Loading...
HomeMy WebLinkAboutReso 207-03 PinnBrPDReZoneSt2RESOLUTION NO. 207 - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN MAKING FINDINGS RELATED TO TIlE PLANNED DEVELOPMENT (PD) REZONING AND STAGE 2 DEVELOPMENT PLAN, APPROVING AN EIR ADDENDUM, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PINN BROTHERS FINE HOMES/SILVERIA RANCH PROJECT ON 93.4 ACRES EAST OF TASSAJARA ROAD AT THE INTERSECTION OF FALLON ROAD PA 02-024 WHEREAS, Allan R. Pinn of Pinn Brothers Fine Homes has requested approval of a Planned Development Rezoning and related Stage 2 Development Plan for PA 02-024, the Silveria Ranch project on approximately 93.4 acres generally located east of Tassajam Road and at the intersection of Fallon Road to the north and south, encompassing 2 properties and the contiguous right-of-way known as Tassajara Road, APN. 985-0002-008-02 and APN. 985-0002-007-02, for development of a 254 dwelling unit residential development, in the Eastern Dublin Specific Plan area; and WHEREAS, the City Council previously approved an annexation and PD-Planned Development prezoning/Stage 1 Development Plan for an approximately 103 acre area, including the 93.4 acre Project site, which area was annexed as of May 5, 2003 with the filing of the annexation map and payment of State taxes and fees; and WHEREAS, Applicant/Developer has submitted a complete application for a Stage 2 Planned Development Rezoning and Development Plan dated June 14, 2002, as required by Section 8.32 of the Zoning Ordinance, which is available and on file in the Community Development Department, Planning Division; and WHEREAS, this project is within the Dublin General Plan Eastern Extended Planning Area and the Eastern Dublin Specific Plan area, for which a Program EIR was certified pursuant to the California Environmental Quality Act (CEQA) (SCH No. 9 I-103064). The Eastern Dublin EIR identified significant unavoidable impacts from development of the Eastern Dublin area, some of which could apply to the Project. Pursuant to the Communities for a Better Environment case, approval of the proposed Project must be supported by a new Statement of Overriding Considerations; and WHEREAS, to determine if there were any supplemental impacts that would require the preparation of a supplemental EtR, the City prepared an Initial Study for the project on September 17, 2003. (See Exhibit A, attached and incorporated by reference.) As part of the Initial Study, the City reviewed wildlife surveys performed in spring and August 2003 by Jeff Olberding, Inc. for the applicant, which found two tiger salamanders in a pond on the adjacent Mission Peak property, approximately 172 feet from the Project property boundary. The results of the survey are set forth in a report titled California Tiger Salamander Assessment for the Silveria-Haight Property, Olberding Environmental, Inc., September 2, 2003. The report recommended four strategies that could be implemented during project construction to assure that the project would not affect tiger salamander that could potentially be present. The strategies included a construction buffer of approximately 750 feet to be maintained during grading and vegetation cleating surrounding the breeding pond during the breeding and migratory seasons (November through June) to protect potential aestivation habitat. The closest limit of grading from the pond to the Silveria Ranch property is approximately 275 feet (see Figure 6 in Attachment 6 to the project report, Distances to Mission Peak Pond), and the closest developed lot is 431 feet from the pond. The Eastern Dublin EIR calls for at least a 100-foot buffer around salamander breeding sites. The Applicant has incorporated the 750 foot construCtion buffer and other recommendations of the biological survey report in the project Development Plan, which are also reflected in the Conditions of Approval for the Vesting Tentative Tract Map and Site Development Review; and WHEREAS, the applicant has incorporated all four recommendations in the Project, and also designated 49.1 acres of open space consistent with the previously approved Stage 1 DP to remain permanently undeveloped to preserve visual resources and potential aestivation habitat areas; and WHEREAS, based on the Initial Study, an addendum to the Eastern Dublin EIR has been prepared to update the Eastern Dublin EIR analysis with respect to the California tiger salamander survey for the Project. The updated survey and protective measures incorporated into the Project constitute a minor change in the project and environmental review under CEQA guidelines Section 15164(a). As analYzed in the Addendum, the project will have no significant impact on the species that was not addressed in the previous EIR. As further analyzed in the Addendum and Initial Study, all other environmental impacts of this project were fully addressed in the Eastern Dublin EIR, and no new significant information has arisen for this project during the preparation of the initial study and addendum that would require further environmental review under CEQA Guidelines §§ 15162, 15163; and WHEREAS, the Planning Commission held a public hearing on said application on September 23, 2002; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission approved the Vesting Tentative Tract Map and Site Development Review for PA 02-024, and recommended approval of the Stage 2 Planned Development Rezoning and Development Plan and EIR Addendum for PA 02-024 to the City Council; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Stage 2 Planned Development Rezoning and Development Plan and EIR Addendum for PA 02-024; and WHEREAS, the City Council considered the EIR Addendum with the previously certified Eastem Dublin EIR before making a decision on the Project; and WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth prior to taking action on the proposed Planned Development Rezoning and Stage 2 Development Plan. 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 make the following findings and determinations regarding approval of the said proposed Planned Development Rezoning and Stage 2 Development Plan for PA 02-024: o o The proposed Planned Development Rezoning and Stage 2 Development Plan meets the intent and purpose of Chapter 8.32 of the Zoning Ordinance and accomplishes the objectives of Section 8.32.010, A through H, of the Zoning Ordinance because it provides a Stage 2 Development Plan for the Pinn Brothers Fine Homes, Inc., Silveria Ranch project (PA 02-024) that will create a desirable use of land and an environment that will be harmoni0u~,and ~ompatible with existing and potential development in surrounding areas and because the site plan has been designed to be compatible with other proposed and approved plans in the vicinity. The project site is physically suitable for the type, density and intensity of this residential project in that it is intended to conform with the City policies related to hillside development and to be designed to minimally affect the existing topography and terrain of the site; has adequate access; and, is of a sufficient size to provide housing as well as open space for the future residents of the project. The proposed Planned Development Rezoning and Stage 2 Development Plan for the project will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety or welfare because the Development Plan for the project has been designed in accordance with the City of Dublin General Plan, Eastern Dublin Specific Plan and Program EIR and Addenda. Additionally, project specific analysis has determined that the project's design is sensitive to biological features onsite and to surrounding land uses. The proposed Planned Development Rezoning and Stage 2 Development Plan for the project is consistent with all elements and policies of the Dublin General Plan and the Eastern Dublin Specific Plan because the 254 unit single family and multi-family project is within, and is consistent with, the total number of units allowed within the density range of the Single Family, Medium Density Residential and Medium-High Density Residential designations of both the City of Dublin General Plan Land Use Element and Eastern Dublin Specific Plan (as amended), and because it conforms to the elements and policies of those plans through the provision of open space and wildlife habitat protection required by the Land Use, Parks and Open Space and Conservation Elements, roadways consistent with the Circulation Element, adequate public facilities as required by the Schools, Public Lands and Utilities Element, Housing as desired by the Housing Element, and safe design, as required by the Seismic Safety and Safety Element. The Planned Development Rezoning and Stage 2 Development Plan is consistent with Chapter 8.32 of the City's Zoning Ordinance because the Stage 2 Development Plan for the project establishes permitted uses which will ensure that the project is compatible with existing and proposed residential and public uses in the immediate vicinity. The Planned Development Rezoning and Stage 2 Development Plan will provide efficient use of the land pursuant to the Eastern Dublin Specific Plan that includes the preservation of significant open areas and natural and topographic landscape features with minimum alteration of natural landforms. The Planned Development Rezoning and Stage 2 Development Plan will be compatible with and enhance the general development of the area by creating an attractive, efficient and safe environment, and by integrating affordable housing within the medium and medium-high density residential units. The Planned Development Rezoning and Stage 2 Development Plan will not overburden public services as all agencies have committed to the availability of public services prior to the annexation of the property to the City of Dublin, and will reconfirm their commitment prior to the issuance of building permits as required by the Eastern Dublin Specific Plan policies and mitigation measures. The adopted Eastem Dublin General Plan Amendment and Specific Plan Mitigation Monitoring Program serves as the reporting and monitoring program required by Public Resources Code Section 21081.6 for the Planned Development Rezoning and Stage 2 Development Plan in conjunction with the Conditions of Approval of the Vesting Tentative Tract Map and the Site Development Review, approved by the Dublin Planning Commission. BE IT FURTHER RESOLVED THAT the Dublin City' Council approves the Addendum and Initial Study attached as E,xhibit A and incorporated herein by reference. BE IT FURTHER RESOLVED THAT the Dublin City Council adopts the Statement of Overriding Considerations for the Project attached as Exhibit B and incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 2 lth day of October 2003. AYES: Councilmembers McCormick, Oravetz, Sbranti and Mayor Lockhart NOES: None ABSENT: Councilmember Zika ABSTAIN: None ATTEST: ~ ~ ,~? K2/G/10-21-03/reso-pinnbrothers.doc (Item 6.3 ) G:\02024\CC-ResoPD2findings.doc 4 ADDENDUM TO THE EASTERN DUBLIN EIR FOR THE PINN BROTHERS/SILVERIA RANCH PROJECT PA 02-024 September 17, 2003 On May 10, 1993, the Dublin City Council adopted Resolution 51-93 certifying an Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan ("Eastern Dublin EIR" SCH # 91103064). The certified EIR consisted of Draft EIR and Responses to Comments bound volumes, as well as an Addendum dated May 4, 1993 assessing a reduced development area project alternative. The City Council adopted Resolution 53-93 approving a General Plan Amendment and Specific Plan for the reduced area alternative on May 10, 1993. On August 22, 1994, the Council adopted a second Addendum updating wastewater disposal plans for Eastern Dublin. The Eastern Dublin EIR evaluated the potential environmental effects of development over a 20 to 30 year period. This Addendum to.the Eastern Dublin EIR has been prepared pursuant to CEQA Guidelines section 15164 for the Pinn Brothers project. Project Description and Prior Approvals The Pinn Brothers project ("Project") consists of 254 multi-family and single family homes on an approximately 93 acre site located on the east side of Tassajara Road, at the planned intersection with Fallon Road. Consistent with the adopted General Plan and Eastern Dublin Specific Plan land uses and