City of Hercules
2023-2031 Housing Element Update
Initial Study and Negative Declaration
Prepared for:
City of Hercules
111 Civic Drive
Hercules, California 94547
Prepared by:
MIG
800 Hearst Ave.
Berkeley, CA 94710
July 26, 2022
City of Hercules — 2023-2031 Housing Element Update i
Negative Declaration July 2022
Table of Contents
SECTION 1: PURPOSE AND AUTHORITY OF INITIAL STUDY ................................................................... 1
SECTION 2: PROJECT DESCRIPTION .......................................................................................................... 5
SECTION 3: DETERMINATION ...................................................................................................................... 17
SECTION 4: EVALUATION OF ENVIRONMENTAL IMPACTS
4.1 Aesthetics................................................................................................................................................... 21
4.2 Agricultural and Forestry Resources .......................................................................................................... 27
4.3 Air Quality................................................................................................................................................... 29
4.4 Biological Resources ................................................................................................................................. 37
4.5 Cultural Resources .................................................................................................................................... 44
4.6 Geology and Soils ..................................................................................................................................... 48
4.7 Greenhouse Gas Emissions ....................................................................................................................... 53
4.8 Hazards and Hazardous Materials ............................................................................................................ 56
4.9 Hydrology and Water Quality .................................................................................................................... 61
4.10 Land Use and Planning ........................................................................................................................... 68
4.11 Mineral Resources ................................................................................................................................... 70
4.12 Noise ....................................................................................................................................................... 71
4.13 Population and Housing ........................................................................................................................... 77
4.14 Public Services ......................................................................................................................................... 79
4.15 Recreation ................................................................................................................................................ 82
4.16 Traffic and Transportation ........................................................................................................................ 84
4.17 Utilities and Service Systems .................................................................................................................. 88
4.18 Mandatory Findings of Significance ......................................................................................................... 91
SECTION 5: REFERENCES.......................................................................................................................... 93
List of Tables
Table 1. General Plan Residential Land Uses ................................................................................................. 6 Table 2. Residential Zoning Districts ................................................................................................................ 7 Table 3. Regional Housing Needs Assessment .............................................................................................. 8 Table 4: Housing Element Opportunity Sites .................................................................................................. 10 Table 5. Major Criteria Pollutants .................................................................................................................. 32 Table 6. Federal and State Ambient Air Quality Standards ........................................................................... 33 Table 7. Summary of Air Quality Data for San Pablo and Vallejo .................................................................. 33 Table 8: BAAQMD Plan-Level GHG Thresholds of Significance .................................................................... 70 Table 9: BAAQMD Project-Level GHG Thresholds of Significance ................................................................ 70 Table 10: 2020 Plan Bay Area Forecasts ........................... 102Table 11: Housing Element 2030 VMT Impacts 118
List of Exhibits
Exhibit 1. Regional Context ........................................................................................................................... 13 Exhibit 2. Local Context ................................................................................................................................. 14 Exhibit 3. Housing Opportunity Sites ............................................................................................................. 15
City of Hercules — 2023-2031 Housing Element Update 1 Negative Declaration July 2022
SECTION 1: PURPOSE AND AUTHORITY OF INITIAL STUDY
1.1 Purpose and Authority
The purpose of this Initial Study is to identify and assess the significance of the environmental impacts that cou ld result from any potential future physical c hange in the envir onment resulting from the adoption and implementation of the City of Hercules General Plan 2023-2031 Housing Element.
This Initial Study has been prepared in accordance with the California En vironmental Quality Act (CEQA) Statutes and Gu idelines and the C ity of Hercules’s local rules and regulations. The proposed project requires discreti onary approval from the City of Hercules and review by the California Department of Housing and Community D evelopment (HCD). As the project initiator and because of the legislative approvals involved, the City is the Lead Agency with respect to this Ini tial Study pursuant to §15367 of the CEQA Guidelines. Specifically, this project requires City approval of the Housing Element Update. No other governmenta l agencies have d iscretionary permitting authority with respect to approval of the proposed project, and there are no Trustee Agencies, as defined in §21070 of the CEQA Statutes.
Pursuant to §15074 of the CE QA Guidelines, prior to approving this project , the City is o bligated to consider the findings of this Initial Study and to either adopt a Negati ve Declaration (ND), a Mitigated Negative Declaration (MND), or to determine that an Environmental Impact Report (EIR) is required. The findings of this Ini tial Study su pport adoption of a ND, as discussed in Section 4 . This means that the long-term plan for development of housing pursuant to the proposed Housing Element, in accordance with the governing land use planning policies and zoning standards, would be less than significant.
The environmental determination that is ultimately adopted or c ertified by the City is part of the discretionary review process with respect to evaluating the merits and disadvanta ges of the pr oposed Housing Element Update (HEU). The findings and determination of impact significance presented herein neither presuppose nor mandate any actions by the City concerning future decisions on the proposed HEU.
1.2 Contents
This report has been prepared to comply with Section 15063 of the S tate CEQA Guidelines, which sets forth in the required contents of an Initial Study. These include:
• A description of the project, including the location of the project (see Section 2) • Identification of the environmental setting (see Section 2.11) • Identification of environ mental effects by use of a checklist, matrix, or other methods, provided that entries on the checklist or other form are briefly explained to indicate that there is some evidence to support the entries (see Section 3)
• Examination of whether the project is compatible with existing zoning, plans, and other applicable land use controls (see Sections 2.6 and 2.7)
The name(s) of the person(s) who prepared or participated in the preparation of the I nitial Study (see Section 5.1)
1.3 Tiering
City of Hercules — 2023-2031 Housing Element Update 2 Negative Declaration July 2022
Section 15152 et al of the CEQA Guidelines describes “tiering” as a streamlining tool as follows:
(a) "Tiering" refers to using the analysis of general matters contained in a broader EIR (such as one prepared for a general plan or policy statement) with later E IRs and negative declarations on narrower projects; incorporating by reference the general discussions from the broader EIR; and concentrating the later EIR or negative declaration solely on the issues specific to the later project.
(b) Agencies are enco uraged to tier the environmental analyses which they prepare for separate but related projects including general plans, zoning changes, and development projects . This approach can eliminate repetitive discussi ons of the same issues and focus the later EIR or negative declaration on the actual issues ripe for decision at each level of environm ental review. Tiering is appropriate when the sequence of analysis is from an EIR prepared for a general plan, policy, o r program to an EIR or negative declaration fo r another plan, po licy, or program of lesser scope, or to a site -specific EIR or negative declaration . Tiering does not excuse the lead agency from adequately analyzing reasonably foreseeable significant envir onmental effects of the project and does not j ustify deferring s uch analysis to a later tier EIR or negative declaration . However, the level of detail contained in a first tier EIR need not be greater than that of the program, plan, policy, or ordinance being analyzed.
(c) Where a lead agency is u sing the tiering pr ocess in connection with an EIR for a large -scale planning approval, such as a general plan or component thereof (e.g., an area plan or community plan), the development of detailed, site -specific information may not be feasible but can b e deferred, in many instances, until such time as the lead agency prepares a future environmental document in connection with a project of a more limited geographical scale, as long as deferral does not prevent adequate identification of significant effects of the planning approval at hand.
(d) Where an EIR has been prepared and certif ied for a program, plan, policy, or ordinance consistent with the requirements of this section, any lead agency for a later pro ject pursuant to or consistent with the program, plan, policy, or ordinance should limit the EIR or negative declaration on the later project to affects which:
(1) Were not examined as significant effects on the environment in the prior EIR; or
(2) Are susceptible to substantial reduction or av oidance by the choi ce of specific revisions in the project, by the imposition of conditions, or other means.
(e) Tiering under this section shall be limited to situations where the project is consistent with the general plan and zoning of the city or co unty in which the p roject is located, except that a project requiring a rezone to achieve or maintain conformity with a general plan may be subject to tiering.
(f) A later EIR shall be required when the initi al study or other analysis finds that the lat er project may cause significant effects on the environment that were not adequately addressed in the prior EIR . A negative declaration shall be required when the provisions of Section 15070 are met.
(1) Where a lead agency determines that a cumulati ve effect has been ad equately addressed in the prior EIR that effect is not treated as significant for purposes of the later EIR or negative declaration, and need not be discussed in detail.
(2) When assessing whether there is a new significant cumulative effect, the lead agency shall consider whether the incremental effects of the project would be considerable when viewed in the context of past,
City of Hercules — 2023-2031 Housing Element Update 3 Negative Declaration July 2022
present, and probable future projects . At this point, the question is not whether there is a significant cumulative impact, but whether the effects of the project are cumulatively considerable. For a discussion on how to assess whether project impacts are cumulatively considerable, see Section 15064(i).
(3) Significant environmental effects have been "ade quately addressed" if the lead agency determines that:
(A) they have been mitigate d or avoided as a result of the prior environmental impact report and findings adopted in connection with that prior environmental report; or
(B) they have been examined at a s ufficient level of detail in the prior environmental impact report to enable those effects to be mitigated or avoided by site specific revisions, the imposition of conditions, or by other means in connection with the approval of the later project.
(g) When tiering is use d, the later EIRs or negative declarations shall refer to t he prior EIR and state where a copy of the prior EIR may be examined . The later EIR or negative declaration should state that the lead agency is using the tiering concept and that it is being tiered with the earlier EIR.
(h) There are various types o f EIRs that may be used in a tiering situation . These include, but are not limited to, the following:
(1) General Plan EIR (Section 15166).
(2) Staged EIR (Section 15167).
(3) Program EIR (Section 15168).
(4) Master EIR (Section 15175).
(5) Multiple-family residential development / residential and commercial or retail mixed -use development (Section 15179.5).
(6) Redevelopment project (Section 15180).
(7) Projects consistent with community plan, general plan, or zoning (Section 15183).
1.4 Approach
The environmental analysis contained in this Initial Study is based on the following assumptions:
General Plan Consistency: The analysis in this Initial Study is tiered off the “City of Hercules General Plan Land Use and Circulation Elements Update and Redevelopment Plan Amendments, Environmental Impact Report” adopted on June 9, 1995. As the General Plan is updated and/or amende d, the City will ensure that such updat es and amen dments do not prev ent implementation of the policies contained in the Housing Element Update.
Project Specific Environmental Review: In the City of Hercules, all development proposals are subject to an environmental review process to determine if CEQA review is required and if so, to identify potential impacts and impose appro priate mitigation measures, if needed, to avoid significant impacts .
City of Hercules — 2023-2031 Housing Element Update 4 Negative Declaration July 2022
This includes both discretionary projects, subject to the requ irements of CEQA, and smaller -scale ministerial projects that require issuance of building permits.
Purpose of Environme ntal Review: This project does not authorize any plan for construction of new homes or other uses or redevelopment of any properties . No direct environmental impacts, th erefore, would occur. This Initial Study addresses the assessment of potential en vironmental impacts resulting from the long -term effects of potential development facilitated by the Housing Element Update in accordance with the City’s existing land use policies. No changes to land use policy related to density or intensity are proposed. The purpose of the environmental assessment is to determine whether there are any peculiar types of impacts that could occur as an indi rect result of the proposed HEU strategies that were not examined in the General Plan EIR or if there could be impacts that are more severe than those anticipated in the EIR.
1.5 Availability
This Initial Study for the Hercules 2023-2031 Housing Element is available for public review at:
City of Hercules
Planning Department
111 Civic Drive
Hercules, California 94547
(510) 254-6531
City of Hercules — 2023-2031 Housing Element Update 5 Negative Declaration July 2022
SECTION 2: PROJECT DESCRIPTION
2.1 Project Title
City of Hercules 2023-2031 Housing Element
2.2 Lead Agency Name and Address
City of Hercules
Planning Department
111 Civic Drive
Hercules, California 94547
2.3 Contact Person and Phone Number
Timothy Rood, Community Development Director
(510) 799-8251
2.4 Project Location
The City of Hercules 2023-2031 Housing Element appl ies to all proposed and existing residential and mixed-use zoning dis tricts, as well as to General Plan lan d use designations that allow residential or mixed-use development within the municipal boundaries of the City of Hercules.
Hercules is located wit hin the West County por tion of Contra Costa County, which includes th e urbanized shoreline of San Francisco and San Pablo Bays. The City is separated from the remainder of Contra Costa County by the Briones Hills and open space lands. The incorporated Ci ty of Pinole is located south of Hercules and the unincorporated community of Rodeo is located north of Hercules.
Major roads and highways that traverse Hercules include portions of Interstate 80 (I -80), State Route 4 [also known as John Muir Parkway (SR 4)], and San Pablo Avenue.
In addition to San Franc isco and San Pablo Bays, the other regionally significan t natural feature in Hercules is Refugio Creek, which flows from the eastern edge of the City, through the central portion of Hercules, and into San Pablo Bay north of Hercules Point.
Most of the Cit y’s land area is l ocated east of the I -80 corridor, whic h runs in a north -south direction through the community. Hercules is predominantly a residential community, with traditional single -family detached dwellings located both e ast and west of the I -80 cor ridor. Commercial and retail areas are generally located along Sycamore and Willow Avenues near the eastbound I -80 off-ramp. Industrial and R&D/office uses are concentrated in the northwest portion o f Hercules, with light indust rial uses dispersed to the east of I-80 along SR 4 and Willow Avenue.
The City main tains a number of local parks distributed throughout the community. These include Refugio Valley Park, Ohlone Park, Woodfield Park, Foxboro Par k, Frog Pad Park, Duck Pond P ark, and Railroad Park. A pr ivate golf course, Franklin Canyon Golf Course, provides additional recreational opportunities in the eastern portion of Hercules.
City of Hercules — 2023-2031 Housing Element Update 6 Negative Declaration July 2022
Exhibit 1 (Regional Context) shows the location of Hercules in relat ion to the East Bay region. E xhibit 2 (Local Context) depicts Hercules in the context of surrounding communities and other major features.
2.5 Project Sponsor’s Name and Address
City of Hercules
Planning Department
111 Civic Drive
Hercules, California 94547
(510) 799-8251
2.6 General Plan Designations
Existing residential and m ixed-use land use designations that support housing development within the City of Hercules include those listed below in Table 1 (General Plan Residential Land Uses):1
Table 1
General Plan Residential Land Uses
Land Use Designation Intended Use Maximum Density
Single Family – Estate Single-Family detached in an estate setting 1-2 du/ac Single Family – Low Density Single-family units on smaller lots as part of larger planned subdivision 2-7 du/ac Multi Family – Low Density Multi-family units such as townhouses, condominiums and apartments as well as single-family housing Up to 12 du/ac
Multi Family – Medium Density Townhouses, condominiums and apartments at medium density 12 - 30 du/ac Multi Family – High Density High density, multi-family housing, typically near public transit centers, adequate streets, shopping centers and other high activity areas 30-35 du/ac or 12 du/ac Mobile Home Park Appropriately located mobile home parks with densities consistent with sound standards for public health and safety 7 du/ac
Industrial Residential (Mixed Use)
Integrated mixture of residential space and workspaces in the same structure, with residential spaces generally located above the workspace such as a loft, and is to provide living area for persons employed within 25 du/ac (live-work units)
Planned Commercial Residential Accommodates both residential and commercial uses in a well planned, mixed-use development 40 du/ac
2.7 Zoning Districts
Existing zoning districts that support residential development in Hercules are listed below in Table 2 (Residential Zoning Districts) along with the applicable development standards.2
1 City of San Hercules General Plan. Land Use Element Part 2. 1998. 2 City of Hercules. Zoning Ordinance. 2022.
City of Hercules — 2023-2031 Housing Element Update 7 Negative Declaration July 2022
Table 2
Residential Zoning Districts
District Zoning District Maximum Density (dwelling units/acre) Single Family – Estate RS-E 1-2 du/ac
Single Family – Low Density RS-L 2-7 du/ac
Multi Family – Low Density RM-L Up to 12 du/ac
Multi Family – Medium Density RM-M 12 - 30 du/ac
Multi Family – High Density RM-H 30-35 du/ac or 12 du/ac Mobile Home Park P-M-H 7 du/ac
Industrial Residential (Mixed Use) I-R 25 du/ac (live-work units) Planned Commercial Residential1 PC-R 40 du/ac
80 du/ac1
New Town Center NTC 30-75 du/ac
1 A maximum density of 80 units per acre is permitted as a planned development plan per ordinance.
2.8 Project Description
The proposed Project includes the adoption of the 2023–2031 Housing Element of the Hercules General Plan and implementation of identified programs and polices set forth in the draft Housing Element. The State of California has mandat ed that all local jurisdictions within the Bay Area have approved updated Housing Elements to reflect current “fair share” housing allocations for each City and County. The State Housing and Communit y Development Depart ment (HCD) reviews all Housing Elemen ts to determine compliance with State Law governing the content of these Elements.
Housing Element Requirements
The Housing Element is one of seven required elements of the General Plan. It addresses existing and future housing needs of persons in all econ omic segment group s and serves as a tool for de cision- makers and the public in understanding and meeting housing needs in Hercules. While the law does not require local governments to actually construct housing to meet identified needs, it does require th at the community a ddress housing needs in its discretionary planning actions by creating opportunities for housing in the land use plan and facilitating housing development through policy.
Housing Elements are le gal documents, included within a communit y’s General Plan, that identify housing rel ated conditions, provide an assessment of housing needs for the next five -year period of time, identify housing resources, identify housing opportunities an d constraints, a nd establish policies, programs, and quantified housing objectives to achieve City housing needs.
Statutory Requirements
State law requires that all housing elements address four key topics: 1) housing needs, 2) constraints to housing development, 3) hou sing resources, and 4) a housing plan. Analysis of these to pics provides the foundation for the preparation of a housing element . Article 10.6, Section 65580 – 65589.8, Chapter 3 of Division 1 of Title 7 of the Government Code sets forth the legal requirements for a housing element and encourage s the provision of affordable and decent housing in suitable living environments for all communities to meet statewide goals . This 2023-2031 Housing Element update is a policy document of the City of Hercules regarding current and projected future housing needs, and the City’s goals, policies, and programs to address those identified needs, and represents a focused update to the City’s adopted
City of Hercules — 2023-2031 Housing Element Update 8 Negative Declaration July 2022
2008-2014 Housing Element, which was found to be fully in compliance with State law by the California Department of Housing and Community Development (HCD).
Housing Needs
Several factors influence the demand for housing in Hercules. The four major needs categories considered in the Housing Element include: 1) housing needs resulting from population growth, b oth in the City an d the surrounding r egion; 2) housing needs resulting from overcrowding of units; 3) housing needs that result when households are paying more than they can afford for housing; a nd 4) housing needs of "special needs groups" such as the eld erly, large famili es, female -headed h ouseholds, households with a physically or developmentally disabled person, farm workers, and the homeless.
The City of Hercules 2023-2031 Housing Element profiles ke y community demographics and examines the related housing needs of various groups, i ncluding owners versus renters, lower -income households, overcrowded households, elderly households, special needs groups, and home less persons. This information is detailed in the Housing Element.
California housing element law requires that each city and county develop local housing programs designed to meet their “fair share” of housing needs for all income groups, based on proje cted population growth. The HCD Hous ing Policy Division deve lops Regional Housing Needs Assessments (RHNA) for each regi on of the State represented by councils of governments . The Association of Bay Area Governments (ABAG) determines the housing allocati on for each city and county within its six - county jurisdiction. ABAG has assigned Hercules a housing alloca tion of 995 units for the 2023-2031 planning period. Table 3 (Regional Housing Needs Assessment) identifies the total proj ected housing needs for the 2023-2031 Housing Element.
Table 3
Regional Housing Needs Assessment
Income Category % of County AMI
2023-2031
RHNA Allocation
Number of Units
Percentage of
Units
Extremely Low 0-50% 0 0%
Very Low 30-50% 344 34.6%
Low 51-80% 198 19.9%
Moderate 81-120% 126 12.6%
Above Moderate 120% + 327 32.9%
Total 995 100%
Source: ABAG, 6th Cycle RHNA Allocation 2022
Opportunity Areas
The proposed Housing Element identifies housing opportunity sites to accommodate the City’s fair share of regional housin g needs for the 2023-2031 planning period to help meet the RH NA. These sites are depicted on Exhibit 3 (Housing O pportunity Sites) . The City of Hercules has already met about 35 percent of its total RHNA goal with its units constructed or in the pipeline. The Hercules 2023-2031 Housing Element provides an inventory of vacant properties within the City, most of w hich are located within various planned development areas such as Central Hercules Plan and the Waterfront District Master Plan. The properties were all p reviously approved for high -density or mixed -used residential development or with pending pro jects. However, due to economic downturn, these approved projects
City of Hercules — 2023-2031 Housing Element Update 9 Negative Declaration July 2022
have not moved forward, and therefore the sites remain av ailable for future development. All of t he housing sites are either approved by the City of Hercules or are currently being considered for approval, generally within large residential or mixed -use districts or specific plan areas. No rezoning or amendments to any applicable area plan or regulating code are proposed as part of this project.
Individual development projects that would contribute to meeting the City’s RHNA targets are described below (letters in parentheses refer to each site’s location shown in Exhibit 3):
(A) Bayfront Phase III. The third phase of this project will begin construction in Winter 2022 in th e TOD Waterfront District of Downtown Hercules. The Hercules Bayfront Master Plan is a multi -phase TOD project spanning over 42 bay adjacent acres. Bayfront Phase III is being developed near plans for a new town center, a lively new waterfront, and an exciting new train and ferry terminal.
(B) Hill Town. The Santa Clara Valley Housing Group (SCVHG) has approvals for a mixed-use project on a 44 -acre site bounded by John Muir Parkway to south, San Pablo Avenue to the west, the Victoria by the Bay development t o the north, and Interstate 80 to the east. The project will inc lude 598 units (including townhomes, courtyards, and podium housing) despite the challenging topography. The project will also include 4,200 square feet of neighborhood retail.
© Sycamore C rossing. This is a 12.88 -acre site at the s outhwest corner of th e intersection of Sycamore Avenue and San Pablo Avenue. The Cit y approved an applica tion by the property owners, represented by the Lewis Group, to develop the site with retail, hotel, and res idential uses. Sycamore Crossing was approv ed for 120 residentia l units, with 30 units designated as affordable. The project includes a stormwater treatment area, open space, a community garden, and access to Ohlone Creek.
(D) 215 Skelly.ERC SC LLC, a partnership between D.R. Horton and the property s eller, has proposed 40 single-family units on 7.44 acres at 215 Skelly Drive. The project will include two affordable housing units. The project includes a stor mwater treatment area, an open space buffer, and a public trail along the southern portion of the p roject site that would provide pedestrian access to Pinole Creek and the San Francisco Bay Trail. The developer has completed th e required community engagement and has submitted a project application to the City.
(E) Herc ules New Town Center (NTC) District. This district will establish a new downtown for the community and the region. The NTC will include the relocated and expanded He rcules Transit Center at its core, combining a regional bus station and location for a pot ential f uture BART extension.
Surrounding the mass transit station will be pedestrian -oriented mixed-use development including retail, entertainment, office and urban -density residential uses (a total of 1,306 uni ts). In total, the anticipated development plan has a capacity of 1,306 units across four parcels. The NTC includes minimum and maximum density for residential development that ranges from 30 -75 dwelling units per acre, with an anticipated 60 dwelling units per acre at build-out.
Table 4 (Housing Element Opportunity Sites) summarizes the characteristics of the Housing Element Sites Inventory and the ir locations are shown in Exhibit 3 (Opportunity Sites Locatio ns). The Housing Opportunity Sites will approximately 2,069 units on parcels with a maximu m capacity of 2,451 units of new housing compared to the City’s current RHNA of 995 units.
City of Hercules — 2023-2031 Housing Element Update 10 Negative Declaration July 2022
Table 4
Housing Element Opportunity Sites
Site1 Name/General Location Size
(Acres)
Density
(du/ac)
Maximum
Units
General Plan
Designation2
A Bayfront Phase III – TOD Waterfront
District, Downtown Hercules
9.61 1-40 387 PC-R
B Hill Town - John Muir Parkway @ San
Pablo Avenue
44.30 1-40 598 PC-R
C Sycamore Crossing - Sycamore
Avenue @ San Pablo Avenue
1.77 1-80 120 PC-R
D 215 Skelly – 215 Skelly Drive 7.49 1-7 40 RS-L
E New Town Center – Sycamore
Avenue @ Willow Avenue
24.16 30-75 1306 NTC
Total 87.33 1-80 2,451 --
Source: City of Hercules Housing Element 2023-2031
1 See Exhibit 3, Housing Element Opportunity Sites
2 NTC = within the New Town Center
Other Factors Affecting New Housing
AB 1397
Consistent with updated Housing Element law (Assembly Bill 1397) related to the suitability of small and large sites, the lower -income sites inventory presented in this section is limited to sites of between 0.5 and 10 acr es in size, as HCD has indicated these size parameters best accommodate lower -income housing. In this inventory, there are no sites that are less than one -half acre in size. AB 1397 also adds specific criteria for assessment of the realistic availa bility of non-vacant sites during the planning period.
If non -vacant sites accommodate half or more of the lower -income need, the Housing Element must present “substantial evidence” that the existing use does not const itute an impediment for additional residential use on the site. Due to the built -out nature of Hercules, most sites have existing uses. Non- vacant sites included in the inventory have been chosen due to their location, existing uses, and potential for inte nsification. To ensure that appropriat e sites have been chosen, properties that show recent investments or updates or that contain uses of local importance are not included, and clear criteria were used to evaluate all sites within Hercules.
“No Net Loss” Provision
Government Code Section 65863 stipulates that a jurisdiction must ensure that its Housing Element inventory can accommodate its share of the RHNA by income level throughout th e planning period. If a jurisdiction approves a housing project at a lower dens ity or with fewer units by income category than identified in the Housing Element, i t must quantify at the time of approval the remaining unmet housing need at each income level and determine whether there is sufficient capacity to meet that need. If not, the City must “identify and make available” addi tional adequate sites to accommodate the jurisdiction’s share of housing need by income level within 180 days of approving the r educed-density project.
Program H3-7 is included in the Housing Element to set up a process for compliance.
Comparison of Sites Inventory and RHNA
Combined, the opportunity sites identified have the potential to accommodate 2,069 residential units. As Table 4 indicates, these sites and the densities allowed will provide opportunities to achieve remaining
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RHNA goals for all income categories as well as provide surplu s of 1,079 units, wh ich help support no net loss provisions consistent with State law. The se areas are considered highly likely to experience high density residential devel opment for two key reasons: 1) the high demand f or more affordable housing throughout Contra Costa County, and 2) the availability of underutilized land in areas recently designated for mixed-use, with the potential for high density residential development . The sites chosen are significantly underutiliz ed given their size and location. As market forces continue to push toward higher densities, recycling of underutilized land i s expected to occur at an increasing rate. If the trend continues, the City can an ticipate increased recycling of land, particular ly in higher-density areas where economies of scale can be realized.
Housing Element
The proposed Housing Element Update (HEU ) anticipates development that could occur under the General Plan, as may be amend ed to accommodate the above individual developme nt projects, but neither proposes or approves individual development projects. Implementation of future housing development will continue upon application to the City for approval to construct site-specific projects that could be facilitated by the 20 23–2031 HEU policies and programs as well as other City regulations and incentives. All future development may require the issuance of additional permits from the City of Hercules, including but not limited to Pla nned Development Plans, Design Review approvals, subdivision maps, and other approvals.
As in the current Housing Element, the 20 23–2031 HEU continues to provide a policy an d program framework that is receptive to future residential development proposals. The proposed Element also continues to take advantage of currently planned higher densities for transit-oriented development.
The Draft Housing Element identifies a number of programs and incentives that would assist in meeting the City’s quantified housing objectives. These include but are not limited to:
• Use of density bonuses for development of affordable housing. • Use of secondary dwelling units (“granny flats”).
• Financial resources, including Community Development Block Grants, Section 8 assist ance California Housing Finance Agency funding, and other sources.
This HEU goals, policies, and programs have been established to address current housing issues in Hercules and to meet State law housing requirements. The City’s enduring objective is to f acilitate and encourage safe, decent housing tha t fulfills the diverse needs of curr ent and future residents. To achieve this vision, the H EU identifies long‐term housing goals and shorter ‐term policies and programs to address identified housing needs, con straints to development confronting the City, and resources available to address the housing needs. To make adequate provision for the housing needs for peop le of all income levels, State law (Government Code 65583[c]) requires that the City, at a minimum, identify programs that do all of the following:
▪ Identify adequate sites, with appropriate zoning and development standards and services to accommodate the locality’s share of the regional housing needs for each income level. ▪ Assist in the development of adequate housing to meet the needs of extremely low‐, very low‐, low‐, and moderate‐income households.
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▪ Address and, where possible, remove governmental constraints to the maintenance, improvement, and development of housing, including housing for people at all income levels, as ▪ well as housing for people with disabilities.
▪ Conserve and improve the condition of the existing affordable housing stock and preserve assisted housing developments at risk of conversion to market‐rate housing. ▪ Promote equal housing opportunities for all people, regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability.
The following lists the HEU goals and policies that will be evaluated in the Initial Study.
Goals and Policies
A. Assist in the Development and Preservation of Affordable Housing Hercules strives to have a balanced community, with housing units available for all income segments of the population. Prior to its dissolution, the Redevelopment Agency facilitated the production of affordable for‐sale and rental housing through the provision of both financial and regulatory incentives. With the dissolution of Redevelopment, the City supports affordable housing through participation in the CDBG and HOME programs, throug h technical assistance and re gulatory incentives, and through regional programs.
Goal H1: Assist in the provision of adequate housing to meet the needs of the community.
Establish a balanced approach to meeting housing needs that includes the needs of both renter and owner households.
Policy H1.1 Facilitate development of housing affordable to lower‐income households by providing technical assistance, regulatory incentives and concessions, and financial resources as funding permits.
Policy H1.2 Encourage and provide incentives for both the private and public sectors to produce or assist in the produc tion of affordable housing, with emphasis on housing affordable to persons with disabilities, seniors, large families, female ‐headed households with children, and people experiencing homelessness.
Policy H1.3 Establish partnerships with private developers and non‐profit housing corporations to assist Hercules in meeting its housing goals.
Policy H1.4 As funding allows, provide rental assistance to address existing housing problems and support regional programs to assist prospective homebuyers.
B. Encourage Housing Variety
Meeting the housing needs of all residents in the community requires the identification of adequate sites for all types of housing. By capitalizing on the allowances in the Development Code and continuing to maintain an inventory of potenti al sites, the City will ensure that adequate residentially zoned and mixed‐use sites are available.
City of Hercules — 2023-2031 Housing Element Update 13 Negative Declaration July 2022
Goal H2: Encourage a variety of housing types to meet the existing and future needs of Hercules residents.
Policy H2.1 Accommodate a range of residential development types in Hercules, including low‐density single‐family homes, m oderate‐density townhomes, higher ‐density multi‐family units, and residential/commercial mixed use in order to address the City’s share of regional housing needs.
Policy H2.2 Continue to maintain an up‐to‐date residential sites inventory, and provide information to interested developers in conjunction with information on available development incentives.
Policy H2.3 Encourage development and long ‐range planning that uses compact urban forms that foster connectivity, walkability, and use of alternative trans portation modes, particularly within the Hercules Regional Intermodal Transportation Center planning area.
Policy H2.4 Continue to allow accessory dwelling units as a means of providing additional infill housing opportunities.
Policy H2.5 Support the provision of high‐quality rental housing for large families, students, and senior households.
Policy H2.6 Encourage housing for low‐ and moderate‐income households to be located in many different locations and not concentrated in any single portion of the City.
Policy H2.7 Encourage infill development and recycling of land to provide adequate residential sites and support the assembly of small vacant or underutilized parcels to enhance the feasibility of infill development.
C. Remove Constraints to Housing Development
Market and governmental factors pose constraints to the provision of adequate and affordable housing.
These factors tend to disproportionately impact low ‐ and moderate ‐income households due to their limited resources for absorbing the costs. Hercules is committed to removing governmental constraints that might hinder the production of housing.
Goal H3 Minimize the impact of governmental constraints on hous ing production and affordability.
Policy H3.1 Review and adjust residential development standards, regulations, ordinances, departmental processing procedures, and residential fees related to rehabilitation and construction that are determined to constrain housing development.
Policy H3.2 Provide regulatory incentives, such as density bonuses and reduced parking, to offset the costs of developing affordable housing.
Policy H3.3 Monitor State and federal housing ‐related legislation, and update City plans, ordinances, and processes as appropriate to remove or reduce governmental constraints
City of Hercules — 2023-2031 Housing Element Update 14 Negative Declaration July 2022
D. Promote Equal Housing Opportunity
To fully meet the community’s housing needs, housing must be accessible to all residents , regardless of race, religion, family status, age, or physical disability.
Goal H4 Promote and affirmatively further fair housing opportunities and promote housing throughout the community for all.
Policy H4.1 Affirmatively further fair housing related to the sale, rental, and financing of housing to avoid discrimination based on race, religion, age, sex, marital status, ancestry, national origin, color, familial status, or disability, or any other arbitrary factor.
Policy H4.2 Assist in the enforcement of fair housing laws by providing support to organizations that can receive and investigate fair housing allegations, monitor compliance with fair housing laws, and refer possible violations to enforcing agencies.
