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HomeMy WebLinkAbout6.1 Housing Elmt GPA Attch 2-5 RESOLUTION NO. XX-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING A NEGATIVE DECLARATION FOR THE 2009-2014 HOUSING ELEMENT UPDATE CITY-WIDE WHEREAS, the State of California requires that Cities and Counties adopt a comprehensive, long-term General Plan for the physical development of the City; and WHEREAS, the Housing Element is one of seven mandated elements of the General Plan and must address the existing and projected housing needs for all economic segments of the community; and WHEREAS, State law currently requires that Housing Elements be updated and certified every five years; and WHEREAS, the City of Dublin has contracted with Veronica Tam & Associates to assist Staff in preparing the Draft 2009-2014 Housing Element; and WHEREAS, in accordance with the California Environmental Quality Act certain projects are required to be reviewed for environmental impacts and when applicable, environmental documents prepared; and WHEREAS, in accordance with CEQA, updated Housing Elements are subject to environmental review; and WHEREAS, an Initial Study was prepared for the 2009-2014 Housing Element; and WHEREAS, upon completion of the Initial Study it was determined that a Negative Declaration should be prepared; and WHEREAS, an Initial Study/Negative Declaration was prepared and circulated for public review from December 12, 2009 to January 11, 2010; and WHEREAS, two comment letters were received on the Negative Declaration. One comment letter from the California Department of Transportation (Cal Trans) and the other from the Livermore/Amador Valley Transportation Authority (LAVTA); and WHEREAS, response to comments have been prepared; and WHEREAS, the Planning Commission held a properly noticed public hearing on the Housing Element Update and Negative Declaration on February 9, 2010 and adopted Resolution 10-04 recommending that the City Council adopt the Negative Declaration; and WHEREAS, the City Council held a properly noticed public hearing on the Housing Element Update and Negative Declaration on March 2, 2010; and Attachment 2 WHEREAS, a Staff Report was submitted recommending that the City Council adopt the Negative Declaration; and WHEREAS, the City Council did hear and consider the Initial Study/Mitigated Negative Declaration and related comments and responses, all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the Negative Declaration; and WHEREAS, the location and custodian of the documents or other material which constitute the record of proceedings for the Housing Element Update is the City of Dublin Community Development Department, 100 Civic Plaza, Dublin CA 94568, Attn: Marnie WafFle. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the Dublin City Council does hereby adopt the Negative Declaration attached as Exhibit A and the Response to Comments attached as Exhibit B based on the following findings. 1. The City Council considered the Negative Declaration together with the comments received during the public review process prior to taking action on the Housing Element Update. 2. The City Council finds on the basis of the whole record before it that there is no substantial evidence that the Housing Element Update will have a significant effect on the environment. 3. The Negative Declaration reflects the City's independent judgment and analysis as to the potential environmental effects of the Housing Element Update. PASSED, APPROVED AND ADOPTED this 2"d day of March 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:IGeneralPlanlHousingElementlHousingElement20071Meeting__201000 03.02.IOICCReso03.02.lONegDec.doc 2of2 19'~(e~J?~?ih7`82 Initial Study/ Negative Declaration Draft 2009-2014 Housing Element December 2009 City of Dublin 100 Civic Plaza Dublin, CA 94568 www.ci.dublin.ca.us www.dublinhousin~element.com EXHIBIT A TO ATTACHMENT 2 ~~1 ~ r ~~~ Table of Contents Introduction .............................................................................................................. 2 Contact Person &Sponsor ....................................................................................... 2 Project Location and Context .................................................................................. 2 Project Description ................................................................................................... 3 Environmental Factors Potentially Affected ..........................................................10 Determination ...........................................................................................................10 Evaluation of Environmental Impacts ....................................................................12 Earlier Analyses ........................................................................................................ 13 Discussion of Checklist ............................................................................................ 24 1. Aesthetics ........................................................................................... 24 2. Agricultural Resources ..................................................................... 27 3. Air Quality/Greenhouse Gas Analysis ........................................... 28 4. Biological Resources .......................................................................... 31 5. Cultural Resources ............................................................................ 33 6. Geology and Soils .............................................................................. 34 7. Hazards and Hazardous Materials .................................................. 37 8. Hydrology and Water Quality ......................................................... 38 9. Land Use and Planning .................................................................... 41 10. Mineral Resources ............................................................................. 41 11. Noise ...................................................................................................41 12. Population and Housing .................................................................. 43 13. Public Services ................................................................................... 44 14. Recreation .......................................................................................... 45 15. Transportation /Traffic ..................................................................... 46 16. Utilities and Service Systems ........................................................... 50 17. Mandatory Findings of Significance ................................................ 52 Initial Study Preparers ............................................................................................. 53 Agencies and Organizations Consulted ................................................................. 53 References ................................................................................................................. 53 List of Exhibits Exhibit 1: Regional Context ..................................................................................... 6 Exhibit 2: City of Dublin Context ............................................................................ 7 Exhibit 3: Housing Opportunity Sites .................................................................... 8 City of Dublin Environmental Checklist/ Initial Study Introduction This Initial Study has been prepared in accord with the provisions of the California Environmental Quality Act (CEQA) and assesses the potential environmental impacts of implementing the proposed project described below. The Initial Study consists of a completed environmental checklist and a brief explanation of the environmental topics addressed in the checklist. Project Sponsor & Contact Person City of Dublin Community Development Department 100 Civic Plaza Dublin CA 94568 (925) 833 6610 Attn: Jeri Ram, AICP, Community Development Director Project Location and Context The City of Dublin consists of approximately 14.9 square miles of land area lying in eastern Alameda County, also known as the Livermore-Amador Valley, or the Tri- Valley area. Surrounding jurisdictions include San Ramon and unincorporated Contra Costa County to the north, unincorporated Alameda County to the east and west and the cities of Pleasanton and Livermore to the south. Major features in the community include the I-580 freeway, which forms the southern boundary of Dublin and the I-680 freeway that extends in a north south direction just east of downtown Dublin. The City is also served by the Bay Area Rapid Transit District (BART), with an existing Dublin/ Pleasanton station and a West Dublin station under construction. Exhibit 1 shows the location of Dublin in relation to surrounding communities and other major features. Topographically, the community is generally flat north of the I-580 corridor, transitioning to rolling hillsides in the northern and western portions of Dublin. Major land uses comprising Dublin include the older commercial downtown area north of the I-580 freeway generally located between San Ramon Road and Village Parkway with predominantly low density, single family dwellings surrounding the downtown area. City of Dublin Page 3 Initial Study/Housing Element Update December 2009 Parks Reserve Forces Training Area (BETA, also known as Camp Parks) is located in the approximate center of Dublin and is used for military training purposes. The newest portion of Dublin is Eastern Dublin, consisting of approximately 4,200 acres of land located east of Parks RFTA, north of I-580, south of the Alameda County-Contra Costa County line and west of the unincorporated Doolan Canyon area. Eastern Dublin has been urbanizing since adoption of the Eastern Dublin General Plan Amendment and Specific Plan in 1993 and the area now contains a mix of single-family dwellings, multiple-family dwellings, commercial and government facility land uses. Completion of the Dublin/Pleasanton Bay Area Rapid Transit (BART) station has facilitated development ofhigh-density housing complexes in this portion of Dublin. Project Description Background The proposed Project includes the adoption of the 2009-2014 Housing Element of the Dublin General Plan. The State of California has mandated that all local jurisdictions within the Bay Area have approved updated Housing Elements to reflect current "fair share" housing allocations for each City and County. The State Housing and Community Development Department (HCD) will review all Housing Elements to determine compliance with State Law governing the content of these Elements. Housing Elements are legal documents, included within a community's General Plan, that identify housing related conditions, provide an assessment of housing needs for the next five-year period of time, identify housing resources, opportunities and constraints and establish policies, programs and quantified housing objectives to achieve housing needs. Housing Goals The proposed 2009-2014 Housing Element maintains many of the goals and policies that have been adopted as part of the current Housing Element. Following is a summary of housing goals contained in the draft 2009-2014 Housing Element: Goal 1: Continue to provide a range of housing to fulfill a variety of housing needs. Goa12: Provide housing opportunities for all economic segments of the community. Goa13: Maintain and enhance residential neighborhoods. Goal 4: Promote equal housing opportunities. Goal 5: Promote energy efficiency and conservation. Each of the above goals includes a number of specific programs intended to achieve these goals. A full description of Housing Element goals and programs are included in the draft City of Dublin 2009-2014 Housing Element, which is available at the Dublin City of Dublin Page 4 Initial Study/Housing Element Update December 2009 ~~~ ~~ /~ Community Development Department during normal business hours. This document is incorporated by reference into this Initial Study. Housing sites State law mandates that each City in its Housing Element plan for specific numbers of housing units at different income levels during each Housing Element cycle. For the 2009-2014 Housing Element cycle, the City of Dublin is obligated to provide sites for 3,330 housing units, distributed as shown in Table 1. Table 1. City of Dublin Regional Housing Needs Allocation (RHNA) Household Income Level Dwellin Units Percent of Total Ve Low 1,092 32.8 Low 661 19.8 Moderate 653 19.6 Above Moderate 924 27.7 Total 3,330 100.0 Source: Draft City of Dublin 2009-14 Housing Element, September, 2009 Housing opportunity sites Potential housing sites identified in the draft Housing Element to accommodate Dublin's fair share housing obligations are shown in Exhibit 3.One of the sites (Site 5) is located in downtown Dublin. The remainder of the sites are located within the Eastern Dublin Extended Planning Area. The proposed Housing Element identifies housing opportunity sites to accommodate Dublin's fair share of regional housing needs. No amendments to the Dublin General Plan, any applicable Specific Plan or rezonings are proposed as part of this Project. As shown on Exhibit 3, the single site in the downtown portion of Dublin (Site 5) is relatively flat with no natural features. There are existing commercial buildings on Site 5, with some of the buildings vacant and others currently occupied. It is anticipated that some or all of the current non-residential buildings existing on this Site would be removed to allow construction of future dwellings anticipated in the updated Housing Element. The remainder of the sites are within the Eastern Dublin Extended Planning Area. Sites 21, 22 and 23 are within the Dublin Transit Center portion of the Eastern Dublin Extended Planning Area. These three sites were formerly occupied by a BART surface parking lot, with BART parking now accommodated in an adjacent parking structure. As a former BART parking lot, Sites 21, 22 and 23 are generally flat and contain no natural features. Development of the Dublin Transit Center was analyzed in the Dublin Transit Center EIR, described further in this Initial Study. Housing opportunity sites located within the Eastern Dublin Extended Planning Area have been assumed for ultimate urban development in the Eastern Dublin EIR. Approximately one-half of the Sites are located along Tassajara Road. Sites owned by the Dublin Land Company (Sites 10,17 and 24) are generally flat and contain no City of Dublin Page 5 Initial Study/Housing Element Update December 2009 13~ ~ iq3 structures or natural features. Sites located further north on Tassajara Road are characterized by gently rolling hills and some steeper areas. Tassajara Creek flows just to the west of some of these Sites. Sites located east of Fallon Road are located in the subarea known as Fallon Village. The Fallon Village area contains flatter properties on the north side of I-580 interspersed with lower elevation hills further to the north, away from the I-580 freeway. All of the housing opportunity sites are presently designated for urban intensity and development in the Dublin General Plan and applicable Specific Plan(s). Future development of the sites have undergone one or more levels of prior environmental review. The proposed Housing Element anticipates development that could occur under the General Plan, but neither proposes or approves individual development projects. As in the current Housing Element, the 2009-2014 Housing Element continues to provide a policy and program framework that is receptive to future residential development proposals. The proposed Element also continues to take advantage of currently planned higher densities for transit-oriented development. Implementation of future housing development will generally continue upon application to the City for approval to construct site-specific projects that could be facilitated by the 2009-2014 Housing Element policies and programs. All future development will require the issuance of Site Development Review (SDR) permits by the City of Dublin. The purpose of SDR permits is to ensure compliance with City development and design standards. Other permits may also be required by the City prior to approval of individual housing projects. At this point, it is unknown which housing opportunity sites will be proposed for development. The background CEQA documents identified later in this Initial Study assumes development of the sites, but the particular project site, design, environmental conditions and timing would be under the control of the individual housing developer. City of Dublin Page 6 Initial Study/Housing Element Update December 2009 . ` J / SAN /'ADLO ' a Martinez a BA )' San eo seo Concord Rafael Richmond sao Mill 101 Valley ~ Walnut 2a Creek Berkeley seo 0 Oakland sao San Francisco gya~A~ SAN U San \ Leandro ,,~ DUBLIN FRANC/SCO eea i Daly A city BAY lol n Hayward N , 92 4 ') zeo N , San Mateo Fremont ~ ~ sa i Newark 0 Redwood City ~, Half Moon ~ d BaY Palo CO Alto Q a~ 85 101 zeo Sunnyvale Santa Clara Livermore Pleasanton P °o 0 0 E 0 0 m' m m .