4.14-1 This Chapter Describes Potential

4.14 UTILITIES AND SERVICE SYSTEMS

This chapter describes potential impacts from the proposed Project on utilities and services including sanitary wastewater, water supply, stormwater drainage, solid waste, and energy conservation. The following service providers serve the Project site and surrounding area: Central Contra Costa Sani- tary District (wastewater), East Bay Municipal Utilities District (water), Cen- tral Contra Costa Solid Waste Authority (solid waste), and the Pacific Gas and Electric Company (electric and natural gas). Correspondence and information provided from these service providers are included in Appendix L of this Draft EIR.

A. Wastewater

The Central Contra Costa Sanitary District (CCCSD) provides wastewater collection and treatment service for the Project site. This section describes the existing conditions and potential impacts of the Project with regard to wastewater collection and treatment facilities.

1. Regulatory Framework a. Federal Regulations i. Clean Water Act The Federal Water Pollution Control Act of 1972, more commonly known as the Clean Water Act (CWA), regulates the discharge of pollutants into wa- tersheds throughout the nation. Under the CWA, the United States Envi- ronmental Protection Agency (EPA) implements pollution control programs and sets wastewater standards.

ii. National Pollutant Discharge Elimination System (NPDES) The National Pollutant Discharge Elimination System (NPDES) permit program was established in the Clean Water Act to regulate municipal and industrial discharges to surface waters of the United States. Federal NPDES permit regulations have been established for broad categories of discharges, including point-source municipal waste discharges and nonpoint-source stormwater runoff. NPDES permits generally identify effluent and receiving water limits on allowable concentrations and/or mass emissions of pollutants contained in

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the discharge; prohibitions on discharges not specifically allowed under the permit; and provisions that describe required actions by the discharger, including industrial pretreatment, pollution prevention, self-monitoring, and other activities.

Wastewater discharge is regulated under the NPDES permit program for di- rect discharges into receiving waters and by the National Pretreatment Pro- gram for indirect discharges to a sewage treatment plant. b. State Regulations and Agencies Wastewater treatment and planning is regulated at the State level. Specific regulations relevant to the proposed Project are described below. i. San Francisco Bay Regional Water Quality Control Board The San Francisco Bay Regional Water Quality Control Board (RWQCB) is the local division of the State Water Resources Control Board (SWRCB). The SWRCB is a State department that provides a definitive program of actions designed to preserve and enhance water quality and to protect beneficial uses of water in California. The San Francisco Bay RWQCB issues NPDES permits in Lafayette. NPDES permits allow the RWQCB to collect information on where the waste is disposed, what type of waste is being disposed, and what entity is depositing the wastes. The RWQCB is also charged with conducting inspections of permitted discharges and monitoring permit compliance. ii. Sanitary District Act of 1923 The Sanitary District Act of 1923 (Health and Safety Code Section 6400 et seq.) authorizes the formation of sanitation districts and enforces the Districts to construct, operate, and maintain facilities for the collection, treatment, and disposal of wastewater.1 The Act was amended in 1949 to allow the Districts to also provide solid waste management and disposal services, including refuse transfer and resource recovery.

1 California Health and Safety Code, http://leginfo.ca.gov/cgi-bin/ calawquery?codesection=hsc, accessed on November 18, 2011.

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c. Local Regulations i. Central Contra Costa Sanitary District The CCCSD, established in 1946, collects and treats the wastewater of 462,000 residents and more than 5,000 businesses in 11 cities in central Contra Costa County, including the City of Lafayette.2

a) Standard Specifications for Design and Construction The CCCSD established and enforces the Standard Specifications for Design and Construction (Specifications), pursuant to Division 6, Part 1, of the Health and Safety Code of the state of California. The Specifications govern sewer design and construction work by private individuals, public agencies and businesses within the boundaries of the CCCSD. The Specifications require all Plans, profiles, cut sheets, right-of-way documents, and specifications to conform to the established standards and requirements.3

b) Capacity Fee Program The purpose of the Capacity Fee Program is to equalize the investment in District assets among current and new users, thus ensuring that new users pay their fair share for facilities capacity and services. On May 5, 2011, the CCCSD adopted the revised schedule of capacity fees, rates, and charges in accordance with District Code Chapter 6.12. The capacity fees are included in sewer connection fees, which are required when building plumbing facilities are connected to the CCCSD public sewer system. The type of user (i.e. residential or commercial) determines the fees required to pay when connecting to the public sewer system.4

2 Central Contra Costa Sanitary District, http://www.centralsan.org /index.cfm?navId=63, accessed on November 18, 2011. 3 Central Contra Costa Sanitary District, 2011. Standard Specifications for De- sign and Construction 2011 edition. 4 Central Contra Costa Sanitary District, May, 2011. Ordinance No. 265, http://www.centralsan.org/documents/Ord_265.pdf, accessed on November 28, 2011.

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ii. City of Lafayette General Plan Goals and policies from the Lafayette General Plan that are relevant to wastewater are included in Table 4.14-1.

2. Existing Conditions The CCCSD is responsible for wastewater collection, treatment, and disposal for the City of Lafayette. a. Wastewater (Sewer) Collection The CCCSD maintains the sewer system in Lafayette, including the infrastructure in the vicinity of the Project site. An 8-inch diameter public main sewer is located along the easternmost 260 feet of the site’s Deer Hill Road frontage, and a 6-inch diameter public main sewer is located along the northernmost 292 feet of the site’s Pleasant Hill Road frontage.

The CCCSD has projected wastewater flows for future development in Lafa- yette and has identified facility improvements required to maintain service at or above the required level in its Collection System and Treatment Master Plans.5 According to the CCCSD Collection System Master Plan, which was updated in 2010, one of these areas is the Lafayette - Pleasant Hill Road (Cor- ridor D4-B), located adjacent to the Project site on Pleasant Hill Road between Springhill Road and Stanley Boulevard.6 All areas identified as in need of improvement were ranked from one to four in order of priority based on the length of deficient pipe and length of pipe where flows would exceed 130 percent of full capacity.7 Priority 1 largely represents areas that are deficient in the near term (e.g. 2010). D4-B is a Priority 1 area and is recommended for

5 City of Lafayette, July, 2002, Lafayette General Plan Revision, Draft Environ- mental Impact Report. 6 Central Contra Costa County Sanitary District, May 2010, Collection System Master Plan Update Final Report, Figure 5-8. 7 Central Contra Costa County Sanitary District, May 2010, Collection System Master Plan Update Final Report, Figure ES-4.

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TABLE 4.14-1 GENERAL PLAN GOALS AND POLICIES RELEVANT TO WASTEWATER

est public benefit and the least degree of environmental impact. Match the demand for public facilities and infrastructure generated by Goal LU-20 new development with the capacity of existing facilities, capital improvement programs, and development mitigation programs. Sewage Treatment and Disposal: Coordinate planning with the Central Contra Costa Sanitary District for the continued availability of adequate sewage collection, treatment, and disposal facilities Policy LU-20.6 to meet the needs of future development. The standard for review shall be the capability to transport and treat residential and non- residential waste, as indicated by the Central Contra Costa Sanitary District. Source: Lafayette General Plan, 2002, available at http://www.ci.lafayette.ca.us, accessed on October 5, 2011.

improvements such as the addition of 4,829 feet in new pipe length and use of 15 to 18-inch diameter pipe.8

Improvements are prioritized and scheduled annually in the CCCSD’s Capi- tal Improvement Budget and Ten-Year Capital Improvement Plan. Funding for maintenance and upgrade of existing facilities comes from property taxes and a portion of the CCCSD’s annual Sewer Service Charge. Improvements required as a result of new development are funded from fees and charges ap-

8 Central Contra Costa County Sanitary District, May 2010, Collection System Master Plan Update Final Report, page x.

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plicable to all new development at the time of connection to the sewer system.9 b. Wastewater (Sewer) Treatment and Disposal The CCCSD’s wastewater treatment plant is located near the Interstate 680/State Route 4 interchange in unincorporated Martinez, from which the CCCSD has a permit to discharge treated wastewater into Suisun Bay. The CCCSD is operating under an NPDES permit and has complied 100 percent with the discharge limits for nine straight years as of 2008.10 The CCCSD’s current discharge permit allows an average dry weather flow rate of 53.8 million gallons per day (MGD) based on a secondary level of treatment. The actual average dry weather flow rate in the year 2010 was 33.5 MGD.11

As described above, developers must adhere to the CCCSD’s Standard Speci- fications for Design and Construction. The collection system can accommodate projects with up to 50 units. However for larger projects, the CCCSD conducts an analysis of downstream collector ability to absorb increased flows.12

3. Standards of Significance Wastewater impacts associated with the proposed Project would be considered significant if the Project would: a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board.

