archaeological resources previously documented within the APE include the Bay Area Warehouse Company site and the Pixar Historic Trash Deposit. The Bay Area Warehouse Company was not considered eligible for the National Register of Historic Places and archaeological studies indicate it is unlikely that intact deposits are present beneath the former footprint of the structure. The Pixar Historic Trash Deposit, consisting of historic refuse, a carbonized redwood-lined pit, brick foundations, and concrete structures, was associated with the Oakland Trotting Park and subsequent industrial use.

This resource was evaluated and determined not eligible under CEQA. As discussed above in 4.5.4(a), the scope of the proposed project would not diminish the historically important characteristics of the Santa Fe Railyard. Based on these previous evaluations, in combination with the extensive disturbance from industrial activities and fill deposition within the APE, it is unlikely that intact, significant historicperiod archaeological resources are present.

In addition, a Post-Review Discovery and Monitoring Plan (PDRMP) was prepared to implement Caltrans’ nonstandard conditions (referred to as avoidance measures in this document) outlined within the Section 106 Finding of No Adverse Effect (FNAE). The plan establishes Archaeological Monitoring Areas within the ADI, the scope of monitoring and archaeological and Tribal monitoring protocols, inadvertent discovery procedures, roles and responsibilities, notification protocols, stop-work procedures, and reporting requirements to be implemented during construction. Monitoring is a precautionary measure due to the potential for redeposited or disturbed archaeological materials, including human remains, to be encountered beneath fill and remediated soils along Shellmound and 40th streets. It does not include data recovery or treatment procedures as no testing, data recovery, collection, analysis, or curation ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 39 activities are authorized by this plan. Monitoring will therefore focus on detecting redeposited materials and ensuring appropriate notification and coordination if inadvertent discoveries occur.

Additional nonstandard conditions established for the project include compilation of legacy data from prior archaeological investigations of the Emeryville Shellmound Complex, revisions to the Shellmound Complex’s archaeological district form or preparation of a Tribal Cultural Landscape, and public interpretation. These will be implemented by the City in coordination with Caltrans, consulting Tribes, and subject matter experts.

The cultural analysis determined that the proposed project would not cause a substantial adverse change in the significance of an archaeological resource, and no mitigation is required. The nonstandard conditions outlined in the Caltrans FNAE are a condition of the project that minimize or avoid the potential loss of inadvertent discovery of redeposited materials. c) Would the project disturb any human remains, including those interred outside of dedicated cemeteries?
Less Than Significant Impact
The APE is located within an area historically inhabited by the Ohlone people and associated with the Emeryville Shellmound Complex, which was used for burial and ceremonial purposes. However, archaeological investigations have shown that the shellmound was substantially leveled in 1924, and displaced midden material was used as fill. Subsurface testing has not identified intact deposits within or adjacent to Shellmound Street, and remediation work in nearby areas has encountered sterile alluvium at depths of 6 – 10 feet.

Although the potential is considered low, there remains a possibility that deeply buried deposits are present within the APE. Project construction includes some localized deeper excavations where previously unidentified deeply buried resources could theoretically be present. If human remains are unexpectedly encountered during ground disturbance, compliance with California Health and Safety Code § 7050.5 and § 7052, PRC § 5097 and CEQA Guidelines § 15064.5(e) would be required. This includes coordination with the County Coroner and the NAHC. State law ensures proper treatment of unanticipated discovery of human remains during construction; therefore, the impact is less than significant, and no mitigation is required.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 40 4.6 Energy

4.6.1 Environmental Setting
Since the project area is highly urbanized, energy sources in the project area serve urban uses and include electricity, natural gas, gasoline and diesel fuel, and renewable energies commonly associated with commercial and residential development.

4.6.2 CEQA Checklist Summary
Would the project:

CEQA Question Impact Determination
a) Result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
Less Than Significant Impact
b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less Than Significant Impact

4.6.3 Answers to CEQA Checklist Questions
a) Would the project result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
Less Than Significant Impact
The project would not result in a significant increase in energy demand. It involves replacing and installing new street and pedestrian signal lighting. The new energy use would be minor and would include energy efficient lighting consistent with current City code.

Energy would be required during construction, but no additional capacity would be required on a local or regional scale. BAAQMD construction BMPs would reduce use of fossil fuels and increase energy efficiency of construction vehicles. Because increased energy use during construction would be temporary and would comply with BAAQMD efficiency requirements, the project would not result in wasteful, inefficient, or unnecessary consumption of energy resources. The impact would be less than significant, and no mitigation is required.
b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
Less Than Significant Impact
The project would construct new street lighting up to code and consistent with the goals and policies of the City’s Climate Action Plan (City of Emeryville 2016). Energy efficient lighting upgrades would offset minor new energy use, as discussed above. Implementing BMPs to reduce fossil fuel use by construction vehicles would also be consistent with these goals and policies, and no mitigation is required.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 41 4.7 Geology and Soils

4.7.1 Environmental Setting
The project area lies near the edge of the San Francisco Bay. It is a flat, asphalt-paved area with elevation ranging from 10 – 33 feet above mean sea level. Elevation increases from the western end of the site to the eastern end of the site.

Regional Geologic Setting
Emeryville is situated within the Coast Ranges geomorphic province of California, which extends approximately 400 miles from the Klamath Mountains to the Santa Ynez River. This province lies between the Pacific Ocean and the Great Valley (Sacramento and San Joaquin valleys) provinces and is characterized by a series of northwest-trending mountain ridges and valleys, running generally parallel to the San Andreas Fault zone (City of Emeryville 2019a).

Emeryville lies at the eastern edge of San Francisco Bay as part of the flatlands known as the East Bay Plain, consisting of alluvial deposits from the Berkeley Hills. The western side of the City contains former tidal sloughs and marshlands that were progressively filled in since the 1900s. The City's surface soils predominantly consist of fine-grained alluvium, including silts and clays, underlain by bay mud in the western portion (City of Emeryville 2019a).

The San Francisco Bay is located in a broad depression in the Franciscan bedrock, resulting from an eastwest expansion between the San Andreas and Hayward fault systems. The bedrock surface can be found at elevations of 200 to 2,000 feet below mean sea level across the Bay Area. Sedimentary deposits overlying the Franciscan bedrock originated from millions of years of erosion, deposition, and changes in sea level (City of Emeryville 2019a).

Seismicity and Faulting
Faults that have moved during the past 11,000 years are considered active. Generally, only active faults are considered in evaluating seismic risk for building construction. The project area is within a seismically active region, and historically numerous moderate to strong earthquakes related to the San Andreas system of faults have occurred in this region. The nearest active fault is the active Hayward fault, a designated Alquist-Priolo fault located approximately 3.4 miles to the east of the project area.

Other major faults that could cause significant shaking in the project area are the Chabot and Wildcat faults.

Liquefaction
Liquefaction can occur when wet or saturated cohesionless soils temporarily lose strength due to the buildup of excess water pressure during events such as earthquakes. Soil most susceptible to liquefaction is loose, clean, saturated, uniformly graded sand. According to the Liquefaction Hazard Map from the Association of Bay Area Governments, the project area is generally classified as having a moderate to very high susceptibility to liquefaction (Figure 4).

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 42 Figure 4. Liquification Susceptibility Map
Groundwater
The project area is located in the East Bay Plain Groundwater Basin which extends from Richmond in the northwest to Hayward in the southeast. The water table in the City of Emeryville occurs only a few feet below the surface (City of Emeryville 2019a).

Soils
The City of Emeryville General Plan describes 2 surface soil types which underly the project area, fill and fine-grained alluvium, including silts and clays, where artificial fill is not present. In the western portion of the City, fill is underlain by bay mud, which consists of soft saturated clay and is subject to differential settlement and subsidence (City of Emeryville 2019a).

There are 2 Natural Resource Conservation Service’s Soil Survey soils mapped in the project area (Natural Resources Conservation Service, United States Department of Agriculture n.d.). These are classified as Urban Land-Clear Lake complex, slope 0 to 2 percent, and Urban Land. Urban Land-Clear Lake complex is described as having poor drainage with medium water runoff. 7/30/2025, 8 34 :32 AM
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Initial Study/Mitigated Negative Declaration November 2025 43 4.7.2 CEQA Checklist Summary
Would the project:

CEQA Question Impact Determination
a) Could the project directly or indirectly cause potential substantial adverse effects, including risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent AlquistPriolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

No Impact
ii. Strong seismic ground shaking? Less Than Significant Impact iii. Seismic-related ground failure, including liquefaction? Less Than Significant Impact iv. Landslides? No Impact
b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? No Impact e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
No Impact
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No Impact

4.7.3 Answers to CEQA Checklist Questions
a) Would the project directly or indirectly cause potential substantial adverse effects, including risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

No Impact
The project area is not within an Alquist-Priolo Earthquake Fault Zone that designates a known active fault (fault that is defined to be active if it has ruptured or shows evidence of displacement in the ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 44 Holocene or the last 11,000 years) that is susceptible to fault rupture as defined by the California Geologic Survey (formerly the California Division of Mines and Geology). Although the area is seismically active, there is no evidence of faults in or within 3 miles of the project area that could be subject to rupture. Therefore, the project would not cause substantial adverse effects in the event of a rupture of a known earthquake fault.
ii. Strong seismic ground shaking?
Less Than Significant Impact
The primary geologic hazard at the project area is the potential for moderate to strong ground shaking associated with nearby faults such as the Hayward fault 3.4 miles from the project area. The characteristics of earthquake ground motion at the project area would depend upon the magnitude of the earthquake, distance from the zone of energy release, travel path, topographic effects, subsurface materials, and rupture/source mechanism.

The proposed construction would be designed to accommodate anticipated ground motions in accordance with seismic design criteria for the Bay Area; therefore, the impact would be less than significant.
iii. Seismic-related ground failure, including liquefaction? Less Than Significant Impact
Liquefaction can occur when wet or saturated cohesionless soils temporarily lose strength due to the buildup of excess water pressure during events such as earthquakes. Soil most susceptible to liquefaction is loose, clean, saturated, uniformly graded sand. The project area overall is identified as having a high susceptibility for liquification (Figure 4), however, the proposed construction would be designed to avoid liquefaction settlement in accordance with roadway design criteria; therefore, the impact would be less than significant
iv. Landslides?
No Impact
The proposed project lies on the edge of the San Francisco Bay on relatively flat terrain throughout the area, with elevation between 10 – 33 feet above mean sea level. There are no steep slopes within the project area that could result in landslides. Construction of the project would therefore have no impact related to landslides in the vicinity of the project.
b) Would the project result in substantial soil erosion or the loss of topsoil? Less than Significant Impact
The project area is completely covered in impervious surfaces; therefore, topsoil is limited to minor areas of landscaping. The project would include some trenching though existing pavement for drainage improvements, signal placement, and relocation of medians that could expose some soil.

Implementation of erosion and sediment BMPs as outlined in Section 3.6 would prevent significant soil loss or erosion during construction activities.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 45 c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact
As discussed in the Environmental Setting, the project area contains soil mostly classified as urban and artificial fill. The project is proposing to improve roadways within the project area by improving pavement conditions and drainage on 40th Street and Shellmound Street. The improvements will be constructed to current standards appropriate for the soil conditions. Therefore, the project would have a less than significant impact on lateral spreading, subsidence, and liquification. d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? No Impact
The proposed project would construct pedestrian, transportation, and drainage improvements in an existing roadway. No buildings would be constructed, therefore, no substantial direct or indirect risk to property of life is anticipated as a result of the project. e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
No Impact
The project does not propose the use of septic tanks and would not require use of alternative wastewater disposal services; therefore, there would be no impact from these systems. f) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
No Impact
The project area is roadway ROW and generally consists of imported fill, local fill, and highly disturbed local soil. No unique paleontological resource or site or unique geologic features are present within the project area, and no construction is planned within a geological formation. Therefore, there would be no impact on paleontological resources or unique geologic features.

