City of Richmond–100 38th Street Project
Environmental Checklist Initial Study/Consistency Checklist and Addendum
132 FirstCarbon Solutions
Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Parking Lot Activities
Typical parking lot activities include people conversing, doors shutting, and vehicles idling which generate noise levels ranging from approximately 60 dBA to 70 dBA Lmax at 50 feet. These activities are expected to occur sporadically throughout the day, as residents and visitors arrive and leave parking lot areas at the project site.
The nearest off-site sensitive receptor to the proposed parking areas are the single-family residences south of the project site, on Ohio Avenue. The façade of the closest residence would be located approximately 120 feet from the acoustic center of parking lot activity. Assuming a reasonable worst- case scenario of one parking movement for every parking stall within a single hour would result in an hourly average noise level of 50 dBA Leq as measured at this nearest residential receptor. The calculation spreadsheet with the detailed modeling assumptions is included in Appendix F of this document. Therefore, noise generated by parking lot activities would not exceed the City’s most- restrictive noise performance standard of 55 dBA Lmax for 30 minutes within an hour. Therefore, noise levels from proposed parking lot activity would not result in a substantial permanent increase in ambient noise levels in excess of standards established in the local general plan or noise ordinance, and the impact would be less than significant.
Operational/Mobile Source Noise Impacts
The City Council finds that operation of new land uses under the proposed General Plan would generate increased local traffic volumes that would cause a substantial permanent increase in ambient noise levels in the project vicinity. However, operational noise impacts at the General Plan implementation and cumulative level were mitigated to a less than significant level with implementation of General Plan policies and MM 3.10-5, as well as with implementation of mitigation measures within the jurisdiction and responsibility of other agencies, including Caltrans.
A significant impact would occur if implementation of the proposed project would result in a substantial increase in traffic noise levels compared with traffic noise levels existing without the project. A characteristic of noise is that an audible increase in noise levels generally refers to a change of 3 dBA or more, as this level of increase has been found to be barely perceptible to the human ear in outdoor environments. Therefore, for purposes of this analysis, an increase of 3 dBA or greater over conditions that would exist without the proposed project would be considered a substantial permanent increase in traffic noise levels.
The FHWA highway traffic noise prediction model (FHWA RD-77-108) was used to evaluate existing and future project-related traffic noise conditions in the vicinity of the project site. The daily traffic volumes were obtained from the traffic analysis prepared for the project by W-Trans. 64 The resultant
noise levels were weighed and summed over a 24-hour period in order to determine the Ldn values.
The traffic noise modeling input and output files are included in Appendix F of this document. Table 17 shows a summary of the traffic noise levels for existing, Existing Plus Project, cumulative, and cumulative plus project conditions as measured at 50 feet from the centerline of the outermost travel lane.
64 W-Trans. 2021. Traffic Impact Study for the 100 38th Street Mixed Use Project. October 26.
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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Table 17: Traffic Noise Model Results Summary
Roadway Segment
Ldn (dBA) 50 feet from Centerline of Outermost Lane
Existing
(dBA) Ldn
Existing +
Project
(dBA) Ldn
Increase
Over
Existing
(dBA) Ldn
Cumulative
(dBA) Ldn
Cumulative
+ Project
(dBA) Ldn
Increase
Over
Cumulative
(dBA) Ldn
37th Street–Macdonald Avenue
to Bissel Avenue 59.0 59.3 0.3 61.1 61.3 0.2
37th Street–south of Bissel
Avenue 59.5 59.6 0.1 61.5 61.6 0.1
Bissel Avenue–37th Street to
39th Street 53.5 54.3 0.8 55.5 56.0 0.5
39th Street–Macdonald Avenue
to Bissel Avenue 49.5 50.3 0.8 51.9 52.2 0.3
Notes:
ADT = Average Daily Trips
dBA = A-weighted decibel
Ldn = Day/Night average noise level. It is the time-varying noise over a 24-hour period, with a 10-dBA weighting factor applied to noise occurring from 10:00 p.m. to 7:00 a.m. (defined as sleeping hours). * Modeling results do not take into account mitigating features such as topography, vegetative screening, fencing, building design, or structure screening. Rather it assumes a worst-case scenario of having a direct line of site on flat terrain.
Source: FirstCarbon Solutions (FCS) 2021.
The highest traffic noise level increase with implementation of the project would be an increase of
0.8 dBA over conditions that would exist without the project. This increase is well below the 3 dBA increase that would be considered a substantial permanent increase in noise levels compared with noise levels that would exist without the project. Therefore, project-related traffic noise impacts to traffic noise levels that would exist without the project would be less than significant.
Substantial Increase Conclusion
Therefore, the development of the proposed project would not result in new or more severe impacts related to project-related substantial noise increases beyond what was previously analyzed in the General Plan FEIR.
b) Groundborne Vibration
Would the project result in: Generation of excessive groundborne vibration or groundborne noise levels?
The General Plan FEIR did not evaluate impacts at the project level. Therefore, the following analysis provides an evaluation of potential project-level impacts with respect to groundborne vibration.
City of Richmond–100 38th Street Project
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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Short-term Construction Vibration Impacts
In the noise analysis of the General Plan FEIR, the City found that the construction of future new land uses under the proposed General Plan would continue to generate or expose persons or structures to temporary groundborne vibration. With the implementation of General Plan policies and the following revised MM 3.10-2, construction-related noise and vibration impacts at the General Plan and cumulative level are mitigated to a less than significant level.
A significant impact would occur if existing structures at the project site or in the project vicinity would be exposed to groundborne vibration levels in excess of levels established by the FTA’s Construction Vibration Impact Criteria for the type of structure.
Of the variety of equipment used during construction, the large vibratory rollers that could be used in the site preparation phase of construction would produce the greatest groundborne vibration levels. The proposed foundation would not involve impact pile driving. Large vibratory rollers produce groundborne vibration levels ranging up to 0.201 inch per second (in/sec) PPV at 25 feet from the operating equipment. The nearest off-site receptor to the project site is the multi-family residential land use located on Bissell Avenue, north of the boundary of the project site. The façade of this building would be located approximately 95 feet from the nearest construction footprint where the heaviest construction equipment would potentially operate. At this distance, groundborne vibration levels would range up to 0.027 PPV from operation of the types of equipment that would produce the highest vibration levels. This is below the FTA’s Construction Vibration Impact Criteria of 0.2 PPV for buildings of non-engineered timber and masonry. Therefore, the impact of short-term groundborne vibration associated with construction to off-site receptors would be less than significant.
However, the proposed project would also include the demolition and refurbishment of the ramp entrance to the adjacent court office building. Potential vibration levels from these activities to this office building could exceed the FTA’s Construction Vibration Impact Criteria of 0.5 in/sec PPV for this type of structure, a building of reinforced concrete and steel structure. This would be a significant impact and mitigation would be required.
However, the proposed project must comply with the FEIR MM 3.10-1 requiring preparation of a construction noise and vibration mitigation plan to reduce vibration impacts to adjacent receptors.
With implementation of this measure, vibration impacts would be reduced to less than significant.
Therefore, the development of the proposed project would not result in new or more severe impacts related to construction-related groundborne vibration beyond what was previously analyzed in the General Plan FEIR.
Operational Vibration Impacts
The General Plan FEIR concluded that with implementation of General Plan Policies and Actions (Actions SN4.1, SN4.2, SN4.3, SN4.A and SN4.C), the potential for excessive groundborne vibration or groundborne noise levels resulting from operation of new land uses under the proposed General Plan is considered to be a less than significant impact.
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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx A significant impact would occur if the project would generate groundborne vibration levels in excess of the FTA’s vibration impact thresholds as measured at sensitive receptors in the project vicinity.
Implementation of the proposed project would not include any permanent sources of vibration that would expose persons in the project vicinity to groundborne vibration levels that could be perceptible without instruments at any existing sensitive land use in the vicinity of the project site.
However, the project would introduce a new sensitive receptor to a site that is located adjacent to the BART rail line, an existing mobile vibration source. The nearest façade of the proposed project would be located over 150 feet from the nearest BART railroad tracks. At this distance, reasonable worst-case groundborne vibration levels from BART operations would not exceed the FTA’s vibration impact threshold of 85 VdB for human annoyance (the operational vibration criteria cited in the General Plan FEIR). Therefore, project operational groundborne vibration impacts would be less than significant.
Therefore, the development of the proposed project would not result in new or more severe impacts related to operational groundborne vibration sources beyond what was previously analyzed in the General Plan FEIR.
c) Airport or Private Airstrip Noise
Would the project result in: For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The General Plan FEIR noted that there are no airports within the City of Richmond and any aircraft flying over the City would be outside the 65 dBA CNEL noise impact areas.
The project site is not located within the vicinity of a private airstrip. The nearest public airport to the project site is the Oakland International Airport in Alameda County, located approximately 14.5 miles southeast of the project site. The next closest airport to the project site is the Buchanan Field Airport, located approximately 15.2 miles east of the project site. Because of the distance from these airports and the orientation of the airport runways, the project site is located outside of the 65 dBA CNEL airport noise contours. No impact would occur.
Therefore, the development of the proposed project would not result in new or more severe impacts related to airport noise beyond what was previously analyzed in the General Plan FEIR.
FEIR Mitigation Measures Applicable to the Proposed Project FEIR MM 3.10-1 Future projects shall incorporate project-specific mitigation measures to reduce the impact of construction noise.
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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx a. As part of its discretionary approval and environmental review process for future projects, the City will require a noise and vibration construction activity minimization and mitigation plan for any multi- story development project located within a residential neighborhood, or located adjacent to a residence, school, or hospital or other sensitive receptor. The plan must address high-noise or vibration construction activities such as pile driving, and must address outdoor construction activities occurring outside normal weekday business hours. The plan must also address construction-related noise and vibration from current and concurrently with project-related construction activities to address potential cumulative noise and vibration impacts. Excessive noise and vibration impacts from such construction-related activities (defined as noise and vibration impacts that would not occur from similar construction-related activities) shall be avoided or minimized to the extent feasible, and high-noise or vibration construction activities shall not occur during evenings or weekends adjacent to occupied residential units.
b. The City will compile and periodically update Best Management Practices ("BMPs") for minimizing and mitigating noise and vibration impacts from construction activities, for use as appropriate in noise and vibration plans required under MM 3.10-2(a) above.
c. The City will consider and may adopt appropriate modifications to the Noise Ordinance to establish criteria for construction-related noise and vibration impacts during daytime weekday hours, and will consider and include feasible conditions in building, demolition, and grading permits to avoid or minimize excessive noise and vibration from construction activities.
d. This mitigation measure does not eliminate or supersede any other applicable legal requirement, including but not limited to the Noise Ordinance included in the Municipal Code.
This plan shall outline the project’s required compliance with General Plan Action SN4.E which requires preparation of construction traffic plans that mitigate noise, traffic, and dust during construction. This plan shall also outline the project’s required compliance with Article
15.04.605.060 of the Municipal Code which limits general construction activities to weekdays from 7:00 a.m. to 6:00 p.m., and limits pile driving and similar loud equipment activity to weekdays from 8:00 a.m. to 5:00 p.m.
Implementation of this mitigation measure would ensure that project- related construction noise impacts would be reduced to the extent technically and economically feasible and would be less than significant.
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There is no additional information identifying new significant effects, nor is there an increase in the severity of previously identified impacts related to noise. The conclusions from the General Plan EIR regarding noise impacts remain unchanged. No further analysis is required.
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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Environmental Issue
Area
Conclusion in
General Plan
FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
XIII. Population and Housing
Would the project:
a) Induce substantial
unplanned population
growth in an area,
either directly (for
example, by proposing
new homes and
businesses) or indirectly
(for example, through
extension of roads or
other infrastructure)?
None
identified
No No No MM 3.2-2
b) Displace substantial
numbers of existing
people or housing,
necessitating the
construction of
replacement housing
elsewhere?
None
identified
No No No None
a) Growth Inducement
Would the project: 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)?
The General Plan FEIR did not analyze Population and Housing as a separate resource area, however, the General Plan FEIR discussed population growth throughout the General Plan FEIR. It concluded that because of the goal to stimulate higher intensity development within the City of Richmond, the City will capture a regional population growth of 13 percent. This would result in an increase in population of 30,147 and an additional 22,488 jobs over the next 20 years. It is also estimated that the General Plan would add approximately 15,548 housing units within the City. In approving the General Plan, the City Council found that implementation of the General Plan could result in physical impacts due to population growth; however, implementation of MM 3.2-2 would ensure there would be a less than significant cumulative impact related to growth by requiring the City to track addition of new jobs to ensure consistency with projected growth.65 The proposed project consists of the reuse of the existing building and construction of an adjoining 5-story building, in order to develop 135 new affordable multi-family homes, offices for support staff,
65 The implementation of MM 3.2-1, requiring the City to track new housing units, has been suspended to conform with State mandates for provision of housing.
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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx and an approximately 8,800 square foot daycare center. With an average value of 2.93 persons per household, the proposed project could increase population by 396 persons.66 In addition, the proposed project would require a GPA to change the land use designation to Medium-Intensity Mixed-use (Commercial Emphasis) and a zoning amendment to change the zoning to Commercial Mixed Use, Commercial (CM-3). This designation and zoning allows for residential development. The anticipated population growth resulting from the proposed project would be within General Plan FEIR projections. Therefore, the impact of population growth proposed by new housing would be less than significant.
b) Displacement of Persons or Housing
Would the project: Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
The General Plan FEIR did not analyze Population and Housing as a resource area, and therefore, did not identify any impacts on growth inducements. However, the General Plan FEIR discussed population growth throughout the General Plan FEIR. It concluded that population is expected to increase by 30,147 with an additional 22,488 jobs over the next 20 years. It is also estimated that the General Plan would add approximately 15,548 housing units within the City. These housing units would accommodate the projected increase in population.
