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HomeMy WebLinkAboutItem 6.5 NoiseMitigationFee :~,.....- .. '~':: ',,\;,~,~,'~~~.;!~.~:~:'~'J.."P''''.'~ ".'.: _.~'" .~~'frf) \",1:',. }I";.,, ," ~.~ ,. 0"" \....,.. CITY CLERK File # nl3Jf9l[Q]-~[Q] .:, AGENDA STATEMENT CITY COUNCIL MEETINGDA TE: March 26, 1996 SUBJECT: ~ Publie Hearing: Noise Mitigation Fee (Report Prepared by Dennis Carrington. Senior Planner) EXHIBITS ATTACHED: A. Resolution adopting Noise Mitigation Fee amount B. Chapter 5.112 of Municipal CO~t Noise Mitigation Fee C. Page 5.0-13 ofEastem Dublin EIR showing "Mitigation Measure 3.1017.0" requiring Noise Mitigation Fee BACKGROUND DOCUMENTS (to be available at Council meeting): 1. General Plan 2. Eastern Dublin Gener8I Plan Amendmenf 3. Eastern Dublin Specific Plan 4. Eastern Dublin Final EnviromnentalImpactReport 5. Mitigation Monitoring Program eJ RECOMMENDATION: ~ 1. 2. 3. 4. 5. Open public hearing and hear Staff presentation . Take testimony from the Public Question Staff and the Public Close public hearing and deliberate Adopt resolution adopting Noise Mitigation Fee amount FINANCIAL STATEMENT: No cost to the City. The Noise Mitigation Fee will allow the City to cover the cost of mitigating noise impacts to existing residences in the Eastern Dublin Specific Plan (EDSP) from development in the EDSP at buildout when noise impacts will be ~test..arid of administering the intake of the Fee program. The fee amount is detennined by land use category and is o,;llined on Exhibit C to the Resolution (Exhibit A). The fee for residential land .use ranges from $2.85 to $4.74 per unit. --------------------------------------------~---~~-------~--------- :. COPIES TO: 'Community Development Director Dennis Carrington, Senior Planner Noise Mitigation FeeFUe Eric Broadhurst John DiManto Stuart Cook . Matt Koart Administration File' ,. . ITEM NO. -"., ....,,,:,._,.<"i!\)i~ ".,.",:w ~\r""'I:~,t:~(,f)T;-~<<:J"/' " " . ,:f~' . ,.,<.:,!.,,'...~, ,~>.iS\; . . ~. . '."',r_~,:, . ~. DESCRIPTION: The Environmental Impact Report (EIR) for the Eastern Dublin ....' ' . General Plan and Specific Plan assessed the project's potential Noise impacts. The project would'-- · contribute to cumulative traffi'c-'r:elated noise impacts in the region. Exposure of Existing Residence,s to' Future Roadway Noise, ;'Impl:Jct 3.1 O/B", addressed the cumulative traffic-related noise impacts on .'. existing residences along Fallon Road and Tassajara Road. It determined the noise impact of the Project ..;.. to be a significant cumulative impact. "Mitigation Measure 3.1017.0" requires the development ofa Noise ',. Mitigation Fee to pay for improvements to the existing dwellings in the East Dublin Specific Plan area on Tassajara Road and FaUonRoad to bring them into conformity with City noise standards. Thismitigation measure would, if properly implemented, reduce cumulative noise impacts. The City Council adopted Ordinance 1-95 (Chapter 5.112 of the Dublin Municipal Code) which establishes a Noise Mitigation Fee. The Ordinance states that the City COWlcil shall set forth the amount of the Fee, describe the benefitand impact area onwhieh the Fee is imposed, list the noise mitigation measures to be financed, describe the . estimated cost of these m*ures"and describe the reasonable relationship between the Fee and ,the various- types of future developments. and set forth time for payment. ., If the Noise Mitigation Fee is, 'not 'adopted. the City would not be able to pay for the mitigation of <<Impact 3.l0/Ir' of the EIR, resulting in a cEQA conflict. This would expose the City to potential litigation. CharlesM. Salter prepared the,Eastern Dublin Noise Mitigation Study dated February 20, 1996. That Study detennmed;that seven residenCes (six on Tassajara Road and one on Fallon Road) will beimpaeted by Noise resultingfroln develop~twithin the EDS}> at buildout. The Study set forth the necessary improvements to those homes lo bri11g them into conformity within City Noise Standards. These improvementS consiSt of 7 to 12 foot high SGlid fences around the outdoor use spaces of six homes and the installation of a ventilation system. in certain second floor rooms of another residence. The Study determined that these. improvements would cost $162,000 including the cost of barrier design. It will be necessary for. Staff to. incur admtni~ve costs related to the Noise Impact Fee. These costS involve administering the collection of the fee. depositing the fee into a special account, updating the fee amount eveo'five Y~f preparing Administrative Guidelines and coordinating reimbursement of h.omeowners wbenthey make improvements pursuant to the Resolution. Staff estimates thatthe administrative costS would be $16,200 (in 1996 dollars} which is equal to 100.10 of the amount to mitigate noise impactS($162.000). The 10% figure is used commonly by other cities to calculate administrative costs, and is adequate:forthepurpoieS of this fee. The cost of the Eastern Dublin Noise Mitigation Study prepared by Charles M. Salter AssociateS was $15t340. The total administrative costs will equal $31.540. ,,". ' . ThcHotalNOise Impaotfeewould.be the $162,000 determined by the Eastern Dublin Noise Mitigation Study plus the $31,540 administrative cost or 5193;540. The Noise Impact Fee is shown on Tablelofthe EastemDublin,Noise Mitigation Study and is detennined by the following procedure: 1. : Multiply the nw:nberofresidential units or 1,000's of square feet of non-residential land' uses by their InstitUte of Traffic En&iri~ (ITE) trip generation factor (for example 10 trips per day for a Low Density Residential unit)todet*m.e the tOtal humber of trips per day each type of use will contribute to the total num.ber of trips per day in the Eastern Dublin General Plan at buildout. 2. Sum the total number of trips per day each type of use will contribUte to arrive at the total number of trips per day in the Eastern Dublin General Plan at buildout (408,112 trips per day). .'- J .:.~ I ,. " ~.. " ' . ,.~""t: 'i.::" ,\,\_"r;'- ,i..~,,!;;.;: :~' '..:: I .