City of Oakland

File No. ER04-0009

INITIAL STUDY AND ENVIRONMENTAL

REVIEW CHECKLIST
California Environmental Quality Act (CEQA)
1. Project Title:

Oak to Ninth Avenue Mixed Use Development

2. Lead Agency Name and Address:

City of Oakland
Community and Economic Development Agency
Planning Division
250 Frank H. Ogawa Plaza, Suite 3315
Oakland, CA 94612

3. Contact Person and Phone Number:

Margaret Stanzione, Strategic Planning Coordinator

phone: (510) 238-4932
e-mail: [email protected]

4. Project Location:

Oak to Ninth Avenue (area bounded by the Oakland

Estuary, the Embarcadero, Fallon Street and 10th Avenue
APN Nos: 0000-0430-001-02, portion of
0000-0430-001-04, 0000-0460-003, 0000-0460-004,
0000-0465-002, and portion of 0000-0470-002

5. Project Sponsors Name and Address: Oakland Harbor Partners

4670 Willow Road, Suite 200
Pleasanton, CA 94588
6. General Plan Designation:
District (PWD-1)

Estuary Policy Plan Designation: Planned Waterfront

7. Zoning:

M-40 Heavy Industrial Zone

S-2/S-4 Civic Center Zone/Design Review Overlay

8. Description of Project:
Project Area. The proposed project area is located along the Oakland Estuary and is bounded by the
Embarcadero between Fallon Street and Tenth Avenue in Oakland and south of Interstate 880 (I-880) (see
Figure 1). Jack London Square and District are located to the northwest of the project area, and Brooklyn
Basin is located to the southeast of the project area.

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Project Description. The entire project site is approximately 62 acres of waterfront property owned by the
Port of Oakland. The proposed project includes up to 3,100 residential units, 200,000 square feet of
ground-floor commercial space, 3,500 structured parking spaces, approximately 27 acres of public open
space, two renovated marinas, and a wetlands restoration area. The project is proposed to be constructed
in phases over approximately ten years. The site is currently occupied by a combination of commercial,
warehouse and light industrial services. The existing buildings on the site will be demolished, with the
exception of a portion of the Ninth Avenue Terminal shed building, Estuary Park, and the Jack London
Aquatic Center. The site is primarily zoned M-40 Heavy Industrial with a small portion zoned S-2/S-4
Civic Center/Design Review. The General Plan land use designation is the Estuary Policy Plans Planned
Waterfront District (PWD-1). As it pertains to the project areas, construction of the proposed project will
require consideration of amendments to the City of Oakland Estuary Policy Plan, a rezoning of the
property because it is not currently designated for residential or commercial uses, approval of a
subdivision map, design review approval, a development agreement, and possibly other City
approvals/actions. In addition, approvals or permits may also be required from other agencies for
activities such as modifications to the shoreline, demolition of structures, site remediation, wetlands
restoration, local and regional access (Caltrans), and possibly other activities. One or more parcels in the
project area may be listed on the Cortese List of hazardous waste sites (Government Code Section
65962.5).
The proposed project requires action by the City of Oakland. This Initial Study is intended to address
potential environmental impacts associated with construction and operation of the project including
construction of the proposed project and obtainment of all necessary zoning, grading and building
permits, and any other discretionary actions required by the City of Oakland and other governmental
agencies, including but not limited to a General Plan Amendment, Rezoning, Planned Unit Development,
Subdivision, Design Review, and Development Agreement. This Initial Study may also be used by other
responsible agencies, including BCDC, Caltrans, and the Port of Oakland.