Policy H4.3 Facilitate increased participati on among traditionally underrepresented groups in the public decision‐making process.
Policy H4.4 Promote greater awareness of fair housing practices and requirements, tenant and landlord rights and obligations through outreach and education for the broader community of residents, residential property owners and operators.
Policy H4.5 Encourage housing construction or alteration to meet the needs of residents with special needs, such as the elderly and disabled.
2.9 Project Objectives
The goals, policies, and programs in the Housing Element build upon the identified housing needs in the community, constraints confronting the City, and resources available to address the housing needs .
Hercules’s housing goals, policies, and programs address the following six major areas:
• Assist in the provision of housing that meets the ne eds of all socioeconomic segments of the community.
• Conserve and improve housing supply.
• Provide adequate housing sites.
• Remove government constraints.
• Provide equal housing opportunity.
• Promote energy efficiency and conservation.
2.10 Environmental Setting
The City of Hercules is located in western Contra Costa County, approximately 15 miles north of Oakland. Situated along the coast of San Pablo Bay it is located in the eastern region of the San Francisco Bay area. Major freeways traversing the City incl ude I-80 and State Route 4 (SR -4). The City’s total planning area, including t he Sphere of Influence is 11,634 acres ( 18 square miles).
Hercules’s pattern of land uses transitions between predominantly suburban and commercial areas, with pockets of vacant land dispersed in between subdivisions. Cities surrounding Hercules are also similarly developed and with comparable layout, design, and character. The Pinole Ridge and Mendocino
City of Hercules — 2023-2031 Housing Element Update 15 Negative Declaration July 2022
Reservoir are located south of the City. See Exhibit 3 for general locations of the proposed Opportunity Areas for the Housing Element.
2.11 Required City Approvals
The City Council must approve a HEU to incorporate the 2023-2031 Housing Element into the City’s General Plan in compliance with State Law.
2.12 Other Agency Approvals
The State of California, Department of Housing and Community Development (HCD) will review the Housing Element for compliance with State law and must determine if the adopted Element is in substantial compliance (Article 10.6 of the Government Code).
City of Hercules — 2023-2031 Housing Element Update 16 Negative Declaration July 2022
Exhibit 1. Regional Context
City of Hercules — 2023-2031 Housing Element Update 17 Negative Declaration July 2022
Exhibit 2. Local Context
City of Hercules — 2023-2031 Housing Element Update 18 Negative Declaration July 2022
Exhibit 3. Housing Opportunity Sites
City of Hercules — 2023-2031 Housing Element Update 19 Negative Declaration July 2022
SECTION 3: DETERMINATION
1. Project description: Adoption of an updated 2023-2031 Housing Element as part of the Hercules Gene ral Plan as well as impl ementation of the updated Element
2. Lead agency: City of Hercules
3. Contact person: Timothy Rood, Community Development Director
4. Project location: City-wide
5. Project sponsor: City of Hercules
6. General Plan designations: Various
7. Zoning: Various
9. Other agency required approvals: Certification by the California Department of Housing and Community Development
City of Hercules — 2023-2031 Housing Element Update 20 Negative Declaration July 2022
3.1 Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project.
□ Aesthetics □ Agriculture Resources □ Air Quality
Biological Resources □ Cultural Resources □ Energy
□ Geology /Soils □ Greenhouse Gas Emissions □
Hazards & Hazardous
Materials
□ Hydrology / Water Quality □ Land Use / Planning □ Mineral Resources □ Noise □ Population / Housing □ Public Services
□ Recreation □ Transportation/Traffic □ Tribal Cultural Resources □ Utilities / Service Systems □ Wildfire □
Mandatory Findings of
Significance
3.1 Determination
On the basis of this initial evaluation:
_X_ I find that the proposed project could not have any new and significant effects on the environment that were not previously identified and addressed in the earlier environmental analyses described in Section 3.3, 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 the mitigation measures described on an attached sheet have been added to the project. A Mitigated Negative Declaration will be prepared.
___ I find that although the proposed project may have a significant effect 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 earlier analysis as described on the attached sheets, if the effect is a “potentially significant impact ” or “potentially significant unless mitigated.” An Environmental Impact Report is required, but must only analyze the effects that remain to be addressed.
___ 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 all po tentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed on the proposed project.
Signature: _____________________________ Date: _________________
Printed Name: __________________________ For: __________________
City of Hercules — 2023-2031 Housing Element Update 21 Negative Declaration July 2022
3.2 Evaluation 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 parenthesis 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 factors (e.g ., the project will not expose sensitive receptor s to pollutants, based on a project-specific screening analysis).
2) All answers must take account of the whole action, including off -site as well as on -site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) “Potentially Significant Impact ” is appropriate if there is substantial evidence that an effect is 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 Unless Mitigation Incorporated ” implies elsewhere the incorporation of mitigation measures reduces an effect from “potentially significant effect ” to a “less than significant impact .” The lead agency must descri be 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 ea rlier EIR or negative declaration. In this case, a brief discussion should identify the following:
a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above ch ecklist 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.
8) This is a suggested form, and lead agenc ies 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.
City of Hercules — 2023-2031 Housing Element Update 22 Negative Declaration July 2022
9) The explanation of each agency should identi fy: (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 a less than significant level.
3.3 Earlier Analysis
Earlier analyses may be used where, pursuant to tiering, a program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration [Reference CEQA Guideline Section 15063 (c)(3)(d)].
Portions of the environmental analysis for this Ini tial Study refer to information contained in one or more of the EIRs listed below. The draft Housing Element does not propose any General Plan or Specific Plan land use changes or any rezoning of properties. The City proposes to meet its RHNA through existing General Plan land use and zoning designations. The following environmental review documents reflect these existing designations and/or zoning in their respective analyses.
• City of Hercules General Plan Land Use and Circulation Elem ents Update and Redev elopment Plan Amendments, Environmental Impact Report, SCH# 1995033027, certified on June 9, 1995. • Hercules New Town Center EIR, SCH# 2007062002, certified on February 10, 2009. • Hercules Update 2009 Redevelopment Plan EIR, SCH # 2008 112040, certified o n May 26, 2009.
• Hercules Bayfront Project EIR, SCH # 2009112058, certified on October 11, 2011.
These documents are incorporated herein by reference and are available for public review at the Hercules Planning Department , 111 Civic Drive, Hercules, duri ng normal business hours. They are also posted on the City’s website at the following internet address:
https://www.ci.hercules.ca.us.
3.4 Environmental Checklist
The following Environmental Checklist form is used to describe the impacts of the proposed project, as detailed in the Project Description. Potential environmental impacts are described as follows:
Potentially S ignificant Impact : An environmental im pact that could be significant and for which no feasible mitigation is known. If any potentially significant impacts are identified in this Checklist, an Environmental Impact report (EIR) must be prepared.
Potentially Significant Unless Mitigated : An envi ronmental impact that requires the incorporation of mitigation measures to reduce that impact to a less-than-significant level.
Less-Than-Significant-Impact: An environment al impact may occur, however, the impact would not be considered significant based on CEQA environmental standards.
No Impact: No environmental impacts are proposed.
City of Hercules — 2023-2031 Housing Element Update 23 Negative Declaration July 2022
SECTION 4: EVALUATION OF ENVIRONMENTAL IMPACTS
4.1 Aesthetics
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
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 a publicly accessible
vantage point). If the project is in an
urbanized area, would the project conflict
with applicable zoning and other
regulations governing scenic quality?
d) Create a new source of substantial light
or glare which would adversely affect day
or nighttime views in the area?
Environmental Setting
Overview. Visual and aesthetic characterizes within Hercules vary considerably within the community.
Portions of the community lying east of the I -80 freeway are characterized by ro lling hills, scattered residential uses, and commercial service land uses. With the exception of R&D and business park uses located west of San Pablo Avenue and north of John Muir Parkway, the portion of Hercules lying west of the I -80 freeway include a mi x of residential uses at varying densiti es, commercial uses, parks, civic uses, vacant land, and resource protection areas.
Major scenic vistas . Major scenic vistas in the Hercules planning area include the I -80 freeway which provides distant views of San Pablo Bay and nearby hillside areas. Dr ivers trave lling on SR-4 are
City of Hercules — 2023-2031 Housing Element Update 24 Negative Declaration July 2022
afforded views of vacant hillsides in their natural state and the Franklin Canyon Golf Course. Neither of these state routes is designated as sc enic highways by the State of Califor nia (source:
http://www.dot.ca.gov//hq/LandArch/scenic_highways.indenx.htm). However, the City of Hercules has designated SR-4 as a City Sce nic Route and San Pablo Avenue from P inole Valley Road to I -80 as a local Scenic Route.
Other scenic routes include San Pablo Avenue (a north–south arterial roadway that traverses wetland and riparian resources in the Refugio Valley) and Refugio Valley Ro ad (an east –west arterial that parallels Refugio Creek in the central portion of He rcules). Views of San Pablo Bay are available from Railroad Street and Bayfront Boulevard adjacent to the Bay. San Pablo Bay Regional Shoreline also provides a scenic vista to San Pablo Bay. Finally, local park s in Hercules provide for scenic vistas of nearby hillsides and other views.
Scenic resources . Scenic resources in the Hercules planning area include surface water and riparian areas, undeveloped natural hillsides, and major stands of vegetation. The major surface body of water in the Hercules planni ng area is San Pablo Bay, located immediately west of the upland portion of the community. Refugio Creek provides another major scenic resource that flows from lands with hi gher elevations in the eastern portion of Hercules into San Pablo Bay.
A number of major natural and man-made vegetated areas exist in Hercules. These include:
• A corridor along Refugio Creek and Refugio Valley Road. • Natural hillsides lying northeast of Emerald Way and Tur quoise Drive in the southern portion of Hercules.
• Trees within local parks, including but not limited to Refugio Valley Park.
Light sources. Numerous sources of lights exist within the developed portions of Hercules. These include street light s, parking lot lights, building lights, security lights , and similar so urces of light.
Undeveloped portions of the community generally do not have light sources.
Impacts and Mitigation Measures from Previous EIRs
A number of impacts and mitiga tion measure s included in previously certified CEQA documents that include the housing opportunity sites (see Exhibit 3) are listed below.
City General Plan EIR. The GP EIR identified the following potentially significant visual quality -related impact and five mitigation measures that would reduce impacts to less than significant levels:
Impact Visual -1: Implementation of the proposed land use designations could result in development that impairs the existing scenic quality of the upper drainage and lower drainage ridges, plateaus, and floodplain.
Mitigation Measure Visual-1a: Development proposals should be viewed in terms of natural objects in the vicinity that have aesthetic significance. This may include open space, eucalyptus groves, or vegetation tha t serves as a view corridor or has important visual attributes. Development proposa l should be sited to ensure that these features are retained or replaced to the extent feasible, resulting in minimal view impairment.
Mitigation Measure Visual-1b: Plantings that serve to screen views of residential development, or that help to maintain a natural-appearing landscape, should be retained to the extent feasible. Such plants
City of Hercules — 2023-2031 Housing Element Update 25 Negative Declaration July 2022
could be thinned selectively if thinning would improve view corridors. If specific trees are to be removed, such as eucalyptus trees, replace with trees, preferably native species, that would provide suitable screening while retaining important view corridors.
Mitigation Measure Visual-1c: Preserve the wooded tree-lined character of the propo sed hiking/biking trail along Refugio Creek west of I -80 through retention of exist ing vegetation and/or planting of replacement trees and other vegetation.
Impact Visual-2: Adoption of the proposed land use designations could result in development that could result in obstruction of scenic vistas and views open to the public.
Mitigation Measure Visual-2a: Development should preserve important view corridors, where feasible, by identifying and preserving the attributes of the view corridor that characterize its significance (e.g., framing elements, surface water reflections, presence or a bsence of impinging details) as seen from roadways, pedestrian paths or other public vantage points to avoid view obstruction. Building should be sited so as to minimize vie w obstructio n from sensitive viewpoints. The following views, from publicly accessible viewpoints, should be preserved to the maximum extent feasible as the City evaluates new development or a parcel-specific basis:
• Upper drainage views from higher elevations of Parcel 13 easterly up the floor of Franklin Canyon. • Lower drainage views acr oss Hercules Point north across open water to Lone Tree Point and beyond to Solano and Napa Counties.
• Lower drainage ridge views from the promontory of San Pablo Bay, Lone T ree Point, F ranklin Canyon and the Refugio Creek floodplain.
• San Pablo Avenue views of specimen oak tree stands and, where feasible, of Eucalyptus. • Views of San Pablo Bay and the Hills of Marin, Sonoma, and Napa Counties, and inland of the Briones Hills, that are available from various elevation points on Parcels 2,4,5,6 7, and C and fro m the shoreline areas of Parcels 1, 2, and 6.
• Views from the former Hercules Powder Company offices on the promontory to the west, north, and east.
Impact Visual -3: Development in the upper drainage valleys, lower drainage floodplain and plateaus could introduce additional light and glare.
Mitigation Measure Visual -3a: The City of Hercules should evaluate the light and glare potential of new development on a parcel specific basis and apply the following measures:
• Screening of parking areas by using vegetat ion and trees. This would reduce the amount of glare generated from painted and chrome automobile surfaces and prevent expanses of stationary and moving automobiles.
• Hooded lights for n ighttime illumination should be used for parking areas, shipping and re ceiving docks and industrial development. Hooded lights direct the light beam towards the ground, which if a dark pavement, will not reflect light and cause spillage into neighboring uses. • Regular windows should be used instead of glass walls or massive reflective windows often used for research and development, and office park developments.
Impact Visual -4: Development consistent with the proposed Land Use and Circulation El ements Update could degrade objects having aesthetic or historical significance.
City of Hercules — 2023-2031 Housing Element Update 26 Negative Declaration July 2022
Mitigation Measure Visual -4a: The City would review development proposals on a project -specific basis. New development would be subject to design review as part of the City’s project review process.
Hercules New Town Center EIR . This EIR identified a potent ially significant impact caused by future development within the New Town Center project that would alter the existing visual character of the project area and its surroundi ng area. Mitigation Measure AES1 requires that future development within the New Town Center project area be maintained in a clean and orderly condition. A screen fence shall be placed around construction sites, and construction staging areas are to be loc ated away from public view.
Updated 2009 Redevelopment Plan EIR . Impact AES-2 identified a significant and unavoidable impact with respect to damage or removal of scenic resources adjacent to scenic corridors, including hillside areas, removal of mature t rees, and remov al of a riparian area for which a Statement of Overriding Consideration was adopted. Mitigation Measures AES-2a through 2f required: replacement of lost trees; sensitive placement of future buildings to minimize view obstruction; avoidance o f inconsistent building designs; and installation of landscaping along San Pablo Avenue to soften the visual mass of future buildings. Even with adherence to these measures, this impact would not be reduced to a less -than- significant level. A Statement of Overriding Cons iderations was adopted for this impact due to the benefits of the plan.
Impact AES-3 noted that construction of the proposed project would alter the existing visual character of the sites and could substantially degrade the visual character and quality of the sites and their respective surroundings. This was identified as a si gnificant and unavoidable impact. A Statement of Overriding Considerations was adopted for this impact due to the benefits of the plan.
Impact AES-4 identified a poten tially significant impact with respect to creation of new sources of light and glare that could impact nighttime views of the area. Adherence to Mitigation Measures A ES-4a and -4b reduces this impact to a less -than significant level by requiring parking ar eas in the Syca more Crossing and Hill Town areas to be screened with trees and vegetatio n and the use of hooded and downward-directed light fixtures.
Hercules Bayfront Project EIR . Impact 4.1 found an impact with respect to scenic resources should the Bayfront project b e approved and constructed. Specifically, views of the Bay and Refugio Cr eek would be blocked from a number of vantage points. Adherence to Mitigation Measure 4 -1 partially reduces this impact by requiring changes to the project site plan. If these changes cannot be made, this impact would be significant and unavoidable. A Statement of Overriding Considerations was adopted for this impact due to the benefits of the plan
Impact 4.2 identified a significant and unavoidable impact with respect to changing the visual character of the site from an undeveloped area to an urbanized ar ea. A Statement of Overriding Considerations was adopted for this impact due to the benefits of the plan.
Impact 4.3 identified an impact with the introduction of ligh t and glare to the project site and vicinity.
Adherence to Mitigation Measure 4-3 reduces this impact to a less-than-significant level by requiring the City Community Development Department to approve a lighting plan that demonstrates minimization of light and glare from the site.
City of Hercules — 2023-2031 Housing Element Update 27 Negative Declaration July 2022
Regulatory Framework
The City of Hercules has the following regulations to minimize impacts to visual and aesthetic resources.
General Plan . The General Plan contains the following goals and policies regulating aesthetic and scenic features of the City.
Land Use Element Objective 7 directs the City to achieve a pa ttern of development that is consistent with the City’s desired image.
Open Space and Conservation Element Objective 1.d states that the City should plan for the preservation and enhancement of visual qualities as viewed from scenic routes.
Open Space/Conservation Element Objective 13 directs the City to preserve and enhance scenic views within the community. The following policies are also related to this Objective:
Development proposals shall be reviewed in terms of natural objects in the vicinity that have aesthetic significance. This may include opens space, eucalyptus groves or vegetation that serves as a view corridor or has important visual attributes. Developme nt proposals sh all be sites to ensure that these features are retained or replaced to th e extent feasible, resulting in minimal view impairment ( Policy 13a)
Plantings that serve to screen views of residential development or that help to maintain a natural - appearing landscape, shall be retained to the extent feasible. Such plants could be thi nned selectively if thinning would improve view corridors. If specific trees are to be removed, such as eucalyptus trees, replace with trees, preferably native trees th at will provide suitable screening while retaining important view corridors, especially along San Pablo Avenue, which is designated as a scenic corridor. ( Policy 13b).
Development shall preserve important view corridors, where feasible, by identifying and preserving the attributes of the view corridor that characterize its significance (e.g. framing elements, surface water reflections, presence or absence of impinging details) as seen from roadways, pedestrian paths or other public vantage points to avoid view obstructio n. Buildings shall be sited so as to minimize view obstruction from sensitive viewpoints (Policy 13d).
New development shall be designed to minimize light and glare impacts (Policy 13e).
Circulation Element Objective 2 directs the City to plan for the pr eservation and enhancement of visual qualities as viewed from designated scenic routes.
Hercules Zoning Ordinance. The Hercules Zoning Ordinance contains Chapter 25, the Scenic Road and Highway Overlay District. The purpose of this District is to implemen t the scenic road and highway designations of the General Plan , to review the visual impacts of development proposals adjacent to scenic corridors, and to encourage aesthetically attractive architecture and site designs.
The Zoning Ordinance also requires establishment and maintenance of a 50 -foot wide setback from the top of banks for Refugio Creek and Rodeo Creek. (Section 22.400 (1).) The setback may be reduced for the west branch of Refugio Creek if the 50-foot setback proves infeasible.
City of Hercules — 2023-2031 Housing Element Update 28 Negative Declaration July 2022
Tree Removal Ordinance. The City’s Tree Removal Ordinance regulates the removal of matu re trees on public and private lands in the community. The ordinance defines a mature tree as a living tree with a trunk diameter of 12 inches or more measured approximately 4.5 feet above adjacent ground surface.
Project Impacts
a) Less than Significan t Impact . Potential dwelling units identified in the Housing Element Update are predominantly located in the central and western portions of Hercules , and impacts r elated to scenic vistas of the various housing sites have been analyzed in the Hercules New Town Center EIR, the 2009 Updated Redevelopment Plan EIR , and the Bayfront Project EIR. The Updated 2009 Redevelopment Plan EIR determined that approval and constru ction of dwelling units and other development pursuant to that plan, including the proposed Sycamore Crossing and Hill Town developments, would have a significant and unavoidable impact on scenic vistas and scenic resources. A Statement of Overriding Consi derations was adop ted for this impact due to the benefits of the plan.
The Bayfront Projec t EIR found that buildout of this project would obscure existing views of San Pablo Bay and Refugio Creek from a number of vantage points on the project site. Mitiga tion Measure 4. -1 contained in the EIR requires that modifications be made in the site desi gn and roadway network to more effectively preserve bay views and vistas. With such modifications, potential impacts with respect to scenic vistas would be less-than-significant.
Transitional housing, supportive housing, and emergency shelters would likel y be small -scale in nature and could be located within existing structures with no impacts to scenic vistas.
Impacts of constructing future dwellings included in t he updated Housing Element have been analyzed in project specific CEQA documents, which are identified in the Earlier Analysis section of this Initial Study, and thus no new analysis is required. All mitigation measures contained in previous CEQA documents related to scenic vistas will continue to apply to future residential construction identified in the draft Housing Element so that this topic will be less-than-significant.
b) Less than Significant Impact . Although there are no state -designated scenic highways within the City of Hercules, there are locally design ated scenic routes as summariz ed in the Environmental Setting section. The Updated 2009 Redevelopment Plan EIR determined that approval and construction of dwelling units and other development pursuant to the upda ted redevelopment plan, including the proposed Sycamore Crossing and Hill Town developments, would have a significant and unavoidable impact on scenic vistas and scenic resources for which a Statement of Overriding Consideration was ado pted. No such signif icant and unavoidable impacts were identified in the Hercules New Town Center EIR.
Future site-specific housing development proposals submitted to the City as part of the New Town Center, Updated 2009 Redevelopment Plan , Bayfront III project, as well as the other planned development outlined in Section 2.8 and Table 4 , will b e required to comply with applicable EIR mitigation measures and other City regulations and policies to protect scenic resources. Therefore, these potential impact s for this project are considered to be less than significant at this programmatic level.
City of Hercules — 2023-2031 Housing Element Update 29 Negative Declaration July 2022
c) Less than Significant Impact . The Updated 2009 Redevelopment Plan EIR determined that approval and construction of dwelling units and other development pursuan t to the updated redevelopment plan, including the proposed Sycamore Crossing and Hill Town dev elopments, would result in a significant and unavoidable impact on the visual character of the Updated 2009 Redevelopment Plan project area by developing current ly vacant parcels of l and for which a Statement of Overriding Consideration was adopted . No similar significant and unavoidable impacts were identified in the Hercules New Town Center EIR.
Impacts of the proposed Bayfront project with respect to degradati on of the scenic chara cter of the waterfront site was analyzed in the EIR document and was foun d to be significant and unavoidable since the proposed development would change the existing visual character of the site of one of the last undeveloped waterfro nt open spaces in Herc ules. A Statement of Overriding Considerations was adopted for this impact due to the benefits of the plan.
Future site-specific housing development proposals submitted to the City, including those resulting from this project and outlined in Section 2.8 a nd Table 4, and similar future developments will be required to comply wi th applicable EIR mitigation measures and other City regulations and policies to protect scenic resources. A less-than-significant impact is anticipated with respect to this topic.
d) Less than Significant Impact . Previous CEQA documents prepared for var ious housing sites identified potentially significant impacts with respect to adding new sources of light and glare on housing sites associated with housing co nstruction. Adherence to the mitigation measures contained in the three previous certified EIRs a s noted above will assure that potential impacts from this project will be less than significant.
In addition, review of individual housing development projec ts as part of the City o f Hercules planning and environmental review process will ensure that spi llover of light and glare from individual housing sites is limited and that impacts of light and glare will be less-than-significant.
City of Hercules — 2023-2031 Housing Element Update 30 Negative Declaration July 2022
4.2 Agricultural and Forestry Resources
Would the project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
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 non -
agricultural 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 los s 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 conve rsion of
Farmland, to non -agricultural use or
conversion of forest land to non-forest use?
Environmental Setting
All of the housing sites identified in the Housing Element Update have urban-type General Plan land use designations and similar zoning. None of the sites are zon ed for agricultural uses, are being used for agricultural production , or have a Williamson Act Land Conservation Contract. In addition, t he 2008 Contra Costa County Important Farmland Map shows that the various housing sites included in the draft Housing Element are urban and built-up lands and are not considered as prime farmland.
Similarly, none of the housing sites contain significant stands of trees or forests.
Impacts and Mitigation Measures from Previous EIRs
The City contains no agricultural or for est resources and no previous EIRs identified any significant impacts or mitigation measures.
City of Hercules — 2023-2031 Housing Element Update 31 Negative Declaration July 2022
Project Impacts
a-c) No Impact. No impacts are anticipated with respect to conversion of prime agricultural soils to non- agricultural uses, or to conflict wi th agricultural zoning or a Williamson Act contract, since none of the identified housing sites contain any of these features.
d,e) No Impact . Approval of the proposed Housing Element Update would have no impact on forestland, since no forested lands exist on any of the housing opportunity sites.
City of Hercules — 2023-2031 Housing Element Update 32 Negative Declaration July 2022
4.3 Air Quality
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
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 n et
increase of any criteria pollutant for which
the project region is non-attainment under
an applicable federal or state ambient air
quality standard?
c) Expose sensitive recepto rs to substantial
pollutant concentrations?
d) Create objectionable odors affecting a
substantial number of people?
Environmental Setting
Air Pollution Climatology . The amount of a given pollutant in th e atmosphere is determined by the amount of pollutant released and the atmosphere’s ability to transport and dilute the pollutant. The major determinants o f transport and dilution are wind, atmospheric stability, terrain and, for photochemical pollutants, sunshine.
Hercules is located in western Contra Costa County just south of the Carquinez Strait and is within the nine-county San Francisco Bay Area Air Basin. Its location near San Pablo Bay and the Carquinez Strait has a major influence on the climate and air quality of the area.
The Carquinez Strait is the only sea -level gap between San Fr ancisco and the Central Valley. During the summer and fall months , high pressure offshore coupled with temperature -related low pressure in the Central Valley causes m arine air to flow eastward through the Strait. The wind is strongest in the afternoon. During the nighttime weaker down-slope drainage flows are common, particularly in winter.
The pollution potential of the planning area is relatively low compared to oth er portions of the Bay Area.
Ventilation is relatively good, and there is limited tran sport of pollutants from other upwind urban areas.
However, during pe riods of light or calm winds, which typically occur in the fall and winter months, the entire Bay Area air basin is subject to stagnation and poor air quality.
Ambient Air Quality Standards
Criteria Pollutants. The Environmental Protection Agency and the California Air Resources Board have established ambient air quality standards for common pollutants. These ambient air quality standards
City of Hercules — 2023-2031 Housing Element Update 33 Negative Declaration July 2022
are levels of contaminants which represent safe le vels that avoid specific adverse health effects associated with each pollutant. The ambient air quality standards cover what are called “criteria” pollutants because the health and other effects of each pollutant are described in criteria documents.
Table 5 identifies the major criteria pollutants, characteristics, health e ffects and typical sources. The federal and California state ambient air quality standards are summarized in Table 6.
The federal and state ambient standards were developed independently with differing purposes and methods, although both processes attempted to avoid health-related effects. As a result, the federal and state standards differ in some cases . In general, the California state standards are more stringent. This is particularly true for ozone and particulate matter (PM10 and PM2.5)
Toxic Air Contaminants. Toxic air contaminants (TACs) are a defined set of airborne pollutants that may pose a pre sent or potential hazard to human health. A wide range of sources, from industrial pla nts to motor vehicles, emit TACs. Like PM 2.5, TAC can be emitted dire ctly and can also be formed in the atmosphere through reactions among different pollutants.
The hea lth effects associated with TACs are quite diverse and generally are assessed locally, rather than regionally. TACs can cause long -term health effects (suc h as cancer, birth defects, neurological damage, asthma, bronchitis or genetic damage) or short -term acute affects, such as eye watering, respiratory irritation (coughing), running nose, throat pain, and headaches. For evaluation purposes, TACs are separat ed into carcinogens and non -carcinogens based on the nature of the physiological effects associated w ith exposure to the pollutant. Carcinogens are assumed to have no safe threshold below which health impacts would not occur, and cancer risk is expressed a s excess cancer cases per one million exposed individuals, typically over a lifetime of exposure. Non-carcinogenic substances differ in that there is generally assumed to be a safe level of exposure below which no negative health impact is believed to occu r. These levels are expressed as a hazard index (HI), which is the ratio of expected exposure levels to an acceptable reference exposure levels.
TACs are primarily regulated through Sta te and local risk management programs. These programs are designed to eliminate, avoid, or minimize the risk of adverse health effects from exposures to TACs. A chemical becomes a regulated TAC in California based on designation by the California Office of Environmental Health Hazard Assessment (OEHHA). As part of its juris diction under Air Toxics Hot Spots Program, OEHHA derives cancer potencies and reference exposure lev els (RELs) for individual air contaminants based on the current scientific knowledge t hat includes consideration of possible differential effects on the he alth of infants, children and other sensitive subpopulations, in accordance with the mandate of the Children’s Environmental Health Protection Act.
PM2.5 is a complex mixture of substanc es that includes elements such as : carbon and metals; compounds such as nitrates, organics, and sulfates; and complex mixtures such as diesel exhaust and wood smoke. PM2.5 can be emitted directly and can also be formed in the atmosphere through reactions among different pollutants.
Compelling evidence suggests that PM 2.5 is by far the most harmful air pollutant in the San Francisco Bay Area Air Basin in terms of the assoc iated impact on public health. A large body of scientific evidence indicates that both long-term and short -term exposure to PM 2.5 can cause a wide range of health effects, e.g., aggravating asthma and bronchitis, causing visits to the hospital for respirat ory and cardiovascular symptoms, and contributing to heart attacks and deaths.
City of Hercules — 2023-2031 Housing Element Update 34 Negative Declaration July 2022
Common stationary source types of TAC and PM 2.5 emissions include gasoline stations, dry cleaners, and diesel backup generators, which are subject to BAAQMD permit requirements . The other, often more significant, common source type is on -road motor vehicles on f reeways and roads such as trucks and cars, and off-road sources such as construction equipment, ships, and trains.
Ambient Air Quality. The BAAQMD maintains a network of monitoring sites in the Bay Area. The closest to the project site are located in San Pablo several miles southwest of the site and in Vallejo several miles northwest of the site. Table 7 summarizes violations of air quality standards at these monitoring sites for the period 2017-2019. Table 7 shows that the federal ambient air quality stan dards are met in the project area with the exception of PM 2.5 while State ambient standards are not yet met for ozone, PM10 and PM2.5.
Attainment Status and Regional Air Quality Plans. The federal Clean Air Act and the California Clean Air Act of 1988 re quire that the State Air Resources Board, based on air quality moni toring data, designate portions of the state where the federal or state ambient air quality standards a re not met as “nonattainment areas.” Because of the differences between the national a nd state standards, the designation of nonattainment areas is diffe rent under the federal and state legislation. The U. S.
Environmental Protection Agency has classified the San Francisco Bay Area as a non -attainment area for the federal 8-hour ozone standard. The Bay Area was designated as unclassifiable/attainment for the federal PM 10 and PM 2.5 standards. Under the California Clean Air Act, Contra Costa County is a non - attainment area for ozone and particulate matter (PM 10 and PM 2.5). The county is either attainment or unclassified for other pollutants.
City of Hercules — 2023-2031 Housing Element Update 35 Negative Declaration July 2022
Table 5. Major Criteria Pollutants
Pollutant
Characteristics
Health Effects
Major Sources
Ozone
A highly reactive photochemical pollutant
created by the action of sunshine on
ozone precursors (prim arily reactive
hydrocarbons and oxides of nitrogen).
Often called photochemical smog.
Eye irritation;
Respiratory function
impairment.
The major sources of ozone precur sors
are combustion sources such as
factories and automobiles, and
evaporation of solvents and fuels.
Carbon
Monoxide
Carbon monoxide is an odorless,
colorless gas that is highly toxic. It is
formed by the incomplete combustion of
fuels.
Impairment of oxygen
transport in the
bloodstream.
Aggravation of
cardiovascular disease.
Fatigue, headache,
confusion, dizziness.
Can be fatal in the case
of very hi gh
concentrations.
Automobile exhaust, combustion of
fuels, combustion of wood in
woodstoves and fireplaces.
Nitrogen
Dioxide
Reddish-brown gas that discolors the air,
formed during combustion.
Increased risk of acute
and chronic respiratory
disease.
Automobile and diesel truck exhaust,
industrial processes, fossil -fueled
power plants.
Sulfur
Dioxide
Sulfur dioxide is a colorless gas with a
pungent, irritating odor.
Aggravation of chronic
obstruction lung
disease.
Increased risk of acute
and chron ic respiratory
disease.
Diesel vehicle exhaust, oil -powered
power plants, industrial processes.
Particulate
Matter
Solid and liquid particles of dust, soot,
aerosols, and other matter w hich are
small enough to remain suspended in
the air for a long period of time.
Aggravation of chronic
disease and heart/lung
disease symptoms.
Combustion, automobiles, field
burning, factories, and unpaved roads.
Also a result of photochemical
processes.