~ 0 0 p San \ Jose Im CITY OF DUBLIN HOUSING ELEMENT UPDATE INITIAL STUDY Exhibit 1 RE(sIONAL LOCATION 0 2 4 6 B i0 miles ~~ /I i ~''k.% ~~ ~7 ~ ~ JIf ~.. '~.~ Y .fit ~ :. ';t _ ..~ .:- o ,[ _. ' I. 5 ~ ~ _ ~ i '1 L 9~~Y q I {~r~ _ ~ ~ .n~~ ~ a -.:, to . ~ . ~ Nth ~ , ~~N p GO : ""'~." ~ G A ' AMED San' '- .. i AL /' - •'•~ ° ' t G , ~ ~•, - ' ,~,, _~r~,, _ ~Walwial'~ - i ~ ~ ~. .~ ~ r.r _ ,~ _ . \ 1 7 ' ~l ~ • / ~ ~ • ° • -. '~ a •Y'~ rfi I.raCrr~k i L~ ~ I ~ ~, . Re~inr yl Fgr,, r ,~~ ' : ~~~ ~ DUBLIN _.~ _: ;: ~ ; _ _ C7~bler`r ~ ..~. - _ ,~ _ - ~1.F -- , ,~, it . - - - _ .gin F £ n ~.F- , ~ . ~~ a , ~' ~ Liv~rmcare l ~l 9~a ~ ' 84 a ~ luir~rei~~i~al hi*p~~ , ~ .. '' ` L,iv~erniore- --- ~_ -. - ..- _ -- ~ _ _ ' un 4~;;1 P, r., rrdtinri ki-9 .4 _ ~ - Pk _ ~' Pleasanton.... , ` _, ~ Re~inr~IFar~: ~., '-_ , 0 d 0 0 U m Y m °'u 0 O q SOURCE.• Base map from Google Maps. CITY OF DUBLIN HOUSING ELEMENT UPDATE INITIAL STUDY Exhibit 2 CITY OF DUBLIN CONTEXT -•°•-•- City Limit --------- County Line /~~ ~ ~ '" a YF C y. Q~ a N ax f Q m Ud r e 5 O z 0 S s m z H V/ W H N ~_ Z M t x a w a O C9 z O ~E N ~~ OJ W Q D o a ~ N F c o Z W Z r . ~ L J o m J a ~ W C ~ ~ ~ U LL Z N j ~ = O F V = Z 1. Project description: Adoption of an updated Housing Element as part of the Dublin General Plan. 2. Lead agency: City of Dublin 3. Contact persons: Jeri Ram, Community Development Director 4. Project location: City-wide 5. Project sponsor: City of Dublin 6. General Plan designation: Various 7. Zoning: Various 8. Other public agency required approvals: Certification by the California Department of Housing and Community Development City of Dublin Page 10 Initial Study/Housing Element Update December 2009 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "potentially significant impact" as indicated by the checklist on the following pages. - Aesthetics - Agricultural - Air Quality Resources - Biological - Cultural Resources - Geology /Soils Resources - Hazards and - Hydrology /Water - Land Use / Hazardous Quality Planning Materials - Mineral Resources - Noise - Population/ Housing - Public Services - Recreation - Transportation/ Circulation - Utilities /Service - , Mandatory Systems Findings of Si nificance Determination (to be completed by Lead Agency): On the basis of this initial evaluation: X 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 although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Mitigated Negative Declaration will be prepared. _I find that although the proposed project may have a significant effect on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on earlier analysis as described on the attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An Environmental Impact Report is required, but must only analyze the effects that remain to be addressed. _ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because all potentially City of Dublin Page 11 Initial Study/Housing Element. Update December 2009 significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed on the proposed project. Signature ~%'(~IOWYUI~~} Printed Name: ~1Q~(i'lI E "~ W a~~-le Date: ~~/~~~~ For: City of Dublin Initial Study/Housing Element Update Page 12 December 2009 Evaluation of Environmental Impacts 1) A brief explanation is required for all answers except "no impact" answers that are adequately supported by the information sources a lead agency cites in the parenthesis following each question. A "no impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a 'fault rupture zone). A "no impact" answer should be explained where it is based on project-specific factors as well as general factors (e.g. the project will not expose sensitive receptors to pollutants, based on aproject-specific screening analysis). 2) In some instances, an "LS, Less-than-Significant Impact" response may reflect that a specific environmental topic has been analyzed in a previous CEQA document and appropriate mitigation measures have been included in a previous CEQA document to reduce this impact to aless-than-significant level. In a few instances, some previously analyzed topics have been determined to be significant and unavoidable and mitigation of such impact to a less-than- significant level is not feasible. In approving the previous CEQA document, the City of Dublin adopted a Statement of Overriding Considerations. For the proposed 2009-2014 Housing Element update, such environmental impacts have been adequately analyzed and no new impacts would occur. 3) All answers must take account of the whole action, including off-site as well as on-site, cumulative as well asproject-level, indirect as well as direct, and construction as well as operational impacts. 4) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "potentially significant impact" entries when the determination is made, an EIR is required. 5) "Negative Declaration: Less-Than-Significant Unless Mitigation Incorporated" implies elsewhere the incorporation of mitigation measures has reduced an effect from "potentially significant effect" to a "less than significant impact." The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level. City of Dublin Page 13 Initial Study/Housing Element Update December 2009 iii ~ 1~3 Environmental Impacts (Note: Source of determination listed in parenthesis. See listing of sources used to determine each potential impact at the end of the checklist) Earlier Analyses Earlier analyses may be used where, pursuant to tiering, a program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Reference CEQA Guideline Section 15063 (c)(3)(d). Portions of the environmental analysis for this Initial Study refer to information contained in the one or more of the EIRs or NDs listed below. The draft Housing Element does not propose any General Plan or applicable Specific Plan land use changes or any rezoning of properties. The City proposes to meet its RHNA through existing land use and zoning designations. The following environmental review documents assumed these existing designations and/or zoning in their analyses. • Eastern Dublin General Plan Amendment and Specific Plan EIR (SCH # 91103064, certified by City Council Resolution No. 51-93 on May 10, 1993. • Downtown Core Specific Plan Mitigated Negative Declaration, adopted by City Council Resolution No. 226-00 on December 19, 2000. • Dublin Transit Center Supplemental EIR (SCH # 20011200395, certified by City Council Resolution No. 215-02 on November 19, 2002 • Dublin Ranch West Supplemental EIR, (SCH # 2003022082), certified by Dublin City Council Resolution No. 42-05 on March 15, 2005. • Mission Peak/Fallon Crossing Mitigated Negative Declaration, adopted by City Council Resolution No. 71-06 on May 16, 2006. • Vargas Project Mitigated Negative Declaration, adopted by City Council resolution No. 57-07 on May 1, 2007. • Casamira Valley/Moller Ranch Supplemental EIR (SCH# 2005052146, certified by City Council Resolution No. 56-07 on May 1, 2007. • Fallon Village Project Supplemental EIR (SCH # 2005062010, certified by City Council Resolution No. 222-05 on December 6, 2005. These documents are incorporated herein by reference and are available for public review at the Dublin Community Development Department, 100 Civic Plaza, during normal business hours. City of Dublin Page 14 Initial Study/Housing Element Update December 2009 i~ad~r~~ Envil'Onmental Impacts (Note: Source of determination listed in parenthesis. See listing of sources used to determine each potential impact at the end of the checklist) Note: A full discussion of each item is found following the checklist. 1. Aesthetics. Would the project: a) Have a substantial adverse effect on a scenic vista? (Sources: 1-9) b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? (Sources: 1-9) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Sources: 1-9) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Sources: 1-9) 2. Agricultural Resources Would the project: a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to a non- agricultural use? (Sources: 1-9) b) Conflict with existing zoning for agriculture use, or a Williamson Act contract? (Sources: 1-9) c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland to a non- agricultural use? (Sources: 1-9) 3. Air Quality (Where available, the significance criteria established by the applicable air quality management district may be relied on to make the following determinations). Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? (Sources: 1-9) b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Sources: 1-9) Potentially Significant Impact Less Than Significant With Miti anon Less than Sign~cant Impact No Impact X X X X X X X X X City of Dublin Initial Study/Housing Element Update Page 15 December 2009 I~~ ~f Iq3 c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors? (Sources: 1-9) d) Expose sensitive receptors to substantial pollutant concentrations? (Sources: 1-9) e) Create objectionable odors affecting a substantial number of people? (Sources: 1-9) 4. Biological Resources. Would the project a) Have a substantial adverse effect, either directly through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? (Sources: 1-9) b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies or regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? (Sources: 1-9) 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? (Sources: 1-9) 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? (Sources: 1-9) e) Conflict with any local policies or ordinances protecting biological resources, such as tree protection ordinances? (Sources: 1-9) Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact X X X X X X X X City of Dublin Initial Study/Housing Element Update Page 16 December 2009 ~~~~ ~ f `~ ~y~3 f) Conflict with the provision of an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional or state habitat conservation plan? (Sources: 1-9) 5. Cultural Resources. Would the project a) Cause a substantial adverse impact in the significance of a historical resource as defined in Sec. 15064.5? (Sources: 1-9) b) Cause a substantial adverse change in the significance of an archeological resource pursuant to Sec. 15064.5 (Sources: 1-9) c) Directly or indirectly destroy a unique paleontological resource, site or unique geologic feature? (Sources: 1-9) d) Disturb any human remains, including those interred outside of a formal cemetery? (1-9) 6. Geology and Soils. Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Earthquake Fault Zoning Map issued by the State Geologist or based on other substantial evidence of a known fault (1-9) ii) Strong seismic ground shaking (Sources: 1-9) iii) Seismic-related ground failure, including liquefaction? ((Sources: 1-9) iv) Landslides? (Sources: 1-9) b) Result in substantial soil erosion or the loss of topsoil? (Sources: 1-9) 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 similar hazards (Sources: 1-9) 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? (Sources: 1-9) City of Dublin Initial Study/Housing Element Update Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact X X X X X X X X X X X X Page 17 December 2009 r ~~`' ~X, e) Have soils incapable of adequately supporting the use of septic tanks or Option wastewater disposal systems where sewers are not available for the disposal of wastewater? (Sources: 1-9) 7. Hazards and Hazardous Materials. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? ((Sources: 1-9) 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? ((Sources: 1-9) c) Emit hazardous emissions or handle hazardous materials or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? ((Sources: 1-9) d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Sec. 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Sources: 1-9, 11) 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 of public use airport, would the project result in a safety hazard for people residing or working in the project area? ((Sources: 1-9) f) For a project within the vicinity of private airstrip, would the project result in a safety hazard for people residing or working in the project area? (Sources: l-9) g) Impair implementation of or physically interfere with the adopted emergency response plan or emergency evacuation plan? (Sources: 1-9) City of Dublin Initial Study/Housing Element Update Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact X X X X X X X X Page 18 December 2009 h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Sources: 1-9) 8. Hydrology and Water Quality. Would the project: a) Violate any water quality standards or waste discharge requirements? (Sources: 1-9) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g. the production rate of existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (1-9) c) 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? ((Sources: 1-9) d) Substantially alter the existing drainage pattern of the site or areas, 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 which would result in flooding on- or off-site? ((Sources: 1-9) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Sources: 1-9) f) Otherwise substantially degrade water quality? (Sources: 1-9) g) 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 delineation map? (Sources: 1-9) City of Dublin Initial Study/Housing Element Update Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact X X X X X X X X Page 19 December 2009 1~1~1~ h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? ((Sources: 1-9,13) I) Expose people or structures to a significant risk of loss, injury, and death involving flooding, including flooding as a result of the failure of a levee or dam? ((Sources: 1-9) j) Inundation by seiche, tsunami or mudflow? (1-9) Land Use and Planning. Would the project.• a) Physically divide an established community? ((Sources: 1-9) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Sources: 1- 9) c) Conflict with any applicable habitat conservation plan or natural community conservation plan? (Sources: 1-9) 10. Mineral Resources. Would the project a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (Sources: 1- 9) 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? ((Sources: 1-9) 11. Noise. Would the proposal result in: 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? (1-9) b) Exposure of persons or to generation of excessive groundborne vibration or groundborne noise levels? (Sources: 1-9) c) A substantial permanent increase in ambient noise levels in the project vicinity above existing levels without the project? (Sources: 1-9) Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact X X X X X X X X X X X City of Dublin Initial Study/Housing Element Update Page 20 December 2009 d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (1-9) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working n the project area to excessive noise levels? ((Sources: 1-9) f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? ((Sources: 1-9) 12. Population and Housing. Would the project a) Induce substantial population growth in an area, either directly or indirectly (for example, through extension of roads or other infrastructure)? (Sources: 1-9) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Sources: 1-9) c) Displace substantial numbers of people, necessitating the construction of replacement of housing elsewhere? (Sources: 1-9) 13. Public Services. Would the proposal: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered government 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? ((Sources: 1-9) Fire protection Police protection Schools Parks Other public facilities Solid Waste City of Dublin Initial Study/Housing Element Update Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact X X X X X X X X X X X X Page 21 December 2009 Iy~ 6~ 113 14. Recreation: a) Would the project increase the use of existing neighborhood and regional parks or recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated (Sources: 1-9,12) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? ((Sources: 1-9, 12) 15. Transportation and Traffic. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads or congestion at intersections)? (Sources: 1-9) b) Exceed, either individually or cumulatively, a level of service standard established by the County Congestion Management Agency for designated roads or highways? (Sources: 1-9) 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? (Sources: 1-9) d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses, such as farm equipment? (Sources: 1-9) e) Result in inadequate emergency access? (1-9) f) Result in inadequate parking capacity? (1-9) g) Conflict with adopted policies, plans or programs supporting Option transportation (such as bus turnouts and bicycle facilities) (Sources: 1-9) City of Dublin Initial Study/Housing Element Update Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact X X X X X X X X X Page 22 December 2009 16. Utilities and Service Systems. Would the project a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Sources: 1-9) 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? ((Sources: 1-9,10) 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? (Sources: 1-9) d) Have sufficient water supplies available to serve the project from existing water entitlements and resources, or are new or expanded entitlements needed? (Sources: 1-9, 10) e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments? (1-9) f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (Sources: 1-9) g) Comply with federal, state and local statutes and regulations related to solid waste? (Sources: 1-9) 17. Mandatory landings 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, substantially reduce the number of or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact X X X X X X X X City of Dublin Initial Study/Housing Element Update Page 23 December 2009 lJI b~ I ~3 b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects). c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact X X 1) Eastern Dublin General Plan Amendment and Specific Plan EIR 2) Downtown Core Specific Plan Mitigated Negative Declaration 3) Dublin Transit Center Supplemental EIR 4) Dublin Ranch West Supplemental EIR 5) Mission Peak/Fallon Crossing Mitigated Negative Declaration 6) Vargas Project Mitigated Negative Declaration 7) Casmir Valley/Muller Ranch Supplemental EIR 8) Fallon Village Project Supplemental EIR 9) Dublin General Plan, City of Dublin 10) Final Urban Water Management Plan, 2005 Update 11) California Department of Toxic Substances Control, website, October 2009 12) Parks and Recreation Master Plan, City of Dublin, 2004 update City of Dublin Initial Study/Housing Element Update Page 24 December 2009 Attachment to Initial Study Discussion of Checklist Legend PS: Potentially Significant LS / M: Less Than Significant After Mitigation LS: Less Than Significant Impact NI: No Impact 1. Aesthetics Project Impacts a-c) Have a substantial adverse impact on a scenic vista, damage scenic vistas (including a scenic highway) or substantially degrade the visual character of a site? LS. Potential dwelling units identified in the updated Housing Element are predominantly located in the Eastern Dublin Extended Planning Area and impacts related to scenic vistas and substantial degradation of the scenic characters of the various housing sites have been analyzed in the Eastern Dublin EIR, the Fallon Village EIR, the Transit Center EIR, the Casarnira Valley EIR and other CEQA documents identified in the Earlier Analyses section of this Initial Study document. Future site-specific housing developments anticipated by the proposed Housing Element are subject to a number of Mitigation Measures included in these CEQA documents to ensure that impacts related to scenic vistas and the visual character of housing sites will be reduced to aless-than-significant level. These Mitigation Measures are summarized below. In 1996, the City of Dublin adopted the Eastern Dublin Scenic Corridor Policies and Standards that apply to portions of the Eastern Dublin Extended Planning Area. The purpose of this document is to implement Eastern Dublin Specific Plan (EDSP) visual protection polices as related to individual development projects. Residential development projects anticipated by the updated Housing Element are subject to the provisions of this document, which generally require limitations on blockage of views to visually sensitive hillsides in the northern and eastern portions of the Eastern Dublin Extended Planning Area. A number of impacts and mitigation measures included in previously certified CEQA documents that include the housing opportunity sites (see Exhibit 3) include: City of Dublin Page 25 Initial Study/Housing Element Update December 2009 IS3 a~ I~i3 Eastern Dublin EIR Impact 3.8 / A, Standardized "Tract" Development identifies the potential impact for development to inadequately respond to natural site conditions. Adherence to Mitigation Measure 3.8 / 1.0, which requires consistency with EDSP Goal 6.3.4 to establish a visually distinctive community that preserves the character of the landscape, reduced this impact to a level of insignificance. Impact 3.8 / B, Alteration of Rural and Open Space Visual Character was identified as a significant and unavoidable impact even with adherence to Mitigation Measure 3.8 / 2, which would implement a number of EDSP policies with retention of predominant natural features and encouraging a sense of place in Eastern Dublin. This impact was included in the Statement of Overriding Considerations when adopting the underlying project. Impact 3.8 / C, Obscuring Distinctive Natural Features identifies the potential of EDSP buildings and related improvements to obscure or alter existing features and reduce the visual uniqueness of the Eastern Dublin Extended Planning Area. Implementation of Mitigation Measure 3.8 / 3.0, which would implement EDSP Policy 6-28 to preserve streams and other natural features, reduced this impact to a level of insignificance. Impact 3.8 / D, Alteration of Visual Quality of Hillsides notes that grading and excavation of building sites in hillside areas would compromise the visual quality of the EDSP area. Mitigation Measures 3.8 / 4.0 through 3.8 / 4.5 are included in the Eastern Dublin EIR to reduce Impact 3.8 / D to a level of insignificance. These Mitigation Measures require implementation of EDSP Policies 6-32 through 6-38 requiring grading techniques to minimize disturbance of hillsides. Impact 3.8 / E, Alteration of Visual Quality of Ridges states that structures built in proximity to ridges may obscure or fragment the profile of visually sensitive ridgelines. Implementation of Mitigation Measures 3.8/5.0 through 3.8/5.2 would reduce this impact to ales-than-significant level. These measures require the implementation of EDSP Policies 6-29 and 6-30 and General Plan Amendment Guiding Policy E (this policy is now Policy C on page 22 of the General Plan). Impact 3.8 / F, Alteration of Visual Character of Flatlands states that buildout of the Eastern Dublin Specific Plan will alter the visual character of the Eastern Dublin area by reducing valley grasses and agricultural fields. No mitigation was identified for this impact and it was deemed to be significant and unavoidable. This impact was included in the Statement of Overriding Considerations for the project. City of Dublin Page 26 Initial Study/Housing Element Update December 2009 ~~d~ /d'..~" Impact 3.8 / G, Alteration of Visual Character found a potentially significant impact with regard to planned development adjacent to watercourses that would reduce the visibility and function of watercourses as a distinct landscape. Mitigation Measure3.8 / 6.0 reduced this impact to aless-than-significant level by requiring development adjacent to creeks to maintain visual access to such streams. Impact 3.8 / I, Scenic Vistas, includes alteration of the character of existing scenic vistas and important sightlines. With implementation of Mitigation Measures 3.8 / 7.0 and 3.8 / 7.1, this impact would be reduced to a level of insignificance. Mitigation Measure 3.8 / 7.0 requires adherence to EDSP Policy 6-5 to preserve views of open space areas and Measure 3.8 / 7.1 requires the City to conduct a visual survey of the EDSP area and to identify and map viewsheds of scenic vistas. Impact 3.8/J, Scenic Routes, identifies that urban development within the EDSP area will significantly alter the visual experience of travelers on scenic routes in Eastern Dublin. Implementation of Mitigation Measures 3.8 / 8.0 and 8.1 will reduce this impact to a level of insignificance. These two measures require implementation of EDSP Action Programs 6Q and 6R that requires the City to adopt scenic corridor policies. Dublin Transit Center EIR Mitigation Measure 4.1-2 requires all residential development to be sited to provide visual corridors that maintain views of Mount Diablo. Mitigation Measure 4.1-3 requires landscaping including trees and other appropriate vegetation to be planted along the property fenceline to soften the appearance of future development to users of the adjacent Iron Horse Trail. Vargas Project MND Mitigation Measure 1 requires submittal of a visual survey and analysis with future Stage 2 Planned Development applications to ensure that future developments on this site comply with the Eastern Dublin Scenic Corridor Policies; that views of the Tassajara Creek bank are protected; and, that distinctive natural features on the site will be visible, once development is complete. Mitigation Measure 2 requires that future developments retain as much of the existing topographic pattern as possible. With adherence to the above Mitigation Measures, impacts related to scenic vistas, damage to scenic vistas, including scenic highways, or substantial degradation of the visual character of identified housing sites would be less- than-significant. For significant and unavoidable impacts, such as Alteration of City of Dublin Page 27 Initial Study/Housing Element Update December 2009 I>56a I~3 Visual Character of Flatlands, a Statement of Overriding Considerations was adopted when approving the Eastern Dublin Specific Plan. d) Create light or glare? LS. A number of the housing sites are located near developed areas with emissions of lighting. These are Sites 5, 10, 12, 15, 16, 17, 21, 22, 23 and 24 (see Exhibit 3). Other identified housing sites (see Exhibit 3) are located in less developed portions of the Dublin planning area with minimal sources of light or glare. The following Mitigation Measures are included in previous CEQA documents to reduce potential light and glare impacts to a less than significant level. Dublin Transit Center EIR Mitigation Measure 4.1-6 requires completion of a lighting plan to ensure that all exterior light fixtures will either be oriented downward or equipped with cut-off lenses to ensure there is no spill-over of unwanted light onto adjacent properties or the I-580 corridor. Vargas MND Mitigation Measure 3 requires pole-mounted street lights to be equipped with cut-off lenses and oriented downward to minimize spill over of light. Adherence to the above mitigation measures plus review of individual housing development projects as part of required Site Development Review (SDR) permit applications ensure that spillover of light and glare off of individual housing sites is limited and that impacts of light and glare will be less-than-significant. 2. Agricultural Resources Project Impacts a-c) Convert Prime Farmland, conflict with agricultural zoning or convert prime farmland to anon-agricultural use? LS. Impacts with respect to conversion of prime farmland to urban uses, discontinuation of agricultural land uses and indirect impacts of non-renewal of Williamson Act land conservation contracts were analyzed in the Eastern Dublin EIR for the entire Eastern Dublin Extended Planning Area. These impacts were deemed insignificant. Approval of the draft Housing Element anticipates future construction of residential development projects, all but one of the housing sites would be within the Eastern Dublin Extended Planning Area and aless-than-significant impact would result. A majority of the housing Sites are not zoned for agriculture; however, a few of the Sites (Sites 10, 15, 17 and 24) have a temporary agricultural zoning classification in anticipation of future urban development on these Sites as anticipated in the Eastern Dublin Specific Plan. None of these sites support agricultural uses or operations. City of Dublin Page 28 Initial Study/Housing Element Update December 2009 /~~" of ~ Proposed Site 5 is located in downtown Dublin and is within an urbanized area. Similarly, the three housing sites in the Transit Center are within an urbanized area. These sites are not zoned or developed for agricultural uses nor is there a Williamson Act contract on these sites. There would be no impacts of future housing development on these sites on agricultural resources. 3. Air Quality and Greenhouse Gas Emissions Project Impacts a) Would the project conflict or obstruct implementation of an air quality plan? NI. Residential dwellings included in the draft Housing Element are currently included within the Dublin General Plan and current land use projections prepared by the Association of Bay Area Governments (ABAG), which are used for air quality emissions included in the Bay Area Air Quality District's Clean Air Plan. Housing development anticipated for Site 5 in downtown Dublin would be located in a mixed-use area with linkages to bus and BART public transit. Housing Sites with the Transit Center (Sites 31, 22 and 23) would be located within close proximity to the Dublin/Pleasanton BART station with regional transportation linkages. These sites would be consistent with "smart growth" development strategies promoted in the Clean Air Plan and other public agencies. No impacts are therefore anticipated with respect to conflicts to or obstructions of the Clean Air Plan. b,c) Would the project violate any air quality or greenhouse gas emission standards or result in cumulatively considerable air pollutants? LS. The Eastern Dublin EIR analyzed impacts related to both project-level air quality impacts as well as cumulative impacts to regional air quality. Identified impacts in this EIR included Impact 3.11 /A (dust deposition from construction activity), IM 3.11 /B (construction equipment and vehicle emissions), IM 3.11 / C (mobile sources of Reactive Organic Gasses and Nitrogen Oxide) and IM 3.11 / E (stationary source emissions). All of these air quality impacts were found to be significant and unavoidable and in approving the Eastern Dublin General Plan Amendment and Specific Plan, a Statement of Overriding Considerations was adopted for project and cumulative air quality emissions. Regional air quality impacts associated with buildout of the Dublin Transit Center was also found to be significant and unavoidable and a Statement of Overriding Considerations was adopted by the Dublin City Council in approving the Transit Center project. Similarly, a Statement of Overriding Considerations was approved by the Dublin City Council for regional air quality impacts when acting on the Fallon Village project in 2005. City of Dublin Page 29 Initial Study/Housing Element Update December 2009 ?