CARLSBAD
FRESNO
IRVINE
LOS ANGELES
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROSEVILLE
SAN LUIS OBISPO
157 Park Place, Pt. Richmond, California 94801 510.236.6810 www.lsa.net
MEMORANDUM
DATE: November 1, 2021
TO: Deven Young, Alta Planning + Design, Inc.
Brian Burchfield, Alta Planning + Design, Inc.
FROM: Shanna Guiler, AICP, Associate/Environmental Planner Theresa Wallace, AICP, Principal/Environmental Planner
SUBJECT: Memorandum in Support of a Statutory Exemption for the Dumbarton Bridge to Quarry Lakes Trail Project, Fremont, Alameda County, California
This memorandum was prepared to support a Statutory Exemption under the California Environmental Quality Act (CEQA) for the proposed Dumbarton Bridge to Quarry Lakes Trail Project (proposed project) in the City of Fremont, Alameda County. The City of Fremont (City) proposes to construct approximately 6 miles of new trail connecting the Dumbarton Bridge to the Quarry Lakes Recreation Area. An additional two miles of trail would be constructed by others, resulting in a total 8‐mile trail connection. The proposed trail would facilitate an east‐west regional walking and biking connection between San Mateo/Santa Clara counties and Alameda County, as well as provide trail connections to priority development areas, transit centers, regional open space areas, and residential neighborhoods. The proposed trail would generally consist of paved Class I multi‐use pathways, Class IV separated bikeways, protected intersections, and sidewalks that conform to the access requirements of the Americans with Disabilities Act (ADA). The proposed project is fully described in Attachment A, Project Description.
In September 2020, Governor Newsom signed Senate Bill 288 (SB 288) into law. SB 288 amends the California Environmental Quality Act (CEQA), to provide streamlining for certain types of transportation‐related projects. Specifically, SB 288 creates Public Resources Code Section 21080.25, which adds additional categories to the list of projects that have been determined to not have a significant effect on the environment and are therefore determined to be exempt from the provisions of CEQA. As a pedestrian and bicycle facility, the project appears to qualify for an exemption under SB 288. The purpose of this memorandum is to determine whether the project meets the criteria outlined in Public Resources Code Section 21080.25 for a Statutory Exemption under CEQA.
STATUTORY EXEMPTION
As described above, SB 288 creates Public Resources Code Section 21080.25, which establishes statutory exemptions for projects related to the institution or increase of public mass transit, including bus, bus rapid transit, light rail, and passenger rail, or commuter services, including
11/1/21 (P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Exemption Memorandum\DumbartonTrail_Exemption Memo_rev110121.docx) 2 pedestrian and bicycle facilities. This list of projects, established in Public Resources Code Section 21080.25(b) have been determined not to have a significant effect on the environment and, as a result, are exempt from review under CEQA. This document has been prepared to serve as the basis for compliance with CEQA as it pertains to the proposed project, and to demonstrate that the project qualifies for a CEQA Exemption, consistent with the provisions of Public Resources Code Section 21080.25.
Public Resources Code Section 21080.25(b)(1) states that CEQA shall not apply to “pedestrian and bicycle facilities, including new facilities. Bicycle facilities include bicycle parking, bicycle sharing facilities, and bikeways, as defined in Section 890.4 of the Streets and Highways Code.” Section 890.4 of the Streets and Highways Code defines these facilities as all facilities that provide primarily for, and promote bicycle travel (e.g., bike paths [Class I bikeways], bike lanes [Class II bikeways], and bike routes [Class III bikeways] and cycle tracks [Class IV bikeways]).
As outlined in Attachment A, Project Description, the proposed project would install approximately 6 miles of new trail, primarily consisting of Class I multi‐use pathways and Class IV bikeways with adjacent sidewalks to accommodate both bicyclists and pedestrians. The proposed project would also include installation of new crosswalks and intersection improvements, such as new curb ramps/curb extensions, bikeway crossing markings with directional chevrons, detectable warning surfaces, and HAWK beacons to facilitate safe crossings for bicyclists and pedestrians using the proposed trail. Due to its nature, the project properly qualifies for an exemption under Public Resources Code Section 21080.25(b)(1) and, as a result, would not have a significant effect on the environment. Additionally, the analysis provided below shows that the proposed project meets the criteria for qualifying for the statutory exemption, as identified in Public Resources Code Section 21080.25(c).
EXEMPTION CRITERIA
In addition to meeting the definition of exempt projects established in Public Resources Code Section 21080.25 (e.g., pedestrian and bicycle facilities), the project must meet specific criteria, as specified in Public Resources Code Section 21080.25(c) in order to be considered exempt under Public Resources Code Section 21080.25. Each of the criteria established in Public Resources Code Section 21080.25(c) is listed below, followed by an explanation of why the proposed project meets those criteria.
Criterion (1): Lead Agency
a. A public agency is carrying out the project and is the lead agency for the project.
As outlined in Attachment A, Project Description, the proposed trail segments would be implemented by the City of Fremont, a local public agency. The City is both the project proponent and Lead Agency for environmental review. Therefore, the proposed project meets this criterion.
Criterion (2): Urbanized Area
b. The project is located in an urbanized area.
11/1/21 (P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Exemption Memorandum\DumbartonTrail_Exemption Memo_rev110121.docx) 3 The proposed trail corridor would begin at the eastern terminus of the Dumbarton Bridge and extend east to terminate at Paseo Padre Parkway, just north of the Quarry Lakes Regional Recreation Area, in the City of Fremont. The trail alignment would be wholly located within an existing urbanized area, which supports a variety of land uses, including industrial, residential, roadways, public facilities, parks, and open space. Therefore, the proposed project meets this criterion.
Criterion (3): Public Right‐of‐Way
c. The project is located on or within an existing public right‐of‐way.
Public Resources Code Section 21080.25(b)(5) establishes the Statutory Exemption for transit projects, on existing public rights‐of‐way or existing highway rights‐of‐way, whether or not the right‐ of‐way is in use for public mass transit. However, Public Resources Code Section 21080.25 does not specify similar right‐of‐way conditions for bicycle and pedestrian facilities exempt under Public Resources Code Section 21080.25(b)(1), nor does it provide a definition for public right‐of‐way under Public Resources Code Section 21080.25(c). Further, the statute does not require the Lead Agency to own or control the public right‐of‐way. The proposed project would meet the statute’s intent to expand and enact CEQA exemptions to reduce the time and cost of delivering transit and sustainable transportation projects in California, and thereby boost the COVID‐damaged economy while furthering the State’s environmental goals.
