Fremont City Council
November 18, 2025

Final Mitigated Negative Declaration
Morrison Canyon Road
Storm Repair and Mitigation

August 27, 2025
Prepared by
EMC Planning Group

This document was produced on recycled paper.

FINAL MITIGATED NEGATIVE DECLARATION

MORRISON CANYON ROAD

STORM REPAIR AND MITIGATION

PREPARED FOR
City of Fremont Public Works Department
39550 Liberty St.

Fremont, CA 94538

PREPARED BY
EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Tel 831.649.1799
Fax 831.649.8399
Shoshana Lutz, Senior Planner
[email protected]
www.emcplanning.com
August 27, 2025

Mitigated Negative Declaration 1 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation August 2025

MITIGATED NEGATIVE DECLARATION
In Compliance with the
California Environmental Quality Act (CEQA)
Project Name Morrison Canyon Road Storm Repair and Mitigation Lead Agency City of Fremont
Project Proponent City of Fremont Public Works Department Project Location Morrison Canyon Road, City of Fremont
Project Description Proposed improvements consist of repairing the damage that occurred during the extreme storm events. The heavy rains saturated the adjacent uphill slope and downhill embankment, resulting in rockslides, debris, and landslides that damaged and fractured/cracked the pavement. Some sections of pavement (and curb) detached and slid into the downhill embankment.

The proposed repair project would consist of repairing the roadway and installing a soldier pile and lagging retaining wall on the downhill slope/embankment side to stabilize the slope and provide the stability necessary for the repair. To stabilize the uphill slope, the project proposes to install high strength wire mesh anchored by soil nails. Additionally, if damage is discovered in the buried culverts, the project would repair the damage, which would involve trenching of approximately 1-1.5 feet in width and approximately 3 feet in depth and replacing the pipe in-kind.

Public Review Period September 2, 2025 – October 2, 2025 Written Comments To Mark Hungerfod, Senior Planner
39550 Liberty St., Fremont, CA 94538

Proposed Findings The City of Fremont is the custodian of the documents and other material that constitute the record of proceedings upon which this decision is based.

The initial study indicates that the proposed project has the potential to result in significant adverse environmental impacts.

However, the mitigation measures identified in the initial study would reduce the impacts to a less than significant level. There is no substantial evidence, in light of the whole record before the lead agency (City of Fremont) that the project, with mitigation measures incorporated, may have a significant effect on the environment. See the following project-specific mitigation measures:

Mitigated Negative Declaration 2 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation August 2025 Mitigation Measures
Biological Resources
BIO-1 Focused Plant Surveys. During the peak blooming periods (June and August) for chaparral harebell, most beautiful jewel flower, and Congdon’s tarplant prior to ground disturbance, a biologist qualified in Alameda County botany shall conduct a focused survey of the proposed area of impact (including construction staging areas).

Surveys will be conducted in accordance with current CDFW and CNPS rare plant survey protocols (CDFW 2018 and CNPS 2001). The surveys will occur during the peak blooming period for each species to determine its presence or absence. Based on the known blooming periods of these special-status plant species, two surveys would be necessary to adequately survey the project site: the first in June, the second in August.

BIO-2 Alameda Whipsnake. The City of Fremont shall obtain an Incidental Take Permit from the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) for potential project impacts to Alameda whipsnake, and implement all avoidance, minimization, and compensatory mitigation measures required by these permits. The extent of protection measures will be finalized in Incidental Take Permits, including, but not limited to, the following:
a. Qualified project biologists approved by the USFWS and CDFW shall supervise and/or implement all species protection measures. Construction supervisors shall attend a training session regarding the protection measures (see Mitigation Measure BIO-3). Construction contracts shall expressly include language requiring compliance with protection measures.
b. At least 15 days prior to ground disturbance, the City of Fremont shall submit the name and credentials of the project biologists who would implement protective measures. No project activities shall begin until the City of Fremont has received written approval from the USFWS and CDFW that the project biologists are qualified to conduct the work.
c. The project biologists shall have the authority to halt construction work at any time to prevent harm to Alameda whipsnake or when any of the permit-specified protection measures have been violated. Work shall re-commence only when authorized by the project biologists. If work is stopped due to potential harm to protected species, the project biologists shall contact the USFWS and/or CDFW by telephone or email on the same day to communicate the event and coordinate appropriate action.
d. A project biologist shall be present during all initial ground disturbance activities; the biologist shall conduct biological construction monitoring in all work areas with potential to impact Alameda whipsnake. Before the start of work each day, a designated monitor shall check for wildlife under any equipment such as vehicles and Mitigated Negative Declaration 3 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation August 2025 stored pipes within active construction zones that are fenced. A designated monitor shall also check all excavated steep-walled holes or trenches greater than one foot deep for trapped animals. If Alameda whipsnake is observed within an active construction zone, a project biologist shall be notified immediately and all work within 100 feet of the individual animal shall be halted and all equipment turned off until the animal has left the area on its own accord or the biologist has captured and removed the individual from the work area. Alameda whipsnake shall only be relocated to a USFWS /CDFW -approved off-site location according to permit specifications.
e. Special-status species shall be excluded from the project site by installing exclusionary fencing (i.e., silt fencing or other appropriate fencing) where possible.

This will prevent construction from expanding into natural areas and prevent any special-status species that may migrate through the site from becoming harmed during ground disturbing work. A USFWS and CDFW approved biologist will conduct weekly exclusionary fence inspections to ensure that any breaks in the fencing are repaired.

BIO-3 Worker Environmental Awareness Program (WEAP). Before construction activities begin, the qualified, approved project biologist(s) shall conduct a worker environmental awareness training session for all construction personnel. At a minimum, the training shall include a description of protected biological resources, species descriptions and habitat requirements, and general measures being implemented to protect sensitive resources during construction. Informational handouts with photographs clearly illustrating species appearances shall be used in the training session.

Training topics shall include special-status species with potential to occur on the project work sites as determined by final site plan impact boundaries and results of focused surveys. Species discussed shall include Alameda whipsnake, California red- legged frog, foothill yellow-legged frog, California tiger salamander, San Francisco dusky footed woodrat, special-status bumblebees, special-status bats, and nesting birds and raptors.

The training session shall include information about steps to take if a special-status species is encountered, including contact information for the biological monitoring staff and measures to protect species during construction. Additionally, the biological monitor shall be available to answer any questions about the special-status species. All new construction personnel shall undergo this mandatory worker environmental awareness training when they start work on the project. Training shall occur prior to the start of construction and periodically, as needed, if new construction personnel begin work at the project site. Each worker shall sign a statement that they received training and the statement shall be posted or easily available for viewing at the project site.

Mitigated Negative Declaration 4 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation August 2025 BIO-4 Special-Status Amphibians. The City of Fremont shall obtain an Incidental Take Permit from the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) for potential project impacts to California red‐legged frog, foothill yellow-legged frog and California tiger salamander, and implement all avoidance, minimization, and compensatory mitigation measures required by these permits. The extent of protection measures will be finalized in Incidental Take Permits, including, but not limited to, the following:
 Direct impacts to potential breeding habitat (Morrison Creek) will be avoided.  Ground‐disturbing activities within upland areas will be limited to dry weather between April 15 and October 31. No ground‐disturbing work will occur during wet weather. Wet weather is defined as when there has been 0.25 inch of rain in a 24‐hour period. Ground‐disturbing activities halted due to wet weather may resume when precipitation ceases and the National Weather Service 72‐hour weather forecast indicates a 30 percent or less chance of precipitation. No ground‐disturbing work will occur during a dry‐out period of 48 hours after the above referenced wet weather. If construction would need to continue past October 31, the applicant will request an authorization from USFWS and CDFW to extend the work period.
 Where applicable, exclusion fencing will be installed around the worksite to prevent amphibians from entering the work area. Exclusion fencing will be removed within 72 hours of completion of work.
 Before construction begins, a qualified biologist will locate appropriate relocation areas and prepare a relocation plan for special‐status amphibians that may need to be moved during construction. The proponent will submit this plan to USFWS and CDFW for approval prior to the start of construction.
 A qualified biologist will conduct preconstruction surveys immediately prior to ground-disturbing activities (including equipment staging, vegetation removal, and grading). The biologist will survey the work area and all suitable habitat within 300 feet of the work area. If relocation is deemed necessary, it will be conducted in accordance with the relocation plan.  If special‐status amphibians are found in the work area during construction and cannot or do not move off-site on their own, a USFWS and/or CDFW‐ approved biologist will trap and move special‐status amphibians in accordance with the relocation plan.
 No monofilament plastic mesh or line will be used for erosion control.

Mitigated Negative Declaration 5 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation August 2025  All construction activity will terminate 30 minutes before sunset and will not resume until 30 minutes after sunrise during the migration/active season from November 1 to June 15. Sunrise and sunset times are established by the U.S.

Naval Observatory Astronomical Applications Department for the geographic area where the project is located.
 To prevent inadvertent entrapment of special‐status amphibians during construction, all excavated, steep‐walled holes or trenches more than six inches deep will be provided with one or more escape ramps constructed of earth fill or wooden planks and will be inspected prior to being filled.  Work crews or an onsite biological monitor will inspect open trenches, pits, and under construction equipment and material left on-site in the morning and evening to look for amphibians that may have become trapped or are seeking refuge.

BIO-5 San Francico Dusky-Footed Woodrat. Prior to issuance of demolition and grading permits, a qualified biologist shall conduct preconstruction surveys for woodrat nests between 14 and 30 days prior to demolition or construction activities within 25 feet of wooded areas. If no nests are found, a letter report shall be prepared by the biologist and submitted to the City of Fremont, where it shall be kept on file, and no further measures are required.

If woodrat nests are observed, the nests shall be flagged for avoidance of direct impacts where feasible. If avoidance is not possible, the nest(s) shall be manually deconstructed and rebuilt when young are not present, typically during the non- breeding season (October through January). If it is determined that young may be present during the preconstruction survey, a suitable buffer (determined by the qualified biologist) shall be established around the nest until the young are independent enough to successfully move from the deconstructed nest. Once nest(s) have been deconstructed and woodrats have left the construction area, a letter report shall be prepared by the biologist and submitted to the City of Fremont, where it shall be kept on file.

BIO-6 Special-Status Bumblebees. Prior to construction activities a qualified biologist will conduct a pre-construction survey of small mammal burrows and thatched/bunch grasses for western bumble bee activity during the optimal flight period (April 1 – July 31). If the survey results are negative (i.e., no bumble bee activity observed), a letter report confirming absence will be prepared and submitted to the City of Fremont and no further mitigation is required.

If bumble bee nests are detected and the area can be avoided, a qualified biologist shall supervise the installation of protective fencing/flagging a minimum of 50 feet around the nest area prior to construction. The fencing/flagging will be checked at least once per week until construction is complete to ensure that the protective fencing/flagging remains intact. The qualified biologist can conduct the weekly Mitigated Negative Declaration 6 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation August 2025 checks or train a biological monitor selected from the construction crew by the construction contractor (typically the project foreman) to check the fencing/flagging and provide weekly updates. Documentation of the fencing/flagging installation shall be provided to the City prior to the start of ground disturbance activities.

Documentation of the weekly checks and timely maintenance (if needed) shall be provided to the City quarterly during construction.

If bumble bee nests are detected and the area cannot be avoided, the qualified biologist shall coordinate with CDFW to determine the appropriate method of relocation or eviction of the nests. After it has been confirmed that the habitat area is no longer occupied, a letter report will be prepared and submitted to the City of Fremont.

BIO-7 Special-Status Bat Species. The following measures shall be implemented to avoid loss of or harm to special-status bat species:

1. Prior to issuance of demolition and grading permits and approximately 14 days prior to any construction activities, a qualified biologist shall conduct a habitat assessment for bats and potential roosting sites in trees or buildings within 50 feet of the construction easement. These surveys shall include a visual inspection of potential roosting features (bats need not be present) and a search for presence of guano within the project site, construction access routes, and 50 feet around these areas. Cavities, crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or roost habitat for bats shall be surveyed. Assumptions can be made on what species is present due to observed visual characteristics along with habitat use, or the bats can be identified to the species level with the use of a bat echolocation detector such as an “Anabat” unit. Potential roosting features found during the survey shall be flagged or marked.

2. If no roosting sites or bats are found, a letter report shall be prepared by the biologist and submitted to the City of Fremont, where it shall be kept on file, and no further measures are required.

3. If bats or roosting sites are found, bats shall not be disturbed without specific notice to and consultation with CDFW.

4. The nursery season is typically from May 1 to October 1. If bats are found roosting outside of the nursery season, CDFW shall be consulted prior to any eviction or other action. If avoidance or postponement is not feasible, a Bat Eviction Plan shall be submitted to CDFW for written approval prior to project implementation. A request to evict bats from a roost includes details for excluding bats from the roost site and monitoring to ensure that all bats have exited the roost prior to the start of activity and are unable to re-enter the roost until activity is completed. Any bat eviction shall be timed to avoid lactation and Mitigated Negative Declaration 7 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation August 2025 young-rearing. If bats are found roosting during the nursery season, they shall be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat pups. Because bat pups cannot leave the roost until they are mature enough, eviction of a maternal roost cannot occur during the nursery season. Therefore, if a maternal roost is present, a 50-foot buffer zone (or different size if determined in consultation with the CDFW) shall be established around the roosting site within which no construction activities shall occur until after the nursery season BIO-8 Protected Nesting Birds and Raptors. To avoid impacts to nesting birds and raptors during the nesting season (January 15 through September 15), all construction activities shall be conducted between September 16 and January 14, which is outside of the bird nesting season. If construction or project-related work is scheduled during the nesting season (February 15 to August 30 for small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), a qualified biologist shall conduct nesting bird surveys. a. Two surveys for active bird nests shall occur within 14 days prior to start of ground disturbance, with the final survey conducted within 48 hours prior to ground disturbance. Appropriate minimum survey radii surrounding each work area are typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys shall be conducted at the appropriate times of day to observe nesting activities. Locations off the site to which access is not available may be surveyed from within the site or from public areas. If no nesting birds are found, a letter report confirming absence shall be prepared and submitted to the City of Fremont and no further mitigation is required. b. If the qualified biologist documents active nests within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently. Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if birds show signs of unusual or distressed behavior (e.g., defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest). If buffer establishment is not possible, the qualified biologist or construction foreman shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active. Once the absence of nesting birds has been confirmed, a letter report shall be prepared and submitted to the City of Fremont.

Mitigated Negative Declaration 8 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation August 2025 BIO-9 Sensitive Natural Communities. To minimize impacts to California bay woodlands, the project shall be designed to avoid impacts to riparian habitat to the extent possible. If impacts to California bay woodlands habitat cannot be avoided, the City of Fremont shall:

1. Mitigate for direct impacts to California bay woodlands at a 1:1 ratio through implementation of a Restoration Plan prepared by a qualified biologist/restoration ecologist. The plan shall include, but not be limited to, the following elements:
a. Erosion control measures shall be developed to protect the exposed slopes after grading. Construction measures including Best Management Practices (BMPs), time-of-year-restrictions, water pollution prevention, erosion control, and tree root protection shall be included to further minimize erosion and impacts to riparian and aquatic habitat. BMPs intended to reduce erosion of exposed soil into the bed and banks of the creek may include, but are not limited to, soil stabilization controls, silt fencing, and fiber rolls. Standard erosion control and slope stabilization measures shall be required for work performed in any area where erosion could lead to sedimentation of the creek.
b. A planting plan including measures to stabilize riparian slopes through revegetation shall be developed. Slope stabilization shall incorporate local, native California bay woodland understory species capable of increasing soil stability, and California bay replacement at a 3:1 ratio or another ratio provided by the City of Fremont. Species from the California Invasive Plant Council’s (Cal-IPC) Invasive Plant List (Cal- IPC 2025) shall be removed if present.
c. Maintenance and monitoring measures shall detail the maintenance, monitoring, and reporting required for the restoration of the site. The site shall be maintained and monitored for a minimum of five years after restoration to verify that restoration activities have been successful. Maintenance activities may include, but not be limited to, watering during the plant establishment period, supplemental seed planting as needed, and removal of non-native plants. Monitoring shall include, at a minimum, quarterly monitoring reports for the first year and annual reports for the remaining four years. The performance standard for successful mitigation shall be a minimum 3:1 tree replacement ratio achieved in year five of monitoring. If mortality of tree plantings reduces the survival to below the 3:1 ratio, replanting shall be implemented to ensure the successful establishment of native riparian habitats sufficient to achieve the required acreages.

Mitigated Negative Declaration 9 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation August 2025 BIO-10 Jurisdictional Wetlands/Waterways. Road work and asphalt block removal shall be designed to minimize impacts to the riparian woodland and waters to the extent feasible. Prior to ground disturbance, the extent of potential wetlands and waterways regulated by the United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and CDFW shall be determined (wetland delineation report), and regulatory agency consultations shall occur.
a. If impacts to a federally jurisdictional feature may occur as a result of the project, a Clean Water Act Section 404 Nationwide Permit (NWP) may be appropriate. If the proposed activity would not otherwise qualify for a NWP, the applicant shall proceed with obtaining an Individual Permit from the USACE. For either permit, a formal wetland delineation report shall first be submitted to the USACE for a jurisdictional determination. b. If impacts to wetlands or waters of the State may occur as a result of the project, the applicant shall coordinate with the RWQCB to obtain a Clean Water Act Section 401 Water Quality Certification or Water Discharge Requirements Permit. If impacts to wetlands, riparian areas, or streams are identified, the applicant shall coordinate with the CDFW to obtain a Streambed Alteration Agreement.