- i . ::9, ,. '~l~i~(;')' . '~f~ 3. Divide the $193,540 costs of mitigating noise impacts to existing residences in the Eastern Dublin Specific Plan and of administering the fee to arrive at the fee for each automobile trip generated ($193,540/408,112 = $.474233). 4. Multiply the fee per trip generated times the number of trips per day each residential or non-residential land use unit generates to arrive at its respective fee per residential unit or 1000 square feet (for example if a Low Density residential unit generates 10 trips per day and the fee is $.474233 per trip, the fee per unit would be 10 x .474233 or $4.74). The benefit and impact area consists of the Eastern Dublin Specific Plan and General Plan Area and the seven homes identified on Table I of the Eastern Dublin Noise Mitigation Fee Study. Since some of the homes in the study may be removed as part of the new development, the study proposes that mitigation not be implemented until the traffic volume on Tassajara Road increases to 2,000 p.m. trips per day. When traffic reaches that level, owners of residences shown on Table I may make the improvements outlined in the Eastern Dublin Noise Mitigation study after reaching an agreement with the City on improvements, their costs, and means of reimbursement prior to construction. Owners will be reimbursed an amount not to exceed the amounts shown in Table I of that Study. Staff recommends that the City Council adopt Exhibit A, Resolution adopting the amount of the Noise Impact Fee, describing the benefit and impact area on which the fee is imposed. listing the Noise Mitigation measures to be financed, describing tlie estimated cost of these xneasures. describing the reasonable relationship between the fee and the various types of future development and setting forth time for payment. /G:pa96007agdasant . ..._~ . RESOLUTION NO. _-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION ESTABLISHING AMOUNT OF NOISE MITIGATION FEE FOR FUTURE DEVELOPMENTS WITmN THE CITY OF DUBLIN RECITALS WHEREAS. the City Council of the City of Dublin has adopted Dublin Municipal Code Chapter 5.112 creating and establishing the authority for imposing and charging a Noise Mitigation Fee ("Fee") to mitigate the impacts caused by future -- development within the Eastern Dublin Specific Plan and General Plan Amendment area; and WHEREAS. the Eastern Dublin General Plan Amendment ("GP A") and Specific Plan (liSP") were adopted by the City in 1993; and WHEREAS. the GP A outlines future land uses for approximately 4176 acres within the City's eastern sphere of influence including approximately 13.906 dwelling units and 9.737 million square feet of commercial. office. and industrial development; and WHEREAS, the SP provides more specific detailed goals, policies and action programs for approximately 3313 acres within the GP A area nearest to the City; and I EXHIBIT A WHEREAS, the GP A and SP areas ("Eastern Dublin") are shown on the Land . Use Map contained in the GPA (attached hereto as Exhibit A) and exclude the area shown on the Land Use Map as "Future Study Area/Agriculture"; and WHEREAS, a Program Environmental Impact Report ("EIR") was prepared for the GPA and SP (SCH No. 91103604) and certified by the Conncil on May 10, 1993 by Resolution No. 51-93, and two Addenda dated May 4, 1993 and August 22, 1994 ("Addenda") have been prepared and considered by the Council; and WHEREAS, the City Council adopted a "Mitigation Monitoring Program: Eastern Dublin Specific Plan/General Plan Amendment" by Resolution No. 53-93 which includes mitigation measures to assure that development \Vithin Eastern Dublin pays its proportionate share to mitigate imp~cts caused by development within Eastern Dublin; and e. WHEREAS, the GPA, SP, EIR and Addenda describe the impacts of contemplated future development on existing residences in Eastern Dublin through the year 2025, and contain an analysis of the need for mitigation measures required to mitigate such impacts; and WHEREAS, a detailed comprehensive study of the impacts of contemplated future development on existing residences in Eastern Dublin from future roadway noise, along with an analysis of the needed improvements to mitigate such noise was prepared by Charles M. Salter Associates, Inc., dated February 20, 1996, entitled . 2 ." .',.., e,:, "Eastern Dublin Noise Mitigation Fee Study" (Exhibit B hereto, referred to herein as the "study"); and WHEREAS, the study sets forth the relationship between contemplated future development, the needed mitigation ~easures, and the estimated costs of those measures; and WHEREAS the study was available for public inspection and review for ten (10) days prior to this public hearing; and WHEREAS, the Agenda Statement describes the administrative costs which will be incurred by the City in implementing the Noise Mitigation Fee. FINDINGS WHEREAS, the City Council finds as follows: A. The purpose of the Noise Mitigation Fee (hereafter "Fee" ) is to finance the mitigation measures identified in the study. Such mitigation measures are specifically described in the study. The mitigation measures described in the study are hereinafter referred to as the "Improvements." B. The Fees collected pursuant to this resolution shall be used to finance the Improvements to the residences shown (with costs) in Table I of the study and other noise attenuation measures specified herein. C. After considering the study, the testimony received at this noticed public hearing, the Agenda Statement, the General Plan, the GP A, the SP, the EIR and Addenda, the Mitigation Monitoring Program and all correspondence received 3 (hereafter "record") the Council approves and adopts said study, and incorporates such herein, and further fInds that the future development in Eastern Dublin will generate the need for the Improvements and the Improvements are consistent with the Citys General Plan, the GP A and the Eastern Dublin SpecifIc Plan. D. The adoption of the proposed fee is not a project subject to CEQA because the whole of the action does not have a potential for resulting in a physical change in the environment, directly or ultimately. The provisions of funds to mitigate cumulative noise impacts to existing residences in the Eastern Dublin Specific Plan and General Plan Amendment area will not have a potential for resulting in a physical change to the environment, directly or ultimately. E. In adopting the Fee, the Council is exercising its powers rmder Article XI ~ 7 of the California Constitution. F. The record establishes: 1. That there is a reasonable relationship between the need for the Improvements and the impacts of the types of development for which the corresponding fee is charged in that new development in Eastern Dublin -- both residential and non-residential -- will generate persons who live, work and/or shop in Eastern Dublin and who generate or contribute to the need for the Improvements; and 2. That there is a reasonable relationship between the Fee's use (to pay for the construction of the Improvements and administration of the Fee program) 4 .