Section 801 of the California Civil Code states that an easement is a type of public right of way. As defined in Section 801, “the following land burdens, or servitudes upon land, may be attached to other land as incidents or appurtenances, and are then called easements: …4. The right‐of‐way;…” In addition, Section 8308 of the Streets and Highways Code defines “street” and “highway” to “include all or part of, or any right in, a state highway or other public highway, road, street, avenue, alley, lane, driveway, place, court, trail, or other public right‐of‐way or easement, or purported public street or highway, and rights connected therewith, including, but not limited to, restrictions of access or abutters’ rights, sloping easements, or other incidents to a street or highway.” These definitions are consistent with the City’s definition of right‐of‐way, which establish the public right‐of‐way as real property, dedicated to or otherwise acquired by the city for the benefit of the public and owned in fee, easement or other title, used for or planned to be used for the primary purpose of vehicular and/or pedestrian travel as a street.1 As outlined in Attachment A, Project Description, the proposed trail would be constructed within public right‐of‐way, either along existing public roadways or within an easement or other similar property interest to be acquired by the City from other landowners, including the California Department of Transportation (Caltrans), East Bay Regional Park District, Fremont Unified School District, and Alameda County Flood Control District. In these areas, the proposed trail would be
1 Fremont, City of. 2021. City of Fremont Municipal Code, Chapter 12.10 – Street Rights‐of‐Way and Improvements. Website: www.codepublishing.com/CA/Fremont/#!/Fremont12/Fremont1210.html#12.10 (accessed June 16, 2021).
11/1/21 (P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Exemption Memorandum\DumbartonTrail_Exemption Memo_rev110121.docx) 4 constructed within easements, license agreements, or other property agreements, granted to the City for the purposes of trail construction.
As established in Public Resources Code Section 21080.25(b)(5), the proposed project would be constructed within existing public right‐of‐way, which is currently not in use for public mass transit, but would be used for pedestrian and bicycle facilities. Further, consistent with the City of Fremont Municipal Code, the proposed project would be constructed within public right‐of‐way owned or to be acquired by the City of the purpose of public access. Therefore, the proposed project meets this criterion.
Criterion (4): Physical Infrastructure
d. The project shall not add physical infrastructure that increase new automobile capacity on existing right‐of‐way except for minor modifications needed for the efficient and safe movement of transit vehicles, such as extended merging lanes. The project shall not include the addition of any auxiliary lanes.
The proposed project would entail construction of approximately 6 miles of trail between the eastern end of the Dumbarton Bridge and the Quarry Lakes Regional Recreation Area in the City of Fremont. As outlined in Attachment A, Project Description, the majority of the proposed trail alignment would consist of Class I multi‐use pathways that provide connections to other existing and proposed facilities within the trail corridor. In addition, the proposed project would include installation of new roadway crossings and intersection improvements to provide safe crossings for pedestrians and bicyclists using the proposed trail. Improvements would include new curb ramps/landing areas, HAWK beacons, custom bicycle/pedestrian markings, bikeway crossing markings with directional chevrons, and crosswalks with detectable warning surfaces. The proposed project does not include the addition of any physical infrastructure that would increase automobile capacity on the existing right‐of‐way. Therefore, the proposed project meets this criterion.
Criterion (5): Demolition of Affordable Housing Units
e. The construction of the project shall not require the demolition of affordable housing units.
The proposed trail corridor would be constructed within public right‐of‐way and within access easements on other public lands. No affordable housing is located within the trail corridor; therefore, the proposed project would not require the demolition of affordable housing units.
Therefore, the proposed project meets this criterion.
Criterion (6): Projects Exceeding $100,000,000
f. For projects exceeding $100,000,000 in 2020 United States dollars, a project shall also meet all of the following:
1) The project is incorporated in a regional transportation plan, sustainable communities strategy, general plan or other plan that has undergone a programmatic‐level environmental review in the last 10 years.
2) The project’s construction impacts are fully mitigated consistent with applicable law.
11/1/21 (P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Exemption Memorandum\DumbartonTrail_Exemption Memo_rev110121.docx) 5 3) The lead agency shall complete and consider the results of a project business case and racial equity analysis.
4) The lead agency shall hold noticed public meetings.
The proposed project would not exceed $100,000,000 in 2020 United States dollars; therefore, the additional criteria identified under this criterion do not apply to the proposed project.
Further, the proposed project has been designed to minimize environmental impacts and fully mitigate construction impacts. As described in Attachment A, Project Description, the proposed project would include standard measures to further reduce the potential for impacts to environmental resources. With the implementation of identified project features, there would be no significant environmental impacts under CEQA.
Criterion (7): Skilled and Trained Workforce
g. The lead agency shall certify that the project will be completed by a skilled and trained workforce.
The proposed project would be constructed by a skilled and trained workforce consistent with the City of Fremont standard contract terms, which require the contractor to “provide sufficient and competent administration, staff, and skilled workforce necessary to perform and timely complete the Work in accordance with the Contract Documents.” The City’s standard contract language also requires all work to be performed in an efficient skillful manner following best practices and in compliance with contract documents and applicable laws, regulations, codes, standards and permits. Therefore, the proposed project meets this criterion.
SUMMARY
On the basis of the evidence provided above, the project is eligible for a Statutory Exemption in accordance with Public Resources Code Section 21080.25. Because the proposed project meets the criteria for the Statutory Exemption identified in Public Resources Code Section 21080.25, it would not have a significant effect on the environment. Therefore, this analysis finds that a Notice of Exemption may be prepared for the project.
Attachments
A. Project Description
B. Figures
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11/1/21 (P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Exemption Memorandum\DumbartonTrail_Exemption Memo_rev110121.docx) ATTACHMENT A
PROJECT DESCRIPTION
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ATTACHMENT A ‐ PROJECT DESCRIPTION
SEPTEMBER 2021
DUMBARTON BRIDGE TO QUARRY LAKES TRAIL PROJECT FREMONT, CA
P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Project Description\FremontTrail_PD_092421.docx (09/24/21) 1
ATTACHMENT A
PROJECT DESCRIPTION
The following describes the Dumbarton Bridge to Quarry Lakes Trail Project (proposed project) that is the subject of this Statutory Exemption (Exemption) prepared pursuant to the California Environmental Quality Act (CEQA). This chapter includes a description of the project site location, the existing site conditions, the project background, the proposed improvements, and required approvals and permits.
1.1 PROJECT SITE
The following section describes the project location, existing conditions, surrounding land uses, and the regulatory setting.
1.1.1 Project Location
The project site consists of a proposed trail alignment (project area) that extends a total of approximately 8 miles from the eastern end of the Dumbarton Bridge to the Paseo Padre Parkway/Isherwood Way intersection near the Quarry Lakes Regional Recreation Area in the City of Fremont, Alameda County. Figures 1 and 2 show the regional location and proposed alignment of the trail, respectively.
1.1.2 Existing Conditions
The proposed trail corridor would be constructed along existing public roadways, along the boundary of an existing regional open space, and through existing publicly‐owned linear rights‐of‐ way (a flood control channel and a linear right‐of‐way (ROW) formerly intended for a state highway realignment). A variety of land uses, including industrial, residential, roadways, public facilities, parks, and open space, as well as developed and undeveloped land are located along the proposed trail alignment.