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FIGURE 1
LOCATION MAP

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FIGURE 2
ILLUSTRATIVE DEVELOPMENT PLAN

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9. Surrounding Land Uses and Setting:

The project area is along the Oakland Estuary, between
Fallon Street and Tenth Avenue, within less than a mile from downtown Oakland. To the
northwest of the project area lie commercial uses of Jack London Square, warehouse and live-work
lofts in the Jack London District, The Landing residential development, and the Amtrak station.
The northern surrounding area, beyond I-880, land uses include Laney College Campus, Union
Pacific Railroad, and the San Antonio District which is a neighborhood with residential uses of
various densities and commercial uses along the main corridors of International Boulevard and 12th
Street. To the southeast lie hotel and retail uses along Brooklyn Basin. Along the western border
of the project area lies the Citys Estuary Park/Aquatic Center.
The project area is located adjacent to The Embarcadero and Interstate 880 (I-880), about one-half
mile of the Lake Merritt BART Station, and about a mile from the 12th Street/City Center BART
Station. The Oakland/San Francisco Ferry, which is located near the western boundary of Jack
London Square, and the Amtrak station are northwest of the project area. AC Transit routes within
the vicinity of the project site include Transbay Lines OX, S, SA, SB and Local Lines 35X and 36X
along Embarcadero Street.
10.

Actions for Which This Initial Study May Be Applied Without Limitation:

11.

General Plan Amendment

Rezoning
Planned Unit Development under Section 17.122
Subdivision
Development Agreement under Section 17.138
Design Review
BCDC Permit
Port Agreements
Implementation of mitigation measures, as required

Environmental Factors Determined To be Less than Significant: As noted in the following

evaluation, the following environmental factors have been determined to be less than significant
and will not require further analysis in the EIR:

Agricultural Resources
Mineral Resources

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ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED

The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics

Agricultural Resources

Air Quality

Biological Resources

Cultural Resources

Geology/Soils

Hazards/Hazardous Materials

Hydrology/Water Quality

Land Use/Planning

Mineral Resources

Noise

Population/Housing

Public Services

Recreation

Transportation/Traffic

Utilities/Service Systems

Mandatory Findings of Significance

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DETERMINATION
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because mitigation measures have been added
to the project. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a potentially significant impact or potentially
significant unless mitigated impact on the environment, but at least one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has
been addressed by mitigation measures based on the earlier analysis. An
ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects
that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an earlier EIR
or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been
avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including
revisions or mitigation measures that are imposed upon the proposed project, nothing further
is required.

Signature

Date

Margaret Stanzione
Strategic Planning Coordinator

For Claudia Cappio

Development Director

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EVALUATION OF ENVIRONMENTAL IMPACTS

Potentially
Significant
Impact

Potentially
Significant
Unless
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

I. AESTHETICS -- Would the project:

a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
within a state scenic highway?
c) Substantially degrade the existing visual character or quality
of the site and its surroundings?
d) Create a new source of substantial light or glare which would
adversely affect day or nighttime views in the area?
Comments to I.b:
The proposed project would not result in any substantial adverse effect on scenic resources since
the project area is not located within or near a state scenic highway. The Alameda County General
Plan Scenic Route Element identifies nearby I-880 as a scenic route, but the designation applies
only to unincorporated areas of the County and not to portions within the City of Oakland.
Although the Caltrans Scenic Route Program identifies the Oakland segment of I-580 as a
designated California Scenic Route, the project area is more than 2 miles from I-580.
Comments to I.a, c, and d:
As the proposed project would entail the development of new and taller buildings in the Oak to
Ninth Avenue, the project EIR will evaluate the impacts of the proposed project on scenic vistas,
visual quality, and light and glare.
Sources:
Project Description and Plans.
California Department of Transportation, California Scenic Highway Program,
http://www.dot.ca.gov/hq/LandArch/scenic/cahisys.htm, accessed November 6, 2002.
Site visit.