~' 193 Impacts of constructing future dwellings included in the updated Housing Element have been analyzed in previous CEQA documents identified in the Earlier Analysis section of this Initial Study and no new analysis is required. All air quality Mitigation Measures contained in previous CEQA documents will continue to apply to future residential construction occurring in each of the respective areas covered by the previous CEQA documents. In terms of greenhouse gas emissions, such emissions is a natural process by which some of the radiant heat from the sun is captured in the lower atmosphere of the earth. The gases that help capture the heat are called greenhouse gases (GHG). While greenhouse gases are not normally considered air pollutants, all of these gases have been identified as forcing the earth's atmosphere and oceans to warm above naturally occurring temperatures. Some greenhouse gases occur naturally in the atmosphere, while others result from human activities. Naturally occurring greenhouse gases include water vapor, carbon dioxide, methane, nitrous oxide and ozone. Certain human activities add to the levels of most of these natural occurring gases. Some effects of greenhouse gas emissions include: • A diminishing Sierra snow pack declining by 70% to 90%, threatening the state's water supply. • Increasing temperatures from 8 to 10.4 degrees F under the higher emission scenarios, leading to a 25 to 35% increase in the number of days ozone pollution levels are exceeded in most urban areas. • Coastal erosion along the length of California and seawater intrusion into the Delta from a 4- to 33-inch rise in sea level. This would exacerbate flooding in already vulnerable regions. • Increased vulnerability of forests due to pest infestation and increased temperatures. • Increased challenges for the state's important agriculture industry from limited water shortage, increasing temperatures, and saltwater intrusion into the Delta. • Increased electricity demand, particularly in the hot summer months. In September 2006, the California legislature passed the California Global Warming Solutions Act (CGWSA), which was added to Health and Safety Code Section 38500 (also commonly referred to as AB32). The CGWSA states that global warming poses a serious threat to the economic well-being, public health, natural resources, and the environment of California. The CGWSA requires that the state reduce emissions of GHG to 1990 levels by 2020. This reduction will be accomplished through an enforceable statewide cap on GHG emissions that will be phased-in starting in 2012. To implement the cap, CGWSA directs the California Air Resources Board (GARB) to develop appropriate regulations and establish a mandatory reporting system to track and monitor GHG emission levels. City of Dublin Page 30 Initial Study/Housing Element Update December 2009 /~D d ~ /~~ At this time, neither CARB nor any other agency has adopted regulatory standards for greenhouse gas emissions. To assess the potential for significant impacts, this initial study examines whether the housing element would conflict with or impede the implementation of AB 32 relating to greenhouse gas emissions or other applicable laws. New development under the housing element would be proposed by private developers and subject to the City's permitting process. The City of Dublin and other governmental agencies currently enforce a number of programs and requirements to make development more energy efficient, to provide alternative modes of travel that reduce vehicular traffic and other similar measures that reduce greenhouse gas emissions. A number of these include: • Title 24 Building Energy Efficiency Standards and Green Building Standards to maximize building insulation, lighting requirements and similar standards. • Appliance Energy Standards adopted by the California Energy Commission to improve heating and cooling appliances used in residential dwellings. • Transportation energy efficiency standards as required by the City of Dublin, including but not limited to installation of sidewalks, bike lanes and bus turnouts. • Water Use Efficiency, which limits use of water for irrigation pursuant to Chapter 8.88 of the Dublin Municipal Code. New residential development may also be required to connect to DSRSD's recycled water facilities for irrigation if such facilities are located adjacent to or near such residential development. • The City of Dublin has adopted stringent requirements for recycling of household materials as well as construction debris. With implementation of these programs and requirements, potential impacts related to greenhouse gas emissions are less than significant. d) Expose sensitive receptors to significant pollutant concentrations? LS. The Project anticipates the construction of new dwelling units that could be occupied by sensitive receptor populations (senior citizens, chronically ill individuals, etc.). Future individual housing projects located near sources of major pollutants (generally freeways, arterial roadways and similar generators) will be reviewed to ensure that: a) the location of housing on individual sites will minimize air quality impacts to sensitive receptors, and b) appropriate on-site pollutants control features, such as air conditioning systems, will be included with such housing developments. This review will take place as part of the normal and customary City of Dublin review process, including but not limited to Stage 2 Development Plans and applications for Site Development Review permits. e) Create objectionable odors? NI. The Project would not result in new land uses that would emit objectionable odors. No impacts are therefore anticipated. City of Dublin Page 31 Initial Study/Housing Element Update December 2009 !:>qe` 193 4. Biological Resources Project Impacts a-c) Have a substantial adverse impact on a candidate, sensitive, special-status species riparian habitat or wetlands? LS. Future housing projects that could be constructed in the City of Dublin pursuant to the updated Housing Element are subject to guiding policies contained in the Environmental Resources Management/ Conservation Element of the Dublin General Plan. This Element contains both guiding and implementing polices to protect stream corridors and riparian vegetation (Section 7.1), provisions for erosion and siltation control (Section 7.2) and protection of oak woodlands (Section 5.3). Downtown Core Specific Plan MND special-status species or wetlands. Eastern Dublin EIR Potential impacts to candidate, special-status species, wetlands and riparian habitats within the Eastern Dublin Extended Planning Area were analyzed in the Eastern Dublin EIR. This EIR identified potential impacts related to the general effects of potential development in the Eastern Dublin Extended Planning Area, including direct habitat loss; indirect habitat loss due to vegetation removal for construction and development activities; and, loss or degradation of sensitive habitat (IM 3.7/A, B, and C). The Eastern Dublin EIR also identified potential impacts related to wildlife species such as the San Joaquin Kit Fox, California Red-Legged Frog (CRLF), California Tiger Salamander (CTS), and others (IM 3.7/D - S). Raptor electrocutions associated with proposed high-voltage power lines were addressed in depth in the 1993 Eastern Dublin EIR (IM 3.7/L), and included a number of Mitigation Measures (MM 3.7/26.Oa-d). Mitigation Measures were adopted to, among other things, prepare resource management plans, avoid development in sensitive areas, and revegetate disturbed areas (generally Mitigation Measure 3.7/ 1.0 - 28.0). All site-specific housing developments proposed within the Eastern Dublin Extended Planning Area are required to comply with all of these Mitigation Measures, including future housing projects anticipated in the updated Housing Element. Even with mitigation, the City concluded that the cumulative loss or degradation of botanically sensitive habitat was a significant and unavoidable impact (IM 3.7 / C). Upon approval of the Eastern Dublin GPA / SP, the City adopted a Statement of Overriding Considerations for this significant unavoidable impact (Resolution No. 53-93). Ciry of Dublin Page 32 Initial Study/Housing Element Update December 2009 Dublin Transit Center EIR Impacts to special-status plant species were identified in the Dublin Transit Center EIR, including Congdon's Tarplant, and Mitigation Measure 4.3-1 was adopted to reduce this impact to aless-than-significant level by requiring transplantation of Congdon's Tarplant seeds off -site. Mitigation Measure 4.3-2 reduced impacts to California Red-Legged Frogs (CRLF) to a less-than- significant level by requiring preconstruction surveys for these species and, if found, requiring developers to work with the US Fish and Wildlife Service to develop a mitigation program. Potential impacts to Burrowing Owl species were reduced to ales-than-significant level by requiring pre-construction surveys for these species and safely relocating owls to an approved off-site location. Future development of housing projects on Sites 21, 22 and 23 are required to comply with these measures. Dublin Ranch West SEIR A number of supplemental biological resource Mitigation Measures were adopted as part of the Dublin Ranch West Supplemental EIR to reduce impacts to aless-than-significant level. These supplemental measures included SM-BIO- 1, SM-BIO-2 and SM-BIO-4 dealing with California Tiger Salamander (CTS) species and Supplemental Mitigation Measure BIO-5 to protect CTS and other species. Other Supplemental Mitigation Measures in this SEIR included SM- BIO-6 through 15 for impacts to other plant and wildlife species. Future housing projects located in this planning area are required to comply with these Mitigation Measures. Fallon Village SEIR The 2005 Fallon Village Supplemental EIR contained Supplemental Mitigation Measures Biological-1 through 4 to reduce impacts to central coast riparian scrub habitat, and CTS and CRLF species to ales-than-significant level. This Supplemental EIR also contained a number of modifications to Eastern Dublin EIR Mitigation Measures. Future construction on Sites 2, 3, 4, 7, 8, 11, 13, 18 and 19 are required to comply with these measures. Fallon Crossing MND The 2006 Fallon Crossing MND contained Mitigation Measures 17 through 33 to reduce impacts to special-status plants, wildlife and wetlands to a less-than- significant level. Future housing construction on Site 20 is required to comply with these measures. Vargas MND The 2007 Vargas MND contained Mitigation Measures 7 through 18 to reduce impacts to special-status plants, wildlife and wetlands to aless-than-significant City of Dublin Page 33 Initial Study/Housing Element Update December 2009 Il LF 193 level. Future housing development on Site 6 is required to adhere to these mitigations. Casamira Vallei~ SEIR The Casamira Valley Supplemental EIR includes Supplemental Mitigation Measures 1a, 1b, 1c, 2a, 2b, 3, 4a, 4b, 4c, 4d, 4e, 4f, 4g, 5a, 5b, 5c, 5d, 5e, 5f, 6a, 6b, 7 and 8 to reduce impacts to CTS, CRLF, Congdon's Tarplant and wetland areas to aless-than-significant level. Future housing development on Sites 9 and 14 are required to comply with these measures. Developers of future housing projects on sites identified in the updated Housing Element are required to comply with all of the above Mitigation Measures, as applicable to each respective site. Cumulative loss or degradation of botanically sensitive habitat as identified in the Eastern Dublin EIR will remain significant and unavoidable for those housing sites in the Eastern Dublin Extended Planning Area and a Statement of Overriding Considerations was adopted for this impact. d) Interfere with movement of native fish or wildlife species? LS. Adherence to adopted Mitigation Measures identified in the above subsection will reduce any impacts related to movement of fish or wildlife species to aless-than-significant level. e, f) Conflict with local policies or ordinances protecting biological resources or any adopted Habitat Conservation Plans or Natural Community Conservation Plans? NI. No Habitat Conservation Plans or Natural Community Conservation Plans have been established in the City of Dublin. Future development that could be facilitated by the proposed Project is required to comply with all City ordinances and requirements protecting biological resources, including impacts to heritage trees. No impacts would therefore result. 5. Cultural Resources Project Impacts a) Cause substantial adverse change to significant historic resources? LS. A majority of pgtential housing sites identified on Exhibit 3 are vacant and there would be no impact with substantial changes to historic resources. Potentially significant impacts to historic structures and related resources have been identified in the Fallon Village planning area (Sites 2, 3, 4, 7, 8,11, 13, 18 and 19). The Supplemental EIR for the Fallon Village project includes Supplemental Mitigation Measures Cultural-1 through -4 to reduce impacts to potentially significant historic resources to a level of less-than-significant. Future site- specific housing applications filed within the Fallon Village planning area are required to adhere to the Fallon Village Supplemental Mitigation Measures. b-d) Cause a substantial adverse impact or destruction to archeological or paleontological resources, or human remains that may be interred outside of a formal cemetery? LS. Ciry of Dublin Page 34 Initial Study/Housing Element Update December 2009 /~ ~~M1 /~~ The Eastern Dublin EIR identifies a remote but potentially significant possibility that construction activities, including site grading, trenching and excavation, may uncover significant archeological and / or paleontological resources on development sites within the Eastern Dublin Extended Planning Area. Mitigation Measures 3.9 / 1.0 through 3.9 / 4.0 for Impact 3.9 / A require, subsurface testing for archeological resources, if such are found during site disturbance; recordation and mapping of such resources; and, development of a protection program for resources which qualify as "significant" under Section 15064.5 of the CEQA Guidelines (then Appendix K). Mitigation Measures 3.9 / 5.0 and 3.9 / 6.0, also were adopted to address Eastern Dublin IM 3.9 / B, the potential disruption of any previously unidentified pre-historic resources. These measures require cessation of construction activities until uncovered cultural resources can be assessed by a qualified archeologist and a remediation plan approved by the City of Dublin consistent with CEQA Guidelines. Future housing developments in the Eastern Dublin Extended Planning Area that could be facilitated as a result of the updated Housing Element are required to comply with these measures to ensure these impacts will remain less-than-significant. The Dublin Transit Center EIR identified potentially significant impacts to unrecorded buried cultural resources. Mitigation Measure 4.4-1 mirrors the Eastern Dublin EIR requirement for compliance with CEQA Guidelines Section 15064.5. With regard to Site 5, potential impacts to paleontological, archeological, religious or cultural resources were found to be less-than significant in the 2000 MND for the Downtown Core Specific Plan. As noted on page 35 of the Downtown Core Specific Plan MND, future developments within the Downtown Core Specific Plan area will be conditioned to protect buried archeological and similar resources. Therefore, impacts to subsurface archeological, paelontological or human remains would be less-than-significant. 6. Geology and Soils Project Impacts a) Expose people or structures to potential substantial adverse impacts, including loss, injury or death related to ground rupture, seismic ground shaking, ground failure, or landslides? LS. The proposed Project would facilitate construction of new dwellings through implementation of the updated Housing Element. Potential impacts related to soil and geologic impacts on future residential construction will be reduced by adherence to the Seismic Safety Element of the Dublin General Plan. This Element addresses impacts related to groundshaking, ground rupture, and soil-based hazards, such as differential settlement, liquefaction and landslides. One of the Guiding Policies of this Element states City of Dublin Page 35 Initial Study/Housing Element Update December 2009 1~3br I~f3 that "geological hazards shall be mitigated or development shall be located away from geological hazards in order to preserve life, protect property and reasonably limit the financial risks to the City of Dublin and other public agencies that would result from damage to poorly located public facilities." Eastern Dublin EIR For properties located within the Eastern Dublin Extended Planning Area, the Eastern Dublin EIR contains a number of Mitigation Measures to reduce anticipated geology and soils impacts for site-specific development projects. These include: • Mitigation Measure 3.6 / 1.0 reduced the primary effects of ground shaking (Impact 3.6/B) by requiring conformity with seismic safety requirements of applicable building codes. Even with adherence to this mitigation, this impact was considered significant and unavoidable. Mitigation Measures 3.6 / 2.0-7.0 reduced impacts related to the secondary effects of seismic ground shaking to ales-than-significant level (Impact 3.6 / C). These measures require placement of structures set back from unstable landforms; stabilization of unsuitable land forms; use of engineered retention structures and installation of suitable subdrains and appropriate design of fill material; and, preparation of design level geotechnical studies. • Mitigation Measures 3.6 / 9.0 and 10.0 reduced impacts related to substantial alteration of landforms in the Eastern Dublin area to a less- than-significant level by limiting grading on steeply sloping areas and by appropriate siting of roads and structures to minimize grading (Impact 3.6 / D). Mitigation Measures 3.6 / 11.0-13.0 reduced impacts related to shallow groundwater to aless-than-significant level (Impacts 3.6 / F and G). These measures require submittal of detailed geotechnical investigations to investigate possible risks of groundwater conditions to proposed improvements, control of high groundwater through installation of subdrains and removal of stock ponds then in the Eastern Dublin area. • Mitigation Measures 3.6 / 14.0-16.0 reduced impacts related to shrink- swell soil hazards to ales-than-significant level (Impact 3.6/H). These measures require controlling moisture in the soil surrounding individual development projects and appropriately designed foundations. • Mitigation Measures 3.6 / 17.0-19.0 reduced impacts