1.2 PROJECT BACKGROUND
The Dumbarton Bridge to Quarry Lakes Trail project would run via the Dumbarton/State Route 84/Decoto corridor providing a regional trail connection for transportation and recreation. The project is a priority corridor in the City of Fremont Bicycle Master Plan and would provide an east‐ west trail link between Alameda County and San Mateo/Santa Clara Counties.
In 2018, a Scoping Study for the Dumbarton to Quarry Lakes Trail Project was prepared for the City of Fremont to identify a preferred alignment, conceptual design, and planning‐level cost estimate.
The Scoping Study described the need for the proposed trail, identified proposed segmentation, described relevant issues, and included a proposed alignment and cost estimate for each trail segment.
DUMBARTON BRIDGE TO QUARRY LAKES TRAIL PROJECT FREMONT, CA
ATTACHMENT A ‐ PROJECT DESCRIPTION
SEPTEMBER 2021
P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Project Description\FremontTrail_PD_092421.docx (09/24/21) 2
1.3 PROPOSED PROJECT
The City of Fremont (City) proposes to construct approximately 6 miles of new trail connecting the Dumbarton Bridge to the Quarry Lakes Recreation Area. An additional 2 miles of trail would be constructed by others, resulting in a total 8‐mile trail connection. The proposed trail would facilitate an east‐west regional walking and biking connection between San Mateo/Santa Clara counties and Alameda County, as well as provide trail connections to priority development areas, transit centers, regional open space areas, and residential neighborhoods. The proposed trail would generally consist of paved Class I multi‐use pathways, Class IV separated bikeways, protected intersections, and wide sidewalks that conform to the access requirements of the Americans with Disabilities Act (ADA). The project scope also includes trail lighting and crossing improvements.
1.3.1 Proposed Trail Alignment
As described above, the proposed trail alignment would start at the Dumbarton Bridge and extend eastward to the Quarry Lakes Regional Recreation Area. As shown in the Preliminary Plan Set, dated March 4, 2021, the trail project has been divided into eight segments. The project would likely be implemented on a segment‐by‐segment basis, with Segment 5 being designed and constructed as a separate project under CEQA and portions of Segment 3 being implemented as private development conditions of approval. The proposed trail segments are described further below.
Segment 1 – Marshlands Road/USFWS Access Road
Marshlands Road connects the Shoreline Trail, Dumbarton Bridge Path, and the Quarry Trail through the Don Edwards San Francisco Bay Federal Wildlife Refuge. Marshlands Road is a two‐lane roadway that is typically 35 feet in width. No sidewalks or dedicated bicycle facilities currently exist.
The proposed trail would connect to an existing Class I bike path on the south side of the Dumbarton Bridge, cross Marshlands Road via a new crosswalk, and extend eastward along Marshlands Road within the California Department of Transportation (Caltrans) ROW to the United States Fish and Wildlife Service (USFWS) access road. In some locations, travel lanes along Marshland Road would be narrowed to accommodate the proposed Class I trail, which would be constructed on the south edge of Marshlands Road, adjacent to San Francisco Bay. In some locations along this segment, the trail width would either be narrowed or the roadway widened in order to accommodate the proposed trail within existing ROW constraints. In some locations, the roadway cross section would be widened towards the south into the existing salt pond and adjacent to the Newark Slough to accommodate the proposed trail alignment. In addition, stormwater treatment features would be installed on the north side of the travel lanes to capture and treat the additional stormwater generated by the roadway and trail. Erosion and sediment control best management practices (BMPs) would be implemented to prevent water quality impacts during project construction and operation, in compliance with State and federal regulations. Roadway widening would require fill of a portion of the adjacent salt pond, potentially requiring permits from the regulatory agencies (e.g, Regional Water Quality Control Board, U. S. Army Corps of Engineers and the San Francisco Bay Conservation and Development Commission). This segment would include pathway lighting, which would be mounted on bollards (3‐4 feet in height) and focused on the pathway.
ATTACHMENT A ‐ PROJECT DESCRIPTION
SEPTEMBER 2021
DUMBARTON BRIDGE TO QUARRY LAKES TRAIL PROJECT FREMONT, CA
P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Project Description\FremontTrail_PD_092421.docx (09/24/21) 3 At the USFWS access road, the trail would extend north across Marshlands Road via a new crosswalk, continue north along the west side of the access road and connect to the existing Quarry Trail. It would then follow the Quarry Trail across SR‐84 via an existing pedestrian bridge. Path lighting may be installed at some locations along this segment.
ROW ownership along Marshlands Road where the trail would be constructed is typically USFWS fee title with Caltrans holding an easement, except for a small portion in which Cargill has the fee title with Caltrans holding an easement. The USFWS access road ROW is owned by USFWS. All of the ROW along Segment 1 is accessible to the public and thus constitutes public ROW.
Segment 2 – Quarry Park/Quarry Road
Segment 2 would include installation of a Class I path, extending north from the existing pedestrian overcrossing of SR 84 at the bridge toll plaza, and then traveling east‐southeast the path would connect to the Dumbarton Quarry Regional Park access driveway.
The proposed trail would then cross the driveway via a new crosswalk and extend east along the north side of Quarry Road to the intersection with Paseo Padre Parkway where it would connect to a proposed Class I facility along the west side of Paseo Padre Parkway (to be installed by others). New street lighting would be installed along this segment of the proposed trail for safety on the adjacent roadway and to provide security and safety for trail users.
The ROW between the Dumbarton Quarry Park access driveway and the toll plaza is currently owned by Caltrans and Dumbarton Quarry Associates, but is planned for eventual ownership by the East Bay Regional Park District as part of the Dumbarton Quarry Regional Park project. To the east of the Dumbarton Quarry Regional Park driveway, the project runs along Quarry Road and is fully within Caltrans ROW. All of the ROW along Segment 2 is publicly owned and accessible to the public and thus constitutes public ROW.
