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HomeMy WebLinkAbout6.1 Fallon Crossing PD Prezone Stage 1 K." Of DlIlJn 6 ~~* r~@I~~~ ,~, C1t"lfOg't-,W SUBJECT: ATTACHMENTS: COpy TO: -~ CITY CLERK File # Dl6][ZlIOl-~ y.. 600-=0 AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 16, 2006 PUBLIC HEARING: PA 04-016 Fillion Crossing (formerly Mission Pcak) and Fredrich Properties to consider Planned Development (PO I Prczone / Stage 1 Developmcnt Plan, Pre- Annexation Agreement; Annexation Application, and Mitigated Negative Declaration. Report Prepared bv Michael Porto, Planning Consultant 2. Resoluhon approving a Mitigated Negative Declaration, Statcmcnt of Overriding ConsideratHlns and a Mitigation Monitoring Plan (Comment letters attached as Exhibit A and MMP attachcd as Exhibit B). Resolution authorizing initiation of application to annex the Misston PeaklFal10n Crossing and Fredrich Properties to thc City of Dublin and the Dublin San Ramon Services District Annexation No 16 (Map and legal description of boundarics attached as Exhibit A). Rcsolution approving a Prc-Annexation Agreemcnt bctween City of Dublin and Standard Pacific Homes Annexation No 16 (Agreement attached as Exhibit Al. Ordinance prezoning the Fallon Crossing project site to Planned Devclopment District and approv1l1g a related Stage 1 Development Plan. Project Area Map Fallon Crossing Stage 1 Development Plan suhmission Mitigated Negative Deelarahon (distributed under separate cover ). Planning Commission Resolution No 06-11 recommending City Council adopt a mitigated negative declaration. Planning Commission Resolution No. 06-12 recommending City Council adopt an ordinance approvmg a Planned Devclopment Prezoning and Stage 1 Development Plan. Planning Commission Resolution No. 06-13 recommending City Council dircct Staff to file an application with the Alamcda County Local Agency Formation Commission 3 4 5 6 7 8. 9 10 Page I of9 0.1 G:\P..\#\2004\04.016 Mission Peak ~ Standard Pacitic\CC\CCSR fallon l ,ro5sing 5-1(,-06,dnc ITEM NO. RECOMMENDATION: :lw FINANCIAL STATEMENT: (LAFCo) for annexation to the City of Dublin and the Dublin San Ramon Scrvices District. II Draft Planning CommIssion minutes of April 25, 2006. 12. Planning CommIssIOn staffrcport dated April 25, 2006 (without the attachments). 1. 2. 3. Open public hearing; Receive Staffprcsentation; ReceIve teshmony from the Applicant and the Property Owner; Close public hearing; Deliberate; Adopt Resolution approving a mitigated negative declaration, statement of overriding conslderahons and a mitigation momtoring plan; Adopt Resolution authorizing initiation of Application to Annex the MiSSIOn Peak/Fallon Crossing and Fredrich Properties to thc City of Dublin and the Duhlin San Ramon Services District Annexahon 16, Adopt Resoluhon approving a pre-annexation agreement between the City of Dublin and Standard Pacific Homes Annexation No. 16, and Waive reading and introduce the Ordinance prezoning the Fallon Crossing project site to Planned Development district and approving a related Stage 1 Development. 4. 5. 6. 7. 8. 9. No financial impact DESCRIPTION: The prOject area includes approximately 73.97 acrcs (sec Project Area Map helow). It includes two properties held by two separate owners as shown m Tahle 1 below with 67.8 acres (or over 90% of the land) under one owncrship. Standard Pacific Homes (Standard PacJfic Corporation) is thc owner of the larger parcel currently known as Fallon Crossmg and formerly known as Mission Peak. The annexatJon application and prezoning has been initiated by this owner The other property consisting of the Fredrichs 6.17 acres is owncd by Thomas Fredrich. As it is yet to be annexed, the project arca is located within the tmincorporated area of Alameda County within the City's Sphere ofInfluenee (SOl) near the northeasterly City limits. The project area is generally located northeast of the Tassajara Road and Fallon Road mtersection. Tassajara Road and an unnamed cast fork drainage tributary of TassaJara Creek run north to south through the area and divide the two land holdings. The Fredrich property lies west of Tassajara Road and Fallon Crossing is to the east. The project area is bounded: a) to the north of Fallon Crossing by hIgh hills of unincorporated rural acreage withm unincorporated Alameda County (Moller Property) and the unmcorporated Vargas property north of the Fredrich propcrty; b) to the east unmcorporated area which is part of the Duhlin Ranch Project (Lin Family holdings); c) to the west by the recently annexed Dublin Ranch West (formerly Wallis Ranch acquired by the Lin Family), including Tassajara Creek; and d) to the south hy Dublin Ranch West panhandle west of Tassajara Road and Silvena Ranch/Pion Brothers Page 2 of9 property, a residential project of approximatcly 250 units currently under construchon, east of Tassajara Road. Improvements are limited to a well and pump house on the Fallon Crossmg property and a single family resIdence wIth ancillary agriculture~related structures on the Fredrich property The east fork of Tassajara Creek which divldes the two propertles IS vegetated with dense trees, shrubs, and ground cover but also supports sparse riparian vegetation. tlltl! ,;1i$;lf<'Wi:f' - T 8ITI \ ~. ... .'{- L:_:~-~ ~~'- ~c...-'~" I ,.. I I 4/--' ,"" b " ~ The project area generally consists of vacant hillside and non-nahve annual grasslands. Fallon Crossing is characterized hy high hills lD the north and east and lower hills in the southeast. A natural drainage area slopes generally to the wcst and southwest toward the east fork tributary of TassaJara Creek. The proposed location for residential development IS the gently rolling or more level area in the southwest of the site cast of Tassajara Road. Smaller patchcs of native perennials may be found on the north-facmg slopes. The Fredrich property has a low hilltop servmg as the site of the existing residence. The property generally slopes to the southeast and southwest towards the junction of Tassajara Creek to the west and its cast fork tributary that divides it from Fallon Crossing. The annexation property is currently zoned for agriculture by Alameda County. Since the property is wlthm the City's Sphere Of Influence It also has been meluded in the General Plan and Eastern Dublin Specific Plan Area for planning purposes. Since the proposed prezoning and Stage 1 Planned Development plan are consistent with the existing land uses, amendments to the General Plan or Eastern Dublin Specific Plan would not be required. The two properties ineluded within the area proposed for annexahon and prezoning arc listed in Table I below Table 1 shows, for each parcel, the Assessor Parcel Nmnbcr (ArN), owner's nan1e, acreage, location, and thc owner's position on the anncxation. Page 3 of9 Table 1: Properties within the Project Areal Annexation Area 985-0002-00 I 0847 Tassajara Road 07.XO ac Standard Pacific Homes Fallon Crossing Fredrich Yes Ves 985-0004-002.03 6R47 Ta..ajara Road Total: 6.17 ac 73.97 ac The proposed Project includes: 1) Approval of a Mitigated Negative Deelarahon; 2) Prezonmg of hoth properties for annexation to the City of Dublin; 3) Approval of a PO-Planned Development Zoning District with related Stage 1 Development Plan; 4) Application for Annexation of both properbes to the City of Dublin and to the Dublin San Ramon Services Dlstnct (DSRSD); and 5) Pre-Annexation agreement with Standard Pacific Homes (Attachmcnt 3, Exhibit AI. General Plan and Eastern Dublin Specific Plan Consistency: The propertIes lie wltJun two subareas of the Eastern Dublin Specific Plan - Tassajara Village subarea west of Tassajara Road and the Foothill Residential subarea east of Tassajara Road. The propertIes are idcntified in the initial Eastern Dublin Specific Plan as the Herrera property (currently the Fredrich Property) and Mission Peak Homes (currently Fallon Crossing), owned by Standard Pacific Homes. Since the adoption of the inihal Eastern Dublin Specific Plan, precise aligrunents have been established and roadway dedicatcd from the Fallon Crossing property for the TassaJara Road and Fallon Road right-of- way The proposed development for the residual Fallon Crossing property is consistent with the applicable General Plan and Eastern Dublin Specific Plan designations for resldenbal, rural residential and opcn space. Fallon Crossmg IS proposed to be a residential neighborhood of 103 single family detached homes with requisite open spaec, pedestrian corridors, infrastructure, and landscapmg. No improvements arc proposed for the Fredrich property at this time; however, the land use dcsignation of Medium High DenSIty Resldenbalm the General Plan and Eastern Dublin Spceifie Plan, would allow future apphcatlOn for 47 to 85 residcntialtmits and Ncighborhood Commercial development. However, a significant portion of the NeIghborhood CommerCIal deSIgnated property is impacted by a creek bed and special specIes status. It is a situation that is similar to Wallis application that the City Council approved prcviously, in that the Neighborhood CommercIal land use designation will be eliminated when development IS proposed on the Fredrich property Access to the Fallon Crossing project would be from a new two-lane road that will extend east of Tassajara through the development creatwg a four-way intersection at Fallon and Tassajara Roads. The Fallon Crossmg prOject refines the Eastern Dublin Specific Plan in two areas: 1) development would not extend into the 30% slope area near the northwest boundary of the property as allowed with Rural Residential land use designation, and 2) a 100-foot setback from the top-of-bank on the east fork of Tassajara Creek has been mcorporated into the project design. The Planned Development (PO) prezoning and Stage 1 Development Plan reflects the land use designatIOns and general layout of public improvemcnts shown in thc General Plan and Eastern Dublin Specific Plan. The steeper slopes and rjdgclines on sitc arc designated as open space. However, remedial grading may extend beyond the proposed development envelope. There are two constructed pond features on site. One is loeatcd in the northeast area of the sIte close to the creek. The other is located half way into the intermittent drainage way at the hase of the hillsidc and fed by seasonal seeps. Both were recently constructed as a mlhgation measure for sensitive or endangered species habitat since special status ammals could potentially be found on site. Both ponds will he Page 4 of9 preserved in their eXlstmg condihon and neither will be disturbed by the proposed development. BIOlogIcal assessments were conducted as part of the environmental assessment. No identified wetlands arc located within thc proposed project and no special or endangered plant species were idenhfied on the project site. No biological resource analysis was undertaken for the Fredrich property but would bc required if a development application is submitted. ANALYSIS: Annexation The prOject sIte IS currently wlthm unmcorporated portion of Alameda COlmty and within the Sphere of Influence (SOl) for thc City of Dublin as established by the Alameda County Local Area Formation CommIssIon (LAFCo). The LAFCo IS a State mandated local agency that oversees boundary changes to cities and specml districts, the formation of new agencies including incorporation of new cities, and the consolidation of existing agencies. Although currently outside the City limIts, the City has planned for the eventual annexation of this area through the General Plan and the Eastern Dublin Spccific Plan, ineluding the number of residential units anticipated and the project population which will reside in those units. The majority land owner, Standard Pacific Homes, has requested annexation prior to proceeding with development. The Fredrichs have also consented to the annexatIOn. Following annexation, the City would have jurisdiction and authority over plan approvals, and the project will be serviced by tlle City and the analogous service distllcts. Also requested is annexation to the Duhlin San Ramon ServIces District (DSRSD) which serves that portion of the City with water and sewer services. The area already is within the SOl of the DSRSD The application for annexatIOn (or reorganization, as referenced by LAFCo) ineludes a list ofspeclfic requIrements with the most signi fieant bemg: 1) prezomng by the City, and 2) a mumclpal servIces plan. The adopted prczoning must be consistent wIth the City's General Plan. With reference to the annexation, the current action before the City Council is to considcr a resolution authorizing Staff to initiate an application to LAFCo for the annexations of the 73.97-acre project area to the City of Dublin and the DSRSD The proposed annexatIOns are consistent with City's planning efforts and would provide for the logIcal and orderly extension of urban services to the eastern portion of Dublin. Planned Development PrezoninglStage 1 Development Plan The proposed Planned Development District with Stage 1 Development Plan will serve as the prezoning prerequisite for annexation. Proposed Stage I land uses consistent with the land use designatIOns for both the General Plan and the Eastern Dublin Specific Plan are shown as follows for the Fallon Crossing property; thc Stage I Devclopmcnt Plan lor thc Fredrich property reflects existing residential and agricultural uses: Table 2: Proposed Prezoning (in net acres) FALLON CROSSING .--."".-.. . ..- Planned Develo rnent Sin Ie Famil Residential N~borhood Park en S ace RIght-of-Way- Fallon Road Tassa' ara Road ~~QI!osed Prezonin acres Densi Units Subtotal 19.5 1.0 46.8 .5 67.80 5.3 n/a n/a n/a 103 n/a n/a n/a 103 FREDRICH PROPERTY Existin Residential A 'culture Subtotal 617 6.17 73.97 1 Grand Total 104 Page 5 of9 Note: The acreage figure for Fallon Crossing will be further defined with the submittal of a Tentative Tract Map. The annexahon area would he pre-zoned PO-Planned Development District. The related Stage 1 Devclopment Plan spccifies the intent, intcnsity of use, permitted uses, and conditional uses for the properties adopted through the prezoning ordinance consIstent wIth the land use designations idcntified in the General Plan and Eastern Dublm SpecIfic Plan. The Stage 1 Devclopment Plan includes: the development concept, permitted uses, conditional uses, general development standards, project access & cireulation plan, phasing plan, conceptual landscape plan, and master infrastructure plan. The Stage 1 Development Plan for the Fredrich property provides for contmumg the existing uses. The entire 73 97- acre area, including the smaller Fredrich property, will be subject to prezoning and the Stage 1 Planned Development Plan. Fallon Crossmg proposes to develop as one phase 103 units of single family residential development with associatcd infrastructure, open spacc, and environmental protection features. One amenIty IS a 1- acre linear park north of the proposed residential development and along the lmnamed creck corridor at the base of the slope and along the east fork of Tassajara Creek. The park will inelude a pedestrian trail, sitting areas, small play areas, and native landscaping. This park will provIde a passive recreation area for neighborhood reSIdents. Grading will be required to proVIde building pads, road, and proper drainage. Some off-site grading of an existing hillside on the property south of the projcct sitc will be required to meet the slope ratio standards of the Eastern Dublin Specific Plan. Other hillside grading on site will be requIred to provide suitable slope ratios and correct soil conditions. Grading of the site is proposed to take into consideration the hilly terrain. Wherever possible, development would be contoured to hillsides in order to avoid excessive cuts and fills. To minimize vIsual impact, most of the residential dcvclopment would be tucked behind the ridgeline visible from Fallon Road. Only.8 acres ofthc proposed 19.5 acres ofsmgle-family development will have slopes in excess of 30'Y.. The proposed open space configumlion would enhance the natural CI1vlfonment hy preserving hillsIdes, creek corridors, and wildlife habitat. A detention basin system is proposed north of the I-acre hnear park near the unnamcd tributary of Tassajara Creek. All surface runoff from the developed areas of the site will be discharged into this system which also would inelude a ncarby water quality pond. A descnption of project clrculahon is a requirement of the Stage 1 PO zoning. Tassajara Road currently is a two-lane road cxtending from Dublin Ranch over the hills and across mto Contra Costa County It is well-traveled, but requIres upgrading to support development. The Eastern Dublin Specific Plan plans for Tassajara Road to eventually bc cxpandcd to six lanes. Fallon Road ends at a T-mterseetion at Tassajara Road. Fallon Road will be constructed south of the project site as a condition of approval for tlle SilvenaIPmn Brothers project. VehIcular and pedestrian access to Fallon Crossing will be from both Tassajara Road and Fallon Road. Tassajara Road frontage improvements and mtersecl10n Improvements at the crossing of these two streets would be completed with tIus project. A separate traffic analysis by TJKM was prepared and submitted to address circulation and traffic impacts to the area that result from the project. ThIS Item IS ineluded as an appendix to the Mitigated Negative Declaration. Tassajara Road and Fallon Road are currently identified by the City as scenic corridors with standards for preserving VIews of scemc ndgelines and knolls from the corridor. Compliance wIth these standards will bc reviewcd with thc Stagc 1 Deve\opmcnt Plan. A large portion of Fallon Crossing, 46.8 aercs (or 69% of the property), will be permanently preserved as open space. Most of this area is steep slope and Page 6 of9 VIsually sensihve ndgehnes. The open space and hillside areas will be owned and maintained by a homeowners association. The creek bank and corridor will be subject to a creek hank restoratlOn and stabilization plan. Vegetation in the east fork tributary of TassaJara Creek would remain after development of the property The Applicant has submitted a conceptual landscape plan and streetscape plan which addresses typical lot layout, plant palette, parks and trails, open space and the creek bank stabilization and rcstoration plan and IS meluded 10 Attachment 6. The development concept for the area strives to preserve the natural environment and create a community that is compatible with the natural terrain. A more detailed site plan, specific development standards, and a Site Development Review with design criteria will bc submitted with the Stage 2 Development Plan following annexation. Upon annexation, the Stage 1 PO would become City zoning. No development would be approved pnor to approval of a Stagc 2 Development Plan adopted by the City identifying regulations for the Improvement and ma)l1tenance of the property in accordance with Dublin's Zoning Ordinance. A Stage 2 Plan would not be approved until aftcr annexation and would come before the Plannlllg CommIssion and City Council. Pre-Annexation Agreement The goals and policies of the Eastern Dublin Specific Plan require annexation and new development to be revenue neutral. A Pre-Annexation Agreement is required by the City prior to its agreement to rcquest LAFCo's approval for annexation. Only Standard Pacific Homes will be a party to the Pre-Annexation Agreement. Tn this case, Pre-Annexation Agreement is based on the advance payment, or reimbursement of funding for the area improvcments with emphasis, among other terms and conditions, on the fire station, fire impact fees, development impact fees, and off-site or regIOnal Improvements such as the Fallon Road/I-580 Interchange improvements. The Pre-Annexahon Agreement is ineluded with this staff report as Exhihit A to Attachment 3 ENVIRONMENTAL REVIEW: Thc annexation and prezoning project is in Eastern Dublin and the Eastern Duhlin Specific Plan area, which was the subject of an Environmental Impact Report, cerbfied hy the City Council on May 10, 1993 (SCH # 91103064, Resolution 51-93, incorporated herein by reference, hereafter "Eastern Dublin EIR"). The Eastern Dublin EIR is a program EIR that anticIpated several subsequent actions relatcd to future development )11 Eastern Dublin. The EIR idenhfied some impacts from implementation of the General Plan/Specific Plan that could not be mitigated. Upon certification of the EIR, the City adopted a statement of overriding consldenlhons for such Impacts. Pursuant to the Communities for a Better Environment case, the City Council will be required to adopt a new Statement of Overriding Considerations for SIgnificant unavoidahle impacts identificd by the Eastern Dublin ErR as applicable to the proposed project. The City also adopted a mitigation monitoring program, which included numerous measures intended to reduce impacts from the development of the Eastern Dublin area. The timing for implementation of these mlbgation measures is summarized in the adopted Mitigation and Monitoring Program matrix. As further discussed below, the City proposes to approve a Mitigated Negative Declaration for the current project. ConsIstent WIth the Dublin General Plan and Eastern Duhljn Specific Plan, the current project proposes annexation of approximately 73.97 acres to the City and DSRSD, and approval of a Planned Devclopment District prczoning with related Stage 1 Development Plan. The project area consists of thc 67.80 acre Fallon Crossing property and the 6.17 acre Fredrich property The PO prezoning and Stage 1 Development Plan propose future development of 103 single family homes on an approximately 1'.1.5 acre portion of the site, with the remaJllder of the sIte proposed for open space and park uses. No development Page 70f9 is proposed on the Fredrich property; the Stage 1 Development Plan would provide for continuation of the existing rcsidential uses. The City prepared an ImtJal Study dated February 9, 2006 to determine whether there would be supplemental environmental Jmpacts occurring as a result of this project beyond or differcnt from those already addressed in the Eastern Dublin EIR. The Imtial Study reviewed the proposcd Stage 1 Development Plan site plan and also reviewed updated biologIcal and traffic studies for the development. Based on the project description which retams more than two-thirds of the site in open space, and the updated techmcal studies, the Initial Study determined that the Fallon Crossing project could result in significant but mitigatable site-specific impacts. Beeausc no development is proposed for the Fredrich sitc, no impacts were Identified for that portIon of the project. A Mitigated Negative DeclaratIOn was prcpared for the project and circulated for public revIew from February 14, 2006 to March 16,2006. The City received three comment letters. Although CEQA does not require wntten responses to comments on a Mitigated Negative Declaration, the City prepared brief responses to the comments it received, as summarized below. The comment letters and responses arc ineluded m the attached draft resolution recommending adoption ofthe Mitigated Negative Declaration (Attachment 1 ). 1 Caltrans letter dated March 2, 2006. Caltrans notes that all work within the state right-of-way requires state approval. 2. Zone 7 letter dated March 7, 2006. Staff notes that the project meludes a proposed detenhon hasin that IS mtended to control peak runoff rates and ensure no net increase in runoff dramage from the project. As a feature incorporated into the project itself, the detention basin does not also nced to be identified as a mitigation measure. Staff also notes that the Projcct will be required to consult with Zone 7 on coordination with theIr flood control facilities. 3 Alameda County Pubhc Works Agency letter dated March 21, 2006. Staff notes that the Project will be required to rcstore eonstruchon damage to county roads and that the proposed detcntion basin will control downstream erOSIOn and flooding by holding runoff onsite for controlled release. DeSIgn level hydrology reports and plans will be required prior to development permits and will be revIewed by the County Flood Control District as well as the City Staff carefully reviewed the comments and determined that they do not raise any Issues regarding the adequacy of the Mitigated Negatlve Declaration. Staff recommends adoption ofthe draft MND as set forth in Attachmcnt 1 Inelusiouary Zoning/Affordable Housing The project would be required to comply with the City's Inclusionary Zoning Ordmanee for affordable housmg. This provision requires new residential projects to offer 12.5% of the units within the new residential project as affordable. The standards also allow for payment in-lieu of construction up to 40% of the requIred affordable units. Fallon Crossing proposes to provide eight (8) affordable units, and pay an in-lieu fce for the remamder of their obligation. No agrcements are currently in place whlch would satisfy the affordahle housing requirements for either property. However, compliance would be required when each property dcvc1ops, and an arrangement would be agreed upon prior to approval of the Tentative Tract Map and Site Development Revicw Planning Commission Action The Planning Commission at theIr meeting of April 25, 2006, considered the Mitigated Negative Declaration, a prezonmg Ordinancc adopting a Stage 1 Planned Development Plan and a recommendation directing Staff 10 filc an application WIth LAFCo to annex these propcrties. Page 80f9 The Planning CommissIOn unanimously recommended that the City Council consider approving the Mitigated Ncgative Declaration (Attachmcnt 8), adopting an Ordinance approving a Stage 1 Planned Devclopment Prczoning (Attachment 9) and directing Staff to file an application with LAFCo for the subjcet propcrties (Attachment 10). The minutes of the April 25, 2006 Planning CommIssIOn meeting are jneluded as Attachment II Public Noticing In accordance WIth State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project, to advertIse the project and the upcoming public hearing. A public notice was also published in the Valley Times and posted at several locations throughout the City CONCLUSION: The proposed prezoning to Planned Development (PD), annexation, and Stage 1 Development Plan is consistent with the General Plan and the Eastern Dublin Specific Plan and is in the public intcrest by minimizing slope disturbance and protecting natural drainage areas. The Stage 1 Planned Development prezoning will ma1l1tam scemc comdor quahhes, and enhance the natural environment. It also serves as prezoning requircd for the annexation application to LAFCo. The Mitigated Negative Deelaration recommended for adoption by the City Cowlcil addresses the envlfonmental impacts associated wlth the proposed project through previous environmental documentation, and mitigation measures specific to the proposed project. Thc rcquested anncxation area is within the City's Sphere of Influence (SOn and represents a logIcal step towards incorporation of the SOl area. RECOMMENDATION: Staff recommends that the City Council. I) Open public hearing; 2) Receive Staff presentation; 3) Receive testimony from the Applicant and the Property Owner; 4) Close pubhc heanng; 5) Deliberate; 6) Adopt Resolul1on approv1l1g a mItigated negative declaratIOn, statement of overriding considerations and a mitigation monitonng plan (Attachment 1 l; 7) Adopt Resolution authorizing initiation of application to annex the Mission Peak/Fallon CrosSlllg and Fredrich Properties to the City of Dublin and the Dublin San Ramon Services District Annexation No. 16 (Attachment 2); 8) Adopt Resolution approving an pre- annexation agreement hetween the City ofDuhlin and Standard Pacific Homes Annexation No. 16(Attaelunent 3); and 9) Waive reading and introduce the Ordinance prezoning the Fallon Crossing project sIte to the Planned Development dlstnct with a related Stage I Development Plan (Attachment 4). Page 9 of9 RESOLUTION NO. -06 \OtJII A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ******************************************** ADOPTING A MITIGATED NEGATIVE DECLARATION, STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING PLAN FOR THE FALI,ON CROSSING PROJECT PA 04-016 WHEREAS, Standard PacIfic Homes has requested aDllcxation to the City and DSRSD, and approval of a Planned Development prezomng and related Stage 1 Devclopment Plan on a vacant 67.8 acre site known as thc Mission Peak property and located northeast of the intcrscction of Tassajara Road and Fallon Road. The residential projcct consists of 103 single-family delachcd homcs on 19.5 acrcs of the SIte and a I-acre Imear park. The anncxation and prezoning request also 111cludes thc 6.17 acrc Frednch pmperty The annexation and prezoning rcquests are collectively referred to as thc "Projcct" or "Fallon Crosslllg proJ eel", and WHEREAS, the Project site is 10catcd north of the Pilil Brothers/Silveria Ranch rcsidcntial subdIVISIOn on the east sIde of Tassajara Road, which is currently under construction, and southeast ofthc Dublin Ranch West/Wallis resldenhal project on the west side of Tassajara Road. Other surrounding land uses inelude vacant agricultural land to the north, west and cast; and WHEREAS, the Project sIte IS III Eastern Dublin for which the City adopted the 1993 Eastern Dublin General Plan Amendment and Specific Plan to provide a comprehensive planning framework for future development in the area. In connection with this approval, the City eertificd a program EIR pursuant to CEQA GUIdelines sechon 15168 (SCH No. 91103064, Resolution 51-93, hereafter "Eastern Dublin EIR") that is available for review m the City Community Devclopment Department and IS incorporated herein by refercncc. Thc Eastern Dublin EIR was mtegral to the planning process and exarmned the direct and indirect effects, cumulative impacts, broad pohcy alternatives, and arcawide mitigation measures for developmg Eastern Dublin. The Eastern Dublin EIR Identified significant unavoidable impacts from development of Eastern Duhlin, somc of which would apply to the Project. Pursuant to the Communities for a Better EnvHonment case, any Council approval ofthe project must be supported by a new Statement of Ovemding Considerations with respect to these previously identified impacts; and WHEREAS, the Eastern Dublin EIR Identified potentially significant envHonmental impacts and rclated mitigation measures, which the City adopted together with mitigation [mdings and a Mihgation Monitoring Program (Resolution 53-93) The mitigation measures and monitoring program conhnue to apply to development in Eastern Dublin, and WHEREAS, the City prepared an Initial Study dated February 9, 2006 for the Project consistent with CEQA GUIdelines seehon 15162 to determine if additional envIronmental review would be required beyond the previously adopted Eastern Dublin EIR. Based on the Initial Study, the City prepared a Mitigatcd Negative Declaration dated February 14, 2006 ("Draft MND"). The Draft MND IS a separately bound document availahle at the Dublin Community Development Department and is incorporated herem by reference; and lo, \ ~-II..o-OI.p Attachment 1 ;;) c'o \ n WHEREAS, the Draft MND was cIrculated for public review from February 14,2006 to March 16,2006 The City receIved two letters commenting on the Draft MND; one additional letter was received after the close of the pubhc comment penod. Although not required by CEQA, the City prepared written responses to the comments. The comment letters and related responscs are attached as Exhibit A, and incorporated hcrein by reference; and WHEREAS, the Draft MND, the three comment letters and related responses eollectivcly comprise the Mitigated Negative Declaration ("Mitigated Negative Deelaration") for the Project; and WHEREAS, a staff report, dated April 25, 2006 and incorporatcd herein by reference, described and analyzed the Mitigated Negative DeclaratIOn and the Project for the Planning Commission; and WHEREAS, the Plannmg CommlssHm revIewed the staff report and the Mitigated Negative Dcelaration at a noticed public hearing on Apn I 25, 2006, at which timc all illtcrcstcd parties had the oppOltunity to be heard, and approved Resolution 06-_ recomm~nding adoption ofthe Mitigated Negative Declaration, which resolution IS lllcorporated herem by relerenec, and WHEREAS, a staff report dated May 16, 2006, and lllcorporated herein by rcfcrcncc, dcscribed and analyzed the Mihgated Negative Declaration and thc Project for the City Council; and WHEREAS, thc City Council reviewed the staffreport and the Mihgated Negative Dcclaration at a noticcd public hcaring on May 16,1006, at which time all interested parties bad the opportunity to bc heard; and WHEREAS, the location and custodian of the Mitigated Negahve Declaration and othcr documents that constitute the record ofproccedings for the Project is the City of Dublin Community Development Department, 100 CiVIC Plaza, Dublin, CA 94568, filc PA 04-016. NOW, THEREFORE, BE IT RESOLVED that the foregomg recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED THAT the Mitigated Negative DeclaratJon consists oCthe Draft MND dated February 14, 2006, and the three comment Ictters and related responses, attached as Exbihit A. BE IT FURTHER RESOL VED THAT the City Council hereby finds as follows. A. The City CouncIl revIewed and considered the Mitigated Negative Declaration prior to approving the ProJect. B. The Eastern Dublin EIR and the Mitigated Negative Declaration adequately describe the impacts of the Project. Project specific cnvironmental effects have been analyzed in the Initial Study/Mitigated Ncgative Dcelaration which determined that the Project will not have a SIgnificant effect on the enVlronment with the application of mitigation measures identified in thc Eastern Dublin EIR and the Mitigated Negative Declaration. There is no substantial eVIdence m light of thc whole record before the City that the Project as mlhgated will have a significant effect upon the envIronment. C The Mitigated Negahve Declarahon has been completcd in compliance with CEQA, the CEQA Guidelines and the City of Dublin EnVIronmental Guidelines. 