related to natural slope stability to aless-than-significant level (Impact 3.6/I). These measures require appropriate siting of improvements to avoid unstable soils, remedial grading where needed to remove unstable City of Dublin Page 36 Initial Study/Housing Element Update December 2009 soils and installation of subdrains and other improvements to minimize soil stability impacts. Mitigation Measures 3.6 / 20.0-26.0 reduced impacts related to stability of cut-and-fill slope to aless-than-significant level (Impact 3.6 / J). These measures require minimizing the use of grading when sitting proposed improvements, conformance to local grading requirements, minimizing the angle of cut-and-fill sloes to 3:1 and use of engineering techniques to stabilize manufactures slopes. Mitigation Measures 3.6/27.0 and 28.0 reduced impacts related to erosion and sedimentation to aless-than-significant level (Impacts 3.6 / K and L). These measures require general limitations on grading to avoid the rainy season.of each year and require installation of erosion control improvements. All future housing projects constructed pursuant to the updated Housing Element are required to comply with the Seismic Safety Element of the General Plan and, for site-specific projects within the Eastern Dublin Extended Planning Area, with the Eastern Dublin EIR Mitigation Measures, to reduce this impact to aless-than-significant level. Guiding Policy A of this Element directs development away from soil and geologic hazards to preserve life and protect property. b) Is the site subject to substantial erosion and/or the loss of topsoil? LS. Although new housing would be constructed in the community pursuant to the updated Housing Element of the General Plan, adherence to Best Management Practices (BMPs) as required by the Alameda County Clean Water program and enforced by the City of Dublin as part of normal and customary review of individual development projects will ensure insignificant impacts regarding substantial soil erosion or loss of topsoil. These BMPs typically include but are not limited to installation of silt fences, sandbags and similar measures to minimize substantial erosion and loss of topsoil. c-d) Is the site located on soil that is unstable or expansive and that could result in potential lateral spreading, liquefaction, landslide or collapse? LS. Adherence to the Seismic Safety Element of the Dublin General Plan and, for sites analyzed in the Eastern Dublin EIR, Mitigation Measures for future site-specific housing sites will ensure that impacts related to unstable soils, liquefaction, lateral spreading, landslide and other soil hazards will be less-than-significant. e) Have soils incapable of supporting on-site septic tanks if sewers are not available? NI. All new housing projects are required by the City of Dublin to connect to the local sewer system, maintained by the Dublin San Ramon Services District. No impacts would therefore result with regard to septic systems. City of Dublin Page 37 Initial StudyMousing Element Update December 2009 7. Hazards and Hazardous Materials Project Impacts a) Create significant hazards to the public or the environment through the routine transport, use or disposal hazardous materials? NI. Implementation of the proposed Housing Element would not involve any industrial, manufacturing or similar land uses or activities that would use, generate, transport or store significant . quantities of hazardous materials. The intent of the proposed Housing Element is to encourage construction of new housing in Dublin. No impact is anticipated with regard to this topic. b, c) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accidental conditions involving the release of hazardous materials into the environment or emit hazardous materials or handle hazardous or acutely hazardous materials, substances or wastes within one-quarter mile of an existing or proposed school LS. The proposed Project anticipates future residential development which is not expected to create hazardous emissions. A majority of the housing sites are vacant and have historically been used for agriculture. One or more candidate housing sites could contain some level of hazardous materials as a result of existing or previous uses or activities on that site or sites, including Site 5. As part of the normal and customary City of Dublin demolition permit process, future site-specific housing applicants must obtain clearance from the Bay Area Air Quality Management District regarding the presence of asbestos building materials, lead based paints and any other potentially hazardous materials that could be emitted during building demolition. If found, such materials must be remediate prior to commencement of demolition activities. No existing or planned public schools are located within aone-quarter mile radius of an identified hazardous materials site. Sites 21, 22 and 23, located within the Dublin Transit Center, are subject to Mitigation Measures 4.6-1 and -2. The first measure that requires completion of Phase I and, if necessary, Phase II level environmental investigations to ensure that less-than-significant levels of soil and / or groundwater contamination are present on these sites and requires future developers to clean up significant deposits of contaminated material, as required by appropriate regulatory agencies. The second measure avoids disturbance of an existing petroleum pipeline during construction. Sites 2, 3, 4, 7, 8, 11, 13, 18 and 19 are subject to supplemental hazardous materials Mitigation Measures contained in the 2005 Fallon Village Supplemental EIR. d) Be listed on a site that is included on a list of hazardous materials sites complied on the Cortese List and, as a result, would create a significant hazard to the public or environment? LS. None of the housing sites shown on Exhibit 3 are listed on the California Department of Toxic Substances Control (DTSC) Cortese List of City of Dublin Page 38 Initial Study/Housing Element Update December 2009 hazardous sites as of October 13, 2009. The Cortese List identifies one potentially contaminated site in Dublin, which is Camp Parks RFTA (also known as Camp Parks). Camp Parks RFTA is located north of Sites 22 and 23 and adherence to Dublin Transit Center Mitigation Measure 4.6-1, will reduce this impact related to military use to a less-than significant level. This Mitigation Measure requires preparation of a Phase I Environmental Site Assessment for future site-specific developments in the Dublin Transit Center to ensure that no significant quantities of soil or groundwater contamination has migrated south from Camp Parks RFTA onto the Transit Center site. If warranted by the results of the Phase I report, additional studies for hazardous materials are required and remediate, if found. elf) Is the site located within an airport land use plan of a public airport or private airstrip? LS. A number of the housing sites are located within the Airport Influence Area (AIA) of Livermore Municipal Airport, located south of the I-580 freeway in the City of Livermore. These are sites 2, 3, 4, 7, 8,10, 11, 13, 17, 18, 19, 21, 22, 23 and 24 (See EDSP EIR Figure 3.1-D, Airport Referral Area). Future housing projects constructed pursuant to the updated Housing Element are required to be referred to the Alameda County Airport Land Use Commission (ALUC) to ensure consistency with the Alameda County Airport Land Use Plan. This is anticipated to be aless-than-significant impact. g) Interference with an emergency evacuation plan? NI. Future housing units constructed as a result of updating the Housing Element will be constructed on private lands and will be reviewed by the Dublin Fire and Police Departments to ensure that no interference with emergency plans would occur. No impacts are anticipated with regard to this topic. h) Expose people and structures to a significant risk of loss, injury or death involving wildland fires or where residences are intermixed with wildlands? LS. A number of housing sites are located within urban/wildland interface areas where there is a moderate to high potential for wildland fires. These are sites 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 16, 18, 19 and 20. All of these sites lie within the Eastern Dublin Extended Planning Area. Future site-specific housing projects constructed on these sites are subject to Eastern Dublin EIR Mitigation Measures 3.4 / 9.0 -12.0 that requires individual development projects to incorporate fire safety components, including buffer zones, fire trails and fire breaks. With adherence to these measures, the impact of wildland fire will be less-than-significant. Site 5 and Sites 21, 22 and 23 located in the Dublin Transit Center are not located in an urban/wild land interface area, so no impacts would result. 8. Hydrology and Water Quality Project Impacts a) Violate any water quality standards or waste discharge requirements? LS. Construction of new dwellings anticipated in the updated Housing Element City of Dublin Page 39 Initial Study/Housing Element Update December 2009 i~1 ~t (R3 have been included in the current Dublin General Plan and incorporated into Dublin San Ramon Services District (DSRSD) wastewater master planning by the District. The issue of exceedances of water quality standards and waste discharge requirements have also been previously analyzed in earlier CEQA documents identified in the Earlier Analysis section of this Initial Study. Implementation of the updated Housing Element would not exceed waste discharge requirements imposed on DSRSD by the Regional Water Quality Control Board. Site 5 is located within downtown Dublin and is presently developed with commercial land uses. This would be aless-than-significant impact. b) Substantially deplete groundwater recharge areas or lowering of water table? NI. Although the construction of additional dwelling units would likely result from updating the Housing Element, the primary source of water to dwellings is imported surface water supplied by DSRSD and Zone 7 that does not primarily rely on local groundwater. Mitigation Measures 3.5 / 49.0 and 50.0 contained in the Eastern Dublin EIR, where the majority of housing sites are located, minimized the impact of reduced groundwater recharge areas to an insignificant level (Impact 3.5 / Z). The two Mitigation Measures require that facilities be~planned and management practices selected that protect and enhance water quality and that Zone 7 programs for groundwater recharge be supported. There would be no impact with lowering of the water table or reducing the amount of groundwater recharge areas. c) Substantially alter drainage patterns, including streambed courses such that substantial siltation or erosion would occur? LS. The updated Housing Element would result in construction on currently vacant or underutilized properties. This construction could result in a greater quantity of stormwater runoff as a result of increasing the amount of impervious surfaces. The City of Dublin enforces Best Management Practices included in the Alameda County Clean Water Plan to minimize siltation and erosion from individual sites. These include both construction and post-construction BMPs, including but not limited to requiring installation of silt fences and straw bales on construction sites and frequent sweeping of parking areas, covering of solid waste dumpsters and other post-construction measures. Implementation of BMPs is required for all new development, so there would be no significant impacts from altered drainage patterns. Eastern Dublin EIR Mitigation Measures 3.5 / 44.0-48.0 reduced the potentially significant impact of flooding from increased runoff (Impact 3.5/Y). These measures require storm drainage master planning (MM 3.5 / 46.0); natural channel improvements wherever possible (MM 3.5 / 45.0) drainage facilities that minimize any increased potential for erosion or flooding (MM 3.5/44.0); City of Dublin Page 40 Initial Study/Housing Element Update December 2009 1G-' t ^ / and, provision of facilities to control downstream flooding (MM 3.5 / 47.0). These measures are applied to new housing developments in Eastern Dublin to reduce impacts to drainage patterns and erosion to a level of insignificance. d,e) Substantially alter drainage patterns or result in flooding, either on or off the project site, create stormwater runoff that would exceed the capacity of drainage systems or add substantial amounts of polluted runoff? NI. Refer to item "c," above. Also, Site 5 and Sites 21, 22 and 23 located in the Dublin Transit Center area are relatively flat so there is minimal flooding potential from hillside runoff. f) Substantially degrade water quality? LS. The City of Dublin requires all individual development projects, including future housing projects facilitated as a result of an updated Housing Element, to meet Best Management Practices to ensure that water quality would be protected. Best Management Practices are described above in Section 8c of this Initial Study. In addition, Mitigation Measures 3.5 / 51.0 -55.OA contained in the Eastern Dublin EIR reduced the impact of non-point source pollution into local waterways, including urban runoff, non-stormwater discharges, subsurface drainages and construction runoff (Impact 3.5/AA). With the implementation of Mitigation Measures requiring each development to prepare project-specific water quality investigations addressing this issue, the development of a community-based non-point-source control education program and other requirements, this potential impact and potential cumulative impact would be reduced to a level of insignificance. A less-than-significant impact is anticipated with regard to this topic. g-i) Place housing within a 100-year flood hazard area as mapped by a Flood Insurance Rate Map, or impede or redirect flood flow, including dam failure? NI. None of the identified housing sites are located in a 100-year flood hazard area so there would be no impact with respect to this topic. This is based on Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps Community Panel Numbers 06001C0302G, 06001C0304G, 06001C0306G, 06001C0308G, 06001C0309G, 06001C0326G, 06001C0328G, 06001C0329G dated August 3, 2009. These maps are incorporated by reference into this Initial Study and are available for review at the Dublin Community Development Department during normal business hours. j) Result in inundation by seiche, tsunami or mudflows? NI. There are expected to be no impacts with regard to seiche, tsunami or mudflows, since housing sites would be located inland from major bodies of water. Mitigation Measures 3.6 / 17.0 through 19.0 contained in the Eastern Dublin EIR provide protection from slope failures of natural slopes (Impact 3.6 / I) by limiting new development on unstable soils, removal and replacement of unstable soils and similar actions. City of Dublin Page 41 Initial Study/Housing Element Update December 2009 W~ 9. Land Use and Planning Project Impacts a) Physically divide an established community? NI. Construction of future dwellings under the auspices of an updated Housing Element would proceed based on the Dublin General Plan and other land use regulatory documents, including the Eastern Dublin Specific Plan and Downtown Core Specific Plan and would not physically divide an established community. No impacts are anticipated. b) Conflict with any applicable land use plan, policy or regulation? NI. The draft Housing Element includes potential housing opportunity sites, as required by the State of California. These are shown on Exhibit 3. No amendments are required to the Dublin General Plan and no rezonings are required to allow construction of anticipated dwellings. Future housing developments anticipated in the updated Housing Element are required to obtain subdivision maps, Site Development Review (SDR) permits, building permits and potentially other permits from the City of Dublin. c) Conflict with a habitat conservation plan or natural community conservation plan? NI. No such plan has been adopted within the City of Dublin. There would therefore be no impact to a habitat conservation plan or natural community conservation plan. 10. Mineral Resources Project Impacts a, b) Result in the loss of availability of regionally or locally significant mineral resources? NI. No impacts would occur to any mineral resources, since no such resources are identified in Dublin in the Dublin General Plan. 11. Noise Project Impacts a) Would the project expose persons or generation of noise levels in excess of standards established by the General Plan or other applicable standard: LS. Construction of future dwellings in Dublin under the auspices of the updated Housing Element could be located on sites in moderate to high noise level