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HomeMy WebLinkAbout6.5 PinnBros PD Prezon CITY CLERK 600-30 & 620-20 AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 17, 2002 SUBJECT: PUBLIC HEARING PA 02-024 Pinn Brothers Construction, Inc., Silveria/Haight/Nielsen Properties - Planned Development Prezoning (Stage 1 Development Plan), Pre-Annexation Agreement, and Resolution for Reorganization Application to the Local Agency Formation Commission (LAFCo) Prepared by Janet Harbin, Senior Planner ATTACHMENTS: 1. Resolution Making Findings Related to the PD-Prezoning and Stage 1 Development Plan 2. Ordinance adopting a Planned Development (PD) Rezoning and Stage 1 Development Plan (with the following Exhibits attached: Exhibit A -1, Prezoning; and, Exhibit A-2, Stage 1 Development Plan) 3. Resolution Approving Pre-Annexation Agreement (with Pre- Annexation Agreement with Pinn Brothers Construction, Inc., Silveria Ranch L.L.C., and Albert Haight Living Trust, attached as Exhibit A) 4. Resolution directing Staff to file an application with the Local Agency Formation Commission (LAFCo) for Reorganization 5.Pinn Brothers Construction, Inc. Stage 1 Development Plan Submittal 6.Initial Study 7. Planning Commission Staff Report and Minutes for July 9, 2002 8..Planning Commission Resolution 02-28 BACKGROUND ATTACHMENTS (by Reference): 9. Dublin General Plan 10. Eastern Dublin Specific Plan Map 11. Eastern Dublin Scenic Corridor Policies and Standards 12. EIR for Eastern Dublin Specific Plan and General Plan Amendment (including Addendum date May 4, 1993) SCH# 91103064; and Addendum dated August 22, 1994 13. City Council Resolution Certifying Eastern Dublin Specific Plan and General Plan Amendment Program EIR (Resolution #51-93) 14. City Council Resolution adopting Eastern Dublin Specific Plan and General Plan Amendment; adopting findings and approving overriding considerations; and adopting Mitigation Monitoring Program ("Matrix") for EDSP EIR (Resolution #53-93) 15. Mitigation Monitoring Program ("Matrix") for EDSP EIR COPIES TO: Applicant Property Owner PA File Project Manager ITEM NO. RECOMMENDATION: 1. Open public hearing and hear Staff presentation. 2. Question Staff, Applicant and the public. 3. Close public hearing and deliberate. 4. Waive the Reading and Introduce Ordinance (Attachment 2) approving a Planned Development (PD) Prezoning and Stage 1 Development Plan (with the following Exhibits attached: Exhibit A-l, Prezoning, and EXhibit A-2, Stage 1 Development Plan) 5. Adopt Resolution (Attachment 3) approving the Pre-Annexation Agreement (with Pre-Annexation Agreement with Pinn Brothers Construction, Inc., Silveria Ranch L.L.C., and Albert Haight Living  Trust, attached as Exhibit A) 6. Adopt a Resolution (Attachment 4) directing Staff to file an application with the Local Agency Formation Commission (LAFCo) for Reorganization pROJECT DESCRIPTION: The proposed project consists of a Planned Development Prezoning, Stage 1 Development Plan (see Attachment 2, Exhibits A-1 and A-2), for 259 multi-family and single-family homes on approximately 107.7 acres on the Silveria, Haight and Nielsen properties located south and east of the proposed intersection of Tassajara Road and Fallon Road. Development is proposed only for the Haight and Silveria properties under the development plan. The Nielsen property has one dwelling unit and no further development is proposed on the property. The project is proposed by Pinn Brothers Construction, Inc. and also requires approval of a Pre-Annexation Agreement (Attachment 3, Exhibit A) and an application to the Local Agency Formation Commission (LAFCo) for reorganization (see Resolution in Attachment 4) to facilitate annexation to the City. The Nielsen property, although it is not proposed for development at this time, is being included in the annexation request to avoid the creation of a county island. An additional two acres of land for the right-of-way for the future roadway alignment of Tassajara Road is included in the total acreage for the annexation request. The following table beloTM list the properties within the project area and includes information on ownership, acreages, and if the property owner is consenting to the annexation: Assessor Parcel No. Property Owner Area Consent to Annexation ? 985-0002-008-02 Silveria Ranch L.L.C. 91.04 Yes 985-0002-007-01 Haight Trust 2.42 Yes 985-0002-009-00 Robert Nielsen, Jr. 10.0 No Under the Cortese-Knox-Hertzberg Local Government Reorganization Act which establishes procedures for annexations by local agencies, the City must "prezone" a property to be annexed to an appropriate zoning district that will enable future implementation of a development plan. As these properties are within the Eastern Dublin Specific Plan area, the appropriate zoning district to be applied to the land is a Planned Development District. Planning Commission Action: On July 10, 2001, the Planning Commission considered a proposal for a Planned Development Prezoning and Stage 1 Development Plan for the subject properties and recommended the project to the City Council for approval. At that time, the project proponent was SummerHill Homes and 230 single-family dwelling units were proposed for development on the properties. Prior to City Council consideration of the prezoning and annexation agreement request, SummerHill Homes withdrew the proposed project. Pinn Brothers Construction, Inc. now has an oPtion On the properties and is proposing a similar development project with changes to the residential density mix and slight increase to the total number of units. The proposal remains consistent with the General Plan and Specific Plan land use designations and density ranges for the site. As it has been a year since the Planning Commission recommended the original proposal for the properties to the City Council and the project proponent has changed, the Planning Commission reconsidered the Pinn Brothers' proposal on July 9, 2002, and recommended it to the City Council for approval (see Attachment 7, Planning Commission Staff Report and Minutes for July 9, 2002, and Attachment 8, Planning Commission Resolution 02-28). REORGANIZATION The project site is currently within unincorporated portion of Alameda County. In order for the project to come under the jurisdiction of the City of Dublin, and to receive urban services from the Dublin San Ramon SerVices District (DSRSD), annexation of the site to the City and to DSRSD must be approved by the Alameda County Local Agency Formation Commission (LAFCo), which is a State mandated local agency that oversees boundary changes to cities and special districts, the formation of new agencies including incorporation of new cities, and the consolidation of existing agencies. State law requires that a city prezone an area proposed for annexation, and that prezoning must be consistent with the approved General Plan and Specific Plan uses for the property. The Planned Development (PD) Prezoning and Stage 1 Development Plan proposed for the Pinn Brothers' project would address this requirement, and would establish the appropriate land uses to be in effect at the time the project site becomes a part of the City. The land uses proposed are discussed below. Alameda County LAFCo has established spheres-of influence for the City and DSRSD. A "Sphere of Influence" is the probable physical boundary and service area that a local governmental agency is expected to serve in the future. Establishment of this boundary is necessary to determine which governmental agencies can provide services in the most efficient way to the people and property in any given area. The entire Project area is within the sphere of influence of Dublin and has been since LAFCo originally established the eastern sphere of influence boundary for the City in 1983. The project area is also with the sphere of influence for DSRSD, and the district has agreed to serve the project area with water, recycled water and wastewater services. Some infrastructure would need to be extended from Tassajara Road (south of existing city limits) to service the project area. Capacity to provide all services to the annexation area either currently exists, is scheduled through contract to be provided in the future, or will be available as soon as funding from the developer is provided. The proposed annexation is appropriate, as it implements Dublin's extensive planning for the area, is contiguous with the Dublin City limits, and would proVide for the logical and orderly extension of urban services to the eastern portion of Dublin. The property immediately to the south of the project area, the Quarry Lane School property, was annexed into the City in 2000, and the design of the exPanded school facility is currently undergoing Site Development Review. PLANNED DEVELOPMENT Stage 1 Development Plan. A Stage 1 Development Plan is intended to: A. Establish a Planned Development Zoning District through which one or more properties are planned as a unit with development standards tailored to the site. B. Provide maximum flexibility and diversification in the development of property. C. Maintain consistency with, and implement the provisions of, the Dublin General Plan and applicable Specific Plans.. D. Protect the integrity and character of both residential and non-residential areas of the City. E. Encourage efficient use of land for preservation of sensitive environmental areas such as open space areas and topographic features. F. Provide for effective development of public facilities and services for the site. 3 G. Encourage use of design features to achieve development that is compatible with the area. H. Allow for creative and imaginative design that will promote amenities beyond those expected in conventional developments. Silveria~I-Iaight~lielsen Properties (Pinn Brothers) Stage 1 Development Plan. The proposed Stage 1 Development Plan consists of the following items: 1. Zoning 2. Statement of proposed uses. 3. Stage 1 Site Plan. 4. Site area, proposed densities, size, area, and Phasing Plan 5. Master Neighborhood Landscaping Plan (Conceptual Landscape Plan). 6. General Plan consistency. 7. Inclusionary Zoning Regulations. 8. Diagram 9. Aerial Photo. This report briefly analyzes each item of the Stage 1 Development Plan as follows: Zoning. The project is divided into two phases: The first phase consists of approximately 209 Medium High (14.1 - 25 units per acre) and Medium Density Residential (6.1 - 14 units per acre) dwelling units south of Fallon Road on approximately 33 acres and one existing rural residence on the Nielsen property. The second phase of development consists of approximately 50 Single Family Residential (0.9 - 6 units per acre) dwelling units on approximately 59 acres north of Fallon Road. The remaining acreage on the properties would remain undeveloped and rural in character. These phases would be developed after Zone 3 water becomes available (see page 20 of the Stage 1 Development Plan Submittal, Attachment 5). Both phases of the project will be designated Planned Development (PD) District- Residential. Except as spe. cifically modified by the provisions of this PD District/Stage 1 Development Plan, the use, development, improvement and maintenance of property within this PD District shall be subject to the provisions of the City of Dublin Zoning Ordinance. Development under the proposed PD prezoning and Stage 1 Development Plan would consist of the land uses specified in the current City of Dublin General Plan and Eastern Dublin Specific Plan. The uses would include a mix of residential densities, open spaces, roadways and similar land uses. A Planned Development (PD) Prezoning has been prepared for the subject property to establish regulations for future use. The proposed land uses are as shown on the Exhibit, labeled Exhibit A-2 of Attachment 2. The proposed land uses are consistent with the Eastern Dublin Specific Plan and General Plan. The draft PD District provisions are contained in the Stage 1 Development Plan (see Exhibit A-2 to Attachment 2) and specify the intent, intensity of use, and permitted and conditional uses of the land u~e designations in accordance with the Specific Plan and General Plan. As required by the Dublin Zoning Ordinance, the Stage 1 Development Plan includes the maximum number of residential units and non-residential square footages (see Exhibit A-2 to Attachment 2). Any future development on the Project site shall conform to the policies and intent of the Eastern Dublin Specific Plan including the design guidelines. No development may occur until a Stage 2 Development Plan is adopted by the City identifying regulations for the improvement and maintenance of the property in accordance with Dublin's Zoning Ordinance. Lot Coverage. The Zoning Ordinance permits a maximum lot coverage of 35% for two-story dwellings and 40% for single-story dwellings. The actually lot coverage of the dwelling units within the project will be reviewed at the Stage 2 Development Plan to determine if the units meet the established criteria. If the Applicant/Developer proposes a higher lot coverage ratio, the City Council may determine at that time whether it is appropriate for the development. 4 ' Statement of Proposed Uses. Both phases of the project permit development of residential dwelling units. During Phase 1, residential units of varying densities would be developed. When the extension of water service infrastructure for Zone 3 becomes available, Phase 2 of the development plan would allow construction of single-family residential units. No other uses would be permitted in either phase. Inclusionary Zoning Regulations. In accordance with City policy, the ApPlicant will comply with the Inclusionary Zoning Ordinance and any City Council Resolution relating to that ordinance in effect at the time of the issuance of the first building permit for this project. The regulations recently adopted by the City Council require new residential projects to provide 12.5% of the total number of dwelling units with the development as affordable units. The City Council may authorize that fees in-lieu of construction can be paid for 40% of the required units. The applicant has stated that their plan is to provide 26 affordable units within the Medium High Density (multi-family) residential area, which is 9.9% of the total number or units within the project area. The applicant proposes to meet the remaining percentage of the affordable housing requirement through the payment of in-lieu fees. Staff has informed the applicant that these affordable housing units should be spread throughout the proposed development and in all density ranges. However, the applicant believes that it would be difficult to develop an affordable housing product type for the Medium Density and single-Family Residential areas that would be compatible with the character of these areas. This issue will be further addressed at the Stage 2 Development Plan phase, and the City Council may determine how the applicant will be required to meet the affordable housing need at that time. Consistency with General Plan. The proposed development is consistent with the Dublin General Plan and the Eastern Dublin Specific Plan. The project proposes 259 dwelling units, which is within the overall range of 226 to 470 dwelling units allowed by the plan designations on the property. The following table summarizes the General Plan land use designations and permitted density ranges, the range in number of units allowed by the East Dublin Specific Plan, and the number of multi-family and single-family dwelling units being proposed for each plan designation by the proposed project: GENERAL PLAN LAND USE PROPOSED PROPOSED PROPOSED EAST DESIGNATION DENSITY (Average ACREAGE ± NUMBER DUBLIN dwelling units per OF UNITS SPECIFIC acre) PLAN (Allowed Units) Rural Residential (1 du/100 acre) .02 52.7 0 1 Rural Residential (1 du/100 acre) .10 10.0 1 1 (Existing) Single Family Residential 3.9 12.8 50 7 (0-6 du/acre) Medium Density Residential 6.7 16.7 112 135-309 (6-14 du/acre) Medium High Density 15.0 6.4 96 82-152 Residential (14-25 du/acre) Tassajara Road/Fallon Road 0 9.1 N/A N/A R.O.W I'OTAL NEW UNITS 107.7 259 226-470 ENVIRONMENTAL ANALYSIS: This project is within the Dublin General Plan's Eastern Extended Planning Area and the Eastern Dublin Specific Plan area, which was the subject of an Environmental Impact Report, certified by the City of Dublin in 1993 including revisions to Part I of the Responses to Comments relating to the Kit Fox, and 5 Addendum to the DEIR dated May 4, 1993 and a DKS Associates Traffic Study dated December 15, 1992 (SCH#91103064) (see Background 12). The General Plan/Specific Plan EIR is a program EIR, which anticipated several subsequent actions related to future development in Eastern Dublin. The EIR did identify some impacts from implementation of the General Plan/Specific Plan that were not able to be mitigated. Upon certification of the EIR, the City adopted a statement of overriding considerations for such impacts. The City also adopted a mitigation-monitoring program, which included numeroUs measures intended to reduce impacts from the development of the Eastern Dublin area. Government Code section 65457 provides that any residential project that is consistent with a specific plan for which an EIR has been certified is exempt from CEQA, unless a supplemental EIR is required. The City prepared an Initial Study, dated June 12, 2001 and revised on June 28, 2002, for the project, to determine whether there will be supplemental environmental impacts occurring as a result of this project beyond or different from those already addressed in the Program EIR (see Initial Study, Attachment 3). This Initial Study has resulted in the conclusion that the proposed project could not have a significant effect on the environment. Zander Associates conducted reconnaissance-level surveys for biological resources of the subject properties in March 1999, February 2000 and February 2001. Those studies confirmed that the description of biological resources on the property provided in the Program EIR accurately represents the existing conditions and no habitat areas exist on the site for the red-legged frog, tiger salamander, San Joaquin kit fox, or the golden eagle. Additionally, a follow-up survey to determine the likelihood of red- legged frog dispersion habitat on the properties was completed in June 2002 and found that such habitat does not exist on these properties. A Negative Declaration will not be prepared because the environmental impacts of this project were fully addressed by the Final EIR for the Eastern Dublin General Plan Amendment, Specific Plan and addenda. No significant new information has arisen for this project during the preparation of this Initial Study that would require further environmental review. CONCLUSION: This application has been reviewed by the applicable City Departments and agencies, and their comments have been incorporated into the Planned Development prezoning and Stage 1 Development Plan. The proposed project is consistent with the Dublin General Plan, Eastern Dublin Specific Plan, and represents an appropriate project for the site. RECOMMENDATION: Staff recommends the City Council: 1) open public hearing and hear Staff presentation; 2) question Staff, Applicant and the public; 3) close public hearing and deliberate; 4) waive the Reading and Introduce Ordinance (Attachment 2) approving a Planned Development (PD) Prezoning and Stage 1 Development Plan (with the following Exhibits attached: Exhibit A-l, Prezoning, and Exhibit A-2, Stage 1 Development Plan); 5) adopt Resolution (Attachment 3) approving the Pre-Annexation Agreement (with Pre-Annexation Agreement with Pinn Brothers Construction, Inc., Silveria Ranch L.L.C., and Albert Haight Living Trust, attached as Exhibit A); 6) adopt a Resolution (Attachment 4) directing Staff to file an application with the Alameda County Local Agency Formation Commission (LAFCo) for Reorganization 6 RESOLUTION NO. XX-02 //~/~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN A RESOLUTION MAKING FINDINGS RELATED TO THE PLANNED DEVELOPMENT (PD) PREZONING AND RELATED STAGE 1 DEVELOPMENT PLAN FOR THE PINN BROTHERS CONSTRUCTION, INC./SILVERIA, HAIGHT, AND NIELSEN PROPERTIES ON 107.7 ACRES EAST OF TASSAJARA ROAD AT THE INTERSECTION OF FALLON ROAD PA 02-024 WHEREAS, Pinn Brothers Construction, Inc. has requested approval of a Planned Development Prezoning and Stage 1 Development Plan for PA 02-024, the Pinn Brothers Construction, Inc., Silveria/Haight/Nielsen Properties project on approximately 107.7 acres generally located in an unincorporated area of Alameda County bounded by Tassajara Road to the west and the intersection of Fallon Road to the north and south and encompassing 3 properties and the contiguous right-of-way known as Tassajara Road, located north of the current City Limits and within the Eastern Dublin Specific Plan area (APNs: 985-0002-008-02, 985-0002-007-02, 985-0002-009) for development of an approximately 259 dwelling unit residential development, in the Eastern Dublin Specific Plan; and WHEREAS, the City Council did approve the Mitigated Negative Declaration and Mitigation Monitoring Program (Resolution 00-06) and the related General Plan Amendment and Specific Plan Amendment (Resolution 00-07) for the Eastern Dublin Specific Plan; and WHEREAS, Applicant/Developer has submitted a complete application for a Stage 1 Planned Development Prezoning and Development Plan dated June 14, 2002, as required by Section 8.32 of the Zoning Ordinance, which is available and on file in the Community Development Department, Planning Division; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), residential projects that are consistent with a specific plan for which an EIR has been certified are exempt from CEQA unless a supplemental EIR is otherwise required by CEQA (See Government Code section 65457). To determine if there were any supplemental impacts that would require the preparation of a supplemental EIR, the City prepared an Initial Study for the project in June 2001 and updated the Initial Study on June 28, 2002, The Initial Study found that the environmental impacts of this project were addressed by the Final Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan (SCH#91-1'03064) and addenda (Resolution 00-06); and WHEREAS, the Planning Commission held a public hearing on said application on July 9, 2002; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of the Stage 1 Planned Development Prezoning and Development Plan for PA 02-024 and adopted Resolution No. 02-28 recommending that the City Council approve a Planned Development Prezoning and Stage 1 Development Plan for PA 02-024; and ATTACHMENT 1 " WHEREAS, the Planning Commissi°n did hear and use 'their independent jUdgment and a~' ~/'~p considered all said reports, recommendations, and testimony hereinabove set forth; and WHEREAS, a properly noticed public hearing was held by the City Council on September 17, 2002; and WHEREAS, a Staff Report was' submitted recommending that the City Council approve the applications and the City Council heard and considered all said reports, recommendations and testimony hereinabove set forth prior to taking action on the proposed Planned Development Prezoning/Stage 1 Development Plan. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin City Council does hereby make the following findings and determinations regarding approval of the said proposed Planned Development Prezoning/Stage 1 Development Plan for PA 02-024: 1. The proposed Stage 1 Planned Development and Development Plan meets the intent and purpose of Chapter 8.32 of the Zoning Ordinance because it provides a Stage 1 Development Plan for the project for the Pinn Brothers Construction, Inc., Silveria/Haight/Nielsen Properties project (PA 02-024) that will create a desirable use of land and an environment that will be harmonious and compatible with existing and potential development in surrounding areas and because the site plan has been designed to be compatible with other proposed and approved plans in the vicinity. 2. The project site is physically suitable for type and intensity of this residential project in that it is intended to conform with the City policies related to hillside development and to be designed to minimally effect the existing topography and terrain of the site; has adequate access; and, is of a sufficient size to provide housing as well as open space for the future residents of the project. 3. The proposed Planned Development Prezoning and Stage 1 Development Plan for the project will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety or welfare because the Stage 1 Development Plan for the project has been designed in accordance with the City of Dublin General Plan, Eastern Dublin Specific Plan and Program EIR and Addenda. Additionally, project specific analysis has determined that the project's design is sensitive to biological features onsite and to surrounding land uses. 4. The proposed Planned Development Prezoning and Stage 1 Development Plan for the' project is consistent with all elements and policies of the Dublin General Plan and the Eastern Dublin Specific Plan because the project is within, and is consistent with, the total number of units allowed within the density range of the Rural Residential, Single Family, Medium Density Residential and Medium-High Density Residential designations of both the City of Dublin General Plan Land Use Element and Eastern Dublin Specific Plan (as amended), and because it conforms to the elements and policies of those plans through the provision of open space and wildlife habitat protection required by the Land Use, Parks and Open Space and Conservation Elements, roadways consistent with the Circulation Element, adequate public facilities as required by the Schools, Public Lands and Utilities Element, Housing as desired by the Housing Element, and safe design as required by the Seismic Safety and Safety Element. ' 5. The Stage 1 planned DevelOpment Prezoning and Development Plan is consistent with ~ d//045 Chapter 8.32 of the City's Zoning Ordinance because the Stage 1 Development Plan for the project establishes permitted uses which will ensure that the project is compatible with existing and proposed residential and public uses in the immediate vicinity; and 6. The Stage 1 Planned Development Prezoning and Development Plan will provide efficient use of the land pursuant to the Eastern Dublin Specific Plan that includes the preservation of significant open areas and natural and topographic landscape features with minimum alteration of natural land forms; and 7. The Stage 1 Planned DevelOpment Prezoning and Development Plan will not overburden public services as all agencies must commit to the availability of public services prior to the issuance of building permits as required by the Eastern Dublin Specific Plan policies and mitigation measures; and 8. The adopted Eastern Dublin Specific Plan Mitigation Monitoring Program serves as the reporting and monitoring program required by Public Resources Code Section 21081.6 for the Project. BE IT FURTHER RESOLVED THAT the Dublin City Council does hereby adopt an Ordinance approving a Stage 1 Planned Development Prezoning and Stage 1 Development Plan for the project (PA 02-024, Pinn Brothers Construction, Inc.