2 3Db\ \I D The Mihgated Negahve DeclaratIon is complete and adequate and reflects the City's independent judgment and analysis as to the envIronmental effects of the proposed annexahon and prezoning Projcct. BE IT FURTHER RESOLVED that based on the above findings, the City Council adopts the Mitigated Negahve DeclaratIon for PA 04-016, as dcscribed above, including the mitigation measurcs identified therein. BE IT FURTHER RESOLVED that the City Council adopts the following Statement of Overriding Considerations for slglllficant unavoidable impacts identified in the Eastern Duhlm ETR that apply to thc Projcct. Statement ofOvemdmg ConsIderations 1. Genenll. PursuaTlt to CEQA Guidclincs section 15003, the CIly COlll1cil ofthc City of Dublin adopted a SlatemenlofOvemding COTlsidcrations for thosc impacts idenll1led 111 the Eastern Dublin E1R as slgmficant and unavOIdable. (Rcsolution 53-93, May 10, 1 'N} ) The CIly Council carcfillly considcred each impact 111 its dceision to approvc urbanization of Eastern Duhlmlhrough approval of the Eastern Duhhn General Plan Amendment and Specific Plan project. fhe CIty Couneil is currently eonsidcring the MiSSIOn Peak and Frednch annexal10n and prezoning projcct, P A 04.0 I (j A.lthough the City Council adopted a Statement ofOverridmg ConsIderations with the original land use approvals for urhamzatlOTl 01' Eastcrn Dublin, pursuant to a recent court deCISIOn, the City Council hcrcby adopts specIfic ovemdmg considerations lor the Project.' Thc City Council believes that many of the unavoidable env1f(1I1mental effccts identified in the Eastern Dublin ElR that arc applicable to the Project will be substanhally lessened by mitigation measures adopted with the original approval and by mitigation measures adopted through the Project. Even with mltigahon, the City Council recognizes that the implementation of the project carri.es with it unavoidable adverse environmental effects as Identified III the Eastern Dublin EIR. The City Council speclfically finds that to thc extent that the idcntified adverse or potentially adverse impacts for thc Project have not been mItigated to acceptahle levels, there are spccific cconomic, social, envIronmental, land usc, and other consIderations that support approval ofthe Project. 2. Unavoidable Sil!nificant Adverse Impacts. The following unavoidable significant environmental impacts identified III the Eastern Duhlin EIR for futurc dcvclopment of East em Duhhn apply to the annexatIOn and prezolllng pn'Ject. Land Use Impact 3 IfF. Cumulative Loss of Agricultural and Open Space Lands; Visual Impacts 3.8/8, Alteration of Rural/Open Space Character and 3.8/F, Alteration of Visual Character of Flatlands. Future development of the vacant Project site will contribute to the eumulativc loss of open space land. Traffic and Circulation Impacts 3.3/B, 3.3fF 1-580 Freeway, Cumulative Freeway hnpaets: Future development ofthe Project will contribute to the unavoidable freeway Impacts idcntified in the Eastern Dublin ETR_ Community Services and Facilities Impact 3 4/S Consumphon of Non-Renewable Natural Resources and Sewer, Water; and Storm Drainage Impact 3.5/F, H, U Increases in Energy Usage Through Increased I' _public officials must still go on the record and explain specifically why they are approving the later projecl despite its significant unavoidable impacts," (emphasis originaL) Communities for a Belter Environment v. California Resources Aqencv 103 Cal,App, 4th 98, _.__ (2002). 3 y~\\\ Water Treatment, DIsposal and Operal1on of Water Distribution System: Future developmcnt of the Project will contribute to increased energy consumption. Soils, Geology, and SeIsmicity Impact 3 6/B Earthquake Ground Shaking, Pnmary Effects: Even with seismic dcsign, future devclopment on the Project site could be subject to damage from large earthquakes. Air Quality Impacts 3 IliA, B, C, E. Future development orthe Project will contribute to cumulative dust deposition, construction equipment emissions, mobile and stationary source emissions. 3. Overridine: Considerations. The City Council previously balanced the benefits of the Eastern Dublin project approvals agawst the slgmficant and potentially significant adverse impacts identificd in the Eastern Dublin ElK The City COUllCtl now halances thosc unavoidable impacts that apply to futurc developmcnt on thc Projcct site against its benefits, and herehy dctcrffiines that such unavo1(\ahk Impacts are OlltweJghcd hy thc bcncfits ofth~ Projcct as fUl1her sel forth hc10w Thc Mission Pcak portion of the Project woul,1 resLlll in constnwtion ofho\1sing, therehy mcreasmg thc City's housing opportunities as envisioned in the General Plan and its HO\1sing Element, and also providing construction jobs. Thc Mission Peak deSIgn <ICCOlLlltS lor scnsitivc topographIc and hlOloglcal resources on the sIte hy locating thc rcsidcnccs in flatter areas near Tassajara Road and retaining approxImately two-thIrds of the sitc in opcn space. AnnexatIon and prezoning of the Fredrich site IS consIstent wIth the goals ofthe General Plan and Eastern Dublw SpecIfic Plan tor future development based on City and urban level servIces. BE IT FURTHER RESOLVED that the City Council adopts a Mihgal10n Monitoring Plan dated April 2006, attached as Exhibit B and incorporated herein by rcference. PASSED, APPROVED. AND ADOPTED this 16'h day of May, 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST City Clerk (i:\PA#\2oo4\o4-o1b Mission Pt:ak - Stlmtlnrd Pacific\CC\Fallon Crossing (~ity (:nuTlcil (:EQA Re::s(J.OOC 4 III" ~\~~, f?>o;..-- -~', . \ COUNTY OF ALAMEDA PUBLIC WORKS AGENCY DEVELOPMENT SERVICES DEPARTMENT '151 Turner Conn, Room 100 Hayward, CA 94545-2698 (510) 670-6601 FAX (5tOl 670-5269 S 00\\'1 March 21, 2006 Janet Harbin Senior Planner Community Development Department City of Dublin 100 Civic Plaza Dublin, CA 94568 Dear Ms. Harbin: Subject: Fallon Crossing/Standard Pacific Homes - Notice oflntent to Adopt a Mitigated Negative Declaration Reference is made to your transmittal of February 14, 2006, of the Notice oflntent to Adopt a Mitigated Negative Declaration for the Fallon Crossing Development Project, located on approximately 67.8 acres ofland on the east side of Tassajara Road and 7.9 acres ofland on the west side of Tassajara Road, south of the Alameda-Contra Costa County line in unincorporated Alameda County We have reviewcd the submitted document and offer the following comments: 1 From this, and other proposed development projects along Tassajara Road it appears that the entire length of Tassajara Road within Alameda County is to be annexed by the City of Dublin. Verify that annexation will not leave short sections of Tassajara Road in the unincorporated County area. 2. Restoration/repair of County roadways due to damage caused by construction traffic will be required. Truck haul routes need to be designated. 3. Although the project site is located in Zone 7, nmoff ultimately drains to the Alameda Creek Federal Project in western Alameda County This flood control facility is maintained by the Alameda County Flood Control District. The District is concerned with augmentation in runoff from the site that may impact flow capacity in the Federal Project and in the watercourses between the site and the Federal Project, as well as the potential for nmoff from the project to increase the rate of erosion along those same watercourses that could cause localized damage and result in deposition of silt in the Federal Project. There should be no augmentation in runoff quantity or duration from the project site that RECEIVED MAR 2 3 2006 TO SERVE AND PRESERVE OUR COMMUNITY EfHfiftt~ING Ms. Janet Harbin 2 lo l'b\\l March 21, 2006 will adversely impact downstream drainage facilities. The Distnet should be involved in the review of the project hydrologic and hydraulic models, including the design of any detention ponds that may be necessary Thank you for the opportunity to review the Notice of Intent to Adopt a Mitigated Negative Declaration for this project. If you have any questions, please call Andrew Otsuka at (510) 670-6613. Very truly yours, Stanley Fung Deputy Director Development Services Department SF.AU ec: Hank Ackerman, Flood Program John Fenstermacher, Real Estate Division James Chu, Road Department Arthur Carrera, Traffic Engineering Tom Hinderlie, Maintenance & Operations Fred Wolin, Environmental Services Robert Hale, Clean Water Division Gary Moore, Permits Section '-._F- li'r\ \I _.J ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT --~,~-~ 100 NORTH CANYONS PARKWAY, LIVERMORe, CA 9455' ; PHONE (925) 454-$000 March 7, 2006 Ms. Janct Harbin, Senior Planner City of Dublin Department of Cummunity Development lOO Civic Plaza Dublin, CA 94568 Re: Initial Study (IS) & Notice of Intent to Adopt a Mitigated Negative Declaration (MND) for P A 04-016 Fallon Crossillgs/Stalldard Pacific Homes alld AIlI.exatioll of the Fredrich Property Dear Ms. Harbin. Zone 7 has reviewed the referenced CEQA document in thc context of Zone 7's mission to provide drinking water, non-potable water for agriculture and irrigated turf, flood protection, and groundwater and stream managcment within the LIVermore-Amador Valley Our comments are as follow'. There is an inconsistency in the Hydrology and Water Quality section of the lS/MND between the detemnnation that the project may have an either direct or indircct physical impact on hydrology and water quality and the level of si!,'Ilificance of the impact. Per ltcrn 3 wlder the Evaluation of Environmental lmpacts on the suggested CEQA environmental Checklist Fonu (see Appendix G of the CEQA GUldchnesl, it states the following: "3) Once Ihe lead agency has determined Ihat a particular physical impacl may occur then the checklist answers must il,dicated whether the impact is potelltia/(v sigllificant, less than significallt with miligation, or less than significant Thercfure, a "No Impact" determmation demonstrates that thc project will not have an either direct or mdirect physical impact tu the environment, in this casc un hydrology and water quality, and would not require mitigation. In this section of the environmental chcekhst, the "No lmpact" hox was checked for all items. This is incunslstent with the detailcd analysis provided in the IS/MND as some items have l1utigation measures associated with them indicating that there is an impad that requires mitigation. As an example, on page 93, under item (d), it states that "the project would require grading that would change and alter existing drainagc patterns on the site and would increase the amount and rate of surface water runoff that could result in flooding on and off'Sl!c." The project proposes installing a detention basin to minimize the potential for downstream flooding and to meet the water quahty requirements ofthe Alameda Countywide Clean Water Program's NPDES pennit. Without this detention basin, the proposed project will have a potentially significant impact on items (a), (c), (d), (e), and (f) on the checklist Therefore, thc detentIon hasin is also a mitigation measure, in addition to the mitigation measures listed in the IS/MND, that would potentially change the impact from potentially significsnt to "lcss than significant with mitigation incorporated" Throughout the ISIMND, a description ofthc proposed size and intended function of both the detention hasin and outfall structure is providcd. In the last paragraph on page 93, it states that the detention basin will discharge into the unnamed tributary via the outfall at the same rate as the existing pre-proj ect discharge rate. It further states that the downstream facilities including Tassajara Creek and proposed RECEIVEf' MAR 0 9 2006 DUBUN PLANNING Ms. Janet Harbin City of Dublin Deparhncnt of Community Development March 7, 2006 Page 2 Bo~\\\ .J Zone 7 projects adequately handle the existing rate; therefore, there is "No Impact." The ISIMND does not provide supporting information such as, but not limited to the following: how much water and under what storm conditions the basin and outfall are designed for (i.e. 2~, 50-, or I OO~year storms); the existing discharge rate; when and under what conditions discharges will occur; and flow of the unnamed tributary under a lOO-year storm event. "The lS/MND does not provide the supporting hydrologylhydraulic documentation for the design and functIon of the detention basin and outfall structure that leads to the "No Impact" determination Or even a "less than significant with mitigation incorporated" determmation. The Developer should be required to submit proposed plans and supporting reports, data, and information for aJ] its flood and storm water related improvements for Zone 7 review and approval. Thc validity of any existing hydrologylhydraulic Or drainage studies performed as part ofthe Eastern Dublin Specific Plan, may require additional assessment. Since the adoption of the Eastern Dublin Specific Plan, Zone 7 has been working on the Stream Management Master Plan (SMMP), which is an update to Zone 7's 1966 Flood Control Master Plan. Recent findings in the development of Zone 7's SMMP indicate the need for consideration and analysis of the impacts of development to the regional flood control system and the identification of appropriate mitigations. Developers may need to provide hydrologic and hydraulic studies to study the cffeets of increased runoff in the larger context of Zone 7' s regional flood control system and plan for regional wau:r storage. Therefore, during thc interim period, before full implementation ofthe regional water storage plan contemplated by the SMMP, the Developer should consult with Zone 7 prior to undertaking the impact and mitigation analysis. Future improvements to the flood control systcm are planned, thus, it is imperati ve that the Developer provide a technical analysis to identifY any impacts to the regional flood control system that may occur downstream of proposed proj ect in thc intenm peri od. The remaining comments are clarification commcnts on the remaining IS/MND document. 'Throughout the ISiMND, nomenclature of the basin alternatcs between detention and retention basin. As an example, in the I"t paragraph on page 2, a detention basin is proposed. However, the following sentences go On to describe the basin as a retention basin. Therc is an inconsistency between description of the basin' s tunction and the terminology uscd. A detention basin is used to hold water for release at a later period; whereas a rdcntion hasin keeps all water onsite. Based on the description of how the basin functions, this hasin is a detention basin and this term should be utilized throughout the rS/MND On page 89, the last sentence ofthe second paragraph states that "Zone 7 ofthc Alameda County Flood Control and Water Conservation DIstrict is presently tlnalizing plans to stnre treated wastewater withm the aquifer during winter months, which would be pumped out and used for landscape irri.gation during dry, summer months." Zone 7 dues not have any plans to store treatcd wastewater within the aquifer This statement is incorrcct and must he deleted. The first sentence on page 90 and Mitigation Measures 64 and 65 on page 91 states the project shall meet thc watcr quality requirements ofthe City of Dublin NPDES permit and the Alameda County Urban Runot1'Clean Water Program. The watcr quality requirements that the project must meet are that ofthc Alameda Countywide Clean Watcr Program NPDES Mlmicipal Stormwater Permit, in which the City of Dublin is a co-pcrmittee. It IS recommend that the first scntence on page 90 and two mitigation measures be comhined to reflect this clarification. Ms. Janet Harbin City of Dublin Departmcnt of Community Development March 7, 2006 Page 3 cl I'-bl II On page 91, last paragraph under item (b), it states that the project developer would be required by DSRSD to pay draIDagc and flood control fees as a mitigation for groundwater recharge impacts of the project. The proposed project will he suhject to Zone 7's Special Area Drainage 7-1 (SDA 7-1) fees that arc assessed by Zone 7, not DSRSD The SDA 7-1 fees are meant to mitigate for creation of impervious surface area only The SDA 7 -I fee does not does not mitigate groundwater recharge impacts; therefore, this paragraph is incorrect and must be deleted. On page 92, Mitigation Measure 66 states that wrhe project developer shall submit a preliminary creek alignment plan to the resource agencies for the realignment of Tassajara Creek prior to approval ofthe project by the City" Developer shall be required to submit proposed plans and supporting reports, data, and information for this realignment plan and similar plans for Zone 7 review and approval in addition to the appropriate Federal and State regulatory agencies WIth jurisdiction. We appreciate the opportunity to comment on this document. If you have any questions or comments, please feel free to contact me at (925) 454-5036 at your earliest convenience. CC' Karla Nemeth, Environmental & Puhlic Affairs Manager, Zone 7 Joe Seta, Senior Engineer, Zone 7 Jeff Tang, Associate Engincer, Zone 7 DUBLIN SAN RAMON SERVICES DISTRICT -::>:~';:;I',""::" II ~~ :tiP~ !3 r ~ '" ~ ~ -j I:;; , ~;~t~ t/w.H, .<tr.~!~l:t~~""1 \, '";\,, .l'J,vi;E l~~ ,d( , ; ,~:......~~.:". ~"", ~f', IODhlll 1..- 7051 Dublln Boulevard Oublin, CnHfomia 94568 Phone; 925 828 0515 FAX: 9.25 829 l' 80 www.d~rij(i.com March 22, 2006 Ms. Jeri Ram Community Development Dircctor City of Dublin toO Civic Plaza Dublin, CA 94568 SUBJECT- Tract 7586 of Fallon Village Plan Area SB22! Verification of Sufficient Water Supply Dear J eri: This letter provides SB221 velification of sufficient water supply from the DlJblin San Ramon Services District (DSRSD) for service to Tract 7586 in Fallon Village. The Project is included in the District's Urban Water Management Plan and Water Master Plan. DSRSD does have the capability to provide water servke to Tract 7586 in Fallon Village. The providing of services is contingent on installation of water and sewer infrastruc.:ture, payment of fees, and satisfaction of all requirements con tamed in the District Code and implementing District Master Plans, policies, and ordinances. The Distric.:t's 2005 Urhan Water Management Plan Update (UWMP), which was adopted by our Board at its May 17, 2005 meeting, ineludes detailed water service analysis for Tract 7586 of the Fallon Village Development Project. The verification of sufficient water supply included in the UWMP meets the requirements of SB221 The Distlict's water supply is documented in Section 4.0 of the UWMP Historical and projected demands are documented in Section 6.0 Water supply and demand comparisons were conducted in Section 7 O. The comparisons include supply and demands for normal, dry, and multiple dry years. The UWMP indicates that the projected water supply is sufficient for Tra.;t 7586 in Fallon Village. The District can provide scrvice to the project without significantly and adversely affecting the reliahility of water servICe to the District's existing customers. The UWMP was distributed to the City of Duhlin, City of Livermore, Citizens for Balanced Growth. and other parties associated with the "Agreement to Settle Water Litigation By and Between Zone 7 Water Agency, Dublin San Ramon Services District, et. al." The District has received no opposItion to the UWMP Thll D~lblin Slo\fi RlImlllJ 8<:'.1V1ct:1l DIMr!c.t. la.Q PublIc Entlty RECEIVEO MAR 2 3 2006 DUBLIN PLAlIINI"lG ... ....Ms. Jeri Ram March 22, 2006 Page 2 of2 \ \ o:c,l \I This transmittal satisfies the SB221 verification of sufficient water supply for Tract 7586 in Fallon Village. If you have any questions, please call me at your convenience at (925) 875-2255 Si.,= .~ ;letl- ODORA N. BIAGTAN Senior Civil Engineer RNB/es cc: Bert Michalczyk David A. Requa David Behrens Clll'Ow'Flle" :nPFH4 Fltllon ViIII1E~ H:\BN(JD~P"I"\'f'ERMl"J"$\De~loprnenr\f'ltllon Vjlllt2~ E.DP0\5iP..211 Verificlttion.DOC n~_'Ob\ n Responses to Comment Letters Responses to Alameda County Flood Control and Water Conservation District - Letter dated March 7, 2006 Responsc to first three paragraphs: As noted by the District, the "No Impact" boxes are checked m Section VIIT Hydrology and Water Quality of the Initial Study Checklist whereas the boxes "Less Than Significant With Mitigation Incorporated" should have been checked for itcms a), c), and d). Pages R9 to 95 of the Mitigatcd Ncgative Deelaration identify hydrology and water quality Impacts for items a), c), and dl. Mitigation measurcs 56 to 68 are listed to reduce the llnpacls to less than significant levels. Pages 89 to 95 adequately identify and evaluate the potential hydrology and water quality effects of thc project and mitigation measures are provided accordingly to reduce the Impacts to less than significant. Rcsponsc to thc fourth paragraph. The detention basin is part of the project and described in the project description on pages 2 and 5 of the Mitigated Negahve Declaration. The detention basin is not a mitigation measure, but part of the project. The detention basin is proposed by the project applicant as part of the project in response to a potential watcr quanhty and quality impact and docs not need to be identified separately as a mitigation measure. Response to the fifth paragraph: The proposed detentIOn basm meets the standard of the Eastern Dublin Specific Plan, which is to control peak runoff discharge rates. The detention basin meets the standard of no net flow or lDcrease in surface water discharge from the site beyond the amount quantity evaluated m the Eastern Dublin Specific Plan EIR. Per Mitigation Measure 58 of the MND, the project developer will be required to submIt a Master Drainage Plan to the City Engineer for approval prior to the issuance of a grading permIt. Response to the sixth paragraph: As a standard condition of approval, the Dublin Public Works Department will require the project developer to consult with Zone 7 regarding effects of runoff from the project site to downstream flood control facilities associated with the SMMP. Response to the seventh paragraph (first paragraph under heading "The remammg comments are clarification. "): \=:::'~\\l The comment is correct that thc project developer proposes a dctention basin and not a retention basm. All reference in thc MND to a retenlJon basin is hereby clarified. This does not change the analysis or conclusions of the MND. Response to the eighth paragraph: The comment noting the statement on page 89 that Zone 7 does not have plans to store treated wastewater within the aquifer IS noted and the MND statement is hereby deleted. Response to the ninth paragraph. Thc comment to clarify the project must mcct water quality reqUIrements of" the Alamcda Countywide Clean Water Program NPDES Municipal Stonn"ater Permit is noted and clarified as stated m the comment. Response to the tenth paragraph. The comment that SDA 7-1 fees are assesscd by Zone 7, not DSRSD, and meant to mitigate due to the creatIOn of impervious surfaces and not groundwater recharge is notcd and hereby clarified in the MND The last sentence on page 91 and top of page 92 IS deleted as suggested. The cffect of the project on groundwater recharge is addressed m the first paragraph under h) on page 91 of the MND Because the project will generate less surface water runoff than anticipated by the Eastern Dublin Specific Plan, the statement at the top of page 92 that the project would have no impact to groundwater recharge remains correct. Response to the eleventh paragraph: The comment IS noted and as required by Mitigation Measure 66 of the MND, the City will require the project developer to submIt a preliminary creek alignment plan to the resource agencies, including Zone 7, pnor to the approval of the project by the City Responses to Department of Transportation - Letter dated March 2. 2006 Response: The comment is noted that work with the State's right-of-way affecting State facilities will require an encroachment permit from the State. The proposed project improvements to Tassajara Road will not require a State encroachment permit because It IS not a State roadway Responses to County of Alameda Public Works Agency - Letter dated Marcb 21, 2006 1Yru \\1 Response to I The length of Tassajara Road from the northern project boundary to the Alameda County line will remain in the County by the project. However, this remaining County portion of Tassajara Road will be annexed mto the City of Dublin as part of the Moller, Vargas, and Tipper development application that IS currently m revIew 111 the City If thc Moller, Vargas, and Tipper development is approved, the remammg County section ol'Tassajara Road will be annexed into Duhlin. Response to 2. As a standard City practIce, the projcet dcvcloper will be condlhoned hy the Public Works Department to restore all County roads damaged during project construction to County standards. The City will also condition the developer to idenh fy truck haul routcs dming construction pnor to the issuancc of grading and construchon pennits. Response to 3. The project proposes a detention bas1l1 to control surface water runoff from the site. As stated in section d) on page 93, the project would not increase the rate or anlowlt of surface water generated from thc site greater than analyi:ed in the Eastern Dublin EIR. The incorporation ofmlhgatlOn measures 5/i, 61, 67, and 68 will reduce potenhal downstream erosion and flooding by the project. Mihgation Measure 58 of the MND requires the prOject developer to submit a hydrology report and detenhon hasin design plans to Zone 7 of the Alameda County Flood Control & Water Conservation District prior to the issuance of a storm dram huilding permit. The project will not lllcrease the intensity of surface water runoff compared to existing conditions. FALLON CROSSING - PA 04-016 MITIGATION MONITORING PLAN Prepaml tot" The CIty of Dublin 100 CiVIC Plaza Dublin, Califorrua 94568 (925) 833-6620 Preparedi>y; Phil Martm & Associates, Inc. 1990 W. Corporate Way Anaheim, Cahfornia 92801 (714) 490-1519 APRIL 2006 \)....::0 t"b It Exhibit B \ La. Db I II 1.0 MITIGATION MONITORING PLAN 1.1 Introduction Section 1 ';()<)7 of the Califorrua Environmental Quality Act (CEQA) requires all state and local agencies to est.1.blish morutoring or reporting pro,;rams for Prolects apprnvcd by a public agency whcnevcr approval illvolves the adoption of ,,!thcr a "muigated negative dcclaranon" or specIfied environmental findings relatcd to "nvironmental illlpact reports. This is th" Mitigation Monitonng Plan (MMP) for tallon Crossing project. It has been prepared pur"uant to the reqwrements of Public R"sourc"s Code 921081.6 which, among other thmgs, states that when a governmental agcncy adopts or certifies a CEQA document that contains the environmental ""vic,"" of a proposed proJect, "Th" public agency shall adopt a ""porting or monitoting program for rhe changes mad" to th" project or conditions of Ptoj"ct approval, adopted ill order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to "n"ur" compliance during project impl"mentatlon." The followmg Mil:J.gal:J.on Monitoring Plan includes a description of the reqmrements of the Califorrua Environmental Quality Act and a compliance checklist. Th" project as approved includes mitigation measures. Th" int"nt of the Plan is to prescribe and "nforce a means for properly and successfully implementing the mltlgation measures as identified within the Environmental Impact R"port for this project. llnless othetwi,,, noted, the project developer as pr".cribed by this Plan shall fund the cost of implementing th" mitigation measures. 1.2 Compliance Checklist The Mitigation MOllltoring Plan contained h"rein is 1l1tended to satisfy thc requirements of CEQA as they relate to the Environmental Impact. Report for the Fallon Crossing project prepared by the Cuy of Dublin. Tlus MMP will b<; u""d by CIty st.~ff and mitigation monitormg personnel to ensure compliance with th" mitigation measures during P"Ol"ct implementation. Mitigation m"asures id"ntifi"d in this MMP were developed in th" Miti".-ated Negative Declaration prepared for dIe proposed proJect. The ballon Crossmg project presents a detailed Set of mitigation measures that will be unplemented throughout the lifetime of the project. Mittgatlon IS defined by CEQA as a measure which: . Avoid, the impact altogether by not taking a certain action or parts of an action; . Minimize impacts by limiting the degree or magnitude of the action and it" implemental:J.on; . Rectifies the unpact by repairing, rehahilitating, or restoring the impacted envlromnent; . Reduc,," or e\immared the impact over time by preservation and maintcnance operations during th" life of the project; l'agt: 1 \I~\n . Compensation for the impact by replaClflg ot ptoviiling subsutute resources ot enVlt011tnents. The intent of the MMP is to ensure the effective implementation and enfotcement of adopted mitigation measures and pernut conditions. The MMP will provide for monitoring of construction activiues as necessary and in-the-field identification and resolution of environmental concerns. Monitoring and documenung the implementation of ffiltigaUon measures will be coordinated by the City of Dubl11l. 'lhe table attached to this report Idenufies the lnitigation measure, the monitor11lg acUon for the mitigation measures, the responsible party for the monitor11lg acuon, and timing of the monitoring action. '1he respective ptojcct developer will be responsible for fully understanding and effecuvely implementing the mitigation measures contained within the MMP The City of Dublin will be re'ponsible for ensunng compliance. During construction of the tallon Crossing prolect, the City will aSSign an 11lspector who will be responsible for field monitOring of mitigation measure compliance. The inspector will report to the City's Community Development Department and be thoroughly familiar with perlnit conditions and the MMP In addition, the 11lspector will be familiar with construction contract requirements, construction schedules, standard construction pracuces, and mitigation techniques. In order to track the status of mitigation measure implementation, field-monitoring acuvIUes will be documented on compliance monitoring report worksheets. The time comrniunent of the inspector will vary depending on the 11ltensity and location of construcUon. Aided by the attached table, the inspector will be responsible for the following activiues: . On-SIte day-to-day monitoring of construcUon activities; . Review construcUon plans and equipment ,taging/ access plans to ensurc conformance With adopted mitigation measures; . Ensuring contractor knowledge of and compliance with the MMP; . Verifying the accuracy and adequacy of contract wording; . Having the authority to require. correction of activities that vIOlate mitigation mcasures. The inspector shall have the ahility and authority to secure compliance with the MMP; . Acting in the role of contact for property owners or any other affected pet>ons who wish to register observations of violations of project permit conditions or mitigauon. Upon receiv11lg any complaints, the inspector shall immeiliately contact the construction representative. The inspect.or shall be responsible for verifying any such observations and for developing any necessary corrective actions in consult.auon With the construction representauve and the City of Dublin; PilgC 2 j'6 ":""" I \1 .J · (lbtaining assistance as necessary from technical experts in order to develop site-specific procedures for unplementmg the mitig;ation mea. utes; · MaIDtamIDg a log of all significant interactions, violal1ons of permit conditions or miugatlotl tlleaSUles~ and necessary corrective Measures. Mitigation Monitoring Plan The following table indicates the mil1gation lneasure number; the Impact the measure is designed to address, the measure text, the monitoring agency, implementation schedule, and an area for sign-off Uldicating compliance. Pagt:: 3 TABLEt FALLON CROSSING - MITIGATION MONITORING PLAN , Mitigation }1.1fJnit(jrifJg Impbmmtdion SiP' Number Impact Mitigation Measures Agcn~F' S..h,dule Off L ; The project would have aesthetic ;\litigarion Measure 1 The Otv shall ensure implemenm tion of the Cil)' of Dublin Prior to approval of a , I. 1IIlpacts due to the development of Specific P1an/ General Plan land use plan, which ""IS developed to Commurutv Stage 2 De~elopment vac:an t land :and gr.lling of hillsides. retain predominant natural features- and a sense of openness. (Eastern DC'ire1opment Plan i Dublin General Plan Amendment/Specific Plan 1\.1itigarion Measure Department - i 3.8:2.01 Planning Di,,'ision 2. The prolt"Ct would have aesthetic 1.f:itigation Measure 2- The project shall reduce the 'i.1:sual impact of City of Dublin 1 Pour to approval of a impacts due to the development of extensive grading through sensitive engineccng design that U5es Community Stage 2 Development vacant land -and grading 0 f hill~1de!). gradllill transitions from grad<d :3iIotaS to rut Iura! slopes and Dev-elopmen t Plan revegetation. (E.stern Dublin General Plan Amendment/ Spe<ific Plan Department - !