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HomeMy WebLinkAboutReso 18-07 Wallis Ranch Mitigated Neg DecRESOLUTION NO. 18 - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING A MITIGATED NEGATIVE DECLARATION, A MITIGATION MONITORING AND REPORTING PROGRAM, AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR AN AMENDMENT OF THE DUBLIN RANCH WEST/WALLIS RANCH PROJECT TO EXPAND ONTO PROPERTY IN CONTRA COSTA COUNTY PA 05 -051 WHEREAS, the Applicant, Martin Inderbitzen, representing Chang Su-0 (aka Jennifer) Lin, et al., submitted applications to the City of Dublin (the "City ") requesting to amend the approved PD- Planned Development District Stage 1 Development Plan to include construction of an emergency vehicle access road, possible bioswale, herpetological exclusion fencing and barrier, and grading on an adjacent 11.6 -acre parcel of land within Contra Costa County to support the development of Dublin Ranch West /Wallis Ranch (the "expansion project "). The amendments also include minor revisions and refinements to the approved site plan and related uses. The applications include a PD- Planned Development District Stage 2 Development Plan, subdivision maps and other requests substantially in compliance with prior project approvals and the proposed Stage 1 Development Plan amendments; and WHEREAS, in 2005, the City Council approved General Plan and Eastern Dublin Specific Plan amendments (Resolution 43 -05, incorporated herein by reference), a PD- Planned Development District prezoning and related Stage 1 Development Plan (Ordinance 10 -05, incorporated herein by reference), and other approvals for the Dublin Ranch West /Wallis Ranch project (hereafter, "Dublin Ranch West"), a 189 -acre area located immediately to the south of the expansion project and within the City of Dublin. The currently requested amendment applies to the 184.1 -acre Lin Family portion of the 2005 approvals, located on the west side of Tassajara Road at the northerly City limits; and WHEREAS, Dublin Ranch West is located in Eastern Dublin, for which the City Council adopted the Eastern Dublin General Plan Amendment and Specific Plan, and certified a program Environmental Impact Report pursuant to California Environmental Quality Act (CEQA) Guidelines section 15168 (SCH 91103064; City Council Resolution No. 51 -93) and Addenda dated May 4, 1993 and August 22, 1994 (collectively the "Eastern Dublin EIR "), which is available for review in the City Planning Department and is incorporated herein by reference; 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 related Mitigation Monitoring Program (City Council Resolution No. 53 -93), which mitigation measures and monitoring program continue to apply to development in Eastern Dublin including the Dublin Ranch West project. The City also adopted findings regarding alternatives and a statement of overriding considerations for significant impacts that could not be avoided; and WHEREAS, in conjunction with the 2005 approval of the Dublin Ranch West project, the City Council certified a Supplemental Environmental Impact Report ( "SEIR ") and adopted mitigation findings, findings regarding alternatives, a statement of overriding considerations and a mitigation monitoring plan (City Council Resolution No. 42 -05, which is available for review in the City Planning Reso No. 18 -07, Adopted 2/20/07, Item 6.1 Page 1 of 3 Department and incorporated herein by reference). The approved mitigation measures from the SEIR continue to apply to the Dublin Ranch West project; and WHEREAS, the proposed Stage 2 Development Plan contains minor revisions and refinements to the previously approved Stage 1 Development Plan for the project area within the City. The proposed amendment to the Planned Development zoning and Stage 1 Development Plan involves only minor changes to the land use areas and incorporates the 11.6 acre adjacent property in Contra Costa County, further defines the points of access to the property and the boundaries of the land use designations, and adds specific and key elements specific to the Tassajara Creek Open Space Corridor. The City reviewed the various applications and determined that the revisions and refinements for the project within the City substantially comply with the project and analyses from the prior EIRs. These revisions and refinements are shown on the proposed Stage 1 and Stage 2 Development Plans. The proposed expansion of the project area onto 11.6 acres of land in Contra Costa County was not included or analyzed in either the Eastern Dublin EIR or the SEIR; and WHEREAS, the City prepared an Initial Study for the proposed expansion consistent with CEQA Guidelines sections 15162 and 15163 and determined that a Mitigated Negative Declaration was required in order to analyze potential environmental impacts for the proposed expansion onto the Contra Costa County parcel; and WHEREAS, based on the Initial Study, the City prepared a Mitigated Negative Declaration dated September 2006 which reflected the independent judgment of the City as to the potential environmental impacts of the proposed expansion project and which was circulated for public review from September 20, 2006 to October 19, 2006. The Mitigated Negative Declaration is attached as Exhibit A and is incorporated herein by reference; and WHEREAS, the City received one comment letter on the Mitigated Negative Declaration during the public review period, from the Regional Water Quality Control Board, dated October 13, 2006. The letter asked whether adequate off -site mitigation lands pursuant to proposed Mitigation 3 are available for CTS aestivation habitat. By letter dated December 13, 2006, the City responded that adequate off -site mitigation lands are expected to be available. The comment letter and the City's response letter are attached as Exhibit B and incorporated herein by reference; and WHEREAS, a staff report, dated January 9, 2007 and incorporated herein by reference, described and analyzed the Mitigated Negative Declaration and the Dublin Ranch West project, including the expansion project, for the Planning Commission; and WHEREAS, the Planning Commission reviewed the staff report and the Mitigated Negative Declaration at a noticed public hearing on January 9, 2007, at which time all interested parties had the opportunity to be heard, and adopted Resolution No. 07 -02 recommending adoption of the Mitigated Negative Declaration; and WHEREAS, a staff report, dated February 20, 2007 and incorporated herein by reference, analyzed the Mitigated Negative Declaration and the Dublin Ranch West project, including the expansion project, for the City Council; and WHEREAS, the City Council reviewed the staff report and the Mitigated Negative Declaration at a noticed public hearing on February 20, 2007, at which time all interested parties had the opportunity to be heard; and Reso No. 18 -07, Adopted 2/20/07, Item 6.1 Page 2 of 3 WHEREAS, the Mitigated Negative Declaration reflects the City's independent judgment and analysis on the potential for environmental impacts from the expansion project; and WHEREAS, the prior EIRs identified significant unavoidable impacts that would apply to development of the Dublin Ranch West project and adopted statements of overriding considerations in connection with those approvals. A statement of overriding considerations for the current project approval is attached as Exhibit C and incorporated herein by reference; and WHEREAS, the Mitigation Monitoring and Reporting Program required by CEQA for this project is attached as Exhibit D and incorporated herein by reference; and WHEREAS, the Mitigated Negative Declaration dated September 2006 together with the October 13, 2006 letter from the Regional Water Control Board and the City's December 13, 2006 response constitute the Mitigated Negative Declaration for the expansion project. The Mitigated Negative Declaration and related project and environmental documents, including the prior EIRs analyzing the portion of the project located in the City, are available for review in the City planning department, file PA 05 -051, during normal business hours and are incorporated herein by reference. The custodian of the documents and other materials which constitute the record of proceedings for the Dublin Ranch West /Wallis Ranch project, including the expansion project, is the City of Dublin Community Development Department, 100 Civic Plaza, Dublin CA 94568, attn: Mike Porto. NOW, THEREFORE, BE IT RESOLVED THAT the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED THAT the Mitigated Negative Declaration together with the previously certified Eastern Dublin EIR and Dublin Ranch West Supplemental EIR adequately describe the impacts of the expansion project and the project area located within the City. There is no substantial evidence in light of the whole record before the City that the Dublin Ranch West expansion project as mitigated will have a significant effect on the environment. BE IT FURTHER RESOLVED THAT the City Council hereby adopts the Mitigated Negative Declaration, including the identified mitigation measures, attached as Exhibits A and B; the Statement of Overriding Considerations attached as Exhibit C; and the Mitigation Monitoring and Reporting Program attached as Exhibit D. PASSED, APPROVED AND ADOPTED this 20th day of February, 2007, by the following votes: AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None Mayor ATTEST: City Clerk Reso No. 18 -07, Adopted 2/20/07, Item 6.1 Page 3 of 3 Table of Contents Introduction........................................................................................ ..............................2 Applicant/Contact Person .................................................................. ..............................2 Project Location and Context ............................................................. ..............................2 Project Background and Description ................................................. ..............................3 Evaluation of Environmental Impacts ..................................... .............................12 EarlierAnalyses ...................................................................... .............................23 Attachment to Initial Study ..................................................... .............................24 1. Aesthetics .................................................................... .............................24 2. Agricultural Resources ................................................ .............................25 3. Air Quality .................................................................. .............................25 4. Biological Resources ................................................... .............................26 5. Cultural Resources ...................................................... .............................30 6. Geology and Soils ....................................................... .............................31 7. Hazards and Hazardous Materials ............................... .............................32 8. Hydrology and Water Quality ..................................... .............................33 9. Land Use and Planning ............................................... .............................35 10. Mineral Resources ....................................................... .............................36 11. Noise ........................................................................... .............................36 12. Population and Housing .............................................. .............................37 13. Public Services ............................................................ .............................37 14. Recreation ................................................................... .............................38 15. Transportation / Traffic ................................................. .............................38 16. Utilities and Service Systems ...................................... .............................39 17. Mandatory Findings of Significance ........................... .............................40 Initial Study Preparer ... ............................... ...................................... ............................... References........................................................................................... .............................41 Persons /Agencies Contacted in Preparation of this Document ........... .............................41 ` L, City of Dublin Environmental Checklist/ Initial Study Introduction This Initial Study has been prepared in accord with the provisions of the California Environmental Quality Act (CEQA) and assesses the potential environmental impacts of implementing the proposed project described below. The Initial Study consists of a completed environmental checklist and a brief explanation of the environmental topics addressed in the checklist. The Initial Study relies on two previous Environmental Impact Reports (EIRs): a Program EIR certified by the City in 1993 for the Eastern Dublin General Plan Amendment and Specific Plan (the "Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report, State Clearinghouse No. 91103064) and a Supplemental EIR for the Dublin Ranch West Project ( "Dublin Ranch West Project Supplemental Environmental Impact Report," State Clearinghouse No. 2003022083, certified by the City Council on March 15, 2005). The former document, known as the "Eastern Dublin EIR," evaluated the following impacts: Land Use, Population, Employment and Housing, Traffic and Circulation, Community Services and Facilities, Sewer, Water and Storm Drainage, Soils, Geology and Seismcity, Biological Resources, Visual Resources, Cultural Resources, Noise, Air Quality and Fiscal Considerations. The latter document (the "Dublin Ranch West SEIR), supplemented the 1993 EIR as described more fully below and addressed the following topics: Agricultural Resources, Air Quality, Biological Resources, Land Use, Population, Housing and Employment, Transportation and Circulation, Utilities and Services, Schools, Parks and Recreation Facilities. Applicant/Contact Person Martin Inderbitzen PO Box 1537 Pleasanton CA 94566 Project Background In 1993 the City of Dublin adopted a General Plan Amendment and a Specific Plan, which addressed long -term development of approximately 4,200 acres of land east of the central portion of Dublin. In 2005, the City of Dublin certified a Supplemental EIR for the approximately 188.9 -acre Dublin Ranch West Project. Dublin Ranch West was (at that time) located in an unincorporated area of Alameda County generally bounded by the Alameda/Contra Costa line to the north, Camp Parks Reserve Forces Training Area to the west, Tassajara Road to the east and the existing Dublin City limit line to the south. Exhibit 1 shows the regional location of Dublin. Exhibit 2 shows the project area in relation to the City of Dublin. The Supplemental EIR ( "SEIR ") considered changes to the Dublin General Plan and Eastern Dublin Specific Plan including relocation of certain land uses within and adjacent to Tassajara City of Dublin Page 2 Initial Study /DRW /CC County Parcel September 2006 Creek, which flows through a portion of the area, to allow preservation of greater amounts of open space, eliminated a land use designation for an Elementary School for the Dublin Unified School District that was no longer needed, and relocated local parks within the Project area. A Stage 1 Planned Development application and prezoning was also included as part of the Project. The approved Dublin Ranch West Project includes the construction of up to 1,064 dwellings at varying densities, along with Neighborhood Parks, Neighborhood Squares and other Open Spaces. This Project included three separate and adjacent properties, the largest being the Dublin Ranch West property (184 acres of land), the Bragg property (1.6 acre) and the Sperfslage property (3.2 acres). The Dublin Ranch West Project also proposed annexation of the 188.9 -acre area to the City of Dublin and the Dublin San Ramon Services District (DSRSD), which has subsequently been completed. Project Description The Supplemental Environmental Impact Report (SEIR) prepared for the Dublin Ranch West Project did not analyze the approximately 11.6 -acre portion of the Project located immediately north of the Dublin Ranch West area and within the jurisdiction of Contra Costa County. This Initial Study supplements the certified SEIR for the 11.6 -acre site by analyzing potential impacts for proposed actions on this parcel. The 11.6 -acre parcel is proposed to be partially graded and would contain an emergency vehicle accessway (EVA) and a possible bioswale which are essential to the functioning of the overall Dublin Ranch West development. The entire parcel would be placed in a permanent Conservation Easement as part of the mitigation for impacts of the Dublin Ranch West Project on special- status species and would preclude future development of habitable structures in this area. Also as part of the mitigation for the Dublin Ranch West project, a permanent herpetological fence or barrier, to prevent movement of California tiger salamanders (CTS) into the development area, will be installed around the development footprint of the Dublin Ranch West Project. This fence /barrier will be along the southern border of the project site. The installation will follow construction activities. The project site is currently vacant with moderate to steep slopes toward the south and west. The site includes portions of a natural drainage swale north of the site that flows into Tassajara Creek, which forms the eastern boundary of the site. Aside from aquatic habitat within the creek along the perimeter of the site, the site consists of upland, grassland habitat. Exhibit 3 shows the location of this parcel in relationship to the larger Dublin Ranch West property. Hereinafter, references to the "project" site or "Contra Costa County Project" site refer to the approximately 11.6 -acre area that is the focus of this environmental document, while references to the Dublin Ranch West development/project refer to the portion of the development area located within the City of Dublin. Grading permit The project would include a grading permit to be issued by Contra Costa County just for that portion of the project lying within this County. Exhibit 4 shows a preliminary grading plan that shows that grading would take place on about 42 %, or 4.9 acres of the 11.6 -acre parcel. Maximum cut will be approximately 33' and maximum fill of approximately 20'. In total, City of Dublin Page 3 Initial Study /DRW /CC County Parcel September 200E approximately 68,300 cubic yards (38,700 cut, 29,600 fill) of earth would be moved on the parcel. This grading is required for two major reasons. First, the design of neighborhoods 1 and 2 within the Dublin Ranch West Project is such that grading onto the Contra Costa parcel is necessary to accommodate the improvements required for this (northern) portion of the Dublin Ranch West development. Secondly, this grading is needed to accommodate a total 20' wide EVA (16' paved surface with 2' gravel shoulders on each side) required by the Alameda County Fire Department for access between neighborhoods 1 and 2 of Dublin Ranch West. The locations of these two neighborhoods are shown on Exhibit 4. The EVA cannot be accommodated in the Dublin portion of the project area because of the elevation difference between Neighborhoods 1 and 2 and limitations posed by California tiger salamander habitat. Emergency Vehicle Access (EVA) An EVA has been envisioned to be located on the Contra Costa parcel since the inception of the development process for Dublin Ranch West. The site development plan in the SEIR shows a conceptual EVA /trail in the approximate current location of the EVA but the text of that document makes it clear the 11.6- acre Contra Costa parcel is not part of the project that was analyzed in the SEIR. The EVA would be situated approximately 100 feet north of the county line and would extend from about the middle of the northern boundary of Neighborhood 1 (between lots 17 and 18) to the northwestern portion of Neighborhood 2 where it would intersect "A" Lane at the location where it curves south to become "F" Street. The EVA is required by the Alameda County Fire Department because vehicular access to Neighborhood 1 is limited to only one road and blockage of that street would preclude ingress and egress which in the case of an emergency could lead to a life - threatening situation. There is no practicable location for the EVA within the Dublin portion of the development. Exhibit 4 shows the location of the proposed EVA. In order to accommodate the EVA, potential bioswale and the design of Neighborhoods 1 and 2, the southern portion of the Contra Costa parcel would have to be graded. Cut and fill in this area would range between approximately 33' and 20' respectively. Most grading would be adjacent to Neighborhood 1 (in the vicinity of the EVA) but a lesser amount would also occur adjacent to Neighborhood 2. The daylight line would be as far as approximately 200' north of the county boundary but would average only about 50' north of that line. Bioswale and herpetological fencing The other feature of Dublin Ranch West which may need to be located on the Contra Costa parcel is an approximately 360' long bioswale, a water quality feature to treat storm water. This facility, along with piping to connect it to the storm drainage system, would be located at the far eastern end of the parcel ranging between about 80' and 150' north of the county boundary. The bioswale may be needed to help satisfy the clean water requirements of the Regional Water Quality Control Board (RWQCB) for Dublin Ranch West. If found acceptable by the RWQCB, a basin performing both water quality and detention within the Alameda County portion of the project would be utilized in lieu of the bioswale. The project includes construction of a herpetological fence around sensitive biological issues on the site. Exhibit 4 shows the location of the potential bioswale. City of Dublin Page 4 Initial Study /DRW /CC County Parcel September 2006 Land use entitlements Land uses proposed on the 11.6 -acre Contra Costa parcel would be addressed in an amended Stage 1 Development Plan for Dublin Ranch West and will also be included on the Stage 2 Development Plan, Vesting Master and Tentative Maps, Site Development Review and Development Agreement. City of Dublin Page 5 Initial Study /DRW /CC County Parcel September 2006 0 0 U m Z m d e" 3 p N PA'B�GO� ":B:A,Y San Rafael Martinez Berkeley Concord Walnut Creek Leandro DUBLIN C eeo sw Livermore Hayward Pleasanton 92 Fremont 84 Redwood City Palo Alto Newark Sunnyvale Santa Clara San Jose Exhibit 1 REGIONAL LOCATION N CITY OF DUBLIN DUBLIN RANCH WEST o z 4 s 8 f0 miles INITIAL STUDY / CONTRA COSTA COUNTY PARCEL Richmond seo Mill 101 Valley ctl o San Francisco I A .N Daly s City ;B tot T a� San Mateo h I Half Moon Bay tc: Fa, Martinez Berkeley Concord Walnut Creek Leandro DUBLIN C eeo sw Livermore Hayward Pleasanton 92 Fremont 84 Redwood City Palo Alto Newark Sunnyvale Santa Clara San Jose Exhibit 1 REGIONAL LOCATION N CITY OF DUBLIN DUBLIN RANCH WEST o z 4 s 8 f0 miles INITIAL STUDY / CONTRA COSTA COUNTY PARCEL Blue Ox Associates, Berkeley, California 3 -10 -2006 °1Sr • �a • y I 1 aw ■ ®■ Contra Costa County Parcel D m w a D n [CITY OF PLEASANTON] S• �• Dub" Ranch I ■ • � West Project ro �� ®, s•�' a ®•�• [CITY OF SAN RAMON] �. • PARKS RESERVE FORCES • ®• TRAINING AREA • N I • i N FEDERAL• : SANTA RITA :CORRECTIONAL: REHABILITATION �■ y CENTER 1 INSTITUTION 6 q[ (("AMP PARKS) r, v .........:.... fir ... .. :. < D m w a D n [CITY OF PLEASANTON] Exhibit 2 PROJECT LOCATION City Limit° N CITY OF DUBLIN 0 V4 V2 314 1 mile DUBLIN RANCH WEST INITIAL STUDY / CONTRA COSTA COUNTY PARCEL I I ■ ro �� a Exhibit 2 PROJECT LOCATION City Limit° N CITY OF DUBLIN 0 V4 V2 314 1 mile DUBLIN RANCH WEST INITIAL STUDY / CONTRA COSTA COUNTY PARCEL 0 a_ M O U d d v m v e" 0 d 3 C Exhibit 3 SITE CONTEXT N Area Boundary CITY OF DUBLIN DUBLIN RANCH WEST o soo soo 1200 feet INITIAL STUDY / CONTRA COSTA COUNTY PARCEL Contra Costa County Parcel F• F£° • ,F F .F .F F`t .a FF •f •�'`^ F'`�•`'�F° TIPPER - " r££FS,r`R•F•� MOLLER Ff, 'WY7MWIIALMM1WbiN COU P' e COgTP CONi'- UNTO' s sa�� MEDA A a 90 d 6 LIN VARGAS (DUBLIN RANCH WEST) MISSION PEAK FREDRICH HOMES G ��2 c p9'Op9 County Right -of -Way '9TH Cam, �9 UNINCORPORATED T ALAMEDA COUNTY ot. 9C BRAGG CITYOFDUBIIN 2 OG� PINN SILVERIA UNITED STATES OF AMERICA (PARKS RESERVE FORCES TRAINING AREA) NEILSEN ARAC KOBOLD DUBLIN SPERFSLAGE RANCH PHASE 1 GYGI EBRPD Exhibit 3 SITE CONTEXT N Area Boundary CITY OF DUBLIN DUBLIN RANCH WEST o soo soo 1200 feet INITIAL STUDY / CONTRA COSTA COUNTY PARCEL l r t, MU ; \ �?: ...