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Potentially
Significant
Impact

Potentially
Significant
Unless
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

II. AGRICULTURAL RESOURCES -- Would the project:

a) Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
c) Involve other changes in the existing environment which, due
to their location or nature, could result in conversion of
farmland to non-agricultural use?
Comments to II.a, b, and c:
The proposed project would not result in impacts on agricultural resources as the project area is
located in a developed, industrial area of Oakland that does not include agricultural uses. The
project area, as with the majority of developed land in the City of Oakland, is designated by the
California Department of Conservations Farmland Mapping and Monitoring Program as Urban
and Built-Up Land (Department of Conservation, 1998).
Sources:
Oakland General Plan, Land Use and Transportation Element, March 24, 1998.
Oakland General Plan, Open Space, Conservation and Recreation Element, June 1996.
State of California, Department of Conservation, Map of Prime Farmland in Alameda County,
1998.

Potentially
Significant
Impact

Potentially
Significant
Unless
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

III. AIR QUALITY -- Would the project:

a) Conflict with or obstruct implementation of the applicable air
quality plan?
b) Violate any air quality standard or contribute substantially to
an existing or projected air quality violation?
c) Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-attainment
under an applicable federal or state ambient air quality standard
(including releasing emissions which exceed quantitative
thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant
concentrations?
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e) Create objectionable odors affecting a substantial number of

people?
Comments to III.a, b, c, d, and e:
The project EIR will evaluate the air quality impacts of the proposed project during construction,
and air quality impacts from any project operations and project-related increases in vehicle traffic.
Sources:
Project Description and Plans.

Potentially
Significant
Impact

Potentially
Significant
Unless
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

IV. BIOLOGICAL RESOURCES - - Would the project:

a) Have a substantial adverse effect, either directly or through
habitat modifications, on any species identified as a candidate,
sensitive, or special status species in local or regional plans,
policies, or regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b)Have a substantial adverse effect on any riparian habitat or
other sensitive natural community identified in local or regional
plans, policies, regulations, or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological interruption, or
other means?
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with established
native resident or migratory wildlife corridors, or impede the
use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Plan, or
other approved local, regional, or state habitat conservation
plan?

Comments to IV.a, b, c, d, e, and f:

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The project EIR will evaluate the potential impacts of the proposed project on biological
resources.
Sources:
Oakland General Plan, Open Space, Conservation and Recreation Element, June 1996.
Project Description and Plans.
Site visit.

Potentially
Significant
Impact

Potentially
Significant
Unless
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

V. CULTURAL RESOURCES -- Would the project:

a) Cause a substantial adverse change in the significance of a
historical resource as defined in 15064.5?
b) Cause a substantial adverse change in the significance of an
archaeological resource pursuant to 15064.5?
c) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
d) Disturb any human remains, including those interred outside
of formal cemeteries?
Comments to V.a, b, c, and d:
The project EIR will evaluate the impacts of the proposed project on cultural and historic
resources, (i.e. Ninth Avenue Terminal).
Sources:
Project Description and Plans.

Potentially
Significant
Impact

Potentially
Significant
Unless
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

VI. GEOLOGY AND SOILS -- Would the project:

a) Expose people or structures to potential substantial adverse
effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on
the most recent Alquist-Priolo Earthquake Fault Zoning
Map for the area or based on other substantial evidence of
a known fault?
ii) Strong seismic ground shaking?

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iii) Seismic-related ground failure, including

liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil?
c) Be located on a geologic unit or soil that is unstable, or that
would become unstable as a result of the project, and
potentially result in on- or off-site landslide, lateral spreading,
subsidence, liquefaction, or collapse?
d) Be located on expansive soil creating substantial risks to life
or property?
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative wastewater disposal systems where
sewers are not available for the disposal of wastewater?
Comments to VI.a(i), a(ii), a(iii), a(iv), b, c, d, and e:
The project EIR will evaluate the potential impacts of the proposed project on geology and soils.
Sources:
Oakland General Plan, Environmental Hazards Element, September 1974.
Oakland Environmental Factors Analysis, Technical Report #6, October 1995.
Oakland General Plan, Open Space, Conservation and Recreation Element, June 1996.
Project Description and Plans.