The proposed project would include construction of 135 new affordable multi-family homes. With an average of 2.93 persons per household these homes could accommodate 396 persons. The proposed project’s Medium-Intensity Mixed-Use (Commercial Emphasis) land use designation and Commercial Mixed Use, Commercial Emphasis (CM-3) zoning allows for residential development. The proposed project would provide housing for the growing population and would not displace substantial numbers of existing people or housing. Therefore, the proposed project would not result in new or more severe impacts related to in displacement of substantial numbers of existing people or housing than what was previously analyzed in the General Plan FEIR.
FEIR Mitigation Measures
MM 3.2-2 Based on available U.S. Census or Association of Bay Area Governments (ABAG) data, the City shall track the number of new jobs to determine whether new development exceeds the amount of development assumed in the General Plan EIR (22,488 jobs). City staff shall provide a report on the number of new jobs to the City Council annually and if the number of jobs approaches or exceeds 80 percent of the number assumed in the General Plan EIR (9,950 jobs), the City shall prepare an update to the General Plan and General Plan EIR to assess the environmental effects of additional projected growth.
66 United States Census Bureau. Richmond City, California. Website: https://www.census.gov/quickfacts/richmondcitycalifornia.
Accessed September 3, 2021.
City of Richmond–100 38th Street Project
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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Conclusion
There is no additional information identifying new significant effects, nor is there an increase in the severity of previously identified impacts related to population and housing. The conclusions from the General Plan EIR regarding population and housing remain unchanged. No further analysis is required.
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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Environmental Issue
Area
Conclusion in
General Plan
FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New Information
Requiring New
Analysis or
Verification?
General Plan
FEIR
Mitigation
Measures
XIV. 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 other performance objectives for any of the public services:
a) Fire protection? Less than
significant
impact
No No No None
b) Police protection? Less than
significant
impact
No No No None
c) Schools? Less than
significant
impact
No No No None
d) Parks? None
identified
No No No None
e) Other public facilities? Less than
significant
impact
No No No None
a) Fire Protection
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 other performance objectives for any of the public services: Fire protection?
According to the General Plan FEIR new development under the General Plan would not cause the Richmond Fire Department (RFD) to travel farther or require additional time to reach the new development; the new development within the change areas would occur as infill. To further reduce the impact of new development on the existing RFD facilities, equipment, and personnel, the City requires that the proposed structures, access, and water supply meet the California State Fire Code and City building requirements. In addition, project developers would be required to pay development impact fees as established by City ordinance. The City would mitigate impacts on the existing RFD facilities, equipment, and personnel by imposing development impact fees to fund public facilities, including fire facilities. Therefore, impacts to fire protection were determined to be less than significant with implementation of applicable policies and actions contained in the General Plan.
City of Richmond–100 38th Street Project
Environmental Checklist Initial Study/Consistency Checklist and Addendum
142 FirstCarbon Solutions
Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx The proposed project would likely increase residency population in the area. The closest fire station, Station 66, is approximately 0.5 mile north of the project site at 4100 Clinton Avenue. As new development under the General Plan would not cause the RFD to travel farther or require additional time to reach the new development, the proposed project would not increase fire protection travel time. The proposed project would meet the California State Fire Code and City building requirements. In addition, the project developers would pay development impact fees as established by City ordinance. With adherence to General Plan policies for the City, the proposed project would not result in new or more severe impacts related to fire protection than what was previously analyzed in the General Plan FEIR.
b) Police Protection
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 other performance objectives for any of the public services: Police protection?
According to the General Plan FEIR, impacts on police protection services are considered significant if an increase in population would result in inadequate staffing levels (as measured by the ability of the Richmond Police Department to respond to call loads) and/or increased demand for services would require the construction or expansion of new or altered facilities that might have an adverse physical effect on the environment. Richmond Police Department prepares annual reports outlining the department’s performance and personnel-to-population ratio. Currently, there are 1.6 sworn officers per every 1,000 City residents, and the Richmond Police Department currently maintains an acceptable level of service. Projected growth under the General Plan would result in an additional 30,147 residents by 2030. Based on current personnel-per-capita ratios, this population growth would require 48 additional sworn officers. The General Plan would increase the intensity of development in the change areas, but these areas are already currently served by police protection services and thus would not result in an increase in response times for various calls for service.
The proposed project would likely increase residency population in the area. The project site is located in Beat 7 in the northern sector of the Richmond Police Department. The nearest police station is located at 401 27th Street, approximately 0.70 mile southwest of the project site. Proposed growth resulting from the proposed project would not increase response times for various calls for service as the proposed project is located in an area already currently served by police protection services. In addition, the proposed project would adhere to General Plan policies to further reduce potential impacts on police protection services. Thus, the proposed project would not result in new or more severe impacts related to police protection that what was previously analyzed in the General Plan FEIR.
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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx c) Schools
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 other performance objectives for any of the public services: Schools? According to the General Plan FEIR, the General Plan could add as many as 15,548 housing units in the City by 2030. Using West Contra Costa Unified School District (WCCUSD) student generation factors, the General Plan could result in a student population increase of approximately 10,448 students by 2030. Impacts due to increases in school enrollment would be reduced through the payment of school impact fees, required for all new development. These fees would be based on the use and size of a project. Additionally, the General Plan contains Policies and Implementing Actions that require adequate school infrastructure be provided as new development occurs, which would further reduce the potential for impact on school facilities.
The proposed project would likely increase residency population in the area. The WCCUSD serves the project site. The closest elementary school, King Elementary School, is located 0.20 mile south of the project site at 4022 Florida Avenue. The nearest middle school, Lovonya DeJean Middle School, is located 0.23 mile west of the project site at 3400 Macdonald Avenue. The proposed project would not require development of additional school facilities. Potential impacts resulting from the proposed project would be reduced through the payment of school impact fees in addition to compliance with General Plan Policies and Actions. Therefore, the proposed project would not result in new or more severe impacts related to school facilities than what was previously analyzed in the General Plan FEIR.
d, e) Parks and Other 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 other performance objectives for any of the public services: Parks? Other public services?
According to the General Plan FEIR, impacts to library resources are considered significant if the proposed project would result in the need for new or physically altered library facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for library services. The City of Richmond currently has no standard for library services. Increased development in the City does not necessarily equate to an increase in need for total volumes or square feet of library space. The City determined that General Plan policies and Implementing Actions would reduce potential impacts on library services.
City of Richmond–100 38th Street Project
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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx The proposed project would likely increase residency population in the area. The project site is served by the Richmond Public Library and the library closest to the project site is the Main Branch Library, located approximately 0.6 mile south of the project site at 325 Civic Center Plaza. Proposed project development would not result in an increase in need for library space. With adherence to General Plan Policies and Actions, the proposed project would not result in new or more severe impacts related to library services than what was previously analyzed in the General Plan FEIR.
FEIR Mitigation Measures
None.
Conclusion
There is no additional information identifying new significant effects, nor is there an increase in the severity of previously identified impacts related to public services. The conclusions from the General Plan EIR regarding public services remain unchanged. No further analysis is required.
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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Environmental Issue
Area
Conclusion in
General Plan
FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New Information
Requiring New
Analysis or
Verification?
General Plan
FEIR
Mitigation
Measures
XV. Recreation
Would the project:
a) Would the project
increase the use of
existing neighborhood
and regional parks or
other recreational
facilities such that
substantial physical
deterioration of the
facility would occur or
be accelerated?
Less than
significant
impact
No No No None
b) Does the project include
recreational facilities or
require the construction
or expansion of
recreational facilities,
which might have an
adverse physical effect
on the environment?
Less than
significant
impact
No No No None
a, b) Existing Neighborhood and Regional Parks and Recreational Facilities Would the project: a) increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated; or
Does the project: b) include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment?
The General Plan FEIR determined that the resulting increase in population from General Plan buildout would increase demand for parks and that the City would need to acquire 90.4 acres of additional parkland in the year 2030 to meet its standard of 3 acres of parkland per 1,000 residents.
The General Plan FEIR concluded that implementation of General Plan policies, payment of in lieu fees or dedication of land consistent with Chapter 15.08.400 of the Municipal Code,67 and surrounding regional and State Parks would ensure the City would have adequate park facilities to serve future residents and impacts would be less than significant.
67 City of Richmond. 2020. City of Richmond Municipal Code – Chapter 15.08.400 – Park and Recreation Dedication and Fees.
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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Furthermore, the General Plan FEIR determined that implementation of General Plan policies and payment of impact fees consistent with the Municipal Code would ensure sufficient recreational facilities are provided to meet City standards. It was noted that the parks that serve the City, including regional parks, far exceed the City’s per-resident parkland standard. Thus, the City would be adequately served in the future and impacts would be less than significant.
As stated in the Project Description, the proposed project would redevelop Building A into 59 units and Building B would provide a total of 75 units. Building B would also provide 8,797 square feet of office space for supporting uses, including childcare. In total, project implementation would develop 135 new multi-family homes.
Due to the nature of the proposed project, it is likely that the population will increase and therefore, may increase the demand for park facilities in the surrounding area. The nearest parks are Nicholl Park located approximately 0.5 mile west of the project site at 3230 Macdonald Avenue and John F. Kennedy Park located approximately 0.7 mile south of the project site located at Cutting Boulevard and South 41st Street. As the General Plan FEIR stated that a population increase would be expected in the City, surrounding regional and State Parks would ensure the City would have adequate park facilities to serve future residents through payment of in lieu fees or dedication of land consistent with Chapter
15.08.400 of the Municipal Code. As a result, impacts would be less than significant.
Additionally, the proposed project does not include recreational facilities or require the construction or expansion of recreational facilities. Therefore, the proposed project would not result in new or more severe impacts related to park facilities beyond what was previously analyzed in the General Plan FEIR.
FEIR Mitigation Measures
None.
Conclusion
There is no additional information identifying new significant effects, nor is there an increase in the severity of previously identified impacts related to recreation. The conclusions from the General Plan EIR regarding land use and planning remain unchanged. No further analysis is required.
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Area
Conclusion in
General Plan FEIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
General Plan
FEIR
Mitigation
Measures
XVI. Transportation
Would the project:
a) Conflict with a program
plan, ordinance or policy
of the circulation system,
including transit, roadway,
bicycle and pedestrian
facilities?
Less than
significant impact
with mitigation
incorporated
No No No MM 3.14-1
and
MM 3.14-3
b) Would the project conflict
or be inconsistent with
CEQA Guidelines Section
15064.3, subdivision (b)?
None identified No No No None
c) Substantially increase
hazards due to a
geometric design feature
(e.g., sharp curves or
dangerous intersections)
or incompatible uses
(e.g., farm equipment)?
Less than
significant
impact
No No No None
d) Result in inadequate
emergency access?
Less than
significant impact
with mitigation
incorporated
No No No MM 3.14-6
a) Congestion Management Plan
Would the project: Conflict with a program plan, ordinance or policy of the circulation system, including transit, roadway, bicycle and pedestrian facilities? The General Plan FEIR determined that General Plan buildout may result in traffic congestion that exceeds the previous City of Richmond traffic LOS standard of LOS D, as well as CCTA and the West Contra Costa County Transportation Advisory Commission (WCCTAC) LOS and Multimodal Transportation Service Objectives (MTSO) standards. LOS and MTSO impacts can and should be mitigated to a less than significant level by CCTA and WCCTAC through the adoption of appropriate LOS and MTSO thresholds, which are beyond the City's jurisdiction and control. The City adopted MM 3.14-1 to bring this impact to a less than significant level. With the City’s projected population increase under full buildout of the General Plan, the General Plan includes policies that would reduce traffic associated with development. Additionally, any future development would be subject to environmental review to determine impacts on traffic in accordance with CEQA Guidelines. Future planning efforts and environmental analysis would address additional growth beyond General Plan buildout.
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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Due to the nature of the proposed project, it is likely that the population will increase and therefore, may result in traffic congestion. Potential traffic impacts from the proposed project were analyzed by W-Trans and are included in the “Traffic Impact Study for the 100 38th Street Mixed Use Project” (January 31, 2022) included in Appendix H, Traffic Supporting Information. The anticipated trip generation for the proposed project was estimated using standard rates published by the Institute of Transportation Engineers (ITE) in Trip Generation Manual, 10th Edition, 2017 based on “Day Care Center” (Land Use #565), “Multi-family Housing (Mid-Rise)” (Land Use No. 221), and “General Office Building” (Land Use No. 710) as these land uses most closely match the proposed project. It is noted that two of the employees would live on-site so the rates for employees were applied to the office use and the two employees living on-site are not included in the trip generation. Since a portion of the on-site residents and employees are expected to also use the childcare facility, a conservative internal capture reduction factor of 20 percent was applied to all childcare-related trips. Some portion of th e traffic associated with the project would be drawn from existing traffic on nearby streets.
The proposed project is expected to generate an average of 879 net-new trips per day, including 74 AM peak-hour trips, and 85 PM peak-hour trips, as shown in Table 18.
