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4 Revisions to the Draft EIR
Chapter 4 summarizes in one location the specific changes to the text of the Draft EIR that are being made in response to comments received or to make corrections. Many of these revisions were made as a result of comments received and were also noted in the previous section. In no case do these revisions result in a greater number of impacts or impacts of a substantially greater severity than those set forth in the Draft EIR. Where revisions to the main text are called for, the page and paragraph are set forth, followed by the appropriate revision. Added text is indicated with underlined and deleted text is indicated with strikeout. Page numbers correspond to the page numbers of the Draft EIR.
Page 3-1 of the Draft EIR is revised as follows:
The city is in a valley surrounded by rolling hills with mature trees. Surrounding open space areas contribute to this semi-rural character including: Briones Regional Park is situated northeast and Tilden Regional Park, the Siesta Valley watershed sub-basin Recreation Area, and Sibley Volcanic Regional Preserve are northwest, west, and southwest of the city, respectively.
AES-1 City of Orinda Objective Design Standards The City, with the guidance of a qualified urban design firm, shall develop and adopt objective design standards for the Plan Orinda area similar to the City’s current Senior Housing Overlay standards prior to development of the Housing Element sites. Objective Design Standards shall include guidance including but not limited to structure design, massing, intensity, lighting, and landscaping. For the Housing Element sites, the Objective Design Standards shall require tree planting or other screening measures to ensure that the general aesthetic of Orinda’s roadways would not be substantially adversely affected by the project. Completion of the selected measure or a combination of the selected measures must to the extent feasible include properties located within the Cummings Valley Area.
AQ-1 Individual Air Quality Analysis For individual projects subject to CEQA that do not meet the BAAQMD construction and/or operational screening criteria under Table 4.2-3, individual air quality analysis shall be conducted to determine project significance. Where individual projects exceed BAAQMD significance thresholds detailed under Table 4.2-4, mitigation measures shall be incorporated to reduce emissions to below thresholds or to the furthest extent possible. Construction mitigation measures may include, but are not limited to, incorporation of Tier 4 and/or alternative fueled equipment, use of onsite power sources instead of generators, and use of low/no-VOC content architectural coatings. Operational mitigation measures may include, but are not limited to, increased incorporation of PV beyond regulatory requirements, increased incorporation of EV charging stations and/or infrastructure beyond regulatory requirements, incorporation of a development wide, ride-share system, or elimination of natural gas usage within residential developments. Individual project analysis and
accompanying emission-reduction measures shall be approved by the City and/or BAAQMD prior to issuance of a permit to construct or permit to operate.
AQ-3 Construction Health Risk Assessment For individual projects where construction activities would occur within 1,000 feet of sensitive receptors, would use diesel equipment for longer than two months and would not utilize Tier 4 and/or alternative fuel construction equipment, a construction health risk assessment (HRA) shall be prepared. If an HRA is to be prepared, the HRA shall determine potential risk and compare the risk to the following BAAQMD thresholds: Non-compliance with Qualified Community Risk Reduction Plan; Increased cancer risk of > 10.0 in a million; Increased non-cancer risk of > 1.0 Hazard Index (Chronic or Acute); or Ambient PM2.5 increase of > 0.3 µg/m3 annual average
If risk exceeds the thresholds, measures such as requiring the use of Tier 4 and/or alternative fuel construction equipment shall be incorporated to reduce the risk to appropriate levels below the threshold.
To the south, Orinda is bounded by the East Bay Municipal Utility District (EBMUD) Siesta Valley watershed sub-basin Recreation Area, and to the north lies the EBMUD San Pablo and Briones Reservoirs. The City is primarily developed with residential and commercial uses, although it includes some areas of natural open space.
BIO-1 Biological Resources Screening and Assessment For projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5 that would require grading or vegetation trimming or removal, the project applicant shall hire a qualified biologist to perform a preliminary biological resources screening, for the City’s review and approval, to determine whether the project has the potential to impact special status biological resources, inclusive of special status plants and animals, sensitive vegetation communities, jurisdictional waters (including creeks, drainages, streams, ponds, vernal pools, riparian areas and other wetlands), critical habitat, wildlife movement area, or biological resources protected under local or regional ordinances or an existing HCP or NCCP. If it is determined that the project has no potential to impact biological resources, no further action is required. The change noted above was made to Mitigation Measures BIO-1 through BIO-7 and BIO-9 through BIO-13 on pages 4.3-20-28 in the Draft EIR. The full text has been abbreviated for space in this response.