-Silveria/Haight/Nielsen Properties) as set forth in Attachment 2 of the Staff report and attached hereto, dated September 17, 2002, which constitutes regulations for the use, improvement, and maintenance of the property. The Ordinance shall take effect and be enforced upon the effective date of the annexation, and the approval of the pre-zoning shall be valid for two years from the date of approval. PASSED, APPROVED AND ADOPTED this 17th day of September 2002. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:\02024\CC-ResoPDl.doc ORDINANCE NO. XX-02 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING MAP TO PREZONE PROPERTY AND APPROVING A RELATED STAGE 1 DEVELOPMENT PLAN FOR 107.7 ACRES WEST OF TASSAJARA ROAD AND AT THE INTERSECTION OF FALLON ROAD PA 02-024 The Dublin City Council does ordain as follows: SECTION 1: Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to prezone the following property ("the Property") to a Planned Development Zoning District: Approximately 107.7 acres generally located in an unincorporated area of Alameda County bounded by Tassajara Road to the west and at the intersection of Fallon Road to the north and south and encompassing 3 properties and the contiguous right-of-way known as Tassajara Road, located north of the current City Limits and within the Eastern Dublin Specific Plan area (APNs: 985-0002-008-02, 985-0002-007-02, 985-0002-009). A map of the prezoning area is shown below: MI,~SION PEAK HOMES NiEi. SENI~~ L ! N G£EASON ORtYE ~ DUBLIN BLVD, - SECTION 2. The regulations of the use, development, improvement, and maintenance of the Property are set forth in the Prezoning and Stage 1 Development Plan for the Project Area (Exhibits A-1 & A-2, hereto) which are hereby approved. Any amendments to the Stage 1 Development Plan shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. SECTION 3. No development shall occur on this property until a Stage 2 Development Plan has been adopted by the ,City. Except as provided in the Stage I Development Plan, the use, development, improvement and maintenance of the Property shall be governed by the provisions of the Dublin Zoning Ordinance. SECTION 4. The goals and policies of the Eastern Dublin Specific Plan require annexation and new development to be revenue neutral. Prior to the submittal of the annexation request to the Alameda County Local Agency Formation Commission (LAFCo), at least one, or more, property owner(s) within the annexation area will be required to enter into a pre- annexation agreement with the City. The agreement will assure that the financing goals and policies of the Specific Plan are met. SECTION 5. This Ordinance shall take effect and be enforced upon the effective date of the annexation, and the approval of the pre-zoning shall be valid for two years from the date of approval. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED BY the City Council of the City °f Dublin, on this 17th day of September 2002, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: ATTACHMENT 2 City Clerk G:\PA#\2000\00-025\CC Staff Report tu~d Reso-March 02\PDord.mar28.doc ATTACHMENT 2 pREzoNING STAGE 1 DEVELOPMENT PLAN PINN BROTHERS CONSTRUCTION, INC./SILVERIA, HAIGHT, AND NIELSEN PROPERTIES (PA 02-024) This is a Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for the Pinn Brothers Construction, Inc./Silveria, Haight, And Nielsen Properties project, generally located in an unincorporated area of Alameda County bounded by Tassajara Road to the west and at the intersection of Fallon Road to the north and south and encompassing 3 properties and the contiguous right-of-way known as Tassajara Road, located north of the current City Limits and within the Eastern Dublin Specific Plan area (APNs: 985-0002-008-02, 985- 0002-007-02, 985-0002-009). This Development Plan meets all of the requirements for Stage 1 review of the project. This Development Plan is also represented by the Aerial Photo, Stage 1 Site Plan, Stage 1 Phasing Plan, Conceptual Landscape Plan, Land Use Summary Table, and Street Sections sheets dated June 14, 2002 labeled Exhibit A-2 to the Ordinance approving this Development Plan (City Council Ordinance No. 02 - ), and on file in the Planning Department. The Planned Development District allows the flexibility needed to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan, Eastern Dublin Specific Plan, and provisions of Section 8.32 of the Zoning Ordinance are satisfied. 1. Zoning: This PD Planned Development Zoning District is to provide for and regulate the development of the Pinn Brothers Construction, Inc./Silveria, Haight, And Nielsen Properties as shown on Exhibit A-2. (General Plan land use designations include: Rural Residential/Agriculture, Single Family Residential, Medium Density Residential, and Medium-High Density Residential). 2. Permitted Uses: The following are uses permitted for this site: A) PD Rural Residential/Agricultural Intent: Rural residential Agriculture land use designations are established to accommodate agricultural activities and other open space uses, such as range and watershed management. They are also established to provide space for and encourage such uses in places where more intensive development is not desirable or necessary for the general welfare. Intensity of Use: .01 dwelling unit per acre Permitted Uses: Agricultural Accessory Use- Office Animal Keeping- Residential Community Care Facility- Small 1 Exhibit A-1 Mobile Home Single Family Residence Small Family Day Care Home Conditional Uses: Agricultural Housing Agricultural Processing Animal Keeping- Agricultural Animal Keeping- Commercial Animal Sales and Services Bed and Breakfast Inn Bird Keeping- Commercial Caretaker Residence Community Facility Crop Production Farm Mobile Home Horse Keeping Horse Stable/Riding Academy Home Occupation Large Family Day Care Home Plant Nursery Recreational Facility- Outdoor Temporary Uses: Temporary Construction Trailer Temporary Mobile Home/Manufactured HOme Arts and Crafts Fair Festival Street Fair Accessory Uses: All Accessory Uses shall be in accordance with Section $.40. of the Dublin Zoning Ordinance B) PD Single Family Residential Intent: Single Family land use designations are established to: a) reserve appropriately located areas for family living at reasonable population densities consistent with sound standards of public health and safety; b) ensure adequate light, air, privacy and open space for each dwelling; c) provide space for semi-public facilities needed to complement urban residential areas and for institutions that require a residential environment; and d) accommodate single family, housing, including a wide range of units from small-lot and zero-lot line units to large lot estate units. 2 Exhibit A-1 Intensity of Use: .9 - 6.0 dwelling units per acre Permitted Uses: Active adult community Community care facility/small (permitted if required by law, otherwise as conditional use) Home occupation in accordance with Chapter 8.64 of the Dublin Zoning Ordinance Private recreation facility (for homeowners' association and/or tenant use only) Single family dwelling Small family day care home Conditional Uses: Active Adult/Senior community w/group services (centralized meal service, group activities, etc.) Ambulance service Bed and breakfast inn Day care center Large family day care home Parking lot - residential Religious facility Second unit, temporary mobile home or permanent structure School/private Second unit in accordance with Dublin Zoning Ordinance Temporary Uses: Temporary construction trailer Tract and sales office/model home complex Accessory Uses: All Accessory Uses shall be in accordance with Section 8.40. of the Dublin Zoning Ordinance C) PD Medium Density Residential Intent: Medium Density land use designations are established to: a) reserve appropriately located areas for family living in a variety of types of dwellings at a reasonable range of population densities consistent with sound standards of public health and safety; b) preserve as many as possible of the desirable characteristics of the one-family residential district while permitting higher population densities; c) ensure adequate light, air, privacy and open space for each dwelling unit; d) minimize traffic congestion and 3 Exhibit A-1 avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them; e) provide necessary space for off-street parking of automobiles and, where appropriate, for off- street loading of trucks; and f) protect residential properties from the hazards, noise and congestion created by commercial and industrial traffic. Intensity: 6.1 - 14.0 dwelling units per acre Permitted Uses: Community 'care facility/small (permitted if required by law, otherwise as conditional use) Home occupations (per Chapter 8.64 of the Dublin Zoning Ordinance) Multi-family dwelling Private recreation facility (for homeowners' association and/or tenants use only) Single family dwelling Small family day care home Conditional Uses: Active Adult/Senior community with group and life care services Bed and breakfast inn Boarding house Day care center Large family day care home Parking lot - residential Religious facility School/private Community center Accessory Uses: All Accessory Uses shall be in accordance with Section 8.40. of the Dublin Zoning Ordinance Temporary Uses: Temporary construction trailer Tract and sales office/model home complex D) PD Medium-High Density Residential Intent: Medium High Density land use designations are established to: a) reserve appropriately located areas for family living in a variety of types of 4 Exhibit A-1 dwellings at a reasonable range of population densities consistent with sound standards of public health and safety; b) preserve as many as possible of the desirable characteristics of the one-family residential district while permitting higher population densities; c) ensure adequate light, air, privacy and open space for each dwelling unit; d) minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive six in relation to the land around them; e) provide necessary space for off-street parking of automobiles and, where appropriate, for off- street loading of trucks; and f) protect residential properties from the hazards, noise and congestion created by commercial and industrial traffic. Intensity of Use: 14.1 - 25.0 dwelling units per acre Permitted Uses: Community care facility/small (permitted if required by law, otherwise as conditional use) Home occupations (per Chapter 8.64) Multi-family dwelling Private recreation facility (for homeowners' association and/or tenants use only) Small family' day care home Conditional Uses: Active Adult/Senior community with group and life care services Bed and breakfast inn Boarding house Community care facility/large Day Care center Large family day care home Parking lot - residential Religious facility School/private Accessory Uses: All Accessory Uses shall be in accordance with Section 8.40. of the Dublin Zoning Ordinance Temporary Uses: Sales office/model home complex Temporary construction trailer Arts and Crafts Fair 5 Exhibit A-1 E) Existing Agricultural and Residential Uses Intent: To allow all existing residential and agricultural uses that were in existence prior to the effective date of annexation. These uses shall be allowed to continue until such time the landowner of this property applies for a Specific Plan as applicable, and Stage 2 Development Plan in accordance with Section 8.32 of the Dublin Zoning Ordinance, to develop the property. Any minor expansion of any existing uses shall be subject to review and approval by the Director of Community Development. Permitted Uses: Existing residential and agricultural uses in effect prior to the effective date of annexation Similar and related uses (to the existing residential and agricultural uses) shall be determined by the Director of Community Development 3. Dublin Zoning Ordinance - Applicable Requirements: Except as specifically modified by the provisions of this Planned Development District Prezoning/Development Plan, all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this Planned Development District Prezoning. 4. Phasing Plan. Refer to Exhibit A-2, Stage 1 Development Plan, Phasing Plan. 5. Landscaping Plan. Refer to Exhibit A-2, Stage 1 ConcePtUal Landscaping Plan. 6. Inclusionary Zoning Ordinance. The City Council has adopted a policy stating its intent that new projects, including this project, will be subject to the Inclusionary Zoning Ordinance, as amended, which r~quires that 12.5% of the units be inclusionary units affordable to persons of very low, low and moderate incomes and only a portion of these units (7.5%) are allowed to be satisfied through payment of in-lieu fees. The project will, in general, be subject to the Inclusionary Zoning Ordinance.: Implementation of the ordinance will be identified when the Stage 2 Development Plan is prepared and submitted for the property in the project area. G:\PA#\2002\02-024\development plan. DOC 6 Exhibit A-1 LAND USE SUMMARY TABLE PHASE PROPOSED LAND USE DENSITY ACREAGE :k UNITS NUMBER (Dwelling units per (Not including acre) Tassajara Road or Falion Road) 1 Medium Density Residential 6.7 16.7 112 South of Fallon Road Medium High Density Residential 15..0 6.4 96 Rural Residential .1 10.0 1 (Existing Nielsen Residence) 2 Single Family 3.9 12.8 50 North of Residential Fallon Road Remaining Undeveloped/Rural Residential 0 61.8 0 acreage TOTAL 105. 7 259 GENERAL PLA COMPARISON GENERAL PLAN LAND USE PROPOSED PROPOSED PROPOSED EAST DUBLIN DESIGNATION DENSITY (Average ACREAGE + NUMBER SPECIFIC PLAN dwelling units per OF UNITS (Allowed Units) acre) Rural Residential (1 du/100 acre) .02 52.7 0 1 Rural Residential ( 1 du/100 acre) .10 10.0 1 1 (Existing) Single Family Residential 3.9 12.8 50 7 (0-6 du/acre) Medium Density Residential 6.7 16.7 112 135-309 (6-14 du/acre) Medium High Density 15.0 6.4 96 82-152 Residential (14-25 du/acre) rassajara Road/Fallon Road 0 9.1 N/A N/A R.O.W tOTAL NEW UNITS 107.7 259 226-515 EXHIBIT A-2 ........... '~' ~~ Stage 1 Site Pla~ ...... ~ Silveria, Haig~t & ~ielsen Pro.. pe~ies .................... Sta~je 1' phasing Plan .....Silveria t-taieh~ & Nielsen Prope~ies ~- ................. D ~li~ California 2 ;Stage 1 Phasing Plan Silveria, Haight & Nielsen Properties Dublin, California EXHIBITA-~-~ ~ ~ Sheet ENTRY FEATURE W!TH$~CIAL Conceptual Landscape plan Sitveria, Haight & Nielsen Prope~ies Dublin, California RESOLUTION NO. XX-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE PREANNEXATION AGREEMENT BETWEEN THE CITY OF DUBLIN, PINN BROTHERS CONSTRUCTION, INC., SILVERIA RANCH, L.L.C. AND ALBERT C. HAIGHT LMNG TRUST PA 02-024 WHEREAs, an agreement between the City of Dublin, Pinn Brothers Construction, Inc., Silveria Ranch, L.L.C. And Albert C. Haight Living Trust entitled "Pre-annexation Agreement Between City of Dublin, Pinn Brothers Construction, Inc., Silveria Ranch, L.L.C. And Albert C. Haight Living Trust, a copy of which is attached as Exhibit A. WHEREAS, on May 10, 1993, the City Council certified a program Environmental Impact Report ("EIR") for the Eastern Dublin GPA/SP Project and an addendum thereto, dated May 4, 1993 (SCH#91-103064). On August 22, 1994, the City Council approved another addendum to update plans and provide sewer service. The May ! 0, 1993 program EIR, the May 4, 1993 addendum and the August 22, 1994 addendum are collectively referred to as the Eastern Dublin EIR; and WHEREAS, upon approval of the GPA/SP Project, the City Council adopted mitigation findings, a statement of overriding considerations, and a mitigation monitoring program as set forth in Resolution 53-93, included in the Eastern Dublin EIR referenced above, and WHEREAS, pursuant to th~California Environmental Quality Act (CEQA), residential projects that are consistent with a specific plan for which an EIR has been certified are exempt from CEQA unless a supplemental EIR is otherwise required by CEQA (See Government Code section 65457). To determine if there were any supplemental impacts that would require the preparation of a supplemental EIR, the City prepared an Initial Study for the project in June 2001 and updated the Initial Study on June 28, 2002. The Initial Study found that the environmental impacts of this project were addressed by the Final Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan (SCH#91-103064) and addenda (Resolution 00-06); and WHEREAS, the Project is consistent with the type, location and density of land uses approved through the 1993 Eastern Dublin GPA/SP Project. Ail mitigation measures adopted for the GPA/SP Project continue to apply to implementing projects such as the current annexation and prezoning Project; and all applicable City development ordinances and standards apply to the Project except as otherwise approved through the Project prezoning and related Stage I Development Plan; and WHEREAS, a Staff report, dated September 17, 2002, and incorporated herein by reference, described and analyzed the Project for the City Council; and WHEREAS, the City Manager has recommended the approval of said agreement; and ATTACHMENT WHEREAS, the applicants, Pinn Brothers Construction, Inc., Silveria Ranch, L.L.C. and Albert C. Haight Living Trust, have executed said agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY RESOLVE THAT: said agreement is hereby approved and execution thereof by the Mayor of Dublin is hereby authorized. PASSED, APPROVED, AND ADOPTED this i 7th day of September 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#\2000\02-024\CC-Reso preannex.doc ATTACHMENT City of Dublin When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Space above this line for Recorder's Use PRE-ANNEXATION AGREEMENT BETVVEEN CITY OF DUBLIN, PINN BROTHERS CONSTRUCTION INC., SILVERIA RANCH, BBC. and ALBERT C. HAIGHT LIVING TRUST THIS AGREEMENT is entered into this day of ,2002 ("Effective Date") by and among the City of Dublin, a municipal corporation ("the City"), Pinn Brothers Construction Inc., a California corporation ("Developer"), and Silveria Ranch, L.L.C., a California limited liability corporation ("Silveria") and the Al.bert C. Haight Living Trust u/t/d December 1, 1998 ("Haight"). Silveria and Haight are referred to collectively as the "Owners." The City, Developer, and Owners are referred to collectively as the "Parties." Recitals 1. In 1993, the City Council of the City adopted the Eastern Dublin General Plan Amendment and Eastern Dublin Specific Plan ("the Specific Plan"). 2. The General Plan and the Specific Plan include goals and policies to prevent development within the Eastern Extended Planning Area and the Specific Plan Area (hereinafter collectively "Eastern Dublin")from drawing upon and diluting the fiscal base of the remainder of the City. 3. The fiscal analysis included in the Specific Plan anticipates the last new fire station in Eastern Dublin will become operational in the year 2010. 4. A condition was imposed on the developer of Dublin Ranch Area A in Resolution 00-36 of the Dublin Planning Commission to construct or fund construction of a new fire station in Eastern Dublin, but in no event earlier than July 1, 2003. In addition, Condition 109 of said Resolution obligates the Dublin Ranch Area A developer to fund any deficit between costs associated with services to properties in Eastern Dublin and revenues from such area, less amounts which other owners seeking development entitlements should pay for such deficit. Development of the Annexation Area will benefit from construction of the new fire station. RECEIVED Pre-Annexation Agreement Between T/~ P~{i~ l~f~ 2002 CityofDubtinandPinnBros, Homes EXHIBI II' ' 204844.1 5. The Developer is the proposed' purchaser under an unrecorded purchase and sale agreement of certain property within the Specific Plan Area described more particularly in Exhibit A ("the Silveria Property") and Exhibit B ("the Haight Property"), which are incorporated herein by reference, and Silveria and Haight own the Silveria Property and Haight Property, respectively. Collectively, the Silveria Property and the Haig.ht Property are referred to as the Pinn Bros. Property. Developer has applied to City for'annexation to the City of tl'ie Pinn Bros. Property and prezoning the property consistent with the specific plan designations (the "Project"). 6. On June 19, 2002, the Developer filed an application with the City to prezone and annex to the City the Pinn Bros. Property and certain other land within the Specific Plan Area owned by Robert Nielsen (the "Nielsen Property") (collectively, "the Annexation Area"), all of which is shown on the map attached hereto as Exhibit C and incorporated herein by reference. The Developer did not submit any development plans with the application for the Nielsen Property. 7. It is currently estimated that the cost of providing public services to the Eastern Dublin Area at a level consistent with services provided within the City will not exceed revenues generated to the City from property within Eastern Dublin until the new fire station is operational. The City anticipates that when the new fire station becomes operational, costs of providing services to the Eastern Dublin Area will exceed revenues generated in the area. 8. If new development occurs within the Eastern Dublin Area as anticipated, it is expected to generate revenues to the City that will reduce and, in the near future, eliminate the above-described potential deficit. However, even with development, deficits may occur. COnsistent with the goals and policies of the General Plan and Specific Plan, Developer will pay to City the Developer's proportionate share of any such deficits, as provided herein. Developer's proportionate share shall be 3.21% (three and twenty-one one-hundredths percent), which is the percentage that the Annexation Area (105.7 acres) is of the lands within the Specific Plan area that had not been annexed to the City as of July 25,. 2000, the date of Resolution00-36 (1,929.84 acres~ plUs the Dublin Ranch Project (1,363.29' acres)'. 9. Certain improvements to the 1-580/Tassajara Road Interchange ("Tassajara Interchange Improvements") and the 1-580/Fallon Road & El Charro Road Interchange ("Fallon Interchange Improvements") (collectively the "Interchange Improvements") must be constructed in order to facilitate development on the Annexation Area. City has previously entered into agreements for funding the construction of the Interchange Improvements with developers of property within the City. Pursuant to these agreements, four developers (Alameda County Surplus Property Authority, Jennifer Lin, Greenbriar Homes and Mission Peak) have agreed to advance at least $11,863,969 to City for the Tassajara Interchange Improvements, and the Lin Family has agreed to advance monies to the City needed for the Falion Interchange Improvements. Ail of the agreements require the City to seek reimbursement from non-contributing developers prior to the issuance of building permits to the non-contributing developer. Pre-Annexation Agreement Between Page 2 of 9 City of Dublin and Pinn Bros. Homes 204844.1 Development of the Annexation Area will benefit from construction of the Interchange Improvements. AGREEMENT NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, the Parties agree as follows: Section I. General Fund Shortfalls A. The Developer's Payment Obligations; Definitions. Developer shall pay the City 3.21% of the deficit, if any, between Public Service Costs and General Revenues. "Public Service Costs" shall mean the general fund cost of providing public services to the Eastern Dublin Area at a level consistent with public services provided within the incorporated area of the City prior to the annexation. "General Revenues" shall mean those revenues deposited to the City's general fund from property and inhabitants within the Eastern Dublin Area. "Eastern Dublin Area" shall include all lands within the Eastern Dublin General Plan Amendment area (see map attached as Exhibit D) that are within the City limits of Dublin. B. Duration of Payment Obligations. The Developer's payment obligation under this Section ! shall begin when a deficit exists and shall terminate when there is no longer a deficit but in no event shall the obligation extend beyond June 30, 2010 . ("Deficit Period"). The Developer's payment obligation shall survive the termination of any option agreement between Developer and Owners and may be terminated only by detachment of the Pinn Bros. Property from the City or by separate agreement approved by the City. Should development on the Pinn Bros. Property fail to occur by June 30,2010, and the Pinn Bros. Property therefore fails to generate sufficient revenues to the City to provide City services to the property, or should the option agreement between Developer and Owners terminate or expire, Owners agree not to protest the detachment of the Pinn Bros. property from the City. C. 'Annual Fiscal AnalyseS. The City shall' prepare a fiscal analysis each year during the Deficit Period to estimate the amount by which the Public Service Costs will exceed General Revenues. The fiscal analysis will be prepared on a fiscal year basis (July 1 to June 30) and will calculate the deficit fOr the preceding fiscal year. D. Payments to the City. No later than October 1 of each year during the Deficit PeriOd, Developer shall pay to City 3.21% of the deficit between Public Services Costs and General Revenues for the preceding fiscal year, based on the fiscal analysis, plus 3.21% of the cost of the fiscal analysis described in Section I.C. E. Security for Payment. At such time as requested by the City Manager, Developer will provide the City with security in an amount and form satisfactory to the City Manager, to become effective once the Annexation Area becomes part of the City, to secure the payments to the City described in Section I.D above. The security may Pre-Annexation Agreement Between Page 3 of 9 City of Dublin and Pinn Bros. Homes 204844.1 consist of a letter of credit or similar instrument. Developer agrees that the City shall be under no obligation to continue processing any land use entitlement applications for Developer if security has not been provided when requested by the City Manager. F. ReimburSement From Other Property Owners. The City shall consider fair and appropriate ways of reimbursing the Developer some of the amounts Developer may be required to pay under this Section I from the owner of the Nielsen Property, this being the only other property included in the Annexation Area that is not controlled by Developer. To the extent permitted by law, the City shall require owners of the Nielsen property who seek City approval of development entitlements for such property to pay a fair and proportionate share of the amounts that DeveloPer is required to pay pursuant to this Section 1. Section II. Payment to City for Tassajara and Failon Interchange, Improvements A. Advance of Monies by Developer. Developer agrees not oppose the City's imposition of conditions on future land-use approvals that require Developer to advance monies for the construction of the Interchange Improvements. Such advances are required by agreements with other Eastern Dublin developers that have advanced, or will advance, monies for the construction of both the Tassajara Interchange Improvements and the Fallon Interchange Improvements. B. Use of Monies by City. City will use the monies paid by Developer pursuant to Section II of this Agreement, together with any interest earned thereon, for, construction of the Interchange Improvements. As used herein, "construction" shall include preliminary engineering, preparation of project study report, project report, plan specifications and estimates, engineering, environmental documentation and review, right-of-way acquisition (if necessary), permits, processing, utility relocation, construction, construction inspection, project management, and inspection. City-shall be under no 'obligation to use the monies paid by Developer until such time that City has adequate monies to construct the Interchange Improvements. C. Credit Against TIF. City will provide a credit to Developer in the amount of DeVeloper's payment of monies under this Section II, to be used by Developer against payment of the Eastern Dublin Traffic Impact Fee ("TIF"). The use of credits (including limitations on the use of credits) and manner of conversion of the credit to a right of' reimbursement will be as determined in the development agreement between Developer and the City, or, if not, as set forth in the City's TIF Guidelines (Resol. 