Source: Donald Ballanti, 2009
City of Hercules — 2023-2031 Housing Element Update 36 Negative Declaration July 2022
Table 6. Federal and State Ambient Air Quality Standards
Pollutant
Averaging
Time
Federal
Primary
Standard
State
Standard
Ozone 1-Hour
8-Hour
--
0.075 PPM
0.09 PPM
0.07 PPM
Carbon Monoxide 8-Hour
1-Hour
9.0 PPM
35.0 PPM
9.0 PPM
20.0 PPM
Nitrogen Dioxide Annual Average
1-Hour
0.053 PPM
0.10 PPM
0.030 PPM
0.18 PPM
Sulfur Dioxide Annual Average
24-Hour
1-Hour
0.03 PPM
0.14 PPM
--
--
0.04 PPM
0.25 PPM
PM10 Annual Average
24-Hour
--
150 μg/m3
20 μg/m3
50 μg/m3
PM2.5 Annual
24-Hour
15 μg/m3
35 μg/m3
12 μg/m3
--
Lead
Calendar Quarter
30 Day Average
1.5 μg/m3
--
--
1.5 μg/m3
Sulfates
24 Hour -- 25 μg/m3
Hydrogen Sulfide
1-Hour -- 0.03 PPM
Vinyl Chloride
24-Hour -- 0.01 PPM
PPM = Parts per million
μg/m3 = Micrograms per cubic meter
Source: California Air Resources Board, Ambient Air Quality Standards http://www.arb.ca.gov/research/aaqs/aaqs2.pdf
Table 7. Summary of Air Quality Data for San Pablo and Vallejo
Pollutant
Standard
Monitoring
Site
Days Exceeding Standard in:
2017 2018 2019
Ozone
State 1-Hour San Pablo
Vallejo
3 1
0 0
1 0
Ozone Federal 8-Hour San Pablo
Vallejo
2 2
0 0
2 1
Ozone State 8-Hour San Pablo
Vallejo
2 2
0 0
2 1
Carbon
Monoxide
State/Federal 8-
Hour
San Pablo
Vallejo
0 0
0 0
0 0
Nitrogen Dioxide State 1-Hour San Pablo
Vallejo
0 0
0 0
0 0
PM10
Federal 24-Hour San Pablo
Vallejo
0 ND
1 ND
0 ND
PM10 State 24-Hour
San Pablo
Vallejo
4 ND
2 ND
0 ND
PM2.5 Federal 24- Hour San Pablo
Vallejo
9 9
14 13
1 0
Source: Air Resources Board, Aerometric Data Analysis and Management (ADAM), BAAQMD Data Sheets, 2017-2019. (http: //www.arb.ca.gov./adam/select8/sc8start.php ND = No Data
City of Hercules — 2023-2031 Housing Element Update 37 Negative Declaration July 2022
Sensitive Receptors . The Bay Area Air Qua lity Management District defines sensitive receptors as facilities where sensitive receptor population groups (children, the elderly, the acutely ill , and the chronically ill) are likely to be located. These land uses include residences, schools, playgroun ds, childcare centers, retirement homes, convalescent homes, hospitals, and medical clinics.
Impacts and Mitigation Measures from Previous EIRs
Impacts and mitigation measures included in previously certified CEQA documents are listed below:
General Plan EIR. The GP EIR identified the following two significant air quality-related impacts:
Impact Air-3: Projected development under the proposed Land Use and Circulation Elements Update would generate criteria pollutants that would increase total air pollutant emissions in the region.
Impact Air-5: The Land Use Element U pdate would result in increases in population and employment beyond ABAG projections and, therefore, wo uld not be consistent or in conformance with the 1991 Clean Air Plan.
Mitigation Mea sure Air -3a: The City could prepare an Air Quality Element of its G eneral Plan. The BAAQMD recommends that an Air Quality Element be developed for cities subject to rapid growth and change. An Air Quality Element can be used in the preparation of subsequen t specific area plans, EIRs, and for the achievement of ambient air quality standards. The BAAQMD’s philosophy is that air quality concerns should be an early input into the planning process. The purpose of the Air Quality Element would be to:
(1) Contain the air quality goals of the City, based on background conditions including the local and regional meteorological influences on air quality, emissions inventory data, an d existing City sources of criteria, odorous, and toxic air pollutants.
(2) Provide Ci ty-approved miti gation measures for mobile sources, stationary sour ces, and a commitment to implementation of these measures in specific projects that are subsequently proposed. (3) Serve as a land use planning tool by identifying sensitive receptors in the City. (4) Encourage mixed-use development that could minimize vehicle use.
Mitigation Measure Air -3b: Coordinate with the BAAQMD in planning future growth, implementin g regional transportation plans and trip reduction measures, and controlling stationar y source emissions.
Incorporate the recommendations of the BAAQMD i n General Plan policies and directing for regional growth and development.
In addition, The GP EIR id entified the following potentially significant air quality -related impacts and three mitigation measures that would reduce impacts to less than significant levels:
Impact Air-1: Fugitive dust generated by construction and demolition activities under the L and Use and Circulation Elements Update would add to ambient PM10 levels.
Mitigation M easure Air -1a: The elements of the dust abatement program include t he following dust control measures:
City of Hercules — 2023-2031 Housing Element Update 38 Negative Declaration July 2022
• Sprinkle all construction areas with water (recycled when possible) at least twice a day, during excavation and other ground -preparing operations, to red uce fugitive dust emissions. Wetting could reduce particulate (dust) emissions by up to 50 percent. • Cover stockpiles of sand, soil, and similar materials, or surround the m with windbreaks. This measure would substantially reduce wind erosion of stockpiled materials during demolition, and construction, reducing the potenti al for the project to contribute to excessive suspended particulate (dust) concentrations when the wind exceeds 10 miles per hour. • Cover trucks hauling dirt and debris to reduce spillage onto paved surfaces. • Post signs that limit vehicle speeds on unpaved roads and over disturbed soils to 10 miles per hour during construction.
• Use canvas drapes to enclose b uilding floors during application of mineral -based fiber insulation to structural steel frames.
• Sweep up dirt and debris spilled onto paved surfaces imme diately to reduce resuspension of particulate matter through vehicle movement over those surfaces. • Require the construction contractor to designate a person or persons to oversee the implem entation of a comprehensive dust control program and to increase watering, as necessary.
Impact Air-2: Exhaust emissions from construction equipment would increase the cr iteria air pollutant emissions during the construction periods for individual projects under the proposed Land Use and Circulation Elements Update.
Mitigation Measure Air -2a: Require construction contractors to maintain and operate construction equipment so as to minimize exhaust emissions. All internal combustion engines should be kept wel l- tuned with regular and periodic inspection and maintenance checks to minimize exhaust emissions.
During construction, trucks and equipment should be running only when necessary.
Mitigation Measure Air -2b: Require that construction of large projects be ti med to avoid significant periods of overlap.
Impact Air-4: CO generated by vehicular traffic generated as a result of the Land Use and Circulation Elements Update would i ncrease roadside CO concentrations along heavily traveled roadways and at congested intersections.
Mitigation Measures Air-3a and -3b above.
Finally, impacts to Air Quality (Impact Air-6) were found to be Less Than Significant and no mitigation measures were proposed.
Hercules New Town Center EIR . The New Town Center identified several pot entially significant air quality impacts and mitigation measures, as follows:
• There would be short -term air quality impacts associated with site preparation and constr uction associated with future development. Mitigation Measures AQ1 and AQ2 require a number of specific measures to minimize fugitive dust emissions. Mi tigation Measure AQ3 requires future contractors to adhere to Bay Area Air Quality Management District s tandards with respect to use and application of exterior coatings and paints. Taken t ogether, conformance with the three measures reduces this impact to a less than significant level.
City of Hercules — 2023-2031 Housing Element Update 39 Negative Declaration July 2022
• Operation of project improvements would result in air quality emissio ns, including emissions from both stationary and mobile sources. Although Mitigation Measure AQ4 would partially reduce this impact, long-term operational impacts would remain significant and unavoidable. Mitigation Measure AQ4 requires future individual d evelopment projects to incorporate features to reduce operational emissions, such as solar or low-emission water heaters, use of EnergyStar appliances a nd low-flow appliances. A Statement of Overriding Considerations was adopted for this impact due to the benefits of the plan.
• Cumulative build -out of the proposed New Town Center would c onflict with the local air quality management plan. This was determ ined to be a significant and unavoidable impact. A Statement of Overriding Considerations was adopted for this impact due to the benefits of the plan.
• Regional air emissions resulting fr om operation of the proposed project could impact regional air quality on a cumulative basis. Adherence to Mitigation Measure AQ4 partially but not fully mitigated this impact, but not to a less -than-significant level, so that this impact would remain sign ificant and unavoidable. A Statement of Overriding Considerations w as adopted for this impact due to the benefits of the plan.
Updated 2009 Redevelopment Plan EIR . This E IR identified several potentially significant air quality impacts and mitigation measures, as follows:
• Impact AQ-1 identified an impact with respect to a conflict with and an obstruction to implementing the local air quality plan since there would be a population increase with the proposed project that was not reflected in the local ai r quality plan. Mitigation Measure AQ -1 required the City to provid e updated population projections to the Bay Area Air Quality Management District to be included in future regional projections; however this impact would remain significant and unavoidable. A Statement of Overriding Considerations was adopted for this impact due to the benefits of the plan.
• Impact AQ-2 noted that demolition or construction activities faci litated by the proposed project could generate construction-related exhaust emissions and fugitive dust that would affect local air quality.
Adherence t o Mitigation Measure AQ -2 reduces this impact to a less -than-significant level by requiring adherence to BAAQMD dust and construction emissions requirements.
• Impact AQ-3 noted that demolition or construction activities facilitated by the proposed projec t could generate construction-related exhaust emissions and fugitive dust that would affect local air qu ality.
Adherence to Mitigation Measure AQ -2 reduces this impact to a less -than-significant level by requiring adherence to BAAQMD dust and construction emissions requirements.
• Impact AQ-5 found that development facilitated by the 2009 Redevelopment Plan would result in the emission of new air pollutants into the air basin. These emissio ns would exceed the standards of significance for regional pollutan ts. Mitigation Measures 5a and 5b requires future individual developers to adhere to BAAQMD measures to reduce vehicle and stationary emissions; however, even with implementation of these m easures Impact AQ -5 would remain significant and unavoidable. A Sta tement of Overriding Considerations was adopted for this impact due to the benefits of the plan.
City of Hercules — 2023-2031 Housing Element Update 40 Negative Declaration July 2022
• Impact AQ-8 found that emissions of PM 10 would result in a cumulatively considerable incr ease into the environment, which would increase pollutants into a n on-attainment area. Although Mitigation Measures AQ-5 would partially reduce cumulative emissions, this impact would remain significant and unavoidable. A Statement of Overriding Considerat ions was adopted for this impact due to the benefits of the plan.
Bayfront Project EIR . The following potentially significant air quality impacts and mitigation measures were identified in this EIR, as follows:
• Impact 5 -1 identified construction -related air quality impacts from construction equipment exhaust and from fugitive dust generated by grading activities. Mitigation Measure 5-1 will reduce this impact to a less-than-significant level by requiring adherence to BAAQMD methods for construction -related impacts.
• Impact 5-2 identified long -term regional emissi on impacts from project build -out that would exceed standards for reactive organic gases and oxides of nit rogen. Even with adherence to Mitigation Measure 5 -1 that requires implementation of a transportation management plan, use of energy efficient facilities and other requirements, this impact was found to be significant and unavoidable. A Statement of Overriding Considerations was adopted for this impact due to the benefits of the plan.
Project Impacts
a) No Impact . Residential dwellings identified in the Housing Element Update, including the current RHNA allocation , are included within the Hercules Gener al Plan and current land use buildout projections prepared by the Association of Bay Area Governments (ABAG), which are used as the basis for air quality emissions forecasting in the BAAQMD’s 2017 Bay Area Clean Air Plan.
The 2009 Updated Redevelopment Plan EIR found that residential development associated with the project would have a significant and unavoidable impact with respect to a conflict w ith the BAAQMD regional air quality plan and a Statement of Overriding Considerations was approved by the Ci ty of Hercules when certifying this EIR. The Bayfront EIR did not identify any confli cts with the Clean Air Plan for this project.
No significant impacts would result with respect to conflicts to or obstructions of the 2017 Bay Area Clean Air Plan if the HEU is adopted by the City of Hercules.
b) Less than Significant Impact . Previous E IRs that include housing opportunity sites identified significant and unavoidable impacts with respect to air quality violations for which a Statement of Overriding Consid eration was adopted . In certifying the Updated 2009 Redevelopment Plan EIR, the Bayfront Project EIR, and the New Town Center EIR, Statements of O verriding Considerations were adopted for project and cumulative air quality emissions. Impacts of constructin g future dwellings included in the draft Housing Element have been analyzed in previo us CEQA documents identified in the Earlier Analysis section of this Initial Study , and no new analysis is required. All air quality Mitigation Measures contained in previ ous CEQA documents will continue to apply to future residential construction occurrin g in each of the identified housing sites so that these poten tial impacts would be less -than-significant. A Statement of Overriding Considerations was adopted for this impact due to the benefits of the plan. In addition, new housing projects under the HEU would
City of Hercules — 2023-2031 Housing Element Update 41 Negative Declaration July 2022
be required to document their future air pollutant emis sions and recommend mitigation if emission levels exceed BAAQMD thresholds. Therefore, at a programmatic level the HEU will have le ss than significant impacts relative to cumulatively considerable increases in air pollutants.
c) Less than Significant Impact. New dwelling units facilitated by the draft Housing Element could be occupied by sensitive receptor popul ations (senior citizens, chronically ill individuals, etc.). Future individual housin g projects located near sources of major pollutants (such a s freeways, arterial roadways, and similar generators) will be reviewed to ensure that: a) the location of housi ng on individual sites will minimize air quality impacts to sensitive receptors, and b) appropriate on -site pollutants control features, such as air conditioning systems, will be included with such housing developments. This review will take place as part of the normal and customary City of Hercules planning and environmental review process, including but not limited to conditional use permits and Planned Development Plans. Therefore, at a programmatic level the HEU will have less than significant impacts relative to sensitive receptors.
d) No Impact. The project would not result in new land uses that would emit objectionable odors, since the project involves future residential development. No impacts are therefore anticipated.
City of Hercules — 2023-2031 Housing Element Update 42 Negative Declaration July 2022
4.4 Biological Resources
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
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, po licies, or
regulations, or by the California
Department o f Fish and Game or
U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on
any riparian habitat or other sen sitive
natural community identified in local
or regional plans, policies,
regulations, or by the California
Department of Fish and Game or US
Fish and Wildlife Service?
c) Have a su bstantial adverse effect on
federally protected wetlands as
defined by Section 404 of the Clean
Water Act (including, but not limited
to, marsh, vernal pool, coastal, etc. )
through direct removal, filling,
hydrological interruption, or other
means?
d) Interfere substantially with the
movement of any native resident or
migratory fish or wildlife speci es 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 protect ing biological
resources, such as a tree
preservation policy or ordinance?
City of Hercules — 2023-2031 Housing Element Update 43 Negative Declaration July 2022
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?
Environmental Setting
Biological communities. Housing opportunity sites identified in the Housing El ement Update contain a variety of biological communities, including but not limited t o non -native grasslands, disturbed scrublands, intermittent stream/riparian, and wetlands.
Special Status Plants and Wildlife Species . The Updated 2009 Redevelopment Pla n, Bayfront Project, and New Town Center EIRs identify a number of potentially occurr ing special-status plant and wildlife species listed by state and/or federal agencies that could occur on a number of identified housing sites.
These include:
• Bent-flowered fiddleneck
• Fragrant fritillary
• Diablo helianthella
• Contra Costa goldfields
• San Joaquin spearscale
• Congdon’s Tarplant
* Mt. Diablo fairy-lantern
• Santa Cruz tarplant
• Delta tule pea
• Mason’s lilaepsis
• Rayless ragwort
Special-Status wildlife and birds
• Monarch butterfly
• Great blue heron
• White-tailed kite
• Northern harrier
• Long-billed curlew
• Loggerhead shrike
• Salt marsh common yellowthroat
• Pallid bat
• California red-legged frog
Seasonal wetlands. A number of seasonal and f reshwater marsh habitat areas have been documented to exist on a number of potential housing sites.
Regulatory Framework
Federal Species Protection. The federal Endangered Species Act (FESA) protects listed species from harm or “take,” which is broadly de fined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct. Take can als o include habitat modification or
City of Hercules — 2023-2031 Housing Element Update 44 Negative Declaration July 2022
degradation that results in death or injury to a listed species. An activity can be defined as a “take” even if it is unintentional or accidental. Listed plant species a re provided less protection than listed wildlife species. Listed plant species are legally protected from take under FESA, if they occur on federal lands or if the project requires a federal action, such as a wetland fill permit.
Migratory Bird Treaty Act . In addition to FESA, the federal Migratory Bird Tre aty Act (16 U.S.C., Sec. 703, Supp. I, 1989) prohibits killing, possessing, or trading in migratory birds except in ac cordance with regulations prescribed by the Secretary of the Interior. This act encompasses whole birds, parts of birds, and bird nests and eggs. Most native bird species on the project site are covered by this act.
California Endangered Species Act . The California Endangered Species Act (CESA) prohibits the take of any plant or animal li sted or proposed for listing as rare (plants only), t hreatened, or endangered. In accordance with the CESA, California Department of Fish and Wildlife (CDFW) has jurisdict ion over state-listed species (California Fish and Game Code 2070).
California Species of Special Concern . Additionally, the CDF W maintains lists of “species of special concern” that are defined as species that appear to be vulnerable to extinction becaus e of declining populations, limited ranges, and/or continuing threats. Pursuant to the requirements of CESA, a state agency reviewing a pr oposed project within its jurisdiction must determine whether any state -listed or proposed endangered or threatened sp ecies may be present in the project area and determine whether the proposed project will have a potentially significant impact on such species.
Clean Water Act. Under Section 404 of the federal Clean Water Act, the U.S. Army Corps of Engineers (Corps) is responsible for regulating the discharge of fill material into waters of the Un ited States (U.S.).
Waters of the U.S. and their lateral li mits are defined in 33 CFR Part 328.3 (a) and include streams that are tributary to navigable waters and their adjacen t wetlands. Wetlands that are not adjacent to waters of the U.S. are termed “is olated wetlands” and, depending on the circumstances, may n ot be subject to Corps jurisdiction.
California Water Quality and Related Programs. Pursuant to Section 401 of the fe deral Clean Water Act and the state’s Porter -Cologne Act, projects that are reg ulated by the Corps must obtain water quality certification from the Regional Water Quality Control Board (RWQCB). This certification ensures that the project will uphold state water quality standards. The RWQCB may impose mitigation requirements even if the Corps does not.
The CDFW also exerts jurisdiction over the bed and banks of watercourses and waterbodies according to provisions of Sections 1601 to 1603 of the Fish and Gam e Code. The Fish and Game Code requires a Streambed Alteration Permit for the fill or removal of material within the bed and banks of a watercourse or body of water.
California Native Plant Society List. The California Native Plant Society (CNPS), a non -governmental conservation organization, has developed lists of special -status plant species of concern in California.
Vascular plants included on these lists are defined as follows:
List 1A Plants considered extinct.
List 1B Plants rare, threatened, or endangered in California and elsewhere.
List 2 Plants rare, threatened, or endangered in California but more common elsewhere.
City of Hercules — 2023-2031 Housing Element Update 45 Negative Declaration July 2022
List 3 Plants about which more information is needed - review list.
List 4 Plants of limited distribution - watch list.
Although the CNPS is not a governmental regulatory agency and plants on these lists have no formal regulatory protection, plants appearing on List 1B or List 2 are, in general, considered to meet CEQA’s Section 15380 criteria and adverse effects to these species are considered “significant.”
Hercules General Plan . The Open Space and Conservat ion Element of the Hercules General Plan contains several policies with respect to the protection of biological resources:
The City shall require project proponents to design co nstruction footprints to avoid wetlands and provide buffer zones around wetlands. If avoidance is not possible, projects shall be redesign ed so as to impact the least amount of wetlands. Any areas that are classified as wetlands and will be affected by wet lands shall be re -created either on or off site in accordance with the Califor nia Department of Fish & Wildlife and Corps of Engineers (Policy 2a).
Design of building footprints along any riparian corridor shall be outside the Department of Fish & Game (Wildlife) and Corps of Engineers pre -approved buffer zone. Sensitive ripari an habitats shall be marked by a qualified biologist to deter any destruction by equipment during construction (Policy 3a).
Protect riparian and wetland habitat communities from de gradation through introduction of urban pollutants in stormwater runoff (Policy 4a).
The City shall review development proposals for cons istency with minimizing impacts to salt marsh zones. Buildings shall be located on existing developed or graded areas, where practicable (Policy 5a).
The City shall continue to utilize envir onmental review under CEQA to review development projects that are not exempt from the CEQA Guidelines for impacts on sensitive species and their habitats ( Policy 6a).
The City sha ll require that development within the General Plan area incorporate featu res to preserve habitat for sensitive species (Policy 6b).
As much open space as possible within sites proposed for development shall be retained as informal open space for wildlife habitat, rather than as formal, landscaped parks or grounds. The City sha ll require that native plants from the local area be used in lan dscaping and in areas with a lower water table, native drought tolerant species shall be used in landscaping (Policy 6c).
Impacts and Mitigation Measures from Previous EIRs
Impacts and mitigation measures included in previously certified CEQA documents that are listed below.
General Plan EIR. The GP EIR identified the following potentially significant biological resour ce-related impact and four mitigation measures that would reduce impacts to less than significant levels:
Impact Biology-1: Introduction of invasive non-native species used in landscaping would be detrimental to the native habitats within the Hercules General Plan Update project area.
City of Hercules — 2023-2031 Housing Element Update 46 Negative Declaration July 2022
Mitigation Measure Biology-1a: The City shall require that native plants from the local area be used in landscaping, and in areas with a lower water table, native drought tolerant species shall be used in landscaping.
Impact Biology -2: Seasonal freshwater wetlands would be directly affected (lo st or damaged) by development within the Land Use Element Update study area.
Mitigation Measure Biology -2a: The City shall require project proponents to design construction footprints to avoid any wetlands and CDFG - and/or COE-approved buffer zones around the wetlands in the project area. If avoidance is not possible, projects shall be redesigned so as to impact the least amount of wetlands. Any areas that are classified as wetlands and would be affected by project development shall be recreated either on or off site in accordance with CDFG and COE.
Mitigation Measure Biology-2b: Prior to construction in areas of wetlands, the City shall support CDFG and Corps permitting processes. A project sponsor shall be required to obtain a Streambed Alteration Agreement from CDFG and/or a Section 404 Corps permit prior to any development within a wetland.
Mitigation Measure Biology -2c: If flood control improvements are required along Refugio C reek the City shall work with the Corps t create the flood control area wi de enough to provide for establishment within the flood control area of native vegetation to provide for wildlife habitat. The city shall allow a transition area between proposed lan d uses and this natural community, as described in Program 13B of the proposed Land Use Element.
Impact Biology-3: Development of Parcel A would directly encroach upon the Refugio Creek riparian corridor.
Mitigation Measure Biology-3a: Prior to construction in areas of riparian corridors or wetlands, the City shall support CD FG and Corps permitting processes. A Streambed Alteration Agreem ent from CDFG and/or a Section 404 Corps permit shall be obtained by the project applicant prior to any new development within any creek or discharge or fill into any creek.
Mitigation Measur e Biology -3b: Design of building footprints along any riparian c orridors shall be outside of CDFG- and/or Corps-preapproved buffer zone. Sensitive riparian habitats shall be marked b y a qualified biologist to deter any destruction by equipment during construction.
Mitigation Measure Biology -3c: Development along any r iparian corridor shall incorporate measures to avoid impacts during construction, including:
i) Construction of any access bridge shall be limited to the bridge footprint area only. ii) Parking of l arge equipment shall be on the upland grassland area or on the p aved street.
Construction workers cars shall have designated parking areas. iii) Basins for oil leaks from the equipment shall be installed if equipment is parked onsite overnight.
Impact Biology -4: The proximity of development to riparian and wetland communit ies could cause degradation of these communities through introduction of urban pollutants in stormwater runoff.
City of Hercules — 2023-2031 Housing Element Update 47 Negative Declaration July 2022
Mitigation Measure Biology-4a: The City shall require project proponents to des ign facilities to prevent degradation of riparian and wetland communities from urban pollutants in storm runoff.
Mitigation Measure Biology -4b: To minimize pollution downstream from sedimentation, the City shall require installation of sedimentation and g rease basins in the storm drain system in parking lots in accordance with NPDES regulations and shall require that property owners maintain the basins annually, or as required by NPD ES regulations. Parking lots shall be swept periodically to decrease the amount of debris that could potentially contaminate the riparian or wetland habitat.
Impact Biology-5: Development on Parcels 1 and 2 under the updated Land Use Element could result in the disturbance of salt marsh zones along San Pablo Bay due to the proximity of urbanization.
Mitigation Measures Biology -5a: The city shall review development proposals for consistency with minimizing impacts to salt marsh zones. The City shall incorp orate the following policies and programs for development near San Pablo Bay:
• Buildings shall be located on existing developed or graded pads, where practicable. • The City shall work with CDFG, BCDC, East Bay Regional Park District, and the Corps to determi ne appropriate buffer zones along the Bay to protect tidal habitat when de signing a bay access trail linkage between Pinole and Rodeo. Pub lic access and pedestrian pathways shall be limited within the buffer zone, and when possible, located along the edges of the buffer zone. Bicycles shall be encouraged to stay on bike paths through the use of signage and fencing. • The City shall require dev elopers to provide signage and fencing to enforce leash laws around remaining areas of sensitive habitats such as salt marsh wetlands and mud flats.
Impact Biology -6: Habitat for several spec ial status plant and animal species would be affected by construction within development areas of the study area.
Mitigation Measure Biology-6a: For projects not exempt from the California Environmental Quality Act, the City shall continue to utilize envi ronmental review under CEQA to review development for impacts on sensitive species and their habitat.
Mitigation Measure Biology-6b: The City shall require that development within t he General Plan area incorporate features to preserve foraging habitat for wildlife.
Mitigation Measure Biology -6c: Areas that could prov ide habitat for sensitive species shall be surveyed by qualified biologists provided by project sponsors prior to project design. Surveys in sensitive areas would have to be conducted prior to any development. Sensitive areas within the study area include eucalyptus groves, freshwater wetlands and adjacent trees, open grasslands, ponds and creeks, and buildings which are abandoned or slated for destruction. If any species is present, coordinati on with the CDFG will be required for mitigation of impacts and redesigning of the project footprint to avoid any sensitive species or sensitive habitat. I f avoidance is unavailable , coordination with the CDFG will be required for relocation of these species and for determining replacement of habitat. i) If monarch butterfly is present, eucalyptus groves within the development should be retained during the winter roosting season. Remov al of eucalyptus trees, if undertaken, should occur from August through October, before the butterfly’s winter roosting season and after raptor nesting.
City of Hercules — 2023-2031 Housing Element Update 48 Negative Declaration July 2022
ii) Surveys for Ricksecker’s water scavenger beetle, reg -legged frog, and northwestern and southwestern pon d turtle should be conducted by a qualified biologist in all ponds prior t o development.
iii) If surveys find nesting black -shouldered kite, lo ggerhead shrike, or saltmarsh yellowthroat are present in trees along the freshwater marsh or in grasslands, respectiv ely, suitable replacement foraging habitat should be evaluated for nesting availability. Construction should be timed to occur after the f ledging seasons of the kite (June through August), the shrike (March through August), and the saltmarsh yellowthroat ( April to mid -July), before the pairing season in February.
iv) Surveys for Pac ific western big-eared bat shall be conducted during the spring and winter seasons to determine if nursery colonies or winter colonies occur in the building. If individuals are found within the building during springtime, destruction of the building shall commence in August when the young have left with the females. If a winter roost occurs in the building, blockage by a qualified pest control operator shall be conducted prior to destruction of the building.
The City shall condition approval of individual development proposals on implementation of the following programs:
Mitigation Measure Biology -6d: As much open space as possible within sites proposed for development shall be retain ed as informal open space for wildlife habitat, rather than as formal, landscaped parks or grounds. Wildlife areas shall be revegetated wi th native or non -native grassland and native species of shrubs requiring no irrigation and little management beyond th e first year after planting.
Mitigation Measure Biology-6e: Wildlife habitat shall be consolidated into “preserves” that are as large as possible.
Mitigation Measure Biology -6f: Habitats on adjoining parcels shall be as contiguous as possible to create wildlife corridors.
Mitigation Measure Biology-6g: Wildlife open space shall be placed adjacent to other wildlife habitat to preserve the greatest ecological value.
Mitigation Measure Biology -6h: Public access to wildlife habitat shall be minimized by placing trails close to buildings so as to provide the largest area of habitat po ssible with the least amount of impact from the public.
Impact Biology-7: Loss of open space within the Hercules City Limits would have a cumulative adverse impact on wildlife.
Mitigation Measure Biology -7a: Open space areas shall be designed into the foot print of proposed projects and shall be located adjacent to exis ting open space areas, providing a larger contiguous area for wildlife to use.
Mitigation Measure Biology -7b: Open spa ce areas, if disturbed during construction, shall be landscaped with native species.
Mitigation Measure Biology -7c: Trails, if any, shall be placed close to buildings so as not to disturb wildlife nesting/denning areas.
Hercules New Town Center EIR . The New Town Center identified several potentially significant biological resource impacts and mitigation measures, as follows:
City of Hercules — 2023-2031 Housing Element Update 49 Negative Declaration July 2022
• Future development consistent with the New Town Center plan could have a substantial effect, either directly or indirectly throug h habitat modification on candidate, special -status, and/or sensitive species, including state and federally listed species. The EIR inc ludes five measures that reduced this impact to a less -than-significant level, including conducting pre -construction surveys for California red -legged frog species and implementation of appropri ate mitigation if such species are found (BIO1), limiting mass grading between April 1 to October 31 to avoid impacts to dispersing frogs during the rainy season (BIO2), constructing an exclusion fence to protect aquatic habitat and any construction area a long with one -way openings out of construction areas (BIO3), a dherence with C.3 water quality standards (BIO4), and conducting pre-construction surveys for nesting birds and bats if construction would occur during respective breeding seasons (BIO5).
• Development of the New Town Center project could have a substanti al adverse impact on state and federally protected wetlands, riparian areas, and associated policies and regulations protecting such wetland resources. Adherence to Mitigation Measure BIO6 requi res 1:1 replacement ratio for lost or filled wetlands, as well as a mitigation plan if replacement wetlands are to be created. This mitigation also requires performance criteria for replacement wetlands and a monitoring and maintenance plan. BIO7 requires planting of replacement vegetation at a 2:1 ratio within the p lanning area or at a 3:1 ratio if off -site. A Mitigation Plan is also required to be developed for replacement plantings . With adherence to these measures, impacts to wetlands and riparian areas were found to be less-than-significant.
Updated 2009 Redevelopment Plan EIR. This EIR identified several potentially significant air quality impacts and mitigation measures, as follows:
• Impact BIO -1 identified potential impacts with respect to sensi tive habitats and natural communities, including riparian ha bitats, intermittent drainages and freshwater emergency wetlands. Adherence to Mitigation Measures BIO -1a through 1d reduc es this impact to a less - than-significant level. These measures require co ntact with the US Army Corps of Engineers to obtain a jurisd ictional wetland determination (Mitigation Measure BIO -1a), contacting the California Department of Fish & Game (Wildlife) to determine wetlands under state jurisdiction and determine an appropria te setback from identified wetland areas (Mitigation Measure BIO- 1b), securing approval from the appropriate regulatory agency for any encroachments into wetland buffer areas (Mitiga tion Measure BIO -1c), and ensuring that any project fencing complies with state and federal biological regulatory agency requirements (Mitigation Measure BIO-1d).
• Impact BIO -2 noted a potentially significant impact with respect to candidate, sensitive a nd other special-status species, as identified on plans and policies adopt ed by various regulatory agencies. Adherence to Mitigation M easures BIO-2a through 2c reduces this impact to a less - than-significant level. These measures require focused surveys for special-status plants if grading is to occur between April and May (Mitig ation Measure BIO -2a), conducting focused surveys for monarc h butterflies, salt marsh common yellowthroat, and raptor species in the project area (Mitigation Measure BIO -2b), and pre paring landscape plans for manufactured slope areas that include any regio n-specific plants and designed to encourage habitat value (Mitigation Measure BIO-3c).
City of Hercules — 2023-2031 Housing Element Update 50 Negative Declaration July 2022
• Impact BIO -3 identified an impact with respect to an inconsistency between the project plans and General Plan policies and the City’s tree preservation ordinance. Adh erence to Mitigation Measures BIO-3, requiring conformance w ith the City’s Tree Ordinance, will reduce this impact to a less-than-significant level.
• Impact BIO -4 identified a cum ulative impact on biological resources. Adherence to Mitigation Measures BIO-1 through BIO-3 will reduce this impact to a less-than-significant level.
Bayfront Project EIR. This EIR identified several potentially significant air quality impacts and miti gation measures, as follows:
• Impact 6-1 found an impact with respect to special-status bird species, including destruction of nests adjacent to Refugio Creek and loss of habitat for a number of special -status bird species. Adherence to Mitigation Measu re 6 -1 will reduce this impact to a less -than- significant level by limitin g construction periods to prohibit construction periods or providing adequate buffer areas adjacent to inhabited nests.
• Impact 6-2 identified an impact with respect to inadverten t “take” of special -status mammal species during construction, including t he salt marsh wandering shrew and the San Pablo vole. Adherence to Mitigation Measure 6 -2 will reduce this impact to a less -than-significant level by conducting pre -construction surv eys and relocating any species to a suitable alternative habitat prior to construction.