\lirigabOD ;\feasure 3.8:4.0) Planning Division 3. The project would have -aesthetic !\litiga riOD tIeasure 3. The final grading plan ,han minimize alterations Ciw of Duhlin Prio.r to issuance of a 1mpacts due to the de\'f"lopment of to existing ruttural con tours. (Eastern Dublin General Plan Community grading permit. vacant land and grading of hiIl;ides. Amendment/Specific Pion Miogarion MelSure 3.~,' 4 Ii Devdopmt:nt Department - Planning Division 4. The project would have ae s the tic ' 1ficigation ~.[easure 4 The final grading plan sh-all avoid extensive Gty of Dublin Prior to i~ suance of a impacts due to the development of areas of flat development_ (Eastern Dublin Gener-al Plan Communit'{ gnding permit v,cant land and grading of hillside.. _'\mendment / Specific Plan :-'.!irigarion .\!easure 3.8 '4.2) DcveJopment Department - Planning DiviSiOn .J,) ,-I - , 'J -J Page 4 5. The proie<:t would ha'ire aesthetic ~.tirigation Measure 5. The design of the .residential units shall City of Dublin Prior to .pprov.l of. i impacts due to the de'\o~elopment of conform to narura:t landforms as much as possible. (E.>tem Dublin Communit" Stage 2 De'llelopmen t f V,aCa1l[ land -and gr:ading of hillsides. G€neral Plan Amendmem.' Specific Phn :\.litig.tinn Me..nre 3.8/4.3) De'ire!opment Pl:m , Deparlmellt . : Planning Division The would ha,,-e :aesthetic ~.litig.tion Me..nre 6. iill gr.ded slopes shall be :recontoured to City of Dublin Prior to approval of a , ". pro] OCt impacts due to ohe devdopment of rt:semble t:xisting landforms in the :tmmt:dhk att:::a. (Eastern Dublin Comrmutity Suge 2 Development "acant hnd and grading of hillsides. General Plan .\mendment. "Specific Phn :\litigatinn Mea,nre 3.8/4 4) Dc,.elopment Plan Department - Planning Di"1.s.ion 7 The project would have acsthcnc 1\-fitigariOfi Measure "'7 The height of cut and fill slopes ,hall be City of Dublin Prior to app.roval of a unpacts- due to ohe development of minimized as much a, possible. (Eastern Dublin General Plan Community Stage 2 Development ....-a.cant land and grading 0 f hillsides_ .\mendment/Specifie Plan !>litigation Measnre 3.8/4.5) De'itelupmen t Plan Department Planning Division 8. The pmject would have aesthetic 1\.fitigation !\.feasure 8. Devdopmem on ohe rrurin tidgeline ,hall he City of Dublin Prior to appro,,-al of a 1m pacrs. due to ohe de~elopment of prohibited to minimize 'iti5w.l impan5 and ensure that de'\o'"clopment on Community Stage 2 Development vacant land and grading of hillsides. foreground hills mee t certain standards. (Eastem Dublin General Plan De'l,.Telopmen t Plan Amendment/Specific Phn :\litigation Measnre 3.8 :5.0) Department . Planning Division 9 The project ,,;ould have aesthetic ~'l.itigation n.1easUfe 9. Structures shall be located 'So they do nor City of Dublin Prior to approval 0 f a impacts due to the deve1upment uf obs.truct scenic 'iriev.'S or appear to extend above an identified scenic Community Stage 2 Development vacant land and grading of hillsides. backdrop 'Wilen viewed from a designated sceru.c route. IEastern Development Plan Dublin G€neul Plan "'\mendment.' Specific Phn ""litigation Measure Department - 3.g", 5.2) Planning Di'i.oision 10 The proJect would have -aesthehc ~fitigation :;\leasUIe 10. Residential units on the hillsides that appear to City of Dublin Prior to approval of -a : impacts due to ohe development of project .bove maj or ridgeline, shall be prohibited. (Ea"em Dublin Communitv Stage 2 De.....elopment v.eant hnd and gtading uf hillSldes. General Plan ~-\:mendment,l Specific Plan ~.firigation Measute 3.8/5.2) Deyelopment Plan Department - PL.nning Di,,-i.s1.on ~ cY P::'If!;t' 5 -.J 11 ! Th ' would have aes.thetic I\firigat:i.on Measure 11 '/iew of designated o~n -space lliill b i _. of Dublin Prior to :approval of a ; e pro]e<:t s e f Litr I impact, due to the development of preserved. (tasteID Dublin General Plan ~-\mendmeotl'Specific Plan Community Stage 2 Development , "acan t land and gr-admg of bill,ide" 1firigation ~.feasure 3.3,'7.0) Development Plan Department - j Planning Division 12.. I p:roje-ct would have aesIhetic 1fitigation J\,.feasure 12. A visual SUfiTey shall b€ prepared of the project Citv of Dublin Prior to approv-al of :a ' The 1 impacts due tu the devdopment of area to 1dentif;" and map ,,-ie\v 'Sheds of scenic vistas. ~E:astem Dublin CommunityT Stage 2 Development HGUltland and gr.dmg of bill,ide" General Plan Amendmem,'Specific Plm i\litiga tion Measme 3,8 i7 ,II Development PIon Department - Planning Di,,-ision 13. The project would have aesthetic Mitigation Measure n A detailed ,",wi anal)',", ,hall be ,uhmirred (it\" of Duhlin Prior to appro"i,.lll of a impacts due to the development of "\\rith development proJect applications_ (Eastern Dublin C :reneral Plan Community S rage 2 Development v-a-c-ant land and grading of hillsides. Amendment,'Specific Plan II,.litigation ~f{'asure 3.8/ 8.1'1 Dovelopment Plan Department - Planning Di,,-ision 14, Construe cion a-cnVH1e,~ indudinZ Mitigation Measure 14. ReqJlire construction contractors to water or (ilj' of Dublin - On -going during v--..Jing- \vould have the potenti-al to cover stockpiles of debris soil sand or other materials that can be Public Works project construction ~sJgnific:ant impacts relatt:d [0 dust b1o",n by the wind. Department and PM 10 emissions. , 15. Construction acu"orities. including 1\fitigaEion Jo,.feasure 15. Require construction c( mtr.l.ctors. to ~"'---eep Cit), of Duhlin On-going dunng wading would have the potential to claity (preferablv v,:ith v..-ater s.u..--ee.pers' all pa-ved access road. p.ar'kinff Community project construction cause significant impacts related to dust :aI~:aS and sta0n~ -areas. :at construction Sites_ Development and P~11 (l emissions,:. Department - Building ond Safety Division , I and Public Work, i i 16, Com trllction acti,ities including ,...litigation i\leosme 16. Require construction con tr-acto-rs to in~tall (itv of Dublin - On-going duriog W.ding would have the potential to ~andbalS?' or other ero sion con tro] measures to pre'l,.~ent silt runoff to Public \X"o:rks project conslcuction cause significant impacts related to dust publi-c ro-adways-. Department and P.:.l 0 effiJSsions - ('-l ~ P~gl' 6 - -l 17 The pro)ect could imp:act five !i.pecial -starns plant spcacs that havc. the potential tu u-ccur on the- site, including hi&- tar pl:an t l~- flu\\'ered fiddleneck diamond petaled California POpPy Condron\;; tar pbnt and IOund-le:aved fihrt'e. 1S. The pm) e-ct .;.:ould imp:ac~ the California red-legged foof Califorma tiger salamander and the westem pond rurtle. 19 The proiect could im!"'ct the C aliform. red-legged frog. California tiger salamander, and the western pond turtle. ",{itig. tion Measure j7 Sprir1>: mrvey' shall be completed for big tar plant large flmvered fiddlenec-k di::unond petaled Cahfomh p-rtp.py COllQgon's tar plant and round leaved @arce prior to the st::u1 of v-adm~ or cons tmction. The results of the su:rveys- shall be prm.rided to the Cahfnmia Departmen r of Fish and Game and the Cit\' of Dublin at least 10 days prior to the starr of construction. If the sur'ircv5 state that plants are present and ....\,jJl be- disturbed due to ~I:3dinf or comtffiCaDf'l the projffT de.....('loper shall protect or relocate The plann 50 I a~ required hy the respecti'l,.'~ resource ~~ncy. Copies of rhe- .su:tve\'s and mea:mres to protect or rdUL'ate planhi as re~uired by the resource agency sh-all be suhmi tted to the City prior to the jssuance of a g;rading ~ or huiJdin~ permit whichever is issued first. lI,.firigaaon ~.[~asure 18. 1 f required by th~ California Dep:artmen t of Fish and (;ame and the t..5. Fi-s h -and \"X.'ilJl1fe SeD.1.ce su.t"'Peys fm the C alifoim, tj;:er ,alamander Cahfoima red -le~ed frog and tbe western rond turtle ~ hall be conducted :at least 6U d ::lys prior to the sf-art of construction -at both ponds~ 1fing.tion Measure t 9 If the California tiger ,al.mander is found \l.<ithin the area proposed for grad1nf and construction (lr in dose proximity to the construction area and could in the opinion of !he resource agency be impacted... a C ahfornia h~r s:alam.-ander m-ana[ffilen t plan shall be prepared bv the proiect developer and I 'WProved b~r the C ahfomia Department of 1 ,ish -and Game -and the U.S. Fiili and Wtldlife Service prior to the stan of construcci.on. The plan sh-all det-ail how the California riger salamander \\-i.11 be m-anag;ed befo:rc :ilfld during- construction :ilcticities and shall include the- follov;..ing: I a I Installa tiOll of a tem poraIJ' he-cpetolo~c-al fence prior [0 any ; ~und disturhance around the en tire development foolprint o.r the area d f':s1~atcd by the .resource :a~ncics which sh-all pt~""t:nt tht::- C alifomia u~e.r s.ahmander from en te:rinJr the com_truchon s.ite :ann -shall remain in place until a permanent fence or barrie.r ap,prO'ired bv the re-wU!ce- agencies is installed. A m-d.i.ntenance schedule fur the lemporaty fence sh-all be prO'i."idcd. b I "\ u-app;ng and reloc.tion plao shall be pr<;pared that detai.ls City of Duhlin Community Development ' Departmcn t - [ Pb.nning Di,rision I i i ! I City of Dublin Community, Development Department - Planning Dh1.sl.on Cil!' of Dublin Community DC'irclopment Department - Plarunng Division Prior to is-su.ance of -a grading or building- penrut, \vhich-ever ..~ issued first At le-ast 60 davs prior to the start uf grading or construction, v.TIiche,,-er ()ccur~ first At least (,0 days prior tu the s tart of constmction ~ p~ -' how ae-~ri"--a tin~ Califurnia tiger sahunandt'r individuals ",-ill be adcquatclv relocated from the devdopment foo t;pr1nt and -En to penn:anend'j.' swm bIe aesti-v-atlon habitat. CI Exclu.'''lonary harriers s.bill he installed priOT to tht- unset of v;.mter rains that stimulaEe C ahfomia tiger salamander to movt'_ tu bIt'edinr punds. ~\. biologist sh-all monitor the in:~tallation f)f the h;urier.; TO ensure they aft:" properly 1nstal1ed. d) The barrier fencing ,hall be maintained and monitored {:( lfi tinw Jusl}' for the duration of project cunstruccion to ensure I that miu;;ni fiE :md eli 5pt'-rsifii C.ahfomia rig.er sal:unanders do , not rt:-enter the construction area. i el The exdusion fencing ,hall r{'roam in place until the I construction of the proiect is completed. l i ; , fl A biolo~t shall be pre sent durirlji &:railing and &:round disrurbanL...f'_ construction ac:trrities to en::;.ure there is no take {l f L -ahfomia ti,ger -o;abrn-anders. GI~ -and v-t:f-t: wtion cl-t:arinf 'W-lthin '7 50 f~d of the C -alifornia tif-t:r salamander breeding- pond shall not be conducted. dunn~ the bret:din~ , and migrating season ('K o'V('mbcr ~ Tunc l. 20. The project could impact the California i...l1tigation J\.leasure 20. A permanent herpetological fence or barrier Gt)' of Dublin Prior to the issuance red -legged frog, California tigt::I shall be insmTled around the north east and southern -area of tht:: C()mmunity of the first occupancy salamander, and the western pond residential foo !:print following construction :activities to pft'venc Development petm.1c turtle. movement uf the Califom:1.a ti~r -5alamanclcr into the:: develuped area. Department - PhLnning Division ~ oJ g U_ --1 Pag...: 8 21 The project could impact the Ca.lifornil red -legged frog, California tiger sal:l1lliLnder~ and the weSkm pond fun1e. 22. Raptors are knov..-rn to nest on me .site b:ased on the presence of suitable h'd bit,d. 1; othc::r raptu:r.:; could nest on the site in addition to the red - uil h.awk. The project could have :a significant impact to raptors. 23. Th~ C ahf( mila homoo hrk lItly fLlso occur on the pmpt:m' If pre sent during grading and construction, the CalIfornia homed hnk and other ground nesnng b1rds could be J1ll pacled. 24. The project could impact o\\o-1S if prcsent on the site. bunov.-mg , i ~'firiga tion i\.'leasure 21 Clilifornia tiger ~illam:.lndeI larval SUITtVS ::;halJ be conducted in the unnamed tributary p.roposed for the :::.turm v,.~.ater omfall prior to the stan of construction w determine if tht, salamander is U8:11lf the are.a for b.reedin~. If it is de termined ilia t the L aliforoia tiger salamander uses the :area proposed for the outf-all as :.l breeding- location the California tiger salamander mana~ment plan shall he modified to indude appropria it: measure-:::. durtm:r construction of the outfull to protect known or potential b reedin~ ~i tes \\rirhin the unnamed creek :iLnd either prott:ct or rdocart: :any C -ilifomia ~t:".r salamander~ that -are pre sent in the unnam.ed {:-reek area -as aw.[( )l,.reJ , by tbe C olifonlla Department of FI,h and Game and C S hsh and j \X.rildhfe Sef1irice. :\'1Ittgation ~-1easuce 22. A p.rof'-.constmction !;.urvey shall he -conducted for nest:in~ rap-tors prior to me start 0 f grn.dm~ O:t: constructlon v,.;th.ul ! IOU-feet uf:.lilY knOV.TI. nt'stirw tree-. If required ruptor survlt\'s shall be performed prior to J anu:u;y to idcn ti:Ey any potential nesting tr-C-t:S prior to birds la}mg egw;. Once eggs have been laid :a buffer -shall be e:-.t:a Llished around the nest tree and the ~l te prntected until A lJ,Vl~t 1 or until the young have fledged. The buffer aliall be determim,d bv a qualified hiol{)~'5t (as determined l3}, the CitvL Ve~tatinn -and tree rcmovlli shall oc-cur outside of the raptor-breeding se-ason IFebruar:y A~st) as much a.::; practical J\.fitigation Mea-sure 23. .A pre-consfruction slm"ey ili-all be conductt::d fuLne,ting C olifonlla bomed lark and other ground nesting bird, prior to the s.t:u:t of p-radinf or construe cion. If pre sent,. :a buffer v..ith protective fencing shall be pnYirided around the nesting area -as I determined by a qualified biologist. The fencing shall not be removed I until the yonng have fledged :a:s dt:termint:d b,{ a qualified biologist. 1\fitigati.un :\fe:asure 24. A pre-construction surver shall be ulllduded by II qualified biologist for burro\Ving ow prior to an..... ground distufb:a..uce be1:\veen September I -:md 1 anuanr 31. If ground dis.turb-ance is del:a")'ed or suspended for more than 30 davs after the SillVe'i,' the site sh:all be re~surve.....ed. If no ovet-wimering birds are present. hurrov:s shall he rem( )\Ted prior to the ne5tin~ sea~on. 1 t uVer-\\IDtering bird!;. aft' pre"it'Dt no distllIh:::J:IlCf' ~h:tll occur \\:ithin 150 feet of oc..cupit'-d burrov,.'S. If o\1irls mu:st boe. muved awa\' from the Ciw of Dublin C( lmmunitv Development Department - Planning Di,,-ision City of Dublin Community Develupment Department ~ Planning Division Cit'! uf Duhlin Community Development Department Planning Division City of Dublin Community De\'-elopment Department - Planning Division i\ t le.'t 611 da" prior to me start of cons.fruction of the outfall At It:ast 6D da ~r~ prior to the "art of grading ur cun s rruc-tion, whichever occurs 6r!;.! At least DO days prior to the ,t.rt of grading or construction, whichever m.:cur:i :tlr:i r 3U days prior to any ground disturbance th:a t OCCll1'S beTween S'1'tember 1 and . J anuaIJ' 31. I I , I ILl 4:- q Pag@_ ----.I ! disturbance area durinr this period. passive relm::arion mea~UIes shall i he prepared and implemented acco.rdi:t1g to OlCIen! California Department of Fish and Game b'llnov;.':ing owl guidelines ~p pro'Fed by the Department :and completed prior to construction. 2S The proie.ct could impact burrowing "litigation Measut< 25 If con~trucrion j ~ ~ht:dult:d durin~ the nt: 5 t1n1{ Cit)' of Dnblin ]f constructiun " t O\\'ls, if present on the site_ sea~on iT ebruaqr 1 September 11 a prcconstruction Sll.!'V"cy sh-all be Conununi ty ,cheduled dw:inr the conducted mthin 30- dafS prior to construe-tion ot l?1'oillld disturbance. De'irelopmen t I nes.ting season "~ nunim urn 250 foot buffer shall be maintained durin,g the brcedin~ Department - (Fe bIUa()' t - season around active burro'W-1nf owl ne s-rin~ sires identified -In pre-- Planning Division Sep temher 1, a construction surveys to avold direct 10::;"5 of indi'i.=1dual!;., , p.rccomtmcUun , , , sUI"i.'e~' iliall be , j i i c-ond uc rol.:d \\olthm .JO 1 , days pno.r to ! construction or gruund di3turLam:e, whichever OCClllS I OOt, 26. The project could impact burrm:dng :'.litigation Meosure 26. I f dots t:r\]ction of occupio:::d burrows during- Ot,,- uf Dnblin Prior to 1-5 su:a.nce of :I ov.is~ if present un the sire. either hreeding or non-b.rccding seas.on or any buno'W"'S that were Community grading permit found to be occupied during pre-COnSlruCtlon surveYS is unavoidable a Devel( lpmem stt.ategy ,,-ill be devel"l'ed tu replace such burrows I", enhafiL..in~ Department - existin~ hurrows or creating artificial butro\vs at a 2:1 rano on Pianning Di'i.1.sion pennanend ~' protected land, ad;acent to occupien burro-winE owl habitat :and ....,i.'ill include permanent protfXtion of II. minimum of 65 acres of burrov.-1f\g om habitat per pill or unpaired resident owl. A plan ~hall be prepared by the proiect developer and approved bv , 1 California De.partmen t of h!>h and Game describing creation or , enhancemem of burro"",,'"S truUntenance of bun:ows and "fltlnag:emem of furuging habitat monitorin!1 procedures and si~ficant criteria nmdi-ng assurance annual repor-ri1lf requirements to C aliforma D'1'artmem of Fish and Game and contin~n-q- -and remedi ation mea!>ures. 27 ~roiect cuuld have potential J\1itigation ~.[easure 27 The proitct dtve1uper ,ball pr<;pare a (iI)' of Dnblin Prior to lSSU:anCe. of impacts to special .status planrs. and vefe[;ltion enhancement,' m.;:m:a~ment plan for :aU open space areas Lonunurut'i.-' guding permit -animals. with the in tent to enhance the hiolo~c: paten rial of the area as \,,'ildlife Development harutar '~.astem Dnblin General Plan Amendmellt."Specific Plan Dep:anment - c\ (:"'1 pag0L -.\. 28. The project could have pDtential! impac(s to speci:!l -sHills plants and l animals. 29 The project {:( mid have potential I impacts to special starns plant5 :md I animals. '0. The pro}crt could have poten rial -imp'.lcts to ::;.pecial shitus plants and anirmls . 31. The project could h,,'e potential impacts tu 5pecial status plants and mimals_ Mitiir<'tion Measure 3.7:2.0'.. This shall lk included in the St.ge 2 Ploruung Division Planned De,,-elopment standard s- as a tentative map condition. J\.fitigation Measure 28. The prqect developc::r sh-all prepare :a derailed re\'-e~tation"'restoIation plan for all distutbed areas that are to rema111 undeveloped IEastern Dublin Geneml Plan Amendmt:nt/Specific Plan Mitig,nion ;;'leasure 3.713.D). This shall be indnded in the Stage : 2 Pblllle-d Devdopment standards as a tent-atl\'e map condition. ;\ 1itigation M~ure 29 The proiect det. eloper shan prepare :an Open .space- Management Plan for the 46.8- acre open spau: area in the cast portion of the s1te. The Plan shill also iaclude management 0 f the habimt fo.f special :<itatus 5-pC-CiC5 that mal' he prcs.cnr :and utilize the open spacC'. The Plan shall also include protection measures such as fencinQ'" :;i~t-.a~ reduced or indirect ~t pet control measures -and h.bitat monitorin~ .nd reporti~. This pl1l1l sball be 'p,proved by the California Deparrmen t of Fisb and Game and t:.S. Fish and Wildlif~ Sen.-ice prior to the start of .cun~fruction. The approved Plan sMll he submitted to the City prior to the is su.ancc of :ili gr-ading o.r bu.i]r-llnrr permit whiche,..er i~ issued first. :\-fitigation :;\-1easure 3D. A qualified b.iolo~st (as- ident:i.fied b,y the (.it}') shall monitor all construction acti'vity to f';t1!i.ll re th aT all protective measures required by the Califo:mia Dep:arlmen t of Fish and Game and 1 J .S. Fish :and \"~/ikll; fr: Sm:ice arc implemented and maintained l.t.e. fencing is installed pmpertv and maintained pre3erved are.lS are not disturb€d elc. I. Ibe biolo~cal morumr shall have rh~ aurhorit;)-. lu suspend :any and all construclion a-cn'\'1.t'i.'. if prmective measures are not pmperlv fotlowed -and. or if acci,,-iries pose -an immediale mreal to presenTed senslti..~e resources. The biologkal monitor shall also have tbe authority to contact the California Department of fish -and Game and,l or L .S. Fish and W'ildlife St:n-ice to r~ort any morta1i~' of listed species during construction. i\1.iti.ga tion Measure 31 ~..IJI project construction emp]ovees and personnel :shall receive an ooucational training- program tbat includes information on sensitive spcries identification and their p<ltential h.a bit:a t approved tn.i~tion me-asmes for the project and actions. Cilj' of Dnblin Community Deve1opm~nr Depamnent - Planning Division Cit), uf Dublin Lommurutv De\o--clopment Department - Pbnning Division City uf Dublin Community De'..elopmen t Department - Planning Division City of Dublin Communitr Dev"clopment Dep3rtm~nt - Prior ro Jssuance of gr>ding permit i Prior W ISSillI.nCe of I grading or building! pennit, whichever 1S .issuc~ first On going during project construction Pr10r to the start of grading ~ I.;' ~ ~ - Page tl - -l 3.2. The project could have potential impacts [0 spectal Stl tus planls and arumals. 33 The project could have potential imp.acts m spe-cifLl Status plants and animals. 34 The pIO~ect pwpo 5t:S tv construc t an oU[faU in the unnamed s-tream 10 :tiluw the discharge of p:ro~ect .surl-ace v,,-rale:r. The construction of the outfall v.'uuid requtte the removal and destmC!10n of npao.an habita t. which is -a s.ignifican t 1mpa<.:t. employees :o.hould rake if a .sensitive 5pccit.'-5 is encountered. ~'fiti.gation il-Ieasure 32. The unnamed tributa.t:y stream comdor shall he revegetaled -with native pl-ant species to enh.a.nce their na tur.u -appearnncc :and improve habitat vmues IE -a5tem Dublin G<-ncral Plan Amt:ndment,/Specific Plan "\fitig--.d.hun ';'\.Jeamre 3.7/8.0). {.,.1itigation :.,Ieasure 33. All V"ldin~ acti,,-jties. shall occur duriTli the dr:)' seasO:E1 I as much as p.r.actical1 since the Califomia red legged frog ....~1.H bt-. less likely to he present in upknd areas. :\litigation Measure 34. The riparian habrmt remuvro by the proit'ct sh-all he replaced by the cr~tion of new rip:uim habitat at :a .1:1 mtio I acr~ createdl :acreage removed) sub~ect to the approval of California D~artment of Fish and (~e and the- Lit)'. The prortX:t developer shall develop and implement a Ripari.!n Habitat ;\litiga tion and ~.[onito:rink"" Plan [0 f ullv cr)mpt:n~att: for imp:act~ to rip-ulan habitat including hcrit~e trees. The ripan-an area disnubcd during l construction of the outfall shall be resto.red according to me Rip-ari:11l l , I Iabitat I\Iici~tion and Monitorlnf Plan and included in the 3:1 ratio. 1 Tne Riparian Habitat ~.[itigarion and Monitoring Plan >hall include the miti~tion dc.sign riparian species planrinR design I ut:ili.zing- native species founu in Tass:J.~:ara Creek~ sources for plant matertals maintenance methods: including irrigation deer protection and weed maruli~mentl monitoring procedures :md perfonnance criteria r~~ re~uirement:1 and conun~nc\' me-asures 1fl case of mitig<ltion failure, The proje-cl de'ireloper shall provide a secure fundin[ !>ource (sn..b a~ pe-rformance bond) for the implementation of the mit~;rtion plan and lon~~ term maintenance and moniloring-- of the micigacion are:a. The created mitigation -area must be pre 5of'I'l{e-d in pct:penritr I such as throl1~h ~ poe..rmanem cOIlservation easement or other similar measuret The measures 'W-lthin the Riparian Habitat ~-iitiv-tion and J\.forntori.n~ Pun shall be consi-5tcnt 'Wi.th the- F :a~tf';m Duhlin Comprehensive Strc::un Restoration Program and the Dublin Ranch T as 5:.1 l:.1ra Creek Conservatiun ~m;.l Habita~ :!\.f::m.:agement Plan. Tht: Riparian H abitar 'firiga non and Monjtor:inr Plan shill be Planning Division City of Dublin Community De'irdopment Deparlmel1t - Planning Division Citv 0 f Dublin - Public W'ork, Departm<ut Citv of Dublin Communirv Developmenl Department - Planning Division Prior to lS suance of the fir-st occupanq permit (In -going during proi e-ct grading Prior to is suance of the first oC-lupancy penrut: ~ OJ Pag-t'lr= ---l I :approved bv rht: C alifumia Dt'partmt:nt of Fish and Game and the City prior to the issuance 0 f a V"adin~ pemut. The Riparian Habiut 1\.1itig:ation and :\-fonitoring- Plan shall r('"q.uin... 10 years of monltorin~ and annual reports sh.all be .submitted '0 the Ci,,, and California Department of .r ish ::md Game. 35. The:: pro,ecl v,.'ill require the placement !>.litigation Me1SUfe 35. The project devdoper shall 0 blain all required City of Dublin Prior to is 5uance of a of up to 3 cubi-c v-ards of fill material pernut-;..'certificatium., :agreements from Cahfomia Department of Community grading or l rock riprap and cuiI fabric \ into U.CHJ':' Fish ""d Game R<:gioml Water qllilli.\)' Control Bond and U.S. Fish Development construction permit, acres of iurisdictional wetlands.. v..-aters -and \Xildlife Sen-icc prior to the issuance of a grnding- or construction Department - wrucht:ver " issut:d associated 'With the installa cion of a penru.t.. v..i1.icbever is jssued first. The developer shan pW"l,.-ide proof of Planning Division fir" storm v.nd~e:r OU tf-ill structure. me pt:mll[S.' co:::rtificatlOns ,'agreemems to the Cio/ prior issuance of ""d Pnbhc \\;-'ork, -any permit::::. Department 36. I The p:mject could impact the San ~fitigati.on !'..[easure 36, The pro!ect shall complv with the Eastern Cil\" of Dublin Prior to issuance of :i J oaqwn Kit Fox,. if present on the site. Duhlin San J oa'luID Kit Fox Protectiun PI"". COtnmurul:1 grading or Development comuuction pemur, Depa:rtment - 'Willchever " jssued Planning Di,,-i~on first and Pubhc \XloOO Dt:partmenr 37 Bec-ause the site has not been sunT~'ed 1\:1itigation {.,.leasure 37 1.{ecltl.nical and I or hand sub-surface testing on Ci,y of Dublin Prio.! to the- start of by a registered archaeologist pre- all location So of prehistoric :resources to determine the presence or Communit}, grading or ! historic resou:rces m.ay be present on the :absence of midden de-pDsits shall be conducted prior to the s.tart of Deve10pmen t construction, I sit" and jf disturhed durin~ graJinr and grading (Eastern Duhlin General Plan Amendment,ISpecific Ph", Department - whichever occurs first comtnu...-ri( m there could be a s;gn; ficant ,\-litigation Me..urc 3.9.'1.0). Planning Division imp-act. 38. Becau~ the site- has. not been surveyed ;\.fitigation ~.feasure 38- },]] locations containing either midden Cil\" of Du hlin Prior to the .start uf by . reg;t<;tered :arch:aeolo~ S.r pre components or concentrations of rulrn.ral materials located on the Community. grading or historic resoutces may be p1't'.Sen t on the s.wfaet: shall be Ie1:orded on StLte of California site surve,' forms. De,relopment construction., site and if di5turbed during grading and (E..,ern Dublin Gencral Plan Amendment.' Specific PI"" ;>-litig.tion Department 'W-ruchever occurs first construction there could be a sigpifican t "'{e.sure 3.9/2.0). Planning Divis.iuo rmpact. I , I Q...'l- rj:) [j Page 13 -I 3~ Because the 'Site has not heen survcycd bv -a registered arcbaeolQ~t p.re- hE:storic reSOUI(.:t:S ITill}' l)e present on the site and if disturl>cd during gudIDg and constructiun there could be a significant impact. 40. B~c:;:LUs.e tl1t:: sitt: h:l~ not b~en sut"Vt:fed b\' a .registered archaeologjsr pre- hi..;;;toric :resource:::; may he present on the site and Jf dl~tuIbed dunng grndin~ and COfi:jlruction the.rt: could bt: a si~fican t ~ 41. Because the site has not been sUr'ir~red br a re0-sk.red arch-aeologist pre- historic resources may be pre-sent on the "me and tf dismrbed during grading and construe-tion there could 'be a significant impact. 42_ Because the site has not bf':etl ~urv"f:~'f':d < by :a registered -;uch~eolo.gi5t pre- histuric resources ma r be present on the site and if disturbed durin~ g;.dirw and construction there could he a significan I tmV..ct- i\htigatinn M""ure 39 Evalilllti,'e te,ting ,hall be required if tbe proposed development would direcdv or indirecth~ impact recorded :and mapped locations of resources (Ea stem Dublin ~neral Plan ~-\meDdmentlSpecific Pb:ll ~'fitigation ~feasure 3_9/3_01. :;'I,.fltiga:tion lI,.ft::asUft:: 4U. A qu.:alifie::d archa-wlogisl shall de...-.elop a protection pwg:ram for "significant" resources 'Whose condition would be altered bv the proposed development (Eastern Dublin General Pbn ""'rnenclment':Specific Plan i\htigation Measure 3.9':4.111. ~firigation ~'leasure 41. Grading and construction ~hall cease in the event that historic or prehistoric remains are discovered during such activitie, !Eastern Dublin General Plan AmendmentJ Specific Plan ~litigation l...feasure 3.9 5.01. ~.htigation ,',leasure 42. As pm of the development application process steps 'Shall be taken to ensure that cultural resources. -are not impacted: a. Determine whether the subject site is identified as h~ving preluslonc or historic resources potential.l.} located on it based on the first ,tage cultural rewurce ,ur",ev of the atea. b. Dtten:nine tbe Je\.eJ of arcbaeological ur bistorical significance in the second level of detailed rese:uch and field reconnaissance fO! sires v.."ith potentiill. resources. 'C_ Develop a mitigation plan 'Consistent 'With policies in the Specific PbD and current CEQ.'\. Guidelines concemmg cultural resources for site contai..ning significant resource 5 (Eastern Dublin General Plan Amendment/Specific Plan lvlitigation Measure 3.9/6.0). Cit'i of Dublin Comrnunitr Devdopmenl Department - Planning Di'iti'Sion City of Dublin Comrnunlry- De'l,.~elopment Department - Planning Division City of Dublin Community Development Department - Planning Division City of Dnblin Conununi ty Development Dep:artment - Pl.anning Division Prior to the:: :5 tart of grading or construction, I whichever occurs first I ! ; Prior to the smrt of grading or consttuction, f whichever occun; [:!nit l On-going during project grading and construction Prio.r to approval of a Stage 2 Development ! Plan ~ ..c C1 Cl '-.. ---3 Page 14 43. De\oelopmro t activities are a poten tiallv "litigation Measure 43. The projf:ct de\~e1oper ~h:lll prepare a (ity of Dnhlin - Prior to issuance of:a :significaIl t impac t '0 p:aleontolo0-cal paleontological su.rv~}' of the site prior to the issu-ance of a grading Public Work, gr-ading permit rt'"~f}Urct':s. perrrut to determine jf paleontologLcal resnUOCt:8 are prt':~t. ][ Departmen. pre sent. -any resources th:a t ","'"Quld be impacted by th..., proj-cct shall be protected in place exc:a .....:a:tc::d and reluct ted de as. recommended by :a paleontologist and appro,"""Cd by the Cin', 44. The secondaq effects of earthquake "litigatiOfl Mea,ure 44. The proie<.:t developer shaII be required to (it>, of Duhlin - Priur to IssmUJIl::t: of a ground shaking include possible provide the appropriate g=ling and design to compldely remove Public ","'orks gr-ading permit seismically induced 1md,liding lIDs-table. and po.entiallv unstable materials in hillside area, v.iIcrc Department differential compaction, and.'o.r development ma, require substantial grading (Eastern Dublin Genern\ se::ttlement "illch are con:side::re-d P1m lIrnendinent;Speciiic P1m :'>,'litigacion ;\,-!eaSU!e 3.G!3.U). potentially significant impa<:ts~ 45. The secondary effects of earthquake :i\:htig3.tion Measur~ 45. An engineered n:tenciun structures and surface City of Dublin - Prior to is suance:: uf -a ground shaking 1ndude possible and subsu.rfuce d.rain:age impro....