9 City of Lafayette, July, 2002, Lafayette General Plan Revision, Draft Environ- mental Impact Report. 10 Dudek, 2008. Final Water and Wastewater Services Municipal Services Review for Central Contra Costa County, page 5-5. 11 Leavitt, Russell, Engineering Assistant III, Central Contra Costa Sanitary District. Personal communication with The Planning Center | DC&E, October 19, 2011. 12 City of Lafayette, 2002, Lafayette General Plan Revision, Draft Environmental Impact Report.

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b. Require or result in the construction of new wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. c. Result in a determination by the wastewater treatment provider which serves or may serve the Project that it has inadequate capacity to serve the Project’s projected demand in addition to the provider’s existing commitments.

4. Impact Discussion a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board. Sanitary wastewater treatment requirements are established in the NPDES Permit issued by the San Francisco RWQCB. The permit also sets out a framework for compliance and enforcement. As the discharger named in the Permit, the CCCSD implements and enforces a pretreatment program for effluent discharged into Suisun Bay. The CCCSD also complies with the RWQCB Monitoring and Reporting Program and administers a Pollutant Minimization Program for ongoing reductions in pollutant loadings to the treatment plant and the receiving waters.13 The Project, a residential development, would not involve industry that is likely to substantially increase pollutant loading levels in the sanitary sewer system. Therefore, construction of the Project is not expected to exceed treatment standards established by the RWQCB and impacts to sanitary wastewater quality would be less than significant. b. Require or result in the construction of new wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. As shown on the Project’s preliminary civil engineering plans, included in Appendix E, new sanitary sewer lines installed on the Project site would con-

13 The discharge of sanitary sewer for the new development in the Project site would be treated at the CCCSD plant and thereby subject to the provisions of the NPDES permit.

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nect to an existing CCCSD 8-inch sewer line near the east Project driveway on Deer Hill Road, and 6-inch sewer line on Pleasant Hill Road. Installation of these new on-site wastewater lines would occur during the construction phase.

Based on the APO zoning designation, the proposed Project would generate 59 percent fewer residential units than permitted under the City’s current zoning (315 residential units versus 779 residential units) assumed for the Pro- ject site in City’s General Plan. As mentioned earlier, the CCCSD Collection Master Plan’s five-year event, which determines the need for capital improvements, and the 20-year event analysis, which determines the necessary sizing for sewer improvements and the need for new or expanded treatment facilities, utilized land use assumptions based, in part, on General Plan projections. Therefore, the Project, by being within General Plan projections, is also within the capacity estimates used by CCCSD to determine future capacity. Accordingly, any off-site improvements required by the CCCSD have been accounted for in their recently updated CCCSD Collection System Mas- ter Plan. See the response to criteria c) below for additional information on Project wastewater volumes versus capacity.

The CCCSD’s capacity study for the sewer system in the vicinity of the proposed Project determined if the existing sewer system in the vicinity was adequate for the additional wastewater, which would be generated by the proposed Project.14 The findings indicate that the collection system immediately downstream of the Project site has sufficient capacity to accommodate the Project and other anticipated growth. The CCCSD facilities farther downstream, however, do not have adequate flow carrying capacity under the CCCSD’s current design criteria for ultimate conditions. As such, improvements to correct the deficiencies are or will be included in the CCCSD’s Cap-

14 Leavitt, Russell, Engineering Assistant III, Central Contra Costa Sanitary District. Personal communication with The Planning Center | DC&E, October 19, 2011.

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ital Improvement Plan.15 Improvements to the CCCSD’s existing facilities that are required as a result of new development will be funded from the applicable CCCSD fees and charges. The Project developer, as with all new connections, would be required to pay these fees and charges at the time of connection to the sewer system. As a result, there would be a less-than- significant impact on wastewater treatment facilities. c. Result in a determination by the wastewater treatment provider which serves or may serve the Project that it has inadequate capacity to serve the Project’s projected demand in addition to the provider’s existing commitments. Buildout of the Project would result in the construction of 315 residential units, 950 square feet of office, and 13,300 square feet of recreational space. Based on a design flow of 105 gallons per day (GPD) per unit for residential multi-family dwellings, the 315-unit Project would generate 33,075 gallons of wastewater per day (or approximately 0.033 MGD).16 Added to existing average demand of 33.5 MGD, this demand would not exceed the CCCSD treatment plant’s existing capacity of 53.8 MGD average dry weather flow.

The 53.8 MGD treatment plant capacity is sufficient for the proposed Project and should be adequate for the next several decades, based upon expected connection rates to the CCCSD’s collection system.17 Therefore, based on the above information, the Project would have a less-than-significant impact on wastewater collection, treatment, and disposal services.

15 Leavitt, Russell, Engineering Assistant III, Central Contra Costa Sanitary District. Personal communication with The Planning Center | DC&E, October 19, 2011. 16 Leavitt, Russell, Engineering Assistant III, Central Contra Costa Sanitary District. Personal communication with The Planning Center | DC&E, October 19, 2011. 17 Leavitt, Russell, Engineering Assistant III, Central Contra Costa Sanitary District. Personal communication with The Planning Center | DC&E, October 19, 2011.

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5. Cumulative Impacts This section analyzes potential impacts to sanitary wastewater that could occur from the proposed Project in combination with reasonably foreseeable growth in the CCCSD service area. Implementation of the Project in combination with the related projects in Table 4-1 in Chapter 4 would further increase demands on wastewater infrastructure and treatment capacity. As shown in Table 4.14-2, the Project and the six related projects would generate wastewater at an average daily rate of approximately 0.068 MGD.

Cumulative impacts would occur if construction of the proposed Project, in combination with other past, present, and reasonably foreseeable projects, would exceed the wastewater treatment requirements of the San Francisco RWQCB; require or result in the construction of new wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects.; or result in a determination by the wastewater treatment provider which serves or may serve the Project that it does not have adequate capacity to serve the Project’s projected demand in addition to the provider’s existing commitments.

As previously stated, the San Francisco RWQCB enforces waste discharge requirements for the CCCSD’s service area. Similar to the Project site, the related projects are not served by private on-site wastewater treatment systems but instead would convey wastewater via municipal sewage infrastructure maintained by CCCSD and therefore subject to the State’s wastewater treatment requirements. Consequently, wastewater from the related project sites is, and would continue to be, treated according to the wastewater treatment requirements enforced by the San Francisco RWQCB. Therefore, the combined projects would not exceed wastewater treatment requirements, and cumulative impacts to sanitary wastewater quality would be less than significant.

The potential need for the six related projects to require the construction or expansion of a new wastewater facility has been addressed in the CCCSD

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TABLE 4.14-2 ESTIMATED WASTEWATER GENERATION FOR PROJECT WITH FORESEEABLE GROWTH IN THE CCCSD SERVICE AREA

Generation Total Gallons Project Units Ratea Per day Proposed Project 315 units 105 gpd/unit 33,075

Woodbury 65 units 105 gpd/unit 6,825

Town Center III 81 units 105 gpd/unit 8,505

72 units 105 gpd/unit 7,560 Merrill Gardens at Lafayetteb 6,000 sf retail space 100 gpd/1,000 sf 600

Eden Housing 46 units 105 gpd/unit 4,830 23 single-family Lafayette Townhomes 195 gpd/unit 4,485 residential units Lafayette Park Terrace 18 units 105 gpd/unit 1,890

Total 617 units 67,770 gpd a CCCSD, May, 2010, ES-3, Design Flows, Collection System Master Plan Update, page 14, http://www.centralsan.org/documents/Col_System_Master_Plan_Update.pdf, accessed on No- vember 28, 2011. b 17 beds in the Merrill Garden project were not included in this estimate. Source: City of Lafayette Staff, Ann Merideth, October 20, 2011.