• Impact 6 -3 found an impact with the possi bility of inadvertent take of vernal fairy shrimp.
Adherence to Mitigation Measure 6 -3 reduces this impact to a less -than-significant level by requiring pre -construction surveys for vernal fairy shr imp and, if found, implementing avoidance or other measures to protect this species per USFWS requirements.
• Impact 6 -4 found an impact with the possibility of inadvertent take o f steelhead, western pond turtle, or California red -legged frog. Adherence to Mitigation Measure 6 -4 will reduce this impact to a le ss-than-significant level by requiring pre -construction surveys for these species, and if found, implementing avoidance or other measures to protect this species per USFWS requirements.
• Impact 6-5 found an impact with the possibility of loss of roostin g habitat for special -status bats. Adherence to Mitigation Measure 6 -3 reduced this impact to a less -than-significant level by requiring pre -construction surveys for roosting bats and, if found, imp lementing a minimum 200-foot wide buffer adjacent to bat roosts until the roosts are vacated.
• Impact 6-6 found an impact with the potential loss of sensitive marsh habitat commun ities including two federally and state list special -status species. Adher ence to Mitigation Measure 6-6 reduces this impact to a less-than-significant level.
• Impact 6-7 identified an impact with respect to loss or modification of jurisdiction wetlands or other waters as a result of project construction. Adherence to Mitigat ion Measure 6 -7 reduced this impact to a less -than-significant level by requiring avoidance of wetland areas
City of Hercules — 2023-2031 Housing Element Update 51 Negative Declaration July 2022
or, if avoidance is not feasible, providing suitable replacement wetlands in project open space areas.
• Impact 6-8 noted that project landscapin g could include invasive plant species. Adherence to Mitig ation Measure 6 -8 reduced this impact to a less -than-significant level by implementing specific methods to minimize inadvert ent spread of non -native, invasive plant material.
Project Impacts
a) Less than Significant Impact . Future housing projects th at could be constructed in the City of Hercules pursuant to the HEU are subject to policies contained in the Open Space and Conservation Element of the General Plan. This Element contains policies to protect stream corridors, wetlands and riparian vegetation, wildlife habitat and sensitive plant and wildlife species.
Developers of future housing projects on sites identified in t he HEU are also required to comply with the Mitigation Measures contained in the 2009 Updated Redevelopment Plan EIR, the Bayfront Project EIR , and the Hercules New Town Center EIR, as applicable to each respective site , to minimize impacts to candidate, s ensitive, and other special-status species. Therefore, any potential impacts to candidate and special-status species would be less-than-significant.
b, c) Less than Significant Impact . Future development on a number of the identified housing sites could result in fill of a limited amount of wetlands and loss of some riparian h abitat. Adherence to wetland and riparian protection mitigation measures contained in the Updated 2009 Redevelopment Plan EIR, the Bayfront Project EIR, and the New Town Center EIR, as well as wetland protection policies contained in the Open Space and Con servation Element of the Hercules General Plan will ensure that impacts to wetlands and riparian resources from future development under the HEU will be less-than-significant.
d) Less than Significant Impact . Adherence to adopted Mitigation Measures iden tified for applicable certified EIRs in the Environm ental Setting section and resource protection goals contained in the Open Space and Conservation Element of the General Plan will reduce any potential project impacts related to movement of fish or wildli fe species from future development under the HEU to less-than-significant levels.
e, f) No Impact. No Habitat Conservation Plans or Natural Community Conservation Plans have been established in the City of Hercules. Future development that could be facil itated by the proposed Project is required to comp ly with all City ordinances and requirements protecting biological resources, including impacts to heritage trees. No impacts would therefore result. None of the identified housing sites are located within the boundaries of any Habitat Conservation Plan or Natural Community Conservation Plan area and no impacts are anticipated.
City of Hercules — 2023-2031 Housing Element Update 52 Negative Declaration July 2022
4.5 Cultural Resources
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Cause a subs tantial adverse change
in the significance of a historical
resource as defined in
Section15064.5?
b) Cause a substantial adverse change
in the significance of an
archaeological re source pursuant to
Section 15064.5?
c) Disturb an y human remains,
including those interred outside of
formal cemeteries?
Environmental Setting
Prehistoric Resources . Based on background information contained in the Hercules Gen eral Plan, prehistoric sites within western Contra Costa County are typica lly found near the edge of historic San Pablo Bay margins, on valley and midslope terraces , and in hilly areas on terraces near seasonal watercourses. Numerous aboriginal village and camp sites have been uncovered in the bay margins.
Hercules has one confi rmed prehistoric site (CA -CCO-370) and one unconfi rmed site (CA -CCO-248), both of which are located west of the I-80 freeway.
Historic Resources. In the early to mid -1800s, the area now known as Hercules was part of a Spanish land grant called Rancho El P inole. In the late 1800s much of this land was pur chased by the California Powder Works as a site for the production of dynamite. The Town of Hercules was incorporated in 1900 as the company town. In 1917, Hercules Incorporated and became the largest produ cer of dynamite in the United States, and operatio ns encompassed approximately 3,000 acres of land. During the 1960s the plant transitioned from dynamite to fertilizer production and much of the land was sold off to private builders and developers. The plant closed in the late 1970s. As the plant was closing, suburban housing development began creating the community known today. A number of older company buildings and Victorian-style homes remain from earlier times, including the former company headquarter s and a number of company-owned homes.
Impacts and Mitigation Measures from Previous EIRs
Impacts and mitigation measures included in previously certified CEQA documents that are listed below:
General Plan EIR. The GP EIR identified the following potenti ally significant cultural resource -related impacts and five mitigation measures that would reduce impacts to less than significant levels:
City of Hercules — 2023-2031 Housing Element Update 53 Negative Declaration July 2022
Impact Cultural -1: Development consistent w ith the proposed Land Use and Circulation Elements Update could result in damage to known or unknown prehistoric archaeological resources.
Mitigation Measure Cultural -1a: Prior to development of Parcels 1, 2, 4, A and C, an attempt should be made through a combination of archival research and in -field testing to identify areas that may have been used by native American populati ons. Areas containing prehistoric deposits would be mapped; evaluation of their significance would follow only in those areas where future development might affect the resources.
Mitigation Measure Cultural-1b: The City should enact the following program prior to any development in the vicinity of CA -CCO-370 and CA-CCO-248 on Parcels 1 and I, respectively. The program shall be conducted under the guidance of Appendix K of the CEQA Guidelines.
The program would also apply to Parcels A, C, and I -4 where the potential for Native American remains exists.
• Prior to excavation and construction on the above parcels, the prime construction con tractor and any subcontractor(s) would be cautioned on the legal and/or r egulatory implications of knowingly destroying cult ural resources or removing artifacts, human remains, bottles, and other cultural materials from the project site.
• The project sponso r would identify a qualified archaeologist prior to any demolition, excav ation, or construction. The City would approve the project sponsor’s selection for a qualified archaeologist.
The archaeologist would have the authority to temporarily halt excavation and construction activities in the immediate vicinity (ten -meter radius) or a find if significant or potentially significan t cultural resources are exposed and/or adversely affected by construction operations. • Reasonable time would be allowed for the qual ified archaeologist to notify the proper authorities for a more detailed inspection and examination of the exposed cultural resources. During this time, excavation and construction would not be allowed in the immediate vicinity of the find; however, those activities could continue in other areas of the project site. • If any find were determined to be significant by the qualified archaeologist, representatives of the project sponsor or construction contractor and the City, the qualified archaeologist, and a representative of the Native American community (if the discovery is an ab original burial) would meet to determine the appropriate course of action.
• All cultural materials recovered as part of the monitoring program would be subject to scientific analysis, professional museum curation, and a report prepared according to current professional standards.
Mitigation Measure Cultural -1c: If previously unknown subsurface cultural resources are discovered during excavation activities on the identified parcels or elsewhere in the study area, excavation would be temporarily halted and an archaeologist consulted as to the importance of the resources. Should the archaeologist determine that the resources are important, the project sponsor would follow the procedure described in Mitigation Measure Cultural-1b.
Impact Cultural -2: Development c onsistent with the proposed Land Use and Circulatio n Elements Update could result in damage to known or unknown historic archaeological resources.
Mitigation Measures Cultural-1a through 1c apply.
Impact Cultural -3: Development consistent with the proposed Land Use and Circulation Elements Update could result in damage to known historical resources.
City of Hercules — 2023-2031 Housing Element Update 54 Negative Declaration July 2022
Mitigation Measure Cultural -3a: Prior to the development of Parcels 1 and C, the City s hould initiate an architectural evaluation of the remaining Hercules Powd er Company buildings. Since the architectural evaluation was done in 1977, the State Historic Preservation Office has altered its definition of what is historically significant. At pr esent any structure 45 years or older may qualify as significant under CEQA. The elements of the architectural evaluation program should include:
• [none of the opportunity sites in the HEU involve the Hercules Powder Company Parcels 1 or C]
Hercules New To wn Center EIR . The New Town Center EIR identified several potentially si gnificant impacts with respect to disturbance or destruction of prehistoric resources, paleontological resources, human remains and/or historic resources. Adherence to Mitigation Meas ure CUL1 reduced this impact to a less -than-significant level. This measu re requires that, during the construction process , a project sponsor shall retain a qualified archeologist to train construction crews to identify cultural resources. In the event cultural resources are found, work shall be stopped and the archeologist sha ll consult with the City to determine the best tr eatment for such resources. In the event human remains are found, the County Coroner is to be called. If remains are believed to be of Native American ancestry, the Native American Heritage Commission is to be contacted. All recovered materials are to be s ubject to scientific analysis, professional museum curation and reporting.
Updated 2009 Redevelopment Plan EIR . This EIR identified several potentially significant cultural resource impacts and mitigation measures, as follows:
• Impact Cult-1 stated that the proposed project could cause a substantial adverse change in the significance of archeological resources pursuant to Section 15 064.5 of the CEQA Guidelines. Adherence to Mitigation Measure CUL -1 requi res that if prehistoric or unique archeological resources are discovered during construction of future projects, work within a 50-foot radius of the discovery shall be halted until a qualified archeologist evaluates the find and determines proper protectio n measures. Work within the 50 -foot radius of t he find shall be halted until the archeologist states in writing that continuing work would not result in a significant effect on such resource and the City concurs.
• Impact Cult-2 identifies that the propos ed project could potentially destroy unknown un ique paleontological resources within the project area. Adherence to Mitigation Measure CUL -2 reduced this impact by requiring review of individual development proposals in the 2009 Redevelopment Plan to determine the potential for deposits of paleontologi cal resources on each site. For sites identified as having sensitivity to such resources, a paleontological monitoring program shall be implemented prior to grading operations. If necessary, the program may re quire maintenance of daily field logs, recovery of soil samples, and the ability to remove resources as needed. A photo log of grading operations of the site must also be kept. If sig nificant paleontological resources are found, the monitor shall have the authority to halt operations that affect such resources.
• Impact Cult -3 identified an impact with respect to disturbance of unidentified human remains, including those interred outs ide of formal cemeteries. Mitigation Measure CUL -3 requires construction work on individual project sites to be suspended if human remains are found. Then, the Hercules Public Works Department and County Coroner shall be notified.
If remains are determined to be of Native American origin, the Native American Heritage Commission shall be notified within 24 hours.
City of Hercules — 2023-2031 Housing Element Update 55 Negative Declaration July 2022
Bayfront P roject EIR . This EIR identified several potentially significant cultural resource impacts and mitigation measures, as follows:
• Impact 8-1 identified an impact with disturbance of archeological resources o n the project site. Adherence to Mitigation M easure 8 -1 reduced this impact to a less -than-significant level by requiring future developers in the Bayfront area to retain a qualified archeologist in the event of discovery of unrecorded historic resources a nd, if possible, preserving the site.
If preservation is not possible, a data recovery plan shall be submitted and approved by the City and then implemented by the developer.
• Impact 8 -2 noted an impact with respect to destruction or degradation of two i dentified historic resources with constructio n of planned project improvements. Adherence to Mitigation Measure 8 -2 reduced this impact to a less -than-significant level by requiring future developers to renovate structures in a manner consistent with Secre tary of Interior standards and incorporate historic structures into the ultimate development of the project.
Regulatory Framework
Hercules General Plan . The Land Use Element of the G eneral Plan contains Objective 8, which reads:
“Preserve Hercules history while developing its future.”
The Open Spac e and Conservation Element contains the following objective and policy with respect to the protection of cultural resources:
• Protect and preserve important historic and prehistoric resources (Objective 12).
• Historic resources shall be identifie d and preserved to the extent feasible. If previously unknown subsurface resources are discovered during excavation, excavation would be temporarily halted and an archeologist consulted as to the importance of t he resource. (Policy 12a).
Project Impacts
a) Less than Significant Imp act. A majority of the identified housing sites do not contain historic resources. If historic resources are encountered as a result of future construction of dwellings and associated housing units under the auspices of the updated Housing Element, mitigation measures contained in certified CEQA documents for each of the sites reduce this impact to a less -than- significant level. Future housing developments will also be required to ad here to applicable Objectives and Policies of the Hercules General Plan to protect significant historic resources.
b-c) Less than Significant Impact. Future housing developments in the City of Hercules that could be facilitated as a result of the update d Housing Element are required to comply with mitigation measures contained in certified EIRs that cover identified housing sites . In addition, state law contains regulatory requireme nts when human remains are found. Therefore, implementation of appropriate General Plan objectives and policies and compliance with state law will ensure that potential impacts related to archeological and Native American resources and human remains will remain at less-than-significant levels.
City of Hercules — 2023-2031 Housing Element Update 56 Negative Declaration July 2022
4.6 Energy
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Result in potentially significant
environmental im pact due to
wasteful, inefficient, or unnecessary
consumption of energy r esources,
during project construction or
operation?
b) Conflict with or obstruct a state or
local plan for renewable energy or
energy efficiency?
Environmental Setting
Energy is primarily categorized into three areas: electricity, natural gas, and fuels used for transportation. According to the U.S. Energy Information Administration (USEIA), California is the most populous state in the United St ates, representing 12 percent of the total national population, has the largest economy, and is second only to Texas in total energy consumpti on. However, California has one of the lowest per capita energy consumpti on levels in the U.S. This is a result of California’s mild climate, extensive efforts to increase energy efficiency, and implementation of alternative technologies.
California leads the nation in electricity generation from solar, geothermal, and biomass resources.
Impacts and Mitigation Measures from Previous EIRs
General Plan EIR. The GP EIR identified the following potentially significant energy -related impacts and five mitigation measures that would reduce impacts to less than significant levels:
Impact Energy-1: Increased energy consumption related to construction and operation of development consistent with the Land Use and Circulation Elements Update would derive mostly from non-renewable energy resources.
Mitigation Measure Energy -1a: A performance standard that exceeds Title 24 by 10 p ercent. Under such a standard, the developers of individual projects could design their projects to exceed Title 24
City of Hercules — 2023-2031 Housing Element Update 57 Negative Declaration July 2022
energy conservation performance standards by a certain percentage (at least 10 percent), based on t he same calculation methods required for demonstrating compliance with the standard. • [specific measures for commercial and office buildings were also included but they are not relev ant to future housing projects]
Impact Energy -2: Development would result in interference with PG&E transmission and distribution facilities.
Mitigation Measure Energy -2a: The City shall preserve access for PG&E to work on electric and natural gas lines th at extend through or adjacent to Parcels 1, 7 and 12, possibly through de eding of access rights-of-way.
Mitigation Measure Energy -2b: The City shall require individual developers or commercial tenants to contact PG&E during the building application process to allow PG&E to review specific development plans with respect to potential impacts on PG&E distribution facilities.
The GP EIR also found Energy Impact-3 was less than significant and no mitigation was required.
The remaining EIRs concluded their projec t impacts would be less than significant with regulatory compliance and no mitigation was required.
Regulatory Framework
Hercules General Plan. The Conservation Element of the 1995 General Plan did not contain any specific goals or policies related to energy use, but some goals and policies in other elements referred to carefu l use and protection of resources , which generally applies to energy resources, especially those derived from non-renewable fossil fuels.
Project Impacts
a) Less Than Significant Impact. Energy is primarily categorized into three areas: electricity, na tural gas, and fuels used for transportation.
Electricity. In recent years more and more of California’s net electricity generation has been generated from renewable resources, incl uding hydropower . The state has set a goal for California’s Renewables Portfolio Standard (RPS) for 60 percen t of its electric load to be from renewable sources by 2030. In 2018 the California electric system used 281,120 GWh of electricity, nearly 71% of which (199,595 GWh) was produced in -state. Electricity in the City of Hercules is provided by the Pacific Gas and Electric Company (PG&E).
Natural Gas . California accounts for less than 1% of total U.S. natural gas reserves and production; however, almo st two-thirds of California households use natural gas for home heating (U.S. EIA 2019). In 2018, Califor nia consumed about 12,638 million therms 3 of natural gas.
Approximately 35% of natural gas was consumed by the residential sector which makes up approximately two-thirds of state-wide and county-wide consumption (CEC 2019b). PG&E provides natural gas service to the City for residential, commercial, and industrial customers.
Transportation. California’s transportation sector consumed 80 .6 million Btu o f energy per capita in 2017 which ranked 31st in the nation. Most gasoline and diesel fuel sold in Cali fornia for motor vehicles is refined in California to meet state -specific formulations required by the California Air Resources Board.
City of Hercules — 2023-2031 Housing Element Update 58 Negative Declaration July 2022
Future housing d eveloped in accordance with the goals and policies of the Housing Element Update will have the effect o f contributing to increased energy consumption in the City , which will be part of regional growth in energy use as the surrounding communi ties continue to grow as well.
Future growth in the City will be required to be consistent with the state’s energy con servation regulations as codified in Title 24 of the CCR and the California Green Building Code. As long as future development adheres to these multiple e nergy conservation plans and requirements, the Project will have less than significant impacts relativ e to energy consumption and efficiency and no mitigation is required. Development implemented through the Project would not use energy in a wasteful, inefficient, or unnecessary manner.
b) Less Than Significant Impact. The analysis in Section 6.A above demonstrates that the proposed Project would not conflict with nor obstruct a state or local plan adopted for the purposes of increasing t he amount of ren ewable energy or energy efficiency. As discussed above, future development under the HEU would be subj ect to the California Title 24 Building Code energy efficiency standards for residential and non -residential buildings, which would help r educe energy consumption overall within the City.
Equipment and vehicles associated with construction and operation of new development would also be subject to fuel standards at the state and federal level. Truck traffic from some new non - residential development would inherently benefit from programs implemented to achieve the goals of the state’s Sustainable Freight Pl an, such as the turnover of older, less fuel -efficient trucks, as fuel economy standards are rolled out and zero emission vehicles (ZEV) t rucks and vehicl es in general becomes more widely available and cost effective for businesses and residents. Therefore , the HEU would not conflict with nor obstruct a state or local plan for renewable energy or energy efficiency. Impacts would be less than significant and no mitigation is required.
City of Hercules — 2023-2031 Housing Element Update 59 Negative Declaration July 2022
4.7 Geology and Soils
Would the project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Expose people or structures to potent ial
substantial adverse effects, including the
risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist -
Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area
or based on other substantial evidence of
a known fault? Refer to Division of Mines
and Geology Special Publication 42.
ii) Strong seismic ground shaking?
iii)Seismic-related ground failure,
including liquefaction?
iv) 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 t he project, and potentially
result in on - or off -site landslide, lateral
spreading, subsidence, lique faction or
collapse?
d) Be located on expansive soil, as defin ed
in Table 18 -1-B of the Uniform Building
Code (1997), creating substantial risks to
life or property?
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative was tewater disposal systems
where sewers are not available for the
disposal of wastewater?
f) Directly or indirectly destroy a unique
paleontological resource or site o r unique
geologic feature?
City of Hercules — 2023-2031 Housing Element Update 60 Negative Declaration July 2022
Environmental Setting
Geologic conditions. The Hercules planning area is located in the Coast Range geomorphic province of California, which is charact erized by a seri es of parallel, northwesterly trending and faulted hills and valleys. Local geology consists of a mix of alluvial deposits in lower elevations caused by stream erosion and sedimentary rocks within higher elevations.
Seismicity. The San Francisco Bay area, within which Hercules is located, is one of the most seismically active areas in the United States. Major regional faults include Hayward, Rodgers Creek, Calaveras, San Andreas, and San Gregorio Faults. The United States Geological Survey (USGS) Working G roup on California Earthquake Probabilities estimated a 62% probability of one or more earthquakes of Richter magnitude 6.7 or greater occurring in the Bay Area between 2003 and 2032. No properties within Hercules are located within an Earthquake Fault Zone as defined by the Alquist-Priolo Act.
Environmental effects associated with seismic activity include:
• Surface fault rupture, which involves cracks or chasms on the ground surface caused by seismic activity. The risk of surface fault rupture in the He rcules planning area is considered low due to the absence of active faults.
• Ground shaking is the violent shaking of the ground surface during a seismic event. In general, the greater the distance from a seismic epicenter, the less inte nsity of ground s haking that could be expected. The effects of ground shaking include damage to structures, roads, uti lity facilities, and other infrastructure.
• Liquefaction is a phenomenon in which saturated, cohesionless soil experiences temporary los s of strength due to the buildup of water pressure induced by a seismic event. Generally, soils susceptible to liquefa ction are loose, clean, saturated, and fine -grained sands located near bodies of water. The effects of liquefaction include collapse of buildings and road improvements.
• Landslides can be triggered by seismic events particularly on steep slopes with a hi story of soil instability.
Expansive soils. Expansive soil conditions typically occur in soils with high clay content. Typically, these soils swell when m oisture is added and shrink under dry conditions. Expansive soils can damage building foundations and underground utilities.
Soil erosion. Unprotected soils are subject to erosion caused by wind or water action.
Paleontological Resources. Although some a reas in the East Bay have yielded fossils in the past, the sites for future development within the Ci ty are underlain by recent alluvial soils which do not generally yield significant fossiliferous materials. The only local site with iden tified fossil resources is Pectin Point on the San Pablo Bay (pectin shells found) although Mt. Diablo to the southeast contains a number of paleontological sites (Fossilspot 2020).
City of Hercules — 2023-2031 Housing Element Update 61 Negative Declaration July 2022
Impacts and Mitigation Measures from Previous EIRs
Impacts and mitigation measures included in previously certified CEQA documents regarding geological and soil resources are listed below.
General Plan EIR. The GP EIR identified the following potentially significant geology and soil -related impacts and 13 mitigation measures that would reduce impacts to less than significant levels:
Impact Geology -1: Development consistent with the pro posed Land Use and Circulation Elements Update would involve construction of facilities in a seismically active zone, characterized by a hi gh probability of strong ground shaking. Ground shaking could pose a threat to the structural integrity of any developed structures and associated underground utility lines, as well as a threat to the welfare and safety of people occupying the sites.
Mitigation Measure Geol ogy-1a: No critical facility or school should be permitted in areas subject to very strong ground s haking or ground failure until an evaluation of alternative sites with reduced earthquake and flood hazards is completed. For each proposal , require a feasib ility study to determine whether any proposed critical facilities (emergency response centers, poli ce stations, and hospitals) and schools could be sited in areas with lesser earthquake hazards. An alternative site feasibility assessment should include a c onsideration of sites in areas with lesser earthquake (and flood) hazards in addition to considerations of service area, accessibility, and economic considerations.
Mitigation Measure Geology -1b: For projects proposed in areas subject to very strong earthq uake ground shaking or ground failure, conduct geotechnical studies and structural design evaluatio ns for all critical facilities, schools, high -population facilities (such as shopping malls) and industries using or generating significant amounts of hazardous materials.
If the alternative site feasibility study for a critical facility or school were to indicate that other less hazardous sites are not available for the critical facility, then geotechnical studies and structural design processes for the facil ity would be conducted in accordance with the State of California requirements and recommendations of the Seismic Safety Commission. These could include detailed studies of the geologic materials at the site, seismic even response evaluat ions to identify d esign criteria, foundation design criteria and dynamic method analyses of proposed structures, and others. As these studies are costly and the resulting foundation and structural designs are often expensive to construct, it is recommended that the alternative site feasibility study be conducted first.
For the other types of facilities, the alternative site feasibility assessment would be an optional requirement of the City (an alternative sites evaluation m ay be required under CEQA). A ri gorous geotechnical evaluation and structural design process would be required to ensure that the proposed structures would perform in major earthquakes without creating a life safety hazard to occupants or people in surrounding areas.
Mitigation Measure G eology-1c: Prepare or update an Earthquake Preparedness and Emergency Response Plan for the City to deal with specifi c effects of seismic-induced ground shaking, liquefaction, and lurching.
Mitigation Measure Geology -1d: Require site -specific geotechnical investigations for every new development.
Impact Geology -2: Development consistent with the proposed Land Use and Cir culation Elements Update would involve grading that would disrupt, compact, and overcover existing soil. This could alter the capacity of the native soils to absorb precipitation and runoff and increase their erosion potential.
City of Hercules — 2023-2031 Housing Element Update 62 Negative Declaration July 2022
Mitigation Measure Geology -2a: Development of the project sites should minimize the amount of native soils compacted by construction vehicles and structures, as well a s the amount of so il disturbed through grading and excavation. As much as possible, native soils should be left undis turbed and uses for open space and landscaping purposes.
Mitigation Measure Geology -2b: Development of the project sites should also maximi ze the use of pervious materials, including fill, and incorporate proper drainage structures capable of handling anticipated increases in surface runoff.
Mitigation Measure Geology-2c: Minimize amount of grading when building on hill sides.
Impact Geology -3: Development con sistent with the proposed Land Use and Circulation Elements Update would accelerate natural erosion of native soils and fill by wind and water. If uncontrolled, increased runoff could undermine structures built upon the study area parcels . Eroded materials could also increase sedimentation in nearby Refugio Creek and in San Pablo Bay.
Mitigation Measure Geology-3a: No grading should occur on slopes steeper than 30 percent, and cut slope angles no greater than 33 percent be maintained.
Mitigation Measure Geo logy-3b: The use of silt fencing, sediment trapping basins, runoff diversion devices, and hydroseeding of barren slopes can minimize or prevent this impact. It is recommended that applicants for construction permits within the City of Her cules submit an er osion control plan for the proposed development site, based on soil and underlying substrate condit ions and using criteria obtained from the City’s Grading Ordinance.
Grading in the City should occur with no increase in discharge of sedim ents to wetlands, Refugio Creek, or San Pablo Bay. Measures to be implemented by the developers should be identified in their erosion control plans, as required by the City’s Grading Ordinance. Measures identified in the report should be incorporated as conditions of approval for the development.
Impact Geology -4: Development consistent with the proposed Land Use and Ci rculation Elements Update could result in changes in topography and construction on steep slopes in some portions of the study area that would accelerate the development of landslides or mudslides.
Mitigation Measure Geology -4a: Develop and implement hills ide drainage plans to reduce the risk of further movement by existing landslides. Site new structures away from steep hillsides and the toe s of existing land slide surfaces, reducing the potential for damage from landslide movement or burial.
Require potential developers to perform site-specific slope stability analyses, including field estimates of the soil properties significant to slope sta bility, for those parcels or portions thereof identified as having the steepest slopes or greatest potential for landslides.
In addition, the City should add the following policies to the proposed Land Use Element Update:
Mitigation Measure Geology -4b: Develop the study are a parcels in such a way as to minimize the potential for creating new landslides or reactivating old ones.
Impact Geology -5: Development consistent with the proposed Land Use and Circulation Elements Update could expose people and structures to the hazard of differential settlement.
Mitigation Measure Geology -5a: For proposed structures in areas subject to settlement hazards, conduct a geotechnical engineering investigation to determine the degree of hazard and the appropriate approach to reducing the hazard to an acceptable level of risk.
City of Hercules — 2023-2031 Housing Element Update 63 Negative Declaration July 2022
Impact Geology -6: Development consistent with the proposed Land U se and Circulation Elements Update would result in construction on soils with high shrink -swell potential and corrosive potential, which could cause cracking of foundations and corrosion of concrete.
Mitigation Measure Geology -6a: Applicants for developmen t of structures within the City of Hercules shall submit a report by a California certified engineering geologist documenting the geotechni cal suitability of the site for the proposed development based on soil and underlying substrate conditions; and the measures required to ensure public safety and the protection of property.
Hercules New Town Center EIR. The New Town Center EIR identified two potentially significant impacts with respect to geology and soils:
• Exposure of people or structures to risk of loss, injury, or death involving strong seismic shaking or seismic related ground failure. Adherence to Mitigation Measure GS1 reduces this impact to a less-than-significant level. This measure requires completion of geotechnical investigations for individual development projects. Such investigations include subsurface testing and laboratory analysis. Recommendations made in such investigat ions shall be impl emented in final building plans, grading, and other construction designs.
• Development that cou ld occur under the New Town Center Plan and associated zoning could be located on expansive soil creating a potential risk to life and proper ty. Adherence to Mitigation Measure GS2 reduces this impact to a less -than-significant level by requiring that contractors for future development proposals test for moisture conditions prior to grading, place non-expansive fill below building slabs , and/or design building f oundations to resist soil movement associated with expansive soils.
Updated 2009 Redevelopment P lan EIR . The Updated 2009 Redevelopment Plan EIR identified two potentially significant geology and soils impacts and mitigation measures, as follows:
• Impact GEO -1 found that the proposed project could expose people and structures to substantial adverse effects related to seismic groundshaking. Adherence to Mitigation Measure GEO-1 requires the preparation of site -specific geotechnical inv estigations for an y new development located in the Updated 2009 Redevelopment Plan area. Each report shall confor m to current building code requirements. Structures for human habitation shall be designed to meet appropriate standards contained in the California Building Code.
• Impact GEO -2 identified a potentially significant impact related to exposure of people an d structures to seismic-related liquefaction or landslides. Adherence to Mitigation Measures GEO 2a and 2b reduces this impact by requiring ind ividual, site-specific geotechnical reports for site preparation, grading, retaining walls, and building foundations. The project proponent of the Hill Town development is required to form a Geologic Hazard Abatement District for the purpose of carrying out monitoring of ge ological hazards and identifying site -specific measures to reduce such hazards.
Bayfront Proje ct EIR . This EIR identified several potentially significant geology and soil impacts and mitigation measures, as follows:
City of Hercules — 2023-2031 Housing Element Update 64 Negative Declaration July 2022
• Impact 9 -1 ident ified an impact re garding potentially significant effects of ground shaking on project improvements during seismic events. Adherence to Mitigation Measure 8 -1 reduces this impact to a less-than significant level by requiring future developers to prepare de tailed, design- level geotechnical investigations to assess the risk of seismic activity and related soil hazard s.
Recommendations included in such reports shall be included in construction plans and specifications.
• Impact 9 -2 identified an impact concer ning the possibili ty of landslide, slope stability , and erosion hazards with project construction. Adherence to Mitigation Measure 9 -1 reduces this impact to a less-than significant level as noted above.
• Impact 9 -3 identified an impact related to the pr esence of expansiv e soils on the site.
Adherence to Mitigation Measure 9 -1 reduces this impact to a less -than significant level as noted above.
• Impact 9-4 found that project grading, changed drainage patterns , and installation of project landscape irrigation could impact existing groundwater flow in the area, resulting in slope instability. Adherence to Mitigati on Measure 9 -1, requiring a detailed design -level geotechnical investigation reduces this impact to a less -than significant level, as noted above.
Impacts and mit igation measures included in previously certified CEQA documents regarding paleontological resources are listed below.
Hercules New Town Center EIR . The New Town Center EIR identified several potentially significant impacts with respect to disturbance or destruction of paleontological resources but a dherence to Mitigation Measure CUL1 reduced this impact to a less -than-significant level. This measure requires that, during the construction process, a project sponsor shall retain a qualifi ed archeologist to train construction crews to identify cultural resources (which can include paleontological resources). In the event cultural resources are found, work shall be stopped and the archeologist shall consult with the City to determine the bes t treatment for su ch resources. In the event human remains are found, the County Coroner is to be called. If remains are believed to be of Native American ancestry, the Native American Heritage Commission is to be contacted. All recovered materials are to be subject to scie ntific analysis, professional museum curation and reporting.
Updated 2009 Redevelopment Pl an EIR . This EIR identified potentially significant impacts to paleontological resource impacts and recommended the following mitigation measure, as follows:
• Impact Cult-2 identifies that the proposed project could potentially destroy unknown unique paleontological resources within the project area. Adherence to Mitigation Measure CUL -2 reduced this impact by requiring review of individual devel opment proposals i n the 2009 Redevelopment Plan to determine the potential for deposits of paleontological resources on each site. For sites identified as having sensitivity to such resources, a paleontological monitoring program shall be implemented prior to grading operat ions. If necessary, the program may require maintenance of daily field logs, recovery of soil samples, and the ability to remove resources as needed. A photo log of grading operations of the site must
City of Hercules — 2023-2031 Housing Element Update 65 Negative Declaration July 2022
also be kept. If significant paleonto logical resources are found, the monitor shall have the authority to halt operations that affect such resources.