Segment 3 – Ardenwood Business Park
The trail connection between Paseo Padre Parkway and Ardenwood Boulevard would extend through the Ardenwood Business Park. The trail would travel north along Paseo Padre Parkway to approximately 3880 feet north of the intersection of Paseo Padre Parkway/Dumbarton Circle via a 10‐foot wide multi‐use sidewalk along the west side of Paseo Padre Parkway that is to be constructed by a private developer as condition of approval. The trail would then continue via an existing 10‐foot wide multi‐use sidewalk along the west side of Paseo Padre Parkway to the intersection of Paseo Padre Parkway/Kaiser Drive, before crossing over Paseo Padre Parkway via a new traffic signal and protected intersection being constructed by a private developer. The trail would continue along Kaiser Drive from Paseo Padre Parkway to Ardenwood Boulevard via existing separated bike lanes along Kaiser Drive (two‐way separated bike lanes along both the northern and southern side of the roadway, separated from traffic by flexible bollards). Pedestrian access along Kaiser Drive is provided via an existing sidewalk along the north side of the street. Although these trail projects would provide a key trail connection for the proposed project, they would be designed and implemented independently of the proposed project and would undergo separate
DUMBARTON BRIDGE TO QUARRY LAKES TRAIL PROJECT FREMONT, CA
ATTACHMENT A ‐ PROJECT DESCRIPTION
SEPTEMBER 2021
P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Project Description\FremontTrail_PD_092421.docx (09/24/21) 4 environmental review. Implementation of these projects is not required for implementation of the proposed project.1, 2
At the intersection of Kaiser Drive/Ardenwood Boulevard, the trail alignment would continue to the southeast via Ardenwood Boulevard until the intersection with Ardenwood Terrace/Ardenwood Historic Farm. This portion of Segment 3 would be implemented by the City and would consist of a side path along the south/west side of Ardenwood Boulevard that is raised to sidewalk level and designated for shared bicycle/pedestrian use. Intersection improvements proposed at both the Kaiser Drive/Ardenwood Boulevard and Ardenwood Boulevard/Ardenwood Terrace intersections would include new curb extensions, combined pedestrian/bike curb ramps, green dashed with white ends (4‐foot dashes with 8‐foot gaps) bikeway crossing markings, and high visibility continental crosswalks with detectable warning surfaces to facilitate safe crossing for bicyclists and pedestrians using the proposed trail.
All of Segment 3 is located within existing City of Fremont ROW.
Segment 4 – Ardenwood Historic Farm
Ardenwood Historic Farm is a working facility managed by the East Bay Regional Park District.
Segment 4 would consist of a Class I path running along the southern boundary of the Ardenwood Historic Farm from the Ardenwood Boulevard/Ardenwood Terrace intersection to Interstate 880 (I‐ 880). The western portion of this trail segment would extend east along the north side of Ardenwood Boulevard, enter the Ardenwood Historic Farm property and then continue east along the southern boundary of the Ardenwood Historic Farm, adjacent to SR 84 to Lake Boulevard.
Existing fencing along SR 84 would remain along the south side of the proposed trail. New boundary fencing would also be installed along the north side of the proposed trail to prevent trail users from accessing the farm after hours. Removal of mature eucalyptus trees may be required within this segment of the proposed trail. Bollard‐mounted (3‐4 feet in height) pathway lighting focused on the trail would be installed along this segment.
The proposed trail would then curve north along Lake Boulevard, crossing Lake Boulevard via a new crosswalk. The eastern portion of the segment would follow an existing Class I facility to connect Lake Boulevard with the I‐880 southbound (SB)/Decoto Road interchange. Improvements to the existing Class I facility would include adding shoulders, surface improvements, and lighting.
The portion of Segment 4 that traverses the existing Ardenwood Historic Farm is owned in fee by the City of Fremont. East Bay Regional Park District has an agreement with the City to operate the
1 Banning Ranch Conservancy v. City of Newport Beach (Dec. 12, 2012) (211 Cal. App. 4th 1209). Website:
ceqaportal.org/summaries/1223/Banning%20Ranch%20Conservancy%20v.%20City%20of%20Newport%2 0Beach%20(Dec.%2012,%202012)%20211%20Cal.App.4th%201209.pdf (accessed May 10, 2021). 2 Consistent with the findings in Banning Ranch Conservancy v. City of Newport Beach (Dec. 12, 2012) 211 Cal. App.4th 1209 Banning Ranch, no piecemealing occurs when projects have “different proponents, serve different purposes, or can be implemented independently,” therefore, it is entirely appropriate that these portions of Segment 3 are not considered as part of the environmental review for the proposed project.
ATTACHMENT A ‐ PROJECT DESCRIPTION
SEPTEMBER 2021
DUMBARTON BRIDGE TO QUARRY LAKES TRAIL PROJECT FREMONT, CA
P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Project Description\FremontTrail_PD_092421.docx (09/24/21) 5 regional park on the City land. The portion of Segment 4 along the existing Class I pathway to the east of Lake Boulevard is in Caltrans right‐of‐way. As such, Segment 4 constitutes public ROW.
Segment 5 – Decoto Road
Two separate projects, which are each being cleared as separate projects under CEQA, would comprise Segment 5. The I‐880/Decoto Road Interchange Modernization project would modify this freeway interchange and provide a fully separated bike path between the existing bike path at the SB off‐ramp and the Cabrillo Road intersection just east of the interchange. This project is currently in the scoping phase with several alternatives being studied.3 The Decoto Road Complete Streets Project would improve Decoto Road from just east of I‐880 to Paseo Padre Parkway. The project would implement transit priority treatments, as well as complete street upgrades to improve safety and access for bicyclists and pedestrians. The Decoto Road Complete Streets Project is environmentally cleared and is currently in the final design. The final design is funded by a grant from Alameda County Transportation Commission and is scheduled to be completed in Fall 2021.4
Although this segment provides a key trail connection for the Dumbarton Bridge to Quarry Lakes Trail Project, it is being designed and implemented independently of the proposed project.
Furthermore, the Decoto Road Complete Streets Project has already been subject to review under CEQA;5 therefore, it is not considered as part of the environmental review for the proposed project.6 Segment 6 – Alameda County Flood Control Channel
Segment 6 would follow an existing flood control channel between Decoto Road and Fremont Boulevard. The proposed Class I path would be installed on the north side of the Alameda County Flood Control (ACFC) engineered flood control channel along an existing unpaved maintenance roadway. Bollard‐mounted pathway lighting would be installed along this segment to enhance safety and security for trail users.
This segment is predominantly located within ROW that is owned by a public entity (ACFC) and would be made accessible to the public for transportation purposes via an easement or other ROW agreement granted to the City. As such, Segment 6 constitutes public ROW.
3 Fremont, City of. I‐880/Decoto Road Interchange Modernization Project website:
www.fremont.gov/3761/I‐880Decoto‐Road‐Interchange‐Modernizati (accessed September 2021). 4 Fremont, City of. Decoto Road Complete Streets Project website: www.fremont.gov/3760/52185/Decoto‐ Road‐Complete‐Streets‐Project (accessed May 12, 2021).
5 Ibid.
6 As described above for Segment 3, piecemealing does not occur when projects have “different proponents, sever different purposes, or can be implemented independently,” therefore, it is entirely appropriate that Segment 5 is not considered as part of the environmental review for the proposed project.