Collection System and Treatment Master Plans. As discussed above, the CCCSD Collection Master Plan’s five-year event, which determines the need for capital improvements, and the 20-year event analysis, which determines the necessary sizing for sewer improvements and the need for new or expanded treatment facilities, utilized land use assumptions based, in part, on Gen- eral Plan. Therefore, the related projects, by being within General Plan projections, are also within the capacity estimates used by CCCSD to determine future capacity.

Required upgrades to the CCCSD collection system’s infrastructure in order to accommodate wastewater generated by the related projects is site-specific

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due to their location, and there is little, if any, cumulative relationship between the development of the Project and the related projects. As discussed above, improvements to correct the deficiencies are or will be included in the CCCSD’s Capital Improvement Plan. Improvements to the CCCSD’s existing facilities that are required as a result of new development will be funded from the applicable CCCSD fees and charges. Similar to the Project, all new connections would be required to pay these fees and charges at the time of connection to the sewer system. As a result, there would be a less-than- significant cumulative impact on wastewater treatment facilities.

Some of the related projects consist of redevelopment that would result in the elimination of existing wastewater generation patterns at these sites. Thus, the total amount of wastewater generation shown in Table 4.14-2 is likely overstated. Nonetheless, the addition of 0.068 MGD to the existing average demand of 33.5 MGD would not exceed the CCCSD treatment plant’s existing capacity of 53.8 MGD average dry weather flow. Construction of the Project would increase the volume of wastewater for treatment at the CCCSD facility in Martinez; however, as the Project’s increase represents only approximately 0.002 percent of available treatment capacity18 it would not be cumulatively considerable. Accordingly, overall cumulative impacts to wastewater treatment capacity and infrastructure would be less than significant.

6. Impacts and Mitigation Measures The proposed Project would not result in any significant impacts to wastewater services; therefore, no mitigation measures are necessary.

B. Water Supply

The Project site is located within the East Bay Municipal Utility District’s (EBMUD) service area. This section describes existing conditions and poten-

18 Available treatment capacity is 14.7 MGD (53.8 MGD dry weather capacity – 33.5 MDG average daily dry weather flow = 20.3 MGD).

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tial impacts of the Project with regard to local water supply, treatment, and distribution.

1. Regulatory Framework This section describes the federal, State and local regulations that provide for protection and management of water resources and services in the United States and California. a. Federal Regulations There are no federal regulations regarding water supply services that are applicable to the proposed Project. b. State Regulations and Agencies i. California Department of Water Resources Water supply and distribution planning is regulated at the State level. The California Department of Water Resources (DWR) manages the water resources of California in cooperation with other agencies, to benefit the State's people, and to protect, restore, and enhance the natural and human environ- ments. Specific regulations relevant to the Project are described below. ii. Urban Water Management Planning Act Through the Urban Water Management Act of 1983, the California Water Code Division 6, Part 2.6, requires all urban water suppliers within California to prepare and adopt an Urban Water Management Plan (UWMP) and update it every five years. This requirement applies to all suppliers providing water to more than 3,000 customers or supplying more than 3,000 acre-feet19 of water annually. This Act is intended to support conservation and efficient use of urban water supplies at the local level. The Act requires that total projected water use be compared to water supply sources over the next 20 years in five year increments, that planning occur for single and multiple dry water years and that plans include a water recycling analysis that incorporates a de- scription of the wastewater collection and treatment system within the agen-

19 One acre-foot is equal to approximately 325,821 gallons.

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cy’s service area along with current and potential recycled water uses.20 The Project site is within the boundaries of the East Bay Municipal Utilities Dis- trict (EBMUD) Urban Water Management Plan (UWMP), which was adopted on June 28, 2011.21 The 2010 UWMP is discussed below under the local regulations of the EBMUD.

iii. Groundwater Management Act The Groundwater Management Act of the California Water Code (AB 3030) provides guidance for applicable local agencies to develop a voluntary Groundwater Management Plan (GMP) in State-designated groundwater ba- sins. AB 3030 provides local water agencies with procedures to develop a groundwater management plan so those agencies can manage their groundwater resources efficiently and safely while protecting the quality of supplies. Once a plan is adopted, the rules and regulations contained therein must also be adopted to implement the program outlined in the plan. GMPs can allow agencies to raise revenue to pay for measures influencing the management of the basin, including extraction, recharge, conveyance, facilities’ maintenance, and water quality.22

Groundwater from the South East Bay Plain Groundwater Basin (SEBPB) is available only to a limited extent as part of the implementation of the injec- tion/extraction system associated with the EBMUD’s Bayside Groundwater Facility, which became operational in 2010. The Bayside Groundwater Facil- ity is designed to yield 2 million gallons per day (MGD) over a 6-month period, resulting in an average annual production capacity of 1 MGD or 1,120 acre-feet per year (AFY), and will supply water to EBMUD customers only

20 Department of Water Resources, Urban Water Management Planning Pro- gram website: http://www.owue.water.ca.gov/urbanplan/index.cfm, accessed Sep- tember 9, 2011. 21 East Bay Municipal Utility District, 2010 Urban Water Management Plan, page 1-2. 22 California Department of Water Resources Website: http://www.water.ca.gov/groundwater/gwmanagement/ab_3030.cfm. retrieved Sep- tember 9, 2011.

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when supplemental water is needed because of drought conditions. The native groundwater of the SEBPB is not available as a significant source of water to EBMUD. However, because it is possible that some extractions may include native groundwater, which will subsequently be treated, EBMUD has started the process for preparing a Groundwater Management Plan (GMP) for the SEBPB, but EBMUD has not yet adopted a groundwater management.23 The GMP would be prepared in collaboration with local stakeholders as a tool to manage basin water quality and quantity.24 iv. The Water Conservation Act of 2009 (Senate Bill x7-7 (2009))25 Senate Bill x7-7 (SB-x7-7) requires all water suppliers to increase water use efficiency. SB-x7-7 mandates the reduction of per capita water use and agri- cultural water use throughout the state by 20 percent by 2020. v. The Water Conservation in Landscaping Act of 2006 (Assembly Bill 1881)26 Assembly Bill 1881 requires cities and counties (including charter cities and counties) to adopt landscape water conservation ordinances by January 31, 2010 or to adopt a different ordinance that is at least as effective in conserving water as the California Updated Model Water Efficient Landscape Ordinance that went into effect in October 2009.27 Until such time as the City's amendments are complete, the provisions of the Updated Model Landscape Ordinance are in effect.28 While it is the City’s intent to develop a water con-

23 East Bay Municipal Utility District, 2010 Urban Water Management Plan, page 2-17. 24 East Bay Municipal Utility District, 2010 Urban Water Management Plan, page 2-19. 25 California Department of Water Resources, http://www.water.ca.gov/wateruseefficiency/sb7/, accessed January 13, 2012. 26 California Department of Water Resources, http://www.water.ca.gov/wateruseefficiency/landscapeordinance/, accessed January 13, 2012. 27 Division 2, Title 23, California Code of Regulations, Chapter 2.7, Sections 490 through 495 28 AquaSave, AB1881, http://aquasave.us/ab1881.html, accessed on December 28, 2011.

