KAISER CENTER OFFICE PROJECT Response to Comments and Final Environmental Impact Report Prepared for April 2011 City of Oakland KAISER CENTER OFFICE PROJECT Response to Comments and Final Environmental Impact Report Prepared for April 2011 City of Oakland 350 Frank H. Ogawa Plaza Suite 300 Oakland, CA 94612 510.839.5066 www.esassoc.com Los Angeles Olympia Petaluma Portland Sacramento San Diego San Francisco Seattle Tampa Woodland Hills 206213.00 OUR COMMITMENT TO SUSTAINABILITY | ESA helps a variety of public and private sector clients plan and prepare for climate change and emerging regulations that limit GHG emissions. ESA is a registered assessor with the California Climate Action Registry, a Climate Leader, and founding reporter for the Climate Registry. ESA is also a corporate member of the U.S. Green Building Council and the Business Council on Climate Change (BC3). Internally, ESA has adopted a Sustainability Vision and Policy Statement and a plan to reduce waste and energy within our operations. This document was produced using recycled paper. TABLE OF CONTENTS Kaiser Center Office Development Project Responses to Comments and Final EIR Page I. Introduction I-1 A. CEQA Process I-1 B. Consideration of the Final EIR I-2 C. Organization of this Document I-2 II. Project Overview II-1 A. Project Summary II-1 B. Site Location and Setting II-1 C. Key Components of the Project and Phasing II-2 D. Public Agency Approvals II-2 III. Commenters on the DEIR III-1 A. Agencies, Organizations and Individuals Commenting in Writing III-1 B. Commenters at the Landmarks Preservation Advisory Board Public Hearing III-2 C. Commenters at the Planning Commission Public Hearing III-2 IV. Revisions to the DEIR IV-1 A. Updates to the DEIR Resulting from New and Updated Information Since Publication of the DEIR IV-1 B. Revisions to Draft EIR IV-8 C. Revised Impacts, Standard Conditions, and Mitigation Measures IV-28 V. Responses to Written Comments Received on the Draft EIR V-1 Letter A – Governor’s Office of Planning and Research, State Clearinghouse V-2 Letter B – California Department of Transportation V-5 Letter C – California Geological Survey V-9 Letter D – Alameda County Transportation Commission V-11 Letter E – Bay Area Rapid Transit (BART) V-14 Letter F – AC Transit V-39 Letter G – East Bay Municipal Utility District V-42 Letter H – Oakland Heritage Alliance V-48 Letter I – Walk Oakland Bike Oakland V-53 Letter J – Naomi Schiff V-56 VI. Responses to Comments Received at the City of Oakland VI-1 Landmarks Preservations Advisory Board Public Hearing on the Draft EIR Kaiser Center Office Project i ESA / 206213 Responses to Comments / Final Environmental Impact Report April 2011 Table of Contents Page VII. Responses to Comments Received at the City of Oakland VII-1 Planning Commission Public Hearing on the Draft EIR Appendices A. Kaiser Center Office Project Transportation Demand Management (TDM) Plan A-1 B. Final Greenhouse Gas Emissions Reduction Plan B-1 C. Preferred Measure DD C-1 C.1 Proposed Measure DD Improvements C.1-1 C.2 Proposed Kaiser Center Project Mitigation Measures Related to the Preferred Measure DD Configuration C.2-1 C.3 Preferred Configuration to Mitigate Impacts of the Kaiser Center Office Project Memorandum C.3-1 Tables IV.B-11 Baseline Operational GHG Emissions Inventory from the Proposed Project IV-4 IV.B-4 Average Daily Construction-Related Pollutant Emissions IV-10 II-1 Revised Summary of Impacts, Standard Conditions of Approval, Mitigation Measures, and Residual Impacts IV-29 V-1 BART Weekday Average Exits V-24 V-2 BART Train Capacity Utilization (Existing plus Project Conditions) V-26 V-3 BART Peak Hour Passenger Volume (Existing plus Project Conditions) V-27 V-4 BART Train Capacity Utilization (Existing plus Project – TDM Scenario 1) V-29 V-5 BART Peak Hour Passenger Volume (Existing plus Project Conditions – TDM Scenario 1) V-30 V-6 BART Train Capacity Utilization (Existing plus Project Conditions – TDM Scenario 2) V-30 V-7 BART Peak Hour Passenger Volume (Existing plus Project Conditions – TDM Scenario 2) V-32 Figure V-1 Potential Pedestrian, Bicycle and Public Amenity Improvements (Conceptual) 20th Street from Broadway to Franklin Street V-34 Kaiser Center Office Project ii ESA / 206213 Responses to Comments / Final Environmental Impact Report April 2011 CHAPTER I Introduction A. CEQA Process An Environmental Impact Report (EIR) is an informational document prepared by a Lead Agency (in this case, the City of Oakland) that contains environmental analysis for public review and for agency decision-makers to use in their consideration of development proposals. On August 23, 2010, the City of Oakland (Lead Agency) released for public review a Draft EIR (or DEIR) for the Kaiser Center Office Development Project (ER08-003). The 45-day public review and comment period on the DEIR began on Monday, August 23, 2010. The Landmarks Preservation Advisory Board held a public