Mitigated Negative Declaration 10 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation August 2025

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This document was produced on recycled paper.

FINAL INITIAL STUDY

MORRISON CANYON ROAD

STORM REPAIR AND MITIGATION

PREPARED FOR
City of Fremont Public Works Department
39550 Liberty St.

Fremont, CA 94538

PREPARED BY
EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Tel 831.649.1799
Fax 831.649.8399
Shoshana Lutz, Senior Planner
[email protected]
www.emcplanning.com
August 27, 2025

EMC Planning Group Inc.

TABLE OF CONTENTS
A. BACKGROUND ..................................................................................................................... 1 B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ............................................. 13 C. DETERMINATION .............................................................................................................. 14 D. EVALUATION OF ENVIRONMENTAL IMPACTS ............................................................. 15

1. Aesthetics .............................................................................................................................. 17

2. Agriculture and Forest Resources...................................................................................... 19

3. Air Quality ............................................................................................................................. 21

4. Biological Resources ............................................................................................................ 26

5. Cultural Resources ............................................................................................................... 50

6. Energy .................................................................................................................................... 53

7. Geology and Soils ................................................................................................................ 55

8. Greenhouse Gas Emissions ............................................................................................... 59

9. Hazards and Hazardous Materials ..................................................................................... 60

10. Hydrology and Water Quality ............................................................................................ 62

11. Land Use and Planning ....................................................................................................... 64

12. Mineral Resources ................................................................................................................ 65

13. Noise ...................................................................................................................................... 66

14. Population and Housing ..................................................................................................... 68

15. Public Services ...................................................................................................................... 69

16. Recreation ............................................................................................................................. 70

17. Transportation ...................................................................................................................... 71

18. Tribal Cultural Resources ................................................................................................... 72

19. Utilities and Service Systems .............................................................................................. 73

20. Wildfire .................................................................................................................................. 75

21. Mandatory Findings of Significance .................................................................................. 77 E. SOURCES ............................................................................................................................. 79 EMC Planning Group Inc.

Appendices
Appendix A Project Plans
Appendix B CalEEMod Results
Appendix C Special-Status Species with the Potential to Occur in the Project Vicinity Appendix D Geotechnical Evaluation
Figures
Figure 1 Location Map ..................................................................................................................... 5 Figure 2 Aerial Map .......................................................................................................................... 7 Figure 3 Site Photographs ............................................................................................................... 9 Figure 4 Conceptual Plan ............................................................................................................... 11 Figure 5 Habitat Map ..................................................................................................................... 29 Figure 6 Special-Status Species Map ............................................................................................ 33 Tables
Table 1 Potentially Applicable Control Measures (2017 Clean Air Plan) ............................. 22 Table 2 Project Characteristics .................................................................................................... 23 Table 3 Unmitigated Construction Criteria Air Pollutant Emissions .................................... 24

Section A Background 1 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 A. B ACKGROUND
Background/Setting
During the extreme storm events that occurred in December 2022/January 2023, an approximate 300-foot section of Morrison Canyon Road was severely damaged, and several drainage culverts along the roadway were buried by landslide and rock slide debris.

Morrison Canyon Road provides emergency vehicle access for two private residences that take access from a private street, Ridge Terrace Lane. The roadway is also used recreationally as a pedestrian and bicycle trail that provides access to the Vargas Plateau (a Regional Park).

Morrison Canyon Road runs east from Mission Boulevard in Fremont through Morrison Canyon. The roadway is paved but narrow, essentially one lane wide in most locations. Morrison Creek is located downslope of Morrison Canyon Road. The steep, adjacent hillsides upslope and downslope of the roadway are approximately ⅓:1 to 1:1 (horizontal to vertical). The slope ration in the hillside is approximately 2:1 H:V in most locations.

Ninyo & Moore, a geotechnical consultant for the City of Fremont, conducted a site reconnaissance on April 12, 2023, and observed the conditions of the landslides above and below Morrison Canyon Road. The locations of their observations were limited to an approximately 600-foot length of roadway, from just west of the Morrison Canyon Bridge extending east to just before the intersection of Morrison Canyon Road and Ridge Terrace Lane (a private road that provides access to two residences).

Project Title Morrison Canyon Road Storm Repair and
Mitigation
Lead Agency Contact Person
and Phone Number
Mark Hungerford, Senior Planner
(510) 494-4541
Date Prepared August 27, 2025
Study Prepared by EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Project Location Morrison Canyon Road, City of Fremont
Project Sponsor Name and Address City of Fremont Public Works Department 39550 Liberty St.

Fremont, CA 94538
General Plan Designation Open Space
Zoning Open Space (OS)

Section A Background 2 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Rockfall deposits and landslide debris were observed covering the roadway and had heavily damaged portions of the pavement. Looking up to the adjacent hillside, the team observed adverse bedding of the bedrock. On the outboard edge of the roadway, downslope slides have encroached into the roadway and caused sections of pavement to detach. In addition, longitudinal tension cracks were observed in the pavement in an approximately 20-foot section along the roadway.

Project Location
The project site is located on a portion of Morrison Canyon Road, which in its entirety runs east from Mission Boulevard (State Route 238) in Fremont through Morrison Canyon. The City of Fremont is located at the southeast end of the San Francisco Bay, approximately 25 miles southeast of the City of San Francisco and approximately 15 miles north of the City of San Jose.

The project site (i.e., roadway) is located approximately 0.4 miles east of the eastern edge of Fremont’s urbanized area, approximately 0.75 miles east of State Route 238, approximately one mile southeast of State Route 84, and approximately 2.25 miles northwest of Interstate 680.

Figure 1, Location Map, presents the regional location of the project site. Figure 2, Aerial Map, illustrates the existing on-site and surrounding uses and other features. Figure 3, Site Photographs, shows representative conditions within and bordering the site.

Description of Project
Proposed improvements consist of repairing the damage that occurred during the extreme storm events. The heavy rains saturated the adjacent uphill slope and downhill embankment, resulting in rockslides, debris, and landslides that damaged and fractured/cracked the pavement. Some sections of pavement (and curb) detached and slid into the downhill embankment.

The proposed repair project would consist of repairing the roadway and installing a soldier pile and lagging retaining wall on the downhill slope/embankment side to stabilize the slope and provide the stability necessary for the repair. To stabilize the uphill slope, the project proposes to install high strength wire mesh anchored by soil nails. Additionally, if damage is discovered in the buried culverts, the project would repair the damage, which would involve trenching of approximately 1-1.5 feet in width and approximately 3 feet in depth and replacing the pipe in- kind.

The roadway and hillside stabilization area, which is comprised of approximately 300 feet, and the location of all the culverts that may need repair can be seen on Figure 2. No tree removal or significant tree pruning is anticipated.

Figure 4, Conceptual Plan, presents the proposed roadway and slope improvements.

Section A Background 3 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Other Public Agencies Whose Approval May Be Required
 U.S. Fish and Wildlife Service
 California Department of Fish and Wildlife
 United States Army Corps of Engineers
 Regional Water Quality Control Board
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 determi nation of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
The City sent out offer letters of consultations to the Native American tribes traditionally and culturally affiliated with the project area on March 4, 2025 and one response was received via email on March 7, 2025 from the Wilton Rancheria Tribe. The Tribe indicated they had no comments on the project and did not request consultation (Mark Hungerford, email message, July 29, 2025).

Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21080.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality.

Section A Background 4 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

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k
Project Site
Fremont
Hayward
Milpitas
Source: ESRI 2014
Figure 1
Regional Map
Morrison Canyon Road Storm Repair and Mitigation Initial Study 0 2 miles
Project
Location
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Salinas
UV152Gilroy
Oakland
Fremont
San Jose
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Santa Cruz
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§¨¦280
§¨¦680
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Regional Location
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UV84
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UV238
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Section A Background 6 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

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Canyon Heights Dr.

Ridge Terrace
Morrison Canyon Rd.

Morrison Canyon Rd.

Site 08Site 09
Site 10
Site 01
Site 03
Site 07
0 500 feet
Source: Alameda County GIS 2024,
Google Earth 2024
Figure 2
Aerial Map
Morrison Canyon Road Storm Repair and Mitigation Initial Study Roadway and Hillside Stabilization Improvements
!( Culvert Locations
Approximate Location of Existing Stream
Open Space
Open Space Residences
Residences
D
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Section A Background 8 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

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Mo
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yon Rd.
3 2
1 On Morrison Canyon Road facing east along the
roadway.
3 On Morrison Canyon Road facing east, upslope.2
On Morrison Canyon Road facing southwest,
downslope.
1 Photographs:

EMC Planning Group 2025
Source:

Google Earth 2025
Morrison Canyon Road Storm Repair and Mitigation Initial Study Site Photographs
Figure 3
Roadway and Hillside
Stabilization Improvements
Culvert Locations
0 0
0 ~ □ 0

Section A Background 10 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

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Note: Culvert Locations Not Identified
Morrison Canyon Road Storm Repair and Mitigation Initial Study Conceptual Plan
Figure 4
Source: CSG Consultants 2025Not To Scale
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Section A Background 12 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

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Section B Environmental Factors Potentially Affected 13 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 B. E NVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.

☐ Aesthetics ☐ Greenhouse Gas Emissions ☐ Public Services ☐ Agriculture and Forestry
Resources
☐ Hazards & Hazardous
Materials
☐ Recreation
☐ Air Quality ☐ Hydrology/Water Quality ☐ Transportation ☐ Biological Resources ☐ Land Use/Planning ☐ Tribal Cultural Resources ☐ Cultural Resources ☐ Mineral Resources ☐ Utilities/Service Systems ☐ Energy ☐ Noise ☐ Wildfire
☐ Geology/Soils ☐ Population/Housing ☐ Mandatory Findings of Significance

Section C Determination 14 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 C. D ETERMINATION
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.
☒ 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 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 ENVIRONMENTAL IMPACT REPORT 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 (1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (2) 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.

Mark Hungerford, Senior Planner Date

Section D Evaluation of Environmental Impacts 15 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 D. E VALUATION OF ENVIRONMENTAL IMPACTS

1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors, as well as general standards (e.g., the project would not expose sensitive receptors to pollutants, based on a project- specific screening analysis).

2. All answers must take account of the whole action involved, including off-site as well as onsite, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.

3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.

4. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level.

5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration.

Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.

6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.

7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.

Section D Evaluation of Environmental Impacts 16 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected.

9. The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance

Section D Evaluation of Environmental Impacts 17 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

1. A ESTHETICS
Except as provided in Public Resources Code Section 21099 (Modernization of Transportation Analysis for Transit-Oriented Infill Projects), would the project:

Comments:
a. According to the Final Environmental Impact Report State Clearinghouse Number: 2010082060 Fremont Draft General Plan Update (“General Plan EIR”), significant scenic resources in Fremont are the East Bay hills to the east and the wide, expansive view to the west of the San Francisco Bay and across the Bay to the Peninsula (City of Fremont 2011).

The proposed project involves repairing an existing, damaged road. The project does not include the development of any structures that would obstruct or have any adverse effect on a scenic vista.
b. T he nearest officially designated state scenic highway is State Route 84 located approximately 1.1 miles northwest of the project site (California Department of Transportation 2024). The project does not include the development of any structures that could have an adverse effect on scenic resources. Therefore, the proposed project would not substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Have a substantial adverse effect on a scenic vista? ☐ ☐ ☐ ☒ b. Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic
buildings within a state scenic highway?
☐ ☐ ☐ ☒
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
points.) If the project is in an urbanized area, would
the project conflict with applicable zoning and other
regulations governing scenic quality?
☐ ☐ ☐ ☒
d. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the
area?
☐ ☐ ☐ ☒

Section D Evaluation of Environmental Impacts 18 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 c. The project site is located within a non-urbanized area. The project includes the repairing of an existing, damaged road and stabilizing the hillsides. No structures are proposed and the use and visual character of the area is not changing. Therefore, the project would not substantially degrade the existing visual character or quality of public views of the site and its surroundings.
d. The proposed project does not involve new sources of light or glare and, therefore, would not adversely affect day or nighttime views in the area.

Section D Evaluation of Environmental Impacts 19 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

2. A GRICULTURE AND FOREST RESOURCES
In determining whether impacts on agricultural resources are significant environmental effects and in assessing impacts on agriculture and farmland, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:

Comments:
a. The project site, which is an existing roadway, is located within land designated as Grazing Land (California Department of Conservation 2024). Therefore, the project would not 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.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
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?
☐ ☐ ☐ ☒
b. Conflict with existing zoning for agricultural use, or a Williamson Act contract?
☐ ☐ ☐ ☒
c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
☐ ☐ ☐ ☒
d. Result in the loss of forest land or conversion of
forest land to non-forest use?
☐ ☐ ☐ ☒
e. Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland to nonagricultural use or
conversion of forest land to non-forest use?
☐ ☐ ☐ ☒

Section D Evaluation of Environmental Impacts 20 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 b. Land east of State Route 238, largely in the “Hill Face” and “Hill” areas are under Williamson Act contracts as “Non-Prime” agricultural land (City of Fremont 2011a, p. 6-35). The project site is zoned Open Space (OS) and has a General Plan designation of both Open Space-Hill (beyond Ridgeline) and Open Space-Hill Face. Therefore, the project would not conflict with existing zoning for agricultural use.

The proposed project involves repairing Morrison Canyon Road and includes associated stabilizing activities on the hillsides. Morrison Canyon Road is not located within a Williamson Act contract; however, the upslope land identified for the stabilizing activities is located within a nonrenewal enrollment status (California Department of Conservation 2025). This means that the area is within a Williamson Act contract, but the property owner has submitted a Notice of Nonrenewal to terminate the contract. The land is still subject to all the requirements of the contract until it expires, which is typically nine years from when the notice was submitted.

Nonetheless, due to the nature of the proposed project being a repair project, the project would not conflict with a Williamson Act contract.
c. The General Plan EIR states that there are no forest lands within Fremont and the potential loss of timberlands does not apply (City of Fremont 2011a, p. 4-291). Therefore, the project would not conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
d. There are no forest lands within Fremont (City of Fremont 2011a, p. 4- 291). Therefore, the project would not result in the loss of forest land or conversion of forest land to non- forest use
e. There are no forest lands within Fremont (City of Fremont 2011a, p. 4- 291). The project will repair the damage to an existing roadway and provide additional stabilizing activities for the safety of future use of the roadway. Therefore, the project would not involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to nonagricultural use or conversion of forest land to non-forest use

Section D Evaluation of Environmental Impacts 21 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

3. A IR QUALITY
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations.

Would the project:

The project is located in the San Francisco Bay Air Basin (“air basin”), which is within the jurisdiction of the Bay Area Air Quality Management District (“air district”). The discussion in this section is based primarily on the air district’s California Environmental Quality Act Air Quality Guidelines (2022) (“CEQA Guidelines”) and the Spare the Air Cool the Climate A Blueprint for Clean Air and Climate Protection in the Bay Area – Final Clean Air Plan (2017a) (“Clean Air Plan”), as well as the results of emissions modeling using the California Emission Estimation Model (CalEEMod) version 2022.1.

Comments:
a. The air district has primary responsibility for assuring that national and state ambient air quality standards are attained and maintained in the air basin. CEQA requires that proposed projects be analyzed for conflicts with applicable air quality plans. An air quality plan describes air pollution control strategies to be implemented by a town, city, county, or region classified as a non-attainment area. The main purpose of an air quality plan is to bring the area into compliance with the requirements of federal and state ambient air quality standards.

Attainment status can be found on the air district’s website (2017b). The air basin is currently in nonattainment for both federal and state ozone standards, as well as state standards for coarse particulate matter (PM
10) and fine particulate matter (PM2.5). For all
other state and federal ambient air quality standards, the air basin is either classified as in attainment or unclassified.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Conflict with or obstruct implementation of the
applicable air quality plan?
☐ ☐ ☐ ☒
b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is
nonattainment under an applicable federal or state
ambient air quality standard?
☐ ☐ ☒ ☐
c. Expose sensitive receptors to substantial pollutant
concentrations?
☐ ☐ ☐ ☒
d. Result in other emissions, such as those leading to
odors adversely affecting a substantial number of
people?
☐ ☐ ☐ ☒

Section D Evaluation of Environmental Impacts 22 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 On April 19, 2017, the air district adopted the 2017 Clean Air Plan, which fulfills the mandate required through the Clean Air Act for nonattainment areas, including updated emissions inventory, precursor demonstration, and the demonstration that best available control measure requirements continue to satisfy regional air quality standards. There are 85 control measures in the Clean Air Plan, many of which are applicable only for industrial or regional implementation. The air quality plan control measures that potentially apply to the proposed project are presented below in Table 1, Potentially Applicable Control Measures (2017 Clean Air Plan) along with a brief consistency analysis to determine how the project either does or does not implement each measure.

