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96 component would disturb one or more acres of land, it would be subject to the Statewide Construction General Permit (Order WQ 2022-0057-DWQ; NPDES No. CAS000002). The San Francisco Bay Regional Water Quality Control Board (RWQCB, Region 2) administers the NPDES stormwater permitting program in the Bay Area, including the Municipal Regional Stormwater NPDES Permit and C.3 (stormwater compliance) Permit. Project owners submit a Notice of Intent (NOI) to the RWQCB to be covered by the General Construction Permit prior to the beginning of construction. The General Construction Permit requires the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP), which must be prepared before construction begins, usually during the planning and design phases of a project, and must include specifications for Best Management Practices (BMPs) that would be implemented during project construction to control contamination of surface flows and the potential discharge of pollutants from commencement of construction through project completion. The SWPPP document itself remains onsite during construction. After completion of construction, the owners are required to submit a Notice of Termination to the RWQCB to indicate that construction is completed. The DTPP program EIR (pp. 10-23 through 10-24) concluded that possible construction period erosion and contamination effects would be adequately mitigated with the required implementation of extensive City, County, and RWQCB requirements, which would be implemented during construction and monitored by the City Engineer. The DTPP Plan-Wide Amendments program SEIR (pp. 10-41 through 10-42) generally concurred with the DTPP EIR conclusion but includes Mitigation Measure UT-8, which relates specifically to the proposed realignment and alteration of Arroyo Ojo. Mitigation Measure UT-8 states that should the prior version of the Commercial Component undertake realignment and alteration of Arroyo Ojo, the City would require the project applicant to demonstrate that there shall be no substantial increase in off-site flooding, except for expected flow in the existing or proposed street network, during a modeled 30-year or 100-year storm event, compared to pre-development conditions, as determined by the City Engineer. The DTPP Plan-Wide Amendments program SEIR concluded that, with implementation of Mitigation Measure UT-8, potentially significant impacts associated with the prior version of the Commercial Component’s proposed alterations to Arroyo Ojo would be less than significant. At the time the DTPP Plan-Wide Amendments program SEIR was certified, the 901 El Camino Real project proposal entailed relocating and altering approximately ultimately entail relocating and altering approximately 170 feet of existing culvert and approximately 170 feet of existing open creek (Arroyo Ojo), and providing a replacement public open space that otherwise meets the DTPP purpose and goals (p. 3-18). The Commercial Component applicant’s current proposal includes converting the existing 170-foot-long earthen creek channel in Little River Park to developed land uses, and the earthen creek channel would be relocated and restored at approximately equivalent length (170 feet to 166 feet, but may be up to 185 feet depending on regulatory approvals and permits) and providing a replacement public open space plaza (Chrysanthemum Plaza) that meets the DTPP purpose and goals. While the current proposal for Arroyo Ojo Creek has slightly changed from what was analyzed in the DTPP Plan-Wide Amendments program SEIR, the Commercial Component does not propose to alter substantially more area (given that the work on the earthen creek channel and the relocated/restored creek would overlap) than was originally proposed in the DTPP Plan-Wide Amendments program SEIR, and the Commercial Component would still provide a replacement public open space that meets the DTPP purpose and goals. The Commercial Component’s potential impacts on existing drainage patterns of the subject site were already considered and adequately evaluated in the DTPP Plan-Wide Amendments program SEIR, and the current proposal for altering Arroyo Ojo does not involve substantially altering more area of work than the original proposal evaluated in the DTPP Plan-Wide Amendments program SEIR; there is no new impact regarding erosion or on- or off-site siltation. As the Commercial Component proposes to realign and alter Arroyo Ojo and is subject to Mitigation Measure UT-8. The Commercial Component proposes to re-grade James Avenue to lower the flow line elevation of the gutter on the project side of James Avenue and drain toward the project site and design the new segment of Franklin Street to confirm to existing grades at the James Avenue intersection and Winkleback intersection, which would increase the conveyance capacity of James Avenue and Franklin Street and ensure that off-site flooding would be in accordance with Mitigation Measure UT-8. (BKF, “901 El Camino Real – Supplemental Flood Study Memorandum”, March 5, 2025) With compliance with Mitigation Measure UT-8, which will be required as a condition of approval, the Commercial Component would be consistent with the analysis in the EIR/SEIR. It would not create new impacts or increase impacts, and there is no new information of substantial importance for CEQA purposes. ATTY/RESO.0031/CC RESO CEQA GUIDELINES (901 EL CAMINO REAL) REV: 04-22-25 VR Page 96 of 148