-ernents :ill:aIl be used as appropriate to Public \X"o.rks grading permi. seism1callv induced landsliding, improve the ,tability of side hill fills and potentially unstable materials, Department , , differen rial compactiun.. :and, or p'.d.rt::icula.t:ly collm1.um., not entirelv removed br grnding (Eastern Dublin settlt:men t~ which are considered Genetal Plan .'uuendinent:Specific P1m ~.Iit1gation Measure 3.6/4.0:. potentially significant impacts. 46. The second-ary effects of earthquake ~ficigacion I\.ft::asure 46_ All Se1Sm1cally induced fill settlement shall be C;tv of Dublin - PriO! to issuance of a ground ,haklng include possible reduced bv requumg properly designed fill, with keyways and Public Works grading permit seismically induced landsliding. subswface drainage, and which are adequately com!"'c.eci ~.e. Department differential compaction, -and/or minimum ()Ou'D .relative com paction) (Eastern Dublin General Plan i settlement, \\mch considcn::d Amendment.' Specific Plan "litigation Measure 3.6.' 5.0). I are puten tiall, signifi= t irn!"'cts. 47 The se<:onda.,.. effects of earthquake "litigation 1.feasure 47 ,-\.11 roads, strncnual foundations, and (ity of Dublin - Prio.r to issuance of a ground sbaking indude possible underground utilities shall be designed to accommodate estim-ated Public \'i;o'orks grading permit seismically induced 1mdsliding, sdtl.ement \l....:ithOU t failure, especially acro.s-s transitions betvi.'een fills Department differential (ompactioD, arId/o.r and cuts., and to remove or reconstruct potenttallv unstable stock settlement, which are -considered pond embankments in developed areas. ffi:ls.(~m Dublin Ge::neral Plan , potentially significant impacts. Amendmentl'Specifi-L: Plan :;'I,.1irigation {.,.'leasure 3.6.' 6.m. ; i i f ~ 0_ PagelS- -l 41\. The se-condan" effects of earthquake ground shaking include possible seismically induced Iand.liding, differential compaction, and I or settlement, which are cons1dered potenti-ally significant impacts. 4t~ The secumlan' effects. of e-nthqmke ground shaking include possible seismically induced landshding, differen rial compaction, and/or settlement, v..mch :ate considt:Ied potenti:illy signifir.:ant imp-acts_ 50. Re~ollilllandslide mappin~ by the L S. Geological SUf'.Tcy 1]"Jilscn 19.' S"I shO\,,--ed several landslides on the me indudin!{ rhree in rhe acea of the current propo sed development. The three pt'Itinen t bndslidt'S :lIe gi. 'i,rt'n the letter designations A B -and C. 51 Region:>! land,lide mapping by the U.S. Geological SUI"e)' IN ilsen. 1975) showed several landslide-s on the sire, j including three in the ar~ of the current proposed development. lhe l:h.kt' perti.nen~ landslides ace given the letter desigrull10ns A, B, and C 52. Regional landslide m.pping by the r.S. Geological Survey (Nilsen, 1975) showed several landslides on the sire, including three in the area of the current pIOpO sed development. The tluee pt:rtint:nt landslides -are given the letter designations A, B, and C. i ~{irigati<m Measure 48. The project ,liall be required to perform design I Cit)' of Dublin - ]e~..-el geotechnical in~resrigat1ons prior to the issuance of any permits I Publit Works (EJlStem Dublin General PI1n Amendment.'Spe<:ific Plan "litigation Departmffit ~.[easure 3.6/7.0). I :t.fitigation 1\.le:asuIe- 49 The project de'leloper shall prepare an earthquake preparedness plan and the appropriate emergency me-asures shall 'be disseminaced to all pwiect Ie sident5- (Eastern Dublin Geoeral Plan .-\mendment.' Specifie Plan "litigation .'vteasure 3.6 i 8.U J. 1I,.1it:i~rion MtlSUIe 5U. Landslide A - Remove :ill the landslide debris and reconstruct the slope wirh ~neer{'.d fill \\;-j th a k~:wav ":l.nn subdrain for landslides si~ ted at or near the grudin~ limics. jl,litigation Measure 51. Land;lide B - _For portions of the 1111<blide, located \\;-jthin the grading limits that :arc not rcmO'ired by design cur. ov'"'er excavate and replace v.ith engineered .fill "'\.\<ith a keyvo'flr -and sub dra.in" MitigatiOll ~{easure 52. Land,lide C - Remo,'e aU the landslide dehti, and reconstruct the slope with en~ered fill a k.e~-wav ....alliLsubdtain for landslide 5- situ.ated al or nt::ar mot:: gradin~ limits. Citj, of Dublin, Community De...-elopment Department - Building and Safety Di,,--i-sion Cil)' of Dublin - Pnblic W'ork, Deparlmt:nt Citv of Dublin - POOlic \,iorks Department Cil)' of Dublin - Pnblic Wot:ks Depamnen t PriOI to i::;suance of a grading ur -construction permit, whichevt:r 1S is sued first Priur ill Issuam:e of !he first occup;:mcr permit Prior 10 the Issuance of the first building permit Prior to the iSsuance of the Ii"t building petmi~ Prior to the Issuance of the fir,t building permit ~ cY l'.!;<, 16---.1 53. The um t:a bIt:: soil conditions and seismic h.htigation ~fe:asure 53. Site Preparation and grading eil)' of Dublin - Prior to issuance of a induced landslides vmuld have a re<:ommendatiom numbers 1 through 15 on page' 11 - 13 of the Pubbc Wurks grading permit potentially signific-;)llt impact to the geotechnical investig:uion 1 for the site shall be incorpo:rated in to the Department project. , ~"ding plan. 54. The E'",em Dublin Specific Plan ErR Ivfitigation 1\.lea5UIe 54 Integrate fire trails -and firebreaks. into the City of Dublin FrJor to 1ssuam.:e of:a identified poten naI wtldland fire impacts open space trail .srstem. ~.feet fire district s tanda:rds for access roads Community grading permir 'Wi.th de-velupme-nt in the specific plan 1Il the open sp<lce tnil s-y.stem \vhile minimizing em.rironmen tal Devdopmellt :area.,. v,,-TItch indudes. the project site. impact5. '.Eastern Dublin General Plan Amendment,' Specific Plan Department - Mitigation ~Ie>sure 3.4/11.0) Planning Division and ,~ lameda Count\' Fire Dep<trtmen t 55. The Eastern Dublin Specific Plan Em Mitigation :i\{easure 55. A Wildfire "fanagcmen t Plan shan he Cit)' of Dublin , Prior t() j:::;::'iU.:oU1ce of :a , identified potennal vo-ildland fire impacts prepared for the project to reduce the risk of impacts related to Community gradmg permit ~'ith development in the specific plan ....-ildland fire. Th~ Wildfire Marulgement Plan shall he ~pproved prior Development area, which includes the project site. to the i55U-ance 0 f a grading permit. \Eastem Dahlin General Plan Department - /'unendment / Specific Plan Mitigation i\leasme 3.4112.0) Planning Division and ,-\.Iameda Counl\' Fire Departmt:nt 5ti. The runoff generated by the project "litigation Me>sme 56. Drainage f~cilities ,haIl he provided th~t Ciw of Dublin - Prio.! to iS5illillce uf :l during construction and P",t- would minimize anV increased potential for eroslOn or flooding Public \\o'orks grading permit construction could impact 'W-ater qualitv. \Emern Dublin Gen""" Plan Amendment/Specific l'1an Mitigation Department Sediment and construction debris along ~.!ea'ure 3.5 '44.0). I ....vith urhan potlutants. including oil, grease, fertilizers, pet waste, and other chemicals from smface streets, bwns, and open space could he discharged into the unnamed tributary along me northW't:: 5 t project bound",,' and eventually into T assajarn Creek. lbisis- . a potentiallv significallc.im p:act. i "-~ ~ C:.t cr - -1 Page 17 57 The runoff generated by the project during construction and post- construction could impac [ wakr quality. Sediment and construction debris along Vilith urban polluTILDts. including oil, grea~e~ fertilizef::j~ pet v,,'aste, and other chemicals from srnf-ace streets., la~ms, and open 'P'""e could be discharged into the unnamed tributaI'V along the northwest p.rojcrt boundarr -and eventuaHv into T assajar:a Creek. This i:s :a pvtenrially significant impact_ 5K The runoff generated bv the project during construction and post- construction cuuld impact water quahtv Sediment :and construction debris. along \vith urhall pollutants including oil, grea~. fertilizers, pet "\vaste, and other chemicals from sutfa(t: str'tds, lawns, and open space could be discharged into the unnamed tributary along the northwes t project bound<l~r and oflirenlu-ally into T :ass:a jara Creek This is a poten tiallv significant impact. 59 The runoff generated by the project during cons~tion and pos~ construction could impact "\\'<1 teI quality Sediment and construction debris along with urban pnllumnts including oil, grease~ ferrilizers~ pet w.ol.ste, and other chemicals from surface s.trccts~ la~ms, and open 'pace could be discharged into the unnamed tributary along the northwest proi ect boundary and evenruallv into T assaja.r:a Creek. This is a potentially significant impact. 1\.1itigation ~feasure 57 Any channel improvements to the unnamed tributarv along the northwest project oonndary shall consist of :J ruL tural creek bottom :and side slope~ ...:vith natur:al vegetatiun where po "ible ,.Eastern Dublin Geneml Phln Amendment; Specific Plan )>'litigation Measure 3.5/ 45.G). )>.Etig,tinn ~{easure 58. A ~{astet Dtainage Phln shill be prepated and , submitted to the Cirv Engineer for approval prior to the issuance of :a gruding permit (Eastern Dublm General Plan ,'\mendment/ Specific Plan 1\.1itigation :1-1easure 3.5/46.11). Tn addition the rrolect dr-.Jn:a~ plan shall provide adequate overbn d d r:oli-n 'lge release thro~ h the ~roject. including lots 91 92 a.nd j7 .19. II-htigation ,,{e..ure 59 The project ,h:ill he required tn ptm~de facilities to alle'i.:Utc potential downstream flooding due to the project lEastern Dublin General 1'1m Amendment/Specific 1'h1fi ~{itigation Measure 3.5;47.0). Ot}' of Dublin - Public Work, Dep':I!t:m~nt Cit\' nf Dublin - Public Works Department Cit)' of Dublin - FubLe Works Department Prior to !he issuanct: of a grnding permit Prior to the issuance of a gruding permit Prior to the is.~uance of -a grading pt:rmit ~ cfJ P-a~1S- ~---..l 60. The runoff generated by the proje<:t I during consrruction and post-! c()n~truction could impact \\'<1 'ler quality I Sediment and construction de bus along ,,~th urban poilu"", ts including uil, l grease, ft::rtifu:ePi~ pet wa~te, -,md other ! chemicals from surface streets, 1::n\'U5~ ! and upen space cuuld be disch-:uged ! into the unnamed tributm' along the i north\llcst project bounda.f1f and i eventually into T assaj-ara Cret:k. 1bi~ is a paten t:l:.1n".. significant impact. 61. The runoff generated by the pmject during cons Uuction and pust- constrnction could -impact \\'<tter quality Sedim.en t -and consrmction debris -along \'lith urban putlut-ants including oil, grease, fertilizers. pet 'ilP"aste, :md other chemicals from surf-ace s-treets, la\\'TIS, and upen 'pace could he discharged mto the unnamed tributarv along the northwest project boundary -a:nd e"~enruall~. into T assajarn Creek. Thi", is a potcntiallv significant impact. 62. The runoff generated bv the project during construction and post- COU'5truction could impact 'W"a!et" qu-alitv Sediment :and construction debris along ,,,i th urban pollutan" including oil, grease, fertilizers, pet was te] and other chemicals from surface streets] lawns] and open space could be di,charged in to fue unnamed. tributary :along the north'W"C5-t proiect boundarv :and e'i,-en tually into T as s.ai :l:ta Creek. TIlls. is a potentially significant impact. Mitig.ti01l ;\lea,ure 60. "'ill, backbone drain.ge facilities required by the project shall be consistem 'With the Storm Drain ~.:Glster Plan (Eastern Dublin General Plan ~-\mendment/Specific Plan J\-firigarion Measure 3.5 " 48.0). 1-:1itigation M.e::l:sure 61 All stonn drain facilities. and nunagemt:nt practices shall protect and enhance water quality (Ea'Stem Dublin General Plan .'\mendment/Spe<:ific Plan ;\'litig.t tion M=UIe .15 ,'4~ n\. ~fil1gation iI.-1easure 62. A specific water qillllit\' investig-ation 'Shan be submitted to demonstrate exis.ting wa rer quality and impac cs- that urban runoff of the proi.ect would ha'l{of on that ....va ter qualit), 1be Vr':il ter qu:alit\, in ve'St:1gdtion :shall addre55- the quantity of runoff and the effects from discharged pollutants from surface runoff into the on-site retenllon basin and unnamed tributary (Eastern Dublin General Plan .'\mcndment/Specific Plan Mitigati01l Measw:e 3.5/51.0). City of Dublin - Public Work, Department City of Dublin - Public \Vork, Department City of Dublin - Public W'orks Department Prior to the issuance of a COfiSITUCUOI1 permit for 5-tOffil drain construction Pnor fo approval of :it Stage 2 Development Plan P nor to approval of -a Stage 2 Oe,'dopmt:nt i Plan 1 l0 L- V! 0' Pag< 1~-=, ...j 63, ] The runoff generated bv ilit projat 1 d . . d 'I unng construction -an post- . construction could impact 'i;\-"-ater quality Sedimem and -construction debris along I with urban polluranrs induding oil, ; I g.rease, fertilizers, pet u;aste, and other II chemicals. from surface streets, lav..-ns, j -and open sp:ace CQuld be discharged into the unnamed tributary along the northwest project bounillLry and eventually into Tas saj:ara Creek This i ~ a potentiallv significant impact. 64 The nmoff generated by the project during cons.truction and post construction -could impact water quality Sedimcn t and construction debris along V....lth urb:m potlutan ts including oil, gre-ase" fertilizers, pet v..--aSi:e~ :and other chemicals from mrfuce streets, lawns, and open 'pace could he discharged .in to the unnamed tributary :along the northwest proje-ct boundar" and evenmally into Tassajara Creek. TIUs is :a potentially significant impact_ (,5. Tho runoff genernted by the project during cunstruction -and pD:it- construttioD could impact v,o--ater quahtv Sediment :and construction debris along 'With urban pollutants including oil, grease. fertilizers, pet waste, and other I chemicals from surface streets, lawns~ and open space could be discharged into the unnamed tributary along the 1l0rth\Vest project bnnnd-ary and eventually into T ass.aj:ara Creek. This. is. a potentiaUv significant impact. ]\'litiga tion jI,J"",ure 63. Tho project ,ball meet all .pplicable requirements 0 f the City of Dublin "Be 5-t 1'Lm-agement Prnctices.~' to mitigate storm \\'a ter pollution (Eastern Dublin General Plan Amendmem,'"SpeClfic Plan 1\1itigacion i\.leasuIe 3.51'53.m. :;\.fitigation 1feasUIe 64. The project shall meet the water qu-ality requirements of the City of Dublin NPDES permit (Eastern Dublin Gener,,) Plan Amendment/ Specific Pha ]\'litiga tion Measure 3.5:54.0,. Jl..fitigation Measure 65, The project slliill meet the water quality requirt:ment~ uf the luameda Countv "lrban Runoff Oean \\"ater Progr,m ,Eastern Dublin Genernl Pha .'\mendmen ti Specific Plan ]\'litigation ~(easure 3.5/54.U). Citj' of Dublin - Public W urb Department City of Dublin - Public ","'ork, Dep:artment Cirv of Dublin - Public \X.' orb> Department Prior to the issuance uf a gracling permit Prior to the i:i::;'lliLnce of :a grading or construction permit, whichever 15 issued first Prim: to the issuance of a grading or cons.~tion penrrit, whichever is issued fir.st lYI IJ, C} P~20_ ...J 66. Thot: uutf-all and Iettntion basin ~ proposed by the project could have a ~ significant impact on the road alignment r of T as sai:ara Road. r l 67 The project vlOuld require gt'lding that would change md alter existing drainage pattems on the site and inc:rease the afllOWlt and .r:ate of surf:':I:c~ wate.r runoff that could result -in flooding on and off- site. 68. The project vlould require grading that would clunge md alter exis tin!:' dnUrutge patterns 00 the site and ino:ease the :amuunt and rate of .surface water nmoff , that could ",u!t in Hooding on md off site. 6q T+he proJect would k expo s~d to noise from Ta<;,<;,aiara Road g:reater than 60 dB C:"EL which could "-"po se rt.5iden ts-etffikl: ~lC Imp :Kte d b ,- to traffic nOi5e6tl T,,:;;.~aiaL, Ro"cl_e......ceedin~ standards. ~-ideaiflg _'2ftfr 'E 70. The humes adjact::nt tu mot::- proposed ,open 'pace would be required to i I l\.fitigottiun M-t-asUIe 66. The project developer shall submit a I Citv of Dublin Prior to appro'Y<L1 of a preliminary creek alignment plan to the resource -agencies fOI the I Community , Suge 2 Development realignment of Tassajilfa Creek priO.f to approval of the project bv the Development I Plan Citv Dcpartmen t - . Ii Planning md I Buildmg i I D1'i.'ISJOns and j Pubhc W'orks I , Department! 1\.fitiga rion JI,.feasure 67 The proje..:t developer shall be required to obtain proper approvals for stc mTI drainage (Eastern Duhlin General Plan Amendment. 'Specific Plan .'.ction Prognun Num ber ~W, }'1itigation },..:[easure 68. The siting of the storm drainage infrastructure iliall be consistent with the Resource ~ranagemen t Policies of the Specific Plan (Eastem Dublin General Plan Amendmenti Specific Plan Action Program :"0. 9X). 1\.fitigariun ;\-1ea-sure 69 A_n01sc -l!;t:oli::;Mt:a~ study shall be prepared for the development prior to the appro'-'"al of the Planned Dev-elopment State 2 Development Plan to show compliance vi!irh the interior and exterior noise standards. The noise s-wdf shall cvalua tc- noise impacts- I of trnffic on Tas.sa ~:ara Road on the project. The interior noise levels shall bt:: broUfP[ EO 4-5 dBA or less and e..xterior noi~ It:-vds to 6ll dBi\ or luwer. Noise imp-.icts renerated h~' mech:iLnical equipment ~U{::h a~ air conditioners pool pum ps etc. shall be minimized_ All sound hamt:-r:s and mitigation measures recommended in the noise :::.tudv shaU be inc:ot(:KJratt'd in to the improvement plans for devclopment of each site. AdditionaUy an acoustical conmltan t shall sign the -conSl:ruction plan,. ;\.fitigatton :;\leasure 70. The I;::rJomfIJ:i:HL(:~ of tilt: project shall comply with the City of Dublin ,\l;iildfue il,lanagement Plan and installation of City of Dublin - Puhlic \\"ork, Department Cit)' of Dublin - Pubhc W'orks Department City of Dublin Communi~r Devdopmt::nt Department - Phnning Division I I City 0 f Dublin Commllllity Prior to the issuance of a gt'lding or cOfisUuction per.nll4 whichever 1S- is su~d first Prior to approval of a Stage 2 Del,.'dopm~m Plan Prior to approval 0 f a Stage 2 Development Plan Prior to the issuance UJ 'Q _Cl P'il'\2.;I~ --...l I comply with the \Vlldfue Management I :an :automatic fire sprinkler system in r-ach rC:5idence~ Dc~e-lopment of a building permit Plan to protect those residences from 1 Department - I wildland lire v..-ruch em.lid .un pac t the i Building and , S.fe!\, Divi..,ion p!O)ect. i i and .-\.lomeda i C ountv Fire I , Department , I 7L The homes adj .cent to the ptopo,.oo I Mitigation M""sure 71. The project de,'eloper shall pa \' the Fire Cit!' of Dublin Prior co the issuance open space would be requited to Protection Fee prior to is.su-ance of :a build1ng permit t~ l uffset the cost Communitv oh building permit cum ply with the \X'ildEre Marulgement of pro,,--iding fire sen---ices for the dcvclopmen t Developmem Plan to prote-ct tho 5(' re-sidences from Dep:'.:lrtment - I "i1dhnd lire v..mch could .impact the Building and , pm;~ct_ Safe-tv Di,,--ision 72. The students genemted hy the project ;\liriga rion :\.[easure "72. Adequate capacirv shall be prov-1ded for junior Dublin Unified Priur to the Issuance I could impact the capa-city of the schools high school ag~ :;tuden b \Ea~tem Dublin General Plan School District ofa building pcrmi t I in the Dublin llnified School District ~.-\.mendmem, ISpecific Plan :;'\fitigation (.,.'leasure 3.4/ 14.0). I molt serve the::: projecL Dublin U nificd l ~3. 1 be ,tudent> gencmted by the project :'Ilitigation Measure 73. Adequate dasSIOc lffi space shall "be pIO,,--ided Prior to the issuance could impact the capacity of the schools prior to the de\.elopmcm: of new homes (Eastern Dublin Gener-al Plan School District ofa building I"'rmit ill the Dublin U niEed School District Amendment,'Specific Phn :'I'litigation :'Ileasure 3.4,' 15.0). thaI serve the project. 74. The students genera[ed by the project 1.fitigation Measure 74 Adequate ,chool facilities >hall be avail.ble Dublin V nified Prior to the is suance could :tmpact the capacity uf the schools prior to devclopmen t in the project ardS to the e..-xtent permitted br School Dis-tri(:t of a building permit in the Duhlin U mEed School District low \E-astt:m Dublin Gener.J Phn .J'\mendmentl'Spedfic Plan that .ser\~e the pIOject. Mitigation M.,.",ure 3.4.'17.0). 75. The ,tuden Is generated by' the proio<: t J\.fitigation lIrleasUIe 75. The development of new school facilities shall Dublin t:niEed Priur to the issuance could impact thc capacity of the schools be provided fur through the dedication of school sites and;, or School District of. building permit in the Dublin {; niEed School District parment of development fees by developers, or by :any oilier mean that sen!e the project. permitted b, law (Eastern Dublin Genem! Plan AmendmentJ Spo<:ific Phn i\litigatiun ~fea,ure 3.4.'18.0). 76. The pruiect residents could impa-ct ~titi.gation ;\feasure 76. The Cirv :shall ensure tha~ an assessment Cit)' of Dublin Prior to the issu:mce recr~tiuruLl facilities 1fi the city district, hOmeOVi!1le:rs assocliL cion, or some utht::r mechanism 1S in place Community of a grading permit ~ -..j C'... \)--'. Pag~~ -.l 77 The project residents could impact reue::rnonal fucihries in the an' 7S. The project :residenbi -could impact recreational f.tCilities in the citr 79 The Dougherr,' Road/Dublin Buule,,-raoo intenection would operate at WS E IV: c~O.931 during the p.m. peak hour under Build out Conditions (including the projecr). Thi, LOS repre sents a :significant cum"ll.hl rive impact. SII. The Santa Rita,'I-5S0 EB ramp' 11ltersecrion would opera~e at LOS E (v, c = O. Y5) during th~ p.m. peak huur under Build out Conditions r.including that will provide regubr long-term mainten.nce of the urban: open space interface prior tu the j s Sllance a grading petmit for the park (Eastern Dublin General Plan ",,"nondment/Specific Plan Action Program :-.r o. sn. Slitigario:ll ),,{easure 77 The City shall ensure that each neVi! development reserves the open s-pace -and parkland desigooted in the Plan \E..tem Dublin Generol PI"" Amendment/ Specific Plan Mitigation Measure 34:29.0). :!\fitiganon Me-asure '"'i8. . The City shall calc:ula te and assess in lieu pack fees based on Dublin'-s parkland and dedication o.rd:i:nance- (Eastern Dublin General Plan ...:\mendmen t,' Specific Plan }..'licigacion Measure .H':31.<1). ~fitigarion :;\leasure 79 The project developer shaU advance to the ! Cit}, appbcable monies for :acquisition of right -of-way and construction of the improvements aso!:iumoo in this study for the in ters.ection of improvements assumed in the September 28, 2005 TKJM Traffic Srnd" for the Proposed Fallon Crossings Development for the intersection of Dublin Boule,""" (Doughen-, Road. The amount of money advanced to the Gty shall 'be based on the de'lr~eloper' s fait share of the deficit (s-pread oVt::r tho St:: pwjt::cts which are required to make up the deficit) between fund, ,,'ai.lable to the Orv from Cat'!!"). 2 EaJtml Dublin T "!!fie Imf"".t p" fund, and the estimated COs-( of acquiring tbe right-of-way and constructing the improvements. The Ot", shall provide credit for CaU!ffJry 2 EaJtern Dublin Traffi 1l1lJX1d Fu to the developer for :anr ad'll:ance uf monies made fur the improvements planned for the Dublin BoulevardllDougheny Road intersection. ;'>.litigation Measure SO. The pIoject developeI ,lliill contribute. pro r.ata share of the cost to improve the intersection of Santa Rita Road / I 580 eastbound off- .ramps / Pirn..lico Drive to include- a lhird left Development Department - Planning Di'i!lsion and POOhc W'oIk. Department Gry of Dublin Corrununitv De'irelopment Dep:artment ~ Planning Divi~ion Cir" of Dublin Community Development DepartmenI - Building and Safety Division Cirv of Dubhn Community Deve10pmen t Department - Building and Safety Division Gt)' of Dubhn Community D~ve1opment Department - for the park Prior to approval of a Stage 2 Dev.elopmot'Dt Plan ! i Prior to. apprO'iral of;l j Stage- 2 Development i Plan . Prior to the is suance of the first oc{:up:ancr permit i Prior to the Issuance I of the first occupancy permit LN 00 Cr p,Kii= -.1 the- proiect)_ This. LOS represents a rum lane for the easthound off-ramp approach at this. intersection_ Buililing and sagnificallt cumulative impact Safety" Di~':1Sion 81. \,'ith . projected LOS F on vanous "Iilig.tion Measure m. The project develop"" shall pa)' the Tn-Valle, Cit)' of Dublin Prior to the issuance segments. of 1-580 and 1.680. proiect T ran s.porrarion De~re1opmen t (TVTD1 Fee for its proportionate share Community of a buililing permit trips "\vould be adiling '0 an aIkady of 1.58U and 1.680 impro,'ements. incIuiling HOV lanes, auxifuuy Dt:ve1opm~nc deficient condition. These specific lane s~ :and interch:mge imp.rovcmcn ts. The project shall also pay its Department - segments would Dot meet the A CC~L\. proportionate share toward public transportation .impro'i.:-ements r e.g_, Buililing and monitoring 'tandard uf LOS E during West Dublin B....\R T Station and Express Bus SeDt-ice from Ilvennore Safety Division the a.m_ or p.m. peak hour. This is to East Dublin K'cR T Station) bv p"mcnt of the TVTD Fcc. conside-red a significant cumulative impac t. 82. The 'L~ :residt:nti-al lots proposed ~-firigation J\.ft:asure 82. The pruie-l-"t applicant shan re";.'lse the project City of Dublin Prior to approval of fI; ad-i:acen t to the east side of Tassai ~ra cntrnncc :It Tass~i:ua Ro-ad to the satisfaction of me City El'~ginee.r to Commu.n.itr Stage 2 Development Road cuuld restric t the sight distance allow gn::ater si~ t distance to the north_ Development Plan along Tass-aj-ara Rood to the north for Departmt:nt - motorists t'Xiting the site and ha~re -:li Plannmg Di....-is.ion significant impact.. and Public Worn Department R3. The project would be required to ~.htigation Measure 83. Th~ proJect shall cormec t to the public 5t:wer Cit)" of Dublin - Prior to the Issuance construct new water and \\'4S~"ater (Eastern Dublin General Plan ':unendment,' Specific Pian ".litigation Puhlic 'i;Xiorb of an U<.:cupanq lines. on the site to distribute ",,-rater to Measure 35, 1.0). I Department and perntit proiect residents and collect "\\'4stev..""ater, . DSRSD respecti.v'elr 84 The project ,,,rmld be required to 1\.htig:a tion I\.[easure 84. The proiect developer shall prmide the Cit)' :a Cily of Dublin Prior to the is SlJance cunstruct new water and 'W~stewater H\ViJ1 s~e" 'W-raste'W'ater lette:r from DSRSD prio:r to issuance of a Community of a grailing permit lines on the site to distribut~ Vi.'4 ter to grading permit (Eastern Dublin General Plan .'\mendmeot,' Specific Development project residents and collect wastewater~ Plan ""!itigarion ""!easure 3.5 '4.0). Department - respectively Planning Division and Public \\-'arks 85. The project would be required to ~'fitigation Measure 85. The design -and construction of all "WaStevi.'4 ter City of Dublin Prior to tht: issuanc~ construct new water and waskwater systt:11lS shall be tn accordance with DSRSD servIce policies, Communit".. of a (omtruction lines on the site to distribute '\vater to procedures, design and construction standards and :master plans Development permit fur WAstewater projec [ residents :and collect wa~tev..oater, (Eastern Dublin General Plan .\mendmentiSpecific Plan i'.litiga rioo D-ep:artment and facilities l~ ~) - -I L"1-- ll~24= ...J IIJ '\OT'::r ~, L.-f J ll. c: '" ffi '" e;- '" '" ...; ~ . ~ .... ~. "jJ - ." u u c.. ~ R6. The project would Le required to construct new v,....arer and w-astev;.'ater line:$ on the site to distribute \""3ter to proiect residents and collect w-a stewa ter, :respectively S7 The p:roject would be required to construct ne\\' v..--ate:r and v..--aste\v.a ter lines on the site to distribute water ro , 1 pruit:<:t residents and collect was.kwater, i re-spectively 88. The project ..:ould be requited to construct new water and v.-ra:,=;te'W'ater lines on the site- to distribute 'i5.o"ater to prolecr :residents :and collect wastev.--ater, Ie s.pect::i.vel~' ~9 The prolect would be required to construct Oe\1i! "'''ate! and wastev;.rater lines on the sitt:: to dis tribute water to project residents and collen \\'Il5tewater, .respectively ~o. The project v,."Ould be requit:ed to consUUCt new water and wasle-'>\'ater lines un the site to distribute water to project residents and collect v,,--astev,.--ater, res.pective1y 91. The project "\\'uuld be required to construct new w~te! and wastev..--ater ;\1iug-J.hun I\.fe-asure HG. Tht: project developer shall p.repare :a detailed wastev.."ater capa6t}' llIvestigation, including meam. to minimize \1jl:3:stev,.-ra~er flows, to supplement the infonnation in the Specific Ph.n (Eastern Dublin Genem! Plan Amendment/Specific Plan "'litigation ~lea'SuIe 3.5 /7.01. i\.1itigation Measure 87 The project shall be cornistent \Y-1.th wastewater treatment plant expansion as set forth in DSRSD's master plan (Dublin General Plan Amendment:Specific Plan I\litigation ",le..ure 3.5:'9.U1. ",{jrig.tion "-{easure 8 8. The project ,h.ll be requited to use recycled v..-rateI for landscape irrigation in accordance v.rith DSRSD's Recvcled W'ater Policy per AR !II page 821 (Eastern Dublin General Plan ....'\mendment/'Sp-ecific Plan ~.fitigAtion ~feasure 3.5 '12.0\ 1\.fitigation Measure 39 1be recvcled water treatment s~;stem shall he planned, designed, and constructed fo.r energy efficienc'T in operation (Ea,tern Dublin Genem! Plan Amendment/ Specific Plan hlitigation I\leasure 3.5' 10.U). ~fitig~ rion Measure 90. The construction of the recycled v;r:ater distribution svstem shall be in ao::ordance with all applicable S rate and local reguhtions (E..tem Dublin General Plan Amendment,! Specific Plan ",Iitig.ltion Measure 3.5/20,0). 1fitigation de,igned !\,.feasure 91. \"'(!:ater consef'iranon mea-sures shall be into the project (Eastern Dublin General Plan Cil)' of Dublin Public Work, Depamnen t and DSRSD Cil)' of Duhlin Public Work, Department and DSRSD Cit'i of Dublin C()mmuniw De"\o""elopmcnt Department - Building and Safety Division, Dnblin Pnblic Works l Department, and DSRSD lil)' uf Dublin Conununi tl' Devdopment Department and DSRSD Citl' of Dublin Cummuniw Development Department and DSRSD (it\" of Dublin Community j Prior to the issuance uf a con~ttucnun permit for wastC'W"4tcr facilitit:-s Prior to -approval uf "3; Stage 2: Development Plan Prior to the jssuance uf a construction permit for r{'cvcled v;r:a teI facilities ! Prior to the issuance l of a construction penn.1t fur :recrcled 'W-rater facilitie 5 Prior to the issuance of a construction permit for recycled WAter f-acilities Prior to the- issuance of a construction ...t:. Page ~ -i I lines on me 51te tu distribute "Water to Amendrnent,ISpecific Plan 1fitigation 1feasure 3_5 /26.01. Development petIIllr \ project residents and {:ollect wastewa(u, Department and ; respeen "'Tdv ! DSRSD , 92. The rroie::ct would be req uir~d '0 , 1\.1itiga rion :\leasure 92. A reC'!.'ded \\"ater distributioo system shill be DSRSD Prior to the i!'i.!'.illLm:e construct new "\\'IJ;ter and v..--as{ewatcr im:orpOIatt:d into the projecr (Eostem Dublin General Plan of . comtrucuon lines un the site to distribute water to Amendment I Specific Plan ",litigation ,,{easure 3.5 ' 2".01. pennit for 'W'ater projet.-1: resid~nts :and collect wastev.>ater, facilities respe<:tively Q3. The project would be req~d to I\fitigation I\.ft::asure 93. The design and construction of the \5,....arer DSRSD 'Prior to the 1-S"5illinCe construct ne\'i! water and 'W<tstewater system facility improvements shall be in accurdance with DSRSD of a construction lines on the site to distribute v;.'il ter to ! standards (Eastern Dublin General Plan ..:.'\mendment,'Specific Plan permit for \\'"'ater prui ec t Iesiden ts and collect wa~rt:\\ra teI, Mitigation ~.[easUIe 3.5137.0). f-acilities re~pectivel}' 94. The project would be required to I\.fihg.l.rion ~{easure f)4. The project developer shall prmride the City a Ciw of Dublin Prior to the issuance construct new wa'e! and wastewater '\vill ser'i.'e'~ \I,....att:r letter from DSRSD priOI to the issuance of a Communirr of. gnding permit lines on the sitt: to distribute water to gnding permit (Eostem Dublin General Plan Amendment,' Specific Development project residents :and collect \\o'as.reura tef, Plan ".[iriga tiun ~.feasure 3.5,' 3 B.O). Department - respectively Planning Division 95. The project would be required to Mitigation J\.leasure 95. The vlater distribution svstem :shill be DSRSD Prior to the 1ssuance construct ncv.' 'Water and "'\v.l.stev..""ate! planned. designed, and constructed for energy efficient operation of a construction lines on the site to distribute v.'ater to (Eastern Dublin General Plan Amendmen',' Specific Plan Mitigation permit fm w-ater i project re,iden', and collect wa,tewa'er. 1\Ieasure 3.5 '40,0). facilities n:;:;pt'ctivdv r -+- N C! -1 page'); = -.\ L\ ~ C"\f-.