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servation program as identified in the City’s General Plan Policy OS-8.1, according to the DWR, the City has not adopted a landscape water conservation ordinance.29 The ordinance is currently scheduled for adoption by the end of 2012. Accordingly, the standards set forth in the Updated Model Landscape Ordinance would apply to the Project. c. Local Regulations and Agencies i. East Bay Municipal Utilities District Updated every five years in accordance with California’s Urban Water Man- agement Planning Act, the EBMUD’s Urban Water Management Plan (UWMP) provides an overview of EBMUD's water supply sources and usage, recycled water, and conservation programs. The most recently adopted plan is the 2010 UWMP. In October 2009, the EBMUD Board of Directors approved the Water Supply Management Program 2040 (WSMP 2040). How- ever, its CEQA analysis was challenged in court in April, 2011, resulting in preparing a supplemental Program EIR (PEIR), which will revise its 2009 PEIR for the WSMP 2040.30 ii. Water Conservation Measures and Programs Section 31 of EBMUD’s Water Service Regulations requires that water service shall not be furnished for new or expanded service unless all the applicable water-efficient measures described in the regulation are installed at the Project sponsor’s expense. The EBMUD requests the City of Lafayette include in its conditions of project approvals a requirement that all new development comply with the California Model Water Efficient Landscape Ordinance (Divi- sion 2, Title 23, California Code of Regulations, Chapter 2.7, Sections 490 through 495).

29 California Department of Water Resources, ftp://ftp.water.ca.gov/Model- Water-Efficient-Landscape-Ordinance/Local-Ordinances/ accessed on January 13, 2012. 30 East Bay Municipal Utility District (EBMUD), Water Supply Management Program 2040. http://www.ebmud.com/our-water/water-supply/long-term- planning/water-supply-management-program-2040, accessed on November 28, 2011.

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iii. Low Pressure Service Agreement Section 8-A of EBMUD’s Water Service Regulations requires a Low Pressure Service Agreement for all new development that would be located at an elevation of less than 100 feet below the overflow level of the reservoir providing water supply service. A Low Pressure Service Agreement recommends installation and maintenance of individual storage and pumping facilities (hy- dropnuematic system) and associated plumbing to ensure an adequate water supply at the premises at all times, and will be at the applicant’s own risk and expense.31 iv. EBMUD’s Procedure 718 — Raw Water Aqueduct Right-of-Way Non- Aqueduct Uses The EBMUD established procedures for review and authorization of surface and sub-surface use of EBMUD-owned property containing raw water aqueducts for non-Aqueduct uses. All new development applicants must adhere to EBMUD’s requirements not to impede the EBMUD’s ability to maintain the aqueducts. Procedure 718 also indicates that use, development, and control of fee-owned rights-of-way for EBMUD and non-EBMUD uses are required to conform to Policy 7.01, Aqueduct Rights-of-Way Maintenance, to be permitted. The Water Supply Division is responsible for collecting fees, providing information, and monitoring permitted uses.32 v. City of Lafayette General Plan Goals and policies from the Lafayette General Plan that are relevant to water supply are listed in Table 4.14-3.

2. Existing Conditions The EBMUD is the water provider to the City of Lafayette, including the Project site. The EBMUD’s Colorado Pressure Zone, with a service elevation

31 East Bay Municipal Utility District, Section 8-A – Low Pressure Service, http://ebmud.com/sites/default/files/pdfs/low_pressure_service.pdf, accessed on November 29, 2011. 32 East Bay Municipal Utility District, Procedure 718 — Raw Water Aqueduct Right-of-Way Non-Aqueduct Uses.

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TABLE 4.14-3 GENERAL PLAN GOALS AND POLICIES RELEVANT TO WATER SUPPLY

sufficient water to all residents and businesses in the City, as indicated by EBMUD. Source: Lafayette General Plan, 2002, available at http://www.ci.lafayette.ca.us, accessed on October 5, 2011.

between 250 and 450 feet, would serve the proposed Project. Depending on the final elevations of the development, portions of the development located above 450 feet would require a Low Pressure Service Agreement, as described above.

The EBMUD’s Lafayette No.1 and No. 2 Aqueducts (Aqueducts), located in two 30-foot-wide easements, traverse through the northern portion of the Project site.33 These Aqueducts transport and divert raw water to the EB- MUD’s water treatment plants and terminal reservoirs and provides water service to approximately one million people including the City of Lafayette.

33 Rehnstrom, David, Senior Civil Engineer, Water Service Planning, East Bay Municipal Utility District. Personal communication with The Planning Center | DC&E, October 18, 2011.

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The integrity of these Aqueducts must be maintained at all times and any proposed construction techniques for the proposed Project must not impact or impede the EBMUD’s ability to operate and maintain the Aqueducts. The Project sponsor must adhere to the EBMUD’s requirements on use of the right-of-way described in the EBMUD’s Procedure 718 — Raw Water Aque- duct Right-of-Way Non-Aqueduct Uses, where applicable.34

The Aqueducts at the Project site are referred to as the Pleasant Hill Tunnels. These tunnels are located in a “sub-surface tunnel easement only,” which does not extend to the surface and would not restrict development on the Project site, provided that the proposed development would not interfere with, dam- age or endanger the tunnels, or the aqueducts themselves. Additionally, the EBMUD must be able to reach the Aqueducts from either end of the tunnel for operation and maintenance. a. Water Supply The EBMUD provides wholesale water, retail water, wastewater collection, and wastewater treatment services for an area of approximately 331 square miles in Contra Costa and Alameda counties. The EBMUD serves a population of approximately 1.3 million people within the two-county service area. The EBMUD’s water supply originates primarily from the Mokelumne River on the west slope of the Sierra Nevada and is stored at the Pardee Reservoir about 80 miles northeast of Lafayette. About 90 percent of the water originates from the Mokelumne River watershed. The EBMUD has water rights for up to 325 million gallons daily (MGD) from the Mokelumne River, a total of 364,000 acre-feet (AF) per year.35 In addition, local runoff up to 151,670 AF can be stored in several terminal reservoirs for treatment and for emergency supplies. In a typical year with normal precipitation, the EBMUD uses

34 Rehnstrom, David, Senior Civil Engineer, Water Service Planning, East Bay Municipal Utility District. Personal communication with The Planning Center | DC&E, October 18, 2011. 35 Rehnstrom, David, Senior Civil Engineer, Water Service Planning, East Bay Municipal Utility District. Personal communication with The Planning Center | DC&E, October 18, 2011.

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15 to 25 MGD of water from local watershed runoff. In total, the EBMUD provides an average of 220 MGD in non-drought years.36 In dry years, enough water can be lost through evaporation to completely offset any water gained from local runoff. During times of drought or emergency, the EB- MUD has water rights for up to 100 MGD from the Sacramento River per EBMUD’s contract with the U.S. Bureau of Reclamation.37

The EBMUD’s water demand and supply is forecast in the Water Supply Management Program 2040 (WSMP 2040). The WSMP 2040 updates the EBMUD’s 1993 Water Supply Management Program and addresses dry-water needs through 2040. The WSMP 2040 projects a total of 50 MGD of future water supply to be available from conservation and recycled water. The EB- MUD’s water supplies shall be sufficient for the planning period, 2010 through 2040, in normal and wet years.38

The EBMUD determines its water supply availability each year according to the Water Supply Availability and Deficiency Policy, which sets a drought demand reduction limit of no more than 25 percent of total customer demand on an annual basis.39 The WSMP 2040 identifies and recommends solutions to meet dry-year water needs through 2040.40 A summary of the EBMUD’s water demand through 2040 is shown in Table 4.14-4.

36 East Bay Municipal Utility District (EBMUD), 2011. All About EBMUD, http://www.ebmud.com/sites/default/files/pdfs/All-About-EBMUD-2011.pdf, accessed on November 1, 2011. 37 Rehnstrom, David, Senior Civil Engineer, Water Service Planning, East Bay Municipal Utility District. Personal communication with The Planning Center | DC&E, October 18, 2011. 38 East Bay Municipal Utility District, 2009. Water Supply Management Pro- gram 2040, page 2-1. 39 East Bay Municipal Utility District, 2009. Water Supply Management Pro- gram 2040, page 3-19. 40 East Bay Municipal Utility District (EBMUD), 2009. Water Supply Man- agement Program 2040, page 2-1.