23-99), subject to the following provisions: Ia) the Developer shall pay an administrative fee of one-half of one percent or $1,000 whichever is greater; (b) the credit shall be granted at the time Developer makes payments of money pursuant to this agreement; and (c) the Tassajara Interchange Improvements credit may be used only against the Category 1 TIF Fees and the Fallon Interchange Improvements credit may be used only against the Category 2 TIF Fees. Pre-Annexation Agreement Between Page 4 of 9 City of Dublin and Pinn Bros. Homes 204844.1 Section Iil. Preparation of Drainage Study PriOr to tentative map approval, Developer shall submit to the City Engineer a drainage study sufficient to adequately size the drainage culvert intersecting Tassajara Road adjacent to the northwest corner of Dublin Ranch and south of the Quarry Lane School, in a form acceptable to the City Engineer. Section IV. Improvements for Tassajara Road A. ConStruction of Interim Improvements of Tassajara Road. Developer agrees not to oppose the City's imposition of conditions on future land-use approvals that would require Developer to fund and construct a temporary four-lane alignment of Tassajara Road from the existing City limit line to and through the intersection of Tassajara Road with the proposed Fallon Road/"the Interim Alignment"). Developer acknowledges and agrees that the Interim Alignment may or may not become part of the permanent six-lane improvements of Tassajara Road and that should all or a portiOn of the Interim Alignment not be used for the permanent six-lane alignment of Tassajara Road, Developer will not receive TIF credit for such construction, B. Permanent Alignment of Tassajara Road; Funding of Environmental Review. City intends to adopt a right-of-way line pursuant to Chapter 7.68 of the Dublin Municipal Code for the ultimate six-lane alignment of Tassajara Road from the existing City limit line to the Alameda' County line ("the Right-of-Way Line"). Further, the City intends to fund the required environmental and other studies necessary for the adoption of the Right-of-Way Line with existing funds. If the City determines in its sole discretion that its funding for such studies is inadequate, Developer agrees to advance to the City its fair share of the funds the City deems necessary to fund the shortfall within 21 days of written notice from City. The Developer's fair share of advanced funds shall be based on the Annexa. tion Area's unit count relative to the unit count of the Wallis property, as set forth in Appendix 4 to the Eastern Dublin Specific Plan. C. Credit Against TIF. J The City will provide a'credit to DeVeloper'in the amount of the Developer's payment pursuant to subdivision B of this section in accordance with the T1F Guidelines. The DeveloPer shall also be entitled to a TIF Credit for the value of the improvements to Tassajara Road constructed pursuant to subdivision A of this section, if the Public Works Director determines the improvements are useable as part of the permanent six-lane alignment adopted by the City pursuant to subdivision B of this section. The use of credits (including limitations on the use of credits) and manner of conversion of the credit to a right of reimbursement will be as provided in the TIF Guidelines, provided that any such credit shall be granted only pursuant to a credit/reimbursement agreement (as provided in Section V.A of the TIF Guidelines) at such time that the Public Works Director determines that the interim improvements (or any portion thereof) can be used as part of the permanent T1F improvements. Pre-Annexation Agreement Between Page 5 of 9 City of Dublin and Pinn Bros. Homes 204844.1 The use of any TIF credits will also be subject to limitations on use to be included in the development agreement required by the Eastern Dublin Specific Plan. Such limitations will include a requirement that a certain percentage of TIF fees be paid in cash, rather than by use of credits, to enable City to repay loans and fund construction of TIF projects to be constructed by City. SectiOn V. Payment of Funds for Construction of Eastern Dublin Fire Station A. Reimbursement for Construction of Eastern Dublin Fire Station. Developer agrees not to oppose a requirement on future development approvals that requires the Developer to pay funds, prior to approval of final subdivision maps or, if no subdivision map is required to facilitate the development of a particular property, prior to approval of stage 2 development plans, in order to allow the City to reimburse.the developer of Dublin Ranch Area A (DR Acquisitions, L.L.C.) for its advance of costs to construct and equip the new Eastern Dublin fire station (Fire Station 18). Because construction has not yet been completed, the costs of construction are currently unknown. The City anticipates that the amount of the payment will be based on the Developer's proPortionate share of the benefits from fire station construction. For instance, the payment may be based on percentage of acreage that a developer's property bears to the total acreage of the Eastern Dublin area. Thus, for illustrative purposes, if the Annexation Area were developed as a single project,, it would be required to pay 3.21% of the costs of construction of the new Eastern Dublin fire station. B. Credit Against Fire Impact Fee. City will provide a credit to DevelOper in the amount of Developer's payment of monies under this Section, to be used by Developer against payment of Fire Facilities Fee. The amount of the credit, once established, shall not be increased for inflation and shall not accrue interest. The credits may be used by Developer against payment of the Fire Facilities Fee for any project in Dublin or, with written notice to City, may be transferred by Developer to another developer of land in Dublin. if DevelOper has not been able to use the credits within ten years of the City's acceptance of Fire Station 18 Improvements, the remaining credits will convert to a right of reimbursement and shall terminate after ten yearS. Any reimbursement shall be from Fire Facilities Fees only, if available. Other aspeCts of the credit and right of reimbursement shall be consistent with the City's Traffic Impact Fee Guidelines. Section VI. Approval of Annexation This Agreement shall take effect when the City adoPts a resolution of application to annex the Annexation Area, with or without conditions or, if the Developer files a petition to annex, upon annexation. Upon adoption of such resolution, the City shall take reasonable steps to facilitate annexation of the Annexation Area in a timely manner. This Agreement shall become ineffective, however, if the annexation is not approved by LAFCO or the voters or does not become effective for any other' reason, tn Pre-Annexation Agreement Between Page 6 of 9 City of Dublin and Pinn Bros. Homes 204844.1 the event that the Developer does not close escrow with regard to the acquisition of the Silveria Property and the Flaight Property, this Agreement shall become ineffective, except that Owners waiver of the right to protest the detachment of the Silveda Property and the Haight Property from the City of Dublin. set forth in Section 1 .B of this Agreement, shall survive such termination. Section VII. Additional Provisions A. Correctness of the Recitals. The Recitals set forth in this Agreement are true and correct and are a part hereof. B. Further Assurances. The Parties shall execute, acknowledge, and deliver such additional documents or instruments as may be necessary to carry out the intent of this Agreement, including but not limited to, those expressly referred to in this Agreement. C. Construction by California Law. This Agreement is entered into in the State of California and shall be construed and interpreted in accordance with its Iaws. D. Representation of Comprehension of Document. In entering into this Agreement, the Parties represent that they have relied upon the legal advice of their attorneys who are the attorneys of their choice. The Parties further represent that the terms of this Agreement have been completely read by and explained to them by their attorneys, and that they fully understand and voluntarily accept those terms. E~. Authorshil~. Each Party and counsel for each Party has reviewed and revised this Agreement, and accordingly, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement or any amendment of it. F. Authority to Execute. Each of the persons executing this agreement on behalf of a legal entity represents and warrants that each has full.power to enter into this Agreement on behalf of the entity and that the Agreement is binding on the entity. G. E~ntire Agreement; Amendment. This Agreement contains the entire agreement between the Parties with regard to the matters set forth. There are no additional written or oral agreements or promises between the Parties.concerning these matters which are not expressly set forth in this Agreement. This Agreement may be amended or modified only by an agreement in writing executed in the same manner as this Agreement. H. Attorneys' Fees. In the event a Party to this Agreement is found in a court of law to have breached this Agreement, said Party shall pay the opposing Party's reasonable attorneys fees and costs incurred in litigating the breach of contract action. Pre-Annexation Agreement Between Page 7 of 9 City of Dublin and Pinn Bros. Homes 204844.1 I. Approval of Project. By entering into this Agreement, City makes no commitment that it will approve the Project. J. Notices. All notices shall be by certified mail or hand delivered to the Parties as follows: To the City: City Manager City of Dublin 100 Civic Plaza P. O. Box 2340 Dublin, CA 94568 To the Developer: Dale Garren, Development Manager Pinn Brothers Construction. Inc. 1475 Saratoga Avenue San Jose, CA 95129 'To Silveria: To Haight: K. Recordation. This Agreement shall be recorded against the Property deScribed in Exhibit A (the Pinn Bros. Property). in the event that the Developer does not close escrow with regard to the acquisition of the Silveda Property and the Haight Property, and this Agreement therefore terminates, the City and Owners agree, consistent with Section VI of this Agreement, to execute, acknowledge, and deliver such additional documents or instruments necessary, to remove this Agreement from record. [SIGNATURE PAGE FOLLOWS] Pre-Annexation Agreement Between Page 8 of 9 City of Dublin and Pinn Bros. Homes 204844.1 IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. PINN~~TRUCTIO C. CITY OF DUBLIN Janet Lockhart, Mayor Alan R. Pinn, President / Approved as to form: SILVERJ'p, RANCh, L/.'L.i City Attorney By: D~vi d ~. 'Grein~r Its: Manager Attest: ALBERT C. HAIGHT LIVING TRUST u/t/d December 1, 1998 City Clerk ~Pamela An'ne Antrim, Trustee .,/ 203277vl [NOTARIZATIONS ATTACHED] Pre-Annexation Agreement Between Page 9 of 9 City':of'Dubl:in and ~Pinn :Bro~: HOme~ 204844.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of /¢~Mfl//.)~//~ ~ ss. On ,~7.~r~_~)~_~ ,beforeme ~/~~d~/~r~,~,,~r~,~¢~o.,)~'~---', Date X personally appeared k(~)¢~ ~/'~- C~ ~?~¢//~,~--.-~ , Name(s) of Signer(e) ~ personally known to me I~ proved to me on the basis of satisfactory evidence to be the persor~s-)-whose name(e-) is/afc subscribed to the within instrument and acknowledged to me that he/she/~t-hey executed the same in his/.her/the+r authorized capacity(ids), and that by his/~her/-t4:reh' i -'~' '" --LIJ;N~A"'$~EET~IA~ --~ signature(~e) on the instrument the person(s-), or .~~ Comm~#1~177~i [ the entity upon behalf of which the person(~s-). ~t~-~,,,~7~ Notary I'ubllc. C¢~llfcxnl~3 ~ acted, executed the instrument. ~ ~Jemed. Cour,~/ I' ¢'--WI-P~¢S my hand and official seal. Place Notary. Seal Above '%~/ .~ Signature'"Ef'Notary OPTIONAL Though the information be/ow is not required by/aw, it may prove va/uab/e to persons re/ying on the document and could prevent fraudulent remove! and reattachrnen! of this form to another document. Description of Attached~Document~.¢. A,, ,,~, ~ ~u,_~.~-~-.. Title or Type of Document Date: L'.~¢Dk%~; Cq~'.c~P.~t. LE~ J~t:L~, ~i¢~,..r'~4 r~ Number of Pages: Signer(s) Other Than Named Above: Capacity(ids) Claimed by Signer Signer's Name: [] Individual Top of thumb here [] Corporate Officer :-- Title(s): · [] Partner--[] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: © 1999 National Notanj Association · 9350 De Soto Ave., P.O. Box 2402 · Chatsworth, CA 91313-2402 · www.nationainotary, org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California c°Unty °f-'-~. (--'-~J]~ / ss. On ~ ~'~}2 before me, Date-- ' Name and Title of Officer (e.g., "Jane~ Doe. Notary Pulf~") personally appeared Name(s) of Signer(s) [] personally known to me ~ proved to me on the basis of satisfactory evidence to be the person(e) whose name(~ is/-~re subscribed to the within instrument and acknowledged to me that ~-~e/she/~ executed the same in l~/h er/t~s~ir authorized capacity(m), and that by ~hed~r ~ ~-- ~~.~ signature~) on the instrument the person(~ or the entity upon behalf of which the person~ ~~ ~mi.l~ ~ ~2~5 [ acted, executed the instrument. ~ ~ NO~ 1 ~~~~~~ ~ ~'I'-~S my hand ~nd ~al seal. .... _ _ _ Place Nom~ Seal Above ~ ~ - - Signature of~t~ Public -- OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and rea~achment of this form to another document. Description of Attached Document Title or Type of Document:~/~P~~ Document Date: ~ ~.¢.. ~'f~l~ ~ ~.~ Number of Pages: ~ _ Signer(s) Other Than Na~ed Above: ' Capacity(ies) Claimed by Signer Signer's Name: ~ Individual Top of thumb here : Corporate Officer: Title(s); : Pa~ner--: Limited : General : A~orney in Fact : Trustee : Guardian or Conse~ator : Other: Signer Is Representing: © 1999 National Notary Association · 9350 De Soto Ave,, P.O. Box 2402 · Chatsworth, CA 91313-2402 · www.nationalnotary, org Prod. No. 5907 Reorder: Call Toil-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT state of California "Countyof ~,~ ~ 'ss' personally appeared ~/* ~ ~' /~ ~ ~ ' Name(e) of Signer(a) ~ personally known to me ~ proved to me on the basis of satisfacto~ evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their ~ ~ ........ ~-~ signature(s) on the instrument the person(s), or ~ R~EO N. ~TRO ~ the entity upon behalf of which the person(s) ~~ Commi~ion ~ 13~2~ ~ No~ Public- Call.mia ~ acted, executed the instrument. ~~ v' ~1~' ;~. ~ ',~' ~ "~" ~ ~ ~ Signature of No~ Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ~ [] Individual Top of thumb here [] Corporate Officer -- Title(s): [] Partner-- [] Limited F~ General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing:. 999 Notional Notary Association · 9350 De Soto Ave., P,O. Box 2402 * Chatsworth, CA 91313-2402 * www,nationalnotary, org Prod. No. 5907Reorder: Call Toll-Free 1-800-876-6827 MISSION PEAK HOMES LIN IL VERIA ~ GLEASON DRIVE c~ ...J DUBUN BLVD. 1-580 SILVERIA/HAIGHT/NIELSEN REORGANIZATION PINN BROTHERS PROPERTY EXki~T' 'A Date: August 28, 2002 · PINN BROTHERS PROPERTY EXHIBITfi SILVERIA RANCH REORGANIZATION ANNEXATION TO THE CITY OF DUBLIN AND THE DUBLIN SAN RAMON SERVICE DISTRICT Parcel located in Alameda County, California Being all of the following: 1) Deed to Pamela Ann Antrim, trustee, recorded on April 6, 1999 in Series No. 99-143220, Alameda County Records 2) Deed to Silveria Ranch, LLC, recorded on December 21, 1998 in Series 98-447166, Alameda County Records 3) Deed to Nielsen, recorded on December 26, 2001 in Series 2001501015. 3) Portion of Tassajara Road (County Road 2568, 66 feet wide) Beginning at the northwestern comer of the Quarry Lane School Reorganization Annexation to the City of Dublin and Dublin San Ramon Services District by LAFCO resolution No. 2001-04 on May 10, 2001 and filed in Book 264 at Page 3, Series No: 2001456825, Records of Alameda County; Thence along the westerly line of Tassajara Road (County Road No. 2568, 66.00 feet wide) the following four (4) courses: 1. N03°24'16"E, 807.60 feet 2. To a curve to the right having a radius of 1033.00 feet, a delta of 53°29'20"; thence along said curve an arc length of 964.36 feet 3. N56°53'36"E, 203.05 feet 4. To a curve to the left having a radius of 767.00 feet, a delta of 30°28'17"; thence along said curve an arc length of 407.91 feet to the westerly prolongation of the northerly line of the parcel described in the deed to Pamela Ann Atrim (99-143220) Thence along said northerly line and continuing along the northerly line of the parcel described in the deed to Silveria Ranch, LLC (98-447166) the next six (6) courses: 1. S89°25'29"E, 952.23 feet 2. N34°49'01"E, 576.18 feet 3. S87°10'59"E, 473.88 feet 4. S64°10'59"E, 528.00 feet 5: S83°40'59"E, 135.30 feet 6. N60°19'01"E, 146.25 feet to the easterly line of said Silveria Ranch, LLC (98-447166) t REC;:lVED ~UBLIN PLANNING Date: August 28, 2002 SILVERIA RANCH REORGANIZATION ANNEXATION TO THE CITY OF DUBLIN AND THE DUBLIN SAN RAMON SERVICE DISTRICT Thence along said easterly line, S00°35'48"W, 1433.28 feet to the southeast comer of said SilYeria Ranch Parcel, LLC, (98-447166) and the northerly line of Annexation No. 10 to the City of Dublin by Dublin City Council Resolution No. 3-95 adopted January 23, 1995 and filed September 18, 1995 in Book 204 at Pages 75A-75B, Ser/es No. 95-214838, Records of Alameda County; Thence along last said northerly line N89°38'34"W, 2571.72 feet to the northwestern comer of last said annexation; Thence along the westerly line of last said annexation the following two (2) courses: 1. S01°20'13"W, 214.20 feet 2. S01°18'31"W., 549.28 feet to the northeast comer'of said Quarry Lane School Reorganization Annexati6n; ~ Thence along the northerly line of last said annexation the following two (2) courses: 1. S82°07'31"W, 814.84 feet 2. N86°35'44"W, 33.00 feet to the Point of Beginning. Containing: t 07.07 Acres + References to the existing boundaries 0fthe City of Dublin are primary calls. Any bearings or distances referred to herein should be onlY considered secondary. 2 ~ECElVED AUG 2 9 2002 ~LI~LIN PLANNING .-' Date: August 28, 2002 SILVERIA RANCH REORGANIZATION ANNEXATION TO THE CITY OF DUBLIN AND THE DUBLIN SAN RAMON SERVICE DISTRICT Boundary line of territory is shown on the map of the Silveria Ranch Reorganization Annexation to the City of Dublin and Dublin' San Ramon Services Distr/ct adopted by Lafco Resolution No. __ on the __ day of__, 2002. SMd map was certified by the County Surveyor on the day of ,2002. This description conforms to the requirements of the Alameda County Local Agency Formation Commission. Donald J. LaBelle, Director of public Works County of Alameda Ousama H. Kawar, County Surveyor R.C.E. # 18499, Expires 6/30/01 By: Russell Reid Penland, Jr. Deputy County Surveyor L. S. #5726, Expires 12/31/03 P:\J obs-99',99t 091 ~SURVEY\annex_3.des 3RECEIVED DUBLIN, PLANNING _ .- ' RESOLUTION NO. XX-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING INITIATION OF APPLICATION FOR REORGANIZATION FOR PA 02-024, ANNEXATION NO. 14 WHEREAS, the City of Dublin desires to initiate proceedings pursuant to the Cortese-Knox- Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code, for a reorganization that would concurrently annex territory to the City of. Dublin and the Dublin San Ramon Services District; and WHEREAS, on May 10, 1993, the City Council certified a program Environmental Impact Report ("EIR") for the Eastern Dublin GPA/SP Project and an addendum thereto, dated May 4, 1993 (SCH 91103064). On August 22, 1994, the City Council approved another addendum to update plans to provide sewer service. The May 10, 1993 program EIR, the May 4, 1993 addendum and the August 22, 1994 addendum are collectively referred to as the Eastern Dublin EIR; and WHEREAS, the Project is consistent with the type, location and density of land uses approved through the 1993 Eastern Dublin GPA/SP Project. All mitigation measures adopted for the GPA/SP Project continue to apply to implementing projects such as the current PD Prezone; and all applicable City development ordinances and standards apply to the Project except as otherwise approved through the Project prezoning and related Stage 1 Development Plan; and WHEREAS, upon approval of the Eastern Dublin GPA/SP Project, the City Council adopted mitigation findings, a statement of overriding considerations, and a mitigation monitoring program as set forth in Resolution 53-93, included in the Eastern Dublin EIR referenced above; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), residential projects that are consistent with a specific plan for which an EIR has been certified are exempt from CEQA unless a supplemental EIR is otherwise required by CEQA (See Government Code section 65457). To determine if there were any supplemental impacts that would require the .preparation of a supplemental EIR, the City prepared an Initial Study for the project in June 2001 and updated the Initial Study on June 28, 2002. The Initial Study found that the environmental impacts of this project were addressed by the Final Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan (SCH#91-103064) and addenda (Resolution 00-06); and WHEREAS, the Planning Commission held a public hearing on said application on July 9, 2002; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of the Stage 1 Planned Development Prezoning and Development Plan for PA 02-024 and adopted Resolution No. 02-28 recommending that the City Council approve a Planned Development Prezoning and Stage I Development Plan for PA 02-024; and ATTACH MENT 4 WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth; and WHEREAS, a properly noticed public hearing was held by the City Council on September 17, 2002; and WHEREAS, a Staff report, dated September 17, 2002, and incorporated herein by reference, described and analyzed the Project for the City Council; and WHEREAS, notice of intent to adopt this resolution of application has been given, and this Council has conducted a public hearing based upon this notification; and WHEREAS, the principal reasons for the proposed reorganization are as follows: to provide the full range of municipal services to the territory; and assure orderly development consistent with the City of Dublin Eastern Dublin General Plan Amendment and Eastern Dublin Specific Plan; and WHEREAS, the following agencies would be affected by the proposed jurisdictional changes: Agency Nature of Change City of Dublin Annexation Dublin San Ramon Services District Annexation WHEREAS, the territory proposed to be reorganized is uninhabited, and a map and a description of the boundaries of the territory are attached as Exhibit A, Annexation to the City of Dublin and to Dublin San Ramon Services District. Exhibit A is incorporated herein by this reference; and WHEREAS, it is desired that the proposed reorganization be subject to the following terms and conditions: a. The effective date of the annexation shall be November 21, 2002; and WHEREAS, this proposal is consistent with the spheres of influence of the City of Dublin and the Dublin San Ramon Services District (DSRSD). NOW, THEREFORE, THE CITY COIYNCIL OF THE CITY OF DUBLIN DOES HEREBY RESOLVE AS FOLLOWS: This resolution of application is hereby adopted and approved and the Local Agency Formation Commission is hereby requested to take proceedings for the annexation of territory as authorized and in the manner provide in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. PASSED, APPROVED, AND ADOPTED this 17th day of September 2002, by the following vote: AYES: ATTACHMENT 4 NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#\2000\02-024\CC-Reso lafco appl.doc ATTACHMENT 4 Stage I Developnaen~ Plan Silveria, Haight and Nielsen proper~je~ Dublin, CalifOrnia June 14, 2002 Pinn Brothers Silveria/Haight/Nielsen Property East Dublin Specific Plan Stage 1 Development Plan June 14, 2002 Table of Contents Page Vicinity Map ................................................................. 1 Project Description ........................................................... 2-7 Project Findings ............................................................ 8-10 Parkland Issues on the Silveria Property ........................................ 11-12 Photo Location Key ........................................................... 13 Site Photos ................................................................ 14-17 Aerial Photo ................................................................. 18 Stage 1 Site Plan .............................................................. 19 Stage 1 Phasing Plan ....................................................... 20-21 Stage 1 Conceptual Landscape Plan .............................................. 