densities, the site was prezoned to PD- Planned Development, including approval of a Stage 1 Development Plan on October 1, 2002. In a related action on September 17, 2002, the City Council initiated an annexation application to LAFCO and the site has since been annexed to the City. The developer is now requesting project-level approvals including a PD rezoning and Stage 2 Development Plan, Vesting Tentative Map and Site Development Review on approximately 93 acres. The project would construct 254 new homes on approximately 36 acres of the project' site; approximately 56 acres is proposed for permanent open space. As required under Chapter 8.32 of the City zoning ordinance, the current applications are consistent with the Stage 1 DevelOpment Plan approved in 2002. Prior CEQA Analyses and Determinations The Project is within the Eastern Dublin General Plan Amendment and Specific Plan ("GPA/SP") planning area which was the subject of the Eastern Dublin EIR, certified in 1993. The EIR analyzed the potential effects of future urban development planned, for a largely undeveloped area east of the then-existing City. Numerous environmental im pacts were identified and numerous mitigation measures adopted upon approval of the Eastern Dublin GPNSP. For identified impacts that could not be mitigated to insignificance, the City Council adopted a Statement of Overriding Considerations. All previously adopted mitigation measures con Iinue to apply to any future development as applicable, including the Pinn Brothers project. In 2002, the City determined that the annexation and prezoning applications for the proposed development were exem pt from further environmental review under the Government Code section 65457 exemption for residential projects that are consistent with a specific plan for which an EIR had been certified. Consistent with the exemption and with CEQA Guidelines section 15162, the City prepared an Initial Study to determine if any supplemental environmental review would be required. The Initial Study concluded thatno significant impacts would occur beyond those identified in the Eastern Dublin EIR. A primary focus of the Initial Study was potential biological resources. The Eastern Dublin EIR had noted the potential presence of several sensitive species and habitats throughout Eastern Dublin, and had prescribed mitigation measures calling for further site-specific review of individual project sites. In accordance with the mitigation measures, the applicants conducted reconnaissance level surveys of the Project site from 1999 to 2001 for the presence of red-legged frog, tiger salamander, San Joaquin kit. fox, and golden eagle. Follow-up studies examined the site for dispersal habitat for red-legged frog. The studies determined that EXH[B)T species were not present on the site and that the site was not habitat for these species. Based on these survey findings, the annexation and prezoning project was found exem pt from further CEQA review. Current CEQA Analysis and Determination that an Addendum is Appropriate ~or the Project Updated Initial Study. The City has determined that an Addendum to the Eastern Dublin EIR is the appropriate CEQA review for the Project. Prior to making this determination, the City reviewed the Eastern Dublin EIR and previous Initial Study to determine if any further environmental review was required for the current PD- rezoning, tentative map and site development review applications. The C!ty also reviewed the results of an AugUst 2003 survey for California tiger salamander breeding and aestivation habitat. (Califomia Tiger Salamander Assessment for the Silveria-Haight Property, Olberding Environmental, inc., September 2, 2003.) The updated survey found two tiger salamander in a pond on the adjacent Mission Peak property, approximately 172 feet from the Project property boundary. With these results, the Olberding report noted that presence of tiger salamander on the Project site would likely be assumed "due to the close proximity of a breeding pond." (p. 6.) The report also noted abundant ground squirrel burrows on the Project site, "which represent appropriate CTS aestivation habitat." (p. 7.) The report recommended four strategies that could be implemented during project construction to assure that the project would not affect tiger salamander that could potentially be present. The applicant has included all four recommendations in the Project. The City prepared an updated Initial Study dated September 9, 2003 and incorPorated herein by reference, reflecting the' Olberding survey and report, and the inclusion of the report's recommendations into the Project. The Initial Study also noted that the Project includes a substantial open space component, with approximately 49 acres of the Project site shown as permanent open space, and 8 acres as open space in the Project's Development Plan. Most of the open space area is north and east of Fallon Road on the Mission Peak side of the road, while most of the development area lies to the south and west, across Fallon Road from the Mission Peak pond area, No Subsequent Review is Required per Guidelines section 15162. CEQA Guidelines section 15162 identifies the conditions requiring subsequent environmental review. After review of these conditions, the City has determined that no subsequent EIR or negative declaration is required for the Project. a) Are there substantial changes to the project involving new or more severe significant impacts. There are no substantial changes from the project analyzed in the Eastern Dublin EIR. The Project is consistent with the residential uses and densities in the General Plan and the Eastern Dublin EIR. The Project is also consistent with the prezoning and Stage 1 Development Plan approved in 2002. The Project proposes minor density shifts between the single family and medium density residential areas but no increase in the development area and a slight decrease in the number of proposed units, from 259 to 254. None of these changes involves new or more severe significant impacts beyond those previously identified in the Eastern Dublin EIR. b) Are there substantial changes in the conditions in which the project is undertaken involving new or more severe significant impacts. There are no substantial changes in the conditions assumed in the Eastern Dublin EIR. As noted in the updated Initial Study, the California Tiger Salamander was proposed for listing earlier this year. This is not a substantial change under CEQA because the tiger salamander has long been a Species of Special' Concern and impacts to this species from development under the General Plan were addressed in the Eastern Dublin EIR and identified as potentially significant. (impact 3.7/G.) Related Mitigation Measures 3.7/20.0 to 22.0 are being implemented through the Project. For example, the Project boundary is approximately 172 feet from the Mission Peak pond, while the nearest construction pad is even further (approximately 275 feet). In addition, the Project includes a 750 foot construction buffer to be maintatined, where grading and vegetation clearing surrounding the breeding pond dudng the breeding and migratory seasons (November- June) is prohibited, as recommended in the Olberding report. These buffers are consistent with the adopted EIR mitigations calling for a minimum 100 foot buffer 2 from California tiger salamander breeding sites. (M[Vl 3.7~22.0.) The Project also includes substantial open space which will also provide suitable aestivation habitat for the species. The potential for impacts to tiger salamander from development were addressed and mitigated through the Eastern Dublin EiR and no new or more severe significant impacts are anticipated. c) is there new information of substantial importance, which was not known and could not have been known at the time of the previous EIR shows the project will have a significant effect not addressed in the previous E/R; or previous effects are more severe; or, previously infeasible mitigations are now feasible but the applicant decline to adopt them; or, mitigations considerably different from those in the previous EIR would substantially reduce significant effects but the applicant declines to adopt them. There is no new information showing a new or more severe significant effect. The Olberding report is consistent with the Eastern Dublin EIR analysis of the potential for tiger salamander to be present on future development sites. The adopted mitigation measures call for buffers around breeding sites, open space planning for habitat and surveys to determine species presence. All of these mitigations have been complied with by the applicant and measures included in the Project as appropriate. d) If no subsequent EIR-level review is required, should a subsequent negative declaration be prepared? No subsequent negative declaration or mitigated negative declaration is required because there are no impacts, significant or otherwise, .of the PrOject beyond those identified in the Eastern Dublin EIR. As discussed above, the proposed listing of the California tiger salamander is not a new impact because the potential for impacts to this species was identified as potentially significant in the pdor EIR. Conclusion. This Addendum to the Eastern Dublin EIR is adopted pursuant to CEQA Guidelines section 15164. The Addendum updates the biological analysis for the Project with respect to the potential presence of California tiger salamander; however, as discussed above, the update does not require further environmental review. The City prepared an Initial Study in connection with the determination to adopt an Addendum. As provided in section 15164, the Addendum need not be circulated for Public review, but'shall be considered with the prior EIR before making a decision on the Project. The Initial Study (including the Olberding report) and the Eastern Dublin EIR are available for review in the Community Development Department, Dublin City Hall, 100 Civic Plaza, Dublin, California. g:\pa\2002\02-024\addendum.draft 091703 OF DUBLIN Dublin, Ca ifomia 94568 CITY OF DUBLIN INITIAL STUDY June 28, 2002 Revised September 17, 2003 Website: h~p://www.ci.du blin.ca, us Pinn Brothers Construction, Inc. (Pinn Brothers Fine Homes) - Silveria/Haight/Nielsen Properties Stage 1 Planned Development Prezoning/Development Plan and Annexation Agreement Stage 2 Planned Development Rezonin~Development Plan, Vesting Tentative Tract Map & Site Development Review 6615 & 6833 Tassajara Road Planning Application # 02-024 INTRODUCTION This Initial Study has been prepared by the City of Dublin to assess whether the potential site-specific nvironmental effects o£the proposed Pinn Brothers Construction, Inc. - SilveridHaight/Nielsen Properties otage 1 Planned Development Prezoning/Development Plan and Annexation request, and Stage 2 Planned Development Rezoning/Development Plan, Vesting Tentative Tract Map & Site Development Review, are within those examined in the Program EIR for the East Dublin General Plan Amendment and the Specific Plan, and whether any other circumstances require preparation of a supplemental or subsequent Environmental Impact Report (EIR) under Govt. Code Section 65457 or Pub. Res. Code Section 21166. The analysis is intended to satisfy~the requirements of the California Environmental Quality Act (CEQA), and provide the City with adequate information for project review. The analysis is conducted in checklist form, as suggested by the Program EIR. This Initial Study includes a Project Description, Environmental Checklist Form, an Evaluation and Discussion of issues identified in the checklist, and a Determination. PROJECT DESCRIPTION The earlier project consisted of a Stage 1 PD Prezoning and Development Plan and proposal for Annexation to the City pi Dublin for approximately 260 homes on 105.7 acres located on the Silveria, Haight and Nielsen properties located south and east of the intersection of Tassajara Road and Fallon Road. The proposed project is located entirely within the East Dublin Specific Plan Area as adopted in October 1996 by the City of Dublin City Council. The applicant requested annexation to the City of Dublin through LAFCO as the property lies outside but contiguous with the incorporated City boundary. LAFCO granted the annexation request in January 2003, and final annexation occurred in May 2003. Dubhn De~... e De ~e Pinn Bros./~C~Cg3~mi~g/~¢k[/_&..