-, ..,-: .;; ..': " and the type of development for which the Fee is charged in that all development in Eastern Dublin u both residential and nonMresidential _M generates or contributes to the need for the Improvements; and 3. That there is a reasonable relationship between the amOlll1t of the Fee and the cost of the Improvements or portion thereof attributable to development in Eastern Dublin in that the Fee is calculated based on the number of vehicle trips generated per day by specific types of land uses, the total amOlll1t it will cost to construct the Improvements and to administer the Fee program, fee per trip, and the fee per trip multiplied by the number of trips per day each use generates to arrive at the respective fee per residential unit or thousand square feet or portion thereof of ..' .. nonMresidential use; and 4. That the cost estimates set forth in the study are reasonable cost estimates for constructing the Improvements and administering the Fee program, and the Fees expected to be generated by future development will not exceed the projected costs of constructing the Improvements and administrative costs; and 5. The method of allocation of the Fee to a particular development bears a fair and reasonable relationship to each development's burden on, and benefit from, the Improvements to be funded by the Fee, in that the Fee is calculated based on the number of vehicle trips each particular development will generate. G. The study is a detailed analysis of how existing residences will be . affected by noise generated by new development in Eastern Dublin. 5 ADOPTION OF FEE NOW THEREFORE, the City Council of the City of Dublin does RESOLVE as follows: 1. Definitions a. "Campus Office" shall mean any development constructed or to be constructed on land having a General Plan or SP land use designation of Campus Office, as that term is defined in the GP A. b. "Development" shall mean the construction, alteration or addition of any building or structure within the City of Dublin and within Eastern Dublin. c. "Eastern Dublin" shall mean all property within the "General Plan Amendment Study Area" as shown on the Land Use Map (Exhibit A hereto) excepting the property designated as "Future Study Area/Agriculture." d. "General Commercial" shall mean any development constructed or to be constructed on land having a General Plan or SP and use designation of General Commercial, as that term is defined in the GP A e. "High Density Dwelling Unit" shall mean a dwelling llllit as defined in the Uniform Building Code (UBC) as adopted by the City of Dublin constructed or to be constructed on property designated by the SP and GP A for 25.1 or more llllits per acre. 6 . . .: e f. "Improvements" shall include those improvements described in the Study. "Improvements" shall also include comparable alternative improvements should later changes in technologies malce alternative improvements feasible. g. "Industrial Park" shall mean any development constructed or to be constructed on land having a General Plan or SP land use designation of Industrial Park, as that term is defined in the GP A. h. "Low Density Dwelling Unit" shall mean a dwelling unit as defined in the Uniform Building Code (UBC) as adopted by the city of Dublin constructed or to be constructed on property designated by the SP and GP A for up to 6.0 units per acre. e.. ...,--.:," 1. "Medium Density Dwelling Unit" shall mean a dwelling unit as defined in the Uniform Building Code (UBC) as adopted by the City of Dublin constructed or to be constructed on property designated by the SP and GP A for 6.1 to 14.0 units per acre. J. "Mediunv'High Density Dwelling Unit" shall mean a dwelling unit as defined in the Uniform Building Code (UBC) as adopted by the City of Dublin constructed or to be constructed on property designated by the SP and GP A for 14.1 to 25.0 units per acre. k "Neighborhood Commercial" shall mean any development constructed or to be constructed on land having a General Plan or SP land use .: designation of Neighborhood Commercial, as defined in the GP A 7 2. Noise Mitigation Fee Imposed. . e: .; 8 .,:_, ., .- e: building was destroyed or demolished unless the replacement or reconstruction increases the square footage of the structure fifty percent or more. (3) Any replacement or reconstruction of an existing non- residential structure that has been destroyed or demolished provided that the building permit for new reconstruction is obtained within one year after the building was destroyed or demolished. 5. Use of Fee Revenues. a. The revenues raised by payment of the Fee shall be placed in the Capital Project Fund. Separate and spedal accounts within the Capital Project Fund shall be used to account for such revenues, along with any interest earnings on each account. The revenues (and interest) shall be used for the following purposes: (I) To reimburse property owners of the residences identified in the study for construction of the improvements described in the study in an amount not to exceed shown on the Table I of the study, provided that the property owner has entered into an agreement with the City regarding the improvements to be made, their cost and the means of payment/reimbursement prior to construction of any improvements; 9 (2) To fund other noise attenuation or mitigation measures . within the GPA and SP areas, whether public or private, which the City Council finds will reduce cumulative noise impacts resulting from new development in the GPA and SP areas, provided that the Council also finds that sufficient revenues remain or will be collected to reimburse property owners pursuant to subparagraph (1) above; and (3) To pay for and/or reimburse costs of program development and ongoing administration of the Fee program. .u b. Fees in these accounts shall be expended only for the Improvements and only for the purpose for which the Fee was collected. 