Table 1 Potentially Applicable Control Measures (2017 Clean Air Plan) Control Measure Number
and Name
Consistency Analysis
SS36 – Particulate Matter from
Trackout
Consistent. This measure addresses mud/dirt and other solid track-out from construction, landfills, quarries and other bulk material sites, that result in particulate emissions. As this is a City-sponsored project, it is assumed that the project would comply with the standard development requirements as stated in the City’s Municipal Code Section 18.218.050.C, requires all visible mud or dirt track-out onto adjacent public roads to be removed using wet power vacuum street sweepers at least once per day.

SS38 – Fugitive Dust Consistent. This measure addresses particulate matter emissions from construction, landfills, quarries and other bulk material sites. As this is a City-sponsored project, it is assumed that the project would comply with the standard development requirements stated in the City’s Municipal Code Section 18.218.050, which requires that all proposed development projects implement the air district’s construction measures to reduce construction-related fugitive dust and exhaust emissions.

SOURCE: Bay Area Air Quality Management District 2017; City of Fremont 2024; EMC Planning Group 2025 Implementation of the control measures described above ensures that the proposed project would be consistent with the 2017 Clean Air Plan. Therefore, construction of the proposed project would not conflict or obstruct implementation of the applicable air quality plan.
b. The six most common and widespread air pollutants of concern, or “criteria pollutants,” are ground-level ozone, nitrogen dioxide, particulate matter, carbon monoxide, sulfur dioxide, and lead. In addition, reactive organic gases (ROG), also referred to as volatile organic gases (VOC), are a key contributor to the criteria air pollutants because they react with other substances to form ground-level ozone. Health effects from prolonged exposures to criteria air pollutants include asthma, bronchitis, chest pain, coughing, and heart diseases.

The air district is responsible for monitoring air quality in the air basin, which is designated under state criteria as a nonattainment area for ozone, as well as both PM 10 and PM2.5. Under federal criteria, the air basin is at nonattainment for (8-hour standard) for ozone and PM2.5. The air district has developed criteria pollutant emissions thresholds of significance, which are used to determine whether or not a proposed project would violate an air quality standard or contribute to an existing violation.

Section D Evaluation of Environmental Impacts 23 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Road repair projects generate criteria air pollutant emissions during construction, primarily from activities such as excavation, paving, material transport, and construction equipment. However, once construction is complete, these projects do not generate long- term emissions. For this reason, only criteria pollutants generated during construction were quantified and evaluated against air district thresholds.

CalEEMod can be used to quantify construction emissions from linear projects, such as roadway repairs using default construction activities. The model accounts for equipment usage, worker trips, material transport, and fugitive dust generation specific to linear infrastructure projects. An “unmitigated” model run was completed to yield estimates of construction emissions in the absence of mitigation measures that otherwise might be required. The model accounts for uniformly applied existing regulatory measures that reduce emissions. The CalEEMod results are included in Appendix B. Model inputs include the type and size of the proposed project using CalEEMod default inputs as shown in Table 2, Project Characteristics.

Table 2 Project Characteristics
Proposed Project CalEEMod Default Subtype1 Size Metric
Road Repair Road Construction 0.06 miles
SOURCE: CalEEMod version 2022.1, CSG Consultants, Inc. 2025 NOTES:

1. CalEEMod default subtype. Descriptions of the model default land use categories and subtypes are found in the User’s Guide for CalEEMod Version 2022.1 available online at: https://caleemod.com/user-guide.

Unless otherwise noted, data inputs to CalEEMod are based on the following primary assumptions:
 Construction start date will be June 2026 (a different start date would not measurably affect the model);
 Road repairs will take place over approximately 300 feet or 0.06 miles;  The predominate soil type is weathered rock/earth; and  Construction activities occur over approximately 100 work days.

Construction activities are temporary sources of potential air quality impacts that, depending on the scale of the project, commonly occur over limited time periods.

Construction emissions have the potential to impact local air quality and/or pose localized health risks. Localized health risks are discussed under checklist question “c” of this section of the initial study. Construction emissions include equipment exhaust, fugitive dust generated during grading, and ozone precursor emissions from the application of architectural coatings and paving materials. The project includes removal of roadway debris, roadway repairs, and stabilization of the adjacent hillside. The primary sources of construction emissions will be excavation, material transport, and repaving activities on the damaged roadway.

Section D Evaluation of Environmental Impacts 24 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Table 3, Unmitigated Construction Criteria Air Pollutant Emissions, provides a comparison of the air district thresholds of significance to the forecast construction emission values. Construction emissions volumes are projected to be well below the air district thresholds of significance.

Table 3 Unmitigated Construction Criteria Air Pollutant Emissions Emission
Reactive Organic
Gases (ROG)
Nitrogen
Oxides (NOx)
Particulate
Matter
(PM10 Exhaust)
Fine Particulate
Matter
(PM2.5 Exhaust)
Average Daily
Emissions 0.6 5.3 0.2 0.2
Air District
Thresholds

54.0 54.0 82.0 54.0
Exceeds
Threshold? No No No No
SOURCE: EMC Planning Group 2025, CalEEMod version 2022.1, Bay Area Air Quality Management District 2022 NOTES:

1. Values are expressed in pounds per day.

For all projects, the air district recommends implementation of basic best management practices for construction listed in Table 5-2 of the 2022 CEQA Guidelines. Compliance with the basic best management practices is required for individual projects to have a less than significant impact from construction-generated fugitive dust emissions.

The City’s Municipal Code Section 18.218.050 outlines development requirements for construction related emissions (City of Fremont 2024). These regulations mandate implementation of best management practices to mitigate potential adverse impacts on air quality, particularly concerning fugitive dust emissions, consistent with the air district guidelines for construction related impacts. Conformance with the regulations is required and would ensure that construction-related emissions impacts are less than significant. c. Sensitive receptors refer to those segments of the population most susceptible to poor air quality. Children, the elderly, and the chronically or acutely ill are the most sensitive population groups that are most susceptible to adverse effects of air pollution. These sensitive receptors are commonly associated with specific land uses such as residential areas, elementary schools, retirement homes, and hospitals.

Toxic air contaminants (TACs) are pollutants that may be expected to result in an increase in mortality or serious illness or may pose a present or potential hazard to human health. Health effects include cancer, birth defects, neurological damage, damage to the body's natural defense system, and diseases that lead to death. TACs are found in ambient air, especially in urban areas, and are caused by industry, agriculture, fuels combustion, and commercial operations (e.g., dry cleaners). Construction equipment and associated heavy-duty truck traffic generates diesel exhaust and PM

2.5 that poses health risks for

Section D Evaluation of Environmental Impacts 25 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 sensitive receptors. Diesel particulate matter, which is a known TAC, is a component of diesel exhaust, which is the predominant TAC in urban air and represents about two- thirds of the cancer risk from TACs.

The location of a project is a major factor in determining whether a project will result in localized air quality impacts. The potential for adverse air quality impacts increases as the distance between the source of emissions and receptors decreases. From a health risk perspective, there are basically two types of projects that have the potential to cause long- term public health risk impacts: (1) projects that will place new toxic sources in the immediate vicinity of existing receptors, and (2) projects that will place new receptors in the vicinity of existing toxics sources.

TACs, such as diesel particulate matter, are commonly produced during construction related activities, generally resulting from projects that generate a significant volume of construction equipment and diesel truck traffic. The emissions generated during construction are considered to be “short-term” in the sense that they would be limited to the actual construction period. The air district recommends maintaining a 1,000-foot buffer between projects emitting TACs emissions and sensitive receptors to minimize potential health risks. The nearest sensitive receptors are residences located more than 1,000 feet southeast of the project site.

The proposed project is expected to generate minimal TAC emissions due to the limited scale and timeframe of construction activities. Furthermore, the project will occur in an undeveloped area of the City with no sensitive receptors within 1,000 feet. Consequently, the project would have no impact from exposing sensitive receptors to substantial pollutant concentrations.
d. The most common sources of odors identified in complaints received by local air districts are sewage treatment plants, landfills, recycling facilities, waste transfer stations, petroleum refineries, biomass operations, autobody shops, coating operations, fiberglass manufacturing, foundries, rendering plants, and livestock operations. Construction projects do not generate long-term sources of odors. Because the project is a roadway repair and hillside stabilization project, there would be no operational sources of odors.

Therefore, the project would not result in any odor-related impacts.

Section D Evaluation of Environmental Impacts 26 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

4. B IOLOGICAL RESOURCES
Would the project:

Comments:

A reconnaissance-level biological field survey of the project site was conducted by EMC Planning Group biologist Rose Ashbach, M.S., on October 23, 2024, to document existing plant communities/wildlife habitats and assess the suitability of the site to support special-status species. Biological resources were documented in field notes, including plant and wildlife species observed, dominant plant communities, wildlife habitat quality, disturbance levels, and aquatic resources.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
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, regulations, or by the California Department of Fish and Wildlife
or US Fish and Wildlife Service?
☐ ☒ ☐ ☐
b. Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or US
Fish and Wildlife Service?
☐ ☒ ☐ ☐
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, filing, hydrological interruption, or other
means?
☐ ☒ ☐ ☐
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?
☐ ☐ ☒ ☐
e. Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
☐ ☒ ☐ ☐
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?
☐ ☐ ☒ ☐

Section D Evaluation of Environmental Impacts 27 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Prior to conducting the survey, Mrs. Ashbach reviewed project plans, aerial photographs, natural resource database accounts, and other relevant scientific literature. This included searching the U.S. Fish and Wildlife Service (USFWS) Endangered Species Database (USFWS 2024a) and the USFWS Critical Habitat for Threatened and Endangered Species online mapper was reviewed (USFWS 2024a, USFWS 2024b). Searches of the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (“CNDDB”, CDFW 2024a, CDFW 2024b), and California Native Plant Society (CNPS) Inventory of Rare and Endangered Plants (CNPS 2024a) were conducted to identify special-status plants, wildlife, and habitats known to occur in the vicinity of the project. A review of the USFWS National Wetlands Inventory (NWI) database was also conducted to identify jurisdictional aquatic features (wetlands, drainages, and/or riparian areas) on or adjacent to the project site (USFWS 2024c).

Existing Conditions
The project site (i.e., roadway) is located on Morrison Canyon Road, located approximately

0.4 miles east of the eastern edge of the City of Fremont’s urbanized area. Morrison Canyon Road has been impacted by erosion and landslides, which fractured the roadway. The project site includes a 300-foot section of impacted road that bisects a slope that runs along the ecotone between grassland and riparian vegetation. Morrison Creek, a small perennial stream, runs parallel to the road to the south. The site is bound by open space on all sides, with two residences located southeast of the site. Topography of the project area includes a gentle sloping roadway with 45 percent slopes or greater perpendicular to the road. Rocky outcrops are found on the upslope.

The soil is friable and sloughs off, easily causing constant accumulation of soil and rocks in a shallow berm on the upslope side of the road. Six culverts that drain the upslope under the impacted roadway may have also been impacted by erosion and landslide. These culverts may be repaired as part of the proposed project.

Plant and Wildlife Habitats
The survey took place after senescence of most floral species. However, identification of remaining vegetation provided insight to the distribution of vegetation on the site. The project site is dominated by grassland vegetation upslope of the road and riparian vegetation downslope of the road. The road is cut within the transition between the two communities, Figure 5, Habitat Map.

Grassland Vegetation. Grassland vegetation dominates the slopes above Morrison Canyon Road. Annual non-native grasses include ripgut brome (Bromus diandrus), Italian rye (Festuca perennis), soft chess brome (Bromus hordeaceous), wild oats (Avena sp.), wall barley (Hordeum murinum). Other species include meadow barley (Hordeum brachyantherum), miniature lupine (Lupinus bicolor), lupines (Lupinus sp.), Italian thistle (Carduus pycnocephalus), tomcat clover (Trifolium wildenovii), suncups (Taraxia ovata), and clarkias (Clarkia spp.).

Scrub Ecotone. The ecotone between the grassland and riparian vegetation included California sagebrush (Artemesia californica), California fuchsia (Epilobium canum), clarkia, sticky monkey (Diplacus aurantiacus), coast live oak (Quercus agrifolia), canyon live oak (Quercus chrysolepis), poison oak (Toxicodendron diversilobum), nude buckwheat (Eriogonum nudum), coyote brush (Baccharis pilularis), fennel (Foeniculum vulgare), and Italian thistle.

Section D Evaluation of Environmental Impacts 28 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Riparian Woodland. The riparian woodland was dominated by California bay trees (Umbellularia californica) and is classified as California bay woodland (CNPS 2025a). The understory is dominated by herbs, including California morning glory (Castelagia macrostegia), fairybells (Prosartes sp.), snowberry (Symphoricarpus sp.), coyote mint (Stachys bullata), miners’ lettuce (Claytonia perfoliata), and occasional low-growing poison oak. Other riparian trees within and outside of the project site include big leaf maple (Acer macrophyllum), walnut (Juglans sp.), and coast live oak (Quercus agrifolia).

Riparian and grassland vegetation provides suitable habitat for a number of avian species, including species observed or heard during the site visit: Anna’s humming bird (Calypte anna), California towhee (Melozone crissalis), Stellar’s jay (Cyanocitta stelleri), chestnut-backed chickadee (Poecile refescens), red-tailed hawk (Buteo jamaicensis), white-breasted nuthatch (Sitta carolinensis), dark eyed junco (Junco hyemalis), brown creeper (Certhia americana), and oak titmouse (Baeolophus inornatus). Other birds that likely inhabit the area include, but are not limited to, Say’s phoebe (Sayornis saya), yellow-billed magpie (Pica nuttalli), loggerhead shrike (Lanius ludovicianus), house finch (Haemorhour mexicanus), California quail (Callipepla californica), western bluebird (Sialia Mexicana), lesser gold finch (Spinus psaltria), acorn woodpecker (Melanerpes formicivorus), and California scrub jay (Aphelocoma californica).

Western fence lizards (Sceloporus occidentalis) were observed along the road during the site visit.

Other reptiles expected to occur at the site include pacific gopher snake (Pituophis catenifer), California alligator lizard (Elgaria multicarinata multicarinata), California red-sided garter snake (Thamnophis sirtalis infernalis), and pacific ringneck snake (Diadophis punctatus amabilis) (iNaturalist 2025).

California newt (Taricha torosa) was observed during the site visit. Other amphibians including California toad (Anaxyrus boreas halophilus), and California slender salamander (Batrachoseps attenuates) are expected to occur within the project area and vicinity.

California ground squirrel (Otospermophilus beecheyi) and Botta’s pocket gopher (Thomomys bottae) likely utilize the many burrows observed along the road slope. One dead woodrat was observed along the lower road to the project site; possibly a dusky-footed woodrat (Neotoma fuscipes). Other mammals likely utilizing the site include brush rabbits (Sylvilagus bachmani), black-tailed deer (Odocoileus hemionus), coyote (Canis latrans), and bobcat (Lynx rufus).

Aquatic/Wetland Features
The NWI identifies Morrison Creek (R4SBCx) as riverine habitat (R), described as an intermittent (4) streambed (SB) that is seasonally flooded (C), and that is excavated (x). Morrison Creek was not flowing during the site visit; however, it was still holding water. Morrison Creek does not appear to be excavated. Morrison Creek is located downslope of the project site. There are multiple intermittent riverine channels (R4SBA) outside of the project site, draining the upland hillslopes to Morrison Creek. These riverine channels (R) are intermittent (4) streambeds (SB) that are temporarily flooded (4) (USFWS 2024c). They appear to flood during high precipitation events. Riparian woodland surrounds both sides of the perennial stream. !(!(
!(
!(
!(
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0 120 feet
Source: FEMA 2025, ESRI 2025,
EMC Planning Group 2025
Figure 5
Habitat Map
Morrison Canyon Road Storm Repair and Mitigation Initial Study Project Site
Approximate Location of Existing Stream
!( Culver Replacement Locations Morrison Canyon Rd.

Grasslands
California Bay Laurel Woodland
Scrub EcotoneD
•••
D
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D

Section D Evaluation of Environmental Impacts 30 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

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Section D Evaluation of Environmental Impacts 31 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 a. Special-Status Species. Special-status species are those listed as Endangered, Threatened, or Rare or as candidates for listing by the USFWS and/or CDFW; as Species of Special Concern or Fully Protected species by the CDFW; or as Rare Plant Rank 1B or 2B species by CNPS. Appendix C, Special-Status Species with Potential to Occur in the Project Vicinity, presents tables with special-status species search results, which lists the special-status species documented within the project vicinity, their listing status, suitable habitat description, and their potential to occur on the project site. Figure 6, Special- Status Species Map, presents a map of the CNDDB results.

Special-Status Plant Species. Special-status plant species were evaluated for probability to occur on the project site. Although no special-status species were observed during the field surveys, the surveys were conducted outside the peak blooming period for most flowering plants. Three special-status plants have been reported as occurring within the project vicinity (within a three-mile buffer of the project parcel) and have a low probability of occurring within the project boundary, including chaparral harebell (Ravenella exigua) (Occurrence No. 23, CNDDB 2025b), most beautiful jewel flower (Streptanthus albidus ssp. peramoenus) (Occurrence No. 2, CNDDB 2025b), and Congdon’s tarplant (Centromadia parryi spp. congdonii) (Occurrence No. 89, CNDDB 2025b). Suitable habitat for most beautiful jewel flower and chaparral harebell is located on the rocky area upslope of the project site (the proposed slope stabilization area). Suitable habitat for Congdon’s tarplant is located adjacent to the roadway.

If present, construction activities could result in the loss of special-status plant species.