- I \I , I RESOLUTION NO. XX - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 01<' DUBLIN ** * * * *** ** ***** ** * ** ***** * * *** ** ***** ******** AUTHORIZING INITIATION OF APPUCATION TO ANNEX THE MISSION PEAK/FALLON CROSSING AND FREDRICH PROPERTIES TO THE CITY OF DUBLIN AND DSRSD ANNEXATION NO, 16 PA 04-016 WHEREAS, the applicant, Michael Whitby on behalf of Standard Pacific Homes has requested the City to Imhate LAFCo proceedings to mmex to the City ofDuhlin and the Dublin San Ramon Services District (DSRSD) an area of approximately 67.8 acres generally locatcd in an unincorporated area of Alameda County bounded by the County boundary on the north, generally by Tassapra Road On the west, and the existing City limits on thc south, and within thc Eastern Dublin Specific Plan area (APN 9~5- 0002-001). The property is also known as the MissIOn Peak or Fallon Crossing property; and WHEREAS, the request also includes annexation of a 6 17 aerc property whose owner, Thomas Fredrich, has consented to annexation to the City and DSRSD (APN 985-0004-002-03), and to approval of a Planned Development prezonmg and related Stage 1 Development Plan. The 6 17 acre site is located northwest of the mtersectlOn of TassaJara Road and Fallon Road. The Mission Peak and Fredrich propcrtics arc eollcetively rclen-cd to as the "Project", and WHEREAS, both properl1es are located wlthm the Sphere ofInl1uenee of the City of Dublin and the Dublin San Ramon Services District, and WHEREAS, a Mitigatcd Ncgative Declaration was prepared for the Project; and WHEREAS, a staff report, dated April 25, 2006 and incorporated herein by rcferencc, dcscribcd and analyzed the Mitigatcd Negativc Dcclaration and the Project for the Planning CommIssIOn; and WHEREAS, thc Planning Commission reviewcd thc staff report and the Mitigated Negative Declaratlon at a noticed public hearing on April 25, 2006 at whIch tJme all interested partIes had the opportunity to bc hcard; and WHEREAS, at its April 25, 2006 hearing, the Planning Commission adopted ResolutIOns 06-11, 06-12 and 06-13 recommending adoption of the Mitigated Negative DeelaratlOn, appro~al of the Project, and apphcahon to LAFCo, respectively, which resolutions are lI1corporated herein by refcrenee; and WHEREAS, a staff report dated May 16, 200u, and incorporated herein hy reference, described and analyzed the Mil1gated NegatJve DeclaratIOn and the Project for the City Council; and WHEREAS, the City Council revlewed the stalTreport and the Mitigated Ncgative Dcclaration at a noticcd public hearing on May 16, 2006, at whlCh time all interested parties had the opportunity to be heard; and WHEREAS, at its May 16, 2006 hearing, the City Council adopted a ResolutJ[)n approvll1g the Mitigated Negative Declaration, introduced an Ordinance prezoning the propcrties and adopting a related Attachment 2 4L\ CiO I \'l Stage 1 Development Plan, and adopted Resolution agreement, which documents are incorporated herein by rcfcrencc. approving a preannexation WHEREAS, notice of intent to adopt this resolution of application has been given, and this Council has conducted a public heanng hased upon this notification; and WHEREAS, the principal reasons for the proposed annexation are, 1) to providc the full range of municIpal servIces to the temtory; and 2) to assure orderly development consistent with the City of Dublin General Plan and Eastern Dublin Specific Plan; and WHEREAS, the following agencics would be affected by the proposed JurisdIctional changes: Agency City of Dublin Duhlm San Ramon Services District Nature of Change Annexation Annexation WHEREAS, the territory proposed to be mmexed contains one residence on the Fredrich propcrty and IS used for agncultunll purposes but is not subject to a Williamson Act contract. A map and legal description of the boundaries of the territory are attached as Exhibit A, AnnexatIOn to the City of Dublin and to Dublin San Ramon Services District, which exhibit is incorporated herein by reference; and WHEREAS, it is desired that the proposed annexatIon be subject to the following terms and conditions: The effectIve date of this annexation shall bc ,2006. NOW, THEREFORE, BE IT RESOLVED THAT THE City Council does hereby find that: 1 The subject property is located within the Sphcrc of Influence adopted by LAFCo for the City of Duhlin and the Dublin San Ramon Serviccs District. 2. The proposed annexation of approximately 73 97 acres to the City will be a logical extension ofthe City of Dublin and Dublin San Ramon Services District boundaries. 3 The City of Dublin and the Dublin San Ramon Services District can provIde hIgh quality and efficient services to the sIte. 4 The proposed annexation is consistent with the Dublin General Plan and Eastern Dublin Specific Plan. BE IT FURTHER RESOLVED THAT THE this resolution of application is hereby adopted and the Local Agency Formation Commission is hereby requested to take proceedings for the annexation of territory as authorized and in the manner provided in the Cortese-Knox-Hertzberg Local Government Reorganlzabon Act of 2000 for annexatIon of approximately 73 97 acres of unincorporated territory to the City of Dublin and the Dublin San Ramon Services District. 2 45 0' ') \ Il '~-" PASSED, APPROVED AND ADOPTED this 16th day of May 2006. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST' City Clerk G:\PA#\2004\Q4-016 Mission Peak. Standard PaciticICC\city council authori7.ing initiation of annexati{m.DOC 3 L\ \-.0 I:. r \ \'l Date:--s'eptembcr 8, 200: EXHIBIT I FALLON CROSSING REORGANIZATION PA-04-016 ANNEXATION TO THE CITY OF DUBLIN AND DUBLIN SAN RAMON SERVICE DISTRICT Parcel located in Alameda County, California All that certain real property situate in a portion of the Northeast Quarter of Section 28, Township 2 South, Range I East, Mount Diablo Base and Meridian, being: I the Parcel described in deed to "Mission Peak Homes, Inc.", recorded January 19, 1988, Series Number 88-012390 2. the Parcel described in deed to "County of Alameda", recorded December 5,1946 in Book 5041 at Page 67 3 the Parcels described in deed to "Fredrich Family Trust", recorded May 3,1991, Series Number 91-112337 Official Records of Alameda County, described as follows: Beginning at the northeastern comer of the Silveria, Haight, Nielsen Properties Reorganization, PA-02-024 Annexation to the City of Dublin and Dublin San Ramon Services District by LAFCo Resolution No. 2003-01-A on January 9, 2003 and filed May 5, 2003 in Book 264 of Maps at Page 34, Series No. ~003262895, Official Records of Alameda County; Thence along the northern line and its westerly prolongation of said annexation the following six (6) courses: 1. South 60019'01" West, 146.25 feet 2. North 83040'59" West, 135.30 feet 3. North 64010'59" West, 528.00 fcet 4. North 87010'59" West, 473.88 feet 5 South 34049'01" West, 57618 feet 6 North 89025'59" West, 105444 feet to the southwestern corner of said "Fredrich Family Trust" parcels (91-112337), said comer also being on the general easterly boundary ofPA-02-028 Dublin Ranch West Reorganization, annexation to the City of Dublin and the Dublin San Ramon Services District by LAFCo Resolution No. 2005-03 on May 12, 2005 and filed 2005 in Bnok of Maps at Page.~, Records of Alameda County, California; Thence along the western line of last said parcels and along the general ea~terly boundary of last said reorganization the following five (5) courses: I North 01018'31" Ea~t, 14365 feet 2. North 30050' 19" West, 132.45 feet 3 North 68020'14" West, 198.08 feet 4 North 29057'44" West, 297.56 feet 5. North 08036'01" East, 114.56 feet Thence leaving the general easterly boundary oflast said reorganization and along the northern line oflast said parcels the following three (3) courses: I North 78028' 16" Basi, 287 73 feet 2. North 76057'41" East. 168.97 feet 3 North 88036'36" East, 30.34 feet to the northeastern comer oflast said parcels; G;\Admin\Jobs~03\031 0/16\annexatiun\Fallon Crossing Annexation R:2..doc Page 1 of2 Exhibit A J Y I r'')-r, I II Date: SbJltembcr 8, 200~ EXHIBIT I FALLON CROSSING REORGANIZATION PA-04-016 ANNEXATION TO THE CITY OF DUBLIN AND DUBLIN SAN RAMON SERVICE DISTRICT Thence leaving last said line, North 77004'31" East, 66.00 feet to the eastern line of Tassajara Road (66 feet wide); Thence along last said line, South 13002'02" East, 164.60 feet to the northwestern line of said "County of Alameda" parcel (5041/67); Thence along last said line North 33023'01" East, 92.29 feet to the intersection of the western and northwestern Jines of said "Mission Peak Homes, Inc." parcel (88-012390); Thence along said northwestern line and the northern and eastern lines of last said parcel, the following three (3) courses: 1 North31001'bl"East, 953 12 feet 2. South 89"21 '59" East, 1877 14 feet 3 South 01.04'22" West, 125874 feet to the Point of Beginning. Containing: 75 18 Acres! Prepared by' Ruggeri - Jensen - Azar & Associates c'i F becnsed Professional Land Surveyor No. 5186, License Expires: 06-30-07 References to the existing boundaries of the City of Dublin and Dublin San Ramon Serviccs District are primary calls. Any bearings or distances referred to herein should be only considered secondary (J"O$'2o.S-- Date Boundary line of territory is shown on Exhibit "A" Fallon Crossing Reorganization, PA-04-016 Annexation to the City of Dublin and Dublin San Ramon Services District approved by LAFCO Resolution No. ___ on the _._ day of _, 2005 Said map was certified by the County Surveyor on the _ day of __._' 2005. This description conforms to the requirements of the Alameda County Local Agency Formation Commission. Donald J LaBelle, Director of Public Works County of Alameda By' Russell Reid Peilland, Jr., County Surveyor L. S #5726, Expires 12/31/05 G:\AdmirJVobs-03\031006\annexBliDn\Fallon Crossing AJ'mcxfit.ion lU.doc Page 2 of2 fA--02-028 OOBlIN RANCH wcir R!:OROO&ATIOH ANHaATJON TO TIlE em' Of DUBUN AND TItE OOBUN ~ JW.ION SERVICES Dm"R1C1 s:Y IAFtO RESOwn ON NO, 2D05-03 ON w,r 12,2005 AND FILI:O . 2005 IN BOOK _ OF w,Ps AT PAGE _. REeORDB Of AlAMEDA COUNfY, DlUFORNl/. -P;Q.8, POINt.ct __E!EGfr4f.lING _ _ _ ---'- _ _ _ DlSilNG ClT'l' ~DAA"f UtE _ _ _ '-:-'...-......... _ tll~UmA:RV-U~ OF ~EXAT1Ct.1 PARGa. If.IE UN B2-00 1155 01-06-19-82- AP oN: g.6I:i~OOO4-00-S-o~ "" " lJ! !.J " <5 1.6 U 1.6 " uo till!! robJl!! -, /IKJ118"JJ't ""~.,. N58"2fJ't4"W N29'S7#~ Nf)1j"J/;'(JI"'E N7IJ"2sl(;"E H76~r.f1~ HNJ"J6"'~"E N77V4:rt"r S1J'V2'o.n- .. ~ LEGEND .r t " I ! 1 ~ , ~ ; ! I , I __'.\1---- JIDjrY I HUNTER 2003-30511. 05-2.1-2003 APN, 985-<XXlI--OO I , , ) ~' " \ ' , ~" " , ~, lAsso1JAOA -.....: \ REAlJGNMtN1' \ ~, BOO~dffWrr ~J:;,GE 67 -i> "z~ l5'8~7 ",'it ~ VAR(;o'S:~, \ ~ a7-:i!1J.:aJO \ ,t'.. ! IO-06-1Ba1 \ ..f APNo 986- \ '" , 0004 -002-0 I \ / , t7 I.6J " ,," TOTAL AREA ' 75.18 ACRES Stm'21 'MY re.77.11 STANDARD PACFIC CORPDAA.TKlIl 2OOIi148627 M-14-2001i _ 9BIi-oooHOI i I / I / ( \ \., H8n(J"5S~ --I1J.88' - FilEDIICH 01-112387 OO-OS-1Ii1 _ 9BB..(lO~02-03 'vi I -! ~, u / N89"2n9"W =.=--- 1a54-.<U' ~ _00 I 9a-3aS991 I 09-2 j -I '93 ---.J APN:: 986-0004-003 ---'" /........... // "'" \ ~l MAP TRACT 144! / n 7" '" I 219 If .'-02 I /~/ ~""~./ "'-", L APN,93>--OOO2-oo,-o2 / ;.i!!. qASMJARA R~% // j~ ,.' BOOK so,. DR PACE 25~, '. S1LVERlll. 1WGIlT. MElSEN PHOPEI1TJ1:S RrORGMIZATJON, I' r ' i CDIJNTl' RDAD- 25Ei3] PA-02-1lZ4 A:NN.EXATlotr TO nlE: CI1Y of GUBUN AND / f, TItE JlU8J.rl ~ RAJoION 50lV1CEll DI8TJOCT BY WOO J I' RESoWTJON No. J!OO<HlI-A oN JANUARY'. = AND AlLD _ 5. 2003 IN BOOK 2" OF w.PS AT pAGE 34 / / i i 20031628951, ROCOODS OF AlAMEDA CDUNn'. D\lJfORNl/.--<::" ~ .' 1'--- OistrInCft 14.165' 132.45' 'MOO' 2!J7.51J' 114.56' 287.75 r6ilg7' JlU<' ..."" 1~".$O' N!lJf.S:. !. !Ii< IID@ itswitl",,~1JIiSAIDI I!'AS &Y ""'lU?Sl: 2.~~~=~l/~~= __Jl'Riii1/tIJi<'sffI1WrI1f~~y. J AS A DlfMTIfIG fiMiIN1wH. mr Sl/AtL~R<l'IS 8E11IWI1I!E p(y(1JCHS CF mE UNfJftlRJC JJfWN!) lHE.fJCUitJARr CF me PRO/'OSff) A!/NEXA11OO All[) AJi'aS OOrsJDE mJS .8r:UmNrr.: ~ API't.JCtBl.E. IIER[ Pfi.O~1Dal ro ALLOIt' MUl..1lPt.E lJC5CRIP71f:NS roo-BE Pl:ACfD ~ Iff,.l;T IKl.IW C1JiERIlfSf OC A. SWGE WE. 1HEfE UNES ARt ro BE CONSfJUISJ Cf.JINCJ{)[Hr EXCEPt IIf;Imf HOlm. BASI S OF BEARIN GS: 1Hf: B:9IRJNt; (F $5a'/g'(J1'"w, ..-.s S1f()1IJN 00 THE NORT11ERN UN[ (F Iri~ t:F SII..~ HAlCHT. ~ PRlJPtRnfS RE.CIf'(NWZA~ PA-(}2-aR J.NND:AT/ON ro mE art' CF l1U8llN AND DUBJ.JN .sitJV RAUOO SERlliB ~SmJCr; FIlED ~ BOa( 264 GF ~.4PS A f Pl1fX M, .ALWlIM CQ.JNrt REWiD5. IS TlTE8AS1Sor~ T. 2. 5. ~ I E- M. Dj M 21 i 22 28 27 ~ ~ i'" " " ~I I ~ -N- ~ IJN ,.-445131 l:2:-15-19~ /J'N, '85-000 1-002 o -suo 600 ~..,j , 11=:1:. .." 300 !t. L-\"6u \ l EXHIBIT "A" FALLON CROSSING REORGANIZATION P A -04- 016 ANNEXATION TO THE CITY OF DUBLIN AND THE DupLIN SAN RAJ,lON SERVICES DISTRICT BY LAFCO RESOLUTION NO, ON . , t ! ; , , 1 PROJECT ' SITE oac<"",,", r:tk.'~~ ~'flio ~,.,. ~ '" I , a -N.' ~ r , ! i I ; ~ I; i , ! ~ I 1 L !~ ". . ""-"" t ; """""'''' ,# ,~ ~l VICINITY MAP ""II''''''' mJS U)p C1JNf'fJm,IS ro THE RfQLRREIJf}I1S IF THE [0t:::A!:. A!;ENCY FClWA11m roNIS9r.tI or ~CWNrr. .DOO./IUJ J. UlJEJJ.E. DlRECroR r.F PU8UC IKlt:f($ 8~ RIJSSfU REJI) PD4AJtJDk .R.. clJ(JNTY srHC'~l'Di" L~ 5726 aPlI/[S !2/Jl,/tJ5 DA"'. lfflS fJ.4Pk 'rfIfrn.FJr:ED. IR:4S ACiClMPANIfI} 8Y A. CiRT/nCA IE rF ~ AN!) CER11fJEI) copy iY mE fJ(XJifMRr DESCRfP'{l(jIf ~;rw HfRELNt AS RE:OOIRED Dr- salim 572O.J CF 7HE GtI~T COfX. BY: 'O/JNi!I.1E1IEJR~ . tAfl>> .Eirom..- trnCElI DAre 1H1S MAP tS IIlHJ Ar 1H! RffuSr If-M arr (}f lJVBtM NIt) -1H(-mJBUN SAN FWKlN $ltI!C[SI)ISIJIJGrAr .JIINlfJtSPASf~. a/!IIE'_ OAY{JF :2Q.15 /N--sritI<.-o--.- .~-'l(APS--'Ar PAGf ~-SERlES_ _ . NIl 11/ IffCCffIfE,OFM tIf!'llROO/.OF AtAI/!1M ctX1Nf'l; CAJ.ifI)IlII1~ !lIE' r811If1CA1E aF COIJI'tEJO/M1>.liOON/JARrlJl:SCHP1/(Jl/AA< REC<JROf/J IN SEfI1[S If(1 aF tnJ/JJl._ lillIIE' oma: OFmE.fl<CC1IWI ,t<\IfDA COtIN1Y.c.4llfTXtNIA.. -. PA mJC1( J. OtoNNt11. COCW1Y RWJRDfR 1m DEPUrt COJHT'f REcr.tf[)ER 900 , , RUGGERI-JENSEN - AZAR 1< ASSOCIATES crm. PGINEIRS, PIANNmS, SUR'i'EfQRS .uoo c::m:BGT DRIVE. sum:: 200 - PL!!.SJ[N't'{IN, C1.. '915BEI SEP'm!BER """" roB NO. 00.1008 SBEE'f 1 OF 1 SHEET Exhibit A t1 (4 T'/r- ,I \ l RESOLUTION NO. XX - 06 A RESOI,UTION OF THE CIn COUNCIL OF THE CITY OF DUBLIN ** * * ***** *** * * * ** * **** ************* APPROVING TIlE PRE-ANNEXATION AGREEMENT BETWEEN TIlE CITY OF DUBLIN AND STANDARD PACIFIC HOMES ANNEXATION NO. 16 PA 04-016 WHEREAS, an agreemcnt bctwecn thc City of Dublin and Standard Pad fic Homes has heen ncgotiated entitled "Pre-Annexation Agreement hetween City of Duhlin and thc Standard Pacific Homes for the Fallon Crossmg Property" ("Pre-Annexation Agreement"), a copy of which is attached as ExhibIt A, and WHEREAS, the Project site is in Eastern Duhhn for whICh the City adopted the 1993 Eastern Duhlin General Plan Amendment and Spceifie Plan to provide a comprehenslVe plannmg framework for future development in the area. In cOlmection wIth thIS appn"al, the City certificd a program EIR pursuant to CEQA GLlldelmes section 15168 (SCH No 91103064, Resolution 51-93, hereafter "Eastern Duhlin ETR") that is availahle for review in the City Community Development Department and IS ineorporatcd hercin by rdcrcncc. Thc Eastcrn Dublin ElR was integral to the planning process and examined the direct and indirect effects, cumulatIve Impacts, hroad policy alternativcs, and areawide mitigation measures for developmg Eastern Dublin. The Eastern Dublin EIR identified slgmficant unavoidahle Impacts from development of Eastern Dublin, somc of which would apply to the Project. Pursuant to the Communities for a Bcttcr Env!J:QJ))Tlent case, any Council approval of the project must be supported by a new Statement of Overriding ConsHleratlons WIth respect to thcsc previously identified impacts; and WHEREAS, the Eastern Duhlin EIR idcntificd potcntially significant enVlronmentallmpacts and related mitigation measures, which the City adopted together WIth mitigation findings and a Mitigation Momtonng Program (ResolutJon 53-93 ) The mItigation measurcs and monitoring program contmue to apply to developmcnt in Eastcrn Dublin; and WHEREAS, pursuant to CEQA and the CEQA Gllldelines, the City prepared a Mitigated Negahve DeclaratHln to address the site-specific impacts of the Project; and WHEREAS, a staff report, datcd May 16, 2006 and incorporated herein hy referencc, describcd and analyzed the Mitigated Negative DeelaratlOn and the annexation and prezoning project for the Planmng CommIssIon, and WHEREAS, the Planning Commission revicwcd the staff report and the Mitigated Negative Deelaration and considcrcd the annexation and prezoning project mcludjng thc Stagc I Development Plan at a noticed public hearing on April 25, 2006, at which time all mterested partics had the opportunity to be heard; and WHEREAS, the propos~d dcvelopmcnt identified in the Pre-Annexation Agreement is consistcnt with thc typc, location and densIty of land uses approved by the 1993 Eastern Dublin GP NSP Project and Attachment 3 5Dobll1 suhsequent amendmcnts; and WHRRRAS, all mlhgation measures adoptcd for the GPNSPA Project continuc to apply to lmplemcnting projccts such as the current annexation and prezoning Project; all applicable City dcvelopment ordinances and standards apply to the Project cxcept as otherwIse approved through the Project prezonIDg and related Stage 1 Development Plan; and WHEREAS, a Staff report, dated May 16, 2006, and incorporated herein hy reference, describcd and analyzed the Project for the City Council; and WHEREAS, the applicant, Standard Paclfic Homes, has executcd said Pre-Annexation Agreement. NOW, THEREI"ORE, TIlE CITY COUNCIL OF THE CITY OF DUBLIN DORS HRRRBY RESOLVE AS FOI,LOWS: Said Pre-Armexation Agreement IS herehy approved and thc Mayor ofDubhn lS hereby authorized to execute it. PASSED, APPROVED, AND ADOPTED this 16th day of May 2006, by the following vote: AYES: NOES: ABSENT: ABST AIN: Mayor ATTEST City Clerk (i:\P 6,,#\2004\04-016 Mifl!iion Pt:ak - Standard f'acific\CC\CC Rt'::su Pte-Annex,doc Slbn\\l RECORDING REQUESTED BY CITY OF DUBLIN When Recorded Mail To. City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 Spece ebove this line for Recorder's use PRE-ANNEXATION AGREEMENT BETWEEN CITY OF DUBLIN, STANDARD PACIFIC CORPORATION THIS AGREEMENT is entered into this ~ day of , 2006 ("Effective Date") by and between the City of Dublin, a municipal corporation ("the City") and Standard Pacific Corporation., a Delaware corporation ("Developer") City and Developer are referred to collectively as the "Parties." Recitals 1 In 1993, the City Council of the City adopted the Eastern Dublin General Plan Amendment and Eastern Dublin Specific Plan ("the Specific Plan"). 2. The General Plan and the Specific Plan include goals and policies to prevent development within the Eastern Extended Planning Area and the Specific Plan Area (hereinafter collectively "Eastern Dublin") from drawing upon and diluting the fiscal base of the remainder of the City 3. The fiscal analysis included in the Specific Plan anticipates the last new fire station in Eastern Dublin will become operational in the year 2010 4 A condition was imposed on the developer of Dublin Ranch Area A in Resolution 00-36 of the Dublin Planning Commission to construct or fund construction of a new fire station in Eastern Dublin, but in no event earlier than July 1, 2003. In addition, Condition 109 of said Resolution obligates the Dublin Ranch Area A developer to fund any deficit between costs associated with services to properties in Eastern Dublin and revenues from such area, less amounts which other owners seeking development entitlements should pay for such deficit. Development of the Annexation Area will benefit from construction of the new fire station. Fallon Crossing Pre-Annexation Agreement Between City of Dublin, Standard Pacific Homes, Inc. and Mission Peak Homes, Inc. 803093.4 Page 1 of 8 DRAFT. March 29, 2006 Exhibit A 5 Z. Clr I \ I j 5. Developer is the owner of certain property within the Specific Plan Area described more particularly in Exhibit A ("the Fallon Crossing Property"), which is incorporated herein by reference. Developer intends to develop a residential project on the Fallon Crossing Property 6. On February 17, 2004, the Developer filed an application with the City to prezone and annex to the City the Fallon Crossing Property and certain other land within the Specific Plan Area owned by Thomas A. and Helene L. Fredrich ("the Fredrich Property") (collectively, "the Annexation Area"), all of which is shown on the map attached hereto as Exhibit B and incorporated herein by reference. The Developer did not submit any development plans with the application for the Fredrich Property 7 The City currently anticipates that the cost of providing public services to the Eastern Dublin at a level consistent with services provided within the City will not exceed revenues generated to the City from property within Eastern Dublin. However, it is possible that, due to the expenses related to the operation of Fire Station 18, which serves the Eastern Dublin and which opened in July 2003, the costs of providing services to the Eastern Dublin may exceed revenues generated in the area. 8. Nonetheless, even if such a deficit does occur, as development takes place within the Eastern Dublin as anticipated, it is expected to generate revenues to the City that will reduce and, in the near future, eliminate the above-described deficit. Consistent with the goals and policies of the General Plan and Specific Plan, Developer will pay to City the Developer's proportionate share of any such deficits, as provided herein. Developer's proportionate share shall be 2.33% (two and thirty-three one- hundredths percent), which is the percentage that the Annexation Area (76.64 acres) bears to the lands within the Specific Plan area that had not been annexed to the City as of July 25, 2000, the date of Resolution 00-36 (1,929.84 acres) plus the Dublin Ranch Project (1,363.29 acres). 9 Certain improvements to the 1-580rrassajara Road Interchange ("Tassajara Interchange Improvements") and the 1-580/Fallon Road & EI Charro Road Interchange ("Fallon Interchange Improvements") (collectively the "Interchange Improvements") must be constructed in order to facilitate development on the Annexation Area. City has previously entered into agreements for funding the construction of the Interchange Improvements with developers of property within the City Pursuant to these agreements, four developers (Alameda County Surplus Property Authority, Jennifer Un, Greenbriar Homes and Mission Peak) have agreed to advance at least $11 ,863,969 to City for the Tassajara Interchange Improvements, and the Un Family has agreed to advance monies to the City needed for the Fallon Interchange Improvements. All of the agreements require the City to seek reimbursement from non~contributing developers prior to the issuance of building permits to the non-contributing developer Development of the Annexation Area will benefit from construction of the Interchange Improvements. Fallon Crossing Pre-Annexation Agreement Between City of Dublin, Standard Pacific Homes, Inc. and Mission Peak Homes, Inc. 803093.4 Page 2 of 8 DRAFT. March 29, 2006 ::.:, ~ ublll AGREEMENT NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, the Parties agree as follows. Section I. General Fund Shortfalls A. The Developer's Payment Obligations; Definitions. Developer shall pay the City 2.33% of the deficit, if any, between Public Service Costs and General Revenues. "Public Service Costs" shall mean the general fund cost of providing public services to the Eastern Dublin Area at a level consistent with public services provided within the incorporated area of the City prior to the annexation. "General Revenues" shall mean those revenues deposited to the City's general fund from property and inhabitants within the Eastern Dublin Area. "Eastern Dublin Area" shall include all lands within the Eastern Dublin General Plan Amendment area (see map attached as Exhibit C) that are within the City limits of Dublin. B. Duration of Payment Obligations. The Developer's payment obligation under this Section I shall begin when a deficit exists and shall terminate when there is no longer a deficit but in no event shall the obligation extend beyond June 30,2010 ("Deficit Period"), The Developer's payment obligation may be terminated only by detachment of the Fallon Crossing Property from the City or by separate agreement approved by the City Should development on the Fallon Crossing Property fail to occur by June 30, 2010, and the Fallon Crossing Property therefore fails to generate sufficient revenues to the City to provide City services to the property, Developer agrees not to protest the detachment of the Fallon Crossing Property from the City C. Annual Fiscal Analyses. The City shall prepare a fiscal analysis each year during the Deficit Period to estimate the amount by which the Public Service Costs will exceed General Revenues. The fiscal analysis will be prepared on a fiscal year basis (July 1 to June 30) and will calculate the deficit for the preceding fiscal year D. Payments to the City. No later than October 1 of each year during the Deficit Period, Developer shall pay to City 2.33% of the deficit between Public Services Costs and General Revenues for the preceding fiscal year, based on the fiscal analysis, plus 2.33% of the cost of the fiscal analysis described in Section I.C. E. Security for Payment. At such time as requested by the City Manager, Developer will provide the City with security in an amount and form satisfactory to the City Manager, to become effective once the Annexation Area becomes part of the City, to secure the payments to the City described in Section I.D above The security may consist of a letter of credit or similar instrument. Developer agrees that the City shall be under no obligation to continue processing any land use entitlement applications for Developer if security has not been provided when requested by the City Manager Fallon Crossing Pre-Annexation Agreement Between City of Dublin, Standard Pacific Homes, Inc. and Mission Peak Homes, Inc. 803093.4 Page 3 of 8 DRAFT. March 29, 2006 ~y BcJ III F. Reimbursement from Other Property Owners. The City shall consider fair and appropriate ways of reimbursing the Developer some of the amounts Developer may be required to pay under this Section I from the owner of the Fredrich Property, this being the only other property included in the Annexation Area that is not controlled by Developer To the extent permitted by law, the City shall require owners of the Fredrich property who seek City approval of development entitlements for such property to pay a fair and proportionate share of the amounts that Developer is required to pay pursuant to this Section I. Section II. Pavment to Citv for Tassaiara Interchanae Improvements A. Advance of Monies by Developer. Developer agrees not oppose the City's imposition of conditions on future land-use approvals that would require Developer to advance, prior to approval of the first final subdivision map to create individual lots in the Fallon Crossing Property, the sum of thirty-eight thousand four hundred and fifteen ($38,415) for the Tassajara Interchange Improvements. The advance is required by agreements with other Eastern Dublin developers that have advanced monies for the construction of both the Tassajara Interchange Improvements and the Fallon Interchange Improvements. B. Use of Monies by City. City will use the monies paid by Developer pursuant to Section II of this Agreement, together with any interest earned thereon, for construction of the Tassajara Interchange Improvements. As used herein, "construction" shall include preliminary engineering, preparation of project study report, project report, plan specifications and estimates, engineering, environmental documentation and review, right-of-way acquisition (if necessary), permits, processing, utility relocation, construction, construction inspection, project management, and inspection. City shall be under no obligation to use the monies paid by Developer until such time that City has adequate monies to construct the Interchange Improvements. C. Credit Against TIF. City will provide a credit to Developer in the amount of Developer's payment of monies under this Section II, to be used by Developer against payment of the Eastern Dublin Traffic Impact Fee ("TIF"). The use of credits (including limitations on the use of credits) and manner of conversion of the credit to a right of reimbursement will be as determined in the development agreement between Developer and the City, or, if not, as set forth in the City's TIF Guidelines (Resol. 