DUMBARTON BRIDGE TO QUARRY LAKES TRAIL PROJECT FREMONT, CA
ATTACHMENT A ‐ PROJECT DESCRIPTION
SEPTEMBER 2021
P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Project Description\FremontTrail_PD_092421.docx (09/24/21) 6 Segment 7 – Fremont Unified School District Property
The proposed trail would cross Fremont Boulevard via a new crosswalk, which would include new splitter island style curb ramps/landing areas, HAWK beacons, custom bicycle/pedestrian markings (white triple‐four with centered bike symbol in each direction), and a pedestrian refuge island. It would then extend southeast along the north side of Fremont Boulevard and enter a currently undeveloped property owned by the Fremont Unified School District (FUSD). Pathway lighting would be installed along this segment to enhance safety and security for trail users.
This segment is located within ROW that is undeveloped property owned by a public entity (Fremont Unified School District) and was once intended as a realigned route for State Highway 84. The ROW would be made accessible for transportation purpose via an easement or other ROW agreement granted to the City. As such, Segment 7 constitutes public ROW.
Segment 8 – Paseo Padre Parkway
From Paseo Padre Parkway, the trail would continue southeast along the southern side of Paseo Padre Parkway to the intersection of Isherwood Way. The trail would consist of a side path that is raised to sidewalk level and designated for shared bicycle/pedestrian use.
Segment 8 is fully within City of Fremont ROW and an existing public roadway.
1.3.2 Implementation
The proposed trail would be constructed within City right‐of‐way, including right‐of‐way along public roadways and within easements or other property agreements from public landowners granted to the City for the purpose of public access. As described above, the project would likely be implemented on a segment‐by‐segment basis, with Segment 5 being designed and constructed as separate projects under CEQA and much of Segment 3 being implemented by private development.
Segments 1 and 2 are being led through the Project Approval and Environmental Document (PA&ED) phase by the City of Fremont but may be designed and constructed by Caltrans.
1.3.3 Standard Conditions
The proposed project would comply with all existing federal, State, and local regulations, including regulations that protect the environment.
City of Fremont Standard Development Requirements to Address Resource Protection The proposed project would be constructed in compliance with the City’s Standard Development Requirements to Address Resource Protection, as identified in Section 18.218.050 of the City of Fremont Municipal Code. Section 18.218.050 establishes development standards consistent with legislative requirements and resource agency protocol to ensure protection of limited or endangered resources, in particular when a proposed project is not subject to or may be exempt from CEQA. These Standard Development Requirements are listed below.
ATTACHMENT A ‐ PROJECT DESCRIPTION
SEPTEMBER 2021
DUMBARTON BRIDGE TO QUARRY LAKES TRAIL PROJECT FREMONT, CA
P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Project Description\FremontTrail_PD_092421.docx (09/24/21) 7 Air Quality
Construction Related Emissions. The following construction measures, as periodically amended by BAAQMD, are required for all proposed development projects to reduce construction‐related fugitive dust and exhaust emissions:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times daily.
b. All haul trucks transporting soil, sand, or other loose material off site shall be covered. c. All visible mud or dirt track‐out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations (CCR)). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. A publicly visible sign shall be posted with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 48 hours.
BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.
Construction Related Emissions – Supplemental Measures. The following supplemental construction measures, as periodically amended by BAAQMD, are required for all proposed development projects that would exceed the Thresholds of Significance for Construction Criteria Air Pollutant and Precursors provided in the most recent BAAQMD CEQA Guidelines:
a. All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or moisture probe. b. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 miles per hour.
c. Wind breaks (e.g., trees, fences) shall be installed on the windward side(s) of actively disturbed area of construction. Wind breaks should have at maximum 50 percent air porosity.
DUMBARTON BRIDGE TO QUARRY LAKES TRAIL PROJECT FREMONT, CA
ATTACHMENT A ‐ PROJECT DESCRIPTION
SEPTEMBER 2021
P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Project Description\FremontTrail_PD_092421.docx (09/24/21) 8 d. Vegetative ground cover (e.g., fast‐germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established. e. The simultaneous occurrence of excavation, grading, and ground‐disturbing construction activities on the same area at any one time shall be limited. Activities shall be phased to reduce the total area of surfaces disturbed at any one time.
f. All trucks and equipment, including their tires, shall be washed off prior to leaving the site. g. Site accesses to a distance of 100 feet from the paved road shall be treated with a 6 to 12‐inch compacted layer of wood chips, mulch, or gravel.
h. Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways from sites with a slope greater than one percent. i. Idling time of diesel‐powered construction equipment shall be limited to two minutes. j. The project shall develop a plan demonstrating that the off‐road equipment (more than 50 horsepower) to be used in the construction project (i.e., owned, leased, and subcontractor vehicles) would achieve a project wide fleet‐average 20 percent nitrogen oxide (NOx) reduction and 45 percent particulate matter (PM) reduction compared to the most recent Air Resources Board fleet average. Acceptable options for reducing emissions include the use of late model engines, low‐emission diesel products, alternative fuels, engine retrofit technology, after‐ treatment products, add‐on devices, such as particulate filters, and/or other options as such become available.
k. Low volatile organic compound (i.e. reactive organic gas) coatings beyond the local requirements (i.e., BAAQMD Regulation 8, Rile 3: Architectural Coatings) shall be used. l. All construction equipment, diesel trucks, and generators shall be equipped with Best Available Control Technology for emission reductions of NOx and PM. m. All contractors shall use equipment that meets the Air Resources Board’s most recent certification standard for off‐road heavy‐duty diesel engines.
Biology, Special‐Status Species.
1. Burrowing Owl. New development projects with the potential to impact burrowing owl habitat through grading, demolition, and/or new construction shall implement the following measures prior
to grading or ground disturbing activities:
a. Preconstruction Surveys. Preconstruction surveys for burrowing owls shall be conducted prior to the initiation of all project activities within potential burrowing ATTACHMENT A ‐ PROJECT DESCRIPTION
SEPTEMBER 2021
DUMBARTON BRIDGE TO QUARRY LAKES TRAIL PROJECT FREMONT, CA
P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Project Description\FremontTrail_PD_092421.docx (09/24/21) 9 owl nesting and roosting habitat (i.e., agricultural habitat with burrows of California ground squirrels) to determine if suitable burrowing owl habitat is present. Surveys shall be conducted by a qualified biologist in conformance with the most recent requirements and guidelines of the California Department of Fish and Wildlife (CDFW). The biologist shall determine the number and time frame (prior to construction) of surveys to be conducted.
b. Implement Buffer Zones. Areas currently occupied by burrowing owls shall be avoided for the duration of residing on site and/or the nesting period (February 1st through August 31st). The biologist will recommend a suitable buffer zone distance for avoidance of nesting or roosting habitat.
c. Passive Relocation. If burrowing owls cannot be avoided by the proposed project, then additional measures, such as passive relocation during the nonbreeding season, may be utilized to reduce any potential impacts. Measures for successful relocation shall be recommended by a qualified biologist in conformance with CDFW requirements and guidelines.
d. Initiation of Construction Activities. When a qualified biologist is able to determine that burrowing owls are no longer occupying the site and passive relocation is deemed successful, construction activities may continue. The applicant shall submit the determination of the biologist to the planning manager for authorization to continue.