6. Standards The standards upon which the needs for the Improvements are based are the standards of the City of Dublin, including the standards contained in the General Plan, the GPA, SP, ErR, and Addenda. 7. Periodic Review. During each fiscal year, the City Manager shall prepare a report for the City Council identifying the balance of Fees in each account. . 10 e-, 8. Administrative Guidelines. The Council may, by resolution, adopt administrative guidelines to provide procedures for calculation of the Fee, the timing of and procedures for reimbursement to property owners for construction of the Improvements and other administrative aspects of the Fee. 9. Subsequent Analysis of the Fee. The Fee established herein is adopted and implemented by the Council in reliance on the record identified above. Periodically, the City may conduct further study and analysis to determine whether the Fee should be revised. 10. Effective Date. .':_ This resolution shall become effective immediately. The Fee provided in Sections 2 and 3 of this resolution shall be effective 60 days from the effective date of the resolution. II. Severabili~. Each component of the Fee and all portions of this resolution are severable. Should any individual component of the Fee or other provision of this resolution be adjudged to be invalid and unenforceable, the remaining component or provisions shall be and continue to be fully effective, and the Fee shall be fully effective except as to that component that has been judged to be invalid. . II ADOPTED AND APPROVED this 26th day of March, 1996, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY CLERK EHS:rja J:\WPD\MNRSVV\114\RESOL\29\1996\NOISE.FEE MAYOR 12 .,., ..:, ,. e:: .- e:., , '"' g: ~ ; .~ ... 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B 0 '. ~ r.a3 .II A ::r: ~ ts~ " .. : .,.." l l [- r t f l f t r L .-. EASTERN DUBLIN NOISE MITIGATION FEE STUDY CSA Project No. 96-010 e-' . Prepared for: Dennis H. Carrington, AICP Senior Planner City of Dublin P.O. Box 2340 Dublin, CA 94568 Frepared by: Eric L. Broadhurst, PE Senior Consultant 20 February 1996 EXHIBIT B e'- ,0 RE'S~1..u-rlO~ .: INTRODUCTION In compliance with the Eastern Dublin General Plan Amendment and Specific Plan EIR, the City of Dublin intends, by resolution, to set forth a Noise Mitigation Fee amount. The Noise Mitigation Fee will mitigate impacts identified in Impact 3.lO/B of the EIR. The fee amount will be adopted pursuant to Ordinance 1-95, which established the Noise Mitigation Fee. The City intends that the Noise Mitigation Fee be used to mitigate the cumulative impacts of exposure of existing residences to future roadway noise. BACKGROUND The Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (EIR) assessed the project's potential noise impacts~ The project would contribute cumulative . traffic-related noise impacts in the region. Impact 3.l0/B, "Exposure of Existing Residences to Future Roadway Noise," addressed the cumulative traffic-related noise impacts on existing residences along Fallon Road and Tassajara Road. It determined the cumulative noise impact of the Project to be significant. Mitigation Measure 3.10/7.0 would, if properly implemented, reduce cumulative noise impacts to a potentially significant level. Mitigation Measure 3.10/7.0 reads as follows: MM 3.10/7.0 . In order to mitigate this significant cumulative impact, the City should develop a noise mitigation fee to pay for the mitigating measures such as noise barriers, earthen berms, or retrofitting existing structure with sound-rated windows. The mitigation fee could be developed on a "dollars for decibels" basis. For example, if the future noise level is predicted Page 2 to increase by 4 dB, and the Project will contribute 2 dB, then the applicant should be responsible for 50 percent of the total cost of any off-site mitigation measures. e- This mitigation measure is designed especially to reduce cumulative impacts related to noise. This is an experimental concept which has been adopted by other jurisdictions in the Tri-Valley. The section of the EIR addressing Impact 3.10/B reads as follows: Noise 1M 3.10/B Exposure of Existing Residences to Future Roadway Noise The project would contribute to cumulative traffic-related noise impacts in the region. Each cumulative project may contribute one or two decibels to the overall noise level in the subregional area. This may typically be considered no impact since the increase is generally less than 3 dB. However, over the long term, the noise level increases in a substantial manner. This would be true along such roadways as Fallon and Tassajara Roads. Therefore, the noise impact of the Project is considered a significant cumulative impact. e\ SUMMARY This report summarizes the results of the traffic noise mitigation analysis for existing residences in the Eastern Dublin Specific Plan area as required in the scope of work for this study. The Specific Plan will provide for the establishment of Single Family, Medium Density, Medium- High Density, and High Density residential uses, and General Commercial, Neighborhood Commercial, Campus Office, and Industrial Park uses in the study area. To improve access to these developments, Tassajara Road will be widened and Fallon Road will be both widened and rerouted to intersect with Tassajara Road near the county line. e. .'