4.8.1 Environmental Setting
GHGs are atmospheric gases that absorb solar radiation and subsequently emit radiation in the thermal infrared region of the energy spectrum, trapping heat in the Earth’s atmosphere. GHGs of concern include carbon dioxide, methane, nitrous oxide, and fluorinated gases. Unlike emissions of criteria and toxic air pollutants, which have local or regional impacts, emissions of greenhouse gases have a broader, global impact.

The primary sources of GHGs in the City of Emeryville include transportation (50.1%), commercial/industrial (40.3%), residential (6.0%), and waste (3.6%) (City of Emeryville 2016).

4.8.2 Regulatory Setting
State
The State of California has taken several legislative steps including Assembly Bills (AB) and Executive Orders to reduce increases in GHG emissions. CARB is the lead agency in the development of reduction strategies for greenhouse gases in California (CARB 2017). California's GHG reduction requirements aim to reduce VMT, thereby improving air quality by reducing GHG emissions from automobiles.

Local
City of Emeryville Climate Action Plan
The City of Emeryville in 2016 became the first city in the San Francisco Bay Area to update their Climate Action Plan to align their GHG targets with California state climate targets. The Climate Action Plan (CAP)

2.0 contains GHG targets, updated GHG community and municipal inventories, a business-as-usual GHG forecast, deep decarbonization vision for 2050, adaptation and mitigation action plans, and a monitoring plan (City of Emeryville 2016). Transportation was identified as the single largest contributor to Emeryville’s community GHG emissions, particularly considering the state highways running through the City. The City’s focus is on reducing transportation-related emissions by improving low-carbon transportation infrastructure, such as bicycles and buses, and coordinating land use policies to promote a denser, more walkable community with jobs and housing located close to other necessities. The relevant objectives for the Transportation section of the Mitigation Action Plan for 2030 included in CAP

2.0 are outlined below:

1. Create vibrant neighborhoods where residents can easily walk to their basic daily needs.

2. Reduce the total VMT on local roads by 30%.

3. Reduce the carbon intensity of vehicles through cleaner fuels and electrification by 30%.

BAAQMD
In April 2022, BAAQMD adopted CEQA Thresholds for Evaluating the Significance of Climate Impacts From Land Use Projects and Plans (BAAQMD 2022) which governs operational emissions. The BAAQMD does not have an adopted Threshold of Significance for construction-related GHG emissions. Because the proposed project is a road infrastructure project, and not a land use or planning project, the ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 47 BAAMQD CEQA guidelines would not apply. However, the proposed project would improve safety and effectiveness of alternative transportation through 40th Street/Shellmound Street, which is consistent with GHG targets in the region and within the State’s climate targets.

4.8.3 CEQA Checklist Summary
Would the project:

CEQA Question Impact Determination
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less Than Significant Impact b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? No Impact

4.8.4 Answers to CEQA Checklist Questions
a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Less Than Significant Impact
The project would result in short-term, temporary increases in GHG emissions during construction due to equipment and vehicle use. For a construction period of 32 months, heavy equipment such as excavators, haul trucks, and worker commutes would generate exhaust. Emissions from construction equipment powered by gasoline and diesel engines would include carbon monoxide, NOx, VOC, directly emitted PM10 and PM2.5, and toxic air contaminants, such as diesel exhaust particulate matter.

Because the project does not propose a new, long-term operational source of GHGs, project effects would be considered less than cumulatively significant. In addition, BMPs effective in minimizing GHG emissions would be required by the BAAQMD and the City and implemented.

As discussed in Section 4.3, Air Quality, the project falls below the BAAQMD operational and construction screening levels. The proposed project would improve transit, pedestrian and bicycle access throughout the 40th Street/Shellmound Street corridor. This would in turn could modestly reduce fuel consumption and GHG emissions relative to the no-project alternative, which is consistent with the City’s goals of reducing VMT. Therefore, the project would not result in long-term GHG emissions or overall increases in GHGs from operational or construction source, and no mitigation is required.
b) Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
No Impact
Given that construction-related increases in emissions would be short-term, the GHG emissions generated during construction would not be considered significant and would not limit the state’s ability to attain the reduction targets identified in AB 32, the Scoping Plan, or SB 32. Additionally, ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 48 implementation of the project would not conflict with, and would be in furtherance of, the GHG policies within the City of Emeryville’s Climate Action Plan 2.0 (City of Emeryville 2016). Therefore, the proposed project does not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing emission of GHGs, and no mitigation is required.

4.9.1 Environmental Setting
The proposed project is in a highly urbanized area with a history of commercial and industrial uses (City of Emeryville 2019c). In the past, industrial uses within and around the project area have included fueling stations, automotive repair facilities, steel storage and manufacturing facilities, and paint, pigment, and pesticide manufacturing facilities. As a result, some areas slated for improvements during the Shellmound Street segment of the project have soil and groundwater impacted by regulated hazardous chemicals and are currently protected by an underground engineered cap covering these impacted soils. Lighting pole foundations and signal modifications may exceed the depth of existing infrastructure and reach or penetrate the cap. Caltrans requested that NCE identify hazards that may impact worker and future user safety. NCE prepared a Hazards Memorandum describing deed-restricted properties that may impact the project (NCE 2025; Appendix E). Specifically, impacted soils associated with the following properties may be encountered during project construction:
• 4650, 5500, 5600 Shellmound Street (South Bayfront Shellmound Deed Restriction) – Formerly used for paint and pesticide manufacturing and vehicle maintenance. Contamination included heavy metals and solvents (arsenic, lead, chromium VI, TCE, copper). A cleanup occurred in 1999. The site remains under a Risk Management Plan requiring engineered caps, soil cover, and groundwater monitoring. Residual contamination remains and could be encountered during deep excavation.
• 4650 Shellmound Street (Pfizer/Elementis Pigments) – Historically used for pigment production, with contamination from leaking underground storage tanks (USTs) that released petroleum hydrocarbons, VOCs, and metals (arsenic, lead, zinc). Between 1987 and 1999, 14 USTs were removed, along with contaminated soil and groundwater. The case was closed in 2000, but the California Department of Toxic Substances Control (DTSC) retains oversight due to residual solvent contamination. Impacted groundwater and soils may still be present. • 5555 Shellmound Street (Shellmound Venture Deed Restriction, former Judson Steel site) – Historically used for steel slag storage and disposal. Soil investigations found metals contamination including arsenic, lead, chromium, cadmium, and PCBs. A 1998 Land Use Covenant restricts use to commercial and industrial activities and prohibits residential, school, and health care uses. Soil disturbance is prohibited without an approved Soil Management Plan.

Lead and chromium remain present in soils.
• 4300 Eastshore Highway (Shellmound Street Deed Restriction) – Former steel manufacturing area. Excavations in the mid-1990s revealed soils contaminated with heavy metals (arsenic, lead, zinc). The site is capped with roadway pavement and subject to a DTSC deed restriction. Soil disturbance requires DTSC approval. Contaminated soils remain under the cap. • 5500 Eastshore Highway (Powell Street Plaza) – Formerly developed with USTs and subject to petroleum contamination, including a gas spill in the 1970s. Remediation involved tank removal and soil excavation. Regulatory case closure occurred in 2001, but some contaminated soils may remain beneath the shopping center development.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 50 Historical depth to groundwater in the vicinity of the project is approximately 6 to 8 feet below ground surface, and groundwater flow is generally to the west. Project-specific Soil Management Plans (and Groundwater Management Plans) are required for work that involves breaching the cap and subsurface work that could potentially encounter the cap and/or contaminated soils and groundwater.

4.9.2 CEQA Checklist Summary
Would the project:

CEQA Question Impact Determination
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less Than Significant Impact b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Less Than Significant Impact
with Mitigation
Incorporated
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less Than Significant Impact
with Mitigation
Incorporated
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code § 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
Less Than Significant Impact
with Mitigation
Incorporated
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
No Impact
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less Than Significant Impact g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? No Impact

4.9.3 Answers to CEQA Checklist Questions
a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less Than Significant Impact
The project’s use of hazardous materials is limited to fuels, imported materials, and other maintenance related chemicals to run equipment machinery during construction; there are no long-term operational activities related to the project. New concrete and asphalt materials would be used to construct the new bike path, resurface the existing roadways, and construct curb, gutter, and sidewalk improvements. Soils ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 51 excavated from beneath the cap must be characterized and disposed of in accordance with the regulatory agreements governing its location.

The project would also involve minor demolition. Demolition materials would be disposed of as construction waste. Demolition of such materials and appropriate disposal are highly regulated by the state and federal government, and routine transport to an appropriate landfill would pose no significant hazard to the public.

Transport and use of hazardous materials are anticipated to be minimal. The use and storage of fuels and other vehicle-related chemicals as well as construction materials would be managed according to the on-site SWPPP. For example, the SWPPP requires that equipment fueling and maintenance, if performed at the job site, be performed in a designated area utilizing secondary containment with a spill kit nearby. Rinsing of concrete tools and chutes would also be performed according to the SWPPP, including utilizing concrete washouts and/or requiring that wastewater be kept within the concrete truck and hauled off-site for recycling. Therefore, the project would have a less than significant impact on hazards to the public or the environment through the routine transport, use, or disposal of hazardous materials, and no mitigation is required.
b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Less Than Significant Impact with Mitigation Incorporated Construction of the proposed new lighting pole foundations and signal modifications would include excavation to depths penetrating the engineered soil cap. Since excavations are likely to reach groundwater, impacts to groundwater in the vicinity could affect project construction or worker safety.

The properties beneath the cap have been identified as containing soils contaminated with arsenic, lead, chromium, cadmium, and polychlorinated biphenyls (PCBs). Penetration of the cap could expose and disturb soil contaminated with regulated hazardous materials, which could be a potentially significant impact for construction workers and nearby sensitive receptors if improperly handled. Project-specific Soil Management Plans are required for work at the site that would involve breaching the cap and subsurface work that could encounter the cap and/or contaminated soils and groundwater. The capped areas within the project area are identified on Figure 4.

Implementation of Mitigation Measure HAZ-1 would reduce potentially significant impacts to less than significant.
• Mitigation Measure HAZ-1: The contractor shall prepare a project-specific Soil Management Plan that incorporates the following:
o The contractor is responsible for off-site disposal of soils. Soils shall require profiling and waste characterization within 6 months of removal and stockpiling for disposal facility acceptance. All soil spills shall be disposed of by the contractor and transported by a licensed waste hauler to an appropriately licensed waste disposal facility. o Soil stockpiles shall be controlled, covered, and demarcated by the contractor when not in active use.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 52 Figure 5. Deed Restriction Map
@ Ped Barricade
Shellmound Venture Deed Restriction 0 Traffic Signal
Stormdrain
◊ Traffic Sign
@ Light Standard SOURCE
Bing Aerial Basemap
A l in. = 550 ft. 275 550 Deed Restri ction Map
Emeryvi l l e , CA --==---ft.

JOB NUMBER DRAWN DATE
803. 11.55 kouthwaite/ K. Robinson 10/ 18/2024

REVISED
10/ 16/ 2025
FIGURE
5 APPROVED
ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 53 o Worker protection and training shall be required by the City of the contractor in advance of and during construction to mitigate potential health concerns related to exposure of metals and petroleum hydrocarbons.
o The contractor shall prepare a Soil Management Plan that addresses the above mitigation requirements. The Soil Management Plan shall generally address soil and groundwater excavation, disposal, stockpiling, and transportation. The Soil Management Plan shall explicitly address handling and disposal of soil, on-site soil management, offsite soil disposal, profiling of soil, transportation routes, and dust mitigation controls.