2. Nesting Birds. New development 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:
a. Avoidance. Proposed projects shall avoid construction activities during the bird nesting season (February 1st through August 31st).
b. 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.
c. 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. d. 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.
DUMBARTON BRIDGE TO QUARRY LAKES TRAIL PROJECT FREMONT, CA
ATTACHMENT A ‐ PROJECT DESCRIPTION
SEPTEMBER 2021
P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Project Description\FremontTrail_PD_092421.docx (09/24/21) 10
3. Roosting Bats. New development with potential to impact special‐status or roosting bat species through demolition of existing structures or removal of trees on site shall conduct the following measures prior to demolition:
a. 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. b. 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. c. 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.
4. California Tiger Salamander. New development 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:
a. Exclusion fencing shall be installed around the perimeter of the two fields to deter tiger salamanders from accessing the fields. The fencing should be regularly maintained especially during the rainy season when salamanders could traverse onto the fields.
b. A qualified biologist shall conduct pre‐construction 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. c. A qualified biologist shall monitor initial grubbing and grading activities to ensure no California tiger salamanders are present.
Construction Management Plan.
1. Prior to issuance of the first construction‐related permit for a new development project, the project applicant and his/her general contractor shall submit a Construction Management Plan
(CMP) for review and approval by the Planning and Building Divisions and other relevant City departments, such as the Fire Department and the Public Works Department, as directed. The CMP shall contain measures to minimize potential construction impacts including measures to comply with all construction‐related Conditions of Approval (and mitigation measures if ATTACHMENT A ‐ PROJECT DESCRIPTION
SEPTEMBER 2021
DUMBARTON BRIDGE TO QUARRY LAKES TRAIL PROJECT FREMONT, CA
P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Project Description\FremontTrail_PD_092421.docx (09/24/21) 11 applicable)such as dust control, construction emissions, hazardous materials, construction days/hours, construction traffic control, waste reduction and recycling, erosion and sedimentation control, stormwater pollution prevention, noise control, complaint management, and cultural and tribal cultural resource management, as applicable. The CMP shall provide project‐specific information including descriptive procedures, approval documentation, and drawings (such as site logistics plan, fire complaint management plan, construction worker parking plan, and litter/debris clean‐up plan) that specify how potential construction impacts will be minimized and how each construction‐related requirement will be satisfied throughout construction of the project.
Cultural and Tribal Cultural Resources.
1. Notification, Affiliated California Native American Tribes. Within 14 days of determining that an application for a project is complete or a decision by the City is made to undertake a project, the city shall provide formal notification to the designated contact or a tribal representative of traditionally and culturally affiliated California Native American tribes that have requested to receive such notice from the city. The written notification shall include a brief description of the proposed project and its location, project contact information, and a notification that the California Native American tribe has 30 days to request consultation pursuant to California Public Resources Code §64352.4.
2. 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 project proponent shall include a note on any plans that require ground disturbing excavation that there is a potential for exposing buried cultural resources.
b. The project proponent 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 project proponent 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, requiring 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 planning manager shall be notified. The
DUMBARTON BRIDGE TO QUARRY LAKES TRAIL PROJECT FREMONT, CA
ATTACHMENT A ‐ PROJECT DESCRIPTION
SEPTEMBER 2021
P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Project Description\FremontTrail_PD_092421.docx (09/24/21) 12 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 planning manager.
e. As used herein, “historical resource” means a historical resource as defined by CEQA Guidelines Section 15064.5(a); “unique archaeological resource” means unique archaeological resource as defined by Cal. Pub. Res. Code § 21083.2(g); and “tribal cultural resource” means tribal cultural resource as defined by Cal. Pub. Res. Code § 21074. Collectively, these terms describe “significant cultural materials.”
3. 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 that 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 determined 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.
4. Tribal Cultural Monitoring and Training. Should the city receive a formal written request by the designated contact or a tribal representative of a traditionally and culturally affiliated California Native American tribe pursuant to California Public Resources Code §64352.4 to have a tribal cultural representative present at the project site before or during construction activities to identify or monitor sites or objects of significance to Native Americans or to provide construction worker tribal cultural resources awareness training including applicable regulations and protocols for avoidance, confidentiality, and culturally‐appropriate treatment, the project proponent shall honor that request and include tribal cultural monitoring or training as a component of their project. The tribal cultural representative shall have the ability to request that work be stopped, diverted, or slowed if sites or objects of significance to Native Americans are encountered within the direct impact area and shall be consulted for recommendations regarding the appropriate treatment of such sites or objects. Any compensation for time and expenses related to this activity shall be borne by the project proponent.
ATTACHMENT A ‐ PROJECT DESCRIPTION
SEPTEMBER 2021
DUMBARTON BRIDGE TO QUARRY LAKES TRAIL PROJECT FREMONT, CA
P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Project Description\FremontTrail_PD_092421.docx (09/24/21) 13 Geology and Soils.
1. New development projects with the potential to expose people or structures to substantial adverse effects, including the risk of loss, injury, or death due to seismic activity and potential seismic‐related ground shaking including liquefaction, if so determined by a site‐specific geotechnical study prepared to the satisfaction of the City Engineer or his/her designee, shall implement the following measures prior to or during project construction, as applicable. a. The project geotechnical consultant shall review all geotechnical aspects of the project building and grading plans (i.e., site preparation and grading, site drainage improvements, and design parameters for foundations, and retaining walls). The consultant shall verify that their recommendations, including those regarding the need for further evaluation for potential liquefaction and the presence and lateral extent of any undocumented fill as well as laboratory testing for corrosive soil, have been properly conducted and any necessary design measures are incorporated into the construction plans. The results of the plan review shall be summarized by the geotechnical consultant in a letter and submitted to the City Engineer prior to issuance of building permits for the project.
b. The project geotechnical consultant shall inspect, test (as needed), and approve all geotechnical aspects of project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls prior to the placement of steel and concrete. The results of these inspections and the as‐ built conditions of the project shall be summarized by the project geotechnical consultant in a letter and submitted to the City Building Official/City Engineer for review prior to final (as‐built) project approval.
To further address and reduce impacts related to potential seismic activity and liquefaction, all grading, foundations, and structures for the proposed project would be required to be engineered and designed in conformance with applicable geotechnical and soil stability standards as required by the California Building Code (CBC), as adopted by the City.
Hazardous Materials.
