CITY OF ALBANY CITY COUNCIL AGENDA STAFF REPORT

Agenda Date: 5/22/07 Prepared on: 5/14/07 Reviewed by: ______

SUBJECT: Golden Gate Fields Track Resurfacing (1100 Eastshore Highway). Informational report on the proposed project involving replacing the existing dirt track with an artificial track material, pursuant to the requirements of the California Horse Racing Board. The information report includes City of Albany processing of the application and the California Environmental Quality Act requirements.

FROM: Jeff Bond, Planning & Building Manager

STAFF RECOMMENDATION

Information item.

BACKGROUND

Golden Gate Fields is located at 1100 Eastshore Highway. The facility consists of several parcels totaling 138 acres. The racetrack, grandstand, and the bulk of the parking facilities are located within the City of Albany. Other ancillary facilities within the City of Albany include the corporation yard, equine hospital, and a small portion of the stable area. Total land area within the City of Albany is 102 acres. Ancillary facilities located in the City of Berkeley are primarily the stables area.

The proposed project is the resurfacing of the dirt racetrack, replacing it with a synthetic surface with the trade name “Tapeta,” which is a material designed to improve horse and rider safety. This track surface replacement is mandated by the State of California’s Horse Racing Board. Once the new track is in place, there will be a substantial reduction in the amount of water required for track operations.

On May 8, 2007, an information session was scheduled with the Planning and Zoning Commission. The staff report and draft minutes of the session are attached. At the City Council meeting of May 7, 2007, Council Member Atkinson requested a City Council information item.

DISCUSSION

The proposed track replacement would not result in a change in land use. The General Plan land use designation for the subject property is Commercial Recreation with a Creek Conservation Zone overlay on the eastern straightaway part of the track. The City Zoning CITY COUNCIL STAFF MEETING PAGE 2 STAFF REPORT MAY 22, 2007

Map designates the property in the Waterfront Zoning District, which allows horse racing as a commercial recreation/entertainment use. The City Zoning Map also indicates that the Waterfront Combining District is located beyond the eastern edge of the track.

Proposed Project

In summary, the proposed project consists of the following elements:

1. Removal of approximately 16 inches of existing dirt track and stockpiling of the soil on the surface parking lot north of the grandstand. The applicant has stated that potential options for future use of the soil are using it on the Golden Gate Fields property or the City of Berkeley or East Bay Regional Park District may use the soil on their property. Alternatively, the soil may be disposed of at the appropriate facility.

2. Installation of a new below-grade drainage system, including waterproof membrane, drainage pipes, gravel, and porous asphalt.

3. The Tapeta track material will be installed on top of the porous asphalt. Tapeta consists of sand (silica), wax, and polymeric rubber fibers. It is described as a sandy greenish gray material with flecks of black and colored material. It may be stored temporarily in the parking lot north of the grandstands before its installation.

4. The resurfacing of the existing track and installation of new drainage pipes and track material will result in a change in level of the track from the existing 9 to 13 feet above sea level to 11 to 13 feet due to the reduction of slope toward the inside of the track. The finished track will have a width of 62 to 70 feet, which, on the backstretch will result in a reduction of the width of the track by up to five feet.

5. Rainwater is designed to drain through the Tapeta material into pipes under the track, which in turn will drain into a bio-swale on the inside ring of the track. Currently, runoff drains into a non-engineered drainage ditch. The bio-swale will be constructed in the location of an existing drainage ditch.

6. The bio-swale will capture and hold runoff for drainage into three existing pipes that run from the bio-swale, underneath the backstretch, and then discharge into Codornices Creek. No repair or replacement of the pipes or outfalls into Codornices Creek is planned as part of the project.

7. The project includes replacing the existing header board on the inside and outside edges of the track to contain the Tapeta material in the track area.

8. Installation of a new fence of approximately eight feet in height on top of the header board. The proposed project also will include removal of the existing fence adjacent to Codornicies Creek. No construction activity will occur within riparian habitat, wetlands, or creek areas.