Implementation of Mitigation Measure HAZ-1 would ensure that hazardous waste exposed during construction is appropriately handled, characterized, and disposed of, which would protect construction workers, the public, and the environment from reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment and reduce impacts to less than significant.
c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less Than Significant Impact with Mitigation Incorporated There are multiple schools within a quarter mile of the project area. The nearest school is East Bay German International School, located approximately 380 feet north of the project area.

As discussed above, hazardous materials use as part of the proposed project is anticipated to be limited.

The potential for the release of hazardous materials during construction would be mitigated through implementation of Mitigation Measure HAZ-1. Construction-related vehicles would produce routine emissions that would be temporary and less than significant. For a discussion on air quality emissions on sensitive receptors, see Section 4.3 Air Quality.
d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code § 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
Less Than Significant Impact with Mitigation Incorporated This checklist question refers specifically to the Department of Toxic Substance Control “Cortese List” which is no longer being issued. There are 2 identified properties listed on the CalEPA Hazardous Waste and Substances Site List (Cortese) (DTSC n.d.): IKEA (former Barbary Coast) located at 4300 East Shore Highway and Myers Drum – Emeryville located at 5600 Shellmound Street.

The IKEA site, (Shellmound Street Deed Restriction), was a former steel manufacturing area with soils contaminated with heavy metals. Myers Drum – Emeryville (part of the South Bayfront Shellmound Deed Restriction) contains soils contaminated with heavy metals and solvents. All areas excavated below the soil cap during project implementation would be paved over with new asphalt or concrete or otherwise sealed after installation of lighting poles, as required by the conditions for the cap.

Implementation of Mitigation Measure HAZ-1 would protect the public, construction workers, and the ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 54 environment from unintended releases during construction. Therefore, the impact of listed hazardous materials sites would be less than significant after mitigation. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? No Impact
The project is not located within an airport land use plan area and there are no airports within 2 miles of the project area. The nearest airport is Oakland International airport located approximately 7.15 miles south of the project area. Therefore, the project would not expose people residing or working in the project area to safety hazards or noise, and no mitigation is required. f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less Than Significant Impact
Once constructed, the project may improve local emergency response or evacuation plans by reducing congestion along the 40th Street/Shellmound Street corridor. Project construction would occur within public road rights-of way along 40th Street and Shellmound Street, and the intersections of those streets with Halleck, Hubbard, Horton, Hollis, Haven, Harlan, Watts and Adeline streets, and San Pablo Avenue, Christie Avenue, and Ohlone Way. Emergency response vehicles use both 40th Street and Shellmound Street, as well as the streets that share intersections with the 2 streets. During the construction phase of the project, 40th Street, Shellmound Street, and connecting streets mentioned previously could be partially blocked by construction activities, equipment, and crews but would remain open to all emergency vehicles and for evacuation traffic. The project would implement temporary traffic control measures in accordance with the Manual for Uniform Traffic Control Devices, Chapter 6, where necessary during all construction activities (see Section 4.17, Transportation), and no mitigation is required.
g) Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? No Impact
The project would create transit improvements in an existing urbanized area. Therefore, the project would not expose people or structures to any significant risk associated with wildland fires, and no mitigation is required.

4.10.1 Environmental Setting
Watershed and Water Quality
The project area is in the Central Basin of the San Francisco Bay Basin (SWRCB 2024). The Central Basin is included on the 2024 Clean Water Act (CWA) Section 303(d) list of impaired water bodies for chlordane, DDT, dieldrin, dioxins, furans, invasive species, mercury, polycyclic aromatic hydrocarbons, PCBs, and selenium. Total Maximum Daily Load (TMDL) requirements are in effect for mercury and PCBs, including requirements in the City’s municipal stormwater permit (San Francisco Bay Municipal Regional Permit Provisions C.11 [Mercury Controls] and C.12 [PCB Controls]).

Existing Stormwater Drainage Pattern
Stormwater runoff from the 40th Street corridor discharges into San Francisco Bay via traditional gray infrastructure with little or no water treatment, via minimal drainage infrastructure consisting of storm drain inlets, storm drainpipes, manholes, and culverts. The street consists of impermeable pavement that increases runoff and concentrates pollutants.

Flood, Tsunami, Seiche Hazards
The project area is delineated on Federal Emergency Management Agency (FEMA) map panel 06001C0058H, effective December 21, 2018. The majority of the project area lies within a Zone X area of minimal flood hazard, while a small portion lies within Zone X with a 0.2% annual flood chance hazard.

According to the latest Tsunami Hazard Area Maps from the California Geological Survey, tsunami inundation areas in Emeryville extend beyond the railroad to east of Horton Street (California Department of Conservation 2021a). Tsunamis generally impact the Pacific Coast of California, and reports of tsunamis entering the San Francisco Bay are rare. The most recent tsunami to impact the Bay Area was associated with the March 2011 earthquake off the coast of Japan. The tsunami surge caused significant damage to docks and boats in the region (California Department of Conservation 2021b).

Given the known history of tsunamis within the San Francisco Bay, a tsunami is possible, but the severity of the impacts on the City of Emeryville is not known.

Tsunamis, or seiches as they are called when they occur within an enclosed body of water, can also be generated within the Bay by the Hayward fault, which passes under San Pablo Bay. The Great 1868 Earthquake on the Hayward fault is reported to have created a seiche within the Bay. It is unknown whether the seiche impacted Emeryville.

4.10.2 Regulatory Setting
Federal
Clean Water Act and NPDES Permit
The CWA, passed in 1972, regulates and protects surface water quality across the United States. Section 402 of the CWA requires National Pollution Discharge Elimination System (NPDES) permits for ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 56 stormwater discharges from municipal storm drain systems. The SWRCB issues the municipal stormwater NPDES permits to address stormwater impairments and recommend actions. Stormwater discharges into the City’s municipal stormwater drainage system are regulated by the SWRCB under the Municipal Regional Stormwater NPDES Permit, Order No. R2-2015-0049.

Section 303(d) of the CWA authorizes the EPA to assist jurisdictions in listing impaired waters and developing TMDLs for these waterbodies. A TMDL establishes the maximum levels of each pollutant allowed in a waterbody and serves as the starting point or planning tool for restoring water quality. In California, the state and regional water boards assess water quality monitoring data for the state’s surface waters every 2 years to determine if they contain pollutants at levels that exceed protective water quality standards. Water bodies and pollutants that exceed these standards are placed on the state’s 303(d) List. The determination is governed by the Water Quality Control Policy for developing California’s Clean Water Act Section 303(d) List. Currently, the 2018 303(d) list is in effect.

State
Statewide Construction General Permit
Because the proposed project would disturb more than 1 acre, it is subject to the statewide Construction General Permit Order 2009-0009-DWQ, which regulates stormwater leaving construction sites. Under this order, site owners must notify the state and implement a SWPPP prepared by a Qualified SWPPP Developer. The SWPPP must outline measures that would protect hydrology and water quality resources, including groundwater, from negative impacts during construction through implementation of BMPs and monitoring the effectiveness of BMPs. This permit is administered by the SWRCB and overseen by the RWQCB.

Local
Appendix C of the 2019 City of Emeryville Green Infrastructure Plan outlines the City’s general guidelines for green infrastructure projects. According to the plan, streets must continue to fulfill the following functions when implementing a green infrastructure project (City of Emeryville 2019b):
• Street use for stormwater management, including treatment. • Safe pedestrian travel.
• Use as a public space for bicycle, transit, and vehicle movement/parking. • Use as locations for urban forestry.

CEQA Question Impact Determination
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? Less Than Significant Impact b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
Less Than Significant Impact
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. result in substantial erosion or siltation on or off-site; Less Than Significant Impact
ii. substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off-site; Less Than Significant Impact iii. create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or
Less Than Significant Impact
iv. impede or redirect flood flows? Less Than Significant Impact d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Less Than Significant Impact
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Less Than Significant Impact

4.10.4 Answers to CEQA Checklist Questions
a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? Less Than Significant Impact
The proposed project would construct green infrastructure to help collect, infiltrate, and treat stormwater runoff from the adjacent impervious surfaces, including streets and sidewalks in the 40th Street segment of the project. Improvements would include storm drain inlets and pipe connections to manage runoff, bioretention facilities, permeable pavements for infiltration in limited sidewalk areas, new drain inlets along the curb line by the bus lane on 40th Street, and new storm drain pipe.

During the construction phase, the project would be subject to the requirements of the Construction General Permit, which requires implementation of a SWPPP, and various monitoring and reporting activities, depending on the project’s risk level.

Because the project would not adversely affect water quality during the construction phase and would improve water quality through the incorporation of engineered stormwater treatment systems, impacts would be less than significant, and no mitigation is required.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 58 b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
Less than Significant Impact
The project does not propose any groundwater withdrawals and would have no adverse impact on groundwater recharge. The project design maintains on-site infiltration of stormwater by incorporating green infrastructure, which in turn would facilitate groundwater recharge. Therefore, the proposed project would not have a significant effect on groundwater recharge or management of the groundwater basin, and no mitigation is required.
c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) Result in substantial erosion or siltation on or off-site? Less Than Significant Impact
The proposed project would not significantly alter existing drainage patterns and would not increase impervious areas within the ROW. The project would implement construction BMPs as specified in Section 3.6.4 and the Construction General Permit and would not result in substantial erosion or siltation. The drainage improvements would not cause substantial erosion or siltation, and no mitigation is required.
ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off-site?
Less Than Significant Impact
The project would not substantially increase the rate or amount of surface runoff. Green infrastructure design elements as discussed in Section 4.10.4(a) will provide water quality treatment and reduce the amount of pollutants in runoff compared to the existing condition. Therefore, impacts would be less than significant, and no mitigation is required.
iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?
Less Than Significant Impact
The project would not create or contribute runoff water that would exceed storm drain capacity or increase polluted runoff. Project plans provide additional on-site spaces for bioretention facilities and other green infrastructure design elements that would increase capacity for infiltration of polluted runoff. Therefore, the project could reduce the potential for pollutants to travel to the storm drain system or receiving waters. During construction, a site-specific SWPPP would ensure that all runoff would be treated prior to conveyance into the storm drain system, and no mitigation is required.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 59 iv) Impede or redirect flood flows?
Less than Significant Impact
The proposed project does not include structures that would impede or redirect flood flows. The proposed project would include signal and light poles, storm drainage and green infrastructure improvements which would not substantially alter the flow of floodwaters. Therefore, the project would have a less than significant impact on flood flows, and no mitigation is required. d) In flood hazard, tsunami, or seiche zones, would the project risk release of pollutants due to project inundation?
Less than Significant Impact
Flood Hazard
The project is located within a minimal flood hazard zone. The project proposes no new uses that would introduce new pollutants into the ROW. The incorporation of green infrastructure and stormwater treatment measures into the proposed project would improve the current pollutant load in the project area and would minimize the potential to release road pollutants if an inundation were to occur, and no mitigation is required.

Tsunami and Seiche Hazard
A tsunami or seiche could inundate the project area. The project proposes no new uses that would introduce new pollutants into the ROW. The incorporation of green infrastructure and stormwater treatment measures into the project would improve the pollutant load in the project area and minimize the potential to release road-related pollutants due to inundation. Therefore, the risk of release of pollutants due to a tsunami or seiche would be less than significant, and no mitigation is required. e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Less Than Significant Impact
The Water Quality Control Plan for the San Francisco Bay Basin (Basin Plan) is the SWRCB’s planning document (SWRCB 2024). It outlines how water quality will be protected and improved in the region, including for groundwater, requiring that it be managed in a way that protects its quality and ensures it remains usable for current and future needs, especially in light of climate change and human impacts.