~,~.~.JgP~,¢¢t P~'~' s Communi, Services 833-6845 ' Police 833-6870 PA 02-024 P~ann~ng/Code Enforcement 833-6610 · Building inspection 833-6620 · Fire Prevention Bureau 833-6606 Prin~'ed on Recycled Paper Pinn Brothers Fine Homes has recently Submitted a new project application consisting of a Planned Development Rezoning and Stage 2 Development Plan, Vesting Tentative Tract Map and Site Development Review for 254 multi-family and single-family homes on approximately 93.4 acres of annexed properties located southeast and northeast of the interse%ion Of Tassajara Road and the future extension of Fallon Road. The 93.4 acres to be developed include the Silveria and Haight properties, now known as the Silveria Ranch. The remaining 10 acres of the original annexation area are owned by Robert Nielsen Jr., and are not included in the proposed development. If the property owner of the parcel proposes to develop the site in the future for a use other than agriculture, approval of a Planned Development Rezoning and Stage 2 Development Plan will be required prior to development. Government Code section 65457 provides that any residential project that is consistent with a specific plan for which an EIR has been certified is exempt from CEQA, unless a supplemental EIR is required. The City prepared tiffs Initial Study, dated June 28, 2002 and revised September 17, 2003, for the project, to determine whether there will be supplemental environmental impacts occurring as a result of this project beyond or different from those already addressed in the Program EIR SUMMARY This Initial Study has resulted in the conclusion that the proposed Project would not have any significant effects on the environment beyond those examined in the Program EI~ for the East Dublin General Plan Amendment and Specific Plan. A Negative' Declaration will not be prepared because the environmental impacts of this project were addressed by the Final EIR for the Eastern Dublin General Plan amendment and Specific Plan (SCH# 91-103064) and addenda. The EIR did identify some impacts from implementation of the General Plan/Specific Plan that could not be mitigated. Upon certification of the EItL the City ad°Pted a statement of' overriding considerations for such impacts. Pursuant to the recent comments in the Citizens for a Better Environment case, the City Council will be required to adopt a new Statement of Overriding Considerations for significant and adverse impacts identified by the Eastern Dublin EIR applicable to the project. The City also adopted a mitigation-monitoring program, which included numerous measures intended to reduce impacts from the development of the'Eastern Dublin area, and the City proposes to adopt an addendum to the Eastern Dublin EIR for the project (See Attachment to this document). No significant new information, has arisen for this project during the preparation of this Initial Study that would require further environmental review. Environmental Checklist Form Initial Study Project title: PA 02-024, Pirm Brothers Construction, Inc. (Pirm Brothers Fine Homes) - Silveria/Haight/Nielsen Properties Stage 1 PD Prezoning/Development Plan and Annexation Agreement Request, and Silveria Ranch Properties Stage 2 PD Rezoning/Development Plan, Vesting Tentative Tract Map and Site Development Review Lead agency name and address: City of Dublin, 100 Civic Plaza, Dublin, California, 94568 3. Contact person and phone number: Janet Harbin, Senior Planner, (925) 833-6610 4. Project location: Silveria, Haight and Nielsen properties located south and east of the intersection of Tassajara Road and Fallon Road, within the East Dublin Specific Plan area (6615 & 6833 Tassajara Road). Dublin Community Development Department Pirm Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 5. Assessors Parcel Number(s): 985-2-7-1,985-2-8-2, 985-2-9 Project sponsor's name and address: Pinn Brothers Construction, Inc. 1475 S. Saratoga Ave., Suite 250 San Jose, CA 95129 Atto: Dale Garren General Plan designation: Single Family Residential (0.9 - 6.0 du/ac), Medium Density Residemial (6.1 - 14.0 du/ac), Medium-High Density Residential (14.1 - 25.0 alu/ac), and Rural ,Residential'(1.0 du/100 acres). Zoning: PD Planned Development Description of.project: Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) The proposed project consists of a Stage I PD Prezoning and Development Plan, in conjunction with a request to enter into an Annexation Agreement with the City to develop approximately 260 homes on 105.7 acres located on the Silveria, Haight and Nielsen properties located south and east of the intersection of Tassajara Road and Fallon Road. 10. Surrounding land uses and setting: Briefly describe the project's surroundings: The project site area is located north of Dublin ranch and the Quarry Lane private school on undeveloped land. The lands to the west, north and east are undeveloped at the present time. Property to the west across Tassajara Road is currently under review for a General Plan Amendment, Specific Plan Amendment, and Prezoning for residential land use designation and annexation. Nearby properties in Dublin Ranch, immediately to the south, are being developed for residential purposes at this time. 11. Other public agencies whose approval is required: Annexation request requires approval by LAFCO to be finalized. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project and were not examined in the Program EIR, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics ~ Agriculture Resources ~-~Air Quality ~-~ Biological Resources ~ Cultural Resources ~-~ Geology/Soils Dublin Community Development Department Pirm Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 Hazards & Hazardous Materials Hydrology / Water Quality ~ Mineral Resources ~-~ Noise ~-~ Land Use / Planning PopulatiOn / Housing Public Services ~-~ Recreation ~ Transportation/Traffic ~-~ Utilities / Service Systems [__j Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ~-~ I find that the proposed project COULD NOT have a significant on environment, a effect the and NEGATIVE DECLARATION will be prepared. ~ I find that the proposed project COULD NOT have a significant effect on the environment and that a NEGATIVE DECLARATION will NOT BE REQUIRED because, pursuant to Section 65457 (a) of the Government Code, this residential development is undertaken to implement and is consistent with the Eastern Dublin Specific Plan for which an environmental impact report has been certified after January 1, 1980 and is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. No event as specified in Section 21166 of the Public Resources Code has occurred. The impacts of this project were adequately addressed by the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan (and addenda) that was certified on May-10, 1993 (Resolution 51-93) pursuant to CEQA Guidelines section 15168 (SCH: 91103064), and by the field analysis performed by Leslie Zander of Zander Associates with an update (August 2003) prepared by Olberding Environmental, Inc. for the California Tiger Salamander. All recommendations of the biologist have been incorporated in the project. ~ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ~ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ~ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Dublin Community Development Department 4 Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development P1an PA 02-024 ~J~n~t Harbin, Senior Planner Printed name I find that although the proposed project could have a significant effect on the environment, because ail potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that arlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed apon the proposed project, nothing further is required. September 17, 2003 Date City of Dublin For EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as Well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially'Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less 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 (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, Dublin Community Development Department Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 6) 7) 8) 9) and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures that were incorporated or refined from the earlier~'-. document and the extent to which they address site-specific conditions for the project. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to project's environmental effects in whatever format is selected. The explanation of each issue shoUld identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance Dublin' Community Development Department Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 Environmental Impacts. The source of determination is listed in parenthesis. See listing of sources used to determine each potential impact at the end of the checklist. A full discussion of each item is rand following the checklist -~ - Potentially Less Than Less Than No Significant significant Significanl Impact Impact with Impact Mitigation Incorporation X X X X X X AESTHETICS -- Would the project: not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Source: 2, 9) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Source: 2, 9) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Source: 2, 9) II. AGRICULTURE RESOURCES -- In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (Source: 2, 3, 9) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Source: 2, 3, 9) a) Have a substantial adverse effect on a scenic vista? (Source: 2, 9) b) Substantially damage scenic resources, including, but Dublin Community Development Department Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 c) Involve other changes in the eXisting environment that, due to their location or nature, could result in conversion o] Farmland, to non-agricultural use? (Source: 2, 9) III. AIR QUALITY -- Where available, the significance Criteria established by the applicable air quality Management or air pollution control district may be Relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan?(Source: 3, 9) b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Source: 3, 9) 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)? (Source: 3, 9) d) Expose sensitive receptors to substantial pollutant concentrations? (Source: 2, 3, 9) e) Create objectionable odors affecting a substantial number ofpeople?