Bayfront Project EIR. This EIR did not identify potentially significant impacts to paleontological resources or recommended any mitigation measures.
Regulatory Framework
Hercules General Plan. The Safety Element of the General Plan contains Poli cy 2D regarding geologic hazards. This Policy reads:
The administration of subdivision and grading ordinances should allow for flexibility in the revi ew and approval of construction plans to permit sound engineering design in the solution of specific geol ogical problems. Site-specific geotechnical investigations shall be required for every new development.
Project Impacts
a) Less than Significant Imp act. The proposed HEU would facilitate construction of new dwellings and other housing -related facilities and improvements . Potential impacts related to soil and geologic impacts on future residential construction would be reduced by adherence to the Safe ty Element of the H ercules General Plan, which addresses impacts related to geological issues, including groundshaking, ground rupture, and related soil -based hazards, such as differential settlement, liquefaction, and landslides.
All future housing proj ects constructed pu rsuant to the HEU, as described in Section 2.8 and Table 4, are required to comply with the Safety Element of the General Plan to obtain site -specific geotechnical investigations as required by mitigation measures set forth in the Hercul es New Town Center, Bayfront Project, and Updated 2009 Redevelopment Plan EIRs for these respective project areas. Adherence to these Mitigation Measures, identified above in the Environmental Setting Section, reduces this impact to a less-than-significant level.
b) Less t han Significant Impact . New housing structures that could be constructed in the community pursuant to the HEU will be required to implement Best Management Practices (BMPs) as required by the City of Hercules to comply with the City’s N PDES permit as part of normal and customary review of individual residential development projects . This compliance will ensure less-than-significant impacts regarding substantial soil erosion or loss of topsoil from future development under the HEU. These BMPs typically include but are not limited to installation of silt fences, sandbags , and similar meas ures to minimize substantial erosion and loss of topsoil.
Future housing developments will also be required to comply with applicable mitigation measures set forth in certified EIRs on identified housing sites.
c-d) Less than Significant Impact . Adherence to the Safety Element of the Hercules General Plan and mitigation measures for future site -specific housing sites as identified in the Environmental Setting Section, will ensure that impacts related to unstable soils, liquefaction, lateral spreading, landslide, and other soil hazards for future construction will be less-than-significant.
City of Hercules — 2023-2031 Housing Element Update 66 Negative Declaration July 2022
e) No Impact. All new housing projects are required by the City o f Hercules to conne ct to the local sewer system, maintained by the East Bay Municipal Utility Dis trict (EBMUD). No impacts would therefore result with regard to septic systems or alternative wastewater disposal systems.
f) Less Than Significant Impact . Although some areas in the East Bay have yielded fossils in the past, the sites for future development within the City are underlain by recent alluvial soils which do not generally yield significant fossilif erous materials. It is not likely that future development under the H EU would di sturb significant paleontological resources. However, if resources are found during grading the City’s standard conditions of approval require work to halt in that area until any resources can be assessed by qualified professionals and appropria te action t aken. In addition, mitigation measures in previous CEQA documents a dequately protect potential pal eontological resources on those sites (i.e., Hercules New Town Center and 2009 Redevelopment Plan).
Therefore, potential impacts of the HEU on paleontological resources will be less than significant.
City of Hercules — 2023-2031 Housing Element Update 67 Negative Declaration July 2022
4.8 Greenhouse Gas Emissions
Would the project: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
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?
Environmental Setting
Gases that trap heat in the atmosphere are referred to as greenhouse gases (GHGs) because they capture heat radiated from the sun as it is reflected back into the atmosphere, much like a gre enhouse does. The accumulation of GHGs has been implicated as a driving force for global climate change.
Definitions of climate change vary between and across regulatory authorit ies and the scientific community, but in general can be described as the chang ing of the earth’s climate caused by natural fluctuations and anthropogenic activities that alter the composition of the global atmosphere.
California State law defines greenhouse gases as:
• Carbon Dioxide (CO2)
• Methane (CH4)
• Nitrous Oxide (N2O)
• Hydrofluorocarbons
• Perfluorocarbons
• Sulfur Hexafluoride
The overall approach to the GHG calculation in this report is based upon the technical advisory of the Governor’s Office of Plann ing and Research (OPR) embodied in the document CEQA and Climate Change: Addre ssing Climate Change through California Environmental Quality Act (CEQA) Review .
According to the Governor’s Office of Planning and Research, the most common GHG that results fro m human activity is carbon dioxide, followed by methane and nitrous oxide. The last three of the six identified GHGs are primarily emitted by industrial facilities. For this analysis, only carbon dioxide, methane, and nitrous oxide emissions are considered, as described below.
Carbon dioxide is primarily generated by fossil fuel combustion in stationary and mobile sources. Due to the emergence of industrial facilities and mobile sources in the past 250 years, the concentration of carbon dioxide in the atmo sphere has increased 35 percent. Carbon dioxide is the most widely emitted GHG and is the reference gas [Global Warming Potential (GWP) of 1] for determining GWPs for other GHGs.
City of Hercules — 2023-2031 Housing Element Update 68 Negative Declaration July 2022
Methane is emitted from biogenic sources, incomplete combustion in forest fi res, lan dfills, manure management, and leaks in natural gas pipelines. In the United States, the top three sources of methane are landfills, natural gas systems, and enteric fermentation. Methane is the primary component of natural gas, which is used for s pace and water heating, steam production, and power generation. The GWP of methane is 21.
Nitrous oxide is produced by both natural and human -related sources. Primary human -related sources include agricultural soil management, animal manure management, se wage tre atment, mobile and stationary combustion of fossil fuel, adipic acid p roduction, and nitric acid production. The GWP of nitrous oxide is 310.
Greenhouse Gas Effects. There is international scientific consensus that human -caused increases in GHGs have and will continue to contribute to global warming, although there is uncer tainty concerning the magnitude and rate of the warming. Potential global warming impacts in California may include, but are not limited to, loss in snowpack, sea level rise, mo re extreme heat days per year, more high ozone days, more large forest fires, and more drought years. Secondary effects are likely to include a global rise in sea level, impacts to agriculture, changes in disease vectors, and changes in habitat and biodiversity.
Sources of Greenhouse Gas Emissions . Anthropogenic GHG emis sions worldwide as of 2005 totaled approximately 30,800 CO 2 equivalent million metric tons (MMTCO 2E). The United States was the top producer of greenhouse gas emissions as of 2005. The pri mary con tributors to GHG emissions in California are transportation, electric power production from both in -state and out -of-state sources, industry, agriculture and forestry, and other sources, which include commercial and residential activities.
Impacts and Mitigation Measures from Previous EIRs
All previous EIRs were prepared prior to the time the issue of greenhouse gas emissions was required to be evaluated in EIRs. Therefore, they contain no determination of impacts or recommend any mitigation measures relative to greenhouse gas emissions.
Regulatory Setting
Federal Greenhouse Gas Regulations . In September 2009, EPA issued a final rule for mandatory reporting of GHGs from large GHG emissions sources in the United States. In general, this national reporting requirement will provide EPA with accurate and timely GHG emissions data from facilities that emit 25,000 metric tons or more of CO 2 per year. An estimated 85% of the total U.S. GHG emissions, from approximately 10,000 facilities, are covered by this final rule.
In April 2009, EPA published its Proposed Endang erment and Cause or Contribute Findings for Greenhouse Gases under the Clean Air Act (CAA) (Endangerment Finding) in the Federal Register. The Administrator proposed the finding that atmospheric concentrations of GHGs endanger the public health and welfare within the meaning of Section 202(a) of the CAA. The final finding was released on December 7, 2009. The findings do not in and of themselves impose any emission reduction requirements but rather allow EPA to finalize the GHG standards recently proposed f or new light -duty vehicles as part of the joint rulemaking with the Department of Transportation.
City of Hercules — 2023-2031 Housing Element Update 69 Negative Declaration July 2022
State Greenhouse Gas Regulations . California has adopted several pieces of legislation and the Governor has issued executive orders mandating reductions in greenhouse gasses. These include but are not limited to Assembly Bill 32, Assembly Bill 1493, Senate Bills 1078 and 107, Senate Bill 1368, Senate Bill 375, Senate Bill 97, and several Executive Orders.
Local Greenhouse Gas Regulations. The Bay Area Air Q uality Management District (BAAQMD) has established a climate protection program to reduce pollutants that contribute to global climate change and affect air quality in the Bay Area. In May 2017, the BAAQMD published a new version of the CEQA Air Quality G uidelines, which included revisions made to address the Supreme Court’s decision on the California Building Industry Association v. BAAQMD and contained the BAAQMD’s recommendations to Lead Ag encies f or evaluating and assessing the significance of a projec t’s potential gree nhouse gas impacts. In March 2022, the BAAQMD published the CEQA Thresholds for Evaluating the Significance of Climate Impacts From Land Use Projects and Plans, which require s plans to show GHG reductions consistent with California’s reduction targets in order to have a less than significant climate impact.
The BAAQMD provides guidance on assessing and mitigating GHG emissions impacts. In April 2022, the BAAQMD adopted new C EQA thresholds for evaluating climate impacts from land use proj ects and plans. The proposed HEU is a planning -level document that does not authorize or approve any specific project and, therefore, is analyzed using the BAAQMD’s plan -level guidance. Future development project supported by the HEU could be analyzed usin g the project -level guidance contained in BAAQMD’s CEQA Air Quality Guidelines. This guidance informs the evaluation of GHG emissions impacts presented below. The BAAQMD’s plan - and project -level thre sholds of significance are summarized in Table s 8 and 9, respectively. The project -level thresholds are provided for information purposes only.
Table 8
BAAQMD Plan-Level GHG Thresholds of Significance
Pollutant Plan-Level Thresholds of Significance for Operations GHG
Option A Option B
Meet the State’s goal s to reduce
emissions to 40 percent below
1990 levels by 2030 and carbon
neutrality by 2045; or
Be consistent with a local GHG
reduction strategy that meets the
criteria under State CEQA
Guidelines Section 15183.5(b).
Source: BAAQMD 2022
Table 9
BAAQMD Project-Level GHG Thresholds of Significance
Pollutant Plan-Level Thresholds of Significance for Operations GHG
Option A Option B
Projects must include, at a minimum, the following project design elements:
1. Project buildings will not include natural gas appliances or natural gas plumbing (in both residential and non -residential projects).
2. Project buildings will not result in any wasteful, inefficient, or unnecessary energy usage as determine d by the analysis Be consistent
with a local
GHG
reduction
strategy that
meets the
criteria under
City of Hercules — 2023-2031 Housing Element Update 70 Negative Declaration July 2022
required under CEQA (PRC Section 21100(b)(3)) and the
State CEQA Guidelines (Section 15126.2(b)).
3. Project-generated VMT will be reduced below regional average consistent with the current version of the California Climate Change Scoping Pl an (currently 15 percent) or meet a locally adopted Senate Bill 743 VMT target, reflecting the recommendations provided in the Governor’s Office of
Planning and Research’s Technical Advisory on Evaluating Transportation Impacts in CEQA:
i. Residential projects: 15% b elow the existing
VMT per capita.
ii. Office projects: 15 pe rcent below the existing VMT per employee.
iii. Retail projects: No net increase in existing VMT.
4. The project will comply with the off -street electric vehicle requirements in the most recently adop ted vers ion of
CALGreen Tier 2.
State CEQA
Guidelines
Section
15183.5(b).
Source: BAAQMD, 2022
The City’s General Plan includes measures that promote e nergy efficiency, red uce vehicle miles traveled, and develop alternative sources of e nergy, all of which assist in reducing emissions of GHG and in reducing air pollutants that affect the health of residents. BAAQMD also seeks to support current climate pr otection programs in the region and to stimulate additional efforts through public ed ucation and outreach, technical assistance to local governments and other interested parties, and promotion of collaborative efforts among stakeholders.
Project Impacts a) Less than Signific ant Impact. Potential GHG impacts from approved p rojects on opportunity sites were not evaluated in previous EIR document s as that topic was not required at that time, including the General Plan EIR from 1995 . Future housing units that could be built und er the updated Housing Element would incrementally increase GHG emissions associated with traffic increases and direct and indirect energy use. This incremental increase would contribute to regional and global increases in GHG emissi ons and associated clim ate change effects. However, future development under the up dated Housing Element would be proposed by private developers and subject to the City’s permitting process and would be reviewed for CEQA compliance at the time of submittal (including GHG emissions). This review would include the BAAQMD GHG requirements i n terms of impact analysis and mitigation current at that time. The City would require GHG reduction features to be incorporated into individual developments at that time, w hich could likely consist of installation of energy efficient appliances, additiona l building insulation, installation of drought tolerant landscaping, and other techniques to reduce GHG increases to a less -than-significant level on a project and cumulative basis.
b) Less than Significant Impact . The City of Hercules and other gover nmental agencies currently enforce a number of programs and requirements to make development more energy efficient, to provide alternative modes of travel that reduce vehicular traffic , and other si milar measures that reduce greenhouse gas emissions. A number of these include:
City of Hercules — 2023-2031 Housing Element Update 71 Negative Declaration July 2022
• Title 24 Building Energy Efficiency Standards and Green Building Standards to maximize building insulation, lighting requirements, and similar standards.
• Appliance Energy Standards adopted by the California Energy Commission to improve heating and cooling appliances used in residential dwellings.
• Transportation energy efficiency standards as required by the City of Hercules, including but not limited to installation of sidewalks, bike lanes, and bus turnouts.
• Water Use Effi ciency, which limits use of water for irrigation pursuant to the State’s Model Water Efficiency Ordinance.
• The City of Hercules has ado pted stringent requirements f or recycling of household materials as well as construction debris.
City of Hercules — 2023-2031 Housing Element Update 72 Negative Declaration July 2022
4.9 Hazards and Hazardous Materials
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Create a significant hazard to the
public or the environment through the
routine transpor t, 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 hazardo us
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, would it 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 public use
airport, would the proj ect result in a
safety hazard for people residing or
working in the project area?
f) Impair impleme ntation of or
physically interfere with an adopted
emergency response plan or
emergency evacuation plan?
City of Hercules — 2023-2031 Housing Element Update 73 Negative Declaration July 2022
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
g) Expose people o r structures to a
significant risk of loss, injury or deat h
involving wildland fires, including
where wildlands are adjacent to
urbanized areas or where residenc es
are intermixed with wildlands?
Environmental Setting
Soil and/or Groundwat er Contamination . The following potential housing sites in th e City have been identified on the Cortes e List (http://www.dtsc.ca.gov/SiteCleanup/Cortese_List.cfm) as possibly containing contaminated soil and/or water conditions:
• Hercules New Town Cen ter site. Parcels within the New Town Center project area include: the Carone Brothers parcel (1350 Baybe rry Way), a Caltrans maintenance yard (1369 Willow Way ), and others.
• Updated 2009 Redevelopm ent project area. Numerous investigations undertaken wit hin the Hill Town site have found residue of heavy metals and hydrocarbons.
• Bayfront project site. Muc h of the site has been remediated from historic activities related to dynamite, black powder an d later fertilizer manufacturing although isolated pocke ts of contaminated material may still exist.
Pipelines. At least one of the proposed housing sites, the Hill Town site, is traversed by an oil pipeline.
One of the New Town Center parcels is also traversed by an underground oil pipeline.
Airports. No public or private airports (or airstrips) exist within or near the Project area.
Wildland Fire. Identified housing sites are all located within urbanized portions of Hercules and have a minimal chance of being subject to a significant wildland fire hazards. The General Plan Safety Element indicates that no Opportunity Site or other residential area within th e City are within a Very High Fire Hazard Severity Zone (VHFHZ) as mapped by the California Dep artment of Forestry and Fire Projection (CALFIRE).
Impacts and Mitigation Measures from Previous EIRs
Impacts and mitigation measures included in previously cer tified CEQA documents analyzing hazards and hazardous materials impacts are listed below.
City of Hercules — 2023-2031 Housing Element Update 74 Negative Declaration July 2022
General Plan EIR. The GP EIR identified the f ollowing two significant hazardous material -related impacts:
Impact Hazard-7: Generation of hazardous waste by new ind ustries in the project area (as discussed under Impact Hazard -3) would add to the cumulative ha zardous waste disposal requirements in the County. C leanup and disposal of any contaminated soils within the project area (as discussed under Impact Hazard-1) would increase the cumulative burden on existing landfill storage capacity.
Mitigation Measure Ha zard-7a: The Source Reduction and Recycling Element of the City’s General Plan encourages waste minimization and includes plans and programs for handling special wastes that might be hazardous, such as contaminated soils and industrial sludge.
Mitigation Measure Hazard-7b: The City’s Hazardous Waste Management Plan also addresses waste minimization by encouraging local businesses through source reduction, product substitution, development of alternative technologies, recycling, or other effective means. Th e Hazardous Waste Management Plan goes on t o recommend that the City provide staff and work with the local business community to undertake and encourage a progra m of identifying waste minimization opportunities or procedures for local industry. Procedures developed should encourage source reduction , recycli ng, reuse, and onsite treatment.
Even with these mitigation measures, potential hazardous material impacts fr om implementation of the proposed Land Use and Circulation Elements Update will still be significant and unavoidable.
The GP EIR also identified the following potentially significant hazardous material -related impacts and ten mitigation measures that would reduce impacts to less than significant levels:
Impact Hazard-1: Cleanup of hazardous materi als or wastes currently in the project area could pose a threat to workers or the environment.
Mitigation Measure Hazard -1a: At every potentially contaminated lo cation to be developed within the City, the project applicant shall have the site inspected by a Registered Environmental Assessor (i.e., a professional environmental scientist or engineer registered as an REA in California) for the presence of hazardous materials or wastes.
Mitigation Measure Hazard -1b: In the event that the site inspection of Miti gation Measure Hazard -1a uncover chemical c ontamination, underground storage tanks, abandoned drums, or other hazardous materials or wastes at a parcel, the insp ection report preparer shall so notify the City and other agencies, as applicable, potentially including the state Department of Toxic Sub stances C ontrol, the Regional Water Quality Control Board, and/or the County Health Services Department. The City woul d also notice the proper agencies as required by law. Under the direction of the appropriate ag encies, a site remediation plan shall be pr epared by the project applicant in accordance with applicable regulations.
Mitigation Measure Hazard -1c: For the Hercu les Properties, Inc. Parcel 1 that is currently being remediated, the City shall obtain copies of closure reports prepared by Cal -EPA cert ifying th at the properties have been remediated and pose no threats to public health.
Impact Hazard -2: Potentially haz ardous installations in or adjacent to the project area could pose a threat to occupants or residents should adjacent areas be developed.
Mitigation Measure Hazard-2a: No residential development shall be allowed within a “one in a million” cancer risk isopleth enclosing Pacific Refining Company, as illustrated in the Pacific Refining Company Improved Fuels Modification Project EIR. This mitigation only applies to Parcels 6 and 7.
City of Hercules — 2023-2031 Housing Element Update 75 Negative Declaration July 2022
Mitigation Measure Hazard-2b: If required by the Contra Costa County Health Se rvices Department, a Risk Management and Prevention Plan (RMPP) should be prepared for acutely hazardous chemicals handled at the Hercules Wastewater Treatment Plant. The RMPP should be prepared by the operators of the Hercules Wastewater Treatment Plant. The RMPP should be prepared with the guidance of the Contra Costa County Health Services Department.
Mitigation Measure Hazard-2c: One policy of the City of Hercules Hazardous Waste Management Plan is to coordinate City emergency response procedures with t he Rodeo-Hercules Fire Protection District, and to train city personnel in emergency response p rocedures through establishment of an inter agency emergency response task force. The city shall include potential emergencies involving hazardous materials handl ed at the Hercules Wastewater Treatment Plant shall be included in the emergency planning.
Mitigation Measure Hazard -2d: If required by th e RMPP pr epared under Measure Hazard -2b, future residents or occupants of Parcels 1, 3 and 4 shall be informed of what actions to take in the event of an acutely hazardous materials release from the Hercules Wastewater Treatment Plant.
Mitigation Measure H azard-2e: Consistent with pipeline operators’ standards, no buildings or other structures that could impede access shall be installed in any pipeline right-of-way.
Mitigation Measure Hazard -2f: The City shall perm it pipeline operators with pipelines and pi peline rights-of-way adjacent to parcels subject to Tentative Map approval to review these maps.
Mitigation Measure Ha zard-2g: Prior to the start of construction on any parcel that includes or is bordered by a pip eline or pipeline right -of-way or easement, the City shall consult with the Rodeo - Hercules Fire Protection District and the operator(s) of affected pipeline(s) r egarding the adequacy of safety procedures for pipeline accidents.
Mitigation Measure Hazard -2h: The City shall consider a requirement tha t sponsor s of residential development notify homeowners of the presence of adjacent or nearby pipelines.
Impact Hazard -3: Development consistent with the proposed Land Use and Circulation Elements Update would ind irectly allow for the potential increased h andling o f hazardous materials and the potential increased generation of hazardous wastes by new industrial and commer cial facilities occupying areas of the City designated and zoned for such uses.
Mitigation Meas ure Hazard -3a: The City shall ensure that u se, stora ge, and handling of hazardous materials by businesses and industries within the project area is done is compl iance with applicable City policies as well as state and local laws, guidelines, and regulations.
Mitigation Measure Hazard-3b: Residents adjacent to new hazardous materials handling facilities shall be notified immediately by the City emergency response o rganizations of any accidental occurrences such as spills, leakages, or eruptions which may affect the health, safety, and welfare of the public.
Mitigation Measure Hazard -3c: New businesses in the project area shall be required to install their temporary hazardous waste storage areas on paved, impermeable surfaces with drainage controls and spill containment features.
Mitigation Measure Hazard-3d: Waste stored temporarily at generator facilities shall be segregated by hazard category and stored in individu al, sealed storage containers. Separate containers shall be used for flammables, acids, bases, poisons, and reactive wastes.
Impact Hazard -6: Transport of hazardous materials and wastes would result indirectly in greater potential for accidents involving hazardous materials.
City of Hercules — 2023-2031 Housing Element Update 76 Negative Declaration July 2022
Mitigation Measure Hazard -6a: For each specific project that would generate hazardous waste, the City shall require as a condit ion of building permit and/or business license approval that the project sponsor prepare a hazardous material transportation program. The transportation program shall identify the location of the new faci lity or use and designate either (1) specif ic routes to be used for transport of hazardous materials and wastes to and from the facility, or (2) specific routes to be avoided during transport of hazardous materials and wastes to and from the facility. Rout es would be selected to minimize proximity to sensitive receptors to the greatest practical degree. Passage through residential neighborhoods should be minimized , and parking of waste haulers on residential streets should be prohibited. The City shall review and approve the applicant’s hazardous ma terial transportation program or, working with the applicant, modify it to the satisfaction of both parties. The City shall require that the applicant provide a copy of the program to the Rodeo -Hercules Fire Prote ction District. Documentation to that effect shall be added to the administrative record.
The GP EIR also found Hazardous Materials Impacts Hazard-4 and -5 to be less than significant and did not recommend any mitigation.
Hercules New Town Center EIR
• Future development within the New Town Cen ter proje ct area could create a significant hazard to the public through the reasonably foreseeable release of hazardous materials into the environment. Adherence to Mitigation Measures HM1 through HM12 reduces this impact to a less -than-significant level. These me asures require additional testing for contaminated materials for a number of parcels within the project area and remediation of hazardous materials if actionable levels of such materials are encountered. Measures HM4 through HM12 deal with future construction activities.
• Development that could occur within the New Town Center zoning district could create a significant hazard to the public or environment due to the presence of a contaminated site within the project area. Adherence to Mitigation M easure HM 7.11 and 12 reduces this impact to a less-than-significant level.
Updated 2009 Redevelopment Plan EIR
• Impact HAZ -1 states that the proposed project could involve hazardous material release during the decommissioning and dismantling of industr ial facil ities within the Hill Town project area. Adherence to Mitigation Measure HAZ -1a, 1b, and 1c reduces this impact to a less-than-significant level. These measures require additional testing of conditions of petroleum storage tanks and other facilities on the site and require appropriate removal and disposal of such material, if found.
• Impact HAZ-2 identifies a potentially significant impact to the public related to an accidental upset or leak from existin g petroleum pipelines through the Hill Town site. Ad herence to Mitigation Measures HAZ -2e through 2h reduces this impact by requiring that no buildings be locate d within pipeline rights -of-way, consultation with the Fire Protection District regarding the a dequacy of safety procedures for the pipeli ne, and future notification of the presence of the pipeline to future residents.
City of Hercules — 2023-2031 Housing Element Update 77 Negative Declaration July 2022
• Impact HAZ -5 notes that site remed iation efforts on the Hill Town site could result in a potentially significant impact due to th e transport of hazardous material on City s treets.
Adherence to Mitigation Measure HAZ -6 reduces this impact by requiring that all remediation plans contain deta iled transportation plans and that such routes avoid school sites.
Bayfront Project EIR. This EIR identified several potentially signifi cant hazardous materials impacts and mitigation measures, as follows:
• Impact 10-1 stated that the project site and vicinity could contain hazardous materials from previous site uses that could pose a hazard to construction workers, employees, visitors , and future residents. Adherence to Mitigation Measure 10 -1 reduces this impact to a less - than significant level by re quiring additional site remediation to County, state , and federal standards, if required.
• Impact 10 -2 noted a potential impact with res pect to asbestos, PCBs and/or mercury.
Adherence to Mitigation Measure 10-2 reduces this impact to a less-than-significant level by requiring future site surveys for these contaminants and remediation of any hazar ds encountered as a result of the survey.
• Impact 10-3 identified an impact with respect to potential exposure of future site occupants and visitors to lead -based paint as a result of building renovations. Adherence to Mitigation Measure 10-3 reduces this impact to a less -than-significant level by requiring safe removal of any lead-based paint in a manner consistent with CalOSHA regulations.
Project Impacts
a) No Impact . Implementation of the proposed Housing Element would not involve any industrial, manufacturing, or similar land uses or act ivities that would use, generate, transport , or store significant quantities of hazardous materials, although it is likely that future housing projects would use and store normal amounts of yard chemicals, paints, solvents, and similar materials . The intent of the proposed updated Housing Element is to encourage construction of new housing in Hercules. No impact is anticipated with regard to this topic.
b) Less than Significant Impact . The proposed HEU anticipates future residential developme nt which is not expected to create hazardous emissions. As identified in the Environmental Setting section, several candidate hous ing sites likely contain some level of hazardous materials as a result of existing or previous uses or activities on that site or sites, incl uding the Hill Town site, portions of the Bayfront site , and portions of the New Town Center project area. Future development on these sites will be required to adhere to mitigation measures set forth in previously certified EIRs for these p rojects that re quire remediation prior to future housing development. This impact is expected to be less-than-significant.
c) Less than Significant Impact . As identified in the Environmental Setting section, several candidate housing sites likely contain some level of hazardous materials as a result of existing or previous uses or activities on that site or sites, including the Hill Town site, portions of the Bayfront site, and portions of the New Town Center project area. The mixed use area of the New To wn
City of Hercules — 2023-2031 Housing Element Update 78 Negative Declaration July 2022
Center site is just within a quarter mile of the Tutu (dance) School Hercules, and the 215 Skelly site is within a quarter mile of the La Casita Bilingue Montessori School, However, f uture development on these sites will b e required to adhere to mitigat ion measures set forth in previously certified EIRs for the projects that require remediation of hazmat conditions prior to future housing development (see discussion under Threshold d below) . With previously recommended mi tigation, t his impact is expect ed to be les s-than-significant and no additional mitigation is required.
d) Less than Significant Impact . A number of the housi ng sites shown on Exhibit 3 contained in this Initial Study are listed on the California Depart ment of Toxic Substances Contro l (DTSC) Cortese List of hazardous sites, including portions of the proposed New Town Center. The New Town Center EIR contains Mitigation Measures HM7, 11 and 12 that reduce this impact to a less- than-significant level. The Bayfront Project EIR contains M itigation Measures 10-1 and 10 -2 that require future remediation of any identified hazardous materials identified on this site. Fu ture residential developers on this site will be required to adhere to these measures. Other fu ture development under the prop osed HEU w ould be required to identify potential impacts related to hazardous materials and incorporate mitigation as appropriate. Therefore, impacts of the HEU relative to this topic are less-than-significant.
e) No Impact. No airports are located near Hercules, so no impacts would result with respect to this topic.
f) No Impact. Future housing units constructed as a result o f updating the Housing Element will be constructed on private lands and will be reviewed by the Hercules Police D epartment and Fire District to ensure that no interference with emergency plans would occur. No impacts are anticipated with regard to this topic.
g) No Impact. All proposed housing sites are located within urban areas and are not desi gnated as subject to wildfire hazards, so there would be no impact with respect to wildland fire hazards.
City of Hercules — 2023-2031 Housing Element Update 79 Negative Declaration July 2022
4.10 Hydrology
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
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 deplete ground water
supplies or interfere substantially with
groundwater recharge such that the
project may impede sustainable
groundwater management of the
basin?
c) Substantially alter the exis ting
drainage patt ern of the site or area,
including through the alteration of the
course of a stream or river, in a
manner that would:
(i) result in subs tantial erosion or
siltation on- or off-site?
(ii) substantially increase the rate or
amount of surface run off in a manner
which would result in flooding on - or
off-site;
(iii) create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater
drainage systems or provide
substantial additional sources of
polluted runoff; or
(iv) 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?
City of Hercules — 2023-2031 Housing Element Update 80 Negative Declaration July 2022
Environmental Setting
Surface water resources. The primary surface water feature in the Hercules planning area is Refugio Creek, a regionally significant perennial creek that, along with several primary tributaries, generally flows westward from the ea st end of Hercules into San Pablo Bay. A number of smaller unnamed creeks are also located within the Hercules planning area.
Drainage facilities . Stormwater fl ows from the urbanized portion of Hercules in a westerly direction, towards San Pablo Bay. Stor mwater flows withi n a combination of regional facilities maintained by the Contra Costa County Flood Control District and localized drainage facilities. Generall y, developed areas of Hercules are served by drainage facilities while drainage on vacant sites is by sheet flow to local streets.
Flood hazard . Flood Insurance Rate Maps (FIRMs), which are prepared by the Federal Emergency Management Agency (FEMA), ident ify potential flood zones. Flood hazards related to storm events generally are described in terms of a 100-year or 500-year flood. A 100-year flood is defined as a major flood event that has a one percent or greater chance of occurring during any one year. Flood hazard planning practices address such storms, as well as 500 -year events. No areas within the City or Sphere of Influence have been identified within 500 -year flood hazard areas. However, certain areas of the City (generally adjacent to creeks) ha ve been identified to be within the 100 -year flood zones. These areas have a one -percent chance of inundation at varying depths . The lower channel of Refugio Creek has had a history of overflowin g and i mprovements to the lower channel in recent years have reduced the potential for flooding both upstream and downstream. Approximately 2,500 linear fee t of Refugio Creek adjacent to the Bayside subdivision was realigned and restored in 2004 . As part of the restoration, the creek was relocated to a new 180-foot wide channel to convey flood flows.
Groundwater recharge areas . The General Plan does not des ignate any areas of the commun ity for groundwater recharge. However, runoff that is not collected by local storm drains and remains on vacant land or on per vious surfaces in developed areas can eventually percolate back into the local groundwater.
Coastal waters and seiche or tsunami potential. Housing located in the proposed Bayfront deve lopment project is located adjacent to San Pablo Bay. Portions of the bayf ront area have been identified by the Association of Bay Area Governments (ABAG) as being subje ct to tsunami effects (source:
https://abag.ca.gov/our-work/resilience/data-research/tsunami-additional-hazards).
Impacts and Mitigation Measures from Previous EIRs
Potentially significant impacts and mitigation measures included in previously certified CEQA documents analyzing hydrology impacts are listed below.
General Plan EIR. The GP EIR identified the followin g potentially significant hydrology or water quality - related impacts and four mitigation measures that would reduce impacts to less than significant levels:
Impact Hyd rology-1: Development consistent with the proposed Land Use and Circulation Elements Update would place stru ctures and an increased population in areas already s ubject to 100 -year flooding from Refugio Creek and from coastal storms. Additionally, construct ion of new impermeable surfaces could increase runoff and contribute to flooding.
City of Hercules — 2023-2031 Housing Element Update 81 Negative Declaration July 2022
Mitigation Measure Hydrology-1a: The City shall review and refine, as necessary, its master Drainage Plan, including specifics for drainage on individual parcels (except thos e such as parcel 6 which already have drainage infrastructure), prior to approval of an y development in the study area. This is an important measure since new drainage and pollution prevention and control infrastructure would have to be built to accommodate the increase in runoff.
Mitigation Measure Hydrology-1b: For each new development project, runoff increase calculations for the parcel at full buildout should be measured against estimates of existing runoff to ensure that no flooding will result.
Impact Hydrology-2: Development under the Land Use and Circulation Elements Update could res ult in increased non-point source and point-source pollution of surface waters from construction activity and vehicle use.
Mitigation Measure Hydrology-2a: Develop a Master Water Quality Control Plan for the City, including measures to clean up existing co ntaminated water resources in various parcels, to identify and remove or m itigate existing sources of pollution, and to develop ways of preventing further pollution such as specific water treatment policies for industries and retention basins for surface r unoff suspected of carrying roadway pollutants. Such a plan must be approv ed by the City Engineer and should be reviewed by the Regional Water Quality Control Board and State Department of Water Resources for correctness and thoroughness, prior to implementation.