. .. . Page 3 A survey was conducted of the existing homes within the study area along Fallon and Tassajara Roads. Thirteen homes were identified as being potentially impacted: twelve along Tassajara Road and one along Fallon Road. Of the thirteen homes, two were identified as being on property that would be crossed by the proposed Fallon Road reroute: 6815 and 6833 Tassajara Road, and therefore eliminated. Both indoor and outdoor acoustical measurements were conducted in the study area. A computer analysis was then perfonned of the existing and build-out noise levels to detennine the appropriate amount of noise reduction necessary. Construction of noise barriers, exterior facade modifications, and ventilation modifications were considered for specific residences. The total cost ofthe proposed mitigation was detennined. A methodology was then proposed for assigning mitigation costs to the various projects in the area based on the number of trips per day they generate. MITIGATION/COSTS SUMMARY . Six homes will need fences constructed around their outdoor use space. . One home will need a ventilation system added at certain second floor rooms. . It is estimated that the mitigation costs per impacted residence will range from $11,000 to $27,500. . Distribution of the noise mitigation costs among the various developers is proposed to be done on the basis of the number of trips per day generated by each type of residential and non- residential use. Page 4 · Since some of the homes in the study may be removed as part of the new development, mitigation should not be implemented until the traffic volumes on Tassajara Road increase to 2,000 p.m. trips per day. CRITERIA This study has noise criteria for both the indoors of residences and their outdoor use spaces. If the predicted future outdoor noise level exceeds DNV 60 dB, then noise mitigation must be considered. The goal of the mitigation is an outdoor DNL of 60 dB and an indoor DNL 45 dB. EXISTING AND FUTURE NOISE ENVIRONMENT The major existing noise source in the study area is vehicular traffic along Tassajara Road. Between 25 and 26 January 1996, we conducted a 24-hour noise measurement along Tassajara Road; we also conducted 10-minute indoor and outdoor noise measurements at 6960 Tassajara Road, and outdoor noise measurements at 6237 Tassajara Road. The purpose of the 24-hour measurement was to determine the existing noise level in the area; the purpose of the 10-minute measurements was to calculate the amount of outdoor-to-indoor noise reduction provided by the buildings, and calibrate our computer noise model. We measured a DNL of 71 dB at a distance of 25 feet from the roadway centerline. We also calculated that the building shell provided 20 dB of noise reduction with the windows closed, which is typical for a building of this type. I Readers not familiar with the fundamental concepts of environmental acoustics are referred to Appendix A e. .'. ., .:. e: . . e. e Page 5 Existing and future traffic noise levels for Tassajara and Fallon Roads were calculated using a computer program called SOUND32. 2 Traffic volumes, speeds, and estimated truck percentages used in the model were based on information supplied by the City, and are summarized in Appendix B. The data is for "Cumulative Build-out with Project." 3 Table 1 summarizes the existing and future noise levels at the residences in the study. The existing residences are located at distances from the roadway centerlines of 75 to 800 feet. ANAL YSISIRECOMMENDATIONS In general, barriers were used to reduce outdoor noise and first floor indoor noise to the project criteria; at second floors, where the barriers would not have an appreciable effect, window and/or ventilation modifications are recommended. Exterior In order to meet the project outdoor noise criterion of 60 dB DNL, it will be necessary to construct barriers around the outdoor use spaces of six homes. Table 1 summarizes the height requirements. The barrier may be an earthen berm, fence, or a combination of the two. For a fence to act as a noise barrier, it will need to be solid from top to bottom, have no cracks or gaps in its face, and have a surface density equal to or greater than that of 1-1/2 inch thick fence boards (e.g., 2x8 redwood). To avoid gaps in the face of wood fences, overlapping slats or a tongue-and-groove material should be used. 2 SQUND32 is a version of the Federal Highway Administration's Traffic Noise Prediction Model (FHWA RD-77-10B) that incorporates the California Vehicle Noise emission levels (CALVENO) curves. 3 .Cumulative Build-out with Projecr is one of the transportation scenarios evaluated in the Expected Land-Use section of the Tri-Valley Model. 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I i I ! ._~ HOME .: PROPOSED FENCE OUTDOOR USE SPACE ROADWAY FIGURE 1: TYPICAL PROPOSED FENCE LA YOUr ..~ C h 8 r I e s M S 8 It erA s S 0 C i 8 t e sin C 130 SUlIer Stree: San FrancIsco Call10rnla 94104 Tel: 4153970442 Fax: 415 397 0454 Page- 6 Interior .-" -' Residences typically reduce noise from outdoors to indoors by 15 dB with the windows open. Since the noise barriers are reducing the outdoor DNL to 60 dB or less, the fIrst floor rooms will not need any mitigation to meet the indoor noise criterion ofDNL 45 dB. However, the barriers do not have an appreciable effect on the noise level at the second floor elevation. Therefore, for residences where a sound barrier is necessary, second floor windows having a view of Tassajara Road will need to be closed to meet 45 dB DNL. This includes 6960 Tassajara Road. For this home, second floor rooms facing the roadway should be provided with a mechanical ventilation system. Implementation .' We understand that some of the homes surveyed as part of the study may be removed as part of the new development in the area. SignifIcant traffic noise increases will likely take several years to occur; at that time, some homes identifIed as being affected may have already been removed for new development. Therefore, you may want to delay implementing the mitigation until there is a noticeable increase in traffic noise. A practical way to determine this is through a combination of noise and traffic volume measurements. The mitigation should