�.:� . \. m.. ,/ ���. .,L f ., kc €at.t ����.- ......:: :::::. �-":� _ / /J•f /l', `R —�.�� 'mil ; :: -�� 'a` w \\ \ \?�,�. .V r 1.1 .sa �t is r �� y� � :;.r. € / �/ ,�/ .-i.� C'•. ,' ';'.i. >\,> ° l ^'''�:`. J On i , , �L 1 t �,.i .::..v �. .tit= :�:.... _:....... > :.•..... ...._.... ...... .t:.d.. ......: \\ a m. � \ ?'tii�.lEt:i ?'iii /� �.c �1 ,� Vii( .v .� _.:.:.:�:. ;:.:: r; .:.:: :r. _. ._E; r:; ",:E:r.. \\ �� " �C� � ` `•\` \ ell' `. / /i' � _I_ie ::y �•- ..,.. � \\ \ \..\ • \\`� r t.y is \ of ,t i r 1 is \\ I 9 4 ,Y �I 4r, . •l. w\ ,J i I b / i 1 1 L \ r .I x �. t i ` ai•, br � �� l r •` i \ � i W., r ii /� -�\ \ ,, i3 d �r � '��� ..•fr' - ._� 1 j, ,y ! i / '� r , i k i- ` \� \. \ \ \\ r 6 `"• t // lli � 1l �,i , •.' �" �.� , .� \ .�. t ? .r r �l.i� r�. \, \ \:;'i Neighborhood 1 Neighborhood 2 SOURCE: MacKay & Somps, 12 -7 -2005. CITY OF DUBLIN DUBLIN RANCH WEST INITIAL STUDY / CONTRA COSTA COUNTY PARCEL Exhibit 4 PROPOSED GRADING AND LAND USE Approval of Mitigated Negative Declaration (City of Dublin) Approval of Amended Stage 1 and Stage 2 Development Plans, Vesting Master and Tentative Maps, Site Development Review and Development Agreement (City of Dublin) Issuance of Grading Permit (Contra Costa County) City of Dublin Page 10 Initial Study /DRW /CC County Parcel September 2006 F y, 1. Project description Construction of an Emergency Vehicle Access road, possible bioswale, herpetological exclusion fencing and barrier and grading on a 11.6 -acre of land within Contra Costa County to support the development of the Dublin Ranch West property immediately to the south within the City of Dublin. 2. Lead agency: City of Dublin 100 Civic Plaza Dublin, CA 94583 3. Contact person: Michael A. Porto, Dublin Planning Department (925) 833 -6610 4. Project location: West of Tassajara Road and north of the Dublin Ranch West development project in Contra Costa County 5. Project contact person: Martin Inderbitzen 6. General Plan designations: Agricultural (Contra Costa County) 7. Zoning: Agricultural (Contra Costa County). 8. Other public agency required approvals: Approval of Mitigated Negative Declaration (City of Dublin) Approval of Amended Stage 1 and Stage 2 Development Plans, Vesting Master and Tentative Maps, Site Development Review and Development Agreement (City of Dublin) Issuance of Grading Permit (Contra Costa County) City of Dublin Page 10 Initial Study /DRW /CC County Parcel September 2006 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "potentially significant impact" as indicated by the checklist on the following pages. - Aesthetics - Agricultural x Air Quality Resources x Biological Resources x Cultural Resources x Geology /Soils - Hazards and x Hydrology /Water - Land Use/ Planning Hazardous Materials Quality - Mineral Resources x Noise - Population /Housing - Public Services - Recreation - Transportation/ Circulation - Utilities /Service - Mandatory Findings Systems of Significance Determination (to be completed by Lead Agency): On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the environment and the previous Negative Declaration certified for this project by the City of Dublin adequately addresses potential impacts and mitigates impacts to a less- than - significant level. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Mitigated Negative Declaration will be prepared. I find that although the proposed project may have a significant effect on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on earlier analysis as described on the attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An Environmental Impact Report is required, but must only analyze the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed on the proposed project. Signature: _� .� /� . tk v Lug (iW) Date: gI1.(/n�, Printed Name: PgJAAct A • IlAcrt4- _ For: City of Dublin Page Initial Study /DRW /CC County Parcel September 2006 Evaluation of Environmental Impacts 1) A brief explanation is required for all answers except "no impact" answers that are adequately supported by the information sources a lead agency cites in the parenthesis following each question. A "no impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "no impact" answer should be explained where it is based on project- specific factors as well as general factors (e.g. the project will not expose sensitive receptors to pollutants, based on a project- specific screening analysis). 2) All answers must take account of the whole action, including off -site as well as on -site, cumulative as well as project - level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "potentially significant impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" implies elsewhere the incorporation of mitigation measures has reduced an effect from "potentially significant effect" to a "less than significant impact." The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level. City of Dublin Page 12 Initial Study /DRW /CC County Parcel September 2006 ( i Environmental Impacts (Note: Source of determination listed in parenthesis. See listing of sources used to determine each potential impact at the end of the checklist) Note: A full discussion of each item is found following the checklist. I. Aesthetics. Would the project: a) Have a substantial adverse impact on a scenic vista? (Source: 3, 5) b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? (Source: 3, 5) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Source: 3, 5) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Source: 5) II. Agricultural Resources Would the project: a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance, as showing on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to a non - agricultural use? (Source: 3,7) b) Conflict with existing zoning for agriculture use, or a Williamson Act contract? (Source: 3,7) c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland to a non - agricultural use? (Source: 3,7) III. Air Quality (Where available, the significance criteria established by the applicable air quality management district may be relied on to make the following determinations). Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? (Source: 3) b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Source: 3) City of Dublin Initial Study /DRW /CC County Parcel Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact X X X X X X X X X Page 13 September 2006 c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors? (3) d) Expose sensitive receptors to substantial pollutant concentrations? (Source: 3) e) Create objectionable odors? (Source: 4, 7) IV. Biological Resources. Would the project a) Have a substantial adverse effect, either directly through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? (Source: 3, 7) b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies or regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? (Source: 3,7) c) Have a substantial adverse impact on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption or other means? (Source: 3, 7) d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Source: 3, 7) e) Conflict with any local policies or ordinances protecting biological resources, such as tree protection ordinances? (Source: 3, 7) City of Dublin Initial Study /DRW /CC County Parcel Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact X X X X X X X X Page 14 September 2006 f) Conflict with the provision of an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional or state habitat conservation plan? (Source: 3, 7) V. Cultural Resources. Would the project a) Cause a substantial adverse impact in the significance of a historical resource as defined in Sec. 15064.5? (Source: 3) b) Cause a substantial adverse change in the significance of an archeological resource pursuant to Sec. 15064.5 (Source: 3) c) Directly or indirectly destroy a unique paleontological resource or unique geologic feature? (Source: 3) d) Disturb any human remains, including those interred outside of a formal cemetery? (Source: 3) VI. Geology and Soils. Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Fault Zoning Map issued by the State Geologist or based on other known evidence of a known fault (Source: 2, 3) ii) Strong seismic ground shaking (2, 3) iii) Seismic - related ground failure, including liquefaction? (3) iv) Landslides? (3) b) Result in substantial soil erosion or the loss of topsoil? (3, 6) c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project and potentially result in on- and off -site landslide, lateral spreading, subsidence, liquefaction or similar hazards (Source: 7) d) Be located on expansive soil, as defined in Table 13 -1 -B of the California Building Code (1994), creating substantial risks to life or property? (Source: 7) City of Dublin Initial Study /DRW /CC County Parcel Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact X X X X X X X X X X X X Page 15 September 2006 e) Have soils capable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste? (Source: 3) VII. Hazards and Hazardous Materials. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials (Source: 3, 4) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous into the environment? (Source: 3, 4) c) Emit hazardous emissions or handle hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? (Source: 4) d) Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Sec. 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Source: 3, 4) e) For a project located within an airport land use plan or, where such plan has not been adopted, would the project result in a safety hazard for people residing or working in the project area? (Source: 1) f) For a project within the vicinity of private airstrip, would the project result in a safety hazard for people residing or working in the project area? (Source: 1) g) Impair implementation of or physically zn interfere with the adopted emergency response plan or emergency evacuation plan? (Source: 1) City of Dublin Initial Study /DRW /CC County Parcel Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact X X X X X X X X rage i o September 2006 h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Source: 4, 6) IX. Hydrology and Water Quality. Would the project: a) Violate any water quality standards or waste discharge requirements? (Source: 3) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g. the production rate of existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (Source: 3) c) Substantially alter the existing drainage pattern of the site or area, including through the aeration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off - site? (Source: 3, 6, 7) d) Substantially alter the existing drainage pattern of the site or areas, including through the alteration of a course or stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (Source: 4,6) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Source: 5) f) Otherwise substantially degrade water quality? (Source: 2) g) Place housing within a 100 -year flood hazard area as mapped on a Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? (Source: 7) City of Dublin Initial Study /DRW /CC County Parcel Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact X X X X X X X X Page 17 September 200E h) Place within a 100 -year flood hazard area structures which impede or redirect flood flows? (Source: 7) i) Expose people or structures to a significant risk of