23-99), subject to the following provisions: (a) the credit shall be granted at the time Developer makes payments of money pursuant to this agreement; and (b) the Tassajara Interchange Improvements credit may be used only against the Category 1 TIF Fees. Section III. Pavment to Citv for Fallon Interchanae Improvements A. Advance of Monies by Developer. Developer agrees not oppose the City's imposition of conditions on future land-use approvals that would require Fallon Crossing Pre-Annexation Agreement Between City of Dublin, Standard Pacific Homes, Inc. and Mission Peak Homes, Inc. 80'093.4 Page 4 of 8 DRAFT: March 29, 2006 ~"::; 0 t) 111 Developer to advance, prior to approval of the first final subdivision map to create individual lots in the Fallon Crossing Property, to the City 0.4203% of the monies advanced by the Lin Family pursuant that certain Agreement between the City of Dublin and the Lin Family Regarding Funding for Construction of the Fallon Road/I-580 Interchange, dated May 1, 2001 and as subsequently amended ("the 1-580 Construction Agreement"). The City may request payment no earlier than the recordation of a final map and, if the developer elects to record multiple final maps, only in proportion to the number of residential lots created by the proposed final map relative to number of residential lots in the Project in the aggregate In the event that the Developer files a final map with fewer residential lots than are proposed in the tentative map, then the amount of the payment for that final map and any future final map shall be based upon the reduced number of units. As the advances by the Lin Family may be made in one or more increments, the obligations will not be satisfied until such time as the Lin Family has satisfied its obligations under the 1-580 Construction Agreement. Thus, notwithstanding anything to the contrary in herein, the City's requests for payments at recordation of final maps under this subsection may be requests to satisfy only a portion of Developer's obligation, and the City may later request that the remainder (or portion of the remainder) of the Developer's obligation to advance monies set forth in this paragraph be satisfied. Accordingly, Developer agrees to advance the remainder (or portion of the remainder) of its obligation upon request by the City For example, if the Lin Family has contributed $5,000,000 towards the construction of the Fallon Road interchange but they have not discharged their entire obligation under the 1-580 Construction Agreement, Developer, upon filing a final map to create 103 units, will be obligated (a) to contribute $21,000 (0 42% of $5,000,000) and (b) upon the later request of the City, to contribute 04203% of such other amounts as the Lins later contribute pursuant to the 1-580 Construction Agreement. B. Use of Monies by City. City will use the monies paid by Developer pursuant to Section III of this Agreement, together with any interest earned thereon, for construction of the Fallon Interchange Improvements. As used herein, "construction" shall include preliminary engineering, preparation of project study report, project report, plan specifications and estimates, engineering, environmental documentation and review, right-of-way acquisition (if necessary), permits, processing, utility relocation, construction, construction inspection, project management, and inspection. City shall be under no obligation to use the monies paid by Developer until such time that City has adequate monies to construct the Interchange Improvements. C. Credit Against TIF. City will provide a credit to Developer in the amount of Developer's payment of monies under this Section II, to be used by Developer against payment of the Eastern Dublin Traffic Impact Fee ("TIF") The use of credits (including limitations on the use of credits) and manner of conversion of the credit to a right of reimbursement will be as determined in the development agreement between Developer and the City, or, if not, as set forth in the City's TIF Guidelines (ResoL 23-99), subject to the following provisions, (a) the credit shall be granted at the time Developer Fallon Crossing Pre-Annexation Agreement Between City of Dublin, Standard Pacific Homes, Inc. and Mission Peak Homes, Inc. 803093.4 Page 5 of 8 DRAFT. March 29, 2006 5la Db 117 makes payments of money pursuant to this agreement; and (b) the Fallon Interchange Improvements credit may be used only against the Category 2 TIF Fees. Section IV. Payment of Funds for Construction of Eastern Dublin Fire Station A. Reimbursement for Construction of Eastern Dublin Fire Station. Developer agrees not to oppose a requirement on future development approvals that requires the Developer to advance the sum of one hundred thirteen thousand, three hundred thirty one dollars ($113,331) to the City, prior to approval of the first final subdivision map to create individual lots on or, if no subdivision map is required to facilitate the development of a particular property, prior to approval of Stage 2 Development Plans, in order to allow the City to reimburse the developer of Dublin Ranch Area A (DR Acquisitions, L.L.C ) for its advance of costs to construct and equip the new Eastern Dublin fire station (Fire Station 18). The amount of the advance is based on the total amount advanced by DR Acquisitions, L.L.C. multiplied by the percentage of acreage (2.33%) that the Fallon Crossing Property bears to the total acreage of the Eastern Dublin area. B. Credit Against Fire Impact Fee. City will provide a credit to Developer in the amount of Developer's advance of monies under this Section, to be used by Developer against payment of Fire Facilities Fee. The amount of the credit, once established, shall not be increased for inflation and shall not accrue interest. The credits may be used by Developer against payment of the Fire Facilities Fee for any project in Dublin or, with written notice to City, may be transferred by Developer to another developer of land in Dublin. If Developer has not been able to use the credits within ten years of the City's acceptance of Fire Station 18 Improvements, the remaining credits will convert to a right of reimbursement and shall terminate after ten years. Any reimbursement shall be from Fire Facilities Fees only, if available. Other aspects of the credit and right of reimbursement shall be consistent with the City's Traffic Impact Fee Guidelines. Section IV. Payment of DeyeloDment ImDact Fees Notwithstanding any vested rights Developer may later obtain, Developer hereby agrees to pay all lawfully enacted development impact fees that are in effect at the time building permits are issued, or at such subsequent time that the fees are otherwise due, for each individual structure within the Project. Section V. ADDroval of Annexation This Agreement shall take effect when the City adopts a resolution of application to annex the Annexation Area, with or without conditions or, if the Developer files a petition to annex, upon annexation. Upon adoption of such resolution, the City shall take reasonable steps to facilitate annexation of the Annexation Area in a timely Fallon Crossing Pre-Annexation Agreement Between City of Dublin, Standard Pacific Homes. Inc. and Mission Peak Homes, Inc. 803093.4 Page 6 of 8 DRAFT: March 29, 2006 ~1'Dblll manner. This Agreement shall become ineffective, however, if the annexation is not approved by LAFCO or the voters or does not become effective for any other reason. Section VI. Additional Provisions A. Correctness of the Recitals. The Recitals set forth in this Agreement are true and correct and are a part hereof B. Further Assurances. The Parties shall execute, acknowledge, and deliver such additional documents or instruments as may be necessary to carry out the intent of this Agreement, including but not limited to, those expressly referred to in this Agreement. C. Construction by California Law. This Agreement is entered into in the State of California and shall be construed and interpreted in accordance with its laws. D. Representation of Comprehension of Document. In entering into this Agreement, the Parties represent that they have relied upon the legal advice of their attorneys who are the attorneys of their choice. The Parties further represent that the terms of this Agreement have been completely read by and explained to them by their attorneys, and that they fully understand and voluntarily accept those tenTIS. E. Authorship. Each Party and counsel for each Party has reviewed and revised this Agreement, and accordingly, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement or any amendment of it. F. Authority to Execute. Each of the persons executing this agreement on behalf of a legal entity represents and warrants that each has full power to enter into this Agreement on behalf of the entity and that the Agreement is binding on the entity G. Entire Agreement; Amendment. This Agreement contains the entire agreement between the Parties with regard to the matters set forth. There are no additional written or oral agreements or promises between the Parties concerning these matters which are not expressly set forth in this Agreement. This Agreement may be amended or modified only by an agreement in writing executed in the same manner as this Agreement. H. Attorneys' Fees. In the event a Party to this Agreement is found in a court of law to have breached this Agreement, said Party shall pay the opposing Party's reasonable attorneys fees and costs incurred in litigating the breach of contract action. I. Approval of Project. By entering into this Agreement, City makes no commitment that it will approve the Project. Fallon Crossing Pre-Annexation Agreement Between City of Dublin, Standard Pacific Homes, Inc. and Mission Peak Homes, Inc. 803093.4 Page 7 of 8 DRAFT: March 29, 2006 ::, -;2 r:-u I n J. Notices. All notices shall be by certified mail or hand delivered to the Parties as follows. To the City' City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 To the Developer' Standard Pacific Homes 3825 Hopyard Road, Suite 195 Pleasanton, CA 94588 Attn: Michael Whitby K. Recordation. This Agreement shall be recorded against the Property described in Exhibit A (the Fallon Crossing Property). IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. CITY OF DUBLIN STANDARD PACIFIC CORPORATION Janet Lockhart, Mayor '-' MHno.J ...........,.. """"1 _~ Approved as to form: Elizabeth H. Silver, City Attorney Attest: Fawn Holman, City Clerk [NOTARIZATIONS ATTACHED] Fallon Crossing Pre-Annexation Agreement Between City of Dublin, Standard Pacific Homes. Inc. and Mission Peak Homes, Inc. 803093.4 Page 8 of 8 DRAFT' March 29, 2006 !:::/~i)b ) 1/ EXHIBIT A Fallon Crossing Property Description loOtJb ll/ EXHIBIT B Map of Annexation Area EXHIBIT C Map of Eastem Dublin General Plan Amendment Area (ole-bI17 !..P2 rSl-: II 7 .J ORDINANCE NO. XX - 06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ***************************************** PREZONING THE FALLON CROSSING PRO.TECT SITE TO THE PLANNED DEVELOPMENT DISTRICT AND APPROVING A REI"ATED STAGE I DEVELOPMENT PLAN PA 04-016 The City Council of the City of Dublin does ordain as follows: SECTION 1: FINDINGS A. Pursuant to Scetion 8.32.070.A and B, and Sechon 32.120.050.A.l of the Dublin Municipal Code, the City COllliCil finds as follows. I The Planned Development Prezone and related Stage 1 Development Plan meet the intent and purpose ofChaptcr 8.32 of the Zoning Ordinance because they provide a Stage I Development Plan for the Projcct that will create a desirable use of land and an environment that will be ham10nious and compatible with cxisting and potential development in surrounding areas and because the site plan incorporatcs and reflects development policies and pattcms from the General Plan and Eastern Duhlin Specific Plan. 2. The Planned Development Prezoning and Stagc 1 Development Plan IS consIstent with Chapter 8.32 of the City's Zomng Ordmance because the Stage 1 Dcvelopment Plan estabhshes uses and standards to ensure that the Project will be compatible with existing and proposed resIdential and other uses in the immediatc vicinity B Pursuant to SectIOns 8.120.050.A and B of the Dublin Mumclpal Code, the City Council finds as follows. 1 The Project site IS physIcally sUltahle for type and intensity of this Project 111 that It IS intended to conform wIth City policIes related to hillside development. The Project IS deSIgned to minimally affect the eXlstmg topography and terrain of the site; has adequate access; and IS of a sufficient size to provide an efficIent residential projcct while preservmg senslhve open spaec arcas. 2. The proposed Planned Development Prezoning and Stage I Development Plan will not adversely affect the health or safety of persons residing or working III the VIC1l1Ity, or he dctrimental to the public health, safety or welfare hecause thc Stage I Development Plan has been designed in accordance with the General Plan and Eastern Dublin Specific Plan, will comply with all applicahle dcvelopment regulations and standards, and will implement all adopted mltlgatlOll measures. 3 The proposed Planned Development Prezoning and Stage I Development Plan is consistcnt with all elements and policies of the Duh]in General Plan and the Eastern Dublin Specific Plan. Thc Stagc I Development Plan conforms to the elemcnts and policies of those plans through thc provision of open space and wl1dhfe habitat protcction required by the Land Use, Parks and Open Space and Conservation Elements, roadways consistcnt with the CirculatIOn Element, adequate puhlle facilities as rcquired by the Schools, Public Lands and Utilities Element, housing as deSIred by the Housing Element, and safe design as required by the Scismie Safety and Safety Element. Attachment 4 Co ~ I'5b /17 4 The PlarUled Development Prezoning and Stage 1 Development Plan will provide efficient use orthe Project site lands pursuant to thc General Plan and Eastern Dublin Specific Plan policies that include the preservation of slgmficant open areas and natural and topographic landscape fcaturcs with minimum altcration of natural land fornls C Pursuant to thc Califomia Enviromnental Quality Act, the City Council adopted a Mitigated Negative Declaration, Statement of Overriding Considerations and Mihgation Monitoring Plan for thc Project on May 16,2006 Resolution , incorporated herein by reference. SECTION 2. MAP OF THE PROPERTY Pursuant to Chapter 8.32, Title 8 of the CIty of Dublin Municipal Code the City of Dublin Zoning Map IS amcnded to prczone the following property ("the Property") to a Planned Development Zoning District: 73.97 acres generally located west and east of Tassajara Road, north of the Pinn Brothers/Silveria Ranch project and south of the Moller Ranch. (APNs: 985-0002-001 & 985- 0004-002-03 ). A map ofthe prez.onmg area IS shown helow' ,~.'], .'" : .~,._" ,~" \. ." ~~r,"'~J.~-"'-'" <<";"'" ,.~ ;. ! ~ PAO.fEt.T !VI'. ...11I1;0;01 :: &rri ! ~I(.r'\" I ~'. ~,~., "'" .1. -t. '''-''''''.1--'._-''''' -- ,'''- :'~~~'~'-;~.:,~::~',:,~"""')'--"-' ",." l/f'" V!Q~I::rY. MAp' Mlt~~r-'~ SECTION 3. APPRO\' AL The rcgulations for the use, development, improvement, and maintenance of thc Propcrty arc set forth in the following Stage I Development Plan for the Project area which is hereby approvcd. Any amcodmcnts to the Stage 1 Dcvclopmcnt Plan shall be in accordance wIth section 8.32.080 of the Duhlin MumClpal Code or lis successors. Stage 1 Development Plan for Fallon Crossing (PA 04-016) This is a Stagc I Devclopment Plan pursuant to Chapter 8.32 of the Duhlin Zoning Ordinancc. This Devclopment Plan mects all the requircments for a Stage I Development Plan and is adoptcd as part of the PO-Planned Development prezoning for thc Fallon Crossing project, PA 04-016. The Stagc 1 Development Plan cnnslsts of the items and plans identified below, many of whIch are contained in a separately bound document titled Stage I Develooment Plan, Fallon Crossing & Fredrich ProDerties, dated April 13, 2006 ("Stage 1 DP booklet''). The Stage I DP booklet IS mcorporated herein by rcfercnce and is on file in the Duhlin CommlUlity Dcvclopment Department under file nO. PA 04-016. The PD- Planned Development District and this Stagc I Development Plan proVIde flexihility to eneouragc mnoval1ve development while cosuTIng that the goals, policies, and action programs of the General Plan, Eastern Dublin SpecIfic Plan, and prOVISIons ofChapler 8.32 of the Zoning Ordinance are sahsfied. 2 !..o '-I ~ 117 I Statement of Permitted Uses. PermItted, condihonal, and acccssory uses are allowed as follows: A) PD Single Family Residential Intent: Singlc Family land usc designations are established to. a) reserve appropriately located areas for family living at rcasonable population densltJes consIstent with sound standards ofpuhlie health and safety; b) ensure adequate hght, aIr, pnvacy and open space for each dwelling; c) provide space for semi-pubhc facilities needed to complement urban residential arcas and for institutions that require a resldentJal enVIHlI1ment, and d) accommodate single family housing, including a wide range of units from small-lot and zero-lot linc units to large lot estate units. Intensitv of Use: 9 - 6 0 dwelling units pcr acre Permitted Uses: Single family dwellmg Accessory structures and uses m accordance with Scction 8.40 030 of the Dubhn lonmg Ordinance Community care facihty/small (permItted ifrequircd by law, otherwise as conditional use) Homc occupation in accordance with Chapter 8 04 ofthe Dublin Zoning Ordinance Pn , ate recreation lacility (for homcowncrs' association and/or tenant use only) Small famIly day care home per Chapter 8.08 ofthc Dublin Zoning Ordinance Second residential umt, If bUIlt hy mlhal homehuildcr, in accordance with appropnate regulations of the Dublin Zomng OHbnance (Chapter 8.80) Conditional Uses. Ambulance service Bed and breakfast inn Day care center Large fanlily day care home Parking lot - reSIdentIal Religious faclhty School/private Second residenhal umt, If not huilt hy initial homcbuilder, in accordance WIth Stage 2 Planned Development Accessory Uses: All Accessory Uscs shall bc III accordance with SectIOn 8.40 of the Dublin Zoning Ordinance Temporary Uses: Temporary construction trailer Tract and sales office/model home complex B) PD Neighborhood Park (Private) Intent: Neighborhood opcn space and recreational areas, hoth active and passivc. 3 !..t 5: C'"b I I 7 Permitted Uses, including hut not limited to Neighborhood Park Recreahonal or educational facility Trail stagmg area C) PD Open Spacc Intent: Open Space land use designatIOns are established to ensure the protecbon of those areas of special significance. Permitted Use, including hut not limited to Public or private infrastructure Public recreation facihty - actlVe or passivc Trails and maintenance roads Other recreational or educational facility Trai I stagmg area Uses allowed by the U S. Army Corp of Engmeers undcr Section 404 and 1603 agreements Water quality, drainage, and othcr similar facilities, mcluding swales and basins Areas with slopes over 30 percent Streams and drainage protectIon corridors Woodlands ConservatIOn areas Wildlife habitat preservahon Visually sensitive ridge lines Permitted or Conditional Uses. including but not limited to Agriculture and grazlDg (lfnot already existing) Pnvate recreahon facility -. aetivc or passive 2. Stage I SIte Plan. See Stage 1 DP booklct, p. 18 3 Site Area, Proposcd Densities. As shown helow for Fallon Crossing/Mission Peak. Gross Midpoint Dansity Number of units ____n...."'. .-..-- land Use Acres Density Range proposed min ~ max -~,'."" ~_.~~ ',- . "&,..~,.",._-_.,,.- PO Single Family Residential 19.5 ac 3.99 du/ac .9-6 dulac 103 du 17-117 du .. .~' - ~-,.,~ --..". .- ...,"U_ PO Neighborhood Park 1.0 ac nla nla nla nla ...m .- ... ...._._. PO Open Space 46.8 ac nla nla nla n/a .....--.., ,,-_. . .." .~ Right-ol-way .5 ac nla nla n/a nla --..... .. .-. . - TOTAL 67.8 ae 1.52 du/ac 103 du nla du Residential .-.... ---- .~.u Non-Residential n/a nla 4 U;LQ b 117 b 4 Phasmg Plan. Fallon Crossing is proposed to be developed in one phase. 5 Master Nelghhorhood Landscaping Plan. See Stage 1 DP booklet, p 20 6. General Plan and Specific Plan ConsIstency Thc Project IS consistent with the residential uscs and densities shown for the site in the General Plan and Eastcrn Dublin SpeCIfic Plan. No amendment to either plan is proposed. 7 Inclusionary ZOlllng Regulations. See Stage I DP hooklet, p 7 Fallon CrossmgIMission Pcak proposes to providc eight (8) affordahle units, or 67 %, and pay an in.licu fee for the remainder (If thelr obligation. No agreements currently arc in place WhlCh would satisfy thc affordable housing requirements for either property However, compliance would he requircd when cach property develops, and an arrangement would be agreed upon prior to approval of the Tentative Tract Map and Site Development Revicw R. Aenal Photo. Sec Stage I DP booklet, p 17 q Apphcahle Requircments of Dub 1m Zon1l1g Ordinance. Except as specilkally provided in this Stage I Development Plan, thc usc, development, lmprovcmcnt and mamtenance or the Propcrty shall be governed hy the provisions of the Duhlin Zoning Ordinance pursuant to section R.32.060.C 10 Development Concept. Fallon Crossing is proposed to he a residential neIghborhood or 103 single fanlily detached homes with requisite open space, pedestrian corridors, mfrastructure, and landscaping. The Development conecpt for the area stnves to prcserve the natural envIronment and create a community that IS compatible with the natural terrain by cmphasizing: open space, hillsides and ridges, scemc corridors, and the enVirons of the Tassajara Crcek tributaries assoclated with scnsitive habitat preservation. A more detalled slte plan, spceifie development standards, and a Site Development Revicw with design cntena will he suhmitted with the Stage 2 Development Plan following armexation. Tassapra Road and Fallon Road currently are identified by the City as scenic corridors WIth starldards ror prescrving views of scemc ndgelincs and knolls from the corridor. Steeper slopes and ndgehnes on sitc are designated as open space. Grading of the site is proposed to takc into consideration the hilly terrain. Wherever, possihle development would be contourcd to hillsides in order to avoId excessivc cuts and fills. To m1l1imizc visual impact, most of the rcsidential development would be tucked behind the ndgehne visible from Fallon Road The I-acre lInear park serves as open space and will include a pedestnan trail, sitting areas, small play arcas, and native landscaping. In addition, it will serve as a wildlife habItat and passage. A mmlm\~m sethack of 100 feet from the top of the bank of the creek and its trihutaries will bc maintained as well as existing ponds constructed on site as habitat for potentially sensitive or endangered wildlife. 11 Fredrich Property No development is proposed or approved for thc Fredrich property All resldenhal and agricultural uses eXlstmg at the errectivc date of the annexation are pemlitted to continue until the property owner applies for and the City approves amendment of thc PD- zoning and adoption of a new Stage 1 Dcvclopment Plan 111 accordance with the Planned 5 07?'b/17 Development DIstrict provisions of the Zonlng Ordinanec. Minor expansIOn of existing uses shall be subject to revIew and approval by the Director of Community Development. SECTION 4. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordjnancc shall take effect and be enforced thirty (30) days following its adoption. The City Clerk of the City of Duhlin shall cause this Ordinance tn be posted in at least three (3) public places in the City of Dublin m accordance with Section 36933 of the Government Code of the State of Calilornia. PASSED AND ADOPTED BY the City Council of the City of Dublm, on th,S _ day of , 2006, by the followmg votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PI\/!\2004\u4.016 Mi~~i\ln r~ak Sllllll:llll(II'al,ifICII'(: &. t:l: SInge llPDOrdinance for FaUan Cr\ls~ill!: JlJl.' 6 ~ -i- ~ ~ UII ROJECT SITE ~ ~ m ~ ASOII DRIvE: '?!<<. g,., \ PKWY INlERSTA 1E 580 ~o~ <f>"t- ~t- b L':I VICINITY MAP NOT TO SCALE -1- eo2t'b )) 7 ~~, ~~ Attachment 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . log L'b1ll Stage 1 Development Plan Fallon Crossing Dublin, California April 7, 2006 Standard Pacific Homes Attachment 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 'G1-.,I1I Fallon Crossing & Fredrich Properties Eastern Dublin Specific Plan Stage 1 Development Plan ^ priJ 7, 2006 Table of Contents Paee Vicinity Map .1 Project Descnption . . . 2-7 Project Findings 8-10 Photo LocatIOn Key II Site Photos 12-16 Aerial Photo .. 17 Stage 1 SIte Plan 18 Stage I Conceptual Tassajara Road Strcctscape 19 Linear Park Landscape Plans 20-21 Crcck Sank Rcstoration & StabihzatlOn Plan 22-23 (j,\~~II,ill\h)I).S-{)'\\()\ 10(l(,~"t"!lf I'Slnee 1 D~~fl()[1mfnt Plan.wpd UN II <:> N ~ ~ ~ ~ GLEASON DRI>f: PKWY . . . . . . . . . . . . . ; I ~:; '''; ," ,. . . . . . . . . . .<: . '" 1 . . . . . . . . . . . . . . . . . . . . . \1".,,",,:';:;;: ;::'::;;'.i:'.;"'; ;'::'1:::"". PROJECT SITE UN I-!.l lNlERSTA TE S80 0,<-0 ~ II,-~'<- Str-"'<- ~ fS~ '" ij <, c~: ~l' ;'1';'.;"" ,." , ,~'. "" ,; ,'I'.!;; : :: : "'^ ;;; '; ',"n., ' , " VICINITY MAP NOT TO SCAU -I- ,I U"r I Ii ) ',f, ( d: :N ;:1: * & , ! ~: ii 1. , " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -1'2.. [1 b III April 7, 2006 Project Description Fallon Crossing Eastern Dublin Specific Plan Location The subject propelties, known as Fallon Crossing (formerly Mission Peak property) and Fredrich are located within the Eastern Duhlil1 Specific Plan Arca. The combined project area of Fallon Crossing (67.22 acres) and the Frcdrich Property (6.17 acres) is approximately 75 18 acres. The Fallon Crossing site lics to thc east ofTassajara Road between Silvera Ranch and the Moller property The sitc is eurrcntly used for cattle grazmg. No pemmnent structures exist on the site except for a well and well house. The surrounding land owners and uses includc the Moller property to the north and the Lin property to the east whIch are primarily uscd as grazing land. The Silvera Ranch development to the south is currently under construction and features residential and open space uses per the Eastern Dublin Specific Plan. The western boundary is dcfined by Tassajara Road which serves as a connection between Alanleda County and Contra Costa County The Fredrich Property is located west of Tassajara Road and east of Tassajara Crcck. The site currently has a rural reSIdential home and ancillary huildings. Proposed Uscs Thc propertics lie within two subareas ofthe Eastern Dublin Specific Plan. the Tassajara Village Subarea and the Foothill ReSIdential Suharea. This application seeks PO prezoning of the Fallon Crossing site to allow for residential and open space land uses consistent with the Specific Plan. No development is currcntly proposed for the Fredrich Property The PO prezoning and Stage 1 Developmcnt Plan are intended to reflect the Specific Plan policies and land use desIgnations applicable to the project site. A schemahc depiction of proposed land areas and denslhes IS shown in the Stage I Site Plan on page 18 ofthis document. Thc land use boundaries and road alignments presented on the plan are apprOl\lmate. The precise location of land uses, final umt count, and density will he deternli11ed as part ofthc Stage 2 Development Plan when a more detailed site plan will be reviewed. Permitted, conditional and aeeessary uses will be allowed per the requirements of the R-l Zonil1g District. The project applicant proposes 103 units on the Fallon Crossing site which is withm the 36-172 dwelling unit range penl1itted by the Specific Plan. No additional units or change in use are currently proposed for the Fredrich Property The table helow presents the land uses and densIties under the Stage I Dcvelopment Plan for Fallon Crossmg ( formerly the Mission Peak property) as presented in the Eastem Duhlm SpeCIfic Plan. G:,AdTTliI1'.Jllbe;,I.l)\031IJ06\SI~~W I\St;!J!:c I D~.~d~)I-"II\(:l\lI'IMl ".~\d .2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2 1''::r Iii --> b Specific Plan Snmmarv Table F4LLON CROSSING Specific Plan Land Use Summary Aeresolo Density Units Medium High Density Residential 1.1 14.t - 25.0 IS - 27 Single F'amily Residential 24.2 .9-6.0 21 - 145 Rural Residential 38.5 .01 1 Open Space 2.7 0 0 rassajara RoadlFallon Road - R.O.W. 1.3 0 - SU8TOTAL 67.8 36 -172 .REDRICH Rural Residential 7.9 1 GRAND TOTAL 75.7 37-173 The Specific Plan Land Use Map originally showed approximately 1.3 acres of Neighborhood Commercial use along the west sidc of Tassajara Road. Thls use was part ofa larger Commercial area shown on the Silvera & Haight properties. This area was eliminated from the Stage I Site Plan because the final alignments of TassaJara Road and Fallon Road were moved farther to the west which utilized a majority of the Neighhorhood Commercial use on the Mission Peak property The schematic Smgle Family Residential development envelope meets the hillside development policies contained m the Specific Plan. Note that remedwl grading may extend beyond the development envelope shown on thc plans, as allowed hy Policy 6-34 Followmg lS an explanation of the proposed plan's conformance with the hillslde development policies set torth in the Specific Plan. 6-32. In order to reduce the visual impacts of grading, the Stage 2 site plan will use revegetation, contour grading WIth gradual transition to the natural slope and berming as necessary 6-33 The proposed developmcnt area is situated to mmimlze visual impacts from TassaJara Road or Fallon Road. The Specific Plan does not permit development in the upper ridgelands. Most of the developmcnt arca is tucked behind the ndgeline that is visible from Fallon Road. 6-40 & 6-41 A prehminary gcotcchnical report has been preparcd and the recommendatIOns contamed in the rcport will be incorporated into the Stage 2 site design. 6-42 Only 0.8 acres ofthc proposcd Single Family developmcnt area has slopes in excess ofJO%. ti:\AdminV('1bs_ll.3\OJ IUU6\Sta~c I\Sla~c I Lkyd'-'l!lIl1~il! I'IM ....pd -3- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l~trb Iii Policies 6-34, 6-35, 6-36, 6-37 and 6-38 of the Specific Plan address issues ineluding the vIsual impact and extent ofgradmg, archItectural dcsign, revegetahon, and road alignment. These pohcies will be meorporated into the Stage 2 site design due to the lack of design specIficIty provided with the Stage I submittal. Neighborhood Park A I O-acrc ncighborhood park IS proposed to be located adjacent to the creek corridor, west ofthe Singlc Family Residential area. ThIs linear park will provide passive recreational opportunities for future rcsidents. Proposed facilities melude a pedestrian trail, sitting areas, small play areas, and native landscaping. A prehmmary plan for the lincar park is presented on page 20. Phasing Fallon Crossmg will be developed in onc phase. Project development is proposed to begin in April 2007 Topography and Site Development The site is located within a sectIon of the Coast Ranges identified as the Tassajara Hills. The project site has slopes which range from less than 5% in the area directly east of the creek to more than 50% on the upper ridge along the northern and eastern boundanes. Site topography ranges from 450' at the creek bottom to about 700' at the top of the northern ridge. The majority of the proposed development area is located on the more level portions of the site east ofTassajara Road. The grading proposed for the project takes into consideration the hilly terram, and wherever possible, development will he contoured to the hillsides in order to aVOId exccssive cuts and fills. The skeper slopes and ridgelands on the site are designated as open space uses. Circulation Tassajara Road is currently a two-lane road extending from Dublin Ranch northward to Contra Costa County The East Dublin Spccific Plan anticipates that Tussajara Road will eventually be expanded to six lancs. As shown in the East Duhlin Spceific Plan, Fallon Road is proposed as a through strcet and TassaJura Road from the south will "I-intersect" into Fallon Road. Fallon Road, south of the project sIte, IS currently under constmction within the Dubhn Ranch property. Thc Silvera Ranch project WIll construct the extcnsion of Fallon Road from Tassajura Road southward to the Silvera/Lin propcrtyline. Vehicular and pedestnan access to the project site is available from both Tassajara Road and Fallon Road. This Fallon Crossing project will construct ItS Tassajara Road frontage Improvements and complete the Tassajara Road/Fallon Road intersection improvements, mcluding moditlcation of the traffic signal. The Specific Plan also shows a p"destrian trail along the east SIde of the creek. This trail is conceptually depIcted on thc Stagc I Site Plan and illustrated on the Conceptual Landscapc Plan (page 20). l; .^dl11in\J"h:o;_I),~\(I.IIIJ()(,\."mg~ l\:';l~ge J De~lnpmenl Plall.wpJ -4- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -15'001\1 A separate Traffic Report prepared by TJKM has been suhmittcd which addresses CIrculation and traffic impacts to the area. Water Supply The project will be served hy the Zone 2 DSRSD water pressure mne. Zone 2 will provide water service up to an elevation of 580' The development will be served by a westerly extcnsion ofthe existmg Zone 2 water line in Fallon Road that now term mates at Silvera Ranch. The line will be extended westward to the Fallon RoadlTassaJllra Road intcrseetion. The development will also have a secondary service from the proposed street locatcd within Phase 4 of Silvera Ranch Project. Sanitary Sewer Sanitary sewer servICe for Fallon Crossing will be provided by a northerly extension of the existmg sanItary sewer line III Tassajara Road which currently ends at the intersection with Silvera Ranch Dnve. A 10" sanitary sewcr line will be installed from thIs mterseetion to the Tassajara Rd./Fallon Rd. intersection as a part ofthis project. All sanitary sewer lines will gravity flow Storm Drainage PrOject storm drainage will bc convcycd to a detention pond located on~sitc within the creek setback area. The dctcntion pond will either be connected to an existing culvert in Tassajara Rd. (just west of the project) through storm dram Jines that will gravity flow, or connect to a proposed outfall in the creek. A water quality pond will be locatcd adjacent to the detention hasin in order to provide pretreatment of the storm water prior to cntering the creek. Scenic Corridor Tassajara Road and Fallon Road are currently identified as Scenic Corridors by the CityofDublin. Tassajara Road fonns the westem boundary of the Fallon Crossing site. To guide development that may he visihle from these designatcd scenic corridors, the City of Dublin has adopted the "Eastem Dublin Sccnic Corridor-Policies & Standards." This document sets forth requlfements and provisions for preservmg VIews ol'seenic ridgclines and knolls from the scenic corridor The Stage 2 Site Plan will be deSIgned to conform to the scenic corridor Pohcies and Standards ineluding preservmg the backdrop views from Fallon Road and TassaJara Road. Additionally, any grading impacts on the lower hi1lsidcs will be offset by contouring 01' slopes, berming, and landscapmg consIstent wIth the surroundings. Open Spaee A large portIOn 01' thc Fallon Crossing site, 41.2 acres, has been dcsignated as open space/rural rcsidential. Any areas not proposed for a residential use are to remain undeveloped. The Specific Plan states that these areas are to he pennancntly preserved as a vIsual and natural rcsource area with little, or no development allowed. Thc open space desIgnatIon provides an open space corridor as well as mamtams the tidge1ands on the site whIch will be preserved as a visual resource. These ridge lands are called out in the Specific Plan as "Visually Sensitive Ridgclands" This deslgnahon (i \:\dmin'.J,-,I-<:._11'1\O:11\)()(,\SlIl8e I'_"ltnge I l)e\~I(1pment P'lan.wpJ -5- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "lla. Db\ II severely restncts development. The open spaec areas will be owned and mamtained by a homeowners maintenance association. Biological aDd Wildlife Resources Olberding Environmental has eomplctcd a biological resource analysIs oCthe Fallon Crossing site. The analysis describes the site as consisting primarily ofnon-nativc annual grassland with smaller patches of native perenmal grassland habitat Cound on the north facing slopes. The sIte IS used Cor cattle grazing which leaves little or no vegetation in some high traffic areas. The eastern fork of Tassajara Creek flows in a northeast to southeast direction along the northern property boundary, adjacent to Tassajara Road. The creek area does contain some areas of dense trees and shrubs. The creek area supports sparse nparian vegetation which has bcen impacted by cattle grazmg. The creek and associated trees and other vegetation will remain aftcr development ofthe property There are two constructed pond features within the site boundaries. The first pond, located approximately halfway up the largest intermittent drainage, was constructed as part of a recent mitigation measure. The second constructed pond is located to thc cast of the east fork creek channel. Both ponds are located outside ofthe proposed development area and will not be disturbed by site development. A prelimmary wetland delmeahon of the property has been completed, subject to approval by the U.S. Army Corps of Engmeers. None ofthe Identified wetlands are located within the proposed development arca. No special status plant specIes were found during a reconnaissance survey conducted in January, 2003 The sIte has heen dls1urhed to a great extent hY the cattle grazing, which may preelude the potential Cor special status plant occurrence. Therefore, special status plants are presumed to be abscnt Crom thc property Special status animals that could potentially be found on the site mclude the Collowmg: San Joaquin Kit Fox: Low potential due to on-site soil condihons and urban development to the south which would preclude mIgration. Special Status Reptiles and Amphibians: Thc East side ofTassajara Creek is known to support the California red-legged frog. Additionally, thc western pond turtle is known to occur on the main branch of Tassajara Crcek and has been sighted on the property Although not identified on the property, the California tiger salamander could find potentJal breedmg habitat in the ponds. Preconstruchon surveys will he c(mducted for these species following cstablished protocol. Nesting Raptor Species: Habitat exists on the property to support a wIde variety 01' Coraging raptor species. Pre-constructIOn surveys may be necessary due to the presence of suitable nesting trces on and adjacent to the property. G Admin\Jnb:t_!).l\o.l1IJ06\Stage' II.Stage I De\~lnpmenl Plan,wpd -6- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ilDb\\i Approximately 41.2 acrcs of the Fallon Crossing project have been designated as Open Space/Rural Rcsidcntial in order to prcservc the visual and natural resource value ofthe site. A large portion of the site is to remain undeveloped provJ(ling an open space corridor whIch connects to surrounding open space on adjacent properties. In order to mitigate any loss of habitat, stahilize thc creek bank and enhance the creek corridor, a Creek Bank Restoration and Stabilization Plan presented on page 22. No biological resource analysis has been undertaken for thc Fredrich Property A hlOlogieal study will be required for the property when a development application is receIved and reviewed by the City Compliance with the Inelusionary Zoning Regulation This development is subject to the City of Dublin's Inclusionary Zoning regulations. These regulations rcquirc that ncw residential development projects construct 12.5% of the total number of dwelling units within the development as affordahle units. However, the regulahons allow for the City Council to permit the devcloper to pay a fee in-lieu of constructing up to 40% of the required affordable units. For Fallon Crossing, the apphcant proposes to construct 8 affordable units. Thcse 8 units account for 62% of the total number of affordable units required wlthm the development. The remammg percentage of the affordable housing requirement will he met by payment ofin-heu fees. Hazardous Waste and Substances Site Determination Pursuant to Government Code 65962.5, the proposed development site is not located on a hazardous waste substances site. li:\AL1111;nd'\I..If.