22 G:~AdminUobs-02\021031 \tableo fcontents.wpd MISSION PEAK HOMES ~ SIL VERIA ~ CLEASON DRIVE DUBLIN BLVD. $1LVERIA/HAIGHT/NIELSEN PROPERTY VICINITY MAP -]- June 14, 2002 Project Description Stage I Submittal Silveria/Haight/Nielsen Properties Dublin, California Location The proposed project site combines the Silveria property, Haight property and the Nielsen property which are located within the East Dublin Specific Plan Area. The combined project area of the Silveria (91.04 ac.), Haight (2.42 ac.) and Nielsen (10.0 ac.) properties is approximately 105.7 acres. The future Fallon Road, an extension of the existing Fallon Road, divides the project site into two development areas, one located south of Fallon Road and one located north of Fallon Road. Both the Silveria property and the Haight property are currently used for cattle grazing. There is a rural residence and farm structures on the Silveria property which are proposed to be removed as part of the development. The Nielsen property has rural residence which is proposed to remain. No additional development is proposed on the Nielsen property. The surrounding land owners and uses include the Redgewick property to the east which is used primarily as grazing land, the Lin property (Dublin Ranch) to the south which is being developed as a residential use and the Mission Peak Homes property to the north which is currently being use for grazing purposes. The western boundary is defined by Tassajara Road which serves as a connection between Alameda County and Contra Costa County. Proposed Uses There are ten planning subareas in the East Dublin Specific Plan. The project site lies within two subareas, the Tassajara Village Center Subarea and the Foothill Residential Subarea. This application seeks a PD prezoning for the project site, to allow for a mix of residential densities consistent with the Specific Plan subarea designations. The PD prezoning and Stage 1 Development Plan are intended to carry the Specific Plan policies and designations for the project site through to the prezoning for the property. A schematic depiction of proposed land uses and densities is reflected in the Stage ! Site Plan on page 19 of this document. As with the Specific Plan, the land use boundaries and road alignments in the Stage 1 Site Plan are approximate. This generalized depiction of the planning area will require some flexibility, and minor adjustments to land use boundaries and road aligmnents may be necessary to accommodate detailed information regarding, for example, topography and environmental resources, that will not be available until the more precise Stage 2 Development Plan is proposed bY the applicant and considered by the City. Accordingly, the precise location of land uses, exact unit count, and density will be determined in the Stage 2 Development' Plan. GSAdminXJobc,-02\02103 lXprojeet_des¢.wpd -2 - This schematic plan was drawn to accommodate 'approximately 259 units, including 1 existing unit on the Nielsen prOperty. The table below presents one illustration of proposed land uses and densities under the Stage 1 Development Plan and compares them to the acreages and density ranges for the Silveria, Haight and Nielsen properties presented in Appendix 4 of the Eastern Dublin Specific Plan, Land Use Summary by Land Owner table. Land Use Summary Table Silveria, Haight & Nielsen Proposed Land Use Summary Specific Plan Land Use Summary Properties-East Dublin Acres~- Density Units Acres± Density Units Medium High Density 6.4 15.0 96 6.1 14.1 - 25.0 86 - 152 ReSidential Medium Density Residential 16.7 6.7 112 22.1 6.1 - 14.0 135 - 309 Single Family Residential 12.8 3.9 50 8.7 .9 - 6.0 7 - 52 Rural Residential* 52.7 0 0 56.2 .02 1 Rural Residential - Existing 10.0 0.1 1 10.0 0.1 1 Residence to Remain (Nielsen) Tassaj ara Road/Fallon Road - 7.1 RoO.W. ~ TOTAL 105.7 259 103.1 230 - 515 *Includes area which was previously shown on the Eastern Dublin Specific Plan as Community Park. The Single Family Residential development "envelope" shown on the proposed plan has been refined from that shown in the Specific Plan Land Use Map to be consistent with Specific Plan policies calling for minimizing grading. The schematic Single Family Residential development envelope meets the hillside development policies contained in the Specific Plan. Note that remedial grading may extend beyond the development envelope shown on the plans, as allowed by Policy 6-35. Following is an explanation of the proposed plan's conformance with the hillside development policies set forth in the Specific Plan. 6-32: In order to reduce the visual impacts of grading, the Stage 2 site plan will use revegetation, contour grading with gradual transition to the natural slope and berming as necessary. Because the Single Family Residential development envelope was refined to minimize grading, the visual impacts of the proposed grading will not be greater than for the development envelope shown in the Specific Plan. The prominent knoll located south of the development area will still be retained and will block views of the proposed homes from Fallon Road'south of the development area. The refined development envelope will also remain outside of the golden eagle viewshed area. G: ~AdminUobs ,02\021031 \proj ec~_d~c.wlxl - 3 - 6-33: The proposed development area is situated to minimize visual impacts from Tassajara Road or Fallon Road. The proposed plan will minimize grading within the upper ridgelands. Most of the development area is tucked behind the visible ridgelines. No development is proposed on the south-facing slope along the Fallon Road extension. 6-38: The refined Single Family Residential development envelope will not have cut or fill slopes higher than those that might occur with the development envelope shown in the Specific Plan. The development envelope was refined to reduce the amount of grading that would be needed for project developement. 6-40 & 6-41: A preliminary geotechnical report has been prepared and the recommendations contained in the report will be incorporated into the Stage 2 site design. 6-42: Only 1.5 acres+ of the proposed Single Family development area has slopes in excess of 30%. Policies 6-34, 6-35, 6-36, and 6-37 of the Specific Plan address issues including the visual impact and extent of grading, architectural design, revegetation, and road alignment. These policies will be incorporated into the Stage 2 site design due to the lack of design specificity provided with the Stage I submittal. Phasing The property will be developed in two phases. The first phase includes the residential areas located south of Fallon Road. Phase 1 consists of approximately 33.1 acres of residential uses and will contain approximately 209 housing units. The development of Phase 1 is proposed to begin in April 2003. Phase 1 also includes the Nielsen property which contains one rural residence, which is proposed to remain. The second phase of development consists of the single family residential area and rural residential area north of Fallon Road. Phase 2 contains approximately 59.2 total acres with 50 single family residential units occupying approximately 12.8 acres. Construction of the interior roadway improvements, utilities and residential development for Phase 2 is proposed to begin when the Zone 3 reservoir is completed and water service from the new tank is available to the site. The applicant wishes to reserve the oPtion of grading the Phase 2 development area concun'ently with the Phase 1 grading operations. Please note that the existing rural residence on the Nielsen property is proposed to remain. No additional development is proposed on the Nielsen property in either Phase 1 or Phase 2. A phasing plan is Provided below which conceptually indicates proposed land use, approximate number of units, and approximate acreage for each phase. G:XAdmin~lobs-02\021031 \proj cct_desc, wpd - 4 - Phasing Plan Phase Proposed Units Acreage 4- Density Land Use (Not including du/ac Tassajara Road or Falion Road~ Phase 1 - April 2003 Medium High Density 96 6.4 15.0 Residential Medium Density 112 16.7 6.7 Residential Rural Residential 1 10.0 0.1 (Existing Nielsen Residence) ,f;untota! - Pn.~ 1 gq? ,~,~, l Phase 2 - After Zone 3 Water Becomes Available Single Family Residential 50 12.8 3.9 Subtotal - Phase 2 50 12.8 Topography and Site Development The site is located within a section of the Coast Ranges, identified as the Tassajara Hills. The project site has slopes which range fi.om 5% in the area between Tassajara Road and the proposed Fallon Road to more than 40% in the area north of the proposed Fallon Road. The majority of the proposed development is located on the more level portion of the site between Tassajara Road and the furore Fallon Road. The grading proposed for the project takes into consideration the hilly terrain, and wherever possible, development will be contoured io the hillsides in order to avoid excessive cuts and fills. In conformance with the Specific Plan, the steeper portions of the site have been designated for detached single family housing, and the more level topography is reserved for the medium density residential uses. The steeper slopes and ridgelands are designated as rural residential uses. Circulation Tassajara Road is currently a two lane road extending fi:om Dublin Ranch northward to Contra Costa County. The Specific Plan anticipates that Tassajara Road will eventually be expanded to six lanes. Prior to or concurrent with approval of the Stage 2 Development Plan for this project, the City will determine the precise alignment of Tassajara Road. It is anticipated that the applicant will construct two additional lanes, expanding Tassajara Road to 4 travel lanes (2 northbound, 2 southbound) fi.om the proposed Fallon Road intersection southward.to join with existing roadway improvements at Dublin Ranch, subject to such credit and reimbursement arrangements as shall be determined. G:~Admin~lobs-02\021031 \project_des¢.wpd -5- The Specific Plan also anticipates that Fallon Road will be extended to connect with Tassajara Road. This proposed extension of Fallon Road will divide the Silveria and Haight Properties into two development areas. Fallon Road, south of the project site is currently under construction within the Dublin Ranch property. It is anticipated that the applicant will construct Fallon Road from Tassajara Road southward to the Silveria/Lin property line, subject to such credit and reimbursement arrangements as shall be determined. The precise location and alignment of Fallon Road shall also be determined prior to or concurrently with approval of the Stage 2 Development Plan. A separate Traffic Report, prepared by TJKM and Associates has. been submitted which addresses circulation and traffic impacts to the area. Water Supply The project will be served by two DSRSD water pressure zones; Zone 2 and Zone 3. Zone 2 will provide water service up to an elevation of 580'. Zone 3 will provide water service up to an elevation of 770'. Development in Phase 1, located in pressure Zone 2, will be served by a northerly extension of the existing Zone 2 water line in Tassaj ara Road that now terminates at Dublin Ranch. This water line will be extended to the Tassajara Road/Fallon Road intersection. This line will then extend southerly along Fallon Road to the southerly property line of the Silveria Property. Development in Phase 2 located within pressure Zone 3, will be served by a Zone 3 water line to be extended southerly along Fallon Road connecting to the Zone 3 water line in Dublin Ranch.' This extension is not proposed as part of this project. Sanitary Sewer Sanitary sewer service for the proposed project will be provided by extending the existing 12" sanitary sewer line in Tassajara Road which currently ends at the northerly boundary of Dublin Ranch. This 12" line will be extended to the first entry road to theSilveria property. From that point, a 10" sanitary sewer line will be constructed to the intersection of Tassajara and Fallon Road. This line is sized to accommodate future development on the Mission Peak property and other properties to the north along Tassajara Road that are within the'Specific PI an boundary. An~8'' line will extend down Fallon Road to provide service to the development area north of Fallon Road. All sanitary sewer lines will gravity flow. Storm Drainage Project storm drainage will be conveyed by proposed storm drain lines in Tassajara Road and Fallon Road that will gravity flow to the existing 54"x62" elliptical culvert under Tassajara Road located adjacent to the Kobold property. Storm water will enter the culvert by a proposed manhole to be located in the street above the culvert. Scenic Corridor Tassajara Road and Fallon Road are currently identified as Scenic Corridors by the City of Dublin. Both of these roads traverse the project site. To guide development that may be visible from these designated scenic corridors, the City of Dublin has adopted the "Eastern Dublin Scenic Corridor-Policies & Standards". This document sets forth requirements and provisions for preserving views of scenic ridgelines and knolls from the scenic corridor. Within the project area, which is located in the Tassajara Village area, the document calls for preservation of the prominent knolls located to the north and south of the Fallon Road extension. The stage 2' site G:~Adminklobs-02\02103 Bproject_desc.wpd -6- plan will be designed to conform to the scenic corridor Policies and Standards including preserving the backdrop views of the knolls from Fallon Road and Tassajara Road. Additionally, any grading impacts on the lower portions of the knolls will be offset by contouring of slopes, berming, and landscaping consistent with the surroundings. Open Space A large portion of the site area, 52.7 acres (Silveria property), has been designated as rural residential. The Nielsen property contains an additional 10.0 acres which is designated as rural residential. The rural residential designation allows one residence to be located in this area. Any area not developed with a residential use is to remain undeveloped. The Specific Plan indicates that this area is to be permanently preserved as a visual and natural resource area with little, or no development allowed. The rural residential designation provides an open space corridor as well as maintains the ridgelands on the site which will be preserved as a visual resource. These ridgelands are indicated in the Specific Plan as "Visually Sensitive Ridgelands". This designation severely restricts development. The open space areas will be owned and maintained by the project's homeowner's association. Biological and Wildlife Resources Zander and Associates has surveyed the site for biological and wildlife resources. No rare or endangered animals, plants or wetlands have been found on the site, including the Red-Legged Frog, Tiger Salamander or San Joaquin Kit Fox. As indicated above, approximately 52.7 acres on the Silveria property, and 10.1 acres On the Nielsen property have been designated as rural residential in order to preserve the habitat value of the site. This area allows a large amount of land to remain essentially undeveloped providing an open space corridor which connects to surrounding open space on adjacent properties. It should be noted that in 1999, a Golden Eagle nest was discovered on-the Lin property to the south of the Silveria property. Substantially all development on the S ilveria/Haight/Nielsen properties (with the exception of the Fallon Road extension) will occur outside of the eagle viewshed corridor. A recent site investigation discovered that the eagle did not return to the nest this year, but instead relocated to a nest platform placed on the Redgewick property to the east. If the eagles use this site again next year, the Silveria and Haight properties will be outside the eagle protection zone for the new nesting location. Compliance with the Inclusionary Zoning Regulation This development is subject to the City of Dublin's Inclusionary Zoning regulations. These regulations require that new residential development projects construct 12.5% of the total number of dwelling units within the development as affordable units. However, the regulations allow for the City Council to permit the developer to pay a fee in lieu of constructing up to 40% of the required affordable units. For this project, .the applicant proposes to construct 26 affordable units within the Medium High Density Residential (Condo) area. These 26 units account for 9.9% of the total number of units within the project area. The remaining percentage of the affordable housing requirement will be met by payment of in lieu fees. HazardOus Waste and Substances Site Determination Pursuant to Government Code 65962.5, the proposed development site is not located on a hazardous waste substances site. G:~dminkJobs-02\021031 \proje ct_desc. ~ - 7 - SummerHill Application Findings Statement for Silveria, Haight and Nielsen Properties a. The proposal will be harmonious and compatible with existing and future development in the surrounding area. The 105.7 acre project site is located adjacent to the City of Dublin within the East Dublin Specific Plan area. Thc Specific Plan area comprises 3,300 acres of land planned as a mixed-use community that Will be a vital, self- sustaining urban environment where people can live, work, play and interact in a manner that fosters a strong sense of community. Thc project site is bounded by Tassajara Road on thc west; the future Fallon Road, an extension of the existing Fallon Road, divides thc property into two portions east of Tassajara Road. The property is bounded on the south by thc Lin property (Dublin Ranch) which is being developed as a residential use; the property to the east which is currently being used for grazing and will ultimately will bc used as open space/mitigation lands for Dublin Ranch, although it is currently designated in the Specific Plan for single family and rural residential uses; and thc Mission Peak Homes project to the north which is currently being used for grazing purposes and is designated in the Specific Plan for residential and commercial uses. The property is bounded on the west by Tassajara Road which serves as a connection between Alameda County and Contra Costa County. Thc planned mixture of residential uses for the project are consistent with the planned development of the Specific Plan area and will be compatible with the surrounding properties as the area develops. b. The site is physically suitable for the type and intensity_ of the zoning district bein~ proposed. The proposed project development includes a mix of residential uses including medium high density residential, medium density residential, single family residential, and rural residential. The site is located within a section of the Coast Ranges, identified as the Tassajara Hills. The project site has slopes which range from 5% in the area between Tassajara Road and the proposed Fallon Road to more than 40% in the area north of the proposed Fallon Road. The majority of the proposed development is located on the flatter portion of the site between Tassajara Road and the future Fallon Road. The grading proposed for the project takes into consideration the hilly terrain, and wherever possible, development is contoured to the hillsides in order to avoid excessive cuts and fills. In conformance with the Specific Plan, the steeper portions of the site have been designated for single family housing, and the more level topography is reserved for medium high density and medium density residential uses. The steeper slopes and ridgelands are designated as open space and rural residential uses. The proposed Planned Development District Zoning for the site will provide maximum flexibility and diversification in the development of the project consistent with, and in furtherance of, the provisions of the Dublin General Plan and the Specific Plan in a manner which is consistent with the natural topography of the site. c. The proposal will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare. The proposal is consistent with the East Dublin Specific Plan policies and the City's zoning ordinances enacted for the public health, safety and welfare. The Specific Plan has designated those areas within the Specific Plan with the highest landslide potential and the least possibility of cost effective remediation to be maintained as open space or designated for very low-density rural residential uses to minimize adverse impacts. Development in hillside areas is carefully regulated under the Specific Plan to insure that hazardous hillside conditions are avoided or remedied. A large portion of the project site, 62.7 acres G:~Admin~Jobs-02\02 ! 031 \project_desc.wpd - 8 - (including the Nielsen property), has been designated as rural residential and, with the exception of one residence, will remain undeveloped, therefore permanently preserving the area as a visual and natural resource area. None of the residential lots in the project will have direct driveway access on the major arterials. The project provides for a mix of housing which is compatible with and supportive of the community needs identified in the Specific Plan. d. The proposed uses for the site are consistent with the elements of the City_ of Dublin General Plan and the East Dublin Specific Plan. The project sites lie within two subareas described in the Specific Plan - the Tassajara Village Center subarea and the Foothill Residential subarea. Medium High Density, Medium Density and Single-Family residential uses are proposed in the Tassajara Village Center subarea, and Rural Residential and Single Family residential uses are proposed in the Foothill Residential subarea. Consistent with Policies 4-5 and 4-6 of the Specific Plan, the project concentrates residential development in the less environmentally constrained portions of the site area and provides for cluster development to reduce grading and preserve open space continuity as well as providing an innovative approach to site planning, unit design, and construction to create housing products for all segments of the community. e. This project satisfies the purpose and intent of Chapter 8.32 "Planned Development" of the Municipal Code as follows: (1) The proposed project combines the Silveria Property, Haight Property and Nielsen Property which will be developed as a unit with development standards tailored to the site (8.32.010(A)); (2) The proposed project provides maximum flexibility and diversification in the development of property by providing clusters of medium high density housing and medium density housing to reduce necessary grading and preserve open space continuity as well as providing for single family detached residential units to create housing for all segments of the community (8.32.010(B)(D)); (3) The applicant proposed a mix of residential uses which are consistent with the land use designations in the East Dublin Specific Plan and the provisions and regulations for development set forth therein. The Specific Plan allows for a density range of 230 to 470 residential units (including the Nielsen Parcel) on the site, the project applicant proposes the construction of approximately 258 Units (8.32.010(C)); (4) In conformance with the Specific Plan, the steeper portions of the site have been designated for single-family housing, and the more level topography is reserved for mediUm density residential uses. The steep slopes and ridgelands are designated as Rural Residential uses (8.32.010(E)); (5) The project developer will participate in the development of the necessary utility and circulation infrastructure for this development in conformance with the Specific Plan (8.32.010(F)); G:~Admin~Jobs-02\021031 \project_desc.wpd -9- (6) Through the use of Planned Development District zoning, the project will be designed to address the uniqueness of the Specific Plan area, taking into account the proximity of the ridgelands. The clustering of medium high density and medium residential density units will allow for continuity of open space area and more effective utilization of property (8.32.010 (G)(H)); J' (7) By clustering medium high density and medium density residential units on the more level topography, providing single family detached units on the north side of Fallon Road, and developing the project in phases, the project will create a more desirable use of land, a more coherent and coordinated development, and a better physical environment that would otherwise be possible under a single zoning district or combination of zoning districts. GSAdminklobs-02\02103 l\projeet_desc, wpd - 1 0- Parkland Issues on the Silveria Property G:\AdminXJobs-02~02103 I\projeet_desc. wpd - 1 l - CITY OF DUBLIN P.O. Box 2340, Dublin, California 9458a · City Offices, 100 Civic, laze, Dublin, Caflfomia 94568 Sep~raber 29, 2000 Mr. Craig Champion SummerHill Homes 777 California Avenue Palo Alto. CA 94304 SUBJECT: Parldand~ Dear Mr. Champion ~nis !etter i$ a follow-up to our conversati,o, n of September 27, 2000 regarding p~tkland issues on the Silveria lxoper~. The po.~.on ofth.c Silveria property that is designated Par /Public Recreation - Community Park is not suitable for cornmtlnity park purposes Th~Siro~,,~ is too steep for communi ark .. "' ' ,--v , ty p purposes and may contain .m. source values .t?t wouldn't be compatible with parkland uses. Smnlar lands in Dublin Ranch immed/ately to file south are similar in nature and arc proposed To be used for environmental mitigation purp es. Diane ~*~,,,.,m~ ut'me~e mrms Ior pau~lana purposes in.lieu o£paying parklands dedi~htion fees is not acceptable to the City for the above reasons. The lands designated Parks/Public creation - ' maintained by the Homeowner s Assocmtion for the development. If you have any questions regarding this project, please contact me at (925) 833-~, 610, S..~cerely, Dennis II. ~arrington, AICp~ Senior Planner/Zoning Administrator Cc:pa990~2 file G:pa99032/parklandsletter Administration (92fi)833-66fi0 . City Council (§25)'B~3.6605 , Rnance (~)8~8~ · Building Ins~' ;o 925 C~e Enfa~mem (925).~-e~0 · En~r-eedn~ ,9~=~ ............. ~ n ( ) 820 =2_ ............ =. u ~ ~ ~ao~u · ~arKs'a oammunl~ 8e~lcea (0~) ~3~45 ~ng..u ~yelopment [9~) 8~6~ · Peff~ (gA~) ~670 . Public Work8 (92S) ~ Commun~ Development (9~) 833~610 · Fire PmvenSon Bureau (925] ...... ,,, ~ ' , ',.; , -? ~ ? .i,t i ? " ...... ' ' ~ Photo Location Key ' ight p ~ ', " Silveria, Ha & Nielsen Pro e~ies '~:~:.~.~-"'.'.'.,'(~ ~ .~. -,~,., View East from Tassajara Road Silveria Ranch in background Proposed Medium Density Area 2 View East from Tassajara Road Haight Residence Area of intersection with Fallon Road Silveria Ranch Residence and Barns Proposed Medium Density Area 4 Siiveria Ranch Proposed MediUm Density in Foreground Open Space in Distance -15- View Southwest from Open Space Proposed Fallon Road in Foreground Proposed Medium Density to base of hill (in center) View Northeast Proposed Single Family Detached in Foreground Open Space in Distance View East Proposed Single Family Residential on Left of Hill Open Space on Right r View West, Dublin Ranch to Left Golden Eagles in Eucalyptus Tree (In Center) Proposed Fallon Road in Center - Proposed Medium Density to Right of Hill Aerial Photo Siiveria, 'Haight & Nielsen Properties ~';uggerl - -18- Stage Site Silveria, Haight & Nielson Properties Dublin, California Stage 1 Phasing,Plan Silveria, Haight & Nielsen Properties Dublin, California ..... 20- .Stage 1 Phasing Plan Silveria, Haioht & Nielsen Properties Dublin, California lid I '~X~;~*,~* ........... -21- EhlTRY FEATURE WITH.$I~ECIAL //// , , x.. , / . // // _ "-~..'