Table 18: Trip Generation Summary
Land Use Units
Daily AM Peak-hour PM Peak-hour
Rate Trips Rate Trips In Out Rate Trips In Out
Proposed
Childcare 80 std 4.06 115 0.78 22 12 10 0.79 22 11 11
Housing 135 du 8.72 764 0.73 52 16 36 0.84 63 37 26
Total – 879 – 74 25 43 – 85 44 37
Notes:
std = student
du = dwelling unit
Source: W-Trans 2021.
W-Trans applied the peak-hour trips to four study intersections and found that all study intersections currently operate acceptably and would continue to do so under project conditions. W-Trans notes that under cumulative conditions (2040), all intersections would continue to operate acceptably with the exception of the east/west Bissell Avenue approach, which is projected to operate at Level of Service (LOS) F with or without the proposed project. This result indicates that a signal would be warranted if traffic volumes increase as indicated in the model. The City will continue to evaluate this location and may prioritize the implementation of a signal if traffic volumes increase as anticipated. Installation of a signal, if warranted, would improve the intersection operation to LOS A.
Regarding transit facilities, the General Plan FEIR included MM 3.14-3 to ensure that the City shall continue to cooperate and coordinate with transit agencies and work with the community to
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In reviewing the proposed project, the traffic study notes that existing transit routes are adequate to accommodate project-generated transit trips. Existing stops along Macdonald Avenue are within an acceptable walking distance of the site. The volume of riders expected to be generated by the project can be accommodated by the existing bus services, with several lines and frequent headways, near the project site. However, in accordance with MM 3.14-3, the City will continue to coordinate with transit agencies to seek further improvements and enhancements to the existing system.
b) I nconsistent with CEQA Guidelines Section 15064.3
Would the project: Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)?
This question was not included in the General Plan FEIR. No determination was made in the General Plan FEIR regarding the LOS related to the City’s consistency with CEQA Guidelines Section 15064.3 (b), which relates to the proposed project’s impacts on VMT because this question was not a part of the CEQA checklist at this time. Although VMT analysis was not a required component of transportation analysis under CEQA at the time the General Plan FEIR was prepared and certified, VMT was a known metric, and the potential for project travel demand to result in GHG emissions was studied in the General Plan FEIR. Therefore, the introduction of this metric is not considered “new information” for CEQA purposes, and it does not trigger the need for subsequent environmental review. However, as discussed below, even if a VMT analysis were required, the project would result in a less than significant impact. Accordingly, no new or more severe impact as compared to the General Plan FEIR would result.
Pursuant to Senate Bill (SB) 743, transportation impacts must be assessed using VMT analysis beginning February 4, 2021. Because the City has not yet adopted a standard of significance for evaluating VMT, guidance provided by the Governor’s Office of Planning and Research (OPR) in the publication Transportation Impacts (SB 743) CEQA Guidelines Update and Technical Advisory, 2018, was used. Guidance provided in these documents recommends the use of screening thresholds to quickly identify when a project should be expected to result in a less than significant impact without conducting a detailed study.
The City’s criteria further states that 100 percent affordable housing can be presumed to cause a less than significant VMT impact. This policy is consistent with OPR guidance, which states that there is evidence supporting a presumption of a less than significant impact for a 100 percent affordable residential development in infill locations.
The criteria also states that local serving retail projects comprised of less than 30,000 square feet can be presumed to cause a less than significant VMT impact since these types of uses would primarily draw users and customers from a relatively small geographic area that would lead to short-distance trips and trips that are linked to other destinations. The total demand for retail in a region, or in this
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Because the proposed project would satisfy the affordable housing screening criteria, the proposed project would meet the Richmond VMT Criteria for residential projects. Residential projects would have to generate vehicle travel at 15 or more percent below the baseline regional average household VMT per capita to have a less than significant impact on VMT. The proposed project has a home- based VMT of 9.2 miles per resident, because the VMT rate is lower than the significance threshold there would be a less than significant impact. Therefore, the proposed project would not result in new impacts related to traffic increase beyond what was previously analyzed in the General Plan FEIR.
Impacts would be less than significant, and no additional analysis is necessary. c) Roadway Safety Hazards
Would the project: Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? The General Plan FEIR evaluated rail and roadway crossings for potential safety conflicts and determined that General Plan Policies and Actions would improve safety and mobility and no impacts would occur . The General Plan FEIR concluded that implementation of policies and provisions to maintain roadways and improve traffic flow would, in combination with construction of planned new roadway facilities, ensure impacts related to roadway safety hazards would be less than significant.
The proposed project would remove the existing driveway on Bissell Avenue and the eastern driveway at the Courthouse Complex and construct a new driveway for primary access on Bissell Avenue. The posted speed limit for Bissell Avenue is 25 miles per hour (mph), with a corresponding minimum recommended stopping sight distance of 150 feet. The available sight distance at the project driveway is estimated to exceed 150 feet in both directions. Therefore, the proposed project and would not result in new impacts related to roadway hazards due to design feature or incompatible uses beyond what was previously analyzed in the General Plan FEIR d) Emergency Access
Would the project: Result in inadequate emergency access? The General Plan FEIR determined that population growth projected under General Plan buildout would substantially increase traffic congestion and therefore, delays for emergency vehicles would be increased as well. However, the General Plan FEIR determined buildout would cause traffic congestion on local roadways that would reduce vehicle travel speeds such that emergency vehicles would be significantly delayed. The General Plan FEIR determined that impacts would be less than significant, with the implementation of MM 3.14-6.
Access to the project site would be provided by a new driveway on Bissell Avenue. The new driveway would be constructed as part of the new development and consistent with driveway widths required by the City of Richmond Municipal Code. The project site would also be accessed from 37th Street via an existing driveway shared with the neighboring Courthouse. Driveways would be expected to provide ample space to allow an emergency vehicle to enter and exit the project site safely. In
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FEIR Mitigation Measures
MM 3.14-1 Future projects shall incorporate project-specific mitigation measures to reduce traffic impacts.
MM 3.14-3 The City shall continue to cooperate and coordinate with transit agencies and work with the community to promote and advocate for improved transit services and increased transit capacity to meet anticipated General Plan implementation and cumulative impacts for transit service, and seek grant funding opportunities to supplement available transit service.
MM 3.14-6 The City will continue to support coordination among its departments and other agencies in planning for emergency access and response routes, and will periodically review and as appropriate update its emergency access and response route planning.
Conclusion
There is no additional information identifying new significant effects, nor is there an increase in the severity of previously identified impacts related to transportation. The conclusions from the General Plan EIR regarding land use and planning remain unchanged. No further analysis is required.
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Area
Conclusion in
General Plan
FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
General Plan
FEIR
Mitigation
Measures
XVII. Utilities and Service Systems
Would the project:
a) Require or result in the
relocation or construction
of new or expanded water,
wastewater treatment or
stormwater drainage,
electric power, natural gas,
or telecommunications
facilities, the construction
or relocation of which
could cause significant
environmental effects?
Less than
significant
impact
No No No None
b) Have sufficient water
supplies available to serve
the project and reasonably
foreseeable future
development during
normal, dry and multiple
dry years?
Less than
significant
impact
No No No None
c) Result in a determination
by the wastewater
treatment provider which
serves or may serve the
project that it has
adequate capacity to serve
the project’s projected
demand in addition to the
provider’s existing
commitments?
Less than
significant
impact
No No No None
d) Generate solid waste in
excess of State or local
standards, or in excess of
the capacity of local
infrastructure, or
otherwise impair the
attainment of solid waste
reduction goals?
Less than
significant
impact
No No No None
e) Comply with federal, State,
and local management and
reduction statutes and
regulations related to solid
waste?
Less than
significant
impact
No No No None
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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx a) Water, Wastewater, and Stormwater Facilities
Would the project: Require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
The General Plan FEIR evaluated the necessity of construction new water or water treatment facilities or the expansion of existing facilities and concluded that the EBMUD 2040 Demand Study demonstrated that sufficient water supply would be available to General Plan buildout development.
It was also determined that the EBMUD would meet the City’s water demand (230 million gallons per day [mgd] by year 2040), that the existing water supply would provide sufficient water supply capacity, and that EBMUD would provide verification of adequate water supplies for subsequent projects. The General Plan FEIR also determined that increased urban development as part of General Plan buildout could increase stormwater generation and the need for stormwater drainage facilities. Furthermore, the General Plan FEIR concluded that implementation General Plan Policies and Actions would address the potential for inadequate water supply and impacts related to exceedance of existing and planned stormwater capacity and additional source of polluted runoff impacts would be less than significant.
The project site is located within the Richmond Municipal Sewer District.68 Wastewater from the proposed project would be collected via new sewer lines and directed to Veolia Water North Wastewater Treatment Plant (WWTP). Wastewater generated on the project site would continue to comply with all provisions of the San Francisco Bay RWQCB NPDES permit system, and would not exceed applicable wastewater treatment requirements. The proposed project would increase wastewater generation compared to existing conditions. However . the proposed project is required to pay sewer service fees that would be used to fund any required improvements to wastewater treatment facilities. Because the proposed project would develop as intended in the General Plan, the proposed project would not result in new or more severe impacts related to wastewater treatment capacity beyond what was previously analyzed in the General Plan FEIR.
As mentioned in the Project Description, storm drainage would be collected in bioretention treatment areas before routing off the site through connections to existing storm drains in the parking lot and Bissell Avenue and 39
th Street. Thus, the proposed project would use the existing storm and sewer drains and the existing storm drain catch basin which extends throughout the project site. The proposed project would also be required to obtain all applicable permits related to stormwater generation during construction, which would include the completion of a Stormwater Control Plan. Therefore, the proposed project would not introduce new or more severe impacts related to stormwater system capacity beyond what was previously evaluated in the General Plan FEIR.
68 City of Richmond. 2013. Municipal Sewer System. Website: http://www.ci.richmond.ca.us/DocumentCenter/View/5627/COR - Sewer-District-Map?bidId=. Accessed June 17, 2020.
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Would the project: Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? As discussed above, the General Plan FEIR assessed whether the EBMUD would have adequate water supplies for the City of Richmond at buildout. The EBMUD prepared its 2040 Demand Study, which estimated future water demand for the EBMUD’s service area taking into account future developments within each different jurisdiction, including demands generated by the Richmond General Plan 2030. The General Plan FEIR determined that the EBMUD would meet the City’s water demand (230 mgd by year 2040), that the existing water supply would provide sufficient water supply capacity, and that EBMUD would provide verification of adequate water supplies for subsequent projects. The General Plan FEIR concluded that implementation of General Plan Policies and Actions would further reduce water consumption within the City by promoting water conservation methods and requiring new development pay fees for future infrastructure improvements to provide water conveyance and capacity increases. Therefore, as indicated in the General Plan FEIR, the City would have adequate water supply, including existing and additional supply, to meet planned future development demands plus the maximum anticipated demands from the General Plan.
As previously mentioned in the Project Description, the proposed project would utilize the existing water and sanitary lines in Bissell Avenue and those in 39 th Street, which extend throughout the
project site. The proposed project would increase water demand compared to the site’s existing vacant condition. Prior institutional use on the project site was estimated to be of approximately 1.4 mgd of daily water consumption.69 The proposed project’s Medium-Intensity Mixed-Use (Commercial Emphasis) land use designation would increase the project site’s prior use daily water consumption. With approval of the GPA, the proposed project would be consistent with the General Plan land use designation and Zoning Code designation and its corresponding development standards applicable to water use. Therefore, water demand for the project site was included in the EBMUD 2040 Demand Study, and the increase in demand associated with the proposed project is a nominal increase from what was assumed in the Urban Water Management Plan (UWMP) and represents a de minimis proportion of the projected water demand under General Plan buildout (230 mgd by year 2040). As a result, the City would have sufficient water supplies to serve the proposed project and would not require new or expanded water treatment facilities. Therefore, the proposed project would not result in new or more serve impacts related to water treatment facilities expansion beyond what was previously analyzed in the General Plan FEIR. c) Wastewater Treatment Capacity
Would the project: Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? The General Plan FEIR determined that implementation of General Plan policies would ensure that stormwater conveyance capacity constraints are remediated and maintained as development under
69 United States Energy Information Administration. 2012 Commercial Buildings Energy Consumption Survey: Water Consumption in Large Buildings Summary. 2012. https://www.eia.gov/consumption/commercial/reports/2012/water. Accessed November 8, 2021.
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As previously mentioned in the Project Description, the proposed project would utilize the existing water and sanitary lines in Bissell Avenue and those in 39th Street, which extend throughout the project site. The proposed project would increase wastewater generation compared to existing conditions.