hearing on the DEIR on October 4, 2010, and the City of Oakland Planning Commission held a public hearing on the DEIR October 6, 2010. The public review and comment period ended at 4:00 p.m. Thursday, October 7, 2010. This Responses to Comments document, together with the DEIR and the DEIR Appendices, constitute the Final EIR (or FEIR) for the Project. Due to its length, the text of the DEIR is not included with this Response to Comments document; however, it is included by reference as part of the Final EIR. The City of Oakland will consider the Final EIR before approving or denying the proposed Project. Before the Lead Agency may approve the project, it must certify that the Final EIR adequately discloses the environmental effects of the proposed Project, that the Final EIR has been completed in conformance with the California Environmental Quality Act (CEQA), and that the decision-making body of the Lead Agency independently reviewed and considered the information contained in the Final EIR. Certification of the Final EIR would indicate the City’s determination that the Final EIR adequately evaluates the environmental impacts that could be associated with the proposed project. The City of Oakland has prepared this document pursuant to CEQA Guidelines Section 15132 which specifies the following (and which also applies to Draft and Final EIRs): “The Final EIR shall consist of: (a) The DEIR or a revision of that draft. (b) Comments and recommendations received on the DEIR either verbatim or in a summary. (c) A list of persons, organizations, and public agencies commenting on the DEIR. Kaiser Center Office Project I-1 ESA / 206213 Responses to Comments / Final Environmental Impact Report April 2011 I. Introduction (d) The response of the Lead Agency to significant environmental points raised in review and consultation process. (e) Any other information added by the Lead Agency.” This Final EIR incorporates comments from public agencies and the general public and contains the Lead Agency’s responses to those comments. B. Consideration of the Final EIR If significant new information is added to an EIR after notice of public review has been given, but before final certification of the EIR, the lead agency must issue a new notice and re-circulate the EIR for further comments and consultation. (Laurel Heights Improvement Association v. Regents of the University of California, 6 Cal 4th 112 (1993)) The City has determined that none of the corrections or clarifications to the DEIR identified in this document constitutes significant new information pursuant to Section 15088.5 of the CEQA Guidelines. As a result, a Recirculation of the DEIR is not required. Specifically, the new information, corrections or clarifications presented in this document do not disclose that: • A new significant environmental impact would result from the project or from a new mitigation measure (or standard condition) proposed to be implemented; • A substantial increase in the severity of an environmental impact would result unless mitigation measures (or standard conditions) are adopted that reduce the impact to a level of insignificance; • A feasible project alternative or mitigation measure (or standard condition) considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project’s proponents decline to adopt it; or • The DEIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. (CEQA Guidelines Section 15088.5) Information presented in the DEIR and this document support the City’s determination that Recirculation of the DEIR is not required. C. Organization of this Document This Final EIR contains information about the proposed Project, supplemental environmental information, and responses to comments raised during the public review and comment period on the DEIR. Following this introductory chapter, the document is organized as described below. • Chapter 2, Project Summary, summarizes the proposed Project as presented in the DEIR as the Project Applicant has not made any changes to the project since publication of the DEIR. Kaiser Center Office Project I-2 ESA / 206213 Responses to Comments / Final Environmental Impact Report April 2011 I. Introduction • Chapter 3, Commenters on the DEIR, lists all agencies, organizations and individuals that submitted written comments on the DEIR during the public review and comment period, and/or that commented at the Planning Commission Public Hearing and/or the Landmarks Preservation Advisory Board Public Hearing on the DEIR. • Chapter 4, Revisions to the DEIR, contains text changes and corrections to the DEIR initiated by the Lead Agency or resulting from comments received on the DEIR. Chapter 4 also presents clarified, refined and updated information to the DEIR. • Chapter 5, Responses to Written Comments Received on the DEIR, contains each of the comment letters received on the DEIR and presents individual responses to the specific comments raised in each letter.