be implemented when the traffic volumes on Tassajara Road increase to 2,000 p.m. trips per day. COST ESTIMATE Saannan Construction has reviewed the proposed mitigation for the project to estimate the associated construction costs. Their estimates for the noise barriers and ventilation systems are . .' e. ...; Page 7 summarized in Table 1. The barrier lengths are estimated as shown in Figure 1 for a typical home. The ventilation system costs are for three 150 square foot rooms facing the roadway. In addition to the costs associated with construction are design costs necessary for site plans, architectural drawings, and structural calculations for the fences. Richard Avelar & Associates' estimate of the design cost is shown in Table 1. The estimates assume that each home's design work would be done individually. NOISE MITIGATION FEE In order to allocate the noise mitigation costs equitably among the various developments, a "dollars for decibels" system should be used. Since increases in noise are directly related to increases in traffic volume, the following procedure should be used: 1. Multiply the number of residential units or 1,000's of square feet of non- residential land uses by their Institute of Traffic Engineers (ITE) trip generation factor to determine the total number of trips per day each type of use will contribute to the total number of trips per day in the Eastern Dublin General Plan at buildout. 2. Sum the total number of trips per day each type of use will contribute to arrive at the total number of trips per day in the Eastern Dublin General Plan at buildout. 3. Divide the costs of mitigating noise impacts to existing residences in the Eastern Dublin Specific Plan and of administering the fee to arrive at the fee for each automobile trip generated. 4. Multiply the fee per trip generated times the number of trips each residential or non-residential land use unit generates to arrive at its respective fee per residential unit or 1000 square feet of non-residential uses. ELB/mac APPENDIX A . FUNDAMENTAL CONCEPTS OF ENVIRONMENTAL NOISE This section provides background information to aid in understanding the teclmical aspects of this report. Three dimensions of environmental noise are important in determining subjective response. These are: a) The intensity or level of the sound; b) The frequency spectrum of the sound; and c) The time-varying character of the sound. Airborne sound is. a rapid fluctuation of air pressure above and below atmospheric pressure. Sound levels are usually measured and expressed in decibels (dB), with 0 dB corresponding roughly to the threshold of hearing. The "frequency" of a sound refers to the number of complete pressure fluctuations per second in the sound. The unit of measurement is the cycle per second (cps) or hertz (Hz). Most of the sounds which we hear in the environment do not consist ofa single frequency, but ofa broad band of frequencies, differing in level. The name of the frequency and level content ofa sound is its sound spectrum. A sound spectrum for engineering pUIposes is typically described in terms of octave bands which separate the audible frequency range (for human beings, from about 20 to 20,000 Hz) into ten segments. .: Many rating methods have been devised to permit comparisons of sounds having quite different spectra. SUIprisingly, the simplest method correlates with human response practically as well as the more complex methods. This method consists of evaluating all of the frequencies of a sound in accordance with a weighting that progressively de-emphasizes the importance of frequency components below 1000 Hz and above 5000 Hz. This frequency weighting reflects the fact that human hearing is less sensitive at low frequencies and at extreme high frequencies relative to the mid-range. The weighting system described above is called "A"-weighting, and the level so measured is called the "A-weighted sound level" or "A-weighted noise level." The unit of A-weighted sound level is sometimes abbreviated "dBA." In practice, the sound level is conveniently measured using a sound level meter that includes an electrical filter corresponding to the A-weighting characteristic. All U.S. and international standard sound level meters include such a filter. Typical sound levels found in the environment and in industry are shown in Figure A-I. . .. .' .., . , Page 2 Although a single sound level value may adequately describe environmental noise at any instant in time, community noise levels vary continuously. Most environmental noise is a conglomeration of distant noise sources which results in a relatively steady background noise having no identifiable source. These distant sources may include traffic, wind in trees, industrial activities, etc. and are relatively constant from moment to moment. As natural forces change or as human activity follows its daily cycle, the sound level may vary slowly from hour to hour. Superimposed on this slowly varying background is a succession of identifiable noisy events of brief duration. These may include nearby activities such as single vehicle passbys, aircraft flyovers, etc. which cause the environmental noise level to vary from instant to instant. To describe the time-varying character of environmental noise, statistical noise descriptors were developed. "LIO" is the A-weighted sound level equaled or exceeded during 10 percent ofa stated time period. The LIO is considered a good measure of the maximum sound levels caused by discrete noise events. "LSO" is the A-weighted sound level that is equaled or exceeded 50 percent of a stated time period; it represents the median sound level. The "L90" is the A- weighted sound level equaled or exceeded during 90 percent of a stated time period and is used to describe the background noise. As it is often cumbersome to quantify the noise environment with a set of statistical descriptors, a single number called the average sound level or "Leq" is now widely used. The term "Leq" originated from the concept of a so-called ~uivalent sound level which contains the same acoustical energy as a varying sound level during the