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TABLE 4.14-4 DISTRICT-WIDE ADJUSTED DEMAND PROJECTIONS (MGD)

2005 2010 2015 2020 2025 2030 2040 System Input 238 251 266 280 291 304 312 (Unadjusted) Cumulative Conservation -18 -25 -32 -40 -47 -55 -62 Cumulative Recycled -6 -10 -17 -19 -20 -20 -20 Water Total Demand 214 216 217 221 224 229 230 Source: East Bay Municipal District, 2009, Water Supply Management 2040, page 4-8.

The EBMUD’s water demand projections are derived from a land-use based approach using adopted general plans from the EBMUD’s service area, which includes Lafayette and its General Plan.41 The total water supply from the Pardee Reservoir and Camanche Reservoir of 325 MGD is sufficient to meet the total demand of 230 MGD through 2040. b. Water Treatment The EBMUD operates six water treatment plants (WTPs) to ensure the safety and quality of drinking water. Three of these are full conventional plants: the Upper San Leandro WTP, the San Pablo WTP and the Sobrante WTP. These receive water from the Upper San Leandro and San Pablo reservoirs, and serve the northern and southern parts of the EBMUD service area. In addition, there are three other in line filtration plants located in Walnut Creek, Lafayette, and Orinda.42

41 East Bay Municipal Utility District, 2009. Water Supply Management Pro- gram 2040, pages 4-2 to 4-3. 42 East Bay Municipal Utility District, 2009. Water Supply Management Pro- gram 2040, page 3-2.

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Together, the six plants can filter and process more than 375 million gallons of water daily.43 Water treated at the Lafayette WTP is distributed to the central part of the service area, including Lafayette and the Project site. The Lafayette Aqueducts supply water to the Lafayette WTP.

While sufficient to meet current daily needs for the service area as a whole, capacity constraints at some EBMUD WTPs make meeting peak demands difficult and upgrades are required to meet projected future demand.44 The EBMUD has developed the Water Treatment and Transmission Improve- ments Program to address this situation. Changes are scheduled at the Lafa- yette, Orinda, Walnut Creek, Upper San Leandro, and Sobrante WTPs, and the EBMUD Board of Directors certified an EIR for the Program in 2006.

Capacity constraints are particularly severe at the Lafayette WTP, located closest to the Project site. As shown in Table 4.14-5, the facility is currently not able to treat enough water to meet service area demand. The EBMUD board has authorized numerous improvements to increase capacity and improve reliability at the Lafayette WTP. These improvements include rebuilt filters providing better backwash capacity, a new blower building for more efficient combined air and water filter backwash, a new Backwash Water Re- cycle System, and two new clear wells to eliminate the hydraulic constraint on filter production.45 Work is expected to start in 2012 and be completed within 4 to 6 years. With these improvements, the expanded Lafayette WTP would be able to meet the forecasted future demand within the area it serves.

c. Water Storage and Distribution The EBMUD utilizes a system of dams and reservoirs for water storage, including the Pardee and Camanche Dams located approximately 80 miles

43 Contra Costa LAFCO, 2008. Water and Wastewater Municipal Services Re- view for West Contra Costa County. 44 East Bay Municipal Utilities District, 2006, Water Treatment and Transmis- sion Improvements (WTTI) Program Environmental Impact Report. 45 East Bay Municipal Utility District, 2006, Water Treatment and Transmission Improvements (WTTI) Program Environmental Impact Report.

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TABLE 4.14-5 LAFAYETTE CREEK WTP DEMANDS (MGD)

Current Maximum 2030 Forecast Water Treatment Plant Capacity Day Demands Demand Capacity Lafayette 25 31 34 Source: East Bay Municipal Utility District, 2006. EBMUD Water Treatment and Transmission Improvements Program Draft Environmental Impact Report, certified December 2006, page 2-18.

northeast of Lafayette. Water is conveyed from the Pardee Reservoir through a network of tunnels and aqueducts to treatment plants and terminal reservoirs in the East Bay. Water at the Project site is currently provided by the EBMUD, which operates and maintains below grade water supply lines.

Pardee Reservoir has a maximum storage capacity of 197,950 acre-feet and as of May 27, 2008 was holding 186,000 acre-feet of water. Therefore, as of 2008, the reservoir was at 94 percent of capacity. Camanche Reservoir has a storage capacity of 417,120 acre-feet and as of May 27, 2009 was holding 178,810 acre-feet of water in storage, which is 43 percent of capacity.46

Water is transported from Camanche Reservoir to the initial EBMUD water treatment plants, located in Walnut Creek. Any water not immediately treated and distributed is stored in one of five East Bay reservoirs. The combined maximum storage capacity of these reservoirs is 155,150 acre-feet. San Pablo Reservoir is the northernmost (located in Contra Costa County) and the Briones Reservoir is the largest (located outside of Orinda), and the others include Lafayette Reservoir (located in the southwest corner of Lafayette), Upper San Leandro Reservoir, and Chabot Reservoir (both located in Alame- da County).47

46 Contra Costa LAFCO, 2008. Water and Wastewater Municipal Services Re- view for West Contra Costa County. 47 East Bay Municipal Utility District (EBMUD), 2011. All About EBMUD, http://www.ebmud.com/sites/default/files/pdfs/All-About-EBMUD-2011.pdf, accessed on November 1, 2011.

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In 2011, the water distribution network included 4,100 miles of pipe, 140 pumping plants and 170 neighborhood reservoirs (tanks storing treated drinking water) with a total capacity of 830 million gallons. Average daily demand is approximately 220 MGD system wide. Average daily per capita consumption is 162 GPD.48

3. Standards of Significance Water supply impacts associated with the proposed Project would be considered significant if the Project would: a. Require or result in the construction of new water treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. b. Have insufficient water supplies available to serve the Project from existing entitlements and resources, thereby requiring new or expanded entitlements.

4. Impact Discussion a. Require or result in the construction of new water treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. As discussed above, EBMUD has developed the Water Treatment and Transmission Improvements (WTTI) Program to address water treatment capacity constraints in its service area. Under this program, the Lafayette WTP will be expanded and upgraded to allow it to meet forecasted future demand across a territory, which includes the Project site. Work is expected to start in 2012 and be completed within 4 to 6 years. As previously discussed, an EIR addressing the impact of this work was certified by the EB- MUD Board in 2006.

48 East Bay Municipal Utility District, 2011, All About EBMUD, http://www.ebmud.com/sites/default/files/pdfs/All-About-EBMUD-2011.pdf, accessed on November 1, 2011.

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According to the EBMUD, main extensions would be required at the Project applicant’s expense.49 As shown on the Project’s Water System Exhibit, new water supply lines would extend into existing 16-inch water lines at the proposed driveways on Deer Hill Road, and 8-inch and 12-inch water lines along Pleasant Hill Road.50 Installation of the water lines would occur as part of the finish grading and road layout phases of construction.

In conclusion, the Project would not require the construction of new facilities or the expansion of existing facilities that could result in significant physical impacts, over and above what is currently planned for the Lafayette WTP. As a result, the impact of the Project on water treatment facilities would be less than significant. b. Have insufficient water supplies available to serve the Project from existing entitlements and resources, thereby requiring new or expanded entitlements. The EBMUD’s water demand projections account for anticipated future water demands within EBMUD’s service boundaries, including the Project site, and for variations in demand-attributed changes in development pattern. As discussed above, the EBMUD has a total water right and capacity of 325 MGD from the Mokelumne River. This capacity exceeds the projected adjusted system demand through 2040 of 230 MGD shown in Table 4.14-4. As such, EBMUD anticipates sufficient water capacity for serving the proposed Project.51

49 Rehnstrom, David, Senior Civil Engineer, Water Service Planning, East Bay Municipal Utility District. Personal communication with The Planning Center | DC&E, October 18, 2011. 50 BKF, 2011, Water System Exhibit for The Terraces of Lafayette. See Appen- dix E. 51 Rehnstrom, David, Senior Civil Engineer, Water Service Planning, East Bay Municipal Utility District. Personal communication with The Planning Center | DC&E, October 18, 2011.