Impacts to special-status plants are considered potentially significant. Implementation of the following measure would to reduce impacts to special-status plants to a less than significant level, if present.

Mitigation Measure
BIO-1 Focused Plant Surveys. During the peak blooming periods (June and August) for chaparral harebell, most beautiful jewel flower, and Congdon’s tarplant prior to ground disturbance, a biologist qualified in Alameda County botany shall conduct a focused survey of the proposed area of impact (including construction staging areas). Surveys will be conducted in accordance with current CDFW and CNPS rare plant survey protocols (CDFW 2018 and CNPS 2001). The surveys will occur during the peak blooming period for each species to determine its presence or absence. Based on the known blooming periods of these special-status plant species, two surveys would be necessary to adequately survey the project site: the first in June, the second in August.

A report documenting the results of the survey will be prepared and, if appropriate, propose measures for avoiding, minimizing, and/or mitigating for possible impacts to special-status plants prior to and during construction. If the focused survey concludes species are not present within the project site, or if it is present but impacts can be completely avoided, then no further measures would be required. The report will be submitted to the City of Fremont Public Works Department.

Section D Evaluation of Environmental Impacts 32 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Special-Status Wildlife Species. Special-status wildlife species with potential to occur on the project site include Alameda whipsnake (Masticophis lateralis euyxanthus), California red-legged frog (Rana draytonii), California tiger salamander (Ambystoma californiense), foothill yellow-legged-frog (Rana boylii), San Francisco dusky footed woodrat (Neotoma fuscipes annectens), Crotch bumble bee (Bombus crotchii), western bumble bee (Bombus occidentalis), pallid bat (Antrozous pallidus), sharp shinned hawk (Accipiter striatus), Cooper’s hawk (Accipter cooperii), and prairie falcon (Falco mexicanus). Other nesting birds may also occur on the project site. These species are addressed below.

Alameda whipsnake. A federally- and state-listed threatened species, Alameda whipsnake is typically found in grassland, chaparral and scrub habitat, mostly on south facing slopes with rock outcrops, and abundant rodent burrows. They also use adjacent woodland and riparian habitats. Alameda whipsnake are active daytime predators eating lizards, skinks, other snakes, small birds, amphibians, small mammals, and insects. They seek shelter in rock piles or in small mammal burrows and hibernate from November through February.

Alameda whipsnake mate from March to June, with young appearing in late summer and fall.

There is one record for Alameda whipsnake within three miles of the project site (Occurrence No 183, CNDDB 2025b). The roadcut area and riparian habitat adjacent to the project site provides habitat for the Alameda whipsnake.

If present, construction activities could result in the loss of Alameda whipsnake. Impacts to Alameda whipsnake are considered potentially significant. Implementation of the following measures are recommended to reduce impacts to the Alameda whipsnake to a less-than-significant level.

Mitigation Measures
BIO-2 Alameda Whipsnake. The City of Fremont shall obtain an Incidental Take Permit from the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) for potential project impacts to Alameda whipsnake, and implement all avoidance, minimization, and compensatory mitigation measures required by these permits. The extent of protection measures will be finalized in Incidental Take Permits, including, but not limited to, the following:
a. Qualified project biologists approved by the USFWS and CDFW shall supervise and/or implement all species protection measures. Construction supervisors shall attend a training session regarding the protection measures (see Mitigation Measure BIO-3). Construction contracts shall expressly include language requiring compliance with protection measures. b. At least 15 days prior to ground disturbance, the City of Fremont shall submit the name and credentials of the project biologists who would implement protective measures. No project activities shall begin until the City of Fremont has received written approval from the USFWS and CDFW that the project biologists are qualified to conduct the work. steelhead
western
ridged
mussel chaparral
harebell
Townsend's
big-eared bat
western
bumble bee
northern
slender
pondweed
western
bumble bee
long-styled
sand-spurrey
California
black rail
foothill yellow-legged
frog
most beautiful
jewelflower
tricolored blackbird
tricolored
blackbird
CTS
CTS
great blue
heron
Santa Clara
red ribbons
northwestern
pond turtle
Yuma myotis
CTS
CTS
CTS
Alameda whipsnake
CRLF
CRLF
pallid bat
Cooper's
hawk
Cooper's hawk
burrowing
owl
CTS
Cooper's
hawk
Congdon's
tarplant
CTS
CRLF
CTS
CRLF
CRLF
California tiger
salamander - central
California DPS
northwestern
pond turtle
CTS
CTS
0 6000 feet
Source: Alameda County GIS 2025,
ESRI 2025, CDFW CNNDB 2025
Figure 6
Special-Status Species Map
Morrison Canyon Road Storm Repair and Mitigation Initial Study 3-Mile Buffer
Project Sitek
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CTS: California tiger salamander
CRLF: California red-legged frog
Special-Status Plants
Special-Status Wildlife
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Section D Evaluation of Environmental Impacts 34 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

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Section D Evaluation of Environmental Impacts 35 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 c. The project biologists shall have the authority to halt construction work at any time to prevent harm to Alameda whipsnake or when any of the permit-specified protection measures have been violated. Work shall re- commence only when authorized by the project biologists. If work is stopped due to potential harm to protected species, the project biologists shall contact the USFWS and/or CDFW by telephone or email on the same day to communicate the event and coordinate appropriate action. d. A project biologist shall be present during all initial ground disturbance activities; the biologist shall conduct biological construction monitoring in all work areas with potential to impact Alameda whipsnake. Before the start of work each day, a designated monitor shall check for wildlife under any equipment such as vehicles and stored pipes within active construction zones that are fenced. A designated monitor shall also check all excavated steep-walled holes or trenches greater than one foot deep for trapped animals. If Alameda whipsnake is observed within an active construction zone, a project biologist shall be notified immediately and all work within 100 feet of the individual animal shall be halted and all equipment turned off until the animal has left the area on its own accord or the biologist has captured and removed the individual from the work area. Alameda whipsnake shall only be relocated to a USFWS /CDFW - approved off-site location according to permit specifications. e. Special-status species shall be excluded from the project site by installing exclusionary fencing (i.e., silt fencing or other appropriate fencing) where possible. This will prevent construction from expanding into natural areas and prevent any special-status species that may migrate through the site from becoming harmed during ground disturbing work. A USFWS and CDFW approved biologist will conduct weekly exclusionary fence inspections to ensure that any breaks in the fencing are repaired.

BIO-3 Worker Environmental Awareness Program (WEAP). Before construction activities begin, the qualified, approved project biologist(s) shall conduct a worker environmental awareness training session for all construction personnel. At a minimum, the training shall include a description of protected biological resources, species descriptions and habitat requirements, and general measures being implemented to protect sensitive resources during construction.

Informational handouts with photographs clearly illustrating species appearances shall be used in the training session.

Training topics shall include special-status species with potential to occur on the project work sites as determined by final site plan impact boundaries and results of focused surveys. Species discussed shall include Alameda whipsnake, California red-legged frog, foothill yellow-legged frog, California tiger salamander, San Francisco dusky footed woodrat, special-status bumblebees, special-status bats, and nesting birds and raptors.

Section D Evaluation of Environmental Impacts 36 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 The training session shall include information about steps to take if a special- status species is encountered, including contact information for the biological monitoring staff and measures to protect species during construction.

Additionally, the biological monitor shall be available to answer any questions about the special-status species. All new construction personnel shall undergo this mandatory worker environmental awareness training when they start work on the project. Training shall occur prior to the start of construction and periodically, as needed, if new construction personnel begin work at the project site. Each worker shall sign a statement that they received training and the statement shall be posted or easily available for viewing at the project site.

California red-legged frog. A federally-listed threatened species and California Species of Special Concern, California red‐legged frog (Rana draytonii) occurs in lowlands and foothills primarily in perennial or ephemeral ponds, pools, and streams where water remains long enough for breeding and metamorphosis of tadpoles (14‐28 weeks). Specific breeding sites include streams, creeks, ponds, marshes, sag ponds, deep pools, backwater areas, dune ponds, lagoons, and estuaries. California red-legged frog may disperse from their aquatic breeding habitats to upland habitats during the dry season. They prefer upland habitats that provide moisture to prevent desiccation and protection from predators, including downed logs, woody vegetation, boulders, moist leaf litter, or other refugia during the dry season. In areas where upland habitats do not contain structure, California red-legged frog take refuge in burrows. However, if there is sufficient water at their breeding location, they may remain in aquatic habitats year‐round instead of moving to adjacent uplands.

During wet seasons, frogs can move long distances between habitats, traversing upland areas or ephemeral drainages. Dispersal distances are typically less than 0.3 mile, with a few individuals moving 1.2‐2.2 miles (USFWS 2005). Seeps and springs in open grasslands can function as foraging habitat or refugia for wandering frogs.

CNDDB records indicate that there are five known occurrences of California red-legged frog approximately 1.5 miles northeast of the project site and approximately 2 to 2.5 miles southeast and east of the project site (Occurrence No. 568, 569, 581, 1564, 1565).

Habitat south of the project site at Morrison Creek is considered low quality breeding habitat due to the lack of deep pools with emergent vegetation. Suitable upland habitat is present within burrows in grassland areas, and in shaded riparian areas within the Morrison Creek. There is a potential that California red-legged frogs could migrate along the creek corridor or move through and utilize upland habitats. The probability of California red-legged frog within the project area is considered low due low quality breeding habitat.

Foothill yellow-legged frog. A federally-listed threatened species and state-listed endangered species, foothill yellow-legged frog is dependent on shaded shallow streams and riffles with a rocky substrate in a variety of habitats. It needs at least some cobble-sized substrate for egg-laying and at least 15 weeks to attain metamorphosis. The project site is not located within federally designated critical habitat for this species.

Section D Evaluation of Environmental Impacts 37 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 The aquatic habitat in the project site’s stream channels can potentially support foothill yellow-legged frog (Central Coast Distinct Population Segment). There is one CNDDB population occurrence within three miles of the project site that is considered extirpated (Occurrence No. 41 from 1953, CNDDB 2025). iNaturalist shows recent observations of foothill yellow-legged frog approximately five miles from the project site in the Sunol Wilderness Area (iNaturalist 2025).

Although Morrison Creek could potentially support foothill yellow-legged frog breeding habitat, the probability of occurrence is considered low given the absence of extant populations within five miles.

California tiger salamander. A federal and state-listed threatened species, California tiger salamander is dependent on small shallow bodies of water for breeding and can be found in grasslands, most frequently within 400 feet of breeding pools or ponds and where California ground squirrels are prevalent and active. Ephemeral ponds that completely dry out by late summer and early fall are ideal habitat for this species because the dry period prohibits bullfrog and non-native fish residency. California tiger salamanders will occupy burrows of ground squirrels during summer and fall months, emerging to move toward breeding sites when the rainy season commences. They typically disperse to burrows and other hiding places in oak woodlands and grasslands within a quarter mile or less from breeding ponds by early summer. The project site is not located within federally designated critical habitat for this species.

There are ten CNDDB records of California tiger salamander within three miles of the project site and two records from one and a half miles from the project site (Occurrence No. 41 and 580, CNDDB 2025). Although ephemeral ponds and low gradient grassland habitat are located within the headwaters of the Morrison Canyon watershed, the steep, rocky slopes within the project boundary are not preferred habitat for this species. As such, the probability of California tiger salamander to occur within the project area is considered low.

Special-Status Amphibians. The riparian woodland and upland grassland habitat found along Morrison Canyon Creek contains low quality potential habitat for California red-legged frog, foothill yellow-legged frog, and California tiger salamander. These species are protected by the USFWS and/or the CDFW. Although the habitat within the project site is considered low quality and the probability of these species occurring within the project area is low. Disturbance and site preparation activities within or immediately adjacent to the riparian woodland habitat could result in the loss of these species if they are present in the area proposed for construction. Implementation of Mitigation Measure BIO-3 presented above, which requires a training session on special-status species potentially present on the construction site for all personnel, and Mitigation Measure BIO-4 presented below will reduce potential impacts to these species to less than significant.

Section D Evaluation of Environmental Impacts 38 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Mitigation Measure
BIO-4 Special-Status Amphibians. The City of Fremont shall obtain an Incidental Take Permit from the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) for potential project impacts to California red‐legged frog, foothill yellow-legged frog and California tiger salamander, and implement all avoidance, minimization, and compensatory mitigation measures required by these permits. The extent of protection measures will be finalized in Incidental Take Permits, including, but not limited to, the following:
 Direct impacts to potential breeding habitat (Morrison Creek) will be avoided.  Ground‐disturbing activities within upland areas will be limited to dry weather between April 15 and October 31. No ground‐disturbing work will occur during wet weather. Wet weather is defined as when there has been 0.25 inch of rain in a 24‐hour period. Ground‐disturbing activities halted due to wet weather may resume when precipitation ceases and the National Weather Service 72‐hour weather forecast indicates a 30 percent or less chance of precipitation. No ground‐disturbing work will occur during a dry‐out period of 48 hours after the above referenced wet weather. If construction would need to continue past October 31, the applicant will request an authorization from USFWS and CDFW to extend the work period.
 Where applicable, exclusion fencing will be installed around the worksite to prevent amphibians from entering the work area. Exclusion fencing will be removed within 72 hours of completion of work.
 Before construction begins, a qualified biologist will locate appropriate relocation areas and prepare a relocation plan for special‐status amphibians that may need to be moved during construction. The proponent will submit this plan to USFWS and CDFW for approval prior to the start of construction.
 A qualified biologist will conduct preconstruction surveys immediately prior to ground-disturbing activities (including equipment staging, vegetation removal, and grading). The biologist will survey the work area and all suitable habitat within 300 feet of the work area. If relocation is deemed necessary, it will be conducted in accordance with the relocation plan.  If special‐status amphibians are found in the work area during construction and cannot or do not move off-site on their own, a USFWS and/or CDFW‐ approved biologist will trap and move special‐status amphibians in accordance with the relocation plan.
 No monofilament plastic mesh or line will be used for erosion control.

Section D Evaluation of Environmental Impacts 39 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025  All construction activity will terminate 30 minutes before sunset and will not resume until 30 minutes after sunrise during the migration/active season from November 1 to June 15. Sunrise and sunset times are established by the U.S.

Naval Observatory Astronomical Applications Department for the geographic area where the project is located.
 To prevent inadvertent entrapment of special‐status amphibians during construction, all excavated, steep‐walled holes or trenches more than six inches deep will be provided with one or more escape ramps constructed of earth fill or wooden planks and will be inspected prior to being filled.  Work crews or an onsite biological monitor will inspect open trenches, pits, and under construction equipment and material left on-site in the morning and evening to look for amphibians that may have become trapped or are seeking refuge.

San Francisco Dusky-Footed Woodrat. A state-listed Species of Special Concern, the San Francisco dusky-footed woodrat is a local subspecies of the broadly distributed dusky- footed woodrat that lives in forested and riparian areas. The San Francisco dusky-footed woodrat builds multi-chamber nests that can be on the forest floor or up in the tree canopy. The nests of these species provide shelter for other species such as snakes, salamanders, mice, frogs, etc.

There are no records of San Francisco dusky-footed woodrat in CNDDB or iNaturalist within a three-mile vicinity buffer to the project site. However, a dead woodrat was observed on the road adjacent to the project site. Loss or harm to the San Francisco dusky-footed woodrat is considered a significant adverse impact. Implementation of Mitigation Measure BIO-3 presented above, which requires a training session on special- status species potentially present on the construction site for all personnel, and Mitigation Measure BIO-5 presented below will reduce potential impacts to the San Francisco dusky-footed woodrat to less than significant levels.

Mitigation Measure
BIO-5 San Francico Dusky-Footed Woodrat. Prior to issuance of demolition and grading permits, a qualified biologist shall conduct preconstruction surveys for woodrat nests between 14 and 30 days prior to demolition or construction activities within 25 feet of wooded areas. If no nests are found, a letter report shall be prepared by the biologist and submitted to the City of Fremont, where it shall be kept on file, and no further measures are required.

If woodrat nests are observed, the nests shall be flagged for avoidance of direct impacts where feasible. If avoidance is not possible, the nest(s) shall be manually deconstructed and rebuilt when young are not present, typically during the non- breeding season (October through January). If it is determined that young may be present during the preconstruction survey, a suitable buffer (determined by the

Section D Evaluation of Environmental Impacts 40 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 qualified biologist) shall be established around the nest until the young are independent enough to successfully move from the deconstructed nest. Once nest(s) have been deconstructed and woodrats have left the construction area, a letter report shall be prepared by the biologist and submitted to the City of Fremont, where it shall be kept on file.

Special-Status Bumble Bees. The Crotch’s bumble bee and western bumble bee are state candidate endangered species. Crotch bumble bees inhabit open grassland and scrub habitats and forage throughout the duration of the colony (spring through fall), colony nest sites, and overwintering sites for the queens (Xerces Society 2018). Crotch’s bumble bees are generalist foragers (i.e., they do not depend on any one flower type).

Documented food plants for Crotch bumble bees include milkweeds (Asclepias sp.), pin cushions (Chaenactis spp.), lupines (Lupinus spp.), burclovers (Medicago spp.), fiddlenecks (Phacelia spp.), and sages (Salvia spp.) (Xerces Society 2018). Crotch bumble bees, like most bumble bee species, nest underground, particularly within abandoned rodent holes (Xerces Society 2009). The flight period for Crotch bumble bee queens is from late February to late October, peaking in early April and again in July. The flight period for workers and males extends between late March and September (Xerces Society 2018).

