On November 30, 2017, CARB released its 2017 Climate Change Scoping Plan (2017 Scoping Plan), which lays out the framework for achieving the 2030 reductions as established in SB 32 (and other regulations). The 2017 Scoping Plan identifies the GHG reductions needed by emissions sector to achieve a Statewide emissions level that is 40 percent below 1990 levels before 2030. Many of the programs require Statewide action, promulgated through regulation, and are outside the ability of substate jurisdictions to implement on their own accord. This is important to recognize in terms of GHG emissions efficiency and attaining GHG targets. The ability to attain targets will rely not only on transportation strategies (e.g., the SCS) but also on land use strategies implemented by local cities and counties (e.g., qualified GHG reduction plans) and controls and actions tied to economy-wide changes promulgated by the State.
The CARB 2022 Scoping Plan is the most current version. The CARB 2022 Scoping Plan for achieving Carbon Neutrality lays out a path to achieve AB 1279 targets and SB 32 (CARB 2022). The actions and outcomes in the 2022 Scoping Plan would achieve significant reductions in fossil fuel combustion by deploying clean technologies and fuels, further reductions in short-lived climate pollutants, support for sustainable development, increased action on natural and working lands to reduce emissions and sequester carbon, and the capture and storage of carbon
Mitigation Measures
The City is unable to implement mitigation to reduce this significant impact to levels that would be less than significant based on a recent court case titled California Restaurant Association v. City of Berkeley. Briefly, in this case, the California Restaurant Association sued Berkeley in the U.S. District Court for the Northern District of California, arguing among other things that the federal Energy Policy and Conservation Act (EPCA) preempted the City’s ordinance banning natural gas in new buildings. The District Court dismissed the California Restaurant Association’s challenge. However, the Ninth Circuit reversed the District Court, holding that EPCA expressly preempts state and local regulations concerning the energy use of 517
Final Environmental Impact Report
Response to Comments Document
many natural gas appliances. The Ninth Circuit concluded that EPCA preempted Berkeley’s ban of natural gas, because it prohibited the onsite installation of natural gas infrastructure necessary to support natural gas appliances covered under the EPCA. Accordingly, based on the decision of the Ninth Circuit in California Restaurant Association v. City of Berkeley, the City of San Leandro cannot require the project applicant to eliminate natural gas from the proposed project. No other mitigation is available to eliminate the use of natural gas in the proposed project. See Section 6, Alternatives, which includes project alternatives that do not include natural gas connections.
While the City is unable to require mitigation eliminating natural gas, this City has developed Mitigation Measure GHG-1 to reduce the use of natural gas to the extent possible.
GHG-1 Natural Gas Use Reduction
The building and its appliances (space heating, hot water heating, office cooking facilities, etc.) shall be all electric. Natural gas plumbing shall be permitted, activated and operated only for specific industrial or manufacturing processes that require natural gas as a critical component to that process or processes. The final site plans shall note that building appliances must be all electric. Building tenants shall be made aware of the restricted use of natural gas through language in the leasing and/or deed documentation.
Significance After Mitigation
Implementation of Mitigation Measure GHG-1 would reduce the natural gas consumption as routine part of building operations, but it would not eliminate natural gas infrastructure from the project. Because the proposed project would include natural gas plumbing and there is no feasible mitigation to reduce potentially significant impacts resulting from the provision of this natural gas plumbing GHG emissions of the project, impacts would remain significant and unavoidable.
The proposed project would be inconsistent with policies measures BE-1 and BE-2 because the proposed project would include new natural gas connections. Accordingly, the proposed project would conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing GHG emissions, such as General Plan Policy EH-3.4 and the City’s Climate Action Plan. Impacts would be potentially significant, and mitigation is required.
A project’s environmental impacts are “cumulatively considerable” if the “incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects” (CEQA Guidelines Section 15065[a][3]). While greenhouse gas emissions are a global occurrence and climate change affects the entire planet, it is impractical to extend the geographic scope for this cumulative impacts analysis to the entire planet. Additionally, the geographic scope for this analysis need only to include the San Franscisco Bay Area due to the abundance or GHG emission sources, including residential, commercial, industrial, and mobile sources. Combined, the GHG emissions from these sources have resulted in a significant cumulative impact related to climate change. The proposed project would result in additional GHG emissions, especially due to the combustion of natural gas that is included 518
City of San Leandro
880 Doolittle Drive Industrial Project
Final Environmental Impact Report
Response to Comments Document
in the natural project. The other reasonably foreseeable future projects listed in Table 3.1 of this EIR would also generate GHG emissions. Accordingly, the cumulative GHG impacts of the proposed project would be significant. As described in Section 4.1.3, there are no feasible mitigation measures to reduce the significant GHG impacts of the proposed project to levels that would be less than significant. Implementation of Mitigation Measure GHG-1 is required, but would not eliminate natural gas from the proposed building. Therefore, the project’s contribution to significant cumulative GHG impacts would be cumulatively considerable.
Pages 4.4-6 and 4.4-7 of the Draft EIR are revised as follows:
The project VMT of 15.34 miles per employee is below the 2020 VMT threshold of 16.3 miles per employee. This threshold was established by applying a 15-percent reduction to the 2020 average VMT of 19.2 miles per employee. Therefore, the proposed project would not conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b), as it pertains to VMT. Impacts would be less than significant. page 51 of the Initial Study is revised as follows:
The proposed project would involve construction work near street trees just off the project site near the driveway that connects to Hester Street which may affect protected nesting birds in existing trees. For example, construction noise could result in adult birds abandoning their nests. Project construction would also potentially require the removal of these trees, resulting in loss of nests if present. These trees would not be suitable for raptor nest sites, because raptors that could occur in the area based on prey habitat would use higher nesting sites than offered by street trees. For example, the San Francisco Bay supports many fish species, a known prey for osprey. However, osprey prefer high nest sites that offer good visibility near water. However, these trees could be used as nest sites for numerous passerine birds, such as sparrows, robins, and other songbirds. Impacts to migratory nesting birds would be potentially significant and implementation of Mitigation Measure BIO-1 is required.