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However, EBMUD suggests that due to EBMUD’s limited water supply, all customers should plan for shortages in time of drought. The Project would incorporate water saving features, such as efficient fixtures and appliances, and the landscaping plan includes the use of native vegetation consistent with the Project’s regional location to reduce the amount of irrigation required. The irrigation system would be fully automated. In addition, as described above, the Project would be required to comply with mandatory regulations set forth in the California Model Water Efficient Landscape Ordinance (Divi- sion 2, Title 23, California Code of Regulations, Chapter 2.7, Sections 490 through 495). Therefore, the Project would result in a less-than-significant impact on water supplies.

5. Cumulative Impacts This section analyzes potential impacts to water supply that could occur from the proposed Project in combination with other reasonably foreseeable projects in the EBMUD service area. Implementation of the Project in combination with the related projects in Table 4-1 in Chapter 4 of this Draft EIR would further increase demands on the EBMUD’s water supply and treatment capacity.

In the 2009 Water Supply Management Program, the EBMUD assessed future water demand for its service area, which includes all of Alameda and Contra Costa Counties. The EBMUD determined that the 325 MGD available will be sufficient to accommodate future demand in the service area through 2040.52 The EBMUD has also identified localized deficiencies in water treatment capacity in the service area and taken action to correct them through the WTTI Program. The EBMUD assessments were made in consultation with all constituent communities, including Lafayette.53 Therefore, all reasonably foreseeable projects have been considered in EMBUD assessments.

52 East Bay Municipal Utility District, 2009. Water Supply Management Pro- gram 2040. 53 East Bay Municipal Utility District, 2009. Water Supply Management Pro- gram 2040.

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Consequently, the proposed Project would result in a less-than-significant cumulative impact on water supply.

6. Impacts and Mitigation Measures As stated in the impact discussion above, water supply would be adequate to accommodate demand through 2040 for the EBMUD service area. As such, implementation of the Project would have a less-than-significant impact to water supply.

C. Solid Waste

This section describes existing conditions and potential impacts of the Project with regard to solid waste services.

1. Regulatory Framework a. Federal Regulations There are no federal laws or regulations related to solid waste that are relevant to the Project site. b. State Regulations Solid waste handling and disposal is regulated at the State level. Specific regulations relevant to the proposed Project are described below. i. California Integrated Waste Management Act California’s Integrated Waste Management Act of 1989 (Assembly Bill [AB] 939 and amended by SB 1016) sets a requirement for cities and counties throughout the State to divert 50 percent of all solid waste from landfills by January 1, 2000 though source reduction, recycling, and composting. To help achieve this, this Act requires that each city and county prepare and submit a Source Reduction and Recycling Element. AB 939 also established the goal for all California counties to provide at least 15 years of on-going landfill capacity. As part of the California Integrated Waste Management Board (CIWMB)’s Zero Waste Campaign, regulations affect what common household items can be placed in the trash. As of February 2006, household mate-

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rials including fluorescent lamps and tubes, batteries, electronic devices and thermostats that contain mercury are no longer permitted in the trash.54

In 2007, SB 1016 amended AB 939 to establish a per capita disposal measurement system. The per capita disposal measurement system is based on two factors: a jurisdiction’s reported total disposal of solid waste divided by a jurisdiction’s population. CIWMB sets a target per capita disposal rate for each jurisdiction. Each jurisdiction must submit an annual report to CIWMB with an update of its progress in implementing diversion programs and it’s current per capital disposal rate.55 The Contra Costa County Solid Waste Authority (CCCSWA)’s disposal rate in 2010 was 3.9 pounds of waste per person per day, which was well below the CIWMB target of 4.7 pounds of waste per person per day for 2010.56 ii. California Solid Waste Reuse and Recycling Access Act of 1991 The California Solid Waste Reuse and Recycling Access Act requires areas in development projects to be set aside for collecting and loading recyclable materials. The Act requires the CIWMB to develop a model ordinance for adoption by any local agency relating to adequate areas for collection and loading of recyclable materials as part of development projects. Local agencies are required to adopt the model, or an ordinance of their own, governing adequate areas in development projects for collection and loading of recyclable materials.

54 California Integrated Waste Management Board’s Zero Waste Campaign’s website, http://www.zerowaste.ca.gov, accessed on November 1, 2011. 55 California Integrated Waste Management Board, http://www.calrecycle. ca.gov/LGCentral/Basics/PerCapitaDsp.htm#Jurisdiction, accessed on November 1, 2011. 56 Central Contra Costa Solid Waste Authority, September 29, 2011, AB 939 Annual Report for Year 2010, http://www.wastediversion.org/files/managed/ Document/984/Staff%20Report_2010%20DIVERSION%20REPORT.pdf, accessed on October 11 2011.

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c. Local Regulations and Agencies i. Contra Costa County Health Services Department The Contra Costa County Health Services Department is the State-certified Local Enforcement Agency (LEA) for solid waste in Contra Costa County. The LEA regulates all facilities and operations for the collection, handling, transportation, storage, and disposal of solid waste in the County. ii. Central Contra Costa Solid Waste Authority The Central Contra Costa Solid Waste Authority (CCCSWA) provides solid waste and residential recycling services for Contra Costa County and is responsible for recycling and solid waste management in Lafayette, including the Project site. The CCCSWA holds franchise agreements with Allied Waste Services for the collection, transfer, and disposal of residential and commercial solid waste, and with Valley Waste Management for the collection and marketing of residential recycling, green waste, and food scraps. The CCCSWA was created by a Joint Powers Authority in 1990. In 1996, the City of Lafayette designated its solid waste franchising authority to the CCCSWA. iii. City of Lafayette General Plan 2002 Goals, policies, and programs from the Lafayette General Plan that are relevant to solid waste services are listed in Table 4.14-6.

The City has adopted three additional plans relevant to solid waste services: the Source Reduction and Recycling Element (SRRE), the Household Haz- ardous Waste Element (HHWE), and the Non-Disposal Facility Element (NDFE). These three plans were prepared by the CCCSD on the City's be- half, in compliance with the requirements of AB939. The plans are distinct from the General Plan and were adopted separately. They are part of the County-wide Integrated Waste Management Plan and EIR approved by the CIWMB in December 1993.

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TABLE 4.14-6 GENERAL PLAN GOALS AND POLICIES RELEVANT TO SOLID WASTE SERVICES

Goal/Policy Number Goal/Policy Content Coordinate with other jurisdictions to protect and restore environmen- Goal LU-18 tal resources and to provide public services. Coordination of Public Services: Coordinate water supply, flood control, wastewater and solid waste disposal, soil conservation, and Policy open space preservation with other jurisdictions to create the LU-18.2 greatest public benefit and the least degree of environmental impact. Match the demand for public facilities and infrastructure generated by Goal LU-20 new development with the capacity of existing facilities, capital improvement programs and development mitigation programs. Solid Waste: Review all development projects for their impacts on the City's goals contained in the Source Reduction and Recycling Policy Element and Household Hazardous Waste Element. Require fair LU-20.9 share payments and/or mitigation measures to ensure that these standards are not jeopardized. Goal OS-9 Reduce the volume of solid waste generated in the City. Recycling and Reuse of Solid Waste: Comply with State require- Policy ments to reduce the volume of solid waste through recycling and OS-9.1 reuse of solid waste. Recycling Drop-off Areas: Encourage on-site drop-off areas for Policy recycling in commercial, office and multifamily residential devel- OS-9.2 opments. Policy Solid and Hazardous Wastes: Comply with State and Federal re- OS-9.3 quirements regarding reduction of solid and hazardous wastes. Source: Lafayette General Plan, 2002, available at http://www.ci.lafayette.ca.us, accessed on October 27, 2011.

iv. Construction and Demolition Debris Recycling Ordinance (Ord. 535 Section 2, 2002) In 2002, the City adopted a Construction and Demolition (C&D) Debris Re- cycling Ordinance to improve the percentage of solid waste diverted from landfill. The C&D Ordinance applies to all construction, demolition, and renovation projects within the city which are valued at $50,000 or greater or which involve development on 5,000 square feet of land or more. Project

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applicants must prepare a Waste Management Plan (WMP) which indicates that at least 50 percent of all C&D debris generated by a project would be diverted. Applicants are also required to submit a performance security to the City along with the WMP prior to approval.