(Source: 2, 3, 9) IV. BIOLOGICAL RESOURCES --Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified .as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department ofFish and Game or U.S. Fish and Wildlife · Service? (Source: 2, 3, 9,10) Potentially Less Than Less Than No Significant Significant Significant Impacti Impact with Impact -, Mitigation Incorporation X X' X X X X X Dublin Community Development Department Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Source: 2, 3, 9,10) c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Source: 2, 3, 9,10) d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Source: 2, 3, 9,10) -) Conflict with any local policies or ordinances protecting Aological resources, such as a tree preservation policy or ordinance? (Source: 2, 3, 9,10) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional, or state habitat conservation plan? (Source: 2, 3, 9,10) V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? (Source: 2,3, 9) b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? (Source: 2,3, 9) c) Directly or indirectly destroy a unique paleontological ~esource or site or unique geologic feature? (Source: 2,3, 9 Potentially Less Than Less Than No - Siguificant Significant Significant Impact Impact with Impact Mitigation Incorporation X X ~ X X X X X X Dublin Community Development Department Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation _. Incorporation X X X X X X X X X d) Disturb any human remains, including those interred outside of formal cemeteries? (Source: 2,3, 9) VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. (Source: 1, 2; 3, 9) ii) Strong seismic ground shaking? (Source: 1, 2, 3, 9) iii) Seismic-related ground failure, including liquefaction? (Source: 1, 2, 3, 9) iv) Landslides? (Source: 1, 2, 3, 9) b) Result in substantial soil erosion or the loss of topsoil? (Source: 1, 2, 3, 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 collapse? (Source: 1, 2, 3, 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? (Source: 1, 2, 3, 9) e) Have soils incapable'of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? (Source: 1, 2, 3, 9) Dublin Community Development Department Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 VII. HAZARDS AND HAZARDOUS MATE~S - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Source: 2, 3, 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? (Source: 2, 3, 9) c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (Source: i, 3, 9) d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, -~ould it creme a significant hazard to the public or the .nvironment~(Source: 2, 3, 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 result in a safety hazard for people residing or working in the project area? (Source: 1, 3, 9) f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing.or working in the project area? (Source: 1, 3, 9) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Source: 2, 3, 9) h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Source: 2, 9) Potentially Less Than Less Than No Significant significant Significanl Impactl Impact with Impact Mitigation Incorporation X X X X X X X X Dublin Community Development Department Pinn Br6s./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 VIII. HYDROLOGY AND WATER QUALITY- Would the project: a) Violate any water quality standards or waste discharge requirements? (Source: 2, 3, 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 pre-existing nearby wells would droP to a level which would not support existing land uses or planned uses for which permits have been granted)? (Source: 2,3,9 c) Substantially alter the existing drainage pattern of the site or'area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? (Source: 2, 3, 9) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? (Source: 2, 3, 9) e) Create or contribute runoff water which would exceed the capacity of existing o? planned stormwater drainage systems or provide substantial additional sources of polluted runoff?. (Source: 2, 3, 9) f) Otherwise substantially degrade water quality? (Source: 2, 3, 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 hazard delineation mapl (Source: 2, 3, 9) h) Place within a 100-year flood hazard area structures that would impede or redirect flood flows? (Source: 2, 3, 9 Dublin Community Development Department Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation Incorporation X X X X X X X X Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 12 i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure ora levee or dam? (Source: 2, 3, 9) j) Inundation by seiche, tsunami, or mudflow? (Source: 1, 9) Potentially Less Than LessThan No Significant Significant Significanl Impact Impact with Impact Mitigation _~ ~ Incorporation X X IX. LAND USE AND PLANNING - Would the project a) Physically divide an established community? (Source: 1, 2; 3, 4, 5, 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, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Source: 1, 2, 3, 4, 5, 9) ) Conflict with any applicable habitat Conservation plan or natural community conservation plan? (Source: 1,2,3,4,5,! X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (Source: 2, 3, 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? (Source: 2, 3, 9) XI. NOISE - Would the project result in: Dublin Community Development Department Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 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? (Source: 2, 4, 9) b) Exposure of persons to or generation of excessive groundborne vibration or groundbome noise levels? (Source: 2, 4, 9) c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (Source: 2, 4,9) d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Source: 2, 4, 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 in the project area to excessive noise levels? (Source: 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? (Source: 1,9) XII. POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (Source: 2, 3, 9) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Source: 1, 2, 9) c) Displace substantial.numbers of people, necessitating the construction of replacement housing elsewhere? (soUrCe: 1, 2, 3, 9) xIH2 PUBLIC SERVICES X X X X X X X X X Dublin Community Development Department Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 !4 a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new r physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire Protection? (Source: 2, 3, 9) Police Protection? (Source: 2, 3, 9) Schools? (Source: 2, 3, 9) Parks? (Source: 2, 3, 9) Other Public Facilities? (Source: 2, 3, 9) XIV. RECREATION- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of "he facility would occur or be accelerated? (Source: 2, 3, 9 b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Source: 2, 3, 9) XV. TRANSPORTATION/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)? (Source: 2, 3, 9) b) Exceed, either individually or cumulatively, a level of service standard established by the county, congestion management agency for designated roads or highways? (Source: 2, 3, 9) Dublin Community Development Department Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 2_5 c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that resulm in substantial safety risks? (Source: 1, 9) d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Source: 2, 3, 9) e) Result in inadequate emergency access? (Source: 2, 3, 9 f) Result in inadequate parking capacity? (Source: 2, 3, 9) g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Source: 2, 3, 9) XVI. UTILITIES AND SERVICE SYSTEMS -- Would the project: a) Exceed Wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Source: 2, 3, 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? (Source: 2, 3, 9) 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? (Source: 2, 3, 9) d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (Source: 2, 3, 9) 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 provider's .existing commitments? (Source: 2, 3, 9) X X X X X X X X X Dublin Community Development Department Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (Source: 2, 3, 9) g) Comply with federal, state, and local statutes and regulations related to solid waste? (Source: 2, 3, 9) XVII. MANDATORY FINDINGS OF a) Does the project have the potential to degrade.the qualit) of the environment, substantially reduce the habitat of a iish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? (Source: 2, 3, 9,10) '-b) Does the project have impacts that are individually 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)? 'qource: 2, 3, 9,10) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? (Source: 2,3,9) Sources used to determine potential environmental impacts: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Determination based on location of proj eot. Site Visit Determination based on Staff project review. Determination based on the City of Dublin General Plan. Determination based on the City of Dublin Zoning Ordinance. Geotechnical Investigation Report prepared by Twining Laboratories, Inc. (July 29, 1999). Traffic analysis prepared by Omni Means (January, 2000). Communication with appropriate City or Agency personnel. Program EIR for East Dublin General. Plan Amendment and Specific Plan (SCH# 91-103064) and addenda. Biological Resources Assessment prepared by Zander Associates dated March 27, 2001, and updated assessment for Potential Dispersal Corridors for Red-Legged Frog prepared by Olberding Environmental, Inc dated June 18, 2002. Biological Resources Assessment for the California Tiger Salamander prepared by Olberding Environmental dated September 2, 2003. Dublin Community Development Department Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 3_7 ENVIRONMENTAL CHECKLIST RESPONSES AND ANALYSIS The following discussion includes explanations of answers to the above questions regarding potential environmental impacts, as indicated on the preceding checklist. Each subsection is annotated with the number corresponding to the checklis~ form. EXISTING SETTING: The project site area is located within the East Dublin Specific Plan area on a 105.7 acre parcel (later revised to 93.4 acres). The site surrounded by open space and single-family residential uses. The site is bounded on the west by Tassajara Road, on the north by the undeveloped Mission Peak property, the east by the undeveloped Redgewick property and to the south by the Lin (Dublin Ranch) and Quarry Lane School properties. Attachment to Pinn Brothers Construction, Inc.- Silveria/Haight/Nielsen Properties Stage 1 PD Prezoning/Development Plan & Annexation Request Stage 2.Planned Development RezoningfDevelopment Plan, Vesting Tentative Tract Map & Site Development Review Planning Application # 02-024 Discussion of Checklist)Legend PS: Potentially Significant Impact LS/M: Less Than Significant with Mitigation Incorporation LS: Less Than Significant Impact NI: No Impact I. AESTHETICS Environmental Setting The land composing the project site consists of the 91.04 acre Silveria property, the 2.42 acre Haight property and the 10.0 acre Nielsen property. The combined acreage of the project site is approximately 105.7 acres. The site is located within the East Dublin Specific Plan area, wkich includes an extension of Fallon Road and an expansion of Tassajara Road in and near the site. The future Fallon Road, an extension of the.existing Fallon Road alignment, divides the project into two development areas north and south of Fallon Road. The site is characterized by moderate to steeply sloping terrain (5% to 40% slopes). The Silveria and Haight properties are currently used for grazing purposes. The Nielsen property is used for a single residence which will is proposed to remain. The Nielsen property will not be further developed. The site is bounded on the west by Tassajara Road, on the north by the Mission Peak Co. property, the east by the Redgewick property and to the south by the Lin (Dublin Ranch) and Quarry Lane School properties. Both Fallon Road and Tassajara Road are designated as Scenic Corridors by the Eastern Dublin Scenic Corridor Policies and Standards (Scenic Corridor Plan) prepared by Gates and Associates in April 1996. Phase I of the project lies within Zone 4 or the "Tassajara Village" area of the Scenic Dublin Community Development Department Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 3_8 Corridor Plan. The Scenic Corridor Plan seeks to maintain view corridors to surrounding knolls by clustering development. r'roiect Impacts Phase 1 of the Stage 1 Prezoning/Development Plan shows medium high density and medium density residential designations on the development plan that will allow the second stage of the development plan (Stage 2) to cluster approximately 208 units adjacent to the south side of the Tassajara Road/Falton Road intersection. Approximately 50 single-family residential units would be clustered on the north side of the intersection to fit the terrain. The clustering of development preserves views to surrounding knolls as required by the Scenic Corridor Plan and minimizes grading and deVelopment impacts to the land and to scenic vistas. The development will use revegetation, contour grading with gradual transition to the natural slope and berming as necessary to minimize the visual impacts of grading. Most development is hidden behind ridgelines. The slopes are primarily under 30% slope with 1.5 acres in slopes over 30% which conforms to Policy 6.42 of the Specific Plan. The Stage 1 Prezoning/Development Plan clearly states that the visual impacts of the proposed grading will not be greater than for the development envelope shown in the Specific Plan. All development will remain outside the golden eagle viewshed area as required by the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan, and will not affect habitat area or dispersion habitat areas of the red-legged frog according to studies/surveys prepared for the project site. Tmpacts to scenic vistas will be minimal pursuant to project design which will be further refined at ~e subsequent Stage 2 of the Development Plan. No scenic resources, significant vegetation or, historic buildings will be impacted. Clustering of development with the contours of the site terrain will avoid impacts to scenic corridors. Visual impact will be minimized by clustering and by the use of attractive residential design and landscaping. The single-family dwellings will not be a source of substantial' light or glare which would adversely affect day or nighttime views in the area. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. Have a substantial adverse effect on a scenic vista? LS, beyond those examined in the Program EIR for the East Dublin General Plan and Specific Plan General Plan Amendment and Specific Plan. See Project Impacts above. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. See Project Impacts above. c) Substantially degrade the existing visual character or quality of the site and its Surroundings? LS, as referenced in the Program EIR for the East Dublin General Plan.Amendment and Specific Plan. See Project Impacts above. Dublin Community Development Department Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. See Project Impacts above. II. AGRICULTURE RESOURCES Environmental Setting The project site is classified as "Grazing Land" by the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation. This information is shown on a map titled "Alameda County Important Farmland 1992" prepared by the California Resources Agency. The Grazing Land category identified land on which the existing vegetation is suited to the grazing of livestock. Proiect Impacts The site is not Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. The site has been used for religious and educational purposes since 1979. There are no Williamson Act contracts on any of the properties proposed for annexation and development. There is no important farmland on the site to be converted to non-agricultural uses. a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? NI, beyond those examined in the Program EIR for the East Dublin General Plan and Specific Plan General Plan Amendment and Specific Plan. The project site is classified as "Grazing land", therefore no Prime Farmland, Unique Farmland, or Farmland of Statewide Importance will be converted. b) Conflict with existing zoning for agricultural use, or a Williamson Act. contract? NI, beyond those examined in the Program EIR for the East Dublin General Plan and Specific Plan General Plan Amendment and Specific Plan. See Project Impacts above. c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? NI, beyond those examined in the Program EIR for the East Dublin General Plan and Specific Plan General Plan Amendment and Specific Plan. See Project Impacts above. III. AIR QUALITY Environmental Settin~ The project site is located within the Tri-Valley area, a sheltered, inland area surrounded by hills to the west, south and east. Most of the airflow into the southern portions of the Valley is accomplished through only two gaps in the hills: the Hayward and Niles canyons. Local wind data show the frequent occurrence of low wind speed and calm conditions (the latter approximately 23 percent of the time). These local limitations on the capacity for horizontal dispersion of air pollutants combined with the regional characteristic o£ restricted vertical dispersion give the area a high potential for regional air quality problems. Dublin Community Development Department Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 2O Project Impacts a) Conflict with Or obstruct implementation of the applicable air quality plan? LS, as -eferenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. ,onstmction of the proposed project v~ll add additional vehicular traffic to this portion of Dublin. These additional vehicles will generate quantifies of carbon monoxide, reactive organic gasses, nitrous oxide, sulfur dioxide and particulate matter (PM10). However, the lOcation of the proposed project near major regional transportation corridors (I-680 and Dublin Boulevard), and the fact that the proposed project is a residential project which conforms with the City's General Plan and the East Dublin Specific Plan results in conformity with the Bay Area Air Quality Management District's Clean Air Plan. No objectionable odors will be created from the residential use of the site and the proposed development. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. Potential air quality impacts can be divided into short-term, construction related impacts and long-term operational impacts associated with the project.' In terms of short-term construction-related impacts, it is anticipated that the project would generate temporary increases in dust and particulate matter caused by minor site excavation and grading activities. Construction vehicle equipment on unpaved surfaces also generates dust as would wind blowing over exposed earth surfaces. Generalized estimates of construction air emissions include approximately 1.2 tons of dust per acre per month of construction activity. About 45 percent of construction-related dust is composed of large particles that settle rapidly on nearby surfaces and are easily filtered by human breathing patterns. The remainder of dust consists of Rail particles (also known as PM10). The City requires the implementation of a Construction Impact P, eduction Plan as a standard condition of approval that will reduce the short-term impacts to this issue to a level o~ insignificance. Construction of the proposed project will add 2,479 vehicular trips per day to this portion of Dublin in the long term. These additional vehicles will generate quantities of carbon monoxide, reactive organic gasses, nitrous oxide, sulfur dioxide and particulate matter (PMt 0). However, the location of the proposed project near major regional transportation corridors (1-580 and Tassajara Road and Fallon Road), the fact that the proposed project produces less than 2500 trips per day, and the fact that many of the trips to the project are multi-purpose trips means that the project will have less than significant long term impacts to this issue. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. c) ReSult in a cumul.atively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project will create 2,479 trips per day. The amounts of ozone contributed per day by this in-fill project will not be cumulatively significant due to the small number of trips per day. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. d) Expose sensitive receptors to substantial pollutant concentrations? NI, beyond those examined in *he Program EIR for the East Dublin General Plan and Specific Plan General Plan Amendment and pecific Plan. As stated in III-b above, the impacts to air quality of the project will be less than Dublin Community Development Department Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 2t significant both on the long and short term. The project, if approved and constructed, would add an anticipated 2,479 vehicular trips to the project_site. This increase in vehicular trips is minor considering the fact that many of the trips are multi-purpose trips. It is unlikely that the project would expose additional~ensitive receptors, future customers, to insignificantly higher concentrations ofvehicle related pollutants. Any impacts to this issue would be less than significant. e) Create objectionable odors affecting a substantial number of people? NI, beyond those examined in the Program EIR for the East Dublin General Plan and Specific Plan General Plan Amendment and Specific Plan. See "Project Impacts" above. IV. BIOLOGICAL RESOURCES Environmental Setting Leslie Zander of Zander Associates conducted reconnaissance-level surveys of the subject properties in March 1999, February 2000 and February 2001. Those studies determined that no habitat areas exist on the site for the red-legged frog, San Joaquin kit fox, California tiger salamander or the golden eagle. Additionally, a follow-up survey prepared by Olberding Environmental, Inc., wetland biologists, to determine the likelihood of red-legged frog dispersion habitat on the properties was completed in June 2002, and found that such habitat does not exist on the Silveria Ranch properties. In August 2003, a survey was conducted and a report prepared by Olberding Environmental, Inc. to determine the likelihood of California tiger salamander, a Species of Special Concern as identified by the California Department ofFish and Game (CDFG), potential habitat occurring on the project site (see Attachment 6, California Tiger Salamander Assessment for the Silveria-Haight Property, for additional details). In surveying the adjacent site owned by the Mission Peak Development Company, the biologist found a pond approximately 172 feet from the Silveria property boundary containing two California tiger salamanders. Although the species usually occurs in wetland areas such as Tassaj ara Creek and ponds, and the Silveria Ranch property does not contain any wetland areas, it is known to travel within a range of one mile for aestivation habitat in abandoned burrows created by other small animals and rodents. The project proposes no development within 100 feet of riparian vegetation or pools on the neighboring property to the south of the project site, and no development within approximately 275 feet of a pond on the site to the north. A Species of Special Concern has no legal status; however the California Department of Fish and Game recommends considering it when analyzing project impacts to protect declining populations. Although the species was not found on the Silveria Ranch property, the biologist has recommended that a buffer of approximately 750 feet be maintained from the pond during grading and vegetation clearing surrounding the breeding pond during the breeding and migratory seasons (November through June) for potential aestivation and breeding habitat. The closest limit of grading from the pond to the Silveria Ranch property is approximately 275 feet (see Figure 6 in attached Addendum, Distances to Mission Peak Pond), and the closest developed lot is 431 feet from the pond. The Eastern Dublin Specific Plan suggests at least a 100-foot buffer between biological resources and development. The Applicant has incorporated this recommendation and other recommendations of the biological survey report in the project Development Plan, and these recommendations are also included in the Conditions of Approval for the project. As part of the project, the Applicant has designated approximately 49.1 acres of the 56 acres of project Open space will be retained as permanent open space and potential habitat value. This area allows a large amount of land to remain essentially undeveloped as an open space corridor connecting to surrounding open space areas on adjacent properties, and contiguous with the buffer area for the subject project, thereby providing potential Dublin Community Development Department Pirm Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 22 aestivation habitat for the tiger salamander. These.impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. -he Addendum to the Eastern Dublin EIR, and attached hereto, has been prepar~ed summarizing the issues ,elated to the California tiger salamander. This constitutes a minor change in the project and environmental review under CEQA guidelines Section 15164(a), and the project will have no significant impact On the species that was not addressed in the previous EIR. The project will comply with the requirements of all regulatory agencies having jurisdiction over biological resources and the project: All other environmental impacts of this project were fully addressed in the Eastern Dublin EIR, and no new significant information has arisen for this project during the preparation of the initial study and addendum that would require further environmental review. Project Impacts There are no project related environmental impacts to biological resources. a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department ofFish and Game or U.S. Fish and Wildlife Service? NI, beyond those examined in the Program EIR for the East Dublin General Plan and Specific Plan General Plan Amendment and Specific Plan. No such species have been observed on the site based on field observations conducted in March 1999, February 2000, February 2001, and June 2002.. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community tentified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? NI, beyond those examined in the Program EIR for the East Dublin General Plan and Specific Plan General Plan Amendment and Specific Plan. No riparian habitat or sensitive natural communities exist on the project site or are included in any plan, policy or regulations of a local agency or the CDF or USF&WS. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? NI, beyond those examined in the Program EIR for the East Dublin General Plan and Specific Plan General Plan Amendment and Specific Plan. No federally protected wetlands exist on the project site. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? NI, beyond those examined in the Program EIR for the East Dublin General Plan .and Specific Plan General Plan Amendment and Specific Plan. There are no native resident or migratory fish or wildlife species or wildlife or migration corridors on site. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan according to surveys completed by wildlife biologists. Dublin Community Development Department Pinn Bros./Silveria Rezoning/Stage I & 2 Development Plan PA 02-024 23 e) Conflict with any local policies or ordinances protecting biological resources, such as atree preservation policy or ordinance? NI, beyond those examined in the Program EIR for the East Dublin General Plan and Specific Plan General Plan Amendment and Specific Plan. No heritage trees exist on the project site. No biological resources exist on the_project site. These impacts were also addressed in the Program EIR. for the Eastern Dublin General Plan Amendment and Specific Plan. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional, or state habitat conservation plan? NI, beyond those examined in the Program EIR for the East Dublin General Plan and Specific Plan General Plan Amendment and Specific Plan. There is no adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional or state conservation plan applicable to the project site. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. V. CULTURAL RESOURCES Environmental Settin~ The project site is grazing land with a single-family home, proposed to remain, that is not historically significant. No cultural resources were identified by the Program EIR for the Eastern Dublin General Plan Amendment and Specific .Plan Prqiect Impacts a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. No historical, archaeological, paleontological, or human remains resources remain on the graded surface of the site. Any such resources buried under theoground surface would be re- buried by the project. The possibility exists that such resources could be buried on the site. The Eastern Dublin General Plan Amendment and Specific Plan contains mitigation measures that adequately address these potential impacts. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. e) Disturb any human remains, including those interred outside of formal cemeteries? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. VI. GEOLOGY AND SOILS Dublin Community Development Department Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 Environmental Setting The ske lies within the San Ramon Valley, in the eastern portion of Dublin and toward the northern Alameda ~.ounty boundary with Contra Costa County. According to historic geologic studies in the area, the site is anderlain by poorly consolidated, non-marine deposit sedimentary rocks of the Tassajara Formation. The geotechnical investigation report prepared for the project indicates that the site is not within an Alquist-Priolo Fault Zone (1982). There are no mapped faults which are known to traverse the site, the closest Alquist-Priolo Fauk Zone is the Calaveras Fault located along San Ramon Road approximately one-quarter mile to the west. The next nearest active seismic faults include the Hayward and the San Andreas Faults which are located approximately 12 miles southwest, and 30 miles west-southwest, respectively. The closest potentially active faults include the (1) Verona, which is located approximately 4 miles to the south, and (2) the Las Positas, which is located approximately 8 miles to the southeast. All grading for the Project will be required to conform to the requirements of the City of Dublin. Proiect Impacts a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The risk of fault rupture on the site is anticipated to be low, since the nearest known active or potentially active faults lie a minimum of four and one- half miles to the West. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific'Plan. ii) Strong seismic ground shaking? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The site as well as the encompassing region is subject to severe ground shaking from a number of active and potentially active faults in the greater Bay Area, including the Hayward fault, San Andreas fault and Calaveras fauk. The ground shaking issue is less than significant for this project because it will adhere to the requirements of the Uniform Building Code. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. iii) Seismic-related ground failure, including liquefaction? LS. Routine enforcement of provisions of the 1997 Uniform Building Code and recommendations contained in the geoteclmical report prepared for the project will serve to reduce potential impacts of seismic ground failure to a less than significant level. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. iv) Landslides? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The enforcement of the City of Dublin Grading Ordinance will ensure that any potential impacts from landslides or mudflows would be considered less than significant. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. Dublin Community Development Department Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 b) Result in substantial soil erosion or the loss of topsoil? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. There will be no erosion of topsoil because the site will be developed pursuant to City of Dublin Best Management Practices. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project will be graded pursuant to the City of Dublin Grading Ordinance and City of Dublin Best Management Practices ensuring that landslides, lateral spreading, subsidence, liquefaction or collapse will not occur. These impacts were also addressed in the program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. d) Be located on expansive soil, as defmed in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project will be graded pursuant to the City of Dublin Grading Ordinance and City of Dublin Best Management Practices ensuring that all issues arising due to expansive soil will be properly addressed. This will reduce any impacts to this issue to a level of less than significant. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. e) Have soils incapable' of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal ofwastewater? NI. The project site will be served for wastewater disposal by the Dublin San Ramon Services District. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. VII. HAZARDS AND HAZARDOUS MATERIALS Environmental Setting The site of the proposed project has historically been used only for grazing purposes and therefore no hazardous materials are stored or transported across the property. The proposed residences will use materials typical of residential areas. Project Impacts a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? LS, as referenced in the Program EIR for the East Dublin General Plan .~anendment and Specific Plan. The project is a residential development. The proposed residences will use materials typical of residential areas. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Dublin Community Development Department Pirm Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 2~ LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project is a residential development. The proposed residences will use materials typical of residential areas. These impacts were also addressed in the Program EIR for the Eastern Dublin qeneral Plan Amendment and Specific Plan. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project is a residential development. The proposed residences will use materials typical of residential areas. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. d) Be located on a site whichis included on a list of hazardous materials sites compiled pursuant, to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? NI, beyond those examined in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project site is not located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or-public use airport, would the project result in a safety hazard for people residing or working in the project site? NI, beyond those examined in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project site is not located within an airport land use plan or within two miles of a public airport or public use airport. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project site? NI, beyond those examined in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project site is not located within the vicinity of a private airstrip. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? LS, beyond those examined in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project is adjacent to Tassajara Road and Fallon Road which are currently two-lane roadways, but are planned in the future to be four- or six-lane facilities. The project will not impair access to or along these roadways. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? NI, beyond those examined in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project will conform to the City of Dublin Wildfire Management Plan. VIII. HYDROLOGY AND WATER QUALITY Environmental Setting No surface water exists on the site. All runoff in the vicinity is directed to Tassajara Creek. There are no creeks r open waters on the site. Dublin Community Development Department 2 ? Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 The entire Tri-Valley area is underlain by an extensive underground aquifer. The aquifer ranges in depth between 15 and 500 feet but is no longer used as the primary source of domestic water in the area. Zone 7 of the Alameda County Flood Control and W~er Conservation District is presently finalizing plans to store treated wastewater within the aquifer during winter months, which will be pumped out and used for landscape irrigation during dry, summer months. Proiect Impacts a) Would the project violate any water quality standards or waste discharge requirements? LS, as referenced' in the'Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project conforms to Zone 7 requirements and will meet the water quality requirements of the City. of Dublin's NPDES permit and the Alameda County Urban Runoff Clean Water Program. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. b) Would the project substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project will be served with Water by the Dublin San Ramon Services District and will therefore not deplete groundwater resources on.or near the project. Impervious surfaces will be constructed ant will be meet the requirements of Zone 7. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? NI, beyond those examined in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. There are no watercourses or drainage patterns in the vicinity of the project. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. d) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off-site? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project grading will not alter the course of a stream or river and will conform to the City of Dublin NPDES Permit and Best Management Practices. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. e) Would the project create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?. LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The local stormwater drainage system has the capacity to handle the anticipated runoff from this project. These impacts were also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. Dublin Community Development Department Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 28 f) Would the project otherwise substantially degrade water quality,? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project will utilize storm drainage facilities in Tassajara Road and Fallon Road rather than discharge into surface ,aters and will therefore have no water quality impacts. The project will meet the water quali~ requirements of the City of Dublin's NPDES permit and the Alameda County Urban Runoff Clean Water Program. g) Would the project place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? NI, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. This project will not place housing within a 100-year flood hazard area. h) Would the project place within a 100~year flood hazard area structures which would impede or redirect flood flows? NI. The project lies well above Tassajara Creek and therefore will not place structures within a. 100-year flood hazard area which would impede or redirect flood flows. i) Would the project expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? NI. There would be no such exposure because the development will lie well above 100-year flood hazard area . j) Would the project expose people'or structures to a significant risk of loss, injury or death involving inundation by seiche, tsunami, or mudflow? NI. There are no bodies of water located nearby which could be a source of seiche, tsunami or mudflow hazard. IX. LAND USE AND PLANNING Environmental Setting The land composing the project site consists of the 91.04 acre Silveria property, the 2.42 acre Haight property and the 10.0 acre Nielsen property. The combined acreage of the project site is approximately 106 acres. The future Fallon Road, an.extension of the existing roadway as shown in the East Dublin Specific Plan, will divide the project into two development areas north and south of the roadway alignment. The site is characterized by moderate to steeply sloping terrain (5% to 40% slopes). The Silveria and Haight properties are currently used for grazing purposes. The Nielsen property is used for a single residence which will remain. The Nielsen property will not be developed. The site is bounded on the west by Tassajara Road, on the north by the Mission Peak property, the east by the Redgewick property and to the south by the Lin and Quarry Lane School properties. Project Impacts a) Physically d/vide an established community? NI. The project consists development of vacant grazing land and will therefore not divide an established community. Dublin Community Development Department Pirm Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 c) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? NI. The Dublin General Plan and the East Dublin Speciflc~lan designate the site as Single Family Residential, Medium Density Residential and Medium High Density Residential. The proposed development is consistent with those land use designations by proposing to develop approximately 208 new Medium Density and Medium High Density residential units, and approximately 50 new Single Family residential units. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? NI. There is no habitat conservation plan or natural community preservation plan that applies to the project site or the vicinity. X. MINERAL RESOURCES Environmental Setting The project site is vacant grazing land. The project site contains no known mineral resources. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific plan. Proiect Impacts a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? NI. There are no known mineral resources on the subj eot property. b) Result in the loss of availability of a locally impOrtant mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? NI. The Conservation Element o£the General Plan does not reference any significant mineral resources in the project site. XI. NOISE Environmental Setting The General Plan identifies that the normally acceptable maximum outdoor Ldn noise level is 60 dBA for residential areas, while interior areas have a maximum noise level of 45 dBA. The proposed project will be located in a rural area adjacent Tassajara Road and Fallon Road. Normal construction techniques and the use of sound walls will insure that these standards are met. Prqiect Impacts a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project will not result in the exposure of people to severe noise levels. Normal residential construction techniques and~the use of sound walls will insure that persons will not be exposed to noise levels in excess of 60 dBA. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. Dublin Community Development Department Pirm Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 3O b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The proposed residential development will not generate vibrations that will be · ansmitted to the ground. _This~impact was also addressed in the. Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. Normal residential construction techniques and the use of sound wails will insure that persons will not be exposed to noise levels in excess of 60 dBA. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? LS. The project will not result in the exposure of people to severe noise levels. Normal residential construction techniques and the use of sound walls will insure that persons will not be exposed to noise levels in excess of 60 dBA. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. The Construction Noise Management Program/Construction Impact Reduction Plan required as a condition of approval of the project will ensure that temporary construction noises will be reduced to a level of less than significant. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project site to excessive noise levels? NI. This project site is not within a airport land use plan or within two miles of a public airport or public use airport. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project site to excessive noise levels? NI. This project site is not within the vicinity of a private airstrip. XII. POPULATION AND HOUSING Environmental Settin~ The city population as of January 1, 2001 was estimated by the State Department of Finance to be 32,570. Significant population growth is anticipated for the community based on planned residential growth in east Dublin, where the City has approved a specific plan calling for residential growth. According to the Association of Bay Area Governments (ABAG), the total population of Dublin is expected to increase to 49,400 by the year 2005 and 58,900 in the year 2010. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. Proiect Impacts a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? LS, as referenced 'in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project proposes homes in areas proposed for residential ~evelopment in the Eastern Dublin Specific Plan at densities substantially below the mid-range of Dublin Community Development Department Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 densities proposed on that plan, thereby introducing a lower population into the area. Existing roadways adjacent the project will be widened pursuant to that plan and its Program EIR. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? NI. The project site is a vacant area used for grazing that contains no housing. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewher~? NI. The project site is a vacant area used for grazing that contains no housing. XIII. PUBLIC SERVICES Environmental Setting The project site is served by the following service providers: · Fire Protection. Fire protection is provided by the Alameda County Fire Department, under contract to the City of Dublin, which provides structural fire suppression, rescue, hazardous materials control and public education services. · Police Protection. Police protection is provided by the Alameda County Sheriff, under contract to the City of Dublin. The Department, which maintains a sworn staff of 31 officers, performs a range of public safety services including patrol, investigation, traffic safety and public education. · Schools. Educational facilities are provided by the Dublin Unified School District that operates kindergarten through high school services within the community. Schools which would serve the project include Dublin High School (grades 9-I2) and Wells Middle School (graded 6-8). Grades K-5 could be served by one of three elementary schools within the District. · Maintenance. The City of Dublin provides public facility maintenance, including roads; parks, street trees and other public facilities. Dublin's Civic Center is located at 100 Civic Plaza. · Other governmental services. Other governmental services are provided by the City of Dublin including community development and building services and related governmental services. Library service is provided by the Alameda County Library with supplemental fUnding by the City of Dublin. The City of Dublin has adopted a Public Facilities Fee for all new residential development in the community for the purpose of financing new municipal public facilities needed by such development. Facilities anticipated to be funded by the proposed fee would include completion of the Civic Center Complex, construction of a new library, expansion of the existing senior center, acquisition and development of new community and neighborhood parks and similar .municipal buildings and facilities. The applicant would be required to pay this fee in accordance with State law which determines the maximum amount of school fees. Proiect Impacts a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental Dublin Community Development Department Pinn Bros./Silveria Rezonin~Stage 1 & 2 Development Plan PA 02-024 32 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: _,ire Protection? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. According to representatives of the Fire Department, the proposed project lies within 5 miles of the fire station located adjacent the Santa Rita Jail. A typical response time of less than five minutes is anticipated. As part of the site development review process, specific fire protection requirements will be imposed on the development to ensure compliance with applicable provisions of the Uniform Fire Code. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. Police Protection? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The Dublin Police Services can adequately protect this project. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. Schools? NI. The Dublin Unified School District will have sufficient facilities in the eastern Dublin area to provide educational services for a residential development with 259 homes by the time they are occupied. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. The applicant will be required to pay school impact mitigation fees determined by State law. Parks? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. This project is a residential project. The developer will pay the Public Facilities Fee that pays for parks among other services which will reduce any impacts to parks to a level of less tan significant. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. Other Public Facilities? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project would represent incremental increases in the demand for general governmental services. Payment of the City's Public Facility Fee would offset any impacts caused by the project. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. XIV. RECREATION Environmental Setting City parks closest to the project site include Emerald Glen Park and the Dublin Sports Grounds. PrOiect Impacts a) Would the project increase the use of existing neighborhood and regional parks or other recreational 'facilities such that substantial physical deterioration of the facility would occur or be accelerated? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The applicant will be required to pay a Public Facilities Fee to the City of Dublin, which includes a contribution toward construction of new parks in the city. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. Dublin Community Development Department Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? NI, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project is a residential project. The applicant will b,required to pay a Public Facilities Fee to the City of Dublin which, includes a contribution toward construction of new park and recreation facilities in the city. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. XV. TRANSPORTATION/TRAFFIC Environmental Setting The project is served by Interstate 580, Tassajara Road and Fallon Road. The project proposes approximately 259 dwelling units in a development area that is allowed 372 dwelling units by the Eastern Dublin Specific Plan at the mid-point of the density range. A Traffic Study was performed for this project by TJKM, transportation consultants in July 1999, and revised in October 2000. That study found that 220 units would generate 2,123 daily trips, 570 trips during the A.M. peak hour and 539 trips during the P.M. peak hour. The additional units (39) proposed by the currently project proposal would increase the number of daily trips during each time period up to a total of 2,479 daily trips. At the Stage 2 Development Plan phase, an updated traffic analysis will be required to ensure that all necessary mitigation measures are incorporated in the project, and adequate traffic mitigation fees are assessed. As t_he Eastern Dublin Specific Plan and the related Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan evaluated the traffic impacts of a development on the project sire of up to approximately 372 dwelling units, the traffic generated by the Pinn Brothers project would be less than considered in the original plan. The project will, therefore, generate significantly less traffic than the land uses permitted by the Eastern Dublin Specific Plan and addressed by the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. General Plan Transportation Policy Framework The General Plan measures and evaluates traffic congestion conditions of the roadway network by using intersection level of service ("LOS") analysis. The LOS analysis describes the operational efficiency of an intersection by comparing the volume of critical traffic movements to intersection capacity and determining average delays. LOS can range from "A," representing free-flowing conditions, to "F," representing very severe congestion and intersection breakdown. The General Plan adopts LOS D or better as the acceptable LOS for all routes of regional significance (these routes include: Dublin Blvd., Dougherty Rd., Tassajara Rd., and San Ramon Rd.). Development and road improvements should be phased so that the LOS does not deteriorate below LOS D (V/C .91 or greater) (General Plan Guiding Policies 5.1.1B and C). Significance Criteria Based upon General Plan policies, an intersection impact is considered significant if it causes the overall intersection LOS, or a movement LOS in the intersection, to fall below LOS D. Pro_iect Impacts Dublin Community Development Department Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 Would the Project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the !feet 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 LS. The proposed project would increase vehicle trips and traffic congestion in the lOcal roadway network, which could deteriorate existing levels of service on some affected roadways. As discussed in the Program EIR, Tassajara Road will be widened by the developer and other developers or the City to four- or six-lanes between Fallon Road and North Dublin Ranch Drive. If the City implements this improvement, the developer will be required to pay the project's fair-share of the cost of the improvement. Additionally, the developer will be required to the project's fair-share toward improvements at the 1-580/Tassajara Road interchange. This will mitigate the traffic impacts of this project. As stated above, the 259 dwelling unit development is significantly less than the 372 dwelling unit development allowed on the site than the Eastern Dublin Specific Plan. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. TJKM has found that the project will not result in level of service standards exceeding LOS D, the maximum LOS permitted by the City. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? NI, beyond those examined in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The project is not ited near an airport. This impact was also addressed in the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections). LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. There are not design features of the project that would increase hazards. e) Result in inadequate emergency access? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. Adequate access to the development will be provided via Interstate 580, Tassajara Road and Fallon Road. These roadways provide adequate emergency access for the region. Emergency access to the site will also be fin~er evaluated at the next stage of the Development Plan process when the specific location of the individual lots is known. The development of 259 dwelling units will not result in inadequate emergency access to these roadways because it will be respohsible for adequate improvements on Tassajara Road and Fallon Road along the roadway frontages. f) Result in inadequate parking capacity? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment and Specific Plan. The multi-family and single-family residential development project will be required to provide-sufficient parking on site for each unit and will not result in inadequate parking capacity. g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicyCle racks)? LS, as referenced in the Program EIR for the East Dublin General Plan Amendment Dublin Community Development Department Pinn Bros./Silveria Rezoning/Stage 1 & 2 Development Plan PA 02-024 EXHIBIT B STATEMENT OF OVERRIDING CONSIDERATIONS 1. General, Pursuant to CEQA Guidelines section 15093, the City Council of the City of Dublin adopted a Statement of Overriding Considerations for those impacts identified in the Eastern Dublin EIR as significant and unavoidable. (Resolution 53-93, May 10, 1993.) The City Council carefully considered each impact in its decision to approve urbanization of Eastern Dublin through approval of the Eastem Dublin General Plan Amendment and Specific Plan project. The City Council is currently considering the Pinn Brothers Homes/Silveria Ranch project on Silveria Ranch, LLC property in Eastern Dublin. The Silveria Ranch project proposes to develop residential homes at densities consistent with the land use designations for the site: Medium Density Residential, Medium High Density Residential, and Single-Family Residential. Implementing applicable environmental protection measures from the Eastem Dublin EIR, biological resource studies were prepared for the Silveria Ranch project. Additional protections identified in the studies applicable to the potential development on the Silveria Ranch property related to the California Tiger Salamanders were incorporated into the project desCription and wil be implemented with the project. The City Council adopted a Statement of Overriding Considerations with the original land use approvals for urbanization of Eastem Dublin. Pursuant to a recent court decision, the City Council hereby adopts specific overriding considerations for the Silveria Ranch project. ~ The City Council believes that many of the unavoidable environmental, effects identified in the Eastern Dublin EIR that are applicable to Silveria Ranch site will be substantially lessened by mitigation measures adopted with the original approval and by the environmental protection measures adopted through the Silveria Ranch project approval, and the related Conditions of Approval, to be implemented with the development of the project. Even with mitigation, the City Council recognizes that the implementation of the project carries with it unavoidable adverse environmental effects as identified in the Eastern Dublin EIR. The City Council specifically finds that to the extent that the identified adverse or potentially adverse impacts for the Silveria Ranch project have not been mitigated to acceptable levels, there are specific economic, social, environmental, land use, and other considerations that support approval of the Project. 2. Unavoidable Significant Adverse Impacts. The following unavoidable significant environmental impacts identified in the Eastern Dublin EIR for future development of Eastern Dublin apply to the Silveria Ranch project: Land Use Impact 3.1IF. Cumulative Loss of Agricultural and Open Space Lands; Visual Impacts 3.8/B; and, Alteration of Rural/Open Space Character. Although considerable development has occurred south of the Silveria Ranch area, and a substantial amount {approximately 56 acres) of the project site will be preserved as open space and permanent open space under an easement, the site ~s Presently agricultural grazing land, except for a residential and a few farm structures, and has some open space character. Future development of the Silveria Ranch site will contribute to the cumulative loss of open space land. Traffic and Circulation Impacts 3.3/B, 3.3/F. 1-580 Freeway, Cumulative Freeway Impacts: The Traffic Study prepared for the Silveria Ranch project and the Dublin Transit Center EIR update cumulative impacts to the 1-580 and 1-680 freeways from development in Eastern Dublin. While city street and interchange impacts can be mitigated through planned improvements, transportation demand management, the 1-580 Smart Corridor program, and the extension of Fallon Road to Tassajara Road and other similar measures, mainline freeway impacts continue to be identified as unavoidable, as anticipated in the Eastern Dublin EIR. Future development on the Silveria Ranch site will incrementally contribute to the unavoidable freeway impacts. ~ ".. public officials must still go on the record and explain specifically why they are approving the later project despite its significant unavoidable impacts." (emphasis original.) Communities for a Better Environment v. California Resources Agency 103 Cal.App. 4t~ 98, (2002). , EXHIBIT Community Services and Facilities Impact 3.4/S. Consumption of Non-Renewable Natural Resources and Sewer, Water; and Storm Drainage Impact 3.5/F, H, U. Increases in Energy Usage Through Increased Water Treatment, Disposal and Operatio~ of Water Distribution System: Future development of the Silveria Ranch project will contribute to increased energy consumption. Soils, Geology, and Seismicity Impact 3.6/B. Earthquake Ground Shaking, Primary Effects: Even with seismic design, future development of the Silveria Ranch project could be subject to damage from large earthquakes, much like the rest of the Eastern Dublin planning area. Air Quality Impacts 3.11/A, B, C, and E: Future development of the Silveria Ranch project will contribute to cumulative dust deposition, construction equipment emissions, mobile and stat!onary source emissions. 3. Overriding Considerations. The City Council previously balanced the benefits of the Eastern Dublin project approvals against the' significant and potentially significant adverse impacts identified in the Eastern Dublin EIR. The City Council now balances those unavoidable impacts that apply to future development on the Silveria Ranch site against its benefits, and hereby determines that such unavoidable impacts are outweighed bY the benefits of the Silveria Ranch project as further set forth below. The area planned for clustered development on the Silveria Ranch site is a relatively unconstrained portion of the area'whose future-development would further the urbanization of Eastern Dublin as planned through the corn prehensive framework established in the original Eastern Dublin approvals. Future development would provide planned housing while retaining important open space and visual qualities of the area, and would provide the potential for approximately 254 new homes at various densities, as well as construction jobs, ~n an area with access to major transit facilities, schools, and proposed parks. Silveria Ranch is also convenient to existing and future housing in Dublin, will provide 19 Inclusionary housing units and pay in-lieu fees for 13 other affordable units of housing, and could substantially increase property tax revenues.