However, the proposed project would be required to pay sewer service fees that would be used to fund any required improvements to wastewater treatment facilities. Because the proposed project would develop as intended in the General Plan, implementation of the proposed project would not result in new or more severe impacts related to wastewater treatment capacity beyond what was previously analyzed in the General Plan FEIR.
d) Solid Waste Reduction Goals Consistency
Would the project: Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
The General Plan FEIR determined that General Plan buildout would produce 55,796 tons of solid waste in 2030 (or 152.9 tons per day) which would be an increase of 12,662 tons (or 34.7 tons per day) from 2005.70 Furthermore, it is noted that the State of California requires all jurisdictions to meet a 50 percent waste reduction mandate. The General Plan FEIR concluded that West County met the 50 percent waste diversion goal in 2006, and West Contra Costa Integrated Waste Management Authority (RecycleMore) continues to work to maintain this level of diversion. The California Integrated Waste Management Board (CIWMB) estimates an average per capita solid waste disposal rate for the City of Richmond to be 0.36 tons per resident per year; business waste disposal rates estimated by the CIWMB range from 0.3 ton per year for general merchandise stores to 3.1 tons per year for restaurants. To meet and maintain the 50 percent diversion rate, Richmond Sanitary Services has established residential and commercial co-mingled recycling collection and green waste collection services within its service area. Additionally, the General Plan FEIR stated that expansion of the Potrero Hills Landfill would ensure the City would have adequate landfill capacity and existing landfill facilities are adequate to serve the City through the General Plan horizon year 2030. Therefore, impacts related to solid waste reduction goals would be less than significant.
The proposed project includes land use and density, Medium-Intensity Mixed-Use (Commercial Emphasis), that was evaluated in the General Plan FEIR. As the proposed project has the potential to increase population, the number of available landfills and their available capacities is sufficient to accommodate the landfill disposal needs of the project throughout the timeframe of General Plan buildout. Therefore, the proposed project would not result in new or more severe impacts related to solid waste reduction goals beyond what was previously analyzed in the General Plan FEIR.
70 City of Richmond. 2011. General Plan 2030 Draft EIR, page 3.13-25.
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Would the project: Comply with federal, State, and local management and reduction statutes and regulations related to solid waste?
The General Plan FEIR determined that the City, as part of RecycleMore, met the 50 percent waste diversion goal in 2006. Furthermore, the General Plan FEIR determined implementation of General Plan policies would reduce impacts related to solid waste regulations to a less than significant level by regularly reviewing waste management plans, promoting recycling and composting, and develop a construction and demolition ordinance.
Consistent with the General Plan FEIR, the proposed project would comply with General Plan policies as well as City and RecycleMore waste diversion measures. Therefore, the proposed project would not result in new or more severe impacts related to solid waste regulations beyond what was previously analyzed in the General Plan FEIR.
FEIR Mitigation Measures
None.
Conclusion
There is no additional information identifying new significant effects, nor is there an increase in the severity of previously identified impacts related to utilities and service systems. The conclusions from the General Plan EIR regarding land use and planning remain unchanged. No further analysis is required.
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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Environmental Issue
Area
Conclusion in
General Plan
FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New Information
Requiring New
Analysis or
Verification?
General Plan
FEIR
Mitigation
Measures
XVIII. Wildfire
If located in or near State Responsibility Areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an
adopted emergency
response plan or
emergency evacuation
plan?
Less than
significant
impact with
mitigation
incorporated
No No No MM 3.14-6
b) Due to slope, prevailing
winds, and other
factors, exacerbate
wildfire risks, and
thereby expose project
occupants to, pollutant
concentrations from a
wildfire or the
uncontrolled spread of a
wildfire?
Less than
significant
impact
No No No None
c) Require the installation
or maintenance of
associated
infrastructure (such as
roads, fuel breaks,
emergency water
sources, power lines or
other utilities) that may
exacerbate fire risk or
that may result in
temporary or ongoing
impacts to the
environment?
Less than
significant
impact
No No No None
d) Expose people or
structures to significant
risks, including
downslope or
downstream flooding or
landslides, as a result of
runoff, post-fire slope
instability, or drainage
changes?
Less than
significant
impact
No No No None
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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx a) Emergency Response/Evacuation Plan Consistency
Would the project: If located in or near State Responsibility Areas or lands classified as very high fire hazard severity zones, substantially impair an adopted emergency response plan or emergency evacuation plan?
The General Plan FEIR identified two thresholds for emergency vehicle response: (1) design features that accommodate emergency vehicle access and circulation; and (2) travel speeds on primary emergency response routes. The General Plan FEIR determined that General Plan Policies and Actions would ensure emergency vehicle access would be accommodated but roadway congestion may increase due to population and job growth such that travel speeds may drop and impact emergency vehicle response. The General Plan FEIR concluded that with implementation of General Plan Policies and Actions implementation of MM 3.14-6, impacts to emergency response would be significant and unavoidable.
The project site is not designated within a CAL FIRE “Very High Fire Hazard Severity Zone” in a Local Responsibility Area (LRA) nor a fire hazard zone in a State Responsibility Area (SRA). 71 The project
site is located in an urban environment surrounded by urban development. The nearest Fire Hazard Severity Zone is located approximately 1.5 miles northeast of the project site (Wildcat Canyon Regional Park) and is designated as a Very High Fire Hazard Severity Zone. Although the average windspeeds in the area range from 21 mph to 27 mph, high prevailing winds would not exacerbate wildfire risk due to the relatively flat topography and the location of the project site.
Furthermore, the proposed project would include a driveway that would connect to Bissell Avenue in compliance with the City of Richmond Municipal Code and the California Fire Code. The project site is located adjacent to Bissell Avenue and, as a result, would not interfere with primary evacuation routes in the City such as Macdonald Avenue or I-80.
Additionally, the project does not propose permanent road closures or lane narrowing that would impact an emergency response plan or evacuation plan. With the proposed GPA that would change the current land use designation from Public, Cultural, and Institutional to Medium-Intensity Mixed- Use (Commercial Emphasis), the proposed project would develop a total of 135 multi-family homes consistent with the new land use designation policies and regulations. Therefore, the proposed project would not result in new or more severe impacts related to emergency response plans beyond what was previously analyzed in the General Plan FEIR. b) Expose Project Occupants to Pollutant Concentrations from Wildfire Would the project: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
71 California Department of Forestry and Fire Protection (CAL FIRE). 2009. Richmond–Very High Fire Hazard Severity Zones in LRA.
Website: https://osfm.fire.ca.gov/media/5784/richmond.pdf. Accessed August 4, 2021.
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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx The General Plan FEIR determined that General Plan buildout would occur within the city limits and consist primarily of infill development. The General Plan EIR concluded that General Plan policies, including Action SN2.D, Fire Prone Area Designation, requires the City to designate areas particularly prone to fire hazards and requires proposed development to minimize fire hazards and vulnerability.
Therefore, the General Plan FEIR determined that implementation of these policies would reduce impacts to a less than significant level.
The project site is not located adjacent to unmanaged open space or a recognized fire prone area.
The project site is located within a flat, highly urbanized area of the City. The Bay Area Air Quality Management District (BAAQMD) monitors wind speeds at locations in the Bay Area with the closest being in Oakland, approximately 16 miles south of the project site. The City of Oakland is located in a similar climate as the City of Richmond and, as such, would experience similar average wind speeds.
The average wind speeds at the Oakland BAAQMD station in 2019 ranged from 6 mph to 9 mph, with maximum gusts ranging from 21 mph to 27 mph.
As a result, the proposed project is not located on a project site with severe slopes or high prevailing winds that would further exacerbate wildfire risk. Therefore, the proposed project would not result in new or more severe impacts related to exposure of project occupants to pollutants concentrations from wildfire beyond what was previously analyzed in the General Plan FEIR. c) Infrastructure that Exacerbates Fire Risk
Would the project: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
The General Plan FEIR determined that new development would be primarily infill and within the City limits near existing urban infrastructure and already served by the RFD. The RFD is responsible for emergency medical services, fire suppression, mitigation of disasters, and rescues activities. The General Plan FEIR concluded that new development would implement General Plan policies that would regulate the development of infrastructure that could exacerbate fire risk and infrastructure; the General Plan FEIR concluded implementation of these policies would reduce impacts to a less than significant level.
The project site is located within a flat, highly urbanized area of the City. The project site is surrounded by the Courthouse Complex to the west and commercial buildings to the east and north.
Pursuant to General Plan Action SN1.B, the proposed project would be reviewed prior to approval to ensure that the most recent building standards and fire prevention measures are included in the project design. In addition, the proposed project would comply with the applicable fire safety provisions of the 2019 CBC, thereby reducing the risk of damage from fire to the maximum extent practicable. The proposed project would include roadway improvements along Bissell Avenue. The proposed project would not include the installation of emergency water sources or overhead power lines. Therefore, the proposed project would not result in new or more severe impacts related to infrastructure that exacerbates fire risk beyond what was previously analyzed in the General Plan FEIR.
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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx d) Flooding and Landslide Hazards Due To Post-fire Slope Instability/Drainage Changes Would the project: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones ,expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
The General Plan FEIR determined that new development would potentially increase wildland fire risk and that the City contains areas that are susceptible to landslides. General Plan Policies SN2.2, Level of Service, SN2.3, Fire Safety, SN3.1, Emergency and Disaster Preparedness would ensure the RFD could provide adequate fire protection services to future development. Action SN1.B, regarding Building Structure Safety Standards, would ensure building structure safety standards are regularly updated to protect people and property from fire hazards. The General Plan FEIR concluded that new development would implement General Plan policies designed to reduce impacts from wildfires and implementation of these General Plan policies would reduce impacts to a less than significant level.
The project site is located within a flat, highly urbanized area of the City that has not experienced wildfire. Additionally, the project site is not located near unmanaged open space or dense natural vegetation prone to wildfires. Therefore, the proposed project would not result in new or more severe impacts related to post-fire slope instability or drainage changes beyond what was previously analyzed in the General Plan FEIR.
FEIR Mitigation Measures
MM 3.14-6 The City will continue to support coordination among its departments and other agencies in planning for emergency access and response routes, and will periodically review and as appropriate update its emergency access and response route planning.
Conclusion
There is no additional information identifying new significant effects, nor is there an increase in the severity of previously identified impacts related to wildfire. The conclusions from the General Plan EIR regarding land use and planning remain unchanged. No further analysis is required.
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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Environmental Issue
Area
Conclusion in
General Plan
FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
XX. Mandatory Findings of Significance
a) Does the project have
the potential to
substantially degrade
the quality of the
environment,
substantially reduce the
habitat of a fish or
wildlife species, cause a
fish or wildlife
population to drop
below self-sustaining
levels, threaten to
eliminate a plant or
animal community,
substantially reduce the
number or restrict the
range of a rare or
endangered plant or
animal, or eliminate
important examples of
the major periods of
California history or
prehistory?
Less than
significant
impact with
mitigation
incorporated
No No No MM 3.2-1;
MM 3.14-1;
MM 3.14-3;
MM 3.14-6;
MM 3.15-1;
MM 3.15-2a;
MM 3.15-2b;
MM 3.15-2c;
MM 3.15-2d
b) Does the project have
impacts that are
individually limited, but
cumulatively
considerable?
(“Cumulatively
considerable” means
that the incremental
effects of a project are
considerable when
viewed in connection
with the effects of past
projects, the effects of
other current projects,
and the effects of
probable future
projects)?
Less than
significant
impact
No No No None
City of Richmond–100 38th Street Project
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Area
Conclusion in
General Plan
FEIR
Do the Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
c) Does the project have
environmental effects,
which will cause
substantial adverse
effects on human
beings, either directly or
indirectly?
Less than
significant
impact
No No No None
a) Potential Degradation to Environment and Examples of California History or Prehistory Does the project: Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? The proposed project may result in several impacts associated with aesthetic resources, biological resources, cultural resources, and population and housing resources that would be significant if left unmitigated. FEIR Aesthetics MM 3.15-1, MM 3.15-2a, MM 3.15-2b, MM 3.15-2c, MM 3.15-2d, and Population and Housing MM 3.2-1, and uniformly applied federal and State Guidance measures would ensure compliance with General Plan policies and would reduce all potential impacts to less than significant levels. With the implementation of these mitigation measures, the proposed project would therefore, have less than significant impacts.
b) Cumulatively Considerable Impacts
Does the project: Have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? All cumulative impacts related to air quality, noise, and traffic are either less than significant after mitigation or less than significant and do not require mitigation. Given the scope of the proposed project and its impacts and mitigation measures, the incremental effects of this proposed project are not considerable relative to the effects of past, current, and probable future projects. As discussed previously, the proposed project does not have a significant cumulative traffic impact. Therefore, the proposed project would not result in cumulatively considerable impacts on these areas. Impacts would be less than significant.
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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx c) Adverse Effects on Human Beings?
Does the project: Have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly?
All impacts identified in this Initial Study and Checklist are either less than significant after mitigation, or less than significant and do not require mitigation. Therefore, the proposed project would not result in environmental effects that cause substantial adverse effects on human beings either directly or indirectly. Impacts would be less than significant.
FEIR Mitigation Measures
Implement the following FEIR Mitigation Measures:
Transportation MM 3.14-1, MM 3.14-3, MM 3.14-6; Aesthetics MM 3.15-1, MM 3.15-2a, MM 3.15- 2b, MM 3.15-2c, MM 3.15-2d; and Population and Housing MM 3.2-2 Conclusion
There is no additional information identifying new significant effects, nor is there an increase in the severity of previously identified impacts related to mandatory findings of significance. The conclusions from the General Plan EIR regarding impacts above remain unchanged. No further analysis is required.