areas of the community, including but not limited to the I-580 Freeway, the I-680 Freeway, Tassajara Road and Fallon Road. Future housing units on those sites could expose future residents to noise levels in excess of noise standards established in the Noise Element of the General Plan. Other noise sources in the community include noise from BART operations and stationary noise sources associated with land uses and activities. City of Dublin Page 42 Initial Study/Housing Element Update December 2009 A number of Mitigation Measures have been adopted within various previous CEQA documents that address noise impacts. These measures are applied to site-specific housing developments to reduce impacts related to exposure of noise levels above General Plan standards to aless-than-significant level. Downtown Core Specific Plan MND This Initial Study/Mitigated Negative Declaration found that increases in existing noise levels in the downtown portion of Dublin would be less-than- significantbased on existing levels of noise. The Downtown Core Specific Plan notes that future residential projects would be subject to Site Development Reviews by the City of Dublin to ensure consistency with City and state noise standards. Eastern Dublin EIR Eastern Dublin EIR Mitigation Measure 3.10 / 1.0 reduced impacts to housing located along major roadways to ales-than-significant level by requiring developers of housing projects proposed within a future 60 decibel CNEL noise contour to complete an acoustic analysis to ensure that City and State noise standards can be achieved. This measure applies to future site-specific housing proposed on Housing Element sites within the Eastern Dublin Extended Planning Area. Mitigation Measure 3.10 / 3.0 for Impact 3.10 / O similarly requires acoustic analyses for housing sites near Parks RFTA for compliance with City noise exposure levels; however, even with this mitigation, Impact 3.10 / O was determined to be significant and unavoidable and a Statement of Overriding Considerations was approved. Mitigation Measure 3.10 / 6.0 requires the preparation of noise management plans for all mixed-use developments within the Eastern Dublin Extended Planning Area. This measure would reduce noise generated by mixed-use development to a level of insignificance. The Eastern Dublin EIR also determined that residences in existence as of certification of the Eastern Dublin EIR would be subject to increased roadway noise and that mitigation of this impact to ales-than-significant level was infeasible (Impact 3.10 / B). This significant and unavoidable impact was included in the Statement of Overriding Considerations that was adopted with approval of the Eastern Dublin Specific Plan. Dublin Transit Center EIR The Dublin Transit Center EIR contains noise Mitigation Measures 4.9-2a that requires site-specific acoustic analyses for residential projects within the Transit Center to ensure that appropriate noise standards are met. These measures apply to future housing projects within the Transit Center. b) Exposure of people to excessive groundborne vibration or groundborne noise levels? NI. It is unlikely that construction of future housing units allowed under an updated Housing Element would result in significant levels of vibration, since City of Dublin Page 43 Initial Study/Housing Element Update December 2009 f11 ~~ IR3 normal construction methods would be used. No impacts are anticipated with regard to this topic. ' c,d) Substantial permanent or temporary increases in permanent in ambient noise levels? LS. Future residential development in Dublin resulting from implementation of an updated Housing Element could cause a temporary increase in ambient noise levels as a result of construction activities, including but not limited to demolition of existing structures (if needed), site grading and preparation and construction activities. The Eastern Dublin EIR includes Mitigation Measures 3.10/4.0 and 5.0 to reduce construction noise impacts to a level of insignificance through preparation and submittal of Construction Noise Management Plans to ensure compliance with local noise standards. The Dublin Transit Center EIR includes Mitigation Measure 4.9-1 to require all project developers in the Transit Center to prepare and implement Construction Noise Management Plans to minimize noise to surrounding properties. Adherence to Mitigation Measures cited in subsection "a," above will reduce permanent noise impacts from future housing projects on sites identified in the updated Housing Element to aless-than-significant level. e,f) Be located within an airport land use plan area, within two miles of a public or private airport or airstrip? LS. A number of housing sites (including sites 2, 3, 4, 7, 8, 10, 11, 13, 17, 18, 19, 21, 22, 23 and 24) are located in the General Airport Referral Area for Livermore Municipal Airport, located south of I-580 within the City of Livermore (see Eastern Dublin EIR Exhibit 3.1-D). Individual site-specific housing developments that could be facilitated by the updated Housing Element are required to be referred to the Alameda County Airport Land Use Commission for a consistency determination with the Alameda County Airport Land Use Compatibility Plan. The Alameda County Airport Land Use compatibility Plan adopted the California Office of Noise Control noise exposure standards for residential uses, which is generally consistent with City of Dublin noise standards. The Dublin Transit Center EIR contains Mitigation Measure 4.9-3 that requires future residents of the Transit Center to be provided with advance notice of the potential for future helicopter noise from Parks RFTA. 12. Population and Housing Project Impacts a) Induce substantial population growth in an area, either directly or indirectly? NI. Residential development that could be facilitated as a result of adopting and implementing an updated Housing Element would not cause substantial population growth in Dublin, since anticipated dwellings are currently included in the Dublin General Plan. No impacts are anticipated. City of Dublin Page 44 Initial Study/Housing Element Update December 2009 b,c) Would the project displace substantial numbers of existing housing units or people requiring replacement housing? NI. Adoption of the updated Housing Element and construction of residences pursuant to the updated Element would likely not displace people and residential dwellings. A majority of the sites are currently vacant and approximately five sites are occupied by a single dwelling. None of the housing would be displaced except as requested by the respective property owner, likely in connection with a future development application. No impacts are anticipated. 13. Public Services Environmental Imp acts a) Fire protection? LS. The City of Dublin contracts with Alameda County Fire Department for fire suppression, emergency medical, rescue and fire inspection services. Additional housing that could be built in Dublin under the auspices of the updated Housing Element could result in an increase in the number of calls for emergency services. The potential for increases in such calls have been analyzed in earlier EIRs as identified in the Earlier Analysis section of this Initial Study. Identified impacts to the provision of fire service were reduced to a less-than- significant level in the Eastern Dublin EIR by adherence to Mitigation Measures 3.4 / 6.0 through 11.0. These measures require the timing of facilities to coincide with new service demand from development; establishment of appropriate funding mechanisms to cover up-front costs of capital fire improvements; acquisition of future fire stations in Eastern Dublin; and, incorporation of Fire Department safety recommendations into the design of all future individual development projects in Eastern Dublin. Future residential development in the Eastern Dublin Extended Planning Area is subject to the above Mitigation Measures to reduce fire service impacts to a less-than-significant level. Future site-specific developments are also required to pay City of Dublin public facilities fees, which include funds to construct new local fire facilities. The Dublin Transit Center EIR anticipated no fire service impact regarding future development since payment of public facilities fees will be required. Impact 4.12-1 and its related Mitigation Measure anticipated the potential for buildings exceeding 6 stores in height and required fire protection measures in such cases. Site 5 in downtown Dublin is currently served by the Alameda County Fire Department from Station 16 located at 7494 Donohue Drive, just north of Site 5. b) Police protection? LS. Similar to fire service, there would likely be an increase in the number of calls for service to the Dublin Police Department based on an increase in residential development. The majority of anticipated housing City of Dublin Page 45 Initial Study/Housing Element Update December 2009 1~ o~ 113 included in the updated Housing Element is proposed for the Eastern Dublin Extended Planning Area. The 1993 Eastern Dublin EIR included Mitigation Measure 3.4/1.0 that provides additional personnel and facilities and revision to police beats as necessary in order to establish and maintain City standards for police protection service in Eastern Dublin. Mitigation Measures 3.4 / 3.0-5.0 reduced impacts'to the Police Department by requiring incorporation of safety requirements into the requirements of future development projects, appropriate budgeting of police services by the City and police review of individual development projects in the Eastern Dublin area. Future site-specific housing developments that could be facilitated under the updated Housing Element are required to adhere to these police protection measures to ensure such impacts will be less-than-significant. Future residential developments are also required to pay City public facilities fees, a portion of which is intended to fund new police facilities. c) Schools? LS. Public educational services in Dublin are provided by the Dublin Unified School District. The District maintains a number of K-12 schools throughout Dublin. There are also a number of private educational facilities in the community. Future residential development that could be facilitated by the updated Housing Element would generate additional school-aged children that would need to be accommodated by local schools, however new residential development is subject to statutory school impact fees which will provide for new public educational facilities in the community. d) Maintenance of public facilities, including roads? LS. Any new public facilities that would be constructed as part of any future housing development would be constructed to City standard so that a less than-significant impact would occur. e) Solid waste generation? LS. See item 16, below. 14. Recreation Project Impacts a) Would the project increase the use of existing neighborhood or regional parks? LS. New dwellings built as a result of the updated Housing Element would require new or expanded parks in order to maintain the City's park goal. City park goals are to provide a total of 5 usable acres of parkland per 1,000 residents, which includes 3.5 acres of larger community parks per 1,000 residents and 1.5 acres of smaller neighborhood parks and square per 1,000 residents. The City also encourages development of an integrated trail network and other open spaces which are not included in the park ratio goals (source: City of Dublin Parks and Recreation Master Plan, February, 2004). The City of Dublin requires housing developers to either dedicate parkland to the City to meet City goals or pay an City of Dublin Page 46 Initial Study/Housing Element Update December 2009 `%~~~~ /~ in-lieu public facility fee that includes funding to allow the City to purchase parkland. Potential impacts with respect to increased demand for park facilities as a result of residential construction were analyzed in the Eastern Dublin EIR. Impact 3.4/K identified a potentially significant impact with demand for increased park facilities as a result of buildout of the Eastern Dublin Specific Plan area. A number of Mitigation Measures were included in the EIR to reduce this impact to aless-than-significant impact. Specifically, Mitigation Measures 3.4/20.0 through 28.0 addressed park mitigations. These measures called for the acquisition and development of additional parks in the Eastern Dublin Extended Planning Area, establishment of a continuous open space network that includes natural open spaces and required preparation of a Parks and Recreation Master Plan. Future development of site-specific housing projects in the Eastern Dublin Extended Planning Area under the auspices of the updated Housing Element is required to adhere to these measures. b) Does the project include recreational facilities or require the construction of recreational facilities? LS. As noted in the "a," above, the City of Dublin will require either dedication of parkland as part of new residential development or payment of park in-lieu fees. Aless-than-significant impact is anticipated with regard to this topic. 15. Transportation/Traffic Project Impacts a, b) Cause an increase in traffic which is substantial relative to existing traffic load and street; or exceed LOS standards established by the County CMA for designated roads? LS. There would likely be increases in traffic on local roads, regional roads and freeways as a result of the implementation of an updated Housing Element. Impacts of local and regional traffic from residential development have been analyzed in the previous CEQA documents adopted by the City and are identified in the Earlier Analysis section of this document. Many impacts related to transportation and traffic can be reduced,to ales-than-significant level; however, as noted below, a number of impacts have been determined to be significant and unavoidable. Impacts and mitigations from previous CEQA document include: Downtown Core Specific Plan MND This document found that traffic and transportation impacts of adopting and implementing the Downtown Core Specific Plan would result in a less-than- significant impact on adjacent intersections with completion of transportation improvements within the downtown area as identified in this Specific Plan. These improvements include widening Golden Gate Drive from tow to four travel lanes with two-way left-turn lanes between Dublin Boulevard and St. Patrick Way. A second identified improvement is widening the eastbound City of Dublin Page 47 Initial Study/Housing Element Update December 2009 Dublin Boulevard approach at Amador Plaza Road to include a separate right- turn lane. Eastern Dublin EIR • Mitigation Measures 3.3 / 1.0 and 3.3 / 4.0 were adopted which reduced impacts on I-580 between Tassajara Road and Fallon Road and on I-680 north of I-580 to a level of insignificance (Impact 3.3/A and D). Mitigation Measures 3.3 / 2.0, 2.1, 3.0 and 5.0 were adopted to reduce impacts on the remaining I-580 freeway segments and the I-580 / 680 interchange (Impacts 3.3/B, C and E). Even with mitigations, however, significant cumulative impacts remained on I-580 freeway segments between I-680 and Dougherty Road and, at the build-out scenario of 2010, on other segments of I-580 (Impact 3.3 / B and E) and this impact was included in the Statement of Overriding Considerations. Mitigation Measures 3.3 / 6.0, 7.0, 8.0, 9.0, 10.0, 11.0 and 12.0 were adopted to reduce impacts to the Dougherty Road/Dublin Boulevard, Hacienda Drive/I-580 Eastbound Freeway Ramps, Tassajara Road/ I-580 Westbound Freeway Ramps, Airway Boulevard/Dublin Boulevard intersections and along El Charro Road to a level of insignificance. These mitigations include construction of additional lanes at intersections, coordination with Caltrans and the neighboring cities of Pleasanton and Livermore to restripe, widen or modify on-ramps and off-ramps and interchange intersections, and coordination with Caltrans to modify certain interchanges. Development projects within the Eastern Dublin project area are also required to contribute a proportionate share to the multi-jurisdictional improvements through the Eastern Dublin Traffic Impact Fee program and the Tri-Valley Transportation Development Fee program (Impacts 3.6 / F, G, H I, J, K and L). Mitigation Measures 3.3 / 13.0 and 14.0 were adopted to reduce impacts on identified intersections with Dublin Boulevard and Tassajara Road (Impact 3.3 / M and N). The identified improvements reduced Tassajara Road impacts to less than significant but Dublin Boulevard impacts remained significant and unavoidable due to road widening limitations. The impact at the Dublin Boulevard intersection was included in the Statement of Overriding