loss, injury, and death involving flooding, including flooding as a result of the failure of a levee or dam? (7) j) Inundation by seiche, tsunami or mudflow? (2) IX. Land Use and Planning. Would the project: a) Physically divide an established community? (Source: 5) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Source: 1, 2, 3) c) Conflict with any applicable habitat conservation plan or natural community conservation plan? (1, 2, 3) X. Mineral Resources. Would the project a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (Source: 1, 2) b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general Plan, specific plan or other land use plan? (Source: 1, 2) XI. Noise. Would the proposal result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the general plan or noise ordinance, or applicable standards of other agencies? (Source: 3, 5) b) Exposure of persons or to generation of excessive groundborne vibration or groundborne noise levels? (Source: 2) c) A substantial permanent increase in ambient noise levels in the project vicinity above existing levels without the project? (Source: 3,5) City of Dublin Initial Study /DRW /CC County Parcel Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact X X X X X X X X X X X Page 18 September 2000 d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels without the project? (Source:4) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working n the project area to excessive noise levels? (Source: 2) f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (Source: 2) XII. Population and Housing. Would the project a) Induce substantial population growth in an area, either directly or indirectly (for example, through extension of roads or other infrastructure) ? (Source: 1, 2) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (2, 5) c) Displace substantial numbers of people, necessitating the replacement of housing elsewhere? (Source: 4, 6) XIII. Public Services. Would the proposal: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public services? (Sources: 1, 2, 3) Fire protection Police protection Schools Parks Other public facilities City of Dublin Initial Study /DRW /CC County Parcel 4 Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact X X X X X X X X X X X rage i a September 2006 XIV. Recreation: a) Would the project increase the use of existing neighborhood or regional facilities such that substantial physical deterioration of the facility would occur or be accelerated (Source: 4, 6) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Source: 4, 6) XV. Transportation and Traffic. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads or congestion at intersections)? (3) b) Exceed, either individually or cumulatively, a level of service standard established by the County Congestion Management Agency for designated roads or highways? (3) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (3) d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses, such as farm equipment? (3,7) e) Result in inadequate emergency access? (7) f) Result in inadequate parking capacity? (7) g) Conflict with adopted policies, plans or programs supporting alternative transportation (such as bus turnouts and bicycle facilities) (1) City of Dublin initial Study /DRW /CC County Parcel Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact X X X X X X X X X Page 20 September 2006 XVI. Utilities and Service Systems. Would the project a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (3, 5, 7) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (4, 5) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (5, 6) d) Have sufficient water supplies available to serve the project from existing water entitlements and resources, or are new or expanded entitlements needed? (5, 6) e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments? (5, 6) f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (2) g) Comply with federal, state and local statutes and regulations related to solid waste? (2) XVI. Mandatory Findings of Significance. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number of or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b City of Dublin Initial Study /DRW /CC County parcel Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact X X X X X X X X Page 21 September 2006 b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects). c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact Less Than Significant With Mitigation. Less than Significant Impact No Impact X X Sources: 1. Final Eastern Dublin Specific Plan, City of Dublin (June 6, 1998) 2. Certified Environmental Impact Report (State Clearinghouse No. 91103064), Eastern Dublin General Plan Amendment and Specific Plan (including the Draft and Final EIRs, Addenda, etc.) 3. Certified Dublin Ranch West Environmental Impact Report (State Clearinghouse No. 2003022082) 4. Phase I Environmental Site Assessment 5. Site Visit 6. Review of project plans 7. Other Source These documents are available for review at: City of Dublin Community Development Department 100 Civic Plaza Dublin, CA 94568 City of Dublin Page 22 Initial Study/DR /CC County Parcel September 2006 XVII. Earlier Analyses This Initial Study is being prepared to determine whether earlier EIRs (the EIR prepared for the Eastern Dublin General Plan Amendment and Specific Plan, State Clearinghouse No. 91103064) and an EIR prepared for the Dublin Ranch West project (State Clearinghouse No. 2003022083) may be used to evaluate the proposed project pursuant to CEQA Guideline (Section 15063 (c)(7)• a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Portions of the environmental setting, project impacts and mitigation measures for this Initial Study refer to environmental information contained in the 1993 Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (State Clearinghouse No. 91103064), hereinafter referred to as the Eastern Dublin EIR. The Eastern Dublin EIR is a Program EIR that was prepared for the Eastern Dublin General Plan Amendment and Specific Plan of which this Project is a part. It was certified by the Dublin City Council on May 10, 1993. As part of the certification the Council adopted a Statement of Overriding Considerations for impacts such as: cumulative traffic, extension of certain community facilities (natural gas, electric and telephone service), regional air quality, noise and visual. Portions of the environmental setting, project impacts and mitigation measures for the Dublin Ranch West portion of the Eastern Dublin area were assessed in the Dublin Ranch West Project Supplemental Environmental Impact Report, certified by the City of Dublin on March 15, 2005 (State Clearinghouse #2003022083). The Dublin City Council adopted a Statement of Overriding Considerations for regional air quality impacts. The Eastern Dublin EIR and Dublin Ranch West Supplemental EIR contain a large number of mitigation measures which apply to this Project and which would be applied to any development within the Project area. Specific mitigation measures identified in the Eastern Dublin EIR and Dublin Ranch West Supplemental EIR for potential impacts are referenced in the text of this Initial Study. City of Dublin Page 23 Initial Study /DRW /CC County Parcel September 2006 Attachment to Initial Study Discussion of Checklist Legend PS: Potentially Significant LS/M Less - than - significant with adherence to mitigation measures contained in this Initial Study LS: Less Than Significant; or Less Than Significant due to the previously adopted mitigation measures of the Eastern Dublin EIR NI: No Impact; or No Additional Impact beyond that which was previously identified in the Eastern Dublin EIR, Dublin Ranch West SEIR and /or for which a Statement of Overriding Consideration was adopted 1. Aesthetics Project Impacts a) Have a substantial adverse impact on a scenic vista? NI. The 11.6 -acre parcel is not identified as a scenic vista. Construction of the approved Dublin Ranch West project, consistent with the Dublin General Plan and Eastern Dublin Specific Plan, will preclude access to major portions of the site by the general public, although limited recreational trail access may be permitted in the future as part of future projects undertaken by others. Overall, the project would result in no impacts to scenic vistas. b) Substantially damage scenic resources, including state scenic highways? NI. Grading of the project site could alter the visual experience of travelers on scenic routes along Tassajara Road, since existing natural topographic contours would be modified to allow grading on the Dublin Ranch West site to the south. However, the graded areas would be separated from passersby on Tassajara Road by intervening properties (the Tipper property and the Moura property) and by vegetation and hills. The proposed project would also not result in the construction of any above ground structures. Therefore, the proposed project would have no impacts on scenic resources or scenic highways. C) Substantially degrade existing visual character or the quality of the site? LS. Approval and implementation of the proposed project would change the visual character of the site by modifying the existing natural topography through the grading process. However, no above - ground structures would be built on the site that would cause a significant change and the graded areas would be revegetated following grading to blend in with adjacent areas. Therefore, there would be a less - than - significant impact with regard to degradation of the visual character of the site. d) Create light or glare? NI. No structures would be constructed on the project site, so there would be no emission of light or glare and no impact with regard to this topic. City of Dublin Page 24 Initial Study /DRW /CC County Parcel September 2006 2. Agricultural Resources Project Impacts a, c) Convert prime farmland to a non - agricultural use or involve other changes which could result in conversion of farmland to a non - agricultural use? NI. The parcel included in this project may be classed as prime farmland, however, it is not being used for agricultural purposes. Under the conservation easement that is proposed to be placed on the parcel, agricultural uses could be undertaken, so long as such activities do not interfere with special- status species on or adjacent to the site. Therefore, there would be no impact with regard to impacts to farmland or conversion of the area to a non - agricultural land use. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? LS. The project area is designated on the Contra Costa County General Plan Land Use Diagram and Zoning Map as Agriculture, however the uses and activities proposed for this Project would not conflict with either the General Plan or Zoning Ordinance. The parcel was formerly encumbered by a Williamson Act Land Conservation Contract (Contract No. 13 -73), but this contract was non - renewed in 1982 and is no longer valid. No impacts would therefore result regarding this topic. 