~' Conceptual Landscape Plan Silveria, Haight & Nielson Properties Dublin, California ,, CITY OF DUBLIN INITIAL STUDY Pinn Brothers Construction, Inc. - Silveria/Haight/Nielsen Properties Stage I Planned Development Prezoning/Development Plan and Annexation Agreement Request 6615 & 6833 Tassajara Road Planning Application # 02-024 INTRODUCTION This Initial Study has been prepared by the City of Dublin to assess whether the potential site-specific environmental effects of the proposed Pinn Brothers Construction, Inc. - Silveria/Haight/Nielsen Properties Stage I Planned Development Prezoning/Development Plan and Annexation request are within those examined in the Program EIR for the East Dublin General Plan Amendment and the Specific Plan, and whether any other circumstances require preparation of a supplemental or subsequent Environmental Impact Report (EIR) under Govt. Code Section 65457 or Pub. Res. Code Section 21166. The analysis is intended to satisfy the requirements of the California Environmental Quality Act (CEQA), and provide the City with adequate information for project review. The analysis is conducted in checklist form, as suggested by the Program EIR. The proposed project consists of a Planned Development Prezoning Stage 1 Development Plan and Annexation request for approximately 260 residences on 105.7 acres. This Initial Study includes a Project Description, Environmental Checklist Form, an Evaluation and Discussion of issues identified in the checklist, and a Determination. PROJECT DESCRIPTION The proposed project consists of a Stage I PD Prezoning and Development Plan and proposal for Annexation to the City of Dublin for approximately 260 homes on 105.7 acres located on the Silveria, Haight and Nielsen properties located south and east of the intersection of Tassajara Road and Fallon Road. The proposed project is located entirely within the East Dublin Specific Plan Area as adopted in October 1996 by the City of Dublin City Council. The applicant intends to request annexation to the City of Dublin through LAFCO as the property lies outside but contiguous with the incorporated City boundary. SUMMARY This Initial Study has resulted in the conclusion that the proposed project would not have any significant effects on the environment beyond those examined in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. A Negative Declaration will not be prepared because the environmental impacts of this project were addressed by the Final EIR for the Eastern Dublin General Plan amendment and Specific Plan (SCH# 91-103064) and addenda. No significant new information has arisen for this project during the preparation of this Initial Study that would require further environmental review. Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 Environmental Checklist Form ~ Initial Study 1. Project title: PA 02-024, Pinn Brothers Construction, Inc. - Silveria/Haight/Nielsen Properties Stage I PD Prezoning/Development Plan and Annexation Agreement Request. 2. Lead agency name and address: City of Dublin, 100 Civic Plaza, Dublin, California, 94568 3. Contact person and phone number: Janet Harbin, Senior Planner, (925) 833-6610 4. Project location: Silveria, Haight and Nielsen properties located .south and east of the intersection of Tassajara Road and Fallon Road, within the East Dublin Specific Plan area (6615 & 6833 Tassajara Road). 5. Assessors Parcel Number(s): 985-2-7-1,985-2-8-2, 985-2-9 6. Project sponsor's name and address: Pinn Brothers Construction, Inc. 1475 S. Saratoga Ave., Suite 250 San Jose, CA 951.29 Attn: Dale Garren 7. General Plan designation: Single Family Residential (0.9 - 6.0 du/ac), Medium Density Residential (6.1 - 14.0 du/ac), Medium-High Density Residential (14.1 -25.0 du/ac), and Rural Residential (1.0 du/100 acres). 8. Zoning: A (Agricultural) 9. Description of project: Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) The proposed project consists of a Stage I PD Prezoning and Development Plan, in conjunction with a request to enter into an Annexation Agreement with the City to develop approximately 260 homes on 105.7 acres located on the Silveria, Haight and Nielsen properties located south and east of the intersection of Tassajara Road and Fallon Road. 10. Surrounding land uses and setting: Briefly describe the project's surroundings: The project site area is lOcated north of Dublin ranch and the Quarry Lane private school on undeveloped land. The lands to the west, north and east are undeveloped at the present time. Property to the west across Tassajara Road is currently under review for a General Plan Amendment, Specific Plan Amendment, and Prezoning for residential land use designation and annexation. Nearby properties in Dublin Ranch, immediately to the south, are being developed for residential purposes at this time. Dublin Community Development Department 2 Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024' :,. ~ i~ ~ 11. Other public agencies whose approval is required: Annexation reqttest requires approval by LAFCO to be finalized. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project and were not examined in the Program EIR, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ~ Aesthetics ~-~ Agriculture Resources ~-1 Air Quality . ~ Biological Resources ~-~ Cultural Resources ~-~ Geology/Soils ~-~ Mineral Resources ~ Noise ~ Population / Housing ~-~ PubliC ServiCes ~ Recreation ·. ~--~ Transportation/Traffic ~-~ Utilities / Service Systems [___J Mandatory Findings of Significance DETERMINATION: (To be completed by the 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 a NEGATIVE DECLARATION will be prepared. [-~ I find that the proposed project COULD NOT have a significant effect on the environment and that a NEGATIVE DECLARATION will NOT BE REQUIRED because, pursuant to Section .65457 (a) of the Government Code, this residential development is undertaken to implement and is consistent with the Eastern Dublin Specific Plan for which an environmental impact report has been certified after January 1, 1980 and is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. No event as speCified in Section:21166 of the Public Resources Code has occurredl The impacts of this project were adequately addressed by the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan (and addenda) that was certified on May 10, 1993 (Resolution 51-93) pursuant to CEQA Guidelines section 15168. (SCH: 91103064), and by the field analysis performed by Leslie Zander of Zander Associates with an update (June 2002) prepared by :Olberding Environmental, Inc. Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 DeveloPment Plan PA 02-024 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 revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared: ~ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ~ I find that the proposed Project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets: An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.  I find that although proposed project could a significant on the have effect the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposetd project, nothing further is required. ' ~' June 28, 2002 Date Janet Harbin, Senior Planner City of Dublin Printed name For' 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 parentheses 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 standards (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 involved, 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) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" 'to a "Less Dublin Community Development Department 4 Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 Than Significant Impact." The ~ead agency must describe the mitigation measures, and briefly explain how . they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). ' 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed inan earlier EIR or negative declaration, .Section !5063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used, Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation. Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A SOurce list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 MISSION PEAK HOIWIES LIN StL VERtA ~ GLEASON DRIVE ,-,, ~-580 $1LVERIA/HAIGHT/NIELSEN PROPERTY VICINITY MAP . · · · ~ ~.. ~,~ ~-,~ ~ 3.9~0' Stage I Site Plan Silveria, Haight & Nielsen Prope~,s Dublin, California Environmental Impacts. The source of determination is listed in parenthesis. See listing of sources used to determine each potential impact at the end of the checklist. A full discussion of each item is found following the checklist Potentially Less Than Less-Than No Significant Significant Significant Impact Impact with Impact Mitigation Incorporation I. AESTHETICS -- Would the.project: X a) Have a substantial adverse effect on a scenic vista? (Source: 2, 9) b) Substantially damage scenic resources, including, but X not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Source: 2, 9) c) Substantially degrade the existing visual character or X quality of the site and its surroundings? (Source: 2, 9) d) Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? (Source: 2, 9)' whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the a) Convert Prime Farmland, Unique Farmland, or X Farmland of Statewide Importance (Farmland), as shOwn on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (Source: 2, 3, 9) b) Conflict with existing zoning for agricultural use, or a X Williamson Act contract? (Source: 2, 3, 9) Dublin Community Development Department Pinn Bros.1Silveria et al Prezoning/Stage t Development Plan PA 02-024 · Potentially Less Than Less Than! No Significant Significant Significanl Impact ImpaCt with Impact Mitigation Incorporation c) Involve other Changes in the existing environment that, X due to their location or nature, could result in conversion o Farmland, to non-agricultural use? (Source: 2, 9) III. AIR QUALITY -- Where aVailable, the significance Criteria establiShed by the applicable air quality Management or air pollution control district may be Relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan?(Source: 3, 9) X b) Violate any air quality standard or contribute X substantially to an existing or projected air quality violation? (Source: 3, 9) c) Result in a cumulatively considerable net increase of X any criteria pollutant for which the project region is non- attainment trader an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (Source: 3, 9) d) Expose sensitive receptors to substantial pollutant X concentrations? (Source: 2, 3, 9) e) Create objectionable odors affecting a substantial X number ofpeople?(Source: 2, 3, 9) a) Have a substantial ~idverse effect, either directly or through habitat modifications, on any species identified as X a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department ofFish and Game or U.S. Fish and Wildlife Service? (Source: 2, 3, 9,10) Dublin Community Development DePartment Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 Potentially Legs~Than LessThan 1~o Significant Significant Significant Impact Impact with Impact Mitigation Incorporation b) Have a substantial adverse effect on any riparian habitat X or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Source: 2, 3, 9,10) c) Have a substantial adverse effect on federally protected X 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: 2, 3, 9,10) d) Interfere substantially with the movement of any native X 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: 2, 3, 9,10) e) Conflict with any local policies or ordinances protecting X biological resources, such as a tree preservation policy or ordinance? (Source: 2, 3, 9,10) f) Conflict with the provisions of an adopted Habitat X Conservation Plan, Natural Community Conservation Plan or other apProved local, regional, or state habitat conservation plan? (Source: 2, 3, 9,10) 17. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? X (Source: 2,3, 9) b) Cause a substantial adverse change in the significance X' of an archaeological resource pursuant to § 15064.5? (Source: 2,3, 9) c) Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? (Source: 2,3, 9 Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation Incorporation d) Disturb any human remains, including those interred X outside of formal cemeteries? (Source: 2,3, 9) VI. GEOLOGY AND SOILS Would the project: :' :~ '~';'~'*:~':~'~:*':~'~ ~ :~.:~.::~,:~:~,~.;~::~,~,~,l,,~,~,.~,~:~ i) Rupt~e of a ~o~ ea~hquake fault, as delineated on X the most recent Alquist-Priolo E~hqu~e Fa~t Zoning Map issued by the State Geologist for the ~ea or based on other subst~tial evidence of a ~own fault? Refer to Division of Mines ~d Geology Special Publication 42. (Source: 1, 2, 3, 9) ii) S~ong seismic ground shaking? (So.ce: 1, 2, 3, 9) X iii) Seismic-related ~o~d fhl~e, including liquefaction? X (Source: 1, 2, 3, 9) iy) Landslides? (Source: 1, 2, 3, 9) X b) Result in subst~tial soil erosion or the loss of topsoil? X (Source: 1, 2, 3, 9) c) Be located on a geologic ~it or soil that is ~stable, or X that would become ~stable as a result of the project, ~d potenti~ly result in on- or off-site l~dslide, lateral spreading, subsidence, liquehction or collapse? (Source: 1, 2, 3, 9) d) Be locmed on expansive soil, as defined in Table 18-1-B X of the Unifo~ Building Code (1994), creating subst~tial risks to life or prope~y? (So.ce: 1, 2, 3, 9) Dublin Community Dev~l°pment Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 Potentially Less Than Less Than No Significant Significant Significanf Impact Impact with Impact Mitigation Incorporation e) Have soils incapable of adequately supporting the use X septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? (Source: 1, 2, 3, 9) VII. HAZARDS AND HAZARDOUS MATERIALS a) Create a significant hazard to the public or the X environment through the routine transport, use, or of hazardous materials? (Source: 2, 3, 9) b) Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Source: 2, 3, 9) c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within X one-quarter mile of an existing or proposed school? (Source: 1, 3, 9) d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to X Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Source: 2, 3, 9) e) For a project located within an airport land use plan X or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (Source: 1, 3, 9) f) For a project within the vicinity of a private airstrip, X would the project result in a safety hazard for people residing or working in the project area? (Source: 1, 3, 9) g) Impair implementation of or physically interfere with X an adopted emergency response plan or emergency evacuation plan? (Source: 2, 3, 9) Dublin Community Development Department z 0 Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 Potentially Less £han Less Than No ' Significant Significant Significant Impact Impact with Impact Mitigation. Incorporation h) EXpose people or structures to a significant risk of loss, X injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Source: 2, 9) VIII. HYDROLOGY AND WATER QUALITY - a) Violate any water quality standards or waste discharge X requirements? (Source: 2, 3, 9) b) Substantially deplete groundwater supplies or interfere X 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 pre-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: 2,3,9 c) Substantially alter the existing drainage pattern of the site or area, inclUding through the alteration of the X course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? (Source: 2, 3, 9) d) Substantially alter the existing drainage pattern of the X site or area, including through the alteration of the course of a stream or river, of substantially increase the , · rate or amount of surface runoff in a manner which would result in flooding on- or off-site? (Source: 2, 3, 9) . e) Create or contribute runoff water which would exceed the capacity of exiSting or planned stormwater drainage :5:1 X systems or provide substantial additional sources of polluted runofff?. (Source: '2, 3, 9) f) Otherwise substantially degrade water quality? X (Source: 2, 3, 9) Dublin Community Development Department Pinn BrOs./Silveria et al Prezoning/Stage 1 Development PIan PA 02-024 Potentially LessThan LessThan No Significant Significant Significant Impact Impact with Impact Mitigation Incorporation g) Place housing within a 100-year flood hazard area as X mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map (Source: 2, 3, 9) h) Place within a 100-year flood hazard area structures X that would impede or redirect flood flows? (Source: 2, 3, 9 i) Expose people or structures to a significant risk of loss, X injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (Source: 2, 3, 9) j) Inundation by seiche, tsunami, or mudflow? X (Source: 1, 9) IX. LAND USE AND PLANNING - Would the project ~ ~¢ ~: a) Physically divide an established community? X (Source: 1, 2, 3, 4, 5, 9) b) Conflict with any applicable land use plan, policy, or X regulation of an agency with jurisdiction over the project (including, but not' limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Source: 1, 2, 3, 4, 5, 9) c) Conflict with any applicable habitat conservation plan X or natural community conservation plan? (Source: 1,2,3,4,5, 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 X residents of the state? (Source: 2, 3, 9) b) Result in the loss of availability of a locally-important X mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Source: 2, 3, 9) Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 XI. NOISE ' WoUld the project result in: ~ '~ ~ .......... ~ :~ ~?-, a) Expos~e of persons to or generation of noise leVels in excess of smd~ds established in the local gener~ plan X or noise ordin~ce, or applicable stand, ds of other agencies? (Source: 2, 4, 9) b) Expos~e of persons to or generation of excessive gro~dbome vibration or gro~dbome noise levels? X (Somce: 2, 4, 9) c) A subst~tial pe~ent increase in mbient noise levels in the project vicinity above levels existing without X the prQect? (Source: 2, 4,9) d) A subst~tial tempor~ or periodic increase in X mbient noise levels in the project vicinity above levels existing Mthout the prQect? (So.ce: 2, 4, 9) e) For a prQect located within ~ ai¢on l~d use plan X or, where such a pl~ has not been adopted, within two miles of a public ai~o~ or public use ~o~, would the project expose people residing or working in the prQect ~ea to excessive noise levels? (Source: 1, 9) 0 For a prQect withn the vicinity of a private airstrip, X would the project expose people residing or working in the project ~ea to excessive noise levels? (So.ce: 1, 9) ~I. POPULATION AND HOUSING - ,~;~;~:~::~:~:: ~;;x'~;&;'~ ,. :~?~ ;~s~ ~:: :*~:*:~ a) Induce sUbstantial population gro~h in ~ ~ea, either directly (for exmple, by proposing new homes ~d X businesses) or indirectly (for example, t~ough extension of roads or other infras~c~e)? (Source: 2, 3, 9) b) Displace substantial nmbers of existing housing, X necessitating the construction of replacement housing elsewhere? (Somce: 1, 2, 9) c) Displace substantial n~bers of people, necessitating the construction of rePlacement housing elsewhere? X (Source: 1, 2, 3, 9) ~ ~ Dublin Community Development Depa~ment z3 Pi~ Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered gove~ental facilities, need for new or physically altered gove~ental hcilities, the construction of which could cause significant enviromental impacts, in order to maintain acceptable se~ice ratios, response times or other performance objectives for ~y of the public se~ices: Fire Protection? (So.ce: 2. 3.9) Police Protection? (So.ce: 2.3.9) Schools? (So.ce: 2. 3.9) P~ks? (Source: 2.3.9) Other Public Facilities? (So.ce: 2. 3.9) a) Would the project increase the use of existing neighborhood ~d regional parks or other recreational facilities such that subst~tial physical deterioration of ~e facility would occur or be accelerated? (So.ce: 2, 3, 9 b) Does the project include recreational facilities or require the construction or exp~sion of recreational facilities which might have ~ adverse physic~ effect on the enviroment? (Source: 2, 3, 9) Would the project: a) Cause ~ increase in traffic which is substantial in relation to the existing traffic load ~d capaci~ of the street system (i.e., result in a subst~tial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at imersections)? (So.ce: 2, 3, 9) Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development P!an PA 02-024 b) Exceed, either individually or cumulatively, a level of X service standard established by the county congestion management agency for designated roads or highways? (Source: 2, 3, 9) c) Result in a change in air traffic patterns, including · X either an increase in traffic levels or a change in location that results' in substantial safety risks? (Source: 1, 9) d) Substantially increase hazards due to a design feature X (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Source: 2, 3, 9) e) Result in inadequate emergency access? (Source: 2, 3, 9 X f) Result in inadequate parking capacity? (Source: 2, 3, 9) X g) Conflict with adopted policies, plans, or programs X supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Source: 2, 3, 9) XVI. UTILITIES AND SERVICE SYSTEMS · a) Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? (Source: 2, 3, 9) b) Require or resUlt in the construction of new water or X wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Source: 2, 3, 9) c) ReqUire Or result in the construction of new storm X water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Source: 2, 3, 9) d) Have sufficient water supplies available to serve the X project from existing entitlements and resources, or are new or expanded entitlements needed? (Source: 2, 3, 9) Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 e) Result in a determination by the wastewater treafrnent provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (Source: 2, 3, 9) f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (Source: 2, 3, 9) g) Comply with federal, state, and local statutes and regulations related to solid waste? (Source: 2, 3, 9) X¥II. MANDATORY FINDINGS OF SIGNIFICANC a) Does the project have the potential to degrade the qualit 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 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? (Source: 2, 3, 9,10) b) Does the project have impacts that are individually X 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)? (Source: 2, 3, 9,10) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? (Source: 2,3,9) Sources used to determine potential environmental impacts: 1. Determination based on location of project. 2. Site Visit 3. Determination based on Staff project review. 4. Determination based on the City of Dublin General Plan. 5. Determination based on the City of Dublin Zoning Ordinance. 6. Geotechnical Investigation Report prepared by Twining Laboratories, Inc. (July 29, 1999). 7. Traffic analysis prepared by Omni Means (January, 2000). Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 8. Communication with approPriate City or Agency personnel. 9. Program EIR for East Dublin General Plan Amendment and Specific Plan (SCH# 91-103064) and addenda. 10. Biological Resources Assessment prepared by Zander Associates dated March 27, 2001, and updated assessment for Potential Dispersal Corridors for Red-Legged Frog prepared by Olberding Environmental, In dated June 18, 2002. Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 ENVIRONMENTAL CHECKLIST RESPONSES AND ANALYSIS The £ollowing discussion includes explanations of answers to the above questions regarding potential environmental impacts, as indicated on the preceding checklist. Each subsection is annotated with the number corresponding to the checklist form. EXISTING SETTING: The project site area is located within the East Dublin Specific Plan area on a 105.7 acre parcel. The site surrounded by open space and single-family residential uses. The site is bounded on the west by Tassajara Road, on the north by the undeveloped Mission Peak property, the east by the undeveloped Redgewick property and to the south by the Lin (Dublin Ranch) and Quarry Lane School properties. Attachment to Pinn Brothers Construction, Inc. - Silveria/Haight/Nielsen Properties Stage 1 PD Prezoning/Development Plan & Annexation Request Planning Application # 02-024 · Discussion of Checklist/Legend PS: Potentially Significant Impact LS/M: Less Than Significant with Mitigation Incorporation LS: Less Than Significant Impact NI: No Impact I. AESTHETICS Environmental Setting The land composing the project site consists of the 91.04 acre Silveria property, the 2.42 acre Haight property and the 10.0 acre Nielsen property. The combined acreage of the project site is approximately 105.7 acres. The site is located within the East Dublin Specific Plan area, which includes an extension of Fallon Road and an expansion of Tassajara Road in and near the site. The future Fallon Road, an extension of the existing Fallon Road alignment, divides the project into two development areas north and south of Fallon Road. The site is characterized by moderate to steeply sloping terrain (5% to 40% slopes). The Silveria and Haight properties are currently used for grazing purposes. The Nielsen property is used for a single residence which will is proposed to remain. The Nielsen property will not be further developed. The site is bounded on the west by Tassajara Road, on the north by the Mission Peak Co. property, the east by the Redgewick property and to the south by the Lin (Dublin Ranch) and Quarry Lane School properties. Both Fallon Road and Tassajara Road~are designated as Scenic Corridors by the Eastern Dublin Scenic Corridor Policies and Standards (Scenic Corridor Plan) prepared by Gates and Associates in April 1996. Phase 1 of the project lies within Zone 4 or the "Tassajara Village" area of the Scenic Corridor Plan. The Scenic Corridor Plan seeks to maintain view corridors to surrounding knolls by clustering development. Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 Impacts Phase 1 of the Stage 1 Prezoning/Development Plan shows medium high density and medium density residential designations on the development plan that will allow the second stage of the development plan (Stage 2) to cluster approximately 208 units adjacent to the south side of the Tassajara Road/FallQn Road intersection. Approximately 50 single-family residential units would. be clustered on the north side 'of the intersection to fit the terrain. The clustering of development preserves views to surrounding knolls as required by the Scenic Corridor Plan and minimizes grading and development impacts to the land and to scenic vistas. The development will use revegetation, contour grading with gradual transition to the natural slope and berming as necessary to minimize the visual impacts of grading. Most development is hidden behind ridgelines. The slopes are primarily under 30% slope with 1.5 acres in slopes over 30% which conforms to Policy 6.42 of the Specific Plan. The Stage 1 Prezoning/Development Plan clearly states that the visual impacts of the proposed grading will not be greater than for the development envelope shown in the Specific Plan. All development will remain outside the golden eagle viewshed area as required by the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan, and will not affect habitat area or dispersion habitat areas of the red-legged frog according to studies/surveys prepared for the project site. Impacts to scenic vistas will be minimal pursuant to project design which will be further refined at the subsequent Stage 2 of the Development Plan. No scenic resources, significant vegetation or, historic buildings will be impacted. Clustering of development with the contours of the site terrain will avoid impacts to scenic corridors. Visual impact will be minimized by clustering and by the use of attractive residential design and landscaping. The single-family dwellings will not be a source of substantial light or glare which would adversely affect day or nighttime views in the area. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. a) Have a SUbstantial adverse effect on a scenic vista? LS, beyond those examined in the Program EIR for the East Dublin General Plan and Specific Plan General Plan Amendment and Specific Plan. See Project Impacts above. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. See Project Impacts above. c) Substantially degrade the existing visual character or quality of the site and its surroundings? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. See Project Impacts above. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. See Project Impacts above. Dublin Community Development Department Pirm Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 II. AGRICULTURE RESOURt_,ES Environmental Setting The project site is classified as "Grazing Land" by the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation. This information is Shown on a map titled "Alameda County Important Farmland 1992" prepared by the California Resources Agency. The Grazing Land category identified land on which the existing vegetation is suited to the grazing of livestock. Prqiect Impacts The site is not Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. The site has been used for religious and educational purposes since 1979. There are no Williamson Act contracts on any of the properties proposed for annexation and development. There is no important farmland on the site to be converted to non-agricultural uses. a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? NI, beyond those examined in the Program EIR for the East Dublin General Plan and Specific Plan General Plan Amendment and Specific Plan. The project site is classified as "Grazing land", therefore no Prime Farmland, Unique Farmland, or Farmland of Statewide Importance will be converted. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? NI, beyond those examined in the Program EIR for the East Dublin General Plan and Specific Plan General Plan Amendment and Specific Plan. See Project Impacts above. c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? NI, beyond those examined in the Program EIR for the East Dublin General Plan and Specific Plan General Plan Amendment and Specific Plan. See Project Impacts above. III. AIR QUALITY Environmental Setting The project site is located within the Tri-Valley area, a sheltered, inland area surrounded by hills to the west, south and east. Most of the airfloW into the southern portions of the Valley is accomplished through only two gaps in the hills: the Hayward and Niles canyons. Local wind data show the frequent occurrence of Iow wind speed and calm conditions (the latter approximately 23 percent of the time). These local limitations on the capacity for horizontal dispersion of air pollutants combined with the regional characteristic of restricted vertical dispersion give the area a high potential for regional air quality problems. prqject Impacts a) Conflict with or obstruct implementation of the applicable air quality plan? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. Construction of the proposed project will add additional vehicular traffic to this portion of Dublin. These additional vehicles will generate quantities of carbon monoxide, reactive organic gasses, Dublin Community Development Department Pirm Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 nitrous oxide, sulfur dioxide and pa.,tculate matter (PM10). However, the l~,~.~tion of the proposed project near major regional transportation corridors (I-680 and Dublin Boulevard), and the fact that the proposed project is a residential project which conforms with the City's General Plan and the East Dublin Specific Plan results in conformity with the Bay Area Air Quality Management District's Clean Air Plan. No objectionable odors will be created from the residential use of the site and the proposed development. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan, Potential air quality impacts can be divided into short-term, construction related impacts and long-term operational impacts associated with the project. In terms of short-term construction-related impacts, it is anticipated that the project would generate temporary increases in dust and particulate matter caused by minor site excavation and grading activities. Construction vehicle equipment on unpaved s~faces also generates dust as would wind blowing over exposed earth surfaces. Generalized estimates of construction air emissions include approximately 1.2 tons of dust per acre per month of construction activity. About 45 percent of construction-related dust is composed of large particles that settle rapidly on nearby surfaces and are easily filtered by human breathing patterns. The remainder of dust consists of small particles (also known as PM10). The City requires the implementation of a Construction Impact Reduction Plan as a'standard condition of approval that will reduce the short-term impacts to this issue to a level of insignificance. Construction of the proposed project will add 2,479 vehicular trips per day to this portion of Dublin in the long term. These additional vehicles will generate quantities of carbon monoxide, reactive organic gasses, nitrous oxide, sulfur dioxide and particulate matter (PM10). However, the location of the proposed project near maj or regional transportation corridors (1-580 and Tassajara Road and Fallon Road), the fact that the proposed project produces less than 2500 trips per day, and the fact that many of the trips to the project are multi-purpose trips means that the project will have less than significant long term impacts to this issue. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan. Amendment and Specific Plan. 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 that exceed quantitative thresholds for ozone precursors)? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project will create 2,479 trips per day. The amounts of ozone contributed per day by this in-fill project will not be cumulatively significant due to the small number of trips per day. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment .and Specific Plan. d) Expose sensitive receptors to substantial pollutant concentrations? NI, beyond those examined in the Program EIR for the East Dublin General Plan and Specific Plan General Plan Amendment and Specific Plan. As stated in III-b above, the impacts to air quality of the project will be less than significant both on the long and short term. The project, if approved and constructed, would add an anticipated 2,479 vehicular triPs to the project site. This increase in vehicular trips is minor considering the fact that many of the trips are multi-purpose trips. It is unlikely that the project would expose additional sensitive receptors, future customers, to insignificantly higher Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 concentrations of vehicle related pollutants. Any impacts to this issue would ~)e less than significant. e) Create objectionable odors affecting a substantial number of people? NI, beyond those examined in the Program EIR for the East Dublin General Plan and Specific Plan General Plan Amendment and Specific Plan. See "Project Impacts" above. IV. BIOLOGICAL RESOURCES Environmental Setting Leslie Zander of Zander Associates completed a Biological Resources Assessment of the Silveria/Haight/Nielsen property in March 2001 to assess biological resources, primarily golden eagles, red- legged frogs, tiger salamander and the San Joaquin kit fox, and potential habitat areas. That assessment determined that existing biological resources on the subject property are essentially as described in previous documents including the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan, and no biological resources or habitat areas exist on the site. The study determined lhat the development area is outside the Golden Eagle Protection Zone. The project proposes no development within 100 feet of riparian vegetation or pools on the neighboring property to the south of the project site. Additionally, an updated ' assessment was prepared by Olberding Environmental, Inc. in June 2002 which determined that no potential dispersal habitat for the red-legged frog exists on the subject properties. The project will comply with the requirements of all regulatory agencies having jurisdiction over biological resources and the project. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. Project Impacts There are no project related enVironmental impacts to biological resources. a) Have a substantial adverse effect, either directly or 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 ofFish and Game or U.S. Fish and Wildlife Service? NI, beyond those examined in the Program EIR for the East Dublin General Plan and Specific Plan General Plan Amefidment and Specific Plan. No such species have been observed on the site based on field observations conducted in March 1999, February 2000, February 2001, and June 2002. These impacts Were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. 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 ofFish and Game or US Fish and Wildlife Service? NI, beyond those examined in the Program EIR for the East Dublin General 'Plan and Specific Plan General Plan Amendment and Specific Plan. No riparian habitat or sensitive natural communities exist on the project site or are included in any plan, policy or regulations 'of a local agency or the CDF or USF&WS. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. c) Have a substantial adverse effect 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? NI, beyond those examined in the Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 Program EIR for the East Dublin General Plan and Specific Plan General Plan Amendment and Specific Plan. No federally protected wetlands exist on the project site. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. 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? NI, beyond those examined in the Program EIR for the East Dublin General Plan and Specific Plan General Plan Amendment and Specific Plan. There are no native resident or migratory fish or wildlife species or wildlife or migration corridors on site. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan according to surveys completed by wildlife biologists. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? NI, beyond those examined in the Program EIR for the East Dublin General Plan and Specific Plan General Plan Amen~ent and Specific Plan. No heritage trees exist on the project site. No biological resources exist on the project site. These impacts were also addressed in the Program EIR for the Eastern Dublin General P!~ ~endment ~d Specific Plan. f) Conflict with the provisions of an.adopted Habitat Conservation Plan, Natural Community Conservation Plan or other apprOved local, regional, or state habitat conservation plan? NI, beyond those examined in the Program EIR for the East Dublin General Plan and Specific Plan General Plan Amendment and Specific Plan. There is no adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional or state conservation plan applicable to the project site. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. V. CULTURAL RESOURCES Environmental Setting The project site is grazing land with a single-family home, proposed to remain, that is not historically significant. No cultural resources were identified by the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan Project Impacts a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. No historical, archaeological, paleontological, or human remains resources remain on 'the graded surface of the site. Any such resources buried under the ground surface would be re- buffed by the project. The possibility exists that such resources could be buried on the site. The Eastern Dublin General Plan Amendment and Specific Plan contains mitigation measures that adequately address these potential impacts. b) Cause a substantial adverse' change in the significance of an archaeological resource pursuant to §15064.5? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. Dublin Community Development Department 2~ Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. e) Disturb any human remains, including those interred outside of formal cemeteries? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. These impacts.~were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. VI. GEOLOGY AND SOILS Environmental Setting The site lies within the San Ramon Valley, in the eastern portion of Dublin and toward the northern Alameda County boundary with Contra Costa County. According to historic geologic studies in the area, the site is underlain by poorly.consolidated, non-marine deposit sedimentary rocks of the Tassaj ara Formation. The geotechnical investigation report prepared for the project indicates that the site is not within an Alquist-Priolo Fault Zone (1982). There are no mapped faults which are known to traverse the site, the closest Alquist-Priolo Fault Zone is the Calaveras Fault located along San Ramon Road apProximately one-quarter mile to the west. The next nearest active seismic faults include the Hayward and the San Andreas Faults which are located approximately' 12 miles .southwest, and 30 miles west-southwest, respectively. The closest potentially active faults include the (1) Verona, which is located approximately 4 miles to the south, and (2) the Las Positas, which is located approximately 8 miles to the southeast. All grading for the project will be required to conform to the requirements of the City of Dublin. Prqiect Impacts 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 Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The risk of fault rupture on the site is anticipated to be low, since the nearest knoTM active or potentially active faults lie a minimum of four and one- half miles to the West. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. ii) Strong seismic ground shaking? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The site as well as the encompassing region is subject to severe ground, shaking from a number of active and potentially active faults in the greater Bay Area, including the Hayward fault, San Andreas fault and Calaveras fault. The ground shaking issue is less than significant for this project because it will adhere to the Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 requirements of the Uniform Building Code. These impacts were also addressed in the ,q// Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. iii) Seismic-related ground failure, including liquefaction? LS. Routine enforcement of provisions of the 1997 Uniform Building Code and recommendations contained in the geotechnical report prepared for the project will serve to reduce potential impacts of seismic ground failure to a less than significant level. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. iv) Landslides? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The enforcement of the City of Dublin Grading Ordinance will ensure that any potential impacts from landslides or mudflows would be considered less than significant. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. b) Result in substantial soil erosion or the loss of topsoil? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. There will be no erosion of topsoil because the site will be developed pursuant to City of Dublin Best Management Practices. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. 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- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project will be graded pursuant to the City of Dublin Grading Ordinance and City of Dublin Best Management Practices ensuring that landslides, lateral spreading, subsidence, liquefaction or collapse will not occur. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project will be graded pursuant to the City of Dublin Grading Ordinance and City of Dublin Best Management Practices ensuring that all issues arising dUe to expansive soil will be properly addressed. This will reduce any impacts to this issue to a level of less than significant. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wasteWater? NI. The project site will be served for wastewater disposal by the Dublin San Ramon Services District. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 VII. HAZARDS AND HAZARDOUS MATERIALS Environmental Setting The site of the proposed project has historically been used only for grazing purposes and therefore no hazardous materials are stored or transported across the property. The proposed residences will use materials typical of residential areas. Project Impacts a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project is a residential development. The proposed residences will use materials typical of residential areas. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project is a residential development. The proposed residences will use materials typical of residential areas. These impacts were also addressed in the Program EIR for the Eastern Dublin General plan Amendment and Specific Plan. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project is a residential development. The proposed residences will use materials typical of residential areas. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? NI, beyond those examined in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project site is not located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. 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 result in a safety hazard for people residing or working in the project site? NI, beyond those examined in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project site is not located within an airport land use plan or within two miles of a public airport or public use airport. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project site? NI, beyond those examined in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project site is' not located within the vicinity of a private airstrip. Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? LS, beyond those examined in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project is adjacent to Tassajara Road and Fallon Road which are currently two-lane roadways, but are planned in the future to be four- or six-lane facilities. The project will not impair access to or along these roadways. 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 w/th wildlands? NI, beyond those examined in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project will conform to the City of Dubtin Wildfire Management Plan. VIII. HYDROLOGY AND WATER QUALITY Environmental Setting No surface water exists on the site. All runoffin the vicinity is directed to Tassajara Creek. There are no creeks or open waters on the site. The entire Tri-Valley area is underlain by an extensive underground aquifer. The aquifer ranges in depth between 15 and 500 feet but is no longer used as the primary source of domestic water in the area. Zone 7 of the Alameda County Flood Control and Water Conservation District is presently finalizing plans to store treated wastewater within the aquifer during winter months, which will be pumped out and used for landscape irrigation. during dry, summer months. Proiect Impacts a) Would the project violate any water quality standards or waste discharge requirements? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project conforms to Zone 7 requirements and will meet the water quality requirements of the City of Dublin's NPDES permit and the Alameda County Urban Runoff Clean Water Program. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. b) Would the project 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 pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. 'The project will be served with Water by the Dublin San Ramon Services District and will therefore not deplete groundwater resources on or near the project. Impervious surfaces will be constructed ant will be meet the requirements of Zone 7. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? NI, beyond those examined in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. There are no watercourses or drainage Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 patterns in the vicinity of the projeCt. These impacts were also addressed in the Program EIR for the ~ f'/~ Eastern Dublin General Plan Amendment and Specific Plan. d) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off-site? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project grading will not alter the course of a stream or river and will conform to the City of Dublin' NPDES Permit and Best Management Practices. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. e) Would the project 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?. LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The local stormwater drainage system has the capacity to handle the anticipated runoff from this project. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment.and Specific Plan. f) Would the project otherwise substantially degrade water quality? LS, as referenced in the Program EIR for the East Dublin General .Plan Amendment and Specific Plan. The project will utilize storm drainage faCilities in Tassajara Road and Fallon Road rather than discharge into surface waters and will therefore have no water quality impacts. The project will meet the wate~ quality requirements of the City of Dublin's NPDES permit and the Alameda County Urban Runoff Clean Water Program. g)~ Would the project place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? NI, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. This project will not place housing within a 100Year flood hazard area. h) Would the project place within a 100-year flood hazard area structures which would impede or redirect flood flows? NI. The project lies well above Tassajara Creek and therefore will not place structures within a 100-year flood hazard area which would impede or redirect flood flows. i) Would the project expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? NI. There would be no such exposure because the development will lie well above 100-year flood hazard area j) Would the project expose people or structures to a significant risk of loss, injury or death involving inundation by seiche, tsunami, or mudflow? NI. There are no bodies of water located nearby which could be a source of seiche, tsunami or mudflow hazard. Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 IX. LAND USE AND PLANNING ~5 ~/fffl-~D Environmental Setting The land composing the project site consists of the 91.04 acre Silveria property, the 2.42 acre Haight property and the 10.0 acre Nielsen property. The combined acreage of the project site is approximately 106 acres. The future Fallon ROad, an extension of the existing roadway as shown in the East Dublin Specific Plan, will divide the project into two development areas north and south of the roadway alignment. The site is characterized by moderate to steeply sloping terrain (5% to 40% slopes). The Silveria and Haight properties are currently used for grazing purposes. The Nielsen property is used for a single residence which will remain. The Nielsen property will not be developed. The site is bounded onthe west by Tassajara Road, on the north by the Mission Peak property, the east by the Redgewick property and to the south by the Lin and Quarry Lane School properties. Project Impacts a) Physically divide an established community? NI. The project consists development of vacant grazing land and will therefore not divide an established community. c) 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, local Coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? NI. The Dublin General Plan and the East Dubhn Specific Plan designate the site as Single Family Residential, Medium Density Residential and Medium High Density Residential. The proposed development is consistent with those land use designations by proposing to develop approximately 208 new Medium.Dengity and Medium High Density residential units, and approximately 50 new Single Family gdsidential units. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? NI. There is no habitat conservation plan or natural community preservation plan that applies to the project site or the vicinity. X. MINERAL RESOURCES Environmental Setting ' The project site is vacant grazing land. The project site contains no known mineral res0urges. This impact was also addressed in the Program EIR for the Eastern DUblin General Plan Amendment and Specific Plan. Project Impacts 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? NI. There areno ~0~ mineral respurges 9n ~e subject prOperty. 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? NI. The Conservation Element of the General Plan does not reference any significant mineral resources in the project site. Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 Environmental Setting The General Plan identifies that the normally acceptable maximum outdoor Ldn noise level is 60 dBA for residential areas, while interior areas have a maximum noise level of 45 dBA. The proposed project wilt be located in a rural area adjacent Tassajara Road and Fallon Road. Normal construction techniques and the use of sound walls will insure that these standards are met. Project Impacts a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project will not result in the exposure of people to severe noise levels. Normal residential construction techniques and the use of sound walls will insure that persons will not be exposed to noise levels in excess of 60 dBA. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. b) Exposure of persons to or generation of excessive groundbome vibration or groundborne noise levels? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The proposed residential development will not generate vibrations that will be transmitted to the ground. This impact was also'addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. Normal residential construction techniques and the use of sound walls will insure that persons will not be exposed to noise levels in excess of 60 dBA. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? LS. The project will not result in the exposure of people to severe noise levels. Normal residential construction techniques and the use of sound walls will insure that persons will not be exposed to noise levels in excess Of 60 dBA. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. The Construction Noise Management Program/Construction Impact Reduction Plan required as a condition of approval of the project will ensure that temporary construction noises will be reduced to a level of less than significant. 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 in the project site to excessive noise levels? NI. This project site is not within an airport land use plan or within two miles of a public airport or public use airport. f) For a project within the vicinity ora private airstrip, would the project expose people residing or working in the project site to excessive noise levels? NI. This project site is not within the vicinity of a private airstrip. Dublin Community Development Department 30 Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 XII. POPULATION AND HOUSING Environmental Setting The city population as of January 1, 2001 was estimated by the State Department of Finance to be 32,570. Significant population growth is anticipated for the community based on planned residential growth in east Dublin, where the City has approved a specific plan calling for residential growth. According to the Association of Bay Area Governments (ABAG), the total population of Dublin is expected to increase to 49,400 by the year 2005 and 58,900 in the year 2010. This ~mPact was also .addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. Proiect Impacts a) 'Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project proposes homes in areas proposed for residential development in the Eastern Dublin Specific Plan at densities substantially below the mid-range of densities proposed on that plan, thereby introducing a lower population into the area. Existing roadways adjacent the project will bet widened pursuant to that plan and its Program EIR. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? NI. The project site is a vacant area used for grazing that contains no housing. c) Displace substantial numbers of people, necessitating the Construction of replacement housing elsewhere? NI. The project site is a vacant area used for grazing that contains no housing. XIII. PUBLIC SERVICES Environmental Setting The project site is served by the following service providers: · Fire Protection. Fire protection is provided by the Alameda County Fire Department, under contract to the City of Dublin, which provides structural fire suppression, rescue, hazardous materials control and public education services. · Police Protection. Police protection is provided by the Alameda County Sheriff, under contract to the City of Dublin. The Department, which maintains a sworn staff of 31 officers, performs a range of public safety services including patrol, investigation, traffic safety and public education. · Schools. Educational facilities are proVided by the Dublin Unified School District that operates kindergarten through high schoOl services within the community. Schools which would serve the project include Dublin High School (grades 9-12) and Wells Middle School (graded 6-8). Grades K-5 could be served by one of three elementary schools within the District. · Maintenance. The City of Dublin provides public facility maintenance, including roads, parks, street trees and other public facilities. Dublin's Civic Center is located at 100 Civic Plaza. Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 · Other governmental services. Other governmental services are provided by the City of Dublin including community development and building services and related governmental services. Library service is provided by the Alameda County Library with supplemental funding by the City of Dublin. The City of Dublin has adopted a Public Facilities Fee for all new residential development in the community for the purpose of financing new municipal public facilities needed by such development. Facilities anticipated to be funded by the proposed fee would include completion of the Civic Center Complex, construction of a new library, expansion of the existing senior center, acquisition and development of new community and neighborhood parks and similar municipal buildings and facilities. The applicant would be required to pay this fee in accordance with State law which determines the maximum amount of school fees. Project Impacts a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire Protection? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. According to representatives of the Fire Department, the proposed project lies within 5 miles of the fire station located adjacent the Santa Rita Jail. A typical response time of less than five minutes is anticipated. As part of the site development review process, specific fire protection requirements will be imposed on the development to ensure compliance with applicable provisions of the Uniform Fire Code. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. Police Protection? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The Dublin Police Services can adequately protect this project. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. Schools? NI. The Dublin Unified School District will have sufficient facilities in the eastern Dublin area to provide educational services for a residential development with 259' homes by the time they are occupied. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. The applicant will be required to pay school impact mitigation fees determined by State law. Parks? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. This project is a residential project. The developer will pay the Public Facilities Fee that pays for parks among other services which will reduce any impacts to parks to a level of less than significant. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. Other Public Facilities? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project would represent incremental increases in the demand for general governmental Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 services. Payment of the City's Pumic Facility Fee would offset any impacts 5aused by the project. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. XIV. RECREATION Environmental Setting City parks closest to the project site include Emerald Glen Park and the Dublin Sports Grounds. Project Impacts a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The applicant will be required to pay a Public Facilities Fee to the City of Dublin, which includes a contribution toward construction of new parks in the city. This impact was also addressed in the program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? NI, as referenced in the Program EIR for the East Dublin General Plan A~endment and Specific Plan. The project is a residential project. The applicant will be required to pay a Public Facilities Fee to the City of Dublin which includes a contribution toward construction of new park and recreation facilities in the city. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. XV. TRANSPORTATION/TRAFFIC Environmental Setting The project is served by Interstate 580, Tassajara Road and Fallon Road. The project proposes approximately 259 dwelling units in a development area that is allowed 372 dwelling units by the Eastern Dublin Specific Plan at the mid-point of the density range. A Traffic Study was performed for this project by TJKM, transportation consultants in July 1999, and revised in October 2000. That study found that 220 units would generate 2,123 daily trips, 570 trips during the A.M. peak hour and 539 trips during the P.M. peak hour. The additional units (39) proposed by the currently project proposal would increase the number of daily trips during each time period up to a total of 2,479 daily trips. At the Stage 2 Development Plan phase, an updated traffic analysis will be required to ensure that all necessary mitigation measures are incorporated in the project, and adequate traffic mitigation fees are assessed. As the Eastern Dublin Specific Plan and the related Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan evaluated the traffic impacts of a development on the project site of up to approximately 372 dwelling units, the traffic generated by the Pinn Brothers project would be less than considered in the original plan. The project will, therefore, generate significantly less traffic than the land uses permitted by the Eastern Dublin Specific Plan and addressed by the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. General Plan Transportation Policy Framework Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 The General Plan measures and evaLUates traffic congestion conditions of thc roadway network by using intersection leVel of service ("LOS") analysis. The LOS analysis describes the operational efficiency of an intersection by comparing the volume of critical traffic movements to intersection capacity and determining average delays~ LOS can range from "A," representing free-flowing conditions, to "F," representing very severe congestion and intersection breakdown. The General Plan adopts LOS D or better as the acceptable LOS for all routes of regional significance (these routes include: Dublin Blvd., Dougherty Rd., Tassajara Rd., and San Ramon Rd.). Development and road improvements should be phased so that the LOS does not deteriorate below LOS D (V/C .91 or greater) (General Plan Guiding Policies 5.1.1B and C). Significance Criteria Based upon General Plan policies, an intersection impact is considered significant if it causes the overall intersection LOS, or a movement LOS in the intersection, to fall below LOS D. Proiect Impacts Would the project: a) Cause an increase in traffic that 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 rati° on roads, or congestion at intersections LS. The proposed project would increase vehicle trips and traffic congestion in the local roadway network, which could deteriorate existing levels of service on some affected. roadways. As discussed in the Program EIR, Tassajara Road will be widened by the developer and other developers or the City to four- or six-lanes between Fallon Road and North Dublin Ranch Drive. If the City implements this improvement, the developer will be required to pay the project's fair-share of the cost of the improvement. Additionally, the developer will be required to the project's fair-share toward improvements at the 1-580/Tassajara Road interchange. This will mitigate the traffic impacts of this project. As stated above, the 259 dwelling unit development is significantly less than the 372 dwelling unit development allowed on the site than the Eastern Dublin Specific Plan. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. TJKM has found that the project will not result in level of service standards exceeding LOS D, the maximum LOS permitted by the City. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. 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? NI, beyond those examined in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project is not sited near an airport~ This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections). LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. There are not design features of the project that would increase hazards. Dublin Community Development Department 34 Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 e) Result in inadequate emergency access? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. Adequate access to the development will be provided via Interstate 580, Tassajara Road and Fallon Road. These roadways provide adequate emergency access for the region. Emergency access to the site will also be further evaluated at the next stage of the Development Plan process when the specific location of the individual lots is known. The development of 259 dwelling units will not result in inadequate emergency access to these roadways because it will be responsible for adequate improvements on Tassajara Road and Fallon Road along the roadway frontages. f) Result in inadequate parking capacity? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The multi-family and single-family residential development project will be required to provide sufficient parking on site for each unit and will not result in inadequate parking capacity. g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. Bus turnouts will provided along the Tassajara Road and Fallon Road to the satisfaction of WHEELS. XVI. UTILITIES AND SERVICE SYSTEMS Environmental Setting The project site is served by the following service providers: · Electrical and natural gas power: Pacific Gas and Electric Company · Communications: Pacific Bell Water supply and sewage treatment: Dublin San Ramon SerVices District · Storm drainage: City of Dublin · Solid waste disposal: Dublin-LiVermore Disposal Company · Cable Television: TCI Project Impacts Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. Sewer services are provided to the development by DSRSD. Untreated effluent would be transported to DSRSD's Regional Treatment Plant in Pleasanton for treatment prior to being discharged into the East Bay Discharge Authority's outfall line for eventual disposal into San Francisco Bay. DSRSD officials indicate that adequate capacity exists within the regional treatment facility to accommodate this project. The project proposes 259 dwelling units rather than the 372 units permitted by the Eastern Dublin Specific Plan. This will result in less Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 use of water and generation of was~,~'Water than addressed in the Program EI~, for the Eastern Dublin General Plan Amendment and Specific Plan. 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? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. Water and wastewater services are provided to the development by the Dublin San Ramon Services District (DSRSD). As stated above, the project proposes 259 dwelling units rather than the 372 units permitted by the Eastern Dublin Specific Plan. This will result in less use of water and generation of wastewater than addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. No expansion of facilities will be required because of 'this project. 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? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. As stated above, the project proposes 259 dwelling units rather than the 372 units permitted by the Eastern Dublin Specific Plan. This will result in less storm water drainage than addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. No expansion of facilities will be required than that permitted or required by the Eastern Dublin Specific Plan. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? NI, beyond those examined in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. DSRSD will provide a "Will Serve" letter stating that Zone 7 has Sufficient water supplies to serve development prior to submittal of the project to the City Council. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? NI, beyond those examined in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. DSRSD has sufficient wastewater capacity to serve the development. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? NI, beyond those examined in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The City of Dublin contracts with Livermore-Dublin Disposal Company to collect solid waste from households and businesses and transport it to the Altamont Landfill located in eastern Alameda County. The landfill currently has an anticipated capacity until the year 2005 and plans are underway to extend landfill capacity for an additional 50 years. g) Comply with federal, state, and local statutes and regulations related to solid waste? NI, beyond those examined in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The Livermore-Dublin Disposal Company will ensure that all federal, state and local statutes and regulations related to solid waste are met. Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 XVII. 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 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? NI, beyond those examined in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The preceding analysis indicates that the proposed project will not have a significant adverse impact on overall environmental quality, including biological resources or cultural resources. The impacts addressed in this Initial Study were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. 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. LS, beyond those examined in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. Although incremental increases in certain areas can be expected as a result of constructing this project, including minor additional traffic air emissions, sufficient capacity exists within service systems to support the Proposed development. The impacts addressed in this Initial Study were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? NI, beyond those examined in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. Due to project design and site characteristics, the residential development proposed will involve no impacts that would adversely effect human beings, either directly or indirectly. The impacts addressed in this Initial Study were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. G:pa02-024/InitialStudy Dublin Community Development Department Pinn Bros./Silveria et al Prezoning/Stage 1 Development Plan PA 02-024 AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: July 9, 2002 SUBJECT: PA 02-024 Pinn Brothers Construction, Inc. - Silveria/Haight/Nielsen Properties - Planned Development Prezoning and Stage 1 Development Plan Prepared by Saner Harbin, Senior Planner ATTACHMENTS: 1. Resolution recommending City Council adopt thc Ordinance approving the Planned Development Prezoning and Stage 1 Development Plan 2. Stage 1 Development Plan, Silveria/Haight/Nielsen Properties dated June 14, 2002 3. Initial Study BACKGROUND ATTACHMENTS (by Reference): 4. Dublin General Plan 5. Eastern Dublin Specific Plan Map 6. Eastern Dublin Scenic Corridor Policies and Standards 7. ErR for Eastern Dublin Specific Plan and General Plan Amendment (including Addendum date May 4, 1993) SCH# 91103064; and Addendum dated August 22, 1994 8. City Council Resolution Certifying Eastern Dublin Specific Plan and General Plan Amendment Program EIR (Resolution #51-93) 9. City Council Resolution adopting Eastern Dublin Specific Plan and General Plan Amendment; adopting findings and approving overriding considerations; and adopting Mitigation Monitoring Program ("Matrix") for EDSP EIR (Resolution #53-93) 10. Mitigation Monitoring Program ("Matrix") for EDSP EIR RECOMMENDATON: 1. Open public hearing and hear Staff presentation. 2 Take testimony from the Applicant and the public. 3. Question Staff, Applicant and the public. 4. Close public hearing and deliberate. 5 Adopt Resolution recommending City Council adopt the Ordinance approving the Planned Development Prezoning and Stage 1 Development Plan (Attachment 1) COPIES TO: Applicant Property Owners PA file ITEM NO. PROJECT DESCRIPTION: The proposed project consists ora Planned Development Prezoning and Stage 1 Development Plan for 259 multi-family and single-family homes on approximately 105 acres on the Silveria, Haight and Nielsen properties located south and east of the intersection of Tassajara Road and Fallon Road. Development is proposed only for the Haight and Silveria properties under the development plan. The Nielsen property has one dwelIing unit and no further development is proposed on the property. The project requires annexation to the City and the Nielsen property is being included to avoid the creation of a county island. The City Council will consider the request to enter into an annexation agreement with the project proponent along with the prezoning upon recommendation by the Planning Co~mlssion. Under the Cortese-Knox-Hertzberg Local Government Reorganization Act which establishes procedures for annexations by local agencies, the Ci~r must "prezone" a property to be annexed to an appropriate zoning district that will enable future implementation of a development plan~ As these properties are within the Eastern Dublin Speciiie Plan area, the appropriate zoning district to be applied to the land is a Planned Development District. Previous Planning Commission Action: .On July 10, 2001, the Planning Commission considered a proposal for a Planned DeveIopment Prezoning and Stage 1 Development Plan for the subject properties and recommended the project to the City Council for approval. At that time, the project proponent was SummerHill Homes and 230 single-family dwelling units were proposed for development on the properties. Prior to City Council consideration of the prezoning and annexation agreement request, SummerHill Homes withdrew the proposed project. Pinn Brothers Construction, Inc. now has an option on the properties and is proposing a similar development project with changes'to the residential density mix and the total number of units, but which is still consistent with the General Plan and Specific Plan designations for the site. As it has been a year since the Planning Commission recommended the original proposal for the properties to the City Council and the project proponent has changed, the Pinn Brothers' proposal is analyzed in this agenda report for referral to the City Council. Annexation. The project site is currently within unincorporated portion of Alameda County. In order for the project to come under the jurisdiction of the City of Dublin, and to receive urban services from the Dublin San Ramon Services District (DSRSD), armexation of the site to the City and to DSRSD must be approved by the Alameda County Local Area Formation Commission (LAFCo), which is a State mandated loeaI agency that oversees boundary changes to cities and special districts, the formation of new agencies including incorporation of new cities, and the consolidation of existing agencies. LAFCo requires that a city prezone an area proposed for annexation, and that prezoning must be consistent with the approved General Plan and Specific Plan uses for the property. The PD Prezoning proposed for the Pinn Brothers' project would address this requirement, and would establish the appropriate land uses to be in effect at the time the project site becomes a part of the city. (See below.) A Pre-Annexation Agreement between the City and the applicant will accompany this PD Prezo_ning and Stage 1 Development Plan application to the City Council. Prezoning of a property, such as proposed by this Stage 1 Planned Development zoning application, is required by LAFCO before a project can be considered for annexation. The property immediately to the south of the project area, the Quarry Lane School property, was annexed into the City in 2000, and the design of the expanded school facility is currently undergoing Staff-level Site Development Review. LAFCO has established spheres of influence for the City and DSRSD. A "Sphere of Influence" is the Probable physical boundary and service area that a local governmental agency is expected to serve in the future. 2 Establishment of this boundary is necessary to determine which governmental agencies can provide services in the most efficient way to the people and property in any given area. The entire Project area is within the sphere of influence (SOI) of Dublin and has been since LAFCo originally established the eastern SOI boundary for the City in 1983. The project area is also with the SOI for Dublin San Ramon Services District (DSRSD), and the district has agreed to serve the project area. DSRSD would provide water, recycled water and wastewater services to the annexation area. Some infrastructure would need t° be extended from Tassajara Road (south of existing city limits) to service the project area. Capacity to provide all services to the annexation area either currently exists, is scheduled through contract to be provided in the future, or will be available as soon as funding from the developer is provided. The proposed annexation is appropriate, as it implements Dublin's extensive planning for the area, is contiguous with the Dublin City limits, and would provide for the logical and orderly extension of urban services to the eastern portion of Dublin. Stage I Development Plan. A Stage 1 Development Plan is intended to: A. Establish a Planned Development Zoning District through which one or more properties are planned as a unit with development standards tailored to the site. B. Provide maximin flexibility and diversification in the development of property. C. Maintain consistency with, and implement the provisions of, the Dublin General Plan and applicable Specific Plans. D. Protect the integrity and character of both residential and non-residential areas of the City. E. Encourage efficient use of land for preservation of sensitive environmental areas such as open space areas and topographic features. F. Provide for effective development of public facilities and services for the site. G. Encourage use of design features to achieve development that is compatible with the area. H. Allow for creative and imaginative design that will promote amenities beyond those expected in conventional developments. Silveria~Iaight~2qielsen Properties (Pinn Brothers) Stage 1 Development Plan. The proposed Stage I Development Plan consists of the following items: 1. Zoning 2. Statement of proposed uses. 3. Stage 1 Site Plan. 4. Site area, proposed densities, size, area, and Phasing Plan 5. Master Neighborhood Landscaping Plan (Conceptual Landscape Plan). 6. General Plan consistency. 7. Inclusionary Zoning Regulations. 8. Diagram 9. Aerial Photo. This report briefly analyzes each item of the Stage 1 Development Plan as follows: 1. Zonin~ The project is divided into two phases: The first phase consists of approximately 209 Medium High and Medium Density Residential dwelling units south of Fallon Road on approximately 33 acres and one existing rural residence on the Nielsen property. The second phase of development consists of approximately 50 Single Family Residential dwelling units on approximately 59 acres north of Fallon Road. The remaining acreage on the properties would remain undeveloped and rural in character. These phases would be developed after Zone 3 water becomes available (see page 20 of the Stage 1 DeVelopment Plan, Attachment 2). Both phases of the project will be designated Planned Development $ (PD) District - Residential. Except as specifically modified by the provisions of this PD District/Stage 1 Development Plan, the use, development, improvement and maintenance of property within this PD District shall be subject to the provisions of the City of Dublin Zoning Ordinance. 2. Statement of Proposed Uses. Both phases of the project permit development of residential dwelling units. During Phase 1, residential units of varying densities would be developed. When the extension of water service infrastructure for Zone 3 becomes available, Phase 2 oftbe development plan would allow construction of single-family residential units. No other uses WOuld be established by Conditional Use Permit in either phase. 