Western bumble bee was formerly common throughout much of its range, from central California to southern British Columbia and west of the Sierra-Cascade Ranges.

Populations have declined sharply since the late 1990s. Western bumble bees primarily nest in underground cavities such as abandoned burrows or other animal nests on open west-southwest slopes. General habitat requirements include meadows and grasslands with flowering plants, and they may be found in some natural areas within urban environments. Western bumble bees require species that bloom and provide adequate nectar and pollen throughout the colony’s flight period from as early as February to late November. The Western bumble bee has two CNDDB records within the three-mile project vicinity (Occurrence No. 228 and 420, CNDDB 2025b).

If special-status bumble bees are present on or adjacent to the project site, construction activities could result in the loss or disturbance of individual animals. This would be a significant adverse environmental impact. Implementation of Mitigation Measure BIO-3, presented above, which requires a training session on special-status species potentially present on the construction site for all personnel, and Mitigation Measure BIO-6 presented below would reduce this potential, significant impact to a less-than-significant level.

Mitigation Measure
BIO-6 Special-Status Bumblebees. Prior to construction activities a qualified biologist will conduct a pre-construction survey of small mammal burrows and thatched/bunch grasses for western bumble bee activity during the optimal flight period (April 1 – July 31). If the survey results are negative (i.e., no bumble bee activity observed), a letter report confirming absence will be prepared and submitted to the City of Fremont and no further mitigation is required.

Section D Evaluation of Environmental Impacts 41 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 If bumble bee nests are detected and the area can be avoided, a qualified biologist shall supervise the installation of protective fencing/flagging a minimum of 50 feet around the nest area prior to construction. The fencing/flagging will be checked at least once per week until construction is complete to ensure that the protective fencing/flagging remains intact. The qualified biologist can conduct the weekly checks or train a biological monitor selected from the construction crew by the construction contractor (typically the project foreman) to check the fencing/flagging and provide weekly updates. Documentation of the fencing/flagging installation shall be provided to the City prior to the start of ground disturbance activities. Documentation of the weekly checks and timely maintenance (if needed) shall be provided to the City quarterly during construction.

If bumble bee nests are detected and the area cannot be avoided, the qualified biologist shall coordinate with CDFW to determine the appropriate method of relocation or eviction of the nests. After it has been confirmed that the habitat area is no longer occupied, a letter report will be prepared and submitted to the City of Fremont.

Special-Status Bat Species. Of the 25 native bat species in California, 17 receive some level of state or federal protection (CDFW 2024f). Trees and/or rocky outcrops along the slope within or adjacent to the project site could provide roosting habitat for pallid bat a state- listed species of special concern. Pallid bats roosts in cracks and crevices of tree bark or rocky outcrops.

CNDDB records indicate that there are two known occurrences for pallid bat located approximately two miles north and south of the project site (Occurrence No. 440, 420, CNDDB 2025b).

Installation of the high strength wire mesh slope protection and construction activities at the project site could result in the disturbance of roost and natal sites occupied by special- status bats, if present. Loss or harm to special-status bats is considered a significant adverse impact. Implementation of Mitigation Measure BIO-3 presented above, which requires a training session on special-status species potentially present on the construction site for all personnel, and Mitigation Measure BIO-7 presented below will reduce potential impacts to special-status bats to a less-than-significant level.

Mitigation Measure
BIO-7 Special-Status Bat Species. The following measures shall be implemented to avoid loss of or harm to special-status bat species:

1. Prior to issuance of demolition and grading permits and approximately 14 days prior to any construction activities, a qualified biologist shall conduct a habitat assessment for bats and potential roosting sites in trees or buildings within 50 feet of the construction easement. These surveys shall include a visual inspection of potential roosting features (bats need

Section D Evaluation of Environmental Impacts 42 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 not be present) and a search for presence of guano within the project site, construction access routes, and 50 feet around these areas. Cavities, crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or roost habitat for bats shall be surveyed. Assumptions can be made on what species is present due to observed visual characteristics along with habitat use, or the bats can be identified to the species level with the use of a bat echolocation detector such as an “Anabat” unit.

Potential roosting features found during the survey shall be flagged or marked.

2. If no roosting sites or bats are found, a letter report shall be prepared by the biologist and submitted to the City of Fremont, where it shall be kept on file, and no further measures are required.

3. If bats or roosting sites are found, bats shall not be disturbed without specific notice to and consultation with CDFW.

4. The nursery season is typically from May 1 to October 1. If bats are found roosting outside of the nursery season, CDFW shall be consulted prior to any eviction or other action. If avoidance or postponement is not feasible, a Bat Eviction Plan shall be submitted to CDFW for written approval prior to project implementation. A request to evict bats from a roost includes details for excluding bats from the roost site and monitoring to ensure that all bats have exited the roost prior to the start of activity and are unable to re-enter the roost until activity is completed. Any bat eviction shall be timed to avoid lactation and young-rearing. If bats are found roosting during the nursery season, they shall be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat pups. Because bat pups cannot leave the roost until they are mature enough, eviction of a maternal roost cannot occur during the nursery season. Therefore, if a maternal roost is present, a 50-foot buffer zone (or different size if determined in consultation with the CDFW) shall be established around the roosting site within which no construction activities shall occur until after the nursery season.

Nesting Birds. Many passerine bird species and raptors, such as sharp shinned hawk, Cooper’s hawk, prairie falcon, could nest in the canopy of the project site’s riparian woodland, on the open ground, or in any type of vegetation during the nesting bird season (January 15 through September 15). The project site and surrounding land contain a variety of trees and shrubs suitable for nesting. Construction activities can impact nesting birds protected under the federal Migratory Bird Treaty Act and California Fish and Game Code, should nesting birds be present during construction. If protected bird species are nesting adjacent to the project site during the bird nesting season, then noise-

Section D Evaluation of Environmental Impacts 43 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 generating construction activities could result in the loss of fertile eggs, nestlings, or otherwise lead to the abandonment of nests. Implementation of Mitigation Measure BIO-3 presented previously, which requires a training session on special-status species potentially present on the construction site for all personnel, and Mitigation Measure BIO-8 presented below would reduce potential impacts to a less-than-significant level.

Mitigation Measure
BIO-8 Protected Nesting Birds and Raptors. To avoid impacts to nesting birds and raptors during the nesting season (January 15 through September 15), all construction activities shall be conducted between September 16 and January 14, which is outside of the bird nesting season. If construction or project-related work is scheduled during the nesting season (February 15 to August 30 for small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), a qualified biologist shall conduct nesting bird surveys.
a. Two surveys for active bird nests shall occur within 14 days prior to start of ground disturbance, with the final survey conducted within 48 hours prior to ground disturbance. Appropriate minimum survey radii surrounding each work area are typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys shall be conducted at the appropriate times of day to observe nesting activities.

Locations off the site to which access is not available may be surveyed from within the site or from public areas. If no nesting birds are found, a letter report confirming absence shall be prepared and submitted to the City of Fremont and no further mitigation is required.
b. If the qualified biologist documents active nests within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently. Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if birds show signs of unusual or distressed behavior (e.g., defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest).

If buffer establishment is not possible, the qualified biologist or construction foreman shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active. Once the absence of nesting birds has been confirmed, a letter report shall be prepared and submitted to the City of Fremont.

Section D Evaluation of Environmental Impacts 44 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 b. Sensitive Natural Communities. Sensitive natural communities are communities that are of limited distribution statewide or within a county or region and are often vulnerable to environmental effects of projects. CDFW’s List of California Terrestrial Natural Communities is based on the best available information, and indicates which natural communities are considered sensitive (CDFW 2024c). California bay woodland is classified by CDFW as a “Sensitive Natural Community.” Project implementation may have temporary adverse effects on a small portion of this community due to disturbance of the soil from the removal of concrete. However, long-term impacts of the project will be beneficial due to protection from continued rockfall and slides, and removal of foreign material from the habitat.

Project implementation could potentially have a substantial adverse effect on water quality within the creek if not prevented by the incorporation of avoidance measures because of the amount of cut/fill work on the riparian banks. Impacts to riparian habitat and sensitive natural communities as a result of this project are considered significant.

Pursuant to City General Plan Implementation Measure 7-1.1a, riparian areas and wetlands should be protected and/or restored as project amenities and mitigation for potential significant environmental impacts on riparian areas from development are required.

Impacts to riparian habitat and wetlands are covered in detail in the following section on Wetlands and Waters of the U.S. Implementation of the following mitigation measure would reduce potential impacts to sensitive communities to a less-than-significant level.

Mitigation Measure
BIO-9 Sensitive Natural Communities. To minimize impacts to California bay woodlands, the project shall be designed to avoid impacts to riparian habitat to the extent possible. If impacts to California bay woodlands habitat cannot be avoided, the City of Fremont shall:

1. Mitigate for direct impacts to California bay woodlands at a 1:1 ratio through implementation of a Restoration Plan prepared by a qualified biologist/restoration ecologist. The plan shall include, but not be limited to, the following elements:
a. Erosion control measures shall be developed to protect the exposed slopes after grading. Construction measures including Best Management Practices (BMPs), time-of-year-restrictions, water pollution prevention, erosion control, and tree root protection shall be included to further minimize erosion and impacts to riparian and aquatic habitat. BMPs intended to reduce erosion of exposed soil into the bed and banks of the creek may include, but are not limited to, soil stabilization controls, silt fencing, and fiber rolls. Standard erosion control and slope stabilization measures shall be required for work performed in any area where erosion could lead to sedimentation of the creek.

Section D Evaluation of Environmental Impacts 45 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 b. A planting plan including measures to stabilize riparian slopes through revegetation shall be developed. Slope stabilization shall incorporate local, native California bay woodland understory species capable of increasing soil stability, and California bay replacement at a 3:1 ratio or another ratio provided by the City of Fremont. Species from the California Invasive Plant Council’s (Cal-IPC) Invasive Plant List (Cal-IPC 2025) shall be removed if present.
c. Maintenance and monitoring measures shall detail the maintenance, monitoring, and reporting required for the restoration of the site. The site shall be maintained and monitored for a minimum of five years after restoration to verify that restoration activities have been successful. Maintenance activities may include, but not be limited to, watering during the plant establishment period, supplemental seed planting as needed, and removal of non-native plants. Monitoring shall include, at a minimum, quarterly monitoring reports for the first year and annual reports for the remaining four years. The performance standard for successful mitigation shall be a minimum 3:1 tree replacement ratio achieved in year five of monitoring. If mortality of tree plantings reduces the survival to below the 3:1 ratio, replanting shall be implemented to ensure the successful establishment of native riparian habitats sufficient to achieve the required acreages.
c. Wetlands and Waters of the U.S. A review of the NWI online database was conducted to identify potential jurisdictional aquatic features on or adjacent to the project site (USFWS 2025c). A site assessment confirmed the NWI results, with Morrison Creek, an intermittent stream, located downslope of the project site (R4SBCx) with multiple intermittent riverine channels (R4SBA) draining the upland to the creek (USFWS 2025b).

Riparian woodland surrounds both sides of the perennial stream.

Impacts to potentially jurisdictional wetlands and waters may occur as a result of project implementation. Project impacts to any wetland or drainage feature need to be identified, mapped, and quantified so that proper consultation and permitting may be achieved for areas under the jurisdiction of the USACE, CDFW, and or the RWQCB.

Mitigation Measure
BIO-10 Jurisdictional Wetlands/Waterways. Road work and asphalt block removal shall be designed to minimize impacts to the riparian woodland and waters to the extent feasible. Prior to ground disturbance, the extent of potential wetlands and waterways regulated by the United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and CDFW shall be determined (wetland delineation report), and regulatory agency consultations shall occur.

Section D Evaluation of Environmental Impacts 46 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 a. If impacts to a federally jurisdictional feature may occur as a result of the project, a Clean Water Act Section 404 Nationwide Permit (NWP) may be appropriate. If the proposed activity would not otherwise qualify for a NWP, the applicant shall proceed with obtaining an Individual Permit from the USACE. For either permit, a formal wetland delineation report shall first be submitted to the USACE for a jurisdictional determination. b. If impacts to wetlands or waters of the State may occur as a result of the project, the applicant shall coordinate with the RWQCB to obtain a Clean Water Act Section 401 Water Quality Certification or Water Discharge Requirements Permit. If impacts to wetlands, riparian areas, or streams are identified, the applicant shall coordinate with the CDFW to obtain a Streambed Alteration Agreement.
d. Wildlife Movement. Wildlife movement corridors provide connectivity between habitat areas, enhancing processes like nutrient flow, gene flow, seasonal migration, pollination, and predator-prey relationships. Increasing connectivity is a critical strategy for addressing habitat loss and fragmentation, a top threat to biodiversity.

The project site is located within an essential connectivity area as mapped by the California Essential Habitat Connectivity Project (CDFW 2025c). Morrison Creek and associated riparian vegetation provide cover for migrating or foraging species. However, the proposed project is limited to temporary disturbance of a 300-foot section of road and hillside that would not restrict wildlife movement, and would have no long-term impacts to habitat movement. Due to the temporary impacts, the proposed project would have a less than significant impact on wildlife movement.
e. Local Biological Resource Policies/Ordinances. Measures to protect sensitive biological resources are identified in the City General Plan and the City Municipal Code.

City General Plan goals, policies, and implementation programs applicable to the proposed project:

Goal 7-1: Biological Resources. A thriving natural environment with protected habitat that enhances the biological value of the City and preserves the open space frame.

Policy 7-1.1: Preservation of Natural Habitat. Preserve and protect fish, wildlife, and plant species and their habitats including wetlands, creeks, lakes, ponds, saltwater bodies and other riparian areas. Maintain these areas for their critical biological values and to help improve water quality.

Implementation 7 -1.1.A: Protect Riparian and Wetland Areas.

Preserve and minimize impacts to natural and semi -natural wetland areas, including riparian corridors, vernal pools and their wildlife habitat through the development and environmental review process. Riparian

Section D Evaluation of Environmental Impacts 47 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 areas and wetlands should be protected and/or restored as project amenities. Require mitigation for potential significant environmental impacts on riparian areas from development.

Implementation 7 -1.1.B: Evaluate Development near Bodies of Water. Evaluate development within 100 feet of the top of bank of riparian areas and water bodies, including creeks, lakes, ponds, marshes, and vernal pools. This distance shall be increased to 200 feet in areas above the toe of the hill (TOH). Carefully assess t he extent and characteristics of riparian corridors and creeks to a minimum distance of 100 feet from the top of bank below the toe of the hill and 200 feet from the top of bank above the toe of the hill. Consider the full spectrum of habitat needs for vegetation and wildlife in environmental assessments of these areas.

Implementation 7-1.1.C: Control Measures to Limit Soil Erosion.

Implement control measures in riparian areas to prevent soil erosion and minimize runoff of excess nutrients, sediments and pesticides.

Provide for maximum retention of natural vegetation and topographic features adjacent to the buffer described in Implementation 7-1.1.B.

Implementation 7 -1.1.D: Conservation of Habitat and Natural Areas. Require conservation, protection and/or revegetation of habitat and natural areas for nesting, foraging and retreat for projects that impact such areas.

Policy 7 -1.2: Protection of Species . Preserve and protect rare, threatened, endangered and candidate species and their habitats consistent with State and Federal law.

Policy 7-1.7: Mitigate Development Impacts . Mitigate the impacts of development on the natural environment to the extent possible through sound planning, design, and management of development projects.

Implementation 7-1.7.A: Evaluate Projects with CEQA. Evaluate development projects for impacts to the natural environment per the California Environmental Quality Act (CEQA) and require measures to mitigate potential impacts to less than significant levels.

Goal 7-3: Water Quality. High quality water protected from pollutants and managed to improve the quality of the San Francisco Bay and groundwater resources
Policy 7 -3.1: Protect and Improve Water Quality . Protect and improve water quality in all Fremont’s creeks, streams, water courses and water bodies.

Policy 7 -6.2: Minimize Soil Erosion . Eliminate soil erosion from development to the maximum extent possible.

Section D Evaluation of Environmental Impacts 48 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Implementation 7 -6.2.B: Limit Erosion with BMPs. Require appropriate control measures and best management practices (BMP’s) to limit erosion prior to, during and subsequent to new construction.

Fremont Municipal Code Chapter 18.218 contains local legislation that is applicable to the proposed project:

18.218. 10 Purpose and intent. The purpose of this chapter is to ensure the universal application of standard development requirements for resource protection to development projects have the potential to adversely disturb or impact (a) special -status species; (b) cultural resources; and (c) air quality due to construction activities such as grading, demolition, and tree and shrub removal.

18.218.050 Standard development requirements.
(b)Biology, Special-Status Species.

Nesting Birds. Projects with the potential to impact nesting birds through tree or shrub removal shall implement the following measures prior to removal of any trees/shrubs, grading, or ground disturbing activities:
 Avoidance. Proposed projects shall avoid construction activities during the bird nesting season (February 1st through August 31st).  Preconstruction Surveys. If construction activities are scheduled during the nesting season, a qualified biologist shall conduct a preconstruction survey to identify any potential nesting activity. The biologist shall determine the number and time frame (prior to construction) of surveys to be conducted.  Protective Buffer Zone(s). If the survey indicates the presence of nesting birds, protective buffer zones shall be established around the nests. The size of the buffer zone shall be recommended by the biologist in consultation with the CDFW depending on the species of nesting bird and level of potential disturbance.
 Initiation of Construction Activities. The buffer zones shall remain in place until the young have fledged and are foraging independently. A qualified biologist shall monitor the nests closely until it is determined the nests are no longer active, at which time construction activities may commence within the buffer area.