The project would not conflict with implementation of the Basin Plan as it would not adversely affect beneficial uses of the Bay. The project would incorporate new green infrastructure site design measures, such as diverting drainage to vegetated areas and improving the existing storm drainage system, to help the City meet water quality objectives established to protect beneficial uses. The proposed project would preserve and enhance beneficial functions required for green infrastructure by the City’s Green Infrastructure Plan, by improving stormwater management, pedestrian, bicycle and transit travel, while preserving existing trees or replacing trees removed as a result of the proposed project. Therefore, implementation of the project would result in an improvement in stormwater runoff quality associated with road-based pollutants compared to the existing condition, and no mitigation is required.

4.11.1 Environmental Setting
The project is in a highly urbanized area encompassing Emeryville and Oakland. It primarily lies within the ROW of Shellmound Street, running north/south and then transitions to 40th Street as it turns east/west. Within Emeryville, the project area spans Shellmound Street and 40th Street between its intersections with Christie Avenue and Adeline Street. A segment of Shellmound Street, located between the IKEA parking structure entrance and its transition to 40th Street, falls under the jurisdiction of the City of Oakland.

The corridor's land use is predominantly commercial, featuring a variety of customer-oriented businesses and offices, including IKEA, a hotel, retail stores, and fast-food restaurants. Adjacent to the corridor and near the intersection of 40th Street and Adeline Street are multifamily residential areas, senior care facilities, and multi-use spaces.

The project involves constructing improvements within the existing roadway ROW. Zoning adjacent to the roadway includes mixed use residential and mixed use non-residential, with local and regional retail overlays. One parcel at the corner of 40th Street and Hollis Street is zoned for public use. Existing establishments along the project alignment include a shopping mall, several large retailers, and highdensity residential buildings (City of Emeryville 2019a).

4.11.2 Regulatory Setting
This project is not a land use project but is an infrastructure project. All planning goals and policies pertinent to the project are outlined in Section 4.17.2, Transportation.

4.11.3 CEQA Checklist Summary
Would the project:

CEQA Question Impact Determination
a) Physically divide an established community? No Impact b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
No Impact

4.11.4 Answers to CEQA Checklist Questions
a) Would the project physically divide an established community? No Impact
The proposed project would improve an existing roadway and provide improved multi-modal infrastructure. No new traffic lanes or roadway widening would separate existing land uses, and improvements would improve non-vehicular access. Therefore, there would be no impact on an established community, and no mitigation is required.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 61 b) Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
No Impact
The proposed project would support a reduction in VMT by improving pedestrian, bicycle, and transit infrastructure within the project area. This is consistent with goals and policies of the City of Emeryville General Plan, Active Transportation Plan, and the Plan Bay Area 2050. The project would be consistent with and in furtherance of local land use plan policies related to transportation, which have been adopted to encourage multi-modal transportation to avoid or mitigate air quality, public health and safety, and other environmental effects. Project construction would further comply with regulations adopted for the purpose of avoiding or mitigating construction-related environmental effects by implementing controls to protect or avoid impacts to sensitive resources and mitigating any impacts to less than significant levels, as described in the other sections of this IS.

Because the project would comply with and be in furtherance of City land use plan, policies, and regulations, as well as regulations administered by the permitting agencies adopted for the purpose of avoiding or mitigating environmental impacts, the proposed project would not conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect, and no mitigation is required.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 62 4.12 Mineral Resources

4.12.1 Environmental Setting
Minerals are naturally occurring chemical elements or compounds, or groups of elements and compounds, formed from inorganic processes and organic substances including, but not limited to, coal, peat, and oil-bearing rock, but excluding geothermal resources, natural gas, and petroleum. Rock, sand, and gravel are also considered minerals when extracted by surface mining operations.

The project area is an existing roadway in a highly urbanized area, and no known mineral resources are located within or near the project area.

4.12.2 CEQA Checklist Summary
Would the project:

CEQA Question Impact Determination
a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact b) Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan?
No Impact

4.12.3 Answers to CEQA Checklist Questions
a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact
According to the General Plan, there are no state or regionally valuable mineral resources within the project area (City of Emeryville 2019). The proposed project would therefore not result in the loss of a known mineral resource, and no mitigation is required.
b) Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? No Impact
According to the State Mining and Geology Board and the General Plan there are no resource recovery sites associated with the project; therefore, there would be no impact, and no mitigation is required.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 63 4.13 Noise

4.13.1 Environmental Setting
Noise is defined as a sound or series of sounds that are intrusive, objectional, or disruptive to daily life.

Noise levels are measured in order to regulate ambient noise and protect residents from exposure to excessive noise. Different land uses have different acceptability levels in terms of noise disturbance. For example, industrial uses have a higher noise threshold than residential uses. Noise standards provide a means of assessing exposure and compatibility based on specific uses. Significant existing noise generators in the project vicinity include motor vehicles on the existing roadway and on Interstate 80/580.

4.13.2 Regulatory Setting
Local
The City of Emeryville Noise Ordinance, Chapter 13, Section 5, establishes noise limits and allowable hours for construction activities, typically 7:00 a.m. – 6:00 p.m.

4.13.3 CEQA Checklist Summary
Would the project result in:

CEQA Question Impact Determination
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant Impact
b) Generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
No Impact

4.13.4 Answers to CEQA Checklist Questions
a) Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant Impact
During construction, workers and persons residing in the area (i.e., multifamily housing and senior living) would be temporarily exposed to minor ground borne vibration and noise generated by construction equipment, such as compaction equipment, excavators, and loaders. No pile driving is required for the project, which is the primary source of ground borne vibrations and noise during construction.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 64 Generation of intermittent noise would be temporary during construction and would comply with the City of Emeryville Noise Ordinance requirements for construction projects. Construction equipment noise from the project is exempt from the noise ordinance thresholds. The project would not result in significant ambient noise levels in excess of established standards set forth in the general plan or noise ordinance, and no mitigation is required.
b) Would the project result in generation of excessive groundborne vibration or groundborne noise levels?
Less Than Significant Impact
Construction vibration is generally associated with pile driving and rock blasting, and occasionally large bulldozers and loaded trucks can cause perceptible vibration at close proximity. Project construction activities would expose the adjacent area near the project area to intermittent groundborne vibration.

However, this impact would be temporary. Because impacts would be temporary and intermittent, they would be less than significant, and no mitigation is required. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
No Impact
There are no airports within 2 miles of the project area. The nearest airport is Oakland International airport located approximately 7.15 miles south of the project area. Therefore, the project would not expose construction workers or residents to excessive aircraft noise, and no mitigation is required.

4.14.1 Environmental Setting
As of January of 2025, the City of Emeryville had an estimated population of 13,471 residents and an estimated housing stock of 8,373 dwelling units (State of California Department of Finance 2025). Land use throughout the project corridor is primarily commercial, but multifamily residential areas, senior care living, and multi-use areas are along the corridor and at the end of 40th Street near the intersection with Adeline Street.

4.14.2 CEQA Checklist Summary
Would the project:

CEQA Question Impact Determination
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
No Impact
b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? No Impact

4.14.3 Answers to CEQA Checklist Questions
a) Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
No Impact
The project scope is limited to improving multi-modal transit facilities and corridor safety within existing roadway ROW and would not increase roadway capacity or VMT. The project would not induce substantial population growth by adding new housing or commercial uses or indirectly by adding new infrastructure that would induce growth in the area, and no mitigation is required. b) Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? No Impact
The project does not propose any removal or construction of features which would result in displacement of people and would therefore not require construction or replacement housing elsewhere. Therefore, there would be no impact, and no mitigation is required.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 66 4.15 Public Services

4.15.1 Environmental Setting
The proposed project is in an urban area served by existing infrastructure and public services. Fire protection in the project area is provided by the Alameda County Fire Department from Fire Station No.

34. The Department provides 24-hour emergency response for medical emergencies, fire suppression, water rescue, and disaster response. Police protection in the project area is provided by the Emeryville Police Department. Both the Emeryville Police Department and Alameda County Fire Department Fire Station No. 34 are located approximately 1 mile northwest of the project area.

4.15.2 CEQA Checklist Summary
Would the project result in:

CEQA Question Impact Determination
a) Would the project result in substantial adverse physical impacts associated with the need and/or provision of new or physically altered governmental services and/or facilities in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? i) Fire protection?
ii) Police protection?
iii) Schools?
iv) Parks?
v) Other public facilities?
Less Than Significant Impact

4.15.3 Answers to CEQA Checklist Questions
a) Would the project result in substantial adverse physical impacts associated with the need and/or provision of new or physically altered governmental services and/or facilities in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services?
i) Fire protection?
ii) Police protection?
iii) Schools?
iv) Parks?
v) Other public facilities?
Less Than Significant Impact
The project would not increase dwelling units or road capacity in the vicinity and would not construct uses that would increase the population in the project area. Thus, the project would not increase demand for public services such as schools, parks, or other public facilities such as libraries.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 67 During construction, the project may have a negligible temporary increase in emergency services demand to protect construction equipment or personnel that could be adequately served by existing services. There are adequate fire and police services to protect the construction sites and construction workers without affecting emergency services ratios, response times, or other performance objectives.

During operation, the project would improve safe transit, bicycle, and pedestrian access, which may result in a drop in emergency calls throughout the corridor. Therefore, the proposed project would not require new or physically altered governmental services and/or facilities in order to maintain acceptable service ratios, response times, or other performance objectives. The proposed project would have a less than significant impact on governmental services, and no mitigation is required.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 68 4.16 Recreation

4.16.1 Environmental Setting
Due to its industrial history, the City has limited parks and open spaces. The General Plan includes a general framework for expanding open spaces to create a cohesive local network and set forth standards to develop 3 acres of parkland per 1,000 new residents, develop 0.25 acres of parkland per 1,000 new employees, and locate at least 1 park within a 5 minute walk of all residences (City of Emeryville 2019a). The City is currently served by 25 parks and open spaces, of which the City owns and manages 15 (City of Emeryville 2025, City of Emeryville n.d.).

Connected to the project area, the San Francisco Bay Trail in Emeryville spans approximately 3 miles and is characterized by its accessibility and scenic views. The trail is accessible for wheelchairs, strollers, and mobility equipment, with benches along the way for resting and taking in the scenery. The trail is popular for road biking, running, and walking, and is open year-round. The trail enters the project area at the base of the Shellmound Street bridge, where southbound users can currently take the bike lane over the Shellmound Street bridge and northbound users can cross Shellmound Street at the IKEA entrance to use the northbound bike lane. In the project area, the Trail is currently classified as a Class II, in-road bike lane between shared use path Class I bikeway sections of the trail, located on Ohlone Way at the northern end of the project area and at the IKEA entrance on the east side of Shellmound Street.

4.16.2 CEQA Checklist Summary
Would the project:

CEQA Question Impact Determination
a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
Less than Significant Impact
b) Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?
Less than Significant Impact

4.16.3 Answers to CEQA Checklist Questions
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
Less Than Significant Impact
The project would include the continuation of the San Francisco Bay Trail as a two-way separated Class IV bikeway from its existing terminus at the IKEA entrance. The project would continue the Trail as an eastbound 2-lane separated Class IV bikeway on the north side of 40th Street and a northbound 2-lane separated Class IV bikeway on the west side of Shellmound Street. This is intended to expand usage of the Trail and reduce VMT. While more users could contribute to a minor increase in normal ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 69 deterioration of the trail surface over time, the increase in use would be based on improved access and not based on a project induced increase in population. Population growth is the main driver of increased park and recreational facility use. These improvements would not induce population growth that would increase demand on neighborhood or regional parks and therefore would not increase or accelerate the physical deterioration of existing recreational facilities. The proposed project would have a less than significant impact on recreational facilities, and no mitigation is required. b) Would the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Less Than Significant Impact
As noted above, the project would include enhancement and expansion of the San Francisco Bay Trail.