Potentially
Significant
Impact

Potentially
Significant
Unless
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project:

a) Create a significant hazard to the public or the environment
through the routine transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public or the environment
through reasonably forseeable upset and accident conditions
involving the release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter
mile of an existing or proposed school?
d) Be located on a site, which is included on a list of hazardous
materials sites compiled pursuant to Government Code Section
65962.5 and, as a result, would it create a significant hazard to
the public or the environment?
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Comments to VII.a, b, c, and d:

The project EIR will evaluate the potential impacts of the proposed project on hazardous materials.
Sources:
Project Description and Plans.

Potentially
Significant
Impact

Potentially
Significant
Unless
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

e) For a project located within an airport land use plan or, where
such a plan has not been adopted, within two miles of a public
airport or public use airport, would the project result in a safety
hazard for people residing or working in the project area?
f) For a project within the vicinity of a private airstrip, would
the project result in a safety hazard for people residing or
working in the project area?
Comments to VII.e and VII.f:
Oakland International Airport (OIA) is located approximately 8 miles southeast of the project area
and therefore would not be affected by the proposed project. No other public airport, public use
airport, or private airstrip in located within two miles of the project area.
Sources:
Thomas Brothers, The Thomas Guide: San Francisco, Alameda and Contra Costa Counties, 1999.
Oakland Zoning Regulations, 1966, as amended through April 2001.

Potentially
Significant
Impact

Potentially
Significant
Unless
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

g) Impair implementation of or physically interfere with an

adopted emergency response plan or emergency evacuation
plan?
Comments to VII.g:
The project EIR will evaluate the potential impacts of the proposed project on an adopted
emergency response or evacuation plan.
Sources:
Project Description and Plans.

Potentially
Significant
Impact

Potentially
Significant
Unless
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

h) Expose people or structures to a significant risk of loss,

injury, or death involving wildland fires, including where

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wildlands are adjacent to urbanized areas or where residences

are intermixed with wildlands?
Comments to VII.h:
The project area is within an urbanized area of Oakland and not located near any forested or grasscovered wildlands. Any new structures built on the proposed development sites would be required
to comply with all applicable Fire Code and fire suppression systems, as routinely required by the
City. Therefore, the proposed project would not expose people or structures to significant risks
associated with wildland fires.
Sources:
Project Description and Plans

Potentially
Significant
Impact

Potentially
Significant
Unless
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

VIII. HYDROLOGY AND WATER QUALITY - - Would

the project:
a) Violate any water quality standards or waste discharge
requirements?
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there would
be a net deficit in aquifer volume or a lowering of the local
groundwater table level (e.g., the production rate of pre-existing
nearby wells would drop to a level which would not support
existing land uses or planned uses for which permits have been
granted)?
c) Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a stream
or river, in a manner which would result in substantial erosion
or siltation on- or off-site?
d) Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a stream
or river, or substantially increase the rate or amount of surface
runoff in a manner that would result in flooding on- or off-site?
e) Create or contribute runoff water which would exceed the
capacity of existing or planned stormwater drainage systems or
provide substantial additional sources of polluted runoff?
f) Otherwise substantially degrade water quality?

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g) Place housing within a 100-year flood hazard area as mapped

on a federal Flood Hazard Boundary or Flood Insurance Rate
Map or other flood hazard delineation map?
h) Place within a 100-year flood hazard area structures which
would impede or redirect flood flows?
i) Expose people or structures to a significant risk of loss, injury
or death involving flooding, including flooding as a result of the
failure of a levee or dam?
j) Result in inundation by seiche, tsunami, or mudflow?
Comments to VIII.a, b, c, d, e, f, g, h, i, and j:
The project EIR will evaluate the impacts of the proposed project on hydrology and water quality.
Sources:
Project Description and Plans.

Potentially
Significant
Impact

Potentially
Significant
Unless
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

IX. LAND USE AND PLANNING -- Would the project:

a) Physically divide an established community?
b) Conflict with applicable land use plan, policy, or regulation
of an agency with jurisdiction over the project (including, but
not limited to, the general plan, specific plan, local coastal
program, or zoning ordinance) adopted for the purpose of
avoiding or mitigating an environmental effect?
c) Conflict with any applicable habitat conservation plan or
natural community conservation plan?