BIO-1 Biological Resources Screening and Assessment If the project would have the potential to impact biological resources, prior to construction, a qualified biologist shall conduct a project-specific biological analysis to document the existing biological resources within a project footprint plus a minimum buffer of 50 feet around the project footprint, as is feasible, and to determine the potential impacts to those resources, as approved by the City.
BIO-7 Non-Listed Special Status Animal Species Avoidance and Minimization A qualified biologist shall complete pre-construction clearance surveys within 14 days of the start of construction (including staging and mobilization). The surveys shall cover the entire disturbance footprint plus a minimum 200-foot buffer, if feasible, and shall identify all special status animal species that may occur on-site. All non-listed special status species shall be relocated from the site either through direct capture or through passive exclusion. A report of the pre-construction survey shall be submitted to the City for their review and approval prior to the start of construction.
Housing Element Sites HE-1 and 2 are is developed, and isolated from natural habitats; therefore special status plants are not expected to occur.
All projects occurring within/adjacent to aquatic habitats (including riparian habitats and wetlands) shall be completed between April 1 and October 31 June 1 and October 15, to avoid impacts to sensitive aquatic species.
BIO-8 Pre-construction Surveys for Nesting Birds for Construction Occurring within Nesting Season For projects in any of the Housing Element Sites or DPP area that require the removal of trees or vegetation that may contain a nesting bird, construction activities shall occur outside of the nesting season wherever feasible (September 16 to January 31February 14), and no mitigation activity will be required. If construction activities must occur during the nesting season (February 15 to September 15), a qualified biologist shall conduct surveys for nesting birds covered by the CFGC and MBTA no more than 14 days prior to vegetation removal. The surveys shall include the entire segment disturbance area plus a 200-foot buffer around the site or a designated buffer to the satisfaction of the jurisdictional agency. If active nests are located, all construction work shall be conducted outside a buffer zone from the nest to be determined by the qualified biologist. The buffer shall be a minimum of 50 feet for non-raptor bird species and at least 150 feet for raptor species. Larger buffers may be required depending upon the status of the nest and the construction activities occurring in the vicinity of the nest. The buffer area(s) shall be closed to all construction
personnel and equipment until the adults and young are no longer reliant on the nest site. A qualified biologist shall confirm that breeding/nesting is completed, and young have fledged the nest prior to removal of the buffer. A report of these preconstruction nesting bird surveys shall be submitted to the City to document compliance within 30 days of its completion.
Sudden Oak Death. A qualified biologist shall inspect all nursery plants used in restoration for sudden oak death. Nursery plants selected for restoration shall be purchased from a nursery that is in compliance with annual inspections under 7 CFR 301.92, et seq. for sudden oak death. Vegetation debris shall be disposed of properly and vehicles and equipment shall be free of soil and vegetation debris before entering natural habitats. Pruning tools shall be sanitized.
Existing land uses in the City consist of a variety of primarily single-family residential, the Downtown (consisting of commercial, office, institutional, and multi-family residential), and open space, watershed, and utility land holdings (East Bay Municipal Utility District and Pacific Gas and Electric Company).
East Bay Municipal Utility District (EBMUD) owns Wagner Ranch, and manages the Siesta Valley watershed sub-basin Recreation Area, which is a 29,000-acre park adjacent to downtown Orinda that includes hiking trails, such as the De Laveaga Trail and Lamorinda Trail, a seasonal open-air theatre (Cal Shakes), and picnic areas. The De Laveaga Trailhead is located on Camino Pablo Road near the intersection with Santa Maria Way along the western edge of downtown Orinda. The Lamorinda Trail can be entered along Moraga Way, Bryant Way, Davis Road, or from the Orinda BART station, and connects Orinda, Moraga, and Lafayette. While Wagner Ranch is owned by EMBUD, OUSD manages a nature area adjacent to Wagner Ranch Elementary School.
As shown in Figure 4.10-2, parks throughout the city, namely parks closest to the DPP area such as Orinda Community Park, Pine Grove Park, the eastern section of the Siesta Valley watershed subbasin Recreation Area, and small pocket parks (i.e., small urban parks accessible to the general public) would be most impacted by new residents of the DPP Sites. All of the DPP sites are within 0.5 mile of an existing park, either Orinda Community Park to the north, Siesta Valley watershed subbasin Recreation Area to the west, or Pine Grove Park to the east, and none are located more than 1 mile away. Development facilitated by the DPP would decrease the City’s parkland ratio from 8.4 acres per 1,000 residents to 6.9 acres per 1,000 residents.