1. New development projects with the potential to 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, if so determined by a site‐specific Environmental Site Assessment prepared to the satisfaction of the Fire Marshal or Planning Manager, shall implement the following measures prior to or during project construction, as applicable
DUMBARTON BRIDGE TO QUARRY LAKES TRAIL PROJECT FREMONT, CA
ATTACHMENT A ‐ PROJECT DESCRIPTION
SEPTEMBER 2021
P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Project Description\FremontTrail_PD_092421.docx (09/24/21) 14 a. A Soil Management Plan (SMP) shall be developed to provide guidelines for the appropriate handling and management of soil with known contaminants or Recognized Environmental Condition (REC) concentrations above the applicable screening levels recommended in the California Department of Toxic Substances Control (DTSC) Office of Human and Ecological Risk (HERO) guidance document Human Health Risk Assessment or similar document provided by DTSC.
Prior to issuance of building and/or grading permits for site development, remediation work to remove known contaminants or RECs at the subject property shall be implemented to the satisfaction of the Alameda County Water District (ACWD), City of Fremont Fire Department, California Department of Toxic Substance Control (DTSC), or other appropriate agency having jurisdiction, depending on the location (e.g., depth) and the type of REC found and the jurisdictional purview of the agencies. Completion of the remediation work and procurement of an appropriate closure document or written statement that the remediation work has been satisfactorily completed and without further conditions or obligations shall be submitted to the satisfaction of the City of Fremont Community Development Department. Compliance with this mitigation may require the applicant or their agent to complete a Preliminary Endangerment Report, Voluntary Cleanup Agreement or other documentation as determined by the appropriate agency and receive concurrence that the site’s RECs have been resolved.
Noise.
1. Construction Noise. To reduce the potential for noise impacts during construction, the following requirements shall be implemented:
a. Construction equipment shall be well‐maintained and used judiciously to be as quiet as practical.
b. Construction, excavating, grading, and filling activities (including the loading and unloading of materials, truck movements, and warming of equipment motors) shall be limited as provided in Section 18.160.010.
c. All internal combustion engine‐driven equipment shall be equipped with mufflers, which are in good condition and appropriate for the equipment. d. The contractor shall utilize “quiet” models of air compressors and other stationary noise sources where technology exists.
e. Loading, staging areas, stationary noise generating equipment, etc., shall be located as far as feasible from sensitive receptors.
f. The contractor shall comply with Air Resource Board idling prohibitions of unnecessary idling of internal combustion engines.
ATTACHMENT A ‐ PROJECT DESCRIPTION
SEPTEMBER 2021
DUMBARTON BRIDGE TO QUARRY LAKES TRAIL PROJECT FREMONT, CA
P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Project Description\FremontTrail_PD_092421.docx (09/24/21) 15 g. Signs shall be posted at the construction site that include permitted construction days and hours, a day and evening contact number for the job site, and a contact number for the project sponsor in the event of noise complaints. The applicant shall designate an on‐site complaint and enforcement manager to track and respond to noise complaints. (Ord. 27‐2016 § 37, 12‐6‐16; Ord. 23‐2018 § 41, 10‐2‐18.) h. Temporary noise barriers, such as solid plywood fences, shall be installed around construction sites adjacent to operational businesses, residences, or noise‐sensitive land uses, unless an existing wall or other barrier provides equivalent noise attenuation.
Other Standard Conditions
Erosion and sediment control best management practices (BMPs) would be implemented during project construction in compliance with State and local regulations. Typical sediment and erosion BMPs include protecting storm drain inlets, establishing and maintaining construction exits and perimeter controls to avoid tracking sediment off‐site onto adjacent roadways, and installation of fiber roll barriers or other erosion control measures to prevent silt runoff at public roadways.
A cultural resources study7 and hazardous materials corridor study8 were prepared to inform the project design. In addition to the City’s Standard Development Requirements, the proposed project would incorporate the following protection measures as part of the project to avoid impacts related to special‐status species and wetlands, historical resources, and hazardous materials. These measures would be incorporated into all construction contracts. In sensitive areas (e.g., in proximity to the Bay), ground disturbance associated with the proposed trail would be primarily confined to the roadway right‐of‐way; however, as described above for Segment 1, in some locations the roadway may need to be widened into the adjacent salt pond in order to accommodate the proposed trail alignment. This area could support salt marsh habitat and several special‐status species including Congdon’s tar plant, western snowy plover, California Ridgway’s rail, black rail, Alameda song sparrow, salt‐marsh harvest mouse, and protected nesting birds. If needed, the City would obtain appropriate permits from the U.S.
Army Corps of Engineers, Regional Water Quality Control Board, California Department of Fish and Wildlife, United States Department of Fish and Wildlife, and the San Francisco Bay Conservation and Development Commission prior to commencement of project construction.
The City would be required to implement all measures in compliance with the permit conditions.
In addition to the City’s Standard Development Requirements related to nesting birds, the City would also implement the following general conservation measures to avoid impacts to special‐ status species during project construction.
General Conservation Measures. The following measures shall be implemented prior to and during demolition activities:
7 LSA Associates, Inc. 2021. Cultural Resources Study, Dumbarton Bridge to Quarry Lakes Trail Project, Fremont, Alameda County, California. May.
8 GHD, 2021. Fremont Dumbarton Trail Project ‐ Hazardous Materials Corridor Study. April 12.
DUMBARTON BRIDGE TO QUARRY LAKES TRAIL PROJECT FREMONT, CA
ATTACHMENT A ‐ PROJECT DESCRIPTION
SEPTEMBER 2021
P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Project Description\FremontTrail_PD_092421.docx (09/24/21) 16 1) A worker awareness program shall be presented to all construction personnel before they start work on the project. The program shall summarize relevant laws and regulations that protect biological resources, discuss sensitive habitats and listed species with the potential to occur in the work zone, explain the role and authority of the biological monitors, and review applicable avoidance measures to protect listed species and habitats. 2) Prior to any construction activities on site, a review of all required permits and notifications shall be performed to ensure requirements for environmental compliance are fully understood, specific limits of activities and work are defined and understood, and all environmental clearances and access, encroachment agreements, and permissions have been obtained from the appropriate agencies and parties. 3) The number of access routes, size of staging areas, and total area of the activity shall be limited to the minimum necessary to achieve the project goal. 4) Preconstruction surveys for special‐status plant and wildlife species that are known or have a high potential to occur in the project area shall be conducted prior to construction by USFWS –approved biologist.
5) Prior to construction activities, environmentally sensitive areas shall be flagged or fenced in order to clearly delineate the extent of the construction. Project limits shall be established and defined with physical markers to define access routes and maintenance areas to the minimum area necessary to complete the project; this includes locating access routes and maintenance areas outside of any drainages or creeks.
6) To reduce potential impacts from infestation by non‐native spartina (Spartina alterniflora), pepperweed (Lepidium latifolium), and other invasive, non‐native plant species, all equipment (including personal gear) shall be inspected and cleaned of soil, seeds, and plant material prior to arriving on site to prevent introduction of undesirable plant species.