3. Air Quality Project Impacts a) Would the project conflict or obstruct implementation of an air quality plan? NI. The proposed project would involve installation of an EVA, a potential bioswale and grading to support the development of the Dublin Ranch West Project to the south. There would be no activities that would emit'air emissions on a permanent basis or conflict with the Bay Area Air Quality Clean Air Plan. No impacts would therefore result. b) Would the project violate any air quality standards? LS/M. Grading of the parcel would likely release dust and PM -10 particles into the atmosphere during construction. Grading activities of the project could contribute to emissions exceeding BAAQMD significance thresholds. This may be a potentially significant impact which would be reduced to a less - than - significant level through adherence to the following mitigation measure: Mitigation Measure 1. The project developer shall adhere to the following requirements during grading activities. These standards shall be included in grading plans and specifications. City of Dublin Page 25 Initial Study /DRW /CC County Parcel September 2006 a) Water graded areas in late morning and at the end of the day; the frequency of watering should increase if wind speeds exceed 15 mph. Watering shall include all excavated and graded areas and material to be transported off -site. b) Daily cleanup of mud and dust carrying excavated materials onto street surfaces shall be carried out. c) Excavation haul trucks should use tarpaulins or other covers to minimize dirt and dust spillage. d) Replanting or repaving of graded areas should be accomplished as soon after grading as possible. e) Unnecessary idling of construction equipment shall be prohibited. f) After completion of grading, fugitive dust on exposed soil surfaces shall be controlled through seeding of native grasses and watering as necessary, limiting on -site speeds of construction equipment to 15 mph and limiting use of chemical soil palliatives to BAAQMD - approved products. g) Require construction contractors to water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind. h) Require construction contractors to sweep daily (preferably with water sweepers) all paved access road, parking areas and staging areas at construction sites. i) Require construction contractors to install sandbags or other erosion control measures to prevent silt runoff to public roadways. C) Would the project result in cumulatively considerable air pollutants? NI. The proposed project would not include vehicle trips or manufacturing activities that would contribute to cumulatively considerable air pollutants, so there would be no impact with regard to this topic. d, e) Expose sensitive receptors to significant pollutant concentrations or create objectionable odors? NI. The proposed project would not include habitable structures or a resident population that would enable sensitive receptors to be exposed to significant pollutant concentrations. Proposed uses on the parcel would not include manufacturing or other activities that would cause odors, so no impacts would result. 4. Biological Resources Project Impacts and Mitigation Measures a) Have a substantial adverse impact on a candidate, sensitive, or special- status species? LS/M. Based on recent investigations of the subject parcel by the firm of H.T. Harvey & Associates, four special- status species exist or have the potential to occur on the 11.6 -acre site, including California tiger salamander, California red- legged frog, burrowing owl, and loggerhead shrike (a special- status passerine). Based on previous analyses of the area included in the Dublin Ranch West Supplemental EIR and supplemental biological analysis prepared by H.T. Harvey Associates (listed in the Reference section of this Initial Study), the presence of San City of Dublin Page 26 Initial Study /DRW /CC County Parcel September 2006 Joaquin kit fox, pallid bat, Congdon's tarplant, western pond turtle, golden eagle, and Alameda whipsnake are not anticipated to be present on the 11.6 -acre site. Special- status species potentially present and appropriate mitigation measures are identified below. California tiger salamander (CTS). A recent survey of the project site for the presence of CTS by H.T. Harvey & Associates in the winter of 2003/04 found that CTS utilizing a breeding site approximately 1,000 feet west of the project site, within the adjacent Parks Reserve Forces Training Area, use burrows within the project site's upland grassland habitat when not at the breeding site. A number of salamanders were trapped on the project site and the Dublin Ranch West development site, indicating that the upland grassland habitat on these sites is used as aestivation and dispersal habitat by CTS. Implementation of grading activities and construction of site improvements could result in a potentially significant impact to CTS. This impact would be reduced to a less - than - significant level through adherence to the following measures: Mitigation Measure 2. A CTS management plan shall be developed by the Dublin Ranch West project proponents, and approved by the City of Dublin and /or the County, as appropriate, in consultation with CDFG and the USFWS, prior to construction activities. This measure shall also apply to construction grading activities within the Contra Costa County Project site. The Plan shall detail how CTS will be managed before and during construction activities and will include the following: a) Installation of a temporary herpetological fence /barrier prior to any ground disturbance around the entire construction footprint (i.e., including both the Contra Costa County parcel and the Dublin Ranch West development site), which shall prevent CTS from entering the construction area and shall remain until the permanent fence or barrier is installed. The existing one -way barrier, if approved by the USFWS, is a functioning temporary barrier and may serve as the construction exclusion fence if appropriately located, or the location may need to be adjusted if it is to be used as, or in conjunction with, a temporary herpetological exclusion fence /barrier. A maintenance schedule shall be included for this fencing. b) A salvage plan that details how aestivating CTS will be adequately relocated from the grading footprint within the project site and into permanently preserved suitable upland habitat. The project area will become a portion of the permanently preserved habitat (with the exception of the EVA). Mitigation Measure 3. To compensate for the loss of CTS aestivation habitat, the project proponent shall acquire and preserve in perpetuity suitable CTS aestivation habitat at a 1:1 ratio adjacent to preserved, occupied CTS breeding and aestivation habitat and construct a breeding pond, or as required by the USFWS and CDFG. The mitigation aestivation habitat shall be located in the City of Dublin or Livermore Valley area as close as is practicable, and as approved by the USFWS or CDFG and shall exhibit similar characteristics to the habitat lost. In selecting off -site mitigation lands, preference shall be given to preserving one large block of habitat rather than many small parcels, linking preserved areas to existing open space and other high quality habitat, and excluding or limiting public use within preserved areas. Land selected for mitigation shall be permanently preserved through use of a conservation easement or similar method, approved by the USFWS and CDFG, and obtained prior to the issuance of any construction permits. City of Dublin Page 27 Initial Study /DRW /CC County Parcel September 2006 Mitigation Measure 4. An Open Space Management Plan shall be prepared for the preserved upland grassland habitats within the project area. This plan shall include strategies for grassland habitat management to maintain CTS upland habitat, including grazing or mowing to encourage ground squirrel use and limiting human access to migratory routes to and from breeding habitats. If grazing is prescribed, the plan shall comply with the Grazing Management Plan for the Eastern Dublin General Plan Amendment Area. The Open Space Management Plan shall also address management of the habitats for other special- status species that may utilize these areas, including California red - legged frog (CRLF), burrowing owl and migratory birds. The plan shall include protection measures such as fencing, signage, reduced or indirect lighting, pet control measures, trail use limitations (daytime only), and habitat monitoring and reporting as appropriate for the proposed project. This plan shall be prepared by the Project proponent and approved by USFWS and CDFG prior to construction activities. Mitigation Measure 5. A qualified biologist (as identified by the City of Dublin and Contra Costa County) shall monitor construction activities to ensure protective measures are implemented and maintained (i.e. fencing is maintained, preserved areas are not disturbed, etc.). The biological monitor shall have the authority to suspend any and all construction activities if protective measures are not properly followed and /or if activities pose an immediate threat to preserved sensitive resources. The biological monitor shall also have the authority to contact CDFG and /or the USFWS to report any mortality of listed species during construction. Mitigation Measure 6. During initial ground disturbing activities construction employees shall receive an educational training program that includes information on sensitive species identification and their potential habitat, approved mitigation measures for the project, and actions employees should take if a sensitive species is encountered. California red-legged frog (CRLF). Although unlikely, CRLF could occur along the drainage swale adjacent to and within the northern boundary of the project area. CRLF may use the upland grassland habitat within the project area to forage and, particularly along the drainage, for dispersal. Following grading and construction, the intent of the project is to enhance this drainage with rocks and woody debris, and perhaps low- growing shrubs, to provide cover for dispersing frogs. No permanent loss of CRLF habitat will result from the project. As most construction activities will occur during the dry season when CRLF are least likely to be present on the site, impacts to this species are extremely unlikely and Mitigation Measures 2a, 5, and 6, designed to reduce impacts to CTS, will also reduce potential impacts to CRLF. This impact will be reduced to a I ess-than-si gnifi cant level through the combination of Mitigation Measures 2a, 5, and 6, and the following measure: Mitigation Measure 7. Prior to grading activities or any ground disturbance and following installation of protective temporary construction fencing (Measure 2a above), a qualified biologist shall conduct pre- construction surveys. If CRLF are found within the construction areas and if authorized by the USFWS, they shall be immediately moved to undisturbed, preserved portions of the adjacent Tassajara Creek Conservation Area. Burrowing Owl. Based on several surveys of the Dublin Ranch West project area, including the 11.6 -acre parcel in Contra Costa County, the potential presence of burrowing owls on the site has been identified, primarily because of the number of burrows on the project parcel. If burrowing City of Dublin rage zo Initial Study /DRW /CC County Parcel September 2006 owls are identified as present, grading and related activities proposed for the parcel site would result in a potentially significant impact, since burrowing owls are classed as a special- status species. This impact would be reduced to a less -than significant level through adherence to the following measures: Mitigation Measure S. The following pre- construction survey, avoidance, and /or compensation measures shall be applied for impacts to burrowing owls: a) Pre - construction surveys for burrowing owls shall be conducted by a qualified biologist prior to any ground disturbance between September 1 and January 31. If ground disturbance is delayed or suspended for more than 30 days after the survey, the site should be re- surveyed. If no over - wintering birds are present, burrows should be removed prior to the nesting season. If over - wintering birds are present, no disturbance should occur within 150 feet of occupied burrows. If owls must be moved away from the disturbance area during this period, passive relocation measures must be prepared according to current CDFG burrowing owl guidelines, approved by CDFG, and completed prior to construction. b) If construction is scheduled during the nesting season (February 1 - September 1), pre - construction surveys shall be conducted in the entire Dublin Ranch West area within 30 days prior to construction and within 250 feet of the Dublin Ranch West area prior to any ground disturbance. A minimum buffer (at least 250 feet) shall be maintained during the breeding season around active burrowing owl nesting sites identified in pre - construction surveys to avoid direct loss of individuals. c) If destruction of occupied (breeding or non - breeding season) burrows, or any burrows that were found to be