The proposed project would construct a protected Class IV bikeway extending from Christie Avenue to Adeline Street, increasing safety and extending the Trail eastward. This IS identifies the potential physical effects during construction and operation, and all adverse environmental effects that have potential to occur as a result of the proposed project can be reduced to less than significant with the application of mitigation measures outlined in this document. Therefore, as mitigated, the recreational facilities provided by the project would have a less than significant impact on the environment, and no mitigation is required.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 70 4.17 Transportation

4.17.1 Environmental Setting
Roadway Network
Regional access to the project area is provided by Interstate 580, Interstate 80, and SR-123 (San Pablo Avenue). Local access to the project area is provided by various connectors and local roads. The project area is located primarily within Shellmound Street and 40th Street, which are both classified as transit streets under the General Plan (City of Emeryville 2019a). Caltrans classifies 40th Street as a minor arterial road and Shellmound Street as a local road (Caltrans 2025b).

Shellmound Street is a 4-lane local street/transit street which is a continuation of 40th Street from the intersection of Hubbard Street and 40th Street. There is 1 lane of traffic from Shellmound Street’s eastern end as it passes over the railroad tracks and IKEA parking lot, and it expands to 2 lanes again at the intersection of the IKEA parking lot and Shellmound Street. 40th Street is a minor arterial road/transit street which travels east to west across the City of Emeryville and the City of Oakland. The section of 40th Street that the project area covers is from the Shellmound40th Street Bridge to Adeline Street just at the easterly city limits of Emeryville. 40th Street has general travel lanes in each direction divided by a median and periodic left turn lanes. Portions of 40th Street within the project area have Class II bike lanes and portions outside the project area to the east have a mix of Class II bike lanes, no bicycle infrastructure, or are a Class III bike route. The posted speed limit is 25 mph.

The project area is connected to numerous local roads which extend from 40th Street into surrounding Oakland and Emeryville. Hubbard Street, Holden Street, Haven Street, and Watts Street are 4 northwest to southeast local roads, which share intersections with 40th Street within the project area and currently allow right turns onto 40th Street.

Transit Network
The City of Emeryville is centrally located in the East Bay and is served by a range of regional and local transit options. The free Emery Go-Round shuttle provides frequent connections between locations in Emeryville and the MacArthur BART Station in Oakland. There are 2 Emery Go-Round lines, Hollis and Shellmound/Powell. Hollis has stops on the eastern side of the project area on 40th Street, and the Shellmound/Powell line stops along 40th Street and Shellmound Street within the project area. The Emery Go-Round shuttle operates Monday through Friday 6:00 a.m. to 10:00 p.m. and Saturdays from 8:00 a.m. to 10:00 p.m. and on Sunday’s from 9:00 a.m. to 7:00 p.m. Multiple stops on 40th Street including those at intersections with Horton and Hollis Streets and the Sonsesta stop on Shellmound Street are accessible from the project area (Emery Go-Round 2020). While the Emery Go-Round functions as a key first-mile/last-mile link for commuters, it is not designed to provide comprehensive local service for residents or to connect destinations across Emeryville (City of Emeryville 2019a).

AC Transit provides several fixed-route bus services in the vicinity of the project area. The 72 Rapid operates along San Pablo Avenue, offering frequent service between Jack London Square in Oakland and Hilltop Mall in Richmond. Additional AC Transit local routes operate along 40th Street and Shellmound ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 71 Street, including the F line to University of California Berkeley campus and line 57 to Foothill Square.

Another AC Transit local route (line 22) operates along Hollis Street and connects from City of Berkeley to West Oakland BART. This line intersects the center of the 40th Street portion of the project area with bus stops at or near the 40th Street and Hollis Street intersection. Multiple stops on 40th Street, including those at intersections with Horton and Hollis streets and those on Shellmound Street at its intersection with Bay Street, are accessible within the project area (AC Transit 2025).

Bicycle Network
The 2012 City of Emeryville Active Transportation Plan (City of Emeryville 2023) defines classifications for the City’s bicycle paths:
• Class I Shared Use Path: Provides a completely separated ROW for the exclusive use of bicycles and pedestrians with minimized crossflow. Shared use paths are paved, bidirectional pathways physically separated from the roadway, often following independent ROWs like former rail lines. • Class II Bike Lane: A bike lane is a dedicated on-street space for cyclists, marked by signage and pavement striping, that runs parallel to vehicle traffic in the same direction. • Class III Bike Route: Provides shared use with pedestrians and motor vehicle traffic, typically on lower volume roadways. Travel lanes are a minimum of 14 feet to accommodate both vehicle and bicycle traffic.
• Class IIIB Bike Boulevard: Bicycle boulevards prioritize cyclists on low-traffic streets using signage, markings, and traffic calming measures to deter vehicle through-traffic and enhance crossing safety at major arterials.
• Class IV Separated Bikeways: Separated bikeways, such as those which would be constructed as part of the proposed project, are bicycle paths which are physically divided from vehicular traffic by an inflexible barrier, grade separation, or on-street parking. This design provides a protected corridor for cyclists traveling alongside vehicular traffic.

As of 2020, the City had 2.1 miles of shared use paths (Class I), 4.2 miles of bike lanes (Class II), 1.5 miles of bike routes (Class III), 2.5 miles of bike boulevards (Class IIIB), and 0.9 miles of separated bike lanes (Class IV) (City of Emeryville 2023).

Figure 5 shows the existing bicycle facilities in the vicinity of the project area. Class II bike lanes run along 40th Street and Shellmound Street. Class II bike lanes also exist along Emery Street, Horton Street and Hollis Street to the south of the project area. A portion of the San Francisco Bay Trail, a Class I Shared Use Path, runs adjacent to the western side of the southern portion of Shellmound Street within the project area. Horton Street is a Class IIIB bicycle boulevard where it meets 40th Street (City of Emeryville 2023).

Pedestrian Facilities
Pedestrian facilities within the City include sidewalks, crosswalks, and pedestrian signals. There are sidewalks extending the length of 40th Street, and along all sections of streets which share an intersection with 40th Street within the project area. Shellmound Street has a sidewalk but only on the northeastern/eastern side of the roadway.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 72 Shellmound Street has high visibility crosswalks at all intersections. The intersections of 40th Street and Hubbard Street, and Holden Street and Watts Street are unsignalized with high visibility crosswalks. The intersections 40th Street with Horton Street, Hollis Street, Harlan Street, Emery Street, SR-123, and Adeline Street are signalized with high visibility crosswalks.

Safety Considerations
The project area is located within the cities of Emeryville and Oakland. Traffic collision data for this area obtained from the California Highway Patrol Statewide Integrated Traffic Records System database, and the University of California SafeTREC Transportation Injury Mapping System shows 45 collisions involving a pedestrian or bicyclist within the project area over a 12-year period from 2013 – 2024. During that same period there were 63 auto-only collisions along 40th Street. Specific intersections have the most associated accidents. At the intersection of 40th Street and Hubbard Street, 9 bicycle injury incidents were reported, making it one of the most problematic locations in the corridor. This intersection is of particular concern because westbound lanes merge over the bridge at high speeds, and vehicles can turn onto Hubbard Street without control measures.

Other intersections along 40th Street also demonstrate recurring bicycle collision patterns, including Horton Street (2 collisions), Hollis Street (2 collisions), Harlan Street (2 collisions), and Emery Street (3 collisions). Pedestrian collisions were recorded at Hollis Street (1), Emery Street (1), San Pablo Avenue (5), and Adeline Street (2). Five collisions occurred within the intersection of San Pablo Avenue and 40th Street, and 2 collisions occurred at the intersection of Adeline Street and 40th Street. Along Shellmound Street, fewer incidents were reported during the same period, including 4 bicycle injury collisions and 5 pedestrian injury collisions (Fehr and Peers 2025). The full 40th Street Multi-modal Transportation Analysis (Fehr and Peers 2025) is provided in Appendix D.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 73 Figure 6. Existing Bicycle Facilities in the City of Emeryville Source: City of Emeryville Active Transportation Plan (City of Emeryville 2019a)

4.17.2 Regulatory Setting
State
Vehicle Code Section 21209 prohibits motor vehicles from driving in a bicycle lane except for the purposes of entering or leaving the roadway, parking, or to prepare for a turn within 200 feet of an intersection.

Local and Regional Transportation
The following local and regional transportation guidance documents apply to the project:

The Plan Bay Area 2050 is a 30-year plan that establishes 35 strategies to improve housing, the economy, transportation, and the environment across the Bay Area's 9 counties - Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano and Sonoma. This long-range plan, developed by the Bay Area's 2 regional planning agencies, the MTC and the Association of Bay Area Existing Bikeways
-- Class I Shared-Use Path
-- Class II Bicycle Lane
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-- Class IV Separated Bikeway
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ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 74 Governments, outlines a $1.4 trillion vision for "a more equitable and resilient future for Bay Area residents." The Plan identifies 12 transportation strategies; the strategies applicable to the proposed project include:
• T1. Restore, operate and maintain the existing system. Commit to operate and maintain the Bay Area's roads and transit infrastructure while reversing pandemic-related cuts to total transit service hours.
• T8. Build a Complete Streets network. Enhance streets to promote walking, biking and other micro-mobility through sidewalk improvements, car-free slow streets, and 10,000 miles of bike lanes or multi-use paths.

The Emeryville General Plan functions as Emeryville’s comprehensive, long-range policy document and guides physical development and land use decisions. The State requires that general plans include a circulation element regulating the location and extent of transportation modes, accessways, and thoroughfares (California Government Code Section 65302b). The Transportation Element fulfills this requirement by establishing the City’s transportation-related policies and goals. The following are the goals and policies from the Transportation Element that are relevant to the project (City of Emeryville 2019a):
• T-G-3 Multi-modal - A transportation system that eliminates the necessity of owning and/or driving personal vehicles because of the availability of convenient and accessible alternative modes of transportation.
• T-G-4 A walkable city - A universally accessible, safe, pleasant, convenient, and integrated pedestrian system that provides links within the City and to surrounding communities and reduces vehicular conflicts.
• T-G-5 A safe, comprehensive, and integrated bicycle system - A system and support facilities throughout the City that encourage accessible bicycling for all community members. • T-G-7 A multi-functional street system - A system that will ensure the safe and efficient movement of people, goods, and services and support a high quality of life and economic vitality.
• T-P-2 The design, construction, operation, and maintenance of City streets shall be based on a “complete streets” concept that enables safe, comfortable, and attractive access and travel for pedestrians, bicyclists, motorists, and transit users of all ages and abilities. • T-P-4 Transportation planning shall be coordinated with emergency service providers to ensure continued emergency service operation and service levels. • T-P-12 The City will plan, upgrade, and maintain pedestrian crossings at intersections and midblock locations by providing safe, well-marked crosswalks with audio/visual warnings, bulb-outs, and median refuges that reduce crossing widths.
• T-P-28 Existing public transit to BART, Amtrak, and regional destinations will be supported, and transit within Emeryville for residents, workers, and visitors will be promoted.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 75 • T-P-31 The City will develop and implement transit stop amenities such as pedestrian pathways approaching stops, benches, traveler information systems, shelters, and bike racks to facilitate transit stops as place-making destinations and further the perception of transit as an attractive alternative to driving.
• T-P-32 Transit stops will be sited at safe, efficient, and convenient locations, and located appropriately within the ROW.
• T-P-33 The City supports transit priority on Transit Streets through features such as traffic signal priority, bus queue jump lanes at intersections, exclusive transit lanes, and other techniques as appropriate, with adjustments to technology as conditions change.