Roosting Bats. New development with potential to impact special - status or roosting bat species through demolition of structures or removal of trees on site shall conduct the following measures prior to demolition:
 Preconstruction Surveys. A qualified biologist shall conduct a preconstruction survey during seasonal periods of bat activity (mid-February through mid-October) to determine suitability of structure(s) or trees as bat roost habitat.

Section D Evaluation of Environmental Impacts 49 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025  Protective Buffer Zone(s). If active bat roosts are found on site, a suitable buffer from construction shall be established per the biologist. The biologist shall determine the species of bats present and the type of roost.  Mitigation and Exclusion. If the bats are identified as common species, and the roost is not being used as a maternity roost or hibernation site, the bats may be evicted using methods developed by a qualified biologist. If special- status bat species are found present, or if the roost is determined to be a maternity roost or hibernation site for any species, then the qualified biologist shall develop a bat mitigation and exclusion plan to compensate for lost roost. The site shall not be disturbed until CDFW approves the mitigation plan.

California Tiger Salamander. Projects with the potential to impact California tiger salamander habitat through grading, demolition, and/or new construction shall implement the following measures prior to any grubbing, grading, or ground disturbing activities:
 Exclusion fencing shall be installed around the perimeter of the two fields to deter tiger salamanders from accessing the fields. The fencing shall be regularly maintained, especially during the rainy season when salamanders could traverse onto the fields.
 A qualified biologist shall conduct preconstruction surveys prior to grubbing and grading activities within the two fields. The biologist shall determine the number and time frame (prior to construction) of surveys to be conducted.  A qualified biologist shall monitor initial grubbing and grading activities to ensure no California tiger salamanders are present.

With implementation of the mitigation measures outlined in this section of the initial study, the proposed project would not conflict with local regulations related to biological resources.
f. There are no critical habitat boundaries, habitat conservation plans, natural community conservation plans, or other approved local, regional, or state habitat conservation plans applicable to the proposed project site (CDFW 2025c).

Section D Evaluation of Environmental Impacts 50 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

5. C ULTURAL RESOURCES
Would the project:

Comments:

An archival database search was conducted through the Northwest California Information Center (NWIC), of the California Historical Resources Information System affiliated with the State of California Office of Historic Preservation in Sacramento. The NWIC was provided with a location map and coordinates of the project area, with a request for the archaeological and non‐ archaeological resources within a one-quarter mile radius of the project site boundary.

The NWIC identified two informal cultural resources located within the quarter mile radius (File No. 24-0730). Informal resources are typically reported with little geographical information (i.e., no coordinates) and not part of professional studies. The first resource is listed as grinding stones and a sweathouse in Morrison Canyon. The second resource is recorded as Native Americans living in adobe huts “close to the mouth of the canyon.” It is speculated that the canyon is Morrison Canyon.

EMC Planning Group archaeologist, Vanessa Potter, MA, RPA, surveyed the site on October 23, 2024 and prepared the Morrison Canyon Road Storm Repair and Mitigation Project - Phase I Archaeological Survey (“archaeological survey”), which concludes that no indigenous historic or unique archaeological resources were observed during this pedestrian survey. a-b Historic Structures. The NWIC results revealed that two informal resources (sweathouse and adobe huts) are located within a one-quarter mile radius of the project site. However, neither resource is located within the project site and implementation of the project would have no adverse impact on these resources.

Indigenous Historic Resources or Unique Archaeological Resources. The results provided by the NWIC, as well as the results of the archaeological survey, revealed that no indigenous historic or unique archaeological resources were found within the project site. However, unknown or unidentified buried, significant indigenous historic or unique archaeological resources could be present at the project site. Additionally, the Northern Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Cause a substantial adverse change in the significance of a historical resource pursuant to section 15064.5?
☐ ☐ ☒ ☐
b. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to section 15064.5?
☐ ☐ ☒ ☐
c. Disturb any human remains, including those interred
outside of dedicated cemeteries?
☐ ☐ ☒ ☐

Section D Evaluation of Environmental Impacts 51 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Valley Yokut/Coastanoan Tribe contacted Vanessa Potter with EMC Planning Group recommending archaeological monitoring. Such resources, if present, could be damaged or destroyed by ground disturbing construction activities associated with the project. This would be a significant impact.

In accordance with City Municipal Code Section 18.218.050.d.2, the City will implement the following requirements:

Accidental Discovery of Cultural Resources. The following requirements shall be met to address the potential for accidental discovery of cultural resources during ground disturbing excavation:
a. The City’s contractor shall include a note on any plans that require ground disturbing excavation that there is a potential for exposing buried cultural resources.
b. The City shall retain a professional archaeologist to provide a preconstruction briefing to supervisory personnel of any excavation contractor to alert them to the possibility of exposing buried cultural resources, including significant prehistoric archaeological resources. The briefing shall discuss any cultural resources, including archaeological objects that could be exposed, the need to stop excavation at the discovery, and the procedures to follow regarding discovery protection and notification of the City and archaeological team.
c. In the event that any human remains or historical,
archaeological or paleontological resources are discovered during ground disturbing excavation, the provisions of CEQA Guidelines Sections 15064.5(e) and (f), and of subsection (c)(2)(D) of this section, r equiring cessation of work, notification, and immediate evaluation shall be followed. d. If resources are discovered during ground disturbing activities that may be classified as historical, unique archaeological, or tribal cultural resources, ground disturbing activities shall cease immediately, and the City planning manager shall be notified .

The resources will be evaluated by a qualified archaeologist and, in the planning manager’s discretion, a tribal cultural monitor.

If the resources are determined to be historical, unique archaeological, or tribal cultural resources, then a plan for avoiding the resources shall be prepared. If avoidance is infeasible, then all significant cultural materials recovered shall be, as necessary and at the discretion of the consulting archaeologist, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. Any plan for avoidance or mitigation shall be subject to the approval of the City planning manager.

Section D Evaluation of Environmental Impacts 52 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Additionally, in accordance with City Municipal Code Section 18.218.050.d.3, the City will also implement the following requirements:

Archaeological Monitoring. New development projects with the potential to impact subsurface archaeological or cultural resources through grading, demolition, and/or new construction, if so determined by a site -specific study prepared by an archaeologist th at meets the Secretary of the Interior’s professional qualifications standards for archaeology, shall implement the following measures prior to any grubbing, grading, or ground disturbing activities:
a. An archaeologist shall monitor construction- related ground disturbance within the vicinity of project site features identified as having the potential to include subsurface archaeological, cultural, or tribal cultural resources that could be impacted through ground- disturbing activities related to the construction of the project.

Monitoring should continue until the archaeologist determines that there is a low potential for encountering subsurface archaeological, cultural, or tribal cultural resources. An archaeologist that meets the Secretary of the Interior’s professional qualifications standards for archaeology shall oversee the monitoring. Any compensation for time and expenses related to this activity shall be borne by the project proponent.

Implementation of the above requirements would ensure that potential impacts on indigenous historic or unique archaeological resources would be less than significant. c. It is unknown whether Native American remains are located at the project site. The road is narrow and previously disturbed with a layer of asphalt covering it and the adjacent hillsides are very steep. However, because of informal narratives of historic-era adobe homes and indigenous historic features associated with habitation, there remains the possibility that ground disturbing activities associated with the proposed project could damage or destroy previously undiscovered Native American human remains.

Disturbance of Native American human remains would be a significant impact.

The project would be required to comply with City Municipal Code Section

18.218.050.d.2, specifically subsection “c” identified previously, which requires that the provisions of CEQA Guidelines Sections 15064.5(e) and (f) be followed in the event that human remains are discovered during ground disturbing excavation. Compliance with the City Municipal Code would ensure impacts are less than significant.

Section D Evaluation of Environmental Impacts 53 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

6. E NERGY
Would the project:

Comments:
a. The thresholds of significance for energy impacts are qualitative. Consequently, potential impacts will be discussed qualitatively. The project will require energy in the form of diesel and gasoline in heavy equipment, construction vehicles, and worker transportation to and from the project site.

A multitude of State regulations and legislative acts are aimed at improving energy efficiency during construction. Required compliance with many of these standards is not within the direct control of local agencies. Nevertheless, projects that adhere to these state regulations and best management practices can reduce their construction related energy demand. For example, the California Air Resources Board (CARB) In-Use Off- Road Diesel Vehicle Regulation requires fleet owners to replace or retrofit older diesel equipment with more efficient, lower-emission engines to reduce fuel consumption. This regulation mandates the replacement of older, inefficient diesel construction equipment with newer, cleaner models, further contributing to reduced emissions and fuel consumption (California Air Resources Board 2023). Similarly, the EPA Tier 4 Final Engine Standards require new off-road diesel engines to meet stricter emissions limits, resulting in reduced air pollutants and improved fuel efficiency (Environmental Protection Agency 2024). The California Low Carbon Fuel Standard, established by CARB, incentivizes the use of biodiesel, renewable diesel, and other alternative fuels in construction equipment (California Air Resources Board 2018). The use of alternative fuels and hybrid or electric machinery can improve energy efficiency by reducing the dependence and consumption of fossil fuel during construction-related activities. The California Code of Regulations Title 13, Section 2485, enforced by CARB, limits diesel vehicle idling to five minutes to reduce unnecessary fuel consumption (California Air Resources Board 2021). The enforcement of idling restrictions ensures that construction vehicles consume fuel only when necessary, preventing excessive fuel waste and reducing overall energy use on-site.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Result in a potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
☐ ☐ ☒ ☐
b. Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
☐ ☐ ☐ ☒

Section D Evaluation of Environmental Impacts 54 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 The application of standard best management practices, including proper equipment maintenance, idling restrictions, and the use of fuel-efficient machinery are aimed at promoting efficient fuel use during construction. These measures ensure that construction fuel use is not excessive, wasteful, or inefficient. The project energy demand would be temporary and would not result in a substantial increase in regional energy consumption. Given the considerations summarized above, the proposed project would have a less than significant impact on energy resources. b. The project does not involve the development of new energy intensive infrastructure nor does it introduce long-term energy demands. It would comply with applicable energy conservation policies, including state and local regulations on fuel efficiency and air quality measures that promote energy-efficient construction practices. Therefore, the project would not conflict with any state or local plans for renewable energy or energy efficiency.

Section D Evaluation of Environmental Impacts 55 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

7. G EOLOGY AND SOILS
Would the project:

Comments:

Ninyo and Moore prepared the Geotechnical Evaluation – Slope Stability Assessment, Morrison Canyon Road Landslides Fremont, California (“geotechnical evaluation”) in June 2024. The geotechnical evaluation presents the soil and groundwater conditions at the project site, the geotechnical engineering recommendations for use in design of specific construction elements associated with Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or death involving:

(1) 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?
☐ ☐ ☐ ☒
(2) Strong seismic ground shaking? ☐ ☐ ☒ ☐
(3) Seismic-related ground failure, including
liquefaction?
☐ ☐ ☐ ☒
(4) Landslides? ☐ ☐ ☒ ☐
b. Result in substantial soil erosion or the loss of topsoil? ☐ ☐ ☒ ☐ 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?
☐ ☐ ☒ ☐
d. Be located on expansive soil, creating substantial
direct or indirect risks to life or property?
☐ ☐ ☐ ☒
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?
☐ ☐ ☐ ☒
f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
☐ ☐ ☒ ☐

Section D Evaluation of Environmental Impacts 56 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 stabilization above and below Morrison Canyon Road, and provides criteria for site preparation and engineering fill construction. The full geotechnical evaluation can be found in Appendix D. a. (1) The project site is not located within the Alquist-Priolo Earthquake Fault zone (California Geological Survey Department of Conservation 2025). These zones delineate regions of potential ground surface rupture adjacent to active faults. The closest fault rupture hazard zone to the site is associated with the Hayward fault, which is within approximately 1¾ mile to the west. Therefore, the project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault.
(2) Based on historic activity, the potential for future seismic ground motion at the site is considered significant (Ninyo and Moore 2024). Therefore, the recommendations outlined in the geotechnical evaluation are required in order to mitigate future rockfall of the cut slopes above the road as well as stabilization of the earth slides downslope.

Pursuant to City Municipal Code Section 18.205.060, recommendations included in the geotechnical evaluation shall be incorporated into the project.

Compliance with the recommendations of the geotechnical evaluation on the upslope and downslope of the project site would ensure that impacts associated with seismic ground shaking are less than significant.

The roadway repair component of the project will be constructed according to applicable California Building Code requirements associated with seismic design in roadways.

Therefore, the roadway repair component of the project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving seismic ground shaking.
(3) Records of historic ground effects related to seismic activity (e.g. liquefaction, sand boils, lateral spreading, ground cracking) indicate that no ground effects related to historic seismic activity have been reported for the site (Ninyo and Moore 2024). Additionally, the project site is not located within a liquefaction hazard zone (California Geological Survey Department of Conservation 2025). Therefore, it is unlikely that the project would directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure including liquefaction. (4) The project site, and its surroundings, is located within a landslide zone (California Geological Survey Department of Conservation 2025). Therefore, as required by City Municipal Code Section 18.205.060, the proposed project is required to comply with the recommendations outlined in the geotechnical evaluation. Compliance with these recommendations would ensure that impacts associated with landslides would be less than significant.
b. Construction of the project would include ground disturbance and the repair of earth material slides involving 100 or more cubic yards of earth material, which could lead to top soil erosion and, therefore, requires a grading permit pursuant to City Municipal Code Section 18.205.030, Permits – When required – Exceptions.

Section D Evaluation of Environmental Impacts 57 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 As stated throughout City Municipal Code Section 18.205, the project will be required to provide an erosion control plan and specifications of soil erosion control areas as part of the grading permit process. Erosion control plans serve to identify potential erosion risks on a site and outlines the specific measures that will be taken to prevent or minimize soil erosion. City Municipal Code Section 18.205 also discusses storm water drainage requiring that no grading shall alter any existing or established drainage channel so as to create a substantial danger of or cause flooding, excessive erosion, or impairments of access for maintenance of such channel. Preparing an erosion control plan in compliance with the City Municipal Code would ensure that impacts associated with erosion would be less than significant.
c. As indicated previously under checklist question “ a (3),” the project site is not located in a liquefaction hazard zone and no ground effects related to historic seismic activity have been reported for the site (e.g. liquefaction, sand boils, lateral spreading, ground cracking). Additionally, the geotechnical evaluation found that the existing slope, in a dry condition, has a factor of safety of less than 1.5, which is considered unstable. Simulation of groundwater infiltration lowered the factor of safety to below 1.0. A factor of safety of below 1.0 indicates that the driving forces exceed the resisting forces, and slope failure would occur. The general industry standard for slopes (and retaining structures) is a design that achieves a factor of safety of 1.5 or more for static conditions (50 percent greater resisting forces than driving forces). Accordingly, the report evaluated measures to increase the slope stability to achieve a factor of safety of 1.5 or more.

With implementation of the recommendations outlined in the geotechnical evaluation (e.g., use of five rows of soil nails at a vertical spacing of ten feet between each soil nail, etc.), impacts associated with unstable soils would be reduced to a less-than-significant level.
d. According to the geotechnical evaluation, the project site contains minimally expansive soil. Therefore, it is unlikely that the project would create direct or indirect risks to life or property associated with expansive soil.
e. The proposed project involves repairing a roadway from storm damage and would not involve any use for septic tanks or alternative wastewater disposal systems. Therefore, no further analysis is necessary.
f. No paleontological resources are known to exist on the project site or within the project area (City of Fremont 2011). While no known paleontological resources have been identified on the project site, there is a possibility that undiscovered resources may exist.

Any disturbance of paleontological resources would be considered a significant impact.

The City of Fremont has developed requirements for the protection of paleontological resources that are set forth in \Chapter 18.218 of the Municipal Code. City Municipal Code Section 18.218.050.d.2.c states that in the event that any human remains or

Section D Evaluation of Environmental Impacts 58 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 historical, archaeological or paleontological resources are discovered during ground disturbing excavation, the provisions of CEQA Guidelines Sections 15064.5(e) and (f), and of subsection (c)[sic](2)(D) of this section, requiring cessation of work, notification, and immediate evaluation shall be followed.

Compliance with the City Municipal Code would ensure that potential impacts associated with paleontological resources are less than significant.

Section D Evaluation of Environmental Impacts 59 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

8. G REENHOUSE GAS EMISSIONS
Would the project:

Comments:
a. The air district’s Justification Report: CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plans outlines specific guidance that can be applied to evaluate whether an individual project would result in a significant GHG impact (Bay Area Air Quality Management District 2022). The CEQA guidelines include the following direction regarding construction-related GHG emissions:

There is no proposed construction-related climate impact threshold at this time. Greenhouse gas emissions from construction represent a very small portion of a project’s lifetime GHG emissions. The proposed thresholds for land use projects are designed to address operational GHG emissions which represent the vast majority of project GHG `emissions.

Construction projects, such as the proposed project, generate GHG emissions primarily from excavation, paving, material transport, and the use of construction equipment.