occupied during pre - construction surveys, is unavoidable, a strategy will be developed to replace such burrows by enhancing existing burrows or creating artificial burrows at a 2:1 ratio on permanently protected lands adjacent to occupied burrowing owl habitat, and will include permanent protection of a minimum of 6.5 acres of burrowing owl habitat per pair or unpaired resident owl. A plan shall be developed and approved by CDFG describing creation or enhancement of burrows, maintenance of burrows and management of foraging habitat, monitoring procedures and significance criteria, funding assurance, annual reporting requirements to CDFG, and contingency and remediation measures. Special- status breeding birds. Grading of a portion of the project parcel could eliminate grasslands used by nesting special- status birds, including loggerhead shrike (potentially in the few shrubs), , burrowing owl, and California horned lark. This would be a potentially significant impact and would be reduced to a less - than - significant level through adherence to the following measure: Mitigation Measure 9. Prior to any tree removal or ground disturbance, a qualified biologist (approved by the City of Dublin and Contra Costa County, as appropriate) shall conduct special - status breeding bird surveys throughout the grading area and mark an appropriate buffer around any nests discovered. Buffers shall be a minimum of 250 feet for raptors, and between 50 and 100 feet for special- status passerines depending on habitat type (50 feet in dense vegetation, 100 feet in open areas). Nesting status shall be monitored by a qualified biologist to determine when nests are no longer active. All activities shall be prohibited within the buffer until after young have fledged and moved out of the nest. City of Dublin Page 29 Initial Study /DRW /CC County Parcel September 2006 Mitigation Measure 20. Vegetation and tree removal shall take place (as much as practicable) outside of the breeding period for most birds (February- August is a broad breeding period that covers most species). b, c) Have a substantial adverse impact on riparian habitat or federally protected wetlands? LS. A small wetland area, approximately 0.1 -acre in size has been identified in the northeast portion of the subject parcel, based on the document "Wallis Property, Alameda /Contra Costa County Counties, Identification of Waters of the U.S." The proposed development plan for the parcel notes the wetland area and surrounding area would not be developed but instead placed in a conservation easement. Therefore, there would be a less - than - significant impact with regard to wetlands and waters of the U.S. d) Interfere with movement of native fish or wildlife species? LS. The proposed project would include grading of existing slope areas and construction of a paved EVA. Neither of these activities would interfere or restrict the movement of native fish or wildlife species. These would therefore be a less - than - significant impact with regard to this topic. e) Conflict with any local policies or ordinances protecting biological resources, such as tree protection ordinances. NI. The project would not conflict -with any policies or ordinances adopted by Contra Costa County regarding protection of natural resources and no impact would result. f) Conflict with local policies or ordinances protecting biological resources or any adopted Habitat Conservation Plans or Natural Community Conservation Plans? NI. The project site is not located within a Habitat Conservation Plan area or a Natural Community Conservation Plan area. No impacts would therefore result. A Conservation Easement is proposed to be placed on the project site once improvements are constructed. 5. Cultural Resources Project Impacts and Mitigation Measures a) Cause substantial adverse change to significant historic resources? NI. The project site is vacant and contains no structures; therefore, there would be no impact to above - ground historic resources. b, c) Cause a substantial adverse impact or destruction to archeological or paleontological resources? City of Dublin Page 30 Initial Study /DRW /CC County Parcel September 2006 LS/M. There is a remote but potentially significant possibility that construction activities, including site grading and excavation, may uncover significant archeological and /or paleontological resources on the site. This would be a potentially significant impact. The following measure is recommended to reduce this impact to a less- than- signif cant level: Mitigation Measure 11. If historic, archeological, paleontological or Native American materials or artifacts are identified during project construction, work within a 50 -foot radius of such find on the project shall cease and the City of Dublin and /or Contra Costa County shall retain the services of a qualified archeologist and /or paleontologist to assess the significance of the find. If such find is determined to be significant by the archeologist, a resource protection plan conforming to CEQA Guideline Section 15064.5 shall be is prepared by the a qualified archeologist and /or paleontologist and approved by the City of Dublin and /or Contra Costa County, as appropriate. The plan may include but would not be limited to removal of resources or similar actions. project work may be resumed in compliance with such plan. If human remains are encountered, the Contra Costa County Coroner shall be contacted immediately and the provisions of State law carried out. d) Disturb any human resources? LS/M. A remote possibility exists that historic or pre - historic human resources could be uncovered on the site during construction activities, which would be potentially significant. Adherence to Mitigation Measure 11 would reduce this impact to a less- than - significant level. 6. Geology and Soils Project Impacts a) Expose people or structures to potential substantial adverse impacts, including loss, injury or death related to ground rupture, seismic ground shaking, ground failure or landslides? LS/M. Although the parcel analyzed in this document would not contain occupied structures or other facilities that would be in general public use, proposed grading would support dwelling foundations constructed to the south within Dublin Ranch West. Typical site soils encountered on the project parcel consist of alluvial and colluvial deposits. Landslides on the larger Dublin Ranch West project area were found on the westerly side of the Dublin Ranch West site and along the banks of Tassajara Creek. No historic landslides were identified on the 11.6 -acre parcel within Contra Costa County, although landslides are mapped immediately north of the project site, based on Berlogar's Summary Update Geotechnical Investigation of the Dublin Ranch West Project (October 2001). Although the Bay Area lies within a seismically active area, there are no known active faults within the Project area or adjacent, based on the 1993 Eastern Dublin EIR and the Updated Summary Geotechnical Report prepared for the Dublin Ranch West site in October 2001. Although the anticipated risk of ground rupture is considered low due to lack of an active fault, there is a possibility that seismically induced ground shaking could include slope failure that City of Dublin Page 31 Initial Study /DRW /CC County Parcel September 2006 could damage dwellings to the south. This would be a potentially significant impact. Similarly, the proposed slopes to be constructed on the project parcel could be subject to slope failure during non - seismic events, which would also be a potentially significant impact. This impact would be reduced to a less - than - significant level through adherence to the following measure. Mitigation Measure 12. Prior to the issuance of a grading permit for the project parcel, the applicant shall submit a soils and geotechnical report by a qualified geologist or equivalent. The report shall analyze existing soil conditions, the proposed grading plan and shall include specific recommendations to reduce the risk of slope failure and mudflow during seismic and non - seismic events to an acceptable level of risk, as determined by the City of Dublin or Contra Costa County, as appropriate. b) Is the site subject to substantial erosion and /or the loss of topsoil? LS/M. Proposed grading on the project parcel could result in substantial erosion especially during and after grading operations, when unprotected slope areas could erode into adjacent bodies of water, including but not limited to Tassajara Creek, to the east. This would be a potentially significant impact but would be reduced to a less - than - significant level by adherence to Mitigation Measure 12. c, d) Is the site located on soil that is unstable or expansive or will result in potential lateral spreading, liquefaction, landslide or collapse? LS/M. Project area soils could contain expansive soils that could result in slope failure, liquefaction or other soil hazards, which would be a potentially significant impact. Adherence to Mitigation Measure 12, which requires a detailed site - specific soils analysis and recommendations to reduce soil hazards to an acceptable level of risk, would reduce impacts related to expansive or unstable soils to a less - than - significant level. e) Have soils incapable of supporting on -site septic tanks if sewers are not available? NI. No structures are proposed within the project parcel, therefore, no impact is anticipated with regard to septic tanks. 7. Hazards and Hazardous Materials Project Impacts a, b) Create a significant hazard through transport of hazardous materials or release or emission of hazardous materials? NI. A Phase I Environmental Site Assessment was prepared for the approximately 11 -acre site in Contra Costa by Eckland Consulting Inc. in June of 2006. Copies of this report are available for review at the Dublin Community Development Department during normal business hours. City of Dublin Page 32 Initial Study /DRW /CC County Parcel September 2006 The report concludes that no historically recognized environmental condition or recognized environmental condition exists on this site. This conclusion is based on a review of previous site uses, a records search with the Contra Costa Fire Protection District and the Contra Costa County Hazardous Materials Program and recognized hazardous materials databases. There would therefore be no impact regarding the potential to create a significant hazard through transport or release of hazardous materials. c, d) Is the site listed as a hazardous materials site? NI. The project parcel is not listed as a hazardous materials site by the Department of Toxic Substance Control (DTSC) as of February 27, 2006. Therefore, no impact would result. e) Is the site located within an airport land use plan of a public airport or private airstrip? NI. The project area is located outside of the referral area for Livermore Airport, based on Figure 3.I /D of the Eastern Dublin EIR. No impact would result. f) Represent a safety hazard to persons if located within two miles of a private airstrip? NI. The project site is not located within two miles of a private airstrip as shown in the Eastern Dublin EIR. No impact would result. g) Interference with an emergency evacuation plan? LS. The proposed project would include construction of an emergency vehicle access road through the site that would facilitate egress from the westerly portion of the Dublin Ranch West area. This would will ensure that impacts related to emergency evacuation plans would be less - than- significant. h) Expose people and structures to a significant risk of loss, injury or death involving wildland fires or where residences are intermixed with wildlands? NI. The proposed project would not involve the construction of structures so it would not expose people or structures to wildland fire hazards. The project area would also be planted with native plant material for erosion control that would limit fire risk. No impact would therefore result with regard to wildland fire. 8. Hydrology and Water Quality Project Impacts