same time period. In simple but accurate technical language, the Leq is the average A-weighted sound level in a stated time period. The Leq is particularly useful in describing the subjective change in an environment where the source of noise remains the same but there is change in the level of activity. Widening roads and/or increasing traffic are examples of this kind of situation. In determining the daily measure of environmental noise, it is important to account for the different response of people to daytime and nighttime noise. During the nighttime, exterior background noise levels are generally lower than in the daytime; however, most household noise also decreases at night, thus exterior noise intrusions again become noticeable. Further, most people trying to sleep at night are more sensitive to noise. To account for human sensitivity to nighttime noise levels, a special descriptor was developed. The descriptor is called the DNL (Day/Night Average Sound Level) which represents the 24- hour average sound level with a penalty for noise occurring at night. The DNL computation divides the 24-hour day into two periods: daytime (7:00 am to 10:00 pm); and nighttime (10:00 pm to 7:00 am). The nighttime sound levels are assigned a 10 dB penalty prior to averaging with daytime hourly sound levels. For highway noise environments, the average noise level during the peak hour traffic volume is approximately equal to the DNL. Page 3 The effects of noise on people can be listed in three general categories: .:' a) Subjective effects of annoyance, nuisance, dissatisfaction; b) Interference with activities such as speech, sleep, and learning; and c) Physiological effects such as startle, hearing loss. The sound levels associated with environmental noise usually produce effects only in the first two categories. Unfortunately, there has never been a completely predictable measure for the subjective effects of noise nor of the corresponding reactions of annoyance and dissatisfaction. This is primarily because of the wide variation in individual thresholds of annoyance and habituation to noise over time. Thus, an important factor in assessing a person's subjective reaction is to compare the new noise environment to the existing noise environment. In general, the more a new noise exceeds the existing, the less acceptable the new noise will be judged. With regard to increases in noise level, knowledge of the following relationships will be helpful in understanding the quantitative sections of this report: a) Except in carefully controlled laboratory experiments, a change of only 1 dB in sound level cannot be perceived. b) Outside of the laboratory, a 3 dB change is considered ajust-noticeable difference. .'.: c) A change in level of at least 5 dB is required before any noticeable change in community response would be expected. d) A 10 dB change is subjectively heard as approximately a doubling in loudness, and would almost certainly cause an adverse community response. .: .. A- WEIGHTED SOUND PRESSURE LEVEL, IN DECIBELS . TYPICAL SOUND LEVELS .-MEASURED IN THE ENVIRONMENT AND INDUSTRY ...~ CIVIL DEFENSE SIREN (100') JET TAKEOFF (200') RIVETING MACHINE DIESEL BUS (15') BAY AREA RAPID TRANSIT TRAIN PASSBY (1 a') OFF HIGHWAY VEHICLE (50') PNEUMATIC DRILL (50') SF MUNI LIGHT-RAIL VEHICLE (35') FREIGHT CARS (100') VACUUM CLEANER (1 a') SPEECH (1') .-. AUTO TRAFFIC NEAR FREEWAY LARGE TRANSFORMER (200') AVERAGE RESIDENCE SOFT WHISPER (5') RUSTLING LEAVES THRESHOLD OF HEARING 140 130 120 110 100 90 80 70 60 50 40 30 20 10 0 THRESHOLD OF PAIN ROCK MUSIC BAND PILEDRIVER (50') AMBULANCE SIREN (100') BOILER ROOM PRINTING PRESS PLANT GARBAGE DISPOSAL IN THE HOME INSIDE SPORTS CAR, 50 MPH DATA PROCESSING CENTER DEPARTMENT STORE PRIVATE BUSINESS OFFICE LIGHT TRAFFIC (100') TYPICAL MINIMUM N.IGHTTIME LEVELS--RESIDENTIAL AREAS RECORDING STUDIO MOSQUITO .(3') (100') = DISTANCE IN FEET BETWEEN SOURCE AN D LI STEN ER FIGURE A-1 1107 c C h a r I 8 S M S a It erA s S 0 cia t 8 sin c 130 Sutler Street San FrancISCO Call1ornla 94104 lei: 415 3970442 Fax: 415 397 0454 APPENDIX B . The following table lists the traffic infonnation used in the detennination of existing and future DNL: A. Tassajara Road, North of Gleason Road Peak Hour Scenario V olume Speed Truck % Existing (Year 1995) 503 50 2 Cumulative Build-out with Project I (2010) 3,196 p.m. 45 4 B. Future Fallon Road Extension Scenario Peak Hour Volume Speed Truck % .' Cwnulative Build-out with Project (2010) 1,984 a.m. 35 2 "Cumulative Build-out with Project" is one of the transportation scenarios evaluated in the Expected Land-Use section of the Tri- Valley Model. This scenario includes full build-out of all approved development and all land uses included in adopted City General Plans. ..: Sheet1 .,NOISE MITIGATION FEE I I . .'.::ASTERN DUBLIN GENERAL PLAN CIRCULA TION FOR CHARGEABLE LAND USES I RESIDENTIAL UNITS TRIPS PER DAY DAILY FEE PER FEE PER FEE BY T PER UNIT TRIPS TRIP UNIT USE TYPE I Low Density .01-6.0 unit/ac. 3,916 10 39,160 0.474233 $4.74 $18,570.94 Medium Density 6.1-14.0 uniVac. 4,863 10 48,630 0.474233 $4.74 $23,061.93 Medium High Density 14.1-25.0 uniVac. 2,680 7 18,760 0.474233 $3.32 $8,896.60 High Density 25.1 + unit/ac. 2,447 6 14,682 0.474233 $2.85 $6,962.68 SUBTOTAL 13,906 121,232 $57,492.15 I NON-RESIDENTIAL SQ. FEET TRIPS PER DAY DAILY FEE PER FEE PER I PER 1000 sq.ft. TRIPS TRIP 1000sq.ft. - T Ger, "'~al Commercial 3,435,000 50 171,750 0.474233 $23.71 $81,449.43 Neighborhood Commercial 980,000 50 49,000 0.474233 $23.71 $23,237.39 Campus Office 3,952,000 15 59,280 0.474233 $7.11 $28,112.50 Industrial Park 1,370,000 5 6,850 0.474233 $2.37 $3,248.49 SUBTOTAL 9,737,000 286,880 $136,047.82 TOTAL T 408,112 $193,539.97 GRAND TOTAL $193,539.97 g:PA96007\FEECHT1 . EXHIBIT C 1"0 RoMe. L..l>-'T 'ON Page 1 5.112.010 Chapter 5.112 NOISE MmGATION FEE Sections: 5.112.010 5.112.020 Purpose. Noise mitigation fee established. Use of fee revenues. Developer construction of facilities. Admini~ration guidelines. 