2. Existing Conditions The Central Contra Costa Solid Waste Authority (CCCSWA), a Joint Pow- ers Authority, oversees solid waste collection, disposal, and recycling services in Walnut Creek, Danville, Moraga, Lafayette, and Orinda, and the unincorporated areas of Contra Costa County. The CCCSWA has agreements with Allied Waste for the collection, transfer, and disposal of residential and commercial solid waste. a. Solid Waste and Recycling The CCCSWA provides solid waste and residential recycling services for Contra Costa County, including the City of Lafayette. The CCCSWA holds franchise agreements with Allied Waste Services for the collection, transfer, and disposal of residential and commercial solid waste, and with Valley Waste Management for the collection of residential recycling, green waste, and food scraps.57

The CCCSWA also operates a recycling center in Walnut Creek, where residents can bring recyclables that do not fit in their residential recycling bins, as well as antifreeze, motor oil, wooden pallets and yard clippings, for a small fee.58 b. Diversion from Landfill The 2002 General Plan established a goal of diverting 50 percent of Lafa- yette’s waste from landfills to comply with California’s Integrated Waste

57 Central Contra Costa Solid Waste Authority website, http://www.waste diversion.org/app_pages/view/251, accessed on October 11, 2011. 58 Central Contra Costa Solid Waste Authority website, http://www.waste diversion.org/app_pages/view/251, accessed on October 11, 2011.

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Management Act. Lafayette reached its goal, achieving a diversion rate of 60 percent in 2010.59 c. Landfill Allied Industries collects solid waste from residences and businesses in Lafa- yette, transporting it to the Contra Costa Solid Waste Transfer and Recovery Station (CCSWTRS) in Martinez, which has a daily capacity of 1,900 tons and receives an average of 1,100 tons per day. From there, non-recyclable materi- al is taken to the Keller Canyon Landfill in eastern Contra Costa County near the City of Pittsburg, for ultimate disposal. The Keller Canyon Landfill is permitted to receive up to 3,500 tons of waste per day and currently receives approximately 2,500 tons of waste per day.60 The CIWMB lists the expected closure date of the landfill to be December 31, 2030.61 The landfill has a total capacity of 75.018 million cubic yards and a remaining capacity of over 63.408 million cubic yards.62

d. Household Hazardous Waste The Central Contra Costa Sanitary District (CCCSD), in partnership with Mt. View Sanitary District, operates a permanent Household Hazardous Waste (HHW) Collection Facility, located at 4797 Imhoff Place in Martinez.63 Residents of Central Contra Costa County can use the facility at no charge, while small businesses can use the facility for a nominal fee. Most of the hazardous waste collected at the facility is recycled or reused. Products that can

59 Central Contra Costa Solid Waste Authority, 2011. AB 939 Annual Report for Year 2010, http://www.wastediversion.org/files/managed/Document/ 984/Staff%20Report_2010%20DIVERSION%20REPORT.pdf, accessed on October 11 2011. 60 Allied Waste, http://www.alliedwasteservicesofcontracostacounty.com/ disposal_sites_kellercanyon.cfm, accessed on October 11, 2011. 61 California Integrated Waste Management Board, http://www.calrecycle.ca. gov/SWFacilities/Directory/07-AA-0032/Detail, accessed on October 11, 2011. 62 California Integrated Waste Management Board, http://www.calrecycle.ca. gov/SWFacilities/Directory/07-AA-0032/Detail, accessed on October 11, 2011. 63 Central Contra Costa Sanitary District website, http://www.centralsan.org/ index.cfm?navId=158, accessed on October 11, 2011.

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be reused are given to residents and businesses through a waste exchange program. The remaining HHW is disposed of in a safe manner.64

3. Standards of Significance Solid waste impacts associated with the proposed Project would be considered significant if the Project would: a. Be served by a landfill with insufficient permitted capacity to accommodate the Project’s solid waste disposal needs. b. Be out of compliance with federal, State, and local statutes and regulations related to solid waste.

4. Impact Discussion a. Insufficient Landfill Capacity As a participating member in the CCCSWA, the City of Lafayette has adopted the CCCSWA Ordinance that regulates the amount of waste disposed in landfills in order to comply with the CIWMB requirements for diversion of waste from landfills.

Solid waste from the proposed Project site would be transferred to the Keller Canyon Landfill in Contra Costa County for ultimate disposal. As described above, the Keller Canyon Landfill is permitted to receive up to 3,500 tons of waste per day and currently receives about 2,500 tons of waste per day. Re- maining capacity is over 63.408 million cubic yards.

In compliance with State Law SB 1016, the Project would aim for the CIWMB target of 4.7 pounds of waste per person per day for 2010 through the source reduction, recycling, and composting programs coordinated by the CCCSWA. As previously discussed, the CCCSWA’s disposal rate in 2010

64 Central Contra Costa Solid Waste Authority website, http://www.waste diversion.org/app_pages/view/26, accessed on October 11, 2011.

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was 3.9 pounds of waste per person per day, which was well below the CIWMB target of 4.7 pounds of waste per person per day for 2010.65

Based on the average household size of rental units from the United States Census Bureau Census 2010,66 this would result in approximately 1.55 tons per day generated by buildout of the Project.67 The total solid waste generated from the Project would therefore be approximately 0.04 percent of the permitted daily capacity of the Keller Canyon Landfill. Therefore, the Keller Canyon Landfill has sufficient capacity to accommodate the Project‘s solid waste disposal needs. The Project’s solid waste impacts would therefore be less than significant. b. Compliance with Solid Waste Statutes and Regulations As discussed above, the City’s General Plan established its goal to comply with State requirements to reduce the volume of solid waste through recycling and reuse of solid waste. Additionally, Lafayette has adopted a Source Reduction and Recycling Element (SRRE), a Household Hazardous Waste Element (HHWE), and a Non-Disposal Facility Element (NDFE) in compliance with the California Integrated Waste Management Act. Implementation of strategies and programs from these plans allowed the City to meet the State mandated waste diversion goal of 50 percent in 2010. These programs are sufficient to ensure that future development in Lafayette would not compro- mise the ability to meet or perform better than State the mandated target. Additionally, construction and demolition associated with the Project would generate significant solid waste. At least half of this waste would be expected to be diverted from landfill disposal by recycling in accordance with the

65 Central Contra Costa Solid Waste Authority, September 29, 2011, AB 939 Annual Report for Year 2010, http://www.wastediversion.org/files/managed/ Document/984/Staff%20Report_2010%20DIVERSION%20REPORT.pdf, accessed on October 11 2011. 66 315 residential units x 2.09 (average household size of rental units in Lafa- yette) = 658 residents. 67 658 residents x 4.7 pound/person/day (a target diversion rate) = 3,093 pounds or 1.55 tons per day.

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City’s construction debris ordinance. Per requirements of the Construction Debris Ordinance, the applicant would be required to prepare a waste management plan and summary report. Therefore, the proposed Project would comply with applicable statutes and regulations and the impact would be less than significant.

5. Cumulative Impacts This section analyzes potential impacts to solid waste services that could occur from a combination of the proposed Project with other reasonably foreseeable projects in the CCCSWA service area. Implementation of the Project in combination with the related projects in Table 4-1 in Chapter 4 would further increase demands on solid waste infrastructure and treatment facilities. As shown in Table 4.14-7, the Project and the six related projects would generate solid waste at an average daily rate of approximately 3.37 tons per day.