and Mitigation Measures a) Violate any water quality standards or waste discharge requirements? LS/M. The proposed project would include grading of existing slopes to support approved development on the Dublin Ranch West. Grading activities on the project site could result in water borne soil erosion into adjacent creeks and streams that would exceed San Francisco Bay Regional Water Quality Control Board surface water quality standards. This would be a City of Dublin Page 33 Initial Study /DRW /CC County Parcel September 2006 significant impact. Adherence to the following measure would mitigate this impact to a less - than- significant level: Mitigation Measure 13. Prior to the issuance of a grading permit for the Project parcel, the applicant shall submit a Stormwater Pollution Prevention Plan (SWPPP) for the site showing construction and post- construction methods that will be implemented to meet Regional Water Quality Control Board surface water standards. The Plan shall include methods to prevent soil erosion during construction as well as long -term methods to protect surface waters. The SWPPP shall be approved by the Dublin Public Works Director or the Contra Costa County Public Works Department, as appropriate. b) Substantially deplete groundwater recharge areas or lower the local groundwater table? NI. The proposed Project does not include construction of any land uses that would require use of groundwater resources or would lower the existing groundwater table. No impact would therefore occur. C) Substantially alter drainage patterns, including stream courses, such that substantial siltation or erosion would occur? LS/M. The proposed project would include grading of the site to support development of the approved Dublin Ranch West project immediately to the south and minor redirection of existing drainage patterns would occur. However, the general direction of site drainage would continue to be to the north and northeast. Soil erosion and siltation off of the site could be a significant impact and this impact would be reduced to a less - than - significant level through adherence to Mitigation Measure 13. d) Substantially alter existing drainage patterns or result in flooding, either on or off the project site? LS. The proposed project would modify existing drainage patterns to a limited extent, although storm water runoff would continue to flow in a general northward direction. The anticipated increase in the amount of stormwater runoff would be limited since only a small amount of impervious surface would be created, which would be an emergency vehicle access roadway. This would be a less - than - significant impact. e) Create stormwater runoff that would exceed the capacity of drainage systems or add substantial amounts of polluted runoff? LS/M. Since only a limited amount of impervious surface would be created as part of the Project, an EVA roadway, there would be a small increase in the amount of surface water leaving the site under storm conditions. This would be less - than - significant. Surface water pollution from the site would be potentially significant and would be reduced to a less - than - significant level through adherence to Mitigation Measure 13. f) Substantially degrade water quality? City of Dublin Page 34 Initial Study /DRW /CC County Parcel September 2006 LS/M. Construction of the proposed project could contribute to water quality degradation through erosion of soil from the site into adjacent bodies of water, such as Tassajara Creek. This would be a significant impact and would be reduced to a less- than - significant level through adherence to Mitigation Measure 13. g, i) Place housing within a 100 -year flood hazard area as mapped by a Flood Insurance Rate Map or expose people or structures to a significant risk due to flooding or failure of a levee or dam? NI. The proposed project does not include construction of any dwellings that would be within a 100 -year flood hazard area. No impact would result. h) Place within a 100 -year flood hazard area structures that would impede or redirect flood flow? NI. The proposed project does not include construction of any dwellings that would be within a 100 -year flood hazard area. No impact would result. j) Result in inundation by seiche, tsunami or mudflows? LS. The site is not located near a major body of water that could result in a seiche or tsunami. The risk of potential mudflow will be addressed in the site - specific soils and geotechnical analysis. A less - than - significant impact is anticipated. 9. Land Use and Planning Project Impacts a) Physically divide an established community? NI. The project involves only one parcel, which is adjacent to the Dublin Ranch West project site. The Project parcel is also vacant and would not divide an established community. No impact would therefore result. b) Conflict with any applicable land use plan, policy or regulation? NI. The project site is planned and zoned for agricultural uses by Contra Costa County. Proposed land use would consist of a roadway and a potential bioswale, both which would be consistent with the general plan land use designation and zoning so no impact would result regarding conflicts with land use policies, plans or regulations. C) Conflict with a habitat conservation plan or natural community conservation plan? NI. There is currently no Habitat Conservation Plan or Natural Community Conservation Plan on the Project site, so no impact would result, As part of the proposed project, the applicant would include the project parcel within a Conservation Easement to ensure that no future development would occur on the site. City of Dublin Page 35 Initial Study /DRW /CC County Parcel September 2006 10. Mineral Resources Project Impacts a, b) Result in the loss of availability of regionally or locally significant mineral resources? NI. There are no known significant mineral resources located within the project area. Annexation and development of the project as proposed would have no impact on mineral resources. 11. Noise Project Impacts and Mitigation Measures a, d) Would the project expose persons to generation of noise levels in excess of standards established by the General Plan or other applicable standard or to substantial temporary or periodic increases in ambient noise levels? LS/M. Grading activities on the project site could subject surrounding rural residential dwellings to noise generated by earthmoving equipment, including bulldozers, compactors, dump trucks and similar equipment. Construction noise would exceed local exterior noise exposure standards adopted by both the City of Dublin and Contra Costa County and would be a significant impact. The Eastern Dublin EIR requires all developers in the Eastern Dublin area to prepare Construction Noise Management Programs to minimize noise impacts to adjacent residents. The developer of Dublin Ranch West is required to prepare such a plan and have it approved by the City of Dublin prior to grading operations. Since the project site is not located in the Eastern Dublin planning area, preparation of such a Program is not required. However, the following measure is recommended to mitigate construction noise on the project parcel to a less -than- significant level. Mitigation Measure 14. Grading and construction activities on the project parcel shall be included in the Dublin Ranch West Construction Noise Management Plan. b) Exposure of people to excessive groundborne vibration or groundborne noise levels? LS. Proposed construction activities on the project site would occur prior to occupancy of residences within the Dublin Ranch West project area, so that no residents of the area south of the Project site would be subject to groundborne vibration or noise. Few other rural residents are located near the project area that would be affected by the proposed Project. Overall, impacts related to groundborne vibration and noise would be less - than - significant. C) Substantial permanent increases in ambient noise levels? City of Dublin Page 36 Initial Study /DRW /CC County Parcel September 2006 NI. No residences or other uses or structures would be located on the project that would generate substantial noise levels. There would be occasional use of the Emergency Vehicle Access roadway by fire and police equipment that could be using sirens, but this would be very infrequent. There would be no impact regarding substantial permanent increases in noise levels. e, f) Expose people residing or working within two miles of a public airport or in the vicinity of a private airstrip to excessive noise levels? NI. There are no public or private airstrip in the vicinity of the proposed project, therefore, no impact would result. 12. Population and Housing Project Impacts a) Induce substantial population growth in an area, either directly or indirectly? NI. The proposed project would allow for adjunct grading to support the approved Dublin Ranch West project in the City of Dublin. Uses and activities allowed do not include residences so there would be no impact with regard to this topic. b, c) Would the project displace substantial numbers of existing housing units or people? NI. The project parcel is vacant and no impact would occur. 13. Public Services Project Impacts a, b) Fire and police protection? NI. One of the purposes of the proposed project is to provide an Emergency Vehicle Access for the Alameda County Fire Department, Dublin Police Services and other agencies and organizations that need access to the northerly portion of the approved Dublin Ranch West development. No other development would occur on the project parcel, so there would be no impact of the proposal on police or fire services. C) Schools? NI. Since the proposed project would not include any residents, there would be no impact on schools. d) Maintenance of public facilities, including roads? City of Dublin Page 37 Initial Study /DRW /CC County Parcel September 2006 NI. All project facilities would be private, so there would be no governmental agency that would provide maintenance services. No impacts would therefore result regarding maintenance of public facilities. 14. Recreation Project Impacts a) Would the project increase the use of existing neighborhood or regional parks? NI. The proposed project would not result in the construction of residences that would generate the need for additional neighborhood or regional parks. No impact would therefore result. b) Does the project include recreational facilities or require the construction of recreational facilities? NI. No recreational facilities are currently planned on the project site since no residences are proposed. No impacts would therefore result. The East Bay Regional Park District may construct a portion of a regional trail through this project parcel; however, no right -of -way has been selected for this trail and construction of the trail would be subject to future CEQA review at the time such a project may be proposed. 15. Transportation/Traffic Project Impacts a) Cause an increase in traffic which is substantial to existing traffic load and street capacity? NI. The proposed project does not include any residences or other uses that would contribute long -term traffic to local streets or roadways. No impact would result for this topic. b) Exceed, either individually or cumulatively, a LDS standard established by the County CMA for designated roads? NI. Since no traffic would be generated by the proposed project for any local roadway, no CMA standard would be exceeded and no impact would result. C) Change in air traffic patterns? NI. Development of the Project parcel is not expected to create a change in air traffic patterns at the airport and hence would have no impact on air traffic patterns. d) Substantially increase hazards due to a design feature or incompatible use? City of Dublin Page 38 Initial Study /DRW /CC County Parcel September 2006 NI. There would be no traffic that would use the emergency roadway on the Project parcel, only emergency vehicles, so no impact would result. e) Result in inadequate emergency access? NI. The Project would increase the availability of emergency access for the adjacent Dublin Ranch West project, so no impact would result. f) Inadequate parking capacity? NI. Since no habitable uses would be constructed for the proposed Project, there would be no need for on -site parking. No impact is anticipated. g) Conflict with adopted policies, plans or programs for alternative transportation? NI. Since the proposed Project does not include buildings or any other uses that would be open to the general public, no impact would result with regard to alternative transportation policies. 