Mitigation Measure Hydrology-2b: Develop a set of best management practices (BMPs) for developer to follow:
• Use of stormwater retention or detention structures;
• The use of oil and water separators; and
• The use of sediment traps.
Particles of sedim ent absorb many of th e heavy metal pollutants from automobile exhaust, as well as trapping oil and grease within their pores. Through the use of water separators and sed iment traps, in conjunction with settling basins, many of the pollutants could be removed.
Hercules New Town Center EIR
• Future development within the New Tow n Center project area could alter existing drainage plans within the project area, including st ream courses, and could also increase the rate or amount of surface runoff in a manner t hat would result in on- or off-site flooding. Adherence to Mitigation Meas ure WQ1 reduces this impact to a less -than-significant level by requiring future developers in the New Town Center project to prepare hydrology analyses to ensure that no net increase in stormwater flow into the City’s drainage system would occur.
• Development that could occur in the New Town Center zoning district could place future housing withi n a 100 -year flood hazard area or could impede or redirect flood flows.
Adherence to Mitigation Mea sures WQ2 and WQ3 reduced this impact to a less -than- significant level by requiring future developers of individual projects to submit reports delineating 1 00-year flood plains near the project site and, if necessary, submitting final development plans dem onstrating that finished floor elevations would be at least 1 -foot above the 100-year flood hazard area.
City of Hercules — 2023-2031 Housing Element Update 82 Negative Declaration July 2022
• Development proposed in the Market Town project could violate water quality standards and waste discharge requirements. Adherence to Mitigation Mea sure WQ4 reduces this impact to a less -than-significant level by requiring future Market Town developer (s) to submit a Stormwater Management Plan to the Her cules Public Works Department demonstrating that applicable C.3 water quality standards will be met.
• The proposed Market Town development could create or cont ribute stormwater runoff that would exceed the capacity of existing and planned drainage system s or could result in substantial sources of polluted runoff. Adherence to Mitigation Measure WQ1 reduces this impact to a less-than-significant level.
Updated 2009 Redevelopment Plan EIR
• Impact Hyd-2 states that the proposed project would alter the dra inage pattern of the west branch of Refugio Creek on the Sycamore Crossing site. There could also be potentially significant impacts flooding impacts with respec t to proposed drainage facilities as part of the Hill Town project site. Adherence to Mitigatio n Measure HYD-2 reduces this impact to a less-than-significant level. This measure req uires future d evelopers of the Hill Town and Sycamore Crossing projects to prepare hydrology reports calculating anticipated peak stormwater flows and to identify existin g or planned stormwater facilities to accommodate this drainage.
• Impact Hyd-3 identifies a potentially significant impact with respect to placement of housing in a portion of Sycamore Crossing site within a 100 -year flood hazard area. This could also redirect floodwater flows. Adherence to Mitigation Measures HYD-3 reduces this impact to a less-than-significant level by prohibiting development in a 100 -year flo od hazard area.
Future developers may be required to obtain Letters of Map Revisions from the F ederal Emergency Management Agency (FEMA) to remove affected properties from a flood hazard area by requiring: that no buildings be located within pipeline right s-of-way; consultation with the Fire Protection District regarding the adequacy of safety proce dures for the pipeline; and future notification of the presence of the pipeline to future residents.
Bayfront Project EIR . This EIR identified several potentia lly significant hydrology and water quality impacts and mitigation measures, as follows:
• Impact 11 -1 noted that surface water pollutants associated with project grading and construction cou ld significantly degrade waters in Refugio Creek and ultimately into San Pablo Bay. Adherence to Mitigation Measure 11 -1 reduces this impact to a less -than- significant level by requiring project compliance with City, regional, and state water q uality standards, including preparation of a Stormwater Pollution Preventio n Plan (SWPPP), to minimize runoff of polluted runoff into off-site surface waters.
• Impact 11-2 identified an impact with respect to project related dredging on Refugio Creek water quality. Adherence to Mitigation Measure 11 -2 reduces this impact to a l ess-than- significant level by requiring the project applicant to obtain a dredging and disposal permit from the U. S. Army Corps of Engineers. Conditions of permit typically require a sampling plan and removal of polluted sediments from dredge spoils, if any are identified.
City of Hercules — 2023-2031 Housing Element Update 83 Negative Declaration July 2022
• Impact 11 -3 stated that on -going operational activities associated with t he project could increase the level of contaminants in local waters as a result of sto rmwater runoff and use of chemicals. Adherence to Mitigation Measure 11 -3 reduces this impact to a less -than- significant level by requiring the project applicant to prepa re a Stormwater Pollution Prevention Plan.
• Impact 11 -4 noted that the proposed proj ect could pl ace housing within a 100 -year flood hazard area and could place improvements in a location that would redirect or impede floodwaters. Adherence to Mitigation Measure 11 -3 reduces this impact to a less -than- significant level by requiring future project hous ing to be located a minimum of one foot above the 100-year flood elevation and detailed analyses to ensure that future development does not contribute to downstream flooding.
• Impact 11 -5 noted that the proposed construction of the Intermodal Transit Cen ter could exceed the capacity of Refugio Creek to receive incre ased stormwater flows. Adherence to Mitigation Measure 11-5 reduces this impact to a less-than-significant level by requiring that Refugio Creek flows be monitored to ensure that future flooding will not be significant.
Regulatory Framework
Contra Costa Clean Water Program. The City of Hercules participates with all of the other incorporated cities in Contra Costa County and the Contra Costa County Flood Control and Water Conservat ion District in the Contra Costa Clean Water Program. The Clean Water Progra m holds a joint Municipal NPDES permit from the Regional Water Quality Control Board to comply with the Clean Water Act.
Hercules General Plan . The General Plan contains several p olicies addre ssing hydrology and water quality, as follows.
The Growth Mana gement Element contains Performance Standard III.E.7, which reads: “All new structures shall be located outside the Flood Zones A and B, as designated by the Flood Insurance Rate Maps; or ensure that the finished floor elevation is at least one foot above the flood elevation as determined by FEMA. Development of any property shall not significantly increase the flooding potential at downstream areas, or otherwise significantly impac t or aggravat e a flooding problem at downstream properties.”
The Seismic Safety/Safety Element contains the following applicable policies:
• Refugio Creek Channel should b e improved for existing drainage so that adequate capacity for expected flood flow is provided (Policy C.2.e.1).
• The City should develop ordinances and enforceme nt mechanisms which preserve, develop and maintain existing drainage courses (Policy C.2.e.2). • Review of any significant project proposals for areas which are not presently in fl ood zones should include an evaluation of increased downstream flows resulting from the project ( Policy C.2.e.3).
• Finished floor elevations of all developments must be one f oot above the 100 -year flood elevations prescribed on the Flood Insurance Rate Map (Policy C.2.e.4).
City of Hercules — 2023-2031 Housing Element Update 84 Negative Declaration July 2022
Project Impacts
a) Less than Significant Impact. Construction of new dwellings anticipated in the updated Housing Element have been included in the cur rent Hercules General Plan and incorporated into local agency water quality planning by the City and the Bay Area Regional Water Quality Control Board; this HEU does not propose any increase in the density/intensity of general plan land use designations. The issues of exceeding water quality standards and waste discha rge requirements have also been previously analyzed in earlier CEQA documents identified in the Ea rlier Analysis section of this Initial Study.
The updated Housing Element would result in con struction on currently vacant or underutilized properties. This construction could result in a greater quantity of stormwater runoff as a result of increasing the amount of impervious surfaces. The City of Hercules enforces Best Management Practices (BMPs) included in the Contra Costa Clean Water Plan to minimize silt ation and erosion from individual sites. These include both construction and post -construction BMPs, including but not limited to requiring installation of silt fences and straw bales on constr uction sites and frequent sweeping of parking areas, covering o f solid waste dumpsters, and oth er post -construction measures. Implementation of BMPs is required for all new development, so there would be no significant impacts from altered drainage patterns.
In addition, mitigation measures included in the Bayfront Project EIR, the New Town Center EIR, and the Hercules Updated 2009 Redevelopment Plan EIR require that each of these projects limit polluted stormwater runoff to a less-than-significant level.
The City of Hercules requires all individual development pro jects, including future housing development projects facilitated as a result of an updated Housing Element, to meet Best Management Practices to ensure that water quality would be protected. Be st Management Practices are described above in Section 8c of th is Initial Study. A less -than-significant impact is anticipated with regard to this topic.
As out lined above, i mplementation of the updated Housing Element would not exceed waste discharge req uirements imposed on the City by the Regional Water Quality Con trol Board.
Impacts related to this topic would therefore be less-than-significant.
b) No Impact . Implementation of t he HEU would result in the construction of additional dwelling units, however, they would be within the levels of growth prev iously estimated for the City. The primary source of water to dwellings is imported surface water supplied b y the East Bay Municipal Utility District (EBMUD) that does not rely on local g roundwater. Ther efore, there would be no impacts related to lowering of the water table or reducing the amoun t of groundwater recharge areas.
c) Less than Significant Impact . Future development according to the HEU is not expected to change overall drainage patte rns wit hin the City as evaluated in the General Plan EIR and previous environmental documents. In addition, onsite and offsite drainage will be evaluated when future development is proposed on specific sites based on conditions at that time.
City of Hercules — 2023-2031 Housing Element Update 85 Negative Declaration July 2022
A number of housing sites in the City are located within a 100 -year flood hazard area , including housing sites within the 2009 Redevelopment Plan area. Adherence to Mitigation Measur e HYD-3 reduced this impact to a less -than-significant level. F or the Bayfront Project, adheren ce to Mitigation Measures 11 -4 and 11 -5 reduces flooding impacts to a less -than-significant level. For other potential developments that could occur as identifie d in the updated Housing Element, adherence to Policies C.2.e.3 and C.2.e.4 will ensure that ho using would not be placed in flood hazard areas. Furthermore, proposed Housing Element Pro gram 1A.7 requires essential public facilities to be placed outside of flood and fire hazard areas, where possible, or to be construct ed to prevent damage to those fa cilities where those hazards may occur. Impacts will be less than significant with implementation of existing and proposed regulatory and policy requirements.
d) Less than Significant Impact . Based on dam inundation maps prepared by the Association of Bay Area Governments, no portions of Hercules are subject to dam inundation (source:
http://quake.abag.ca.gov/dam-failure/). Impacts related to seiche, tsunami and/or mudflows would be less-than-significant. In terms of tsunami and seiche incidents , many of the potential housing sites are l ocated well inland from any major bodies of water , thus tsunami an d seich e impacts would be minimal . For the proposed Bayfront project, future development would be prot ected by the existing railroad tracks located between the Bayfront project site and San Pablo Bay.
Construction on the Sycamore and Bayfront III sites is also su bject to applicable policies contained in the Growth Management Element Performance Standard II I.E.7 and Safety Element Policies C.2.e.1 through C. 2.e.4 that would reduce any potential impacts related to inundation to less-than-significant levels.
Regarding the potential for mudflows, many of the housing sites are located on relatively flat areas of the community so that no impact would occur with respect to this topic. For potential housing sites located on areas of steeper topograph y, such as Hill Town, the City of Hercules requires geotechnical studies as a normal and customary part of the develo pment review process to minimize any significant mudflow impacts. This impact is anticipated to be less-than-significant.
e) Less Than Significant Impact. The d iscussion under Threshold ( a) above demonstrates the HEU would not have significant impacts rel ative to regional water quality plans. In addition, the discussion under Threshold (b) i ndicates the primary source of local water is imported surface water supplied by the East Bay Municipal Utility District (EBMUD) that does not primarily rely on local groundwater. Therefore, future housing under the HEU would have no significant impact on local groundwater supplies or groundwater planning activities in this portion of the Bay Area.
City of Hercules — 2023-2031 Housing Element Update 86 Negative Declaration July 2022
4.11 Land Use
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Physically divide an established
community?
b) Cause a significant environmental
impact due to a conflict with any land
use plan, policy, or regulation
adopted for the purpos e of avoiding
or mitigating an environmental effect?
Environmental Setting
Existing uses, General Plan and land use designations for identified housing sites include:
• Refugio Senior Housing. This 1.3 -acre development site is currently vacant and is planned for Residential Multi-Family/Low Density.
• Bayfront Project . The Bayfront project s ite is currently vacant and is zoned as Historic Town Center.
• Hill Town. The Hill Town project site —a former industrial but currently vacant site —is planned and zoned for Planned Commercial–Residential land uses.
• New Town Center . This site is parti ally developed with light industrial uses and the Hercules Transit Center. The Hercules General Plan and zoning ordinance desig nate this site as New Town Center.
None of the above sites are included within a Habitat Conservation Plan or Natural Community Conservation Plan.
Impacts and Mitigation Measures from Previous EIRs
The previous EIRs did not identify any significant land use impacts specifically related t o their projects and did not recommend any mitigation measures.
Regulatory Framework
The State gives local jurisdictions control over land uses within their boundaries through preparation and implementation of their General Plan and zoning documents and maps.
City of Hercules — 2023-2031 Housing Element Update 87 Negative Declaration July 2022
Project Impacts
a) No Impact. Construction of future dwellings and associated housin g units under the updated Housing Element would proceed under guidance by the Hercules General Plan and other applicable land use regulatory documents and would not physically divide any established communities. No impacts are anticipated.
b) No Impact. The Housing Element Update includes potential housing opportunity sites that could allow approximately 2,0 69 units as outlined in Section 2.8 and Table 4 to comply with the State’s current housing goals (i.e., as demonstrated by the City’s current RHNA). No amendments are required to the Hercules General Plan and no rezonings are required to allow construction of the anticipated dwellings to comply with RHNA . Futur e housing developments anticipated in the updated Housing Element may be required to obtain subdivision maps, conditional use permits, building permits, and potentially other permits from the City of Hercules. No impacts are anticipated with respect to this topic.
4.12. Mineral Resources
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) 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?
b) Result in the loss of availability of a
locally important mineral resource
recovery site delineated on a local
general plan, specific plan or other
land use plan?
Environmental Setting
Based on the Open Space and Conserv ation Map of the Hercules Gene ral Plan and related State3 mapping, no significant mineral resources exist on any of the identified housing sites.
Impacts and Mitigation Measures from Previous EIRs
The previous EIRs did not identify any significant mineral resource-related impacts an d did not recommend any mitigation measures.
3 California Department of Conservation (DOC), Division of Mines and Reclamation (DMR), and California Geological Survey (CGS) Mineral Land Classification Map (MLC) studies (https://maps.conservation.ca.gov/mineralresources/)
City of Hercules — 2023-2031 Housing Element Update 88 Negative Declaration July 2022
Regulatory Framework
The State Surface Mining and Reclamation Act (SMARA) gives local jurisdicti ons the ability to identify and plan land uses to accommodate important mineral resour ces within their boundaries through preparation and implementation of their General Plan.
Project Impacts
a, b) No Impact. The General Plan notes no deposits of miner als on any of the housing sites, and thus no impacts would result.
City of Hercules — 2023-2031 Housing Element Update 89 Negative Declaration July 2022
4.13 Noise
Would the project result in:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
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 s tandards
established in the local general plan
or noise ordinance, or applicable
standards of other agencies?
b) Generation of excessive groundborne
vibration or groundborne noise
levels?
c) 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 public use
airport, would the project expose
people residing or working in t he
project area to excessive noise
levels?
Environmental Setting
Noise can be defined as unwanted sound and is commonly measured with an instrument called a sound level meter. The sound level meter “captures” sound with a microphone and converts it into a number called a sound level. Sound levels are expressed in units of decibels (dB).
To correlate the microphone signal to a level that corresponds to the way humans perceive noise, the A- weighting filter is used. A -weighting de-emphasizes low-frequency and very high -frequency sound in a manner similar to human hearing. The use of A -weighting is required by most local agencies as well a s other federal and state noise regulations (e. g., Caltrans, EPA, OSHA, and HUD). The abbreviation dBA is often used when the A-weighted sound level is reported.
Because of the time-varying nature of environmental sound, there are many descriptors that are used to quantify the sound level. Although on e individual descriptor alone does not fully describe a particular noise environment, taken tog ether, they can more accurately represent the noise environment. There are four desc riptors that are commonly used in environmental studies; the L max, L eq, L 90 and DNL (or CNEL).
City of Hercules — 2023-2031 Housing Element Update 90 Negative Declaration July 2022
The maximum instantaneous noise level (L max) is often used to identify the loudness of a single event such as a car pass -by or airplane flyover. To express th e average noise level, the L eq (equivalent noise level) is used. The Leq can be measured over any length of time but is typically reported for periods of 15 minutes to 1 ho ur. The background noise level (or residual noise level) is the sound level during t he quietest moments. It is usu ally generated by steady sources such as distan t freeway traffic. It can be quantified with a descriptor called the L90 which is the sound level exceeded 90 percent of the time.
To quantify the noise level over a 24 -hour peri od, the Day/Night Average Soun d Level (L dn/DNL) or Community Noise Equivalent Level (CNEL) is used. These descriptors are averages like the L eq except they include a 10 dBA penalty for noises that occur during nighttime hours (and a 5 dBA penalty during evening hours in the CNEL) to account for people’s increased sensitivity during these hours.
In environmental noise, a change in the noise level of 3 dBA is considered a just noticeable difference. A 5 dBA change is clearly noticeable, but not dramatic. A 1 0 dBA change is perceived as a halving or doubling in loudness.
Existing noise sources
The Noise Element of the Hercules General Plan identifies two major sources of noise in the community.
These include:
• Vehicular (mobile) sources. The most signific ant mobile noise sources inclu de vehicles traversing the I -80 corridor through Hercules, vehicles using State Route 4 , and vehicles using San Pablo Avenue between State Route 4 and Sycamore.
• Railroad noise. Trains using main rail lines through Hercules generate a significant amount of noise on adjacent properties. Main railroad lines include the Union Pacific tracks along the east side of San Pablo Bay and the BN&SF line through eastern Hercules.
The Noise Element notes that vehicles traversing other r oadways in Hercules generate mo derate to minor noise levels.
Sensitive noise receptors. Sensitive noise receptors are considered to be residential uses, schools, hospitals, parks, and similar uses.
Airports and airstrips. No public airports or private airstrips are located near the Project area.
Impacts and Mitigation Measures from Previous EIRs
Potentially significant impacts and mitigation measures included in previously certified CEQA documents assessing noise impacts are listed below.
General Plan EIR. The GP EIR identified th e following potentially significant noise -related impacts and eight mitigation measures that would reduce impacts to less than significant levels:
Impact Noise-1: Development consistent with the proposed Land Use and Circulation Elements Update would result in temporary noise impacts related to construction activities.
City of Hercules — 2023-2031 Housing Element Update 91 Negative Declaration July 2022
Mitigation Measure Noise-1a: For construction near sensitive receptors, require that noisy construction activities be scheduled for periods, such as between 8 a.m. and 6 p.m. on weekdays and 9 a.m. and 6 p.m. on Saturday, when loud noise s would have the least impact on adjacent residents or other sensitive receptors.
Mitigation Me asure Noise -1b: Develop a construction schedule that minimizes potential cumulative construction noise impacts and accommodates particularly noise-sensitive periods for nearby land uses (e.g., for schools, churches, etc.).
Mitigation Measure Noise-1c: Where feasible require that holes for driven piles be pre-drilled to reduce the level and duration of noise impacts.
Mitigation Measure Noise -1d: Where feasible cons truct temporary, solid noise barriers between source and sensitive receptor(s) to reduce off -site propagation of construction noise. This measure could reduce construction noise by up to five decibels.
Mitigation Measure Noise -1e: Require internal combusti on engines used for construction purposes to be equipped with a properly operating muffler of a type recommended by the manufacturer. Also, require impact tools to be shielded per manufacturer's specifications.
Impact Noise-2: Development consistent with the proposed Land Use and Circulation Elements Update would result in a long-term increase in traffic noise levels along the City road network.
Mitigation Measure Noise -2a: The City shall limit truck traffic to between 7:00 am and 6:00 pm and prohibit heavy-duty diesel trucks on Hercules Avenue.
Impact Noise -3: Noise from stationary sources developed under the Land Use and Circulation Elements Update could raise ambient noise levels above City standards.
Mitigation Measure Noise -3a: As discussed in Impact No ise-1, the City could revise the Municipal Code to include a Noise Ordinance. The Noise Ordinan ce would encourage the scheduling of noisy activities during normal business hours so that they would have the least interrupting and intrusive effect at nearby residential land uses.
Impact Noise -4: New roads developed under the Circulation Element Update would increase noise levels along the new alignments.
Mitigation Measure Noise -4a: The City shall post signs proh ibiting trucks from using the proposed Claeys Road extension, except for local deliveries. All other trucks shall be required to use Sycamore Avenue to reach the Claeys Road/SR 4 interchange.
Impact Noise-5: Development consistent with the proposed Land Use and Circulation Elements Update would expose future noise -sensitive land uses to traffic and railroad noise above the City’s recommended standards.
Mitigation Measure Noise-2a above.
Hercules New Town Center EIR
• Future development within the New Tow n Center project area could result in temporary noise and vibration levels on adjacent sensitive noise receptors. Adherence to Mitigation Measure NOI1 reduced this impact to a less -than-significant level by requiring future developers in the New Town Cente r near sensitive noise receptors to undertake a number of noise reduction measures, including but not limited to reducing construction vehicle
City of Hercules — 2023-2031 Housing Element Update 92 Negative Declaration July 2022
noise, outfitting construction equipment with mufflers, locating stationary noise sources away from stationary re ceptors, locating material stockpiles away from sensitive receptors, and identifying a project liaison to resolve any noise complaints.
• Development that could occur under the New Town Center Plan could result in on-site noise levels in excess of City n oise standards. Adherence to Mitigation Measure s NOI2 and NOI3 reduces this impact to a less -than-significant level by requiring future develo pers of individual projects adjacent to the I -80 corridor , SR 4 , and the Union Paci fic Railroad to prepare site -specific acoustic analyses to ensure that interio r and exterior City noise standards are met. Adherence to Mitigation Measure NOI6 requires futu re developers to include sound transmission class specifications for future buildin g construction. Mitigation Measure NOI7 requires residential buildings located along SR 4 and San Pablo Avenue require mechanical ventilation systems to be installed.
• Development proposed in this project area could result in an increase in ambient noise due to generation of on -site stationary noise sources. Adherence to Mitigatio n Measures NOI4 and NOI5 reduces this impact to a less -than-significant level by requiring futu re developers to locate mechanical noise sources away from sensitive noise receptor areas and by depressing the el evation of commercial loading docks near reside ntial areas or locating docks in an internal building bay.
Updated 2009 Redevelopment Plan EIR
• Impact Noise -2 found that future residents of the Sycamore Crossing and Hill To wn sites would be subject to no ise from adjacent roadways and other sources th at could exceed State noise compatibility guidelines. Adherence to Mitigation Measures NOI -1 an d NOI -2 reduces this impact to a less -than-significant level. These measures requir e that future developers within the project area prepare design -level noise st udies to ensure that future residences will not be subject to noise levels in excess of City in door and outdoor standards.
• Impact Noise -3 noted that future development in this project are a has the potential to temporarily increase noise levels during co nstruction as well as ground vibration.
Adherence to Mitigation Measures NOI -3a through 3e reduces this impact to a less -than significant level by requiring: scheduling of noise -generating activities to limit impacts to sensitive noise receptors; schedulin g of construction activities to minimize noise impacts; predrilling of foundation pilings; plac ement of solid noise barriers near noise receptors if future noise would exceed 70 dB CNEL; and outfitting interna l combustion -powered equipment with mufflers.
Bayfront Project EIR . This EIR identified several potentially significant noise impacts and mi tigation measures, as follows:
• Impact 13 -1 found an impact with respect to co nstruction period noise. Adherenc e to Mitigation Measure 13 -1 reduces this impact to a less -than significant level by requiring a number of specific noise minimization methods , including but not limited to scheduling of
City of Hercules — 2023-2031 Housing Element Update 93 Negative Declaration July 2022
major noise -producing activities during mid -day periods, muffl ing con struction equipment, installation of temporary noise barriers, and appointment of a noise disturbance coordinator.
• Impact 13-2 identified an impact with respect to exposure of future development residents, visitors, and employees to excessive interior n oise levels. Adherence to Mitigation Measure 13-2 reduces this impact to a less -than-significant level by requiring site -specific acoustic analysis for future projects in the Bayfront project to ensure that City and state i nterior noise limits are met.
• Impact 13-3 identified an impact with respect t o exposure of future development residents, visitors, and employees to excessive exterior noise levels. Adherence to Mitigation Measure 13-3 reduces this impact to a less-than significant level by requiring that the future retaining wall/noise barrier be c onstructed to adequately reduce outdoor noise levels. If the retaining wall is not constructed first, to shield other structures from outdoor noise, acoustic analyses are requi red to identify specific methods to reduce noise to acceptable levels. These measures are to be included in the project.
• Impact 13-4 noted an impact with respect to exposur e of future development to excessive groundborne vibration that would exceed stan dards. Adherence to Mitigation Me asure 13-4 reduces this impact to a less -than-significant level by requiring construction techniques for project residences to minimize vibrat ion, including but not limited to restricting span lengths and joist depths and installing vibration-resistant stiffeners.
Regulatory Framework
The Noise Eleme nt of the City of Hercules General Plan contains guidelines to promote land uses that are compatible with the local noise environment. The Noise Element goals and policies that would apply to the HEU are as follows:
Appropriate interior noise levels in commercial, industrial and office buildings are a function of the use of space and shall be evalu ated on a case -by-case basis. Interior noise levels in offices generally should be maintained at 45 dBA Leq (hourly average) or less (Policy 1).
New non-residential land development projects shall meet acceptable exterior noise level standards set forth in Table 1 of the Noise Element. The noise contour map in the General Plan (on fil e at City Hall) shall be used to screen projects to determine if acoustical studies will be required (Policy 2).
Protect existing noise-sensitive land uses from long -term noise impacts generated by new projects. The City shall use the following criteria to judge the significance of long-term noise impacts on existing noise- sensitive land uses:
• Noise level increases resulting from traffic associated with new projects will be considered significant if: (I) the noise level increase is 5 dBA L dn or greater and the future noise level is less than 60 dBA Ldn; or (2) the noise level increase is 3 dBA Ldn or greater and the future noise level is 60 dBA Ldn or greater.
• Noise levels pr oduced by stationary sources associated with new projects will be considered significant if they exceed the noise level standards set forth in Table 2 of the Noi se Element as measured at any affected noise-sensitive land use.
City of Hercules — 2023-2031 Housing Element Update 94 Negative Declaration July 2022
• Noise levels produced by other noise sources (such as ball fields, etc.) will be considered significant if an a coustical study demonstrates that a significant adverse community response would occur. The criteria to judge the significance of the community response would be based on acce ptable analysis techniques such as the International Standards Organization’s “Assessment of Noise with Respect to Community Response, ISO R-1996-l971” (Policy 3).
Noise created by commercial or industrial sources associated with new projects or developmen ts shall be controlled so as not to exceed the noise level standards set forth in Table 2 as measured at any affected residential land use (Policy 4).
Project Impacts
a) Less than Significant Impact. Construction of future dwellings in Hercules under the auspices of the updated Housing Element could be located on sites in modera te to high noise level areas of the community, including but not limited to sites adjacent to I -80, SR 4, San Pablo Avenue, and other major roadways. Future housing units on tho se sites could expose future residents to noise levels in excess of noise stand ards established in the Noise Eleme nt of the General Plan. Other noise sources in the community include noise from railroad operations and stationary noise sources associated with on-site land uses and activities.
Future residential development in Hercul es resulting from implementation of an updated Housing Element could cause a tempo rary increase in ambient noise levels as a result of construction activities, including but not limited to demolition of existing structures (if needed), site grading and preparation, and construction activiti es. Adherence to exterior and interior noise st andards established in the Noise Element would reduce permanent noise impacts from future housi ng projects on sites identified in the updated Housing Element to a less-than-significant level.
A number of nois e Mitigation Measures have been adopted as part of previously certified CEQA documents for development projects that include identified housin g sites. These measures, which are described above, will be applied to site -specific housing developments to reduc e impacts related to exposure of noise levels above General Plan standards to a less-than-significant level.
b) Less than Significant Impact. For most future housing projects identified in the updated Housing Element, it is unlikely that construction of future housing units allowed under an updated Housing Element would result in significant levels of vibration, since normal construction methods would be used. For the proposed Bayfront project, adherence to Mitigation Measure 13-4 reduces potential impacts related to groundborne vibration to a less -than-significant level. Overall, this impact is expected to be less-than-significant.
c) No Impact. No housing sites are located near or within the land use plan of a public or private airport, airfield, or airstrip. No impacts are anticipated with respect to this topic.
City of Hercules — 2023-2031 Housing Element Update 95 Negative Declaration July 2022
4.14 Population and Housing
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Induce substantial population growth in
an area, either directly (for example, by
proposing new homes and businesses) or
indirectly (for example, through extension
of roads or other infrastructure)?
b) Displace substantial numbers of existing
housing, necessitating the construction of
replacement housing elsewhere?
Environmental Setting
The City of Hercules is a diver se community, consisting of a mix of residentia l, commercial, light industrial, research and development, and civic uses, schools, parks, open spaces, and road rights -of- way. The City had an estimated population of 26,016 in 2020. Existing uses, General Plan and land use designations for identified housing sites include:
• Refugio Senior Housing . This 1.3-acre development site is currently vacant and is planned fo r Residential Multi-Family/Low Density.
• Bayfront Project . The Bayfront project site is current ly vacant and is zoned as Historic Town Center.
• Hill Town. The Hill Town project site —a former industrial but currently vacant site —is planned and zoned for Planned Commercial–Residential land uses.
• New Town Center . This site is partially developed with light industrial uses and the Hercules Transit Center. The Hercules General Plan and zoni ng ordinance designate this site as New Town Center.
Impacts and Mitigation Measures from Previous EIRs
The Gener al Plan EIR concluded that impact Population-1 would be less than significant and no mitigation was required. The other previous EIRs did not identify any significant impacts specifically related to population and housing impacts were determined to be less than significant and did not recommend any mitigation measures.
City of Hercules — 2023-2031 Housing Element Update 96 Negative Declaration July 2022
Regulatory Framework
The State gives local jurisdictions control over land uses within their boundaries through preparation and implementation of their General Plan and zoning documents and maps. There are no regulations that specifically apply to population, but the draft updated Housing Element of the City of Hercules General Plan contains goals to promote stability o f existing neighborho ods and the City’s resident population.
Key goals include:
• Assist in the provision of housing tha t meets the needs of all socioeconomic segments of the community (Goal 1.0).
• Conserve and improve the condition of the existing housing stock, especially affordable housing (Goal 2.0).
• Provide suitable sites for housing development which can accommodate a range of housing by type, size, location, price, and tenure (Goal 3.0).
Project Impacts
a) No Impact. Residential development that could be facilitated as a result of adopting and implementing an updated Housing Element would not cause substantial popula tion growth in Hercules, since anticipated dwellings are currently included in the buildout projections of the Hercules General Plan.
The 1998 General Plan originally estimated the City would have a population of 25,100 persons after its planning horizon o f 20 years so around 2018 . The U .S. Census Burea u (USCB) estimated the City’s 2018 population at 25,601 residents and currently estimates it at 26,091 residents. Similarly, the 1998 General Plan estimated the City would have a total of 8,490 units after 20 years, while the USCB estimates the City’s current (2021) housing stock is 8,554 units and 8,135 households. Therefore, the City’s current population and housing figures are relatively consistent with the estimates originally made in the 1998 General Plan.
Beyond 2020, ABAG’s growth forecasts from their 2020 Plan Bay Area for the City are shown in Table 10 (note the 2020 Plan has a planning horizon of 2050 but growth projections are only through 2040).
City of Hercules — 2023-2031 Housing Element Update 102 Negative Declaration July 2022
Table 10
2020 Plan Bay Area Forecasts
ABAG Projections1 2010 2015 2020 2025 2030 2035 2040 Change2 2010-2040
Total Households
City of Hercules
Contra Costa County
8,115
368,585
8.495
386,755
8,650
399,615
8,800
422,435
8,900
440,765
8,900
461,065
9,655
475,390
+19.0%
+29.0%
Total Population
City of Hercules
Contra Costa County
23,680
1,036,970
24,665
1,093,170
25,135
1,128,660
25,530
1,198,715
25,820
1,257,790
26,155
1,329,330
28,700
1,387,295
+21.2%
+33.8%
Persons/Household
City of Hercules
Contra Costa County
2.91 2.79
2.90 2.80
2.90 2.80
2.89 2.81
2.90 2.83
2.93 2.86
2.96 2.89
+1.7%
+3.6%
Total Jobs
City of Hercules
Contra Costa County
4,955
352,290
5,245
406,130
5,280
414,290
5,365
423,845
5,500
458,255
5,615
483,810
5,420
498,115
+9.4%
+41.1%
Jobs/Housing3
City of Hercules
Contra Costa County
0.61 0.96
0.62 1.05
0.61 1.04
0.61 1,00
0.62 1.04
0.63 1.05
0.56 1.05
-8.2%
+9.4%
Total Households
City of Hercules
Contra Costa County
8,115
368,585
8.495
386,755
8,650
399,615
8,800
422,435
8,900
440,765
8,900
461,065
9,655
475,390
+19.0%
+29.0%
Source: Plan Bay Area 2040, Projections 2040, Association of Bay Area Governments, July 2017 1 2010 value from pre-run microdata that most closely approximates the 2010 federal Census data 2 Arithmetic Average = 2040 value minus 2010 value then divided by 2010 value (result in percent) 3 Total Jobs divided by Total Households
City of Hercules — 2023-2031 Housing Element Update 103 Negative Declaration July 2022
It should be noted the ABAG growth estimates do not specifically take into account the current RHNA allocation, so the ABAG forecasts may underestimate anticipated po pulation and housing growth for the City. The additional 2,069 residential units expected under the HEU would generate approximately 6,323 new City residents bas ed on a n assumed occupancy of 3.05 persons per unit from the 2020 U.S. Census Bureau Factsheet for the City (USCB 2022 ). If those new residents are a dded to the 2020 City population, they exceed the ABAG projection for either 2025 or 2030.