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City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum List of Preparers
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Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx SECTION 5: LIST OF PREPARERS
FirstCarbon Solutions
1350 Treat Boulevard, Suite 380
Walnut Creek, CA 94597
Phone: 925.357.2562
Fax: 925.357.2572
Project Director .................................................................................................................. Mary Bean Senior Project Manager ........................................................................................... Elizabeth Johnson Assistant Project Manager ....................................................................................... Rachel Krusenoski Legal Counsel .............................................................................................................. Megan Starr, JD Director of Noise and Air Quality ........................................................................... Philip Ault, LEED AP Air Quality Specialist........................................................................................................... Lance Park Director of Cultural Resources ....................................................................... Dana DePietro, PhD, RPA Cultural Resources Analyst ........................................................................................................ Ti Ngo Senior Biologist ............................................................................................................. Robert Carroll Biologist ....................................................................................................................... Alec Villanueva Environmental Services Analyst ............................................................................... Regan Del Rosario Environmental Services Analyst ....................................................................................... Rachel Duffy Publications Manager ........................................................................................................ Susie Harris Word Processor .......................................................................................................... Melissa Ramirez GIS/Graphics .................................................................................................................. Octavio Perez W-Trans—Transportation Subconsultant
Kenny Jeong
7901 Oakport Street, Suite 1500
Oakland, CA 94621
Southern Environmental—Cultural Subconsultant
Samantha Murray
1443 East Washington Boulevard, #288
Pasadena, CA 91104
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Mitigation Monitoring and Reporting Program
for the
100 38th Street Project
Draft Initial Study/Consistency Checklist
City of Richmond, Contra Costa County, California
Prepared for:
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
510.620.6706
Contact: Hector Lopez, Senior Planner
Prepared by:
FirstCarbon Solutions
2999 Oak Road, Suite 250
Walnut Creek, CA 94597
925.357.2562
Contact: Mary Bean, Project Director
Elizabeth Johnson, Project Manager
Report Date: September 20, 2022
Exhibit B
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City of Richmond–100 38th Street Project
Mitigation Monitoring and Reporting Program Preface
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PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15097 require a Lead Agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) whenever it adopts a Mitigated Negative Declaration (MND) in conjunction with a project approval.
The purpose of the MMRP is to ensure compliance with the mitigation measures occurs during project implementation.
The Draft Initial Study/Mitigated Negative Declaration (Draft IS/MND) prepared for the proposed 100 38 th Street Project (proposed project) concluded that project implementation could result in potentially significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval that reduce these potential impacts to a less than significant level. This MMRP documents how and when the mitigation measures adopted by the lead agency will be implemented and confirms that potential environmental impacts are reduced to less than significant levels as identified in the MND.
This document does not discuss those subjects that the environmental analysis demonstrates would result in less than significant impacts and for which no mitigation was proposed or necessary.
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Verification
Verification of Completion
Date Initial
I. Aesthetics, Light, and Glare
MM 3.15-1: As a condition of authorizing development within existing undeveloped areas or demolishing commercial or industrial structures that were built prior to 1950, the City shall require the applicant to provide photographs or another appropriate form of visual record of the project location’s existing physical setting, and a photograph or another
appropriate form of visual record of one or more public vistas of the project location (e.g., views from public parks or civic buildings). These visual records shall be submitted to the Planning Department or its designee for appropriate storage and retrieval for future studies of the City’s evolving urban character.
Require and store visual
records for retrieval for
future studies
On-going Planning and Building
Services
MM 3.15-2a: All street lighting shall be directed downward and shielded to prevent light spill onto surrounding properties, sky glow, and glare.
Street lighting shall be
directed downward
During project design
and development
review
Planning and Building
Services
MM 3.15-2b: The City shall restrict the use of high-level outdoor lighting for new homes, particularly along the hillside ridges.
Restrict the use of high
level outdoor lighting
During project design
and development
review
Planning and Building
Services
MM 3.15-2c: Landscaping shall be incorporated along internal roads and near off-site homes to reduce spill light emanating from vehicles and buildings.
Landscaping shall reduce
spill light from vehicles
and buildings
During project design
and development
review
Planning and Building
Services
MM 3.15-2d: The City shall require design review of any project containing reflective glass or metal building materials that exceed 50 percent of any building surface or the first three floors.
Require design review if
reflective glass or metal
During project design
and development
review
Planning and Building
Services
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Verification
Verification of Completion
Date Initial
III. Air Quality
MM 3.3-2a: Implement BAAQMD Best Management Practices
During Construction
All construction projects under the implementation of the General Plan shall incorporate the most recent Best
Management Practices (BMPs) as required by the Bay Area Air Quality Management District (BAAQMD). Therefore, the BMPs, as recommended by the BAAQMD, shall be implemented
during construction:
• All active construction areas shall be watered at least two times per day.
• All exposed non-paved surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and access roads) shall be watered at least three times per day and/or non-toxic soil stabilizers shall be applied to exposed non-paved surfaces. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered and/or shall maintain at least 2 feet of freeboard.
• All visible mud or dirt track out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.
• All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
• Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage regarding idling restrictions Incorporate the most
recent BMP
On-going during
grading and
construction
Planning and Building
Services/BAAQMD
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Verification
Verification of Completion
Date Initial
shall be provided for construction workers at all access points.
• All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and
determined to be running in proper condition prior to
operation.
• The prime construction contractor shall post a publicly visible sign with the telephone number and person to
contact regarding dust complaints. The City of Richmond and the construction contractor shall take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.
MM 3.3-3d: The City of Richmond shall consult with the Bay Area Air Quality Management District (BAAQMD) to identify TAC sources and determine the need for and requirements of a Health Risk Assessment for proposed developments. As
determined by the Health Risk Assessment prepared for the project based on BAAQMD cancer risk thresholds, the
following requirement shall be implemented:
During construction activities, all off-road equipment with engines greater than 50 horsepower shall meet either United States Environmental Protection Agency (EPA) or California Air Resources Board (ARB) Tier 4 Final off-road emission standards.
The construction contractor shall maintain records concerning its efforts to comply with this requirement, including
equipment lists. Off-road equipment descriptions and
information may include but are not limited to equipment type, equipment manufacturer, equipment identification number, engine model year, engine certification (Tier rating),
horsepower, and engine serial number.
Identify TAC sources and
determine the need for a
health risk assessment
During project design
and development
review
Planning and Building
Services
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Verification
Verification of Completion
Date Initial
MM 3.14-3: The City shall continue to cooperate
And coordinate with transit agencies and work with the
community to promote and advocate for improved transit
services and increased transit capacity to meet anticipated General Plan implementation and cumulative impacts for
transit service, and seek grant funding opportunities to supplement available transit service.
Cooperate and coordinate
with transit agencies;
work with the community
On-going City Manager's
Office/Planning and
Building Services
V. Cultural Resources and Tribal Cultural Resources
The following 3 mitigation measures shall be included as condition of approval for the project and shall be implemented in accordance with General Plan MM 3.5-1, MM
3.5-2a and MM 3.5-2b:
MM 3.5-1: Future projects shall implement the City’s Historic Structures Code to minimize impacts on historical resources by requiring thorough scrutiny for compliance with applicable legal requirements, including but not limited to compliance with the General Plan's historic resource protection policies, and compliance with State and federal historic resource protection laws, before any resource may be demolished and ensuring that alteration conforms to the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
Investigate historical
resources before
demolition and ensure
that alteration conforms
to the Secretary of the
Interior’s Standards for
the Treatment of Historic
Properties, and complies
with General Plan policies
and state and federal
historic resource
protection laws.
Prior to approval of
application for
demolition or
alteration
Planning and Building
Services
MM 3.5-2a: The City shall require that impacts on unique archaeological resources be mitigated to a less than significant level through methods identified in Public Resources Section 21083.2, including planning construction to avoid
archaeological sites, deeding archaeological sites into permanent conservation easements, capping or covering
archaeological sites with a layer of soil before building on the sites, or planning parks, greenspace, or other open space to incorporate archaeological sites.
Comply with mitigation
requirements regarding
consultation and
subsequent actions if
archaeological resources
are encountered.
Prior to grading
activities and
ongoing during
construction
Planning and Building
Services
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Verification
Verification of Completion
Date Initial
MM 3.5-2b: The City shall require new development within the City to evaluate the potential for impacts on human remains.
The City shall require that the treatment of human remains and of associated or unassociated funerary objects discovered during any soils disturbing activity shall comply with applicable State and federal laws, including notification of the County Coroner and, in the event of the Coroner’s determination that the human remains are Native American remains, notification of the Native American Heritage Commission (NAHC).
Comply with mitigation
requirements regarding
consultation and
subsequent actions if
human remains are
encountered
Prior to grading
activities and
ongoing during
construction
Planning and Building
Services
FEIR MM 3.5-2a: An Archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for archaeology should conduct a pedestrian survey following removal of asphalt and building demolition at the site, and prior to trenching and grading. This may be followed by regular periodic or “spot-check” archaeological monitoring as
determined by the Archaeologist. In the event a potentially significant cultural resource is encountered during subsurface earthwork activities, all construction activities within a 100- foot radius of the find shall cease and workers should avoid altering the materials until an archaeologist who meets the Secretary of Interior’s Professional Qualification Standards for archaeology has evaluated the find. The project applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this
requirement. The qualified archaeologist shall make
recommendations to the Lead Agency on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation and evaluation of the finds in accordance with Section 15064.5 of the CEQA
Guidelines. Potentially significant cultural resources include, but are not limited to, stone, bone, glass, wood, or shell artifacts or features, including hearths, structural remains, or historic dumpsites. Any previously undiscovered resources found during construction within the project site shall be Archaeologist who meets
the Secretary of the
Interior’s Professional
Qualification Standards
for archaeology should
conduct a pedestrian
survey, followed by
regular periodic or “spot-
check” archaeological
monitoring as determined
by the Archaeologist.
Comply with mitigation
requirements regarding
consultation and
subsequent actions if
archaeological resources
are encountered.
Following removal of
asphalt and building
demolition at the
site, and prior to
trenching and
grading
Planning and Building
Services
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Verification
Verification of Completion
Date Initial
recorded on appropriate Department of Parks and Recreation (DPR) 523 forms and will be submitted to the City of Richmond, the Northwest Information Center (NWIC), and the California Office of Historic Preservation (OHP), as required.
FEIR MM 3.5-2b: In the event of an accidental discovery or recognition of any human remains, Public Resource Code
Section 5097.98 must be followed. In this instance, once project-related earthmoving begins and if there is accidental discovery or recognition of any human remains, the following steps shall be taken:
1. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the Contra Costa County
Coroner is contacted to determine whether the remains are Native American and if an investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the NAHC within 24 hours, and the NAHC shall identify the person or persons it believes to be the “most likely descendant” of the
deceased Native American. The most likely descendant may make recommendations to the landowner or the person
responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public
Resource Code Section 5097.98, or
2. Where the following conditions occur, the landowner or his/her authorized representative shall rebury the Native American human remains and associated grave goods with
appropriate dignity ither in accordance with the
recommendations of the most likely descendant or on the project area in a location not subject to further subsurface disturbance:
• The NAHC is unable to identify a most likely descendant, or the most likely descendant failed to make a
Comply with mitigation
requirements regarding
consultation and
subsequent actions if
human remains are
encountered
During grading
activities and
ongoing during
construction
County Coroner,
Planning and Building
Services
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Verification
Verification of Completion
Date Initial
recommendation within 48 hours after being notified by
the commission;
• The descendant identified fails to make a
recommendation; or
• The landowner or his authorized representative rejects the recommendation of the descendant, and the
mediation by the NAHC fails to provide measures
acceptable to the landowner.
VII. Greenhouse Gases
MM 3.6-1a: All construction projects shall incorporate the most recent Best Management Practices for Greenhouse Gas Emissions as indicated by the BAAQMD.
Incorporate the most
recent BMP
On-going during
grading and
construction
Planning and Building
Services
MM 3.6-1b: All new development and all retrofits of single- family developments, multi-family developments of over 10 units, and all commercial/industrial remodels of over 10,000 square feet shall be required to exceed Title 24 standards by 20 percent by 2020 and 30 percent by 2030. This mitigation measure enhances General Plan Action EC3.C.
New development and all
retrofits shall be required
to exceed Title 24
standards by 20 percent
by 2020 and 30 percent
by 2030
During project design
and development
review
Planning and Building
Services
MM 3.6-1c: Require all new City-owned and operated facilities and 50 percent of all new development to generate at least 10 percent of their energy use from renewable sources. Enhances General Plan Action EC3.B.
Require facilities to
generate at least 10
percent of energy use
from renewable sources
During project design
and development
review
Planning and Building
Services
MM 3.6-1d: All new commercial and multi-family
developments installing boilers shall be required to install energy efficient boilers such that they achieve a minimum 4.5 percent reduction in energy usage. The same reductions shall be required of all remodeled multi-family developments of over 10 units and all commercial/industrial remodels of over 10,000 square feet.
Developments installing
boilers shall be required
to install energy efficient
boilers
During project design
and development
review
Planning and Building
Services
MM 3.6-1e: Develop improved waste reduction and expanded recycling programs such that a 75 percent diversion rate is achieved by 2020 and an 85 percent diversion rate is achieved Develop improved waste
reduction and expanded
recycling programs
Within two years of
the adoption of the
General Plan
City Manager’s Office
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Verification of Completion
Date Initial
by 2030 for all non-construction waste streams. Potential measures could include: providing recycling containers in parks and public spaces; establishing computer reuse and recycling programs; enhancing recycling and green waste services for all residents; and providing locations for household hazardous wastes to be recycled. Enhances General Plan Actions EC3.D.
MM 3.6-1f: Develop a program that requires all construction and demolition activities to evaluate energy use and waste and to reduce or mitigate construction-related impacts by 75 percent. Enhances General Plan Actions EC3.E.