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Comments to IX.a:
The proposed project would redevelop existing sites within the existing Oak to Ninth Avenue area
that is along The Embarcadero between Fallon Street and Tenth Avenue. As the project would
redevelop existing sites with industrial and maritime uses, the proposed project would not
physically divide an established community.
Comments to IX.b:
The project EIR will evaluate the proposed project in relation to the applicable land use plans,
policies, and regulations, including those in the Land-Use and Transportation Element; Estuary
Policy Plan; Open Space, Conservation and Recreation Element; and Historic Preservation
Element.
Comments to IX.c:
The proposed project area is located in an area that is not governed by any habitat conservation
plan or natural community conservation plan. Therefore, the proposed project would not conflict
with any applicable habitat conservation plan or natural community conservation plan.
Sources:
Oakland General Plan, Land Use and Transportation Element, March 24, 1998.
Oakland General Plan, Open Space, Conservation and Recreation Element, June 1996.
Estuary Policy Plan, June 1999.
Project Description and Plans.
Site visit.

Potentially
Significant
Impact

Potentially
Significant
Unless
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

X. MINERAL RESOURCES -- Would the project:

a) Result in the loss of availability of a known mineral resource
that would be of value to the region and the residents of the
state?
b) Result in the loss of availability of a locally important
mineral resource recovery site delineated on a local general
plan, specific plan, or other land use plan?
Comments to X.a and X.b:
The proposed project would be located in an industrial area and would result in the development of
a residential community with retail uses. The project area has no known existing mineral
resources. The project would not require quarrying, mining, dredging, or extraction of locally
important mineral resources on site, nor would it deplete any nonrenewable natural resource.
Sources:
Oakland General Plan, Open Space, Conservation and Recreation Element, June 1996.
Project Description and Plans.
Site visit.

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Potentially
Significant
Impact

Potentially
Significant
Unless
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

XI. NOISE -- Would the project result in:

a) Exposure of persons to or generation of noise levels in excess
of standards established in the local general plan or noise
ordinance, or applicable standards of other agencies?
b) Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise levels?
c) A substantial permanent increase in ambient noise levels in
the project vicinity above levels existing without the project?
d) A substantial temporary or periodic increase in ambient noise
levels in the project vicinity above levels existing without the
project?
e) For a project located within an airport land use plan or, where
such a plan has not been adopted, within two miles of a public
airport or public use airport, would the project expose people
residing or working in the project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip, would
the project expose people residing or working in the project
area to excessive noise levels?
Comments to XI.a, b, c, and d:
The project EIR will evaluate the noise impacts associated with the proposed project, both during
construction and from any project operations and project-related increases in vehicle traffic.
Comments to XI.e and XI.f:
The project area is located approximately 8 miles northwest of the Oakland International Airport
and therefore, the proposed project would not expose employees or patrons to excessive noise
levels. No other private or public use airport or airstrip is located within 2 miles of the project
area.
Sources:
Project Description and Plans.

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Potentially
Significant
Impact

Potentially
Significant
Unless
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

XII. POPULATION AND HOUSING -- Would the project:

a) Induce substantial population growth in an area, either
directly (for example, by proposing new homes and businesses)
or indirectly (for example, through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
Comments to XII.a, b, and c:
The project EIR will evaluate the impacts of the proposed project on population and housing.
Sources:
Oakland General Plan, Land Use and Transportation Element, March 24, 1998.
Project Description and Plans.