3. Stage. 1 Site Plan. The Stage 1 Site Plan is shown on Page 19 of the Stage 1 Development Plan - Silveria, Haight and Nielsen Properties, Attachment 2, provided by Pinn Brothers Construction, Inc. The Stage 1 Site Plan is a generalized, schematic depiction of the location of the proposed residential densities on the site. Minor adjustments to land use boundaries, roadway alignments, exact dwelling unit count and type, and a more precise lotting pattern will be developed at the subsequent PD District/Stage 2 Development Plan based on the topography and environmental conditions of the properties. Precise roadway and infrastructure improvements will also be determined at the Stage 2 Development Plan. 4. Site Area, Proposed Densities, Size, Area, ~..d Phasing Plan. The following table summarizes this information: PHASE PROPOSED LAND'USE DEI~ITY ACREAGE ± UNITS NUMBER ] (l~welling units per (Not including acre) Tassajara Road or FaHon Road) 1 Medium Density Residential 6.7 16.7 112 South of Fallon Road Medium High Density Residential 15.0 6.4 96 Rural Residential .1 10.0 1 (Existing Nielsen Residence) ,,, 2 Single'i~unily 3.9 ' 12.8 50 North of Residential Fallon Road Remaining Undeveloped/Rural Residential 0 59.8 0 acreage 5. Master Neighborhood !,nd~aping Plan (Conceptual Landscape Plan). This conceptual plan is shown on Page 22 of Attachment 2, and is a preliminary plan only which will be further refined at Stage 2 of the Planned Development zoning process. 6. General Plan Consistency. Phase 1 - South of Fallon Road, The proposed PD-Residential development of Phase 1 south of Fallon Road is consistent with the Rural Residential, Medium Density Residential and Medium-High Density Residential designations of the Dublin General Plan because the residences provided are within the density range of the two plan designations (please refer to the table on page 3). Development is proposed at .10 dwelling unit per acre for the Rural Residential portion with the existing Nielsen residence, at 6.7 dwelling units per acre for the Medium Density Residential portion, and at 15 dwelling units per acre for the Medium-High Density Residential area: Rural Residential (1.0 dwelling unit per 100 acres) Medium DenSity Residential (6.1 - 14.0 dwelling units per acre) Medium-High Density Residential (14.1 - 25.0 dwelling units per acre) Phase 2 - North of Fa#on Road. The proposed PD -Residential development of Phase 2 north of Fallon Road is consistent with the Rural Residential and Single Family Residential designations of the Dublin General Plan because the number of residences provided in this area would be within the range for the number of units allowed in this portion of the Specific Plan area under the General Plan designation, the plan would be consistent with the land use designations shown below. Development is proposed at 3.9 dwelling units per acre for the Single Family Residential, rather than at higher densities within the allowed range due to physical site constraints and steep slopes on the property. No additional dwelling units are proposed for development in the Rural Residential portion of this phase due to the physical site constraints: Rural Residential (1.0 dwelling unit per 100 acres) single-Family Residential (0.9 - 6.0 dwelling units per acre) 7. Inclusionary .Zoning Regulations. In accordance with City policy, the Applicant shall comply with the Inclusionary Zoning Ordinance and any City Council Resolution relating to that ordinance in effect at the time of the issuance of the first building permit for this project. The regulations recently adopted by the City Council require new residential projects to provide 12.5% of the total number of dwelling units with the development as affordable units. The City Council may authorize that fees in-lieu of construction can be paid for 40% of the required units. 8. ~ A diagram of the location of the various land use designations and proposed development mix is contained in the Stage 1 Development Plan, Attachment 2. 9. Aerial Photo. Please see Attachment 2 for Aerial Photo of the properties. Consistency With General Plan. The proposed development is consistent with the Dublin General Plan and the Eastern Dublin Specific PIan. The project proposes 259 dwelling units, which is within the overall range of 226 to 515 dwelling units allowed by the plan designations on the property. The following table summarizes the General Plan land use designations and permitted density ranges, the range in number of units allowed by the East Dublin Specific Plan, and the number of multi-family and single-family dwelling units being proposed for each plan designation by the proposed project: GENE~ PLAN LAND USE PROPOSED ..... PROPOSED PROPOSED ' 'EAST' DESIGNATION DENSITY (Average ACREAGE 4- NUMBER DUBLIN dwelling units per OF UNITS SPECIFIC acre) PLAN (Allowed Units) Rural Reside-t_i~!'ii'~lu/100 acre) .02' ,,, 52.7 "6" ' 1 Rural Residential (1 du/100 acre) .10 10.0 1 1 (Existing) §ingle FamilY Residential .... 3.9 12.8 50 7 (0-6 du/acr, e) Medium Density Residential 6.7 16.7 112 135-309 (6-14 du/acre) .... Medium High Density 15.0 6.4 96 82-I 52 Residentia!,, .(14-25 du/acre) , TaSsaj ara Road/Fallon Road 0 7.1 N/A N/A R.O.W ,. TOTAL 1'~,~ ~ ...... 105.7 2S9 226-S1S ENVIRONMENTAL ANALYSIS: This project is within the Dublin General Plan's Eastern Extended Planning Area and the Eastern Dublin Specific Plan area, which was the subject of aa Environmental Impact RepOrt, certified by thc City of Dublin in 1993 including revisions to Part I of the Responses to Comments relating to the Kit Fox, and Addendum to the DEIR dated May 4, 1993 and a DKS Associates Traffic Study dated December 15, 1992 (SCH#91103064) (sec Background 9). The General Plan/Specific Plan EIR is a program EIR, which anticipated several subsequent actions related to future development in Eastern Dublin. Th~ EIR did identify some impacts from implementation of the General Plan/Specific Plan that were not able to be mitigated. Upon certification of the EIR, the City adopted a statement of overriding considerations for such impacts. The City also adopted a mitigation monitoring program, which included numerous measures intended to reduce impacts from the development of the Eastern Dublin area. Government Code section 65457 provides that any residential project that is consistent with a specific plan for which an EIR has been certified is exempt from CEQA, unless a supplemental EIR is required. The City prepared an Initial Study, dated Sune 12, 2001 and revised on Sune 28, 2002, for the project, to determine whether there will be supplemental environmental impacts occurring as a result of this project beyond or different from those already addressed in the Program E1R (see Initial Study, Attachment 3). This Initial Study has resulted in ~he conclusion that the proposed project could not have a significant effect on the environment. Zander Associates conducted reconnaissance,level surveys oftbe subject properties in March 1999, February 2000 and February 2001. Those studies confirmed that the description of biological resources on the property provided in the Program EIR accurately represents the existing conditions and no habitat areas exist on the site for the red-legged frog, tiger salamander, San Joaquin kit fox, or the golden eagle. Additionally, a follow-up survey to determine the likelihood of red-legged frog dispersion habitat on the properties was completed in June 2002 and found that such habitat does not exist on these properties. A Negative Declaration will not be prepared because the environmental impacts of this project were fully addressed by the Final EIR for the Eastern Dublin General Plan Amendment, Specific Plan and addenda. No significant new information has arisen for this project during the preparation of this Initial Study that would require further environmental review. CONCLUSION: This application has been reviewed by the applicable City Departments and agencies, and their comments have been incorporated into the Stage 1 Development Plan. The proposed project is consistent with the Dublin General Plan, Eastern Dublin Specific Plan, and represents an appropriate project for thc site. RECOMMENDATION: Staff recommends the Planning Commission: 1. Open the public hearing and hear Staff presentation. 2. Take testimony from the Applicant and the public. 3. Question Staff, Applicant and the public. 4. Close the public hearing and deliberate. 5. Adopt the Resolution (Attachment 1) recommending City Council adopt the Ordinance approving the Planned Development Prezoning and Stage 1 Development Plan for PA 02-024. g:paO2024~PC-sr, doc GENERAL INFORMATION: APPLICANT: Pinn Brothers Construction, Inc. 1475 S. Saratoga Ave., Suite 250 San Jose, CA 95129 Contact: Dale Garren, Vice President of Construction PROPERTY OWNERS: Silveria Property - The Silveria Trust Nielsen Property - Robert J. Nielsen, Jr. Haight Property - Pamela Antrim LOCATION: Silveria, l-Iaight and Nielsen properties located southeast and northeast of the intersection of Tassajara Road and Fallon Road. EXISTING ZONING: Planned Development (PD) - Rural Residential, PD- Single Family, PD - Medium Density Residential, and PD - Medium High Density Residential. All PD zoned lands in this developmem have an Interim Agricultural Designation. GENERAL PLAN DESIGNATIONS: Rural Residential, Single Family Residential, Medium Density Residential and Medium-High Density Residential SPECIFIC PLAN DESIGNATION: Rural Residential, Single Family Residential, Medium Density Residential and Medium-High Density Residential ENVIRONMENTAL REVIEW: The Environmental Impacts of this project were addressed by the Program EIR and addenda for the Eastern Dublin General Plan Amendment and Specific Plan (see discussion above). A regular meeting of the City of Dublin Planning Commission was held on Tuesday, July 9, 2002, in the Dublin Civic Center City Council Chambers. Chairperson Johnson called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners, Johnson, Musser, Jennings, Nassar and Fasulkey; Jeri Ram, Planning Manager; Janet Harbin, Senior Planner; Pierce Macdonald, Associate Planner; and Renuka DhadwaI, Recording Secretary. Absent: None PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Johnson led the Commission, Staff, and those present in the pledge of allegiance to the flag. ADDITIONS OR REvISIONS TO THE AGENDA - None ORAL COMMUNICATIONS - None WRITTEN COMMUNICATIONS - None PUBLIC HEARING 8.1 PA 02-025 Second Dwelling Unit - Conditional Use Pet,,dt - The applicant is applying for a Conditional Use Permit, which would allow an establishment of an ~Yannin~ Commission 144 .TuZy 9, 2002 ~gu[ar 95teetin~ 820-square foot dwelling unit at 8176 Via Zapata (APN 941'2752-034-00) in the R-1 district, pursuant to Chapter 8.80 of the Zoning Ordinance. Cm. Johnson stated that since the Applicant is his neighbor he would abstain from voting on this project. Vice Chair Fred Musser assumed the Chairmanship for this item and asked for the staff report. Pierce Macdonald, Associate Planner presented the staff report. Ms. Macdonald stated that the Applicants John & May Markey propose to construct an 820 sq. ft. 2"a dWelling unit in their rear yard. The proposed unit is an independent unit located behind the existing home and when built would not be visible from the public right-of-way. The unit would serve as the home for May Markey's mother. Through a vicinity map Ms. Macdonald shoWed the location of the property. The proposed dwelling would replace an existing gazebo and a hot tub. The floor plan for the unit is ,,L shaped". The architectural design is Mediterranean with cream-colored stucco walls with asphalt shingle roof and tall divided light windows. She showed the materials and colors to be used for the project to the Commissioners. She explained the proposed unit is designed to comPlement the existing house. In addition, she explained that the unit would have aisle widths to accommodate wheel chairs. The shower in the bathroom has been designed in a way that it could be converted to a disabled shower. Ms. Macdonald stated that the Zoning Ordinance alIows construction of a second dwelling unit in a R-1 district subject to findings. Staff has reviewed the application with the Fire Department, Building & Safety division, Police Department and DSRSD. The conditions of approval from each of these departments have been included in the attached Resolution. She explained that following the distribution of the Planning Commission 'packets', Staff in consultation with the Fire Department and the Applicant, amended conditions 27 & 33 listed in the Resolution and would recommend that the Planning CommissiOn adopt the amendments as par.t of its motion. The amended conditions should read as follows: 27. Damage/Repairs. The Developer shall repair all damaged street, curb, gutter and sidewalk along the subject property's street frontage that exist now, or that result from construction activities, to the satisfaction of the Director of Public Works. Responsible Agency: PW Required By: Prior to Occupancy of first residence 33. Wildfire Management Plan. Site development shall be in accordance with City of Dublin Wildfire Management Plan and Fire Department requirements. Responsible Agency: F Required By: Prior to issuance of Building Permits Planning Commission 1 aS July 9, 2002 P~gular gffeeting Ms. Macdonald stated that Staff recommends that the Planning Commission adopt the Resolution approving the request for a Conditional Use Permit subject to attached amended findings and conditions. Cm. Musser asked if the Commission had any questions for Staff. Cm. Musser stated that the staff report indicated a setback requirement of 8 ft. but the 11 x 17 attachment to the staff report shows a 6 ft. setback and wanted to know if that had changed. Ms. Macdonald said that the Applicant has amended the site plan to reflect a 8 ft. setback and the revised map has been attached to the staff report as Attachment 1. Cm. Fasulkey asked if the Wildfire Management Plan was applicable to this project find what was behind the house. Ms. Macdonald said that there is a hill directly behind the property. Cm. Musser opened the public hearing and asked the Applicant for his presentation. Mr. John Markey spoke about the project. He indicated that the second unit will not be visible from the street. He said as part of the process the surrounding neighbors were notified about the project and stated that none of them had any concerns or questions. He said he would be happy to answer any questions. Cm. Jennings asked when did he intend on starting the project. Mr. Markey replied that he would like to start as soon as possible. Cm. Musser closed the public hearing and asked for a motion. On a motion by Cm. Fasulkey, seconded by Cm. Iennings, with Cm. Johnson abstaining to vote, subject to the amended conditions and by a vote of 4-0, the Planning Commission adopted: RESOLUTION NO. 02 - 26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 02-025 SECOND DWELLING UNIT CONDITIONAL USE PERMIT LOCATED AT 8176 VIA ZAPATA, APN 941-2752-034-00 8.2 PA 02-024 Pinn Brothers ~ Silveria/Haight/Nielsen Properties Stage 1 Planned DeveloPment Rezoning/Development Plan and Annexation 6615 & 6833 Tassajara Road - Planning Commi. m'on 146 July 9, 2002 P~b~lar IMoetinO A Stage 1 Planned Development Rezoning and Development Plan in conjunction with a request for Annexation is proposed for approximately 105.7 acres to construct 259 residential dwelling units. Cm. Johnson asked for the staff report. Janet Harbin, Senior Planner presented the staff report. She stated that this project was previously presented to the Planning Commission in 2001 as the Summerhill Homes project. The land use mix under the current project is different from the previous project. The Applicant is proposing 259 multi-family and single-family homes on a 105-acre land. It would conform to the General Plan designation as well as the Specific Plan designation for the site. Ms. Harbin showed the location of the three properties involved in this project (Silveria, Haight & Nielsen). She explained that the Nielsen property is the only rUral property in the area and would not be part of the deVelopment. Ms. Harbin stated that the Cortese Knox Hertzberg Local Government Reorganization Act requires prezoning of property prior to annexation. Therefore this item is going through the Planning Commission approval process. Phase 1 involves the Development Plan of the multi-family housing in the area south of Fallon Road. The area north of Fallon Road would be developed under Phase 2 when Zone 3 water becomes available. Ms. Harbin explained that the multi-family housing project would consist of 209 units in Phase 1. Phase 2 would consist of 50 single-family homes. After Planning Commission approval this would go to the City Council with an annexation agreement. Following the City Council approval of the annexation agreement and the development plan, it will then go to LAFCO for approval of the annexation. This project is consistent with the Eastern Dublin Specific Plan and Eastern Dublin EIR. No further environmental review is required. Staff recommends that Planning Commission recommend approval of the project to the City Council. Cm. Johnson asked if the Commission had any questions for Staff. Cm. lennings asked whether the Affordable Housing and Senior Housing for this project would be determined by the City Council. Ms. Harbin replied that the City Council would determine whether it would like to have the developer construct all the inclusionary units or pay an in-lieu fee for part of it during consideration of the stage 2 of the Development Plan. Currently the applicant is proposing to construct 9 units as affordable out of the total 259. Cm. Johnson opened the public hearing and asked for the applicant. Dale Garren, representing Pinn Brothers, stated that they are in agreement with Staff's recommendation and woutd answer any questions the Commission may have. Planning Commission 147 July 9, 2002 Regular IMeetintl Robert Nielsen, property owner, stated that he is opposed to the annexation until such time the City is able to provide him with information with regards to the restrictions that may apply to his agricultural operations once the annexation is complete. He was also concerned about the absence of a buffer zone between his property line and the property where development is to occur which was originally indicated in the Specific Plan. He also indicated that he was not informed about any development plans for the area. Cm. Fasulkey wanted to know the kind of agricultural operation run by Mr. Nielsen. Mr. Nielsen replied that it was basically cattle and equipment. Cm. Johnson asked Staff if the surrounding property owners were notified. Ms. Harbin stated that all the owners were notified about the meeting although there are not many owners in that area. She also indicated that Mr. Nielsen was mailed a copy of the public hearing notice and that he has had conversations with Pinn Brothers regarding the property. He was also notified when this project was previously introduced as the Summerhill Homes project. Ms. Harbin further indicated that some of the issues raised by Mr. Nielsen could be addressed in the Stage 2 Development Plan when there is a better lotting pattern. The reason for including Mr. Nielsen's property for prezoning and annexation is because his property is contiguous to the Quarry Lane School in the south and Silveria in the north. Ms. Ram indicated that when new lots are created a deed restriction could be put in place for existing agricultural uses so that they are protected from development. Cm. Nassar wanted to know the difference in the plan that was proposed a year ago for this project and the current proposal. Ms. Harbin replied that the previous plan proposed to construct 230 single-family homes. The current project proposes to construct some multi-family units in addition to the single-family homes for a total of 259 dwelling units. Cm. lohnson enquired if there were any plans to convert the Linn property in the project area into a public park. Ms. Harbin replied that it is not proposed to be a public park. Ms. Ram stated that the area would be left as open space due to habitat issues for that portion. The Department of Fish & Game would prefer to leave the portion as undeveloped. Cm. Johnson closed the public hearing and asked if the Commissioners if they had any additional · comments. Cm. Jennings stated that her major concern is that the developer is proposing a lower percentage of affordable units. ~anning Commission 148 ]ufy 9, 2002 ~4gufar ~eeting RESOLUTION NO. 02 - 27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT THE ORDINANCE APPROVING A PLANNED DEVELOPMENT (PD) PREZONING AND STAGE 1 DEVELOPMENT PLAN FOR PA 02-024 PINN BROTHERS CONSTRUCTION, INC. SILVERIA/HAIGHT/NIELSEN PROPERTIES WHEREAS, Pinn Brothers Construction, Inc. has requested approval of a Planned Development Prezoning and Stage 1 Development Plan for PA 02-024, the Pinn Brothers Construction, Inc., Silveria/Haight/Nielsen Properties project on 105.7 acres for an approximately 259 dwelling unit residential development, in the Eastern Dublin Specific Plan area; and WHEREAS, the City Council did approve the Mitigated Negative Declaration and Mitigation Monitoring Program (Resolution 00-06) and the related General Plan Amendment and Specific Plan Amendment (Resolution 00-07) for the Eastern Dublin Specific Plan; and WHEREAS, Applicant/Developer has submitted a complete application for a Stage 1 Planned Development Prezoning and Development Plan dated June 14, 2002, as required by Section 8.32 of the Zoning Ordinance, which is available and on file in the Community Development Department, Planning Division; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), residential projects that are consistent with a specific plan for which an EIR has been certified are exempt from CEQA unless a supplemental EIR is otherwise required by CEQA(See Government Code section 65457). To determine if there were any supplemental impacts that would require the preparation of a supplemental EIR, the City prepared an Initial Study for the project in June 2001 and updated the Initial Study on June 28, 2002. The Initial Study found that the environmental impacts of this project were addressed by the Final Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan (SCH#91-103064) and addenda (Resolution 00-06); and WHEREAS, the Planning Commission held a public hearing on said application on July 9, 2002; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of the Stage 1 Planned Development Prezoning and Development Plan for PA 02-024; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth; and NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Planned Development Rezone: TAUH 'IEF ! 1. The proposed Stage 1 Planned Development and Development Plan meets the intent and purpose of Chapter 8.32 of the Zoning Ordinance because it provides a Stage 1 Development Plan for the project for the Pinn Brothers Construction, Inc., Silveria/Haight/Nielsen Properties project (PA 02-024)' that will create a desirable use of land and an environment that will be harmonious and compatible with existing and potential development in surrounding areas and because the site plan has been designed to be compatible with other proposed and approved plans in the vicinity. 2. The project site is physically suitable for type and intensity of this residential project in that it is intended to conform with the City policies related to hillside development and to be designed to minimally effect the existing topography and terrain of the site; has adequate access; and, is of a sufficient size to provide housing as well as open space for the furore residents of the project. 3. The proposed Planned Development Prezoning and Stage 1 Development Plan for the project will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety or welfare because the Stage 1 Development Plan for the project has been designed in accordance with the City of Dublin General Plan, Eastern Dublin Specific Plan and Program EIR and Addenda. Additionally, project specific analysis has determined that the project's design is sensitive to biological features onsite and to surrounding land uses. 4. The proposed Planned Development Prezoning and Stage 1 Development Plan for the project is consistent with all elements and policies of the Dublin General Plan and the Eastern Dublin Specific Plan because the project is within, and is consistent with, the total number of units allowed within the density range of the Rural Residential, Single Family, Medium Density Residential and Medium-High Density Residential designations of both the City of Dublin General Plan Land Use Element and Eastern Dublin Specific Plan (as amended), and because it conforms to the elements and policies of those plans through the provision of open space and wildlife habitat protection required by the Land Use, Parks and Open Space and Conservation Elements, roadways consistent with the Circulation Element, adequate public facilities as required by the Schools, Public Lands and Utilities Element, Housing as desired by the Housing Element, and safe design as required by the Seismic Safety and Safety Element. 5. The Stage 1 Planned Development Prezoning and Development Plan is con§istent with Chapter 8.32 of the City's Zoning Ordinance because the Stage 1 Development Plan for the project establishes permitted uses which will ensure that the project is compatible with existing and proposed residential and public uses in the immediate vicinity; and 6. The Stage 1 Planned Development Prezoning and Development Plan will provide efficient use of the land pursuant to the Eastern Dublin Specific Plan that includes the preservation of significant open areas and natural and topographic landscape features with minimum alteration of natural land forms; and 7. The Stage 1 Planned DeveloPment Prezoning and Development Plan will not overburden public services as all agencies must commit to the availability of public services prior to the issuance of building permits as required by the Eastern Dublin Specific Plan policies and mitigation measures; and 2 8. The adopted Eastern Dublin Specific Plan Mitigation Monitoring Program serves as the reporting and monitoring program required by Public Resources Code Section 21081.6 for the Project. BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby recommend that the City Council adopt an Ordinance approving a Stage 1 Planned Development Prezoning and Development Plan for the project (PA 02-024, Pinta Brothers Construction, Inc.- Silveria/Haight/Nielsen Properties) as set forth in Attachment 2 of the Staff report and attached hereto, dated June 14, 2002, which constitutes regulations for the use, improvement, and maintenance of the property. PASSED, APPROVED AND ADOPTED this 9th day of July 2002. AYES: Johnson, Musser, Nassar & Fasulkey NOES: Jennings ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Planning Manager g:\02024~PCResoPD 1 .doc