-n3\inll)(I('\~\~i:1" l\.';ir"li-1" 1 U.::ycl,)pllI.:m i'1~n wpd -7- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,'2, Lrbl Il Application }<'indim!s Statement for Fallon Crossin!! & Fredrich Properties a. The proposal will be harmonious and compatible with existin!! and future development in the surroundinl! area. Thc 67.22 acre Fallon Crossing site IS located adjacent to the City of Dublin wIU1in the East Dublin Specific Plan area. The Speci fic Plan area comprises 3,300 acres ofland planned as a mIxed-use community that will be a vital, self-sustaining urban cnvironmcnt where people can live, work, play and interact in a marmer that fosters a strong sense of community The project site is bounded by Tassajara Road on the west; the Lin property to the east is currently being used for graz1I1g and will ultimately will be used as open space/mltigahon lands lor Dublin Ranch, although it is currcntly designated in the Specific Plan for single family and rural residential uses. The Moller/Richey property to the north is not within the Specific Plan boundary, but has Gcneral Plan land use designations of Low Density Residential and Rural Residential Agriculture. The Silvera Ranch property to the south, currently under construction, is a mixed~denslty residenhal project totaling 250 units. The resldenhal and open space uses for the Fallon Crossmg project are consistent with the planned dcvelopment of the Specifk Plan area and will bc eompatiblc with the surrounding properties as the area develops. The 6.17 acre Fredrich Property currently has a rural resldentJal home. No additional development IS currently proposed. b The site is physicallv suitable for the type and Intensity of the zoninl! district beinl! proposed. The Fallon Crossing project proposes single family residential, rural resldenhal and open space uses. The site is located within a section ofthe Coast Ranges, Identified as the TassaJara Hills. The project site has slopes which range from less than 5% in the area dIrectly east ofthe creek to more than 50% on the upper rides along the north & east boundaries. Thc majority of the proposcd development is locatcd on thc tlattcr portion of the site immediately east ofTassajara Road. The grading proposed for the project takes into consideration the hilly terram, and wherever possible, development IS contoured to the hillSIdes III order to avoid cxeessive cuts and fills. The steeper slopes and ridgelands are designated as open space uses. The proposcd Planned Devclopmcnt District Zoning for the sitc will provide maximum tlexibility and diversification in the development of the project consistent with, and in furtherance of, the provisions of the Dublin General Plan and the Specific Plan in a manner whIch IS consIstent WIth the natural topography ofthe sIte. c. The proposal will not adverselv affect the health or safety of persons residinl! or workinl! in the vicinity. or be detrimental to the public health. safety and welfare. The proposal is consistcnt with thc East Dublin Specific Plan policies and the City's zoning ordinances enacted for the public health, safety and welfare. The Specific Plan has designated those areas within the SpeCIfic Plan WIth the hIghest landshde potenhal and the least possibIlity of cost-effechve remedlahon to be mamtamed as open space to mlmmlze adverse impacts. Development in hillside areas is carefully regulated under the SpeCIfic Plan to ensure that hazardous hIllSIde condltHms are aVOIded or remedIed, A large portwn of the Fallon Crossing sitc, 41.2 aercs, has becn dcsignated as opcn space/mral rcsidential and, will remain undevcloped, thercforc pennanently preserving the area as a visual and natural (i 'A(II\lill'JL,I,,-(mIl11()()(;I"SI~J;~. ]\Sl"~t' 1 Dn"1:1'-'pmclIt 1'lall.wpLl -8- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . lYOOI1l rcsourcc area. None of the residcntiallots in the project will have direct driveway access on the major arterials. The project provides for housing which is compatible wIth and supportive ofthc community necds idcntified in the Specific Plan. d. Thc proposed uscs for the site arc consistent with the elements of the City of Dublin General Plan and thc East Dublin Specific Plan. The Fallon CrosSll1g site lies within two suhareas descrihed in the Specific Plan - the Tassajara Village subarea and the Foothill Residcntial subarca. Opcn Spacc and Single Family residential uses are proposed m the Foothill Residential subarea. Consistent with Policies 4-5 and 4.6 of the Specific Plan, the proj ect concentrates residential development in the less environmentally constramed portions of thc site arca and provides for eluster development to reduce grading and preserve open space continuity, as well as providing an innovative approach to site planning, unit design, and construChon to create housmg products for all segments of the community The Eastern Dublin Specil1c Plan currently designates the Fredrich property for medium high density residential and neighborhood commercial uses. No development is currently proposed for the Fredrich pnlperty e. This oroiect satisfies the OUfDose and intent of ChaDter 8.32 "Planned DeveloDment" of the Municiual Code as follows: (I) Development standards will bc tailored to fit the site and will address such issues as building setbacks, architecture, landscaping and grading. These standards will be set forth m the Stage 2 Development Plan (!U2.010(A)); (2) The Fallon Crossing project provides maximum flexibility and diverslficahon III the development of the property by clustering single-family housing to reduce necessary grading and preserve opcn space continuity Affordable housing units will be created to provide housing for all segments of the commumty(8.32.01O(B)(D)); (3) Thc Fallon Crossing projcet proposes residential densities which are consistent with the land use designations in the East Dublin Specific Plan and the prOVISIons and regulahons for development set forth therein. The Speeil1e Plan allows for a density range of21 to 145 residential units on the site, the projcct applicant proposes the construction of approximately 103 units (S.32.01O(C)); (4) Tn confonllance WIth the SpecIfic Plan, the relahvely level and moderate slopes on the FaUon Crossing sitc arc designated for residcntial uses. Thc steep slopes and ridgelands are designated as Open Space (8.32.01O(E)); (5) The project developer will partiCIpate in the development of the necessary utility and circulation inrrastructuw for this dcvelopment in conformance with thc Specific Plan (8.32.0 I ()(F)); G:.Adlllill'J')~.()3\("J3l1)I'16\Slal?c I\Slagc I OI:vd\.1prno.:nt rl~lWpd -9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,2,00' \ \\ b (6) Through the use or Planned Development District zoning, the project will be designed to address the uniqueness ofthc Specific Plan area, taking mto account the proximity of thc ridgelands. The c1ustcring of residential umts will allow for continuity of open space area and more effective utilization of property (8.32.010 (G)(H)). (7) By c1ustenng single family residcntial units on the more level topography, the Fallon CnJssing project will create a morc desirable use ofland, a more coherent and coordinated development, and a bctter physical environnlent that would otherwise be possible under a single zoning district or combination of zoning districts, therefore maintaining large contiguous open space. lj .AoJruiIl\lIl~,Il-,\mlf)()("',')I.tJ.:~ i"::;lll.l:~ 11)~vd(lI!"K:IIII'I.~11 .....pl.! -10- ,. rP qQ 1Ift'\r......,.~~ ;,1,' l' t" f.!,,)j; l',,+t . , ,// i .. i ~l <\~ i; " ';\ e ~ 10' ,..' ,..". {- I Z I "i-~oi" I',., : 'I \' I ~I ~ ~ ! o , -~ I, ~l >- WCi ~z z(ii 0<1) >=0 <:;[3 Oz ""0 0"" 1-"" 0< :I:lJ.. ll. I I'! , ~ .i 1j" '~ l! :! i, I I III i~ ~i~ II ~ = ~ ;; ,; ~ ~ " . ~ ,.J I J....<<'N~ ......"" 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LiL\ Db \ II Attachment 7 Distributed under separate cover qS-~ \\l RESOLUTION NO. 06 - 11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE FALLON CROSSING PROJECT PA 04-016 WHEREAS, Standard Pacific Homes has requested annexation to the City and DSRSD, and approval of a Planned Development prezoning and related Stage 1 Development Plan on a vacant 67.8 acre site known as the Mission Peak property and located northeast of the intersection of Tassajara Road and Fallon Road. The residential prOject is known as Fallon Crossing and consists of 103 single-family detached homes on 19.5 acres of the site and a I-acre linear park. The annexation and prezoning requests are collectively referred to as the "Project"; and WHEREAS, Thomas Fredrich has consented to annexation to the City and DSRSD, and approval of a Planned Development prezoning and related Stage 1 Development Plan on a 6. I 7 acre site located northeast ofthe IOtersection ofTassajara Road and Fallon Road; and WHEREAS, the Project site is located north of the Pinn Brothers/Silveria Ranch residential subdivision, which is currently under construction. Other surrounding land uses include vacant agricultural land to the north and east, and Tassajara Road adjacent to and west of the site; and WHEREAS, the Project site is in Eastern Dublin forwlnch the City adopted the 1993 Eastern Dublin General Plan Amendment and Specific Plan to provide a comprehensive planning framework for future development in the arca. In connection with this approval, the City certified a program EIR pursuant to CEQA Guidelines section 15168 (SCH No. 91103064, Resolution.51-93, hereafter "Eastern Dublin ElR") that is available for review in the City's Community Development Department and is incorporated herein by reference. The Eastern Dublin ElR was mtegral to the planning process and examined the direct and indIrect effects, cumulative impacts, broad policy alternatives, and area wide mitigation measures for developing Eastern Dublin. The Eastern Dublin EIR Identified significant unavoidable impacts from development of Eastern Dublin, some of which would apply to the Project. Pursuant to the Commumties for a Better Environment case, any Council approval of the prOject must bc supported by a new Statement of Overriding Considerations with respect to these previously identified impacts; and WHEREAS, the Eastern Dublin EIR Identified potentially significant envirornnental impacts and related mitigation measures, which the City adopted together with mitigation findings and a Mitigation Monitonng Program (Resolution 53-93 ) The mitigatIOn measures and monitoring program continue to apply to development in Eastern Dublin; and WHEREAS, the City prepared an Initial Study dated February 9,2006 for the Project consistent with CEQA Guidelines scction 15162 to detennineifadditional environmental review would be required beyond the previously adopted Eastern Dublin EIR. Based on the Initial Study, the City prepared a Mitigated Negative Declaration dated February 14, 2006 ("Draft MND"). The Draft MND IS a separately ATT.\CHMENT 8 C\Lo UO \ \1 bound document available at the City's Community Development Department and is incorporated herein by reference; and WHEREAS, the Draft MND was circulated for public review from February 14,2006 to March 16, 2006. The City received two letters commenting on the Draft MND; one additional letter was received after the close of the public comment period. Although not required by CEQA, the City prepared written responses to the comments. The comment letters and related responses are included below, and incorporated herein by reference; and WHEREAS, the Draft MND, the three comment letters and related responses collectively comprise the Mitigated Negative Declaration ("Mitigated Negative DeclaratIOn") for the Project; and WHEREAS, a staffreport, dated April 25, 2006 and incorporated herein by reference, described and analyzed the Mitigated Negative Declaration and the Project for the Planning Commission; and WHEREAS, the Planning Commission reviewed the staff report and the Mitigated Negative Declaration at a noticed pubhc hearing on April 25, 2006, at which time all interested parties had the opportunity to be heard; and WHEREAS, the location and custodian of the Mitigated Negative Declaration and other documents that constitute the record of proceedings for the Project is the City of Dublin CommunIty Development Department, 100 Civic Plaza, Dublm, CA 94568, file P A 04-016. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part oftlns resolutIOn. BE IT FURTHER RESOLVED THAT the Mitigated NegatIve Declaration consists of the Draft MND dated February 14, 2006, and the following three comment letters and related responses. ~' ":.:.,~.~~., f:1~I!.'I'Y O~ o'>l.AMEt'" .' , ,,' PTJRL1C Wl1kK~ "'la:NI~\ i,"*I,'.,.., 'lli1.....~-r!i:tl:H~I';,..~u,.IlT...i:I<'l' -"'~.... \1,i'lHlW"I:_"""',,,,,, ;~'.:~ ~IlIIIJ~ TIII!'\HIILl,"~\ot1<",_ "~'~;,."~>fo.~.~,,,,:, f~',~~~<::&, 1oIr.S-.I_.. ~~1.;l(tlj; l>IlIn:bil.::!1Jo!1 wlM""....E\yI._I...__,..,.~jlII:IUI.... 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Ol:\, QI Ll~~, l~;WIllIII)f a'llII1;<<jOr!:l'll'll1,fn.l(lI/1q'l'l"I"kIfllNal;l4l"'y,jI~_ ""'~",a.....1II11> j;~I~ w",<, lJl'ptI"" ll~ .",l ~<Iw""" 2<'M 'I WiJcr A~~. 1),Jtll>n .'liJII,JI.~\I,IWj 8eY<lii:t1o !lhllr1(,l. tl, ul,. "TI>t r>l~!",;( l.!I; ~1lI"M1'~"l~IIIJ~ 10\00 tlWMF &NB/~ ce;: F.II!t'L~ho.lI:.~k ~"idA.R.eqW1 David' Hcluml~ -- t\I.R~,\m J;lulll,llt i'~..IW''IIII Responses to Alameda County Flood Control and Water Conservation District - Letter dated March 7, 2006 Response to first three paragraphs: As noted by the District, the "No Impact" boxes are checked in Section VIII Hydrology and Water Quality of the ImtIal Study Checklist whereas the boxes "Less Than SignIficant With Mitigation Incorporated" should have been checked for items a), c), and d). Pages 89 to 95 of the MitIgated Negative Declaration identifY hydrology and water quality impacts for items a), cJ, and d). Mitigation mcasures 56 to 68 are listed to reduce the impacts to less than significant levels. Pages 89 to 95 adequately identifY and evaluate the potential hydrology and water quality effects of the project and mitigation measures are provided accordingly to reduce the impacts to less than significant. Response to the fourth paragraph. The detention basin IS part of the prOject and described in the project description on pages 2 and 5 of the Mitigated Negative Declaration. The detention basin is not a mitigation measure, but part of the project. The dctention basin is proposed by the project applicant as part of the proj ect in responsc to a potential water quantity and quality Impact and does not need to bc identificd separately as a mitigation measure. Response to the fifth paragraph. 4 qq uo \ \ I The proposed detention basm meets the standard of the Eastern Dublin Specific Plan, whICh IS to control peak runoff discharge rates. The detention basin meets the standard of no net flow or Increase in surface water discharge from the site beyond the amount quantity evaluated in thc Eastern Dublin Specific Plan EIR. Per MitIgation Measure 58 of the MND, the project developer will be required to submit a Master Drainage Plan to the City Engincer for approval prior to the issuance of a grading permit. Response to the sixth paragraph: As a standard condition of approval, the Dubhn Public Works Department will require the project developer to consult with Zone 7 regarding effects of runoff from the project site to downstream flood control facilities associated with the SMM:P. Response to the seventh paragraph (first paragraph under heading "The remammg comments are clarification "): The comment is correct that the project developer proposes a detention basm and not a retentIon basin, All reference in the MND to a retention basin is hereby clarified. This does not change the analysis or conclusions of the MND Response to the eighth paragraph. The comment noting the statement on page 89 that Zone 7 does not have plans to store treated wastewater within the aquifer is noted and the MND statement is hereby deleted. Response to the ninth paragraph. Thc comment to clarify the project must meet water quality requirements of the Alameda CountywIde Clean Water Program NPDES Municipal Stormwater Permit is noted and clan fled as stated in the comment. Response to the tenthparagraph. The comment that SDA 7-1 fees are assessed by Zone 7, not DSRSD, and meant to mitigate due to the creation of impervious surfaces and not groundwater recharge is noted and hereby clarified in the MND. The last sentence on page 91 and top of page 92 is deleted as suggested. The effect of the project on groundwater recharge is addressed in the first paragraph under b) on page 91 of the MND Because the project wj11 generate less surface water runoff than antIcipated by the Eastern Duhlin Specific Plan, the statement at the top of page 92 that the project would have no impact to groundwater recharge remams correct Response to the eleventh paragraph. The comment is noted and as required by Mitigation Measure 66 of the MND, the City will require the project developer to submit a preliminary creek alignment plan to the resource agencies, including Zone 7, prior to the approval oftlle project by the City 5 \00 Dd \l Responses to Department of Transportation - Letter dated March 2, 2006 Response: The comment is noted that work with the State's right"of-way affecting State facilities will reqll1re an encroachment permit from the State, The proposed project improvements to Tassajara Road will not require a State encroachment permit because it is not a State roadway, Responses to County of Alameda Public Works Agency - Letter dated March 21, 2006 Response to 1 The length of Tassajara Road from the northern project boundary to the Alameda County line will remain in the County by the project. However, this remaining County portion of Tassajara Road will be annexed into the City of Dublin as part of the Moller, Vargas, and Tipper development application that is currently III review in the City If the Moller, Vargas, and Tipper development is approved, the remaining County section of Tassajara Road will be annexed into Dublin. Response to 2. As a standard City pracllce, the project developer will be condiboned by the Public Works Department to restore all County roads damaged during project construction to County standards. The City will also condition the developer to identify truck haul routes during construction prior to the issuance of grading and construction permits. Response to 3 The project proposes a detentJon basin to control surface water runoff from the site. As stated in section d) on page 93, the project would not increase the rate or amowlt of surface water generated from the site greater than analyzed in the Eastern Dublin EIR. The incorporation of mitigation measures 56, 61, 67, and 68 will reduce potential downstream erosion and flooding by the project. Mitigation Measure 58 of the MND requires the project developer to submit a hydrology report and detention basin design plans to Zone 7 of the Alameda County Flood Control & Water Conservation DISlnCt prior to the issuance of a storm drain building permit. The proj ect will not increase the intensity of surface water runoff compared to existing conditions. BE IT FURTHER RESOLVED THAT the Plannlllg Commission hereby finds as follows. A. The Dublin Planning Commission reviewed and considered the Mitigated Negative Declaration prior to recommending approval of the Project. B The Eastern Dublin EIR and the Mitigated Negative Declaration adequately describe the impacts of the Project. Project specific environmental effects have been analyzed in the Init131 Study/Mitigated Negative Declaration which determined that the Project will not have a slgnificant effect on the environment with the application of mitigation measures ldentified in the Eastern Dublin EIR and the Mitigated NegatIve Declaration. There is no 6 \0\ D'O \ \1 substantial evidence III light of the whole record before the City that the project as mihgated will have a significant effect upon the environment. C The Mitigated NegatIve Declaration has been completed in compl1ance with CEQA, the CEQA GUIdelines and the City of Dublin Environmental Guidelines. D The Mitigated Negative Declaration 1S complete and adequate and reflects the CIty'S independent Judgment and analysis as to the environmental effects of the proposed annexation and prezoning Project. BE IT FURTHER RESOLVED that based on the above findings, the Planmng Commission hereby recommends that the City Council adopt the Mitigated Negative Declaration for P A 04-016, the Fallon Crosslllg proJect, and make all required fmdings. PASSED, APPROVED, AND ADOPTED this 25th day of April, 2006 by the following vote: AYES: Chair Schaub, Vice Chalf Wehrenberg, Commissioners Biddle, Fasulkey, King NOES: ABSENT: ABSTAIN: / /~- ? / t (-'YA:?'4( Planning Commission Chair -,~- G:\P A#\2004\04-016 Mission Peak - ~tandliTd Pscific\PC & CC Smge 1 \Fallon Crossing CEQA Resu.DOC 7 IO"L D'blll RESOLUTION NO. 06 - 12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A PLANNED DEVELOPMENT PREWNE WITH STAGE 1 DEVELOPMENT PLAN FOR FALLON CROSSING PA 04-016 WHEREAS, Standard Pacific Homes has requested annexation to the City and DSRSD, and approval of a Planned Development prezomng and related Stage 1 Development Plan on a vacant 67.8 acre site known as the Mission Peak property and located northeast of the intersection of Tassajara Road and Fallon Road. The reSIdential project is lmown as Fallon Crossing and consists of 103 smgle-family detached homes on 19.5 acres of the site and a I-acre linear park. The annexation and prezoning requests are collectively referred to as the "Project", and WHEREAS, Thomas Fredrich has consented to annexation to the City and DSRSD, and approval of a Planned Development prezoning and related Stage I Development Plan on a 6.17 acre site located northeast of the intersection of Tassaj ara Road and Fallon Road; and WHEREAS, the Project site IS located north of the Pinn Brothers/Silveria Ranch residential subdiVISIon, whIch is currently under construction. Other surrounding land uses include vacant agricultural land to the north and east, and Tassajara Road adjacent to and west of the site; and WHEREAS, the Project site is in Eastern Dublin for which the City adopted the 1993 Eastern Dublin General Plan Amendment and Specific Plan to provide a comprehensive planning framework for future development in the area. In connection WIth this approval, the City certified a program EIR pursuant to CEQA Guidelines section 15168 (SCH No. 91103064, Resolution 51-93, hereafter "Eastern Dublin EIR") that is available for review in the City Community Development Department and is incorporated herein by reference. The Eastern Dublin EIR was integral to the plannmg process and examined the direct and indirect effects, cumulatIve impacts, broad policy alternatives, and areawide mitigation measures for developing Eastern Dublin. The Eastern Dublin EIR identified slgmficant unaVOIdable impacts from development of Eastern Dublin, some of which would apply to the Project. Pursuant to the Communities for a Better Environment case, any Council approval of the project must be supported by a new Statement of Overriding Considerations with respect to these previously Identified impacts; and WHEREAS, the Eastern Dublin EIR identified potentially significant environmental Impacts and related mItigatIOn measures, which the City adopted together with mitigation findings and a MitIgatIOn Monitoring Program (Resolution 53-93 ) The mitigation measures and mom taring program continue to apply to development in Eastern Dublin, and WHEREAS, pursuant to CEQA and the CEQA Guidelines, the City prepared a Mitigated Negative Declaration to address the sIte-specific impacts of the Project; and ATT.~CHMENT 9 \O~Db\\l WHEREAS, a staff report, dated April 25, 2006 and incorporated herein by reference, described and analyzed the Mitigated Negative Declaration and the annexabon and prezoning project for the Planning CommissIOn, and WHEREAS, the Planning Commission reviewed the staff report and the Mitigated Negative Declaration and considered the annexation and prezoning project including the Stage I Development Plan at a noticed public hearing on April 25, 2006, at which time all Jnterested parties had the opportunity to be heard, and WHEREAS, at its April 25, 2006 hearing, the Planning Commission adopted a resolution incorporated herein by reference, recommending that the City Council adopt the Mitigated Negative Declaration for the Project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOL VED THAT the Planning Commission does hereby recommend that the City Council adopt the following Ordinance prezoning the Project site to the Planned Development District and adopting the related Stage I Development Plan which constitutes regulations for the use, development, improvement, and maintenance of the site. PASSED, APPROVED, AND ADOPTED this 25'h day of April, 2006 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, Fasulkey, King NOES: ABSENT ABSTAIN: ~-' 7 ~ , ' / ' . (, t ,. "..41 dA.~ Planning Commission Chair ATTEST It/ ( Pl g Manager ~ ------ G:\PA#\2[)(l4\(,J4-016 Misl:iiun Peak - Standa.rd Pacific\PC & CC' ,stage J\P"al1on Crmlsing PD Zone Re~o_]JOC 2 \ DL\ l"b \ \l RESOLUTION NO. 06. J3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL DIRECT STAFF TO FILE AN APPLICATION WITH THE ALAMEDA COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCo) TO ANNEX THE MISSION PEAK/FALLON CROSSINGS AND FREDRICH PROPERTIES TOTALING APPROXIMATELY 73.97 ACRES TO THE CITY OF DUBLIN AND THE DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) PA 04-016 WHEREAS, the applicant, Michael Whitby on behalf of Standard Pacific Homes has requested the City to initiate LAFCo proceedings to reorganize an area of approximately 73.97 acres generally located In an unincorporated area of Alameda County bounded by the County boundary on the north, generally by Tassaj ara Road on the east, and the existing City limits on the south and west, located north of the current City LImits and within the Eastern Dublin Specific Plan area (APN. 985-0002-001); and WHEREAS, Thomas Frednch has consented to annex 6.17 to the City and DSRSD (APN 985- 0004-002-03), and approval of a Planned Development prezoning and related Stage 1 Development Phm on a 6.17 acre site located northeast of the intersectJon of Tassajara Road and Fallon Road; and WHEREAS, all properties are located within the Sphere oflnfluence ofthe City of Dublin and the Dublin San Ramon ServICes District; and WHEREAS, a Mitigated Negative Declaration was prepared for the Project; and WHEREAS, a staff report, dated April 25, 2006 and incorporated herein by reference, described and analyzed the Mitigated Negative Declarabon and the Project for the Planning COlllImssion; and WHEREAS, the Planmng Commission reviewed the staff report and the Mitigated Negative Declaration at a noticed public hearing on April 25, 2006 at which time all interested parties had the opportunity to be heard, and WHEREAS, at its April 25, 2006 hearing, the Planmng Commission adopted resolutions recommending adoption of the Mitigated Negative Declaration and approval of the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission does hereby find that: 1 The subject property is located within the Sphere of lnfluence adopted by LAFCo for the City of Dublin and the Dublin San Ramon Services District. 2. The proposed annexation of approxnnately 73.97 acres to the City will be a lOgical extension of the City of Dublin and Dublin San Ramon Services District boundanes. ATT.A.CHMENT 10 105 ubln 3 The City of Dublin and the Dublin San Ramon Services District can provide high quality and efficient services to the site. 4 The proposed annexation is consistent with the Dublin General Plan and Eastern Dublin Specific Plan. BE IT FURTHER RESOLVED THAT THE Dublin Plapning Commission recomm~,that the City Council adopt a resolution of application to LAFCo pursuant to. Govenunent C()de~a(;tion 5~ regarding Annexation consisting of annexing approximately 73.9':7 acres of unincorporated territory';to.!he'...., City of Dublin and the DublinSan Ramon Services District. ' PASSED, APPROVED AND ADOPTED this 25th day of April 2006. AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, Fasulkey, King NOES: ABSENT: ABSTAIN: /1/ .5"'L---- Planning Commission Chairperson G:\P A#\2004\U4-o 16 Mission Pc::ak - Standard Pacific\PC &. CC Stage 1 \PC Reso LAFCo Application,doc \OLD ~I q)RAFT should they vacate the premises. The Planning Commissioners unanimously agreed that this concern ghould be noted in the minutes and does not need to be added as a cundition tu the resulution. Vice Chair Wehrenberg asked if any subsequent project at the site would come before the Planning Commission if the Applicant vacated the site. Ms. Nuccio stated that a subsequent project would come before the Planning Commission if it was an amendment or change to the use permit, or the property owner wanted to build anuther building on the site. Cm. Fasulkey stated that in lieu of adding a condition to the resolution, the Planning Commission would like Staff to verify that it has been represented by the property owner that should the Applicant vacate the site, the Applicant would be responsible for restoring the project site to itg original condition, as deemed necessary according tu the subsequent use uf the site. Hearing no further commentg, Chair Schaub closed the public hearing. On a motion bv Vice Chair Wehrenberg, geconded by Cm. Biddle, with" a direction to Staff to verify that it has been represented by the prope-rhj owner that should the Applicant vacate the site, the Applicant would be responsible for restoring the project site to its original condition, as deemed necessary according to the subsequent use of the site", and by a vote of 5-0-0, the Planning Commission unanimously adopted: RESOLUTION NO. 06-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW TO OPERATE A DAY CARE CENTER, CONSTRUCT AN OUTDOOR PLAYGROUND, AND MAKE ASSOCIATED SITE IMPROVEMENTS FOR FOUNTAINHEAD MONTESSORI SCHOOL LOCATED AT 6665 AMADOR PLAZA ROAD (APN 941-1500-051-02) P A 06-008 8.2 PA 04-016 Fallon Crossing/Standard Pacific Homes - Mitigated Negative Declaration, Planned Development Prezoning/Stage 1 Development Plan, Annexation to the City of Dublin and Dublin San Ramon Services District. Chair Schaub asked for the staff report. Mr. Michael Porto, Consultant Planner, presented the specifics of the project as outlined in the staff report. Chair Schaub sought confirmation that the Planning Commission wuuld not be taking action on land use designations for this project during tonight's hearing. Mr Porto stated that tonight's ':drlnm17f.