Potentially
Significant
Impact

Potentially
Significant
Unless
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

XIII. PUBLIC SERVICES - - Would the project result in

substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities,
or the need for new or physically altered governmental
facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service
ratios, response times, or other performance objectives for any
of the following public services:
a) Fire protection?
b) Police protection?
c) Schools?
d) Parks?
e) Other public facilities?
Comments to XIII.a, b, c, d, e:
The project EIR will evaluate the impacts of the proposed project on public services.
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Sources:
Oakland General Plan, Land Use and Transportation Element, March 1998.
Oakland General Plan, Open Space, Conservation and Recreation Element, June 1996.
Oakland Community Services Analysis, Technical Report #5, October 1995.
Project Description and Plans.

Potentially
Significant
Impact

Potentially
Significant
Unless
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

XIV. RECREATION - - 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?
b) Include recreational facilities or require the construction or
expansion of recreational facilities which might have an adverse
physical effect on the environment?
Comments XIV.a and XIV.b:
The project EIR will evaluate the impacts of the proposed project on recreation as part of the
public services analysis.
Sources:
Oakland General Plan, Open Space, Conservation and Recreation Element, June 1996.
Project Description and Plans.

Potentially
Significant
Impact

Potentially
Significant
Unless
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

XV. TRANSPORTATION/TRAFFIC - - Would the project:

a) Cause an increase in traffic that is substantial in relation to
the existing traffic load and capacity of the street system (i.e.,
result in a substantial increase in either the number of vehicle
trips, the volume to capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a level of service
standard established by the county congestion management
agency for designated roads or highways?
c) Result in a change in air traffic patterns, including either an
increase in traffic levels or a change in location that results in
substantial safety risks?

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d) Substantially increase hazards due to a design feature (e.g.,

sharp curves or dangerous intersections) or incompatible uses
(e.g., farm equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or programs supporting
alternative transportation (e.g., bus turnouts, bicycle racks)?
Comments XV.c:
The project area is located approximately 8 miles from the Oakland International Airport and
therefore would not have an impact on air traffic patterns. No other public or private airport or
airstrip is located within 2 miles of the project area.
Comments XV.a, b, d, e, f, and g:
The project EIR will evaluate the projects potential transportation/traffic impacts, including
circulation and parking impacts, and potential conflicts with adopted policies, plans, or programs
supporting alternative transportation.
Sources:
Project Description and Plans.

Potentially
Significant
Impact

Potentially
Significant
Unless
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

XVI. UTILITIES AND SERVICE SYSTEMS - - Would the

project:
a) Exceed wastewater treatment requirements of the applicable
Regional Water Quality Control Board?
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
c) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant environmental
effects?
d) Have sufficient water supplies available to serve the project
from existing entitlements and resources, or are new or
expanded entitlements needed?
e) Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
adequate capacity to serve the projects projected demand in
addition to the providers existing commitments?
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f) Be served by a landfill with sufficient permitted capacity to

accommodate the projects solid waste disposal needs?
g) Comply with federal, state, and local statutes and regulations
related to solid waste?
Comments to XVI.a, b, c, d, e, f, and g:
The project EIR will evaluate the impacts of the proposed project on utilities and service systems.
Sources:
Oakland General Plan, Land Use and Transportation Element, March 24, 1998.
Oakland Community Services Analysis, Technical Report #5, October 1995.
Project Description and Plans.

Potentially
Significant
Impact

Potentially
Significant
Unless
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

XVII.MANDATORY FINDINGS OF SIGNIFICANCE

a) Does the project have the potential to degrade the quality of
the environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a plant or
animal community, 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?
b) Does the project have impacts that are individually limited,
but cumulatively considerable? ("Cumulatively considerable"
means that the incremental effects of a project are considerable
when viewed in connection with the effects of past projects, the
effects of other current projects, and the effects of probable
future projects.)
c) Does the project have environmental effects that will cause
substantial adverse effects on human beings, either directly or
indirectly?
Comments to XVII.a, b, and c:
The project EIR will evaluate the potential impacts to biological and historical resources. The
proposed project could result in both cumulatively considerable impacts and substantially adverse
effects on human beings. Thus, potential impacts of the proposed project will be evaluated in the
project EIR.

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