However, once construction is complete, these projects do not introduce new long-term operational GHG emissions. Consequently, the project would not generate GHG emissions that would have a significant impact on the environment.

For informational proposes, GHG emissions for the project were quantified in CalEEMod at 233 metric tons of carbon dioxide equivalent (MT CO 2e) per year. This is
equivalent to approximately 0.64 MT CO2e per day or 1,410 pounds per day over the construction period. This information can be seen in the CalEEMod results included in Appendix B, of this initial study.
b. The air district’s Justification Report: CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plans is referenced as the applicable plan for reducing GHG emissions. As described above, the project would generate only short-term construction-related GHG emissions, which represent a small fraction of the emissions typically produced by standard land use projects. Based on that guidance, the project would have less than significant GHG impacts. Therefore, the project would not conflict with the applicable plan for reducing GHG emissions.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
☐ ☐ ☒ ☐
b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gases?
☐ ☐ ☐ ☒

Section D Evaluation of Environmental Impacts 60 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

9. H AZARDS AND HAZARDOUS MATERIALS
Would the project:

Comments:
a. The proposed project does not involve the routing transport, use, or disposal of hazardous materials and, therefore, would not create a significant hazard to the public or the environment.
b. The project site consists of a damaged one lane road and hillsides. Based on historic aerial photographs, the project site has remained as a one lane road for several decades (Google Earth 2024). Therefore, the project would not 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.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
☐ ☐ ☐ ☒
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?
☐ ☐ ☐ ☒
c. Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
☐ ☐ ☐ ☒
d. Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code section 65962.5 and, as a result,
create a significant hazard to the public or the
environment?
☐ ☐ ☐ ☒
e. For a project located within an airport land-use plan or, where such a plan has not been adopted, within
two miles of a public airport or a public-use airport,
result in a safety hazard or excessive noise for people residing or working in the project area?
☐ ☐ ☐ ☒
f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
☐ ☐ ☐ ☒
g. Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or death involving wildland fires?
☐ ☐ ☐ ☒

Section D Evaluation of Environmental Impacts 61 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 c. The project site is located approximately 0.64 miles southeast from Vallejo Mill Elementary School, the nearest school to the site. In addition to the project itself not emitting hazardous emissions or handling hazardous or acutely hazardous materials, substances, or waste, the project site is not located within one-quarter mile of an existing or proposed school.
d. The following lists were reviewed:
 Hazardous Materials Waste and Substances Sites from the Department of Toxic Substances Control EnviroStor Database (Department of Toxic Substances Control 2024;
 Leaking Underground Storage Tank Sites from the State Water Board’s GeoTracker Database (State Water Resources Board 2024);
 Solid Waste Disposal Sites Identified by Water Board with Waste Constituents Above Hazardous Waste Levels Outside the Waste Management Unit (California Environmental Protection Agency 2024a);
 “Active” Cease and Desist Order and Cleanup and Abatement Orders from Water Board (California Environmental Protection Agency 2024b); and  List of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code, identified by the Department of Toxic Substances Control (California Environmental Protection Agency 2024c).

The project site is not located on any of these lists. Therefore, the proposed project is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would not create a significant hazard to the public or the environment.
e. The nearest airport to the project site is the San Jose Mineta International Airport, located approximately eight miles southwest. Therefore, the project is not located within an airport land use plan or within two miles of a public airport or public use airport and would not result in a safety hazard or excessive noise for people residing or working in the project area.
f. Primary evacuation routes for the City of Fremont are located along Interstate 680, leading into Mission Boulevard and along the eastern border of Mission Peak Regional Park. The project site, along Morrison Canyon Road, is not located within the vicinity of the City’s evacuation area (City of Fremont 2024). Therefore, the project does not impair implementation of or physically interfere with any adopted emergency response or evacuation plans.
g. The proposed project does not involve people or habitable structures and, therefore, would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires.

Section D Evaluation of Environmental Impacts 62 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

10. H YDROLOGY AND WATER QUALITY
Would the project:

Comments:
a. Construction Water Quality. Construction-related activities for the proposed project would involve soil disturbance that could impact water quality through soil erosion and increasing the amount of pollutants carried in runoff. Therefore, the project will be required to comply with the applicable regulations identified in the City Municipal Code Chapter 18.210, Stormwater Management and Discharge Control. For example, the project will be required to implement best management practices during construction activities such as covering exposed soil with materials, scheduling construction during dry Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade
surface or ground water quality?
☐ ☐ ☒ ☐
b. Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge such
that the project may impede sustainable groundwater
management of the basin?
☐ ☐ ☐ ☒
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:

(1) Result in substantial erosion or siltation on- or off- site;
☐ ☐ ☐ ☒
(2) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-
or off-site;
☐ ☐ ☐ ☒
(3) Create or contribute runoff water that would exceed the capacity of existing or planned storm water
drainage systems or provide substantial additional
sources of polluted runoff; or
☐ ☐ ☐ ☒
(4) Impede or redirect flood flows? ☐ ☐ ☐ ☒
d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
☐ ☐ ☐ ☒
e. Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?
☐ ☐ ☐ ☒

Section D Evaluation of Environmental Impacts 63 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 weather, and properly managing stormwater runoff. Pursuant to Section 18.210.120, Stormwater pollution reduction, the project shall utilize standards and guidelines set forth in the C3 Technical Guidance Manual and the California Stormwater Quality Association Stormwater Best Management Practice Handbook. Compliance with the City Municipal Code would ensure that water quality impacts associated with construction of the project would be less than significant.

Operational Water Quality. The project is a roadway repair and hillside stabilization project and, therefore, would have no operational water quality impacts. b. The project is a roadway repair and hillside stabilization project that does not involve any demand on groundwater resources. Therefore, the project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin c. (1) Erosion. Refer to Section 7.0, Geology and Soils, checklist question “b”. (2) Flooding. With respect to the scope of the project, there would not be an increase in impervious surfaces and, therefore, the project would not substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. (3) Runoff. With respect to the scope of the project, there would not be an increase in impervious surfaces and, therefore, the project would not create or contribute runoff water that would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. (4) Flood Flows. According to the Federal Emergency Management Agency, the project site is located in Flood Zone X (unshaded), which is the area determined to be outside the 500‐year flood and protected by levee from 100‐year floods (FEMA 2025). In addition to the site not being within a flood hazard zone, the nature of the proposed project would not impede or redirect flood flows.
d. The project site is located outside of any flood hazard zone that would risk release of pollutants due to project inundation (FEMA 2025) and is also outside of a tsunami zone (California Department of Conservation 2025).

Seiche hazards are waves produced in a confined body of water such as a lake or reservoir. Seiches can have similar effects to a tsunami, and could affect the City of Fremont by causing either of the reservoirs (Del Valle and Turner) in the hills to overtop their dams, leading to inundation or flooding in Niles Canyon and other portions of the city (City of Fremont 2011).

The project site is not located near an enclosed body of water and, therefore, the project would not release pollutants as a result of project inundation due to seiche hazards. e. The project is a roadway repair and hillside stabilization project that does not involve the demand for water. Therefore, the project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan.

Section D Evaluation of Environmental Impacts 64 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

11. L AND USE AND PLANNING
Would the project:

Comments:
a. The project does not physically divide any established community. The project site, on Morrison Canyon Road, is east of the Cherry-Guardino and Kimber-Gomes neighborhoods. Neither of these neighborhoods, or nearby communities, are at risk of being divided as a result of project implementation.
b. The various environmental topics in this initial study address applicable land use plans, policies, and regulations adopted for the purpose of avoiding or mitigating environmental effects. This initial study shows that for those environmental topics, there are either no impacts, less than significant impacts, or significant impacts that can be mitigated to a less-than-significant level. Therefore, the project would not create significant environmental impacts due to conflicts with a land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Physically divide an established community? ☐ ☐ ☐ ☒ b. Cause any 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?
☐ ☐ ☐ ☒

Section D Evaluation of Environmental Impacts 65 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

12. M INERAL RESOURCES
Would the project:

Comments:
a-b. The City of Fremont includes multiple types of mineral resources designated by the state as regionally significant such as construction aggregate (sand, gravel, and crushed rock), salt, and other resources (clay, mineral springs, and limestone). Diagram 7-4 in the Conservation Element of the General Plan identifies areas within Fremont that contain mineral resources or are subject to the Surface Mining and Reclamation Act.

The project site is not located within any of these areas and, therefore, the proposed project would not 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 nor would the project result in the loss of availability of a locally important mineral resource recovery site delineated in a local general plan, specific plan, or other land use plan.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Result in loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
☐ ☐ ☐ ☒
b. Result in the loss of availability of a locally important mineral resource recovery site delineated in a local
general plan, specific plan, or other land-use plan?
☐ ☐ ☐ ☒

Section D Evaluation of Environmental Impacts 66 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

13. N OISE
Would the project result in:

Comments:
a. Temporary Noise. The project involves roadway repair and slope stabilization and is anticipated to temporarily generate noise due to construction-related activities taking place on the project site. Construction noise could result in a short-term increase in ambient noise levels at nearby noise sensitive land uses, such as the residences located

0.5 mile southeast of the project site. However, construction noise is not generally considered to be a significant impact if construction is limited to the daytime hours.

Chapter 18.160 of the City Municipal Code sets forth construction hours as follows:
“Construction activity for projects not located within 500 feet of residences, lodging facilities, nursing homes or inpatient hospitals shall be limited to the weekday hours of 6:00 a.m. to 10:00 p.m. and the weekend or holiday hours of 8:00 a.m. to 8:00 p.m.” (City of Fremont 2024).

While the City Municipal Code establishes regulations for projects that generate noise, it also sets forth exemptions for noise-generating construction or repair projects that are in the interest of the public’s health and safety. City Municipal Code Section 9.25.040 exempts projects related to the repair of storm drains and roads, such as the proposed project, and any other projects that fall within the classification of “public health, welfare, and safety activities” from general noise control and enforcement procedures (City of Fremont 2024). Therefore, the project’s potential to generate temporary noise would be less than significant.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
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 in applicable
standards of other agencies?
☐ ☐ ☒ ☐
b. Generation of excessive ground-borne vibration or
ground borne noise levels?
☐ ☐ ☒ ☐
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 two miles of a
public airport or public-use airport, expose people
residing or working in the project area to excessive
noise levels?
☐ ☐ ☐ ☒

Section D Evaluation of Environmental Impacts 67 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Permanent Noise. The project is a roadway repair and slope stabilization project, and would not result in an increase in traffic on the roadway. Therefore, the project would not involve any permanent noise increases during operation. b. The project may include the use of pavement-breaking equipment that could generate ground borne vibrations. The project site is located approximately one mile northeast of the Cherry-Guardino and Kimber-Gomes neighborhoods and approximately 0.5 miles northwest of the residences located on Ridge Terrace. Therefore, it is unlikely that strong vibrations generated by construction of the project could be felt at these locations.

Due to the project’s distance to sensitive receptors and the short-term duration of the potential vibrations (i.e., during construction only), the project is not expected to generate excessive ground-borne vibration or ground borne noise levels. c. The project site is not located within the vicinity of a private airstrip or airport land-use plan or within two miles of a public-use airport. The nearest airport, San Jose Mineta International Airport, is located approximately 19 miles south of the project site.

Additionally, the project is a roadway repair and stabilization project that would not involve people residing or working within the project area. Therefore, the project would not expose people residing or working in the project area to excessive noise levels.

Section D Evaluation of Environmental Impacts 68 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

14. P OPULATION AND HOUSING
Would the project:

Comments:
a-b. The proposed would not increase population nor would it displace existing housing.

Therefore, no impacts would occur associated with inducing substantial unplanned population growth or displacing substantial numbers of existing people or housing necessitating the construction of replacement housing elsewhere.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Induce substantial unplanned population growth in an area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through extension of
roads or other infrastructure)?
☐ ☐ ☐ ☒
b. Displace substantial numbers of existing people or
housing, necessitating the construction of replacement
housing elsewhere?
☐ ☐ ☐ ☒

Section D Evaluation of Environmental Impacts 69 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

15. P UBLIC SERVICES
Would the project result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the following public services:

Comments:
a-e. The proposed project involves repairing Morrison Canyon Road along with other associated hillside stabilization repairs. The project also does not involve an increase in population. Therefore, the project would not result in any physical impacts associated with the provision of or need for new or physically altered fire, police, school, or park facilities.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Fire protection? ☐ ☐ ☐ ☒
b. Police protection? ☐ ☐ ☐ ☒
c. Schools? ☐ ☐ ☐ ☒
d. Parks? ☐ ☐ ☐ ☒
e. Other public facilities? ☐ ☐ ☐ ☒

Section D Evaluation of Environmental Impacts 70 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

16. R ECREATION
Comments:
a-b. The proposed project does not involve an increase in population. Therefore, the project would not 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. The project also does not include recreational facilities or require the construction or expansion of recreational facilities, the construction of which could cause an adverse physical effect on the environment.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
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?
☐ ☐ ☐ ☒
b. Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which might have an adverse physical effect on the environment?
☐ ☐ ☐ ☒

Section D Evaluation of Environmental Impacts 71 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

17. T RANSPORTATION
Would the project:

Comments:
a. The project includes the repair an existing roadway and stabiliz ing the adjacent hillsides due to storm damage. Therefore, the project does not involve components that would conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities. b. The project includes the repair an existing roadway and stabilizing the adjacent hillsides due to storm damage. Therefore, the project does not involve components that would conflict or be inconsistent with CEQA guidelines section 15064.3, subdivision (b). c. The project includes the repair an existing roadway and stabilizing the adjacent hillsides due to storm damage. Therefore, the project would not substantially increase hazards due to a geometric design feature.
d. The project includes the repair an existing roadway and stabilizing the adjacent hillsides due to storm damage. Therefore, the project does not involve any components that would result in inadequate emergency access.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Conflict with a program, plan, ordinance, or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
☐ ☐ ☐ ☒
b. Conflict or be inconsistent with CEQA guidelines
section 15064.3, subdivision (b)?
☐ ☐ ☐ ☒
c. Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
☐ ☐ ☐ ☒
d. Result in inadequate emergency access? ☐ ☐ ☐ ☒

Section D Evaluation of Environmental Impacts 72 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

18. T RIBAL CULTURAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
Comments:
a. The City sent out offer letters of consultations to the Native American tribes traditionally and culturally affiliated with the project area on March 4, 2025 and one response was received via email on March 7, 2025 from the Wilton Rancheria Tribe. The Tribe indicated they had no comments on the project and did not request consultation (Mark Hungerford, email message, July 29, 2025).

a. Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public
Resources Code section 21074 as either a site, feature, place, or 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:

(1) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of
historical resources as defined in Public Resources
code section 5020.1(k), or
☐ ☐ ☐ ☒
(2) 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 Public Resources Code Section
5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead
agency shall consider the significance of the resource
to a California Native American tribe.
☐ ☐ ☐ ☒

Section D Evaluation of Environmental Impacts 73 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

19. U TILITIES AND SERVICE SYSTEMS
Would the project:

Comments:
a. The project is a roadway repair and hillside stabilization project that would not require or result in the relocation or construction of new or expanded water, wastewater treatment, electric power, natural gas, or telecommunications facilities.

The proposed project may require the repair of up to six existing culverts, which are an essential part of storm water drainage systems. However, the environmental impacts that may occur as a result of their repair have been addressed within other sections of this initial study such as air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, and noise. All potential impacts can be reduced to a less than significant level through implementation of mitigation measures, the City’s Municipal Code, and/or General Plan policies.
b. The project is a roadway repair and hillside stabilization project that does not involve a demand for water. Therefore, the project would have no impact on water supplies.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Require or result in the relocation or construction of new or expanded water, wastewater treatment, storm
water drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?
☐ ☒ ☐ ☐
b. Have sufficient water supplies available to serve the project and reasonably foreseeable future
development during normal, single-dry and
multiple- dry years?
☐ ☐ ☐ ☒
c. Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has inadequate capacity to serve the project’s
projected demand in addition to the provider’s
existing commitments?
☐ ☐ ☐ ☒
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?
☐ ☐ ☐ ☒
e. Comply with federal, state, and local management and reduction statutes and regulations related to solid
waste?
☐ ☐ ☐ ☒

Section D Evaluation of Environmental Impacts 74 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 c. The project is a roadway repair and hillside stabilization project that does not involve the generation of wastewater. Therefore, the project would have no impacts associated with wastewater.
d-e. The project includes the removal of concrete at the project site, which would constitute solid waste. Republic Services of Alameda County (formerly “Allied Waste of Alameda County”) currently provides curbside pick-up of recyclables, organics and garbage in Fremont. Materials collected are transported to the Fremont Recycling and Transfer Station located at 41149 Boyce Road for processing, with garbage later being transported to the Altamont Landfill, approximately seven miles north of Livermore (City of Fremont 2011). The majority of solid waste materials are transferred to Altamont Landfill; however, some materials are also transferred commercially to other facilities such as Republic Services Newby Island Landfill in San Jose (City of Fremont 2011).

The California Integrated Waste Management Act of 1989 specifies mandatory diversion rates for solid waste from landfills throughout the state. The current standard for diversion is 50 percent (City of Fremont 2011). Stopwaste.org operates as the Alameda County Waste Management Authority and is responsible for the oversight of solid waste operations in the county (City of Fremont 2011).