In addition , any potential significant growth inducement has been assessed in previously certified CEQA documents for identified housing sites. Therefore, no significant population or housing impacts at a programmatic level are anticipated from implementation of the proposed HEU.
b) No Impact Adoption of the updated Housing Element and construction of residences pursuant to the updated Housing Element would lik ely not displace people and residential dwellings since a majority of the sites are currently vacant or portions of the sites have already been developed with relatively new housing units. No impacts are anticipated.
City of Hercules — 2023-2031 Housing Element Update 104 Negative Declaration July 2022
4.15 Public Services
Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, 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 ot her performance objectives for any of the public services:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Fire protection?
b) Police protection?
c) Schools?
d) Parks?
e) Other public facilities?
Environmental Setting
Public services to the City of Hercules are provided as follows:
• Fire Protection. Fire protection services are provided by the Rodeo –Hercules Fire Protection District, an independent district formed in 1937 that provides fire suppression, rescue, emergency m edical, and hazardous material response to the City of Hercules and the unincorporated community of Rodeo. The District is headquartered at 1680 Refugio Valley Road in Hercules, which is als o the location of Station 76, the closest station to the Project a rea.
Station 76 is staffed by a fire captain, an engineer , and one firefighter/p aramedic. The District maintains an automatic aid agreement with the Crockett –Carquinez Fire Protection Distri ct to the east.
• Police Protection. Police and security protection is provided by the Hercules Police Department, headquartered at the Hercules Civic Center. The Department currently has 20 sworn and 3 unsworn officers on staff.
• Schools. Public educat ional services for residents of the project site are provided by t he West Contra Costa County Unified School District. The District provides K–12 educational services for residents of Richmond, El Cerrito, San Pablo, Pinole, and Hercules and some adjacent unincorporated areas.
• Library Service . Contra Costa County Lib rary provides library services in the project area.
Numerous branch libraries ar e located in both incorporated cities and unincorporated
City of Hercules — 2023-2031 Housing Element Update 105 Negative Declaration July 2022
communities throughout the County, including the Herc ules Library. The library administrative headquarters is located in Pleasant Hill.
• Maintenance. Maintenance of local streets, roads , and other governmental facilities are the responsibility of the City of Hercules. Maintenance of I-80 and SR-4 is provided by Caltrans.
Impacts and Mitigation Measures from Previous EIRs
Potentially significant impacts and mitigation measures included in previously certified CEQA documents assessing noise impacts are listed below.
General Plan EIR. The GP EIR identified the following two significant public service-related impacts:
Impact Schools -1: Development consistent with the proposed Land Use and Circulatio n Elements Update would increase the number of students served by the West Contra Costa Unified School District.
Mitigation Measure Schools -1a: For specific development propos als that require legislative action (e.g., General Plan Amendment, adoption of a Specific Plan, amendment to the Zoning Ordinance) and that would have a substantial effect on school faciliti es through a p rojected increase in enrollment, the City shall ente r into consultation with the West Contra Costa Unified School District and the p roject proponent(s) to determine whether a mutually agreeable contribution to the school district by the proponent(s) can be determined (including but not limited to cash payme nt, land dedication, and/or provision of school facilities) to offset the impact s of increased enrollment. For such development proposals requiring legislative action, the City shall conside r imposition o f a development fee that is greater than that required for non-legislative proposals, if such fee is justified by economic analysis.
Mitigation Measure Schools -1b: In the case of new residential developments having a significant impact on s chool facilities, the City shall take steps to ensure that develop ers in each case coordinate and work closely with the District (via the City) re garding timely and proper submittal of the required development impact fees.
Mitigation Measure Schools 1c: The City could establish, through the Zoning Ordinance Update, a procedure for imposing a school impact fee higher than the state -mandated maximum (currently $1.72 per square foot of residential construction). Alternatively, the City could support other opt ions for enhancing school financing, such as participation in a Me llo-Roos district by a property proposed for development and working with the We st Contra Costa Unified School District and property owners to arrange donation of land for school sites.
Impact Park -1: Development consistent with the Land Use and Circulati on Elements Update would increase the need for neighborhood and community parks.
Mitigation Measure Park -1a: The City shall continue to work closely with the East Bay Regional Park District (EBRPD) in implementing the Shoreline Trail through Hercules.
Mitigation Measure Park -1b: The City shall ensure that new development funds its s hare of costs associated with the provision of park facilities by attaching project -specific mitigation as con ditions of approval.
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Mitigation Measure Park -1c: The City shall c onsider development agreements that would provide additional community parks and recreation facilities, such as ballfields and other areas for organized recreation, in exchange for allowing development at greater than the “typical” FAR, as specified in the proposed Land Use Element Update.
In addition, the Growth Management Element has the following requirements:
• A minimum of 1.5 acres of neighborhood parks shall be provided for each 1,000 residents. • A minimum of 3.5 acres of community parks shall be provided for each 1,000 residents
Even with these mitigation measures, potential pub lic service impacts from implementation of the proposed Land Use and Circulation Elements Update will still be significant and unavoidable.
The GP EIR also identified the foll owing potentially significant public service -related impact and seven mitigation measures that would reduce impacts to less than significant levels:
Impact Fire-1: Development consistent wi th the propose d Land Use and Circulation Elements Update would result in increased demand on the Rodeo-Hercules Fire Protection District services in the City.
Mitigation Measure Fire -1a: The City shall assist the Rodeo -Hercules Fire Protection District in processing the collection of fire impact fees from all new development within the District.
Mitigation Measure Fire -1b: The City shall work with t he Rodeo -Hercules Fire Protection District to determine the specific needs for fire protection when a particul ar development proposal is reviewed and ensure the District’s needs are met.
Mitigation Measure Public Works-1a: Prior to project approval, the City would initiate expansion of the Landscaping and Street Lighting benefit assessment district to encompass all study area parcels not currently included within the district.
Finally, the GP EIR identified impacts to Public Services and Utilities Police-1, Storm Drainage -1, and Government-1 to be less than significant and no mitigation was required.
Bayfront Project EIR
• Impact 15-1 identified an impact with respec t to park s, recreation facilities, and open spaces.
Adherence to Mitigation Measure 15 -1 reduces this impact to a less -than-significant level by requiring that the future development plans and/or subdivision maps in the Bayfront project area comply with General Plan policies and standards for the provision of parks and open spaces.
Regulatory Framework
The Land Use Element of the City of Hercules General Plan contains policies applicable to public services, as follows:
Refer applicants of new developmen ts to the appropriate school district in order to pay the District’s required developer im pact fees prior to the building permit issuance for individual projects, as needed and justified, to maintain school performance standards (Policy 16A).
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Project Impacts
a) Less than Significant Impact . Housing that could be built in Hercules under th e auspices of the updated Housing Element would result in an increase in the number of calls for emergency services to the D istrict. The potential for increases in such calls have been analyzed in the previous General Plan EIR and individual EIRs for the N ew Town Center Project, the 2009 Updated Redevelopment Plan, and the Bayfront Project. No significant impacts with provision of fire protection by the Rodeo -Hercules Fire Protection District were noted, and it is anticipated this impact will be less-than-significant.
b) Less than Significant Impact . Similar to fire service, there would likely be an increase in the number of calls for service to the Hercules Police Dep artment based on an increase in residential development as a result of the updated Housi ng Element. Anticipated dwelling units that could be built as a result of the proposed Housing Element have been analyzed in the Hercules General Plan EIR and previous certified CEQA documents , and less -than-significant impacts were identified with respect to police protection.
c) Less than Significant Impact . Public educational services in Hercules are provided by the West Contra Costa Unified School District. The D istrict maintains a number of K –12 schools throughout Hercules. There are also a number of private educational facilities in the community. Future residential development that could be facilitated by the updated Housing Element would generate additional school-aged children that would need to be accommodated by local schools ; however, new residential development is subject to statutory school impact fees which will provide for new public educational facilities in t he community. Under CEQA the payment of lega lly established school impacts fees is considered full and complete mitigation for poten tial school impacts from new residential development. Therefore, this impact would be less-than-significant.
d) Less than Significant Impact. Any new public or private parks or recreational facilities that would be constructed as part of any future hous ing development would be constructed to City standard so that a less than -significant impact would occur. Development Impact Fees from future development will also he lp fund additional parks as population and the need for recreational facilities and services increase. For additional discussion of park -related impacts, see Thresholds
4.16a-b below. With regulatory compliance, po tential impacts will be less than signific ant related to the HEU.
e) No Impact. As growth occurs there will be incremental demand for other public facilities such as hospitals, government services, libraries, etc. Revenues from increased property taxes and development impact fees will help fund additional facilities as needed. Impacts related to the HEU relative to other public facilities are expected to be less than significant.
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4.16 Recreation
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Would the project increase the use of
existing neighborhood a nd regional
parks or other recreational facilities
such that substantial physical
deterioration of the facility would
occur or be accelerated?
b) Does the project include recreati onal
facilities or require the construction or
expansion of recreational facilities
that might have an adverse physical
effect on the environment?
Environmental Setting
The City of Hercules maintains a number of neighborhood and community parks in the City. These include:
• Refugio Valley Park
• Ohlone Park and Community Garden
• Woodfield Park and Tennis Courts
• Foxboro Park and Tennis Courts
• Frog Pad Park
• Duck Pond Park
• Railroad Park
• Shoreline Park
• Hanna Ranch Park
• Beechnut Mini-Park
• Bayside Park
In addition, the City of Hercules offers a wide range of recreational programs to community members.
Regional parks near Hercules are provided by the East Bay Regional Park District. The Bay Trail has also been planned adjacent to the waterfront through Hercules , including Hercules Bay Trail West, a mile-long segment of Bay Trail that opened in 2018 and connects existing trail segments to Railroad Avenue in Hercules.
Impacts and Mitigation Measures from Previous EIRs
General Plan EIR. The GP EIR identified the following two significant public service-related impacts:
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Impact Park -1: Development consistent with the Land Use and Circulation Elements Update would increase the need for neighborhood and community parks.
Mitigation Measure Park -1a: The City shall continue to work closely with the East Bay Regional Park District (EBRPD) in implementing the Shoreline Trail through Hercules.
Mitigation Measure Park -1b: The Ci ty shall ensure that new development funds its share of costs associated with the provision of park facilities by attaching project -specific mitigation as co nditions of approval.
Mitigation Measure Park -1c: The City shall consider development agreements t hat would provide additional community parks and recreation facilities, such as ballfields and other areas for organized recreation, in exchange for allowing development at greater than the “typical” FAR, as specified in the proposed Land Use Element Update.
In addition, the Growth Management Element has the following requirements:
• A minimum of 1.5 acres of neighborhood parks shall be provided for each 1,000 residents. • A minimum of 3.5 acres of community parks shall be provided for each 1,000 residents
Bayfront Project EIR
This EIR identified one impact with respect to parks and recreational facilities as follows:
• Impact 15 -1 found that build -out of the project would increase the demand for parks, recreational facilities, and open space. Adherence to Mitigation Measure 15 -1 r educes this impact to a less -than-significant level by requiring compliance with City of Hercules park and open space requirements.
Regulatory Framework
State Quimby Act (1975). The Quimby Act allows cities and counties to adopt p ark dedication standards/ordinances requiring developers to set aside land, donate conservation easements, or pay fees towards parkland. With the anticipated population growth, the City will use impact fees from development projects to fund park constructi on. The City has adopted an ordinance implementing the provisions of the Quimby Act (Whittier Municipal Code 17.16.040 - Formula for dedication of land).
State Public Park Preservation Act (California Public Resource Code Section 5400 – 5409). The State Public Park Preservation Act is the primary instrument for protecting and preserving parkland in California. Under the Act, cities and counties may not acqui re any real property that is in use as a public park for any non -park use unless compensation or la nd, or both, are provided to replace the parkland acquired. This ensures no net loss of parkland and facilities.
The Hercules Municipal Code requires new development to pay for the cost of new parks and recreation facilities based on new population added to the community.
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Project Impacts
a, b) Less than Significant Impact . Approval and implementation of the HEU would increase the need for local and r egional park and recreational facilities. Future residential projects that could be constructed under the updated Ho using Element may include on -site recreational facilities , and future housing developers will be required to comply with City requirements m andating construction of private, onsite recreational facilities or the payment of appropriate in lieu development fees for parkland and improvements.
The City’s residents, employees, and visitors will use local parks and recreation facilities. The City currently owns and operates 6 parks with a total of 98 acres of parkland. With a 2021 population of 26,091 residents, the City provides 3.76 acres of parkland per 1,000 residents.
The C ounty and State provide additional parklands and recreational opportun ities f or City residents. The State Quimby Act recommends a minimum goal of 3 acres per thousand population and an o ptimum goal of 5 acres per thousand population for the provision of local parks and regional park facilities.
` The additional 2,0 69 residential units expected under the HEU would generate approximately 6,323 new City residents based on an assumed occup ancy of 3.0 5 persons per unit from the 2020 U.S. Census Bureau Factsheet for the City (USCB 2022). Based on the state Quimby Act standard, implementation of the proposed HEU would generate a need for 19.0 additional acres of parkland (based on the 3 -acre standard) or 31.6 additional acres of parkland based on the 5- acre standard. The City’s 2021 population plus the anticipated new 6,323 residents would result in a total population of 32,414 persons. This population would generate a need for 97.2 acres of parkland based on the 3-acre Quimby standard and the City currently has 98 acres of parkland.
With estab lished regulatory compliance (i.e., providing onsite facilities or payment of development Impact Fees for new parkland) , the HEU would have less-than-significant programmatic impacts with respect to recreation.
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4.17 Traffic and Transportation
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Conflict with a progr am, plan,
ordinance or policy addressing the
circulation system, including transit,
roadway, b icycle and pedestrian
facilities?
b) Would the project confli ct or be
inconsistent wi th 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 incompat ible uses
(e.g., farm equipment)?
d) Result in inadequate emergency
access?
Environmental Setting
Major roadways and streets in the Hercules planning area include:
• San Pablo Avenue is a nort h-south arterial roadway with two travel lanes in each direction, as well as Class II bicycle lanes in both directions. San Pablo is a route of regional significance that provides access to commercial, residential, and other uses in Hercules and also provi des regional access to and from c ommunities both north and south of Hercules. This roadway provides primary access to and from the Hill Town and Sycamore Crossing housing sites
• Sycamore Avenue generally runs in an east -west direction. East of San Pablo Av enue, Sycamore Avenue is a four -lane arterial roadway that provides access to residential and commercial areas in the City of Hercules; we st of San Pablo Avenue, Sycamore Avenue provides two-lane access (one lane in each direction) to the Bayfront and Syca more Crossing areas. Class II bicycle lanes are located on both sides of the street east of Refugio Valley Road.
• Willow Avenue connects to Sycamore Avenue just north of the BN&SF railroad tracks. Willow Street extends in an east-west direction and has two travel lanes. In this area, Willow Street has no pedestrian or bicycle facilities, except for a sidewalk on one side from Sycamore Avenue to a
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crosswalk that connects to the Hercules Transit Center. As Willow Street extends of SR -4, there is a pedestrian sidewalk on the north side of the street extending to the I-80 intersection.
Regional access to the Project area is provided by State R oute 4 (John Muir Parkway) and Interstate 80 (I-80). SR-4 is a four -lane highway that connects Hercules and I -80 to Fr anklin Canyon, Martinez, and Interstate 680 to the east. Interstate 80 is a major north -south regionally significant freeway linking the Bay Area to points east. An interchange exists where SR -4 intersects I -80. At SR -4, I-80 is a six -lane facility extending in a north-south direction.
Transit Facilities
Bus transit service in the Hercules area is provided by West Contra Costa County Tran sit (WestCAT).
Buses operate weekdays and weekends with limited holiday service.
Impacts and Mitigation Measures from Previous EIRs
Potentially significant impacts and mitigation measures included in previously certified CEQA documents assessed Level of Service (LOS) traffic and transportation impacts which at the time were considered environmental issues under CEQA bu t CEQA no longer considers LOS im pacts to be a CEQA issue - see also Threshold (b) below.
General Plan EIR. The GP EIR identified the fo llowing significant traf fic-related impact and four mitigation measures:
Impact Transporation-3: Transportation generated by development consistent wi th the proposed Land Use Element would contribute to unacceptable cumulative levels of service on the I-180 Freeway.
Mitigation Measure Transporation-3a: The following planned capital projects for I -80 are included in the Circulation Draft of the West Co ntra Costa County Action Plan (most of these measures would be outside the authority of the City of Hercu les): [Measure included LOS or congestion improvements for 1990-2000 and 2000-2010]
Mitigation Measure Transportation -3b: The following is a summary o f the Traffic Service Objectives and Actions for I -80 included in the Circulation Draft of the West Contr a Costa County Action Pl an.
Responsibility for implementation rests with the Contra Costa County Transportation Adviso ry Committee, its member jurisdictions (including Hercules), and applicable transit agencies (many of these measures would be outside the authority of the City of Hercules): [Objectives and Actions related to specific LOS or congestion improvements through 2005]
Mitigation Measure Tran sporation-3c: Although no significant impact was identified, the following planned capital projects for S R 4 are included in the Circulation Draft of the West Contra Costa County Action Plan (most of these measures would be outside the authority of the Cit y of Hercules): [Measure included LOS or congestion improvements for 1990-2000 and 2000-2010]
Mitigation Measure Transportation-3d: Although no significant impact was identified, the following is a summary of the Traffic S ervice Objectives and Actions for SR 4 included in the Circulation Draft of the West Contra Costa County Action Plan. Responsibility for i mplementation rests with the Contra Costa County Transportation Advisory Committee, its member jurisdictions (includin g Hercules), and
City of Hercules — 2023-2031 Housing Element Update 113 Negative Declaration July 2022
applicable trans it agencies (many of these measures would be outside the authority of the City of Hercules): [Objectives and Actions related to specific LOS or congestion improvements through 2000]
Even with these mitigation measures, potential traffic impacts from implementation of the proposed Land Use and Circulation Elements Update will still be significant and unavoidable.
In addition, t he GP EIR also identified the following potentially significant traffic -related impact and two mitigation measures that would reduce impacts to less than significant levels:
Impact Transportation 2: Traffic generated by development c onsistent with the propo sed Land Use Element would increase volumes at other intersections in Hercules.
Mitigation Me asure Transportation 2a: The City shall design and construct the proposed Sycamore/Claeys intersection and constructed such that there is adequate space between t his intersection and the proposed Claeys/SR 4 EB Ramp intersection to allow for potential sign alization of the Sycamore/Claeys intersection.
Mitigation Measure Transportation 2b: If the level of service at the unsignalized Sycamore /Claeys intersection, once constructed, were LOS E or worse, as projected by this analysis, the City would install a traffic signal at this intersection.
Finally, the GP EIR concluded that Impacts Transportation 4 -6 were less than significant and no mitigation was required.
Hercules New Town Center EIR
• Future development within the New Town Center project area would result in traffic on local intersections, with and without freeway ramp relocations. Adherence to Mitigation Measures TR1 to TR4 reduces this impact to a less -than-significant level. These measures require requiring future developers in the New Town Center to widen Sycamore Avenue and wid en existing turn lanes, contribute to signalization of the Willow Avenue/South Bound SR 4 hook ramp intersection and install othe r improvements at this intersection, and signalize the Willow Avenue/Palm Avenue intersection along with related intersection improvements.
• Development that could occur under the project would increase traffic through local road way intersections under cumulative (year 2035) conditions. Adherence to Mitigation Measures TR11 through TR13 would partially reduce this impact but no t to a less -than-significant level.
Mitigation Measures TR11 through TR13 requires future developers of i ndividual projects to install a second EB left -turn from San Pablo Avenue to EB John Muir Parkway as well as to install other traffic improvements as s et forth in the Development Fee program. Other mitigation requirements include widening of Willow Avenue and installation of one left-turn and one right - turn lane at the former Market Hall driveway.
• Impacts to multi -modal transit systems were identified as a result of project construction. This impact would be reduced to a less-than-significant impact by requiring future project developers to work with WestCAT to install bus transponders, re -route buses, increase busses on certain routes, and make other public transportation improvements.
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Updated 2009 Redevelopment Plan EIR
• Impact Traf-1 found that buil d-out of the Sycamore Cr ossing and Hill Town sites would cause unacceptable peak hour level of service at the intersec tions of San Pablo Avenue/Sycamor e Avenue, San Pablo Avenue/Linus Pauling Drive, Willow Avenue at BART Replacement Parking East Driveway, and Sycamore Avenue/Sout h Front Street. Adherence to Mitigation Measures TRAF-1 reduces this impact to a less -than-significant level by requiring futur e project developers to pay a fair share to fund a number of roadway improvements at key intersections.
• Impact Traf -5 identifi ed an impact with respect to project contribution to cumulative traffic conditions. Adherence to Mitigation Measure TRAF -5 requires project developers to encourage public transit use by future project residents and employers. With a dherence to this measure , this impact was found to be less-than-significant.
Bayfront Project EIR . This EIR identifi ed several potentially signific ant traffic and mitigation measures, as follows:
• Impact 16 -1 found that existing plus project traffic w ould worsen congestion a t the I -80 westbound mainline diverge to the John Muir Parkway off -ramp during the AM peak hou r.
Mitigation of this impact wa s found to be infeasible , and this impact would be significant and unavoidable. A Statement of Overriding C onsiderations was adopte d for this impact due to the benefits of the plan.
• Impact 16-2 identified an impact with re spect to worsening of intersect ion operations within the community during both the AM and PM peak hour periods . Adherence to Mitigation Me asures 16-2-1 to 16 -2-3 would partially reduce this impact to a less -than-significant level by requiring site-specific intersection improvements Miti gation of the San Pablo Avenue/Sycamore Avenue was found not to be feasible, and this impact was found to b e significant and unavoi dable. A Statement of Overriding Considerations was adopted for this impact due to the benefit s of the plan.
• Impact 16-3 noted an impact with respect to contribution of project traffic to freeway operations.
Mitigation of this im pact was found to be inf easible, so this impact was determined to be significant and unavoidable. A Statement of Overr iding Considerations was adopte d for this impact due to the benefits of the plan.
• Impact 16-4 noted an impact in terms of a bicycle lan e gap on a portion of Jo hn Muir Parkway.
Adherence to Mitigation Measure 16 -4 reduces this impact to a less -than-significant level by requiring future developers to install improvements to facilitate bicycle traffic in this location.
Project Impacts
a) Less than Significant Impact. The City last updated the Circulation Element of its General Plan in September 2018. T he City is served by local tran sportation facilities including streets and bus routes in addition to non -motorized transportation faciliti es such as sidewalks, tr ails, and bikeways. These facilities provide options for travel modes that include passenger v ehicles, trains, buses, bikes, and
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walking. These facilities and modes of travel comprise the circulation system for the City, and the broader system, designed with the goals of efficiently moving people and goods throughout the region by providing ease of access to multiple modes of travel.
Future housing development will primarily generate passenger vehicle trips that will disperse durin g the morning as residen ts drive to commercial, industrial, and institutional facilities for a variety of reasons but primarily for work and school. Some trips may be to transit centers, such that a portion of a resident’s trip may include alternative tran sportation modes, while others may simply walk to their destination or to other transit options. The return leg of a t rip is generally anticipated to be the reverse of the initial leg of the trip during the afternoon, albeit with higher likelihood of a por tion of the trip being dedicated to accessing shopping, entertainment, or other uses.
The concern regarding transpor tation facilities and their cou nterpart modes of travel is excessive use throughout the day or during morning and/or afternoon peak hours and the resulting effect s on the performance of the facilities’ ability to move people and goods. The direct effects o f reduced circulation system pe rformance are annoyance and stress, thereby decreasing the quality of life for the user. Direct failure or accelerated deterioration of circulation system facilities can also occur if the facility was not designed to function under increased loading. A var iety of indirect impacts to human health and the environment are attributed specifically to excessive use o f vehicles on local and regional roadways including effects related to air pollution and ambient noise.
ABAG Plan. Two planning efforts guide the lo ng-term improvement of the circulation system at the regional and local levels. The 2020 Plan Bay Area prep ared by the Association of Bay Area Governments (ABAG) fulfills the legislative requirements for a Regional Transporta tion Plan and Sustainable Commu nities Strategy (RTP/SCS) to meet the regional needs of travel and goods movement through the year 20 50. The ABAG Plan was jointly prepared with the Contra Costa Transportation Authority (CCTA).
CMP. Urbanized areas within t he state of California such as Contra Costa County are required to adopt a Congestion Management Program (CMP). The goals of the CMP are t o reduce traffic congestion and to provide a mechanism for coordinating land use development and transportation improvement decisions. The CMP addresses congestion management through a process developed cooperatively throughout the metropolitan region that provides for safe and effective management and operation of existing and future transportation facilities through dem and reduction and operations strategies.
While the Plan Bay Area addresses the broader goals of the transportation network, the CMP focu ses on specific, regiona l facilities requiring funding for maintenance and improvements in order to meet the goals of the ABAG Plan . The CMP relies o n local jurisdiction standards in determining the performance of the CMP network. The final effort is the C ity’s General Plan Circu lation Element that identifies long-term transportation improvements for local facilities. The General Plan includes goals and policies aimed to provide an efficient multi -modal circulation system in the City. General Plan policies also encourage the devel opment of an efficient and safe bikeway and public transportation system. Policy 1A: Transport ation Performance Standards, in the City ’s most recent General Plan Circulation Element defines LOS D as the minimum acceptabl e peak hour roadway performance standard.
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2023-2031 Housing Element. Goal H2 encourages a variety of housing types to meet the ex isting and future needs of Herc ules residents, and its Policy H2.3 encourages development and long‐range planning that uses co mpact urban forms that foster connectivity, walkability, and use of alternative transportation modes, particularly within the Herc ules Regional Intermodal Transp ortation Center planning area.
Summary. These local and regional p lanning efforts are designed to reduce the direct and indirect effects of travel so as to minimize or avoid resulting impacts on human health and the environm ent.
The proposed HEU is consistent with the growth assumptions used in the development of the 2020 Plan Bay Area and CMP and the does not include any land use changes to the General Plan, therefore, the Project will not conflict with the goals or transpor tation planning efforts of the City, ABAG, or the CCTA.
Based on this preceding analysis, future housing development will not impede local or regional efforts to ensure an efficient circulation system. Future housing development will be subject to prelim inary environmental review purs uant to CEQA and if found not to be exempt, subject to full environ mental analysis at which tim e all environmental issues will be vetted and appropriate mitigation incorporated, if needed, should transportation impacts be ide ntified that are not covered un der existing or future development impact fees.
Implementation of the proposed Housing Elemen t would not conflict with local or regional plans that support non -automotive transportation modes. As is standard practice with o ther development proposals, the City of Hercules will require installation of sidewalks and bicycle racks as condition s of approval for future housing developments as well as improvements to facilitate public transportation.
No impacts are anticipated with respect to this topic.
b) Less than Significant Impacts. In response to Senate Bill (SB) 743, the California Natural Resource Agency certified and adopted new CEQA Guidelines in December 2018, which now identify Vehicle Miles Traveled (VMT) as the most app ropriate metric to evaluate a project's transportation impact s under CEQA (Section 15064.3). Effective July 1, 2020, the previous CEQA metric for significant traffic impacts of Level of Service (LOS) which is typically a measure of automobile delay, roadway capacity and congestion. After that date, LOS would no longer constitute a significant environmental impact but instead VMT was to be used to identify significant transportation impacts.
Although VMT is now the accepted methodology for evaluating pote ntial transportation impact s of a project, the City General Plan identifies standards for maintain ing an adequate level of service (LOS) for City streets and intersections. To be consistent with the 2020 State CEQA Guidelines, a LOS analysis is no longer r equired for purposes of thi s Initial Study impact analysis and determination of significant impact s und er CEQA. However, an evaluation of the overall circulation network and services available to the City is still appropriate and is provided under Threshold (a) above.
According to the Governor’s Office of Planning and Research, the VMT effects of land use projects may be analyzed using one of two basic approaches:
1) VMT efficiency (compare projects to similar land uses in the jurisdiction or region) – this approach is recommended for residential and employment uses; and
City of Hercules — 2023-2031 Housing Element Update 117 Negative Declaration July 2022
2) Net VMT impact (any increase in VMT over the area affected by the project) – this approach is recommended specifically for retail and for other non -residential uses that are not employment focused.
The travel demand model maintained by the Contra Costa Transportation Authority (CCTA) is the most likely potential tool for analyzing VMT relative to the HEU. However, the model uses employment as one of the primary determinants of trip end produ ction and attraction so it would not be appropriate for evaluating the HEU . The HEU does not propose any specific non-residential development on any specific site that would generate employment , so quantitative modeling of the HEU for VMT impacts would not be useful at this time.
To better evaluate potential VMT impacts of the HEU, the City retained D KS to prepare a “Preliminary VMT Assessment for Approved and Proposed Projects” dated July 5, 2022. This assessment applied to the Bayfront Phase II, Hill Town, Sycamore Crossing, Skelly Drive, and Hercules New Town Center District projects. According to S B 743 and technical guidance published by OPR, there are several screening procedures to potentially streamline project analysis (i.e., conclude less than sig nificant impacts under CEQA and eliminate the need for furt her or more detailed quantitative VMT analysis.
The screening thresholds are : small projects; proximity to transit; inclusion of affordable housing; and low VMT area. The DKS report concluded the following:
• None of the projects meet the “small project size” screening threshold; • Only the Hercul es Town Center and Hill Town projects m eet the “proximity to transit ” screening threshold;
• The Sycamore Crossing and Skelly Drive projects will meet the “provide affordable housing” screening threshold; and
• The Sycamore Crossing and Skelly Drive pr ojects are in areas with VMT that is much lower than the city or county average (lower VMT screening threshold).
The DKS Assessment concluded that four out of the five planned residenti al projects can be presumed to have less than significant VMT impacts since they meet at least one of the VMT screening thresholds. However, one of the p rojects, Bayfront Phase III, does not meet any o f the current thresholds. Therefore, the City’s develop ment review process will require that future projects under the HEU will prepare VMT impact analyses using the CCTA Travel Demand model to determine whether they will have significant VMT impacts and require project-specific mitigation.
In addition, DKS prepared a CCTA Model run for the City as a whole using 2020 baseline and 2030 future year conditions with the planned housing projects. The results of the DKS City -wide analysis are presented in Table 11, Housing Element 2030 VMT Impacts. DKS found the 2020 baselines and thresholds of significance for VMT per capita were: Countywide average (17.3) compared to their threshold of significance (14.7); and City of Hercules average (18.5) and threshold of significance (15.8). Table 11 demonstrates the future housing in the Hercules New Town Center may exceed VMT significance criteria although it is estimated the other four approved projects will not exceed the VMT threshold and therefore will not have significant project -level VMT impacts. Although one project T AZ would slightly exceed the more stringent County-wide threshold, overall the projects would not result in City-wide VMT per capita exceeding either the City or County thresholds for 2030. For the City as a whole under the HEU, VMT per capita is e xpected to be 14.2 by 2030 which would not exceed either the County threshold (14.3) or the City thr eshold (14.5). Therefore, the HEU will not have a program level significant VMT impact.
City of Hercules — 2023-2031 Housing Element Update 118 Negative Declaration July 2022
Table 11
Housing Element 2030 VMT Impacts
Project/Area CCTA
TAZ
Home-Based
VMT Population VMT Per
Capita
Significant
Impact?