CITY COUNCIL STAFF MEETING PAGE 3 STAFF REPORT MAY 22, 2007

9. The project will include installation of a new safety rail on the inside and outside of the track.

10. As part of the regular operation of the track, track maintenance staff will remove animal waste during all training breaks, following the end of morning training hours, between every race, and following the last race.

Construction activities are estimated to last approximately four months. The construction site will be accessed by the existing Buchanan Street roadway. An estimated 12,000 cubic yards of soil will be removed. During the course of construction a peak of 50 truck trips per day are expected. Trucks will enter and depart the City via I-80, and will not as a part of the proposed project travel east of I-80.

During construction, almost all of the normal racetrack activities, including the shipping and training of horses and delivery of supplies to the stable area, will cease. Almost 1,400 horses and all backstretch employees will be temporarily relocated to other facilities in Northern California, and the primary activity at the racetrack will be related to the resurfacing project.

There are no other proposed changes to the track or infield or stable area other than the track resurfacing and placement of the soils described above. In particular, the applicant is not proposing, as part of this project, any improvements to the grandstand, corporation yard, irrigation system, stables, parking lots, wastewater treatment system, or other facilities.

Required Approvals

The proposed project requires a grading permit and a building permit from the City of Albany. In addition, the project is expected to require approvals from the Regional Water Quality Control Board (for the Race Track’s Storm Water Pollution Prevention Plan) and from the Bay Conservation and Development Commission. These agencies have responsibilities and procedures separate from the City.

At this time, staff has not concluded its analysis as to the environmental review required under the California Environmental Quality Act (“CEQA”). One of the key issues is whether the project is “categorically exempt” pursuant to CEQA requirements. The CEQA Guidelines provide exemptions for certain types of repair projects that do not involve an expansion of use. The CEQA Guidelines also provide exemptions for replacement or reconstruction of existing structures and facilities at the same location and with the same purpose and capacity as the existing structures and facilities. The application of these exemptions are not allowed, however, when there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

Because the required permits are approved administratively, staff is responsible for making the CEQA determination. In order to allow an appeal process to occur before the start of construction, when staff concludes its analysis, it will issue a “Notice of Decision Regarding Project CEQA Determination,” triggering the 14-day appeal period. The staff determination may conclude that: CITY COUNCIL STAFF MEETING PAGE 4 STAFF REPORT MAY 22, 2007

• The permits required for the project are ministerial and therefore not subject to CEQA, in which case the permits could be issued;

• A categorical exemption is appropriate, in which case, the issuance of the grading and building permits could occur 15 days following the notice, unless an appeal is filed; or

• An initial study is required, in which case no permits would be issued and CEQA review would continue, unless an appeal is filed to seek a reversal of the staff decision.

In any case, an appeal of the staff determination would go to the Planning and Zoning Commission for consideration. The Planning and Zoning Commission action can in turn be appealed to the City Council (if an appeal is filed within a ten day period).

Environmental Analysis

As part of the application process, staff requested, and Golden Gate Fields has cooperated in submitting supplemental information regarding hydrology, water quality, and soil conditions. The preliminary results of these studies are:

• A hydrology study concluded that the quantity and water quality of storm water runoff would be improved compared with current conditions; • Soil characterization study concluded that the soils to be removed are not hazardous; and • Test of the biological toxicity of the Tapeta material concluded that the material is not toxic.

The City has retained outside legal services and outside consultants to review CEQA requirements and technical studies presented by the applicant. Staff does not intend to issue its decision until the review process is completed.

ATTACHMENTS:

• Planning and Zoning Commission Staff Report and Draft Minutes • Selected sheets of proposed track design prepared by BKF Engineering • Correspondence from the Sierra Club dated April 9, 2007, April 23, 2007, May 6, 2007, and May 10, 2007 • Correspondence from Bill Dann dated April 10, 2007 • Correspondence from EBMUD dated May 8, 2007 • Other background technical studies are available at the Waterfront Planning for Golden Gate Fields link in the current issues portion of the City web page at www.albanyca.org.