{ t, ,(Jmm~\'Sim: Rlff.l//Mr ',lf~~iif/.!J 43 Ifpn"'}J 2006 Attachment 11 IOl eu\\/ DRAFT item is a straightforward annexation to the City under the existing Eastern Dublin Specific Plan and General Plan as it exists today Cm. Biddle asked about the intersection of Tassajara Road and Fallon Road. Mr Portu pointed out specific areas of the intersection on the diagram. Cm. Biddle asked who wou.ld be responsible for the construction of the intersection, and Mr Porto stated that he was not sure. Cm. Biddle commented that the formation uf the intersection could change the characteristics ot property to the west of the intersectiun. Cm. Biddle asked if the two Open Space areas would connect. Mr Purto said yes and pointed it out on the diagram. Cm. Biddle stated that it would be good for the trails in the area to connect, and Mr Porto stated that the trails would not connect due to restrictions imposed by the various resource agenCles. Cm. King asked why the City had to do a n~w overriding consideration. Ms. Kit Faubion, Assistant City Attorney, stated that while mitigations can be carried forward to subsequent developments, the overriding considerations can not be carried furward when there are significant effects that are unavoidable. The environmental impacts of the project that are unavoidable are weighed against the benefits of project. If it is determined that the benefits outweigh the unavoidable impacts, the project may be approved. This process takes place each time gigniticant unavoidable eftectg are carried forward. Cm. King asked if the City has prepared the statement of overriding conditions. Ms. Faubion stated that it is premature at this point; however, it would be a part uf the mitigatiun findings that are brought before the City Council. Cm. King asked if this issue would return to a Planning Commigsion hearing, and Mg. Fabian gaid no. Mr Porto claritied that the proposed Stage 2 Planned Development (PD), Site Development Review (SDR), and related applicatiuns for the pruject wuuld be heard before the Planning Commissiun. Chair Schaub opened the public hearing. Mr Mike Whitby, Project Manager for Standard Pacific Homes, discussed the reasuns fur having the project approved. Mr. Porto discusged the time constraints asgociated with the project. Cm. Biddle asked about the anticipated date of the Stage 2 Planned Development (PD). Mr Whitby stated he anticipates it would be late summer or fall of 2006. Hearing no turther comments, Chair Schaub closed the public hearing. On a motion by Cm. Fasulkey, geconded by Vice Chair Wehrenberg, and by a vote of 5-0-0, the Planning Commisgion unanimously adopted: RESOLUTION NO. 06-11 .P[mj"flwq \. omml.\',;'j01: RmU!.lf ~fI"fl?/!.tinf/ A RESOLUTION OF THE PLANNING COMMISSION 44 '4 r:m'[ 25, 2VOti OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE FALLON CROSSING PROJECT PA 04-016 1'08 UO I \"1 DRAFT RESOLUTION NO. 06-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A PLANNED DEVELOPMENT PREZONE WITH STAGE 1 DEVELOPMENT PLAN FOR FALLON CROSSING PA 04-016 RESOLUTION NO. 06-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL DIRECT STAFF TO FILE AN APPLICATION WITH THE ALAMEDA COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCo) TO ANNEX THE MISSION PEAK/FALLON CROSSINGS AND FREDRICH PROPERTIES TOTALING APPROXIMATELY 73.97 ACRES TO THE CITY OF DUBLIN AND THE DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) PA 04-016 Chair Schaub requested a five minute recess at 7:55 p.m. Chair Schaub called the meeting back in session. 8.3 P A 05-035 Dublin Place Commercial Building - Planned Development Rezone with Stage 2 Development Plan and Site Development Review for a 17,500 square foot commercial building. Chair Schaub asked for the staff repurt. Mr. Jeff Baker, Assuciate Planner, presented the specifics of the project as outlined in the staff report. He stated that the Applicant wag not present for the hearing. Chair Schaub asked if the plaza area would be available to the public or restaurant patrons only Mr. Baker stated that the plaza would be available to both the public and restaurant patrons. ,dai1n:!nq (,Ommlssi'rl'l'1. "'Rmlfl.'fY';'H'NlmjJ 45 "1pri'L .~.\ ;:iIIUl SUBJECT: ATTACHMENTS: \DC( ubi n AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: April 25,2006 RECOMMENDATION: I 2. 3. 4. PUBLIC HEARING: PA 04-016 Fallon Crossing (fonnerly Mission Peak) and Fredrich Properties submitted by Standard Pacific Homes, Incorporated to consider Planned Development (PD) Prezone I Stage I Development Plan; Annexation Application; Mitigated Negative Declaration. r--..L Report Prepared bY' Mike Porto. Planning Consultan"<fJ I. Resolution recommending City Council adopt a Mitigated Negative Declaration. 2. Resolution recommending City Council approve a Planned Development (PO) Prezone for Fallon Crossing and Fredrich Properties with Stage I Development Plan (proposed PD Prezone Ordinance as Exhibit A and Development Plan as Exhibit B). 3 Resolution recommending City Council to direct Staff to file an application with the Alameda County Local Agency Formation Commission (LAFCo) for annexation to the City of Dublin and the Dublin San Ramon Services District. 4. Project area map. 5. Fallon Crossing Stage I Development Plan Submission. 6. Mitigated Negative Declaration. Open public hearing and hear Staff presentation. Take testimony from the Applicant and the public. Close public hearing and deliberate. Adopt the following Resolutions: a. Resolution recommending City Council adopt a Mitigated Negative Declaration (Attachment I) b. Resolution recommending City Council approve a Planned Development (PD) Pre7.one with Stage I Development Plan for Fallon Crossing/Fredrich Properties (Attachment 2 with the proposed PD Prezone as Exhibit A and Development Plan as Exhibit B) c. Resolutiun recommending City Council direct Staff to file an application with Alameda County Local Agency Formation Commission (LAFCo) for annexation to the City of Dublin and the Dublin San Ramon Services District (DSRSm COPIES TO: Applicant Property Owner File Page I of9 ITEM NO.: ~. '3 Attachment 12 G:\PAN\2004\04-016 Mi~ion Peak ~ Standard Pacific\PC lit CC Stage 1\lI(;SR 4-11-06 Kirs comments.doc 'IOCUlli The project area, is which the subject of tIllS annexatIOn, includcs approximately 73.97 acres (see Project Area Map below). It includes two properties held by two separate owners as shown in Table 1 below wIth 67_8 acres (or ovcr 90% of the land) under one ownership. Standanl Pacific Homes (Standard PaCific Corporatlun) is the owner of the larger parcel currently known as Fallon Crossing and formcrly known as MiSSIOn Peak. The annexabon applicahon and prezoning has been initiated by this owner. As it is yet to he annexed, the project area is located Within the unincorporated area of Alameda County within tlle City's Sphere ofTnfluence (501) near the northeasterly City limits. PROJECT DESCRIPTION: The project area is generally located northeast of the Tassajara Road and Fallon Road intersection. TassaJara Road and an unnamed east fork drainage tributary ufTassajara Creek nm north to south through the area and divide the two land holdings. The Fredrich property lies west of Tassajara Road and Fallon Crossing is to the east. The project area is bounded. a) to the north of Fallon Crossmg by hIgh hills of unincorporated rural acreage within unincorporated Alameda County (Moller Property) and the unincorporated Vargas property north of the Fredrich property; b) to the east unincorporated area which is part of the Dublin Ranch Project (Lin Family holdings); c) to the west by the recently annexed Dublin Ranch West (formerly Wallis Ranch acquired by the Lin Family), Including Tassajara Creek; and d) to the Huuth by Dublin Ranch West panhandle west of Tassajara Road and Silveria RanchJPmn Brothers property, a residential project of approximately 250 units currently under eonstnlction, east of Tassajara Road. Improvements are limited to a well and pump house on the Fallon Crossing property and a single family residence with ancillary agriculture-related stnlctures on thc Fredrich property The east fork ofTassajara Crcck which divides the two properties is vegetated With dense trees, shrubs, and ground cover but also supports sparse riparian vegetation. ~. .. j rr , J I " . ".w,}1 _.- L-'~ _.-_::r:=::-___ .... .,-$./ ... h n. . VICINlTtJlAP ..,'" The project area generally consists of vacant hillside and non-natIve annual grasslands. Fallon Crossing is charaderized by high hills in the north and east and lower hills in the southeast. A natural drainage area slopes generally to the west and southwest toward the east fork tributary of Tassajara Creek. The proposed location for resldenbal development is the gently rolling or more level area in the southwest of the site east of Tassajara Road. Smaller patches of native perennials may be found on the north-facing slopcs. Thc Frcdrich property has a low hilltop serving as the site of thc cxisting residence. The property gcncrally slopcs to the southeast and southwest towards the junction of Tassajara Creek to the west and its cast fork tributary that divides it from Fallon Crossing. 20f9 1\\lS"h\n The properties have been used for fanning/grazmg. SIte topography ranges in elevatiml from 450 feet along the east fork Tassajara Creek tributary to 700 feet at the top of the northern ndge of Fallon Crossing_ The project site has slopes that range from 5% along the area east of the creek bed to more than 50% on the upper along the northern and eastern borders. The annexation property IS currently wned for agnculture by Alameda County. Since the property is wlthm the City's SOl it also has been included in the General Plan and Eastern Dublin Specific Plan Area for planning purposes. Since the proposed prezoning and Stage I Planned Development plan are consistent with the existing land uses, amendments to the General Plan or Eastern Dublin Specific Plan would not be requIred. The two properties included within the area proposed for annexation and prezoning are listed in Table I below Tahle I shows, for each parcel, the Assessor Parcel Number (APN), owner's name, acreage, location, and the owner's position on the annexation. Table 1: Properties within the Project Area/Anneution Area 985-0002-001 6847 Tassajara Road 67.80 ae Standard Pacific Homes Fallon Crossing Fredrich Yes Yes 985-0004-002-03 6847 TassaJara Road Total: 6 17 ac 73.97 ae The proposed Project includes: I) Approval of a Mitigated Negative Declaration; 2) Prezoning of both properties for annexation to the City of Dublin; 3) Approval of a PD-Planned Development Zoning Distnct with related Stage I Development Plan as shown on Attachment 2; and 4) Application for Annexation of both properties to the City of Dublin and to the Dublin San Ramon Services District (DSRSD). The properties lie within two subareas of the Eastern Dublin Specific Plan - Tassajara Village subarea west of TassaJard Road and the Foothill Residential subarea east of TassaJara Road. The properties are identified in the initial Eastern Dublin Specific Plan as the Herrera property (currently the Fredrich Property) and Mission Peak Homes (currently Fallon Crossing), owned by Standard Pacific Homes_ Since the adoption of the initial Eastern Dublin Specific Plan, precise alignments have been established and roadway dedicated from the Fallon Crossing property for the Tassajara Road and Fallon Road right- of-way The proposed development for the residual Fallon Crossing property is consistent with the applicable Gencml Plan and Eastern Dublin Spccifie Plan designations for residential, rural residential and open space. Fallon Crossing is proposed to be a residential neighborhood of 103 single family detached homes with requisite opcn spaec, pedestrian corridors, infrastructure, and landscaping. No improvements are proposed for the Fredrich property at this time; however, the land use designation of Medium High Density Residenbal m the General Plan and Eastern Dublin Specific Plan, would allow future application for 47 to 85 reSIdential units and Neighborhood Commercial development. Access to the Fallon Crossing project would be from a new two-lane road that will extend cast of Tassajara through the development creating a four-", ay mtersection at Fallon and Tassajara Roads. The Fallon Crossing project refines the Eastern Dublin Specific Plan in two areas: I) development would not extend into the 30% slope area near the northwest boundary of the property as allowed with Rural Residential land use designahon, and 2) a 100-foot setback from the top-of-bank on the east fork of Tassajara Creek has been mcorporated into the 30f9 project design. The Planned Development (PD) prczoning and Stage I Development Plan reflcct the land use designations and general layout of public improvements shown in the General Plan and Eastern Dubhn Specific Plan. The steeper slopes and ridgelincs on site are designated as open space. However, remedial grading may extend beyond the proposed development envelope. 1 \2 Db 1'\ l There are two constructed pond features on site. One is locatcd in the northeast area of the site closc to the creek. The other is located halfway into the intermittent drainage way at the base of the hillside and fed by seasonal seeps. Both were recently constructed as a mitigation measure for sensitive or endangered species habitat since special status ammals could potentially be found on site. Both ponds will be preserved in their existing conditIOn and neither will be disturbed by the proposed development. Biological assessments were conducted as part of the environmental assessment. No identified wetlands are located within the proposed project and no special or endangered plant species were identified on the project site. No biological resource analysis was undertaken for the Frednch property but would be required if a development application is submitted. ANALYSIS Annexation: The project site is currently within unincorporated portion of Alameda County and within the Sphere of Influence (SOl) for the City of Dublin as established by the Alameda County Local Area Formation Commission (LAFCo). The LAFCo is a State mandated local agency that oversees boundary changes to cities and special districts, the formation of new agencies including incorporation of new cities, and the consolidahon of existing agencies. Although currently outside the City limits, the City has planned for the eventual annexation of this area through the General Plan and the Eastern Dublin Specific Plan, mcluding the number ofresidenl1al units anticipated and the project population which will reside in those units. The majority land owner, Standard Pacific Homes, has requested annexation prior to proceeding with devclopment. The Fredriehs have also consented to the anncxation. Following annexation, the City would havc jurisdiction and authority over plan approvals, and the project will be serviced by the City and the analogous service districts. Also requested is annexation to the Dublin San Ramon Services Dlstnct (DSRSD) which serves that portion ofthe City with water and sewer services. The area already is within the 501 of the DSRSD The application for annexation (or reorganization, as referenced by LAFCo) includes a list of specific requirements with the most significant being: 1) prezoning by the City, and 2) a municipal services plan. The adopted prezoning must be consistent with the City's Gcneral Plan. With reference to the annexation, the currcnt action before the Planning Commission is to consider recommending that the City Council adopt a resolution authorizing Staff to initiate an application to LAFCo for the annexatIOns of the 73:97-acre project area to the City of Dublin and the DSRSD. The proposed annexations are consistent with City's planning efforts and would prOVide for the logical and orderly extension of urban servIces to the eastern portion of Dublin. After submittal of the annexation application, but pnor to LAFCo approval, the City will be required to enter mto a tax transfer agreement for the area to be annexed, and the property owners would be reqUIred to enter into agreements with DSRSD. Pianned Development PrezoninglStage 1 Development Plan: lbe proposed Planned Development District with Stagc I Development Plan will serve as the prezoning prerequisite for annexation. Proposed Stage 1 land uses consistent with the land use designations for both the General Plan and the Eastern Dublin Specific Plan are shown as follows for thc Fallon Crossing property; the Stage I Development Plan for the Fredrich property rcflcets existing residential and agricultural uses: 40f9 Table 2: Proposed Prczoning (in net acres) FALLON CROSSING Planned Davalo ment Sin Ie Famil Residential Neighborhood Park o en S ace Right-of~Way: Fallon Road Tassa.ara Road Subtotal FREDRICH PROPERTY Existin Residential Nei hborhood Commercial Subtotal Grand Total \ \-~ 'J()'l ProPQsed Prezoning acres - Densitv Units 19.5 5.3 103.__ 1 .0 nla nla 46.8 nla nla .5 nla nla "-- 67.80 - 103 617 1 6.17 73.97 104 Notes: The acreage figure for Fallon Crossing will be further defined with the submittal of a Tentative Tract Map. The annexation area would be pre-zoned PD-Plannoo Development District. 1be related Stage I Development Plan specifies the intent, intensity of use, permitted uses, and conditional uses for the Fallon Crossing property consistent with the land use designations idcntified in the General Plan and Eastern Dublin Specific Plan shown on the Prezoning Exhibit and Development Plan labeled as Exhibits A and B of Attachment 2 to thc staff report. The Stage I Development Plans rnclude: the development concept, permitted uses, conditional uses, general development standards, project access & circulation plan, phasing plan, conceptual landscape plan, and master intrdStmcture plan. The Stagc I Development Plan for the Fredrich propcrty provides for continuing the existing uses_ The entire 73.97-acre area, including the gmallcr Fredrich property, will be subject to prczoning and the Stage I Planned Development Plan. Fallon Crossmg proposes to develop as one phase 103 units of single family residential development with associated infrastructure, opcn space, and environmental protection features. One amenity is a 1- acre linear park north of the proposed residentl3l development and along the unnamed creek corridor at thc base of the slope and along the east fork of Tassajara Creek. The park will include a pedestrian trail, sitting areas, small play arcas, and native landscaping. This park will provide a passive recrcation arca for neighborhood residents. Grading will be rcquired to provide buildmg pads, road, and proper drainagc. Some off-site grading of an eXlstmg hillsidc on the property south of the project site will be required to meet the slope ratio standards of the Eastern Dublin Specific Plan. Other hillside grading on site will bc required to provide suitablc slope ratios and correct soil conditions. Grading of the site is proposed to take into consideration the hilly terrain. Wherever possible, development would be contoured to hillsides in order to avoid excessive cuts and fills. To minimize visual impact, most of the residential development would be tucked behind the ridgeline visible from Fallon Road. Only.8 acres of the proposed 19.5 acres of srngle-ramily development will have slopes in excess of 30%. The proposed open space configuration would enhance the natural environmcnt by preservmg hillSides, creek corridors, and wildlifc habitat. 501'9 A detention basin system is proposed north of the I-acre linear park near the Ill111llIllcd tributary of Tassajara Crcck. All surface runoff from the developed areas of the site will be discharged mto thiS systcm which also would include a nearby water quality pond. I \ t.\- l1b \ \ I A description of project circulation is a requirement of the Stage I PD zonmg. Tassajara Road currently is a two-lane road extendmg from Dublin Ranch over the hills and across into Contra Costa County It is wcll-traveled, but requires upgrading to support development. The Eastern Dublin SpecifIc Plan plans for Tassajara Road to cvcntually be expanded to SIX lanes. Fallon Road ends at a T-intersection at TassaJara Road. Fallon Road will be constructed south of the project site as a condition of approval for the Silveria/Pinn Brothers project. Vehicular and pedestrian acccss to Fallon Crossing will be from both Tassajara Road and Fallon Road. Tassajara Road frontage improvements and intersection improvements at the crossing of these two streets would bc completed with this project. A separate traffic analysis by TJKM was prepared and submittcd to address circulation and traffic impacts to the area that result from the project. This item is included as an appendix to the Mitigated Negativc Dcclaration. Tassajara Road and Fallon Road are clUTently identified by the City as scenic corridors with standards for preserving views of scenic ndgehnes and knolls from the corridor. Compliance with these standards will be reviewed with the Stage 2 Development Plan. A large portion of Fallon Crossing, 46.8 acres (or 69% of the property), will he permanently preserved as open space. Most of this area is steep slope and Visually sensitIve ndgehnes. The open space and hillside areas will be owned and mamtamed by a homeowners association. The creek bank and corridor will bc subject to a creek bank restoration and stabilization plan. Vegetation in the east fork tributary of Tassajara Creek would remain after development of the property The Applicant has submitted a conceptual landscape plan and streetscape plan which addresses typiCal lot layout, plant palette, parks and trails, open space and the creek bank stabilization and restoration plan and is included in Attachment 5. Thc dcvelopmcnt concept for the area strives to preserve the natural enviromnent and create a community that is compatihle with the natural terrain. A more detailed site plan, specific development standards, and a Site Development Review with design critcria will be submitted with the Stage 2 Development Plan followmg annexation. Upon annexation, the Stage I PD would become City zoning. No development would be approved prior to approval of a Stage 2 Development Plan adopted by the City identifying regulations for the improvement and maintenance of the property in accordance with Dublin's Zoning Ordinance. A Stage 2 Plan would not be approved until after annexation and would come heforc the Planning CommISSion. PRE-ANNEXATION AGREEMENT The goals and pohcles ofthe Eastern Dublin Specific Plan require anncxation and new development to be revenue neutral. A Pre-Armexation Agreement is requircd by the City pnor to its agreement to request LAFCo's approval for annexation. Only Standard Pacific Homes will be a party to the Pre-Annexation Agreement. In this case, Pre-Annexation Agreement is based on the advancc payment, or reimbursement of funding for the area improvements with emphasis, among other terms and conditions, on the fire station, fire impact fces, development impact fees, and off-site or regional improvements such as the Fallon Road/I-580 Interchange improvemcnts. The Pre-Annexation Agreement will be reviewed and approved at a subsequent City Council hearing. ENVIRONMENTAL REVIEW: TIle allnexation and prezoning project is \11 Eastern Dublin and the Eastern Dublin Specific Plan area, which was the subject of an Environmental Impact Report, certified by the City Council on May 10, 1993 (SCH # 60f9 .. 1f~(jJ..., III 91103064, Resolution 51 ~93, meorporated herelll by reference, hereafter "F...a.Sfem DUblin ETR"). The Eastern Dublin ETR is a program EIR that antiCipated several subsequent actions related to future development in Eastern Dublin. The EIR identified some impacts from implenlentation of the General Plan/Specific Plan that could nol be mlhgated. Upon certification of the ErR, the City adopted a statement of overriding considerations for such impacts. Pursuant to the Communities for a Better Envrronrnent case, the City Council will be required to adopt a new Statement of Overriding Considerations for significant unavOldahle impacts identified by the Eastem Dublin EIR as applicable to the proposed project. The City also adopted a mitigation monitoring program, which included nwoerous measures intended to reduce impacts from the development of the Eastern Dublin area. The timing for implementation of these mitigation measures is summarized in the adopted Mitigation and Monitoring Program matrix. As further discussed below, the City proposes to approve a Mitigated Negative Declaration for the current project. Consistent with the Dublin General Plan and Eastern Dublin Specific Plan, the current project proposes annexation of approximately 73.97 acres to the City and DSRSD, and approval of a Planned Development Distnet prezomng with related Stage I Development Plan. The project area consists of thc 67.80 acre Fallon Crossing property and the 6.17 acre Fredrich property The PD prczoning and Stage I Dcvelopment Plan propose future development of 103 single family homes on an approximately 19.5 acre portion of the site, with the rcmaindcr of the site proposed for open space and park uses. No development is proposed on the Fredrich property; the Stage I Development Plan would provide for continuation of the existing resldentlal uses. The City prepared an Initial Study dated February 9, 2006 to detenmne whether there would be supplemental environmental impacts occurring as a result of this project beyond or different from those already addressed in the Eastern Dublin EIR. The Imtial Study reviewed the proposed Stage I Development Plan site plan and also reviewed updated bIOlogical and traffic studies for the development. Based on the project description which retains more than two-thirds of the site in open space, and the updated technical studies, the Initial Study determined that the Fallon Crossing project could result in significant but mitigatable site-specific impacts. Because no development IS proposed for the Fredrich SIte, no impacts were identified for that portion of the project. A Mitigated Negative Declaration was prepared for the project and circulated for public review from February 14,2006 to March 16,2006. The City received three commcnt letters. Although CEQA does not require written responses to comments on a Mitigated Negative Declaration, the City prepared brief responses to the comments it receIved, as summarized below. The comment letters and responses are included in the attached draft resolution recommending adophon ofthe Mitigated Negative Dcclaration (Attachment I). 1 Caltrans letter dated March 2, 2006. Callrans notes that all work within the state right~of-way requires state approval. 2. Zone 7 letter dated March 7, 2006 Staff notes that the project includes a proposed detention basin that is intended to control peak runoff rates and ensure no net increase in runoff drainage from the proJect. As a feature incorporated into the project itself, the detention basin does not also need to he idenhfied as a mitigation measure. Staff also notes that the Project will be required to consult with Zone 7 on coordination with their flood control facilities. 3. Alameda County Public Works Agency letter dated March 21, 2006. Staff notes that the Project will be reqUIred to restore construction damagc to county roads and that the proposed detention basin will control downstream erosion and flooding by holding runoff onsite for controlled release. Design level hydrology reports and plans will be required prior to development pemuts and will be reviewed by the County Flood Control District as well as the City 7of9 Staff carefully reviewed the comments and detennined that thcy do not raIse any issues regarding the adequacy of the Mitigated Negative Declarahon. Staff recommends that the Planning CommIsSIon recommend adoption of the draft MND as set forth III Attachment 1. ) /1..0 % III INCLUSIONARY ZONING/AFFORDABLE HOUSING The project would be required to comply with the City's Inclusionary ZOOlng Ordinance for affordable housing. ThIS provlinon requires new residential projects to offer 12.5% of the units within the new reSIdential project as affordable. The standards also allow for payment in-lieu of construction up to 40% of the required affordable units. Fallon Crossing proposes to provide eight (8) affordable units, and pay an in-lieu fee for the remainder of their obligation. No agreements are currently in place whIch would satisfy the affordable housing requirements for either property However, compliance would be required when each property develops, and an arrangement would be agreed upon prior to approval of the Tcntative Tract Map and Site Development Review. PUBLIC NOTICING: In accordance with State law, a public notice was mailed to all property owners and occupants WIthin 300 feet of the proposed project, to advertise the project and the upcoming public hearing. A public nohce was also published in the Valley Times and posted at several locations throughout the City. CONCLUSION: The proposed prezoning to Planned Development (PD), annexation, and Stage I Development Plan is consistent with the General Plan and the Eastern Dublin Specific Plan and is in the public interest by minimizing slope disturbance and protecting natural drainage areas. The Stage I Planned Development prezoning will maintain scenic corridor qualities, and enbancing the natural environment. It also serves as prezoning required for the annexation application to LAFCo. The Mitigated Negative Declaration recommended for adoption by the City Council addresses the environmental impacts associated with tile proposed project through previous enviromuental documentation, and mitigation measures specific to the proposed project. The requested annexation area is within the City's Sphere of Influence (SOl) and represents a logical step towards mcorporation of the SOl area. RECOMMENDATION: Staff recommends that the Planning Commission: I) Open the public hearing and hear Staff presentation, 2) Take testimony from thc Applicant and the public, 3) Close the public hearing and deliberate, and 4) Adopt the following Resolutions: a. Resolution recommending City Council adopt a Mitigated Negative Declaratiou (Attachment I). b. Resolution recommending City Council approve a Planned Development (PD) Prezone with Stage I Development Plan for Fallon CrossinglFredrich Properties (Attachment 2 with the proposed PO Prezone as Exhibit A and Development Plan as Exhibit B). c. Resolution recommending City Council direct Staff to file an application with LAFCo for annexation to the City of Dublin and the Dublin San Ramon Services District (DSRSD)_ 80f9 GENERAL INFORMATION: PROPERTY OWNERS: APPLICANT: LOCATION: EXISTING ZONING: GENERAL PLAN DESIGNATION & EASTERN DUBLIN SPECIFlC PLAN: Standard Pacific Homes Standard Pacific Corporation 3825 Hopyard Road, Suite 195 Pleasanton, CA 94588 Attn: Michael Whitby III c)-bIll Thomas A. & Helene L. Fredrich 6960 Tassajara Road Pleasanton, CA 94588-9451 Standard Pacific Homes Standard Pacific Corporahon 3825 Hopyard Road, SUIte 195 Pleasanton, CA 94588 Attn: Michael Whitby Unincorporated area of Alameda County bounded by unincorpoTated County area (Moller property and Vargas property) on the north; Dublin Ranch West within the Dublin cIty limits and unincorporated Alameda County on the west; the Silveria Ranch/Pinn Brothers project to the south wlthm the Dublin city limits; and unincorporated Alameda County within Dublin Ranch to the east. The project site and all other unincorporated areas abutting thc projcct site are within the City of Dublin Sphere ofInfluence. APN 985-0002-001 (Fallon Crossing) APN 985"0004-002-03 (Fredrich Property) Agricultural (Alameda County) Rural Residential/Agriculture, Single-Family Residential, Mediwn-High DenSIty Residential, Neighborhood Park, Neighborhood Commercial, and Open Space (all areas include public nght-of-way) (See Land Use Maps) <) of9