Skelly Drive 10236 1,462,577 1,025 14.3 No
Bayfront Phase III 10242 3,243,607 2,352 13.8 No
Sycamore Crossing 10247 597,430 411 14.5 No
Hill Town 10255 3,111,159 2,287 13.6 No
Hercules New Town Center (NTC) District 10269 4,565,492 3,060 14.9 Yes VMT Thresholds
County
City
14.3 14.5
Total (aggregate Housing Element) -- 12,980,265 9,135 14.2 No Source: DKS 2022 CCTA = Contra Costa Transportation Authority TAZ = Traffic Analysis Zone
Based on the an alysis above , the HEU is consistent with CEQA Section 15064.3 regarding VMT impacts. Programmatic impacts of the HEU will be less than significant and no mitigation is required.
c) No Impact. The proposed HEU does not authorize the constructio n of any roadway and will res ult in no direct effects on the design of existing or fut ure streets. Therefore, it will not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). Roadway and dri veway improvements of future development under the HEU will be reviewed b y the City of Hercules Public Works Department, Planning Department , and Fire District to ensure that no haz ards would be created . T herefore, no impacts would result from implementation of the HEU.
d) No Impact. The proposed Project does not involve any road construction or any development activity and thus will not obstruct or restrict emergency access to or through the City. Future development that could occur under th e proposed H ousing Element will be reviewed by the City o f Hercules Police, Planning, and Public Works Departments and the Rodeo –Hercules Fire Protection District staff to ensure that adequate emergency access will be provided. N o impacts are anticipated w ith respect to this topic.
City of Hercules — 2023-2031 Housing Element Update 119 Negative Declaration July 2022
4.18 Tribal Cultural Resources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the Project cause a substantial adverse change in the sign ificance of a triba l cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scop e of the landscape, sacred pl ace, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible fo r listing in the
California Register of Historical
Resources, or in a local register of
historical resources as def ined in
Public Resources Code section
5020.1(k), or
b) A resourc e determined by the lead
agency, in its discretion and
supported by substantial evidence, to
be significant pursuan t to criteria set
forth in su bdivision (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?
Environmental Setting
Based on ba ckground information contained in the Hercules General Plan, prehistoric sites within western Contra Costa County are typically found near the edge o f historic San Pablo Bay ma rgins, on valley an d midslope terraces, and in hilly area s on terraces near seas onal watercourses.
Numerous aboriginal village and camp sites have been uncovered in the bay margins. Hercules has one confirmed prehistoric site (CA -CCO-370) and one unconfirm ed site (CA -CCO-248), both of which are located west of t he I -80 freeway. In add ition, representatives of local Native American tribal groups have expressed concerns in the past over impacts of new development on known or unknown tribal resources.
City of Hercules — 2023-2031 Housing Element Update 120 Negative Declaration July 2022
Impacts and Mitigation Measures from Previous EIRs
Impacts and mitigation measures included in previously certified CEQA documents regarding archaeological and historical resources4 are listed below:
General Plan EIR. The GP EIR only dealt with Cultural Resources” which include pre -historic or archaeological resources. For impacts and mitigation, see the previous Section 4.5.
Hercules New Town Center EIR. The New Town Center EIR identified several potentially significant impacts with respect to disturba nce or destruction of prehisto ric resources, paleontological resources, human remains and/or historic resources. Adherence to Mitigation Measure CUL1 reduced this impact to a less-than-significant le vel. This measure requir es that, during the construction process, a project sponsor sha ll retain a qualified archeologist to train construction crews to identify cultural resources. In the event cultural resources are found, work s hall be stopped and the archeologist shall consult with the City to determine the best treatment for such resour ces.
In the event human remains are found, the County Coroner is to be called. If remains are believed to be of Native American ancestry, the Native American Heritage Commission is to be contacted. All recovered materials are to be subject to scientific an alysis, professional museum curation and reporting.
Updated 2009 Redevelopment Plan EIR . This EIR identified several potentially significant c ultural resource impacts and mitigation measures, as follows:
• Impact Cult-1 stated that the proposed project could cause a substantial adverse change in the significance of archeological resources pursuant to Section 15064.5 of the CEQA Guidelines. Adh erence to Mitigation Me asure CUL -1 requires that if prehistoric or unique archeological resources are discovered during construction of future projects, work within a 50-foot radius of the discovery shall be halted until a qualified archeologist evaluates the find and determines proper protection measure s. Work within the 50 -foot radius of the find shall be halted until the archeologist states in writing that continuing work would not result in a significant effect on such resource and the City concurs.
• Impact Cult -3 identifie d an impact with respect t o disturbance of unidentified h uman remains, including those in terred outside of formal cemeteries. Mitigation Measure CUL -3 requires construction work on individual project sites to be suspended if human re mains are found. Then, the Hercules Public Works Department and County Coroner s hall be notified.
If remains are determined to be of Native American origin, the Native American Herita ge Commission shall be notified within 24 hours.
Bayfront Project EIR . This EIR identified s everal potentially significa nt cultural resource impacts and mitigation measures, as follows:
• Impact 8-1 identified an impact with disturbance of archeologica l resources on the project site. Adherence to Mitigation Measure 8 -1 redu ced this impact to a less-than-significant level by requiring future developer s in the Bayfront area to retain a qualified archeologist in the event of discovery of unrecorded histori c resources and, if possible, preserving the site.
4 It should be noted that these documents were prepared prior to the state requiring an expanded analysis of impacts to tribal cultural resources versus only impacts to archaeological resources as a result of passage of SB 18 and AB 52.
City of Hercules — 2023-2031 Housing Element Update 121 Negative Declaration July 2022
If preservation is not possible, a data recovery plan shall be submitted and approved by the City and then implemented by the developer.
• Impact 8 -2 noted an impact with respect to destruction or degrada tion of two identified historic resources with construction of planned pr oject improvements. A dherence to Mitigation Measu re 8 -2 reduced this impact to a less -than-significant level by requiring future developers to renovate structures in a manner consiste nt with Secretary of Interior standards and incorporate historic structures into the ultimate development of the project.
Regulatory Framework
State - Native American Consultation. Two state laws (SB 18 and AB 52) require cities to consult directly with local Native American tribes to determine if any tribal cultural resources will be impacted by private development or public works projects proposed in the City. All future development of the Inventory Sites will be required to prepare Cultural Resource Assessments (CRAs) to determine if there are any impacts to cultural or tribal cultural resources as required by the General Plan Conservation Element. In addition, the City will consult w ith any local tribal representatives who have previously i ndicated in writing they wish to consult per SB 18 and/or AB 52. T his is considered re gulatory compliance a nd not specific mitigation under CEQA.
Hercules General Plan. The Land Use Element of the General Plan contains Objective 8, which reads:
“Preserve Hercules history while developing its future.”
The Open Space and Conservation Elemen t contains the follow ing objective and policy wit h respect to the protection of cultural resources:
• Protect and preserve important historic and prehistoric resources (Objective 12).
• Historic resources shall be identified and preserved to the ex tent feasible. If pre viously unknown subsurface r esources are discovered durin g excavation, excavation would be temporarily halted and an archeologist consulted as to t he importance of the resource. (Policy 12a).
Similar to potential impacts resulting fro m the effects of futu re housing development on hi storical resources, impacts to archaeological resources can result in the loss of information important to the history (and potentially the pre -history) of California and the people who created and/or used t he materials. The pot ential for uncovering signif icant resources at Inventory Site locations during construction activities is unknown given that no such resources have been discovered and/or recorded previously. The General Plan states that archaeological and historical resources shall be protected and preserved to the maximum exte nt feasible. In addition, the City will consult with any local tribal representatives who have previously indicated in writing they wish to consult per AB 52.
This is considered regulatory compliance and not specific mitigation under CEQA.
Future development of the proposed Inventory Site s will be subject to General Plan requirements and rev iew in accordance with CEQA requirements. Impacts related to implementation of the proposed HEU will be less than significant and no mitigation is required at this programmatic level.
City of Hercules — 2023-2031 Housing Element Update 122 Negative Declaration July 2022
Project Impacts
a) Less than Significant Impact. No listed h istoric properties are located on any of the identified Housing Inventory Sites, implementation of the proposed Housing Element Update will not cau se substantial adverse change in significance of a historical r esource. In addition, Open Space and Conservation Elem ent Objective 1 2 and Policy 12a protect potential historical or archaeological sites as p art of the City’s deve lopment review process. Ther efore, i mpacts will be less t han significant and no mitigation is required.
b) Less than Significant Impact. Prehistoric sites within western Contra Costa County are typically found near the edge of historic San Pablo Bay margins, on valley and midslope terraces, and in hilly areas on terraces near seasonal waterco urses. None of the opportunity sites are found in thes e locations.
The assuming consultation with local Native American triba l representatives per SB 18 a nd AB 52 as appropriate, potential impacts of HEU implementation relative to tribal cult ural resources will be less than significant.
City of Hercules — 2023-2031 Housing Element Update 123 Negative Declaration July 2022
4.19 Utilities and Service Systems
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Require or result i n the relocation or
construction of new or expanded
water, wastewater treatment or storm
water drainage, elec tric power,
natural gas, or te lecommunications
facilities, the construction or
relocation of which could cause
significant environmental effects?
b) Have suffici ent water supplies
available to serve the Project and
reasonably foreseeable future
development during normal, dr y and
multiple dry years?
c) Result in a determination by the
wastewater treatment provi der which
serves or may serve the Project that
it has adequate capacity to se rve the
Project’s projected demand in
addition to the provider’s existing
commitments?
d) Generate sol id waste in excess of
state or local standards, or in exc ess
of the capacity of local infrast ructure,
or otherwise impair the attainment of
solid waste reduction goals?
e) Comply with federal, state, and local
management and reduction sta tutes
and regulation s related to sol id
waste?
Environmental Setting
The Project area is served by the following service providers:
• Water Supply. East Bay Municipal Utility District (EBMUD). The District maintains potable water service to a majority of the Project area as well as fire hydrants.
City of Hercules — 2023-2031 Housing Element Update 124 Negative Declaration July 2022
• Sewage collection and treatment. Pinole-Hercules Wastewater Treatment Facility.
• Storm drainage. Sheet flow drainage into Refugio Creek tributaries.
• Solid waste serv ice. Richmond Sanitary Service (RSS) provides residential and non -residential solid waste hauling and recycling services to dwellings and businesses.
Impacts and Mitigation Measures from Previous EIRs
Potentially significant impacts and mitigation measures included in previously certified CEQA documents analyzing public services and utilities are listed below.
General Plan EIR. The GP EIR identified the following significant utility-related impacts:
Impact Water-1: Development consistent with the proposed Land Use and Circulation Elements Update would increase demand for potable water and could require additional delivery and/or storage facilities.
Mitigation Measure Water-1a: The City shall i nclude in the proposed Land Use Element Update the following programs under Policy 3A:
• Ensure that the new development pays its fair share of the costs associated with the provision of facilities for water by attaching project-specific mitigation requirements as conditions of approval. • The City shall cooperate with th e East Bay Municipal Utility District planning efforts to help assure an adequate water system for existing and future resi dents and to maintai n adequate water reserves.
• Encourage effective water conservation practices b y residents and businesses including household conservation and use of drought-resistant landscaping and reclaimed wastewater. • The City will practice water con servation in management of parks and requirements for landscaping design development.
• The City wi ll encourage the installation of dua l plumbing systems in large developments to accommodate future use of reclaimed wastewater for non -domestic purposes such a s landscape irrigation, commercial and industrial process uses and toilet flushing in non-residential buildings.
The City shall condi tion approval of individual development proposals on the following implementation programs:
Mitigation Measure Water -1b: The City shall require installation of low-flush toilets and other low -flow plumbing fixtures for new residential and commercial development.
Impact Wastewater -1: Development consistent with the proposed Land Use and Circulation Elements Update would increase the demand for wastewater treatment.
Mitigation Measure Wastewater-1a: The City shall include i n the proposed Land Use Element Upda te the following program under Policy 3A:
• The City shall ensure that new development funds its share of the costs associate d with the provision of wastewater treat ment facilities by attaching p roject-specific mitigation as conditions of approval.
Mitigation Measure Wastewater 1b: The City shall initiate the wastewater treatment study discussed in Program III.A.1 of the Economi c Development Elemen t and shall implemen t programs to ensure adequate wastewater capacity prior t o approval of development that would generate demand for
City of Hercules — 2023-2031 Housing Element Update 125 Negative Declaration July 2022
treatment in excess of capacity, including increased capacity improvements now planned. This study shall include the following information:
• Inventory of existing facilities , including collection syst ems, treatment plants, and pumping s tations (This inventory has been accomplished as part of the planning for improvements described in the Setting).
• An alternative analysis of the City’s three options to treat additional wastewater expected at buildout of the proposed Land Use Element Update.
• Identification of funding sources.
• Coordination with the City of Pinole, EBMUD and other agencies involved in wastewater treatment and/or water reclamation.
• Appropriate use of reclaimed water within the City.
Mitigation Measure Wastewater -1c: The City s hall implement a Capital Improvement Program (CIP) for the selected wastewater treatment alternative(s). The CIP shall incl ude funding, schedul ing and development programs for the selected alternative.
In addition, t he GP EIR also identified the following potentially significant utility-related impacts and mitigation measure that would reduce impacts to less than significant levels:
Storm Drain age-1: Development c onsistent with the proposed La nd Use and Circulation Elem ents Update would increase the demand for stormwater collection and, potentially treatment.
Mitigation Measures 1a, 2a, and 2b under Hydrology and Water Quality above Impact Solid Waste-1: Development consistent with the proposed Land Use and Circulation E lements Update would increase the demand for solid waste services.
Mitigation Measure Solid Waste -1a: Prior to development of any of the 24 parcels, the City shall consult with the Richmond Sanitary Service to confirm that adequa te capacity exists for solid waste that would be generated by the project.
Mitigation Measure Solid Waste -1b: Prior to development of any of the 24 parcels, the City shall require that project sponsor(s) demonstrate that project includes adequate recycling facilities.
Impact Public Works-1: Development consistent with the proposed Land Use and Circulation Elements Update would increase the demand for street maintenance and other public works services.
Mitigation Measure Public Works-1a: Prior to project approval, the City would initiate expansion of the Landscaping and Street Lighting benefit assessment district to encompass all study area parcels not currently included within the district.
Updated 2009 Redevelopment Plan EIR
• Impact USS -1 found that buil d-out of the Sycamore Cross ing and Hill Town sites would not exceed wastewater treatment requirements of the RWQCB, but could require construction of new wastewater treatment facilities. Adherence to Mitiga tion Measure USS-1 reduces this impact to a less -than-significant level by re quiring future project developers c onfirm from the wastewater provider that adequate capacity exists to serve such development.
City of Hercules — 2023-2031 Housing Element Update 126 Negative Declaration July 2022
• Impact USS-2 identified an impact with respect t o the availability o f a long-term water supply to serve future development. A dherence to Mitigation Measure USS -2 reduces this impact to a less-than-significant level by requiring project developers complete water supply assessments confirming the existence of an adequate long-term water supply.
Bayfront Project EIR. This EIR identified one potentially significant impact with respect to utilities. This impact and associated mitigation measure is addressed in Section 15 of this Initial Study, Recreation.
Regulatory Framework
The local utility agencies a nd companies are ultimately regulated by the State Public Util ities Commission and are subject to a variety of state laws regarding the provision of water, wastewater, flood control, and solid waste services.
Project Impacts
a) Less Than Significant Im pact. As demonstrated in Impacts (b) and (c) below, the HEU will not result in relocation or construction of new or expanded water, wastewater treatment facilities or systems to serve future housing. The discussion in the previous Section 4.9, Hydrology and Water Quality, demonstrates that t he HEU will not result in significant impacts to storm water drainage systems. Finally, the City currently has established electric power, natural gas, and telecommunications networks that will be incrementally expanded to accommodate the anticipated future increase of 2, 069 units from HEU implementation. None of these incremental changes are expected to result in the construction of significant new or relocation of existing facilities which could cause significant environmental effects.
b) Less Than Significant Impact. Implementation of t he HEU would result in the construction of additional dwelling units, however, they would be within the levels of growth previously es timated for the City. The primary source of water to dwellings is importe d surface water supplied by the East Bay Municipal Utility District (EBMUD) that does not rely on local groundwater. The Urban Water Management Plan (UWMP) prepared for the EBMUD is based on housing and population projections that cover the City’s short-term growth under the current RHNA.
Domestic water to supply future dwellings that could be constructed under the auspices of the updated Housing Element would be supplied by the EBMU D. Each of the m ajor housing projects identified in the updated Element h ave completed CEQA reviews and no significant impacts were identified with respect to long-term water supplies.
The UWMP also indicates the EBMUD will have sufficient water supplies under normal ye ar, drought year, and multiple drought years, as shown below.
In 2013, the EBMUD completed a Groundwater Management Plan (GMP) for the southern portion of the East Bay Plain Subbasin to coordinate regional planning and ensure its sustaina bility. In September 2014 three legislative bills (AB 1739, SB 1168, and SB 1319), collectively known as the Sustainable Groundwater Management Act (SGMA), were signed into law. On November 29, 2016, the District became an exclusive Groundwater Sustainabil ity Agency (GSA) for the portion of the East Bay P lain Subbasin which und erlies the EBMUD’s service area pursuant to Water Code §10723.8. As GSAs and because DWR has listed the East Bay Plain Subbasin as a
City of Hercules — 2023-2031 Housing Element Update 127 Negative Declaration July 2022
medium-priority groundwater basin, EBMUD and the C ity of Hayward w ere responsible for completing a s ingle Groundwater Susta inability Plan (GSP) for the Ea st Bay Pl ain Subbasin by January 31, 2022. The GSP establishes management actions to ensure the East Bay Plain Subbasin is sustainable within 20 years of implementation.
EBMUD’s service area spans port ions of Alameda and Con tra Costa counties. Customized population projections were developed for EBMUD’s service area. The projections incorporated data from the U.S. Census Bureau and Association of Bay Are a Governments (A BAG) which is responsible for fore casting changes to the population and economy and prov ides loca l governments with information on how the region is expected to change over time. EBMUD uses population data published in the Plan Bay Area Pro jections 2040 (see Table 12). The Plan Bay Area takes into account land use policy, using information from local plans and associated growth as well as legislative mandates, to provide the projected population growth. In Contra Costa County, ABAG forecast s that by 2040, t he population will be over 1.3 mil lion, an increase of approximately 335,000 people from 2010. Co ntra Costa County is also expected to add over 138,000 new jobs in the same period.
Table 12
EBMUD Population Projections
Region 2020 2025 2030 2035 2040
Contra Costa County Population
within EBMUD Service Area
473,000 490,000 513,000 531,000 552,000
Proportion of EBMUD Service
Area Population Within Contra
Costa County
34% 33% 33% 33% 32%
EBMUD Service Area Population
Within Contra Costa County
160.820 161,700 169,290 175,230 176,640
Contra Costa County (entire area) 1,128,660 1,198,715 1,257,790 1,329,330 1,387,295 City of Hercules 25,135 25,530 25,820 26,155 28,700
Sources: UWMP 2020, EBMUD June 2021, and 2020 Plan Bay Area
EBMUD’s water supply system consists of a n etwork of reservoirs, a queducts (pipelines), water treatment plants (WTP), pumping plants, and other distribution facilities and pipelines that convey Mokelumne River water from Pardee Reservoir to EBMUD customers. EBMUD’s facilities and operations are heavily regulated by numerous local, state, and federal agencies.
EBMUD’s efforts to identify additional sources of supply to meet long -term demand began in the mid-1960s. In 1970, EBMUD executed a contract with the United St ates Bureau of Reclamation (USBR) for delivery of Central Valley Project (CVP) water fro m the Ame rican River. In 2000, USBR, EBMUD, and Sacramento region parties reached an agreement to modify the contract and develop a joint water supply intake on the Sacramento River, rather than the American River. This agreement led to the construction of the Freeport Project, discussed in Section 1.4.4.
In 2006, EBMUD signed a Long-Term Renewal water service contract with USBR that modified its original contract for C VP supplies. The contract provided for delivery of up to 133,000 AF in a single qualifying year, not to exceed a total of 165,000 AF in three consecutive qualifying years.
Qualifying years for obtaining CVP deliveries are those in which E BMUD’s total store d water supply is forecast as of M arch 1, updated monthly through May 1, to be below 500 TAF on
City of Hercules — 2023-2031 Housing Element Update 128 Negative Declaration July 2022
September 30 of that year. Because EBMUD relies on CVP deliveries during dry and critically dry periods, the CVP supply constitutes a critical component of EBMU D’s water supply reliability.
EBMUD exercised its contrac t and received CVP water during the 2014-2015 drought period. In 2014 EBMUD received 18,641 acre -feet of CVP water, and in 2015 EBMUD received 33,250 acre-feet of CVP water.
On Feb ruary 28, 2020 the EBMUD signed a Contract with US B ureau of Reclamation (U SBR) which “converted” its 2006 water service contract to a permanent repayment contract pursuant to the 2016 Water Infrastructure Improvements for the Nation (WIIN) Act. The conver ted contract superseded the 2006 contract and remove s the requirement to pe riodically renew the contract while retaining the other essential water service terms and conditions. Conversion to a permanent repayment contract is intended to protect EBMUD’s wat er supply reliability from the uncertainty of regulatory requirements that may exist in year 2046, when th e 2006 Lo ng-Term Renewal water service contract will expire.
EBMUD’s service area is divided into 125 pressure zones ranging in elevation from sea lev el to 1,450 feet. Approximately 50 percent of treated water is distributed to customers purely by gravity.
The water distribution network includes 4,200 miles of pipe, 131 pumping plants, and 167 water distribution reservoirs. Their water distribution rese rvoirs have a total system-wide capacity of 748 million gallons. The reservoirs, which are typically enclosed tanks, are sized to meet the estimated water service requirements of EBMUD’s customers, including projected future water demands and fire flows.
Table 13 projects t hat under normal conditions their water supplies will equ al or exceed their demand through 2040. However, under second dry year drought conditions, EBMUD customers could be required to conserve approximately 14 percent of expected demand . Under extreme (i.e., worst case) drought conditions , EBMUD customers may h ave to conserve up to 21 percen t by 2030 and possibly as much as 60 percent by 2040 (if drought conditions persisted into the next decade and no additional water sources are obtain ed). Each year t he EBMUD estimates its projected wat er supply and demand for the coming year to identify i f or how much water conservation will be required of its customers that year.
The additional 2,073 residential units expected under the HEU would ge nerate approximat ely 6,323 new City residents based on an assumed occupancy of 3.05 persons per unit from the 2020 U.S. Census Bureau Factsheet for the City (USCB 2022). These additional residents would consume approximately 1.04 million gallons of water p er day based on a n EBMUD average per capita rate of 1 64 gallons per person per day (Table F -1, EBMUD UWMP 2020). This represents an annual consumption of 1,161 acre-feet of water based on 326,000 gallons per acre-foot.
As part of the City’s development rev iew process, futu re development under the HEU would b e required to demonst rate the EBMUD has “will se rve” capacity f or the proposed development based on its anticipated supply and demand for the coming years. With regulatory compliance, future development under the HEU wil l have less than significant impacts related to water sup ply and demand, and no mitigation is required at this time.
City of Hercules — 2023-2031 Housing Element Update 129 Negative Declaration July 2022
Table 13
EBMUD Projected Water Demand and Supply (MGD)
Water Condition 2020 2025 2030 2035 2040
Normal Year
Demand
Supply
Conservation Needed
181
181
0 186
181
0 190
190
0 194
194
0 201
201
0 Single Dry Year
Demand
Supply
Conservation Needed
181
181
0 186
181
0 190
189
1 194
192
2 201
201
2 Second Dry Year
Demand
Supply
Conservation Needed
181
156
13 186
161
13 190
164
13 194
167
14 201
172
14 Third Dry Year
Demand
Supply
Conservation Needed
Conservation with
Extreme Drought
181
153
15 15
186
157
15 15
190
158
15 21
194
157
15 35
201
144
28 60
Sources: Planning Levels (rounded), Table 3-1, UWMP 2020, EBMUD June 2021, and Table W-3, Water Shortage Contingency Plan, EBMUD, June 2021
c) Wastewater treatment service is currently provided to the City of Hercules by the Pinole -Hercules wastewater treatment plant. The plant has a dry weather treatment capacity of 4.06 million gallons per day (MGD) and a maximum wet weather flow of 10.3 MGD. T he San Francisco Bay Regional Water Quality Control Board has issued an order that the plant eventually be expanded to a capacity of 20 MGD. The wastewater collection system within Hercules is not subject to significant inflow and infiltration issues according to the Hercules Public Works Department. Treated effluent from the Pinole Plant is then pumped to an outfall facility operated by the Rodeo Sanitary District.
Impacts relat ed to wastewater treatment, consisten t with Regional Water Quality Control Board discharge standards and related water quality impacts , have been analyzed in the Hercules New Town Center EIR, the 2009 Redevelopment EIR, and the Bayfront Project EIR, and no significant impacts were identified. Future development will be evaluated for among other things adequate sewer and wastewater treatment capacity during the City’s planning and envir onmental review process. The plant will be expanded as needed and as fund ing is available to accommodate future development consistent with the HEU. Therefore, programmatic impacts of the HEU relative to wastewater treatment will be less than significant.
Wastewater coll ection, treatment and disposal ser vice for new dwellings envisioned in the Hercules Housing Element w ould continue to be provided by the City of Hercules at the Pinole - Hercules Wastewater Treatment Facility. Impacts related to wastewater tr eatment capacity have been analyzed in the Hercule s Ne w Town Center EIR, the 2009 Redevelopment EIR and the Bayfront Project EIR and no significant impacts were identified.
City of Hercules — 2023-2031 Housing Element Update 130 Negative Declaration July 2022
d) Less than Significant Impact . Construction of future housing units under the a uspices of the updated Housing Element would ge nerate additional quanti ties of solid waste. This topic was analyzed in previous CEQA documents for major housing developments that would be facilitated by approval of the HEU. This impact would be less-than-significant.
e) No Impact . The proposed HEU would hav e no impact wit h regard to federal, state , or local statutes or laws governing solid waste.
4.20 Wildfire
If located in or near state responsibility areas
or lands classified as very high fire hazard
severity zones, would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
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 wildfire or the
uncontrolled spread of a wildfire?
c) Require the instal lation or
maintenance of associated
infrastructure (such as roads, fuel
breaks, emergency water resources,
power lines or other utilities) that may
exacerbate fire risk or that may r esult
in te mporary or ongo ing impacts to
the environment?
d) Expose people or structures to
significant risks, including downslope
or downstream flooding or landslides,
as a resul t of runoff , post -fire slo pe
instability, or drainage changes?
City of Hercules — 2023-2031 Housing Element Update 131 Negative Declaration July 2022
Environmental Setting
According to the State CalFire “SRA Viewer” websi te5, the Cit y i s not located within a very h igh fire hazard severity zone for wildfires or in a State Responsibility Area (SRA).
Impacts and Mitigation Measures from Previous EIRs
The previous EIRs, including the General Plan EIR, did not identify any sig nificant impacts of any of the projects related to wildfires and no mitigation was recommended.
Regulatory Framework
Although fire protection services are often managed at the local level, the State Department of Forestry and Fire Prevention (CalFire) ide ntifies zones of high risk from wildfires in the state, and also iden tifies area of land that are managed for fire pr otection by the state (State Responsibility Area or SRA) or a Local Responsibility Area (LRA). The City of Hercules is in a LRA and service s are provid ed by the Rodeo–Hercules Fire Protection District.
Project Impacts
a) Less Than Significant Impact . The City Office of Emergency Management coordinates disaster response and recovery efforts in the City . The City’s goal is to respond to eme rgency situations with a coordinated syste m of emergen cy service pr oviders and facilities. The City has planned responses to extraordinary emergency situations associated with natural disasters, technological incidents, terrorist activities, and war -related operations. The City is part of a county and statewide emergency management system that addresses evacuation and mo vement of people in the event of an emergency.
The HEU does not involve any road construction or any development activity and thus will n ot obstruct or restrict emergency access t o or through the City. Fu ture housing development facilitated by implementa tion of Housing Element policies will be subject to site plan review and approval during entitlement review and/or application for building permits. The local Fire Department review s all plans to ensure com pliance with all applicable emergency access and safety requirements. Impacts involving emergency access will be less than significant with continued implementation of development review pr ocedures. Therefore, any impacts will be l ess than significant and no mitigation is required.
b) Less Than Significant Impact. The City is relatively flat and is completely urban so there is little or no chance of a wildfire event affecting the City. No conditions in the City would lead residents to be exposed to pollutant concentrations in excess of those regional con ditions that could result in large wildfire in this portion of the County.
The HEU will allow the eventual construction of new housing in the City that may be subject to urban fires. However, there are no conditions in the City that would exacerbate wild fire risks and expose future project occupants to, pollutant concentrations from wildfire or the uncontrolled spread of a wildfire due to s lope, prev ailing winds, and other factors. Impacts wil l be less tha n significant and no mitigation is required.
5 https://bof.fire.ca.gov/projects-and-programs/state-responsibility-area-viewer/
City of Hercules — 2023-2031 Housing Element Update 132 Negative Declaration July 2022
c. No Impact. The City is in a generally urbanized setting and is not located in an area susceptible to wildfires or in an Local Responsibili ty Area fo r fire preservati on and protection. The Fire Department h as a Class 4 rating which is largely dependent on the distance from the local fire stations. The City has full infrastructure (roads, water lines with fire hydrants, etc.) to support fire protection services. Therefo re, the Project would not r equire the in stallation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water resources, power lines or other utilities) that may exacerbate fire risk or that may resu lt in temp orary or ongoing impacts to the environment. There are no impacts and no mitigation is required.
d. Less Than Significant Impact. Sections 9.C and 9.D of this Initial Study concluded that future housing in the City under the Project would not experience significant imp acts from flooding.
Therefore, the Pro ject would not expose people or structures to signif icant risks, including downslope or downstream flooding or landslides, as a result of runoff, post -fire slope instability, or drainage changes. The Impacts will be less than significant and no mitigation is required.
City of Hercules — 2023-2031 Housing Element Update 133 Negative Declaration July 2022
4.21 Mandatory Findings of Significance
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Does the project have the potential to
degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species,
cause a fish or wildlife population to
drop below self -sustaining levels,
threaten to eliminate a plant or
animal commun ity, red uce the
number or restrict the range of a rare
or endange red plant or animal or
eliminate important examples of the
major periods of California history or
prehistory?
b) Does the pr oject have impacts that
are individually limit ed, 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 oth er
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?
a) Less than Significant Impact . The results of the preceding analysis indicate that the proposed HEU would have less than significant imp acts upon sensitive biological, historical, archaeological, or paleontological resources. There will be less than significant impacts to scenic vistas and visual character and resources. Less than significant impacts would also occur with regard to air qu ality, geology and soils, greenho use gases, hazards and haza rdous m aterials, hydrology and water quality, noise, public services, recreation facilities, traffic and transportation, and utilities and services systems.
The results of the preceding analysis indicate that the proposed HEU would have no significant impact on agricultural resources, land use and planning, mineral resources, or population and
City of Hercules — 2023-2031 Housing Element Update 134 Negative Declaration July 2022
housing. The proposed project involves consideration of an updated Housing Element as part of the Genera l Plan. No construction would dir ectly result from approval of the proposed project.
Future construction that could be indirectly caused as a result of the updated Element has been previously analyzed in other CEQA documents. The City finds that impacts re lated to degradation of the environment will be less than significant.
b) Less than Significant Impact . Cumulative effects resulting from full implementation of the City’s land use policies were eval uated in the General Plan EIR. The proposed HEU would not change any of these policies and do not propose any spec ific development or redevelopment project that could contribute to short-term or long-term cumulative impacts that were not addressed sufficiently in the General Plan EIR . The proposed HEU does not include any changes to land us e designations and thus is consistent with the analy sis in the General Plan EIR . The City finds that the contribution of the proposed HEU to cumulative impacts will be less than significant.
c) Less than Significant Impact. As supported by the precedi ng environmental evalua tion, the project would not result in substantial ad verse effects on human beings. Under each environmental consideration addressed in the preceding analysis, the proposed project is considered to hav e little or no adverse impacts on people and the environ ment. Based on the analysis in this Initial Study, the City finds that direct and indirect impacts to human beings will be less than significant.
City of Hercules — 2023-2031 Housing Element Update 135 Negative Declaration July 2022
SECTION 5: REFERENCES
5.1 Sources
CEQA Guidelines, Bay Area Air Quality Management District (BAAQMD), 2017.
Cortese List, California Department of Toxic Substances Control,
City of Hercules General Plan Circulation Element Update, February 27, 2018.
City of Hercules General Plan Land Use and Cir culation Element Update and Redevelopme nt Plan, Draft Environmental Impact Report, ESA, June 1995.
Bayfront Project Environmental Impact Report, Wagstaff & Associates, 2010.
Hercules New Town Center Environmental Impact Report, RBF Consulting, 2008.
Hercules Updated 2009 Redevelopment Plan Environmental Impact Report, Impact Sciences, 2009.
California Fossil Sites and Collecting Localities (FossilSpot), 2020. http://fossilspot.com/STATES/CA.HTM
Quickfacts, City of Hercules, California. United States Census Bureau (USCB), 2022. https://www.census.gov/quickfacts/herculescitycalifornia
5.2 Agencies Consulted
The following agencies and organizations were contacted in the course of this Initial Study:
City of Hercules
Timothy Rood, Community Development Director
5.3 List of Preparers
City of Hercules, Community Development Department
111 Civic Drive
Hercules, California 94547
(510) 799-8251
Timothy Rood, Community Development Director
MIG
1650 Spruce Street, Suite 106
Riverside, CA 92507
Edward Samson, Project Manager
Bob Prasse, Director of Environmental Services
Kent Norton, Senior Environmental Planner
Cameron Hile, Project Assistant