Village Grove – Siesta Valley Trail: Work with EBMUD to explore the construction of a trail from the Gateway Boulevard/SR 24 ramp to the De Laveaga Trail.
Page 6-28 of the Draft EIR is revised as follows:
The BART B Station Site proposed as part of Alternatives 2 and 3 is on land with a landslide susceptibility class 10 designation. This means this area is highly susceptible to landslides. Future construction on the sites under Alternative 2 or 3 would be required to comply with California Building Code requirements and to implement General Plan goals and policies, ensuring the stability of new structures during seismic events or due to unstable or expansive soils such as those that are present on the BART Station B site.
Additional Revisions
During the course of reviewing the document after publication of the Draft EIR, the City found errors in the text of Mitigation Measures AQ-1, AQ-3, BIO-1, BIO-7, and TRA-2. The language has been amended to clarify the mitigation measure. Added text is indicated with underlined and deleted text is indicated with strikeout. None of these changes would warrant recirculation of the EIR pursuant to CEQA Guidelines Section 15088.5.
Mitigation Measure AQ-1: Individual Air Quality Analysis For individual projects subject to CEQA that do not meet the BAAQMD construction and/or operational screening criteria under Table 4.2-3, individual air quality analysis shall be conducted to determine project significance. Where individual projects exceed BAAQMD significance thresholds detailed under Table 4.2-4, mitigation measures shall be incorporated to reduce emissions to below thresholds or to the furthest extent possible. Construction mitigation measures may include, but are not limited to, incorporation of Tier 4 and/or alternative fueled equipment, use of onsite power sources instead of generators, and use of low/no-VOC content architectural coatings. Operational mitigation measures may include, but are not limited to, increased incorporation of PV beyond regulatory requirements, increased incorporation of EV charging stations and/or infrastructure beyond regulatory requirements, incorporation of a development wide, ride-share system, or elimination of natural gas usage within residential developments. Individual project analysis and accompanying emission-reduction measures shall be approved by the City and/or BAAQMD prior to issuance of a permit to construct or permit to operate.
Mitigation Measure AQ-3 Construction Health Risk Assessment For individual projects where construction activities would occur within 1,000 feet of sensitive receptors, would use diesel equipment for longer than two months and would not utilize Tier 4 and/or alternative fuel construction equipment, a construction health risk assessment (HRA) shall be prepared. If an HRA is to be prepared, the HRA shall determine potential risk and compare the risk to the following BAAQMD thresholds: Non-compliance with Qualified Community Risk Reduction Plan; Increased cancer risk of > 10.0 in a million; Increased non-cancer risk of > 1.0 Hazard Index (Chronic or Acute); or Ambient PM2.5 increase of > 0.3 µg/m3 annual average
If risk exceeds the thresholds, measures such as requiring the use of Tier 4 and/or alternative fuel construction equipment shall be incorporated to reduce the risk to below the threshold appropriate levels.
Mitigation Measure BIO-1 Biological Resources Screening and Assessment For projects within Housing Element Sites HE-2, 3, 4, and 5 that would require grading or vegetation trimming or removal, the project applicant shall hire a qualified biologist to perform a preliminary biological resources screening, for the City’s review and approval, to determine whether the project has the potential to impact special status biological resources, inclusive of special status plants and animals, sensitive vegetation communities, jurisdictional waters (including creeks, drainages, streams, ponds, vernal pools, riparian areas and other wetlands), critical habitat, wildlife movement area, or biological resources protected under local or regional ordinances or an existing HCP or NCCP. If it is determined that the project has no potential to impact biological resources, no further action is required. If the project would have the potential to impact biological resources, prior to construction, a qualified biologist shall conduct a project-specific biological analysis to document the existing biological resources within a project footprint plus a minimum buffer of 50 feet around the project footprint, as is feasible, and to determine the potential impacts to those resources, as approved by the City. The project-specific biological analysis shall evaluate the potential for impacts to all biological resources including, but not limited to special status species, nesting birds, wildlife movement, sensitive plant communities, critical habitats, and other resources judged to be sensitive by local, State, and/or federal agencies. If the project would have the potential to impact these resources, mitigation measures BIO-2 through BIO-9 shall be incorporated and recommendations developed to enhance wildlife movement (e.g., installation of wildlife friendly fencing), as applicable, to reduce impacts to less than significant levels. Pending the results of the projectspecific biological analysis, City review, design alterations, further technical studies (e.g., protocol surveys) and consultations with the USFWS, NMFS, CDFW, and/or other local, State, and federal agencies may be required. Note that specific surveys described in the mitigation measures below may be completed as part of the project-specific biological analysis where suitable habitat is present.