As discussed above, the Keller Canyon Landfill has 63.408 million cubic yards of available capacity and an estimated life through 2030. Keller Canyon currently receives 2,500 tons of waste per day out of a maximum of 3,500 allowable by permit and therefore could accommodate 996.6 tons per day of additional solid waste over and above the total that would be generated by the proposed Project and the six related projects. As a result, the proposed Pro- ject would not make a significant contribution to cumulative impacts relating to solid waste management or disposal. Cumulative impacts from the proposed Project would be less than significant.

6. Impacts and Mitigation Measures The Plan would not result in any significant impacts to solid waste; therefore, no mitigation measures are necessary.

D. Energy Conservation

In order to assure that energy implications are considered in Project decisions, the State CEQA Guidelines (Appendix F) requires that EIRs include a discussion of the potential energy impacts of proposed projects, with particular

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TABLE 4.14-7 ESTIMATED SOLID WASTE GENERATION FOR PROJECT WITH FORESEEABLE GROWTH

Estimated Total Tons Project Units Population per Daya Proposed Project 315 units 658 residents 1.55

Woodbury 65 units 178 residents 0.42

Town Center III 81 units 210 residents 0.49

72 units 168 residents 0.39 Merrill Gardens at Lafayetteb 6,000 sf of 12 employees 0.03 retail space Eden Housing 46 units 96 residents 0.23 23 single-family Lafayette Townhomes 63 residents 0.15 residential Lafayette Park Terrace 18 units 49 residents 0.12 764 residents & Total 617 units 3.37 12 employees a Based on the CIWMB target disposal rate of 4.7 pound/capita/day. b 17 beds in the Merrill Garden project were not included in this estimate. c Based on an employment creation rate of one employee per 300 to 500 square feet of retail space per Economic and Fiscal Impact Analysis for Downtown Lafayette Specific Plan, April 2010. Source: City of Lafayette Staff, Ann Merideth, October 20, 2011.

emphasis on avoiding or reducing inefficient, wasteful, and unnecessary consumption of energy. However, no specific thresholds of significance for potential energy impacts are suggested in the State CEQA Guidelines. In addition to the qualitative discussion below, Chapter 4.6 includes a quantitative discussion of the Project’s energy and natural gas consumption in relationship to greenhouse gas (GHG) emissions.

1. Regulatory Framework This section describes existing conditions and potential impacts of the Project with regard to energy conservation.

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a. Federal Regulations There are no federal regulations regarding energy conservation that are applicable to the proposed Project. b. State Regulations i. California Public Utilities Commission. The California Public Utilities Commission (CPUC) was established by Con- stitutional Amendment as the California Railroad Commission in 1911 and in 1912, the Legislature passed the Public Utilities Act. This Act expanded the CPUC’s regulatory authority to include natural gas, electric, telephone, and water companies as well as railroads and marine transportation companies. In 1946, the Commission was renamed the California Public Utilities Commis- sion. The CPUC regulates privately-owned telecommunications, electric, natural gas, water, railroad, rail transit, and passenger transportation companies. The CPUC is responsible for assuring California utility customers have safe, reliable utility service at reasonable rates, protecting utility customers from fraud, and promoting the health of California’s economy. ii. Title 24, Part 6 of the California Code of Regulations (1978) The Energy Efficiency Standards for Residential Buildings were established in 1978 in response to a legislative mandate to reduce California's energy consumption. The standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods. The efficiency standards apply to new construction of both residential and non-residential buildings, and regulate energy consumed for heating, cooling, ventilation, water heating, and lighting. The building efficiency standards are enforced through the local building permit process. Local government agencies may adopt and enforce energy standards for new buildings, provided that these standards meet or exceed those provided in Title 24 guidelines, which as of January 1, 2011 include compliance with the mandatory provisions of the 2010 California Green Building Standards (CALGreen) Code.68 On January 12, 2010, the California Building Standards Commission adopted CALGreen

68 California Building Standards Commission Website, http://www.bsc.ca. gov/default.htm, retrieved January 7, 2011.

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and became the first state in the United States to adopt a statewide green building standards code. CALGreen will require new buildings to reduce water consumption by 20 percent, divert 50 percent of construction waste from landfills, and install low pollutant-emitting materials. The mandatory provisions of CALGreen were effective on January 1, 2011.

The development of the proposed Project would be required to adhere to all applicable federal, State, and local statutes and regulations related to construction and operation. c. Local Regulations i. City of Lafayette General Plan 2002 Goals and policies from the Lafayette General Plan that are relevant to energy conservation as identified in the Open Space and Conservation element are listed in Table 4.14-8.

2. Existing Conditions The Pacific Gas and Electric Company (PG&E) would provide natural gas and electricity services to the Project site, through new infrastructure connecting to existing distribution systems. PG&E was incorporated in Califor- nia in 1905 and provides natural gas and electric to approximately 15 million people throughout a 70,000-square-mile service area in northern and central California. PG&E produces or buys its energy from a mix of conventional and renewable generating sources, which travel through our electric transmission and distribution systems to reach customers. Several phone service providers, including AT&T are available for local and long distance service in the Project area. Phone service would be provided to the Project site through new infrastructure connecting to existing distribution systems.

3. Standards of Significance As previously discussed, the State CEQA Guidelines (Appendix F) requires that EIRs include a discussion of the potential energy impacts of proposed projects; however, no specific thresholds of significance for potential energy impacts are suggested in the State CEQA Guidelines.

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TABLE 4.14-8 GENERAL PLAN GOALS AND POLICIES RELEVANT TO ENERGY CONSERVATION

Goal/Policy Number Goal/Policy Content Goal OS-11 Reduce the consumption of non-renewable energy resources. Energy Conservation Measures in Buildings: Encourage energy Policy OS-11.1 conservation in new development and the retrofit of existing struc- tures. City Services: The City will consider energy consumption impacts Policy OS-11.2 when selecting locations and types of services, buildings, and vehi- cles. Source: Lafayette General Plan, 2002, available at http://www.ci.lafayette.ca.us, accessed on October 5, 2011.

4. Impact Discussion The Project would include photovoltaic panels and energy efficient equip- ment for a variety of building features, including hot water units, windows, lighting design and fixtures, appliances, HVAC (heating, ventilation, and air conditioning), and insulation and would be consistent with General Plan Pol- icy OS-11.1. Furthermore, in addition to the meeting the conventional Title 24 standards, the proposed Project would apply environmentally sustainable standards for demolition, construction, and operation. The Project has been designed to meet the Leadership in Energy and Environmental Design (LEED) 2009 for New Construction and Major Renovation Green Building Rating System standards to reduce energy and water consumption.

The Project would incorporate water saving features including efficient fixtures and lavatories (e.g. 1.6-gallon toilets and no flush urinals, etc.). The landscaping plan for the proposed Project includes the use of native vegetation, such as Madrone, California Buckeye, Western Redbud, California Syc- amore, Coast Live Oak, Valley Oak, and California Bay Laurel, to reduce the amount of irrigation required. Additionally, the Project landscaping would include infiltration planting and habitat and wildflower mix along the existing creek to reinforce the historic watercourse alignment. Landscaping has also

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been designed to reduce energy consumption by providing pavement shading. The irrigation system would be fully automated, in compliance with the applicable water conservation standards.

The Project is in close proximity to State Highway 24 and within one mile of the BART Lafayette Station and downtown shopping corridor. The Project is also close to the Briones Regional Park, Acalanes High School, and Springhill Elementary School. Fuel consumption associated with construction would be limited to a 19.9-month period. Given the Project’s proximity to downtown, transit, public schools and a regional park combined with the Project features to reduce energy and water use, the Project would not result in a substantial increase in natural gas and electrical service demands, and would not require new energy supply facilities and distribution infrastructure or capacity enhancing alterations to existing facilities. Therefore, impacts would be less than significant and no mitigation measures are required.

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