Considerations. • Mitigation Measures 3.3 / 15.0 to 15.3, 16.0 and 16.1 generally require coordination with transit providers to extend transit services and coincide pedestrian and bicycle paths with signals at major street crossings (Impact 3.3/O and P). Dublin Transit Center EIR • Mitigation Measure 4.11-1 reduced impacts to external roadway intersections near the Transit Center to aless-than-significant level by City of Dublin Page 48 Initial Study/Housing Element Update December 2009 / 7l~ ~ ~%. requiring improvements to a number of nearby intersections to improve peak hour traffic flow. The measure requires improvements to the Scarlett Drive extension between Dougherty Road and Dublin Boulevard, the Dougherty Road /Dublin Boulevard intersection, the I-580 /Hacienda Drive westbound ramp and the Dougherty Road /Scarlett Drive intersection (Impact 4.11-1). • Mitigation Measure 4.11-3 reduced cumulative (2025) peak hour traffic impacts at the Dougherty Road/Dublin Boulevard intersection, but not to a less-than-significant level. In approving the Transit Center project, a statement of overriding consideration was made by the Dublin City Council (Impact 4.11-5). • Mitigation Measure 4.11-4 reduced impacts to other roadway segments to a less-than-significant level by requiring improvements on Hacienda Drive between Central Parkway and Gleason Drive. Improvements were also required along the Scarlett Drive extension between Dublin Boulevard and Dougherty Road (Impact 4.11-6). The Transit Center EIR also found significant and unavoidable impacts to nearby mainline freeway operations and a Statement of Overriding Considerations was approved by the City Council (Impacts 4.11-7 and -8). Dublin Ranch West Supplemental EIR The Supplemental EIR for the Dublin Ranch West project contained two Supplemental Mitigation Measures, TRA-1 and TRA-2, that requires the Project developer to install traffic signals at Tassajara Road and Project entrances and dedicate right-of-way for widening of Tassajara along the Project frontage and elsewhere along Tassajara Road. With adherence to these measures, traffic and transportation impacts were reduced to aless-than-significant level, except for cumulative traffic impacts at the Dublin Boulevard and Dougherty Road intersection, which remained significant and unavoidable. A Statement of Overriding Considerations was adopted for this impact. Mission Peak/Fallon Crossing MND The Mitigated Negative Declaration for the Mission Peak/Fallon Crossing Project contained three Supplemental Mitigation Measures with respect to traffic and circulation. The MND noted project impacts to the Dublin Boulevard / Dougherty Road intersection (Impact 79), the Santa Rita / I-580 Eastbound ramps (Impact 80), and impacts to adjacent freeways (Impact 81). • Mitigation Measure 79 requires the developer to advance funding to the City for roadway and intersection improvements near the project site, as identified in the MND. City of Dublin Page 49 Initial Study/Housing Element Update December 2009 ~~~ ~ I ~3 • Mitigation Measure 80 requires the project developer to pay their fair share of improving the Santa Rita Road / I-580 eastbound ramp /Pimlico Drive intersection. • Mitigation Measure 81 requires payment of Tri-Valley Transportation Development (TVTD) fees to fund freeway improvements. The MND concluded that with adherence to the above measures, traffic and transportation impacts were found to be less-than-significant. Vargas Project MND The Vargas Project Mitigated Negative Declaration included the following measures to reduce traffic and transportation impacts to aless-than-significant level. These measures relate to mitigating identified impacts regarding an insufficient width of Tassajara Road and peak hour congestion at the Dublin Boulevard / Dougherty Road intersection. • Mitigation Measure 29 requires the developer to widen Tassajara Road between North Dublin Ranch Drive and the City /County line to four travel lanes, if this improvement is not made by other nearby project developers. Mitigation Measures 30 and 31 require the Project developer to pay their fair share of fees to improve the Dublin Boulevard/Dougherty Road intersection. Mitigation Measure 32 requires the Project developer to pay their fair share of the cost to improve the Santa Rita Road / I-580 /Pimlico Drive intersection to include additional travel lanes as well as to the Tassajara Road/I-580 overpass. With adherence to these measures, traffic and transportation impacts were determined to be less-than-significant. Future developers on the Vargas site are required to implement these measures. Fallon Village Supplemental EIR This Supplemental EIR includes Supplemental Mitigation Measures Traffic 1 through 3 that require the Project developer(s) to pay fees to upgrade the Dublin Boulevard / Dougherty Road intersection, upgrade the Santa Rita Road / I-580 Eastbound ramp intersection and to upgrade the westbound approach on Central Parkway at Haaenda Drive to include additional lanes. With adherence to these measures these impacts were found to be less-than- significant, except for cumulative traffic impacts at the Dublin Boulevard / Dougherty Road intersection. This SEIR also found that cumulative (2030) impacts to adjacent freeways and consistency with the Alameda County Congestion Management Plan were significant and unavoidable impacts. A Statement of Overriding Considerations was approved by the Dublin City Council in approving the Fallon Village Project. City of Dublin Page 50 Initial Study/Housing Element Update December 2009 /~~ /~.~ With adherence to the previously adopted Mitigation Measures and Supplemental Mitigation Measures identified above, many traffic and transportation impacts related to the implementation of the Housing Element would be less-than-significant, although a number of cumulative impacts would remain significant and unavoidable. There would be no new or more severe impacts with respect to traffic increases on local or regional roads, or CMA roads than have been previous analyzed. c) Result in a change of air traffic patterns? NI. The proposed Project would have no impact on air traffic patterns, since it involves an update to the Housing Element of the General Plan. d) Substantially increase hazards due to a design feature or incompatible use? LS. Future individual housing projects that would be proposed in Dublin that would assist in implementing the updated Housing Element will be reviewed by the City of Dublin staff to ensure that City public works and engineering standards are met and no traffic or transportation design hazards would be created. This would be aless-than-significant impact. e) Result in inadequate emergency access? NI. No impacts would occur with regard to emergency access. Residential development anticipated in the updated Housing Element would be on lands planned for urban development and subject to City design standards for streets and other improvements. Furthermore, any future construction is routinely reviewed by the Dublin Police and Fire Departments to ensure that adequate emergency access is provided. f, g) Inadequate parking capacity or hazards to pedestrians or bicyclists? NI. There would be no impacts with regard to parking or hazards to pedestrians or bicyclists. The City has adopted off-street parking standards and future construction of site-specific housing projects will be reviewed by the City of Dublin staff to ensure that City parking requirements and safety standards for bicyclists and pedestrians are met. 16. Utilities and Service Systems Environmental Impacts and Mitigation Measures a) Exceed wastewater treatment requirements of the RWQCB? LS. Potentially significant impacts related to wastewater treatment capacity and consistency with Regional Water Quality Control Board (RWQCB) requirements were analyzed in the 1993 Eastern Dublin EIR Impacts IM 3.5/A through E and G generally addressed the then lack of a wastewater service provider as well as lack of a collection system, treatment and disposal system. These impacts were reduced to aless-than-significant level by adherence to Mitigation Measures 3.5 / 1.Oa to 9.0 and 11.0 through 14.0 that required development of adequate City of Dublin Page 51 Initial Study/Housing Element Update December 2009 116 1~3 wastewater services and adherence to the Dublin San Ramon Services District's Master Plan to upgrade the RWCQB-permitted capacity to accommodate planned growth in the Eastern Dublin Extended Planning Area. Future site- specific housing developments that could be accommodated under the updated Housing Element are required to adhere to these Mitigation Measures as well paying required wastewater fees to ensure this impact is less-than-significant. b) Require new water or wastewater treatment facilities or expansion of existing facilities? LS. The Eastern Dublin Specific Plan, Downtown Core Specific Plan and planning for the Dublin Transit Center provide for both water and wastewater improvements to serve future development proposed within these areas. CEQA documents identified in the Earlier Analysis section of this Initial Study analyzed the impacts of such facilities. All of the documents note that with adherence to mitigation measures contained within each respective document will reduce impacts of new or expanded water or wastewater facilities to a less- than-significant level. d) Are sufficient water supplies available? LS. The issue of an adequate long-term water supply for the Eastern Dublin Extended Planning Area was analyzed in the Eastern Dublin EIR. Impact 3.5 / Q identified a potentially significant impact with an increased demand for water. The Eastern Dublin EIR included Mitigation Measures 3.5 / 26.0 to 31.0 to reduce this impact to a less-than- significant level. These measures required imposition of water conservation techniques, implementation of water recycling and adding water supply improvements. The Downtown Core Specific Plan Mitigated Negative Declaration found that no impact with respect to provision of a long-term water supply to serve future development proposed in the Downtown Core Specific Plan. Site 5, located in the specific plan area, is currently developed with a number of retail buildings and has historically been provided with domestic water. This finding was confirmed with DSRSD staff at the time of preparation of the MND. The primary "retail" supplier of water in Dublin, DSRSD, prepared a comprehensive update to their Urban Water Management Plan in 2005 to indicate that future site-specific development projects included in the Dublin General Plan could be supplied an adequate amount of water. DSRSD has also commenced construction of a recycled (reclaimed) water supply system in the Eastern Dublin area that would supply non-potable irrigation water for future site-specific housing projects that could be accommodated by the updated Housing Element. Consistent with DSRSD's utility master planning through its Urban Water Management Plan which anticipated development of the Eastern Dublin Specific Plan area, development of a mixed-use complex in the Dublin Transit Center site and redevelopment of portions of downtown Dublin as anticipated in the Downtown Core Specific Plan, sufficient water supplies are expected to be available for future housing sites identified in the updated Housing Element. City of Dublin Page 52 Initial Study/Housing Element Update December 2009 e) Adequate wastewater capacity to serve the proposed project? LS. See item "a," above. e, f) Solid waste disposal? LS. Solid waste generation and disposal was found to be a potentially significant impact in the 1993 Eastern Dublin EIR (see IM 3.4 / O and P. Adherence to Mitigation Measures 3.7/37.0 through 40 reduced this impact to ales-than-significant level. These measures required preparation of a solid waste management plan and updating of the City's Source Reduction and Recycling Element/Household Hazardous Waste Element. More recent discussions with Waste Management, Inc. staff, operators of the Altamont Landfill the disposal site for solid waste generated in Dublin, indicate that the landfill has present capacity to last approximately three years, but necessary permits are pending to extend the life of the landfill by an additional 25 years (source: Kalin Rose, Waste Management Inc., 10/22/09). 17. Mandatory Findings of Significance a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? No. The preceding analysis indicates that the proposed Project would not have a significant adverse impact on cultural resources or have the potential to restrict the range of rare or endangered species, beyond impacts previously identified. 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). No, cumulative impacts of the proposed Project have been analyzed in previous CEQA documents as identified in the Earlier Analysis section of this Initial Study. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? No. Based on the preceding Initial Study, no substantial effects to human beings, either directly or indirectly have been identified. City of Dublin Page 53 Initial Study/Housing Element Update December 2009 IPf ~ Iq3 Initial Study Preparers Jerry Haag, Urban Planner, project manager and principal author Jane Maxwell, report graphics Agencies and Organizations Consulted The following agencies and organizations were contacted in the course of this Initial Study: City of Dublin Marnie Waffle, Senior Planner Kit Faubion, Assistant City Attorney Waste Management, Inc. Kalin Rose References California Department of Toxic Substances Control, website, October 2009 Eastern Dublin General Plan Amendment and Specific Plan EIR (SCH # 91103064, May 10, 1993. Downtown Core Specific Plan Mitigated Negative Declaration, December 19, 2000. Dublin Transit Center Supplemental EIR (SCH #.20011200395), November 19, 2002 Dublin Ranch West Supplemental EIR, (SCH # 2003022082), March 15, 2005. Final Urban Water Management Plan, 2005 Update, Dublin San Ramon Services District, May 2005 Mission Peak / Fallon Crossing Mitigated Negative Declaration, May 16, 2006. Vargas Project Mitigated Negative Declaration, May 1, 2007. Casamira Valley/Moller Ranch Supplemental EIR (SCH# 2005052146), May 1, 2007. Fallon Village Project Supplemental EIR (SCH # 2005062010), March 4, 2008. City of Dublin Page 54 Initial Study/Housing Element Update December 2009 /~ a~' /93 Dublin General Plan, City of Dublin, Updated through 9 / 14 / 06 Parks and Recreation Master Plan, City of Dublin, 2004 update City of Dublin Page 55 Initial Study/Housing Element Update December 2009 /~3a~ /~~ January 21, 2010 City of Dublin 2009-2014 Housing Element Update Project Response to Comments on draft Negative Declaration Introduction The City of Dublin issued a Negative Declaration for this project on December 12, 2009 to ensure California Environmental Quality Act compliance. The proposed project includes the adoption of the 2009-2014 Housing Element of the Dublin General Plan. The Housing Element is an integral part of Dublin's General Plan that, identifies housing related conditions; provides an assessment of housing needs for the next five-year period of time; identifies housing resources, opportunities and constraints; and, establishes policies, programs and quantified housing objectives to achieve housing needs. The updated Housing Element encompasses the entire City of Dublin. The City of Dublin published and circulated an Initial Study and Negative Declaration on December 12, 2009 fora 30-day public review period that ended on January 11, 2010. Comments Received Two comment letters were received: No. State A enc Comments Date 1 State of California, Caltrans 1/11/10 2 Livermore-Amador Valle Transit Authorit (WHEELS) 1/13/10 Copies of these letters are attached. Responses The following are responses to each of the comment letters. 