The project site is approximately 2.5 miles east of Oakland International Airport and 6.6 miles north of the Hayward Executive Airport. The project site is within the Oakland Airport Influence Area but is not within a noise or safety compatibility zone of the Oakland Airport.
The project site and is located primarily in the Outer Approach/Departure Zone (Zone 4), where warehouses and distribution facilities are a compatible use assuming employment does not exceed 100 employees per acre (Alameda County Community Development Agency 2010; Alameda County Airport Land Use Commission 2010). The project site is also partially within the Traffic Pattern Zone (Zone 6). Warehouses are a compatible land use within Zone 6 with no limits on employment density.
revised as follows:
According to CalEnviroScreen, the Project site is located within Census Tract 6001441503, which is within the 40-45 percentile. However, and the nearest sensitive receptors to the east are located within the 25-30 >80-90 percentile (Census Tract 6001443321) and 15-20 percentile (Census Tract 6001443322 6001432400).
519
Final Environmental Impact Report
Response to Comments Document
The Draft EIR is revised to include Appendix G, Federal Aviation Administration No Hazard Determination, as a new appendix as follow:
520
City of San Leandro
880 Doolittle Drive Industrial Project
Final Environmental Impact Report
Response to Comments Document
Appendix G
Federal Aviation Administration No Hazard Determination
521
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2022-AWP-14720-OE
Issued Date: 10/15/2022
Sindia Maya
Kimley-Horn
555 Capitol Mall
Sacramento, CA 95814
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure: Building South East Corner of Distribution Facility Location: Oakland, CA
Latitude: 37-43-12.00N NAD 83
Longitude: 122-11-11.40W
Heights: 17 feet site elevation (SE)
50 feet above ground level (AGL)
67 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or:
_____ At least 10 days prior to start of construction (7460-2, Part 1) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory circular 70/7460-1 M.
This determination expires on 04/15/2024 unless:
(a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office. (c) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. 522
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all previously filed frequencies and power for this structure.
If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body.
If we can be of further assistance, please contact our office at (816) 329-2528, or [email protected].
On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2022- AWP-14720-OE.
Signature Control No: 545518138-557862471 ( DNE )
Cindy Whitten
Supervisor
Attachment(s)
Map(s)
523
TOPO Map for ASN 2022-AWP-14720-OE
524
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2022-AWP-14720-OE
Issued Date: 10/15/2022
Sindia Maya
Kimley-Horn
555 Capitol Mall
Sacramento, CA 95814
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure: Building South East Corner of Distribution Facility Location: Oakland, CA
Latitude: 37-43-12.00N NAD 83
Longitude: 122-11-11.40W
Heights: 17 feet site elevation (SE)
50 feet above ground level (AGL)
67 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or:
_____ At least 10 days prior to start of construction (7460-2, Part 1) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory circular 70/7460-1 M.
This determination expires on 04/15/2024 unless:
(a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office. (c) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. 525
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all previously filed frequencies and power for this structure.
If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body.
If we can be of further assistance, please contact our office at (816) 329-2528, or [email protected].
On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2022- AWP-14720-OE.
Signature Control No: 545518138-557862471 ( DNE )
Cindy Whitten
Supervisor
Attachment(s)
Map(s)
526
TOPO Map for ASN 2022-AWP-14720-OE
527
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2022-AWP-14720-OE
Issued Date: 10/15/2022
Sindia Maya
Kimley-Horn
555 Capitol Mall
Sacramento, CA 95814
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure: Building South East Corner of Distribution Facility Location: Oakland, CA
Latitude: 37-43-12.00N NAD 83
Longitude: 122-11-11.40W
Heights: 17 feet site elevation (SE)
50 feet above ground level (AGL)
67 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or:
_____ At least 10 days prior to start of construction (7460-2, Part 1) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory circular 70/7460-1 M.
This determination expires on 04/15/2024 unless:
(a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office. (c) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. 528
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all previously filed frequencies and power for this structure.
If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body.
If we can be of further assistance, please contact our office at (816) 329-2528, or [email protected].
On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2022- AWP-14720-OE.
Signature Control No: 545518138-557862471 ( DNE )
Cindy Whitten
Supervisor
Attachment(s)
Map(s)
529
TOPO Map for ASN 2022-AWP-14720-OE
530
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2022-AWP-14720-OE
Issued Date: 10/15/2022
Sindia Maya
Kimley-Horn
555 Capitol Mall
Sacramento, CA 95814
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure: Building South East Corner of Distribution Facility Location: Oakland, CA
Latitude: 37-43-12.00N NAD 83
Longitude: 122-11-11.40W
Heights: 17 feet site elevation (SE)
50 feet above ground level (AGL)
67 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or:
_____ At least 10 days prior to start of construction (7460-2, Part 1) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory circular 70/7460-1 M.
This determination expires on 04/15/2024 unless:
(a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office. (c) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. 531
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all previously filed frequencies and power for this structure.
If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body.
If we can be of further assistance, please contact our office at (816) 329-2528, or [email protected].
On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2022- AWP-14720-OE.
Signature Control No: 545518138-557862471 ( DNE )
Cindy Whitten
Supervisor
Attachment(s)
Map(s)
532
TOPO Map for ASN 2022-AWP-14720-OE
533