Require construction and
demolition activities to
evaluate energy use and
waste
Within two years of
adoption of the
General Plan
City Manager’s Office
MM 3.6-1i: Implement Citywide car and bicycle sharing
programs. Collaborate with service providers to identify potential sites for locating carshares.
Implement Citywide car
and bicycle sharing
programs
On-going Planning and Building
Services
MM 3.6-1j: Require new local serving mixed-use in residential areas to provide needed services and amenities close to where people live and work. Require new development and
redevelopment projects to provide community amenities and uses that serve priority community needs. Enhances General Plan Policy EC4.1 and General Plan Actions EC4.A, EC4.B, and EC4.D.
Include new local-serving
mixed-use as part of
development in
residential areas
During project design
and development
review
Planning and Building
Services
MM 3.6-1k: Require mixed-use development along transit- oriented corridors that attracts people and facilitates activity throughout the day. Prohibit isolated or gated communities in order to improve physical connectivity throughout the City, and remove barriers in existing gated areas. Maintain streets to ensure that neighborhoods and streets are safe and well used.
Enhances General Plan Policy EC4.2 and Actions EC2.C, EC2.E, EC2.G, EC4.A, EC4.B, EC4.C and EC4.E
Include mixed-use as part
of development along
transit-oriented corridors
During project design
and development
review
Planning and Building
Services
City of Richmond–100 38th Street Project Mitigation Monitoring and Reporting Program
FirstCarbon Solutions 11
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/MMRP/21210021 Richmond 100 38th Street MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
MM 3.6-1m: All new street lighting and all remodeled or replaced street lighting shall consist of high-efficiency lamps that reduce energy consumption by a minimum of 16 percent.
Use high-efficiency lamps
for street lighting
On-going Engineering Services
Department/
Planning and Building
Services/City
Manager’s Office
MM 3.6-1n: All new traffic lights and all replaced traffic lights shall consist of LED lights. This high-efficiency lighting would reduce emissions from traffic lights by 90 percent.
Use LED technology for
new traffic light
On-going Engineering Services
Department/
Planning and Building
Services/City
Manager’s Office
MM 3.6-1o: Require new development to incorporate water- saving measures demonstrating a minimum reduction of 20 percent in water use over a similar project completed within the previous five years. This measure enhances General Plan Action EC3.F. This measure would be enhanced by General Plan Action EC3.G.
Incorporate water-saving
measures in new
development
During project design
and development
review
Engineering Services
Department/
Planning and Building
Services
MM 3.6-1p: The City of Richmond shall adopt a Climate Action Plan within 18 months of the adoption of the General Plan Energy and Climate Change Element. The Climate Action Plan shall include the following pursuant to CEQA Guidelines Section 15183.5(b):
a.) The quantification of greenhouse gas emissions, both existing (2005) and projected for 2020 and General Plan horizon year (2030). These inventories and projections
shall be used in the forthcoming Climate Action Plan.
b.) The Climate Action Plan shall define reduction targets that are California State Assembly Bill (AB) 32 compliant and continue reducing emissions past 2020 in order to address cumulatively considerable impacts of greenhouse gas
emissions. At a minimum, the Climate Action Plan shall set a target to reduce emissions to 1990 levels by 2020, which is anticipated to be a reduction of 15 percent from 2005 levels.
The City of Richmond shall
prepare a Climate Action
Plan
Within 18 months of
the adoption of the
General Plan Energy
and Climate Change
Element
City Manager’s
Office/Planning and
Building Services
City of Richmond–100 38th Street Residential Project Mitigation Monitoring and Reporting Program
FirstCarbon Solutions 12
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/MMRP/21210021 Richmond 100 38th Street MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
c.) The 2020 and 2030 Business As Usual (BAU) Inventories provide emissions by land use types and emission sectors based upon the anticipated changes and growth in land
use within the General Plan Land Use and Urban Design
Element, which fulfills the criteria of CEQA Guidelines 15183.5(b)(C). As such, the inventories shall provide
quantities and context of the emissions that need to be reduced in order to achieve the reduction target.
Reduction measures in the Climate Action Plan shall focus on reducing the emissions from the sectors and land use types identified in the 2020 and 2030 BAU inventories.
d.) The Climate Action Plan shall specify reduction measures or groups of reduction measures, including performance
standards, that substantial evidence demonstrates, if
implemented on a project-by-project basis, would
collectively achieve the AB 32 compliant reduction target.
To implement the goals and policies in the General Plan Energy and Climate Change Element, the Climate Action
Plan shall include adaptation strategies that focus on
potential local impacts of climate change, such as sea level rise, increased risk of flooding, diminished water supplies, and public health. Broader sustainability measures may
include the preservation of local water quality, air quality, open space, and biodiversity. In addition, the following reduction strategies shall be incorporated into the Climate Action Plan:
i.) Require all new or renovated municipal buildings to seek California Green 2010 Tier 1 building standards or higher and require new development building design
to be, at a minimum, compliant with California Green
2010 building standards.
ii.) Require all municipal fleet purchases to be fuel
efficient vehicles for their intended use, based on the fuel type, design, size, and cost efficiency.
City of Richmond–100 38th Street Project Mitigation Monitoring and Reporting Program
FirstCarbon Solutions 13
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/MMRP/21210021 Richmond 100 38th Street MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
iii.) Require new development projects to implement a
construction plan that demonstrates how activities will reduce waste through recycling and/or salvaging of
nonhazardous construction and demolition debris at a
minimum of 50%.
e.) In order to establish a mechanism to monitor the Climate Action Plan’s progress towards achieving the reduction
targets and to require amendment if the Climate Action
Plan is not achieving the reduction targets, the Climate Action Plan shall include an implementation chapter
describing how the reduction measures are to be
implemented, emissions monitored, and the Climate
Action Plan updated. Emissions inventories shall be
conducted at minimum intervals of five years in order to evaluate the progress of the Climate Action Plan. The
Climate Action Plan shall be updated together with future General Plan Updates or as necessary to implement new
statewide reduction thresholds.
f.) The Climate Action Plan, including all updates, is a project subject to public review and comment under the California Environmental Quality Act.
MM 3.6-1q: The City will continue to work proactively with BAAQMD, ARB, and EPA to help these agencies enforce GHG prevention and control mandates within the City, and will work with the community to identify and advocate for GHG measures that are within the jurisdiction of these agencies and can and should be implemented to further reduce GHG from the City.
Work proactively with
other agencies to help
enforce GHG prevention
and control mandates
within the City; work with
community
On-going City Manager’s
Office/Planning and
Building Services
VIII. Hazards and Hazardous Materials
MM 3.14-6: The City will continue to support coordination among its departments and other agencies in planning for emergency access and response routes, and will periodically review and as appropriate update its emergency access and response route planning.
Continue to implement
effective planning and
procedures
On-going City Manager's
Office/Planning and
Building Services
City of Richmond–100 38th Street Residential Project Mitigation Monitoring and Reporting Program
FirstCarbon Solutions 14
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/MMRP/21210021 Richmond 100 38th Street MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
XII. Noise
FEIR MM 3.10-1: Future projects shall incorporate project- specific mitigation measures to reduce the impact of
construction noise.
a.) As part of its discretionary approval and environmental review process for future projects, the City will require a noise and vibration construction activity minimization and mitigation plan for any multi-story development project located within a residential neighborhood, or located
adjacent to a residence, school, or hospital or other
sensitive receptor. The plan must address high-noise or vibration construction activities such as pile driving, and must address outdoor construction activities occurring
outside normal weekday business hours. The plan must
also address construction-related noise and vibration from current and concurrently with project-related construction activities to address potential cumulative noise and
vibration impacts. Excessive noise and vibration impacts from such construction-related activities (defined as noise and vibration impacts that would not occur from similar construction-related activities) shall be avoided or
minimized to the extent feasible, and high-noise or
vibration construction activities shall not occur during evenings or weekends adjacent to occupied residential
units.
b.) The City will compile and periodically update Best
Management Practices ("BMPs") for minimizing and
mitigating noise and vibration impacts from construction activities, for use as appropriate in noise and vibration plans required under MM 3.10-2(a) above.
c.) The City will consider and may adopt appropriate
modifications to the Noise Ordinance to establish criteria for construction-related noise and vibration impacts
during daytime weekday hours, and will consider and
Comply with project-
specific mitigation
measures to reduce
construction noise
During project design
and development
review
Planning and Building
Services
City of Richmond–100 38th Street Project Mitigation Monitoring and Reporting Program
FirstCarbon Solutions 15
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/MMRP/21210021 Richmond 100 38th Street MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
include feasible conditions in building, demolition, and grading permits to avoid or minimize excessive noise and vibration from construction activities.
d.) This mitigation measure does not eliminate or supersede any other applicable legal requirement, including but not limited to the Noise Ordinance included in the Municipal Code.
This plan shall outline the project’s required compliance with General Plan Action SN4.E which requires
preparation of construction traffic plans that mitigate noise, traffic, and dust during construction. This plan shall also outline the project’s required compliance with Article
15.04.605.060 of the Municipal Code which limits general construction activities to weekdays from 7:00 a.m. to 6:00 p.m., and limits pile driving and similar loud equipment activity to weekdays from 8:00 a.m. to 5:00 p.m.
Implementation of this mitigation measure would ensure
that project-related construction noise impacts would be reduced to the extent technically and economically
feasible and would be less than significant.
XIII. Population and Housing
MM 3.2-2: Based on available U.S. Census or Association of Bay Area Governments (ABAG) data, the City shall track the
number of new jobs to determine whether new development exceeds the amount of development assumed in the General Plan EIR (22,488 jobs). City staff shall provide a report on the number of new jobs to the City Council annually and if the number of jobs approaches or exceeds 80 percent of the
number assumed in the General Plan EIR (9,950 jobs), the City shall prepare an update to the General Plan and General Plan EIR to assess the environmental effects of additional projected growth.
Track the number of new
jobs to determine if new
development exceeds the
amount of development
assumed in the EIR
Annually Planning and Building
Services
City of Richmond–100 38th Street Residential Project Mitigation Monitoring and Reporting Program
FirstCarbon Solutions 16
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/MMRP/21210021 Richmond 100 38th Street MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
XVI. Transportation
MM 3.14-1: Future projects shall incorporate project-specific mitigation measures to reduce traffic impacts.
Comply with project-
specific mitigation
measures to reduce traffic
impacts
During project design
and development
review
Planning and Building
Services
MM 3.14-3: The City shall continue to cooperate and
coordinate with transit agencies and work with the community to promote and advocate for improved transit services and increased transit capacity to meet anticipated General Plan implementation and cumula
tive impacts for transit service, and
seek grant funding opportunities to supplement available transit service.
Cooperate and coordinate
with transit agencies;
work with the community
On-going City Manager's
Office/Planning and
Building Services
MM 3.14-6: The City will continue to support coordination among its departments and other agencies in planning for emergency access and response routes, and will periodically review and as appropriate update its emergency access and response route planning.
Continue to implement
effective planning and
procedures
On-going City Manager's
Office/Planning and
Building Services
XVIII. Wildfire
MM 3.14-6: The City will continue to support coordination among its departments and other agencies in planning for emergency access and response routes, and will periodically review and as appropriate update its emergency access and response route planning.
Continue to implement
effective planning and
procedures
On-going City Manager's
Office/Planning and
Building Services
XX. Mandatory Findings of Significance
Implement MM 3.2-1; MM 3.14-1; MM 3.14-3; MM 3.14-6; MM 3.15-1; MM 3.15-2a; MM 3.15-2b; MM 3.15-2c; MM 3.15-2d
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0 0.10.030.1 Miles
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This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Notes
1 ORDINANCE NO. __________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,
APPROVING A ZONING MAP AMENDMENT REZONING FROM PCI, PUBLIC, CULTURAL, AND INSTITUTIONAL TO CM-3, COMMERCIAL MIXED-USE FOR A MIXED-USE 135-UNIT
AFFORDABLE AND SUPPORTIVE HOUSING DEVELOPMENT WITH COMMERICAL SPACE AT 100 38TH STREET (PLN21-023)
WHEREAS, in 2021, Eden Housing Inc. (the “Applicant”) filed applications for a General Plan Amendment, Zoning Map Amendment to rezone the Project Site (1 00 38 th Street, APN:
517-340-004) to CM-3 (Commercial Mix ed-Use) for a mixed-use, 135-unit affordable and supportive housing development with ground floor commercial and associated site improvements (the “Project”) on an approximately 2.84-acre site in the City of Richmo nd, Contra Costa County, California; and
WHEREAS, upon completion of an Environment al Initial Study, Consistenc y Checklist, prepared by First Carbon Solutions, dated July 13, 2020 (Exhibit A), the proposed proj ect is found to be in conformance with the analysis and conclusions of the General Plan FEIR (State Clearinghouse No. 2008 -022018). The Addendum to the General Plan FEIR founds that the FEIR adequately anticipated and des cribed the impacts of the proposed project. Consistent with the mandate in the State CEQA Guidelines Sectio ns 15162 and 15168 , no further environmental review is required based on the following findings:
1. There are no substantial ch anges in the proposed p roject that will require major revisions of the General Plan 2030 FEIR;
2. There are no substantial changes w ith respect to the circumstances under which the project will be undertaken that require major revisions of the General Plan FEIR;
3. There is no new i nformation of substantial importan ce, that was not known and cou ld not have been know n, that shows a new or more severe impact than analyzed in the General Plan FEIR, and
4. There are no mitigation measures or alternatives that would substantially reduce project impacts, but that the project proponent declines to adopt.; and
WHEREAS, on July 27 , 20 22, the Design Rev iew Board held a public hearing to consider a recommendation to the Planning Commission regarding the Design Review and Density Bonus waivers for the Project, and voted to recommend approval with conditions; and
WHEREAS, o n August 18, 2022 , the Planning Commission held a public hearing to consider a recommendation to the City Council regarding the Addendum to the General Plan Final EIR and associated Mitigation Monitoring Reporting Progra m (MMRP), General Plan Amendment, Zoning Map Amendment, Design Review, and Density Bo nus for waivers for the Project; and
2 WHEREAS, on August 18 , 2022, the Planning Com mission voted unanimously to recommend approval to the City Council of the Addendum to the General Plan FEIR and associated MMRP, and approval of a General Plan Am endment, Zoning Map Amendment, Design Review, and Densi ty Bo nus for waivers for the Project (PLN 21-023), subject to conditions; and
WHEREAS, on October 4, 2022, the City Council held a public hearing to consid er the Addendum to the General Plan FEIR and associated MMRP, General Plan Am endment, Zoning Map Amendment, Design Review, and Density Bonus for waivers for the Project; and
WHEREAS, on October 4 , 20 22, after reviewing all oral and written evidence in the public record, the Ci ty Council adopted the Addendum to the General Plan FEIR and associated MMRP , and approved a General Plan Amendment, Design Review Perm it and Density Bonus Waivers for the P roject conditioned upon City Council subsequent approval of the Zoning Amendment for the Project; and
WHEREAS, t he Project application includes a request to cha nge the zoning of the Project Site from PCI to CM -3 substantially in the form on file with the Planning Division, relative to the proposed development of the 100 38th Street on certain real property consisting of approximately 2.84-acres located in the Cit y of Richmond, as more particularl y described in the attached Exhibits A (“Rezoning Exhibit” incorporated herein and made part hereof.