The City of Emeryville Active Transportation Plan is the City’s 10-year blueprint for improving active transportation infrastructure and programs. The Plan supports the use of human-powered modes of travel, including walking and bicycling (City of Emeryville 2023). It sets 6 goals for the City’s active transportation network, outlined below:

1. The active transportation network is easy for all types of people to navigate, including seniors and children.

2. The active transportation network is integrated within Emeryville and into external neighboring communities.

3. Traveling within the active transportation network is enjoyable.

4. The needs of the less resourced are centered in project and program planning, prioritization, and implementation and given equal weight to residents’ more resourced counterparts.

5. The active transportation network encourages mode shift to zero-emission travel (biking, walking, etc.) and helps lower the carbon footprint of those living and working in Emeryville.

6. The City incorporates active transportation network improvements into all aspects of the planning, development and construction process.

4.17.3 CEQA Checklist Summary
Would the project:

CEQA Question Impact Determination
a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? Less Than Significant Impact b) Conflict or be inconsistent with CEQA Guidelines §15064.3, subdivision (b)? Less Than Significant Impact c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant Impact d) Result in inadequate emergency access? Less Than Significant Impact ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 76 4.17.4 Answers to CEQA Checklist Questions
a) Would the project conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? Less Than Significant Impact
The proposed project is a multi-modal project specifically designed to further the City’s Active Transportation Plan by improving pedestrian and bicyclist safety and mobility through the installation of a Class IV protected bike trail. Proposed roadway modifications are designed to enhance user safety while resulting in negligible effects on overall traffic circulation. Proposed roadway modifications would also streamline bus movement throughout the project area. The project is consistent with the goals and policies of the City of Emeryville General Plan and Plan Bay Area 2050, and the City’s Active Transportation Plan, which emphasize a need for complete streets, improved safety, and promotion of alternative transportation modes. Therefore, the proposed project would not conflict with, and would be in furtherance of, the City’s programs, plans, ordinances and policies addressing the circulation system, and no mitigation is required.
b) Would the project conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)?
Less Than Significant Impact
CEQA Guidelines § 15064.3, subdivision (b) pertains to the use of VMT to analyze transportation impacts. The Governor’s Office of Planning and Research Technical Advisory on Evaluating Transportation Impacts in CEQA (Governor’s Office of Planning and Research 2018) provides technical recommendations regarding the assessment of VMT, non-binding thresholds of significance, potential exemptions or presumptions of less than significant CEQA impacts, and mitigation measures. Section F of the Technical Advisory notes that maintenance activities and the installation of operational features such as upgrading traffic control devices, adding turn pockets, or installing traffic calming measures are “unlikely to lead to a substantial or measurable increase in vehicle travel.” As noted in CEQA Guidelines Section 15064.3(b)(2), transportation projects “that reduce, or have no impact on, VMT should be presumed to cause a less that significant transportation impact.” Construction equipment and worker vehicles will generate vehicle trips over the 32 months of construction, which will be temporary and a minor addition to existing VMT. Therefore, the project is unlikely to induce vehicle travel, and thus the project will have a less than significant temporary impact on VMT. Therefore, the project would not result in a significant impact under CEQA Guidelines § 15064.3(b), and no mitigation is required.

Operations
The project would involve the modification of existing roadways to provide additional considerations for alternative transportation and safer passage along 40th and Shellmound Street for bicycles and pedestrians. As a result, it is considered to enhance and encourage means of alternative transportation, while decreasing roadway speeds, and improving transit access. No features of the project would increase operational VMT. Moreover, the project, through encouragement of alternative transportation, may reduce per capita VMT in the area by providing dedicated and protected lanes of travel for transit, ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 77 bicycles, and pedestrians. No impact is anticipated with respect to operational impacts, but overall, impacts would be less than significant due to temporary increases in VMT during construction, and no mitigation is required.
c) Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less than Significant Impact
Construction
Project construction is expected to begin in 2026 and would be completed within approximately 32 months. Construction transportation impacts would be localized and temporary; however, during construction of the project, traffic operations could be degraded. The City would prepare a construction traffic control plan (TCP) which would demonstrate appropriate traffic handling during construction activities for all work that will or may impact the traveling public. The TCP would include the following elements:
• Identify the location of the proposed construction area. • Illustrate the location of areas where the public ROW would be closed or obstructed. • Identify the placement of traffic control devices necessary to perform the work. • Present proposed phases of traffic control.
• Establish time periods when the traffic control would be in effect and, although not anticipated, identify the time periods when work may prohibit access to private property from a public ROW. • Provide information on access for emergency vehicles to prevent interference with emergency response.

The construction plans specifically direct that access shall remain open for all residents and businesses in the project area. For this reason, the impact related to transportation hazards during construction would be less than significant, and no mitigation is required.

Operations
As detailed in Section 3, “Project Description,” the project would involve the modification of existing roadways to provide additional considerations for alternative transportation and safer passage along 40th Street and Shellmound Street for bicycles and pedestrians. On-site circulation would provide interconnected pedestrian and bicycle paths, as well as transit efficiency, throughout the project area to promote multi-modal transportation choices.

The project would be consistent with City development standards. Further and as noted under threshold a) above, the project would reduce the number of interaction points between bicycles/pedestrians/buses and other personal occupancy vehicles/trucks. It would lengthen site distances between interaction points and reduce the risk of pedestrian and bicycle-vehicle conflicts.

The primary purpose of the proposed project is to improve bus movement and pedestrian and bicyclist safety and through the already existing multi-modal corridor along 40th and Shellmound streets. The proposed project would designate separate bus lanes and protected bicyclist and pedestrian trails along ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 78 with modifying access to several intersections on 40th Street to improve bicyclist and pedestrian safety.

Closures of intersections of streets previously connected to 40th Street would involve installation of culde-sacs with turning radius adequate for trucks and large emergency vehicles. Other intersections would have raised pedestrian crosswalks installed to increase pedestrian awareness in drivers. The project is designed to increase safety and reduce hazards. Therefore, once completed, the proposed project would have a beneficial impact on safety, and no mitigation is required. d) Would the project result in inadequate emergency access? Less Than Significant Impact
According to the 2025 Fehr and Peers Multi-modal Transportation Analysis (Appendix D), designating bus only lanes would not cause significant traffic delays. Closures of 2 intersections on the north side of 40th Street would involve installation of cul-de-sacs. The cul-de-sacs would also provide a turning radius adequate for trucks and large emergency vehicles. The cul-de-sacs would include a 14-foot emergency vehicle access lane to allow emergency access to and from 40th Street. As detailed in 4.17.4c, above, the construction contractor would prepare a TCP prior to construction which would minimize safety impacts during construction including ensuring that emergency access is maintained at all times. As a result, adequate emergency access would be maintained during both construction and operation of the project. Therefore, the project would not result in inadequate emergency access, and this impact would be less than significant, and no mitigation is required.

4.18.1 Environmental Setting
The project area generally consists of imported fill, local fill, and highly disturbed local soil.

Prehistorically, land within and surrounding the project area was inhabited by the Ohlone people and contained a large shellmound used for burial and cultural practices. The APE for cultural resources includes 84 acres in total and approximately 15 acres of direct impact, encompassing Shellmound Street and 40th Street ROW, where ground disturbance may occur as a result of project implementation. The AII includes the entire approximate footprint of the Emeryville Shellmound Complex.

An investigation was conducted to locate, describe, and evaluate cultural resources present within the APE. Much of the APE has experienced some level of previous disturbance, e.g., cut and fill activities and urban development (Tremaine & Associates, Inc. 2025). A records search was conducted at the Northwest Information Center for resources within the APE, and resources in the vicinity around the APE (archival study area). The search results indicated 3 distinct prehistoric resources are located within the project area: 3 shellmounds that are part of the Emeryville Shellmound Complex. The Emeryville Shellmound Complex was determined to be eligible for the National Register of Historic Places.

In general, subsurface tests conducted in proximity to the APE have found little evidence of intact resources within the APE, or resources with a specific association. The historic shoreline of the Bay extended further east than today, encompassing the area of present-day Shellmound Street. When the Emeryville Shellmound Complex was leveled in 1924, midden material was displaced westward as Bay fill and for construction of Shellmound Street. Subsequent observations and studies indicate that any archaeological materials beneath the current street alignment are likely redeposited, not intact midden deposits. The extent of site boundaries, secondary deposits, or submerged cultural resources beneath the roadway and hazardous waste cap remains unknown.

4.18.2 Regulatory Setting
Native American Consultation
In accordance with Assembly Bill 52, as identified in the PRC Section 21080.3.1(b)(2) of CEQA and Section 106 of the NHPA, Native American tribes (tribes) identified by the NAHC must be invited to consult on projects. Caltrans, acting as the federal lead agency under the assigned authority of the FHWA, is providing project oversight for Section 106 consultation as federal funds are involved. The environmental review, consultation, and any other actions required by applicable federal environmental laws for this project are being, or have been, carried out by Caltrans pursuant to 23 U.S.C. 326 or 327 and the Memoranda of Understanding executed by FHWA and Caltrans.

CEQA Question Impact Determination
a) Cause a substantial adverse change in the significance of a tribal cultural resource, defined in PRC § 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i. Listed or eligible for listing in CRHR, or in a local register of historical resources as defined in PRC § 5020.1(k), or
Less Than Significant Impact
ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of PRC § 5024.1. In applying the criteria set forth in subdivision (c) of PRC § 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

Less Than Significant Impact
with Mitigation
Incorporated

4.18.4 Answers to CEQA Checklist Questions
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in PRC § 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i. Listed or eligible for listing in CRHR, or in a local register of historical resources as defined in PRC § 5020.1(k)?
Less Than Significant Impact
As noted above in Section 4.5, Cultural Resources, records search results from the Northwest Information Center indicated that 6 records of distinct resources were identified in the project area. Of these, 3 were identified as potential tribal cultural resources. These are the aforementioned 3 shellmounds that are part of the Emeryville Shellmound Complex, which was determined to be eligible for the National Register of Historic Places. However, the Emeryville Shellmound Complex was leveled in 1924, and midden material was displaced westward as Bay fill and for construction of Shellmound Street. Subsequent observations and studies indicate that any archaeological materials beneath the current street alignment are likely redeposited, not intact midden deposits. Further, negative findings from late 20th-century testing west of Shellmound Street suggest no near-surface cultural deposits, though industrial fill and waste obscure subsurface conditions. Remediation work east of the railroad encountered sterile alluvium 6 to 10 feet below ground surface, which may also underlie Shellmound Street.

While there is some potential for deeply buried precontact deposits, the likelihood of encountering resources during ground disturbance is considered low, due in part to the limited disturbance depth and area and the results of prior investigations conducted in the vicinity of the project. Planned excavation ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 81 of project elements such as the relocation of traffic signals would be localized with small footprints (2 – 4 feet in diameter), further limiting the potential for disturbance of resources.

A PRDMP was prepared in consultation with the tribes and Caltrans to implement nonstandard conditions outlined in the FNAE to manage the potential for inadvertent discovery of redeposited materials. Please refer to Section 4.5.4(a) for a discussion on the PDRMP. The nonstandard conditions outlined in the Caltrans FNAE are a condition of the project that minimize or avoid the potential loss of inadvertent discovery of redeposited materials.