The following General Plan policies have been adopted as a means of ensuring the proper handling and disposal of solid waste:
 Policy 9-6.1: Increase Waste Diversion;
 Policy 9-6.3: Implement the Waste Management Hierarchy;  Policy 9-6.4: Consider Environmental Benefits and Impacts;  Policy 9-6.5: Support Regional Public and Private Waste Diversion; and  Policy 9-8.3: Promote Discard Decisions that Reduce Waste and Pollution (City of Fremont 2011).

The project would be in compliance with federal, state, and local management and reduction statutes and regulations related to solid waste.

Section D Evaluation of Environmental Impacts 75 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

20. W ILDFIRE
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:

Comments:

While the state’s fire hazard map shows that the area is not located in a very high fire hazard severity zone (CalFire 2025), the City of Fremont has enacted Ordinance 33-2007 to override the state’s determination and has determined that the project area is located within a very high fire hazard severity zone (City of Fremont 2024a).

The project site consists of a gently sloping and narrow paved roadway adjacent to hillsides that are approximately ⅓:1 to 1:1 (horizontal to vertical) upslope and downslope of the roadway. The slope ratio in the hillside is approximately 2:1 H:V in most locations. The project site is dominated by grassland vegetation upslope of the road and riparian vegetation downslope of the road. Morrison Creek, a small perennial stream, runs parallel to the road to the south. No tree removal or significant tree pruning is anticipated.

The proposed project would not alter the existing pervious areas (upslope and downslope hillsides) nor the impervious areas (roadway). There are no overhead wires located within or near the project site.
a. Refer to Section 9.0, Hazards and Hazardous Materials, checklist question “f.” The project would not impair an adopted emergency response plan or emergency evacuation plan.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Substantially impair an adopted emergency response
plan or emergency evacuation plan?
☐ ☐ ☐ ☒
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 wildfire?
☐ ☐ ☐ ☒
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?
☐ ☐ ☒ ☐
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?
☐ ☐ ☒ ☐

Section D Evaluation of Environmental Impacts 76 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 In addition to the wildfire hazard treatment that is set forth in the General Plan EIR and in the Municipal Code, the City of Fremont has also developed a Wildfire Action Plan that serves as a preparation guide to adequately managing and mitigating the impacts of wildfire in the City (City of Fremont 2024b).
b. The roadway itself is slightly sloping while the adjacent hillsides upslope and downslope are very steep. Should a wildfire occur at the project site, this slope would increase the speed and intensity of the wildfire exacerbating wildfire risks. However, the proposed project does not involve occupants as it is simply a roadway repair and hillside stabilization project. The project would not alter the use or change the landscape/character of the site. Therefore, the project would not exacerbate wildfire risks and would not expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of wildfire.
c. The project involves the potential repair of existing culverts, should they require repairs/replacements, and the repair to an existing roadway; both of which experienced damage from recent storms. All potential impacts to the environment associated with the proposed project are discussed throughout this initial study. All potential impacts have been reduced to a less-than-significant level with the implementation of mitigation measures, the City’s Municipal Code, and/or General Plan policies. Given that the project site would benefit from the repairs associated with the project, in addition to implementation of the mitigation measures, the City’s Municipal Code, and/or General Plan policies listed in this initial study, any impacts that could exacerbate fire risk or that may result in temporary impacts to the environment would be less than significant. d. The proposed project does not involve people or structures. Therefore, the project would not 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.

Section D Evaluation of Environmental Impacts 77 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025

21. M ANDATORY FINDINGS OF SIGNIFICANCE
Comments:
a. Construction of the proposed project could have an adverse impact on s pecial-status plant and wildlife species that may be present at the site. Proposed construction activities could also have an impact on nesting birds in the project vicinity. Mitigation Measures BIO-1 through BIO-8 presented in Section 4.0, Biological Resources, would ensure potential impacts are less than significant. Therefore, the project would not have the potential to substantially degrade the quality of the environment; substantially reduce the habitat of a fish or wildlife species; cause a fish or wildlife population to drop below self- sustaining levels; threaten to eliminate a plant or animal community; or substantially reduce the number or restrict the range of an endangered, rare, or threatened species.

The proposed project has the potential to result in adverse effects to unknown, buried historic resources or unique archaeological resources. As discussed in Section 5.0, Cultural Resources, implementation of mitigation measure CR-1, as well as regulations identified in the City Municipal Code would ensure that such an impact, if it were to occur, would not be significant and would not eliminate important examples of the major periods of California history or prehistory.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
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 an endangered, rare, or threatened species; or eliminate important examples of the major
periods of California history or prehistory?
☐ ☒ ☐ ☐
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, and the effects of probable future
projects)
☐ ☐ ☒ ☐
c. Does the project have environmental effects, which
will cause substantial adverse effects on human beings, either directly or indirectly?
☐ ☐ ☒ ☐

Section D Evaluation of Environmental Impacts 78 EMC Planning Group Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 b. Proposed project impacts that contribute to cumulative project construction impacts are required to be lessened per the mitigation measures presented in this initial study, as well as applicable City codes. With implementation of the mitigation measures, standards and policies identified herein, the project’s contribution to cumulative project impacts would not be considerable.
c. Based on the analysis provided in this initial study, the proposed project could indirectly cause substantial adverse effects to human beings through temporary construction criteria air pollutants, and temporary construction noise. However, as discussed throughout this initial study, the impacts would not be significant with implementation of uniformly applied regulations. Therefore, the proposed project would not result in significant environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly.

Section E Sources 79 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 E. S OURCES
Environmental Setting
Google Earth. 2025.

Project Description
City of Fremont. Morrison Canyon Road Emergency Slope Repair – Conceptual Plan.

Received January 27, 2025.

Aesthetics
California Department of Transportation. “California State Scenic Highway System Map.” Accessed on November 21, 2024.
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46 cc8e8057116f1aacaa
City of Fremont. September 2011. Final Environmental Impact Report State Clearinghouse Number:
2010082060 Fremont Draft General Plan Update. Fremont, CA.

Ninyo & Moore. June 2023. Morrison Canyon Road Visual Assessment Report. Fremont, CA.

Agriculture
California Department of Conservation. “California Important Farmland Finder.” Accessed on November 12, 2024. https://maps.conservation.ca.gov/DLRP/CIFF/ California Department of Conservation. “California Williamson Act Enrollment Finder.” Accessed on February 7, 2025. https://maps.conservation.ca.gov/dlrp/WilliamsonAct/ City of Fremont. “Fremont eGIS Public.” Accessed on November 12, 2024. https://egis.fremont.gov/gisapps/fremont/index.html?viewer=Public.gvh&_gl=1*17g m3ap*_ga*ODAxMzQwNTYzLjE3MzEzNjAwMzA.*_ga_24CKMMECR8*MTczMT QzNjcxOS41LjEuMTczMTQzNzM1MS41Ni4wLjA.

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City of Fremont. December 2011b. City of Fremont General Plan. Fremont, CA.

Air Quality
Bay Area Air Quality Management District. 2022. California Environmental Quality Act Air Quality Guidelines. April 20, 2022. https://www.baaqmd.gov/plans-and-climate/california- environmental-quality-act-ceqa/updated-ceqa-guidelines

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Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Bay Area Air Quality Management District. 2017a. Spare the Air Cool the Climate A Blueprint for Clean Air and Climate Protection in the Bay Area Final 2017 Clean Air Plan. https://www.baaqmd.gov/plans-and-climate/air-quality-plans/current-plans.

April 19, 2017
Bay Area Air Quality Management District. 2017b. Air Quality Standards and Attainment Status.

January 5, 2017. https://www.baaqmd.gov/about-air-quality/research-and-data/air- quality-standards-and-attainment-status. Accessed February 6, 2025 City of Fremont. 2024. Fremont Municipal Code Section 18.218.050 - Standard Development Requirements. November 12, 2024.
https://www.codepublishing.com/CA/Fremont/html/Fremont18/Fremont18218.htm l. Accessed February 10, 2025
CSG Consultants, Inc. 2025. Morrison Canyon Road Emergency Slope Repair. January 21, 2025 Biological Resources
Baldwin, B. et al. 2012. The Jepson Manual: Vascular Plants of California. Second Edition. University of California Press, Berkeley, CA.

Calflora Database. 2025. Calflora: Information on California plants for education, research and conservation online database. Berkeley, California. Accessed January 2025. https://www.calflora.org/ California Department of Fish and Wildlife (CDFW). 2025a. California Natural Diversity Database (CNDDB) online database. Sacramento, California. Accessed January 2025. https://wildlife.ca.gov/data/cnddb
CDFW. 2025b. Biogeographic Information and Observation System (BIOS) online database.

Sacramento, California. Accessed January 2025. http://bios.dfg.ca.gov CDFW. 2025c. California Natural Community List. Sacramento, California. Accessed January 2025. https://wildlife.ca.gov/Data/VegCAMP/Natural-Communities CDFW. 2025d. California Essential Habitat Connectivity Project. Sacramento, California. Accessed January 2025. https://wildlife.ca.gov/Conservation/Planning/Connectivity/CEHC CDFW. 2008b. Life History Account for California Red-legged Frog. Wildlife Habitat Relationships System. California Interagency Wildlife Task Group.

CDFW. 2018. Protocols for Surveying and Evaluating Impacts to Special-Status Native Plant Populations and Sensitive Natural Communities. Sacramento, California.
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=18959&inline California Invasive Plant Council (Cal-IPC). 2025. Cal-IPC Invasive Plant Inventory online database.

Accessed January 2025. https://www.cal-ipc.org/plants/inventory/

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Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 California Native Plant Society (CNPS). 2001. CNPS Botanical Survey Guidelines.

Sacramento, California. https://www.cnps.org/plant-science/field-protocols-guidelines California Native Plant Society (CNPS). 2025a. Manual of California Vegetation.

Sacramento, California. Accessed January 2025.
https://www.cnps.org/vegetation/manual-of-california-vegetation California Native Plant Society (CNPS). 2025b. Inventory of Rare and Endangered Plants of California online database. Sacramento, California. Accessed December 2024. http://www.rareplants.cnps.org
City of Fremont. 2011a. A Vision for Fremont’s Future General Plan 2030. Chapter 7. Conservation Element. Accessed January 2025.
https://www.fremont.gov/home/showpublisheddocument/791/637750630830170000 City of Fremont. September 2011b. Final Environmental Impact Report State Clearinghouse Number:
2010082060 Fremont Draft General Plan Update. Fremont, CA.

City of Fremont. 2025. Municipal Code. Accessed February 2025. https://www.codepublishing.com/CA/Fremont/
iNaturalist. 2025. Community Observations. Accessed January 2025. https://www.inaturalist.org/observations
Jepson Flora Project. 2025. Jepson eFlora online database. Accessed January 2025. https://ucjeps.berkeley.edu/eflora/
Jameson, E. W., and Hans J. Peeters. 2004. Mammals of California. University of California Press.

Nafis, G. 2025. California Herps: A Guide to the Amphibians and Reptiles of California online database. http://www.californiaherps.com/
Sawyer, J. O., T. Keeler-Wolf, and J.M. Evens. 2009. A Manual of California Vegetation.

California Native Plant Society, Sacramento, CA.

Sibley, David A. 2016. The Sibley Field Guide to Birds of Western North America: Second Edition.

New York, Alfred A. Knopf.

U.S. Fish and Wildlife Service (USFWS). 2025a. Critical Habitat for Threatened and Endangered Species online mapper. Accessed January 2025.
https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap=9d8de5e265ad4fe 09893cf75b8dbfb77
USFWS. 2025b. Endangered Species Program online database. Species list for Morrison Canyon.

Washington, D.C. Accessed January 2025. http://www.fws.gov/endangered/ USFWS. 2025c. National Wetlands Inventory online database. Washington, D.C.

Accessed January 2025. http://www.fws.gov/wetlands/

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Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 USFWS. 2003. Interim Guidance on Site Assessment and Field Surveys for Determining Presence or a Negative Finding of the California Tiger Salamander.

USFWS. 2005. Revised Guidance on Site Assessments and Field Surveys for the California Red-Legged Frog U.S. Geological Survey (USGS). 2024. National Map Spot Elevation Data. Online mapper. https://apps.nationalmap.gov/viewer/
Cultural Resources
City of Fremont. Fremont Municipal Code. Current through November 12, 2024. https://www.codepublishing.com/CA/Fremont/
EMC Planning Group. February 2025. Morrison Canyon Road Storm Repair and Mitigation Project - Phase I Archaeological Survey. Monterey, CA.

Northwest Information Center. File No. 24-0730.

Energy
California Air Resources Board. 2023. In-Use Off-Road Diesel-Fueled Fleets Regulation.

August 18, 2023. https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled- fleets-regulation. Accessed February 10, 2025
California Air Resources Board. 2021. Airborne Toxic Control Measure to Limit Diesel-Fueled Commercial Motor Vehicle Idling. September 9, 2021. https://ww2.arb.ca.gov/our- work/programs/atcm-to-limit-vehicle-idling/about. Accessed February 10, 2025 California Air Resources Board. 2018. Low Carbon Fuel Standard. 2018. https://ww2.arb.ca.gov/our-work/programs/low-carbon-fuel-standard/about.

Accessed February 10, 2025
Environmental Protection Agency. 2024. Basic Information about the Emission Standards Reference Guide for On-road and Nonroad Vehicles and Engines. May 16, 2024. https://www.epa.gov/emission-standards-reference-guide/basic-information-about- emission-standards-reference-guide-road. Accessed February 10, 2025 Geology and Soils
Alameda County. (2016). Onsite Wastewater Treatment Systems Local Agency Management Program. Accessed on February 03, 2025.
http://www.acgov.org/uninc/documents/AlamedaCountyDRAFTLAMPPublicNotice 03-11-2016.pdf
California Geological Survey Department of Conservation. Earthquake Zones of Required Investigation. Accessed on February 03, 2025.
https://maps.conservation.ca.gov/cgs/informationwarehouse/eqzapp/

Section E Sources 83 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 City of Fremont. September 2011a. Final Environmental Impact Report State Clearinghouse Number:
2010082060 Fremont Draft General Plan Update. Fremont, CA.

City of Fremont. Fremont Municipal Code. Current through November 12, 2024. https://www.codepublishing.com/CA/Fremont/
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United States Geological Survey. (2024). U.S. Landslide Inventory and Susceptibility Map.

Accessed on February 03, 2025.
https://usgs.maps.arcgis.com/apps/webappviewer/index.html?id=ae120962f459434b8 c904b456c82669d
Greenhouse Gas Emissions
Bay Area Air Quality Management District. 2022. Justification Report: CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plans. April, 2022 Hazards and Hazardous Materials
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California Environmental Protection Agency. “List of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code, identified by DTSC.” Accessed on November 18, 2024c.
https://calepa.ca.gov/sitecleanup/corteselist/section-65962-5a/?emrc=63f01af3d8806 California Department of Toxic Substances Control. “Envirostor.” Accessed on November 18, 2024. https://www.envirostor.dtsc.ca.gov City of Fremont. (2024). City of Fremont Evacuation Routes. City of Fremont Evacuation Map.

Accessed on January 30, 2025.
https://www.arcgis.com/apps/mapviewer/index.html?webmap=0dd6fd25e07c4c5ab84 48787f072dc14

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Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Google Earth. 2024.

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Hydrology and Water Quality
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https://maps.conservation.ca.gov/cgs/informationwarehouse/ts_evacuation/ California Geological Survey Department of Conservation. FEMA's National Flood Hazard Layer Viewer. Accessed on February 05, 2025. https://hazards- fema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b 5529aa9cd
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https://msc.fema.gov/portal/search#searchresultsanchor
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Land Use and Planning
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Mineral Resources
City of Fremont. December 2011b. City of Fremont General Plan. Fremont, CA.

Noise
City of Fremont. December 2011b. City of Fremont General Plan. Fremont, CA.

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Population and Housing
City of Fremont. Morrison Canyon Road Emergency Slope Repair – Conceptual Plan.

Received January 27, 2025.

Section E Sources 85 EMC Planning Group
Morrison Canyon Road Storm Repair and Mitigation Initial Study August 2025 Public Services
City of Fremont. Morrison Canyon Road Emergency Slope Repair – Conceptual Plan.

Received January 27, 2025.

Recreation
City of Fremont. Morrison Canyon Road Emergency Slope Repair – Conceptual Plan.

Received January 27, 2025.

Transportation
City of Fremont. (2024). City of Fremont Evacuation Routes. City of Fremont Evacuation Map.

Accessed on January 30, 2025.
https://www.arcgis.com/apps/mapviewer/index.html?webmap=0dd6fd25e07c4c5ab84 48787f072dc14
City of Fremont. December 2011b. City of Fremont General Plan. Fremont, CA.

Tribal Cultural Resources
Hungerford, Mark, Senior Planner, City of Fremont. Comment on draft initial study via email message to consultant, 29 July 2025.

Utilities and Service Systems
Alameda County Water District. (2024). Water Resources Master Plan Update. Water Resources Master Plan Update | Alameda County Water District.
https://www.acwd.org/805/Water-Resources-Master-Plan-Update Alameda County Water District. (n.d.). State water project. State Water Project. https://www.acwd.org/378/State-Water-Project
City of Fremont. September 2011a. Final Environmental Impact Report State Clearinghouse Number: 2010082060 Fremont Draft General Plan Update. Fremont, CA.

Wildfire
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Accessed on February 03, 2025.
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