Equipment and personal gear shall be subject to inspection. 7) All work shall occur during normal daylight working hours. 8) All foods and food‐related trash items shall be enclosed in sealed trash containers and removed from the site at the end of each workday.
9) No pets shall be allowed on the project site.
10) All equipment shall be maintained such that there will be no leaks of machine fluids such as gasoline, diesel, or oils.
11) Equipment left on the project site overnight shall be placed over plastic mats in order to prevent fluid leakage into soils.
12) Hazardous materials such as fuels and oils shall be stored in sealable containers in a designated location that is at least 200 feet from any aquatic habitat.
ATTACHMENT A ‐ PROJECT DESCRIPTION
SEPTEMBER 2021
DUMBARTON BRIDGE TO QUARRY LAKES TRAIL PROJECT FREMONT, CA
P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Project Description\FremontTrail_PD_092421.docx (09/24/21) 17 13) Oil and other hazmat spill contingency plans shall be implemented. 14) All equipment and personnel should stay within designated project site areas to avoid disturbing sensitive species.
15) To prevent entrapment of animals, all excavations, steep‐walled holes, or trenches more than 6 inches deep shall be secured against animal entry at the close of each day.
Methods that can be employed include: covering holes with plywood or similar materials, providing escape ramps, or surrounding the excavation, hole, or trench with filter fabric fencing to exclude wildlife.
Based on the findings of the Cultural Study prepared for the proposed project, two cultural resources overlap portions of the Project Site: the Leslie Salt Company Plant and the Ardenwood Historic Farm. However, the proposed project would not require removal of any structures and is not anticipated to impact known historic resources along the project alignment. Although the proposed trail would be constructed along the southern boundary of the Ardenwood Farm property and would require removal of a small sliver of the existing farmland, it would not substantially alter the farm to a point where it could no longer convey its historical significance overall. The City’s Standard Development Requirements related to the treatment of previously undiscovered resources or human remains would be implemented, if such resources are encountered during project construction.
Based on the findings of the Hazardous Materials Corridor Study prepared for the proposed project, areas of potentially impacted soil and/or groundwater associated with adjacent land uses could occur along the trail alignment, particularly Segments 3 and 4a. These soils may require special handling and disposal during construction or could pose a health exposure risk to construction workers. If impacted soil is at a depth near groundwater or at elevated concentrations, groundwater may be potentially impacted as well. Consistent with the recommendations from the Hazardous Materials Corridor Study, the following measure would be implemented to address potential soil contamination that could be disturbed during construction of Segments 3 and 4a:
Preliminary Site Investigation. Once the areas of ground disturbance (excavation) and/or potential dewatering are confirmed, a Preliminary Site Investigation (PSI) work plan would be prepared. The Preliminary Site Investigation would identify the location and number of borings necessary for pre‐characterization and depth for sample collection. Historic soil boring information (if available) would also be reviewed to further define boring locations and mitigate duplicative borings. If pre‐construction characterization indicates impacts to soil and/or groundwater above published regulatory levels, site workers involved in excavation activities would be Hazardous Waste Operations and Emergency Response (HAZWOPER) trained (Occupational Safety and Health Administration [OSHA] 1910.120). Impacted soil and groundwater encountered would be sampled and characterized for off‐site disposal prior to construction activities. During construction, if buried wood waste or debris should be encountered, it would be separated from soil and characterized for any off‐site disposal.
DUMBARTON BRIDGE TO QUARRY LAKES TRAIL PROJECT FREMONT, CA
ATTACHMENT A ‐ PROJECT DESCRIPTION
SEPTEMBER 2021
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11/1/21 (P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Exemption Memorandum\DumbartonTrail_Exemption Memo_rev110121.docx) ATTACHMENT B
PROJECT FIGURES
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!H^
I:\ALT2002\GIS\Maps\Figure 1_Regional Location.mxd (5/14/2021) FIGURE 1
Dumbarton to Quarry Lakes Trail
Fremont, Alameda County, California
SOURCE: ESRI World Street Maps (02/2020). Regional Location Project Location
Project Site
00 . 51
MILES
LEGEND
Project Site Segments
Segments Designed by Others
Alameda Creek
Alameda Creek
Fremont BlvdFremont Blvd Pase o Padre PkwyNiles RdNiles Rd Alameda Creek TrailAlameda Creek Trail
Thornton A
ve
Thornton Ave
Mowry
Ave
Mowry Ave
Quarry RdQuarry Rd
Dunhill DrDunhill Dr
Paseo Padre Pkwy
Arddeenwood Blvd
Newark BlvdNewark Blvd
Thornton AveThornton Ave
Marshlands Rd
Alameda Creek
Newark
Slough
Pa
Ʃerson Ranch Rd
PaƩerson Ranch Rd
Dum
barton Circle
Lake
Blvd
Lake Blvd
Bay
Trai
l
Bay Trail
Decoto Rd
Isherwood Way
Decoto RdDecoto Rd
Quarry Rd
Dunhill Dr
Decoto Rd
Decoto Rd
Fremont Blvd
Alameda Creek
Alameda Creek
Paseo Padre Pkwy
Ardenwood Blvd
Newark Blvd
Alameda Creek
Pase o Padre Pkwy
Quarry Lakes
Regional RecreaƟon Area
Ardenwood
Historic Farm
Niles Rd
Alameda Creek Trail
Thornton A
ve
Mowry
Ave
Thornton Ave
Marshlands Rd
Newark
Slough
Pa
Ʃerson Ranch Rd
Isherwood Way
Dum
barton Circle
Lake
Blvd
Bay
Trai
l
84 880
880
NEWARKNEWARK
FREMONTFREMONT
FREMONTFREMONT
UNION CITYUNION CITY
HAYWARDHAYWARD
UNION CITYUNION CITY
FREMONT
NEWARK
UNION CITY
HAYWARD
FREMONT
UNION CITY
San Francisco Bay
1a
1b
2a
2b
3 4a
4b
5 6
7 8
MILES
10. 5
1a
1b
2a
2b
3 4a
4b
5 6
7 8
Marshlands Road
USFWS Access Road
Quarry Park
Quarry Road
Dumbarton Circle ACFC Channel
FUSD PropertyArdenwood Farm
Ardenwood Farm Blvd to Lake Blvd
Ardenwood Farm
Lake Blvd to I-880
Decoto Road/I-880
I-880 Interchange and Decoto Rd
Paseo Padre Pkwy
FUSD Property to Isherwood Way
Trail Alignment Segment
Segments Designed
by Others
Alignment IdenƟficaƟon#
SOURCES: Google Earth, 9/26/2020; LSA, 2021
P:\ALT2002 Dumbarton to Quarry Lakes Trail\PRODUCTS\Graphics\Figure 2.ai (5/13/2021) FIGURE 2
Dumbarton Bridge to Quarry Lakes Trail Project
Trail Alignments