Therefore, due to historic disturbance within the project area, the limited ground disturbance in the area, and available information regarding resources present, along with implementation of the nonstandard conditions for inadvertent discoveries of redeposited materials, the project would not result in a substantial adverse change in the significance of the Emeryville Shellmound Complex, and no mitigation is required.
ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of PRC § 5024.1. In applying the criteria set forth in subdivision (c) of PRC § 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe?
Less Than Significant Impact with Mitigation Incorporated As previously discussed, negative findings from late 20th-century testing west of Shellmound Street suggest no near-surface cultural deposits, though industrial fill and waste obscure subsurface conditions. The heavy urbanization of Emeryville has created a low probability of identifying archaeological sites by pedestrian reconnaissance alone. Large-scale remediation in the late 1990s removed contaminated soils, replaced them with imported clean fill, and installed a 2.5-foot-deep concrete cap along Shellmound Street. These activities further reduced the likelihood of intact deposits and made pre-construction subsurface testing infeasible. As a result, the potential for tribal cultural resources to be identified above the hazardous materials cap within Shellmound Street is considered minimal, and no resources are known to be present. Remediation work east of the railroad encountered sterile alluvium 6 to 10 feet below ground surface, which may also underlie Shellmound Street. While there is some potential for deeply buried precontact deposits, the likelihood of encountering intact archaeological resources during ground disturbance is considered low due to the limited disturbance area and depth of excavation of the project.

However, as the extent of the Shellmound Complex under Shellmound Street remains uncertain, the potential for encountering resources cannot be precluded. Due to the historic presence of resources in the area, there is a potential for discovering or impacting unknown cultural resources or elements of the Shellmound Complex resources during construction activities. Tribal consultation is ongoing through the City and Caltrans, and the aforementioned Native American tribes culturally connected to the Shellmound resources are in active consultation regarding the potential for inadvertent discovery of redeposited tribal cultural resources within the project area. As part of that process, Caltrans is developing a PRDMP consistent with Stipulation XV.A of the Section 106 Programmatic Agreement between numerous federal and state entities, in consultation with the aforementioned Native American ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 82 tribes. If any resources are encountered, handling of the resources would be conducted in a manner consistent with the nonstandard conditions outlined in the FNAE and the procedures outlined in the PRDMP and involve further coordination between Native American Tribal representatives, Caltrans, and the City.

Whereas the project cannot proceed without Caltrans NEPA approval and funding, the following mitigation measure would reduce the potential for adverse impacts on resources considered significant by the consulting Tribes to less than significant:
• Mitigation Measure TCR-1: The City shall ensure implementation all nonstandard conditions required in the FNAE and Post Development Resource Monitoring Plan as required by Caltrans and approved by the Tribes, Caltrans, and the State Office of Historic Preservation.

4.19.1 Environmental Setting
40th Street serves as an alignment for utilities that service the area. These utilities include water, sanitary sewer, storm sewer, gas, electricity, and telecommunications.

The City of Emeryville is serviced by Pacific Gas & Electric for electricity, EBMUD for water, and AT&T for telecommunications.

4.19.2 CEQA Checklist Summary
Would the project:

CEQA Question Impact Determination
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
Less Than Significant Impact
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Less Than Significant Impact c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? No Impact
d) Generate solid waste in excess of State or local standards or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
Less Than Significant Impact
e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Less Than Significant Impact

4.19.3 Answers to CEQA Checklist Questions
a) Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
Less Than Significant Impact
The project would involve improvements to the existing roadway and would not result in increased demand for water and wastewater services. As part of the project, new lighting would be installed and is anticipated to be more efficient, resulting in potentially less electrical demand in the immediate area.

Further, the project would involve the implementation of additional low impact development techniques for stormwater purposes, which would result in greater detention of stormwater flows within the project area. While there is a potential for temporary interruption of service during construction, this would be avoided through safe construction techniques in accordance with California ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 84 Building Code requirements. As a result, impacts would be less than significant, and no mitigation is required.
b) Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Less Than Significant Impact
Roadway, bikeway, and pedestrian safety improvements would have no impact on water usage.

Replacement, relocation, and installation of some new landscaping with native plants could result in a negligible increase in water use. Landscaping irrigation would connect to existing EBMUD water lines.

The project would not generate significant new demand for water; therefore, there would be a less than significant impact on water use, and no mitigation is required. c) Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? No Impact
The project would not involve development of uses that would result in direct or indirect discharge of wastewater to sanitary sewer or on-site septic systems. No demand for wastewater treatment or facilities would occur as a result of the project and therefore the project would have no impact on wastewater treatment systems, and no mitigation is required. d) Would the project generate solid waste in excess of State or local standards or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
Less Than Significant Impact
Construction activities associated with the project would generate solid waste requiring disposal at area landfills. Waste generated during project construction would be limited to vegetation debris, asphalt, and road subgrade. The project would utilize rubblization and other methods to recycle and reuse construction debris on-site, consistent with the attainment goals and policies of the City’s General Plan (2019a). Waste generation would be temporary during construction and would not significantly reduce available capacities at existing landfills or otherwise impair the attainment of solid waste recycling and disposal goals, thus no mitigation is required.
e) Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
Less Than Significant Impact
Please refer to discussion in 4.19.13(d), above. The project would comply with federal, state, and local management and reduction statutes and regulations related to solid waste, and no mitigation is required.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 85 4.20 Wildfire

4.20.1 Environmental Setting
The California Department of Forestry and Fire Protection (CAL FIRE) designates fire hazard severity zones for areas under state jurisdiction. For areas under local jurisdiction, CAL FIRE identifies areas that the department considers to be Very High Fire Hazard Severity Zones (VHFHSZs), and local jurisdictions must choose whether to adopt the CAL FIRE recommendations. The project area is not located in a State Responsibility Area for High Fire Hazard Severity.

Emeryville's terrain and vegetation do not pose a high risk for large or devastating wildfires. However, the threat of urban fires remains significant. The risk of loss of life and property from an urban fire is highest in areas where large groups of people gather, such as offices, stores, hotels, high-rise buildings, and theaters (City of Emeryville 2019a). The most severe urban fire scenario could occur in conjunction with an earthquake.

4.20.2 CEQA Checklist Summary
If located in or near state responsibility areas or lands classified as VHFHSZs:

CEQA Question Impact Determination
a) Substantially impair an adopted emergency response plan or emergency evacuation plan? Less Than Significant Impact
b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
No Impact
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
No Impact
d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
No Impact

4.20.3 Answers to CEQA Checklist Questions
a) Would the project substantially impair an adopted emergency response plan or emergency evacuation plan?
Less Than Significant Impact
The project area is not located within a state responsibility area or on lands classified as a VHFHSZ. The project area is within an existing roadway, and at least 1 lane in each direction would remain open at all times during construction.

The City employs 2 emergency notification systems to alert residents and businesses. The Emeryville Police Department and the Alameda County Fire Department utilize NIXLE, a nationwide public safety ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 86 alert system. Additionally, the "AC Alert" System, powered by Everbridge, is used for emergency notifications. AC Alert is a web-automated service that delivers accurate and timely information directly from the City. In the event of a wildfire, these notification systems will inform nearby residents and workers and provide evacuation directions as necessary. The project would have a less than significant impact on emergency access during construction, and would have no operational impacts, thus would not substantially impair an adopted emergency response plan or emergency evacuation plan, and no mitigation is required.
b) Would the project, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
No Impact
The proposed project is a transportation enhancement project that would include multi-modal safety improvements. The project does not propose to construct or modify habitable structures within the project area that could expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire; thus no mitigation is required. c) Would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? No Impact
The project proposes enhancements to existing infrastructure through the construction of Class IV bikeway, transit-only lanes, transit islands, pedestrian enhancements, and a transit hub with complete street intersection improvements, and proposes no habitable structures requiring fire protection. The proposed project does not require associated infrastructure or utilities that would exacerbate fire risk, thus no mitigation is required.
d) Would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
No Impact
The proposed project is a transportation enhancement project that would include multi-modal safety improvements. The project would include: storm drain inlets and pipe connections to convey stormwater runoff from repositioned flowlines in the street design; bioretention facilities with excavation depths of at least 41 inches, with deepened retaining curbs and no retaining wall footing; new permeable pavements to be used for stormwater infiltration in limited sidewalk areas; and new drain inlets and pipe connections along the new curb line, against the dedicated bus lane on the north side of 40th Street. These improvements would not expose people or structures to risks associated with runoff, slope instability, or drainage changes, and would improve stormwater runoff capacity, thus no mitigation is required.

4.21.1 CEQA Checklist Summary
CEQA Question Impact Determination
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less Than Significant Impact
With Mitigation
Incorporated
b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, or the effects of probable future projects.)
Less Than Significant Impact
With Mitigation
Incorporated
c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact
With Mitigation
Incorporated

4.21.2 Answers to CEQA Mandatory Findings of Significance Questions a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
Less Than Significant Impact with Mitigation Incorporated The project would construct multi-modal and green infrastructure improvements within existing roadway ROW. It would not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below selfsustaining levels, threaten to eliminate a plant or animal community, or reduce the number or restrict the range of rare or endangered plants or animals. Mitigation Measure BIO-1 requires the City to conduct pre-construction nesting bird surveys and implement necessary actions identified by a qualified biologist to ensure migratory birds are protected during construction activities, which would reduce potential impacts to migratory birds to less than significant.

The project area does contain 1 listed prehistoric resource, the Emeryville Shellmound Complex, that could still contain prehistoric materials beneath the contaminated soils cap on Shellmound Street.

Resources could be inadvertently excavated during relocation and placement of features such as signal poles that reach beneath the cap during construction. Mitigation Measure TCR-1 requires the City to implement all nonstandard conditions identified by Caltrans in consultation with locally affiliated Native ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Environmental Evaluation Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 88 American Tribes and the State Office of Historic Preservation to ensure inadvertent discoveries are managed appropriately; this would reduce impacts on tribal cultural resources to less than significant. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, or the effects of probable future projects.? Less Than Significant Impact with Mitigation Incorporated The project would not result in an increase in population or growth that would require new housing, facilities, or structures that would cause environmental degradation. Project construction or operation would not result in an exceedance for any criteria air pollutant for which the region is in nonattainment; therefore, there would be no cumulatively considerable net increase in criteria pollutants.

The project would be consistent with local, state, and federal regulations pertaining to the protection and mitigation of impacts to sensitive resources. Compliance with Mitigation Measure BIO-1 would ensure potential harm to migrating birds is mitigated, and Mitigation Measure TCR-1 would ensure that potential cumulative loss of tribal resources is mitigated, therefore the project would not result in a cumulative loss of either biological or tribal cultural resources. All identified potentially significant impacts from construction and implementation would be reduced to less than significant with the mitigation measures that have been included in the project. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Less Than Significant Impact with Mitigation Incorporated All potential impacts associated with construction and implementation of the project that could cause a substantial adverse effect on human beings are either less than significant or less than significant after mitigation. Mitigation Measure HAZ-1 would ensure construction workers and sensitive receptors are protected from inadvertent exposure to contaminated soils during construction activities that penetrate the cap, as well as protect water quality. Additionally, implementation of BMPs and compliance with state and federal regulations protecting human and environmental health during construction, such as preparation of a SWPPP and Spill Prevention Plan and air quality construction controls, will ensure there are no significant impacts on human health. Therefore, the project would not result in environmental effects that cause substantial adverse effects on human beings either directly or indirectly.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Mitigation Monitoring and Reporting Plan Emeryville, CA Initial Study/Mitigated Negative Declaration November 2025 89 5 Mitigation Monitoring and Reporting Plan
CEQA requires review of any project that could have significant adverse effects on the environment. In 1988, CEQA was amended to require reporting on and monitoring of mitigation measures adopted as part of the environmental review process. This Mitigation Monitoring and Reporting Plan is designed to aid the City in their implementation and monitoring of measures proposed in the IS for the proposed project.