5.112.030 5.112.040 5.112.050 5.112.010 Purpose. In order to implement the goals and objectives of the city of Dublin's ("city") general plan and the Eastern Dublin specific plan and to mitigate the impacts caused by future development in the city, certain noise mitigation measures must be implemented. The City Council has determined that a noise mitigation fee is needed in order to implement these noise mitigation measures and to pay for each development's fair share of the implementation costs of the necessary noise mitigation measures. In establishing the fee described in the follow- ing sections, the City Council has found the fee to be consistent with its general plan and the above specific plan, and pursuant to Government Code Section 65913.2, has considered the effects of the fee with re- spect to the city's housing needs as estab- lished in the housing element of the general plan. (Ord. 1-95 ~ 1 (part)) 5.112.020 Noise mitigation fee established. A A noise mitigation fee ("fee") is established to pay for noise mitigation mea- sures necessary to mitigate cumulative im- (DubJi1l 5-9S) 216.12 pacts identified in the Eastern Dublin gener- al plan amendment and specific plan envi- ronmental impact report (SCH No. 91103064). B. The City Council shall, in a Council resolution or resolutions adopted after duly noticed public hearing, set forth the amount of the fee, describe the benefit and impact area on which the fee is imposed, list the noise mitigation measures to be financed, describe the estimated cost of these mea- sures, and describe the reasonable relation- ship between the fee and the various types of future developments and set forth time for payment. (Ord. 1-95 ~ 1 (part)) .' 5.112.030 Use of fee revenues. The revenues raised by payment of the fee shall be accounted for in the City's capital project fund ("fund"). Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These moneys shall be used for the follow- ing purposes: A. To pay for design, engineering, right- of-way acquisition and construction of noise mitigation measures designated in the Coun- cil resolution and reasonable costs of out- side consultant studies related thereto; B. To reimburse the city for designated noise mitigation measures constructed by the city with funds (other than gifts or grants) from other sources together with accrued interest; C. To reimburse developers who have designed and constructed designated noise mitigation measures which have a value in excess of the amount of the fee payable; andlor D. To pay for andlor reimburse costs of program development and ongoing adminis- .:., -.-e EXHIBIT B .': .:.- .-:- tration of the noise mitigation fee program. (Ord. 1-95 ~ 1 (part)) 5.112.040 Developer construction of facilities. If a developer is required, as a condition of approval of a pennit, to constIUct an improvement that has been designated to be financed with noise mitigation fees and if . the improvement has a value in excess of that needed to mitigate the impacts of the development, a reimbursement agreement with the developer and a credit against the fee otherwise levied by this chapter on the development project shall be offered by the city. The reimbursement amount shall not include the portion of the improvement needed to mitigate the burdens created by the development (Ord. 1-95 ~ 1 (part)) 5.112.050 Administration guidelines. The City Council may, by resolution, adopt 3r1ministrative guidelines to provide procedures for the calculation, reimburse- ment, credit or deferred payment and other administrative aspects of the noise mitiga- tion fee. (Ord. 1-95 ~ 1 (part)) 5.112.030 216-13 (DubIjo 5-9S) I I I I I I I I I I ~ D1Ihiia SP/GPA Em $.D CEQA - v.....!.'<<I ~ change. This impact remains a sismifica.nt cumulative imoact. .'. Noise 1M 3.10/B Exposure of Existing Residences to Future Roadway Noise The Project would contribute to cumulative traffic-related noise impacts in the region. Each cumulative project may contribute one or two decibels to the overall noise level in the subregional area. This may typically be considered no impact since the increase is generally less than 3 dB. However, over the long term, the noise level increases in a substantial manner. TIlls would be true along such roadways as Fallon and Tassajara road. Therefore, the noise impact of the Project is considered a sie:nificant cumulative imoact. Mitigation Measure of the EIR MM 3.1017.0 In order to mitigate this significant cumulatiye impact. the City Should deyelop a noise mitigation fee to pay for mitigating measures such as noise barders. earthen berms or retrofiIling existing structures with sound-rated windows. The mitigalion fee could be deyeloped on a "dollars for deciber basis. For example, if the future noise leyel is predicted to increase by 4 dB. and the Project will contribute 2 dB, then the applicant should be responsible for 50 percent of the total cost of any off-site mitigation measures. This mitigation measure is designed especially to reduce cumulative impacts related to noise. This is an experimental .concept which has been adopted by other jurisdictions in the Tri- Valley. Implementation of this mitigation measure would reduce cumulative noise impacts to a ootenriallv sie:nificant level. .' Air Quality 1M 3.11/ A Dust Deposition Soiling Nuisance from Construction Activity TIlls is a ootenriallv sili!Dificant cumulative imoact due to the non-attainment status of the air basin. Mitigation Measures of the EIR MM 3.111 J.O requires that a series of actions be taken by the City of Dublin to reduce dust deposition from construction activity. Even if the City implements MM 3.1111.0, cumulative PM-IO impacts will not be reduced to a level of insignificance because the non-attainment status of the air basin imposes a zero tolerance threshold for cumulative impacts for any non-attainment pollutants. This impact- will remain a ootentiallv sismificant cumulative imoact. 1M 3.11/B Construction Eqllipmcnt/V chicle Emissions This is a ootentiallv sismificant cumulative imoact due to the non-attainment status of the air basin. Mitigation Measures of the EIR MM 3.))12.0 through MM 3.))14.0 propose measures to reduce emissions related to construction operations. e: 5.0-13 EXHIBITC 381