NOW, THEREFORE, the City Council of the City of Richmond does ordain as follows:
SECTION I. The City Council finds and determines the following:
REZONING FINDINGS (Section 15.04.814.050):
The City Council finds in approving an amendment to the zoning map to modify the site ’s zoning from PCI to CM-3 as follows:
A. The proposed amendment is consistent with the General Plan.
Supporting Statement of Fact: The project is consistent with the CM-3, Commercial Mixed- Use District and various goals under the General Plan, such as the provision of affordable housing near public transit.
The CM-3 zoning designation sought by th e appl icant for the subject property is specifically intended to enable this type of development as proposed by the applicant. The project is also consistent with the General Plan Land Use Goal LU -A and Land Use Policy LU-I as the proposed project will enhance t he value of the area, and will be constructed in conformance with the Richmond Zoning Ordinance and California Building Codes.
As illustrated in Exhibit A, the existing zoning designation of the site is PCI, Public Cultural and Institutional . The designation sought by t he applicant is CM-3, C ommercial Mixed-
3 Use, which is consistent with the surrounding commercial land use de signation of the site (see Exhibit B of ordinance).
B. The proposed amendment is necessary for public health, safety, and general welfare or will be of benefit to the public.
Supporting Statement of Fact: The site is physically suitable for a mixed-use residential and commercial development and the proposed amendment is necessary for the benefit of the residents of Richmond. The subject property is 2.84-acre, and the proposed 135 residential units are consistent with similar development and the surrounding area. The subject property is located adjacent to an urbanized area where existing drainage, sewer, water, and improvements are available.
C. The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.
Supporting Statement of Fact: The evaluation presented in the Environmental Checklist in Exhibit A explains the substantive evidence supporting a conclusion that the proposed project is within the scope of the General Plan FEIR, and therefore, an Addendum under CEQA Guidelines Section 15164 to the General Plan FEIR was prepared and MMRP will be incorporated as conditions of approval.
D. For a change to the Zoning Maps, that the subject property is suitable for the uses permitted in the proposed zone in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations, and that the proposed change of zoning district is not detrimental to the use of adjacent properties.
Supporting Statement of Fact: The proposed project, together with the provisions for its design and improvement, are not likely to cause any detriment in the surrounding area.
The subject property is suitable for the proposed uses and compatible with surrounding development. The site is adequately served by public streets and transit.
SECTION II. By this ordinance, the City Council approves the Zoning Amendment to rezone the Project Site to CM-3 Commercial Mixed-Use as set forth in Exhibit A, (“Rezoning Exhibit”) incorporated herein and made part hereof.
SECTION III. Any provisions of the Richmond Municipal Code, or appendices thereto, or any other ordinances of the City incons istent herewith, to the extent of such inconsistencies and no further, are hereby repealed.
SECTION IV. Severability. If any section, subsection, paragr aph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent ju risdiction to be unconstitutional or invalid, the remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declar es that it would have passed each section, subsection, paragraph, sentence, clause or phrase of thi s Ordinance irrespective of the
4 unconstitutionality or invalidity of any section, subsection, paragraph, sentence, clause or phrase.
SECTION V. Effective Date. This Ordinance becomes effective thirty (30) days after its final passage and adoption.
Exhibit A: Rezoning Map
---------------------------
First introduced at a regular meeting of the City Council of the City of Richmond held October 4, 2022, and finally passed and adopted at a regular meeting held ______ , 2022 by the following vote:
YES:
NOES:
ABSTENTIONS:
ABSENT:
____________________________
Clerk of the City of Richmond
Approved:
________________________________
THOMAS K. BUTT
Mayor
Approved as to form:
________________________________
DAVE ALESHIRE
City Attorney
^
fH^frmWfVffExisting Zoning Map
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0.1 © City of Richmond
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THIS MAP IS NOT TO BE USED FOR NAVIGATION
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Creek Protection Overlay
Shoreline Overlay
Q Historic District Overlay
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Industrial Buffer Zone
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0 Exhibit A Page 662 of 679
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Notes
Attachment ,3
Hector Lopez
From: Michael Amiri <[email protected]>
Sent: Wednesday, July 6,2022 12:56 PM
To: DRBcomments; Hector Lopez
Cc: Michael Amiri
Subject: Public Comments - PLN21-023, 100 37th Street, Hearing on July 13, 2022 @ 6:00 pm Some people who received this message don't often get email from [email protected]. Learn why this is important This email originated from outside of the City's email system. Do not open links or attachments from untrusted sources.
Hi,
I'm writing to provide public comments on Project No: PLN21-023, Supportive and Family Apartments located at 100 37th Street, Richmond.
We own and operate the Prime Time Nutrition store located at 3900 MacDonald Avenue. Our store provides fresh affordable produce and other healthy foods to families participating in the WIC and SNAP programs. Our customers access our parking lot off 39th street and often exit onto Bissell. We also have a large number of deliveries taking place weekday mornings by large trucks. We would like to ensure that this project does not disrupt the traffic flow in and out of our parking lot. And we would also like to know what steps will be taken to ensure residents and/or visitors to the proposed project do not park in the store parking lot.
Thank you for addressing these concerns at the July 13th public hearing.
Michael Amiri
Nutricion Fundamental, Inc.
Dba Prime Time Nutrition.
19315 E. San Jose Avenue
City of Industry, CA 91748
909/598-7416
Hector Lopez
From: N&E Neighborhood Council <[email protected]> Sent: Friday, July 22, 2022 12:37 PM
To: DRBcomments
Subject: Public Comments Agenda Item # 1(PLN21-023)
Follow Up Flag: Follow up
Flag Status: Completed
"
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Dear DBR Commissioners,
The North & East Neighborhood Council is sending this email in support of this project. We have been to some of their meetings regarding this project and believe it will be good for the area as well as the residents of Richmond, CA. We look forward to seeing this project move forward and be completed.
Thank you,
Jan Mignone, President
North & East Neighborhood Council
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10 Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
Richmond CA
Affordable Housing
Development and Unit
Counts
2/22/2022
Map created by: Thomas Omolo,
Management Analyst II - CMO, ED
Data Source: Richmond Rent Program
Ü
1 0 10.5 Miles
Legend
Richmond
Features
All roads
Freeways
Park/Open
Space
WaterPage 666 of 679
October 4, 2022
Human Resources
DATE: October 4, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Nickie Mastay, Deputy City Manager
Sharrone Taylor, Interim Human Resources Director
Subject:
Appointment of a Retired Annuitant to Perform Extra
Help/Special Project Law Enforcement Services in the
Police Department.
FINANCIAL IMPACT: There is no new fiscal impact or budget action necessary resulting from the recommended appointments. The
proposed expenditures will be funded by salary savings
in the respective department’s approved FY 2022-2023
budgets – (Police Department Part-Time Budget
01191021-400006).
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
City Council approval is requested to appoint retiree
Louie Tirona as an annuitant prior to the end of the
CalPERS required 180-day waiting period.
RECOMMENDED ACTION: APPROVE the appointment of Louie Tirona as a retired annuitant for a limited term, extra help/special project role not to exceed one (1) year or 960 hours, whichever
comes first – Human Resources (Nickie Mastay/Sharrone
Taylor 510-620-6602).
AGENDA
REPORT
October 4, 2022
DISCUSSION:
The Police Department petitioned Human Resources to hire a retired employee to provide extra help/special project law enforcement services for a limited term not to exceed one (1) year or 960 hours, whichever comes first.
Mr. Tirona retired as the Assistant Police Chief on July 30, 2022, after twenty-eight years of service to the City. The City is currently recruiting for the Assistant Police Chief vacancy. Mr. Tirona's experience and expertise are critically needed to transition and train his replacement, who the Department expects to hire within the next sixty (60) days. Additionally, there exists several critical vacancies and unprecedented low staffing levels in the Department, necessitating the development of a strategic staffing deployment plan that accounts for staffing levels over the next three (3) years. Mr.
Tirona will assist with creating and implementing this plan, as well as providing direction to sworn staff as needed, to ensure that there is adequate oversight and coverage in the Department. These services are critically necessary for maintaining basic ongoing Police Department operations.
The requirements for retired annuitant appointments are based on California Public Employee Retirement Law (PERL) and federal tax law for post-retirement services provided by a retired annuitant. These laws allow employment of a retired annuitant in two (2) specific circumstances — (1) to provide "extra help"; or (2) to work in a vacant position on an interim basis during the recruitment process. Extra help appointments include when the retired annuitant is hired to perform work of limited duration, such as elimination of a backlog, special project work, or to perform work exceeding regular staff work. Additional restrictions for extra help appointments include:
The retired annuitant must provide services of limited duration; Compensation may be no more than another employee would receive for similar work; and
The annuitant’s work must not exceed 960 hours in any fiscal year.
CalPERS retired annuitants are generally prohibited from returning to work for a CalPERS employer within 180 days of their retirement. However, Government Code section 7522.56(f) provides for several exceptions from this general rule. One exception is for “a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter.” Another exception is when the employer “certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting.” Such appointment must be approved as an item of business not on the consent calendar.
The requested return date for Mr. Tirona is less than 180 days after his retirement date, and therefore his appointment must fall within one of the exceptions under Government Code section 7522.56(f) in order to comply with CalPERS rules. City staff believes that
October 4, 2022
Mr. Tirona’s appointment meets both the public safety officer exception and the critical necessity exception, which requires a City Council resolution. Therefore, City staff is requesting that City Council adopt a resolution certifying the critical need for Mr.
Tirona’s appointment to perform extra help/special project law enforcement services.
ANALYSIS:
Mr. Tirona possesses specialized skills required to perform the extra help/ special project work needed by the Police Department and will perform the aforementioned services for a limited duration of less than 960 hours per fiscal year. The extra help/ special project work which he will perform is essential to maintaining the basic ongoing Police Department operations, implementing a strategic staffing deployment plan, and onboarding a permanent Assistant Police Chief.
In accordance with applicable laws, Mr. Tirona will be compensated $91.33 per hour.
This hourly compensation is within the compensation range for the Project Manager III position, the position which includes duties most comparable to those specific tasks that will be performed by Mr. Tirona. The current hourly compensation range for the position of Project Manager III is $57.38 per hour to $91.33 per hour. He will not receive any other benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate. His work schedule will be approximately 15- 20 hours per week.
Accordingly, City staff believes Mr. Tirona’s appointment meets both the independent statutory basis for employing a retired annuitant to provide extra help and the statutory exception to the 180-day waiting period for critically needed positions.
RECOMMENDATION:
City Staff recommends the City Council:
1. Adopt the Resolution approving an exception to the 180-day waiting period for Louie Tirona; and
2. Approve the employment agreement between the City and Mr. Tirona.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution for Louie Tirona
Attachment 2 – Contract Agreement
01337.0004/817279.1
RESOLUTION NO. _____
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, FOR 180-DAY WAIT PERIOD EXCEPTION
G.C. SECTIONS 7522.56 & 21224
WHEREAS, in compliance with Government Code section 7522.56 the City of Richmond City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and WHEREAS, Louie Tirona (CalPERS ID 1113949496) retired from the City of Richmond in the position of Assistant Police Chief, effective July 30, 2022 ; and WHEREAS, section 7522.56 requires that post -retirement employment commence no earlier than 180 days after the retirement date, which is January 27, 2023 (date of 181st day after retirement) without this certification resolution; and
WHEREAS, section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the City Council of the City of Richmond and Louie Tirona certify that he has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, the City Council hereby appoints Louie Tirona as a n extra help retired annuitant to perform extra help/ special project work for the City of Richmond Police Department under Government Code section 21224, effective November 1, 2022; and WHEREAS, the entire employment agreement, contract or appointment document between Louie Tirona and the City of Richmond has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.33 to equal the hourly rate; and WHEREAS, the maximum monthly base salary for this position is $ 9,945 and the hourly equivalent is $15,830, and the minimum base salary for this position is $57.38 and the hourly equivalent is $91.33; and
01337.0004/817279.1
WHEREAS, the hourly rate paid to Louie Tirona will be $98.00; and WHEREAS, Louie Tirona will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.