BIO-7 Non-Listed Special Status Animal Species Avoidance and Minimization The project-specific biological analysis, for projects within Housing Element Sites HE-2, 3, 4, and 5, shall identify some or all of the following measures that will be required and applicable to the individual project: For non-listed special status terrestrial amphibians and reptiles, a qualified biologist shall complete coverboard surveys within three months of the start of construction. The coverboards shall be at least 4 feet by 4 feet and constructed of untreated plywood placed flat on the ground. The coverboards shall be checked by a qualified biologist once per week for each week after placement up until the start of vegetation removal. All non-listed special status and common animals found under the coverboards shall be captured and placed in five-gallon buckets for transportation to relocation sites. All relocation sites shall be reviewed by the qualified biologist and shall consist of suitable habitat. Relocation sites shall be as close to the
capture site as possible but far enough away to ensure the animal(s) is not harmed by construction of the project. Relocation shall occur on the same day as capture. CNDDB Field
Survey Forms shall be submitted to the CFDW for all special status animal species observed. Prior to construction, a qualified biologist shall conduct a survey of existing buildings to determine if bats are present. The survey shall be conducted during the non-breeding season (November through March). The biologist shall have access to all structures and interior attics, as needed. If a colony of bats is found roosting in any structure, further surveys shall be conducted sufficient to determine the species present and the type of roost (day, night, maternity, etc.). If bats are roosting in the building during the daytime but are not part of an active maternity colony, then exclusion measures must include one-way valves that allow bats to get out but are designed so that the bats may not re-enter the structure. Maternal bat colonies shall not be disturbed. A qualified biologist shall complete pre-construction clearance surveys within 14 days of the start of construction (including staging and mobilization). The surveys shall cover the entire disturbance footprint plus a minimum 200-foot buffer, if feasible, and shall identify all special status animal species that may occur on-site. All non-listed special status species shall be relocated from the site either through direct capture or through passive exclusion. A report of the pre-construction survey shall be submitted to the City for their review and approval prior to the start of construction. A qualified biologist shall be present during all initial ground disturbing activities, including vegetation removal to recover special status animal species unearthed by construction activities. Project activities shall be restricted to daylight hours. Upon project completion, a qualified biologist shall prepare a Final Compliance Report documenting all compliance activities implemented for the project, including the preconstruction survey results. The report shall be submitted to the City within 30 days of project completion. If special status bat species may be present and impacted by the project, within 30 days of the start of construction a qualified biologist shall conduct a presence/absence surveys for special status bats in consultation with the CDFW and the City where suitable roosting habitat is present. Surveys shall be conducted using acoustic detectors and by searching tree cavities, crevices, and other areas where bats may roost. If active roosts are located, exclusion devices such as netting shall be installed to discourage bats from occupying the site. If a roost is determined by a qualified biologist to be used by a large number of bats (large hibernaculum), bat boxes shall be installed near the project site. The number of bat boxes installed will depend on the size of the hibernaculum and shall be determined through consultations with the CDFW.
If a maternity colony has become established, all construction activities shall be postponed within a 500-foot buffer around the maternity colony until it is determined by a qualified biologist that the young have dispersed. Once it has been determined that the roost is clear of bats, the roost shall be removed immediately upon approval from CDFW and the City.
Mitigation Measure TRA-2: Prepare Transportation Impact Analysis (TIA) (TA) Guidelines. These The City shall prepare guidelines are to be used to identify if a project will have a substantial adverse effect on on-site and/or off-site vehicular, bicycle, and pedestrian circulation and access to transit. At a minimum, the TIA TA guidelines shall include appropriate references to design guidelines and standards such as Caltrans Highway Design Manual and NACTO guidelines. The guidelines shall include LOS transportation operations and queueing analysis to ensure a project will not create potential adverse effects on driveways and the internal and external roadway network. In addition, the transportation appendix has been revised to reflect this same text change and is provided as Appendix TRA-REV.