Table 3 provides details of the Mitigation Monitoring and Reporting Plan (MMRP). The mitigation measures are taken from the IS and are assigned the same number as in the IS. The MMRP describes the actions that must take place to implement each mitigation measure, the timing of those actions, and the entities responsible for implementing and monitoring the actions.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project Mitigation Monitoring and Reporting Plan Emeryville, CA Initial Study/Mitigated Negative Declaration November 2025 90 Table 3. Mitigation and Monitoring Plan
Mitigation
Measure Mitigation Activities Implemented By Monitored By Timing and Frequency Verification of
Compliance
BIO-1
If any construction activities (e.g., demolition) are
scheduled during the bird nesting season (typically
defined by CDFW as February 1 to September 1), the City or approved construction contractor shall retain a
qualified biologist to conduct a pre-construction survey of the project area, including a 100-foot buffer, as access is available, to locate active bird nests, identify measures to protect the nests, and locate any other special status
species.

The pre-construction survey shall be conducted no more
than 14 days prior to the implementation of construction activities (including staging and equipment storage). Any active nest should not be disturbed until the young have fledged or under the direction provided by a qualified
biologist. Any special status species shall not be disturbed without the direction of a qualified biologist. If an active nest is found during construction, disturbance shall not occur without direction from a qualified biologist.

City of Emeryville,
Qualified Biologist
Project Contractor City of Emeryville
No more than 14 days
prior to construction,
once at the start of
nesting season
Verified by:

Date:

HAZ-1
The contractor will prepare a Soil Management Plan that will address soil and groundwater excavation, disposal, stockpiling, and transportation. The Soil Management
Plan shall explicitly address handling and disposal of soil, on-site soil management, off-site soil disposal, profiling of soil, transportation routes, and dust mitigation controls.

Project Contractor City of Emeryville Prior to and during construction
Verified by:

Date:

TCR-1
The City shall ensure implementation all nonstandard
conditions required in the Finding of No Adverse Effect and Post Development Resource Monitoring Plan as
required by Caltrans and approved by the Tribes,
Caltrans, and the State Office of Historic Preservation.

Tribal Representative,
Qualified
Archaeologist,
Contractor
City of Emeryville
Prior to and during
ground disturbing
activities
Verified by:

Date:

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project References Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 91 6 References
AC Transit. 2025. “AC Transit Realtime.” https://www.actransit.org/actransit-realtime#tab1.

Alameda County Community Development Agency. 2020. “Parcels Under Williamson Act Contract in Unincorporated RM, WM, and LPA Designations.”
https://www.acgov.org/cda/planning/landuseprojects/documents/MapofParcelsWilliamsonAct. pdf.

Bay Area Air Quality Management District (BAAQMD). 2022. CEQA Guidelines: Chapter 5, Project Air Quality Impacts. San Francisco: Bay Area Air Quality Management District. https://www.baaqmd.gov/en/plans-and-climate/california-environmental-quality-actceqa/updated-ceqa-guidelines.

Bay Area Air Quality Management District (BAAQMD). 2017. “Air Quality Standards and Attainment Status.” https://www.baaqmd.gov/en/about-air-quality/research-and-data/air-qualitystandards-and-attainment-status.

California Air Pollution Control Officers Association. 2022. California Emissions Estimator Model (CalEEMod), Version 2022.1. https://www.caleemod.com.

California Air Resources Board (CARB). 2022. 2022 Scoping Plan for Achieving Carbon Neutrality. https://ww2.arb.ca.gov/sites/default/files/2022-11/2022-sp.pdf.

California Air Resources Board (CARB). n.d. “Inhalable Particulate Matter and Health (PM2.5 and PM10).” Accessed November 17, 2025. https://ww2.arb.ca.gov/resources/inhalable-particulatematter-and-health.

California Air Resources Board (CARB). 2020. “What is Ozone?” https://ww2.arb.ca.gov/resources/factsheets/what-ozone.

California Department of Conservation. 2021a. “California Tsunami Maps.” https://www.conservation.ca.gov/cgs/tsunami/maps.

California Department of Conservation. 2021b. “Alameda County Tsunami Hazard Areas.” https://www.conservation.ca.gov/cgs/tsunami/maps/alameda.

California Department of Conservation. 2022. “California Important Farmland Finder Mapper.” https://maps.conservation.ca.gov/DLRP/CIFF/.

California Department of Fish and Wildlife. n.d. “California Natural Diversity Database.” Accessed November 11, 2025. https://wildlife.ca.gov/Data/CNDDB.

California Department of Toxic Substance Control (DTSC). n.d. “Hazardous Waste and Substance Site List (Cortese).” Accessed October 5, 2025.
https://www.envirostor.dtsc.ca.gov/public/search?cmd=search&reporttype=CORTESE&site_typ e=CSITES,FUDS&status=ACT,BKLG,COM&reporttitle=HAZARDOUS+WASTE+AND+SUBSTANCES+S ITE+LIST+%28CORTESE%29.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project References Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 92 California Department of Transportation (Caltrans). 2025b. “California Road System – Functional Classification.”
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=026e830c914c495797c96 9a3e5668538.

California Department of Transportation (Caltrans). 2018. “California State Scenic Highway System Map.”
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e805 7116f1aacaa.

California Department of Transportation (Caltrans). 2023. Visual Impact Assessment Handbook. Sacramento, CA. https://dot.ca.gov/-/media/dot-media/programs/design/documents/viahandbook--a11y.pdf.

California Department of Transportation (Caltrans). 2024a. “Standard Environmental Reference, Chapter

2.” https://dot.ca.gov/programs/environmental-analysis/standard-environmental-reference-ser.

California Department of Transportation (Caltrans). 2024b. Construction Site Best Management Practices (BMP) Manual. CTSW-RT-24-425.11.1. Sacramento, CA. https://dot.ca.gov/-/media/dotmedia/programs/construction/documents/environmental-compliance/construction-sitebmps_final-march-2024_a11y.pdf.

California Department of Transportation (Caltrans). 2024c. “Standard Specifications.” https://dot.ca.gov/-/media/dot-media/programs/design/documents/2024_stdspecs-a11y.pdf.

California Department of Transportation (Caltrans). 2025a. “Caltrans Roadway Vista Point Locations.” https://gisdatacaltrans.opendata.arcgis.com/datasets/56afa8c826fc4bc0af3b6bf1cd7d5c2a_0/explore?locatio n=37.834960%2C-122.290908%2C15.99.

California Natural Resources Agency. 2018. California Environmental Quality Act: Appendix G, Environmental Checklist Form. https://resources.ca.gov/CNRALegacyFiles/ceqa/docs/ab52/finalapproved-appendix-G.pdf.

California State Water Resource Control Board (SWRCB). 2024. Water Quality Control Plan (Basin Plan) for the San Francisco Bay Basin.
https://www.waterboards.ca.gov/sanfranciscobay/basin_planning.html.

City of Emeryville. 2016. Climate Action Plan 2.0.
https://www.emeryville.org/files/assets/city/v/1/public-works/documents/climateaction/emeryville-cap-2016-final.pdf.

City of Emeryville. 2019a. Emeryville General Plan. Amended 2019. https://www.emeryville.org/files/assets/city/v/1/development/documents/planning/completegeneral-plan-as-amended-through-09-03-19-corrected-11-22-19_201911221412576130.pdf.

ATPL-5106(010) 40th Street Transit and Multi-Modal Enhancements Project References Emeryville, CA
Initial Study/Mitigated Negative Declaration November 2025 93 City of Emeryville. 2019b. Green Infrastructure Plan. https://www.emeryville.org/Services/Environmental-Services/Water-StormwaterServices#:~:text=In%202019%2C%20City%20of%20Emeryville%20adopted%20a%20Green,and% 20reporting%20of%20green%20infrastructure%20projects%20in%20Emeryville.

City of Emeryville. 2019c. Local Hazard Mitigation Plan Update. https://www.emeryville.org/Development/Planning-Division/General-Plan/General-Plan-andSupporting-Documents.

City of Emeryville. 2023. City of Emeryville Active Transportation Plan. https://www.emeryville.org/files/assets/city/v/1/development/documents/planning/activetransportation-plan/1_final-atp_full-plan_10-17-2023.pdf.

City of Emeryville. 2024. City of Emeryville Municipal Code, Chapter 10. https://www.codepublishing.com/CA/Emeryville/.

City of Emeryville. 2025. “City Parks.” https://www.emeryville.org/Recreation/City-Parks.

City of Emeryville. n.d. Emeryville Park Matrix. Accessed October 16, 2025. https://www.emeryville.org/files/assets/city/v/1/community-services/documents/parks/parksmatrix-2022_202203301514439984.pdf.

City of Oakland. 2024. “Oakland Zoning Map.” https://www.oaklandca.gov/Planning-Building/PlanningZoning/Zoning/View-the-City-Zoning-Map.

Emery-Go-Round. 2020. “Standard Service Map.” https://emerygoround.com/standard-service/.

Fehr & Peers. 2025. 40th Street Multimodal Project – Technical Memorandum: Multimodal Transportation Analysis (Part 1 and Part 2).

Governor’s Office of Planning and Research (OPR). 2018. Technical Advisory on Evaluating Transportation Impacts in CEQA. https://lci.ca.gov/docs/20180416- 743_Technical_Advisory_4.16.18.pdf.

NCE. 2025. Hazards Memorandum – Adjacent Regulated Facility Review, 40th Street Transit Multi-Modal Project.

State of California Department of Finance. 2025. January Population and Housing Estimates. https://dof.ca.gov/Forecasting/Demographics/Estimates/.

Tremaine & Associates, Inc. 2025. Archaeological Survey Report - 40th Street Transit-Only Lanes and Multimodal Enhancements Project, City of Emeryville, Alameda County, California.

U.S. Fish and Wildlife Service (USFWS). n.d. “National Wetlands Inventory.” U.S. Department of the Interior, Fish and Wildlife Service. https://www.fws.gov/program/national-wetlandsinventory/wetlands-mapper.

Appendix A
Community Impact Memorandum
Diablo Engineering Group
1300 Clay St, Suite 600
Oakland, CA 94612
[email protected]
(510) 550-8959
November 17, 2025 Mohamed Alaoui Public Works Director City of Emeryville 1333 Park Avenue Emeryville, CA 94608 Subject: Community Impacts Assessment (CIA) Memo – 40th Street Multimodal Project Dear Mr. Alaoui:

As the prime consultant for the project, Diablo Engineering Group has worked closely with CD+A on the outreach, Fehr & Peers on the traffic analysis and NCE on the environmental clearance for the 40th Street Multimodal Project.

An impact on the community will be the reduction of parking spaces and its effect on businesses. Summarized in the table below are the parking impacts and businesses coordinated with by block along Westbound 40th Street.

BLOCKS # STALLS REMOVED # STALLS CONVERTED
(ADA)
Businesses:

Block 1: Halleck ST to
Hubbard ST
1 1 Buttner Properties (Pottery
and Beyond)
Block 2: Hubbard ST to
Horton ST
3 0 (1 EX ADA STALL) Rug Depot/ Bon Motif, POP
Manufacturing, Bay Wheels
Block 3: Horton ST to
Holden St
3 1 The Watermark
Block 4: Holden ST to
Hollis ST
11 1 Granite Expo
Block 5: Hollis ST to Haven
ST
5 0 (4 EX ADA STALLS) City Hall (Public)
Block 6: Haven ST to
Harlan ST
7 1 Scan Art Print, Computer
Link, Oxide Computer, 1251-1259 Park Ave Commercial Property Owners Block 7: Harlan ST to
Watts ST
7 1 Park Business Center HOA
Watts ST to Emery ST No impactEmery ST to San Pablo
Ave
3 1 No response from
businesses
San Pablo AVE to Adeline
ST
No impact
Adeline to Yerba Buena
(south)
1 1 No response from
businesses
Adeline to Linden ST
(north)
1 1 No response from
businesses

ENGINEERING GROUP

Page 2 of 5 ends

Emeryville City CouncilMarch 17, 2026

Emeryville City Council
March 17, 2026