NOW THEREFORE, BE IT RESOLVED THAT the City Council of the City of Richmond hereby certifies the nature of the appointment of Louie Tirona as described herein and detailed in the attached employment agreement and that this appointment is necessary to perform critically needed extra help/ special project law enforcement services to support the City of Richmond Police Department because such appointment is essential to maintaining the basic ongoing department operations, implementing a strategic staffing deployment plan, and onboarding a permanent Assistant Police Chief.
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held October 4, 2022, by the following vote:
-----------
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
_____________________________
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
01337.0004/817279.1
____________________
Mayor
Approved as to form:
____________________
City Attorney
01148.0004/762008.1 Page 1 of 5
CITY OF RICHMOND
PART-TIME, LIMITED DURATION EXTRA HELP
EMPLOYMENT AGREEMENT
This PART-TIME, LIMITED DURATION EXTRA HELP EMPLOYMENT AGREEMENT (“Agreement”) is made by and between the CITY OF RICHMOND (“City”) and LOUIE TIRONA (“Employee”). The City and Employee may be r eferred to individually as a “Party” or collectively as “the Parties.”
RECITALS
WHEREAS, Government Co de Sections 21224(a) and 7522.56(c) permit retired annuitants under the California Public Employees’ Retirement S ystem (“CalPERS ”) to be employed without reinstatement from retirement upon appointment by a public agency because the retired person has specialized skill needed in performing work of limited duration; and WHEREAS, the City desires to hire Employee as an at-will, part-time employee in order to provide extra help budgeting and accounting services for a limited duration of time; and WHEREAS, as a CalPERS retired annuitant under Government Code Sections 21224(a) and 7522.56(c), Employee possesses extensive professional experience in municipal finance and budgeting and therefore has specialized skills to perform services needed by the City under this Agreement; and
WHEREAS, pursuant to City of Richmond Municipal Code §2.0 4.020(2), the City Manager has the authority to appoint Employee as a part-time employee of the City; and WHEREAS, Employee acknowledges that employment pursuant to this Agreement is at- will and of a limited duration for a definite period of time, as described below; and WHEREAS, the P arties wish to establish t he terms and conditions of Employee’s services to the City, as described in this Agreement.
NOW, THEREFO RE, in consideratio n o f the mutual covenants contained herein, City and Employee hereby agree as follows:
AGREEMENT
Section 1: TERM
The term of this A greement shall commence on November 1 , 2022, and shall automatically terminate on November 1, 2023, unless terminated prior to this date by either Party (“Term”). Accordingly, the Term will in no event exceed the 960 -hour per fiscal year limit under Government Code Section 2122 4(a). Employee acknowledges he is an at -will, limited duration extra-help employee who may be terminated, with or without cause, a nd with or
01148.0004/762008.1 Page 2 of 5
without notice, at any time by the City Manager. November 1, 2022, shall be Employee’s “Hire Date” for purposes of this Agreement.
Section 2: DUTIES, RESPONSIBILITIES, AND WORK HOURS
A. Employee shall be appointed to perform extra help and special project budgeting and accounting work for a limited duration of time . Extra help work, which is in e xcess of what regular staff can do, will consist of the following tasks:
• Preparation of staff reports, and any City Council agenda packet as directed by the Police Chief’s office.
• Participation at recruitment strategy meetings.
• Training and transitioning existing and new management employees.
B. Employee acknowledges that City Hall is open Monday through Friday from 8:30 a.m. to 5:00 p.m., including a standard one hour lunch period . Employee shall work under t he direction of the City Manager and Police Chief. Subject to the Term as stated in Section 1 of this Agreement, Employee shall work the number of hours eac h week as directed and authorized by the Police Chief, provided that Employee shall not work more than forty (40) hours in a single week.
C. All data, st udies, reports, and other docu ments prepared and/or reviewed by Employee while per forming his duties during the Term of this Agreement shall be furnishe d to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specificati ons, p lans, procedures, drawings, descriptions, computer progr am data, input recor d data, written information, and other materials e ither created by or provided to Employee in connection with the performance of this Agreem ent shall be h eld confidential by Employee to the extent permitted by applicable law. Such mate rials, without the p rior written consent of the City Manager or designee, shall not be used by Employee for any purpose other than the performance of his duties. Nor shall such materials be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by law.
Section 3: COMPENSATION AND BENEFITS
A. The City agrees to compensate Employee at the hourly rate of Ninety-One dollars and th irty-three cents ($91.33), which is within hourly compensation range for the Project Manager III, the position which includes duties most comparable to those specific tasks that will be performed by Employee under this Agreement. The current hourly compensation range for the position of Project Manager III is $57.38 per hour to $91.33 per hour.
B. Employee shall not be eligible for any o ther benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate.
Section 4: RESIGNATION/TERMINATION
01148.0004/762008.1 Page 3 of 5
A. Employee may resign at any ti me; provided, however, Employee shall reasonably provide the City manager with at least two (2) weeks advance written notice.
B. Employee is an at -will employee and serves at the will and pleasu re of the City Manager and may be terminated at any time, with or without cause, and with or without notice.
Notwithstanding the requirements of the Police Officers Bill of Rights, Government Code sections 3300 et seq., because Employee is being hired as a retired annuitant and his appointment is subject to the requirements of the Californ ia Public Employees Retirement Law ("PERL") and Public Employees' Pension Reform Act ("PEPRA"), Employee must be hired at -will in order to comply with these requirements.
C. After Notice o f Resigna tion or Termination, Employee shall cooperate with the City, as requested by the City, to effect a transition of Employee’s responsibilities and duties and to ensure that the City is aware of all matters being handled by Employee.
D. Employee shall not be e ntitled to severance pay and Employee expressly waives any and all rights with respect to severance pay.
Section 5: NOTICES
Notices required to be ser ved pursuant to this Agreement shall be served in person or by first-class U.S. mail addressed as follows:
City
Shasa Curl, City Manager
City of Richmond_______
Employee
Louie Tirona
Address on file with the City
Section 6: GENERAL TERMS AND CONDITIONS
The general terms and conditions of this Agreement are described as follows:
A. Indemnification. To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or om ission occurring in the performance of Employee’s services under this Agreement . This section shall not apply to any intentional tort or crime committed by Employee, to any action outsi de the course and sco pe of Employee’s employment, or any other intenti onal or malicious conduct or gross negligence of Employee.
B. Entire Agreement . The text of this Agreement shall constitute th e entire and exclusive agreement between the Parties. All pri or oral or written co mmunications,
01148.0004/762008.1 Page 4 of 5
understandings, or agreements betwe en the Parties not set forth her ein shall be superseded in total by this Agreement. No amendment or modification to this Ag reement may be made except by a written agreement signed by the Employee and the City Manager.
C. Assignment. This Agreement is not assignable by either the City or Employee.
D. Severability. In the event any provi sion of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the Parties, the remainder of this Agreement shall remain in full force and effect unless the part s found to be illegal or void are wholly inseparable from the remaining portions of this Agreement.
E. Effect of Waiver . The f ailure of eithe r Party to insi st on strict complian ce with any of the terms, covenants, or conditions in this Agreement by the other Party shall not be deemed a waiver of that ter m, covenant, or condition, nor shall any waiver or relinq uishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times.
F. Governing Law and Jurisdiction . This Agreement shall be governed by and construed in accordance with th e laws of the State of California, which are in fu ll force and effect as of the date of execution. Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Ventura County, California. Employee expressly waives any right to remove any such action from Ventura County.
G. Effective Date. This Agreement shall not become effective until it has been signed by Employee and approved by the City Manager.
H. Effect of Agreement on Employee’s CalPERS Retirement Benefits . The City makes no representation on the impact, if any, th is Agreeme nt shall or may have upon his CalPERS retirement benefits, status, duties , and/or obligations. Employee acknowledges that in entering into this Agreement, he has not relied upon any s uch representati ons (none of which being in existe nce) in assessing the CalPERS-related impact of his employment. Therefore, Employee releases the City from any and all CalPERS -related claims or liabilities that may arise in connection with his employment pursuant to this Agreement.
I. No Unemp loyment Insu rance Benefits Receiv ed B y E mployee. Employee expressly certifies and warrants to the City that he has not received any unemployment insurance payments for retired annuitant work for any public employer wi thin the 12 months prior to his appointment date.
J. Compliance With 96 0 Ho urs Per Fis cal Year L imit. Employee further certifies and warrants to the City that his anticipated work schedule of 25 hours per week will not cause him to exceed the 960 hou rs pe r fi scal year limit pursuant t o Gover nment Code Section 21224(a), including work for any other CalPERS employer during the current fiscal year.
K. Conflicts Prohibited. During the term of this A greement, Employee shall not engage in any business or tr ansaction or maintain a financial i nterest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee’s duties under this Agreement. Employee shall comply wi th all requirements of law, including but not limited
01148.0004/762008.1 Page 5 of 5
to, Sections 1090, 1125, and 87100 et seq. of the Government Code, and all other simil ar statutory and administrative rules.
L. Independent Legal Advice. The City and Employee represent and warrant to each other that each ha d the opportunity to receive legal advice from independent and separate legal counsel with respect to th e legal effect o f this Agreement, that each has carefully reviewed this entire Agreement , that each and every term thereof is understood , and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof.
IN WITNESS WHEREOF, the City of Richmond has caused this Agr eement to be signed and executed on its behalf by its City Manager, and executed by the Employee.
CITY OF RICHMOND,
Dated: ___________________________ __________________________________ _______________
City Manager
EMPLOYEE,
In signing this Agreement, Employee understands and agre es that he is an at-will, part- time employee and that his rights to employment wit h the City are governed by the terms and conditions of this Agreement rath er than the ordinances, resolutions, and policies of the C ity of Richmond which might otherwise apply to classified or other employees of the City. Employee further acknowledges tha t he was given the opportunity to consult with an attorney prior to signing this Agreement.
Dated: ___________________________ Signed: ____________________________ _______________
Employee
October 4, 2022
City Council
DATE: October 4, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Councilmember Nathaniel Bates
Subject:
Develop a Strategy to Prevent Richmond from Becoming
a Location for Homeless Encampments as Encampments
in Neighboring Cities are being Evacuated
FINANCIAL IMPACT: The financial impact is unknown to abate the subject encampment and develop a plan to prevent illegal
encampment sites
PREVIOUS COUNCIL
ACTION:
The City Council has approved several actions to
address various homeless encampments throughout the
city.
STATEMENT OF THE
ISSUE:
Due to the sunset of the encampment at Rydin Road and
other large encampments in neighboring cities, the City of Richmond needs to develop a strategy to prevent the
erection of encampment sites throughout the City.
Currently there is an encampment growing at Miller Knox Park.
RECOMMENDED ACTION:
DIRECT City staff to immediately prepare an emergency
action plan to avoid the City of Richmond from becoming a destination for homeless encampments and dumping
grounds – Councilmember Nathaniel Bates (510-620-
6743)
AGENDA
REPORT
October 4, 2022
DISCUSSION:
Due to the sunset of the encampment at Rydin Road and other large encampments in neighboring cities, the City of Richmond needs to develop a strategy to prevent the erection of encampment sites throughout the city.
City staff has fielded several calls and complaints regarding the growing encampment at Miller Knox Park. The community is requesting immediate action to prevent the situation from escalating. There are multiple locations that could become the next Rydin Road and Castro Street encampments with multiple vehicles associated with illegal dumping.
With Grayson Site (Berkeley) and Wood encampment (Oakland) closing, the community is concerned that the City is not hearing their concerns or prioritizing these hotspots.
Staff in the Mayor’s Office has documented the following eight (8) vehicles at Miller Knox Park:
2-door gray/silver Chevy Silverado pickup
2-door hunter green Chevy Silverado pickup
4-door silver Chevy pickup
Gulfstream Ultra RV: White with blue & maroon striping; currents all pulled 2-door silver Dodge Ram van
Southwind Fleetwood RV: Cream with beige/gray/blue striping Flair Fleetwood RV: Off-white with green/blue/tan-orange striping Conquest 102 Gulfstream RV: off-white with blue striping
Four (4) of the five (5) RVs have been there for up to 6+ weeks along with the gray/silver van. The other RV showed up during the week of 9/12/22. The two pickup trucks showed up the week of 9/19/2022.
The community is requesting no RV parking and/or 72-hour max parking (per RMC) signs be installed along this entire stretch of Dornan Drive ASAP.
Once Rydin is closed on September 30th, the community is expecting action. Last year, former City Manager Snideman informed the City Council that the 72-hour no parking policy would be enforced throughout the City except at Rydin and Castro.
DOCUMENTS ATTACHED:
NONE