16. Utilities and Service Systems Project Impacts a) Exceed wastewater treatment requirements of the RWQCB? NI. The proposed Project would not result in the construction of habitable structures that would generate wastewater, so no impact would result. b) Require new water or wastewater treatment facilities or expansion of existing facilities? NI. Since no construction of habitable structures is proposed as part of this Project, no water or wastewater facilities are required and no impact would result. C) Require new storm drainage facilities? NI. The proposed project would include new drainage facilities, including a possible bioswale to accommodate stormwater runoff. No impacts are therefore anticipated. d) Are sufficient water supplies available? n LS. A limited amount of water would be required to support the proposed project. This would be for short-term irrigation of vegetation planting and would represent a less - than - significant impact. Since no habitable structures would be built as part of the project, there would be no requirement for a permanent, long -term water supply. e) Adequate wastewater capacity to serve the proposed project? Citv of Dublin Page 39 lnitiai Study /DRW /CC County Parcel September 2006 NI. No wastewater would be generated from the proposed Project since there would be no habitable structures built. No impact would result. f) Solid waste disposal? NI. There would be no impact with regard to solid waste disposal, since none of the uses proposed as part of the Project would generate solid waste material. g) Comply with federal, state and local statutes and regulations related to solid waste? NI. There would be no impact with regard to compliance with statutes and regulations regarding solid waste since no solid waste material would be generated as part of the proposed Project. h) Gas and electricity? NI. The proposed Project does not include uses that require the extension of natural gas or electrical service, no impact would result. 17. Mandatory Findings of Significance a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number of or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? No. Although the proposed project could have an impact on special- status wildlife species, adherence to the mitigation measures included in this Initial Study will reduce such impacts to a less- than - significant level. Please refer to the discussion in the Biological Resources section above. b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of possible future projects.) No. The proposed project would include minor improvements on an 11.6 -acre parcel within Contra Costa County to support a previously approved residential development project in the City of Dublin. No habitable structures would be constructed as part of the project and a majority of the project site would be placed in a conservation easement to preclude further development. C) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? City of Dublin Page 40 Initial Study /DRW /CC County Parcel September 2006 No. The proposed project includes minor improvements on an 11.6 -acre site that, based on the foregoing analysis in this Initial Study, would not result in any effects that would result in substantial adverse effects to humans, ether directly or indirectly. Initial Study Preparer Jerry Haag, Consulting Planner References Dublin Ranch West California Tiger Salamander Survey and Salvage Report Winter 2003/04, H. T. Harvey Associates, August 2004 Dublin Ranch San Joaquin Kit Fox Survey, H.T. Harvey & Associates, October 1997 Dublin Ranch West Rare Plant Survey, H. T. Harvey Associates, September 2003 Dublin Ranch West Biological Resources Report in Support of an Initial Study, H.T. Harvey Associates, October 2002 Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report, Wallace Roberts and Todd, 1994. Eastern Dublin Specific Plan, June 6, 1998 City of Dublin General Plan, revised July 7, 1998 Phase One Environmental Site Assessment for MacKay & Somps Wallis Ranch 13 acres, Contra Costa County, Eckland Consultants, Inc., June 2006 Update Summary report, Preliminary Geotechnical Investigation Dublin Ranch West Tassajara Road, Alameda County California, Berlogar Geotechnical Consultants, October 2001 Wallis Property Alameda /Contra Costa Counties Identification of Waters of the U.S, H.T. Harvey Associates, May 2000 Persons /Agencies Contacted in Preparation of this Document City of Dublin, Public Works Department City of Dublin, Planning Department MacKay and Somps City of Dublin ' Page 41 Initial Study /DRW /CC County Parcel September 2006 California regional Water Quality Control Board Cz-�'Vj San Francisco Bay Region J Linda S. Adams 1515 Clay Sheet, Suite 1400, Oakland, California 94612 Arnold Schwarzenegger Secrctary -for (510) 622 -2300 • Fax (510) 622 -2460 Governor - onmewal Protection http:// www. waterboards .ca.gov /sanfranciscobay October 13, 2006 File No. 2198.09 (BKW) Michael Porto, Project Planner RECEIVED City of Dublin 100 Civic Plaza $ 2006 Dublin, CA 94568 ®19131..IN PLAN14rN Re: Dublin Ranch West Supplemental Mitigated Negative Declaration SCH Number: 2003022082 Dear Mr. Porto: Regional Water Quality Control Board (Water Board) staff have reviewed the September 2006, Dublin Ranch West Supplemental Mitigated Negative Declaration (MND) for PA 05 -051, Dublin Ranch West Project (known as Wallis Ranch), Contra Costa County. The project includes an 11.6 -acre parcel in Contra Costa County that is immediately north of the Dublin Ranch West Project. This parcel will be regraded for an Emergency Vehicle Access and potential bioswale. Water Board staff have the following comment on Mitigation Measure 3 of the MND. Comment 1 - Mitigation Measure 3 This mitigation measure states: To compensate for loss of CTS aestivation habitat, the project proponent shall acquire and preserve in perpetuity suitable CTS aestivation habitat at a 1:1 ratio adjacent to preserved, occupied CTS breeding and aestivation habitat and construct a breeding pond, or as required by the USFWS and CDFG. The mitigation aestivation habitat shall be located in the City of Dublin or Livermore Valley area as close as is practicable, and as approved by the USFWS or CDFG and shall exhibit similar characteristics to the habitat lost. The 2004 Dublin Ranch West Supplemental Draft Environmental Impact Report and the 2004 Dublin Ranch West Supplemental Final Environmental Impact Report contained similar mitigation requirements. However, the project proponent has recently proposed providing mitigation outside of the Livermore Valley. This proposal implies that there may be a lack of suitable mitigation opportunities in the Livermore Valley. Before certifying the MND, the Lead Agency should verify that Mitigation Measure 3 can be implemented as proposed. This verification would preferably include providing the precise location of the proposed mitigation site. Identifying the proposed mitigation site in the MND would also be more consistent with the requirements of the California Environmental Quality Act (CEQA). Proposed mitigation measures should be presented in sufficient detail for readers of a CEQA Preserving, enhancing, and restoring the San Francisco Bay Area's waters for over 50 years Exhibit B 01 Recycled Paper t` Mr. Porto - 2 - MND, Dublin Ranch West, Dublin document to evaluate the likelihood that the proposed remedy will actually reduce impacts to a less than significant level. Mitigation measures to be identified at some future time are not acceptable. It has been determined by court ruling that such mitigation measures would be improperly exempted from the process of public and governmental scrutiny which is required under the California Environmental Quality Act. Therefore, the identification of a mitigation site at this time would significantly improve the MND, as well as resolving the concerns raised by the currently proposed mitigation for the Dublin Ranch West Project. If you have any questions, please contact me at (510) 622 -5680 or by e -mail at bwines(a >waterboards.ca.gov. Sincerely, Brian Wines Water Resources Control Engineer cc State Clearinghouse, P.O. Box 3044, Sacramento, CA 95812 -3044 USACE, San Francisco District, Attn: Regulatory Branch, 333 Market Street, San Francisco; CA 94105 —2197 CDFG, Central Coast Region, Attn: Robert FIoerke, Regional Manager, P.O. Box 47, Yountville CA 94599 CDFG, Central Coast Region, Attn: Janice Gan, P.O. Box 47, Yountville CA 94599 United States Department of the Interior, Fish and Wildlife Service, Sacramento Fish and Wildlife Office, Attn: Chris Nagano, 2800 Cottage Way, Room W -2605, Sacramento, CA 95825 -1846 United States Department of the Interior, Fish and Wildlife Service, Sacramento Fish and Wildlife Office, Attn: Kim Squires, 2800 Cottage Way, Room W -2605, Sacramento, CA 95825 -1846 Preserving, enhancing, and restoring the San Francisco Bay Area's waters for over 50 years af),ded Paper December 13, 2006 City of Dublin Dublin Ranch West - Wallis Ranch /Contra Costa County Parcel Response to Environmental Comments Introduction The City of Dublin issued a Mitigated Negative Declaration for this project on September 20, 2006, to ensure California Environmental Quality Act compliance. The proposed project includes grading on a parcel of land within Contra Costa County immediately north of the Dublin Ranch West/Wallis Ranch project west of Tassajara Road and immediately north of the Dublin/Contra Costa County boundary line. The project would also allow for a construction of an Emergency Vehicle Access, herpetological exclusion fencing and potential bio -swale on this 11.6 -acre site. The Negative Declaration was published and circulated for a 30 -day review ending on October 19, 2006. One comment letter was received and is attached. The comment letter is from the California Regional Water Quality Control Board, San Francisco Bay Region, dated October 13, 2006. Following is a response to the comment letter. Comment: Board staff is concerned that the location of compensatory off -site land for replacement of California Tiger Salamander (CTS) is located outside of the Livermore Valley. Mitigation Measure 3, as contained in the project Initial Study, states that the location of replacement habitat land should be located within the City of Dublin or the Livermore Valley area, as practicable, and must be approved by the Department of Fish and Game and U.S. Fish & Wildlife Service. The Regional Board requests the Lead Agency verify the location of the replacement habitat site required by Mitigation Measure 3 to ensure it can be implemented as proposed and that the mitigation is consistent with CEQA. Response: Refer to the attached letter from the Dublin Ranch West/Wallis Ranch project sponsor, Martin Inderbitzen, dated November 14, 2006,which identifies the precise location and size of the replacement habitat land to the U.S. Fish & Wildlife Service staff. The Inderbitzen letter notes that an agreement has been reached between the Lin family and the Ohlone Preserve Conservation Bank located in Alameda County for sufficient credits to off -set the impacts of the Dublin Ranch West /Wallis Ranch project, including City of Dublin ,'Page 2 Response to Comments Dublin Ranch West - Wallis Ranch /Contra Costa County Parcel January 2007 the Contra Costa County parcel. Based on this letter, the City of Dublin believes this mitigation can and will be fulfilled. Attachments: 1) California Regional Water Quality Control Board comment letter 2) Inderbitzen Letter to USFWS