1. State of California Department of Transportation Comment 1.1: The Department encourages the City to locate needed housing, jobs and neighborhood services near major mass transit nodes with connector streets configured to facilitate walking and biking. This will assist in promoting mass transit use and reducing regional vehicle miles traveled and traffic impacts on State highways. EXHIBIT B TO ATTACHMENT 2 City of Dublin Page 2 Response to Comments January 2010 Housing Element Update The City is asked to consider developing pedestrian, bicycling and transit performance measures as well as modeling pedestrian, bicycle and transit trips generated by the project so that impacts and mitigation measures can be quantified. Such measures could include travel demand management policies to encourage use of public transit facilities. The City is also being asked to analyze secondary impacts on pedestrians and bicyclists that might result from traffic impact mitigation measures. Pedestrian and bicycle mitigation measures should be identified, including safety measures. Response: This comment is acknowledged. The City has historically planned high density housing and jobs near major transit facilities. These efforts have included the Dublin Transit Center and the West Dublin BART Specific Plan, both adjacent to existing BART stations or BART stations under construction. The City of Dublin has also planned for high density housing and major employment nodes along Dublin Boulevard, Central Parkway and others which are accessible to BART by existing bus routes. The proposed Housing Element continues this trend of locating additional housing near regional and local transportation corridors. Regarding the comment that the City should develop and apply pedestrian, bicycling and transit performance service measures to assess projects, such a request is beyond the scope of the proposed Housing Element. In terms of any secondary impacts of the project on pedestrian and bicycle safety, no such impacts were identified in the Initial Study. Such impacts can be considered by the City when individual, site-specific housing projects that implement the updated Housing Element are reviewed by the City. 2. Livermore Amador-Valley Transit District (WHEELS Comment 1.1: The commenter notes that the draft Housing Element outlines many of the elements that LAVTA considers important in promoting atransit-friendly environment, including mixing of land uses, increasing development intensity and use of pedestrian-friendly site design practices. Response: This comment is acknowledged and no further response is required. Comment 1.2: The commenter requests that draft Housing Element Goal A.1 be changed to include atransit-specific support policy. Response: This comment regarding support of atransit-friendly goal is acknowledged. The City has historically planned high density housing and jobs near major transit facilities including the Dublin Transit Center planning area and the West Dublin BART Specific Plan area, both adjacent to existing BART stations or stations under construction. The City of Dublin has also planned for high density housing and major employment nodes along Dublin Boulevard, Central Parkway and others which are accessible to BART by existing bus routes. The proposed Housing Element continues this trend of locating additional housing near regional and local transportation Page 2 of 3 /BSa~/9j City of Dublin Response to Comments Housing Element Update Page 3 January 2010 corridors. Additionally, Policy A.5 includes promoting housing opportunities within mixed-use areas adjacent to public transportation. Comment 1.3: The commenter asks that the City consider reducing requirements that attempt to impose concurrency for vehicular capacity for redevelopment areas and instead focus on alternative transportation mitigation options and the potential for mixed use to achieve auto trip reductions. Response: This comment is acknowledged. No significant traffic or transportation impacts were identified in the Housing Element Update Negative Declaration. This suggestion for traffic analysis will be considered by the City when future site-specific housing developments are proposed that will implement the Housing Element. Comment 1.4: LAVTA supports efforts to redevelop and intensify land uses in the west Dublin area, particularly in the south area. LAVTA is continuing to make additional service upgrades along the Dublin Boulevard corridor in preparation for the deployment of the bus "Rapid" service in 2011. Response: This comment regarding land use densification near the West Dublin BART Station is acknowledged and no additional response is required. Page 3 of 3 RESOLUTION NO. 10- 04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF A NEGATIVE DECLARATION FOR THE 2009-2014 HOUSING ELEMENT UPDATE CITY-WIDE WHEREAS, the State of California requires that Cities and Counties adopt a comprehensive, long-term General Plan for the physical development of the City; and WHEREAS, the Housing Element is one of seven mandated elements of the General Plan and must address the existing and projected housing needs for all economic segments of the community; and WHEREAS, State law currently requires that Housing Elements be updated and certified every five years; and WHEREAS, the City of Dublin has contracted with Veronica Tam & Associates to assist Staff in preparing the Draft 2009-2014 Housing Element; and WHEREAS, in accordance with the California Environmental Quality Act certain projects are required to be reviewed for environmental impacts and when applicable, environmental documents prepared; and WHEREAS, in accordance with CEQA, updated Housing Elements are subject to environmental review; and WHEREAS, an Initial Study was prepared for the 2009-2014 Housing Element; and WHEREAS, upon completion of the Initial Study it was determined that a Negative Declaration should be prepared; and WHEREAS, an Initial Study/Negative Declaration was prepared and circulated for public review from December 12, 2009 to January 11, 2010; and WHEREAS, two comment letters were received on the Negative Declaration. One comment letter from the California Department of Transportation (Cal Trans) and the other from the Livermore/Amador Valley Transportation Authority (LAVTA); and WHEREAS, response to comments have been prepared; and WHEREAS, the Planning Commission held a properly noticed public hearing on the Housing Element update and Negative Declaration on February 9, 2010; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission adopt a Resolution recommending that the City Council adopt the Negative Declaration; and ATTACHMENT 3 WHEREAS, the Planning Commission did hear and consider the Initial Study/Negative Declaration and related comments and responses, all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the Negative Declaration. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby recommend that the City Council adopt a Resolution adopting a Negative Declaration for the 2009-2014 Housing Element Update, with the City Council Resolution attached as Exhibit A and the Negative Declaration attached as Exhibit B. PASSED, APPROVED AND ADOPTED this 9th day of February 2010 by the following vote: AYES: King, Brown, Schaub, Wehrenberg, Swalwell NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G: (General PIanlHousing ElementlHousingElement 20071Meeting 2010 PC 02.09.IOIPCReso 02.09.10 NegDec.doc 2 of 2 /~~ ~' lq3 RESOLUTION NO. 10- 05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT FOR THE 2009-2014 HOUSING ELEMENT UPDATE CITY-WIDE WHEREAS, the State of California requires that Cities and Counties adopt a comprehensive, long-term General Plan for the physical development of the City; and WHEREAS, the Housing Element is one of seven mandated elements of the General Plan and must address the existing and projected housing needs for all economic segments of the community; and WHEREAS, State law currently requires that Housing Elements be updated and certified every five years; and WHEREAS, the City of Dublin has contracted with Veronica Tam & Associates to assist Staff in preparing the Draft 2009-2014 Housing Element; and WHEREAS, the Draft 2009-2014 Housing Element includes Goals and Policies that will accomplish the following: o Ensure that a broad range of housing types are provided to meet the needs of existing and future residents; o Encourage and facilitate the development of lower and moderate income housing; o Maintain and enhance the quality of Dublin's existing neighborhoods; o Promote equal opportunity for all residents to reside in housing of their choice; o Increase energy efficiency and conservation in residential developments; and WHEREAS, the Draft 2009-2014 Housing Element also includes specific Housing Programs that will implement the Goals and Policies outlined above; and WHEREAS, the Housing Programs are grouped into the following six categories: 1. Conservation of the Existing Supply of Housing; 2. Production of Housing; 3. Provision of Adequate Housing Sites; 4. Removal of Governmental Constraints; 5. Promotion of Equal Housing Opportunity; and 6. Green Building Programs. ATTACHMENT 4 WHEREAS, on May 13, 2008 a Joint Study Session with the Planning Commission and Housing Committee was held to provide an overview of the Housing Element update process including the statutory requirements of what the Housing Element must address; and WHEREAS, on August 21, 2008 and September 18, 2008 Community Workshops were held to solicit input from the development community, service providers, housing advocates, residents and property owners; and WHEREAS, on April 28, 2009 a Joint Study Session with the Planning Commission and Housing Committee was held to present the Draft 2009-2014 Housing Element; and WHEREAS, on May 12, 2009 a public hearing was held before the Planning Commission on the Draft 2009-2014 Housing Element; and WHEREAS, the Planning Commission adopted Resolution 09-20 recommending that the City Council direct Staff to submit the Draft 2009-2014 Housing Element to the State Department of Housing and Community Development for review; and WHEREAS, on June 2, 2009 a public hearing was held before the City Council on the Draft 2009-2014 Housing Element; and WHEREAS, the City Council adopted Resolution 79-09 directing Staff to submit the Draft 2009-2014 Housing Element to the State Department of Housing and Community Development for review; and WHEREAS, Staff submitted the Draft 2009-2014 Housing Element to the State Department of Housing and Community Development in June 2009 and received comments from the State in August 2009; and WHEREAS, Staff addressed the comments provided by the State and resubmitted the Draft 2009-2014 Housing Element in September 2009 and received a letter from the State in November 2009 stating the Draft 2009-2014 Housing Element was ready to be certified upon adoption by the Dublin City Council; and WHEREAS, on January 5, 2010 an informational meeting was held for property owners of land designated for residential development; and WHEREAS, on January 21, 2010 a public meeting was held before the Housing Committee on the Draft 2009-2014 Housing Element; and WHEREAS, the Housing Committee did not have any concerns and recommended that the Planning Commission recommend City Council approval of the Draft Housing Element; and WHEREAS, in accordance with the California Environmental Quality Act certain projects are required to be reviewed for environmental impacts and when applicable, environmental documents prepared, and on February 9, 2010, the Planning Commission adopted Resolution recommending that the City Council adopt a Negative Declaration for the Housing Element update; and 2of3 /~o ~' ~9~ WHEREAS, the Planning Commission held a properly noticed public hearing on a General Plan Amendment for the 2009-2014 Housing Element update and related Negative Declaration on February 9, 2010; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission adopt a Resolution recommending that the City Council approve a General Plan Amendment for the 2009-2014 Housing Element update; and WHEREAS, the Planning Commission did hear and consider the Negative Declaration, all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the Draft 2009-2014 Housing Element; and NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby recommend that the City Council adopt a Resolution approving a General Plan Amendment for the 2009-2014 Housing Element update, with the City Council Resolution attached as Exhibit A and the 2009-2014 Housing Element attached as Exhibit B. PASSED, APPROVED AND ADOPTED this 9th day of February 2010 by the following vote: AYES: King, Brown, Swalwell, Wehrenberg, Schaub NOES: ABSENT: ABSTAIN: ATTEST: Planning Manager Planning Commission Chair G: (General PIanlHousing ElementtHousing Element 20071Meeting 2010 PC 02.09.IOIPCReso 02.09.10 GPA.doc 3of3 DRAFT ~~_I'i~ (lltrr \ ~~,~~~-'" f'~ Planning Commission Minutes l k - =' Tuesday, February 9, 2010 CALL TO ORDER/ROLL CALL DRAFT A regular meeting of the City of Dublin Planning Commission was held on Tuesday, February 9, 2010, in the City Council Chambers located at 100 Civic Plaza. Chair King called the meeting to order at 6:59:54 PM Present: Chair King; Vice Chair Brown; Commissioners Schaub, Swalwell and Wehrenberg; Jeff Baker, Planning Manager; Marnie Waffle, Senior Planner; and Debra LeClair, Recording Secretary. Absent: None ADDITIONS OR REVISIONS TO THE AGENDA -NONE MINUTES OF PREVIOUS MEETINGS - On a motion by Cm. Swalwell, seconded by Cm. Brown the minutes of the January 12, 2010 meeting were approved. ORAL COMMUNICATIONS -NONE CONSENT CALENDAR -NONE WRITTEN COMMUNICATIONS -NONE PUBLIC HEARINGS - 8.1 General Plan Amendment for the 2009-2014 Housing Element Update and Negative Declaration Mamie Waffle, Senior Planner presented the project as outlined in the Staff Report. Cm. Wehrenberg asked if the comment letters and their responses would be included in the Housing Element. Ms. Waffle answered they are Attachment 3 to the Staff Report and are part of the environmental document that will go forward to the City Council for adoption. Cm. Brown asked if the various income levels mentioned in the Staff Report include the 5 new housing programs, i.e. transitional, homeless shelters, etc. Ms. Waffle stated that the City must amend the Zoning Ordinance to accommodate the new housing types. She continued if there was a developer willing to build those types of housing projects then the units would count towards the City's RHNA allocation. She continued that Dublin has enough vacant land that is adequately zoned to meet the RHNA numbers. Planning Commission ~Fe6raary 9, 2010 2~gufar Meeting 7 ATTACHMENT 5 ` /9.~ DRAFT DRAFT Cm. Brown felt that this type of housing was usually provided by non-profit organizations. He asked if Dublin is doing anything to attract non-profits to develop these types of housing projects. Ms. Waffle stated the City would make the sites available by amending the Zoning Ordinance. Mr. Baker added the Zoning Ordinance would be amended to allow these housing types, but the Housing Element does not require the City to provide the housing. Chair King asked Ms. Waffle to explain the short-term rental opportunities and the "up to six month" limit. Ms. Waffle stated that there is a limit on how long a person can stay in transitional housing but a minimum stay of 6 months. Chair King asked who would provide the transitional housing, and does Dublin have any existing short-term rental facilities. Veronica Tam, Veronica Tam and Associates, answered typically transitional housing is for people who are working towards obtaining permanent housing such as victims of domestic violence, previously homeless or children aging out of the Foster Care system. She continued this housing is not intended to be long term. Non-profit organizations would place various people in their housing units and they would be allowed to stay for a minimum of 6 months. State laws allow local jurisdictions to regulate the type of housing, but not who resides in that housing. She stated that the Zoning Code amendment would regulate the type of housing used for transitional housing. Chair King asked if Dublin is relying on non-governmental/non-profit agencies to supply these transitional housing units. Ms. Tam answered that some programs are typically funded by non-profits with support from some local jurisdictions, but most of the funding comes from state and federal programs. Chair King opened the public hearing and hearing no comments, closed the public hearing. On a motion by Cm. Wehrenberg and seconded by Cm. Swalwell, on a vote of 5-0, the Planning Commission approved: RESOLUTION NO. 10 - 04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF A NEGATIVE DECLARATION FOR THE 2009-2014 HOUSING ELEMENT UPDATE CITY-WIDE ~P(anning Commission ~Fe6~uary 9, 2010 ~gular ~Lfeeting g /9J' e~ /9~ DRAFT DRAFT RESOLUTION NO. 10- 05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT FOR THE 2009-2014 HOUSING ELEMENT UPDATE CITY-WIDE NEW OR UNFINISHED BUSINESS -NONE OTHER BUSINESS -NONE 10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). 10.2 Cm. Schaub announced that he was appointed to the Green Initiative Task Force and was looking forward to serving. 10.3 Jeff Baker, Planning Manager mentioned the Downtown Dublin Specific Plan Scoping meeting on the EIR scheduled for Thursday, February 11, 2010. ADTOURNMENT -The meeting was adjourned at 7:20:56 PM Respectfully submitted, Morgan King Chair Planning Commission ATTEST: Jeff Baker Planning Manager G: ~ MINUTES ~ 2010 ~ PLANNING COMMISSIONS 2.9.10.doc ~I'lannnig Commission ~Fe6n~ary 9, 2010 ~gular Meeting 9